04-25-1973 Minutespresent: I
~r, Irvin G. Horner, Chairman
Mr. Leo M~ers, Vice-Chairman
Mr. J. Ru 'fin Apperson
Mr. A. J. Krepe!a
Mr. E. Merlin O'Neill
VIRGINIA: At an adjourned meeting of the
Board of Supervisors of Chesterfield
County, held at the Courthouse on
April 25, 1973, at 2:00 P.M.
Also Present:
Mr. Oliver D. Xudy, Comm. Atty.
[4r. Morris ~iason, Asst. Comm. Atty.
~r. M. W.. Burnett, Co. Administrator
Nr. C. G. ~[anuel, Asst. Co. Admin.
~qr. Robert A. Painter, Co. Eng.
Mr. David Welchons, Asst. Co. Eng.
Mr. William Prosise, Asst. Co. Eng.
~ir. ~4ichael Ritz, Co. Planner
On motion of ~{r. Apperson, seconded by ~r. ~yers, it is resolved that the
minutes of March 28 and April 9, 1973, be and they bere}~y are approved.
Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, bir. Krepels and ~r. O'Neill.
Mr. J. %~einberg, Attorney for PIr. Glen T. Hastings, comes before the Board
requesting some sharing in approximately 100% overrun in ~ sewer project in
Matoaca District. Mr. Weinberg states that the first estimate of $87,937.00 was
used with~a possible 15% cont~ngency~ that the bid price on the project exceeded
$200,000, that the maximum value of connections was $].03,000 and suggested that
the excess be shared equally by the develcper and the County. it was generally
agreed that this matter would be deferred for further consideration.
On motion of ~r. Apperson, seconded by ~tr. l[repels, it is resolved ~hat the
water contract %'[73-28D for ~[eadowbrook Apartments, Sect. V, in the amount cf
$3500.00 be and it hereby is approved.
Ayes: Mr~ Horner, ~'ir. I..lyers, Mr. Apperson, Mr. Krepela and ~ir. O'Neill.
On motion of Mr. Homer, ~econded by Mr. Krepela, it is resolved that the water
line exteBsion on Moravia Road in~Ciifton Road be e~tended with the understanding
that the ~onnection fees would be $500.00.
Ayes: Mr.i Horner, Mr. Myers, Mr. Apperson, ~r. Krepela and Mr. O'Neill.
On motion cf Mr. O'Neill, seconded by Hr. Myers, it is resolved that Water
Contract W73-14C be awarded to the T & E~Construction Company.
Ayes: Mr. Horner, Mr. Myers, 14r. Apperson, l~'lr. Krepela and ~lr. O'Neill.
On motion iof ~4r. Horner, seconded by ~[r. Apperson, it is resolved that Sewer
contract ~73-17CD for the installation of sewers on Elkhardt Road at Rt. 360 in
the total amount of $5,211.00 be and it hereby is approved.
Ayes: Mr'! Horner, Mr. I4yers, Mr. Apperson, ~Ir. Krepela and Mr. O'Neill.
On motion iof Mr. Krepela, seconded by Mr. O'Neill, it is r~solved that Sewer
contract Sewer contract $73-14D for the installation of sewers in Briarwood
Hearth, Phase I, in the total amount of $35,030.00 and S73-16D for the installa-
tion of s~wers in Huguenot Village Shopping Center, in the amount of $35,522.90
be and they hereby are approved.
Ayes: Mr.i Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill.
On motion of Mr. Krepela, seconded by Mr. Myers, it is resolved that the sewer
Agreement iS73-3CD for the installation of sewers in Olde Coach Village-Buckingham
R~ad, be ~a~d it hereby is approved, subject to the installation of a sewer line
along Falling Creek.
Ayes: Mr.i Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill.
On motion of Mr. Krepela, seconded by Mr. Myers, it is resolved that a sewer
connectio~ be allowed for Edgar L. Robbins at 10007 ~uguenot Road.
Ayes: Mr.i Horner, Mr. Myers, Mr. Krepela and Mr. O'Neill, Mr. Apperson.
Mr. Stamie
amount fo~
On motion
ing permi~
will be pz
the sewer
Ayes:
E. Lyttle comes before the Board requesting the Board to set an
the connection charge for the Y.M.C.A. building on Route 360.
)f Mr. Hornet, seconded by Mr. Krepela, it is resolved that a build=
be issued with the understanding that the sewer connection charge
[ced at $600.00 and there be given an easement for the extension.of
line across the property of the Y.M.C.A.
Mr.i Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill.
iIt was lexplained that this was the time set aside to discuss the Cable TV
ii0rdinaNce deferred from March 28, 1973.
Mr. Roger Beane and Mr. Vernon LaPrade after hearing an explanation from Mr.
Morris Mason in suppprt of the proposed changes, object to the language in
Section 19 of the proposed Ordinance,
i Whereupon, the Chairman requested all parties interested in this matter to retire
i from t~e meeting to discuss their areas of differences. After some time Mr. Mason
again qomes before the Board with some modifications of the wording in Section 19.
Whereupon, Mr. Vernon LaPrD. de states that he still has reservations and is trying
to kee~ the franchise company from recommending a repair facility.
After ~uch discussion of this matter, it is on motion of Mr. O'Neillr seconded
by Mr. Apperson, resolved that the proposed ordinance as amended be adopted.
AN ORDIiNANCE to amend the code of the County of Chesterfield, Virginia by adding
thereto, a new chapter, Chapter 5A entitled franchises, consisting of sections
through 25 to provide for the-~ranting by the County of Chesterfield, Virginia,
to a person, firm or corporation and their successors or assigns, hereafter to
be ascertained in the manner prescribed by law, an exclusive franchise, right
and prilvilege, upon certain conditions, to use the roads, streets, alleys and
other public grounds of the County of Chesterfield as the same now exists or
may hereafter be changed, for the construction, maintenance and operation therein
of a s~stem of electrical equipment, structures, or fixtures necessary and inciden-;
tel to the operation and maintenance of a community antenna television system in
Chestemfield County, Virginia in such manner as may be prescribed by ordinance
:i or regulation, and to provide for the receiving of bids for such franchise, right
and privilege.
BE IT O~DAINED BY THE ~ARD OF SUPERVISORS OF THE COUNTY OF CHESTEP~FIELD, VIRGINIA
WHEREAS, the instant ordinance sets forth procedures for granting a cable
tetevislion franchise, and certain requirements for the terms and conditions of
such f~anchise;
NO~';, THEREFORE, the County of Chesterfield has the authority to grant
cable ~elevision franchise on the following terms and conditions:
SE~TION 1. DEFINITIONS
viation~ and their derivations shall have the same meaning given herein. ~{hen
not ~nconsistent with the context, words used in the present tense shall inc!uds
the future, words in the pluran number include the singular number and words in
the s!n~ular number include the plural number. The word "sh=~l].~ "is always
mandato!ry and not merely directory.
For the purposes of this ordinance the following terms, phrases, words, abbre-
A. County - shall mean the County of Chesterfield.
B. Board - shall mean the Board of Supervisors of the County of
Chesterfield, Virginia, or any successor to the legislative powers of the present
Board.
C. Cable Television System - shall mean any facility that in whole or
in part receives directly or indirectly over the air ~nd amplifies or otherwise
modifie~
dis uzlb~tes
or radi~o stations and
members, of the public who pay for such services.
corporal, ion, company or organization of any kind.
E. Applicant sbatl mean any person .u~)mlttlng an application to the
County for a franchise to operate a cable television system under the terms and
conditions set forth by the Boa. rd.
F. Grantee - shall mean the person to whore or to which a. franchise is
granted by the Board pursuant 'to 'this ordinance or anyone who succeeds such
person in accordance with the provisions of the franchise.
G. Gross Subscriber Revenue - shall mean subscriber revenues derived
from regular subscriber services, i. e., the carriace of broadcast signals
and required non-broadcast services provided by cable television systems
pursuan~ to rules and regulations of the Federal Communications Commission.
H. Street - shall mean 'the surface of and the space above and below
any pub~lic street, road, highway, freeway, lane, path, public way, or place,
alley c~urt boulevard parkway, drive or other easement now or hereafter held
by the ~County for the purpose of public travel and shall include other easements
or rights of way as shall be now held or hereafter held by the ~ounty which shall,
within their proper use and meaning' entitle the County and its Grantee to the
use thereof for the purposes of iud?tailing or transmitting cable television
system transmissions over poles, wires, cables, conductors, ducts, conduits,
vaults, manholes, amplifiers, appliances, attachnents, and other property as
may be ~rdinarily necessary and pertinent to a c~bl.e television system.
I. Federal Communications Commission or FCC - shall mean that agency
as presently constituted by the U. S. Congress or any successor agency°
J. Certificate of Compliance - shall mean that approval required by
the FCC in order for a Grantee of a cable television franchise to begin operation
within the County.
SECTION 2. GRANT OF AUTHORITY
Th~ Board is hereby authorized to grant the exclusive right, privilege and
franchise to construct, operate and maintain a cable television system=in the
County ~or a period of fifteen (15) years from and after the passage, ¢~cce~tance
and effective date of this ordinance or the grant as authorized he~ein~ subject~
to the ~onditions and restrictions as hereinafter provided.
SECTION 3. FRANCHISE TERM
An~ franchise granted pursuant hereto shall terminate fifteen (15) years
iifrom da~e of grant, and may be renewed for successive fifteen (15) year terms
the Same terms or donditions as contained herein, or such different or
!iadditio~al terms and conditions as may be lawfully required by the Board, and
i~consist~nt with the requirements of any then applicable rules and regulations
!iof. the ~CC.
SECTION 4. APPLICATION FOR CABLE TELEVISION FR~ANCHISE
A. No cable television franchise or renewal thereof shall be issued except
upon a ~ritten applicatio~n which shall set forth such facts in detail as the
Board m~y deem appropriaue after public notice as herin provided has been
~given tl~erefore, including:
1. If the applicant is an' individual, part~'.~ership, or unincorporated
association, its application shall contain the names and addresses of all persons
(includilng comporations) having a propriety or equitable interest in and to
the pros[pective franchisee's business operation, and in and to the prospective
franchise if awarded to the applicant. The term "equitable interest" shall include
all assignments for value, as well as all contingent assignments of any right or
.privileqe under the prospective franchise, and shall also include any benefit,
payment,i or emolument whatsoever resulting from the grant of a franchise under
this ordinance.
i2. If the applicant is a non-public corporation, its application shall
furnish? additionally, the names and addresses of the officers, directors, and
shareholders of the said corporation, together with the number of shares held
!!by each ishareholder.
13. If the applicant is a publicly held corporation (i.e., more than 50
stockholders), its application shall set forth the state in which the applicant
is incorporated and/or qualified to do business and the names and addresses of
the officers, directors, and five percent or greater stockholders of the corporation.
i4. If another corporation owns fifty percent or more of the applicant's
outstanding
information required by subparagraph 2 or
capital stock, the same 3
of this !paragraph, whichever is applicable, shall be provided for any such
corporation.
i5. The application shall set forth full disclosure of the ownership of
the faciilities to be used in rendering the service.
~. The application shall specify the sources of funds to be relied upon
by the ~plicant for the installation and maintenance of all cable television
facilities.
i7. The application shall set forth a schedule of the rates to be charged
subscri]~rs for installation of equipment and reqular subscriber services~ the
facilit~s to be employed and the general routes of the cables used in redistrib-
uting signals, the service area or areas, the proposed commencement and completion
dates o~i construction of the cable television system and the proposed ~]ates the
servicesl will be available to the area or areas named.
B. The Board may request such other information as it may deem appropriste.
C. i All applications shall be available for public inspection and shall be
kept on ~ile a reasonable length of time at the discretion of the Board. Any
intentional misrepresentation in an application shall be grounds for its
rejectioh or for termination of %he franchise.
..SECTION 5. Ft~NCHISE PAY~ENTS
A. iThe Grantee shall pay to the County as hereinafter Drovided a 3%
franch~s~ fee based on gross subscriber revenues received fo~ cable television
operations in the County for the preceding calendar year. ~o other fee,
charge or consideration shall be imposed. Grantee shall file with the County
within s~xty (60) days after the expiration of eack calendar year ~uring the
period the frsnchsie shall be in force a financial statement showing in detain
the gros~ subscriber re~eneus of Grantee durin~ the preceding year. It skall
be the d~tv of the Grantee to pay'to the County at the 'time for filin~ such
statment~t~e sum hereinabove Prescribed. ~
B.ilThe County shall have the right to inspect, a Grantee's~ records showing
the gros~ subscriber revenues from which its franchise payments are computed
and shal! have the right of audit end recomputation of any and all amounts
paid under tile franchise.
~EC~ION 6. INSURANCE
At all times during the term of 'the franchise, Grantee shall obtain, pay
~ all premiums for and file ~ith the County executed duplicate copies and receipts
~videncihg the payment of premiums for a general comprehensive public liability
lnsuranc~ policy indemify, defending and saving harmless the County, its officers,
~%rds, ~ommissions, agents, or employees, from any and all claims by any person
tsoev~r on account of injury to or death of a p~rson or persons occasioned
by the o~erations of a Grantee under any franchise granted hereunder or alleged
to have peen so caused, with a minimum iiability of $100,000 for personal injury
o{ death~of any one person, $300,000 for personal injury and death in any one
smngle a~cident, and $50,000 property damage for any one single accident. ' The
ii foregoin~ insurance contract shall require thirty (30) days written notice of
any cancellatiOn to both the County and Grantee, and a copy of said policy shall
be filediwith the County.
Grantee shall maintain and by its acceptance of the franchise specifically
ilagrees tha~' it will maintain throughout the term of the franchise a faithful
license and franchise bond running in favor of the County, written
Iperformanc~
!i~y an appr(ved corporate surety in the penal sum of $5,000 conditioned that
Grantee sh~ 11 well and truly observe, fulfill and perform each term and condition
'lof the frs! chise and that in case of any breach of condition of the bond, the
!tamount thereof shall be recoverable from the principal and sureties thereof
.for all dar ages resulting from the failure of Grantee to well and faithfully
iobserve an( perform any provision of the franchise. Grantee shall pay all premiums
chargeable Eor the bond and shall keep the same in force and effect at all times
iithroughout~the term of the franchise. The bond shall contain a provision that
ilit shall n~t be terminated or otherwise allowed to expire prior to thirty (30)
idays after, written notice to that effect is given to the County and Grantee.
!The bond shall be in a form satisfactory to the County and a duplicate copy of
iiit, along ~ith written evidence of payment of the required premiums shall be
!ifiled
with[the County during the term of the franchise.
SECTION 8. BOOKS AND RECORDS OF GRANTEE
A. G~ antee shall file with the County Engineer a copy, true and accurate,
lief maps an~ /or plats of all existing and proposed installations upon the streets.
iThese maps and plats shall conform to the requirements of the County Engineer
!land shall .e kept continuously up to date.
~ B. A 1 books and records of Grantee concerning its operations within the
i!County sha. 1 be made available for inspection and audit by the Board or its
ildesignate ',ithin thirty (30) days after any request for such inspection or
audit shall be made.
C. C~ipies of all rules, regulations, terms and conditions established
by Grantee for the operation of its cable television system under the franchise
shall be filed with the County and at the local office of Grantee.
SECTI~ N 9. RATES
A. B" its award of the Franchise, the Board approves the initial subscriber
rates of Gi'antee as set forth in its application to the County for a cable
television franchise.
B. N, increase in rates charged to subscribers by Grantee shall be made
except as ~uthorized by the Board after an appropriate public hearing affording
~ldue proces, as prescribed by Section 21 hereof.
SECTI~ N 10. USES PERMITTED BY GRANTEE
~ Grant.~e shall be authorized and permitted to engage in the business of
iloperating [nd providing a cable television system in the County, and for that
i!purpose to!erect, install, construct, repair, replace, reconstruct, maintain,
retain in.ion, over, under, upon, across and along any public street, such
ilpoles, wires, cable, conductors, ducts, conduit vaults, manholes, amplifiers,
iiappliances~ attachments and other property as may be necessary and appurtenant
?to the cable television system. In addition, Grantee may neootiate for the
iiuse, opera~ion and provision of similar facilities of properties rented or leased
ilfrom other~persons, firms or corporations, including but not limited to any
~public uti$ity or other grantge franchised or permitted to do business in the County.
SECTI~
A. A
erected by
interferen.
with the r
said stree
~comp!iance
and shall
,Nil. CONDITIONS OF STREET OCCUPANCY
1 transmissions and distribution structures, lines and equipment
Grantee within the County shall be so located as to cause minimum
~e with the proper use of streets, and to cause minimum interference
ghts and reasonable convenience of property owners who join any of
s. The cable television system shell be constructed and operated in
with all adopted County and national construction and electrical codes
.e kept current with new codes.
~i!any B. Wii. enever the County shall require the relocation or re-installation of
proper~y of Grantee in any of the streets of the County, it shall be the
!'obligation of a Grantee upon notice of such req. uiremen't to imr~edia%ely remove
~and reloca~te or reinstall such propert~ as may be reasonably necessary to meet
'the requirSments of the County. Such relocation, removal or reinst~_llation by
Grantee sh~.ll be st the sole cost of Grantee.
C. G~antee shall have the authority to trim trees over-hanging' the streets
;of the Cou.~ty so as to prevent the branches of such trees from coming in contact
with Grantee's wires and cables. All trimr~inc~ shall be done under the supervision
and direction of the County anti at the e~[pense of Grantee.
at its own
replace an(
i nvo 1 vi ng
SECTI(
shall proc
which are l
any necess
and any ct
regulatory
systems ori
case of disturbance of any street caused by Gr8ntee, Grantee shall
cost and expense and in a manner approved by t?~e County Engineer
restore such street in as good a condition as before the work
uch disturbance was done.
N 12. INITIAL S¥STE~ INSTALLATIO~ SCt-IEDULE
thin ninety (90) days after the acceptance of the franchise, Grantee
:ed with due diligence to obtain all necessary permits and authorizations~
equired in the conduct of its business, including but not limited to
~ry utility joint use attachment agreements, microwave carrier licenses
~er permits, licenses, and authorizations issued by duly constituted
agencies having jurisdiction over ~ne opera%ion of cable television
their associated microwave transmission facilities.
B. %]e Grantee shall, within one (1) year :from the date the FCC certifies
iGrantee's ~ompliance with its Ilules and Regulations governing cable television
ioperations in and for the County, extend energized trunk cable to serve a minimum
of 20% of zhe County's population and shall extend energized trunk cable to an
i!additional 20% of the County's residents each year for the next four (4) years
ithereafter unless additional 20% of the County's residents year for the next
ilfour (4) y~ars thereafter unless additional 'time is granted by the Board upon
request by Grantee for cause shown.
SECT] >N 13. PROVISION OF TELEVISION BROADCAST.
SIGNAJS A Grantee shall provide such signals of television broadcast
stations a~ it is authorized to carry by the FCC.
SECTI)N 14. PROVISION OF ORIGINATION CABLECASTING
At su:h time as a Grantee's cable television system shall have 31500 or
i
ilmore subsc ibers or at such earlier time as the Grantee may desire, said system
?shall operLte to a significant extent as a local outlet by origination cable-
ilcasting an shall have available facilities for local production and presentation
~iof program other than automated services.
SECTI, N 15. MINIMUM CHA~NEL CAPACITY AND PROVISION OF ACCESS CHANNELS
A. G 'antee's cable television system will operate with at least 20 channel
iicapacity.
B. G~antee's cable television system will be capable of providing band-
width for ~onbroadcast uses equivalent to the bandwidth used for broadcast
~ipurposes.
~!i~ C. G~antee's cable television system shall have technical capacity to enable
!it to provide nonvoice return communications upon installation of ~dditional equip-
~iment not r~quiring rewiring of the cable television system.
D. G~antee's cable television system shall maintain at least one specially
i!designated noncommercial public access channel available on a firs-come,non-
~!discrimina-ory basis. The system shall maintain and have available for public
?use the mi]imal equipment and facilities necessary for the production of program-
i:ming for s~ch a channel. One such channel will be made available without charge,'
ilexcept tha~ production costs may be assessed for liv~ studio presentations
~exceeding ~ ve minutes. Such production costs and any fees for use of other
ilpublic acc(ss channels shall be consistent with the goal of affording the public
~ia lo,cost eans of television access.
E. G
~access cha
!~made avail.
service in
trunk line
F. G~
i access char
without cha
~C
ounty untj
G. Gi
capacity fc
i shall be gi
H. Wh
'!this Sectic
~.80 percent
tive weeks,
ichannel cap
!iwith then a
~a new acces
~channels ar
SECTIC
A. Gr
i:ments of Se,
i~requirement~
B. Th,
technical s'
FCC,s Rules
SECTIOI
The fr~
[without the
SECTIO~
antee's cable television system shall maintain a specially designated
nel for use by local educational authorities. This channel shall be
ble without charge from the time of commencement of cable television
the County until five years after completion of the system's basic
antee's cable television system shall maintain a specially designated
nel for local government use. This channel shall be made available
rge from the time of commencement of cable television service in the
five years after completion of the system's basic trunk line.
~ntee's cable television system shall offer its excess channel
leased access services, and on one of the leased channels, priority
~en to part-time users.
~never all of the channels described in paragraphs D, E, F and G of
% are in use during 80 per cent of the weekdays (Monday-Friday) for
)f the time during any consecutive three-hour period for six consecu-
Grantee's cable television system shall, within the limits of its
~city specified in paragraphs A and B of this section and if consistent
)plicable FCC rules and regulations, have six months in which to make
channel available for any or all of the purposes for which said
designated.
16. TECHNICAL STANDARDS
.ntee shall conduct performance tests in accordance with ~e require-
[tion 76.601 or any successor section of the FCC's Rules as these
may apply from time to time. '
performance of Grantee,s cable television system shall meet the
andards set forth in Section 76.605 or any successor sec%ion of the
as those standards may apply from time to time.
17. RESTRICTIONS AGAINST ASSIG~ME~T
nchise shall not be assigned or control of Grantee transferred
consent of the Board.
18. PREFERENTIAL OR DISCRI~iNATO~f%y Pi~CTICES PROHIBITED
~ A Gran~ee shall not as to rates, charc~es, service facilities, rules, recula-
tlons or anl{ other respect ~?,ake or grant any undue ]~reference or a.'f?anta~e to
any person dr subject any person to any undue prejuiiice o~ ~}is~dT~tage, provic3ed,
:ho~ver, co~n.e, ctlon .and service charges may ~e ~^~aiveci or [uo~f~e~ c,~rin? promotional
caraDaigns o~ f~rantee [ ~
~i SECTIC 19. COMPETITION IN RELATED FIELDS PROHIBITED
ii A Gran~ee, its agents, servants and employees, shall not engage in the sale,
!lease or relt or in the maintenance, service and repairing of televisions,or radios
ileither dire ~tly or indirectly to its customers ~;hether for profit or otherwise.
SECTIO 20. REVOCATION OF FRANCHISE
A. In addition to all of the rights and powers reserved or pertaining to
ilthe County, the County reserves as an additional, separate and distinct power
the right t terminate the franchise and all rights and privileges of a Grantee
ihereunder i any of the following events or for any of the follow, lng reasons:
1. A grantee shall by act or ommission violate any material term or
~icondition o [ this Ordinance, and, within thirtv (30) days follwoing written
iidemand by t ~e County shall fail to effect co~pliance. -
~ 2. A grantee becomes insolvent, unable, or unwilling to pay its debts
iior is adjud ed a bankrupt.
? B. Gr ntee shall not be declared in default or be subject to any sanction
~iunder any p ~ovision of this ordinance in any case in which performance of any such
!provision i prevented for reasons beyond its control.
SECTIO~ 21. PROCEDURES
i A. An~ inquiry, proceeding, investigation or other action to be taken or
~roposed to 3e taken by the Board in regard to Grantee's cable television system
!~hall be tar en only after public notice of such action or proposed action is
~ublished i~ a local daily or weekly newspaper having general circulation in the
~ounty, as ~ ~ovided by law for passing ordinances.
B. Th~ public notice required by t~is section shall state clearly the
~roposed act:on to be taken, the time provided for response and the person or
~ersons in a~thority to whom such responses should be addressed, and such
6ther proced ares as may be specified by the Board, including a hearing when an
~ncrease in ~ubscriber rates is involved. If a hearing is to be held, the public
~otice shall
~articipatio
~ay be obtai
SECTION
!i A.. Gr~
ii~he investi¢
i~ervice, eq{
lis not reso[
i~ontain: (
iSystem agai
~pon which
i~fforts to
ithe Board or
ay be presc
[o the compl
~ation of th
~hecomplain
~aised by th
SECTION
.i Anv mod
~he rulLs an
~s part of a
~mendment ma.
~mendments h
~ate of the ~
~ccurs first
SECTIO~
i. If any
~or any teas
[~ourt ~f corn
~alidity of
~ould have p
~r phrases b~
any portion
dther consid ~
~ranchise gte
SECTION
~ Any frar
~y written ac
~r. Horner
~}~[r. ~4yers,
~is adopted.
give the date and time of such hearing, the nature of the public
% which will be allowed the procedures by which such participation
~ed. Grantee shall be a necessary party to any such hearing.
22. iNVESTIGATION AND RESOLUTION OF COMPLAINTS
ntee shall maintain a local business office or agent in the County for
ation and resolution of al3. complaints regarding the quality of
ipment malfunctions, and similar matters.
the event that a complaint or dispute about cable television service
~ed by Grantee, it may be submitted to the Board in writing and shall
) the name and address of the complainant: (2) 'the name of the cable
~t which the complaint is made: and (3) a complete statement of facts
~e complaint is based and (4) a description of the complainant's
~solve the complaint with Grantee. Upon receipt of any complaint,
its designee will forward a copy to Grantee. Within such time as
~ibed by the Board, Grantee may file a written statement in response
~int. The Board shall then have the power 'to make any further investi-
complaint it deems desirable to conduct a public hearing on the
if it deems such hearing to be desirable and to resolve the issues
complaint. '
23. MODIFICATION OF FCC RULES
.fication or amendment of Section 76.31 or any successor section of
regulations ofthe FCC shall, to the extent applicable, be considered
franchise granted pursuant hereto as of the effective date of the
by the FCC and shall be incorporated in this ordinance by specific
~reto by action of the Board within one (1) year from the effective
CC's amendment or at the time of renewal of this franchise, whichever
24. SEVE~BILiTY
ection, subsection, sentence, clause or phrase of this ordinance is
n held illegal, invaii¢] or unconstitutional by the decision of anv
etent jurisdiction or the FCC, such decision shall not affect the~
he remaining portions hereof. The Board hereby declares that it
ssed this Ordinance and each section, subsection, sentence, c!auses~
declared iliad'a!, invalid or unconstitutional. The invalidity of
f this Ordinance sba!l not abate, reduce or ot~erwise affec~ any
ration or obligation required of the County of tl~e Grantee of Shy
nted hereunder. ~ ~ ~
25. kCCEPTANCE
zhise granted pursuant to this Ordinance shall be accepted by Grantee
cnowledgement filed with ~h~ Board of its desig-nee not later than
5ys after the effective date of the grant of the franchise.
0stains from votincj
~. Apperson 1,ir. t(repela and Hr. O'N~.ill vote kv~ and th~-~ ordinance
The zonmng
Mr. L. Par
of which c
Mr. ~;allac
:states tha
and and wi
50 lots an
After much
by Mr. Mye
changed to
with the p
Ayes: Mr.
Mrs. Joyce
the Scienc
the Richmo
In order t
locally an
sum of mon
Dr. Knappe
particular
i'After cons
by Mr. My(
Ayes: Mr.
On motion
of changes
the Ptanni
Ayes: Mr
Mrs. Meld
changes in
changes af
On motion
be delayed
Ayes: Mr.
The Board
'~,Reconvenil
i1973-, 74
of the bud
'.of the bud
-rise in as
~Mr. R.
Mr. James
lhe receive
~that if ts
:[be helped.
.'Mr. Burner
,iThe answez
Mr. Peyton
~ithey shoul
ishould try
~iMr. J. Roy
ilagri cul tut
iT4r. Mike E
[of various
Mr. 0 ' Nei 1
present pe
~r. Hornet
progressiv
~t the req
Matoaca Di
Mr. Myers
~was reare~
There was
of 73-33 involving the Braemar Land Company is called for discussion.
s presented a compromise which is explained by Mr. Max Case a copy
~mprise alternates is filed with the papers of this Board.
LaPra¢~e states that he has had 'this area of the land surveyed and
the road system will work~ there are 144 lots in 'the Braemar property
h 'the same density that he is using in Bexley there would be only
wants the same c~uality homes to be built on the subject property.
discussion of th~'s matter, it is on motion of Mr. Hornet, seconded
;s, resolved that the above described property be and it hereby is
R-1 zoning i~] accordance with a plan mutually agreed on and filed
~pers of 'this Board.
Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill.
Nelson presents Dr. Roscoe Hughes from the Board of Trustees of
~ Museum of Virginia. who outlines the progra~a for a Science Museum in
~d area and states that the project should be completed by January 1976.
~at the necessary planning be accomplished, $94,000.00 must be raised
] requested Chesterfield to donate approximately $15,000 toward this
~y.
~berger, an Astronomer, describes the construction of a Science Museum,
ty to a planetarium.
~deration of this matter, it is on motion of Mr. Apperson, seconded
~s, resolved that action on this request be deferred for further study.
Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill.
)f Mr. Apperson, seconded by Mr. Myers, it is resolved -that a number
to the Zoning map and two changes to the Zoning Code be submitted to
~g CommiSsion for its recommendation.
Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O~Neill.
]m and the Electoral Board come before 'the Board presenting certain
Precincts in the northern end of the County, particularly as the
[ect the Third and Fifth Congressional Districts.
)f Mr. Myers, seconded by Mr. Krepela, it is resolved that~is matter
until the proper resolutions be drawn and approved.
Horner, Mr. Myers, Mr. Apperson, Mr. Krepels and Mr. O'Neill.
:ecesses for dinner at 6:00 P.M.
~ at 7:00 P.M. - The Chairman calls the meeting to order to discuss the
~dget. The ExeCutive Secretary briefly describe the salient features
;et. No one in the audience wished to speak concerning the expenditures
~et; however, several people stated they wished to oppose the sharp
~essments on property, particularly in Matoaca District.
300,~.
~nn, Jr. describes a raise in land value at approximately °~
)yson states that all of his neighbors were asked to be here; however,
~ a reduction but complains now for his neighbors. He states further
~es go up more farmers will have to sell their land and farmers should
t asked Mr. Dyson~if he would sell his land for 'the appraised price?
was generally that the land was not for sale.
Goodall states that he had a reduction in assessment; however,
not tax people who are trying to earn a living from the farm and
to economize.
~11 Robertson states that the highest use of the land is pushing out
[ko, Jr., Mr. G. Watson, Mr. J. E. Walters and Mr. Pell cite increases
percentages.
states that no one minds a moderate increase in assessment but the
~centages of increase are too great.
states that it will not hurt the County to incfease the amo~nts
~ly, that people cannot budget a 300 or 400% increase in taxes.
lest of Mr. O'Neill, approximately 50 persons stand, mostly from
~trict in general opposition to the high assessments.
~tates that he is looking at each problem presented to him, that he
on a farm, that some farms have increased in value greatly.
?cad a list of the Board of Equalization by districts.
Mr. Arthur Johnson, from Chester, Virginia, cites to the Board many and varied
reasons to support economy in government.
CUpon consJ eration whereof and on motion of Mr. Apperson, seconded by Mr. Myers,
it is res(lved that the following tax levies be and they hereby are adopted:
which levi
ii levies for
i~ Bermuda Mt
ii Clover Hi~
ii Dale Magi~
~ Matoaca M~
Aves: Mr
!On a disc
i is please(
'~ Supervi so
!iMr. Myers
ii Press will
!Mr. O,Nei[
Mr. Krepe
IMf. Horne~
~of high a~
Upon cons:
it is res{
year endiI
!6, t973
budget.
NO %{,
County, V
~on April [
~fiscal ye~
purposes
*~ vo~e be
Ayes: Mr
On motion
;recommend ~
~to the de~
~[sewer lin~
'3~ye s: Mr
h n motion
~change or~
~depth of
~kyes: Mr
~pn motion
~agreement
~a%ed Mar{
~yes: Mr.
'.bn motion
~%ppro yes ·
~d justmen-
~,es: Mr
}th
~yes: Mr
es are for the year 1973 on each $100 assessed and liable for such
· the purpose of meeting the requirements of the County budget to-wit:
~isteria! District
! Magisterial District
terial District
gisterial District
Magisterial District
Real Personal
Estate Property ~.
$3.10 $3.40 65¢
3.10 3.40 65¢
3.10 3.40 65¢
3.10 3.40 65¢
3.10 3.40 65¢
Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill.
ssion of the County budget for 1973-'74, Mr. Apperson states that he
with the cooperation evidenced in this budget between the Board of
s and the School Board.
states that he has enjoyed working on this budget and hopes that the
giwe Chesterfield Equal coverage.
1 states that be is going to vote for the .... ?~ud~et~ .... but ~Dro .~s strong].v. ~
~_ise in assessmenu in his diestrict.
a thanks ail of the o~.fz~.~ls for a part in the budget ma~ng process.
states that there are a lot of unhappy people in the County because
sessments on fsrn and timber lands.
deration whereof, and on motion of l, lr. Apperson, seconc~eC' by l~[r. Krepela,
ired that:
AS, a tentative buc~get in the amount of $~8,460,503.00 ~ ~ the fiscal
g June 30, ].973 was advertised in the }~lichmo¥~d-Times Dispetci'~ on April
nd April 25, 1973 was set as the ~at~ of the oublic hearir, g on said
THEREFORE, BE IT RESOLVED, that ~is Board of Supervisors of Chesterfield
rginia, held public hearings in accordance with th~ resolution! passed
6, 1973 for the informative purposes on a contemplated budget for the
r 1973-'74. This budget is for informative and fiscal planning
nd it is not approved, adopted or ratified by the Board of Supervisors.
ng taken on the resolution -
Horner, Mr. Myers, Mr. Apperson, l,ir. I{repela and Mr. O'Neill.
of Mr. Krepeta, seconded by Mr. Apperson, it is resolved ttlat on the
tion of the County Engineer, six (6) sewer coDnections be guaranteed
eloper of Devenwood Subdivision which lots are presently served by
S.
Horner, Mr. Myers Mr. Apperson, Mr. ¢.,repel,:. and },ir. O'Neill
r, County Engineer states that installing sewer service lines to all
ors in a subdivision is ql[ite expensive and the policy should be revised.
of Mr. Krepela, seconded by Mr. kpperson, it is resolved that tbs
er on contract 70-32-1 in the amount of $5,020.00 for increasing the
ewer line be and it hereby is approved.
Homer, Mr. Myers, Mr. Apperson, Mr. Krepe!a and Mr. O'Neill.
~f Mr. Horner, seconded by Mr. Apperson, it is resolved that the
for engineering services with Bremner, ¥oungblood and Sharp, Inc.
h ]..5, 1970, be and it hereby is approved.
Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill.
Mr. Apperson, seconded by Mr. Myers, it is resolved tibet this Board
:~e agreement with the Highway Department for the installation and
of sewerage facilities on Project 0288-020-!05.
Hornet, Mr. Myers, Mr. Apperson, Mr. Krepela and mr. O'Neill.
~f Mr. Krepela, seconded by Mr. Apperson, it is resolved that this
prizes the release and vacation of a sewer easement on Project 7032-1/37
nderstanding that a suitable easement is given in place of the one vacated~
Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill.
!iOn motion.
ii~ extenuatin,
?.Road, that
!!On motion ~
$19,500.00
and the re
Ayes: Mr.
On motion~
of $814.00
Ayes: Mr.
On motion
be appropr:
,f Mr. Horner, seconded by Mr. Apperson, it is resolved that due to
circumstances on the notice of the availability of sewers on Heppel
the rate charged be$200.00 per connection.
f Mr. Apperson, seconded by Mr. Myers, it is resolved that the sum of
be appropriated from the unappropriated surplus of the General Fund to -
11-064-217.0 Telephone
11-064-323.0 Materials & Supplies
11-064-325.0 Clothing
11-064-403.0 Furniture & Fixtures
11-064-405.0 Office Equipment
11-064-499.01 Misc. Equipment
'enue fund be increased $19,500.00
$385.00
850.00
3,870.00
11,370.00
1,125.00
1,900.00
Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill.
f Mr. Apperson, seconded by Mr. Myers, it is resolved that the sum
be transferred from 13-185-211 to 13-185-215.1 in the Library budget.
Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill
f Mr. Apperson, seconded by Mr. Myers, it is resolved.that $4,638,843.00
ated for the month of May, 1973 to the following categories:
Fund Number
11
13
14
15
17
21
22
31
41
48
6O
61
62
63
64
66
7O
71
72
73
Ayes: Mr.
On motion o
Revenue Acc
amount be a
Chapter 10-
Ayes: Mr.
On motion o
$800.00 be
Sites for t
Ayes: Mr.
~On motion o
of Mr. H. B
amount of $
half of thi
Ayes: Mr.
On motion o
Variance be
,Lo~s 36, 37
Health Depal
the County
'Oakland Av~
.Ayes: Mr.
on motion o
be granted
on a privat
Name Amount
General Fund
Library
Law Library
Roads
County Garage
Welfare Fund
Nursing Home
Ettrick Sanitary District
School Operating
Bond Money - Schools
Water Revenue
Water Operating
Water Debt
Water Impr., Repl., & Ext.
Water Construction
Meter Installation
Sewer Revenue
Sewer Operating
Sewer Debt
Sewer Impr., Rept. & Ext.
$1,559,064
35,000
00
10,000
6,077
104,400
66,700
3,000
1,948,232
10,000
180,000
70,270
00
200,000
00
200,000
10,000
36,100
00
200,~007
Grand Total
$4,638,843
{orner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill.
Mr. O'Neill, seconded by Mr. Apperson, it is resolved that the
)unt 51-000-671 - Federal Grant, be increased $2,450.00 and a like
)propriated from the Fund balance to 51-185-299, the same being
4ental Health Fund.
{orner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill.
! Mr. Apperson, seconded by Mr. Myers, it is ~esolved that the sum of
~ppropriated from the Fund balance to 51-185-600.1 - Improvement to
~e installation of a fence at Camp Baker.
[orner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill.
Mr. Apperson, seconded by Mr. Myers, it is resolved that the request
Walker, Commissioner of the Revenue, for additional postage in the
21.00, be and it hereby is approved provided the State will pay one-
cost. '
0rner, Mr. Myers, Mr. Krepela and Mr. O'Neill.
Mr. O'Neill, seconded by M~. Apperson, it is resolved that a
granted to Mr. C. G. Thigpen for the construction of a dwelling on
and 38, fronting on the east line of Oakland Avenue, subject to the
tment,s approval of adequate utilities with 'the understanding that
f Chesterfield has no obligation or responisbility to improve
.ue in this area.
orner, Mr. Myers, Mr. Apperson, Mr. Krepela and ~.ir. O'Neill.
Mr. O'Ne'--
1±±, seconded by i.ir. kpperson, it is resolvec] that a Variance
o Mr. William. M. Eason, who proposes tc sell two (2) acres of land
road for a dwelling which will be south and west of i%usswood Lane.
This
this Boar
Gumfork P
Farms, Se
Upon
that Gumf
in C!ov~
hereby/~
And
requested
section w
fork Plac
with Deer
beginning
westwardl
mi. to it
Poly Plac
a cul-d e-
we s twa rd 1
with Gumf
Arid
to the Vi
these res
Ayes: Mr
There wa
of Route
study of
On motio
followin
Wa 1 ter
Rt. 2,
Che s te
Larry
4939 Sne
Richmond
Charl,
4612 E
Richmo
John
6632
Richmo
Richar
Route
Cheste
Ayes:
On motio
Honorabl
Council
Ayes: M
On motio
member o
Ayes: M
On motio
Board ac
dated AD
Industri
of $10,0
Be it Fu
Court of
sale of
the Chai
and suff
Ayes:
day the County Road Engineer, ii1 accordance with directions from
I, made report in writing upon his examination of Gumfork Road,
.ace, Morley Road, Poly Place and Deerpark Drive in Clover Hill
~tion F in CloverHi!l Magisterial District.
consideration whereof, and on motion of Mr. Horner, it is resolved
~rk Road, Gumfork Place, Morley Road, Poly Place and Deerpark Drive
Hill Farms, Section F in Clover Hill Magisterial District be and they
[ablished as public road.
)e it hereby resolved that the Virginia Department Highways is
to take into the Secondary System, Gumfork Road from its inter-
th Deerpark Drive northerly 0.14 mi. to its intersectJ.'~n with Gum-
Morley Road, beginning at a point 0.04 mi. south of its intersection
,ark Drive northerly 0.12 mi. to a cul-de-sac; Deerpark Drive
at a point 0.08 mi. east of its intersection with Morley Road
0.10 to its intersection with Gumfork Road thence westwardly 0.14
intersection with Poly Place thence 0.05 mi. to a cul-de-sac[
from its intersection with Deerpark Drive northwardly 0.06 mi. to
ac; Gumfork Blace beginning at its intersection with Gumfork Road
0.05 mi. to a cul-de-sac then 0.05 mi. east of its intersection
rk Road to a cul.-de-sac. These roads serve 24 houses.
e it further resolved, that the Board of Supervisors guarantees
~ginia Department of Highways a 50 ft. right-of-way fOr each of
~s. Plat recorded in Plat 19, pages 98-99, recorded January 2, 1973.
Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill.
read a letter from the Highway Department concerning the relocation
147 and the establishment of an Advisory Committee to aid in the
the 1-95 corridor.
of Mr. Apperson, seconded by Mr. Myers, it is resolved that the
erroneous claims be and they hereby are approved for payment:
D. Hewlett 1972 Pers. Pro. bill $34.63
Box 947
~, Virginia
{. Craze Trailer Fee 25.00
~d Road
Virginia
~ F. Booth, Jr. 1973 Co. motor vehicle 20.00
,person Avenue license stickers
~d, Virginia
Lorraine, Jr. 1973 Co. motor vehicle 20.00
~lmsley Blvd. stickers
id, Virginia
Brown, Jr. 2-1973 County motor 25.00
~, Box 25 C Vehicle licenses
rfie!d, Virginia
3. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill.
of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that the
D. W. Murphey, Judge, be, and he hereby is appointed to the
f Drug Abuse Control (CODAC)
?.Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill i
of Mr. Apperson, seconded by Mr. Krepela, it is resolved that each
the Probation Department be granted a one-step increase by June 1,1973..
.Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill.
~ of Mr. O'Neill, seconded by Mr. Myers, it is resolved that this
~epts the offer of George O. Grats, Inc. set forth, in its proposal
~il 19, 1973, to purchase 1.3-acres of land at the Chesterfield Airport
~1 Park, upon the terms and conditions therein for the purchase price
)0.00 per acre.
~ther Resolved, that the Commonwealth's Attorney petition the Circuit
Chesterifield County, Virginia for approval and ratification of this
land by the County to George O. Gratz, Inc. and on such approval
~man and Clerk are hereby authorized and directed to execute a good
.cient deed therefor.
~. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill.
~. Krepela abstains.
The Chai ?man appoints tile same commi±tees for the year 1973 that served in
said caF ~cities for the year 1972.
Ti
R
f
ti
S(
iO
e County Administrator brought to the Beard's attentioD the request of the
chmond Symphony and the second request of the Children's Home Society of Virgini@
r appropriations to finance services rendered by each concern to the citizens
Chesterfield, which matter is deferred for furtNer study.
mo%ion of Mr. Apperson, seconded by Nr..~?iyers, it is resolw~d that this
ard go into Executive Session.
convening: It is on motion of Nr. Homer, seconded by Nr. Myers, resolved
at this Board request the cost of and need for blinking lights near the Gill's
hog 1.
es: }4r. Horner, Nr. Myers, }.ir. kpperson and Hr. O'Neill.
motion of Hr. Apperson, seconded by Nr. O'Neill, it is resolve~ that this
eting be adjourned at 1.0:3(}. P.~. to 7:~_~ P.~.i. on Nay 2, .~9/._.~ -~
Sect tary
Chairman