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10-20-1988 Regular Meetinga~oK 14 ~~~-219 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTIETH DAY OF OCTOBER IN THE YEAR NINETEEN HUNDRED EIGHTY EIGHT 1 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 Caskey, Assistant County Administrator/Community Development Kenneth L. Chandler, Assistant to the County Administrator C. W. Phelps, Sheriff • Judy A. Begland, Economic Development Coordinator . Hilda W. Harmon, Budget and Finance Director Betty Scott, Assistant Clerk Chairman Bradby called the meeting to order at 7:01 P.PI. The invocation was delivered by Supervisor Ross. // The Chairman called for citizens comments. 1 Andrew Casey, Carrisbrooke resident and member of the Planning Commission, expressed disappointment in the approval of the Kings Colony project, especially since the Planning Commission had recommended denial of the application. Mr. Casey stated the Kings Colony proposal will have serious adverse affects on the County, causing increased taxes, increased trash disposal, wetlands problems, ovezcrowding of school system, increased traffic, increased fire, police and rescue services and the possibility of forced residents relocation on Route 665, the potential for not being able to enforce the proffers offered by the developers, the fact this development will serve as a magnet to draw other such developments to the County. Mr. Casey also stated there is a serious breakdown in communication between the Board of Supervisors and the Planning Commission. Mr. Casey presented two sets of recommendations. First, specifically Kings Colony: (1) we ask you to reconsider your previous vote on Rings Colony proposal pending completion of further studies, (2) request that an environmental impact of the proposal be conducted bx an independent agency, to include a detail description of how Kings Colony will comply all present and pending legislation concerning the wetlands, creeks, rivers and the Chesapeake Bay. These studies. should now be mandatory for all .proposed developments in this County, (3) requests that. the Commonwealth's Attorney General issue an opinion concern the legality of and enforceability of the proffers made by the developers, (4) requests that Virginia Department of Transportation conduct a detailed study of the impact Rings Colony will have on Route 665 and adjacent roadways and on the possibility of having to relocate present residents from their homes along that road. This study should also address both tangible and intangible effects on those that will be displaced, (5) requests that any proposal to construct anew road leading directly from Route 17 to Kings Colony contain a detailed environmental impact statement prepared by an independent agency, (6) requests that the School Board, Sheriff's Department and Isle of Wight Rescue Squads submit detailed impact statements, (7) conduct a public hearing on the Kings Colony proposal after all of the above impact studies have been completed and submit a detailed analysis to the County residents at that time. Lastly, all of the above studies should be paid for by the developers and not by the taxpayers. Mr. Casey presented his second set of recommendations concerning planning in general as follows: (1) request that a detailed study of all of the developments which have been passed in the past three years be looked at and their combined impact be presented to the residents, we should periodicallX update and publish this big picture so that the average citizen will be able to understand the true scope and the impact of these developments, (2) you, as Supervisors, must decide where your developmental priorities lie; in my opinion we should encourage economic development and discourage residential development. It appears that the Route 460 Windsor area is eooK 14 ~~~~220 highly suitable for economic growth because of the road and rail network, however, unless you can .provide sewer and water businesses will be reluctant to locate there, (3) residential growth can be discouraged by adopting stricter rules for developers. All studies, such as those mentioned above, should be completed by independent agencies chosen by the County and paid for by the developers, with results of those studies being considered by the Planning Commission and Board of Supervisors before approving or denying any new residential proposals, (4) Supervisors and Planning Commission need to meet at least on a quarterly basis for frank, open discussions about the direction the County is heading in. In the past five years we have had several joint meetings; however, in my opinion we have never had a productive joint meeting. Now is the time to change that. The County staff should present at and participate in those joint meetings and perhaps the County Administrator should periodically attend Planning Commission meetings so that he could get the pulse of what is going on at those meetings. Robert Kenerly, resident at 2 Riverpoint Trail in Carrollton, spoke in opposition, expressing concern relative to the Lower James River report and HRSD sewer .lines. Mr. Kenerly asked the Board to contact Patty Jackson, with the Lower James River Association, regarding their study and the affect of the proposed subdivision on same. Mr. Kenerly also stated that a meeting of this magnitude should be conducted at night rather during the afternoon when working people are unable to attend. In addition, Mr. Kenerly questioned a conflict of interest for Board members, especially the Turners, Richard L. Turner, William R. Turner, Henry Morgan and Mr. Moore, stating he feels good judgement should have ruled and this property ownership disclosed. Mr. Kenerly asked the Board to reconsider their vote and restudy the Kings Colony proposal. Martha B. Moore, President of the Booker T. Estates Subdivision Civic League in Newport District, asked the Board's assistance in having street lights installed for their protection. Brenda Lee, representing the Willing Workers Committee in Carrollton, expressed concerns regarding water and sewer. Lawrence Pitt, President of the Isle of Wight/Smithfield Chamber of Commerce, expressed concerns regarding the proffers to pursue the HRSD sewer and water lines into the County along Route 17. Mr Pitt continued stating that the Chamber of Commerce supports and encourages growth in and around the Towns of Windsor and Smithfield and endorses support of the water and sewer in the Town of Windsor. Mr. Pitt strongl}~ urged the Board to reconsider their vote and return the application to the Planning Commission in order that they may have the opportunity to review the information the Board members had considered. Robert Clontz, County resident and artist, appeared in opposition, saying, "I was dismayed when the application was approved". He expressed concern relative to high density and increased .taxes. Mr. Clontz asked the Board to please reconsider their previous decision because the County does not need this type of development anywhere in the County. Donald Gregory, Rescue resident, spoke in favor the application stating he feels the Board of Supervisors acted in the best interest of the County. Randolph Barlow, County resident, expressed concerns relative to the requirements of the development, availability of an adequate number of volunteer firemen and rescue squad persons and police to serve the new development. Mr. Barlow continued stating that he is a businessman in the County and has talked with numbers of residents and has not found anyone in favor of the Kings Colony project. Mr. Barlow also stated that County residents are happy with the County and the progress that is being made and asked the Board to reconsider their previous decision. Edna Gowan, recent property owner, on Route 667, appeared in favor of the application. L'' [1 Pearl Whitehead, Windsor resident, asked the Board's assistance in obtaining a Yadar system to help control traffic speeding in the Town of Windsor.. Supervisor Bradshaw suggested so~K 14 r~~~221 the County Administrator and Sheriff work together on this project. County Administrator Standish informed the Board that work is already in progress. 1 Mark Jones, resident cn Route 665, appeared in opposition to the Kings Colony project stating he had moved from the Peninsula to escape what the Peninsula has become. He asked the Board to reconsider their previous decision. Herman Jones, resident on Route 665, appeared in opposition to the Kings Colony project. Mr. Jones asked the Board to stop fiddling around and trying to tear up the community while there is still time. David Smith, a resident at 712 Vellines Lane, appeared in opposition to the Kings Colony project and asked the Board to please reconsider their earlier decision. Chairman Bradby called upon County Attorney Crook to explain to the Board and to the public what alternatives the Board had in this situation. County Attorney Crook explained that the rezoning constitutes an amendment to the zoning district map which is a part of the zoning ordinance. Therefore, the Board could not reconsider the previous motion nor rescind the action at this meeting. The action of the t3oard at the prior meeting rezoning the properties in question was final. In order for the Board to consider rezoning the properties in question to A-1 the Board could initiate an ordinance amendment. This would have to be advertised for public hearing before the Planning Commission and subsequently for another public hearing before the Board like any other ordinance amendment. 1 Following discussion, Supervisor Bradshaw moved the Board initiate an amendment to the zoning ordinance to rezone Crown Creek Land Trust/Rae Parker, Jr./Daniel Kuesal properties to A-l, those properties described in items 5 and 6 of the agenda of the Board of Supervisors meeting of October 6, 1988, to be advertised for a public hearing for the Planning Commission for study and recommendation to the Board of Supervisors. Supervisor Bradshaw also moved that the Board recess for ten minutes prior to taking action on the above motion. The motion for a ten minutes recess passed by unanimous (5-0) vote of the Board. The Board recessed at 8:21 P.M. and returned to open session at 8:34 P.M. // Upon returning to open session the Board voted unanimously (5-0) to approve the Board's initiating an amendment to the zoning ordinance to rezone Crown Creek Land Trust/Rae Parker, Jr/Daniel Keusal properties to A-1, those properties described in items 5 and 6 of the agenda of the Board of Supervisors meeting of October 6, 1988, to be advertised for public hearing for the Planning Commission for study and recommendation to the Board of Supervisors. Hazel Delk, a County resident on Route 626, expressed concern relative to the naming of streets/roads and asked the Board to have the road from Smithfield Town limits going to Sycamore Crossing named Mill Swamp Road rather than the proposed names of Moonlight Road (short road at the intersection of Route 621 with only five families on the road) and New Road. Mrs. Delk submitted a petition of thirty-eight residents on the road who requested the name be changed to Mill Swamp Road. LJ Mildred Ramsey, County resident, asked if she should speak on development in the County if she had expressed her views at the Planning Commission meeting, to which Chairman Bradby replied, "Not at this time". // Assistant County Administrator/Communit~- Development, W. Douglas Caskey, presented the following conditional use permit application for the Board's consideration: The application of Smithfield Associates for a conditional use permit to locate a detached business sign ten (10) feet from the street right-of-way of Route 10, on the west side of Route 10, between Route 644 and the Route eoaK 14 ?ac~2~~ l0 bypass, in Newport Magisterial District. Mr. Caskey stated the applicant is seeking a conditional use permit that would allow an on premises detached business sign to be located closer to the street right-of-way than 35 feet, which is the minimum required in the B-1 zoning district. Mr. Caskey continued stating that the applicant is requesting the permit to allow an existing pylon sign, 22 feet, 6 inches in height and approximately 100 feet in area, to remain in its present non-conforming location, in feet from the street right-of-way of Route 10. The zoning permit, Yssued on October 21, 1987, specifies a required front setback of 35 feet. However, the Smithfield Plaza sign was located in violation of this setback requirement, said Mr. Caskey. The Planning Commission expressed the opinion that the problem was caused by miscommunication between the property owner/developer and the sign company and voted unanimously to recommend denial of the application, stated Mr. Caskey. ' On motion of Supervisor Edwards, the Board voted unanimously (5-0) to deny the application of Smithfield Associates for a conditional use permit to locate a detached business sign ten (10) feet from the street right-of-way of Route 10, on the west side of Route 10, between Route 644 and the Route 10 bypass, in Newport Magisterial District. Mr. Caskey presented the following subdivision plats for the Board's consideration: 1. Plat of Parcel A of the property of J. C. Richards and Hilda M. Richards, 1.01 acres of land located off Route 620, in Newport Magisterial District. Mr. Caskey stated the plat has been reviewed and approved by the Virginia Department of Transportation, the Isle of Wight County Health Department and the Department of Community Development. The Planning Commission recommended approval with the condition that a note be added to the plat designating it as an exemption under Section 3-4-1 of the Subdivision ordinance, said Mr. Caskey. Supervisor Ross moved the Board approve the plat of Parcel A of the property of J. C. Richards and Hilda M. Richards, 1.01 acres of land located off Route 620, in Newport Magisterial District as recommended by the Planning Commission. The vote in favor was unanimous (5-0). 2. Plat of the property of Henry E. Layden, a subdivision of ten (10) lots, located on Quillens Point Lane off Route 677, in Hardy Magisterial District. The plat has been reviewed and approved by the Virginia Department of Transportation, the Isle of Wight County Health Department and the Department of Community Development, said Mr. Caskey. The Planning Commission voted unanimously to recommend approval, sta}ed Mr. Caskey. On motion of Chairman Bradb~, the Board voted unanimously (5-O) to approve the plat showing the property of Henry E. Layden, a subdivision of ten (10) lots, located on Quillens Point Lane off Route 677, in Hardy Magisterial District. 3. Plat of the subdivision of the property of Thomas B. Mayes and Mildred L. Mayes, one (1) acre of land located on Route 10, in Newport Magisterial District. The plat has been reviewed and approved by the .Virginia Department of Transportation, the Isle of Wight County Health Department and the Department of Community Development, said Mr. Caskey. Mr. Caskey stated the Planning Commission voted unanimously to recommend approval. Supervisor Turner moved the Board approve the plat of the subdivision of the property of Thomas B. Mayes and Mildred L. Mayes, one (1) acre of land located on Route 10, in Newport Magisterial District. The motion carried unanimously (5-0). ~II 1 // Upon the recommendation of County Attorney Crook and on motion of Supervisor Ross, the Board voted unanimously (5-O) to eoaK 14 ~~~~223 adopt the amendment to the Southeastern Public Service Authority agreement with the County whereby the Public Service Authority exercised its option to extend the agreement for 30 years from the start of their phase two processing plant, which means that the County will continue to be a member of the Southeastern Public Service Authority until January 24, 2018 and authorized Chairman Bradby to sign same. SUPPLEMENT TO AGREEMENT FOR USE AND SUPPORT OF A SOLID WASTE DISPOSAL SYSTEM This Supplemental Agreement, dated the 28th day of September, 1988, is .made by and between The SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA, hereinafter referred to as the "Authority" and the COUNTY OF ISLE OF WIGHT, VIRGINIA, hereinafter referred to as the "County". WHEREAS, the parties entered into an Agreement For Use and Support of a Solid Waste Disposal System dated the 5th day of January, 1984, (the !'Agreement") which provides in Article III thereof for a term ending December 31, 2015, subject, however, to the right of the Authority at its sole option to extend the term of the Agreement for a term ending thirty (30) years from the Start-up Date of the Authority's Phase II processing plant. WHEREAS, Article III of the Agreement provides that the Start-up Date of the Phase II processing plant and any extension of the term of the Agreement shall be evidenced by a supplemental agreement between the Authority and .the County; and WHEREAS, the Authority has determined to exercise its option to extend the term of the Agreement to ad ate ending thirty (30) years from the Start-up Date. NOW, THEREFORE, the parties hereto do hereby agree: 1. The Start-up Date of the Phase II processing plant was January 25, 1988. 2. The term of the Agreement is extended, and the Agreement shall continue until January 24, 2018, that date being thirty (30) years from the Start-up Date of the processing plant. 3. All terms used herein and not otherwise defined shall have the same meanings as set forth in the Agreement. IN WITNESS WHEREOF, the Authority and the County have caused this Agreement to be executed on their behalf and their seals to be affixed and attested by officials thereunto duly authorized, all as of the day and year first above written. County Attorney Crook presented a document prepared by Rodham T. Delk, Jr., attorney for Harry C. Dey, requesting the Board approve an amendment to the restrictions on Titus Creek Subdivision which would allow vacation of a lot on the plat which was dedicated for recreation to be conveyed to the Homeowners Association which was was signed by all property owners in the subdivision. Supervisor Turner moved the Board approve the request of the developer and all of the landowners that the restrictions for the Titus Creek Subdivision be amended to change the restriction to vacate the lot to be conveyed to the Homeowners Association and authorized Chairman Bradby to sign same. The vote in favor was unanimous (5-0). On motion ~ of. Supervisor Bradshaw, the Board voted unanimously (5-0) to authorize County Attorney Crook to present a petition to the Circuit Court Judge to appoint Ludford T. Creef, III, Public Works Director, a special policeman to enforce the County ordinances relative to trash collection and dumpsters. // eooK 14 r~~~224. Supervisor Ross moved the Board adopt the following resolution acknowledging Fair Housing Awareness Week the week of November 7, 1988 in Isle of Wight Gounty. RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY ACKNOWLEDGING FAIR HOUSING AWARENESS WHEREAS, the strength of our nation, and all the states, flows from the promise of individual equity, equality and the freedom of choice; and WHEREAS, fair housing is consistent with the principle of equality and justice for all, providing the challenge to combat discrimination, and to broaden the protection of the belief upon which our nation was founded; and WHEREAS, fair housing is a policy of the County of Isle of Wight, Virginia and the implementation of such policies requires a positive commitment, involvement and support of each of its citizens. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County that the week of November 7, 1988 be acknowledged as Fair Housing Awareness Week in Isle of Wight Count, and call upon all citizens and realty firms to further their commitment to the provision of fair housing to all individuals. Supervisor Edwards moved the Board adopt the following resolution to accept and appropriate $29,196 from the Southeastern Virginia Areawide Model Program (SEVAMP) for an in-home health nurse at the Smithfield Health Department. The motion carried unanimously (5-0). RESOLUTION TO ACCEPT AND APPROPRIATE TWENTY NINE THOUSAND ONE HUNDRED NINETY-SIX DOLLARS FROM THE SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM (SEVAMP) FOR AN IN-HOME HEALTH NURSE AT THE SMITHFIELD HEALTH DEPARTMENT WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has contracted with the Southeastern Virginia Areawide Model Program (SEVAMP) for an In-Home Health Nurse at the Smithfield Health Department; and WHEREAS, the funds in the amount of twenty-nine thousand one hundred ninety-six dollars to be received from the Southeastern Virginia Areawide Model Program (SEVAMP) need to be appropriated to the In-Home Health Nurse salaries, fringe benefits, and travel and training line items in the 1988-89 budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia that twenty-nine thousand one hundred ninety-six dollars ($29,196) to be received from the Southeastern Virginia Areawide Model Program (SEVAMP) be appropriated to line item 28-5110-1001, Salaries ($22,128); line item 28-5110-1019, Fringe Benefits ($5,725) and line item 28-5501, Travel and training ($1,343) in the 1988-89 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget for this grant and to do all the things necessary to give this resolution effect. County Administrator Standish informed the Board members that Requests For Proposals relative to updating the County's Comprehensive Plan for Future Land Use had been distributed and seven such proposals had been received from consulting services. Mr. Standish stated the proposals have been reviewed by County staff and three top rated consultant proposals are receiving further review via direct interviews. 1 1 County Administrator Standish also informed the Board members that the County has received a second grant award from the Virginia Council on Environment to fund an updated County Comprehensive Zoning Ordinance. Mr. Standish continued stating ao~K 14 ~~~~225 the grant award, proposed in the amount of $25,000, will be received by the County later this fall. On motion of Supervisor Ross, the Board voted unanimously (5-0) to adopt the following resolution to appropriate thirty three. thousand dollars ($33,000) for the public utilities/administration operating budget: RESOLUTION TO APPROPRIATE THIRTY-THREE THOUSAND DOL~I.ARS ($33,000) FOR THE PUBLIC UTILITIES/ADMINISTRATION OPERATING BUDGET WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has established a Public Utilities Department, and WHEREAS, the funds in the amount of thirty-three thousand dollars ($33,000) to be received from the Water Connection Fees need to be appropriated to the Public Utilities/Administration line items in the 1988-89 budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that thirty-three thousand dollars ($33,000) to be received from Water Connection Fees be appropriated to line item 24-8203-1001 Salaries ($30,200); line item 24-8203-5201 Postage ($200); line item 24-8203-5203 Telephone ($300); line item 24-8203-5401 Office supplies ($300); line item 24-81-3-5411 Dues and subscriptions ($200); line item 24-8203-5501 Travel and training ($400); and line item 24-8203-7002 Equipment ($1,400) in the 1988-89 budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED, that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the operating budget and to do all the things necessary to give this resolution effect. County Administrator Standish reminded the Board members that the County staff would be conducting a public hearing at 10:00 A.M. on Friday, October 21, 1988, to solicit public comment relative to a community development block program grant.. On motion of Supervisor Ross, the Board voted unanimously (5-0) to approve the County's Social Services Department's participation in the State's set-off debt collection program with the stipulation no additional staffing be provided for the collection process. Supervisor Edwards moved the Board adopt the following resolution designating October 23-30, 1988 as the Children's Center Week in Isle of Wight County. The vote in favor was unanimous (5-0). RESOLUTION DESIGNATING OCTOBER 23-30, 1988 AS THE CHILDREN'S CENTER WEEK IN ISLE OF WIGHT COUNTY WHEREAS, all children in Isle of Wight County deserve the opportunity to reach their maximum potential; and WHEREAS, serving handicapped, developmentally delayed, and children at risk for delay in their own community is in the best interest of the child, family, and community; and WHEREAS, both handicapped and nonhandicapped children benefit from learning together in community based, child centered programs; and WHEREAS, as part of the celebration of the fifth year of the establishment of The Children's Center and their provision of services to children in our community, special activities are planned to honor those individuals and organizations who have made the programs possible and to call attention to the importance of having these programs available. NOW, THEREFORE, the Board of Supervisors of Isle of eooK 14 rA~~22s Wight County hereby designates October 23-30, 1988 as "The Children's Center Week" in Isle of Wight County and urges all citizens to join in expressing appreciation for the work of the Center and their commitment to the care and education of all children in our community. County Administrator Standish informed the Board members that Supervisor Edwards had attended a prior meeting relative to off-site improvements and suggested that he attend the upcoming meeting in Richmond Octobe_ 28, 1988. Supervisor Edwards stated he would attend. // Supervisor Edwards asked County Administrator Standish to contact Contel fora status report on toll free calling within the County, to which County Administrator ,Standish replied he was working on same. // Upon the recommendation of County Attorney Crook and on motion of :Supervisor Bradshaw, the Board voted unanimously (5-0) to apgrove the September 1 and September 15, 1988 minutes of the Board of Supervisors. // Supervisor Turner moved the Board go into executive session to discuss with legal counsel and staff members negotiations for intergovernmental agreements, acquisition of property, potential litigation and a personnel matter. The vote in favor was unanimous (5-0). The Board went into executive session at 9:20 P.M. and returned to open session at 10:13 P.M. // On motion of Supervisor Edwards, the Board voted unanimously (5-0) to approve the agreement, dated September 1, 1988, between the County of Isle of Wight and the Town of Windsor and the Sheriff of Isle of Wight County for additional law enforcement services for the Town of Windsor. Supervisor Edwards moved the Board approve the utilities agreement between Isle of Wight County and the Town of Windsor. The motion passed by unanimous vote of the Board (5-0). UTILITIES AGREEMENT THIS AGREEMENT,. dated the 19th day of October, 1988 between the Board of Supervisors of Isle of Wight County, hereinafter "Count"; and the Town of Windsor, 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 in Isle of Wight Count} at or near the Town of Windsor and further recognize growing economic pressures for commercial, industrial and residential development in Isle of Wight County at or near the Town of Windsor .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 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; 1 1 ARTICLE I Water Systems eooK 14 ~A~~227 L 1. The County shall own and operate all public water facilities and systems in the County lying outside the Town o! Windsor. Water shall be supplied to tha 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 80t of the connection fee charged by the Town to its customers in the Town. Z. The County shall report all connections to the To4iA within 60 days and pay at the same time. ~. The Town will make reasonable, good faith elforts to expand water sXstem permit limitations to accommodate anticipated requests for additional ' service outside the 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. !{. The Town shall not be required to bear the cost of water source, storage expansion, or distribution improvements necessary to meet service needs outside the Town. The Town represents that it has an excess capacity of 95,000 gallons per day (water supply permit capacity over average daily water ,usage), available to the County at this time*. The Town shall keep the County inforn-ed of all plans to 'expand its water source and storage capacity. •(The Town desires to reserve 70,000 gallons per day for potential ~uture development in the Town.} ARTICLE II Rates and Fees L"11S o! July 1, 1988 the user rates and connection Lees charged by the Town to ~ts customers are as detailed on Appendix A to this agreement. ARTICLE III City Status The Town agrees that it shall not become a city for a period of no less than twenty (20) years from the .date of this agreement. // At 10:19 P.M. Supervisor Ross moved the meeting bs adjourned, which passed unanimously (5-O). i.i ~,.. Eyw ~ ~ as .Stan s , C-IescT' eery x. ra , c a rman