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07-24-96 MinutesMr. ~arry G. Daniel, Chairman Mr. Arthur $. Warren, Vic~ Chr~. Mr. Edward B. Barber Mrs. Benny B. Humphrey Mr. J. L. McHale, III Mr. Lane B. Ram~y County Administrator ~taf~ im ~tten4ance: Colonel Carl Baker, Polioe DeDartment Dr. Will~am Basher, School Beard Mr. craig Bryant, Pit., Utilities Mu. Marilyn Cole, ~xeo- Asst. te County A~mln. Mr. Richard Cordl~ Ms. Faith L. ~avis~ Asst. Ce. Ad~i~,, Lsgis. Svcs. and Interqnvern. Affairs Chief F. W. Dolezal, Fire Department Mr. Michael G01d~n, Dir., Mr. La~zrence C. Haak~, III, Registrar Deputy ce. Admi~., County Ombudsman Qir,, ~lanning Internal Audit Deputy CO. Admin., Dir., Transportation Mr. Richard ~. MoElfish, Dir., Env. ~ngin~r~Dg Economic Development County Attorney Mr. FrancisM. Pitera, Dir., Mr. Willia~ G. Russell, Information Systems F~r. ~ames U. L. Stegmaier, Dir.~ B~dget & Manugument Di~., Librari=s Mr. Frederick Willis, Jr., Di~., H~mun R=sourc~ Mgr. 96-432 7124196 meeting to order at 12:00 p.m. in the Administration Building, Room 502~ Dr. Sehroeder c~lle~ the joint Boar~ of SuDervi~ors/sch0ol Board m~ting to ordQr at l~:00 p.m. in the Admlnimtratlon Buildlnqz Ream 502. Mr. Daniel etat~d today ie a key date in the history, of Chest~rfi~l~ County as the tw~ Beard's b~gin the formal of e~arking on one of the ~o~t aggressive capital expenditure that ~e~bor~ of the Board hav~ net with the County'm financial a~viser and rating agencies and that ~h~ County has a stated that when considering the debt that is being t~ie ~apital expenditure pr0gr~ Can b~ fund~ with ne negative impact cn the taxpayers. ~e further =tat~d thi= program has thought out proposal. plannin~ yea~s 1995-2001 and noted the debt capacity projections are based on the assumption t~at the tax rate remains the same, that the County has moderate levels of continusd growth end inflation, and that the County continues to allocate ten percent of the Operating Budget for debt s~rvice. He further abated total dmbt capacity, over the five year period, totale approximately $240 million -- ranging from $4u to SS~ million in each of the years. Be abated two thirds of the total capacity is allocated to school Drojects and one ~hird allocated to other government projects. 5e further stated approximately $19 million of debt capacity has been allocabed, from =he year 2002, to be used in this bond referendum, which includes $3.5 million for fire stations and $15.8 million for school ~rojeots. He sta~ed the total debt capacity for the year 1002 is approximately $61 million. Mr. Ramsay ~tated the total debt c~p~city figures are only projections, that t/%e figures will not lock th~ County into specific sch~dulm, and that the County will continually presented is within the debt limit. It was generally agreed to recess for approKimately thirty Reconvening: Dr. William so,her, school superintendsnt~ stated i~ is an honor tc be with Chemterfield County. ~e furthe~ state~ he admi~s t. he aggressive approach by the County ts oonfron~ the capital issues. ~e stated the County's long-term ability to generate capital reserves, non-recurring cus~ fro~ savings is un incxntive program and that it is important that those savings can result in ca~ital areas which are non-rseurrln~. He further stated it is critical the way that the bond and debt capacity is balanced with general funds. ~s commanded the ~wo Boards for their efforts and co~itment in this process. 7/24196 96-433 Dr. Carl Chafln, Assistant ~nperintendent for I~tit~tional Services, stated overcrowding and bringing older facilities up :o 21mt Century standard are two major issues being addresmed through the referendum prujmc~e. He reviewed the school Board Fall 1996 Beferendum Pro,eot S~hedul~ (based on funding availability) including replaelng Ma;ceca High School; renovating Thomas sale High School; renovating L.C. Bird High School; renovating Chester Middle School; renovating Grange Hall Elementary School; rsnevations/additiunm to C.C+ Wells Elementary School; renovating. Meadowbrook High snhoel; con,true;ion cf 5 new elementary mchool $1 (relieve Smith, Grange Hall, Gatem, and Crenshaw); construction ef a new elementary ~hool ~ (relieve Jacobs, Honing, and Chalkley}; renovating Clover Hill Sigh $Ghool; renovating Bensley Elementary School; additions to the Technical Center; inframtructure and mquipment ~echnology~ and major maintenance to various older schools. He noted the entire amount of major maintenance i~provement$ will be funded through the CIP There was brief discumsion relative to changing th~ word "maintenance" to another term; u~aful space available at the old ~atoaoa High School ~hen the new ~atoaca High School is built; an~ whether capital need~ are associated with th~ ~lan the existing Carver Middle School when the new Carver Middle School is constructed. When asked, Dr. Chafin sSa;ed that School staff will overview, manage~ and supervise the prober cone;ruction of the projects and a new gym floor at Clover Hill Sigh school bein~ funded from the CIP Reserve for co,pla;ion fo~ thi~ school year. It was the consensus of the Beard of Sepervisors and School Board to ~ppreve the School Board ~all !996 Referendum Schedule. Mr. Daniel requested that the full $32.5 million for Headowbrook ~igh School, be funded with bonds and ins%rutted staff to make the a~propriate adjustmentm in the school projects to effect thi~ change. Referendum Projsot issue debt after it has been voted on ~n a Referendum. the voter~ for the n~xt four years to deliver tho p~bliehed list of projects. on ~otien of Mr. MeBale, sescnded by Krs. Humphrey~ the Board cf Supervisors went into an Executive Session Pursuant tc Discuss the Acquisition of Real 2state for Bond Projects and tho Condition and Use of Re~l Property for Public Purposes, Vote: Unanimsus on motion of ~rs. Davis, seconded by M~. SOhrOedur, the School Board ~nt into an ~×eoutive session ~ursuant to section 2.1- 344A.3.~ Code of virginia. 1950, as A~unded, to Discums the Acquisition o~ Real =state for Bond Projects and =he condition and U~e of Real Property for Public Purposes. Vote: Unanimous 96-434 i. ...... I .J ,.,.,.; ............... I L ......... I On ~ution of Dr. $chroeder, seconded by Mr. Trammell, the School Board adopted the following resolution: ~EREAS, the School Board and Board of $~pervi~ore hav~ realized the need te purchase additional land for ~he Thomas Dale High School renovation project; and WHERF~AS, the Board of Supervisors approved the use of land on July 2~, 1995; end W~R~S, th~ Board was made aware, at that time, that additional land would need to be purchased in this same area at a later date; and WMF~R~, the negotiations to purchase this additional land have now been completed to purtha~e 5,?97 acre~ of la~d Dorothy B. Chewninq at a cost ef $55,500; and WHERe%S, no funds are =v~ilable in the Thomas Dale ~igh ~ER~S~ ~e SO~OOl CIP Reserve b~lance of $320,164 available for use at this ~ime. heruby requests the Board of Sup~rvi~or~ t~ansfer $55,500 from th~ School CIP Re~erve %o cover the cost of this land adopt the following reaolutien: WHEREAS, the Board of Su~e~viso~s has thim day adjourned into Executive Session in accerdancs with a formal vote of ~he Board and in accordance with the provisions of the Virginia July ~, 1989 provides for certification that such Executive session was conducted in confo~mity with law. certification applie~, and ii) only such public buslne~ matt~rn a~ were i4enti£i~d dlseents from this certifioa~ion. Ayes: ~r. Daniel. 96-435 NOW, THEREFORe, ~ I? RESOLVED, that the school Board hereby certifies that, ts the best of each member's knew~edge. (1) only public meeting require~ent~ by Virginia law were dlseussed in ~he executive session to which thim certification resolution applie~, and (11) omly such public buoin~s~ ~atters as were identified in ~he motion convening the execution ~oo~on were heard, discussed, o~ Considered by the School Beard. Ayes: M~. Trammell. Ayes: Mrs. Davis. Ayes: Ayes: Dr. Schroeder. Ayes: M_r~. Pettitt. ~r. stegmaier reviewed the General County Referendum in the ar~as of public $afe~y, parks and metrestien, and libraries. Be note~ the County, for General Government Projects, ha~ a oignifisant per%ion of debt capacity W~iUh is not allocated to the referendum projects, but allocated to other projects not on the referendum such as t~s new Juvenile and Domestic Relation~ Court, the new Juvenil~ D~t~ntion Home, and the ~w Community DevelopmEnt Building. Mr. Ramsay stated the Adhoc Committee hss recommended the Juv~nil~ and Domestic Relation~ Court, the Community Development Building, and the Juvenile Detention Center Pre,sets not be part of the Bond It was the ~eneral consensus of the ~oard of Supervisors and School Board to approve the General County Referendum Projects by functional category. Mr. Ramsey briefly reviewed th~ quad%ions that will be on the referendum ballot. When asked! he stated staff has developed a public relation paokag~ that will provide information to community through ~poaksrs bureau, constituents meetings, Cable TV, and other method~ to inform the public a~out t~e Bond Referendum. He further stated there is an overall coordination by the County to infczluoi%izens of =he u~cominq Ra£erandum and items that will be placed on the Referendum. Mr. Warren c~ended ~r. Daniel end Mrs. ~ettitt for their leadership is an indication of the teamwork between--the two W_rs. Humphrey. concurred with ~r. Warren an~ alas comnended staff for their efforts in thi~ process. She ~tated it i~ a pleasure to be a part of this Mr. Daniel stated he had a meeting with Mr. Lawrence Hanks, the COunty's Registrar, on thm subject of voter turnout for a Presidential election. He further stated MT. HeaRs hms prepared a graph showing the dropoff rate from the ballot ~uestios for President to the ballet questions on ~he individual bond questions. He briefly reviewed the information and noted the ~ssrd cf Sure,visors will be receiving a espy of this information. He stated it is imperativ~ tha~ the ~nfcrmation be given objectively because there will be a very large dropeff voter rate from th~ ti~ the public finishes voting for the President and the senator to the time they get to the individual bond questions. 96-436 On motion of Mr. MeHale, eeoonded by Mrs. Eumphrey, the Board of Supervi~or~ adjourned to th~ Public ~ting Room for it~ regularly scheduled meeting. On motion of Mr. Schroeder, ~econded by Mrs. D~vi~, the Board adjourned until August L3, 1996. Mr. Deniet called the regularly sche~ula~ meeting to.or,er, aB 2:00 p.m. ~e stated the Board of Supervisors and the $chool Board me~ ~his afternoon to discuss finalizing projects planned for %he November, 1996 Bond Referendum. approved the minutes of June 28, 1996, as submitted. Mr. Daniel stated Chesterfield has had a ~remendoum record cf recognized Mr. Ramsay for recently bein~ inducted am President Qf ~ho vi~ginla Local ~overnmen% Managemen~ k~sooia~ion (VL~Y~) for the I998~97 year. Ce motion of the Board, the fcllowin~ rmsolution was adopted: share many common goals and common ehal!enga~; and W~REAM~ the Virginia Local Government Management Ammo~iation (VLGMA) was formed %o provide a forum for WHERBAS, the Association seleots~ from all %he city, ~own, ~r~sidsn~ eao~ year; and WHEREAS, the Association ha~ chosen Mr. Lane B. Ramsay as recognition of Mr. Ramsey~a leadership, experience, Management Association and expresses its suppurt £or him b~half of th~ Bcazd, commended him on his leadership of Chesterfield County, and congratulated him on him appointment to the VMLGA for the 1996-97 year. 7/24/96 Mr. Ramsey expressed a~prsclation for the recognition and stated it is an honor and privilege %0 work for Chesterfield and ia t~uly an honor to have been chosen ss the President of the V}4LGA. 4. BO~/~D CO~4KITTEE REPORTS There were no Board Committee Reports st this time. 5. REOUESTS TO ~0ST~0NE ACTiOn. ADDITIONS, OR ORANGES IN T~E ORDER OF ERESENTATION replaced Item 12., Executive Seooione and moved I%om 9.B.~ Adoption of Resolution Authorizing th= County to Contract Debt to Order an Election on the Questions of Contracting D~bt I~suing ~neral obligation Bonds to Finance Public Improvements ~ONTRAOT DEBT AND I~SOE GENERAL OBLIOATION BOND~ REQU~I.N~,,CIRCUIT COURT TO ORDBR ~lqBLECTION ON THE OUESTIONS OP CONTRACTING DEBT AND IBSBIM~ OENER~ OBLIGATION BONDS TO FINANCE PUBLI~ IMPROVEM~NTS Mr. Stegmaier stated adoption of this resolution would request the circuit C~urt to order sn election authorizing tbs County school and general goverr~ent public Mr. Daniel s~atsd the.soard of Supervisor~ end the School Board met this afternoon to discuss this issue and the de,silo c~ nesting w~re covered by t~e press. Ho further stated an agreement was re~ohed between the two Boa~do on the School Board projests; a funding schadul~ was agreed upon; the ability Of the CouDty to pay for ~he debt was fully developed and sustained; and the projacts~ for both the school system and County were agreed upon. He reviewed the aspects of the bond refersndu~ s~e as follows: $34 million for Public Safety; $10.3 for Library Improvements; $~.2~ million for ParR~ Res~eatisn I~proVements; and $174.799 ~il~ion forSchools. Mr. Micas stated the order of th~ ballet que~bionn li~ted the resolution will be the or,er in w~ich ~he questions will appear on th% referendum, if it is the deEire of the ~o~r~. M~. Daniel briefly reviewed the q~atiens in the resolution that ~ill De pieced on the bond referendum. On motion of ~r. ~c~ale~ seconded by ~rs. Humphrey, the Board adopted the following A RESOLUTION OF ~E BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD~ VIRGINIA~ DETB~INING THE ADVISABILITY FOR SUCH COUNTY TO CONTRACT DEBT ~D I~U~ G~N~FJ~L OBLIGATION BONDS IN THE ~IM~ ~OUNT OF TWO ~NDRED TWENTY EIGHT ~ILLION THeE PURPOSE OF FINANCING THE COSTS OF PUBLIC IMPROVEMENT PROJECTS IN ~UC~ COUN~, eU~ ~O~D$ TO BE ISSUED tN THE ~XI~ OF ONE H~DRED SEV~TY FOUR MILLION SEVEN H~DR~D NI~ETY NINE T~O~AND DO~LARS ($174,799,000) FOR CAPITAL EC~QOL I~PROVEMENT PROJECTS, IN THE ~XI~ ~OUNT OF THIRTY F0~ MILLION TWENTY 7/24/96 96-438 i '7 I ................ I- .... m THOU~3%ND DOLLARS C$$4,020,000) FOR PUBLIC SAFETY IMPROVEMENT PROJEC?S~ IN THE MAXIMUM AMOUNT OF TEN MILLION THREE HUNDRED THOUSAND DOLLARS ($10,300,000) FOR LIBRARY PROJECT~, AND iN TH~MA~IMU~A~CUKT OF ~TNE MILLION TWO HUNDRED FIFTY FIVE THOUSAND DOLLARS ($9,255,000} FOR PARK AND RECREATION IMPROVEMENT ~ROJECTS, A~D REQUESTING THE CIRCUIT COURT OF SUCH COUNTy TO ORDEE AN ELECTION ON THE QUESTIONS OF AUTHORIZING SUCH COUNTY TO CONTRACT SUCH DEBT A~D ISSUE SUC~ W~E~EAS, there has been presented to and filed with guDervisors") of th~ County of chesterfield, virginia (the "County"), a certified c~py o~. a r~golution unanimously adopted by the School Board cf the county at a special meeting held on ~uly 24, 1996, pursuant to ~eotion 15.1-2~7.41 of the Code of Virginia, 1950~ requestin~ the Board of Supervisors to tke Circuit Court of the County to order an elastics on the financing the cost of capital school improvement project~ in a. It i~ hereby determined that it is advisable for th~ County to contract debt and to issue general obligation Eight Million Three ~undred Seventy Four ~housand dollars ($228,374,000) under the provisions of Chapter 5.1 of Title l~.l of the Code of Virginia, 1~$0 (~he same being the costs of public imprsvement projects in the County, such bends (1) general o~ligation bonds in tn~ maximum amount Thousand dollars ($174,799,000) ~0~ capital school improvamen~ pro~ects, including acquisition of f~ture ~chool sites and such (2) general obligation bonds i~ the maximum amount of Thirty Four Million Twenty Thousand dollars [$J4,U29,000) (5) general obligation bonds in th~ ~aximum amount library improvement p~ojects in the County; and (4) general obligation bond~ in th~ ma~imu~ amount of Nine Million TWO HunOred Fifty Fiv~ Thousand dollars (59,255,000) for park and recreation improvement projects in b. The Sull Sai~h an~ =radit of ~he County shall be pledgcd to the payment of the principal of and premium, if any, ~uch bonds are outstanding and unpaid there shall be l~vled and Other taxes of the County are assessed, levied end collected, a tax uDon all taxable property within the County, ever and limitation as to rate er amount, sufficient to Day w~en due the p~incipal of and premium, if any, and interest on such bond~ to the exten~ oUher funds of the County are not lawfully available and appropriated for such purpose. c. The Circuit Court of the County, or any judge thereef, is hereby recf~ested tc ordor an election to b~ held in the County on Nove~tber 5, 1996 pursuant to Sections 15.1-227.12 of whether the County ~hall be authorized to oontract the debts and issue general obligation bonds of the County in the maximum amount~ and for the purposes ~et forth in Paragraph a, ~he Circuit Court of the County, or any judge thereof, is in accordance with the prcvisiohs of Section 24.2-6s2 of the Code of V~r~inia, 1950. d. The Clerk of the Board Of SUpervisors shall file a certified copy of this resolution with the Ciroui~ court of ~he County, or any judge tHeteof~ adoption. Ayes: ~r. ZcHal~. Aya~: ~-rs. Eumphray. Ayes~ Mr. Barber. years c~ foresight and thought and a~tablinhes o~pital projeot~ further etata~ ~he referendu~ define all capital expenses that th~ County will incur by issuing debt. He stated financial carry this debt as old debt i~ retir~ and, through eMpansion County's debt capacity is allocated to ~uppott $chool~ and one will provld~ sp~aifio isfo~mation regarding the referendum and the information w~ll be distributed to citizenz throughout the Con~ty~ accomplished ~iChout changing the County's tax rates and that Fir. Daniel r~ognized Dr. William ~oshe~, who wa~ ~re~ent at Administration, and the School hoard £or their effsrtn in this Mme. ~umphrey stated she is happy to see the various un this referendum and oo~ended everyone for their effort~ this process. 96-44~ Mr. Barber stated Midlothinn District has no projects on this referendum. ~e further Stated his message to his ccnstiPuents Will be that there are vital needs in other District~ of the County and that supporting this referendum is a way for those needs to be addressed in order to make the entire County a Mr. Warren commended County and School Staff for their efforts in this process end that this referendum i~ an opport~Dity for the elected officials to h~a~ from the voters about hem the future of Chesterfield County will planned and managed. He stated he is loo~ing forWard to the ~esults in November, 1996 and that this referendum will give %he County the infrastructure and strength to move. the County forward-through th~ year 2000 and ~ill par~i~ the County to plan and manage the County the way citizens feel nec~mmary. 6.~. RECOGNIZI~ C~PTAi~ BERnaRD P. COWARDI~, J~., ~OLI~E was pre~nt to receive the re~ulution. On motion of the ~oard, the following resolution was ~k~, Captain ~rnard F. "Bmrnie" Cowardln, Jr. will retire from the Chesterfield County Police Department un August ~EAS, Ca,rain Cowardin has 9rov~ded thirty year~ ~AS, Captain Cowardin has faithfully ~erved the County i~ tho capacity of Dispatcher, Patrolman~ Detect~ve, Sergeant, of th~ Forensic Unit~ and and has worked diligently to ~n~ure the County maintains implementation of the Bookinq Iechnlcian and Live-Scan Fing=rgrin%ing Program; and W~SREAS, Captain Cowardln'~ ~any oontribution~ auTo~ation hav~ kept the Chesterfield Police Qegartment on ~e leading ed,s of technology~ thereby, providing excell%nt servic% to the citizen~ of Chesterfield County; and WHEREAS, Chesterfield County an~ ~he Doard of Supervisors will miss Captain Cowar~in'~ diligent service. citizenu of Chesterfield County~ their appr~ciatio~ for ~2qD, RE IT FURTHER RESOLYED~ that a Copy of this resolution be presented to Captain Cowardin and tha~ this resolution b~ permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virg.inia. Vote: Unanimous Mr. Daniel and Mr. Ramsay presented the e~eouted resolution and Jefferson Cup to Captain Cowardin, expressed appzeciatlen for his dedicate4 service to %he County, and wished him w~ll in his retirement. RECOGNIZING DETECTIVE RALPH R. AREHA/~T, POLICE DEP~-R.TMENT, UPON KIS RETIR~F~N~ COlonel Baker introduced U~teotive Ralph R, Arehar~ who was O~ motion of the Beard, th~ following resolution wa~ adopted: WI~ERZAS, ~r. Ralph R. Arehart will ~etir¢ from the Chesterfield C~unty Polic~ D~partment on August 2, 1996; and quality service to the citizens of Chesterfield County; and W~ER~S, Mr. Areka~t has faithfully ~erved the County the capacity of Dispatcher, Patrolman, Investigator, and Detective; and WHER~S, by providing quality public service, Mr. Arehart WHER~S, du~ to his caring attitude during his many yea~s appreciation fu~ hie numerous acts of kindness; and regarding the Police Department, Chesterfield County, and their ~og~a~u, and the ability to relate that %o the public served; and WHEREAS, by going above and beyond the call of duty, M~. Arehart was awarded the Police ~tar for his quiet aotions on ~EAS, Chesterfield Co~ty an~ the Board of ~upurvlsors will mi~ Mr. Arehart's diligent NOW, TEEREFORE BE IT RESOLVED, that thi~ Board of ~uparvisor$ publicly recognizes Mr. Ralph R. Archer= and extends, on behalf of its me~ber~ and the citizens of Chesterfield County, their appreciation for his service to the County. ~D, BE IT FURTHER RESOLVED, t~at a copy cf this resolutien be presented to ~r; Arehart'and ~hat Ds permanently recorded among the pap=re of thi~ Bo~rd ~upervisor~ of chesterfield coon=y, virginia. vote: unanimous Jefferson Cup to D~tective Arehart~ expressed appreciation for his dedicated se~ioe to the County, and wished him well in his retirement. 96-44~ Mrs. Humphrey stated Mr. Arehart'e reputation for his bravery ha~ nurrounded him in hi~ later year~ of his career and he will be missed. 7. WORK SESSIONS There were no Work Sessions scheduled at this time. 4. DEFERRED ITEMS There were no Deferred Items at this time. 9. MEW BUSINESS 9.A. ~T~KETLIGHT INSTALI~%TION COST On motion o~ Hrs. Humphrey, seconded by ~r. approved the following streetlight installation cost approvals: Clever Kill District: * ~ravier ~oad and ~%rdldo Drive Cost to install light: $2,28~.77 * Castle Glen Drive end Groveorest Court Co~t to inntal~ ]~ght: Dale District Ch~swood Circler and Che~wood Cost to install light: $1~554.23 Due to health, safety, and welfare issues * Chesswood Drive and Shiloh Drive Cost to install light: $1,141.73 Due ~o health, safety, and welfare issues * chessweed Drive and Shiloh Drive Co~t to in.tall light: D=e to health, safe=y, and welfare issues Matcaca District * church Road, vicinity of 21~11, on the existing pole No cest to install light Vets: Unanimous ~.C. A~POINT~EMT~ On motion of ~tr. McHale, seconded by Mr. Warren, the Board sus~s~dsd its r~les at this time to allow simultaneous nomination/appointment of me. ers ~o serve on the ches~erfiel~ Emergency Plannin~ Committee; the Youth Services citiu~n ~ourd~ th~ Committee on the Future; =he Appomattox Basin Industrial Development Ce~po~ation; and the Community Services Board. Vote: Unanimous Coordinator, ~tated the Chesterfield ~ergency Planning Committee hel~ a ~rill yesterday that assists in prepar~n~ for unfortunate event~ in th~ County_ She ~tated issues recently handled by the Committee inuluded the hurrloane that a~Droeched 7/24/96 96-443 the coast several weeks ago and a ~arroriat calling the County threatening to blow up several places in the County. She expressed appreciation for th~ ~oard's continued support of the Committee end to Mr. Barber for observing the drill. 9,C,i, ~HESTER~I~LD EMBRGBNCY PLANNI~ COM~{ITTEE ~i~ultaneuusly nominated/appointed Mr. David Hope; ars. Sharon wilcox; ~r. Paul Repak, and Ms. Debsrah Pannell, to ~erve On the Chesterfield Emergency Planning ¢ommittse, ~hcaa terms are effective i~ediately and will he at the pleasure of the Board Unanimous 9.~.~. YOUTH S~RVICES ~ITI=BN BOARD On motion of Mrs. ~u~phr~y, seconded by ~r. Barber, the Beard simultaneously nominated/appointed the following individuals to serve on th~ Youth ServiQes citizen soard whose term~ are effective immediately end will Mr. Reza Mobren Mi~ Roberta Herndon Mis~ Adrian Pearce Mr. Anthony Mark Kiss Katherine Thompson Vote: Unanimous expire as follows: Clover Hill 6-30-97 Dale ~-30-97 Dale 6-~0-97 Ma~oaoa 6-30-97 Matoaca Mstoaca 5-30-99 Midlothian S-30-97 On motion of ~r. Barber, seconded by Zr. Warren, the Board simu!tan~ously nominated/appointed Mr. John Gibn=~, representing ~idlothian District, to serve on the Committee on ~he Future, whose term is effective i~1ed~ately end will b= at the pleasure of the Board. Vote: Unanimous APPOMATTOX BASIN INDOS~RIAL DEVELOPMENT CORPO~%TION On motlo~ of Mr. McHale, seconded by ~. H~phrey, the Board ~imuitaneously nominated/appointed Mr. Jim Daniels, at-large ~e~ber, %0 serve on the Appomattox Basin Industrial Development Corporation, whose t~rm ia effective immediately and will expire September 2~ 1997. On motion of Mrs. Humphrey, seconded by Mr. Warre~, %he ~oar~ simultaneously nominated/appointed Dr. Charles W. Weieenfels, to serve on the Community ~r~ices Board, whose term is effective immediately and will expire June 30~ 1999. Vote: U~a~i~ous 96-444 7124196 Sr. ~a~iel stated he received a letter from ~he chairman of the dommunity ~rvic~g Board inquiring about the role of this ~embar. He further ~tated Dr. weisenfels is a member Of the Community Services Board with full vsting rights and all other rights es the other Board msmber~. He stated his ~eat is open by act of the General Assembly and the ~oard cf Supervisors- CONSENT ITEMS adopted the following resolution: WHEREAS, the Virginia State Park syutem began in 1936 with six park sit~s; and in Chesterfield County was developed by the Civilian first recreational park in the tri-cities area; and swift Creek Recreational Demonstration Aren to the Commonwealth Commonwealth of Virqlnia and Chesterfield County, outlined oommunity~ and recreation opDortunities to the citizens of Chesterfield County including camping, hiking, biking, fishing, boating and swinuming, serving in excess of 22~,000 visitors annually; and W~EREA$, future improvcm~nt~ will includ~ thc renovation and reopening of a~ amphitheate~ originally con~tructed by the Civilian Conservation corps and a museum devo%e~ ~s the CCC; NON, THEREFORE, BE IT RESOLVED, that the Chesterfield ~tats Pa=k for providin~ 9ositiv= racrsatisnal resources to ~ RIVER~NO~ PROJECT On motion of ~r. M~Hale, ~econde~ by ~r. ~arber, ~he ~ard adop~ed the following ~esolu~ion~ WHEREAS~ Virginia Stets University ~ai~teins p~eDerty adjacent to th~ Appemattox River in chesterfield ¢ounty~ and ~H~R~A$, virginia state university and chesterfield county have snce~ssf~lly cooperated in fire and police protection 91aris, in the whaley colbert Base,ail Field rsnovatisn~ and in joint use of County park and university camDus recreational facilities; and 7/24/96 96-445 WHEREAS, Virginia state University and Chesterfield County have cooperated in th~ establishment of the ~ttrlok Riverside Park to initiate public acca~m to the river and the history of the town of Ettrick; and WHEREAS, the Chesterfield County River£rcnt Project Commlttse appointed by the Board Of Supervisors, alcng with other knowledgeable eo~unity volunteers have identified and studied the VSU/Ettrick Riverfront Trail Project; and MM~REAS, the County, Rivsrfrsnt Project Co~ittee and Lardnmr/Klein Land~oape Architects have ~ropeue~ a concept plan for the VSU/Ettrick Riverfront Project; and WHEREAS, the VSU/Ettrick Rive~f~ont Trail ~rojeot will ~uppert envirQnmantal and physical education efforts for ~le~entary~ secondary and university students; will provide public recreation; will encmurage conservation Of natural and ~oenic resources; will interpret important historical WaEREAS, virqinia Sts~a University and Chesterfield County VSU/Ettrick Riverfrunt Trail Project; and WHEREAS, it will bs appropriate in t~e f~tUra as construction ocaur~ to delineatG areas of authority a~d remponmibility through a d~tailed Memorand%%~ of Agreement including trail, boardwalks and bridges, (3) historical f~ature~ and signets, (4) fishing and boating access steam =n~ (5) sida~al~s; and organization~, includinq Ettrick gu the KOV~, CAAP~MD, ~ttrick Bu~ine~ C~uncil, Efi~rick Youth Sports, Community Development ~leck Grant office, canal Society, C~ater Planning Distrt¢~ ~EREAS, the adoption and implemen~a~ion of the project will enure to the ben,fi= of all citizens of the County and the Virginia State University community. NOW, T~R~OR~, ~= IT RESOLVEQ, that Virginia State University and Chesterfield County will pursue planning, acquisition of gram5 funding and donations and so,unity support and participation to bring the VSU/E~tric~ kiver£ren% Trail Project to a reality. Vote: Unanimous on motion of Mr. SeMele, seconded by ~r. Barber, the Board adopted the following resolution: WHEREAS, Celestial Lane was established on er befere~July 7. 1979, and currently ~erve~ at least three families pe~ mile; W~E3~EAS, th~ Virginia Department of Transports%inn (VDOT) ha~ determined chesterfield COUnty's curr~nt subdivision ordinance meetm all necessary requirements te ~ualify Chesterfield County to recommend additionm to the Secondary Symtem of ~ighWay$, pursuant ~o ~3.1-72.1, cede of Vir~inia~ 96-446 7124196 WHEreAS, it is the opinion of C~este~field CoUnty that ~peculative interest does not ~×i~t on NOWr THERE~ORR B~ ~T R~$OLVED, COUnty Board of Supervisors re~ue~t~ the Virginia Department of Transportation to add tQ the Secondary System of State Celestial Lane, beginning ~t ~he intersectlsn of ~ewby's Bridge Road in an east-wont di~eotion for a distance of 0.28 mile measuxed from the centerllne of Newby's Brid~e Read. clear and unrestricted right-of-way of fifty (50) feet for Celestial Lane, such rich,-of-way being recorded in Deed Book drainage. virginia Department of ~tansport~tion to improve Celestial Lane to the pr~sc~i~ed minimum standards, funding said imp~ovement~ pursuant to 99~1-72.1 (D), Code of Virqinia. And, further, the Board adopted the following resolution: per mil~ WHEREAS, the Virginia Department of ~anmpoIta~iQn has ~etermined chesterfield Cnunty~ current subd±vi~ion ordinance to r~eommen~ a~i~ions to the Secondary System of H~ghways, ~EREAS, it is th~ opinion of Chesterfield County that County Doard of Supervisors requests the Virginia Department of Highways! pursuant to ~3.~-7~.~ (D)~ Ce~e of virginia, Spruce clear and up~estsioted right-of-way of ~i~ty (~O] ~ee~ for ~ages 2~g and ~23, for Popular Rills Subdivision, an~ any Virginia Department of %rans~=rtation to i~prove Spruce Avenue to the prescribed minimum ~ta~dards, funding said improvements pursuant to 33.1-72.1 (D), Code of 9.D.l.e. ABAJ~DONING ~ PORTION O~ KENTON DRIVE AND A ~DRTTON On notion of ~r- ~c~ale, seconded by M~. Barber, the ~oard aRopted the following ~es01ution: WHEREAS, there have been chanqes in the secondary system of ~tate highways in conjunction with the addition of Ridg~dale Parkway, and, as a result~ there are portions of roads no longer g~rving a public need. 96-4~7 NOW, THEREFORE BE IT ~E~0LVED, that the Board oX Supervisors does hereby abandon as e part of the secondary system of state hiqhway~ a portion of Kenton Drive (Route 2325) and a portion of Gravalbrook Drive (State Route ~S06) as shown on a sketch d~ted June 17, 1996, prepare~ by the Virginia Departament of Transportation, which ~ketch is incorporated herein by refsrence, pursuan~ to Se=tlon 33,1-155, Code of Virginia, as amended. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded =o the Resident Enplneer for the Virginia Department of Transportation. ~D, BE IT FURTHER RESOLVED, that the Board of Supervisors dues hereby request that the Commonwealth Transportation Co~L~issioner certify, iD writing, tha~ the portion s£ Kentun Drive, (Route ~325) and the por~ion of Gravelbrook Drive (Route ~06) hereby abandoned are no longer dee~ed necessary for uses of the ~econdary system of state highways pUrSUant to Section 33.1-1~6 of th~ Code of virginia, as amended. · Vote: Unanimous On motion of Mr. McHale, seconded by ~r. BErber, the Board adopted the followinq rssolution~ WHEREAS, 1-95 et Woods Edge Road currently carries over 77~000 vehicles per day; and W~EREAS, Woods Edge Road at 1-95 currently curries over lo,000 vehicles per day; and ~HEREAS, the 1-95/Wood~ ~dge Road interchange must be improved ~o safely and e~£iclently carry existing traffic and traffic projected to use the interchange in the future; and 95{EREAS, the improvement of the I-9~/Woods ~dge Road interchange is included in ~irginia Department of Trunsportation's (VDOT~s) Six Year Tmprcv~me~t Plan for Chesterfield County; and ~E~AS, VUOT bas conducted a public ~ea~iug on the 1-95/Woods Edge Road interchaDge ~e$1gn. NOW~ TH~OR~ ~ IT RESOLVED, that the Chesterfield County Board cf Supervi~or~ ~upports VDOT' s 1-95/Womdz Edge Road interchan~ design. A~D, DE IT FURTHER RESOLVED, that the ~oerd requests VDOT to proceed with the reconstruction of the interchange as guickly as possible. on motion of ~r. McRal~, sssonded by Mr. Barber, the Board adopted the following resolution: ~EREAS, Mr. Charles E. 3ohnnen will re%ire from Chesterfield County's Departnent of Utilities on July 12, 1996; and 96-448 WR~R~AS, Mr. Johnson began his public service with Chesterfield County on July 1, 1966 as Plant Operator at the Palling creek Water Treatment Plant and was promoted to Chief Operator at Swift Creek Water Treatment Plant in 1969; and Chief Operator for twenty-seven years; and WHEREAS, ~r. Johnson ha~ shown an uncommon degree of professional competence and has shouldered the responsibility of am~urlng the proper operation of the Swift Creek Water Treatment Plant with complete reliability; and WH~A~., Fn~. Johnson set the standard for integrity, l~aderskip, and quality workmanship in his field and ~es freely shared his skills and expertise with co-workers and visitors; and WHEREA~, ~r- Johnson voluntarily educated ~taff about wa~er treatment tecMnology ~o that they may continue to perform the highest level of service that has distinguished the Swift Creek Water Treatment Plant? and WHEREAS, Mr. Johnson was an essential part of the te~m that helped Swift Crexk Water Treatment Plant become recognized fucilitixs in the Stat~; and and educating thousands of Chesterfield County's children on drinkin~ w~ter and on treatment Dlant opemation~ and by helping thous=nds of customers with their water concerns and his expert advice has been instrumental in maintaining the confidence and trust of th~ public in the safety and quality of our public water s~pply. ~OW, THEREFORE SE IT ~ESOLVEO~ that the County Board of Supervisors publicly recognizes Mr. Charles E. of Che~terfleld County, their appr~iatio~ for hi~ thirty of exceptional service to the County. AND, BE IT F~THER RESOLVED~ =hat a copy of this resolution b~ presented to Mr. Johnson and that the resolution be permanently recorded among ~he papers of t~is Board Sup~rvi~or~ of ~esterfield County, Vote: Unanimous 9.D.2.a. NOMBER TWEnTY-SIX TO SALE CONSTRUCTION COHPA/~Y FOR BENS~EY FIRE ~T~TiON approved Change Order Number 25 with Sale Construction company~ in the amount of $1M,677, for R~nslay Fire Station, and a~Dropriated $7,729 in Risk Management reimbursement. 71~4196 9.D.~.b. ND~BER R~VEN TO EATEN A/~D SAWYER .~OR THE "PHASE T ENGINEERING SERVICES - IMPROVEMENTS PO~ WITH SAFE DRINKING WATER ~CT AMENDMENTS" P~O~ECT On motion of Hr. McHale, seoondad by ~. Barber, the Board approved dha~ge OEde~ Num~er 7 with Eazen and sawyer, in t~e ~ouBt of $54~000~ for t~e "Phase I Engineering Services - Improv~eDts for Compliance with ~a£e ~rinkin~ Water Act Amendments" Project. (It is noted fund~ are available in the ~rrent capital improvement budgmt.) Vote: Unanimous ~PPRDPRIATIO~ OF THRE~ ~T R0~D FUND~ DISTRICT FOR CONSTRUCTION ~D INST~LATION COSTS FOR A~ HISTORICAL MARKER FOR THE CLOVER MINES On motion of Mr. McMale~ seconded by ~ar~ Barber, the Board tra~mZmrred $1,~00~ ~ro~ the Matoaca District Three Cent Road Fund, to th~ Department of Parks and ~creation, to ~ay % =onstmuctlon and inst~llation of an historical m~rker for the · Clover Hill Mines. Vote: Unanimous ~$~H ANNQ~L NATIONAL NIBHT OUT ~IC~OEP EVENT On motion of ~. MoHalk, ~conde~ by PLT. Barber, thc Board transferred $800, from the Midlothian District Thr~ Cent Road Fund, ~o the ~olice Department, t~ defray costs of sponsoring the t3th Annual National Night Out Kickoff event. APPROVAL OF FOUR NEW POSITIONS IN THE IN, ORaTION Departments. (It is noted no additional funding for these De~itione is being requested and f~nding is available in the ~.D.5. ~HTHORt~ATION FOR POLICE DEPAKTME~T TO PROCEED MITH On ~otion of Nm. MoRale, ~econded by ~r. Earbar~ authorized the Police Department to proceed with hiring six full-ti~e officers approved ~cugh th~ COPS Universal ~iring Grant and appropriated additional revenue, in the amount of $16~,$O0, to the Police Department expenditure accounts. (It is noted action includes the creation of six new po~ition~.) Vote: Unani~ou~ 9S-450 on motion of M~. McHale, seconded by Mr. Barber, the Board approved an ~otertainment/musical festival permit to the C~ssterfield County Fair Association for the annual August 31, 1996~ ~ubjset to a~prcpriate conditions imposed by staff. R.D.7. STATE ROan ~CCE~T~NCE This day the County Environmental Engineer, in accordanc~ with directions £rom this Boar~, ~sde report in writing upon his. examination of the roads in River'~ Cr~t, $~ction 1, Bermuda District, and Whet=as, the Resident Engineer for the Virqini~ Department of Transportation has advised the Dire~ter of Environnsntal Engineering, the s~reet (s} in River's Cr~st~ Section 1, Bermuda District, meet the requirements established by th~ Subdivision Street ~aquirements o~ the virginia Department of · Transportation, ~nd W~ereas, the County and the Virginia O~par%ment of Transportation have entered into an agreement, recorded in D~ed Book 24~3, Page 405~ January ~ 1994, fc~ all stermwater detention/retention facilities ~s the County. Therefore, upon consideration whereof, and on motion of Me~als, seconded by Mr. Barber, i~ is resolved that the roads ia River's Crest, Section 1, Bermuda Die,rich, be and they hereby are e~tablished as public reads. And be it further resolved, that the Virginia Department of Transportation~ be and is hereby requested to take into the Secondary System, pursuant to Section 33.1-229, cads of virginia, and the Department's Subdivision Street Req~irements~ the following~ Name of Street: Rivervi~ brive Length: 0.18 mile From: Intersection of Riverview COUrt, State Routs 746 To: ~non church Road, State Ruu~e 746, 0.38 ~ile waut of Point of Rocks Road, state Route 904 Guaramteed Right-of-Wuy Width: ~0 feet. Name o~ Street: Riv~rview Court Length: 0.1~ From: End of permanent cul-de-sau, 0~10 mile west of Rivervi~w Drive To: Beginning of temporary cul-~m-sac, 0.02 mile east of Riverview Drive G~aranteed Right-of-way width: 50 feet. This request is inclusive of the udjacent slope, sight distanoe, clear zone and designated Vir~ini~ D~partment of Transpertation d~ainage easements i~ica~ed on the development ~lat. Them~ roads ser~e 13 lots. Thi~ ~sotio~ of'Rive~ S Craut is recorded as follows: Section 1~ Deed Book 78, Pagem 6~ ~, and 64, July 1~ Vote: Unanimous 96-451 This Gay the Cnunty Environmental Engineer, in accordance with direction~ fro~ this Board, made report in writin§ u~cn axaminatlcn o~ the road in Hamp~tead Pleoe~ Section 2, District, and Whereas, the Resident ~nginser for the Virginia Depart~n~ of Tra~eportatio~ has advised the Direeto~ of Environmental Engineering, th~ ~treet in Hampstead Place, Section 2, Bernuda District, meet~ the requirements established by the Subdivision ~tr~t R~quirements of the Virginia Department cf Transportation, and Whereas, the County and the Virginia D~partment of Transportation have entered in~o an agreement, recorded in Deed Bock 2453, Pag~ 405, January 11, 1~94, for all stormwater de~ention/retantlcn facilities in the County. Therefore, upon consideration whereof, and on motion of McHale, seconded byMr. B~rber, it is resolved that %he road in Harps=sad Place, Section 2, Bernudn District, be and it hereby is established am a public road_ And be it further remolved~ that th~ Virginia Department of ' Transportation, be and is hereby requested to take into the ~econdary Symtem~ pursuant to $~otion 33.1-229, Code Virginia, a~d the Department's Subdivision Strict Requirements, th~ following: Rams of Street: 01~ Hampstsad Court Length: 0.16 mile From: End of permanent sUl-de-uac, 0.11 mile south of Old Mampstea~ Lane, State Route 4963 Intersection of O~d Hemps%sad Court, State Route 4962, and Old Hempete&d Lane, Guaranteed Right-of-Way Widtht 50 feet. This reqllest ib inolusive of thx adjacent slope, distance, clear zone and desi~nag~ virginia Department of Transportation drainage easements indicated o~ the d~velopment pla=. This road serves 19 lots. This section o~ Ha~pstead Place is recorded as follo~s: Section 2, Deed ~ook S4, Pa~ee 6 end 7, April ~5, 1994. Vo~e: Unanimous On motion of Mr. McHale, mecended by Mr. Barber~ the Board approved a don~tion, in the amount of $25,000, tu the Richmond Chamber of co~merce, ts promote the construction of Route 188 and transferred $25,000, from the General Road Improvements Account, to fund the request. Vo~e: Unanimous 9.D,9, APPROVAL TO INITIAT~ C~PD ZONIN~ APPLICaTiON FOR BON on motion of Mr. MoHale, s~ccnded by Mr. B~rber, the Board initiated a CURD Zoning Application for Ben Air Baptist Church. 9,D.10.a. FROM ER. AND MRS. ROBERT N. PENTERSON TO dON~TRU¢? A RETAI~ING WALL. ~IDEWALK. ~N~,,DRIVEWA¥ WITHIN AN On motion of Mr. McHale, seconded by Mr. Barber, the ~oard approved a request from Mr. and Mrs. Robert N. Pentersen to construct a retaining wail, sidewalk, and ~riveway within an e~i~ting variable width sewer and drainage easement, subject to the execution o~ a lieen~ agreement. (I~ is noted a copy us tbs vioinity sketch is filed with th~ papers of this Board.} Vote: Unanimou~ FROM THE ASHMONT CO~ANY TO CONSTRUCT A RETAINING ~WALL AND DRIVEWAY WITHIN~-NRXISTING V~RIABLE WIDTH ~EWE~AlqD D~INAGE EA~F~E~T On motio~ Of ~r. ~cHale, seconded by M~. Barber, the Euard approved a request from the Ashmont Company to construct a rgt~ining wall, and driveway wi=~in an ~xistisg variable width ~ewer and drainage easement, subject to the execution off ~ li~e ag~gement, (I~ is soted a copy off ~e vicinity ~ke~ch i~ filed with the pape~ of ~hls Board.) On motion of M~. ~cHale, seconded by Mr. Barber~ th~ Board approve~ a reques~ from F, W. and Virginia T. Woedf~n to install a private sewer ~ervic~ within & fifteeu fOQ% pxivate sewer easement for a rssidence off Twilight Lan~, ~ubject to the execution and r~cordatien ~f an aqree~n~ acceptabl~ to the Coun=y Attorney. (It is noted a copy of the plst im filed with the papers of this Board.) Vote: Unanimous On motion of ~r. ~¢H~le, seconded by Mr. Barber, the Board aco~pted, om behalf of the County, %he conveyance of a parcel of land containing 0~Q$O acres along th~ west right-of-way line of Winterpoek Road (State Route 621), from ~anchester Volunteer Rescue Squad, and authorize~ the County Administrator to execute the neoessary deed. (It is noted a copy of the plat i~ filed with the pap~r~ ~£ %hi~ ~eard.) INCORPORATED On motion cf FLr. McHsle, seconded by Mr. Barber, the Board accepted, on bohalf of the County, the conveyance of u parcel of land ocntuininq 0.027 acres along Burgs Avenue (State Route 1470), from Richard W. Bailey, Incor~erate~, and authorized the County Administrator to ~x~oute the nece=~ary d~d. (It is noted a copy of the plat is filed wi~h the papers of this Board.) Vote: Unanimou~ 9.D.11.s. ALON~ ROBIOUS RO~D FROM ROBIOUS MOB of land containing 0.1~6 acres along Robicu9 Road [S~at= Rout~ noted a copy Of the plat is filed with the papers of this Vo=e: Unanimous On motion of ~r. MdHale, seconded by ~r. Barber, the Boar~ accepted, on behalf of the county, %ho conveyance of a parcel of land CCntaihing 0.096 acres along Eant Hundred Road {Route 10) from Imtiaz R. Kapadia, and authorized the County Administrator to execute the necessary dse~. (It i~ noted a copy of the plat is filed with the papers of thim Board.) Unanimous On motion of ~r. McHale, ~econded by ~r- ~arber, t~e Boar~ acoe~ed, on behalf of the County, the conveyance of a ~arcel of land containing ~.33 acres east of gou~o ~ from A. Le~ ~anbury and'uuthsrizsd the County Admini~trato~ to execute the necessary deed. {Ih is notsd a copy of th~ ~la~ is filed wi~h the Dupers of thi~ Board~) Vo~e: Unanimous IMPROVEMENTS AT THO~L%S DALE HIgH ~CMOOL PROM DOROTHY B. CNEWI~ING ch~wnlng; transferred $57~000 £rom the Sohool~ Capital Project Unanimous 96-454 On motion of Mr. McHale~ seconded by Mr. Barber~ the Board approved the purcha$~ of a parcel of land with imprevementa alonq MeadawvilIe Roadr from Hr- Robert H. Tucker, Sr. and Ms. Kelly W. Tucker, and appropriated $185,100 fram the Industrial Park Reserve Aaaount~ (It i~ noted funding for t his purchase and associated closing coats ($1oo) is available in the Industrial Park Re~erve Fund.) Vote: Unanimous 9.D.14. ~PPROV~ OF UTILITY CO~TK~CT FOR THE DRY CREEK OFFSITB On motion of Mr. McHale, seconded by Mr. ~arber, ~he Board approved a utility Contract for ~he Dry Creek Offait~ to Ma~pton Park Project which project includes 202 L.F. ~ of ~l", . followm and authorized the County Admlnlmtrator to execute Develope~: Ottardale Associates Contractor: R.M.C. Contractor~, Incorporated Contzaat ~/~oun~: Estimated Total $231~2R8.66 Total Estimated County Cost: ~am~awa%er (Overa~zing] $ 60,~62_95 (Refund thru connections) =s~imatad Developer Cost: $170,865.71 Code: (Overmizing) 5N-$72V0-E~C Dianria~: Matoasa Vote: Unanimous 9.D.15. AET~ORI~TI0~ FOR ¢OUI~T¥ AD~INISTKATOR TO E~TER IN~O LEASE AGREEMENTS 9.D.15.a. FOR T~ COALFIELD SOCCER COMPLex FOR 1997 authorized th~ County Administratom to enter into a la~ae $~4,000, for ~he coalfield sooser T0mplex for 1997. Iii i~ noted funds ars available in the Parks and Recreation Operating Budget. Vot~: Unanimous 9.D.15.b. FOR USE OF OFFICE ~PABE [~PrIL COMBLETION OF TH~ On motion of Mr. McHale, seaonded by Mr. Barbe~, the Board authorized the county Administrator to ent=r into a lense agreement, in the amount c~ $1,200 per month, for the U$~ of off~ee apao~ by Firs Administration ta provide service until completion o~ th9 centre Pain= Fi~e ~%atiun, ~ubject to aDDro~al by the CO%k~ty Attorney. (F~nds are available in the Fire Admlni~tration ~udget.) Vote: Unanimon$ 7t24f96 ~6-455 9.D.16. ABRROVAL OP OPTIONS OF PARCELB UP 9.D.16.a. THE NEW LARRADE LIBRARY SITE On motion of Mr. MoKale, seconded by ~r. Barber, the Board approved an option on a parcel of land containing 7.5 acres, more or lese~ lying north of H~ll Street Road and west of ~ick~ Road, ~n the amount of $2,500 per month, for the new LaPrade Library site, and authorlzsd the County Administrator tc e~ecute the option agreement. Vote: Unanimous 9.D.l~.b. THE NEW CHRSTBR LIRR~J~Y ~IT~ O~ ~otion of Mr. MaNale, eeconded by Mr. Barber, the Board a~proved an option on a parcel Of land containing four acrem~ more or lams, lying north of Route I0 west of C~ntre Street ~nd part OS ~he Chester Villsge Plan~ for the mew Chester Library site, and authorized tbs County Administrator to execute the option agosament. POLICE KUTUAL AID JOINT AVIATION ~GR~EM~NT BETWERN RICHI'ICND On motion of Mr, McHale, seconded by Mr. Barber~ th~ ~o~rd authori=ed the County Administrator to execute a Police Mutual Aid J~int Aviation Agreement between Chesterfield and Henrise Counties and th~ City of Richmond. (It is noted a copy of the A~raement i~ filed ~ith th~ papers of this Board.) Vote: Unanimous 9.D.1B. A~PROVAL OF A NEW ~O~ITION FOR THE JI/VBNILB DETBNTI~W HONE On mo=ion of Hr, McH~le, mecond~d by Mr. Barber, the Beard approved the creation o~ a new Detention Home Aide position to be funded annually by USDA Grant and appropriated USQA Vote: Unanimsus NAMING THE PUBLIC ~.~'E~ TRAINING 0~TER T~ ~EANE~- Juseph E. Pittman, Jr., provided over ~ix~y years of public naming the Public Safety Training center is a small thank you and tribu=e far their dedication to the County. He recognized Chief F. Wesley Dolezal; the new Fire Chief7 who'we~'~r~ent~'at =he meeting, and commended him for assuming the leadership of Fire Chief. On motion of Mr. ~¢Hale, seuon~ed ~y ~. Barber, the Board WHEREAS, Chesterfield County has been fortunate that colonel Joseph E. Pittman, Jr., retired Police Chief, and Chief Robert L. Eases, Jr., Pire Chief, have provided over sixty- 7/24/96 eight years of service %o the county in the area of public safety7 and WEEREAS, Chief Pitt~an came to the County aea Dispatcher on June 6~ 1957 ~nd became Police Chief on June 1, 1975 and Chief Eanes began him career with the County as a Flee Ma=shal on July 1, 1966 and was appointed to Fire Chief in 1968; and WI~EREAS~ under the leadership and direction of Chief Pittman and Chief Eanes, Chesterfield County is recognized as having one of the best public ~af=ty operations in the nation; and WE~R~AS, it is a known fact that the County's public safety employees serve the most citizens, cover the mo~t territory, and have the highest results with the fewest employees of any comparable jurisdiction; and W~EREAS, the chesterfield County Police and Fire D~p~rtmen~s have a reputation of collaborating, coepera%ing, and working together for the ~ommon g~od of the citizens o~ our County; an~ WHEREAS, through vision an~ foresight~ Chief Pittman and Chief Eaneu predicted the need for a training center and daoi~ to build a joint police smd fire facility -- something unprecedented at the time this decision wan made; and W~R~AS, through Chief Pitt~an'~ and Chief ~anee~ coordinated planning efforts, the Public Safety Training Center was opened in 19~4 %o allow for ~×cellent educational oDDo~tunitlea an~ ~ supportive environment for the County's public safety personnel; and WHEREAS, trainees receive the ~est advanced and sgeciallzsd training available to pubtio safety personnel; and WHER~AS~ the Public Safety Training Center now serves other County ~epartments, particularly th~ County's Total Quality Improvement training needs and also serve~ as a training site for other jurisdictions and State and federal NQW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly reoognizes the leade:shlp an~ ~edication of colonel Josep~ E. Pittman, Jr. and Chie~ Robert L. Eanes, Ur. by naming the County's =raining facility the "Ean~-Pi~tman Public Safety Training Center". ~D, BE IT FURTHER RESOLVEQ, that a copy of this re~olution b~ presented to Chief Pittman and chief Eanes and ~ha% thi~ resolution be permanently recorded among the paper~ of ~i~ Roar~ of Supervisors of Chest=rfiel~ County, V~rg~nia. Mr. Styllan ~arth~os, s~nier Assistant County Attorney, in 1993 the county contrasted with Forterra Corporation, a Virginia B~ach eenstruction company, te ~uild the new Utilities B~ilding. He stated the building wa~ c~mpleted in the fall of 19~ ~ev~al ~onths behind schedule, due to ~o~e design changes for which the County ha~ responsibility under the contrast. Ke further stated the County and Forterra agreed 7124/96 that Forterra was legally ~ntltl~d to some modest additional cempensatie~ for expenses incurred a~ a result of spending extra time cn the project. Ne ~a~ed two years ago, ~ke County negotiated offers between $20,060 - $~5,000 to Forterra, however, ~ince that time, Forterra baa increased the value of it~ claim several times to it~ current amount of $32~,000. He further stated after review the claim, staff feels the true value of Forterra~ claim is somewhere b~t~ee~ For~erra'e original $4~,000 request and ~taff's $20,000 e~fer. He stated staff reco~t~%~d~ that gortarra'~ claim b~ de~ied d~e to the e~oe$oive amount of t~e claim. He further ~tated Forterra attsrn@y'~ contacted him this morning aD~ indicated that they would not he a=tendin~ the meetin~ thim evening. No one was pressnt at the meeting on behalf of Fo~te~ra Corporation. On motion of Mr. McHale, seconded by Mr. Barber, tAe ~eard denied a Claim from Forterra Co~porution, in the anou~t Cf ac=opted the following reports: Projects; ~i~trio~ Road and Strew% Light Fundm; ~nd Lease Rsu~e 611 (Kin~sland Read) - Defined in Pro,oct ~ketch -o.o~ ~i Route 641 (Beulah Road) - De£ia~d in Project Route 893 {Wilmoth Drive) - Defined in Project Sk~ch Pro%eot 010-020-110, ~eu%e 7~ (omo Road) Pro4ect 010-020-110. ~oute ~11 (Kingsland Road) Sketch C904 - Segments 1.3 CEffective ~-6-96% - D~fin~ in Projeo~ LENGTH C~03 - S~qment 3 (Effective - Defined in 9roj~ot 0.04 Mi 96-458 ?f~t~B P~ogeot 010-020-I10. C503 - Segment 4 reflective Route 641 (Beulah Road) - Defined in Project Sketch 0.04 Proiect 0i0-020-110. c504 Route 808 (Omo Road) - Defined in Project Sketch 0.02 Mi Proiect Ol0-020-k.lO,' C504 - Route 739 (Omo Road) - D~fined in Project P3%sj.~D~ 010-020-110, Sketch RELATING ~0 SPECIFIC LE~A~ ~TT~E I~OLVINO (1) T~ TO ~OTION 2.1-344A.3. TO DISCUSS T~E ACOUISITION O~ REAL On motion of Fi~. ~¢Hal~, seconded by Mr. Barber, the Board went into Executive Ses~±ons PuTs~ant to Section 2.1-344A.7.~ Code of Viruinia, 1~50, aa Amended, for Consultation with Legal Counsel fo~ Advice Relating to Specific Legal ~atters Involving (1) %h~ Construction o£ Canter Pointe Fire Station and (2} a Clai~ fur Damages to a Roadway Owned by the County and Pursuant to Section 2.1-344A.3. to Di=cu~ the Acquisition of Real Estate in the Bermuda Magisterial District for Public Park voze: unanimous R=convening: On motion of ~. McEale, seconded by Mrs. ~umphrey, th~ Board WE~R~A$, the Beard of Supervisors has this day adjourned into Executive Session in accordance with a fo~mat vote of the Board and in aooordance with th= provisions of the Virginia Freedom of Information Act; and W~EREAS, the Virginia ~resdom of Information Act effective July 1, 19~9 provid~ for certification that such Executive Session wa~ conducted in conformity with law. NOW, T~R~EOR~ B~ IT RESOLVED, the Board of Supervlsor~ knowledge, i) only public business matters lawfully exempted Act wer~ discussed in the Executiv~ ~ession to which this certification ap~llea, and ii) Only such public buslneeo mettero as were identified in the Motion bywhich the Exe~utlve Session was Convened were dissents from this certification. Vote: Unanimous Mrs. Humphrey recognized ~r. JeroDy K¢¢lure, Mr. Herin Miller, and M/c. $teven Olsen, all of Boy Scout Troop 870, who pr~ent at the m~ting, 13. DINNER Om motion of ~r. Barber, ~eeo~ded by Nrc. Humphrey, the Board recessed to the Administration Building, Room 502~ for dinner. Vo=e: Unanimous Reverend Penn Leach, A~moeiate ~inist~r c~istian Church, gave the invocation. of Countrywide ~J4ERICA Chief Dole~al led the Pledge of Allegiance to the Flag of the United ~tat~s of America. On motion of Hr. He.ale, seconded by ~r~. Humphrey, the Board ~uopended its r~les to emend the agenda and moved Item 17.~., Public ~erlng to Consider an Agresmen= Su~ordinatlng Reversion Cleu~e in the Deed from the County of Chesterfield an~ th~ Chesterfield Health Center Commiaslon Which Conveyed the L~oy Csrr Nursin~ Nome to t~e P~opuuud Nursing ~ome Expansion Finencing, to ~mmedia~ely follow =~io I%om, and moved Ite~ 18.E.~ Rezoning Case 86SN0249~ to follow Item NURSING HOME EXPANSION ~INANcI~ ~r. Micas stated this dace an~ ti~ has Deem advertised to eon~ider an egreement subordinating the reversion Ol~$e i~ =he deed from the county of Chesterfield and the C~esterfield Health Center Commission which conv~yed %he Lucy ¢orr Nursing Home ~o the proposed Nursing Nome o~pan~ion financing. He further stated becaus~ negotiations have not been oonoluded beBween the NealtR Cen~er Co~ission, the Housing ~nd Urban Development Department, end the Hospital Corporation of Amnrice~ bond a~torneys have advised that they will not attempt to close any loans' until september; 1996; H~'otated- d~'tO .... %hat reason~ staff is requesting that the Sourd defer this in~ue until its August 2S, 1996 meeting. ~o one came forwar~ to speak in favor o~ or agalns= the deferral. 96-460 On motion of Mr. MoHele, secsnded by Mr. Barber, the Board rever$io~ clause in the deed from the County of Chesterfield the Lucy Corr Nursing Nome to the proposed Nursing Nome expansion financing until August 2S, 1996. Vote: Unanimous 18. RBOUESTS FOR MOBILE HOMES ~/~D REZONING PER/~ITS amendment to Conditional Use (Ca~e 925N0205) te permit the r~¢eiving ~nd proce~in~ of ferrou~ met~l~ ~t ~n existing reclamation receiving ~enter. The density of ~uch amendment will be control!ed by zoning conditions cr ordinance stsndard~. commerolal/industrial corrldsr use, This request llss in a Gemaral Industrial (I-2) District on 33.1 acres Rncwn ae 14500 Jefferson Davis Highway. Tax Map 133-11 (1} Parcels ~ and ~0 ($~eet 41). Mr. Jacobsen stated he has received written n~tifioation from ~r. ~ruoe Brenner, Presidsn~ of cycle Systems, wi~hdrawlng ~oning Case 968NG249 at this time. When asked, Mr. Micas stated the applicant has the right to withdraw his request, without ~oard action. ~r, Daniel stated he has reasived many phone calls and letters regarding thus request and that time did net permit him to return all the phons calls. Mr, McHale stated h~ received a let uf input from citizens on this request and that he will be notifying everyone aver the next s~vsral days regarding tho outcome cf this request. phone calls regarding this request, apologized for not having the time to re~urn all =slls~ and mtatad ~ha will be ~akin~ every ~ffort, over the next we~k, to contact the remainder of her calls. She expressed appreciation to everyone for their input into this request and for attending the meeting. It was generally agreed to recess for five minutes. 15. RESOLUTIONS ~kND SPECI~L RECOGNITIONS i~,A. REUOG~I~I~G FRIENDS OF THE LIBRARY ~r. ~asden in=reduced Dr. Wagen~neo~t, Director of ~he Library, and ~s. ~ary Ann Sermon, ?r~i~ent of Friends of Library. ~s. Harmon stated the Friends of ~hs Library's Summer Rs~ding Program ha~ attracted IO,0O0 readers with numbers still rising. Cbs ~urther stated the Frlend~ of the Librsry have entered into a partnership with Bell Atlantic to publish an anthology cf the winning essmys, along with e~cerpts fro~ other o~tata~ding writings that develops from the ~5th anniversary essay contest. She stated white maintaining an operating budge~, the Friends cf the Library also accumulate funds ts be svailsble for pro,eats that will make an impact on the entire Library System. staff, they have identlfi~d a new electronic research and retrieval system that fits thim criteria, she stated the Friends of the Library are making available $30,000 to be used to purchase the hardware required to support a new on-line servicm with access to the full text of 1,000 magazines, journals, and health pamphlets and briefly reviewed the service. She Dre~ent~d a book bag to each of the Board members containing a copy of ~he $30,0Q0 check. She recognized several memb%r~ of t~e Friends of the Library who were present at the meeting and expressed appreciation to then ~or making thi~ donation po~slhl~_ She preeented a check, in the amoun't of $30,000, to th~ Board, o~ behalf of th~ Friand~ Of the Library. (It is noted the Board officially accepted and appropriated the donation,) Mr. Daniel expressed appreciation to th~ Friends of the Library for their contribution and for gheir continued support of the Library. He stated ~his afternoon, the Board of Mupervimors ! pe~ed a re~olution requesting the Circuit Court to order an · election authorizing the County to contract debt and issue will gO ~o~ard$ Library services, upgrades, and technology extended se far sore other issuee, that the Friends of the Library would liked to have ~eu on tho ballot, will not be placed on the November ~allot. Nr- RoLar~n introduced Mr. Warner Gutmann, U.S. P~esident of PARI Reepiratery Equipment, Incorporated, who wa~ presen~ to receive the resolution. On motion of the Board, ~he following remolution was adopted: WH=RBA$, ~he Chemterfield County Board of Supervisors established a Business Appreclat~on and R~cogniticn Award recognize e×ieting businesses within the County that contribute to the County's economy and its citizens; and observed its forth anniversary in Chesterfield County in-·I~96, 15,000 square feet7 and W~EREAS~ PARI Respiratory Equipment, Incorporated is le~ding manu£ac~ur~r of respiratQry equipmen~ far medical uses in the world tod~y7 and WHEREAS, during its four years in Ch~st~rfield, PARI Respiratory Equipment, Incorporated has increased employment fro~ two people to approximately fifty; and WHEREAS'/ PA~RI i~ a co~unity-m±nded corporat~om-and~helps~ aupper~ the Chesterfield County community and medical community by contributing to charitable institutions such an the Virginia NOW, T~PEPORE BE IT RESOLVED~ =hat the Chesterfield County Board of Sup~rvlnors h~r~by expresses i~s gratitude, be~atf of Chesterfield County~ to PARI Respiratory Equipment, Incorporated for their sany contributions during i~s short tim~ hare. ~6-462 AND, BE IT FU~TM~R R~$OLVMQ, that the soard of Supervisors publicly recognizes PARA Rmmpiratory Incorporated as the 1996 Small Bueinee~ recipient of "Chesterfield County Bumin~mm Apprmciation and Vote: Unanimous Mr. Daniel premant~d the executed remelutie~ ~o Mr. G~t~a~ expressed appreciation for their contributions to the County, congratulated him on tbei~ cuts%ending a~hi~vements, and wished him well on his return to ~ermany. Mr. Goodman expressed appreciation for the recognition. CHESTERFIELD COUNTY Chi=f Dolczal introduced District Chief ~ack K- Eggleston of Phillip= Volunteer FAre Dapar~men~ who wa~ pre~ent to receive th= resolution. On motion cf the Board, the following resolution was adopted: WHeReAS, the Phillips Volunteer Fire Department was ineorpcrate~ in 1974; and WHEREAS, ~n 1975, a qround-breaking was held for Phillips Shirley Albriqht Phillips, to serve the c~tizens north and northeast to Pocahontas Park, no~thwce5 5u Phillip~ Store, east W~R~A$, within the Phillips Volunteer Fire Department's objective shall be to preserve and protect life an0 property during fires that may scour within it~ ~asignated area amd to a~i~t th~ ~urroun~ing communities; and WH~AS, ~r. J~ok ~. ~ggleston became Dis~rict Chief eS given of his tim~ to provide leadership :o t~e membership since this date. County Board of Supervisors publioty recognizes the efforts of Die%riot chief Jac~ K. Eggleetcn and the members of the ~hillipn Volunteer Fire Department, Company 13, expresses their gratitude and ~{ncera ~ppreciatisn for their commitment and contributions to the safety and well-being of the citizens of years of volunteer service. AND, BE IT FURTHER Rt$OLV~D, that a copy cf this resolution be presented to the P~illips Volunteer Fire Department and that this r~solution b~ permanently recorded a~ong th~ papers of thie Board of Supe~v±sore of c~esterfield County, Vlrqinia. Vote: Unanimou~ Nr~. Humphrey prenented the executed ~e~olution to ckief Eggl~ston, accompanied by members of kia family, e~pr~ssed appreciation tm him and ~embers of the Department for their dedication and commitment to the safety of the citizens of Chmet~fi~ld C~nty, 16.D. RECD~NI~IN~ TH~ ~TTRICK-~TOAO~ JA~C~S ~OR THEIR E%~rick-Mataaea Jayoaea, who was Dre~ent to receive the on motion of the Board, th~ following resolution was ~THEREAS, the ~ttrick~atoaca Jaycees has been a vital the betterment ~ thia community through its involve~ent in an~ its affiliated ~tate and local organizationa, have aeide the ~hird week in January to ubuerYe th~ founding of the organization in ~OW, T~REFORE BE IT RESOL~, tha~ ~he Chesterfield Matoaca Jaycea~ are vital to th~ continuation of the success of AND, BE IT FURTHER R~S0LV=D, ~ha% a copy of ~his this resolution be permanently recorded among %he ~per~ of 17.A. TO CONSIDER AN ORDIEAECE AkiENDING SECTION 8~43 O~ THm OODE OF TNX COUNTy OF ~HEST~R~I~LD. 117~, AS A~NDED TS INCREASE THE RATE OF THE TRANBIRNT Mr. ~icas stated t~is date and time ha~ been scheduled for a public hearing to consider an ordinance ~o increase the rate of the t~an~ient occupancy tax. He f~thur stated the purpose of th~ increase is to expand-ad~itiona,I-fundsfor.~thspromo=ien:of ~eono~io development and tourism in the Richmond ~rea. ~e noted th~ City of Richmond and Henricu County Aave adopted the increase and Eano~e~ Ceunt~ is considerin~ the change thi~ A~gust 1~ 199~ end will generate additional taxe~ of approximately $94~,20Q from August 1 until June 30, 1997. Ne one camm fcrwar~ to sDeak in favor of or against thi~ ordinance. 96-464 Mr. Daniel state~ this issue is a regional project and that Mr. Ramgeys along with other Administrators, are currently working on an operational plan that will make the expansion of the convention center a reality, withou~ any cost to local taxpayers. Mr. Ramsey stated the expansion of the convention center will move the Richmond metropolitan area into a higher tier marke~ for attracting conventions and tourism. Ne further stated the taxes collected by the hotel industry will pay for the cost of the expansion. Ne stated the issue is contingent upon an appropriation o~ state funds which will be sought during th~ 1997 ~eneral Assembly. When a~ked, he stated the hotel industry is' in agreemen~ with the tax increase. On motion of F~r. Daniel, seconded by Mrs. Humphrey, the Board adopted the following ordinance: AND R=ENACTING SEC~ION 8-43 R~LATI~G TO Chesterfield County: (1) That ~ection ~-~ of the Cod~ of the County of Chesterfield, 1978, es amended, is amended and reenacted to r~ad ag follows: Se~, 8-4~, Impose~; amount. Pursuant to the provisions ef Code of Virginia, sections 58.1-3819 and 58.1-3823, there is hereby imposed on each and every transient a lo4ging tax in th~ amount of mix (6) percent of the total amount paid for room or space rental by such transient te any hotel; hewever, this tax shall not a~p!y to rooms or spaces rented for continuous occupancy by the same individual or group for thirty (3o) days er mor~. Two-thirds of the total tax collected under this mestion shall be that generates tourism Or travel in the Richmond met~upolita~ (2) That this ordinanue shall besoms effective on A~guat 1, 1996. V~te: Unanimous Mr. Ramsey recognized Dr. ~oward Sullins, past Chesterfield County school Superintendent, who was present at the meeting. i?.B. TO CONSIDER ~/~ ORB~N~NCB TO ~3~END THE CODE OF THE TAX YEAK FO~ ~OTOR VE~ICL~S Mr. Hammer stated this date and tim~ has b~en advertised for a public hearing to consider an ordinance relating to the license 7/~4/~ 96-4~5 On Motion cf ~r. Barber, seconded by Mr. Warren, the Board adopted the following ordinance: ~-N ORDINANCE TO ~IEND THE CODE OF THE COUNTy AND REENACTING SECTION 19.1-23 RELATING TO LICENSE TAX YEAR FOR MOTOR VEETCLES BE IT ORDAINED by the Board of Supervisors Of Chest~r£ield County: (1} That Section 14,1-23 of the Code ef the County of Chesterfield, ~978, as amended, is amended and reenacted to read as follows: year. License pla~es for a preceding year may bs used without penal=y during the month of July cf a en~rmnt license year. (2} That this ordinance ~hall become effective i~mediately upon adoption. LIO~Ns~ TAXATION Mr. ~tegmai~r sta~d ~hi~ d~ue end tim~ has been advertised to consider an or~inance relatimg to business license %axe%ion and float the proposmd ordinance provides ~hat any business which generates less than $~0~,000 in gross receipts in a year is exempt from business liosnss taxation. He further stated b~einesses providing professional ssrvices will be limited under the ~ew ~ode an~ many ~usinesses who were previously taxes as professional service businesses will now ba taxsd in oth~r categories at lower tax rates. Ne stated the ordinance will redefine business location for ta×~tion and for wholesale merchants, location ~ill be where goods are invmntoried and not allows taxpayers to calculaBe ~heir g~oss ~eceipts using the same accounting period used for %hair federal ~axes and allows the Commissioner ~f Revenue ~o waive late payment penalties under certain criteria. Me stated under %he proposed ordinance, all contractors, includinq speculative builders and property developers ar~ included under the definition "co,tractors'~. He further state under the nxw State law, taxpayers can appeal ~heir busine~ license ~ax the sta~e Department ef Taxation and obtain rulings from the State Tax Commissioner. Ha then reviewed the proposed fee to %he proposed ordinance that would allow license feem to be assessed per business location rather than per business license. ~o one came forward ta speak in favor Of er"against .this~ o~dinance. There ~as brief discussion relative to quidelinem that will be £ollowad by the Commissioner of Revenue when waiving late payment penalties. When asked, Mr. Carmlchasl sta~ed he concurs with the proposed ordinance and State guidalinem. 7124196 On motion of Mr. Berber, aeoended by Mr. ~cHale, the Board adopted the following ordinanee~ ~N ORDINANCE TO At~END TME CODE OF THE OP C~.$~E~FIEL~, 197S, AS AMENDED, BY APPEALING O~PTER 12 A~D ENACTING A NEW CHAPTER 12.1 RELATING TO EUEINEEE LICENSE TAXATION Cheete~field County: (1} That Chapter 12 of the Code of the County Of Cheeterfield, 197S, as amended, i~ repealed. (2) That Chapter 12.1 of the Cods of the County of Chesterfield, ~978, e~ ~end~d, is enacted to read as ~RTICLE I. IN Sec. lZ,i-I, Dcfinitlons. ~ave t~e following meanings, unless t~e conte~t r~uir~a a different meaning: yea~, except for c~ntractor~ ~ubj~ct to the provisio~s of ~B.1-3715 of th~ Co~e of Virginia. However~ if the income tax returns file~ by the per.on enqa~ad in a business are prepared on a fiscal year basis, the "base y~ar" shall ba th~ fiscal year ~ndinq ~uring t~e calendar year precedinq the lioense shows~ amusements, concessions, eating place~ or riding d~vice~ whether they ar~ owned or opsrated by 4ifferent persons or not, and operated on one lot cT ~treet or on contiguous lots "Commlm~ion m~rchant~' means a pmrson who smlls ~ur another any kind Of goods, ware~ merchandise~ or commodities. commission. ~Contractor'~ means any psrson: (i] accepting or offering to accept 5ny orders or contractm for doing any work on or in any building or structure, r~quiring th~ use of pain~, brick, ~o~ta~, wood, cement, structural iron or steel~ sheet iron, galvanized irsn, metallic piping, ~in, lead, or metel or any other buildinq ~at~rial, {ii) accepting offering to accept contracts to do any paving, curbing or ~ork on sidewalks, ~treets, alleys~ or hiDhways, or public or privets property, u~ing ~sph~lt~ brick, stone, cement, concrete, wood or any compositlon~ (iii> accepting or offering to accept an order for or contract tu excavate earth, rock, or ether material for foundation or any other purpose or for cutting, trimming or maintaining rights-of-way, (iv) ~=c~pting or offerin~ ~o accept an order or c~ntract to construct any sewe~ of stone, brick, terra cott~ or other m~t~ri~l, accepting or o~f~ring %o aocep~ orders or contracts fo~ doing any work un or in any bU~ldiDg or premises involving the e~acting, installing, altering, r~pairin~, servicing~ maintaining electric wiring, devlce~ or applianco~ po~anontly maintaining of lines for %be transmission or di~trlbution of plumbing and ~teamfitting, (vii) accepting or offering to accept contrac=s for fumigation or disinfecting to prevent the spread of disease; or for the eradication or extermination of rate, micm, termites, ve~in, or ~n~ctm or bugs of any kind. 7/24/96 96=467 (viii) acceD~ing or or£e~ing tw accept ordsr~ or contracts for moving any building, or for drilling, boring or digging a well; or for th~ installatlon~maintsnancs, or repair of neon signs, or (ix) accepting or offering to accept contracts for landscaping services, including grading~ seedingt planting of trees or shrubs, m~wlng, and any other lawn maintenance services. Contractors include persons who s~bdi~ide and improve real estate, and gpecul~tive b~il~ers who build houses er otho~ buildings with the intention to offer the subdivided lots or completed buildings for sale. k perso~ Who installs water or sewer systems or roads on his own land with the intent to offer th~ land for sale is a con~rautsr regardless of whether the land i~ subdivided. A per.on who acts as his own prime contractor to build er improve a building whish he intend~ to occupy es his r%sidane~, office or place of shall not be deemed ts be a contractor. "Fl~a market, q~aft show or trade show" means a show consisting of a ~roup Of five or more p~rsons s~lling or off.ring ~or sale, a~ a single location, gQods, wares or merchandise such as hobby crafts, antiques~ art work~, new or secondhand articles, or any estimation of ~hesa. "Fortune teller~ means a person engaged ~n the occupation of clairvoyant, cramiologi~t, ~hrenclogist, card reader~ spiritual fortunes or p~etending to diz~lose mental faculties of within the county. without deduction unless e~pr~scly provided for in this chapter for federal income tax temporary or transient business in the county selling otherwise displays goods or services or informution concerning sell goods, wares and merchandise when the term~ of ~he merchandise. a~ a ~elivery a~ the tlze of for sale at each definite plau~ of business of a wholesale of all goods, wares and merchandise manu£acture~ by any 7/24/96 96-46~ shall include the cost of obtaining the commodities to bs recycled, together with the cost of prscessing the commodities for sale to a conu%ercial, industrial, or institutional user, or licensed with the stale Real Estate Beard through a real estate his own right provided the real estate broker has included sumh estate broker's license tax. professions, persons, animats~ or personal sffe¢%s, in~luding all activities not otherwise subject to llssneure pursuant te other provisions of this chap%st, and includes, but is not limited to, the fsllowing businesses: Accountants (o~spt certified public accountants) Airports (including, but not limited to~ tie-down fees~ Analytical laboratories Auditora Automatic washing machines (ran=lng or furnishing) Beauty parlors Billiard or pool parle~ Boat landings er beat basins Bondsmen Bowling alleys chemis~s Claims adjusters Cleaner of chimneys Cleaner of the outside of buildings Cleaner, maintainer, and regairer of motor vehicles capacity payments] Commercial or graphic artists Dry cleaning Etectrolysis~s Embalmers Furnishsr ef clean diapers ~urnisher of clean linen, towels, work Clothes, coats, ~rni~her of domestic or clerical help, labor, or employment Golf courses Golf driving ranges ' ~on~s for th~ elderly Hotels House cleaning services Impoundment lots Interior decorators Janitorial services Letter writing Locksmitho Manicurists Me,sage practitioners Merchandise Dro~ers Me=lan picture =hem=ers Nursing hemes Packing, crating, ~hipping, cutting, hauling, or meving Photographers Physicians' Picture framing or gilding Preparing bodies for burial Protective agents or agencies Public motor rinks (ge-cart or motorcycle) Public pe~ls o~ bath~ (for admission charges, membership Public skating rinks Pumping out or otherwise emptying septic Reducing salons or health clubs Refuz~ e~vice (hauling) Renting any kind of personal property (except cern±lied short-term rental property a~ d~fined Renting or furnishing hersem or ponies for riding within a Repairing, renovating or servicing any personal property Small 8nimal hcspitalm (for grooming~ boarding~ laboratory only, and excluding radiography, Yaccina=iono, and euthanasia) statistical services Tattoo artists Tax preparation serviee~ (when net pe~£ormed by u certified public Telephone answering services Theaters 96-470 ?I2419~ Ticket, transpsrtatisn, travel, and tour agents or brokers To~in~ motor vehicles Undertakers Warehouses for the storage of any p~r~onaI property or inventory zoos merchandise far any purpose other than resale, but not including sales at wholesale to institutional, com/norcial, and industrial users. In addition! the ~erm "~¢tail merchant" shall includ~ ~v~ry person who is engaged in a rental business as defined in t~is Code. "wholesale merchant" ~eans a person who~ (ii sells to other persons for the purpose of resale only, er %0 commercial, indus:rial, o~ institutional users~ or (ii) is engaged in the ~us~nesa of ¢olIeQtin~ and reey¢ling metal, alloys, glass, plastis, paper, or other commodities. ~e~. ~Z.~-~. License requirement. Every person engaged in a business in the county shall apply · for a li¢~n$9 f~r each zuch business i~ {iI ~he per, on has a definite place of business in the county; (ii) there is no definite place cf bu~inass anywhere and ~he person resides in the ooumty~ or (iii} there is no definite place of business in the county but the person opera,es amusement machines or is classified as an itinerant m~rchant, peddler, carnival~ circus, ¢ontrastor subject to ~5s.I-3715 of the Code of Virqinia~ er public service corporation. A separat~ license shall be required fo~ each ~efinita pl~s of business and for each b~siness. A person engaged in two or more bu~ine~se~ at same place of business may elect tn Obtain one license for all such busines~e~ if all of th~ following criteria are satisfied: {i) each business is subject to iioensure at the location and has satisfied any requirements of state ~nd ¢0unty law; {ii) all o~ ~hs businesses are subject to the same tax rate, or, if s~bjact to different tax re,es, the ~icensee a~rees to be taxed on all b~sinesses at the highest rate; and (iii) the taxpayer agrees to supply such information as th~ commissioner of revenue may require concerning the nature of the a~veral subject to licensure unless specifically exempt by state or county law. (a) All nonprofit businesses which are exempt from federal (b} Every person who is classified as a statutory employee by the Internal Revenue Service shall be ~empt from business licen~ taxes an~ fees on his activities as a statutory Sec. 12.I-4. License ~ees. pursuant to this chapter shall pay an annual fee if t_ke total merchants, from all activities of the business are mare ~uring the base year. An annual license fee shall be paid for each definit~ place of business provided ~at t~e business shall not pay more than a single license fee per plac~ of business regardlges of the number of licenses ~he businss~ must obtain. The annual fee shall be c~lculated a~ follows: $10,066 - $24~999 $25 $50,000 - $74¢9~ $75 $75,008 or ~ore $100 (a] E£fsctlve Januory 1, 1994~ any business ~aqui~ed designated by the Commonwealth of Virginia, shall r~ceiv~ roller, os provided below, of %hose taxes w~ie~ are calculated o~ the increase in grogs r~osipt$ or purchased ove~ the ~uslnaag' gross receipts or purchases during the ba~e year. The bas~ year under this section shall be the calendar year i~me~ia%ely precedin~ the year that the business initially qualifie~ fe~ tmx relief under this section. (b) A business shall r~ceive tko tax relief provided for in · ~ubseotion (a) if it satisfie~ one of th~ following criteria: fl) It is the first bu¢ines~ to locahe in a new building which received its cortlflcm%e of occupancy on or o~er January 1, 19~4. The bumine~8 shall qualify for tax r~lief immediately upon occupying the buildin~ and i~ 9~all be eligible te receive th~ tax relief provided ior in s~bs~¢tion (a) for a period of five (B) years or so long as it continues to occupy the building¢ whichever period is less. This period shall be known as the Qualifying Period. (2] It is the first business ~ occupy an existing bu~ldlnq after improvements have been made that result i~ a twenty-five (25) percent or moro increase in th6 assessed value of the property, as deCo,mined by the county assessor. The skall quali~y for ~he tax relief immediately uD0n ocoupyin~ building or, if tho business occupied the building Drier to the comple=ion of t~o improvem~nts~ immediately upon the completion of th= improvements and shall be eligible for the tax relief provided for in subsection (a) for a period of five (5) year~ or ~o long os it continues to occupy the building, whichever period is less. This period mhall be known ms the Qualifying Period. (3) It succeeds or replaces the first business durin~ of the Qualifying Periods described in subsections (1} and (2). Such business shall be entitled ~c the :ax relief provided for in subsection (a) for t~e r=muinder of the applicable Qualifying Period or sc long as ih continues to occupy the b~ilding, whi¢~eve~ period is (¢~ It iI is not the first business during ~ither of the Q~alifying Periods described in su~soctlons (1} and (2), ii) shares occupancy of a building d~rin9 either of the Qualifying Periods and iii) is a separate and distinct business from any other business which occupies the s~me building. Such shall be entitled %o the ~ax relief provided far in subsection (a) for the remainder cf the opplicablo Qualifyin~ Perie~ or long as it continues to eccupythe~bui'lding"~whicbever-De~i~~:'' (c) The basi~ for the license ta~ during the q~alifyi~g period will be the gross receipts or purchase~ during the ba~ year or the gross receipts or purcha~e~ for the prier year, 96-472 7t2419~ (d) The cumulative amount of tax relief available pursuant to this ~eetiu~ ~hall not exceed the ameunt which was originally invested in the prsper=y %o satisfy the criteria of this section. ~ec. lZ.1-6. ~itus of gross r~celpts. (a) General rule. Whenever the tax or fee imposed by this i~cluded in the taxable measure shall be snly those gross reeeipt~ attributed to the exerc£oe of a privilege ~ubject to Iicensura at a definite place of busln~s within the county. IR the case of activities conducted outside of a definite place of business, the gross receipts shall be attributed to.the definite place of business from which such activities are initiated, directed, or controlled. The situs of gross receipts for different classifications of business shall be attributed to one or more definite places of business a~ follows: (1) Thc ~ross receipts of a contracto~ chall be attributed to the definit~ place of business where his cervices are performed! or if h~c cervices ar~ nut ~¢rform~d at any definite place of business, then the definite place of business from which his services are directed or controlled, unless the contractor ic subject to th~ previsions of ~S.1-3715 of the Code cf Virginia; (2) The grosc receipts of a retail merchant or whole~al~ merchant shall bs attributed to the definite place of b~sinese at which sales solicitation activities occur, or if sales solicitation aetivitles dc no~ occur at any definite place of buoines$~ then the definite plac~ of business from which ~al~ solicitation activities ars directed er e0~trolled; however, a whelesale me.chant or distribution house subject to a license tax meacured by purchases ~hall determine t~e situs of its ~urchases by the definite place cf business at which or from which ~etiverles cf the purchased goods, wares and merchandise license tax in two or more localitiec aed who is subject to multiple taxation because the lceati%£ee uss differen~ measurec~ mcy apply to the Department of Taxation for a d~termination as to th~ prope~ measure of purchases and gross reoei~tc ~ubject to license tax in each loaality. (3) Thc grs~e receipts of a business ~enting tangible personal property shall be attributed to the definite place of buslnesc from which ~he tangible personal p~cperty is rented mr, if the property i~ not ren~ed from any definite place Of business, then to the definite place of buuinusu at which the ~s~tal of ~uch prop~rty is ~a~aged; and (4} The gro~s receipts from the performance of services shall be attributed to the definite place of buoineoc at which the ser¥ice~ are p~rfor~ed or, if not per£ormcd at any definite plsoe of businems~ then to the definite place of business from which the services are directed or controlled. (5) The gross receipts of a commissiom m~rehaut aha11 be attributed to his ~omioile unless he maintains e definite place of business at a location different from his domicile. (b) AUucrtionment. If a person has mer~ than One definite place of business smd it is impractical or impossible to determine to which definite place of business gross receipts should be attributed under the qenerai r~le, the gross receipts of the buzln~z~ ~hall be apportioned between the definite places of business on the basis of payroll. Gros~ receipts shall not be apportioned %0 a definite place of business unless 7/24/96 96-473 some activities under the applicable general ~ule occurred at. er were con~rolled from, such definite place of business. another jurisdiction shall not bs attributed to this ~risdiction solely because the otter Jurisdiction does not impose a ta~ o~ the gross receipts attributable to the definite plac~ of business in such otter Jurisdiction. into agreements with any otter political subdivision of Virginia ConCerning the manner in which gross receipts shall be apportioned among definite places of business. However, the s~ of the gross r~c~ipt~ apportioned by the agreement not ~csed the ~otal gross reoeipts attributable to all of definite place~ of business affected by the agreement. Upon being notified by a taxpayer t~at its method of attributing gross receipts is fundamentally inconsistent with the method of one or more political subdivisions in which the taxpayer is lioensed to engage in business and that the difference has resulted, or is likely to result~ in taxes on mere than 100% of its gross receipts from all locations in the j~risdictions~ the commissioner of the revenue ~hall make good faith ~ffurt to re.ch an apportionment agreement wi~h the other p01itioal ~ubdivisions involved. If an agreement cannot taxpayer may request a~ advisory opinion from the Department of Taxsticn pursuan~ to ~58.1-3701 0K ~h~ Csde of Virginia; notice of the ~eqUest shall be given to the other party. Every person subject to licensure for acting a~ a nightclub operator, taxi driver or solioitor~ or operating an adult bookstore, massage parlor, adult motion picture theater or adult mini motion pictures shall first apply to the chief of police for a permit and shall produce to ~he chief of evidence of good charaoter of the individual, or the members of the firm or the principal officers of the corporation. The chief of police shall make a reasonable investigation of the character of the individual, or of each member of the firm or of each principal officer of thc corporation, and if he is satisfied that the individu$1, tbs members Qf ~h~ firm or the principal officers of the corporation e~ fit to lawfully pursue such activity, h~ ~hall issue th~ permit. The form oS the application for the permit and the form of the permit ~tself shall b~ prepared and furnished by the chief of The chief of police may revoke any permit issued undmr this chapter i£ he is satisfied that ~hs parmit.hoi~er, no longer EeO. 12.1-8. E~ot~sicns and deductions from gross receipts. (a) Gross receipt~ for license tax purpose~ shall not include any amount nc% d~rived from the exercise e~ the licensed p~ivileg~ to engage in a business in the ordinary course of business. The following itsms are specifically (1} Amounts received and paid to th~ United States, the Commonwealth' or any' county;" city" sr'tow.~' for' retail sales or use tax, for any local sales ~x er any local excise tax on ui~aret~es and for any federal mr stats excise (2) An amount representing the liquldaticn of a d~bt Or conversion of another asset to the extent that the a~ount is attributable to a transaction previously taxed (e.g., the factoring of accounts receivable created by sales whic~ ~ave been included in taxable gross receipts even though the 7/~4/96 96-474 Creation of sush debt and factoring are a regular p~rt of its business). (3) Any amount ropre~enting returns and allowances granted by the business to its customer. (4) Receipts which ara the prooeede of a loan transaction in which the licensee is the obligor. (5) Receipts representing the return e~ principal o~ a lean transeotlen in which the licensee is the creditor, cr the return of principal or basks upon the sale of e capital (6) Rebates.and discounts taken or received en account of purchases by the licensee. A rebate or other incentive offered to induce the recipient to purchase certain goods or services froN a person other than the offeror, and which the recipient assigns to the licensee in consideration of the sale of goods and services shell net be Considered a rebate or discount to the llc~n~ee, but shall be included in the licensee's receipts together with any handling or other fees relate~ th~ (7) Withdrawals from inventory for purposes ot~er t~an sale Or distribution and for which ne aonsideration is recelv~d and ~he occasional sale or exchange of assets other than inventory whether or not a g~in or loss is recognized for federal tax purposes. (~) Investment ~nco~e net directly related te the privilege exercised by e business subject to licensur~ not classlflad as ~snderlng financial aervices. Th~s e~clueien shall apply ts interest on bmnk accounts of the business, and to interest, dividends and uther income derived from the investment o~ its ow~ f~nds in securities and other types of investments unrelated to the licensed privilege. This e×clusion shell net apply to interest, late fees and ~imilar inGQme attributable tc an installment sale or other transaction that occurred in the r~gulur couTse of business. (b) The following ~hall be 0educted fro~ gross receipts or (1} Any amount paid for computer hardware and software that ar~ ~old to a ~Di%ed States ~ederal o~ sta~ government entity provide~ that ~uch p~ope~ty was purchased within two years of the sale to said entity by the original ~urcha~er who have been eo~traotually obligated at the ti~e of purchase to re=ell ~uch property to a state o~ £ederal gs~ernmen~ entity. This deduction shall nut occur until the time of resale and ~hell apply to only the o=iginal cost of =he property end net ~o its resale p~ice, and the deduction shall not apply to any of the tangible personal property which was the subject of the oriqinal reeale contract if it is n~t resold to a state or federal government entity in accordance with the original contract obligation. (2) Any receip~e a~ribu~able to business conducted in another state or foreign country in which the taxpayer is liable for an income or other tax based upon income. (3] Advertising agents end agencies shall deduct fr~m base y~ar gross receipt~ the amounts paid by the~ ~or any for advertisinq space in any print media end radio or television commercial time. (4) Every p~r~©~ engaged in the business of preparing for burial, embalming, conducting funerals, or engaging in the business of an undertaker~ shall be allowed to deduct fro~ base 7/24/96 96-4?5 yea~ 'gross ~eceipbs all payments made on behalf of his customers sr clients; previded~ that ns such item shall be deducted with respect to which the taxpayer ha~ received or become entitled to receive any comnissien~ fee~ discount or profit whatsoever. {~) Merchandise broker~ shall deduct fxom base year gross receipts the cost of goods sold~ it being the intent of this subparagraph that base year gross receipts for merchandise brokers shall include only their ~oss ~rofit. ~e~. 12.Z-9. Dut~ Of license applicant to asc~rtai~ if looatlon properly ~oned smd ~$e permi~ isaue~. Every person applying fc~ a business license shall, before ma~i~g such application, ensure that the location for business i$ properly zoned for its intended use by such business. Every zpplicant for a new business license shall obtain a certiflcats from the direatsr sf planning $ta~ing that the business location is properly zoned fur its intended use by such buslne~s, end such certi£ieste shall be presented to the commissioner of the revenue prior to conducting business. the even~ ~hat a licensee moves the business to a different location, the licensee must obtain a new certificate from the dlreet~r ~f planning stating tha~ the new location is properly zoned for its intunded use, and such certificate ~hall pressn:ed to t~e eo~misslsasr of the revenue before the license may be changed ts reflect the new address. Th~ commissioner of the revenue sh~ll no~ issue a business license if the location is not properly zoned for it~ intended use by ~he business. sac. 1~.1-10. Expiration dat~ of license. Unles~ otherwi~ e~prcssly provided in this chapter, every license issued under this chapter shall ex. ire at the end of the license year or when the licensee ceases to engage in business at the definite place of business for which the licens~ was issue~, whichever is earlier. Every license to engag~ in any business, unless expressly authorized by law, shall ~dentify the definite place Of bu~in~ a~ d~fined in this chapter. Engaging in ~ha buminess elsewhere than at such definite place~ unless expressly auDherized by law, shall constitute s violation cf the provisions of this chapter. ~rnen the license indicat~ that the licensee does not have a ~e~ini=e.Dlaca of business in the county, the license shall de~ignat~ the residence or pla~ of business of the llcensse whuraver i= may be. A licensee may request thut the license for his business be updated to a change in the ds£inits place of business. se~. 12.1-12. Assignment and transfer. A license issued pursuant to this chapter ~hai1 not be assignable or transferable. ~ec. 1~.1-13. Cha~ge in (a) When there is a =hangs in a partnership due to the death er withdrawal of one (1) or ~o~e pa~tner~ or by the addition of on~ (~) or ~0re partners ur ~ combination of such changes a new partnershiD ~hell be dee~ed to h~ve b~en created obtain a new busines~ (b) The incorporation of an individual, partnership or other unincorporated business or profession ~hall be ¢on~iderod the creation of a new business entity, and a new license shall be obtained by such corporation. If a corporation changes its name or trade ~ane without filing a new corporate charter with t_he comoissloner of the revenue of the change within thirty days of the changm, gxcept as provided in subsection (a) of ~_hls sect{on, any individual or partnership changing its name or trade name shall notify the commissioner of the revenue within thirty days of tko change and shall record the change with th~ clmrk of the circuit court, i~ required by Se~. ~.%-~4. Record-keeping an4 Every person who is assessable with a license tax er fee shall keep sufficient records and other information %o enable the ¢o~issioner of the revenu~ to verify the correctness of the tax paid for the license years assessable and to enable the yearm. All suck records and other information shall be open to inspection and examination by the commismioner of the the optio~ to conduct the audit in the lic~mee'$ local busin~sm office, if the reocmd~ er other information are maintained there. In tho event ~ke records and other in£ormatlen are maintained outside the Csunty, copies of the appropriate records end other infsrmatiQn shall De sent ~y the licensee te ~he office of the e0mmis~ioner uf the revenue upon demand. (a) Each person subject to liceesure under thi~ chapter shall apply far a license and pay the applicable tax and fee pri0~ to beginning business if he was nut eu~jec~ to licansure in the county on or before January 1 of the license year, or no later than ~arch 1 of the license y~ar if he was subject te lieen~ure in the county prior to January 1 of the Iicenme year. (b} A penalty of one pS,cent of the unpaid tax and fee for each day th~ tax and/or fee is un~aid up to ten percent of the unpaid tax and f~e, or two dollars ($2-00), whichever is greater, shall be imposed upon the failure to pay the tax prior to ~anuary 1 of the license year, or within thirty days cf beginning business if the person was not in busln~ prior to January 1 of the license yea~. In the case of an assessment of a~di~ionat ta~ made by the ~ommissioner of the revenue, if t~e application an~, if applicable, the payment were good faits and tbs understatement of the tax was not due to any fraud~ reckless or intentional dis~egar~ of the law by the taxpayer, there shall be no late payment penalty assessed with the additional tax. If any assessment of tax by commissioner of the revenue is net paid within thirty day~ the treasurer may impose a ten persen~ late payment penalty. If the failure to file er pay was not the fault of the taxpayer, th~ penalty shall not be i~posed, or if imposed, shall be demonstrate lack of fault, th~ taxpayer must show that he acted responsibly and that the failure wa~ d~e to umentm beyond his control. "Acted responsibly" mean~ that: (i) t~e taxpayer exercised the level of reasonable care that a prudent person w~uld e~ercise under thm Circumstances in determining the filing obligations for the business and (ii) the taxpayer undertook significant mteps tc avoid or mitigate the failure, suoh as 7/24/9~ ~6-~77 attempting to prevent a Soresseable impediment, acting to remove an impediment once it occurred, and promptly rectifying a failure once the impedimen~ was removed or the fail.re was discovered. "Event~ beyond the ta×p~yer'~ control" include, but are not limited to, the unavailability of records due ~o fire or other eaz~alty~ the UnaVoidable absence (e.g., du~ to death or serious illness} of the person with the sole responsibility for ta~ compliance; or the ta×payer'~ reane~able relia~se in good faith upon erroneous written infermatien from the commissioner of the revenue who was awar~ of th~ relevant fact~ relating to the taxpayer's business when he provided the erroneous information. (c) Interest shall ~e charged on the late payment of the tax and fee fro~ the due date until the da=e paid without regard to fault er other reason for the late payment. For persons who were in b~siness in the county prior to January 1 of the llcen~e y~ar, interest shell be ~ssessed on ~hs unpaid balance o~ the first day of April of the license year and thereafter on the first day of each following month on =he unpaid balance. For persons who were not in business in the county on January ' 1 of th~ license year, in~eres~ shall be assessed un ~he unpaid omitted tax ur fee by ~he commOn,loner of the revenue is found to be er~oneoup, all interest and penalty charged and collected refunded together with interest on the refund from the date of paid on the refund of any license tax er fee from the d~te of payment or due date, whichever is lster~ whether attributable shall be paid a5 the sams rate charged under ~58.1-3916 cf the Code of Virginim. payment~ provided the refund or the late payment is made not (d) The commissioner cf the revenue may, on or before the which to file an application fo~ a license., for reasonable ~ubject to ~djUetment to the correct tax at the end of the e~teneion together with interest from the due date until the ~ate paid and, if the estimate submitted wi~h the s×tsn~ion is ten percent of the portion paid after the original due date. fee may appeal the assessment within the tim~ and in ~he manner ~9~. 1~,1-17. Effe¢~ of closing ~uslness. (a) If a person who has paid a license tax base~ on gross county, he shall be entitled, upon applicetion~ to a refund fo~ monthly basis se tRat he is %axed only for that fraction of the year during which th~ bu~in~g~ was operated within the county. ?/~/9~ considered a full month for proration purposes. The effective be the last day the licenses engaged in (b) No person shall be entitled to a refund of license fees nor of license taxes which are not based on gross receipts Or ~ec. lZ.1-18. Duty o~ commissioner of th~ revenue upon failur~ or refusal of taxpayer to ~ile application. If a person who ie required under the provisions of this chapter to file an application shall fail or refuse to fils such applicetion~ the commissioner of the revenue shall make an estimate of the amount of license taxes and fees due the county by such person upon the best information available and assess the lloense taxe~ and fee~ on th~ basi~ of that information. Sec. 1~.1~19. ~ssessment of additional or omitted tax and fees. to this chapter or has been assessed for less than the proper of the amount of taxes and fees due th~ county by such person upon the ~emt information ev~£1able end asmoms the taxes and fees on the basis of that information. (h) ~naltie~ and intsr~t shall be imposed on th~ assessment of additional er omitted ta~e~ and f~e~ in a~serdance with the provislens in §%2.1-i~ of this chapter. (o) The commissioner of the revenue and a taxpayer may agree to extensions of time to assess any tax or fee under this chapter in accordance with sta5e law. Sec. 12.I-2Q. ReVosatlen of license. If the commissioner cf the revenue determines that a licensee is in ¥iolat~on of any of the provisions of this chapter, he shall have the authority to revoke any and all licenses issued to such licensee five days after notice of revocation is mailed, er ~hrse days after such no,ice is delivered, to the last known address of th~ licensee. 8cc. 12.1-~. License Inspector. The license inspector is authorized to enforce the provle~ens of thio chapter and any ordinance of the county requiring license taxes or fee~ to b~ paid to the county~ of the commissioner of the revenue and examine and audit the returns of all persons whom he ha~ reasonable cause to believe £~ liable for payment of any license tax or fee levied by the county, dc any and all acts authorized by ~58.1=3735 of the Code of Virginia, and shall at all times be under the $~pervision and control of the county administrato~. Police powe~ a~e hureby conferred upon the license inspector and all deputy license inspectors, while engaged in the performanoe of those dutiem. The license inspector ~r deputy uny business in the county who has not obtained a license therefor and the name of each person having a coin-operated machine who ha~ not obtained a license therefor es required by this chapter. The license inspector or deputy license ie~ued for any ~uch pe=son, char~ing him w~th a violation of the provisions of this chapter and may serve a copy uf muck 7/24/96 96-479 provided by law. He shall return the original to the general district court with the matter and time of s~rvice or execution stated thereon. ~ec. 12,1-~2. Ti~s e~ tags prev~e~ for display. The ooI~missioner of the revenue shall provide annually tins or tags of such color and design as he nay proscribe, to be displayed on the motor vehicles used by peddlars and refuse w~en the original hen been lost or mutilated, tho appllcsnt shall pay five doltare ($5,00). No license tin or tag shall be transferred fro~ uae person to another. Sec. 12.1-2m. ~mposition of ~a~ss generally. Any tax levied under this article ~hall be in addition to any fee imposed under ~12.1-4 of this chapter. ~o tax shall be levied p~rs~ant to this article on any business whose base year ($100,000.00). See, 12,1-24. ~ersons beginning business. (a) Every person beglnninq a business under this a~ticla purchases in the casa of w~olesal~ merchants, that he ~ill receiv~ bet~a~ th~ date of b~ginninq business and the end of th~ license year. The liecuse ta~ for the first license year also be used ~e calculate ~he applicable fee which the business shall pay pursuant to § 12.~-~ of this ~h~pter. (h} Every person whose bustuess was licensed under this article for only a part uf ~he prsceding license year shall in the ease oS wholesale me~ehan%s, of the business that h~ will receive during the then-curroDt license year, a~d the license tax on such busines~ shall be calculated based on such ~stimate_ The estimate shall also be used =o calculate the a~!icahle fee which the business shall pay pursuant to ~ 11.1- 4 of this chapter. (C) Every estimat~ made in accordance with the provisions of this section shall be subject to correction by th~ that %he final tax will b~ computed On the basis of t~e actual merchant~ at the end of the license yea~. This correct~d ts×, if more bhan the estimate tax, shall be in addition to the ta~ fsr the license tax yea~ follOWing the year for which the tax, (a) EverF contractor shall pay a license tax of fifteen cent~ per $100.00 of base year gross receipts. (b) Any cun~rac~cr must ~irst obtain a cla~ A, class B~ or class C registration from the state hoard for eo~ractor~ before a business license may be issued, if such registration is required by the state board for contractors. (c) Every contractor who proposem to do work in the ~cr which a permit must be obtained from or contract let by a department, bureau or officer cf ~he county shall, upon making a~plicatiom for ~uch permit or upon the award of ~uch exhibit to the proper county ~fficial the county license authorizing him to engage in the business fo~ the yea~ in which the permit i~ applied for or in which such contract is awarded and ~hall furnish to that official and to the l~cen~e inspector a 1lot of his subcontractors. If a~y or all of subcontracts have not been closed er awarded at the time of applying for ~uch p~rmit or award of such contract, he shall f~t~nieh such llst in writing immediately upon awarding the subcontract or es~tracbs~ and he ~hall not allow the work under any subcontract to proceed unbil the subcontractor shall have exhibited to him his county license to do such business in the county for the current year. (d) If a contractor he~ paid a local license tax to a city, town er county in which his principal office er brano~ office is located, he shall be e~empt from the payment of an additional license tax to the county for conducting such business in the county except when the amount of business done in thi~ county exceeds twenty-five t~susand ($25~000.00) in any license year, in which event the person mhall bm liable for the license tax as provided in this and the license fee as ~rovided in §12.1-4 of this Cod~. The commimsioner of the revenue may require periodic reports from persons claiming an exemption under %his section. (e) In computing the license tax of a contractor whome principal c£fiee or branch office is lccste~ in t~e county, there shall be deducted from the base year gross receipts the amount of gross receipts earned from business done in amy other city, town c~ county upon which a local lic~n~ ta~ has been assessmd as provided in ~58,1-3715 of the Code of Virginia. See. 1~.1-Z6. Retail ~erehan~s. (a) gvery retail merchant shall pay a license tax of twenty cemt~ pe~ $10~.00 of base year gromm receipts- (b) If goods, wares and merchandise not belonging to a retail merchant are offered for aale by the retail merchant er by any other person at the retail merchant's place of business, such retail ~erchant shall obtain a license am a commiumicn m~rchant as provld~d in ~%~.1-~. Such ret~iI merchant, however, may elect to include the total g~ss receipts from the sale of all goods, ware~ and ~erehandise not belonging to him in the ~ase year gross receipts for hie retail merchant license in lieu of obtaining a cotillion ~erchant license. (c) Every person who ~11~ ~archandise by means of a culn-epera%e~ machine or device shall pay the retail merchant's license tax prescribed in subsection (a) of this section. All such machines shall be plainly marked so as to show the name amd.address of the owner thereof_ (d) EVery cooperative which $~ii$ tc others (excluding sales to ce~ercial, indus~riaI, or institutional users) at retail only and not for r~sale shall pay the license tax prescribed in subsection See, 12.I-27. ~i~aaa~al services. Every person endured in a financial service shall pay a license tax of fifty-eight cents p~r $100.00 of base y~ar gross receipts. 71~f~ 8cc. 12.1-28. Real estate serviees. Every p~raon engaged in a ~eal estate s~r¥ice shall p~y a license tax of fiftyLsi~ cents per $100.'00 of ~a~e year gross receipts. license tax of £ifty-sigh~ cents Der $100.00 of base year gross rsceiDt~. service shall pay a license ~ax of ~hirty-six cents per $100.00 ~ield, park, coliseum er auditorium, or any facility d~veted to and where admission is charged for viewing a p~blic show, oth~r amusement d~vie~s, shall pay a license ~ax o~ twenty dance, ~xhibiti0n or performance cf any kind, sr eperat~ng any a license tax cf t~enty ccn~ p~r el00.00 of the ~ross receipts generated by such activitiez. csnduct a public zhow, athletic event or contest~ e~ibftion or prescribed in subsections (a) or (b), whether a par~ of the p~cceeds are ~or religious, sharitabl~ or benevolent purposes ta~able under subsections (a) and (b) that is paid by the connection ~ith th~ activity licensed he,SUnder shall be deducted fr~m the gross receipt~ er charges in computing the basis for license taxes under this section. an admission charge which is subject to the license tax levied of such place is cf a temporary or transitsry nature, the remittance of the license ~az ~c be mede on the day following the collection of the admission charges if the operation is for one day only; er on th~ day following- tbe:-con¢tusion~:'of~'~· entertainment shall begin operation and before ~ny license shull be issued therefor, if a license is required, the perEom or in lieu thereof a bond conditioned on faithful compliance with this section and in f~rm approved by the county attorney, in an amount tc be estimated by the commissioner of the revenue 7/~4/96 es sufficient to covey the license tax required by be collecteds which money er bend skall be security for the payment to the county of the licen$~ tax at the conclusion of such transitory er transisn~ operation in the county. If cumh person shall fail within five days after the termination of the opera,ion of the amusement sr entertainment to report the amount of gross receipts collected, the commissioner of the revenue shall thereupon access such person with the taxes computed upon the basis of the best information available and the treasurer e~all proceed to collect the taxes out of the deposit or by the virtue of th~ bond and by every other lawful Sec. ~2.1-32. cemmlss~om merchants. Every person engsged in basines~ as a commission merchant ~hall pay a license tax of thirty-~ix cents per $1OO.00 of base year ~res~ receipte~ (a} Every person engaged in business as a wholesale merchant shall pay a license tm× of ted U~nt$ per $1QQ,OQ of base year gross purchases. Huwever~ in no case shall hhe ~ax imposed (b) ~v~ry cooperative which sells ts others for resale only er which sells to commercial, industrial, or institutional umer~ ~hall p~y the license bax prescribed in subsection (s) ~oo~, wares and merchandise not bslungimg te a whole.ale ~e~dhant which are off.red for sal~ by the wholesale meruhant or by any other p~rson at the wholesale merchant~ duly licensed place cf bumineeo ~hall require such wholesale merchant to obtain a license as a csmmission merchant as provided in ~t2.1-32. see. 1R.1-34, Direcb Sellers. (a) Every person engaged in business as a ~irect seller at retail shall pay a license ~a~ of %wen:y centn pe~ $100.00 Of base year gross receipts. (b) Every permon ~ngaged in business as a direct seller at wholesale shall pay u license ta~ of five cents per $10©.0~ of base year gross receipts. unless such person maintains his place of abode in the county. (a) ~othing contained in this section shall b~ construed am permitting any persun to keep, maintain, exhibit er operate any slot machine or other device, th~ operation of mhioh prohibited by law. The commissioner of the revenue shall no lio~n$~ under thio section for coin machines which unlawful u~de~ the Code of virginia. (b) EWery person melling, leasiDg, renting or otherwise furnishing or providing a coin-operated amusement machine, as defined in §58.1-3710 ~nd §SB.1~372~ of the Cod~ of Virqinia, shall pay a license tax cz two hundred dollars ($200.~0) and thirty-six cents per $100.06 of bass year gross receipts of such operator from amusement machines operated within the county, This section shall not apply tu any person owning less than three coin machines and epe~atinq such machines on 7/24/96 96-483 (c) Every operator shall furnish to the commissioner of the revenue a complete list of all machines on location end the year_ (d) Each machine shall have conspicuously located thereo~ a decal, sticker er other adhesive label, ne less than one by two inches in ~iz~, c~arly denoting the operator's name and address. (e) Any person providing any such coin-operated machines or ether devices and failing to procure a county license, or otherwise violating this sectionr shall be subject to the penalty imposed By §1-6 of this Code for each offense and the see, 12.1-36. Utility se~vioe (a) Every person engaged in the business of f~rni~hing water or sewage collection or disposal shell pay a license tax of fifty cents per $100.00 of base y~ar gros~ receipts. (b) Every per.on enqaged in the business of furnishing heat, light, power er gas in the county shall pay a license tax of ~ervices f~rnished to federal, state and local public entities and their officers, sales for resale ~o other ~leetric utilities and sales for industrial purposes. Sales of heat, light, power or ga~ for industrial purposes shall mean any person en~aged in manufacturing, mining or processing having ~ ~ontract ~emand of one hundxed kilswatts er (c) Any person engaged in the %elephone or telegraph bu~i~ass in the county shall pay a license tax of fifty cent~ per ~lO0.O0 of ~ase year gross reoeip%e. ~his snbssotlon ~hall net aDply to any business pe~for~ed to or from pointm eutside ef the state nor to any business perfermad for federal~ 5tare and local public entities or their officers. ~ery person engaged in ~roviding or offering to provide cellula~ ~elepkon¢ air time shall pay a lXCen~e tax of fifty cents per $iQ0.00 of base year gress receipts frem customers loost~d or ~omiciled within th~ county. Every person engaged in the buslnes= cf s~v~rimg oil from the earth shall pay e license tax cf fifty oents per $t00.00 cf base year gross receipts from'the sale of oil severed in the county, such gross receiDt~ sh~ll be computed based on the fair market Value of the severed oil at the ti~e the oil is used sr sold fc~ usa in the sounty~ or~ if not used i~ th= County, at such time as the oil i~ placed in transit for shipment out of %he county, Ail persons severing oil and all common carriers traDmpcr%ing such oil shall be r~quired to maintain records for five years showing the quantitie~ of and receipts from 0il which they have severed ur transper~ed; these See. 12.~-~8. ~eer and wine (a) ~very retail merchant selling beer or wine shall ~ay, in addition to the license tax and fees imposed under this Code, an annual license tax o~ 96-484 (b} No license shell be issued to any person pursuant to thm and have in force the proper miata license provided by law. (c} In i~pemi~g retail merchant's license taxes measured by gross recelp~ under any ether section of this chapter~ there shall bs included the groms rec~iptg from the calm of b~er an~ wine in the bamis for measuring such license taxes. No beer and wine license tax assessed under this section shall be construed am e~empting any licensee frsm any retail merchant's license taxes r~quir~d under this code, or from any mixed alcoholic beverage license ta~es ~equired under of this Code. (a) Every retail merchant selling mixed slcohelic beverage~ shall pay, in addition to the Iic~nse taxes and fees imposed under this Code, sn snnual license tax, d~termined by the seating capacity sta~ed on the taxpayer's state license issued {1) Two hundred dollars ($200.00) for each location with a seating capacity at tables for fif=y ~c one ~un~red (2) Three hundred fifty dollars ($350.00] for each (3) Five hundred dollars ($500~00) for each location with a ~eating capacity at tables £or more ~hsn ese hundred fifty persons. (b) No license shall be i~sued ts any person pursuant to th~ proper state license provided by law. (C) %n imposing retail merchant's license taxms meaeurmd by grosm receipts under any other section of thi~ chap%er, there shall be include~ th~ gro~ receipts from the sale ef mixed or from any beer and wine Iicens~ ta×~m requi~ed unde~ ~hls (d) The tam on each license specified in sub~eetion (a) of this section shall be gubj~ct to proration to the following ex~sn%: If the licensee became subject ts licensure in the ~eoond quarter of th~ license year, the tax shall be decreased by one-fourth; if the licensee became m~b~ec% %~ licensure in the third quarter of the license year, the tax shall be l±oensure in the fourth quarter uf the license year, the tax shall be decreased by three-fourths. football, wrestling or boxing match sr similar compe~i~iv~ such event ~hall pay a license tax cf twenty dollars ($20.00) 71~196 96~485 ~eo. 12.1-41. Nig~t~l%~)~ e~erator. Every person engaged in the bus,helm sf cpsrating an establishment where food or drinks are dispensed and exhibitions, ~erformance~'or other forms of entertainment are provided and dancing is permitted shall be oensldered to operate ~ nightclub and shall pay for this privilege a tax of one hundred dollars ($10O.OQ), which shall be in addition to any other taxes or fees required for the sale of food and drinks or tho provi~ion of services. The provision or furnishing of music by an orchestra or band of any type, orby any ether means, shell be considered a form o£ snqertainment under thin section. (a) Every person operating a carnival =r circus shall pay a license tax ef three hundred dellars ($~UQ.0Q) for the first ($1OO.0O) for each additional week. Ns additional license (c) No license shall be granted under this sectiun until the operator of the carnival er circu~ has deposited wi~h the determined by the county's direoto~ Of g~neral services, to be used by thc county to clean and put in order, to th~ used by the carnival or nircus. (~) The provisions of this section shell not apply to carnivals, circuses or ~hows held inside the grounds e~ any agricultural fair while such fair is being held. ~his tax for any portion e~ the year. (a) ~very per,on engaged in ~e occupation Of fortunet%ller within th~ cuunty shall pay a ~icense tax of three hundred dollars (b) An applicant far a fortunetellen's license must first obtain u certificate fro~ %he chief of police that such applicant has appeared at police headquarters and he~ been photographed, had his fingerprints taken, given suoh general description of himself am is required by =he ohief Of police, and ha~ presented to the chief a cltlzenn of the county ~hat the fortuneteller is ~f good the county, The chief of police shall satisfy himself from his ~wn knowledge, an~ from an independent investigation, that the s~atements contained in t~e certificate required to be signed by eiti~eDs of the county are true. The a~plicant shall 96-486 (C) Nothing contained in subsections (s) and (b) shall be con~tru~d to apply ~e a person pretending to act as a fortuneteller in a properly licensed theater as part of any ~how or exhibition presented ~berein or as a part of any play, exhibition, fair or show pre~nted or offered in aid of any (d) Any person who engages in the activity described in this section without a license shall b~ fined not l~ss tha~ fifty dollars ~$aQ.0o) nor more than five hundred dollars for each such offense. Every person engaged in business am a state-chartered credit union or as a savi~gs and lean association or savings bank and whose headquarters i~ located within the county shall pay a license tax of fifty dollar~ Sec. la.1-4~. ~olng out of business sales. Any per.on desiring to advertise or conduct a going-out-ef-busin~ss sale for a retail business or any intending to insinuate that the retail business is to be discontinued and the busino~ merchandise liquidated must obtain a ~p~cial permit therefor from the ~ummissiunar uf the revenue pursuant to §%8.2-2~5 of the Cod~ of Virginia, and shall so.ply with the provisions si ~1~.t-224 of the Code of Vlr~inla. Such permit shall be renewed as required by law. The fee ~or each special permit and renewal permit i~ued under this section shall be fifty dollars 8es. la.1-47. Itinerant Merchants. (a) Except aa provided in subsections (b), (c), (d), (f), and (g) every itineran~ merchant shall pay a license ta~ of two hundred fifty dollars ($250.00) for each loeatio~ used during January through June of the license year~ and shall pay a license tax of two hundred f~fty dollars ($2~o.oo) for each location used during July through December of the license year. (b) No license tax ~hall bo imposed on any itinerant merchant who ~lls or offers for sale in person er by his employees only the following items or any of thom if such item~ were grown or produced by him or by his e~ployee~ and were purchased ~y ~hem for sale: ice, wood, charcoal, moat~, ~ilk, butter, eggs, poultry, game, vegetables~ fruits or other family supplies of a perishable natur~ or farm~ domestic or nursery products. (c) A license tax of fifty dollar~ (SS0.00) shall be imposed on each itinerant merchant for each location used during the license year by such itinerant merchant tc sell or offer for sal~ in ~srsen or by his employees only the following items or any of th~m if such item~ w~ro nut grown er produced by hi~ or by hi~ e~ployees: meats, milk, butter, eggs, poultry, fish, oysters, seafood, game, vegetables, fruit~ or other edible family supplies of a perishable nature, (~) An itineran~ merchant %~hose ac=ivitie~ are conducted solely for charitable purposes and who ms not paid for his s~rvices shall not be required Co pay any license te~ under this section. 71~4t96 (e) A license tax of fifty dollars ($50.00) shall be inposed on an itinerant merchant for each location used during the license year for activities conducted as Dart of an event conducted or sponsored by any department of the county qevernmant. fl) A license tax of fifty dollars (~50,00) shall bu imposed on an itinerant m~r~hant for each location used during license year where sush itinerant merchant sells or offers for sal~ Christmas trees or Christmas greens not grown or pru~uead by him. (g) No license ~hall be required of an itinerant merchant if he is a duly licensed retail merchant in the county and includes all gross receipts from such itinerant activitis= in the bass year grass receipts for his retail merchant license. [h) An itinerant me~chant who does buuiness within a fully enclosed shopping canter building pursuant to a valid lease shall be considered a retuil merchant under thxs chapter if the following conditions are met: (I) The m~rchanh has engage~ in the ~usiness at the shopping center for tw~lv~ esntinuous months and has obtained bbs license and peid the tax required by this section for such twelve-month p~riod; f2) The m~rchant appliem for a retail merchant lissome at ~he expiration of such twelve-month period; and f3] The mershant continues ~o engage in t~e business at the ~hopping center on a con~XDuous basis. Upon satisfying conditions (1) and (2) above, the merchant shall be taxed as if the merchan~ had bean a retail ~erchant for the entire twelve-month period described in (1) above. (i) Nothing in this section ~hall be Construed to require the payment of a license tax fur the male of goods, wares and merchandise by an assignee, trustee, executor, fiduciary, officer in bankruptcy or o~her officer appointed ~y any court of t~e co~d~onwealth or of the United States. (j} Every itinerant merchant selling or offering for sale goods, wares and merchandise s~all in describing them be truthful with reap=ct tu the kind, quality and description of such goods, wares and merchandise, which, for the purpose th=reef, shall be considered as warranties. Any breach of =uch warranties shall be suffician~ to invalidatn such sale, and the person making such false representation shall be punished as prescribed in ~1-6 of this Cede. the privilege of doing business in the county ~nd shall DaY a (a) Unless otherwise provided in this section cr in some selling or offering f~r sale goods; wares"and-march~nd.~se~sh~l: be fiv~ hundred dollars ($aQQ.OO} for the lisense tax year. (b) Any person who sells or offers to sell goads, wares, or merchandise to licensed dealers, other than at a ~efinite place wholesale." Any delivery on the day of sale shall ~s construed ?/~1~6 shall pay a license tax for the tax year; ~he license tax rate fe~ each paddler at wholesale shall be the same as the license tax rate applicable to a wholesale merchant selling similar goods, wares and merchandise at on~ de~inih~ place uf business. (c} No license shall be imposed on any peddler who s~ll~ or o~ers for sale in per~n or by his employees only the following items ur any of them if such i~ems were grown or him for sale: ice, wood, charcoal, meats, milk, butter, eggs, poultry, game~ vegetables, fruits or other family supplies of a p~r~shabl~ nature cr farm, domestic or nursery products. (d) A license.tax of twenty=five dollars ($2~.00) for license year shall be imposed on any pedd~er who sells or offers for sale in person or by his employees =he following items or any of them if such items were net grown or produced by him or by his employees: meats, milk, but~er, eggs, poultry, fish, oysters~ seafood, qemm, v~getable$, fruit or other edlbl~ family supplies cf $ perishable nature. license year shall be imposed en any peddler who sells or offers for sale only Christmas t~ees or christmas greens not grown or produced by him. (f} A peddler whose activities are conducted solely for charitable purposes and who is no~ paid for his services shall not be ~eq~ired to pay uny license %ax under this section. (q) A license tax cf twenty-fLee dollars I$~5.00) for the license yea~ shall be impsse~ on any peddler whose activities are conducted as part of an event conducted or ~pon~ored by any department cf the county government. (h) A peddler who sells fire ~ocd for home consumption shall not be required to pay uny license t~× un,er this section. (i) Every per,on who is licensed as a peddler and has paid the tax required undsr this section shall be provided a tin cr tag which shall be affixed to the person cf the peddler or, if ~he ~eddler obtains a license per vehicle~ then to the vehicle used by th~ p*ddler. (j) A peddter'n licens~ shall no~ be transferable and shall not be subjest to proration. The full amount of the license tax shall be paid when assessed. (k) It shall ba unlawful for a peddler to perk, stsnd~ stop or allow a vehicle to remain in eny place for the purpose of peddling any longer than is necessary ts conclude a sale of any goods, wares or merchandise o~ a continuous uninterrupted series of sale~ thereof, and in any event it shall b= unlawful for a peddler to park, stand, s~op or alle~ a vehicle to remain in uny place for the purpose Of peddling more than thirty minutes in any day. (1) The license ta~ imposed under t~is section shall be imposed upo~ each person and sash agent of a corporation, association, or other entity who conducts t~e activities of a peddler; except that peddl~re ~ho all peddle from er in close proximiPy to a vehicle and who all peddle the same type of goods, wares or merchandise may ohtai~ a ~ingle peddler license Scm each vehicle, which shall list the names of all those peddlers peddling from or in close proximity to suc~ ve~icle. Th~ license tax for such license shall be the amount of tax that would otherwin~ have been charged to one of those peddlers. 7/24t96 96-489 Sec. I~.~-~9. Junk dealers~ sanva~er$ and dealer~ iA Every junk dealer shall pay a license tax o~ fifty dollars ($50.00}, For the privilege of doing business at other premlsee than that designated on the license the junk dealer ($2~.00), and fer the privilege of aDDsinting canvassers for the purpose of buying any junk or oth~r matter or things for any such junk ~auler or for the sale to a junk dealer the junk dealer shall pay an additional license tax of twenty-five dollars ($25.00) for each canvasser appointed and dealer shall pay a license tax of fifty dallare ($50.06). For the privilege of doing business at other premises thun twenty-five dollars ($25.00), and for the privilege o£ paper for any such dealer or fur the sale to such dealsr the Every person having paid the ta~ required to Oanva~ for junk (a) ~vsry persaa engaged in the business of organizing, shall pay ~ license tax calculated in accordance with subsection (c). (b) NO per,on parti~ip&ting in a flea market, craft show er trade show as a merchan: shall be liable for any license obtains a license and pays the license tax as provided seotion, (c) The license tax imposed by this section shall be equal to two dollars per day for sash ~erubant participating in show or trade mhow shall not be liabl~ under this section to giggle location per license year. Accordingly, even i~ a than two hundred fifty days during m license yeer, the promoter, manag~ Or organixer of such show shall not be under thim section to pay more than five hundred dollar~ for (3) Thmt this ordinance shall become effective January 7/24/96 consider an ordinance r~lating to the size and compo~ition of the Board of Building Cede Appeals. He further stated at the J~e 26, 1996 Board of Supervisors meeting~ the Board the composition of the Board of Building Code Appeals with nine ~embers, four of whom are tradesman. Ba stated because the Appeal= Beard is also constituted as the appeal body rom the Fire Prevention Code, it is traditional to have a fire prevention expert on the Beard. He further stated for that reason, the Board requested staff to prepare an ordinance to increase the size of the Board of Building C~de Appeals from nine to eleven members to allow the appointment of members with fire code experience. ~r. George seadles s=ated that th~ uniform Statewide Building Code states that the Board of Building Code Appeals shall co~sist of at lea~t five member~ and expressed concerns relative to the need for eleven members on t~is Board. ~urther s~ated he f~als the Board should be decreased to five members becaus~ it wo~ld make it mere di£Sicult to have a Building Code that states the jurisdiction may nave however, %hat additional expertise, ~n th~ area of fire safety~ consider establishing a ~eparute fire Beard with five members p~ople have expressed their interest in serving on this ty~e cf end =ha~ ne would like additional input regarding this C~de Appeals and to compare that inf~rmatlon to the Mr. ~nHele stated that he also feels the recommendation of e~tabliehing a new fire Board is worth reviewing. He further save th~ County money because members of this Board get paid for their service. He stated he supports deferring the ne~d~ a professional mix. Mr. Warren stated h~ will only support the creation of a new Board if it is the r~commendation of staff. After brief discussion, the Board requested staff to sontact reestablish their interest is serving on the Board, deferred consideration of an ordinance to amend the code ~f %he County cf Chesterfield, 197~, as amended, By amending and reemactinq Section 6-5 relatin~ to the 8card of Building Code kppeals until Augue~ 2S~ 1996 to allow staff to submit information to the Board regarding expansion of th~ Board of Building Code Appeals and ~mtablishmont cf a n~w fire Board~ Vote: Unanimous Tn Bel~muda Magisherial District, WAD~ T- DAVIS reguested renewal of Mobile ~ome Permit 89SR0363 to park a ~obil= home in approximately two [~) units per acre. T~e Co~prahcnsivx Plan designates the property for ~e=iden=ial use of 7.01 er units per ~¢r~. This property fronts the south line of Dwight Avenue, approximately 400 feet east of Jefferson Davis Highway and is better known as 2523 Dwight Avenue. Tax ~ap 67~12 (4) Bellwood Addition~ ~look B, Lets 24 and 25 ($he~t ~r. Jacobsen presented a eum~a~y of Case ~55R0271 and stated located in an area designated by the Jefferson Davis Corridor Plan for residential u~e. Mr. wade T. Davis stated the recemmenda=ion was acceptable. T~e~e was no opposition present. On ~otio~ Of Mr. McHal¢, seconded by Mrs. ~umphrey, the Board approved Case 96SR0271%o~ seven (7} ye~re, subject to the following conditions: 1. The applicant shall be the owner and occupant Of mobile hems. a mobile hom~ site~ nor shall any mobile home be used for rental property. O~ly one (1] mobile home shall b% permitted %0 be parked on an individual lo~ or parcel. 3. The minimum lot size, yard setbacks, required f~e~t yard, and e~her zoning requirements of the appllcable zoning district shall be complied with, except that ne mobile home shall be loceted closer than 20 feet to any existing ~zuidence. 4. No additional permanent-typo living space may be adde~ onto a mobile home. All me~ile hemes be skirted but shall not be placed on e permanent foundation. 5. W~ere p~blic (County) waZer und~e~ sewer available, they shall be used. 96-~92 6. Upon being granted a Moblle Hone Pernit, the applicant shall then obtain %ks necessary por~i~s from the office of the Building Official. This ~hall be done prior to th~ ins%ellatlon or relocation of the mobile home. 7. Any violation of the above conditions shall be grounds for revocation of the Mobile Hone Permit. Vote: Qnanimous 968N0215 (AJ~ended) In Clover Hill Magisterial District, d & ~ ~OLDIN~, ~, ~, requested rezoning from Agricultural (A) to Residential {R-9). A single family residential subdivision with a minimum lo% sims of 9,000 square feet is planned. Residential use of up to 4-84 units per acre is permitted in a Residestiel (R-9) District. Th~ Comprehensive Plan designates the property for single family and two-family residential uee~ and for stream valley slopes, floodplains and easements. This request lies on 44.8 acres f~onting in two (2) places for a total of approximately 1,240 f~et on the ~out~ lin~ of Elkhardt Road, across from Kingsport Lane and east of Turner Read~ Tax ~ap 29-9 (1) Part Of Peroel 49; T~x Map 29-10 (1} Parcels 5 and 9 and Part of Parcels 8 and 31 (Sheet 9). Mr. Jacobsen presented a ~u~mary o~ Case 96SN0215 en~ zteted the ~lanning Commission and ~taff recommends approval and acceptance cf the proffere~ con4i~icns. Ho noted the request Mr. Frank Potts~ representing the applicant~ stated the reccmmendation was acceptable. There was no opposition present. On motion of Mr. Warren, ascended by Mr. McMale, the Board ~ppreved Case 965~021~ and accepted the following proffered conditions: The applicant~ ~ubdivider or assignee(s) shall pay the following to the County of Chesterfiald prior to the tine of building permit application for infrastruuture i~pruvomont~ within the service district for th~ property: A. $5,175 per lot~ if paid on or prier to J~n¢ ~0, 1996; or R. The amount approved by the Board of Supervisors not to exceed $5~175 per lot adjusted upward by any increase in ~he Marshall and swift Building Cost Index between July 1, 1995~ and July i of the fiscal year in which tho payment is made if paid after June 30, 1996. 3. E~cept for timbering approved by the Virginia State D~part~nt of Forestry for tho purpose of removing ~ead or diseau=~ trees~ there shall be no timbering on th~ property until a land disturbance permit has been oDt&ined from th~ ~nvironmentat Engineering ~epartmen~ and ~he approved devices in,tailed. 9~-493 10. This development shall be de$i~ne~ to retain runoff based on post deYelopment 2, 10 and 100 year storms. The release rate shall Be ba~ed upon the pre- development 2, 10 and boo year storms. Prior to tentative subdivision approval, e revi~ed centerline of Elkhardt Road~ ba~ed on VDOT Urban Collector Standards (40MP~), shall be submitted to and approved by the Transportation Department. In conjunction with recordation of the fi~t subdivisio~ plat, ~hirty-£ive (35) fee~ of right ef way on the south side of Elkhardt Road, measured from ~he approved revised centerline of that part of Elkhardt Road immediately adj&c~nt to the property, shall bm dedicated, free and unrestricted, to and for the benefit of Chesterfield County. Access to El~hardt Road from the property shall be limited to one (1) public road. The exact location of this access shall be approved by the Transportation Department. No access shall he permitted fram the property through th~ ~lkhardt Park Subdivision, except for emergency vehiules~ if required by the county. To provide for an adequate roadway system at the tim~ of complete development, th~ developer shall be responsible for the following: A. Censtruotion of additional pavement along Elkhardt Road at the approved access to provide left and right turn lanes; B. Relocation of the ditch to provide an adequate shoulder along the south side of tlkhardt Read for the entire property frontage~ and C. Dediostio~ free and ~nre~tricted, to end for the benefit o~ Chesterfield county, ~ny additional right of way (o~ easements) required for the improvements identified above. Prior to any road and drainag~ plan aRproval, a phasing plan fs~ th~ required road improvement~ identified in Pre££erad condition ~ shall D~ submitted to and approved by the Transportation Department. The minimum gross ~lcor ar~a of dwellings shall be as follows: A) T~o story - 1~©0 ~quare feet B) Cape - 1,350 square feet C) Rancher - 1,200 square feet more than twenty five percent (2~%) of t/la lots shall b~ eccupi~ by ranchs~. A minimum thirty-five (35) foot wide buffer shall be previded alon~ Elkhardt Read. Th~ exact treatment of thi~ buffer shall be determined at time of tentative subdivisioD review, but shall a= a minimum consist of a four (4) foot kig~ UndUlating lund~cape bern. A plan depicting this ~e~uirement shell be submitted to the Plan~i~g Department for reui~w and approval in conjunction with Tentative Subd~v~ion review. This buffer ~hall comply with the 7/24/96 96-49~ raquiromonts of the ZoniNg Ordinance for buffers Section 21.1-227 Ia) through (e) amd In eonjunchlcn with recordation of a subdivision plat for the southern part of thio development Ii£ty {SO) foot wide sigh= Of way shall be provided to parcel 14 on Tax Map 29-14 (1). The exact location of this right of way shall b~ approved by the Transportation Vote: Unanimous ~n Ma~oaca Magisterial oistrict, JO~H W. ROB~RT~ ~ND DSC LOGISTICS, INC. requested resuming from Light Industrial (I-l) to General Indumtrial (I-2]. T~ density of such amendment will be controlled by ~sning conditions or Ordinance standards. The Comprshenmive Plan suggests the property is appropriate for moderate industrial use. Thi~ request lies on 12.0 acres on two (2) parcels, one (1) frontin~ appro×inatm~y 770 feet on th= northwest linm of Woods Edge Road, across from Woods End Road~ the second located in the southwest ~uadrant cS the intersection of Woods Edge and WQQdS End Roads. Tax Kap 149-12 (1) Parcels 2 and S (Sheet the Planning Commission and s~aff recommends approval subject to one condition and acceptance cf the proffered conditions. Plan. Mr. John Euffmsn, representing th~ ~pplioant~ stated the recommendation ~as acceptable. There was no opposition present. Mrs. Humphrey stated that she has visited the new facility which is a beautiful addition to Chesterfield County. approved Case 96SN0247 subject to the following eonditlon: So as to minimize the view from existing and future area residential development to the west into Parcel 5 of Tax Map the western proper=y boundary of this parcel adjacent to the CSX Railroad right of way. Facilities, utilities and other improvements and uses, ~noluding access, shall be permitted within this buffer provided the spirit and in~ent of th~ buffer is maintained, as determined at the time of site plan review. The exact treatment u£ tko buffer shall be at the time of sits plan review_ Furth~r~ this buffer may be modified or reduced at ~hs time of si~e plan re~iew in accordance with Section 21.1-22~ (i) Of the Zoning Ordimamco. And, further, the Board accepted the following conditions: 1. Wi=~in sixty (60) days from the date of a written ~equest by the County, additional right of way (or easements) immediately adjacent to the Property located south of woods Edge ~a~ fur the widening the CSX Railroad, shall be dedicated, fr~e and unrestricted, to and for the benefit of Chesterfield County. Access fo Wood~ Edge Road f©~ the PrOperty located south sf Weeds Edge Road shall be provided via Wslthall Industrial Parkway~ no direct access shall be provided to Woods Edge Eoad~ Access to Woods Edge Road for the Property located north of Woods Edge Road shall ~e limited to one (1) entrance/exit. This access shall align the Walthall Tndu~trlal Parkway intersection. The erect location of this access shall be approved by the Transportation Department. development north of Woudm Edg~ Road that warrantE left and/or right turn lanes based on Transportation D~partment standards, additional pavement shall be constructed along Woods Edge Road at the approved access to provide left and/or right turn lanes. The DeVeloper shall dedicate, free end unrestricted, to and for the benefit of chesterfield county any additional right of way (or easements) required for the improv~m~nt~ %dentified above. Conditional Use Planned Development to psrmi~ a 150 foot =o~kmunications tower and ~etback ~×ceptiens in a Neighborhood Eumin~sa (C-2) Dis~ri¢~. Further, the appl~cnnt is appealing Accord Determination. The density of such amendment will be controlled by zoning conditions ur Ordinance standards, The This request lies on 2.5 ~cres fronting approximately ~ao feet on the north line of Cogbill Road! also fronting approximately 644 fe~t on th~ wemt line of Cbippenham Parkway, approximately (Sheet 15)- ~ublio wacilities Plan; =he request DroDmr~y is highly Visibi~ ~uitable tower location might exist on adjacent, agriculturally and a~aff recommends denial of Cas~ ~65~0202 ~aceuse %he the lssatioaal criteria uf the Public ~acili=ies Plan; the property is highly visible to the Chippenham Parkway/Hopkins Road interchange; and a more suitable tower location might Board =~ disagree with the Planning Collision's interpretation of the Comprehensive Plan and acknowledge that thim regue~t i~ request he brought before the Board several months ago in the Matoaca area where the applicant had reepeotTully disagreed with staff, with respects to buffering, amd disegree~ with the 7/24/96 PlaDning Commission with their interpretatio~ of the substantial accord provisions. He stated in that case, the Board agreed with the applicant. He stated he feels the request is in accordance with the Public Facilities Plan because the County's ~l.an states that "energy and communications services provided to County residents are ~ential to th~ dev~Iopment of the community". He stated the proposed request will be a servi~ that will benefit the community. ~a stated th~ ~Ian ~tates that "the need for these facilities accelerates with the development of land while appropriate sites for their construction b~come~ scarce. He furthe~ stated the applicant has looked at various sites amd have limited the sites to tWQ 1ocatiou~, the North llne of Copbill Road and Marry Boulevard,.and requests that the tower be permitted on the Cogbill Road site- He stated he fe~I~ th~ applicant has follewad all criteria by trying to co-locate wherever possible; by building its facilities to allow other people to ce-locate on its facilities; by trying to minimize impacts to existing and future areas of development; by trying to minimize views of facilities; and by trying to tooa~e near others towers, if possible. Me further stated the applicant has tried to use the existing topography end vegetation possible and then presented an overview uf the site and location of the tower. He stated this request provides business use with limits commercial access to the site- further stated if a normal C-2 permitted u~e is placed On th~s property, uses would include veterinary clinics, group care facilities, libraries, etc. and that traffic would increase significantly. He ~urther reviewed how ~ha ~ower will look on .the proposed site. ~e stated the proposed property is zoned C- a and the other considered property ~ur the tower on ~arty has a public road access immediately adjaosn~ to %ha proposed the proposed property; and that if the tower is moved to Marry Boulevard site~ it would be adjacent to residential and oommeruiat. Be stated the proposed sits is 243 off cogbill Southeast and pass the backs of eleven ho~es. 5e further stated the owner of this $i~e offeredz %o the Planning Commission, to plant additional trees adjacent to Chippenham Parkway and provide additional screening for the proposed site are net willing to give the applicant those same type of access and the site being recommended by staff. Ha stated the additional 100 foot buffer on the proposed site as requested by ~%a£f- He state~ the only agreement b~t~een th~ applicant and the owner of the Marry Boulevard site is the ability to take an interest in developing the entire site; that the owners are net willing to agree to the requests by County staff; amd He requested the Board tc approve these requests to allow this project to join the business community. Sessions with the Planning Commissisn~ a ssrise of s~andard property; that no additional signs be on property; that the tower receive approval from the Federal Aviation Association (FAA); ~hat there be no interference with the County*s public ~afety trunk system; that there he limitations on the color and lighting of the tower; that lights be placed on the tower, with 7/24/96 an upward focus, if there is a requirement for airplane ~afety; and that the tower be removed within twelve months if it is not Mr. cogbill stated the ~tandard cunditiuns are acceptable to the applicant. Ms. Beth Dunkum, a resident uf Meadwuod £ub~ivision, stated that she is opposed to the tower on the p~oposed site; that she feels there is very little bu£f~r from large trees on the that she feels the tower will d~tract from the appearance of the community in this areas ~ha% she feels the request is in conflict with the standard ~onditlons; and expressed relative to the precedence that would be set if the request is aDD,eyed. She further stated she is not opposed to placing a tower ~n the area, but is opposed to ~he proposed si~e for tower, she stated sh~ f~el~ th~ second site recommended by staff is much more buffered from the communities point cf view. t~wer on the proposed si~e; that the slt~ i~ located in an established neighborhood; amd expressed concerns reletiv~ to the lack of buffering on the site. She further sta~ed the site will be highly visible to those residin~ in the neighborhood appreciates the value of the technology ~hat the towers will provide, however~ she fe~ls the towerm placement and adheremc~ tn Co,Dry s~andards requires careful Consideration. She further stated she appreciate= the applicant'm effo~t~ in attemptin~ to locate a more buitable site within th~ area and urged the applicant to continue to work toward that goal. ME. ~helby Nayes, a rasiden~ of the Meadwocd Subdivision, Mr. SEip Martik, Assistant M~nuger in the Leasing of ~ell Atlantic, virginia, Incorpcrated~ slated they own the adjacent property to the requested site; and that he supports ~even~e fkom PCS/Primate when the tower wms not located on their site because of the a~sth~tic impact on the neighborhood. He further stuted the applicant is a quality company; that the applicant has gone through ~n extensive search in locating; that past installations of tower equipment on Bell Atla~ti¢~s request. Mr. Cogbill stated that ther~ is l~sn than $~0 f~et difference each of the sites; and presented an overview of a comparison of ~ow the tower will appear on ~he two sites. He stated the applicant look~d at thre~ uther sites suggested by the neighborhood and none of sites were muitable for the tower. He the applicant to start its business. Mr. Daniel stated Ms. ~udson and. ~s. D~nk-um~ hav~~ don~':"'an' admirable job in finding ways to rejuvenate and stimulate community activism within the neighborhood. Ne fur%her downzoninq, Ne s~ated %his afternoon, t~e Board of rejuvenation and renovation Qf th~ ~eadewbrook High School site, which includes purchasing additional properties. He redevelop ~ school sit~ with anticipation of s~mething negative 7/24/96 96-~98 happening in th~ neighborhood. He stated the fact that the proposed site is currently zoned to provide for a communlcation~ tower with height restrictions. He further stated he has considered the fact that the landowner is not prepared to yield on buffer restrictions on the second site b~ing recommended and rte fact that the County has approved other requests such as this in an effort to minimize the impact on a neighborhood. He stated he cannot, in his judgement, suggest that tho te~er be located en the alternative site, which is zoned agricultural, and that the applicant has agreed to the ~tandard conditions. When a~ked, ~r- Jacobsen pre~snted an overvie~ ~f landscaping requlrement~ on the proposed site. Mr. Daniel briefly r~viewed the standard conditions required for %he tower and stated the County Administrator has im~tructed staff to lock into formalizing some of ~he County's processes in ~ealing with communications tows~s. He further state~ after much discusuion, consultation, and looking at different options, he feels the proposed site is the best location for the tower. Mr. Daniel then made a motion~ seconded by ~r- Warren, for the Board to ouerrule the decision of ~he Planning ~o~miseion and found Case 96PQ0217 to be substantially in accord with the Comprehensive Plan, subject to the following conditions~ access and associated facilities shall be located as generally depicted on the plan submitted with th~ application- (NOTE: The plan submitted with the application depicts electrical service e~tended from a power Dole along Ccgbill Read. The Zoning Ordinance will require that this electrical service extension be provided underground.} 2. A 100 foot buffer shall be maintained around the property, except where adjacent to Tax MaD ~i-11 Parcel 3. Except for access and utilities, which may be extended generally perpendicular through this buffer, existing mature vegetation within this buffer shall be preserved and maintained. Existing v~get~tion shall be supplemented where necessary to mlnlmlze the views of the tower and associated equipment fro~ adjacent properties and public Of way. Additional plantings shall consist of trees of specie~ having an average minimum mature spread of greater that thirty (~0) feet and a minimum callp~r of $-5 inches at the ti~ of planting, to achieve a density of at least one tree for each twenty (20) lineal feet of buffer, in addition, cleared areas of 300 square f~t or greater nhall be planted with trees, as described herein, tc achieve an minimu~ density of one (1) tre~ for each 900 ~quare £ee~ cf cleared area. At the time of site plan review, a landscaping plan depicting this requirement shall be submitted to the Planning Department for approval. 3. There shall he no ~igns permitted to identify this use. 4, The ba~ of the tower shall ~e enclosed by a minimum six ($) foot high fence, designed to preclude trespassing_ Evergreen plantings, having an initial height and sDacing to previde screening cf tbs base 96~¢9~ of the tower an~ accessory ground mounted equipment or structuresr shall be provided outside the fence enclosure. ~here shall be no accee~ allowed to the depicting this r~quirement shall be submitted to the Planning Dmpartment for approval in conjunction with final site plan review. (NOTE: This condition will ~eq~ire that th~ acce~g to tho tower enclosure depicted on the plan submitted With the application b~ In conjunction with ~ite plan submission, the owner/developer shall mubmit documentation a~ to whether ?AA approval ia required for th~ erection of =he tower. If FAA ~pproval is required, p~io~ to release of a building permit, a copy of FAA shall be submitted to the Planning Department, (P) Tho ~ower an~ a~±Dment shall be designed and installed so as not to interfer~ with Chesterfield County Public S~fety Trunked System. At the time cf ~ite plan r~view, th~ shall submit information as deemed n~c~a~y by the Chesterfield County Communications and Electronics staff to determine if an engineering study should be per£o~%ed to analyze the possibility of radio frequency interference with th% County ~y~tem, based upon tower location and height, an~ upon the frequencies and ~ff~ctive Eadiat~d power generated by tower mounted equipment. Prior to release Of building per, it th~ Rtudy, if ~eq~ired, shall be submitted to~ and apDrove~ ~y, the Chesterfiel~ County CommunicatiOnS and Eleokronlcs staff. (GE) The developer shall be responsible for correcting any frequency problems which affect the Chesterfield COnnhy Public Eafety Trunked System caused by this use. Such cczrectiuns shall he made immediately upon notification by the Chesterfield County Communications mhd Eloctronic~ staff. The color and lightin~ system for the tower shall be a~ follows: a. The tower shall b~ grey or another u~utral color, acceptable to the Planning b. If lighted~ lighting during daylight shall be li~ite~ to sedlnm intensity strobe lights wi~h upward reflection and lighting during night time .hours shall De limited to soft blinking lights. communications purposes for a perico ~hall dismantle and remove the tewmr and all associated equipment'frum'the proper~y~ 96-~00 7/2~/96 On motion of Mr. Dani~tt seconded by Mr. W~rren, the Beard approved Case ~6~N0202 subject to the ~ollewing conditions: 1. Except as modified herein, the prnpoeed towsr~ access and associated facilities shall be located as generally depicted on the plan submitted with the application. The plan submitted with the application depicts electrical service eKtended from a power pole along Ooqb~ll Road. The ~oning Ordinance w~ll 2. A 100 foot buffer shall be maintained around the property, e~capt where adjacent to Ts× Map 52-11 Parcel ~. Except for access and utilities, which may be extended generally perpendicular through this buffer, existing mature vegetation within this buffer shall be preserved and maintained. Existing vegetation shall be supplemented wh~re nesossary to equipment from adjacen= properties and public rights of ~peeies having an average minimum mature crown minimum caliper of 2~5 inches at the time of planting, to achieve a density of at least one (1) addition, cleared areas of ~00 square feet or greater shall ~e planted with tr~es, as describe~ herein~ to achieve a~ minimum density of one the ti~e of site plan review, a landscaping plan depicting this requirement shall be submitted ts the Planning Department for approval. use. (P) six (~) foot high fence, designed to preclude trespassing. Evergreen plantings, having an initial sf the tower and acaessery ground mounted equipment enclosure thraugh these plant~ngs. A deta~Ied plan Plannin~ Department for approval in conjunction ~ith final sit~ plan revi~. (NOTE: This condition wilt require that the access ~o ~hs t~wer enclasure depicted on the plan submitted with the application be relocated.) 5, In conjunction with site plan submission, the owner/developer shall submit documentation as ral=asm of a building per, it, a sopy of FAA approval s~all ba submitted to ~he Planning Depar=msn~. (P) At %he time of site plan review, the owner/developer shall muLmit information as deemed n~ceasary by the 7/24/96 Chesterfield County Communications and Eleetronic~ staff to determine if an engineering study should performed to analyze the possibility of radio frequency interf~r~nc@ with the County ~ystem, based upon tower location and height, and upon the frequencies and e~fectivs radiated power generated by tower mounted e~uip~ent. P~ior to release of a building permit the study, if required, shall be submitted to, and approved by, the Chesterfield County Cemmunication~ and Electronics staff. ?. The deYele~er ~hmll ~e ras~snsible for correcting any frequency problems which affect th~ Chesterfield Cuunty Public Safety Trunked System caused by this ~se. Such corrections ~hall b~ ~ade immediately upsn notifies%ion by the chesterfield County Cummunicatiens ~nd ~leetronics staff. 8. The color and ligbtxng system for ~he tower shall be a. The ~cws~ shall be grey sr another neutral color~ acceptable to th@ Planning Department. b- If lighted, lighting during daylighb shall be limited to medium intensit~ strobe Sights with upward refleetiun and lighting during night time h0u~s Shall be limited to soft blinkin~ lights. 9. At such time tha~ the to~e~ ceae~ to ~e used for c~nmunications purposes for a De~i~d exceeding twelve (12) consecutive months, ~he owner/developer shall dismantle and remove the tower and all associated equipment from =~e proper~y. (P} Vets: Unanimous ~r. Warren seated he is pleased that staf£ will be reviewing the sit~ation of thes~ types of towerm in a~ attempt to best provide this service %vhile pro,acting existing neighborhoods. In Bermuda ~agist~rial ~istric~ ~OLE re~usste~ rezonin~ from community Business (0-3) to General Business (C-~)~ The density cf such amendment will be controlled by zcnie~ conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for cn~msrcial/indnetr~al corridor use, This request lies on 3.1 15814, 1551~ and 15818 Jefferson Davis Highway. Tax ~ap 149-11 (l) Parcel 34 (Sheet 42). Ms. DeYerly Musselman~ Planning Administrator, presented a summary of Case 96SN0268 and stated the Planning Commission and staff recommends approval and ~eoeptance of ~he ~roffered conditions. Mr. Lavern cole stated the reCOmmendation is acceptable. Th~r~ was no opposition very hard wi~ the naighborz re~ar~ing this request and that he supports the request. 96 502 Mr. McHale Board to then made a motisn~ seconded by Mr. Barber, for the approve Case 96SNQ250 end accepted the fcllnwing condltion;: Uses shall be limited to those permitted in the Co.unity Bugine~ (G-3} District plus motorcycle, personal all-terraln vehicle and personal watercraft any motorcycle, personal all-tmrrain vehicle and/or rental ume mhall be owned and operated by Honda tranmferrable nor run with the land. (NOTE~ At ~uch tSne Honda Houg~ Marine ceases to operate a motorcycle, personal all terrain vehicle and rental business, such use will not be permitted.) Motorcycle, personal all-terrain vehicle and/or r~ntal ug~ shall be subject to the following restrictions: A. All repair wsrk shall be done within an $- All overhead ~oo~s stall remain closed e~copt for loading and unloading operations and the There shall be ne elevated display of motorcycles, personal all-terrain vehicles and/or p~rsonal D. There shall be no t~s~ driving of motorcycles Tins~erry Trane or Milhorn Tract Subdivisions. E. Personal watercraft shall be defined es a cxaf~ which accommodates a maximum of fiv~ persons an~ shall be no longer than (~6) feet. Permonal watercraft~ ~hall include jet skis. F. T~ere e~all be no more t~an ten (10) per~0nal all-terrain vehicles, motorcycles and/or personal watercrafts d~played outmi~e. G. ~oure ef eperstien opened to ~he public houre of operation for r~pa~r shall be limited to between 9:00 a.m. mn~ 6:00 p.m., Monday to the public on Sundays ncr shall there be any repair wsrk on Sundaye. H. The use shall he limited to a maximum of 9,650 gross e~uare feet and of that square footage, feet devoted to the service and repair of T~ere shall be no outside storage permitted. (NOTE: This restriction applies to outside storage of any goods permitted to be retailed, motorcycles, personal all-terrain vehicle~ and personal watercraft. This condition would not preclude 7/~4/96 9S-503 outside display of merchandise in conformance with the requirements and limitations of the Zoning Ordinance.) Variance~ or development s~andard waivoro shall net be sought relative to setbacks or other ~oning 0rdinanee requirements as those apply to outside display. 96~0270 Zn Matoa~a Magls~orial ~istniot, T~E C~E~TERFIE~U PL~%NNIN~ CO~9~ISSION requested amendment to Conditional Uae Planned Development (case ~55035) to allow automotive repair in e Neighborhood Busines~ (C-2) 5is~rict. The density of such amendment will bo con~rollsd by zoning conditions or ordinance standards. The Compr~hsnsiv~ Plan ~uqge~ts the prcper~y appropriate ~or community mixed uss, This request lies on ~¢rus lying approximately 175 feet off th~ wegt lids Of Drive, approxi~a=ely 2co fee~ south of H~tl Street Road. Tax ~ap 75-3 (1) ~art of Parcel 14 (Sheet 20). ~r. Jacobsen presented a mummery of C~se 955~Q270 and ~he Planning Commission reco~endm approval subject to one condition. ~ noted the request conforms to tho UpDer Swift Creek Land Use Plan_ ~r. Robert Staplem, the property own~r~ stated the recommendation is e~oeptabl~. There was no opposition pr~sonb. When asked, Mr. Jacobsen sta~od tho owner could construct a service station on the property under the currant zoning, but his use is essentially a service station. addressinq neighborhood eo~cerns and %hat area residents have ¢o~plimen%e~ ~h~ applican~ ~or being a neighborhood partner. Kr$. ~umpkroy then made a motion, seconded by Mr. Barber, for %he Board ~o approve Cas~ 9~$N0270 subject to the following condition: In addition =o the uses permittmd on the subject body, major engine and transmission repair shall be Dermitted on the subject property only. fNOTES: a. This condition is in addition to the Textual Statement of Case 85S035, for the subject Droperty only. All ot~er conditions of Cases 85S035 ~SN0035 rmmain applicable.) Vote: 96-504 on motion of Mr. ~cHal~, ~ond~d ky M~- Barbel, %h~ B~ard adjourned at 9:25 p.m. until August 28, 1996 at 2:00 p.m. 505