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06-26-1974 MinutesVIRGINIA: At an adjourned meeting of the Board of Supervisors of Chesterfield County, held at the Courthouse on June 26, 1974, at 9:00 a.m. Present: Mr. Irvin G. Horner, Chairman Mr. Leo Myers, Vice-Chairman Mr. J. Ruf~in Apperson Mr. A. J. Krepela Mr. E. Merlin O'Neill Mr. M. W. Burnett, County Administrator Also Present: Mr Mr Mr Mr Mr Mr Mr A. J. Bridges, R/W Engineer C. G. Manuel, Asst. County Admin. Morris Mason,. Asst. Comm. Attorney Robert Painter, County Engineer William Prosise, Asst. County Eng. Michael Ritz, Planning Director Oliver Rudy, Commonwealth's Attorney Mrs. Joan Smith, Secretary Mr. David Welchons, Asst. County Eng. On motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that this Board go into Executive Session to discuss a contractual arrangement. Ayes: Mr. Horner, Mr. Myers and Mr. Apperson. Absent: Mr. Krepela and Mr. O'Neill. Reconvening: Mr. Burnett states that he had met with Mr. Painter, Mr. Frampton, Mr. Smith and Mr. McNeeley to discuss the Brandermill Bond Issue and states that the parent company~of Sea Pines would guarantee the bonds provided they were able obtain a substantial loan from Equitable Life Insurance Company. Mr. Painter presents three alternatives the Board could consider to sewer the Brandermill area. He states that these alternatives would provide for a ~runk sewer along the southern boundary of the reservoir instead of a pumping station and that the alternative would be decided by the bids received. Mr. Welchons discusses the locations of the various alternatives. Mr. Mark Smith discusses to some degree the guarantee that would be required. Mr. Krepela states he feels the matter should be considered further until all Board members feel comfortable with their District's situation with regard to sewer. He states that he feels Sea Pines could, if they so desired, continue on at their own risk until the County could make a commitment. At the reques~ of Mr. Krepela for an Executive Session to discuss the contract matter with the Brandermill Corporation, it is on motion of Mr. Krepela, seconded by Mr. Myers, resolved that this Board go into Executive Session. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Reconvening: Mr. Krepela states that it was his impression when the school was built that sewer was not expected in this area for 10-20 years. Mr. Burnett states that the Health Department had anticipated only 12-18 months for this area ~o be without sewer. Mr. Krepela inquires if the Board feels this would be the best area in which to construct sewer lines. Mr. Burnett states that the $18,000,000 Bond Issue and this would be a way to add to the revenues. Mr. Apperson states that in looking over the proposal, Sea Pines would be putting up 2.5 million dollars and receiving 6,000 connections while the County would be putting up 2.4 million dollars and receiving 12,000 connections. There continued considerable discussion about the County's commitment to the project. Mr. Harry Frampton comes before the Board and states that his Company is facing a serious matter as they have spent $1,000,000 in salaries and $1,000,000 in planning money in the 15 months they had been working on this project and that they could not continue in the present dilemma and would probably have to move their personnel to other areas under development unless this situation was resolved. After considerable discussion, it is on motion of Mr. Apperson, seconded by Mr. O'Neill, that this Board generally release the Brandermill Corporation and give them a letter of intent to proceed, to be agreed to by the Board at this meeting. Ayes: Mr. Myers, Mr. Apperson and Mr. O'Neill. Abstentions: Mr. Horner and Mr. Krepela. Upon motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the minutes of the June 12 and 13 meetings, be and they are hereby approved with the corrections noted. Ayes: Mr. Horner, Mr. Myers and Mr. Apperson. Mrs. Dorothy B. Meldrum comes before the Board requesting the following changes of the Voting Precincts: River Road Precinct in lieu of Winfree's Store Providence Precinct in lieu of Wagstaff Circle Tomahawk Precinct in lieu of Homer's Store She states the Registrar's Office had received phone calls and letters concerning these changes. She states the cost is estimated to be under $300 for the changes mentioned. It is ascertained that the requests for name changes are from Delegate Alex McMurtrie and from Mr, C. L. Bookman and not from an overwhelming number of citizens demanding such changes. As such changes are anticipated in the future, it is on motion of Mr. O'Neill, seconded by Mr. Horner, resolved that this request for name changes of Voting Precincts, be and it is hereby denied. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mrs. Dorothy Meldrum also requests the Board to grant permission for absentee ballots to be counted in the Registrar's Office instead of each individual precinct. She states this was approved in the State Code. Mr. Apperson inquires if this would make it harder on the absentee voter. She states that it would not. Upon motion of Mr. Krepela, seconded by Mr. Apperson, it is resolved that the request be approved and that the absentee votes be counted in the ReEistrar's Office and same be treated as a separate precinct. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. KrePela and Mr. O'Neill. " 74S048 Mr. W. S. Pinchbeck of the Broadmoor Corporation again comes before the Board requesting the rezoning from Agricultural (A) to Residential (R-15) of two parcels of land of rectangular shape, containing 24.66 acres, located at the eastern terminus of Bondurant Drive and being south of'Stonehenge (Sect. B) Subdivision. Refer to Tax Map Sect. 26-8 (1) parcels 3 and 4 (Sheet ?). Mr. Pinchbeck states he has met with the Stonehenge Civic Association and that he is agreeable to the R-25 zoning for the area, as requested; however, it is not feasible for him to build an additional access road to the area. Mr. J.. F. Hirst, representing Dr. Walter Gannon and the Stonehenge Civic Association, along with 25 residents of Stonehenge who come to express their opposition to the zoning request, states that there exists only one access to the main road from that area and that future developments would also have to use this street which would cause an untenable traffic problem. After much discussion of the problem, it is on motion of Mr. Krepela, seconded by Mr. Myers, resolved that this rezoning request be, and it hereby is denied until access road problems can be resolved in some manner. Ayes: 'Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. An ordinance change having been duly advertised for a Public Hearing at this time, the Chairman invites comments from anyone concerning the proposed changes. There being none, it is on motion of Mr.' Myers, seconded by Mr. O'Neill, resolved that the following ordinance changes be, and they hereby are adopted: Add Section 4-3 to the Zoning Ordinance: "(h) Two family dwellings" and delete the wording of existing Section 4-4 (m) reserving the Section Number; Add Section 4.2 to the Subdivision Ordinance: "(4) Fronts on an existing State highway with right-of-way, measured from the centerline, equal to one half of the right-of-way shown on the General Plan, but in no case less than 25 ft. from the center- line." Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Horner, seconded by Mr. Apperson, it is resolved that the request of Mr. R. D. Lethco for a Variance to build a second house on the lot at 855 Ruthers Road be, and it hereby is denied. Ayes: Mr. Horner, Mr. Myers and Mr. Apperson. On motion of Mr. Apperson, seconded by'Mr. Myers, it is resolved that a Var ance be granted to Dennis Wellman to construct a dwelling on Parcel A, as shown on a Plat filed with the papers of this Board. Ayes: Mr.' Horner, Mr. Myers and Mr. Apperson. A resolution, having been drafted by the County staff along with the Brandermill officials, is presented. After some discussion of the matter, on motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the following resolution be, and is hereby adopted: That the Board approved and agrees to fund a sewer system in Clover Hill Magisterial District consisting of a trunk sewer up Millers Run, a force main from Bailey's Bridge Pump Station to Millers Run trunk, and a gravity trunk along Swift Creek from Bailey's Bridge Pump Station 'to a point north of Route #360. This resolution is conditioned upon Sea Pines Company providing sufficient guarantee that revenue bonds in the amount of 2.25 million dollars can be sold, and that the proceeds of the bond sale shall be used in the construction of sewer facilities for the Brandermill project. 3. That all parties shall proceed in a timely manner. Ayes: Mr. Myers, Mr. Apperson and Mr. O'Neill. Abstentions: Mr. Horner and Mr. Krepela. Mr. Harry Thompson, representing Town and Country Corporation, comes before the Board to request refunding of $11,100 to cover application for sewer connection fees, paid to the County under protest, since Town and Country was no longer in the County but covered by City sewer policies and further applications having been withdrawn. It was the feeling of the Board that this line had been constructed mainly to serve this development and it was at a great cost to the County and they could not agree to refunding this money. Mr. Thompson states the City was making connections and they were paying the City connection fees. Upon motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that on recommendation of Mr. Morris Mason, this request is hereby denied. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. Upon motion of Mr~ Apperson, seconded by Mr. Myers, it is further resolved that Mr. Mason be authorized to institute proceedings against the City and Town & Country Corporation to collect back connection charges to County sewers. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. Upon motion of Mr. Krepela, seconded by Mr. Myers, it is resolved that the following water contracts be, and they hereby are approved: W74-38CD Belfair Townhouses Shoosmith Bros. $100,171.45 W74-41CD Olde Coach Village, Section "C", 42,010.00 Phase II Lewis H. Easter & Co. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Painter states that they have taken a sewer survey in Rayon Park and from the 79 letters sent, 59 were returned. It is estimated that the cost of the project for water lines would be approximately $82,532, but the connection fees would reduce this cost considerably. It was the wish of the Board that this matter be studied further. Upon motion of Mr. Horner, seconded by Mr. O'Neill, it is resolved that the well lot in Pocoshock Heights, no longer needed by the Water Department, be vacated to the best possible plan and that it be mutually satisfactery to all individuals concerned and the County. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Upon motion of Mr. Homer, seconded by Mr. Krepela, it is resolved that the following sewer contract be and it hereby is approved: S71-31CD Sturbrook Apartments $43,854.00 Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. Horner, it is resolved that the request of Mr. C. J. Purdy to reduce the connections allocated to his overnight trailer park in the Bellwood Section from 100 to 65 due to the taking of a widening strip for Route 95 by the Highway Department and a drainage easement by the County, be and is hereby granted with the understanding that Mr. Purdy will pay all back fees within the next 60 days and said fees be based On the adjusted connections. Ayes: Mr..Horner, Mr. Myers, Mr. Apperson and Mr. OrNeill. Upon mo~ion of Mr. O'Neill, seconded by Mr. Myers, it is resolved by the Board of Supervisors of the County of Chesterfield, Virginia, in regular meeting assembled that the Chairman of said Board be, and he hereby is, authorized to e~ter into an agreement with the Seaboard Coast Line Railroad Company, and tossign same on behalf of said County whereby said Railroad Company grants unto said County the right or license to install and maintain, for the purpose of a sanitary sewer main, a line of 8-inch asbestos cement pipe across the right- of-way and under tracks of sais Railroad Company at or near Petersburg, Virginia; as particularly described in said agreement, which agreement is dated May 16, 1974, a copy of which agreement is filed with the Board of Supervisors. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Upon motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved that since the engineering has been accomplished on the Trampling Run area and that the citizens of the area are desirous of sewer service at this time, that the Water Department be authorized to send out connection contracts to ascertain the number of connections that will be obtained on this line. Ayes: .Mr. Myers, Mr. Apperson and Mr. Krepela. On motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved that the Engineering Department be authorized to enter into agreement with Austin Brockenbrough & Associates according to the standard engineering contracts dated June 14, 1974. Ayes: Mr. Myers, Mr; Apperson and Mr. Krepela. Upon motion of Mr. Krepela, seconded by Mr. Apperson, it is resolved that the request for a sewer connection at 21800 Ferndale Avenue for Mrs. T. D. Cox be and it hereby is approved. Ayes: Mr. Myers, Mr. Apperson and Mr. Krepel~. Upon motion of Mr. Horner, seconded by Mr. Myers, it is resolved that engineering be done to construct sewer in the Elkhardt Road area. Ayes: Mr. Horner, Mr. Myers', Mr. Apperson and Mr. Krepela. Mr. Mason states that the matter of acquiring a sewer easement from Mr. Hawthorne on Belmont Road has been successfully tied up in Court to such an extent that the County has no right-of-entry, and it was generally agreed that Mr. Mason should seek a hearing before Judge Gates to allow the County to proceed with installation of this sewer main. Upon motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that condemnation p~oceedings be instituted against the following persons, who have been offered the stated amounts, with the stipulation that negotiations be continued; however, notice of condemnation letters will be sent on July 1, 1974: Project S73-31T/D Project S73-31T/X Project S73-31T/W Project S73-31T/A Project S73-31T/B Project S73-31T/I Project S73-31T/O Project S73-31T/P Project S73-31T/Q Ayes: Ellen M. Fisher (Widow) Sarah Bland Brown and Thomas Brown Rosa B. Arvin (Widow) E. S. Bruce and C. H. Bruce Harry W. Roberts and Leo S. B. Roberts (Wife) Helen J. Kanipes Carrie L. Childress William H. Childress & Gladys T. Childress (Wife) Ann K. Henley $327.50 50.00 50.00 50.00 25.00 50.00 25.00 25.00 25.00 Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Krepela, seconded by Mr. Myers, it is resolved that condemnation for drainage easement across the property of Gregory Estate be instituted. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. O'Neill states that Mr. Burton was having trouble with his field and the water back-up there. He states that Mr. Burton has since filled in the existing drainage ditch, backing water on the road and thus causing a hazard. Upon motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that this Board request the Highway Department to proceed to acquire an easement to correct the situation at 2013 Woodpecker Road. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Upon motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved that a renewal of the Bingo and/or Raffle Permit to St. Ann's Catholic Church be and it is hereby approved. Ayes: Mr. Myers, Mr. Apperson and Mr. Krepela. on motion of Mr. Krepela, seconded by Mr. Apperson, it is resolved that the following erroneous tax claim be and it hereby is approved for payment: Ralph E. Rowlett, Sr. 1974 Personal Property Tax $7.82 Ayes: Mr. Myers, Mr. Apperson and Mr. Krepela. On motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved that the existing light at Brentford and Bloomfield be moved one pole down the street and that the installation of 3300 lumen mercury vapor light at the intersection of Fortview Drive and Coxendale Road be, and they hereby are approved; and be it further resolved, that the following locations for street lights be reviewed by the Light Committee: 1. Entrance to Stonehenge Subdivision at Courthouse Road, 2. Rochelle Road and Castlebury Road, 3. Rochelle Road and Wood Dale Road, 4. End of Ermavedo Drive, and 5. End of Richmond Street in Chester. Ayes: Mr. Myers, Mr. Apperson and Mr. Krepela. Upon motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved that the · Commonwealth's Attorney's budget, with changes made by the Compensation Board in their letter of June 19, 1974, be and it is hereby approved. Ayes: Mr. Myers, Mr. Apperson and Mr. Krepela. Upon motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved that the County Health Department's revised cooperative budget amounting to $572,786, the County's share of 45% plus the supplement would be $278,772 be and it is hereby approved with the understanding that the County will not continue to pay 100% of the cost of the Health Department's employees. Ayes: Mr. Myers, Mr. Apperson and Mr. Krepela. On motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved that the Treasurer be and hereby is authorized to transfer an amount not to exceed $40,000 from the Meter Installation Fund to the Central Stores Fund. Ayes: Mr. Myers, Mr. Apperson and Mr. Krepela. Upon motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved that the Nursing Home budget be amended as follows: I. EXPENDITURES Appropriate $67,945.00 from the Unappropriated Surplus of the Nursing Home Fund to: Ayes: a. Administration 22-191-109.0 Clerical b. Patient Care Service 22-192-111.3 Other Nursing Personnel c. Ancillary Services 22-193,111.0 Physicians d. Dietary Service 22-194-143.0 Dietary Personnel e. Laundry 22-195-119.2 f. Housekeeping 22-196-119.1 Laundry Personnel Housekeeping Personnel II. REVENUE Increase Account 22-000-730.0, Patient Service by $67,945.00. Mr. Myers, Mr. Apperson and Mr. Krepela. $ 3,821.00 15,007.00 16,445.00 6,329.00 19,564.00 6~779.00 Upon motion of Mr. Krepela, seconded by Mr. Apperson, it is resolved that the Board increase 51-185-600.1, Improvement to Sites, by $800.00 in the T. F. Jefferess Memorial Fund (51) and appropriate $800.00 from the Unappropriated Surplus of the T. F. Jefferess Memorial Fund to 51-185-600.1, Improvement to Sites, to pay for a fence at Camp Baker. Ayes: Mr. Myers, Mr. Apperson and Mr. Krepela. On motion of Mr. Krepela, seconded by Mr. Apperson, it is resolved that the following changes and additions to the Library Budget (Fund 13) be, and they hereby are approved: I. a. Decrease: 13-185-105.0 Librarians 13-185-109~0 Clerical 13,185-119.0 Janitor Service 13-185-251.0 Data Processing 13-185-315.0 Books County Increase: 13-500-205.0 13-500-601.1 Professional Fees New Buildings Ayes: $16,000.00 7,000.00 6,000.00 1,000.00 10~000.00 $40,000.00 $30,000.00 10~000.00 $40,00O.OO II. Appropriate $120,000.00 from the Unappropriated Surplus of the Library Fund to 13-500-601.1, New Buildings. Mr. Myers, Mr. Apperson and Mr. Krepela. On motion of Mr. Apperson, seconded'by Mr. Krepela, it is resolved that the Board increase the School Bond Anticipation Fund (48) by the following: Ayes: I. 48-500-000.0 II. 48-500-205.1 48-500-600.0 48-500-601.1 School Bond Anticipation Professional Service Purchase of Land New Buildings and Additions $ 80,000.00 200,000.00 1,700,000.0.0 $1,980,000.00 Appropriate $1,980,000.00 from the Unappropriated Surplus of the Bond Anticipation Fund (48) to the above accounts. Mr. Myers, Mr. Apperson and Mr. Krepela. On motion of Mr. Krepela, seconded by Mr. Myers, it is resolved that the Board appropriate $520,015.00 from the Unappropriated Surplus of the General Fund to the following accounts: A. Recreation 11-187-600.0 Improvement to Sites $150,000.00 (This is for Rockwood Park) B. Capital Outlay 11-500-602.0 Safety Village $ 32,300.00 11-500-601.7 Airport 337~715.00 Ayes: Mr. Myers and Mr. Krepela. Abstention: Mr. Apperson. $370,015.00 5 O,Ol.5,.oo It is here noted that the appropriation to the Airport will be covered by Utility transfers at a later date. On motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved that the Board appropriate the remaining $300,000 in budgeted appropriations in Fund 41, School Operating, to 41-421-000.00, Instruction, be and hereby is approved. Ayes: Mr. Myers, Mr. Apperson and Mr. Krepela. On motion of Mr. Krepela, seconded by Mr. Apperson, it is resolved that the County's rate of mileage reimbursement be increased to 12~ per mile, effective July 1, 1974. Ayes: Mr. Myers, Mr. Apperson and Mr. Krepela. On motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved that the following budget for the Nursing Home Construction Fund be, and it is hereby approved: 25-500 Nursin~ Home Construction 25-500-205.0 Architect Fee $ 12,000.00 25-500-301.0 Bedding and Linen 4,000.00 25-500-403.0 Furniture and Fixtures 5,000.00 25-500-601.0 New Buildings 550~000.00 $571.~000.00 The Board further appropriates $571,000 from the Unappropriated Surplus of'the Nursing Home Construction Fund (25) to the above accounts. Ayes: Mr. Myers, Mr. APperson and Mr. Krepela. have been accepted into the State Secondary System of Roads: KIMBERLY ACRES - SECTION I SUBDIVISION Okehampton Drive - Beginning at its intersection with Hopkins Road westerly 0.05 mile to its intersection with Exwick Lane thence westerly 0.11 mile to Cotfield Road thence westerly 0.02 mile to a Dead End. The Board has been notified by the Highway Department that the following roads 0.18 mile Exwick Lane - Beginning at its intersection with Okehampton Drive southerly 0.05 mile to Exwick Court. 0.05 mile Cotfield Road - Beginning at its intersection with Okehampton Drive 0.10 mile southerly to a cul-de-sac. 0.10 mile Exwick Court - Beginning at its intersection with Exwick Lane 0.05 mile westerly to a cul-de-sac. 0.05 mile On motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved that the Board authorize payment to Frederick T. Gray for legal services rendered in connection with the application of Virginia Electric and Power Company Case by his Law Firm in the amount of $9,308.89. Ayes: Mr. Myers, Mr. Apperson and Mr. Krepela. On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that this Board accepts the offer of J. Richard Seeds, set forth in his proposal dated April 4, 1974, to purchase 1.43 acres of land at the Chesterfield Airport Industrial Park, upon terms and conditions therein for the purchase price of $i0,000 per acre. And be it further resolved, that the Commonwealth's Attorney petition the Circuit Court of Chesterfield County, Virginia, for approval and ratification of this sale of land by the County to J. Richard Seeds. Ayes: Mr. Myers, Mr. Krepela and Mr. O'Neill. Abstention: Mr. Apperson. Upon motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that office space and such miscellaneous equipment that may be necessary for the Magistrate's Office be, and hereby is approved. Ayes: Mr. Myers, Mr. Apperson and Mr. Krepela. On motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved that the Ettrick Fire Station be permitted to make alterations to the building in order that the new aerial ladder can be stored in same, on a cost plus 10% basis not to exceed $8,000. Ayes: Mr. Myers, Mr. Apperson and Mr. Krepela. On motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved that this Board requests the Judge of Circuit Court, the Honorable Ernest P. Gates, to appoint the following named persons as Deputy Dog Wardens and Special Police Officers, effective July 16, 1974, for terms of three (3) years and three (3) months, respectively: Ayes: 1. John Kofron Aldridge 2. Gary Michael Treakle 3. Thomas Everett Radcliffe Mr. Myers, Mr. Apperson and Mr. Krepela. Upon motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved that Mr. Robert Lee Truner's game claim for the destruction of 13 hens at $2.25 each, in the amount of $29.25 be, and it hereby is approved for payment. Ayes: Mr. Myers, Mr. Apperson and Mr. Krepela. The Board recesses for Dinner. Reconvening: This date and time has been set for a Public Hearing on an Ordinance to provide special assessments for agricultural, horticultural, forest and open space real estate. Mr. Fred Forberg again explains the thrust of such an ordinance and answers questions, concerning same. Mr. Forberg explains the roll-back features and states that it is his opinion the County will not lose much money at this time. Mr. Hiram Ziegler,.Staff Consultant for the Farm Bureau, compliments Mr. Forberg on his knowledge of the subject and speaks generally for the ordinance'. Mr. F. W. Alley from Henrico speaks against the ordinance. Mr. L. E. Mason, Mr. R. L. Mann, Jr., Mr.'C. P. Mozero, Mr. John Royall Robertson and Mr. Paul Williams speaks for passage of the ordinance. Mr. Rollin Hughes speaks against the ordinance. Mr. Myers asks those in the audience who are interested farmers, etc. to indicate their interest. There ~re 25 farmers'and one timber owner. Mr. Homer states that Chesterfield needs a growth retardant and speaks for the ordinance. Mr. Apperson states that most of the land is going up and that such an ordinance might help preserve certain tracts. Mr. Krepela states that he will vote for the ordinance but against growth. On recommendation and consideration thereof, it is on motion of Mr. Apperson, seconded by Mr. O'Neill, resolved that the ordinance as amended, be and hereby is adopted: Be it ordained by the County of Chesterfield, Virginia, that Chapter 11, Article 1, of the Code of the County of Chesterfield, Virginia, be amended by adding thereto Sections 11-11.1:1 through 11-11.1:8 to read as follows: Section 11-11.1:1 The County of Chesterfield finds that the preservation of real estate devoted to agricultural, horticultural, forest and open space uses within its boundaries is in the public interest and, having heretofore adopted a land use plan, hereby ordains that such real estate shall be taxed in accordance with the provisions of Article 1.1 of Chapter 15 of Title 58 of the Code of Virginia and of this ordinance. Section 11-11.1:2 (a) The owner of any real estate meeting the criteria set forth in Section 58-769.5 and 58-769.7(b) of the Code of Virginia may, on or before November one of each year, apply to the County Assessor for the classification, assessment and taxation of such property for the next succeeding tax year on the basis of its use, under the procedures set forth in Section 58-769.9 of the Code of Virginia. Such application shall be on forms provided by the State Department of Taxation and supplied by the County Assessor and shall include such additional schedules, photographs and drawings as may be required by the County Assessor. An application fee of ten dollars shall accompany each application. (b) A separate application shall be filed for each parcel on the land book. Section 11-11.1:3 Promptly upon receipt of any application, the County Assessor shall determine whether the subject property meets the criteria for taxation hereunder. If the County Assessor determines that the subject property meets such criteria, he shall determine the value of such property for its qualifying use~ as well as its fair market value. In determining whether the subject property meets the criteria for "agricultural use" or "horticultural use" the County Assessor may request an opinion from the Commissioner of Agriculture and Commerce; in determining whether the subject property meets the criteria for "forest use" he may request an opinion from the Director of the Department of Conservation and Economic Development~ and in determining whether the subject property meets the criteris for "open space use" he may request an opinion from the Director o£ the Commission of Outdoor Recrea- tion. Upon the refusal of the Commissioner of Agriculture and Commerce, the Director of the Department of Conservation and Economic Development, or the Director of the Commission of Outdoor Recreation to issue an opinion, or in the event of an unfavorable opinion which does not comport with standards set forth by the respective director, the party aggrieved may seek relief from any court of record wherein the real estate in question is located. If the court finds in his favor it may issue an order which shall serve in lieu of an opinion for the purposes of this ordinance. Section. Il-Il.l:4 The use value and fair market value of any qualified property shall be placed on the land book before delivery to the treasurer and the tax for the next succeeding tax year shall be extended from the use value. Section 11-11.1:5 There is hereby imposed a roll-back tax, and interest thereon, in such amounts as may be determined under Virginia Code Section 58-769.10, upon any property as to which the use changes to a nonqualifying use. Section 11-11.1:6 (a) The owner of any real estate liable ~or roll-back taxes shall report to the County Assessor, on forms to be prescribed, any change in the use of such property to nonquali£ying use and shall pay the roll-back tax then due. On failure so to report and pay within sixty days following such change in use, such owner shall be liable for an additional penalty equal to ten per centum of the amount of the roll-back tax and interest, which penalty shall be collected as a part of the tax. In addition to such~penalty, there is hereby imposed interest of one-half per centum of the amount of the roll-back tax, interest and penalty, for each month or fraction thereof during which the failure continues. (b) Any person making a material misstatement of fact in any application filed pursuant hereto shall be liable for all taxes, in such amounts and at such times as if such property had been assessed on the basis of fair market value as applied to other real estate in the taxing jurisdiction, together with interest and penal-~ ties thereon, and he shall be further assessed with an additional penalty of one hundred per centum of such unpaid taxes. Section 11-11.1:7 The provisions of Title 58 of the Code of Virginia applicable to local levels and real estate assessment and taxation shall be applicable to assessments and taxation hereunder mutatis mutandis including, without limitation, provisions relating to tax liens and the correction of erroneous assessments, and for such purposes the roll-back taxes shall be considered to be deferred real estate taxes. Section 11-11.1:8 This ordinance shall be effective for all tax years beginning on and after January 1, 1975 (a date not earlier than January 1, 1974). Ayes: Mr. Horner, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Nays: Mr. Myers. On motion of Mr. O'Neill, seconded by Mr. Apperson, it is resolved that the following ordinance to-amend and re-enact Chapter 8A-6 of the Code of the County, setting forth the eligibility for retirement and amount of pension under the Policemen's Pension and Retirement System be, and it hereby is approved on an emergency basis: Be it ordained by the Board of Supervisors of Chesterfield County, Virginia, that Section 8A-6 is hereby amended and re-enacted to read as follows: Section 8A-6. Eligibility for Retirement and Pension. Any member who has attained the age of fifty-five (55) years and twenty-five (25) years creditable service with the Chesterfield County Police Department shall be eligible for retirement. Creditable service shall mean one year credit for each year as a member of the Police Department before chartering of the Chesterfield Police Benevolent Association and one year's service for each year after this plan is adopted. Each year a member of the Chesterfield Police Benevolent Association is in the Armed Forces involuntarily shall count as one year creditable service providing the member returns to the Police Department after being Honorably Discharged from the Armed Forces. Upon retirement, a member shall receive an annual retirement allowance which shall equal two per centum (2%) of the highest three (3) years average income multiplied by the number of years of his creditable service. When any member shall have reached the age of sixty (60) years or over and has twenty-five (25) years of creditable service, he shall be eligible for retirement and his minimum retirement payment shall be Two Hundred Fifty and No/100 Dollars .($250.00) per month. If any member after retirement shall die, leaving a widow, then the widow of such member duringhher widowhood, shall receive an annual allowance payable monthly, equal to one-half (1/2) of the member's retirement payment. Said widow receives this amount until she reaches eligibility age for receiving maximum Social Security Ayes: Benefits. If he leaves no widow, or the widow dies or remarries, then such child or children, if any, of the deceased member, under the age of eighteen (18) years, shall be paid such allow- ance until Such child or children die or attain the age of eighteen (18) years, whichever shall occur first. If more Than one child survives the deceased member, the allowance shall be divided among them and paid in such manner as the Retiremen~ Board may determine. If a member hereafter dies in service at any time before retire- ment from a cause determined by the Retirement Board ~o be compensable under the Virginia Workmen's Compensation Act, there shall be paid an annual allowance payable monthly, to the widow of such member during her widowhood, if he leaves a widow, equal to one-half (1/2) of the members pension if he had re~ired a~ his earliest retirement age. (Average of highest five (5) years income multiplied by the number of years of creditable service plus the number of years member would have been required to work to reach his earliest retirement age.) If he leaves a widow and child or children under the age of eighteen' (18) years of age, then the widow shall receive full amount of pension unti~ child or children reaches the age of eighteen (18) years. If he leaves no widow, or the widow remarries, then such child or children, if any, of the deceased member, under the age of eighteen (18) years shall be paid full allowance until such child or children die or attain the age of eighteen (18) years, whichever shall occur first. If more than one child survives the deceased member, the allowance shall be divided among them in such manner as the Retirement Board may determine. Any benefits payable under the Virginia Workmen's Compensation Act shall offset against any benefits payable under the retirement system. Any member at any time before retirement who becomes permanently disabled without misconduct from a service connected disability which prevents him from carrying out any duties as a member of the Police Department shall be retired and receive an annual retirement allowance payable monthly which shall equal one and one-half (1 1/2%) per centum of the average of highest five (5) years income multiplied by the number of years of creditable service plus the number of years member would be required to work to reach his earliest retirement age. Any benefits payable under the Virginia Workmen's Compensation Act shall be offset against any benefits payable under this system. Any member at any time before retirement who has ten or more years of creditable service, who becomes permanently disabled without misconduct from a disability which prevents him from carrying ou~ any duties as a member of the Police Department shall be retired and receive an annual retirement allowance payable monthly which shall equal one and one-half per centum (1 1/2%) of average highest five (5) years income multiplied by the number of years of creditable service plus the number of years member would have been required to work to reach his earliest retirement age. Mr.'Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Horner, seconded by Mr. Myers, it is resolved that the Variance request by Mr. Jack D. Yeratt to construct a second dwelling at 6000 Jessup Road be, and it is hereby denied. Ayes: Mr. Homer, Mr. Myers and Mr. Apperson. On motion of Mr. O'Neill, seconded by Mr. Apperson, it is resolved that The Compensation Plan for County employees be, and it hereby is approved. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that this Board accept the offer of Marshall W. Cole, Jr. and Majorie B. Cole, his wife, set forth in his proposal dated October 25, 1973, to purchase 3.36 acres of the Chesterfield Airport Industrial Park land upon the terms and conditions therein for the purchase price of $10,000.00 per acre. Be it further resolved, that the Commonwealth's Attorney petition the Circuit Court of Chesterfield County, Virginia, for approval and ratification of this sale of land by the County to Marshall W. Cole, Jr. and Majorie B. Cole, his wife. Ayes: Mr.:Horner, Mr. Myers and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that this Board adjourn at 11:00 p.m. until July 10, 1974, at 9:00 a.m. Ayes: Mr. Horner, Mr. Myers and Mr. O'Neill.