12-09-1970 Minutes PreSent:
Mr. Irvin G. Horner~ Chairman
Mr. H. O.Browning~ Vice_Chr.
Mr.J. ~ffin Apperson
Mr- F.F.Dietsch
Mr.A.R.Martin
Mr.C.J.Purdy
Mr. Purdy gives the invocation.
VIRGINIA: At a regular meeting of the Board
of Supervisors of Chesterfield County~ held
at the Courthouse on December 9~ 1970 at
9:00 A.M.
Also Present:
Mr. Oliver D.Rudy, Comm. Atty.
Mr. Morris Mason~ Asst. Comm.Atty.
Mr. M.W.Surnett, Exec. Sec,y.
Mr. John E. Longmire,Asst. Exec. Sec,y.
Mr. Robt. A. Painter~ Co. Eng.
Mr. David Welchons, Assr. Co. Eng.
Mr. Charles Quaiff
The Board of Supervisors of Chesterfield County this day approved all claims
presented to the County for the month of November, 1970~ and authorized the
Treasurer of the County to issue warrants as follows:
General County Fund
Vouchers - Check No. 26865~27090
$138~ 722.37
County Library Fund
Vouchers - Check No. 27091 - 27100
4~459.05
Law Library
Vouchers - Check No. 26609-26777, 27010 and 27011
221.50
2~321.88
4~98~,74
Road Fund
Vouchers - Check No. 27012
C°unt¥ Garaqe Fund
Vouchers - Check No. 26611-27108
County Storeroom
Vouchers - Check No. 26618-27109
1~685.30
Workmen's Compensation
Vouchers kCheck No~27110
204.00
Social Services
Vouchers - Check No, 26241-26544 - 27125-27307 -26650-26680
27030-27044 - 26684-26687
County Nursin~ Home
Vouchers - Check No. 26806 - 27023
Ettrick ~eratinq Fund
Vouchers - Check No. 26639 - 27091
58~904,14
15~294.50
12~641.96
.Payroll Deduction
Vouchers - Check No. 26641-27026
260~930.88
Water Revenue
Vouchers - Check No. 3355
Water Operatinq
Vouchers - Check No.3274 - 3339
Water Improvement Fund
Vouchers - Check No. 3182 - 3337
20,70
24;229.53
49~284.82
Water Meter Deposit
Vouchers - Check No. 3218-3354
~ater Meter installation Fund
Vouchers - Check No. 3313-3346
C~entr al Stores
Vouchers - Check No. 3177-3334
R__efund Sewer Revenu~
Voucher - Check No. 3356
Sewer Operatinq Fund
Vouchers - Check No. 32.05 - 3345
~eb% Fund
Vouchers - Check No. 3316
~ewer Improvement; Repl%cement & Extension
Vouchers - Check No. 3181-3313
Sewer Rervice Installation
Vouchers - Check No. 3211-3314
Utilities Workmen,s Compensation
Voucher - Check No. 3199-3292
State Sales Tax
Voucher - Check No. 3226
$330.00
25~273.15
3~040.56
2.62
5,822.79
148~250.00
272,371.75
8~928.36
167.00
97.81
On motion of Mr. Apperson,seconded by ~r.Purdy, it is resolved that the minutes
of November 25 and Dec. 3, 1970~ be~ Md they hereby are approved.
The County Engineer states that his office and the consulting engineers have
assessed liquidated damages against the T.A.Loving Company on contracts S68-1CD,
A and By in the amount of $17~365.14.
Mr. Alred and [~r. Taylor speak for the Company citing dates of contracts signed~
etc.
Mr. Painter~ Mr.Welchons~ ~illiam Cox from J.K, z'
· mmons and A.L.Bridges~ explain
the County's position in this matter.
mt was generally agreed that further negotiations be made in an effort to saiisf~
this claim.
On motion of Mr. Dietsch~seconded by hr. Apperson, it is resolved that the sum
of $450.00 be approved for the purchase of drain tile to be installed near the
intersection of Danzler Battery Road and Walmsley Boulevard by the Highway
Department.
On motion of Mr. Apperson, seconded by Mr. Martin, it is resolved that the
1970-'71 Highway Secondary ~oad Budget in the amount of $1~578~685.00 be and it
hereby is approved.
It is here noted that Mr. Browning does not vote.
There was read a letter and a petition concerning the traffic at Belmont Road and
Chippenham Parkway and it was cited that numerous complaints had been received
concerning not only this intersection but also that of Walmsley Boulebard and
Chippenham Parkway.
Upon consideration whereof, and on motion of Mr. Dietsch, seconded by Mr.Martin~
it is resolved that this Board requests the Highway Department to provide an
interchange on Chippenham to service the traffic of these two intersections.
And be it further resolved, that this Board ~quests the Highway Department to
install traffic lights at {hese two intersections until such time as the traffic
hazards are alleviated,
On motion of Mro Dietsch~ seconded by Mr o Apperson~ it is resolved that the letter
of thanks for the sidewalk on Providence Road be received and filed with ~he Board's
papers o
There was advertised to be discussed at this time and place an ordinance to amend
Chapter 2~ Article 3, by adding thereto Section 2-14 (4) to provide for the dale
of unclaimed or stray dogs to bona fide medical research laboratories.
Mrs. Mary Culley states that such a practice of selling all dogs may cause more
dogs to be killed since they would be available in quantity.
Mrs° Dottie Armstrong raises the question of who passes on the qualifications of
research facilities.
Upon consideration whereof~ and on motion of Mr Apperson,seconded by Mr. Purdy~
it is resolved that further consideration of this ordinance be deferred until
11:00 A.M. on January 13~ 1971.
It is here noted that Mro Martin abstains from voting.
On motion of Mro Apperson,seconded by ~r.Martin~ it is resolved that the following
water contracts be and they hereby are approved:
t W70-34D Briarwood~ Phase III
il $5,651.75
!i W70--38D Meadowdale, Townhouse Park,Sec.1 16,265.00
? On motion of Mr. Martin,seconded by Mr° Purdy, it is resolved that sewer contract
! S70-32D for the installation of sewers in Pocono~ Section "C" be~ and it hereby
I! is approved. ,
~i On motion of Mr. Dietsch,seconded by ~lr Purdy, it is resolved that the following
ii be adopted as a Policy in establishing payments for sewer services:
1.
4e
SEWER INSTALLMENT CONTRACTS AND SEWER SERVICE CHARGES
In the case of sewer installment contracts where the property has not
been physically connected to the sewer and the' contract is delinquent
and all efforts to collect same have been exhaust~d~ the contract shall
be declared in default and the prevailing connection fee shallbe charged
when the propertty is to be connected to the sewer.
In the case of a sewer installment contract where the owner has
connected and does not pay either the monthly installment payment or the
monthly service charge then the contract shall be declared in default and
the County shall seek judgment for the amount due.
In the case of rental properties which are receiving sewer service and
being charged the prevailing monthly ~erVlce charge and the property is
not connected to the County water system~ all charges must be made mn
the name of the owner of the property and shall be held responsible
for the payment of such charges.
In the case where a connection fee is paid in full and the premises
is not connected to the sewer and 'does not have County water service~
if the property is sold and the new owner refuses to pay the monthly
sewer service charger at this time he must either elect to pay the monthly
service charge or agree to pay the difference between the reduced connection
fee and the prevailing connection fee at the time of connection.
On motion of l'~r. Purdy~ seconded by ~'~r. Browning~ it is resolved that contract
D70-3CDS for drainage mmprovement on Old Hundred Road in Chester~ be, and it
hereby is approved with the understanding that additional donations will be
requested from adjacent property owners.
An emergency existing, this resolution shall be and it is hereby declared in full
force and effect immediately upon passage.
On motion of Mr. Dietsch,seconded by Mr. Purdy~ it is resolved that the Common-
wealth's Attorney institute condemnation proceedings against the property owners
listed below if the amounts offered by the County as set out opposite their names
is not accepted:
Project 6511-45/4 Elmer L. Easterling and Vivian B.
Easterling, his wife $100.00
Project 6511-45/5 Daniel F ~rley and Blanche
'
J. Farley, his wife
150.00
Be it further resolved~ that the Executive Secretary notify the said property
owners by registered mail of the intention of the County to enter upon and take
~he property which is to be the subject of the said condemnation proceedings.
fo-sscs
~'~r. Jesse Bostick comes before the Board requesting the rezoning from Agricultural
(A) to General Business (C-2) of a parcel of land of irregular shape fronting
approximately 190 feet on 01d Bermuda Hundred Road (State Rt~. ?38) and extending
northwardly to a depth of approximately 1180 feet, being located east of the
intersection of Loretta Avenue and Old Bermuda Hundred Mad and better known as
13013~ 13017~ and 13101 01d Bermuda Hundred Road~ in Bermuda Magisterial District~.
Refer to Sec. 116-11~(1) Parcel 5.-
There appearing no one in opposition to this request and the Planning Commission
having recommended approval~ it is on motion of Mr, Purdy, seconded by Mr.Apperson,
resolved that the C-2 zoning not be granted but that a Use Permit for an automobile
jUnk yard be granted for a period of three (3) years to Mr. and Mrs. Bostick only,
withall of the restrictions and requirements of a junk yard by law.
70-60CS
Mr. Montel Jones, representing Nancy B.Hite comes before the Board requesting the
~ezoning from Residential (R-2) to General Business (C-2) of a parcel of land of
irregular shape~ containing 8.340 acres fronting approximately 850 feet on the .
east side of the Richmond-Petersburg Turnpike (Rte.l-95)~ having a north-south
depth of 1642 feet~ being located approximately 180 feet southeast of the inter-
section of Willis Road (State Route 613) and the Ri
~n B~rmuda Magisterial District. Refer to Tax M-- ~hmo~-~etersburg Turnpike~
· ~ ~ece~-
mr. Oones cites the Problem of ~-~ ...... , . P. b & 9 (1) Parcel 9-6)
the ingress and egress.
= uu~ng unls par=lcu±ar pieceof land including '
Mr. Myers~ an official of the Econo Tr~vel Motor Hotel describes the operation
of this chain of motels.
Mr. Leo Myers states that people in the area are not in opposition to this request.
Upon consideration whereof, and on motion of *~r. Purdy~seconded by Mt. Browning,
it is resolved that the aforedescribed parcel of land be and it hereby is rezoned
to General Business~C-2~ subject to a suitable buffer being provided along the
east line of the property and that plans and specifications be approved by th~
Planning Director.
The Executive Secretary and Mr. Purdy make statements concerning the Recreation
Program and the need for the coordi~-ation of efforts in this direction.
Upon consideration whereof~ and on motion of Mr. Purdy~seconded by Mr. Browning,
it is resolved that a full-time recreation Director be hired as soon as possible
and that a work program be developed for the approval of this Board.
There was presented a reuuest to pay $504.00 to the Schoo Boar
of the Provide . . . ~ d for the use
~~ · nce Ju~lo~ ~lgh School gymnasium for 28 ni ht~ b
..... ~=~ ~eag~e an~ it as ~e~ ~ ~,- g y the Church
.w__ ¥ .... =n=u unere was no County policy at this time
to take care of such a situation.
Upon consideration whereof~ Mro Apperson makes the following motion:
Be it Resolved, that the sum of $504.00 be paid from the Recreation Fund to the
School Boarr to finance the use of the Providence Junior High gymnasium by the
Church 'Basketball League.
Mr. Apperson and Mr. Purdy vote Aye.
Mr.Martin~r. Dietsch and Mro Browning vote Nay.
Mr. Browning states there should be a County policy to cover such a need as this.
Whereupon~ the motion is not adopted.
70-23UP
The Manchester Volunteer Rescue Squad states in writing that it wishes to withdr~w
its request as listed in this application.
70-43UP
~r. Bernard Eo Nierle comes before the Board requesting a Use Permit to operate
a household occupation on a parcel of land of irregular shape containing approxi-
mately one-half acre fronting 157o84 feet on McCaw Drive and extending northwest-
wardly to a depth of 118o02 feetl being located on the northwest corner of the
intersection of ~cCaw Drive and ithaca Road in Midlothian Magisterial District..
Refer to Sec. 10-2 (4) Blk. C, Lot 1.
Mr. Nierle states that he wishes to prepare pizzas in his home to private orders
and to sell uncooked.
There appearing no one in opposition to this request, it is on motion of Mt.Martin,
seconded by MroBrowning~ resolved that a Use Permit to operate a Pizza business
on the aforedescribed parcel of land be and it hereby is approved for a period of
two (2) years, with the understanding that a Use Permit is granted to Mro Nierle
only, that there be no advertising signs and the operation would be subject to
review at any time by the Board of Supervisors°
70-44UP
Mr. John ThOm~S~ Attorney~ representing Bon Air, Inc.~comes before the Board
requesting a Use Permit to operate a business office on a parcel of land of
triangular shape containing 1.06 acres fronting 371.19 feet on McRae Road and
355 feet on Forest Hill Avenue~ extending nc~thwestwardly to a depth of approxi-
mately 330 feet~ being located to the northwest of the intersection of the afore-
mentioned roads in Midlothian Magisterial District Refer to Sec. 10--2 (1)
parcel 6.
Mr. Thomas states that the applicants Mr. George Smith and Mr. Gregg Huston have
invested rather heavily in skiing equipment and the shutting down of such an
operation would be a severe hardship to the owners.
Mr. Martin states he has had some Complaints from the surrounding neighborhood.
Whereupon, Mr. Smith states that everyone now is satisfied with his operation
and no one is opposed to his continuance.
On motion of Mr. Martin~seconded by Mr. Dietsch~ it is resolved that a Use Permit
to operate a skiing business on the aforedesuribed parcel of land be granted for
ii a period of sixteen (16) months with the understanding that another location in
the County will be sought and this matter be reviewed on June 9, 1971.
ii Mr. Morris Mason and Mr. Mason Chalkley speak for the passage of the following
i Ordinance stating that the passage of same is necessary to eliminate certain
I! ,
It problems in the arrest of violators of the dog laws:
:![ AN ORDINANCE tO amend Chapter 2, Article 3~ Section 2-6 of the Code of
ii the County of Chesterfiele, Virginia, by repealing Section 2-6 thereof and by
~ redrafting and re-ordaining Section 2-6 providing for the arrest of persons
II charged with violations of Chapter 2 of the Co ..
i~ Virginia~ providin~ fur h=~ ~ ...... ~nty Code of Chesterfield County.
!i ' ' .= t ,~uz u-~ mssuanc~ or a summons, and making s wilfui'
vmolatmon 6f a wrmtten promise to answer samd summons a misdemeanor.
BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF SUPERVISORS OF THE COUNTY
OF CHESTERFIELD~ VIRGINIA:
1. That Section 2-6 of Chapter 2, Article 3, the Code of the County of
Chesterfield be repealed and a new section robe known as Section 2-6 is hereby
enacted %oread as follows:
(a).Any person arrested by a dog warden, deputy dog warden or County Police
6fficer for a violation of any provision of this chapter may be committed to jail
pending trial or admitted to bail on recognizance as provided by general lawi
the arresting officer may issue a sUmmons requiring such person to appear for or
trail at a time and place specified'therein before a court having jurisdiction
to try such offenses~ such time shall not, howeverS, be less than five days from
the date of arrest unless such per~on shall request an earlier hearing. Such
Officer shall thereupon and upon the giving by such person of his written promise
to appear at such time and place forthwith release him from custody.
(b) Any person refusing to give such written promise to appear shall be
taken immediately by the arresting or other police officer before the nearest or
most accessible judicial office or other person qualified to admit to bail having
jurisdiction under this chapter.
(c) Any person who wilfully ~iotates his written promise to appear given
in accordance with this section~ shall be guilty of a misdemeanor regardless of
the disposition of, and in addition to, the charge upon which he was originally
arrested, and upon conviction %hereof shall be punished as provided in Section 1-6.'
Upon consideration whereof, and on motion of Mr.Dietsch, seconded by Mr. Martin,
it is resolved that the aforem ntioned ordinance be passed on an emergency basis
On motion of Mr.Martin~seconded by Mr. Dietsch, it is resolved that on the re-
commendation of the County Engineer~ two hundred (200) sewer connections will
be guaranteed on the Powhite trunk sewer to Mr. James E. Covington until
February 15, 1971 at which time the County-will accept h.is prepaid connections
provided one hundred (100) of the connections are billion one (1) year and the
second hundred in two (2) years.
On motion of Mr.Martin~seconded by Mr. Dietsch, it is resolved that on the re-
commendation of the County Engineer 270 sewer connections on Pocoshock Creek
~e commit%ed to the Lake Manor Estate Townhouse Apartments~ provided the off-site
improvements are constructed on a refund basis.
On motion of Mr. Apperson,seconded by Mr. Purdy, it is resolved that this Board
allows Charles Johnson to attend a school for water treatment.
On motion of ~r. Apperson~seconded by Mr. Dietsch~ it is resolved that a i¥liiler
Tilt-Top Trailer be purchased from the Rish Equipment Company who submitted the
low bid of $2586.00~
On motion of Mr. Purdy~seconded by Mt.Browning, it is resolved that the following
resolution be and it hereby is adopted:
WHEREAS, the Chesterfield-Colonial Heights Department of Social
Services was formerly charged by the Board of Supervisors of Chesterfield
with the operation of the Chesterfield County Nursing Home; and
WHEREAS~ the Chesterfield-Colonial Heights Department of Social Services
by resolution duly passed has requested that said Department be relieved of the
operation of said Nursing Home and that said operation be assumed by the Board
of Supervisors of Chesterfield County.
NOW, THEREFORE, BE IT RESOLVED:
(1) That"the Board of Supervisors of Chesterfield County hereby assumes
the responsibility of the operation of the ~esterfield County Nursing H'ome as
of December 15, 1970.
(2) Hereby directs that a Committee composed of M-W.Burnett,Executive
~cretary, John E. Longmire,Assistant Executive Secretary, C.G.Manuel,Director
~ General Servmces and James R. Condr~y, Dmrector of Central Accounting, serve
at the pleasure of the Board of Supervisors to carry out the administration of
all facets of the Chesterfield County Nursing Home under such policies as may
be determined by the Board of Supervisors of Chesterfield County.
(3) Dr. Wagner be consulted on filling top-level jobs.
On motion of Mr. Apperson,seconded by iVlr.Purdy, it is resolved that the Treasurer
of the County beand he hereby is requested to transfer the sum of $474,429.21
received from the ~ty of Richmond on November 23, 1970, as partial payment as
tuition for the year ending June 30, 1970, from the surplus of the School operating
fund to the surplus of the General Fund since the $474t429.21 was a reimbursement-
of the cost incurred in the fiscal year ending JUne 30, 1970.
On motion of Mr. Dietsch,seconded by Mr.Apperson, it is resolved that at the
request of the School Board, dated November 25, 1970t the sum of $1~000~000 is
hereby guaranteed for capital outlay purposes only as specified in the recent
Bond Issue.
There was read a resolution from Charles City County concerning the new Statutes
concerning the Welfare Department, which resolution is filed with the papers of
this Board,
On motion of Mr.Dietsch~seconded by Mr.Mar~in, it is resolved that the following
holiday schedule be and it hereby is adopted for the year 1971:
New Year's Day
Washington,s Birthday
Easter Monday
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Christmas Eve
Christmas Day
January I, 1971
February 15, 1971
April 12, 1971
May 31, 1971
July 5, 1971
September 6, 1971
October 25, 1971
November 26 & 26,1971
December 24, 1971
December 25, 1971
On motion of Mr. Purdy~seconded by i~r.Apperson, it is resolved that the Chairman
and Clerk of this Board, be, and they hereby are authorized to sign the applica-
tion forms for Federal Assistance for Public Works and Facility Type Projects,
in reference to the Swift Creek Water Plant Addition.
On motion of Mr.Apperson,seconded by Mt. Browning, it is reso%ved that this Board
adjourn to Executive Session to consult with County Attorneys.
R econvening:
It is on motion of Mr. Apperson,seconded by Pir. Purdy, resolved that this Board
be adjourned at 7:00 P.M. to 4:00 P.M. on December 16~ 1970.
Chair~[an