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06-19-1968 Packet
VIRGIITIA; At an adjourned meeting of the Board of Supervisors of Chesterf field County, held at the Courthouse on June 19, 196£3, at 2:00 P.T-i. Present: Mr. Irvin G. Horner, Chairran Mr. i~~orris D~ason, ilsst. Comm. «tty. T~~r. F. F. Dietsch Nir. Iioward P:ayo, Jr. Co.Planner Mr. A. R. I~;artin T-:r. Robt. Painter, Co. Engineer Mr. C, J. Purdy Tir. NT. Vd. Burnett, Exec. Secy. Mr. John E. Longmire, ,':sst.E:cec.Sec'y. Absent: Mr. J. Ruffin tlpperson Lair. H. O.Browning The Chairman opened the meeting and stated that the purpose of the meeting was tc hear public opinion on the proposed Regional Park Authority. Mr. Richard Robertson speaking for the Richmond Regional Planning Commission reads a list of seventeen reasons why the County should enter the Park Authority, which list is filed with the papers of this Board. Mr. Thomas M. Parker, Jr., President, Richmond First Club, states that he is concerned about the growth in the area and the diminishing availability of park areas, as well as the underdevelopment of the James River Basin and states that his Grganization has unanimously endorsed the Regional Park pro;ram. T~ir. Henry Huband, a resident of Chesterfield, and a member of the Richmond First Club, speaks in favor of the Park program, saying that the County can no longer deal in isolationism. I~.rs. L~Iarilyn Harper from the Bon Air 9•Joman's Club, states that there is little spe.ce for girl scouts and ether activities and urges the adoption of the Regional Park Program. L-:iss Sheryl NcRainey, a 12-year old girl Scout, spealcs glowingly for the need of open spaces and presents to the members of the Board a book prepared by her Scout Troop. Nirs. George Tait, a Scout Leader in Bon I;ir, reads a letter from Dirs. Burke in support of the Park .luthority. Nir. Leslie Saunders, speaking for the County Ruritans and for the Jaycees, states that preservation of open spaces is now crucial since the area is building up so rapidly. Mrs. Carole Taylor, representing the Bon ~;ir 6~Ioinan's Club Committee on Beautification speaks for the Park Program. Mrs. Geraldine Finch states that we must buy land now because the C• •• population growth is in the urban area and open spaces are rapidly being developed. I-ir. Samuel Anderson, Architect, speaks for the Park Program and stresses the need for comprehensive planning. Nir. Dietsch, states that the County can acquire its own parks but the :`athority can do a better job since there is more personnel and the County can share the cost. In the event of annexation the various constituents to the Park Authority still will have six members each. Nir. Tiartin states that parks in tiashington, D.C. are places where criminal elements gather and the same is true for the City of Richmond. Pocahontas Park is not now ~ c.esirable place for a family picnic. Recreation is something that should not necessarily be next door, but should be available irr the area. He questions whether we can protect property rights in park areas. Mr. Purdy states th~:t due to the social unrest which exist today, we must now begin to plan for many years ahead in acquiring open spaces. NIr. Dietsch states that the charging of a fee for entrance to a park may control certain eleine::ts which detract from the park and which help to pay for necessary maintenance. Mr. Martin states that if the fees were sufficient to control the undesirable element that this fact would melt his opposition. Nir. Horner questions the size of the proposed staff. Nir. Richard Robertson stat__s that he ~~~ill assist the luthority to get started and estimated th~it the funds needed for the first full year would be approximately $50,000„ that little results c~:uld be exec-cted in less than 18 tc 24 months. I~~ir. Horner states that he knows tivell Yiow the City of Richmond works, it undoubtedly will unite with Henrico and will outvote Chesterfield. He cites the lacy of cooperation on Richmond's part in granting easements and the delay on Chippenham ParlcGaay by the City Planner and Nir. Bemiss, and suggested that the same kind of cooperation would come from the Park Authority. This is a spending group without the ability to tax and there seems to be too many of those in the County today. He states further that the policy for parks will be controlled from outside the County. It can be done locally, losing only 5% of the total cost which loss could more than be saved by using the County's Planning Sta:cf and presents the question ,could the County not do a better job and }:eep complete control. He concluded with the fact that he does not w~.sh to be an ^',:st^uctionist but thinks that the luthority should be rejected N1r. G Denny ~.,~h.te, Tie-Breaker for the County, thanks all who gave views and op~_n:~•a_a a.nd states that he feels he is as well qualified now to render a d~cisicn as at any time, He agrees with trying to control rough elements in parks and hopes that these can be eliminated by other agencies. He appreciates Pir. 1-'orner's statements concerning the County's ability to provide parks but stat..s that he cast his vote to make Chesterfield a part of the Regional Park futhority. iJhereupon, the Chairman and other members of the Board thank Nir. :mite for serving the County in this capacity, There was read a letter from Nir. R.V.Lancaster, Resident Engineer, Virginia Department of Highways, stating that the intersection of Rt.60 and Rt. 892 needs no further lighting or additional signs. -2- ... .. On motion of P4r. Piny, seconded by Nir. Dietsch it is resolved that the Executive Secretary be and he hereby is authorized to apply to the Federal Government for permission to issue U. S. Savings Bonds, Series F; and U. S. Savings Tdotes. On motion of i~7r. I':artin, seconded by Mr .. Purdy, it is resolved that the follo~ai;Zg game claims be and they hereby are approved: Catherine R. Roane 1 lamb - 90 lbs. $20.,00 Nirs. Herbert I~. Green 6 pullets- 5 lbs. each 10.00 2t is here noted th~.t T°~r. Dietsch votes No. 'der` was read a Tulin; c: the :attorney General which indicated that the personnel o~ the County court should be covered by the County as far as i~orkmen's Compensation is concerned. The Board w,s notified that the following road was formally accepted into the State Secondary System of roads: Southam Subdivisioni__Section "I3" Bagwell Drive -from intersection of Chiswick and Bluffton Roads and running west 0.07 mile to Joliette Road (Rt.2050) 0.07 P-.i. On motion of Pir. Dietsch, seconded by rir. Purdy, it is resolved that the request of the .ttricl: Fire Department for a new fire truck be referred to the Fire Committee. On motion of l~;r. Purdy, seconded by r•':r, i':.artin, it is resolved that the request for street lights on Parlcdale Road and ~lindsorview Drive be referred to the Light Committee. On motion of Per. Dietsch, seconded by h-r .Purdy, it is resolved that this Board adjourns at 4 :00 P.Ni. to 2:00 P.f9. on June 27, 1968. - 3.. '~ ' RICHMOND NEW$PAPERB,~. Publisher of THE RICHMOND TIMES-DISPATCH Park Authdrity's Act wlll be tlls- oussed ai a public hearing an June 19, 7968 at R:00 P.M. in the County Court Room at Chesterfield Cour - house,,Virginla. A copy of the full text of the Ordl-, nonce Is on file in the Cle(k'.5 Cffice of the Ctrcult Courf of Chesierflcld County, Virginia and in the office of fhe Executive Secretary. All persons favoring or apposing the atloption of this Ordinance are invitetl to attentl This meeting. Boord of Supervisors of Chesterfield Couniv, ~~irginia By M. W. Burnett, Clerk XM June 14, 1968 Richmond, Va.________________________ This is to certify that the attached-____---Legal_Iy4ti~~---____-- was published in The Richmond Times-Dispatch, a newspaper published in the City of Richmond, State of Virginia. _____________ June 7, 14L_1968__-- -------- --------------------- The.first insertion being given______J~_Zr_1~6~___________________ ~'~a'--- Maxager. . ~ ., I ~ > ~ ~. r ~~ • r~ May `24:, '1966... . Senator Gerald Bemiss.~ '~.P.O.Box 1156. Richmond, Virginia ~ . ' ' Dear Senator': - In light of .our meeting at .the,. Regional -Planning bffic e on May 20, 1966, concerning the question of a Regional Park Authority, the following:questions.are~listeds 1. Will the governing body have the right to ' veto the specific projects in its locality? 2., How will. the various projects be financed? 3. Wi11 Chesterfield be allo~tized to eliminate paying for •tho se citizens who live..in the south ern part o f t he County? 4. Would the charter'of the Park Authority have' ' to be approved by the .General Assembly? ,These are questions which I think th,e Board of Super~'isors , may want to discuss thoroughly before decision is reached concerning Ch©sterfield's entry into this proposed Park Auttxo rit y. Zf you should desire additi„~nal information on these or any other aspecta ~of this matter, please let me know, .. , . ~ ' , A~Iost sincerely yours, . . M. ~1.Burnett . MWBiw Executive Secretary N. ^~ ~ ~ //,~[°~ NP' I~t MMG ~ ~S~~V~/7 5~(~~~y~~~ J~ ~ 1I ~-~SI~I 5~~~~}~~ ~ lI I/~~~~~^~(1 l~jJ~ ~/(~ 'n~5'7 ((\~~ll~((\~~\ll ~'/ }~~~57 ~' NO,~ ~\x3 GYS~!SOO .yVL/ LS~~\JLSOO!`V/4 LV~ ~~/S~SVV ~JOO 'v~~W~~'SOO LSV o+ i ~s,~ ~afl codac3aoa ~Qe ~oc~raGaoao floo doac~oaoQ <<i[iN June 1, 1966 Too The Honorable FitsGerald Bemis -~ic. M. w. Burnett Mr. B. Earl Dunn Mr. Robert L. Horn Mr. :Irving G. Horner. Gentlemen: I am enclosing a copy of an opinion rmndersd by the City Attorney, 3. Elliott Drinard. I Peel it is ae1P-explanatory and answers some og the guegtions brought up at our recant meeting. Looking Forward to meeting with you on the eighth, I remain V®ry truly yours, Robert J. 8abenicht Chairman RJHsps Enclosure '~~~"~3~~6' 0 ~i~~~ iss6 ~ ~~ DECEIVED BOiI~~ (}~ Ski f~;di~~i1ZS ` ~ GI!ES1EI~~sE1~;;~ ,~~; ~~~~ • - ' „-, ,. or _ ~ ~cT ~~ ~ e r ,, T ~~• CONARO B-MATTO X, JR. :_~t.~ -~.-: J, ELUOTT DRINARD ~'~ .~~ JAMES.A. EICHNER cin o~mcfci : ' CITT ATYORN EV ~ vvY VV O•CONRAD THACKE R,JR ' AS SISTPNT_5 DEPARTMENT OF LAW R I C H M O N D V I R G I N I A - May 24, 19bb To: Hon. Robert J. Habenicht From: City Attorney Subject: Creation of a Park Authority 2Yhe resolution adopted on yesterday will not serve to bring a Park Authority into existence. .The resolution merely ex- presses the attitude of the Council about the establishment of a Park Authority. Section 15.1-1229 of the Park Authorities Act provides that a Park Authority may be created by action of one or two or more political subdivisions by ordinance or resolution, which will be a public body politic and corporate. If two or more political subdivisions create a Park Authority, any of the political subdivisions can thereafter withdraw and any other political subdivision may thereafter join. But no po litical subdivision can withdraw after any obligation has been in- curred by the Authority and while any such. obligation remains binding. To create an Authority a political subdivision must adopt an ordinance or resolution setting forth articles of incorpo- ration and: Page 2 To - Hon. Robert J. Habenicht 1. The name of the Authority. 2. The address of its principal office. 3. The name of each incorporating political subdivision. 4. The names and, addresses and terms of office of the first members of the board of the Authority. 5. The purpose or purposes for which the Authority is created. A copy of the ordinance or resolution must be published at least one time in a newspaper of general circulation in each political subdivision together with a notice stating that on a certain day, not less than ten days after publication of the notice, a public hearing will be held on the ordinance or resolution. If at the hearing it appears that there is substantial opposition to the Authority, the governing body, in its discretion may call for a referendum on the question of establishing"the Authority to be held on a date specified in a resolution adopted by the governing body to be held not less than thirty nor more than sixty days from the date of the adoption of the resolution. If ten per cent of the qualified voters in a political subdivision file a petition with the governing body of the political sub- division at the hearing calling for a referendum, the governing body must order the referendum. (§15.1-1230 Park Authorities Act) . 1, Will an Authority be a legally constituted body, if the ordi- nance or resolution creating the Authority contains a condition to the effect that the Authority cannot exercise the power of eminent domain without the approval of the governing body of the political subdivision where the land is situated? n To - Hon. Robert J. Habenicht Page 3 No. But, a political subdivision may initially agree that certain specified land be included in the Authority's park program, and may from time to time thereafter by ordinance or resolution, after public hearing, and with or without a referendum, specify other parks to be acquired and maintained, and no other parks can be acquired or maintained by the Au- thority other than those specified. If a political subdivision fails to specify any project or projects to be undertaken; and if a governing body does not disapprove of a project- or projects proposed by the Authority, then the Authority is free to ex- ercise the powers under the Park Authorities Act, which includes the power of eminent domain. (§15.1-1230 Park Authorities Act). Thus, the exercise of the power of eminent domain is controlled by a governing body either in adopting the initial program or plan for establishing a park. or parks or by adding other parks to the program or plan later or by disapproving a park proposed by the Authority. In the latter case, the Authority must sub- mit to a governing body before acquisition any park it pro- poses to establish. No other park or parks can be established. 2. Will a political subdivision be required to underwrite an Authority's bonds? No. The Act specifically says that bonds issued by the Authority shall not be a debt of the State or of any political subdivision of the State nor a pledge of the faith and credit of the State or any political subdivision, and the bonds shall be payable solely from the revenues of the Authority. (§15..1-17.37 Park Authorities Act). But the Act provides that a governing body may transfer juris- diction to or lease, lend, grant or convey to an Authority,-upon its request, upon such terms and conditions as the .governing body may agree caith 'the Authority, such real or personal property a e Page 4 To - Hon. Robert J. Habenicht as may be necessary or desirable in connection with the acqui- sition, construction, improvement, operation or maintenance of a park, including public roads and other property devoted to public use. (§15.1-1232 Park Authorities Act). The Act further provides that a county or city may convey or lease to an Authority, with or without consideration, any park upon such terms and conditions as the governing body of the county or city shall determine to be for the best interests of the county or city. Counties and cities may enter into con- tracts with an Auth ority to aid in furtherance of its: purposes, but no contract can be made involving the payment of money to an Authority for park services which requires the county or city to incur an indebtedness extending beyond any one fiscal year, unless the question of entering into such a contract shall be first submitted to the qualified voters of the county or city for approval or rejection. Aside from conveyance or lease of park land and aside from contracting, a county or city may make voluntary contributions to an Authority at any time. ('~1.5.1- 1236 Park Authorities Act). 3. Can an Authority be created without a plan or program? Yes. But an Authority will not be able to function unless after creation or organization the governing bodies establishing the Authority by subsequent ordinance or resolution, after .public hearing, with or without a referendum,, specify parks to be ac- quired and maintained; and if no parks are specified and the • Authority proposes that certain parks be established, the Au- thority will not be able to function ;~~a_g.QV_erninq body d approves the Authority's project or proiecis. ~-' JED:ebb ~• / ~ / ~ City Attorney LEAGUE OF WOMEN VOTERS OF THE RICHMOND AREA, VIRGINIA, INC. RICHMOND, VIRGINIA June 2, 1966 3004 Kensington Ave. Board of Supervisors County of Chesterfield Chesterfield C•H•, Virginia Dear Sirs: The members of the League of Women Voters of the Richmond Area, residents of Richmond, Henrico, and Chesterfield, have been concerned for many years about the problems of urbanization with which our metropolitan area has been faced. The rapid growth and development of the entire area is and will continue to demand much of its citizens and its governmental officials. The League has been heartened by the increasing efforts at cooperation among the three governmental ~urisdictions• We strongly support such cooperative planning and action. We feel that the proposal for a regional park authority which is now before you deserves your serious considera- tion. Our metropolitan area needs the combined efforts of all three governmental jurisdictions if its problems are to be solved and it is to become the kind of place in which we and our children wish to live. We urge you, as the elected representatives of the people of Chesterfield County, to add your voices to this coopera- tive effort so that all of the citizens of the metropoli- tan area may benefit. C o r7ydi, a,",l l~'y , (Mrs. ales rginteanu) Pr sident (Mrs. James Hight wer~~~ .Local program chairman ' ~- GoM~o ~/IR~YN ~ FITZGERALD BE MISS _ ~ ~7~ ~ ~1 , ~(`I1s t I 94TH SENATORIAL DISTRICT t t• i11~`. y~ ! 4 RICHMOND CITY ~ 1A 0 ~~~ ~ t ~ }-t_ ;~ P. o. Dox Ilse - ,,s '~ d e,i' tij Ls ~ , RICHMOND, VIRGINIA - 'G~utr~~~ `2_ ~~~' f %~~ ~~' • 'I ~. S~NAT'1; March S, 1962 Mr, L. McCarthy Downs, Jr.' Richmond Regional Planning Commission 219 Governor Street Richmond 19, Virginia Dear Mac: COMMITTEE AS SIGNMENTSI ROADS AND INTERNAL NAVIGATION GENERAL LAWS INTERSTATE COOPERATION INSURANCE AND BANKING ENROLLED BILLS TO EXAMINE THE BONDS OF PUBLIC OPFICfiR3 As you requested in your letter of February 28, I relayed your inquiry to the Attorney General. Attached is his reply. This appears to be not exactly the answer you wanted, but I' earnestly hope that it will not prevent the establishment of the Regional Park Authority. The need for some coordinated steps to preserve some attractive open spaces in this growing community is extremely pressing. I certainly don't for a minute presume to mind the business of your excellent committee, but I must observe that the economics and social consequencies of delay get progressively more serious. The concerns about eminent domain and debts are, of course, very real ones, But as we constantly see as communities become more congested, these powers are necessary ones which generally are exercised with reasonable restraint by local authorities devoted to serving our communities. Please let know of anything happiness of our me know if I can more important community than be of any help. to the long-range this project. I really don't health and Sincerely, 0 FitzG raid Be iss ~ . ~~ ,, _A., ;.,. ,,,.~ ~; ROBERT Y. BUTTON ATTORNEY GENERAL KENNETH C. PATTY FIRST ASSISTANT ,~ ~~~~~ ~ t~zt:~~ ~r~~~~ . . OFFICE OF THE ATTORNEY GENERAL F21CHM ON ~ ' March 7, 1962 Honorable Fitzgerald Bemiss Member, Virginia State :,mate State Capitol . Richmond, Virginia My dear Senator Bemiss: D. GAR DIN ER TYLER FRAN CI$ C. LEE ROBERT D. MGILwAIN E, III RENO 5. HARP, III MANDLEY RAY JONNSTON MOSES NAR RIS PARKER FRANK V. EMMERSON,JR. HAROLD V. I4EL LY WILLIAM P. BAG WELL, JR. A. R. WOOUROOF ASSISTANTS. This is in reply to your letter of March 2, 1962, relating to the authority of the governing bodies of political subdivis~ ith-respect to regional park authorities. -= ~ You enclosed a copy of a letter addressed to you~by the Honorable L, i~"cCarthy Downs, Jr., member of the Board of Supervisors of Henrico County, in which he suggests that the governing bodies of the City of Richmond and the Counties of Henrico and Chesterfield may consider the creation of a park authority more favorably if certain restrictions could be placed upon the powers of the author- ity. Particularly with respect to the exercise of the. power of eminent domain and in incurring debts, the author- ity would be required first to obtain. the approval of the governing bodies of the counties and the city. You have requested my opinion as to whether such limitations may be legally imposed. dark authorities are created pursuant to Chapter 21.1, Title 15, Code of Virginia of 1950. Section i5-714.3 of the Code (a portion of Chapter 21,1) provides, in part, as follows: D. Having specified the initial plan of organization of the authority, and having initiated the program, the governing bodies of any of the pclitical subdivisions organiz- ing such authority may, from time to time, by ~- ,- lJ Honorable Fitzgerald Bemiss • -2- D!arch 7, 1962 sequent ordinance or resolution, after public hearing, and with or without referendum, specify further parks to be acquired and maintained by the authority, and no other parks s~lall be acquired or maintained by -the authority than those so specified. Hoavever, if the governing bodies of the poa.i~tical subdivisions fail to specify any project or projects to be undertaken, and if the governing bodies do not disapprove any project or projects pro- posed by the authority, then the authority shall be deemed to have all the powers granted by this chapter. By the foregoing quoted provision, it appears that the governing bodies of political subdivisions may specify the arks. to be acquired and maintained by a park au nori y; however, I am aware of no other provision in the Chapter which could be construed as authority for the governing bodies to control or limit the functions of a park authority. Once it has been created, the authority becomes vested with the power of eminent domain and the power to inc;ar bonded indebtedness by virtue of Sections 15-714.5 and 15-714.10 o:c the Code. These powers having been conferred by statute, the governing bodies of the creating political subdivisions cannot curtail such powers. I am, theref ore, of the opinion that the govern- ing bodies of the City of Richmond and the Counties of Henrico acid Chesterfield may specify which parks are to be acquired and maintained by the proposed park authority, but once created, the authority may exercise ail the powers conferred by Chapter 21.1, Title 15, of the Code.for acquiring and maintaining those parks specified, without further restric- tions by the governing bodies of the three political sub- divisions. With kind regards, I am 15:20 Sincerely yours, Robert Y. Butto , Attorney General. j1! t February 1, 1962 Memorandum To: Regional Park Authority Committee Members Re:. Suggested Changes in Concurrent Resolution The following paragraphs of the Concurrent Re- solution creating a Regional Park Authority reflect suggestions which were offered by Committee Members. at the January 26 meeting and are circulated for your review: Additions are underlined; deletions are lined out. Page 3, Second paragraph; Subheading (b) Each member shall bE~ xeA,mbur~ed the amount of his actual expenses necessarily incurred in the per- formance of his duties and each member shall be re- quired to be bonded. __._ Page 3, Sub-heading (c) The purpose for which said Authority is created is the acquisition, construction, development, opera- tion and maintenance of parks within or partly with- in the geographical limits of any one or more of the political subdivisions composing the said Authority, and for the purpose of exercising in relation there- to all other .powers conferred by said Act; provided, however, that each of the governing bodies subscribing hereto reserve the right to disapprove any project pro- posed by the Park Authority within its political sub- division, an_ d~rovided also that the Park Authority shall not incur any debt unless specifically aut"ro.rized to do so by all aovernina bodies representing the area served by the Authority, nor shall the Authority exercise the poc~e,r of emminent domain unless specific- ally authorized t:~ do so by the aovernina body of the political sub-division within which the subject land lies. • PARK AUT?iORITIES ACT Chapter 21.1 SECTION 15-714.1. SHORT TITLEc APPLICATIOiQ This chapter shall be known and may be cited as the "Park Authorities Act." The chapter shall apply to all counties and cities of the State. (1950,p. 1244; 1952, c. 40i.) , SECTION 15-714.2. DEP'TD?ITIONS. As used in this chapter, the following words and terms shall have the following meanings unless the context shall indicate another meaning or intent; ' (a) The word "authority" shall mean an authority created under the provisions of Section 15-714.3 or, if any such authority shall'be abolished, the board,_body, or commission succeeding_to the principal functions thereof onto whom the powers given by this chapter to such authority wall be given by law. (b) The word "county" shall mean an_v county in the Commonwealth of, Virginia. (c) The word "municipality" shall mean any city or town incorporated under the laws of the Commonwealth of Virginia. (d) The term "political subdivision" shall mean a county or municipality. {e) The term "governing body" shall mean in the case of a county . the board of supervisors and the case of a municipality the board,. commission council or other body by whatever name it may be known, in which the general legislative powers of the municipality are vested, (f) The term "park" shall mean public parks and recreation areas as the terms are generally used. (g) The term "federal agency" shall mean and include the United States of America, any department or bureau thereof, the Federal Works Agency, the Reconstruction Finance Corporation, and any other \~`~ agency or instrumentality of the United States of America hereto- fore established or which may be established or created hereafter. (1950,p.1244; 1952, c. 401.) SECTION 15-714.3. CREATION OF AUTHORITIES. A. The governing body of a political subdivision,~mayby ordinance or resolution, or the governing bodies of two or more political .~ subdivisions may by concurrent ordinances or resolutions, signify ,4 , ,i ~~ ~.-~"-~ . -2- _, their intention to create a park authority, under an appropriate name and title, containing the word "authority" which shall.be a public body political and corporate. Whenever an authority has beer_ incorporated by two or more political subdivisions, any one or more of such political subdivisions may withdraw therefrom, and any political subdivision not having joined in the original incorporation may join in the authority but no political subdivision shall be permitted to withdraw from any authority after any obligation has been incurred by the authority and while any such obligation remains binding. B. Each such ordinance or resolution shall include articles of incorporation which shall set forth: (a) The name of the "authority" and address of its principal office. (b) The name of each incorporating political subdivision, together with the names, addresses ar_d terms of office of the first members of the board of said authority. C. The governing body of-each participating political subdivision shall cause to be published at lust one time in a ne~.aspaper of general circulation in such political subdivision, a copy of such ordinance or resolution together with a notice stating that on a day certain, not less. than ten days after publication of said notice, a public hearing will be held on such ordinance or resolution. If at such hearing, in the .judgment of the governing body of the participating political subdivision substantial opposition to the proposed park authority is heard, the members of such body may in their discretion call for a referendum on the question of establishing such an authority as prescribed in the ordinance or resolution to be held on a date specified in a resolution of such-governing body:: not less than thirty nor more than sixty days from the date of adoption of the resolution. The referendum shall be initiated by resolution of the governing body directed to the election officials of the county or city and the same shall conform to the provisions of Section 24-141 of the Code of Virginia. V,7here two or more political subdivisions are participating in the formation of such authority the referendum, if any be ordered, shall .be held on the same date in a]:1 such subdivisions so participating. In any event if ten per centum of the qualified voters in such subdivision file a petition with the governing body at the hearing calling for a referendum such governing body shall order a referendum as herein provided. - D. Having specified the initial plan of organization of the authority, and having initiated the program, .the governing bodies - of any of the political subdivisions organizing such authority may, from time to 'time, by subsequent .ordinance oz resolution, after public hearing, and with or without referendum, specify further -~• ~ -3- parks to be acquired and maintained by the authority, and no other parks shall be acquired or maintained by the authority then those so specified. However, if the governing bodies of the political subdivisions fail to specify any project or projects to be under- taken, and if the governing bodies do not disapprove any project or projects proposed by tine authority, then the authority shall be deemed to have all the powers granted by this chapter: (1950, p. X244, 1952, c. 401:) _ SECTIOAT 15-;14, 4. MEPriBERS . OR AU'I'F?ORITY. The powers of each authority created hereunder shall be;exercised by not less than six members, comprising not less than ttivo members, but always ari even .number, from each participating political subdivision, appointed by the governing body thereof. One half of these members first appointed by each governing body shall serve for two years and one half shall serve for four: years. After the first appointment, the term of office of all mem~aers shall be four years. When one or more additional political subdivisions join an existing authority, ' each of such participating political subdivisions shall have not less than two members on the authority. The first of such members shall be appointed immediately upon the admission of the political subdivision into the authority ir_.the same manner as the first members of the authority. The members of the authority shall elect one of their number chairman of the authority, and shall elect a secretary and treasurer who need not be members of the authority.' The Offices of secretary and treasurer may be combined. A majority of the members of the .authority shall constitute a quorum and the vote of a majority of members shall be necessary for any action taken by the authority. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority. The political .subdivisions by action of whose governing body or governing bodies an authority shall have been created and its members appointed hereunder may by ordinance or resolution or concurrent ordinances or resolutions creating the authority or by subsequent ordinance or resolution or concurrent ordinances or resolutions, provide for the payment of compensation to the members of the authority of the amount of his actual expenses necessarily incurred in the perform- , ance of his duties. (1950, p. 1246; 1952, c. 401.) - ' SECTION 15-714.5. POWERS OF AUTFIORITY. Each authority created hereunder shall be deemed to be an instrumentality exercising public and essential governmental functions to provide for the public 1-~ealth and welfare, and each such authority is hereby authorized and empowered: - [a) `i'o have existence for such term of years as specified by the participating political subdivisions; ~}~) '•'b adopt by-laws for the regulation of its affairs and the ::c:zdnct of its business; . _a_ (c) To adopt an official seal and alter the same at pleasure; (d) To maintain an office at such place or places as it may designate; (e) To sue and be sued; (f) To acquire, purchase, lease.as lessee; construct, reconstruct, improve, extend, operate and rnain~tain parks within or partly with- in and partly without one or more of the political subdivisions by action of whose governing body or governing bodies the authority eras created; and to acquire by gift; purchase or the exercise of the right of eminent domain lands or rights in land ctr water rights in connection therewith; and to se1l,;lease as lessor, transfer or dispose of any property or interest tYi6rein acquired by it; at any time; provided, however, that the dower of eminent domain shall not extend beyond the geographical limits of the political subdivision or subdivisions composing the authority. (g) To regulate the uses of all lands and facilities under control of the authority; (h) To issue revenue bonds and revenue refunding bonds of the .authority, such bonds to be payable solely from revenues derived from the use of the facilities or the furnishing to any political subdivision or park services; (i) To accept grants and gifts from the political subdivision forming the authority, the State of Virginia, the federal government or any other governmental bodies or political subdivisions, and from any unit, private corporation, copartnership, association or individual; (j) To enter into contracts with the federal government, the Commonwealth of Virginia, any political subdivision, or any agency or instrumentality thereof, or with any unit, private corporation, copartnership, association, or individual providing for or relating to the furnishing of park services or facilities; - (k} To contract with any mur;icipality, county, corporation, individual or any public authority or unit of this or any adjoining state, or such terms as the said authority shall deem proper, for the construction, operation and maintenance of any park which is partly in this Commonwealth and partly in such adjoining state; (1) To exercise the same rights of acquiring property for the construction or improvement, maintenance or operation of a park .s the county or city or counties or cities by which such authority i~ created may exercise. The governing body of any unit, notwith- •=::.anding any contrary provision of law, is hereby authorized and :,inpowered to transfer jurisdiction over, to lease, lend, grant or • -5- convey to the authority upon the request of the authority, upon such terms and conditions as the governing body of such unit may agree with the authority as -reasonable and fair, such real or personal property as may be necessary or desirable in connection with the acquisition, constructior_, improvement, operation or maintenance of a park, including public roads and other property already devoted to public use. Agreements may be entered into by the authority with the Commonwealth of Virginia, or any agency acting on behalf of the Commonwealth of Virginia, for the acquisition of any lanc;s or property, owned and/or controlled by the Common- wealth of Virginia for the purposes of construction or improvement, maintenance or operation of a park; _ f'~- - - (m) In the event f anne~,ation by a mur_icipality not a member of the authority of 'lands, areas, or territory served by the authority, then such authority may continue to do business, exercise its jurisdiction over its properties and facilities in and upon or over such lands, areas or territory as long as any bonds or indebtedness -remain outstanding or unpaid, or any contracts or other obligations remain in force. (n)• To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this Act, including a trust agreement or trust_ agreements securing any revenue bands or revenue refunding bonds issued 'Hereunder; (o). To do all acts and things necessary or convenient to carry out the powers granted by this chapter. (1950, p. 1246; 1952, c. 401, 1956, e. 472.) SECTION IS-714.6. EXEMPTION FROM TAXATION. No authority shall be required to pay any taxes or assessments upon any park acquired and constructed by it under the provisions of this chapter.(1950, p. 1248) SECTION 15-714.7. RATES AND CHARGES. The authority is hereby authorized to fix and revise from time to time rates, fees and other charges for the use of and for the services furnished or to • be furnished by any park. (1950, p. 1248.) SECTION 15-714•.8. TR*JST FUNDS. All moneys received pursuant to the authority of this chapter shall be deemed to be trust funds, to be held and applied solely as provided in this chapter, The ~~4solution of the authority shall provide that any officer to whom,- or any bank, trust company or other fiscal agent to which, such moneys shall be. paid shall act as trustees of such moneys and shall hold and apply the same for the purposes hereof, subject to such regulations as_such resolution or trust agreement may provide. (1950, p. 1248.) -6- SECTION 15-714.9. CONVEVAI~'CE OR LEASE OF PARK TO AUT$ORITY: CONTRACT. FOR PAR'C SERVICES : T~~?EN. P.EF ERLNDUA4 REQUIRED 3EFORE CERTAIN CONTRACTS MADR. Each county, municipality and other public body is hereby authorized and empowered: (2) To convey or lease to any authority crested hereunder, with or without consideration, any park upon such terms and conditions as the governing body thereof shall determir_ed to be for the best interests of such county, municipality or other public body; (b) To contract with any authority created hereunder for park services; provided, however, that no political subdivision shall enter into any contract with an authority involving payments by such political subdivision. to such authority for park service which requires the political subdivision to incur an indebtedness extending beyond any one fiscal year, unless the question of entering into such cotract shall first be submitted to the qualified voters of the political subdivision for appz~oval or rejection by a majority vote of such qualified voters voting in an election on such question; provided that nothing herein contained shall prevent any political subdivision from making a voluntary contribution to any authority at any time. ,~ In"the event that the governing body of a political subdivision shall desire to contract with an authority under the provisions of paragraph (b) of this section, such governing body shall adopt a resolution stating in brief and general terms the substance of the proposed contract for park services and requesting the circuit court, or any judge thereof, in and for the county in which such political ~ j subdivision is located to order an election upon the question of entering into such contract. A copy of such resolution, certified. by the clerk of such governing body, shall be filed with the judge:- of such circuit court who shall thereupon make an order requiring the judges of election on the day fixed in such order, not less than ten days nar more than thirty days from the date of such order, to ~~ open a poll and take the sense of the qualified voters in tY.e political subdivision on the question of entering 'into such contract. Notice of such election in the form prescribed by the judge of the _ . circuit court shall be published at least once in a newspaper of ' general circulation in the political subdivision at least ten days before the election. The regular election officers of the Political subdivision, at the time designated in such order authorizing such vote, shall open the polls at the various voting places in the political subdivision,. and shall conduct such election in such manner as is provided ;.>y law for other elections. The question to be submitted to the voters for determination shall include the names of the political subdivision and the authority- be+..+aeen. ~,>hom the contract a_s proposed.; and the • • -7- nature, duration and cost of such contract. The votes shall be counted, returns made and convassed as in other special elections and the results certified by. the commissioners of election to the circuit court of the county or judge thereof in vacation. If it shall appear by the report of the commissioners of election that a majority of the qualified voters of the political subdivision voting on the question approve such contract for park services, the .Circuit court or a judge thereof in vacation shall forthwith enter an order authorizing the governing body of the political subdivision to - enter into such contract. (190, p. 1248; 1956; c. 474>) SECTIO:Q 15714.10. REVED?LTE BO~iDS < Each authority is hereby authorized to issue, at one time or from time to time, revenue bonds of the authority for the purpose of acquiring, purchasing, constructing, reconstructing, improving or extending parks and acquiring necessary land or equipment therefor, and revenue refunding bonds of the authority for the purpose._of_refunding any revenue bonds outstanding under the provisions of this chapter. The bonds of each issue shall,be dated, shall mature at such time or times not exceeding forty years from their date or dates and shall bear interest at such rate or rates not exceeding five per centum (5/) - per annum, as may be determined by the authority, and may be made redeemable before maturityr a-t the option of the authority at such price or prices and under such terms and conditions as may be fixed- by the authority prior to the issuance of the bonds. The authority shall determine the form of the bonds, including interest coupons to be attached thereto, and the manner of execution of the bonds, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest, which may be at any bank or trust company within or without the Commonwealth. In case any officer whose signature or a facsimilie of whose signature shall appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or such facsimilie shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery, Notwithstanding any of the other provisions of this chapter or any recitals in any bonds issued under the provisions of this chapter, all such bonds shall be deemed to be negotiable -- instruments under the laws of the Commonwealth. The bonds may be issued in coupon or registered form or both, as the authority may determined, and provisions may be made for the registration of any' coupon bonds as to principal alone and also as to both principal - and interest, and for the reconve-s•sion into coupon bonds of any ,...bonds registered as to both principal and interest. The authority may sell such bonds in.such manner, either at public or private sale, and for such price, as it may determine to be for the best interest of the authority, bu•t no such sale shall be made at a • price so low as to require the payment of interest om the money received therefor at more than five per centum (5%) per annum, .. ,~ ~J -8- computed with relation to the absolute maturity or maturities of the bonds in accordance with standard tables of bond values, excluding, however, from such computation the amount of any premium to be paid on redemption of any bonds prior to maturity. The resolution providing for the issuance of revenue bonds, and any trust agreement securing such bonds, may also contain such limitations upon the issuance of additional revenue bonds as the authority may deem proper; and such additional bonds shall be issued under such restrictions and limitations as may be prescribed by such resolution or trust agreement. Bonds may be~issued under the provisions of this chapter without obtaining the consent of any comriission, board, bureau or agency of the Cbmmontaealth of Virginia or of any political subdivision and without any other.proceedings or the happenings of other conditions or things than those preceedingst conditions or things which are specifically required by this chapter. Bonds issued under the provisions of this chapter shall not be deemed to constitute a debt of the Commonwealtr~ or of any political subdivision of the Co~-nmonwealth of a pledge of the faith and credit of the Commonwealth or of any political subdivision of the Commonwealth, but such bonds shall be payable solely from revenues of the authority as provided herein. (1956, c. 472.) • y . 1 ,~~~~14151fi~~~8 y~, ~1 `._ -~ ~ ~ ~. 0. ~.J~.X ~~ I ~~ C C7 _ ~1 cam. S c ~,~- L.e,~ c~-~ ~<<1 V ~ sL ~Q ~a ~ ossZ ~ ~°~ ~ ~~~ C~ d ~ ~ ~ . ~~~ Y S w~ ~ ~ ~ ~~ MRS. G. P. TAIT 2531 Brookwood Road BON AIR, VA. 23235 `' COUNTY OF EiET~1RIC~, TO-WIT: At a regular sxaeetiiig of the'' Board of County Supervisors of Henrieo Gottnty, held. at Room ~2i8, Heririco County Office Building, 21st and 'Main Streets, Richmond, Virginia, on~W~dnesday, the Z•?th day of April,. 1966,. at the hour of 2 o'clock p. m. e.:a.: t, PRESENT': SIMEt)N A. ~URNETTE, CHAIRMAN B. EAEZZ, DtT1VN, 1tZCE-CHAIRMAN EDWIN. H. R,~-C,vSI3AI.E ,Z,: RAY SHAIIWELL, JR„ MEMBERS fJF THE 84ARD. ~~xa~aa~+as~s On motion of B. Earl Munn, seconded 'by I., Ray Shaclweil, the following xe- solution, was adopted: `WIiERE•AS, ''the Surd. of Supervisors of .the. County-of Henrico recognise the need.for the .establishment of recreational areas .and public `parks in the Richmond metropolitan area°, and WHEREAS. the Richmond. metropolitan area is rapidly becomrig.more urbaniwed and desirable cites for recreational areas and public.parlcs are diminishing, and a serious abortage of such erase close exist, :and' . WHEREAS, there is con siderable.demand,from the;eitizene of tiie area•for the establishment of a syatern o~ parks and open epace,,and . WHEREAS; the Eichmond Regional Planning Goi~a~m®Bion• liar recommended, the establishment of a..R:egional Park Authorit}r made np 'of the`, G+eiuntea of `Henrico acid Gheeterfield and-the City of Richmond, xn accord~,nee with the Panic Authorities A'Gt of the. Cole a~f Virginia. NOW; • THEREFORE, Is3E IT` RESCLVED thRt the `Snarl of .Supervisors of the. County of Henri co favor :the establishment of a regional Park .Authority, as r.ecom- _ , mend by the ~Ricllmond Regional Punning' Commission in campi3ance with the 'V'irginia. Park Authorities Act of Chaptsr 27, ' Titie 1S; 1' of''the Cade of.'Virginfa, BE lT'FURTHER RESOLVED. that copies of this~resblution be•transmittecl`t`o;the ,Ghairxrian bf the~Board of Supezvsorsr,of the County:of Chesterfield and.to the I(ilaVnr•nf the [."itv nf:i~R;rhrrs All f~t.flw~'.7 nn~ae •w.l•~ea L^~idYw. }.....~:FS...`.: ..4... .. ~,-tt•i OFFICE OF E. A. BECK. COUNTY MANAGER • # COMMONWEALTH OF VIRGINIA COUNTY OF HENRICO 21@* AND MAIN STREETS• P. O_BOX 3V RICHMOND, VIRGINIA 2320) April29> 1966 '` Mr. Irvin G. Horner, Chairman Board of Supervisors , Chesterfield County Chesterfield Courthouse ' Chesterfield, Virginia Dear Mr. Horner: BOARD OF SUPERVISORS S_A. BVRNETTE, Cnaiaman B. EARL DUNN, Vice Cnaiaman EDWIN H_RAGSDALE L_R. BHADWELL, JR. E_ A_ BECK. Cou n'rv Man ac Fa The Board of Supervisors of the County of Hehrico at its meeting on April 27, unanimously approved a resolution favoring the establishment of a Regional Park Authority. The establishment of a Regional Park Authority is in accordance with the Park Authorities Act of the Code of Virginia and is recommended by the Richmond Regional Planning Commission. A copy of the resolution approved by the Board of Supervisors is attached for your consideration. , Very t my yours, E. A. "Beck i • Appomattox River Water Aut~iority 10 Pranitlin Street Petersburg, Virginia GEORGE F. BAASPffiLD Chairman oAVAL J• xAND Vice-Chairman M. W. BUANETT Secretary-Treasurer RGHEAT AITCBIE FYIED J. SWEAAINGEN May 3 , 19 6 5 To: Chairman, Board of Supervisors Amelia County Chesterfield County Dinwiddie County Attached wo this letter you will find copy of letter from Senator Fitzgerald Bemiss, Chairman of the Virginia Outdoor Recreation Study Commission. ,Senator Bemiss stresses the importance of acting now to pass the neces- sary zoning ordinances and the formation of a planning commission for the shore of the lake formed by the Appomattox River Dam. Mr. Chester F. Phelps, Executive Director of the Commission of Game and Inland Fisheries; Mr. Benjamin H. Bolen, Commissioner of the Division of Parks; and Mr'. Richard Dynes, Assistant Director of Industrial Development -and Planning all urged that action be taken to protect the area around the lake from objectionable enterprises. In fact, Mr. Dynes stated that his .de- partment would make a complete development plan for the area if the proper zoning ordinances were passed and if requested to do so .by the counties bordering the lake.. The Appomattox River Water Authority urges that the county commissioners profit by the mistakes of others and form a comprehensive plan so that the greatest possible benefits may accrue to the area from this development. Very .truly yours, OX RIVER WATER AUTHORITY GFB/m Enc. ~~/~ /f~2~ George F. Brasfield Chairman ., ~ ; ~ a N~~ ~ • e ~~JS L`LU/LSOO LS V ~ ~~~OO LS V ~ 1S L"YS+yS V ~S V U~3 v V `BOO ~~J~~~OO ~s V c , ~Ff ! f C5Q °~ O ~ O ~ ~o QUly1fLU.Uli11V~o V OINVIllNIILJ L~~G °V~3:TV~ °.C~U *lFFLO ~ April 26, 1966 Chesterfield County Board of Supervisors County of Chesterfield Chesterfield, Virginia Gentlemen: A welcome revival of interest in creating a Park Authority to help meet the open spoce and recreational needs of Chesterfield, Henrico and Richmond has led the Regional Planning Commission to renew its efforts in that direction. The subject has been carried on our Agenda under "Unfinished Business" since 1962. Accordingly, the Commission commends to you for earnest consideration a draft Resolution by which the Authority could be created. Concurrent action of the two Counties and the City is required. It is hoped that other contiguous juris- dictions may wish to participate in the effort in the not too distant future. The draft is based upon State Enabling Legislation approved by the Gen- eral Assembly of 1950. It is a product of three years of intensive work beginning in 1959 and of a Park Authority Committee which functioned in 1961 and 1962. In the way of background and follow-up, the Commission expects to: A. Complete a Regional Lond Use Plan in Mid-1966 with special emphasis on Open Space and Recreational Uses. B. Begin a detailed Open Space Plan and Acquisition and Development Program early in 1967 with an expected completion dote late in that year. This will ,include priority projects and cost estimates. C. Reiterate its previous offer to administer the Park Authority jointly with the Regional Planning operation so as to acheive maximum coordination and effeciency of manpower, space and equipment. Meanwhile there are no apparent reasons to suggest that the legal action required to establish the Park Authority cannot move full speed ahead. It is to this end that we offer our services in the interest of the Regional residents of both today and tomorrow. Respectfully submitted, ~~ ~~~ ~0:~~~ 4~~~~~ Robert J cbenicht Chairman This will acknowledge the receipt of y~`ur letter dated January 24, 1966 in which you so eloquently plear3ed for additional money for the Richmond Regional Commission. You will recall that the previous plea for funds was geared to the industrialization of the area. Now the request is for a program and planning study of the area. I think Chesterfield is willing to promote and support adequately a requested Planning Commission that v+ould study area problems under normal circumstances. Let me comment on each of the five studies you list in your letter: 1. Water Study The County of Chesterfieldhas been forced toseek other sources of water at some expense and has embarked on a program that will furni sh the County adequate water for the next twenty years or more. The water rat es charged by the City of Richmond make it highly un- profitable to consider the City as a permanent supplier of water. 2. Comprehensive Mass Transit Study: Chesterfield is willing to promote any such study to alleviate traffic donditions. However, it is our understanding that this program was under study at this time and was fully funded. 3(a) Regulations for Uniform Zoning Code for Subdivisions: We believe that the zoning requiremelt s in the City of Richmond are much different from the requirements in the County, and that the present zoning requirements in the County seem to meet current needs adequately. 3(b) Open Spaces: Much has been said and done concerning open spaces. There i s considerable disagreement existing as to the goals of such a program. This would involve, in my opinion, a political discussion more than a planning discussion at this time. 4. Area Park Authority: There is great hesitancy at this time to enter into such a pro gram and a general reluctance on everyone's part to admit that this matter cannot be solved within the locality. There are so many ideas concerning such a venture that here again the discussion may be more political than pla nning. 5. Street Naming Du¢~lications: This involves as far as Chesterfield is concerned little time and little work and should not be cause of any increased operational appropriation. Chesterfield in every way wants to do its sha re in the community and wants the community to progress in an orderly and efficient manner. The cooperative spirit should not be promoted in one aspect and let slide in many others. Should you wish amplification of any of these points, I will be most happy to di scuss them with you. Most sincerely yours, r ~ y [~'~"Mi~` ~ i; j [i[[uo x[ o0 r4 F ~r i f~r~[to ~ ~ ~ r ~ ~~ ~t\,''f , i,'.r r n,.tl~ti_~^7~~A1~~ ~ll~~ m~i_l_, ! r(il iy ,; ~•.,~i?~ti.~`. +^ 1 i r a~il~,~,,r klpyc%~ [__ __ 'r-at _r r~'~1 ~~;[\%t~i`'°.~i~ ~>l~~~~19` .: t~._ -,~ ~i1o ~:... _. ai!.l/~~WP~ ~, t' tl.. _ 4Ec i 3~i ~ci[[ I;~: \'_4'~_4""4ps~jl4~~~ x''~v.4t;',~ •.^r. 4'~'-~~7E.S',r SUMMARY OF ADVANTAGES FOR PARTICIPATION IN A REGIONAL PARK AUTHORITY Administrative Advantages 1) Regional parks located in the County will serve citizen demand, thus lessening burdens on the County to meet these increasing demands on its own. 2) The County will be able to exercise control over proposed facilities without bearing direct administrative personnel burdens, much like it already controls commercial recreation facilities without such administrative responsibilities. 3) The County Board of Supervisors will have approval power over the location of any proposed park facilities within its jurisdiction. The Board of Supervisors appoints and re-appoints representatives to the park authority (as do the other jurisdictions) and these men would most likely be most responsive to the appoint- ing member -not at all like the school board situation. The Board of Supervisors also approves,disapproves, or modifies requests for per capita contributions from the park authority. If a need is shown for services, which the County wishes the park authority to assume and which would require an indebtedness beyond one fiscal year, it could only be done through an issuance of bonds. The Board of Supervisors would make this decision and then the people would vote on the issue. All of these points emphasize the control which may be exercised by the Board of Supervisors and insures that the park authority would be responsive to its wishes. Needs 4) While it is true that there is a great deal of open space in the County, it is often difficult and time-consuming to obtain permission for the use of this open space. ' This discourages many groups, such as scout troops, from spending more time in our beautiful outdoor areas. 5) Again admitting to the fact that much open space now exists in Chesterfield County, the County is developing rapidly and there is a need to protect the open space we now have . ...:.,r.•>...;ia-.T.-+2m.v^°a?n. ... .~..~-.+?e~-..-.~....~-~r-r++.,e..,I•...ro-.....m. m~-....a.-..,.--.~.;•.w .,.r-~..~~..:.ca...~».,,,^..-.mwwo.....V .+..-n•....,.v-,,.......~~.-. ,. .;.w.me-.^n.;-........~-;n^-.r-e~+-,-..+-~'.' _ - ~ ~t i. •I, ~. -2- 6) While some may argue about the availability of federal funds at this time, we must remember that it will probably take several years for the park authority to be in a position to obtain such funds, no matter if it is created now or later. Therefore, the sooner we start the better it will be. Economic Advantages 7) ~ Because the economics of major outdoor recreation and open space facilities are not always favorable for private enterprise, government has assumed this respon- sibility to meet citizen needs. Economic benefits will be realized indirectly by the County, as the park authority will seek to acquire such facilities in advance of need once the existing needs gap is closed, and thus, avoid rising land costs. 8) The park authority .would provide a more economically advantageous use of im-. plementation tools. One example is that a direct five per cent saving will be realized via extended eligibility for open space programs at the state and federal level. 9) User fees, which a park authority may (and probably will) charge, offer a further control over facilities and help defer costs. It might be difficult to charge user fees for County parks, but not for parks operated by a park authority. 10) Coupling the above savings with added tax revenue from properties whose values ~. have increased due to location near a regional facility is another direct economic benefit. 11) Many economic advantages will accrue to the County as planned open space in relation to other development can serve to alleviate congestion and, thus, the necessity to continually be concerned will widening traffic arteries for example. 12) Open space and recreation facilities are often given priority in establishing criteria for industrial development. Such development would increase the County's tax base. 13) Tourism is an increasirigly important economic benefit to many Virginia localities. Chesterfield possesses many historic and scenic attractions which would increase - ._... tourist activity and spending in the County. 14) In joining a park authority the sharing of cost will probably be on a per capita basis. This coupled with the fact that little land is available in Richmond means that most . regional park facilities would be in the counties and would benefit County residents more than city residents because of accessibility. ..,,,e~...,m-.~..A...,-~.--.....•.~~. ~ ~' ~. '} ~. -3- Other Advantages ` 15) The County, because its resources are limited, will not be able to save all of its aesthetic lands for citizen enjoyment. Participation in the park authority will allow for more such lands to be preserved for future generations, thus helping to ` insure a satisfying living environment. 16) Conservation areas will help insure an adequate and pollution -free water supply. Such areas require large trdcts which would be difficult for the County to preserve alone. 17) The County could benefit in the conservation of more of its .historic, scenic and ..natural resources for recreation, flood control, wildlife protection and conservation. 1 ' ~,. ,' .. ..,.-.~.ra-a,,....~---,T...,~,,~,..~.-...,w, .,.,_.-.....Y...._..~......,,.--..-~.-~b,p-~,~...s..~.,.m.,.. ,.n.,...,-,_.,.. .. . . '~:. ~ ; - ' ~.,. ,. _,~, . i~: ,~ Pt32°e G• Dc:T373y' W2ait© 4544 S2~.rley Ptd. R.c~udm Ua. 23225 Dear Mr, t.tes ~ ~ , ~ ~' ~ ' ~ ~ 2 ~ ~ - ~ ~ j ~ , l 7 ' ~ j ~ fl~fg~~1;;;~;, ~i~':~5 vv e' b~~ )Y ti'y b256 Ftalstead Rd. Fi~.o~+mond9 Va. 23235 fuse 12t 196$ tie urCe you to vote for 'the Iiegioaal ParkA Authority, bt® htave boon rea3dente of tho fhcford seatiou of Chmstorfie3.d Gouty for five years card realize t23c ~°eat zeod for a anetropolitar~-wide plan for estalalish~.ug parks atad reortion. areae L"very o3t~ is experia~~eiu~ a population eas~alos3.o~a Aad rapid e~atis3o~ arerEaud its perimster~ 1JnileAS a ecsapreha~sive plats is for~a.2atsd €ud laid acqu`+.sitiQ~ be~.~ it~sd~.atsly~'rapid growth zrZ1Z st~llo~r up all open nr~ss• To cite an e~mpl®. P~ril.wtatakes9 ~tisco~aim~ is recogra3.zed as having ase o£ the , f3~aest parts syst~ns in ttie world. It org3.zed back iu tie 1930+s suoP a par& authority Eseompams3xiG tI~e city of P3ilt~mutcso pltza al]. of it;8 subtarbs arad surrotuxditag towaship~ wl•tich trove then mais].y rural. It €~egtaired parts sates, ntri.ps of Ind ad~oi~.sag orselss a>zd. x°ivere for parkcraye throtagZiout tlio rural arm. Thc~ im tls® ~.O+s~ 50+s, atad 6o+s ti~esc~ esit®a i~rere do<rcloped as flag populsatia~a bocrna ~oeesaitatexl them. This also etahaueed tutaeh reel. estatE -- lots across f'rtvn proposed perks and p~rkc~r~ Meru extre?nely depirdble. Beat ti~i.s t~nan poa~.ble o~l~ bcaaues there tms ~. oc~prehestsivc~ plan tH~t cut across al]. political divis3:aas Let+z3 faEe facts. Ri~iornd~ Fi®nz^ieoy a~ad Ches'~®r£e3d anti ©rgasi.cally nse ta~9.t rc~~ardless of flier many ~;ov®r~~ntal >a~ts. Just us tl3ere cottLd be ~o coherent, expressway system t~thout all threE tati.ts cooporatirsg' dust sa there eot>1.d be a:o sg~f.f eaut p~k Nyst~n. Let' a tat:e tkae long viewe Let,'t•3 sot- f'rittcr awway this ehat3co to crtte a livablee I~mua~sc~e9 urban area for our ehildre~ ar_d their £~.lies. tde aws it to thmtl if sot to ottrselvea. Sincexc~ly yotarmy Mr• nod Pia°n• Jan ~ B. Border CCs Chcasts~ic~ld Bva~d of napervisore DOUGLAS B. FUGATE. COM MI9810NER (i. L. BAUG HAN, LURwY, VA. W. RANSDELL CHILTON. LANCwBTER, Va. W. FRED DUCKWORTH. NORFOLK, Vw. F.ARL A. FITZPATRICK. ROwNOKE. Va. GEORGE G LAN DRITH, ALE%AN Dnrw, Vw. LAWRENCE H. Mc WANE. LY,uc NDURC, Va. W. M. BCLATE R, JR.. MARION, VA. ROBERT 5. WEAVER, JR., VICTORIA, Vw. L. R. TREAT, JR. DISTRICT ENGINEER ~ON~VEALTH- ,!t \ fNT ^` 9„ S } - ~PNPf0.T~„` '~ ts.! ~L a! , ryes DEPARTMENT OF HIGHWAYS RICHMOND, VA. 23219 dune 13, 1968 JOHN E. HARWOO D, DEPUTY COMMISSIONER & GRIEF ENGINEER A. B. EURE. DIRECTOR OF ADMINISTRATION A. K. HUNSBERGER, DIRECTOR OF ENGINEERING J. V. CLARKE. DIRECTOR OF OPERATIONS W. B. G. BRITTO N. DIRECTOR OF PROGRAMMING ANO PLANNING IN REPLY PLEASE REFER TO OFFICE OF DISTRICT ENGINEER PETERSBURG, VIRGINIA 23004 P, O, Box 8887 Richmond, Virginia Board of Supervisors, Chesterfield County Chesterfield, Virginia $ttention: N,;r, M, W, Burnett, Exec. Sec. Dear Mr. Burnett: With reference to your resolution of April 10, 1968 requesting a study for the needs of additional lighting at the intersection of route 60 and 892, Please be advised that this request has been reviewed by our District Traffic Engineer and the Central Office and after studying the site they do not feel that special lighting is warranted. It is noted that all the signs are reflectorized and are in good condition. The intersection will be .kept under surveillance and if the 'situation changes I am sure that corrective action will be taken. Yours ,vhry y , U/~ , V, La aster, III ' Resident Engineer RVL:lc cc- Mr, FY~ank Isbell, Traffic & Planning OF VIR~i~ ~~ ~~.tt. '. ".f.:..F'. q~~~~~fZ~5147~~~~~ ~ ~~~` 1958 ~~ c~c R~L'~~~~,~ BOr~,p~~~~~~RS v A HIGHWAY IS AS SAFE AS THE USER MAKES IT ~~ • G~MMONWEAI..T,._._H~~QF~`JIRG1N ~- I J 4 APA. T968'-3 x x x xxxxxxxxx .~".~ x~ixi~inc4~Stxx~cnncxxx ~ AUDITOR OF PUBLIC ACCOUNTS XX RXx xxyd.YBdIXxXXxxXxR ys © ~ ,~~ XRXAxXxXR7[X XXx RRRXRRA j € ~. •Q, `+ '~ ~ P. O. BOX 1295 Y.9[~Xy,.]~PX~7X7[[xYxX;M;,,)7)CYCX $a$gNgXgg ggx~XXXR h,.~ _ °eMrea 4 ~~ 't RIC NMON D. VIRGINIA 23210 xX'X)PXRR X7CX XX~R7P R3IxXXXx ~-,.,~ ~ ~.,.,-+~r^- XRXRR.WOXSYXMXdCRXRx%xxX ~"" ~ XXxRXXXXXXXXXXXX XXXXR ~~` "~"'--" '"""`-"'~~ 7oseph S. James, Auditor John M. Purcell, Jr., Assistant MEMORANDUM T0: EXECUTIVE SECRETARIES AND/OR CLERKS OF BOARDS OF SUPERVISORS SUBJECT: WORKMEN'S COMPENSATION INSURANCE ON GLERKS AND EMPLOYEES OF COUNTY COURTS Ladies, and Gentlemen: June 12, 1968 On April 10, 1968, the.Attorney General,gave~me an•opinion.with respect to Workmen's Compensation Insurance coverage on Judges; and, employees of County Courts. The full opinion is cited below. From this opinion you will note that•the Attorney General holds that_ .pubes, officers, clerical assistants and other employees of the county_ covered by the-provisions of the workmen-'s compensation law and are be employees of the counties in which their services are employed and in Wllll'fl Lneir compensaLlonls.earnable It.is.his••further.~opinion.tIiatthe premiums for this insurance would.be•payable b the county,.. in:.the event insurance is the It is, therefore, suggested that, coverage. of these employees of the County Courts (other than Judges, Associate Judges.and,.Subs,titute J,udges).be included in the Workmen's Compensation, Insurance,coyerage carried on other. county employees. The amounts of compensation,paid;to the.personnel~.of the•,.Cour s will be obtainable from the office of the Judge of the County Count:, I have been advised that the rate applicable to these employees will-be 6~ per, $100.00 ofcompensation for coverage prior to July 1, 1968, and the effective. rate,on~.polcies issued."on and after that date will be 5fi per $100.00. Should where be any further information you may wish,.you•may let us know. ~~~'~2~~~~-_ 5 I j\ S ince ely :yours , O'~ -'(f,~ ~ .ate r~ C~~ IJ,',,~~yy~~f-L~~ ~ AUDIT R,,OF. PUBLIC OUNTS S~ jf~~~~~'~~~~;:`;~11a'' JS J:ap ~~~~,b~:~~~~~~f~~ COMMONWEALTH OR,VIRGINIA_,. Office;,_,of ;~. THE•ATTORNEY. GENERAL.; Richmond,! Apri1.10, 1968• My dear Mr. James:. This is in reply to your recent .letter. ,in which you_.indicate that the Committee of Judges, appointed under the-provisions.•,of.~ 14.1-40 of the Code of Virginia to fix the salaries .of ,the .judges..and,other, personnel of the county (over,) courts, desires an answer to the following question: "The Committee has asked that I request ar. opinion from you as to whether the judges and the clerical staff of the County Courts should be covered by Workmen°s Compensation Insurance, and, if so, what agency of the State should contract for and pay the premiums on the insurance and from what appropriation should the premiums be paid?" A copy of § 65-4 of the Code of Virginia is enclosed. This section de- fining the word "employee," indicates those persons who are covered by the pro- visions of the Workmen°s Compensation Act of Virginia, contained in Title 65 of the Code, The second sentence thereof provides as follows: "Policemen and firemen, and sheriffs and their deputies, town and city sergeants and :town and city deputy sergeant s, county and city _.commissionersof the revenue, county and city treasurers, attorneys for the Commonwealth, clerks of courts of record, juvenile and domestic relations courts and county and municipal courts, and their deputies, officers and employees, shall be deemed to be employees of the respective cities, counties or towns in which their services are employed and by whom their salaries are paid or in which their com- pensation is earnable." - In my opinion, it is clear from this sentence that the .clerks, deputies, of- ficers, clerical assistants and other employees of the county courts are covered by the provisions of the workmen°s compensation law. and are deemed to be employees of the counties in which their services are employed and in which their compensation is earnable. Therefore, in my opinion, any benefits pay- able to these personnel under the provisions of the workmen°s compensation law would be payable by the appropriate county. See, City of Richmond v. Johnson, 202 Va. 33, 36. This, of course, would include the payment of premiums for workmen°s compensation insurance, in the event that insurance is.the method adopted by a county to provide the protection required. (See, §§ 65-100, et seq., of the Code.) Additionally, you will note that the word "employee," as defined in § 65-4, includes "the officers and members of the National Guard, the Virginia State Guard and the Virginia Reserve Militia, registered members on d°aty or in training of the United States Civil Defense Corps of this State, the forest wardens, the judges, clerks and other employees of regional juvenile and domestic relations courts and all other officers and empployees of the State ...," (Emphasis added:) In my opinion,'judges of county courts are State of- ficers. See, City of Richmond v: Johnson., 202 Va. 33, 36; Burch v. Hardwicke, 30 Gratt. (71 Va.) 24, 34, 32 Am. Rep'. 640; Lambert v'. Barrett, 115 Va. 136, 140, 78 S.E. 586. Therefore, judges of the county courts are protected by the Workmen°s Compensation Act. Premiums for. workmen°s compensation insurance for county court judges should be paid from the appropriation made by the General Assembly from the criminal fund to effectuate the provisions of § 14.1-43 of the Code, in the event that insurance is-the method chosen to provide the protection required. Sincerely yours, /S /Robert Y. Button Robert Y. Button Attorney General ONWEALTH- OF ViR~i~ I - ~ ~~ 61 ~ a). ~ -'. ~ ,' ~. DO VGLAS B. FUGATE, COM MISSIONEa G. L. BAUG HAN, LURAY, Vw. W. RANSDELL CMILTON. LANCASTEfl, VA. W. FRED DUCKWORTH, NORFOLK. Vw. EARL A. FITZ PATRICK. Ro ANO KE, VA. GEORGE C. LAN DRITH. ALEXANORIw, VA. LAWRENCE H. MCWANE, Lr NCHBU RG. Vw. W. M. SCLATE R, JR., MARION, VA. ROBERT 5. WEAVER, JR., VICTORIA, VA. June 11, 1968 JOHN E. NARWOO D, DEPUTY COMMISSIONER & DNIEF ENGINEER A. B. EURE. DIRECTOR OF ADMINISTRATION A. K. HUNSBERGER. DIRECTOR OF ENGINEERING J. V. CLARKE. DIRECTOR OF OPERATIONS W. 5. G. BRITTON. DIRECTOR OF PROGR4MMING ANO PLANNING IN REPLY PLEASE REFER TO Secondary System Addition - Chesterfield County Board of Supervisors of Chesterfield County Chesterfield, Virginia 23832 Gentlemen: As requested in resolution by your Board on December 21, 1967, the following addition to the Secondary System of Chesterfield County is hereby approved, effective May 1, 1968. ADDITION LENGTH SOUTHAM SUBDIVISION. SECTION °1B": Bagwell Drive - from intersection of Chiswick and Bluffton Roads and running west 0.07 mile to Joliette Road (Route 2050). 0.07 Mi. Sincerely, . E. Harwood,. Deputy Commissioner Copies: Mr. A. S. Mattox Mr. P. B. Coldiron Mr. C. A. Palmer Mr. L. R. Treat, Jr. Mr. H. R. Perkinson Mr. R.. V. Lancaster, S ~P 5 JEhPE0.T'YE~ ~ ..~ ~ ,T~"'~"R ~ DEPARTMENT OF HIGHWAYS RICHMOND, VA. 23219 III -Chesterfield == ~o~'~D111~y~, j t~ "`!~ 1908 ~'- Bp~~~~1 ~E® a e f E~ p jam' ~? `~ ~ s , ice,. ~~nl;'~/ A HIGHWAY IS AS SAFE AS THE USER MAKES IT L k)S'« ~'~ ri~'a ~q~~qb a (3 x'Cb'9~.~; .~:c~ ~~~~, .'~~J~3 L~x~~4D sx.~€~ ~:~~s ~s.~sa~.~':~~;a~:os~~ ~~~ ~ ea~~e t~~ac~~ t~~h.~c°sa ~~~.~I iys.~ b; {? ~s'~iq~ '~"~±Ll~ ~71~.3~~A'2~C~ t7Gtl~.~ @9E9a~Sl~"$.1~. ElS f1 £&i,#iit'~ tAA2~.L~i i+"'GD 4~~,t:d.~ '~~:c~ ~~s ::DC3G ~~i~ ~> c~ ~~~~ ~.~ ~v~~m ~~~ave.~:.~~;s~~~4 ~~ d~,~,. ~a~~~ _ - -~ ;-_ q.151Fi~71,9 ~~, ~9 G~fSTfllfi~e~~cly sa s'yc ~l~a°f~ ~' ,~~ C~ May 6, 1968 Mr. F. F. Dietsch County Supervisor Manchester District Chesterfield, Virginia Dear Sir: • In a telephone conversation with you in regard to the vandalism experienced by me, and more particularly by my neighbor, Mr. YJilliam Troxell at 3043 Windsorview Drive, it was suggested that a letter be trritten to set forth some of the acts which could be presented to the committee. During the past five years the police have been called many times. Some of the reasons are as follows: Eggs thrown at the door and windows Pumpkins thrown against the door Porch lights broken Vulgar words made on the front lawn with inflammable fluid and set on fire, causing the words to be visible for many weeks Damage to automobile parked by house 44ai1 boxes and posts being demolished The yard used as a dump for beer cans and garbage It is suggested that a street light be erected on an existing Virginia Electric and Power pole for the purpose of lighting the trouble area. The neighbors in the immediate area; Mr. L. H. Hopkins at 3046 Windsorview Drive, and Mr. E. B. Luck at 3038 Windsorview Drive, have orally expressed no objection to a light, but believe it may help to alleviate the trouble area. Your comsideration in this matter is greatly appreciated. Yours truly, Doyle G. Drummond 3035 Windsorview Drive o~r`~ ~s~,,~.~ ~ ~~ • • Mrs. R. CORBIN DORSEY 2626 S. LYNN STREET ARLINGTON, VIRGINIA 22202 ~~~~~D,.151F l1/~» ~~ ~r!A ao gp~~~'1 ~~~cU J ; S'~ y~~'IY ti , ~~ ~ - ~.~Q~~~bl~ June 12, 1968 Board of Supervisors Chesterfield County Chesterfield, Virginia Gentlemen: Last week while visiting my 81~-year old mother, Mrs. W. A. .Ehrlich, who lives along at 2831 Parkdale Road, Richmond, Virginia (next to the Bensley Volunteer Fire Department) and who is an invalid in a wheelchair, I telephoned the Courthouse and spoke with Mr. Long~yer of the Engineer's Department, regarding a request for a street light to be installed at the intersection of Parkdale Rd, and Wentworth Ave. It is a very dark and unsafe area where many homes are situated back off of the road, such as my mother's. I believe if a street light were placed at this intersection it would certainly afford sons protection and security for those residents in the area. On many occasions I have noticed cars would stop at this corner, or in the vicinity, at bights, and sometime would park for long periods of time. The lights from the Fire Dept, and the street light at the intersection of Dundas and Wentworth affords light for residents in that area and I am well aware that it is a dangerous corner as far as traffic is concerned and a. light is justified. However, I have noticed where areas are more populated and homes located closer together, street lights are installed. I have reference to Wentworth Ave/ up the hill from Dundas Road. It would afford mother and I am sure other residents in the area if you would take this matter under consideration and have a street light placed at Parkdale Rd, and Wentworth Ave. A pole is already at this intersection but do not know what use is made of it unless it is an electric light pole. Any consideration you can give this matter will be most appreciated by my mother, myself and I am sure many of the neighboring residents. My father died last October and Mother feels she wants to live on there where she has spent so many years. 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