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08-14-1974 MinutesVIRGINIA: At a regular meeting of the Board of Supervisors of Chesterfield CounTy, held at the Courthouse on August 14, 1974, at 9:00 a.m. Present: Mr. Irvin G. Horner, Chairman Mr. Leo Myers, Vice-Chairman Mr. J. Ruffin Apperson Mr. A. J. Krepela Mr. E. Merlin O'Neill Mr. M. W. Burnett, Co. Admin. Also Present: Mr. Stanley Balderson, County Planner Mr A. J. Bridges, R/W Engineer Mr C. G. Manuel, Asst. Co. Admin. Mr Morris Mason, County Attorney Mr Robert Painter, Co. Engineer Mr William Prosise, Asst. Co. Eng. Mr Michael Ritz, Planning Director Mrs. Joan Smith, Secretary The invocation is given by Mr. Myers. The Board of SupervisOrs this day approved all claims presented to the County for the month of July, 1974 and authorizes the Treasurer of the County to issue warrants as follows: General County. Fund Check No. 82084 - 82813 $36,394.58 Library Che~ No. 82709 - 82757 24,128.44 Airport Fund Check No. 82094 - 82772 1~361.56 County Garage Check No. 82036 - 82800 2t364.60 Storeroom Cheek No. 82703 - 82810 1,041.94 Workmen's Compensation Check No. 82035 43.00 Social Services Check No. 82822 - 82838; 21980 - 21983; Check No. 21974 - 21976; 82849 - 82867; Check No. 82587 82643; 82868 - 82965; Check No. 82644 - 82684 75t358.50 Nursing Home Check No. 82021 ~ 82 794 6,636.14 Nursinq Home Construction Check No. 82708 - ~2063 - 82778 63,164.35 ~yr01! Deduction Check No. 82060 - 82795 Water Revenue Check No. 10751, 10752 Water Operating Check No. 10712 - 10838 Water Improvement; Replacement & Extension Fund ~heck No. 10703, 10706 and 10744 Water Meter Deposit Check No. 10687 - 10699 Water Meter Installation Fund Check No. 10706 - 10761 Central Stores Fund Check No. 10710 - 10713 Sewer Operating Fubd Check No. 10745 - 10706, 10686, 10718 and 10736 Sewer Debt Fund '~ C'heck No. 10709 Check No. 10702, 10702, 10703~ 10705, 10744 and 10706 $186~ 682.~7 8.25 1 ! 684.81 120.08 210.00 499.50 78 ~,648.00 20~293.55 $477~450o00 455.76 Sewer Bond Construction Fund Check No. 10715 - 10749 158~435.11 Workmen,s Compensation Fund Check No. 10700 29.14 Mr. Stanley, State Forester, presents the Board with a check in the amount of $9,445.61 for one-quarter of the gross proceeds received from the sale of timber in Pocahantas State Park. On motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved that the minutes of the July 24, 1974 meeting be and they hereby are approved with the correction noted. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that, upon recommendation of the Engineering Department, the following Water Contracts be and they hereby are approved: Ayes: 1. W74-50D 2. W74-42D 3. W74-53CD 4. W74-51CD 5. W74-56CD 6. W74-55D 7. W74-57CD 8. W74-59D Surreywood North, Section "B" Bookman Construction Company Turner Road Kjellstrom & Lee, Incorporated Otterdale, Section "C" Bookman Construction Company Olde Coach Village, Section "D" Alpine Construction Company Huntwood Stamie E. Lyttle Company, Inc. Cloverleaf Office Park, Section "2" J. H. Martin & Sons Contractors, Inc. Lake Genito, Portion of Section "D" Rudolph Construction Company Garden City Heights 3M Construction Company Mr. Horner, Mr. Myers, Mr. Apperson and Mr. Krepela. $26,962.00 3,110. O0 41 342.00 37 800.00 13 190.00 2 670.00 14 421.90 9,745.00 On motion of Mr. Apperson, seconded by Mr. Horner, it is resolved that, upon recommendation of the Engineering Department, Project 7334, Rockwood Park Water Pumping Station, be and hereby is awarded to Roanoke Construction Company who submitted the low bid of $298,600. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. Krepela. Mr. Ken Lueke of the Corps of Engineers presents the Board with two reports: one on Kingsland Creek and one on Oldtown Creek. He states that this represents the fifth or sixth report done for the County by the Corps of Engineers. He also states that they are presently reviewing Swift Creek and that this report should be completed by January or February, and that a report on Ashton-Timsbury and Powhite should be completed about January, 1976. The Board thanks Mr. Lueke for these reports and states that they have been mos~ helpful. Mr. Painter states that he has received a letter from Mr. D. K. Woolfolk stating that surveyors have not been permitted on the Weaver property. Mr. Woolfolk comes before the Board and states that Mr. Weaver possibly does not realize that this sewer line would also help him as well as the Colebrook Company and the 98 parcels that would also be served. Mr. John Henson states that this plan is in the ultimate design for the County. He states that the land for Route 288 has not been acquired yet but that if the sewer is installed prior ~o the Highway Department coming in, they will provide the special casing for the line which will be needed where the proposed road will cross over. He also shows the alternate route that could be taken but at a much greater expense and may not serve~the area as well, when and if development occurs. Mr. Weaver comes before the Board and states that he feels Mr. Woolfolk is using the Board as a means to confiscate personal property. He states the need for this sewer is not for the health, safety Qr welfare of anyone concerned. He quotes from the State Code and feels this would actually be confiscation through the process of condemnation. Mr. Myers inquires if he has met with Mr. Woolfolk and the Colebrook Company. He states that he has talked with them and been asked, as he feels, to contribute to private enterprise. Mr. Krepela inquires if other condemnations are necessary. Mr. Woolfolk states that he is not sure as most of the people originally objecting to the sewer are thinking twice and re-evaluating this situation. Mr. Krepela asks who would pay for the sewer. Mr. Henson states that he is being paid by the County to do the design but that Colebrook~Company would pay for the sewer lines and that the County would give rebates. 'He states that the Colebrook Company would be paying approximately $150,000 and the County would pay $75,000, but basically the County would pay most all due to the off-site policy. Mr. Reid Goode comes before the Board and states that he is the other half of the Colebrook Company but that he has lived in the area 33 years and he knows of six persons that have had septic tanks replaced and they will have to do it again. He also adds that one school will be served by this sewer as well as the Village of Midlothian and that the Colebrook Company will never and does not expect to get back all the money they have to put in this sewer line. Mr. Krepel~ states that he understands Mr. Weaver's feelings and his position but also he knows that the Village of Midlothian is in need of sewer and further asks for comments of the other Board members. Mr. O'Neill states that he would have to look at this situation £rom an engineering standpoint and feels that the Board has to sewer when and where it is possible. Mr. Henson states that this sewer line would be o£ maximum density plus 10% reserve. Mr. Krepela states that he has mixed feelings and cannot make a motion at this time and further asks to see a copy of the minutes o£ the meeting at which this case was discussed. On motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that the Commonwealth's Attorney institute condemnation proceedings against the property owners listed below if the amount offered by the County as set opposite their name is not accepted. Be it further resolved that the County Administrator notify said property owners by registered mail on August 19, 1974, of the intention of the County to enter upon and take the property which is to be the subject of said condemnation proceedings. An emergency existing, this resolu- tion shall be, and it is hereby declared in full force and effect immediately upon passage. Project S73-24T/G Project S73-31T/T Nannette F. Dunlop Wallace M. Hall and Mary L. Hall, his wife $365.00 450.00 Ayes: Mr. Horner, Mr. Myers and Mr. O'Neill. It is generally agreed that this Board will recess for five minutes. Reconvening: Mrs. Alice Boschen comes before the Board requesting the Board seek a higher priority on Ruthers and Providence Roads. She says that the roads have blind' corners, no markings, upgrowth along the road and trees extending over the roads. She states that traffic is especially bad with Cloverleaf Mall and Provi- dence Green being in the same area. Mr. Covington states that Providence Road was scheduled for August', 1976, and Ruthers Road for October, 1975, but recently have'been rescheduled. He states that the main reason for this rescheduling is because construction costs have increased. He also states that he is willing to meet with the Board and discuss the priorities at any time. He presents the Board with a copy of the roads which have been rescheduled. Mr. Myers states that he feels closer attention should be given to maintenance. Mr. Hornet states that he feels maintenance should be taken care of on the roads that are presently in bad condition and then look towards the rebuilding, etc. of other roads. Mr. Covington states that there is a small percentage in the budget for maintenance. Mr. Homer states that he does feel edge line markings are very important and asks Mr. Covington to look into this matter. Mr. Krepela states that in the minutes of March 27, 1974, it states that Colebrook will attempt to get the easements and since they have not gotten the necessary easements he does not feel committed to vote for this sewer and leaves the matter up to the Board. Mr. Myers states that it is his understanding that they did attempt and could not, and feels this is not the same as if the minutes had stated "subject to getting the easements". Mr. Krepela states that he feels this would not be confiscation by the County, that the line is necessary and that it would be good for the County and for the Midlothian District. Mr. Myers states that he is always reluctant to condemn but sometimes it is necessary and it seems that all alternate efforts have been exausted. Mr. Horner inquires if during the recess Mr. Weaver has changed his mind. Mr. Weaver emphatically states he has not. Mr. O'Neill inquires if Mr. Weaver has any intention of developing this property at a later date. Mr. Weaver states he does not at the present time but he could change his mind later. Mr. O'Neill asks if the size of the line is a problem. Mr. Weaver states that line size does not enter into the matter. On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that condemnation proceedings be instituted against Mr. Albert F. Weaver for the purpose of obtaining a sewer easement. Ayes: Mr. Horner, Mr. Myers and Mr. O'Neill. Abstention: Mr. Krepela. Mr. Horner inquires who will pay £or the condemnation. Mr. Woolfolk states that he had not thought of this and it was not allowed for in the figures they had estimated. Mr. Homer states that he just wants Mr. Woolfolk to realize this is an open question and he may be contacted later. Mr. Wool£olk states that he understands. Mr. Burnett states that the County has been notified by the Highway Department that the following Roads have been accepted into the State Secondary System: Courthouse Green Subdivision~ Section Krause Road - Beginning at a point 0.43 mile north of its intersection with State Route 10 northerly 0.08 mile to its intersection with Gatesgreen Drive thence northerly 0.16 mile to a cul-de-sac. 0.24 mile Gatesgreen Drive - Beginning at its intersection with Krause Road easterly 0.06 mile to its intersection with Precedent Road thence easterly 0.08 mile to its intersection with Barrister Road thence easterly, northeasterly 0.10 mile to a dead end. Precedent Road - Beginning at its intersection with Gatesgreen Drive northerly 0.13 mile to a cul-de-sac. 0.24 mile 0.13 mile Barrister ROad - Beginning at its intersection with Gatesgreen Drive northerly 0.17 mile to a dead end. 0.17 mile These Roads have been accepted into the State Secondary System effective July 1, 1974. Archway 'Subdivisio.n~ .Section "C" Rosegill Road - Beginning at its intersection with Reams Road northeasterly 0.06 mile to its intersection with Radborne Road, thence northeasterly 0.07 mile to its intersection with Archway Road, thence northeasterly 0.12 mile to its intersection with Becar Road, thence northeasterly 0.03 mile to its inter- section with Minuet L~ne, thence northeasterly 0.04 mile to its intersection with Carbe Road, thence northeasterly 0.04 mile to a cul-de-sac. 0.36 mile Minuet Lane - Beginning at its intersection with Rosegill Road easterly 0.02 mile to a dead end. 0.02 mile Archway Road - Beginning at its intersection with Rosegill Road westerly 0.06 mile to State Maintenance from Rosegill Road easterly 0.05 mile to a dead end. 0.11 mile Philray Road - Beginning at its intersection with Archway Road southerly 0.06 mile to Radborne Road. 0.06 mile Radborne Road - From its intersection with Rosegill Road northerly 0.10 mile to Philray; and from its intersection with Rosegill Road southerly 0.05 mile to a cul-de-sac. 0.15 mile Eecar Road - Beginning at its intersection with Rosegill Road westerly 0.09 mile to State Maintenance. 0.09 mile Carbe Road -.Beginning at its intersection with Rosegill Road westerly 0.07 mile to its intersection with Carbe Court, thence 0.03 mile to State Maintenance. 0.10 mile Carbe Court - Beginning at its intersection with Carbe Road northerly 0.07 mile to a cul-de-sac. 0.07 mile These Roads have been accepted into the State Secondary System effective July 26, 1974. Otterdale - Section "B" Subdivision Charlemagne Road - Beginning at its intersection with Aldengate Road southerly 0.15 mile to its intersection with Charlemagne Court, thence 0.04 mile to a cul-de-sac. 0.19 mile Aldengate Road - Beginning at its intersection with Otterdale Road, Route 667, easterly 0.10 mile to a dead end. 0.10 mile Charlemagne Court - Beginning at its intersection with Charlemagne Road easterly 0.06 mile to a cul-de-sac. 0.06 mile These Roads have been accepted into the State Secondary System effective August 12, 1974. Mr. Covington states that three entrance ways to Route 10 are under consideration at this time. He states that now is the time to build on Route 10 as construction~ is already underway. Mr. Burnett inquires as to who will be responsible for ~ obtaining the right-of-ways. Mr. Covington states that the Highway Department will on Cogbill and Kingsland Roads but that the County will have to on Courthouse Road. Mr. Burnett states that there may be some problem getting the easement because of some litigation at present with the owner. Mr. Covington states that if the County gets the right-of-way, the Highway Department will build the road. Mr. Covington states that the estimated cost, as per figures of May, 1973, will be approximately $50,000-$60,000 and will be paid from the Secondary Fund. Upon consideration whereof, and on motion of Mr. Myers, seconded by Mr..Horner, it is resolved that this Board approves the construction of the intersections of Cogbill and Kingsland Roads and holds the construction of Route 604 for further consideration until the County can obtain the easement at no cost to the County and further that the 604 realignment be funded from the primary Road Fund. Ayes: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. O'Neill. Mr. Burnett presents a letter from a group of citizens from the East Happy Hill Road area requesting that truck traffic be restricted on said-road between Route 1 and Route 620. The citizens cite the narrowness of the road, the heavy loads on trucks and small children playing in the area. Upon consideration whereof, and on motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that this Board post its willingness to hold a Public Hearing for the limiting of truck traffic on this road and then after 30 days have passed, a copy of this resolution requesting the State Highway Commission to restrict the truck traffic on this road be sent to the Highway Department. Ayes: Mr. Hornet, Mr. Myers and Mr. O'Neill. Mr. Covington presents the Board with the Secondary Budget for 1974-75. There arose a discussion of the dirt road leading northwardly from Route 360 to the Church in front of Manchester High School. Mr. Burnett states there is some question as to whether a direct access road or the rebuilding of the present dirt road should be considered. Mr. Covington states that it is his feeling that a direct access would be best. It was generally agreed that this would be deferred until the next meeting. contribute $15,000 .by contract for the 1974-75 support of the Richmond Symphony. Ayes: Mr. Hornet, Mr. Myers, Mr. Krepela and Mr. O'Neill. The Board recesses for lunch. Mr. Tommy Bryan of the Richmond Symphony comes before the Board to request the County to sign a contract for services rendered by the Symphony. He states that funds are critical and that if worse comes to worse, they would have to cut out services where financial support is not given. He states that the City of Richmond and others were contributing and that approximately one-third of the Youth Ochestra are Chesterfield County residents. Miss Debra White of Chesterfield tells what belonging to the Orchestra means to her in ways of experience and opportunities. After a general discussion of the program, it is on motion of Mr. Krepela, seconded by Mr. Myers, resolved that the Board Reconvening: 73Sl19 Mr. Edward Willey, Jr., representing Klingbeil Co., comes before the Board to request the rezoning from Agricultural (A) to Residential (R-7) (46.8 acres; 34.2 acres for single family dwellings and 12.6 acres for Condominium units), Townhouse for Sale (R-TH) (87.0 acres), Convenience Business (B-i) (7.3 acres), and Community Business (B-2) (5.0 acres). Also, a Conditional Use to permit construction of 128 Condominium units. This request is on two parcels of land which front approximately 2,000 ft. on the south line of Robious Road, are of irregular shape, contain 146 acres, and are located approximately three-fourths of a mile northwest of the intersection of Robious Road and U. S. 60. T. M. 17 (1) parcels 5 & 6. (Sheet 8.) Mr. Balderson states that this request has been deferred at the applicant's request for the past year and that the original application was in August, 1973. Mr. Burnett states that he has 40 petitions plus letters opposing this rezoning. Two more petitions are presented: one with 106 signatures and one with 202 signatures. Mr. Willey states that the neighbors are opposed for mainly two reasons: 1. Traffic and, 2. The School Situation. As for the traffic, he states that he has met with the Highway Department and their plans are to have Robious Road widened bY April, 1976, and that by April, 1976, they would only have 50 single family and 50 townhouses completed and' thus the problem would not be so great. As for the school situation, they have investigated and found that usually for every five units only one child of school age will be generated and single family dwellings would generate many more children than this. He also states that it is up to the County to absorb this additional load. He states that he feels the people are angry with the Highway Department, frustrated with the School Board and thus taking it out on Klingbeil Company. He quotes from an arti- cle of Silvia Porter that "condominiums are the in thing and the demand is becoming greater". Mrs. Adcock states that she has been trying to do something with her property since Fall, 1964, but because of the sewer situation it was impossible. She states now that sewer is available, she should not be prohibited from selling her property and also feels that Klingbeil has bent over backwards in following the wishes of the Board. Mr. George Cook states that if what Mr. Willey says is true about the widening of Robious then it would be adequate for what exists now but not for additional traffic. He also states that the school is going to be 200 over capacity as of this Fall as it is. He states that he does not want Chesterfield County to become another Fairfax or Prince William County. Mrs. Angela Leary states that the impact on existing families is their concern. She adds that she does not question the quality of Klingbeil and does not object to the Adcock Property being sold, but is opposed to the school situation and Klingbeil's impact on same and also the terrible traffic situation that is now and would be worse. She asks Mr. Krepela to vote against this rezoning case. Nr.~Ty Winder opposes this rezoning request because o£ the school and road situations also. Mr. George Conner states that he feels too many apartments are going He up. states that there are presently £ive complexes already in the area and does not feel the residents should be boxed in. Mr. John Jansen asks that the people present opposing this rezoning to stand. There are about 50 people present who stand. Mr. Krepela states that the reason for the deferrals was so that the developer could get the consent of the people in the area and he did not accomplish this, but that it was. of his own choosing. Upon consideration whereof, it is on motion of Mr. Krepela, seconded by Mr. Apperson, resolved that this rezoning request be denied. Mr. Horner adds that he can understand Mrs. Adcock's feelings and he hopes that she will be able to get the most out of her land. He states that when sewer is constructed, high density development follows. Mr. Myers adds that he can see the two sides to this case. He states that this is an important case as it will set the trend for others. He states he could vote for it but with the school situation he would not. Mr. O'Neill states that he feels there should be another way for young people to buy homes in lieu of renting apartments or buying condominiums. Mr. Apperson states that he does not feel the BOard is being fair by laboring over a request of this nature for so long. He states there are costs to be borne by those indiMiduals involved and he does not feel the Board should give' false hopes. A vote being taken: Ayes: ' Mr. Hornet, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 74S037 Mr. William W. Moseley comes before the Board, representing Hoppy Hobson Properties, Inc., to request the rezoning from Agricultural (A) to Townhouses for Sale (R-TH) of a parcel of land of irregular shape, containing 40 acres, lying off the west line of Pocoshock Creek, and being located approximately 2,000 ft. south of the intersection of Sturbridge Drive and U. S. 60. T. M. 17 (1) parcel 1 (Sheet 8). Mr. Moseley says that the County presently does not and will not have the housing that is needed in the County and that condominiums are the now thing. He states that the quality of the proposed complex is excellent and that the townhouses for will range in price from $33,000-$49,500. Mr. Howard M. Jennings, Jr. comes before the Board and presents a slide show of the complex and what is planned. Mr. Burnett reads a letter from Mr. Mathew Kalan, President of the Pocono Civic Association, opposing this rezoning request. Mr. Horner states that he feels the Board needs better promises with regard to the road situation and that this could possibly pose moral down grade for the area. Mr. Krepela states that the RMA situation, the school situation and the secondary road system situation is bleak at the present time. He feels the Board should wait until those complexes which have been approved are built and then re-evaluate the situation. Mr. O'Neill states that he could lean towards this type of complex except for the situations that are now in existance. Mr. Apperson states that he feels the Board is leading people in the dark with regard to multifami~ development. He states his main objection to this development is that there is only one access to the development and further feels this would not be safe for the people involved. Mr. Myers states that Midlothian and Clover Hill Districts are being taken care of and that Bermuda District is on hold. He states he will be changing his tune on his voting practices and wants the Board to be aware of this fact. He states that development of this type is needed in Bermuda and Matoaca Districts and that developers should be made aware of this fact. Mr. Hoppy Hobson states that if the zoning cases are not going to be decided on their merits, then the Board should put on a moratorium so that developers would not have to spend so much money without a chance to win zoning. Mr. Ritz states that he does not feel it would be proper for the Board to pass a moratorium restricting multifamily development. He states that they are taking each case on its own merits and also that the developers are aware that there is a slim chance for these rezoning requests to be approved and they continue on. On motion of Mr. Horner, seconded by Mr. Apperson, it is resolved that this resoning request be denied. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 74SR099 Ms. Agnes Comer comes before the Board requesting a renewal permit to locate a mobile home at 15812 Meridian Avenue in Matoaca Magisterial District. Upon consideration whereo£, and on motion of Er. O'Neill, seconded by Er. Myers, it is resolved that this request be and it hereby is approved for a period of two years. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 74S100 Mr. Clifford W. Carter comes before the Board requesting a permit to locate a mobile home 'along the east line of Hill Road approximately 1,800 ft. southwest of its intersection with Cannasta Drive (Refer to Lot 33, Ampthill Gardens, Sec. 2') (Sheet 22). On motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved that this request be and it hereby is approved for a period of two years. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 74S101 Mr. George E. Orange comes before the Board requesting a Permit to locate a mobile home at 6706 Hopkins Road. Upon consideration whereof, and on motion of Er. Apperson, seconded by Mr. Myers, it is resolved that this request be and it hereby is approved for a period of two years. Ayes: Mr. Hornet, 'Mr. Myers, Mr. Apperson, Mr? Krepela and Mr. O'Neill. 74S102 Mrs. Shirley A. Cordle comes before the Board to request a permit to locate a mobile home at S440 Kingsland Road. T. M. 81-2 (1) parcel 17. Mr. Myers inquires if Mrs. Cordle lives in the mobile home. Mrs. Cordle states that she rents it to Mr. and Mrs. Johnson. Mr. Myers states that the County does not permit any mobile homes in the County for rent unless they are in a trailer park. Upon consideration whereof, and on motion of Mr. Myers, seconded by Mr. Krepela, it is resolved that this request be and and it hereby is denied and further that Mrs. Cordle would be allowed six months in which to vacate the trailer and that as long as the present septic tank works properly there will be no need to replace it. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 74Sl14 Mr. Ray T. Whitmore comes before the Board to request a Variance to build a dwelling on a parcel of land which .has no public road frontage. This parcel lies approximately 600 ft. off the northeast line of Harrowgate Road, directly opposite its intersection with Beechwood Road. T. M. 163-2 (1) part of parcel 2 (Sheet 49). There is present a delegation of 10 persons opposing this request. On motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that this request be and it hereby is denied. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 74Sl15 Mr. 'Carson G. Bosher comes before the Board to request a Variance to build a dwelling on a parcel of land which has no approved road frontage. This parcel lies approximately 1,000 ft. off the south line of Beach Road, measured from a point approximately 250 ft. west of its intersection with Qualla Road. T. M. 110 (1) part of parcel 45 (Sheet 29). Mr. Apperson states that he would like to know of further variance requests on this parcel of land prior to their being carried out this far. He states that he will not approve any more variances for this area and wOuld like the present owner to be notified of same. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that this Variance be granted with the understanding that the County will not be responsible: for the maintenance of this road or any of its problems. Ayes: Mr. Homer, Mr. Nyers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Foster comes before the Board and states that there have been problems with this road and he hopes the Board will not grant any more variances in the area. Er. Apperson states that Mr. Foster knew this when the variance was granted for his piece of property. Mr. Bosher states that he has access to machinery, etc. and feels if the residents of the area would help, they could improve the condition of this road. 74Sl16 Mr. Clinton B. Mullen comes before the Board requesting a Variance to build a dwelling on a parcel of land which has no public road frontage. This parcel lies approximately 840 ft. off the south line of Old Buckingham Road, measured from a point approximately 330 ft. east of its intersection with Warminster Drive. T. M. 16-7 (1) parcel 9 (Sheet 7). Mrs. Virginia Schlemmer comes before the Board with a petition signed by 16 persons in the area. She states that if this variance is granted it will open up the property to the rear of the residences and will allow commercial business in the area which would endanger the lives of the children in the area. On motion of Mr. Krepela, seconded by Mr. Apperson, it is resolved that this variance request be and it hereby is denied. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Pinckney Eve requests a Variance to build a dwelling on two parcels of land which have no approved public road frontage. These two parcels of land are located approximately 180 ft. off the southwest line of Treely Road, measured from a point approximately 200 ft. southeast of its intersection with Carmel Drive. T. M. 148-11 (1) parcels 13 & 14. On motion of Mr. O'Neill, seconded by Mr. Apperson, it is resolved that this variance request be and it hereby is approved.. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. Mr. Robert Maxwell requests a Variance to build a dwelling on a parcel of land which has no public road frontage. This parcel of land is located approximately 1,000.ft. off the north line of Point of Rocks Road, measured from a point approximately 1,315 ft. west of its intersection with Spruce Avenue. T.M. Sec. 151-4 (1) parcel 2-1. On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that this variance request be and it hereby is denied. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that thi.s Board requests the Judge of Circuit Court, the Honorable Ernest P. Gates, to appoint the following persons as School Guards and Special Police Officers for one year effective August 28, 1974: Frances G. Coffey Margaret C. Davis Jean Givens Lavene Anna H. Johnson Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that this Board requests the Judge of Circuit Court, the Honorable Ernest P. Gates, to appoint the following persons as Police Officers for the County of Chesterfield beginning September 1, 1974, for a term of three (3) years and one (1) month: James Melvin Roach Dwaine Kinneer Friedline Ernest Loren Allen Harrison (nmi) Owens James Edward Ruffin Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. Mr. Painter states that the Engineering Department feels a policy governing portable water meters should be adopted. He states that it is the recommendation of the Engineering Department that $100 deposit be required, a charge of $10 per month plus the cost o£ the water and any damage that is done to the hydrants. On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that $100 deposit be required, a charge of $10 per month plus the cost of water and any damages to hydrants be and hereby is approved. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Painter states ~hat there presently exist deficiencies in the water distribution system mainly due to a lack of storage and there is a need to expedite the construction of two tanks. He states that if they started work today it would take 10-12 months before the steel would be delivered. He states that they would like to place the order for 1½ and a 2~ million gallon tanks now. He states the low bid was from Capital City Iron Works for $142,608 for the smaller tank and $199,144 for the larger tank, both being subject to escalation. On motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that the Engineering Department be allowed to place the order for the two needed tanks with the Capital City Iron Works at the bid prices. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that, upon recommendation o£ the Engineering Department, the following Sewer Contracts be and they hereby are approved: S74-51D Druid Drive $4,45?.?5 Stamie E. Lyttle Company, Inc. S73-62D S74'-49D Lori Road Hawkins & Dettor Huntwood Stamie E. Lyttle Company, Inc. 5,920.00 9,985.00 Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Painter states that there was a mistake on the part of the Engineer and Contractor for Contract S73-21T. He states that it was between two choices of either tearing up what had been constructed or going to the larger pipe to correct the wrong elevation. He states the Contractor and the Engineer will have to pay for additional costs of this mistake. On motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that the Change Order No. 1 for Contract S73-21T, Middle Falling Creek Trunk Sewer be authorized. Ayes: Mr. Horner, Mr.'Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Painter states that he would like the Board to consider increasing the size of pipe for Project S73-31T in order to accommodate possible multifamily development. On motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that the pipe size for Timsbury Creek, Project S73-31T be increased at an approximate cost of $33,000.' Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Painter states that the Ashton Creek Pumping Station has now been enlarged to take care of 11,800 homes and that when this project was bid, the increase cost was $116,686 more than the original bid. Upon consideration whereof, and on motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that this Board accepts the increase in cost for Contract S73-25T. Ayes: Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Abstention: Mr. Hornet. On motion of Mr. O'Neill, seconded by Mr. Myers, be it 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 enter into an agreement with the Seaboard Coast Line Railroad Company, and to sign 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 sewer mains, lines of pipe, along and across said Railroad Company's right-of- way at or near Walthall, Virginia; as particularly described in said agreement, which agreement is dated May 16, 1974, a copy of which agreement is filed with this Board of Supervisors. Ayes: 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 final payment to R. E. Chakales & Associates, including $8,000 for gravel, for work completed in the Southam area be and hereby is approved. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Painter states that Clarence L. and Margaret P. Jamerson of 10511 Jason Road are requesting sewer on the installment plan. He states that they did not connect at the time the sewer lines were being constructed because they had spent a considerable amount of money putting in a new septic tank. Mr. Painter states that it is the recommendation of the Engineering Department that they accept this one but study this type of request further before allowing more connections. On motion of Mr. Krepela, seconded by Mr. Myers, this request of Clarence L. and Margaret P. Jamerson is hereby approved for sewer connections on the installment plan. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Painter states that he has a request from F. G. Slean & Sons for four sewer connections in Bury Subdivision that would connect on to the Enon System. On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that this request for four sewer connections to F. G. Sloan & Sons is hereby approved. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Painter states that Landmark Building, Incorporated, has requested a sewer connection to Lot 95 in Bellwood Manor. On motion of Mr. Myers, seconded by Mr. O'Neill, this request is hereby approved. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Painter states that he has a request £rom Mr. Beggs, owner of a Dry Cleaners on Center Street, for a sewer connection. It is generally agreed that the Engineering Department work out further details of this connection. Mr. Painter presents several plans whereby the sewage can be .pumpted from the Enon area to Proctor's Creek. After much discussion of the merits of each plan, it is on motion of Mr. Myers, seconded by Mr. O'Neill, resolved that the County Engineer be authorized to proceed with Plan 4 or Plan 5, depending on further investigation. Mr. Painter presents costs of increasing the volume of the Proctor's Creek Interim Plant to 1 mgd and it appearing that .5 mgd will not be sufficient initially, it is on motion of Mr. Myers, seconded by Mr. O'Neill, resolved that Proctor's Creek Interim Plant be enlarged from §00,000 gallons to i,000,000 gallons per day. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the contract for the parking lot addition be granted to IPK of Chester, who submitted the low bid of $$7,070.50. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. Krepela, it is resolved that Route 1661 be named Troydale Street from Clovis Street eastwardly to Omaha Street. Ayes: 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 an additional appropriation of $2,9?8.06 for the purchase of a tractor with front end loader for the County Drainage Department be and hereby is approved. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that since ?4.?% of possible connections in the area east of Bellwood had indicated acceptance of sewers, that the County Engineer be authorized to advertise this project for bid. Ayes: 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 the requests from the Disabled American Veterans, the County Fair Association and the Veterans of Foreign Wars for a renewal of Bingo Permits be and they hereby are approved. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Burnett states that the Real Estate Data Co., Inc. is in the process of doing real estate reports for the City of Richmond and Henrico County and is interested in doing the same in Chesterfield. He says that they will use information from data processing and engineering such as tax books, maps, etc. and will combine all in one or more books. He states that this service would rent for approximately $400 per year, they would provide the County several books at no charge and it would relieve the heavy workload of Mr. Falconer's front office. He states that there will be no cost to the County for this service. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that Real Estate Data Co., Inc. be allowed to collect the necessary information for such a volume for the County o£ Chesterfield. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. It was reported that insurance for the County and property owners of whose property trash containers may be located would cost approximately $25 per year and that the 4 cubic yard capacity trash containers would cost the County $S2.50 each per month on a rental basis from Sanitation, Inc. Upon considerationi whereof, it is on motion of Mr. Myers, seconded by Mr. Apperson, that a contract be awarded to Sanitation, Inc. £or up to 25 - 4 cubic yard containers for a period o£ one (I) year with the understanding that each Supervisor would advise Mr. Manuel as to the specific location or general location o£ the containers in his District and that adequate insurance be secured £or both the County and the landowners. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Burnett states that the County had received bids £or the Ettrick Rescue Squad on the radio system that was planned. He states that the Squad wants the Motorola system in lieu of General Electric who submitted the low bid. One of the reasons being that the Motorola maintenance shop is located in Ettrick. He also states that ~here is only $540 difference in the high and Iow bid and that the federal share will be half of the lowest bid and the Rescue Squad will add the difference. Upon consideration whereof, and on motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that the radio system for the Ettrick Resque Squad be purchased from Motorola Corporation at the price of $3,994.37. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Burnett states that the County would like to purchase a small farm type tractor to cut grass and move snow. Upon consideration whereof, and on motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that the County purchase a tractor from Old Dominion Ford Tractor who submitted the low bid o£ $6,070.18. Ayes: Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Burnett gave a brief summary of 208 sewer planning. He states that Planning Districts 15 and 19 will receive an EPA Grant in the amount of $950,000 for planning. He also states that there is some problem with the representation for each City and County. He states that definite plans will not have to be completed.until September and additional negotiations will be forthcoming. O'n motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that the. request by the Chesterfield Fire Show for a Fireworks Display is hereby approved. Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that Mrs. Sadie C. Mann's game claim for the destruction of nine pullets at $2.50 each, in the amount of $22.50, be and it hereby is approved for payment. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Krepela, seconded by Mr. O'Neill, it is resolved that this Board accepts the offer of Glen Rawls, as set forth in his proposal dated August 2, 1974, to purchase one (1) acre, approximately 175' x 250', of land at the Chesterfield Airpert Industrial Park, upon terms and conditions therein for the !purchase price of $15,000 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 Glen Rawls. Ayes: Mr. Myers, Mr. Krepela and Mr. O'Neill. Abstention: Mr. Apperson. It was generally agreed that this Board would not appoint a person to serve on the Board of Equalization until all attempts are made to find a person who is involved in timber or farmland. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the Revenue Account 11-000-618.4 for the Emergency Employment Grant be increased $16,000 and the following expense accounts be increased: iiAYes: 11-190-100.0 Salaries $14,200.00 11-190-220.0 Travel 200.00 11-190-295.0 Fringe Benefits 1~600.00 Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. lion motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved that $5,952.00 be appropriated from the Unappropriated Surplus of the General Fund to 11-016-109.0, Clerical Assistance in the Central Accounting Budget. Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved that $864.00 be appropriated from the Unappropriated Surplus of the General Fund to 11-130-102.0, Compensation Registrar to increase the Budgeted Expenditure to $9,956.00 and to increase Revenue Account 11-000-621.0, Reimbursement - Registrar, by $9,956.00. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. Krepela, it is resolved that the sum of $18,864 be appropriated from the Unappropriated Surplus of the General Fund as follows: $18,000.00 to 11-012-104.0, Comp. Assistants 864.00 to 11-012-109.0, Clerical Assistants $18~864.00 Ayes: Mr. Horner, Mr. MYers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. The Board generally agrees that the Light Committee should meet and look over the list of.light requests for the County. On motion of Mr. Krepela, seconded by Mr. Apperson, it is resolved that the Board agrees to the appointment of Mr. A. E. Marks of Henrico County as the local consortium's representative to the Virginia Manpower Service Council. Ayes: M~. Horner, Mr~ Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. O'Neill, seconded by Mr. Apperson, it is resolved that Chesterfield County accepts the offer of Fred Swearingen, Sr. and Fred Swearingen, ~ Jr. to purchase 30 acres in Lots 1, 2, 3 and 4 of BlockE and Lots 2, 3 and 4 of Block D and all bf Lots 7 and 8 of Block F, Windsor Hills Subdivision for the consideration of constructing a road and water line from Harrowgate to Dean Drive. · And, be it further resolved, that the County Attorney petition the Circuit Court for the appointment of Counsel to examine the title of said land.' Ayes: Mr. Horner, Mr. Myers,. Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that this Board approve~ the payment of $2,634 to the Virginia Association of Counties as Chesterfield's share of negotiating a better electric rate with the Virginia Electric and Power Company. Ayes: Mr. Horner, Mr, Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that Chief Eanes be authorized to sell Unit #4~5, the same being a surplus fire pumper, at Public Auction as soon as feasible. Ayes: Mr. Horner Mr. Myers Mr. Apperson and Mr Krepela On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that Chief Eanes be authorized to attend a Fire Seminar in Los Angeles for four days in October with the understanding that the County will pay meals and lodging for this trip. Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson and Mr. Krepela. On motion of Mr. Krepela, seconded by Mr. Apperson, it is resolved that this Board accepts an agreement between the County and London Park Land Company and authorizes the Chairman to sign a save-harmless agreement with the Highway Department for certain drainage easements that may be necessary to acquire in the London Park development. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. Krepela. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that this Board approves an emergency allocation of ~ (one-half) day sick leave per month for Mrs. Bridget Rubes due to a back injury which will necessitate lengthy convalescence. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved that a proposed change in the County Code governing volunteer rescue squads be advertised for Public Hearing on September 25, 1974, which change will allow 18 year olds with proper credentials to ride emergency vehicles with a senior squadsman. Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. Krepela, it is resolved that the following erroneous tax claims be and they hereby are approved for.payment: Willie E. Poole J. R. Elliott Michael E. Wirt E. L. Parsons, Jr. E. L. Parsons, Jr. Joyce O. James Personal Property Taxes, 1974 Personal Property Taxes, 1974 Personal Property Taxes, 1974 Personal Property Taxes, 1974 Personal Property Taxes, 1974 County Vehicle License, 1974 18.02 18.02 3.37 39.78 19.38 15.00 Curtis Circulation Field Service James B. Barnett Johnnie L. Worrell Styles Bi Rite Food Stores, Inc. Dale Ruritan Founda- tion, Inc. Dale Ruritan Founda- tion, Inc. Ayes: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. O'Neill. Abstention: Mr. Apperson. County Vehicle License, 1974 Personal Property Taxes, 1974 County Contractor License, 1974 County Retail Merchants License Personal Property Taxes, 1974 Personal Proper~y Taxes, 1974 15.00 10.20 3.93 224.21 1,003.78 10.85 On motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved that the County Attorney be requested to represent Mr. John Martin, the operator of a dozer on the County Landfill, in a suit of alleged injury to a child on the County's Landfill. Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Krepela, seconded by Mr. O'Neill, it is resolved that all bids for the Rockwood Park lighting involving incandescent lighting be denied and that new bids be sought using multi-vapor fixtures. Ayes: Mr. Horner, Mr. Myers, Mr Apperson, Mr Krepela and Mr. O'Neill On motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that this Board go into Executive Session to discuss Personnel matters. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Reconvening: It was brought to the Board's attention that the Ordinance to change the retirement policy on Police Officers, enacted on June 26, 1974, on an emergency basis, be revised 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 one and one-half (1~) of the highest three (3) years average income multiplied by the number of years of his creditable service, plus One Hundred Ninety and No/100 Dollars ($190.00) per month. 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 during her widowhood, shall receive an annual allowance payable monthly, equal to one-half (4) of the member's retirement payment. Said widow receives this amount until she reaches eligibility age for receiving maximum Social Security 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 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 and paid in such manner as the Retirement Board may determine. If a member hereafter dies in service at any time before retirement from a cause determined by the Retirement Board to 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 (½) of the members pension if he had retired at his earliest retiremen~ age. (Average of highest five (5) years income multiplied by the number of years of creditable ser~i~e 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 widow shall receive full amount of pension un~il child or children reaches the age of eighteen (18) years. 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 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 offse~ against any benefits payable under the retirement system. Any member at any time before retirement who becomes permanently disabled with- out 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 (Ih) 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 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 per centum (13%) 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. Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that This Board adjourns at 10:35 p.m. until 9:00 a.m. on August 28, 1974. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. M. W. Burnett, Secretary Hornier, Chairman