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12-05-2002 Regular Meeting II II i~ 80~K 21 rA~~~4~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FIFTH DAY OF DECEMBER IN THE YEAR TWO THOUSAND AND TWO - PRESENT: Robert C. Claud, Sr., Chairman Richard K. MacManus, Vice Chairman Stan D. Clark Phillip A. Bradshaw Henry H. Bradby Also Attending:: Jacob P. Stroman, IV, County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant County Administrato./Director of Human Resources Carey H. Mills, Recording Secretary Chairman Claud called the meeting to order at 2:00 p.m. // Supervisor MacManus delivered the invocation. // The Pledge of Allegiance was conducted. // Chairman Claud called for Special Presentations. Chairman Claud announced that the Annual Hanging of the Wreaths would be held at 5:00 p.m. this evening on the front lawn of the Courthouse. Chairman Claud announced that Sheriff Phelps .had requested the Board defer his presentation on the Crater Criminal Justice Academy until a future Board meeting. Chairman Claud noted that Skip James with Charter Communications is present to address anyquestions. There were no questions offered. // Chairman Claud indicated the Consent Agenda (Item 2} included the following items:. 1 604K ~~rAG{348 A. Financial Audit Report for the Year. Ended June 30, 2002 B. Resolution to Accept and Appropriate $1,497 From the Virginia Department of Criminal Justice C. .Action List Status Update D. Department of Homeland Security E. Final subdivision plat. of Eagle Harbor Tract 2 Phase 2, property of Eagle Harbor LLC, Smith's Neck Road (Route 669), Newport Magisterial District, Tax Parcel No. 34-01-003 F. < Final subdivision plat of Eagle Harbor Tract 3, property of Eagle Harbor LLC, Carrollton .Boulevard (U.S. Route 17), Newport Magisterial District, Tax Parcel No. 34-01-003 G. Subdivision plat of Eagle Harbor Tract 4, Newport Magisterial. District, Tax Parcel No, 34-0 l -003 H. Final subdivision plat of Eagle Harbor Tract 7, property of Eagle Harbor LLC, Whippingham Parkway (Route 662), Newport Magisterial District, Tax Parcel No. 34-01-003F I. Subdivision-plat of Eagle Harbor Tract 9B, Newport Magisterial District, Tax Parcel No. 34-01-003F J. November 7, 2002 Regular Meeting Minutes Chairman Claud asked if there were any items for removal. Regarding Item "A", Chairman Claud-noted that the Audit Report had not been provided to the County by the auditing firm. Supervisor MacManus moved the Board pull Item "A" (F~nancial Audit. Report. for the Year Ended .June 30, 2002) and Item "H" .(Final subdivision .plat of Eagle Harbor Tract 7, property of Eagle: Harbor LLC, Whippingham Parkway (Route 662),.- Newport Magisterial District, Tax Parcel No. 34-01-003F) and adopt .the- Consent Agenda.. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. .Regarding ,Item "H",. Supervisor MacManus inquired if the platted areas crossed over into the 100. foot,Resource Protection Area (RPA). 2 ,I eoo~ 2i f~~t349 Jonathan W. Hartley, Director of Planning and Zoning, confirmed that the platted areas. did enter the 100 foot RPA. He reported that an exception was approved in the Water Quality Impact Assessment in 1999. He further reported that according to the former County Attorney, once the exception was approved it could. not be rescinded. County Attorney Stroman recommended that the Board defer action until he can review the matter further. Supervisor MacManus moved the Board table action until the Board's December 19, 2002 meeting on the Final subdivision plat of Eagle Harbor Tract 7, property of Eagle Harbor LLC, Whippingham Parkway (Route 662), Newport Magisterial District, Tax Parcel No. 34-01-003F for further .evaluation by the County Attorney. The motion was adopted by a vote of (5- 0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Claud called .for Regional Reports. Supervisor MacManus reported that the Southeastern Public Service: Authority annual audit, which was an unqualif ed audit, was presented. He further reported that the CIP was revised to move the construction of the Suffolk transfer station up one (1) year which will create more trash -for the waste-to-energy facility thereby making that facility more profitable and. more efficient. Responding to Chairman Claud, he noted that an interchange has been previously addressed by SPSA in conjunction with VDOT at the SPSA Regional landfill site in Suffolk. Supervisor Bradshaw reported a meeting of the International Paper Advisory Council is .scheduled for later this month which he and Patrick Small will attend. Supervisor Bradshaw reported that the VACo President has appointed. a committee, on which he has been appointed to serve, to develop astrategic - plan for carrying forward VACo's .legislative. issues. He stated. the meeting scheduled for this week was cancelled, .but. he anticipates it to take place next- week.. Supervisor Clark reported that Jeffrey L. Newton has been hired as the new Jail Superintendent for the Western Tidewater Regional Jail, effective December I6, 2002. Chairman Claud reported that. a meeting of the Hampton Roads Partnership is scheduled for December 13, 2002. 3 800A 2i rA~f~J50 ' Chairman.. Claud reported that a meeting of the Hampton Roads Economic Development Alliance was held today that he did not attend due to inclement weather conditions. Chairman Claud reported that the November, 2002 meeting of the Mayors and Chairs Caucus was cancelled. Chairman Claud reported two (2) "listening session" meetings of the Hampton Roads Planning District. Commission regarding regional transportation are planned; one (1) of such meetings will be held on December 11, 2002 in Hampton and the other in the City of Chesapeake on December 16, -2002. He stated the purpose of these meetings is to give the citizens • the .opportunity to discuss concerns about .proposed transportation improvements .and funding issues that are facing the region. He noted Federal, State and local -level representatives would be present to hear such concerns. Chairman Claud reported a meeting of .the Intergovernmental Relations Committee was held on November 20, 2002 which he and Supervisor MacManus attended. // Chairman Claud. called for Transportation Matters. James A. Randolph, Planner, presented the FY03 Hampton Roads Planning District Commission Unified Work Program for the Board's consideration. He distributed a report on the transit analysis for the County of which a portion. may be included in the Work Program.. Supervisor MacManus moved the Board endorse the outline, as amended to include the .transit analysis. The motion was adopted. by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisor voting against the motion. James A. Randolph, Planner, advised that the VDOT Resident Engineer would be present at the Board's meeting on Decemberl9, 2002 to address questions .of the Board on any items .contained in -the. Current Road and Highway Projects List. Chairman Claud requested his appreciation be expressed to VDOT for work done on Orbit Road. // Chairman Claud called for Citizens Comments. 4 eooa 21.~~f351 Bob Ballinger, Board of Directors for the Windsor .Athletic Association, requested the Board donate a small portion (approximately twelve (12) acres) of the. Edwards' tract of land to allow the expansion of Field #2; provide room. for. additional batting cages;- additional restroom facilities; and, allow for additional vehicular parking. Supervisor Clark .moved the Board direct staff;.. to bring back. a recommendation on how the County can proceed .with the donation of land. to the Windsor Athletic: Association. The..motion was adopted by a vote of (5=0) with Supervisors MacManus, Bradby, Bradshaw, Clark. and Claud voting in favor of the motion, and no Supervisorvoting againstthe motion. .Grace Keen addressed the Board regarding peddlers illegally located on property along .Berms Church Boulevard. She requested that the County's .ordinance regarding peddlers be revisited and that it .include a clause specifying that there be a written statement from the .owner of the . property the peddler is using for operation, and that the peddler will assume: all responsibility that comes from .the use of property for this type of operation. Chairman Claud referred the matter. to the County Administrator to investigate and bring a report back to the Board on whether the County waits until it has complaints before action is taken to see if peddlers are in compliance. with the County's ordinance, and if a peddler wanted to locate on one's property, it would beat that person's liability. Grace Keen briefed the Board on the condition of the unisex restrooms at the Nike Park Recreation Hall and requested the Board make .the. necessary changes that would be of help to the .seniors and everyone utilizing this facility. Grace .Keen advised that the VDOT District Engineer would be the guest of the Isle of Wight Citizens Association at its meeting on Monday at 7:00 p.m. at the Carrollton Public Library. She invited the: Board members to attend. Grace. Keen advised that the Isle of Wight Citizens Association would hold its Christmas party on December 21, 2002 with dinner served at 6:00 p.m. at the same location as last year. She invited the Board members. to attend and requested they RSVP by December 15, 2002. // Chairman Claud. called for the County Attorney's report, County Attorney Stroman reported that the judge had taken the case of the Wat Pasantidhamma .Association v. Board of Supervisors of Isle of eoaM 21 ~Av~~52 Wight County, Virginia under advisement, and he anticipates a decision in the near. future. County Attorney Stroman reported that he continues to have concerns about the condition of the proposed Nonexclusive .Cable .Franchise Agreement Between Isle of Wight .County and Wavelength Technologies, LLC; however, he does believe inappropriate for the Board to set the matter for public hearing at its January 16, 2003 meeting. ; County Attorney Stroman reported that he has spoken with Matt. Favre of Charter Communications regarding whether or not the Nonexclusive .Cable. Franchise Agreement Between Isle of Wight County and Charter Communications should be more closely in line with the model .agreement. He stated Mr. Favre has referred this matter to Charter Communication's lawyers. He stated it continues to be .his recommendation Ghat the Board consider -such amendments in the context of Charter's request for an extension of that franchise. County Attorney Stroman noted he would discuss the matter of the proposed amendments to the Utilities Ordinance .when it is called on the agenda later in the meeting. County Attorney Stroman noted he would discuss the matter of fluoride enforcement and the proposed consent order when it is called on the agenda .later in the meeting. County Attorney .Stroman noted he would discuss. the .matter of the nomination of Ragged Island Creek as an exceptional waterway when it is called on the agenda later in. the meeting. County. Attorney Stroman requested the Board add as Number 16 on the agenda his request for. a closed meeting and also add as Number 17 on the agenda consideration to schedule a public hearing on .the proposed- Franchise-Agreement-with Wavelength Technologies, LLC. Supervisor Bradshaw moved the.-Board add Number 16 and Number 17 on the: agenda. The .motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of-the motion, and. no Supervisor voting against the motion. Responding to Supervisor Clark, County Attorney Stroman reported on the trial of the Wat Pasantidhamma Association v. Board of Supervisors of Isle of Wight County, Virginia. He stated in regards to the procedural due process issue- brought up at the trial by the Temple, the fudge did state .that based. on .his observation and review of the evidence that he thought. the Temple did have the opportunity to raise any issues it wanted to raise. He .stated the 3udge did note. that he wanted to review whether or not there is any law concerning the :fact that if a person had an opportunity present, but 6 1 1 1 ,i 84!~K ~~rACf~i~3 was confused, would that confusion give rise to a procedural due process claim. County Attorney Stroman added that he was unaware of any legal authority to that. effect. 1 i~ /I Chairman Claud called for the Community Development Report. Beverly Walkup, Planner, .addressed the Board concerning. a Flood Reclamation CDBG Community Improvement Grant Contract Amendment and extension. for improvements to the Zuni-water system and .amended plan for use of program income. She noted staff does not have access to as much money as anticipated and will work within the limits of the remaining funds,. as well as .the Thomas Park funds. She requested. the Board to approve .the contract amendment and extension to the County's contract with VDHCD and K. W. Poore and Associates and to approve staff moving forward with the program within the grant fund limit and the Thomas Park funds.. She stated she would like the Board to know that staff will attempt. to work within the limits that they have, although it may be necessary to come back before the Board. Supervisor Bradshaw .moved the .Board approve the contract amendment and extension. to the County's contract with VDHCD and K.W. Poore and Associates and approve staff moving forward with the program within the grant funded limit to include any available Thomas Park funds. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, .and no Supervisors voting against the motion. Mr. Hartley notified the Board that the County is required by the Census Department to file with the Department of Environmental. Quality for a general permit to undertake stormwater management requirements with the Clean Water Act. He stated the County must file for a permit by March 1, 2003, establishing a work program over the next five (S) years. He noted the six (6) components of the work program are contained in the agenda, as well as afirst- draft of the .text that would be included in the permit. application. He stated staff does intend. to make certain changes in an effort to stagger some of the ,more work. intensive tasks within the five (5) year - period. Supervisor. Clark stated he did not understand why the County must comply with. the Stormwater Management Program as an urban area when the County is much less dense than the Town of Smithfield which is classified as an urban cluster. Mr. Hartley stated there is no logic to this. issue. He stated the areas that are designated in the County are extensions of urban areas that adjoin the cities of Portsmouth and Norfolk and when these areas. are designates 7 eoeK 21 ~acf354 the urban areas are built out and when they is no longer a contiguous mass of "urban area" that meets. their criteria,. they stop and everything else becomes an urban cluster.. Supervisor Clark .inquired if the County had swell-developed stormwater .management programf would. that eliminate many of the concerns with the Ragged Island exceptional waterway designation. 11rtr. Hartley stated .this .would address many of the. concerns staff is aware of now. He noted staff is not yet in touch with discharge aspects, but this is an area in which the Hampton Roads Sanitation. District can .provide some assistance. Supervisor MacManus inquired if the County has a document . regarding BMP legally binding maintenance agreements. Mr. Hartley stated .the County currently has a BMP maintenance agreement that is recorded in the Clerk's Office that serves as a legal instrument for the County to go after a Homeowners' Association to clean, repair and maintain a BMP. Supervisor MacManus stated since Homeowners' Associations do not have many assets and a limited liability, does -this mean anything to have this type ofAssociation-liable. County Attorney Stroman stated there are advantages to proceeding in -away where an Homeowners' Association is named and. the other-option if this is not proffered or established is to make the property owners individually liable in the event of a need to repair the BMP.. He stated he has discussed the fact with Mr. Hartley .that the funding issue needs revisiting as clearly even a recorded document against an organization with no assets is of little or no value. Supervisor MacManus noted. the County needs something to prevent -long-term financial burdens on the County relating to BMP maintenance. Mr. Hartley stated this is an opportunity for staff to begin doing .what needs to be .done. He stated staff will be meeting with the Town of Smithfield's representatives to begin. discussions on program aspects where the County and the Town can work jointly on items of mutual benefit even though the Town is .not required to do so at this point. He stated the Board will be asked in February., 2002 to approve a permit application. He inquired if the Board would like to request Mr. Garlock from the Hampton Roads Planning.District Commission attend the Board's meeting in January to go over this information in more detail. 8 ~~i ~I eoox 21 ~~cr355 Chairman-Claud noted it would be helpful to have Mr. Garlock present a brief overview to the Board at its second meeting in January, 20.03 so that they will have a better understanding of what is expected. 1 Mr. Hartley stated in reference to the Board's desire to have site plans reviewed by the Planning Commission and the Board of Supervisors, enclosed in the agenda is the SAFA shopping center site. plan review. He made reference to a letter from the applicant contained in the agenda dated. November 25, .2002 in response to those comments made at the Planning Commission meeting. He stated all concerns have- been addressed with the exception of the issue of the high-pitched roof. .Supervisor MacManus stated the Planning Commission has expressed .that what they feel is necessary to make the community appearance positive and make this shopping center successful is a change of appearance. He stated he is concerned that the applicant has chosen not to comply. with the recommendation of the high-pitched roof on the structure. Lawrence Olsen of Boyd- Construction stated the cost. to build a high- pitched roof increases the cost to build the building and the applicant prefers to keep. the flat metal roof. Supervisor MacManus stated the building will look cheaper and that is not the community features that the Board is looking for in at the entranceways -into the County. He stated studies indicate that if the appearance looks positive, the applicant will see the economic results of that shopping reflect that same type of prosperity. Chairman Claud requested Mr. Olsen pass on the comments of the Board tonight to the applicant. /I Chairman Claud called for the- Public Utilities Report. 1 E. Wayne Rountree, P.E., Director of Public Utilities, stated contained in the agenda is the response from the State Department of Health to the County's proposed .compliance schedule staff forwarded to the State on September 8, -2002. He stated, as noted, the State is not enthusiastic about the County's proposed schedule and he has met with the County Attorney to discuss. the form and content of the County's response letter. He stated staff .proposes to meet personally with Mr. Payne with he State Department of Health and further discuss the proposed schedule. Supervisor Clark moved the Board authorize staff to present the revised fluoride compliance schedule to Mr. Payne at the State Health Department. The motion was adopted by a vote of (5-0) with Supervisors 9 eoo 21 ~~~-356 MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. Chairman Claud noted that no adjustments are needed in this current fiscal year; however, based on what is proposed at this point,. the upcoming CIP. would have to be modified. Supervisor MacManus requested Mr. Rountree point out to 111r. Payne that the County has been aggressive and expended a great deal of funds to date. Supervisor Bradshaw stated it would be to the County's advantage to set up a regional authority to develop water and sewer and he would recommend that Mr. Rountree mention at the meeting with Mr. Payne that the County has been working with the City of Franklin in a regional cooperative effort to attempt to get something accomplished in this regard. Supervisor Bradshaw requested Mr. Rountree look into whether the federal. government is reviewing the possibility of reducing the threshold. level for fluoride within the next ten (10) years. Mr. Rountree distributed a late item dealing with fluoride. He stated the Board .previously approved an engineering contract with R. Stuart Royer to dig a test well at Smithfield Heights-and he would recommend that the County continue to move ahead as it will improve the County's: position when it .meets with the State Health Department illustrating that the County is continuing to show progress. Chairman Claud moved the Board authorize the notice to proceed on engineering and construction of the fluoride test well at Smithfield Heights.. The motion was adopted by a vote. of (5-0} with Supervisors MacManus, Bradby,~ Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Claud called for the County Administrator's report. County Administrator Casket' presented a legislative request by the Southeastern Public Service- Authority (SPSA) relative to its bonded indebtedness, the for the Board's consideration. Supervisor MacManus stated there is a potential liability to the County, .but also a potential benefit. He stated SPSA is suggesting that if the County is included it would give the opportunity to guarantee SPSA debt and there could be some potential benefit to the County by having the County listed as a guarantee.. He stated when the original debt was guaranteed, for SPSA the Cities: of Suffolk and Virginia Beach did not see it 10 1 11 goon 21.~vf357 in their interest .and declined..- He .stated the County is a small sized community and the potential liability to the County could a greater in some circumstances if the County- was to act on a future bond ng to SPSA. He noted there would have to be a clear .benefit to the .Coup and what he is suggesting is to go forward with this to give. the County n opportunity in the future if it decides to on a ,case-by-case basis. a stated he sees recycling issues in the near term that could be beneficial t the County. He stated this would merely be the legislation to put the Coun in a position to act if the Board sees a benefit to the County. Supervisor MacManus moved the Board ado t the following Resolution: RESOLUTION TO ENDORSE PROPOSED AME DMENTS TO CHAPTER 544 OF THE ACTS OF THE ASS MBLY WHEREAS, the Board of Supervisors of the Count} of Isle of Wight .has elected for the County to be treated as a city for purpo~es of Article VII, Sectionl0(a) of the Constitution of Virginia; and, ~, WHEREAS, Southeastern Public Service Authority ~as requested that .,the Virginia Acts of the Assembly be amended so as to en~ble Isle of Wight County to be added to the list of cities that are members, of the. Authority that are authorized from time to time to contract obligation over a period or periods of ~ more than .one (1) year to guarantee ind btedness of .the Authority. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors endorses the proposed amendment to-the Virginia Acts of the Assembly that will enable Isle of Wight County to be added to the list of cities that are members of the .Authority that ar authorized from time to time to contract obligations over a period or peri ds of more than one (1) year to guarantee indebtedness of the Authority. The motion was adopted by a vote of (4-1) ith Supervisors MacManus, Bradby, Clark and Claud voting in favor o the motion, -and Supervisor Bradshaw voting against the motion. County .Administrator Caskey presented. an A endment ~ to the Agreement between the County and the Virginia Dep ent of Health for the Board's consideration. .Supervisor Clarke moved the Board approve the endment to the ..Agreement between the County and the Virginia Departure t of Health. The motion was adopted by a vote of (5-0) with Supervisors M cManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. eoax 21.~0~358 Debbie J. Sivertson, Administrator Analyst, requested the Board's permission to proceed with an application for historic preservation ,grant funds in the amount of $50,000 for the Josiah Pazker Cemetery Project. Supervisor Clazk moved the Board authorize execution and submittal of the application for historic preservation grant funds in the amount of $50,000 for the Josiah Parker Cemetery Project. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting. in favor of the. motion, and no Supervisors voting against the motion. Ms. Sivertson reported that the State Review Board and the Historic Resources Board had approved the Josiah Parker Cemetery to be placed on the Virginia Landmarks Register. ..Donald T. Robertson, Assistant County Administrator/Director of Human Resources, addressed. the Board concerning a proposal fora 457 Plan for County employees. .Supervisor MacManus moved the Board accept the proposal for the 457 Plan out of the carryover funds from the Contingency Account, ef~'ective as soon as practical. The motion was adopted by a .vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. Mr. Robertson addressed the. Board regarding the development: and distribution of an RFP for consulting services to update the County's Pay and Classification Plana Supervisor Bradshaw recommended the County Administrator establish a committee to review the type of plan the County wants. and that it indlude established guidelines and parameters. Mr. Robertson suggested that the matter first be discussed with the Employee Relations Committee; receive their feedback; and, confer -with the County Administrator and .the. Director of Budget and Finance and provide a report to the Board. County Administrator Casket' presented for the Board's consideration recommendations for its organizational meeting .scheduled for January 2, 2003. Supervisor MacManus moved the Board move the time of the Board's organizational meeting from 2:00 p.m. to 4:30 p.m. on January 2, 2003 to include. only items that need to be addressed by the .Board. The motion was .adopted by a vote of {5-4) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting. against the motion. 12 R IL n i~ aoea 21 ~~~r:359 Chairman Claud called for Old Business. A. Nomination of Ragged Island Creek as an Exceptional Waterway Mr. Hartley noted this item was tabled -at the Board's November 'Ty 2002 meeting to allow the County Attorney time to review the matter. He stated the nomination was submitted in 2001 at which time the matter was set aside by the -State Water Control Board. He stated the nomination has - been resubmitted, and the County .has until tomorrow to submit written comments to the State Water Control Board for its consideration. County Attorney Stroman advised -that at -this point in time the ..regulatory authority is focused on point source pollution,. and the Environmental Protection Agency has. not yet, but can recommend in connection with its .anti-degradation policy, to apply those requirements to non-point sources. He stated if the Board takes action now and latex the non-point source does become an issue, the Board will have given up some control over its land use decisions. Chairman Claud stated the change in the regulations that could .prohibit the non-point source discharges in that geographic area does cause him concern, but his fear is also with the unknown. He .stated :once it is done, it can not be reversed, and it can. not. be grandfathered. He stated he does. believe. the County .needs to protect. the creek, .but there are County ordinances and Chesapeake Bay Preservation Area Act regulations, stormwater management phase II, all of which are to protect this area and the other waterways in the County. He stated. he could not see endorsing another restriction when there is not a clear idea what the real efI"ects could be. Supervisor Clark stated he believes the Board should continue to endorse the nomination with the same letter sent before which he believes was watered down, but acceptable as a middle ground for endorsement of the nomination by the Board. He stated he believes the citizens understand what point source and non-point sources are. He stated both are sources of pollution and .degradation to a sensitive waterway. He stated the Board has been advised about how the pollutant levels in that .creek are at levels that border on unacceptable levels, and this body of water needs the Board's help. He stated he believes the- Board has an obligation to the citizens in the County to support this nomination. Supervisor MacManus stated. he believes the Board should. send a unanimously supported response, which was done the last time. He .stated while additional information on non-point sources has been made available, he does have suggested changes that note what has been done by the County 13 eooK 2~ ~~~f ~6Q over the last year which he will offer for Board consideration. He suggested that on Page 2, the first paragraph, second sentence, he would add in front of "established" that the Board, therefore, "already" endorses the protection of Ragged .Island Creek. He stated he would recommend revising the following sentence to read "the designation of Ragged Island Creek as an exceptional waterway would, therefore, be redundant to the beliefs already established as public policy through the Comprehensive Plan and the related County Ordinances." He stated in the-last sentence, "with this understanding" must stand. Supervisor Clark stated he believes the first letter is consistent with the Board's beliefs, but he does have a problem with utilizing the word "redundant" and he believes the Board should leave "consistent." Supervisor MacManus .stated the key issue is for the County not to lose local control over its land. Supervisor Bradshaw commented that while. he is in support of the nomination, he does. have a concern with the unknown. He recommended the County. develop its own program. and place its own designation and requirements on waterways in the County. Supervisor Clark noted the County does not have the manpower and expertise to monitor water quality. Chairman Claud stated if the County's feels it can administer its own. program, why would the Board .designate an area and lose all control by letting the State tell the County what to do, Supervisor Bradby stated he has a special :interest in marine life which begins in the waterways. He stated he supports .whatever can ~be done to enhance marine life. Supervisor Clark moved the Board direct staff to send the same letter, revised only to reflect a modified date and signature of the current Chairman. The motion was adopted by a vote. of (4-1) with .Supervisors MacManus, Bradby, Bradshaw and Clark voting. in favor of the motion, and Chairman Claud voting against the motion. Mr. Rountree stated. the Board discussed at its November 7, 2002 meeting the amendment to the Water, and Sewer .Ordinance at which time .Supervisor Bradshaw requested a report on sewer. connection fees as it :relates to different. building sizes. He stated he has prepared such a report 'for the Board's information based on the request of Supervisor Bradshaw. Mr. Rountree stated regarding the. Board's concern with. the. language. in the amendments to the Water and Sewer Ordinance, he has met with the County Attorney and included in the. amendment are items not previou-sly 14 1 1 eoo~ 21 ~~~=~61 mentioned: He stated under Section 16.1.1, Definition, an equivalent dwelling unit would now apply only to residential units. i~ Chairman Claud noted that the rates charged by the various localities, the City of Suffolk charges the highest of any of the competitors in the region. He inquired if the County wishes to be higher than the City of Suffolk if it is trying to make changes to be competitive. Patrick J. Small, Director of Economic Development, stated. from a commercial standpoint, these facilities are demographically driven and a ten percent (10%) increase over the City of Suffolk- on tap fees will not make the County non-competitive... Supervisor Clark moved the Board direct staff to advertise :the matter.. for public hearing. at the Board's January 16, 2003 meeting. The motion was .adopted by a vote of {5-0) with Supervisors MacManus, Br~dby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Claud called for New Business. 1 i Regarding Mrs. Keen's comments earlier under Citizens. Comments, Supervisor- Bradshaw moved the Board. direct staff to review the Peddler's Ordinance and bring back a recommendation to the Board. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud. voting in favor of the motion, and no Supervisors voting against the motion. Also regarding Mrs. Keen's comments under Citizens ,Comments, Supervisor Bradshaw moved the Board direct staff to evaluate the restrooms at the Nike Fark facility and come back with a recommendation to the Board. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no .Supervisors voting against the motion. Supervisor Clark requested that Ms. Seward provide the Board with a report on cash proffers received by the County for the Eagle Harbor Subdivision at the Board's meeting of December 19, 2002: Supervisor Clark notified the County. Administrator that he' had received a call from' a County resident, Robert Chris, inquiring about the status 'of the real estate tax exemption for the elderly and handicapped. County Administrator Casket' requested Supervisor Clark. provide him with Mr. Chris' telephone number so that he could respond accordingly to him. 15 80Qh ~~rACfJV2. Chairman. Claud noted there is a proposed change to the Uniform Statewide Building Code .that would require Building Off cials to issue building permits for one (1) and two (2) family dwellings within fifteen (15) working days. He stated Loudoun County is requesting other localities to sign a letter to-the Department of Housing and Community Development dated December 5, 2002. on behalf of the County. Supervisor Clark moved the. Board authorize the Chairman to sign the letter dated December 5,.2002. to George Rickman, Department of Housing and Community Development, on behalf of the County. The. motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. Supervisor-MacManus requested that. a column be inserted on the Action List Status Report for the date when feedback or resolution of an item is expected (timeline illustrating when the Board would hear: back on the issue).... Supervisor Bradshaw reiterated his request that when the Board makes a request for ditch cleaning on specific roads or other roadway related items, that these requests need to be included in the list.. /i Chairman C and called for Appointments. Supervisor Bradshaw mooed the Board reappoint Nola Matthews representing the Carrsville District on the Commission on Aging. The motion was adopted unanimously (4-0). Supervisor Clark was absent for the vote. Supervisor. Bradby moved the Board reappoint Elwood R. Whitley representing the Hardy District on the -Parks and Recreation Advisory Committee. The motion was adopted unanimously (4-0). Supervisor Clark was absent for the vote.. Supervisor Bradshaw moved the Board. reappoint Denise Tynes to the Western Tidewater Community Mental Health and Retardation Services Board .(Chapter 10). The motion was adopted unanimously (4-0). Supervisor Clark was absent for the vote. // County Attorney Stroman requested.. a closed session pursuant to Section 2.2-3? 11.A.7 of the Freedom of Information Act concerning 1 1 ~i 11 16 r~ I~ ~oo~ 21 r~~s363 consultation with legal counsel pertaining to actual or probable litigation and under Section 2.2-3? 11.A.1 concerning a personnel issue. Noting the absence of Supervisor Clark, Supervisor Bradshaw moved the Board take a five (5) minute recess. The motion was adopted unanimously (4-0). Supervisor Clark was absent for the vote. Upon returning from a five (5) minute recess, Supervisor Bradshaw moved the Board enter closed session for the reasons previously stated by the ..County, Attorney. The .motion. was adopted by a vote of (5-0) with. Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no .Supervisors voting against the motion. Upon returning to open session, Chairman Claud moved the Board adopt the. following resolution: CERTIFICATION OF CLOSED MEETING WI~REAS, 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 2.2-3712D of the Code of Virginia requires a certification by this Board of Supervisors that such. closed meeting was conducted inconformity 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: MacManus, Bradby, Bradshaw, Clark and Claud NAYS: 0 ABSENT DURING VOTE: 0 1 ABSENT DURING MEETING: 0 /I County Attorney Stroman requested the Board direct staff to advertise a public .hearing on the Wavelength Technologies, LLC proposed 17 E eoo~ 21 ~ac~364 nonexclusive cable franchise agreement at the Board's January 16, 2002. meeting and that the cost of advertisement be borne by the applicant. Supervisor Clark moved the Board direct staff to advertise a public hearing. on the Wavelength Technologies, LLC proposed nonexclusive cable franchise agreement at the. Board's January 16, 2002 meeting, and ..that the cost of advertisement be borne by the applicant. The motion was adopted by a vote of (5-0j with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no .Supervisors voting against the motion. // At 4:50 p.m., Supervisor Clark moved. the Board adjourn its meeting. The motion was adopted unanimously (5-0). Robert C. Claud, Sr., Chairman