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06-28-62 MinutesVIRGINIA: At an adjourned m~tihg of th~ Board of Supervisors of Chesterfield County, held at the Courthouse on June 2~8, 1962, at 2:00 p.~. Present: Mr. IrvinG. Homer, Chairman Mr. H. T. Goyne Mr. R.J.Britton Mr. Stanley R.Hague, Jr. Mr. H.K.hagerman~ Absent: Mr. Marshall F.Driskill Mr. McDaniel cmmes before the Board in behalf of Mr.W.L. McGinnis, seeking a Variance from the Subdivision Ordinance to allow the construction of a house on an unimproved p~rcel of land at the intersection of Woodpecker Road and Old Town Creek. Mr. M~cDaniel presents plans for the development of the property which plans were approved by the County Planning Commission. Upon consideration whereof, and on motion of Mr.Hagerman, seconded by Mr.Britton, it is resolved that the B~ilding Inspector be authorized to issue a building permit for the construction of a dwelling on the land that would be called Lot 10 of the proposed Subdivision, provided the County is not ~requested to construct any roadways and no ~uture houses will be allowed on this land until the proposed streets are constru~ ted. Mr.Hardawate Marks, Attorney, comes before the Board in behalf of Mr. Sam Avent, seeking a Variance to allow the construction of a dwelling fronting on a dedicated 50-ft. road, running northwardly from the Point O'Rocks tothe old home place of the Avent family. Upon consideration whereof, and on motion of Mr.Goyne, seconded by Mr. Britton, it is resolved that this request be approved, subject to the presentation of a letter stating that Mr. Avent will pay his proportionate share, in the construction of this road when same is deemed necessary by the County. Rir. F.W.B.Bohlen comes before the Board seeking a Variance for a building permit on approximately 8-acres of land which he propo'ses to sell toMr.Roy Tate on a 20-ft. right of way, the s~id property being a part of the Gregory's ~..'~ill Tract. Upon consideration whereof, and on motion of Mr. Britton, seconded by Mr. Goyne, ir'is resolved that this Board authorizes the Building Inspector to issue a building permit on the 8-acre parcel of land, provided Mr. Bohlen deeds a ~O-ft. right of way instead of a 20-ft. right of way across' lands presently owned by him. On motion of ~r. Britton, seconded by R~r. Hague, it is resolved that this Board request the Highway Department to take into the Secondary System of roads, Salisbury Road, as a Rural Road, described as follows: From the end of maintenance on Rt.?ll, .8 of a mile westwardly to Rt. 714. same being a connecting road, the right of way for which is recorded in Deed Book , Page . This day the Board of Supervisors considered the Petition of The Salisbury Corporation to approve the vacation of a drainage and utility easement eight (8) feet in width and extending along the western line of Lot 1 and a portion of 'the northern line of Lot 2, Block K, Section a, Salisbury, previously dedicated by the recordation of a plat dated June 8, 1961, recorded in Plat Book 12, pages 53, 5& and 55, in the Clerk's Office of the Circuit Court of Chesterfield County. Now, Therefore, be it resolved, on motion of~Mr.Hague, seconded by ~lr. Britton, the following resolution was adopted: WHEREAS, theaforesaid dedication of a drainage and utility easement eight {8) feet in width in no way abridge or destroy any rig, s or privileges of any property other than the property of the petitioner, the Salisbury~ Corporation; NOW, THE~iEFORE BE IT RESOLVED: That this Board doth approve the vacation of the eight (8) foot drainage and utility easement extending along the western line of Lot 1, and a portion of the northern line of Lot 2, Block K, Section A, Salisbury, alias shown on a plat made by J.K.Timmons, Civil Engineer and Surveyor, dated January 5, 1962, entitled "Map ~howing a Parcel of land, Logs 1 and 2, Block K, Section A, Salisbury, in Chesterfield County, Virginia,". This resolution is conditioned upon and shall become effective when the petitioner shall have executed and acknowledged for recordation on a form approved by the Commonwealth's Attorney, an appropriate declaration ofvacation. When such declaration of vacation has been so approved, the same shall be recorded in the Clerk's Office of the Circuit Court and %he Clerk of said Court shall indicate the vacation and the abandonment of the aforesaid easement on the re~orded plat of "Salisbury". On motion of Mr. Hagerman, seconded by Mr. Hague, it is resolved that this BOard request the proper County officials to enforce the 6ounty laws as they pertain to the problems of Court Street in Ettrick and more particularly to the property of Mr. Roscopf. On motion of Mr. Goyne, seconded by Mr.Britton, the following resolution is adopted: WHEREAS, the representatives of the people of the United States in the Declaration of Independence appealed ~ppealed~!"to the Supreme Judge of the world for the rectitude of our intentions", and therein expressed "a firm reliance on the protection of Divine Providence," and WHEREAS, the Constitution of the United States, by requiring that all lesiglative, executive and judicial officers of both the United States and of the several states be bound by oath or affinmation to support the Constitution, intended this nation to be forever governed by men having reliance upon the Supreme Being, and WHEREAS, throughout the history of our country our people have been enjoined by the highest governmental authority to place our trust in God and to gain strength in all vicissitudes through reliance on Him, and WHEREAS, the prayer formulated by the New York Board of Regents-"Almighty God, we acknowledge our'dependence upon Thee, and we beg Thy blessings upon,us, our parents,OUr teacheru,,i'and' our country" -with beauty and exquisite simplicity gives sublime expression to the noble sentiments of the Founding Fathers, and WHEREAS, the decision of the Supreme Court of the United States, enunciated on ~londay, June 25, 1962, inhibiting our children from making this, or a similar prayer, in the public schools, by specious reasoning that the same contravenes the First Amendment, is itself'a violation of the Amendment in that it prohibits the free exercise of religion. .dOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Chesterfield County, Virginia, that this Board and our people do deplore this highhanded intervention by the Supreme Court and we implore Divine Providence to favor us with His blessing and to protect us from this movement toward an atheistic and Godless government. And be it further resolved, that the Executive Secretary be and he hereby is requested to mail a copy of the foregoing resolution to all Virginia Legi§lators and other officials of authority. On motion of Mr. Britton, seconded by Mr. GOyne, it is resolved that the Executive Becretary be authorized to pay Mr.Benjamin S.Lane $250.00 for work done on the · compilation of the Dog License sales. On motion of Mr. Hagerman, seconded by Mt.Hague, it is resolved thJt this Board grant a Variance from the Subdivision Ordinance to Mt. Raymond Goode for the construction of a dwelling at the southern end of Rt.?21, provided Mr. Goode dedicates a 10-ft. widening strip on the 30-ft. road on which his house would face. Oh motion of Mr. Goyne, seconded by Mr. Britton, it is resolved that the E~ecutive Secretary be authorized to pay $5,000.00 toMr.McCarthy for professional services in the matter of issuing refunding bonds for the Water Department. On motion of Mr. Britton, seconded by Mr.Goyne, it is resolved that this Board appropriate the sumof $1~,?00.00 from the unapporpriated surplus to the following categories in the School Budget: 1762 $12,85~.75 1763 105.25 17el 800.00 a~ per the request of the School Board dated June 20, 1962. Mr. Fred Thompson comes before the Board to explain the transfers requested and approved on June 13, 1962. The COm~nonwealth's Attorney explains the proposed ordinance establishing a system for the Chesterfield Police Department, and after much discussion, it is, on motion of Mr. Goyne, seconded by M~r. Britton, resolved that the agreement is approved and the Chairman and Clerk of this Board are authorized to sign said agreement, and the Clerk is authorized to publish the ordinance after the Police Association has accepted the terms of this agreement. On motion of Mr. Hague, seconded by Mr. Hagerman, it is resolved that this Board go into Executive Session. Reconvening - On motion of Mt.Hague, seconded by Mr. Hagerman, it is resolved that the following standard wa%er contracts be and they hereby are approved: R-2~3-B Cherokee Estates $1~70. OO 291-C Traylor Estates 7685. OO R-325 Malja Corporation 275 0.00 R-l~4-F Southam Corporation 1259.50 329 Bon Air Elementary School 2185.00 330 Olive Hill 1897.5 0 57~ Conner 'Heights 1222.50 On motion of Mr.Hague, seconded by Mr. Hagerman, it is resolved that the Special Water Contracts for Meadowb~ook No.520-B, Section B, and No.549-A, Beechwood, Section A, be, and they hereby are approved. On motion of Mr. Goyne, seconded by Mr.Hagerman, it is resolved that the water contracDs Eo install water mains on Kingsland Road, Walmsley Boulevard, and other places in the total amount of $78,221.00 be awarded to Lyttle and Barnes, the low bidder. At the request of the Bermuda Optist Club, it is on motion of Mr. Goyne,~econded by Mm. Hague, it is resolved that this Board abandon its rights, title and interest in the old water site on Lot 8, Block B, as shown on the Plan of Walnut Place in Plat Book 8, Page 55, with the exception that the County retain the easement acrc~ the back of the lot wh~.e the present water line is constructed. On motion of Mr.Hagerman, seconded by Mr. Goyne, it is resolved that this Board pay $900.00 jointly with the Ettrick Sanitary District, for t'he lot belonging to Mr. Anderson, being described as follows: Beginning on the south line of Byrd StrEet at the western line of property belonging to Thomas B. Anderson and runningeastwardly along the south line of Byrd Street for 130 feet, thence southwardly at 90°for a distance of 100 feet, thence west and parallel to south side of Byrd Street 130 feet more or less to the west property line, thence north along the west property line 130 feet more or less, to the point of beginning, on which lot is proposed a water tank to serve Ettrick and the Matoaca area. On motion of Mr.Hague, seconded by. Mr. Hagerman, it is resolved that this Board accept a deed for 10-ft. along the front property line of the lot fr~onting 70 feet on Waldor Drive as shown on t~e plat by LaPrade Bros., dated March 27, 1962. On motion of Mr.Hagerman, seconded by Mt.Hague, it is resolved that t~ name of Courthouse Road be changed to Castlewood Road. On motion of Mr. Hagerman, seconded by Mr. Goyne, it is resolved that the request of I~r.B.O.~oodstomk for the renting of certain buildings at the Courthouse for barn dances,be,and it hereby is denied. On motion of Mr. Hague, seconded by Mr. Goyne, it is resolved that this Board approve the request for a total of $200.00 to send three {3} school teachers to attend the Radiolo~ical School in New York. O~ motion of Mr. Hague, seconded by Rlr. Goyne, it is resolved that the following erroneous assessments be and they hereby are approved for payment: Angelina Scannelillo Thoma~ M.Ferebee James A. Woodfin James A.Woodfin $3 · 50 25. O0 18.20 19.11 On motion of Mr.Goyne, seconded by Mr.Hague, it is resolved that this Board hereby agrees to pay it,s share 0f $100Q.02 for vacations in the Sheriff's department. Therewas read a Court Order siEnifying that on the 8th day of May, there was a successful Bond Issue of $10,0~0,000 for the building of schools in the County of Ch esterfi eld. On motion of Mr.Goyne, seconded by Mr. Hagerman, it is resolved that the low bid of the hendricks Construction Company in the amount of $31,8~8.00 for the second Exhibition Building be, and it hereby is approved and rewarded to said Company. On motion of Mr.Goyne, seconded by Mr. Hagerman, it is resolved that the sum of $28.00 be approved for payment for vacation in the office of the Commonwealth's Attorney, as the County's share in this expense. On motion of Mr.Goyne, seconded by Mr.Hagerman, it is' resolved that the following ordinance be and it hereby is adopted: AN ORDINANCE, to amend Chapter 6 of the Code of the County of Chesterfield, Virginia, by amending and reordaining S~ction 6-33 concerning penalties for violations of Chapter 6; Sections 6-54 and 6-55 concerning the operation of a motor v~chile after operator's licanse is suspended; ~ection 6-89 concerning penalty for reckless driving; Sections 6-71 and 6-72 concerning maximum and minimum speed limits; Sections 6-78, 6-81 and 6-82 concerning blood test, penalties and suspension of Operator's privilege for the operation of a motor vehicle while under the influence of alcohol or some self administered drug, and by adding as new sections Section 6-69.1 and 69.2 concerning additional penalties and revocation of operator's license for fourth and subsequent convictions of certain offenses or combination thereof. On motion of Mr.Hague, seconded by Mr. Hagerman, it is resolved that this Board accept the offer of the Michie Company for the codifying and editorial work on an amendment to the County's Code and the charges for same being $10.75 per page. On motion of l~r. Goyne, seconded by Er.Hague, it is resolved that this Board accept a deed for an extension of Windsor Road in Chester for 308 feet as shown on a map drawn by J.K.Timmons, dated June 27, 1962. On motion of Mt.Hague, seconded by Mr.Goyne, it is resolved that this Board request the Treasurer of the County to turn over the 1958 uncollected Personal Property Taxes to the delinquent Cax Collector, or his Deputy. Mr. Goyne cites the growing traffic hazards a~~ the intersection of Rt.827 and Rt. 10 and cites several accidents that have taken place in recent weeks. Upon consideration whereof, and on motion of Mr. Goyne, seconded by Mr. Hsgue, it is resolved that this Board request the State Highway Depertment to improve the traffic conditions at the intersection of Rts. 827 and 10 by whatever means are feasible. On motion of Mr.Goyne, seconded by Mr.Hague, it is resolved that this Board request Chief Smith to check on the traffic hazards at the intersection of Rts. 827 and l0 and to lend whatever assistance possible from the Police Department. On motion of Mr.Goyne, seconded by Mr. Hagerman, it is resolved that this Board agrees to the condiions of condemning four parcels of land on Rt.608 by the Highway Department, as set out in a letter dated June 12, 1962 and signed by Mr.P.P. Gilmore. On motion of Mr.Goyne, seconded by Mt.Hague, it is resolved that this Board request the Highway Department to i~nprove the traveling conditions on Rt. 608 and to fill in the numerous chuck holes in and around the intersection with the Toll Road. On motion of Mr. Hague, seconded by Mr. Goyne, it is resolved that the Purchasing Agent be and he hereby is authorized to accept the low bid on the fence for certain areas of the fairgrounds. On motion of Rlr. Hague, seconded by Mr.Goyne,it is resolved that t~is Board agrees to the request of Mr. Zane G.Davis, owner of Deerfield Estates, and allows him to record said roads without completing the construction of a short stub road on Springbok Road, and that he guarantee the construction of said road anytime ~ withinthe next ten (10) years if the adjacent property is subdivided. This day the County Road Engineer in accordance with directions from this Board made report in writing upon his examination of Westgate Mrive, Lockinvar Drive, Hobbyhill Road, Cheyenne Road, Fernleigh Drive, Ellsworth Road, Northridge Road, N~thridge Court, Ashdown Road, Greenleaf Lane and Bittersweet Road, in the Fernleigh Subdivision, in Midlothian Magisterial District, which shows that in the opinion of the County Road Engineer, it is expedient that said roads be established as public roads. Upon consideration whereof, and on motion of ~Ir. Driskill, it is resolved, that Westgate Drive, Lochivar Drive, Hobbyhill Road, Cheyenne Road, Fernleigh Drive, Ellsworth Road, Northridge Road, Northridge Court, Ashdown Road, Greenleaf Lane and Bittersweet Road, in the Fernleigh Subdivision, b~idlothian District, be, and the same are hereby established as public roads. And be it further resolved, thatthe Virgihia Department of Highways, be, and it hereby is requested to take into the Secondary Road System, ]VestgateDrive, beginning at the intersection of Rt.1775 and Rt.701 and extending .04 miles north to Lochivar Drive; Lochivar Drive, beginning .0~ miles north of the intersection of Rt.1775 and Rt.701 and extending eastwardly and southwardly .& miles to Fernleigh Drive; Hobbyhill Road, beginning at the intersection of Rt.701 and Rt. 1777and extending .1 mile east to the intersection of Cheyenne Road and Fernleigh Drive; Cheyenne Road, beginning .1 mile east of the intersection of Rt. 701 and Rt. 1777 and extending .2 miles northwardly to Lochivar Drive; Fernleigh Drive, beginning .1 mile east of the intersection of Rt.701 and Rt. 1777 and extending in a southern and westerly direction .53 of a mile to the end of the Subdivision; Ellsworth Road, beginning at Rt. 7Q1,.O& miles east of its intersection with Et.1735 and extending northwardly .3 miles to a cul de sac; Northridge Road, beginning at the intersection of Fernleigh Drive and Northridge Road and extending .2 miles north to the end of the subdivision; Northridge Court,beginning at the intersection of Northridge Road and Northridge Court and extending westwardty. O6 miles %o a cul de sac; Ashdown Road, beginning at the intersection of Fernleigh Drive and Ashdown Road, extending northwardly from Fernleigh Drive,.O6 miles to a cul de sac and extending .04 miles south from Fernleigh Drive to the end of the Subdivision; Greenleaf Lane, beginning at the intersection of Ellsworth Road and Greenleaf ~mne and extending .15 miles east to Northridge Road; Bittersweet Road, beginning at the intersection of Bittersweet Road and Lochivar Drive and extending .13 miles northwardly to the end of the subdivision. These roads serve 11 houses. And be it further resolved, that the Board of Supervisors of Chesterfield County guarantees to the Virginia Department of Highways, rights of way of not less than 50 £ee% for these roads. Dedication of said rights of way in Plat Book 12, Pages 42, 92-94, Chesterfield Courthouse, Virginia. This day the County Road Engineer in accordance with directions from this Board made repor% in writing upon his exan~ination of Galena Avenue, Forest Road, Proctors Road, Kerwin and ~'~oodworth Roads in the Subdivision of Quail Oaks, Section "A", Bermuda Magisterial District, which shows that in theopinion of the 'County Road Engineer, it is expedient that said roads be established as public roa~]s. Upon consideration whereof,and on motion of Mr. Goyne, it is resolved that Galena Avenue, Forest, Proctors, Kerwin and ~Yoodworth Roads in the Quail Oaks Subdivision, Section ,A,, Bermuda Magisterial District, be, and the same are hereby established as public roads. And be it further resolved, that the Virginia Department of Highways, be, and it hereby is requested to take into the Secondsry Road System, Galena Avenue, beginning st the intersection of Rotates 1~08 an~' 839, extending westwardly .25 miles to Proctors Road; Forest Road, beginning at the intersection of Routes 1908 and l&16 and extending westerly .27 miles to .03 miles west of Proctors Road; Proctors Road, beginning.2~ miles west of the intersection of Rts. 1~08 and 1~16 on Forest Road, .09 miles along Proctors road to .02 miles north of ~oodworth Road; Kerwin Road, beginning .08 miles west of the intersection of Rts. 1~0~ and 839, on Gal_cna Road, extending southerly .06 miles to Woodworth Road and northerly .05 miles; ~.~oodworth Road,beginning .08 miles west and .06 miles south of the intersection of Rts. 1~08 and ~39, and extending westwargly .13 ~iles to Proctors Road. These roads serve 50 houses. And be-it further re~olved, theft the Board of Supervisors of Chesterfield County guarantees to the Virginia Department of Highways, right~ of way of not less than 50 feet for these roads. Dedication of said rights of way in Plat Book Page ~hesterfield Courthouse, Virginia. On motion of Mr.Hagerman, seconded by Mr. Goyne, it is resolved that the minutes of April 26, May 1~ and May 2~, '1962, be and they hereby are approved. On motion, the meeting is adjourned to July ll, 1962, at 9:~0 a.m. - C~iYman