Loading...
06-28-2012 Regular MeetingBook 29, Page 290 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTY- EIGHTH DAY OF JUNE IN THE YEAR TWO THOUSAND AND TWELVE PRESENT: Alan E. Casteen, Chairman JoAnn W. Hall, Vice - Chairman Rex W. Alphin Byron B. Bailey Delores M. Darden Also Attending: Mark C. Popovich, County Attorney W. Douglas Caskey, County Administrator Carey Mills Storm, Clerk // Chairman Casteen called the meeting to order at 5:00 p.m. Supervisor Hall delivered the invocation. The Pledge of Allegiance was conducted. Chairman Casteen called for Approval of the Agenda. County Attorney Popovich requested the following revisions to the agenda: Under New Business, add an item pertaining to a sewer hookup; under New Business, add an item pertaining to a Paramedic position; under New Business, add an item pertaining to the Board Room; under New Business, add discussion concerning the relationship between the Board of Supervisors and the School Board; under New Business, add an item pertaining to the creation of an advisory committee; under New Business, add an item pertaining to the entrance to the County; under the County Attorney's report, add one (1) closed meeting item; and, under the County Attorney's report, add a Fiscal Year 2012 -13 Appropriation Resolution. Supervisor Hall moved that the Agenda be approved, as amended. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen called for Special Presentations /Appearances Book 29, Page 291 A dog currently available for adoption at the County's animal shelter was displayed. Sheriff Marshall notified the Board that the County has been awarded a grant from PETCO in the amount of $35,000 for a climate- controlled trailer that will display animals for adoption. He advised that the grant requires no cash match on the part of the County. Special commendations were presented to Deputies Edwards and Gradine by Sheriff Marshall. Sheriff Marshall was commended by Supervisor Alphin on the way in which the Sheriff's Office works in conjunction with the County's volunteer fire and rescue organizations. Supervisor Darden presented Mrs. Virginia Norfleet with a resolution recognizing her many contributions and moved that the following Resolution be adopted: RESOLUTION TO RECOGNIZE VIRGINIA NORFLEET WHEREAS, Mrs. Virginia Norfleet is a resident of Isle of Wight County and, for years, has demonstrated her concern for the elderly and needy citizens of the County; and, WHEREAS, Mrs. Norfleet, a nurse by profession, has spent unlimited hours of volunteer time improving the quality of life and well being for citizens of Isle of Wight; and, WHEREAS, Mrs. Norfleet has responded to the needs of others through her involvement with her church, Meals on Wheels, Windsor Woman's Club, and the Western Tidewater Free Clinic; and, WHEREAS, the Isle of Wight County Board of Supervisors desires to recognize senior citizens like Mrs. Virginia Norfleet who serve as an inspiration to others and are deserving of recognition. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia hereby recognizes the benevolent spirit and accomplishments of Mrs. Virginia Norfleet. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Larry Land, Director of Policy Development for the Virginia Association of Counties (VACo), provided an overview of current VACo activities. 1) Book 29, Page 292 Tidewater Physical Therapy of Windsor was the featured business under the Small Business Close Up segment of the agenda. Margaret Fultz, Director of Community Relations, United Way of South Hampton Roads, reported on the County's 2011 -12 Employee Contribution Campaign. Bill Hardin, Construction Manager, Isle of Wight County Schools, briefed the Board regarding recent bids received on the proposed Georgia D. Tyler Middle School. // Chairman Casteen called for consideration of the Consent Agenda. A. 2012 Legislative Update B. Great American Cleanup National Action Days C. Grant Funds /Keep Virginia Beautiful for Cigarette Litter Prevention Project Resolution to Accept and Appropriate Grant Funds from Keep Virginia Beautiful for the Implementation of a Cigarette Litter Prevention Program through Isle be Green D. National Fish and Wildlife Federation Chesapeake Bay Stewardship Fund E. Community Services Performance Contract F. Grant Application — Obici Healthcare Foundation "Share the Road" Signs Resolution to Authorize Submission of a Grant Application and to Accept and Appropriate Funds from the Obici Healthcare Foundation G. Accept and Appropriate Grant Funds — Office of Justice Programs Bulletproof Vest Partnership Funding Resolution to Accept and Appropriate Grant Funds from the Department of Justice for the Bulletproof Vest Partnership Program H. Monthly Update — 2012 Strategic Plan Initiative for Economic Development 1 Book 29, Page 293 I. Fiscal Year 2011 -12 Monthly Financial Reports for County and Schools. J. March 29, 2012 Budget Work Session Minutes K. April 5, 2012 Budget Work Session Minutes L. April 19, 2012 Regular Meeting Minutes M. April 25, 2012 Budget Work Session Minutes Supervisor Darden moved that the Consent Agenda motion was adopted by a vote of (5 -0) with Supervisors Bailey, Hall and Alphin voting in favor of the motion at voting against the motion. H Chairman Casteen called for Regional Reports be adopted. The Casteen, Darden, d no Supervisors Supervisor Hall reported that she had attended the Hampton Roads Economic Development Alliance meeting on behalf of the Chairman and found it to be very interesting. County Administrator Caskey, reporting on the Transportation Planning Organization meeting, advised that $80 million has recently been allocated as a line of credit for jump starting the Route 460 project. He further reported that a 2012 certification by the Federal Highway Administration has been granted and that the importance of Virginia's Gold Crescent effort had also been discussed. Supervisor Darden advised that the Roosevelt Group had been selected as the Military Federal Facilities Alliance's lobbying group and sequestration had been a topic of focus. Chairman Casteen notified the Board that Dana Dickens will be retiring from the Hampton Roads Partnership at the end of the year. County Administrator Caskey reported that the Hampton Roads Planning District Commission has published its annual Hampton Roads data books electronically and the regional Sea Level Rise Study, Phase 3, Final Report, is of great importance to this region. He advised that there will be a conference in the fall in Virginia Beach entitled "The Ocean's 2012 Conference" to discuss the importance of the oceans and all related matters. Chairman Casteen notified the Board that he intends to sign the Golden Crescent Letter in his capacity as Chairman of the Mayors and Chairs. 4 Book 29, Page 294 Chairman Casteen reported that he had attended a foster parent appreciation celebration on behalf of the Social Services Board and that three (3) students had graduated this year who were participants in the County's program. County Administrator Caskey advised that the Southeastern Public Service Authority (SPSA) had received a routine monthly report from Wheelabrator and the SPSA Board had approved monthly private hauler contracts. He further advised that a Nominating Committee had been appointed for the Chairmanship and Vice- Chairmanship, which will come up in July 2912. Supervisor Bailey reported that the air conditioning contract for the Western Tidewater Regional Jail had been discussed by the Authority. Chairman Casteen reported that the Western Tidewater Water Authority members had discussed routine matters at its most recent meeting. // Chairman Casteen called for Transportation Matters. Eddie P. Wrightson, Director of General Services, advised that VDOT is running behind on grass cutting efforts and he requested persons with road or maintenance concerns to call 1 -800 -for -road. Supervisor Darden requested staff to contact the appropriate VDOT official and request that the Dominion power line be removed that is hanging over the roadway in Orbit. Responsive to an inquiry from Supervisor Darden regarding why just a portion of Poor House Road has recently been paved, Mr. Wrightson advised that the paving project will be completed by VDOT at some point this summer. Chairman Casteen called for Citizens Comments. Ed Easter of 12224 Hideaway Lane thanked the Board for action taken regarding the VDOT Six -Year Secondary Improvement Plan. He advised that the Carrollton Civic League recently received a presentation from a Chesapeake Bay Foundation scientist regarding the Chesapeake Bay who had complimented the County's General Services and Engineering Departments' staff's abilities to meet the requirements of the TMDL. 5 Book 29, Page 295 Pete Green notified the Board that effluent is being pumped into Antioch Creek and swamp from a residence at 8050 Mill Creek Drive. He suggested that Supervisor Alphin speak with State Water Control Board staff and that a mitigation plan be developed between the County and International Paper as it begins to draw water from its wells. Albert Burckhardt reported that there is free organic mulch available for pickup at the Joel C. Bradshaw Fairgrounds. Chairman Casteen called for comments from the Board. Supervisor Alphin offered to follow up on Mr. Green's effluent concerns. Chairman Casteen called for the County Attorney's report. County Attorney Popovich requested authorization to advertise for public hearing a proposed Ordinance to Amend and Reenact the Isle of Wight County Code by Enacting Chapter 3. Animals and Fowl. Article F. Cruelty to Animals; Penalty. Supervisor Bailey moved that the County Attorney's office be authorized to advertise this matter for public hearing at the Board's July 19, 2012 meeting. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. County Attorney Popovich presented a Performance Agreement between the County and International Paper Company and the Industrial Development Authority of the County to allow for the disbursement of $350,000 from the Governor's Development Opportunity Fund to International Paper should specified targets be achieved in a timely manner. Supervisor Alphin moved that the Chairman be authorized to execute the Performance Agreement on behalf of the Board. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. County Attorney Popovich presented a Cooperative Agreement between the County and the Department of Social Services Board pertaining to legal services to be provided to the Social Services Board by the County Attorney's office in Fiscal Year 2012. He advised that the School Board has chosen not to renew its participation in the Agreement and have been removed from the Agreement. 6 Book 29, Page 296 Supervisor Bailey moved that the Chairman be authorized to execute the Agreement on behalf of the Board. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. County Attorney Popovich presented a Franchise Extension Agreement between the County and BFI Waste Services, LLC. He advised that the current agreement is set to expire on July 31, 2012 and an extension is necessary to continue the County's procurement process. Supervisor Darden moved that the Chairman be authorized to execute the Agreement on behalf of the Board. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. County Attorney Popovich presented a Statement of Agreement between the County and the Virginia Department of Health to provide for the payment of fiends by the Commonwealth for operational purposes. Supervisor Alphin moved that the Chairman be authorized to execute the Agreement on behalf of the Board. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. County Attorney Popovich presented a proposed amendment to the current recycling contract with AVES to allow a 5% increase in per -pull charges as well as a fuel surcharge. Supervisor Alphin moved that the Chairman be authorized to execute the amendment on behalf of the Board. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. County Attorney Popovich presented the latest draft of the proposed conservation easement for the Blackwater property and a purchase contract to allow for the recovery of $947,000 from the original $3 million purchase price. Supervisor Darden moved that the Chairman be authorized to sign the Purchase Contract and all other documents necessary to effectuate the placement of a conservation easement on the Blackwater property. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. 7 Book 29, Page 297 County Attorney Popovich advised that the case of Hill v. Fairfax County School Board has been decided in the School Board's favor and in favor of localities. County Attorney Popovich advised that the case of Livingston v. Virginia Department of Transportation relative to who is responsible for the maintenance of drainage easements, the Virginia Supreme Court has held that such an event can support an inverse condemnation claim and that the plaintiffs' allegations that their homes and various items of personal property were damaged for a public use and are sufficient to require the payment of just compensation. He advised that it will continue to be his legal advice that the County never agree to any responsibility for drainage easements in order to prevent the County from incurring such a liability. County Attorney Popovich presented a Fiscal Year 2012 -13 Appropriation Resolution to effectuate the County's Operating Budget and School Budget. Supervisor Alphin moved that the following Resolution be adopted: FISCAL YEAR 2012 -13 APPROPRIATION RESOLUTION WHEREAS, on May 17, 2012, the Isle of Wight County Board of Supervisors formally adopted the Isle of Wight School Division budget, in the sum of $59,012,339, and by motion appropriated said funds to the Isle of Wight County School Division; and WHEREAS, on May 17, 2012, the Isle of Wight County Board of Supervisors adopted the Isle of Wight County Operating Budget in the sum of $94,460,625; and WHEREAS, the Article VII, Section 7 of the Constitution of Virginia requires that a formal appropriation of funds be made by the governing body in order to effectuate the adopted budgets. NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors, in accordance with Article VII, Section 7 of the Constitution of Virginia that lump sum appropriations are hereby made on an annual basis for fiscal year beginning July 1, 2012, through June 30, 2013, for separate items, categories, functions and purposes in the budgets adopted by the Board of Supervisors on May 17, 2012 in the sum of $94,460,625 for County operating expenses, of which $59,012,339 is to be appropriated to the School Board; and BE IT FURTHER RESOLVED, that all proceeds received for the fiscal year beginning July 1, 2012 from the County general tax rate levies, from other local revenue, from Federal and State funds and supplements and from all other fiends and sources for general County functions and purposes, Book 29, Page 298 including public schools and public welfare, be credited to the General Revenue Fund of this County, and, when and if appropriated by the Board of Supervisors of this County, shall be used for such functions and purposes and to defray the charges and expenses of said County and all necessary charges incident to or arising from the execution of the lawful authorization of the Board of Supervisors of this County; and BE IT FURTHER RESOLVED, that the County Administrator is hereby authorized to make all expenditures in payment of all line items in the budget at any time during the fiscal year in any amounts so long as those amounts are not greater than the amounts available in the fiend for such item or category and the County Administrator is hereby authorized to make line item transfers within categories and from category to category so long as the transfers of line items are within the budget and do not exceed the fields available for such purpose; and BE IT FURTHER RESOLVED, that all encumbered fiends which are earmarked, which are not expended during the current fiscal year, will be carried over as encumbered fiends for the ensuing years unless the encumbrances are removed by action of the Board of Supervisors; and BE IT FURTHER RESOLVED, that the Treasurer of Isle of Wight County is hereby authorized and directed to transfer to the indicated appropriate "funds" in the aforesaid budget estimates from the General Revenue Fund, from time to time, as monies become available, sums equal to but not in excess of the appropriation herein made to such "funds ", for the functions and purposes therein indicated from the General Revenue Fund for the period covered by this appropriation ordinance; and BE IT FURTHER RESOLVED, that the Treasurer of Isle of Wight County is hereby authorized to honor and pay all warrants and to pay out funds from the various "funds" indicated in said budget estimates for any contemplated expenditure for which fiends have been made available and appropriated for such contemplated expenditures; and BE IT FURTHER RESOLVED, that this Resolution be entered in the Minutes of this Board of Supervisors and that a copy thereof by the Cleric of this Board, be furnished to the Treasurer of this County. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. County Attorney Popovich advised that he had four (4) matters to discuss with the Board members later during closed meeting. 9 Book 29, Page 299 Chairman Casteen called for the Parks and Recreation report. Marls W. Furlo, Director of Parks and Recreation, presented a request by the Smithfield Ruritan Club for the Board's consideration. Chairman Casteen moved that Parks and Recreation staff be authorized to install a bench at the entrance to Paul D. Camp's Smithfield Center in memory of Mr. William C. Johnston. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Mr. Furlo presented a request to reclassify a Parks and Grounds Attendant for the Board's consideration. Supervisor Darden moved that staff be authorized to reclassify the part - time Parks and Grounds Attendant to full time. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Mr. Furlo presented a request to hire two (2) Site Supervisors for the Board's consideration. Supervisor Hall moved that staff be authorized to advertise and hire two (2) part -time Site Supervisors. The motion was adopted by a vote of (5- 0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. H Chairman Casteen called for the General Services report. Eddie P. Wrightson, Director of General Services advised the Board that Marvin Pulley, Jr. has announced his retirement as a Lead Maintenance Worker in the Building Maintenance Division of General Services effective June 30, 2012. Mr. Wrightson advised the Board that Troy L. Robinson has announced his retirement from a Maintenance Worker II in the Building Maintenance Division of General Services effective August 31, 2012. Mr. Wrightson advised the Board that Chuck Scott, Carrollton Convenience Center Attendant, has been acknowledged by Fred Glanville for his exceptional work performance. Mr. Wrightson briefed the Board on potable water and sewer service for the proposed Isle of Wight rescue facility on Great Spring Road. He advised that the Building, Grounds and Transportation Committee and the Chief for the Rescue Squad have agreed on $500,000+ in building cost Z Book 29, Page 300 reduction items and the current schedule is advertised for receipt of bids in the fall of 2012. He further advised that a potential budget increase has been discovered on the civil engineering /site work portion of the project with respect to the original plan to serve the facility with an on -site water well and septic system. He advised that staff has contacted the Town of Smithfield with respect to the possibility of connecting to the Town's water and sewer system infrastructure located in Cypress Creek. He advised that an initial exploratory discussion for obtaining an easement from the Cypress Creek Golf Club has also occurred. Chairman Casteen moved that the connection to the Town of Smithfield's water and sewer system be referred to the Smithfield Intergovernmental Relations Committee. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Mr. Wrightson addressed the Board regarding a Deed and Agreement dated September, 1984 between the Town of Smithfield and the County containing certain stipulations for ingress and egress from the Isle of Wight Rescue facility. He advised that the document also describes a process by which the facility would revert to the Town at such time as the facility ceases to be used and occupied by the Isle of Wight Rescue Squad. He advised that the Public Utility Division of General Services has a need for interior storage space of equipment and material which could be met in the existing Rescue Squad building. Supervisor Bailey moved that the discussion of continued County use of the Isle of Wight Rescue facility be referred to the Smithfield Intergovernmental Relations Committee. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Mr. Wrightson reported on the most recent meeting of the Building, Grounds and Transportation Committee meeting held on June 21, 2012 in which the proposed Georgie D. Tyler Middle School was discussed with respect to its sanitary sewer pump station and the repurposing of the existing school's gym. He advised that contained in the agenda are recommendations of the Building, Grounds and Transportation Committee for the Board's consideration. Supervisor Darden moved that staff be directed to pursue the following recommendations of the Building, Grounds and Transportation Committee: Pump station should be included in the cost of the school's base bid School's bid should incorporate an add /deduct alternate to demolish the old school gyro Book 29, Page 301 Clarify with the Schools that the County will participate only up to one -half of the pump station cost, which was originally estimated not to exceed $500,000 Hold discussions with the Town of Windsor concerning ownership, operation and maintenance of the old gym by the Town Incorporate adding air conditioning to the old gym as part of the exterior renovations alternate The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. // Chairman Casteen called for the Tourism report. Judy H. Winslow, Director of Tourism, requested authorization to hire a part -time replacement employee for the Historic Resources Division. Chairman Casteen moved that Human Resources' staff be authorized to fill the requested position immediately. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Darden acknowledged Tourism Department staff for job well done on behalf of the County. Chairman Casteen called for the County Administrator's report. David Rose, Davenport & Company, briefed the Board on bond refinancing opportunities for the County. He advised that the Board was provided a financial review in February 2012 and had discussed the need to permanently refinance several outstanding notes in the amount of $14.1 million which are primarily utility- related. He stated due to low interest rates, he is recommending combining these outstanding notes into one (1) issuance at a twenty (20) to twenty -five (25) year fixed -rate permanent - financing. He stated the County's Capital Improvements Plan reflects approximately $15.4 million to be borrowed in FY2013/14 and $8.7 million in FY 2015/16. He advised that approximately $20 million in outstanding debt has been identified for refinancing at a lower interest rate which can result in an overall savings of $2.5 million and $175,000 of reduced payments in FY2013. He requested the Board's feedback regarding a public 12 Book 29, Page 302 hearing at the Board's August 16, 2012 for new money needs. He advised that following such public hearing, Davenport & Company could go to the market during the latter part of August and lock in the interest rates with a closing in September 2012. Supervisor Bailey moved that the County move forward with the permanent financing of the Bond Anticipation Notes, which are sensitive to interest rate movements, as well as the refinancing for savings as identified. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen declared a break and at 7:00 p.m., Chairman Casteen called for a public hearing on the following: A. The application of Smithfield Elks Lodge No. 65, owner /applicant, to renew CUP -02 -04 to allow for the construction of a Club for a meeting place to hold Elks' functions and community activities on four (4) acres of land zoned Rural Agricultural Conservation (RAC) located on the west side of Blount's Corner Road (Rt. 674) east of Old Stage Highway (Rt. 10) in the Hardy Election District. Matt Smolnik, Assistant Director of Planning and Zoning, advised that the Planning Commission motion to forward this application to the Board of Supervisors with no recommendation was adopted by a vote of (8 -2) with the following conditions: 1. The property shall be used by the Smithfield Elks Lodge No. 65 and special events approved by that organization only. Any change in ownership or operation of the facility will void this Conditional Use Permit; 2. The number of occupants during normal operations and special events shall be limited to no more than three hundred (300) people, or such lesser number as may be established by the County Building Official; 3. Activities shall be prohibited after 10:00 pm Sunday through Thursday and after 12:00 midnight on Friday night and Saturday night; 4. All operations, including special events, shall comply with the requirements of the Virginia Department of Alcohol Beverage Control. No alcohol shall be served or consumed on the property 13 Book 29, Page 303 between the hours of 8:00 am and 5:00 pm during the operation of Hardy Elementary School; 5. Prior to all special events not specifically sponsored by the Smithfield Elks Lodge, a meeting with the Sheriff of Isle of Wight County, or their designee, shall occur to give the following information: a. applicant's name, address and all contact information; b. Whether or not alcohol will be served and a copy of their permit; C. Number of guests expected for the event and whether- or not a monetary fee will be required to attend the event; and, d. Detailed plans for security for all special events not specifically sponsored by the Smithfield Elks Lodge. 6. The applicant referenced in Condition 6.a above shall remain on the property throughout the duration of an event not specifically sponsored by the Smithfield Elks Lodge. The applicant and /or the organization they represent shall be held responsible for the behavior of all individuals attending an event not specifically sponsored by the Smithfield Elks Lodge; 7. The gross square footage of the building constructed on the property shall not exceed 3,000 square feet in size; 8. In addition to the parking required for regular use in accordance with the Zoning Ordinance, additional off - street parking shall be provided on the property at a ratio of one (1) parking space for every two (2) occupants, up to a maximum of one hundred fifty (150) parking spaces. Such overflow parking areas shall be designed and constructed with a sufficient base to support the intended use, but shall otherwise remain in grass or other permeable surfaces acceptable to the Zoning Administrator. The overflow parking area shall meet all landscaping requirements of the Zoning Ordinance. Access to the overflow parking area(s) shall be solely through improved access points approved by the Virginia Department of Transportation and Isle of Wight County; 9. Parking within the public right -of -way in conjunction with the operation of the facility constructed on the property shall be prohibited; 14 Book 29, Page 304 10. All parking lot and site lighting, other than essential security lighting, shall be full cut -off fixtures. All site lighting shall not exceed 0.25 foot - candles at the property lines; 11. A landscaped vegetative buffer of not less than twenty -five (25) feet in width shall be provided adjacent to the property line with Hardy Elementary School and the adjoining property owners to the north and south of the property. Landscaping, as approved by the Director of Planning & Zoning shall consist of a minimum of one hundred twenty (120) points as determined by the Zoning Ordinance for every five hundred (500) square feet of this buffer area; 12. Signage on the property shall be limited to one (1) monument sign no greater than sixteen (16) square feet in size. Lighting of the sign shall be limited to external lighting sources and shall be shut off when the facility on the property is not in use; 13. The building shall be designed and constructed with an emphasis on containing sound to the interior of the structure and minimizing any noise or sound from leaving the property. This shall be accomplished by designing and constructing the building to meet a Sound Transmission Class (STC) of 65 or better in accordance with ASTM 90. Certification by a qualified acoustical specialist that this standard has been met shall be submitted for review and approval by the County prior to the issuance of any Occupancy Permit. Any costs associated with the certification shall be paid by the Smithfield Elks Lodge; 14. Outdoor amplification of music or any other type of entertainment shall be prohibited; and, 15. Failure to fully comply with any of the above mentioned requirements shall be grounds for revocation of the Conditional Use Permit by the Board of Supervisors. Mr. Smolnik advised that he had received letters from J. Ray Barlow, Jr. and Shirley K. Barlow of 17196 Mount Castle Lane, Smithfield and Jacqueline L. Bright of 17237 Days Point Road, Smithfield, just prior to the meeting and had placed copies of same at the Board members' seats. Chairman Casteen called for persons to speak in favor of or in opposition to the proposed application. William Riddick, Attorney representing the Smithfield Elks Lodge No. 65, stated the Elks Lodge is 102 years old and once was located in Smithfield and sold. He stated the Elks had purchased property in 1994 and, at a time, a Conditional Use Permit (CUP) was not a requirement. He advised an 15 Book 29, Page 305 application was then made to the Board of Supervisors in 2004 because the County's ordinance changed necessitating a CUP and the Board had approved the CUP with a number of conditions outlined in the Board's agenda. He stated the Elks members did not understand at that time that the CUP would expire after two (2) years. He stated since 2004, nothing has changed with the exception that the Elks have agreed to a smaller building and they are requesting this Board to come to the same conclusion that the previous Board came to in 2004 and grant the CUP. He stated the Board recently granted a permit for the BFW in Carrsville and the County has a long tradition of having facilities such as the proposed for use as civic and public purposes such as the Smithfield American Legion, the Carrollton Ruritan Club, Carrsville Ruritan Club, Isle of Wight Ruritan Club, Rescue and Battery Park, BFW Post 8545, Walters Ruritan Club, Windsor Masonic Lodge, Windsor Ruritan Club and the Zuni Ruritan Club, all of which are used frequently and for all different types of uses. He distributed renderings of the proposed facility and a revised floor plan, commenting that the facility will be an asset to the County. He advised that no other facility in the County has had any conditions imposed on it. He stated the Elks Lodge members are willing to live by the conditions unposed and they will be investing a great deal of their own money in building a nice facility which can be used and enjoyed by both them and the community. He stated if they do not abide by the conditions imposed, they will risk losing their financial investment. He stated much opposition was expressed to the initial application and this Board will hear the same argument about this area not being able to handle the traffic. He stated the traffic will be infrequent and the noise, the ABC permit, the school and the hours of operation are all addressed in the CUP. He stated it has never been proven that this facility will reduce property values or that there will be a problem with litter. He asked that the Board treat this organization the same as it has other civic organizations and allow them to operate in the same fashion as others. He requested an opportunity at the conclusion of the public hearing to rebut. Miles A. Blount, II, 9130 Blount's Corner Road, stated that while this Board is not the same Board who granted approval of the initial CUP, nothing has changed. He stated the Elks Lodge wants to be nestled in the midst of a community of homes, school and a church with a small access road on the other side. He stated this is not a racial issue and he has no problem with any of the Elk's members. He stated that tonight's decision is as much about a community's way of life as it is about the organization's desire to have a nice lodge. He stated the application has come before the Planning Commission several times and failed to pass. He stated the School Board and Sheriff's Department have expressed opposition to the project and the community presented the Planning Commission with petitions, letters of opposition and cards in excess of 400 individuals who are in opposition to the application. He stated it is time to take a look at the criteria set forth by the Planning Commission to determine if it is sufficient to maintain the present structure of the community in which this facility may be located. He stated this is not a ruritan club, as it has to be profitable and the Elks have 16 Book 25, Page 306 failed to adequately convince the Planning Commission on numerous occasions that it can coexist in this community. He stated this is not the proper location for a facility of this type. Al Williams, Hardy District, advised that he travels Blount's Corner Road daily to get to his residence. He stated facilities in other areas that have been rented out to private individuals have had trouble, specifically with shootings. He expressed concern with the speed limit on Blount's Corner Road, which is narrow in width, and he commented that the Route 10 Business and Blount's Corner Road intersection is dangerous. Herman Jones, 8500 Blount's Corner Road, stated that the property was purchased in 1983 with the intent of building the proposed facility. He stated at the time the property was purchased, a Conditional Use Permit (CUP) was not required, but that requirement changed and approval of a CUP was sought and granted; however, the Elks were not aware that the CUP would expire in two (2) years. He stated Elks are law - abiding citizens who have done great things for the community. He stated that while the Elks only have a few members at this present time, they wish to increase their membership with good people and return to doing great things for the community as done in the past. Mr. Curtis, 17432 Days Point Road, expressed concern with the potential problems associated with facilities when rented out; the narrowness of the roadway and the problems which can occur when alcohol is served. He spoke in favor of maintaining the current integrity of the residential area. He stated he did not move into a residential area so that he could be near a clubhouse and he requested the Board to deny the application. Juliette Carnell, 17210 Days Point Road, expressed concern with the facility being rented out, its close proximity to Hardy Elementary School and surrounding neighborhoods; and, alcohol being permitted on the property. Jan Baker, 17111 Days Point Road, spoke in opposition to the proposed facility being located in an existing quiet residential neighborhood and to alcoholic beverages being served. Melissa Pierce, 9212 Blounts Corner Road, spoke in favor of the application. She stated Hardy Elementary School will not be affected as all functions at the proposed facility will be held after school hours. She stated that she did not anticipate a problem with traffic as there has only been one (1) accident there over the last ten (10) years. Lee Shaw, 18016 Days Point Road, advised that there have been four (4) accidents on Days Point Road, some with major injuries and involving excessive speeds. He expressed concern with the club not being compatible with the surrounding residential neighborhood. 17 Book 29', Page 307 Barrett Black, Jr., 9284 Blounts Corner Road, spoke in favor of the application. He stated the Elks are role models and there would be no reason for anyone to use Days Point Road as the proposed facility would be located on Blount's Corner Road. Dennis Blair, 17155 Days Point Road, expressed concern with the rental of the facility and its potential for noise and alcohol - related incidents. Jeff McFather, 17288 Days Point Road, stated no one is against the Elk members, but rather to the location of the facility, which is a club that will be rented out when not in use by the Elks. He stated the Elks Lodge is a commercial business which is being proposed in a residential neighborhood and the Elks have a long tradition of being a social club, as opposed to some of the other organizations that are more service oriented. Theron Blount, Sr., 9074 Blounts Corner Road, stated that the property owners on Days Point Road who are speaking in opposition have received incorrect information. He stated these homeowners will not be able to see or hear anything from the proposed facility due to the existing woods. He stated the people who attend the church in that area are in favor of the facility, as well as residents of Thomas Park and Orchard Garden. He stated this facility could be also used as a place to pass out supplies during an emergency. He stated members of the church and Boy Scouts used the Elk's Lodge when it was located in Smithfield and the Elks members are getting a bad reputation. Howard Cluster, 17304 Days Point Road, spoke in opposition to the application noting that it would cause property values in the surrounding area to decrease. He stated the noise that would be created is not acceptable. Cheryl Blount, Mount Castle Lane, expressed concern with ditches and hazardous traffic in that area. Richard Gromlich, 9111 Blounts Corner Road, expressed concern with increased noise, parties and close proximity to Hardy Elementary School. He stated there have been four (4) fatalities at the corner of Blount's Corner and Old Stage Highway. John Harmon, 9242 Blounts Corner Road, stated that he has an autistic son who is noise sensitive. He stated he has concerns about strangers and increased foot traffic on Blount's Corner Road. He stated this area is quite in nature and he wants it to remain that way. Pinky Hipp, 17271 Morgart's Beach Road, stated that noise is a major problem in that area and the proposed facility would be detrimental to its existing way of life. She stated most are in opposition because of the renting of the facility, but the existing roadway is also narrow in width and will not allow anyone to pass. 99 Book 29, Page 308 Miles Blount, Sr., 9146 Blounts Corner Road, advised that his property is located next door and he would be most affected by any negative impacts. Chairman Casteen closed the public hearing and called for comments from the Board. Supervisor Hall commented that Blount's Corner Road is very narrow and dangerous and increased traffic would pose a concern for the facility which is being proposed in a residential neighborhood. She stated that the Elks Lodge is a business and the concerns expressed seem to be valid. She stated that the Sheriff has expressed concerns about the Elks Lodge when it was in Smithfield with respect to uninvited guests and it has developed a bad reputation as a result. Attorney Riddick stated that the Sheriff, when he was the Police Chief in the Town of Smithfield, acknowledged in his letter that the procedure developed to deal with people who use the Elks Lodge in Smithfield is the same procedure that has been adopted in the Conditional Use Permit and it is inaccurate for other people to say that the Sheriff is opposed to the application. He stated the Elks Club is a civic organization like all other civic organizations and everyone says they don't oppose the Elks and that they want them to have a place, but just not in their back yard. He stated the Elks members have agreed to be more accommodating than they were in 2004. He stated there are conditions imposed by the Board to deal with the hours of operation and alcohol cannot be served while school is in session. He stated the hours are limited and everyone says they cannot control who is going to be there. He stated the same kind of people will be there as at the ruritans and all the other facilities, which are our friends, neighbors and citizens of the County. He stated it is wrong to characterize it other than anything but the people that we live with and are from our community. He stated it is a positive for people in that area of the County to have a gathering place. He stated there is a condition in the Conditional Use Permit that there must be security for every function that is not an Elk's function and this is the only facility that has this type of condition. He stated there has been a great deal of misinformation disseminated about this application. He stated they have the strictest standards imposed on theirs by the Conditional Use Permit to ensure that they are not noise offensive. He stated all people should be treated consistently and fairly. He stated this community is not any different than any other community that has a community house. He stated it is not a problem and never has been. Supervisor Hall moved that the application be denied. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. 19 Book 29, Page 309 Chairman Casteen declared a recess. The Board returned to open meeting. Chairman Casteen called for a public hearing on the following: B. Hunting Lease to the Isle of Wight Hunt Club County Attorney Popovich certified that the matter had been properly advertised for public hearing. Chairman Casteen called for persons to speak in favor of or in opposition to the proposed hunting lease. No one appeared and spoke. Chairman Casteen closed the public hearing and called for comments from the Board. Supervisor Darden moved that the hunting lease with the Isle of Wight Hunt Club be approved and that the Chairman be authorized to sign it on behalf of the Board. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen called for a public hearing on the following: C. An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 16.1. Water. Section 16.1 -2.1. Authority of Department of Public Utilities to Furnish, Install and Maintain Meters; Section 16.1 -8., Imposed; When Effective; Section 16.1 -9. Amounts- Generally; Section 16.1 -15. Charges Generally; Section 16.1 -26. Restriction on Interconnections with the County's Utility Systems; Cross - Connection Control Program. County Attorney Popovich certified that the proposed Ordinance amendment has been properly advertised for public hearing. Chairman Casteen called for opposition to the proposed Ordinance. No one appeared and spoke. persons to speak in favor of or in Chairman Casteen closed the public hearing and called for comments from the Board. 20 Book 29, Page 310 Supervisor Bailey moved that the following Ordinance be adopted: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CERTAIN DESIGNATED SECTIONS OF CHAPTER 16.1. WATER. ARTICLE I. IN GENERAL; ARTICLE II. METERS; ARTICLE III. BILLINGS; ARTICLE IV. CONNECTIONS; ARTICLE V. FIRE PROTECTION; ARTICLE VI. CROSS - CONNECTION CONTROL PROGRAM; AND ARTICLE VII. WATER LINE EXTENSIONS AND SYSTEM IMPROVMENTS WITHIN CURRENTLY DEFINED DEVELOPMENT SERVICE DISTRICTS AND OTHER DESIGNATED AREAS. WHEREAS, the Isle of Wight County Board of Supervisors has determined that it is necessary and appropriate to make certain technical revisions to the water ordinance and to modify the water rates for Isle of Wight County Code. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that effective July 16, 2012 Chapter 16.1. Water. Article I. In General. Sections 16.1 -1 through 16.1 -2.1 are hereby amended and reenacted as follows: Article I. In General. Sec. 16.1 -1. - Definitions. 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 21 Book 29, Page 311 (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 - entities and used by the owner or single lessee or occupant thereof, 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. Went. 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 dwellin Lg_ rnit. Any premises, building or dwelling unit constructed on property abutting a County water main provided, 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. Parcel. An individual piece of real property, as formally set forth in a conveyance of real property, together with the boundaries thereof, as properly recorded in the Isle of Wight County Circuit Court Clerk's Office. Plumbing 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 22 Book 29, Page 312 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; 5- 21 -09; Ord. No. 2010 -6 -C, 3- 24 -10.) Sec. 16.1 -2. - Additional rules and regulations. The County is responsible for the operation and maintenance of the water system p to and including the water meter. All service lines beyond the meter are the responsibility of the owner of the parcel. The County reserves the right to adopt, from time to time, such additional rules and regulations as it shall deem necessary and proper in connection with use and operation and maintenance of the water system, which rules and regulations shall become effective as though set forth in this chapter. (5- 21 -09.) Sec. 16.1 -2.1. - Authority of Department of General Services to enter contracts for water- service; agreement. (a) The Board of Supervisors or their designated representatives shall have authority to execute on behalf of the County any contracts for water service as herein provided: (b) The Board of Supervisors or their designated representative is hereby authorized to enter into agreements on behalf of the County where unusual or complex situations exist that are not covered in this chapter. (5- 21-09.) (c) The Director of General Services is authorized to enter into water service agreements and execute water service contracts on behalf of the County subject to review and approval by the County Attorney and which are consistent with County policy and procurement requirements. NOW, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that effective July 16, 2012 Chapter 16.1. Water. Article II. Meters. Division 1. Generally. Sections 16.1 -3 through 16.1 -6 are hereby amended and reenacted as follows: Article II. Meters. Division 1. Generally. Sec. 16.1- 3.Number of meters permitted per premises. Only one meter shall be allowed for each parcel and only one such parcel can be supplied through one meter, unless, in the judgment of the County, multiple meters will afford better services. (5- 21 -09). 191 Book 29, Page 313 Sec. 16.1-4. Calculation of charges for premises served by more than one meter. If any water consumer is supplied by more than one meter, each meter shall be considered as a separate service for meter service charges for water. (5- 21 -09). Sec. 16.1- 5.Separate meters required. Where more than one parcel is supplied with water by means of a single meter without County authorization, this condition shall be remedied promptly and each parcel shall be connected with a separate meter, connection and service pipe at the owner's expense. (5- 21 -09). Sec. 16.1 -6. - County to furnish, install and maintain meters. Upon payment of the connection fee, the County will furnish and install meters for new residential water customers that do not exceed a three - quarter inch (3 /a ") meter size at no additional cost to the owner of the improved property. The County will furnish, and install, meters for all other new water customers at the expense of the owner of the improved property. The County is responsible for maintenance and reading of all water meters. NOW, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that effective July 16, 2012 Chapter 16.1. Water. Division 2. Rates. Sections 16.1 -8 and 16.1 -9 are hereby amended and reenacted as follows: Division 2. Service Charges. Sec. 16.1 -8. - Imposed; when effective. Meter service charges for water passing through meters are hereby imposed upon and shall be collected on a regularly scheduled basis from the owner or tenant of each improved property connected to the water system. Such charges shall be effective as of the date of meter installation of each improved property for meter installation, maintenance, repair and reading. (5- 21 -09.) Sec. 16.1 -9. - Amounts — Generally. Meter service charges shall be determined on the following basis: (a) Except as otherwise provided in this chapter, meter service charges shall be based on the volume of water used as measured by meters installed and maintained by the County; (b) Meter service charges for water passing through meters are hereby imposed upon and shall be collected on a regularly scheduled basis 24 Book 29, Page 314 from the owner or tenant of each improved property connected to the County water systems. Such charges shall be as follows: Meter service charges shall be in accordance with Table 16.1 -9 below. The County reserves the right from time to time to amend the service charges in order to insure that the utility system remains self - sustaining. Table 16.1.9 BI- MONTHLY SERVICE CHARGES CHARGES Meter Size: Up to and including 3/4" $25.50 1" $84.00 1' /2" $95.00 2" $129.00 4" $129.00 Unmetered Water Service $70.00 Per 1,000 Gallon Metered Usage: 0- 50,000 gallons (included in flat fee) $6.65 Over 50,000 gallons $5.75 Master Meter: Same rates as illustrated above. NOW, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that effective July 16, 2012 Chapter 16.1. Water. Article III. Billings. Sections 16.1 -11 and 12 are hereby amended and reenacted as follows: Article III. Billings. 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 days from the date of such disconnection notice. Upon payment of all utility charges, service reconnection will be made within twenty -four 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 reconnection. If payment is not received within the ten -day period, the 25 Book 29 , Page 315 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. (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. (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 percent credit on excess charges based on the previous six - month's average may be allowed. Only one adjustment credit may be allowed for the same premises within six (6) consecutive months. (d) In the event of any billing error discovered, corrections may be made for the previous thirty- six -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. (11- 21 -96; 1- 16 -03; Ord. No. 2010 -6 -C, 3- 24 -10.) 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 ($75.00) 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. All costs to repair 26 Book 29 , Page 316 any damage as a result of the illegal connection shall be the responsibility of the customer. (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; Ord. No. 2010 -6 -C, 3- 24 -10.) NOW, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that effective July 16, 2012 Chapter 16.1. Water. Article IV. Connections. Section 16.1 -13 and Sections 16.1 -15 through 18 and 16.1 -20 and 21 are hereby amended and reenacted as follows: Sec. 16.1 -13. - When required. All new premises, building or dwelling units where water service is available shall connect to such main. All other existing premises, buildings or dwelling units where water service is available shall connect to such main within one year of receipt of official connection notice, unless specifically otherwise provided for in this chapter. Where service becomes available by virtue of extending the County system to serve other subdivisions or neighborhoods, connection to such main shall not be mandatory. Water is deemed to be available to the property to be connected if service can be provided without unreasonable cost or unusual construction techniques. Availability of water may be declared by the Director of General Services based on costs to provide service, construction techniques or other unusual conditions. Any existing premises, building or dwelling units that request sewer service where water service is deemed available shall connect to such water main. (5- 21 -09.) 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 a connection fee. Except as provided herein, the following connection and tap fees shall apply: CONNECTION CHARGES: Meter Size: r- 5 /8.. 1, /" 2" Master Meter: $4,000.00 $6,300.00 $9,900.00 $15,200.00 i J Multi - residential facilities (duplex, :Same Same charges as illustrated above for apartment, etc.) i first unit PLUS $3,200 per equivalent dwelling unit (EDU) Hotel, motel, hospital, etc. Same charges as illustrated above for 27 Book 29, Page 317 first unit PLUS number of units divided by 5, times a fee of $3,200.00 Commercial, industrial and institutional served by single meter: Meter Siz 1" 211 311 411 7,850.00 12,600.00 ')241,000.00 ')38,000.00 ')68,000.00 )114,000.00 The connection charges shall be determined by the meter size for domestic use only. 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. (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 fees, for existing single - family residential services is made within ninety days after receipt of official County connection notice, the connection fees due will be reduced to one -half of the amounts in subsection (a) of this section, or as otherwise approved by the Director of General Services. (d) When the application for residential connection is made within ninety days of receipt of the official County connection notice, the applicant may pay the connection 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. Book 29, Page 318 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 frill 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 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. (f) Projects served by master meter may be: Single - family, duplexes, 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; Ord. No. 2010 -6 -C, 3 -24- 10.) (g) Upon payment of the connection fee, the County will install water line taps and service lines for residential connections that do not exceed a three - quarter inch (3 /a ") meter size at no cost to the owner of the improved property to be connected. Charges for water line taps that require the work of subcontractors to the County will be billed to the owner of the improved property at the actual cost of service. The owner shall indemnify and save harmless the County from all loss or damage that may be occasioned, directly or indirectly, as a result of construction to install the residential water service. (h) All costs and expenses to install all other water services shall be borne by the owner of the improved property to be connected and such owners shall indemnify and save harmless the County from all loss or damage that may be occasioned, directly or indirectly, as a result of construction to install the water service. Sec. 16.1 -16. - Application for connection; County to determine size and location. Any person desiring to secure water service shall file a signed application therefore at the County on the prescribed form, stating the location and character of the premises for which service is desired. The owner /applicant shall determine the proper meter size and location of each new connection. The County shall own and maintain all facilities installed in making the connection up to and including the meter. (5- 21 -09.) 29 Book 29, Page 319 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 premises; (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 (4) 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 (Section 16.1- 17(c)) or new account fee (Section 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 (6) consecutive billing cycles provided said account has not been delinquent during this period. Should the account become delinquent at any time during said six (6) consecutive billing cycles, the deposit shall be retained by the County until six (6) consecutive billing cycles have occurred without any delinquency in payments. 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. IM Book 29, Page 320 (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 fields shall be administratively written off in accordance with acceptable accounting methods. (11- 21 -96; 7- 17 -03; Ord. No. 2010 -6 -C, 3- 24 -10.) (i) All customers desiring new water service is responsible for malting certain the plumbing on the private side of the water meter meets the most current plumbing code. 0) All customers are responsible for their plumbing on the private side of the water meter including any improvements or modifications made necessary by connection to the County system or to accommodate County initiated system changes. Sec. 16.1 -18. - Liability of County. The County shall not be liable for any damage resulting from the bursting of any main, service pipe or cock from the shutting off of water for repairs, extensions, connections, disconnections or from the accidental failure of the water supply from any cause whatsoever. In cases of emergency the County shall have the right to restrict the uses of water in any reasonable manner for the protection of the County and its water supply. (5- 21 -09.) Sec. 16.1 -20. - Contract required. Whenever a service connection with a County water main is requested, the owner of the property to be connected with such water main, before such service connection is made, shall be required to sign a contract prepared for the purpose and kept in the office of the County. A separate contract shall be required for each premises. The connection fees shall be paid in advance. (5- 21 -09.) Sec. 16.1 -21. - Service for contractors for construction purposes. Customers using water service for building or construction purposes shall pay for same at the regular meter service charge, and shall be held responsible for all water so used, as recorded by the meter, or otherwise ascertained, until such time as the contractor shall notify the County in writing, to cut off the supply. (5- 21 -09.) NOW, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that effective July 16, 2012 Chapter 16.1. 31 Book 29, Page 321 Water. Article V. Fire Protection. Sections 16.1 -23 and 24 are hereby amended and reenacted as follows: Sec. 16.1 -23. - Connections for fire protection other than public hydrants. When permitted by the County, connections for fire protection other than public fire hydrants shall be as follows: (a) There shall be no connection with any other service from County mains or with any other water supply. (b) All facilities that require fire protection must install adequate backflow prevention devices to ensure protection of the public water system. All devices must be approved by the County prior to installation. Location of devices shall be approved by the County. (c) For a supply of water for private fire hydrants or hose connections or both, with or without a sprinkler system, such connection shall be supplied through a fire protection meter to register all water used, the size of connection and type of meter to be determined by the County. (d) For fire protection meter, gate and check valves, connection with the County main to the meter will be installed and paid for by the owner of property to be protected. (5- 21 -09.) Sec. 16.1 -24. - Prohibited use of hydrants. Fire hydrants are provided for the sole purpose of extinguishing fire, and all persons except authorized personnel of the Department of Emergency Services, County, Department of General Services or such persons as may be specially authorized by the County Administrator are hereby prohibited from opening or using the same. Any person authorized to open fire hydrants shall use only an approved spanner wrench, and shall replace the caps on the outlets when not in use. (5- 21 -09.) NOW, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that effective July 16, 2012 Chapter 16.1. Water. Article VI. Cross - Connection Control Program. Section 16.1 -26 is hereby amended and reenacted as follows: Sec. 16.1 -26. - Restriction on interconnections with the County's utility systems; cross- connection control program. (a) The water supply from the County's water system shall be distributed through pipes entirely independent of and disconnected from any 32 Book 29, Page 322 other water supply; connections between piping furnishing the County's water and any unauthorized piping connected with any other source of supply are prohibited. (b) Duly authorized representatives of the County shall have free access at all reasonable hours to all parts of any premises to which County water supply may be extended in order to make the necessary inspections of pipes and fixtures. (c) There is hereby adopted and incorporated by reference the Isle of Wight County Manual of Cross - Connection Policies, and any amendments presently or subsequently adopted, copies of which are on file and available for inspection in the County offices. Such policies shall apply to and control all cross - connections between public and independent potable water systems. (d) Duly authorized representatives of the County may cause inspections to be made of properties served by the water system where cross - connections with the water system are deemed possible. The frequency of inspections and re- inspection, based on potential health hazards involved, shall be established by policies of the County. (e) Duly authorized representatives of the County shall have the right to enter, at any reasonable time, properties served by a connection to the water system for the purpose of inspecting the piping system or systems for cross - connections. Upon request, the owner or occupants of property served shall furnish to the County pertinent information regarding the piping system or systems on such property. The refusal of such information, or refusal of access, when requested, shall be deemed evidence of the presence of cross - connection. (f) The County may deny or discontinue the water service to a consumer if the required backflow prevention device is not installed. If it is found that the device(s) has been removed or bypassed, or if a cross - connection exists on the premises, or if the pressure in the water system is lowered below ten (10) psi gauge, the County shall take action to insure that the water system is adequately protected at all times. (g) The duly authorized representative of the County shall notify the owner, or authorized agent of the owner, of the building or premises in which there is found a violation of this article, apprising the owner of the facts of such violation. The duly authorized representative shall set a reasonable time for the owner to have the violation removed or corrected. Upon failure of the owner to have the violation corrected by the end of the specified time interval, the duly authorized representative may, if in their judgment a health hazard exists, cause the water service to the building or premises to be terminated. The County shall thereafter immediately afford the owner, occupant or agent the notice and opportunity to be heard. In all cases where the County shall terminate water service as provided under this subsection, 33 Book 29, Page 323 the County shall act with dispatch in notifying the owner, occupant or agent and shall exercise the utmost diligence in scheduling a prompt hearing on the matter. Any owner or authorized agent of the owner responsible for the maintenance of the plumbing system in a building who knowingly permits a violation to remain uncorrected after the expiration of time set by the duly authorized representative of the County shall, upon conviction thereof by the court, be fined not more than one hundred dollars ($100.00) for each violation. Each day of failure to comply with the requirements of this article after the specified time shall constitute a separate violation. Water service to such premises shall not be restored until the deficiencies have been corrected or eliminated in accordance with the policy mentioned in subsection (c) of this section to the satisfaction of the County. (h) The potable water made available on the properties served by the water system shall be protected from possible contamination or pollution by enforcement of this chapter and the plumbing code (as defined in Section 16.1 -1). (5- 21 -09.) NOW, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that effective July 16, 2012 Chapter 16.1. Water. Article VII. Water Line Extensions and System Improvements Within Currently Defined Development Service Districts and Other Designated Areas. Section 16.1 -27 is hereby amended and reenacted as follows: See. 16.1 -27. - Extensions (a) The extension of water service to a County residence not currently receiving such service shall be accomplished in accordance with the following general principles: (1) Extension shall be made in a manner so as to promote orderly growth, protect health and environment, serve requested extensions and promote the general public interest. (2) Property owners shall be responsible for the cost of installing sewer extensions to and within their neighborhoods. (3) The County shall be responsible for the maintenance, operation and control of water facilities after dedication and acceptance by the County. (b) Any property owner or neighborhood community desiring to have water service extended to their residence shall apply in writing to the Director of General Services. In the case of a neighborhood request, a minimum of sixty -six and seven tenths percent of the homeowners in the requesting area are required before the request will be considered. The request(s) must be made by the legal title holder(s) for the property. 34 Book 29, Page 324 (c) Extensions of water service to commercial or industrial property may be requested by a letter from the president, board chairman or principal of the corporation desiring service. (d) Applications shall contain information and plans in sufficient detail to enable the Director of General Services to determine the adequate size of facilities necessary for the proposed extension and anticipated future growth. (e) Approval for construction of a water extension project must be obtained from the Isle of Wight Board of Supervisors following recommendation for the project by the Director of General Services. (f) Upon approval of a water extension project, property owners will be required to sign documentation indicating a firm commitment to connect to water service when it becomes available and commitment to extension charges required for the project. (g) The County may extend water service at its own discretion in the following circumstances: (1) To alleviate health and /or environmental concerns:..... When the Isle of Wight County Health Department certifies that a health problem exists in a certain area, the County may order the extension of water service to said area. The County may require assessments of property owners of said area under the same procedure set out in subsection 16.1- 27(i). (2) To serve requested projects: ..... Upon receipt of a valid application for sewer extension, the County may order the extension of water service to the applying area. The County will evaluate application based on the following or similar criteria: History of current water service failures; Size of the requesting area/neighborhood; Risks to public health and the environment; Availability of reasonable alternatives; and Cost to provide water service. The property(ies) to be served will be assessed under the same procedure set out in subsection 16.1- 27(i). (3) Greater public interest:..... The County Board of Supervisors may at its discretion or upon recommendation of the Director of General Services, authorize the construction of water extensions where it deems said construction to be in the greater public interest and in the general public welfare. (h) Property owners in which water service is extended will be required to pay for the cost of extending this service, including design, permitting and construction related costs. The County, at its discretion, may share in the cost 35 Book 29, Page 325 of providing such service, specifically if said extension is anticipated to service future development in the service area. (i) The extension charge to property owners shall be based on the total project costs, less the County's share, allocated to property owners based on property water meter size in accordance with the American Water Works Association (AWWA) standard meter equivalents. Meter Equivalent V 1.0 3/4" 1.5 V 2.5 1'/z" 5.0 2" 8.0 3" 16.0 4" 25.0 0) Payments of extension charges are due before initiation of the water extension project. (k) The County may, at its discretion, finance extension charges for a period not to exceed ten (10) years. Interest charges associated with the financing shall correspond with the County debt used to complete the extension project. For property choosing to finance extension charges, a lien shall be placed upon the property until such time the extension charges are paid in frill. (1) Upon transfer of title of any property with an outstanding balance associated with financed water extension charges, these charges shall be paid in frill. (m) Extension charges represent a cost separate from County connection fees. Connection fees are due from the connection property owner at the time of connection. (5- 21 -09.) The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen called for a public hearing on the following: D. An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 12. Offenses - Miscellaneous. Section 12 -3. Dance Halls- License Required. Section 12 -4. Same - Defined. And Section 12 -6. Same - Exemptions from Regulations. County Attorney Popovich certified that the proposed Ordinance amendment has been properly advertised for public hearing. 36 Book 29, Page 326 Chairman Casteen called for persons to speak in favor of or in opposition to the proposed Ordinance. No one appeared and spoke. Chairman Casteen closed the public hearing and called for comments from the Board. Supervisor Bailey moved that the following Ordinance be adopted: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 12. OFFENSES – MISCELLANEOUS. SECTION 12 -3. DANCE HALLS – LICENSE REQUIRED. SECTION 12 -4. SAME -- DEFINED. AND SECTION 12 -6. SAME – EXEMPTIONS FROM REGULATIONS. WHEREAS, the Isle of Wight County Board of Supervisors has determined it necessary to conform the Isle of Wight County Code with the provisions of the Code of Virginia. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors, that Chapter 12. Offenses – Miscellaneous. Section 12 -3. Dance Halls – License Required be amended and reenacted as follows: Sec. 12 -3. - Dance halls— License required. No person shall, in the county, operate or conduct a dance hall without having first obtained a permit from the board of supervisors, as prescribed and provided for in Section 15.2 -912.3 of the Code of Virginia, and having paid to the county a license tax in the amount of six hundred dollars, the same to be due and payable on the first day of January of each and every year. (12- 5-68, § 1; 6- 4 -87.) BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, that Chapter 12. Offenses – Miscellaneous. Section 12 -4. Same – Defined. be amended and reenacted as follows: Sec. 12 -4. - Same — Defined. A public dance hall shall be construed to mean any place open to the general public where dancing is permitted to which an admission fee is charged or for which compensation is in any manner received either directly or indirectly by cover charge or otherwise or where refreshments or food or any form of merchandise are served for compensation before, during or after dancing. The sale of any refreshments, food or any form of merchandise at any such place or the exhibiting of such for sale shall be deemed direct 37 Book 29, Page 327 compensation for any such dance hall within the meaning of this section. However, a restaurant licensed to serve food and beverages having a dance floor with an area not exceeding ten (10) percent of the total floor area of the establishment shall not be considered a dance hall. (12 -5 -68, § 3.) BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, that Chapter 12. Offenses – Miscellaneous. Section 12 -6. Same – Exemption from regulations. be amended and reenacted as follows: See. 12 -6. - Same— Exemptions from regulations. Sections 12 -3 to 12 -5 shall not apply to dances held for benevolent or charitable purposes or when the same are conducted under the auspices of religious, educational, civic or military organizations nor shall they be in effect in any town in which an ordinance has been adopted and is in effect under the provisions of Section 15.2 -912.3 of the Code of Virginia. (12 -5 -68, § 6.). The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Alphin moved that the Board return to the regular order of the agenda and the continuation of the County Administrator's report. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Michael W. Terry, Director of Budget and Finance, requested the Board's consideration of a Resolution to Adopt and Commit Available Uncommitted Bond Cash Proceeds for Use as Operating General Fund Revenue for FY2012 -13. Supervisor Hall moved that the following Resolution be adopted: RESOLUTION TO ADOPT AND COMMIT AVAILABLE UNCOMMITTED BOND CASH PROCEEDS FOR USE AS OPERATING GENERAL FUND REVENUE FOR FY 2012 -2013 WHEREAS, County staff has complied with the Board's request to conduct an analysis and confirmation of the availability of $1,350,000 of unused bond proceeds as a component of revenue source for the FY 2012 – 2013 General Fund Operating Budget; W Book 29, Page 328 WHEREAS, In accordance with GASB Statement No.54 these available uncommitted bond cash proceeds are to be committed as revenue for the FY 2012 -2013 General Fund Operating Budget, effective July 1, 2012; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of the Isle Wight adopts this resolution to commit available uncommitted bond cash proceeds for use as operating general fund revenue for FY 2012 -2013, effective July 1, 2012. BE IT FURTHER RESOLVED that the County Administrator of the County of the Isle of Wight, Virginia is authorize to make the appropriate accounting and budget adjustment and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (4 -1) with Supervisors Darden, Bailey, Hall and Alphin voting in favor of the motion and Chairman Casteen voting against the motion. Mr. Terry requested the Board's consideration of a Resolution to Adopt and Commit as Identified Concluding the FYE June 30, 2012 Close Out Available Donations, Dedicated Funds, Unused Funds as Intended by Funding Purpose. Chairman Casteen moved that the following Resolution be adopted: RESOLUTION TO ADOPT AND COMMIT AS IDENTIFIED CONCLUDING THE FYE JUNE 305 2012 CLOSE OUT AVAILABLE DONATIONS, DEDICATED FUNDS, UNUSED FUNDS AS INTENDED BY FUNDING PURPOSE WHEREAS, three (3) County departments have requested that funding identified as donations, dedicated for specific revenue purposes and /or has been unused or set aside to accomplish a specific strategy /initiative do not lapse to the General Fund as of June 30`x', year -end close; and, WHEREAS, once the final accounting for year -end close has occurred, the available amounts or so much as determined available can only be used for the purpose committed by this Board resolution; and, WHEREAS, GASB Statement No. 54 sets forth that the governing Board (Board of Supervisors) can adopt by resolution that such funding requests can be classified as committed. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight adopts this resolution to commit available fiends for the three (3) County departments once said funds have been fully accounted for at the conclusion of June 30, 2012 year -end close out. 39 Book 29, Page 329 BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting and budget adjustment and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Mr. Terry requested the Board's consideration of the proposed FY2013 -17 Capital Improvements Plan /Capital Budget. Donald T. Robertson, Director of Information Resources and Legislative Affairs, distributed a proposed Capital Improvements Plan for FY2013 -17 for the Board's reference. He drew the Board's attention to the first two (2) years of the Plan, noting that it consists of mandated projects amounting to $12 million and other projects that have either already begun or have dedicated funding in the amount of $16 million. He requested the Board to provide direction with respect to those projects it wishes to move forward with. Supervisor Darden moved that the FY2013 -17 Capital Improvements Plan be adopted with the following amendments: Space Needs: $2.2 should be $2.7 Economic Development: FY12 /13 should be zero Fire and Rescue: move over one (1) year Sheriff: As is at $360,000 Emergency Communications: As is at $30,000 Parks and Recreation: Move $470,000 to FY13 /14; leave other items in FYI 2/13 Schools: FYI is zero Public Utilities: No change General Services /Public Works: Boykin's Tavern Structural and Boykin's Shoreline move out one (1) year; current year is zero, next year is $100,000, FYI 4/ 15 is $120,000. YMCA: No change Community Development: No change Registrar: No change Library: No change Engineering: No change Red Cross: No change Contingency: No change The motion was adopted by a vote of (4 -1) with Supervisors Casteen, Darden, Bailey and Alphin voting in favor of the motion and Supervisor Hall voting against the motion. .O Book 29, Page 330 County Administrator Caskey presented a Resolution to Appropriate Funds from the Unassigned Fund Balance of the General Fund for Franklin Revenue Sharing Agreement for the Board's consideration. Supervisor Bailey moved that the following Resolution be adopted: RESOLUTION TO APPROPRIATE FUNDS FROM THE UNASSIGNED FUND BALANCE OF THE GENERAL FUND FOR FRANKLIN REVENUE SHARING AGREEMENT WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved additional funding for the Franklin Revenue Sharing Agreement; and, WHEREAS, funds in the amount of two hundred ninety -three thousand, twenty -five dollars ($293,025) needs to be appropriated from the Unassigned Fund Balance of the General Fund to the FY 2011 -12 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 two hundred ninety -three thousand, twenty -five dollars ($293,025) from the Unassigned Fund Balance of the General Fund be appropriated to the FY 2011 -12 General Operating Budget. 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 Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. An Isle of Wight County Schools financial report was contained in the agenda for discussion. The Director of Budget and Finance was requested to invite the School's Chief Financial Officer to the Board's July meeting to review the financial reports with the Board. County Administrator Caskey called for appointment of an individual to serve on the Equalization to represent the Carrsville District. Supervisor Alphin moved that David Holt be reappointed to represent the Carrsville District on the Board of Equalization. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. 41 Book 29, Page 331 Sheriff Marshall requested that the Board take appropriate action to allow him to proceed with the purchase of new Deputy Sheriff cars prior to the County returning to the bond market. Responsive to Mr. Terry's recommendation, Supervisor Bailey moved to approve use of the Unassigned Fund Balance in the amount of $360,000 with the understanding that the County will reimburse itself when it goes to the bond market. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. // Chairman Casteen called for Appointments. Chairman Casteen appointed Supervisor Darden, replacing Thomas J. Wright, III, as the Board's representative on the Agricultural /Forestal District Advisory Council. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen reappointed Betty Alldaffer to represent the Smithfield District on the Blackwater Regional Library Board. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen reappointed W. Douglas Caskey to serve on the Hampton Roads Planning District Commission. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen reappointed Supervisor Darden to serve on the Hampton Roads Planning District Commission. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Darden reappointed Len Alphin to represent the Windsor District on the Industrial Development Authority. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen reappointed Hazel Edwards to serve on the Southeastern Tidewater Opportunity Project. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. 42 took 29, Page 332 Supervisor Alphin appointed Patricia Sowell to represent the Carrsville District on the Social Services Board. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. // Chairman Casteen called for Old Business. There was no old business offered for discussion by the Board. Chairman Casteen called for New Business. Supervisor Bailey requested County Administrator Caskey to advise Mr. Heuer of the Board's concerns with the appearance of the general area owned and maintained by VDOT at the Isle of Wight County end of the James River Bridge and that the Board would ask that some mutually agreeable manner of screening be considered to make this location less visible to the driving public. Supervisor Alphin requested the Board's consideration of reimbursement of a Camptown resident for sewer hookup who has been paying a sewer bill to the County for the last 12 -15 years and found out recently that she is actually hooked up to her own septic system. Supervisor Alphin moved that Ms. Gatling be reimbursed prorated over ten (10) years of what the County paid her for five years (not to exceed $5,000 and she has already received $2,400). The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Alphin recommended the formulation of an advisory committee charged with developing recommendations to fund the County's various fire and rescue squads. He recommended that he and Supervisor Hall be on the committee, along with two (2) Fire and Rescue Association members, one outside person with experience in that area and Rusty Chase. Supervisor Alphin moved that he and Supervisor Hall form a committee at their discretion as an advisory committee to bring back a recommendation to the Board. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Alphin spoke in favor of a fostered relationship between the Board of Supervisors and the School Board. He stated that he would like to further- discuss this relationship issue at the Board's July meeting. 43 Book 29, Page 333 Responsive to Supervisor Alphin's concern that the speakers in the Board Room are not adequate, Mr. Robertson advised that technological needs will be addressed in the very near future with respect to camera angles and speakers. County Attorney Popovich requested a closed meeting pursuant to Section 2.2- 3711.A.1 of the Freedom of Information Act concerning a personnel matter pertaining to a specific public official; pursuant to Section 2.2- 3711.A.1 of the Freedom of Information Act concerning a personnel matter pertaining to a specific public employee; pursuant to Section 2.2- 3711.A.7 related to consultation with legal counsel requiring the provision of legal advice pertaining to SPSA; and, pursuant to Section 2.2- 3711.A.7 related to consultation with legal counsel requiring the provision of legal advice pertaining to the appropriation of funds. Supervisor Darden moved that the Board enter the closed meeting for the reasons stated. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen moved that the Board return to open meeting. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Darden moved that the following Resolution be adopted: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2- 3712.1) 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. .. Book 29, Page 334 VOTE AYES: Bailey, Darden, Hall, Alphin and Casteen NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Supervisor Darden moved to reclassify the employee as discussed with the corresponding pay increase as discussed in closed meeting. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey moved to authorize the Chairman to send the letter regarding the shared services to the School Chairman as discussed in closed meeting. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen moved to authorize the Chairman to execute the letter to the School Board Chairman regarding the FY2011 -12 appropriations. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. At 11:00 p.m., Chairman Casteen declared the meeting adjourned. Alan E. Casteen, Chairman 0�0". �n� a-oqq� Carey Alls Storm, Clerk E•