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04-21-2022 Regular Meeting • MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE LOCATED AT 17090 MONUMENT CIRCLE, ISLE OF WIGHT, VIRGINIA ON THURSDAY, THE TWENTY-FIRST DAY OF APRIL IN THE YEAR TWO THOUSAND AND TWENTY-TWO PRESENT: Rudolph Jefferson, District 3, Chairman William M. McCarty, District 2, Vice-Chairman Richard L. Grice, District 1 Don G. Rosie, II, District 5 ABSENT Joel C. Acree, District 4 ALSO IN ATTENDANCE: Mandy Rogers, Attorney Randy R. Keaton, County Administrator Donald T. Robertson, Assistant County Administrator Carey Mills Storm, Clerk CALL TO ORDER Chairman Jefferson called the meeting to order at 4:00 p.m. APPROVAL OF AGENDA Supervisor McCarty moved that the agenda be approved as presented. The motion was adopted unanimously (4-0) with Supervisors Jefferson, McCarty, Grice and Rosie voting in favor of the motion; no Supervisor voting against the motion; and Supervisor Acree absent from the meeting. SPECIAL PRESENTATION Michelle Clark, Director of Human Resources, introduced Stasey Whichel, Evergreen Solutions, who provided a virtual overview of the Compensation & Classification Study currently underway. CLOSED MEETING The following matters were identified for discussion in closed meeting by Attorney Mandy Rogers: A discussion concerning a prospective business or the expansion of an existing business where no previous announcement has been made of business' interest in locating or 'expanding its facilities in the Shirley T. Holland Industrial Park and/or the Rt. 460 83-acre site, pursuant to subsection 5 and a discussion regarding the appointment of specific appointees to County boards, committee or authorities as set forth in the agenda, pursuant to subsection 1. 1 Upon motion of Supervisor McCarty, the Board entered the closed meeting for the reasons stated by Attorney Rogers. The motion was adopted unanimously (4-0) with Supervisors Jefferson, McCarty, Grice and Rosie voting in favor of the motion; no Supervisor voting against the motion; and Supervisor Acree absent from the meeting, Upon motion of Supervisor McCarty and all voting in favor (4-0), the Board reconvened into open meeting. Attorney Rogers reminded the Board that in accordance with Section 2-10(G) of the Board's Rules & Procedure, all those who participated in the closed meeting are reminded that all matters discussed in closed meeting are to remain confidential, as provided under the Virginia Freedom of Information Act, and that such matters as were discussed in closed meeting should not be acted upon or discussed in public by any participant unless and until a public, formal action of the Board of Supervisors is taken on that particular subject matter. Upon motion of Supervisor McCarty and all voting in favor (4-0), the following Resolution was adopted: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Acree, Grice, Jefferson, McCarty. Rosie NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 INVOCATION Supervisor McCarty delivered the invocation and led the pledge of allegiance to the American Flag. 2 CITIZENS' COMMENTS Steven Kirkpatrick, Board of Directors, Western Tidewater Free Clinic, thanked the Board for its past financial support and reported on services provided by that clinic to County residents last year. Volpe Boykin of District 5 expressed support of the Resolution to Amend the Budget and Appropriate Funding from Community Partners for the Sheriff's Office National Night Out Program ($2,000) under the Consent Agenda. Shelley Perry of District 3 expressed concern with increases in taxes and her water bill. Herb DeGroft of Mill Swamp Road spoke in support of School Resource Officers being in the County's elementary schools. CONSENT AGENDA A. Resolution to Appoint Gary L. Eanes, Partner, of Wampler-Eanes Appraisal Group Ltd., Assessor for the FY23 General Reassessment of Real Estate for Isle of Wight County B. Resolution to Amend the FY2021-22 Grant Fund Budget and Appropriate Funds from the Virginia Department of Motor Vehicles Animal Friendly License Plate Program ($960) C. Resolution to Amend the Budget and Transfer Funds to the Debt Service Reserve Fund ($437,000) D. Resolution to Amend the FY2021-22 Grant Fund Budget and Appropriate Coronavirus (COVID-19) Pandemic Safe Opening and Operation Work Eligible for FEMA Public Assistance ($208,669) E. Resolution to Amend the Budget and Appropriate Funding from Community Partners for the Sheriff's Office National Night Out Program ($2,000) F. Resolution to Designate the Month of May 2022 as Business Appreciation Month G. Employment Agreement for the County Attorney H. Resolution to Budget and Appropriate Insurance Proceeds from VaCorp Risk Management and Progressive Insurance for Repairs of County Property ($3,407) I. Minutes January 10, 2022 Retreat Minutes March 3, 2022 Work Session Minutes 3 April 7, 2022 Work Session Minutes Supervisor McCarty moved that the Consent Agenda be adopted as presented. The motion was adopted unanimously (4-0) with Supervisors Jefferson, McCarty, Grice and Rosie voting in favor of the motion; no Supervisor voting against the motion; and Supervisor Acree absent from the meeting. REGIONAL AND INTER-GOVERNMENTAL REPORTS No reports were offered. APPOINTMENTS Chairman Jefferson moved that James Ford be reappointed to represent District 3 on the Economic Development Authority. The motion was adopted unanimously (4-0) with Supervisors Jefferson, McCarty, Grice and Rosie voting in favor of the motion; no Supervisor voting against the motion; and Supervisor Acree absent from the meeting. SPECIAL PRESENTATIONS Tommy Catlett, Franklin Residency, VDOT, provided updates on maintenance and construction. Supervisor McCarty notified Mr. Catlett about potholes on Smith's Neck Road and Titus Creek. He advised that there is not adequate room for a vehicle to wait before merging into oncoming traffic coming out of Channel Way. COUNTY ATTORNEY'S REPORT No report was offered. PUBLIC HEARINGS A. Resolution to Approve the VDOT FY2023-2028 Secondary Six-Year Improvement Plan Jamie Oliver, Transportation Planner, advised that the Plan shows an increase this year of $120,000. It was reported that Rattlesnake Trail will be paved this year and Woody's Acre Way and Blair Creek Way will remain in the Plan and be paved in FY2025. Chairman Jefferson opened the public hearing and called for persons to speak in favor of or in opposition to the proposed Resolution. No one appeared in favor or in opposition. Chairman Jefferson closed the public hearing and called for comments from the Board. 4 Supervisor McCarty moved that the following Resolution be adopted: RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY TO APPROVE PRIORITIES FOR THE VIRGINIA DEPARTMENT OF TRANSPORTATION'S SECONDARY SIX-YEAR IMPROVEMENT PROGRAM FOR FY 2022 THROUGH FY 2027 WHEREAS, Sections 33.2-331 of the Code of Virginia(1950, as amended) provide the opportunity for each county to work with the Virginia Department of Transportation (VDOT) in developing a Secondary Six-Year Improvement Program (SSYIP); and, WHEREAS, this Board has held a public hearing on the proposed Plan (FY 2023-FY 2028), in accordance with VDOT policies and procedures, on April 21, 2022 and all citizens of the County had the opportunity to make comments and recommendations concerning the proposed Program; and, WHEREAS, VDOT Local Program and Residency staff have reviewed and concurred with the proposed SSYIP (FY 2023-FY 2028). NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight Virginia that the Secondary Six-Year Improvement Program for FY 2023-2028 is hereby approved, as presented at the public hearing. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to execute all Program documents and make such accounting adjustments and execute such agreements and contracts for projects as necessary to proceed with the Program as approved. The motion was adopted unanimously (4-0) with Supervisors Jefferson, McCarty, Grice and Rosie voting in favor of the motion; no Supervisor voting against the motion; and Supervisor Acree absent from the meeting. B. Proposed Operating and Capital Budgets for Fiscal Year 2022-23, Related Ordinances, and the FY2023-32 Capital Improvements Plan. Under the General Fund County Administrator Keaton advised that the proposed FY2022-23 Operating and Capital Budgets include an advertised General Fund Operating Budget of$88,986,738 which equates to a $4.7 million increase over the FY22 General Fund Budget; includes a $687,000 transfer to Capital Projects; and includes 11 new positions. Under Taxes, the County's real estate tax rate of $0.85 remains unchanged; the Personal Property tax rate is $3.90 (a $.60 decrease); $65.5 million is included from General Property taxes; other taxes remain unchanged; includes a proposal to increase connection fees; and a 5% increase in the water consumption rate. Under General Fund revenues, there were increases in Real Estate Taxes, Personal Property Taxes, Sales & Use Taxes, Meals Tax, M&T Taxes, County tax on recordation/wills and EMS charges. There were decreases in interest, business equipment, public'service real estate, utility tax and the communications tax. Under General Fund Expenses, there were 5 increases in the Pay Plan and a 4% COLA, new positions, Public Safety, school system, capital projects and Social Services. There were decreases in the Debt Service Reserve and a transfer to Public Utilities. Under staffing, there are 11 new proposed positions and one position from part-time to full-time. Compensation/benefits include salary study adjustments, a 4% salary adjustment and an increase in health insurance • premiums. Debt service is at $12.8 million which includes the 2020 and 2022 General Obligation Bonds, a 3.4% increase, no increase in the Real Estate Tax rate and a Debt Service Reserve Fund of $5 million. Chairman Jefferson called for persons to speak in favor of or in opposition to the proposed budgets, ordinances and Capital Improvements Plan. Steve Kepnes, Chief Financial Officer, School Division, on behalf of Dr. Thornton, thanked the Board for its past financial support and stated the schools are requesting a 1.97% local increase. Jonathan Powell of 14220 Bowling Green Road in Windsor spoke in support of the Georgia D. Tyler Middle School and requested that the Board approve the school's 2022-23 budget. Candice Phelps, Counselor at Smithfield High School, requested that the Board fully fund the school's budget. Angela Gibson of the Newport District requested the Board's full support of the school's 2022-23 budget. Dana Fowler of Suffolk who has two children who attend Windsor High School requested the Board to fully fund the school's 2022-23 request. Volpe Boykin of District 5 asked the Board to ensure that School funds are not being spent on anything that is in violation of the Governor's Executive Order #1 and the directives from the current Virginia Department of Education. He added that the School Division should provide a detailed accounting of what the funds are spent on. Shelley Perry of District 3 stated the Board should be reviewing any funds spent by the School Board and that it should be held accountable for any funds spent. Pam Vaughan of District 5 spoke in favor of the Blackwater Regional Library Board's request for funding. She provided an overview of the services provided by that Board. Jason Moore of Zuni spoke in favor of the Board approving the school's budget. He advised that he has children attending the Windsor Elementary and Windsor High schools and he has witnessed exceptional growth, academically, socially and personally in his children. Chairman Jefferson closed the public hearing and called for comments from the Board. It was noted that under the Code of Virginia, the Board cannot act on the budget for a minimum of seven days following the public hearing. 6 C. Ordinance Amendment for Electronic Summons Chairman Jefferson opened the public hearing and called for persons to speak in favor of or in opposition to the proposed ordinance amendment. No one appeared and spoke. Chairman Jefferson closed the public hearing and called for comments from the Board. Supervisor McCarty moved that the following ordinance amendment be adopted: ORDINANCE ADOPTING CHAPTER 1, SEC. 1-7.4. - ELECTRONIC SUMMONS SYSTEM ASSESSMENT TO THE CODE OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA WHEREAS, pursuant to Va. Code §17.1-279.1, the governing body of any locality may impose a fee not to exceed $5.00 as part of the costs for each criminal and traffic case in both the District Court, and the Circuit Court; and WHEREAS, said fee must be used to fund software, hardware, and associated equipment costs for the implementation and maintenance of an electronic summons system; and WHEREAS, the Isle of Wight County Board of Supervisors desires to assess said "Electronic Summons System" fee. NOW,THEREFORE, BE IT ORDAINED that the Isle of Wight County Board of Supervisors hereby adopts Chapter 1, Sec. 1-7.4. - Electronic Summons System Assessment - to the Code of the County of Isle of Wight, Virginia, as stated below: • Sec. 1-7.4 - Electronic Summons System Assessment There shall be imposed an electronic summons system fee of five dollars ($5.00) on any defendant convicted of any statute or ordinance in each criminal or traffic case in Isle of Wight County District or Circuit Court. The fee shall be ordered as a part of court costs collected by the appropriate clerk of the court and shall be remitted to the Isle of Wight County Treasurer subject to appropriation by the Isle of Wight County Board of Supervisors to the Isle of Wight County Sheriff's Department for the funding and maintenance of an electronic summons system, in accordance with the provisions of §17.1-279.1 of the Code of Virginia,1950, as amended. BE IT FURTHER ORDAINED that this ordinance shall be effective on July 1, 2022, at 12:01 a.m. The motion was adopted unanimously (4-0) with Supervisors Jefferson, McCarty, Grice and Rosie voting in favor of the motion; no Supervisor voting against the motion; and Supervisor Acree absent from the meeting. D. Updates to the Cable Franchise Ordinance Chairman Jefferson opened the public hearing and called for those to speak in favor of or in opposition to the proposed updates. Shelley Perry of District 3 commented that she would like to see another company provide service in the County to give Charter competition. Chairman Jefferson closed the public hearing and called for comments from the Board. Supervisor McCarty clarified that any company could come into the County at any time and offer service. Supervisor McCarty moved that the following revisions to the Cable Franchise ordinance be adopted: CHAPTER 4.1. - CABLE FRANCHISE ORDINANCE. An ordinance granting a nonexclusive franchise to Spectrum Southeast, LLC, locally known as CHARTER COMMUNICATIONS, hereinafter referred to as the "Grantee." to operate and maintain a community television system; setting forth conditions accompanying the grant of franchise; providing for the county regulation of the community television system; and prescribing penalties for the violation of its provisions. Be it ordained by the board of supervisors of Isle of Wight County, Virginia, hereinafter referred to as the "Grantor" that SECTION 1 Definition of Terms 1.1 Terms. For the purpose of this franchise the following terms, phrases, words and their derivations shall have the meaning ascribed to them in the Cable Communications Policy Act of 1984, as amended from time to time (the "Cable Act"), unless otherwise defined herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning. A. "Cable System," "Cable Service," and "Basic Cable Service" shall be defined as set forth in the Cable Act. B. "Board" shall mean the governing body of the Grantor. C. "Cable Act" shall mean the Cable Communication Policy Act of 1984, as amended, 47 U.S.C. §§ 521, et. seq. 8 D. "Channel" shall mean a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel. E. "Equipment" shall mean any poles, wires, cable, antennae, underground conduits, manholes, and other conductors, fixtures, equipment and other facilities used for the maintenance and operation of physical facilities located in the Streets, including the Cable System. F. "FCC" shall mean the Federal Communications Commission and any successor governmental entity thereto. G. "Franchise" shall mean the non-exclusive rights granted pursuant to this Franchise to construct operate and maintain a Cable System along the public ways within all or a specified area in the Franchise Area. H. "Franchise Area" shall mean the geographic boundaries of the Grantor, except any separate lawful municipal jurisdiction located therein, and shall include any additions thereto by annexation or other legal means. I. "Gross Revenue" means the same meaning as that term is defined in Virginia Code § 15.2-2108.19, meaning all revenue, as determined in accordance with generally accepted accounting principles, that is actually received by the Grantee and derived from the operation of the Cable System to provide Cable Service in the Service Area. J. "Service Area" shall mean the area described in subsection 6.1 hereto. K. "Standard Installation" shall mean installations to residences and buildings that are located up to 125 feet from the point of connection to Grantee's existing distribution system. L. "State" shall mean the State of Virginia. M. "Street" shall include each of the following located within the Franchise Area: public streets, roadways, highways, bridges, land paths, boulevards, avenues, lanes, alleys, sidewalks, circles, drives, easements, rights of way and similar public ways and extensions and additions thereto, including but not limited to public utility easements, dedicated utility strips, or rights-of-way dedicated for compatible uses now or hereafter held by the Grantor in the Franchise Area, which shall entitle the Grantee to the use thereof for the purpose of installing, operating, extending, repairing and maintaining the Cable System. N. "Subscriber" shall mean any Person lawfully receiving Cable Service from the Grantee. SECTION 2 Grant of Franchise 2.1 Grant. The Grantor hereby grants to the Grantee a nonexclusive Franchise which authorizes the Grantee to erect, construct, extend, operate and maintain in, 9 upon, along, across, above, over and under the Streets, now in existence and as may be created or established during its terms, all Equipment, including the Cable System. Nothing in this Franchise shall be construed to prohibit the Grantee from offering any service over its Cable System that is not prohibited by federal or State law. This ordinance and the right it grants to Grantee to use and occupy the public rights-of- way shall not be exclusive, and the Grantor reserves the right to grant other franchises for similar uses or for other uses of the public rights-of-way, or any portions thereof, to any person, or to make any such use itself, at any time, in accordance with the Virginia Act and other applicable law. This ordinance will serve as the basis for a franchise that may be granted to other than the Grantee. 2.2 Term. The Franchise and the rights, privileges and authority hereby granted shall be for an initial term of ten (10)years, commencing on the Effective Date of this Franchise as set forth in Section 15.13. This Franchise will be automatically extended for an additional term of five (5) years, unless either party notifies the other in writing of its desire to not exercise this automatic extension (and enter renewal negotiations under the Cable Act) at least three (3) years before the expiration of this Franchise. If such a notice is given, the parties will then proceed under the federal Cable Act renewal procedures. 2.3 Police Powers. The Grantee agrees to comply with the terms of any lawfully adopted generally applicable local ordinance necessary to the safety, health, and welfare of the public, to the extent that the provisions of the ordinance do not have the effect of limiting the benefits or expanding the obligations of the Grantee that are granted by this Franchise. This Franchise is a contract and except as to those changes which are the result of the Grantor's lawful exercise of its general police power, the Grantor may not take any unilateral action which materially changes the mutual promises in this contract. 2.4 Cable System Franchise Required. No Cable System shall be allowed to occupy or use the streets or public rights-of-way of the Franchise Area or be allowed to operate without a Cable System Franchise. SECTION 3 Franchise Renewal 3.1 Procedures for Renewal. The Grantor and the Grantee agree that any proceedings undertaken by the Grantor that relate to the renewal of the Grantee's Franchise shall be governed by and comply with the provisions of Section 626 of the Cable Act, or any such successor statute. SECTION 4 Indemnification and Insurance 4.1 Indemnification. The Grantee shall, by acceptance of the Franchise granted herein, defend the Grantor, its officers, boards, commissions, agents, and employees for all claims for injury to any Person or property caused by the negligence of Grantee in the construction or operation of the Cable System and in the event of a determination of liability shall indemnify and hold Grantor, its officers, boards, commissions, agents, and employees harmless from any and all liabilities, claims, Zo demands, or judgments growing out of any injury to any Person or property as a result of the negligence of Grantee arising out of the construction, repair, extension, maintenance, operation or removal of its wires, poles or other equipment of any kind or character used in connection with the operation of the Cable System, provided that the Grantor shall give the Grantee written notice of its obligation to indemnify the Grantor within ten (10) days of receipt of a claim or action pursuant to this Section. In the event any such claim arises, the Grantor shall tender the defense thereof to the Grantee and the Grantee shall have the right to defend, settle or compromise any claims arising hereunder and the Grantor shall cooperate fully herein. If the Grantor determines in good faith that its interests cannot be represented by the Grantee, the Grantee shall be excused from any obligation to represent the Grantor. Notwithstanding the foregoing, the Grantee shall not be obligated to indemnify the Grantor for any damages, liability or claims resulting from the willful misconduct or negligence of the Grantor or for the Grantor's use of the Cable System. 4.2 Insurance. A. The Grantee shall maintain throughout the term of the Franchise insurance in amounts at least as follows: Workers' Compensation Statutory Limits Commercial General Liability $1,000,000 per occurrence, $2,000,000 General Aggregate Auto Liability including coverage $1,000,000 per occurrence on all owned, non-owned hired Combined Single Limit autos Umbrella Liability $1,000,000 per occurrence B. The Grantor shall be added as an additional insured, arising out of work performed by Grantee, to the above Commercial General Liability, Auto Liability and Umbrella Liability insurance coverage. C. The Grantee shall furnish the Grantor with current certificates of insurance evidencing such coverage upon request. 4.3 No liability against Grantor. Except as otherwise provided by applicable law, The Grantee shall have no monetary recourse whatsoever against the Grantor, the board of supervisors, any member thereof, or any officer, agent, employee or member of a board or commission of the Grantor for any loss, cost, expense or damage occasioned by any requirement or duty imposed on Grantee by this ordinance or because of the enforcement of any such requirement or duty in accordance with this ordinance, but excepting there from liability arising out of any claim, demand, cause of action or proceeding resulting from the negligence or willful misconduct of the Grantor, the board of supervisors, any member thereof, or any officer, agent, employee or member of a board or commission of the Grantor, or resulting from the negligence or willful misconduct of the Grantor's use of the cable system, including any PEG channels. Additionally, this shall not prohibit the Grantee from seeking any other remedy that Grantee may have under applicable law. 11 SECTION 5 Service Obligations 5.1 No Discrimination. Grantee shall not deny service, deny access, or otherwise discriminate against Subscribers, Channel users, or general citizens on the basis of race, color, religion, national origin, age or sex. 5.2 Privacy. The Grantee shall fully comply with the privacy rights of Subscribers as contained in Cable Act Section 631 (47 U.S.C. § 551). SECTION 6 Service Availability 6.1 Service Area. Subject to applicable law, the Grantee shall continue to provide Cable Service to all residences within the Franchise Area where Grantee currently provides Cable Service (the "Service Area"). Grantee shall have the right, but not the obligation, to extend the Cable System into any other portion of the Franchise Area, including annexed areas. Cable Service offered to Subscribers pursuant to this Franchise shall be conditioned upon Grantee having legal access on reasonable terms and conditions to any such Subscriber's dwelling unit or other units wherein such Cable Service is provided. SECTION 7 Construction and Technical Standards 7.1 Compliance with Codes. All construction practices and installation of equipment shall be done in accordance with all applicable law, including, but not limited to, all applicable sections of the National Electric Safety Code. 7.2 Construction Standards and Requirements. All of the Grantee's Equipment shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with good engineering practices and performed by experienced maintenance and construction personnel. 7.3 Safety. The Grantee shall at all times employ ordinary care and shall use commonly accepted methods and devices preventing failures and accidents which are likely to cause damage. 7.4 Network Technical Requirements. The Cable System shall be designed, constructed and operated so as to meet those technical standards adopted by the FCC relating to Cable Systems contained in part 76 of the FCC's rules and regulate as may be amended from time to time. 7.5 Conditions of road and street occupancy. The Grantee shall install and maintain its wires, cables, fixtures, and other equipment in accordance with the requirements of the National Electrical Code as applicable in the county, and in such manner that they will not interfere with any installation of the Virginia Department of Transportation, Grantor or of a public utility serving the Grantor. 12 SECTION 8 Conditions on Street Occupancy 8.1 General Conditions. Grantee shall have the right to utilize existing poles, conduits and other facilities whenever possible, and shall not construct or install any new, different, or additional poles, conduits, or other facilities on public property provided Grantee is able to access existing poles, conduits, or other facilities on reasonable terms and conditions. 8.2 Underground Construction. The facilities of the Grantee shall be installed underground in those Service Areas where existing telephone and electric services are both underground at the time of system construction. In areas where either telephone or electric utility facilities are installed aerially at the time of system construction, the Grantee may install its facilities aerially with the understanding that at such time as the existing aerial facilities are required to be placed underground by the Grantor, the Grantee shall likewise place its facilities underground. In the event Grantor or any agency thereof directly or indirectly reimburses any utility for the placement of cable underground or the movement of cable, Grantee shall be similarly • reimbursed. 8.3 Construction Codes and Permits. Grantee shall obtain all legally required permits before commencing any construction work, including the opening or disturbance of any Street within the Franchise Area, provided that such permit requirements are of general applicability and such permitting requirements are uniformly and consistently applied by the Grantor as to other public utility companies and other entities operating in the Franchise Area. The Grantor shall cooperate with the Grantee in granting any permits required, providing such grant and subsequent construction by the Grantee shall not unduly interfere with the use of such Streets. 8.4 System Construction. All transmission lines, equipment and structures shall be so installed and located as to cause minimum interference with the rights and reasonable convenience of property owners and at all times shall be kept and maintained in a safe, adequate and substantial condition, and in good order and repair. The Grantee shall, at all times, employ ordinary care and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. Suitable barricades,flags, lights, flares or other devices shall be used at such times and places as are reasonably required for the safety of all members of the public. Any poles or other fixtures placed in any public way by the Grantee shall be placed in such a manner as not to interfere with the usual travel on such public way. 8.5 Restoration of Public Ways. Grantee shall, at its own expense, restore any damage or disturbance caused to the public way as a result of its operation, construction, or maintenance of the Cable System to a condition reasonably comparable to the condition of the Streets immediately prior to such damage or disturbance. 8.6 Tree Trimming. Grantee or its designee shall have the authority to trim trees on public property at its own expense as may be necessary to protect its wires and facilities. 13 8.7 Relocation for the Grantor. The Grantee shall, upon receipt of reasonable advance written notice, to be not less than ten (10) business days, protect, support, temporarily disconnect, relocate, or remove any property of Grantee when lawfully required by the Grantor pursuant to its police powers. Grantee shall be responsible for any costs associated with these obligations to the same extent all other users of the Grantor rights-of-way are responsible for the costs related to the relocation of their facilities. 8.8 Relocation for a Third Party. The Grantee shall, on the request of any Person holding a lawful permit issued by the Grantor, protect, support, raise, lower, temporarily disconnect, relocate in or remove from the Street as necessary any property of the Grantee, provided that the expense of such is paid by any such Person benefiting from the relocatio.n and the Grantee is given reasonable advance written notice to prepare for such changes. The Grantee may require such payment in advance. For purposes of this subsection, "reasonable advance written notice" shall be no less than ten (10) business days in the event of a temporary relocation and no less than one hundred twenty (120) days for a permanent relocation. 8.9 Reimbursement of Costs. If funds are available to any Person using the Streets for the purpose of defraying the cost of any of the foregoing, the Grantor shall reimburse the Grantee in the same manner in which other Persons affected by the requirement are reimbursed. If the funds are controlled by another governmental entity, the Grantor shall make application for such funds on behalf of the Grantee. 8.10 Emergency Use. Grantee shall comply with 47 U.S.C. 544(g) and all regulations issued pursuant thereto with respect to an Emergency Alert System ("EAS"). SECTION 9 Service and Rates • 9.1 Phone Service. The Grantee shall maintain a toll-free telephone number and a phone service operated to receive complaints and requests for repairs or adjustments at any time. 9.2 Notification of Service Procedures. The Grantee shall furnish each Subscriber at the time service is installed, written instructions that clearly set forth information concerning the procedures for making inquiries or complaints, including the Grantee's name, address and local telephone number. Grantee shall give the Grantor notice of any changes in rates, programming services or Channel positions in accordance with applicable law. 9.3 Rate Regulation. Grantor shall have the right to exercise rate regulation to the extent authorized by law, or to refrain from exercising such regulation for any period of time, at the sole discretion of the Grantor. If and when exercising rate regulation, the Grantor shall abide by the terms and conditions set forth by the FCC. Nothing herein shall be construed to limit the Grantee's ability to offer or provide bulk rate discounts or promotions. 9.4 Continuity of Service. It shall be the right of all Subscribers to continue receiving Cable Service insofar as their financial and other obligations to the Grantee are honored, and subject to Grantee's rights under Section 15.2 of this Franchise. 14 SECTION 10 Franchise Fees 10.1 Communications Sales and Use Tax. The Grantee shall comply with all applicable requirements of the provisions of Virginia Code § 58.1-645 et seq., as the same may be amended from time to time (the "Virginia Communications Sales and Use Tax"). Should, at any time during the 'term of this Franchise, the Virginia Communications Sales and Use Tax be repealed or amended to reduce or eliminate the payment of taxes by the Grantee on the provision of Cable Services over the Cable System, Grantor may,to the extent allowable under applicable law, require, upon one hundred twenty (120) days' written notice, that the Grantee pay to the Grantor a franchise fee based on Gross Revenue in an amount established by Grantor that is no greater than that allowed by federal law; provided, however, that (i) any such requirement to pay a franchise fee applies equally to all franchised Grantees in the Service Area; (ii) the Grantee shall not be compelled to pay a higher percentage of gross revenue as franchise fees than any other franchised Grantee providing service in the Service Area; and (iii) Grantee shall not be obligated to pay franchise fees on revenues not included in gross revenues by any other franchised Grantee in the Service Area. Any payment of franchise fees to Grantor pursuant to this Section 10 shall be made on a quarterly basis and shall be due forty-five (45) days after the close of each quarter. Each such franchise fee payment shall be accompanied by a brief report prepared by a representative of Grantee that shows the basis for the computation of all Gross Revenue derived during the period for which such franchise fee payment is made. 10.2 No limitation on taxing authority. Nothing in this ordinance shall be construed to limit any authority of the Grantor to impose any tax, fee, or assessment of general applicability. SECTION 11 Transfer of Franchise 11.1 Franchise Transfer. The Franchise granted hereunder shall not be assigned, other than by operation of law or to an entity controlling, controlled by, or under common control with the Grantee, without the prior consent of the Grantor, such consent not to be unreasonably withheld or delayed. No such consent shall be required, however, for a transfer in trust, by mortgage, by other hypothecation, or by assignment of any rights, title, or interest of the Grantee in the Franchise or Cable System to secure indebtedness. Within thirty (30) days of receiving a request for transfer, the Grantor shall notify the Grantee in writing of any additional information it reasonably requires to determine the legal, financial and technical qualifications of the transferee. If the Grantor has not taken action on the Grantee's request for transfer within one hundred twenty (120) days after receiving such request, consent by the Grantor shall be deemed given. SECTION 12 Records 12.1 Inspection of Records. Grantee shall permit any duly authorized representative of the Grantor, upon receipt of advance written notice, to examine during normal business hours and on a non-disruptive basis any and all of Grantee's records maintained by Grantee as is reasonably necessary to ensure Grantee's compliance 15 with the material terms of this Franchise. Such notice shall specifically reference the subsection of the Franchise that is under review so that the Grantee may organize the necessary books and records for easy access by the Grantor. The Grantee shall not be required to provide Subscriber information in violation of Section 631 of the Cable Act. The Grantor agrees to treat as confidential any books, records or maps that constitute proprietary or confidential information to the extent Grantee makes the Grantor aware of such confidentiality. If the Grantor believes it must release any such confidential books, records, or maps in the course of enforcing this Franchise, or for any other reason, it shall advise Grantee in advance so that Grantee may take appropriate steps to protect its interests. Until otherwise ordered by a court or agency of competent jurisdiction, the Grantor agrees that, to the extent permitted by State and federal law, it shall deny access to any of Grantee's books, records, or maps marked confidential, as set forth above, to any Person. 12.2 Communications with regulatory agencies. The Grantee shall provide to the Grantor, upon written request as required in Paragraph 15.8, a copy of any reports submitted by Grantee to the FCC or any other federal or State regulatory authority which directly concerns the Grantee's cable system in the franchise area. Copies of responses from these regulatory agencies to Grantee shall likewise be furnished to the Grantor upon written request as required in Paragraph 15.8. 12.3 Summary of resolved cable service complaints. The Grantee shall furnish to the Grantor, upon written request as required in Paragraph 15.8, a compilation summarizing the cable service complaints received and resolved during the reported year regarding interruptions or degradation of cable service in the franchise area. 12.4 Maps. Grantee shall maintain a current strand map showing the location of the cable system in the franchise area. The map shall be updated on a semi-annual basis if changes have been made. The Grantee shall furnish a copy of the strand map to the Grantor upon written request as required in Paragraph 15.8. SECTION 13 Public Education and Government (PEG) Access 13.1 PEG Access. Grantee shall provide one Channel on the Cable System for use by the Grantor for non-commercial, video programming for public, education and government ("PEG") access programming. The PEG Channel may be placed on any tier of service available to Subscribers. 13.2 Additional PEG channels. If the Grantor substantially utilizes its initial public, educational, and governmental access channel provided in Paragraph 13.1, it may by ordinance, after a public hearing to ascertain community need, and by notice to the Grantee as set forth in Paragraph 15.8, require one additional public, educational, and governmental access channel. Such additional PEG channel shall be placed on the limited basic cable service with a channel designation number close to the channel number designated for the PEG channel described in Paragraph 13.1, if channel • capacity at such designated location is available. Otherwise, Grantee will inform Grantor of options for location of the then two channels for approval by Grantor. For purposes of this subdivision, a public, educational, and governmental access channel, PEG channel, shall be considered to be "substantially utilized" when its content consists of locally produced, non-duplicative, non-automated (or character- generated) programming on a continuous basis for at least six consecutive weeks 16 exceeding an average of seventy percent of all viewable hours. Any such ordinance must apply equally to all providers of cable service and/or video service providers within the franchise area. The additional public, educational, and governmental access channel provided pursuant to such an ordinance that is not substantially utilized by the Grantor, as defined in this Paragraph, shall no longer be made available to the Grantor, but may be programmed at the Grantee's discretion. At such time as the Grantor can provide written certification to the Grantee of a schedule that meets the "substantially utilized" definition, the Grantee shall restore the previously re-allocated channel. 13.3 Interconnection. In the event of a request from any existing or future cable service franchisee, Grantee may interconnect its system with such franchisees in order to permit transmission of PEG programming on such other franchisees cable systems, subject to applicable law. Grantee may, in its discretion, negotiate in good faith with such franchisees respecting reasonable, mutually convenient, cost- effective, and technically viable interconnection points, methods, terms and conditions. Upon mutual agreement of the parties, the Grantee and such other franchisees may negotiate the precise terms and conditions of an interconnection agreement. 13.4 Service to certain facilities. A. Upon the request of the Grantor, by written notice to the Grantee as required in Paragraph 15.8, Company will offer, without charge and on a voluntary basis, one outlet of and equipment for basic cable service to the locations listed below, provided that the locations are located up to 150 feet from Company's existing distribution system: • Carrolton Volunteer Fire Department, 15020 Carrollton Boulevard, Carrolton, VA 23314 • Carrolton Public Library, 14362 New Town Haven Lane, Carrollton, VA 23314 • Isle of Wight County Courthouse, 17000 Josiah Parker Circle, Isle of Wight, VA 23397 • The County Administration Building, 17090 Monument Circle, Isle of Wight, VA 23397 • Isle of Wight Sherriff's Office, 17110 Monument Circle, Isle of Wight, VA 2339 • Isle of Wight County Sherriff's Department Satellite Office, Isle of Wight County Senior Center, 13036 Nike Park Road, Suite 2, Carrollton, VA 23314 Grantee shall provide at least ninety (90) days' written notice in advance of any decision to alter or discontinue providing the services listed above. B. The limited basic cable service provided pursuant to Paragraph 13.4(A) shall not be used for commercial purposes and such outlets shall not be located in areas open to the public. The Grantor shall take reasonable precautions to prevent any inappropriate use of the system that results in loss or damage to the Grantee. The Grantee shall not be required to provide an outlet, as required by Paragraph 17 143.4(A), if a standard drop of more than one hundred twenty-five feet is required, unless the Grantor or building owner/occupant agrees to pay in advance the incremental cost of any necessary extension or installation. 13.5 PEG capital fee. A. Grantee shall pay Grantor a quarterly recurring PEG capital fee to reimburse Grantor for capital costs it incurs for the purchase of PEG access equipment, facilities and for other lawful purposes. This amount shall be not less than twenty-five cents per basic customer per month during the term of the franchise. The initial PEG capital fee payment shall be made no later than sixty days from the effective date of the franchise, and thereafter on a calendar quarter basis no later than forty-five days after the end of the calendar quarter. B. The Grantor will be responsible for installing, operating, maintaining, and replacing all PEG related equipment purchased. As provided under federal law, PEG capital fee funds shall not be used for operating costs. The Grantor shall provide to Grantee copies of invoices of capital purchases no later than thirty days after the Grantor's receipt of the invoice. Said copy of the invoice shall be provided to Grantee in the manner specified in Paragraph 15.8. 13.6 Payments not communications sales and use tax. The PEG capital fee paid by the Grantee associated with the provision of support for PEG access pursuant to this Section does not constitute and is not a franchise fee under federal law, nor shall it be considered part of a communications sales and use tax payment, provided it is used in a manner consistent with applicable law. SECTION 14 Enforcement or Revocation 14.1 Notice of Violation. If the Grantor believes that the Grantee has not complied with the terms of the Franchise, the Grantor shall first informally discuss the matter with Grantee. If these discussions do not lead to resolution of the problem, the Grantor shall notify the Grantee in writing of the exact nature of the alleged noncompliance (the "Violation Notice"). 14.2 Grantee's Right to Cure or Respond. The Grantee shall have thirty (30) days from receipt of the Violation Notice to (i) respond to the Grantor, contesting the assertion of noncompliance, or (ii) to cure such default, or (iii) if, by the nature of default, such default cannot be cured within the thirty (30) day period, initiate reasonable steps to remedy such default and notify the Grantor of the steps being taken and the projected date that they will be completed. 14.3 Public Hearing. If the Grantee fails to respond to the Violation Notice received from the Grantor, or if the default is not remedied within the cure period set forth above, the Board shall schedule a public hearing if it intends to continue its investigation into the default. The Grantor shall provide the Grantee at least twenty (20) days prior written notice of such hearing, which specifies the time, place and purpose of such hearing, notice of which shall be published by the Clerk of the Grantor in a newspaper of general circulation within the Grantor in accordance with Paragraph 15.8. At the hearing, the Board shall give the Grantee an opportunity to 18 state its position on the matter, present evidence and question witnesses, after which it shall determine whether or not the Franchise shall be revoked. The public hearing shall be on the record and a written transcript shall be made available to the Grantee within ten (10) business days. The decision of the Board shall be made in writing and shall be delivered to the Grantee. The Grantee may appeal such determination to an appropriate court, which shall have the power to review the decision of the Board de novo. The Grantee may continue to operate the Cable System until all legal appeals procedures have been exhausted. 14.4 Enforcement. Subject to applicable federal and State law, in the event the Grantor, after the hearing set forth in Paragraph 14.3 above, determines that the Grantee is in default of any provision of the Franchise, the Grantor may: B. Seek specific performance of any provision, which reasonably lends itself to such remedy, as an alternative to damages; or C. Commence an action at law for monetary damages or seek other equitable relief; or D. In the case of a substantial default of a material provision of the Franchise, seek to revoke the Franchise itself in accordance with Paragraph 14.5 below. 14.5 Revocation. A Prior to revocation or termination of the Franchise, the Grantor shall give written notice to the Grantee of its intent to revoke the Franchise on the basis of a pattern of noncompliance by the Grantee, including one or more instances of substantial noncompliance with a material provision of the Franchise. The notice shall set forth the exact nature of the noncompliance. The Grantee shall have sixty (60) days from such notice to either object in writing and to state its reasons for such objection and provide any explanation or to cure the alleged noncompliance. If the Grantor has not received a satisfactory response from Grantee, it may then seek to revoke the Franchise at a public hearing. The Grantee shall be given at least thirty (30) days prior written notice of such public hearing, specifying the time and place of such hearing and stating its intent to revoke the Franchise. The public hearing shall be conducted in accordance with the requirements of Paragraph 14.3 above. B. Notwithstanding the above provisions, the Grantee reserves all of its rights under federal law or regulation. C. Upon revocation of the Franchise, Grantee may remove the Cable System from the Streets of the Grantor or abandon the Cable System in place. SECTION 15 Miscellaneous Provisions 15.1 Compliance with Laws. Grantor and Grantee shall conform to all applicable state and federal laws and rules regarding cable television as they become effective. Grantee shall also conform with all generally applicable Grantor ordinances, resolutions, rules and regulations heretofore or hereafter adopted or established 19 during the entire term of the Franchise. In the event of a conflict between Grantor ordinances, resolutions, rules or regulations and the provisions of this Franchise, the provisions of this Franchise shall govern. 15.2 Force Majeure. The Grantee shall not be held in default under, or in noncompliance with the provisions of the Franchise, nor suffer any enforcement or penalty relating to noncompliance or default, where such noncompliance or alleged defaults occurred or were caused by circumstances reasonably beyond the ability of the Grantee to anticipate and control. This provision includes, but is not limited to, severe or unusual weather conditions, fire, flood, or other acts of God, strikes, work delays caused by failure of utility providers to service, maintain or monitor their utility poles to which Grantee's Cable System is attached, as well as unavailability of materials and/or qualified labor to perform the work necessary. 15.3 Minor Violations. Furthermore, the parties hereby agree that it is not the Grantor's intention to subject the Grantee to forfeitures or revocation of the Franchise for violations of the Franchise where the violation was a good faith error that resulted in no or minimal negative impact on the Subscribers within the Franchise Area, or where strict performance would result in practical difficulties or hardship to the Grantee which outweighs the benefit to be derived by the Grantor and/or Subscribers. 15.4 Action of Parties. In any action by the Grantor or the Grantee that is mandated or permitted under the terms hereof, such party shall act in a reasonable, expeditious and timely manner. Furthermore, in any instance where approval or consent is required under the terms hereof, such approval or consent shall not be unreasonably withheld. 15.5 Equal Protection. If any other provider of cable services or video services (without regard to the technology used to deliver such services) is lawfully authorized by the Grantor or by any other State or federal governmental entity to provide such services using facilities located wholly or partly in the public rights-of-way of the Grantor, the Grantor shall within thirty (30) days of a written request from Grantee, modify this Franchise to insure that the obligations applicable to Grantee are no more burdensome than those imposed on the new competing provider. If the Grantor fails to make modifications consistent with this requirement, Grantee's Franchise shall be deemed so modified thirty (30) days after the Grantee's initial written notice. As an alternative to the Franchise modification request, the Grantee shall have the right and may choose to have this Franchise with the Grantor be deemed expired thirty (30) days after written notice to the Grantor. Nothing in this Franchise shall impair the right of the Grantee to terminate this Franchise and, at Grantee's option, negotiate a renewal or replacement franchise, license, consent, certificate or other authorization with any appropriate government entity. Nothing in this Section 15.5 shall be deemed a waiver of any remedies available to Grantee under federal, state or municipal law, including but not limited to Section 625 of the Cable Act, 47 U.S.C. § 545. 15.6 Governing law. This ordinance shall be governed in all respects by the law of the Commonwealth of Virginia, and applicable federal law. 15.7 Change in Law. Notwithstanding any other provision in this Franchise, in the event any change to state or federal law occurring during the term of this Franchise eliminates the requirement for any person desiring to provide video service or Cable 20 Service in the Franchise Area to obtain a franchise from the Grantor, then Grantee shall have the right to terminate this Franchise and operate the system under the terms and conditions established in applicable law. If Grantee chooses to terminate this Franchise pursuant to this provision, this Franchise shall be deemed to have expired by its terms on the effective date of any such change in law, whether or not such law allows existing franchise agreements to continue until the date of expiration provided in any existing franchise. 15.8 Notices. Unless otherwise provided by federal, State or local law, all notices pursuant to this Franchise shall be in writing and shall be deemed to be sufficiently given upon delivery to a Person at the address set forth below, or by U.S. certified mail, return receipt requested, nationally or internationally recognized courier service such as Federal Express or electronic mail communication to the designated electronic mail address provided below. As set forth above, notice served upon the Grantor shall be delivered or sent to: Grantor: Attn: County Administrator Isle of Wight County 17090 Monument Circle, Suite 128 P.O. Box 80 Isle of Wight, VA 23397 Email: Copy to: County Attorney 17090 Monument Circle, Suite 128 P.O. Box 80 Isle of Wight, VA 23397 Email: bjones@iwus.net • Grantee: Eric Collins Director of Government Affairs 6202 Raeford Road Fayetteville, NC 28304 Email: Eric Collins@charter.com Copy to: Charter Communications Attn: Vice President, Government Affairs 12405 Powerscourt Drive St. Louis, MO 63131' 15.9 Public Notice. Minimum public notice of any public meeting relating to this Franchise or any such grant of additional franchises, licenses, consents, certificates, authorizations, or exemptions by the Grantor to any other Person(s) to provide Cable Services,video services, or other television services utilizing any system or technology requiring use of the public rights of way shall be by publication at least once in a newspaper of general circulation in the area at least ten (10) days prior to the meeting and a posting at the administrative buildings of the Grantor. 15.9.1 Grantor shall provide written notice to Grantee within ten (10) days of Grantor's receipt from any other Person(s) of an application or request for a franchise(s), license(s), consent(s), certificate(s), authorization(s), or exemption(s) to 21 provide Cable Services, video services, or other television services utilizing any system or technology requiring use of the public rights of way. Any public hearings to consider such application or request shall have the same notice requirement as outlined in Paragraph 15.9 above. 15.10 Severability. If any section, subsection, sentence, clause, phrase, or portion of this Franchise is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Franchise. 15.11 Entire Agreement.This Franchise and any Exhibits hereto constitute the entire agreement between Grantee and the Grantor, and they supersede all prior or contemporaneous agreements, representations or understandings (whether written or oral) of the parties regarding the subject matter hereof. 15.12 Administration of Franchise. This Franchise is a contract and neither party may take any unilateral action that materially changes the mutual promises and covenants contained herein. Any changes, modifications or amendments to this Franchise must be made in writing, signed by the Grantor and the Grantee. Any determination by the Grantor regarding the interpretation or enforcement of this Franchise shall be subject to de novo judicial review. 15.13 Acceptance. A. This ordinance shall be signed by the chairman of the board of supervisors and attested by the Grantor clerk. The ordinance shall be published in accordance with the requirements of the Grantor and applicable law and shall take effect as the date of acceptance by Grantee recorded on the signature page of this ordinance, unless within thirty days after adoption by Grantor, Grantee has failed to provide its written acceptance to the Grantor or has notified Grantor that it is withdrawing its request for the renewal of its franchise. B. In the event Grantee has not furnished Grantor with its written acceptance within or has notified Grantor of its request to withdraw the request it made for the renewal of its franchise as required for acceptance described in subsection 4.1-16(a), this ordinance and all of the rights, duties, and responsibilities of Grantor and the franchise granted by this ordinance shall be null and void. C. Grantee shall be bound by all the terms and conditions herein. Grantee shall provide all services and offerings specifically set forth herein within the franchise area. D. Additionally, at this same time, Grantee shall deliver to Grantor all payments required by its application and such bonds and insurance certificates as may be required by this ordinance. E. If any fee or grant that is passed through to Subscribers is required by this Franchise, such fee or grant shall go into effect sixty (60) days after the Effective Date of this Franchise. 22 15.14 No Third-Party Beneficiaries. Nothing in this Franchise is intended to confer third-party beneficiary status on any person other than the parties to this Franchise to enforce the terms The motion was adopted unanimously (4-0) with Supervisors Jefferson, McCarty, Grice and Rosie voting in favor of the motion; no Supervisor voting against the motion; and Supervisor Acree absent from the meeting. // The Board took a break and returned to open meeting. COUNTY ADMINISTRATOR'S REPORT Judy Winslow, Director of Tourism, provided an overview of the Smithfield & Isle of Wight Tourism 2021 Annual Report. Jamie Oliver, Transportation Planner, advised that the Commonwealth Transportation Board had voted to approve the Nike Park extended additional funding request and a revised agreement will be forthcoming; that VDOT did agree to add an extra mowing cycle to the schedule; and added Smith's Neck paving to the paving schedule from Greystone to Titus Creek. Staff is currently working with the Town of Smithfield on a push button pedestrian project at Main and South Church streets. Nicole Talton, Department of Economic Development, invited the Board to attend business appreciation popups during the month of May. County Administrator Keaton provided a status on the following: Tax Credits/Volunteers: Staff is to proceed with sending the letters out for the June credit. Suffolk Borrow Pit Public Hearing , Springfest begins on Friday; the carnival and rodeo are Friday and Saturday; and the Demolition Derby is on Sunday. UNFINISHED/OLD BUSINESS Chairman Jefferson called for discussion on an Ordinance Amendment Allowing Deer/Bear Hunting with Rifles. Supervisor McCarty confirmed that the ordinance can be repealed should any kind of incident take place in the County. Supervisor Rosie moved to adopt the following ordinance amendments: AN ORDINANCE TO AMEND, RENAME AND REENACT 23 THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 12.-OFFENSES—MISCELLANEOUS., SEC. 12-10. - HUNTING WITH MUZZLE-LOADING RIFLES. WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has deemed it necessary and appropriate to update its current ordinances in order to more clearly set forth local ordinances for the benefit of the public, in order to clarify and bring the provisions thereof into compliance with state law and practice; and WHEREAS, the Board of Supervisors deems such a revision necessary as a means to protect the health and welfare of the citizens of Isle of Wight County, Virginia. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Chapter 12.-Offenses—Miscellaneous., Sec. 12-10. - Hunting with muzzle-loading rifles of the Isle of Wight County Code be amended, renamed, and reenacted as follows: Sec. 12-10. Hunting with firearms. (a) Hunting in the County, with a rifle of.22 caliber or larger, of groundhogs, between March 1 and August 31 of each year, and of all other game, bird and nuisance species shall be permitted as allowed by state law and regulations. (b) Hunting in the County, with muzzle-loading rifles, is permitted during the prescribed open seasons for the hunting of game species as allowed by state law and regulations. (c) Notwithstanding the above, deer and bear hunting with a rifle of a .23 caliber or larger during the prescribed open seasons, as allowed by state law and regulations, shall be allowed in the County only as follows: (1) The person shall hunt only from an elevated stand located at least ten feet above the ground, except that such weapon may also be discharged on the ground when it is necessary to do so in order to dispatch the animal wounded from the elevated hunting platform. (2) The rifle may have a round in its chamber only when it is on the elevated stand. (3) The person first obtains written permission from the landowner. (4) The provisions of Code of Virginia § 29.1-528.2 shall exempt a permanently disabled hunter, as defined in Virginia Code § 58.1-3217, from the requirements of this section regarding hunting from an elevated stand located at least ten feet above the ground. (d) Nothing in this section shall prohibit a landowner or lessee from killing a deer or bear that is damaging fruit trees, crops, livestock or personal property utilized for 24 commercial agricultural production in accordance with Virginia Code § 29.1-529 and other applicable laws. (e) The clerk of this board is ordered to notify the director of the Virginia Department of Wildlife Resources by registered mail of the adoption of the ordinance codified in this section which is to take effect as soon thereafter as allowed by law. (e) Any person who violates the provisions of this section shall be guilty of a Class 3 misdemeanor. (1-3-91; 4-21-22) State law reference(s)—Hunting and Trapping, Code of Virginia, § 29.1-510 et seq The motion was adopted (3-0-1) with Supervisors McCarty, Grice and Rosie voting in favor of the motion; Supervisor Acree absent from the meeting; and Chairman Jefferson voting in opposition to the motion. Chairman Jefferson called for consideration of an application of James River Crossings, Inc. proposed proffer amendment. Supervisor McCarty moved that the revised proffer conditions be approved. The motion was adopted unanimously (4-0) with Supervisors Jefferson, McCarty, Grice and Rosie voting in favor of the motion; no Supervisor voting against the motion; and Supervisor Acree absent from the meeting. NEW BUSINESS No new business was offered for discussion. ADJOURNMENT At 9:00 p.m., Chairman Jefferson declared the meeting adjourned. Aultill PARR ( Rudolph Jefferson, Chairman Carey Mills Storm, Clerk 25