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12-08-1976 MinutesPresent: Mr. E. Merlin O'Neill, Chairman Mrs. Joan Girone, Vice-Chairman ~tr. J. Ruffin Apperson Mr. Lee O. Falwell, Co. Admin. VIRGINIA: At a regular meeting of the Board of Supervisors of Chesterfield County, held at the Courthouse on December 8, 1976, at 9:00 a.m. Also Present: Mr. Stan Balderson, Principal Planner Mr. John H~, Right-of-Way Agent ~rs. Susan H. Heatherly, Secretary Mr. C. G. Manuel, Asst. Co. Admin. Mr. Ste~e Micas, County Attorney Mr. Bobert Painter, County Engineer Mr. Michael Ritz, County Planner Mr. James Schiavo, Zoning Inspector Mr. Dave Welchons, Asst. Co. Eng. Mr. W. L. Wingfield, Admin. Asst. ~he Vice-Chairman called the meeting to order. Mrs. Girone gave the invocation. On motion of Mr. Apperson, seccnded by Mr. Bookman, it was resolved that the minutes of Nov. 12th, 17th, 23rd and 29th were approved. Ayes: Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. The Board of Supervisors this day approved all claims presented t~o the County for the month of November, 1976, and authorized the Treasurer of the County to issue warrants as follows: Total Amount General Fund Check 143794-144486 Revenue Sharing Fund Check 143807-144462 T,i brary Fund Check 143820-144487 Check 143197-144481 County Garage Check 143806-144484 Storeroom Check 143972-144398 Workmen' s Compensation Check 144396 Check 143792-144488 Social Services Check 143414-144788 Nursing Home Check 143812-144773 Library Construction Check 144352 School Operating Check 143821-144768 1976 School Bonds Construction Check 143822-144627 1975 School Bond Construction Check 143824-144627 $139,175.48 $94,256.58 $16,293.14 $14,606.03 $2,211.39 $255.48 $204.00 $1,180.19 $106,528.20 $18,723.14 $53~154.40 $504,831.49 $155,374.30 $366,042.41 School Payroll Deduction Check 143828-144643 County Payroll Deduction Check 143909-144480 Utilities Check 015776-015858 Water O~eratin~ Check 015747-015874 Water Imp. Rep1. Ext. Check 015750-015851 Water Meter Deposit Check 015817-015819 Water Meter Installation Check 015760-015856 Utilities Storeroom Check 015747-015870 Ettrick Utility Check 015868-015873 Sewer Revenue Check 015776-015858 Sewer Operating Check 015753-015875 Sewer Debt Fund Check 015866 Sewer Irgpr. Repl. Ext. Check 015752-015879 Sewer Bond Construction Check 015757-015877 Utilities Workmen ' s Corg?ensation Check 015825-015847 Brandermill Sewer A~isition Check 015803-015876 Brandermill Sewer Operating Check 015868 Brandermill Sewer Debt Check 015872 Total Amount $244,117.89 $213,469.91 $176.79 $14,297.08 $6,412.29 $110.00 $6,098.49 $10,433.56 $77.04 $118.80 $21,380.62 $237,750.00 $299,023.42 $282,398.02 $47.40 $190,533.82 $21.05 $8,546.49 Mr. Bookman requested that the Board proceed with the Powhite Parkway discussion and the kennel ordinance. Mrs. Girone stated she would rather take up these matters as they are sdneduled on the agenda. Mr. (bvingtcn of the Highway Department came before the Board to discuss road matters. ¥~. Bookman thanked Mr. Covington for moving the signs at Walmsley Boulevard and Turner Road and inquired about double lining on Courthouse Road. Mrs. Girone stated the public hearing for the relocation of Rt. 147 is scheduled for January 18, 1977. Mrs. Girone stated she had received a request about the possibility of turning the traffic light off at Cloverleaf in the mornings during rush hour. Mr. Covington stated the lights could not be turned off. Mr. Myers stated he had received a request to have the remaining portion of Burgess Road taken into the State Secondary System of ~Dads~ After further discussion, it was cn motion of Mr. Myers, seconded by Mr. Apperscn, resolved that the Highway Department be requested to take into the State Secondary System of Roads the remaining portion of Burgess Road. Ayes: Mr. O'Neill, Mrs. Gircne, Mr. Apperson, Mr. Bookman and Mr. Myers. Mr. Falwell stated he had received a letter from the National Park Service requesting a resolu- ticn from the County giving the State, to be owned and maintained by the National Park Service, State Route 1438 at Fort Darling. Mr. M/cas stated a public hearing WOuld have to be held to abandon this road. After further discussion, it was on motion of Mr. Myers, seconded by Mr. Apperson, resolved that the County Attorney was authorized to advertise for a public hearing the abandonment of State .Route 1438 at Fort Darling to be held on January 26, 1977, at 10:00 a.m. Ayes: Mr. O'Neill, Mrs. Gircne, Mr. Apperson, Mr. Bcokman and Mr. Myers. Mr~ Falwell stated there had been received a request to vacate a portion of a 50' right-of-way knc~n as Victoria Lane in Arsenal Hills from Edgar J. Be~, Jr. and Beverly W. Beamon, et al. Mr. M/cas stated there was some questic~ to whether the request had been properly advertised. It was agreed to hear the vacation later in the day when it had been determined whether the vacatio~ had been properly advertised. Mr. Painter presented to the Board a copy of a Program to Improve Lagoon Performance to be sent to the State Water Cc~trol Board by De~ember 17, 1976. He further stated that an operating report will be filed in three m~mths on the lagoons. Mr. Welchons stated Mr. Elie had requested a sewer connection on River Boad; that the Engineering Department had reconmmnded an 8" line be'extended at Mr. Elie's expense and if he agreed the fee would be waived. Mr. Welchons stated that no~ Mr. Elie would like a private service line to his home and would agree to pay a $300 ccnnection fee. After further discussion of the matter, it was on motion of Mr. O'Neill, seconded by Mr. Bookman, resolved that a private service line be run to Mr. Elie's property at his expense and he pay a $600 connection fee. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. It was on notion of Mrs. Girone, secc~ded by Mr. Myers, resolved that the following Ordinance to vacate a portion of Victoria Lane in Arsenal Hills was approved as amended. An Ordinance to vacate a portion of Victoria Lane, pursuant to Par. 15.1-482 of the Code of Virginia. WHEREAS, Edgar J. Beamon, Jr. and Beverly W. Beam0n, his wife, and other interested property owners have petitioned the Board of Supervisors of Chesterfield County, Virginia, to vacate a portion of the unimproved 50-fcot, more or less, right-of-way known and designated as Victoria Lane as shc~n on plat of survey by J. K. Tinnums, Engineers & Surveyors, dated July 11, 1955, entitled Arsenal Hills, recorded in Plat Book 9, pages 76-77, Clerk's Office, Circuit Court of Chesterfield County, Virginia, a portion of which is attached hereto and made a part hereof by this reference; and WHEREAS, the 50-foot, more or less, road right-of-way known as Victoria Lane is unim- proved and serves no useful public purpose and its vacation does not abridge the rights of any citizen; and WHEREAS, notice of the adoption of this Ordinance has been given in accordance with Par. 15.1-431 of the Code of Virginia, 1950, as amended; NOW, THEREFORE, be it ordained by the Board of Supervisors of the County of Chesterfield, Virginia: 1. 5hat the 50-foot, more or less, right-of-way known as Victoria Lane is unimproved and serves no useful purpose and its vacation does not abridge the rights of any citizen. 2. That pursuant to Par. 15.1-482 of the Code of Virginia, 1950, as a/rended, the portion of the uninproved 50-fcot, more or less, right-of-way as described abcve and shown on the attachec plat of J. K. Tin'nOns, Engineers & Surveyors, dated July 11, 1955, be and hereby is vacated sub- ject to the retention by the County of Chesterfield of a 16 foot utility easement as shc~n on the attached plat. 3. %hat this Ordinance shall be in full force and effect in accordance with Par. 15.1-482 of the Code of Virginia, 1950, as amended, and a certified copy thereof, together with the plat attadled, shall be recorded in the Clerk's Office of the Circuit Court of Qhesterfield County, Vir~nia, pursuant to Par. 15.10485 of the Code of Vir~nia, 1950, as amended, and shall be indexed in the name of the County of Chesterfield as grantor and Edgar J. Beamcn, Jr. and Beverly W. Beam~l, et al, as grantees. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookmsn and Mr. Myers. It was here noted that Mrs. GirOne requested the County Administrator work out a p~ocedure to make vacations of roads, etc., a snoother operation. On motion of Mr. Bookman, seccmded by Mr. Myers, it was resolved that the County Attorney institute condemnation proceedings against the property owners listed below if the anount offered by the County as set out opposite their names is not accepted. Be it further re- solved that the County Administrator notify the said property owners by registered mail at the discretion of the Right-of-Way Department, of the intention of the County to enter upon and take the property which is to be the subject of the said ccndenmation proceedings. An emer- gency existing, this resolutic~ shall be, and it was thereby declared in full force and effect iranediately upon passage. Michael S. Kolevzon and Victoria Kolevzcn (to be paid from Account 73-330-224.0) S76-2 8T/A $465.00 Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. It was cn motion of Mr. Myers, seccnded by Mr. Bookman, resolved that the following resolution was approved: Be it resolved by the Bo'ard Of Supervisors of the County of Chesterfield, Virginia, in regula~ meeting assembled that the Chairman of said Board be, and he hereby is authorized to enter into a supplemental agreement with the Seaboard Coast Line Railroad Company, and to sign sa~e on behalf of said Colmty whereby an agreement dated June 10, 1976, between the said Rail- road Company and said County covering the installation and maintenance of sewer mains, lines of pipe on or across the rights of way and underneath the tracks of said Railroad Company at Centralia, Virginia; is amended to indicate the correct material and conduit size of the encase- ment pipes, as more particularly set forth in said supplemental agreement, which supplemental agreenmnt is dated November 29, 1976, a copy of which is filed with this Board of Supervisors. Ayes: Mr. O'Neill, Mrs. Gircne, Mr. Bookman and Mr. Myers. Mr. Ritz introduced a resolution on the Tri-Cities Transit Study stating this would not be a commitment to guarantee subsidy; it would be showing the County's support of the study. After further discussion, it was on motion of Mr. O'Neill, seconded by Mr. Bookman, resolved that the following resolution was approved: Whereas, it has become evident that the Tri-Cities Goaches, Inc., which presently provides transit service to the area of the County adjacent to the Tri-Cities SMSA, will in the near future go out of business; and Whereas, a document entitled Transit Technical Stud~: Tri-Cities, Vir~nia, described the problems and opportunities for continuing transit service in the Tri-Cities area which study has been duly considered in the formulation of this resolution; Now, therefore, be it resolved, that the Chesterfield County Board of Supervisors desires to maintain the existing level of transit service in this area of the County with the option at some future date to increase the level of service and recognizes that this service will be sub- ject to successful negetiations between the Oounty and the City of Petersburg if the City is to be the o~ner and the operator of the transit syste~ in the Tri-Cities area. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. It was agreed to discuss the Powhite Parkway Extension later. Cn motion of Mrs. Girone, seconded by Mr. Appersc~, it was resolved that a $100.00 Petty Cash Fund be established for the Airport in the name of Dennis A. Parker, Petty Cash. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. On notion of Mr. Apperson, seconded by Mr. Myers, it was resolved that the Data Processing Director be authorized to purchase used furniture totaling $2,826.25 from Advanced Industrial Design. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. On motion of Mr. Apperson, seconded by Mrs. Girone, it was resolved that $1,707.00 be appropriate~ frc~ A~co~t 11-189-199.5 to the John Tyler Connmmity College as the County's share to support the College's Fiscal 1977 Budget. Ayes: Mr. O'Neill, Mrs. Gircne, Mr. Apperson, Mr. Bookman and Mr. Myers. On motion of Mr. Apperson, seconded by Mrs. Girone, it was resolved that the County pay the Virginia Association of Counties dues in the amount of $6,120 for the year 1976-77. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. Mr. Falwell stated he had received a request from Chief Eanes to reappoint Mr. Jacob Van Bowen as District Chief for 1977 for the Bon Air Volunteer Fire Department. Mrs. Girone stated she felt Mr. Van. Bowen had done a great job and was delighted he was willing to accept reappointment as District Chief. It was on motion of Mrs. Girone, seconded by Mr. Apperson, resolved that Mr. Jacob Van Bowen was reappointed as District Chief of the Bon Air Volunteer Fire Department for the year 1977. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. It was on mDtion of Mrs. Girone, seconded by Mr. Bookman, resolved that the setting of a meeting date with the District Fire fhiefs would be deferred until after the first of the year. Ayes: Mr. O'Neill, Mrs. Gircne, Mr. Apperson, Mr. Bookman and Mr. Myers. It was on motion of Mrs. Girc~e, seconded by Mr. Apperson, resolved that the following persons were appointed to the Mental Health/Mental Retardaticn Chapter 10 Services Board from the Midlothian District: 1. Mrs. Rid%ard Wilson of 2600 Cherrytree Lane to serve from December 8, 1976 until December 31, 1978. 2. Mrs. Gerald Beach of 13511 Salisbury Road to serve a three year term beginning January 1, 1977. Ayes: Mr. O'Neill, Mrs. C~rone, Mr. Apperson, Mr. Bookman and Mr. Myers. Mr. Bookman stated he would like to defer appointments from his district until December 20th. It was on motion of Mr. Bookman, seconded by Mr. Myers, resolved that the following erroneous tax claims were approved for payment: Oscar S. Hastings, Jr. John J. Hanky, Jr. Allan B. Clarke, Estate John P~ Radford, Jr. Erroneous Assessment for 1st half of 1976 Erroneous Assessment for 1st half of 1976 Erroneous Assessment for 1st half of 1976 Refund County License $ 41.92 13.76 542.08 8.75 Ayes: Mr. O'Neill, Mrs. Gircne, Mr. Appersc~, Mr. Bookman and Mr. Myers. It was on motion of Mr. Bookman, seconded by Mr. Myers, resolved that the game claim of Mr. Lee Charles ~3son was approved in the a~Dunt of $158.00 for the destruction of 8 hogs. Ayes: Mr. O'Neill, Mrs. Giz~ne, Mr. Apperson, Mr. Bookman and Mr. Myers. It was on m~tion of Mr. Apperson, seconded by Mr. Bookman, resolved that the bing~ and/or raffle permit for the ~adcwbrook High School Athletic Association was renewed for a period of one year. Ayes: Mr. O'Neill, Mrs. Girc~e, Mr. Apperson, ~. Bookman and Mr. Myers. Mr. Ritz read the proposed resolution on the Pc~hite Parkway Extension--which is in support of Line "E". Mr. Bookman questioned if the public would be allowed to speak. Mr. O'Neill stated this was not a public hearing--it was for Board discussion only. Mr. Myers stated he understood Cabell Venable was present to request a deferral on a decision. Mrs. Girone stated she and Mr. Venable had discussed the possibility of deferring the matter, but she had decided to proceed with a request to support Line "E". She further stated the proposed resolution was an expression of the feeling of the g~verning body; that it would be forwarded to the Highway Department where the Highway Cor~ssion would make the final decision, a resolution is just a part of the process and not the beginning or end. Mr. Bockman read the following prepared statement addressed to the Board: "In nil opinion, the annexation line in 1969 should have shown all of us that endorsing or imposing decisions on the people, when the decision rests with others, is not our function as a Board. A stand by any supervisor is appropriate, but a beard action added to the travesty of hc~ this corridor has come about, is going to separate this Board from the people and it is not necessary as the Virginia Department of Highways has not formally requested such action. Let us set tha record straight. Powhite is not going to be built 90% to 95% federal funding. It was designated in June, 1976, to be funded as a primary road, 70% federal and 30% State funds. To say building Powhite and establishing it as priority will not slow down ny proposal of alternatives (building Route 288, Route 10-four laning, full cloverleafs at Routes 60 and 360, widening Routes 60 and 360 all the way to Route 288, and building 1-95, if selected), all coming from the sams primary road fund is misleading and untrue. Our share of primary funds this year in ~hesterfield is approximately $3.2 million which would not build the cloverleaf at the mall. The cost of Powhite's filet phase is $14 million today, add five years cost to this phase, the cost will exceed $20 million, State share is 30%. If Powhite were completed in twelve years, totally, as proposed, the cost is in excess of $70 million, State share 30%. The fhippenham project of four lanes is about ready to be built, which is about two years of primary road funding. Pc~nite as presented in the news madia is not mostly in Mid[lothian District, only 2.8 miles +, the remaining 7.3 miles_+ is in Clover Hill District. The acting chairman stated on this podium two weeks ago today to soma of our citizens here today 'we are in no rush to act on Powhite'-- 'sommtime in the future' 'we have not even received the reports from the Virginia Departmant of Highways on citizen input, and we still have not. The representatives of Midlothian District in a letter of Novenber 28, to cc~stituents stated a build-up of a "no build" position that neces- sitated the urc3~n~ of selecting Line E, this should tell us all somathing. Is this Board going to ignore the peoples' input in this decision? Not ma, I heard it for nine hours at public hearings. Two last and seriously inl0ortant points. The manner in which Line E got on the map. October 25, 1972, records stated a public hearing was advertised to approve a General County Plan, nothing specific about proposed corridors for highways. No one showed at this hearing prob- · 'ably because the advertisement did not address proposed highways specifically. Later the santo day three supervisors Mr. Myers, Mr. Homer and Mr. Apperson voted "aye" to reconlrand the preference of Line E to the Highway Departnmnt. Opponents of both Corridors A and E have stated that lawyers have been hired and are going to take legal action on a decision of either route and where are we going to be--litigated farther and farther away from relief of a seroius traffic problem as proposed to be remadied by a con- crete corridor with three cloverleafs dunping and funneling double the amount of vehicles to a specific point that is at present capacity during peak periods. Fellow Board Manbers, I urge you to state your individual thoughts publicly, but not as a Board action. Let this decision be made by the sole authority and decision maker for highways, the Con~issioners, and faith that their decision will be the right one." It was on motion of Mrs. Girone, seconded by Mr. Apperson, resolved that the following resolu- tion be approved: WHEREAS, the present Board of Supervisors has not yet taken a position concerning a pre- ferred location for the extension of Powhite Parkway; and WHEREAS, the Board is fully acquainted with the issuas, positions, and testimony of all interested parties; and and WHEREAS, the two previous Boards of Supervisors unanimously favored LINE "E"; and WHEREAS, the County's General Plan has shf~n the LINE "E" corridor for Powhite Pazkway; WHEREAS, the Regional Transportation Plan shows LINE "E" as the corridor for Powhite Parkway; and WHEREAS, many landc~ners and developers have made significant comnitr~nts in the "good faith" belief that LINE "E" would be chosen. NOW, qt{ERE~DRE, BE IT RESOLVED that the Chesterfield County Board of Supervisors prefers that Powhite Parkway be extended into the County on LINE ~'E" and that the Highway Departmmnt make their location decision as soon as possible. Mr. Apperson stated his reasons for seconding the motion were 1) movemant of people; 2) somathing should be decided; and 3) his experience in the area of plarming roadways tells him it is the best thing to do. Mrs. Girone stated planning for this road began in 1965 and it was a good plan; that lack of funds may have been reason a decision has not been made before; that she has supported and requested the widening of Routes 60 & 360 and installmant of cloverleafs but thru traffic cannot continue through rural roads (Pinetta, Buford and Jahnke Roads); that an e~pressway is needed. Mrs. Girone further stated her responsibility as a Supervisor is to respond to the wishes of citizens and to do her homework; that it is not an easy position to take--some people will be upset and it would be very easy to say I'm not going to get involved, but in considering the best interest of the O0unty the road is needed. Mr. Bookman stated he would be derelict if he was not in favor of good planning. Planning had started in 1965 and %p until 1971 Cbrridor A was the Board's choice and he objected to Line E being on the Co~qty map when it has not been decided where the line is going; that people don't realize the devastating effects an expressway can cause; that he too is representing the citi- zens and feels they don't want an e~pressway; that funding will be depleted if Powhite is extended. Mr. Bookman further stated he did not understand the urgency of a decision being made since a final report has not been received from the Virginia Department of Highways on the public hearings that were held. Mrs. Girone stated she felt funding would be taken care of by constructing the Parkway as a toll road; that alternates to Line "E" were required by the Federal government. Mr. Ritz stated that since 1971 when he came to work for the County. Line "E" has been the Board's choice; that the Board requested the Highway Department to look into the costs of other corridors and in 1971 it was decided Line "E" was the cheapest route to take and would affect the least number of residences. Mr. Bookman stated he could not see hew anyone can call developers unscrupulous when we are in reality confiscating and disallc~ing the use of land and also how can we tell people Line "E" might go in when the Highway Department may go with another corridor. Mrs. Girone stated she felt the word is integrity--that the Board has done all it could to let the people know of Powhite and feels the Board cannot legislate integrity. Mr. Myers stated being from the lower end of the County, it was not for him to decide what · should be done about roads and planning; that supervisors are first County Supervisors and then District Supervisors. He further stated he could not understand why he should receive so mudn correspondence on the issue and not let others know about it; that he has been through the area and supports 100% the recon,t~ndation that the Board request the Highway Department proceed with Line "E". Mr. Myers 'further stated he personally feels there will always be a local need for Powhite, at least to Rt. 60; that he supported it when he came on the Board and still does; that if the Board is wrc~g in its decision the Highway Department has the ex- pertise to determine what is right. Mr. Myers further stated he was concerned with transpor- tation and the lack of roads; and feels without any hesitancy that he must express hin~elf and not wait to v~te to approve Line "E". Mrs. Girone stated the resolution is for the full extensian and not just to N~ute 60; that when a major highway is proposed it is the responsibility of the governing body to respond. Mr. O'Neill stated he did not feel the previous Boards tried to mislead anyone in any way, shape or fashion nor did he feel there has been any inconsistency of the Board c~ the issue. He fur- ther stated that a lot of planning had to go into cc~sideration of major highways and the people of the County have responsibilities as well as the Board. A vote was tekan: Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Myers. Nays: Mr. Bookman. A poll of the Board was taken: Mr. Myers voted aye. Mrs. Girone voted aye. Mr. Apperscn voted aye. Mr. Bookman v~ted nay. Mr. Myers voted aye. ~he motion passed by a 4-1 margin. Mr. Falwell read the proposed resolution to construct Powhite as a toll road. Mr. Apperson stated he takes an exception to the construction of the Powhite Parkway as a toll road; that a study made by the RMA two years ago stated a toll road was not feasible; that the Board is defeating the purpose of the resolution just approved supporting Line ,E"; that terrible backups are caused at toll booths. Mr. Apperscn also stated that he personally did not want to see another toll road approved; that additional personnel would have to be hired which would prevent any profit being made. M~s. Girone stated she had researched the matter and the original study had not been completed; that before Mr. Fugate of the Highway Department retired, he suggested the toll road again since traffic flow was exceeding what had been anticipated; that if approved, it would be a Highway Department Bc~d Issue maintained from Highway Funds and not County funds; that this resolution was just asking the State Legislators and Delegates to ask the 1977 General /~sembly to support legislation to permit the Highway Department to construct the Pc~hite Parkway as a toll road; that it does not mean it will be done--it is just the feeling of the governing body. After further discussion, it was on ration of Mrs. Girone, seconded by Mr. Myers, resolved tha~the following resolution be and it thereby was approved: WHEREAS, the Chesterfield County Board of Supervisors supports the extension of Powhite Parkway into the County as soon as possible; and WHEREAS, there is the possibility that the extension can be in whole or in part built as a toll road and if so built ~ould be constructed nore swiftly; and WHEREAS, the Virginia Department of Highways and Transportaf_ion can build and operate toll roads only with the consent of the Ceneral Assenbty and the Governor;. NC~, THEREFORE, BE IT ~SOLVED, that the Chesterfield County Board of Supervisors supports the constructicm of Powhite Pazkway ~s a toll road and hereby requests the State Senators ~and Delegates representing Chesterfield County to introduce and support the approp- riate enabling legislation in the 1977 Session of the General Assembly to permit the Highway Department to construct Powhite Parkway as a toll road. Ayes: Mr. O'Neill, Mrs. Girone and Mr..Myers. Nays: Mr. Apperson and Mr. Bcoknt3n. A poll of the Board was taken: Mr. Myers voted aye. Mrs. Girene voted aye. Mr. Apperson voted nay. Mr. Bookman upted nay - c~ gesture. Mr. O'Neill voted~ aye. ' %he notion was passed by a 3-2 margin. Mr. O'Neill stated this time and date had been set fo~ a public hearing to approve an Ordinance relating to applications for kennel licenses which was passed on an emergencf basis November 10, 1976. Mr. Micas reviewed the Ordinance stating the only change in the present ordinanoe would be that the applicant would no longer be required to supply the Treasurer with a zoning certificate prior to obtaining kennel licenses from the Tzeasurer. Several persons, including Mr. H. B. Witt, Mr. Jordon and Mr. Robert Burton, were present to ask questions about the present dog ordinance. Mr. O'Neill informed the audience that a com- mittee headed by Mr. Bookn~n and conl0osed of citizens had been formed to review the present ordinance and make reconmendations to the Board on amendments to improve the ordinance. Mr. O'Neill further stated that any citizens having any suggestions, should write letters to either Mr. Bookman, the County Administrator or any of the other Board men~oers for consideration by the committee.~ After further consideration, it was cn notion of Mr. Myers, secc~ded by Mr. Bookman, re'solved that the following Ordinance was approved: "An Ordinance to amend and reenact Section 5-14 of the Code of the County of Chesterfield, 1975, as amended, relating to applications for kennel licenses. BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) %hat Section 5-14 of the Code of the County of Chesterfield is amended and reenacted as follows: Sec. 5-14. Vaccination certificate to accompany application for license. Every owner applying for a license for a dog shall exhibit to the treasurer of the county a vaccination certificate issued in the form prescribed by the county health officer and showing that the dog was vaccinated at some time during the thirty-six nonths prior to the first day of the year in which application for licenSe is made with a mpdified live virus approved by the cotmty health officer or showing that the dog was otherwise treated for inmunization against rabies within twelve menths prior to the first day of the year in which application for the license is made by such other nmthod or treatment approved by the county health officer. No license shall be issued for a dog if the owner fails, refuses or neglects to e~hibit such certificate to the county treasurer. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Appersc~, Mr. Bookman and Mr. Myers. On motion of Mrs. Girc~e, seconded by Mr. Apperson, it was resolved that the requests of the Personnel and Salary Advisory Committee as presented and filed with the papers of the Board were approved. Ayes: Mr. O'Neill, Mrs. Gircne, Mr. Apperson and Mr. Myers. On motion of Mr. Myers, seconded by Mr. Apperson, it was resolved that the following budget changes were approved: 1. Appropriate $4,670 from the Unappropriated Surplus of the General Fund to 11-104-104.0 Co~p. of Assistant Planners. Appropriate $1,245 from the Unappropriated Surplus of the C~neral Fund ho: 11-104-220.0 Travel $ 765.00 11-104. 221.0 T~ition 480.00 TOTAL $1,245.00 3. Appropriate $3,094 from the Unappropriated Surplus of the General Fund to ~1-130-109.0 Clerical. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson and Mr. Myers. On motion of ~{r. Appezson, seconded by Mr. Myers, it was resolved that the Board went into Executive Session for consultatic~ with legal counsel. Ayes: Mr. O'Neill, Mrs. Gircne, Mr. Apperson and Mr. Myers. Reconvening: 76S204 Mr. Dalton B. Thornton requested a mobile home permit to park a mobile home on property which he owns and better known as 9524 Jefferson Davis Highway. Tax Map Sec. 81-12 (3) Quail Oaks, Sec. 2, Lot 2, Block 5 (Sheet 23). There being no one present in opposition, it was on motion of Mr. Myers, seconded by Mr. Bookman, resolved that this request for a nobile home permit was approved for a period of two yeaz%~. Ayes: Mr. O'Neill, Mrs. Gircne, Mr. Apperson, Mr. Bookman and Mr. Myers. 76SR218 Mr. William Seid requested renewal of a mnbile home permit to park a ~pbile home on property which he owns and better known as 8809 Jefferson Davis Highway. Tax Map Sec. 81-4 (1) Parcel 23 (Sheet 23). There being no one present in opposition, it was on mt_ion of Mr. Myers, seconded by Mr. Bookman, resolved that this request for a mobile home permit was approved for a period of two years. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. 76S2 39 Mr. Garland R. Bowell requested a Variance to use a lot, which fronts along an unimproved public road, for dwelling purposes. This lot fronts along the west line of Pamona Avenue (unimproved) and is located 100 feet north of its intersection with Maywood Avenue. T.M. Sec. 98-5 (2) Bellmeade Block 9, Lots 59-62 (Sheet 32). Mr. P~ell stated he was purchasing two adjacent lots which would increase the square footage of his property to 20,000 sq. ft. After further discussion, it was on motion of Mr, Myers, seconded by Mrs. Girone, resolved that this request was approved. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. 76S230 Mr. Garland R. Bowell requested a mobile home permit to park a mobile home on property which belongs to Henry Meyers and better known as 10544 Ramona Avenue. T. M. Sec. 98-5 (2) Bellnmade, Blk. 9, Lots 59062 (Sheet 32). There being no opposition present, it was on motion of Mr. Myers, seconded by Mr. Bookman, resolved that this request for a nDbile home permit was approved for a period of two years. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. 76S189 Mr. Hardaway Marks, representing Mr. Graham S. Webb requested a Variance to use a lot, which fronts along an unimproved public road, for dwelling purposes. This lot fronts along the north line of Riverview Rpad (unimproved) and is located 1,600 feet southwest of its intersection with Enon Church Road. T. M. Sec. 135-13 (2) Cameron Farm Resub. Lot 45 (Sheet 42). Mr. Marks stated he was representing Mr. Spires also who is selling the property. Mr. Donald Stokes was present in opposition to the request representing himself and Mr. & Mrs. Beckwith. Mr. Stokes stated he presently is allowing Mr. Spires to use an 8' private road easement across his property for access to Enon Church Road aind does not want additional traffic coming across his property; further that he did not feel it would be suitable for development until water and sewer is available. After much discussion of a road access, and the fact that previous variance requests for this same area have been denied, it was on motion of Mr. Myers, seconded by Mrs. Girone, resolved that this request was denied. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. 76S231 Mr. John H. Williams requested a Variance to use a parcel of land, which has no public road frontage, for d~elling purposes. This parcel lies 1,200 feet off the north line of Happy Hill B~ad, measured from a point 2,000 feet east of its intersection with Branders Bridge Road. T. M. Sec. 132-2 (1) Parcel 9-1 (Sheet 41). Mr. C. R. Pilley was present in opposition, stating the house would be too close to his property and would interfere with his privacy. Mr. John Williams and his brother, Mr. C. W. Williams stated the location of the house had been moved and would not be next to Mr. Pilley's property line. Mr. Pilley then stated he did not want anyone using his road for access to Happy Hill Road. After further discussion, it was on motion of Mr. Myers, seconded by Mr. Bcokn~nn, resolved that this request was approved subject to a private road outlet being constructed to Happy Hill Road frc~n Point A to Point B with the County not responsible for ra~intenance and also subject to Mr. C. W. Willian~ granting a private road easement to his brother Mr. John Willian~. 76S232 Jim Walter Homes, Inc. requested a Variance to use a parcel of land, which has no public road frontage, for dwelling purposes. This parcel lies 300 feet off the west line of f~ester measured from a point 750 feet south of its intersection with Kingsland Road. T. M. Sec. 81-3 (1) Part of Parcel 17-1 (Sheet 23). Mr. Myers stated he had received a letter from Mr. Walter Walker stating there was a sickness in the family and could not be present. After further consideration, it was c~ motion of Mr. Myers, seconded by Mr. Bookman, resolved that this request for a Variance was approved subject to a 20' private road easement being dedicated from Point A to Point B. Ayes: Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. 76S2 33 William R. Wills requested a Variance to use a parcel of land, which has no public road frontage, for dwelling purposes. This parcel lies approximately 400 feet off the north line of West Providence Road, measured from a point 1,500 feet west of its intersection with Loch Braemar Drive. T.M. Sec. 38-12 (1) Part of Parcel 3 (Sheet 14). Mr. Wills was present. Mr. Bookman stated he did not want to approve this request unless a public road was dedicated from Mr. Wills' property to Providence Road. After further discussion, it was on motion' of Mr. Bookman, seconded by Mr. Myers, resolved that this request was deferred until January 12, 19 77. Ayes: Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. 76S234 and 76S235 Lynn L. Davis requested a Variance to use a parcel of land, which has no public road frontage, for dwelling purposes. This parcel lies at the western terminus of Gilling Bad. T. M. Sec. 52-9 (1) Part of Parcel 17 (Sheet 15). John L. Ruckart, Jr. requested a Variance to use a parcel of land, which has no public road frontage, for dwelling purposes. This parcel lies at the western terminus of Ja~son Road. T. M. Sec. 52-9 (1) Part of Parcel 17 {Sheet 15). Mr. Davis and Mr. Ruckart were present. Mr. Dodson, representing Mr. Home, stated they were not opposed to the request; they were just concerned that Mr. Home would be cut off if the 50' rights-of-way were not dedicated. There being no opposition present, it was cn motion of Mr. Bookman, seconded by Mr. Myers, resolved that these Variances were approved subject to the conditions recol~i~ended by the Planning Staff. Ayes: Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. 76S236 and 76S237 R~bert R. Martin, Inc. requested a Variance to use a parcel of land, which has no public road frontage, for dwelling purposes. ~his parcel lies 300 feet off the north line of Cogbill Road, measured from a point 2,300 feet east of its intersection with Belmont Boad. T. M. Sec. 65-9 (1) Part of Parcel 6 (Sheet 22). R~bert R. Martin requested a Variance to use a parcel of land, which has no public road frontage, for dwelling purposes. 5his parcel lies 250 feet off the north line of Co~0itl Road, measured from a point 2,300 feet east of its intersection with Belmont Road. T. M. Sec. 65-9 (1) Part of Parcel 6 (Sheet 22). Mr. Martin was present and there being no opposition present, it was on motion of Mr. Bookman, seconded by Mr. Myers, resolved that these Variance requests were approved subject to the con- ditic~s recc~nended by the Planning Staff. Ayes: Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. 76S238 Ms. Myra A. Campbell requested a Variance to use a parcel of land, which has no public road frontage, for dwelling purposes. This parcel lies 850 feet off the south line of Old Buckingham t%Dad measured from a point 200 feet east of its intersection with Warminster Drive. T.M. Sec. 16-7 (1) Parcel 9 (Sheet 7). Ms. Campbell stated she was planning to purchase the parcel from Consolidated Inudstries, and further stated she had received permission from Mr. Horace Shepp to use a private road ease- ment across his property to attain access to Petty Rpad. Mr. Tom Kimary, representing the homeowners in Olde Coach Village, came before the Board in opposition. Mr. Kim~ry presented a petition signed by 21 homecwners in opposition to this request for reasons being: 1) the house might not conform with homes in the area; 2) it would require opening a new street; 3) fencing would have to be installed for the safety of children; 4) there would be an increased security risk; 5) a previous request had been denied and the Planning Commission reco,~l.ended denial of this request. Mrs. Girone stated she felt the concerns of the citizens were valid and from the standpoint of good planning, does not feel this is the best use of the land. After further discussion of other alteznates, it was cn notion of Mrs. Girene, seconded by Mr. Myers, resolved that this request was deferred until January~ 12, 1977. Ayes: Mrs. Girone, Mr. Bookman and Mr. Myers. 76S240 Mr. Darrell Kent Adkins requested a Variance to use a parcel of land, which has no public road' frontage, for dwelling purposes. This parcel lies 4,600 feet southwest of the terminus of Okuma Drive. T. M. Sec. 135-5 (2) Bermuda Ochre CO. Part of Lot 8 (Sheet 42). Mr. Myers stated that since Mr. Adkins had lived here before and wanted to return and there was no objection from Mr. Butler, it was on motion of Mr. Myers, seconded by Mrs. Girone, resolved that this request for a Variance was approved. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman andMr. Myers. 76S241 Mr. Joseph G. Sauer requested a Variance t~ use a parcel of land, which has no public road frcmtage, for dwelling purposes. This parcel lies 4,600 feet southwest of the terminus of Okuma Drive. T. M. Sec. 135-5 (2) Bemnuda Ochre CO. Part of Lot 8 (Sheet 42). Mr. Sauer was present. Mr. Myers stated the Board had previously agreed not to approve any more variances in the area until deeds of dedication and the survey had been completed. After much discussion of the matter, it was on motion of Mr. Myers, seccmded by Mr. Bookman, resolved that this request was deferred until March 9, 1977 in order to get the survey nmde and deeds of dedication recorded. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. Mr. O'Neill stated this time and date had been set for a public hearing on a proposed Ordinance relating to adult book stores, adult mini-notion picture theaters, adult motion picture theaters, and massage parlors. Mr. Micas reviewed the proposed Ordinance, stating it was modeled after the Detroit Ordinance which was upheld by the Supreme Court. There being no opposition present, it was c~ motion of Mr. Bookman, seconded by Mr. Myers, resolved that the following Ordinance was approved: "An Ordinance to amend Chapter 21 of the Code of the County of Chesterfield, 1975, as amended, entitled the ,'County Zoning Ordinance" by amending Sections 1-4 and 19-3 thereof, relating to adult book stores, adult mini-ration pi~cture theaters, adult notion picture theaters, and massage parlors." Proposed Text Amendment %19 to the Zoning Ordinance of the County of Chesterfield, Virginia Add to Sect/on 1-4 the following subsections: (~a) (~) (lC) (57A) (74A) (74B) "Adult Book Store: An establishment having as a substantial or significant portion of its Stock in trade, books, magazines, and other periodical s which are distinguished or characterized by their emphasis on matter depicting, describing or relating to 'Specified Sexual Activities' or 'Specified Anatomical Areas', or an establishment with a segment or section devoted to the sale or display of such material." "Adult Mini-Motion Picture ~neater: An enclosed building with a capacity for less than 50 persons used for presenting material distinguished ~or ch.aracterized by an emphasis on matter depicting, describing or relating to 'Specified ~exual Activities' or 'Specified Anatomical Areas', for observation by patrons therein." "Adult Motion Picture Theater: An enclOSed building with a capacity of 50 or mDre persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to 'Specified Sexual Activities' or 'Specified Anatomical Areas', for observation by patrons therein." "Massage Parlors: Sar~ as defined in Section 13-1 of the Code of the County of Chesterfield, Virginia." "Specified Anatomical Areas: (1) Lass than completely and opaquely covered: (a) human genitals, pubic region (b) buttock, and (c) female breast below a point in~oadiately above the top of the' areola; and (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered." "Specified Sexual Activities: (1) Human genitals in a state of sexual stimulation or arousal; (2) Acts of h~meun mastufoation, sexual intercourse or sodon¥; (3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast." Add Section ].9-B the following: (3) Adult Book Store. (4) Adult Mini-Motion Picture Theater. (5) Adult Motion Picture Theater. (6) Massage Parlor. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. Mr. O'Neill stated this time and date had been set for a public hearing on a proposed Ordinance relating to Police Investigations of Detectives and Detective Services. Mr. Micas reviewed the proposed Ordinance, stating that effective November 1, 1976, the General Asserdoly preempted local authority to regulate detectives and private security guards in favor of a state regu- latory schene administered by the Departmant of Professions and Occupations. Mr. Micas further stated that the proposed Ordinance terminates any responsibility of the Police Chief to inves- tigate the qualifications of detectives. There being no oppOSition present, it was on motion of Mr. Apperson, seconded by Mr. Bookman, resolved that the foll~ing Ordinance was approved: "An Ordinance to amend and reenact Section 12-3 of the Code of the County of chesterfield, 1975, as amanded, relating to Police Investigations of Detectives and Detective Services." BE IT ORDAINED by the Board of Supervisors of chesterfield County: (1) That ~12-3 of the Cbde of the County of chesterfield is amended and reenacted as follc~: Section 12-3. Oertain permits required from police daief. Every person desiring a license under the provisions of this chapter for acting as a madicine vendor or desiring to sell or offering to sell at retail pistols or revolvers, or a night club operator shall first apply to the chief of police for a permit and shall produce to the chief of police evidence of the good character of the individual, the members of the firm or the chief officers of the corporation,' as the case may be. It shall thereupon be the duty of the chief of police to make a reasonable investigation of the character of the individual, or of each member of the firm or of each officer of the corporation, as the case may be, be of good moral character and fit to engage in the proposed business, he shall issue the permit. The form of the application for the permit and the form of the permit itself shall be prepared and furnished by the chief of police. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. Mr. O'Neill stated this t/me and date had been set for a public hearing on a proposed Ordinance to amand the Code of the County relating to the license tax for fort~etellers. Mr. Micas requested a deferral ~til the ordinance could be properly advertised. It was on motion of Mr. Apperson, seconded by Mr. Bookman, resolved that the proposed ordinance relating to license taxes for fort~netellers was deferred for proper advertisement. Ayes: Mr. O'Neill, Mrs, Girone, Mr. Apperscn, Mr. Bookman and Mr. Myers. Mr. O'Neill stated this ~ and date had been set for a public hearing on a proposed Ordinance relating to the age limit of certain meabers of rescue squads. Mr. Micas stated that the Bensley Bermuda Vol%mteer Bescue Squad had requested that 16 year olds be allowed %o ride on ambulances as a .third member cnly; that the Ettrick-Fatoaca, Manchester and Bensley ~escue Squads had v~ted in favor of the proposed ordinance but Forest View Rescue Squad was opposed, stating they felt 16. was too young, especially in OB cases. Mr. Gilbert Elliott, President of the Bensley-Bermuda Rescue Squad, and three other squad members were preseht in fa~Dr of the proposed ordinance. Mr. Elliott stated he did not feel OB cases were emergencies; that the junior nmmbers would have to be approved by the entire organizatic~ upon the recon~endation of the operating and training officers; that a third person would be of benefit in heart patient cases; that the junior members are covered by the same insurance as the senior members. Gary Morrissett of the Bensley-Bermuda Rescue Squad stated the experience the junior menbers would be getting Should be taken into consideration; that junior members tend to put more of their heart into their work. Mr. Bookman questioned whether 17 years old would be alright on ambulances an~? 16 years old on the crash truck. Mr. Elliott stated 16 year olds ride on fire trucks and must realize that there is adult supervision. Mr. O'Neill stated that since three rescue squads were in favor of the proposed Ordinance, maybe we should try it and if it does not work, repeal it at a later date. There being no opposition present, it was on motion of Mr. Apperson, seconded by Mr. Bookman, resolved that the following Ordinance was approved: 'lAn Ordinance to amend and reenact Section 3-3 of the Code of the County of (~esterfield, 1975, as amended, relating to the age limit of certain men~ers of rescue squads." BE IT ORDAINED by the Board of Supervisors of f~esterfield County: (1) That Section 3-3 of the Code of the County of Chesterfield is amended and reenacted as follows: Sec. 3-3. Same--Aqe limit of members. No such permit shall be issued to any person under the age of twenty-one years or to any firm, o0rporation or association which has a member or ~embers under the age of twenty-one years, except, however, such volunteer rescue squads may establish junior rescue squads. 5he minimum age limit of such junior rescue squad members shall be fifteen years. Such junior ~embers may participate in the activities of the squad as "stand-bys," and perform such other miscellaneous duties as adult members of such rescue squads may direct. Any junior rescue squad member of a junior rescue squad who has attained the age of eighteen years, holds an advanced first aid card, and when such junior member has been approved by the membership of his senior rescue squad, may be permitted by such squad to ride ambulances or other such emergency vehicles as the second member, when the other member is a senior squadman and driver of the %~_hicle. Any junior rescue squad mer~ser of a junior rescue squad who has attained the age of sixteen years, holds an advanced first aid card or its equivalent, and when such junior member has been approved by the membership of his senior rescue squad, may be permitted by such squad %o ride ambulances or other such emergency vehicles as a third men~er only. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. Mr. O'Neill cc~mended the rescue squad members on the fine job they are doing in the County. Mr. O'Neill stated this time and date had been set for a public hearing on a proposed Ordinance relating to personal property taxation of m~bile homes. Mr. Micas reviewed the proposed ord- inance stating that in July, the General Assembly passed legislation requiring that mobile homes must be designated as a separate classification of perscnal property and must be ta~ed at the same ratio and rate of assessment as is applied to real estate. Mr. Micas further stated the County has been granted the authority to prorate ta~es if a n~bile home n~es into the County after January 1, 1977. After further discussion and no cae present in opposition, it was on ration of Mr. Apperson, seconded by Mrs. Girone, resolved that the following Ordinance was approved to be effective on and after January 1, 1977: AN ORDINANCE TO AMEND AND REENAC~ SECTION 8-13 OF ~ CODE OF THE COUNTY OF CHESTERFIELD, 1975, AS AM~qDED, AND TO ADD SECTION 8-13.1 TO THE CODE OF 5HE GOLNTY OF CHESTERFIELD, AS AMS~DED, RELATING G~ERALLY TO THE PERSONAL PBOP- ERTY TAXATION OF M~BILE HORS BE IT' ORDAINED by the Board of Supervisors of Chesterfield County: (1) ~hat Section 8-13 of the Code of the County of Chesterfield is amended and reenacted as follows and Section 8-13.1 is added to the Code of the County of Chesterfield as follc~s: Sec. 8-13. Payment. (a) 5he tangible personal property tax levied on personal property, including mobile homes, situated in the county shall be due and payable on June 5 of each calendar year. Any person failing to pay any such ta~es ~n or before the due date shall incur a penalty thereon of five per centum which shall be added to the a~Dunt of taxes due from such taxpayer which, when collected by the ~reasurer, shall be accounted for in his settlements. (b) All returns of tangible personal property, including m~bile homes and n~chinery and tools subject to taxation shall be filed by every person liable for the tax with the office of the conmissioner of revenue, on forms furnished by it, on or before March 1 of each calendar year. Any person failing to file such return on or before the due date shall incur a penalty thereon of five per centum which shall be added to the and%mt of ta~es or leview due from such taxpayer, which when collected by the treasurer, shall be accounted for in his settlements. (c) Neither of such penalties shall exceed ten per centum of the tax assessable or due on such property or the sum of two dollars, whichever shall be greater, and the assessment of such penalty shall not be deemed a defense to any criminal prosecution for failing to make the retunl of taxable property as required by law or this section. (d) In addition to thepenalties provided herein, any such taxms remaining %repaid on the first day of the month next following the month in which such taxes become due, shall be delin- quent and interest thereon of eight percent per annum shall be added to the amount of taxes or leview due from such taxpayer, which, when collected by the treasurer, shall be accounted for in his settlements. (e) An extension of time for the filing of tangible personal property returns may be granted by the cut~t,~ssioner of the revenue upon receipt of a written request from the taxpayer. ~he taxpayer must submit this request for an extension of time before March 1, and must ~state .the reason for the request for an extension of the filing date. Upon receipt of such request, the con~issioner of the revenue shall grant or refuse the request, and shall notify the tax- payer accordingly. Any extension of the filing date shall be for a fixed nun~er of days not to exceed, in any event, sixty days. Sec. 8-13.1. Fobile Homes. (a) All vehicles without motive power, used or designed to be used as mebile homes as defined in ~36-71(4) of the Code of Virginia, 1950, as an~nded, shall constitute a separate classification for personal property taxation separate from other such classifications on tan- gible personal property, provided, however, that the ratio of assessment and the rate of tax shall be the same as that applicable to real property in (/aesterfield County. (b) Whenever a r~bile home, as defined in ~36-71(4) of the Code of Virginia, 1950, as amended, is delivered or moved into fhesterfield County after January one, and used as a place of full-time residence by any person, the Conmissioner of Bevenue shall quarterly prorate any property taxes which would have been collectable had such mebile home been situated within Chesterfield county on January one of that year. (c) Whenever a nmbile home, as defined in §36-71(4) of the COde of Virginia, 1950, as a~ended, is delivered or moved into Chesterfield County after June fifth, the Conmissioner of ~evenue shall, after assessing the mobile home and ascertaining the proper ar~unt of tax due, certify the assessment to the Treasurer who shall notify the taxpayer as soon as practicable of the amount of tax owed. Such tax shall be paid within thirty days from the date of such notice. ~he Treasurer shall assess the applicable penalty and interest on all such unpaid taxes as provided for in §8-13 herein. (2) 5his ordinance shall be effective on and after January 1, 1977. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. A discussion of State Mandated Programs was deferred until cost estimates can be worked out by Central Accounting. Mrs. Girone questions whether the meeting with the legislators on Decen~er 14th would be an Executive Session meeting. It was generally agreed that after opening the bids for the school bends at the State Treasurer's Office at 11:00 a.m. the Board would return to the Courthouse to announce the low bidder and then decide whether to go into Executive Session for the meeting with the legislators. It was on m~tion of Mr. Apperson, seccnded by Mr. Myers, resolved that the County Administrator was authorized to sign a DJCP Police Grant Application for a Criminal Justice Data System. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. Mr. Falwell stated he had received a letter from Bill Axselle, Jr. of the House Delegates which stated the 1976 session of the C~neral Assembly passed House Bill 872 that established a Division of Substance Abuse and asked that local governing bodies designate an agency to administer attempts to control substance abuse. After further discussion, it was on metion of Mr. Bookman, seconded by Mr. Apperson, resolved that the following resolution was approved: WHEREAS, by S37.1-220 of the Code of Virginia, the Board of Supervisors of Chesterfield County is authorized to designate an existing local board to establish a comprehensive program for the treatment of alcoholics and intoxicated persons; and WHEREAS, the legislation recoranends use of the coranunity mental health and mental retar- dation services board as the most appropriate agency to administer substance abuse programs; and WHEREAS, the required education, information and treatment programs can best be adminis- tered by Chesterfield Cotmty's mental health and mental retardation services board rather than an agency of the planning district cormlission; NOW, THEREFORE BE IT RESOLVED, that pursuant to the authority contained in §37.1-220 of the Code of Virginia, the Board of Supervisors hereby designates the Chesterfield County Mental Health and Mental Netardation Services Board as the appropriate local agency to establish a ccntorehensive program for the trea~rent of alcoholics and intoxicated persons. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Book/m3n and Mr. Myers. Mrs. Girone asked the County A£lministrator to write Mr. A~selle advising of the designation of the M~ntal Health and Mental Retardation Services Board as the agency to establish a ~ prehensive program for the treatment of alcoholics and intoxicated persons and also inquire who Mr. A~melle has met with previously concerning these programs. Chief Eanes of the Fire DepOt came before the Board stating the need to replace the Clover Hill brush truck; that $10,000 had been budgeted for this but the bid price will be approximately $13,412.41; that the Fire Department will transfer funds from the Mandaester Fire Dept. brush truck to obtain the remaining $3,412.41 if approved. After further discussion, it was on notion of Mr. Bookman, seccnded by Mrs. Girone, resolved that Chief Eanes was authorized to replaCe the Clover .Hill brush truck in the anount of $13,412.41. Ayes: Mr. O'Neill, Mrs. Girc~e, Mr. Apperson, Mr. Bookman and Mr. Myers. Mrs. Girone stated there has been a lot of problems with leaf burning in BOn Air; that she had talked with Henry Moss of the Air Pollution Control Board and that a pollution monitor was going to be placed in the Bon Air Fire Department for two days to monitor pollution caused by leaf burning. Mr. Falwell stated a thank you note had been received from the family of W. R. Burnett for the kind e~pression of sympathy. Mr. Falwell presented the Board with information pertaining to the Community Development (CD) Pre-Application FY77 for discussion on December 20th. On notion of Mr. Bookman, seccnded by Mr. Myers, it was resolved that the Board to into E~cutive Session to discuss personnel and legal matters. Ayes: Mr. O'Neill, Mrs. Girone, Mr. Apperson, Mr. Bookman and Mr. Myers. Reconvening: It was on motion of Mr. Bookman, seconded by Mr. Apperson, resolved that the Board adjourned at 7:15 p.m. until 11:00 a.m., December 14th for the opening of the School bonds at the State Treasurer' s Office. Ayes: Mr. O'Neill, Mrs. Gircne, Mr. Apperson, Mr. Bookman and Mr. Myers. lee O. Falwell, Secretary rlin~O~ Neill ,- dnairmkn · ·