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11-09-94 MinutesSupervisers in Attsndan=s: F~r. ~. L. McMals, III, Chairman Hr. Arthur S. Warren, Vice Chrm. }iT. Edwar~ B. Barber Hr. Harry G. Daniel ~r. Freddi~ W. Nicholas, ~r_ Mr- Lane B. Ram~ey County Administrator ~O~D OF MINUTES lg94 Staff in Attendenoe: Ms. Marilyn Cole, Exsc. Asst. to County Admin. Mrs. Doris R. DeHart, Asst. Co. Admin., Intergovarn. Affairs Real E~tate A~se~smr ~r. William D. Dupler, Buildin~ Official Mr. Bradford S. Hammer, Deputy Cu- Ad~in-, Management Services County Ombudsman Dir., Planning Deputy Co. Admin., Human Services Fr. R, John McCracken, Dir.~ Transportation Mr. Richard ~. MoElfish, Dir.~ Env. Engineering Mr. Steven L. Micas, County Attorney Public Affairs Mr. Francis M, Pitaro, Co1. J. =. ~ittman, Jr., Police Department Ms. Theresa M. Pitts, Clerk to the Board Mr, Jame~ J. L. Stegmaier, Dir.~ Budget & Management Deputy Co. Admin., community Development Mr, ?rederick Willis, Jr., Dir., Human Resource as. J~dy L. worthington, Circuit Court Clerk Mr- ~c~ale called ~he regularly scheduled meeting to urder at Vote: Unanimous On motion uf Dr. Nicholas, seconded by Rt. Barber, the Board ~ppr0ved the minutes of October 26, 1994, as submitted. 1.O. OCTOBER 27, 1994 On me, ion Of Mr. Barber, es=ended by Hr. ~oHale, the Board ~pp~oved the minutes cf Ootobe~ 27, 1994, a~ ~ub~itted- Vote: Unanimous representatives from the City of Richmond briefed the Board on the City's crime initiatives and at that time, b~s Board requested staff to review how the County could assist the City with these initiatives. He introduced chief Pi%Omen to up~a~e the Board on the actions the County is recommending to assist Chief Pittman ~tated he met with Chief Marty Tepscott of the City of Richmond's ~olice Department to discumm how the County can provide assistance. He further stated city and County staff also discussed the issue and felt the two jurisdiction~ · needed to develop a proDemal that would assure drug enforcement units from each jurisdiction working together to tackle drug- related crimes in areas that border the County as they believe the illegal uae of drugs i~ a catalyst for other crimes and by focusing on the drug situation, it would positively impact ether crimes. He stated meetings will be zch~duled to review cases and plan strategies; that detectives will develop procedures that allow fQr greater sharing of ia£urmation concerning crimes that occur within close proximity to the County; and that County pslice offiuers will press fsrth ~heir forces and suspects for evidence and information concerning the clearing of cases that have occurred in the City. H~ further stated this effort will make it ~o~e difficult for criminals to get away with crimes ia the County and the City; that he feels thim plan strengthens the level of cooperation and mutual assistance ~etween ute Counuy an~ city's police departments; ~nd will serve in making a safer metropolitan area. Mr. Ramsay stated recent discussions hav~ been held with the Beard eeneernin~ Police Department budget issues and clarified ~taff will monitor the cost and bring back any adjustments at the end of the year ~o that the Police Departnent's budget will not b~ impacted. 3. BOARD COMMITTEE REPORTB There were no Bosrd Committee Reports at this time. 4. ~BOUEBTB TO ~O~T~O~ ~CTIO~. ~MERSBNCY ADDITIOES. On motion of Mr. Barber~ seconded by Mr. McHale, the Board added Item ~.C.13., Consideration of Resolution Authorizing to follow Item 8.C.12., Approval of Water and Sewer Csntract for ~ore~t View, ~ection 4; added an addendu~ to Item Consideration of Additional Items for the Proposed 1995 Le~i~latlvs Program; replaced the resolution for Item Supporting the Virginia swimming and Diving C~n%or; submitted the resolutions for ~te~ 8.c.i.t., Recognizing Mr. Willie Lanier and Miss Sara Carpenter £or Their Achievements to Sports as it Relates to the County Supporting the U,S, Olympic Festival; moved Item ?.C., Consideration of Request of Comcast Cablevimien ef Chesterfield County, Incorporated, for Renewal of I~s Cable Television Franchise and Adoption of Amendments to Chapter 7 of kbs County Code Relating to Providing Cable Television Services in ~he County, te follow Item 1~.~., Public Hearing to Consider an A~endmsnk Extendinq the Ter~ of the Lease Between the county and the Chesterfield County Fair Association, Incorporated from December 31, 19~9 to December 31~ 2009~ and deferred Item 6., Work session on the Quarterly perfor]~ance Report and Reven~e P~rum until November 22, 5994 and, adopted the agenda, as amended. 5. RESOLUTIONS AND S~ECIAL ~ECOGNITIONS There were no Re~olutiens and Special Reco~nition~ scheduled at thim time. ~. WORK SESSIONS The Work Session on the Quar=arSy Performan=~ Revenue Forum was previously deferred. 7. D~FRRRRD IT.S inappropriate for him to v~te on thi~ i~ue; and excused himself from the meeting. thio request beinq cloned at the April 27. ~994 Board meeting. K~. Daniel stated area citizens are workinq on several issues the Board to defer consideration of Case 94$N0111 until request. ~r. Peele stated staff is currently workinq on a revision and update of the Central Area Plan and have recently hired an a~ono~ic market ~onsultaDt to a~ist with this prejeat. for the Planning Commission ~e begin their consideration of completion of the Plan- Kr- Daniel stated by l~w, the Board has to dispose of the for additional preparation time. Mr~ McHale clarified that the motion made by ~r. Daniel is for February 22, 1994 and for this Case to be heard as a zoning 94-806 1I/9/94 Mr. Micas inquired as to whether it is the intention of Mr. Daniel to have the public bearing for this request tc remain closed. Mr. Danixl stated hu would like ~taff to inform the Board o~ any ahange of ~vsnts relating to this request and at that time, the Board could decide whether the public hearing should be reopened. as %0 any change of event~ relating to this request that would indicate the public hearing ~hculd be reopened. Mr. McHale called for a second on the motion made by Mr. Daniel. Due to the lack of a second, the motion failed. Mr. Daniel stated the Flanninq C~mmission has reviewed the Case and unanimously recommended denial. He then made a motion for the ~card to deny case ~4$~Oll~. Due to the lac~ of a s~cond, th~ motion failed. ~r. Barber read inte the retard a letter ~rom Mr. Howard Worrell, Jr., dhairman of the Board of T~ustees for Beulah request to rezone land from r~sidential to agricultural and record a letter from ~r. James Letter, chairman of the requestin~ the Board approve this request as they feel ~t is into ~he record a le~er from ~r, ~, James Davi~, III in the best interest of the Church and was also eupperted by letter from Nr. Howard Worrell requesting approval of the zoning aa the Church feels the new business will be beneficial to the neighborhood while maintaining compatibility with the appropriate %o approve the request and although it ie unusual for him ts make a motion for approval on a ease not within his DisLrict, this particular request has repeatedly come Deform the Board and the letters indicate the business is welcomed in the area. Mr. Barber then made a motion ~0r the soard to approve case prement at the discussions relatinq to this requemt and he is concerned about approving a chamge in rezoning in another District Supervisor or being voted on by all Board members. He further stated he has received the same letters read by Mr. resolving this matter. Dr. Nicholas ~han seconded the motion made by ~r. mather. When asked, ~r. ~arber stated his motion includes the reconu~endation by ~taff to include a condition which would recommended denial of this request and he feels the reques= is for shoe~horn development, ae further stated he feels the 94-807 11/9/94 ....... I ..... L ......... L ........... [ L ...... triangular piece of property was never intended to be used and the Church and ~ke l~dswner collectively need to work together for a ccmbine~ zonin~ that would incorporate the Church and the triangle as a unified zoning request as it will elevate the entire quality of th= corridor. He utated he is only aware of one other occasion in which the Board voted on a zoning case that was not ready in th~ judgement of the District Supervisor continua. He expressed concerns relative to ne% ~eing in£orme~ request; con~ideratlan being given ts those uitizens who submitted petitions in opposition of the request; the legitimate, correct, quantitative, lan& use objective decision made ar the proper ~i~e; a~ the manner in which the decision Barber, seconded by Dr+ Nicholas, for the Board to approve Cass This Conditional Use shall be granted for the purpose of internal traffic circulation to serve the commercial development on Parcel 15 on Tax Map 66-$ (1). This access t~e plan prepared by Mozingo & Associates, consulting Engineers, revised on March 4, 1993. (P) Abe=emblem: Mr. Daniel. 7.B, CONSIDERATION OF ADOPTION DF ORDINANCE TO AMEND CODE OF TKE ¢OUNT~ OF CHESTERFIELD, 19~9, AS kM~N~ED, ~DOPTIN~ AND ~HACTIN~ SECTIONS ~ENE~kALLY TO ~r. Stith stated uonsidera~isn of adoption of an ordinance relating generally to ~igns was deferred from the octeber 1994 Board meeuing. He further s=ated s:aff . recommend= adoption of tho ordinance. Mr. Barber stated ha ha~ developed ueveral amendments to tho County in general. He reviewed each of the amendments including any freestanding ~ign advertising multiple franchise ~en a~ked, Mr. Kirk Turner, Planning Administrator, stated the Planning Commission, staff, and the sign committee endorsed a advertise any number of franchises in one building signs to increase t~ 30 square ~ee=. Mr. sarber =ontinued to r~view ~he amendments including any he ~tated the Sign Committ~ made no recommendation on gasoline price numbers and he feels the price of qascllne is the single moat attractable piece of.information for motorists. Hr. Turner stated the sign Committee and the Planning Commission took into consideration that there were certain ~uslneszes that needed to advertise temporary messages or special sarvice~ or produot~ and the proposed ordinance offers a bonus of 25 percent in the size of a freestanding sign if an interchangeable message slgn is incorporated. There ~ae brief discussion relative to the ability for gasoline noted it was the general consensus of the Planning Commission and the sign Committee that such signs should be p~rmittsd the increase allowed for interchangeable copy sign~. ~r- Barber continued to review the amendments insluding the developer ~eing a~le to select three colors ~o be used by similar; and ~he definition c~ logo being defined tc ~e any of any combination thereof, but not including letters or anything known or attracting attention. the ordinance relating to logos be changed te "logos having market recognition," ~r. Barber reviewed a final amendment that in addition to ene businesses with drive-through facilities; one temporary sign products or services may be used along a drive-up window lane provided it is located so that it is not visible from adjacent residential ar~as or public rights-of-way; and these signs no~ permitted or in calculating =he total aggregate sign area should be included. Ee noted this request originated from the the last public hearing includin~ permitting offsite permitting electronic message center signs and mtated he He further stated there are ~hree electronic message signs in the County and he has never received any complaints regarding to review thim process and how the County can regulate electronic message signs in the future. four to one to ban electronic message signs. ~r. Warren inquired as to whether Mr, Barber would support restricting the current usu of electronic message signs to ~idlothian Turnpike. Mr. Barber stated he would agree to iimXting the~e signs to Midlothian Turnpike. in=luding a ~pecial overlay district wbish th~ Board would be Discussion, comments~ and questions ensued relative to electronic message signs being restricte~ in special overlay distri=ts and the ~ign~ being llmit~d a~ a conditional n~e; electronic ~eosags ei~n~ and the current ordinance whiuh prehib£ts flashing signs and based on the direction of the Sign Committee; the staff interpretation of the ordinance being that if a message changes more frequently than every 15 minutes, then it is a flashing sign, therefore, not pel-mitted; staff changing that interpretation if given direction by the Board; staff needing direction f~sm the Board regarding the 15 minute interval; and the time intervals sf the two electronic message signs located on Midlethian Turnpike. Mr- Turner stated st~ff r~co~endx the Board =hangs the 15 minute interval to four seconds and to remand electronic message signs to the Planning Commission f~r their r~view and Mr. Barber indicated staff's recemmen~a~i:n ia acceptable. Mr. Daniel stated electronic message signs is the wave ef the future and requested the issue of distancing between the signs Dr. Nicholas stated he concurs with Mr, Daniel that distancing standards for signs be established. Mr. McHal~ instructed staff to include distansing standards for ~igns and any other appropriate standards ~elatinq to electronic message signs that would add consistency to the regulations_ amen~ the Cede ef ~he Ceu~tv ~ Chesterfield~ 1978, as amended, by repealing Sections 21.1-165 through ~I.5-~70.1 and adopting and enacting sections 21.1-270,2 through 21,1-~70.1~ and amending Section 21.1~281 relating generally to signm, as amended. He briefly reviewed each of the 9regosed amendments to the ordinance. ~r- T~rner clarified that the motion mad~ by Nr. Barber includes staff'~ ~uDported amendments. There was b~ief discussion ~elative to those issues being Dr. Nicholas seconded the motion made by Kr. Barber. ~r, Warren stated the Board does not want to lose sight of the work done by the Sign Committee, the Planning Csmmission, and st=fl Qn this issue and he feels time will determine if the additional ohanqee are positive to the business climate. He offered an amendment to the motion for the ordinance to be ~eviewed by th~ Board after one year. Mr, Ba~er and Dr. Nichola~ accepted the amendment to the Chester as to why the virginia Department of Transpor=ation's standards for migm sigma w~r~ not b~ing applied to this ordinance and he feels the Board needs to move forward on this issue- Me further stated the sign ordinanoe will be reviewed by the Board after one year and the Board has the option of changing the ordinance as time progresses and amendments are exempt from the sign regulation and tha~ sign fees will ~e addressed durinq the budget process. He noted the ordinance now permits the use of banners. Mr. McHale then cal~ed tot the vote un the motion made by ~r. Barber, seconded by Dr_ Nichola~ for the Board to r~fer th~ i~ue of electronic message slgns to ~he Planning Commission for further review and ~ecs~umendation including distancing ~tandards for ~ign~ and any other apprepriat~ ~:and~rd~ relating to electronic message signs that would add consistency to ~he standards; for the ordinance to be reviewed by the Board after one year; and to adopt th~ following ordinance: AN ORDINANCE TO AMEND THE CODE OF T~E COUNTY OF CEESTERFIELD, 1978, AS A~ENDED, BY REPEALING SECTIONS 21.1-265 THROQG~ 21.1-270.1 AMD Z¥ ADDING SECTIONS 2~.i-270.2 THROU~K 21.1-270.15 AND BY AMENDIN~ SECTION 21.1-2~1 R~LATING TO SIGNS BE IT ORDAINgD by the ~oard of Supervisors of Chesterfield County: (1) That Sections 21.1-265 through 21.1-270.1 cf tho (a) The purpose and intent of this article is to regulate and ~nhance the character of roadway~ and surrounding areas~ to prevent diminishing property values due to excessive signage; to safeguard the public use and nature of remdwaym; and to (b) The regulation~ are specifically designed to: prevent ~heir over-concentration as well as requiring the= signs not create a hacard d~e =o collapse, fire, collision, decay, or hazards by confusing or distracting motorists or by impairing the driver's ability to see read traffic signs, (3) Enable customers and other ~erzons to identify The following regulations apply to all signs and are in addi=ion to the regulations contained elsewhere in this chapter. (a) Applicable state and federal sign requirements shall (1~ A county sign permi~ shall De required for all signs over eight (=) square feet in area unless otherwise provided in this article. (2) NO sign for which a permit is required ~hal] be srec~ed without a permit. (3) Application for permits shall be submitted on forms obtained et the 0ff~ce of the Building Official, A permit will not be granted for a sign unless the applicant meets the requirements of this article. Each applicatien shall be accompanied by sealed drawings based sn a survey plat~ showing the location of the sign and pxoperty identification by tax map and parcel number. SUCh applications shall include plans showing the size, dimension and height of the sign. In the case of projeoti~ sign structures, ~omplsts speoifications and methods of anchoring ~nd support shall be ~e~uired. Each freestanding sign s~ructure w~ich requires a mign permit shall have the permit number and date of issuance permanently affixed %o the sign by the owner in a location clearly legible from the ground. If deemed necessary ~y the Director of Planning, upon erection of any sign (building mounted er freemtanding), a survey plat c~rtifying the location, height or area of the sign shall be submitted to the Planning Qep~rt~ent v~rifying co~plianc~ with these requirements. A non-refundable PlaDning Department filing and administrative fee shall accompany all sign permit applications. Prohibited Signs {1) signs creating obstructions Prohibited. a. Sign structures s~a%~ not obst~ot any ladder or opening in%ended to provide building or s~rust~re. b. signs shall ne~ be erected ss that sight lines from public rights of way to othsr signs ars obstructed. Information regarding adjacent ~xisting signs shall aecempany sign permit applioations as Unsafe and Dangerous Signs Prohibiter- s. Whenever a sign or outdoor advertising structure becnmee structurally unsafe through damage, maintenance or any other reason and sndangsTs the safety of a building er premises or endangers the public safety, the Chimf Building official shall ~rder that the sign be made safe or removed,in aoGor~anoe with the r~quiremant~ of th~ Virginia Uniform etatewide Building Code and Arti¢l~ I of Chapter 6 of this Cede. b. Ne sign shall he erscted, used, manner that~ ~y rma~on of the position, shape or color~ it may interfere with, obstruct %he View o% or be confused with any authorized traffic sign, signal or device. c. NO sign ~hall be constructed, erected, used, operated or maintained which displays lights resembling er seeming to resemble lights customarily associated with danger e~ much as are customarily used by police, fire, or emergency vehicles. d. sign lighting shall be positioned and shielded es as not to impair the vision of nny motet vehicle op~retor or obstruct firefighting or police surveillance or cause any direct glare into er upon any property other than the property to which the sign other Prohibi=ed Signs. prohibited by this article~ the following ~igns b. Any sign placed on utility poles o~ s~op ~igns excep~ for approved Signs may be attached to trees only disturbing activities. ¢. Any moving or sound-producing sign regardless of whether or not the sign has a written message or whether all or any part of the sign moves by any means, including, by rotating, fluttering or being se% in motion by includes, but is not limi~e~ to, hot or cold air balloons, inflatables, propellers or discs. This paragraph within Village Districts, the ~irector of ~lanning may approve suoh (2) days for special community events if notified in advance in writing. d. Any flashing sign displaying flashing changing degrees of intensity or displaying time, date and temperature. A changeable copy sign greater ~han four (4) seconds shall moving sign. ............ [ L__L ....... L ............... I L. , ,i e. Any sign displayed on a stationary vehicle when said vehicle is used primarily for the purpose of and serving %he function of e mobile or p~rtable sign~ including~ but not limited to, the parking of a vehiclm for a p~riod of more than twenty-four (~a} hours ~cept when such vehicle ls parked in the driveway of the residence of the operator ar when the vehicle is parked to the ~ide or rear oS a commarciai building and is not visible from adjacent public roads or is loading ur unloading. f. No freestanding sign shall be constructed so that ~ny portion of the si~n or its supports shall overhang any portion of a building. Requiring Permitm. The following $ign~ may be erected without a sign permit but mhall be in accordance with the structural and ~afety requirements of the Uniform ~tatnwide Building Cuds: a. official traffic signs, warning signs, signs maintained by law or governmental order, rule or regulation. b. Any sign or portion of a sign used to idsntiSy a stremt address provided that no numeral or letter is used as the name of the buslnes~. o. Any si~n inside a bu~ldlnq or other ~nclo~ur~ which is intended for viewing by patrons inside the building or anslomure. Non-illuminate~ signs, not mor~ than three (3) ~quare feet in area, prohibiting ~re~paseer~, hunting, fishing, ~clicitor~ or parkin~ or announcing adoption of highways for litter contrslr pomtmd property, crime watch areas or the towing of unauthorized vehicles, e. Works of art or the architectural feature~ ur characteristics of a building that do not include or imply walt murals or paintings, decorative that they do not e~ceed a height of forty (40) feet, f. Traffic control signs on private property_ These ~ign~ include but g. Mandicapped parking and access signs. Flags, emblems and insignia of any nation, politioal unit, campaign, or an edmcational, charitable, religious or similar shall exceed forty (40) feet in height. In addition, one flag which ~d~ntifies a business, public or private organization may be permitted when displayed in a grouping with any governmental flag, provided no flag pole shall exceed fomty I~o) feet in height. Under-canopy signs within shopping centers. ~ach eLere shal~ be pe~mitted one (1) sign not to exceed eight (8) square feet in area in residences and in shopping centers and office parks, provided that they do not exceed a height of forty (40} feet or an area of fifty {Su) square for identification, multiple individual tsnant names and/or lo,us ur conveying a semmsroial ii. b~corative flags displaying occasions may b~ iii. ~ach £1a9 must be individually o~her device. Yard sale signs not mere than four (4) square feet in area. Such signs shall be limited ~o a maximum of (1) off premise~ and one (1) on within forty-sight (48) hours after the even~. rasiden=ial pr~mis~s. i. Tempsrary on-site real estate ~ign~ advertising the a~le or be illuminate~, shall be main=aimed in good eenditiun and shall be removed within ten 94-815 or rental of such property. ii. Temporary off-site and on-site real eetate siqnfl may be placed on private property directing the way to premises whie~ are for sale or rent that are open to the public £er inspection. $~ch signs shmll he erected only the public fur inspection and shall be removed when the agent or owner closes the building for public viewing. Each real estate agent or owner shall be limited to She (1) sign per street intersection and one (1> sign per premises being rented or sold. Thc message shall be restricted to "open house", directional arrow, and the real logo, phone number and the hours the building i~ Open for inspection. iii. Any permitted temporary real estate sign shall not exceed six (6) ~quare feet in area. m. Directional signs advertising spesial community events provided that they do not e×ce~d four (4) ~quare feet in area, there is not more than one removed within forty-eight (48) hours after the event takes place. Before these signs may be installed, th~ Director of Planning must be notified in writing of their location, message n. Temporary now hiring signs during periods a business is accepting applications for employment. rights of way subject to sppruval by ~he Virginia (a) Public signs posted by or on behalf of a vehicular traffic. (c) Bus stop signs posted by a public transit (d) Information signs of a public utility regarding its pole~, lines, pipes or facilities. 11/9/94 Directional signs indicating the location of churches, schools, hospitals, parks, scenic airports. (3} Banners: Sannars do not reguire a sign permit. Before a banner can be used, the applicant must notify the Director of Planning in writing, of the size, area, proposed location and manner of fastening of the banner and receive approval thereof. Any banner installed without prior notification to and approval of the Director of Planning shall be removed immediately upon notification by the Planning Department and no other banner shall be displayed on site for ninety (90] days. (b) A ~in~le bamner nsf to exceed fifty (50) square fee~ in area may be used ~o advertise a new business which ha~ nut in~tall¢d its permanent signs provided the banner is net used for more than thirty (90) day~. A single banner not to exceed fifty (~0) square feet in a~ea may b~ temporarily u~e~ ~o advertise special events provmd~d the banner is net use~ for mere than fourteen (14) days. (d) The area of these banners may be increased in accordance with the following: i- On~ I1) squar~ foot for eaoh two (2) feet of store frontage mn excess of 100 feet provided that no bearer shall exceed l~0 square feet in area. One (1) square foot for each fifty (50] feet the store is setbaok from the nearest public road provided that no banner shall exceed 150 ~quar~ feet in area. iii. No ~o~ than ~50 squar~ feet within village areas when used to advertise ~ommunity events and displayed ac~ess p~blic roads. (e) Th~ time periods in paragraphs (b) and (c) shall be counted consecutively and a ~anner shall not be ~rect~d mars than four (~) times a year on the same property. (4) Any displays which contain political, campaign, ~eli~ioUS, educational or charitable messages or which advertise events for non-profit organizations, provided that, such di~play~ ~hall not exceed eight (8) square feet in area, shall not exceed a height of fiv~ (5) feet a~d, if applicable, shall be removed within thirty (3Q} days of the event they advertise. (a) If any oondi%ion imposed or accepted as part of any this article the condition shall c~ntrol. 94-817 11/9/94 (hI Any sign not lawfully existing prior to (insert effective date) and whisk could not have b~n erected in accordance with the provision~ of the ordinance then in effect, shall net become a legal s~gn by the enactment of this article and shall ba (si Any sign lawfully existing prior tu (insert effec=ive date) but which could not be erected in accordance with the requirements of this section, shall be deemed to be a non-conforming sign and may oontinue subject to the following conditions: (1) The si~n must be properly maintained. The sign m~ut be in a safe Condition. If a non-conforming ~ign is enlarged, changed or a~ter~ structurally, the sign must comply with all of the requirements of this article except as provid®~ in parmgr~h (d) below, (4) No non-conforming sign shall be repaired or refurbished at a =cst in excess 0£ thirty-five (35) percent of the replacement cost of th~ total sign structure, unless it is bzought into conformance with th~ requirements of this ar%isle. ~or~al maintenance and copy change of tc be repair er refurbishing costs- (5) ~unconforming signs and their structures which are either destroyed or damaged to the extent uf fifty (50) percent or more of their appraised value shall not be rebuilt sr r~pairad ~xc~pt in conformance with this article. Id) Any non conforming sign may have a new ~aoe substituted for its old face wi=hour effectxng its non-conforming status. Further, any ne~ tea&mt in a multi-tenant building ~ay ~reet new building mounted signs in conformance with thi~ article without affec=img th~ non-conforming status of oth~r signs on the building- Any ~nant wishing ~o modify existing signs, excep: to reface the ~igns, shall bring the modified signs into conformance with this artiule. [e) ~y business ~hiok ~a~ closed s~a/1 ~e required to remove uny on- or off-premiues signs associated with the business within twelve mont~s o~ ~e end of the calendar year during which the business closed. Sec. ~1.1-270.5. Outdoor Advertisin~ Signs. [a) Outdoor advertising signs shall be prohibited unless otherwise permitted within this article. (~) Ail nomoonformin~ outdoor a~vertl~ing ~igne existing on and after July 22, 1992, may remain in place after beaching nonaonferming, Drevide~ t~at tn~y are maintaine~ in accordance with this article~ and provided further that after an OUtdoor adYsr~ising sign nas been nonconforming for seven (?] year~, i~ shall be remove~. gee. 21.1-270.6. SiGn DesiGn and Setback Recuiremeats. (a) With the exception of signs permitted to be placed in the right of way ae per section 21.1-270,3(d) (2), all signs, including directional signs, shall be set back at least fifteen {15) feet ~rem all property lines, unless a greater setback is speoified~ or unless otherwise specified in this article. However, along publiu rights of way, Chis setback may be reduced to a minimum of twenty (20) feet from the edge of pavement or face of curb, but in no case shall the sign be set beck less then cna (1) foot from the property lin~ provided the owner of such sign shall rmlocate the sign %0 conform :e the requirements herein at such time that the adjacent road is widened. Within the village District, the sign setback shall be five (5) feet from the right of way line, Along roads which have proposed right of way e~pansion as delineated in the Comprehensive Plan and smch right of way has not been acquired, signs may be located within the p~oposed right of way provided the owner shall relocate ~he ~ign in accordance with the requirements stated herein once the rights of way ars acquired. (b) Sign Psckaqe Reguirsd: A comprehensive sign package for all signs within a proposed deuelopment shall be submitted to the Planning Department for approval. The sign package ~hall provide ~etailed rend~ring~ to include colors, size~, lighting, and location for all signs within any development. A unified system of signaqs and graphics shall be provided within an individual 4eveloDment. Th~ letter style, graphic display, and color of all signs and graphics within a shopping industrial ~ark shall be similar. Area, location, material, and color ~halt be compatible with ~uildiags and sits design. (2) The developer shall dstermin~ that either Sigh cans, canopy or awning signs or individually mounted le~ers 8hall ~e u~ed within the The developer shall ~elect thr~ (~) color~ to be used by tenants and ~ut-parcels. However~ having copyright or trademark protection. shall be similar. (4) Notification of these determinations shall be submitte~ in writing to the Planning Department for appmoYal. (5) Sign packages for developments shall be submitted in conjunction wi~h the ~rst site plan submitted for approval within the project. In the avant the applicant disagrees with the %he sign paekage~ the applicant may file an with the process as specified in section 21.1- 275(d) - (c) Changeable Copy Signs. sign face unless the changeable component of the sign face occupies less than half the total area of that sign face except for movi~ theater signs. 11/9/94 : I; I . L I L _: (2) If changeable copy is used, it shall be located adjacent to or integrated into the sign face. Lettering ~f changeable ccpy shall be of a single, simple, easily legible lettering style and shall be of uniform color and size through~ut the changeable copy portion of the sign. (~) G~aes, live groundcover, shrub~ and trees consistent with ot~er si~e plantings, shall be provided a~ound each individual per,anent freestanding sign. The landsoapin~ reguired by this section shall be depicted on site or landscaping plans. (e) %lluminatkon. (1) External lighting shall be limited to light fixture~ using white, not colored, lightin~ and shall not bs blinking, fluctuating, or moving. Zxternal lighting shall be provided by concealed and/or screened spots or floods and shall be arranged and installed so that direct or reflected illumination ~oee not e×s~ed footcandles above backgronnd measured at the l~t line of any adjoining residential, to~nhouse residential, multi family residential, or agricultural district or public right of way. Internal lighting for freestanding signs shall be limited tu internal light contained within translucent letters and/or loges ~nd internally illuminated sign boxes, provided the background or field on which the copy and/or loges ara placed, is opague. The ~rea illuminated iD r~triot~d to th~ sign face only. The direct or reflected illumination ~hall no~ excee~ lot lin~ of any adjo~nlng residential, townhouse residential, multi-~amily residential or agricultural parcel or public right of way. Changeable copy boards may Lave a translucent signfield, Sec. 21.1-270.7. Limitation on SPecific (a) Window signs: ~igns attached to doors er windows which are l~gi~le from outside the building shall not excee~ an percent cf the to%al window Or door area cf any one face of the building. (b) Directional S~gnS; Directional ~i~ns such as enter, axi~, employee ~arking, or shipping and r~i¥ing ~hall be limited to no more than two [2) per public road enCran~ which shall be legible ~rom tbs adjacent public ro~d. Business may be permitted on directional ~igns provided tko logo(s) doss not Occupy more than 25% cf the dirsotisnal sign face. Business names will not be permitted. These signs where provided shall accurately indicate actual traffic patterns, (c) On-site Directory Digns: On-site directory sign$ ~hall be limited TO ne more than one (1) per vehicular entrance into tko project. On-site directory signs shall either be screened by landscaping or located ~o that they ar~ not legibl~ outside a project. These signs shall nob be included in calculating the number of freestanding signs permitted or ~n calculating thm total aggregate sign area. (d) Order Board Signet One (1} detached order board is permitted far each stacking lane for busieeesee with drive- through facilities. In uddition, one (1) order board not to exceed four (4) square fee% shall be permitbed for each parking space or fueling location provided such signs are attached to columns supporting a roof canopy and have a finish color compatible with and similar to colors used on the canopy. in area ~dvertising special products or services may be used along a drive-up window lane provided it is located ee that it is mot visible from adjacent residential ares or public rights- of-way. These signs shall not be included in calculating the number of freestanding signs or in calculating the total aggregste sign area. (e} Scoreboards and other signs advertising goods, survicos or preducts shall be permitted within ball diamonds, ball fields, racetracks, stadiums, arenas er ether facilities accommedating sporting events or activities, where such signs ar= n~t visible from off ~he p~opert~ there shall ~e no limitation of size or height. When such signs are visible from off the property, they shall net exceed silty-four (6A) square ~ast in area each. In addition, they shall be attached on the interior of a fence or wall enclosing the facility and shall no~ exceed the height of the fence or wall. However, where a fence er wall is not provided, the scoreboard or sign shall not exceed a height of eight (8] feet and shall be located se that it is not intended for view off the property. (f) Multi-tenant office buildingm which only provide common entrances for all tenants shall, be permitted a ~aximum o£ two (~) building ~ount~d mignm, no mor~ than one whio~h ~hall be visible at one ti~e from off the Additional building mounted tenan~ id~ntificabien eign~ not to exceed three (3) square feet in area er mounted no higher than the main entrance shall be permitted provided the total area of all signs does not exceed the area pe~mitted for the building. (g} Barber poles which are used to advertise establishments which cut hair shall be permitted to revolve only when such poles ara located within ¥illaga districts. Division 11 - salldin~ Mounte~ Sec. 21.1-270.$. Determination of Buildinc Moun~ed ~i~n Area. (a) The total buildinq mounted sign area permitted for any project, development or use shall be calculated at 1.2~ square f~ob for each one (l) linear foot of building frontage, provided that a minimum of twenty (20) square feaz but no mere than 150 square feat shall be permitted. F~r buildings having frontage exceedin~ 150 feet, the Dermlttsd building mounted sign area may be increased one (1) square foot for each additional three (3) linear feet cf building frontage- On individual site~ or outparceln wh~re freestandin~ signs ara permitted by another section, the permitted building mounted ~ign are~ may be calculated at 1.75 square feet of sign area for each one (l) linear foot cf building frontage provided a freemtaedin~ si~n is not erected. Where individually mounted or painted letters are used, the minimum a~ea shall be increased to thirty (30) square £aa~. Building frQntage shall include canopy lengths in the case of service stations and other uses providing drive-up windows. Sec- ~1.i-270.9~ Calculation cf ~uildinq Moun~ sion Area. Building mounted signs shall be calculated az follo~: (a) Projectin~ signs. The area of a projecting sign shell be calculated as the area cf a rectangle which sncompasses the s×treme limits of eask individual sign face including all advertising ~urfaces, back~roand, framing and ornamentation which is visible from any dir~ctian at one ti~e. (b) Canopy or awninq signs. Canopies ~r awnings that are internally lighted and covered wi:h fabric, plastic or other similar translucent material that transmit light mhall ~s csnsiaersd signs and shall be prohibited regardless of whether or not sign copy, characters or leges are displayed ~pon then. Canopies or awnings containing lighting fixtures which illuNinate only items below ~he canopy or awning, but not the canopy or awning itself, shall not be considered signs unless the canopy or awning con,sins sign copy, characters or loges. Canopie~ or uwningm that ~ave no internal lighting shall not be considered signs unless the s~nopy or awning contains sign copy, character~ er loges. Where c~opi~s or awnings contain sign sopy~ the area of the~e signs shall be measured by calculating the total a~a of tko surface upon which the sign copy ±~ located. (c) Individuallv mounted or mainted letters. The area of individually mounted sign letters or painted letters applied directly to the buildin~ face and ~hich are not further emphasized by an architectural or painted element of the building shall be calculated a~ ~h~ ~um o~ the area within a series of rectangles which encompamses each individual letter or logo. (d) Ail othsr buildin~ mcunte~ signs. The area sf all other building mounted signs, to includ~ ~igns written in cursive, shall be measured as the area within a single rectangle which encompa~s%s the eztreme limits o~ all letters, loges, advertising ~urface~, background, framing, ornamentation cr si~n cans. Letters and loges not attached and not provide~ on s~gn cans, boxes or awnings may be separately calculated by enclosing them within their own rectangle- Sec. 21.1-270,10. Single Family Residences- (a) ~ign~ used for the purposes of displaying the name of a house er a home occupation for a single fanily r~sid~nce ~hall be non-illuminated and no larger than one (1) square f~ot in area. Sec. ~1.1-270.11. All Other Buildlngm. (a) Where the side or rear lot line adjoins a residential, townhou~e residential, multi-f~mily residential or agricultural district~ the building mounted signs shall be attached fla~ against the building end shall not face the ad, scent lot in suc~ districts unless such sign is located at least 150 feet from such district. 94-82~ 11/9/94 (b) Signs may be mounted p~rpeDdicularly t~ a building provided that no sign shall project more than thirty (30) inches f~om the building~ roof O~ canopy inches o~ exceed the hdight of the ~offit. (c) No building mounted sign shall project above the roof line or parapet wall of any building. (d) On all com~erciai buildings which border roads or driveways or parking lots intended for use by the general public on both the front and rear Bides, the sign area for a mingle tenant which extends from front to bach of the building may be increased by 100% provided that the sign area exposed to any single street or view is not increased beyond what is normally permitted. This bonus shall be calculated based upon the maximum area of building ad~ad. may be increased by fifty percent (S0%) for buildings on lots located at th~ intersection of public reade provided tha~ the ~ign area exposed to any single straet is not increased beyond what is normally permitted. This bonus mhall be calculated based upon thm maximun area of building signs permitte~ before any other bonus is added, Division III. - Freestandin~ Sisns See. 21.1-270.12 Freestandin~ siqn Dmsi~n. Monument, pylon or mast arm style freestanding sign~ may ba provided. All structural supporting ~lmments O~ free~tandin~ ~ignm mRall be covered with a material having a similar color an~ finish to the building which it advertises. (b) Any freestandin~ sign in an O-I or C-1 District sh~ll comform bo the village ~taDdard~. percent (25%) if an interchangeable copy si~n is included, except for those $igns advertising movie (d) Any freestanding sign advertising on-site retail salm of gasoline or diesel f~el may be increased by twmnty-five (RS) square fe~t for the purpose of advertising ~uel prices only. (e) Any freestanding sign advertising multiple franchise between the franchises may be increased by fifby (50) percent. The area of a fraastandin~ ~ign face shall be computed by combination thereof ~hat will encompass the extreme limigs of the wrltin~, representation, emblem, solor, or otbe~ display, the baoRground of the display or u~ed to differentiate the sign from the backdrop or structure against which it is placed, but other regular±one and is elearl~ incidental tc the ~isplay itself. For ~ sign ~onsisting oi two {2) or more ~ides, wh~r~ the interior angle between any 0i t~e ~ide~ exceeds ninety I90] degrees, the third and each succeeding sign face shall be counted when calculating sign area. Sec. ~.~-270-~- Calculation of Frees%ending Siqn_~i~ht. (a) Where the sign location li~s below the road ~l~vatien nearest to it, the sign height shall be measured from the road grade of %he nearest travel lane to the sign to the top of the highest attached component of the sign or structure, lb) Wher~ the sign location li~ above the road elevation nearest to it, the sign height shall be measured from th~ normal flnlshe~ grad~ of the site to the top of the highest attached component of the sign or strusture. Artificially increasing the height uf the sign by berming or mounding dirt or ether material a~ the sign base shall be Drohlbited. Section 21.1 270.15. Free~andina Idensification Signs. Freestanding signs may be Drovidsd for the fallowing feet and height is measured in feet. If a site frnn~s along two (2) major arterials as indic~te~ on the Comprehensive Plan, a freestanding miqn may be permitted om each major arterial. (1} The following freestanding prsject identification signs ara permitted: a. Mixed uss or multi-subdivision commnnity identification signs. i. When the development occupies 50 Countywide village Area H~t. Ar~a Kgt- ii. %~en the development occupies greater than 50 corse: Countywide 100 20 vill=ge iii. A fifty (50) square foot freemtaeding zign may be p~rmitted at each secondary entrance bo the dcvslopment. Commercial~industrial project identification signs. Theme include shspping center, o£~ice pa~k, medical park, commercial park and indumtrial park identification signs, when %hey idmntify a project 300,000 square feet or greater of Conmtywid~ Village Area Hqt. Area Hqt- 100 ~0 ~2 8 Residential co~uni2y identification signs. These include single family subdivision (inclu~in~ individual subdivision identification signs within mult{:suhdivisien communities), townhouse community, apartment community and condominium community identifioation ~igns. On~ such sign sh~ll be permitted for each separate street entrance to the development, One (1) such sign shall be pernitted on each ~ide of an entrance if both signs are attached to an ornamental wall or feature. Sign area i~ ea]sulat~d by number cf unlt~. Area allowed is twenty (20) sq,&re fset for each ~00 dwelling units in subdivisions or projects with a guaranteed minimum area of 32 square £ee~ and a maximum of 1QQ square feet. Countywide Village Arsa H~t. Area ~ 32 15 20 7 The following freestanding building identification ~iqn~ arm permitted: Residential building identification signs. These include historic buildings or markers and historic single ~am~ly building name signs. The~e ~ust appear in the County of chesterfield, State of Virginia or National Eistorical R~g~st~r. Countywide Village ~rea Hq~. Area Hgt. ~ulti-family building name signs. Countywide Village Area ~. ~rea Hgt. Other places of lodging to include group cars facility, group hemes, rest homes and nursing hon~s. Countywide Village Area H~t. Area Hqt. 50 15 2~ 8 Hotels/motels When they f~ont on interstate highways: Countywide Village Area Hgt. Area H~t. 150 20 24 8 When they front On other kighway~ Countywide Villag~ Area ~t. Area 75 15 24 Restaurant~ a~cciated with hotels/motels. buildings: Countywide Area ~gt. When restaurants Countywide Area Hgt. are freestanding village Area ~ Village Area ~qt... Non~ Boarding hcug~s or bed and breakfaEtE. Countywide village Area Hgt_ Ar~a R~t. 16 8 16 g Publio/~mi-public uses. These include churches, schools, libraries, fire stntione, phrk~, re~oue squads, wate~ or When they front on roads which are at least four (g) lanes wide: Countywide Village Area H~t. A~ea Hgt. 5O 1S 24 g When they front on roaR~ Ieee %hen fo~ (4) lanes wide: Countywide Village A~ea ~ Area H~. 32 15 2~ 8 Reoreation/ente~tain~en% facilitiee. Neighborhood recreation facilities: Countywide Village Area Hgt. Area Hqt. 94 826 1119194 Movie theaters (sign area is calculated by number of screens provided). Ar~a allowed per screen is twenty I201 square feet, Theaters are guaranteed a minimum area of fifty (50) square feat and a maximum of Countywide village 50 15 24 8 Stadiums, arenas, places of public assembly ~ith fi×~d seats. Countywide Area HGt. 15 Village Area Hot. 24 8 Golf course~, driving ranges, miniature golf courses. Countywide Village recreational, fraternal clube and lodges. Countywid~ Villaqe Bowling alleys~ skating rinks. Countywide Villaqe Area Hqt. Area ~t. ~o~pitals, funeral Countywide village Area B~t. Area Hqt. include professional, services, retail When ~bey are freestanding: Countywide Vitlaqe Area Hat, Area offices and industrial buildings when they parks. Countywide village Area Hqt. Area H=~t. ]~ 8 24 2 All othe~ buildings when they are located within shopping ceo%era or business pmrks: A~ea Hgt. Area ~ 20 8 20 8 Greenhouuea, nurseries, lawn and qarden. Countywide Village Area HGt. Area ~ 50 15 24 $ Vehicles, sales, service and rental. Countywide Village hrea HGt. Area Hqt... rental and vehicle repair: Countywide Village Area H~t. Area Hqt- 50 15 24 $ Warehouse and wholesale. These include mini-warehouses, warehou~ee, ~holesele houses end distributors. Countywide Village Area ~qt. Area Hgt.. Industrial. These include manufacturing and fa~riuatlon ~nd assembly ~ses, contractor's building and storage yards. When tho facility occupies 25 acres or Countywide Village Wh~D the facility ocoupi~m greatmr than 25 Countywide Village Area Hgt. Area Hgt. 100 15 24 8 94-825 11/9/94 ~ranspertatisn uses. Taxi companies, train ~tatisns, bu~ stations and airports. Countywide Village Area Hgt. Area Hgt. 50 15 24 ~ Truck terminals. When they occupy 25 acres or less: Countywide Village Area Hgt. Area Hgt. 50 15 ~4 8 Countywide Village purpose of farm identification shall be setbaGk at least fifty (s0) feet from the shall be painted or printed, and the total aggregate area of all signs ~hall no= exceed twelve (12) ~quare feet. Countywide village Ar~a ~ Area ~qt. Farm pro4ac= signs. One (1) hemporary sign advertising the sale of farm products provided suck signs shall not be illuminated, shall ~e painted er printed, maintained in good condition, and shall be rsmsve~ within ten (10) days ~fter ~he end Countywide Village Freestanding directory/~nu board signs. Directory signs, A shopping center, office, industrial, commercial park or ~i~ilar group ~f buildings may have (1) freestanding on-~i%a directory sign near each major ~ntrance along a public road. Such sign(s} s~all be limited to identifying end providing directional inSormu~isn ts the individual businesses located within the development. These may includ~ loges and/or busine~ names of individual businesses in ~he development, Countywide village Area Hgt. Area ~_~=t. Menu/order boards. These may only be provided for buildings with stacking lane windows. One may be p~ovide~ for each stacking ~ane and shall b~ Iocatcd so that it is not legible from elf the props=ry. Countywide Directional signs+ Village Area ~qt. On-site dirsctionals. Directional $ign¢ indicating location of truck emtrances~ employee parking, shipping and receiving, and simila~ aetivitiem; provided that all ~uch signm are located on the property of the business. Countywide village Area H~t. Area 4 5 4 of~-sit~ directional signs. For sale or rent directional sign~. TemDorary off-site real ~mtate ~igna directing the way to pr~mi~e~ which are fur sale or rent. Such signs shall be generic and limited to two ~) ~ignm per intersection. The me~aqe shall be restricted to the realtors association trademark "R," "For Sale," and an Generic directional shall be removed days after the transfer o~ title or rental of sue~ 9reper~y. Countywide Village Arua Hq~.., Area H~t. 4 7 4 7 Open house dir==tional signs, Temporary off site real estate signs, placed oD private property, directing the way to premises ~hioh are for sale or rent tha~ are open to the public for inspaotien shall be erected only while the building is open to the public £~r inspection and shall be removed when ~he agent or owner clo~e= the building for public viewing. limited t~ one (1) sign per street being rented or sold. The me~age shall b~ restricted to "open he,se", a directional arrow, the real estate co,party or owner's name, the logo, phone number and the hours the building is open for inapectiun. 94-s]o I1/9/94 Countywide Village Area Hq~. Area 4 7 ~ 7 Churoh, school, hospital, parR, library, scenic area, historic area, train mtation~ and airport signe. Any euoh signs and mounhin~ shall not exceed sev~n (7) feet in %otaI height and not more than one (1> sign pertaining to a single place shall be displayed alonq any one (1) street. ~ow~var, where there is a major arterial, as designated by the Comprehensive Plan and the road ham been constructed as a four lane facility, two (2) directional signs may be erected along such read provided there is not more than one (1) on Countywide Village Area ~t. Area Hqt. 7 7 7 following on-sit~ real estatm/construction signs Residential ~evelopment project. One temporary on-site real ~ghat~ ~dverti~ing a r~sidential project, provided such sign ~hall be removed %~hen ninety (90} percent of the dwelling units ~u the project are countywide Village ~Z 10 3~ 7 Commercial development project and oonstru~tion/usa/bueines~/ designer advertisement signs_ One (1) ~emporary sign may be installed and maintained on adverti~i~q the usu to be made of th~ bailding or s~rusture and %h~ businesses a~d firms developing the building or s=~ucture. ~uch sign may he installed only when actual construction ig started and shall be removed upon occupancy of the building or structure. Countywide Village Area Hgt. Area 32 10 32 7 ~4-831 11/9/94 Impending development sign. A single sign notifying that a development is coming erection of any o~her commercial instance shall be permltt~d ts remain longer than three (3) years. Countywide Village Area ~ Area ~qt. S81e or rent of parcels sS land with or without building~ in ©, C or t District~. On~ (11 temporary real ~state sign, advertising the sale or rent of the premises is permitted, such sign shall he located on th~ premises and ~all De removed within ten (10] days after transfer of de~d or r~ntal of property. However, if a sign nc g~eater ~han 1~ square fee~ is pxov~d~d a County ~ign permit shall not be required. Countywide Village Area H~ Area 32 lO J~ 7 Sale or rent of residential premises sign. One (1) on-~it~ temporary r~al estate sign, not exueeding six (~) square feet in area, advertising the sale or rent Of the premi~e~ ~hall be permitted, provided such sign shall not be illuminated, shall be main%aimed in good condition, and shall be removed within ten (10) days after the transfer of title or rom%al of such property. However, if the property along a major arterial and is designated on the Comprehensiv~ ~l~n for residential use, the temporary sign shall me~ the requirements for such signs in the office, business and/or indue=rial districts, Countywide Village Area Hqt. Aras ~gt. 6 7 S 7 With a maximum of t~o (2] riders. Count.;ids Village Area ~ Area Hqt. cite "o~en hous~n real e~tate ~igns for residential premises for sale or r~nt. Such signs shall be erected only while the hom~ is open to the publi= for inspection th~ ho~se for public viewing that day . The message shall be limited to "open kouse i~ upon fo~ inspection- 94-832 Countywide Village Area Hqt. Area ~ 6 7 6 7 Permitted village antryway signs. Countywide Village Area Hqt. Ar~a ~ 70 12 70 12 Permitted civic community service organization and public interest signs. civic community service organization sign and home of the month/business of the months signs. Countywide Village Displays campaign, charitable Ho=. Area Hqt. 5 8 5 which contain political, religious, ~ducational or messages or which advertise events for non-profit Countywide Village Area Hot. Area HGt. ~ 5 8 5 (3) That Section 21_1-281 of the Code of the County of Chesterfield, 197~, as amended, is a~end~d as followm: Sec. 21.1-~81 Definitions. k~'ning - A shelter projecting from and supported by the exterior wall of a building constructed on non-rigid material~ on a supporting ~ramework. copy - The graphic cueten~ of s sign surface in either permanent or removable letter, pictographic, ~ymbolio, or n~meri¢ form. Flag - A piece uf fabric or any non-rigid material of distinctive design, with colors, patterns, etc., used a~ a ~ymbul {a~ cf a nat~on) such as the American flag or CO~OnWealth of Virginia fla~ or which has a commercial or ls~s cT which ks used as a signaling device to attract attention and is usually displayed hangin~ free from a staff to which it is attached. Logo - Any display of fi~ure~, designs, pictures, emblems, lines or e01ors or any combination thereof but not letters or numbers, visible t~ the public for the purpose of making anything knewn or attracting attention. Pennants - A long Discs of fabric or other non-rigid material that has small triangular shaped flags attached to P~le cover - Cover enclosing or decorating pol~e or other Rssfline - The top edge of a roof or building parapet whichever is higher, excluding any m~nsards, c~pelas, pylons, chi~ney~ or minor projections. 11/9/94 sight distance triangle A triangular area that included between the lines of an interse¢%iDg public, street or private driveway and a ~tra~ghT line connecting them at a point twenty (20) feet distant from the existing er proposed right of way line or privat~ driveway intersection. The driveway for a single-family or two-family r~sidanoe shall nc% be subject to the above. Sign - Any display of lettflr, figures, designs, devices: pictures, legos, e~blsm~, insignia, numbers, lines or colors or any combination thereof, visible to the public for the purpose of making anything known or attracting attention. sign, awning - A sign painted on, printed on, ur attached flat against the surface of an awning. Sign, banner - A sign mad~ of fabric or any non ~igid material with no enclosing Sign, building mounted - A sign attached, erected, er pein:ed on the outside wall of a building and supported by any part of.a building such a~ a wall, roof, window, door, canopy, awning, arcade or marquee. sign, canopy - A sign affi×~d or applied to the exterior faming surface or surfaces of a building or freestanding canopy. Sign, changeable - A sign whose informational content can be changed or altered by ~anual or electric, electro- mechanical, or electronic means, changeable signs include the ~ollo~ing typos: 1. Kennel: Signs whose alphabetic, pictographic, or s~mbOlic informational con~ent can be changed er altered by 2. Electrical: signs whose alphabetic, pictographic, or ~ymbolic informational content can be changed or altered on a ~ixed display surface composed of electrically illuminated or mechanically driven changeable segments. Include~ two ty~es: a. F~xed Message £1sctrenic Signs: Signs only certain types cf information prujecticn, such as time, t~mperature, data. b. Computer Controlled Variable Message Electronic Signs: si~hs whose informational content can be changed or altered by means of computer-driven electronic impulses. sign, conmtruction A temporary sign identifying an architect, con:rea:ur, subcontractor, and/or material supplier pa=ticipating in constructiom on the property om which the siqn is located. Sign, detached A sign attached to a flat surface much a fence or wall and not p~rt of a building. Sign, flashing or continuous r%ader board Any mign displaying flashing or intermittent lights, or ether liqh=s of changing degree cf intensity, brightness or color, elecSronieally mowing copy. This definition shall not apply t~ ~ignE which display public service infor~ation ~uch as time, dale or temperature. Sign, frees%andin~ A nun-movable sign supported by a fence retaining wall, or by upright structural ~embers or braces un s= in the ground and net attached to a building- Sign, illumine%od - A sign with an artificial light sourcs incorporated internally or externally for the purpose of illuminating ~ke sign. Sign, mast arm A freestanding sign with a single, unenclosed upright. Th~ ~ign fa~ is mounted under ~ Sign, nameplate - A non-electric on-premise identification · ign giving only the name, addr~ns, and/or occupation of an occupant sr group of occupants. Sign, outdoor advertising A sign, including billboards and painted walls, used as an outdoor display for the purpsse of making anytking known, the matter advertised or displayed no~ related to the premises where such sign is located or to which it is offered. sign, portable - A sign w~ich is not perman=ntly affixed to tho ground, ~o a b~ilding, or o~er unmovable structure an~ is designed or constructed in such a manner that it can be moved er relcGa~sd without involving any structural er support changes and is in one of the following forms: sign~ with at~aehcd wheels, sandwick boards, gas er hot ~r cold air filled balloon~, inflatables, ribbons~ string of flags, tinsel, pennants. Sign, projecting A sign which is attached to and p~oject~ mor~ than eighteen (18) inches fr~m the face of the wall of the building. sign, pylon - A f~sastanding sign that is supported by one (1) or more pole~ or po~ts or other uprights and where the sign face is net encased within a ~t~uetur~. Sign, real estate - Any sign which is used To offer property ~or sale, lease sent and/or development. (4) That this ordinance shall become effective November ~ 1994. Vote: Unanimous ~r. ~eHale stated the Board will be meeting with ~he Legi~letiv~ Delegation for a work s~ssion and at this time~ he would defer Item ~.A., Establishment u~ giver~ron~ Prejec~ Committee and Appointment of Members; ~tem ~.~., Str~etlight Installation Cost Approval; and Items 8.C.1. through 8.C.13., consent I~@~s, ~til the evening session of the meeting. He noted ~tem ~.C.Z. would be considere~ a~ t~is tim~. 8.C.2. CONSiDERaTION OF ADDITIONAL ITEMS TOR T~ additional items to the proposed 1995 Legislative Program. Me reviewed the following 1. A~end th~ definition of fern animals for personal Amend the definition oi '~meeting" to allow a q~erum of gov~rning bodies te attend meetings of local the for~alitie~ r~qu.ired ~ithin the Freedom of ............... L ....... I L ~1 ~L Amend the Charter to provide that all sls~tlons for County ~uDer¥isara wou~d ~ '~non-partisan.~ 4. support ~egislatien which instltutss a $3 Court Technology fee on deeds, wills, releases, and judgments to defray coats of implementinq technology 5. Support increased penalties against those who time and the items the Board desired to include in the Program Leqislative Delegation. Mr. W~rren stated although he would ~e opposed %0 an amendment to the Charter that would provide non-partisan elsctions for County supervisors, he would support setting a 4ate for a public hearing tu allow input from citizens. He further stated he ~ould like to recsiv~ comment from m~bers of the Oemnty~ Legislative Delegation prior to voting on this issue and requested the Board to defer th~ i~ue until after their work session this afternoon with th~ Delegation. Mr, Daniel"stated he feels Item 3., providing non-partisan by the Board, Me further stated he is Unaware of any public support regarding this issue and the regues= was submitted ~y a select group of indivi~ual~- He stated he doe~ not feel want to know th~ party identification uf their elected official~, He further stated he does not ~upport setting a date to hold a public hearing on this item. Dr- Nicholas mtated he Concurs with Mr- warren that thi~ item should be discussed with the Legislative Delegation prior to the Board taking action- On motion of Mr. Daniel, seconded by Mr. Warren, the Board added the following items to the proposed %995 Legislative 1. Amsnd th~ d~fini~ion O~ farm animals for personal property taxes to inelud~ a~otie and wild animals. Amend the definition of "meeti~q~' to allow a quorum ~f geverning bodi~s to at,end ~eatings o~ local organizations wh~r~ no action can be taken ~ithout the fbrmalitie~ required wTthin the Freedom of Information Act. 4. Support legislation which institutem a $3 Court judgments to defray costs of implementing technology improvements in Circuit Court Clerk's offices. 5. Support increased pmnalties against those who assault police officers. Vote: Unanimous There wa~ brief discussion relative to discussing Ite~ 3.~ amending the Charter ~u provide %hat all elections for county Leqimlativs Delegation prior to the Board taking any action. When asked, ~r. Ramsay clar~f{sd the Board would need to 94-836 11/9/94 Mr, McHale made a m0~ion for the Board ~s discuss with the Legislative 5elegation~ Item 3., amend the Charter to provide ~ha% all elections for County supervisors would be "non- partisan," and for thi~ i~sue to be sehednled on the agenda for ~urther discussion at ~he next regularly scheduled Board meeting including an item to schedule a public hearing. ~r. ~icas clarified all Charter amendments, including Item 3., Mill be advertised for public hearings for the December id, 1994 Board meeting. Mr. Barber seconded the motion. Me stated the request ~o sddrea~ this issue originated from Citizen~ far Re~Don~ible Government and Midlothian constituents have expressed concern about partisan politics playing a role in local government. He further stated he has been contacted by one member of ~he Legislative Delegation who indicated he is willing to sponsor the item. He s~ated hs feels i~ is the responsibility Of the Board to ~a~e these t~pc of leadership decisions and th~ more t~e Board acts and r~sponds in a non-partisan manner, the better Chesterfield Coumty citizenm are served. He further the appropriate tim~. session of the agenda after holding its work session with the Legislative Delegatiun. Mr. ~cHale accepted the amendment to the motion made by Mr. Daniel. Mr. Warrun indicated he would like ~o know the position o£ each Delegation me~ber p~ier to the Board taking action on this Mr. McHala called for the vote on the me=ion made hy him, seconded by Mr, Barber, for t~e Board to discuuu with th= Legislative Delegation, Item $., amend the charter to provid~ that all elections for County supervisors would be "non- partisan," and for this issue to be deferred until the evening session of the agenda fur further discussion including scheduling a public hearing on this i~em. Ayes: Mr. McMale, Mr. ~arren, Mr. ~arber, and Dr. Nicholas. Abstention: Mr. ~aniel. It wa~ ~enerally agreed te rmoess to the Administration Building, Room 502, for a ~ork session and dinner with the Legislative Delegation, WORE ~ESSION AND DINNER WITH LEGISLATIVE DBLEGATION Mr. Mc~ale expressed appreciation, on behalf o£ the ~uard, to members of the Legislative Delegation for th~ opportunity te me~t and for their efforts made on behalf of the county over past years. He reviewed major legislative achievements. M~. Warren stated that being partners in rationalism is important to ~he County; that t~ County .has the largest population in cantrul Virginia; that the County ha~ the responsibility %o citizens and tu ~ha region to provide a leadership role; and that he feels members of the Board and Legislative Delegation are providing leadership roles. He reviewed regional educational opportunities including the new campus for Jehn Tyler Community College: virginia Commonwealth Universi~y(VCU)/Virginia $~a%a University(Yea) satellite campus; and VCU engineering school initiatlue amd Hiutechnology Re~earch Park. ~e then reviewed other joint regional ventures including the Richmond International Airport; the Greater Richmend Partnership for Economic Development; the Riverside Regional Jail; and the organization of the Regional Crime Commission- He then reviewed regional initiatives between Chemterfi~ld and the Counties of Hanover and Henricc and the City of Richmond iD the ar~aa of crime p~evention; support for an amateur sports complex; the James River Project ~o enhance and protect the River~ convention facilities; improving public ~afety communications systems; water planning; and juvenile justice services. ~r. Ramsay expressed appreciation to members of the Legislative Delegation f~r t~eir efforts on behalf of the County. ~e reviewed population and population projections for th~ County and noted the age of 50 69 will have the Connty~ highest rat~ cf population growth over the next twenty y~ar~; metropolitan area population trends; average daily membership a~ a p~rcemtaga of total population for F¥95~ average daily membership for FYP~/9~; regional percentage growth in single- family dwellings; and the averag~ sales Dries of housing and noted Chesterfield provide~ the most affordable hou~inq in the region. He then reviewed the FY95 adopted budget; proper~y taxes; outstanding debt for education per caDi~m for FY93~ real estate tax rate for FY94; personal property tax mates for FY94; machinery and tools ta~ rate; real estate tax rates in the region for FY92; FY93 general government employees per 1,000 population, eKcluding ~¢hsols; FY93 expenditures per capita for qeeeral ~overnment, e×mluding schssia~ police calls for service between FYS4-PY92; the number of ~aw enforcement ~mployeeS for 1993; total Uniform Crime Pate part 1 crimes report and percent cleared for 1993 and noted Chesterfield has the highest clearance rata of any 9urisdiction in the region; the number eS fire calls for s~rviee; and the 1995-99 adopted general County and Schools Capital ImproVement Program. He them reviewed actions the Boar~ Of supervisors has taken ever the years to address growth including adopting debt management policies; approving two real estate tax increases -- tied to voter approval of referenda; adopting a "Pay-As-You-Go" Policy; amd implementing mamh proffers. ~e stated other efficiencies accomplished by the County includm improvement of operating productivity; consolidation cf school and County services; and adoption of u~er f~ based on cost of ~erviees. He reviewed the impact of mandates in recent years on the county's budget including theNational Pollutant Discharge £1imination system7 solid waste mandates; the ARericans with Disabilities Act; and the ~0mprehens~ve Services Program. Mr- ~ic~s stated staff ha~ received requests to add five additional ~tcms to the proposed 1995 Legislative Program. ~ reviewed each of th~ following item~: 1. Amend the definition of farm animals for personal property taxes to include s~stlo and wild animals. organizations where nu action can be taken without the formalities required within the Freedom of 3. Amend the Charter to provide that all elections for County =upervisors would b~ "num-partipan." ~upport legislation which institutes a $3 Court Technology fee on deeds, wills, releases, and judgments to d~fray co,ts of implementing techncloqy improvement~ in Circuit Court Clerk*s offices. 94 ~S 11/9/94 5. Support increased penalties against those who assault police officers. When asked, Mr. Ramsay Stated the Board took action to add Program and deferred Item 3. to allow the Board to discuss this $3 court t~chnulogy £ea not originating from Delegate Martin and amending th~ definition of "meeting" to allow a quorum of governing bodies to attend meetings of local organizations within ~he Freedom of Information Aot. Mr- Warren stated he opposes the taking away of the privilege that the Board currently has in running by party affiliation as it relates to Item 3.~ amending the Charter to provide that all elections for County supervisors would be "non-partisan." He this issue with the other Charter amendments. of the ~eard feel such an amendment would benefit the governmental process in Chesterfield. particular reasons in advancing this issue and he does not have a p~oblem with individuals running as independent aandidata~, that prohibits political parties from endorsing candidates for and federal employees and to campaign iesuee. Mr. Daniel stated he did not support brin~in~ this issue before the Delegation a~d he does not support hclding a public hearing works an~ good candidates can be identifi~ through either the amendment will improve government. Delegate Stsven ~a~tin ata~ed his censern is participation by =o auppcr~ candidates who are representatives of a certain of similar-minded people coalescing together for the purpsee of having ~he o~pertun/ty to vote Republican, Democrat, or Libertarian, etc. Delegate John Watkin~ ~tat~d he feels additional research needs to be done on this issue and does net feel it is in at, one's best interest to decide a position prior to receiving citizen review the consequences on Doth si~s 0£ th~ issue and if the majority of Board members votes for this in~u~ a~ a Charter 11/9/94 amendment, them it would be introduced at the time the other Charter amendments are introduced. Mr. Daniel stated the current eys~om allows accessibility for party nominations and expressed ~oncernu as tu where the line would be drawn as it ~elatss to =he nomination and electieR of constitutional officers end other elected officials. He outcry tc warrant a change in the current proc=ss. Delegate Watkins stated local government ha~ been on his agenda for mevmral years amd he daa~ not want ts ce~ partisanship st the local level reach the same as the State level_ He further stated if partisanship is allowed to make th~ deci~icn~ ~n hew local governing bodies work togother~ it will make issues difficult and indicated he is supportive of th~ current as long as party lapels do no~ interfere in the d~cision-making process. Mr. McHale stated action taken earlier by the Board was to d~fe= this item on the agenda to allow an opportunity for Board members to discuss it with members of the Delegation amd that the Board would continue discussing this item ~uriug the evening session of the Board meeting- Delegate Martin indicated he does not oppose holding a public hearing on this issue and tha~ a public hearing will provide Citizens for Responsible Government another opportunity to restate their resolution. ~e indicated he does ne~ feel anyone is c~rre~tly ~n the process of advancing a mantel that would divide, regardless of the label, =he political process and although citizens for Responsible ~overnment proposed this a~endment, he doe~ not ~ellevs that poaltion currently c~eako for the re~t of the business community_ Delegate Samuel ~i~on stated hs feels the nominating process, by political parties~ chooses the be~t per~cn and requested the Board a~ they consider thi~ issu~ to addres~ the primary consideration of ~et~er the change would further the prcme~m of democracy making it more beneficial to the commuDXty- Mr. ~cHale expressed appreciation for the opportunity for the Board to meet with members of th~ Legislative Deleqation. It we~ g~m~relly aqr~d to r~c~ for dinner. neconvenimg! cf Spring Creek ~aptist Church, who gave ~ho invocation. 13. ~LED~B eT ~LLEGIA~CB TO THE TL~G OF T~ UNITED STATE~ OF Miss ~mily ~. Lohr~ Troop 3~7, and Mr. Samuel Joshua bennett, Troop 877, l~d ~he Pledqe of Allegiance to the Flag of the United ~tatss o~ America. 840 11/9194 ~.C. CONSENT ITEM~ ~.C,1, ADOPTION OF REsCLuTION~ NETROPOLtTA~ TRANSPORTATION PLANNING ORGANIZATION On motion of Mr. Daniel, &ecen~ed by Mr. Barber, the Board adopted the followiDg resolution: WHEREAS, Title ~3, Code of Federal Regulations, Part 450~ requires that a Metropolitan Planning Organization (M~O) be and WHEREAS, Title 23, Code of Federal Re~ulations, Part provides for s continuing, cooperative, and comprehensive I'~3- C") transportation planning precese ~er all urbanized areas; Act (ISTEA) of 1991 plaeee new requirements on the 3-c transportation planning process which includes expanding the WHEREAS, 22 U.S.C. 134(c) (ISTEA) provides for th~ Environmental Protection Agency's designated nonattainment area for ozone air quali~y standards; and WHEREAS, 23 U.S.C. 134(m} (ISTEA] stat~s that the ~PO bGundaries shall cover at least the urbanized area and the contiguous areas expected to become urbanized within the ne~t ~0 years; and WHEREAS, Charles City County is within the Richmond- Petersburg nonat~einment area for ozone air quality standard~; WHEREAS, portions of ~ew Kent County that are contiguous to the MPO are expected to become urbanized within the next twenty year~; and NOW, THEREFORE BE IT RESOLVED, that the Chesterfield addition of Charles City County and New ~ent County as voting members of the Richmond Area ~etropoli~an Flanning Organization as shown in the E~hibit entitled "MPC Voting Membership" filed wJ~h ~he papers of ~his Board. AND, BE IT FURTHER RESOLVED, that the Board requests the Governor of the Commonwealth of Virginia to redesignate the Richmond Area Metropolitan Planning Organization providing for the addition of charles city and New Kent Counties to the voting membership. (It is noted a copy of the MPC Voting Memberehip i~ filed with the papers of this Board. CARPENTER RCa THEIR ACHIHVEMENTB TO SPORTS Ag OLYMPIC FESTIVAL On motion of Mr. Daniel, seconded by ~r- Barber, the Beard adopted the following'resolution: RECOGNIZING OUTSTANDING ACHI~V~4=NT~ OF MISS SARA CARPENTER FOR HER ATHLETIC ACCOMPLISHMENTS AND COMMITMENT TO CHESTERFIELD COUNTY WHEREAS, 17-year-eld Chesterfield County resident, Miss ~ara Carpenter; has e×cell~d in track including cross country, indoor and outdoer sompeti~ion; a~d WHEREAS, Mis~ Carpenter has served as an outstanding athlete previously representing Menaces High School and now the Governor's school exemplifying the caliber of performance pos~ible through dedication, hard work, and strong support; and WHEREAS, ~iss Carpenter has garnered numerous track swar~s including three Dominion District titles -- two in the 500- mstsr and one in ~he 80g-mater events; two Central Region titles -- ome in the 500 meter and one in the 800-meter; the silver medal for the SOO-meter competition ~h the National Amateur Athletic Union Junior Olympic Games in 1993; and~ just last month, the Colonial Dis~rict title in Cros~ Ccmnt~yl add W~EREAS, is addition ts her numerous athletic activities~ Miss Carpenter maintains excellent grades and volunteers with Special Olympics; and WHEREAS, Miss Carpenter serves as a role model for other young people threugh her athletic achievements; and W~EREAS, Miss Carpenter exemplifies th~ type of Ol~pic quality athlete thoh the Metropolitan'Richmond area is capable of producing through vibrant athletic support my~t~mm and facilities. NOW~ THEREFORE BE IT RESOLVED, that the Chemterfield County Beard of Supervlmorm hereby cungratulatms Miss Sara Carpenter for her athletic accomplishments and wishes her further success as she continues ~o pursue her quest for track and field excellence. And, further~ the Beard adopted %he following ~ECO~NIZING OUTSTANDING ACHIEW~ENT~ OF MR. WILLIE E. ~NIER FOR HIS ATHLETIC AND CO~ITMENT TO CHESTERFIELD CO~TY WHER~S, Chesterfield County resident~ ~r. Willie National Football League 75-Year All-Time Team7 and WHER~S, Mr. Lanier eMcell~d in hi~ athletic career, h~ving b~en drafte~ by %he Kansas City chiefs in the ~acond ~ound of the NFL draft in 1967, enjoyed an lI-~ea~on Car~r middle linebacker and played on ~he Kanmam City Sup~rbowl championship team; and including NFL Man of =he Year in 1972 and electlon to the co~uni~y service and has actively participated in many activities such as the United Way; YMCA; WCVE Public Television; chesterfield County Industrial Development Authority; Virginia State University Board of visitors; and Richmond Forum; and WHEREAS, ~r. Lanier has worked diligently to provide scholarships to young people including more than $6~000 to public school students through the Willie E. Lanier and Development F~nd; and WHEREAS, ~tr. Lanier continues to serve as a role model for youn~ people through his 8thtetic achievements and co,unity WHEREAS, that commitment to athletics, hi~ community, and the positive development of young p~ople is most recently manifested by his role as honorary chairman of the Ches%erfield Business Counsil~ task force seeking to attract the 1~97 or i999 Olympic Festival. County Board of Supervisors hereby congratulates Mr. Willi~ Lanier on his lifetime of athletic accomplishments and e~presses gratitude for his commitment to Chesterfield County. Vote: Unanimous APPROVAL OF STATE COMPENSATION BOARD POSITIOHS FOR On motion of Mr. Daniel, s~¢onded by Mr, Barber, the Board Board positions for ~he Circuit Court Clerk's 0f£ice and appropriated $87~600 in State revenue for sxpenss~ in the Circuit Court Clerk's budget. (It is notmd i~ no additional ~hi~ departmen~ will not support the £~I1 12-month cost for all feesibility cf holding =~s position(s) vacant in order to address the potential shortfall.) Vote: Unanimous A~PROPRIATION OF FUNDS AmD AUTHORIZATION ~0 AOOUIRE RIGHT O~ WAY FOR COALFIELD RO~D WIDENING On motion of ~r. Daniel, gecond~d by ~r- Barber, the Bo~rd appropriated $$~,000 from the Highway Improvement Account for asqui~ition of the Coalfield Road right-of-way and authorized st~f to acquire the right-of-way by condemnation, if necessary, for the widening of Coalfield sued. (It is noted t~ese funds are available for the appropriation through reimbursement from VDOT on installation of a traffic signal at the intersection of Route 300 and Harbour Point Parkway.) 8.C.S.a. ADKINS CONSTRUCTION, INCORPORATED, FOR WARBRD ATHLETIC COMPLEX ~ROJECT On motion of Mr. Daniel, seoonded by ~r. Barber, the Board authorized tho County Admin±strator to exeoute Chango Order approved Chan~ Order Number ~ for a credit of $~,000 for £unds are available in the project budget.) Vote: Unanimous 8.C.S.b. GERALD K. MOOD¥,.IN~QR~TED. FOR MILHORN SUBDI¥ISION WATER LINE RERAEILITATION PROJECT On ~mtion sf Mr. Daniel, seconded by Mr. Barber, t~e Board authorized the County Administrator to execute Change O~de~ Number 1 to Gerald K. ~ocdy, Inaorporat~d, T/A soutDern Con~tructloa~ in the appro~imat~ amount of $3~,000~ for the Milh~rn Subdivision N~ter Line Rehabilltati~n Project, $90- 041~6, and authorized ~he CouDty Administrator %o e~ecute the necessary docu~nt~. (~t is noted funds are available in the current Capital Improvement Program-) Vote: unanimous REFER TO ~L~I~NING COMMISSION PROPOSED LANDSCAPINS On ~ot~mn cf Mr. Daniel, ssconde~ by Mr. ~arber, thm Board referred to the Planning Commission, for their review and recommendation, DroDosmO tear,ceDing atendardm amendments ts Villaqe of Midlothian .Te~cal Man,al. an element of the $.C.7. SET DATES ~OR PUBLIC REARINGS OD ~otion of Mr. Dan~el~ s~conded by Mr. Barber, the Board set the date of December 14, 1994 at 7:~0 p.m. for a publio ~aring to considor the tax exemption request of Alternative Community Properties, Incorporated. Vote: Unanimous 8.0.7.a.2. PRESTONWOOD PROPERTIE~. INOORPOR~TZD On motion of ~r. Daniel, seconded by ~r. Barber, the Bsard se~ the date of December 14~ 1994 at 7:00 p.m. for a public hearing to ~onsid~r ths tax exemption request of Prest~nw~cd Properties, Incorporated. Vote: Unanimous B.C.?.~.3. RIDGE RUI~ TERRACE PROPERTIES, INCORPORATED On motion of Mr. Daniel, ~econded by Mr. Barber, the Board set Vute: Unanimuus s.c.?.b. TO CONSIDER CO~EYkNCE O~ LE~SES OF REAL ~RO~ERTY O~RATION CE FOOD OONCE~SIONs On motion of ~r. baniel, seconded by Mr. Barber, ~he Boar~ set the date cf December 14, 1994 at 7:00 D.m. fo~ a public hearing to consider conveyance of leases of real property at various Dark ~ite~ and athletic comple~es for operation of food conce~aionu by ac-sponsored a~hlatic asscc~aZiens and leagues approved the following bingo/raffle permit~ for calendar y~ar Chesterf~old Technical Center Vocational Industria~ Clubs of America Raffle Nib-Cities Civic Association, Incorporated Binqo/Raffle Vote; Unanimous REOUESTS FO~ PERMISSION MS. NEVA W. B~lq]~S TO CONSTRUCT A FENCE ~ITHIN AN approvud a request from Ms. Neva W. B~nks to construct a fence Boiss~au, subject to the execution of a license agreement. (It is meted a cupy of th~ plat is file~ with the 9a~er~ o~ this Board.) Vote: Unanimous a.e.i0.b. MR. ~0WARD ~D MS. GLORIA C~ARITY TO CONSTRUCT ~ DRIVeway WITHi~ AN EXiSTiNG F~F~Y FOOT RIGHT- OF -~rAY On motion of Mr. Daniel, seconded by Mr. Barber, the Beard approved a re~uest from Mr. ~eward and M~. Gloria Charity to construct a t~elve foot driveway within an e~ieting 50 foot right-of-way which abut~ ~ke western en~ of Shop Street~ ~ubject to the e~eoution of a license ~greement. (It is noted a copy of ~ha vlcini~y sketch is ~iled wi~h the papers oS this Board.) Unanimous 94-S45 8,C.~0.c, MR. CHRISTOP~HE W, ~UFF ?0 ¢O~SZHUC? ~ ~0~o~ OF A CAR~@E WITMIN ~N EXISTING EIGHT FOOT EASEMENT On motion of Mt. Daniel, seconded by Mr. Barber, the Board approved a request from Mr. christopher w. Buff, Attorney in Fact for Ms. Marion S. Whitehead~ to construct a portion of a garage within an existing eight foot easemeDt acron~ Lot 1, Block O, a corrected plot of Fore~tdule, Section B, subject to th= execution of a license agreement. (It is no~e~ a copy of the vicinity ~ketch is filed with the papers of thim Board.) Vote: Unanimous EDMUND O. A24D MS. SHIRLEY S. F~ARPUS TO CONSTRDCT A DRiVEWaY WITHIN ~N EXISTING FIFTY FOOT RIGHT OF WAY KNOW~ AS LORA LYI~N ROAD ~n motion of ~r. Daniel, seconded by Mr. ~arber, the Board approved a request from Mr, Edmund C- and ~s. Shirley S. Karpu~ to con,tract a ~ifteen foot driveway within ~n existing 50 foot right-of-way known as Lore Lynn Rued, $ubje¢~ %o the e~acutlon cf a license agreement. (It is noted a copy of the vicinity sketch is filed with the papers of tki~ Board.) Vo~e: Unanimsus POWER TO INST~LL AN OVERHEAD U~BLE WITHIN AN EX, STONe RIGHT-OF-WAY FOR HUBERT LANE On metlun cf Mr. Daniel, seconded by Mr. Barber, %he Board approved a request f~om Virginia Power to install an overhead cable wlth~n the existing right-cf-way for ~uhert Lane, subject to the execution of e licens~ agreement. {It i~ noted a copy of th~ Vicinity ~ketnh i~ file~ with the pa~era of ~his 8.C.1l. CONVEYANCE OF hN E~SEMENT TO VIH~INI~ ELECTRIC ~ND POWER COMP;uNY on motion of Mr- Daniel, seconded by Mr. Barber~ the Board authorized the Chairman of ~he Board and the C~unty Administrator to execute an easement agreement with Virginia =lsctric and ~ewer Company to install underground power along Robious Road and James River Road to provide servi~e to Riverten Subdivision from ~n existing power line. (It i~ noted a supy of the plat is filed with the papers of this Board.) 'VIEW. HECTION 4 On ~otien of ~L~_ 0aniel, seconded by ~. Barber, the Board approved s water and sewer centrsct for Forest View, Section 4, Contract Number 93-0183, as follows, which project includes the installation e~ offeite water improvements to obtain better fir~ flow protection and authorized the County Administrator to 94-$46 Estimated Developer Cost - $63,926.75 Code: (Off-Sit~) - 5B-572VO-E4D 8.C.1~. CONSIDERl%TION OF RESOLUTION OF T~R BO;kRD OF SUPERVISORS AUTHORIZIN~ PAYMENT UP LOST COUPON~ FOR On motion of Mr. Daniel, seconded by ~r. ~arber~ ~ha Boar~ approved a request from The D~positcry Trust Company to authorize the Bank of New York, as paying agent, to pay Lost Coupon ~41, payable February 1, 1994, Of Chesterfield County Virginia General Obligation Sewer Bunds, 5.25 ~areen~ dated August 1, 1973 and due August 1, 1995, owned by Cede & Company, the numlnee of The Deposi=ory Truss Company; and two hundred ooupcns at $13~.25 each, for a total of $~6,~50, based on the affidavit of loss en~ an unlimited liability bond indemnifying the County against double payment on such bond a~ defined in Section 15.1 227.23 o~ %he Code of Viruinla, 1950, as a~ended. Vote: Unanimous There were no Hearings of Citizens on Un~ohedule~ Me,tare o~ claims scheduled at this Zime~ ~0. REPORT~ On motion of Mr. Barber, zeoonded by Mr. Warren, the Board accepted the following report~ Mr. R&~sey p~es~nt~d the ~ourd with a repor~ on the d~v~loper water and sewer contracts execut~ by %he County Administra=or. Mr. Ramsay presented the Boar~ with e status repor~ on the General Fund Balance; Reaerv~ for Futur~ Capital Projects; District Read an~ Street ~igh~ Funds; Laasa Pu~chasa~; and School Board Agenda. Vote: Unanimous 14.A. RE~OGNIZIN~ SERWICE PROVIDED BY. BENSLEY-B~RMUD~. Chief Eanes introduced ~r. Linwood Matthews, 9resid*n% of Forest View volunteer Reacue Squad; ~r. O. E. (Bus%er) Greene, President of Manchester Volunteer Rescue Squad; ~r. Jesse Croom, Jr., President of Et~rick-Ma=oaoa volunteer Rescue Sq~&d; M~. Wayne BartiniRau, President of Bensley-Be~muda to receive the resolutiens. On motion of the Board, the following resolution was adopted: W~EREAS, Bensley=Bermuda; Ettrick-Matoaca; Forest View; and Manchester Veluntee~ Rescue Squads provide emergency pre- hospital care to the citizens of Chesterfield County; and WHEREAS, last y~er over 400 volunteer rescue squad members in Ch~ste/fie~d County answered ever 10,000 call~ for ~m~rgency ~edieal services; and WH~REAS~ individuals give of their time to provide countless hours of service and participate in specialized training and continuing education to enhance their lifesaving skills; and WHEREAS, access to guali~y emurgsnuy medical oare dramatically improves the survival and recovery rata of those who experience sudden illnese or injury; 8nd WHEREAS~ t~ese services ~re provided without monetary eompensatics, representing a considerable saving~ to ~ach patient and taxpayer; and WHEREAS, Chesterfield County is committed to assisting the Squad~ and making them an integral part of th~ Emergency Medical Services Team and requests each citizen to recognize the contribution made by the volunteer~. NOW, THEREFORE ~= IT RESOLVED, that the Chesterfield County Board of Supervi~er~ ~ereby congratulates the Bentley- Bermuda; Ettrick-Matoaca; Forest view; and ~anchester Volunteer Rescue Squads of Chesterfield CoUnty for their participation ~t the 1994 Virginia Association for Volunteer Rescue Squads Convention held Sept®mbar 29 - October 2, 1994. Mr. Mc~ale presented the executed re~lutions t~ Mr_ Matthews; Mr. Greene; ~r. Croom; and Mr. ~artinikas and expressed appreciation f~r %heir service provided at the 1994 Virginia Association of volunteer Rescu~ Squads Convention and for their dedication and eo~itment in saving lives. 14.B, RECOGMI~IN~ MISS EMILY M. LRHR, TROOP ~97, ~PON ATTAi~IN¢ THE CIR~ ~COUT ~OLD ~W~RD O~ motion of the Board, the following resolution wa~ adopted: is an orqanizatien serving over 2-6 ~illion girl~ and was founded ts promote citizenship training and personal development; and WHEREA~, after earning four interest p~oject patckes~ the Career ~ploration Pin, t~e senior Gi~l Scout Leadership Award, the Senior Girl Scout Challenge, and designing and implementing a Girl Ssout Gold Award project; and the areas of leadership, community service, career plannlng~ 6 p~cent of thoe~ individual~ entering th~ Girl Scoutin~ ~i~gah United Methodist Church, has accomplished these high WHeReAS, growing through her e×psrisnces in Girl Scouting, learning the lessons of responsible citizenship, and priding herself un %he great accQmplishmsnts of hsr County, Emily is ind~ed a member of a new generation of prepared young citizens of whom we san all be v~y proud. NOW, THEREFORE 5E IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Mi~s Emily M. Lehr and acknowledges the good fortune of the County to have such an outstanding young woman as one of its citizens. Vote: Unanimous FL~. McHale p~esented the executed resolution to M±~s Lehr, a¢oom~anled by members of her family, oongratulated her on her outstanding achievumunt, and wished her well in her future ~COUTS On motion of the Beard~ the following resolution was odopted: William D. Boyoe on February ~, 1910; and WHEREAS, the Boy Scouts of America was founded to promote citizenship training, psrssnal development, and fitness o~ individuals; and a wide variety of fields, serving in a leadership position in a =rccp, carrying out a service project beneficial to his community, being uctive in th~ troop, d~o~trating Scout spirit, and livinq up to the Scout Oath and Law; end WHEREAS, ~r, Samuel Joshua Bennett, Troop 877, sponsor®d by Chester Presbyterian Church, has accomplished thos~ high Eagle Scout which is received by les~ than two percent of those individuals entering the Scouting movement; and W~4EREAS, qrowing through his experiences in scouting, learning the lessons of responsible citizenship, and priding h~n~slf On the great aocomplishmen~s of his County, Samuel is indeed a member of a n~w generatio~ of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends i~s congratulations to ~r. Samuel Joshua Bennett and acknowl~dg~ the good fortune of the County to have such an outstanding young man as one of its citizens. ~. MoHale presented the executed resolution to ~r, accompanied by members of his ~amily, congratulated him on outstanding achievement, ~nd wished him well in hit future 8.C.2. MR. BENJAMIN W. DEHAVEN IP is noted Mr. DeHavsn was unaMl~ to be preson% at the mes=ing and will be rescheduled for a futur~ meeting- 11/9/94 15. DEFERRED PUELIC HE~RIRGS O TO CONSIDER A~ ORDINANCE TO VACAT~ A POETION OF A BUFFER WITHIN BRIGHTON ~REEN SUBDIVISION, SECTION 14 ~r. Stith stated a public hearing to consider an ordinance to vacate a portion of s buffer within Briqhtcn Green Subdivis±on, $~ction 14, wa~ deferred £=om the October 12, 1994 board meeting. Ha further stated staff Yeosmmands adoption of the ordinance. ~r. George Beadles stated hs feels a policy should be established to en~ure that adjacent property owners and Civic associations are notified prior to properties being vacated. Mr. Bill Jshns, representing ~he applicant, stated meetings were held with the community in which he felt were informative; that he feels the csnc~rns of citizens a~tsnding the meeting were addressed7 that he feels the process was successful; and requested the Board to adopt the proposed ordinance. There being no one else to address this ordinance, the public hearing was closed. Mr. Barber expressed appreciation to Mr. Johns and County staff for their time and effort on t~is issue and stated the neighborhood is in agreement with the Yac~tien- Mr. Barber then mad~ a Gordon, seconded by Mr. Warren, for the Board ts adopt the fellswing ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") VaCates to F. WILSON BROWN, Trustee of BRiGhTON GREEN LAND TRUST ("GP~NTEE")~ u portion Of variable width buffer in Brighton Green Subdivision, Sectlen 14, ~idlothian Magisterial District, Chuuterfi~ld COunty, Virginia~ as shown on a plat duly recorded in the Cler~s office of the circuit Court of Chesterfield C~unty in Plat Book 23, at EaSe 49. WHEREAS, William A. Johns, on behalf of Bernard Savage, petitioned the Board of Supervisors of Chesterfield County, virginia %o vacate a portion of a variable width buffer in Brighten G~een Subdivision, Section 14, Midlothiae Magisterial District, Chesterfield County, Virginia, more particularly shown on a plat of record in the Clerk's office of the Circuit Court cf said County in Plat Hosk ~, at ~age 49, by J. K. TIM~ONS & ASSOCIATES, INC,, dated October 29, 1974. The portion of buffer petitioned to be vae~e~ is more fully A portion of a variable width buffer in Brighton Green Subdivision, Section 14, the location of which is more fully ehswn on a plat by J- K- Ti~ons and Assocla%em, P.C.I dated August 2~ 1994, e copy of which is ordinance. WHEREAS, notice has been given pursuant to section 15.1- 431 of the Code of virginia, 199o, ae amen4ed, by advertising; and WHEREAS, no public necessity exists for the continuance of the portion of the buffer sought to be vacated- NOW, THEREFORE BE IT ORDAINED BY THE BOA-RD OF SUPERVI$OR~ OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to section 15.1 4~2[b) of the Code of Virginia, 1950, as amended~ th~ aforesaid portion of buffer be and is herety vacated. This ordinance shall be in full forc~ and effect in accordance with See~i~n 15.1-482(b) of the Code of Virginia, ~950, az amended, and a certified copy of this ordinance~ ~egethe~ ~itk the plat attached hereto ~ha]l b~ r~corde~ no ~oone~ than thirty days hereafter in the Clerk's office of the Circuit Court of Chesterfield County, Virginia pursuant to section 15.1-485 of the Code of Virginia, 1~50~ as amended. The effect of this Ordinanae pursuant to Section 15.1-483 portion of the plat vacated. A~cordingly, this ordinance shall be inde×ed in the names of the County of Chesterfield as grantor an~ F. WILSON ~RQW~, Trustee of BRIGHTON GREEN LARD TRUST, or their successors in ~itle, as grantee. SCEOOL ~iTE Nr. Btith stated this date and time has teen advertised for a public hearing to consider an exchange of land for the Highlands School 5its. NO ene same f~rward to speak in favor of or against this issue. On motion of Dr. Nicholas, seconded by Mr. Barber, the Board apprQved the exchange of parcels between oliver D. Rudy, Tru~t6e~ and the County cf Chesterfield, of the County exchanging = ~.16 (Parcel A) acre parcel for two parcels whioh collectively con~ain 2.21 acres (Ps,calm B and C), which t~at serves t~e Highlands at the Highland~ School site and authorized the chairman of the ~oard and th~ County Administrator to sign the necessary deeds. (It is noted a copy of the pla= is filed wit~ the papers Of this Board.) Votm: Unanimous ~r. stit~ stated this date and time has been advertised for a public h~aring to con~xder an ordinance to vacate a portion of ~artineau Drive ~ithin New Roshelte Subdivision. NO one came forward to speak in favor of or against this ordinance. On motion of Nr. McHale, seconded by Mr. Barber, ~ns Board adopted the following ordinance: AN CP~DINANCE whereby the COUNTY OF C~STERFIELB, VIRGIKIA~ ("GRANTOR") vacates ts OLIVER D. RUDY~ TRUSTEE, ("GRAMTEE"), a portion of ~flrtineau Drive within New Rochelle, Berm~d~ ~a~istsri~l District, Chesterfield County, Virginia, a~ ~hown on a plat duly recorded in the Clerk's Office of the Circuit Court of Chesterfield County i~ Plat ~ook 65, a~ Pages 79-81. WKEREAS, Oliver D. Rudy, Trustee, petitioned the Board of supervisors of dhesterfiel~ County, Virginia to vacate a portion of Martineau Drive within New Rochelle Subdivision, BERMUDA Magisterial District, Chesterfield County, Virginia mare particularly shown on a peat of record in the ClerR~s office of the Circuit Court of said County in Plat Book 65, at Pages 79-81, by CHARLES C. TOWNES & ASSOCIATES~ P.C., dated FEBRUARY 27~ 1929. The portion of righ~ cf way petitioned to be vacated ia more fully d~scribed az follows: A portion of ~artinesu Drive, the location of which is more fully shown on a plat by Charles C. ~ownes & Associates, P.O., dated A~st I2, 19~4 and revised September 23, 1994. A copy is attached hereto and is a portion o~ ~his ordinance- W~EREA$, notice has ~een given pursuant to Section 15.1- 431 of the Code of virginia, I950~ a~ amended~ by adv~rti~in~ That pur~uan~ to Section 55.1-482(b) ~f the code of Virginia, 2~50, aa ammnd~d~ the aforesaid portion of right sf This Ordinance shall be in full force and effect in to~a~hsz with ~he pl~ ~ttach~d har~to ghall be recorded no Circuit Court of CAesterfield County, virginia pursuant to is to destroy the f~rce and effeut cf the recording of the simple title cf the per:ion of right-of-way hereby vacated in Subdivision free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names 16.C. TO CONSIDER AN O~DIN~NCE TO AMEND THE CODE OF THE Mr. stith mtated this d~te and time has been mdvertised for a public hearing to consider an ordinance relating to notification for Dublic hearings. ~e ~urther stated the requires the County to ~ve adjoinin~ counties and aunicipalities fifteen days notice in advance of any hearin~ involving a proposed comprehensive plan or amendment, Dropomed recommends adoption of the ordinance. When asked, he stated the ordinance involves any parcel el 2and located within one- half mil~ of the boundary of any adjacent city or c~unty. Nr. George Beadles stated he concurs that the County should notify adjacent lccali~ie~ of zoning caees abutting their boundaries. There wam brief discussion r~lativ~ to the process to b~ used in notifying adjacent localities of zoning cases and Mr, Peele ~tat~d public notmc~s will be ~ent to adjauent localities thereby notifying these l~cnlities s~ all requests in Chesterfield. There being no one else to address this ordinance, the public hearing was closed. On ~oticn of Mr. Barber~ uecondad by Dr. Nicholam, the Bo~rd adopted the following ordinance: AN ORDINANCE TO AMEND TH~ CODE OF THE COUNTY OF CHESTERFIELD, 1978, AS AM~ND~D~ BY A~NDING AND R~E~ACTING SECTION 21.1-1~ R~LATING TO NOTIFICATION AND PO~TING O~ 9ROP~RT¥-H~ARINGS (1) That Section 21,1-18 of the Cede Of the County of (a) Any request for rezoning, conditionnl zsning, conditional us~, conditional use planned development, manufactured or mobile home permit, ~Decial exception, board of zoning appeals sh~ll be advertised by msferenee, giving the place er places within the soun%y where copies cf ordinance or amendment shall not be ae~ed upon until notice of (2) successive weeks in a newspaper published or having general (d) When a proposed comprehensive plan or amendment parcel of land located within one-half mile of a boundary of an adjoinXng county or municipality of the Commonwealth, then, in required, writ=on notice shall also be given by the local commission, or its representative, at least fifteen days before the hearing to the chief administrative officer, or his designee, of such adjoining county or municipality. as on=lined in tkis section, shall no~ be ~equired wkon: the heuring invslves an application for an amendment to the zoning ~ap initiated by resolution of the planning uun~ission or board hearing involves an appeal, =oncernlng no specific property. 94 ~53 11/9/94 That this ordinance immediately ~pen adoption. Vote: Unanimous shall become effective 16.D. TO CONSIDER REVIEWING COMCAST CABLBVI~ION'S PROPOSED B~SIC SERVICE R.1 P~RCBNT FROM $7.10 TO Mr. Micas stated this date and time ham been advertised for a public hearing to con~idar reviewing Comcast Cablevlslcn's proposed inflationary adjustment by increasing the rate for basic service 5.1 percent from $7.10 to $7.25. He further stated federal law currently permits local cable operators to increase their rates annually based on an inflation factor and ~hat ~he Soard h~s been c~rtified as holding public h~arlngs on these rate increases. He sated staff has reviewed the appropriateness of the 2.1 percent increase wi%k th~ F~daral Communications Cemmission (FCC) and based on the applicable index, 2.1 percent is the appropriate increase+ He ncte~ th~ adjustment would increase the rate for basic service from $7.10 Mr. Charles Bowman stated he feels ccmuast's request is not unreasonable as they are ru~i~ a b~$iness; that in the future citizens will be able to res~i~e the same type of service from other service providers~ and that ComCaSt ~eede to be priced competitively. Mr. George ~eadles stat0d he is a new customer of Comcast basic service; that his basic service is more than $7.10; and that feels the Bs~rd should request Comcast net to increase rates until the y~ar 2000- ~r. Buck Dopp, Manager of Comcast, stated the adjustment is an inflationary adjustment, that subeoribere w{ll be notified of tho increase by November 1~ 1994, and that the increase will become effective November 13, 1994. H~ further stated this y~ar, Comcast was required to pay a tax of 37 cents subscriber per year to the federal government; that t~e FCC stated the tax could count as an external cent as could excessive franchise fees and be pes~ed through to the customers; that beginning December 1, 1994, basic cable ~ill increase an add~ti0nal three cents per month due ts the FCC's regulatory fees; and that by Marsh, I99~, basic cable will increase an additional e~e camP. Thure being nu one else to address this issue, the ~earing was"closed. when asked, Mr. Kicas stated th~ Foard may not prevent the inflationary rate adjustment to basic service and canner regulate other ~iers of services- ~r. Ramsay stated action by the Board is limited to the proper calculation of the inflationary percentage. Mr. Barber stated the Board has no option but to approve the inflationary adjustment which is mn action mandated by federal government. Mr. Barber then made a ~otiun, seCOnded by M~. Warren, for the Board ~o de~ermine ~ha% ~he correct inflationary index has been applied and the correct calculations have he~n made in Comcast Cablevisien's inflationary adjustment by increasing the for basic service 2.1 percent from $7.10 to $7.25. Vote: Unanimous 94 ~D4 1119/94 COUNTY AND THE CHESTERFIELD COUI~TY FAIR Mr. Micas mtatad this date and time has been advertised for a the County and the chezterfiel~ County Fair Association, a long-term lease of the fairgrounds Dro~erty and the current Asscsiatiun has regusste~ the County tu extend their te~ until the year 2009 a~ they are in tke p~ocess of trying to finance additienal structures s~ the Fairgrounds, including a model railroad exhibition building. CAELE TELEVISION FRkNCHISE ~ITD ADOPTION OF ;MiENDKENTS TO DHAPTER 7 OF THE ~OUNTY CODE RELATING TO PROVIDING C~BLE C~blevi~ion of Chesterfield County, Incorporated for renewal of its cable television franchise and ~dopticn of amendments te Chapter 7 of the County Code relatin~ to Drovidinq sable ~6, 1994 Board meeting ts allow comcast and County staff to finaliEe th~ terms of the franohise documents, in ~ar=ioular, clarifying ho~ access chargzs for institutional network (INET) services will be calculated. He Eurt~er stated Cemoast and County staff are in ~greement involving the terms of the agreement and recommends ~he Board, by ~eparate mo~ion, ado~ th~ ordinance and the franchise agreement. Me stated the agreement requires a 1B~year term and the ~rsvision of the ~xpanded institutional, network. 'He noted t~at although rates for subscriber services are regulate~ by federal law, the lea~t lO patten% below any other 9rov~der Drovidin~ th~ same service to the County as well as the potential that it will b~ less than what access sharges might be te ether consumers of the service. Mr. Barber stated he feels great strides have been made on the negotiations an~ that the agreement is fair. Mr. Barber then made a motion, seconded Dy Mr. Warren, for t~e soar~ to adopt the following ordinance: AN ORDIN~zNCB TO ~/~ENO TEE CODE OF TEE COUNTY OF CHESTERFIELD, 197S, AS AMENDED, BY AMENDING AND ~EBBACTING CHAPTER ? RELATING TO CO.UNITY ANTENNA ?EL~VISION ~YET~MS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: ..................... L ....... !. J . l I l ~, , (I1 That Chapter 7 of ths Code of the County o£ Chsmterfield, 1978, aa amended, is amended and reenacted %Q read as follows: 7-1. 7-2. 7-3. 7-4. 7-5. 7-~. 7-~. ?-~. 7-10, ~ 7 12. 7-13. 7-14~ 7-20, 7-21. 7-22. 7-23, 7-24. 7-27. 7-29. Articls I. Definitions and Application Definition-- Grant o~ Authority. Acceptance of Terms - Limits on a Grantee~ Recourse. Applications for Franchise. Article II+ Franchise Conditions Franchise Ter~ Franchise Fee. Renewal of Franckise. E~tter of Credit. Liquidate~ Damages. Construction schedule and Reports. Annual Reports- Article III. Frsn~hise Transfer or Ravo~atlon Franohise Transfer. Franchise Revocatk~n- Receivership. Transfer of 0wnerskip to Coon%y- Right ~f County to Assign PUrohase Rights. Article IV. SYstems OPeration Initial Franchime Area. Interoonneotion- symtem Description. Operational Requirements. Customer Service Performance Reports. T~sts and Performance Monitoring Performance Evaluation Sessions. Conditions of St~sst Occupancy. Article V. General Provisions § ~-30. ~rot~cti~n of Privacy. ~ 7-31. Unlaw~u~ Usa ~ System. ~ ~-32. Compliance with State and Federal Law. § 7-32. Unlaw2ul Acts; Penalties. ~ 7 ~4. ~pecial License. ~ 7-36. Rights Reserved to th~ County. ~ 7-27. Designation of county Administrator as ~nfcrcing official. Article I. Deflniti~ns and Application Sec. ~-1. ~efinitions. For the purposes of this chapter~ the following words and phrases shall ~ave the meanings respectively aseribe~ to t~em by this ~ection: Basic ~tandard ~ervic~. The level of servic~ provided to programming except premium ~ovie chaDnel~ add pay-per-view programming. cable service. The one-way transmission to subscribers of (i) video programming, or (ii) other pr0gram~ing service, and subscriber interaction, if any, which is required for the selection of such video programming or other programming Community antenna system, cable television symte~ or cable system. Terms used intershangeably which mean any facility consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within the county, eMcepf that such definition shall not include: (1) any system which serves only ~ubsc~iber~ in one or more multiple unit dwellings under common ownership, control or management, unlpss such facility or facilities uses any public riqht-of-way~ or (2] a facility that serves only to retransmit the television signals of one er more ~elevision broadcast stations, (3) a facility of s common carrier which is ~ubjeet, in whole or in part, ~c the provision~ of Title II of the Communications Act of 1934~ 47 U.S.C. Section ~01 et the extent such facility is used in the transmission of video proqrammin~ directly to subscribers, or (4) any facilities of utility systems. Converter. An interface device which may be furnished to subscribers in order that non-standard television channels carried on a Gable system may be received on a conventional home television receiver or to prevent interference from strong broadcast signals. Fair marke~ value. The price that a willing buye~ would pay to a willing seller in an arms-length transaction for a gming concern bamed on the system valuation and sale ~ultiple$ prevailing in the industry at the time, but with no value allocated t~ the franchise itself. Frsnshise. The ~on-eMcl~si~e rights granted hereunder to p~blis ways in the oouhty, or within specified areas in the eo~nty, and ~s no~ in,ended to include any license or permit required for the privilege of transacting and carrying on a business wi%bin =he county as may bs r~quired by other e~din~Does of the ~ounty. directly with a grantee by th~ county which grants a Gable syst~ operator the right to provide cable servie~ in county. Franchise documents. The franchise documents shall consist of thi~ ordinance and the franchise agreement. any kind or nature~ or o~her consideration received directly or indirectly by a grantee, arising from or attributable Ce or in any way derived from the speration of the grantee'S Cable system within the county, as euthori=ed by the franchise agreement between the county and the grantee including, but not limited to, all cable service fees, pay television and pay-per- view fees, leased channel fee~ converter rentals or sales, s=udic rentals and advertising revenues, without any deduction ~hatsoeYur, except that gross rmvenu~s shall not includ~ that a grantee collects on behalf of any taxing authority. IL L ~L __ L ~1 L ~ . Net Droflt. The amount remaining after deducting from gross revenues all cf the actual, direct and i~direct~ expenses associated with operating the cable television system including the franchise fse, interest, depreciatisn and federal er state Public wav~ The surface, the air space above the surface, and the area below the surfacs of any public stree=, highway, lan~, path, alley, sidewalk, bouleverd, drive or other public right-of-way including public utility easements or rights-of- way, and any temporary or permanent fixtures or impr~vement~ located thereon now er hereafter held by the county which shall entitle the county and the grantee to the use thereof for the purpose Of installing and maintaining the grantee's cable television system. Sec. 7-2. Gran~ of Authority. After a public hearing and upon such conditions as ~hall be established by the board, the board is s~thorized to ~rant one or more non-exclusive franchises conveying the right to construct and operate a cable television system within the public ways of the county. Franchises will be granted to the applicants which in the board's judgment will be~t serve the public interest, and ~ho have demonstrated Lhe ~inancial, technical, ~nd legal qualifications to fulfill the conditions ~et f0rt~ in tlis chapter and in the franchise agreement. Eowever, nc provision of this chapter shall be dee~ed or accept the validity of th~ t~rmn and condltlon~ of this chapter proceeding challenging any term or provision of this chapter in r~ncwed sr the franchise ae unreasonably, arbitrary or void or or condi%icn. (~) A grantee, by auc~pting a franchise, shall acknowledge that it has not Deem induced to accep~ the franchise ~y any promise, oral or written, by or on behalf of oon~itlon ~'f ~his chapter or the franchise no~ expressed agreement. a franchise that it has carefully read tbs term~ and conditions of this chapter in existence at the time the grante~'~ agreement accepts without reservation the obligations imposed (d) A grantee shall not apply for any waivers, exceptions or declaratory rulings of Or with reSpeCt tO the obligations i~possd by ths terms and conditions of this chapter and the franchise from the Federal Co~muDin~isns Co~ismion or any 11/9/94 other federal or state regulatory agency without informing the county administrator and providing copies of all documentation. Sec. 7-4. Applications for Franchise. (a) All applications for a franchise or renewal of an existing franchlem shall be oubmitted to the board~ or its designee, on a written application form ~upptied by the board or in such other form as the board nay request. The application shall provide fautf and information the board deems appropriate. Applications shall be accompanied by a non- refundable application fee of iS00 to offset direct incurred in the franchising and evaluation procedures. (b) Any applicant ~ho i~ granted a non-~×clu~ive franchise or renewal of an existing franchise shall, in addition to the non-refundable fee ~pecifiad h~rein-ab~v~, pay to the county upon acceptance of the franchise, SlX,COQ. Such non-refundable payment shell be used to offset any d~rect incurred by th~ county and not defrayed by =he application provided for herein. (c) A franchise application or proposal for r~n~wal mhall include a description of the cable syste~ design end description cf facilities proposed for local origins=ion progra~ing, and fanilities offered or to be offered ho various Articl~ II. Franchise Conditions. ~9c. ~5. Franchise term. written agreement with the county. The board may renew the grantee's franchise for a period of ti~e not inconsistent with [a) The grantee s~all pay to th~ ~ounty, in consideration (b) The grantee shall file with the county, within for~y- fiscal guertero, a financial ~%atement olearly sbow~n~ the preceding quarter. Payment of t~e quamterly portion of the franshi$~ fee shall be payable to the county at th~ time such statement is filed. (c) The county shall have the right at its sole cost to determined to be payable under ~his cAapte~ provided, however, additional amount due the county aea result os ~he audit shall he paid within thirty days following written notice to the grantee by th= county which notice shall include n copy of the audit ~hall ~e borne by tho grantee if i~ is properly th6 D~eceding year is increased ~hereby by more than five percent (~%). Id) In the event that any franchise payment or recomputed a~cunt is not, made on er before the applicable dates heretofore specified, there shall bs a~$s$~ed a p~nalty of five percent (5%) of the amount due and interest shall be charged from such due da=e at ths annual rats of eight percent (e) In the event the franchise is terminated prior to its expiration dat~, the grantee shall file with the county, within forty-five (45) days of the date a financial statemen: clearly showing the gross subscriber revenues receiYedbygrantee since the end of the previous fiscal qusr~er. The grantee snell pay the franchise fee due at the time such statement i~ filed. See. 7-7. Renewal cf franchise. (a) A franchise may ~e renewed by ~he county or upon application of a grantee pursuant to proeedare~ ~et forth in applicable federal law. (b) In the event :hat a renewal of the franchise is d~nied, and the county acquires ownership of the Cable ~r effects a transfer of ownsrski~ of the cable system, afte~ a full public hearing consistent with the provisions of Section 7-2~ any such acquisition or transfer shell be at fair market value. Sec. 7-S~ Insurance - Indemnity. (a) At all tim~s during the t~rm of the franchise, including the ti~e for re.oval of facilities or ~anagement aa a trustee pursuant to Sec. 7-18, the grantee shall obtain, pay alt prem±um~ for, and file with county written evidence of payment of premiums and exeauted copi~ of the follewinq: (1) A general comprehensive public liability policy · indemnifying, defending and ~avin~ harmless the county, its officers, boards, agents or employees from any and all claims by any person whatsoever on account cf injury to or d~ath Of a p~r~o~ or per~en occasioned by the operations o~ the grantee under the Been se caused or occurred with a minimum liability of One ~illion Dollar~ per personal injury or death of any cna parson and Two Million Dcilar~ ($2~000,000] for personal injury ar death ef any two Or (~) Property damag~ insurance indemn~fying~ defending, and saving harmless the ccumty, its employees from and agains= all claims by any been so caused or occurred with a minimum ($500,000) f~r property damage ~o %he property ($1,000,000) for Droper~y damage to the (3) copyright infringemen= insurance, indemnifying, employees from and against all claims of any person whatsoever for eepyrigAt infringement 94-860 11/9/94 under the franahise herein granted or alleged to have been so ~8usad or occurred (but excludlngall claims based upon or arising out of programming exhibited on any public, educational and governmental access chsnnel~ and/or any other channel provided to the county by the grantee for programming by the county and the general public) with a minimum liability of One Million Dollars ($1,00O,000 fo~ the infringement of said copyrights. (b) Ail insurance policies called for h~rein shall a for~ satisfactory to the county attorney and shall require thirty days written notice of any cancellation to both the county and the qrentee_ The grantee shall, in the event Of amy such cancellation notice, pay all premiums for, and file with the county, written evidence of payment of premiums, duplicate copies of any insurance s~ canceled within thirty days following receipt by the county or the ~rantee of any notice of cancellation. indemnify and hold harmless the county, its ~fficials, board~, commissions, agents and employees against any and nll clnim~, ~uits, causes of action, proc~dimg~ and jud~ents f~r damage arising out Qf the grantee's operation of the cable television system under the franchise_ These damages shall include but not he limited to penaltiee arisin~ out of copyriq~t tnf~in~e~ent~ and damag~ arising out of any failuru by licensees of p~ograms to be delivered by th~ gran~ee over the gram=eels cable television system [bu~ ex¢ludin~ all clazms based upon or arising out of programming exhibited on any public, educational and governmental access channels and/or any other channel provided tu the county by the grantme for programming by the csunty and the general public) whether mr not any act or o~iesion complained of is authQrized, allowed, or prnhihit~d by the franchiee. Indemnified expenses shall include, but not be limited to, all out-cf-pocket expenses, such as attorney fees, and shall also i~01ude the value of any necessary services rendered by the county attorney or his assistants or any employees of the county. This pro¥i~ion shall not apply ~O claims fcr damages arising out of any actions taken by or omissions of the county, itm officials, boards, commiaeions, agents and/or employees. (d) ~o recovery by %h~ county of any sum re,sired in cha~ter shall be any limitation upon the liability of the grantee to the county under the terms cf thi~ chapter that any ~ums so received by t~e CoUnty shall be d~ducted from any recovery which the county shall establish against the (a) W~thin th%try (30) days after =he award er renewal of irrevocable letter ef credit in a form satisfactory to the ($~5,000) issued by a federally insured commercial lending institution aooep=aDle to toe City. The letter of credit shall terms and conditions of thi~ ordinanc~ and its franchise; and (2) To in~ure the grantee's pa~ent of any liabilities arising out of the construction, operation or maintenance cf the cabl~ system, including the payment of liquidated damages pursuant to £~cticn 7-10. 96-S61 11/9/9~ (b) The letter of credit shall contain the following endorsement: ~ '~A~ least sixty I60) d~y~' prior written notice ~hall be given to the county by the financial institution of any intention to ~anoml~ r~place, fail ~o renew, or materially alter this letter of credit. Such notice shall be given by certified or raglstered mail %o %he county attorney." (c) The letter of credit may bs drawn upon by the county by presentation of a draft at sight on the lending institution, accompanied by a written certificate signed Dy the county administrator certifying that the grantee has failed to comply permit or direction of the ssunty relating to this ordinance or the Franchise stating the specific reasons therefor, and ~teting the basis for the amoun~ being Id) The grant,s shall agre~ to s~ructure the letter of c~dit in ~uc~ a manner se that if the county dTaw~ upon the letter of credit, the grantee will replenish the letter of credit to a minimum new balance of seventy-five thousand dollars ($75,000). T~e intent of this subsection is to ensure that the amount of credit available to the county shall at no time fall below sevmnty-five t~ousand dollars ($75,~QQ), after (e) T~e letter of credit shall become the property of the county in the ~vent that the franohlse is canceled by reason cf the default of the grantee- The letter of credit shell be retained by the county and returned to the grantee ab the · e~piration of the franchise provided there is then no outstanding default on the part of th~ grantee. (f) The rights reserved to the county with respect te the letter of credit ~re in addition to all other rights of the county, whether reserved by this ordinance, a Franchise or otherwise authorized by law, and no marion, proc~ding or right with rempect to the letter of credit shall affect any other right the county has or may have, Sec. 7-10. Liquidated damagg~. (a) Notwithstanding any ether remedy ~ro¥i~ed for in this chapter, the franchise or otherwise available u~der law~ the county shall have the power to recover monetary amounts from a grantee under' certain condition~, such monetary amounts being in the nature u~ liquidated damages, provided the county first compliem with the notice requirements of subsection (d) (b] By acceptance of a franchise, a ~ra~tee understands and agrees ~hat failure ~o comply with any time and performance requirements as stipulated in this chapter and the will result in damage te th~ county, and that it is and will be impracticable to determine the actual amount of such d~ma~e in the event of delay or nonperf0rmanoe. AS a result, the grantee further agrees that liquidated damages shall be incurred by the grantee for the f~llowing concerns: (1) Failure t~ complete system construction or reconstruction within six (6) months cf the scheduled co~pletlon date, unless the board specifically approves the dela~ by (~) Failure to provide~ upon writt=n request, data, dueuments~ rmpurts er information as required (3) Fail,re to pr~vidm in a continuing manner the types of services proposed is an accepted application or renewal proposal unless the board specifically approves, by resolution, delay o~ change or the grantee has obtained modification of its obligation, all changes in programming uxcluded7 (4) Failure of grantee to comply with operational, maintenance or technical standards as ~equired by Sections 7-~, 7-23, 7-24, and 7-29; and (5) For breach of any service standards as required by Pettish 7-25. (c) The grantee shall pay two hundred dollar~ ($200.00) per day or part thereof for each day one or mo~e of the delinquencies set forth in subsection (b) continues, and shall be oharqeable to the letter of e~edit required under Section 7- 9. (d) If the county administrator, following forty-fiv~ (42) days~ written notice to a grantee to cure any problem that might r=sult in liquidated damages, concludes that a qrsntee has net osrrscted the violation er has failed %o diligently commence and pursue corrective action, he shall i~sue ts the to assess liquidated damagss. The notice of intention to ass~s ~hall set £ert~ the ~asi~ of the assessment and shall inform the grantee that liquidated damages will be assessed from ~he ~ste ~ha~ is-five (5) business days after the dmte of the notice of intention to assess unless the ass~ment is eppealed for hearing before the bssrd or the violation has been corrected. A grantee d~iring a h~a~ing before ~he ~sard ~hsll send a ~ritten notice of appeal by ~e~i~tered or certi£i~d ma~l to tbs county administrator within five b~siness day~ of the date of the'notice of intention to assess !iquida%ed damages. The hearing on the grantee's appeal be held within thirty {30) days of the date of the notice of intention to assess liquidated damages. Tnless the board indicates to t~e contrary, the liquidated damages shall be assessed beginning on the date of the notice of intention to assess and continuing thereafter until such time as the violation ceases, as de=ermined by the county administrator in his sole discretion. Sec. 7-11. Books and Ail hooks and records of the grantee concerning its oDers=ions within t~e ~sunty, which are relevant to the county's regulator~ authority shall be mad~ available for inspection and audit by %he county within t~rty days after ~uch request ham b~en made. The grantee shall file with the director of utilities accurate maps or plats of ell exlstinq and proposed installations within the county. ~uch map~ add plats shall csnfor~ to the rsqu~rements of the director.of utilities and shall be kept continuously up to date_ Sec. 7L12. Construction schsdul~ and (a) Upon accepting a franchise, the grantee shall, within ninety (90) days, ~ile the documents required to obtain all necessary federal, state and local licensee, p~rmlts and authorizations required for t~e conduct of its business, and upon requa~ ~hall submit reports to the County administrator on p~og~es5 in this r~pect until all such document~ are in hand. (b) The grantee shall ~ubmlt a construction plan or reconstruction plan for its system which shall be incorporated by reference a~d made a p~r~ of the franchise agreement. The plan shall include cable system design details~ equipment speoifications, and design performance criteria. Thc plan ~hall also include a map cf the entire £ranchise area and shall 11/9/94 clearly dellneats areas within the franchise area where the Gable system~ill be available to ~ub~rib~r~ including a time schedule of construction for each year that conatructisn or (G) Every throe ($) months after the start cf construction or recQnstrnction, the grantee shall furnish the reconstruction until complete. The report shall include a map that clearly de~ines the areas wherein cable ~ervice is (d) Copies of any agreements, report~r petitlonst within the county shall be made availaSl~ to the county Sec. 7-15- Annual Reports- (a) The grantee shall filg annually with the county the grantee's fiscal year th@ following informabien~ (1} A confidential report ~umma~izing the previous year's activities in the development of the system, including, bu~ no~ limited ~o, sabl~ sugary of any policy changes taking effect during ~he year. (2) A current copy of the subssribmr service and available servlce~, a current channsl list, regulations a~plicable to ~ub~cri~ers of the hours of operation, A copy of updated maps depictin~ the location of all trunks~ showing all neighborhoods, developments~ and public building~ ~erved, and separately i~entifying th:se areas where there (4) A list of all persons owning er controlling five (~) percent or more of the stock, entity er holding company that owns, or hy officers and members of the hoard and officers and where a parent corporation's stock is publicly trod=d, two (2) copies of its annual report. (6) A certifie~ special report of gross revenues that shall be specific as to the extent of Ail special reports shall be certified by an independent certified public accountant and prepared in accordance with Generally Accepted sourcaa sf ~ross revenue for the period and shall be mn sufficient scope ~o allow compliance with the franchise fee requirements of this chapter. (b) All proprietary information submitted pursuant to this section shall remain the property o~ ~he grantee and be treated a~ confidential to the extent permitted by law. (o) Additional information ~etsr~ined by the County to be ~eleva~t to the County's regulatory authority shall be Rads available for inspection of the grant~'n principal offices upon written request. Sec. 7-14.. Subscriber fees and rates. {a) The board shall have the authority to r~gulake ra~es, equipment and installatien of cable service~ in accordance with regulatory sction~ the board will conduct a public h~aring to of interested parties. (b) For all rate changes including those changes for ~ervice not regulated by the county: (1) A grantee shall file with the clerk of the board written schedules cf any proposed rate uhangea which ~hall describe all e×isting rates sha~l also describe all proposed changes in services tc be provid*d by the grantee and all proposed changes in the terms and conditions relating to suck services. In no event shall than thirty {30) days after receipt by the ~lerk of ~he written (2) Within thirty (30) days after receipt by the set a public hearing to review any rate incr~a~n_ The eler~ shall notify the grantee of such public meeting, At the public hearing, the grantee shall present to the board justification for the rat~ increase, identifying all significant that prompted an increas~ ~n rates end the the actual amount of the increase. (c) except as otherwise permitted under federal law, a q~antee shall not, with regard to fees, discriminate or grant any preference or advantage to any person. This section ~hall net prohibit th~ lawful ~st~blishme~t by a grantee of reasonable categories of service and customers with separate rates and terms an~ o0n~itions of service within a franchise (d) Notwithstandin~ (c) above~ a grantee ~ay~ a~ its own promotional 94-~65 11/~/94 Article III. Franchise Transfer or Revocation (a) The grantee shall promptly notify the couaty of or acquisition by any other party of control of the qrantee. ' Every change, transfer er acquisition of Control cf the grantee shall make tho franchise subject to cancellation unless and shall not be unreasonably withheld_ For the purpose of determining whether it shall consent to such change, tranafer or acquisition of control, the county may inquire into the qualifications of the prospective controlling party, and the grantee shall assist the county in any such inquiry. If the county does not schedule e hearing on the matter within nifty (607 days after notice of the change or proposed chang~ and the filing of a petition requesting its consent, it shall be deemed to have consented. In the event that the county adopt~ a acquisition o£ control has been effected, the county may cancel the franchise unless control of the grantee is restored to its status prior to the change, or to a status acceptable to the county. (b) Any franchise granted by the board mhall not be assigned, transferred, sold or disposed of, in whole er in part, by voluntary sale, merger, consolidation or otherwise or by forced Or involuntary sale, without prior uons~nt o% board, which consent shall not be unreasonably withheld (o) Any male, transfer er assignmnnt of any franohlae granted by the board shall be made by a bill of sale or document, an executed copy cf which ohall bo filed with the county administrator within thirty days after any such sate, transfer or assignment. The Doard shall not withhold its consent unreasonably; provided, however, the proposed agrees to comply with all the pmovisione of this chapter and the franchise and must be able ts provide reasonable proof of financial responsibility as determined by the board. (d} No such consent shall be required for a transfer in trust, mertgage~ or other instrument of hypothecation, in whole or in pa~t. to secure an indebtedness except that when such hypotheuation ~hall exceed seventy-five percent of tho fair market value of the property used Dy the grantee in the operation of its cable televimion system. Prier consent of the transfer an~ eaio censen~ shall no% be withheld unreasonably- {a) In addition to all ~he rights and power= reserved to righ~ to terminete the franchise and all rights and privileges of a grantee hereunder in any of the following events or fur any of the following reasons: (1) A grantee shall by act or omission violate eny material term or condition of ibm franchise or this chap=er, an~, within thirty (30) days following ~ritten demand by the county shall ~ail to effect compliance or if compliance can not neasonably be effected within thirty days, fail to ocmmsnce cure Qf the violation and proceed diligently to effect compliano~. {2} A grantee becomes insolvent, unable unwilling to pay its debts or is adjudged a bankrupt. (JJ A grantee will%ully or knowingly makes false statements on or in connection with its franchise applicatlen, proposal for renewal, or any public filing required by this ordinance or applicable law. (4) Centinuing vinlatien~ az determined by final decision of a court of appropriate jurisdiction of any prevision cf the Virginia Consumer Protection Act of l~77, as amended, that Comcast fails to cuMe promptly upon notice by ~he County. (b) The grantee shall not ~e declared at faul~ or be m~bjeet to revocation Under any provision of this chapter in any case in whi¢~ ~he performance Df any such provision is prevented for reasons beyond the grantee's control. A fault s~all not be deemed to De beyond the grantee's control if within the control of a corporation or oth~r business entity in which the grantee holds a controlling 'intsresb, or which holds indirectly. (e) If the beard determines after a public heariugthat much non-compliance was without just cause, then the board may adopt a reselution which t~rminates the franchise and i'nstr~cts the grantee to promptly r~nove from th~ public way all ~f its cable television facilities within one hundred twenty (120) ~ays from the date the grantee receives a writ=eh copy of ~uoh re~oluticn. The board ~hall be ~powered to seek legal and equitable relief in order te ensure compliance with this provision. In the alternative, the hoard may adopt a resolution authorizing the county te purchase the assets cf the grantee's cable television system at an equitable price in accordance with f~deral law and th~ previsions of this chapter unless there be compliance by the grantee within such reasonable period as the hoard may fix, $ec. 7-17. The ceunty shall have the righ~ ~o cancel a franchise thirty (30) days after th~ appointment of a receiver, or trustee, unless such receivership or trusteeship shall have been vacated prior to the expiration of said thirty (30) days, (a} wi=tin ene hundred and twenty [120) days or a mutually agrmed date after his election or appointment, reomiver ~r true,sa e~all have fully no~plied with all the provi~ions of thin ordinance and r~m~di~d all defaults thereunder; and (b) Such ~eceiver or trustee, within said one hundred and twenty (120) days or a mutually agreed date shell have ~×eeuted an a~reement~ consented to by the county and duly approved by the court having jurisdiction An the premises, whereby such every provisien of this ordinance and the franchise 9ranted to Section 7-18. Transfer of Ownership to County. (a) In the event the county acquirem ownership of the system in accordance with federal law and the D~evisions of this chapter~ upon payment of the purchase price, the grantee shall immediately transfer to the c0~nty pCSsemuicn and titl= to all facilities and property, real and personal, related to itc cable television system £re~ from any and all lien~ and encumbrances not agreed to be assumed by the county in lie~ of some portion of the purchase price. [bI Until such time as the grantee transfers to the the regular subscriber service and any and all of ~he cervices that may be provided at that time. During such interim p~riod, the grantee shall not sell any of the syst~ asmet~ nor chall the grantee make any material physical, administrative er operational change that would tend to degrade the quality of of the county cr its assignee. The county shall be permitted thi~ [c] For its management services during thic interim compensation, the ~et profit, as defined herein, solely responsible for any unreasonable delay in trancfar ownership and contr~l, the grantee shall continue to ~psrate the cable televi~ion~ without compensation for it~ until the sales agreement is executed and own~rmhip and control accordance with federal la~ and the provisions of this chapter, (b) The initial franchice area chall be subjec~ to approval by the county, and may be'amended at any time, either by the county on itc own mo%ion or upon the request of thc shall ~e reduoeo unless requested by ~he gran~ee. The grantee may be required %c interconnect its cable broadband communicahienc ~acilities locata~ in contiguous market demand for interoennection. Such interconnecticn shall be made within ninety (90) days of a request made by the board. Sec. 7-22. Extension of Service Facilities. (a) Grantee ~hall e~t~nd it~ ~ervice at it~ sole cost, bo areas have a dwelling unit density of twenty-five (25) u~upied homes Der route mile cf plant, cable service shall be promptly extended and provided in ~uch areas at standard rat~$ and charges no later than twelve (12) months from the time the density test is met. Cable services shall be installed at the prevailing normal installation charge if nc more than a ~00 foot drop wire is required to reach the home. The grantee zhall be allowed to collect its actual marginal cumt of installation beyond 200 feet. (b) ~rante~ shall extend cable ~ervioe to areas not meeting the density requirements specified in (a) upun receipt o~ a p~tition o~ such homeowners, ~nd provided s~oh homeowners agree to Day the grantee an ~msunt determined as follows: # of occupied homes in extension mileage of extension Total coot of building the extension times "A" Total co~t of building sh~re of extension cost Total subscribers in ~ Occupied homes per~ mile - Ratio cf dunmity of the extension to the minimum density which the Grantee constructs in th~ - Total amount to be Each subscriber~ When e request fo~ service is received~ and unless good cause is ~hewn, grantee will: (1) Provide a written e~timate within ~hlrty (30) days of ~uch a request; Begin Cunstruction within ninety (90) days or rece~Dt of rural monies from participating ~ubscribers, provided that make ready ~srk and all necessary permits and approvals have been (3) Complete construction within six months of receipt of to,al monies from participating grant~ Iinsluding, but not limite~ to, the obtaining of all necessary permits und approvals); and Inform each hume passed alun~ ~he extension of the potential co~t for subscribers. Subscribers who pay for an extension shall be entitled to ~ebates in the fOllOwing manner: (1) zf the grantee acquires new subsorlbers subsequent to the initial axtensionf th~ formula will be adjusted so that any new ~ub~criber shall pay its pro rata share of %he e~ten~ion in accordance with the adjusted formula, and bhose who have previously paid for the extension will Be entitled to an amount of the rebate exceed the $~bs~riber's contribution; (2) The grantee shall keep accurate r~ccrds of the cost of the extension, the amounts paid by subscribers and any appropriate adjustments; Once an individual dwelling has paid it~ share of the extension cost, fa=ute reeonneoticn~ cr installations ~or that dwelling shall be made at the grantee's ~tandard rate; and After a period of three (3) years f~om the installatien of the first dwelling u~it in the e~%ennion, no further adjustments shell be made. Installations after three y~ars ~hall be ,~ at the grantee's standard rate. (o] Grantee ~hall make every reasonable effort to cooperate with cable television franchise holder~ in contiguous ~ommuni=ie~ in order to provide cable service in areas wi~hi~ the =aunty but outside the grantee's initial franchkse area. The county shall make every reasonable effort to coopera=e with the franchising authorities in contiguous communities, and with the grantee, in order to provide cabl~ tel=vision service in oe~- 7-23. ~¥stem desecration. (a) The cable television system to be installed by grantee shall comply in all respects with the capacity, capability, and technical performance ~equ~reDent~ set forth in (b} The grantee's cable tale¥ision system shall have technical capacity :c eDable it to provide return (e) The grantee's cable television ~ystem shall maintain at leazt one ~pecially designated noncommercial public access channel availaDl~ on a firut~come, nondiscriminatory basis. The syste~ mhall maintain and have available for public use the minimal equipment, personnel, and facilities necessary for t~e will be mad~ available without charge, except that production other publlo access e~annels shall be con~istent with the goal (d) The grunteers cable television sy~t~J~=hall maintain w~theut charge a specially ~esignat~d acces~ channel for local (e) The grantee's cable television system shall mainEain without charge specially designated aoces~ channel for public education use. capacity for leased commercial access services as required by applicable federal regulation. 94-870 11/9/94 (~) Whenever all of the channels described in paraqraphs (o), Id), (e) and (f) of this section carry non-repetitive progra~ing eighty percent (809) of the weekdays Monday through Friday for eighty percent (80%) of the time during any consecutive six-hour period for six consecutive weeks, tho grantee's cable television system shall, within the limits of its channel capacity and if consistent with then applicable FCC rulem and regulations, have slx months in which to make a new access channel available for any or all of the purposes for which such channels are designated. Nothing in %tls provision shall prohibit the grantee from e~hibitiaq programming of its choice during such time as the access channels described in paragraphs (c), (d], (e) and (f> are not in use by the public. Grantee shall, hQwever at all times, give priority to public and governmental u~e cf the channels over grantee's programming, pruvlded grantee is afforded reasonable no, ice of such proposed use. (i) Grantee shall provide, without charge within the iai=icl franchise a~ea, basic standard service to each fire station, public and private school, police station, public library, ~escus squad and such buildings as used for ~unicipal purpo~e~ a~ may ~e desigua%ed by the county, prsuided, however, ~hst if i~ is necessary t~ extend grantee'~ trunk or feeder lin~s mo~ than six hundred (600) fe~t to provide service to any such school er public building, the ~ounty shall have the option, either of paying grantee's direct costs for such ex~ension, in exoesm of six hundred feet, or of releasing grantee from the obligation to provide ~erviee to such building. [j) Th~ gran~ee shall maintain its cable system with level of production or other facilities, technical performance, capacity, equipment, components and ~%rvice equal to that which at a minimum h~s been developed and demonetra:ed by sxlsting cable television system operata~ a~d reputable equipment suppliers to bs wurkable in :he field, which is as modern and technologically advanced as that employed by comparable cable systems, which is reasonably available and economically and technologically feauibla to install and for which there is reasonable market demand. See. 7-24. Ooerational (a) Grantee s~all construct, epera=e and maintain the sable television ~ystem subject to the supervision of the county and in full compliance with ~11 applicable federal, state and local rules and regulations, and any thera=o. The cable television system and all its parts shall he subject to inspection by the county upon reasonable notice. (b) If requested by the county, copies ef oorrespondence~ petitions, reports, applications and other document~ sent or received by g~antea from Federal or Stat~ agencies having appropriate jurisdiction in mathers affectin~ cable televi~i0n operation shall be simultaneously ~urnished by the grantee to t~e county. (o) ~n the case cf any emergency or disaster, the grantee shall, upon request of th~ county administrator, make available, free of ohs~qe, its facilities to the county for emergency usc during =he emergency or dissutar period. SeC, 7-25. Customer Service Standards. (a} ~xce~= for more stringent standards sat forth or in the franchise agreement, the grantee shall comply with the minimum =us=omar serviss standards established by federal regulation which are hereby incorporated by reference. (b) The grantee shall credit subscribers ~or outages in the system which result in loss e£ picture or ~ound on one or mere channel0 for more than twenty-four (24) hours. (1) If aubscriber~ have notified the grantee by phone or in writing of any ouch outage unless the granUee has actual or constr~ctive knowledge of the outage, subscribers receive a credit for each calendar day or pa~t thereof du~ing which service is out. subscriber with a rebate rather than a credit on the subscriber's hill to fulfill the requirements o~ thio subsection. (c) Service calls: excluding ¢ondltion~ beyond the control of the opsrator, the grantee shall respond ts service calls and complaints promptly. Grantee shall ~aintain a ~epair force of service personnel capable of responding to subscriber requests for service under normst operating condition~ within the following time fracas (unless a subscriber reguasts a different more convenient date that is bsyond the following perfer~anss il) For any complaints o~ loss of sound or a picture on one (1~ or more shannels, on the same day if the grantee is notified by f:00 Within twenty four (~4) hours after notification for all other service calls. (d) Availability of special equipment. (1) The grantee shall provide, upon the request of Lhe subscriber, the following equipmunt at the subscriber's reasonable A/B (input selector) s~itche$ to allow swi~chover to subscriber's antenma~ (ii) A pareDtal lock to allow ~ubpcriber blockin~ of a spsc~fisd sable service or (iii) De¥~ce~ to insure adequate cable television service for hearing- (f) The grantee shall m~int~in on all fully or rebuilt ~y~te~s equipment capable of providing s~andby power two (~1 (g) A minimum of ninety-five percent (95%) of all standard installations requiring service drops not large~ than ~25 feet and a minimum of n~nsty percent (90%) cf all standard installations requiring servlc~ dr~ps not longer than 200 feet will be performed within seven (7} business days after an order has been placed and a minimum of ninety percent [90%) of service drops that are temporarily Dlacs~ above ground will be buried wiZhin ten (10) business days of t~% date of installation; provided the ~rantee has been a~le ~o obtain any installation~ amd service drups and has mol been delayed by Acts of God or other conditions beyond its reasonable control. inches. If ~he County reasive~-an individual complaint of noncompliance with this section, upon written request the grantee shall make such information available ta the county which d~monstrate~ conplipnoe with this section. (h) All field employees, including subcontractors, that have occasion to deal directly with subsoribers must carry identification indicating their employment with the qrantse be displayed upon request. (i) Grantee ~hsll employ and utilize equipment which is capable of monitoring and ~ecording telephone answering ~tandards as set forth in federal regulations. (j) Customer service center and bill pmyment location~ will be open for transactions Monday through Friday during normal business hour~. Additionally, ba~ed on community needs, end customer demand =he gran=ee will schadute supplemental hours on weekdays a~d/o~ weekends during which these centers will be open as needed. (~} Grantee shall provide at least f~ve (5) days' written notice prior to discontinuance of service due to nonpayment and shall not terminate £~r nonpayment where th~ payment relate~ tm service not yet provided. right of rescission for ordering cable services, except that such right of rescission ~hall end upon initiation installation of the service, whet~er physically or electronically, on th~ customer's premises. Im) The grantoe shall minimize system sorvlce interruptions to the greatest extent pract~cabl~. Eeo. 7-26_ Customer Service Performance .Reports. The grantee shall provide the county with quarterly reports on customer service which sha~l provide th8 following information for the period: monthly service call rat~s and time off equivalents; percentage of calls answered within 30 seconds; percentage of abandoned calls; percentage of time ail trunks were hugy; (e) number of repair service requests received by type of complaint, and cause Of problem. (a) Not later t~an ninety days after any new or substantially rebuilt portions Of the system is made available be conducted by the grantee %e demonstrate full compliance with the Technical Standards of the Federal Co~tmunication~ Commission and this chapter. Such ~es%s s~all be performed with proper training and experience approved by =he county. A cody of the report shall be submitted to the county, describing procedures, and the qualifications of the engineer ~or ~he (b} A co~y cf the grantee'~ proof of performance required to be filed with the Pederal C~mmusioations Commission shall be ~imultanecusly submitted to the ....... l ....... k ....... ;._ ,I , L __1 L ................. See, 7-28 Performance evaluation sessions. (a) The county and the grintee may hol~ scheduled porformanc~ evaluation sessions every %we year(al from the annlv~rsary date of %he granteet~ award of a franchise and as may he required by federal and state law. (b) Special evaluation sessions may be held a~ any time during tho germ of a franchise at the reques~ of the county or the grantee, and upon ninety <90) days written notice. (¢) All evaluation sessions shall De open to th~ public and shall be advortise~ in a newspapor of general circulation at lea~t ten (10) days prior to ~ach mession. The grantee shall notify its subscribers cf the evaluation sessions ~y announcement dlspleyed prominently ~n its ca~le system durin~ prime time, for five [5) ¢onsocutlve days ~recedln~ each session. {d) Topics which may be discussed at any scheduled or special evaluation me.sion may in¢ludo, but not be limited to, ~ervice rate structureS; franchise .fee; liquidated damages; free or discounted services; application of new technologies; system performance; g~rvices provided; programming offere~; cuntomer ~¢mplaints; privacy; amendments go this 0rdinance~ judicial end FCC rulings; line extension policies; a~d county or grantee rules. The county hereby grant~ to the ~rantee the right to use all public ~ays owned by th~ county for the onr~o~o of installing cable television structures, lln~s~ oquipment and facilities, so %en~ as such use is consistent with t~e legal ri~ht~ owned by the county and the requiremsntg of this chapter. Prior to installing any such structures, l~nes, equipment and facilities the qr&n~ee ghail notify %he county Utility Department of its plans and tho Utility Department may require such modifications as will prote~t the existing utilities within the public way. (a) Grantee shall utilize existing polos, condUitZ and other f~ciliti~s whenever possibl~ and all transmissien~ and distribution structures, lin~s smd equipmemt ~rected by the gram=es within the county ~hall be so located as =c cause minimum interference with the ~roper use of ~treets, and to cause minimum interference with property owners who adjoin such (b) Whenever the ceunty shall r~qu±re th~ r~location or reinstallation of any property of the grantee in any of tho public ways within the county, it shall he th8 obligation cf reinstallation by tke grantee shall be performed within a reasonable period of ~ime and at the ~ole ~ost of the grantee. to) Wh~re :he county or a public utility serving the county desires to maR% use o~ the poles or oth~r wire-holding structures o~ qbe grantee but agreement therefore with the trenton cannot be reached, the board may require the grantee to term~ a~ is just and rsa~onable, if the board d~terminss that the use would enhance the public convenience and would net unduly interfere with the grantee's opmration~. (d} Wherever all electrical and telephone utility wiring is located underqround, either at the time of initial construction or subsequently, the grantee's cable shall also be located underground~ at grantee'~ own (e) G~ante~ ~hali, at its own expense and in a manner approved by the county, restore to ~e~mty standards and specifications any damage or disturbance caused to th~ public way as a result Of its operations or construction on its behalf. Grantee ~hatl guarantee and maintain ~uah r~steration fc~ a period of uns year against defective materials or workmanship. If the public way i~ not re~tore~ to the ce~nty~s reasonable satisfaction, the county shall have the right to ha~e s~ch wor~ per,or,ed and charge al1 reasonable costs to the (f) Whenever~ in case of fire o~ oth=~ disaster, it becemes necessary in ~he judgment sf the chiefs of the Fire or Police Departments to remove or damage any of th~ grantee's facilities, no e~arge shall b~ made by the grantee agains= the county for restoration and repair. (~) ~rantee shall have the authority to trim treem on public property a~ its own e~pense as may be necessary ts protect its ~ires a~d facilities, subject to th~ and direction o~ the counSy. The grantms shall obtain written consent of the county prior to trimming any trees within rights Qf way. Article V. General Previsions Scs. 7-30. Protecsion of (s) Grantee s~all not permit the transmission of any signal, aural, visual er digital, including "polling" the channel ~election, from any subscriber's premises without first obtaining written permission of the subscriber. This ~rovisien is not intended to prohibit the use o9 transmission o~ si~nal~ performance. (b) Grantee shall not permit the installation of any special terminal equipment in any subscriber's premise~ that will permit transmission from subscriber's premises of two-way services utilizing aural, visual ~r digital signals without first obtaining written permission of the subscriber. attaching of any equipment or device capable of mltmNing access or use of the cable television service shall be deemed prima (b) In addition to any ether remedy availaDle to the violating this section sh~ll be quilty of a misdemeano~ Sec- 7-~2. compliance with sta~e and federal law. (a) Unte~ requi~e~ to meet mere stringent standards contained in this ordinance or in the franchise agreement, the federal administrm%ive agency. If any term ef this chapter 94 875 11/9/94 ..................... I+ ................. J ................. L .~L L .......... shall become prohibited by any ~aTe or federal law or rule or regulation of any federal edministrativs agencyr the board shall, as soon as possible following ~nowledgs thereof, amend tbim chapter and franchise in a ~anner to bring both into compliance with ouch law, rule or regulation. (b) A grantee shall not refuse to hire, nor disoharse from employment, nor discriminate against any person regarding compenmation~ terms, conditions or privileges of employment because of disability, age, ~ex~ race, color, or,ed or national origin. A ~r&ntee shall comply with all federal, state and county rules and regulations re~arding affirmative action other aspects of employmen: with respect to recruitment advertimingr ~mployment interviews~ employment, rates of p~y, upgrading, tranmfer~ demotion, layoff and termination. Sec- ?-33~ Unlawful acts: cenalties. (a) It ~hall be unlaw£ul for any per,on, firm or corporation to establish, operate or carry on the businem$ distributing to any perzoo~ in this county any t~levision ~iqnals or radio signals by means other than broadcast unless a franchise ther~f0r has first bean obtained pursuant to the provisions of this chapter and unlesm math franchi~ iE in full force and $~fect. (b) It shall be unlawful for any peraon~ firm or corporation to construct, install or maintain within any public ~treet in th~ county, or within amy eths~ public property of th~ county, or within any privately owned are~ within county which has not yst become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the county, any equipmsDt or facilities for distributing any television ~ignals or radio slgn~l~ through a cabl~ system, unless a franohiEe authorizing such use of such arrest or property or ar~a has first been obtained pursuant to the provisions of thi~ chapter and unless such franchise is in full force and affect- (c) It shall be unlawful ~or any Rerscn, firm er corporation ~ithout the consent of the owner to willfully tamper with, remove o~ injure any cables, wires or equipment useO for distribution of television $igmal~, radio 9ignals, pictures, programs or sound. {d) Any person, firm or corporation violating subsection of this Section shall be punished by a fine not exceeding one thousand dollars (81,000.~) or by imprisonment not excee~in~ twelve {121 months or by both such fine and impriSOnment. Each day any violation oS any subsection of this sec%ion shall continue shell constitute u separate offense. within the county in order tc provide service outside th~ any nature to any home or place cf businems within the co~nty ~rnensver thia chapter or a franchise sets forth any time for any act to ~e performed by or on the behalf of a failure to perform within the time allotted, in all cases, shall be sufficient grounds for the county to invoke the remedies available unde~ the ter~a and conditions of this chapter and the franchise. (a) The grantee shall not be excused from complying with any of the terms and ccndition~ of this chapter or the franchise by any failure of the county, upon any ese or more eccaeions, to in~i~t upon the grantee'~ performance or tc seek grantee's compliance with any one or more of such terms or conditions. (b) Nothing h~r~in shall b~ construed to requir~ th~ grantee to comply with the terms of this chapter or the franchise if prohibited from doing $o by disaster, war, civil disobedience, g0vennmemtal enactment or regulation or other Act Sec. 7-36. Rights reserved to the Countv. Th~ county h~r~by ~×pr~ssly r~rv~s the fsllowiD~ rightm! (a) To a~opt, in addition to ~he previsions contained ordinances, such additional ~awful regulations =s it shall find secessar~ in the exercise of itu polite power provided, shall be reasonnDle and not in conflict with the rights herein (b) To amend or modify the franchise should the Federal Communications Commission, as a result of its certification or registration process mandate that subztantial sections of the chapter be altered or deleted. Sec. 7-37. Designation of County Administrator as ~nforcinq official, In all instances w~ere this chapter refers to the "county," without referring to a specific official, the appropriate representative of the Board of Supervisors shall be the county administrator. (2) That this ordinance shall become effective immediately upon adoption. Mr. Barber stated the County is receiving a commitment of 30 million dollars in capital improvements as well as flaaibility with the IN~T in the ~ranchise agreement with Co~oast. ~e further sta~ed he feels ~ha nmgo~ia~ions have bass ~atisfied and expressed appreciation to County staff and Comcast for their efforts during this prncesa. Mr. Barber then made a motion~ seconded by Dr. Nicholas, for Chesterfield County, Incorporated for renewal s~ its cable television franchise agreement, fit is note~ a copy of ~he franchise agreement is filed with the papers of this Board.) 94-~77 i1/9/94 Mr. stith stated Mr. ~cHal~ reque~t~ tha Board establish and Philip Morris, and Appomattox Rivers and ~imultaneou~ly nominated/appointed Mr, Wa~e Lanning ~cu~ed himself £rQm the ms~ting. whose term i~ effecklv~ i~mediately an~ will ~e a~ the pleasur~ on ~ntion of Mr. taniel, meoonded by Dr. Nicholas, the Board * Rials Road and Green Cedar Lane * Chester Forest Lane and Green Cedar Lane Cast to install light: $2,367.07 8.~.A.~. ~O~ION OF RESOLUTION SUPPORTING ~HE VIRGINIA Mr. ~cWale stated he feels the Board n~eds to ~Ove forward in supporting t~ vir~inla Swimming an~ Qiving Cea:ar and :hat the C~nter will bring substantial advantage~ to the metropolitan Richmond area. Mr. Warren made a motien for the Board to adopt a resolution supporting the Virginia Swimming and Diving Center. ~r. sarber seconded the marion. Mr. Daniel offered an amendment to the mutton for the appropriate language to be included in the resolution stating Chesterfield County will have the upportunlty to make a call on Mr. Warren sta~ed he realm the language should be generic so all jurisdictions participating, ba~ed upon :ha proportional funding, would hav~ equal time_ He then accepted the amendment to %he motion made by Mr. Daniel. ~r. ~cHal~ called for the vd%e, on the motion made by Mr. following resolution: SUPPORT BP FUNDING FOR THE VIRGINIA SWIF~dIWG AND DIVING CENTER WHEREA$~ the Metropolitan Richmond ~portn Backers have identified an opportunity for the Richmond region to bid On the 1997 or 1999 U.S. Olympic Festival; and over 400~000~ create an economic impact of approximately $38 million, and leave a legacy of new world class sports facilities for aDea citizens to enjoy; and WNEREAS~ th~ event will bring nnity to the metropolitan area by involving ever 1~,000 volunteers in a regional effort; and WHEREAS, the Co~nties of Chesterfield, Hanover, Hearted, and the City of Richmond have supported e~forts to bring the U.S. Ollrmpic Festival to Richmond by adopting a resolution of s%ppor~ at tKe Regional Summit held on May 13, 1994; and WHeReAS, the four localities each have appropriated $I0,000 towards th~ cost of bidding on the Festival; and WHEREAS, the Richmond region can win the Olympic Festival bid only if ma~or new ~p0rts facilities are constructed, including a Track and Field Stadium and a swimming and Diving Center; and WHEREAS the co~structson of such world class spo~s facilitie~ will require the cooperative efforts G£ the four area jurisdictions as well as the Commonwealth of virginia and the private sector; amd W~ER~A$~ conceptual plans have been ~eveleped for constructing a major amateur sports complex at The Diamond; amd WHEREAS, under provisions of section )$ 255-44:13 (el) of the Cods of virginia, as amendedr the Rictkmon~ ~etropelitan Authority (RMA) is eu=he=ized, '~ith the approval of the Council of the city of Richmond and the Board~ of Superviser~ of the Counties of Hsnrico an~ Chesterfield to acquire land, ~on~truct, own and operate sports facilities of any nature including facilities reasonably related thereto...;'~ and ~EREAS~ the TraCk and Field Stadiu~ will b~ de,eloped a~ Dart cT the proposed amateur sports complex at an ee~t of $3.7 million, with support from Virgini~ Commonwealth University an~ private philanthropy; and WHEREAS, the private sector has pledged over $2 million towazd the cost of the U.S. olympic FeStival; and WHEREAS. an independent public opinion poll ha~ demonmtreted that approximately 70 percent u£ the citizen~ in ~he metropolitan area ~ould ~upport t~e use of public fund~ t~ d~velop meaded sports facilities; and WHEREAS, th~ four area localities wish to make fl united effort tc build %he proposed Virginia Swimming and Diving C~nter, which is t~s linchpin for s~curlng the Olympic Festival, and ~he anchor for the first p~ase ~f the Richmond Regional Amateur Sports complex. ~OW, THEREFORE BE iT RESOLVED, t~at the Counties of Chesterfield, Kenrico, Hanover and the City of Richmond hereby commit to coustruct and operate the virginia Swimming and D~vin~ Center in accordance with the followin~ understandings: 1. The facility will be developed ~y the Richmond Metropolitan Authority as p~st of the proposed Re~fonal Amateur Sports Complex located on City owned property in the vicinity of The Oiamond; 2. The City will make available the cite for the facility at The Sacility will incled~ the program element~ lis~ed on Attachment A; 4, The facili=y will b~ ~evelopsd in accordance with Scheme ~C as illustrated in Attachment B; The total capital cost of the project is estimated to $20,000,000; 6. The project i~ contingent co financial support from the Commonwealth of Virginia in an amount of at least 7. The m~ximum amount that the loealiti~g will p~ovide towards COn~tructiom of the pro]mcr is $15,000,000; The projec~ schedule provides fer preliminary design begin nc later than January 1, 1~5, with construction to be completed by Hey 1, 1997, as outlined in Attachment 9. Prelininary design c~cts incurred between January 1, 1995 and April 30, 1995 will be advanced by private sources, up to a naximun of SS0O,O00, ~i%h reimbursement p~evided by the jurisdictions when permansnt financing ia provided for the project; 10. The project is contingent on award of the 199V ar X999 U.S- Olympic Festival to the Richmond Region by April 30, 1995; 11. The project will be financed throuqh a 20 year tax-exempt financing backed by each participating juri~dlotion; 12. ~ach partloiDaUlng jurisdintion will provide a moral obligation (or suitable substitute) to r~pay its pro r~ta share of tho debt; 13. Annual costs of ~he project will be shared by tho jurisdi~tioDs on the following basis: Chesterfield 30 ~ercent; Henrico 30 percent; Richmond ]0 percent; Hanover X0 p~rcent. The Hanover share will increas~ to lB p~rc~nt will be divided equally among the oth~r thr~ losali~ies~ ac sunmarized in Attachment D; 14. Tho project is contingent on vote~ approval of a 1995~ UnsCheduled time available in the facility will be made available to the participating jurisd~cticnc, in the cane Paragraph 13 a~ove, for use by the residents of the jurisdictions. Metropolitan Authority is hereby requested to undertake the acquisition, financing, design, and construction of the virginia swimming an~ Diving Center, with operating responsibilities to be delsgat~d to an "Operating Committee," ~o be comprised of representatives of each jurisdiction, with ~emb~rship to be allocated in proportion to ~aeh lccality~$ financial participctisn, or in accordance with any ether operating structure approved by the four jurisdictions. begin design cf the Virginia Swimming and Di~ing Center, a~ soon as possible, with finassinq advanced fron private sources. A~D, B~ ~T FURTM~R RESOLVED, ~hat the RNA is requested to and construction of the Virginia Swimming and Diving Can~er as soon as possible after April 1, 19~5, provided that the following provisions are aatisfle~: 1. The 1997 Olympic Festival is awarded to the R±chmond Region; ~. The Con~uonwealth of Virgini~ will appropriate at least $~,QQQ~QOQ to the Virginia Swi~inq and Diving Center project; 3. The citizens of ~enrice County appro~ in referendum th~ County of Henricc'c participation in the project. AND~ BE IT FURTHER RESOLVED, that the ~ is requested to ~inance the virginia Swinming and Diving Canter through tax- exempt fi~&Rci~g bacRed by ca~h participating jurisdiction (City Of Richmond and ~he Counties of Henrico, Chestmrfield and Manover), with ~ach locality providing itm pre tala share ef 94-S81 11/9/94 ..... ~ . _1 I ............. L .......... I L ................. the project costs either through direct funding or by providing its ~oral obligatio~ Decking (er eulta~le substitute) repayment of the debt, and funding any operating deficits, or futura capital improvement needs. 8.~.B. REQUEST FOR R~FLE PERMIT FOR GREATER RICHMOND YKCA, KIDLO~HiAN ~RA~CH Mr. Barber disclosed to ~he Board that hm i~ a me.er of the Nidlothian Branch YMCA, declared a potential conflict of interest pursuant to the Virginia Comprehensive Conflict of Interest Act, and excused himself from the meeting. On motion of Mr- warren, seconded by Dr. ~ishola~, the Board approved a raffle permit for Greater Richmond YMCA, Midlothian Branah~ for calendar year 1994, Ayes: Mr. Mc£ale, Mr. Warren, Mr. Daniel, and Dr, Nicholas- Absent: Mr. Barber. M~. Barbe~ r~tu~ned to t~e needing. ~r. Barber made a motion for the Board ~o set the date of December 14, 1994 at 7:00 p.m. for a public hearing to ~amsider amending the Charter to provide ~hat all elections fo~ County supervisors woul~ be "non-parti~an." Dr. Nicholas seconded the motion. Mr, Warren stated the Board m~t with member~ of the Legislative Delegation for a wor~ session in which thi~ ~ue was an~ that several members e×press~d they are not opposed to the Board holding a public hearing on this issue, Me further etated he supports the motion. Mr. McMale called for th~ vot~ on th~ motion made by Barber, meconded by Dr. Nicholas, for the Bsard to set th~ da~a of December 14, 1994 at 7~00 p.m- for a public hearing to consider amending the Charter to provide that all elections for County eupervimors would be "non-p=rtlean." Ayes: Mr. MoMale, Mr. Warren, Mr. Marbur, and Dr. Nicholas. Nays: Mr. Daniel. 1~. ADJOUP~N~ENT On ~otise Of ~r. B~rber, seconded by Dr. Nicholas, the Board adjourned at 8:~ p.~. until November 10, 1994 at 4:00 p.~. at the Public Safety Traiui~g Center for a work ~sgion with the School Board. ~ McHale, Chairman