08-17-1995 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THB SEVENTEENTH DAY OF AUGUST IN THE
YEAR NINETEEN HUNDRID NINETY FIVE
PRESENT: Malcolm T. Cofer, Chairman
Phi111p A. Bradshaw, Vice Chairman
O. A. Spady
' , Henry H. Bradby
• Lud Lorenzo Spivey
Also Attending: H. Woodrow Crook jr., County Attorney
• W. Douglas Caskey, County Administrator
Donald T. Robertson, Assistant to the
County Administrator
Carey H. Mills, Assistant Clerk
Chairman Cofer called .the meeting to order at 6:00 p.m. The
invocation was delivered by Supervisor Bradby.
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Chairman Cofer indicated the Consent Agenda included Items 1, A
through D, and asked if there were any items for removal:
A. Virginia Department of Transportation notice of plan review for
improvements to Waterworks Road (Route 709)
B. Preliminary subdivision plat being land of E. B. and Ann lG
Barker, Morgart's Beach Road (Route 673), Hardy Magisterial
District
C. Resolution to appropriate $38,773 from the unappropriated fund
balance of the general fund for County Courthouse fire
suppression system
D. Delinquent real estate tax collection monthly report
There being no items for removal, Supervisor Spivey moved the Board
approve the Consent Agenda. The motion was adopted by unanimous vote
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Chairman Cofer called for Transportation Matters.
There were no transportation matters offered for discussion by~ the
Board.
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Chairman Cofer called for Citizens Comments.
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Steve W. Edwards, Chairman of the Community Polity and
Management Team, requested funds in the amount of $1,112 to match a
Family Preservation and Support Services Act grant.
Supervisor Bradby moved the Board authorize an allocation of $1,112
local funds as a match for the Family Preservation and Support Services Act .
grant. The motion was adopted unanimously (5-0).
Margaret Barr requested the status of funding for the animal shelter.
Grace Keen, on behalf of the. Beautification Committee, presented the
Board with a picture of the recent tree planting ceremony in memory of the
victims of the Oklahoma City bombing. .
Natalie Bradby, Commission on Aging, presented the Board with the
Commission's annual report, and. acknowledged the new chairperson,
Martha Grace.
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Chairman Cofer called for the Community Development report.
Mr. David presented the following for the Board's consideration:
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A. The application of Union. Camp Corporation, Inc., owner, and
Commonwealth Gas Service, Inc., lessee, for a Conditional Use
Permit to locate a point of delivery station for measurement,
regulation and distribution of natural gas on .9 acre of land
located on the east side of Hunt Club Road (Route 630), adjacent
to the existing Columbia Gas transmission line.
Mr. David stated the Planning Commission, at their meeting last
week, voted unanimously to recommend approval of the application to the
Board.
Chairman Cofer called for citizens to speak in favor of or in
opposition to the proposed application.
James Clark, Planner with J. K. Timmons dL Assodates; P.C., appeared
and spoke for the applicants. _
Supervisor Spady moved the 13oard approve the application of Union
Camp Corporation, Inc. The motion passed (4-0) with Supervisor Bradshaw
at~~t~+ining from considering and voting on the matter.
B. Request of the Camptown Coalition for a waiver of Section IV
of the Isle of Wight County $treetUgh_h~g P~•
Mr. David stated Otelia j. Rainey from the Camptown Coalition
would not be present tonight and the Board may wish to table
consideration of the matter. ,
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Supervisor Bradshaw moved the Board table consideration of the
matter until the September 28, 1995 meeting. The motion was adopted
unanimously (5-0).
C. The application of the Isle of Wight County Board of
Supervisors to locate a water storage tank for fire suppression
at the Isle of Wight County .Courthouse Complex; Courthouse
Historic. District.
Supervisor Bradshaw moved the Board accept the recommendation of
the Historic Architectural Review Committee and that the tank be dark
green in color. The motion was adopted unanimously (5-0).
D. Request of Brenda L. Willett for an exemption to Section 3-8
(Required Zoning) of the Isle of Wight County Subdivision
Ordinance for Tax Parcel No. 11-01-21V in Hardy Magisterial
District.
Brenda L. Willett appeared and explained her request to the Board.
County Attorney Crook stated the exemption in the Subdivision
Ordinance which allows a property owner to cut off a lot to rnnvey to a
family member is mandated by statute. Mr. Crook advised the statute
states that a provision will be contained in the County's ordinance
permitting single division of a lot or parcel for the purpose of sale or gift
to a member of the immediate. family, but this shall not be for the purpose
of circumventing the requirements of the. Subdivision .Ordinance. Mr.
Crook continued Mr. David, in applying the Subdivision .Ordinance to this
situation, sees this as a possible circumvention of the ordinance because
although the applicants are saying. this is deeded to the son, what they want
to do is rent a trailer to someone else on the property which is taking
advantage of the family member exception to do something that could not
be done under the Subdivision and Zoning Ordinances.
Mrs. Willett stated it was her original desire to leave the mobile home
vacant until her son turns eighteen; however, Mr. David informed her that.
the mobile home could not be left vacant.. Mrs. Willett stated she then
considered the possibility of renting the mobile home. Mrs. ~~'illett stated
she now plans to move into the mobile home although she does not kno4~
the length of time she will be occupying it.
Supervisor Bradby moved the Board grant the request of Brenda L
Willett with the condition that the mobile home be occupied by a faaanilhg
member. The motion was adopted unanimously (5-0).
E. Request of Alton R. je~vell for an exemption to St*~ctac+ai 3•i3
(Required Zoning) of the Isle of Night County+ Sui+diriisate~
Ordinance for subdivision of Tax Parcel i~o. ~-t11-~L~QE ian
Hardy Magisterial District.
Alton R. Jewell appeared stating the apl+ticaticu~ e~lains ~ ~,
but he would answrr any yuesti~~ns the Bwnl night ha~tie.
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Supervisor Spady moved the Board approve the request of Alton R.
Jewell. The motion was adopted unanimously (5-0).
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Mr. David stated a potential source of funding for. the Tyler's Beach
Boat Basin has been investigated through the Virginia Marine Resources
Commission (VMRC) Commercial License Fund which could possibly be
applied to reconstruct a finger pier running on the river side of the boat
basin. Mr. David stated in October an advisory committee to the VMRC
will review and make their recommendation and he is requesting the
Board's authority to proceed and make application for 1009'o funding of the
project.
Supervisor Bradby moved the Board authorize the Director ctf
Planning and Zoning to proceed with making application to the VMRC and
directed him to prepare a resolution for the Board to endorse the project
and appropriate monies received. The motion was adopted unanimously
(5-0).
Mr. David stated the Board previously authorized staff to investigate
potential sites for the location of the Camptown convenience center and the
Camptown Coalition has proposed that the Franklin closed landfill site is
acceptable and convenient for the community. Mr. David stated because
this site is a closed landfill an amendment to the closure plan is required to
ensure that the two-foot clay cap is not compromised. Mr. David stated the
City of Franklin must grant permission to initiate the process and he is
requesting the Board's .permission to discuss the matter Further with the
City of Franklin.
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Supervisor Bradshaw moved the Board authorize the Director of
Planning and Zoning to hold discussions with the City of Franklin
regarding use of the old landfill site for a convenience center. The motion
was adopted unanimously (5-0).
Supervisor Bradshaw advised that he would like to be included In
such discussions with the City of Franklin.
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Chairman Cofer called for the County Attorney's report.
County Attorney Crook advised the amendment to the lease
agreement between the County and .the Real Smithfield Jaycees has been
prepared and signed off on by the Real Smithfield Jaycees. Mr. Crook
stated he does recommend the amendment to the.Boazd which restricts the
.amount of parking area thak is included in the lease.
Supervisor Bradshaw moved the Board authorize the Chairman to
sign the amendment to the Real Smithfield Jaycees lease agreement. The
motion was adopted unanimously (5-0).
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County Attorney Crook stated he has received in final form the 1
contract with Duke Benefits Savlces as the third party administrator of the
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self insurance health plan for the County.: Mr. Crook stated he recommends
the contract to the Board which calls for a fee of $8.50 per. employee for the
first eighteen months of the contract, thereafter the fee may be increased not
to exceed 8% or be negotiated if it continues after March 1,1997. Mr. Crook
stated for 1988 the contract contains a rap of 10%, however, in each case the
County may negotiate for each year or put the matter out for bid.
Supervisor Spady moved the Board approve the. contract upon
recommendation of the County Attorney. The motion passed (4-0) with
Chairman Cofer abstaining from considering and voting on the matter.
County Attorney Crook stated he has reviewed the one-year
supplemental lease agreement between the County and the U.S. Department
of Agriculture for their portion of the Public Service Building. Mr. Crook
stated this is a renewal of a lease that has been in existence since 1987 and
he recommends same to the Board,
County Administrator Caskey advised the Board that the lease
.amount does increase based on annual increases in the Consumer Price
Index.
Supervisor Bradshaw moved the Board authorize the Chairman to
sign the supplemental lease agreement with the U.S. Department of
Agriculture on behalf of the County. The motion was adopted unanimously
(5-0).
County Attorney Crook stated in May of 1995 the Board approved the
change of the polling place for the Windsor precinct from the Windsor
Municipal Building to the Windsor Volunteer Fire Department which was
also approved by the Windsor Town Council. Mr. Crook stated notification
of this action was sent to the State Board of Elections, Registrar, Electoral
Board, Town of Windsor, Windsor Town Attorney and the U.S. Department
of Justice. Mr. Crook stated the Registrar has indicated to the County
Administrator that- the State wants evidence in writing of that change other
than his letter and he has therefore prepared a resolution for the Board's
approval to satisfy the State in this regard.
Supervisor Spady moved the Board adopt the following resolution:
RESOLUTION CONCERNING CHANGE OF
POLLING PLACE IN WINDSOR PRECINCT
WHEREAS, the Electoral Board of Isle of Wight County, Virginia, requested
the Board of Supervisors of Isle of Wight County, Virginia, to rnmbine the
Orbit Precinct and Windsor Precinct into one precinct with a central polling
place to be located at the Windsor Volunteer Fire Department property on
State Highway 460 in the Town of Windsor, Isle of Wight County, Virginia;
and,
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia
published a Notice of the intent to adopt said Ordinance to combine said
precincts and to establish the new polling place for the Windsor Precinct
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pursuant to Section 24.2-306 of the Code of Virginia; and,
WHEREAS, following the public hearing on said combining of said
precincts and change of said polling place on April 20, 1995, did, by
unanimous vote, at their regular meeting on May 19, 1995, approve moving.
the polling place in the Windsor Election District from the Windsor
Municipal Building to the Windsor Volunteer Fire Station; and,
WHEREAS, the County Attorney for the County of Isle of Wight, Virginia,.•
notified the United States Department of Justice, the local Electoral Board,
the State Board and the Division of Legislative Services of said change of
polling place by letter dated June 19, 1995.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle
of Wight County, Virginia, that the aforesaid actions of the Board of
Supervisors to change the polling place in the Windsor Precinct, Windsor
Election District, from the Windsor Municipal Building to the Windsor
Volunteer Fire Department building is hereby confirmed.
The Clerk of this Board is hereby directed to forward a certified copy of this
Resolution to the Electoral Board of Isle of Wight County, State Board of
Elections, Division of Legislative Services, and any and all other agencies,
boards, commissions, as required by law.
The motion was adopted unanimously (5-0).
County Attorney Crook stated pursuant to the Board's discussion at
the previous two meetings, he has prepared an ordinance for the Board's
consideration which regulates smoking in Isle of Wight. County pursuant to
the State statutes. Mr. Crook stated the ordinance incorporates all the
County's authority under the State statute, both mandatory and optional..
Supervisor Spady recommended the Board table consideration of the
matter until the September 28, 1995 meeting to allow time for the Board
members to review and determine whether they want to advertise the
ordinance in part or in its entirety.
County Attorney Crook advised he had several matters dealing with
property and litigation for executive session later in the meeting.
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Chairman Cofer called for the County Administrator's report.
County Administrator Casket' noted the Brat item under his section
in the agenda concerning the Commission on Aging annual report was ~
covered under Citizens Comments. j
County Administrator Casket' stated ir-duded in the. agenda are the ~ .
1996 legislative priorities which are provided for the Board's information
and consideration.
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Supervisor Bradshaw recommended the Board advise the General
Assembly of the County's stand on welfare reform, Comprehensive Services
Act, mental health and long-term care. Supervisor Bradshaw stated .these
are areas the. State is attempting to push funding and administration
responsibilities on the County which will, in turn, cause the County to
increase local taxes.
Chairman Cofer. suggested the Board emphasize only two or three
priorities of major concern for presentation to the General Assembly. Mr.
Caskey stated staff anticipates providing the Board with a more
comprehensive list at the Board's October 19,1995 meeting..
Supervisor Spady moved the Board adopt the following resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE
THIRTY FOUR THOUSAND TWO HUNDRED AND
TWENTY SIX DOLLARS FROM THE COMMONWEALTH OF
VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES
FOR THE VICTIM/WITNESS ASSISTANCE PROGRAM
WHEREAS, the Board of Supervisors of Isle. of Wight County, Virginia has
received grant funds for the VictimlWitness Assistance Program; and,
WHEREAS, the funds in the amount of thirty four thousand two hundred
and twenty six dollars ($34,226) or as much as shalt be received hom the
Commonwealth of Virginia Department of Criminal Justice Services need
to be appropriated to the Victim/Witness Assistance Program line item in
• the 1995-96 budget of the County of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board
of Supervisors of the County of Isle of Wight, Virginia that thirty four
thousand two hundred and twenty six dollars ($34,226) or as much as shall
be received from the Commonwealth of Virginia Department of Criminal
Justice Services be appropriated to the Victim/Witness Assistance Program
in the 1995-96 budget of the County of Isle of Wight, Virginia.
BE IT FURTHER RESOLVED that the County Administrator of the County
of Isle of Wight, Virginia is authorized to make the appropriate accounting
adjustments in the budget for this grant and to do all the things necessary
to give this resolution effect. -
The motion was adopted unanimously (5-0).
Supervisor Bradshaw moved the Board adopt the following resolution:
RESOLUTION TO APPROPRIATE TWO MILLION
NINE HUNDRED EIGHTY ONE THOUSAND TWO
HUNDRED AND SIXTY TWO DOLLARS FROM
THE 1995 SCHOOL BOND ISSUE PROCEEDS
TO THE SCHOOL CONSTRUCTION FUND
WHEREAS, the Board of Supervisors of the County of Isle of YVlghtr
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Virginia has approved the school rnnstruction program; and,
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WHEREAS, the funds in the amount of two million nine hundred eighty
~,,,.~ tl~~~usand two, hundred and sixty two dollars ($2,981,262) need to be
,:, : ~ ~ : -; jr«l from the 1995. School Bond Issue Proceeds to the School
~ ~ ~s~.,truction Fund in the 1995-96 budget of the County of Isle of Wight,
Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board '
of Supervisors of the County of Isle of Wight, Virginia that two million nine.
hundred eighty one thousand two hundred and sixty two dollars
($2,981,262) from the 1995 School Bond Issue Proceeds be appropriated to
the School Construction Fund in the 1995-96 budget of the County of Isle
of Wight, Virginia.
BE IT FURTHER RESOLVED that the County Administrator of the County
of Isle of Wight, Virginia is authorized to make the appropriate accounting
adjustments in the budget and to do all the things necessary to give this
resolution effect.
The motion was adopted unanimously (5-0).
Supervisor Bradshaw moved the Board adopt the following resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE
ONE HUNDRED SEVENTY I`1INE THOUSAND TWO
HUNDRED AND TWENTY DOLLARS FROM THE
FEDERAL GOVERNMENT AND FOURTEEN THOUSAND
SIX HUNDRED AND FORTY EIGHT DOLLARS FROM
THE COMMONWEALTH OF VIRGINIA FOR
SCHOOL CARRYOVER GRANT PROGRAMS
WHEREAS, the. School Board of the County of Isle of Wight, Virginia has
received carryover funds for grant programs; and,
WHEREAS, the funds in the amount of one hundred ninety three thousand
eight hundred and sixty eight dollars ($193,868) need to be appropriated to
the School grant fund in the 1995-96 budget of the County of Isle of Wight,
Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board
of Supervisors of the County of Isle of Wight, Virginia that one hundred
seventy nine thousand two hundred and twenty dollars ($179,220) to be
received from the Federal Government and fourteen thousand six hundred
and forty eight dollars ($14,648) to be received from the Commonwealth of
Virginia be appropriated to the following line Means N the 1995-96 School.
Budget of the County of Isle of Wight, Virginia:
Federal:
Title VI-B (93-94)
Preschool Incentive
Title II
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8,050
4,696
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Chapter I Summer School 43,200
Drug Free School 784
Title VI-B (94-95)
• .51,207
Chapter I 60,175
Carl Perkins 1,365
State:
Project YES 14,648
BE TT FURTHER RESOLVED that the County Administrator of the. County
of Isle of Wight, Virginia is authorized to make the appropriate accounting
adjustments in the. budget and to do all the things necessary to give this
resolution effect. '
The motion was adopted unanimously (5-0).
Supervisor Bradby moved the Board adopt the following resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE
FIVE THOUSAND THREE HUNDRED AND TWENTY SIX
DOLLARS OR AS MUCH AS SHALL BE RECEIVED
FROM THE COMMONWEALTH OF VIRGINIA
FOR CARRYOVER GRANT PROGRAMS
WHEREAS, the Board of Supervisors of the County of .Isle of Wight,
Virginia has available carryover funds for grant programs; and,
WHEREAS, the funds in the amount of five thousand three hundred and
twenty six dollars ($5,326) or as much as shall be received need to be
appropriated to the grant fund in the. 1995-96 budget of the County. of Isle
of Wight, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board
of Supervisors of the County of Isle of Wight that .five thousand three
hundred and twenty six dollars ($5,326) or as much as shall be received
from the Commonwealth of Virginia be appropriated to the following line
items in the 1995-96 budget of the County of Isle of Wight, Virginia:
.Litter Control Grant Program $3,451
Pesticide Container Recycling Program $1,875
BE IT FURTHER RESOLVED that the County Administrator. of the .County
of Isle of Wight, Virginia is authorized to make the appropriate accounting
adjustments. in the budget for these grants and to do all things necessary to
give this resolution effect.
The motion was unanimously adopted (5-0).
County Administrator Caskey stated members of the Wetlands Board •
recently reviewed the Jones Creek boat ramp and forwarded comments to ,
the Director of the Public Recreational Facilities Authority concerning trash
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recycling receptacles, signage, piles of fallen trees, piles of
construction/demolition debris and landscaping. Mr. Caskey stated Mr.
Nogiec has advised him that for a sum of approximately $26,000 the
remaining building can be disposed of, thereby making the site an open
area possibly connecting the proposed manned convenience center and
public boat ramp.
Alan Nogiec, Director of the Public Recreational Facilities Authority,
stated the sum of $2b,000 includes asbestos removal and the removal of the,
building .and debris from the site.
Supervisor Spady moved the Board authorize -staff and Alan Nogiec
to work up a. request for. bids and to put the matter to bid and return to the
Board for their further consideration. The motion was .adopted
unanimously (5-0).
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At 7:00 p.m., Supervisor Bradshaw moved the Board amend the order
of the agenda in order to consider the public hearings. The motion was
adopted unanimously (5-0).
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Chairman Cofer called for a public hearing on the following:
A. The application of the Isle of Wight County Public Recreational
Facilities Authority to hold the "1995 Isle of Wight County Fair"
on September 14, 1995 thru September 17, 1995 on 43.9 acres of
land located on the west side of Courthouse Highway (Route
258) adjoining the Courthouse complex In Hardy Magisterial
District.
Chairman Cofer called for citizens to speak in favor of the proposed
application.
Alan Nogiec, Director of the Public Recreational Facilities Authority,
spoke on behalf of the Fair..
Chairman Cofer called for citizens to speak in opposition to the
proposed application.
Upon no one appearing, Chairman Cofer called for comments from
the Board.
Supervisor Spivey moved the Board approve the application of Isle of
the Wight County Public Recreational Facilities Authority. The motion was
adopted unanimously (5-0). ~ .
B. An Ordinance to Amend Chapter 4.1 of the Isle of :Wight
County Code For Licensing .and Regulating Cable Televlslon
Systems.
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County Attorney Crook stated this, ordinance is at the request of
Insight Cablevision and was negotiated with them. Mr. Crook stated the
Planning Commission ha's reviewed it and held a public hearing. Mr.
Crook stated the $500 fee originally paid by the licensee to .the County to
cover administrative costs for processing, etc. has been revised to reflect
$5,000., however, he believes the fee is set too high and would recommend
a fee of $1,500.
County Attorney Crook stated the Planning Commission was
interested in a reduced density for extension of service and .the prior
franchise had a density of forty residences for the extension requirement.
Mr. Crook stated in the proposed ordinance Insight Cablevision has
tentatively agreed to a density of thirty-five residences which addresses the
primary concern of the Planning Commission. Mr. Crook stated the County
wanted a density of twenty-five homes, however, it is not economically
feasible for Insight Cablevision to do this.
Chairman Cofer called for citizens to speak in favor of the proposed
ordinance.
Sharon Stallings, General Manager, Insight Cablevision, appeared ,
speaking in favor and stated if the County could demonstrate that the
administrative fees of the County are $5,000, Insight Cablevision will agree
to pay the $5,000 fee.
Chairman. Cofer called for citizens to speak in opposition to the
proposed ordinance..
Upon no one appearing, Chairman Cofer called for comments hom
the Board.
Supervisor Spady moved the Board adopt the following ordinance as
amended with a license fee of $1,500:
AN ORDINANCE TO AMEND CHAPTER 4.1 OF THE
ISLE OF WIGHT COUNTY CODE FOR LICENSING
' AND REGULATING CABLE TELEVISION SYSTEMS
~~tion 4.1-1. Short Tag
This chapter shall be known and may be sled as the "Cable Television
License Ordinance."
Section 4.1-2. pefinitions
' For the purpose of this chapter, the following terms,. phrases. words
and their derivations shall have the meaning given herein:
(a) noun is the County of Isle of Wight, Virginia• '
(b) bounty Administrator is the County Administrator of Isle of
Wight County, Virginia, as defined by the Code of Virginia.
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(c) Board is .the Board ~of Supervisors of Isle of Wight County,
Virginia.
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(d) Person is any person, Brm, partnership,. association, corporation,
company or organization of any kind.
(e) Cable Television S, sy tem (hereinafter referred to as "Cable
System, or System"). Any facility consisting of a set of closed transmission
paths and associated signal generation, receipt and control equipment that
is designated to provide cable service which includes video programming
and which is provided to multiple subscribers within a community, except
the sum definition shall not include (i) a system that serves fewer than
twenty subscribers (ii) a facility that serves only to retransmit the televisiop
signals of one or more television broadcast stations, (iii) a facility that serves
only subscribers in one or more multiple unit dwellings under common
ownership, control, or management, unless such facility or facilities use any
public right-of-way, (iv) a facility of common carrier which is subject, in
whole or in part, to the provisions of Title II of the Communications Act of
1934, 47 U.S.C. Sec. 2A1 et seq., except that such facility shall be considered
a cable system to the extent such facility is used in the transmission of video
programming directly to subscribers, or (v) any facilities of any electric
utility used solely for operating its electric systems.
The words "cable service" as used in this ordinance shall mean the
one-way transmission to subscribers of (i) video programming, or (ii) other
programming service, and subscriber interaction, if any, which is required
for the selection of such video programming or other programming service.
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(f) Economically feasible Wherein it relates to cable extension,
extending into those areas immediately contiguous to an area being served
where density is no less than thirty-five homes per linear mile.
(g) Technicaj].y feasible Wherein it relates to cable extension,
extending into those areas immediately contiguous to an area being served
where cable extension does not exceed forty amplifier cascades.
(h) Annual Gross O.peratine Revenues is any and ali compensation
and other consideration derived directly by the licensee from subscribers in
the County for cable service, including revenues derived from per-program
or per-channel charges, leased channel revenues, advertising. revenues, but
not including taxes on services furnished by licensee Imposed directly on
any subscriber or user by the County, State or other governmental unit and
collected by licensee for such governmental utit.
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The County may grant a license to any cable television system and
thereby grant the right and privilege, subject to the limitations herein
imposed, to construct, erect, operate and maintain in, upon, along, across,
above, over and under the roads, streets, alleys, public ways, and all
extensions thereof, and additions theretq, in the County,. on poles, wires,
cable, underground conduits, manholes, and other television conductors and
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fixtures, and to use poles, wires, cables and other facilities of any person,
providing consent is obtained from such person, including but not limited
to the State Department of Highways and Transportation, necessary for the
maintenance and operation in the County of a cable television system for
the interception, sale and distribution of television and radio signals.
(a) Nonexclusive. License .The right to use and occupy such roads,
alleys, public ways and places, or the facilities or other places for the
purposes herein set forth shall not be exclusive, and the County reserves the
right to grant. a similar use of said roads, streets, alleys, public ways and
places, to any person at any time.
(b) Qualifications of Licensee The Board shall approve the legal,
character financial, technical and other qualifications of the Licensee of such
license, including adequacy and feasibility of the Licensee's construction
arrangements, as part of a full public proceeding affording due process of
law as required by Section 15.1-23.1 of the Code of Virginia.
Section 41 4 Liabilit•- of Licensee for Losses Sustained by Countrv~.
surance
It is expressly understood and agreed by and between the Licensee
..and the County that the Licensee shall, and does by its acceptance of said
license, specifically agree to save the County harmless from all loss
sustained by the County on account of any suit, judgment, execution, claim
or demand whatsoever resulting from the granting of said license. The
above shall include, but shall not be limited to, damages arising out of
• copyright infringement and all other damages arising out of the installation,
operation or maintenance of the cable television system authorized herein,
whether or not any act or omission complained of is authorized, allowed or
prohibited by such license.
(a) The licensee, as a condition of the granting of said license, shall
maintain throughout the term of the license, liability insurance, insuring the
• .county and the licensee against all claims or damages in the minimum
amounts of at leastc
(1) Five hundred thousand dollars for property damage to any
one person;
(2) Two million dollars for property damage in any one
occurrence;
(3) One million dollars Eor personal injury to any one persoct;
(4) Two million dollars for personal injury in any one
occurrence;
(5) One hundred thousand dollars for infringement of
copyrights; and .
(6) Fifty thousand dollars for all other types of liability.
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Such insurance shall be kept in full force and effect by the licensee
during the existence of the license and until after the removal of all poles,
wires, cables, underground conduits, manholes and other conductors and
fixtures incident to the maintenance operation of the system authorized by
the licensee. All the insurance contracts shall be issued and maintained by
companies authorized to do business in the state and acceptable to the
County, and such contracts shall provide for .thirty (30) days' written notice
of any cancellation to both the County and the licensee.
Section 41 5 Licensee to com~lv~h aaalicable laws .and regulations ,
The licensee shall, at all times during the life of the license, be subject
to all lawful exercise of the police. power by the County and to such
reasonable regulations as the County, State or Federal government .shall
provide. Any lawful modification resulting from amendment of Section
76.31 (Franchise Standards) of the Rules and Regulations of the Federal
Communications Commission (FCC) shall be incorporated into this
ordinance as of the date such modifications become obligatory under
Federal regulations, or in the event no obligatory date is established, within
one year of adoption, or at the time of the renewal of the terms of this
ordinance, whichever occurs first.
Section 41-6 Territorial area involved
it
The territorial area involved shall be that area within the County as
designated by the Board upon the issuance of the license and any area
designated by the Board and added thereto during the term of the license.
The licensee will extend into the County from any cable television system
facility operated by it or its assigns in a city, county or town contiguous to
the jurisdiction or confines of the County, where it is economically and
technically feasible to do so, as defined herein.
S,~ lion 41 7 Aonlication to Federal Communications Commission
~~nstruction schedule
The licensee shall, within sixty (60) days from the date an area
qualifies to be served, make property application to the Federal
Communications Commission (FCC) for all permits, licenses or approvals
required by law for the construction and operation of a cable television
system, and shall promptly and diligently pursue the granting,of all Federal
Communications Commission permits.
Upon receipt. of the .necessary permits from the FCC, and pole rental
permits from the utility companies, the licensee shall install coaxial cables.
within twenty-eight (28) months to the qualifying area.
Section 4,1-5 Technical standards a sigp~.a~litx.,I€~ re ents
(a) The licensee shallherein rrov~ided so as~to m~tl-e teci~ni 1
the cable television system p
standards of the Federal Communlcations Commission.
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(b) The signals distributed by the licensee shall be die best possible
signals available under the circumstances existing at the tlme and shall
provide the best possible'quality reception to each subscriber.
(c) The licensee shall demonstrate, by instruments and otherwise,
to subscribers that a signal of adequate strength and quality is being
delivered.
Section 4.1-9. (,~eraNons and maintenance. of system
The licensee shall render efficient service, make repairs promptly, and
interrupt service only for good cause and for the shortest time possible.
Such interruptions, insofar as possible, shalt occur during periods of
minimum use of the system. The licensee shall maintain a toll hee
telephone number in all areas being served, which subscribers may
telephone during regular business hours, so that cable television
maintenance service shall. be promptly available.
Section 41-10 Rules and regulations governing operation
The licensee shall render its service in accordance with the rules and
regulations of the County now applicable to its' operation, or such rules and
regulations as may be promulgated by the County or by any public
regulatory agency of the State or the United States.
section 41-11,_Program alteration
All programs of broadcasting stations. carried by the licensee shall be
carried in their entirety as received, with announcements .and
advertisements and without additions.. The licensee hereby agrees to
provide the same channels offered in the city, county or town hom which
the service is being extended..
Section 4.1-12. Service to Schools
The licensee shall. provide service to all public County school locations
and teaching stations within the areas of the County being served by
' licensee's cable system for educational purposes, upon request by the
County and at no cost to it or to the public school.. system. All such
requested. connections are subject to the aforereferenced thirty-dive homes
per linear mile density. Service shall be provided to the schools by means
of a drop cable to the outside only. The licensee may, at its election,
provide similar services without cost to private schools, including parochial.
or other religious schools.
SPCfinn 4.1-13. PEG Access Services
The licensee agrees to provide for or accommodate public access
:programming for public, educational and governmental purposes (PEG) by
year end 2000. Any incremental costs associated with PEG access may be
passed through to the subscribers. Such public access channel shall be~
provided to the. County on a .shared basis with the surrounding
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communities served by licensee.
Section 4.1-14. Emergency Use of Facilities
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In the case of any emergency or disaster, the licensee .shall, upon .
request. of the County, in coordination with the proper authorities from the
city, county or town from which the service is being extended, through the
County Administrator, make available facilities to the County for emergency
use during the emergency or disaster period. This includes providing the
County with the. ability to audio override cable programming In order to
distribute information regarding the emergency or disaster on all channels.
(a) Neither the licensee hereunder nor any shareholder of the
licensee shall engage in the business of selling, repairing, or installing
television receivers, radio receivers or accessories for such receivers within
the County during the term of its license and the licensee shall not allow
any of its shareholders to so engage in any such business.
(b) The license authorizes only the operation of a cable system as
provided for herein, and does not take the place of any other franchise,
license or pe+:mit which might be required of the licensee by the County, the
State or the United States.
Section 41 16 Promulgation of Rules etc , by Lim ensee
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The licensee shall have the authority to promulgate such rules,
regulations, terms and conditions governing the conduct of its business as
shall be reasonably necessary to assure an uninterrupted service to its
customers; provided, that such rules, regulations, terms and conditions shall
not be in conflict with the provisions hereof or of the laws of the State of
Virginia or of the United States.
Section 41-17 Safety Requirem~
(a) The licensee shall at all Nmes employ ordinary care and shalt
install and maintain in use commonly accepted methods and devices for
preventing failures and accidents which are likely to cause damage, injuries,
or nuisance to the public.
(b) The licensee shall install and maintain its wires, cables, fixtures,
and other equipment in accordance with the requirements of the National
Electrical Code, and in such manner that they will not interfere with any
Installation of the County or of a public utility serving the County.
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(c) .All structures, and all lines, equipment and connections in, over, ;
under and upon roads, streets, sidewalks, alleys and public ways or places • .
of the County, wherever situated or located, shall at all times be kept and
maintained in a safe, suitable, substantial condition, and In good order and
repair.
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S ~ti~n 41 1~, Conditions of Road and Street~uFancK
(a) Interference ~:iith Use of Roads. Streets. etc. All transmission
and distribution structures, lines and equipment leased by the licensee or
used on other poles or facilities within the County shall be so located as to
cause minimum interference with the proper use of roads, streets, alleys and
other public ways and places and to cause minimum interference with the
rights of reasonable convenience of property owners who adjoin any of the
said roads, streets, alleys, or other public ways and places.
(b) restoration of Pavement, etc. In case of .any disturbance of
pavement, sidewalk, driveway or other surfacing, the licensee shall, at its
own cost and expense and in a manner approved by the County.
Administrator or his duly appointed agent, replace and restore all paving,
sidewalks, driveways or surfaces of any street or alley disturbed in as good
condition as before said work was commenced.
(c) ~Zelocation of Poles Wires etc for Work by County. In the
event that at any time during the period of the license the County shall
lawfully elect to alter, or change the grade of any road, street, alley, or other
public way, or to alter, change or install public utilities, the licensee, upon
reasonable notice by the County, shall remove, re-lay and relocate its poles,
wires, cables and underground conduits, manholes and other fixtures at its
own expense..
(d) Placement of Fixtures. The licensee shall not place poles or
other fixtures where the same will interfere with any gas, electric or
telephone fixtures, water hydrants, or water and sewer mains, and alt such
' poles or other fixtures placed in any street or otherwise shall be placed at
the outer edge of the sidewalk and inside the curb line, and those placed in
alleys shall be placed close to the line of the lot :abutting on said alley, alleys
and public ways. Atl to be approved by the County Administrator and/or
the Resident Engineer of the Virginia Department of Transportation in
' accordance with the existing polity.
(e) Tem orary Removal of Wire for Building Moving The licensee
shall, on the request of any person holding a building moving permit issued
by the County or any governmental authority, temporarily raise or lower
its wires to permit the moving of buildings. The expense of such temporary
removal, raising or lowering of wires shall be paid by the person requesting
the same, and shall not exceed the actual costs of the licensee. The licensee
shall have the authority to .require such payment in advance. The licensee
shall be given no less than forty-eight (48) hours advance notice. to arrange
for such temporary wire changes.
(f) Free Trimmings The licensee shall have the authority to trim
trees upon and overhanging roads, streets, alleys, sidewalks and public
places within the County so as to prevent the .branches of such trees from
coming in contact with the wires.and cables, at the expense of the licensee.
,~,g~t~~~- 41 19 Preferential or Discriminatory Practices Prohi ited.
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The licensee shall not, as to rates, charges, service facilities, rules,
regulations or in any other respect, make or grant any preference or
advantage; provided, that this section shall not be deemed to prohibit the
licensee from giving free service for school purposes or for any other public.
use. '
Section 4.1-20. Removal of Facilities Upon Request.
Upon termination of service to any subscriber, the Licensee. shall.
promptly. remove all its facilities and equipment hom the premises of such.
subscriber upon his request.
Section 4.1-21. Rights Reserved by C, ounty
(a) Additional ReQUlations in Exercise of Countv Police Power. The
right is hereby reserved by the County to adopt, in addition to the
provisions herein contained and existing applicable. ordinances, .such
additional regulations to regulate the activities of the licensee as it shall find
necessary in the exercise of the police power; provided, that such
regulations, by ordinance, or otherwise, shall not be in conflict with the
rights herein granted and shall not be in conflict with the laws of the State
of Virginia or of the United States.
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(b) Use of System by County. The County shall have the right
during the life of the license to install and maintain free of charge upon the
poles of the licensee any wire and pole fixtures necessary for a police or fire
alarm system, so long as such wires and pole fixtures do not interfere with
the cable television operation of the licensee.
(e) .Supervision and Inspection. The County shall have the right to
supervise all construction or installation work performed subject to the
provisions of this ordinance and to make such inspections as it shall find
necessary to insure compliance with governing ordinances.
(d) Procedure after E~.piration of License. At the end of the term of
any license issued hereunder, the County shall have the right to determine
whether the licensee shall continue to operate and maintain its distribution
system within the county. pending the decision of the County as to the
granting of another license for its future maintenance and operation of such
system.
Section 41 22 License Tax• Penally for Late Pa}-ment of License Tax
(a) The licensee shall pay to the County annually a tax in the
amount of 5% of the annual gross operating revenues taken in and received
by it on all retail sales of television signals within the County during the
year,. for the use of the roads, streets and other facilities of the County in
the operation of the cable television system and for the governmental ~ .
supervision thereof. The above tax shall be paid within sixty (60) days of
the end of each calendar year or part thereof.. In the event that any
payment is not made on or before the aforesaid date, the County shall
assess a penalty of 1096 of the amount due, plus interest on such payments
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from such due date at the annu alrn and interest, .the Co~unaty shall be
required to collect such fees, pe ty
entitled to attorney's fees of 25% of the total amount due and court costs.
ro) Upon the issuance of the license, the licensee shall pay to the.
County: the sum of $1,500.00, which shall be non-refundable.
S,.gc+~on 41-23 Rates for Service
Rates charged by the licensee for service hereunder shall be the same
rates charged by the licensee in the city, county or town from which the
service is being extended, subject to .any .federal regulations providing
otherwise.
Section 41-2d Records and Reports
The County shall have access at all reasonable -hours to all of the
licensee's plans, contracts and engineering, accounting, financial, statistical,
customer and service records relating to the property and operations of the
licensee, and to all other records required to be kept hereunder, as follows:
(a) Coma- any Rules and Regulations. Copies of rules, regulations,
terms and conditions and all plans adopted by the licensee for the conduct
of its business.
(b) Gross Revenue. An annual summary report showing gross
revenue received by the licensee from its operations within -the County
during the preceding year and such other information as the County shall
request with respect to properties and expenses related. to the licensee's
service within the County shall be made available upon request.
Section 41-25 Term of License
The license and rights herein granted under the provisions of this
ordinance shall be for a term of 15 years from the date hereof.
~°~tion 41 2fi Transfer of License
The license shall not be assigned or transferred, in whole or in part,
without the' rnnsent of the County, provided that such consent shall not be
unreasonably withheld. Provided, further, that nothing in •this license shall
be deemed to prohibit the mortgage or the pledge of any, property of the
licensee, real or personal, including the cable system and this license, or any
part thereof, or a leasing by licensee from another person of said property
or part thereof for financing purposes or otherwise.
~~tion 41 27 Revocation of icense
Any violation by the licensee or its assignee, lessee, or successor of the
provisions of this license or any material. portions thereof, or of this•
ordinance, or the failure promptly to perform any of the provisions of said
license shall be cause for the revocation of the .license and all rights
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thereunder by the County, after written notice to the licensee.
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The motion was adopted unanimously (5-0).
C. An Ordinance to Amend the Ordinance to Impose a Tax on the
Consumers of Utility Services to Include Cable Television
Systems.
County Attorney Crook stated the County's Public Utilities Ordinance
which includes 10% of the. utility service provided with a cap of $1.50 on ail
utilities does not include cablevision. Mr. Crook stated it is his opinion that
cablevision should be included as a utility and subject to the utility tax and
this ordinance proposes to amend the Utility Ordinance to Include
cablevision.
Chairman Cofer called for citizens to speak in favor of the proposed
ordinance.
.Upon no one appearing, Chairman Cofer called for citizens to speak
in opposition to the proposed ordinance.
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Sharon Stallings appeared speaking in opposition. and stated that if the
County enforces this tax on Virginia Power or GTE an individual is not able
to switch to another company. Mrs. Stallings stated Insight cablevision has
competition with Prime Star, DBD and Hughs. .She is requesting that
Insight be given an even playing field and not be put at a disadvantage
because if Insight cablevision loses a customer the County also loses
revenue in that a portion of Insight cablevision revenue is paid to the
County. Mrs. Stallings stated she recommends other comparable services,
such as satellite dishes, be included in the ordinance.
Chairman Cofer called for comments from the Board.
Supervisor Bradby moved the Board deny the ordinance. The motion.
passed (4-1) with Chairman Cofer and Supervisors Bradby, Spady and
Bradshaw voting in favor. of the motion and Supervisor Spivey voting
against the motion..
D. An Ordinance to Amend the Zoning Ordinance of Isle of Wight
County, Virginia, to Provide For the Placement of Manufactured
Houses on a Permanent Foundation on Individual Lots in
Agricultural Zoned Districts as Permitted Uses.
County. Attorney Crook stated the proposed ordinance is the result of
a legislative change adopted by the General Assembly this past year and
which took effect July 1, 1995. Mr. Crook stated the County is simply
making the Zoning Ordinance comply with the newly enacted State statute.
Chairman Cofer called for dozens to speak in favor of the proposed
ordinance.
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Upon no one appearing, Chairman Cofer called for dozens to speak
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in opposition to the proposed ordinance.
Upon no one appearing, Chairman Cofer called for comments fmm
the Board.
Supervisor Bradshaw moved the Board adopt the following ordinance:
AN ORDINANCE TO AMEND THE ZONING ORDINANCE
OF ISLE OF WIGHT COUNTY, VIItGllVIA, TO PROVIDE
FOR THE PLACEMENT OF MANUFACTURID'HOUSES ON
A PERMANENT FOUNDATION ON INDIVIDUAL LOTS IN
AGRICULTURAL ZONED DISTRICTS AS PERMITTED USES
BE IT AND TT IS HEREBY ORDAINED by the Board of Supervisors
of Isle of Wight County, Virginia, that Sections ~1-18 and. 3-1-34 of the
Zoning Ordinance of Isle of Wight County, Virginia, be amended by adding .
the following:
*~lobile Homes with Conditional Use Permit. Provided, however, that
the placement of manufactured houses that are on a permanent foundation,
on individual lots shall be permitted, subject to development standards that
are equivalent to those applicable to site-built single-family dwellings.
This shall not relieve lots or parcels from the obligations relating to
.manufactured housing units imposed by the terms of a restrictive covenant.
The motion was adopted unanimously (5-0).
E. An Ordinance to Amend Section 3-8 of the Subdivision
Ordinance of Isle of Wight County to Require Residential
Zoning for All Subdivisions.
County Attorney Crook stated the proposed amendment requires
• zoning to residential all lots which are subdivided for residential purposes.
Chairman Cofer called for citizens to speak in favor of the proposed
ordinance.
Upon no one appearing, Chairman Cofer called for citizens to speak
in opposition to the proposed ordinance.
William Riddick stating he was appearing on behalf of several County
property owners, made reference to the letter he had previously submitted
and stated that when a property owner meets the minimum subdivision
standards he can cut out a lot. Mr. Riddick stated with the adoption of the
' proposed ordinance a property owner must. pay $580 and go through a
sixty-day process in order to cut out one lot.
James E. Joyner of Zuni appeared and spoke in opposition. to the
ordinance. '
County Attorney Crook .noted that the Planning Commission
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recommended reducing the application fee to $100 for a one lot subdivision.
Chairman Cofer called for comments from the Board,
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Supervisor Bradby recommended the Board further consider the
matter so that a .proposal can be created which would be more acceptable
to the citizens of the County.
Chairman Cofer stated he would recommend the application fee be .
reduced in the ordinance.
County Attorney Crook stated the fee is not included in the ordinance
and is done separately and he would bring back an ordinance amendment
to reduce the fee for the Board's consideration.
Supervisor. Spady moved the Board adopt the following ordinance:
AN ORDINANCE TO AMEND SECTION 3-8 OF THE
SUBDIVISION ORDINANCE OF ISLE OF .WIGHT
COUNTY TO REQUIRE RESIDENTIAL ZONING
FOR ALL SUBDIVISIONS
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors
of Isle of Wight County, Virginia, that Section 3-8 Required Zoning of the
Subdivision Ordinance of Isle of Wight County, Virginia be amended to
read as follows:
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3-8. Reduired Zoning.
All proposed subdivisions for residential purposes must be
zoned residential (R-1, R-2, R-3, R-A, R-MH-A, or R-MH-1) or
conditional residential (CR-1, CR-2, CR-3, CR-A, CR-MH-A, or CR-
MH-1) pursuant to the Zoning Ordinance of Isle of Wight .County
prior to final subdivision plat approval.
The motion passed (3-2) with Chairman Cofer and Supervisors Spady
and Bradshaw voting in favor of the motion and Supervisors Bradby and
Spivey voting against the motion.
F. The application of First Dominion Land, Inc. for `a change in
zoning classification from A-1, Agricultural Limited to
Conditional R-A, Conditional Rural Residential approximately
seventy-two (72) acres of land located on the east and west sides
of Colosse Road (Route 641) and east side of Darden's Mill Road
(Route 629) in Windsor Magisterial District. The request is for
no more than fourteen (14) single family lots.
Mr. David stated the applicant has requested thatthe application be
tabled until the Board's September 28,1995 meeting.. Mr. David advised the
request to table was received in his office after the advertisement had been
run and letters were sent to adjoining property owners notifying them of
the appUcant's request for tabling .the matter.
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Supervisors Bradshaw and Spivey recommended continuing with the
public hearing as 'scheduled because citizens were present tonight to speak
in regards to the application. ,
County Attorney Crook stated the Board could hold the public
hearing tonight and table the matter to the Board's September 28, 1995
meeting so that the citizens present tonight do not have to return to the
September 28, 1995 meeting.
Chairman Cofer called for citizens to speak in favor of the application.
.Upon no one appearing, Chairman Cofer called for citizens to speak
in opposition to the application.
George Parker of Colosse Road appeared and presented a petition in
opposition to the Board stating it would double the number of homes
presently in the area.
Gilmer Parker of Colosse Road, Anthony L. Jones of Colosse Road,
Clyde Jones of Colosse Road and Jenry Butler of Dardens Mill Road
appeared and spoke in opposition to the application.
County Attorney Crook advised the Board not to act on the
application tonight but continue the public hearing until the Board's
September 28, 1995 meeting to allow all citizens an opportunity to comment
on the matter, those present tonight and .those who may be coming to the
continued meeting.
Chairman Cofer moved the Board continue the public hearing to the
September 28,1995 meeting, that the application be listed as the first public
hearing on the agenda and that the adjoining landowners and applicant be
renotified. The motion was adopted unanimously (5-0).
G. -The application of Roy D. and Shelvia Ruth, owners and .Isle of
Wight County Board of Supervisors, lessees for a Special .Use
Permit to operate a solid waste collection/convenience center on
approximately two (2) acres of land located on the east side of
Stave Mill Road .(Route 646) between Windsor Boulevard (Route
460) and Cut Thru Road (Route 638) in Windsor Magisterial
District. -
Mr. David stated the Planning Commission conducted a .public
hearing at its July 11,1995 meeting and there were citizens who spoke in
opposition to the application. Mr. David stated the Planning Commission
recommended denial of the application to the .Board. Mr. David presented
a slide presentation to the Board which he stated was presented to five
concerned citizens at a public briefing last week in the Town of Windsor.
County Attorney Crook left the meeting. at 8:11 p.m.
Chairman Cofer called for atizens to speak in favor of the application.:
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Upon no one appearing, Chairman Cofer called for citizens to speak
in opposition to the application.
Darren Stoffer, property owner on Stave Mili Road, appeared speaking
in opposition stating that due to potential drainage problems, run off, .
potential rental and resale. value and increased traffic this is not a good site.
Mr. Stoffer stated this is a vast County with ample land available for
facilities such as these.
County Attorney Crook returned to the meeting at 8.19 p.m.
Ralph Suggs of Stave Mill Road appeared stating he was opposed to
the application and presented a petition signed- by residents opposed
because of its close proximity to his and other homes in the area.
Mr. David stated Mr. Suggs had suggested several other sites which
are located further west of the proposed site and not located on Route 460.
Mr. David stated any drainage problems at the proposed site would be
addressed so as not to impact adjoining properties.
Supervisor Spady moved the Board table consideration of the matter
and requested staff to explore other sites and bring back a recommendation
as to the feasibility of alternate sites at the October 19, 1995 meeting, or
earlier if the information is available. The motion was adopted
unatimously (5-0).
H. .The application of M. D. Spivey to amend the operation plan
under the Conditional Use Permit of the "Mae P. Spivey Borrow
.Pit", which is located off the east side of Longview Drive (Route
602) on Spivey Lane in Newport Magisterial District to .name M.
D. Spivey as the owner of the property and request to extend
the life of the permit for an additional five (5) years.
Chairman Cofer called for citizens to speak in favor of the application.
M. D. Spivey appeared and spoke on behalf of his request.
Chairman Cofer called for citizens to speak In opposition to the
application.
Upon no one appearing, Chairman Cofer closed the public hearing
and called for comments from the Board.
Supervisor. Spady -moved the Board approve the application. The
motion was adopted unanimously (5-0).
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At 8:40 p.m., Supervisor Bradshaw moved the Board return. to the
regulaz order of the agenda. The motion was adopted unanimously (5-0).
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At 8:41 p.m„ Supervisor Bradshaw moved the Board take a teirminute
recess. The motion was adopted unanimously (5-0).
If
Supervisor Spivey left at 8:45 p.m. and did not return ~ the meeting.
//
Upon returning to open session at 8:50 p.m., Chairman Cofer called
for .the continuation of the County Administrator's report.
County Administrator Caskey referred to the information contained
in the Board's agenda package regarding the proposed new Carrollton Post
Office. Mr. Caskey stated in March. the Board was briefed that the U.S.
Postal Service had acknowledged that they were. in the process of receiving
proposals for the construction of a new building for a new post office in the
Carrollton area.. Mr. Caskey stated since that time additional information
-and a site plan has been received indicating a preferred site located on
Route 17. Mr. Caskey stated County staff has provided comments to the
U.S. Postal Service responsive to the information sent to the County. Mr.
Caskey noted that the proposed site has ingress and egress limitations as
there is no crossover at this point along the highway.
County Attorney Crook noted that the site must have public sewer as
it is not suitable for. a septic tank.
County Administrator Caskey stated he has received a request from
a local food vendor who is interested in locating a portable food service unit
at the Courthouse complex one day a week.
Following discussion by the Board on how this may adversely affect
the Courthouse Diner business, Supervisor Spady moved the Board direct
staff to respond to Michael Orlando regretfully declining his offer to supply
the Courthouse complex with lunch service at this time. The motion was
adopted unanimously (4-0).
County Administrator Caskey presented a resolution for the Board's
consideration relative to Hurricane Felix.. Mr. Caskey stated emergency
shelters at the Windsor Middle School and Smithfield High School were
opened at 3:00 p.m. on Wednesday and a State of Emergency was declared
for the .County in accordance with the actions by the Governor and the
overall region. Mr. Caskey stated with improved conditions today the
shelters were closed and activities were placed on standby until further
notice. Mr. Caskey stated under the requirements for declaring an
emergency situation, he has prepared a resolution for the Board's approval
which declares a local emergency that was effectuated at 3:00 p.m. on
Wednesday.
Supervisor Spady moved the Board adopt the following resolution:
RESOLUTION TO DECLARE
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A LOCAL EMERGENCY
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WHEREAS, due to the projected landfall and impact of Hurricane Felix, the
County is facing the potential for heavy rain, wind storms, and a condition
of extreme peril of life and property which necessitates the proclamation of
the existence of an emergency; and,
WHEREAS, Section 44146.21 of the Code of Virginia provides for the
declaration of local emergencies; and, ~ .
WHEREAS, the Isle of Wight County Board of Supervisors has approved an
Emergency Operations Plana
NOW, THEREFORE, BE TT AND IT IS HEREBY RESOLVED that the Board
of Supervisors of the County of Isle of Wight, Virginia does consent to the
declaration of a local emergency.
BE IT FURTHER RESOLVED that during the existence of said emergency
the powers, functions, and duties of the Director of Emergency Services for
the County of Isle of Wight and other local officers and employees having
emergency responsibilities shall be those prescribed by the Plan and all
applicable State and Federal law; and,
BE IT FURTHER RESOLVED that this resolution is effective this date, and
shall remain in effect until rescinded by the Board of Supervisors as
provided by law.
The motion was adopted unanimously (4-0).
In response to Mr. Caskey's question, County. Attorney Crook stated
Mr. Casket' as Emergency Services Director has the same authority to
.terminate the declaration of local emergency as he had to declare it.
County Administrator Casket' recommended the Board adopt the
Resolution to Accept and Appropriate $20,?AS From The Commonwealth of
Virginia, Department of Fire Programs, For The County's Volunteer Fire
Departments.
Supervisor Spady moved the Board refer the matter to'the Volunteer
j Fire and Rescue Association for its recommendation. The motion was
'~ adopted unanimously (40).
County Administrator Casket' distributed information to the Board on
the animal shelter evaluation.
//
Chairman Cofer called for Old Business.
A. Vote on Executive Session Quly 27,1995 meeting)
County Attorney Crook advised that because Supervisor Spivey had
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not entered the executive session, it was not necessary for him to vote on
the resolution of certification as to what was discussed in the executive
session.
B. The application of the Isle of Wight County Board of
Supervisors for a Special Use Permit to operate a solid waste
collection/convenience center on approximately two (2) acres of
land located on the south side of Poor House Road (Route 692)
between Courthouse Highway (Route 258) and Bob White Road
(Route 652) in Newport Magisterial District.
Mr. David stated the Board tabled consideration of the matter at their
July 27, 1995 meeting to permit continuing negotiations with a potential
lessee and other interested parties. Mr. David stated prior to this, he spoke
with property owners concerning property they were receptive to leasing
to the County off of Fire Tower Road which is two miles south of the
Courthouse and 4/10 of a mile off of Route 258. Mr. David stated the site
is thickly wooded and electrical service would have to be brought in a
considerable distance.
Supervisor Bradshaw moved the Board table consideration of the
matter until the September 28, 1995 meeting and further direct .staff to
present cost figures. on the two alternative sites. The motion passed (3-1)
with Supervisors Bradshaw, Bradby and Spady voting in favor. of the
motion. and Chairman Cofer voting against the motion.
//
Chairman Cofer called for New Business.
At Supervisor Bradshaw's request, Chairman Cofer moved the Board
appoint Supervisor Bradshaw to take Supervisor Spivey's place as the
Board's committee member responsive to the concerns of the Isle of Wight
Defense League. The motion was adopted unanimously (4-0).
Chairman Cofer requested the County Attorney to research and.
compare the model BPOL ordinance against the County's current ordinance
and report back to the Board on the matter.
Chairman Cofer moved the Board authorize the County Attorney to
advertise a change in the Zoning Ordinance rezoning application fees to
advertise a fee of $100 for a rezoning of one residential iot. The motion was
adopted unanimously (4-0).
Supervisor Bradshaw referred the Master Water and Sewer Plan to the
County Attorney for his review and requested him to report back to the
Board.
//
Chairman Cofer called for Appointments.
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Supervisor Spady moved the Board abolish the Tradesmen
Certification Board and that the members be notified of such abolishment.
The motion was adopted unanimously (4-0).
Supervisor Bradshaw requested staff contact Herb DeGroft to
determine whether he is Interested in continuing to serve on the
Southeastern Virginia Job Training Agency.
//
Chairman Cofer called for approval of the July 27, 1995 minutes.
Upon recommendation of County Attorney Croon, Supervisor Bradby
moved the Board adopt the July 27,1995 minutes..The motion was adopted
unanimously (4-0).
//
Supervisor Spady moved the Board change the regular meeting date
in September from September 21, 1995 to September 28, 1995 at 6:00 p.m.
and authorize advertisement of same in the local newspapers. The motion
was adopted unanimously (4-0).
//
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County Attorney Crook requested an executive session under Section
2.1-344 A3 of the Freedom of Information Act .for advice of counsel
concerning acquisition and/or use of public property for public purposes;
under Section 2.1-344 Al concerning interviewing consultants for contracted
services; also under Section 2.1-344 Al concerning a personnel matter, and,
under Section 2.1-344 A7 concerning ~tential litigation.
At 9:20 p.m., Supervisor Spady moved the Board enter executive
session for the reasons stated. by the County Attorney.. The motion was
adopted unanimously (4-0).
At 10:35 p.m., upon returning to open session, Supervisor Bradshaw
moved .the Board adopt the following resolution:
CERTIFICATION OF EXECUTIVE MEETING
WHEREAS, the Board of Supervisors has convened an executive
meeting on this date pursuant to an affirmative recorded vote and In
accordance with the provisions of the Virginia Freedom of Information Act;
and,
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WHEREAS, 2.1-344.1A of the Code of Virginia requires a certification
by this Board of Supervisors that such executive meeting was conducted In .
conformity with Virginia law;
NOW, THEREFORE, BB IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only Public
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business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the executive meeting to which this
certification resolution applies, and (ii) only such public business matters as
were identified in the motion convening the executive meeting were heard,
discussed or considered by the Board of Supervisors.
AYES: 4
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 1
The motion was adopted unanimously (4-0).
Supervisor Bradshaw moved the Board direct staff to negotiate with
the consulting firm given number one priority by the Board as a result of
the interviews for a contract to provide a new Personnel and Compensation
Plan. The motion was adopted by unanimous vote (4-0).
//
At 10:36 p.m., Supervisor Spivey moved the Board adjourn. The
motion was adopted unanimously (4-0).
~.-
Malcolm T. Cofer, Chai an
W. Dougla ey, Clerk
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