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01-14-1970 MinutesVIRGINIA: At a regular meeting of the Board of Supervisors of £hesterfield County, held at the Courthouse on January 14, 1970 at 9:00 A.M. Present: Mr. Irvin G. Homer, Chairman Mr. H. O. Browning~Vice-Chr. Mr. J. Ruffin Apperson Mr. F. F. Dietsch Mr. A. R. Martin Mr. C. J. Purdy Also Present: Mr. Oliver D. Rudy, Comm. Atty. Mr. M. W. Burnett, Exec. Sec'y. Mr. John E. Longmire,Asst.Exec. Sec,y. Mr. Robt. A.Painter, Co. Eng. Mr. Howard A. Mayo,Jro Co. Planner Mr. Burnett gives the invocation. The Board of Supervisors of Chesterfield County this day approved all claims presented to the County for the month of December, 1969, and authorized the Treasurer of the County to issue warrants as follows: General Fund: Vouchers - Check No. 19639 - 20203 $276,738.88 County Library: Vouchers - Check No. 19731 - 20204 5~629.5~6 Law Library: Vouchers - Check No. 19739-20180 I10.50 Road ~nd - 3¢: Voucher - 'Check No. 20205 Street and Road Sign Fund: Vouchers - Check No. 19740 - 20181 County Garage Fund: Vouchers - Check No. 19742-20184 .County S~oreroom Fund: Vouchers - Check No. 19749-20190 1,844.07 469.04 8~581.88 843.79 Workman's Compensation Vouchers - Check N .19886-19887 Recreation Fund: Vouchers - Check No. 19752-20177 1,793.00 234.01 County Nursing Home: Vouchers - Check NO. 19755 - 20206 Ettrick .Operating Fund: Vouchers -19756 - 20207 Payroll Deduction: Vouchers - Check No. 19758 - 20211 Water Revenue Fund: Vouchers -- Check No. 28 - 54 602.91 471.45 61,205.90 110.84 Vouchers - Check No. 1-172 $21~369.31 Water Improvement: Vouchers -Check No. 13-160 County Water Construction: Vouchers - Check 34 - 145 Water Meter Deposit: Vou!~hers - Check No. 55-1'37 Water Meter Installation Fund: Vouchers - Check No. 10-140 Central Stores: Vouchers - Check No. 3~6~7~11~16~30,41, 80 82~ 87, 92~ 97, 104~ 165~ 161~169 213,012.09 103.10 645.00 21,436.80 5,416.42 Refund Of Sewer Revenue: Vouchers - Check No. 49 and 50 2.13 Sewer Operatinq Fund: Voucher- Check 18-171 4,715.74 Sewer Construction Advertisinq: Vouchers - Check NO. 173 3~827.22 Sewer Service Installation: Vouchers - Check No. 9~14~22,34~35,36~37~64 & 141 1~351.23 Sewer Bond Construction: Vouchers - Check No.12~174 428,693.72 States Sales Tax Fund: Vouchers - Check No. 79 32.26 On motion of Mr. Apperson, seconded by Mr. Purdy, it is resolved that the minutes of December 23,1969, and January 5, 1970, be, and they hereby are approved. The County Engineer presented a plan for making County water available to the State Convict Camp on Rt. 604 which would of necessity involve some assistance from the State of Virginia. On motion of Mr. Apperson, seconded by Mr. Purdy,it is resolved that the County Engineer be authorized to negotiate with the State provided the County gets at least $50,000 towards the cost of this project. On motion of Mr. Dietsch, seconded by Mr. Apperson, it is resolved that the Lara- more Construction Company be charged no liquidated damages on Contract 6511-58 on the recommendation of the County Engineer and Consulting Engineers. On motion of Mr. Dietsch, seconded by Mr. Purdy, it is resolved that contract S69- 36D which contract is within the annexed area be and the same is hereby cancelled. On motion of Mr. Browning, seconded by Mr. Purdy, it is resolved that due to the emergency of continuing the construction on Project C-642/1 that the Right of Way Engineer be authorized to offer the following named people the stated amounts and if a satisfactory arrangement cannot be agreed upon, that condemnation be authorized: Project C-642/1 W. E. Westbrook & Ella Mae Westbrook Project C-642/2 Addison G. and Marie A. Herring Project C-642/4 Fred W. and Shirley A. Allen $130.00 150.00 25.00 On motion of Mr. Apperson, seconded by Mr. Browning, it is resolved that the Fire Chief of the County be allowed to give hid recommendations on the location of fire hydrants on future water extensions. Mr. Albert W. Balko, 421 BufOrd Road, comes before the Board in behalf of a delega- tion appearing in opposition to the widening and improvement of Buford Road and "states that at a public hearing on August 27, 1969, that the project was opposed overwhelmingly ye~ the Board of Supervisors addressed a resolution to the Highway Department in December of 1969 requesting the Highway Department to improve Buford Road. Mr. Balko presented a petition signed by 167 people against the improvement of this road. Mr. Martin points out the many reasons for improving the road. Mr. Eugene Hart, Mr. Sam W~gstaff. Mr Hart Akers. Ia~]~ =~ u~ ~ ...... .~ · Y . Mr. Jones Lawson. Mr. J. M. ..=r-X~=.~ .... -.~. oonn mocglns, speak against the nroDosed w~~ ' !,mr. Martin states that he is convinced that the Qor~ is-n~-~hat the arguments Ifor improvement outweigh the arguments heard here t ' ~ oday. Mr. Apperson makes the following motion, which was se liRes . . conded by ~r, Dletsch: Be ~t ~ . olved, that th~s Board recommends to the Hi hwa De artme · lng Buford Road until the dual lane of Rt. 150gandYthePbridc~ ~o~la~ of ~mpr~v Rt. 60 are completed to ascertain the effect of +~o~ ~ .... 1 .... ~j. ~60~d tpattern of Buford Road ~,.=o= ~p~ov~menns on the traii1c iiAnd Be it Further Resoived, that the former resolution of this Board be rescind ;i ed. ilMr. Martin speaks in opposition to this motion iA vote being taken - Mr. Apperson and Mr. Dietsch vote Aye IMr. Martin and Mr. Purdy Vote Nay Mr.. Browning abstains from voting stating he wants to hear both sides of the argu- ment. ' Mrs. Kelley states that she would like very much to meet with the people who are in favor of improving Buford Road. Whereupon, Mr. Apperson and Mr. Dietsch withdraw the original motion. Mrs. Lucille Franklin states that she admits there are bad shoulders on Buford Road "but the matter should be deferred for further consideration· i pon consideration whereof, and on motion of Mr. Apperson. seconded b Mr. Dietsc~, I it is resolved that this Board requests the Highway Department to hol~ Ithe resolution passed in December, 1969, asking for the improvement of in abeyance Buford Road. On motion of Mr. Dietsch, seconded by Mr. Apperson, it is resolved that a meeting be set at the Bon Air Elementary School on January 28 1970 at 8:00 P.M. for anoth- er public hearing on this proposal. ' ' On motion of Mr. Purdy, seconded by Mr. Dietsch, it is resolved that this Board re- commends to the Highway Department that the speed limit on Parker Lane be reduced to 25 mph. On motion of Mr. Purdy, seconded by Mr. Apperson, it is resolved that this Board abandons the right of way of Old Rt. 619, leading northeastwardly from Rt. 618 and connecting to the new Rt. 619 which property is presently owned by Mr. G Dallas Coons. ' · On motion of Mr. Apperson, seconded by Mr. Browning, the following Ordinance is adopted: AN ORDINANCE to vacate the present location of Brambleton ROad, as ~own ~in the subdivision of Jessup Farms, Section B, plat of which is made by Phillip H. Brooks, dated May 15, 1964, and recorded in the Clerk's Office of the Circuit Court of Chesterfield County, in Plat Book 14, page 7, and to relocate said Brambleton Road,said road to be vacated being more particularly shown, as outlined in red, and~ the relocation of said road is also shown on plat of J, K. Timmons & Associates dated December 5, 1969, a copy of which is attached hereto and made a part hereof. WHEREAS, Beechwood, Incorporated, Hassell O. Jessup and Mary I. Jessup have petitioned the Board of Supervisors of Chesterfield County, Virginia, to vacate Brambleton Road in the subdivision of Jessup Farms, Section B, plat of which is made by Phillip H. Brooks, dated May 15, 1964, and recorded in Plat Book 14, page 7, in ~ the Clerk's Office of the Circuit Cotrt of Chesterfield County, Virginia, said road being more particularly shown, as outlined in red, on plat of J. K. Timmons & Associates, dated December 5, 1969, a copy of which is attached hereto and made a part hereof, and at the same time relocate said Brambleton Road, dedicate said relo- cated road and also to dedicate 90 feet of Nilew Road by extending same southwardly by that distance. A notice of the adoption of such ordinance has been given in accordance 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 of 1950, as amended, that Branbleton Road, as shown on plat of Jessup Farms, Section B, afore- said be vacated and that it be relocated as shown on plat of J. K. Tim/nons & Associates aforesaid. 2) That Brambleton Road, as relocated, and Niles Road extended, are here- by dedicated for use in the place of Brambleton Road as shown on the Plan of Jessup: Farms, Section B. 3) That this Ordinance shall be in full force and effect in accordance with Section 15.1-482 of the Code of Virginia of 1950, as amended. A certified copy thereof shall be recorded in the Clerk's Office of the Circuit Court o'f Chesterfiet~ County, Virginia. On motion of Mr. Dietsch, seconded by Mr. Apperson, it is resolved that the game claim of Mr. W. H. Pointer in the amount of $50.00 be and it hereby is approved for payment. It is here noted that Mr. Purdy votes Nay. On motion of Mr. Apperson, seconded by Mr. Purdy, it is resolved that erroneous tax claims be and they hereby are approved for payment: R. W. Parham C. Willard Norwood Murray C. Viar Marshall W. Cole, Jr. Marshall W. Cole, Jr. Marshall W. Cole, Jr. Marco Machinery & Design Marco Machinery & Design Marshall W. Cole, Jr. First and second half of 1968 First half of 1969 Refund on camping trailer 1967 Personal Property 1967 Personal Property 1967 Personal Property 1968 Personal Property 1968 Personal Property 1968 Personal Property filed incorrectly $3.26 8.68 2.25 175.96 7.04 30.08 457.02 5.44 15.64 On motion of Mr. Dietsch, seconded by Mr. Purdy, it is resolved that the County pay the sum of $3700.00 as its share for the last half of the present fiscal year in the operation of the Capital Region Park Authority. On motion of Mr. Browning, seconded by Mr. Apperson, it zs resolved that the Execu- tive Secretary be authorized to sign a contract with Professional Data Services Inc. for the collection of delinquent'Personal Property taxes. ' There was read a letter from the Supervisor of Commodity Distributmon seeking the County's assistance in establishing a commodity Distribution Program. It was generally agreed that the Executive Secretary answer this letter stating the County's position. On motion of Mr. Browning, seconded by Mr. Apperson, it is resolved that the follow- ing named people be appointed to serve as the County's Accident-Review Board: Raymond Powers John Eversole C. G. Manuel Lynn Newcomb Lt. J. A. Simmons On motion of Mr. Apperson, seconded by Mr. Brownmng, it ms resolved that the request of Mr. J. T. Rose to send Otis L. Gooding, Jr., Real Estate Appramser, to attend a short appraisal course at the Vanderbilt University be and it hereby is approved. There was presented to the Board of Supervisors a proposed amendment to the County'S Zoning Ordinance which would provide for the construction of Town Houses. Upon consideration whereof, and on motion of Mr. Apperson, seconded by Mr. Dietsch, it is resolved that this proposed ordinance be sent to the Planning Commission for its recommendations. Mr. Purdy states that we should pass the entire new Zoning Ordinance as a whole. 69-84 Mr. Purdy absents himself from the Board since this is a request of his Company. Mr. John Daffron, Atty. comes before the Board representing the Purdy Timber CompanF requesting the rezoning from Agricultural to General Business (C-2) of a parcel of land of rectangular shape fronting 324.42 feet on Rte. 10 extending southwardly to a depth of 500 feet on the west property line and 420 feet on the east and being located 200 feet, more or less, west of the intersection of Rte. 10 and West Booker Blvd. in Dale Magisterial District. Refer to Sec. 114-11 (1) part of par. 1. Mr. Daffron s~tes that he is not aware of any opposition, and the Planning Commission having recommended approval, it is on motion of Mr. Apperson, seconded by Mr. Dietsi ch, resolved that the aforedescribed parcel of land be and it hereby ls rezoned to General Business C-2. 69-89 Mr. John Moore, Attorney, representing Mr. James E. Jordan comes before the Board requesting the rezoning from Agricultural to General Business (C-2) of a 3.77 acre parcel of land of rectangular shape fronting 315 feet on Midlothian Turnpike (Rte. 60) extending northwardly to a depth of 525 feet, and being located 900 feet, more or less east of the intersection of Rte. 60 and Research Road in Midlothian Magis- terial District. Refer to Sec. 17-6 & 10 (1) parcel 2. Mr. Moore states that he is not aware.of any opposition to this request and the Planning Commission having recommended approval, it is on motion of Mr. Martin, se- conded by Mr. Dietsch, resolved that the aforedescribed parcel of land be and it hereby is rezoned to General Business C-2 with the provision that the site layout, landscaping and plans be approved by the Planning Director. 69-91 , Drs. W. E. Kilbourne and Joseph Hillier come before the Board requesting the rezon- ! lng from Residential-2 to Local Business (C-i) of a parcel of land of irregular shape fronting 75 feet on West Hundred Road (Rte.10) extending southeastwardly to a depth of 246.52 feet and being located 238 feet, more or less, west of the intersec- tion of Rte. 10 and Buckingham Street in Bermuda Magisterial District. Refer to Sec. 115-10 (1) parcel 27 and part of par. 27A. There appearang no one in opposition to this request and the Planning Commission having recommended approval, it is on motion of Mr. Purdy, seconded by Mr. Browning., resolved that the aforedescribed parcel of land be and it hereby is rezoned to Local Business-C_l, provided the site layout, landscaping and plans be approved by the !~Planning Director. 67-92 On motion of Mr. Dietsch, seconded by Mr. Apperson, it is resolved that the rezoning application of Mrs. Doris Hooper be and it hereby is dismissed from further con- ii sideration. Mr. Grisby Ferneyhough, representing the Schneider,s Disposal Service, Inc., comes before the Board requesting a Use Permit for the operation of a sanitary landfill on a 30-acre parcel of land of irregular shape having an east-westwardly width of ?00 feet, more or less, and a north-southwardly depth of 1800 feet, more or less, and being situated 2400 feet, more or less, east of the intersection of the Rich- mond-Petersburg Turnpike (I-95) and Osborne Road (Rte. 616) in Bermuda Magisterial District. Refer to Sec. 98-12 & 16~ Sec. 99, parcel 5. Mr. Ferneyhough states there is no problem of right of way to the subject property. Mr. E. L. Schneider states that the landfill will be for his Company's use only. Mr. Max Spencer of the County Health. Department states there is some question con- cerning the protection of ground water and the County has no method now of surveil- lance of another landfill. Mr. Ferneyhough states that his client will dig the well for the existing dwelling if the water became contaminated., Mr. W. B. F. Johnson, representing Mrs. Sinclair, the owner of 109-acres adjacent to the subject property states that this is the best industrial site in the area and opposes a landfill. Mr. John Hogan, owner of the property to the west states that his family granted a right of way to the Richmond Sand and Gravel Company by easement which was given to the Southern Materials and there is no access to the subject property except by easement. Mr. Schneider explains the difference between a dump and a sanitary landfill that what he is contemplating will enhance the land in the area. ' Whereupon, Mr. Purdy makes a motion to deny the request, saying that the County can- not police the property, that it will be detrimental to adjacent property and that the County can provide space for a landfill which motion was withdrawn after some discussion. ' On motion of Mr. Apperson, seconded by Mr. Browning, it is resolved that this matter be deferred for a site study and again considered on February ll, 1970, at 2:30 P.M, 70-2U. Mr. and Mrs. Richard Theisen come before the Board requesting a Use Permit to ope- rate a real estate office on a parcel of land of irregular shape fronting 150 feet, more or less, on Southam Drive and 150 feet, more or less, on Brown Road and being situated on the northeast corner of said intersection~ better known as 900 Southam Drive in Manchester Magisterial District. Refer to Sec. 18-8 (4) Blk. Hr lot 18. Mr. Theisen states that the Southam Civic Association has approved the concept of the Use Permit which would allow a small real estate business in his home, that the Real Estate Board requires an advertising sign unless the zoning laws prohibit same~ Mr. R. M. Creasy, representing the Civic Association, affirms the action of said organization~ however, he states that they do oppose any signs in the area. Mr. Doug Moore states that he would like a time limit on the business use of this property. Upon consideration whereof, and on motion of Mr. Dietsch, seconded by Mr. Browning, it is resolved that a Use Permit to operate a real estate office on the aforedescrib- ed property be granted to Mr. and Mrs. Richard R. Theisen only, provided further that there be no signs nor changes in structures. 70-3U. Mrs. Mary F. Worrell comes before the Board requesting a Use Permit to operate a beauty shop in her home on a parcel of land of rectangular shape fronting 218.56 feet on Winterpock Road (Rte. 621) extending eastwardly to a depth of 398.60 feet and being situated between Rte. 621 and Rte. 661, approximately 780 feet, north of said southern intersection in Clover Hill Magisterial District. Refer to .Sec. 91 parcel 6-1. Mrs. Worrelt states that she expects to make no alterations at this time to her home. There appearing no one in opposition to this request, it is on motion of Mr. Apper- son, seconded by Mr. Browning, resolved that a Use Permit be given to Mrs. Worrell to operate a beauty shop in her home on the above described parcel of land with the understanding that a Use Permit be issued to the applicant only. 70-4U It was cited that the case of Mr. R. C City of Richmond. Dunnavant was now in the area annexed by the !On motion of Mr. Apperson, seconded by' Mr. Purdy, it is resolved that the Purchasing Agent be authorized to purchase approximately six (6) signs for the Nursing Home costing approximately $375.00. ' . WHEREAS, it is the opinion of the Board of Supervisors of Chesterfield County ~'.that said County should be redistricted as soon as possible~ NOW, THEREFORE, BE IT RESOLVED, on motion of Mr. Dietsch, seconded by Mr. Apperson, ~,that the Executive Secretary and Commonwealth's Attorney be hereby directed to pre- i pare as soon as it can be accomplished a sketch of a petition for redistrictinq lwhich will accomplish equal apportionment among the magisterial districts of t~e County, to be considered by this Board for presentation to the Chesterfield County i!Circuit Court by formal resolution. i:On motion of Mr. Browning, seconded by Mr. Apperson, it is resolved that this Board ii requests the Commonwealth,s Attorney to secure the rules whereby County prisoners ~may be used on County projects. liOn motion of Mr. Dietsch, seconded by Mr. Apperson, it is resolved that tI~e Executive Secretary is directed to write to Senator Lloyd C. Bird and Delegates Fred Gray and . George W. Jones, requesting that a Bill be introduced for consideration by the ii General Assembly to provide for at least a tax moratorium for the annexed area to ?the extent that the County's assessment for 1969 be used for the year 1970 by the I City of Richmond and if possible a graduated tax be imposed for a period of five ii (5) years to bring the tax in the annexed area on equal b~sis with the rest of the i!City of Richmond. ilOn motion of Mr. Apperson, seconded by Mr. Browning, it is resolved that this Board !irequests the Commonwealth,s Attorney to give his opinion, in writing, concerning the i'legality of Board, Commission and Committee members serving the County of Chester- ii field and residing in the City of Richmond. iiOn motion of Mr. Purdy, seconded by Mr. Dietsch, it is resolved that this Board ad- journs at 4:30 P.M. until 2:00 P.M. on January 28, 1970. Exedutive Secretary