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03-17-1988 Regular Meetingh ~'~s 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.. ~_ ~ ~J 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~ 1 1 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. 4~ . 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