04-16-1987 Regular MeetingPage 257
April 2, 1987
County Administrator Owen requested an executive session to discuss with
Board members and legal counsel matters regarding the sale of property and
personnel matters. Supervisor Turner moved the Board go into exeuutive session
for the purpose of discussing with staff members and legal counsel sale of pro-
perty and personnel matters.. The vote in favor was unanimous. The Board went
into executive session at 3:25 P.M.
Upon returning the-open session Supervisor Ross moved the meeting be ad-
journed. The motion passed unanimously.
Henry~by, Chairman
W. B. Owen, lerk
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SIX-
TEENTH DAY OF APRIL IN THE YEAR NINETEEN HUNDRED EIGHTY SEVEN
PRESENT:. Henry H. Bradby,.Chairman
C. Fred Bailey,-Vice Chairman
Joel C. Bradshaw, Jr.
Thomas L. Rosy
Richard L. Turner
Also attending: H. Woodrow Crook, Jr., County Attorney
W. B. Owen,: County Administrator
Terry D. Lewis, Planning Director
Juanita L. Byrum, Assistant County Administrator
Betty Scott, Secretary
The Chairman called the meeting to order at 7:03 P.M.: The invocation was
delivered by Supervisor Bailey.
~~
Chairman Bradby called for a public hearing on the 198 7 88 Isle of Wight
County School Board budget.
Dr. V. J. Morlino, Superintendent of Schools, stated salaries, fixed costs
and debt service make up 83% of the proposed budget and noted the influx of new
residential development is rapidly increasing the number of students in the
County schools.. The School Board's budget proposal calls .for the salary of new
teachers to increase from $16,400 to $19,000 and provides other teachers with
13% pay raises. Dr. Morlino stated salaries must be increased in the County
to be anywhere near competitive. .The total local share of the budget will rise
from $7,9 million to $10,161,363 under the. present proposal.
Linda Byrum, Presdnet of the PTA Council, reminded the Supervisors that
a teacher's work day does not end at 3:00 P.M. She said other localities less
~i
April 16, 1987
Page 258
than 30 miles away are offering $2,000 more. and that the County is losing its
best teachers.
Suellen Cary, President of Isle of Wight Education Association, concurred
with Mrs. Byrum's statements, saying that although salaries have been improved
the County is still falling behind. She. distributed statistics showing the
County salary is rated 123rd out 136 jurisdictions in Virginia.
Dorothy James, County parent, spoke in support of the budget and urged the
Board to fully support the budget.
Shelton Spivey, Windsor resident, stated there is a need for physical improve-
menu to the schools such. as screens for the windows, air conditioning, and pave-
ment for parking lots.
Jim Pyle, County resident, spoke in support of the budget and asked the Board
to fully .support funding of same.
Tina Pack, Smithfield resident, stated that even though some feel the schools
are second rate, she has found students in the 90th percentile on test scores,
which points to the quality of the education program.-.She asked the Board to
support the budget, in full.
Jan Leaver, Carrollton resident, stated she would like the Board to fully
fund the budget. She continued saying she would like for the children to be well
educated.
Kathy Lipper, Hardy PTA President, expressed a need for window shades and
screens, new. duplicating .equipment and incease in teachers.' salaries. She asked
everyone present in favor of the school board budget to please stand. About 45
parents stood to support full funding of the budget, It was noted by several
persons. attending that the turnout would have been much higher if the public
hearing had not been held on Maundy Thursday, a holy day for many churches.
Pat Sover, County resident, asked the Board members to stand if they had
visited a County school within the last year, Four members stood, Supervisors
Ross, Turner, Bradby and Bailey. Mrs. Sover spoke in favor of the budget and
asked the Board to fully support same.
Parker Councill, Smithfield citizen, spoke in favor of the budget, especially
to increase the teachers salaries. He asked the Board to fully support the
budget.
Lloyd King, Rescue parent, asked the Board to support fully the implementat-
ion of the budget. Mr. King stated there are some high school graduates who
need groundwork - they cannot read. He feels there is a great need for the
it
April 16, 1987
basics: reading, writing and arithmetic.
Page 259
Glenn Sauls, parent, .urged the Board to fully support the budget.
Chairman Bradby stated that by law the Supervisors cannot act on the pro-
posed budget until seven days have elapsed and stated the. Board meeting would
be continued in order to consider the school board budget. It was agreed by
the Board members that the continued meeting to act on the School Board Budget
would be April 23, 1987 at 7:00 P.M.
//
County Administrator Owen informed the Board members that the Property
Committee, Carrsville Fire Department Committee and Spady & Spady Architects
had met and it was the consensus of same to ask the Board to approve the
specifications and plans and authorize the architects to advertise for bids.
Supervisor Bailey moved the Board concur with the recommendation and authorize
Spady & Spady to advertise for bids with the bids to be submitted by May 19,
1987. The motion passed unanimously,
Florine Moore, Smithfield Town Mayor, gave a report on the proposed renovat-
ion plans for the old Smithfield High School, Mrs. Moore stated the work would
be done in three phases and it is expected the Town and County will. fund the
project an a 20%/80% basis. .Supervisor Bailey queried Mrs. Moore as to whether
the Parks & Recreation Facilities Authority would have offices in the proposed
building. Alan Nogiec, Director of the Parks & Recreation Facilities Authority,.
replied stating the. administrative authority offices only .would be in the build-
ing. The programs will reamin at the Nike Park, said Mr. Nogiec. Mr. Nogiec
continued stating moving the offices would allow them to be more centrally loc-
ated, thus providing. better working conditions and a better location to serve
the people. The programming .will not cease or slow down, said Mr. Nogiec.
//
Chairman Bradby called for a public hearing on the following ordinance:
An Ordinance To Amend Chapter 4.1 of The Isle of Wight County
Code To .Change The Name and Definition Of Community Antenna
Television Systems To Cable Television Systems
County Attorney Crook stated this amendment was necessary in order to com-
ply with the change in the enabling statute, There is only one cable television
company in the County, said County Attorney Crook. Mr. Crook continued saying
he had contacted the attorney fro the television company regarding the amendment
and they have no problems with it. Mr .! Crook stated he recommended the Board
adopt the ordinance.
April 16, 1987 Page 260
On recommendation of Supervisor Turner, the. Board voted unanimously to
adopt "An .Ordinance To Amend Chapter 4.1 Of The Isle of Wight County Code To
Change The Name and Definition Of Community Antenna .Television Systems To
Cable Television Systems".
AN ORDINANCE TO AMEND CHAPTER 4.1 OF THE ISLE OF WIGHT COUNTY
CODE TO CHANGE THE NAME AND DEFINITION OF COMMUNITY ANTENNA
TELEVISION SYSTEMS TO CABLE TELEVISION SYSTEMS
Section 4.1-1. Short title,
This chapter shall be known and may be cited as the "Cable
Television License Ordinance".
Section 4.1-2. Definitions.
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meanings respectively
ascribed to them by this section:
Annual gross operating.revenues. Any and. all compensation and
other consideration derived directly by the licensee from sub-
scribers in the county for regularly furnished basic cable service,
not including revenues derived from per-program or per-channel
charges, leased channel revenues, advertising revenues or taxes on
services furnished by licensee imposed directly on any subscriber
or user by the .county, state or other governmental unit and co1-
lected by licensee for such governmental unit.
Board. The. Board of Supervisors of the county.
Cable Television System. (.hereinafter referred to as "Cable
System, or System"). Any facility consisting of a seta of closed
transmission paths and associated signal generation, reception and
control equipment that is designed to provide cable service which
includes video. programming .and which is provided to multiple sub-
scribers within a community, except th.e such definition shall not
include (i) a system that serves-fewer than twenty subscribers,
(ii) a facility that serves only to retransmit the television
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 a 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. 201 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 pro-
gramming, or (ii) other programming service, and subscriber inter-
action, if any, which is required for the selection of such video
programming or other programming service.
Economically feasible. Therein it relates to cable extension,
extending into those areas immediately contiguous to an area being
served where density is no less than forty homes per linear mile..
Person. Any person, firm, partnership, association, corporat-
ion, company or organization of any kind.
Technically 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.
April 16, 1987 Page .261
Section. 4<1r3, License generally.
The county may grant a license to any cable television system
and thereby grant the right and privilege, subject. to the lmitat-
ions 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
thereto, in the county, on poles, wires, cable, underground con-
duits, manholes., and other television conductors and 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 distribut-
ion of television and radio signals.
(a) Nonexclusive license. The right to vse and occupy such
roads, alleys,. public ways and places, or the facili ies 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 wny person at
any time.
(b) Qualifications of licenses. 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..
Sec 4 1-4 Liability of licensees for losses `sustained b~
county; insurance.
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 calbe television system authorized herein, whether or not
any act or omission complained of is authorized, allowed or pro-
hibited 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 least:
(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 for personal injury to any one
person;
(4) Two million dollars for personal injury in any one
occurrence;
(S) One hundred thousand dollars for infringement of
copyrights; and
(6) Fifty thousand dollars for all other types of
liability.
Such insurance. shall be kept in full force and effect by the
licensee during the existence of the license and until after the re-
moval of all poles, wires, cables, underground conduits, manholes
April 16, 1987
Page 262
and other conductors and fixtures incident to the maintenance operat-
ion of the system authorized by the licensee, All the %nsurance con-
tracts shall be issued and maintained by companies authorized to do
business in the sate and acceptable to the county, and such contracts
shall provide for thirty (30) days' written notice of any cancellation
to both the county anal licensee.
Section 4 1-5 Licensee to comply with applicable 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 t:he county, state. or federal
government shall provide, Any lawful modifiction resulting from
amendment of Section 76.31 (Francise Standards) of the Rules and Re~
gulations of the. Federal Communications Commission (FCC) .shall be
incorporated into this ordinance as of the date .such modifications
.became 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'
occur s. first.
Sec. 4,1-6. Territorial area involved..
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 or town. contiguous to the jurisdiction or confines of the
county, where it is economically and technically feasible to do
so, as defined herein.
Sec. 4.1-7. Application to Federal Communications Commission:
construction schedule.
The licensee shall, within sixty (60) days from the date an
area qualifies to be served, make proper application to the Federal
Communications Commission for-all permits, licenses or .approvals
required by law for the construction and operation of a cable tele-
vision system, and shall promptly and diligently pursue the grant
ing 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 in-
stall coaxial cables within twenty-eight (28) months to the
.qualifying area.
Sec. 4.1-8. Technical standards and signal quality requirements.
(_a) The licensee shall engineer, install, maintain, operate, and
equip the cable television system herein provided so as to, meet the
technical standards of the Federal Communications Commission.
(b) The signals distributed by the licensee shall be the best
possible signals available under the circumstances existing at the
time and shall provide the best possible quality reception to each
subscriber,
(c) The licensee shall demonstrate, by instruments and other
wise, to subscribers that a signal of adequate strength and quality
is being delivered.
Sec 4 l-9 - Operations 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, shall occur during
periods of minimum use of the system. The licensee shall maintain a
toll free 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.
April 16, 1987 Page 263
Sec. 4.1-10. 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' operat-
ion, 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.
Sec. 4.1-11. 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 or town
from which the service is being extended..
Sec. 4.1-12. Service to schools.
The licensee shall provide service to all public school locations
and teaching stations within the areas of the county being served for
educational purposes upon request by the county and at no cost to it
or to the public school system. 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 regligious schools.
Sec. 4.1-13. Emer~encv use of facilities.
In the case of any emeregency or disaster, the licensee shall,.
upon request of the county, in coordination with the proper
authorities from the city 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.
Sec. 4.1-14. Other business activities of licensee.
(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 permit which might be required of the licensee
by the county, the state or the United States.
Section 4.1-15. Promulgation of rules, etc. by licensee.
The licensee shall have the authority to promulgate such rules,
regulations, terms and conditions governing the conduct of. its busi-
ness as shall be'reasonably necessary to assure an uniterrupted ser-
vice 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 or of the United States.
Sec. 4.1-16. Safety requirements.
(a) The licensee shall at all times employ ordinary care and shall
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.
April 16, 1987
Page 264.
(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.
Sec. 4.1-17. Conditions of road and street occupant
(a) Interference with use or roads, streets, etc.. All trans-
mission and distribution structures, lines and equipment rented 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 or reasonable con-
venience 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 o.r his duly appointed agent, replace and restore all
paving, sidewalks, driveways or surfaces of any street or alley dis-
turbed in as good condition as before said work was commenced.
(c) Relocation 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, relay 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
all such poles or other fixtures .placed in any street or otherwise
shall be placed at the outer edge off 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, and then in such a manner as
not to interfere with the usual travel on said roads, streets, alleys
.and public ways. All to be approved. by the county administrator and/or
the resident engineer of the department of highways and transportation
in accordance with existing policy.
(e) Temporary 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) Tree trimming. 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.
Sec. 4.1-18. Preferential or discriminatory practices prohibited.
The licensee shall not, as to rates, charges, service facilities,
rules, regulations or in any other respect, make or grant any pre-
ference 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.
Sec. 4.1-19. Removal of facilities upon request.
Upon termination of service to any subscriber, the licensee shall
April 16, 1987
Page 265
promptly remove all its facilities and equipment from the premises
of such subscriber upon his request.
Sec. 4.1-20. Rights reserved by county,
(a) Additional regulations in exercise of county 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; pro-
vided, that such regulations, by ordinance, or otherwise, shall. be
reasonable, and not in conflict with the rights herein granted and
shall not be in conflict with the laws of the state or of the United
States.
(b) Use of system by county. The county shall have the right dur-
ing 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.
(c) Supervision and inspection. The county shall have the right
to supervise all construction or installation work .performed subject
to the provisions of this chapter and to make such, inspections as it
shall find necessary to insure compliance with governing ordinances.
(d) Procedure after expiration of license. At the. end of the term
of any license issued hereunder, the county shall v~'the right to
determine whether the licensee shall continue"to operate and maintain
its distribution system pending the decision of the county as to the
granting of another license. for its future maintenance .and operation
of such system.
Sec. 4.1-21. License tax; penalty for late payment of license tax.
(a) The licensee shall pay to the county annually a tax in the
amount of three percent (3%), or a higher percent if approved by the
FCC, but not to exceed five percent (5 %), of .the annual gross operat-
ing 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 caithin sixty (60) days of the
end of each calendar year or part thereof. In .the event that any pay-
ment is not made on or before the aforesaid date, the county shall
assess a penalty of 10% of the amount due, plus interest o.n such pay-
ments from such due date at the annual rate of 12%. Should legal
action be required to collect such. fees, penalty and interest, the
county shall be entitled to attorney's fees of 25% of the total amount
due and court costs.
{b) Upon the issuance of the licensee, the licensee shall pay to
the county the sum of $500.00, which shall be nonrefundable and shall
be credited to the first annual tax imposed. If the licensee fails to
start operations in a substantial manner satisfactory to the county
within 28 months, said payment shall be retained by the county.
Sec. 4.1-22. Rates for services.
Rates charged by the licensee for service hereunder shall be the
same rates charged by the licensee in the city or town from which
the service is being extended.
Sec. 4.1-23. Records and rem orts.
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:
April lEa; 1987
Page 266
__ _ ,_ ___
(a) Company rules and regulations, Copies of xules~ xegu]_ations,
terms and conditions and all.. plans .adopted by the licensee for the
conduct of its business.
(b) Gross revenue. An annual summary report. shpwing gross re-
venue received by the licensee from its operations within the county
during the proceeding year and such other in,formation.as the county
shall request with respect to properties and expenses related to the
licensee's service within the coup y shall be made available upon re-
quest,
Sec. 4.1-24, Term of license,
The license and rights therein granted under the provisions of
this chapter and all renewals thereof shall be for terms of l5 years..
Sec, 4,1-25. Transfer of license.
The license shall not be assigned or transferred, in whole or
in part, without the: consent of the county,
Sec. 4..1-26. Revocation of license,
Any violation by the licensee or its vendee, lessee or successor
of the. provisions of the license or"any material portions thereof,
ox of this chapter, or the failure promptly to perform any of the
provisions of said license shall be causefor the revocation of the
license and all rights thereunder by the county, after written
notice. to the licensee.
Sear 4.1-27, Performance bond,
Within thirty (30) days-after the issuance of the license, the
licensee shall deliver to the county a performance bond executed by
licensee, with. corporate surety authorized to do business. within
the state, in the principal sum of fifty thousand ($.50,000.0.0)
dollars, conditioned upon. the licensee complying in .all respects
with the provisions of this chapter, with he further obligation
of licensee to make payment of the annual tax imposed under section
4.1-21.
Adopted this 1.6th day of April, 1.987.
Henry H, radby, Chairman
Attest:
t
r'
W. B. Owen, rk
Helen H. King, representing the-Isle of Wight County Historical- Society,.
asked the Board to study and review the. possibility of making the Isle of
Wight Courthouse area a historical zone. Following discussion, Supervisor
Turner moved the Board ask the Planning Commission to sfudy and review the
possibility of making the Isle of Wight Courthouse area a historical zone
and send a report back to the Board. The vote. in favor was unanimous
/~
Planning Director, Terry D. Lewis, presented the following Conditional
Use Permit applications for the Board's consideration:
April 16, 19$7 Page 267
1. The application of Bernice W „ Mary K., Joseph. W, and Lora
W, Ke11.y for a Conditional Ilse Permit to locate a mobile
.home for Mx. and. Mrs. Don.. Carlos Lancaster, Jr, off vellines
Lane, in Newport Magisterial District,
No one appeared in favor o.r apposition, The Planning Commission voted un-
animously to recommend approval, said Mr, Lewis,.
Supervisor Turner moved the Board approve the application of Bernice W,,
Mary K., Joseph W. and-Lora W, Kelly for a Conditional Use Permit to locate
a mobile home far Mr. and Mxs. Don Carlos Lancaster, Jr. off Vellines Lane,
in Newport Magisterial District with the condition the mobile home be occupied
only by Mx, and Mxs. Don Carlos Lancaster, Jr, and their immediate family,..
The motion carried unanimously.
2. The application of George Construction. Company, owner, and
Continental Telephone of Vix'ginia, prospective owner, for a
Conditional Use Permit to locate -a l2" x 12~ unamed struct-
ur.e housing a d.i tributi.on facility on Route 644, in
Hardy'Magsterial District, .
No one appeared in favor or opposition, Planning Director Lewis stated
the Planning Commission voted unanimously to recommend approval.
Supervisor Ross moved the Board accept the Pianning Commission"s recom-
mendation and approve the application of George Construction Compang,..owner,
and Continental Telephone of Virginia, prospective owner, for a Conditional Use
Permit to locate a 12' x 12' unamed structure housing a distribution facility
on Route 644, in Hardy Magisterial Di-trict, The. vote in favor was unanimous,
Planning Director Lewis presented the following subdivision plat for the
Board's consideration:
A plat showing a portion of the property of Charlie Rogers
Jones being conveyed to Chaxl%e R. Jones and Laura S. Jones,
1,72Q acres of land located on Route 647, in Hardy
Magisterial. District.
No one appeared in favor or opposition, Planning Director Lewis stated the.
proposed lot is the. second lot being subdivided from the parcel since the County
adopted a policy requiring Planning Commission and Board of Supexvisars~ approval
of the subdivision of two ox more lots, The plat has been reviewed by the De-
partment of Highways and Transportation and the Health Department, and_is
acceptable. to each agency said Mr. Lewis. The Planning Commission voted un-
animously to recommend approval, said Mr, Lewis.
Supervisor Bailey moved the Board approve the plat showing a portion. of
the property of Charlie Rogers Jones being conveyed to Charlie R, Jones and
Laura S. Jones, 1.,720 acres. of land located on Route 647, in Hardy Magisterial
District, The motion passed unanimously.
April 16, 1987
Page 268
Planning Director Lewis informed the Board members John. Bryant, developer
of the Beaverbrook Manor Mobile Home Park,_has requested that the amount of
tree construction performance bond be reduced from. the bond amount of $379,427,
set by the Board of Supervisors ~n November 6, 1986, to $304,546, The reduced
amount is based upon a tabulation of contract costs for construction impr.ove-
ment items far Section I, said Mr, Lewis.
Ann Simpson Jones, attorney representing. Mr, Bryant, stated .the contracts
do not contain an assignment provision to the County.. Mrs. Jones continued
saying her client has no objection to setting the construction bond. amount with
the understanding that contractural rights be assigned to the County.
.Discussion continued relative to the amount of the construction bond.
John Bryant, developer, appeared and advised the Board members the bond should
be $276,860 plus 10%. The additional costs were costs incurred for survey
fees, engineer fees,. permits, hook-ons, storage. items, etc., stated Mr. Bryant.
Following discussion, Supervisor Turner moved the Board approve the re-
duction of construction performance bond to $304,546 with the condition the
contractural rights be assignable to the County and provided that documentat-
ion of the services paid be presented to the Planning Director to substantiate
the claim that the unpaid contracts total $304,546 and the bond be posted prior
to occupancy of the units. The vote in favor was unanimous.
~/
On motion of Supervisor Turner, the Board voted unanimously to review the
Longview Agricultural Forestal District and referred the matter to the Agri-
cultural and Forestal District Committee and the Planning Commission for review
and recommendations.
Planning Director Lewis reminded the. Board members that a replacement for
Claude A. Nurney, Sr., who resigned as a member of the Agricultural and Forestal
Advisory District Committee, is needed and asked the Board to appoint someone.
as soon as possible.
//
County Attorney Crook presented a Resolution declaring the celebration
of Extension Week, April 20 to 26, for the Board's consideration as requested
by Extension Unit Director, Herbert L. Jones. Supervisor Turner moved the
Board adopt the Resolution declaring the celebration of Extension Week April
20 to 26, 1987. The motion passed. unanimously.
Page 269
April 16, 1987
RESpLUTION
WHEREAS, Isle of Wight County commercial-farmers con
tribute to the production of food and fiber for the county,: the
state, the nation,. and the world, and Extension education pro-
grams are helping them learn marketing and production techniques
designed to restore profitability to agriculture, and
WHEREAS, Isle of Wight County families are its most
valuable resource and Extension can help them take advantage of
economic opportunities ranging from learning to establish home
based business to educating community leaders to attract capital
investment and plan-for develament, and
WHEREAS, a healthy society is built on a healty populace,
and the County's concerns of reducing infant mortality, promoting
healthy food habits, avoiding. accidents and pesticide poisonings
are among those in which Extension expertise is reducing the waste
cause when preventable health problems are not overcome, and
WHEREAS, every individual in Isle of Wight County has
inherent qualities that can contribute to resolving critical
issues, and Extension .seeks to develop hese human qualities
in all individuals so they can more successfully deal with con-
temporary lifestyle problems and prepare for future leadership
roles, and
WHEREAS, the natural resources of Isle of .Wight County
are entrusted to us for only a short time, and Extension is teach-
ing Virginians to protect and nurture those resources so that
they will remain as long-term assets in the economic, physical
and social life of the county, and
WHEREAS., work aspects area vital and everyday part of
the lives of many citizens and Extension is seeking to upgrade
workers and enterpreneurs by offering continuing education work--
shops, facilitating the licensing and recertification of pro-
fessionals and transferring appropriate technology to Virginia
business and industry,
THEREFORE, be it resolved that the Tsle of Wight County
Board of Supervisors participate in the celebration of Extension
Week, April 20 to 26 in .order to celebrate Virginia Cooperative
Extension Service's efforts to address the critical issues through.
educational programs so that research-based knowledge will foster
a thriving economy and social wellbeing in this county.
Adopted this 16th day of April, 1987.
enry H. radby, Chairman
Attest:
f
W. B. Owen, C erk
~/
At 8:38 P.M. Supervisor Turner moved the Board have a ten minute recess,.
which passed unanimously. The Board reconvened. at 8:50 P.M.
~~
County Administrator Owen presented a letter to the Board of Supervisors
from C. Fred Stewart, attorney, on behalf of the Airway Shopping Center. Mr.
April 16, 1987
Page 270
Stewart's letter expressed a desire to have the Board review that part of
the zoning ordinance that requires one parking space for every 100-square
feet of public space. Mr. Stewart's letter included ordinances from other
localities that provide for fewer spaces .and a request that the Board consider
reducing its requirements i.n its zoning ordinance. On motion of Supervisor
Turner, the Board voted unanimously to refer the request to the Planning Com-
mission for consideration.
On motion of Supervisor Turner, all members of-the Board present voted
unanimously to participate in the matching funds. program with the Department
of Highways and Transportation. in the amount of $100,000 of revenue sharing
or general fund money. Supervisor Bradshaw was absent when the vote was taken.
Supervisor Turner moved the Board approve payment 4~4, in the amount of
$97,006.22, to Henderson, Inc, for construction work on the Courthouse
addition. Mr, Owen. reported that this amount. was less than requested by
Henderson, Inc. due to the fact that Dave Bugin, Talbot & Associates, Ltd.
representative, had reviewed the certificates and found some things which
should not have been included. The vote in favor was unanimous.
County Administrator Owen presented a bill from Vernon Ray .Edwards for
costs involved in painting the Health Department Building. The bill was for
$600 more than the bid, Following discussion, Supervisor Turner moved the
Board ask Public Works Director Bernd and the Property Committee to review
the specifications. and bids and bring a recommendation back to the next Board
meeting. The .motion carried unanimously..-
Supervisor Bradshaw queried County Administxator Owen as to the progress
on the electronic voting machine for the Board roam to which Mr. Owen replied
the company is sending information on it; it is the same company that did
Virginia Beach's.
//
Chairman Bradby called for consideration of the following rezaning ap-
plication tabled at the April 2, 1987 Board meeting:
The application of John T. Matthews-for a change in zoning
classification from A-1, Agricultural Limited, to B-l,
Business General, approximately 9.5 acres of land for uses
allowed in a business zone, anal from A-l, Agricultural
Limited, to R-l, Residential Limited, approximately 3.5
acres of land for single family residential lots. The
property fronts on the south side of Route 460 and on
the north side of Route 636, west of Route 460 and Route
636 intersection, in. Windsor Magisterial District,
April 16, 1987
Page 271
Durwood Scott, realtor, appeared to represent the applicant. Mr. Scott
stated the application had been denied by the Planning Commission and sent to
the Board for consideration at which time he had requested the application
be tabled until the next meeting in order for the applicant to determine a
more definite plan for use of the property.
Planning Director Lewis stated the Planning Commission recommended denial
of both the commercial and residential components of the rezoning application
because .they noted the strip of small residential lots proposed along Route
636 was contrary to the Commission's policy against strip development along
existing roads. 'Also, there would be no buffer .between the existing residential
development and the proposed shopping center, and it would be poor planning
to permit a shallow strip shopping center with probable shallow, head-in park-
ing along-Route 460. Mr. Lewis continued stating the Commission concluded it
would be more desirable to use the full property for a shopping center so that
more controlled access to a parking lot would be provided to Route 460.
Following discussion, Supervisor Ross moved the Board concur with the
Planning Commission's recommendation and deny the application of John T,
Matthews for a change in zoning classification from A-l, Agricultural Limited,
to B-l, Business General, approximately 9.5 acres of land for .uses allowed in
a business zone; and from A--l, Agricultural Limited, to R-l, Residential
Limited, approximately 3.5 acres of land for single family residential lots.
The vote in favor was unanimous.
~~
On motion of Supervisor Bailey, the Board voted unanimously to award the
contract to 5pady & Spady Architects, low bidder for architectural services
to the Circuit Court Clerk's Office.
~/
County Attorney-Crook, at the request of Commissioner of Revenue, Gerald
H. Gwaltney, presented the following personal property tax refund request for
the Board's consideration:
Ada Odell Johnson - due a refund for personal property taxes paid in 1986
in the amount of $25.16.
Supervisor Turner moved the Board approve the refund of $25.16 to Ada
Ode11 Johnson for personal property taxes paid in 1986. The motion carried un-
animously.
Per recommendation of County Attorney Crook and on motion of Supervisor
April 16, 1.986
Page 272
Turner, .the voted unanimously tq approve the contract from the Council on
Environment in the. amount of $9600 subject to presentation of attachments A
and B if found satisfactory on review thereof by County Attorney Crook,
~/
County Administrator Owen asked the Board for .authorization to pay Vernon
Ray Edwards $3700, the previous amount approved, for painting the Health De-
partment. with the understanding the additional $600 would be reviewed and
studied by Public Works Director Bernd and the"Property Committee.
Supervisor Turner moved the Board authorize County Administrator Owen to
pay Vernon Ray Edwards $3700, as previously approved, for painting the Health
Department with the understanding the additional .$600 will be reviewed and
studied by Public Works Director Bernd and the Property Committee, The vote
in favor was unanimous.
//
Per recommendation of the Personnel. Gommittee and on motion of Supervisor
Ross, the Board approved County Administrator Owen remaining as County Ad-
minister until May 7, 1987 with Supervisors Ross, Turner, Bradby and Bradshaw
voting aye and Supervisor Bailey abstaining..
~C
Chairman Bradby moved the Board approve the Thomas Park Bill Register in
the amount of $7,730.4:5. The motion carried unanimously.
~/
Supervisor Bailey moved the Board appoint Miss Virtley A, Porter, Route 3,
Box 671, Smithfield, Virginia, to serve as a member of the Isle of Wight Com-
mission on Aging from the Windsor District, The vote in favor was unanimous.
Supervisor Bradshaw moved the Board appoint Robert Bishop, P. 0. Box 54,
Zuni, Virginia, to serve another term as a member of the Western Tidewater
Community Mental Health & Retardation Services Board, The motion passed by
unanimous vote of the Board.
Supervisor Bailey moved the Board appoint Richard J. Holland, 32 North
court Street, Windsor, Virginia, to serve another term as a member of the In-
dustria.l Development Authority.. The motion carried unanimously.
~~
On motion of Supervisor Bailey, the Board voted unanimously to"approve the
General Fund Bill Register as amended.
//
April 16, 1987.
Page 273
Per recommendation of County Attorney Crook and An motion of Supervisor
Rass, the Board voted unanimously to approve the March 19, 19$7 Board of
Supervisors minutes.
~/
County Attorney Crook requested an Executive Session to discuss with
staff members negotiations of intergovernmental agreements. Supervisor Turner
moved the Board go into Executive Session to discuss with legal counsel and
staff members negotiations of intergovernmental agreements. The vote in
favor was unanimous. The Board went into Executive Session at 9:45 P.M. and
returned to open session at 10:05 P.M.
//
On motion of Supervisor Ross, the Board voted unanimously to continue the
Board of Supervisors meeting until April 23, 1987-at 7:00 P.M,
enry H, radby, Chairman
W. Owen, .Clerk
CONTINUED MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE
TWENTY'THIRD DAY OF APRIL IN THE YEAR NINETEEN HUNDRED EIGHTY SEVEN
PRESENT: Henry H. Bradby, Chairman
C, Fred Bailey, Vice Chairman
Joel C. Bradshaw, Jr.
Thomas L,, Ross
Richard L. Turner
Also attending: H. Woodrow Crook, Jr., County Attorney
W. B. Owen, County Administrator.
Betty Scott, Secretary
Chairman Bradby called the meeting to order at 7:05 P.M, The invocation
was delivered by Supervisor Bailey.
//
Chairman Bradby reported as a member of the Finance Committee and stated
he thought he had reached a consensus with Supervisor Bailey, also a member of
the Finance Committee, However, Supervisor Bailey said he wanted more informat-
ion about the proposed cost. of medial insurance in the budget before he could
vote on it,
Chairman Bradby further reported the Finance Committee met with Dr. V. J.
Morlino, Superintendent of Schools, County Attorney Crook and the County's
Financial consultant_to study. and review the.. proposed. 1987-88 Isle of Wight