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01-16-2003 Regular Meeting
eooM 2~ ~ACr~~8 REGULAR .MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS ,HELD..THE SIXTEENTH DAY OF JANUARY IN THE YEAR TWO THOUSAND AND THREE .PRESENT: Richard K. MacManus, Chairman Stan D. Clark, Vice-Chairman Phillip A. Bradshaw Henry H. Bradby Robert C. Claud, Sr. Also Attending: Jacob P. Stroman, IV, County Attorney W. Douglas Casket', County Administrator Donald T. Robertson, Assistant. County Administrator/Director of Human. Resources Carey H. Mills, Recording Secretary Chairman MacManus called the meeting to order at 6:00. p.m. // Supervisor Clark delivered the invocation. . // The Pledge of Allegiance was conducted. // Supervisor Bradshaw called fora .moment of silence in recognition of the passing of Nelson Carr, Chief of the Carrsville Volunteer Fire Department. I/ Chairman MacManus called for approval of the agenda. Following a request from County Attorney Stroman to add a `closed meeting and County Administrator Casket' to move an item from his section to the presentation section of he agenda, Supervisor Clark. moved the Board :approve the Agenda with the addition of Item # 14, Closed Session, and that -the Virginia VPP Star Recognition item under the County Administrator's section be moved to Item 1 under Special Presentation. The motion was .adopted unanimously (5-0). // Chairman MacManus .called for Special Presentations. 1 .1 1 1 eoa~ 21 ~~~~3~9 Chairman MacManus commented than:- out of the. IO,OOO,U00 businesses in the United States, only 860 have achieved an OSHA (Occupational Safety and Health) star recognition. Bob Caricka a representative with International, Paper, accepted the Resolution on behalf of International Paper. Supervisor Bradshaw moved the Board adopt the following Resolution: ' RESOLUTION TO RECOGNIZE INTERNATIONAL PAPER COMPANY - FOR OUTSTANDING ACHIEVEMENT WHEREAS, the Virginia Voluntary Protection Program (VPP) is designed to recognize and promote exceptional safety and health management programs; and, WHEREAS, the ..Virginia VPP Star award is the highest honor bestowed upon a work site in recognition of workplace safety; and,. WHEREAS, International Paper Company's Franklin Mill .and its Converting Innovation Center have been recognized as Virginia VPP Star- facilities. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the. County of Isle of Wight, Virginia recognizes and congratulates International Paper Company for having two (2) facilities designated as Virginia VPP Star facilities. 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. 1 John Carlock, Deputy Executive Director/Physical Planning, Hampton Roads Planning District Commission (HRPDC), provided an overview of the Phase II Stormwater Management regulations required by the Department of Environmental Quality (DEQ) and the Clean Water Act. Chairman MacManus inquired if there were going to be recommendations forthcoming from HRPDC on the BMP maintenance requirements under the post-construction runoff Mr. Carlock offered to develop recommendations so that the County could move forward with some of the other requirements.. He cautioned against .escalating the County's schedule for its permit, noting that the County would be in violation of the permit should the deadline be missed. 2 804A ~~ rA~'4QU He .stated the .current liability for a violation of the Clean Water Act is $27,500 daily. // Supervisor Bradshaw moved the Board amend its agenda in order to allow the school Superintendent to address items (4) and (5) under the County Administrator's section. The motion was adopted unanimously (5- 0). _ // Dr. McPherson, Superintendent of Isle. of Wight County Schools,: presented his request to revise the purpose of the previously appropriated $650,000 in the FY2002-03 Capital Budget. He stated after evaluating the plan for the Smithfield Middle School, it was determined that these .funds could be better utilized by remodeling the auditorium while still addressing other critical problems in that building. Supervisor Bradshaw moved the Board approve the request of the School Superintendent to revise the purpose of the previously .appropriated $650,000 in the FY2002-03 Capital Budget. 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... Dr. McPherson requested the Board adopt a Resolution to Appropriate $359,675 from the Unappropriated Fund. Balance of the General Fund to the Isle of Wight County. Schools.. He explained that the technology is to upgrade the remedial retrieval systems in the County's schools, which was deleted from the budget last year. He stated -many of the components in .these systems that are currently in the schools are no longer being manufactured, and school staff has proposed that approximately-$275,000 is needed to install a new system which will not require the support needed by the current system: He stated installing an additional bay gat the bus garage would enable ninety (90) passenger buses to be serviced.. He noted that for every two (2} ninety (90) passenger buses purchased, the school system can avoid purchasing one - (1) bus and associated personnel costs and fringe benefits. Supervisor Claud inquired the status of the consolidation of County and school maintenance. Dr. McPherson replied discussions with regards to consolidation are ongoing: Supervisor Claud encouraged County staff to work together with school staff to implement whatever modifications are possible. 3 soon 2i fac:401 1 Supervisor Bradshaw .stated. he is going to maintain the Board's position .that it would not allocate additional funding.. He stated the Board previously denied a request for additional funding from the Clerk of Court, and the funds being. requested tonight are for capital projects within the schools. He recommended the Board place this request on hold until the County determines the outcome of this General Assembly session and that it be reconsidered during the FY2004 budget process. Supervisor Clark noted that. these are funds that were previously appropriated by the Board from a previous budget and carried over. Supervisor Claud noted it has been the policy ofthe Board that when funds were carried over, they would be used. for capital items. 1 Supervisor MacManus stated all previous. requests were for new monies to meet shortfalls from .the State, and this request is for the reappropriation of monies that have already been allocated to .the school system. Supervisor Bradshaw stated -that while the school system has a legitimate concern, there are other departments with legitimate concerns. He noted revenue projections indicate another decrease from the state, and he could .not be in favor. of appropriating funds for one-time projects until the Board has a full understanding of the financial impact to the County of state budget reductions. Supervisor Clark moved the Board approve the following Resolution: RESOLUTION TO APPROPRIATE THREE HUNDRED FIFTY NINE THOUSAND SIX HUNDRED SEVENTY. FIVE DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO -THE ISLE OF WIGHT COUNTY SCHOOLS 1 WHEREAS, during the 2001-02 budget year, the Isle of Wight County Schools did not expend all budgeted funds to be received from local sources by three hundred fi#~y nine thousand six hundred seventy five dollars ($359,675); and, WHEREAS, the balance of the remaining funds in-the amount of three. hundred fifty nine thousand six hundred seventy five dollars ($359,675) has been approved for appropriation from the unappropriated fund balance of the General Fund for the specified non-recurring capital expenses in the 2002-03 School Operating Budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors ©f the County of Isle of Wight, Virginia that three hundred fifty. nine thousand six hundred seventy five dollars ($359,675) 4 \. eooK 21 f~.:~40~^ from the Unappropriated Fund Balance of the General Fund be appropriated to the 2002-03 School Operating 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 and to do all things necessary to give this resolution. effect. The motion was .adopted by a vote of (4-1) with Supervisors MacManus, Bradby, Clark and -Claud voting in favor of the motion, and Supervisor Bradshaw voting against the motion. // Chairman MacManus indicated the Consent Agenda (Item 2) included the following items: Chairman MacManus asked if there were .any items for removal. Action List Status Update After-School Academic Enrichment Program Resolution to Accept and Appropriate $19,000 in Donations From the Camp, Camp-Younts and Ruth Camp Campbell Foundations Resolution to Accept and Appropriate $10,542 From the Virginia Department of Emergency Management for the State and Locat All-Hazards Emergency Operations Planning Grant Program Resolution to Accept and Appropriate $13,761 From the State Department of Health for the Two-For-Life Program Resolution to Appropriate Funds From the Unappropriated Fund Balance. of the General Fund and Accept and Appropriate State Funds for Comprehensive Services Act Expenditures. Deed of Exchange -Certain Real Estate for Rights-of--way and Easements from Wayne .and Margaret Cone to the Board of Supervisors of Isle of Wight County December 5, 2002 Regular Meeting Minutes December 19,2002 Regular Meeting Minutes 1 ~i li ~~ soon 21 ~h~40~ Supervisor Claud moved .the Board approve all items 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. 1 1 // Chairman MacManus called for Transportation Matters. Jonathan W. Hartley, Director of Planning and Zoning,. stated that pursuant to a request from Supervisor Claud concerning the Isle of Wight Transportation ..Committee, staff is developing a transportation. plan in conjunction with the Hampton Roads Planning District Commission (HRPDC). He stated it is the consensus of staff that the Committee of the Chamber of Commerce continue to function as a committee of the Chamber because of the advantage of providing a private sector prospective. Supervisor Claud moved the Board encourage the Committee, in working in conjunction with the Chamber of. Commerce, to continue investigating and. pursuing transportation issues of County-wide concern and that these activities be communicated with the Board and staff to minimize duplication and maximize opportunities to improve the transportation network in 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. Chairman MacManus called for transportation concerns of the Board. Supervisor Clark .moved that the .Board direct staff to contact the VDOT Resident Engineer to discuss. the road surface issue on Merritt Cove (storm water drainage); VDOT maintenance of the ditches parallel to the road and right-of-way; the issue of the lanes on Route 17; and, that Mr. Neblett be advised that he should be prepared to address these issues at his next quarterly presentation 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 Mr. Hartley contact Mr. Hall, a resident of Merritt Cove and contact .person, so that the residents will be .aware of the date that Mr. Neblett will be present to address. this matter. Supervisor Claud requested staff to contact VDOT to determine what needs to be done in order to resolve the issue of DEQ allowing VDOT to clean the ditch on Braswell Drive (Route 700) and.. throw the spoils up on the. field side of the ditch. Supervisor Bradshaw noted that he had been contacted by several citizens .concerning VDOT's attempts to perform outfall cleaning on an 6 eoox 21 ~a~~404 unpaved road, which resulted in the removal of a beaver dam and drained a natural pond and wetlands. He noted staff has received contradictory information from VDOT on what it can. and. can not do, and he has requested .that staff follow up on this matter and keep the Board apprised.... Fallowing Mr. Hartley's ...suggestion that a representative from VDOT's environmental division brief the Board, Chairman MacManus noted it was the consensus of the Board that staff make the necessary arrangements. for such a representative to brief the Board at its February 10, 2003 or March 10, .2003 meeting. Following a request from Supervisor Bradby concerning the status of striping on Fire .Tower Road, Mr. Hartley. advised that VDOT has not responded to staff s written or verbal requests... He noted staff would .continue to pursue this matter until it is resolved. Supervisor Bradshaw noted that the contract for Pruden Road has been awarded /! Chairman MacManus called for Citizens Comments. Supervisor Clark addressed the Board's policy on Citizens Comments, He clarified there has :been no change in the Board's Policy. He stated if the Board can address short issues brought up by citizens with a referral to staff, it does; however, if the issue involves a prolonged discussion, the .Board refers the issue to -New or Old Business so that it can be given proper attention. For clarification purposes, County Attorney Stroman read the Board's adopted policy stating "any items. presented during the.Citizens Comments period will be taken under advisement by the Board for staff review and report at a .:subsequent meeting; however, at the Board's discretion, the Board may discuss any specific issue and respond to any citizen inquiry presented during the Citizens Comments period without obligation to take any immediate action on any issue." /l Chairman MacManus called for the County Attorney's report. County Attorney Stroman presented an Agreement between the Board of Supervisors of Isle of Wight County and the Council of the Town of Smithfield concerning. extension of the existing Agreement which expired an January 1, 2003. The Agreement allows the County to operate under the current arrangement while staff explores the need for -any changes to-the Agreement with respect to water purchases.. He recommended the Board 7 .. ~i ~I 1 ~o~~ zi f~~4o5 approve the Agreement by authorizing the Chairman to sign it on behalf of the County. Supervisor Claud moved the Board authorize the Chairman to sign the Agreement between the Board of Supervisors of Isle of Wight County and the Council of the Town of Smithfield concerning water purchases 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. . County Attorney Stroman noted, as part of the- agenda, he would. later be requesting a closed session pursuant to Section 2.2-3711.A.7 of the Freedom of Information Act for the purpose of consultation with legal counsel and briefings by staff members pertaining to actual or :probable litigation. where. such consultation in open .meeting would adversely affect -the negotiation or litigating posture of the County and under Section 2.2- 3711 A.7 concerning consultation with legal counsel regarding specific legal matters requiring the provision of legal advice by counsel.. County Attorney Stroman advised that James Earl Scott, whose rezoning application is .listed under Old Business, is requesting. it be withdrawn. He advised that any legal issues are now moot. 1 1 County Attorney Stroman indicated that he had sent, under separate cover, a memorandum addressing various legal questions concerning private roads in the County. .County Attorney Stroman indicated that he had sent, under separate cover, a memorandum addressing the issue of noise from all-terrain vehicles (ATV's) which: was raised during Citizens Comments at the Board's previous meeting. // Chairman MacManus called for the Community Development Report. Mr. Hartley- stated that staff, upon advisement by a property owner in November, 2002 in the Cannon Acres Subdivision about a drainage problem,. investigated-and found -that the drainage has eroded the adjoining property requiring substantial cleaning and repair. He stated this was not an easement that was dedicated to the County. He stated staff has requested estimates; however, they were not available from the contractor in time for tonight's meeting. He stated staff intends to develop a policy that .includes how these easements should be addressed; what will be required in the future; and, what some of the other jurisdictions are doing in this regard. 8 aooK 21 r~~-4Q6 Supervisor Clark reiterated that the County needs a policy on accepting drainage easements; the- responsibility that goes along with accepting them; and, how to address manpower. Supervisor Claud agreed with Supervisor Clark and noted. there .will also need to be a line item included in the budget for this expense. Mr. Hartley stated the County currently has numerous easements, .but easements in connectionwith stormwater basinsremain with homeowners' associations.. . Supervisor Bradshaw stated he has many citizens advise him that. the outfall ditches were developed and designed by VDOT, but no easement was ever given and they were abandoned by the State: He stated the County has dedicated easements and easements that citizens. assume are. State or County responsibility. Responding to Chairman MacManus with respect to an anticipated- cast to repair the drainage easement, Mr. Hartley advised that VDOT is estimating the project to be between $4,000 and $5,000. Chairman MacManus suggested future acceptances of additional easements be the responsibility of the homeowners' association. Mr. Hartley stated there could be a problem requiring a homeowners' association to maintain drainage easements where there are so few other public improvements. Chairman MacManus pointed out that Carrollton Manor accepted the financial responsibility of the BMP, and if the County is going to be responsible for a drainage easement, then maintaining it is much .cheaper than going in after it has been washed. out and repairing any homes that may have been damaged. He suggested the County have a maintenance plan for those. drainage easements already owned by the County. Supervisor Claud moved that the Board direct. staff,. in conjunction with .the Planning. Commission, to develop a policy addressing the issue of drainage easements and the responsibility associated with maintaining and repairing these outfalls and present recommendations back tothe..Board for consideration.. 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 advised that he would. be bringing the cast estimates for the work in Cannon Acres back to the Board. 11 1 1 9 eooa 2i ~~~~40? I~ Supervisor Clark requested Mr. Hartley advise the affected property owner of the. Board's discussion and action taken tonight with respect to the drainage problem in Cannon Acres. Mr. Hartley extended an invitation from the Planning Commission to the. Board for them to tour the Port Warwick project on Friday, February 7, 2003. at 10:00 a.m. He noted staffplans to leave the Courthouse at 9:00 a.m. and requested interested Board members advise him so .that he could make the appropriate transportation accommodations. . // Chairman MacManus called for the Parks and Recreation Report. 1 Alan S. Nogiec, Director of Parks and Recreation, stated the expansion of the YMCA will require the- development of a primary access from Cary Street into the parking lot and the YMCA has agreed to include the relocation of the tennis courts into their renovation program. He stated it is proposed that the tennis courts be relocated to the area between the end of the existing entrance to -the Community College and the gazebo. Chairman MacManus inquired if there would be a .period of time that. the tennis courts would not be available for use by the citizens. Mr. Nogiec replied "yes". He noted that the time period would depend upon the construction schedule. Supervisor Bradshaw moved the Board approve the relocation of the Riverview Park tennis courts to the area designated and directed the County Attorney to prepare an agreement to include a minimum of the following conditions:. 1) tennis courts will be built to specifications provided by the Department of Parks and Recreation for courts that are comparable to the existing facility; 2) YMCA will. assume full financial responsibility- for the relocation. of the tennis courts; 3) construction of the tennis courts will be .supervised by representatives of the Department of Parks .and Recreation and the Department of Public Works; and, 4) construction of the tennis courts will occur during the same time period as the other elements of the YMCA renovation. 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, Nogiec stated revenues are increasing. at the Isle of Wight/Franklin Skating Rink, with a good portion of the cost to pave the parking lot being donated: He recommended the Board sign the contract with Blair Brothers, Inc., upon. the review and approval of the County Attorney. County Attorney Stroman inquired if all of the funds that are necessary for this contract have been appropriated and in the. current budget. 10 eaoK 21 {~~~408 Mr. Nogiec replied "yes." Chairman MacManus inquired if any of the funds would be coming from the City of Franklin, one of the primary users of the skating rink. Mr. Nogiec replied not at this time; however, the City of Franklin is working in ..conjunction. with the Department of Parks and Recreation in promoting the skating rink through their PEG channels. Supervisor Clark moved the Board authorize the Chairman to sign the contract on behalf of -the County with Blair Brothers, .Inc. for the skating rink parking lot paving project with. a base bid of $71,478, subject to the review and ,approval of 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. Mr. Nogiec stated staff recommends. the Board grant the previous request from a representative of the Windsor Athletic Association that the County transfer a portion of property from the Central County Park to the Windsor Athletic Association. County Attorney Stroman advised that a public hearing. will be required if the County. intends to dispose of its own property, and after the public hearing is held, he would proceed. with preparing .and recording a Deed. Supervisor Claud moved that the Board authorize staff to advertise the matter -for public hearing at the Board's February 20, 2003 meeting. 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. Nogiec informed the Board that. the County Fair poster won a blue ribbon at the Virginia Association of Fairs Communication.Awards'Program. /! 1 At 7:00 p.m., Supervisor Bradshaw moved the Board amend the order- of the. agenda. in .order to conduct the public hearings. The motion was adopted unanimously (5-0). I/ Chairman MacManus called for a public hearing on the following: 11 SOON 21r~~;4~9 A. :Flood Reclamation CDBG Community Improvement Grant Amendment for Improvements to the Zuni Water System 1 Ms. Walkup noted. no action is required by the Board tonight other than to hold the public hearing and receive public comments regarding the grant amendment to use the .remaining unencumbered funds to make additional improvements to the Zuni water system. Chairman MacManus called for persons to speak in favor of, or in opposition to, the CDBG. i~ 1 No one appeared. Chairman MacManus closed the public hearing. Chairman MacManus called for a public hearing on the following: B. An Ordinance to Amend Chapter 16.1 Water, Article 1, In General: Article 11, Meters, Article 111, Billings; and Article IV, Connections E. Wayne Rountree, P.E., Director of Public Utilities, stated that the Ordinance is an amendment to establish a series of connection -fees based on meter sizes for commercial, industrial, and institutional water connections. He stated there. are other items .that are for clarification purposes or housekeeping items. Chairman MacManus called for persons to .speak in favor- of or in opposition to the proposed Ordinance. No one appeared.. Chairman MacManus closed the public hearing and called for comments from the Board. Supervisor Bradshaw recommended there be a separate connection fee for the extreme southern portion of the County due to the direct competition with the City of Franklin and Southampton County. Supervisor Claud moved the. Board adopt the following Ordinance: Article I. In General '` Sec. 16..1.1 Definitions. Unless the context specifically indicates otherwise, the meanings of terms used in this chapter shall be as follows: 12 eoa~ _ 21 {~^:410 E9uivalent dwelling unit EDU : The conversion, with respect to water consumption of multi-residential se~~e~sia~, sN~l connectors into their residential equivalents on the basis of water use established for a living unit consisting of three and five-tenths (3.5) . persons. Article II, Meters Table 16.19 Bi-Monthly Water Usa e~ Charges Meters up to and including 3/, inch Metered $40.00.+ $2.00 per TG>6TG<12TG +$3.00 per TG>12TG ' Unmetered $32.00 Meters 1 Inch and Larger 1 inch. meter. $56.00 + $2.00. per TG>6TG<12TG +$3.00 per TG> 12TG 1-1/2 inch meter $63.00 + $2.00 per TG>6TG<12TG +$3.00 per TG> 12TG 2 inch meter $86.00 + $2.00 per TG>6T~ 12TG +$3.00 per TG> 12TG Larger than 2 inch to be determined by the County. Where a hd11F-ate master meter is serving more than one EDU, the rate shall be as noted above depending on the meter size plus. $10.00 per month per EDU plus $2.00 per 1,000. gallons for all over 3,000 gallons but less han 6,000 gallons and $3:00 per thousand gallons for all over 6,000 gallons per month times. the number of EDUs served. Notes:. 1) TG: Thousand gallons, or portion thereof 2) >: In excess of 3) Unmetered customers, when they become metered,- -will pay metered charges in effect of the time for their location or meter size 4) <: Less than ARTICLE III. BILLINGS 1:3 1 i BOGh ~,;~~ 21 _411 Sec. 16.1.11. Generally. (a) All .accounts shall be billed on a cycle of approximately sixty (60) days. Bills for water supplied, including charges for sewage disposal service and utility taxes based thereon, if any, are due and payable upon presentation. If not paid within fifteen (15) days from billing date, a second billing notice shall be mailed with a note added that water service will be shut off if payment is not received in ten (10) days; If payment is not. received within the. ten (10) day period, the County ~~i~~-eptie~, shall apply any deposits currently being held to the outstanding balance. due and discontinue water service until.. payment of all outstanding. balances, including a new deposit is paid in full. Sec. 16.1.12. Service disconnection (a) When water service to any premises has been disconnected by the County, for any reason, water service shall be reconnected only by an authorized representative of the County. If water service is disconnected for nonpayment of a County utility billing as provided in section 16.1.11, then a thirty .dollar (530.00) penalty shall apply for each disconnection in addition. to the payment of .the outstanding water bill by the customer to the County, and the water service customer shall pay a deposit, as specified in section 16.1-17. If water service to any .location is reconnected without express authorization by the County, in addition to any Legal remedy which .the County may pursue -for such illegal reconnection, then an additional thirty-dollar 030.00) feefor a lineinspection shall- apply. The payment of said. line inspection fee shall be in addition to any €ree .fine or settlement secured as a result of any such legal action; .Sec. 16.1.15. CharEes generally. (a) .Prior to the connection of any premises, building or dwelling unit to a County water. main, the applicant shall. pay an installation/connection fee. Except as provided herein, the .following installatonlconnection fees shall applY~ Meter Size 5/8 & 3l4 inch County Installed Fee $4,000.00 14 soon ~~. {acs412 ~ inch 6,300.00 1-I/2 inch 9,900.00 2 inch 15,200.00 When the'. size of the connection exceeds .the sizes set forth above, the' applicant shall be required , to pay an installation/connection fee as determined bythe County; (b) For new developments in which the required water system and related appurtenances have been installed by the owner/developer and in which the ownership of the water system and .related appurtenances has been conveyed to the County, up to .and :including two (2) inch, the owner/developer. shall provide to the Caunty the required number of water meters at the appropriate sizes and types specified by the County for future installation by County .forces. Such meters shall be delivered to a location designated by the County. For all such connections above two (2) inches, the meter shall be installed by the developer, pursuant to County specifications. Upon completion of the installation, the developer shall notify the County for inspection and activation of the meter. (c) When application for service, including payment of fees, for e existing single-family residential services is made within ninety (90) days after receipt of official connection notice, the connection fees due. will be reduced to one- third (I/3) of the amounts in subsection {a). of this section. (d) When the application for residential connection is made within ninety (90) days. of receipt of the official notice, the applicant may pay the connection charge at a .rate of twenty percent (20%) (minimum) .down, paid. at the time of making application .and the remainder to be due and payable in .equal bi-monthly payments over atwo-year period, together with interest thereon at the rate. of eight (8) percent per annum. Application for installment. payments shall only apply to residential connections and must be .made during the initial .ninety-day period. Installment payments due shall constitute a lien against the property. Surety shalt be in a form acceptable to the County Attorney. A contract for payment of the connection- fee on an installment basis must be signed by both the property owner and the County. Failure of the property owner to pay the installment when -due shall cause the imposition of a penalty of bne and. one-half (I 1/2) percent. per month and the County may, at its option, upon such failure declare the entire outstanding balance to 15 Ba~K 21 r~~:413 be due and payable along with any expenses incurred by the County in the collection thereof. Failure on the part of the property owner to pay the installment when due shall also prejudice the property owner's right to finance any additional connection fees on an installment basis. Upon execution of the installment contract between the County and the .property owner, the .County shall cause the property owner to be billed on a periodic basis- and provide for the collection thereof. Payment by the property owner must be no less than -the amount billed but may 'be for the. full amount outstanding. Partial payment for the minimum amount billed will not be accepted nor will partial payment for any outstanding balance be accepted. (e) No connection fee shall be required when connection is to be made to an existing service previously used by another building when no work is required by the County to ready said service for connection. (f) .The connection fee for projects served by a master meter shall be: ~__ Single-family, duplexes, houses, .apartments, condominiums, mobile home parks, travel trailer parks, and other multiple residential facilities. Connection fee (a) for the first dwelling unit or equivalent plus $4,000 for each additional dwelling unit or equivalent dwelling unit. (g) The. connection fee for commercial, industrial, .and .institutional projects served by a single meter shall be: 5/8 &'/. inch $ 7,850 1 inch $ 12,600 1 '/: inch $ 24,000 2 inch S 38,000 3 inch S 68,000 4 inch $114,000 The motion was adopted by a vote- of (4-0) with Supervisors MacManus, Bradby, Bradshaw and Claud voting in favor of the motion; no Supervisors voting :against the motion; and, Supervisor Clark absent for the vote. Chairman: MacManus called for apublic -hearing on the following: 16 eoaw 21 ~acs414 C. -Proposed Nonexclusive Cable Franchise Agreement between Isle of Wight County and. Wavelength Technologies; LLC County Attorney Stroman fated the public hearing. has been duly advertised and is a request for anon-exclusive cable franchise agreement from Wavelength Technologies, LLC to provide cable television service to a - limited geographic area, consisting of the subdivisions of -Eagle Harbor, Gatling Point and Founders Point. He stated the agreement is for a fifteen (15) year term and the franchise fee is an amount. equivalent. to 5% of the gross revenues. He stated one (1) educational channel is proposed, as well as two (2) government channels. Chairman MacManus called for persons to speak in favor of or in opposition to the proposed franchise agreement. Grig Scifres, an attorney .with Williams, Mullen, Clark & Dobbins, representing Wavelength .Technologies, LLC, stated the proposal is for a - limited service area in Gatling Point, Eagle Harbor and Founders Point for cable television and high-speed Internet data services. He stated the services .include bundled media services; digital and regular cable television; broadband Internet services; a-mail; and, community Intranet. He stated the. .applicants propose to install their head-end equipment on property located in the Eagle Harbor. Subdivision and the co-axle cable will be directional drilled underground causing limited disruption to the surrounding yards. He stated the advantageto a hybrid fiber co-axle .cable system being installed is that as technology changes and new products and services become available, ..only the- new fiber needs to be dragged through .the cable; the ground does not have to be disturbed again; and, there is note a lot of capital cost to upgrade the system. He stated the services consist of both analogue. and digital cable television ranging from basic to premium packages. He stated the approval of this, franchise, wilt provide the highest technology available for these new communities, and it will prevent the County from losing revenue as there are a number of residents now opting to switch to satellites due to their dissatisfaction .with Charter Communications. He stated the hybrid fiber cable network also allows for upgrade. as technology changes; competitive pricing;- and, a much better product line of services available for the residents in the County. He requested additional time at the end of the .public hearing to address any .questions that may arise following hip comments. 'Matt Favre, Director of Operations, Charter Communications, stated Charter is not .against Wavelength receiving a competitive franchise as Charter currently competes in several markets against other cable operators. He stated Virginia state law stipulates thaf franchising. authorities grant franchises under a level playing. ground. He stated red-lining of areas_ because: an operator selects a specific income area to service,. and wilt not service the rest of the County, :causes an undue burden on Charter where it is forced to service the other areas of the County at lower density rates .and 17 80U~ ~~ ra~:'~~5 rural areas that it agreed to service when it built its full service system. He stated when Charter must give.. up potential revenues from high-income areas, it will cause an undue burden in some of the lower income areas that Wavelength can service now as they are .located around the corner from what is being proposed. He stated it is critical that the Board not permit a cable operator to service .only -the most lucrative areas. He requested the Board- to ensure that Wavelength can demonstrate that its experience, ~ financial, technical and legal qualifications can do the job. . Chairman MacManus closed the public hearing and called for comments from the Board Supervisor Claud inquired what other areas would Wavelength serve other than- the areas designated in the County. Attorney Scifres stated that- initially Wavelength will serve only those three (3) subdivisions. He noted in order to serve any other area within the County, Wavelength would be required to request the County expand the franchise area and amend its franchise agreement. Supervisor Claud inquired what would happen to the head end plant should the business be unsuccessful. Attorney Scifres stated the financial information and projections of the company illustrate ample profitability to warrant the capital investment made. He stated there is little, if any, risk to the County should the business fail, as the transmitter building and antennas are located on a small parcel of properly that can be easily removed. He stated the United States was founded on people taking risks and starting new ventures, and this is exactly what these applicants are attempting to do. He stated if the Board accepts Charter's argument, then the only competitive cable company that will be allowed in the County is one that has to build out the entire County. Supervisor Bradshaw inquired if Wavelength fails to provide service to-the citizens, what recourse does the Board have. Attorney Scifres stated 'that the Federal government has regulations that detail specific levels of service -and the proposed franchise agreement stipulates. -that if the applicant does not meet those requirements, then there is a default under the franchi a agreement and the County can terminate the franchise. Supervisor Bradshaw noted that if the franchise is terminated,.then the citizens would not have service because the proposed franchise agreement does not make the franchisee responsible for replacing the. service. 18 eooK 2~. <acr416 ..Attorney Scifres pointed out that while Supervisor Bradshaw's statement is true, it is also a consumer's right to discontinue service at any time if he is dissatisfied and obtain services. elsewhere. Supervisor Bradshaw inquired if Wavelength would have the authority to change its rates at any given time. Attorney Scifres stated "yes", but Wavelength would be constrained to certain market factors on what can be charged for services. 1 .Supervisor Brady inquired if Wavelength has ever serviced any other area than what is being proposed in the County. Attorney Scifres .stated the applicants have never operated a cable network previously; however, they do have years of experience in installation of the infrastructure for the network. Chairman .MacManus inquired if Gatling Point is considered one (1) development. He: noted that Gatling- Point and Gatling Point South .are two. (2) separate developments, but Wavelength only mentions Gatling Point. Randy Lawhon, .Director. of .Sales and Marketing for Wavelength, explained that Gatling Point does have two (2) .separate homeowners associations and when he originally spoke with the. developer, it was referred to as Gatling Point only. He stated he has spoken with both homeowners as.~r~ciations and both are on-board. Attorney Scifres stated it has. always been Wavelength's intent to service both subdivisions at Gatling Point, as well as all phases and sections of Eagle Harbor and. Founders Point. Chairman MacManus stated the public notice only referenced Gatling Point and .requested ,the County Attorney follow-up on any legal issues resulting from this. He ..inquired if there are any provisions of bonding for removal of the equipment should. the franchise fail. Attorney Scifres stated there are no bonding provisions included in the franchise agreement. that is being proposed, 1 .. Chairman MacManus inquired how the County could be assured that Wavelength. won't run in the red because- it will not be able. to get the revenue. stream needed to of~'set -its. debt. He noted the projections being presented are highly optimistic. Attorney Scifres stated. the fnancial model is based on phasing information received from. the developer as to when homes are expected to be brought online and the conservative market penetration that is provided 1 19 11 11 i - ~ j 8~0~ ~~ t'~iii ~~~ by the industry. He noted the applicants consider the projections to be very conservative. Supervisor Bradshaw clarified that the franchise agreement stipulates than the applicants would have to remove the ,entire system- should the. business fail. Attorney Scifres stated very little of the system is lacated in the public right-of--way and is located underground with the exception of the head end equipment. He reiterated. that there is not much for- the County to worry about if the business fails. Supervisor Bradshaw inquired if the business .fails, who would be liable for the failure of the franchise. County Attorney Stroman advised that if the business fails and the applicants have an inability to carry out the agreement under the franchise, then the agreement would be terminated. County Attorney Stroman requested that Attorney Scifres comment on the issue that arose earlier during the .public hearing with respect to what would happen. if the business.- was sold and whether or not there is a provision for that in the franchise agreement. Attorney Scifres stated the provisions in the franchise- agreement provide that before Wavelength can legally propose to sell its business to another party, Wavelength must seek the Board's approval if the buyer is an acceptable .buyer as a replacement operator. He stated the Board has the right to request whatever information its desires to make such an evaluation and the right to advise whether the buyer is acceptable or not. County Attorney Stroman .inquired what if it is Wavelength's judgement that the Board's position is unreasonable. Attorney Scifres replied that there could be a dispute if it is felt the Board's. position is unreasonable. ~i County Attorney Stroman requested: Attorney Scifres to comment on the level playing field issue with respect to expansion rather than geography.. County Attorney Stroman stated .that he understands under the franchise agreement there would be no .obligation to expand into adjoining neighborhoods that meet the density requirements of the existing cable franchise agreement.. Attorney Scifres stated there is nothing of that nature currently in the proposed franchise agreement. eoob 21 >AC:418 County Attorney Stroman stated with respect to the level playing field ..issue, the key issue is Wavelength's potential obligations versus Charter's. Attorney Scifres stated Charter has a franchise for the entire County and Wavelength's proposal is a franchise area for a much smaller portion of the County. He stated Charter's position is that the only way the Board can issue. a franchise to any other competing cable company is that it has to build out an identical system to the one that Charter has. in place today. He stated this is incorrect under Federal law. County Attorney Stroman referenced Section 1.3 of the proposed franchise agreement that addresses the Eagle Harbor, Gatling Point and Founders Pointe.Subdvisions. He stated it appears that regardless of the densities in adjoining areas of those neighborhoods, there .would be no obligation for Wavelength to expand service beyond the boundaries of those platted subdivisions. Attorney Scifres confirmed this is correct. County Attorney Stroman mentioned that Gatling Point -and Gatling. Point South. are separately.. platted subdivisions, and if the Board were to approve the franchise agreement; then the Board would need to address this - as the way the contract is drafted because he does not believe Gatling Point South is included. County Attorney .Stroman .inquired if Attorney Scifres wanted to add anything under Section 4.1..3 concerning adequacy and feasibility of the licensee's construction arrangements. Attorney Scifres stated the installation of the infrastructure would be performed by Computex, which. has .installed these types of systems fora number of yearn for the Federal government, as well as private parties: He stated a level playing field is slang to refer to the statutes of most states that it is permissible to -allow competing franchises; however, you can't discrimin ate on e 1 versus th O a other. He stated rt clearly is not intended to state you must .cover the same geographic area, and the Federal law states that- -all of these statutes have: to be interpreted to promote competition, not to restrict competition. He stated- within the services areas that the franchise grants, the Board can not grant .one (1) ..franchise agreement that is more burdensome or more favorable than a competitor's.. He stated within Wavelength's proposed service area, it would have the capability of serving every home that is built within the proposed-service area. .Supervisor Clark stated the Board has requested Charter provide public access channels and to provide .service to a much. fewer number of homes .per linear mile; however, the Board. is .not doing this with Wavelength.... Attorney Scifres replied that if the Board is not requiring Charter to serve every home within its territory regardless of density, that agreement is 21 ~ .. _ _- .. ,~ J 1 800p ~~ rA~~19 less burdensome than the proposal of Wavelength because it is proposing to serve every residence within its territory, regardless of density. County Attorney Stroman stated Wavelength did submit two (2) financial items for the fiscal years ending December 31, 2003 through.. December 31, 2006. He stated the issue. is whether this proposed agreement is more favorable or less burdensome than the existing cable. franchise. He stated there is a provision in .the ordinance under Section 4.1-6 wherein Charter will extend into the County from any cable television system operated by it or its assignees where it is economically and technically feasible to do so. He stated Wavelength and Charter have submitted four (4) legal memoranda, and the issues are complex in that there is no Virginia case law to guide the attorneys. He recommended the Board table. the matter until its February 20, 2003 meeting to allow hirn an opportunity to provide the Board with a report on any pertinent legal issues pertaining to the application. Supervisor Bradshaw inquired if it would be appropriate for the Board to request. a legal opinion from the Attorney General. County' Attorney Stroman stated time is an issue, as .sometimes an Attorney General's opinion can take months or years. In addition, questions are. not always answered directly. Supervisor Clark .moved the Board table consideration of .the Ordinance until the Board's February 20, 2003 meeting. 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 suggested that the Board's Telecommunications Committee, meet one (1) .week prior to the meeting to review the matter. County Attorney Stroman noted he would send any relevant information to the Committee prior to its meeting. Chairman MacManus called for a public hearing on the .following:. 1 D. The application of Carson and Margaret Whitley (Carson Whitley Estate) for a change in zoning classification from RAC to Conditional. Suburban Estate, 2.768 acres of land located on Green Oaks Lane, south of Carrsville Highway (Route 58) in the Carrsville Election District. The purpose of the application is for one single-family residential lot. Mr. Hartley noted there is a proffered condition of no further subdivision from the parcel proposed for rezoning. 22 BOOK G~rA^i4~0 Chairman MacManus called for persons to speak in favor of or in opposition to the application. Margaret Whitley, the applicant, requested the Board approve the application... Andrew Perkins requested the Board approve the application. . Chairman MacManus closed the public hearing and called -for ..comments from the Board. Supervisor Claud noted that the entire parcel contains 22.09 acres. He .inquired if the rezoning is approved by the. Board, would the applicant have. the ability to create an additional .lot without a rezoning from the residue. Mr. Hartley explained there is a twenty-two (22) acre. parcel containing one (1) home. He stated .the applicant is proposing to subdivide ..the house from the 2:7 acres, leaving a nineteen (19) acre residue on which the applicant can then build a home, assuming there is a suitable site on the residual nineteen (19) acres... Chairman MacManus inquired if .there was a reason offered to the Planning Commission for not providing cash proffers. Mr. Hartley replied- "no," although the. issue of cash proffers -was discussed. Supervisor. Bradshaw stated this is not a new residence as it has been there for thirty (30) years. Supervisor Claud pointed out there have been other applications where a lot was carved out from a farm and there were cash proffers made, such as the application on Orbit Road. Mr. Hartley stated a cash proffer was offered when -the Board considered a rezoning in Collosse when a home was cut out of a large parcel. Supervisor Clark stated the Board must be consistent if it is concerned with adequate public facilities and schools. .Supervisor Bradshaw moved the Board approve .the application of Carson. and Margaret Whitley. The motion was defeated by a vote of (3-2) with Supervisors MacManus, Clark and .Claud voting against the motion, and Supervisors Bradshaw and Bradby voting in favor of the motion. Chairman MacManus called fora .public hearing on the following; 23 aooK 21 fh~:421 E. The application of Walter E. Banks to amend Conditional RAC zoning of 3.3 acres of land located on the east side of Smith's. Neck .Road (Route 665) south of Green Acres Lane and north of Bubble Gum Lane, in the Newport Election District. .The purpose of the application is for uses allowed in the RAC zone, as conditioned. .Chairman MacManus called for persons to speak in favor of or in opposition to the proposed application. Walter Banks, the applicant, .requested the Board approve .the application. Chairman MacManus closed the public hearing and called for comments from the Board. Supervisor Claud moved the Board approve the. application of Walter E. Banks, as conditioned by the Planning Commission that at the time the son does not occupy the mobile home that it would be removed.. 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 MacManus called far a public hearing on the following: F. .The application of Marion A. Wise for a Conditional Use Permit to locate a 120 feet high amateur radio tower. on three (3) acres of land located at 18256 Muddy Cross Drive, Smithfield, in the Windsor Election District. Chairman. MacManus called for persons to speak in favor of or in opposition to the proposed application. Marion Wise, the applicant, requested the Board approve the application so that he can install a tower and continue his public service work. Chairman:. MacManus ,closed the .public hearing and called for comments from the Board: r'. Supervisor. Claud noted that there is a home under construction less than 400 feet away. Mr. Hartley stated staff has. received a letter from- the property owner who is not opposed to the installation of a tower. Supervisor Claud moved the Board approve the application of Marion A. Wise and grant the waiver for all three (3) exceptions noted in 'the 24 BOOK 2~ ~Ar'4~~ Ordinance, specific to the applicant. The motion. was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Bradshaw and Ciaud voting in favor of the motion; no Supervisors voting against the motion; 'and, Supervisor Clark absent for the cote. Chairman MacManus called for a public hearing on the following: G. The application of Grady A. Parker for a Conditional Use Permit to allow his son, Curtis Parker, to occupy a mobile home on five (5) acres of land located at 1941.8 Tomlin Hill Drive Zuni, in the Carrsville Election District. Chairman MacManus called for persons to speak in favor of or in opposition to the proposed application. . Grady A. Parker, the applicant, requested the Board approve the application to allow the location of a mobile home for his disabled son. Chairman MacManus closed the public hearing and called f©r comments from the Board. Supervisor Bradshaw moved the Board approve the application of Grady A. Parker,. as approved by the Planning Commission. 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. 1/ Supervisor Bradshaw moved .the Board take a five (5) minute break before returning to the regular order of the agenda. The motion~was adopted. unanimously {5-0). // Chairman MacManus called for the County Administrator's report. County Administrator Caskey presented a Resolution of Support for House Bill .1397 for the Board's consideration dealing with .equal powers of .taxation,. Supervisor Bradshaw moved the Board adapt the. following Resolution: RESOLUTION OF SUPPORT FOR HOUSE BILL 1397 25 eooK 2i ~~c:423 WHEREAS, sixty-two (62) percent of the revenue generated by Virginia's local governments to pay for -local services is generated at the local level; and, 1 . WHEREAS, seventy-five (75) percent of this local revenue is derived from four (4) sources: the rear estate tax, the personal property tax, charges for services, and the sales tax; and, WHEREAS, the real estate tax makes up the largest portion of local revenue at forty-three (43) percent of the total; and, .WHEREAS, in Isle of Wight County the real estate tax comprises forty-three (43) percent of locally generated revenue; and, WHEREAS, because .counties have very few unrestricted revenue options available, the burden. to balance county budgets often falls on :he real estate tax; and, WHEREAS, counties in Virginia need to ;diversify their revenue base to reduce the burden on the real estate tax; and, WHEREAS, Section 15.2-.1104 of the Code of Virginia sets. forth the financial powers of cities .and towns but counties do not have comparable language in the code; and, WHEREAS, Section 15.2-1104 of the Code of Virginia therefore allows cities and towns to raise taxes and assessments on property, persons, and other subjects of taxation that are not otherwise prohibited by law and the practicai application of this results in the ability of cities and towns to levy cigarette taxes and .admission taxes, levy transient occupancy taxes without a cap or restrictions, and levy a meals tax without a cap and without holding a voter referendum; and, WHEREAS, Section 15.2 of the Code of Virginia should be amended to grant counties the same powers of taxation as cities and towns;. and, WHEREAS, HB 1397 (Hull) amends. Sections 15.2-204 and 15.2- 1200 of the Code of Virginia to grant counties the same powers of taxation as cities and towns. NOW,. THEREFORE, BE IT RESOLVED that .the Board of Supervisors of the County of-Isle of Wight supports HB 1397 and urges its General Assembly delegation to support HB 1397. in the 2003 General Assembly. 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. 26 save 21 fai:~424 County Administrator Caskey presented a request for a capital contingency allocation for the court security improvement project. Supervisor Clark moved, that the Board approve the allocation. of $6,700 from the Capital contingency account. for the completion of the. Court Security Improvements 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. County :Administrator Caskey stated each year the County receives Federal funding through the HOME program .for the purpose of creating affordable housing opportunity for low to moderate-income families. Supervisor Claud moved that the Board authorize staff to process the applications for down payment assistance. 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. .County Administrator Caskey recommended that the Board defer discussion on the item contained in the agenda regarding a Cash .Proffer Study. Supervisor Ciark noted at the Carrollton-Civic Association meeting it was requested that when. the Board considers updating its cash proffer study that it keep in mind the cost associated with new personnel' in the Department of Planning and Zoning and other support staff in other.County ofFices. Supervisor Bradshaw moved the Board defer action for future response back from staff on how to best .approach the matter, as recommended by the .County Administrator. 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. County Administrator Caskey ,requested the Board provide staff direction on when and where it would like to hold its Annual Town meeting. Supervisor Ciark moved the Board .direct .staff to take appropriate action to reserve the. Smithfield- Middle School on Saturday, February 8, 2003 from 10:00 a.m. until 12:00 noon for the .purpose. of conducting the. annual Town Meeting. The.. motion was adopted by a vote of (5-0) with Supervisor's. MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. // 27 BooK 21 ~~~:425 1 1 .Chairman MacManus called for Old Business. A. The application of James Earl Scott for a change in zoning classification from RAC to Conditional CC, approximately-1.5.2 acres of land located on the west side of :Carroll Bridge. Road (Route 654) south of Uzzle's Church Road (Route.692).in the Windsor election District. The purpose of the application is for two (2) single-family residential lots, as conditioned.: (Tabled December 19, 2002). County .Attorney Stroman noted that the applicant had requested his . application be withdrawn, and no action by the Board was necessary: B. SPSA Recycling Alternatives (Tabled January. 2, 2003). - Chairman MacManus stated the- Board currently has $35,721. in its .budget for curbside recycling of 2,800 homes and eleven (11) drop-off centers. He stated that the Town Councils for Smithfield -.and Windsor indicated that a majority of the homes are within their jurisdictions, and they- would like to-send out a survey to determine whether or not the citizens are willing to absorb the cost of $ l .25 per month for the current curbside service or $3.00 for the automated service. He stated if the citizens do agree to do thus, then the Towns would arrive at a mechanism either to pay out of their current generaC revenue funds or add it as a separate line item, by separate ordinance, to the water and sewer bills where they charge the communities that would want to proceed in that direction. He stated the County also has communities that. are receiving curbside service -and the Board must decide on how to proceed in the future. He stated he advised the Towns of Smithfield and Windsor that he would be .indicating to the Board that he .believes it appropriate for the County to provide them time to resolve this matter and determine whether they want to absorb the cost and continue receiving recycling benefits or drop recycling in the future. He proposed that the .County provide a six (6} month funding for the continued curbside service to allow the communities to take appropriate action and put the necessary ordinances in place to absorb the cost impact. Chairman MacManus' recommended that staff provide the Board with a draft policy outlining. how communities can be handled that approach the Board asking it to retain recycling so that the costs are borne by those communities. 1 .Supervisor Claud requested. the policy address eligible participants and any associated cost. -The Board noted its consensus that the Board is willing to support the concept of moving forward and provide a six (6) month funding of the 28 eooK 2~ t~e:~26 continued curb-side service to allow the communities to take action and put ..any necessary ordinances in place to absorb that cost impact. Supervisor Bradshaw moved that the Board direct the County Administrator to develop a recycling policy statement for the County. as discussed over the last several meetings as a guideline for development and present the Board with a revised Strategic Plan outlining the limitation of resources in developing. the recycling plan. The motion was adopted by a vote of (S-0) with. Supervisor's MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. C. Resolution to Accept and Appropriate $28,221 from the State Department of .Fire Programs for -the Fire- Funds Program (Tabled. January 2, 2003). Richard.0. Childress, Director of Emergency Management, stated that the Fire and Rescue. Association, at its January 7, 2003 regular meeting, .voted to have this year's disbursement divided as it has been since inception of the program and that the`Fire and Rescue Association look at how the funds are divided up again at its next regular meeting .with each member fire.. department's .ideas. and input.. He noted no action is required by the .Board tonight as the Resolution,, which was adopted by the Board at its October 17, 2002 meeting, already provided for this disbursement. D. Tax Exemption. Proposal for Kenneth W. Pretlow Cultural Center. - County Attorney Stroman distributed supplemental information to the Board advising of necessary steps to be undertaken with respect to the tax exemption proposal for. the Kenneth W, .Pretlow Cultural Center. He requested the Board authorize him to correspond with Ms. Goss and provide. her with guidance on the steps that need to be undertakenin-this regard. Supervisor Clark .moved the.. Board direct. the County Attorney to .gather additional information, as required by the Code of Virginia, for designation. of .organizations exempt from real estate taxation. 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 MacManus. called for New Business. Donald T. Robertson, .Assistant County Administrator/Director of Human Resources, distributed a Board report addressing the threshold ~ 1 1 29 eoaa 21 r~~~427 which quantifies the need for additional personnel within the Inspections Department. 1 Arthur E. Berkley, Superintendent of Inspections, advised the-Board that 1,100 units are projected to come on line. over the next twenty-four (24) months in the Town of Smithfield and. the northern end of the County. County Administrator Caskey advised that, if the numbers for January support moving forward with the hiring a new Inspector, staff would proceed accordingly. Anne F. Seward, Director of Budget and Finance, reported that the County has received an upgrade in its bond rating,-which :will assist the County in its bond sale anticipated on January 30, 2003. Supervisor Claud noted. a conflict with the times scheduled for the Board's February 10, 2003 and. March 10, 2003 and moved the Board change its meeting times on February 10, 2003 and March 10, 2003 from 2:00 p.m. to 5:30 p.m. The motion was adopted by a vote of (S-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Claud commented that there are a number of adequate public facility bills introduced in the General Assembly and most deal with communities with a population of SS,000 or more. He noted there is a hearing on January 21, 2003 on the House bills and on January 28, 2003 on the Senate bills. He also requested the County Administrator follow-up on the bills introduced on the cigarette tax and find out the dates when they will come before a committee so that .citizens and Board members can- attend the public hearing. ..Supervisor Bradshaw requested staff call the different members of the committees as legislation for the Manufactured Housing Association comes through. He noted there is a strong possibility this legislation will pass this year. Following Supervisor Claud's comment that there may be language that exempts the County, Mr. 'Hartley advised that House Bill 221 S only requires that a locality allow manufactured homes in two (2) of ,its residential districts, and the County currently has. only one (l) residential district which. allows for manufactured homes. 1 Supervisor Bradshaw noted there are numerous bills being introduced to limit the. taxing authority of localities, some of which address rates and, percentages,. and others which address revenues. He requested staff stay informed of the main issues coming forward in the General Assembly.. 30 eoaa 2irAGt428 Supervisor Bradshaw requested that the County's previous request to Congressman Forbes concerning. livestock. during the drought be listed as an item for discussion when Congressman Forbes has a meeting with County officials at the Courthouse on February 19, 2003 from .11:30 p.m. to 12:30 p.m. Supervisor Bradshaw referred to a response received from. the Commissioner of Revenue noting that- auditors had picked up the figures listed in the .assessment books, and the information utilized in the Commissioner's office represents supplements and abatements. Ms. Seward noted regarding the machinery and tools tax, the information received from International Paper contained incorrect assessment figures, which. had to be corrected through the supplements. Supervisor .Clark moved the Board direct staff to make the necessary arrangements for- Mary Heinricht, American Farmland Trust, to address the Board on setting up PDRs and land trusts. 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, moved that the Board direct -staff to take appropriate action to ensure Ghat the County is on DEQ's mailing list- for receipt of public notices for wastewater discharge permits and that themailing list be disseminated to the Board and members of the Planning Commission. 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 inquired if staff intends to incorporate in the new Zoning Ordinance the practice that any requests for encroachment. into the RPA's come before the Board. Mr. Hartley replied that the Chesapeake Bay Ordinance is anticipated to be on`the Board's February agenda, .and based. upon current procedures any exception would come before the Board He advised that the Planning Commission recommended .approval and that the matter be advertised for public hearing at the Board's February 20, 2003 meeting. // Chairman MacManus called for Appointments. Supervisor Bradby moved the Board appoint Gloria Wilson to the Beautification Committee.. The motion was adopted unanimously (5-0). ~ 1 1 31 soon 2i far:429 1 Supervisor Bradshaw moved the Board. appoint Richard K. MacManus as -the Alternate Member on .the Western Tidewater Water Authority. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board appoint Robert C. Claud, Sr. as a Member on the Western Tidewater Water Authority. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board appoint W. Douglas Caskey as a Member on .the Western Tidewater Water .Authority: The motion was adopted unanimously (S-0). Supervisor Bradshaw moved the. Board appoint Jacob P. Stroman, IV as a Member on the Western Tidewater Water Authority. The motion was adopted unanimously (5-0). Chairman MacManus moved the Board appoint Christopher C. Thomas, replacing Paul Phelps, as -the County's .law enforcement representative on the Transportation Safety Committee: The motion was adopted unanimously (5-0). 1 !/ County Attorney Stroman requested a closed session pursuant to Section 2.2-3711.A.7 of the Freedom of Information Act for the purpose of consultation with legal counsel and briefings by staff members pertaining'to actual or probable litigation where such consultation in open meeting would adversely affect the negotiation or litigating posture of the County and under Section 2.2-3711 A.7 concerning consultation with legal counsel regarding specific legal matters requiring the provision of legal advice by counsel Supervisor Claud moved the Board enter closed session for the reasons stated. The motion ,was adopted by a vote of (5-0) with Supervisors MacManus, Bradshaw, Bradby, -Clark -and. Claud voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Clark moved that the Board return to open session. The motion. was adopted by a vote of (5-0) with Supervisors. MacManus, Bradshaw, Bradby, Clark and .Claud. voting in favor of the motion, and-no Supervisors .voting against the motion. Supervisor Claud moved the Board adopt the following resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on ..this date. pursuant to an affirmative recorded vote and in accordance with the provisions ofthe Virginia. Freedom of Information Act; and, 32 eooK 2~, r~~~430 WHEREAS, Section 2.2-3712D of the .Code of Virginia requires a certification by this Board of Supervisors that such closed .meeting was conducted in conformity with- Virginia law, NOW, TI~REFORE, 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 ABSENT DURING MEETING: 0 // Supervisor Clark moved the Board reconsider action and authorize. staff to re-advertise Item. "D" of the public hearings concerning .the application of Carson and Margaret Whitley (Carson Whitley Estate) for a change in zoning classification from RAC to Conditional Suburban Estate, 2.768 acres of land located on Green Oaks Lane, south of Carrsville Highway (Route 58) in the Carrsville Election District. The purpose. of the application is for one single-family residential lot. 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. Childress addressed the Board on the ongoing bid process -for the Carrollton Volunteer Fire Department. He noted this bid will run out .the first of February, 2003. and will .require that it be rebid if no action is taken on the matter at this time. He distributed information pertaining to proffers- from. Mr. Cohen in reference to -his Carrollton Cove project. He recommended the Board. direct staff to proceed with rebidding the project. He stated because Mr. Cohen is going to need a sewer pumping facility and water. connections, these may be items within the rebid that can be pulled out of the projectwithout altering the scope of the bid. Supervisor Claud noted. that the County needs an agreement that Mr. Cohen, will do thesethings, not a proffer. ~I 1 1 33 r r. ' i soot 21 rp~~431 Mr. Childress noted that the Carrollton Volunteer Fire Department this summer will take on the added responsibility of .providing emergency medical services and ambulance transport services to the community. The additional- personnel and equipment can not be housed at the curreni facility... : Chairman MacManus moved that .the -Board direct staff to come' back -with options for this Board to consider on how the funds -can be addressed that are allocated for `this project and what is required to get the project- within budget; that the architect be pn~ent at the Board's February 10, 2003 _ meeting to address questions; and, that the Carrollton Volunteer Fire ~, Department Chief also be present to hear the Board's concerns. The motion a vote of 5-0 with Su isors MacManus, Bradby, was adopted by ( ) P~ ', Bradshaw, Clark and Claud -voting in favor of tha motion, and no Supervisors voting against the motion // At.10:30 p.m., Supervisor Clark nwved the Board continue its meeting until February 8. 2003 at 14;00 s.m. st the Smithfield Middla Schoot auditorium. The nwtiat was adopted unsairrwusly (5-0~ ~r _~ . - -r .. lYYiW/Y ifr i~/~~~. Wi. /-_ ... - ' ~ - - ~~. ~.