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1988-10-12 PacketC'ESTERFIELD CO UN14 ' CHESTERFIELD, VIRGINIA 23832-00,40 AGENDA BOARD OF SUPERVISORS G. H. APPLEGATE, CHAIRMAN CLOVER HILL DISTRICT MAURICE B. SULLIVAN VICE CHAIRMAN MIDLOTHIAN DISTRICT C. F. CURRIN, JR. BERMUDA DISTRICT HARRY G. DANIEL DALE DISTRICT JESSE J. MAYES MATOACA DISTRICT LANE B. RAMSEY COUNTY ADMINISTRATOR DATE: October 12, 1988 COURTHOUSE TIME: 2:00 p.m. 1. Work Sessions at 2:00 p.m. Page Administration Building, Room 502 Under A. Midlothian Area Community Plan Separate B. Proposed 1989 Legislative Program Cover 2. Dinner at 5:00 p.m. Bella Italia Restaurant 3. Invocation at 7:00 p.m. 4. Pledge of Allegiance to the Flag of the United States of America 5. Approval of Minutes 6. County Administrator's Comments 7. Board Committee Reports 8. Requests to Postpone Action, &wrgency Additions or Changes in the Order of Presentation 9. Resolutions and Special Recognitions o Fire Department Awards Ceremony .................. 1 10. Hearings of Citizens on Unscheduled Matters or Claims 11. Deferred Items 12. Public Hearings o To Consider an Ordinance to Amend the Code of the County of Chesterfield, 1978, as Amended, by Amending and Reenacting Chapter 12, Relating to Business License Taxes............................................ 4 13. New Business A. Building Appropriation for Richmond Regional Planning District Commission............ 38 Board of Supervisors Agenda Page 2 13. New Business (continued) Page Contract with Health Care Providers for County's Health Care Program for 1989 (, Calendar Year and Amend County Flexible Compensation Plan from an October 1- September 30 to a Calendar Year Cycle .............. 39 C. Appropriation of Funds for Additional Compensation of Poll Workers ....................... 40 D. School Board Participation in the 1988-89 Governor's Educational Technology Initiative....... 43 E. Set Dates for Public Hearings 1. To Consider an Ordinance Amending the Code of the County of Chesterfield, 1978, as Amended, by Amending Section ;L 5-26(d) and Adding Sections 5-26(f) and 5-26(g) Relating to Rabies Control and Rabid Animals ............... 50.-. 2. To Consider an Ordinance to Amend the Code of the County of Chesterfield, 1978, as Amended, by Amending Section 21-202 Relating to the Preservation Committee .................. 54 i3. To Consider the Conveyance of a Lease of Real Property,at the Chesterfield County Airport for operation of the Airport Restaurant by the Virginia Culinary Group, Inc............ 56 F. Consent Items 1. State Road Acceptance Revision ................. 58 2. State Road Acceptance .......................... 60 3. Requests for Bingo/Raffle Permits .............. 65 4. Request for Fireworks Display Permit from International Sports Incorporated.. ..... ...... ........... 66 5. Allocation of Funds for Purchase of Irrigation Equipment for Meadowbrook High School Varsity Football Field ............. 68 G. Community Development Items 1. Position Statement on House Joint Resolution No. 125 ............................. 69 %/ * Board of Supervisors Agenda Page 3 G. Community Development Items (continued) Page 2. Virginia Department of Transportation Cut Through Traffic Public Hearing............ 75 3. Appropriation for Improvements to Petersburg Street ............................. 78 H. Utilities Department Items 1. Public Hearings a. To Consider an Ordinance Vacating a 16 Foot Storm Sewer Easement and a 16 Foot Water Easement in Handel Court Subdivision.... ............. 82 b. To Consider the Conveyance of Right-of-Way Along Cedardale Lane and Hopkins#Road to the Virginia Department of Transportation..... 85 c. To Consider an Ordinance to Vacate a Portion of Cross Street in Seaboard Coastline Industrial Park........ 88 2. Consider Policy for Funding Water and Sewer Lines to Existing Subdivisions...... 94 3. Authorization to Proceed with Condemnation Proceedings for Sewer Easement for the Hopkins Road Widening Project Across Property of Mr. and Mrs..William M. Bowles.... 96 4. Consent Items a. Agreement for Vacation and Rededication of Water Easement Across Property of Southgate Associates ...................... 100 b. Agreement for Vacation and Rededication of Water Easement Across Property of Chesterfield Mall Associates .............. 104 c. Agreement for Vacation and Rededication of Drainage Easement Across Property of Norris E. Jones, Jr., Inc. and M & G Associates ................................ 107 d. Deed of Dedication Along Lynchester Drive from Mr. and Mrs. Richard E. Collier...... 110 e. Deed of Dedication Along Jefferson Davis Highway and Dundas Road from Breez-In Assoc ..................................... 113 5. Reports ....................................... 116 I. Reports ........................................... 117 14. Adjournment I%w CHESTERFIELD COUNT BOARD OF SUPERVISORS G. H. APPLEGATE, CHAIRMAN CLOVER HILL DISTRICT MAURICE B. SULLIVAN, VICE CHAIRMAN MIDLOTHIAN DISTRICT C. F. CURRIN, JR. BERMUDA DISTRICT HARRY G. DANIEL DALE DISTRICT JESSE J. MAYES MATOACA DISTRICT P.O. Box 40 CHESTERFIELD, VIRGINIA 23832-0040 MMRMDUM TO: Honor Board Members, Board of Supervisors FROM: Lane B. amsey, County Administrator DATE: October 6, 1988 RE: Work Session - October 11, 1988 Draft Midlothian Area Community Plan LANE B. RAMSEY COUNTY ADMINISTRATOR Following presentations of the Draft Midlothian Area Community Plan to the Citizen Advisory Committee and to the public at a "town meeting" held on September 29, 1988, the staff recommends that the proposed Plan be forwarded to the Planning Commission to begin the public hearing process. This Plan was initiated at the direction of the Board of Supervisors last December and represents the cooperative efforts of the Midlothian Citizen Advisory Committee and Planning Department staff. Citizen participation has been an important element of the planning process for the Midlothian project. A total of 180 people attended four public meetings held in January to solicit citizen input on community development issues. A Citizen Advisory Committee, composed of civic and business leaders and representatives of the development community, worked closely with staff at four sessions for the purpose of establishing development goals and policies and analyzing alternatives. The recent Midlothian "town meeting" included opportunities for the 50 participants to informally discuss plan proposals with Committee members and staff. Major findings and recommendations are summarized in the attached informational brochure. A list of the Midlothian Citizen Advisory Committee members is also attached for your recommendation. cc: Richard F. Sale, Deputy County Administrator for Community Development Thomas E. Jacobson, Director of Planning PC/BH1/OCT11/dmm 00 CITIZEN ADVISORY COMMITTEE Midlothian Area Community Plan Charles Batchelor Four Seasons. Civic Association Elaine Beard Midlothian Village Civic Association Larry Buchanan Midlothian Middle School Tom Cauble Tomac Corporation Tom Garner Glen Roy Corporation Mary Ann Hale Otterdale Civic Association Jerry Jewett Applegate Realty Fran Miller Midlothian Volunteer Fire Department Rick Nordenson Walton Park Civic Association Susan Trotter Queens Mill Civic Association Reuben Waller Larry Turner & Associates Betty Weaver Chesterfield Historical Society of Virginia Rev. Lawrence Wilson First Baptist Church Ex-officio members: Michael J. Kelly Planning Commissioner, Midlothian District STUDY/JUL62 n Maurice B. Sullivan Vice Chairman, Chesterfield Board of Supervisors Midlothian District Thomas E. Jacobson Director of Planning Richard D. Wilhelm Chief of Comprehensive Planning Susan C. McGarry Principal Planner STUDY/JUL62 COUNTY OF CHESTERFIELD VIRGINIA MEMO TO: Member of the Board of Supervisors FROM: ane Ramsey, County Administrator DATE: October 6, 1988 RE' Proposed 1989 Legislative Program for Chesterfield County Enclosed is a draft 1989 Legislative Program that contains a number of suggestions received from Board members and staff since last year's General Assembly session. The list obviously contains many items that will not be part of the Board's proposal to our General Assembly delegation, but the items were placed on this initial draft to provide ideas for further discussion. Each item in the legislative program will be discussed at the work session on October 12th and, when the Board finalizes the items to be ratained within the program, we will complete the new "justification forms" that we intend to use for the first time this year. Because some of these items may be reported in the press, we are sharing a copy with the delegation indicating that this is a draft proposal only. Enclosure bam2850: B11 r eft #7 10/6/88 1989 LEGISLATIVE PROGRAM FOR CHESTERFIELD COUNTY I. COMMUNITY DEVELOPMENT 1. Create by Special Act a Lake Genito Authority for the purpose of providing a multi -jurisdictional source of water. Rationale: 2. Add Chesterfield to those counties who may pursue a civil penalty against violators of the zoning ordinance rather than having to seek a misdemeanor conviction. Rationale: 3. Novide �h t the emit tions period for BOC ode violat' ns be t o yeas --from e date o discovery f the viol tion by th buil in official rather than one year from the letion f t stru to *. Rationale: 4. Amend State law to allow the County to adopt the Growth Committee recommendations. Rationale: 5. Amend the Special Assessment Statutes to allow assessment of the cost of street beautification projects to fronting property owners. Rationale: Currently, it is questionable whether street beautification projects (burial of overhead utility lines, planting street trees and other landscaping, pedestrian scale decorative lights, sign improvements, and other streetscape improvements) can be assessed to benefiting property owners. This financial option should be available to local governments to improve the appearance of business areas. This legislative option will be needed for improvements along Midlothian Turnpike, Chester, and other similar areas. Rationale: 00 5 *&*ft #7 10/6/88 6. Amend the Code to allow zoning ordinance variances Zoning Appeals if denied. the Planning Director to approve minor with automatic appeal to the Board of Rationale: Currently, Commonwealth law requires all variances to be approved by the Board of Zoning Appeals. During a recent two-year period, the Board of Zoning Appeals heard sixty-nine requests for residen- tial front, side,and rear yard variances. They approved all of these requests. Thirty of these variance requests were for two feet or less. An administrative procedure for approval of minor variances will provide increased efficiency in the County's processing of vari- ances. 7. Amend Section 15.1-491 to provide that requests for variances will not be reconsidered within a one-year period after a case is denied. This will be consistent with State law on rezoning. Rationale: II. ROADS 1. Amend §14.1-466 to permit local governments to create development transportation or transportation improvement districts. As an alter- native, clarify that section of the County Charter relating to the creation of special assessment districts. Rationale: Localities need authority to establish transportation districts, similar in concept to drainage districts, where development would pay a pro-rata share of improvements needed for the arterial and major collector road systems within that district. When incremental development creates the need for an area -wide road improvement, those projects which take advantage of the improvement should pay a pro-rata share of the cost of the improvement. Unless the parcels within the area using the highway improvements supply a portion of the cost of the project, the taxpayer generally will be forced to subsidize growth. 2. �' end the Code of Virginia to permit County inspectors to inspect roa truction work performed b iLstfte not perform number of days after submission by the develo o the state of his reques o e inspection. O0 6 -2- bam2748 : R5 err avAft #7 10/6/88 3. Increase the revenue sharing match program by $500,000 per urban locality and amend §33.1-75.1 to clarify that the Board of Supervisors has the authority to select projects for the revenue / sharing program and that VDOT's authority to approve projects is L/ limited to actual design and construction issues. Currently, VDOT has the ability to veto County projects for reasons which are con- trary to the best interests of the County. Include other amendments simplifying the administration of the program. Rationale: 4. Localities should be given (curb -cuts) to highways so with VDOT's standards. the authority to issue access permits long as these permits do not conflict Rationale: Such authority will allow the County to enhance high quality growth by confining curb -cuts to zoning requirements. 5. Legislation is needed which will allow Counties to utilize up to 5% of the County's secondary construction allocation from VDOT for prelim- inary engineering for future highway projects on the County's land use and transportation plans. Rationale: L-- I III. ADMINISTRATION OF GOVERNMENT 1. Creation of authority for local governments to adopt ordinances for civil penalties using a strict liability standard for contractors who interrupt utility service by cutting underground utility lines. Rationale: 2. Oppose 1988 HB 912 requiring the payment of interest on retained amounts for construction contracts. Rationale: 3. Within the "Miss Utilities" program - routine maintenance should be defined as work within the paved area and the road shoulders (not ditch line) when excavations will be a maximum depth of one (1) foot. 00 i -3- bam2748 : R5 at.ft #7 10/6/88 Rationale: 4. Two exemptions from the Miss Utilities statute under 56-265.23 should be eliminated (relate to excavations within rights of way, less than two feet deep and replacement of existing structures) . Rationale: 5. Utilities owned by cities, towns and counties should be relocated at the highway project expense when highway projects necessitate relocation or the Code should be changed so that utilities owned by counties are relocated at project expense to the same extent as utilities owned by cities, towns and authorities. Rationale: 6. Charter Amendments a. Amend the County Charter to recognize the role of the independent auditor and provide him with guaranteed access to all County records. b. Require the School Board to obtain County approval during the budget process for all long-term lease purchases. C. Creation of authority for localities to assess charges for re- sponding to false alarms. d. Revise the Charter to allow the budget to be adopted by resolution rather then by ordinance. Zion�ffle- 7. Undertake a recodification of Title 15.1 of the Virginia Code. This title is the body of statutory law for counties, cities, and towns and has received no comprehensive review for 25 years; by common agreement it is in disarray. Rationale: 8. In order to alleviate the nursing shortage, amend state law to allow the use of para-professionals for some RN duties, i.e., medication aides and provide for state regulation of nursing agencies. -4- bam2748 : R5 J Rationale: IV. FINANCE *Aft #7 10/6/88 1. Support a formula for basic state aid to education that takes into account debt service and construction costs for a growing locality. Rationale: 2. Amend the Code of Virginia to allow the County to charge an interest rate for assessment districts equal to the prime rate of interest at the time of adoption of the assessment ordinance. Rationale: 3. Amend th VSRS legisla ' n to provide t t unused ck leave shy be added to ars of s vice upon retiremen form bers of VSRS. Rationale: 4. Amend the 1988 meals tax legislation to permit the taxing of all food prepared for human consumption. The current distinction between food consumed on or off premises and beverages purchased with a meal is difficult to enforce. Rationale: 5. Legislation to allow set -offs of state tax refunds for judgments of $25.00 or more owed local governments in addition to the current authority to offset for taxes owed but unpaid. Rationale: 6. Support the VML position resisting any change in the school board appropriations categories from 13 to 3 categories. Increase the existing number of categories to separate out the "salary" portions of each existing category. Rationale: 7. Support VML program to increase state funding to encourage recycling programs. -5- bam2748 : R5 *aAft #7 10/6/88 Rationale: 8. Require the State's administration of the Medicaid program to recog- nize expenses which relate to direct patient services. Rationale: 9. Allow localities to charge a library card fee of up to $10.00 as an administrative fee without losing state aid. Rationale: [ Identify all organizations seeking real estate tax exemption in the County so that all the procedural prerequisites can be met prior to the General Assembly session. ] V. CRIMINAL JUSTICE 1. The permitted statute of limitations for prosecution of Building Code violations be increased from one (1) year to two (2) years from the date of issuance of the occupancy permit. Rationale: 2. Provide legislation to authorize issuance of a summons for a DUI in- volving an accident that occurs on private property. Rationale: 3. Amend § § 18.2-137 and 18.2-138 to create an offense of felonious destruction of private property when the property destroyed is in excess of $200.00. Rationale: 4. Increase the maximum penalty for a third conviction of shoplifting to ten years (from five years) by amending §18.2-103. Rationale: 0 01 it -6- bam2748 : R5 M eft #7 10/6/88 5. Amend §19.2-297 to punish a third conviction of petit larceny as either a class 5 felony or deem the offense grand larceny. Rationale: 6. Amend §46.1-417 to provide for a five-year rather than one-year license revocation upon conviction of manslaughter while under the influence of alcohol or drugs. Rationale: 7. Amend §19.2-303.2 to allow persons charged with shoplifting to pay court costs rather than to avoid punishment by use of the CDI program. Rationale: too,! ) -7- bam2748 : R5 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: October 12, 1988 ITEM NUMBER: SUBJECT: Fire Department Awards Ceremony COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Board is asked to honor Fire Department and civilian personnel in a Fire Department Awards Ceremony to be conducted at the regular Board meeting of October 12, 1988. BACKGROUND: The Fire Department annually presents special awards to the most out- standing volunteer Fire Company of The Year, The Volunteer and Salaried Firefighter of The Year Award, Certificates of Appreciation, Citations of Merit, Merit Citations, and Emergency Service Awards. In most cases, these awards are made in the Board of Supervisors' Meeting. These 21 awards will be given in six presentations. This awards presentation will.require approximately twenty minutes. The awards will be given in accordance with the attached sheet. c PREPARED BY: Rob rt L. anes Chief of Department ATTACHMENTS: YES M NO O September 27, 1988 SIGNATURE: O�.t COUNTY ADMINISTRATOR M CERTIFICATE OF APPRECIATION 1. Mr. David C. Ambrose, Civilian For: Quick Response to Emergency Situation Date: April 12, 1988 EKKRGENCY SERVICES AWARD 1. Mr. Thomas R. Doland, Civilian Date: July 29, 1987 2. Squadsman Sandy Mueller -Brady, Manchester Rescue Squad Date: July 14, 1988 3. Firefighter Edward T. Berry Date: July 14, 1988 4. Lieutenant Robert P. Avsec Date: July 14, 1988 5. Firefighter David S. Harrelson Date: July 14, 1988 6. Sergeant Kenneth L. Tanner Date: March 22, 1988 7. Firefighter Kendall R. Marston Date: March 22, 1988 8. Firefighter Steven W. Cook Date: March 22, 1988 9. Dispatcher Tonja Casteen Date: November 30, 1987 10. Dispatcher Tonja Casteen Date: August 15, 1988 11. Dispatcher Elizabeth Lohr Date: November 26, 1987 (1002 UNIT CITATION 1. Sergeant Bruce S. Simmons - Eng. 2A County Annual 8702192 June 3, 1987 2. Firefighter William E. Smith - Truck 27A County Annual 8702192 June 3, 1987 3. Firefighter Robert D. Harris - Eng. 2A County Annual 8702192 June 3, 1987 4. Firefighter Stephen T. Gibson - Eng. 2A County Annual 8702192 June 3, 1987 5. Battalion Chief Wayne L. Tunstall - A Battalion County Annual 8702192 June 3, 1987 CITATION OF MERIT 1. Firefighter William E. Smith June 3, 1987 Citation #8702192 VOLUNTEER FIREFIGHTER OF THE YEAR 1987 CAREER FIREFIGHTER OF THE YEAR 1987 1. Sergeant Scott V. Hechler VOLUNTEER COMPANY OF THE YEAR 1987 11OO.3 M i American Red Cross Dear Mr. Applegate: Loor t4w*&* Poll Virginia Capital Chapter 409 East Main Street Richmond, Virginia 23219 (804) 780-2250 April 3, 1988 I wish to bring to your attention a noteworthy act of mercy undertaken by one of your constituents. Thomas Richard Doland has been named to receive the Red Cross Certificate of Merit and accompanying pin. This is the highest award given by the American Red Cross to individuals who save or sustain a human life by using skills and knowledge learned in a volunteer training program offered by the American Red Cross. The Certificate of Merit bears the original signatures of the President of the United States, Honorary Chairman, and George F. Moody, Chairman of the American Red Cross. On July 29, 1987, Tom Doland, a seventeen year old youth, trained in a Red Cross Health Services course, administered abdominal thrusts to his fourteen year old brother David. Without a doubt, the use of abdominal thrusts by Mr. Doland saved his brother's life. This meritorious act exemplifies the highest ideals of concern of one human being for another who is in distress. We will be honoring this individual by presenting his award at our Annual Volunteer Recognition to be held on April 25, 1988. I am sure that you would like to join the American Red Cross in recognizing this outstanding individual. Sincerely, Thomas . Yeaman r, Chapter Chairman Chairman Jeoffrey Applegate P. 0. Box 40 / Chesterfield Va. 23832 10 The United Way FIRE DEPARTMENT AWARDS CEREMONY CHESTERFIELD FIRE DEPARTMENT CHESTERFIELD, VIRGINIA October 12, 1988 7:00 P.M. FIRE DEPARTMENT AWARDS PRESENTATION - BOARD ROOM OPENING COMMENTS, CHIEF EANES RECIPIENT 1. Mr. Thomas R. Doland 2. Mr. David C. Ambrose Department of Utilities 3. Company 2, Manchester A Shift Sergeant Bruce S. Simmons Firefighter William E. Smith Firefighter Robert D. Harris Firefighter Stephen T: Gibson Battalion Chief Wayne L. Tunstall Firefighter William E. Smith 4. Ms. Sandy Mueller -Brady Manchester Rescue Squad Company 5, Midlothian C Shift TYPE OF AWARD PRESENTED BY Emergency Medical Services Mr. Mayes Certificate of Mr. Mayes Appreciation Unit Citation Mr. Applegate Citation of Merit Emergency Medical Services Mr. Sullivan Lieutenant Robert P. Avsec Firefighter Edward T. Berry Firefighter David S. Harrelson 5. Company 14, Dutch Gap Emergency Medical Services Mr. Currin C Shift Sergeant Kenneth L. Tanner Firefighter Steven W. Cook Firefighter Kendall R. Marston 6. Dispatcher Tonja Casteen 7. Dispatcher Tonja Casteen Emergency Medical Services Mr. Ramsey Emergency Medical Services Mr. Ramsey 8. Dispatcher Elizabeth Lohr Emergency Medical Services Mr. Ramsey M AWARDS FIRE DEPARTMENT PRESENTATION - 1988 RECIPIENT 9. Sergeant David M. Mason 10. Ashley M. Marshall 11. Sergeant Scott V. Hechler 12. Company 6, Enon TYPE OF AWARD Emergency Medical Services Volunteer Firefighter of the Year 1987 Career Firefighter of the Year 1987 Volunteer Company of the Year 1987 PRESENTED BY Mr. Ramsey Mr. Sullivan Mr. Daniel Mr. Currin CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: October 19., 1988 ITEM NUMBER:-_ 12, SUBJECT: Public Hearing to Consider an Ordinance Amending Chapter 12 of the Code of the County of Chesterfield, 1978, as amended, Relating to Business License Taxation. COUNTY ADMINISTRATOR'S COMMENTS: g4�� �tffow� SUMMARY OF INFORMATION: During the 1988-89 budget process, the Board raised ques- tions concerning the County's classification of certain busi- nesses for business license taxation. Upon review of the existing business license tax ordinance, it became apparent that the ordinance should be completely revised to clarify language to eliminate inconsistencies with current state law, and to make the ordinance conform with established practices of the Commissioner of Revenue's Office. The attached ordinance is the result of that review process. The majority of the changes shown on the attached ordinance were made to clarify or correct existing language and terminol- ogy. 34 sections were amended to clarify language. 17 sections were amended to make the ordinance conform with the procedures and practices that have been followed by the Commissioner of Revenue for years. 8 sections were amended or deleted due to inconsistencies with other portions of the ordinance, and 10 sections were deleted because they were antiquated or unneces- sary. 16 sections had to be revised because, in their current form, they conflicted with state license to statutes. PREPARED BY: County Attorney ATTACHMENTS: YES f NO E3 SIGNATURE: COUNTY ADMINISTRATOR Agenda Item: Public Hearing to Consider an Ordinance Amending Chapter 12 of the Code of the County of Chesterfield, 1978, as amended, Relating to Business License Taxation October 12, 1988 Page two In addition to these technical revisions, certain of the amendments make substantive changes to the existing ordinance as follows: 1. Section 12-3. Revised to allow the Chief of Police, upon a finding of unfitness, to revoke a permit he previously issued to the operator of a nightclub, adult bookstore or adult motion picture theater. 2. Section 12-36. Fees for renewal of lost or destroyed license tins issued to peddlers and refuse collectors has been increased from one dollar to five dollars to cover material costs. 3. Sections 12-39 and 12-49. Re-classifies temporary employment service businesses from professional service to personal service. 4. Section 12-72. Exempts from license taxation the gross receipts from concerts and shows which are donated to any char- itable organizations. The current ordinance provides an exemp- tion only if the organization is located in the County. 5. Section 12-116. Eliminates an exemption for certain commission merchants. The exemption is no longer required by state law. 6. Section 12-119. Eliminates an exemption from retail merchant license taxation for manufacturers who sell at retail from the place of manufacture. The exemption is no longer required by state law. The revision retains an exemption for manufacturers who sell at wholesale from the place of manufac- ture. These wholesale sales are required by law to be exempt. According to the Commissioner of Revenue, the amendments to the ordinance will not have a significant financial impact and only a small number of businesses will be affected. The Commissioner does not anticipate any appreciable net effect on the revenue derived from license taxation as a result of the revised ordinance. Recommendation: That the Board ordinance. bam2676:B7 adopt the attached 000!S M M it AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1978, AS AMENDED, BY AMENDING AND REENACTING CHARTER 12 RELATING TO BUSINESS LICENSE TAXES BE IT ORDAINED BY THE BOARD OF SUPERVISORS that: 1) Chapter 12 of the Cade of the County of Chesterfield, 1978, as amended, is hereby amended to read as follows: Article I. In General Sec. 12-1. Imposition and purpose of taxes generally. There shall be levied and collected for each license tax year or for such other period of time as may be specifically provided herein the license taxes as set forth in this chapter. The taxes imposed by the provisions of this chapter are in --a}} cases imposed upon the privilege of doing business in the county, including all phases and activities of the business, trade or occupation. candae�ed-in-the-eaantq Sec. _12_1_1__Exemetion_from _license _tax. Every person engaged in a business, occupation or profession, otherwise taxable pursuant to this chapter shall be exempt from the-dtttq-tc-app�q--far-a-baainess-�ieense--ar-petq-saeh s license tax if the gross receipts for such business, occupation or profession do riot exceed three thousand dollars ($3, 0oo. C►C)) during the taxable year. This exemption shall apply only to any business, occupation or profession which would, but for this exemption, pay a license tax the amount of which would depend upon its grass receipts or purchases. Sec. _12_1.2__ Limitations _with _respect_ta-license_ tax_ on direct sellers_ (a) Notwithstanding any other provision of this chapter, no license tax shall be imposed upon a direct seller, as defined herein, unless the total sales of such seller exceed four thousand dollars ($4, 000. GC►) per year. The rate of tax levied on a direct seller whose total sales exceed four thousand dollars ($4, 00(--). 00) per year shall riot be greater than twenty cents ($0.20) per one hundred dollars ($100.00) of retail sales or five cents ($0. 05) per one hundred dollars ($100. CSC►) of wholesale sales, whichever is applicable. No license tax shall be imposed upon such direct seller unless such person maintains his place of abode in the county. (b) As used in this section the term "direct seller" means any person who: 000 (1) Engages in the trade or business of selling or soliciting the sale of consumer products primarily in private residences and maintains no public location for the conduct of such business; and (2) Receives remuneration for such activities, with substantially all of such remuneration being directly related to sales or other sales -oriented services, rather than to the number of hours worked; and (3) Performs such activities pursuant to a written contract between such person and the person for whom the activities are performed and such contract provides that such person will not be treated as an employee with respect to such activities for federal tax purposes. Sec. _1__2__Definitions. The fallowing wards and phrases, when used in this chapter, shall have the following meanings, except where the context clearly indicates a different meaning, or there is an express provision to the contrary: Ertitry_f ec_--the-f rxrd-s�tm--prescrrbed-bp-tt-p�trtscn�e�r--sect•rcn cf-t•hrrs-eh�tpter-ta-be-asrei-a��+ng-urrth-e�-preacribe�F-percen��tge--cif �nather-frgnre-rn-determrnrng-t•he-amcctnt•-af-the-3-i-cense-��tx-t'o-be Rsseseeef-�rnder-that•-petrtrc�t�ar-sectrcr�-. Gr^oss_receipts_af-the_basiness_ The grass sales of gaods_and merchandise and the grass receipts of the business, occupation or profession from all earnings, fees, commissions, brokerage charges and rentals and from all income whatsoever arising from or growing out of the conduct of the business, occupation or profession licensed in this chapter, during the license tax year immediately preceding the license tax year for which the tax is being computed, without any deduction whatsoever, unless otherwise expressly provided. Person. Individuals, firms, partnerships, associations, corporations and combinations of individuals of whatever form or character, including any trustee, receiver, assignee or personal representative thereof carrying are or continuing a business, profession, trade or occupation. tt �7 0 e M M Sec. 12-3. Certain - m perits_reguired_from_police_chief_ ------------------ Every person desiring a license under the provisions of this chapter for acting as a aneafrcrne-vendor or a nightclub operator, adult _bookstc-re,__adult_rnation_picture_theaters _and adult mini motion -pictures shall first apply to the chief of police for a permit and shall produce to the chief of police evidence of the (good character of the individual), the members of the firm or the chief officers of the corporation, as-the--case-mQq-be----ft shalt}}-thereapart-be-the-datq-af The chief of police to shall make a reasonable investigation of the character of the individual, or of each member of the firm or of each chief officer of the corporation ets-the-a-atae-maRq-be to determine the_fitness and if he be is satisfied that the individual, the members of the firm or the principal officers of the corporation, ass -the -case -maybe,- be of --- good ---- mast}---ehaRreteter---- and are fit to engage 1 aw f_i 1 1 y_purs_se_such_activity i n-the-prapaseaf-baerrtess,- he shall issue the permit. The form of the application for the permit and the form of the permit itself shall be prepared and furnished by the chief of police. The chief of police may revoke any permit issued under _t_hi_s chapter if he is satisfied that the permit holder no longer- meets the standards of this section. Sec. _ic_4__Duty_af_license_applicant_ to ascertain_ if location pr!-perly_zaned_and _use_permit_issued. It shall be the duty of every person applying for a business license to a!tsa-ertasin-if--the insrtre_that _the location for the conducting of such business,trade or occupation or_profession is properly zoned for -,its intended use a!tna--hare-the-=neeeseatrp--aae ---------------- perm+t before making application for sach a business license. The-ecmmrssscner-cf--revenue-or--treesarer-trti-atnq--c>:tse-Nhere--he knaHs-that-the--}aa-eetian-re-not--proper}q-tarea�-far--the-tgpe--af baseness,--tratde--ar-ae•eapatttan--app}gang-far--te-baairtesa--}icense ehR}}-refuse-ta-isaae-saeh--basirtesa-}rcertise-aritr}-a!t--eertifteette rs-iasaed-bq-the-director--af-a-ammnnrtq-sieve}ailment-stetting--(halt( the-}cea�tiarti-ts-proper}q-caned: . All applicants for a new business license shall obtain a certificate from the Director of Planning stating that the location is properly zoned for its intended use, and such certificate shall be presented to the commissioner of revenue prior to conducting business. The commissioner of revenue shall refuse to issue a business license if the location is not properly zoned for its intended use. Place adult book store, adult motion pictures and mini motion picture as separate taxable category. 0008 3 Sec_ 12-5. License tax - Year. -------------------- Each license tax year shall commence at the time when the license is first becomes assessable and shall expire an December 31 fo��owing-the-dap-when-each-iicenae-first-becomes-aeaeaaabie: of_that _calendar_Year_ Sec. iS_6_Persons _beginning_business__ license tax based on estirnate of grass_receipts^_Generally_ Every person beginning a business, occupation or profession that is subject to a tax equal to an -entry -fee -and a per centurn of the grass receipts of the business shall estimate the amount of the such gross receipts of--the-business that he will receive between the date of beginning business and the end of the then current license tax year. and The license tax on every such person beginning such business, accupation_or_prafessian shall be a -stem equal to the-entry--fee-and-the-percentt<m-of-that--estimate prescribed-by-the-partica�ar-proviai-on-of-thin-chapter-app�icab�e to ---- sach---- baainess-such estirnate mLtltiplied_by_the_applicable license tax rate. ----------------- Sec_ 12-7. Same-Same--WhenContinuation of a business riot in gn.Etence for_full_year.. Every person whose business, occupation or profession is subject to a tax equal to -an -entry -fee -and to a per centurn of the gross receipts of the business and who was licensed for only a part of the next preceding license tax year shall estimate the amount of the grass receipts of the business that he will receive during the then current license tax year, and the license tax on every such taxpayer person shall be a-sam equal to -the -entry --fee and -the- per -centr"m-of-that estimate prescribed-by-the-partrctt�ar provision-of-this-chapter-app�rcab�e-to-such-baetnesa,--aectepatron or -profession.- rnultiplied_by_the_applicable_license _tax _rate. Sec. 12-8. Same--Cornputat ion when tax base other_ thari_grass r_ece i pt s=_Gener`a 1 1 y_ Every person beginning a business, occupation or, profession that is subject to a tax equal to an -entry -fee -and a per centurn of a basis other than grass receipts of the business shall estimate the amount of the applicable tax base for the period between the date of beginning of business and the end of the then current license tax year, and the tax for that year shall be an amount equal to i the entry-fee-and-the-per-centtcm-of-that estimate at-the--rate--prescribed-by--the--app�rcab�e-provreiona--of--thra chapter--with---respect---to--the---business: rnultiplied_by_the epplicable_license _tax _rate. 000'9 .t: *41I/r Sec. 12-9. Same--Same--Where business not in existence for full -------------------------------------- ---------------------- _year_ Every person whose business, occupation or profession is subject to a tax equal to an--entry-fee-and a per centrum of a basis other than the gross receipts of the business and who was assessable for only a part of the then -next preceding license tax year shall estimate the amount of the applicable tax base for the then current license tax year, and the license tax on every such taxpayer person shall be a-sttm equal to the -entry -fee -and -the -per eentam-of-that same estimate multiplied by the applicable license tax rate. prescribed--by--the-partiea�ar--provision--of--this chRQteY-RQp�reab�e-to-each-bastnesa;-ocenQRtron-ar-professian- Sec_ 12-10 Same —Correction of estimate at close of -tax_ye_ ar ---------------------------------------------------- Every estimate made in accordance with the provisions of the preceding -facer sections 12-6 through 12-9 shall be subject to correction by the commissioner of the revenue at the close of the license tax year so that the final correct tax shall be computed upon the basis of the actual amount of the applicable tax base at the end of the license tax year. Sec_ __12-11;.-_Expirat ion _date _of_license. No license shall be issued under this chapter for a period beyond the end of the current license tax year, and unless otherwise expressly provided every license issued under this chapter shall expire at the end of the license tax year. Sec. 1 12___Designation_ of business location. Every license to engage in any business, occupation or profession, unless expressly authorized elsewhere or otherwise by law, shall designate the place of such business, occupation or profession at some speeifred-ho►tse-on-other definite place within the County. Engaging in any such business, occupation or profession elsewhere than at such hasxse-or definite place, unless expressly authorized by law, shall constitute a violation of the provisions of this chapter. A iieense-uohieh-does-nryt-spec'rfp-eKch-hanse-c+r-definite-peace-shRii be -void; -provided; -however; -that -where when the license required is such as to indicate c+earfy--shcw that the license does not have a speciaf-hettse-+--4r definite place of business in the county, the license shall designate the residence or place of business of the licensee wherever it may be. Sec 12-13Persons engaged in more than one business, occupation or profession. Every person engaged in more than one business, occupation or profession in the county for which license taxes are prescribed by this chapter at more thar, one rate cr-at-different-entry-fees 0Oj0 1 shall be assessed with and shall pay the license tax prescribed for each the respective business. Where a person engages in two or more of such businesses, occupations or professions at a single place of business, each of which business is seb:�eet--tO the-same-entry-fee-and-rs taxable at the same rate on the gross receipts thereof, On�p-one-entry--fee-ehe�ii-be-paid-Nith--reepect to -them -end -the gross receipts of such businesses, occupations or professions shall be consolidated, computed and reported as one item, and only one license tax shall be computed thereon; but the license receipt shall show the respective businesses, occupations or professions that are covered by the consolidated license tax. Sec. 12-14. Assignment_and_transfer--Generally_ --------------------------- No license -teex-sh�tii--be-eteeeeeed-�tgetinet--et-tttxpttper-ate--ec beginner-ahO-eaceeede-in-end-tO--the-btteineee-Of-et-tetxpe�yer--that Note-dniy-}ieeneed-tat-the-time-Of-each-eaeeeeaicn-if-etceh--license aeete-e�eeignttb�e-etnd-tretnefer�tbie-end-if -each-eaeeeeeor--eantreeted evith--the--predeeeeecr---for--etn--eteeignment---and--transfer --- of predeceeecrie-licence-tO-the-bnerneee;-even-thOagh-the-}leenee-be not --- COMP+eteiy ---- transferred ---- its ---- hereinafter ---- regaired- issued_pursuant_to_this_chapter_shail_be_assignable_or^ transferable. Sec. 1`_15_Same--Change_in_existing_partnerships^ Where there is a change in a partnership by the death or, withdrawal of one or more existing partners or by the addition of one or more partners or a combination of either the death or - withdrawal and the addition of one or more partners, it shall be considered that there is the creation of a new partnership for the purposes hereof and a new beginners license shall be required of such new partnership. �cniess-there--is-et--eOntrect between-the-petrtree-fcr-the-cteeignment-end-transfer-Of-e--licence ahieh-mery-be-fRoef cttiy-etseigned-itnd-tretnsferredr See__Y12_16=--Se�me__Method_O�_gsstgriirigs_resQorteibt}tty_ttnd Qriv_i}egcs_ryf_ctssrgnees�fee, -----Except--where--Otherwise--provided--in--this--ehaptcr,---nPOn presente�ticn-tO-the--cOmmiesiOner-Of-the--revenue-Of-�tny--ircenac lee«ted-«tnder-the-prcvisiOns-Of-thee-chapter,--except-a-licence-the tax-npcn-aehich-le--be�eed-capon-an-eetime�te,---far-the-then--current itccnsc-peer; -the--t�tx-npOn--which-hate--been-f�tify--paid-fcr--the entrrc-licence-tex-year;-with--Ot-written-�teergnment,--the--license mey-be-e;ssigned-Rnd--trRneferred-fcr-the--unexpired-term-Of--such licence-tO-the-assignee-thereof----the-Reeignee-ahr�ii-ccmpiy--with �tii-the-terms-e<nd-ccnditiOne-apOn-vahich-the-Origine�i-licence--oaecs tamed-end-ehetii-be-entrtfed--tO-ail-the-prrvriegee-e�ffcrded--the Ortgrnzti-}xcensee-fcr--the-Otncxprred-term--Of-each-ircenacr---the COmmrssiOner-Of-the-rove»Ote--eh�rii-m�rkc-�t--cherge-Of-two--dOilare fcr-eetch-iiconec-eteergned-�tnd-tre�nefcrred- (J O I, A fir+ Sec. 12-16. Reserved. Sect__#2_#�___Setme__f�enR�t�_far_candyc�rnglba�irtiess_Qriar_ta_eam Q�ettori=af_g�Qrgnmen�_gn�_QQymertit_af_fee_ dpan--the--preaentQtian--af---the--erccigned--}reense,---- the cammicaraner-af--the-revenge--Chet}}--ccrtifq-the--aaeignment--Qnd transfer-span-the-ariginet�-}iccnce---Everq-peraan-candactrng--Qnq baaineca-far-which-a-}ieenee-if-regaired,--withaat-camp}etrng--the cacignment-and-trerncfer-af-aach--}icenae-daring-thc-carrent--pear of-aaeh-licence-and--withaat-the-pagment-af--the-charge-far--aaeh assignment-and-transfer,--aha#}-bc--aaacaced-with-and-shy}}-pap--a pens}tq-af-twentq-da}}ars---Sach-aacecament-cha}}-be-made-bq--the cammraaianer-af-thc-revenac-rn--the-came-manner-etc-#icenae--taxes are-caaeaaed,--and-the-pens}tq-map-be-reeaaered-in-Qnq-manner-then }icenae-taxes-map-be-reecaered- Sec. 12-17. Reserved. See:--#E-#8---Same--Ehange_rn_bagineQa-#aeettianr ----------------------------------- bdhen-a--peraan--hay--abtatncd--a-#icense--ta--carrq--an--anq baeineaa;-cecapatian-ar-prafeecian-at-anq-t�-definite-pace-in-thc canntq-and-dcairea-ta-re�aeette--remade-ta-anq-ather-p#cce-in--the caantq--and--wiahea--hic---}rcensc--et}tered--anetccordrng#q,---- the cammicarancr-af--the-revenac--shot#}-make--such-a}tcratian--an#eac there-be--eta-expreca--praeiaian-e#aewhere--farbiddrng-remava#--ar a#terRtran-in-the-}rcenae- Sec. 12-18. Reserved. Sec_--�2_�9___Setme�_Farm1��peca��ttion_iris}rger+Qeas_rr�t�tdtty ger�er�t}}q_ Everq-assignment-and-transfer-af-a-}iccnse-cha}#-be-in--each farm-aa--ia---prescribed--bq--the--cammrcaianer--af--the--revenae- Wathing-in--aectiana--#S-#4--ta--#S-SH--cha#}--permit--angane--ta apecn}ate-ar-trade-in-licenses---Pda-transfer-ar-asargnmen�--aha}} be-vet#id-nn#eaa-it-be-paraaant-ta-the-banner-fide-intent-af-the transferee-ar--assignee-ta--engage--in-the--basincae-and--at--the }acatian-cavcred-bq-the-}icence:. Sec. 12-19. Reserved. Sect--��-2H`--Sgme_-EertifYc�tteai_agtha_or_barid�_regarred_gf- �tggtgnees_gggment_af_etd�Y�iane�}_�etx�b�r_gggtgnee_rehen_regarree�^ #f-the-#icence-way-abtarned-ar-herd-its-va3-rditq-bq-rcacan-af a-certificate-af-anp-caart-ar-af-anq-cath-ar-band,--the-assignment whet##-nat-be--ae#id-withaat-a--dike-ccrtrfrcate-in--favar-af--the aacignee-and-a-}ikc-aath-ar-band-bq-the-acaignee-aa-way--regarred far-the-arigrna#--grant;-and--when-aceigned-aha##--be-a--peraana# privi#egc-ta--the-assignee--and---aha#}-nat--be-exercrced--bq--anq person-other-than--the-Qssrgnee,--antes--ctherNrse-a�athcrrreef--bp haw--if-the-}rcense-te�x-erireerdp-petid-bp-the-assignor-rs-}ess-than the-trcense-tax--which-waa�d-be--e�ssesse<bie-e<geinat-the--assignee bat-for-the-etssignment,--etn--additiane�i-� 'rcense-tax-sha��-be--petid by-the-assignee-egaet�--tc-the-differnce-between--the-tax-perrd--cn the-assigned-license-esnd-the-�ieense-tetx-which-waa�ef-be-otherwise etssessetb�e-etgr<rnst-the-assignee.-. Sec. 12-20. Reserved. Sec. 12_c1_Books _and _records _of_taxpayer_ Every person who--is-e�ssessetbie-with--etnq-gretdtcetted--incense tax shall keep sufficient records to enable the commissioner of the revenue and the license inspector to determine eerti-fp the correctness of the tax paid for each-cf-the-three-f3}-tetx--pears last-past-etnd-far the current license tax year and_the_preceding 3_tsx_yesrs and to enable those officers to ascertain whet-rs the correct arnount of tax that wets is assessable for each of those years. The commissioner of the revenue and the license inspector shall have the power -tend right to examine the books and records of any taxpayer persons liable for taxes assessable under this chapter or the books and records of any other person that may indicate the assessable tax of such person. with-respect-tc--the possible-ii�tbiiitq-af--any-person--acing-the--fetcr�ities-af--such tr�xpetper-ens-well-ens-with-respect-to-the-iierbiiitp-cf-the-te�xpeeger whose-banks-etnd-records-erne--so-exetmined- Such records shall be open to inspection at all reasonable hours. Sec. 12-22.Collection_and_payment_of_tax__Date_of assessabilityi_when_due_ar�d_payable� Except as otherwise provided, every license tax assessable under- this chapter shall be assessable on the first day of the license tax year and shall be due and payable on the first day of the license tax year. Secs12_23.Sarne-_Pena 1 t y-Interest _f or_rioripayrngnt _by_t her than beginnerr. If any license tax other than that of a beginner -be person beginning business is not paid within one (1) calendar month after the beginning of the license tax year, there shall be added a penalty of ten (10) per cent of the tax and -interest -an -the -tax snd-penet�tp-at-ten-{}ca}--per-cent-per-etnnam--from-the-end-cf--the first-cetiendrrr-month-cf--the-license-ttsx-pear--antri-the-date--of assessment -thereof ; and if the arnount so due be riot paid within thirty (30) days from the date of assessment, the assessment shall bear addrtion&i interest on the full amount of the tax, penalty and interest at the rate of ten (10) per cent per annUm from the date of the assessment until paid. tl0 3 M M Sec. 12-24. Same--Same--Interest for_nonpayment_by_beginner_ -------------------------------------- Every person beginning business shall pay his license tax immediately -prior to beginning_upan_business art-onee , and if such license tax be riot paid within ten (10) days from the beginning of business, the license tax shall be subject to a penalty of ten (10) per cent and-interest-en-the-tQx-c<nd--penes}tq ett-ten-{4E►t-per-cent-per-tennam-from-the-tenth-detq-eefter-the--date af--beginning--basrneae--anti}---the--date--of--assessment; the assessment shall bear additiante} interest on the full amount of the tax, penalty and interest at the rate of ten (10) per cent per annum from the date of the assessment until paid. 5ec�__#2_SS=__Same__�nsteiimerit_Qr�yment -----Nheriever-the-teggregtete-etmcant-of-}icenee-tetxes,--exe}alive-cf pedd}ere-cr-s}at--metchinea-ttReetssed--ett-etnq-one--time-ander--thie cheepter-eta-af-the-first-detq-ef-etnq-}teeriae-teex-geetr,--etgetinst--etnq case-{#}-peracri--with-respect-to--the-baeineesea,--accaptttiane--end prr+feeaioris-cnndaeted-bq--him-in-etnq--one-p}teee-ia--fiftq-da}}etra {�gH-NH}-nr-mere,--then-that-etggregttte-etmoant-of-}icentse-tt<xea-metq be-doe-end-petpttb}e-eee-fc}}cove : -6ne-het}f-thereof-an-the-first--detq af-the-}reenee--tttx-peetr-ttrid--one-het}f-af-then--teggregttte-be--not pedd-ooithin-case--{#}-ete}ender--month-etf ter-the--beginning-of --thc }rcerise-tetx-geetr,--the--whn}e-ef-the�t--a�ggrege�te-af-}icenee--tt�xee ehet}}-became-dote-etrid-petgetb}e-�+ri-the-fires-dttq-cf-the-aecarid-month cf -the-}icenee--tttx-gee�r----{here-eht�}}--be-etdded--ta-the--entire }icerise-tetx-t�-pente}tq-af-ten-{#H}-per-cent-ori-the-ttex----}merest ett-the-rette-cf-ten-{#H}-per-cent-per-etrinam-ari-the-tetx-ttnd-periet}tq from-the-first-detq-cf-the-tsecand-month-af-the-}iceriae-tttx-gear-te the-dote-of-the-tesseasmerit-thereof-anti}-pedd-ehet}}-be-Rdded,--tend the-treetearer-ehet}}-ca}}ect-the-ouhc}e-etmcarit-cf-the-etggregette--af }icense-tetxee,--pease}tq--eerid-interest--in-the--metnner-provided--bp }etoa: --}f-the-first-hie}f-cf-the-}iceriee-tetxea-be-pedd-en-cr-before the-}tilt-dttq-af-the-frret-month--af-the-}icense-tetx-geter-tend--the }stet-hie}f-ori-the-etggregette-af--each-}icenRe-tt<xes-be-not-paid--ari or-before-the-thirtieth-detq--cf-the-sixth-month-�+f-the-}iceriae-tetx peeer;-et-periet}tq-cf-ten--F#N}-per-cent-cri-the-tttx-af-the-}etas--hie}f a f -the--teggregette-af-each-tuxes--tend-interest-cri-the-}etas-het}f --cf the-etggregette-cf-each-}icerise-ttexea--arid-penes}tq; -ett-the-retie--af ten-{#H}-per-cent-per-eeririam-from-the-fires-dteq-of-the-sixth-mryrith cf--the-}icenae--tttx-peter--anti}-petgment;--ahte}}-be---etdded-bq--the treetaarer-tc-the--eemaarit-doe-ttrid--not-pedd-etnd--he-shot}}--ea}}ect each-tetxea; -penes}ties-etnd-iritereat-iri-the-metnrier-provided-bq-}eteb:- Sec. 12-25. Reserved.- Sec__12-26_Same_-Effect_of_ abandonment _ or closing_on_liability for --payment - In the event a person who has paid a license tax based or, actual grass receipts, permanently ceases to engage in a business, trade, profession, or occupation cet}}frig ()0i within the county during a year for which a license tax has already been paid, the taxpayer shall be entitled, upon application, to a refund for that portion of the license tax already paid, prorated on a monthly basis so that the licensee is taxed only for that fraction of the year during which the business was operated within the county. The operation of a business for any portion of a month shall be considered a full month for proration purposes. The-eettntq--ehetff-remit -any --eaeFv f ands--orith+n--- thrrtq--f3�►�---detps--of---certi f ree<tron--bp---the eommrssrener--ef--reaenete--ef--the--amount-reensee- No_Person_shall _ be entitled _to_a refund _of_minimum license taxes,__qLr_license_ taxes_ riot based an n ass rece i t s. See---fS-S�---Se�me__Fayment_af _i'nt'erest_not'=eoristraed_tts- ---------------- ext'ertc�rrig_ti'nreTfar_pe�pment_cf_tax� Wethrng-eentriined--herei n--etc-te--frecbr�rtq--for--etddrt+oM&+ rntereet-on-Rsaessments-she��-be-eenetraed-eta-extending-the--time for-petgment--ef--etteh--essesamenta-or--preaent--preaeetttrens--for nenpe<gment-thereof.-. Sec. 12-27. Reserved. Sec. 12-28^Powers _and _duties _of_county_officers_in_r_egard_t2 incorrect retur_ns_gener_a 1 i y.. �n--etny--cane,---except--where--othcraorsr_--prcvideeF--i'n--thre eherpter,--in--which The commissioner of the revenue and --the +teense----- nspecter. for the purpose of verifying license tax applications and processing the information necessary to make a complete assessment, helve-rcesen-tc-be}ieae.-theft-the-return-or stet'ement--fY�ed---Ya--Yncerrect, they --chaff may cause an investigation of the taxpayer's books and records to be made and shall ascertain whether such person has made a true and correct return or statement. To that end every--attch--cffteer the commissioner of revenue is expressfy authorized and --empowered when-necessery to Summon such person before him and require the production of all his books and papers oahrch-he-hers--reetsenetbfe cease-tc-be�Yeve which will throw-etny-�rght upon -the -matter -cruder further such investigation and shall also be authorized and empowered to make such other --and further investigation and examination as they he may deem proper rn--order-te--e�ecetrRtefq determine-the--proper-return--cr--ate�tement-te--be-me�de--by--saeh person. o o Sec. 18-3CU. Assessment of additional tax. If the comrissioner of the revenue ascertains that any person has been regularly assessed with a license tax levied in fir►' `'rlO this chapter for any license tax year of the three (3) license tax years last past or for the then -current license tax year, but that upon a correct audit and computation of the license tax the assessment thereof should have been in an increased amount, and the assessment of the license tax in the lesser amount was not due to the fraada}erit-irtiter►t-or intent to evade taxes on the part of the person or the failure of the person, to file a proper return, then the commissioner of the revenue shall access assess the taxpayer- with the additional license tax or taxes found to be due, without any penalty or interest. If the commissioner of revenue determines that the assessment of the license tax in the lesser amount was due_ to the intent to evade taxes on the part of the person or the failure of the person, to file a proper return, the commissioner of revenue shall assess the taxpayer with a penalty and interest as provided in Section 12-31 in addition to the additional tax. If the assessment of the additional tax s_ and penalty and interest if applicable, be not paid into the county treasury within thirty (30) days after the date of assessment, interest at the rate of ten (10) per centurn per annurn shall accrue thereon from the date of such assessment until payrner�t,--anr�-the-treasurer-sha}}-ct,}}cct-sack-rnterest-a}ong-aerth the-tax-anel-rn-the-samr-manner-as-the-tax-maq-be-co}}ecteci. Sec. 12-31. Assessment of omitted tar.. If the commissioner of the revenue ascertains that any person has not been assessed with a license tax levied in this chapter for any license tax year of the three (3) license tax years last: past or for the then -current license tax year, it shall be the duty of the commissioner- of the revenue or other assessing officer to assess such person with the proper license tax for the year or years so omitted,-_ acidrrig-thereto-the If the commissioner of revenue determines that the person has not been assessed due to the intent jo evade taxes or, the part of the person or the fai 1 ure of the persons to file a proper return, the commissioner of revenue shall add to the license tax a penalty of ten (10) per centurn of the license tax and interest on the tax and penalty at ten (10) per cent um per annum from the first day of the license tax year for which assessment is made to the date of assessment. If the amount so due be under this section is not paid within thirty (30) days from the date of assessment, the assessment shall bear additional interest on the full amount of tax, and penalty and interest if applicable, at the rate of ten (10) per centum per annum from the date of assessment until paid. Sec. 12-32. Assessment by cornm i ss i oner of the revenue general 1 y ; relief from erroneous assessment. Except--as--atherwrse---prOvfded--+n--- thrs--chapter,- --- ,The commissioner of the revenue shall assess a 1 1 license taxes prescribed in this chapter. Any person aggrieved by the action of the commissioner of the revenue may apply to the circuit court for relief from the alleged erroneous assessment within the time and in the manner provided by general law. (J Q1t h Sec. 12-33. License inspector. The license inspector is authorized to enforce the provisions of this chapter and any ordinance of the county requiring license taxes to be paid to the county, review any and all business and motor vehicle license records of the commissioner of the revenue ether--than-income--terx-returns and examine and audit the returns of all persons wham he has reasonable cause to believe to be liable for payment of any license tax levied by the county, do any and all acts authorized by Chapter 57, Acts of Assembly, 1956, as amended by Chapter 490, Acts of Assembly, 1962, and shall at all times be under the supervision and control of the board of supervisors or its agents. Police powers are hereby conferred upon the license inspector and all deputy license inspectors, while engaged in performing their duties as such under the provisions of this chapter, and they shall exercise all the powers and authority of police officers in performing those duties. The license inspector or deputy license inspector shall ascertain the name of each person engaged in conducting any business, occupation or profession in the county vaithcut--he�virtig--obtained--a--}icertiae therefor who has not obtained a license therefor and the name of each person having a a}ot coin -operated machine in--anp--p}ace mentioned-irti-this-chapter-a+ithcut--hecvtng who has not obtained a license therefor as renuired bYthis chapter. The license inspector or deputy license inspector may issue a summons or have a warrant of arrest issued for any such person, charging him with a violation ion of the provisions of this chapter and may serve a copy of such summons or execute such warrant upon such person in the manner- provided by law. He shall return the original to the general district court with the matter and time of service or execution stated thereon. Sec 12-34 Tins and tags provided; display of tins and tags. The commissioner of the revenue shall provide annually tins or tags of such color and design as he may prescribe, to be used as evidence of payment of the license tax prescribed for - peddlers, j urrk --deer}era,--ceirtivzts�sers--artd-dea}ergs--in--second-hand paper and refuse collect _ys. Sec--#•S-w�--Stermc+•-arid-stickers-yrcdided- The-ccmmisaiartier•--cf-the--re�*enue-shtt}}--provide--etnnuet}}y--e stamp-r_tir-aticker-cf-«uch►--co}ryr--and-design-erY-he-map-prescribe--tc evidence-the--petgmerit•-af---}icer,3e-tuxes--an-a}ot--mt�chines--uohich sha}}-be-iaaued-upon-the-perpmertit-ryf-the-}tceriRe-te�x-ao--required- �##-S9-6S,--�s-S: Sec. 12-35. Reserved Wow ` W0 Sec 12-3E Fee for renewal of last ar mutilated tin,- or tag - Sticker --etc. For each renewal tin,- or tag, Batton, --at etmp-ar-atieker-where when the original has been last or mutilated, the applicant shall pay one-doMer five dollars. Sec 12-37 Transferability of tins,- and tags.--atrckera---etc.-; eticker-to-be-fRatened-to-aiot-machine. No license tin,- or tag;-bcttton,--sticker--or-stamp shall be transferred from one person to another^,---Rnd-rrnp-sticker--iaa►ted for-a-aiot-machine-eh�tii-be-aecKreip-feretened-to-the-machine . Article II. Repealed. Sec. 12-38. Reserved. Repealed by ordinance adapted 10-13-82, § 2- Article III. Personal Services. Sec 12-39 Enumerated: amount of license tax._ Every person engaged in one or more of the fallowing businesses shall pay a license tax equal to ten dollars for all gross receipts below five thousand dollars and thirty-six hundredths of one per centum of the grass receipts above five thousand dollars for the businesses conducted by him as follows: (a) An airport, a barbership, rc-arkiah;--Roman-or--other +ike-bath-or public pools or baths parlor, a beauty parlor, a blacksmith or ferrier business -shop, a bowling alley, a billiard, pool and or bagatelle parlor, -operating a boat landing or beat basin, a cemetery, a chartered club, an impoundment lot, a miniature golf course, a golf driving range, a golf course open to-the-pr_tb+ic, a hair dressing establishment, a motion picture theatre, a press clipping service, ei-p+tb}iceddreas--eyatem,- a public skating rink., a theatre; -&-wheelwright-shop. (b) The business of: Addressing letters or envelopes, advertising agents and agencies, protective agents or agencies and installers of burglar alarms, re�ri--cet�tte-Rgente,- agents finding tenants for and renting single rooms, buildings, houses, and apartments, ticket, transportation, travel and tour agents or brokers, renting eirpiMnee; furnishing ambulance service, operating an analytical laboratory, artist's representative, booking agent or concern concert manager, erecting--awnings,--tnateiirng--ecwninga,- atorrng--ewntngs,--taking--r}awn--awnings,- preparing bodies for burial, a boiler shop and machine shop, chicken hatchery, cleaning the outside of buildings, 0018 K furnishing business research service, a caterer, cleaning chimneys, a correspondent establishment or bureau, detective service, furnishing detective service, furnishing clean diapers, en--a}ectralagist,- an embalmer, operating an engineering laboratory, leearng-films-ta-other-far-campenaetians operating a frozen food locker plant, conducting funerals, cleaning furnaces, exhrbrtrt►g-et--trerrrted-�tnd--eetacRteef--harae,- boarding or keeping horses or mules, rent''rng-harees-ar--malee-ta-athere,- furnishing house cleaning service, fctrniehing--eleetn--infenta�--anderaeer,- furnishing janitorial service, operating a kennel or small animal hospital, supplying clean linen, towels, work clothes, coats, aprons, lack---repRrrrng,- locksmith, manicurist, a massage practitioner, e--messemr,- furnishing messenger service, except telephone or telegraph messenger service, mfineographrng,- cleaning maintaining and repairing motor vehicles, greasing --motor vehicles,--paliehing-motor-vehrclea,--aiding-motor-vehicles,- repair shop, valceniring,--electrieel-end--betterq-repetir-ovark-far--motor vehicles,- towing motor vehicles, eaeehing--motor-vehrclee;--motor vehrcle--reperr,---m«tltr-graphing,- nurses' registry, packing, crating, shipping, cutting, hauling, or moving goads or chattels for others, a parking lot for the storage of or parking of motor vehiclesvehicle= or other personal property, a photographer, physician's registry, picture framing or gilding, plating metals or any ether materials, operating a reducing salon or health club, renting any kind of tangible personal property, operating a scalp treating establishment, furnishing statistical service, stevedoring furnishing domestic or clerical help. labor or employment. (c) Repairing, renovating or servicing the-fal}awing: army personal property. E�iegclee,---rediae--- and --- televiaran--- apperatns,- --- electric refrigeretare;-pietnas;-pipe-argena-ar-other-mnarcel--inetrctments� fire-extrngnrehere,---road--canatrKcttan--mechrnerq,---road--reperr mechinerq,--farm--mechinerq,--indnetri-el--ar-cammererel--mechrnerq; t�nernees-nffrcr_--mechrnerq-ar--ePPliences,--honsehald--epplrencee,- ehaee,--avetcl-tee,--�eoaelrq;-nmbrellee;--herneeee�s,--leather-gaade--cr ahnee,--gnne;--windcaa-shedee,--dry}}a,--cemcres,--tags; -fanntern--pene;- pencila;-kadeke,---leave-maavere,---mettressee-ar--prllaoae,---mrrrcre; electric--matare;--ecelee,---pews---or--tac}e;--reaoYnding--a}ectrrc epperet«:ra,--reperrrng--ar--nphryletering--f ernrtare; --repairing--ar reaveetyrng-clethtng-or--h�arerq;-repairing-enq--other-article--not ment+oned- (d) Repairing or servicing septic tanks or septic systems. (e) Warehouse for storage of merchandise, ----tobacco; fnrnitnre;--other--gaade,---wares---cr--meterre}e,---eald--- storage avereha+tae;-werehanee--far-icing--ar--pre-coaling--gaade,--wares--ar merchandise,- any personal property or inventory, telephone answering service, furnishing telephone sanitizing service, supp}ping--c}pen--taavels,---supplging___c}pen--work--clothes,- art 0019 /.4 undertaker, renting or furnishing automatic washing machines, cleaning windows, letter writing. (f) Canvassers, other than those working on a salary or wage basis as employees of persons duly licensed under this section; detectives; publishers of county or city directories,-i operators of passenger motor bus terminals; renting or furnishing horses or ponies for riding within a limited area, field, park or other enclosure; manufacturing and battling soft drinks;,_ minerals or aerated water; pawnbrokers and pawnshops. (g) Ambulance service, book binding, day-care center, duplication service, nursing home, homes for the elderly, sanitarium, hospital, supplier of cable TV or sound track music, printing, public motor rink. (go-cart or motorcycle) , refuse service (hauling). (h) Any person engaged in any personal service not otherwise licensed under this chapter, where the service is rendered for compensation either upon or for persons, animals or - personal effects. (i) Frov 'riled;-hcaoever,--that-eEvery individual who alone and not in combination or association with any other entity, tutors another individual on a one-to-one basis in any academic subject or music, dance or art shall be exempt: from the license tax levied by this section. (j) Any person engaged in any business service not otherwise licensed under this chapter where the service is rendered for compensation either upon or for any business, trade, occupation or governmental agency. (k) F+ravtded,--hcavever,--that--eEvery person engaged in the business of providing protective services shall be exempt from the duty to apply for a business license or pay such license tax if the grass receipts for such services does not exceed ter, thousand dollars ($10, c_00. 00) during each taxable year. (1) Every person Who operates a hotel, 1'�7ot_el, motor lodge,. auto court, tourist court, travel trailer park., lodging house, rooming house and boarding house shall pay the_ license tax provided in this sect ion_ Sec. 1 C-39. 1 . Flea market and craft shows. (a) Every person engaged in the business of organizing, promoting or managing a flea market or craft show shall obtain a license for the privilege of doing such business in the county and shall pay a license tax equal to thirty dollars ($30.00) or thirty-six hundredths of one per cent of the total gross receipts from all sales of goods or merchandise sold by individual=_• participating in such flea market or craft show, whichever is greater. 00,?,9 M a a o Sec 12-40Dry cleaning and laundry establishments. (a) Every person engaged in the business of cleaning, washing, dyeing, pressing, repairing, sponging or spatting clothes, hats, carpets, rugs or other fabric articles, including laundries, shall pay a license tax equal t taeentp--do}bars 4$26-00}-amd ten dollars ($10.00) or thirty-six hundredths of one per centum of gross receipts for the business or businesses whichever is greater. C. ct 1 Sec 12-41 Nonprofit cemeteries exempt; computation of gross receipts of other cemeteries. Cemeteries operating as a nonprofit corporation or and, if a stock corporation, the stock, of which is, by the provision of the charter of such corps prat i on,- and in actuality, nond i v i dend paying, shall be exempt from the provisions of this article. The gross receipts of a cemetery shall exclude the amounts received from the sale of burial lots. Sec. 1 -4S. garde -Rea 1 estate agents The A_ real estate agent shall exclude from his gross receipts the commissions on insurance premiums and receipts from conducting business with respect to real estate belonging to such person and excluding interest, brokerage and other receipts from the business of lending money belonging to such person. Sec. 10-44. Same -Undertaker, etc. Every person engaged in the business of preparing bodies for burial, sn embalmerin , conducting funerals, or en engaging in the business of an undertaker, shall be allowed to deduct from the gross receipts of the business all payments made on account of his customers or clients far--barit�f--fiats,---far--doctors,- hospita}s---or---nterscs' ---services;---- for --- newspaper --- notices, er,�rispertrcticn-expenses-cr-ctMer-itke-expenses; provided, that no such item shall be deducted with respect to which the taxpayer has received or become entitled to receive any commission, fee, discount or profit whatsoever. UQZ1 I� See --4S-45--Same-impounding-}ot-aaerster- -----The-amaurits-recerv►ed--bp-the-operator--of-an-rmpac�ndirtg--}ot far-feeding-anima}s-sha}}-be-exe}tided-from-the-grt+ss-receipts--of the-business-for-the-purpose-of-computing-the-}teertae-tax-on-such operator. - Sec. 12-45. Reserved. Sec. 12-46. Additional licenses for-s}at-machines-or-debit}Cs. The license taxes prescribed in this chapter shall be ir, addition to the license taxes prescribed elsewhere npon--eiot maehrries-or-upon-vehrG}es-of-ariq-k+nd in this Cade. �v'ee--_-�'�-4�---MCrs�ns--ding=-bnsiriess--Yri--County--With--'�'Yeense e}seWhere--Amaurit-af-}icerise-tax- -----fa}--Except-as•--atherWise--provided--bp--}aW,---cverq--person engaged- -Yri--one--ar--mare--of--the--businesses--ar---professions ennmr_rated--in- sect ion-+2-39-in-the-caunt-p-and -he vi ng-no-of fice-or p}ace-af-bus+riess-Wrth+ri-the--countp-but-l-raying-a-definitC--p}tide of-business-or-maintaining-ari-office--in-a-cite-W+thiri-the--state hasrug-a-popreiation--iri-excess-of--tWo-hundred-nineteen--tho«tsarib but -not -morn -than- three -hundred -thousand ;-or- in- a -Co "ntp-adjacent thereto -shah --pap--a--}ieerise--tax--equa}--to--ten- -do}}ars--and thirtp-aix-hundredths-of--one-per--centum-of--the-grass--receipts resniting-from-the-conduct-of--the-bus+mess-or-profession-in--the county: -----�•b3---Eyr_rp-other--person--engaged--iri-one--or--mroe--of--the forego'Yng-bn•_•i•nesses-or-profess+tins-in--the-conntq-and-having--no office-ar-puce-of-business-in--the-county -she lf-app}p-a--}+cense tax-of-three-hundred-da}}ors: Sec. 12-47. Reserved. Sec-7-i2-487--Same--App}teab +ftY-to-persons-perfe-Nrm+na__uprinCf PS-1 arid--essential-actsu-•af-business-rn-connty.� --_--Every-person--engaged--in--one--ar--mare--of--the —Forego Yng businesses--whrely-is-mob'+}e---rn---chraraGter; -Where--princYpa}--and essentia}--acts-const+t"tin g -the -do ing-of-such-business-take-p}ace in-•-the-couritpi--a}though-the- person --map-have-a-definite-puce--of b�ssiriess-in-another-iacaiitp; -shall-pap-a--iir_cnse-tax-as-provided in--section--i2-477----The--term---uprineipai--and--essential--acts constrtrttrng-the--doYrig---of--such--busYriess;".--as--used--rn--this section;-rnci•odes-•the--eo}}ection-from-customers--of-artic3-Cs--ari Whir_h-Work-is-to-be-done-bp-such-eai}setae-at-a-definite-P}ar-e-of business-cyen-though-}ocated-in-some-tither-}oca}itp-and--inc}odes the--eiei+veep-to-customers-of-artic}es-on-WhYch-Work-has-been-done bp-such-de}iyerer--at-a--definite-p}ace-of--business-even--though }ocated-fn-same--other.-}oca rtp: 00,92 Iq 1AW00 Sec. 12-48. Reserved. Article IV. Professional Services. Sec 12-49Enumerated; amount of License tax. Every person engaged in one or more of the following businesses or professions and having an office or place of business in the county shall pay a license tax equal to twenty dollars for all grass receipts below three thousand, four hundred fifty dollars and fifty-eight hundredths of one per centum of the gross receipts above three thousand, four hundred fifty dollars of the one or more businesses or professions conducted by him as follows: The business of profession of: (a) An accountant, certified public accountant, art appraiser or evaluator of real estate for others for compensation, an architect, an assayer-, an attorney -at -law, art auditor, an auditing company or firm, an auctioneer, a blueprinter, a public bookkeeper, a buyer of installment receivables, a ceramic engineer-, a chattel or real estate mortgage financier, a chemical engineer, a chemist, a chiropodist, a chiropractor, a civil engineer, a claims adjuster, a coal mining engineer, a collection agent or agency, a common crier, a computer er^ adjuster, a computer programmer, a consulting engineer, a consumer financier, a contracting engineer, a credit card service, a credit union, a dentist, a doctor of medicine, a f act orer, a financier of accounts receivable, a--fnrnraher--nf dr+mestrc-ryr-c}erice�--help;-labor-ar--emp}opment,- a furnisher of plans or specifications for the erection or improvement of buildings or a person employed in a consulting capacity in connection with an architect, a credit bureau, a furnisher of data processing services, an electrolysist, an electrical engineer, escrow agent, a financial planner, financial services, a geologist, a heating and ventilating engineer, a highway engineer, a homeopathist, an industrial engineer, an industrial loan company, an installment financier, an inventory financier, an interior decorator, an investment broker, a labor consultant, a landscape architect, gardener, arboriculturist or tree surgeon or a pruner of trees or shrubs, a loan or mortgage broker, a loam or mortgage company, a lumber measurer, a manufacturer's agent, a mechanical engineer, a mercantile agency or agent, a merchandise broker, a metallurgist, a mining engineer, a nat uropat h, art optometrist, an osteopath, a patent attorney or patent agent, a ph,tostater, a physician, a physiotherapist, a professional engineer, a public relations counselor, a furnisher of publicity service, a radio engineer, a railway engineer, real estate brokers (including the gross receipts from real estate agents who are employees) and managers, �t--recryrcier-nf--Fr�+eeedtnge-tr^�--any enttrt,-eommtierc�ri --ar- other--cr��tnt�ett tnrti,- a court reporter or stert rapper,_ a refrigerating engineer, a safety deposit box company, a sales agent or agency, a sanitary engineer, a security /S and commodity broker, a commercial sign painter, a steam power engineer, a stockbroker, a structural engineer, a surgeon, a surveyor, a tattoo artist, a tax consultant, a taxidermist, a preparer of tax returns, a veterinarian, a working capital financier, an appraiser or evaluator of personal property or damage to the same, commercial art and sign service and any person rendering a service for compensation in the farm of a credit agency, an investment company, a broker or dealer in securities and commodities or a security or commodity exchange. (b) Any person engaged in a professional service not otherwise licensed under this chapter, soy long as the person is engaged in any occupation or vocation in which a professed knowledge of some department area of science or learning, gained by a prolonged course of specialized experience, instruction and or study, is used_ bp-its-pre�eticec}-etpp}iceetian-tc-the-affairs-cf others,--whether--e�dvrsrng,---geerdrng,---or-te�tehi-ng--them,---etnd--rn serding-their-interests-or-a►e}fare-in--the-practice-cf-Rn-tort--ar science-f cecnded-cn-rt- Sec 1250 Auctioneer's license --Not required by real estate agent or broker generally; fee for -itinerant. No auctioneer's license shall be required of persons engaged in business as real estate agents or brokers; provided, however, that every person who does not keep a regular place of business in the county who shall offer real estate for sale at public auction or-pmb}ie-0"terp shall be deemed an itinerant auctioneer freed-estete} and shall pay a license tar, equal to three hundred dollars. S_ec }S S#-Sesme--Mht--reexctirer}-fir-ses}c--�f-eertetin--arcdetets--e!et aaoner'-e-residence: -----hdr+-Rctcti-�neer'-a-}icense--shR}}-be-regnrrcd--for-the-apt}e--af esnp-wttgryn;-eetrrretge; -ter_etomrybi}e,---meehe<ni-cs'--tac}e,--aced--ferrmtng imp}ements,--}ivestock,--paec}trq--fdressed-ryr-ecndressed},---seetfcad,- vegetnb}ce;.-f rni-te,--me}cns,--berries;-f}owers;-}eetf-tobeteec-or-for the-sec}e--hf-seepndhesnd--fecrnrtecre--etnd-hr+ecseho}d--effects,----o-ohen tiring-ea}d-ett-the-residence-of-the-person-desiring-to-dispryse--of them Sec. 12-51. Reserved. Sec. -5 . Sarne--Sa1e� oaf cer^tair� articles d�.�r^ir�q certair, hours _12rohibited. No person licensed as provided in this article shall sell at auction, from the first day of April until the thirtieth day of September, both inclusive, between the hours of 7:00 P.M. and 8:00 A. M. , nor from the first day of October until the thirty --first day of March, both inclusive, between the hours of 6 : i ai i P.M. and 8 : 00 A. M. any jewelry, diamond or other precious stone, watch, clack, gold or silverware, geld or silver-plated lel aw AW ware, rugs, curtains, carpets, tapestries, statuary, porcelains, chinaware, pictures, paintings, bric-a-brac or articles of virtu. Sec. 12-54 Certificates of examination and registration prerequisite to issuance of certain professional licenses. Ida-}ieenee-ehe�}}-be-#aaaed-ta--one No person engaged in the practice of medicine, homeopathy, chiropractic, naturopathy, chiropody, dentistry, law, chemical engineering, civil engineering, highway engineering, sanitary engineering or any other profession which requires a certificate of registration and examination under the provisions of the Code of Virginia shall apply for a license under this chapter unless such person has been issued such certificates such certificate is in current force and effect, and the person furnishes evidence to the commissioner of the revenue that he has properly registered and has in effect a current registration as required by state law. S_ee-}5-55---Feraan•--china--bn•inee•--in--c�nntt+--with---affice e}eewhere: �e}--Exeept-ere--atherariee--pra�rided--bp--}tress,---e�erp--peraan engaged--in--ane--ar--more--af--the--b*caineesee--ar---prafeaarane enamerttted-rn-eectran-4S-49-i-n-the-canntq-ecnd-httvrng-na-aff�ee-ar p}QGe-af-bnrrneee-wrthin-the-canntq;-but-hnarng-e-defrnYte--p}rice af-btt�Yne'R�-ar-mlRYntl.'CYnYng-L'tl'Y-affYGe---Yn-t't-CYt`,�'-trJYtf"tYn-the--'StLtte he►�ring-tt-papas}e�tian-rnr. xceee-af-taro-hundred-nineteen-tha�tattnd-bctt nest-more--thrcn-three--hundred-tl-ronee�nd--ar-rn--r_e-Gonntq--�td�etcent therr_te-ehe}}-pey-a-}ier_nee-tux-egrcn}-ta-twentp-des}}ere-scud--eixtq h«tndredthe-of-r+ne-per-Gentnm-af--the-graes-retierpte-seen}tYng-from the-Gandnct-af-the-btcsrneae-ar-prafeeeian-in-the-caccntq- ------fb}--E•rerp-ather--perean--engaged--rn-ane--ar--mare--af--the foregorng-b•_teineeeee-ar-praf eesians-in--the-cactntq-end-kitty 'Yng--na of f ice--ar-p}rcGe-af-baainee!s-in-the-Ganntq-skirt} }-pttq-rt-}icense-te�x of -three-hundred-des}}r<ra: Sec. 12-55. Reserved. Article V. Alcohol is Dever -•age_•_ For state law as to alcoholic beverages generally, see Cade of Va. , S§4-- 1 to 4-98. As to local licenses and taxes, see Cade of Va. , S 4-38. Division i. Generally. Sec. 1 2-5G. Definition The following terms whenever used or referred to in this article shall hecve-the-fa}}awing--meaninge be defined as defined in the Virginia Alcohol Boverage Control Act_: (a) Alcohol Z1 m m (b) Alcoholic beverages (c) beer (d) battle (e) Club (f) Druggist (g) Hotel (h) Sale and sell. (i) Spirits (.j ) Wine A}echo}rc-beverectce�--the--term-ue}coho�ic-beveregeau--she}} inc} "de --the--clef Ynin on- -thereon---come fined--in--the--- 'dirginie A}echo}re-be�erege--Eontro}-Act--end--ehet}}-inc}tide--beer,---}eger- bcer;-e}e;--partr_r,---earns;-ermr}ctr-fermented-me}t-cr-v•snone--}rgrt�+r end-frntt-:�*tscce-contcin•sng-enc-hR}f-of-one-per-centaM-ar-more-af e}ertiFrr_�}-b�.--yn}nme-end--not -mare--than-throe--end-two-tentho--per centnM-of-e}echo}-bp-weight: -}he-t•erme--ue}coho}u-and-uapiritsu--she}} inc}nde--the--definYtiane--thcrr_of--conteinecl--in--the---Nrrg+nie A}echo}ic-bcaeregc-Eontroi-Act.... -----beer.---�hc-term-ubeeru-chef}}-ine�+tde-the-definrtron--thereof eonteined-Yn--the-Nirgin•ie--A}echo}ic--bevcrege--Eontro}--Aet--end she}}-inc}nde-beer,--}eger-beer,-a}c,--porter-end-aimi}etr-fermented me}t--}ignor---conteining-one-he}f--of-ono--per-ccntnm--or-more--of e}echo}-bp--vo}nme-end--not-more--then-three--end-two-tenths--Per cent•nm-of-e}echo}-bp-weight: -----bdinc: --the-term-uwinc"-che3-}-- •rne}rtdc-the-defin itron--thereof conteined--in---the-Nirgini-e--Air_ohoirc--br_veregc-Eontro}--Aet-•-enc� Shall --inc}nde-wrne-end-ei mi}er-fermented-v i.nona-}i cT"ctr-end---fr"it juice-conteining-one-he}f-of--one- Per -Cent nm-or-more-of-e}echo}-bp •yo}nrne-end--not-more--then--three--end --two-tenths-per--ecntttm--of e}ertihn}-bp-weight: Each--- person- --che}} --ertgege---in--thef men*�cfr_tctrtrrng,---bott•ling;- who}cce}ing--or--ret�tY}ing---eicol-ro}fie beaeregee-she}i-obtei-n-the-}recncc-hcrcineftcr-more--cpccrfiee}}� prcecrrbed-end--she}3-pay --therefor-the-iiccnee-texec--hereinefter @tsseeeed- Sec. 12-E6. 1_ License regl-sir^ed. Esch pger-•sc,n who shal_I engage ir, the business of manufact i_tr^irig, boat 1 ing, clr,retailing alcoholic beverages sha11 "026 Z 1rr' Ifto obtairs the license hereinafter more specifically prescribed and shall pay therefor the license taxes hereinafter assessed. 0 C, C, Sec.--}2-59--bdho�esa}ers- -----fa}--bdho}esa}e-beer-}reenses--shad}-etathorrze-the--}rcensees to-acq+t•tie-etnef-receive--eie}rveri•ee-ena-ahrpments--of -beer-�tnet--ten se}}-and-de}fiver-or--ship-the-same-i-n--boric}s,--bottles-or--other c}osed-contarners- -----•Eb}--bdho}esa}e-wine-}rcenses--sha}}-authorize-the--}rcensees try-acquire-and-recerye--de}iverYes-and-shipments--of-beer-and--to se}}-and-de}fiver-or--ship-the-setme-rn--berre}s,--bctt}es-cr--other c}osed-containers- -----Ec}--bdho}esa}e--cfraggists'--}Ycenses--sha}}--authorire --- the }icensees-to-bup-a}coho}-and-se}}-end-de}fiver-or-ship-the-slime-to druggYsta-for-the-purpose-of--compounding-and-rear}e- ---_- fd}---Each-}icensee-under--this-secti-�+n-she}}--•pe��-en--ennn�ti }Ycensr_-tax-of-tr-n-dr,}}ar-s- --- --fe} - -In- impostng-who}esa}e-merchants'--i•i•cense-taxes -measured b,+--purchases-ender-anq-other--sr_ction-of-this-chepter,--there-shot}i be-rnc}tended-a}coha}ic--br�rerege�s -rn-the--betee�-far-memsttring--etcch }icense-taxes--the--same--as--if--the--a}coho}ic--beverages--were noria•�coho•�Yc� -and-no-L'��'cO�"try}'Y'c"-}Ycen�Se-}e'7Yed-ttnder-t�'TY�S--�ectYOn sha}�-be-construed-as-exempting--an,-}icensee-from-anp--who}esa}e merchants'-- }icense--tuxes:----Stench--when}e-sale--merchants '---}imense taxes-shot}}-be-in-addition-to-the-a}coho}ic-beverage-taxes-}cured hereq: Sec. 12-59. Reserved. C, O C, Sec.--iS-bS: -Same--F+ersons-issued-vermits-for-st-n�ei•e-eaerit-sit}es: ------Everp--person--isat�ed--a--permit--bp--the--dirginia---A}coho•tic beverage-Sontroi ---Soard--f or--the-purpose---of--se•t•ting--a}coho}ic beveragee --at-a•-banquets-picnic;-outing-or-other-social--gathering she}}-pap-••a--}icense-tar.-of-five-do}3are-per-event- sec. 1. -E Reserved. 0027 2� M Sec. 12-67. Restaurants --Amount of license tax. (a) Every person engaged in the business of operating restaurants, including restaurants located on the premises and operated by hotels or motels, and serving mixed alcoholic beverages and licensed under Ehapter-98-+8 Chapter 1.1 of Title 4 of the Code of Virginia, shall pay an annual license tax as follows: 0 0 0 Article V 1 . Am ulement s. Division_ 1 Amusement Parks, Gardens or Buildings, Athletic Fields and Parks, Coliseums, Auditoriums and Night C Mbs Sec. 12-70. Tax on owner and operat o r. Every person owning and operating an amusement park, garden, athletic field or park, coliseum and auditorium devoted to general amusement and entertainment which is open to the public and where admission charges are made and where a professional basketball, baseball or., football game is conducted 0r where a motion picture, ballet, play, drama, lecture, monologue, comedy, musical review, musical show or concert is exhibited or, conducted, where an instrumental or vocal concert or a concert presenting both instrumental and vocal music is conducted by another or Tethers, where there is presented or conducted a public show, exhibition 0r performance of any kind, where there is operated an aggregation of ferris wheels, toboggans, ring or cane games, baby, knife or cane racks, shooting galleries, merry-go-rounds, hobbyhorses or carousels or where dancing is permitted t0 which an admission fee is charged or for which compensation is in any manner received either directly or indirectly for the privilege of dancing, there shall be a license tax of twenty hundredths of one per centum of the gross receipts. Sec. 1 -71.Tax a romot er genera 1 l y'. Every person presenting a motion picture, ballet, drama, lecture, monologue, comedy, musical review, musical show or concert or an instrumental or vocal concert or a concert of both instrumental and vocal music or presenting a public show, exhibition or performance of any kind or operating a merry-go-round, hobbyhorse, carousel or the like or conducting a public dance shall pay a license tax 0f taocritp-de}��tra-�tnd twenty hundredths 0f one per cent um � �f the gross receipts. 002,9 Z3 Sec. 1 72Payments to charity deductible from grass receipta for purpose= of two preceding sections. So much of the gross the two preceding sections a religious, charitable o county as a contribution t of using its name and not of an expense in connectit shall be deducted from the the basis for license tax Sec. 1'-77. Same --Bond. receipts of any taxpayer taxable under as is paid by the taxpayer directly to r benevolent organization arthrn--the o that organization for the privilege as reimbursement to that organization �n with the business license hereunder gross receipts or charges in computing ems-. under the two preceding sections. 0 0 o Before any such temporary or transient amusement or, entertainment shall begin operation and before any license shall be issued therefor, if a license is required, the person operating it shall deposit with the treasurer a sum Of money or in lieu thereof a bond with corporate surety gr a letter of credit conditioned upon the faithful compliance with the preceding section and in form approved by the county attorney an amount to be estimated by the treasurer commissioner of reven�_�e as sufficient to cover-' the license tax required to be collected, which money or bonds shall be security for the payment to the county of the license tax at the conclusion of such transitory or transient operation in the county. If such person shall fail within five days from the termination of the operation of the amusement or entertainment to report the amount of gross receipts collected, the treasurer Commissionerof revenue shall thereupon respectve�y-charge-etrtiet assess such person with the charges taxes computed upon the basis of the best information available and the treasurer shall proceed to collect the taxes out of the deposit or., by the virtue of the bond and by every other lawful means. Sec_1281 n UTQ permit required.._ No license shall be granted under the provisions of this division for an amusement until the lot to be used for the exhibition or., show shall have been given a use permit by the board of zoning appeals or the board o f supervisors to the owner of such lot: for the purpose of use by a carnival, circus, circus menagerie, wild west, trained animal, dog, pony or like show. 0029 Eon Sec 12-82Deposit to insure cleaning premises. No license shall be granted under this division until the operator of such carnival, circus, circus menagerie, wild west, trained animal, dog, pony or like show shall have deposited with the treasurer sufficient funds in United States currency as determined by the county's director of general services, to be used by him the county to clean and put in order the lot or street occupied by the carnival, circus, circus menagerie, wild west, trained animal, dog, pony or like show after it has moved or to be returned to the person when the lot or street has been cleaned and put in order by the person in a manner satisfactory to the tressnrer director of general services. o a o Sec--i�-94--Hesictr+aticn-af-Qi�tcc-cf-b�esiness- -----Eacrq-iiccrisc--issaed---artidcr--this--artrcfc--ahRfi--bc--mood thraaghcnt-the-coaritq- Sec. 12-94. Reserved._ Sec. 12-98 Ded uct i n of receipts taxed by another city, town_ or county. In computing the license tax of a contractor, electrical contractor, plumbing or steamfitting contractor or building wrecker whose principal office or branch office is located in the county, there shall be exempt from the basis of taxation the amount of business done in any other city, town or county upon which a local license tax has been assessed as provided in the Cede of Virginia, section 58-299 8. 1-3115. 0 o 0 Sc�:=i��iE+�►:-H�tcf•-inn-�cr-ioef�trnahcrese-nf-more-them-ten-bcdroomc deemcei-hotef: -_-_-Eaerq-persorti-whc-keeps-R-p+tbiic-rnn-er-}ce}grrtghaase-nr--mare than-tcr�-fi8}-bcctroomc-a�hcre--trRncient-g►_tests-ere-feet-cr--}r+dgea f nr-paq--in-the--conntq-shetii--be!--decmeei-to--be-engetge!d--irt--the bnsrncsc--ry f-keep 'rr+g-et-hate}---A---tretnsient-gncst-is-one-arhh--pros r_ep-for-iec�s-than--te-week-eet--a+xeht-hctei;-bc�t-cctch--c-hctcsc-rc--rtio 0030 `rlo }ess-a-hctc}-becaase-some-af-its-gaests-pat-ap-far-}c»gcr-periods tha»-a-week: Sec. 12-1 U4.Reserved. See.--42-4H5 -Same-Amca»t-of-tax- -----Evcrq-perscn--cperati»g--sach--et-hcte}--as--defi»ed--i•»--the preceding-section-sha}}-pay--an-a»»aa}-}icense--tax-egaa}-tc--ten dt,}}ars-{$iH-�H}-and--twe»tq-ha»dredths-cf--c»e-percentam-cf--the gross-receipts--in-excess--af-te»--thoasand-do}}ars--{�i•H;HHB-HN} from-the-bnatnecc,--except-reeerptc-from-to}epha»e-cerdice-etnd-ace a»d-except-re»t-fram-stores-or-ether-space-operated-indeperidc»t}y cn-groarid-}eve}-w•sth-catside-entranee- Sec. 12-105. Reserved. Sec:-ie-iN6--Restaara»t--soda-fcantai»--etc: -----Every-persc»-engaged-i»-the-baci-neec-cf-cperRti»g-Rn--ectr»g hcase,--a-}a»ch-stand,--}anchrocm;--restaara»t-cr-wade-faa»tarn--cr --offer-far--sa}c,--cock-cr--ctheroorce-far»rch--fcr ccmpensatic»,--diet;-feed-cr-refreshme»ts-cf-a»y-kind-at-his-beast or-p}ace--of--baseness-fcr--cc»samptic»--therein-sha}}--obtaYn--a }rcense-for--the-pYer}cge--cf-dci-»g-•-bate»etc-i-n--the-ccnntp--�tnd sha}}-pay-a-}+tense- -taw -there for -egaa}---to-ten-dc}}are--f$}d-HH} a»d-tweritp-handredths-of-one-per-centaur-of-the-gross-receipts--in excess-of-f+fty-thcasa»d-do}}ars-{ASH; HH�-HH}-from-the--baseness:' Every -}+tense-+ssaed-to-sach-person-sha}}-aathcr+re-the--}rcensee to--se}},---offer--fcr--sa}e;---cook--ar--otherwise--farnish--- for ecmperisatio»-at-rotor•}--cn}q-a»d--»ot-fcr-resa}e;--diet,--food--cr refreshments-cr-any-kind-at-the-hhose-ar-p}ace-cf-basiriess-cf-the }ice»see-for-consamptic»-thercrn,--and-a-separate-}ice»se-sha}}-be repaired-for-each-hhose-cr-defi»+te-p}ace-of-basrriess- Sec. 12-106. Reserved. See:-#2-#H�: -}carist-home-Amcarit-of-taxes -----Every-perscn--cperating-a--private-home--where-one--to--nine bedrooms-are--f arnishcd--tc--tar_crists--fcr-compensation---sha}f•--be sob ect-tc-a-ficensc-tax-of-ten--do}}are--*$iN: EjH}- Sec. 12-1 07. Reserved . See:-42-fE3A--SaMe-Re�ta«trarit--iYcerieC-tax--aRQ}+cab}e-wheri--Mea}� farn+shen- ---•--}f-urea}s-are--frtrnrshed-by--each-a-persc»--to-persone--ether than-those-tc-whom-bcdreoms--are-a}so-farriished-for--ccmpensaticri cr-if-mea}s-are -furnished-tc-those-who-are-furnished-bcdreoms-and ari-additio»a}-charge-rs-made-fcr-sach-mews;--then -in-acid it+cri--tc the-aboae--}+tense--tax--there-sha}}-.-be--assessed--a--restaararit }+cerise-tax--for-the--grass-receipts--of-the--baseness-from--sach 0031 4C NOW Iftwo meet}s,--me}adrng-the-e�ddrtronet}-che<rge�-for-meet}a-farnrehed-those to-athom-bedrooms-ere-et}eo-f arnrehed- Sec. 12-148. Reserved. See--}S-}89--Hee<}th-certrfrcerte-prercareserte-to-ie�aQnce- -----Anp-person-e�pp}grng-for-e--}'rcenee-paraaetnt-to-thie--etrtre}e ehe}�•-prevent-e�--earrcnt-certrfreette--or-permit--from-the--coantq beet}th-de pe<rtmcnt-eertif grng-them-he-here-eomp}red-atrth-et}}-of -the t�pp}rcecb}e--regarremente---of --- the --- health --- department- ---- The commresToner-of-the--re�renae-eha}}-not--reeae-a-baarnees--}rcene3e anti}-each-perm•rt-or-certrfrcate-ra-preeented� Sec. 12-109. Reserved. 0 o c, Sec. 12-1 16. Comm i sa 1 on merchants. Every person who receives or distributes food products, cotton, flour, hay, grain, provisions, dry goods, merchandise, or ether commodities shipped to him for distribution can account of the shipper, who participates in the profits ensuing from or accruing out of the sale of such commodities or who invoices such sales or collects money t heref� �r , every person buying or selling for another any kind of merchandise or commodities, on commission, except associations or organizations of farmers for mutual help in the marketing of their produce and not for profit and every person who sells any personal property which may be left with or consigned to him for sale on commission shall pay a license tax equal to twenty dollars ($20.00) for all gross commission below five thousand five hundred fifty-six dollars ($5, 556. CCU), and thirty-six hundredths of one per centum of the gross commission of the business above five thousand five hundred and fifty-six dollars ($5,556.00). The--prnaterons--of--thrs Rectron-aha}}-not-app}q-to--anq-person-who;-on-commi-eeron,--•-ee}}s merehnneftse--hq--vamp}e;---crrr_a}ar--or---carve}ogae;--oahere-_._the merchant}ise-eabaegaent}q-•-de}rvered-re---not-sump}ea;--veho-hers--nc office,--drsp}aq-room;-store-or--other-merchetndrse-rn-bra--castodq nr-poseeesron-or-ande!r--hrs-•contro}-at-anq-•-ti-me-darrng-the--geetr vend-oaho-emp}r_,qs--no--person: 0 0 ii Sec. 12-118. Amy unt of license tax. For every license issued to a person engaged in the business of a retailer merchant, the amount of license tax to be paid therefor shall be equal to ter•. dollars ($10. UU) for all gross 0032 Z receipts below five thousand dollars ($5, 000. UCH) and twenty hundredths of one per centum of the grass receipts of the business in excess of five thousand dollars ($5, sera. GCS) . Sec 12-119 Applicability 2f division to manufacturers. A}}-gccas,--aRres--erred-merehetnefr�e-mRnafe�etareef--bp-et--retRi•} merchant-erne!-ea}d--era-merehanefrse-shot}�--be-ecnsr�tereef-ers--sa}es; prcviciee},--thRt-thre-efi-aiai-cn-masher}}--not-be-ccnetrneef-tta--etpp}ping tc-mernnf erct+trere--aahc-ae}�--cr-ef f rr--far-ae}e--et-the--p}e�ce--af meennferettrre-gceela,--acres-ernr�-merehe�ne}i•ee-me�n�xfrrtetnreef-by-them.---A man<cfactnrer-metq,--airthcnt--et-retRr}-merchant'-s--}icense,--se}}--�tt the--pfacc--cf--mannferctnre~-the~-gccr#s,---wares--ernet--merch�tnefrse manKfactttrect~by--hrm- If a manufacturer desires to sell at a r�eftnste-p}etce-cr-stare--�+ther-them the place of manufacture at retail only and not for resale the goads, wares and merchandise manufactured by him, then such manufacturer must take out a retail merchant's license. When a manufacturer- establishes a place or store for the sale of his goods, wares and merchandise, ether-them-ett-hre--p}erce-'+f-metnctf etctctre,- at retail only and not for resale, the gross receipts of the business shall include not only the amount of sales made by such manufacturer of goods, wares and merchandise purchased from others, but also the gross receipts from the sales of the goods, wares and merchandise manufactured by h i m erncf-sent-frr+m-the-p}ace-r+f-mnnccferctare-to-hr� stcrc-for-eee}e and sold at retail; and he is required to report as hereinafter provided, not only the amount of sales of goods, wares and merchandise purchased by him from others and sold, but also, the amount of sales of goods, wares and merchandise manufactured by him either within or without the county and offered for sale by him and sold at his store or definite place in this county other-than-the-p3Rcc-of-mernnfaetnre. 0 Sec. 12-121! C mp��tat i� n f 1 icense for beginner. For the purpose of ascertaining the tag: to be paid by a retail merchant beginning business, he shall estimate the gross receipts of the business which he will receive between the date of beginning business and the end of the then current license year, including an estimate of the sales of goods, wares and merchandise manufactured by him to be offered for sale at the place at which he conducts his business as a retail merchant; pra7rr�ed,-- that--such-p}ztce-ts--not-the-p}etee-~cf mannfsrture; and his beginner's tax shall be computed or, the basis of his gross receipts o ascertained subject to correction after the close of the license year upon the basis of his actual sales, rJ 433 OYS M Sec--�;_-#•��--Hedacticn-cf-freight-paid-from-gross-recerpta- -----�•f-the-freight-peril-by-et-retell-merchant-art-enq--merehe�rtdi�e cold-bq-him-ahaii-exceed-twentq-five-per-centaur-af-the-price-paid bq-him-f cr--thr_ -artrc}e--rteeif,--the--emcctnt-cf--aach-frerghrt--i'rt exceea-cf-tvoentq-five--per-centaur--cf-the-p�trcha�e--price-cf--the merchandree--paid--bp--the--merchant--ahai�•--be--eiimineted--from ccneideraticn-in-aacertainrng-the-amannt-cf-�aie�-cf-artch--retail merchant-ee-a-pert-af-the-grace-recerpta-cf-the-bnaineae� Sec. 12-122. Reserved. Sec. 12-123. Special license for c 1 os i ng gut business. If, after- the close of the year for which the license is issued, the retail merchant, shcnid-elect elects not to renew it but desires the privilege to sell whatever goods, wares and merchandise he may have on hand at the time, it may be lawful for him to do so upon obtaining a license and the payment of a license tax therefor measured by the retail sale value of such goods, wares and merchandise, which value he shall estimate and report to the commissioner-' of the revenue; provided, however, that no additional purchases are made and added to the goods, wares and merchandise on hand after the estimate has been made; and, provided further, that no such license shall be assigned or transferred. 0 0 Sec, 12--18. Amount of tax. For every license issued to a person engaged in business of a wholesale merchant the amount � �f license tax to be paid therefor shall be equal to twenty-five dollars on the amoynt of r�Ghases �_ip tc25,Q0tr thr-c�_i I��tt_the Precedinr� calendarLrear and ten cents on every one hundred dollars of the amount of purchases throughout: the them -newt preceding calendar year. Sec. 1 =-129. ".Purchases" defined. The word ''purchases" as used in this division shall be construed to include all goods, wares and merchandise received for sale at each definite place of business of every wholesale merchant articl-�herfi-+"act-be--c'"'ri"traed-tc-excnde-ertiq-gccde;--ovetree Bend-merchetr�d•ree-atherwtee--ecmi'�"�t�-ovtthi'n-t'he-meentng-cf -the--avcrcl . All goods, wares-., and merchandise manufactured by a wholesale merchant and sold or offered for sale as merchandise shall be considered as purchases within the meaning of this section; pro,,�•ided, that this section shall not be construed to apply to manufacturers who offer for sale !at wholesale. at the place Of manufacture goods, wares and merchandise manufactured by t'3he m, but such manufacturer may, without a wholesale merchant's license, sell at the place of manufacture the goads, wares and merchandise manufactured by him. If a manufacturer desires to sell at a definite place or stare, other than the place of manufacture, to others for resale or to institutional, commercial or industrial users the goods, wares and merchandise manufactured by him, then such manufacturer must take out a wholesale merchant's license. When a manufacturer establishes a place or store for the sale of his goods, wares and merchandise, other than at his place of manufacture, to others for resale, the amount of the license tax is to be measured not only by the amount of purchases made by such manufacturer from others, if any, but. also by the goods, wares and merchandise manufactured by him and sent from the place of manufacture to his store for sale, if any; and he is required to report, as hereinafter provided, not only the amount of goads, wares and merchandise purchased by him from others and offered for resale, but also the amount of goods, wares and merchandise manufactured by him either within or without the county and offered for sale by him at his store or definite place in this county, other than the place of manufacture. The ward "purchases" as used in this division in relation to the purchase price � �f goods, wares and merchandise sold by a manufacturer at a place of business other than the place of manufacture shall be the cost of manufacturing such goods, wares and merchandise together with the factory mark-up and overhead. Sec. 1 ::- 1 32 ComPut a+ i On of t a *: for beginner or person no i n business for full Dreced i ng Year. (a) For the purpose of ascertaining the tax to be paid by a wholesale merchant beginning business, his purchases shall be considered to be the amount of goods, wares and merchandise bought to commence business Withl including goodsl wares and merchandise manufactured by him to be offered for sale at the place at which he conducts his business as a wholesale merchant, provided such place is not the place of manufacture; also including an estimate Of purchases Which the wholesale merchant will make between the date of �1-rc--rs�*�cr�rfce--nf--hiR--�tcer+sc beginning bus_inesG, and the end of the current license year and including an estimate of the amount of goods, wares and merchandise manufactured by him to be offered for sale at the place at which he conducts his business as a wholesale merchant, provided such place is not the place of manufacture; and his beginner's license tax shall be computed upon the basis of the purchases so ascertained subject to correction after the close of the year upon the basis of his actual, purchases. 0035 Sec }S#•36---Additionei-}iceriee--nct-reaaired--fcr--etma}tRnecae ae}e-grid-de}cvery-et-other-them-Q}epee-cf-ba�trie�a- -----A-vaho}eee�ie--mercht�nt--►vho-here--been--da}p-}tcer�3ed--bp--the ccttntp-mt�q,--other-than-eat-e-definite-p}t�ce-cf-basir+e��,--�e}}--etnef de}rver-eat-the-aetme--time-tc-}icenaed--deer}ere-cr-retei}ere,---bat not-tc-ccnaamera,--e�ngaohere-iri-the-ecantq,--pithcat-the-pt�gmerit--cf etrip-etdditicnet}-}ieenee-te�x-cf-etrip-find-for-each-privi}ege-tc--the ccnntp,--anieae-ctherwiee-provided-bp-}ecov- Sec. 120136. - Reserved-- 0 0 0 Sec--42-#•6�--Same-�edacticri•-from-sxroe•-receiQta-rri-compatinQ-te�x arider-roar+-precedrnc�-eecttcne- _---_there-eher}}-be-ded«tcted-etnp-attm--peid-bp-each-pereon-to--the cryant p-Re--merchnnt'-e---iicenee--tRx--from--the--etmcnnt--cf--groae receipt s-oaken-competing-the-emc�rnt-cf-groea-receipts-eye--rec{aired bp-the-two+--�S�--prr_ccidng--eectrryne:--�=t"re-Rmannt--p�tiel-for--mhtcr �rehicie-}•rcense-te�x-eh�tii-nryt-be--eoneietereei--ere-dednctrbie- Sec. 12-162. Reserved, Division 1. Generally Sec. 1 c-16S. Repealed by ordinance adopted 9-1 2-84, s R. Sec. 12-170Reps art of sales. Any person engaged in the business of selling pistols and revolvers to the public shall furnish the c_•lerk of the circuit court of the county, within ten (10) days after- sale of such weapon, with the name and address of the purchaser, the date of purchase, and the number, make and calibre of the weapon sold. The clerk shall keep a record of the reports. Division 2. Air Guns, Etc. Definitions. The following words and phrases, when used in this division, shall have the meanings respectively ascribed to them in this section: O_i rq tr'• Any gun, rifle or pistol, by whatever name known, which is designed to expel a projectile by the action of the 00,7 compressed air or gas, or by but does not mean a firearm. the action of a spring or elastic, Dealer. Any person engaged in the business of selling, renting, lending or otherwise transferring airguns, projectiles, pistols, revolvers or rifles. Minor. Any person under the age of eighteen (18) years. Projectile. A fired, thrown or otherwise projected !abject, such as a bullet, having no capacity for self propulsion. Secs. 12-172-12. 175. Repealed by ordinance adopted 9-12-841 s 2. Sec 1 2-17t, Minors -Dealers, etc., not to sell, etc. , t It shall be unlawful for any licensed dealer to sell, lend, rent or otherwise transfer an air gun or projectiles therefor to any person whom the dealer knows or has reasonable cause to believe to be a minor. Sec 12-177. Same -Giving, lending, etc. , to It shall be unlawful for any person to give, sell, rent or-, otherwise transfer any air gun or projectiles therefore to a minor-, except where the relationship of parent or child, guardian and ward or adult instructor and pupil exists between such person and the minor. Sec: -}�-# 79:-lWcdrerne-eertetcrs: ------Ear_ rp--perscn--who---se}}s--erf--resteri-}--eirr�et--t�+--ecrrsrtmers medrernes,--tor,re-�s-or-Ise,}t-ht-Epp}•s�nces,--a�hrr_t•her-emp}npe�}-bp-cr--e� membr_r-af--ernp--firm;--pe�rtner4l-rsP;---nssoerr_tt•r?-�n--or--r_ryrpnre�t�i-cr; rngr�grr}-in--such-b«tsirrese•--or-rrct; --Sher}}-p�Y-`-�-}tePnse--tern,--of to-�ent�-fr�re-do}}errs•-+�+��;, HH3---per--e�nnMm:--�he�--prc�r�:tnrti�s-r_+f--th�i-M. sr�ctt�+n--shy}3---rrnt_.._r<pp3-q---to--dn�p--rrgirttered--err-rci__.-3icen*�ed pherrme�crst•F-engergec!-i•n-the--dreg_ bn�i-ncs�-i-n-thy-eonnfga LICENSES.TXT A BOARD OF SUPERVISORS G. H. APPLEGATE, CHAIRMAN CLOVER HILL DISTRICT MAURICE B. SULLIVAN, VICE CHAIRMAN MIDLOTHIAN DISTRICT C. F. CURRIN, JR. BERMUDA DISTRICT HARRY G. DANIEL DALE DISTRICT JESSE J. MAYES MATOACA DISTRICT CHESTERFIELD COUNT P.O. Box 40 CHESTERFIELD, VIRGINIA 23832-0040 TO: Progress Index FROM: Chesterfield County Board of Supervisors DATE: September 1, 1988 SUBJECT: Meetings and Coming Events One (1) time, Wednesday, September 21, 1988 One (1) time, Wednesday, September 28, 1988 LANE B. RAMSEY COUNTY ADMINISTRATOR Please confirm by calling the Clerk to the Board of Supervisors Office at 748-1200. Joan S. Dolezal Clerk to the Board of Su rvisors tmp Attachment ,BOARD CHESTERFIELD COUNPO OF SUPERVISORS P.O. BOX 40 • CHESTERFIELD, VIRGINIA 23832-0040 G. H. APPLEGATE, CHAIRMAN CLOVER HILL DISTRICT MAURICE B. SULLIVAN, VICE CHAIRMAN MIDLOTHIAN DISTRICT C. F. CURRIN, JR. BERMUDA DISTRICT HARRY G. DANIEL DALE DISTRICT JESSE J. MAYES MATOACA DISTRICT MEMORANDUM TO: Richmond News Leader FROM: Chesterfield County Board of Supervisors DATE: September 1, 1988 SUBJECT: Meetings and Coming Events One (1) time, Wednesday, September 21, 1988 One (1) time, Wednesday, September 28, 1988 LANE B. RAMSEY COUNTY ADMINISTRATOR Please confirm by calling the Clerk to the Board of Supervisors Office at 748-1200. Joan S. Do -lei -al Clerk to the Board of S visors tmp Attachment cm M TARE NOTICE Take notice that the Board of Supervisors of Chesterfield County, Virginia, at a regular meeting on October 12, 1988 at 7:00 p.m. in the County Board Room at Chesterfield Courthouse, Chesterfield, Virginia, will hold a public hearing to consider an ordinance to amend the Code of the County of Chesterfield, 1978, as amended, by amending and reenacting Chapter 12 relating to business license taxes. Copies of the ordinance are on file in the County Administrator's Office, Chesterfield, Virginia, and may be examined by all interested persons between the hours of 8:30 a.m. to 5:00 p.m., Monday through Friday. �~� Richmond �~- Newspapers, ���»~ JKx wN_ ° An Affiliate of Media General P.O.BOX C'32333 R|CHyNOND'V|RG|NIA 23293f0001 804-649-6000 COUNTY OF CHESTERFIELD BOARD SUPERVISORS ATT: JOAN DOLEZAL P O BOX 40 CHESTERFIELD, VA 23832 In LEGAL CLASSIFIED I CHARGES -F— TOTAL DATE I CODEJ DESCRIPTION RATE I LINES # OF RUN REDITS I INCHES I AMOUNT 21SEP88 E LEGAL NOTICE 21 2 WHEN REMITTING PLEASE REFER TO YOUR CUSTOMER # 220806 105.42 rt isrin big 9 ro sr re .. L. u % CASH DISCOUNT /pPAID om OR BEFORE 1nmoFTHE SUCCEEDING MONTH. woDISCOUNT ALLOWED THEREAFTER. ro 05 —".17. 11 CX EVENINGS AND SUNDAY 15 FRANKLIN ST , PETERSBURG, VIRGINIA 23804 (804) 732:3456 AD COPY i i fk DATE: Y �� 02 ACCOUNT: 0'hu-' t 1, c1 Q ( d 0 C) RE:' j ()04 cL la bus;ness (• C -egse Dates Published: arjAin )ka .- 21 9 K 19 g� 3. 9 Inches UGJ ¢ per inch $ ,S -G Q' TAKE NOTICE Take notice that the Board t10 a Uolmty,. VtrMa, at a regniar meeting, on Oc- ttoobbeer I2, M. at 7:00 p.m. in the County Board Room at Chesterfield Court - Chesterfield, Vir*lnta, and may be, examined by aI1�.� , tvtl�een` a Kibars 'of 8<30 a.m. to 5:00 p.m.; Moi:day' through �i2i„28�198a CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: October 12, 1988 ITEM NUMBER: 13.A. SUBJECT Building Appropriation - Richmond Regional Planning District Commission COUNTY ADMINISTRATOR'S COMMENTS: Awl oYJ�Z SUMMARY OF INFORMATION : The Richmond Regional Planning District Commission's (RRPDC) offices are presently located in a building recently acquired by the State of Virginia. The RRPDC will have to relocate its facilities. The Building Committee of the RRPDC has recommended that the Commission purchase a building at an estimated cost of $770,000; the Commission has indicated its support of the Building Committee's recommendation. The funding for this acquisition would be apportioned to member jurisdictions based on population. Chesterfield County's share of the building acquisition cost is $205,049.70. RECOMMENDATION: It is recommended that the Board of Supervisors appropriate $205,049.70 as its pro rata share of the cost to acquire offices for the Richmond Regional Planning District Commission. The source of funds would be Fund Balance. ATTACHMENTS: YES O NO 0 PREPARED BY: Richard F. Sale Deputy County Administrator SIGNATURE: t%3 COUNTY ADMINISTRATOR richmon regional planning district commission 2201 west broad street, nchmoncNirginia 23220 (804) 358-3684 MEMORANDUM TO: Harry G. Daniel �// Geoffrey H. Applegate FROM: John P. Kidd Executive Director DATE: September 20, 1988 SUBJECT: 1v'ew Building Would it be possible for your Board of Supervisors to take an official action similar to the one just taken in Powhatan County, committing the County to pay for the new RRPDC Building up to a maximum amount? The maximum amount for Chesterfield County at a $770,000 purchase price would be $205,049.70. Many thanks. JPK/kes J 14 town of ashland; counties of charles city, chesterfield; goochland; hanover; henrico; new kent; powhatan; city of richmond richmond regional planning district commission I2201 west broad street, nchmond virginia 2s220 (804) 3s8-368a MEMORANDUM TO: Executive Committee Richmond Regional Planning District Commission FROM: John P. Kidd, AICP Executive Director DATE: September 16, 1988 SUBJECT: Action of Powhatan County Regarding New RRPDC Building Financing The Powhatan County Board of Supervisors has formally approved that county's participation in the "up front" purchase of a new office building for Richmond Regional Planning District commission. JPK/kes Cc: Walter D. Wood Geoffrey H. Applegate Anthony P. Mehfoud town of ashland; counties of charles city, chesterfield; goochlond; hanover; henrico; new kent; powhatan; city of richmond v OF P O VVyq T G° 3' COUNTY ADMINISTRATOR ' ,, BOARD OF SUPERVISORS W R BRITTON, JR. + j9 ROBERT R. COSBY, CHAIRMAN �� KKc7•jt�JR� ELWOOD C. MAY, VICE CHAIRMAN it PAUL N ADKINS �t R LEE WARE ROSCOE L. TIMBERLAKE September 13, 1988 Mr. John P. Kidd, AICP Executive Director Richmond Regional Planning District Commission 2201 West Board Street Richmond, Virginia 23220 Dear John: At the regular scheduled meeting of the Powhatan County Board of Supervisors, held September 12, 1988, the Board unanimously (4-0) approved for Powhatan County to paticipate in Richmond Regional negotiation for an office complex. The maximum amount of Powhatan County's participation is"'n'dt to exceed $16,682.60. Please stay in contact with Rowhatan County and keep us informed of how the negotiations are proceding so that additional action may be taken for financing this matter when and if necessary. Very truly yours, CG/.�• W. R. Britton, Jr. County Administrator WRBjr/nlm n %P 151988 P.O. BOX 215 9 POWHATAN, VIRGINIA 23139 • TELEPHONE 804-598-5611 CHESTERFIELD COUNTY MEETING DATE: October 12, 1988 SUBJECT: BOARD OF SUPERVISORS AGENDA ITEM NUMBER: 13.c. APPROPRIATION OF FUNDS FOR ADDITIONAL COMPENSATION OF POLL WORKERS COUNTY A-D_MI-N/ISTRATOR',S�, COMMENTS: �� ��� J�QCOYZ, CL �J% �Gv `"l , h� 67t SUMMARY OF INFORMATION: The Chesterfield County Electoral Board requests additional funding of $5,500 to increase the. compensation of chief election officials and workers. The FY 1989 budget did not provide any change in compensation for poll workers beyond the current $60 for chief election workers and $55 for election officials. The attached survey references the fact that the County rates are lower than comparable localities. The Electoral Board recommends increasing rates to $80 for chief election officials and $65 for election workers. This action will make the County comparable to Henrico County. The source of funds for this transaction will be unappropriated General Fund balance funds. (continued) PREPARED BY: -�SA ATTACHMENTS: YES 19 NO ❑ SIGNATURE: 0640 COUNtY ADMINISTRATOR - e w Appropriation of Funds for Additional Compensation of Poll Workers October 12, 1988 Page 2 RECOMMENDATION Appropriate $5,500 from the General Fund Balance to the County Registrar for purpose of increasing compensation of chief election officials and workers. BUDGET AND MANAGEMENT COMMENTS This action will reduce general fund balance by $5,500. J rnes J. L.(�tegmaier, Director /dget & Management Department BSH.ajc.agen60. Attachment - Election Workers Compensation Survey DO 00 C C •+ b v w a a w w C au+ r4 to o Ln �3 �o A.in' N N 1 Nl C4 v M v 01 O � "' w M 8 LM 1n a► � y 0 N n N N 8 H 00 00 C G C "4 • a d O b eO�1 n Ty P. y N 10 N oil � N N 8 00 CIO r_ P4 .1dH ,.mod M a p u w w 4 �► r. H "4 N p N tW� a y h toN N w 00 � v w a v a w w '4 A. {. C O O A. Go N • O n LA , ao N N F a N N' 00 ♦r +1 vd .0 v a w a p O O 'O +mod 4i C e u w w a s 0 0 p p a w N N N A N a C WC 0 41 6 tn yy' N -4-rn d Aj U �W m w a ~ bo b •.d -.4 � 41 m M a1 cd C C u w M W O O rl N W a-1 ar u M w W �.1 'CJ N C O 4 to 1+ r✓1 N W w Loy � 6 d ►x9. 7 ~ C M � w � i a C d v � 4 41 � C ,g N 0a0 61 p. 1 o y P �] 41 61 co a1 04 a a C N C 01 a C .+ 'A 1 N >% '' o p�p u 00 CJ C v ar a "4 N .� 3 ywq1 � u i C a w a w ��042 pN C S H r4 N ' CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: October 12, 1988 ITEM NUMBER: 13, D. SUBJECT School Board Participation in the 1988-89 Governor's Educational Technology Initiative COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION; The 1988 General Assembly endorsed technology recommendations of the Commission on Excellence in Education by approving an equipment procurement and financing program for the acquisition of various electronic equipment for schools. In addition, Senate Bill Number 113 amends the Code _-_o_f___V_ir_ginia to establish the electronic classroom statewide by July 1, 1990. The Virginia Department of Education and the Office of the Secretary of Education, in cooperation with the Department of the Treasury, Department of Planning and°Budget, Department of General Services, Department of Information Technology, and the Five -Year Plan Technology Steering Committee, requests the Chesterfield County School Board and the Chesterfield County Board of Supervisors to commit participation in the 1988-89 Governor's Educational Technology Initiative: Procurement and Financing Program. The equipment funding of approximately $352,200 for Chesterfield County Public Schools includes 8 satellite dishes and other related equipment for the high schools, 196 Apple computers and 47 printers for the middle schools (6th grade). PREPARED BY: 2tiz Ralph L. Westbay Assistant Supt. of Finance ATTACHMENTS: YES ® NO O SIGNATURE: 6>w 0043 COUNT ADMINISTRATOR Board of Supervisors October 12, 1988 Page 2 Attachment A is a memorandum of agreement which presents the details of the funding approach. The General Assembly has appropriated sufficient funds to pay the debt service through June 30, 1990. It will require action in future General Assembly sessions to continue the funding beyond June 30, 1990. If future General Assembly actions do not maintain the appropriations for this debt service, that could translate into approximately $85,000 per year for four years for Chesterfield County Public Schools. Funding of this amount could be included in the operating fund in lieu of capital outlays, if necessary. The locality also has until November 1, 1988 to withdraw from the financing program. Attachment B is the School Board's resolution authorizing the Superintendent to sign the Memorandum of Agreement on behalf of the Chesterfield County School Board. Attachment C is a sample resolution for the Board of Supervisors to authorize participation in the Governor's Educational Technology Initiative Procurement and Financing Program. Board Action Requested: It is requested that the Board of Supervisors adopt the attached resolution (Attachment C) authorizing participation in this program. ATTACHMENT A PAGE 1 MEMORANDUM OF AGREEMENT BETWEEN VIRGINIA DEPARTMENT OF EDUCATION AND CHESTERFIELD COUNTY SCHOOL DIVISION Subsidized and Non -subsidized Equipment 1. This memorandum, accompanied by a resolution from the school board and governing body and the list of subsidized equipment including any desired changes, authorizes financing and purchase of equipment through the Governor's Educational Technology Initiative. The resolutions and signature of the superintendent of schools binds an agreement between the Virginia Department of Education and Chesterfield County School Division effective November 1, 1988, based on Attachment A or a modification of Attachment A to accompany the signed agreement. 2. Upon receipt of the Memorandum of Agreement, the Virginia Public School Authority will initiate financing procedures and the Department of Education will finalize the 1988-89 equipment purchase allocation based on response to the Agreement. Staff of the VPSA and its bond counsel will begin contacting each participating locality to get their standard meeting schedules for both the governing body and school board. Resolutions authorizing the issuance of the bonds and public hearing notices will be drafted and circulated to the local county administrator or city manager. 3. Upon award of the equipment contracts, scheduled for January, 1989, the VPSA will prepare a formal Bond Sale Agreement, which will include a principal repayment schedule, to be executed by the County Administrator on behalf of the governing body. Simultaneously, notices of public hearings on the local bonds will be published by the localities. Public meetings will then be held, and the resolutions authorizing the sale of the bonds to the VPSA, setting the form and details of the bonds, will be passed by each local governing body. 4. The governing body, on behalf of the school board, will issue five year general obligation bonds in an amount equal to the cost of their equipment, (to include subsidy and non -subsidy eligible equipment purchased) . Because these bonds will be sold to the VPSA, there is no requirement for a referendum to authorize the bonds. 5. The VPSA will sell its bonds and purchase the local bonds. At the time of the VPSA's sale (tentatively scheduled for April, 1989), the VPSA will provide each local unit with its five year repayment schedule. It is anticipated that the first principal and interest payment will be due in October, 1989. it?j4 -) 1 n ATTACHMENT A PAGE 2 6. All bond proceeds will be placed with a central depository bank. As equipment is received, installed and invoiced, the local administrators will requisition funds from the depository with which they will pay the invoices, or the locality may pay the invoices and get reimbursed by the depository. 7. The General Assembly has appropriated sufficient funds to pay all debt service costs for each participating locality, on subsidy eligible equipment, through June 30, 1990. Upon the sale of the bonds, each locality will authorize an assignment of their allocable portion of these funds directly to the VPSA to pay their debt service when due. This way, the funds will be sent directly to the VPSA and the payments will not have to be processed through each locality. However, the subsidy funds will be formally appropriated by the local governing body and the expenditures for debt service payments will be recorded by the appropriate local official. Since the first payment will not occur until sometime around October, 1989, this will not affect the current fiscal year budget. 8. In future years, the Department of Education will inform each locality whether or not the debt service subsidy has been appropriated by the General Assembly and will list the local unit's allocable portion of any such appropriated amounts. Each year the local governing body will assign those funds to the VPSA, as requested by VPSA. 9. While the General Assembly is aware of the multi -year financing, it is alize that it will be issuing its general important that each locality re obligation debt. If, in any future biennium, funds are not appropriated by the General Assembly to pay the debt service, the local unit will be under an obligation to appropriate and make the debt service payments for the remaining part of the five-year term from local sources. AUTHORIZATION Superintendent of Schools DR. E. E. (GENE) DAVIS NAME (PLEASE PRINT) NAME (PLEASE SIGN) DATE County Administrator LANE B. RAMSEY NAME (PLEASE PRINT) NAME (PLEASE IGN) DATE W)V ti fir/ *40 Attachment A STATE SUBSIDIZED HARDWARE Division Name: CHESTERFIELD Estimated total funds for microcomputers/printers: $263,400.00 Estimated total funds for satellite receive dishes: $48,000.00 Estimated total funds for receive classrooms: $40,800.00 Projected total microcomputers: 196 Projected total printers: 47 Eligible number of satellite receive dishes: 8 Eligible number of receive classrooms: 8 Accepted: Accepted with noted modification: Signed: Attachment B II VIRGINIA: At a regular meeting of the Chesterfield County School Board held Tuesday evening, September 27, 1988, at seven -thirty o'clock in the Board Room of the School Administration Building PRESENT: Maria Keritsis, Chairman Jeffrey S. Cribbs, Vice -Chairman Griffin R. Burton William H. Goodwyn, Jr. Jean Copeland On motion of Mr. Burton, seconded by Mrs. Copeland, the Chesterfield County School Board approved the following: WHEREAS the Chesterfield County School Board recognizes the need to expand the learning experiences now available through technology to its students, and WHEREAS the Chesterfield County School Board is eligible for approximately $352,200 in subsidized technological equipment through the Governor's Educational Technology Initiative Procurement and Financing Program, and WHEREAS the Governor's Educational Technology Initiative Procurement and Financing Program provides a vehicle for the purchase and financing of microcomputers, satellite receive dishes and associated equipment at a substantial savings to participating localities, and WHEREAS the Chesterfield County School Board needs the approval of Chesterfield County Board of Supervisors to participate in this program; NOW, THEREFORE BE IT RESOLVED, by the Chesterfield County School Board that it does hereby request that the Chesterfield County Board of Supervisors approve the signing of the Memorandum of Agreement between the County and the Department of Education authorizing participation in the Governor's Educational Technology Initiative Procurement and Financing Program for the purchase and financing of approximately $352,200 of subsidy eligible equipment, and BE IT FURTHER RESOLVED, that the Superintendent, or designee, of the Chesterfield County School Board is hereby authorized to sign the Memorandum of Agreement on behalf of this Board. c lt /� "), Kalph Lt. WeStbay, a a copy teste CHESTERFIELD COUNTY: At the regular meeting of the Board of Supervisors held at the Courthouse on October 12, 1988 at 7:00 p.m. On motion of Mr. Mayes, seconded by Mr. Daniel, the Board adopted the following resolution: WHEREAS, the Chesterfield County Board of Supervisors recognizes Ithe need to expand learning experiences now avail- able through technology to students in the Chesterfield County School Division; and WHEREAS, the Chesterfield County School Board is eligible for approximately $352,200 in subsidized technological equip- ment through the Governor's Educational Technology Initiative Procurement and Financing Program; and WHEREAS, the Governor's Educational Technology Initiative Procurement and Financing Program provides a vehicle for the purchase and financing of microcomputers, satellite and associated equipment at a substantial savings to participating localities; and WHEREAS, the Chesterfield County School Board has re- quested the approval of the Chesterfield County Board of Supervisors to participate in this program. NOW, THEREFORE, BE IT RESOLVED, by the Chesterfield County Board of Supervisors that it does hereby authorize participa- tion in the Governor's Educational Technology Initiative Procurement and Financing Program for the purchase and financ- ing of approximately $352,200 of subsidy eligible equipment; and BE IT FURTHER RESOLVED, that the County Administrator is hereby authorized to transmit the Memorandum of Agreement to the Department of Education on behalf of this Board. Vote: Unanimous Certified By: oan S. Dolezal, erk to the Board of Supe sors Mod ATTACHMENT C BOARD OF SUPERVISORS RESOLUTION WHEREAS the Chesterfield County Board of Supervisors recognizes the need to expand learning experiences now available through technology to students in the Chesterfield County School Division, and WHEREAS the Chesterfield County School Board is eligible for approximately $352,200 in subsidized technological equipment through the Governor's Educational Technology Initiative Procurement and Financing Program, and WHEREAS the Governor's Educational Technology Initiative Procurement and Financing Program provides a vehicle for the purchase and financing of microcomputers, satellite and associated equipment at a substantial savings to participating localities, and WHEREAS the Chesterfield County School Board has requested the approval of the Chesterfield County Board of Supervisors to participate in this program; NOW, THEREFORE BE IT RESOLVED, by the Chesterfield County Board of Supervisors that it does hereby authorize participation in the Governor's Educational Technology Initiative Procurement and Financing Program for the purchase and financing of approximately $352,200 of subsidy eligible equipment, and BE IT FURTHER RESOLVED, that the County Administrator is hereby authorized to transmit the Memorandum of Agreement to the Department of Education on behalf of this Board. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA October 12, 1988 MEETING DATE: ITEM NUMBER: 13. E.1 . SUBJECTTo set a public hearing to consider amending Article IV of Chapter 5 of the Chesterfield County Code, 1978, as amended, relating to rabies control, to include recent changes in the Virginia Code on these same matters. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION. Chesterfield County recently lost an appeal in the Circuit Court in a case regarding the quarantine of an animal exposed to a rabid raccoon. The court determined that the County could not quarantine the animal because it could not show that the animal had been bitten by the raccoon, as is required by the County Code. Staff believes that, while the court was correct, the result was nevertheless an unfortunate one for the citizens of the County. The legislature has amended the State Code relating to rabies control (effective July 1, 1988) to prevent this result. Under this new state law, an animal may be quarantined not only if it is bitten by an animal believed to be affected with rabies, but also if it is exposed to rabies "through saliva or central nervous system tissue, in a fresh open wound or mucous membrane". (Continued) PREPARED BY: Steven L. Micas County Attorney ATTACHMENTS: YES 0 NO ❑ GKO/nwp2404:C37 SIGNA TURE: 01W 0050 COUNTY ADMINISTRATOR M Agenda Item To set a public hearing to consider amending Article IV of Chapter 5 of the Chestefield County Code, 1978, as amended, relating to rabies control, to include recent changes in the Virginia Code on these same matters. October 12, 1988 Page 2 The amendment also gives health department directors more discretion in dealing with human exposures to rabies not due to contact with dogs or cats, and thus would give the department authority to act to protect the public in cases involving ferrets and other rabies susceptible animals. Recommendation: Staff believes that an amendment to the County Code to include these amendments to the State Code is advisable and would be helpful in protecting the public from rabies. GKO/nwp2404:C37 0051 ' ~_�/ -~ �m� `�' AN ORDINANCE TO AMEND THE ` 1978, AS AMENDED, BY AMENDING SECTION gF_lu� 5-26(d) AND ADDING SECTIONS 5-26(f) AND 5-26(g) RELATING TO RABIES CONTROL AND RABID ANIMALS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That the Cc�e_of-th�Cc�!�tY ld, 1978, as amended, is amended by amending Section 5-26(d) and adding Sections 5-26(t) and 5-26(g) as follows: (d) Any by an animal believed to be afflicted with rabies shall be destroyed immediately or confined in a pound, kennel or enclosure approved by the county health department for a period not to exceed six (6) months, at the expense of the owner, at a cost of one dollar ($1.00) per day; provided, that if the bitten dog or cat so bitten, or exposed to rabies through saliva or central nervous system tissue, in a fresh open wound or mucous membrane has proof of a valid rabies vaccination, the dog or cat shall be revaccinated and confined to the premises of the owner for ninety (90) days. 0oo p m W f t ti -t -I r., or c a-t e x fl.:,.S E..?! v iia c.. e,., t J. cljr.! e r I W C' Q''f Cl t { ir. t L:) e f i rs e. d a t trie .. ... ...... . .. ... ... ..... I..'--.-.-..-'..---- .. .. ...... - cl i E.: c:,-r--e t J. on of a I direc-tor iri a roarfric'.'r, a p p r- o v F.-.? cl tit z (:7 hp;alth de Y., qrs.cll, ...... .... - . ... .... . ...... - ......... .. s;ent ...... . ........ . .... ......... . R ......... t 1- n "i'ar.:I ...d P.. -.. .. SF i.a...............-.--........-...................1........... th L) i t t h r c 1. L I ivr c'.11 b ct F f I i q t p d vj:i -t ti t It y pp e CJ a n i ffleA I s I-i a 1. 1 c-.- f j. rl e cl a(t t I. -I d I C., r, C. 'A t C, c ct I t ti �a r? o r ov e c the 1--feial-t-j-i de .1 � t r1l cz Z or .... ........ 0 53 MEETING DATE: SUBJECT: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA October 12, 1988 ITEM NUMBER: 13.E.2. To set a public hearing to consider amending Section 21-202 of the Chesterfield County Code, 1978, as amended, relating to the Preservation Committee. COUNTY ADMINISTRATOR'S COMMENTS: �� eIA4,447, a* -0� SUMMARY OF INFORMATION: The chairwoman of the Preservation Committee has been advised by the Virginia Division of Historic Landmarks that it is no longer able to place one of its staff on the Preservation Committee. As a result, the Code should be amended to delete the requirement that one member of the Preservation Committee be a representative of the state division of historic landmarks. The Committee requests that this member be replaced in the Code with a person possessing qualifications and expertise as close as possible to someone associated with the Virginia Division of Historic Landmarks. Recommendation: Staff recommends that a public hearing be set. /\ PREPARED BY:q"'-� Steven L. Micas County Attorney ATTACHMENTS: YES' NO O GKO/nwp2405:C37 SIGNATURE: 0054 COUNTY ADMINISTRATOR AN ORDINANCE TO AMEND THE COIK,{4"v ' ' UF 1978 AS AMENDED 8Y AMENDING SECTION 21-202 RELATING TO THE PRESERVATION COMMITTEE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That the Cc�|ec!f.the'CoyntY�n+[�lesterf�e]d` 1978` as amended, is amended by amendinq Section 21-202 as follows: For the purposes of assisting in the administration of the provisions of this article, there is hereby created a preservation committee. Such committee shall be composed of seven (7) members appointed by the board of supervisors. At least one (1) member shall be an architect or landscape architect, one (1) member shall be a contractor, one (1) member shall be a representative of a local historical society and one (1) member shall be a ntmte--- d+V*S*0n--- of --- hfshorfc--- fandmmrkn Members of the preservation committee shall be appointed for three-year terms, and no member shall serve for more than two (2) consecutive terms. ,"�� CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: October 12, 1988 SUBJECT: Airport Restaurant Lease COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: ITEM NUMBER: 13.E.3. This item requests the Board to set a public hearing date for November 9, 1988 to consider a lease between the County and Virginia Culinary Group, Inc. for a restaurant operation at the Airport Terminal Building. Following termination of the restaurant lease with JJC Corporation in July 1988, solicitation resulted in a proposal from Virginia Culinary Group, Inc. for a five year lease to operate a food and beverage concession on the ground floor of the Airport Terminal Building. The negotiated proposal provides for the following lease payments: Year 1 $14,000 Year 2 18,000 Year 3 18,000 Year 4 18,000 Year 5 24,000 + 4% of gross between $350,000 - $500,000 + 5% of gross over $500,000 PREPARED BY ATTACHMENTS: YES O NO William H. Howell l Director of General Services SIGNATURE: CZ fi COUNTY ADMINISTRATOR ` A En Page 2 October 12, 1988 In addition, the proposal provides for an option to renew for an additional five years and a purchase of the restaurant equipment for $6,000 with payments of $100 per month by VCG, Inc. over 60 months. A copy of the proposed lease document will be provided to the Board before the public hearing. The basement would be retained by the County to be renovated and used for conferences, banquets, receptions or other appropriate functions. Action Requested: Authorize a public hearing for November 9, 1988 to consider a lease between the County and Virginia Culinary Group for a food and beverage concession at the Chesterfield County Airport. O057 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: October 12, 1 9 8 8 ITEM NUMBER: SUBJECT: State Road Acceptance Revision COUNTY ADMINISTRATOR'S COMMENTS: kwo�7wg 4PfAav'-(f SUMMARY OF INFORMATION. 13.F.1. The state road acceptance resolution for Ashbrook, Section 1 was approved by the Board of Supervisors at the May 25, 1988 meeting. Within the second paragraph the following statement was made, ".....Offshore Drive, beginning at the intersection with Ashbrook Parkway and going southerly 0.01 mile to the intersection with Helmsman Court........". The resolution should be amended to read as follows, ".....Offshore Drive, beginning at the intersection with Ashbrook Parkway and going southerly 0.10 mile to the intersection with Helmsman Court.....". DISTRICT: MATOACA RFCOMMENDATION: Staff requests the Board amend the attached resolution for State acceptance of Ashbrook, Section 1. ATTACHMENTS: YES 0' NO C7 SIGNATURE PREPARED BY: Richard M. AcElfish, P.E. Director Environmental Engineering COUNTY ADMINISTRATOR 0058 �11I*400 CHESTERFIELD COUNTY: At the regular meeting of the Board of Supervisors held at the Courthouse on October 12, 1988 at 9:00 a.m. This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of Ashbrook Parkway, Offshore Drive, Helmsman Court, Inlet Court, Midship Woods Court and Broadreach Drive in Ashbrook, Section 1, Matoaca District. Upon consideration whereof, and on motion of __________ _ seconded by _ it —is resoTved that _ 7�shbrook Parkway,_ mitts -bore drive, _ Helmsman Court, Inlet Court, Midship Woods Court and Broadreach Drive in Ashbrook, Section 1, Matoaca District, be and they hereby are established as public roads. And be it further resolved, that the Virginia Department of Transportation, be and it hereby is resolved that Ashbrook Parkway, beginning at the western end of existing Ashbrook Parkway, State Route number unassigned, in existing Ashlake Parkway and going westerly 0.07 mile to the intersection with Offshore Drive, then continuing westerly 0.01 mile to end in a dead end; Offshore Drive, beginning at the intersection with Ashbrook Parkway and going southerly 0.10 mile to the intersection with Helmsman Court, then continuing southerly 0.04 mile to the intersection with Inlet Court, then continuing southerly 0.08 mile to the intersection with Midship Woods Court, then continuing southerly 0.11 mile to end in a temporary turnaround; Helmsman Court, beginning at the intersection with Offshore Drive and going northeasterly 0.06 mile to end in a cul-de-sac; Inlet Court, beginning at the intersection with Offshore Drive and going northwesterly 0.08 mile to end in a cul-de-sac; Midship Woods Court, beginning at the intersection with Offshore Drive and going southerly 0.07 mile to end in a cul-de-sac; and Broadreach Drive, beginning at existing Broadreach Drive, State Route number unassigned, and going southerly 0.11 mile to end in a temporary turnaround. This request is inclusive of the adjacent slope, sight distance and designated Virginia Department of Transportation drainage easements. These roads serve 84 lots. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Transportation a 50' right-of-way for all of these roads except Inlet Court and Midship Woods Court which have a 40' right-of-way, and Ashbrook Parkway which has a 90' right-of-way. This section of Ashbrook is recorded as follows: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE : October 12, 1 9 8 8 ITEM NUMBER: SUBJECT State Road Acceptance COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: CLOVER HILL DISTRICT: Newby's Wood, Section B C'I nvFR Hill F I)AI F r1 I CTR I r TC 13.F.2. Old Creek West, Section 7 and a portion of Old Creek West, Section 6 DALE DISTRICT: Mason Woods, Section B MIDLOTHIAN DISTRICT: Cedar Crossing PREPARED BY: �- Richa-rdIsP.E. Director ATTACHMENTS: YES � NO ❑ Environmental Engineering SIGNATURE: COUNTY ADMINISTRATOR 15 MEMORANDUM TO: Board of Supervisors FROM: Environmental Engineering SUBJECT: State Road Acceptance - Newby's Wood, Section B MEETING DATE: October 12, 1988 Newby's Wood Trail Berry Patch Drive NEWBY'S WOOD SECTION 'B' NE�t/BYS Gv000 9U.��t Pik ,raw9�S rRA/� u 0' x 2� ;3" f a � „ 0061 M MEMORANDUM TO: Board of Supervisors FROM: Environmental Engineering SUBJECT: State Road Acceptance - Old Creek West, Section 7 and a portion of Old Creek West, Section 6 MEETING DATE: October 12, 1988 Darcy Lane Darcy Court OLD CREEK WEST SEC_ 7 a P aC' u/AC,y�SCEy � P �0 �W WCsT OW2 Oe,V �2oAO OLD CREEKWEST SECT/oN '7 BEGMoN T 'P 0 90 C'062 MEMORANDUM TO: Board of Supervisors FROM: Environmental Engineering SUBJECT: State Road Acceptance - Mason Woods, Section B MEETING DATE: October 12, 1988 Mason Court Drive Mason Run Drive Mason Run Court South Run Court MASON WOODS SEC. B 0663 M MEMORANDUM TO: Board of Supervisors FROM: Environmental Engineering SUBJECT: State Road Acceptance - Cedar Crossing MEETING DATE: October 12, 1988 Walton Bluff Parkway Lady Ashley Road Lady Ashley Court CEDAR CROSSING CEOA.P CRO55/NG L G uCX m n a � C i1 �2 0464 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: __ October 12 1988 ITEM NUMBER: SUBJECT Requests for Bingo/Raffle Permits COUNTY ADMINISTRATOR'S COMMENTS: 16zz"AX-01 j -4e tk-� SUMMARY OF INFORMATION: 13.F.3. The County Attorney's Office has reviewed the following applications for bingo/raffle permits and has determined that the applications meet all.statutory requirements: Organization Type Year Saint Ann's Catholic Church Raffle 1988 Hening Athletic Association, Inc. Raffle 1988 PREPARED BY: Steven L. Micas County Attorney ATTACHMENTS: YES ❑ NO bingo/b7 SIGNATURE: �IaS� COUNTY ADMINISTRATOR M CONSTITUTION OF ST. ANN'S PARISH PASTORAL COU%('II, ARTICLE I NAME AND PURPOSE: Tlie name of the organization shall be St. Ann' s I',i i , ,sli Pastoral Counc i 1 . 'I'Iit, PIrish Pastoral Council is the structure throu,tti wh i cclr parish 1,10-r I. 'rs participate in decisions affecting the- i r I , vr•5. The ;.irI'Al Pastoral Council is formulated to provide vi ion and 0 1 r ion for the parish ,end to establish and impl(•mt-w I,,,storal I ri„rrt it,s. Tht! Parish Pastoral Council is to )>,� a shared ministry of trust and service to the parish and ., mt;cns for calling and enabling parishioners to discover, dt�\, l„I) .Ind offer their gifts to the community. The Parish Pastor.i I i 1 is responsible for formulation of the parish mission act .it t•rnent and, i.rr accordance with this, to formulate short and lOrn,1 ! ,'Y,n cloals. This is to be done in accordance with diocesan (i . r . ('211.14J) TO SERVE) and universal church guidelines and in full to the parishioners of St. Ann's. ARTICLE II MEMBERSHIP Section 1. The membership of the Parish Pastoral ctmiw it shall be made up of the Pastor, Parish St ., f ! , cN,rnmittee Chairpersons, immediate Past. Chairper�imi roil klected Members from the congregation. Section 2. Nominees for the Parish Pastoral Count• t ! i h(,t h at - large and prospective Committee r_hai r1 i, - i-,,( iiri) will be informed of the duties and respons i h i I i t i of a Council member at a special meeting oh,i ) rt-,l by the council chairperson and attended by t Iii- Ija:;t or and vice -chairperson. After a full review „i fh.,se duties and responsibilities the nomirwe,. ,III he re- quired before their election to aff.irn ! h, ., r, t,()mmitment: to fulfill such duties to the hi- t (f their abilities. Further orientation may bi, I1r.,vi ied as Council deems advisable. Section 3. To be elected a parishioner must I)- .+! I,�,ist 18 years old, confirmed and must I ,„ active registered member for a period of at t, months prior to an election. Section 4. The elected members must constitute a rn., )­r , t v ,)f the total council membership. 1 ARTICLE II: MEMBERSHIP section 5. Non -elected members of the Council shall include the chairpersons of the following ministries: A. WORSHIP B. CHRISTIAN EDUCATION C. JUSTICE AND PEACE D. COMMUNITY LIFE E. YOUTH MINISTRY F. ADMINISTRATION ARTICLE III COMMITTEES: Section 1. Our parish support the following distinct "in+series, Worship, Christian Education, Justice ,nil Peace, Community Life, Youth Ministry and Administration. These ministries will have structured committees and the Chairperson of each of these c"mN ► t t ees will serve on the Parish Pastoral Council. Section 2. Ministry of Worship This ministry is responsible for the planninq, execu- tion and evaluation of parish worship "nd prayer activities. This committee is responsible f"r imple- menting liturgical policies within the p"rinh in accordance with diocesan policies and d + rnct i ves. The pastor will be a member of this committee in will one staff member competent in liturgical concepts. This committee is composed of representat,v, of all liturgical ministries. Sub -committees shall include but not be It"it"d to: Liturgy Planning, Altar and Arts, Euch"rist►c Ministers, Lectors, Musicians, Servers and Greeters. Suction 3. Ministry of Christian Education: This ministry is responsible for the, total educational mission of the parish. The st.,ff member competent in Christian Education theory and practice serves as a member of this committee. Thin committee serves in an advisory role to the MRE. It assists in developing and implementing educational programs for parishioners of pre-school age through ad"Ithood. This committee coordinates activities with other min- instries when appropriate. Sub -commits shall include but not be limited to: Adult Ele- mentary CCD, Jr. High CCD, Senior II i qh CCD, Catechumenate, Children's Liturgy of the Word, Registration and Budget. OA 1400 AWT I('! COMMITTEES MINISTRY OF JUSTICE AND PEACE This committee is responsible for the parish living the parish mission through Christian action and social ministry. This committee makes concrete and practical the message of the Gospel. It assists in 4.1ebrating the Eucharist through ministering Eucharist during visits to the sick and shut-ins. It follows t-he tenet that, "In order to gain Peace, we must work for Justice". It identifies and responds to the greeds of the deprived, neglected and oppressed both within the parish community and the larger community. it addresses advocacy issues as need arises. It establishes sub -committees as appropriate. Sect i ( wit MINISTRY OF COMMUNITY LIFE '►'iris committee is responsible for promoting Christian community in the parish and for fostering the social, ultural and recreational ministry of the 1,arishioners. These efforts will foster a truly hospitable atmosphere. This committee is also concerned about reaching out to new members and invol- ving them in parish activities. It shall have but is not limited to the following sub- committees: Welcoming, Nursery, Parish Newsletter, Social Activities, and Telephone. Sect- i ()n h . YOUTH MINISTRY '►'his committee organizes and conducts activities to fester a Christian spirit among the youth of the p.rr.ish. This committee will also provide retreat experiences, fellowship, and service oriented activities. Sect i o>ri 1. MINISTRY OF ADMINISTRATION This committee is responsible for: A. Assisting in the mission of the parish by providing the resources for the work of the other major committees 13. Care and upkeep of the parish buildings and grounds C. Overall long range planning and fund raising D. Serving the Parish Pastoral Council as its budget and accounting arm when necessary it shall have but is not limited to the following sub- "Mmi.ttees: Building Fund, Fund Raising,'Bazaar, flui.ldings .rnd Grounds, Planning, Time & Talent and Budget. Sect_ r can It. FAITH FORMATJON COMMITTEE OF PARISH PASTORAL COUNCIL This committee shall be responsible for the Council's fill(i)ing faith formation, including preparation of prayer �;f,rvices and/or formation experiences for Council i�w, rings. The Faith Formation Committee shall arrange I„►- an annual Council retreat. 3 s -x ART!-! ! a 1 ? "OMMITTEES Sect)--! 'a. The pastor and the Parish Pastoral Council may call cIn individuals or establish ad hoc committees to meet !--pecial needs as required but must establish lines of c-mmunication and accountability must be carefully delineated. A Council member shall be named to main- !,iin liaison. ARTICLE IV PAIL 1 SIl 4•',V;T( MAI, COUNCIL RELATIONSHIPS Sect. i l m 1. 11.trish Pastoral Council and Finance Council the Parish Pastoral Council and the Finance Council :hare distinct roles in the parish organization. Tho finance Council recommends fiscal policy fcr the parish and the Pastoral Council set print oral direction. A spirit of mutual cooperation should exist hotween the two bodies with the welfare of the entire parish always in mind. The Pastoral Council iw the ijitimate decision making body according to the norms ,(s,t in "Called To Serve". Secl- i -n I. 1,.i rish Pastoral Council and Pastor The Pastor presides at Pastoral Council meetings and F•ntrusts the chairing of the meetings to the annually t•lected chairperson. As the visible focus for unity the Pastor calls forth the charisms of the members of the Parish and nurtures them in sharing the mission ,and ministry of the Church. The consensus model of decision making is employed with the Pastor in agree- ment with the consensus for the decisions to take effect. Sect t , 1,.istoral Council and Parish Staff 1�arish Staff add their expertise and experience to the discussions of the Pastoral Council. They share in the consensus decision making process. Sect i(m I. Pastoral Council and Committees The committees carry out the ministry of the parish in .i particular way and oversee and develop their respec- tive ministries. Committee representatives on the council share,in bringing the focus of the individual ministries to the attention of the entire Council thereby effecting a complete vision of the overall ministry of the parish. 4 n ARTICLE V OFF1 Ci i" Sect i-ii i . i'he Council shall elect two officers: A Chairperson ►11(1 a Vice Chairperson. These Officers with the Pastor diall serve as the Council Executive Committee. Sects rtie Council Executive Committee shall: N. Develop the Council Meeting agenda it. Conduct such business as the Council assigns to it c'. Act in the name of the Council as need arises between regular meetings. Sect i,)n '. . Tiie Chairperson shall conduct all official meetings OI the Council and its Executive Committee. The chairperson shall be responsible for: orderly conduct ()►- meetings, coordination of Council activities, and .o4surance that Council decisions are appropriately and Itmely executed. Sect i,,,i t. `I't►e Vice Chairperson shall conduct in the abs(nc..f- of the Chairperson and shall assist in carrying out the dnLies of the Chairperson. The Vice Chairperson shall ►utomatically assume the Chair upon resignation or ld.herwise cessation of office by the elected Chair- p(d rson . Sect i,m t•: Lection of Council Officers A. Officers shall be elected annually by majority vote by the newly formed Council at the fall retreat it. only elected at -large members are eligible to serve as Council officers Term of office for an officer shall be one year. A member may be elected to a Council officer position for three consecutive terms. However, no pet -Ron shall serve more than two consecutive tei -, as Chairperson, after which that person shall be ineli- gible for any Council officer position for one year tl. Council shall conduct a special election to fill any vacancy that cannot be filled by automatic assumption Secti„n h. The Council shall appoint a Recording Secretary from t:he Parish community. The appointee shall have no vote ,)r official capacity and will serve at the discretion ,►f the Council. The Recording Secretary shall record the minutes of all official meetings and provide• them i.o the Parish Office for publication and distribution. A 'ri ARTICLE VI T1411'+'l Sect i,)n t"tte Leans of office for Council members shall be as i.'LLows: 'o -Larye Members - 2 years 1',immittee Chairpersons - 1 year t' tc•ish Staff - Duration of employment Sect tali ti e ected member may serve for more than two consecutive i ('cros followed by two years of ineligibility. No --mma.ttee chairperson shall serve for more than four —insecut.ive years in the same capacity. Sect i - „t cl )unc i 1 members absent from three successive Craunc i 1 mWeti-ngs will relinquish their membership. Exceptions m.ty be granted by Council decision. ARTICLE VII NOM I N,R i' i ind ELECTIONS Sect t,,n ,.,mi.nat-ions . Thc! Council, by the end of March each year, shall es- i.+bli.sh a Nomination and Election Ad -Hoc Committee. Ltte Committee will simultaneously perform a search for �;'tal if ied parishioners willing to accept nominat:. ion w1i.ile accepting nominee proposals from paritshionot-,; .111d obtaining acceptance by these potential nominees. t,. The Council shall publish by early May of each year a list of qualified nominees. sect i (it, r: 1 ections N. The Ad Hoc Committee will schedule and condtict. a i,-irishwide election of new members by the end of May. it . The Council, upon results of the election, will notify ttte elected members and the parish community. if the field of nominees is too large to determine concrete election results, the Council Executive Committee may establish a run-off election to be C11V1L OJ,P p�eA,eetrtpd by the following June 15th. tt. To maintain continuity of elected Council members approximately one-half of the elected members will be selected one year and the remaining selected the following year. Sect t(ii, . 'taincil Committee Representatives i,w-h standing committee shall provide to Council by ,i,tne 15t:h of each year the name of its chairpers,,n who ,,tall serve as its Council representative. An ,, I ternate representative should also be chiA,,n to .tiLend any Council meetings at which the Chairperson t !, absent. Sect t„il i. 'o,wly elected and appointed members take office ,July 1 3 v ARTICLE VIII GLN , . ;! tt�Uit1�S Scc+ +enumojiLs Lo Lh.is Constitution may be made aft:F•r fu l 1 i + ;ru5sion at two consecutive Parish Pastoral Cc>unc:,- i l ��t r nqs w.i Lh a vote taken at the second ment: inq . A jor.iLy vote of two-thirds of the total C+,ur�ci l m-mbership is required for passage. Seci. + .,, parish Cl.scal year will begin on July I and the following June 30th. DKAt"i' i1\+;ail 1987 7 Received of Address Form no $ aeJ 'D_ For Total $ OQ Dept. B �-3Date 30 19 2 b MO. day Pay -in CHESTERFIELD COUNTY, VA. Voucher PAYEE 153689 n M APPLICATION FOR A PERMIT TO CONDUCT BINGO GAMES OR RAFFLES The undersigned application, pursuant to §18.2-340.1, et seq. of the Code of Virginia, requests the Board of Supervisors of Chesterfield County to issue a permit to conduct bingo games _, raffles X , or both during the 1988 calendar year. This application is for a new or renewal X permit. In support of this application, the applicant offers the following information under oath: 1. Proper name of organization: SAINT ANN CATHOLIC CHURCH 2. Address of organization's headquarters: 17111 JEFFERSON DAVIS HWY, COLONIAL HGTS, 23834 . 3. Address where all records of receipts and disbursements are permanently filed: SAME AS ABOVE 4. Name and address of owner of the property described in 3 above. SAME AS ABOVE 5. Address or addresses where bingo games will be held or raffle drawings conducted: SAME AS ABOVE NOTE: THIS PERMIT IS VALID ONLY AT THE ABOVE LOCATION. 6. Dates or days of week and time when bingo games or raffles will be held at the above address(es): NOVEMBER 5 & 6, 1988 7. Time patrons are admitted and sales begin: _ 8. Date when organization was founded: 1956 9. Has your organization been in existence and met regularly in Chesterfield County for two years immediately prior to making this application? Yes X No 10. Is your organization currently and has your organization always been operated in the past as a non-profit organization? Yes X No 11. Internal Revenue Code section for tax-exempt status was granted (if applicable) 501 W (3) 12. State the specific type and purpose of your organization: ACTIVITIES RELIGIOUS AND EDUCATIONAL 13. If renewing a permit, were financial reports filed on time and in compliance with applicable legal requirements? Yes X No 14. List below gross receipts, if any, from all sources related to the operation of bingo games or instant bingo by calendar quarter for the 12-month period immediately prior to the date of this application: 1st qtr: $ 2nd qtr: $ 3rd qtr: $ 4th qtr: $ 15. Officers of Organization: Name Address Bus. Phone Home Phone President: Cathy Ghidotti 4500 Greyfield P1 Chester Va 520-1192 Vice PresidentHike Dubus 12609 Brook Ln Chester VA 748-4048 B. The organization must maintain and file with the County's Internal Audit Department complete records of receipts and disbursements pertaining to bingo games and raffles as required by State and County Law, and that such records are subject to audit by the County's Internal Audit Department? Yes —_ No C. The organization must remit an audit fee of 154 of gross receipts with the Annual Financial Report not later than November 1 unless gross receipts are less than $2,000? Yes X No D. The organization must furnish a complete list of its membership upon the request of the County Internal Audit Department or other designated representative of the Board of Supervisors? Yes X No E. Any organization found in violation of §18.2-340.10 of the Code of Virginia, authorizing this permit is subject to having such permit revoked and any organization or person, shareholder, agent, member or employee of such organization who violated §18.2-340 or Article 1.1 of Chapter 8 of Title 18.2 of the Code of Virginia, may be guilty of a felony? Yea X No F. The organization must provide written notification to the County Internal Audit Department of any change in elected officers or bingo chairperson during the calendar year covered by this permit? Yes X No v 18. Your organization must attach a copy of the organization's charter, articles of incorporation, bylaws, or other legal documents which describe the specific purposes for which the organization is chartered or organized and must complete the Resolution below. 19. Your organization must submit a check in the amount of $25.00 payable to Treasurer, Chesterfield County as an application fee. 20. Additional pages where necessary to fully complete this application may be attached. 21. Have you and each officer of your organization read the attached permit and do you and each officer agree on behalf of the organization to comply with each of the conditions therein? Yes X No 22. Submit this application to the Chesterfield County Attorney's Office by mail to: P. 0. Box 40, Chesterfield, Virginia 23832 or by hand to: Route 10 and Lori Road, Administration Bldg, Room 503. 23. I hereby swear or affirm under the penalties of perjury as set forth in §18.2-434 of the Code of Virginia, that all of the above questions have been completely answered and that all the statements herein are true to the besti of my knowledge, information and belief't WITNESS the following signatures and seals: Signature of Applicant: Name: JOYCE GRUSCHOW Title: l J-t atl Address: 3136 FIELDING ROAD, COLONIAL HEIGHTS, VA Business Phone: Home Phone: 748-2331 STATE �GINIOF CI COU OF to -wit: Subscribed and sworn to before me, (Q fig a Notary Public in and for the City/County and State aforesaid, this _ i day of 19 . e Notary Public HENING ATHLETIC ASSOCIATION P.O. Box 37034 Richmond, Virginia 23234 September 28, 1988 Q► Ir §4aw.j rt9�'c Be It Resolved: The Board of Directors of Hening Athletic Association hereby authorize Pam Drumheller, Treasurer, to apply for a Bingo/Raffle permit in the county of Chesterfield. Sincerely, Diane M. Terrell, President Hening Athletic Association Hening Athletic Association, Inc. 1988 Board of Directors Diane Terrell President i--271-6119 Debra Heath 1st Vice President 275-0578 Carol Wolf 2nd Vice President 276-3416 Pam Drumheller Treasurer 745-0286 Sandy Lovern Secretary 275-7115 Bob Terrell Athletic Director 743-8987 Harold McCall 3 Year Member 276-6908 Dave VanAken 2 year Member 271-933S Anita Firestone 1 Year Member 271-7808 HENING ATHLETIC ASSOCIATION BOARD MEETING August 28, 1988 The meeting was called to order by Diane Terrell, President. Board members in attendance were Debra Heath, Carol Wolf, Sandra Lovern, Anita Firestone, Pam Drumheller, Bob Terrell, and Harold McCall. The minutes from August 7, 1988 meeting were presented and a motion was made to accept as read, seconded and passed. The treasurer's report was read and filed for audit. OLD BUSINESS Diane Terrell reported she wroted a letter to Mr.Vann concerning pictures that had not been delivered during baseball season. NEW BUSINESS The board agreed to reimburse Kathy Harper `she spent on vest for senior cheerleaders, payment will come from the yard sale. The proposed By -Laws will be ready by the general meeting. Jim Wolf reported several changes in the Articles of Corp- oration, a motion was made to accept changes, seconded and passed. Diane Terrell reported she received a letter from the insurance company explaining increase in cost of insurance. Roy Trentham asked that he be allowed to have assistants on the sidelines along with the approved 4 coaches. Roy also asked that we speak to Mrs. Dowdy about being allowed to have an equipment truch on the school premises. Debra Heath read a letter of grievance from Pam Drumheller, Carol Wolf and Karen Shelton concerning softball uniforms. It was the grievance committees opinion that the board refund the parents payment for the shorts that they bought. The board denied any wrong doing and would not agree to a refund and that a letter would be sent to them explaining why. Carol Wolf reported on the fund-raising projects and the football program. August 28, 1988 Bob Terrell reported that football uniforms would be shipped by the first game. Bob Terrell reported assistant coaches as follow; Senior; Charlie Henry and Lenny Tate_ Junior; Glen Landis and Steve Persinger Minor; Mr. Burton, Mr. West and Mr. Wolf Flag; Richard Meritt, Butch Stone and Mr. Worner A motion was made to accept this slate of assistant coaches, seconded and passed. Debra Heath reported her nomination commitee spokesman would be Harold McCall. Committee would be Kathy Harper, Bonnie Hurlbert, Brenda Arnold and herself. Debra Heath reported Homecoming committee would be Cindy Hall, Carol Wolf, Debbie Persinger, Sandy Lovern, Bonnie Hurlbert and herself, The dance will be held on Oct. 22,1988 at Hening elementary school, if the school can be reserved. Debra Heath suggested that we choose the king and queen court at the dance. Sandra Lovern will summit for an application to reserve the school for Oct. 22, as well as for the banquet which will be Nov. 11, 1988 from 6;30-9;00. Linda Ambler, Jim Wolf and Roy Trentham were present at this meeting at the request of the board to discuss problems that had been presented. Ken Sandy was not able to attend. Linda Ambler asked that we approve Lester Cole for mascot sponsor and Kathy Harper as assistant sponsor. a motion was made to accept, seconded and passed. Linda Ambler reported that last years cheerleading skirts have been misphced by the company in Calafornia. Pam Drumheller summitted a thank -you card from our donation. It was decided to raffle a microwave oven received thru fund- raising and an afVan donated to the cheerleaders. A motion was made to allow Pam Drumheller to apply for a raffle permit, seconded and passed. The next meeting will he held at the home of Carol Wolf on Oct. 2, 1988 at 7:00 p.m. A motion was made to adjourn, seconded and passed. APPLICATION FOR A PERMIT TO CONDUCT BINGO GAMES OR RAFFLES The undersigned applicant, pursuant to Section 18.2-340.1, at, sea_ of the Code of Virginia, 1950, as amended, requests the Board of Supervisors of Chesterfield County to issue a permit to conduct bingo games v rafflesir or both during the %ZM_ calendar year. This application is for a nerz_ or renewal permit. In support of this application, the applicant offers the following information under oath: 1. A. Proper name of organization: G /�,#56 V 40 B. Address of organization's headquarters: �o `�� C. Address where ell records of receipts and disbursements are permanently filed: D. Name and address of owner of the property described in C above: E. Address or addresses where bingo games will be held or redrewin g ILC / NOTE: THIS PERMIT IS VALID ONLY AT THE ABOVE LOCATION. F. Dates or days of week and times of �dy when bingo games or raffles will be held t above address or addresses: �� ,�L�XK lolaa G. Time patrons are admitted and sales begin: �U21\Inds\�Ql� �0.� 2. A. Date when organization was founded: B. Has your organization been in existence and met regularly in Chesterfield County for two years immediately prior to making this application? Yes )�_ No C. Is your organization currently and has your organization always been operated in the past as a non— profit organization? Yes _X� No 0. Internal Revenue Code section under which tax—exempt status was granted (if applicable): E. Organization's Taxpayer Identification Number: ,3-4_ 9 9RI F. State the specific type and purpose of your organization: o /?A , j 3. If this application is for renewal of a permit, answer A and B below. A. Were financial reports filed on time and in compliance with applicable legal requirements? Yes No B. Gross receipts from ell sources related to the operation of bingo games or instant bingo by calendar quarter for the 12 month period immediately prior to the date of this application: 1st quarter 2nd quarter _ 3rd Quarter IJ 5. Member authorized within the organization to be responsible for conducting and operation of bingo games or raffles: (� i fi,, � ��� ,,� Q �,� � %� Name: �Fkl LI�C:Iii �I Address: `I i l J'(.CJUL�1,h l M'Ol 'd"YL_ «� � Home Telephone Number T� 5-',O pBusiness Telephone Number: S. Do you, each officer, director and member of the organization fully understand each of the following: A. It is a violation of law to enter into a contract with any person, firm, associatic!-, organization (other then another qualified organization pursuant to Section 15.2-340.13 of the Code of Virginia), partnership or corporation of any classification whatsoever, for the purpose of organiz- ing,'managing or conducting bingo games or raffles? Yes + No . B. The organization must maintain and file with the County Internal Audit Department complete records ,of receipts and disbursements pertaining to bingo gsma s and raffles as required by State and County Law, and that such records are subject to audit by the County In Audit Department? Yes -)�— No . C. The organization must remit an audit fee of 1% of gross receipts with the Annual Financial Report not later than November 1 unless gross receipts are less than $2,000? Yes )�— No D. The organization must furnish a complete list of its membership upon the request of the County Intern Audit Department or other designated representative of the Board of Supervisors? Yes � No E. Any organization found in violation of Section 18.2-340.10 of the Code of Virginia authorizing this permit is subject to having such permit revoked and any organization or person, shareholder, agent, member or employee of such organization who violated Section 18.2-340.10 or Article 1.1 of Chapter 8 of Title 18.2 of the Code of Virginia may be guilty of a felony? Yes 4- No . 7. Has your organization attached to this application each of the following? A. A copy of the organization's charter, articles of incorporation, bylaws, and other legal documents which describe the specific purposes for which the organization is chartered or organized? Yes A- B. No A copy of a resolution of t e organization's board of directors authorizing the undersigned to apply for this permit? Yes No C. A chec in the amount of $25.00 payable to Treasurer, Chesterfield County as an application fee? Yes No D. Additional pages where necessary to fully complete this application? Yes X— No B. Have you and each officer of your organization read the attached permit and do you e d each of you agree on behalf of the organization to comply with each of the conditions therein? Yes No 9. I hereby swear or affirm under the penalties of perjury as set forth in Section 18.2-434 of the Code of Virginia, that all theL above questions have been completely answered and that all the statements herein are true to the best of my knowledge, information and beliefs. WIITnTNESS the following signatures and sealss /1 flnt Signature of Applicant Title Address Receivgd of Address � VV For Form no o8$ �00 Total $ Date By Mo. day Dept. CHESTERFIELD COUNTY' V • 153690 Voucher VPAYEE Voucher "ii► HENING ATHLETIC ASSOCIATION, INC. Rules and By -Laws Revised November, 1985 ARTICLE I The Name A. The name shall be the "Hening Athletic Association, Inc." ARTICLE II Purpose A. To create, sponsor, organize, and support programs in the Hening Elementary School district. To combat community deterioration and juvenile deliquency. To teach youngsters through playing experience the fundamentals of sports and sportsmanship. Therefore, the Hening Athletic Association, Inc. recognizes that its primary purpose is in teaching self-discipline, team play, team spirit, cooperation, and fair play. ARTICLE III Membership A. Mr. Stamie E. Lyttle, as the founder of the original youth sports Association, shall be a lifetime honorary Board Member. B. All parents or guardians of children participating in Association programs must be members. Other persons must be at least 21 years of age and reside in the community to be eligible for membership. Coaches, sponsors, managers, and past members need not reside in the immediate community unless required by league rules for a particular sport. C. Dues shall be $10.00 (ten dollars) per family per calendar year. Coaches, cheerleading sponsors, board members and their families shall be granted full membership privileges and be exempt from membership fees. Participation fees for each sport are mandatory, not inclusive of membership fees. These fees shall be set by the governing Board. 1. If you pay a membership fee and later that year coach, the $10.00 membership fee will be deducted from the participation fee for the sport you are coaching. 2. Fees are to be paid prior to the first (1st) regular season game or the child does not play. 7 D. Membership shall run from the start of Basketball through the end of Football. E. Each member of the Association will be furnished with a copy of the By -Laws upon request. ARTTri.H TV Officers A. Only active members can hold an office. B. The Board will cogsist of President, First Vice -President, Second Vice -President, Secretary, Treasurer, Athletic Director, three (3) members at large and one (1) honorary member. 1. PRESIDENT: The President shall be Chairman of the Board of Directors and shall preside at all meetings of the Association and of the Board of Directors. The President shall preserve order and shall decide on all points of order that may arise. Points of order are subject to an appeal. A majority of all members voting shall be required to reverse his/her decision. He shall have the general powers and duties of supervision usually vested in the President of a Corporation. He shall sign all contracts and other documents authorized by the laws of the State of Virginia. He shall serve as the coporation's Registered Agent. He shall make an annual report to the Association and the Board of Directors. 2. FIRST VICE-PRESIDENT: The First Vice -President shall preside at any meetings of the Association or Board of Directors in the absence of the President. He/she shall assist the President in his duties if the need arises. He/she shall be responsible for the activities of all committees appointed by the Board and make reports of the same to the Board at their monthly meetings. He/she shall serve as Parliamentarian. 3. SECOND VICE-PRESIDENT: The Second Vice -President shall preside at membership and Board of Directors meetings in the absence of the,President and First Vice -President. The Second Vice - President shall be chairperson of the Ways and Means Committee and shall share the responsibility for the activities of all committees appointed by the Board, and make reports of the same to the Board at their monthly meetings. 4. SECRETARY: The Secretary shall keep an accurate and legible record of all meetings and proceedings and of correspondence that may be authorized by the Association or the Board of Directors. The Secretary will also send out written notices of all meetings at least 5 (five) days prior to such meetings. He/she shall be custodian of all papers and documents required for the proper and effective management of the Association. These documents will be turned over to his/her successor. 5. TREASURER: The Treasurer shall collect and write receipts for all money coming into the accounts of the Association and keep a true and accurate record. He shall be responsible for depositing all money received at least once every thirty (30) days. He shall make payment when authorized by: a. An action by the membership. b. An action by the Board of Directors. A written report shall be presented to all Board Members at the two General Membership Meetings and read to the membership. 6. ATHLETIC DIRECTOR: The Athletic Director shall be knowledgeable of all sports. His duties will be to coordinate all sports and act as an intermediary between the coaches and the Board (contac- ting coaches prior to each monthly Board meeting). He shall be authorized to purchase miscellaneous supplies and equipment as necessary, the amount to be set by each Board. It is recommended that the Athletic Director have an Assistant for each sport. These Assistants are to be appointed by the Athletic Director. C. TERMS OF OFFICE: Officers shall be elected at the last membership meeting of the fiscal year and take office as of January 1st with the members of both Boards meeting together in December. The last member- ship meeting shall take place no later than December 10. The three (3) members -at -large on the Board shall be elected for staggered terms of 3 years. D. COMMITTEES: Committees will be appointed by the Board. Numbers and committees will be determined by the current need, i.e., these will not be other than standing committees. The Board shall decide on policies and procedures affecting the general management of the Association. Committees shall be composed of a variety of the member- ship including new members. It is recommended that all committees meet at least once a month. 1. Ways and Means: To be headed by the Second Vice -President. A co -chairperson from each sport represented by the Association is recommended. Such a co -chairperson is to be appointed by the Second Vice -President. 2 Nominating: This committee solicits the recruitment of new members and committee members throughout the year. The committee submits a list to the General Membership of persons to be nomina- ted for Association positions. This slate of officers is to be sent to the Board at least seven (7) days prior to the election meeting which is the last quarterly meeting. Persons can also be nominated for a position at the election meeting. 3. Grievance: Grievance shall be a committee of two (2) selected from the General Membership to investigate all grievances and report to the Board. - �W *AW 4. By -Laws: A committee shall review the By -Laws and their effect- iveness every three (3) years for possible amendments and. changes. This committe will be chaired by the First Vice - President. E. CHEERING COORDINATOR: He/she shall be knowledgeable of cheering. His/her duties will be to coordinate all cheering activities and act as intermediary between sponsors and the Board (contacting sponsors prior to each Board Meeting). He/shall be responsible for purchase of miscellaneous supplies and equipment as necessary, and approved by the Board. F. MEMBERSHIP AND PUBLICITY: Duties are to keep an up-to-date membership list through acquisition of rosters from coaches and sponsors. Another objective is to promote community recognition of Association activities. G. Any Board Member who is not performing his duty can be replaced by a majority vote of the membership. Any Board member missing three (3) regular Board meetings without due cause shall be replaced by the remaining Board members. Should a Board member resign, he will be replaced by the remaining Board members with the assistance of the Nominating Committee. H. COACHES, MANAGERS AND SPONSORS: Head coaches of each team will be approved by the Board at the beginning of each sport season, and they will recruit their assistants who also must be approved by the Board before the regular season begins. Any coach, manager, or sponsor who is not performing his or her duties can and will be replaced by a majority vote of the Board. 1. He will be suspended or put on probation, but shall have a right of appeal to the Board. 2. He has the right of appeal before the general membership before final dismissal. 3. Duties are defined as follows: a. The coordination and supervision of practices. b. Teaching the fundamentals of the sport along with sportsmanship. C. Responsibility for the physical and emotional safety of participants during practices and games. This means that fighting is not allowed, and that neither physical abuse not verbal abuse will be tolerated. 4. Furthermore, it is expected that each coach will make every effort possible to play all children as much as possible in all games. Playing time in games is particularly encouraged for children who consistently attend practices, and who work hard and pay attention at practices. The coach has no obligation to provide playing time for children who often miss practice, exert minimal effort, fight with other children, or who do not comply with rules. However, any problem situation should be discussed immediately with parents in an effort toward resolution. n M ARTICLE V Meetings A. A regular meeting of the Association will be held at least twice yearly. The time and place will be designated by the Board. Each member of the Association is to be notified in writing of the meetings. Emergency meetings can be called by notification of the general membership. All meetings will have at least five (5) days prior notice, with the exception of emergency meetings. B. The Board of Diretors shall meet at least once a month, time and place designated by the Board at previous meetings. ARTICLE VI Quorum A. "GENERAL MEMBERSHIP MEETING: The majority of the members present in good standing shall constitute a quorum to transact business. Said members shall include five (5) members from the Board of Directors. B. BOARD OF DIRECTORS' MEETING: Six (6) members of the Board of Direct- ors shall constitute a quorum to transact business. ARTICLE VII Order of Business A. The following shall be the order of business: 1. Calling the meeting to order by the presiding party. 2. Roll call of officers. 3. Reading of the minutes of previous meeting. 4. Treasurer's report. 5. Communications (when required). 6. Unfinished business. 7. New business. 8. Closing of the meeting. ARTICLE VIII Order of Business Rules A. Parliamentary authority shall be governed by Robert's Rules of Author- ity. B. Rules and by-laws can be changed or amended at the last regular General Membership meeting by the majority vote of membership present. ARTICLES OF AMENDMENT OF THE ARTICLES OF INCORPORATION OF THE HENING ATHLETIC ASSOCIATION, INC. On the 28th day of August 1988, in a meeting, the Board of Directors of the corporation, by a vote of at least two thirds (2/3) of the directors in office, there being no members of the corporation, adopted the following proposed amendment of its Article of Incorporation: 1. Article I, no change, "The name of the corporation is Hening Athletic Association, Inc." 2. Article II, Change to read: "The corporation is organized and shall be operated exclusively for the purpose of educating young people in the art of athletic activities; to give encouragement, coaching and instruction to young people in sports (including but not limited to baseball, softball, basketball, and football) in cooperation with other recognized local, national, or international associations; to impress upon young people the benefits of athletic competition in accordance with team concepts and the rules of the sport; and to foster, promote and conduct amateur sports competition among young people, within the meaning of Section 501(c)3 of the Internal Revenue Code of 1986. In connection with the carrying out of any or all of its purposes, the corporation shall be possessed of, and may from time to time exercise, any and all powers conferred upon non stock corporations by Section 13.1 204.1 of the Code of Virginia of 1950 as amended; but the corporation shall not carry on any activities not permitted to be carried on (i) by a corporation exempt from Federal income tax under Section 501(c)3 of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law) or (ii) by a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law)." 3. Article III, change to read: "There shall be one class of membership. Membership being open to any citizen interested in the promotion, creation, sponsorship, and organization of all types of athletic programs in the area to be served. Membership shall be subject to the approval by the Board of Directors and the membership shall have voting privileges and at least annually will elect a Board of Directors to serve the corporation." 4. Article IV, change to read: "The affairs of the corporation shall be managed by its Board of Directors. Directors shall be elected by the General Membership pursuant to the By -Laws of the corporation. The -Board of Directors shall be composed of such number of persons as may be fixed by the By -Laws, and in the absence of the By -Laws fixing the number, the number shall be three (3). Sports Directors of each of the activities promoted by the corporation pursuant to the By -Laws shall be ex-officio directors. 5. Add the following: Article VI, No part of the net earnings of the corporation shall inure to the benefit of, or be distributable to, its directors, officers, or other private persons and/or entities, except that the corporation is authorized to pay reasonable compensation for services rendered to it and to make payments and distributions in furtherance of the purposes set forth in Section II hereof. No substantial part of the activities of the corporation shall be attempts to influence legislation by propaganda or otherwise and the corporations shall not participate in, or intervene in, any political campaign on behalf of any candidate for public office, including but not limited to the publication or distribution, or both, of written or printed statements or the making of oral statements on behalf of or in opposition to any such candidate for public office. The assets of the corporation are dedicated to the purposes expressed in the second article hereof. Upon dissolution of the corporation, the Board of Directors shall, after paying and making provision for payment of all the liabilities of the corporation, dispose of all assets of the corporation exclusively for the purposes of the corporation, as set forth in the second article hereof, to an organization, or organizations, organized and operated exclusively for charitable, educational, religious, or scientific purposes; or for the purpose of fostering amateur sports competition among young people, and qualifying as an exempt organization, or organizations, under Section 501(c)3 of the Internal Revenue Code of 1986, or a corresponding provision of any future United States revenue law, as the Board of Directors in its sole discretion determine. Should any of the corporate assets not be disposed of as aforesaid, the Board of Directors shall, by petition filed with the Circuit Court of the County of Chesterfield, request that Court to dispose of such assets exclusively for the purposes enumerated herein to such organizations as the Court shall determine are organized and operated exclusively for such purposes." 6. Add the following: "Article VII, The corporation may indemnify each director, officer and agent against liabilities (including judgements and fines and reasonable attorney's fees, costs and expenses) incurred by him in connection with any actual or threatened action, suit or proceeding, whether civil, criminal, administrative, arbitrative or investigative (any of which is hereinafter referred to as a "proceeding"), to which he may be made a party by reason of his being or having been a director, officer or agent of the corporation, except in relation to any proceeding in which he has been adjudged liable because of willful misconduct, bad faith, or gross negligence involved in the conduct of his office, or in relation to any criminal proceeding in which he had reasonable cause to believe his conduct was unlawful (any of which behavior is hereinafter referred to as "misfeasance"), provided, however, that even if he is found guilty of misfeasance he shall be entitled to such indemnification as shall be finally ordered by a court. In the event of the disposition of any proceeding in which no determination of misfeasance has been made, such indemnity shall be conditioned upon a prior determination that the director or officer acted in good faith and without misfeasance, and that such payments or obligations are reasonable. Such determination shall be made (i) by the Board of Directors by a majority vote of a quorum consisting of directors who were not parties of the proceeding. (ii) by independent legal counsel in a written opinion if such a quorum is not obtainable, or, even if obtainable, if a majority of disinterested directors so directs. Directors eligible to make such determination or to refer any such determination to independent legal counsel must act with reasonable promptness when indemnification is sought by any director or officer. Expenses incurred in defending any proceeding may be paid by the corporation in advance of the final disposition of such proceeding, if authorized in the manner set forth in the preceding paragraph, upon receipt of an undertaking by or on behalf of the director or officer to repay such amount unless it shall ultimately be determined that he is entitled to indemnification. Every reference herein to director or officer shall include every director or officer or former director or officer of the corporation and, in all such cases, the heirs, executors, and administrators of such officer or director. The corporation may further indemnify each officer and director in any other manner permitted by law." C-41A A I Diane Terrell (President) ARTICLES Or AMENOMEMT OF THs ARTICLES OF INCORPORATIOM OF LYTTLE % BARMS YOUTH RDCRIATION CLUB, IXCa 4M. Alb I. On the 21st day of June 1982, in a meeting, the Board of Directors of the corporation, by a vote of at least two thirds (2/3) of the directors in office, adopted the following proposed amendment of its Articles of Iaoorporations 'BE IT RESOLVED, that in the best interest of the Lyttleae0 Barnes Youth Recreation Clab, Inc., MA having been voted on and approved by nose than two thirds (2/3) of the votes of its board . a at a board meeting on April 21, 1902, after notice was Q1van to each member on March 21, 1982, as required by law, the nave of the LyttleWWS&rnss Youth Recreation Club, Inc., shall be changed to: Bening Athletic Association, Inc.• 2. There are no members of the corporation. Executed in the naswl of the corporation by its President and its Secretary, who declare under penalties of perjury that the facts stated herein are true. Dated: September S, 1182 AN LYTTLR / mom TOM RECRlMITalr CLM-, INC. -••� r-^ Wce 820 1S 1p ao�ar�r>ZAt a OF 7M=" ,this co.:os•>Aoir Comou AT RXMNOM iartssiar n, m Ttir + f+oc ertici� bW'M bM dd1MW NOW Mr C MPINI sa CMMO& u • b d Lyttle aatf Iarm Youth MKmtlon Club. IncerpWaw (dig. PAme to Meatng Athletic Association. INC. OW tie CA= : b bg bead duns ie aeddtds nmi* vY As npbm" d bw sat an a1 up beaban P"kb ORDUM ties d& CZWrW A7% O/ MENMI he 6mA ad rice the sdw. aptitr vY to wdd% be aditd is nwW b ie awe of ate CttaaddM aei ties die set}.eadsa b v tie aatiedr aadwad • k 1/ ba' b sunder di As atdd% 840 o is ONWMM ad i.etieti.ee Wpd by M. Ups dte a.ebdm Of " unafduk rife aid ad At odic Ad be d.vadd k; wmiii b ie 46 .f the dwk 1 tb Circuit Coast. Chesterfield COURV a ~ sur r� :mow - �a u th • r,er^.an.: who tn- t nerve as the Initial Directors .M: 'i Mr :,genic E. iyttle A—phen M. Thomas J:+nr- 1!. W1"1: Address 4730 2ronbridge Roan Richmond, Virginia 5931 6seling Read Richmond, Virginia 84", i MIN - street Richmond, Virginia vie i.r ths--•orporutlon shall be elected by the in.&rf •f Pti-etor:: " t•rrm3 of three (3) years. Vacancies ,hz; i ' t-_ 'i''_,!d -,n l .'.-)r the unexpired term. V. The ix,:st o:'r1ce address of the Initial registered fI.- t.• T" ,. - : tati -i t-lntern Budd building, Richmond 19, tr; 1nt•i. Th- n:mv: of the_ city In which the initial regis- tf. r-,i 10':'tar� t.: ?on:&VA to City of Richmond. The nerve of It:-. initial r.-IJ: tered agent is Frederick T. Cray, a resident ,X Virginia, who is -* member of the'V1rZN1&=tate••4W and >:hoae buntnean offices is the same as the registered office of the corpor:itton. r ... Dated t October 8, 1�7u5. Ax%*WW%M%d"Lwa r- - common M= or TUMMM ffATZ CORIaORATM C0 M AT RXMMOMOctober 11, 1965 TL Mw iws wddn Vie bm 6 mW to de Mw CapoWn Cewwiiw • bebdl of Lyttle and Barnes Youth Recreation Club. Ineor"ratod .d de CasoW . bwie bed dw & wddn eeeek wit de wedwwrMe d low ad •M i MOid he bew bomP"kis ORD91M dw is CERTI1ICATZ OF INCORPORATION be 6" ed des "w4w. - wid d. wades. be aiimd b wMd in i eiw d de Cew Wns ae/ tilt. de ewIwwin Me de eMbww/ eeedwfei • i1 bF Iw i wewiee wid i Mddw iiMt fe d1 will~ tie nelriw;... i*rrd b be. Jr,. M - --.r - •.t�+-. mac. �- - w v State (garpar tion (gIIritxnission w4 . aSAo George _ PrVant, Ir., Q11erk of the "itate t . Corporation Commission, be herehg rer#ifg that the foregoing is a true copy of all documents constituting as of this date-,, the charter of HENING ATHLETIC ASSOCIATION, INC. . a^ Nothing more is hereby certified. >` J T� Testimang Phtrtvf JAmwzm& jam 4p Aand , 46/- March `mow-,- '� � ry1��:•�0 �e tFF/ MEETING DATE; SUBJECT: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA October 12, 1988 ITEM NUMBER: 13.F.4. Request for Permit to Stage a Fireworks Display in Chesterfield County on October 23, 1988 COUNTY ADMINISTRATOR'S COMMENTS: eaa7x'w� 1�e 0-&� SUMMARY OF INFORMATION: International Sports Incorporated, which operates the Southside Speedway, has requested that the Board issue it a fireworks display permit for a fireworks display at the speedway on Sunday, October 23, 1988, sometime between 9:00 p.m. and 10:00 p.m. This display is intended to mark the end of the 1988 auto racing season and the final NASCAR event at the Southside Speedway. The display will be staged by Dominion Fireworks, Inc., which has presented numerous fireworks displays in the county without incident. Dominion Fireworks is presenting a description of the display to the Fire Marshall for his approval. Documentation of adequate insurance coverage has been furnished to staff. (Continued) 1 PREPARED By'. Steven L. Micas County Attorney ATTACHMENTS: YES O NO ;D GKO/nwp2406:C37 0066 SIGNATURE: COUNTY ADMINISTRATOR .A-. %W n Agenda Item Request for Permit to Stage a Fireworks Display in Chesterfield County on October 23, 1988 October 12, 1988 Page 2 Recommendation: Staff recommends approval of the permit contingent upon approval from the Fire Marshall on or before October 22, 1988 that the display will be in compliance with the requirements of the County Fire Prevention Code or does not otherwise present any unreasonable safety hazard. GKO/nwp2406:C37 4 .. 0067 MEETING DATE: SUBJECT: CHESTERFIELD COUNTY October 12, 1988 BOARD OF SUPERVISORS AGENDA ITEM NUMBER: 13.F.5. Allocation of funds for purchase of irrigation equipment for Meadowbrook High School varsity football field COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Board of Supervisors is requested to approve transfer of $2,000 from the Dale District three cent road fund to the Meadowbrook High School Parks Bond account for purchase of irrigation equipment. Background Funds are requested to supplement Meadowbrook Athletic Association donations. The Athletic Association will donate funds for the remaining costs with total equipment purchase of approximately $4,000. It is anticipated that the work will be done in Spring 1989 to allow time for good turf establishment for the Fall 1989 football season. Mr. Harry Daniel has requested this transfer. Recommendations Staff recommends that the Board of Supervisors approve transfer of $2,000 to the Meadowbrook High School Parks Improvements Bond account from the three cent Road fund (Dale District) PREPARED BY: ATTACHMENTS: YES O NO U SIGNATURE: COUNTY DMINISTRATOR MEETING DATE: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA October 12, 1988 ITEM NUMBER: SUBJECT Position Statement on House Joint Resolution No. 125 COUNTY ADMINISTRATOR'S COMMENTS: �a 0��d ljpo�ovll-f SUMMARY OF INFORMATION: The Board is requested to approve the attached statement supporting changes in State Legislation which would enable the County to assess developers with offsite road improvements. BACKGROUND: In the 1988 Session of the General Assembly, a Joint Subcommittee was established to study offsite road improvements, local zoning and subdivision regulation authority, and the impact of land development on public infrastructure. Delegate Cranwell has been elected Chairman of the subcommittee. The subcommittee will conduct a public hearing for the Richmond area on Friday, October 28, 1988 at 9:30 a.m. in House Room C of the General Assembly Building. RECOMMENDATION: Staff recommends that the Chairman of the Board present the attached statement at the public hearing. PREPARED By*.-911//K���� tJ. McCracken irector of Transportation ATTACHMENTS: YES ® NO O SIGNATURE: C/O( ) 0 6 j COUNTY ADMINISTRATOR POSITION STATEMENT ON HOUSE JOINT RESOLUTION N0. 125 OCTOBER 28, 1988 GOOD MORNING I AM GEOFFREY APPLEGATE, CHAIRMAN OF THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY. WE APPRECIATE THE OPPORTUNITY TO APPEAR BEFORE YOU TODAY TO DISCUSS OFFSITE ROAD IMPROVEMENTS, AND THE IMPACT OF LAND DEVELOPMENT ON PUBLIC INFRASTRUCTURE. WE HAVE BEEN FORTUNATE IN CHESTERFIELD TO HAVE A VIBRANT ECONOMY, AN EXCELLENT SCHOOL SYSTEM, AND A QUALITY OF LIFE WHICH MAKES OUR COUNTY A VERY ATTRACTIVE PLACE TO LIVE. APPROXIMATELY 700 NEW PEOPLE LOCATE IN CHESTERFIELD COUNTY EACH MONTH, 200 OF WHICH ARE SCHOOL AGE CHILDREN. BY 2005, WE EXPECT THE POPULATION OF THE COUNTY TO EXCEED 300,000. THE GROWTH RATE WHICH WE ARE EXPERIENCING HAS MADE IT EXTREMELY DIFFICULT FOR US TO KEEP PACE WITH THE SERVICE LEVELS THAT THESE NEW RESIDENTS DEMAND. WE ARE, THEREFORE, VERY ENCOURAGED THAT THE GENERAL ASSEMBLY HAS CHOSEN TO REVIEW THE IMPACT OF GROWTH ON INFRASTRUCTURE AND THE STATE'S EXISTING ZONING LAWS. m PERHAPS YOU HAVE HEARD THE ARGUMENT THAT THE NEW REVENUE THAT HAS BEEN PROVIDED BY THE STATE FOR ROAD IMPROVEMENTS WILL ADEQUATELY ADDRESS THE CURRENT AND FUTURE TRANSPORTATION NEEDS OF THE COMMONWEALTH. THIS IS CERTAINLY NOT THE CASE IN CHESTERFIELD. OVER THE NEXT TWENTY YEARS, WE WILL NEED MORE THAN $400 MILLION IN ROAD IMPROVEMENTS THAT WILL NOT BE FINANCED BY THE COMMONWEALTH. THE COUNTY HAS RECOGNIZED THAT WE AT THE LOCAL LEVEL WILL HAVE TO PLAY A GREATER ROLE IN FINANCING THESE ROAD IMPROVEMENTS. CHESTERFIELD HAS ALREADY BEGUN THIS EFFORT. SINCE 1984, CITIZENS OF THE COUNTY HAVE PASSED TWO BOND REFERENDUMS TOTALLING $52 MILLION FOR THE CONSTRUCTION OF THE POWHITE PARKWAY EXTENSION AND ROUTE 288. THE REAL ESTATE TAX RATE IN CHESTERFIELD WAS INCREASED BY APPROXIMATELY $.07 PER $100 OF ASSESSED VALUE PARTIALLY BECAUSE OF THOSE REFERENDUMS. IN ADDITION TO REAL ESTATE ASSESSMENTS, OUR CITIZENS ARE ALSO PAYING FOR ROAD IMPROVEMENTS THROUGH THE TOLLS WHICH ARE COLLECTED ON THE RICHMOND-PETERSBURG TURNPIKE AND THE POWHITE PARKWAY EXTENSION. THE COUNTY HAS CONTRIBUTED OVER $5 MILLION FROM THE -2- 0 p "71 GENERAL FUND FOR THE CONSTRUCTION OF TWO ADDITIONAL HIGHWAY PROJECTS AND ROUTINELY PARTICIPATES IN VDOT's REVENUE SHARING PROGRAM TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW. EVEN WITH THESE LOCAL INITIATIVES, THE DEMAND FOR TRANSPORTATION AND OTHER PUBLIC INFRASTRUCTURE IMPROVEMENTS FAR EXCEEDS OUR ABILITY TO FINANCE THE IMPROVEMENTS. WE, THEREFORE, FEEL THAT IT IS IMPERATIVE THAT LOCALITIES BE GIVEN ADDITIONAL AUTHORITY TO DEAL WITH THE IMPACT OF GROWTH ON OUR INFRASTRUCTURE. CHESTERFIELD CURRENTLY HAS THE AUTHORITY TO USE CONDITIONAL ZONING AND MAY ACCEPT VOLUNTARY PROFFERS FOR ROAD IMPROVEMENTS THAT ARE DIRECTLY RELATED TO A PROPOSED DEVELOPMENT. USING THIS AUTHORITY, THE COUNTY HAS ROUTINELY RECEIVED RIGHT-OF-WAY DONATIONS AND ONSITE ROAD IMPROVEMENTS FOR PROPOSED DEVELOPMENTS. THE CURRENT AUTHORITY, HOWEVER, DOES NOT AFFORD US THE ABILITY TO ASSESS THE OVERALL IMPACT OF GROWTH. WE HAVE TRIED TO ENCOURAGE DEVELOPERS TO ASSEMBLE LARGE TRACTS OF LAND SO THAT WE CAN BETTER PLAN OUR ROADS, PARKS, SCHOOLS, FIRE STATIONS, AND OTHER -3- EM m 15 PUBLIC FACILITIES. HOWEVER, UNDER THE CURRENT CONDITIONAL USE ZONING AUTHORITY, A DEVELOPER IS PENALIZED FOR COMPLYING WITH OUR REQUEST SINCE THE LARGER HIS DEVELOPMENT THE GREATER THE IMPACT ON PUBLIC FACILITIES FOR WHICH HE WILL BE ASSESSED. IF THE DEVELOPER KEEPS HIS PROJECT DIVIDED INTO SMALLER PARCELS, HE CAN OFTEN AVOID THE RESPONSIBILITY FOR HIS DEVELOPMENT'S IMPACTS EVEN THROUGH THE CUMULATIVE EFFECT OF HIS SEVERAL SMALL PROJECTS WILL BE IDENTICAL TO THE ONE LARGER PROJECT WHICH WE REQUEST, IN EFFECT, THE DEVELOPER IS PENALIZED FOR DOING A BETTER JOB OF PLANNING. WE WOULD LIKE TO SEE CONDITIONAL USE ZONING AUTHORITY AMENDED OR NEW LEGISLATION ENACTED WHICH WOULD ALLOW THE COUNTY TO ESTABLISH TRANSPORTATION DISTRICTS AND REQUIRE PRO -RATED CONTRIBUTIONS FOR OFFSITE IMPROVEMENTS WHEN THE NEED FOR THE IMPROVEMENT IS GENERATED BY DEVELOPMENT. WE WOULD ALSO LIKE TO HAVE THE AUTHORITY TO REQUIRE SUBSEQUENT DEVELOPERS TO PROVIDE REBATES TO INITIAL DEVELOPERS WHO PROVIDE IMPROVEMENTS THAT ARE ENJOYED BY -4- ()61�3 �4w/ m BOTH DEVELOPERS. A DEVELOPER CURRENTLY HAS NO INCENTIVE TO PARTICIPATE IN OR FACILITATE THE CONSTRUCTION OF SOME ROAD IMPROVEMENTS BECAUSE HE MAY BE ABLE TO AVOID PAYING ANY COSTS IF ANOTHER DEVELOPER NEEDS THE IMPROVEMENTS BEFORE HE WILL AND IF HE CAN WAIT. WE HOPE THAT YOU WILL SEE FIT TO SUGGEST NEW LEGISLATION WHICH WILL ENABLE THE COUNTY TO ASSESS DEVELOPMENTS WITH OFFSITE ROAD IMPROVEMENTS AND OTHER INFRASTRUCTURE COSTS. I WILL BE GLAD TO ANSWER ANY QUESTIONS. -5- oc) � y WM CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: October 12, 1988 ITEM NUMBER: SUBJECT: VDOT Cut Through Traffic Public Hearing COUNTY ADMINISTRATOR'S COMMENTS: km_��W Ajoymcvc—( SUMMARY OF INFORMATION: 13.G.2. The Board is requested to approve the attached statement regarding VDOT's proposed cut through traffic policy. BACKGROUND: More and more subdivision streets in the County are being used as short cuts for through traffic attempting to avoid congested intersections -on the County's arterial streets. VDOT has developed a policy which attempts to provide a method by which this problem can be addressed. A public hearing has tentatively been scheduled in Richmond on October 27, 1988 to consider input relative to the policy. A summary of the major elements of VDOT's policy is attached. RECOMMENDATION: Staff recommends that the attached statement be adopted by the Board and forwarded to VDOT by the County Administrator for inclusion in the public hearing record. ATTACHMENTS: YES ® NO O SIGNATURE: c PREPARED BY: . J. McCracken irector of Transportation For"11011 COUNTY ADMINISTRATOR M Attachment A Main Elements of VDOT Policy and Procedures For Control of Residential Cut Through Traffic • Residential cut through traffic is defined as traffic passing through a specific residential area without stopping or without at least one trip end within the area. • County's responsibilities under VDOT policy. a) Identify the problem of residential cut through traffic and request by resolution that VDOT review and address possible solutions to the problem. b) Obtain a petition signed by at least 75% of the occupied households within the problem area. c) Verify that the minimum threshold value of 200 cut through vehicles in one hour in one direction of travel on a local residential street is met. d) Identify alternate routes. • VDOT responsibilities. a) Conduct detailed traffic analysis. b) Provide recommendations for alternatives for addressing the cut through traffic problem (example: restricting turning movements during peak hours, one way streets, closing streets, etc.). c) Implement any diversion devices which are recommended. • Joint County/VDOT responsibilities. a) Conduct a formal public hearing. b) Identify the source of funding for any permanent construction as needed. 00 , CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: October 12, 1988 13.G.3. ITEM NUMBER: SUBJECT: Appropriation for Improvements to Petersburg Street COUNTY ADMINISTRATOR'S COMMENTS: R""'.1 �e" SUMMARY OF INFORMATION: The Board is requested to appropriate funds from the Bermuda District Three Cent Road Fund for proposed improvements to Petersburg Street. BACKGROUND: Mr. Currin requested staff to prepare this item for an appropriation of funds for a plant mix overlay on Petersburg Street between Daniels Street and the existing cul-de-sac. This section of Petersburg Street has deteriorated and is in need of improvement. RECOMMENDATION: If the Board wishes to perform should be appropriated from the Fund for the overlay and the adopted. DISTRICT: Bermuda. ATTACHMENTS: YES W NO 0 the street maintenance, $3,500 Bermuda District Three Cent Road attached resolution should be PREPARED BY: R J. GJ'1� McCracken Director of Transportation SIGNATURE: C* COUNTY ADMINISTRATOR L.� *,Agenda Item - Appriation for Improvements Petersburg Street October 12, 1988 Page 2 Budget and Management Comments: The three cent road fund account balance for Bermuda District stands at $25,353. If the Petersburg Street project is approved, the new account balance will equal $21,853. mes J S egma'er, Director *dget V Management Department 0079 CHESTERFIELD COUNTY: At the regular meeting of the Board of Supervisors held at the Courthouse on October 12, 1988 at 7:00 p.m. WHEREAS, citizens living along Petersburg Street have requested the County to repair the pavement on Petersburg Street between Daniels Street and the cul-de-sac. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors requests the Virginia Department of Transportation to place a plant mix overlay on the street with the cost not to exceed $3,500. Vote: Certified By: Joan S. Dolezal, Clerk to the Board of Supervisors ()C.3� AREA OF PROPOSED ASPHALT OVERLAY LOCATION r CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA October 12, 1988 MEETING DATE: ITEM NUMBER: 13 . H .1 . a . SUBJECT UTILITY PUBLIC HEARING: Ordinance to Vacate a 16' Storm Sewer Easement and a 16' Water Easement in Handel Court Subdivision COUNTY ADMINISTRATOR'S COMMENTS: 6697x� �e� SUMMARY OF INFORMATION: V. C. Adamson, Jr., has submitted an application requesting the vacation of a 16' storm sewer easement and a 16' water easement in Handel Court Subdivision. This request has been reviewed by staff. RECOMMENDATION: Staff recommends that the Board adopt the ordinance to vacate the 16' storm sewer easement and a 16' water easement in Handel Court Subdivision. DISTRICT: Clover Hill PREPARED BY: .4,�gepn �. cx,- ir. Asst. D rector of Utilities ATTACHMENTS: YES IP NO 0 SIGNATURE: 0082 COUNTY ADMINISTRATOR VICINITY SKETCH %wrHANDEL COURT SUBDIVISION =� 2 360 3� C � a O C»rRaENr•rAUA Y ¢¢ fra NAI. 5»OoOrNG A c t% It c; c NfER R I C H M 0 N 0 3 ` ':% ? • j `e t. MIDGET CT t 2. BREEZY CT a + 9 4 : cO :. si` �»J iec. ft 650 CO 0. SEVu* OR 0 AO` •• BROYNIL6 Ct Oy p c 7. BELRLR R B. BEWORT CT. i r od° o O JB cc u i ° DR g ` ap E % RO \ 29 z J� �/y� ►� �;�'q ° tea• ,Q �eeti. o� O GS 1668 err, o �c �y e� V0 c 4•♦ w+o r oz \ 4 I c�. O Car N W: r� •Q 'N .MEO 64T wo�BpgN .1 CO M14N OERRO 9 RO / 2 re ql lORr N7 AN4r[STER 9p •y� z RD '"°� a_o BE LMON T a0 su.00� , to a. -' �P a,� = ate.. •� ='^'O�o t~ r 651 •O P yy I' �� L� u'' ra t •`r ��? 647 _.A,KLAr . rcw S. ` v _ ` 4 y , °� �•» wee ..�+ s c• oi.'., u .E I uJ 'a F @ I p 10 St6vEN5 �%+ n = ».N°c► � � � m STEIt• a0 In �•! N fo •s. c Kr �' p � pq� e ^y .� � n ONE '�1,y Oq • nE105 .. C a°.a.. -1 ► a ea C s d1 0 ` • •air e: 4I i o ao 8 C.CIA �tq j rl SiaNBg00% '�b* �; + ♦••(�• �- 4TINN000 OR GILL s cwool_ a:84g 1 • ..' 65 1 ;,V r i N[NINa KEMY" co, , Q 1 .D Q ; ~—�•�[--[---•_r'�—'_.— ^r++ Crows I �` * . JEssva i RO NNE no s•eo 3 ' J 1 = Q ",A eM« CAM V u •r .�.' aD 51 In W 00 V4 z �� ., t- - --,' MEETING DATE: CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA October 12, 1988 ITEM NUMBER: - 1_ 3 . H . 1. b . SUBJECT PUBLIC HEARING: To Consider the Conveyance of Right of Way along Cedardale Lane and Hopkins Road to the Virginia Department of Transportation COUNTY ADMINISTRATOR'S COMMENTS: �Jlc.oJ ��� SUMMARY OF INFORMATION: Staff requests the Board to approve the conveyance of right of way and to authorize the chairman of the Board and County Administrator to execute the necessary deed to the Virginia Department of Transportation for the road improvements along Cedardale Lane and Hopkins Road. The County has been requested to donate the necessary right of way along Cedardale Lane for road improvements connected with the Hopkins Road project. On September 14, 1988, the Board set this public hearing to consider the conveyance of the right of way. RECOMMENDATION: Staff recommends that the Board approve the conveyance and authroize the Chairman of the Board and County Administrator to execute the necessary option and deed upon approval by the County Attorney's Office r-� DISTRICT: Dale PREPARED BY: --P�� --okli Q Jo:E. Be , . sst. Dir or of Uti sties ATTACHMENTS: YES PP NO 0 SIGNATURE: AW COUNTY ADMINISTRATOR 0085 VICINITY SKETCH :- H.OPKINS ROAD *40 �C=�:••'r f. !� +-1 Mz'°•"eptu �1C ST&f.,.✓�- � ♦ �•i. gyp' •� Q 4�( rQa,� :�,[ "r Q o .p ...-K D•�E ,0 OU �'•�+,•O.f� ca` y y: �.C�'+•:►Yn� :- +i ,r i.,'��� t^�°irC• c oT�. 0 5 rw0 ijci`. • /�, i y O �` y"•+ �` 'tom S� O rK/Aice.•'- /�5�•. � •� e • 4� uJi r°^OP � ems+' j ow � R}` � `, \ , free ~C le+�i ..a... f ems' � ' 1; M • � �� C � I} 1 o ,.O f Cp la / u n ♦iTT�E c' ems• �• �• /S \� `� ••..o6 V 4 44- , 2' a a O 639 p.t � .' =s fj a ° + 4 � 'w•� ao a9 9 \ *� • Off' » �� ^� e= r �� �,r � :o••i SW `MEfO � •tee 4 � d O � t• o o o00 ffslocS�o OR? E'er s `,j TO- KO F r E�hrO .a NORTH o OR O R 1 T. y,T �•11 a 11 rtttt c ' a0. 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(10817 ALE CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA October 12, 1988 MEETING DATE: ITEM NUMBER: 13.H.1.c. SUBJECT: PUBLIC HEARING: Ordinance to Vacate a Portion of Cross Street in Seaboard Coastline Industrial Park COUNTY ADMINISTRATOR'S COMMENTS: PV a SUMMARY OF INFORMATION: Zeller Interchem Corp. and Waverly Textile Processing Inc. have submitted an application requesting the vacation of a portion of Cross Street in Seaboard Coastline Industrial Park subject to the retention of the necessary water and sewer easements. When these companies purchased their properties from CSX Corporation, they were led to believe that Cross Street could be cul-de-saced and vacated as shown on the attached sketch entitled "CSX Industrial Park, Richmond, Virginia". Upon notification of the County's intent to consider the vacation of Cross Street, CSX sent the attached letter of opposition to the request. The concerns of CSX of utilities through Cross Street will not be a factor since the County will retain the necessary water and sewer easements when the right of way is vacated. The County's comprehensive plan indicates that the adjacent Bellwood Estates Subdivision will be commercial and the access to Bellwood Road will be through a commercial area. County staff has reviewed this request and is in concurrence with the vacation of the right of way. Economic Development strongly recommends the vacation of Cross Street ATTACHMENTS: YES d Gary McLaren, Director Economic Development NO 0 SIGNATURE: C�w COUNTY ADMINISTRATOR Board Agenda October 12, 1988 Page 2 Vacation of this right of way will allow Waverly Textile which is an existing company to expand it's operations in this area. Without the vacation it will be unable to expand and will likely relocate it's business outside of the County. The vacation of Cross Street will allow Zeller Interchem to locate it's building on the existing property it purchased without the requirement of additional land. Without the vacation, it will be required to purchase additional land from CSX. RECOMENDATION: Staff recommends that the Board adopt the ordinance to vacate a portion of Cross Street in Seaboard Coastline Industrial Park subject to the retention of a 60' wide water and sewer easement. DISTRICT: Bermuda ;r 39 D. Kevin Hurley Regiond Manager Soles & leaswV August 22, 1988 DKH/cw In reply refer to: SBD000033 SFP 13 1993 County of a."rfew Umbel Oeowment Ms. Jennifer J. Lantz Commercial/Industrial Representative Chesterfield County Economic Development 10109 Krause Road P.O. Box 40 Chesterfield, Virginia 23832 Dear Ms. Lantz: 100 North Charles Street BaltlRlore. Maryland 21201 301/237-3981 CERTIFIED MAIL This refers to your letter of August 16, 1988 concerning the request to vacate Cross Street between Fort Darling Road and property owned by CSX Transportation in the Bellwood Industrial Park, Chesterfield County, Virginia. Please find attached your form on which is registered CSX Transportation's strong objection to this vacation. This right-of-way was established to provide access to parcels B and C as shown on the attached map. Such access includes vehicular as well as utility access. Access via Gresham Avenue is residential in nature and not suitable for any industrial access. Furthermore, water and sewer can be provided properties in a much more cost effective way via the Cross Street right-of-way. Granting this vacation would seriously damage the value of the remaining CSX ownership in the Bellwood Industrial Park and we strenuously object to this proposal to vacate Cross Street. Sincerely, D. K. Hurley 0o9() CSX Realty Is a unit of CSX Properties, a business group of CSX Corporation. t OOp R •a eE��W� �Y ,:.,.. 7737 2025 St T�--IDUO0 CSX INDUSTRIAL PARK RICHMOND, VIRa1 JlA+0091 t INCH : 300 FEET VICINITY SKETCH x 0092 re7rIFIrytq , 14 ZELLER INTERCHEM CORP. 11" �10 WAVERLY TEXTILE PROCESSING INC. IX ay�o ear O 00, 01- 1- ilk Pog'! CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: October 12, 1988 SUBJECT: ITEM NUMBER: __ 13 . H. 2 Policy for Funding Water and Sewer Lines to Existing Subdivisions COUNTY ADMINISTRATOR'S COMMENTS: CY SUMMARY OF INFORMATION: At an increasing rate, Chesterfield County is receiving requests to extend public water and/or sewer to existing subdivisions. The cost for these extensions has been significant and, in some situations, has amounted to $10,000 per house. The financing for these extensions has previously been incorporated into the Utilities Capital Improvement Program which, in turn,, is supported by the bi-monthly charges paid by individual users of the utility system as well as by connection fees. In fact, existing customers who paid the cost of installing water and/or sewer lines in the purchase price of the homes and paid to connect to public water and/or sewer service are also paying to support utility extensions to existing subdivisions. Both the Virginia State Code and the County Code offer viable alternatives for financing water and/or sewer service to existing subdivisions: the establishment of development and/or assessment districts. This alternative(s) would allow the County to extend service to areas in need while protecting existing customers of the utility system. BY: David H. Welchons Director of Utilities PREPARED ATTACHMENTS: YES O NO ji SIGNATURE: COUNTY ADMINISTRATOR 0 M Board Agenda October 12, 1988 Page Two RECOMMENDATION: Staff is recommending that extensions of water and/or sewer service to existing subdivisions not presently incorporated in the approved Utility Capital Improvement Program be financed through assessment districts, development districts or a combination of the two. Projects included in the approved Utility Capital Improvement Program are: Fiscal Year 1987-188 1) Hunters Ridge Area - 2) Glebe Point - 3) Stroud Lane - 4) Columbia Park - 5) Arsenal Hills - Fiscal Year 1988-189 6) Otterdale Park -Beckenham - 7) Musket Drive - 8) Courthouse Road - 9A) Plantation Estates (Partial Funding) Fiscal Year 1989-190 9B) Plantation Estates (Remainder) Fiscal Year 1990-191 10) Bellona Arsenal $1,376.000 $ 125,000 $ 33,000 $ 24,000 $ 36,000 $ 362,000 $ 132,000 $ 195,000 $ 311,000 $1,047,000 $1,145,000 0096 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA October 12, 1988 MEETING DATE: ITEM NUMBER: 13 . H. 3. SUBJECT: Authorization to Proceed with Condemnation for a Sewer Easement for the Hopkins Road Widening COUNTY ADMINISTRATOR'S COMMENTS: 4,eCV4 SUMMARY OF INFORMATION: Staff requests the Board to authorize the County Attorney to proceed with condemnation for a sewer easement across the property of Rose Mary Bowles and William M. Bowles. On September 20, 1988, an offer of $1,420.00 was made by the Right of Way Section to the above owners for the purchase of a sewer easement across their property. Since this offer has been refused and no counteroffer has been made, and since the installation of this line is needed to provide sewer where Hopkins Road widening will destroy drainfields, and for public health, safety and welfare, it is necessary to proceed with condemnation on an emergency basis. Staff will continue to negotiate with the owners in an effort to reach a settlement. PREPARED BY: ' "` Jp8l6ph E. BjeWk, Jr. Asst. ector of Utilities ATTACHMENTS: YES NO O SIGNATURE: () COUNTY ADMINISTRATOR o 9 b No Board Agenda October 12, 1988 Page 2 RECOMMENDATION: Staff recommends that the Board authorize the County Attorney to proceed with condemnation on an emergency basis and exercise immediate right of entry pursuant to Section 15.1-238.1 of the Code of Virginia, and that the County Administrator be instructed to notify the owner by certified mail on October 13, 1988 of the County's intention to take possession of the easement. DISTRICT: Dale 0097 VICINITY SKETCH HOPKINS ROAD MEADOW DALE SECTION G 0 JACKIE CC LOT 26 I LANE I LOT 5 5O'RfW i 11 ° 1-53'2l0" E'-30r,%(o0.0O' 1!0' PERMANENT EASEMENT !-LIO' CON5TRUCTION EASEMENT ROSE MARY BOWLES N 4 W IL-LIAM M. BOWLES `n 0.5. 5(08 PG.3<o1 or TAX MAP NO. 52.1lo •(I) -9 W U Z W a N LL Z ul m w I Z9 I o m d m N O m Z � N iI) � e +. Z m N N tl° 33 (o" •\ Z WOW Ntto5V2.G"W 132.0'--N11°33'2Co"W 154.8' r�PLrN�''ti.■ - STATE RTE. (057 - HOPKINS ROAD ` JAMB A WNlil 7 VARIABLE RlW CERMICAIL No 54-17.3w 867 f0 LAND 5v� PLAT OF 1Co' SEWER EASEMENT EAST OF STATE RTE. G57 - HOPKINS ROAD DALE DISTRICT - CHESTERFIELD COUNTY, VA. W 0 C7 r J u- Z 0 �w J N 0 ZWCc 0 CC rd d1.u-Z a NNv SCALE: 1" • 50' DATE: 13 JULY 1988 REV. 30 AUG. 1988 AUSTIN BROCKENBROUGH b ASSOCIATES CONSULTING ENGINEERS / LAND SURVEYORS CHESTER , VIRGINIA CHE -4514 0009 JOB # $7 - 88 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA October 12, 1988 MEETING DATE: ITEM NUMBER: 13 . H. 4 . a . SUBJECT: Approval of an Agreement for the Vacation and Re -Dedication of a Water Easement across the Property of Southgate Associates, A Texas General Partnership COUNTY ADMINISTRATOR'S COMMENTS: AffWV OM \ SUMMARY OF INFORMATION. Staff is requesting the Board to authorize the Chairman of the Board and the County Administrator to execute an agreement to vacate and re -dedicate a water easement across the property of Southgate Associates, A Texas General Partnership. This vacation and re -dedication is to correct an error in a previously recorded plat. BACKGROUMD: The partners of Southgate Associates, A Texas General Partnership have executed an agreement which will, when signed by the Chairman of the Board and County Administrator, vacate an existing water easement across the property of Southgate Associates, A Texas General Partnership and dedicate the easement in the proper location. ATTACHMENTS: YES NO C] SIGNATURE PREPARED BY: &A, u peeph E. cc,Jr Asst. rector of Utilities COUNTY ADMINISTRATOR {/10 Board Agenda October 12, 1988 Page 2 RECOMMENDATION: This has been reviewed by staff, and staff recommends that the Board approve the vacation and re -dedication of the water easement across this property. District: Clover Hill r'�01 VICINITY SKETCH %m� SUUIHUAIE ASSUCIATES SNR y1EM 1 0` C :RYou PO an • uPRa e� Vo s O -A c T ? s \ , uy o.. TOR �O ocauDET so .� ti. WP` ( SOv QQ aECfo"ON ! .32R •c OEM►N O �aj e , c'1'8�v� _•' ?c y_,Ch'� ~ • � T"�� t, �o • �4 •,pO p eqo En o c^ � yr rpa"� 2 i '4' • e � i � gJ "• � a � e � r yr4 �`OE 00 o Rt � ! i . : f,. r►F ♦ �p .4. a +0 MV q°< CT !: r•tir _ — a !� v`E'R cORV+V ~OL/ r ;00 4t tir y f+ O q !ON AIR gJ~ `r ; `a dP • O f ( ? P FOR WR.! i �' �e •�'" ti 'r, L� Pd p P 718 i O S 4 V R ° NE S O• ROBIOUS MALL�� r�� SHOPPING cT i 0R►•w '~ •G ? e .L• P CENTER ' MARMAO onml p p n L�Of O RO �,E % � • ! W Qa O�yOCK C+nJoe►s16�CT1 a GSO OR �J R : OP0.`g ' Rk od Cpf : O s �• O tP d� ' SHASTA R0 f t Oar u oW e NA NW c A'CO/ iI/C P hr9,1, / . R W"" 04 .'p Y •'� r iF LO r'r+ONf'G1 7 STATE L /nOL•sfr;o/ coMAc"y 0+ 04 .ram d• Ot. fart • • �� �g� \ 0++4'► `W * . .+� o } SfjFoRo O . rO c • ' T ■FARO �f~ro t �s a rP ro0 o A es1P•�\F.ec -� aNp1KE CCPROy/4Cfr THIANJJ .T• �g wr •4r i �+ P �9 a V ��i . a E.,ER►LD LA ` 1•ovER- =g 11 t A r4L 3 Po 2AR= R C y y e QQ- ON yONfS TROUT DAv�3u`7aNG ♦ ►Nf C+A°'.[..r r, ELE w. OR O RI A 2 C:P QL ire r C "Poe wyp `C OR Sc. C) `o•oKr of 6q�OG OOOr OR uR qfo •,0`CC' rt a as 30 P4; : ► . `~ O c rc�e^ ego Ca STD o O opt6+. ?f(O D Qr � O� P PROVIDENCE �AI=E NN M4RTniiEN 1 ; �OSSwn^0 j P f 4 O q0� OP ON SC" 1n �O egr ¢ `_' C �� • � . i � Z P^""a � o 4E M r • RO W REAMS ^► 2 r/4`• 2 a -� D n _ Ps O �J` CT Q iE1D+ •cR Sc • M4 N R W a I ` W 3 O Q t ' G y • r� Ap• •oi �s ♦ � �.� Af \ t 1 f �n9� oo STROUO LA �. 1 a '� eenr � y C r RpNAI TON q 4- � P • � R w•- C ai r�, 4 L �M� 3S C?•4 �� r �1�• .. ~ V P 4�P .qP •• y DillY ) J 2 ¢ � Y1 GO' ' COURSE E / c° G v i ( c .���NQRD ¢'►F c o 0 01aL S a o 4 < 00 q Q Q~ ;Est ,014 IT Q �� 0 a ir•i t ht � pR 4 C t f o � a •TE �O a�09 (C. 6 4T ,01 S a010 i� .t L1 r y /its OK 0••• SPnU M -q. 2S� s PlilDO 010, M M kN r 0 No7E.' 7�//S PG gT %ZEOCESEn/7S A .eEri/sio.J' of ,02/o? Lc/ATEoe 674S6MEA17' Re—g7 By ✓• •t'. 7/Mtilon/S ��ilSSOc. C. OATEO .SE/17. /S, /987 /LECo2060 1-/ 06EO8111=1,C /,9/9 AA06 /57L• � a ,Wr a N tll 0 a n � ��it/�oTN /.t/o�eEas E'G,C FSS EsyT ES 5A¢ 28.�(�/� oke o,tc i82 P,AapEE�� PGA 7 .5.-,/o by //✓G .S/X7EEA/ (/G ) Fool FoA WA7E2GlvE EA S6M E^v T A ,=A o8S Tr/E owo oeary oF" So u7ii/GA TE ASSo ciq 7'ES /A/ ee*Ve,e f1/66 D/ST?iGT 6,0 GNESTE/tF/ELo Co,, ✓/.e d/ti//sl DATE SEP7 /4. /098 Dewberry & Davis f(:�.)1 r 0 t SCALE /"= ao — ; SURVEY NO. Architects 9200 Arboretum Parkway •f PROJ. NO. Engineers Suite 130 Richmond, Virginia 23236 1'IBLD HOOK /83 Planners (804) 330-2696 DEED BOOK/PAGE Surveyors DRAWN BY ►eldls,VA Menlatown.TN Menesraa,VA DNUmon,ldD Daltharbure,MD Mlchmond,VA CHECKED DY G• G. Annevolle, MD Mleleh, NC Msdon, VA Danvlll•. VA Landover, MD Woodbridge, VA CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA October 12, 1988 MEETING DATE: ITEM NUMBER: 13.H.4.b. SUBJECT: Approval of an Agreement for Re -Dedication of a Water Easement of Chesterfield Mall Associates, Partnership COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION : the Vacation and across the Property A Virginia General The partners of Chesterfield Mall Associates, A Virginia General Partnership have executed an agreement which will, when signed by the Chairman of the Board and County Administrator, vacate a portion of an existing water easement across their property and dedicate the easement in the proper location. This vacation and re -dedication is to correct an error in a previously recorded plat. RECOIKEWATION: This has been reviewed by staff, and staff recommends that the Board approve the vacation and re -dedication of the portion of the water easement across this property. District: Midlothian PREPARED B ATTACHMENTS: YES r NO ❑ SIGNATURE: (�o COUNTY ADMINISTRATOR ()104 VICINITY SKETCH i ?t O 8 RAY3MORM O.Jo Z m ors ��r} 3,tres ® \Y 'o zi e g; r.m Z;- I / / / (n W h-- Q U O V / ^ in N J Q a J a J I m Q N ti i a N � J � � W_ E 6 Of W F— In W U U z J w ~ U cr- W O a- W O `� LL Q >- Q O sou W F— = a lOf Lij waN W d O��� z Q OfE3 CC G N m O <ilZ O � Q N W �'r^� V � W J W f5\O3� p N F W (n z (%) t U < < Y O � ry a- 0 Cn Q W I.._ X F- U Q F- QJ LJ w Z N W W W � N �i! w < W 3 3 � H � •n Q z F W N n 1TT" 1 � I Il < w 3 z o io z X a `+1 z N m X I w O CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA October 12, 1988 MEETING DATE: ITEM NUMBER: 13.H.4.c. SUBJECT Approval of an Agreement for the Vacation and Re -Dedication of a Drainage Easement across the Property of Norris E. Jones, Jr., Inc., A Virginia Corporation and M & G Associates, A Virginia COUNTY ADMAURR � oCOMMENTS: SUMMARY OF INFORMATION: The President's of Norris E. Jones, Inc., and M & G Associates have executed an agreement which will, when signed by the Chairman of the Board and County Administrator, vacate an existing drainage easement across their property and dedicate the easement in the proper location. This vacation and re -dedication is to correct an error in a previously recorded plat. KJSC:U U 1MUAT1UIY : This has been reviewed by staff, and staff recommends that the Board approve the vacation and re -dedication of the drainage easement across this property. District: Matoaca ATTACHMENTS: YESlp PREPARED BY; NO 0 .%--N.. -" I Asst. ector of� Utilities SIGNATURE:( COUNTY ADMINISTRATOR 0107 VICINITY SKETCH NORRIS JONES, JR„ INC AND M&G A CIATES 0105, ATTU N/F PIE TM 163-13 (1) 34 IDS IBia-sv- N M N/F WILSON o TM 163-1 (1) 20 M Tk DO130T-15T v� P� `co Of O .s 3e So z 4 oN/qC 4 NF/GNTs / 4 N/F WATSON TM 163-1 (1) 22 DO 1306-815 N/F WATSON TM 163-111123 N/F GORD DS 9T6-550 TM 163-1 111 11 DO 128-2 EXISTING DRAINAGE EASEMENTS RECORDED IN DB.1918, p 1632. PLAT OF i.NLjHU!"�,�� 16' DRAINAGE EASEMENTS ACROSS THE PROPERTY OF JONES, N.E., JR and A�e . C M R G ASSOCIATES MATOACA DISTRICT PSI No. 1324 CHESTERFIELD COUNTY, VIRGINIA s._ URv_ SCALE: 1" - 100" AUGUST 30, ISM CHARLES C. TOWNES 3 ASSOCIATES, P.C,. CIVIL ENGINEERS PLANNERS LAND SURVEYORS RICHMOND VIR61NIA DRAWN BY RCE HJH F/8 99- COMPUTED BY JON OTOW T/M APPROVED BY �rl�ly CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA October 12, 1988 MEETING DATE: ITEM NUMBER: 13.H.4.d. SUBJECT; Acceptance of Deed of Dedication along Lynchester Drive from Richard E. Collier and Sarah H. Collier COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Staff requests the Board to accept the conveyance of a 5' and variable in width strip of land along Lynchester Drive from Richard E. Collier and Sarah H. Collier, and authorize the County Administrator to execute the necessary deed. BACKGROUND: It is the policy of the County to acquire right of way whenever possible through development to meet the ultimate road width as shown on the Plan 2000. The dedication of this right of way conforms to that plan. RECOMMENDATION: Staff recommends that the Board accept the conveyance of this right of way and authorize the County Administrator to execute the necessary deed. DISTRICT: Clover Hill PREPARED BY' T. vvv sst. D' for of 4 Utilites ATTACHMENTS: YES r NO O 4)(SIGNATURE: C4 COUNTY ADMINISTRATOR OI J0 VICINITY SKETCH m U. S. ROUTE 3E N U LL STREET Raw R- 40.00' N 74.0I' Off' E L - 3 I.42' 90' R- 35.00' L-- g4.03' �csr-�. pPFpa Z.Os2,.00� -� 0 00 Q? � 0 N 0 N -h a0`f vo h x r V- T FXtST,t.1h ww uNE ROCKWOOO OFFICE r--ARK RICNARD E. COLLIER ZONE-0 - G. V. P. 0. TAXI 50•-05-04-0G- 00411-00e^ � fS IV v - - Z N i' 0 RICNARD E. COLLIER �/ 8 FALIING CFtEF—V' 2, 3 0 SEC, C %U<AA LfDTG x 0 zoNW-p - R-15 n TCJC ''k SO- OS'04-OG' 00/{- 001- PLAT C)F VP.RI �.B W 1�1l-1 �TR1 P OF uU�tC� TO 13�. Dc C71 CPTED -Cn G4-FESrt1=F2�1ELD C1J•, VIFZC�1t�11A. c AS ADDt-nOt`�AL RI�I-IT- Off- �lt�.'( N89*'SWT'V5B 1 U s.ao• / ,�c,�^�G cq�o �or�tC� L_YIJGt-4ESTEFZ �R1�lE o�� yK��� 1-1ULL. STREET ��� 8 1 04'..b?' g 3 OC. DATE: PJJG. 5,1988 DRAWN BY: ppj3, SCALE: V = SO BY: L FO BOOK NO.: O��Y AL f 1! OF Gr'P 0 LELAND F DySARO a r LL �f reol'pe Stephens Associates CL R TI f11 CATE NO. An Jffice Of 1587 Paciull.i, Simmons & :Associates, Ltd. tgNU 00 11h Virl;ini:� Sl.rcct., vichmond, VA .'.3219 SIIRV (804) 648-0565 N00311 FILE NO. 01 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA October 12, 1988 MEETING DATE: ITEM NUMBER; SUBJECT: Acceptance of Deed of Dedication along Highway and Dundas Road from Breez-In Virginia General Partnership COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION. 13.H.4.e. Jefferson Davis Associates, A Staff requests the Board to accept the conveyance of a 5' strip of land along Dundas Road and a 12' strip of land along Jefferson Davis Highway from Breez-In Associates, and authorize the County Administrator to execute the necessary deed. BACKGROUND: It is the policy of the County to acquire right of way whenever possible through development to meet the ultimate road width as shown on the Plan 2000. The dedication of this right of way conforms to that plan. RECOMMENDATION: Staff recommends that the Board accept the conveyance of this right of way and authorize the County Administrator to execute the necessary deed. DISTRICT: Bermuda PREPARED BY' ep r . Asst. Di ctor of Uti ites ATTACHMENTS: YES �O NO 0 SIGNATURE: COUN Y ADMINISTRATOR VICINITY SKETCH AFFFFRON DAVIS HIGHWAY %0 oU.Iv4D,4 5 S 79 v h 4 L • GZ.83'� ' O 2 N v' 5 h u--- �V fAro , Q� a) P4 c o + N 0 0) W Ian >;eo \ � . by grow 8 to ; .q �S• Q O N � \ \ {tl 11 C :0� � > � 9 /O QC � © Go_ I --- Eki3r. ice' 11 �� 3EWEe E-IM'T. Q m 11 O T X No, 53 - /50) 3 - //, f Plat Showing Right of Way to be Dedicated to County of Chesterfield across Lots 4 thru 10 and part of 3 and Part of Vacated Street, Block B, Village of Bensley Bermuda District Chesterfield County, Virginia PREVIOUS JOB No. WALTE1111i ALTMA No. 1363 Arj) SVAV O J. K. TIMMONS & ASSOCIATES, INC. ENGINEERS -SURVIVORS• PLANNERS 711 N. COURTHOUSE RD. RICHMOND, VA. 9903 STAPLES MILL RD. HENRICO CO, VA. 14000 STEEPLESTONE DR. MIDLOTHIAN,VA, DATE• OC%. /O i9BG BCALe, 1"-4O' DRAWN BY- L4,F0 CHECKED 9Y- W.M. A. IIL JOB No. 4. in CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA October 12, 1988 MEETING DATE. ITEM NUMBER: 13.H.5. SUBJECT Report of Water and Sewer Contracts by Developers COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The following water and sewer contracts were executed by the County Administrator: 1. U88-202D Brighton Place Midlothian Developer: P & L Company Contractor: Castle Equipment Corporation Number of Water Connections: 16 $14,060.00 Number of .Sewer Connections: 16 $33,799.25 2. U88-216D Saddle Hill at WoodLake Clover Hill Developer: Investors Woodlake Development Corporation Contractor: R.M.C. Contractors, Inc. Number of Water Connections: 36 $32,970.00 Number of Sewer Connections: 36 $65,181.00 3. U88-193D Huntingcreek Hills - Section "F" Dale Developer: Simmons Associates Contractor: Shively Enterprises, Inc. Number of Water Connections: 17 $15,055.00 Number of Sewer Connections: 17 $23,260.10 PREPARED BY; - 4114f J David H. Welchons ATTACHMENTS: YES O NO l� Director of Utilities SIGNATURE: C4� COUNTY ADMINISTRATOR FWi CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA REPORTS October 12, 198: MEETING DATE: REPORT ON: Status of General Fund Contingency Account, General Fund Balance, Road Reserve Funds, District Road and Street Light Funds, Lease Purchases and School Board Agenda 9 ATTACHMENTS: YES �* NO C3 SIGNATURE: COUNTY ADMINISTRATOR m m CHESTERFIELD COUNTY STATUS OF GENERAL FUND CONTINGENCY ACCOUNT October 6, 1988 Date Department/Description Amount 07/01/88 Original FY89 Budget Appropriation 06/08/88 Planning - Chester & Courthouse Road Plan $100,000.00 Balance $100,000.00 A ME tf1� � Board Meeting Date 07/01/88 06/08/88 07/27/88 08/24/88 09/14/88 09/28/88 CHESTERFIELD COUNTY GENERAL FUND BALANCE October 6, 1988 Description FY89 Budgeted Beginning Fund Balance Planning - Chester & Courthouse Road Plan Schools - Management Study Debris Landfill Inspection Program - Landfill Inspector position with associated costs and contractual costs Fire - Three CT positions, benefits, training costs, supplies, etc., for Matoaca Fire Dept. Christmas Mother Program - Addi- tional donation (making total donation $3,500 for FY89) * Unaudited Amount Balance $9,403,300*- $10,000 9,393,300 76,500 9,316,80Q 65,346 9,251,460 122,204 9,373'i6l 500 9,373,160 m m CHESTERFIELD COUNTY ROAD RESERVE FUNDS October 6, 1988 Board Meeting Rt. 36 Rt. 10 Date Description Ettrick Chester 05/09/84 Route 36 Ettrick - Appropriated for design contract with VDH&T $ 150,000 10/10/84 Route 10 - Design work for widening through Chester $ 350,000 10/10/84 Route 36 Ettrick - Additional funds for design contract with VDH&T 165,000 08/28/85 Route 36 Ettrick - Transferred General Funds to Ruffin Mill Road project (133,000) 08/28/85 Route 36 Ettrick - Use of Revenue Sharing funds 133,000 03/12/86 Route 36 Ettrick - Reduce Revenue Sharing and add back General Funds 0 03/12/86 Route 10 - Reduce General Funds and add Revenue Sharing Funds $133,000 0 05/28/86** Route 36 Ettrick - Appropriate Reserve funds 2,500,000 05/28/86** Route 10 - Appropriate Reserve funds 1,485,000 Total Project Appropriation 2,815,000 1,835,000 * $4,500,000 was reserved 7/1/84 for these projects. **Chester project loaned the Ettrick project $165,000 5/28/86. On 8/27/86 this loan was repaid through Revenue Sharing Road Match Funds. m m N 0) (V N H 00 r-I ul U 01 r-I (Y) N LO to � M M CDH (Y) 01 , . . , ► r--1 A rI H 00 00 0) N 0) UI O O l0 l— d' d' a ro rd l0 w 0) 00 l0 O r-I 44 41 N � O O O O O O O Ui N ri O N O O O O A +J O m O O O O w a H p., a � OD E-+ oo Wrn W ri Ua rci � M W O O 00 z A H Ln N a 1 C: N N N ra O A r4 O O O O O W' a N N Ln d' O U rd G4 d' NM H rd a E-H O ►�� a -ri o 0 0 0 0 A +J O O O O O +1 0) •r•i Ln to Ln to LIl 00 a r-I r-I r-I � r i Q, wo z a � a a to 41 S4 74 M N w d' O N NJ Ln r-I O N Q >4O �4 >1 O ri r--I M z .Cl O i4 .r-I 74 P �4 td a� a rcl ri rd r� b o 4J 41 E D O O r-i 0 A ay U A z u m I Prepared b" Accounting Department September W, 1988 SCHEDULE OF CAPITALIZED LEASE PURCHASES Original Date Date Lease Lease Lease Outstanding Purchase Purchase Purchase Balance Description Amount Began Ends 06/30/88 Major Capital Facilities Lease Purchase: Jail Addition Data Processing, Human Services, Courts Building $ 245,385 10/87 12/01 $ 233,940 1,839,219 10/87 12/01 1,753,436 4,489,377 10/87 12/01 4,279,988 16,796,019 10/87 12/01 16,012,636 23,370,000 22,280,000 Vehicle and Communi- cations Mainten- ance Building Subtotal Major Equipment Lease Purchase: Communications Equipment: 800 MHz System 800 MHz Equip. - Rescue Squads Sheriff Fire Vehicles Fire Equipment A T & T Phone Equip. Mobile Radios - Police Automatic Call Distributors Subtotal 1,000,000 9/82 24,370,000 2,888,682 10/84 6/90 329,414 22,609,414 7/91 1,349,034 85,137 6/88 6/93 85,137 139,963 6/88 6/93 139,963 1,558,449 6/88 6/93 1,558,449 217,100 6/88 6/93 217,100 946,351 6/88 6/93 946,351 762,170 12/86 6/91 469,657 189,897 12/86 6/91 119,662 6,787,749 4,885,353 Original Date Date Lease Lease Lease Outstanding Purchase Purchase Purchase Balance Description Amount Began Ends 06/30/88 Leaf pickup equipment 214,819 12/86 6/91 127,991 Data Processing equipment 1,436,641 12/86 9/89 260,591 Accounting System 250,000 10/84 9/91 117,307 Voting Machines 132,800 7/85 6/90 53,106 Subtotal 2,034,260 558,995 Routine Equipment Lease Purchase: Microfilm Equipment 75,640 4/85 3/90 25,724 Vehicles: Schools 290,068 7/87 6/92 215,189 Copiers 43,250 12/83 8/92 31,836 Utilities Copier 14,960 7/84 6/89 2,642 Airport: Fuel Truck 22,907 12/86 6/91 13,663 Mowing Equipment 9,989 12/86 6/91 6,294 Subtotal 456,814 295,348 TOTAL $33,648,823 $28,349,110 01z.� CHESTERFIELD COUNTY PUBLIC SCHOOLS CHESTERFIELD, VIRGINIA School Administration Building 9900 Krause Road Chesterfield, Virginia 23832 A. B. C. D. E. October 11, 1988 5:30 p.m. School Board/County Council of PTA Executive Board 5:30 - 7:00 p.m. School Board Room C SCHOOL BOARD MEMBERS Mrs. Maria Keritsis-Chairman, Clover Hill Jeffrey S. Cribbs-Vice Chairman, Midlothian William H. Goodwyn, Jr., Bermuda Griffin R. Burton, Dale Mrs. Jean Copeland, Matoaca E.E. (Gene) Davis, Ed.D., Division Superintendent AGENDA Regular Meeting of the School Board 7:30 p.m. Call to Order, Roll Call, Flag Salute - Mrs. Keritsis, presiding. Cub Scout and Boy Scout Pack Troop 865 Acceptance of Minutes September 27, 1988 (Regular School Board Meeting) Agenda Approval Awards and Recognitions #41 - Recognition of Summer Geography Institute Participants, Patti Sutton and Gail Wallace Superintendent's Report 437 - School Board Policy Manual Revision/Update Status Report #32 - Latchkey Task Force Report - Office on Youth, Chesterfield County #38 - Monthly Financial Report for August, 1988 (to be delivered Tuesday) #39 - FY90 Budget Development Guidelines and Calendar (to be delivered Tuesday) #36 - Spring 1988 Standardized Test Results M #43 - Response to Request Regarding Technology Financing and Procurement Resolution and Agreement F. Action Items 1. Consent Agenda Personnel #34 - Recommended Personnel Action for 1988-89 Business and Operations #26 - Approval of Extra -Curricular Activities 1988-89 #35 - Construction Change Orders for Chester Middle School #42 - Matoaca Middle Construction Award (to be delivered Tuesday) G. Non -agenda Items H. Discussion Agenda. (No public testimony will be accepted on discussion agenda items.) J. Announcements, Communications, School Board Comments K. Executive Session (personnel, legal, land/property acquisition) L. Adjournment General Information The Chesterfield School Board meets on the second and fourth Tuesday of each month with the exception of July when it meets on the second Tuesday, August when it meets on the fourth Tuesday, November when it meets on the third Tuesday, and December when it meets on the second Tuesday. The meetings begin at 7:30 p.m. All meetings are open to the public and are held in the Board Room of the School Administration Building, 9900 Krause Road, Chesterfield, Virginia. If the place or time is changed, the public will be notified. Following is the procedure by which the public may speak before the School Board at any of the above meetings: 1. Persons wishing to be heard on action items must notify the Superintendent's Office by 2:00 p.m. on the day of the meeting. 2. Persons who have requested to offer public testimony will be heard when each item is considered. 3. Persons to be heard on non -agenda items will be heard during the specified section of the meeting. 2 M M 4. It is requested that an individual conduct his/her presentation in three minutes; representatives of a group may speak for five minutes. 5. Public delegations. (Public delegations or their representatives are required to submit in writing their requests for hearings and their proposals to the Division Superintendent at least five days prior to the meeting at which they wish to be heard.) M CHESTERFIELD COUNTY PUBLIC SCHOOLS CHESTERFIELD, VIRGINIA School Board Meeting Minutes for September 27, 1988 The regular meeting of the Chesterfield County School Board was held on September 27, 1988, at seven thirty o'clock in the Board Room of the School Administration Building. Present: Maria Keritsis, Clover Hill; Jeffrey S. Cribbs, Midlothian; Griffin R. Burton, Dale; William H. Goodwyn, Jr., Bermuda; Jean Copeland, Matoaca; Dr. E. E. (Gene) Davis, Superintendent; Dr. Ann Fuqua, Assistant Superintendent for Instruction; Thomas R. Fulghum, Assistant Superintendent for Operations and Facilities; Ralph Westbay, Assistant Superintendent for Finance; Dr. Joyce Luck, Acting Assistant Superintendent for Human Resources; and Pat Bartlam, School Board Secretary. Absent: Dr. Carl Chafin, Managing Director for Planning and Evaluation; Debra Marlow, Director for Community Relations. The Pledge of Allegiance to the Flag of the United States of America was recited. Mrs. Keritsis recognized members of Brownie Troop 586. Mrs. Copeland moved that the minutes of the September 13, 1988, meeting be approved as presented; Mr. Burton seconded the motion, and the minutes were approved. AGENDA APPROVAL Dr. Davis requested approval to add Memorandum #40, Bids for Four High School Site Improvements under Business and Operations. Mr. Cribbs moved acceptance of the agenda as amended; Mr. Goodwyn seconded the motion, and it was approved. AWARDS AND RECOGNITIONS randum #14 - icidatina in th Fel 1 Mr. Bill Townsend, Director of Vocational and Adult Education and Alternative Education, gave a description of the Ameurop Cultural Relations program which involves American high school students who are enrolled in vocational education programs and young Germans who are participating in apprentice training programs in the Federal Republic of Germany. The students and apprentices live with host families who help them adjust to family, business and cultural life in another country. Mr. Townsend introduced Robert Smith from Thomas Dale High School who participated last spring. He then introduced the following apprentices who arrived in early September: Jorn Packheiser, Torsten Hornow, Kai Ruge, Maren Eggers, Christian Milaster, Sandra Schuster, Jorg Sommer, and Karen Hellman. These students in turn introduced their host family and told a little about themselves. Mrs. Keritsis and Mr. Cribbs presented each young person with a Chesterfield County bookmark. Memorandum #33 - Recognition of National School Bus Safetv Week The Honorable Gerald L. Baliles, Governor of Virginia, officially recognized September 18-24, 1988, as VIRGINIA SCHOOL BUS SAFETY WEEK. Mr. Fulghum stated it is very appropriate that the Chesterfield County School Board and School Administration acknowledge and support the spirit of Governor Baliles' proclamation. Dr. Davis shared his experience of riding a school bus to recognize this special week. Mrs. Keritsis read Governor Baliles' proclamation. SUPERINTENDENT'S REPORT Memorandum #22 - Monthly Financial Report for July. 1988 The monthly financial report summary for July, 1988, was presented. Memorandum #25 - Capital Projects Status Report The monthly construction update of 1985.capital projects was presented. Memorandum #32 - Latchkey Task Force Report A copy of this report was presented for information to the Board. The Board requested that Mrs. Alice Heffner, who coordinates the Latchkey Task Force, attend the October 11, 1988, Board meeting to respond to questions relating to this survey. ACTION ITEMS Mr. Goodwyn moved to act on Memoranda #27, #28, and #29 as a block. This motion was seconded by Mr. Cribbs and approved. Mr. Cribbs moved the following memoranda be approved; Mr. Burton seconded the motion, and they were approved: Memorandum #27 - Recommended Personnel Action for 1988-89 It was recommended that the School Board approve the personnel actions as listed and authorize the Superintendent to offer contracts, make assignments, approve appropriate salary placements in accordance with adopted salary scales -or give appropriate notice of the action taken. Memorandum #28 - Construction Change Orders for Ettrick Elementary School It was recommended that the School Board approve the change orders in the amount of $22,780.12 and authorize the Superintendent to implement the changes. 2 1AI lh4 *d Memorandum #29 - Request Approval of Petty —Cash Reimbursement for August, 1.988, Dishursements It was recommended that the School Board authorize the Superintendent to request reimbursement of the petty cash fund for the month of August, 1988, in the amount of $113.63. Memorandum #30 - Health Insurance Plans - 1989 Mr. Westbay stated the bidding process for health insurance began last March. A committee comprised of three school board administration employees and three county administration employees was assisted by the firm of Martin Segal Company to review and evaluate responses to a request for proposal for employee health insurance plans for the calendar year 1989. KeyCare was the only response to the preferred provider. organization (PPO), while Equicor, PruCare, Aetna Choice, and Southern Health responded to the Health Maintenance"Organization (HMO) proposal. Aetna Choice withdrew its proposal from the HMO options just yesterday. KeyCare has given a stipulation this year that 35% of eligible employees minimum enrollment must be retained; additionally, the rate increases for KeyCare are significant and the benefits are being reduced. Employees who choose KeyCare will be asked to give a second option in the event there is not sufficient enrollment to retain the plan. The health plan anniversary date was changed from October 1 to January 1 to reduce the activities required during the opening of school and so that the IRS Section 125 Benefit Plan will be enhanced by using a calendar year format. The County and School Division are trying to be consistent in their health care programs. Mr. Burton asked how the School Board and Chesterfield County compare to other counties; Mr. Westbay answered that everyone is in the same position. Mrs. Keritsis asked if changing the commencement date from October to January would cause a lapse in coverage. Mr. Westbay assured the Board a contract had been signed to continue the plan. Also, those employees who have "pre-existing conditions" will be transferred to a new plan if necessary during the open enrollment period. Mr. Goodwyn moved that the School Board (1) authorize the Superintendent to sign contracts for KeyCare, Equicor, PruCare and Southern Health for the calendar year 1989, and (2) to amend the Flexible Compensation Plan by changing the plan year commencement date from October 1, 1988, to January 1, 1989. -Mrs. Copeland.seconded the motion. Mr. Cribbs asked that (1) we wait until the enrollment period is completed and then recalculate or -reduce the cost to the employee if possible; (2) the staff make certain the County and School System's plans are comparable; and (3) we provide descriptions of what is available in each of the plans and the advantages and disadvantages of each of the plans. The motion was approved. Mr. Westbay stated there would be four open enrollment meetings and comparison sheets would be distributed before these meetings. 012e 3 Memorandum #k31 - Technology Financing and Procurement Resolutions and Agreement The 1988 General Assembly endorsed technology recommendations of the Commission on E-xcellence in Education by approving an equipment procurement and financing program. In addition, Senate Bill Number 113 amends the Code of Virginia to establish the electronic classroom statewide by July 1, 1990. the Virginia Department of Education and the Office of the Secretary of Education requests the Chesterfield County School Board and the Chesterfield County Board of Supervisors to commit participation in the 1988-89 Governor's Educational Technology Initiative: Procurement and Financing Program. The General Assembly has allocated and committed funds for the first two years payment of the debt. It is required that the School Board pass a resolution to participate; the Board of Supervisors pass a resolution; and the Commonwealth would then bond for these monies. If future General Assembly actions do not maintain the appropriations for debt service, that could translate into approximately $85,000 per year for four years for Chesterfield County Public Schools. Or. Fuqua told the Board this opportunity provides the School System with a step forward in the technology area. Technology is now and will be in the future a major part of the instructional program. Mr. Cribbs asked (1) how long is the debt service period and (2) who owns the assets? Mr. Westbay answered the debt service period is five years and that he has not seen the ownership issue addressed, but he is fairly certain it would be the school division. Mr. Cribbs asked that it be clarified as in the case of colleges and universities, the Commonwealth of Virginia owns the asset at the conclusion of the purchase. Mr. Cribbs stated he is supportive but feels we should be cautious; a capable maintenance staff is needed to service this equipment. Mr. Burton stated he feels the Board needs more information before making a final decision. Mr. Westbay responded this proposal has to be submitted by Friday, October 14, so this is the only opportunity for the Board to approve and forward this request and resolution to the Board of Supervisors so they might act on it at their meeting October 12. Mr. Cribbs stated the Board could refuse to accept this but could go ahead with the memorandum of agreement and the resolution. Mr. Burton moved that the Board authorize the Superintendent to sign the memorandum of agreement at Attachment A; Mr. Cribbs seconded the motion and it was approved. Mr. Burton moved approval of Attachment B, which is the School Board Resolution; Mrs. Copeland seconded the motion, and it was approved. Mr. Cribbs asked Mr. Westbay to see if a blanket resolution might be created by legal counsel that covers the County's participation so that only a drawdown be asked on a total authorization rather than each time a dollar amount. 4 /M M M Memorandum #40 - Bids for Four High School Site Improvements Mr. Fulghum stated bids were received for Phase I site improvements on September 20, 1988 that were funded in the 1985 Bond Issue, namely Manchester, Matoaca, Meadowbrook and Thomas Dale High Schools. Design engineers final construction cost estimate for all of the listed projects was $994,000; the low bid was $1,650,000. The design engineers and construction staff have analyzed the bids, reviewed the final estimates and have concluded that the bids are not acceptable. This action is not expected to interfere with plans to complete the projects prior to September 1989. Mrs. Keritsis asked if the projects will be bid as presented in the beginning or will anything be trimmed when they go back out? Mr. Fulghum stated it is not the recommendation of the staff to reduce the scope of the projects. Mrs. Copeland stated it is important to make clear that these projects will be completed as indicated from the 1985 bond referendum. Mrs. Copeland moved that the School Board reject the bids received on September 20, 1988, and authorize the Superintendent to combine Phase I and Phase II projects and put them out for rebid; Mr. Goodwyn seconded the motion, and it was approved. ANNOUNCEMENTS. COMMUNICATIONS, SCHOOL BOARD COMMENTS Mrs. Keritsis announced that in a continued effort to enhance communications within the County and with the members of the Board of Supervisors it has been suggested that quarterly meetings be scheduled between the two Boards. After discussion, it was decided to ask the Board of Supervisors if October 20, 1988, at 10 a.m. would be favorable for a meeting. It was announced that the County Council of PTA officers would meet with the School Board from 5:30 to 7 p.m. on October 11, 1988, and the Gifted and Talented Advisory Committee will meet with the Board from 5:30 to 7:00 p.m. on November 15, 1988. Mr. Cribbs invited anyone who would like to attend the Clover Hill/Midlothian-Communication Network on Thursday, October 13, 1988 at 7:30 p.m. at Watkins Elementary School. Mrs. Keritsis stated that the elected delegate and alternate (Mrs. Keritsis and Mr. Cribbs) to the VSBA Annual Convention, along with the rest of the Board, were not able to attend the Convention at the Homestead. She asked that the Board try to attend the VSBA Leadership Meeting in Charlottesville on November 11, 1988. Dr. Davis stated that Secretary Bennett's statement was included in the Leader Letter which goes to approximately 1200 citizens in Chesterfield County. Mr. Burton moved the Board enter executive session as prescribed by §2.3- 344(a), Code of Virginia, 1950, as amended to discuss property acquisition; Mrs. Copeland seconded the motion and it was approved. 5 At 11:05 p.m., the Board ended executive session and session. No action was taken. Mr. Burton moved that adjourned; Mr. Cribbs seconded the motion, and the meeting was entered regular the meeting be adjourned. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA REPORTS MEETING DATE: October 12 1988 REPORT ON: Roads Accepted into the State Secondary System ATTACHMENTS'. YESxQX NO 0 SIGNATURE: COUNTY ADMINISTRATOR 17 RAY D. PETHTEL COMMISSIONER da GPW®,� COMMONWEALTH H of VIRGI IA DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND, 23219 September 28, 1988 Secondary System Additions Chesterfield County Board of Supervisors County of Chesterfield P. O. Box 40 Chesterfield, VA 23832 MEMBERS OF THE BOARD: OSCAR K. MABRY DEPUTY COMMISSIONER As requested in your resolution dated November 25, 1987, the following additions to the Secondary System of Chesterfield County are hereby approved, effective September 27, 1988. ADDITIONS LENGTH WOODFIELD Route 3830 (Apple Orchard Road) - From Route 650 to a West cul-de-sac. 0.20 Mi. Route 3831 (Apple Orchard Terrace) - From Route 3830 to a North cul-de-sac. 0.04 Mi. Route 3832 (Apple Orchard Court) - From Route 3830 to a North cul-de-sac. 0.14 Mi. Sincerely, Oscar K. Mabry Deputy Commissioner f ► 1,3$ TRANSPORTATION FOR THE 21 ST CENTURY CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA MEETING DATE: October 12, 1988 ITEM NUMBER: 13. B. SUBJECT: Authorization for the County Administrator to contract with Health Care Providers for the County's Health Care Program for the 1989 Calendar Year; and to Amend the County's Flexible Compensation Plan from an October 1 - September 30 to a Calendar Year Cycle. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: County and .drool Board staff, after an extensive bid process, recommend 'Che following carriers to provide health care plan options for County and school employees for the 1989 calendar year: Equicor Health Plan, Inc., KeyCare (Blue Cross/Blue Shield), Southern Health Services, and PruCare of Richmond. Equicor, PruCare and Southern Health E;.re Health Maintenance Organizations (HMOs), and KeyCare is a Preferr uu Provider Organization (PPO). On August 12, 1987, the Board of Supervisors adopted the Flexible Compen- sation Plan urr`ter the provisions of Section 125 of the Internal Revenue Code T',"licr permits employees to pay for their portion of health care premi.un;:; out of gross compensation prior to application of taxes. At that time a plan year of October 1 to September 30 was established. However, contracts with all health care providers have been changed to a calendar year basis. In order to comply with provisions of Section 125 of the IRS Code, it is necessary to amend the plan to establish a calendar year plan cycle. RECOMMENDED ACTION: Authorize the County Administrator to execute health care plan contracts with Equicor Health Plan, Inc., KeyCare (Blue Cross/Blue Shield), Southern Health Services, and PruCare of Richmond; and to Amend the Chesterfield County Flexible Compensation Plan from an October 1 - September 30 plan year to a January 1 - December 31 plan year. PRER4RED BY: _D711� F. W. Will's Jr., Director Human Resource Management ATTACHMENTS: YES 15 NO 92 SIGNATURE: COUNTY ADMINISTRATOR t)03!i CHESTERFIELD COUNTY Flexible Compensation Plan ARTICLE I PURPOSE This document constitutes the County of Chesterfield's Flexible Compensation Plan. The Plan is established pursuant to Section 125 of the Internal Revenue Code of 1954 pertaining to cafeteria plans. The purpose of the Plan is to enable Employees to direct the Employer to purchase coverage for them in exchange for an equivalent reduction in the amount of compensation that would otherwise be payable to such Employees. - 1 - t ARTICLE II DEFINITIONS 1. "Benefit Cost" means the cost of benefit coverage under one (or more) of several health benefit plans approved by Chesterfield County which a Participant is required, as a condition for coverage, to defray. The amount of the Benefit Cost shall be determined by the Employer in accordance with the terms of the contracts negotiated with such health benefit procedures, insurance carriers, or -other similar entities. 2. "Benefit Coverage" means the Medical or Dental insurance coverage provided by the Employer. The coverages and conditions for eligibility are described in the Summary Plan Description Booklet for each respective Plan. 3. "Carrier" means any insurance carrier, Health Maintenance Organization (HMO), Preferred Provider Organization (PPO), third party administrator, or health care provider with which the County contracts for Benefits Coverage for its employees. 4. "County" means County of Chesterfield, Virginia and the Chesterfield County School System. 5. "Code" means the Internal Revenue Code of 1954 as amended. 6. "Employee" means any person designated as full time gtaff of the Employer, who -has been designated by the Employer as an Employee under this definition, excluding persons employed on a special or consulting basis, persons compensated on a commission or fee basis, temporary agency personnel and independent contractors. 7. "Employer" means the County of Chesterfield, Virginia and the Chesterfield County School System. 8. "Plan" means the County of Chesterfield Flexible Compensation Plan, which is set for the in this document and is intended to constitute a separate written plan for the exclusive benefit of Employees, under which all participants have the opportunity to select Benefit Coverage. 9. "Plan Year" means a twelve-month period ending on December 31 during which benefit coverage is provided. e - 2 - ARTICLE III PARTICIPATION Section 1. Eligibility Each Employee is eligible to participate under this Plan. Eligibility for the purpose of coverage shall be determined under the terms of the contract entered into with each respective Carrier. Section 2. Enrollment Election An Employee may elect, on a form approved by the Employer, health care coverage in accordance with the terms of the respective aggeements with selected carriers, and shall have Benefit Costs paid in accordance with the terms of this Plan. Section 3. Revocation of Election Once an Employee elects coverage such elections may not be voluntarily revoked prior to the end of the Plan Year. However, an Employee may change his election after coverage has commenced and make a new election with respect to the remainder of the Plan Year if the new election is on account of and consistent with a change of family status, such as, marriage, divorce, legal separation, death of a spouse or child, birth or adoption of a child or dependent leaving the household as the result of a custody agreement, or the employment change of the spouse which effects his/her eligibility for benefits under another employer's group benefit plan. Section 4. Change in Election Prior to January l of each year an employee may change or revoke coverage under any specified Plan effective for the next Plan Year. 0 - 3 - ARTICLE IV COMPENSATION REDUCTION Section 1. Benefit Cost The regular, fixed basic compensation of an Employee who has elected coverage shall be reduced by the amount of benefit cost. Section 2. Leave of Absence or Retirement - Suspension of Compensation Reduction If the Employee is permitted to maintain coverage during an. authorized leave of absence or retirement, then compensation reduction for Benefit Cost shall be suspended during such leave of absence; provided, however, that coverage may be maintained during the leave of absence at the Employee's expense under the terms of the agreement in effect with the Carrier selected to provide such coverage. Section 3. Maximum Compensation Reduction In no event shall the regular fixed basic compensation of an Employee be reduced in excess of the amounts required as Benefit Cost. a r - 4 - ARTICLE V GENERAL PROVISIONS Section 1. Administration The Plan shall be administered in accordance with Code Section 125 by the Employer. Section 2. Plan Records The records of the Plan shall be maintained on the basis of the Plan Year. Section 3. Emplovment Riuhts Employment rights of an Employee shall not be deemed to be enlarged or diminished by reason of the establishment of the Plan, and the Employee shall not have any right to be retained in the service of the Employer that he or she would not otherwise have. Section 4. Amendment and Termination The Employer reserves the right to amend or terminate this Plan any any time. No such amendment, however, shall diminish or eliminate any claim for any benefit to which a Participant shall have become entitled under the Plan. IN WITNESS WHEREOF, CHESTERFIELD COUNTY VIRGINIA'S BOARD OF SUPERVISORS has caused this instrument to be executed, effective as of October 1988. Attest: a - 5 - By CHESTERFIELD COUNTY BOARD OF SUPERVISORS AN CS CPI W l TO: Honorable Members of the Board of Supervisors FROM: Lane B. Ramsey, County Administrator DATE: October 4, 1988 SUBJECT: 1989 Health Care Program One item on the October 12, 1988 Board meeting agenda will be a request for authorization to'contract with health care providers for the County's 1989 Health Care Program. However, given the current health care environment and the particular situation the County faces going into the 1989 plan year, I felt it was important to give you more detailed information about some of the critical issues related to the upcoming program. In addition to the attached report summarizing our plans for the 1989 program, I will schedule individual meetings, at your request, with Rick Willis, Director of the Department of Human Resource Management, prior to the Board meeting to brief you and to respond to any questions you may have. cc: Frederick W. Willis, Jr., Director, Human Resource Management M 1989 HEALTH CARE PROGRAM: INFORMATION AND ISSUES Background Providing quality health care to employees at affordable rates <-!ontinues to be a major problem for employers as the current state of the health care market has often made even the best attempts at health care management and cost containment an exercise in futility. A variety of factors continue to push medical costs far above the normal inflation rate. As a result, employers are faced with an unstable market among health care providers, double-digit rate increases at renewal, and little prospect for an improved environment over the next few years. Chesterfield County has experienced serious problems with our health care program, particularly with our self -funded Blue Cross and Blue Shield of Virginia products. The traditional indemnity program had to be dropped following the 1986 plan year as the program suffered declining enrollment, experienced exorbitant rate increases and incurred a deficit of over two million dollars. A three year payback wasp negotiated to address the deficit and a reserve fund was established to help stabilize the KeyCare program, another self -funded Blue Cross/Blue Shield product, should.major declines in membership recur. This is the environment in which County and School Board staff went out to bid for the 1989 health care program. Significant Issues to be Faced in the 1989 Program 1. Rate Increases Proposals received from carriers during the bid process included average rate increases among the HMOs (Health Maintenance Organizations) of over 24%. The initial rates proposed by KeyCare reflected a 41% increase on the base rate, not including any reserves. 2. The KeyCare Situation The County was also informed by Blue Cross/Blue Shield of Virginia, that should enrollment in the KeyCare program drop below 35% of eligible subscribers, the KeyCare program would be dropped and the deficit incurred by the indemnity plan would become payable immediately thus voiding the three year payback plan. n n 3. Structuring of the 1989 Health Care Rates A. Monthly Rates with Dental In an attempt to make the KeyCare plan more competitive with the managed care plans, benefits are being redesigned which reduces the KeyCare rate increases from 41% to 24%, which includes the County -paid reserve fund. The rate structure, which includes the low option dental plan, is as follows: Southern KeyCare PruCare Equicor Health ployee Only $131 15_ $111 72 $119.89_11 Employee + One Minor $195.31 $172.55 $178.96 $180.72 Employee + Spouse $285.63 + $248.20 $251.46 $236.11 Employee + Family $362.70 $300.18 $321.33 $319.88 B. Recommended County/Employee Contribution Rate Structure In the past, the County has paid 100% of the employee only cost for health care. Costs for dependent care (employee plus a minor child and the family plan) were paid entirely by the employee. Under this policy, increases in health care costs have been borne entirely by the County and by employees with dependent coverage. Among the changes in the 1989 program, the following are being incorporated in the rate structure: • The County will provide a flat -rate contribution toward each subscriber level rate (employee only; employee and minor; employee and spouse; family). Employees with no dependent coverage will pay out-of-pocket the difference between the County's contribution and the cost of the health care plan they elect. • The County will provide additional financial assistance to employees with dependent coverage. • The KeyCare reserve of $12.96 per employee per month will continue to be paid by the County but is not included as part of the "County contribution" in published rate tables. %W o One new provider, Southern Health, an HMO, is being added to the existing plans as a result of the bid process. o A new rate category, Employee and Spouse, will be added as an intermediate rate between the minor and family plan. Previously, married employees with no children paid the family rate. The following chart shows the County's contribution and the cost to employees depending upon the plan selected: Employee Out of Pocket Costs County Southern Pays KeyCare PruCare Equicor Health Employee Only $100.00 $ 31.15, $ 11.72 $ 19.89 $ 17.57 Employee + Minor Employee + Spouse Employee + Family $110.00 $ 85.31 1 $ 62.55 $ 68.96 $ 70.72 $125.00 $160.63 $123.20 $126.46 $111.11 $145.00 $217.70 $155.18 $176.33 $174.88 This structure more closely mirrors the approach taken by the School Board regarding the employer/employee contributions to the total cost of health care. The rate structure can be implemented with01-the 1988-89 budget for health care. Current County/Employee Contributions The following chart illustrates the current County contribution rate (the County paying the total cost of "Employee Only" rate for each plan; that amount is contributed toward dependent coverage categories) and the out-of-pocket cost to employees. KeyCare PruCare Equicor County Contribution $107.64* $97.50 Employee Contribution Employee Only 0 0 0 Employee + Minor $ 52.96 $ 45.46 $ 47.92 Employee + Family $181.12 $157.86 $164.38 *Note: County pays additional $12.96 per employee per month for IBNR reserve. 4. The Open Enrollment Process Open Enrollment will be held through a series of meetings with employees beginning on October 14, 1988. At this time representatives of the carriers will summarize their plans, the rate structure will be thoroughly discussed, the Flexible Compensation Plan will be offered, and employees' questions will be answered. Due to the changes this year, departments have been instructed to provide time for all their employees to attend one of the open enrollment meetings. Attachment: Chart Summarizing 7/1/88 Enrollment in Current Plans Employee Employee + Minor Family Total CURRENT HEALTH CARE ENROLLMENT (711188) KeyCare PruCare Equicor Total Co. Schools Co. Schools Co. Schools Co. Schools 386 1,024 197 220 558 506 1,141 1,750 (1,410) (417) (1,064) (2,891) 84 173 33 25 114 81 231 279 (257) (58) (195) (510) 156 538 59 92 213 303 428 933 (694) (151) (516) (1,361) 626 1,735 289 337 885 890 1,800 2,952 34.8% 58.7% (2,361) 16.0% 11.4% (626) 49.2% 30.0% (1,775) ------" ' (4,762) 49.6% 13.1% 37.3% V