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10-12-1988 Minutes~0~ O~ OCTOBER 12, 1988 ~upervisors in At~endance: ~r. G. H. Apglegate, Chairman Mr. M. B. ~ulllvan, Vice Chairman Mr. C. F. Currin, Jr, Mr. Harry G. Daniel Mr. Jesse J. Mayes Mr. Lane B. Ramaey County Administrator Anat. Co. Admin., Legis. Svcs. and Intergovern. Affairs Ms. Amy Davis, Exec. ~$t, to Co, Admin. Clerk to th~ Board Chiof Robert Eane~ Pirs Department Deputy Co. Ad, in., Mr. william H. 5swell, Dir., Gen. Services ~s. ~ary Lou Lyle, Dif+ of Accountinq ~r. Robert Masden, Deputy Co. Admin., ~r. R. J. McCracken~ Transp. Director Mr. Richard McEl~ish, Dir. of Env. Eng. Attorney Mrs. Pauline Mi=cheil, Dir. cf News/Info. Sezvices Sheriff J.W. Mutispaugh, Sheriff's Department Col, Jozaph Pittman, Chief of Police Deputy Co. Admin., Development Mr. Jay Ste~maier, Dir. of Budget ~r. David Welehons, Dir. of Utilities Mr. Frederick Willie, Dir. of Buman Mr. Appleqate called th~ meetinq to erde~ at 2:00 p~m. in the Ad/~inistratlon Buil~ng Copfer~nce Room (Room 502). 1.A. MIDLOTHIAN AREA C0~UNIT¥ PLAN Mr. Sale presented a brief overview of the workp!an and ex- plained the process for devising the proposed ~idlothian Ares Community Pla~. H~ ~%ated ~his nntura and dee~ not raquir~ action by the Board at this time. Mr. Jacobson stated the study is an outgrowth of the efforts ~idlethian residents to promote ~umnary of th~ Plan recommendations, identified the core area velopment, areas of special consideration, transportation requirements £or the Village of ~idlothian, the impact of setbacks on reconstruction of existinq ~t~uetures~ bar,axing, the number of Miles of new planned roads, open ~paee and park ¢oAoepts, ooAfo:mity of thi~ Plan with the Northern Area Lend Use and Transportation Plan, citizen parhic~pation in the Plan Mr. Sullivan thanked the Board lot its support and concern for this project. ~e expressed eppae¢iation to all those involved (staff, citizen~, Planninq Co~mf~$ion members) in the Plan development process and commended them for a fine jo~. It was noted that the plan processe~ for ~he villages of Che~ter, Matoaca and Ettrick ars scheduled. Mr. Micas and ~r~. De.art presented each program ite~ of ~he draft 1989 Leqislative Program and stated the list contained many items tha~ are ~o~ anticipated to bo included in the Board~s proposal to the Sener~l Assembly delegation but were placed en the initial draft to provide ideas for further discusSiOn. (A copy of thc Draft Proposed 1989 Legislative Program is filed with the papers of this Bcar~.) Discussion, que~tion~ and coK~ents ensued relative to the proposed draft program, several items were d~le~ed and othe~s were modified and it was generally a~rsed the next step would be to meet with the Legislativ~ D~l~gatlen prier tc finalizing the program. 2. D~TER The Board recessed at 'Restaurant for dinner. p.m. to travml to B~lla %tells Reconvening: 3. IN%~C~TION Mr. Applegate introduned Chief Robot= Eanee, who gave invocation, the The Pledge of Allegiance ko ~he Flag e~ =he Uni=ed States of 8S-761 Mr. Daniel reported that Chesterfield County received two awards from The Ei~torie Richmond Foundation, one recognizing the designation of the Hen Air Community a~ a Virginia Historic Landmark and one recognizing the Board of Supervisors for establishment of the Historic ~raservation Ordinance. Ks introduced Ms. Mary Ellen ~owe~ Chairman of the Cheeterfiel~ ~reaervatlon Committee, who presented ~he ~oard w~th a Pre~er- ration Citation from The Historic Richmond Foundation for t~e "Local Ordinance Ads,ted by Che~te/field County t0 9re~rve Historic BuildingS" in recognition of an outstanding contribu- tion to the preservation and res%oration of historic property. Mr. Maye~ informed the ~oard that he was recently appoiDt~d to th~ Governor's Information ~anagsment Council's Edueatien Advisory Committee, the purpose of said council to be tc pro~otp/$o0rdinat~ planning, practical acquisition, e~ective ~evelopment and efficient use of information technology re- higher education in the Commonwealth of virginia. Mr. Currin reported he attended the Virginia Municipal League Annual Conference at Virgi~i~ Beach at which he attended found' ts be most interesting and beneficial. ~r. Sullivan reported he also attended the Virginia Municlpa~ LeagUe Annual Conference at virginia Beach which he found to be Mr. Applegate reported he attended tbs opening of the A. M. excellent example Of how bond referendum mone~ ~an b~nefit the County and its cftizens. ~...~..~U~ST$ TO POS"2PONEACTIO~, ~MERG~CY~DDITIO~S OR C~ANGE~ IN 'rzu~ O~D~ OF PP,~SENTATION On motion of Mr. Sullivan, seconded by Mr. Mayer, the Board moved Item 13.B., Contract with Health Care ~roviders for County's Health Ca~e Program for' 1989 Calenda~ Year and Amend Cennty's Flexible Compensation Plan from an October 1 - September 30 to a Calendar Year Cycle, to ~he end of the agenda for consideration following Item 13.I., Reports; and adopted the agenda, aa amended. 9. P,~OL~TIONS ARD 8PECI-~L RECO(~ITIONS o FIRE DEPART~NT AWARDS CEREMONY Chie~ ~ane~ expressed appreciation for the opportunity to recognize the special actions of Firs Department and civilian pernonnel through the presentation of ths Fi~e Department Awards Ceremony, indisatad the week of October ~ - October 16, 198~ was designet~d a~ ~ational Fire Prevention Week, and stated the Ettriok Volunteer Fire Department is celebrating i~s 60~h anniversary. ~e introduced Mr. Roy Pat~iek~ Chief of Administrative Services, who presented a brief outline of the special actions which prsoipitat~d recognition of the following individuals: Mr. Thomas R. Doland Emergency Medical ~ervioe~ Mr. David C. Ambrose Certificate o~ Appreciation Department of utilities i i i Shift~ Sergeant Bruce S. Simmons Fircfighter William E. Smith Firefight~r Robert D. ~arris Firefighter Stephen T. Gibson Sattalion Chief Wayne L. Tunsta%l Firefighter Willi~ E. Smith MS. Sandy Mueller-Brady Manchester Rescue Squad Company 5, Midlothian Lieutenant Robert P. AVSeC Eirefighter Edward T. B~rry Firefighter David S. Harretson Unit Citation Citation of Merit Emerqency Medical Services Emergency Medical Services Company 14, Dutch Gap C Shift~ E~erqenc~ ~edical Services Sergeant Kenneth L. Tanner Fire~i~hter Steven W. Cook Firefighter Eendatl R. Marston Dispatcher Tonja Casteen Dispatcher Tonja Casteen Dispatcher Elizabeth Lohr Sezgeant David M. Mason Firefi~hter Ashley M. Marshall sergeant scott V, H~chler Company 6, Enon The Board corm~ended the Emergency Medical Services Emergency Medical Services Emergency Medical Services Emergency Medical Service~ Volunteer Firefighter of th~ Year 1987 Car~er Pirelighter of the Year 1987 Volunteer Company of the Year 19~7 recipientm for their dedication, loyalty and concern ~or their {ellowr~an and expressed appreci- ation on behalf of the citizens of Chesterfield County. 10. HFJ~INGS OF CITIZENS ON,I~.,SC~UUL~DHAT~E~ORCI~I~8 There were no hearings of citizens on unscheduled metteTg or claims. There were no deferred items to be considered at this time. 12. P~BLIC H~J~{INGS o TO CONSIDER AN ORDINANCE TO AMEND THE CODE O~ TH~ COI/NTY OF CHESTeRFIeLD, 1978~ AS AMEND~, ~y A~i~DING A~D'P~NACTING CHAPTER 12, P~LATING TO BUSINES~ LTCRNS~ TA~S Mr. Micas stated this data and time had been advertised for a public hearing %0 consider an ordinance to amend the County si~tencies with c~rrent State law, confo~ity of the proposed 88-763 ordinance with established practices of the Commissioner of Revenue's office, etc. No one same forward to speak in favor of or in opposition to the proposed Ordinance. On motion of Mr. Sullivan, seconded by Mr. Currin, the Beard AN O~INANCE TO AMEND T~E CODE OF OF CHESTERFIELD, 197~, AS A~ENDED, BX A~XNG BE ~T ORDAINED BY THE ~OARD OF SU~ERVI$0RS thatz 1) ~hapter 12 of =he Code of the county of chesterfield, 1978, as amended~ is hereby amended to read a~ follows: Article I. In Genmra] Sec. 12-1. Imposition and purpose of taxes generally. There shall be levied and collected for each lioense ~ax year Or for such other p~riod of ti~ as may b~ specifically provided herein the license taxes as set forth in thic chapter. The taxes impoaed by the provision~ of thi~ chapter ~re impo~e~ upon t~e privilege of ~oing business in the county, includin~ Sec. 12-1.1. Ex~ption from license tax. ~ery person engaged in a business, occupation or pro- fession Otherwise taxable pursuant to this ohapter shall be dollars {$3,000.00) during the taxable year. This exemption ~hall apply only to any business, occupation or profession which would, but for ~his exemption, pay a liosnse tax the ~ellers. {a) Notwithstanding any other provi~ion of this chapter, nc liaense tax shall be imposed upon a direct seller, as defined her~in, unless ~h~ total sales Of such seller exoeed four thousand ~ollars ($4~O0O.OO} per year. The rate of tax levied on a direst seller whose total sale~ ezceed four thousand dollars ($4,0O0.00} pe~ ~ear shall net be greater than retail sales or five cents ($0.05) pe~ one hnndrsd dollars ($100.00) of wholesale sal~$, whichever i~ applicabl~. No license tax shall be imposed upon such direct seller unless such person maintains his place of abode in the county. (b) AS used in this station the term "direst seller" means any person who: (1) Engages in the trade or busin~s~ of s~lling or soliciting the sale of consumer products primarily in pYivate ~e$idences and maintains no public location for the conduct of s~sh b~sines~ and (2) Receives ~emuneranlon for such activities, with substantia'lly all of such remuneration being directly related To sales or other sales-oriented cervices, rather than to the nnntber of ho~rs wQrke~; and 88-764 Performs such a~tivities pursuant to a written contract between su0h person and the person for whom the activities a2~ performed and such contract provides that such person will not be treated as an employee with respect tO such activities for £edera! tax p~rposes. See. I2-2. Definitions. The following words and phrases, when ~aed in this chapter, mhall have the following meanings, except where the context clearly indizates a different meaning, er there i~ an Gross receipts. The gross eaies of goods and merchandise and the gross receipts of the businsss, occupation or pro- fession from all e~rnings, fees, co~mis~ions, brokerage charge~ and rent,Is and from all income whatsoever arisihg from or profession licensed in this chapter, during the license tax year immediately preceding aha license tax year for which the tax is being computed~ without any deduction whatsoever, unless Person. Individuals, firms, partnerships, associations, corporations and combinations of individuals of whatever form or chafact~rt including any trustee, receiver, assiqnee or personal representative thereof carrying On o~. continuing See. 12-3. Certain ~ermits required from ~olioe chief. Every person desiring a license under the' ~evisions of this chapter for acting as a or a nightclub operator, adult bookstore, adult motion piCtUre theaters and adult ~ini motion pictures shall first apply to the chief of police for a permit and'shall produce to the 0hiaf of polic~ evidence of tke (good character of the individual), the members of the firm or the chief officers of the corporation. The chief of police shall mat= a reasonable in~e~tig~lion e~ the ~haractsr cf the i~di- vidnal, or et each member of the firm er of each chief officer of the corporation to determine the fitness if he is thai the £adividual, the members of the firm or the principal officers of the Corporation, are fit tO lawfully pureue such activity he shall issue the permit. The form of the applica- tion for the permit and the form of the permit t~self shall be prepared and furnished by the chief of police. Th~ chief police may revoke any per~it isa=ed under this chapter if he is of this ~ection. Sec. 12-A. Dut~ of license a~lioant to ascertain if properly zoned and use permit issued. It stall be the duty of ~very pe~en applying for a business license to insure that the location for =he Conducting of ~uch business, occupation or profession i~ properly Zoned for its intended use before making application for a business All applicant~ for a new businzss license shall obtain certific&~e from the Director of Planning stating that the location is properly =on~d for its intended ~s~ and such certificate shall be p~esented ~o the commissioner of revenue properly zoned for its intended use. Place adult book sture, adult motion pictures and mini motion picture as sepa:ate taxable category. 88-765 See. 12-5. License tax ~ear. Each license tax year shall ~Gmmence at the time when the license is first assessable and shall expire on December 31 of that calendar year. Sec, 12-6, Persons beginning business--license tax based on estimate Of'~rcss receipts--Generally. Every person beqinning a business, occupation or pro- fession that ks subject to a tax equal to a per uentum of the gross receipts of the b~iness shall estimate the amount of such gross receipts that he will receive between the dats of beqinninq busine~ ekd the end of the license tax year. The license tax cn every such person beginning such business, occupation Or profession shall be ~q~al to such estimate multiplied by the applicable license tax rate. full ~ear. Every person whose business, occupation or profession is subject to a tax equal tn a per centres cf the gross recelp~s cf the business and who was licensed for oDty a part of the preceding license tax year shall estimate the amount of the gross receipts of th~ business that he will receive ~urinq the then current license tax year~ and the license tax on s~ch p.rson shall be equal estimate multiplied by the applicable see. 12-8. Same--Computation when tax base other than gross r~cei~ts--Generally. Every person beqinning a buslnss~, occupation e~ pre- fession that is ~ubjeet to a tax equal to e per cuntum of a basis ether than gross receipts of the business shall estimate the ~uho~nt of the applicabl~ tax base for the period between the date of beginning cf business and the en~ o£ the then current license tax y~ar, and the tax for that y~ar shall be an am0un~ equal to the estimate ~ult~plie~ by the applicable license %ax rate. See. 12-9. S~me--Same--When business not in existence for full ~very person, whose business, occupation or profession is subject to a tax ~qual to a p~r centru~ of a basis other th~n the gross receipts cf the business and who was assessable for 0sly a p~rt o~ the preceding license tax year sAall estimete the amount of the applicable tax base for the then current license tax year, and the license tax on such person shell be equal to same estimate multiplied by the applicable license tax rate. Sec. 12-~0 same--correction of estimate at close of Every estimate made in accordance with the provi~icne of Sections 12-6 through 12-9 shall be subject to scrrection by the c~mmlsslener o~ the revsnue at the aloes o~ the license tax year so that the final correct tax shall be computed upon the basis o~ the actual amount o~ the applicable tax base at the end of the license tax year. Sec. 12-11. Expiration date of license. No license shall be issued under this chapter for a period beyond the end of the current license tax year, and unless otherwise expressly provided every license issued under this chapter shall expire at the end of the license tax year. 88-766 Every licenee to engage in any businese, occupation or by law, shall designate the place of such business, occupation er profession at some definite place within the county. Engaging in any such business, occupation or profession alma- where than at such defiaite place, unless expressly authorized by law, shall constitute a violation of the prov±~icn$ of this chapter. When the license required is suck as to indicate %hat the license does not hav~ a definite place of b~$iness in the county, the license shall designate the residence Or place of business of the licensee wherever it may be. Sec. 12-13. Persons engaged in more than one busineSS, occupa- Every person engaged in more than one business, occupation O~ profeo$icn in the county for which license taxes are pre- scribed by this chapter at more than one rate shall be assessed with and ~hall pay the license tax prescribed for each respec- tive business. Where a person engages in two or more of such buoinessesz 0ccupati0n~ or professions at a single place of business, each of which business is taxable at the same rate on th~ gxoss r~c~ipts thereof, gross receipts of such businesses, occupations or professions shall be consolidated, computed and r~ported as one item, and only one license tax. ~hall be puted =hur=Qn; bu~ the license receipt shall show the r~spec- tire businesses, occupations or professi©ne that are covered by the consolidated license tax. Sec. 12-14. Assilnment and transfer--G~nerslly. ~ lloenso issue~ pursuant to this chapter shall be assignable or transferable. Sec. 12~15. Sarn~-Chanqe An exlstimq, partnerships. Where there is a change i~ a partnership by the death or withdrawal of one or more existing partners or by the addition of one or more partners or a combination Of either the withdrawal and the addition of one or more partner~ it ~hall such ~ew Sec. 12-16. Reserve~. Sec. 12-17. Reserved. Sec. 12-18. Reserved. Sec. 12-19. Reserved. S~c. 12-20. Reserved. Sec. i2-21. ~ooks and ~ocords of taxpayer. dctormlne the correctness of the tax paid for the current license tax year and the preceding 3 tax year~ and to assessable for each of those years. The commissioner of revenue and the license inspector shall have the fight to asssesahle under this chapter or the boeke end ~eeOrds of any other person that may indicate the assessable tax of such person. Such recorde ehall be open to inspection at all re,so,able hours. ~-767 Sec. 12-22. Collection and paymen5 of tax--Date of assess- ability, when due and payable. Except as Otherwise pr0vided~ every license ta~ assessable under this chapter shall be assessable on %he first day of the license tax year and ~hall be due and payable On the first dmy of the license tax year. Sec. 12-23. same--Penalty-Interest for nonpayment than beginner. If any license tax othe~ than that of a person beginning business is not paid within one (1) calendar month after beginning of the license tax your, there uhall be added a penalty of ten (lO} per cent of the tax; and if the mount due be net paid within thirty (30) days from the date of assessment, the assessment shall hear interest on the full amount of the tax, penalty and interest at the rate of ten per cent par annum fro~ the ~ats of =he assessment un%il paid. Sec. 12-24. Sa~e-~$ame--Iutersst ~or nonpayment by beginner. immediately prior to beginning upon business, and if ~uch license tax be not paid within ten {tO) days from the beginning o~ business, the license ta~ shall b~ subject to a penalty of ten (10) Der cent; the assessment ~hall bear interes~ on the full ~ount of the ~ax, penal~y and in%crest at ~he rat~ of t~n (10) per cent p~r ann~ from the date of the assessment un=il 9aid. sec. 12-25. Reserved. Sec. 12-26. Same--~ff~== of abando~ene or closinq on liabili- t~ for ~a~ment. In thc event a person who has paid a license tax based on actual ~ross receipts, permanently ceases ~o engage in business, profession, or occupation within the cohnty d~ring year for which a llccnaa tax ham already been paid, the ta~- payer shall be entitled, upon application, to a refund fe~ that portion of the license tax already paid, pro~ated on a monthly ba~i~ ~c that the licensee is raked only for that fraction of the year during which the business was epenats~ wi=hin county. The operation of a business for any portion of a month shall be considered a full month for proration purposes. No person shall be entitle~ to a r~fund of minimum license taxes, or license taxes not based on gross receipts. Sec. 12-27. Reserved. Sec. t2-28. Powers and duties of county offi=ers in .r.~.~.ard to incorxec~ re~urn$ verifying license tax upplicationu and process±hq the informa- investigation of th~ taxpayer' s books and rccordu to be made revenue is author~ze~ to summ~on su:h parson before him and requif~ th~ production of all his book~ and papers which will further such ~nvestlgat~on and sha~l also be autho/ized ~o make such ~urther investigation and examination as he may Sec. 12-30. Assessment of additional If the commissioner of the revenue ascertains that any person has been regularly aa~csaed with a license ta~ levied in ~8-7~8 this chapter for any license tax year et the three {3) license tax years last past or for the then-current license tax year, but that upon a correct audit and computation of the lloense tax the a~ses~ment thereof ~hould have been in an amouDt, and the assessment of the !~cense tax in the lesser amount was not due to the intent to evade taxe~ on the part of the person or the failure of ~he person, to file a proper return, then the cemmissfoner of the revenue shall assess the taxpayer with th~ addi~ionnl licens~ tax er taxem found to be dne~ without any penalty Qr interest. ~i the commissioner of r~venue de~erminss that the assessment of the license tax in the lemser amount was due to the in~ent to evade taxes on the part of ~he person or the failure o~ the psrmen, to file a proper ret~r~, the commissioner of revenue shall assess the taxpayer with a penalty and interest as provided in 12-31 in addition £o th~ add~tlonal tax. If the aaaessment the additional tax, and penalty and interest if applicable, be not paid into th~ county treasury within thirty (30~ days after the date Of assessment, inteEe~t at the rate of ten centum per annum shall accrue tkereon from the ~ate Of e~ch Sec. 12-31. Assessment of emitted tax. person has not been assessed with a license tax levied in this chapter ~or any license tax year of the thr~ {3} license tax failure of the person, to ~ile a proper return, the eom- ten (10) per centum of =he license tax and interest on the tax and penalty at ten (lO} p~r centum per ann~ from the ~irst day the assessment ~hall bear a~ditlcnal interest o~ t_he full amount o~ teE, and penalty and interest if applicable, at the rate of t~n (10) per oentum per annum from th~ da~e of ment until paid. action o~ the ¢ommissionez of the revenue may apply to the within the time and in the manner provided by general law. sec. 12-33, License inspector.' The license inspector is authorized to enforce the pre- liable for payment of any l~cense ta~ levied by the 1956, as amen~e~ by chspter 4~0, AOtE of Assembly, 1962~ and under the provisions of thi~ =hapter; and they shall exercise all the powers and anthority of police officers in p~rforming 88-769 ~p~ctof shall ascertain the name o£ each ps;eon engaged in conducting eny business, occupation or ~rofeuuion in the county who has not obtained a license therefor and the name of each person having a coin-operated machine who has not obtained license therefor as required by ~his chapter. The license inspector or deputy license inspector may i~ue a ~UmmOaS Or have a warrant of arrest issued for any such person, charging him with a violation of the provi~ion~ of this chapter and may person in the manner provided by law. He shall return the original to the general dis=rich court with the matter and time ~9c. 12-34. Tins and ta~ ~revided: displaF of tins and tugs. The coz~iusion=r of the revenue shall provide annually be used as evidenc~ of payment of the license tax prescribed for peddl~rs~ and refuse collectors. Sec. 12-Z~. Reserved Sec. 12-36. Fee for renewal of lest er mutilaeed tin or For each renewal ti~ or tag~ whee the original has been lout er mutilated, the applicant shall 9ay five dollars. Sec. 12-37. Transferability c~ t~ns ~nd No license tin or ~ag shall be txaaafcrrcd from o~e to another. Artlcle II. Re~eale~. Sec. 12-~8. Reserved. Repealed by omdinanee adop=sd 10-13-82. /~-ticlc III. Personal Services. Sec. 12-39. Enumerated; amount of license tax. Every per,on engaged in one or mere' of the following businesses sha!~ pay a license tax equal to ten dollars for all g~o~ r~ceipts below five thousand dollars and thirty-six hundredths of one per cent%l~ of the gros.s receipts above five thousand dollars for the businesses conducted Dy him as follows~ (a) An airport, a barbs;ship, public Docle o~ baths, a ~eauty parlor, a blacksmith or ferric; business, a bowling alley, a billiard, pool or bagatelle parlor, a boat landing or boat baslu~ a cemetery, a chartered club, an impoundment lo=, a hair dre~ing establishment, a motion picture theatre, a press clipping service~ a public skuting rink, a theatre. (b~ The business of: Addressing letters or envelope~, advertising agents and agencies, protective agents or agencies, installers cf burglar alarms, agent~ finding tenants for and renting rooms, b~{ldings, houses, and apartments~ hicket~ transportatiom, travel and tour agents er brokers, furnishing ambulance ~erv{ce, operating an analytical laboratofy~ artist's repreuen- retire, booking agent or concert manager, preparing bodies for burial, a boiler shop and machine shop, chicken hatchery, cleaning the outside of buildings, furnishing business research tab~shmsnt Or b~re~u, furnishing detective service, furnishing clean diapers, an embalmer, operating an engineering labora- tory, operating a frozen food locker plant, conducting funs;- 88-770 als, cleaning furnaces, boarding or keeping ho~ses or mnles~ furnishing house clea~in~ service, furnishing janitorial service, operating a kennel or small animal hospital, supplying clean linen, towels, work clothes, coats, apron~r loeksmltk, manicurist, a massage practitioner, furnishing messenger service, except telephone or telegraph m~$$eng~r service, cleaning, maintaining and repairing motor vehicles~ repair shop, towing motor vehicles, nurses' registry, packing, crating, ~hipping~ cutting, hauling~ or moving goods or chattels for others, a parking lot for the storage of or parking of vehicle~ or other pexsonal property, a photographer, physician's registry, picture framing er gilding, plating metals or any other materials, operating a reducing salon or health club, renting any kind of tangible personal property, operating a scalp treating establishment, furnishing statisti- cal service, stevedoring, furnishing domestic or clerical help, labor Or employment. (c} Repairing, ~unovating or servicing any personal property. (d) Repairing or servising septic tanks or septic systems. (e) Warehouse for storage of any p~r~onal property or inventory, talephone answering service, telephone ~anitizinq service, an undertaker, renting or furnishing ~utomatic washing machines, cleaning w~ndows, letter writing. ('f} Canvassers, other than those working on a salary or wag~ basis as employ~ Of p-rsons ~uly licensed under this section; publishers of county or city directories; e~erator~ of pa$$euge~ motor bus t~z]nlaals; renting or furnishing horse~ or ponies for riding within a limited area, field, park or other ~nclosure; manu~acturing and bottlinq soft drinks, minerals si aerated water; pawnbrokers and pawnshops. (g) Ambulance service, book binding, dab-care oente~, duplication service, nursing home, h0me$ for The elderly, sanitarium, hospital, supplier of cable TV o~ sound track ~u~ie, prin~ing, publi~ motor risk (go-cart or motorcycle), refuse service (hauling). (h) Any person an~aged in any ps~sonal service not othe~wis~ licensed under this chap=er, where the service is rendered for compensation either upon or for pcrson~, animals or personal e~ieota. (i~ Every individual who alone and not in combination or association with any other entity, tutors anothe~ individual on a One-to-one basis in any academic subject or music, dance er art shall be exempt from the license tax levied by this sectlsn. (j) Any person engaged in any ~usinesa service no= otherwise licensed under this chapter whar~ the serv$ce is rendered for uamp~naatlon ~ither upon or for any business, trade, occupation or governmental agency. (k) Rvery person engaged in the busine~ of providing protective services shall b~ exempt from the duty to apply for a business license or pay such lieen~ ta~ if the gxo~s receipts for such services does not exceed ten thoUSand dollars ($10~000.00) during each t~xable year. (1) ~very persQn who operates a hotel, motel, ms,or lodge, auto court, teeuigt ¢o~t~ travel trailur park, lodging house, rooming house and boarding house shall pay ~he license tax provided in this section. 88-771 Sec. 12-39.1. Flea market and craft shows. (e) Every person engaged i~ the bus'in,ss of organizing, promoting or managing a flea market or craft chow shall obtain a license for th~ privilege of doing such business in the county and shall pay a license tax equal to thirty dollars ($30.D0) er thirty-Six hundredths of ,ne per cent cf the total gross receipts from all sales of goods or merchandise sold by individuals participating in such flea market er craft shew, whichever is greeter. sec. 12-40. Dr~ pleaninqand laundry eetabliehments. (a) Every person engaged in the business of cleaning, washing, dyeing, pressing, repairing, sponging or spotting clothes, hats, carpets, rug~ or o+3a~f fabric artlclect in- cluding laundries, ~hall pay a license tax equal to ten dollars ($10.00) or thirty-six hundredths of one per centum of gross ego Sec. 12-41. Nonprofit cema=eries' exempt~ oompu=atien of gross receipts of other cemeteries.' Cemeteries operating ~a ~ nonprofit corporation add, if stock corperaticn, the stock of which is, by the provision of the charter of such cerDoration an~ in actualiay, nondivi~end paying, shall be exempt from the provisions of this article. Th~ gro~s receipts of a cemetery shall exalude th~ amounts received from ~he sale of burial lots, seo. 12-43. same-Real aerate a~ent. A real eutate agent shall exclude from hi~ gross denting business with respect to real ~state belonging to such from the busine~ o~ lending money belonging tO ~uch person. Se~. 12-44. Same-Undsreak~r, etc. Every per,on engaged in th~ b=siness of preparing bodies for burial, embalming, conducting funerals~ or engaging in the b~siness of aD undertaker, shall be allowed to deduct from the gross receipts of the business all payment~ made on account his customers or clients; provided, ~ha~ no such item shall deducted with respect to which the taxpayer has received or profit whatsoever. Sec. 12-45. Reserved. see. 12-46, Additional license~. The license taxes prescribed in this chapter shall be in a~ditioa to tAe license taxes presuribed elsewhere in this Code. Sec. 12-47. Reserved. Sec. 12-48. Reserved. ~8-772 Articl~ IV. Professional services. See. 12-49. Enumerated; amount of license tax. Every per,on engaged in one or more o~ the following businesses or professions and having an office Or place of business in the county shall pay a license tax squat to twenty dollars for all gros~ receipts below three theusand, four hundred fifty dollars and fifty-sight hundredths of one per centum of the gross receipts above three thousand, four hundred fifty dollars of tbs one or more businesses or prefeszion~ conducted by him as follows: (a) An accountant, certified public accountant, an appraiser er evaluator 0~ real estate for others for comp~n~a- public bookkeeper, a buyer of installment receivables, ceramic engineer, a chattel Or real estate mo!tgage flnanci~r, a chem±cal engineer, a chsmist, a chiropodist, a ohi~oDract0r, a civil enqineer~ a claims adjuster, a coal mining engineer, a collection agent er agency, a common crier, a c~mputer ad- service~ a credit union, a den%dst, a doctor of medicine, restorer, a financier of accounts receivable, a ~urnlsher Of plans or specificati~hs' 'for the erection or improvement of buildings ur a person employed in a consultinq capacity in connection wihh an afehltect, a credit bureau, a furnisher of data processing services, an electrolymist, an electrical engineer, escrow agent, a financial planner~ financial serviee~, a geologist, a heating and ~entilating engineer, a highway engineer, a homeopathiet, an industrial engineer, an industrial loan Company, an installment financier, an inventory consultant, a landscape architect, gardener, arbori~ulturist or agency er agent, a merchandise broker, a metallurgi~t~ a mining attorney or patent agent, a photostater, a physician, a physic- therapist, a .professional ~nglneer, . a public relations counselor, e furnisher of publicity service, a radio a railway engineer, real estate hroker~ (including the gross manag~r~, a ceurt reporter er stenographer, a refrigerating agency, a sanitary engineer, a security and commodity broker~ a vet~rlnari~n~ a working capital financier, an appraiser or eval~at©r of personal property or damage 'to the e~me, coi~mereial art and sign service and 'any person rendering a investment company, a broker or dealer in securities and commodities or a security or commodity exchange. [b) Any person en~aged in a pro~e$$ional service not etherwisa license~ un,er th~s chapter, so long as the person is engaged in any occupation or vocation in which a professed knowledge o~ some area of science or learning, gained by a prolonged course of specialized experience, i~stru~tion or 8~-773 Sec. 12-50. Auctioneer's license--Not, required by real estate agent or broker generally; fee for itinerant. NO auctioneer's license shall be required cf persons however, that every person who does not keep a rsgular place of business in the county who shall offer real estate for sale at shall pay a license tax equal to tkree hundred dollars. Sec. 12-51. Reserved. Sec. 12-52. Sade--Sales of certain articles during certain hours prohibited. Ne p~rson licensed as provided in this article shall uell at auction, from the first day of April until the thi~tietk day and 8:00 A.R., nar from the first day of 0uteber until the thirty-first day of March, both inclusive, between the hours o~ 6:00 P.M. and 8:00 A.M. any jewelry, diamond or ether precio~ stone, watch, clock, gold or silverware, gold or silver-plated lains, chinaware, pictures, p~imtiDgs, brio-a-brae or articles of virtu, Sec. 12-54. Certificates of examination and registration prerequisite to issuance of certain ~rofessienal.~genses. No person ~ngaged i~ the practice of medicine, homeopathy, engineering, civil engineering, highway ~ngineering, sanitary engineering or any othe~ profession which requires a certifi- cate of registration and examination under the provisions of th~ Codz Of Virginia shall apply for a license under ~his chapter unless much person has been issued such certificate, furnishes evidence to the ccr~%iasie~er of the ~evenue that he has properly registered and has in effect a current rcgiutra- tlon as required ky state law. ~or st~e law as to alcoholic beverages g~n~rally, see Cede of Va,~ Sections 4-1 to 4-98. As tc local licenses and Divition l. ~enerally. Sec. 12-56. Definitions. The following terms whene~er used or rufer~ed to in this article shall be defined as ~e~ine~ in the virqinia Alcohol Beverage Control Act: (a) Alcohol (b) AlcoholiG to) Beer (d) Bottle Clu~ (f) Druggist (g) Hotel 88-774 (h) Sale and sell {i) Spirits Sec. 12-56.1. License required. ~ach parson who shall engage in the bu~ine~ of manu- facturinq? bottling, Or retailinq alcoholic beveragas shall ab%aim =ha license hareinafter mor~ spe=ifically prescribed and shall pay therefor the license taxe~ herslnafter assessed. Sec. 12-59. Sec. 12-61. o o o e o o e o o See. 12-67. Restaur~uts--Amcent of license tax. (a) Every parson ~ngaged in tbs bu~ine~ of opera=lng upexatsd by hotels or metals, and ~rving mixed alcoholic beverages and licensed undez Chapter 1.1 of Titl~ 4 o~ the Code of Virginia, shall pay an annual license tax as follcw~: Article Division 1. Amusement ~axks, Gardens or Buildings, Fie14s an~ ~arks, Coliseums, Au~itoriumm''~ N~ht Sec. 12~70. Tax on owner and Every per,on owning and aDs,sting an amusement park, garden, athletic field or park, colise~ and a~di=orium devoted tQ g~nural ~usement and entertainment which is open to where a motion picture', ball,t, p~ay, dry, l~uture, mono- wher~ there is operated an 'aggregation of fenxis wheels, charged or for which compensation i~ in any manner received there shall be a licmnsm =ax of twenty hnndr~d~hs of one per c~n~ of the gross receipts. Sec. 12-71. Tax on promoter a public dance shall pay a license ta~ of twenty hundredths ~g-775 Sec. 12~72. Payments to charity deductible from grass receipts under the two preceding sections es is paid by the te×pa~er directly to a religious, charitable or benevolent organization as a contribution to that organization for the privilege of uulng its name and not as reimbursement to that organization of an expense in connection with the business license hereunder ~hall be deducted from the gross receipts er charges in computing the basis for license t&xe~ under %he two preceding sections. sec. 12-77. Same--sand. shall be issued %herefor, if a license is reguired, the person operating it shall deposit with the treasurer a sum cf money or in lieu thereof a bond wish corporate ~rety or a letter of credit conditioned Upon the faithful compliance with the preceding section and in form approved by the county attorney sufficient to Gove~ the license tax required to be collected~ which money or bonds shall be security for tke paymen~ to the or transient operation in the county. If such person ~hall fail within five days from the termination of the operation of assess such person wi~_h the taxes computed upon ~he basis cf bond and by every ether lawful means. Sec. 12-81. Use ~ermit required. No license shall be granted under the provisions of thi~ division for an amusamenu until the let to h~ u~d fO~ the exhibition or ~how shall have been ~iven a u~e permit by the board of zoning appeals Or the board of supervisors to the owner of such lot for the purpose of ~se by a carnival, circus, circus menagerie, wild wee%, trained animai~ dog~ pony or like show. Soc. 12-82. D~posit to,insure cleaning premises. ~o license sh,ll be granted under this division until the operator of such carnivsl, circus, circus ~enagerie, wild westr trained animal,' dog, pony or llke show shall have ~eposited with the treasurer sufficient funds in United States currency as determined by %he county's director of general services, to be used by the COUnty %o clean and put in order the lo% or street occupied by the carnival, uircua, circus menagerie, wild west, trained unimat, dog, pony or like show after it has_mQ3ed or to be returned to the person when the tot or street has bsen cleaned and put in order by the person in a manner satisfactory O O O eeo. 12-94. Reserved. 88-776 Sec. 12-98. Deduction of receipts tn×ed by another oily, town contractor, plumbing or steamfitting contractor or building wrecker whose principal office or branch office is located in the county, there shell be ~xemp% from the basis of taxation the amount of business done in any other city, town or county upon which a local licens~ tax has been assessed as provided in =he Code cf virginia, section 58.1-3715. sec. 12-104. Reserved. sec. 12-105, Reserved. sec. 12-106. Reserved. Sec. 12-107. Reserved. See. 12-108. Reserved. sec. 12-189. Reserved. 0 O 0 Sec. 12-t16. Cor~u~ission m~rchants. Every person who receive~ or distributes food products, COttOn, flour, hay, ~rain, provisions, dry goods, merchandise~ or other commodities shipp~ tc hi~ for ~istributlon on account of th~ shipper, who participates in thc profits ensuing from or accruing out of the sale of such commodities or who invoices such sales or ~Q~lecta money ~herefor, every per,on buyin~ or s~lling for another any kln~ of merchandise or co~odlties, on co~isslcn, except asscciation~ Or organizations of farmers for mutual help in the marketing of their produce and no~ for profit and every permOn who sells any personal p~operty which may be left with or consigned to him for sale O~ commission shell pay a license tax equal to twenty dollars ($20.0~) for all gross commissiee below ~ive thousand five hundred ~ifty-s~x dollars {$S,556.00), and thirty-six hundredths of one per eentum of the gross co--lesion of the business a~ove f~ve thousand five hundred and fifty-six dollars ($5,556.00). Sec. 12-t18. Amount of license tax. For every license issued to a person engege~ in the business of a retail me,chant, th~ amount of license tax to be paid ther=f0r shall be equal to ten d0~lers ($I0.00) for all gross receipts below five thousand dollars ($5,000~00) and twenty hundredths of one per centum of the g~o~s receipts of the business in e~cees of five thousand dollars sec. 12-119. A~lisabilit¥ of ~ivision to manufacturers. If e ~anufecturer desires to sell at th= place of manu- facture at retail only and not for resale the goods~, wares and ~srohand~se manufactured by him~ then such manufacturer must take out a retail merchant's license. When a manufacturer establishes a place or store for the sale of his goods, wares and merchandise, ~t re%ail only and no% for resale, the gross receipts cf the business shall include not only the amount of ~ales ~aOe hy such manufacturer of goods, wares an~ merchandise purchased from others, bat also the q~ess receipts from the ~=le~ cf the goods, wares and merchandise manufactured by him and sold at re%ail;'and he i~ required to report as hereinafter provided, not only the ~/~cunt of ~ales cf ~oods~ wares and merchandise purchased by him from others and sold, but also 88-777 amount cf sales of gouda, wares and merchandise manufactured by him either within or without the county and offered for sale by him and sold at his slate or definite place in this ¢©uuty. KD o o Sec. 12-121. COmputation of license for beqinnsr. FOr the purpose of ascertaining the tax to be paid by a retail merchant beginning business, ha shall estimate the gross f~ceipts of the business which he will receive between th~ date of beginning business and the end of the then current license year, including an estimate of the sale~ of good~, ware~ and merchandise manufactured by him to be offered for sale at the place at which he conducts his business a~ a retail merchant; an~ his ~eginnar~s tax shall be computed on the basi~ of his gross receipts so ascertained eub3eot to correction after the close of ~he license year upon the basis of his actual sales. Sec. 12-122. Reserved. See. 12-123. Special licenEe for cloEinq-out bu~inEse. If, after the close of the yeah for which the license is i~ed~ ~h~ retail merchant, elects no~ to renew it but desires the privilege to sell whateve~ goeds~ wares and merchandise he may have on hand at ~he time, it may be lawful for him to do se upon obtaining a license and the pa~ment of a license tax therefor measured by the retail sale value of such goods, wares and merchandise, which'value he shall estimate and report to the commissioner of the revenue; provided, however, that no additional purchases are made and added to th~ qood~, wares and merchandise on hand aftem the estimate has been made; and, provided further, that no such license sha~l he assigned or transferred. Sec. 12-128. Amount cf tax, For every license issued to a person engaged in business ufa wholesale merchant the =mount of license tax to be paid therefor shall be equal to twenty-five dollar~ on the amount of ~urohase~ up to~ $25,000 tSrougheut ~e preceding calendar year and ten cents on every one hundred do~lars of the amount of purchases throughout tis preceding calendar year. Sec. 12-129. "Purchases" defined. The word "purchases" as used in this division shall be construed to include all goods, wares and menchandise received for sale a= each defini~s place of buEineas of avery wholesale merchant. All goods, wares and merchandise manufactured by a wholesale merchant and sold or offere~ for sale as ~archandise shall be considered as purchases within the meaning of this Section; provided, that this section shall not be construed to apply to manufacturers who Offer for Sale a~ whole~al~ at the place of manufacture goods~ war~s and merchandise ~anufactured by them, but such manufacturer may, without a wholesale menchant's license~ sell at the place Of manufacture the qood~, wares and merchandise manufactured by him. If a manufacturer desires to sell at a definite place or score, other than the place of man~faoture, to others for r~sale or ~o institutional, cemm%rcial er industrial users the qood~, wares and merchandise manufactured By him, then such manufacturer must tak~ out a wholesale merehant'E license. When a manufacturer establishes a place or stere for the sale of his goods, ware~ and merchandise, other than at his place of manufacture, to others for resale, the amount of the license tax is ~o bm measured not only by the ~/dount of purchases made by such manufacturer fDom others, if any~ but also by =he goods, wares and merchandise manufactured by him and sent from the place of manufacture to his store ~or sale, if any; and he is required to report, as hereinafter provided, not only th~ amount of ~oods, wares and merchandise purchased by him from others and offered for resale, but also 'the amount of goods, wares and msrchandlse manufactured by him either within or without the county and offered for ~ale hy him at his store or definite place in this county, other than the place of manufacture. The word "purchases" as used in this division in relation to the purchase price of goods, wares and merchandise sold by a manufacturer at a place of business other than ths place of manufacture shall be the cost of manufacturing s~ch goods, wares and merchandise together with the factory mark-up and overhead. Sec. 12-132. Computation of tax for beginner or person ac% in business for full.pr~cedin~ year. a wholesale merchant beginning busln~ss, his purchases $hall be oonsidsred to be the amount of goods, wares and merchandise bought to conmx~nce business with, includi~g qoo~s, wares and merchandise manufactured by him tc b~ offered for sal~ at ~h~ place at which he conducts his business as a wholesale merchant, provided such place i~ not the place of mnnufacture~ also including an e~timate of purchases which the wholesale merchant will make between the date of beginning bu~ines~ amd the ~nd of ~he Current llcenme year and including an eztimat~ of the amount cf qoods~ wares and merchandise man,lectured by him to h~ offered for ~ale ~t the place a~ which he conducts his buslne~s ae a whole,ale merchant, provided such place is not the place of manufacture; and his beginner's license tax shall be computed upon the basis of the purchases so ascertained subject %o correction a£~er =he close of the year upon the basis of his actual purchases. Sec. 12-136. Reserved. Sec. 12-162. Reserved. o 0 o o o o Division 1. Generally ~ec. ~1~9. Repealed by ordinance adopted 9-12-84, S~ctien 2. ~eo. 1Z-170. Report cf sales. Any person engaged in the business of selling pistols and revolvers ~o the public shall furnish the ulerk of the circuit court of the county, within ten (10) days after sale of such weapon, with the name and address of the purchaser, the data of purchase, and the number, make and caliber of the weapon sold. The clerk ~hall k~p a rs~ord of the reports. See. 12-171. Definitions. The following words and phrases, when u~d in this divi- sion, shall have the meanings respectively ascribed to them in this section: Air qun. Any gum, rifle or pistelr by whatever name known, which is d~signed to expel a prcje~tile by the action of 88-779 compressed air or gas, or by the action of a spring or elastic> hut does not mean a firearm. Deale~. Any person engaged in the business oK selling, renting, l~nding or otherwise transferring &irgun$, pro- jectiles, pistols, revolvers or rifles. Minor. Any person under the age of eighteen (18} years. ~rojectile. A fired, thrown or Otherwise projected object, such as a bullet, having no capacity for ~elf ~ropu~ion. Secs. 12-172-12.t75. Repealed by ordinance adopted Section Z. Sec. 12-I75. Minors-D__~p~ ~tc., not to sell ets. It shall be unlawful for any licensed ~aler to sell, len~, rent or otherwise transfer an air gun or projectiles therefor to any person whom the dealer knows or has reasonable cause to believe ~e baa minor. Sec. 12-177. Snme-~iving, lending, =Cc., to. It shall be unlawful for any person to give, sell, rent er otherwise transfer any air gun or projectile~ therefore to a minor, except wherm the relationship c~ parent or ckild, guardian and ward or ~dult instructor and pupil exists-between such person and the minor. Sec, 12~179, Reserved, 13. EEW ~USINESS 13.A. BUILDING APPROPRIATION FOR RICHMOND REGIONAL PLANNING DISTRICT CO~MISSION There was discussion relative to the source e~ funding for the Richm~n~ Regional Planning Distric~ Commission building; th~ use of General Fund Balance monies for this project; the County's policy ~or retaining 5% of the General Fun~ Balanue to maintain its bond rating; all member jurisdictions con{tiberius their proportionate ~har~ toward the building asgui~itien, ets. Mr. sullivan objected ~o the e~penditure of the General Fund Balance for this project, stating he felt the Board was resDenmible for ensuring that the County's bond rat~n~ was not adversely affected ~y ~xcesslv~ r~ductlon tO %h±s account. On motion of Mr, Daniel, ~eeond~d by Mr~ Currin, the Board appropriated $205,049.78 from the General Fund Balance as Che~t~r£1el~ County's pro rata share oi the cos% to ~cquire an office b~ilding currently under negotiation for the Richmond Regional Planning District Commission contingent upon all member jurisdictions contributing their proportionate share ~ewar~ ~his aequisiuion. Vote= UnanLmous 13.C. APPROPRIATION OF PUNDS FOR ADDITIONAL COMPENSATION OF POLL WORKERS Mr, Ha~mer introduced MS. Gilley Bland~ Regi~trar~ who pre- gented a brief overview of the request to approve the ap- prupriat£on of funds for the additional compensation o~ poll Mr. S~llivan expressed concern regarding further r~uctions iD the General Fund Balance for this project, 9tared ha felt the Board had to ensure that the Ccunty'~ bond rating was not adversely affected by reducing the General Fnnd Balance, stated he felt this involved bsing competitive with nsighboring jurisdictions and was not sufficient justification for approving the expenditure of these ~unds. Mr. Currin agreed the ~oard should be cautious regarding the expenditure of County funds; however, h~ felt thes~ workers deserved adequate compensation for th~ service they provide. On motion of ~r. Ceftin, se0onded by ~r. Mayas, the Board appropriated $5,500 from the General Fund Balauoe =o the County Registrar for ~he purpose of increasing the compensation from $68 to $8~ for chief election official~ and $~ to ~65 for election workers. Ayes: Mr. Applegate, Mr. Curt±n, Mr. Daniel and ~r. Mayas. Nays: Mr. Sullivan. 13.D. SCHOOL BOARD PARTICIPATION IN THE 1988-89 GOV~PJ~OR'S EDUCATIONAL TEChnOLOGY I~ITIATIVE There w~ 4iscussien relative to the funding sourss for S~hool Board participation in the 1988-89 Governor's Educational Technology Initiative; how %he program is to be funded if the State did not fund the pay-o~t of the debt, etc. Mr. Daniel requested that the School Superintendent forward'to 'the Board a letter of assurance stating how the School Doar~ will accomplish internal adjusem~nts in its budget if the 9tat~ were not to fund the payment ~f d~bt for the program. On marion of Mr. Mayas, seconded by Mr. Daniel, t~e Board adopted the following resolution: WHEREAS, the Chesterfield County Board of Supervisors recognise~ the ne~d to expand learning experiences now ~vail- able ~hreugh technology to stu~$nts in the Chesterfield County School Division~ and WHEREAS, tl~e Chemterfield County ~ehool Board is eligible for appMoximately $352,~0 in subsidised technological equip- ment through th~ Governor's ~ducational Technology Initiative Procurement and Financing Program; end WHEREAS; ~he Governor's Educational Technology Inltia~ive ~rocurement and Financing Program provides a vehicle for the purchase and financing of mi~COmpu%~rs, satellite and associated equipment at = ~ubstantial savings to participating localities; and WHEREAS, =he Chesterfield County School Board has qusst~d the approval of She chesterfield County ~oard of Supervisors to participate in this program. NOW~ TBEt~EFORE, ~ IT RESOLVED, by the Chesterfield County soard of supervisors that it ~oes hsreby authorize participa- tion in th~ Govmrnor's ~ducatlona~ T~¢hnolcgy ~nitlativs Procurement and Financing ~roqram for the purchase and fi~c- ins of approximately $352,200 of mub~idy eligible equipment; and BE IT FURTHER R~$OLVED, tha~ tho County Administrator is hsreby authorised to transmit the Msmoran~u~ of Agreement to th~ Depart-~snt of Education on behalf of this Boa~d. 88-781 19.~. ~T DAT~ FC~ PUBLIC ~EAKIMGS 13,B.l. TO CON~ID~ AN ORDI~AHCE A~B~IDING THE CODB OF THE COUNTY OF CMESTEP~IELD, 1978r AS AMENDED~ BY AMENDING S~CTIO~ ~-26{d) AND A~DIHG S~CTIONS 5-26(fl and 5-26(~) RELATING TO RABIES CONTROL A~ID RABID ANIMALS On motion of Mr. Daniel, seconded by Mr. Mayas, th~ Board adopted the following ordinance On an emergency basis and set the date of November ]3, 19S~, at 9:00 a.m., fox ~ public hearing to consider said ordinance on a pe~an~nt ~ O~ ~ ~ 'x~ CODE OF 'r~ ~ 5-26 (~) ~TING ~ ~IES CO~ROL ~ County ~ (1) That the Code of the County of chesterfield, ~nded~ is ~ended by ~ending Section 5-26(d) and adding Sections 5-26(f) and S~26(g} as follows: (d) Any d~g or ca= ~xpo~ed to rabi~ through a bit~, or through ~aliva of central nervous system tlssue, in a fresh eden wound or m~cous me~rane by ~an animal believed to be fined in a Dound, k~nnel or enclosure approved by the. county health depar~ent for a:period no~ ~0 e~ceed Six (6) the e~pense o~ ~e owner, at a co~t of one dollar ($1.00) per frost open wound or mucous, memb=a~e ha~ proof of a valid vaccination, the ~og or cat shall be revaccinated and confined to the premises of ~he owner for ninety (90) day=. (f) When any animal,, other than a dog or cat, exposes a person to rabies through a bite', or thorough ~aliva or c~ntral membrane, that animal shall bo confided at the ~i~creeion of a s~a~ uon~olldated laboratory for (~) · When any animal, Other ~an a do~ or ca~, %o rabie~ through a bit~, or through ¢aliva or can%tel n~rvou~ h~anely eukhanile~. 13.B.2. TO CON~ID~R AN ORD~NANC~ TO A~L~HD YRE COD~ OF COUNTY OF CHESTERFIELD~ ~978~ AS A~4ENDEDn BY AMENDING SECTION 21-202 I~LATING TO THE ~t~ESERVATION COMMITT~ On motion o! Mr. Daniel, seconded by Xr. Mayas, the Board forwarded an o~dinanCe tS a~nd the Cod~ of the County of Chssterfield, 1978, as amended, by amending Ssstinn 21-202 relating to the Preservation Committee to the ~lannlng Com- as soon as possible thsreafter to tnt Scard of Supervisors for consideration. Vote: Unanimous 13.~.3. TO CONSIDER TEE CONVEYANCE OF A LEASE OF tLEAL PROPERTY AT TNE CHESTERFIELD COUNTY AIR~0RT FOR OPERATION OP THE AIRPORT RESTAURANT BY THE VIRGINIA CULINARy GROUP, INC. On motion of Mr. Sullivan, seconded by Mr. Coffin, the Board set the date ~f November 9, 1988, et 7;00 p.m., for a public hearing to eon~ider thc conveyance of a lease of real property at th~ Chesterfield County Airport to the Virginia Culinary Group, Inc., for operatio~ of the Airport Restaurant. Vote= Unanimous 13.F. CONSENT ITEMS 13.F.1. STATE ROAD ACCEPTANC~ REVISION This day th~ County E~vlrenmental ~nginner, in accordance with directions from this Board, mad= report in wriflng upon hi~ examination of Ashbrook Parkway, Offshore Drive, ~elmsman Court~ Inlet Court~ Midship Woods Court and Broadreach Driv~ Ashbreok, Section 1, Matoaca District. UpOn consld~ration whereof, and on motion of Mr. Mayes, seconded hy Mr. Daniel, it is r~solve~ that Ashbreek Parkway, Offshore Drive, ~elmsman Court, Inlet Conrt, Mid~hip Wood~ Court and Broadreach Drive i~ k~hbrook, Section 1, Matoaoa District, be and they hereby are established as public roads. And be it further resolved, tha~ the Virginia Department of Transportation, be and it hereby is r~olved Parkway, beginning a~ the western end of existin~ AShbrock Parkway, State Route number unassigned, in e~isting Ashlake Parkway an~ gning westerly 0.07 mile to the intersection with Offshore Drive, then centinuing w~terly 0.0~ mile ~o end in a ~ea~ ~n~; Offshore Drive, beginning at the intersection with Ashhrouk Parkway and going seutherly 0.10 mile %e =h~ inter- section with ~elmsman Court, then continuing southerly 0.04 mil~ to th~ int~f~e¢%iou with Inle~ Court, then continuing southerly 0.98 mile to the intersection with Midship Woods Court, then continuing southerly 0.11 mile to end in a temporary turnaround; Helmsman Court, beqinning at the inter- section with 0~fshore Drive and going northeasterly ~.06 mile to end in a cul-de-sac~ Inlet Court, beginning at the in, er- section with Offshore Drive and going northwesterly 0.08 mile to end in a cul-de-sac~ Midship Weeds Court, beginning at the intersection with Offshore Driv~ and going southerly 0.07 mile to end in a cul-de-sac; an~ Broadruach Drive, beginning at going ~outherly 0.11 mile to end in a temporary turn,round. This requ=st iu inclusiv~ of the mdjacent slope, sight distance and designated virginia Depart.~ent of Transportation drainage These roads serve 84 lots. And be it further resolved, that th~ Board of Supervisors ~uarantees to the Virginia Department of Tran~portatlon a right-of-way for all cf these .roads except Inle~ Court and Midship Woods Court which have a 40' right-of-way, and Ashbrook B&Ykway which has a 90' right-of-way. This Section of Ashbrook is recorded as foIlows~ Section 1, Plat BOOk ~0, Page 16, duly 23, 19~. 88-783 Vote~ ~nenimon~ 13.F.2. STATE ROAD ACCEPTANCE Thio day ~he County Environmental Engineer, in accordance with directions from this Boar~, ma~e re,crt in writing upon his examination of Newby's Wood Trall and Berry Patch Driv~ in ~ewby'a Wood, Section ~, Clover Bill District. Upon consideration wheroo~, and on Notion of Mr. Mayer, seconded by Mr. Daniel, it i$ r~$olved that Newby's Wood Trail and Berry Patch Drive in Newby'a Woods, Section B, Clover Hill District, b~ and they hsrTby are established as public roads. And bs it further resolved, that the Virginia b~psr~ment of Transportation, be and it hereby is requested to take into the Secondary System, Newby's Wood Trail, beginning at existing Newby's Weed Trail, State Route 3685, and going northerly 0.13 mile to the intersection wi~h Berry Patch D~ive, ~hen continuing northerly 0.02 mile to tie into propeeed Newby'a WOOd Trail, Newby's Wood, Sectio~ C; and Sorry ~a=cA Drive, beqinning at the intersection with Hewby's Wood Trail and going north~a~t~ly0.1~ mile to end in a cul-de-sac. Thi~ request is inclusive of the adjacent slope, sight distance and designated Virginia Department of Transportation drainage And be it further resolved, that the Board of Supervisors right-of-way for all of these roads. This section of Newby~s Wood is recorded a~ follow~= Section B. Plat Book 53~ Page 23, dune 18, 1986. This day the County ~nvirnnmental Engineer, in accordance with directions from this Board, made r~port in writing upon hi~ examination of Darcy Lane and Darcy Court in Old Creek Wsst, Section 7 end's portion of Old Creek Was%, E~ction 6, Clov~r Hill and Dale Distrist~. Upon consideration wherso~, and on motion of Hr. Mayss, seconded by Mr. Daniel, it is resolved that Dercy Lane and Darcy Court in Old Creek West, section 7 and a ~ortien of old Creek West, Section 6, Clov~r Hill and Dale District$, be and they hereby are established as p~blic road~. And be it ~urther resolved, that the Virginia Department of Secondary Syatem~ Daecy Lane~ beginnin9 at the intersection with existing West Road, State Route S37, and going sogtherly 0.06 mile to the intersection ~ith Percy Court, then continuing southerly ~.06 mile to and at the intersection wi%h existing 01d Creek Road, State Route 2222; and Darcy Court, beginning at the intersection wi~h Daroy L~ne and going easterly 0.04 mile to end in a cul-de-sac. This request is inclusive of the adjacent slope, sight distance and d~signats~ Virginia Department of Transportation dralnags Th~se roads serve I8 lots. m m And be it further resolved, that the Board of ~upervisors ~uarantee~ to the Virginia Department of Transportation a 50' right-of-way for all of these roads. These stations of Old Creek West are recorded a~ follows: Section 7~ ~la% Book 47, Page 78, November 2, 1984. Section 6. ~lat ~ook 43, Page 88, A~gust 31, 1983. Vote: Unanimous This day the County Environmental Enqina~r, in accordance with directions from this Board, made report in writing upon examination of Mason Crest Drive, M~$Qn Run Drive, Mason Run Court and South Run Court in Mason Woods, Seotion B, Dale District. Upon consideration whereof, and on motion of Mr. Mayas, seconded by Mr. Daniel, it is resolved that Mason Crest Drive, Mason Run Drive, Mason Run Court and South R~n Co,r% i~ Mason Woods, Section S, Dale District, be and they hereby are established as public And be it further resolved, that the virginia Department Transportation, be and ~t hereby i~ requested to tak~ into the Secondary System, Mason Cr~st Drive, beginning at the inter- section with Beulah Road~ State Route 6~1, and going north- w~te~ly 0.0~ mile to th~ intersection with Mason Run Drive, then continuing northwesterly 0.06 mile to end in a cul-de-sac~ Meson Run Drive, ~aginning at the intersection with Mason Creat Drive and going northeasterly 0.02 mil~ to tie into proposed Mason Run Drive, Mason Woods, Section C. Again Mason Run Drive# beginning at the i~tereeetion with Mason Cre~t Drive and going southwesterly 0.06 mile to tho intersection with Mason Run Ccurt~ then continuing southwesterly 0.07 mile to the int~r~ection with $0u~h Run Court, then continuing south- westerly 0.Q4 mile to end in a cul-de-sac; Mason Run Court, b~ginning ~t the intersection with Mason Run Drive and going westerly 0.07 mile to end in a cul-de-sac; and South Run Court, b~glnning at the intersection with Mason Run Drive and going northwesterly 0.06 mile to und in a cul-de-sac. This request is inclusive of the adjacent slope, sight distance and designated Virginia Department of Transportation drainage These roads serve 48 lot~. And he it further resolved, that the Board of $~pervisors guarantees to the Virginia Department Of Transportation a 50' Thi~ section of Mason Woods is reoorded as follows: Section B. Plat Book 51, Page 95, January $, Vot~: ~nanimons This day the County Environmental Engineer, in accordance with directions ffo~ this ~oard, made report in writing upon his examination of Walton Bluff Parkway, Lady Ashley Road and Lady Ashley Court in Cedar Crossing, ~idlothian District. Upon consideration whereof, and on motion of Mr. Mayas, ~econded by Mr. Denier, it resolved that Walton Lady Ashley Road and ~ady Ashley Court in Cedar Crossing, Midlothian District, be and they hereby ~re .established as publio roads. And bs it furfher resolved, that tke 'Virginia D~partm~nt of Transportation, be and it hereby is requested to take into the Secondary System, Walton Bluff Parkway, beginning at tke end of existing Walton ~luff Parkway, Stat~ Routs 375~, and going northerly 0.09 mile to the intersection with Lady Ashley Road, then continuin~ northerly 0.02 mil~ to end at proposed Walton Bluff Parkway; Lady A~tle~ Roa~, b~ginning at th9 intersection with Walton Bluff Parkway and going westerly 0.06 mile to the intersection with Lady ~shl~¥ Court, %hsn continuing westerly 0.~9 mile to end at existin~ ~ad~ Ashley Road~ State Route 3883; and Lady A~hley Co, r%, b~g~nn~n~ af th~ interSeCtion with Lady Ashle~ Road and going northerly 8.~8 mile te end in a cuI-de-~ac~ Thi~ x~qu~t is inclusive of %he adjacent slope, sight distance and d~si~nated Virginia D~partment of Transportation And be £~ further resolved, ~hat the soar~ of Supervisors ~narant~s %o the Virginia Department of Transportation a 50' right-of-way for all of these roads ~xcep~ Walton Bluff Parkway which has a 68' right-of-way. Cedar Crossing is recorded a~ Plat Book 53, Page t, May 29, 1986. Vote: Unanimous 13.F.3. REQUESTS FOR BINGO/RAFFLE PERMITS On motion of Mr. M~ye~ ~econded by Mr. Dmni~l, ~h~ Boa~d approved requests for the following organizations bingofraffle p~rmits for the calendar year 1988: Saint Ann's Catholic Church Raffle Hening Athletic A~eociation, Ina. Raffle Vote: Unanimous 13.F.4. REQUEST FOR FIREWORKS DISPLAX PEP.MIT FRO~ INTERNATIONAL ~P©RT$ INCORPORATED O~ motion of Mr. Mayes~ ~econded by Mr. Daniel, the ~o~rd approved a r~q~e~t for a fireworks display permit from Intsr- national Sports Incorporated, operator of the Southslde Speed- way, for a ~ircworks display at the Speedway on Sunday, OC%Ob~r 23~ 1988, between 9~00 p.m. and lO:00 p.m., which display will be staged by Dominion Fireworks, Inc., contingent upon approval display will be in compliance with ehe ~equi~ement~ of the County Fire Prevention Code or does not otherwise present any unreasonable safety hazard. Vot~: Unanimoue lS,F.§. ALLOCATIO~ OF FUMDM FOR PURC~i~ OF ~RR~GATION EQUIPMENT FOR MEADOWBROOK Nigh SCHOOL VARSITM FOOTBALL FIELD On motion of Mr. Mayas, seconded Dy Mr. Daniel, aha Eoard transferred $2~000 from %ha Dala Diet,icl Thr~e Cent Road Fund to the Meadowbrook Bigh School Par~ Bond Account ~or the purchase of irrigation equipment for the Meadowbrook High School varsity football field, whioh ~unds will supplement do~atlons in the amount o£ $2,000 from the ~eadowbreek Athletic A~sociaticn, Vote~ Uaanlmoue 13.G. COMMUNITY DEVELOPMENT ITEMS ]3.G.1. POSITION STATEMENT ON HOUSE JOINT RESOLUTI0~ NO. 125 On motion oi Mr. Sullivan, seconded by Mr. Daniel, the Board m~op~ed the County's position statement on Mouse Joint Resolu- tion No. I25 supporting changes in State legislation which would enable the County to assess developers with 0ffsite road improvements and authori=ed the Chairman of ~he Board, or his designee, to present said statement at a public hearing on October 28, 1988, at 9:30 a.m., in House Room C of the General Assembly Building. tA copy of the Position Statement is filed with the papers of this Board.) VOte: Unanimous 13.G.2. VIRGINIA DEPARTMENT. OF TRANSPORTATION CUT T~ROUGM TRAFFIC PUBLIC HEARING On mo~ien of Mr. Daniel, seconded by Mr. Sullivan, the Board adopted a statement relative to the Virginia Department of Transportatiun's policy regarding cut through traffic and directed the County Administrator to forward sai~ statement to thm Virginia Department of Transportation for inclusion in the public hearing record, ~hich public hearing has been tenta- tively scheduled on October 27, 1988. (A copy of the Statement regarding VDOT's policy on cut through traffic is filed with Vote: Unanimous Rt. Daniel requested that staff notify those individuals who have previously made their concerns relative to cut through traffic in their neighborhood~ known tc the Chesterfield County Board ei Supervimorm of the tentatively scheduled publi~ hearin~ se ~hey may attend to make kheir views known ~o 13.G.3. APPROPR~ATI0~ FOR IMPRO~I~$ ~O PETERSBURG STREET On mokion cf Mr. Ceftin, seconded ~y Mr. eullivan~ the Board appropriated $3~500 from the Bermuda District Three Cent Road Fund and adopted the following resolution: WHEREAS, citi=~ns living alanF Petersburg Strseh have requested the County to repair the pavement om Petersbur~ Street between Daniels street and the c~l-de-sac. exceed $3,500. Vote: Unanimoh~ 13,M. UTILITIES ITEMS 1~.H.1, PUBLIC ~EAgING~ 13.M,l.a. TO CONSIDER 7~I ORDINANCE VACATING A 16 FOOT STORM SEWER EASEMENT AND A t6 FOOT WATER EASEMENT IN HANDEL COURT SUBDIVISION Sale state~ this dat~ and time had been advertised for a 85-757 public hearfng to consider an ordinance requesting the vacation of a 16' storm sewer easement and a 16' water easement in Handel Court Subdivision. NO On~ came forward %o speak in favor of or against the pro- posed ordinance. On motion of ~r. Applegate~ se¢oaded by Mr. Sullivan~ the Board adopted %he following ordinancet A~ ORDINANCE to vacate a 16' stozm sewer easement and a 18' water easement in NandeI Court S~divi~ien, Clovez 8ii1 District, Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in Plat Book 19, Page 53. W~!c~%S, V. C. Adamson, Jr., has petitioned the Board of Supervisors Of Chesterfield County, Virginia tu Vacate a 16' storm sewer easement and a 16' water easement in Handel Court ~ubdivision, Clover Hill District, Chesterfield County, Virginia morn par~i=ularly shown on a plat of record in the Clerk's Office of the Circuit Court of ~aid County in Plat Book 19, Page 53, made by Hremner, Youngblood ~ Sharp, Inc., dated August 17, 1972. The easement~ petitioned to be vacated are muze fully described as follows: ~ 16' storm sewer easement and R 1~' wa~er 'easement in ~andel Court Subdivision, the ~ocatien of which is more fully shown ~n a plat made by Brenner, Younghlood ~ Sharp, Inc., dated August 17, 1972, a copy of ~hich is a~taehe~ hereto and made a part of this WHERRAg~ notice has been given pursuant to Section 1~.1-4~1 of ~he Cods of Virqinla, 1950, as amended, by advertising~ and WHEREAS, no public necessity ~mi~ts for the continuance of the easements sought to ~a vacated. NOW TH~=~OR~, ~ IT ORDAINED BY T~E BOAPJ~ OF SUPERVISORS QF CHESTERFIELD COUNTY, VIRGINIA: That pursuan5 %0 Section 15.1-4~(b) Of the Code of ~irginia, 1950, a~ amended~ the aforesaid easements be and are h~reby vacated. This Ordinance ~hall b~ in full for¢o and effect in accordance with Section 15.1-482{b] of the C~e of Virginia, 1950, as amended, and u certified copy of this ordiaanee, together with %he plat attached hereto ~hall be record®d no econex than thirty days hereafter ia the Clerk's Office of ~he 1~.1-48~ of the Code of Virqinla, 1950, as amended. The sffec= of =his Ordinance pursuant to section 15.l-483 i~ to de~tzoy the force and effect of the recording of the Dot=ion of the plat vacated. This Ordlna~oe shall Year fee ~i~ple title of the easements hereby vacated in the property owner free and clear of any rights of public use. Aceordlngly, this Ordinance shall be indexed in the names of the County of Che~te~field~ ~s grantor, ~nd V. C. A~maoD, 13.H.l.b. TO CONSIDER TH~ CONVEYANCE 0F RIgHT-Of-WAY ALONG CEDARDALR LANE AND HOPKINS ROAD TO T~E VIRGINIA DEPARTMENT OF T~ANSPORTATI0~ - Mr. Sale stated this date and time had been advertised for a public hearing to consider the conveyance of right-of-way along Cedardale Lane to the Virginia Dspartment of Transportation for road improvements connected with the Bopkins Road project. No on~ came ~e~ward to ~peak in favor of or against the matter. On motion of ~4r. Daniel,. seconded by Mr. Mayes, the Dosrd approved the conveyance of right-of-way along cedardale Lane for road improvements in conjunetieD with the ~opki~s Road project and authorized the Chairman of tho Board and County Administrator to e×ecnt~ the necessary deed, on behalf of the County, to the Virginia Department cf Transportation.. (A copy of said pla% is filed with the paper~ of this Board.) 13.H.l.c. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF CROSS ~TI~ET IN ~EA~OARD COASTLIN~ IWDUST~AL PARK ~r. Sale stated this date and time had besn advertised for a public hearing to consider an ordinance to vacate a portion cf Cro~s Street in the Seaboard Coastline Industrial Park. No eno came forward to speak in favor of or against the proposed ordinance. Mr. Daniel stated he wished th~ record to reflect that, although he participated in discussions with Zeller Interche~ Corporation and Waverly Textile Processing Inc. regarding the promotion of chesterfield County, ha felt there was no conflict of interest as this particular item was on motion of Mr. Currin, ~eeonded by Mr. Daniel, the Board adopted the following ordinance: AN ORDINANCE to vacate a portion of Cro~s ~treet, in 9eaboard Coastline Indnstrlal Park~ Bermuda Districb, Chesterfleld, Virginia, as shown on a plat thereo~ duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County in ~lat Book 23, Pages 38, 39. W~EREA$, Zeller In%erchem Corp. and Waverly Textile Processing Inc., petition~ the Beard ef Supervisors cf chesterfleld County, Virginia to vacate a portion of C~oss Street, in Seaboard Coastline Industrial ~ark, Bermuda Distrtct~ Ghesterfield County, Virginia more particularly shown On a plat of r~=or~ i~ tbs Clerk's Office of the Circuit o~ said county in Plat Book 23, Page~ 38, 39~ made by Mills, Taylor and Puryear~ Inc.~ date~ August 1,' 1974. Th~ portion of the street petitioned to be vacated is more fully described a~ A portion of C~osS Street, im Seaboard Coastline ~ndu~trial Pa~k~ the location of which i$ mere fully shown, o~ a plat ma~e by Bodie, Mills, Taylor and ~uryear, Inc., dated August 1, 1974, a copy of which ~s attached hereto and made a part of this Ordinance+ WHE~AS, noti~ has been given pursuan~ to Section 15.1-431 of the Co~e of V~r~5~A, 1950, as amended, by adv~tlslng; and W~E~AS, nO public n~cessity exists for the continuance of the portion cf the road sought ~o be vacated. 88-789 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVi$OR~ OF CRE~T~RFIELD COUNTY, VIRGINIA: That pursuant to Section 15,~-482(b) of the Coda of Virginia, t950~ as a~anded~ the aforesaid portion of %he roa~ be and is hereby vacated. The grantees heroby convey unto the County and the County hereby r~serv~s a S0 foot water easement and a 60 foot s~wor easement as shown on the attached plat. This Ordinance shall be in full force and affect in accordance with Section 15.1-4S2(b) of the Code of virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office of the Circuit Court of Chesterfi~l~ County, Virginia pursuan~ to section 15.1-485 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to S~etion 15.1-493 is to destroy the force and effect of %he recording of th~ portion of ~he plat vacated. This Ordinanc~ ~hall vest fee ~imple ~itle tQ ~-he senterllne of the portion of the road hereby vacated in the owners of thc ~butting lot~ within th~ Seaboard Ceastllne Industrial Park free and clear of any rights of public use. AcCordingly, this Ordinance shall be indexed in the names of the County of chesterfield as grantor and ~ell=r !nterch~m, 13.H.2. CONS/DER POLICY FOR FUNDING W~TER A~D S~ER LI~S TO R~ISTING 8UBDIVISIONS Mr. Sale stated that chesterfield County is receiving, at an b~en significant and, in some ~i%uatien~, has amounted to $10~000 per house: financin~ for these ~tensions ha~ previously been incorporated in:o %he utilities Capital Improvement Program which, in turn, is s~pported by the bi-monthly charges paid by individual users of the utility paid the cos= of installing wa%er and/or sewer lines in the p~rchase price of the homes and paid to connect to public water and/or sewer service are al~e paying ~c s~ppert utility e~- tensions to ~×isting subdivisions; both the Virginia State Code and the County Code offer viable alternatives for fi~ci'ng water and/or sewer servic~ to existing subdivisions such as %h~ establishment o~ development and/or assessment districts, which would allow th~ County to ~×t~nd $~rv~ee tO ~rpa$ in n~ed whil~ protecting'existing customers of the utility ~ys~em~ and staff to e~isting subdivisions not presently incorporated in the approved Utility Capital Improvement Program be financed through assessment districts~ development districts or a combination o~ the two. Mr. Daniel stated he would like eo defer thi~ item until to determine what subdivisicas are not in current plane a~d requested a report itemizing all of the subdivisions ia the Dale District that are not watarad/seWe~sd or that would be under thi~ "umbrella" of assessment district if and when it should occur, prospective subdivisions anticipating water and sewer COnnections, etc. Mr. Currin to whether er not there is an existing policy that failing s~ptic tank systems. Mr, Appleg~ta s~ggasted that if ~8-79g any Board members had questions regardin~ this matter that ~hey meet individually with the Utilities Department to resolve On motion of Mr. Daniel, seconded By Mr, Mayes, the Board d~ferrsd consideration of the policy for funding water and sewer lines to ~xi~ting ~ubdivisiens until October 26, 1988 and directed staff to prepare a report itemizing all of the sub- divisions in the Dale District that do net have water and/or sewer connections available as wall a~ e map indicating all a~e$$men~ dis~rict locations. Vote: Unanimous 13.H.3. AUTHORIZATION TO PROCEED WIT~ CONDEMNATION PROCEEDINGS FOR SEWER EASEMENT FOR TB~ HOPKINS ROAD W~DENING PROJECT ACROSS ~R0~RTY OF MR. AND MRS. W~LLIAM M. BOWLES On motion of Er. Daniel, seconded by Mr. Ma~, %h~ Board authorized th~ 'County Attorney to institute condemnation proceedings a~ainst the ~ollowing property owner~ if the amount a~ eat opposite their names is not accepted. And be it further resulved that the County Administrator notify said prop®rty owner~ by r~qi~tersd mail on October 13, 1988 of the ~cunty's intention to enter upon and take the property which i$ to be tho subject of said condemnation proceedings. This action is immediate right of edify, pursuant to Section 15.1-238.1 of the ROSs Mary and William M. Bowles Ta~ Map 52-16 (1) 9 $1,420 ~3.H.4. CONSENT ITEMS ,13.H.4.a, AGP, EEMENT FOR VACATION AND REDEDICATION 0P WATER EASE~B~T ACROSS PROPEkTY OF SOUTHGATE ASSOCIATES On motion of Mr. Sullivan, seconded by Mr. Currln, the Board authorized the Chairman of the Board and th~ County Adminis- trator to execute an ,agreement to vacate and re-dedicate an exi~tin~ wat~ ~aS@~ent acro~E th~ p~per~y of Seu~hgate Associates, A Texas General Partnership~ which vacation and re-dedication is to COrrect an error in a previously recorded plat. (A copy of =he Diet is filed with the papers of this Board.) i~.H.4.D. AGtt~F~NT ~ VACATION AND REDBDICATION OF WATER this Board.) EASEMENT ACROSS PROPERTY OF NORRIS I~C. AND M & C ASSOCIATES On motion of Mr. Sullivan, seconded by ~r. CoFFin, the Board authorized the Chairman of £h~ Board and th~ County Adminis- trator to execute an agreement to vacate and re-dedicate an Jones, Jr., Inc., and M & G Associates, w~ich vacation and ~e-dedieation iF to correct an error in a previously recorded plat. (A copy of ~he plat is filed with the papers of this Board.) Vote: Unanimous 13.~.4.d. DEED OF DEDICATION ALONG LYNCHESTER DRIVE FROM MR. A~D MRS. RICHARD E, COLLIER On motion of Mr. Sullivan, secoaded by Mr. Currln, the Board approved and authorized th~ County A~min~tfstor ~o ~xeoute the necessary deed accepting, on behalf of the County, the con- veyance of a 5' and variable in width strip of land along Lynohester Drive from Mr. Richard E. Collier and Ms. Sarah H, C011ie~, (A copy of 't~e plat is filed with the papers of this Board.) Vote: Unanimous 13.M.4.e. DEED OF DEDICATION ALONG JEFFERSON DAVIS HIG~IWAY AND DUNDAS ROAD FROM BP~EZ-IN ASSOC. On motion of Mr. Sullivan, seconded by Mr. Currin, the Board approved and authorized th~ County Administrator to execut~ the neoe~ss~y deed aeuepting, on behal~ o~ tho County, the cOn- veyance of a 5' strip of land along Dundas Road and a 12' strip o~ land along Jefferson Davis Highway from Breez-In Associates. (A copy of the plat i~ filed with th~ paper~ of this Board.) 13.H.5. REPORTS Mr. Sale presented the Board with a report on the developer water an~ sower .contracts executed by the County Administrator. 13.I. ~r. ~msey presented the Board wi~h a status report on the ~eneral Fund Contingency Account~ General Fund balance, Reserve Funds, District ~oad and Street Light Funds, Lease Fmrohases and School Board Agenda. (It was noted there was an error in the total of th~ General Fpnd Balanee~ which Mr. Ramsey indicated would be corrected.) Mr. Ra~eey stated the Virginia Department of Transportation has ~ormally notified %he County of th~ acceptance of th~ £Ollowing road~ into th~ State Secondary ADDITIONS LRNGTE WOODFIELD Route 3838 (A~le Orchard Road) - From Route 650 to a west cul-de-sac 0.20 Mi. R~ute 3~31 (Apple orchard Terrace) - From Routs 3890 to a north cul-de-sac 0.04 ~i. 88-792 ADDITIONS LENGTN WOODFIELD (continued} Route 3832 {Apple Orchard Court} - From Route 38~0 tQ a north cul-de-sac 0.14 Mi. 13.B. CONTP3~CT WITH NEALTH CAP~E PROVIDERS FOR COUNT~'S HEALTH CAR~ ~ROGRA~ ~0R I989 CA~ENDAH YEAR AND ASLEND COUNTY FLEXIBLE COMPE~SA~ION PLAN FROM A~ OCTOBER i - SEPTEMBER 30 TO A C~AL~DAR YEAR CYCLE Mr. willis presented a summary of information concerninq the proposed ~ontract($) with health care providers for the County's health care progra~ for the 1989 calendar year, major factors affecting the I989 recommendations, recommended rates and aetion~ necessary to co~enee the employee Open process, amendment to the Flexible Compensation Plan £rem an October 1 - September 30 to a calendar year cycle, currents rates versus proposed rat~, comparative contribution levels for staff and the County, etc. Discussion and question~ ensued relativ~ to the health care plan~ available; plan rat~ differentials; the percentages of increases in the plan rates~ the employee out-of-pocket costs versus the flat rate paid by the County; differenoe~ in the plan benefits: differ~nce~ in th~ le~els of co~t; how much funding was allocated in the budget per employee for health care eopt~ for 1988; anticipated future costs; th~ n~mber of employees covered; the impact of increased costs to emplcyses~ ecmparis6n~ of County polic~ ver~u~ that of varieu~ corporate pollcies; funding the health care plans during the budget proee~s for 1989; ~mploy~r responsibility to aoco~4~odat~ the increased expense; thc need for mere information, clarifica- tion, optiou~, etc.; the anticipated increased ~xpen~e~ having M~. Sayes made a motion, seconded by Mr. Ceftin, to app~ov~ and authorize the County Administrator ho ~xecute health care plan contracts with E~icur Health Plan, In~., Ke~ar~ {Blue Cross/Bl~e Shield), Southern Health Services and PruCar~ of Richmond ~or :he 1~89 calendar yea~; a~d ~o amend the Chester- field County Flexible Compensation Plan fr~ an 0cachet Sup=ember 30 ~lan year to a January I - Deco,er 31 plan y~ar. There wa~ further d~cu~on relative to differences in the levels of cost, how much funding was allo=ate~ in the budget per employee for ~alth ca~e costs, future co~t~ the m~er employees covered, the impact of incre~s~ costs ~o etc. Mr. Applegate and Mr. Danle] indicated they felt ~ further consideration and deferred until Oc~0ber 25, 1988. there should b~ o~promise in order to achiev~ full agreement ~nO withdrew his 0n motion Qf ~r. Daniel, seconded by ~r. Sullivan, th~ Board deferred consideration of the heal~ care plan con%ract~ with ~quicor Health Plan, Inc., K~yCare {Blue Cro~n/Bl~e Shield), Southern Health Services and PruCare of Richmond for the 1989 calendar year and amendment of the chesterfield County Flex~bl~ Compensation Plan from an October i - September 36 plan year to a January 1 - Deco,er 31 plan year until October 26, 1988; and directed ~%aff to prepare variou~ opttOu~ which could considered, necepsar~ budg=t adjustment~ costs, etc. Vote: Unanimous ~-793 On motion of Mr. Sullivan, s*cond~O by Mr. C~rrin, the ~oar~ adjourned at 9=30 p.m. until 9=3~ a.~. mn Octo~e~ 20, 1988. Vutu: Ununlmous 88-79~