03-17-1988 Regular Meetingh
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t-ae 14 rpc. 53
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS .HELD THE SEVENTEENTH DAY OF MARCH IN THE YEAR
NINETEEN HUNDRED EIGHTY EIGHT
PRESENT: Henry H. Bradby, Chairman
Joel C. Bradshaw, Jr., Vice Chairman
Steve W. Edwards
Thomas L. Ross
Richard L. Turner
Also attending: H. Woodrow Crook, Jr., County Attorney
Myles E. Standish, County Administrator
W. Douglas Casket', Assistant County
AdministratorlCommunity Development
Kenneth L. Chandler, Assistant to the
County Administrator
Terry D. Lewis,. Planning Director
Hilda W. Harmon, Budget and Finance
Coordinator
Betty. Scott, Assistant Clerk
Chairman Bradby called the meeting to order at 7:00
P.M. and delivered the invocation.
//
The 'Chairman called for a public hearing on "An
Ordinance To Amend Chapter 3, Article II, Division 3,
Sections 3-9 and 3-35 Of The Isle of Wight County Code To
Add '°Chasing Livestock As An Offense For Which Dogs biay Be
Killed" and To Add "Cats." As Animals To Be Confined During
Rabies Emergencies".
Supervisor Bradshaw expressed concern as to whether
anyone other than the Animal Control Officer could kill
dogs, to which County Attorney Crook replied, "Yes, in
defense of .livestock".
Supervisor .Bradshaw moved the Board approve "An
Ordinance To Amend Chapter 3, .Article II, Division 3,
Sections 3-9 and 3-35 Of The Isle of Wight County Code To
Add "Chasing Livestock" As An Offense For Which Dogs May Be
killed And To Add "Cats" As Animals To Be Confined Durinq
Rabies Emergencies" -The motion. passed. by unanimous vote of
the Board (5-0).
AN ORDINANCE TO AMEND THE ANIMAL CONTROL SECTIONS OF
THE ISLE OF WIGHT COUNTY CODE
BE IT AND IT IS HEREBY ORDAINED BY THE BOARD
OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA, that
Sections 3-9 and 3=35 of the Animal Control sections
of the. Isle of Wight County Code be amended to read as
follows:
Section 3-9. - Dogs killing, injuring or
chasing livestock or poultry. It shall be duty of any
animal warden or other officer who may find a dog in
the act of killing ,or injuring livestock or poultry to
kill such dog forthwith whether such dog bears a tag or
not. Any person finding a dog committing any of the
depredations mentioned in this section shall have the
right to kill such dog on sight as shall any owner of
livestock or his agent finding a dog chasing livestock
on land utilized by the livestock when the
circumstances show that such chasing is harmful to the
livestock. Any court shall have the power to order the
animal. warden or other officer to kill any dog known to
be a confirmed livestock or poultry killer, and any dog
killing poultry for the third time shall be considered
a confirmed poultry killer.
Any animal warden who has reason to believe
that any dog is killing livestock or poultry shall be
aooK ~..4 r~L~ ~ 54
empowered to seize such dog solely for the purpose of
examining such dog in order to determine whether it
committed any of the depredations mentioned herein.
Any animal warden or other person who has reason to
believe that any dog is killing livestock, or
committing any of the depredations mentioned in this
section, shall apply to a magistrate of the county,
city or town herein such dog may be, who shall issue a
warrant requiring the owner off,custodian, if known, to
appear before a general district court at a time and
place named therein, at which time evidence shall be
heard. If it shall appear that the dog is a livestock
killer, or teas committed any of the depredations
mentioned in this section, the district court shall
order that the dog be killed immediately by the animal
warden or other officer designated by the court.
Section 3-35. Declaration of rabies
emergencies; disposition of animals suspected as rabid.
When there is sufficient reason to believe that a rabid
animal is at large, the Board of Supervisors shall have
the power to pass an emergency ordinance which shall
become effective immediately upon passage, requiring
owners of all dogs and cats therein to keep the same
confined on their premises unless leashed under
restraint of the owner in such a manner that persons or
animals will not be subject to the danger of being
bitten by the rabid animal. Any such emergency
ordinance shall be operative for a period not to exceed
thirty days unless renewed by the Board of Supervisors.
The Board of Supervisors shall also have the power and
authority to pass ordinances restricting the running at
large of dogs and cats which have not been inoculated
or vaccinated against rabies and to provide penalties
for the violation thereof.
Dogs or cats showing active signs of rabies
or suspected of having rabies shall be confined under
competent observation for such a time as may be
necessary to determine a diagnosis. If confinement is
impossible or impracticable, such dog or cat shall be
euthanized by one of the methods approved by the State
Veterinarian.
Every person having knowledge of the
existence of any animal apparently afflicted with
rabies shall report immediately to the local health
department the existence of such animal, the place
where seen. the owner's name, if known, and the
symptoms suggesting rabies.
Any dog or cat, for which no proof of current
rabies vaccination is available, and which is bitten by
an animal believed to be afflicted with rabies, shall
be confined in a pound, kennel or enclosure approved by
the health department for a period not to exceed six
months at the expense of the owner; however, if this is
not feasible, the dog or cat shall be euthanized by one
of the methods approved by the State Veterinarian. A
rabies vaccinaticn shall be administered prior to
release. An activated rabies vaccine may be
administered at the beginning of confinement. Any dog
or cat so bitten, with proof of a valid rabies
vaccination, shall be revaccinated immediately
following the bite and shall be confined to the
premises of the owner, or other site as may be
approved by the local health department, for a period
of ninety .days.
At the discretion of the director of the
local health department, any animal which has bitten a
person shall be confined under competent observation
for ten days, unless the animal develops active
symptoms of rabies or expires before that time. A
eooK 14 ~racE 55
seriously injured or sick animal may be humanely
euthanized and its head sent to Division of
Consolidated Laboratory Services for the Department of
General Services, or the local health department, for
evaluation.
1
//
Supervisor Turner welcomed William Tuck, Treasurer from
Isle of Wight, England, who he stated was visiting in his
home. Mr. Tuck gave a few remarks.
Supervisor Edwards recognized the Windsor Town Council
members present and County Administrator .Standish stated
they .were scheduled to be on the agenda later during the
meeting.
//
Planning brector Lewis. presented the following
conditional use permit applications for the Board's
consideration:
1. The application of Benns Church Properties, owner,
Donald W. and Carolyn A. Burke, prospective owners,
for a conditional use permit to locate a mobile
home for 36 months while constructing a residence,
on 5 acres of land located on Route 620, in Newport
Magisterial District..
No one appeared in favor or in opposition. The
Planning Commission voted unanimously to recommend approval,
said Mr. Lewis.
[]
Supervisor Bradshaw moved the Board approve the.
application of Benns Church Properties, owner, and .Donald. W.
and Carolyn A. Burke, prospective owners, for a conditions l
use permit to locate a mobile home for 36 months while
constructing a residence on S acres of land located on Route
628, in Newport Magisterial District. The motion passed
with Supervisors Ross, Bradby, Bradshaw and Edwards voting
aye and Supervisor Turner abstained (4-0-1).
2. The application of Alex W. Vargo, Jr. for a
conditional use .permit to extend mobile home approval for 36
additional months while building a residence on 10.173 acres
of land located on Route 258, in Windsor Magisterial
District.
Planning Director Lewis informed the Board members that
the Planning Commission voted unanimously to recommend
approval for a period of 24 months.
No one appeared in favor or in opposition.
On motion of Supervisor Ross,. the Board voted
unanimously to approve the application of Alex W. Vargo,. Jr.
for a conditional use permit to extend his mobile home.
approval for 24 additional months while building a residence
on 10.173 acres of land located on Route 258, in Windsor
Magisterial District..
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3. The application of Hattie Warren for a conditional
use permit to locate a mobile home for Kemper Lee
Jones and Jan Jones, so that they may take care of
her, on 2.12 acres of land located on Route 644 in
Hardy Magisterial District.
No one .appeared in favor or in opposition. The
Planning Commission voted unanimously to recommend approval,
said Mr. Lewis. Mr. Lewis continued stating the mobile home
will be removed from the property when they no longer need
to care for Mrs. Warren.
Book 14 ~ac~ ' S6
Supervisor Ross moved the Board approve the application
of Hattie Warren for a conditional use permit to locate
mobile home for Kemper Lee and Jan Jones, so that they may
take care of her, on 2.12 acres of land located on Route 644
in Hardy Magisterial District. The vote in favor was
unanimous (5-0).
Planning Director Lewis stated the Manx Estates
Subdivision performance bond would 13e set administratively
and no action would be required by the Board.
Planning Director Lewis informed the Board members that
an application for the proposed Courthouse Agricultural
District will be presented. at the April 7, 1988 meeting of
the Board of Supervisors. Mr. Lewis continued stating the
proposed district will consist of 160 parcels totalling
15,540 acres owned by 86 owners. This district will be
nearly double the size of the Longview Agricultural District
of 8,300 plus or minus acres when established in 1979, said
Mr. Lewis.
Mr. Lewis informed the Board members that pursuant to
the County's adoption of the street naming ordinance, the
Planning Commission is moving ahead with its project of
naming the County roads. Mr. Lewis stated the committee for
the Planning Commission has scheduled public meetings for
March 30, 1988 at 2:00 P.M. and 7:00 P.M., in the Board of
Supervisors Room, to further advise the public about the
project and to receive recommendations from the public for
street names for the various County roads and streets. Mr.
Lewis continued stating that following the March 30 meeting,
the committee will prepare a report of recommended street
names for County roads for submission to the Planning
Commission and it is anticipated that the Planning
Commission will conduct a public hearing concerning the
recommended County street names, and following the hearing,
the commission will submit a report covering recommended
street names to the Board of Supervisors.
Mr. Lewis introduced. Mike Doland, Chairman of the
Economic Development Committee, who read the following
update on the Virginia Community Certification Program:
"March 14, 19.88
Board of Supervisors
County of Isle of Wight
Isle of Wight, Virginia 23397
Re: Virginia Community Certification Program
Gentlemen:
On February 12, 1988 the members of Isle of Wight
County's Economic Development Committee met to discuss
our progress toward obtaining certification as an
industry ready locality under the requirements of the
Virginia Community Certification Program. As you are
aware, the County of Isle of Wight did not complete
the standards of the program in the allocated 24 month
time period and consequently was required to "sit out'°
of the program for one year. The County became
eligible to reenter the program as of July 22, 1987.
However, a request for reentry has not been submitted
to the Virginia Department of Economic Development as
of this writing.
It was the pleasure of the committee that, I as
Chairman, make a report to the Board of Supervisors
outlining the Committee's accomplishments, present
status, outlook for completion of the required
standards and. general observations garnered through
participation in the Virginia Community Certification
Program.
8001( ~4 PAGE 57
On June 21, 1984 the Board of Supervisors of Tsle of
Wight County adopted a Resolution of Participation In
The Virginia Community Certification Program offered by
the Virginia Division of Industrial Development and by
so doing, pledged its support of appropriate efforts
within the community to become totatlly prepared for
industrial and related economic development.
On July, 23, 1984 the Isle of Wight County Economic
Development Committee was formed by appointment of 11
citizen volunteers with close ties to their Towns of
Smithfield and Windsor, the Isle of Wight/Smithfield
Chamber of Commerce, the Industrial Development
Authority., the County Planning Commission and the Board
of Supervisors. Subcommittee assignments were
.subsequently made and progress toward satisfactory
completion of the program begun.
The standards required to be met during participation
in the program were divided into seven areas:
I. Local Economic Development Organization.
II. Community Information Requirements
III. Quality of Life Requirements
IV. Local Contact Team Requirements
V. Finance Requirements
VI. Local Existing Industry Program
VII. Site and Building Requirements
With some interruptions the Committee met on a monthly
basis for better than three years. During that time
frame 19 of the 31 designated standards were completed,.
three standards partially completed and preliminary
work commenced on the remaining nine standards. In
order to better position itself to complete its charge,
with .regard to finances and real estate property
control, in May 1985 the Committee requested that its
by-laws and authorization be modified to come under the
umbrella of the Industrial Development Authority. That
request was granted in June 1985.
Among.. the standards completed, several accomplishments
are deserving of note. Specifically the development
and printing of the County's promotional brochure and
community profile fact sheet, as well as the creation
of an active Visitation Team in support of local
existing industries. In a related matter, the
Committee's work provided the foundation with which
Isle of Wight County°s .bid for locating a super
speedway near Windsor was based. The Committee
assisted in the negotiation for and held the options on
the proposed racetracks real estate.
Although successful by many measures, the Committee was
unable to complete the certification program within the
program's allotted two years. Primary among ,those
standards not completed were identification and
subsequent control of qualified industrial sites. The
standards require a minimum of 3 - ten acre sites and 1
- twenty-five acre site all of which must be served by
central water and sewage systems. Potential sites
have been identified but the issues of water and sewer
require commitments of capital beyond the scope of the
Committee's resoures.
Several uncompleted standards are related directly and
indirectly to the successful attainment of qualified
industrial sites. Accordingly, the Committee has
chosen not to reenter the Virginia Community
Certification Program until successful completion of
all the required. standards is realistically obtainable.
To this end, the Committee makes the following
recommendations:
cook 14~~~c~ 58
I. The County should formulate and adopt both short
range and long range plans for the installation
of central water and sewer in sections of the
County.
II. The County should designate an Economic
Development Director with sufficient staff and
budget to carry out the documentary requirements
of the Certification Program and to actively
participate in economic development plans prior
to certification.
III. The existing Industrial Development Authority
should receive the full support of the Board,
including sufficient funding for day to day
operations.
Your recognition of the efforts expended by all the
Committee members on the County's behalf is solicited
with hopes that reentry into the Virginia Community
Certification Program ill be feasible in the. very near
future.
With kindest regards,
s/Michael C. Doland
Isle of Wight County Economic Development Committee1°
Supervisor Edwards moved the Board direct County
Administrator Standish to develop a report on the County°s
current status concerning the Economic Development
Committee's progress toward obtaining certification as an
industry ready locality under the requirements of the
Virginia Community Certification Program. The vote in favor
was unanimous (5-0).
//
On motion of Supervisor Edwards, the Board voted
unanimously (5-0) to adopt a resolution designating the
Department of Public Welfare as the Department of Social
Services and the Welfare Board as the Social Services Board.
RESOLUTION
WHEREAS, Section 63.1-38.1 of the Code of Virginia
authorizes the governing body of each county or city to
designate its department of public welfare as the
department of social services and its board of public
welfare as the board of social services; and
WHEREAS, for some time, the Department of Public
Welfare of the County of Isle of Wight has been using
the designation the Department of Social Services for
the County of Isle of Wight; .and
WHEREAS, the Board of Supervisors of Isle of Wight
County, Virginia, deems it appropriate to designate the
Department of Public Welfare of the County of .Isle of
Wight as the Department of Social Services of the
County of Isle of. Wight and as the Board of Public
' Welfare of the County of Isle of Wight as the Board of
Social Services of the County of Isle of Wight so as to
avoid confusion in the future as to•the correct name of
said Department and said Board.
NOW, THEREFORE, be it and it is hereby resolved by
the Board of Supervisors of Isle of Wight County,.
Virginia, that pursuant to Section 63.1-38.1 of the
Code of Virginia the Department of Public Welfare of
the County of Isle of Wight, Virginia, is hereby
designated the Department of Social Services of the
.. ~w
aooK 14 ~~~f 59
County of Isle of Wight, Virginia, and the Board of
Public Welfare of the County of Isle of Wight,
Virginia, is hereby designated the Board of Social
Services of .the. County of Isle of Wight, Virginia.
And the Clerk of this Board is hereby directed to
forward an attested copy of this resolution to the
Superintendent of the Department of Social Services of
the County of Isle of Wight, Virginia, and the Chairman
of the Board of Social Services of the County of Isle
of Wight, Virginia.
County Attorney Crook stated he had some items for
executive session later during the meeting.
//
County Administrator Standish informed the Board
members that the Windsor Town Council representatives were
present to discuss the development of the sewage system in
the Town of Windsor. .
Bobby Claud, Vice Mayor of Windsor appeared on behalf
of the Council and in the absence of Mayor M. H. Robinson.
Mr. Claud read the following resolution adopted by the Town
of Windsor at their March 8th. meeting regarding the
development of the sewage system for the Town of Windsor.
RESOLUTION
.WHEREAS, the Town of Windsor and surrounding areas
of Isle of Wight County are not served by a public
sewage disposal and treatment system, and natural
conditions are such that the availability of suitable
land for residential, commercial and industrial
development in and around the Town of Windsor is
limited; and
WHEREAS, the Town of Windsor and surrounding areas
of Isle of Wight County, by virtue of available
transportation means, are uniquely suited for
industrial and commercial, as well as residential
development, which will greatly broaden the. tax base
for the: town and the county; and
WHEREAS, the Town of Windsor has for the most part
fully developed its available tax base and the need
exists for further economic development, which can only
be undertaken with the availability of public sewage
treatment facilities; and
WHEREAS, there exists a need to maintain and
enhance growth which is balanced between residential
and commercial/industrial development; and,
D
WHEREAS, there exists a need for public sewage
treatment facilities for. the existing developed
properties in the Town of Windsor; and,
WHEREAS, Isle of Wight County has obtained a study
of the feasibility of a public sewage treatment system
in the area. of the Town of Windsor and has obtained a
preliminary general plan for the development of the
same:
NOW, THEREFORE, BE IT RESOLVED by the Town Council
of the Town of Windsor that the Isle of Wight County
Board of Supervisors is urged to proceed as soon as
possible with further study and development of a plan
for construction of a public sewage treatment facility
in or near the Town of Windsor in order to not only
facilitate economic development in and around the town,
but also to serve the current needs of the citizens of
the Town of Windsor for improved sewage disposal and
aoaK 14. Fa~~~ 60
treatment.
Following discussion, Supervisor Turner moved the Board
instruct County Administrator Standish to incorporate the
sewer studies and recommend a revision to upgrade same for
the best interests of all involved areas. The motion
carried unanimously (5-0).
On motion of Super•~isor Ross, the Board voted
unanimously (5-0) to approve the budget transfer request of
the Animal Control Department to transfer $10,000 from
3501-1001 to 3501-7005, 3501-5410, 3501-5402, 3501-1003 and
3501-3007.
Supervisor Ross moved the Board approve the request of
Alan S. Nogiec, Director, Recreational-Facilities Authority,
to adjust their capital improvements budget, in the amount
of $2,919, to repair the senior services building and the
Isle of Wight Museum in Smithfield. The vote in favor was
unanimous (5-0).
On motion of .Supervisor Ross, the Board voted
unanimously (5-0) to approve the budget transfer request to
transfer $5,755 from Contingency Fund to the Clerk of the
Circuit Court's budget to defray cost of new furnishings and
furniture consisting of data processing desks and chairs, as
well as the change order.
County Administrator Standish informed the Board
members that the Virginia Department of Transportation will
conduct the Suffolk District preallocation hearing far
Interstate, primary and Urban Systems Highway projects on
March 30, 1988 at the Suffolk District Office. Mr. Standish
continued stating this hearing is for the purpose of
obtaining comments from members of the General Assembly,
local governments, organizations and citizens on the
distribution of Interstate, Primary and Urban Construction
funds and the hearing will further .assist the Highway
Department in its updating of the Six Year Improvement
Program.
Supervisor Ross moved the Board adopt the following
resolution. The vote in favor was unanimous (5-0).
RESOLUTION ESTABLISHING THE RECOMMENDATIONS OF THE
BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA
FOR .THE 1988 VIRGINIA DEPARTMENT OF TRANSPORTATION
PRE-ALLOCATION HEARING
WHEREAS, the Virginia Department of Transportation
will conduct a pre-allocation hearing for interstate,
primary and urban system projects for the Suffolk
District on March 30, 1988; and
WHEREAS, the Board of Supervisors of Isle of Wight
County expresses its appreciation to the Virginia
Department of Transportation for the opportunity to
articulate transportation improvement priorities
within the County; and
WHEREAS, Isle of Wight County wishes to make
specific recommendations for transportation improvement
projects to be listed on-the proposed Six Year
Improvement Program.
NOW, THEREFORE, BE IT RESOLVED, by the Board of
Supervisors of Isle of Wight County that the following
projects are. considered transportation improvement
priorities in the County:
1. Construction of parallel bridge span and
approaches Route 17 crossing over Chuckatuck
Creek.
e~
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BaQK 14 PAGE 61
2. Franklin by-pass.
3. Route 460 improvements within the Town of
Windsor.
BE IT FURTHER RESOLVED, that the Board of
Supervisors direct the County Administrator to forward
a copy of this resolution to the Virginia Department of
Transportation for inclusion in the record of the 1988
pre-allacation hearing and for adoption in the Six Year
Improvement Program for the Commonwealth of Virginia.
Supervisor Edwards moved. the Board adopt the following
resolution requesting the Department of Transportation to
expedite replacement of the Route l0 crossing of the Pagan
Creek in the Town of Smithfield and consider the
construction of a parallel bridge structure. The motion
passed by unanimous vote of the Board (5-0).
RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF
TRANSPORTATION TO EXPEDITE REPLACEMENT OF THE ROUTE 10
CROSSING OF THE PAGAN CREEK IN THE TOWN OF SMITHFIELD
AND CONSIDER THE CONSTRUCTION OF A PARALLEL BRIDGE
STRUCTURE
..WHEREAS, the Virginia Department of Transportation
is considering replacement of the existing Route 10
bridge crossing of the Pagan Creek in the Town of
Smithfield; and
1
WHEREAS, the alternatives considered for such
efforts have been limited to either full closure of the
crossing, or maintaining one lane for crossing traffic;
and
WHEREAS, complete closure or limiting traffic to
one lane will have a negative impact on traffic
circulation and the economic viability of existing
industrial and commercial activities on both the north
and south sides of the creek; and
WHEREAS, a third. alternative should be considered
to include the construction of a parallel bridge
crossing, which would accomplish both the maintenance
of traffic circulation and the replacement of the
bridge structure.
NOW., .THEREFORE, BE IT RESOLVED by the Board of
Supervisors of Isle of Wight County that the Virginia
Department of Transportation is requested to expedite a
replacement of the bridge or the Route 10 crossing of
Pagan Creek in the Town of Smithfield and to further
evaluate and favorably consider the construction of a
parallel bridge structure and related approaches over
the Pagan Creek at said site.
1
BE IT FURTHER RESOLVED that the County
Administrator is directed to forward a copy of
this resolution to the Virginia Department of
Transportation for inclusion in the record of the March
23, 1988. public hearing on this matter, and that copies
be forwarded to the County's legislative delegates.
County Administrator Standish stated he had some items
to be discussed in executive session later during the
meeting.
//
On motion of Supervisor Edwards, the Board voted
unanimously (5-0) to create a Task Force Committee, to
include a Social Services Department representative, W.
Douglas Casket', Community Development Director and an
800K ~~ 'rbG~ 6 ~~
appointee from each election district, to help develop a
plan relative to establishing foster homes in the County and
adoption of children.
//
On motion of Supervisor Turner,. the Board voted
unanimously. (5-0) to approve the General Fund Bill Register,
as well as the supplemental check l,~st.
//
Supervisor .Turner moved the Board approve the minutes
February 18, 1988 Board of Supervisors meeting as corrected.
The vote in favor was unanimous (5-0).
//
David Hardy, county citizen, asked the Board members if
the County has an adoption board, to which Supervisor
Edwards replied, "I do not think so, runs through the Social
Services Department". Mr. Hardy stated he feels there
should be an adoption agency board.
//
Supervisor Turner moved the Board go into executive
session for the purpose of discussing with legal counsel and
staff members intergovernmental negotiations. The motion
carried unanimously (5-0). The Board went into executive
session at 8:09 P.M. and returned to open session at 8:50
P.M.
//
County Administrator Standish recommended the Board
approve the proposed utilities agreement between the Town of
Smithfield and the County. Supervisor Turner moved the
Board approve the agreement, as written, between the Town of
Smithfield and the County. The motion passed with
Supervisors Turner, Edwards and Ross voting aye,
Supervisors Bradby voting nay and Supervisor Bradshaw
abstaining (3-1-1).
UTILITIES AGREEMENT
THIS AGREEMENT, dated the 1st day of March, 19$8,
between the Board of Supervisors of Isle of Wight
County, hereinafter "County"; and the Town of
Smithfield, a Virginia municipal corporation situate in
Isle of Wight County, hereinafter "Town":
WHEREAS, the County and the Town recognize growing
economic pressures for commercial, industrial and
residential development of land in the northern end of
Isle of Wight County at or near the Town of Smithfield,
and further recognize the demand and need for public
utility services in those areas not presently served;
and,
WHEREAS, the Town owns and operates a municipal
water and sewer system with the present capacity to
serve areas in the County lying outside the. Town limits
and the ability to expand present capacities to serve
future developed areas; and,
WHEREAS, the County and the Town recognize
legitimate interests on the part of each with regard to
ownership and operation of public utilities outside the
Town limits, to the end that this Agreement reflects
negotiated compromises which tend to best serve the
mutual interests of the County and the Town:
NOW, THEREFORE, in consideration of the mutual
BDDY ~4 PAGE U~J
promises and covenants contained herein, it is agreed:
ARTICLE I
Water Systems
[]
1. The County shall own and operate all public
water facilities and systems in the County lying
outside the Town of Smithfield. Water shall be supplied
to the County: by the Town through a master meter, and
the Town shall charge the County at a rate equivalent
to the rate charged to regular customers within the
Town. For each equivalent residential connection in
the County supplied under this arrangement, the County
shall pay: to the Town an amount equal to 808 of the
connection fee charged by the Town to customers in the
Town.
2. The County shall report all connections to the
Town within 60 days and pay at the same time.
3. The Town will make reasonable, good faith
efforts to expand water system permit limitations to
accommodate anticipated requests for additional service
outside Town limits. The Town shall be required to
furnish water only within permit limitations set by
state agencies.
4. .Water service will only be extended outside
the Town at the specific request of the County.
5. The Town shall not be required to bear the
cost of water source and storage expansion necessary to
meet service needs outside the Town. The Town
represents that it has an excess capacity of 123,000
gallons per day (water supply permit capacity over
average daily water useage), available to the County at
this time. The Town shall keep the county informed of
all plans to expand its water source and storage
capacity.
ARTICLE II
Sewer Systems
1. The Town may own and operate extensions of the
Town's sewer system in the County, and shall charge to
individual customers a user rate of no more than 1258
of the rate charged within the Town for identical
customers. The Town may assess and collect impact fees
and connection charges from developers and/or
individual customers, but the Town shall not assess or
collect such charges or fees from customers in the
County at any rate unreasonably higher than it would
under similar circumstances within the Town.
2. The Town may use water meters provided by the
County in order to assess and collect user charges.
3. The Town will make reasonable, good faith efforts
to expand sewer system permit limitations to
accommodate anticipated requests for additional service
outside Town limits. The Town shall be required to
furnish sewer. service only within permit limitations
set by state agencies.
4. Sewer service will only be extended outside the
Town at the specific request of the County.
5. The Town shall not be required to bear the cost of
sewer system expansion necessary to meet service needs
outside the Town.
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. eae~ 14. ~AC~ 64
ARTICLE III
Rates and Fees
As of March 1, 1988, the user rates and connection fees
charged by the Town to its customers are as follows:
Water:
In-town: $14..00 for minimum 8,000 gallons; $1.20 per
1,000 gallons or each fraction over 8,000.
Out-of-town: $17.00 minimum 8,000 gallons; $1.50 per
1,000 gallons or each fraction over 8,000.
Connection fee: $500.00.
Sewer:
In-town: $14.00 for minimum 8,000 gallons; $1.20 per
1,000 gallons or each fraction over 8,000.
Out-of-town: $17.00 for minimum 8,000 gallons; $1.50
per 1,000 gallons or each fraction over 8,000.
Connection fee: $1,500.00
Water and sewer user fees are billed bi-monthly.
Connection fees are paid upon issuance of zoning permit
by Town Zoning Administrator.
ARTICLE IV
•
City Status
The Town agrees that it shall not become a city for a
period of not less than twenty years from the date of
this Agreement.
WITNESS the following signatures, the County
Administrator and Town Manager executing this Agreement
on behalf of the Board of Supervisors of Tsle of Wight
County and the Town of Smithfield, respectively,
pursuant to resolutions duly adopted by the Board of
Supervisors of Isle of Wight County and the Town of
Smithfield.
//
On motion of Supervisor Bradshaw, the Board voted
unanimously (5-~) to instruct County Attorney Crook to
prepare a resolution of gratitude for George F. Walls,
former Chairman of the Planning Commission,' for his
services.
//
At 8:55 P.M. Supervisor Ross moved the meeting be
adjourned, which passed by unanimous (5-0) vote of the
Board.
s
my H. Bradby, Chairma
~'
CAS
Myles E Standish, Clerk