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10-13-1982 MinutesOctober !3, 1982 Supervisors in Attendance± Mrs. Joan Girone, Vice Chairman Mr. C. L. Bookman Mr. Harry G. Daniel }{r. R. Garland Dudd Mr. Richard L. Hedrick CoUnty Administrator Staff in Attendance: Ms. Stanley Baldsrson, Dir. of Planning Mr. rame~ Gillentine, Admin. of the Nursing Home Mr. ~i]liam Howell, Dir_ of Mr. Elmer Hodge~ A~t. CQun:y Administrator Mr. Robert Masden, Dir. of H~an Servic~ Mr. Richard Mc~!fish, Mr. Steve Micas, Co. Attorney Mr. Jeffrey Muzzy, Dir. of Community DeveloDment M~, Robert Painter, Dir. of Utilities Budget and Accounting Sheriff E. L. Wingo~ Sheriff's Mrs. Girone called the meeting to order at th= Courthous~ at t0:05 a.m. (EDST). Mr. Bookman gave the invocation. 5~r~. Cirone stated the first or,er bf business was for th~ Board to eddreas the recent resignation of Mr. ~. Merlin O'~eill~ Sr, from the Board of Supervieors. On motion o~ the Board, the resignation of Mr. O'Neill from the Board o~ Supervi~or~ aceep=ed effective 12:00 midnight on October 11, 1982. The Board being polled, th~ vote was as follows: ~r~. Girone - Aye Fir. Bookman - Aye Fir. Daniel ~ Aye ~r. Dodd - Aye Om motion of Mr. Bookman, seconded by Mr. Dodd, the Board approved the minutes of Septe~er 2l and 30, !982, a~ amended. Mr. Hedrick stated he had received e letter from Mr. John P. Kidd, Executive Director of the Richmond Regional Planning District Commission ~equesting a m~ting with their Chairman and ~he Board to discus~ the present and po~sibte £uture activities of the Commission and its staff. Mrs. Girone stated this was being done in other jurisdietiunz ae well. It was generally agreed that the Board would meet with them ~t a luncheon or dinner meeting and :ha= a date would be determined in the near future. 8~-404 r. ~edriok stated that the Department of ~conomie P~velopm~nt's new Chesterfield Airpa~k Brochure had received the National ~ssocia%ion of Industrial and Office Parks (~A%0p> Literature of the Yoar Program award. Me stated this was the second year the award ha~ been received and he congratulated Mr. ~sorqe Waodall and his staff for their outstanding effort~. publi~ hearing to consider an ordinance amending Chapter 12 of ~he County Code relating to business license ~axes. Mr. Ramsay stated that the State Code had been amended which standardized stated the County'ordinance ha~ not been revised in several years Red does not tax newly created typ~ Of businesses. Mr. Ramsay =eviewed the rate ehan~es/elimination of th~ ent~ fee, etc. for the Categories of contractor~, re,ail merchants, professicnal~, .~erso~al services and whole~alaro. ~e reviewed the 24 new ~usinesso~ which would be taxed which wore not previously and the ~atch-all phrase which would prevent this from occurring in ~he fut~r~. ~e stated that the real estate brokers would be changed from professional fo the retail category which meant an increase ~rom 20¢ per $100 to 5Bt per $10O and that the delinquent penalty ~Quld now be 10% rather than 5%. ~. Ramsay displayed ~omparison Of the rates for Chesterfield to those of other ~urrsunding jurisdletions for business license taxe~. gr. Dick Allen, a real estate brokor, stated that he was :oncerned about the change in sategorie~ for brok~r~ and ~e~ssted a delay until he could study th~ issue further. ~r. 4icas stated that the Co~issionsr of Revenue wo~la lik~ ~eoision made as soon as possible as he had administrative teadlines which mn~t be met. He added further that thi~ was )sing mandated by the 8tats and a delay would ser~e no purpose. 4r. Bookman stated that s=sf£ had proposed real estate ~lso being taxed but this portion had been eliminated in the work ~ession. Mrs. Girone stated that State law mandate~ that this :hangs in category be accomplished. Mr. Al%on inquired if this ~ad already teen approved by the State. PLrs. Girone stated tha~ :he General Assembly had previously a~opted thi~ {edriok furSher explained that th~ rate could be reduced but if taxed that mama reduce~ rate. He added that ~ategory e~tabli~h~d within th~ ordinance. Mrm. Girone stated that the Board propog~d to aOopt %him ordinance at this time and tha% ah budget time, i% could be determined if the rate wmr~ reasonable or not. She coated that at that time, it could be amended. Ehe utated a public hearing on =he matter would be hmld between ~mrch 1 and June 30, 1983. ~ubCategory should be structured for brokers. 5e stated this was the only classification being changed~ M~. Micas staled that the initial $50,000 for retail merchants would now be taxed and that there a~e quite m ~ew businesses being added to a number adopted the following ~ 0RDIN~C~ TO ~ND C~TER OF THE CODE OF T~ COUNTY CHESTE~IELD, 1978, AS ~ENDED, 12=23, 12-24, 12-25, 12-26, 12-30, SECTION 12-38 RELATING TO BUSINESS LIC=NSE TAXES AND PROVIDING FOR A PEN~TY 82-405 BE IT ORDAINED by the Board of ~upervisor~ of Chesterfield ~unty: [1) That Sections 12-2, 12-4, t2-21, 12-23, 12-24, 12-25, ~-26, ~-30~ 12-31, 12-D9, 12-49, 12-~8, I2-91, 12-117, 12-118, 2-137, 12-144~ of the Code of the County of Chesterfield, 1975, re amendsd and rsanacted as follows: ~ec. 12-2 The following words and phrases, when used in this chapter, ~hall have thc following meanings, except where the ~learly indicates a different meaning, or there is an express ~rovision to the contrary: Bntrz. fee. The fixed sum prescribed by a particular £ this chapter to be used along with a prescribed per centum of ~no%her figure in determining the amount of th~ license tax to be ~essed un,er that particular section. Qross receip~ of the business. The gross sales of ~erehan- lime and the gross receipts of the business, occupation or ~r growing ou~ of the conduct of t~e busin~ss~ ~ecupa~icn or immediately preceding the license tax year for which the tax is )eing oompute~, without any deduction whatsoever, unles~ ether- ~orpcrations and combinations of individuals of whet~ver form cr rspresentative ~h~r~of carrying en er continuing a business, It shall be the duhy of every pc=son applyin~ fo~ ~ business 3usine~, trade or occupation £~ properly zoned an~ has the ~scessary use permit borers making application for such business License as may be reg,/ired. The co~u~issioner of tbs revenue or ~pplying for a business License skull ra£use to issue such ~usiness license until a osr~ificate is issued by the director of Sec. 12=21. Books and records of taxpayer; uenalty for failure ~f the tax paid for each of the three tax years last past and fur ~hose years. The commissioner of the revenue and the license records of any haxpay~r liable fox taxes assessable un,er this asing the facilities of such taxpayer as well as with respect to ~xamined. Such records shall be oDsn to inspection at all cc. 12~23. Sa~a--Penalh~--Interest for ~enpavmant b? other th~n he~inner. If any license tax other than that of a beginner b~ not paid ~ithin One calendar month after th~ beginning of the license tax '~ar, there ~hall be added a penalty of ten per centum 0f the tax [nd interest on the tax and p~natty at ten per centnm per annum !rom the end of the first calendar month of th~ license tax y~ar ~n~il the date of a~s~sment thereof~ and if the amount so due be not paid within thirty days from the dat~ of the assessment, the assessment shall bear additional interest on the full amount of the tax, penalty and interest at the rate of ten p~r oentum p~r ~nnum from the date of the assessment until paid. sec. 12-24. Same--Same- Inter,st far nonpayment bv beginner. Every person beginning business shall pay his license tax at puce, and if such license tax be not paid within tea ~ays from ~he beginning of business, the license tax ~hall be subject to ?enal~y of tan per centum and interest on th~ tax and penalty ut ~en per centu~ per annum from the ten=h day a~ter the date of ~mount se due be not paid within thirty days ~rom the dah~ of the ~sseesment, the assessment shall bear additional interest on the ~11 a~Ount o! the ta~, penal~y and interest at ~he rah~ of ten ne, centum p~r annum from the date of assessment until paid. cc. 12-25. Same--Installment payment_ Whenever the aggregate amount of license taxes, exclusive of )eddlers or ~lot machlnas assessed at any one hi~ under this ~hapter as of the first day of any li=ense tax year, against any )ne person with respect to the businesses, eSOupations and >rofessions conducted by him in any one place is fishy dollars Or ~ore~ then that aggregate amount of license taxes may be due ~avable am follows: On,-half thereof on the first day of the ~icense tax year and one-hal~ thereof on or before the thirtieth ~ay of the sixth month of the license tax year. If one-half of :hat aggregate be not paid within one calendar month after ~oginning of the licens~ tax year, the whole of that aggregate of ~ic~ns~ t~es shall b~some ~ue and payable on the first day of :he second month cf th~ license hex year. There shall be added ~o the entire license tax a penalty of ten ps, centum on the tax. ~enslty from the first day of the second month of the license tax ~ear to the date of the assessment thereof until paid shall be ~dded, and the treasurer shall collect the whole ~XaOuDt of the %ggregate of licens~ taxes, penalty and interest in th~ manner )rovided ~y law. If the first half of the tic,nee taxes be paid )n or before the last day of the first month of the licsns% tax ,ear and the last half of the aggregate of such license :axes be ~ot paid on or b~fore the ~hirtieth day of the ~i~th month of the ~alf a~ the aggregate of such license taxes an~ penal=y, at the rate of ten per centum per annum from the first day of the sixth ~on=h of the lioe~se tax year until payment, sh~ll be added by zullect such taxes, Densities and interest in the manner provided uy law. Sec. 12-26. Same--AbandoAman~ or ~losing of busine$~ not to affec~ l'i~blllty for pa.yment. Nothing herein shall relieve any taxpayer from the liability ~or the license tax fur the entire license year including any ~npaid installment, ayah though the business, occupation or urof~sion to be abandoned, relocated or closed ~or a~y rea~on at ~ny time durinq the license tax year. 82=407 ~c. ~2-30. A~se~ment cf additional tax. If the commissioner oX the revenue ascertains that any person has been regularly assessed with a license tax levied in this chapter for any license tek year of the three license tax year9 last pa~t Or for th~ then currg~t license tax year, but ~hat upon a correct audit and computation of the lic~n~ tax the a~essment thereof should have been in an increased amount, and the assessment of the license tax in the le~er amount was not due to the fraudulent intent or intent to evade taxes on the part of the person, then the co~m~iasioner of the revenue shall assess the taxpayer with the ad4itienal license tax or taxes found to be due, without any penalty or interest. If the assessment of th~ adaitiona~ tax be not paid into tho county treasury within thirty days after the date of assessment, interest at the rate of ten per centum per annum shall accrue thereon from the date of such a~sessment until payment, and thc treasurer ~hall interest along with ~he tax and in the same manner as the tax may be collected. Sec. 12-31. Assessment of omitted tax. ~ar~on has not b~en assessed with a license tax levied i~ this last past or for the then ca,rent license tax year, ~t shall be the duty of the commissioner of th~ revenue or oth~r officer to assess such person ~ith the proper license tax for the oen~um of the license tax and interest cn the tax and penalty at ten per centum per annum from th~ first day of the license tax ~ar for which assessment is ~a~e to the date of assessment. If the amount so due be not paid wi%tin thirty days from ~he date of full amount of tax, p~nalty end interest at the rate of ten per centum per annum ~rom the date of amseesment until paid. Se=. 12-39. =numerated~ amount of license tax. business shall pay a license ta~ ~qual ~o %eh dollars for ali gro~n receipts below five thousand dollars and t~enty-hundredths of one per csntum of the gross receipts above five thousand dollars for the businesaes conducted by him as follows: (a) An airport, a banbershop, a Turkish, Roman or other lik~ bath Or bath parlor, a beauty par!or~ a blacksmith shop, a bowling alley, a billiard, pool and baqatelle parlor, operating a boat landing or boat basin~ a cemetary, a chartered club, an ~mpoundment lot, a ~iniature golf course, a 9elf driving range, a motion picture theatre~ a press clipping service, a public address system, a public skating rink, a theatre, a wheelwright Shop. (b) The business of: ~gency, protective agent~ or agencies and installers of burglar ~l~rm~ agents finding tenants for and renting single rooms, ticke~, transportation, ~rave! and tour aqentm or brokers, renting airplanes, furnishing a~ulance service, concert manager, er~tinq awnings, ins%~lling awDi~gs, storing awnings, taking down awnings, preparin~ bodies for burial, operating a bottl~ ~×chmng~ a ~oil~r shop ~nd machine shop, chicken hatchery, cleaning the outside of buildings, furnishinq correspondent e~tablishment or bureau, f~rnishin~ detectiv~ $~rvice, furnlehing =lean diapers~ an embalmer, operating an engineering laboratory, leasing films to others for compensation, $2-40~ operating a frozen food locker plant, conducting funerals, cleaning furnaces, ~xhibiting a trained and educated horse, boardin~ or kssping horses or mules, r~n%ing horses or mule~ to others, furnishing house cleaning service, furnishing clean infant's nndsrwear, furnishing janitorial servioe~ operating a kennel or Small ani~ai ho~pltal, supplying clean linen, aprons, lock repairing, locksmith,m~'an~cur~$t, a massage pragtitiener, n masseur, furnishing messenger service, t~l~phone or telegraph ~es~ehger service, mimeographing, cleanin~ motor vehicles, greasing motor vehicl~t polishing mo~or vehicles, oiling motor ~ehicles, repair $ho9, vulcanizing, electrical and battery repair work for motor vehicles, repair shop, vulcanizing, electrical mad battery repair work for mOtOr vehicles, towing motor vehicles, washing motor v~hicles, motor vehicle repair, m~ltigraphing, nurses' registry, paoking, crating, shipping, c~tting, hauling or moving goods on chattels for others, a parking lot for the storag~ o~ or parking of motor vehicles, a photographer, physician's registry, ~cture framing or gilding, plating me,als or any other materials, operating a r~ducing ~alcn or health c~ub, renting any kind of ~angible ]srsonal property, operating a scalp treating e~tablishment, furnishing statistical seI-vlce, Stevedoring. (C) ~pairing, renovating Or ~arviclng the following: Bicycles~ radios and television apparatus, ~!ectrie refri- gerators~ pianos~ pipe organs or other musical instruments, fire extinguishers, road oonstruction machinery, road repair machin- ery~ farm machinery, industrial or comr~ercial machinsry, business office machinery or appliance~,.huusehQld appliances, shoes, watehes~ j~welry, umbrellas, harness, leather goods or shoes, guns, window shades~ dells, cameras. ~eys, fountain pen~ pen- cil~, kodaks, lawn mowers, mattresses or pillows, mirrorS, elec~ri= motors, scales, saws or tools, rewinding electric apparatus, repairing or upholeterin~ furniture, repairing er raw,eying clothing Or hosiery, r~Dairing any other articl~ m~ntiened. (d) R~pairing or servicing septic tanks or septic systems. (e) Warehouse for storage o~ merchandisu~ tobacco, furni- ture, other goods, wares or materlal~, cold storage warehouse, warehouse for icing or precollinq goods, Wares or merchandise, telephone answering service, furnishing telephone sanitizing service, supplying clean ~owels, supplying clean work clothes, an undertaker, renting or furnishing automatic washing machine~, cleaning windows, lette= writing. (f) Canvassers, other than those working on ~ salary er wage basis a~ employees of persons duly licensed under th~s section; detectives; ~ublishcrs of county or city directories; e~eretors of passenger motor bus terminals; /sating or fuT~iShlng horses or ponies for riding within a li~ite~ area, field, park or ether enclosure: manufncturlng and bottling Soft drinks; mineral or aerated water; pawebroker~ and pawnshops. (g) A~%bnlance service, book binding, day care center, duplication service, nursing home, homs$ for the elderly, sani~ tarian, hospital, ~upplier of Cable TV or sound track music, )rintlng, public motor rink (go=cart or motorcycle), refuse service (hauling). (h) Any person engaged in any personal service not other- wis% licensed under this chapter where the s~rvice is rendered fur compensation either upen or for persons, animals Or personal ~ff~cts. Every person engaged in one or mor~ of the following busi- nesses or professions and having an office or place Of business in the county shall pay a license tax ~ual to twenty dollar~ for ali gross receipts below three ahousand four hundred and fifty dollars and ~i~ty-~ighf hundred~ Of one per centum of thm gies$ =eceipt$ a~ov~ three thousand four hundred and fifty dollar~ of The business or profession of: company or firm, an auctioneer, a blueprinter, a public book- chiropodist, a chiropractor~ e civil engineer, a claims adjuster, engineer, a ccntrac~in~ engineer, a ~en%i~t~ a ~octor of medicinm, a furnisher o£ domes%it or clerical help, labor or employment, a furnisher of plans CT epecificmtions for the erectioD or improvement of buildings or a person employed in a bureau, a furnisher of data processing ser~ices~ an financial services, a geologls~, a heating and ventilating enginumr, an interior decorator, an investment broker, a labor of publicity service, a radio engineer, a railway engineer, brokers (including the gross receipts from real estate agents who are employees) and managers, a recorRer cf proceedings in any engineer, a sales agent or agency, a sanitary engineer, a and commo~itiee or a security or co,edify exchange. (b) A~y person engaged in a profe~sionsI service not knowledge o~ ~om~ d~paftm~n~ of scienue O~ learning, gained by a prolonged course of specialized instruction and study is usud by advising, gdiding, er teaching them, and in S~rving their cn it. in this coon:y, inolud~ng the performance in the county of a equal to twenty-five dollars for all gross receipts below hundred of the gross receipts above thirty-five thousand ~even hundred ~o]lar$. 82-410 ~ec. 12-91. Soesulative builder; amount of license taxi Basis for co~putation. (a) avery person engaged in the business o~ erecting a ~uilding or buildings for the purpose of e~llinq o~ rsntisg the ~ame and making no centrao~ with a duly licensed contractor for the erection of such building~ whethe~ Qr not such person contracts with One or more duly licensed contractors for One or ~ore portions, but does not contract with any one person for all Icl th~ work of erecting any one of such buildings, shell be deem~ to be a speculative builder and fen th~ privilege of transacting business in this county shall pay a license tee eGual tn twenty-five dollars for all costs of erecting the building below thirty-five thousand, seven hundred dollars and seven cents D~r h~ndred on tbs enti~e co~t of erecting the buildln9 ~eve thirty five thousand seven hundred do!lars~ exclusive of the value of the land, but including the cost of off-site impreve- ments~ ~amely, water systems, sanitary ~ewera~e drainage systems and roads and curb and gutter improvements, when such speculative builder ~Qes not contract wi~h a duly licensed contractor therefor. (b) Ne p~rsen that is duly licensed ss a contractor under section 12-S8 and that is.~aleo en~a~ed in the busines~ cf specu- lative building for which a license tee would be otherwise prescribed hy this section shall be liable for a separate lisen~e~ assessable under this section, b~ every ~uch person shall include in the basis for the tax to be co,Doted under section 12-88 all of the costs which a speculative builder is required to include under the provisions of this section, which costs shall ~e considered as a p~rt of the orders or contract~, accepted by the taxpayer in computing the taxpayer'S contractor's license. Sec. 12-117. ~fined~ tic~nsa required. Every pmrmon ~ngaged in the business Of a rcta±l merchant ~hall obtain a iic~nse fcc the privilege of doing business in the county and shall pay a license tax therefore. ~he te~n "retail merchant~ as used i~ this division shall include every person who sells goods, wares and merchandise for any purpose other than r~sale, but not including sales at wholesale ~o instltutfonal~ commercial and industrial users. For every license issued to a person engaged in the business of a retail ~ercha~t~ the a~Ount of license tax to be paid therefor sh~I1 b~ equal %0 ~en do~la~m for all gross receipts be]ow fi.ye thousand dollars and twenty hundredths O~ o~e per centum o~ the qro~ r~ceipts of the bugluess in excess of five thousand dollars. See. 12-137. Itinerant merchanh--~efined. ~%y person who engages in, does or tran~cts any temporary or transient business in the county or traveling from place to place in the sale of good$~ wares and merchandise, and WhQ for the purpos~ cf carrying on $ucb business hire~ leases, uses or occupies any building or structure, motor vehicle, tent, car, boat or public room or any part thereof~ including rooms in hotels, iodqing house~, Or houses of private entertainment, or in any public road in the county, ~or a period of less than one year, for the ~×hibitien of or sale of such gcodB, ~ares Or merchandise, except qoeds~ wares and ~erchhndi~e received ~rom bankruptcy $e1~$, trustee sales, railroad wrecks, f~re ~alee, slaughter sal~, er sale of like character or deelgnation, and ~tock receive~ from expositions and fairs, whether such person associates temporarily ~ith another merchant or engage~ in such temporary or transient business in connection with or as a part of the business or in the name of an0thez merchant or not, shall be deemed an i~inerant merchant. ~2-411 Sec. 12-144. Definition of peddl~r. Any p~r~cn who carries £rem place to place any qoods~ wares or merchandise and offers to sell or actually sells and delivers at the same time i~ a peddler. 3%ny person who does not keep a regular place of bumine~s~ whether it be a house or a VaCant lot 0~ elsewhere, with regular business hours, but at that place offers to sell goods~ war~ and merchandise, iS a peddler. Any p~rson who keeps a regular place of business, with regular business hours at the tame place, who other than at that regular place e£ business, personally or through agents offers for sale or sells and, et the time of such offering for sale, delivers goods, wares and merchandise is a peddler. {2) That Section 12-38 is repealed. (~) That this ordinance shall take effect January 1, 1983. Vote~ Unanimous Mr. Hedrick stated that citizens often think that when the C~n~ral Assembly gives Cha~terfiel~ more options regarding possible increases for revenue~, that the County looks for mc~e ways in which to spend th~ money. ~s stated that the County does net have this philosophy, ~n that, a budg~t is prepared and =hen the necessary fund~ are determined an~ that is how rates, etc. are fired. Mrs~ Girone stated the ~als and lodging tax is an ~×c~llent example. She stated it is not that the County wants to impose more tares because it is allowed, but because wa want ~quelity. Mr. Medrick stated thi~ time and ~ate had been advertised for a public hearing to consider the conveyance of two tracts cf r~eI property owned by Chemterfield CQunty at the Airport Industrial Park. Mr. Micas stated that at the Board meeting of Anril 14, 1982~ authority was granted to th~ Chairman ~o execute the two contrasts ~or sale of property but specific authority oust be granted to the Vice Chairman to execute the deeds of sale to H. T. Hackman and Strehae Ink and Lacquer Corporation. There was no opposition present. On motion of ~k~. Dodd, seconded by Mr. Daniel, the Board approved and authorized the Vice Chairman to execute the deeds of sale for the followlng parcels of land: 1. All that certain tract or parcel sf land containing 1.582 acres, more or leas, located in the Dale Magisterial Di~tflut of Chesterfield County, Virginia, at the Chesterfield Airport Indnatrial Park, edjoining %he scott%western property lies of the parcel owned by the Church of the Latter Day Saint~, which parcel is more particularly shown on a plat entitled "Map Of 1.582 Acres of Lend Being A Portion of Block B, Section A, P~vision of Chest=rfiel~ County Industrial Park in Dale District, Chesterfield County~ Virginia" prepared by LaPrade Brothers, Civil Engineers a~d Surveyors~ dated July S, 1982, on file at the Chesterfield County Attorney's Office. All that certain tract er parcel of land 0ontaininq 2 acres more or le~ located in the Bale Magisterial District of Chesterfield COunty, Virginia, a= th= Chesterfield Airport Industrial Park, which purcel is located on the ~outhwest~rl sid~ of Whitebmrk Terrace running approximately 190 feet along Whiteba~k Terrace in an easterly direction~ beginning fro~ a line extended aouthwesterly from the western boundary of the line owned by Frito-Lay~ Inc. Th~ southwestern boundary of the parcel ~helt be the County's ~Outhwestern property line for the ~ndustrial Park. This parcel is more fully shown on a plat entitled "Revision of Chesterfield Airport Industrial Park" prepared by J. K. Timmons and Associates dated October 26, 19Y6~ on file at the Chesterfield County Attorney,s Office. Sheriff Wingo stated at the request of the Board additional information was compiled regarding th~ cost of inmates at the Jail per day, He state~ the co~t per inmate is $9.89 in a~ition to the contribution by the ~tate. Ne stated that khe $5.50 is mc% adequate and requested an increa~m to $10.00 per day for those out of County inmates in addition to 100% of the medical co,ts of these inmates unles~ the coot is unusually high which could then be expended from the contingency set up by the Stat~. He stated that the pa~t practice was for m~dical e×osnsss to be paid two-thirds by the state and one=third by th~ l~cmlity. ~e stated this proposal would apply to those jurisdictions who do not have r~ciprocal agreements with the County. Mr. Dodd requested that Skeri~f Wingo report to th~ Board nex~ July On the increase and its ~ffeo~ on the operation of the Jail. On notion of }ir. Daniel, seconded by Mr. Dodd~ the Board approved the increase from ~5.50 tO $10.0O to sharge c~her jnrlsdistions ~ithout reciprocal agreements to house their inmates, that the cost of medical expense~ are to be pmid by the lo=ality unless the expenses ars unusually high which will then h~ taken from State contingency aCCount set up for these fees. Further it re~olved that the Sheriff ~ring this matter back to th~ attention pf the Board if it ia not as successful as anticipated and that it also be included in ~he fee schedule network which program should pay for its own costs~ ~'. Kedrick read the proposed reeoln%ion proposing equitable ~eals and lodging taxation authority. ~r. Dodd stated h~ felt tko equitable taxing authority would help his area ae it ~iseussion, it was on motion of P[~. Dodd, seconded by ~tr. Daniel, resolved that the Board adopt the following resolution: Whereas, A General A~emblv joint zubco~t~i%tse has been lppointed %o study local meals and transient occupancy taxation; :ha similarity between services provided bv cltle~ and large urban counties thereby making fiscal ~eman~s ~ere closely related to types of services provided than to the form of local u%hority is new available Only tb virginia cities and specified Only practical and e~uitable ~ean$ of placing some of the financial burden ~or services required by nonresidents on those individuals~ NOW, Therefore, Be %t Resolved~ ~hat the Chesterfield County bestow upon all cities and counties in Virginia equitebl~ authority to impos~ meals or transient occupancy taxes; and Be ~t Further Resolved that this resolution be transmitted nembar of the joint subco~itt~e studying local taxation o~ Mr_ Daniel stated that this is an example of laws which are not equal for counties and cities. HE stated although he is voting for this resolution, he is voting for the equality and not ,necessarily for the imposition of the tax. Mr. ~owell stated that staff felt it was necessary at this time to replace a 1975 ~anitation truck which was scheduled to be replaced next year. Me stated it was proposed that 5 chassis bm purchased through sealed bid but that the Truxmore body be rebuilt by Truxmore Industries. He stated it wam emtimatsd that the cost of a complete new unit versus the rebuilt unit with the new chassis could Save %he County $7;QQ0 with %he same utilization obtained. After further discussion of the ma~ter, it was on motion of ~r. Bookman~ seconded by Mr. Daniel, resolved that $3Q,0D0 be appropriated from ~b~ General Fund contingency ~or the purchase of a sanitation truck chassis and rebuilding of the bo~y by Truxmore Industri~n and further ~hat the Board waived the bid requirements ~or bidding of the ~building of the Truxmore packer body by that company as permitted by Section 2-10 because biddin~ is not ~easible because Truxmore im the only company that can fma$ibly rebuild the body. V~te: Unanimous Mr. Dodd inquire~ ebeu~ ~he ~a~er system u~ed at the Nursing Home and the need for a boilez shell and insulating jacket. Mr. Gillentine explained that ~he ~urelng Home uses raw water which needs to be treated and will ~revsnt corrosion. It w~$ on mo=ion o~ Mr. Dodd, seconded by M~. Daniel, re~olved that $10~00 be appropriated from the retained earnings of the ~ureing Home Fund for ~hs ~urchase and installation of boiler shell and insulating jacket ~or th~ County ~ursing Home. This day the County Environmental ~ngineer, in aceordauce wi~h directions from this Board, made report in writing upon his ~xumination of White Bark Terrace in Chesterfield County Industrial Park, Dale District. Upon consideration whereof, and on motion of M~. D~dd, seconded by Mr. Daniel, it is resolved thet ~hite Bark Terrace in Chesterfield County Industrial Park, Dale Dis~rict~ be and it hereby is established as a publio rQ~d. And be it further resolved, that the Virginia Department cf Highways and Transportation, be and it hereby is requested to take into th~ Smcondamy System, White Dark Terrace, beginning at its intersection with Whitepine Road; State Route 701, and running in a southwesterly direction for .12 mile and then corning in a northwesterly direction and continuing for .07 mile ~he perfOrman~ of the streets for one (1} year. The~a roads guarantees to the Virginia Department o~ Highways a 70 f~. follows: Plat Hock 40, Page 37, December 10, 1981. This day the County Environmental Enqineer, in accordance with Clarendon, A portion of Section F, Clover ~ill Die%rich. Upon consideration whereof, and on motion Of ~r. Dedd, seconded by Hr. Daniel; it is resolved that Timb~rcres~ Court and ~cManaway Drive, in Clarendon, a portion Of Section P, Clover Hill District, be and they hersby are established as public roads. And be it further re~olved, that the Virginia Department of Highways and TranspOrtation, be and it hereby is requested to take into the Secondary Syste~, Timbercrest Court~ where State meintenanc~ ~nds, State Route ~150, and going .20 mile ~outheasterly to a cul-de-sac; McManaway Drive, beginning at intersection with Brookforest Road, State Rents 2115, and going .27 mile southeamterly to tie into existing McManaway Drive, State Route 2113. These roads serve 53 And be it further resolv~d~ that the ~oard of Supervisors guarantees to the Virginia Department of Highways a 50 ft. right-of-way for all of tkese roads. This section Of Clarendon is recorded es follows: ~ectlon F, Plat Book 35, Page 67, March 8~ 1980. Vote: Unan~mon~ Mr. Hedrick advised the Bcar~ off outstanding appointments[ On mot%on o~ Mr. Deck, an, seconded by ~r. Dodd, the Board~ 1. Appointed Mr. Jack Lynch to the Youth Services Commission representing Clover Hill District whose t~rm is effective immediately and will expire On June 30, 1983. 2. Reappointed Rev. ~illlam L. Painter, Jr. to the Youth Services Commission representing ~idlothian District term is effective immediately and will expire on June 30, 1984. Vote: Unanimous · he Board recognized the following members of th~ ¥~uth Services Commission whose %erm~ ha8 expire~ and who were ineligible for reappointment: Mr. Randolph Watkins ~r. Liebert ~awkins ~rs. ~largaret Simpers ~rs. Sue Lofquiat On motion of Mr. Dodd, seconded by Mr. Bookman, ~he Board changed the name of Pine Bark Koad, State Route 898, to Were ~ottn~ Spring Road effective March 1, 1983, ~r. DO~ noted that ~he new na~e ha; significant historic value. on motion of Mr. Bookmanr s~conded by Mr. DodO, the Be~rO changed the nane of Burgler Drive to Carriage Pinta Drive as requested by the developer of the Carriage Pines subdivision. vote: Unanimous approve0 th~ installation cf street liqht~ at the following locations with funds to be expended f~om the ~istrict as £~dicated with locations #2 through #6 to be placed on existing ~2-4t5 2. Reams ROad and Walkerton Road, Clover Hill District Reams Road and cambofne Road, Clover Dill Distric~ Reams Road and Providence Road, clever Hill District 5. Providence Road end Hicks Road, Clov~r Bill District 6. Providence Read and Sharpstea~ Road, Clover Hill Di~t~ict 7. wittesden Read and bulwich Drive, Dale District 8. Willesden Road and Space Road, Dale District 9. Dulwich Drive and Benton Stre~t~ Dele District Dulwich Drive and Hartwell Drivs~ Dale District Il. Banton Street and Eartwell Drive, Dale District 12. Between 4725 and 4731 Willesden Read, Dale District Vote: ~r. Bedrick stated this dat~ and time had been scheduled for a public h~aring to consider an ordinance to vacate a portion of an eight foot ea~ment across Lot ~3, Block B, Ream~ Hun, Section B. There was ao opposition present. On motion of Mr. Bookman, seconded by Mr. Dodd~ the following ordinance wes adopted: ~ Ordinance to vacat~ a portion of an 8 ft. easement Hill ~agisterial District, Chesterfield County, Virginia, ae shown on plat thereof duly recorded in the Cl~rk's Office of the Circuit Court of Chesterfield County in Flat Book 27, at page 12. Whereas, D. Edward S~arbrick and Iris A. Parham have petitione~ the Board of Supervisors of Chesterfield COunty, Virginia to vacate a portion of an 8 foot easement across Lot 53, Block B, Reams Run, Section B, Clover Hill ~4aqisterial District, Chesterfield, Virginia, more particularly shown un a plat of record in the Clerk's Office of the Girc~it Court of said County in Plat B~ok 27, at page 12, made by J. K. Timmon$ and Associates, Yncorporated, dated July 2, 1976. The portion of easement plot petitioned to be vacated is mer~ fully ~escribed as A portion of an 8 foo~ easement across Let 53, Block B, plat made by Robert M. Blankenahip, III, dated October 23, 1979~ a copy of which is attaehe~ hereto and mede a part of this Ordinance. Whereas, notice has been ~iven pursuant to Section I5~1-~31 of the Code of Virginia, 195~ as a~ended, by advertising; and Whereas~ no public necessity exists fur ~hs continuance of the portion of easement ~ought to be vacated and th~ vacation will not abridge the rights of any citizen. Now, Therefore, ~e It Ordained by the Board of supervisors of chesterfield County, Virginia: That pursuant to Section 15.1~482 (b) of the Code of Virginias 19~0, as amended, the above des=ribed portion of easement is hereby vacated and no longer necessary for public This OrdinaDce shall be in full farce and effect in accordance with S~ction 15.1-4S2 (b) ef the Code of Virginia, 1950, as amended, and a ~rt~4ied copy ~f th~s Ordinance, together wit~ the plat attached hereto shall be recorded no ~ooner than thirty days hereafter in the Olerk's Office of the circuit Court of Chesterfield, Virginia, pursuant to Section 1~.1-485 of the Code of Virginia, 1950, as ~ended. The e£fect ef this Ordinance pursuant to Section 15.1-~S3 is to dest~0y the force add ei~ect of the recording of the portion 8~-416 10.B, Accordingly~ this Ordlnanc~ shall ~s %~exed in the names of the County of Chesterfield as grantor and D. Edward gwazbrick and Irls A. Parham, er their successors in title, as grant,es. Mr. Hedrisk stated this date and time had b~n scheduled for a public hearing to ceD~ider an Ordinance to vacate portions of a 19 f~. and 16 ft. easements acro~ let~ 3~ 4, ~, ~, and 7, Block ~, Dale E~ights. There was no opposition pre~ent. On motion of Mr. Dodd~ eeeonded by Mr. Bookman, the Board adopted the following ordinance: An Ordinance to vacate portions of 10 f~. and 16 ft. easements aeros~ lots 3, 4, 5, 6 and 7, Block ~, Dale Heights, Bermuda Magisterial Dimtric~, Chesterfield County, Vi~ginia~ a~ shown on plat thereof duly recorded in the Clerk's Office e~ the Circuit Court of Chesterfield County in Plat Book 9, ah page Whereas, J. T. We/ton has p~tltioned the Board of Supervisors o~ Cheste~fiel~ County, Virginia~ to vacate portlong of lO ft. and 16 ft. easements across lots ~, 4, 5, 6 and 7, Block B, Dale Heights, ~ermuda Magisterial District, Chesterfield, Virginia~ more oartioularlv clown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 9~ ut pagm 11~, mede by William M. Lewis, dated Canonry ~, %955. The portion Of eesemente petitioned to be Vacated is more ~ully ~escribed as follows: A portion of ]0 ft, and 16 fo. easements acro~a lots 3~ 4, 5, 6 and 7~ Block B, Dale Heights Subdivision, as shown shaded in green on a plat made by Frank F. Potts, Jr. and Associate, ~ated Auquet 16, 1982. Whereas, notice ham been given pursuant to ~ection of th~ Code of Virginia, 1950, as amended~ by advertising; and Whereas, no public necessity exists ~or the continuance of the eaaements ~eught to be vacated and the vacation will not abridge the right~ of any citizen. NOw, Therefore, Be It Ordained by the Board of Supervisors of Chesterfield County, Virginia: That pursuant to S~etion 15.1-492 (b) o~ th~ Code of Virgini~ 1950, as amended, the above described easements are hsreby vacated and are no longer n~cessary for public Thi~ Ordinance shall be in full force and effect in accordance wit~ Section 15.I-452 (~) of the Code of Virginia, 1950, as amended, and a certified copy of tki~ ordinance, together wi~h the plat in the Clerk'~ Office of the Circuit Of Chesferfield~ Virginia, pursuant to s~=tion 15.1-485 of the Cod~ cf Virginia, 1950, as amended. The effect of this Ordinance pursuant to S~ction I5.1-~3 to destroy the force and effect of =he rscer~ing of the portion of the plat vacated. Accordingly, this Ordinance ~hall be indexed in the namee of the County of Chesterfield as grantor and J. T. W~lton~ or his sucseasors in title, as grantee. Vote: Unanimous Mr~ Painter stated that Mr. Vernon LaPrade had requested tha~ he not extend public water and seweI to two lots in Rening Heights. ~e stated that Mr. LaPrade h~d originally proposed to resubdivide S2-417 ~O.C. LOt 59 into fiv~ lots but du~ to opposition in the neighborhood he had agreed to only two lofs. He stated that Mr. LaPrade had also originally planned to extend pablic water and sewer to the lots but with two lots only being developmd, he now felt it was not economically f~ami~le. He stated Mr. LaPrade is requesting to be allowed to provide water and ~wer Service fo th~ let on Je~sup ~oad by extending private water and sewer services from Upp Street across the adjacent 10t. Mr. Welchons stated mtaff felt this request violates County policy, sstablishe~ undesirable precedent and mete up future maintenance mroble~s for property owners. He stated, however, if the Board aqrssd to this request, that this situation be reworded within the resbrictiv~ covenants in the the d~eds. ~r. LaPrade stated he we~ willing to donate to the County e 20 ft. easenent acros~ his property for any future ~×t~nsicn of utilitiem, that ha will ru~ the private li~us~ that he ia against stating this in the deeds as he felt this was not proper but he would a~vise the owners by letters~ etc. ~r. Daniel stated he was interested in protecting the subdivision, ahd that he felt this was in the best interest of the neighborhood as it would be divided into only two lots versus the five. There was som~ d~scusmion involvinq the costs to Mr. LaPcade fen the extension uf utilifims. Mr. Dodd stated that h~ felt this was using the utility Department to handle m zoning problem and he would not vote in favor of this request. ASter further discussion, it was generally agreed that this matter be deferre~ until later in the On motion of Mr, Dodd~ seconded Mr. Bookman, the Board approved the r~q~est and waived the bidding requirements for the purchase of Chlorine Dioxide equipment necessary for the Falling Creek Water Pl~mt in accordance with Section l-l§ of the Code because to the best cf staff's knowledge, bidding is not feasible beceus~ this is the only company which provides this equip~nt and Services. Funds previously appropriated. Vote: Unanimous On motion of ~r. Dodd, seconded by Mr. Dookman, the Board approv= the request and waived the bidding requirements for the upgrading Of BT~ Equipment for the Swift Creek Water Plant in accordance with SeCtion 2-10 of the Code because bidding is ne= feasible besause it would b~ imprmotioel to determine responsibility for certain corrective action ~hould various parts ~lfunotlon. Funds previously appropriated. Vote: Unanimous On motion of Mr. Dodd, seconded by Mr. D~n%e%, the Board approved the adjustment of appropriations for the following water and sewer project~: 1. W79-31CD - Relocation Of Rou~e ~0 and Providence - Trans~er $7,583.4D from 380-1-69312-4393 to 563 fund balance. This project is now complete. 2. S?3-1T - ~ening Heights Collectors - Trans£e~ $63,893.06 from 380-1-73011-4393 to 57A surplus. This represents the balanc~ of the Contingency net needmd to complete this project. S8!-90C - Lake Hills Subdivision - Transfer $6,06~.04 from 38Q-1-71901-4393 to 574 surplus. This project ia now oe~pletu and this money represents the balance ef the contingency net used on this Vote: Unanimous 10.D~4. t0.E. On motion of l~r, Dodd~ 9eConded by Mr. Daniel,' the Beard awarded contract 7032-5, Proctors Creek Lighting Suppreasion System, to Ben Collier Electric Company who submitted the low bid o~ $iS,98~ subject to EPA approval. It is noted that no additional appropriation is needed. On motion of ~r. Dodd, seconded by Mr. Daniel, th~ Board approved and authorized the Vic~ Chairman and County Administrator to execute any neceee~r? ~ocuments accepting an agreement with D. L. Ingram, Sr., and L, C. ~eareon bo provide access to the Timsbury Creek Sewage Pumping Station in the amount of $4,500 for which there will b~ no further co~t %O the County fur construction or maintenance of this perpetual right-of-way with funds to be ~xpended from ~0-1-71000-4393. Vote: Unsnlmou~ On motion of Mr. Dodd, ~ecoaded by Mr. Daniel, the Board ~pprove~ and authorized the Vice Chairman an~ County Administrator to exeoute a Quit-Claim Deed csnveying a portion of Tuxfor~ ~ead to the owner of Lot 17, Block R, Section Z of Shenandoah~ ~ontrncts executed by the County Administrator. M~. ~edrick preuented the Board with a copy of the open burning restrictions for the County. Mr. ~edrick stated t~e County had been formally notified that the reade in the following subdivision were officially accepted into the state Secondary System: Robinwoo~, Sections 1, 2, ~, 4 and 5 gobinwoo~ Drive ~ Beginning at its intersection with Cogbill ~oad, Stat~ Route 6~8, extending northerly 0.05 mile to the intersection of Robinwood Court, then looping westerly 0.~ mile back to its intersection with Oogbill Road, State Rout~ 639. Robinwood Court - Beginning at its intersection with Robinweod Drive, extending westerly 0.12 mile tua cul-de-sac. L~ngth 0,$~ mi. 0.12 mi. On motion of Mr. oodd, seconded by ~ir. Bookman, the Board approved a request for a fireworks display for Lloyd C. Rird High ~cheel on November ~, 1982 et 9~00 p.m. at the ethlatic field bubjeet to the rules and regulations of the ~ire Department. It was g~nerally agree~ that the Board would recess for five minuteS. ReeOnvening: iO,B. 12.,I3. & 14. -<5' On motion of Mr. Daniel, seCOnded by Mr. Bookman, the Board approved the requesf from Nr, Uernon E. LaPrade to ~×tend privets water and sewer service lines, so long as the existence of private servio~ lines are recorded in the restrictive covenants and that the 20 ft. easemsnt be ~£cat~d ~o th~ County in accordance with the conditions set out in the a~nda item. Votg; Unanimous It was g~ne~ally agrsed that the Board would not hav~ work sessions regarding the Nursing Home Report, the Three Year Projections nor the C~pital Improvements Program ~cheduled for this date. It wa9 noted that re~cheduling would bm made in near future. On motion of Mr. Dodd, seconded by ~Lr. Daniel, the Roard went into Executive Session ~o discuss appointment of an officer to a publi= body es permitted b~ S~ction 2.1-344(a)(1) and to discuss with counsel the status o£ the 1-295 litigation as permitted by S=ction 2.1-344(a) (6) of th~ Code of ¥irginia, I950, as amended. Vet%: Unanimous Reconvening: On motion of Mr. Dodd, s~conded by Mr~ Bookman, the Board a~journed a~ 3:35 p.m. until 10:00 a.m. on October 27, 1982. Rf~5~rd [. Hedri"ck County Administrator ~2-420