11-22-1978 MinutesBOARD OF SUPERVISORS
~%INUTES
November 22, 1978
Supervisors Present:
Mr. E. Merlin O'Neill, Sr., Chairman
Mrs. Joan Girone, Vice Chairman
Mr. J. Ruff in Apperson
Mr. Co Lo Bookman
Mr. Nicholas M.' Meiszer
County Administrator
Staff Present:
Mr. Bruce Ki~le, Asst. Co. Attorney
Mr,. Dean Martin, Nursing Home Admin.
Mr. Steve Micas, County Attormmy
Mr. Robert Painter, Utilities Dir.
Supervisors Absent:
Mr. R. Garland Dodd
Mrs. Girone called the meeting to order at the Courthouse in
the absence of the Chairman at 9:15 a.m. (EST)
Mr. Apperson gave the invocation.
Mrs. Girone stated that the Board authorized a day care study
and provided $7,000 to pay for its cost. She stated that
the Committee has completed its data collection but its findings
and conclusionhave not yet been written and they are not
ready to come before the Board at this time. However, they
have been requested by various County departments to make the
data aVailable. The Board generally ~reed that this data
could be made available to the County departments.
it was generally agreed to defer approval of the minutes until
where 'the money would come from to pay the County's share of
the Library Participation Agreement was decided. Mrs. Girone
stated the minutes indicate that it would come fromtheContin~encvAccount
and she had-remembered Mrs. Knoop to say when this was discussed
that additional monies had been received from the State and
that would take care of it.
On motion of Mrs. Girone, seconded by Mr. Bookman, the Board
approved and authorized the County Administrator to execute the
following water contracts:
6(7)8295 Smoketree, Section "C"
Developer: Midlothian Development Corporation
Contractor: Stamie E. Lyttle Company, Inc.
Est. Contract Cost: $33,061.20
Est. County Cost: $ 4,468.50 Refund through connections
Code: 366-1-11684-7221
6(7)8305 Ramsgate
Developer: Brookwood Corporation
Contractor: Central Builders, Inc.
Est. Contract Cost: $120,139.50
Est. County Cost: $ 24,281.60 Refund through connections
Code: 366-1-11684-7221
Vote: Unanimous
Mr. Apperson questioned how the new numbering system operated.
Mr. Birdsong explained briefly and stated he could give the
Board a copy of the codes.
78-417
o
II. &
III.
(b)
VII.
On motion of Mr. Apperson, seconded by Mr. Bookman, the Board
approved and authorized the County Administrator to execute
Water Contract 6(7)8192 for the extension to serve Philip Morris
awarded and authorized the County Administrator to execute
Contract 6(7)8182, water line~ extension along Bermuda Hundred
and Allied Chemical Roads,to Richard L. Crowder Construction
ompany in the amount of $405,137.00; and further appropriated
415,367.00 from 364-1-00640-000 to 380-1-68182-4393.
Vote: Unanimous
On motion of Mr. Bookman, seconded by Mr. Apperson, the Board
approved and authorized the County Administrator to execute
the following sewer contract:
7(7)8802 Queensmill Offsite
Developer: Queensmill Corporation
Contractor: R. M. C. Contractors, Inc.
Est. Contract Cost: $284,114,10
Est. County Cost: $263,048.45 Refund through connections
Code: 573-1-11781-7221
Vote: Unanimous
Mr. Painter stated the developers of Queensmill have requested
that the County make a cash rebate of one-half the cost of the
off-site sewer with remaining amount to be refunded over a
15 year period. He stated the contract as written provides
for refunds from connection fees collected for the off-site
construction in the amount of $263,048.45 with a 15 year refund
period. Mr. Bookman suggested that the off-site be separated
from the on-site and perhaps we could refund in cash the on-site
and only have the off-site to pay as refunds from connections.
He inquired if additic~alOff-site cor~ectiomscould be investigatedfurther.
After further discussion of the matter, it was on motion of
Mrs. Girone, seconded by Mr. Apperson, resolved that this matter
be deferred until December 13, 1978.
Vote: Unanimous
The Board acknowledged receipt of the report on the status of
the Bermuda and Dale Escrow Accounts.
On motion of Mr. Bookman, seconded by Mr. Apperson, the Board
approved the request from Windsor Industries for $3,000 additional
costs to be refunded to them from Haverty Furniture Company's
connection fee because of the Highway Department's requirement
that Branchway Road be bored which total construction cost is
$16,977.11 and total refunds is $12,600. (Windsor Executive Off-site)
Vote: Unanimous
Mr. Meiszer stated this time and date had been set for a public
hearing regarding an ordinance to vacate a portion'of Rothmoor
Road in Wentworth Home Sites Subdivision. There being no one
present, it was on motion of Mr. Apperson, seconded by Mr. Bookma~
resolved that the following ordinance be adopted:
An Ordinance to vacate a portion of Rothmoor Road in the
Wentworth Home Sites Subdivision, Dale Magisterial District,
Chesterfield County, which portion is fifty (50) feet in
width and two hundred and ninety (290) feet in length, as
shown on.plat thereof duly recorded in the Clerk's Office
of the Circuit Court of Chesterfield County in Plat Book
8 at page 144.
Whereas, Mark S. Pembroke has petitioned the Board of
Supervisors of Chesterfield County, Virginia, to vacate a 50'
78-418
VIII.
street in Wentworth Home Sites, Dale Magisterial District,
Chesterfield, Virginia, more particularly shown on a plat of
record in the Clerk's Office of the Circuit Court of said
County in Plat Book 8, page 144, made by W. W. LaPrade and
Brothers, Civil Engineers, dated November 4, 1948. The street
petitioned to be vacated is more fully described as follows:
A street of~fifty (50) feet in width beginning on the
north line of Sherbourne Road and running in a northerly
direction for a distance of two hundred and ninety (290)
feet, the location of which is more fully shown shaded in
red on a plat made by W. W. LaPrade and Brothers, Civil
Engineers, dated November 4, 1948, a copy of which is
attached hereto and made a part of this ordinance.
Whereas, notice has been given pursuant to Section 15.1-431
of the Code of Virginia, 1950, as amended, by advertising; and
Whereas, no public necessity exists for the continuance of the
street sought to be abandoned.
Now, Therefore, Be It Ordained by the Board of Supervisors of
Chesterfield County, Virginia:
That pursuant to Section 15.1-482(b) of the Code of Virginia,
1950, as amended, the aforesaid street be and is hereby vacated
and no longer necessary for public use.
The Grantees hereby reserve unto the Grantors a 20' and 32'
drainage and utility easement as shown on the attached plat.
This Ordinance shall be in full force and effect in accord-
ance with Section 15.1-482(b) of the Code of Virginia, 1950,
as amended, and a certified copy of this Ordinance, together
with the plat attached hereto.shall be recorded no sooner than
thirty days hereafter in the Clerk's Office of the Circuit
Court of Chesterfield, Virginia pursuant to Section 15.1-485 of
the Code of Virginia, 1950, as amended.
The effect of this Ordinance pursuant to Section 15.1-483
is to destroy the force and effect of the recording of the
portion of the plat vacated. This Ordinance shall vest fee
simple title to the centerline of the aforementioned street in
the property owners of the abutting lots on the east and west
sides of the portion of Rothmoor Road hereby vacated free and
clear of any rights of public use.
Accordingly, this Ordinance shall be indexed in the names of
the County of Chesterfield as grantor and Mark S. Pembroke and
Diana C. Pembroke (husband and wife), Hovas Stephens and Gladys
B. Stephens (husband and wife), James T. Burnett and Mary K.
Burnett (husband and wife) and James R. New and Adelia D. New
(husband and wife), or their successors in title, as grantees.
Vote: Unanimous
Mr. Pope stated that a representative from J. K. Timmons office
has made 'offers to the Owens and Coopers which were refused
and has had difficulty contacting Mr. Wood, all of whom are
involved in the acquisition of sewer easements in Midlothian
for Route 60 and 147. After further consideration of this
matter, it was on motion of Mrs. Girone, seconded by
Mr. Bookman, resolved that the Right-of-Way Department assist
in obtaining sewer easements along Route 60 and 147 from the
following property owners and if that should fail the County
Attorney is hereby authorized to institute condemnation proceedim
against them if the offer as set opposite their names is not
accepted. And be it further resolved that the County Administra'
is authorized to notify said property owners by registered mail
of the County'S intention to enter upon and take the property
which is the subject of said condemnation proceedings, all of
78-419
o
o
xz. (,1)
(',2)
4. (A)
which is subject to the developers agreeing to pay the appraised
values of the easements and the County paying the cost of
condemnation from the drainage right-of-way account since the
majority of the easement is for drainage.
James Wood
Drainage Improvements Along Route 60 $ 367.0
and 147
Thomas S Owen &
Mary B. Owen
(husband. & wire)
& Robert Lowell
Owen
Drainage Improvements Along Route 60
and 147
825.0
GoldieDorothy Drainage Improvements Along Route 60 1,138.0
Cooper and 147
Vote: Unanimous
On motion of Mr. Apperson, seconded by Mr. Bookman, be it
resolved that the County relinquish all rights and title which
the County might have acquired in the Old Town Creek Lagoon
property. Accordingly, the Chairman of the Board is authorized
to execute a quit claim deed and an agreement and release in
settlement of use by the County of 16,11 acres, more or less,
in the Matoaca Magisterial District for Old Town Creek Lagoon.
Be it further resolved that the County is authorized to pay the
property owners the sum of $5,511.39 for u~e by the County of
the parcel from 1968 to the present.
Vote: Unanimous
On motion of Mr. Apperson, seconded by Mr. Bookman, the Board
accepted a counteroffer from Roland E. Britton and Ann A.
Britton in the amount of $250.00 in settlement for a sewer
easement ,on their property along Old Town Creek.
Vote: Unanimous
Mr. Painter present the Board with a copy of the developer
water and sewer contracts executed by the County Administrator.
On motion of Mrs. Girone, seconded by Mr. Apperson, the Board
approved the request from Ed Taylor to connect to Windsor
Executive Center's sewage pump station on Branc~way Road subject
to the execution of an appropriate agreement with the
Midlothian Company in a form approved by the County Attorney.
Vote: Unanimous
Mr. Apperson inquired if the Board was aware that once a
property owner signed an affidavit stating they did not receive
notice to connect to sewer the County will have to prove their
statement is false in order to refuse to grant them a reduced
connection fee. Mr. Painter stated he did not feel the County
would have that many cases. It was generally agreed that the
County Attorney should investigate this matter further and
place it on the agenda for December 13, 1978, if necessary.
On motion of Mrs. Girone, seconded by Mr. Bookman, the Board
appropriated an additional $2,474 from the Midlothian 3¢ Road
Funds to relocate utilities at the intersection of Buford and
Jahnke Roads since the original amount of $4,434.00 was not
adequate to cover the necess~_ry work.
Vote: Unanimous
78-420
4. (c)
4. (D)
On motion of Mrs. Girone, seconded by Mr. Apperson, it was
resOlved that the street light requests be deferred until
December 13, 1978.
Vote: Unanimous
Mr. O'Neill joins the meeting.
Mr. McElfish explained that he would like the County to enter
into a contract with Austin Brockenbrough and Associates to
amend the Johnson Creek Drainage District. He stated that the
Corps of Engineers has agreed to this new route as long as the
James River is not dredged and the wetland marshes disturbed.
He stated the basic changes would be that the district would
be made smaller, the water w~ll flow towards the James River,
the results would be realized sooner, eight homes that were
in a flood plain would no longer be, and the cost would be much
cheaper. After further discussion of the matter, it was on motion
of Mr. Apperson, seconded by Mr, Bookman, resolved that the
Chairman and the County Administrator enter into a contract
with Austin Brockenbrough and Associates to amend the Johnson
Creek Drainage District in the amount of $1,600, a copy of which
is filed with the papers of this Board meeting.
Vote: Unanimous
This day the County Environmental Engineer, in accordance with
directions from this Board, made report in wri'ting upon his
examination of Lora Lynn Road, Hemway Road, Crossgate Road,
Riderwood Way and Chip Court in Lora Lynn Heights, Section 4,
Bermuda District.
Upon consideration whereof, and on motion of Mr. Bookman,
seconded by Mr, Apperson, it is resolved that Lora Lynn Road,
Hemway Road, Crossgate Road, Riderwood Way and Chip Court in
Lora Lynn, Section 4, Bermuda District, be and they hereby are
established as public roads.
And be it further resolved, that the Virginia Department of
Highways and Transportation, be and it hereby is requested to take
into the Secondary System, Lora Lynn Road, beginning at inter-
section with Harrowgate Road (State Route 144) westerly .04 mile
to intersection with Hemway Road thence westerly .08 mile to
intersection with Crossgate Road thence westerly .09 mile to inte~
section with Riderwood Way thence .02 mile to a dead end;
Hemway Road beginning at intersection with Lora Lynn Road norther-
ly .10 mile to State maintenance (State Route 1594); Crossgate
Road, beginning at intersection with Lora Lynn Road northerly
.09 mile to State maintenance (State Route 1593); Riderwood Way
beginning at intersection with Lora Lynn Road northerly .06 mile
to intersection with Chip Court thence northerly .01 mile to a
cul-de-sac; Chip Court beginning at intersection with Riderwood
Way westerly .06 mile to a cul-de-sac. These roads serve 40
lots.
And be it further resolved,, that the Board of Supervisors
guarantees to the Virginia Department of Highways a 50' right-of-
way for all of these roads. This section of Lora Lynn Heights
is recorded as follows: Section 4 Plat Book 24 Pages 69 and 70
August 21, 1975. '
Vote: Unanimous
This day the County Environmental Engineer, in accordance with
directions from this Board, made report in writing upon his
examination of Fort Darling Road in Seaboard Coast Line Industrial
Park, Bermuda District.
78-421
Upon consideration whereof, and on motion of Mr. Bookman,
seconded by Mr, Apperson, it is resolved that Fort Darling
Road in Seaboard Coast Line Industrial Park, Bermuda District,
be and it hereby is established as a public road.
And be it further resolved, that the Virginia Department of
Highways and Transportation, be and it hereby is requested to
take into the Secondary System, Fort Darling Road, beginning at
intersection with Bellwood.Road (State Route 656) southerly .25
mile to a cul-de-sac. This road serves as an individual access
road.
And be it further resolved that the Board of Supervisors
guarantees to the Virginia Department of Highways a 60' right-of-
way for this road. This industrial access road is recorded as
follows: Plat Book 23, Pages 38 and 39, November 14, 1974.
Vote: Unanimous
This day the County Environmental Engineer, in accordance with
directions from this Board, made report in writing upon his
examination of Glengate Road, Edgetree Terrace, Oak Creek
Terrace, and Ashtree Road in Walton Park, Section B, Midlothian
District.
Upon consideration whereof, and on motion of Mr. Bookman,
seconded by Mr. Apperson, it is resolved that Glengate Road,
Edgetree Terrace, Oakcreek Terrace, and Ashtree Road in Walton
Park, Section B, Midlothian District, be and they hereby are
established as public roads.
And be it further resolved, that the Virginia Department of
Highways and Transportation, be and it hereby is requested to
take into the Secondary System, Glengate Road, beginning at its
intersection with Walton Park Road, State Route 624 and going
.13 mile easterly to a temporary turnaround; Edgetree Terrace,
beginning at its intersection with Walton Park Road, State Route
624 and going .06 mile easterly to a cul-de-sac; Oak Creek
Terrace, beginning at its intersection with Walton Park Road,
State Route 624 and going .04 mile easterly to a cul-de-sac;
Ashtree Road, beginning at its intersection ~i~th Walton Park
Road, State Route 624, and going .04 mile easterly to a temporary
turnaround. These roads serve 38 lots.
And be it further resolved, that the Board of Supervisors
guarantees to the Virginia Department of Highways a 50' right-
of-way for all of these roads except Oakcreek Terrace and
Edgetree Terrace which have a 40' right-of-way. This section
of Walton Park is recorded as follows: Section B, Plat Book 28,
Page 49, April 4, 1977.
Vote: Unanimous
This day the County Environmental Engineer, in accordance with
directions from this Board, made report in writing upon his
examination of Brookforest Road, Gardengate Road, Hollyglen
Court, Tammaway Drive, McKenna Circle, McKenna Court and Timber-
crest Court in Clarendon, Section C, Clover Hill District.
Upon consideration whereof, and on motion of Mr. Bookman,
seconded by Mr. Apperson, it is resolved that Brookforest
Road, Gardengate Road, Hollyglen Court, Tammaway Drive, McKenna
Circle, McKenna Court and Timbercrest Court in Clarendon, Section
C, Clover Hill District, be and they hereby are established as
public roads.
And be it further resolved that the Virginia Department of
Highways and Transportation be and it hereby is requested to take
into the Secondary System, Brookforest Road, beginning at Genito
78-422
4. (E)
5. (A&B
Road (State Route 604) thence northerly 0.04 mile to its inter-.
section with Gardengate Road thence northerly 0.03 mile to a
temporary turnaround; beginning 0.02 mile east of Tammaway
Drive thence westerly 0.02 mile to its intersection with
Tammaway Drive thence northerly 0.15 mile to a temporary turn-
around; Tammaway Drive beginning at Genito Road (State Route
604) thence north 0,04 mile to Gardengate Road thence north
0.06 mi~ to McKenna Circle thence north 0.06 mile to McKenna
Court thence north 0.11 mile to Brookforest Road; Gardengate
Road, beginning at Tammaway Drive thence east 0.10 mile to
Brookforest Road thence east and northerly 0.21 mile to a cul-de-
sac; Hollyglen Court, beginning at Gardengate Road thence north
0.12 mile to a cul-de-sac; McKenna Circle, beginning at Tammaway
Drive thence east 0.05 mile to a cul-de-sac; McKenna Court,
beginning at Ta~away Drive thence east 0.04 mile to a cul-de-
sac; Timbercrest Court, beginning at Brookforest Road thence
east 0.03 mile to a temporary turnaround. These roads serve
90 lots.
And be it further resolved that the Board of Supervisors
guarantees to the Virginia Department of Highways and
Transportation a 50' right-of-way for all of these roads except
McKenna Circle and McKenna Court which have a 40' right-of-way.
This section of Clarendon is recorded as follows: Section C,
Plat Book 27, Pages 9 and 10, August 10, 1976.
Vote: Unanimous
It was generally agreed to defer discussion of the response
from the Virginia Department of Highways and Transportation
regarding proposed rural addition projects.
It was generally agreed to defer the public hearings regarding
proposed ordinances until the County Attorney was present.
On motion of Mr. Apperson, seconded by Mrs. Girone, the follow-
ing resolution was adopted:
Whereas, the Congress of the United States amended the
Clean Air Act in 1977, which strengthens the enforcement of
air quality standards for six pollutants, including photo-
chemical oxidants; and
Whereas, the basis of standards consider air pollution from
transport sources, stationary sources, automobile sources and
natural sources; and
Whereas, the Richmond Area's second highest reading of
photochemical oxidants (.225 parts per million) exceeds the
national standards of .08 parts per million; and
Whereas, the County of Chesterfield, working with the
Richmond Area Metropolitan Transportation Planning Organization
is concerned with both air quality and ~he economic impact of
major transportation program changes.
Therefore, be it resolved that the County of Chesterfield
endorses the Transportation Control Plan submission for the
Richmond Area through the Commonwealth of Virginia State
Implementation Plan (SIP). This endorsement covers the Schedule
of Study included in the SIP submission which details planning
activities. These activities may recommend Transportation Control
Plan actions to reduce hydrocarbon emissions from the transporta-
tion system while maintaining the economic vitality of the
Richmond Area. This endorsement also includes the intention to
pursue "representative implementation" as reasonably available
projects are recommended by the Richmond Area Metropolitan
Transportation Planning Organization. The Richmond Area is
committed to an improved, quality public transportation system,
and this commitment will continue. The County of Chesterfield
78-423
7. (A)
7. (B)
11.
12.
further endorses the reconsideration of the current standard for
photochemical oxidants of .08 parts per million. The current
proposal to increase this standard to ,10 parts per million is
not endorsed as an increase that would allow an effective
balance in the Richmond Area between clean air objectives and
transportation system reality.
The Virginia State Air Pollution Control Board proposal
to increase the primary and secondary standards to .12 parts per
million is endorsed by Chesterfield County Board of Supervisors
for the revised EPA standard.
Vote: Unanimous
On motion of Mrs, Girone, seconded by Mr. Apperson, the County
Administrator was authorized to accept a state grant in the amount
of $24,111 for the Mental Health/Mental Retardation Model
Intervention Program which is being funded entirely by the
state for one year.
Vo~e: Unanimous
On motion of Mr. Apperson, seconded by Mr. Bookman, the Board
authorized the County Treasurer to establish a petty cash fund
in the amount of $50.00 in the name of Mr. Michael Bem, Chief,
Community Support Program for the Mental Health/Mental Retard-
ation Program.
Vote: Unanimous
On motion of Mrs. Girone, seconded by Mr. Bookman, the Board
authorized the County Administrator to proceed with plans to
renovate and expand the administrative area, business office
area, nursing administration, physical therapy and occupational
area for the Nursing Home using excess cash which exists at this
time for financing with the understanding that prior to any
construction beginning, the plans will be submitted to the
Board for approval.
Vote: Unanimous
It was generally agreed to discussperSonnel Matters regarding the
recruitment and retention program for volunteer firefighters
in Executive Session.
Mr. Apperson excused himself from the meeting.
On motion of Mrs. Girone, seconded by Mr. Bookman, the Board
approved for payment an erroneous tax claim for Andra T. Baylus
for a County Vehicle License in the amount of $15.00.
Vote: Unanimous
Mr. Apperson returned to the meeting.
On motion of Mr. Bookman, seconded by Mr. Apperson, the Board
officially canceled the second regularly scheduled meeting in
December.
Vote: Unanimous
Mr. Meiszer stated the legislators representing Chesterfield
have agreed to meet on N.ovember 27, 1978, at 12:00 noon at the
Icarus Restaurant to discuss proposed legislation for the 1979
General Assembly.
Mr. Bookman excused himself from the meeting because of a
possible conflict of interest.
78-424
5. (A)
4. (E)
Mr. Meiszer stated this time and date had been scheduled for
a public hearing regarding an ordinance relating to license
taxes for trailers and trailer parks. Mr. Micas explained the
ordinance stating that the General Assembly had passed a law
which would do away with this tax but due to some hardships
in various parts of Virginia, they had postponed its effective
date until December 31, 1979. He stated either the Board could
wait until that time or do it now. Mr. O'Neill stated that the
Board had not budgeted this money as coming in and this amounted
to basically a housekeeping measure. ~. Manuel HiIdmgostatedhe
felt this was unfair to homeowners because the trailer owners
ar~ paying very little tax proportionately to that which the home.
owners pay for the services they receive. Mr. Homer Wingfield,
Deputy Commissioner of Revenue, stated that the owners of
trailers are being taxed on the same percentage as the homeowners.
He added further that trailers are increasing in value the same as
a home is rather than depreciating. Mr. Mike Wineman, owner of
Trollingwood Trailer Park, stated that when he purchased the
park it was with the understanding that this tax ~ould be
abolished. Mr. Jack Williams, License Inspector, was present
and stated that the trailers are also taxed $50 a year which
i~ double taxation.
There being no further discussion of the matter, it was on
motion of Mrs. Girone, seconded by Mr. Apperson, resolved that
the following ordinance be adopted:
An Ordinance to Amend Chapter 12 of the Code of the
County of Chesterfield, 1~978, as Amended, By Repealing
Article XVII Containing Sections 12-164 Through
12-168.1 Relating to License Taxes for Trailers and
Trailer Parks
Be It Ordained by the Board of Supervisors of Chesterfield
County:
(1) That sections 12-165, 12-166, 12-167, 12-168 and
12-168.1 are repealed.
(2) That this ordinance shall be effective on and after
December 31, 1978.
Vote: Unanimous
Mr. Bookman returned to the meeting.
Mr. Dexter Williams, Chief of Comprehensive Planning, discussed
the response from the Highway Department regarding the
proposed rural addition projects. Mr. Bookman stated he
would like to move forward on Satinwood Road and asked that
the Community Development staff contact the property owners.
On motion of Mr. Apperson, seconded by Mrs. Girone, the Highway
Department was requested to improve Oakdale Avenue to the
minimum standard for state acceptance with the County guaranteeing
one-half of the cost from the Dale District 3¢ Road Funds, as well
as the cost of right-of-way and utilities relocation.
Vote: Un~
Discussion oftheBermUdaRuralAdditionProjects w~a defez~ed to Dec. 13, 197t
Mrs. Girone stated that money to fund the participation in the
Richmond Cooperative program was to come from the state but
that when additional staff was needed, that money was used to
employ them. ~Mrs. Girone and Mr. Bookman expressed their concern
of the method of managing funds at the library. After further
discussion of the matter, it was on motion of Mrs. Girone, secondec
by Mr. Bookman, resolved that the minutes be approved as written.
Mr. O'Neill stated he was not in favor of this arrangement and
78-425
5.
it was his understanding that this arrangement would not cost
the County anything, Mr. Meiszer stated the first year was
free to ascertain the interest and need and that based on that
interest and County reSidents using the Richmond system the
cost is $13,500. Mrs. Girone indicated her interest in a
regional system. Mr. O'Neill made a motion, seconded by
Mr. Bookman, that previous action approving this participation
agreement be rescinded and that we study the cost benefit
ratio to see if we want to continue and to reassess its benefit.
Mrs. Girone stated that she felt it was too far along to renege
at this time.
A vote being taken on Mr. O'Neill's motion:
Ayes: Mr. O'Neill and Mr. Bookman.
Nays: Mrs. Girone and Mr. Apperson.
Absent: Mr. Dodd.
Mrs. Girone asked that the Board vote on her previous motion
to approve the minutes as written,
A vote being taken on Mrs. Gl=one's motion:
NAYaeS; ~rr.S.^9~rg~n~ ~ Mr. ~.pp~erson.
ys: o [Nez,l Mr. bookman.
Absent: Mr. Dodd.
On motion of Mr. Bookman, seconded by Mr. O'Neill, the Board
delayed approval of the minutes of November 8, 1978, until
December 13, 1978.
Vote: Unanimous
Mrs. Girone stated that this again points up administrative
problems in the library system.
Mrs. Girone stated the cost of Chesterfield's contribution
to the Capital Area Agency on Aging is increasing from $.15
per person last year to $.30 per person this year. She stated
that the increase is being caused basically because the
Title. VII and Title III funds are merging and the administrative
costs for both funds are together. She stated there had been
some discussion regarding whether or not the CAAA should be an
active lobbying group for the elderly for additional funding.
She stated she did not feel this was the purpose of the CAAA
being established but would like some input from the Board since
she did represent them. The Board members present indicated
they did not feel the CAAA should lobby and get involved in the
legislative process.
On motion of Mr. Bookman, seconded by Mr. Apperson, the Board
went into Executive Session to discuss personnel.
Vote: Unanimous
Reconvening:
Assistant Fire Chief Wesley Dolezal was present to discuss
the request for a CountY-wide recruitment and retention program
for volunteer firefighters. Mr. O'Neill stated that he
would prefer this matter be held until the Board met with the
District Fire Chiefs in January. He asked that additional
background information also be obtained and distribuCed. It was
generally agreed that this matter would be deferred until
January 10th at which time the Supervisors would be meeting
with the District Fire Chiefs.
Mr. Meiszer stated this time and date had been scheduled for a public hearing
regardir~ Cc~it.v Antenna Television ;Systems. Mr. Micas ~plained the
78-426
ordinance and indicated several changes which were made from the original
draft relating to late pasnnent fee~-i'-'~urety bond, the definition of cable
T.V., the franchise's right to use Cotm~ right-of-way and an additional secti¢
designating the Cotmty Administrator &~ the Board's agent. He stated tae
~$trator or the Board would have to set a date by which to receive
applications for franchises. Mrs Girone stated she had received a lot o£
interest frcm residents in her area. Mr. Apperson indicated there should be a
lot of interest from the providers as well. There being no one present to
discuss this ordinance, it was on moticn of Mr. Apperson~ seconded by
Mrs. Girone, resolved that th~s ordinance be adopted:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1978, AS AMENDED, BY REPEAL-
ING CHAPTER 7 CONTAINING §~7-1 THROUGH 7-25
AND ADDING A CHA~TER 7.1 CONTAINING §§7.1-1
THROUGH 7.1-30 RELATING TO COMMUNITY ANTENNA
TELEVISION SYSTEMS GENERALLY AND PROVIDING
FOR A PENALTY
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Chapter 7 containing ~7-1 through 7-25 of the
Code of the County of Chesterfield is repealed.
(2) That the Code of the County of Chesterfield is amended
by adding a Chapter Number 7.1 containing §§7.1-1 through 7.1-30
as follows:
CHAPTER 7.1.
COMMUNITY ANTENNA TELEVISION SYSTEMS.
Article I. Definitions and Application.
~7.1-1.
~7.1-2.
§7.1-3.
Definitions.
Grant of Authority.
Applications for Franchise.
Article II. Franchise Conditions.
§7.1-4.
§7.1-5.
§7.1-6.
§7.1-7.
~7.1-8.
§7.1-9.
Franchise Term.
Franchise Fee.
Insurance - Bonds - Indemnity.
Acceptance.
Books and Records.
Subscriber Fees and Rates.
Article III. Franchise Transfer or Revocation.
7.1-10. Franchise Transfer.
7.1-11. Franchise Revocation.
7.1-12. Termination for Cause or Forced Purchase by the County.
7.1-13. Transfer of Ownership to County.
7.1-14. Grantee's Obligation as Trustee.
7.1-15. Management Fee.
Article IV. Systems Operation.
7.1-16. Initial Franchise Area.
7.1-17. Extension of Service Facilities.
7.1-18. System Description.
7.1-19. Construction Schedule.
7.1-20. Operational Requirements.
7.1-21. Tests and Performance Monitoring.
7.1-22. Complaint Procedure.
7.1-23. Conditions of Street Occupancy.
Article V. General Provisions.
7.1-24. Protection of Privacy.
7.1-25. Compliance with State and Federal Law.
78-427
§ 7.1-26.
§ 7.1-27.
§ 7.1-28.
§ 7.1-29.
§ 7.1-30.
Special License.
Franchise Validity.
Failure to Enforce Franchise and Time Essence.
Rights Reserved to the County.
Designation of Co6nty Administrator as Enforcing Admini
trator.
Article I. Definitions and Application.
Sec. 7.1-1. Definitions.
For the purposes of this chapter, the following words and
phrases shall have the meanings respectively ascribed to them by
this section:
Community antenna system or cable television system. Any
facility which is operated to perform for hire, either in whole
or in part, the service of receiving, amplifying, modifying or
originating television, radio or other electrical signals for the
purpose of transmitting or distributing such signals by wire,
cable or other means to subscribing members of the public, except
that such definition shall not include: (1) any system which
serves fewer than two hundred and fifty (250) subscribers; (2)
any system which serves only the residents of one or more continu-
ous apartment dwellings under common ownership, control or manage-
ment, and commercial establishments located on the premises of
such dwellings; or (3) any system commonly known as a master
antenna system.
Depreciated value. The value as shown on the Grantee's
books and records of all the cable television system's tangible
assets after depreciation which shall be calculated to the end of
the Grantee's last fiscal year. Such value shall not include
"good will" or any value that Grantee's books and records attribu-
te to the franchise.
Fair market value. The price that a willing buyer would pay
to a willing seller for a going concern based on the system valu-
ation and sale multiples prevailing in the industry at the time
at which the Board elects to exercise its option.
Franchise. the non-exclusive rights granted hereunder to
construct and operate a cable television system along the public
ways in the County, or within specified areas in the County, and
is not intended to include any license or permit required for the
privilege of transacting and carrying on a business within the
County as may be required by other ordinances of the County.
Gross subscriber revenues. Those revenues including instal-
lation fees, subscriber fees and disconnect and re-connect fees,
derived from the supplying of regular subscriber service. Reve-
nues shall also include revenues derived from per-program or per-
channel charges, leased channel revenues, advertising revenues,
or any other income derived from the system.
Net profit. The amount remaining after deducting from gross
revenues all of' the actual, direct and indirect, expenses asso-
ciated with operating the cable television system including the
franchise fee, interest, depreciation and federal or state income
taxes. -
Public way.. The surface, the air space above the surface,
and the area below the surface of any public street, highwaY,
lane, path, alley, sidewalk, boulevard, drive or other public
right-of-way including public utility easements or rights-of-way,
and any temporary or permanent fixtures or improvements located
thereon now or 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.
Regular subscriber service. The distribution to subscribers
of signals over the cable television system on all channels
except leased channels, those for which a per-program or per-
channel charge is made, two-way services, and those intended for
78-428
reception by equipment other than a television broadcast receiver.
Sec. 7.1-2. Grant of Authority.
After a publi~ hearing upon such conditions as shall be~
established by the Board, the Board is authorized to grant 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 best serve the public interest, and
whose construction and financial plans and arrangements are both
feasible and adequate to fulfill the conditions set forth in this
chapter and in the franchise agreement. However, no provision of
this chapter shall be deemed or construed as to require the Board
to grant a franchise following receipt of any franchise applica-
tion.
Sec. 7.1-3. Applications for franchise.
(a) Ail applications for a cable television franchise shall
be submitted to the Board on a written application form supplied
by the Board. The application shall request facts and informa-
tion the Board deems appropriate. Applications shall be accom-
panied by a non-refundable application fee%of $500 to offset
direct expenses incurred in the franchisin~ and evaluation pro-
cedures.
(b) Any applicant who is granted a non-exclusive franchise
shall, in addition to the non-refundable fee specified herein-
above, pay to the County upon acceptance of the franchise,
$15,000. Such non-refundable payment shall be used to offset any
direct costs incurred by the County and not defrayed by the
application fee provided for herein.
Article II. Franchise Conditions.
Sec. 7.1-4. Franchise term.
The term of the franchise shall be fifteen years from the
date the franchise is accepted by the Grantee. The Board may
renew the Grantee's franchise for a period of time not inconsis-
tent with the then applicable FCC rules and regulations upon suck
terms and conditions as may be set by the Board. If the Board
fails to renew the. franchise, the Board shall, on the expiration
date of the franchise, either purchase the assets of the Grantee
cable television system at its then fair market value or, select
a new Grantee and cause such new Grantee to take the assets at
fair market value.
Sec. 7.1-5. Franchise fee.
(a) The Grantee shall pay to the County, in consideration
of the granting of the franchise to use the public ways for the
operation of a cable television system, three percent of its
annual gross subscriber revenues during the period of its opera-
tion under the franchise.
(b) The Grantee shall file with the county, within forty-
five days after the expiration of each of the Grantee's fiscal
quarters, a financial statement clearly showing the gross sub-
scriber revenues received by Grantee during the preceding quar-
ter. Payment of the quarterly portion of the franchise fee shall
be payable to the County at the time such statement is filed.
The Grantee shall also file, within one hundred twenty days fol-
lowing the conclusion of the Grantee's fiscal year, an annual
report prepared and audited by a Certified Public Accountant ac-
ceptable to the County, clearly showing the yearly total gross
subscriber revenues.
(c) The County shall have the right to inspect the Gran-
tee's income records, the right of audit and the recomputation of
any amounts determined to be payable under this chapter provided
however, that such audit shall take place within twelve months
78-429
following the close of each of the Grantee's fiscal years. Any
additional amount due the County as a result of the audit shall
be paid within thirty days following written notice to the Gran-
tee by the County which notice shall include a copy of the audit
rePort. The cost of such audit shall be borne by the Grantee if
it is properly determined that the Grantee's annual payment to
the County for the preceding year is increased thereby by more
than five percent.
(d) In the event that any franchise payment or recomputed
amount is not made on or before the applicable dates heretofore
specified, there shall be assessed a penalty of five percent of
the amount due and interest shall be charged from such due date
at the annual rate of eight percent.
(e) In the event the franchise is terminated prior to its
expiration date, and the County invokes its right to purchase the
Grantee's cable television system, the Grantee shall file with
the County, within thirty days of the date that ownership and
control passes to the County or its assignee, a financial state-
ment clearly showing the gross subscriber revenues received by
Grantee since the end of the previous fiscal quarter. The
Grantee shall pay the franchise fee due at the time such state-
ment is filed.
Sec. 7.1-6. Insurance - Bonds - Indemnity.
(a) At all times during the term of the franchise, including
the time for removal of facilities or management as a trustee,
the Grantee shall obtain, pay all premiums for, and file with the
County written evidence of payment of premiums and executed
copies of the following:
(1) A general comprehensive public liability policy
indemnifying, defending and saving harmless the County, its
officers, boards, commissions, agents or employees from any and
all claims by any person whatsoever on account of injury to or
death of a person or persons occasioned by the operations of the
Grantee under the franchise herein granted or alleged to have
been so caused or occurred with a minimum liability of Five
Hundred Thousand Dollars ($500,000) per personal injury or death
of any one person and One Million Dollars ($1,000,000) for
personal injury or death of any two or more persons in any one
occurrence.
(2) Property damage insurance indemnifying, defending,
and saving harmless the County, its officers, boards, commis-
sions, agents and employees from and against all claims by any
person whatsoever for property damage occasioned by the operation
of Grantee under the franchise herein granted or alleged to have
been so caused or occurred with a minimum liability of Two Hun-
dred Fifty Thousand Dollars ($250,000) for property damage to the
property of any one person and Five Hundred Thousand Dollars
($500,000) for property damage to the property of two or more
persons in any one occurrence.
(3) Copyright infringement insurance, indemnifying,
defending, and saving harmless the County, its officers, boards,
commissions, agents, and employees from and against all claims of
any person whatsoever for copyright infringement occasioned by
the operation of the Grantee under the franchise herein granted
or alleged to have been so caused or occurred with a minimum
liability of One Million Dollars ($1,000,000) for the infringe-
ment of said copyrights.
(4) A performance bond running to the County with good
and sufficient surety approved by the County in the sum of One
Hundred Thousand Dollars ($100,000) conditioned upOn the faithful
performance and discharge of the obligations imposed by this
chapter and the franchise awarded hereunder from the date thereof.
At such time as the Grantee completes a significant portion of
its obligation to service a percentage of the occupied dwelling
78-430
units in the County, the Grantee may petition the Board to reduce
the amount of the performance; provided, however, that such bond
shall not be reduced below $50,000.
(b) The bond and all insurance policies called for herein
shall be in a form satisfactory to the County Attorney and shall
require thirty.days written notice of any cancellation to both
the County and the Grantee. The Grantee shall, in the event of
any such cancellation notice, obtain, pay all premiums for, and
file with the County, written evidence of payment of premiums,
duplicate copies of any insurance so cancelled within thirty days
following receipt by the County or the Grantee of any notice of
cancellation.
(c) The Grantee shall, at its sole cost and expense, indem-
nify and hold harmless the County, its officials, boards, commis-
sions, agents and employees against any and all claims, suits,
causes of action, proceedings and judgments for damage arising
out of the operation of the cable television system under the
franchise. These damages shall include but not be limited to
penalties arising out of copyright infringements and damages
arising out of any failure by Grantee to secure consents from
owners, authorized distributors or licensees of programs to be
delivered by the Grantee's cable television system whether or not
any act or omission complained of is authorized, allowed, or
prohibited by the franchise. Indemnified expenses shall include,
but not be limited to, all out-of-pocket expenses, such as attor-
ney fees, and shall also include the reasonable value of any
services rendered by the County Attorney or his assistants or any
employees of the County.
(d) No recovery by the County of any sum by reason of the
bond required in this chapter shall be any limitation upon the
liability of the Grantee to the County under the terms of this
chapter except that any sums so received by the County shall be
deducted from any recovery which the County shall establish
against the Grantee under the terms of this chapter.
Sec. 7.1-7. Acceptance.
This chapter and the franchise and their terms and condi-
tions shall be accepted by the Grantee by written instrument
filed with the County Administrator within thirty days after the
granting of the franchise. In its acceptance, the Grantee shall
declare that it has carefully read the terms and conditions of
this chapter and the franchise and accepts all of the terms and
conditions imposed by this chapter and the franchise and agrees
to abide by same.
Sec. 7.1-8. Books and Records.
Ail books and records of the Grantee concerning its opera-
tions within the County shall be made available for inspection
and audit by the County within thirty days after such request has
been made. The Grantee shall file with the director of utilities
accurate maps or plats of all existing and proposed installations
within the County. Such maps and plats shall conform to the re-
quirements of the director of utilities and shall be kept con-
tinuously up to date.
Sec. 7.1-9. Subscriber fees and rates.
By its award of any franchise, the Board approves the in-
itial subscriber rates, deposits and fees as set forth in its
application to the County for a cable television franchise. Such
rates shall remain in effect'a minimum of two years from the date
of the granting of the franchise. No increase in rates, deposits
or fees shall be made except as authorized by the Board after an
78-431
appropriate public hearing affording due process. The Grantee
shall be entitled to a fair and reasonable return on his invest-
ment so long as the appropriate rates, deposits and fees are in
the best interests of the County. No request may be initiated if
a similar request pursuant to this section has been proposed
within the previous six months. Grantee may, at its discretion,
waive, reduce or suspend connection fees for specific or undeter-
minate periods or monthly service fees for promotional purposes;
provided, however, that the Grantee notifies the County of such
waiver, reduction, suspensions or discount.
The Grantee shall not, with regard to fees, discriminate or
grant any preference or advantage to any person; provided, how-
ever, that the fees may be negotiated between Grantee and the
owner Or owners, or committee acting on their behalf for regular
subscriber service provided to ten or more'dwelling units within
an apartment building, condominium, garden apartment or townhouse
complex under common ownership, or to ten or more room units
within hotels and motels or to commercial establishments engaged
in the sale of television receivers.
Article III. Franchise Transfer or Revocation.
Sec. 7.1-10. Franchise transfer.
(a) Any franchise granted by the Board shall not be assigned
transferred, sold or disposed of, in whole or in part, by voluntar~
sale, merger, consolidation or otherwise or by forced or involun-
tary sale, without prior consent of the Board upon such conditions
as may therein be prescribed.
(b) Any sale, transfer or assignment shall be made by a
bill of sale or similar document, an executed copy of which shall
be filed with the County Administrator within thirty days after
any such sale, transfer or assignment. The Board shall not
withhold its consent unreasonably provided, however, the proposed
assignee agrees to comply with all the provisions of this chapter
and the franchise and must be able to provide proof of financial
responsibility as determined by the Board.
(c) No such consent shall be required for a transfer in
trust, mortgage, or other instrument of hypothecation, in whole
or in part, to secure an indebtedness except that when such
hypothecation shall exceed seventy-five percent of the fair
market value (as defined in ~1, Article I) of the property used
by the Grantee in the operation of its cable television system.
Prior consent of the Board, expressed by resolution, shall be
required for such transfer and said consent shall not be withheld
unreasonably.
(d) Prior approval of the Board shall be required where
ownership or control or more than 50% of the right of control of
the Grantee is acquired by a person or group of persons acting in
concert, none of whom already own or control 50% or more of such
right of control, singularly or collectively. By its acceptance
of this franchise the Grantee specifically grants and agrees that
any such acquisition occurring without prior approval of the
Board shall constitute a violation of this franchise by the
Grantee.
Sec. 7.1-11. Franchise revocation.
(a) In addition to all the rights and powers reserved to
the County, the County reserves as an additional power the right
to terminate the franchise and all rights and privileges of a
Grantee hereunder in any of the following~events or for any of
the following reasons:
(1) A Grantee shall by act or omission violate any ma-
terial term or condition of this chapter, and, within thirty days
following written demand by the County shall fail to effect com-
pliance.
78-432
(2) A Grantee becomes insolvent, unable or unwilling
to pay its debts or is adjudged a bankrupt.
(3) A Grantee attempts to or does practice any fraud
upon the County or subscribers.
(b) The Grantee shall not be declared at fault or be sub-
ject to revocation under any provision of this chapter in any
case in which performance of any such provision is prevented for
reasons beyond the Grantee's control. A fault shall not be
deemed to be beyond the Grantee's control if committed by a
corporation or other business entity in which the Grantee holds a
controlling interest, whether held directly or indirectly.
(c) If the Board determines that such non-compliance was
without just cause, then the Board may adopt a resolution which
terminates the franchise and instructs the Grantee to promptly
remove from the public way all of its cable television facilities
within ninety days from the date the Grantee receives a written
copy of such resolution. The Board shall be empowered to seek
legal and equitable relief in order to ensure compliance with
this provision. In the alternative, the Board may adopt a reso-
lution which invokes the County's right to purchase the assets of
the Grantee's cable television system at a price not to exceed
its depreciated value as defined herein, unless there be complianc
by the Grantee within such period as the Board may fix.
Sec. 7.1-12. Termination for Cause or Forced Purchase by the
County.
(a) If, at any time during the term of this franchise, the
Board determines that a Grantee has materially breached the terms
and conditions imposed by this chapter and the franchise after
the County has exhausted all of the remedial steps provided for
herein, the County may either terminate the franchise or purchase
the assets of the Grantee's cable television system at a cost not
to exceed depreciated value.
(b) In the event the County exercises its option to purchase
the assets of the Grantee's cable television system at their
depreciated value, it shall give the Grantee written notice of
its intent to do so. The Grantee shall, within seven days of
receipt of such notice, enter into bona fide negotiations with
the County for the purpose of consummating the transaction at the
earliest possible time.
(c) In the event the County elects to purchase the Grantee's
cable television system and the fair market value or its depre-
ciated value cannot be agreed upon, the final price shall be
determined by the Circuit Court of the County of Chesterfield.
Sec. 7.1-13. Transfer of Ownership to County.
(a) Upon payment of the purchase price, the Grantee shall
immediately transfer to the County possession and title to all
facilities and property, real and personal, related to its cable
television system free from any and all liens and encumbrances
not agreed to be assumed by the County in lieu of some portion of
the purchase price. The Grantee shall make it a condition of
each contract entered into by it with reference to its operations
under this chapter and franchise, that the contract shall be sub-
ject to the exercise of this option by the County and that the
County shall have the right to succeed to all privileges and
obligations thereof upon the exercise of such option.
(b) The County shall have the right and power to assign its
purchase rights to a successor Grantee selected by the County in
a manner not inconsistent with the provisions of this chapter.
78-433
Sec. 7.1-14. Grantee's obligation as trustee.
Until such time as the Grantee transfers to the County or to
a new Grantee possession and title to all assets, real and per-
sonal, related to its cable television system, the Grantee shall,
as trustee for its successor in interest, continue to operate the
cable television system under the terms and conditions of this
chapter and the franchise and to provide the regular subscriber
service and any and all of the services that may be provided at
that time. During such interim period, the Grantee shall not
sell any of the system assets nor shall the Grantee make any
physical, material, administrative or operational change that
would tend to (1) degrade the quality of service to the subscriber~
(2) decrease income, or (3) materially increase expenses without
the express permission, in writing, of the County or its assignee.
The County shall be permitted to seek legal and equitable relief
to enforce the provisions of this section.
Sec. 7.1-15. Management fee.
For its management services during this interim period, the
Grantee shall be entitled to receive as compensation, the net
profit, as defined herein, generated during the period between
the date the Grantee received written notice from the County of
its intent to purchase the Grantee's cable television system or
the expiration date of the franchise, whichever is earlier, and
the payment of the purchase price. Such management services
shall not be continued without Grantee's consent for more than
twelve months. However, if the Board de~ermines that the Grantee
is responsible for any delay in transfer of ownership and control
the Grantee shall continue to operate the cable television, as
provided for in section 7.1-14, without compensation for its
services until the sales agreement is executed and ownership and
control passes to the County or its assignee. In addition, the
County shall also have the further right to (1) forthwith termi-
nate Grantee's franchise and have the system removed or (2) to
purchase the assets of the Grantee's cable television system at
its depreciated value.
Article IV. Systems Operation.
Sec. 7.1-16. Initial franchise area.
(a) . Grantee shall furnish to the County as part of the for-
mal application a map of suitable scale sho~ing all streets and
pUblic buildings indicating the Initial Franchise Area (IFA) to
be served The IFA shall include not less than fifty-five per-
cent (55%) of the total occupied dwelling units within the County
boundaries. The map shall also list the names of all neighbor-
hOods, developments and communities served.
(b) The Initial Franchise Area shall be subject to approval
by the County, and may be amended at any time, either by the
County on its own motion or upon petition to the Grantee by fifty
percent (50%) of the residents within the area to which the pro-
posed amendment applies. Petitions are acceptable only in areas
in which the total number of occupied dwelling units divided by
the total number of miles of paved and unpaved, public and pri-
vate, streets and roads (exclusive of limited highways) within
the extended area exceeds seventy-five.
(c) The Grantee may be required to interconnect its cable
television system with other cable television systems or other
broadband communications facilities.located in contiguous com-
munities so long as such interconnection is for the benefit of
subscribers within the County. Such interconnection shall be
made within ninety days of a request made by the Board.
78-434
Sec. 7.1-17. Extension of Service Facilities.
(a) Grantee shall extend its full service outside the Ini-
tial Franchise Area, in accordance with the approved fee schedule,
to any location within the County boundaries upon written request
by five or more applicants living within one thousand yards of
each other.
(b) Grantee shall be entitled to recover, from the appli-
cants requesting such service extensions, the direct, total cost
of that portion of the combined trunk and feeder line extension
which exceeds an average of one hundred fifty feet per subscriber,
measured along the most practicable route from the nearest techni-
cally feasible point on Grantee's system, not including the
length of service drops.
(c) Grantee shall make every reasonable effort to cooperate
with cable television franchise holders in contiguous communities
in order to provide cable service in areas within the County but
outside the. Grantee's Initial Franchise Area. The County shall
make every reasonable effort to cooperate with the franchising
authorities in contiguous communities, and with the Grantee, in
order to provide cable television service in areas outside the
County.
Sec. 7.1-18. System description.
(a) The cable television system to be installed by Grantee
shall comply in all respects with the capacity, capability, and
technical performance requirements set forth in the FCC's Rules
for Cable Television including applicable amendments thereto and
including public, education, government and leased access chan-
nels.
(b) The Grantee's cable television system shall operate
with at least twenty channel capacity.
(c) The Grantee's cable television system shall have
technical capacity to enable it to provide nonvoice return
communications upon installation of additional equipment not
requiring rewiring of the cable television system.
(d) The Grantee's cable television system shall maintain at
least one specially designated noncommercial public access channel
available on a first-come, nondiscriminatory basis. The system
shall maintain and have available for public use the minimal·
equipment and facilities necessary for the production of programmi~
for such a channel. One such channel will be made available
without charge, except that production costs may be assessed for
live studio presentations e~ceeding five minutes. Such production
costs and any fees for use of other public access channels shall
be consistent with the goal of affording the public a low-cost
means of television access.
(e) The Grantee's cable television system shall maintain a
specially designated access channel for use by local educational
authorities. This channel shall be made available without charge
from the time of commencement of cable television service in the
County until five years after completion of the system's basic
trunk line.
(f) The Grantee's cable television system shall maintain a
specially designated access channel for local government use.
This channel shall be made available without charge from the time
of commencement of cable television service in the County until
five years after completion of the system's basic trunk line.
(g) The Grantee's cable television system shall offer its
excess channel capacity for leased access services, and on one of
the leased channels, priority shall be given to part-time users.
78-435
(h) Whenever all of the channels described in paragraphs
(d), (e), (f) and (g) of this section are in use during eighty
percent (80%) of the weekdays (Monday to Friday) for eighty
percent (80%) of the time during any consecutive three-hour
period for six consecutive weeks, the Grantee's cable television
system shall, within the limits of its channel capacity specified
in paragraph (b) of this section and if consistent with then
applicable FCC rules and regulations, have six months in which to
make a new access channel available for any or all of the purposes
for which such channels are designated.
(i) Grantee shall provide, without charge within the Ini-
tial Franchise Area, one service outlet to each fire station,
public and private school, police station, public library and
such buildings as used for municipal purposes as may be desig-
nated by the County; provided, however, that, if it is necessary
to extend Grantee's trunk or feeder lines more than three hundred
feet solely to provide service to any such school or public
building, the County shall have the option, either of paying
Grantee's direct costs for such extension, in excess of three
hundred feet, or of releasing Grantee from the obligation to
provide service to such building. Furthermore, Grantee shall be
permitted to recover, from any public building owner entitled to
free serviCe, the direct cost of installing, when requested to do
so, more than one outlet, or concealed inside wiring, or a ser-
vice outlet requiring more than two hundred fifty feet of drop
cable.
Sec. 7.1-19. Construction schedule.
(a) Upon accepting the franchise, Grantee shall, within
sixty days, file the documents required to obtain all necessary
Federal, State and local licenses, permits and authorizations
required for the conduct of its business.
(b) Within three months after accepting the franchise,
Grantee shall furnish the County a construction schedule and map
setting forth target dates by-areas for commencement of service
to subscribers. The schedule and map shall be updated whenever
substantial changes become necessary.
(c) Grantee shall complete construction of the system in
the Initial Franchise Area and offer and deliver cable television
service in full accordance with this chapter and the franchise
granted hereunder to subscribers in not less than twenty-five
percent (25%) of the occupied dwelling units within the Initial
Franchise Area within one year after receiving all necessary
permits, authorizations and licenses with additional servicing of
twenty-five percent (25%) per year until one hundred percent is
served within four years.
(d) Every three months after the start of construction,
Grantee shall furnish the County a report on progress of con-
struction until complete. The report shall include a map that
clearly defines the areas wherein regular subscriber service is
available.
Sec. 7.1-20. Operational requirements.
(a) Grantee shall construct, operate and maintain the cable
television system subject to the supervision of the County and in
full compliance with the rules and regulations, including appli-
cable amendments, of the Federal Communications Commission and
all other applicable Federal, State or County laws and regula-
tions, including the latest editions of the National Electrical
Safety Code and the National Fire Protection Association National
Electrical Code. The cable television system and all its parts
shall be subject to inspection by the County.
(b) Grantee shall maintain an office within the County
which shall be open and accessible to the public with adequate
telephone service during all usual business hours, including
facilities for twenty-four hour recording of subscriber com-
plaints.
78-436
(c) Grantee shall exercise its best effort to design, con-
struct, operate and maintain the system at all times so.that sig-
nals carried are delivered to subscribers without material degra-
dation in quality (within the limitations imposed by the technical
state-of-the-art).
(d) Copies of all correspondence, petitions, reports, appli-
cations and other documents sent or received by Grantee from
Federal or State agencies having appropriate jurisdiction in
matters affecting cable television operation shall be simul-
taneously furnished by the Grantee to the County.·
(e) In the case of any emergency or disaster, the Grantee
shall, upon request of the County Administrator, make available,
free of charge, its facilities to the County for emergency use
during the emergency or disaster period.
Sec. 7.1-21. Tests and performance monitoring..
(a) Not later than ninety ~ys after any new or substan-
tially rebuilt portions of the system is made available for ser-
vice to subscribers, technical performance tests shall be con-
ducted by the Grantee to demonstrate full compliance with the
Technical Standards of the Federal Communications Commission and
this chapter. Such tests shall be performed by, or under the
supervision of, an engineer with proper training and experience
approved by the County. A copy of the report shall be submitted
to the County, describing test resul~s, instrumentation, calibra-
tion, and test procedures, and the qualifications of the engineer
responsible for the tests.
(b) System monitor test points shall be established at or
near the output of the last amplifier in ~he longest feeder line,
at or near trunk line extremities, at not fewer than eight widely
scattered locations. At least once each month, the following
data shall be obtained and recorded for each monitor test point,
made available for County inspection, and retained in Grantee's
files until the relevant portion of the system has been either
substantially rebuilt or replaced:
channel.
(1) Visual and aural carrier level on each active
(2) Carrier-to-noise ratio on at least four frequen-
cies distributed across the pass band (to avoid interrupting
· service, these measurements may be approximate, and will be used
only to detect significant changes).
(3) Visual inspection of picture quality on all actiw
channels to detect degradation in quality attributable to the
system. ~
(c) At any time after cormmencement of servi~e to subscri-
bers, the County may require additional tests, full or partial
repeat tests, different test procedures, or tests involving a
specific subscriber's terminal. Requests for such additional
tests will be made on the basis of complaints received or other
evidence indicating an unresolved controversy or significant
non-compliance, and such tests will be limited to the particular
matter in controversy. The County will endeavor to so arrange
its requests for such special tests so as to minimize hardship
or inconvenience to Grantee or to the subscriber.
78-437
(d) A copy of the annual performance tests report required
by the Federal Communications Commission shall be simultaneously
submitted to the County.
(e) The County shall have the right to employ qualified
consultants if necessary or desirable to assist in the adminis-
tration of this chapter.
Sec. 7.1-22. Complaint procedure.
(a) Except for circumstances beyond the Grantee's control,
the Grantee shall establish a maintenance service capable of lo-
cating and correcting major system malfunctions promptly. Such
maintenance service shall be available, in addition to normal
business hours, to correct such major system malfunctions affectin¢
a number of subscribers which occur from the time the Grantee's
main, local office closes until 12:30 a.m. Monday through Friday
and from 8:00 a.m. until 12:30 a.m. on Saturdays, Sundays and
holidays.
(b) A listed local telephone number shall be made available
to subscribers for service calls at any time of the day or night.
Investigative action shall be initiated in response to all ser-
vice calls, and corrective action shall be completed as promptly
as practicable. Appropriate records shall be made of service
calls, showing when and what corrective action was completed.
The Grantee shall furnish each subscriber at the time service is
installed written instructions that clearly set forth procedures
for placing a service call, or requesting an adjustment.
(c) The Grantee shall interrupt system service after 7:00
a.m. and before 1:00 a.m. only with good cause and for the shortes
time possible and, except in emergency situations, only after
publishing notice of service interruption at least twenty-four
hours in advance of the service interruption. Service may be
interrupted between 1:00 a.m. and 7:00 a.m. for routine testing,
maintenance, and repair, without notification, any night except
Friday, Saturday or Sunday, or the night preceding a holiday.
Sec. 7.1-23. Conditions of street occupancy.
The County hereby grants to the Grantee the right to use all
public ways owned by the County for~the purpose of installing
cable television structures, lines, equipment and facilities, so
long as such use is consistent with the legal rights owned by the
County and the requirements of this chapter. Prior to installing
any such structures, lines, equipment and facilities the Grantee
shall notify the County Utility Department of its plans and the
Utility Department may require such modifications as will protect
the existing utilities within the public way.
(a) Grantee shall utilize existing poles, conduits and
other facilities whenever possible, and all transmissions and
distribution structures, lines and equipment erected by the
Grantee within the County shall be so located as to cause minimum
interference with the proper use of streets, and to cause minimum
interference with property owners who adjoin such streets.
(b) Whenever the County shall require the relocation or re-
installation of any property of the Grantee in any of the public
ways within the County, it shall be the obligation of the Grantee
upon notice of such requirement to immediately remove and relocate
or reinstall such property as may be reasonably necessary to meet
the requirements of the County. Such relocation, removal or
reinstallation by the Grantee shall be at the sole cost of the
Grantee.
78-438
(c) Where the County or a public utility serving the County
desires to make use of the poles or other wire-holding structures
of the Grantee but agreement therefore with the Grantee cannot be
reached, the Board may require the Grantee to permit such use for
sUch consideration and upon such terms as the Board shall deter-
mine to be just and reasonable, if the Board determines that the
use would enhance the public convenience and would not unduly in-
terfere with the Grantee's operations.
(d) Wherever all electrical and telephone utility wiring is
located underground, either at the time of initial construction
or subsequently, the television Cable shall also be located
underground, at Grantee's own expense. If the facilities of
either the electric or the telephone utility are aerial, the
television facilities may be located underground at the request
of a property owner, provided that the excess cost of the instal-
lation, labor and materials of underground over aerial location
shall be paid by the property owner making the request to the
Grantee.
(e) Grantee shall, at its own expense and in a manner
approved by the County, restore to County standards and speci-
fications any damage or disturbance caused to the Public way as a
result of its operations or construction on its behalf. Grantee
shall guarantee and maintain such restoration for a period of one
year against defective materials or workmanship. If the public
way is not restored to the County's satisfaction, the County
shall have the right to have such work performed and charge such
cost to the Grantee.
(f) Whenever, in case of fire or other disaster, it becomes
necessary in the judgment of the Chiefs of the Fire or Police De-
partments to remove or damage any of the Grantee's facilities, no
charge shall be made by the Grantee against the County for restora-
tion and repair.
(g) Grantee shall have the authority to trim trees on
public property at its own expense as may be necessary to protect
its wires and facilities, subject to the supervision and direction
of the County. The Grantee shall obtain the written consent of
the County prior to trimming any trees within rights of way.
Article V. General Provisions.
Sec. 7.1-24. Protection of privacy.
(a) Grantee shall not permit the transmission of any sig-
nal, aural, visual or digital, including "polling" the channel
selection, from any subscriber's premises without first obtaining
written permission of the subscriber. This provision is not
intended to prohibit the use of transmission of signals useful
only for the control or measurement of system performance.
(b) Grantee shall not permit the installation of any special
terminal equipment in any subscriber's premises that will permit
transmission from subscriber's premises of two-way services uti-
lizing aural, visual or digital signals without first obtaining
written permission of the subscriber.
(c) It shall be unlawful for any person to attach or affix
or to cause to be attached or affixed any equipment or device
which allows access or use of the cable television service with-
out payment to the Grantee for same. The affixing or attaching
of any equipment or device capable of allowing access or use of.
the cable television service shall be deemed prima facie evidence
of a violation of this section.
78-439
(d) Any person violating this section shall be guilty of a
misdemeanor punishable by a fine of not more than $1,000.
Sec. 7.1-25. Compliance with state and federal law.
(a) The Grantee shall, at all times, comply with all laws
of the state and federal government and the rules and regulations
of any federal administrative agency. If any state or federal
law or rule or regulation of any federal administrative agency is
in conflict with the terms and conditions of this chapter or the
franchise, the Board shall, as soon as possible following know-
ledge thereof, amend this chapter and franchise in a manner to
bring both into compliance with such law, rule or regulation.
(b) Any further amendments or modifications of the Federal
Communication Commission's Rules for Cable Television affecting
this chapter or the franchise including allowable franchise fee,
may be incorporated at the option of the County into this chapter
and the franchise within one year of the adoption of such modifi-
cation or at the time of franchise renewal, whichever occurs
first.
(c) Nothing herein shall prevent Grantee from pursuing good
faith appeals from any laws or regulations of the state or federal
government with compliance with previous law or regulations if
permitted by the appropriate court or agency.
Sec. 7.1-26. Special license.
The County reserves the right to issue a license, easement
or other permit to anyone other than the Grantee to permit that
person to traverse any portion of the Grantee's franchise area
within the County in order to provide service outside the County.
Such license or easement, absent a grant or a franchise in accor-
dance with this chapter, shall not authorize nor permit such
person to provide a cable television service of any nature to any
home or place of business within the County nor to render any
service or connect any subscriber within the County to the Gran-
tee's cable television system.
Sec. 7.1-27. Franchise validity.
The Grantee agrees, by the acceptance of the franchise, to
accept the validity of the terms and conditions of this chapter
and the franchise in their entirety and that it will not, at any
time, proceed against the County in any claim or proceeding chal-
lenging any term or provision of this chapter or the franchise as
unreasonable, arbitrary or void or that the County did not have
the authority to impose such term or condition.
Sec. 7.1-28. Failure to enforce franchise and time essence.
(a) The Grantee shall not be excused from complying with
any of the terms and conditions of this chapter or the franchise
by any failure of the County, upon any one or more occasions, to
insist upon the Grantee's performance or to seek Grantee's com-
pliance with any one or more of such terms or conditions.
(b) Whenever this chapter or the franchise sets forth any
time for any act to be performed by or on the behalf of the Gran-
tee, such time shall be deemed of the essence and the Grantee's
failure to perform within the time allotted shall, in all cases,
be sufficient grounds for the County to invoke the remedies
available under the terms and conditions of this chapter and the
franchise.
(c) Nothing herein shall be construed to require the Gran-
tee to comply with the terms of this chapter or the franchise if
prevented from doing so by disaster, war, civil disobedience or
other Act of God.
78-440
Sec. 7.1-29. Rights reserved to the County.
The County hereby expressly reserves the following rights:
(a) To adopt, in addition to the provisions contained here-
in and in the franchise and in any existing applicable ordinances
such additional regulations as it shall find necessary in the
exercise of its police power provided, however, that such regula-
tions, by ordinance or otherwise, shall be reasonable and not in
conflict with the rights herein granted.
(b) To revoke, amend or modify the franchise granted pur-
suant to this chapter should the Federal Communications Commis-
sion, as a result of its certification or registration process,
require that substantial sections of the chapter be altered or
deleted.
Sec. 7.1-30.
Designation of County Administrator as Enforcing
Official.
In all instances where this chapter refers to the "County,"
without referring to a specific official, the appropriate repre-
sentative of the Board of Supervisors shall be the CoUnty Admin-
istrator.
Vote: Unanimous.
On motion of Mr. Bookman, seconded by Mrs. Girone, the Board
went into Executive Session to discuss personnel and to
discuss a business coming into the County which has made no
public announcement to dO so at this time.
Vote: Unanimous
Mrs. Girone excused herself from the meeting to attend a meeting
at the Capitol of the Subcommittee to Study Real Estate Tax
Exemption.
Reconvening:
On motion of the Board, the following resolution was adopted:
Whereas, Federal and State law prescribe the establishment
of a regional agency responsible for transportation planning
in metropolitan areas; and
Whereas, in the past fifteen years the regional transportation
planning agency in the Richmond metropolitan area has conducted
studies of the future transportation system needs in the
Richmond metropolitan area; and
Whereas, the aforementioned transportation system needs studies
have clearly indicated the need for a beltway, commonly known
as proposed I-~95 and Route 288, to accommodate traffic
generated by existing and future growth in the localities
comprising the Richmond metropolitan area as well as intra-
and inter-state travel; and
Whereas, population growth in Chesterfield County is exceeding
the population forecasts used in the regional transportation
needs studies, having increased since 1970 by 49 320 persons
or 64%; and ' '
Whereas, current efforts to establish a location for the
beltway have been criticized by some interests primarily on
the basis that the beltway is proposed "beyond the urbanized
area" and "may contribute to the exodus of business for the
City of Richmond"; and
78-441
Whereas, the concern that the proposed beltway is "beyond the
urbanized area" is groundless in that the rapidly urbanizing
communities of Midlothian, Brandermill, the Chesterfield
Courthouse area and Chester are located outside of the beltway;
and
Whereas, the concern that the beltway may contribute to the
exodus of business from the City of Richmond is unsupported and
misconstrues the fact that business activity follows the
population, and the fact that tremendous population growth has
occurred in Chesterfield County in spite of obvious highway
d~iciencies, and the fact that, unlike the City of Richmond,
there has never been a new highway section constructed in
Chesterfield County until the traffic demand has exceeded
a critical volume level; and
Whereas, land use decisions which must be made in Chesterfield
County within three years will eliminate all opportunities
to locate the beltway as close to the City of Richmond as
physically possible unless the location decision for the beltway
is completed within 18 months.
Now, Therefore, Be It Resolved that the Chesterfield County
Board of Supervisors strongly recommends that the Virginia
Department of Highways and Transportation proceed immediately
with all necessary actions to effect a location decision for
the Richmond Metropolitan Area~beltWay, 1-295/288.
Vote: Unanimous.
The Board asked that various interested state, local and
federal officials be sent a copy of this resolution.
On motion of Mr. Bookman, seconded by Mr. Apperson, $2,983.89
was appropriated to George D. Bowles in settlement of a
disputed legal claim involving the administration of Mr. Bowles'
disability retirement benefits. As a condition to resolving
the claim, the Bowles shall release the County from all
existing legal claims.
Vote: Unanimous.
10.
On motion of Mr. Apperson, seconded by Mr. Bookman, the Board:
mo
Decreased Planned Budget Expense account 111-1-31400-4123
Contingencies by $35,417.
Increased/decreased the various expense accounts in
Economic Development by the amounts shown:
Account Description
Increase
(Decrease)
Salaries
Dues and Subscriptions
Repairs & Maintenance
Telephone
Postage
Travel
Vehicle Operation
New Vehicle Lease
Insurance
Office Rental
Office Supplies
Furniture & Fixtures
Office Equipment
Advertising
Tuition
Prospect Development
6,392
6,400
3OO
4,500
4OO
(4,000)
1,400
2,100
225
4,800
1,000
3,900
2,400
3,000
6OO
2,000
35,417
78-442
13.
Vote: Unanimous
On motion of Mr, O'Neill, seConded by Mr. Apperson,
Ms. Karen Graham a~d Mr, Leon Crawley were appointed tO the
Ettrick Citizen Advisory Committee effeCtive immediately and
whose term will last for the ~duration of the grant period.
Vote: Unanimous
On motion of Mr. O'Neill, seconded by Mr. Appers°n, Messrs.
T. T. Crump and Liebert Hawkins were appointed to serve on the
Stadium Committee with Messrs. O'Neill and Apperson.
Vote: Unanimous
Mr. Meiszer stated he had received a letter from Judge Murphey
transmitting the feelings 'from the Chairman of the Grand Jury
on behalf of the Grand Jury of the fine work of the Police
Department.
The Board discussed the legislative packet which will be
presented to the legislators on November 27, 1978, consisting
of proposals for legislative changes during the 1979 General
Assembly.
78SR190
In Bermuda Magisterial District, Mr. Leonard P. Wheeler requested
renewal of a mobile home permit to park a mobile home on property
which he owns and better known as 10610 Seminole Avenue. (Tax
Map 98-6 (3) Bellmeade, Blk. 10, Lots 5-14, Sheet 32).
Mrs. Wheeler was present. It was indicated that a letter had
been received from one adj~acent property ownerinoppositionand 9
others had not signed. After further discussion of the matter,
it was on motion of Mr. Bookman, seconded by Mr. Apperson,
resolved that this request~be deferred until December 13, 1978.
Vote: Unanimous
78SR206
In Bermuda Magisterial District, Ms. Christian Roman requested
renewal of a mobile home permit to park a mobile home on property
which she owns and better known as 2310 Maywood Avenue. (Tax
Map 98-5 (2) Bellmeade, Blk. 9, Lots 63-65, Sheet 32).
Ms. Roman was present and stated that Realty Industries did not
sign the sheet but she had tried to reach them and it had been
passed from one person to the next. She indicated another land-
owner had not signed, but she did not have that name listed on
the sheet. There being no opposition, it was on motion of
Mr. Bookman, seconded by Mr. Apperson, resolved that this
request, be approved for a period of five years.
Vote: Unanimous
78SR207
In Bermuda Magisterial District, Mr. George Yow requested renewal
of a mobile home permit to park a mobile home on property which
he owns and better known as 2311 Maywood Avenue. (Tax Map 98-6
(3) Bellmeade, Blk. 10, Lots 17-22, Sheet 32).
Mr. Yow was present. There being no opposition present, it
was on motion of Mr, Bookman, seconded by Mr. Apperson, resolved
that this request be ~approved for a period of five years.
Vote: Unanimous.
78-443
78SR208
In Dale Magisterial District Mr. Lonnie R. Bolton requested
renewal of a mobile home 'permit to park a mobile home on
property which he owns and better known as 9012 Shawonodassee
Road (Tax Map 79-14 (I) Parcel 8, Sheet 22).
Mrs. Bolton was present. There being no opposition, it was on
motion of Mr. Apperson, seconded by Mr. Bookman, resolved that
this request be approved for a period of five years.
Vote: Unanimous
78SR210
In Dale Magisterial District, Mr. James W. Crane requested
renewal of a mobile home permit to park a mobile home on
property which he owns and better known as 9006 Shawonodassee
Road (Tax Map 79-14 (1) parcel 9, Sheet 22).
Mrs. Crane was present. There being no opposition, it was on
motion of Mr. Apperson, seconded by Mr. Bookman, resolved
that this request be approved for a period of five years.
Vote: Unanimous
78SR209
In Bermuda Magisterial District, Ms. Elsa Ann Small requested
renewal of a mobile home permit to locate a mobile home on
property which she owns and better known as 10125 Beaumont Avenue.
(Tax Map 97-4 (2) Central Park, Blk. 12, Lots 20-23, Sheet 23).
There being no opposition present, it was on motion of
Mr. Apperson, seconded bY Mr. Bookman, resolved that this
request be apProved for a period of five years.
Vote: Unanimous
78SR211
In Matoaca Magisterial District, Mr. Aubrey W. Minson, II, requestE
a mObile home ~permit to park a mobile home on property which he
owns. Tax Map 149-13 (3) IveY Tract, Blk B, Lots 10A llA & 12
(Sheet 41). ' '
Mr. O'Neill inquired if a favorable Health Department report
had been received. Mr. Balderson, Asst. Director of Community
Development, stated it had. Mr. Minson was present. There being
no opposition, it was on motion of Mr. O'Neill, seconded by
Mr. Apperson, resolved that this request be approved for a period
of five years.
Vote: Unanimous
78S212
In MatoaCa Magisterial District, Ms. Carol D. Quick requested
a mobile home permit to park a mobile home on property which she
owns. Tax MaP 163-7 (3) Kovac Acres Lots 116 117 and 118 (Sheet
49). ' '
Ms. Quick was present. There being no opposition, it was on
motion of Mr. O'Neill, seconded bY Mr, Bookman, resOlved that
this request be approved for a period of five years.
Vote: Unanimous
78-444
14.
78S213
In Dale Magisterial District, Ms, Betty Stephenson requested
a mobile home permit to park a mobile home on property which she
owns.~ Tax Map 66-1 (3) Ampthill Gardens, Section 2, Lot 47 and
48 (Sheet 22),
Ms, Stephenson was present and stated that she has a trailer
at this location, but because it is getting old she would like
to replace it, Mr. O'Neill inquired how many trailers would
then be on the lot. She indicated one, There being no opposition
it was on motion of Mr. Apperson, seconded by Mr. Bookman, resolve
that this request be approved for a period of five years.
Vote: Unanimous
78S037
In'Dale Magisterial District, John E. Harris requested rezoning
from Residential (R-7)' to Office Business (0) of a 2.46 acre
parcel fronting approximately 450 feet on Salem Street and
located approximately 30 feet east of its intersection with
Strathmore Road. Tax Map 53-6 (1) parcel 2 (Sheet 16).
Mr. Apperson stated that he had met with the residents and
inquired if~Mr0 Harris would consider the two requests made which
were:
1. That the architecture be wood and brick to be in accord with
the neighborhood; and
2. That the parcel be developed so that the first building be
built as close to Strathmore as practical.
Mr. Harris stated he had reservations about having the lower
portion of the lot prepared for building first because of the
expenses involved but that he would be glad to work with the
neighbors regarding the placement of the buildings. Mr. Apperson
stated that so far a compromise has not been made and perhaps
more time is needed. There was some discussion regarding a
site plan being approved, the neighbors getting used to the
buildings being there by constructing the one closest to
Strathmore first, in the case the one driveway is not enough
access that this would have to go back before the Planning Commissi~
and the Board of Supervisors, and the explanation of proffered
zoning. Mr. Harris stated he had received letters from Mr. and
Mrs. Robert Glover and Mary K. Burton who agreed with this
rezoning. There were six people present from the community
regarding this case. After further consideration of this
matter Mr. Harris stated the conditions were agreeable. There
being no further discussion, it was on motion of Mr. Apperson,
seconded by Mr. Bookman, resolved that this request be approved
subject to the following conditions:
A buffer strip having a minimum width of 40 feet shall
be provided along the south and east property lines. A
single access drive having a width not greater than 25 feet
shall be permitted through this buffer to Salem Street. The
access drive shall be located as close as practical to the
intersection of Sa%em Street and Strathmore Road. With the
exception of the 25 foot width for the access drive, no
portion of the buffer shall be cleared, graded or other-
wise disturbed and further, any existing cleared area
greater than 200 feet shall be replanted with evergreen
plants and shrubs having a sufficient height to afford a
reasonable screen for all buildings and parking areas.
No more than 2 office buildings may be permitted on the
parcel. These buildings shall not exceed 2 stories or
35 feet in height, whichever is less.
78-4z~5
Only one sign, no greater than 4 square feet, shall be
permitted, This sign shall not be illuminated nor shall it
be luminous.
All exterior lighting shall be low level in nature, poles
not exceeding 15 feet in height, and such lighting shall be
directed .so as not to project into adjacent properties.
o
The buidings to be erected on the parcel shall be constructed
either of brick or wood. No metal nor other masonry materials
shall be permitted. The finish colors of the buidings shall
employ natural, earth tones and blend with existing vegetation
on the parcel.
The architectural style to be employed in the design of the
buildings shall be compatible with the surrounding neighbor-
hood.
The Site Plan shall be submitted and approved by the staff'
of Community Development as well as the Supervisor represent-
ing this district prior to the rezoning becoming effective.
Vote: Unanimous
78S150
In Matoaca Magisterial District, George T. Harryman requested
rezoning from Agricultural (A) to Residential (R-15) of 11.4 acres
on a parcel which lies approximately 800 feet off the west line
of Woodpecker Road measured from a point approximately 4400 feet
north of its intersection with Reedy~Branch Road. Tax Map 146
(1) part of parcel 26 (Sheet 40)~
Mr. Balderson stated the applicant has requested that this
case be deferred until a later date. After further
consideration of the matter, it was on motion of Mr. O'Neill,
seconded by Mr. Bookman, resolved that this request be deferred
until January 24, 1979.
Vote': Unanimous
78S173
In Dale Magisterial District, Meadowdale Square requested
rezoning from Residential (R~7) to Office Business (0) of a 2.5
acre parcel fronting approximately 510 feet on Meadowdale
Boulevard, and located approximately 240 feet west of its inter-
section with Hopkins Road. Tax Map 52-11 (13) Chesterwood,
Section B, Block A, Lots 1 through 7. (Sheet 15).
There being no one present tO represent this case, it was
generally agreed to defer it until later in the day.
78S175
In Bermuda Magisterial District, Russell B. and Peggy C. Winn
requested rezoning from Community Business (B-2) to General
Business (B-3) of a .683 acre parcel fronting approximately 100
feet on Jefferson Davis Highway and located approximately 710
feet south of its intersection with Reymet Road. Tax Map 82-13
(1) part of parcel 10 (Sheet 23).
Mr. Russell Winn was present, There being no opposition, it was
on motion of Mr. Bookman, seconded by Mr. Apperson, resolved that
this request be approved.
Vote: Unanimous
78-446
78S176
In Midlothian Magisterial District, Harry J~ Bolton requested
rezoning from Community Business (B-2) to General Business (B-3)
of a 2.0 acre parcel fronting approximately 200 feet on
Midlothian Turnpike and located approximately 350 feet west of
its intersection with ReSearch 'Road. Tax Map 17-5 (1) part of
parcel 2 (Sheet 8),
Mr. Fred Anderson and Mr. Hubbard were present representing
the applicant. There being no opposition present, it was on
motion of Mr, Bookman, seconded by Mr. Apperson, resolved that
this request be approved subject to the condition that all
outside storage and display be concealed from view by the
utilization of a buffer consisting of solid fencing not less
than six feet in height.
Vote: Unanimous
78S180
In Bermuda Magisterial District, Primary Oil and Energy
Corporation requested rezoning from Light Industrial (M-l)
to General Business (B-3) plus a Conditional Use for Planned
Development to allow for storage of petroleum products in excess
of 50,000 gallons on a 2.0 acre parcel fronting approximately
550 feet on Ramblewood Road and located approximately 400 feet
north of its intersection with Old Bermuda Hundred Road. Tax
Map 117-13 (1) part of parcel 2 (Sheet 33).
A gentleman representing Primary Oil and Energy inquired if a
site plan could be submitted for a larger storage area.
Mr. Balderson stated he would have to submit another application.
He added further, that the staff is looking towards amending
the zoning ordinance eliminating the 30% section which would be
what Primary Oil and Energy would be interested in. There being
no further discussion of the matter, it was on motion of
Mr. Bookman, seconded by Mr. Apperson, resolved that this request
be approved subject to the condition that prior to the release
of any building permits, the applicant shall submit detailed
site plans for approval.
Vote: Unanimous
78S183
In Clover Hill Magisterial District, Ludson W. Hudgins requested
a Conditional Use to permit storage and service of boats,
recreational vehicles and heavy road construction equipment in
an Agricultural (A) District on a 15.93 acre parcel fronting
approximately 900 feet on Baldwin Creek Road and located
approximately 2320 feet north of its intersection with Beach Road.
Tax Map 89 (1) parcel 30-1 (Sheet 28).
Mr. John Dodson was present representing the applicant. He
stated there would not be any physical changes to the buildings,
the main interest has been from boat owners and trailer owners
and should not have any earth-moving equipment, Mr. Hudgins will
still reside at this location and will keep it in nice and
orderly condition. Mrs. Carolyn Wood was present and stated the
road zs small, traffic accidents have occurred on this road and sh.
would like to see a sign indicating vehicles entering the road.
Mr. Bookman stated that would be a highway department matter
but he would contact them to see what could be done. There being
no opposition, it was on motion of Mr. Bookman, seconded by
Mr. Apperson, resolved that this request be approved subject to
the~following conditions:
78-447
This Conditional Use shall be granted to and for Ludson W,
Hudgins, exclusively, and shall not be transferrable nor
run with the land,
This Conditional Use shall be granted for a period not to
exceed five (5) years from date of approval, and may be
renewed upon satisfactory reapplication and the demonstration
that this use does not prove detrimental to either the parcel
in question or adjacent properties.
Ail activity associated with the use shall be confined to.
the interior of existing structures located on the parcel or th
the area between the buildings 3 and 4 as shown on the site
plan presented with the application.
m
The proposed storage area between buildings 3 and 4 shall be
used exclusively for the storage of boats, recreational
vehicles and heavy road construction equipment. No other
area of the parcel shall be utilized for this purpose nor
shall any repair work be permitted outside of any structure.
A solid fence having a height of not less than 6 feet shall be
constructed between buildings 3 and 4.
Approval of this Conditional Use shall not constitute an
approval of a junk yard. No motor vehicle parks, scrap or
any other material shall be permitted on any portion of
the parcel. No inoperable boats, recreational vehicles or
heavy construction equipment shall be permitted.
Hours of operation shall be confined to between 8:00 a.m. and
9:00 p.m. No other activity including the moving of boats,
recreational vehicles or heavy construction equipment shall
occur at any other time.
Vote: Unanimous
78S184
In Dale Magisterial District, R. O. Spencer requested a
Conditional Use for an outdoor recreational facility (Go-cart
track) in an Agricultural (A) District and a General Business
(B-3) District on a 4 acre parcel fronting approximately 800 feet
on VA Route 10, also fronting approximately 500 feet on Beulah
Road and located in the southeast quadrant of the intersection of
these roads. Tax Map 79-4 (1) parcel 5 (Sheet 22).
Mr. Spencer was present and indicated that this would be more
or less a temporary situation until sewer and water is brought to
the area. He stated the only time this would be in operation is
on Saturdays from approximately 3:00 p,m. to 10:00 p.m., the track
would be wet down so that·dust would not be a problem, he would
be agreeable to the carts being required to have mufflers, the
go-cart races would be sanctioned races and not the everyday
carts racing all the time. Ms. Patricia Woodcock, an adjacent
property owner, was present in opposition stating the noise,
dust, fumes from the go-carts, and odor from the restroom
facilities as reasons. She stated her husband was terminally ill
as well as another man in the area,and these pollution factors
would be harmful to them. Mr. Howard Moorely, a property owner
across Route 10 also stated his opposition for the reasons
Ms. Woodcock listed as well as traffic problems with Route 10.
Mr. Spencer stated the Woodcocks' land is deep enough so that this
should not bother them and Mr. Moorely does not live on the land
which is wooded. Ms, Woodcock stated there was a petition signed
by approximately 43 people in opposition to this request.
Mr. Spencer stated the people who signed the petition did not live
close by.. Mr. Apperson stated he felt this is a family oriented
operation and the Spencer's are trying to utilize the land for'a
tem~orarv time until a better use of ~he land can be made, as
stated by Mr. Spencer. After further consideration of this matter,
78-448
it was 'on motion of Mr. Apperson, resolved that this
requeSt be approved and because of existing health situations
in the area the approval is subject to all go-carts using
mufflers and is approved for a one year period.
Ayes: Mr. O'Neill and Mr. Apperson.
Abstention: Mr. Bookman because he does not feel it is
compatible with the area.
Absent: Mrs. Girone and Mr. Dodd.
78S186
In Midlothian Magisterial District, The Bon Air Green Company
requested four amendments to a previously gr.anted Conditional
Use for Planned Development: 1) to permit the elimination of
the required 20 foot sideyard setback; 2) to allow the total
square footage of office space to be increased to 27,700 square
feet; 3) to permit a sandwich shop; and 4) to permit an additiona
free-standing sign on a 2.37 acre parcel fronting approximately
425 feet on Forest Hill Avenue and also fronting approximately
82 feet on Huguenot Road, and located in the southwest quadrant
of the intersection of these roads. Tax Map 10-2 (2) Bon Air
Knolls Annex, Lot 17 and Park of 18 (Sheet 3').
Mr. Woolfolk was present and stated he had discussed this
matter with Mrs. Girone and agreed to her reco~mnended conditions.
There being no opposition, it was on motion of Mr. Bookman,
seconded by Mr. Apperson, resolved that:
Amendment Number 1 be approved allowing for the elimination
of the required 20 foot sideyard setback along the west
property line only.
Amendment Number 2 be approved allowing the total square
footage permitted to be increased to 27,700 square feet.
3. Amendment Number 3 be denied.
Amendment Number 4 be approved allowing for an additional
free standing sign compatible with the architectural style
of the project. A luminous sign similar to Citizens Savings
and Loan across the road or Bon Air Green sign at the next
corner shall be allowed. Prior to the erection of the sign,
a rendering shall be submitted to the Division of Develop-
ment Review for approval. The above noted conditions,
notwithstanding all sign requirements of the Office Business
(0) District shall be applicable. The proposed sign shall
'be located on the corner of Forest Hill Awenue and Huguenot
Road.
Vote: Unanimous
78S187
In Bermuda Magisterial District, Chester Moose Lodge #1980,
requested a Conditional Use for Planned D~velopment for
construction and operation of a nonprofit social lodge and
recreational facilities and grounds appurtenant thereto in a
Residential (R-7) District on a 15.94 acre parcel fronting
approximately 800 feet on Chester Road and located approximately
600 feet north of its intersection with Kingsland Road. Tax Map
81-7 (3) Oakdale, Lots 10-25 and 81-11 (3) Oakdale, Lots 18A
and 18B (Sheet 23).
There being no one present representing the application b~t
20 people who were opposed, it was on motion of Mr. Apperson,
seconded by Mr. Bookman, resolved that this request be denied.
Vote: Unanimous
78-449
? 8S173
In Dale Magisterial District, Meadowdale Square requested rezoning
from ReSidential (R-7) to Office Business (0) of a 2.5 acre
parcel fronting approximately 510 feet on Meadowdale Boulevard,
and located approximately 240 feet west of its intersection with
Hopkins Road, Tax Map 52-11 (13) CheSterwood, Section B, Block A,
Lots 1 through 7. (Sheet 15).
There being no opposition preseBt, it was on motion of
Mr. Apperson, seconded by Mr. Bookman, r~solved that this request
be approved subject tO the following conditions:
A single access drive to Meadowdale Boulevard shall serve
as the only access for development of tee parcel in question.
This access shall be located as close to Hopkins Road as
possible.
Ail structures erected on the parcel shall have a Colonial
(Sycamore Square-type) residential design.
A ~uffer having a width of not less than 25 feet shall be
provided along the west, south and east property lines. This
buffer shall consist of a combination of existing vegetation
and supplemental planting which shall be at least six feet
in height and screen all parking areas from view of the
adJ ae~nt property.
Ail lighting associated with this use shall be low level
and shall be designed so as not to project into adjacent
property.
Prior to obtaining a building permit, the area of Chesterwood
subdivision comprising the request parcel shall be vacated.
Vote: Unanimous
On motion of Mr. Bookman, seconded by Mr. Apperson, the Board
adjourned at 4:15 p.m. until 12:00 noon on November 27, 1978.
Vote: Unanimous
-NiCholas M. Meiszer
County Administrator
Merlin'O'.Neill, Sr. x -'-
Chairmsn
78-450