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.
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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.
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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
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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.
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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
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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.
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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:
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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.
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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,
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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,
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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.
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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.
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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.
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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.
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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.
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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