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04-09-75 Minutes~ Present: Mr. Irvin G. Homer, Chairman i! Mr. Leo Myers, Vice-Chairman ~i Mr. J. Ruffin Apperson !i Mr. A. J. Krepela il Mr. E. Merlin O'Neill ~ Mr. M W. Burnett Co. Admin. !i ? The invocation is given by Mr. Myers. VIRGINIA: At a regular meeting of the Board of Supervisors of Chester- field County, held at the Courthouse on April 9, 1975, at 9:00 a.m. Also Present: Mr. Stanley Balderson, Chief Planner Mr. Raymond Birdsong, Asst. Co. Eng. Mr Lee O. Falwell, Asst. Co. Admin. Mr C. G. Manuel, Asst. Co. Admin. Mr Morris Mason, County Attorney Mr Robert Painter, County Engineer Mr William Prosise, Asst. Co. Eng. Mr Michael Ritz, Planning Director Mr James Schiavo, Zoning Inspector Mrs. Joan Smith, Secretary Mr. David Welchons, Asst. Co. Eng. Onmotion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the minutes of March 24th and 26th be and they hereby are approved. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. Krepela. The Board of Supervisors this day approved all claims presented to the County for the month of March, 1975 and authorized the Treasurer of the County to issue war- rants as follows: General Fund Check 97439-99021 $493,106 77 Revenue Sharing Fund Check 98151 & 98213 69,132 40 Library Fund Check 97440-98992 Law Library Fund 97,590 66 Check 97493-97567 Airport Fund 452 60 Check 97448-98998 County Garage 10,263 42 Check 97464-98982 Store Room 34,330 07 Check 97479-98958 Workmen's Compensation 2,435.74 Check 98144-98989 273.00 County Nursing Home Check 97441-98997 Nursing Home Construction 29,101.37 Check 97491-98944 Water Operating Fund' 2,879.18 Check 11924-12069 i Water Debt Check 11985-12018 · Water Improvement Repl. & Ext. Check 11916-12065 ~ Water Meter Deposit Check 12025-12040 Water Meter Installation Check 11923-12023 21,514.40 455,096.75 125,738.54 740.00 2,519.36 Central Stores Check 11915-12062 Ettrick Utilit~ Check 11921-12048 Sewer Operating Check 11924-12059 Sewer Improvement Check 11930-11999 Sewer Bond Construction Check 11935-12066 Stub Road Fund Construction Utilities Sales Tax $ 29,919.87 1,346.67 9,118.59 47,015.77 561,262.72 Check 11981 Utilities Workmen's Compensation Check 11977 Va. Public Assistance Fund 12.32 1,055.16 Check 98-756-98824, 98743-98750 Social Services - 97123-97129~ 97426-97427 98826-98826; 97104-97106 97121-97121; 97865-97865 97130-97418; 97428-97438 97866-97880; 98846-98853 99116-99137; 98757-98796 97117-97120; 98798-98825 98827-98845; 99022-99115 97107-97109; 97122-97122 97110-97116; 98744-98752 98739-98742; 98753-98755 82,115.46 ? On motion of Mr. Krepela, seconded by Mr. Apperson, it is resolved that the follow- ~ ing Water Contracts be and they hereby are awarded as follows: 1. W75-29D 2. W75-28CD 3. W73-85D Ayes: Bon Air Manor Fred W. Barnes Construction Co., Inc. Burge Avenue Fred W. Barnes Construction Co., Inc. Settlers Landing, Section A-2 Bookman Construction Company Mr. Horner, Mr. Myers, Mr. Apperson and Mr. Krepela. $ 5,121.00 33,408.00 12,606.00 On motion of Mr. Horner, seconded by Mr. Krepela, it is resolved that Water Con- tract W75-8CD for Brandermill, be and it hereby is awarded to S. O. Jennings in the amount of $344,639.50 using 24 inch pipe. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. Krepela. On motion of Mr. Horner, seconded by Mr. Myers, it is resolved that Water Contract W74-63C (F), Foundation for Elkhardt Tank, be and it hereby is awarded to Halifax Builders in the amount of $32,850. Ayes: Mr. Horner, Mr. Myers and Mr. Krepela. On motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved that the Engi- neering Department be authorized to receive bids on the following Contracts: S74-43C 7032-18, 7031-19, 7032-20 7032-11 7032-23A, 7032-23B, 7032-23C 7032-2A, 7032-2B, 7032-2C Ayes: Elkhardt Road Area Kingsland Creek Millers Run Johnsons Creek Crestwood Farms Mr. Horner, Mr. Myers, Mr. Apperson and Mr. Krepela. On motion of Mr. Krepela, seconded by Mr. Apperson, it is resolved that this Board authorizes a second service lateral to Mr. Cahoon of 2802 Brixham Road, which would allow him t~o connect his third septic tank to the sewer system with the understand- ing that he pay half the cost of this additional lateral which is estimated to be approximately $200. 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 this Board IncaUth°rizes. five sewer connections in Shady Acres to the Southfield Land Company, Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. O'Neill, seconded by Mr. Myers, be it resolved that East Booker Boulevard and West Booker Boulevard, between Iron Bridge Road (State Route 10) and Carver Heights Drive, in Matoaca District, Chesterfield County, Virginia, be closed to all trucks or truck and trailer or semi-trailer combination traffic except pick- up or panel trucks. The Board doth hereby determine such restriciton on truck traf- fic on these roads to be necessary to protect and promote the health, safety and welfare of the citizens living along and in the immediate vicinity of the said roads. Be it further resolved that all such truck traffic be rerouted by appropriate signs to the intersection of Carver Heights Drive with Iron Bridge Road (State Route 10). And be it further resolved that the Clerk of this Board submit this resolution to- gether with other such information that may be necessary to the State Highway Com- mission for appropriate action in restricting truck traffic on these roads and re- routing such traffic as proposed herein or as otherwise may be found convenient. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. O'Neill and Mr~ Myers voice some concern for the signs leading to the Landfill and state that the signs soutd be enlarged. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that, upon the re- quest of the State Water Control Board and upon the recommendation of the Engineer- ·ng Department, this Board authorizes the Chairman to sign an agreement rev6king nine existing State certifications and authorizes the issuance of new National Pol- lution.Disposition Elimination' System (NPDES) permits. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. It is generally agreed by the Board that a mimeographed list of all terms used by the Engineering Department would be very helpful and requests same from the County Engineer. Mr. Painter states that Day Realty of Richmond, Inc. has informed the Engineering Department that they cannot get an easement from Mrs. Francis Surrey to sewer their property and has further requested that the Board institute condemnation proceedings ~for this off-site easement and they will bare the expenses incurred. On motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that the County assist in the obtaining of this easement with the developer paying the expense of this condemnation procedure if further negotiations by Mr. Myers are futile. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Krepela, seconded by Mr. Apperson, it is resolved that the County Attorney institute condemnation proceedings against the property owners listed be- low if the amount offered by the County as set out opposite their names is not ac- cepted. Be it further resolved that the County Administrator notify the said prop- erty owners by registered mail on April 14, 1975, 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 resolution shall be and it is hereby de- clared in full force and effect immediately upon passage. Francis V. Taylor and Ida Mae Taylor (his wife) 7032-6B/45 $50.00 Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Painter states that the County is experiencing a number of problems with the Bellwood Terrace Apartments. He states that the turnover in ownership several times !!has caused the County many problems regarding the payment of water and sewer bills and further that the road situation is also bad and steadily getting worse He ilstates that the original owner made promises and did not come through and they are ilnot sure who is responsible for these problems. Mr. Mason states that he feels the ~original zoning application would have to be checked to see what the requirements ~and stipulations were placed on this property and the owners. On motion of Mr. 'M i~ yers, seconded by Mr. Apperson, it is resolved that this Board hold a meeting on iiApril 23rd at 5:00 p.m. with the owners and residents of this complex to find a ~!workable solution to all the problems in the area. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. !!Mr. Prosise states that there is a siltation problem in Rock Creek Lake in that the developer promised the residents in the area that the lake would be 48 inches deep in its entirety and that when actually measured it ranges from 30 inches to 60 inches with no consistency. Mr. Lord, representing the Civic Association, states that they asked the developer not to clean the lake out when he removed the sandbar until all siltation had occurred and that he did clean it out then and the siltation is still occurring. Mr. Prosise states that he feels the developer did live up to the in- tent but has not lived up to the 48 inches promised and adds further that there is no problem with the lake staying as it is. It is generally agreed that this matter ~ be deferred for six weeks to see if the siltation continues to drain into the lake and if it does not the developer will not have to dredge the lake but if further siltation does occur the developer will come back and dredge again. Mr. Prosise states that the Engineering Department has received an estimate for the turn lane on Route 147 and Olde Coach Drive which estimate is $10,000 due to the fact that storm sewer pipes would have to be laid before the lane could be constructe Mr. Krepela inquires if there is any possibility of some participation from the de- veloper of the Subdivision or the Highway Department. Mr. Prosise states he does not feel either would participate. It is generally agreed that this matter will be deferred until further investigation can be made of the problem. Mr. Prosise states that there exists a drainage problem around the Quail Oaks La- goon and residents in the area are complaining about mosquitos, etc. and that it will cost approximately $1,000 to fix this problem using rented machinery and County labor. He adds that there are about six homes in the area that are effected. It is generally agreed that the Engineering Department eliminate the excess water in the area at this time and look for a cheaper solution to the major portion of this problem. Mr. Prosise states that there is a drainage problem in the Subdivision of Shenandoah with standing water in the back of four homes. He states that the cost to fix this problem would be about $16,350 and there is no money in this year's budget for this work. Mr. Horner asks if the developer of Shenandoah will help with this problem. Mr. Prosise states that he does not know but he will contact the Shenandoah Corpora- tion and the Highway Department since water runs off the road to see if they will help. Mr. Burnett states that this time and date has been set aside for a Public Hearing on an Ordinance to adjust the building, electrical, plumbing, etc. fees in the County. There being no one present, it is on motion of Mr. Apperson, seconded by Mr. Myers, resolved that the following Ordinance be and it hereby is adopted: AN ORDINANCE to amend and reordain the Code of the County of Chesterfield, Virginia, by adding thereto under Article I of the Virginia Uniform Statewide Build- ing Code a new section, Section 118.01 through 118.04, providing for a schedule of fees to be charged for building, mechanical, plumbing and electrical permits; and further providing for certain exemptions, filing certificates of cost and dis- position of fees. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: 1. That the Code of the County of Chesterfield, Virginia, be amended by add- ing to Article I of the Virginia Uniform Statewide Building Code, new sections, Sections 118.01 through 118.04, to read as follows: Section 118.01 Permit Required; Schedule of Fees Unless otherwise excepted, no permit to begin work for new construction, al- teration, removal, demolition, or other building operation or construction required by the several provisions of the Virginia Uniform Statewide Building Code shall be issued until the fees prescribed in this Section shall have been paid° No amend- ment to a permit necessitating an additional fee because of an increase in the es- timated cost of the work involved shall be approved until the additional fee has been paid. All such permits shall be issued by the Building Official on forms ap- proved and furnished by his office. The fees for permits shall be based upon the project cost in accordance with the following schedule: PERMIT FEE 1o Building - a. Basic building, including signs - $2,000 or less each additional thousand - il b. Demolition c. Moving and/or Relocation buildings d. Septic tank 2. Mechanical - $10.00 2.50 10.00 10.00 5.00 Heating and/or air conditioning - $2,000 or less each additional thousand - b. Replacement of oil or gas tanks over 10 gallons c. Replacement of hot water heater 10.00 2.50 10.00 10.00 Plumbing - a. Basic plumbing - four (4) traps or less each additional trap b. Water, sewer, and septic tank connections c. Wells Electrical - $10.00 1.50 10.00 10.00 a. Basic electrical ~ $1,000 or less .each additional thousand 10.00 5.00 b. Elevator/escalator ~ $1,000 or less each additional thousand 10.00 5.00 Electrical and Plumbing Cards - a. Master card - annually Examination 5.00 20.00 b. Journeyman card - annually Examination 5.00 10.00 Section 118.02 Exemptions from Fee Requirement A No fee shall be required for building permits for construction when the cost of such construction is less than five hundred dollars ($500) and such con- struction would not .involve securing any other permit as required by Section 118.01. B. No fee shall be required to be paid for permits to be issued for the con- struction of buildings designed for and used to house religious assemblies as a place 'of worship. Section 118.03 Filing Certificates of Cost; Adjustment of Fee Upon completion of any building or construction for which a permit is required under the provisions of the Virginia Uniform Statewide Building Code, the appli- cant shall file with the Building Official on forms furnished'by him, prior to occupancy or with ninety days after completion, a certificate of actual cost of such building or construction. At the time such certificate of actual dost is filed, the amount of fee required by this Article shall be adjusted to the actual cost and either an additional fee paid or a refund made. Section 118.04 Disposition of Fees Ail permit fees required by this Article shall be paid by the applicant to the County Treasurer or his deputy at the time the application for permit is filed with the Building Official, and upon receipt of such fees, the Treasurer shall deposit same to the credit of the County general fund. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Myers states that the reason the County is increasing these fees is because the new BOCA Code is requiring additional services of the Building Inspector's Office. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that this Board accepts with regrets the resignation of Mr. Marshall Jones, Extension Agent for the County of Chesterfield. 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 follow- ing erroneous tax claims be and they hereby are approved for payment: Robert M. and Barbara L. Bushman Ford Marketing Corp. c/o Whitten Brothers, Inc. Lehmond R. Norman Ross Ford, Inc. Pandy's Peanuts, Inc. Thomas E. Yates The Children's House, Inc. Paula E. Burke Carter Service Industries, Inc. T/A Richmond Wiper & Uniform Service Company County License County License County License County License County License County License County License County License Business License for 1975 Ayes: Mr. Horner Mr. Myers Mr. Apperson, Mr Krepela and Mr O'Neill Mr Burnett states that there is ' $15.00 15.00 8 5O 63 00 30 00 15 00 15 00 15 00 73.28 a vacancy on the Industrial Authority due to Mr. Curtis Duke's request that he not be reappointed. It is generally agreed that this matter be deferred. On motion of Mr. O'Neill, seconded by Mr. Apperson, it is resolved that Mr. Albert Wynn be and he hereby is appointed to the Chapter 10 Board to replace Ms. Hazel Morris who has resigned. 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 following resolution be and it hereby is adopted: WHEREAS, conservation or the saving, protecting, preserving of our natural re- sources should claim the deep and considered concern of every patriotic citizen of the County; and, WHEREAS, some provision must be made for wildlife if it is to continue to exist. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Chesterfield County, Virginia, that the entire area embraced within Bon Air, as described in the Schedule attached hereto, be and the same is hereby designated as a Bird Santu- ary. That it shall be unlawful to trap, hunt, shoot or attempt to shoot or molest in any manner any bird or wild fowl or to rob bird nests or wild fowl nests. Pro- vided, however, if starlings or similar birds are found to be congregating in such numbers in a particular locality that they constitute a nuisance or menace to health or property in the opinion of the proper health authorities of Chesterfield County, then in such event said health authorities shall meet with representatives of the Audubon Society, Bird Club, Garden Club or Humane Societyj or as many of said clubs as are found to exist in Bon Air, after having given at least three days actual notice of the time and place of said meeting to the representatives of said clubs. If as a result of Said meeting no satisfactory alternative is found to abate such nuisance, then said birds may be destroyed in such numbers and in such manner as is deemed advisable by said health authorities under the supervision of the Chief of Police of the County of Chesterfield. Permission is hereby granted to the Bon Air Garden Club to place, subject to the regulations of the State Highway Department, suitable plaques at the various entrances of Bon Air stating that said Bon Air is a Bird Sanctuary, as an appeal and reminder to Tourist and Native alike. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Burnett states that he has received a letter from The Environmental Monthly stating that the 1975 Environment Honor Awards Jury has cited Brandermill for the outstanding quality of its land planning and that recognition not only go to the Brandermill management but also to the residents and officials of Chesterfield County for their sensitive and cooperative participation in the development of Brandermill's master planning process. Mr. Burnett states that the County has been notified that we have received three National Awards from NACO and that the convention this year will be held in Hono- lulu. Mr. Myers states that he is planning to attend. Mr. Burnett states that the Board has received a note from the Hornet family thanking them for their expression of sympathy. Mr. Burnett states that LEAA has approved the grant for the Police Management Study but it is contingent upon the appointment of the new Police Chief so that he may partake in this study. Mr. O'Neill states that at a previous meeting, the Board approved additional funds for the mobile crime laboratory and since that time, LEAA has stated they will fund the normal 90% and the County will have to contribute the normal 5% with the State paying the other 5%. Mr. Burnett states that there will be a Variety Show in appreciation for the fine work of the Policemen and Firemen on April 10 1975 at 7:30 p.m. at Henrico High School and the Board is invited. ' ' On motion of Mr. O'Neill~ seconded by Mr. Apperson, it is resolved that a federal grant in the amount of $10,000 with the County's share being $1,086 be and it here- by is approved for certain camera equipment for the Police Department. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. O'Neill, seconded by Mr. Apperson, it is resolved that the Chair- man and the Clerk of the Board be and they hereby are authorized to sign the ap- proved contract with Kling and Moseley for the study of the Courthouse properties. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Burnett states that he has received a letter from the Division Of Justice and Crime Prevention requesting a representative be appointed to help coordinate the local criminal justice plan for FY 76 and states that he recommends Mr. Falwell until the new POlice Chief is appointed and can appoint someone else, if necessary. On motion of Mr. 0 Nelll, seconded by Mr Apperson, it is resolved that Mr. Falwell be and he hereby ~s appointed as the County s local coordinator for criminal just- ice. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. It is generally agreed that the proposed ordinance for moneylenders in the County be deferred until the next meeting. It is generally agreed that this Board will r~ecess for ten minutes. Reconvening: %II. Mr. Burnett states that this time and date has been advertised for a Public Hear- ing on the Zoning amendments. Mr. Ritz comes before the Board and explains the amendments to the Ordinance. There is some concern voiced regarding the gas storage amendment andthe Variance fee being increased to $50. It is agreed that the gas storage amendment should be eliminated and the Variance fee should stay the same as currently charged. Upon consideration whereof, it is on motion of Mr. Krepela, seconded by Mr. Apperson, resolved that the following Zoning Ordi- nance be and it hereby is adopted as amended and to be effective immediately: I. Delete Sec. 1-4 (2.2) and reserve the number. Amend Section 1-4 (30) DWELLING, MULTIPLE FAMILY to read as follows: "A build- ing, or portion thereof, containing 3 or more dwelling units. ( )" Amend Section 1-4 (34) FAMILY to read as follows: "One or more persons re- lated to each o--~er by ~, marriage, or adoption who occupy the same dwelling and live together as a single non-profit housekeeping unit. A "family" includes any domestic servants, foster children, and no more than two roomers. ( )" IV. Add the following after Section 1-4 (40) "(40A) GROUP CARE FACILITY: A facility, consisting of one or more buildings, designed to provide resident services to individuals who are handicapped, aged, and/or disabled, requiring rehabilitation, and/or personal services. Group Case Facility includes uses such as group homes, halfway housesj resident schools, resident facilities, foster homes and boarding houses. ( )" Vo VI. VIII. IX. Amend Section 1-4 (65) PLANNED DEVELOPMENT to read as follows: "The submis- sion of one or 'more contiguous lots under single ownership or unified control, planned as a whole for development in a single or programmed series of opera- tions according to an approved Master Plan which may include multiple land uses, ( )" Amend Section 2-1 by inserting "O Office Business District" between "A Agri- cultural District" and "B-1 Convenience Business District." Also revise the third sentenoe to read as follows: "Business districts include the O, B-l, B-2, B-3, and B-T Districts." ( )" Add to Section 3-5.the following paragraph: "(a) No permit for the erection, moving or conversion.of any building shall be issued unless the street, high- way or road adjoining the land on which such building is to be erected, moved or converted is: (1) A part of the state highway system, primary or second- ary; or, (2) such street, highway or road has been suitably improved to the satisfaction of the Board of Supervisors as adequate to provide a satisfactory means of ingress and egress for the public. This provision shall not apply to farm buildings, or structures not designed for human habitation. ( )" Amend Section 4-1 (a) to read as follows: "Single family dwellings ( )" Add the following to Section 4-3 (d): "A dwelling unit separated from the principal dwelling unit. ( -~ X Add the following to Section 4-4: "(o) Group Care Fadility." XI. Add the following Article: "ARTICLE 16 0 OFFICE BUSINESS DISTRICT ( ) Section 16-0 Intent. The purpose of this District is to provide locations for office and office type uses only as opposed to the other business dis- tricts which have more permitted uses. Section 16-1. Uses Permitted. Within any 0 District, no building, structures or premises shall be used, arranged, or designed to be used in any part except for one or more of the following uses: (1) Any permitted use as regulated in the R-40 District, except dwellings. (2) Business, governmental, or professional office (3) Libraries (4) Medical clinics, but not hospitals (5) Pharmacy and drug stores when located within the same building or structures housing medical office (s) or clinic (s) Section 16-2. Accessory Uses Allowed. (1) (2) (3) Section 16-3. Section 28-2' Same as Section 4-2 (e) Other accessory uses, not otherwise prohibited, customarily acces- sory and incidental to any permitted use. Signs as regulated in Section 24.2. Uses allowed by Conditional Use subject to the provisions of (1) Commercial automobile parking (2) Mass transportation (3) Planned developments (4) Public and private profit-making clubs and indoor recreational facilities Section 16-4. Uses allowed by Special Exception subject to the provisions of Section 27-5. (1) Same as Section 4-4 (g) (2) Family day-care homes, child=care centers, and kindergartens. (3) Medical and dental laboratories (4) Non-profit civic, social, and fraternal clubs, lodges, and rec- reational facilities (5) Philanthropic and charitable institutions (6) Private schools, colleges, and museums Section 16-5. Required Conditions. (i) (2) (3) (4) Parking, driveway, and loading facilities shall be at least fifteen feet from any established street right-of-way lines, and the build- ings and structures shall be at least thirty feet from such lines subject, however, to the provisions of Section 24-7. and 24.1-8(a). No goods may be produced for retail sale on the premises. Ail uses, including storage, shall be conducted entirely within an enclosed building, except for parking, loading and unloading. Ail buildings shall observe minimum side yards of twenty feet and minimum rear yards of thirty feet. Also, one foot shall be added to each yard for each three feet that the building height thereto exceeds forty-five feet or three stories, which is less, subject, however, to the provisions of Section 3-6." i~ XII. Revise Section 17-5 (1) to read as follows: "Parking driveway, and loading ii facilities shall-~ at least fifteen (15) feet from any proposed right-of- way lines, and buildings shall be at least thirty (30) feet from such lines, except on rights-of-way of eighty (80) feet or greater, buildings need set back only twenty-five (25) feet subject, however, to the provisions of Sec- ~ tion 24-7 and Section 24.1-8 (a)." ~XIII. Add a fourth sentence to Section 17-5 (5) to read as follows: "These yards, however, are subject to the provisions of Section 3.6." XIV. Revise Section 18-5 (1) to read as follows: "Same as Section 17-5 (1). XV. Add the following to Section 18-5: "(4) Outside display of merchandise for sale is permitted only when suc-~merchandise observes the front and corner side yard setbacks of this District." XVI. Add the following to Section 19-3: "(2) Material reclamation receiving cen- ters aluminum, glass and paper products only." XVII. Revise Section 19-5 (1) to read as follows: "Same as Sec. 17-5 (1). XVIII. Add the following to Section 19-5: "(4) Same as Section 18-5 (4) ( )" XIX. Add a third sennence to Sec. 21-5 (5), Section 22-5 (3) and Section 23-5 (2) to read as follows: "These yards, however, a~e subject to Section 3-6, Sec- tion 24-7 and Section 24.1-8 (a)." XX. Amend Section 24-1 (3) to read as follows: "0, B-i, B-2, B-3( )" ~YO{II. Y~VI. Amend Section 24-7 to read as follows: "All buildings in the R-TH, B or M Districts shall have minimum fifty (50) feet setbacks from the proposed rights-of-way of Major Arterials as indicated on the Chesterfield General Plan, as amended. Front and corner side yard requirements shall not apply to guardhouses or strucnures supporting a security or traffic control function. Also for corner side and front yards adjacent to both Major Arterials and other streets where existing principal buildings are located on both sides and within one hundred (100) feet of a proposed principal building in the same block, the proposed principal building need setback only as far as the average setback of the principal buildings on both sides, except that no building shall be setback less than fifteen (15) feet from a proposed right-of-way line." Amend Section 24.1-8 Setback. to read as follows: "All parking areas shall have minimum fi--{~--[50) feet setbacks from the proposed rights-of-way of Major Arterials as indicated on the Chesterfield General Plan, as amended. For corner side and front yards adjacent to both Major Arterials and other streets, where existing parking areas are located on both sides and within one hundred (100) feet of a proposed parking area in the same block, the proposed parking area need setback only as far as the average setback of the parking areas on both sides, except that no parking area shall beset- back less than fifteen (15) feet from a proposed right-of-way line." Amend Section 24.2-3 to read as follows: "Signs permitted in the MH-1. O, and B-1 Districts ( )" Amend the second paragraph of Section 28-5 to read as follows: (1) Zoning (a) Agricultural $ 75. (b) Residential (R-40, R-25, R-15, R-12, R-9, R-7) (~-T~, M~-i, M~-2) 75. 150. (c) Commercial ($100. plus ($10. for each (additional (acre over 2 Acres (d) Industrial ($100. plus ($10. for each (additional (acre over 2 Acres* * (up to a maximum fee of $1000.) (2) Conditional Uses and Special Exceptions (a) Multiple family or two family $200. plus $2.50/Ac. (b) Mobile homes $ 50. (c) Ail other $ 75 (3) Variances $ 25 Amend the Zoning District Maps: A. In Matoaca District: (1) From B-2 to B-3, part of T. M. 179-15 (1) 11 and T. M. 185-3 (2) 12 & 13. (2) From B-2 to A, T. M. 180-11 (1), 2, 7, & 11 and T. M. 181-2 (1) 13. (3) From A to B-3, T. M. 181-8 (1) 2. (4) From B-3 to A, T. M. 181-8 (1) 3-1. (5) From R-7 to B-i, part of T. M. 182-1 (4) 7 (6) From B-1 to A, part of T. M. 182-1 (1) 5-1, 5 & part of 181-4 (1) 8&9. (7) From B-1 to R-7, part of T. M. 182-1 (4) 8 & 9. B. In Bermuda District: (1) From M-1 to M-3, T. M. 117-9 (1) 2-1. On motion of Mr. Krepela, seconded by Mr. Apperson, it is resolved that St. Edward's Knights of Columbus request for a Bingo and/or Raffle permit renewal be and it hereby is approved for a period of one year. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. Krepela. Mr. Burnett states that this date and time has been advertised for a Public Hear- ing on the Ordinance defining "retail" and "wholesale" merchants in the License Code. There being no one in opposition, it is on motion of Mr. Apperson, seconded by Mr. Myers, resolved that the following Ordinance be and it hereby is approved, effective immediately: AN ORDINANCE to amend Chapter 5, Article 13, Section 5-108 and Section 5-118 of the Code of the County of Chesterfield, Virginia, providing for definition of "retail merchant" and definition of "wholesale merchant". BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: 1. That Section 5-108 of Chapter 5, Article 13 of the Code of the County of Chesterfield, Virginia, be amended and reordained as follows: Section 5-108 Defined; License Required Every person engaged in the business of retail merchant shall obtain a lic- ense for the privilege of doing business in the County and shall pay a license tax therefore. The term "retail merchant" as used in this Division, shall include every merchant who sells to the consumer for his use only and not for resale. 2. That Section 5-118 of Chapter 5, Article 13 of the code of the County of Chesterfield, Virginia, be amended and reordained as follows: Section 5-118 License Required; Tax Basis Every person engaged in the business of a wholesale merchant shall obtain a license for the privilege of doing business in the County and shall pay a license tax therefore to be measured by the amount of purchases made by him during the next preceeding licensed period. The term "wholesale merchant" as used in this Division, shall include every merchant who sells to other persons for the purpose of resale only, and not for consumption. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. Krepela. Mr. Burnett states that this time and date has been advertised for a Public Hear- ing on the change in the License Ordinance dealing with fortunetellers. There being no one present to oppose it is on motion of Mr Myers seconded by Mr. Apperson, resolved that the following Ordinance be and it hereby is adopted: An Ordinance to amend Chapter 5 of the Code of the County of Chesterfield, Virginia, Article 10, Section 5-94, providing for the licensing of Fortunetellers and payment of tax, and Section 5-95 providing for investigation and certification by the Chief of Police as a prerequisite to receiving a license, and by adding thereto a new section - Section 5-96.1 providing penalties for unlawful practice. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: 1. That Section 5-94 of Chapter 5, Article 10, of the Code of the County of Chesterfield, Virginia, be amended and reordained to read as follows: Section 5-94 License Required; Amount of Tax. Every person engaged in the occupation of a fortuneteller, palmist, astro- logist, numerologist, clairvoyant, craniologist, phrenologist, card reader, spiri- tual reader, or advisor, or in any other manner pretending to tell fortunes or pretending to disclose mental faculties of individuals for any money, gift, gra- tuity or other reward, within the County, shall pay a license tax of five hundred dollars ($500). No license issued under this section shall be prorated. 2. That Section 5-95 of Chapter 5, Article 10, of the Code of the County of Chesterfield, Virginia, be amended and reordained to read as follows: Section 5-95 Certificate Prerequisite to Issuance No license shall be granted to any person as required by Section 5-94 until and except upon a certificate of the Chief of Police that such person has appeared at such headquarters and has been photographed and his fingerprints taken, giving such general description of himself as required by Chief of Police and has pre- sented to him a certificate signed by five (5) citizens of the County that such person is of good character and honest demeanor and is a bona fide resident of the County prior to the granting of such certificate and when the Chief of Police shall be satisfied from his own knowledge, and from an independent investigation that the statements contained in the certificate required to be signed by the citizens of the County are true. Upon presentation of such certificate to the Commissioner or Revenue, the Commissioner of Revenue shall issue a license to the applicant upon payment of the prescribed license tax, and a duplicate of such license shall be transmitted by the Commissioner of Revenue to the Chief of Police. 3. That Section 5-97 of Chapter 5, Article 10, of the Code of the County of Chesterfield, Virginia, be added and ordained to read as follows: Section 5-96.1 Penalty for Violation Any person who engages in the practice described in Section 5-94 without a license shall be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500) for each such offense. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson and Mr. Krepela. The Board adjourns for lunch. Reconvening: 75S060 Mr. Fred Grey, representing Shoosmith Brothers, Inc., comes before the Board re- questing a permit to park a mobile home on property which belongs to Shoosmith Brothers, Inc. for security purposes. T. M. Sec. 114-9 parcel 1 and better known as 11800 Lewis Road. ' ' On motion of Mr. Apperson, seconded by'Mr. Myers, it is resolved that this re- quest be and it hereby is approved for a period of two years. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. Krepela. 75SR058 Mrs. Gertrude B. Draper comes before the Board to request a permit to park a mobile home on property which belongs to Charles Burford, brother of the appli- cant. T. M. Sec. 15-7 (1) par. 2-2, and located in the vicinity of 1402 Westfield Road (Sheet 7). On motion of Mr. Krepela, seconded by Mr. 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 and Mr. Krepela. 75SR059 Ms. Virginia Kelly, representing Mrs. Mounty K. May, requests a permit to park a mobile home on property which belongs to Cochie Kelly, sister of the applicant. T. M. Sec. 18-15 (1), parcel 5, and better known as 206 Twinridge Lane (Sheet 8). On motion of Mr. Krepela, seconded by Mr. Myers, it is resolved that this re- quest be and it hereby is approved for a period of two years. Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson and Mr. Krepela. 75S061 In Midlothian Magisterial District, Dr. Talbot Selby requests a variance to build a dwelling on a parcel of land which has no public road frontage. This parcel lies south of Block B and C, Ballard Oaks Subdivision, and is located west of the southern terminus of Ermavedo Drive. T. M. Sec. 9-13 (1) part of parcel 16 (Sheet 3). Dr. Selby states that he does agree to dedicate a 50 foot right of way in the event it is needed by the Highway Department for the extension of Ermavedo Drive. He states that he will be willing to place stipulations on this right-of-way but he cannot see dedicating his property and not being able to use it if it is never needed by the Highway Department. On motion of Mr. Krepela, seconded by Mr. Myers, it is resolved that this vari- ance be granted subject to the conditions that if this right-of-way is ever needed by the Highway Deaprtment or if the land is ever subdivided, the right-of-way is reserved for this purpose and further that the road on which the variance is be- ing granted will not be maintained by the County until it is brought up to State Standards by others. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 75S064 In Bermuda Magisterial District, Tarlton B. Cox requests a variance to build a dwelling on a parcel of land which has no public road frontage. This parcel lies 825 feet off the south line of Enon Church Road; measured from the intersection of Enon Church Road and Point of Rocks Road. T. M. 135-15 (1) part of parcel 1 (Sheet 42). Mr. Cox states that he will agree to the conditions recommended by the Planning Commission and that he will dedicate the entire 50 foot right-of-way. On motion of Mr. Myers, seconded by Mr. Krepela, it is resolved that this vari- ance be and it hereby is approved subject to the conditions recommended by the Planning Department. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 75S062 In Bermuda Magisterial District, A. C. Willis and Betty J. Willis request a vari- ance to build a dwelling on a parcel of land which has no public road frontage. This parcel lies 300 ft. off the south line of Enon Church Road~ measured from the intersection of Enon Church Road and Point of Rocks Road. T. M. Sec. 135-15 (1) part of parcel 1 (Sheet 42). Mr. Myers states that Mr. Cox, in the previous variance request, stated that he would dedicate all the land that was needed for the 50 foot right-of-way and that Mr. and Mrs. Willis will not need to. On motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that this vari- ance be and it hereby is approved with the understanding that this will be the last variance granted on Lot 1 or any new division of this lot. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 75S063 In Clover Hill Magisterial District, W. J. Rowe, Jr. requests a variance to build a dwelling on a parcel of land which fronts along an unimproved public road. This lot fronts along the east line of Wake Avenue and the west line of Milo Road and is located north of the intersection of the aforementioned roads. Refer to Lot 10, Elkhardt Park (Sheet 9). On motion of Mr. Hornet, seconded by Mr. Krepela, it is resolved that this vari- ance request be and it hereby is approved with the understanding that Milo Road will not be maintained by the State until it is brought up to State Standards by others. Ayes: Mr. Horner, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 75S065 In Matoaca Magisterial District, George L. Hancock requests a variance to build a dwelling on a parcel of land which has no public road frontage. This parcel lies 315 ft. off the southeast line of Bradley Bridge Road; measured from a point. 1,200 ft. south of its intersection with Branders Bridge Road. T. M. Sec. 131 (1) part of parcel 32 (Sheet 40). On motion of Mr. O'Neill, seconded by Mr. Krepela, it is resolved that this vari- ance reqeust be and it hereby is approved subject to the conditions recommended by the Planning Depa?tment. Ayes: Mr. Horner, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 75S066 In Clover Hill Magisterial District, Ronald D. Miller requests a variance to build a dwelling on a parcel of land which has no public road frontage. This parcel lies 800 ft. off the south line of Skinquarter Road; measured from a point 1,200 ft. east of its intersection with Clayville Lane. T. M. Sec. 71 (1) part of parcel 12 (Sheet 18). Mr. Horner states that this road was supposed to be dedicated by Mr. Lefferts and still has not and that Mr. Bailey was supposed to construct a road but he does still have time to do this construciton. Mr. Miller states that he will dedicate the necessary right-of-way. On motion of Mr. Hornet, seconded by Mr. Krepela, it is resolved that this vari- ance request be granted subject to the conditions recommended by the Planning Department and also subject to the reaffirmation of the conditions placed on Mr. Bailey and Mr. Lefferts at the time they received their variances. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 75S067 In Matoaca Magisterial District, Lawrence H. Bickings requests a variance to build a dwelling on a parcel of land which has no public road frontage. This parcel lies 270 ft. off the west line of Wells Road; measured from a point 1,920 ft. north of its intersection with River Road. T. M. 180-15 (1) part of parcel 17 (Sheet 52). There being no opposition present, it is on motion of Mr. O'Neill, seconded by Mr. Apperson, resovled that this request for a variance be and it hereby is ap- proved with the understanding that this is the last variance to be granted on Lot 17 or any new divisions of this lot. Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 75AR038 In Matoaca Magisterial District, Miss Willette Winfield requests the Board waive payment of the $45.00 mobile home application fee so that she may continue to park her unit at 11700 River Road. The Chesterfield County Department of Social Services reports that Miss Winfield has three children and is unable to work due to health problems and recommends that the fee be waived because Miss Winfield has no resources with which to meet this expense. Upon consideration whereof, it is on motion of Mr. Myers, seconded by Mr. O'Neill, resolved that this fee be and it hereby is waived. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 75AR052 In Bermuda Magisterial District, Mr. Paul C. Waller requests than the Board waive payment of the $45.00 mobile home application fee so that he may continue to park his unit at 1511 Meadowville Road. Mr. Schiavo states that the Planning Depart- ment has received a letter from the Virginia State Employment Commission stating that Mr. Waller had applied for unemployment compensation but was disqualified. The applicant not being present, it is on motion of Mr. Myers, seconded by Mr. Apperson, resolved that this request be deferred for 30 days. Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 75AR057 In Matoaca Magisterial District, Mr. Raymond Baugh requests that the Board waive payment of the $45.00 mobile home application fee so that he may continue to park his unit at 20103 Church Road. The applicant states that he has not worked for two years and is presently very ill and that his wife does non work and they are financially unable to pay the $45 00 fee. Upon consideration whereof, it is on motion of Mr. O'Neill seconded by Mr. Apper- son, resolved that this fee be waived. ' Ayes; Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 75SR018 In Bermuda Magisterial District, Ms. Mildred Tiller McCray comes before the Board requesting renewal of a permit to locate a mobile home at 12517 South Chester Road. T. M. Sec. 115-15 (1) par. 8 (Sheet 32). Mr. Myers states that this case was deferred to allow Ms. McCray to seek employ- ment which would allow her to pay the mobile home application fee of $45.00. McCray states that she has non found a job because she does not have the trans- portation to get to and from work. Upon consideration whereof, it is on motion of Mr. Myers, seconded by Mr. Krepela, resolved that this renewal be granted to Ms. McCray and that the fee be waived. Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill'. Mr. Burnett states that the Highway Department has officially notified the County that the roads in Genito Estates, Sections B & C have been taken into the State System. ' GENITO ESTATES - SECTION B Dew Lane From its intersection with Markey Road westerly 0.09 mile to its intersection with Respess Road, thence westerly 0.08 mile to its intersection with Pease Road. Pease Road 0.17 mile From its intersection with Dew Lane northeasterly 0.10 mile to a dead end; beginning at its intersection with Dew Lane southwesterly 0.06 mile to its intersection with'Bigelow Road, thence southwesterly 0.03 miles to a dead end. Bigelow Road From its intersection with Pease Road westerly 0.04 mile to a dead end. GENITO ESTATES - SECTIONS B & C Markey Road 0.19 mile 0.04 mile From Winterhaven Court (Rt. 2012) northerly 0.24 miles to Dew Lane, thence northerly 0.15 miles to its inter- section with Meis Lane, thence northerly 0.13 miles no its intersection with Genito Road (Rt. 604). ~espess Road From its intersection with Meis Lane westerly 0.16 mile to its intersection with Dew Lane. Meis Lane 0.5-3 mile 0.16 mile From its intersection with Markay Road southeasterly 0.04 mile to a cul-de-sac; from its intersection with Markey Road northwesterly 0.07 miles to its intersection with Respess Road, thence northwesterly 0.03 miles to a cul-de-sac. 0.14 mile Mr. Morton Spero, Mr. Burton and Mr. Covington come before the Board to discuss a drainage problem that exists on Mr. Burton's property. Mr. Spero states that the water is flooding Mr. Burton's land and that Mr. Button's attempt to correct this situation was followed by an injunction of the Highway Department to uncover the ditch to allow the water to flow off the highway. Mr. Covington gives a brief history of the problem area and states that the Highway Deaprtment does not feel they can pipe this area as Mr. Burton has suggested without an easement. Mr. Covington states that the Highway Department would be willing to give two crossings. Mr. Burton states that he has offered the Highway Department ten feet of his land by the curve to raise and improve the road. Mr. O'Neill states that the Engineering Department feels piping this area would not improve the situation and feels further that a decision fair to all could not be made at this time. Upon consideration whereof, it is on motion of Mr. O'Neill, seconded by Mr. Myers, resolved that this matter be deferred until June 11, 1975, at 9:00 a.m. Ayes: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. O'Neill. Mr. Krepela states that he has received a petition from Mr. Styles on Old Hundred Road stating the need for road improvements. Mr. Covington states that funds are not available at this time as this road is not one of the priorities for this year. He adds that resurfacing would not really improve the road as it really needs rebuilding. Mr. Krepela states that he would like to be notified when Mr. Styles contacts the Highway Department. Mr. O'Neill states that he has been contacted by residents on James Street and Chesterfield Avenue for control methods; by residents on Piedmont stating the bad drainage problem; and has some concern for sight distance at Treely and Harrowgate Roads. Mr. Covington states that he will investigate these matters. On motion of Mr. Krepela, seconded by Mr. Horner, it is resolved that the follow- ing resolution be and it hereby is adopted: WHEREAS, Secondary Route 652, from Sta. 13+40 to Sta. 66+25, a distance of 1.00 miles, has been altered, and a new road has been constructed and approved by the State Highway Commissioner, which new road serves the same citizens as the road so altered; and WHEREAS, certain sections of this new road follow new locations, these being shown on the attached sketch titled, "Changes in Secondary System Due to Reloca- tion and Construction on Route 652 Project 0652-020-146, C501, dated at Richmond Virginia 9-24-74". ' ' NOW, THEREFORE, BE IT RESOLVED: That the portions of Secondary Route 652, i.e., Section 4, shown in red on the sketch titled, "Changes in Secondary System Due to Relocation and Construction on Route 652, Project 0652-020-146, C501, dated at Richmond, virginia 9-24-74", a total distance of 0.43 miles be, and here- by is, added to the Secondary System of State Highways, pursuant to Section 33- 141 of the Code of Virginia of 1950, as amended; And further that the sections of old location, i.e., Sections 1, 2, and 3, shown in blue on the aforementioned sketch, a total distance of 0.54 miles, be, and the same hereby is, abandoned as a public road, pursuant to Section 33-76.12 of the Code of Virginia of 1950, as amended; And further, that portions of Secondary Routes right of Station 38+20 and left of Station 55+00, i.e., Sections 5 and 6 shown in brown on the sketch titled "Changes in Secondary System Due to Relocation and Construction on Route 652, Project 0652-020-146, C501, dated at Richmond, Virginia, September 24, 1974", a · total distance of 0.20 miles, be and hereby is added to the Secondary System of State Highways, pursuant to Section 33-141 of the Code of Virginia of 1950, as amended. Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Myers states that there has been some discussion of massage parlors in the County of Chesterfield and that the Board had decided to defer this matter until the Judge had ruled on the sam% type of situation in Henrico County as to what could l~gally be done. He states that with the opening of the Paradise Massage Parlor and the obscene literature, etc. he feels something should be done now. After some discussion of the matter, it is on motion of Mr. Myers, seconded by Mr. O'Neill, resolved that the Commonwealth's Attorney be requested to mport to the Board of Supervisors the procedure necessary to halt the sale of pornographic and obscene literature in the County. 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 this Board go into Executive Session to discuss personnel matters. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. The Board adjourns for dinner. Reconvening: On motion of Mr. O'Neill, seconded by Mr. Apperson, it is resolved that, after much consideration of this matter, it is a unanimous decision of this Board to submit the following two names as possible appointees to fill the vacancy of Police Chief of Chesterfield County: Ayes: Lt. C. E. Richter Lt. J. E. Pittman Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Homer states that this date and time has been duly advertised for a Public Hearing on the County budget. Mr. Burnett gives a synopsis and preamble to the budget and states that there were several major discrepancies in the articles published in the newspaper regarding how the Board arrived at the proposed budget and cite same. He points out the revenues were increased 18% but the schools re- ceived 23% increase while the general County was held to a 10% increase. Ms. Nellie Turner, representing the CEA comes before the Board stating that the CEA feels the Board should support its schools and give the school system the 7.7 million dollars over last year that is needed. She states that the CEA can- not support this budget because it does not allow for an increase in instructional programs and increase in salaries for the teachers. She states that Chesterfield, according to 1974 figures and based on the fourth grade level, ranks third in the State and that the school system would like to see this at least stay the same and, hopefully, improve rather than deteriorate. She states that with the 12.2% inflation rate, four new schools and approximately 1,500 more children, the School Board's budget is basically the same as last year's and it cannot be lived with if quality education is to survive. Mr. Burnett states that this year's budget is a 23.08% increase over last year's budget. Mr. Harold McCabe of Salem Elementary P.T.A. states that he feels the tax rate should stay the same and give the surplus to the School System. Mr. Horner states that j~t because the tax rate is cut, the rates are not lowered because of the reassessment. Mrs. Virginia McDaniel of Brighton Green states that she is opposed to the tax cut as the schools need this extra money for instructional programs, learning disability programs, activity buses and to keep the high quality educa- tion that exists. Mr. Robert O'Brian comes before the Board and urges that the salaries and work- ing conditions for teachers be improved so that they can feel like the professional~ they are. He adds that they can hardly live moderately and raises in salary are certainly being earned. Mrs. Beverly Reager of Robious Road comes before the Board in behalf of the children who are, as she feels, being discriminated against and states that she has not lived here long but the school conditions are worse here than in other areas in the United States. Mr. Joe Holike comes before the Board and states that he feels a more educated population is needed for our Country's future leaders. Mr. Clarence Whiteman states that he feels teachers need second jobs to live adequately in this day and time and that with the work they are expected to do at night, this is not possible, that the teachers are in a bind as they cannot leave jobs as most pro- fessionals and find another. Mrs. Dottie Armstrong of the League of Women Voters comes before the Board and states that the process in which the budget was prepared did not allow for citi- zen participation. Mr. Myers states that the budget meetings were open to the public and most were held at night so that citizens could participate if inter- ested. She questions a few general budget items regarding the Mental Health/ Mental Retardation Department, street signs, capital outlay, revenue sharing and the Youth Employment Program, all of which were explained. Mr. Freddie Nicholas states that he represents the Citywide P.T.A. and the Ettrick Elementary P.T.A. and they feel that a budget that would pay teachers according to their merit and additional programs as well, would mean a more progressive school system. Mr. James Gillespie states that he feels the school system is not furnishing the children needed articles for class and feels further that music and other arts are needed badly as all are a form of communication. Mr. W. J. Owens, Mr. Lewis, Mr. Bobby Strum, Mr. Shawn Owens, Mr. Dell Driver, et al., all reiterate the same reasons for teacher's salaries being increased and additional programs being added. Mr. William Cox comes before the Board in behalf of the Tri-Cities Taxpayers Association and states that they feel the 'County BOard of Supervisors should tighten the belt on all extra spendings as they have.on the school budget and states that they feel the Board should deny the request of the CEA for additional funds. Dr. Ann Woodlief states that taxes could be raised and not lowered and residents would not complain if they saw results in their children's education and states further that books are in short supply which is a disgrace. Mr. Greg HArris, Ms. Sandra Dawson, Mr. Richard Wilson, Mr. Ted Adams and Mr. Cooley all add that they feel the school system's budget should be studied further with serious thought given to teacher's salaries and additional programs. It is generally agreed that this Board will recess for ten minutes. Reconvening: Mr. VanBowen comes before the Board and states that the Fire Department's budget had to be cut and that he feels if a~ditional funds are allocated, the Fire De- partment needs some also. Mr. Myers states that a lot to time and effort has gone into this budget and it is as they feel it should be. He adds that he has always stood for tax cuts when- ever possible and as long as it does not jeopardize the economy. He states that he feels he has given as much time and effort that is possible and feels the Board should vote on the budget tonight. He adds that tax bills will have to go out and that a delay would throw everything off schedule. Mr. Apperson states that the rates could be voted on tonight and delay passing the budget. Mr. Mason states that the budget could be postponed to a definite time and date. Mr. Krepela states that he feels it should be postponed but also feels the tax decrease should not be and additional funds should be given to the school system as this $.10 cut could not mean as much to the people as it would to the schools. Mr. O'Neill states that he feels a tax decrease does mean a lot to the residents in the County. He states that it shows the people that the County Government is headed in the right direction° He adds that there are a lot of things he would like to see changed, but change takes time. Mr. Krepela states that he is speaking to the actual monetary value. Mr. Apper- son states that he recognizes what Mr. Krepela is saying but that there are a lot of people in the County on fixed incomes and they cannot afford a tax increase. He states that, at least, the teachers are moving ahead and not staying at a fixed income. He states that in the past, they have been able to find money somewhere and feels that there is a possibility of finding some of these funds. Mr. Krepela inquires why the $.10 cut was not thought of last year. Mr. O'Neill inquires why Mr. Krepela did not bring the matter up. Mr. Krepela states that he could not see giving a tax cut last year and taking back double the next year. Mr. Horner states that the reassessment in Clover Hill this year was between 50-75% and that this cut could help. He adds that the Board has never turned' down a request of the School Board yet for any funds for materials, et~c. He states that the Board does not want to run the schools down and does not feel the Board is. He adds that the $.10 cut did not necessarily come from the school budget but from all Department budget. He states that the County has some ex- cellent teachers but questions the CEA how it proposes to get rid of the bad teachers. Ms. Nellie Turner cites the steps proposed by the CEA to eliminate bad teachers but points out the responsibility lies with the School Administra- tion. Upon further consideration, it is on motion of Mr. Myers, seconded by Mr. O~Neill, resolved that: WHEREAS, a tentative budget in the amount of $85,936,665.00 for 'the Fiscal Year ending June 30, 1976, was advertised in the Richmond Times Dispatch on April 1, 1975, and April 9, 1975, was set as the date for the Public Hearing on said Budget. NOW, THEREFORE, BE IT RESOLVED, that this Board of Supervisors of Chester- field County, Virginia, held Public Hearings in accordance with the resolution passed on March 26, 1975, for the informative purposes on a contemplated budget for the Fiscal Year 1975-76. This budget is for informative and fiscal planning purposes and it is not approved, adopted or ratified by the Board of Supervisors. A vote being taken on the resolution: Ayes: Mr. Horner, Mr. Myers and Mr. O'Neill Nays: Mr. Apperson and Mr. Krepela. Upon consideration of the budget for the year 1975-76, it is on motion of Mr. Myers, seconded by Mr. O'Neill, resolved that the following tax levies be and they hereby are adopted, which levies are for the year 1975 on each $100 assessed and liable for such levies for the purpose of meeting the requirements of the County budget, to wit: Real Personal Estate Property Mchy. Bermuda Magisterial District $ 3.00 $3.40 Clover Hill Magisterial District 3.00 3.40 Dale Magisterial District 3.00 3.40 Matoaca Magisterial District 3.00 3.40 Midlothian Magisterial District 3.00 3.40 Ayes: Nays: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. Mr. Krmpela. $.65 .65 .65 .65 .65 Mr. Krepela states that the tax cut would be inconsequential and the schools need money, therefore, the rate should not be cut. Mr. Apperson states that people on fixed incomes find it hard to pay increased taxes. On motion of Mr. O'Neill, seconded by Mr. Krepela, it is resolved that this meet- ing be adjourned at 11:15 p.m. to 9:00 a.m. on April 23, 1975. Ayes: Mr. Hornet, X~.~Myers, Mr. Ap~rso~, Mr~el~a~ Mr. O'Neill · · ur~nett, Secretary -