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06-20-2013 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTHIETH DAY OF JUNE IN THE YEAR TWO THOUSAND AND THIRTEEN AT 5:00 P.M. IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE PRESENT: JoAnn W. Hall, Chairman, Hardy District Byron B. Bailey, Newport District Rex W. Alphin, Carrsville District Delores M. Darden, Windsor District Alan E. Casteen, Smithfield District Also Attending: Mark C. Popovich, County Attorney W. Douglas Caskey, County Administrator Carey Mills Storm, Clerk CALL TO ORDER/INVOCATION /PLEDGE OF ALLEGIANCE At 5:00 p.m., the meeting was called to order by Chairman Hall. Supervisor Casteen offered the invocation and the Pledge of Allegiance to the Flag. APPROVAL OF THE AGENDA County Attorney Popovich requested the following items be added to the agenda: Under the County Attorney's report, add six (6) additional closed meeting items for a total of eleven (11) items and authorization of a refund in an amount over $2,500; under the County Administrator's report, add a discussion regarding the Chamber of Commerce budget; and, under New Business, add consideration of a waiver request for HRSD fees. Supervisor Casteen moved that the agenda be adopted as revised. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Bailey, Darden, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. SPECIAL PRESENTATIONS /APPEARANCES Animal Control staff presented a male lab available for adoption at the shelter. Mrs. Laura Abel, Assistant Superintendent, Isle of Wight County Schools, presented a review of the school year. An Entrepreneur of the Year award was presented to Mr. Travis Latimer, Travis Auto Repair. CONSENT AGENDA A. Resolution to Authorize the Enrollment of Designated Emergency 1 Services Staff in the local Enforcement Officers Retirement Benefits Plan B. Resolution to Appropriate Funds from the Unassigned Fund Balance to Support Part-time Salaries at the Carrollton Volunteer Fire Department C. Resolution to Accept and Appropriate Funds from the Virginia Department of Emergency Management (VDEM) D. Resolution to Accept and Appropriate Funding from the Governor's Opportunity Fund ($200,000) E. Resolution to Accept and Appropriate Funding from the Governor's Opportunity Fund ($350,000) F. Resolution of the Board of Supervisors of Isle of Wight County Virginia Requesting Acceptance of Certain Roads in Founder's Pointe Subdivision, Phase 2, Section 2D -2, into the Secondary System of State Highway G. Resolution of the Board of Supervisors of Isle of Wight County Requesting the Virginia Department of Transportation to Improve the Intersection of Courthouse Highway (Route 258) and Scott's Factory/Four Square Road (Route 620) H. Grant Opportunity for Additional Stormwater Program Development I. Fiscal Year 2012 -13 Monthly Financial Reports for County and Schools J. Statement of Treasurer's Accountability K. Monthly Report: Delinquent Tax Information L. The exception request of Ryan Homes, applicant, and Eagle Harbor Homeowners Association, owner, to request an exception to the size and height requirements of Section 9- 10043 of the Zoning Ordinance to allow for temporary construction site signs for Ryan Homes in the Newport Election District. M. The exception request of Bay Bridge Properties, LLC, applicant, and John Bridgforth, owner, to request an exception to Section 6- 2010.A.4 of the Zoning Ordinance to change the color of the Bojangles awnings from an aged copper color to a burnt orange color at 13549 Carrollton Boulevard in the Newport Election District. N. Community Development Block Grant (CDBG) Comprehensive Community Development Projects —Use of Program Income Funds O. Planning Commission 2012 Annual Report Supervisor Alphin moved that the Consent Agenda be adopted as presented. 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. REGIONAL REPORTS Supervisor Darden reported that rising sea levels were reported to be a threat to the City of Virginia Beach at the most recent meeting of the Hampton Roads Planning District Commission. She advised that hurricane season preparedness was also discussed by the Commission, in addition to recycling matters. Supervisor Darden reported that the Transportation Planning Organization (TPO) discussed that $2.7 billion in new monies are projected over the next six (6) years and that the Hampton Roads region is anticipated to receive 27% of that amount under the new Transportation Bill. She further reported that the TPO had adopted a resolution pertaining to the I -64 corridor widening from Newport News to Williamsburg. She advised that a resolution was adopted in regards to transportation funding for the Third Crossing and that a congested tolling study is also underway. Supervisor Bailey reported that the Western Tidewater Regional Jail Board had discussed its capacity, which is at currently at 66 %. He advised that 86% of the Jail's budget has been used. He reported that the City of Suffolk has the most inmates at 36% and Isle of Wight at 7 %. He added that medical contractors are being considered to assist with the high cost of medical bills for certain inmates. He stated leasing of the property on Godwin Boulevard has not been successful and the Jail will provide a local disability program for its Jail's officers. Supervisor Casteen reported that on routine business matters were discussed at the most recently Social Services Board meeting. Supervisor Alphin reported that funding for the Southampton Roads Resource Development Council is no longer available. Chairman Hall reported that the Hampton Roads Partnership is being dissolved and this group is being transitioned to a Hampton Roads roundtable. Chairman Hall advised that transportation issues were discussed at the most recent meeting of the Southside Mayors and Chairs. Chairman Hall reported that she had been elected Vice Chairman of the Western Tidewater Regional Jail Board. 3 TRANSPORTATION MATTER An update on various VDOT projects and maintenance was provided by Joe Lomax, VDOT. Responsive to staff's advisement that Alternative 2 is recommended for the Nike Park Segment 2 of the Park -to -Park Trail, Supervisor Alphin moved that staff be authorized to proceed with Alternative 2 for the terminus of Segment 2 at Nike Park. 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. Ms. Oliver reported that the five (5) rural rustic paving projects that were put to bid this year are anticipated to be complete in the next 30 -45 days. CITIZENS COMMENTS Joe Puglisi addressed the Board regarding Isle of Wight County policy violations with respect to recent emails distributed by Supervisor Bailey. He recommended that Supervisor Bailey resign from his position on the Board. Neal Johnson requested that Supervisor Casteen respond to various past emails regarding different issues. Lucy Wayno asked the Board to give consideration to Supervisor Bailey remaining on the Board. Rosa Turner, on behalf of the Rushmere Community Development Corporation (RCDC), requested the Board favorable consideration of the request under the Parks and Recreation report. Michael Uzzell requested the Board to respond to his previous written communication regarding various issues. Gordon Hostettler advised that he would wait to hear the report under Transportation Matters concerning O'Meara Drive. Ms. Dale Harrison spoke on behalf of Supervisor Bailey's character and his remaining on the Board. Ms. Kelley Platz spoke on behalf of Supervisor Bailey's character and his remaining on the Board. Janet Platz spoke on behalf of Supervisor Bailey's character and his remaining on the Board. Ms. Cordease Berryman spoke on behalf of Supervisor Bailey's character and his remaining on the Board. 4 BOARD COMMENTS Supervisor Bailey thanked those who spoke on his behalf under Citizens Comments. COUNTY ATTORNEY REPORT County Attorney Popovich presented a proposed Proffer Amendment for The Crossings Subdivision which proposes to make revisions to the regional pump station to be located in the development which will serve the development and an additional service area. He advised that staff recommends the Board dispense with the public hearing requirements and accept the amendment to the proffers at this time. Supervisor Bailey moved to dispense with the public hearing requirements pursuant to Section 1- 1016(E) of the County Zoning Ordinance and approve the proposed proffer amendment. 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. Regarding the request by the Eagle Harbor Homeowners Association, County Attorney Popovich advised that the Association desires to postpone its request until questions from staff to VDOT can be addressed and financial and enforcement questions can be answered. He advised that the matter will be returned to the Board for its consideration at its July 18, 2013 meeting. County Attorney Popovich requested authorization to advertise for public hearing a proposed revision to Permit Fees for Construction, Repair or Alteration of Buildings or Structures. Supervisor Darden moved to authorize the County Attorney's office to advertise the matter for public hearing at the Board's July 18, 2013 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 an amendment to the agreement with the Virginia Department of Health. Supervisor Alphin moved to authorize the Chairman 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 advised that he would be returning a non - binding resolution relative to the Southeastern Public Service Authority to the Board for its consideration at its July 18, 2013 meeting. 5 County Attorney Popovich presented a request for authorization of a refund in the amount of $2,679.30. Supervisor Bailey moved that the County Attorney be authorized to effectuate the refund. 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 eleven (11) matters for discussion later in the meeting during the closed meeting. PARKS AND RECREATION REPORT Mark W. Furlo, Director of Parks and Recreation, presented a request from the Rushmere Community Development Corporation (RCDC) with respect to guidelines for a private /public partnership at Tyler's Beach. Chairman Hall moved that the matter be tabled until the Board has had an opportunity to work out certain details with the Director of Parks and Recreation. 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. GENERAL SERVICES REPORT Frank A. Haltom, Assistant Director of General Services, presented a Resolution to Reallocate Funds from the Future Water Source Project to the Water Tower Maintenance Project for the Board's consideration. Supervisor Casteen moved that the following Resolution be adopted: RESOLUTION TO REALLOCATE FUNDS FROM THE FUTURE WATER SOURCE PROJECT TO THE WATER TOWER MAINTENANCE PROJECT WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia, has appropriated $2,805,000 of FY 2013 Capital Funds for the Future Water Source Project; and, WHEREAS, the Future Water Source Project has sufficient unobligated and unexpended funds to reallocate to additional projects; and, WHEREAS, the County FY 2013 Capital Improvement Plan (CIP) included $35,000 for Water Tower Maintenance; NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Isle of Wight, Virginia, that thirty -five thousand dollars ($35,000) be reallocated from the Future Water Source Project to the Water Tower Maintenance Project. R BE IT FURTHER RESOLVED, that the County Administrator of Isle of Wight County, Virginia, be hereby authorized to make the appropriate accounting adjustments in the budget and do all things necessary to give this resolution effect. BE IT FURTHER RESOLVED, that the County Administrator of Isle of Wight County, Virginia, is hereby authorized to proceed with hiring necessary and appropriate professional and construction services in furtherance of the execution of this project in accordance with the Virginia Public Procurement Act and County policy and is authorized to execute any and all necessary agreements and contracts for such services upon review and approval of the County Attorney. Supervisor Darden moved that the following Resolution be adopted: RESOLUTION TO REALLOCATE FUNDS FROM THE FUTURE WATER SOURCE PROJECT FOR THE PURCHASE OF A MINI EXCAVATOR WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia, has appropriated $2,805,000 of FY 2013 Capital Funds for the Future Water Source Project; and, WHEREAS, the Future Water Source Project has sufficient unobligated and unexpended funds to reallocate to additional projects; and, WHEREAS, the County FY 2013 Capital Improvement Plan (CIP) included $75,000 for purchase of a Mini Excavator; NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Isle of Wight, Virginia, that seventy -five thousand dollars ($75,000) be reallocated from the Future Water Source Project toward the purchase of a Mini Excavator. BE IT FURTHER RESOLVED, that the County Administrator of Isle of Wight County, Virginia, be hereby authorized to make the appropriate accounting adjustments in the budget and do all things necessary to give this resolution effect. BE IT FURTHER RESOLVED, that the County Administrator of Isle of Wight County, Virginia, is hereby authorized to execute any and all necessary agreements and contracts in accordance with the Virginia Public Procurement Act and County policy for the purchase of the Mini Excavator upon review and approval of the County Attorney. 7 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. Haltom requested authorization to fill three (3) Stormwater Management Program positions which are included in the FY2014 Operating Budget. Supervisor Alphin moved to authorize the Department of Human Resources to advertise and fill the Stormwater Management Program positions after July 19 2013. 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. ECONOMIC DEVELOPMENT REPORT Ms. Perry presented a Resolution of the Board of Supervisors of Isle of Wight County, Virginia to Request the Signalization of the Intersection of Route 460 (Windsor Boulevard) and Route 607 (Old Mill Road) in Isle of Wight County by the Virginia Department of Transportation for the Board's consideration. Supervisor Darden moved that the following Resolution be adopted: RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA TO REQUEST THE SIGNALIZATION OF THE INTERSECTION OF ROUTE 460 (WINDSOR BOULEVARD) AND ROUTE 607 (OLD MILL ROAD) IN ISLE OF WIGHT COUNTY BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION WHEREAS, in May 2013, Green Mountain Coffee Roasters performed a traffic signal warrant analysis (the study) on behalf of the County that supports the installation of a traffic signal at the intersection of Route 460 (Windsor Boulevard) and Route 607 (Old Mill Road); and WHEREAS, the County has determined that a traffic signal would be warranted at this intersection based on projected peak hour traffic volume and a traffic signal at this intersection would encourage the future development of the Shirley T. Holland Intermodal Park (the Park) by facilitating access to the Park and thereby increasing potential employment and commercial tax revenues; and WHEREAS, a traffic signal at this intersection would improve safety at this location by reducing potential traffic conflicts through the controlled movement of goods and people through this intersection and thereby easing concerns of the local community regarding future growth in the Park; and WHEREAS, installation of a traffic signal at this intersection would further execute the Governor's commitment to create jobs and ensure the continued success of local business, the Ports of Virginia, and the State's economy by facilitating the efficient growth of the Park; and NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors to authorize the County Administrator to submit an application to the Virginia Department of Transportation for the installation of a traffic signal at the intersection of Route 460 (Windsor Boulevard) with Route 607 (Old Mill Road) and to negotiate and submit on the County's behalf any additional applications, waiver requests, and state -local agreements. 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 ADMINISTRATOR'S REPORT Donald T. Robertson, Director of Information Resources and Legislative Affairs, and Michael W. Terry, Director of Budget and Finance, informed the Board regarding Standard & Poor's upgrade of the County's bonding rating from AA- to AA. Mr. Robertson apprised the Board about the implementation of an automated attendant system for the County's switchboard, intended to address the need for short-term backup staffing. %/ The Board took a break and returned to open meeting at 7:00 p.m. PUBLIC HEARINGS Chairman Hall called for a public hearing on the proposed FY2013 -14 Capital Budget. Chairman Hall called for person to speak in favor or in opposition to the FY2013 -14 Capital Budget. No one appeared and spoke. Chairman Hall closed the public hearing and advised that the Board will take action on the proposed Budget at its July meeting. Chairman Hall called for a public hearing on the following: Ordinance to Implement Personal Property Tax Relief in Isle of Wight County, Virginia, for Calendar Year 2013 Chairman Hall called for persons to speak in favor of or in opposition to the proposed Ordinance. 9 No one appeared and spoke. Chairman Hall closed the public hearing and called for comments by the Board. Supervisor Casteen moved that the following Ordinance be adopted: AN ORDINANCE TO IMPLEMENT PERSONAL PROPERTY TAX RELIEF IN ISLE OF WIGHT COUNTY, VIRGINIA, FOR CALENDAR YEAR 2013 BE IT, AND IT IS HEREBY ORDAINED, by the Board of Supervisors of the County of Isle of Wight, Virginia, to -wit: That, in accordance with the Personal Property Tax Relief Act, as adopted by the Virginia General Assembly, the car tax relief for Calendar Year 2013 shall be set at fifty percent (50 %) for vehicles over $1,000.00 in value on the first $20,000.00 in value and for vehicles valued at $1,000.00, or under, the percentage of relief shall be one hundred percent (100 %). 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 Hall called for a public hearing on the following: Ordinance to Impose Tax Rates for Isle of Wight County, Virginia, for Fiscal Year July 1, 2013 through July 1, 2014 Chairman Hall called for persons to speak in favor or in opposition to the proposed Ordinance. No one appeared and spoke. Chairman Hall closed the public hearing and called for comments from the Board. Supervisor Alphin moved that the following Ordinance be adopted: AN ORDINANCE TO IMPOSE TAX RATES FOR ISLE OF WIGHT COUNTY, VIRGINIA FOR FISCAL YEAR JULY 15 2013 THROUGH JUNE 303 2014 ADOPTED THIS 201" DAY OF JUNE, 2013 BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of the County of Isle of Wight, Virginia, to -wit: 10 That there is hereby levied for the fiscal year beginning July 1, 2013, a tax of $0.73 per one hundred dollars of assessed valuation on all taxable real estate, and all real and personal property of public service corporations in accordance with Section 58.1 -2606 of the Code of Virginia (1950, as amended); and (1) That there is hereby levied for the fiscal year beginning July 1, 2013, a tax of $0.70 per one hundred dollars of assessed valuation on machinery and tools used in businesses as defined in Section 58.1 -3507 of the Code of Virginia (1950, as amended); and (2)That there is hereby levied for the fiscal year beginning July 1, 2013, a tax of $1.00 per one hundred dollars of assessed valuation of boats, watercraft and aircraft as defined in Section 58.1 -3606 of the Code of Virginia (1950, as amended); and (3) That there is hereby levied for the fiscal year beginning July 1, 2013, a tax of $4.50 per one hundred dollars of assessed valuation on all tangible personal property, as defined and classified in Sections 58.1 -3500 through 3504 and Section 58.1 -3506 of the Code of Virginia (1950, as amended) except that all household goods and personal effects as defined and classified in Section 58.1 -3504 are exempt from said levy; and (4)That there is hereby levied for the fiscal year beginning July 1, 2013, a tax of $0.32 per one hundred dollars of assessed valuation on watercraft, including vessels and ships, weighing five tons or more, excluding privately owned pleasure boats and watercraft used for recreational purposes only; and (5)That there is hereby levied for the fiscal year beginning July 1, 2013, a tax of one -half (1/2) of one percent (1%) of the gross receipts on telephone and telegraph companies, water companies, heat, light and power companies, except electric suppliers, gas utilities and gas suppliers as defined in Section 58.1 -400.2 of the Code of Virginia (1950, as amended) and pipeline distribution companies as defined in Section 58.1 -2600 of said Code, accruing from sales to the ultimate consumer in the County of Isle of Wight, Virginia, pursuant to Section 58.1 -3731 of the Code of Virginia (1950, as amended), however, in the case of telephone companies, charges for long distance telephone calls shall not be included in gross receipts for purposes of license taxation. BE IT FURTHER ORDAINED: That this Ordinance be entered in the Minutes of this Board of Supervisors and that a copy thereof by the Clerk of this Board, be furnished to the Treasurer of this County. 11 The motion was adopted by a vote of (4 -1) with Supervisors Darden, Bailey, Hall and Alphin voting in favor of the motion and Supervisor Casteen voting against the motion. Chairman Hall called for a public hearing on the following: Appropriations Ordinance pertaining to the Budget of Isle of Wight County, Virginia, for Fiscal Year July 1, 2013 through June 30, 2014 Chairman Hall called for persons to speak in favor of or in opposition to the proposed Ordinance. No one appeared and spoke. Chairman Hall closed the public hearing and called for comments by the Board. Supervisor Alphin moved that the following Ordinance be adopted: AN APPROPRIATION ORDINANCE PERTAINING TO THE BUDGET OF ISLE OF WIGHT COUNTY, VIRGINIA FOR FISCAL YEAR JULY 1, 2013 THROUGH JUNE 3012014 ADOPTED THE 20th DAY OF JUNE, 2013 BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of the County of Isle of Wight, Virginia, to -wit: (a) By motion at its May 23, 2013 meeting, the Board approved a budget for fiscal year 2013 - 2014 in the sum of $96,312,616.00; (b) That categorical appropriations are hereby made on an annual basis for fiscal year beginning July 1, 2013, through June 30, 2014, for separate items, categories, functions and purposes in the budget adopted by the Board of Supervisors on the 23rd day of May, 2013, in a total amount of $55,000,378.00, which are hereby appropriated to the Isle of Wight County School Board to be expended based on the nine (9) educational categories in the following amounts: Educational Category FY 2013 -14 Instruction $40,964,620.00 Admin., Attendance and Health $ 253001,151.00 Pupil Transportation $ 3,315,044.00 Operations and Maintenance $ 45438,402.00 School Food Service & Other $ 2,378,628.00 NonInstruct. Facilities $ 0.00 Debt and Fund Transfers $ 0.00 12 Technology $ 1,603,533.00 Contingency Reserve $ 0.00 (c) That all proceeds received for the fiscal year beginning July 1, 2013 from the County general tax rate levies, from other local revenue, from Federal and State funds and supplements and from all other funds and sources for general County functions and purposes, 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; (d) 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 fund 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 funds available for such purpose. (e) That all unexpended funds shall revert to the General Revenue Fund at the end of the current fiscal in accordance with Section 22.1 -100 of the Code of Virginia (1950, as amended) unless otherwise carried over by action of the Board of Supervisors. (f) That the Treasurer of Isle of Wight County is hereby authorized and directed to transfer to the indicated appropriate "fiends" 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. (g) 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. (h) That this Ordinance 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 (4 -1) with Supervisors Darden, Bailey, Hall and Alphin voting in favor of the motion and Supervisor Casteen voting against the motion. 13 Chairman Hall called for a public hearing on the following: Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 15. Taxation. Article II. Real Estate Taxes. Section 15 -6 -2. Biennial General Reassessments of Real Estate Chairman Hall called for persons to speak in favor or in opposition to the proposed Ordinance. Gerald H. Gwaltney, Commissioner of Revenue, spoke against the proposed Ordinance stating that delaying the reassessment is unfair and he urged the Board to vote against the proposed Ordinance. Chairman Hall closed the public hearing and called for comments from the Board. Supervisor Casteen moved that the following Ordinance be adopted: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 15. TAXATION. ARTICLE II. REAL ESTATE TAXES. SECTION 15 -6.2. BIENNIAL GENERAL REASSESSMENTS OF REAL ESTATE WHEREAS, on April 17, 2004, the Isle of Wight County Board of Supervisors enacted Section 15 -6.2 of Chapter 15, Taxation, to the Isle of Wight County Code which allowed for the biennial general reassessment of real estate in Isle of Wight County in accordance with Section 58.1 -3253 of the Code of Virginia (1950, as amended); and WHEREAS, the Isle of Wight County Board of Supervisors now wishes to revert back to the standard four (4) year reassessment period as set forth in Section 58.1 -3252 of the Code of Virginia (1950, as amended). NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 15. Taxation. Article II. Real Estate Taxes. Section 15 -6.2. Biennial general reassessments of real estate. of the Isle of Wight County Code be amended and reenacted as follows: Sec. 15- 6.2.Reserved. 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 Hall called for a public hearing on the following: 14 Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter II. Motor Vehicles and Traffic. Article II. Motor Vehicles. Section 11 -6. Amount of Tax - Generally Chairman Hall called for persons to speak in favor of or in opposition to the proposed ordinance. No one appeared and spoke. Chairman Hall closed the public hearing and called for comments from the Board. Supervisor Alphin moved that the following Ordinance be adopted: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 11. MOTOR VEHICLES AND TRAFFIC. ARTICLE II. MOTOR VEHICLES. SECTION 11 -6. AMOUNT OF TAX — GENERALLY WHEREAS, the Isle of Wight County Board of Supervisors deems it appropriate to increase the license tax for motor vehicles located in Isle of Wight County. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 11. Motor Vehicles and Traffic. Article II. Motor Vehicles. Section 11 -6. Amount of Tax - Generally be amended and reenacted as follows: Sec. 11 -6. Amount of tax -- Generally. A license tax of eighteen dollars for each license tax year, as hereinafter provided for, is hereby imposed on each and every motorcycle, motor scooter, motorbike or other motor vehicle of like design or similar thereto to which this article is applicable, and a license tax of Thirty Dollars ($30.00) for each license tax year, as hereinafter provided for, is hereby imposed on each and every other kind and type of motor vehicle to which this article is applicable. A license tax of ten dollars for each license year, as hereinafter provided for, is hereby imposed on the following: each National Guard license plate with "NG" and each farm truck license plate with an "F". Vehicles with "Farm Use" license plates are not subject to a license fee. Local licenses may be issued free of charge for any and all of the following: (i) Vehicles owned by volunteer rescue squads; (ii) Vehicles owned by volunteer fire departments; (iii) Vehicles owned by active members of volunteer rescue squads; (iv) Vehicles owned by active members of volunteer fire departments; (v) Vehicles owned by auxiliary police officers; 15 (vi) Vehicles owned by disabled veterans; (vii) Vehicles owned by former prisoners of war; (viii) Vehicles owned or leased by deputy sheriffs; (ix) Vehicles owned or leased by police officers; (x) Vehicles owned or leased by officers of the state police; (xi) Vehicles owned or leased by salaried firefighters; (xii) Vehicles owned or leased by salaried emergency medical technicians; and (xiii) Vehicles owned by former members of volunteer rescue squads or former members of volunteer fire departments who have served at least 10 years in Isle of Wight County. In the case of active members of volunteer rescue squads, volunteer fire departments and auxiliary police officers, applications for such licenses shall be accompanied by written evidence, in a form acceptable to the Isle of Wight County Treasurer, of their active membership, and no member shall be issued more than one such license free of charge. (1 -4 -68, § 3; 1 -2 -75, § 1; 10 -6 -77; 9- 21 -89; 8- 16 -90, § 3; 12 -3 -92; 9- 21 -06; 4- 19 -07; 9- 20 -07; 4 -16- 09.) For state law as to authority of the County to grant exceptions to motor vehicle license taxes, see Code of Va., § 46.2 -752. 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 Hall called for a public hearing on the following: Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 14. Sewers and Sewage Disposal. Section 14 -11. Nonresidential Improved Property to Have Measuring Device. Section 14 -12. Separate Meters for Certain Nonresidential Customers. Section 14 -14. Billings Generally. Section 14 -20. Charges Generally. Section 14 -21. Installation Payments. Section 14 -23. Mandatory Connection - Generally. Section 14 -33. Conditions to be Fulfilled. Section 14 -45. Payment of Connection and Tap Charges. Section 14 -47. Billing Procedure - Generally. Section 14 -49. Same -Bills to be Mailed to Owner's Address. Section 14 -50. Same - Disconnection Notice and Second Billing Notice; Reconnections. Section 14 -51. Unpaid Charges, Etc. to Constitute Lien. Section 15 -57. Extensions. Section 14 -58. Same - Commercial and Industrial Property. Section 14 -59. Same -When Required. Section 14 -60. Same- Collection Main. Section 14 -61. Same - Determinations by Director of General Services Chairman Hall called for persons to speak in favor of or in opposition to the proposed ordinance. No one appeared and spoke. 10 Chairman Hall closed the public hearing and called for comments from the Board. Supervisor Darden moved that the following Ordinance be adopted: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 14. SEWERS AND SEWAGE DISPOSAL. SEC. 14 -11. NONRESIDENTIAL IMPROVED PROPERTY TO HAVE MEASURING DEVICE. SEC. 14 -12. SEPARATE METERS FOR CERTAIN NONRESIDENTIAL CUSTOMERS. SEC. 14 -14. BILLINGS GENERALLY. SEC. 14 -20. CHARGES GENERALLY. SEC. 14 -21. INSTALLATION PAYMENTS. SEC. 14-23. MANDATORY CONNECTION —GENERALLY. SEC. 14 -33. CONDITIONS TO BE FULFILLED. SEC. 14 -45. PAYMENT OF CONNECTION AND TAP CHARGES. SEC. 14 -47. BILLING PROCEDURE — GENERALLY. SEC. 14 -49. — SAME — BILLS TO BE MAILED TO OWNER'S ADDRESS. SEC. 14 -50. — SAME — DISCONNECTION NOTICE AND SECOND BILLING NOTICE; RECONNECTIONS. SEC. 14 -51. UNPAID CHARGES, ETC., TO CONSTITUTE LIEN. SEC. 15 -57. EXTENSIONS. SEC. 14 -58. SAME — COMMERCIAL AND INDUSTRIAL PROPERTY. SEC. 14 -59. SAME — WHEN REQUIRED. SEC. 14 -60. SAME — COLLECTION MAIN. SEC. 14 -61. SAME — DETERMINATIONS BY DIRECTOR OF GENERAL CRR VTC1P C WHEREAS, The Isle of Wight County Board of Supervisors has determined that it is appropriate to make certain revisions to the Isle of Wight County Code relative to the provision of sewers and sewage disposal to citizens of Isle of Wight County; and WHEREAS, following a thorough review of the Isle of Wight County Code, staff has proposed certain changes to the sewer ordinance in order to accurately reflect current costs and practices. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that the following specific sections of Chapter 14. Sewers and Sewage Disposal, Sections 14 -11 and 14 -12 are hereby amended and reenacted, effective upon the first full and normal billing cycle after July 1, 2013, as follows: Sec. 14-11. - Improved property to have measuring device. All nonresidential improved property which is connected to the sewerage system may be required to install, maintain and operate water use measuring devices, approved by the county, on public and /or private water supply services. (5- 21 -09.) Sec. 14 -12. — Late Payments 17 A late payment fee of one and one half percent (1 '/2 %) calculated on the delinquent fees and charges, or three dollars ($3.00) whichever is greater, shall be assessed to the billing if not paid and received by the due date. Electronic payment methods shall not constitute payment unless funds are received by the County by the due date. NOW, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that effective July 1, 2013, Chapter 14. Sewers and Sewage Disposal, Section 14 -14 is hereby amended and reenacted as follows: Sec. 14 -14. Credit Adjustments In the event of water line leaks, either underground or inside a premises, or both, the owner or occupant of such premises or the consumer thereof, after receiving written notice of excess consumption, after having all necessary repairs made promptly, may furnish the County with a notarized certificate, from a duly licensed plumber in the Commonwealth of Virginia, indicating that the repairs have been made and the date of repair completion. Following receipt thereof, the County shall have such repairs inspected and, if approved by utility personnel, may make a sewer credit adjustment to such owner, occupant or consumers billing charges for an amount in excess of the average bill for the premises as may be deemed fair and reasonable at the County's sole discretion. A maximum of fifty percent (50 %) credit on such 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. NOW, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that effective July 1, 2013, Chapter 14. Sewers and Sewage Disposal, Sections 14 -20 and 14 -21 are hereby amended and reenacted as follows: Sec. 14 -20. - Charges enerally. (a) Prior to the connection of any premises, building or dwelling unit to a county sewer system, the applicant shall pay connection and tap fees based on the size of water meter service as follows: CONNECTION FEES CHARGES Meter Size: % inch $4,000.00 1 inch $6,400.00 1' /z inch $99200.00 2 inch $16,000.00 Master Meter: Multi - residential facilities (duplex, $3,200.00 apartment, etc.) Same rates as illustrated above for first unit PLUS A Fee Per Equivalent Dwelling Unit (EDU) Hotel, motel, hospital, etc. $3,200.00 Same rates as illustrated above for first unit PLUS Number of units divided by 5 times a fee of: Commercial, business, office, Maximum total fee not to exceed industrial, etc. $150,000.00 Same rates as illustrated above PLUS $0.33 per gross square foot of floor area. When the meter size of the connection exceeds the sizes set forth above, the applicant shall be required to pay a connection fee as determined by the county. (b) Following an application for service within ninety (90) days of the official connection notice, including payment of fees, the connection fees due will be reduced to one -half of the connection fee amounts set forth in the current rate schedule for properties that are developed at the time of the official connection notice. (c) Reserved. (d) For a meter serving one or more units, the connection fee shall be charged for these types of buildings: Single- family, duplexes, houses, apartments, condominiums, mobile home parks, etc.; hotel, motel, travel trailer complex, hospital, nursing home, etc.; Commercial businesses, office, industrial, public buildings and all others. (e) Any premises, building or dwelling unit to be connected directly to the HRSD system, prior to sewer service becoming available, shall pay one -half of the applicable county connection fee prior to connection to the HRSD system. (f) Any premises, building or dwelling unit to be connected to the county sewer system shall pay in addition to the county connection fee, the 19 applicable Hampton Roads Sanitation District or Smithfield or Franklin fee which may from time to time be adjusted by these entities. (g) It is the intent of this section that connection and tap fees be paid on a per unit basis whether each unit is individually metered or a master meter is installed for more than one unit. (h) In those situations in which the premises, building or dwelling unit is served by either an unmetered water service provided by the county or by a privately owned water system, the sewer connection fee shall be based on the equivalent water meter size that would be required to serve such premises, building or dwelling unit. Such determination of equivalent meter size shall be made by the Department of General Services. (i) If the payment of a connection fee is required by the provisions of this article, then no building permit or other similar permit shall be issued by the county until the required connection fee is paid in full. 0) No connection fee shall be required when connection is to be made to an existing lateral previously used by another building when no work is required by the county to ready said lateral for connection. (5- 21 -09.) Sec. 14 -21. - Installment payments. When the application for residential connection is made within ninety days of receipt of the official notice, the applicant may pay the connection and tap fees at a minimum rate of twenty percent (20 %) down, paid at the time of making application and the remainder to be due and payable in equal bi- monthly payments over a two -year period. Application for installment payments shall only apply to residential connections and must be made during the initial ninety -day period. Installment payments due shall constitute a lien against the property. Surety shall be in a form acceptable to the county attorney. A contract for payment of the connection fee on an installment basis must be signed by both the property owner and the county. Failure of the property owner to pay the installment when due shall cause the imposition of a penalty of one and one -half percent (1 %2 %) per month and the county may, at its option, upon such failure declare the entire outstanding balance to be due and payable along with any expenses incurred by the county in the collection thereof. Failure on the part of the property owner to pay the installment when due shall also prejudice the property owner's right to finance any additional connection fees on an installment basis. Upon execution of the installment contract between the county and the property owner, the county shall cause the property owner to be billed on a periodic basis and provide for the collection thereof. Payment by the property owner must be no less than the amount billed but may be for the full amount outstanding. Partial payment for the minimum amount billed will not be accepted nor will partial payment for any outstanding balance be accepted. (5- 21 -09.) CO NOW, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that effective July 1, 2013, Chapter 14. Sewers and Sewage Disposal, Section 14 -23 is hereby amended and reenacted as follows: Sec. 14 -23. - Mandatory connection—generally. Where sewer service is available new development shall connect to the county sewer system. Where service becomes available by virtue of extending the county system to serve other subdivisions or neighborhoods, connection to the county sewer system shall not be mandatory. All premises, buildings or dwelling units connected directly to the HRSD system may elect not to connect to the sewer system, however, payment of all remaining balances of applicable fees and charges owed to the county shall be required. Sewer 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 sewer may be declared by the Director of General Services based on costs to provide service, construction techniques or other unusual conditions. (5- 21 -09.) NOW, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that effective July 1, 2013, Chapter 14. Sewers and Sewage Disposal, Section 14 -33 is hereby amended and reenacted as follows: Sec. 14 -33. - Conditions to be fulfilled. No person shall make or cause to be made a connection of any improved property with the sewer system until such person shall have fulfilled each of the following conditions: (a) Such person shall have notified the department of inspections of the desire and intention to connect to the sewer system, and shall have otherwise satisfied any county requirements respecting such connections; (b) Such person shall have applied for, and obtained, a permit; (c) Such person shall have given the county and the department of inspections of the county at least twenty -four hours' prior notice of the time when such connection will be made so that the county may supervise and inspect the work of connection and necessary testing; (d) Such person shall have furnished satisfactory evidence to the county that any connection fee, tap fee or special fee, charged and imposed by the county and other against the owner of each improved property who connects such improved property who connects such improved property to a sewer, has been paid; (e) Prior to issuance of a final certificate of occupancy, an inspection and approval from the Department of General Services is required; 21 (f) The person desiring sewer service shall sign a contract prepared for that purpose prior to receiving sewer service. A separate contract shall be required for each premises; (g) When a sewer customer executes a contract for initial sewer service, or moves [a] sewer service account from one location to another, a fee of thirty dollars ($30) shall be charged for establishing the new account and turning on the sewer at the new location, except as exempted herein; (h) All sewer service customers shall pay a deposit prior to the initiation of sewer service, except those exempted herein. The person desiring sewer service shall deposit with the county an amount equal to the average bill for that category of sewer customer for which sewer service, and any other additional fees charged on the sewer bill, is being requested for four months. The amount of said deposit shall be determined administratively, and adjusted from time to time as necessary; (i) The contract and deposit may be transferred by the county from the location for which it was initially requested to any other location to which the applicant may move, if within the utility service area of the county; 0) A customer may be exempted from the payment of deposit or new account fee if: (1) The customer was on private sewer system acquired by the county, and the acquisition included a deposit previously paid by the customer, which is transferred to the county with the acquisition of the sewer system; (2) The customer was on a private sewer system acquired by the county, and the former owner of said system certifies to the satisfaction of the county as to the customer's satisfactory payment record; or (3) A customer has established a satisfactory credit rating with the county via an existing or previous sewer account. (5- 21 -09; Ord. No. 2010-4 - C, 3- 24 -10.) NOW, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that effective July 1, 2013, Chapter 14. Sewers and Sewage Disposal, Section 14 -45 is hereby amended and reenacted as follows: Sec. 14 -45. - Payment of connection and tap charges. The connection and tap fees imposed by Article III of this chapter shall be payable upon application for permit to make a connection and shall be based upon a per building or per dwelling unit basis. Sewer rental charges applicable to the property shall begin to accrue as of the date of connection. Sewer rental charges shall be as follows: 22 BI- MONTHLY RATES: CHARGES: Residential: Per 1,000 gallon metered usage: 0 -6,000 gallons $6.00 per 1,000 gallons 6,001- 15,000, per 1,000 gallons $4.50 Commercial: $6.00 per 1,000 gallons Hotels and Motels $6.00 per 1,000 gallons Restaurants $6.00 per 1,000 gallons Shopping Centers $6.00 per 1,000 gallons Industrial Facility $6.00 per 1,000 to 20,000 gallons: over 20,000 gallons of water usage up $4.50 per 1,000 gallons Unmetered Water Service $55.00 Directly connected to HRSD $18 flat fee for sewer only customers or $3.00 per 1,000 gallons of water usage for sewer and water customers Others than those directly or indirectly connected to HRSD- Treatment $3.00 per 1,000 gallons of water used (5- 21 -09; Ord. No. 2010 -4 -C, 3- 24 -10; Ord. No. 2010 -10 -C, 6- 17 -10; Ord. No. 2011 -6 -C, 4- 7 -11.) NOW, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that effective July 1, 2013, Chapter 14. Sewers and Sewage Disposal, Section 14 -47 is hereby amended and reenacted as follows: Sec. 14 -47. - Billing procedure — Generally. The county shall cause the water or wastewater meter, where the sewer rent is based upon metered water or wastewater discharge, to be read on a regular basis and shall cause sewer rent bills to be mailed forthwith following each reading. In the event a meter reading cannot be obtained for a particular billing period, the sewer bill may be based upon estimated water usage or wastewater discharge, with an appropriate adjustment made upon subsequent meter readings. Sewer rent bills shall similarly be mailed on a periodic basis with respect to each property. The first sewer bill following connection to the sewer system may cover a period longer or shorter than the regular billing period (but not for a period longer than twelve months), and shall be prorated accordingly, if the county finds the same desirable in the administration of the billing procedure. 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 23 Treasurer or Director of General Services. (1- 16 -97; 7- 17 -03; 5- 29 -09; Ord. No. 2010 -4 -C, 3- 24 -10.) NOW, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that effective July 1, 2013, Chapter 14. Sewers and Sewage Disposal, Sections 14 -49 through 14 -51 are hereby amended and reenacted as follows: Sec. 14 -49. – Same —bills to be mailed to owner's address. Bills for sewer rent and other services as provided herein shall be mailed to the owner's, tenant's or other responsible party's address specified in the application for permit to make the connection and are due and payable on the date set forth therein. Late fees will be assessed commencing the next business day after the due date as indicated on the bill. Failure to receive a bill, as a result of incorrect address or otherwise, shall not excuse nonpayment of the bill or extend the time of payment. (1- 16 -97; 7- 17 -03; 5- 21-09; Ord. No. 2010 -4 -C, 3- 24 -10.) Sec. 14 -50. - Same — Disconnection notice and second billing notice; reconnections. Disconnection notices shall be mailed 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, 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 payment, 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. (1- 16 -97; 7- 17 -03; 5- 21 -09; Ord. No. 2010 -4 -C, 3- 24 -10.) Sec. 14 -51. - Unpaid charges, etc., to constitute lien. Any unpaid sewer rent fees or other charges, together with penalties thereon, may be collected in the manner provided by state law. In addition, the county may require that the water supply be shut off to any property with respect to which any sewer charges imposed hereby are delinquent until all such charges are paid. In the event such water supply is owned and operated by another party and is shut off by such party at the county's request, the consumer shall be charged a seventy five dollar ($75) penalty. (5- 21 -09.) NOW, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that effective July 1, 2013, Chapter 14. Sewers and Sewage Disposal, Sections 14 -57 through 14.61 are hereby amended and reenacted as follows: Sec. 14 -57. - Extensions. (a) The extension of sewer service by the County to properties within the County not currently receiving such service shall be accomplished in accordance with the following general principles: 24 (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 bear their fair share for the cost of installing sewer extensions to and within their neighborhoods or other development type. (3) The county shall be responsible for the maintenance, operation and control of sewer facilities after dedication and acceptance by the county. (4) Unless specifically authorized by the Board, extensions shall be considered only for properties located within the County's Development Service Districts (DSD) (b) Any property owner desiring to have sewer service extended to their residence shall apply in writing to the Director of General Services. In the case of a defined neighborhood request, a minimum of sixty -seven percent of the homeowners in the requesting neighborhood service area are required to sign the request before it will be considered. The request(s) must be made by the legal title holder(s) for the property. (c) Extensions of sewer service to developed commercial or developed industrial property may be requested by a letter from the president, board chairman or principal of the corporation desiring service. The request shall be evaluated on the basis of the General Principles in 14- 57(a). (d) Upon receipt of a valid application for sewer extension the County will evaluate application based on the following or similar criteria: History of current sewer service failures; Size of the requesting area/neighborhood or service area; Risks to public health and the environment; Availability of reasonable alternatives; Cost to provide sewer service and the availability of funds. (e) Approval for the proposed construction of a sewer extension project must be obtained from the Isle of Wight Board of Supervisors following a recommendation for the project by the Director of General Services. If the proposed project is authorized the DGS shall develop appropriate service area and budget level estimates of cost (f) Mandatory Connection- Upon approval of a sewer extension project, property owners will be required to sign documentation indicating a firm commitment to connect to sewer service when it becomes available and commitment to extension charges required for the project. (g) The County may extend sewer service at its own discretion in the following circumstances: 25 (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 sewer service to said area. The County may require assessments of property owners of said project service area under the same procedure set out in [subsection] 14- 57(i). (2) 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 sewer extensions where it deems said construction to be in the greater public interest and in the general public welfare. (h) Residential property owners in which sewer service is extended will be required to pay their fair share of the cost of extending this service, including design, permitting and construction - related costs. The County, at its discretion, may share in the cost 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 any County 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 1.0 3/4" 1.5 1 " 2.5 1' /2" 5.0 2" 8.0 3" 16.0 4" 25.0 0) Payments or County suitable payment arrangements of extension charges are due and payable before initiation of the sewer 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 full. (1) Upon transfer of title of any property with an outstanding balance associated with financed sewer extension charges, these charges shall be paid in full. 26 (m) Extension charges represent a cost separate from County connection and tap fees. Connection and tap fees or County suitable payment arrangements are due and payable from the connection property owner at the time of connection. (5- 21 -09.) Sec. 14 -58. - Same — Commercial and industrial property. Extensions of sewer service to developed commercial and developed industrial property, within Development Service Districts and other designated areas, if not proposed as part of the county's current sewer construction program, may be requested of the county by a letter from the president, board chairman or principal of the corporation desiring such service. (5- 21 -09.) Sec. 14 -59. - Same —When required. New commercial and /or industrial construction or development, manufactured home parks, multiple dwellings and all subdivisions of five (5) lots or more, within Development Service Districts and other specifically designated areas, shall be required to install sewer systems in the development at their sole cost, and to dedicate the systems to the County. The developer will be required, at the discretion of the County, to extend the County system, in accordance with the master plan to the proposed development, or to provide dry sewers and local onsite facilities (i.e. septic tanks, etc.), in compliance with all applicable regulations, for the development. An agreement between the County and the developer shall state the improvements required. Requirements of developers for development, not within development service districts and other specifically designated areas, regarding the provision of sewer facilities, will be established by, and at the discretion of, the County. (5- 21 -09.) Sec. 14 -60. - Same — Collection main. Property owners requesting or required to extend sewer service shall extend the collection main longitudinal to the front property line and to within five (5) feet of the furthest extremity of such property. (5- 21 -09.) Sec. 14 -61. - Same — Determinations by Director of General Services. Petitions and corporate letters may be referred by the board of supervisors to the Director of General Services for determination of affected property owners or area and for feasibility review. The Director of General Services shall recommend a course of action to the board of supervisors based on review findings and recommendations. (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 Hall called for a public hearing on the following: 27 Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 16.1. Water. Section 16.1 -9. Amounts - Generally Chairman Hall called for persons to speak in favor of or in opposition to the proposed ordinance. No one appeared and spoke. Chairman Hall closed the public hearing and called for comments from the Board. Supervisor Alphin moved that the following Ordinance be adopted: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 16.1. WATER. SECTION 16.1 -9. AMOUNTS -- GENERALLY. SECTION 16.1- 11. GENERALLY. AND SECTION 16.1 -12. SERVICE DISCONNETION. WHEREAS, the Isle of Wight County Board of Supervisors has determined that it is necessary and appropriate 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 1, 2013 Chapter 16.1. Section 16.1 -9. Amounts -- Generally. is hereby amended and reenacted as follows: Sec. 16.1 -9. - Amounts — Generally. Meter rates shall be determined on the following basis: (a) Except as otherwise provided in this chapter, meter rates shall be based on the volume of water used as measured by meters installed and maintained by the county; (b) Meter rates 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 county water systems. Such charges shall be as follows: Meter rates shall be in accordance with Table 16.1 -9 below. The county reserves the right from time to time to amend the rates in order to insure that the utility system remains self - sustaining. Table 16.1.9 r: BI- MONTHLY RATES CHARGES Meter Size: Up to and including 3 /a" $60.00 1" $84.00 1' /z" $95.00 2" $129.00 4" $129.00 Unmetered Water Service $70.00 Per 1,000 Gallon Metered Usage: 0- 50,000 gallons $7.65 Over 50,000 gallons $6.75 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 1, 2013, Chapter 16.1. Sections 16.1 -11 and 16.1 -12 are hereby amended and reenacted as follows: Sec. 16.1 -11. - Generally. (a) All accounts shall be billed on a cycle of not more than seventy 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 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, 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 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. Q (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 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; Ord. No. 2012 -6 -C, 6- 28 -12.) 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 -five dollar ($75.00) penalty shall apply for each disconnection in addition to the payment of the outstanding water bill, any outstanding late charges 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 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 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; Ord. No. 2012 -6 -C, 6- 28 -12.) 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. IM Chairman Hall called for a public hearing on the following: Boundary Line Adjustment and Moratorium Agreements between the County of Isle of Wight and the Town of Smithfield County Attorney Popovich state distributed to the Board prior to the public hearing is a survey done relative to the overall property to include details relative to the parcel being sold from the church and the baseball complex. He stated also at the Board's seats is a secondary annexation waiver agreement in which the Town of Smithfield will be agreeing to a ten -year moratorium on potential annexation action against the County. Chairman Hall called for persons to speak in favor of or in opposition to the boundary line adjustment and moratorium agreements. Vince Napolitano thanked the County and the Town of Smithfield for its assistance with respect to the Scott farm. Albert Burckard recommending tabling for one month because it does not look good from a County taxpayer's viewpoint. Chairman Hall closed the public hearing and called for comments from the Board. Supervisor Casteen moved that the following Agreement between the County and the Town of Smithfield be adopted: BOUNDARY LINE ADJUSTMENT AGREEMENT BETWEEN THE COUNTY OF ISLE OF WIGHT AND THE TOWN OF SMITHFIELD This Agreement (the "Agreement ") is made and entered into this day of June, 2013, by and between the County of Isle of Wight (the "County "), a political subdivision of the Commonwealth of Virginia, and the Town of Smithfield (the "Town "), a municipal corporation of the Commonwealth of Virginia (together, the "Parties "). WHEREAS, the Parties hereto have entered into negotiations regarding a voluntary change of the boundaries of the Town that would incorporate into the Town certain territory lying within the unincorporated portions of the County and located generally to the east and southwest of the Town's existing corporate limits; WHEREAS, the territory to be incorporated into the Town consists of a tract of land ( "Area A ") containing 184.052 acres adjoining State Route 704, which is also known as Battery Park Road, and a tract of land ( "Area B" ) 31 containing 78.7101 acres adjoining State Route 655, which is also known as Great Springs Road; WHEREAS, Area A consists of three parcels of land that presently contain no development but are proposed for a low density residential subdivision, which would be consistent with, and a logical extension of, the residential development planned for the adjoining areas within the Town; WHEREAS, the residential subdivision proposed for Area A must have access to public water and sewer, given the prevailing soil conditions, but the County has no such facilities that can readily serve Area A; WHEREAS, the Town has existing water and sewer facilities that can be extended to serve the homes to be constructed in Area A, and the Town can provide other urban services that will be beneficial to the residents of such development; WHEREAS, the current owners of the parcels of land within Area A and the developer of the proposed residential subdivision have requested that the Parties institute proceedings for the incorporation of the Area A into the Town; WHEREAS, Area B consists of one parcel of land owned by the County, which intends to construct a rescue squad facility on a portion of such land, sell another portion for the construction of a church, and donate the remainder to the Town, which will lease such property to a recreation association for use as a public baseball field complex; WHEREAS, the proposed rescue squad facility within Area B must have access to public water and sewer, and the Town has existing water and sewer facilities in adjacent areas that can readily serve that facility; WHEREAS, the incorporation of Area B into the Town will make possible the development by the recreation association of public baseball fields that will be used by many residents of the Town and surrounding areas; WHEREAS, the incorporation of the Area A and Area B will not adversely affect the ability of the County to meet the service needs of the other portions of the County; and WHEREAS, the County and the Town intend to proceed pursuant to Chapter 31, Article 2 (§ 15.2 -3106 et seq.) of Title 15.2 of the Code of Virginia (1950), as amended, to have the Circuit Court of Isle of Wight County approve the requested boundary adjustment. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: 32 1. The Town's boundary line shall be modified by incorporating within the Town the territory lying within Area A and Area B. A survey plat by Gordon L. Jones, a Land Surveyor with Bay Design Group, dated December 17, 2012, and attached hereto as Exhibit 1, depicts Area A and the relocated boundary line of the Town near Area A. A survey plat by James S. Leigh, a Land Surveyor with Bay Design Group, dated May 1, 2013, and attached hereto as Exhibit 2, depicts Area B and the relocated boundary line of the Town near Area B. In addition, metes and bounds descriptions of Area A and Area B are attached hereto as Exhibit 3 and Exhibit 4, respectively. 2. Pursuant to Section 15.2 -3108 of the Code of Virginia (1950), as amended, the County and the Town promptly shall petition the Circuit Court of Isle of Wight County to have the Town's boundary line changed as provided herein. Each party agrees to perform any additional steps required by that Code section as may be necessary to accomplish the relocation of the Town's boundary line. 3. The Parties agree that the County and the Town shall each bear its own costs of publication of the notices required by Section 15.2 -3107 of the Code of Virginia (1950), as amended. 4. The new boundary line shall become effective at midnight on June 30, 2013. In the event the Circuit Court of Isle of Wight County has not entered a final order by that date, the new boundary line shall become effective at midnight on the last day of the month during which a final court order has been entered. The motion was adopted by a vote of (3 -2) with Supervisors Casteen, Darden and Bailey voting in favor of the motion and Supervisors Alphin and Hall voting against the motion. Supervisor Bailey moved to approve the Annexation Waiver Agreement (Moratorium) between the County and the Town of Smithfield. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Alphin and Hall voting in favor of the motion and no Supervisors voting against the motion. Chairman Hall returned to the continuation of the County Administrator's report. County Administrator Caskey presented consideration of a proposed three percent (3 %) State - funded salary increases for Constitutional Officers and Compensation Board funded permanent staff positions. Supervisor Bailey offered a motion to postpone the matter for 60 days and following discussion by the Board, withdrew his motion. 33 Supervisor Casteen moved to approve a three (3) percent State - funded salary increase for the Commonwealth Attorney only. 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 Administrator Caskey advised the Board that he would come back at the Board's July meeting with additional information related to what it would cost the County to pick up the other Constitutional Officers. County Administrator Caskey presented a Member Contributions by Salary Reduction for Counties, Cities, Towns and Other Political Subdivisions Resolution for the Board's consideration. Supervisor Casteen moved to adopt the following Resolution: MEMBER CONTRIBUTIONS BY SALARY REDUCTION FOR COUNTIES, CITIES, TOWNS AND OTHER POLITICAL SUBDIVISIONS RESOLUTION WHEREAS, Isle of Wight County employees who are Virginia Retirement System members who commence or recommence employment on or after July 1, 2012, shall be required to contribute five percent of their creditable compensation by salary reduction pursuant to Internal Revenue Code § 414(h) on a pre -tax basis upon commencing or recommencing employment; and, WHEREAS, Isle of Wight County employees who are Virginia Retirement System members and in service on June 30, 2012, shall be required to contribute five percent of their creditable compensation by salary reduction pursuant to Internal Revenue Code § 414(h) on a pre -tax basis no later than July 1, 2016; and, WHEREAS, such employees in service on June 30, 2012, shall contribute a minimum of an additional one percent of their creditable compensation beginning on each July 1 of 2012, 2013, 20145 2015 and 2016, or until the employees' contributions equal five percent of creditable compensation; and, WHEREAS, Isle of Wight County may elect to require such employees in service on June 30, 2012, to contribute more than an additional one percent each year, in whole percentages, until the employees' contributions equal five percent of creditable compensation; and, WHEREAS, the second enactment clause of Chapter 822 of the 2012 Acts of Assembly (SB497) requires an increase in total creditable compensation, effective July 1, 2013 to each such employee in service on June 30, 2013, to offset the cost of the member contributions, such increase in total creditable compensation to be equal to the percentage increase of the member contribution paid by such pursuant to this resolution (For example, if the 34 member contribution paid by the employee increases from two to three percent pursuant to this resolution, the employee must receive a one percent increase in creditable compensation). BE IT THEREFORE RESOLVED that Isle of Wight County does hereby certify to the Virginia Retirement System Board of Trustees that it shall effect the implementation of the member contribution requirements of Chapter 822 of the 2012 Acts of Assembly (SB497) according to the following schedule for the fiscal year beginning July 1, 2013: Plan 1 Percent Plan 2 Percent Employer Paid % Employer Paid % Member Contribution Member Contribution Employee Paid % Employee Paid % Member Contribution Member Contribution Total 5% Total 5% BE IT FURTHER RESOLVED that such contributions, although designated as member contributions, are to be made by Isle of Wight County in lieu of member contributions; and, BE IT FURTHER RESOLVED that pick up member contributions shall be paid from the same source of funds as used in paying the wages to affected employees; and, BE IT FURTHER RESOLVED that member contributions made by Isle of Wight County under the pick up arrangement shall be treated for all purposes other than income taxation, including but not limited to VRS benefits, in the same manner and to the same extent as member contributions made prior to the pick up arrangement; and, BE IT FURTHER RESOLVED that nothing herein shall be construed so as to permit or extend an option to VRS members to receive the pick up contributions made by Isle of Wight County directly instead of having them paid to VRS; and, BE IT FURTHER RESOLVED that notwithstanding any contractual or other provisions, the wages of each member of VRS who is an employee of Isle of Wight shall be reduced by the amount of member contributions picked up by Isle of Wight County on behalf of such employee pursuant to the foregoing resolutions; and, BE IT FURTHER RESOLVED that in accordance with the Appropriation Act, no salary increases that were provided solely to offset the cost of required member contributions to the Virginia Retirement System under § 51.1 -444 of the Code of Virginia will be used to certify that the salary increases required by the Appropriations Act have been provided. 35 NOW, THEREFORE, the officers are hereby authorized and directed in the name of Isle of Wight County to carry out the provisions of this resolution, and said officers are authorized and directed to pay over to the Treasurer of Virginia from time to time such sums as are due to be paid by Isle of Wight 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. Mr. Terry presented the Schools FY2012 -13 Estimated Operational Results and Cash Flows as of May 31, 2013 to the Board for its information. Christina Bradshaw, Isle of Wight County Schools, advised that the School Division is anticipating returning $198,146 to the County. She requested that School funds for June 30th be carried over relative to FY2012 -13 anticipated textbook funds. Supervisor Alphin moved committing the textbook fund for the following year to carry over with the final numbers being based on the audit results. 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. Responsive to County Attorney Popovich's recommendation that the issue of professional services — financial and compliance audits, be moved for consideration following the closed meeting, Supervisor Bailey moved that the matter be moved to following the 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. Mr. Terry presented a Resolution to Adopt and Commit as Identified Concluding the FYE June 30, 2013 Close Out Available Donations, Dedicated Funds, Unused Funds as Intended by Funding Purpose (Economic Development) for the Board's consideration. Supervisor Darden moved to adopt the following Resolution: RESOLUTION TO ADOPT AND COMMIT AS IDENTIFIED CONCLUDING THE FYE JUNE 305 2013 CLOSE OUT AVAILABLE DONATIONS, DEDICATED FUNDS, UNUSED FUNDS AS INTENDED BY FUNDING PURPOSE WHEREAS, the Economic Development division has 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, 2013, yearend close; and, 36 WHEREAS, once the final accounting for yearend close has occurred the available amounts or so much as determined available can only be used for the purpose committed by the 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 that the Board of Supervisors of the County of Isle of Wight, Virginia adopts this resolution to commit available funds for the Economic Development division once said funds have been fully accounted for at the conclusion of June 30, 2013 year end close out. 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 adjustments 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 a Resolution to Adopt and Commit as Identified Concluding the FYE June 30, 2013 Close Out Available Donations, Dedicated Funds, Unused Funds as Intended by Funding Purpose (Inspections). Supervisor Darden moved that the following Resolution be adopted: RESOLUTION TO ADOPT AND COMMIT AS IDENTIFIED CONCLUDING THE FYE JUNE 301 2013 CLOSE OUT AVAILABLE DONATIONS, DEDICATED FUNDS, UNUSED FUNDS AS INTENDED BY FUNDING PURPOSE WHEREAS, the Economic Development division has 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, 2013, yearend close; and, WHEREAS, once the final accounting for yearend close has occurred the available amounts or so much as determined available can only be used for the purpose committed by the 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 that the Board of Supervisors of the County of Isle of Wight, Virginia adopts this resolution to commit available funds 37 for the Economic Development division once said funds have been fully accounted for at the conclusion of June 30, 2013 year end close out. 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 adjustments 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. County Administrator Caskey presented the Director of the Chamber of Commerce's financial request in the amount of $16,000 in order for the County to continue its membership in affiliation with the Chamber. Supervisor Bailey moved to authorize and appropriate $10,000 to the Chamber of Commerce from the Contingency line item for FY2012 -13. 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. APPOINTMENTS There were no appointments offered by the Board. OLD BUSINESS There was no old business offered for discussion by the Board. NEW BUSINESS Responsive to a conflict with Supervisor Alphin's and County Attorney Popovich's respective calendars, Supervisor Bailey moved that the Board's regular August 15, 2013 meeting date be changed to August 22, 2013. 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 Administrator Caskey advised that the Governor has announced that the former Franklin Mill will be generating 72 new jobs in the County. Supervisor Darden requested that the Hampton Roads Sanitation District waive the fees associated with the Charity Home for a disabled veteran. Supervisor Darden moved that staff be directed to send a letter to the Hampton Roads Sanitation District requesting that the fees associated with the Tidewater Builders Association's charity home that will be given to a disabled veteran be waived. The motion was adopted by a vote of (5 -0) with M Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Rick Douglas of Tally Ho Drive spoke in support of Supervisor Bailey remaining on the Board. Bobby Lockhart spoke in support of Supervisor Bailey remaining on the Board. Sherry Robinson spoke in support of Supervisor Bailey remaining on the Board. Gail Lockhart spoke in support of Supervisor Bailey remaining on the Board. George Gallman spoke in support of Supervisor Bailey remaining on the Board. Ms. Terry Street spoke in support of Supervisor Bailey remaining on the Board. CLOSED MEETING County Attorney Popovich requested a closed meeting pursuant to Section 2.2- 3711.A.7 of the Freedom of Information Action regarding consultation with legal counsel requiring the provision of legal advice pertaining to probable litigation related to a code enforcement violation; under Section 2.2- 3711.A. 1 regarding five (5) personnel matters; under Section 2.2- 3711.A.5 concerning discussion of expansion of an existing business where no previous announcement has been made of the business' interest in expanding the facility in the community; under Section 2.2- 3711.A.7 regarding consultation with legal counsel requiring the provision of legal advice pertaining to two (2) condemnation actions; under Section 2.2- 3711.A.7 regarding consultation with legal counsel requiring the provision of legal advice pertaining to a specific contractual legal matter relating to auditing service; and, under Section 2.2- 3711.A.7 regarding consultation with legal counsel requiring the provision of legal advice pertaining to a specific contractual legal matter relating to the public /private Education Facilities and Infrastructure Act of 2002. Supervisor Casteen moved that the Board enter the closed meeting for the reasons stated by the County Attorney. 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 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. 39 Supervisor Casteen 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. VOTE AYES: Bailey, Darden, Hall, Alphin and Casteen NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Supervisor Darden moved to authorize the incentive for the expanding business as discussed in closed meeting, to include the authorization for administrative review and approval of the preliminary site plan by the Zoning Administrator. 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 Casteen moved that the County Administrator be authorized to execute the audit service contracts and relevant documents 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 Casteen moved to authorize the County Attorney to develop guidelines for the Public- Private Education Facilities and Infrastructure Act of 2002 (PPEA) and the Public - Private Transportation Act of 1995 (PPTA). The motion was adopted by a vote of (5 -0) with Supervisors Casteen, KC, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. ADJOURNMENT Chairman Hall declared the meeting adjourned at 9:15 p.m. • JoA n V Hall, Chairman Carey Milk Storm, lerk 41