04-26-62 MinutesVIrGInIA: At an adjourned meeting of
the Board of Supervisors of Chesterfield
County, held at the Courthouse on
April 26,1962, at 2:00 p.m.
Present:
~'Ir. Irvin G.Horner, Chairman
Mr. H. T. Goyne
Mr. Stanley R.Hague,Jr.
Mr. H.K~ Hagerman
Mr. R.J.Britt on
Ab sent:
Mr. Marshall F. Driskill
Mr. Bernard Sw~nn comes before the Board seeking a Variance on a parcel of land,
lying on the east side of Rt.620, approximately 2100 feet northeast of Rt.1.
Upon consideration whereof, and on motion of Mr. Hague, seconded by Mr. Hagerman,
it is resolved that this Board grant a Variance fro~ the Subdivision Ordinance
and allow the construction of a dwelling on said parcel of land.
62-19. The firm of Homer and Newell reouest the rezoning from agriculture to
Residential-2 on a parcel of land of irregular shape in Manchester
l~agisterial District, fronting approximately 1965 feet on Rt. 360 and
extending northwardly 1000 feet, being 950 feet west of Turner Road
and excluding the 300-ft. depth on Rt. 360 presently zoned General
Commerciai.
There appearing no'one in opposition to this request, it is resolved
on moLion of Mr.Britton, seconded by Mr. Hagerman, that the afore--
described parcel of land beand it hereby is zoned for Residential-2
n~mO S es e
otion of Mr.Hague, seconded by Mr. Britton, it is resolved that this
Board request the Judge of the Circuit Court, the Honorable William Old,
to appoint Mr. George Blankenship and Mr. Landon B.Blankenship as Dog
Wardens, effective Nay l, 1962.
On motion of Mr.Goyne, seconded by ~ir. Britton, Be it Resolved by the Board of
Supervisors of Chesterfield County, Virginia:
That it determines that it is necessary and expedient for the County af
Chesterfield to acquire a sixteen-foot eewer easement over, across and upon~
Lot 7, Block J, Section B, Woodmont Subdivision, as shown on map made by the
Engineering Department of Chesterfield County, Virginia, dated March 5, 1962, for
the purposes of constructing, locating, operating, maintaining, installing, altering,
replacing and repairing sewer mains or underground pipelines under, through, upon
and across the said Lot 7, Block J, Section B, Woodmont Subdivision, o~ned by
Robert W.Bryan and Carol V.Bryan.
.That the County Engineer, on behalf of the Board, has negotiated for the purchase
of said easement with the said landowners and has been unable to acquire same by
purchase, and it is necessary to acquire the property from these non-resident
landowners Who reside at Route 1, Box 154, Odessa, Florida, by exercising the
right of eminent domain.
It is the opinion of the Board that the sum of $300.00 is the fair value of the
easement taken and damages done as a result thereof, and accordingly the Board
doth herewith provide for the taking of such easement as hereinafter set forth.
The ~ursuant to Chapter 382 of the Acts of Ass~embly of Virginia, 1958, the Board
d~es determine tht an emergency exist~ and it is necessary toenter upon and take
possession of the aforesaid lands on the day of 1962, and
proceed with the construction and maintenance of the County sewer facilities.
The Clerk of this Board is directed to notify the above landowners by registered
mail at least thirty {30) days before said date that the County intends to enter
upon and take possession of the said easement on the dayof .1962,
and that the Board will pay the landowners the total amount of $ as
compensation for the easement to be acquired and for damages to landowners'
remaining property by reason of the taking.
BE IT FURTHER rESOLVED , that the Commonwealth's Attorney of this County is authorized
to institute the necessary proceedings on behalf of the County to acquire said
easements by the exercise of the right o~ eminent domain and to represen$ the Board
if the landowners contest the manner of said taking.
FURTHER RESOLVED, the Clerk of this Board is authorized to deposit with the Clerk
of the Circuit Court of this County the sum of $ as set forth above,
being the Board's estimate of the value of the easement taken and damages done,
when requested to do so by the Commonwealth's Attorney.
On motion of Mr. Britton, seconded by ~lr. Pmgue, it is resolved that a wa~er contract
for Keaneland F. arms in the amount of $1375.00 be and it hereby is approved.
On motionof Mr.Britton, seconded by Mr. Hagerman, it is resolved that the Executiwe
Secretary be requested to write to Mr.Jgmes Sowers explaining that the Board
wishes to charge him for the water line in and the constructionof a stub road
in Beaufont Hills. It is here noted that Mr. Goyne does not vote.
Mr. Robert Lux and wife, appeared before the Boar~ requesting a Variance from the
Subdivision Ordinance to allow the construction of a dwelling on a 12-acre parcel
of land fronting on a private road. Upon consideration whereof,and on motion of
Mr. Britton,. seconded by RIr. Goyne, it is resolved that this Board, taking into
consideration the nature of the request, and advising Mr. Lux that constructing a
house fa6ing on a proposed right of way may be a costly error in the future,
approves the request upon the condition that the County will not be requested to
improve the roadway.
And be it further resolved that the Clerk of the Circuit Court be requested to
record said deed.
On motion of Mr. Goyne, seconded by Nit.Hague, it is resolved that this Board grant
a Variance to Mrs. Frances Thompson for the construction of a house on a parcel
of land fronting on Rt. 1129, according to a plat filed with the Board's papers
and provided the Health Department approves the land for percolation.
On motion of R~r.Hague, seconded by ~r.Goyne, it isresolved that this Board accepts
the deed from Otto R.Richter for an extension of Richland Road and authorizes the
Building Inspector ~ to issue a building permit for a building fronting on said road
On motion of R~r. Britton, seconded by Mr.Hagerman, it is resolved that the request
of the Citizens Bank of Chesterfield for certain burglary protection, be, and it
hereby is granted.
On'motion of ~r.Britton, seconded by Mr. Hagerman, it is resolved that this Board
designates the State Planters Bank of Commerce and Trust of Rifhmond, Virginia,
as the' Paying Agent olr both principal of and interest on the bonds in the
CommOnwealth of Virginia and also The First National City Bank in New York in
the State of New York, for the issuance of $750,000.00 Water Revenue Bonds and
$3,070,000,00 Water Revenue Refunding Bonds of the County of Chesterfield, Virgini
according to the resolution passed by the Board of Supervi'sors dated March 22,1962
On motion of Mr.Goyne, seconded by Mr. Britton, it is resolved that this Board
designates the Central National Bank of Richmond, Virginia, as the depository
in which shall be deposited all of the revenues from the water system as set out
in the Board's resolution dated March 22, 1962, authorizing the re-financing of
the outstanding water bonds and the issuing of the additional $750,000.00 in Water
Bond s.
On motion of Mr. Hague, seconded by Mr. Hagerman, it is resolved that the followin~
resolution beadopted:
This day t~ere was p~esented to the Board a bid for $3,070,000.00 W~ter Revenue
Refunding Bonds and $75C,O00 Water Revenue Bonds,~ which bonds are to be dated
April 1, 1962, and are to mature on kpril ~ of each year and bear interest as
follows:
$3,070,000 Water Revenue Refunding Bonds
~0,000 - 1963; $60,000 - 196&; $6.5,000 - 1965;
70,000 1966; $75,0OO - 1967; 911 at the rate of 5%;
.80,000 1968; $80,000 - 1969; $90,000 - 1970;
95,000 1971; $95,000 - 1972~ $100,000 - 1973;
105,000 197~; $110,O00- 1975; $115,000 - 1976;
120,000 1977; $120,000 -1978; $130,000 - 1979;
135,000 - 1950; all to bear interest~at the rate of 3-1/2%.
140,000 1981; i45,000 - 1952; $150,000 - 1983;
155,000 198&; $165,000 - 1985; all to bear interest at the
rate of 3.70%.
175;OOO - 19~6; $ 175,000 - 1987; $180,0OO - 1988;
1OO,000 1989;$ all to bear interest at the rate of 3-1/~%.
750,000 Water Revenue Bonds
10,000 - 1963; $15,000 - 196~; $15,000 - 1965;
15,000 1966; $15,O00 1967; $ -all at the rate of 5%.
20,000 - 1968; $20,000 - 1969; $20,000 - 1970;
20,000 1971; $25,000 - 1972; $25,000 - 1973;
25,000 1974; $25,000 - 1975; $25,000 - 1976;
25,000 1977; $~O,O00 - 1978; $30,000 - 1979;
30,000 1980; All to bear interest at the rate of 3-1/2%.
35,000 - 1981:$35~000 - 1982; $35,000 - 1983;
The bonds shall be non-Callable Prior to April 1, 1967. The bonds maturing on
and after April 1, 1968, shall be callable as a whole on any interest payment
date at 104% of principal until April 1, 1972; at 103% from October 1, 1972 to
April l, 1977; at 102~ from October 1, 1977, to April 1, 1982; and at 101%
thereafter. The bid is sub:ject to the 6ounty furnishing without cost to the
bidder the unqualified approving legai opinion of I~iessrs. Reed, Hoyt, Washburn
amd McCarthy, stating th't these are legally binding obligatiOns of Chesterfield
County, payable solely from the revenues of the Water works system.
The County of Chesterfield, Virginia, covenants ~o maintain rate or rates
sufficient to pay all operation and maintenance charges and to provide monies
for the payment of all principal and interest as it shall become due. The County
shall not sell any additional bonds payable from a pledge of the net revenues of
the waterworks system unless the average of the previous two years net earnings
shall show and provide that the net revenues are sufficient to cover full operation
and maintenance charges, full debt service on existing bonds, and debt service
on any additional bonds and shall have a coverage of
The County will furnish the bidder wihh a statement from ~he County's Consulting
Engineers, R.Stuart Royer and Associates, showing estimate~ number of connections,
estimated gross revenues, estimates operation and maintenance charges for a
period from July 1, 1962 up until July 1, 1990, both inclusive.
The County will pay for the printing of the bond.
NOW, ~fHF~EFORE, BE IT RE~OLYED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY,
VIRGINIA:
The bid submitted by F.W.Oraigie & Co., Richmond,Va.,Phelps, Fenn & Company,
New York and Associates By:F.~.oramg~e & Co.,fo the aforesaid $3,070,000 Water
Revenue Refunding Bonds and $?50,000 Water ~evnue Bonds dated April 1, 1962,
and maturing on April 1 of each year thereafter, and bearing interest in a~cordance
with the bid, is hereby accepted, and the $3,0?0,000.00 Water Revenue Refunding
Bonds and $?50,000.00 Water Revenue Bonds dated April 1, 1962, maturing on April 1
of each year, and 'bearing interest in accordance with the bid is hereby awarded
to F.W.Craigie & Co., Phelps, Fenn & Co., New York and Assoc~tes, By: F,W.
Craigie & Co., which is an ~ffective rate of 3.673~% per centum.
On motion of Mr.Hague, seconded by Mr.Britton, the following resolution is
adopted:
WHEREAS, the Water Revenue Bonds of the County of Chesterfield described
in the form of notice hereinafter set forth, are now outstanding and may be
redeemed at the option of the County at the time and upon the terms stated in
such notice, and the Board of Supervisors desires to provide for the redemption
of said bonds as provided in said notice: Now, Therefore, Be it Resolved,
by the Board of Supervisors of the County of Chesterfield as follows:
(1) The outstanding $1,610,000 Serial Water ReVenue Bonds dated January 1,
1957~ described in said notice, issued pursuant to a resolution adopted by the
Board of Supervisors on March 7, 1957, shall be redeemed on July 1, 1962, at a
redemption price of par and accrued interest to July 1, 1962, and the outstanding
$1,625,O00 Term Water Revenue Bonds dated July 1, 1957, described in said notice,
issued pursuant to a resolution adopted by the Board of Supervisors on March 7,
1957, shall be redeemed on July 1~ 1962, at a redemption price of par and accrued
interest to July 1, 1962, plus a premium, in the case of each bond of each issue
to be redeemed, eeual to the lesser of the following two amounts, viz,: (1)
$40 or {2) $1.25 ~or each six months in the period beginning with such date of
redemption and ending with the period beginning with such date of redemPtion and
ending with the date the bond matures.
(2) Notice of the County's election to redeem said bonds, required to
be published pursuant to said resolution, shall be in the following form:
COUNTY OF CHESTERFIELD~ ~IRGINIA
NOTICE OF REDE~iPTION
$1,~10,000 Serial Water Revenue Bonds
$1,625,000 Term Water Revenue Bonds
NOTICE IS HEREBY GIVEN that, in accordance with the terms of the bonds
hereinafter referred to the County of Chesterfield, a 8ounty of the :iCommonwealth
of Virginia, has determined to redeem and will, on July 1, i962, redeem its out-
standing $1,610,000 Serial Water Revenue Bonds dated January 1, 1957, hereinafter
described, at a redemption pride of par and accrued interest on Julyl, 1962, and
it~has determined to r~de~tand will on July 1, 1962, redeem its outstanding
$1~$625,000 Term Water Revenue Bonds dated July 1, 1957, hereinafter described, at
a redemption price of par and accrued interest to July 1, 1962, plus a premium, in
the case of each bond of each issue to be redeemed, equal to the lesser of the
following two amounts, viz.: {1) $40 or (2) $1.25 ~er each six months in the period
beginning with such date of redemption and ending with the date the bond matures.
Said $1,610,000 Serial Water Revenue Bonds consist of One Thousand Six Hundred and
Ten Bonds of the denomination of $1,000 each, numbered from 16 fo 1625, inclusive,
in the order of their maturity, payable in an installment on July 1 in each year
as follows, viz.: ~15~,000 in each of the years 1963 to 1966, inclusive, $20,000 in
each of the years 1967 and 1968, ~25,000 in each of the years 1969 and 1970,
$30,000 in cache, of the years 1971 to 1973. inclusive, ~35,000 in each of the years
197~ and 1975, ~O,000 in the year 1976, ~50,000 in each of the years 1977 and 1978,
$55,000 in ~each. of the years 1979 and1980, ~60,000 in the year 1981~ $65,000 in
the year 1982, ~70,000 in the year 1983, ~75,000 in the year 198~, ~80,000 in the
i year 1985, $90,000 in.the year 1986, $95,000 in the year 1987, ~1oO,000 in each of the
years'1988 and 1989, ~105,000 in each of t?~e years 1990 and 1992, inclusive,and
bea~ing interest at the rate of 4~ per annum, payable semi,annually on January 1 and
July 1, and ~eing a part of an authorized issue of bonds o~the aggregate principal
amount of ~,O00,OOOo
Said ~1,625,0OO Term ~ater Revenue Bonds consist of one thousand six hundred and
twenty-five bonds of the denomination of ~1,O00 each, numbered from 1 to t625,
inclusive, all payable on July 1, 1997, and bearing interest ~t the rate of
~-1/8~ per annum, payable semi-~nnually on January 1 and July 1, and being a part
of an authorized issue of bonds of the aggregate principal amount of $&,OOO,O00.
The redemption price with respect to each of said bonds will be paid upon presenta-
tion and surrender of such bond at the principal office of The Central National
Bank, in the City of Richmond, Virginia, on the respective redemption date prescribed
for such bond. Each bond s~rrendered, unless it has been registered in accordance
with its terms, must be accompanied by all coupons for interest accruing after the
respective redemption date. Coupons for interest payable on or before the redemption
date may be attached to the bonds for payment, or, if detached from the bonds by
the holders thereof, may be presented for payment in the usual course. Each
.registered bond surrendered must be accompanied by proper instruments o~ assignment
and transfer.
The holder of any of said bonds may, at his option, surrender such bond in advance
of the fe'demPtion date prescribed for such bond and receive therefor the principal
amount of such bond and the unpaid interest which shall have accrued thereon at the
date of such surrender plus the redemption premium which such holder would be entitled
to receive if such bond were surrendered at the respective redemption date prescribed
for su'ch bond; provided, however, this option shall be subject to County's obtaining
the proceeds from the sale of ~3,O70,000 'Nater Refunding Bonds authorized by
resolution of the Board on March 22. 1962.
By order of the Board of Supervisors of
Chesterfield County.
Clerk, of Board of Supervisors
Date 1962.
{3) The Clerk of the Board of Supervisors is hereby authorized and directed
to cause said notice to be published in which is a newspaper
publis'hed in the English language and having a general circulation in the City of
Richmond, Virginia, and in the Bond Buyer, which is a financial newspaper published
in the Borough of Manhattan,City and StaDe of New York. Such publications sh~ll
be made once a week for two successive weeks as soon as maybe practicable after the
adoption of this resolution, and shall alsobe published a second time not less than
30 nor more than 60 days prior to July 1, 1962.
{&} The Clerk of the Board of Supervisors is hereby authorized and directed
to cause a copy of such notice to be mailed, postage prepaid, as soon as may be
practicable after the adoption of this resolution, to the registered owners of
any of said bonds, at their last addresses; if any, appearing upon the register
kept in the office of the County TreasUrer.
On motion of Mr.Goyne, seconded by Mr.Britton, Be it Resolved by the Board of
Supervisors of the County of Chesterfield,as follows:
(1} The County of Chesterfield shall enter into an agreement with The Central
National Bank, reading as follows:
~G}~EEMENT between THE COUNTY OF CHESTE~{FIELD (herein referred to as
"County"), a political subdivision of the Commonwealth of Virginia, and The
Central National Bank (herein referred to as "Bank"), a banking corporation
having its principal office in the City of Richmond, Virginia.
%VHER~S, Serial ~Nater Revenue Bonds and Term Water Revenue Bonds of the
aggregate principal amount of $3,250,000 have been issued by the County and are
now outstanding and consist of the following bonds:
(1) $1,625,OO0 Serial Revenue Bonds, dated January l, 1957,
consisting of one thousand six hundred amd twenty-five
bonds of the denomination of $1,OOO each, numbered from 1
to 1625, inclusive, in theorder of their maturity, bearing
interest from their date at the rate of 4% per annum,
payable semi-annually on January 1 and July 1, constituting
an issue of bonds payable in annual installments on Jul~ 1
i~, each of the years 1962 to 1992, inclusive, as follows:
Year of Maturity Year of Maturity
Mint urit .y I n st allment Mat ur it .y I ns tallment
1962 ~15,000 1978 $50,000
1963 15,000 1979 55,000
1964 15,O00 1980 55,000
1965 15,000 19~ 60,000
1966 15;000 1982 65~000
1967 20;000 1983 70;000
1968 20,000 1984 75;000
1969 25,000 1985 80;000
1970 25;000 1986 90,000
1971 30~o00 1987 95,000
1972 '30;000 1988 lO0;0o0
1973 30,000 1989 100~o00
1974 35,000 1990 105,000
1975 35;000 1991 105,000
1976 405000 1992 105,000
1977 50,000
(2) $1,625,000 Term Water Revenue Bonds, dated ~anuary 1, 1957, consisting' of
one thoudand six hundred and twentY-five bonds o~ the denomination of $1,O00 each,
numbered from i to 1625, inclusive, all payable on July l, 1997, and bearing interest
at the rate of ~-1/8% per annum, payable semi-annually on January i and July i in
eafh year, and
WHEREAS, all of the said Serial Water Revenue Bon~s dated January l, 1957, payable
on or after July 1,1963, and all of the said Term Wa~er Revenue Bonds, dated
Janm ry l, 1957, have been duly call ed for redemption on July l, 1962, on
April 26, 1962, and
WHEREAS, the amount required to pay the principal of all of said bonds either at
their respective stated dates of maturity or at the respective dates fixed for
their redemption, and also the interest which shall have accrued ~thereon at the
time such payment is n~de and the redemption premium, required by the terms of said
bonds to be paid at the redemption of said bonds, amounts to ~ ,,and
WHEREAS, each of said bonds is payable at the principal office of the Bank in
the City of Richmond,Virginia, and the County desires to deposit the last
mentioned sum with the Bank, in trust, robe applied to the payment or redemption
of said bonds and the interest thereon and the payment of s~ch redemption premium;
NOW, THEREFORE, in aonsideration of the mutual covenants herein contained and the
acceptance by the Bank of the trust hereby created, it is hereby covenanted
and agreed as follows:
(1) The County shallpay to the Bank the sum of ~ which shall be
held by the Bank, in trust, and shall be used solely for the purpose of making
the payments authorized by this agreement.~
(2) The Bank shall pay the principal of and interest on the $15,000 Serial
Water ~Revenue Bonds dated January l, 1957, payable on July l, 1962.
(3) The Bank shall pay the principal of the $1,610,OOO Serial Water
Revenue Bonds, dated January l, 1957, which are by their term payable on July 1
in each of the years 1963 to 1992, inclusive, and which have been called for
redemption on July l, 1962 on April 26, 1962, and shall pay the interest which shall
accrue on said bonds on or prior to July 1, 1962 in accordance with the terms of
said bonds and shall also pay to the holder of each such bond so redeemed a
redemption premium which shall beequal to the lesser of the following two amounts,l
viz.: (1)-$40 or (2~$1.25 for each six months in the period beginning with such
date of redemption and ending with the stated date of the maturity of such bond.
(4) The Bank shall pay the principal of the $1,625,O00 Term Water Revenue
Bonds, dated January 1, 1957, which by their terms are payable on July 1, 1997,
and which have been called for redemption on July l, 1962, on April 26, 1962, in
accordance with the terms of said bonds, and shall also pay the interest which
shall accrue on said bonds on or prior to Ju.t-y 1, 1962 in accordance with the
terms of said bonds and shall also pay,to the holder of each such bond so redeemed
a redemption premium in the amount of $40.
(5) Notwithstanding anything contained in the preceding paragraphs of this
agreement, theBank shall pay to the holder of any of the said bonds upon
presentation and surrender of such bond at any time prior to its stated date of
maturity or the date prescribed for its redemption,the principal amount of such
bond and the unpaid interest which shall have been accrued t~reon and the redemption
premium, if any, required to be paid to the holder of such bond is such bond
were redeemed at the date prescribed for its redemption. In the event that any
bond is paid, surrendered and cancelled pursuant to the provisions of the paragraph,
the Bank shall remit to the County, as soon as may bepracticable, the difference
between the amount paid to the holder of such bond so surrendered and canceled
and the amount which would be ~ayable to such holderhad it been surrendered for
payment on its stated date, of maturity or the date prescribed for its redemption,
whichever may be earlier.
(6) After all of such bonds have been paid and surrendered and cancelled,
any moneys deposited pursuant to this agreement and not~xpended for the purpose,
hereinbefore state~, shall be returned to the County as soon as may be practicable.
a~used this agree~ment to be signed
to be hereunto affixed a t ~h~ ~ P sors~a~n~ its corporate seal
nd at a d b th ·
..... Y ~ Clerk of sala Soard and the Bank has
caused this agreement tobe signed in its corporate name by its
and its corporate seal to be hereunto fixed and attacted by its all as of
the _day cf ~1962.
A'iTEST:
C1 erk
COUNTY OF CEEOTERFI~D
By.
Chairman
The CENTRAL NATIONaLBANK
BY
(2) The Chairman of the Bo.~rd of Supervisors is hereby authorized and
directed to execute said agreement on behalf of the County of Chesterfield and the
Clerk of the Board of Supervisors is hereby authorized and directed to affix
thereto the Coun6y's seal.
(3) The County Treasurer is hereby authorized and directed to pay to The
Central National Bank the sum of $3,~70,000 from mane s rais
of $3,070,000 Water Revenue R ,,~ ~ _ Y . ~ ~ed~by the issuance
authorized b- a ~ s ~ ~ ~ef ....... ~ ~onds of the County ~a~ea April 1 1 62
y e o±u~ion ago ted b th B . , 9 ,
P y e oard of Supervisors on March 22, 1962,
and from other funds of the County or held by the Bank lawfully available to make
such payment, such sum tobe held by The Central National Bank pursuant to and in
accordance with said agreement.
On motion of Mr.Britton, seconded by ~rjHagerman, it is resolved that this Board
pay the sum of $172,O0 to the Bon Air Fire Department to finance a trip to
Lancing, Michigan, to obtain a new fire truck.
On motion of Mr.Hagerman, seconded by Mr. Britton, it is resolved that the Purchasing
Agent be authoriz ed to purchase a new engine for the John Beane Fire truck for
the Midlothian Fire Department.
On motion of Mr.Britton, seconded by Mr.Goyne, it is resolved that the audit of t~e
County Court beand it hereby is received and filed with theBoard's papers.
On motion of ~ir. Goyne, seconded by Mr. Hague, it is resolved that the Executive
Secretary be requested to write a letter of commendation to the Judge and Clerk
of the County Court.
On motion of.Mr.Hagerman, seconded by Mr. Goyne, it is resolved that a Variance
requested by Mt.James McDaniel be postponed until Mr. McDaniel comes before the
Board and explains the necessity for such a Variance.
On motio~ of Mr. Goyne, seconded by Mr.Britton, it is resolved that the School
Boa~..d~s request, by resolution, and other communications requesting the transfer
od $175,000 from the unappropriated surplus of the General Fund to the School~
Construction Fund-19C, be and it hereby is approved, with the provisions that
if the $10,000,000 Bond Issue is successful, ~he said amount will be transferred
from the School Construction Fund to the GeneraI Fund.
And beit further resolved, ~hhat the Treasurer of the County be and he hereby is
requested to transfer $175,000 from the General Fund of the County to Item 19C
in the School Budget.
On motion of Mr. Britton, seconded by R~r.Hague~ it is resolved that the following
amendment to the Zoning Ordinance be and it hereby is adopted:
AN ORDINANCE, to amendthe Code of the County of hesterfzeld, Virginia,
C ·
Chapter 17, Section 17-20 thereof, defining the powers of the Board of
Zoning Appeals.
BE IT ORDAINED BY THE ~OARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD,
VIRGt NIA:
1. That Chapter 17 of the Code of the County of Chesterfield, Section
17-20 thereof, be amended and re-enacted as follows:
Sec. 17-20. Same ..... Powers, as amended.
The Board of Zoning Appeals shall ha~e the following powers:
Interpretation: (A) To hear and decide appeals fr~om any order, requirement,
decision or determination made by the Executive oecretary or an administrative
officer in the enforcement of this chapter, when it is alle~e~'i that there
is error in the interpretation of any provision of this chapter.
(b) On its own motion to interpret any provision of this chapter which
may be in doubt. ·
(c} On appeal or on its own moti'on"tO 'd~te~mine '~e~ls-¢atys'h"-'S-f aH~ ~is{r{%t' ' '
boundary line shown on the Zoning Map of Chesterfield County adopted as part of
this Chap%er when such location is in doubt.
Use Permits. (a) To hear and decide applications for use permits for such
special uses, as are authorized herein, and for the renewal thereof, except such
use permits the issuance of which is vested in the Board of Supervisors. In
considering an application for a Use permit, theBoard shall give due regard to the
nature and condition of all adjacent uses and structures, and the probable effect
upon them of the proposed use. It shall also take into account the special
characteristics, design, location, construction, met?.od of operation, effect on
traffic conditions, or any other aspects of the particular use or structure, that may
be proposed by the applicant. If it should find, afterthe hearing, that the proposed
establishment or use will not adversely affect the health, safety~ or welfare of
persons residing or working on the premises or in the neighborhood, w-ill not un-
reasonaby impair or adeauate supply of light and air to 'adjacent property, nor
increase congestion in the street, nor increase public danger from fire or otherwise
unreasonably affect public safety, nor impair the character ofthe district or
adjacent districts, nor be incompatible with the general purposes and objectives
of any official Land Use Plan of Chesterfield County, nor' be likely to reduce or
impair the value of buildings or property in surrounding areas,but that such
establishment or use willbe in substantial accordance with %he general purpose and
objectives of this Ordinance, the Board shall grant the use permit. In those
instances where the Board fin~s that the propesed use may be likely to have an
adverse effect as above, the Board shall determine whether such effect can be
avoided by the imposition of any special requirements or conditions with respect
to location, design, construction, equipment, maintenance, or operation, in addition
~o those expressly stipulated in t~is Ordinance, for the particular class of use.
If such determination be in the affirmative, the Board shall impose such requirements
or conditions, and if these are accepted by the applicant the Board shall grant the
use permit; otherwise, the per, nit shall be denied. The Board may reauire
satisfactory evidence and guarantee or bond that the conditions stipulated will be
and will continue to be complied with. Any use permit may be authorized and issued
for either a limited or an indefinite period of time and shall be revocable by
the Board at 'any time for failure to adhere to the applicable conditions. Before
revoking any suEh permit, however, the Boara shallafford the permit holder an
opportunity robe heard, givir~ him at least 5 days written notice of the time and
place of such hearing, served as prescribed by law. Construction or operation
shall be commenced within one year of the date of issuance of a use permit, or it
shall become void.
(b) When a lot is divided by a district boundary, to grant a Use Permit for
the extension of a use or building situated on the portion of such lot which
lies in the less restricted district, into the more restricted district, but
only on tbesame lot as it existed at the time of the passage of this Chapter,
and not more than25 feet beyond the dividing line between the two districts;
subject to all the regulations of the less restricted district.
(c) To grant an ~pplication for a use permit for a temporary use, building,
or trailer, or trailer, for residential, commercial or industrial purposes, in a
district or situation in which such use or building is not p~rmitted under the
'district regulations, when such use or building is incidental and accessory to
the cons%ruction of a building or of Fuolic works on th~ same lot or on adjacent
lan d.
(d) To grant an application, in a specific case, for a use permit extending
the period of time for continuation of a non-conforming b~ilding or use beyond
the limit hereinbefore specified for the parficular class of buildings or uses,
where in the judgment of the Board it would be an exceptional and unnecessary
hardship for the. o~aner to comply with such limit and no public henefit would
result, and where such continuation ~ould provide a valuable or convenient service
to the public and otherwise serve the public interest and the purposes of this
Chapter. Any such extension shall be for a limited period of time not exceeding
ten years, and may be subject to appropriate conditions.
An emergency existing, this Ordinance shall be in full force and effect upon
its pa ssage.
On motion of Mt.Hague, seconded sy Mr. Goyne, it is resolved that the f~egoing
amendment to the Zoning Ordinance be advertised according to law.
On motion of Mr.Hagerman, seconded by Mr. Hague, it is resolved that the minutes
of March 14, 22 andApril 11, be and they hereby are approved.
On motion of Mr. Goyne, seconded by Mr. Hague, it is resolved that Mr. William
Shelton, Clerk of Circuit Court, be and he hereby is authorised to sign all
checks against any fund of the County in the absence of the Executive Secretary.
On motion of Mr. Hague, seconded by )~r.Britton, it is resolved that the County
Engineer be and he hereby is authorized to convert the billing machine in the
Water Department to provide additional service at a cos~ not to exceed $&OO.O0.
On motion of Mr. Goyne, seconded by Mr. Britton, it is resolved that the name of
Rt. 61~ be established as the Coach Road.
On motion of Mt. Hague, seconded by Mr.Britton, it is resolved that, subject to
the availability of ~unds in the Water De~rtment the Purchasing Agent is
authorized to purchase a Graphotype for the Water Department at an approximate
price of $2675.75.
On motion of Mr. Hague, seconded by Mr.Britton, it is resolved that the County
Engineer be and he hereby is authorized to pay the firm of R.Stuart Royer &
Associ~es for work aone on the sewer system on a monthly basis according to a
proposal made by said County in a letter dated April 16, 1962.
On motion of )]r.Britton, seconded by Mr.Goyne, it is resolved that this Board waive
the fee for the zoning request of the Chesterfield Baptist Church for a burial
ground.
On motion of )~r. Hague, seconded by Mr. Britton, it is resolved that this Board
recess for dinner - Reconvening:
On motion of Mr. Goyne, seconded by Mr. Britton, it is resolved that the pay of the
officials of the Electoral Board be and it hereby is established at $22.50 per day.
On motion of Mt.Hague, seconded by ~4r.Goyne, it is resolved that beginning July l,
1962, the pay for the m~mbers of the Welfare Board be and it hereby is established
at $300.00 per year.
It is here noted that Mr. Horner votes "No".
On motion of Mr.Britton, seconded by Mr. Hague~ it is resolved that Mr. Gordon
Bennett State Auditor of Public Accounts,be and he hereby is requested to
audit t~e books of Chesterfield Co6nty for the fiscal year 1961-'62.
On motion~ the meeting is adjourned to May 9, 1962, at 9:00 a.m.
~~'g~ary