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11-09-2005 Minutes BOARD OF SUPERVISORS MINUTES November 9, 2005 - Supervisors in Attendance: Mr. Edward B. Barber, Chairman Mr. R. M. "Dickie" King, Jr., Vice Chairman Mrs. Renny Bush Humphrey Mr. Kelly E. Miller Mr. Arthur S. Warren Mr. Lane B. Ramsey County Administrator - - Staff in Attendance: Colonel Carl R. Baker, Police Department Mr. George Braunstein, Exec. Dir., Community Services Board Mr. Craig Bryant, Dir., Utilities Dr. Billy Cannaday, Jr., Supt., School Board Ms. Marilyn Cole, Asst. County Administrator Ms. Rebecca Dickson, Dir., Budget and Management Mr. Robert Eanes, Asst. to the County Administrator Ms. Lisa Elko, CMC, Clerk Mr. Michael Golden, Dir., Parks and Recreation Mr. Bradford S. Hammer, Deputy Co. Admin., Human Services Mr. John W. Harmon, Right-of-Way Manager Mr. Russell Harris, Mgr. of Community Development Services Mr. Donald Kappel, Dir., Public Affairs Ms. Kathryn Kitchen, Asst. Supt. of Schools for Business and Finance Chief Paul Mauger, Fire and EMS Dept. Mr. Steven L. Micas, County Attorney Mr. Francis Pitaro, Dir., General Services Mr. James J. L. Stegmaier, Deputy Co. Admin., Management Services Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development Mr. Kirk Turner, Dir., Planning Mr. King called the regularly scheduled meeting to order at 4:07 p.m. He stated Mr. Barber is not present this afternoon because he is attending a meeting of the Governor's Commission on Transportation in Urbanized Areas, but will arrive in time for the evening session. 05-872 11/09/05 1. APPROVAL OF MINUTES FOR OCTOBER 26, 2005 On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board approved the minutes of October 26, 2005, as submitted. Ayes: King, Humphrey, Miller and Warren. Nays: None. Absent: Barber. 2 . COUNTY ADMINISTRATOR'S COMMENTS Mr. Ramsey recognized Mr. Kenneth Moss, Ms. Reverend Cessar Scott and Colonel representatives of the Baptist Children's present at the meeting. Vanessa Easter, Samuel Smi th, Home, who were Colonel Smith came forward and expressed appreciation to the Board for the county's support of the Baptist Children's Home. He stated operations at the home had to cease when uranium was discovered in the well water. He thanked Mr. Pete Stith, Mr. John Bailey and Mr. William Wright for their efforts in designing a water system that cost much less to install than previous estimates, resulting in a $300,000 savings to the facility. Mrs. Humphrey stated the Baptist Children's Home is a beacon of hope for children and families, and Chesterfield is happy to be able to serve the facility. 3. BOARD COMMITTEE REPORTS Mr. King stated he and other county representatives attended the America's Promise Celebration in Washington, D. C. on November 2, 2005, where Chesterfield was recognized by the Alliance for Youth as one of the 100 best communities in the nation for youth. He further stated Board members will be attending Veterans Day celebrations this week and encouraged residents to remember our nation's veterans. 4. REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mrs. Humphrey, seconded by Mr. 'Ñarren, the Board deleted Item 5., Resolution Recognizing Mr. Robert Olsen and Mr. Wolfgang Webner for Their Service to the Board of Building Code Appeals and the County; added Item B.A.loc., Request for permission from Anthony B. and Donna M. Casey to Install a Private Sewer Service Within a Private Easement to Serve Property on Meadowville Road; added Item B .A.lod., Request for permission from Hallsboro Development Corporation for a Gravel Road to Encroach within a Fifty-Foot Unimproved Right of Way Known as White Cap Drive; and adopted the Agenda, as amended. Ayes: King, Humphrey, Miller and Warren. Nays: None. Absent: Barber. 05-873 11/09/05 6. WORK SESSIONS There were no work sessions at this time. 7. DEFERRED ITEMS There were no deferred items at this time. 8. NEW BUSINESS 8.A. CONSENT ITEMS 8.A.l. REQUESTS FOR PERMISSION 8.A.l.a. FROM WESLEY M. AND DEBORAH W. STEWART FOR A PROPOSED INGROUND SWIMMING POOL TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 20, THE WOODS AT SUMMERFORD, SECTION A On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board approved a request from Wesley M. Stewart and Deborah W. Stewart for permission for a proposed inground swimming pool to encroach within a 16-foot drainage easement across Lot 20, The Woods at Summerford, Section A, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: King, Humphrey, Miller and Warren. Nays: None. Absent: Barber. 8.A.l.b. FROM NEAL J. CULINER FOR A PROPOSED FENCE TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 53, MALLORY VILLAGE, SECTION A AT CHARTER COLONY On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board approved a request from Neal J. Culiner for permission for a proposed fence to encroach within a 16-foot drainage easement across Lot 53, Mallory Village, Section A at Charter Colony, subj ect to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board. ) Ayes: King, Humphrey, Miller and Warren. Nays: None. Absent: Barber. 8. A .1. c . FROM ANTHONY B. AND DONNA M. CASEY TO INSTALL A PRIVATE SEWER SERVICE WITHIN A PRIVATE EASEMENT TO SERVE PROPERTY ON MEADOWVILLE ROAD - On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board approved a request from Anthony B. Casey and Donna M. Casey for permission to install a private sewer service wi thin a private easement to serve property at 410 Meadowville Road, and authorized the County Administrator to execute the sewer connection agreerq~nt. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: King, Humphrey, Miller and Warren. Nays: None. Absent: Barber. 05-874 11/09/05 a.A.l.d. FROM HALLSBORO DEVELOPMENT CORPORATION FOR A GRAVEL ROAD TO ENCROACH WITHIN A FIFTY-FOOT UNIMPROVED RIGHT OF WAY KNOWN AS WHITE CAP DRIVE On motion of Mr. Warren, seconded by Mrs. Hurrphrey, the Board approved a request from Hallsboro Development Corporation for permission for a gravel road to encroach within a 50-foot unimproved right of way known as Whi. te Cap Drive. (It is noted a copy of the plat is filed with the papers of this Board. ) Ayes: King, Humphrey, Miller and Warren. Nays: None. Absent: Barber. a.A.2. DESIGNATION OF RIGHT OF WAY AT THE COURTHOUSE COMPLEX FOR THE LUCY CORR MODEL COTTAGE On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board designated 0.399 acres of county property as right of way for the Lucy Corr Model Cottage and authorized the County Administrator to execute the Declaration. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: King, Humphrey, Miller and Warren. Nays: None. Absent: Barber. a.A.3. ACCEPTANCE OF PARCELS OF LAND a . A. 3 . a. SOUTH OF EAST HUNDRED ROAD FROM ENON LAND COMPANY II, LLC On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board accepted the conveyance of two parcels of land south of East Hundred Road, containing a total of 0.42 acres, from Enon Land Company II, LLC, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Kingr, Humphrey, Miller and Warren. Nays : NonE~ . Absent: Barber. a . A. 3 . b. SOUTH OF EAST HUNDRED ROAD FROM ENON LAND COMPANY, LLC On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board accepted the conveyance of seven parcels of land south of East Hundred Road, containing a total of 1.83 acres, from Enon Land Company, LLC, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: King, Humphrey, Miller and Warren. Nays: None. Absent: Barber. 05-875 11/09/05 8 . A. 3 . c . ADJACENT TO THE WEST RIGHT OF WAY LINE OF CONIFER ROAD FROM GEORGE W. CLARKE, JR. AND BARBARA F. CLARKE On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board accepted the conveyance of a parcel of land adjacent to the west right of way line of Conifer Road (State Route 640), containing 0.2307 acres, from George W. Clarke, Jr. and Barbara F. Clarke, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: King, Humphrey, Miller and Warren. Nays: None. Absent: Barber. 8.A.4. SET A PUBLIC HEARING TO CONSIDER THE TAX EXEMPTION REQUEST OF THE EPPINGTON FOUNDATION On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board set the date of December 14, 2005 at 7:00 p.m. for a public hearing for the Board to consider the tax exemption request of The Eppington Foundation. Ayes: King, Humphrey, Miller and Warren. Nays: None. Absent: Barber. - 8.A.5. INITIATION OF AN APPLICATION FOR CONDITIONAL USE TO PERMIT A WASTEWATER PUMP STATION On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board initiated an application for conditional use to permit a wastewater pump station on property at 2301 Arrowfield Road, PIN: 803629370500000, 2106 Arrowfield Road, PIN: 803629323200000 and access road across 2101 Pine Forest Drive, PIN: 803630912200000, 2107 pine Forest Drive, PIN: 802630516000000, and 2109 Pine Forest Drive, PIN: 802630885900000, and appointed John Harmon, County Right of Way Manager as the Board's Agent. Ayes: King, Humphrey, Miller and Warren. Nays: None. Absent: Barber. 8.A.6. AUTHORIZATION FOR CINGULAR TO APPLY FOR CONDITIONAL USE OR CONDITIONAL USE PLANNED DEVELOPMENT FOR COMMUNICATIONS ANTENNAE - 8.A.6.a. TO BE INSTALLED ON COUNTY PROPERTY AT LAKE CHESDIN PARK On motion authorized conditional an tennae to Park. of Mr. Warren, seconded by Mrs. Humphrey, the Board Cingular to apply for conditional use or use planned development for communications be in~talled on county property at Lake Chesdin Ayes: King, Humpqrey, Miller and Warren. Nays: None. Absent: Barber. 05-876 11/09/05 c._~__ 8.A.6.b. TO BE INSTALLED ON COUNTY PROPERTY ,AT THE FAIRGROUNDS On motion authorized conditiona.l antennae to Fairgrounds. of Mr. Warren, seconded by Mrs. Humphrey, the Board Cingular to apply for conditional use or use planned development for communications be installed on county property at the Ayes: Kinçr, Humphrey, Miller and Warren. Nays: None. Absent: Barber. 8.A.6.c. TO BE INSTALLED ON COUNTY PROPERTY AT JAMES RIVER HIGH SCHOOL On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board authorized Cingular to apply for conditional use or condi tional use planned development for communications antennae to be installed on county property at James River High School. Ayes: Kinç¡, Humphrey, Miller and Warren. Nays : NonE~ . Absent: Barber. 8.A.7. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE MIDLOTHIAN AND CLOVER HILL DISTRICT IMPROVEMENT FUNDS TO THE PARKS AND RECREATION DEPARTMENT FOR THE PURCHASE OF A SCOREBOARD AND BLEACHERS FOR THE GREENFIELD ELEMENTARY SCHOOL GYM Mrs. Humphrey requested that the Parks and Recreation Department provide the Board with a list of schools used for the basketball program, indicating which schools do not have scoreboards or bleachers. On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board transferred $4,000 from the Midlothian District Improvement Fund and $1,500 from the Clover Hill District Improvement Fund (total of $5,500) to the Parks and Recreation Department for the purchase of a scoreboard and bleachers for the Greenfield Elementary School gym. Ayes: Kinq, Humphrey, Miller and Warren. Nays: None. Absent: Barber. 9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS There were no hearings of citizens on unscheduled matters or claims at this time. 05-877 11/09/05 10. REPORTS 10.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS 10.B. REPORT ON THE STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board accepted a Report on Developer Water and Sewer Contracts and a Report on the Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. Ayes: King, Humphrey, Miller and Warren. Nays: None. Absent: Barber. 11. DINNER On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board recessed to the Administration Building, Room 502, for dinner. Ayes: King, Humphrey, Miller and Warren. Nays: None. Absent: Barber. - Reconvening: Mr. Barber arrived at the meeting. 12. INVOCATION Reverend Murray Davis, Pastor of Emmaus Community Church gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Thomas Quigley, Jr. led the Pledge of Allegiance to the flag of the United States of America. 14. RESOLUTIONS AND SPECIAL RECOGNITIONS - 14.A. RECOGNIZING CHESTERFIELD COUNTY SCHOOLS' SUPPORT FOR HURRICANE RELIEF EFFORTS Ms. Lynda Price, Emergency Management Coordinator, introduced representatives from Midlothian Middle School, Clover Hill High School and Spring Run Elementary School who were present to receive the resolution. She noted that, in addition to the schools mentioned in the resolution, O. B. Gates Elementary held a book drive and donated over 2,000 books to the Gulf Coast region. 05-878 11/09/05 On motion of the Board" the Board adopted the following resolution: WHEREAS, Hurricane Katrina struck New Orleans, Louisiana on August 29, 2005, causing widespread flooding and displacing hundreds of thousands of residents;: and WHEREAS, the need for food, basic health and comfort items, cash and other necessities has been great in the weeks and months following this devastation; and WHEREAS, students in numerous Chesterfield County schools, often assisted by teachers, staff, parents and others, have organized many efforts to assist Hurricane Katrina victims with donations of cash and goods to help them with the arduous process of recovery; and WHEREAS, Midlothian Middle School students and staff raised $13,050.22 in cash donations; and WHEREAS, Clover Hill High School students raised $10,700 with a variety of activities tha.t included collecting donations at football games, conducting class competitions to raise funds, donations from service clubs and other efforts; and WHEREAS, of this amount, $7,700 was donated to the American Red Cross, $1,500 to the Richmond Animal League and another $1,500 to Dr. Betty Baugh, the latter two for extensive efforts to rescue and care for animals rescued following the hurricane; and WHEREAS, other collection results have included $2,600 raised by James River High School students; more than $4,000 raised at Manchester High School; more than $4,200 at Matoaca High School; more than $2,000 at L.C. Bird High School; $1,650 at J'.1idlothian High School; $725 and clothing items collected at Monacan High School; more than '500 disaster kits of basic health and comfort items collected at Bailey Bridge Middle School; $1,839 collected at Carver Middle School; $2,100 at Chester Middle School; Matoaca Middle School is well on its way to a goal of $2,534.40; Swift Creek Middle School's 7th graders donated school kit supplies; Alberta Smith Elementary School students in Beth Davis' MIMD class wrote friendship letters to students affected by the hurricane; and WHEREAS, Crestwood Elementary School students are collecting books for Dauphin Island Elementary School; Ecoff Elementary School has collected clothing, shoes, books and toys, along with letters and stuffed animals; Enon Elementary School raised more than $1,100; Ettrick Elementary School students and staff raised $1,012; Evergreen Elementary School students and staff raised $1,462.39; A.M. Davis students and staff collected $650; Falling Creek Elementary is hosting two movie nights to raise money for Save the Children; and WHEREAS, at Gordon Elementary School, students and the PTA raised more than $3,800; Hening Elementary School is collecting money in a larg(= :jar in the office; Jacobs Elementary School students and staff raised $1,145, mostly in major store gift cards for hurricane victims; Marguerite Christian Elementary School students, parents and staff 05-·879 11/09/05 collected $1,840.47; Robious Elementary School raised several thousand dollars; Salem Elementary School collected $630.93, the first $175 of which was matched by First Market Bank, along with donations to the Humane Society; and WHEREAS, Spring Run Elementary School filled a 40,000- pound tractor-trailer with goods for the Feed the Children organization to transport to the Gulf Coast region; Watkins Elementary School students and staff raised $1,850; Weaver Elementary School students collected $5,216.19; Reams Elementary students, parents and staff collected $1,840.47; Greenfield Elementary students and staff collected $800; and C.C. Wells Elementary School raised more than $1,000. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 9th day of November 2005, appreciates the exemplary demonstrations of generous caring and heartfelt assistance offered by the students, teachers, staff, families and friends of these Chesterfield County schools, and thanks them for their work on behalf of those adversely affected by Hurricane Katrina. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. Mr. Warren presented executed resolutions to representatives from Midlothian Middle School, Clover Hill High School and Spring Run Elementary School and commended all of the schools on their tremendous efforts to help fellow Americans in need. - 14.B. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT 14.B.l. MR. MATTHEW LOWE, MATOACA DISTRICT 14. B. 2 . MR. JOHN NEWMAN, MIDLOTHIAN DISTRICT 14.B.3. MR. THOMAS QUIGLEY, JR., MIDLOTHIAN DISTRICT 14.B.4. MR. BENJAMIN RICE, MIDLOTHIAN DISTRICT Mr. Hammer introduced Mr. Matthew Lowe, Mr. John Newman, Mr. Thomas Quigley, Jr. and Mr. Benjamin Rice, who were present to receive resolutions. On motion the Board, the following resolution was adopted: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and - WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to their community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law 05-880 11/09/05 - Mr. Matthew Steven Lowe, Mr. John Michael Newman, and Mr. Thomas Michael Quigley, Jr., all of Troop 800, sponsored by Bethel Baptist Church; and Mr. Benjamin Thomas Rice, Troop 876, sponsorE~d by Mount Pisgah Uni ted Methodist Church; have accomplished those high standards of commitment and have reached the long-sought goal of Eagle Scout which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through their experiences in Scouting, learning thE~ lessons of responsible citizenship, and endeavoring to prepare themselves for roles as leaders in society, Matt, John, Tommy, and Ben have distinguished themselves as members of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 9th day of November 2005, hereby extends its congratulations to Mr. Matthew Steven Lowe, Mr. John Michael Newman, and Mr. Thomas Michael Quigley, Jr., and Mr. Benjamin Thomas Rice, and acknowledges the good fortune of the county to have such outstanding young men as its citizens. Ayes: Barber, King, Humphrey, Mille]: and Warren. Nays: None. Mr. Barber and Mrs. Humphrey presented the executed resolutions and patches to Mr. Lowe, Mr. Newman, Mr. Quigley and Mr. Rice, accompanied by members of their family, congratulated them on their outstanding achievement, and wished them well in their future endeavors. ------ Mr. Lowe, Mr. Newman, Mr. Quigley and Mr. Rice provided details of their Eagle Scout Proj ects and tha.nked those who have supported them throughout their scouting experience. 15. PUBLIC HEARINGS 15.A. TO CONSIDER AMENDING CHAPTER 10 OF THE COUNTY CODE RELATING TO FIRE PROTECTION Fire Marshal Robbie Dawson stated this date and time has been advertised as a public hearing for the Board to consider amendments to Chapter 10 of the County Code reÜating to fire protection. He further stated the proposed ordinance amendments are consistent with changes to the Virginia Statewide Fire Prevention Code that will be adopted by the state on November 16, 2005, and also include a substantive change to the county's current fire prevention amendments by requiring that individuals who wish to put on pyrotechnics exhibitions obtain a permit before doing so. Mr. Barber called for public cormnent.. '-" No one came forward to speak to the ordinance amendments. On motion of Mr. Miller, seconded by Mrs. Humphrey, the Board adopted the following ordinance: 05··88l 11/09/05 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTIONS 10-1, 10-3 AND 10-7 RELATING TO FIRE PREVENTION BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (I) That Chapter Chesterfield, 1997, read as follows: 10 of the Code of the County of as amended, is amended and re-enacted to Sec. 10-1. Fire prevention code adopted. The county shall enforce the Virginia Statewide Fire Prevention Code promulgated by the Board of Housing and Community Development of the Commonwealth pursuant to Code of Virginia, § 27-98. The provisions of the Virginia Statewide Fire Prevention Code and chapter 10 of this Code shall be enforced by the Fire Marshal, or his duly authorized representative, hereafter referred to as the "fire official" at the direction of the Chief of the county fire department. Sec. 10-3. deletions. Fire prevention code --Amendments, additions and The Virginia Statewide Fire Prevention Code is hereby amended and changed pursuant to Code of Virginia, §27-97, in the following respects: - Chapter 1. Administration and Enforcement 106.3 Inspections: Delete and substitute 106.3 as follows: The fire official is authorized to conduct such inspections as are deemed necessary to determine the extent of compliance with the provisions of this code and to approve reports of inspection by approved agencies or individuals. All reports of such inspections shall be prepared and submitted in writing for review and approval. Inspection reports shall be certified by a responsible officer of such approved agency or by the responsible individual. The fire official is authorized to engage such expert opinion as deemed necessary to report upon unusual, detailed or complex technical issues subj ect to the approval of the governing body. The fire official may require the owner or owner I s agent to inspect the owner's property or equipment in accordance with guidelines approved by the fire official. 106.8 Plans Review and Certificate of Occupancy: Add section 106.8 as follows: - The fire official shall assist the building official in the review of construction plans for compliance with the fire protection provisions of the Virginia Uniform Statewide Building Code for all structures and/or facilities, except detached one- and two-family dwellings, prior to the issuance of a building permit. Furthermore, the fire official shall assist the building official in performing inspections of new systems and structures prior to the issuance of the certificate of occupancy. 05-882 11/09/05 106.9 Fire Hydrants: Add section 106.9 as follows: During the site and/or construction plans review process for construction or change in use of any building or structure, the fire official shall have the authority to require the installation of fire hydrants as he deems DE~cessary to have water available for fire fighting purposes prior to the use of combustible materials in construction being commenced on any floor above the first or ground floor level. Such hydrants shall be accessible to fire fighting apparatus at the time they are installed and at all times thereafter. The fire official will determine the need for fire hydrants based on the use and size of the structure involved and the availability of water in the area of the property. The number of fire hydrants, their placement and the desired flow shall be determined by regulations established from nationally recognized standards. - 106.10 Authority to Take photographs: Add section 106.10 as follows: The fire official or his duly authorized representative is authorized t:o make sketches and take photographs to document conditions he observes that he believes are violations of the provisions of this code. Subsequent to a fire, explosion, or other emergEmcy, photographs may be taken as are necessary to adequately depict the conditions of the property for the purpose of investigation. No person shall prevent the fire official from making sketches or taking photographs. 107.2 Operacional Permits: Add Table 107.2 as follows: Aerosol products. An operational permit is required to manufacture, store or handle an aggregate quantity of Level 2 or Level 3 aerosol products in excess of 500 pounds (227 kg) net weight. Amusement buildings. An operational permit is required to operate a special amusement building. Aviation facilities. An operational permit is required to use a Group H or Group S occupancy for aircraft servicing or repair and aircraft fuel-servicing vehicles. Additional permits required by other sections of this code include, but are not limited to, hot work, hazardous materials and flammable or combustible finishes. Carnivals and fairs. An operational permit is required to conduct a ca:r-nival or fair. Battery systems. An operational permit is required to install stationary lead-acid battery systems havinq a liquid capacity of more than 50 gallons (189 L). - Cellulose nitrate film. An operational permit is required to store, handle or use cellulose nitrate film in a Group A occupancy. Combustible dust producing operations. An operational permit is required to operate a grain elevator, flour starch mill, feed mill, or a plant pulverizing aluminum, coal, cocoa, magnesium, spices or sugar, or other operations producing combustible dusts as defined in Chapter 2. Combustible fibers. An operational permi t is- required for the storage and handling of comt~stible fiber-s in quantities greater than 100 cubic feet (2.8 ffiJ). Exception: An operational permit is not required for agricultural storage. TABLE 107.2. OPERATIONAL PERMIT REQUIREMEWrS DESCRIPTION PERMIT PERMIT REQUIRED FEE (yes or noj No ~__ß INSPECT.l N FEE No No No No No No . ~- No ~-~-_.,-- 05-883 11/09/05 Compressed gas. An operational permit is required for the storage, use or handling at normal temperature and pressure (NTP) of compressed gases in excess of the amounts listed below. Exception: Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle. PERMIT AMOUNTS FOR COMPRESSED GASES TYPE OF GAS Corrosive Flammable (except cryogenic fluids and liquefied petroleum gases) Highly toxic Inert and simple asphyxiant Oxidizing (including oxygen) Toxic For SI: Covered for: 1. AMOUNT (cubic feet at NTP) 200 Any 200 amount 6,000 504 amount Any 1 cubic foot = 0.02832 m2 mall buildings. An operational permit is required .- The placement of retail fixtures and displays, concession equipment, displays of highly combustible goods and similar items in the mall. 2. The display of liquid- or gas-fired equipment in the mall. 3. The use of open-flame or flame-producing equipment in the mall. Cryogenic fluids. An operational permit is required to produce, store, transport on site, use, handle or dispense cryogenic fluids in excess of the amounts listed below. Exception: Operational permits are not required for vehicles equipped for and using cryogenic fluids as a fuel for propelling the vehicle or for refrigerating the lading. Cutting and welding. An operational permit is required to conduct cutting or welding operations within the jurisdiction. Dry cleaning plants. An operational permit is required to engage in the business of dry cleaning or to change to a more hazardous cleaning solvent used in existing dry cleaning equipment. Exhibits and trade shows. An operational permit is required to operate exhibits and trade shows. Explosives, ammunition and blasting agents: Storage, approved overnight Transportation, each vehicle Use, each site or location Firm or company license Extremely Hazardous Substances (EHS) Fireworks Retailer and/or Wholesaler Public or private Display Fire hydrants and valves. An operational permit is required to use or operate fire hydrants or valves intended for fire suppression purposes which are installed on water systems and accessible to a fire apparatus access road that is open to or generally used by the public. Exception: An operational permit is not required for authorized employees of the water company that supplies the system or the fire department to use or operate fire hydrants or valves. Flammable and combustible liquids. An operational permit is required: 1. To use or operate a pipeline for the transportation within facilities of flammable or combustible liquids. This requirement shall not apply to the offsite transportation in pipelines regulated by the Department of Transportation (DOTn) (see Section 3501.1.2) nor does it apply to piping systems (see Section 3503.6). 2. To store, handle or use Class I liquids in excess of 5 gallons (19 L) in a building or in excess of 10 gallons (37.9 L) outside of a building, except that a permit is not required for the following: 2.1. The storage or use of Class I liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant, unless such storage, in the opinion of the fire official, would cause an unsafe condition. 2.2. The storage or use of paints, oils, varnishes or similar flammable mixtures when such liquids are stored for maintenance, painting or similar - 05-884 No No No No No No Yes No No Yes No No $65.00 $0 11/09/05 purposes for a period of not more than 30 days. 3. To store, handle or use Class lIar Class IlIA liquids in excess of 25 gallons (95 L) in a building or in excess of 60 gallons (227 L) outside a building, except for fuel oil used in connection with oil burning equipment. 4. To remove Class I or Class II liquids from an underground storage tank used for fueling motor vehicles by any means other than the approved, stationary on-site pumps normally used for dispen,;j.ng purposes. 5. To operate tank vehicles, equipment, tanks, plant;;, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used, 6. To remove, abandon, place temporarily out of service (for more than 90 days) or otherwise dispose of an underground, protected above-ground or abov'e-ground flammable or combustible liquid tank. 7. To change t.he type of contents stored in a flammable or combustible liquid tank to a material which poses a greater hazard than that for which the tank was designed and constructed. 8. To manufacture, process, blend or refine flammable or combustible liquids. Floor finishing, An operational permit is required for floor finishing or surfacing operations exceeding 350 square feet (33 m2) using Class I or Class II liquids. Fruit and crop ripening. An operational permit is required to oper'ate a fruit-, or crop-ripening facility or conduct a fruit-ripening process using ethylene gas. Fumigation and t:hermal insecticidal fogging. An operational permit is required to operate a business of fumigation or thermal insecticidal fogging and to maintain a room, vault or chamber in which a toxic eX" flammable fumigant is used. Hazardous materj:als. An operational permit is required to store, transport on site, dispense, use or handle hazardous materials in excess of the amounts listed below. - PERMIT AMOUNTS FOR HAZARDOUS MATERIALS TYPE OF MATERIAL l\MOUNT See flammable and combustible liquids Combustible liquids Corrosive materials Gases See compressed gases 55 c¡allons 1,000 pounds See explosives See compressed gases See flammable and combustible liquids 100 pound~, Liquids Solids Explosive materials Flammable materials Liquids Solids Highly toxic materials Gases See compressed gas(?s Any amount. Any amount Liquids Solids Oxidizing materials Gases Sef~~ cornpres sed gases Liquids Class 4 Class 3 Class 2 Class 1 Solids Class 4 Class 3 Class 2 Class 1 Organic peroxides Liquids Class I Class II Any amount: 1 qallon 10 gallons 55 gallons Any amount 10 pounds 100 pounds 500 pounds Any amount Any amount: .---.- -- 05-885 No No No No -" -- -~ 11/09/05 Class III 1 gallon Class IV 2 gallons Class V No permit required Solids Class I Any amount Class II Any amount Class III 10 pounds Class IV 20 pounds - Class V No permit required Pyrophoric materials Gases See compressed gases Liquids Any amount Solids Any amount Toxic m See compressed gases Liquids 10 gallons Solids 100 pounds PERMIT AMOUNTS FOR HAZARDOUS MATERIALS TYPE OF MATERIAL - Unstable (reactive) materials Liquids Class 4 Class 3 Class 2 Class 1 Solids Class 4 Class 3 Class 2 Class 1 Water-reactive materials Liquids Class 3 Class 2 Class 1 Solids Class 3 Any amount Class 2 50 pounds Class 1 500 pounds For 81: 1 gallon = 3.785 L, 1 pound = 0.454 kg. HPM facilities. An operational permit is required to store, handle or use hazardous production materials. High piled storage. An operational permit is required to use a building or portion thereof as a high-piled storage area exceeding 500 square feet (46 nu) . Hot work operations. An operational permit is required for hot work including, but not limited to: 1. Public exhibitions and demonstrations where hot work is conducted. 2. Use of portable hot work equipment inside a structure. Exception: Work that is conducted under a construction permit. 3. Fixed-site hot work equipment such as welding booths. 4. Hot work conducted within a hazardous fire area. 5. Application of roof coverings with the use of an open-flame device. 6. When approved, the fire official shall issue a permit to carry out a Hot Work Program. This program allows approved personnel to regulate their facility's hot work operations. The approved personnel shall be trained in the fire safety aspects denoted in this chapter and shall be responsible for issuing permits requiring compliance with the requirements found in this chapter. These permits shall be issued only to their employees or hot work operations under their supervision. Industrial ovens. An operational permit is required for operation of industrial ovens regulated by Chapter 21. Lumber yards and woodworking plants. An operational permit is required for the storage or processing of lumber exceeding 100,000 board feet (8,333 ft3) (236 m3). Any amount Any amount 5 gallons 10 gallons Any amount Any amount 50 pounds 100 pounds Any amoun t 5 gallons 55 gallons 05-886 No No No No No No 11/09/05 Liquid- or gas-fueled vehicles or equipmen t ~:n assembly No buildings. An operational permit is required to display, operate or demonstrate liquid- or gas-fueled vehicles or equipment in assembly buildings. LP-gas. An operational permit is required for: No 1. Storage and use of LP-gas. Exception: An operational permit is not required for individual containers with a 500-gallon 11893 L) water capacity or less serving occupancies in Group R-3. 2. Operation of cargo tankers that transport LP-gas. Magnesium. An operational permit is required to me} t, No cast, heat treat or grind more than 10 pounds (4.54 kg) of magnesium. -~ Miscellaneous combustible storage. An operational permit No is required to store in any building or upon any premises in excess of 2,500 cubic feet (71 m3) gross volume of combustible empty packing cases, boxes, barrels or similar containers, rubber tires, rubber, cork or similar combustible material. Open burning. An operational permit is required for the Yes $400.00 kindling or maintaining of an open fire or a fire on any public street, a 11 ey , road, or other public or private ground. Instructions and stipulations of the pé"rmi t shall be adhered to. Except ion: Recreational fires and provided further that the County Administrator may administratively suspend the open burning fee for a temporary period of time after any national, state or local authority declares a d is as tE~r affecting all or a portion of the County. Open flames and candles. An operational permit is No required to remove paint with a torch; use a torch :,',r open-flame device in a hazardous fire area; or to use open flames or candles in connection with assembly areas, dining areas of restaurants or drinking establishments. Organic: coa t ings . An operational permit is required for No any organic-coat i:~g manufacturing operation producing more than 1 gallc>:1 (4 L) of an organic coatinq in on.e day. Places of Assembly/educational. An operational permi t is No required to opera'te a place of assembly/educational occupancy. Private fire hydrants. An operational permi t is required No for the removal from service, use or operation of private fire hydrants, Exception: An operational permit is not required fOT' private industry with trained maintenance personnel, private fire brigade or fire departments to maintain, test and use private hydrants. Pyrotechnic special effects material. An operational Yes $0 permit is required for use and handling of pyrotechnic special effects material. Pyroxylin plastics. An operational permit is required for No storage or handling of more than 25 pounds (ll kg) of cellulose nitrate (pyroxylin) plastics and for the assembly or manufacture of articles involving pyroxylin plastics. - Refrigeration equ:lpment. An operational permit is No required to operate a mechanical refrigeration unit 01 system regulated by Chapter 6. Repair garages and service stations. An operational No permit is required for operation of repair garages and automotive, marine and fleet service stations. Rooftop heliports. An operational permit is required for No the operation of él rooftop heliport. Spraying or dipping. An operational permit is required to No conduct a sprayinçr or dipping operation utilizing flammable or combustible liquids or the application of combustible powders regulated by Chapter 15. .. Storage of scrap t:ires and tire byproducts. An No operational permi t: is required to establish, conduct OJ:~ -...-' maintain storage of scrap tires and tire byproducts that exceeds 2,500 cubic feet (71m3) of total volume of scrap tires and for indoor storage of tires and tire byproducts. Temporary membrane structures, tents and canopies. An No operational permit is required to operate an air- supported temporary membrane structure or a tent, Exceptions: 1. Tents used exclusively for recreational camping purposes. 2. Tents and air-supported structures that cover an 05-887 11/09/05 - area of 900 square feet (84 m2) or less, including all connecting areas or spaces with a common means of egress or entrance and with an occupant load of 50 or less persons. 3. Fabric canopies and awnings open on all sides which comply with all of the following: 3.1. Individual canopies shall have a maximum size of 700 square feet (65 m2) . 3.2. The aggregate area of multiple canopies placed side by side without a firebreak clearance of 12 feet (3658 mm) shall not exceed 700 square feet (65m2) total. 3.3. A minimum clearance of 12 feet (3658 mm) to structures and other tents shall be provided. Tire-rebuilding plants. An operational permit is required for the operation and maintenance of a tire-rebuilding plant. Waste handling. An operational permit is required for the operation of wrecking yards, junk yards and waste material-handling facilities. Wood products. An operational permit is required to store chips, hogged material, lumber or plywood in excess of 200 cubic feet (6 m3) . No No No 111.3 Failure to Correct Violations: Delete and substitute 111.3 as follows: - If the notice of violation is not complied with within the time specified by the fire official, the fire official may issue a summons for the violation of the code. The fire official may also request the county attorney to institute the appropriate legal proceedings to restrain, correct or abate such violation or to require removal or termination of the unlawful use of the building or structure in violation of the provisions of this code or of any order or direction made pursuant to the code. 111.4 Penalties: Delete and substitute section 10-6 of the Chesterfield County Code. Chapter 2. Definitions 202.0. General Definitions. Add the following definition: The term "occupant" situated in or on irrespecti ve of the occupancy. means any person physically located or any property, structure or vehicle length of time or the reason for such Chapter 3. General Precautions Against Fire 307.1 Title and Purpose. Delete and substitute section 307.1 as follows: - This article shall be known as the Chesterfield County Ordinance for the Regulation of Open Burning. The purpose of this article is to protect public health, safety, and welfare by regulating open burning within Chesterfield County to achieve and maintain, to the greatest extent practicable, a level of air quality that will provide comfort and convenience while promoting economic and social development. This article is intended to supplement the applicable regulations promulgated by the State Air Pollution Control Board and other applicable regulations and laws. 307.2 Definitions. Delete and substitute section 307.2 as follows: 05-888 11/09/05 For the purpose of this article and subsequent amendments or any orders issued by Chesterfield County, the words or phrases shall have the meaning given them in this section. A. "Automobile graveyard" means any lot or place which is exposed to the weather and upon which more than five motor vehicles of any kind, incapable of being operated, and which it would not be economically practical to make operative, are placed, located or found. B. "Bonfire" means an outdoor ceremonial purposes. fire utilized for C. "Clean burning waste" means produce dense smoke when prohibited to be burned under waste which does burned and is this ordinance. not not D. "Construction waste" means solid waste which is produced or generated during construction of structures. Construction waste consists of lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, and metal and plastics if the metal or plastics are a part of the materials of construction or empty containers for such materials. Paints, coatings, solvents, asbestos, any liquid, compressed gases or semi-liquids, and garbage are not construction wastes and the disposal of such materials must be in accordance with the regulations of the Virginia Waste Management Board. E. "Debris waste" means leaves from property clearing operations. stumps, wood, maintenance brush, and/or and land F. "Demolition waste" means that solid waste which is produced by the destruction of structures and their foundations and includes the same materials as construction waste. G. "Garbage" means accumulated by ordinary day t,o rotting animal a household day living. and vegetable matter in the course of H. "Hazardous waste" means refuse or combinations of refuse which, because of its quantity, concentration or physical, chemical or infectious characteristics may: serious illness; significantly in mortali ty irreversible or contribute to an or an increase in or incapacitating lo Cause or increase 2. Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed, or otherwise managed. 05-889 11/09/05 I. "Household refuse" means waste material and trash normally accumulated by a household in the course of ordinary day to day living. J. "Industrial waste" means all waste generated on the premises of manufacturing and industrial operations such as, but not limited to, those carried on in factories, processing plants, refineries, slaughterhouses, and steel mills. K. "Junkyard" means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary landfills. L. "Landfill" means a sanitary landfill, an industrial waste landfill, or a construction/demolition/debris landfill. See solid waste management regulations for further definitions of these terms. M. "Local landfill" means any landfill located within the jurisdiction of a local government. N. "Occupied building" means any intended for supporting occupancy. structure occupied or or sheltering any O. "Open burning" means the burning of any matter in such a manner that the products resulting from combustion are emitted directly into the atmosphere without passing through a stack, duct or chimney. P. "Open pit incinerator" means a device used to burn waste for the primary purpose of reducing the volume by removing combustible matter. Such devices function by directing a curtain of air at an angle across the top of a trench or similarly enclosed space, thus reducing the amount of combustion by-products emitted into the atmosphere. The term also includes trench burners, air curtain destructors and overdraft incinerators. Q. "Refuse" means trash, rubbish, garbage and other forms of solid or liquid waste, including, but not limited to, wastes resulting from residential, agricultural, commercial, industrial, institutional, trade, construction, land clearing, forest management and emergency operations. R. " Salvage operation" means any operation consi sting of a business, trade or industry participating in salvaging or reclaiming any product or material, such as, but not limited to, reprocessing of used motor oils, metals, chemicals, shipping containers or drums, and specifically including automobile graveyards and junkyards. S. "Sanitary landfill" means an engineered land burial facility for the disposal of household waste which is so located, designed, constructed, and operated to contain and isolate the waste so that it does 05-890 11/09/05 not pose a substantial present or potential hazard to human heal th or the environment. A sani tary landfill also may receive other types of solid wastes, such as commercial solid waste, nonhazardous sludge, hazardous waste from conditionally exempt small quantity generators, and nonhazardous industrial solid waste. See solid waste management regulations for further definitions of these terms. T. "Smoke" means small gas-borne particulate matter consisting mostly, but not exclusively, of carbon, ash and other material in concentrations sufficient to form a visible plume. u. "Special incineration device" means a incinerator, conical or tepee burner, or any device specifically designed to provide combustion performance. pit other good 307.3 Open Burning Regulations. Delete and substitute Section 307.3 as follows: A. No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of refuse except as provided in this ordinance. B. No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of household refuse or garbage. C. No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of rubber tires" asphaltic materials, crankcase oil, impregnated wood or other rubber or petroleum based materials except when conducting bona fide fire fighting instruction at fire fighting training schools having permanent facilities. D. No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of hazardous waste or containers for such materials. E. No owner or other person shall cause or permit open burning or the use of a special incineration device for the purpose of a salvage operation or for the disposal of commercial/industrial waste. F. Open burning or the use of special incineration devices permitted under the provisions of this ordinance does not exempt or excuse any owner or other person from the consequences, liability, damages or injuries which may result from such conduct; nor does it excuse or exempt any owner or other person from complying with other applicable laws, ordinances, regulations and orders of the governmental entities having jurisdiction, even though the open burning is conducted in compliance wi th thi s ordinance. In thi s regard spec ial attention should be directed to Code of Virginia, 05-891 11/09/05 §10.1-1142, of the Forest Fire Law of Virginia, the regulations of the Virginia Waste Management Board, and the State Air Pollution Control Board's Regulations for the Control and Abatement of Air Pollution. G. Upon declaration of an alert, warning or emergency stage of an air pollution episode as described in part VII of the Regulations for the Control and Abatement of Air Pollution or when deemed advisable by the state air pollution control board to prevent a hazard to, or an unreasonable burden upon, public health or welfare, no owner or other person shall cause or permit open burning or use of a special incineration device, and any in process burning or use of special incineration devices shall be immediately terminated in the designated air quality control region. 307.3.1 Exemptions. Add subsection 307.3.1 as follows: The following prohibitions to Control Board's Air Pollution: activities are exempted from the above the extent covered by the State Air Pollution Regulations for the Control and Abatement of A. Open burning for training and instruction government and public fire fighters under supervision of the designated official industrial in-house fire fighting personnel; of the and B. Open burning for camp fires or other fires that are used solely for recreational purposes, for ceremonial occasions, for outdoor noncommercial preparation of food, and for warming of outdoor workers; C. Open burning for the destruction of any combustible liquid or gaseous material by burning in a flare or flare stack; D. Open burning for forest management and agriculture practices approved by the state air pollution control board; and E. Open burning for the destruction of classified military documents. 307.3.2 permissible open burning. Add subsection 307.3.2 as follows: A. Open burning is permitted for the disposal of tree trimmings and garden trimmings located on the premises of private property, provided that the following conditions are met: - 1. A written permit, valid for thirty (30) days, must be obtained from the Chesterfield Fire & EMS, Fire and Life Safety Division. Application for permit shall include: completed information form, the name, address and telephone number of the occupant and, if different, owner of the property on which the burn is conducted and of any other entity 05-892 11/09/05 conducting or responsible for the burn. Application shall be submitted to the Fire and Life Safety Division at least 15 days before the desired burn; and 2. A copy of the burn permi t shall be maintained at. the site of the burn, shall be available for review at all times during the burn, shall be displayed so as to be visible from a public roadway and shall be maintained in a manner that protects it from de!terioration by weather; and 3. The burning shall take place on the premises of the private property from which the trimmings were taken; and all reasonable effort shall be made to minimize the amount of material burned, with the number and size of the pile!s approved by Chesterfield County Fire & EMS, Fire and Life Safety Division; and 4. The location of the burning shall be a minimum of 300 feet from any occupied building unless the occupants have given prior written permission, other than buildings located on the property on which the burning is conducted. If the Chesterfield County Fire & EMS, Firf~ and Life Safety Division determines that it is necessary to protect public health and welfare, it may direct that the above cited distances be increased; and 5. All fires must be at least 50 feet from any structure; and -....' 6. Permitted fires shall be constantly attended by a competent person until they are extinguished. The attendee shall have fire extinguishing equipment readily available for use as deemed necessary by the code official; and 7. No regularly scheduled public or private collection service for such trirrmlings is available at the adjacent street or public road, and 8. Permi ts for burning trimmings shall be year. tree trimmings limi ted to two andí or garden per site per B. Open burning is permitted for disposal of debris waste resul ting from property maintenance, from the development or modification of roads and highways, parking areas, railroad tracks, pipelines, power and communication lines, bui Idings or bui Iding areas, sanitary landfills, or from any other designated local clearing operations which may bE~ approved by Chesterfield Fire & EMS, Fire and Life Safety Division, providE~d the following conditions are mE~t: 1. A written permit, valid for ninety (90) days, must be obtained from the Chesterfield Fire & EMS, Fire and Life Safety Division. Application for permit shall include: Fee for permi t, completed information form, site plan drawing of burn site, proof of liability insurance for party performing 05-893 11/09/05 burn, and the name, address and telephone number of the owner and, if different, developer of the property on which the burn is conducted and of any other entity conducting or responsible for the burn. Application shall be submitted to the Fire and Life Safety Division at least 15 days before the desired burn. .- 2. A copy of the burn permit shall be maintained at the site of the burn, shall be available for review at all times during the burn, shall be displayed so as to be visible from a public roadway and shall be maintained in a manner that protects it from deterioration by weather; and 3. The burning shall take place on the site from which the debris waste was generated. All reasonable effort shall be made to minimize the amount of material burned, with the number and size of the debris piles approved by Chesterfield County Fire & EMS, Fire and Life Safety Division; 4. The material to be burned shall consist of brush, stumps and similar debris waste and shall not include demolition material; 5. The location of the burning shall be a minimum of 500 feet from any occupied building unless the occupants have given prior written permission, other than buildings located on the property on which the burning is conducted. If the Chesterfield County Fire & EMS, Fire and Life Safety Division determines that it is necessary to protect public health and welfare, it may direct that the above cited distances be increased; and 6. The burning shall be conducted at the greatest distance practicable from highways and airfields; 7. Permitted fires shall be constantly attended by a competent person until they are extinguished and conducted to ensure the best possible combustion with a minimum of smoke being produced. The attendee shall have fire extinguishing equipment readily available for use as deemed necessary by the code official; 8. The burning shall not be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials; and 9. The burning shall be conducted only prevailing winds are away from any city, built-up area. when the town or - 10. The permit holder must maintain liability insurance in the minimum amount of $1,000,000 general liabili ty coverage at all times while burning is taking place. At the time of permit application, a certificate of insurance coverage shall be submitted to the fire marshal; and 05-894 11/09/05 C. Open burning is permitted for disposal of debris on the site of local landfills provided that t.he burning does not take place on land that has been filled and covered so as to present an underground f ire hazard due to the presence of methane gas, provided that. the following conditions are met: 1. A written permit, valid for ninety (90) days, must be obtained from the Chesterfield Fire & EMS, Fire and Life Safety Division. Application for permit shall include: fee for permit, completed information form, site plan drawing of burn site, proof of liability insurance for party performing burn; 2. The burning shall take place on the premises of a local sanitary landfill which meets the provisions of the regulations of the Virginia Waste Management Board; 3. Permitted fires shall be constantly attended by a competent person until they are ext.inguished and conducted to ensure the best possible combustion with a minimum of smoke being produced. The attendee shall have fire extinguishing equipment readily available for use as deemed necessary by the code official; 4. The material to be burned shall consist only of brush, tree trimmings, yard and garden trimmings, clean burning debris waste, or clean burning demolition waste; 5. All reasonable effort shall be madE~ to minimize the amount of material that is burned; with the number and size of the debris piles approved by Chesterfield County Fire & EMS, Fire and Life Safety Division; 6. The location of the burning shall be a minimum of five hundred (500) feet from any occupied building unless the occupants have given prior written permission, other than buildings located on the property on which the burning is conducted. If the Chesterfield County Fire & EMS, Fire and Life Safety Division determines that it. is necessary to protect public health and welfare, it may direct that the above cited distances be increased; 7. No materials may be burned in violation of the regulations of the Virginia Waste Management Board or the State Air Pollution Control Board. The exact site of the burning on a local landfill shall be established in coordination with the regional director and Chesterfield County Fire & EMS, Fire and Life Safety Division; no other site shall be used without the approval of these officials. Chesterfield County Fire & EMS, Fire and Life Safety Division shall be notified of the days during which the burning will occur. 8. The permit holder must maintain liability insurance in the minimum amount of $1,000,000 general 05-895 11/09/05 liability coverage at all times while burning is taking place. At the time of permit application, a certificate of insurance coverage shall be submitted to the fire marshal. D. Sections A through C above notwithstanding, no owner or other person shall cause or permit open burning or the use of a special incineration device during the months of June, July, or August. 307.3.3 Permits. Add subsection 307.3.3 as follows: A. When open burning of debris waste or open burning of debris on the site of a local landfill is to occur wi thin Chesterfield County, the person responsible for the burning shall obtain a permit from Chesterfield County Fire & EMS, Fire and Life Safety Division prior to the burning. Such a permit may be granted only after confirmation by Chesterfield County Fire & EMS, Fire and Life Safety Division that the burning can and will comply with the provisions of this ordinance and any other condi tions which are deemed necessary to ensure that the burning will not endanger the public health and welfare or to ensure compliance with any applicable provisions of the State Air Pollution Control Board 's Regulations for the Control and Abatement of Air Pollution. The permit may be issued for each occasion of burning or for a specific period of time deemed appropriate by Chesterfield County Fire & EMS, Fire and Life Safety Division. B. Prior to the initial installation (or reinstallation, in cases of relocation) and operation of special incineration devices, the person responsible for the burning shall obtain a permit from Chesterfield County Fire & EMS, Fire and Life Safety Division, such permits to be granted only after confirmation by Chesterfield County Fire & EMS, Fire and Life Safety Division that the burning can and will comply with applicable provisions in Regulations for the Control and Abatement of Air Pollution and that any conditions are met which are deemed necessary by Chesterfield County Fire & EMS, Fire and Life Safety Division to ensure that the operation of the devices will not endanger the public health and welfare. Permits granted for the use of special incineration devices shall at a minimum contain the following conditions: 1. All reasonable effort shall be made to minimize the amount of material that is burned. Such efforts shall include, but are not limited to, the removal of pulpwood, sawlogs and firewood. 2. The material to be burned shall consist of brush, stumps and similar debris waste and shall not include demolition material. 3. The location of the burning shall be a minimum of 500 feet from any occupied building unless the occupants have given prior permission, other than buildings located on the property on which the burning is conducted; burning shall be conducted at the greatest distance practicable from highways and 05-896 11/09/05 air fields. If the Chesterfield County Fire & EMS, Fire and Life Safety Division determines that it is necessary to protect public health and welfare, he may direct that the above cited distances be increased. 4. The burning shall be attended at all times and conducted to ensure the best possible combustion wi th a minimum of smoke being produced. Under no circumstances should the burning be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials. 5 . The burning shall be conducted only prevailing winds are away from any city, built-up area. when the town or 6. The use of special incineration allowed only for the disposal clean burning construction waste, demolition waste. devices shall be of debris waste, and clean burning 7 . Permits issued under this subsE~ction shall be limited to a specific period of time deemed appropriate by Chesterfield County Fire & EMS, Fire and Life Safety Division. 307.3.4 follows: Attendance at Open Fires. Add subsE!ction 307.3.4 as permi tted fires shall be constantly attended by a competent person until they are extinguished. The attendee shall have fire extinguishing equipment readily available for use as deemed necessary by the code official. '- 307.3.5 Endangering Other Property. Add subsection 307.3.5 as follows: No person shall kindle or authorize to be kindled or maintain any permitted fire in such a manner that it '/\Till endanger the property of another. 307.3.6 Revocation of Permits. Add subsection 307.3.6 If any permit holder violates any provision of this ordinance or if any permit holder a permit application, extinguishments of the subject to revocation; makes a material misrepresentation on The Fire Marshal may require the fire and the burn permit shall be 307.4 Fees. Delete and substitute section 307.4 as follows: 1. There shall be no fees for the permi t required by Section307.3.2(A) 2. Fees for permits required by section 307.3.2(B) and (C) and shall be. 400.00 308.3.1 Add the following sentences to thE~ end of section 308.3.1. The owner or manager of any occupancy in Use Group R shall notify their tenants in writing of this code requirement at 05-897 11/09/05 the time annually shall be the tenants initially occupy the apartment and thereafter. A copy of this written notification available for review by the code official. 308.3.1 Delete exception 2. 308.5.3 Sweating Joints. Add section 308.5.3 as follows: Any person using a torch or other flame-producing device for sweating pipe joints in any building or structure shall have available in the immediate vicinity, one approved fire extinguisher or water hose connected to a water supply. Combustible material in the close proximity of the work shall be protected against ignition by shielding, wetting, or other approved means. In all cases, the person performing the work shall remain in the vicinity of the sweating operation for one-half hour after the torch or flame-producing device has been used. 315.4 Materials Storage Regulation. Add subsection 315.4 as follows: No person shall store any combustible packing cases, boxes, barrels or similar containers or rubber tires, baled cotton, rubber, cork or other similarly combustible materials of a gross volume of greater than 2,500 cubic feet (70 m3) in any structure or on any premises, except under conditions approved by the code official. 315.5 Storage, Park or Repair. follows: Add subsection 315.5 as No person shall store, park or repair any vehicle, tool or equipment that has a fuel tank that contains a flammable or combustible liquid or liquefied petroleum gas as a source of fuel wi thin or on any occupancy in Use Group R, or part thereof, unless such building or structure is built for the purpose of such storage, parking or repairing in accordance with all requirements of the Uniform Statewide Building Code and this code. The owner or manager of any occupancy in Use Group R shall notify their tenants in writing of this code requirement at the time the tenants initially occupy the apartment and annually thereafter. A copy of this wri tten notification shall be available for review by the code official. This section shall not apply to detached one- and two-family dwellings unless such storage, parking or repairing is conducted as a business. Such businesses must then comply wi th all applicable provisions of the Uniform Statewide Building Code and the Chesterfield County Code. Chapter 5. Fire Service Features - 502.1. General Defini tions. following definition: Delete and substitute the Fire Lane. An area designated by clearly visible signs and/or markings in which parking shall be prohibited, whether on public or private property, to ensure ready access for and to fire fighting equipment and facilities. 503.8 Illegal Use. Add subsection 503.8 as follows: 05-898 11/09/05 1. No person shall park or leave an unattended vehicle in or otherwise obstruct with a vehicle any designated or marked fire lane. 2. No person shall place or locate any equipment, materials, or any other object in or otherwise obstruct any designated or marked fire lane. 3. The penalty for violation of section 503.8(1) shall be the same as outlined for other parking violations in the Chesterfield County Code. The penalty for violation of section 503.8(2) shall be the same as for all other violations of this chapter. Chapter 9. Fire Protection Systems 901.5.2 Altering or Changing Supervisor]! Services. Add subsection 901.5.2 as follows: The code official shall be notified prior to any alterations to the supervisory service equipment or if the agent providing supervisory service changes for any required fire protection system. Functional testing shall be conducted prior to the system being returned to service. The level of testing will be determined by the code official. All testing shall be conducted in the presence of the code official and appropriate documentation shall be provided to the code official to verify that the system is being supervised as designed and in accordance with the building code in effect at the time of installation. 901.6.1.1 90lo6.lol Limi ted Area as follows: Sprinkler Systems. Add subsection --. All limited area sprinkler systems annually and maintained according to accordance with the following standards: shall be NFPA 25 inspected and in 1. The sprinkler control valve shall be permanently marked with a sign stating "Sprinkler Control Valve." Markings made with embossed plastic tape, pencil, ink, crayon, or similar materials shall not be considered permanent. The sign shall be secured with noncorrosive wire, chain, or other means. 2. Markings shall be provided in a at the sprinkler control valve "Notify the Fire Department closing valve," conspicuous place and shall stat.e: (748-6240) before 3. Valves connecting the limited area sprinkler system to the domestic water supply shall be locked open in an approved manner. 901.6.3 Reporting Resul ts of p€:Œiodi c Tests. Add subsection 901.6.3 as follows: The individual or company performing any U~st or inspection required under this article shall provide 1:he code official with a complete written record of the test or inspection within 15 days after it is conducted. Such written record 05-899 11/09/05 shall note plainly which standard, as referenced by this code, was used for the test or inspection. 904.11.6.1 Ventilation System. subsection 904.11.6.1 as follows: Delete and substitute The ventilation system in connection wi th hoods shall be operated at the required rate of air movement, and classified grease filters shall be in place when equipment under a kitchen grease hood is used. Cooking appliances, which require a commercial kitchen exhaust hood system, shall not be operated while the fire suppression system or ki tchen exhaust system is non-operational or otherwise impaired. 904.11.6.6 Manual Operations. Add subsection 904 .IL 6.6 as follows: Instructions for manually operating the fire suppression system for the commercial kitchen exhaust system shall be posted conspicuously in the kitchen and shall be reviewed periodically with employees by the management. 907.21 Nuisance Alarm Activations. Add section 907.21 as follows: The owner and/or the occupant of any structure served by a fire protection system which has activated on two or more occasions when no fire, unsafe condition or other hazard has occurred, shall repair the system or correct conditions which are causing the system to activate. Chapter 10. Means of Egress 1027.6. Marking Means of Egress. Add subsection 1027.6 as follows: The code official may require the means of storage areas to be marked, and the owner or be responsible for marking and maintaining required. egress through his agent shall such aisles as Chapter 27. Hazardous Materials - General provisions 2702.1 Definitions. Delete and substitute the following definition: Hazardous Materials. Those chemicals or substances which are physical hazards or health hazards as defined and classified in Chapter 28, whether the materials are in usable or waste condition, including flammable and combustible liquids. - Chapter 33. Explosives and Fireworks 3301.1.3.1. Fireworks Prohibited. Add subsection 330LL3.1 as follows: permissible fireworks, as defined in Prevention Code, shall not be possessed, or handled in Chesterfield County. the Statewide stored, sold, Fire used 3308.1 General. Add the following text to 3308.1: 05-900 11/09/05 A permit shall be required for the display of fireworks. 3308.2 Permit Application. Add the following text to 3308.2: Application for permits shall be made in writing at least 60 days in advance of the date of the display or discharge of fireworks. 'I'he sale, possession, discharge and distribution of fireworks for display shall be lawful only under the terms and conditions, and for the purpose set forth in the permit. A permit shall not be transferable J and shall not extend beyond the dates set forth in the permit. -- 3308.11.1 violations. Add subsection 3308.11.1 as follows: No person shall store, possess, offer for sale, expose for sale, sell at retail or use or explode any fireworks, except as provided in the rules and regulations issued by the code official for the granting of permits for supervised displays of fireworks. Chapter 34. Flammable and Combustible Liquids 3404.1.1 Prohibited Storage. Add subsection 3404.Ll as follows: The storage of flammable and combustible prohibi ted in occupancies of Use Group A, rental storage facilities. liquid shall H.-I, R-2, and be in 3406.5.1.6 Fire Protection. Delete and substitute 3406.5.1.6 as follows: Whenever tank vehicles are automatically loaded with flammable liquids at bulk storage terminals without an employee in attendance, the loading rack area shall be protected by a completely automatic fire suppression system approved by the code official. The system shall be designed to provide fire protection to both the loading rack and tank vehicles and shall be supervised by an accredited central station facility. Chapter 38. Liquified Petroleum Gases 3801.4. Emergency Services. Add subsection 3804.1 as follows: Anyone who supplies liquefied petroleum gas service shall have a qualified maintenance person available at all times to assist fire department personnel wi th emergency incidents involving the service. 3809.13. Delete and substitute section 3809.13 as follows: Protection of Containers. Containers shall be placed in a suitable enclosure or otherwise protected against tampering. The enclosure shall be secured to the sidewalk, concrete pad, -- or building to avoid tipping or movement of the enclosure. The servicing company's name and 24-hour phone number and "NO SMOKING I' signs shall be provided and maintained on the enclosure. Vehicular protection shall be provided as required by the fire official. APPENDICES 05-901 11/09/05 The following appendices of the International Fire Code, 2003 edition shall be an enforceable part of this code: Appendix B - Fire-flow Requirements for Buildings B105.2. Exception. Delete and substitute the following exception to Section BI05.2 Exception: A reduction in required fire flow of up to 75 percent, as approved, is allowed when the building is provided with an automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 of the International Fire Code. The resulting fire flow shall not be less than 1,500 gallons per minute. Appendix C - Fire Hydrant Locations and Distribution Appendix D - Fire Apparatus Access Roads Exception: Section DI06 and Section DI07 shall not be included in this code. (2) That this ordinance shall become effective November 16, 2005. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 15.B. TO CONSIDER THE RECEIPT AND APPROPRIATION OF GRANT FUNDS FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) THROUGH THE HAZARD MITIGATION GRANT PROGRAM (HMGP) TO PURCHASE UP TO FOUR HOUSES LOCATED WITHIN THE ONE HUNDRED YEAR FLOOD PLAIN ON HUDSWELL LANE Mr. Dupler stated this date and time has been advertised for a public hearing for the Board to consider the receipt and appropriation of grant funds from the Federal Emergency Management Agency (FEMA) through the Hazard Mitigation Grant Program (HMGP) to purchase up to four houses located within the one hundred year flood plain on Hudswell Lane. Mr. Barber called for public comment. No one came forward to speak to the issue. Mr. King commended Mr. Dupler on his diligence in obtaining the FEMA funding for the Hudswell Lane residents. On motion of Mr. King, seconded by Mr. Miller, approved the receipt and appropriation of $769,589 and state grant funds from the Federal Emergency Agency through the Hazard Mitigation Program. the Board in federal Management And, further, the Board approved the receipt and appropriation of $39,618 from the owners of the subject properties to satisfy the local match requirement of the grant. Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 05-902 11/09/05 15.C. TO CONSIDER THE ADOPTION OF AN ORDINANCE PROVIDING FOR THE IMPLEMENTATION OF THE 2004-2005 CHANGES TO THE PERSONAL PROPERTY TAX RELIEF ACT OF 1998 Ms. Dickson stated this date and time has been advertised for a public hearing for the Board to consider adoption of an ordinance providing for the implementation of the 2004-2005 changes to the Personal Property Tax Relief Act of 1998. Mr. Barber called for public comment. No one came forward to speak to the ordinance. On motion of Mrs. Humphrey, seconded by Mr. King, the Board adopted the following ordinance: AN ORDINANCE TO AMEND AND ENACT THE CODE OF THE COUNTY OF CHESTERFIELD" 1997, AS AMENDED, BY ENACTING A NEW DIVISION 4 OF ARTICLE III, CHAPTER 9 OF THE CODE CONSISTING OF NEW SECTION 9-70 RELATING TO THE TANGIBLE PERSONAL PROPERTY TAXATION OF MOTOR VEHICLES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (I) That the Code of the County o~ Chesterfield, 1997, as amended, is amended and re-enacted by adding the following division and section: DIVISION 4. TAX RELIEF FOR QUALIFYING MOTOR VEHICLES Sec. 9-70. Tax Relief for Qualifying Motor Vehicles (a) Basis of tax relief. The tax relief provided under this section relates to the Personal Property Tax Relief Act of 1998, Va. Code §§ 58.1--3523 et seq. ("PPTRA"), which was modified by the enactment of Chapter 1 of the Acts of Assembly, 2004 Special Session I (Senate Bill 5005,), and the provisions of Item 503 of Chapter 951 of the 2005 Acts of Assembly (the 2005 revisions to the 2004-06 Appropriations Act, hereinafter cited as the "2005 Appropriations Act~") . (b) Method of computing and reflecting tax relief. For tax years commencing in 2006, the County adopts the provisions of Item 503.E of the 2005 Appropriations Act, providing for the computation of tax relief as a specific dollar amount to be offset against the total taxes that would otherwise be due but for PP'I'RA and the reporting of such specific dollar relief on the tax bill. The Board shall, by resolution, set the percentage of tax relief at a level that is anticipated to exhaust PPTRA relief funds provided to the County by the State. Personal property tax bills shall set forth on their face the specific dollar amount of relief credited with respect to each qualifying vehicle, together with an explanation of the manner in which relief is allocated. (c) Allocation of relief among taxpayers. Relief shall be allocated in such as manner as to eliminate personal property taxation of each qualifying vehicle with an 05-903 11/09/05 assessed value of $1,000 or less. Relief with respect to qualifying vehicles with assessed values of more than $1,000 shall be provided at a percentage, annually fixed and applied to the first $20,000 in value of each such qualifying vehicle, that is estimated to exhaust all available state PPTRA relief. The percentage shall be established annually as a part of the adopted budget for the County. (d) Transitional provisions. ( i) Pursuant to authority conferred in Item 503.D of the 2005 Appropriations Act, the County Treasurer shall issue a supplemental personal property tax bill, in the amount of 100 percent of tax due without regard to any former entitlement to state PPTRA relief, plus applicable penalties and interest, to any taxpayer whose taxes with respect to a qualifying vehicle for tax year 2005 or any prior tax year remain unpaid on September 1, 2006, or such date as state funds for reimbursement of the state share of such bill have become unavailable, whichever occurs first. (ii) Penalty and interest with respect to bills issued pursuant to this section shall be computed on the entire amount of tax owed. Interest shall be computed at the rate provided in Section 9-51 from the original due date of the tax. ( 2 ) Tha t 2006. this ordinance shall become effective January 1, Ayes: Nays: Barber, King, Humphrey, Miller and Warren. None. 15.D. TO CONSIDER APPROPRIATION OF FUNDS FROM FY2005 RESULTS OF OPERATIONS Mr. Allan Carmody stated this date and time has been advertised for the Board to consider appropriation of funds from FY2005 Results of Operations. Mr. Barber called for public comment. Dr. Cannaday expressed concerns relative to increased construction costs and requested that $6,327,343 be placed into the School's Capital Reserve to help defray some of the increased costs of building new schools and major renovations over the next six years of the Capital Improvement Program (CIP) . In response to Mr. Miller's question, Dr. Cannaday stated construction of new schools would not be delayed if the Board delays appropriating the $6,327,343 to the School's Capital Reserve until the budget process in 2006. There being no one else to speak to the issue, the public hearing was closed. Mr. Miller stated he feels it would be appropriate to take a better look at the issue of appropriating funds into the 05-904 11/09/05 ,~,-~-,_... Schools' Capital Reserve during the budget process when figures have been updated and our own budget requirements are known. Mr. Miller then made a motion, seconded by Mr. King, for the Board to appropriate $1,782,200 in FY2006 for items identified in the papers of this Board, primarily for public safety pay adjustments approved in September 200:), Comprehensive Services costs, the Access Chesterfield transportation program, and other uses; and to appropriate $793,855 in the current year for Comprehensive Services costs, the Schools portion of the property tax and assessor system enhancements, and School health nurse costs. And, further, the Board reserved $6,327,343 for School Capital Projects and $2,974,060 for the county's use in the FY2007 budget. (It is noted further discussions will be held on these reserves during the budget discussions in the Spring of 2006.) Ayes: Nays: Barber, King, Humphrey, Miller and Warren. None. lS.E. TO CONSIDER APPROVAL OF AN AMENDMENT OF THE LEASE OF REAL PROPERTY AT ETTRICK PARK FOR OPERATION OF FOOD CONCESSIONS BY THE ETTRICK YOUTH SPORTS ASSOCIATION Mr. Golden stated this date and time has been advertised for a public hearing for the Board to consider an amendment of the lease of real property at Ettrick Park for operation of food concessions by the Ettrick Youth Sports Association to include the lease of a new storage building. Mr. Barber called for public comment, Ms. Wanda Johnson, representing the Ettrick Youth Sports Association, stated she supports the amendment. There being no one else to speak to the issue, the public hearing was closed. Mrs. Humphrey stated Mr. Rudi Johnson has donated a large amount of sports equipment to the Ettrick Youth SpoJ:~ts Association, and the lease amendment will provide storage space for the equipment. On motion of Mrs. Humphrey, approved an amendment of Ettrick Park for operation Youth Sports Association storage facility. seconded by Mr. Miller, the Board the lease of real property at of food concessions by the Ettrick to include the lease of a new Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 15. F . TO CONSIDER THE LEASING OF COUNTY PROPERTY ON BEAVER BRIDGE ROAD TO TELECOM TOWERS, LLC Mr. Stith stated this date and time has been advertised for a public hearing for the Board to consider the leasing of county property on Beaver Bridge Road to Telecom Towers, LLC. 05-905 11/09/05 Mrs. Humphrey clarified that Beaver Bridge Road is in Matoaca District, rather than Clover Hill District, as listed in the agenda item. Mr. Barber called for public comment. No one came forward to speak to the issue. On motion of Mrs. Humphrey, seconded by Mr. approved the leasing of county property Bridge Road to Telecom Towers, LLC. Warren, the Board at 10400 Beaver Ayes: Barber, King, Humphrey, Miller and Warren. Nays: None. 15.G. TO CONSIDER THE CONVEYANCE OF PROPERTY ON HARROWGATE ROAD TO CHESTERFIELD ALTERNATIVES, INCORPORATED Mr. Hammer stated this date and time has been advertised for a public hearing for the Board to consider the conveyance of property on Harrowgate Road to Chesterfield Alternatives, Incorporated. In response to Mr. Miller's questions, Mr. Hammer stated the property is currently owned by the county and was acquired from the schools when Carver Middle School was built. He further stated Chesterfield Alternatives is a not-for-profit corporation affiliated with the county's Community Services Board, and the county will have complete use of the facility to operate a group home. He stated Chesterfield Alternatives has made over $90,000 in improvements to the property, and if the organization discontinues managing the property for a Community Services Board program, the property will revert to the county. Mr. Micas stated there will be a reversion clause in the deed. Mr. Barber called for public comment. No one came forward to speak to the issue. On motion of Mr. King, seconded by Mr. Warren, the Board authorized the conveyance of property at 15610 Harrowgate Road to Chesterfield Alternatives, Incorporated. (It is noted a copy of the vicinity sketch is filed with the papers of this Board.) - Ayes: Barber. King, Humphrey, Miller and Warren. Nays: None. On motion of Mr. Barber, seconded by Mr. Warren, the Board suspended its rules at this time to allow for an additional agenda item. Ayes: Barber King, Humphrey, Miller and Warren. Nays: None. 05-906 11/09/05 "-'''-'''''- 15.H. SET PUBLIC HEARING DATE TO CONSIDER ADOPTION OF AN ORDINANCE CREATING A NEW BUSINESS LICENSE TAX CATEGORY FOR COMPUTER SERVICE BUSINESSES AND ESTABLISHING A TAX RATE OF $.03 PER $100 OF GROSS RECEIPT~ On motion of: Mr. King, seconded by M.r. Miller, the Board set the date of December 14, 2005 at 7:00 p.m. for a public hearing for the Board to consider adoption of an ordinance creating a new business license tax category for computer service businesses and establishing a tax rate of $.03 per $100 of gross receipts. Ayes: Barber King, Humphrey, Miller and Warren. Nays: None. 16. ADJOURNMENT On motion of Mr. Barber, seconded by Mr. Miller, the Board adjourned at 7:52 p.m. until November 22, 2005 at 4:00 p.m. Ayes: Nays: Barber, King, Humphrey, Miller and Warren. None. -,' ,,/,' "' .-/ ,~ J.','./,.,;, 1,/," .M.f /': / ¡ ," ((-,~ ,,,,,,, -'(, " - - '~'-;' Lane B. Ramsey ;' County Administratol .,"".,;)(~~',~:'LÁ;:·.·(:.,e, ì '/II:~) .' /' /"- .. ,,;' ,//""Í'~(."Þ:/ ,ð" , '. ./ '¿""'U/L/"'--- Edward B. Barber Chairman 05-907 11/09/05