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05-29-2002 PacketCHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of ~ Meetin~l Date: Subiect: Ma~/29, 2002 Item Number: 3.n. Hold a Public Hearing to Revise FY02 School Capital Improvement Appropriations County Administrator's Comments: County Administrator: Board Action Requested: The School Board requests the Board of Supervisors to hold a public hearing to increase estimated revenue and appropriations in the School Capital Improvements fund in the amount of $2,629,593. Summary of Information: This item was deferred from the May 22, 2002 Board of Supervisors meeting. The bond referendum, overwhelmingly approved on November 5, 1996, yielded $174,799,000 for new schools, renovations, and technology and will benefit every school in the county. In addition, $31,310,000 was committed over this six-year period from the CIP Reserve. Projects approved in the bond referendum with current appropriations are included in the following CIP analysis. An increase to estimated revenues is needed from the following sources: an additional transfer of $25,000 from the Reserve for School Capital Improvements; a transfer of $1,777,686 from the Governor's Technology Grant; and a transfer of $812,700 from School Food Service funds. In addition, there is a need to increase estimated interest earnings and increase the transfer to School Operating appropriation by $14,207 to cover the arbitrage rebate on the 1997 GO bonds. The total increase~o the. School~ CIP~~ J~ ~~/. jwil! be $2,629,593. Preparer~ ~/'~~~, ~ Title:  / Billy K. ~annaday, Jr., Ed.D. Superintendent Attachments: ~-~ Yes No 00000~. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 5 Evaluation/Analysis CURRENT STATUS Attachment A-1 is a financial schedule delineating the current status (as of January 31, 2002) of the School CIP projects. This schedule includes the beginning budget by project including the appropriation for the January 2002 bond sale, the current budget including changes by project this year, and the revised needs budget resulting in a surplus or deficit. The schedule also provides the project status (new, open, complete, to be closed June 30, 2001, or delayed) for the current period. The current status reported for this quarter is as of January 31 and reflects a balanced program. Recommended revisions for year-end are discussed below and are included in Attachment A-2. II. RECOMMENDED REVISIONS New Matoaca High School - Additional funds are needed to cover the final costs identified for technology at this location. This school is the Technology Specialty Center for the School system and there is a need to purchase additional computers for this purpose. A transfer of $1,374,263 of State construction funds from the Chesterfield Technical Center project will bring the total budget for the New Matoaca High School to $48,588,801 and will provide the needed funds to complete this project. Bailey Bridge Middle School Renovations - Miscellaneous costs including building permits, advertising and construction management costs require an additional appropriation to this project of $25,000. The balance in the School Reserve for Capital Improvements account is $56,286.76 and use of $25,000 would leave a balance of $31,286.76 in this account. Clover Hill High Renovations - School Board staff has determined there is a need to study potential renovations to Clover Hill High School; however, it is in the best interest of the school system to conduct a feasibility study prior to making any decisions. The estimated cost of this study is $35,000 and Reserve for School Capital Improvements can be transferred from the Thomas Dale Renovation project to cover these costs. Meadowbrook High Renovations - Additional funds are required due to technology needs identified for this project. A transfer of $724,274 of CIP Reserve funds from Thomas Dale as well as $157,226 of State construction funds from the Chesterfield Technical Center project will provide the funds needed to complete this project. 000092 I I CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 5 Thomas Dale High Renovations - This project is close to completion and a portion of the available funds ($759,274) need to be transferred to the Meadowbrook High project to cover additional costs associated with technology ($724,274) and to the Clover Hill High Renovation project for a feasibility study ($35,000). Monacan High Specialty Center - This project is complete and has been closed out at June 30, 2001. There is a balance of proffered funds in the amount of $335,253 available in this project and these funds need to be transferred to the Monacan High Field House project at this time. Monacan High Field House - Proffered funds of $335,253 are currently available in the Monacan High Specialty Center completed project. These funds along with the transfer of $417,686 of proffered funds from the James River Governor's Technology project will provide the majority of the funding needed for this new project. Chesterfield Technical Center - The FY02 State construction funds in the amount of $1,531,489 were budgeted in this project; however, this project has been placed on hold and these funds are needed to provide funding needs at the New Matoaca High project as well as the Meadowbrook High Renovations project. Governor's Technology Projects include James River High, Midlothian High, Monacan High, and Chesterfield Community High. The James River High project needs increased funding of $110,000 to cover needs at this location. In addition, proffered funds of $417,686 need to be transferred to cover needs at the Monacan High Field House project and technology funds are needed in the James River project to replace the proffered funds. Midlothian High, Monacan High and Chesterfield Community High technology projects need to be funded to provide the capability of on-line testing at these locations. The estimated cost for these projects is $500,000 each for Midlothian and Monacan and $250,000 for Chesterfield Community High. Total technology needs described here of $1,777,686 are available in the Governor's Technology Initiative grants; therefore, the funds need to be transferred from the School Grants Fund to these projects. Food Service Projects - A total of $812,700 is needed in the School CIP fund for various School Food Service projects. School Food Services has identified the need to transfer funds of $524,700 from the Federal Food Service Fund to the School CIP Fund. Funds are available within the current Federal Food Service Fund to cover the needs described in the chart below. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 4 of 5 Location Grange Hall Elementary Bellwood Elementary Project Kitchen Renovation Walk-in freezer Estimated Cost $425,000 67,500 Bon Air Elementary Walk-in freezer 28,600 Kitchen Renovation J. A. Chalkley Elementary Crestwood Elementary C. E. Curtis Elementary A. M. Davis Elementary Walk-in freezer Walk-in freezer Walk-in freezer (140,000) 26,000 34,700 35,100 F. C. Elementary W. W. Gordon Elementary Harrowgate Elementary J. G. Hening Elementary J. B. Watkins Elementary Manchester Middle Walk-in freezer 30,100 Walk-in freezer Walk-in freezer Kitchen Renovations 33,300 32 , 100 (165,000) Walk-in freezer 34,800 Walk-in freezer 33,500 Midlothian Middle Walk-in freezer 31,500 Robious Middle Salem Middle Total Non-Federal project Dining Room (additional) Dining Room (architect) 7,500 10,000 $524,700 The non-federal Food Service fund needs to transfer $288,000 to cover high school food service capital projects. Funds are available within the current Federal Food Service appropriation to cover the needs described here. Location Project L. C. Bird High James River High Clover Hill High Thomas Dale High Total Federal Food Service Dining Room Renovation Dining Room Renovations Dining Room Renovations Dining Room Renovations Estimated Cost $(132,000) 55,000 215,000 150,000 $288,000 Arbitrage Rebate on 1997 General Obligation (GO) bonds - Chesterfield has received the arbitrage rebate calculation on the 1997 GO bonds. The School Board's hares is $77,258. There is $63,051 of appropriation available to cover a portion of this; however, an additional appropriation of $14,207 is needed to cover the full calculation. III. IMPACT OF THE RECOMMENDED REVISIONS Attachment A-3 reflects the revised status of the current CIP projects following approval of the revisions requested above. All projects are balanced if funding and appropriation revisions are approved as requested in this memorandum. 000004 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 5 of 5 Meetin0 Date: Mav 29. 2002 Number Budget and Mana.qement Comments: This School Board request is to hold a public hearing to consider the increase in school capital projects totaling $2,629,593. This item was deferred from the April 24, 2002 Board of Supervisors meeting. The majority of this funding ($2,615,386) is a transfer from current available sources as described in the detail of the agenda item. However, technically this action does create an increase in the school capital projects budget; and therefore, will require an additional appropriation for record keeping purposes. Also requested is an appropriation of $14,207 in 1997 bond interest earnings in order to cover a required arbitrage rebate payment in the amount of $77,258. Preparer: Rebecca T. Dickson Title: Director, Budget & Management CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 3 Meeting Date: May 29, 2002 Item Number: 3.B. Subject: Public Hearing to Consider Ordinance Amendments Regarding the Location and Regulation of Adult Uses County Administrator's Comments: County Administrator: Board Action Requested: Adoption of the attached ordinance amendments regarding adult uses based on staff recommendations. Summary of Information: On September 26, 2001, the Board adopted changes to Chapter 15 of the County Code requiring adult businesses to obtain a permit from the Chief of Police. On February 19, 2002, the Planning Commission made recommendations on zoning amendments related to adult businesses. On April 10, 2002, the Board held a public hearing on the proposed amendments and continued the public hearing until May 22, 2002. I. Historical And Leqal Backqround For many years, the County Code has regulated adult businesses such as adult bookstores, videostores, and movie theaters. Existing zoning and regulatory ordinances applied to the proposed Poxxx Video Store application in July, 1999. More recently, citizens of Dale District complained to Mr. Miller about sexually explicit videostores and Henrico County encountered issues relating to an "exotic" dance club. These experiences confirmed that our ordinances should be updated to address recent legal developments and current practices of the adult business industry. Legally, the courts consider adult businesses to be protected by the First Amendment of the Constitution. Accordingly, to avoid an illegal governmental "prior restraint" on First Amendment activity, the courts Preparer: (. ~ Steven L. Mi~as Title: County Attorney 1923 (00) :56826.2 (56830.2 & 56829.2) Attachments: Yes ~ No # 000005 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 significantly limit the ability of local governments to regulate adult businesses. As one example, when local governments require adult businesses to obtain a permit (such as the County's conditional use zoning permit), the courts require that (1) the decision to approve the permit be based on specific, objective criteria, (2) there be a prompt governmental decision on the application, and (3) there be a mechanism for prompt judicial review. Generally local governments can only regulate adult businesses to minimize negative "secondary effects" that accompany these businesses. At the April public hearing the Director of Planning summarized many national studies showing that adult businesses cause negative effects within a community such as lowered property values, increased crime rates and health-related concerns. II. The Proposed Zoninq Ordinance Amendments The proposed amendments update definitions to address recent changes in the adult industry and broaden the zoning regulations to include adult stores, businesses providing adult entertainment and other adult business. As in the current ordinance, these adult businesses would be allowed by conditional use in the A, C-5, I-2 and I-3 Districts. Further, the proposed amendments set forth, as required by law, specific and objective criteria for consideration of a conditional use application for adult businesses. Issues 1. Deadlines for Action on Conditional Use Requests The original ordinance sent from the Board to the Planning Commission required the Planning Commission and Board to both act on a conditional use application for an adult use within 60 total days of filing, although the applicant may consent to a longer period of review. This time period complies with the legal requirement for "prompt" governmental action. The Planning Commission recommended that the time period be expanded to 120 days, which is :reflected in the attached ordinance. The County Attorney recommends that the amendment remain at 60 days to protect the defensibility of the entire ordinance. This is necessary because the ordinance limits all adult uses to conditional uses without providing any zoning district where such uses are allowed by right. 2. Segreqation of Adult Merchandise from Juveniles Section 19-227.1 of the proposed amendments requires businesses that sell or rent adult merchandise intended for the sexual stimulation or titillation of patrons to prevent viewing of such merchandise by juveniles, generally by segregating the merchandise in a separate area. The Planning Commission recommended that this requirement be placed in the police power sections of the CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 County Code (§ 15-124) so that it could be applied retroactively to all existing businesses. The County Attorney recommends that the requirement remain in the zoning ordinance affecting new zoning applications. Any application of this restraint on First Amendment activity if applied to preexisting businesses has a greater risk of jeopardizing the defensibility of the entire ordinance than applying that governmental restraint to future businesses seeking a conditional use. Whether the Board places this separation requirement in the zoning ordinance, or the police power sections of the Code, the County Attorney recommends that the segregation requirement apply prospectively only to businesses that begin to display adult materials after adoption of the ordinance. If the segregation requirement is placed in the police power sections of the County Code, whether applied prospectively or retroactively, the requirement would be enforced by the police department. If placed in the zoning ordinance it would be enforced by the zoning inspectors. III. Other Revisions While identifying the proper place to codify the adult merchandise issue, staff also determined that language changes were necessary in Chapter 15 in light of Henrico County's recent experiences, the evolving practices of the adult business industry and further legal analysis. Staff's recommended revisions are largely housekeeping changes to make the ordinance clearer, more complete and more defensible. Staff has added two new substantive provisions which require 1) adequate lighting for all entrances and exits serving an adult business and 2) videotape recordings of the exterior to monitor any illegal acts secondary to the adult uses. Since the April 10 public hearing, staff has consolidated all previously recommended changes. Language has been added to Chapter 15 providing for the County's facilitation of any appeal of a denial, revocation or suspension of a police permit and Section 15-122.8 has been revised to reflect that the regulations apply to all adult businesses offering booths for the viewing of adult movies and other media.~ This public hearing was originally scheduled for the May 22nd meeting but was deferred to the adjourned meeting to be held on May 29, 2002. 1The United States Supreme Court issued two opinions on May 13, 2002, John Ashcroft, Attorney General v. American Civil Liberties Union, et al. and City of Los Angeles v. Alameda Books, Inc., et al. that addressed issues relating to adult uses and the internet. We have reviewed these opinions and they do not change Staff's recommendations. 060007 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTIONS 15-122.6, 15-122.7, 15-122.8 and 15-122.9, REPEALING 15-122.9A AND ADDING SECTIONS 15-123, 15-124, 15-125 and 15-126 RELATING TO ADULT USES AND PROVIDING FOR A PENALTY BE IT ORDAINED by the Board of Supervisors of Chesterfield County: That Sections 15-122.6, 15-122. 7, 15-122.8 and 15-122.9 of the Code o_flthe County o['Cheste~/ield, 1997, as amended, are amended and re-enacted, Section 15-122.9A is repealed, andSections 15-123,15-124, 15-125 and 15-126 are added to read as follows: 15-122.6. Judicial review of adult use permit denial or revocation. After denial of an application, denial of a renewal of an application, or revocation or suspension of a permit, Chesterfield County will facilitate the applicants' obtaining prompt review of the decision from the Circuit Court of Chesterfield County if the applicant desires to appeal. Unless the applicant agrees to an extension, the County will file a responsive pleading within ten days of service upon the County of an appeal, will file a responsive brief within fifteen days of service of the applicant's brief and will agree to any reasonable expedited trial or hearing date. 15-122.7. Regulations Pertaining to Adult Businesses Providing Adult Entertainment. mo For purposes of this Section, "adult entertainment" is defined as dancing, modeling or other live entertainment if the performers' performance is characterized by an emphasis on "specified anatomical areas" or "specified sexual activities" as defined in Chapter 19, or ...... ,~o .......... -~.> ,, ........... : Code is intended for the sexual stimulation or titillation of patrons. No person shall peffom~ provide adult entertainment for patron(s) of an adult business except upon a stage at least eighteen (18) inches above the level of the floor which is separated by a distance of at least ten (10) feet from the nearest area occupied by patron(s). No patron shall be permitted within ten (10) feet of the stage while the stage is occupied by a performer. The adult business shall provide separate dressing room facilities for female and male performances which shall not be occupied or used in any way by any one other than performers. Do The adult business establishment shall provide access for performers between the stage and the dressing rooms which is completely separated from the patrons. If such separate 1923:56829.2 1 5/9/02 10:49 AM 000098 access is not physically feasible, the establishment shall provide a minimum of four (4) foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers which prevents any physical contact between patrons and performers. physical contact with any patron and no patron shall have physical contact with any ente~ainer while in or on the premises of the adult business. Fixed rail(s) at least thirty (30) inches in height shall be maintained establishing the separation between performers and patrons required by this section. No patron shall directly pay or give any gratuity to any entertainer. A patron who wishes to pay or give a gratuity to a performance shall place the gratuity in a container that is at all times located separately from the performers for the purpose of preventing any physical contact between a patron and a performer. No performer shall solicit any gratuity from any patron. H. Patrons must be at least 18 years of age; I. Owners, managers, entertainers must be at least 18 years of age; The adult business shall not operate between the hours of 2:00 a.m. and 9:00 a.m. on any particular day. No operator of an adult business shall cause or allow a performer to contract or engage in any entertainment such as a "couch"= or a "straddle" or lap dance with a patron while in or on the establishment premises. No performer shall contract to or engage in a "couch"= or a "straddle" or lap dance with a patron while in or on the establishment premises. For purpose of this subsection, "couch"= or "straddle" or lap dance is defined as an employee of the establishment intentionally touching or coming within ten (10) feet of any patron while engaged in the display or exposure of any "specified anatomical area", or any "specified sexually activity" or while engaged in other activity intended for the sexual stimulation or titillation of patrons. This section shall not apply to an employee of an establishment who, while acting as a waiter, waitress, host, hostess, or bar tender, comes within ten (10) feet of a patron. No employee shall engage in any "specified sexual activity" or display or expose any "specified anatomical area" or engage in other activity intended for the sexual stimulation 1923:56829.2 2 5/9/02 10:49 AM '000009 or titillation of patrons while acting as a waiter, waitress, host, hostess, or bar tender. Sec. 15-122.8. (a) (b) (c) (2) (3) (4) Sec. 15-122.9 (a) (b) (c) (d) (e) 19_o:56829.2 Regulations pertaining to adult businesses .....' ' : .... ' ffei g i i gb th · ,~,~ ~a~,~L. 0 r n V ew n oo s. Wide angle mirrors and/or video systems must be used to provide the manager with continuous monitoring of all areas of the establishment. Youth-oriented merchandise must be kept separate from the sexually oriented merchandise. To the extent booths are provided for viewing of videos, movies, DVDs, or other media, the booths must meet the following criteria: Minimum size of 500 square feet. No doors on booths so that manager may have visual access to the booth. Firewalls must be provided between booths. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place patrons are permitted access and an illumination of not less that two foot candles as measured at the floor level. Regulations Pertaining to All Adult Businesses. Sexually explicit material shall not be displayed in the windows of adult businesses. Further, adult merchandise as defined in Chapter 19 shall not be visible from an,/point outside the establishment. Signs advertising the adult business and any attention-getting devices shall not display sexually explicit pictures or language. All off-street parking areas of the adult business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot candle of light on the parking surface and walkways. Adequate lighting shall also be provided for all entrances and exits serving the adult business. Adult businesses shall not employ any person under the age of 18. Wide angle mirrors and/or video systems must be used to provide the manager 5/9/02 10:49AM 0000:1.0 with continuous monitoring of all areas of the establishment. The owner or operator shall install, operate and maintain a security camera and video tape system designed by a security specialist which shall continuously monitor all exterior entrances and parking areas of the establishment. Such cameras shall provide clear imagery of the establishment's patrons and their vehicles. Tapes recording activities in the areas under surveillance shall be preserved for a period of twelve months. Authorized representatives of the Chesterfield County Police Department or the Chesterfield County Planning Department shall have access to such tapes in accordance with applicable law. For purposes of this article, an "employee" means an individual working or performing services for any adult business, including any independent contractor who provides services on behalf of any adult business to the patrons of such business, whether or not the individual receives any remuneration, gratuity, or tips of any kind, or pays the permittee, manager or other person for the right to perform or entertain in the adult business. Sec. 15-123. Public Indecency Prohibited. Nothing in this article shall be construed to permit any conduct which violates section 14 33 of the Code. Sec. 15-124. Regulations Applying to Adult Businesses and Non-Adult Businesses. Businesses that offer after [date of adoption] that portion of adult merchandise, as defined in Chapter 19, which is intended for the sexual stimulation or titillation of patrons for sale or rent shall not permit entry to persons under age 18 or must segregate the adult merchandise from the other merchandise and structure the display of the adult merchandise to prevent examination, perusal, or viewing of such merchandise by juveniles. Sec. 15-125. Violations. Except as permitted in section 15-122.2(a), operation of an adult business without a permit is prohibited. Violations of this article shall be unlawful and subiect to the provisions of section 1-5 of the Code. Sec. tSq-2-2x.s.s.s.s.s.9~ 15-126. If any part of this section of the ordinance shall be deemed unconstitutional or otherwise invalid, the validity of the remaining provisions shall not be affected thereby. 1923:56829.2 4 5/9/02 10:49 AM O6OOlll. That this ordinance shall become effective immediately upon adoption but any adult businesses currently operating in the County shall have 30 days Jbom the date of adoption to apply for ct police permit and 90 days after obtaining the permit to comply with any other new requirements of this ordinance. 192o:56829.2 5/9/02 10:49 AM 0'O0012 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 19-175 and 19-301 AND ADDING SECTIONS 19-175.1 and 19-227.1 RELATING TO ADULT USES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: That Sections 19-175 and 19-301 of the Code of the Cozmty o_fiChesterfield, 1997, as amended, are amended and re-enacted and Sections 19-175. l and 19-227.1 are added to read as~/bllows: Sec. 19-175. Conditional uses. The following uses may be allowed by conditional use in the C-5 District, subject to the provisions of section 19-13' (a) Any conditional use allowed in the C-3 District, unless previously permitted in the C-5 District. (b) Adult businesses bac, k3tarc~/vidcostorc3. (ec) Bondsman. (rd) Check cashing establishment. (ge) Motor vehicle consignment lots. (hr) Occult sciences (includes fortune tellers, palmists, astrologists, numerologists, clairvoyant, craniologist, phrenologist, card readers, spiritual readers, tea leaf readers, prophets and psychics). (ig) Outdoor flea market. Oh) Pawnbroker. (ki) Travel trailer parks. 192~:568~0.2 1 5/9/02 2:31 PM Subject to the following requirements, other uses which are not specifically enumerated in this chapter and which are of the same general character as the specifically enumerated uses allowed in this district. Before the planning commission and board of supervisors hear an application pursuant to this subsection, the director of planning shall consider, among other things, the following: the size and proposed configuration of the site; the size, height and exterior architectural appearance of any proposed structure or structures; noise; light; glare; odors; dust; outdoor activities; traffic; parking; signage; and hours of operation. Based on these considerations, he shall determine that the proposed use's operating characteristics are substantially similar to, and its impact on neighboring properties no greater than, the operating characteristics and impacts of the specifically enumerated uses allowed in this district. 0oo 19-175.1 Conditional Use Criteria for Adult Businesses, Unless the applicant consents to a longer period of review, an application for a conditional use for an adult business must be approved or denied within 120 days of the filing of a complete application. (b) In reviewing the application, the planning commission and board of supervisors may consider the following factors as well as other appropriate land use considerations: The nature of the surrounding area and the extent to which the proposed use might significantly impair its present or future development; The proximity of dwellings, churches, schools, parks or other places of public gatherings; The probable effect of the proposed use on the peace and enjoyment of people in their homes; (4) The limitations of fire and rescue equipment and the means of access for fire and police protection; (5) The preservation of cultural and historical landmarks and trees; The probable effect of noise, vibrations, and glare upon the uses of surrounding. properties; The conservation of property values; and 1923:56830.2 2 5/9/02 2:31 PM 000014 The contribution, if any, such proposed use would make toward the deterioration of the area and neighborhoods. If an application for conditional use for an adult business is denied and the applicant desires to appeal the denial, Chesterfield County will facilitate the applicant's obtaining prompt review of the decision from the Circuit Court of Chesterfield County. Unless the applicant agrees to an extension, the County will file a responsive pleading within ten days of service upon the County of an appeal, will file a responsive brief within fifteen days of service of the applicant's brief and will agree to any reasonable expedited trial or hearing date. Sec. 19-227.1 Sale of adult merchandise. Businesses that offer after [date of adoption] that portion of adult merchandise which is intended for the sexual stimulation or titillation of patrons for sale or rent shall not permit entry to persons under age 18 or must segregate the adult merchandise from the other merchandise and structure the display of the adult merchandise to prevent examination, perusal, or viewing of such merchandise by juveniles. OOO Sec. 19-301. Definitions. For the purposes of this chapter, the following words and phrases shall have the following meanings: OOO Adult bookstore/videostore: An establishment having as a substantial or significant portion of its stock-in-trade books, magazines and other periodicals and/or videotapes, computer disks, CD-ROMs= DVD-ROMs, and virtual reality devices or any other similar media that are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities", or "specified anatomical areas:" or are intended for the sexual stimulation or titillation of patrons. 000 Adult business: Adult bookstore/videostore, adult mini-motion picture theater, adult motion picture theater, adult store, a business providing adult entertainment or any other establishment, including without limitation any adult modelling studio, adult cocktail lounge or adult nightclub, that regularly emphasizes an interest in matter relating to specified sexual activities or specified anatomical areas or is intended for the sexual stimulation or titillation of patrons. 1923:56830.2 3 5/9/02 2:31 PM OO001S 00o Adult entertainment: Dancing, modeling or other live performances if the performers' performance is characterized by an emphasis on specified anatomical areas or specified sexual activities, or is intended for the sexual stimulation or titillation of patrons. Also includes the showing of films, motion pictures, video cassettes, slides, photographic reproductions, virtual reality devices, internet sites or files transmitted over the internet, or other media that are characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or is intended for the sexual stimulation or titillation of patrons. OOO Adult merchandise: Magazines, books, other periodicals, videotapes, movies, photographs.. slides, CD-ROMs, DVD-ROMs, virtual reality devices or other similar media that are characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas or are intended for the sexual stimulation or titillation of patrons. Also includes toys, novelties, instruments, devices or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs and lingerie or leather goods marketed or presented in a context to suggest their use for sadomasochistic practices. 000 Adult store: an establishment having adult merchandise as a substantial or significant portion of its stock-in-trade. OOO Cocktail lounge: Any establishment which serves alcoholic beverages but has no more than one of the following components: live entertainment or dancing by the public. OOO Live entertainment: Entertainment provided by live artists including, but not limited to, musical performances, disk jockeys, public speaking, dramatic performances, dancers, modelling or comedy. ooo Nightclub: Any commercial establishment which serves alcoholic beverages and has live entertainment and dancing by the public. 1923:56830.2 4 5/9/02 2:31 PM 000016 o00 Specified sexual activities: Human genitals in a state of sexual stimulation or arousal; acts or simulation of human masturbation, sexual intercourse or sodomy; and/or fondling or other erotic touching of human genitals, pubic region, buttock or female breast. OOO (2) That this ordinance shall become effective immediately ztpon adoption. 1923.568o0.2 5/9/02 2:31 PM 0000,1.7 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 3 Meeting Date: Ma~/29, 2002 Item Number: 3oC. Subject: Hold Public Hearing to Consider the Appropriation of Water and Sewer Revenue Refunding Bonds, Series 2002 and Related Costs of Issuance County Administrator's Comments: County Administrator: Board Action Requested: Hold a public hearing to consider the appropriation of up to $11,000,000 of Water and Sewer Revenue Refunding Bonds, Series 2002 and related costs of issuance. Summary of Information: On April 24, 2002 staff requested authorization to set a public hearing for the purpose of appropriating up to $10,000,000 associated with the refunding of utility bonds. Since then, staff has received updated information related to the bond sale necessitating a request to increase the appropriation. Today's public hearing was advertised at an amount up to $11,000,000. Staff is proposing the Board approve the amended appropriation amount after the public hearing. The Board also authorized the sale of Utility revenue refunding bonds to refund a portion of the county's Water and Sewer Revenue Refunding Bonds, Series 1992 at its April 24, 2002 meeting. Director of Utilities Attachments: ~'~ Yes No ~)000~$ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 Meetin~l Date: Ma~/29, 2002 Item Number: Summary of Information (cont.): Competitive bids were received, and the Board approved the award for the sale of the bonds on May 22, 2002. 000019 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Meetin_a Date: Mav 29. 2002 Number Budget and Manaqement Comments: This item requests the Board of Supervisors to hold a public hearing for the appropriation of funds associated with the sale of Chesterfield County Water and Sewer Revenue Refunding Bonds. Estimated sources and uses of funds are as follows: Sources: Bond Proceeds/Accrued Interest/ Discount Debt Service/ Debt Service Reserve Funds Total $ 8,623,915 1,722,650 $10,346,565 Uses: Refunding Escrow Deposits Debt Service Reserves/ Accrued Interest Delivery Expenses Total Preparer: $ 9,313,435 881,110 152,020 $10,346,565 t [ Title: Director, Budget & Management Rebecca T. Dickson 0000,~0 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meeting Date: May 29, 2002 Item Number: 3.D. Subject: Public Hearing to Consider Amending County Policy Regarding Criminal Background Checks For Coaches of Co-sponsored Groups County Administrator's Comments: ~~~.~ ~-~,P~-c~ ~J~Le~ ~:~/~ ~, County Administrator: _c~,"~'~~' Board Action Requested: Consider amendments to County policy regarding criminal background checks for coaches of co-sponsored groups. Summary of Information: On August 22, 2001 the Board adopted a policy requiring criminal background checks on coaches of County co-sponsored youth athletic leagues. The policy has a list of "barrier" crimes that are absolute bars to coaching. Mrs. Humphrey has requested that a public hearing be held to consider amending the policy to: (±) allow people to coach who have been convicted of a barrier crime if the Governor restores his or her political disabilities; and (ii} limit barrier crimes involving juveniles to only those crimes involving sexual or physical misconduct. Preparer: Steven L. Micas Attachments: Yes [-~ No Title: County Attorney 0614 (00) :57494.2 (49913.5) O0002:t CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Currently, an individual is automaticall~ disqualified from coaching if he has been convicted ef any crime, felony or misdemeanor, against the person or property of a minor. Under this category, the County has disqualified individuals from ceaching when the individuals did not place at risk the safety or well-being of children they were coaching. Fer example, an individual was disqualified because he was convicted 18 years ago at the age of 18 for buying beer for a 17 year old friend. Another individual was disqualified because he was convicted ef cursing his 16 year eld daughter's boyfriend during a demestic dispute. Under the proposed amendment these types of cases would be censidered for disqualification as a coach on a case by case basis because they do not involve sexual or physical misconduct. This public hearing was originally scheduled for the May 22n~ meeting but was deferred to the adjourned meeting to be held on May 29, 2002. 0000~ II. Purpose BACKGROUND CHECK POLICY FOR CHESTERFIELD COUNTY PARKS AND RECREATION CO-SPONSORED YOUTH ORGANIZATIONS The purpose of this policy is to require background checks on all organizational officers and/or directors, instructors, coaches and assistant coaches of Chesterfield County Parks and Recreation co-sponsored youth organizations in order to preserve the safety and well-being of children served by such organizations. Co-sponsored organizations shall not permit individuals to work with children if they have demonstrated past conduct incompatible with service to or care of children. Implementation Co The County's Parks and Recreation Department shall assist co-sponsored organizations in implementing and administering this policy. The County may revoke a co-sponsorship agreement for any organization which violates this policy. mo Each co-sponsored organization shall be responsible for submitting a completed Release form (See attachment A) to the County for every organizational officer and/or director, instructor, coach or assistant coach. Failure to complete the Release shall disqualify the individual from participation. All individuals must provide truthful, correct and complete information on the Release. Failure to do so may result in disqualification. Fo The County's Human Resource Management Department ("HRM") shall process each Release received from a co-sponsored organization in order to receive information from the Central Criminal Record Exchange ("CCRE") maintained by the State Police; the Sex Offender and Crimes Against Minors Registry from State Police; and the Court Access Information System ("CAIS") maintained by the Virginia Supreme Court. HRM shall forward to the Parks and Recreation Department the names of all individuals who have had their background investigation completed and who are eligible for participation with a co-sponsored organization. Individuals may begin participating prior to the completion of a background investigation so long as they have completed a Release and filed it with the Parks and Recreation Department. It shall be the responsibility of each co-sponsored organization, however, to prohibit an individual from participating if the individual is later found to be ineligible under this policy. Once an individual has been found eligible to participate in one co-sponsored youth 0614(05)(23):49913.5 4/22/02 10:31 AM 0000 3 III. activity, the individual's name shall be placed on an list of individuals eligible for all co-sponsored activities. The list shall be maintained by the Parks and Recreation Department. Individuals on the approved list shall not be subject to further investigation, except the County shall conduct random checks annually on 20% of all individuals who have previously been determined to be eligible and wish to maintain their name on the approved list. Barrier Crimes: No individual shall be permitted to participate in a co-sponsored youth organization if the results of the background check show that the person has ever been convicted of any of the following crimes as set out in Title 18.2 of the Code of Virginia as may be amended or equivalent offenses in another state: 1. Crimes Against People g. h. j. murder and manslaughter (§ 18.2-30 et seq.) malicious wounding by mob (9 18.2-41) abduction (99 18.2-47A, -48) felony assault and bodily wounding (§ 18.2-51 et seq.) robbery (9 18.2-58) carjacking (§ 18.2-58.1) extortion and other threats (9§ 18.2-59, -60) sexual assault (9 18.2-61 et seq.) felony stalking (9 18.2-60.3) any other felonies against the person as defined by the Code of Virginia convictions of any attempts or conspiracies to commit any of the aforesaid crimes 2. Crimes Against Property felony arson (§ 18.2-77 et seq.) burglary (§ 18.2-89 et seq.) convictions of any attempts or conspiracies to commit any of the aforesaid crimes 3. Crimes Involving Health and Safety felony violation relating to the possession or distribution of drugs within five (5) years (9 18.2-247 et seq.) drive-by shooting (9 18.2-286.1) use of machine gun in a crime of violence (§ 18.2-289) aggressive use of machine gun (9 18.2-290) 0614(05)(2~).4991 ~.5 4/22/02 10:31 AM 000024 IV. use of sawed off shot gun in crime of violence (§ 18.2-300A) felonious discharge of firearms within or at occupied dwellings (§ 18.2-279) convictions of any attempts or conspiracies to commit any of the aforesaid crimes Crimes Involving Morals and Decency ho failing to secure medical attention for injured child (§ 18.2-314) pandering (§ 18.2-355) crimes against nature involving children (§ 18.2-361) taking indecent liberties with children (§5} 18.2-370, -370.1) abuse and neglect of children (§ 18.2-371.1) obscenity offenses (§ 18.2-374.1) possession of child pornography or electronic facilitation of pornography (§§ 18.2-374.1:1, -374.3) incest (§ 18.2-366) abuse and neglect of incapacitated adults (§ 18.2-369) employing or permitting a minor to assist in an act constituting an obscenity offense (§ 18.2-372 et seq.) convictions of any attempts or conspiracies to commit any of the aforesaid crimes Crimes Against Minors Any conviction for a crime against the person or propcrty of a minor, felony or misdemeanor, inclusive of the crimes set forth above, which involves sexual or physical misconduct. Restoration of Rights A barrier crime shall be treated as a crime under IV.A. if the individual who has been convicted of the barrier crime has received an executive order from the Governor restoring his or her political disabilities. All Other Crimes All pending charges for barrier crimes (except crimes against minors) and convictions for other crimes revealed through a background check shall be reviewed on a case by case basis to determine if the individual poses a safety risk to the children involved in the program. No individual may be found ineligible because of pending charges, except for barrier crimes. However, an individual may ultimately be found ineligible if the previously pending charge results in a conviction which indicates that the individual poses a safety risk to children. Any pending charges, 0614(05)(23):49913.5 4/22/02 10:31 AM O000 $ C4 DO felony or misdemeanor, against minors, shall render the individual ineligible unless or until such charges are subsequently dismissed or the individual is found not guilty. All cases under this Section IV shall be considered anonymously by a standing committee comprised of a representative of HRM, County Parks and Recreation, County Police, County Attorney's Office, and County Mental Health. ("Committee"). If upon review of the record the Committee determines that the individual is eligible to participate, the individual's name shall be forwarded to Parks and Recreation as provided in Section II.D. If upon review of the record, the Committee determines that an individual should be disqualified from participating, the individual will be contacted directly by HRM, advised of the Committee's concerns and be given an opportunity to withdraw from consideration or provide evidence of any mitigating circumstances prior to a final decision being made by the Committee concerning the individual's eligibility to participate. Among factors that the Committee may consider in deciding whether an individual should be permitted to participate or coach, the Committee may consider the nature and character of the past conduct; the length of time since the offending conduct; rehabilitation of the individual, if applicable; and how such conduct affects the integrity of the program. F. The Committee's decision to disqualify an individual must be a majority vote. Confidentiality All persons receiving background information regarding an individual shall maintain the confidentiality of such information in accordance with applicable law. HRM shall destroy all criminal background information after a final decision has been made regarding the eligibility of an individual to participate with a co-sponsored youth organization. 0614(05)(23):49913.5 4/22/02 10:31 AM 4 000026 0 © 0 © © Background Investigations/Offenses Reviewed to Date Offense Approved Denied Access Firearm by Child 1 Accessory After the Fact 8 Assault 50 Assault & Batter Family Member 8~ 1 Brandish Firearm 4 Break & Enter 4 1 Carnal Knowledge 1 Cheat & Defraud 2 'Cocaine Possession 7 4 Conceal Merchandise 3 Conceal Weapon 11 Conspire to Distribute Cocaine 5 Contempt 3 Contribute Deliquency of a Minor 9 Controlled Substance Possession 3 2, Curse and Abuse 1 1 Destruction of Property 4 Discharge Firearm in Public 1 1 Disorded)/Conduct 2 Domestic Assault 10 Drug Distribution 1 , Drug Possession 3 DUI 4 Embezzlement 6 Failure to Appear 8 False Police Report 2 Forgery 12 Gambling 1 Grand Larceny 4 1 Heroin Possession 1 Hit & Run 4 Impede Police 3 Indecent Exposure 5! 2 Involuntary Manslaughter 1 Larceny 67 4 Larceny by False Pretence 1 Malicious Wounding 1 Obstruction of Justice 3 Paraphernalia Possession 11 2 Possess Cocaine with Intent to Distribute 4 1 Possess Schedule III Drugs 1 Possession Marijuana 42 3 Possession Mariuana with Intent to Distribute 8 Possession PCP 2 Profane Threatening Language Over Airway 3 Prostitution 2 Prostitution Promotion with Vehicle 2 Public Intoxication 2 Receive Stolen Goods 7 Reckless Use of Firearm 1 Refuse to Aid Police Resistin~ Arrest 2 Robbery 4 Shopliftin~l 3 Solicitation to Commit Lewd Act 2 Statutory Bur~lar~ 6 Tamper Police Vehicle 2 Threatening Phone Calls 1 Throw Missle at Car 1 ~Trespassin~l 24 Truancy 3 Unauthorized Use of Auto 1 Urinate in Public 2 Use of Firearm in Robbery 1 Vandalism 11 Welfare Fraud 1 Worthless Check 43 Totals: 427 50 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: May 29, 2002 Item Number: 4. Subject: Adjournment and Notice of Next Scheduled Meeting of the Board of Supervisors Coun~ Administrator's Comments: County Administrator: Board Action Reauested: Summary of Information: Motion of adjournment and notice of next scheduled meeting to be held on June 7, 2002 at 12:00 p.m. for the Growth Summit to be held at the Henricus Park. Preparer: ~q/~C- ~-0 Title: Lisa H. Elko Attachments: -] Yes No Clerk to the Board