Minutes 10/26/1999 - Laserfiche WebLink

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248 October 26, 1999 9. 10. If lighting is required on the monopole, by the FAA, the light' will be positioned to reflect upward. A landscaping plan around the facility will be submitted for approval by the Planning Commission staff. Any changes to the design of this facility or its conditions will be submitted for approval to the Martinsville Planning Commission. The proposed facility will be 40 feet by 40 feet in size. Evidence that the proposed structure will have bond or insurance coverage of at least $100,000 to adequately cover any damages that may be caused by the monopole or its radio frequencies. Proper signage shall be installed on the fencing surrounding the facility to ward off any trespassers. The new monopole will allow collocation. It is understood that the petitioner may construct a temporary tower until the permanent tower is completed for a period of 90 days. Council considered authorizing a refund of $44,276.59 to Tultex Corporation for overpayment of Personal Property taxes for 1995 and 1996. City Manager Reynolds stated, "Ronnie Minter, Commissioner of the Revenue, has met with the City Attorney." Council Member Haskell asked, "How did this issue come up?" City Manager Reynolds r~fied,"'From arf 'internal a~4dit by Tultex." Mr. Worthy stated, "Mr. Minter and lagF~e !,, on the' refund. However, the law states that ten percent interest be paid. Mr. Minter feels that no interest should be paid since it was an error on the taxpayer's part. I think that only applies to real estate. There is no reference to other tangible property. I feel that if the refund is granted, interest should be paid." Council Member Haskell asked, "Are there any cases to refer to?" Mr. Worthy replied, "No. It went into effect July 1 ." Council Member Dallas moved to authorize a refund of $44,276.59 to Tultex Corporation and request a ruling from the Attorney General regarding interest; the motion was duly seconded and carried by the following vote, with Vice Mayor Teague and Council Member Roop abstaining: Vote 3 - 0; Yeas (3) - Crabtree, Dallas, Haskell;