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03-24-2010 Regular Meeting REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTY- FOURTH DAY OF MARCH IN THE YEAR TWO THOUSAND AND TEN PRESENT: Phillip A. Bradshaw, Chairman (Arrived at 5:05 p.m.) Thomas J. Wright, III, Vice - Chairman Al Casteen Stan D. Clark JoAnn W. Hall (Arrived at 5:05 p.m.) Also Attending: A. Paul Burton, Interim County Attorney W. Douglas Caskey, County Administrator Carey Mills Storm, Clerk Vice - Chairman Wright called the meeting to order at 5:00 p.m. Supervisor Clark delivered the invocation. // The Pledge of Allegiance was conducted. Chairman Bradshaw called for Approval of the Agenda. Interim County Attorney Burton offered the following amendments to the agenda: Under the County Attorney's Report, add two (2) closed meeting items; under the County Attorney's Report, add authorization to approve a tax refund due to Cypress Creek Golfers Club in the amount of $7,042.80; under the County Attorney's Report, add a Resolution to Appropriate Funds from the PACE Reserve Fund; under Old Business, add an accounting report per Supervisor Casteen; under closed meeting, add one (1) item per Supervisor Clark; and under Old Business, add discussion regarding Dudley Joseph Edwards concerning the Matthews Farm Lease per Supervisor Wright. Supervisor Wright moved that the Board approve the agenda, as amended. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Casteen, Clark and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Hall absent. // Chairman Bradshaw called for Special Presentations /Appearances. 1 Animals available for adoption at the Isle of Wight County Animal Shelter were on display. Sharon Jones, Clerk of the Circuit Court, thanked the Board for its past financial support and advised that her budget has been restored by the State with the exception of 1%. Ms. Brinkley, Counselor at Windsor High School; Ms. David, Ninth Grade Counselor at Smithfield High School; and Howard Freeman, Assistant Principal at Smithfield High School, addressed the Board regarding ninth grade transition programs and graduation rates at the County's schools. Lonnie Johnson, Virginia Cooperative Extension Service, addressed the Board regarding the current status for staffing of the Extension Service positions for Isle of Wight County in response to State budget reductions for 2010 and 2011. He advised that he will be requesting the State to fund an Extension Agent and 4 -H Agent position for the County in his budget. Supervisor Wright moved that the Board direct staff to draft a letter for the Chairman's signature in support of the two (2) Extension Service positions for the County. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. 1/ Chairman Bradshaw called for consideration of the Consent Agenda. A. Courts Building Change Orders . Resolution to Authorize Two Change Orders to the Young - Laine Courts Building Contract B. Blackwater River — Scenic River Designation and Anniversary Celebration C. Blackwater River Gauges D. U.S. Department of Justice SCAAP Grant Funds Awarded . Resolution to Accept and Appropriate Funds from the U.S. Department of Justice State Criminal Alien Assistance Program (SCAAP) Program E. Application for Grant Funds — State Homeland Security Program Grant for License Plate Reader 2 . Resolution to Authorize the Submission of a Grant Application and to Accept and Appropriate Grant Funds from the Virginia Department of Criminal Justice Services F. DMV Highway Safety Project Grant . Resolution to Accept and Appropriate Grant Funds from the Virginia Department of Motor Vehicles for the Highway Safety Project Grant G. Litter Pickup H. Notes from the Small Business Committee Meeting held February 2010 I. Planning Commission Action List of February 23, 2010 J. January 21, 2010 Regular Meeting Minutes K. February 18, 2010 Regular Meeting Minutes L. March 1, 2010 Joint Meeting Minutes Supervisor Clark moved that the Consent Agenda be approved. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. /! Chairman Bradshaw called for Regional Reports. Regarding the Hampton Roads Partnership, Chairman Bradshaw reported that Mayor Councill briefed the Partnership on the regional effort with International Paper. Regarding the Hampton Roads Planning District Commission, Supervisor Clark reported that there had been substantial discussion regarding whether or not there was sufficient information to react to the EPA's suggestion to tighten air quality controls. He advised that he had made a motion at the HRPDC to send a letter opposing the tightening of air quality controls, which was defeated, and that a letter was sent to the EPA advising that they have not allowed sufficient time to investigate the effects of lower air quality controls on the region. Regarding the Smithfield Intergovernmental Relations Committee, Supervisor Casteen reported that the Committee had reviewed the Water and Sewer Agreements. 3 Regarding the Social Services Board, Supervisor Hall reported that the budget had been discussed. Regarding the Southeastern Public Service Authority, County Administrator Caskey reported that the Authority is continuing to work on its budget. He advised that the Authority had set a public hearing on the tipping fee at its April meeting and it will be advertised at the rate of $170.00 per ton. He advised that the Authority also discussed the closure date on the sale of the waste-to-energy plant and the Authority is awaiting the Governor's office to approve the volume cap. He stated IRS and bond agency issues were also discussed. Regarding the VACo/Board of Directors, Chairman Bradshaw reminded the Board to attend the VACo Spring meeting on May 1, 2010 at 5:00 p.m. at Supervisor Wright's home. Regarding the Western Tidewater Regional Jail Authority, Supervisor Wright reported that State budget reductions were discussed. He advised that a mishap had occurred which was due to an insufficient number of guards and the jailer is now in satisfactory condition. Regarding the Windsor Intergovernmental Relations Committee, Supervisor Wright reported that the VDOT Residency Administrator, MacFarland Neblett, had attended the meeting and discussed drainage funds being utilized for sidewalks and ways that the intersection at Route 460 in front of the Post Office and Windsor Congregational Christian Church could be improved. Supervisor Clark reported that the Lt. Governor and the Secretary of Commerce and Trade flew into the Franklin Airport to discuss the International Paper Plant. He stated that both individuals pledged any needed resources. Chairman Bradshaw called for Transportation Matters. Eddie P. Wrightson, Director of General Services, advised that a portion of Laurelwood Drive (Route 730) located in the Laurels Subdivision had been taken into the State system for maintenance in 1995; however, three (3) additional homes have since been built beyond the end of the State - maintained section and owners of those properties have petitioned for State maintenance. He requested permission to request that VDOT evaluate the extension of Laurelwood Drive for inclusion to the County's Rural Addition list for State maintenance. 4 Supervisor Clark moved that staff be authorized to request VDOT to evaluate the extension of Laurelwood Drive for inclusion to the County's Rural Addition list for State maintenance. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Per the inquiry of Supervisor Clark regarding whether or not the deceleration lane at Sentara is legal, MacFarland Neblett, VDOT Residency Administrator, offered to investigate and report back to the Board. Mr. Neblett advised that efforts are currently underway by VDOT to install a trench drain on James Way and should be complete within the next two (2) weeks. Mr. Neblett advised that he will be retiring from VDOT on April 23, 2010. // Chairman Bradshaw called for Citizens Comments. Stephanie Bailey, President of the Isle of Wight Education Association, addressed the Board concerning the impact of reduced funding for the School division. She spoke in favor of existing employees being retained and that Windsor Middle School remain open to ensure that the education in the County does not regress. Herb DeGroft, 15411 Mill Swamp Road, expressed concern regarding the proposed Capital Improvements Program and recommended a new demographics study be conducted before any more new school buildings are built. Thomas Finderson, Newport District, addressed the Board concerning the proposed power plant in Dendron. He advised that the State Air Pollution Control Board (APCB) does not have representation from southeastern Virginia and all areas of the State should have representation. He advised that, if approved, the proposed power plant can seek and will receive rate increases and if the ozone level is exceeded, the APCB can cause the County to perform extended inspections at additional costs to the citizens. He noted that the impact on the Intermodal Park will be catastrophic. Chairman Bradshaw called for Board comments. Supervisor Clark remarked that the Editor of the Smithfield Times had recently indicated that the Board should have foreseen the closure of International Paper (2). He noted that no entity published any indication 5 that IP was going to close and, if it was to be known, Mr. Edwards would have picked it up and published that news. He advised that only one (1) week before the closure was announced, the County was assured by IP that it was operating at a profit and would be conducting business here for the foreseeable future. He also stated that Mr. Edwards, in a subsequent article, had inferred that the Board had asked the Fire and Rescue Association to delay certain items in the Capital Improvements Plan when, in actuality, the Association had volunteered that on their own. He stated that Ms. Bailey, under Citizens Comments, had indicated that there are other savings within the school system that need to be reviewed. He stated that the Board had previously requested the School Board to consider consolidation efforts with the County and that Albemarle County has an extensive shared services program in a number of areas which result in substantial savings for that jurisdiction. He stated that if the School Board is willing to work with the County, sufficient savings can be realized in those areas to keep Windsor Middle School open. He stated that this Board has the ultimate responsibility to ensure that each dollar is used wisely and he is committed to ensuring that shared services do occur. He stated that the Superintendent's first round of cuts were disappointing in that the allocation for school supplies for teachers was the last thing that should have been cut. He stated some of the top School positions should be consolidated and their salaries trimmed back. He stated that the County has not filled the Assistant County Administrator's position or the Human Resources Director's position because the budget is tight and the Board wants to use this opportunity to utilize consolidation if the School Board will ever work with the County in that regard. // Chairman Bradshaw called for the County Attorney's report. Interim County Attorney Burton requested that the Board authorize the County Administrator to execute the Water Agreement with Town of Smithfield. Assistant County Attorney Popovich advised that the revisions contained in the Agreement are not substantive in nature and are those that have been requested or recommended by legal counsel for the Western Tidewater Water Authority or involve arbitration provisions that had been originally incorporated in the Sewer Agreement. He advised that the Town of Smithfield had met last evening and requested that the arbitration provisions be incorporated into the Water Agreement to prevent the two (2) governing bodies from going to court. Supervisor Wright recommended that a date be included in the Water Agreement when water from Isle of Wight is expected to be received. Assistant County Attorney Popovich advised that a firm date has not been relayed because the Town of Smithfield is awaiting permitting for its 6 RO plant. He advised that at this time, there is no way of anyone knowing when that will occur. Supervisor Casteen recommended that the Board proceed with approving the Water Agreement in its current form. Chairman Bradshaw recalled that the issue of the transfer of water had been discussed from the very beginning and that it had been one (1) of the major points of consideration on the County's part. Assistant County Attorney Popovich advised that he was not in a position today to provide the Board with when a reasonable date for the transfer of water might be as there is still engineering to be accomplished with respect to determining how the water will flow or if there is any other work that needs to be accomplished in order for the water to be transferred. Chairman Bradshaw recommended that the Board approve the Agreement and direct the Smithfield Intergovernmental Relations Committee to meet with the Town of Smithfield with respect to establishing a date for the transfer of water. Supervisor Clark moved that the County Administrator be authorized to execute the Water Agreement between the Town of Smithfield and the County to include additional language of setting a date certain when the Town of Smithfield would begin using County water and that the Smithfield Intergovernmental Relations Committee meet with the Town of Smithfield's Intergovernmental Committee to determine that date for the replacement of the Gaffing Pointe water. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton requested that the Board authorize the County Administrator to execute the Sanitary Sewer Public Utility Agreement with the Town of Smithfield. Supervisor Clark moved that the Board authorize the County Administrator to execute the Sanitary Sewer Public Utility Agreement with the Town of Smithfield on behalf of the Board. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton presented a Resolution to Appropriate Funds from the Unappropriated Fund Balance for Water Payment to the Town of Smithfield for payment of back water charges by the Town of Smithfield in the amount of $66,816. 7 Supervisor Casteen moved that the Board adopt the following Resolution to Appropriate Funds from the Unappropriated Fund Balance for Water Payment to the Town of Smithfield: RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE FOR WATER PAYMENT TO THE TOWN OF SMITHFIELD WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia (the "Board ") and the Town of Smithfield (the "Town ") entered into a Water Agreement on March 24, 2010 which set forth certain terms and conditions for the supply of water between each municipality for the benefit of a designated group of Isle of Wight County citizens; and, WHEREAS, the Water Agreement stipulated that the Board would provide an initial payment in the amount of Sixty-Six Thousand Eight Hundred Sixteen Dollars and Sixty Cents ($66,816.60) as payment for one -half of amounts in arrears and owed to the Town; and WHEREAS, funds in the amount of Sixty-Six Thousand Eight Hundred Sixteen Dollars and Sixty Cents ($66,816.60) need to be appropriated from the Unappropriated Fund Balance of the General Fund to the FY 2009 -10 General Operating Budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that Sixty-Six Thousand Eight Hundred Sixteen Dollars and Sixty Cents ($66,816.60) from the Unappropriated Fund Balance of the General Fund be appropriated to the FY 2009 -10 General Operating Budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustment in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton presented a Resolution to Appropriate Funds from the Unappropriated Fund Balance for Professional Services for professional services in the amount of $38,000. Supervisor Clark moved that the Board adopt the following Resolution to Appropriate Funds from the Unappropriated Fund Balance for Professional Services: RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE FOR PROFESSIONAL SERVICES 8 WHEREAS, Isle of Wight County has experienced an increased need in obtaining professional services; and, WHEREAS, that increased need has resulted in unanticipated expenses; and WHEREAS, funds in the amount of Thirty -Eight Thousand Dollars ($38,000.00) need to be appropriated from the Unappropriated Fund Balance of the General Fund to the FY 2009 -10 General Operating Budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that Thirty -Eight Thousand Dollars ($38,000.00) from the Unappropriated Fund Balance of the General Fund be appropriated to the FY 2009 -10 General Operating Budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustment in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton presented a Resolution to Appropriate Funds from the PACE Reserve Fund for legal services rendered to the PACE Committee. Supervisor Wright moved that the following Resolution to Appropriate Funds from the PACE Reserve Fund be adopted: RESOLUTION TO APPROPRIATE FUNDS FROM THE PACE RESERVE FUND WHEREAS, Hunton & Williams has been providing legal advice to Isle of Wight County on the PACE Program since 2007; and, WHEREAS, the County has recently closed on several properties to be included in the PACE Program; and WHEREAS, funds in the amount of Forty Thousand Dollars ($40,000.00) need to be appropriated from the PACE Reserve Fund to the PACE Budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that Forty Thousand Dollars 9 ($40,000.00) from the PACE Reserve Fund be appropriated to the PACE budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustment in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton requested that the Board authorize his office to set public hearings for the FY2010 -2011 Operating and Capital Budget. He noted that under the County Administrator's report are two (2) revisions to a proposed budget calendar for FY2010 -11 for the Board's consideration. County Administrator Caskey requested the Board's consideration of two (2) revised budget calendars for FY2010 -11. He advised that revision one (1) sets April 26, 2010 as a singular public hearing date for all budgets (School and County) and revision two (2) sets April 26, 2010 as a public hearing for the School budget only with a public hearing on May 6, 2010 for the County's Operating and Capital Budget. He reminded the Board that it is required by the Code of Virginia to adopt the School Budget on May 1, 2010 or as soon thereafter as possible. Supervisor Casteen moved that the Board adopt the following Revision (2) of the Isle of Wight County Proposed Budget Calendar for FY2010 -11, as amended, that the April 26, 2010 meeting and public hearing on the School Board budget will begin at 6:00 p.m.: ISLE OF WIGHT COUNTY PROPOSED BUDGET CALENDAR FY2010 -11 (REVISION 2) March 15- April I, 2010 County Administrator reviews proposed budget March 24, 2010 Public Hearing on Capital Improvement Plan March 29, 2010 School Board Public Hearing on Budget April 1, 2010 School Board presents its budget to Board of Supervisors (Required by March 31, 2010) 10 April 1, 2010 County Administrator's Budget Distributed to Departments April 9, 2010 Send Advertisements to Newspapers before 12:00 Noon April 14, 2010 Advertise School Board's Budget for April 26, 2010. April 15, 2010 County Administrator's Recommended Budget Distributed to Board of Supervisors (Required by March 31, 2010) TBD Board of Supervisor's Work Session- General Operating & Capital Budget April 23, 2010 Send Advertisement to Newspapers before 12:00 Noon April 26, 2010 Public Hearing on School's Budget at 6:00 p.m. April 28, 2010 Advertise Public Hearing of County Operating & Capital Budgets on May 6, 2010 (Required 7 days before Public Hearing) May 6, 2010 Board of Supervisors Adopts School's Budget. (Required to be adopted by 5/1/10) May 6, 2010 Public Hearing on County Operating & Capital Budgets (Public Hearing 7 days before adoption) May 27, 2010 Adopt County General Operating and Capital Budgets by Board of Supervisors May 28, 2010 Send Advertisement to Newspapers before 12:00 Noon June 2 -9, 2010 - Advertise Appropriation 11 Ordinance for 6/17/10 - Advertise Tax Rate Ordinance for 6/17/10 - Advertise Personal Property Tax Relief Ordinance for 6/17/10 (Required once a week for two successive weeks before adoption) June 17, 2010 - Adoption of Appropriation Ordinance - Adoption of Tax Rate Ordinance - Adoption of Personal Property Tax Relief Ordinance The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Bradshaw moved that the County Attorney's office be authorized to advertise the FY- 2010 -11 public hearings as listed on the above ISLE OF WIGHT COUNTY PROPOSED BUDGET CALENDAR FY2010- 11 (REVISION 2). The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney requested that the Board authorize a tax refund to Cypress Creek Golfers Club in the amount of $7,042.80. Supervisor Clark moved that the Board authorize a tax refund to Cypress Creek Golfers Club in the amount of $7,042.80. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton advised that he had five (5) matters to discuss with the Board later during the closed meeting. Chairman Bradshaw declared a recess. // Chairman Bradshaw moved that the agenda be amended in order to conduct the public hearings. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. 12 it Chairman Bradshaw called for a public hearing on the following: 2011 -2015 Capital Improvements Plan for Isle of Wight County (Resolution to Approve the 2011 -2015 Capital Improvements Plan). Ron D. Reck, Director of Budget and Finance, advised the Board that the $4 million dollar Intermodal Park line item has been removed, as suggested by the Planning Commission from the 2011 -2015 Capital Improvements Plan (CIP), which, as presented, proposes $35.8 million dollars in projects, down from the $73.5 million dollar CU' submitted to the Board for its consideration last fiscal year. He advised that of the $35.8 million dollars, 72% represents public utilities projects; 4% represents parks and recreation projects; 8% represents the Schools portion; 5% represents fire and rescue services; and, 2% represents general services projects. Chairman Bradshaw called for persons to speak in favor of or in opposition to the proposed Capital Improvements Plan for 2011 -2015. Jack York, Red Cross, thanked the Board for its past financial support of that organization. He advised that the Red Cross has received a grant from Walmart to provide training for approximately 100 individuals and purchase a shelter equipped with a generator, cots, bedding and blankets which will be stationed across the street from the Courthouse in the event of an emergency. Thomas Finderson, Newport District, stated that the County's indebtedness, as compared to other jurisdictions, is not outrageously high. He stated that he supports all economic activity which brings construction and, therefore, jobs into the County. He stated that local governments have the responsibility to keep economic activity alive. Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Wright moved that the following Resolution to Approve the 2011 -2015 Capital Improvements Plan be adopted: RESOLUTION TO APPROVE THE 2011— 2015 CAPITAL IMPROVEMENT PLAN WHEREAS, The 2011 -2015 Capital improvement Plan has been reviewed by the CIP Subcommittee and formally approved by the Isle of Wight County Planning Commission and; WHEREAS, the plan has been properly advertised in Local media in accordance with the Code of Virginia and a public hearing conducted by the Board of Supervisors; 13 NOW BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the projects listed in the most recent draft of the 2011 — 2015 Capital Improvement Plan be approved for further consideration by the Board as it develops its FY 2010 -2011 General Operating and Capital Budget. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Bradshaw called for a public hearing on the following: An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 2. Administration. By Adding Article VII. Auxiliary Deputy Sheriff Force. Chairman Bradshaw called for persons to speak in favor of or in opposition to the proposed ordinance amendment. Assistant County Attorney Popovich advised that the ordinance amendment had been brought to his attention by the Sheriff's Office based on certain revisions which had occurred over the years to the Code of Virginia and which had never been updated in the County's ordinance. Chairman Bradshaw closed the public hearing and called for comments from the Board. No one appeared and spoke. Supervisor Clark moved that the following Ordinance be adopted: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 2. ADMINISTRATION. BY ADDING ARTICLE VII. AUXILIARY DEPUTY SHERIFF FORCE. WHEREAS, on October 17, 1991 the Isle of Wight County Board of Supervisors authorized the establishment of an auxiliary police force pursuant to Section 15.1 -159.7 of the Code of Virginia (1950, as amended); and WHEREAS, on October 17, 1991 the Isle of Wight County Board of Supervisors adopted the Isle of Wight County Sheriff's Department Auxiliary Police Division By -Laws, and 14 WHEREAS, certain amendments to the Code of Virginia have been adopted by the Virginia General Assembly necessitating revisions to be made with respect to the Auxiliary Deputy Sheriff Force. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that the Isle of Wight County Sheriff's Department Auxiliary Police Division By -Laws are hereby repealed. AND, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia that Chapter 2. Administration. of the Isle of Wight County Code be amended and reenacted by adding Article VII. Auxiliary Deputy Sheriff Force. as follows: Article VII. Auxiliary Deputy Sheriff Force. Sec. 2-23. Establishment. Pursuant to the authority granted under Section 15.2 -1731 of the Code of Virginia (1950, as amended), the Isle of Wight County Sheriff is hereby authorized to establish, equip, maintain and develop operating procedures for an auxiliary deputy sheriff force. Sec. 2 -24. Enforcement Authority. The members of the auxiliary deputy sheriff force shall meet the law enforcement officer training requirements established by the Department of Criminal Justice Services, pursuant to Section 9.1 -102 of the Code of Virginia (1950, as amended), and shall have the powers and authority and all the immunities of full -time law enforcement officers. Sec. 2 -25. Appointment Authority. The Isle of Wight County Sheriff shall have the authority to appoint, as an auxiliary deputy, no more than seventeen (17) persons of good character as auxiliary deputy sheriff's and their appointment shall be revocable at any time by the Sheriff. Sec. 2 -26. Operational Authority. The Isle of Wight County Sheriff shall have the authority to make such appropriations as may be necessary to arm, equip, uniform and maintain such auxiliary deputy sheriff force and shall have the authority to prescribe the uniform, organization, and such rules as he deems necessary for the operation of the auxiliary deputy sheriff' force. Sec. 2 -27. Eligibility Requirements. 15 Members of the auxiliary deputy sheriff force must meet all requirements established by the Sheriff and the Code of Virginia. Applicants for auxiliary deputy positions must not be employed in any position that would constitute a conflict of interest, as determined by the Sheriff and the Code of Virginia. Sec. 2 -28. When Auxiliary Deputy Sheriffs May Be Called Into Service. The Isle of Wight County Sheriff shall have the authority to call into service, members of the auxiliary deputy sheriff force as may be deemed necessary (a) in times of public emergency, (b) at such times as there are insufficient numbers of regular deputy sheriffs to preserve the peace, safety and good order of the community, and (c) at any time for the purpose of training such auxiliary deputy sheriffs. Sec. 2 -29. Jurisdictional Limitations. The members of the auxiliary deputy sheriff force shall not be required to act beyond the limits of the jurisdiction of Isle of Wight County except when called upon by the Sheriff to protect any public property belonging to Isle of Wight County which may be located beyond its boundaries or as provided for in Section 15.2 -1736 of the Code of Virginia (1950, as amended). Sec. 2-30. Compensation. The members of the auxiliary deputy sheriff force shall serve without compensation but shall be eligible to tax exemptions as may set forth in the Isle of Wight County Code. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Bradshaw called for a public hearing on the following: Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 14. Sewers and Sewage Disposal. Section 14 -10. Amounts Generally. Section 14-33. Conditions to be Fulfilled. Section 14-44. Refunds. Section 14-45. Payment of Connection and Tap Charges. Section 14-47. Billing Procedure - Generally. Section 14-49. Same Bills to be Mailed to Owner's Address. And Section 14 -50. Same - Disconnection Notice and Second Billing Notice; Re- Connections. Assistant County Attorney Popovich advised that County's ordinance is being amended to include certain revisions which have occurred over the years to the Code of Virginia and which have never been updated in the County's ordinance. 16 Chairman Bradshaw called for persons to speak in favor of or in opposition to the proposed ordinance amendment. No one appeared and spoke. Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Clark moved that the following Ordinance be adopted: AN ORDNANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 14. SEWERS AND SEWAGE DISPOSAL. SECTION 14 -10. AMOUNTS GENERALLY. SECTION 14-33. CONDITIONS TO BE FULFILLED. SECTION. 14-44. REFUNDS. SECTION 14-45. PAYMENT OF CONNECTION AND TAP CHARGES. SECTION 14-47. BILLING PROCEDURE -- GENERALLY. SECTION 14 -49. SAME — BILLS TO BE MAILED TO OWNER'S ADDRESS. AND SECTION 14-50. SAME — DISCONNECTION NOTICE AND SECOND BILLING NOTICE; RE- CONN CTIONS. WHEREAS, on May 21, 2009 the Isle of Wight County Board of Supervisors adopted revisions to the Sewers and Sewage Disposal provisions of the Isle of Wight County Code in order to update the Code; and WHEREAS, after careful review of the provisions adopted by the Board of Supervisors, staff has recommended some minor modifications to the revised sewer ordinance in order to accurately reflect current costs and practices. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 14. Sewers and Sewage Disposal. Section 14 -10. Amounts Generally. is hereby amended and reenacted as follows: Sec. 14-10. Amounts generally. Sewer use or rental charge shall be billed on the following cycles: (a) Single - family residences shall be billed bi- monthly. (b) Commercial units, including but not limited to hotels, motels, restaurants, apartment buildings and shopping centers, shall be billed monthly. 17 (c) Industrial facilities shall be billed monthly. (d) Unusual Cases. For any sewer connection that is considered an unusual case by the county (i.e., not mentioned in subsections (a) -(c) of this section), the charge shall be determined by the county after considering the circumstances of said application. Any premises, building or dwelling unit connected directly to the HRSD system shall pay to the county a sewer use or rental change. Any premises, building or dwelling unit, other than those connected directly or indirectly to the HRSD system, shall pay to the County a monthly sewer treatment charge. NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 14. Sewers and Sewage Disposal. Section 14 -33. Conditions to be fulfilled. is hereby amended and reenacted as follows: Sec. 14-33. Conditions to be fulfilled. No person shall make or cause to be made a connection of any improved property with the sewer system until such person shall have fulfilled each of the following conditions: (a) Such person shall have notified the Department of Inspections of the desire and intention to connect to the sewer system, and shall have otherwise satisfied any county requirements respecting such connection; (b)Such person shall have applied for, and obtained, a permit; (c) Such person shall have given the county and the Department of Inspections of the county at least twenty -four hours' prior notice of the time when such connection will be made so that the county may supervise and inspect the work of connection and necessary testing; (d)Such person shall have furnished satisfactory evidence to the county that any connection fee, tap fee or special fee, charged and imposed by the county and others against the owner of each improved property who connects such improved property to a sewer, has been paid. (1- 16 -97.) (e)Prior to issuance of a final Certificate of Occupancy, an inspection and approval from the Department of General Services is required. (f) The person desiring sewer service shall sign a contract prepared for that purpose prior to receiving sewer service. A separate contract shall be required for each premises; 18 (g)When a sewer customer executes a contract for initial sewer service, or moves sewer service account from one location to another, a fee of thirty dollars ($30.00) shall be charged for establishing the new account and turning on the sewer at the new location, except as exempted herein; (h)All sewer service customers shall pay a deposit prior to the initiation of sewer service, except those exempted herein. The person desiring sewer service shall deposit with the County an amount equal to the average bill for that category of sewer customer for which sewer service, and any other additional fees charged on the sewer bill, is being requested for four (4) months. The amount of said deposit shall be determined administratively, and adjusted from time to time as necessary; (i) The contract and deposit may be transferred by the County from the location for which it was initially requested to any other location to which the applicant may move, if within the utility service area of the County; (j) A customer may be exempted from the payment of deposit or new account fee if: (1)The customer was on private sewer system acquired by the County, and the acquisition included a deposit previously paid by the customer, which is transferred to the County with the acquisition of the sewer system; (2)The customer was on a private sewer system acquired by the County, and the former owner of said system certifies to the satisfaction of the County as to the customer's satisfactory payment record; or (3)A customer has established a satisfactory credit rating with the County via an existing or previous sewer account. NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 14. Sewers and Sewage Disposal. Section 14 -44. Refunds. is hereby amended and reenacted as follows: Sec. 14-44. Refunds. (a) Any deposits paid by a sewer service customer and held by the county shall be returned, upon request, without interest, after said deposit has been held by the county for six (6) consecutive billing cycles or twelve (12) months, whichever is greater, provided said account has not been delinquent 19 during this period. Should the account become delinquent at any time, the deposit shall be retained by the county until six (6) consecutive billing cycles have occurred without any delinquency in payment. Upon the satisfactory completion of the six (6) consecutive billing cycles, said deposits may be credited to the next bill, provided all outstanding debts have been paid for all County services and taxes. Notwithstanding the provisions contained in this Section 14- 44(a), any deposit paid by a customer who requests termination of service, who is in good standing, shall be refunded such deposit within 30 days. (b) An undisputed bill within the meaning of subsection (a) of this section shall be any bill which the consumer, within fifteen days after mailing or delivery, shall not have protested in writing to the county. Where a bill shall have been protested, the payment of the proper amount due within ten days after notice to the consumer of the county's determination of such an amount shall be considered the payment of an undisputed bill within the meaning hereof. (1- 16 -97.) NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 14. Sewers and Sewage Disposal. Section 14-45. Payment of connection and tap charges. is hereby amended and reenacted as follows: Sec. 14-45. Payment of connection and tap charges. The connection and tap fees imposed by Article III of this chapter shall be payable upon application for permit to make a connection. Sewer rental charges applicable to the property shall begin to accrue as of the date of connection. Sewer rental charges shall be as follows: BI- MONTHLY RATES: CHARGES: Residential $34.00 Commercial: (Flat fee per schedule or per 1,000 gallons, whichever is greater) Hotels & Motels $29,00 Restaurants $60.00 Shopping Centers $60.00 Industrial Facility $60.00 Per 1,000 gallon metered usage: 6,001 - 12,000 gallons $3.00 Over 12,000 gallons $4.20 SEWER TREATMENT CHARGE /BI- MONTHLY Directly connected to HRSD ONE HALF (1/2) BI- MONTHLY 20 RATE Others than those directly or indirectly $18.00 plus connected to HRSD $3.00 per 1000 gallons of water used in excess of 6000 gallons (1- 16 -97.) NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 14. Sewers and Sewage Disposal. Section 14-47. Billing procedure -- Generally. is hereby amended and reenacted as follows: Sec. 14-47. Billing procedure-- Generally. The county shall cause the water or wastewater meter, where the sewer rent is based upon metered water or wastewater discharge, to be read on a regular basis and shall cause sewer rent bills to be mailed forthwith following each reading. In the event a meter reading cannot be obtained for a particular billing period, the sewer bill may be based upon estimated water usage or wastewater discharge, with an appropriate adjustment made upon subsequent meter readings. Sewer rent bills shall similarly be mailed on a periodic basis with respect to each property subject to the flat -rate sewer rent. The first sewer bill following connection to the sewer system may cover a period longer or shorter than the regular billing period (but not for a period longer than twelve months), and shall be prorated accordingly, if the county finds the same desirable in the administration of the billing procedure. (1- 16 -97; 7- 17-03.) In the event of any billing error discovered, corrections may be made for the previous 36 month billing period, at the discretion of the County Treasurer or Director of General Services. NOW, THEREFORE, BE IT FURTHER. ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 14. Sewers and Sewage Disposal. Section 14-49. Same — Bills to be mailed to owner's address. is hereby amended and reenacted as follows: Sec. 14-49. Same - -Bills to be mailed to owner's address. Bills for sewer rent and other services as provided herein shall be mailed to the owner's, tenant's or other responsible party's address specified in the application for permit to make the connection and are due and payable on the date set forth therein. Late fees and interest will be assessed commencing the next business day after the due date as indicated on the bill. Failure to receive a bill, as a result of incorrect address or otherwise, shall not excuse nonpayment of the bill or extend the time of payment. (1- 16 -97; 7 -17- 21 03.) NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 14. Sewers and Sewage Disposal. Section 14 -50. Same – Disconnection notice and second billing notice; re- connections. is hereby amended and reenacted as follows: Sec. 14-50. Same — Disconnection notice and second billing notice; re- connections. Disconnection notices shall be mailed the day after the due date set forth on the bill and disconnection services will be scheduled by the Department of General Services. Such disconnection of service shall occur if payment, along with any applicable late fees and interest, is not received within ten (10) days from the date of such disconnection notice. Upon payment of all utility charges, service re- connection will be made within twenty -four (24) hours of disconnection, between the hours of 8:30 a.m. and 4:00 p.m. of the next business day, except in emergency situations and/or severe weather conditions, which may delay such re- connection. (1- 16 -97; 7- 17 -03.) The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Bradshaw called for a public hearing on the following: An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 14A. Stormwater Management Program. Article II. Definitions. Section 14A -9. Definitions. Assistant County Attorney Popovich advised that the proposed revisions contain the definition of a stormwater system and what the County can and can not control, as well as makes reference to facilities that are owned or operated by the County and that the County will not be held responsible for that which is not owned and/or operated by the County. Chairman Bradshaw called for persons to speak in favor of or in opposition to the proposed ordinance amendment. No one appeared and spoke. Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Wright moved that the following Ordinance be adopted: AN ORDINANCE TO AMEND AND REENACT THE 22 ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 14A. STORMWATER MANAGEMENT PROGRAM. ARTICLE II. DEFINITIONS. SECTION 14A -9. DEFINITIONS. WHEREAS, the Isle of Wight County Board of Supervisors has established a stormwater management program for Isle of Wight County, Virginia to protect properties, safeguard the general health, safety and welfare of the public residing in or near watersheds within this jurisdiction, and to protect aquatic resources; and, WHEREAS, the Isle of Wight County Board of Supervisors seeks to clarify its enforcement obligations with respect to the stormwater management program; Now, THEREFORE, BE IT AND IT Is HEREBY ORDAINED by the Isle Of Wight County Board of Supervisors that Chapter 14A. Stormwater Management Program. Article II. Definitions. Section 14A -9. Definitions is hereby amended and reenacted as follows: Sec. 14A -9. Definitions. Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter its most reasonable application. Accelerated Erosion means erosion caused by development activities that exceeds the natural processes by which the surface of the land is worn away by the action of water, wind, or chemical action. Act means Section 10.1 -603.1 et sett,. of the Code of Virginia (1950, as amended). Adequate Channel means a channel that will convey the designated frequency storm event without overtopping the channel bank nor causing erosive damage to the channel bed or banks. Applicant means any person submitting a stormwater management plan for approval. Aquatic Bench means a 10- to 15- foot wide bench around the perimeter of a permanent pool that ranges in depth from zero to 12 inches. Vegetated with emergent plants, the bench augments pollutant removal, provides habitats, conceals trash and water level fluctuations, and enhances safety. Average Land Cover Condition means a measure of the average amount of impervious surfaces within a watershed, assumed to be 16 %, or as may be otherwise determined pursuant to 4VAC 3 -20 -101. Best Management Practice (BMP) means a structural or nonstructural practice which is designed to minimize the impacts of development on surface and groundwater systems. Bioretention Basin means a water quality BMP engineered to filter the water quality volume through an engineered planting bed, consisting of a 23 vegetated surface layer (vegetation, mulch, ground cover), planting soil, and sand bed, and into the in -situ material. Bioretention Filter means a bioretention basin with the addition of a sand filter collection pipe system beneath the planting bed. Board means the Virginia Board of Conservation and Recreation Building means any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area. Channel means a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water. Constructed Wetlands means areas intentionally designed and created to emulate the water quality improvement function of wetlands for the primary purpose of removing pollutants from stormwater. Dedication means the deliberate appropriation of property by its owner for general public use. Department means the Virginia Department of Conservation and Recreation. Detention means the temporary storage of storm runoff in a stormwater management practice with the goals of controlling peak discharge rates and providing gravity settling of pollutants. Detention Facility means a detention basin or alternative structure designed for the purpose of temporary storage of stream flow or surface runoff and gradual release of stored water at controlled rates. Developer means a person who undertakes land disturbance activities. Development means land development or land development project. Discharge means to dispose, deposit, spill, pour, inject, dump, leak or place by any means, or that which is disposed, deposited, spilled, poured, injected, dumped, leaked or placed by any means. Drainage Easement means a legal right granted by a landowner to a grantee allowing the use of private land for stormwater management purposes. Erosion and Sediment Control Plan means a plan that is designed to minimize the accelerated erosion and sediment runoff at a site during construction activities. Fee in Lieu means a payment of money in place of meeting all or part of the storm water performance standards required by this Chapter. Flooding means a volume of water that is too great to be confined within the banks or walls of the stream, water body or conveyance system and that overflows onto adjacent lands, causing or threatening damage. Grassed Swale means an earthen conveyance system which is broad and shallow with erosion resistant grasses and check dams, engineered to remove pollutants from stormwater runoff by filtration through grass and infiltration into the soil. Ground water refers to all subsurface water, including, but not limited to, that part within the zone of saturation. 24 Hotspot means an area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater. Hydrologic Soil Group (HSG) means a Natural Resource Conservation Service classification system in which soils are categorized into four runoff potential groups. The groups range from A soils, with high permeability and little runoff production, to D soils, which have low permeability rates and produce much more runoff. Illicit Discharge means any discharge to the storm sewer system that is not composed entirely of stormwater, except discharges pursuant to a VPDES permit or discharges from firefighting activities. This definition shall not include discharges listed in Section 14A -30, unless such discharges are identified by the program administrator to cause sewage, industrial wastes or other wastes to be discharged into the storm sewer system. Impervious Cover means a surface composed of any material that significantly impedes or prevents natural infiltration of water into soil. Impervious surfaces include, but are not limited to, roofs, buildings, streets, parking areas, and any concrete, asphalt, or compacted gravel surface. Industrial Stormwater Permit means a National Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on -site pollution control strategies. Industrial Wastes are any liquid or other wastes resulting from any process of industry, manufacture, trade or business, or from the development of any natural resources. Infiltration means the process of percolating stormwater into the subsoil. Infiltration Facility means any structure or device designed to infiltrate retained water to the subsurface. These facilities may be above grade or below grade. Jurisdictional Wetland means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. Land Development or Land Development Project means a manmade change to the land surface that potentially changes its runoff characteristics. Land Disturbance Activity means any activity which changes the volume or peak flow discharge rate of rainfall runoff from the land surface. This may include the grading, digging, cutting, scraping, or excavating of soil, placement of fill materials, paving, construction, substantial removal of vegetation, or any activity which bares soil or rock or involves the diversion or piping of any natural or man -made watercourse. Landowner means the legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land. Landscaping Chemicals are chemicals for maintaining lawns and 25 landscapes including fertilizers, lime and pesticides which include herbicides, insecticides and fungicides. Linear Development Project means a land development project that is linear in nature such as, but not limited to, (i) the construction of electric and telephone utility lines, and natural gas pipelines; (ii) construction of tracks, rights -of -way, bridges, communication facilities and other related structures of a railroad company; and (iii) highway construction projects. Local Stornzwater Management Program or Local Program means a statement of the various methods adopted pursuant to the Act and implemented by a locality to manage the runoff from land development projects and shall include an ordinance with provisions to require the control of after - development stormwater runoff rate of flow, water quality, the proper maintenance of stormwater management facilities, and minimum administrative procedures consistent with this Chapter. Maintenance Agreement means a legally recorded document that acts as a property deed restriction, and which provides for long -term maintenance of storm water management practices. Nonpoint Source (NPS) Pollution means pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources. Nonpoint Source Pollutant Runoff Load or Pollutant Discharge means the average amount of a particular pollutant measured in pounds per year, delivered in a diffuse manner by stormwater runoff Offset Fee means a monetary compensation paid to a local government for failure to meet pollutant load reduction targets. Off - Site Facility means a stormwater management measure located outside the subject property boundary described in the permit application for land development activity. On - Site Facility means a stormwater management measure located within the subject property boundary described in the permit application for land development activity. Other Wastes are materials that can adversely affect waters of the United States should they be discharged into same, including, but not limited to, decayed wood, sawdust, chips, shavings, bark, leaves, lawn clippings, lawn chemicals (except those applied in accordance with manufacturer's recommendations), animal or vegetable matter, pet waste, construction debris, garbage, refuse, ashes, offal, tar, paint, solvents, petroleum products, gasoline, oil waste antifreeze, or other automotive, motor or equipment fluids. Owner means the owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a property. Percent Impervious means the impervious area within the site divided by the area of the site multiplied by 100. 26 Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town or other political subdivision of the Commonwealth, any interstate body or any other legal entity. Planning Area means a designated portion of the parcel on which the land development project is located. Planning areas shall be established by delineation on a master plan. Once established, planning areas shall be applied consistently for all future projects. Post - development refers to conditions that reasonably may be expected or anticipated to exist after completion of the land development activity on a specific site or tract of land. Pre - development refers to the conditions that exist at the time that plans for the land development of a tract of land are approved by the plan approving authority. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.), the existing conditions at the time prior to the first item being approved or permitted shall establish pre- development conditions. Program Administrator refers to the County Administrator or his designee. Recharge means the replenishment of underground water reserves. Redevelopment means the process of developing land that is or has been previously developed. Regional (watershed - wide) Stormwater Management Facility or Regional Facility means a facility or series of facilities designed to control stormwater runoff from a specific watershed, although only portions of the watershed may experience development. Regional (watershed - wide) Stormwater Management Plan or Regional Plan means a document containing material describing how runoff from open space, existing development and future planned development areas within a watershed will be controlled by coordinated design and implementation of regional stormwater management facilities. Runoff or stormwater runoff means that portion of precipitation that is discharged across the land surface or through conveyances to one or more waterways. Sand Filter means a contained bed of sand which acts to filter the first flush of runoff. The runoff is then collected beneath the sand bed and conveyed to an adequate discharge point or infiltrated into the in -situ soils. Sanitary Sewer means a system of underground conduits that collect and deliver sanitary wastewater to a wastewater treatment or pumping facility. Sewage is the water - carried human wastes from residences, buildings industrial establishments or other places, together with such industrial wastes, stormwater or other wastes as may be present. Shallow Marsh means a zone within a stormwater extended detention facility that exists from the surface of the normal pool to a depth of six to 18 27 inches, and has a large surface area and, therefore requires a reliable source of baseflow, groundwater supply, or a sizeable drainage area to maintain the desired water surface elevations to support emergent vegetation Site means the parcel of land being developed, or a designated planning area in which he land development project is located State Waters means all waters on the surface and under the ground wholly or partially within or bordering the Commonwealth or within its jurisdiction. Stop Work Order means an order issued which requires that all construction activity on a site be stopped. Storm Sewer System is the system of roads, streets, catch basins, curbs, gutters, ditches, pipes, lakes, ponds, channels, infiltration facilities, storm drains, and other facilities owned and/or operated by Isle of Wight County and located within Isle of Wight County which are designed or used for collecting, storing, or conveying stormwater, or through which stormwater is collected, stored, or conveyed. Stormwater means runoff from rain, snow or other forms of precipitation, and surface runoff and drainage. Stormwater Detention Basin or Detention Basin means a stormwater management facility which temporarily impounds runoff and discharges it through a hydraulic outlet structure to a downstream conveyance system. While a certain amount of outflow may also occur via infiltration through the surrounding soil, such amounts are negligible when compared to the outlet structure discharge rates and are, therefore, not considered in the facility's design. Since a detention facility impounds runoff only temporarily, it is normally dry during nonrainfall periods. Stormwater Extended Detention Basin or Extended Detention Basin means a stormwater management facility which temporarily impounds runoff and discharges it through a hydraulic structure over a period of time to a downstream conveyance system for the purpose of water quality enhancement or stream channel erosion control. While a certain amount of outflow may also occur via infiltration through the surrounding soil, such amounts are negligible when compared to the outlet structure discharge rates and, therefore, are not considered in the facility's design. Since an extended detention basin impounds runoff only, temporarily, it is normally dry during nonrainfall periods. Stormwater Extended Detention Basin Enhanced or Extended Detention Basin Enhanced means an extended detention basin modified to increase pollutant removal by providing a shallow marsh in the lower stage of the basin. Stormwater Management Facility means a device that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to, the quantity and quality, the period of release or the velocity of flow. Stormwater Management means the use of structural or non - structural practices that are designed to reduce storm water runoff pollutant loads, discharge volumes, and/or peak flow discharge rates. 28 Stormwater Management Plan or Plan means a document containing material for describing how existing runoff characteristics will be affected by a land development project and methods for complying with the requirements of the local program or this Chapter. Stormwater Retention Basin 1 or Retention Basin I means a retention basin with the volume of the permanent pool equal to three times the water quality volume. Stormwater Retention Basin II or Retention Basin II means a retention basin with the volume of the permanent pool equal to four times the water quality volume. Stormwater Retention Basin III or Retention Basin III means a retention basin with the volume of the permanent pool equal to four times the water quality volume with the addition of an aquatic bench. Stormwater Retrofit means a stormwater management practice designed for an existing development site that previously had either no stormwater management practice in place or a practice inadequate to meet the stormwater management requirements of the site. Stormwater Runoff means flow on the surface of the ground, resulting from precipitation. Stormwater Treatment Practices (STPs) means measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies. Subdivision, unless otherwise defined in a local ordinance adopted pursuant to Section 15.2 -2240 of the Code of Virginia (1950, as amended), means the division of a parcel of land into three or more lots or parcels of less than five acres each for the purpose of transfer of ownership or building development, or, if a new street is involved in such division, any division of a parcel of land. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided. Town means an incorporated town. Vegetated Filter Strip means a densely vegetated section of land engineered to accept runoff as overland sheet flow from upstream development. It shall adopt any vegetated form, from grassy meadow to small forest. The vegetative cover facilitates pollutant removal through filtration, sediment deposition, infiltration and absorption, and is dedicated for that purpose. Water Quality Volume (WQV) means the volume equal to the first /2 inch of runoff multiplied by the impervious surface of the land development project. Watercourse means a permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water. Watershed means a defined land area drained by a river, stream, drainage ways or system of connecting rivers, streams, or drainage ways such that all surface water within the area flows through a single outlet. 29 The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, CIark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Bradshaw called for a public hearing on the following: Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 16.1 Water. Section 16.1 -1. Definitions. Section 16.1 -11. Generally. Section 16.1 -12. Service Disconnection. Section 16.1 -15. Charges Generally. And Section 16.1 -17. Conditions of Service. Assistant County Attorney Popovich advised that the proposed amendment pertains to technical revisions. Chairman Bradshaw called for persons to speak in favor of or in opposition to the proposed ordinance amendment. No one appeared and spoke. Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Hall moved that the following Ordinance be adopted: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 16.1. WATER. SECTION 16.1 -1. DEFINITIONS. SECTION 16.1 -11. GENERALLY. SECTION 16.1 -12. SERVICE DISCONNECTION. SECTION 16.1 -15. CHARGES GENERALLY. AND SECTION 16.1 -17. CONDITIONS OF SERVICE. WHEREAS, on May 21, 2009 the Isle of Wight County Board of Supervisors adopted revisions to the Water provisions of the Isle of Wight County Code in order to update the Code; and WHEREAS, after careful review of the provisions adopted by the Board of Supervisors, staff has recommended some minor modifications to the revised water ordinance in order to accurately reflect current costs and practices. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 16.1. Section 16.1 -1. Definitions. is hereby amended and reenacted as follows: Sec. 16.1 -1. Definitions. 30 Unless the context specifically indicates otherwise, the meanings of terms used in this chapter shall be as follows: Building or dwelling unit. (1) Any single - family residential structure; or (2) Any combination of structures owned by one person, or jointly by a number of persons as co- tenants, joint tenants or tenants -by- the - entities and occupied as a residence; or (3) Each separately owned, leased or occupied part of structures physically connected in a series, whether the series be vertical or horizontal, such as row houses, townhouses, duplex houses, twin houses, condominiums, row or stores or physically connected commercial or industrial structures, etc., or (4) Each apartment in, or each separately leased or occupied part of or to be separately leased or occupied part of any multiple occupancy structure; or (5) Any single and separate structure owned by one person or jointly by a number of persons as co- tenants, joint tenants or tenants -by -the entireties and used by the owner or single lessee or occupant thereat only for agricultural, commercial, governmental or industrial purposes. The county reserves the right to determine itself the classification and use of any structure. Consumer or customer./ The person legally or equitably responsible for the payment of charges for water services rendered by the county. Development./ The improvement of zoned residential, commercial, industrial or public property in accordance with county land use, comprehensive and facilities planning. Equivalent dwelling unit (EDU)./ The conversion, with respect to water consumption of multi- residential connectors into their residential equivalents on the basis of water use established for a living unit consisting of three and five - tenths persons. Improved property./ Any property within the county upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which sanitary sewage or industrial wastes shall be or may be discharged. New premises, building or dwelling unit/ Any premises, building or dwelling unit constructed on property abutting a county water main provided, 31 however, that such construction occurs after the installation of such water main. Official connection notice./ A notice in letter form sent by certified mail, return receipt requested, from the county to the owner of premises, buildings or dwelling units abutting a county water main giving notice to the owner that the water main is available for connection thereto. Owner./ Any person vested with ownership, legal or equitable, sole or partial, of any property located in the county. Plumbing CodeJ The most current edition of the International Code Council, Inc. International Plumbing Code as it constitutes a part of the Virginia Uniform Statewide Building Code. Premises/ A building under one roof owned by one or more parties and occupied as one residence or business, or a combination of buildings owned by one or more parties in one common enclosure and occupied by one family or business, or each division of a double or tenant house having a vertical partition or wall, or a building of more than one apartment and having one or more entrances, or a building having a number of apartments or offices or both and having one or more entrances. (11-21-96; 1-16-03.) NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 16.1. Section 16.1 -11. Generally. is hereby amended and reenacted as follows: Sec. 16.1 -11. Generally. (a) All accounts shall be billed on a cycle of not more than sixty days. Bills for water supplied, including charges for sewage disposal service and utility taxes based thereon, if any, are due and payable upon the date set forth therein. Late fees and interest will be assessed commencing the next business day after the due date as indicated on the bill. Disconnection notices shall be mailed the day after the due date set forth on the bill and disconnection services will be scheduled by the Department of General Services. Such disconnection of service shall occur if payment, along with any applicable late fees and interest, is not received within ten (10) days from the date of such disconnection notice. Upon payment of all utility charges, service re- connection will be made within twenty-four (24) hours of disconnection, between the hours of 8 :30 a.m. and 4:00 p.m. of the next business day, except in emergency situations and/or severe weather conditions, which may delay such re- connection. If payment is not received within the ten day period, the county shall apply any deposits currently being held to the outstanding balance due and discontinue water service until payment of all outstanding balances, disconnect fee and a new deposit are paid in full. 32 (b) Payment of such bills shall be made at any office or collection agencies or agencies established by the county for that purpose on the days and during the hours thereof such office or collection agencies are open for business. Payment of such bills at collection agencies and regulations and accounting procedures pertaining thereto shall be as prescribed by the county. (11- 21 -96; 1- 16 -03.) (c) All water for which a charge is made under this section passing through a meter shall be charged for whether used consumed or wasted; provided, however, that where underground or inside leaks or both occur in water pipes, and the owner or occupant of such premises or the consumer thereof, after receiving written notice of excess consumption, shall have all necessary repairs made promptly, shall furnish the County with a plumber's letter certifying that the repairs have been made and the date completed, and shall have repairs inspected and approved by utility personnel. The County may make credit to such owner, occupant or consumer of the total charge in excess of the average bill for the premises as may be deemed reasonable. A maximum of fifty (50) percent credit on excess charges based on the previous six (6) month's average may be allowed. Only one adjustment credit may be allowed for the same cause of waste within twelve consecutive months. (d) In the event of any billing error discovered, corrections may be made for the previous 36 month billing period, at the discretion of the County Treasurer or Director of General Services. (e) Should any customer obstruct the ability of utility personnel to read meters or disconnect service said customer shall be responsible for all cost associated to perform task. NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 16.1. Section 16.1 -12. Service disconnection. is hereby amended and reenacted as follows. Sec. 16.1 -12. Service disconnection. (a) When water service to any premises has been disconnected by the county, for any reason, water service shall be reconnected only by an authorized representative of the county. If water service is disconnected for nonpayment of a county utility billing as provided in section 16.1.11, then a Seventy Dollar ($70.00) penalty shall apply for each disconnection in addition to the payment of the outstanding water bill any outstanding late charges and interest by the customer to the county, and the water service customer shall pay a deposit, as specified in section 16.1 -17. If water service to any location is reconnected without express authorization by the county, in addition to any legal remedy which the county may pursue for such illegal reconnection, then an additional Seventy Dollar ($70.00) fee for a line inspection shall apply. The payment of said line inspection fee shall be in addition to any fine or settlement secured as a result of any such legal action. 33 (b) Such fees and penalties shall not apply to any disconnections made for line maintenance or at the request of the customer. (11- 21 -96; 1 -16- 03.) NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 16.1. Section 16.1 -15. Charges generally. is hereby amended and reenacted as follows: Sec. 16.1 -15. Charges generally. (a) Prior to the connection of any premises, building or dwelling unit to a county water main, the applicant shall pay an installation/connection fee. Except as provided herein, the following connection and tap fees shall apply: CONNECTION FEES: CHARGES: Meter Size: 5 /8" $4,000 1" $6,300 1 ' /z" $9,900 2" $15,200 Master Meter: Multi - residential facilities (duplex, apartment, $4,000 etc.) Same rates as illustrated above for first unit PLUS A Fee Per Equivalent Dwelling Unit (EDU) Hotel, motel, hospital, etc. $3,200 Same rates as illustrated above for first unit PLUS Number of units divided by 5 times a fee of: Commercial, industrial and institutional served by single meter: Meter Size: 5/8" $7,850 1" $12,600 1 /2" $24,000 2" $38,000 3" $68,000 4" $114,000 When the size of the connection exceeds the sizes set forth above, the applicant shall be required to pay an installation/connection fee as determined by the county. 34 (b) For new developments in which the required water system and related appurtenances have been installed by the owner /developer and in which the ownership of the water system and related appurtenances has been conveyed to the county, up to and including two -inch, the owner /developer shall provide to the county the required number of water meters at the appropriate sizes and types specified by the county for future installation by the county. Such meters shall be delivered to a location designated by the county. For all such connections above two inches, the meter shall be installed by the developer, pursuant to county specifications. Upon completion of the installation, the developer shall notify the county for inspection and activation of the meter. (c) When application for service, including payment of connection or tap fees, for existing single - family residential services is made within ninety days after receipt of official connection notice, the connection fees due will be reduced to one -half of the amounts in subsection (a) of this section. (d) When the application for residential connection is made within ninety days of receipt of the official notice, the applicant may pay the connection and tap fees at a rate of twenty percent (minimum) down, paid at the time of making application and the remainder to be due and payable in equal bimonthly payments over a two -year period, together with interest thereon at the rate of eight percent per annum. Application for installment payments shall only apply to residential connections and must be made during the initial ninety-day period. Installment payments due shall constitute a lien against the property. Surety shall be in a form acceptable to the county attorney. A contract for payment of the connection fee on an installment basis must be signed by both the property owner and the county. Failure of the property owner to pay the installment when due shall cause the imposition of a penalty of one and one -half percent per month and the county may, at its option, upon such failure declare the entire outstanding balance to be due and payable along with any expenses incurred by the county in the collection thereof. Failure on the part of the property owner to pay the installment when due shall also prejudice the property owner's right to finance any additional connection fees on an installment basis. Upon execution of the installment contract between the county and the property owner, the county shall cause the property owner to be billed on a periodic basis and provide for the collection thereof. Payment by the property owner must be no less than the amount billed but may be for the full amount outstanding. Partial payment for the minimum amount billed will not be accepted nor will partial payment for any outstanding balance be accepted. (e) No connection or tap fee shall be required when connection is to be made to an existing service previously used by another building when no work is required by the county to ready said service for connection. (0 Projects served by master meter shall be: 35 Single family, duplexes, houses, apartments, condominiums, mobile home parks, hotel, motel, travel trailer complex, hospital, nursing homes, shopping centers, strip malls, etc. (11- 21 -96; 6- 17 -99; 4- 25 -00; 9- 20 -01; 6- 20 -02; 1- 16 -03.) NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 16.1. Section 16.1 -17. Conditions of service. is hereby amended and reenacted as follows: Sec. 16.1 -17. Conditions of service. All customers of water shall be supplied upon the terms of and shall comply with the following before water is supplied to the premises: (a) The customer desiring water service shall sign a contract prepared for that purpose prior to receiving water service. A separate contract shall be required for each premise; (b) When a customer executes a contract for initial water service, or moves water service account from one location to another, a new account fee of thirty dollars shall be charged for establishing the new account and turning on the water at the new location, except as exempted herein; (c) All customers shall pay a deposit prior to the initiation of water service, except those as exempted herein. The customer desiring water service shall deposit with the county an amount equal to the average bill for that category of water customer for which water service is being requested, including charges for sewer service and utility taxes based thereon, if any, for four months. The amount of said deposit shall be determined administratively, and adjusted from time to time, as necessary; (d) The contract and deposit may be transferred by the county from the location for which it was initially requested to any other location to which the applicant may move, if within the utility service area of the county; (e) A customer may be exempted from the payment of deposit (Sec. 16.1 -17 c) or new account fee (See 16.1 -17 b) if the customer was on a private water system acquired by the county, and the acquisition included a deposit previously paid by the customer, which is transferred to the county with the acquisition of the water system. (f) Any deposits paid by a water service customer and held by the county shall be returned, upon request, without interest, after said deposit has been held by the county for six consecutive billing cycles provided said account has not been delinquent during this period. Should the account become delinquent at any time during said six consecutive billing cycles the 36 deposit shall be retained by the county until six consecutive billing cycles have occurred without any delinquency in payment. Upon the satisfactory completion of the six consecutive billing cycles said deposits may be credited to the next bill, provided all outstanding debts have been paid for all County services and taxes. (g) In addition to fees charged for termination of service for nonpayment, the county may charge an additional administrative fee to cover cost associated with the collection of accounts. (h) On a yearly basis, the Isle of Wight County Treasurer's Office shall prepare a list of accounts deemed to be uncollectible. Said list shall be reviewed and approved by the finance department and the county administrator. Upon approval of the county administrator these uncollectible funds shall be administratively written off in accordance with acceptable accounting methods. (11- 21 -96; 7- 17 -03.) The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Bradshaw called for a public hearing on the following: Renewal of the Hunting Lease with Windsor Hunt Club. Assistant County Attorney Popovich advised that the transfer of ownership of almost all property previously purchased by the Board for the Intermodal Park to the Industrial Development Authority (IDA) has been completed; however, because the Board only retains an 84% interest in the Griffin property, the property can not officially be transferred over to the IDA and, therefore, the hunt club lease is specific only to the Griffin Farm area owned by the County. He advised that the IDA has renewed its lease with the Windsor Hunt Club for the other portions of the property that were conveyed over to the IDA. Chairman Bradshaw called for persons to speak in favor of or in opposition to the renewal of the hunting lease. No one appeared and spoke. Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Wright moved that the Chairman be authorized to execute the lease with the Windsor Hunt Club. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. 37 Chairman Bradshaw called for a public hearing on the following: Consideration of a Proposed General Obligation Guaranty by the County of Isle of Wight, Virginia, of Certain Revenue Bonds Issued by the Southeastern Public Service Authority of Virginia. Interim County Attorney Burton advised that the approval of the Guaranty Agreement will reduce the County's current $10 million dollar liability to $2 million dollars. He recommended the Board's approval of the Guaranty Agreement. Chairman Bradshaw called for persons to speak in favor of or in opposition to the proposed Plan. No one appeared and spoke. Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Casteen moved that the Chairman be authorized to sign the Guaranty Agreement. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Bradshaw called for a public hearing on the following: Consideration of the Proposed Issuance of General Obligation Bonds of the County Not to Exceed $23.5 Million Dollars (Resolution Providing for the Issuance and Sale of General Obligation Public Improvement Bonds, Series 2010, of Isle of Wight County, Virginia, in a Principal Amount Not to Exceed $23,500,000 and Providing for the Form, Details and Payment Thereof. David Rose, Davenport & Company, advised that work with the rating agencies began two (2) years ago in anticipation of certain major projects of the County that would require long -term bonding. He advised that sixteen (16) months ago, certain County officials accompanied him to New York, resulting in ratings with Moody's and Standard and Poor's being upgraded and placing the County in a favorable position to borrow money. He advised that part of the plan presented to the bond rating agencies was to return later as finishing up monies were needed. He advised that at the same time, the County finalized some of its water agreements and, as a result, staff had returned to New York. He advised that the rating agency has reiterated its strong ratings, but advised that they would be very carefully scrutinizing what the County does in its FY2012 budget. Jimmy Sanderson, Davenport & Company, advised that the public hearing tonight is for a $23.5 million dollar financing which will account for 38 any discount that there may be at the time that the bonds are issued. He advised that approximately $13.5 million will be used for general fund projects; $1 million for restructuring of the 1996 maturity; and, approximately $7.5 million will be used for utility projects. Chairman Bradshaw noted for the Board's information, the County has strict financial policies that must be adhered to. County Administrator Caskey offered to provide Supervisor Casteen with a copy of the County's financial management policies for his review. Mr. Rose advised that the rating agencies take comfort in how fast the County pays its debt down. He advised that each year the County has millions of dollars of debt which gets retired and the County's payout ratio is significantly above the standards expected by the rating agencies. Mr. Sanders advised that with respect to the bond anticipation note, the County has received a short-term rating from each of the rating agencies which reflects how comfortable they are that the County will be able to refinance in three (3) years. He advised that, assuming the Board favorably considers the two (2) resolutions tonight, he anticipates mailing a preliminary official statement March 29, 2010 with the bond sale being held on April 5, 2010 and a closing date on April 19, 2010. Supervisor Casteen noted that rates are at a historic 40 -year low and he recommended securing these rates for not only the three (3) years, but also for the other 23 years, to avoid the risk of a change in rates. Mr. Rose responded that it is very possible that interest rates could increase three (3) years from now; however, the County is borrowing money in a series of borrowings every year for the next four (4) to five (5) years. He stated that the County will have the opportunity to lock in the rates over four (4) to five (5) years, as well as have the opportunity to refinance. Interim County Attorney Burton advised that when money is borrowed, it is suppose to be spent within three (3) years of the time that the money is received and some of the water contracts have not been developed yet, which would exceed the three (3) year period. Chairman Bradshaw called for persons to speak in favor of or in opposition to the proposed Plan. No one appeared and spoke. Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Clark moved that following Resolution be adopted: 39 RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF ISLE OF WIGHT COUNTY, VIRGINIA, IN A PRINCIPAL AMOUNT NOT TO EXCEED $23,500,000 WHEREAS, pursuant to Section 10(b) of Article VII of the Constitution of Virginia and Section 15.2 -2639 (formerly Section 15.1- 227.40) of the Code of Virginia of 1950, as amended (the "Code "), Isle of Wight County, Virginia (the "County "), has elected by affirmative vote of the qualified voters of the County, to be treated as a city for the purpose of issuing its bonds; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA: 1. It is determined to be necessary and expedient for the County to finance, in part, the acquisition, construction and equipping of public safety and community development facilities, public buildings, public utility improvements and economic development land acquisitions (the "Project"), to borrow money for such purpose and to issue the County's general obligation public improvement bonds therefor. 2. Pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the Public Finance Act of 1991, there are authorized to be issued general obligation public improvements bonds of the County in a principal amount not to exceed $23,500,000 to provide funds to finance, in part, the cost of the Project. 3. The bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their dates, bear interest at such rate or rates, be in such denominations and form, be executed in such manner and be sold at such time or times and in such manner as the Board may hereafter provide by appropriate resolution or resolutions. 4. The bonds shall be general obligations of the County for the payment of principal of and premium, if any, and interest on which its full faith and credit shall be irrevocably pledged. 5. The County intends that the adoption of this resolution be considered as "official intent" within the meaning of Treasury Regulations, Section 1.150 -2, promulgated under the Internal Revenue Code of 1986, as amended. 6. The Clerk of the Board, in collaboration with the County Attorney, is authorized and directed to see to the immediate filing of a certified copy of this resolution in the Circuit Court of Isle of Wight County, Virginia. 40 7. This resolution shall take effect immediately. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Bradshaw moved that the Board revert back to the regular order of the agenda. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Bradshaw called for the General Services report. Mr. Wrightson reminded the Board that the County is among fourteen (14) signatures to a Special Order by Consent to develop a program to address unpermitted discharges of sewer. He advised that Timmons Groups has conducted all previous engineering work related to the Special Order by Consent and included in the Board's agenda is a Scope of Services and accompanying Fee Schedule to continue with the work associated with the Special Order by Consent. He recommended that the Board adopt a Resolution to Appropriate Funds for Professional Engineering Services and "Find and Fix" Projects Required by the Special Order by Consent. Supervisor Clark moved that the Board adopt the following Resolution to Appropriate Funds for Professional Engineering Services and "Find and Fix" Projects Required by the Special Order by Consent and authorize the County Administrator to execute the Scope of Services and Fee Schedule: RESOLUTION TO APPROPRIATE FUNDS FOR PROFESSIONAL ENGINEERING SERVICES AND "FIND AND FIX" PROJECTS REQUIRED 13Y THE SPECIAL ORDER BY CONSENT WHEREAS, the County of Isle of Wight, Virginia is a signatory to a Regional Special Order by Consent that requires the cost- effective management of peak wet weather flows and implementation of a long term capacity enhancement and sewer rehabilitation plan, and WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has entered into a contract with the Timmons Group to provide professional engineering services to meet the requirements of the Special Order by Consent, and 41 WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia wishes to have the Timmons Group perform the field reconnaissance phase of the project and acknowledges these services may result in "Find and Fix" projects requiring immediate repair by the County of Isle of Wight, Virginia. NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that One Hundred Thousand Dollars ($100,000) be appropriated from the FY 2010 Capital Budget/Public Utilities Category/Regional Consent Order project for such "Find and Fix" projects. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Bradshaw called for the County Administrator's report. County Administrator Caskey provided an update with respect to opportunities for shared services with the Schools. He advised that shared services have been discussed for over ten (10) years now and progress has been made in the past with regard to this effort. He advised that joint service agreements for use of facilities; ground maintenance and grass cutting; and, a number of technology functions through a Memorandum of Agreement have been identified and been successful with the Schools. He advised that limited areas in procurement and recycling operations also exist and continue to be built upon. He advised that over the past year, Emergency Services has come to an agreement with the Schools regarding pet sheltering, as well as a number of other functions related to emergency situations. He advised that staff has identified vehicle maintenance; access to the County's Gas Boy; and custodial services as additional things for consideration of shared services with the Schools. He advised that with respect to finance, there are clearly opportunities for enhanced sharing with regard to payables, payroll and procurement. He advised that the County has had a MOU with the Schools in the area of information technology which was last updated in 2006 and which needs to be revisited as the new IT Director has identified activities that are covered by that Agreement that the County is now doing more of itself and should get credit for. He advised that there will be shared services with the new courts building as the Schools will be abandoning their old server room and moving into a new facility that will be shared by the School's and the County. He advised that the County's Director of Human Resources' position has remained unfilled and will continue to remain vacant 42 while staff determines if there are opportunities going forward with the Schools for sharing in that area. He stated that there are opportunities in training for consolidation in those areas. He advised that legal and public information also deserve further investigation with respect to shared services. Chairman Bradshaw directed County Administrator Caskey to continue his discussions with the School Superintendent with the goal being that this Board be able to run a more efficient government through joint shared services with the schools. Mr. Reck presented a Resolution to Authorize the Submission of a Grant Application on Behalf of the Rawls Museum Arts for the Board's consideration. Supervisor Hall moved that the Rawls Museum Arts be requested to make a presentation to the Board regarding their grant application. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Mr. Reck presented a Resolution to Authorize the Submission of a Grant Application on Behalf of the Isle of Wight Arts League for the Board's consideration. Supervisor Hall moved that the Isle of Wight Arts League be requested to make a presentation to the Board regarding their grant application. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey presented a request by the Isle of Wight County School Board to consider appropriation of all remaining carryover funds from the FY2009 School Budget in the amount of $1,121,725. Chairman Bradshaw moved that Mr. Robertson be directed to draft a letter from the Chairman of the Board of Supervisors to the Chairman of the School Board acknowledging receipt of the School Board's letter and advising that with respect to the gentlemen's agreement held in the past between the two (2) bodies concerning the return of carryover monies to the School Board, that at this time, due to the financial situation of the County, that the Board will be retaining those funds in order to ensure the financial stability of the County and maintain the County's favorable bond rating received from its rating agencies and that, if the Board did want to spend any capital funds, that the Board would first consider the County's Fire and Rescue Association, which had previously agreed to delay all capital expenditures for the next five (5) years. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. 43 County Administrator Caskey requested the Board's direction with respect to the request from Franklin and Southampton County regarding the issue of future refuse disposal. Chairman Bradshaw advised that he and Vice Chairman Wright (Franklin Intergovernmental Committee) would serve as the Board's representatives in working with Franklin and Southampton County. Donald T. Robertson, Director of Information Resources and Legislative Affairs, briefed the Board regarding the adoption of the following Bills by the General Assembly: HB 1189 (Putney) /SB 232 (Watkins) modify for new state and local employees, all defined benefit retirement plans administered by the Virginia Retirement System including, among other things, the reinstatement of the 5 percent mandatory employee contribution. Further, localities and school divisions have the option of requiring their employees to pay the mandatory contribution, or any portion thereof, and may phase in all or part of the mandated employee contribution over a six -year period. HB 1220 (Hugo) /SB 395 (Wagner) delay the effective date of the proposed Virginia Stormwater Management Permit regulations until no later than Dec. 1, 2011. He advised that several bills attacking the BPOL Tax, the Machinery and Tools Tax and the Litter Tax were diverted by the General Assembly and he cautioned that piece -meal legislation may be forthcoming. Chairman Bradshaw requested the Clerk to place the Board of Equalization on the Appointments List for nomination to the Circuit Court Judge. // Chairman Bradshaw called for Appointments. Supervisor Hall moved that Michelle Jones be appointed to represent the Hardy District on the Board of Building Appeals. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Bradshaw moved that Benjamin V. Rideout be reappointed to represent the Carrsville District on the Beautification Committee. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. 44 Chairman Bradshaw moved that Patricia Sowell be reappointed to serve on the Paul D. Camp Community College Board. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Bradshaw moved that Stan D. Clark be reappointed to serve on the Executive Committee on the Hampton Roads Planning District Commission. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Bradshaw moved that Hazel Edwards be reappointed to represent the Hardy District on the Blackwater Regional Library Board. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Bradshaw moved that Hazel Edwards be reappointed to serve on the Southeastern Tidewater Opportunity Project. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen moved that Joseph R. Chase, Chief of Emergency Services, be appointed to replace Andy Aigner on the Tidewater Emergency Medical Services Council. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved that Carroll E. Keen, Jr. be reappointed to represent the Newport District on the Industrial Development Authority. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. 11 Chairman Bradshaw called for Old Business. With respect to the invoice from the Town of Smithfield regarding Pinewood Heights, Supervisor Clark moved that the following Resolution be adopted: RESOLUTION TO AUTHORIZE PAYMENT TO THE TOWN OF SMITHFIELD FOR PINEWOOD HEIGHTS COSTS 45 WHEREAS, on April 3, 2007 the County of Isle of Wight Virginia agreed to participate in the Town of Smithfield's Pinewood Heights relocation project, pledging $750,000 in cash and "in kind" support and; WHEREAS, the Town of Smithfield has presented the County with an invoice in the amount of $358,811.80 for partial completion of the project and; WHEREAS; sufficient funds are included in the County's 2009/10 Capital Budget to make the requested payment NOW BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the County Administrator is authorized to pay the Town of Smithfield's pending Pinewood Heights invoice in an amount up to $358,811.80. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen moved to re- implement the Board's past tradition of having County reports provided monthly under the Consent Agenda and include the addition of a revenue report. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Wright advised the Board that Mr. Edwards' check for the Matthews Farm Lease has not yet cleared the bank and that Mr. Edwards has not yet received the lease for the farm. Chairman Bradshaw requested Interim County Attorney Burton to speak with Supervisor Wright regarding resolve of this matter. Chairman Bradshaw called for New Business. Chairman Bradshaw notified the Board that County Administrator Caskey was in receipt of a letter dated March 22, 2010 from the Surry County Administrator requesting a meeting of the Chairmen and Vice Chairmen of Surry and Isle of Wight Counties regarding concerns that the Board may have with respect to the proposed Cypress Creek project and permits which were recently approved by the Surry County Board of Supervisors. Chairman Bradshaw, Supervisor Clark and County Administrator Caskey agreed to meet with the Surry Chairman and Vice Chairman. Chairman Bradshaw offered to provide County Administrator Caskey with available dates for that meeting. 46 // Interim County Attorney Burton requested a closed meeting pursuant to Section 2.2- 3711.A.7 of the Freedom of Information Act for consultation with legal counsel requiring the provision of legal advice pertaining to the acquisition of real property in the Smithfield District; pursuant to Section 2.2- 3711.A.7 consultation with legal counsel requiring the provision of legal advice pertaining to probable litigation; pursuant to Section 2.2- 3711.A.7 concerning consultation with legal counsel requiring the provision of legal advice pertaining to probable litigation; pursuant to Section 2.2- 3711.A.3 concerning consultation with legal counsel requiring the provision of legal advice pertaining to acquisition of real property in the Carrsville District; and, pursuant to Section 2.2- 3711.A3 concerning consultation with legal counsel requiring the provision of legal advice pertaining to the acquisition of real property in the Smithfield District. Supervisor Casteen moved that the Board enter the closed meeting for the reasons stated by Interim County Attorney Burton. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Wright moved that the Board return to open meeting. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Wright moved that the Board adopt the following Resolution: 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. 47 VOTE AYES: Bradshaw, Casteen, Clark, Hall and Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 There was no action taken following the closed meeting. // County Administrator Caskey advised that on March 15, 2010, approximately 32 Chinese individuals and their translator visited the County complex. He advised that he and Mr. Robertson had provided a short briefing to them regarding the structure of the County's government, which was followed by a period of questions about the economy, public safety, day- to-day operations of County government and agriculture, which included inquires about whether or not the government tells farmers what they can and can not grow; tells them when they can grow it and if the government takes the farmer's crops after they are grown. I/ The Board requested that an appropriate resolution be prepared by staff recognizing MacFarland Neblett's upon his retirement for his efforts on behalf of the County. A social at 5:00 p.m. at Boykin's Tavern prior to the Board's meeting in May or June 2010 (after the adoption of the County's budget) was suggested. At 9:30 p.m., Supervisor Hall moved that the Board adjourn its meeting. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Clark, Casteen, Hall and Wright voting in favor of the motion, and no Supervisors voting against the motion. .w� P ' ip A. Bradshaw, Chairman t• 11 '_ 2,01 Carey , ills orm, Clerk 48