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09-24-1969 MinutesVIRGINIA: At an adjourned meeting of the Board of Supervisors of Chesterfield County, held at the Courthouse on September 24, 1969, at 2:00 P.M. Present: Mr. Irvin G. Horner, Chairman Mr. Hi O. Browning, Vice-Chr. Mr. J. Ruffin Apperson Mr. F. F. Dietsch Mr. A. R. Martin Mr. C. J. Purdy Also Present: Mr. Morris Mason, Asst. Comm. Atty. Mr. M. W. Burnett, Exec. Sec'y. Mr. John E. ~ongmire, Asst. Exec. Sec'y. Mr. Howard A. Mayo, Jr., Co. Planner Mr. Robt. A. Painter, Co. Engr. i On motion of Mr. Apperson, seconded by Mr. Purdy, it is resolved that the minutes of September 10, 1969 be and the~ereby are approved. On motion of Mr. Dietsch, seconded by Mr. Martin, it is resolved that consideration of the vacation of Meeks Lane be deferred to the January meeting. On motion of Mr. Martin, seconded by Mr. Purdy, it is resolved that the following water contracts be and they hereby are approved: ~ A-4061 Salisbury Section B-2 $16,443.20 RAC-661 St. John's Wood Apartments 43,287.25 A-640B Briarwood, Phase II 3,612.75 · On motion of Mr. Martin, seconded by Mr. Dietsch, it is resolved that the County ii Engineer be and he hereby is authorized to extend the water line on Courthouse Road ~' and Cottonwood Road provided the necessary easements can be obtained. i On motion of Mr. Dietsch, seconded by Mr. Martin, it is resolved that an emergency ~ existing the Right of Way Department be and it hereby is authorized to condemn ease- '~ ments from the following named people on the stated projects who have been offered I the stated amounts: Project C-650A/5 James E. Branch & Pinkey L. Branch $25.00 Project C-650A/7 Daniel A. Patron & Naomie H. Patron 25.00 Project C-650/8 Anna Johnson & Maria J. Harris 25.00 Project 6511-20B/4 Roy S. Hensley,~r. and Patricia D. Hensley 50.00 On motion of Mr. Dietsch, seconded by Mr. Browning, it is resolved that this Board approves the recommendation of the consulting engineers concerning the extension of time for the Lar~amore Construction Company on Project 6511-58. On motion of Mr. Martin, seconded by Mr. Apperson, it is resolved that the following agreement be and it hereby is approved: It is agreed between the Southern Railway Company, a Virginia corpora- tion, hereinafter styled Company: and Chesterfield County, Virginia, a municipal corporation of Virginia, acting herein by and through the Board of Supervisors of Chesterfield County, here- inafter styled Licensee: 1. COMPANY grants unto Licensee, insofar as its title enables it ~o to do, the license to construct and maintain a sewer pipe line crossing upon the right of way of property (hereinafter called property) of Company at Robious, Virginia, the aforementioned installation, hereinafter called "Facility", being that identi- fied and located substantially as shown in red color on annexed print of Drawing marked Exhibit A, dated July 1, 1969, revised August 1, 1969, (furnished by Licensee Lincensee will pay the sum of None as a contribution toward the engineering, legal and supervision expense incurred by Company. 2. Licensee will construct and maintain Facility, at its expense, in such manner as will not interfere with operations of Company or endanger persons or property of Company, and in accordance with (a) plans and specifications (if any) shown on said print and any other specifications reasonably prescribed by Company, (b) applicable regulations prescribed by statute or by Governmental authority, and (c) applicable specif, ications adopted by the Association of American Railroads when not in conflict with plans, specifications or regulations mentioned in (a) and (b) above. Licensee will, at its expense, make such changes in location, grade or con- st~uction of Facility as may be, at any time, required by Company. 3. If Facility endangers or interferes with operations of Company, or if Licensee is in default hereunder and does not remedy such default or'~ondition after notice by Company so to do, this license may be rev oked by Company and Licensee shall, at its expense, upon written notice by Company, remove~Facility from Company's property and restore said property to condition existing prior to con- struction of Facility. If Licensee fails to remove Facility, Company may do so at. Licensee's expense. If an emergency arises which in Company's judgment requires immediate repairs to Facility, Licensee will, upon request, do the necessary work., or failing so to do, Company may make such repairs at Licensee's expense, 4. Said Facility shall be constructed and maintained at the sole risk of the Licensee and Licensee agrees, without regard to negligence on the part of the Company or any other corporation controlling, controlled by or under common control ~!wJth C0mD~Dy. to sav~ Company or any other corporation controlling, controlled by or ~!under common control with Company, wholly harmless from and against all claims, !;damages, expenses, and liability (whether or not such liability has been judicially '!determined) for loss of life, personal injury or damage to property, resulting from i!or in any manner attributable to the construction, maintenance, use, operation or !!presence of the Facility, or to the presence of the equipment or employees of Lisen- ilsee, on Company's property. 5. This agreement shall inure to the benefit of and be binding upon the i!respective successors, heirs and assigns of the parties hereto, as well as upon the i~parties themselves. iiOn motion of Mr. Dietsch, seconded by Mr. Purdy, it is resolved that the County iiEngineer be authorized to let a contract for Project S-69-26CD for the installation !lofa sewer main for Mr. A. L. Davis, provided satisfactory bids are received from iithis project. iiM[. Richard Robertson, Executive Director of the Richmond Regional Planning Commis- ilslon, states that the Richmond Metropolitan Authority has agreed to build a toll ilbridge to connect Laburnum Avenue with Chippenham Parkway and that Mr. Douglas iiFugate, Highway Commissioner, indicates that the State Highway Department cannot ad- ilvance funds for this project in the foreseeable future. He cited further that two proposed bridges in this study should have a preliminary feasibility study which ~would cost approximately $52,000, $30,000 of which had been tentatively promised from the County of Henrico. After much discussion of this matter, it is on motion of Mr. Purdy, seconded by Mr. Dietsch, it is resolved that the County of Chesterfield will participate in the cost of a preliminary feasibility study of the two bridges across the James River known as the Outer Circumferential and the Chippenham-Laburnum bridges up to an amount of ,,$1o,ooo. !lit is here noted that Mr. Browning votes Ho stating that this money should come from i!the Highway Department. On motion of Mr. Martin, seconded by Mr. Apperson, it is resolved that the Building i!Inspector is authorized to issue a building permit to Mrs. J. M. Greer of the north side of Luck Lane, provided a strip of land for the road construction be dedicated ii25 feet from the center line of said right of way and that utility and drainage !easements be dedicated if needed. i!The Executive Secretary cited the following roads as having been officially tak'en !into the State Secondary System: ii Stonehenge Subdivision, Section Edenberry Drive - from Route 2560 to Rexmoor Drive 0.31 Mi. iiBlanchard Drive- from Rexmoor Drive to Bondurant Drive 0.19 ~Rexmoor Drive - from Route 2561 to Blanchard Drive 0.26 llBollingbrook Drive - from Farnham Drive to a cul-de-sac 0.45 Mi. iiFarnham Drive - from Route 2562 to cul-de-sac 0.17 i!Bondurant Drive - from Blanchard Drive, 0.05 mile i east to a Cul-de-sac and from Blanchard !i Drive 0.17 mile west to a cul-de-sac 0.22 i!Edenberry Court - from Edenberry Drive, 0.06 mile i south to a cul-de-sac 0.06 " Westover South Subdivision, Sections "B" and !!Decker Road - from Route 1967 northeastwardly 0.11 mile ! to a cul-de-sac 0.11" ~iTarpley Road - from 0.03 mile south of Route 1271 to ii 0.13 mile south of Decker Road 'On motion of Mr. Apperson, seconded by Mr. Browning, it is resolved that the County ipolicy of quarterly appropriations be changed and that all appropriations be made ii an annual basis. iOn motion of Mr. Apperson, seconded by Mr. Dietsch, it is resolved that if the pro- iper clearance can be obtained from the FCC that in order to rid the Poli iisystem from the interference with the Police Department of Prince GeorgeC, se Radio ~ County, i! Maryland , the radios of the Police Department of Chesterfield County be changed to iia new frequency at a cost of approximately $2000.00. ~On motion of Mr. Browning, seconded by Mr. Martin, it is resolved that the present history book of Chesterfield County printed in 1957 be updated and prices obtained on approximately 10,000 copies of these booklets. On motion of Mr. Dietsch, seconded by Mr. Apperson, it is resolved that a Variance ifrom the subdivision ordinance be granted to Mr. B. C. Cobb, to allow the construc- tion of dwellings on Lots 8 and 9 in Wilkinson Terrace, 25 feet from the front prop- erty line in order that the installation of sewer lines in this area can be facili- tated. t r. William Dutcher, Mr. Fred Jurgens, Mr. Curtis Duke and Mr Richa ilbefore the Board in behalf -~ ..... , . . rd Sprouse come Ii , Chesterfield s proposed share of the Park's program. . Upon further consideration of this matter, it is on motion of Mr. Dietsch, seconded~ by Mr. Purdy and Mr. Apperson, resolved that this matter be put to a Referendum in the County of Chesterfield sometime during the first part of 1970. On motion of Mr. Purdy, seconded by Mr. Dietsch, it is resolved that the following street lights be approved for installation: Brookbury Boulevard and Route 10 Central Avenue and Walnut Drive in Enon Osborne Road and Holly Hill Road Austin Road and Sir Peyton Drive And be it further resolved, that the request for lights at Boyd Road in Chester, and at the intersection of Dorsey and Brinkley Roads, be referred to the Light Committee. On motion of Mr. Purdy, sec6nded by Mr. Dietsch, the Board of Supervisors of the County of Chesterfield expresses its concern at the proposed dumping of sewage in the James River by the City of Richmond in connection with improvements to its sewage treatment plant. The Board requests that the State Water Control Board and the City of Richmond do everything possible to eliminate this discharge or at least. minimize the time the sewage will be bypassed. On motion of Mr. Horner, seconded by Mr. Purdy, it is resolved that this Board authO- rizes the Highway Department to extend a culvert for a school bus tur~roundon Rt. 668 and charge same to the 3¢ Road Fund of the County. The matter Of a request for a building permit on the property immediately west of the Bellwood Depot which was zoned previously for industrial purposes with certain limitations is discussed for industrial purposes with certain limitations is dis- cussed by the Board and it is on motion of Mr. Apperson, seconded by Mr. Dietsch, resolved that a building permit be granted for the construction of a cabine~ shop, provided a roadway is dedicated and built to meet the specifications of the Highway Department. The Board recesses for dinner and reconvenes at 7:30 P.M. for a public hearing on the zoning for the proposed airport. 69-64 The Chairman present~ Mr. Vernon Gingell from the consulting firm of Dewberry, Nealon and Davis, who explains the airport project and plays a tape showing that the noise from a comparable airplane at the Manassas Airport simulated to the 3100 foot airstrip in Chesterfield is much lighter than the Highway noise adjacent to it. Mr. Gingell presents Col. Seman who reads comments from people who live near the Manassas Airport in a position to be affected by the noise from said airport. Most of the citizens stated that the airport offered no problems. Mr. Purdy questions Col. Seman as to the number of people contacted and it was stat- ed that the comments were read of all persons contacted, Mr. Charles Gray states that he lives at the end of the Petersburg airport and had no complaint whatsoever concerning the airport. Col. Seman explains statistics on accident rates and states that only 21% of the airplane accidents occur outside of the 5 mile area and only 17% occur inside the 5 mile area of the airport, and that the number of non-occupant fatalities caused by general aviation is infinitesable compared to the non-occupant fatalities of other modes of transportation. Mr. Howard Mayo explains further the location of the project in relation to existing roadways. Whereupon, a number of questions were raised from the audience and answer- ed by Col. Seman and Mr. Mayo. Mr. Hiram Johnson asked about the cemetery on the land presently owned by Mr. Rudolph which is not involved in the present plans for the airport. Mr. Miles questions the possibility of a guarantee against another commercial airport in this ~cinity similar to the Byrd Airport. Col. Plentl, Director of Division of Aeronautics, states that this is a good location for a feeder type airport, that Byrd field does not want small planes and sees no reason to develop another Byrd Airport in Chesterfield. Mr. William Whittle, Federal Aviation Administration, states that the Federal Govern- ment does not force anyone to enlarge and that the only strings attached to the federal money is that the airport must continue to be operated as a public airport, and states that the Board of Supervisors should be commended in planning properly the development of the complete program for an airport. Mr. Gilmer questions Col. Plentl concerning other areas turned down. Mr. Mayo and Col. Plentl cite reasons why other areas were not chosen. Mr. Oliver Rudy presents several people who make statements in opposition to the proposed airport. Mr. George Eley who lives on Rt. 10 in the proposed vicinity of the airport states that this is an ill-advised project which will soon have jet aircraft, creating noise, the extent of which will be unwanted. Mr. G. E. Miles states that the County has already stagnated the area east of Rt.1 so far as residential development and now wants to stagnate the area around the Courthouse, the County does not need an airport, that because Federal and State governments are paying 75% of construction costs, the Board of Supervisors is taking away the prerogative of the people living in a quiet neighborhood. He states he understands that there has been a decision but hopes the Board will re- consider and not rezone the property. Mr. Gilmer speaks On site location and states that 80 to 90% of the people know nothing of the airport plans but most of the people feel that an airport is an in- trusion on their privacy, that there are many old homes and a State Park in this area and that an airport will affect a large number of home owners who came out here to live without an airport and finally requested a study of the noise that would be produced in this area. I Mr. Rudy states that the resale of industrial land makes the Board wish to build an. airport, that by making money on industrial property the County can get the airport ~for nothing; however, people in the area are being disregarded and further that i, the Board is gambling on getting industries into the industrial park and that this ~Icapital money does not have to be spent. ilMr. Rudy presented signatures of over 900 persons on petitions against the airport. '~About 60 people stood in opposition to the rezoning for the airport and about 40 ~ipeople stood in favor of the rezoning. ~Mr. James Henley says that the project is unfair to the citizens, that the Board of i~Supervisors will create a slum. ~tMr. R. N. Coolidge of Bon Air states that he has been a Pilot for 15 years and .'speaks for the rezoning. -Fourteen Pilots stood in favor of the proposed rezoning. '~Mr. Kenneth Barton states that there are 180 Pilots in Chesterfield and speaks for .the project. IiMr. James Blasple speaks for the rezoning, requesting safety measures be taken. iMr Richard Arnold states that the FAA and the State support this kind of airport ~iand certainly there should be one in Chesterfield. .iiMr' Marshall Cole and Mr. Massey speak for the rezoning proposal. i'Mr. Apperson states that there are some legal questions concerning the graveyard, ithat he would like to have more time to study this matter and moves, that it be post- ,~poned to October 8, 1969 so that adequate resolutions can be drawn, which motion was iseconded by Mr. Browning. .A vote being taken - Mr. Apperson and Mr. Browning vote Aye. !iMr. Dietsch, Mr. Purdy and Mr. Martin vote Nay. 'Whereupon, Mr. Apperson moves that the zoning request be denied. ~A vote being taken - Mr. Apperson votes Aye. 'Mr. Dietsch, Mr. Browning, Mr. Purdy, Mr. Martin and Mr. Hornet vote Nay. il Whereupon, Mr. Martin makes a motion, .which was seconded by Mr. Dietsch, resolved ~.that the request of the Board of Supervisors for the rezoning from Agricultural (a), .iResidential (R-l) and Residential (R-2) to Industrial (M) and a Use Permit to ope~ ~rate an airport on a parcel of land containing 873 acres, more or less, fronting ~2220 feet, more or less, on State Route 10 extending northwestwardly to a depth of ii14,310 feet, more or less, having a southwestwardly, northeastwardly depth of 6,850 .!feet, more or less, being located 4,200 feet north of the intersection of Courthouse i!Road (rte. 604) and State Route 10 in Dale Magisterial District. (Refer to Sec. 65 ~ii~par' 19, 35, 36-, Sec. 79 par. 1, 2, 3 & 34~ Sec. 79-7 par. 1, 2, & 3~ Sec. 79-11 par. !I1 & 2), be and it hereby is granted. !Whereupon, Mr. Apperson seeks to amend the motion to provide adequate safeguard for i ingress and egress to the Cemetery and to do everything possible to save the historic ilcedar tree in the vicinity of the cemetery, which anendment was agreed to by the ilmakers of the motion. iA vote being taken - Mr. Browning, Mr. Dietsch, Mr. Purdy, Mr. Martin and Mr. Homer ilvote Aye. ilMr. Apperson votes Nay. On motion of Mr. Purdy, seconded by Mr. Martin, it is resolved that this Board ad- journs at 11:15 P.M. to October 8, 1969, at 9:00 A.M. / ExecutIve Secretary : ii