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08-21-2003 Regular Meeting eoq~ 21, -~-:7~~~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY. BOARD OF SUPERVISORS HELD THE TWENTY-FIRST DAY OF .AUGUST 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 Caskey, County Administrator. Donald T. Robertson, Assistant County Administrator/Director of Human Resources Carey Mills Storm, 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. // Chairman MacManus called for approval of the agenda. County Attorney Stroman stated the Board previously received correspondence relating to an addition to the .agenda concerning a Social Services presentation. He further stated the Social Services Board met. and referred that matter back to Social Services staff for study,. and there is no need to add that item to the agenda this evening. County Attorney Stroman requested a matter be added to the agenda under New Business concerning a request from Habitat for Humanity, as .requested by the County Administrator; that an Item 11, Closed Session, be added with respect to four matters under Section 2.2-3711.A.7 pertaining to actual or probable litigation, a matter under Section 2.2-3711.A.6 concerning investment of public funds, and a personnel matter under Section 2.2-3711.A.1; and, that two (2) items be added to Old Business concerning the status and upgrade of the Zuni water system and the Camptown water tank. 1 I eooK 21 ~Nr~r~ ~1 Supervisor Clark moved that the Board approve the Agenda, as amended. The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. /i Chairman MacManus called for Special Presentations. Karen Casket', Operations Manager for the Department of Parks and Recreation, introduced the 4`'' Annual Miss Isle of Wight County Fair Pageant winners,. as .follows: Skylar Epps of Smithfield, winner of the Wee Miss category; Katie Cowger of Smithfield, winner of the Little Miss category; Whitney Beale of Windsor, winner of the Junior Miss category; Kriston Cobb of Windsor, winner of the Teen .Miss category; and, Tamika Mills of Zuni, winner of the Miss Isle of Wight County Fair category. Herb DeGroft formally introduced Dr. Douglas Boyce, President, Paul D. Camp Community College. Dr. Boyce thanked the Board for the County's past financial contributions and support that cover so many items that. State dollars do not provide for, as well as the County's ongoing. maintenance of the campus located in Smithfield. He noted that more residents attend PDCCC than any other college in the Commonwealth of Virginia, both public and private. He stated that .enrollment is again growing in .Smithfield and remains a priority of the College. He stated PDCCC is developing more aggressive marketing plans, extending its recruiting reach, and going through an extensive strategic planning. process to determine priorities with the resources available. He stated PDCCC anticipates an increase in courses and programs offered through the College, including non-credit community service courses. He stated substantial work is ongoing to refine existing programs, as well as launching new programs. He stated he has discussed the possibility of daytime dual-enrollment courses with the Superintendent of Schools at both high schools, as well as dual-enrollment courses that could be taught at the campus in Smithfield during the day to help alleviate some of the space pressures at Smithfield High School over the next several yearso He noted a reception for "Friends of the College" will be held on September 17, 2003 at The Smithfield Center to outline PDCCC's future plans and the Board should anticipate receiving an invitation in the near future. He stated this upcoming winter he anticipates holding a ten (10) year anniversary celebration of the. County's partnership with PDCCC .which the Board should also anticipate receiving an invitation to attend. He stated PDCCC is exploring the potential value of a Workforce Development Center, which would be strategically located somewhere along the Route 10 corridors 2~ BOQ~ ~~ ~w•t~.~~~ Supervisor Phillip A. Bradshaw, VACo Region I Director, addressed the .Board on the VACo Public Awareness Campaign. He presented two (2) public service .announcements for viewing by the .Board and the public, sponsored by VACo, that are to be shown throughout the State with respect to education and in response to the General Assembly's unfunded mandates. He stated the State- is under-funding localities and it is the State's responsibility to provide localities with this funding.. He stated he would provide an update to these two (2) public service announcements, as well as a third one, at the Board's September 4, 2003 meeting. He noted the public could obtain additional information from the web site www.betterva.or~, which is sponsored jointly by VACo and VML. He stated VACo's main priority this year is funding for education, and that he would be making a recommendation to the Board under "New Business." Chairman MacManus stated the shortfall in approximately $1.4 billion dollars, which means that the County is not being funded millions of dollars that it should be by the State of Virginia. County Administrator Casket' formally introduced Marton S. Parham, the County's new Director of Human Resources. /! Chairman MacManus indicated the Consent Agenda included the following items: A. Actions of the Planning Commission at the Meeting of August 12, 2003 B. Resolution to Accept and .Appropriate Litter Prevention. and Recycling Grant Program Funds From the Commonwealth of Virginia Department of Environmental Quality C. Resolution to Deem Certain Property and Vehicles as Surplus Equipment D. Delinquent Real Estate Tax Collection Monthly Report E. July 17, 2003 Regular Meeting Minutes Chairman MacManus asked if there were any items for removal. Supervisor Bradshaw moved the Board adopt the above 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. // 3 ,: saw ~ 21 •~.;~~53 Chairman MacManus called for Transportation Matters. Jonathan W. Hartley, Director of Planning and Zoning, distributed copies of correspondence addressed to the County Administrator, dated August 15, 2003 from John W. Barr, VDOT Assistant Resident Engineer, notifying the. County that the Transportation Commissioner has authorized speed zone adjustments on certain routes within the County. Supervisor Bradshaw reported that as a result of a recent meeting with the VDOT Assistant Resident Engineer and Resident Engineer, VDOT has proposed to clean the guttering on both sides in Walters. He requested that staff stay in contact with. Mr. Riddick with VDOT .regarding the five (5) sites that were discussed on Collossee Road. He noted that in one (1) area staff will need to develop and obtain a permission statement from certain property owners before work can proceed. He noted that he had numerous concerns with respect to the Camptown area and he had requested that Mr. Barr contact the citizens so that a meeting can be held on-site. He stated he has requested Mr. Barr to provide him with an .update on Zuni Circle. Responding to Supervisor Bradshaw's request for a status report on Pruden Road, Mr. Hartley reported that the contractors have ceased work due to the wet weather. Supervisor Bradshaw reminded Mr. Hartley that numerous drainage issues Countywide need to be addressed, and he requested that Mr. Hartley make VDOT aware that all these concerns are a priority for the Board. Supervisor Claud reminded Mr. Hartley of the drainage concerns in r Central Hill, and he requested that Mr. Hartley forward those concerns on to VDOT staff for resolution. Supervisor Claud reported that at that the recent Hampton .Roads Planning District Commission meeting, the MPO endorsed the County's position on the Route 460 Corridor Study and that any new alignment would be in close proximity to the existing road and to the existing towns. He further reported that the County Administrator and he are in the process of setting up a meeting with representatives of Norfolk Southern Railroad, as well as members serving on the subcommittee of the General Assembly to solicit their support for the project. Supervisor Bradshaw expressed his .appreciation for the outstanding work efforts by the former Planner, James A. Randolph, in correcting the drainage problem at the Airway Shopping Center.. He requested that Mr. Hartley pass his appreciation along to Mr. Randolph. Supervisor Bradshaw stated the Daily Press recently wrote an article on the Rural Rustic Program in Surry County. He noted he would be 4. .. BOQtt ;,~.• ~~ ~~ 2 '° contacting the Southampton County Resident Engineer tomorrow with respect to the feature story being done illustrating a comparison of the County and Sunry County,. as it relates to the cost of roads on a per-mile basis. Supervisor Bradshaw moved that the Board direct staff to contact the. VDOT Resident Engineer to inquire as to the Rural Rustic Program cost per mile as compared to the cost per mile in other counties and the timeframe. Staff is also to ask if VDOT has performed a Rural Rustic. Roads program in c,ther counties. The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the. motion, and no Supervisors voting against the motion. Supervisor Bradby thanked Mr. Randolph for his assistance in having the weed problem in the bushes on Bradby Lane addressed. Supervisor Clark requested that Mr. Hartley inquire about the status of the requested speed limit reduction at Battery Park and both Gatling Pointe Subdivisions with respect to entrances. and cross-walks. // Supervisor Claud noted .the presence of the Windsor Town Mayor, Marvin Crocker, in the audience. /l Chairman MacManus called for Citizens Comments. Grace Keen, on behalf of the Isle of Wight Citizens Association, distributed pictures of the existing furniture at the senior center at Nike Park and relayed the gratitude: of the citizens who utilize this facility for the- new furniture that was recently ordered for their use. Supervisor Bradshaw requested that Supervisor Bradby, in his capacity as a SEVAMP. Board of Director, in conjunction with the Director of Parks and Recreation, investigate whether SEVAMP services are still being provided to the citizens living in the southern end of the County. Grace Keen addressed the Board on the importance of preserving the appearance of the area around the Benn's Church intersection due to its close proximity to St. Luke's Church. She offered to work with the Board in an effort to continue to preserve this historic area and make it a tribute to those who have come before us. Herb DeGroft addressed the recent blackout that occurred in New York and other surrounding areas. He requested that the Director of Emergency Management prepare a report for the Board's October, 2003 5 f; Bagr, ~~ >..,., 1 ~~ meeting that advises citizens what can be expected in the form of services from the County, should such a disaster occur in the County. He further requested that a letter be sent to the Isle of Wight Citizens Association advising what can be expected in the area of evacuation centers, to include instructions for food safety, what entrances and exits are to be utilized by motorists during emergencies, and how residents that remain in the County will be safeguarded, should such a disaster ever occur in the County. Chairman MacManus noted that Mr. DeGroft's concern would be addressed under "New Business" later in the meeting. Bill Music of Zuni Circle asked if fire hydrants could be installed on the new pipeline during the upgrade to the Zuni water distribution system. Chairman MacNlanus noted Mr. Music's request would be addressed under "Old Business." Diane Stallings of Zuni Circle requested the, status of the purchase of a booster pump for the Zuni water distribution system. She specifically requested that a temporary electric pole be installed while the booster pump is being utilized. She noted -that mosquitoes are prevalent at her home, and inquired if the County has any type of mosquito control program. Chairman MacManus noted that Mrs. Stallings concerns would be addressed under "Old Business." Nancy. Guilt of Rescue requested staff investigate the possibility of a Housing and Redevelopment Authority in the .County to assist with affordable and low-income housing needs in the County. Supervisor Bradshaw informed Ms. Guilt that there is not a housing shortage for low-income individuals in this County. He stated the County does, however, have a primary need with respect to the increase in senior citizens and the provision of in-home care for them so that they can remain in their homes. He offered to speak with Ms. Guilt about the. program the City of Franklin has with respect to affordable housing in that area. // At 7:00 p.m., Supervisor Claud moved the. Board amend the regular order of the agenda in order to conduct the public hearings. The motion was adopted unanimously (5-0)0 // Chairman MacManus called for a public hearing on the following: 6 80~l~ a ~~ oM~~`~~J~ A. The application.. of Harry J. Wiggs, owner and Charles C. Cummings, prospective owner, ..for a change in zoning classification from RAC to Rural Residential, approximately one acre of land located on the south side of Woodland Drive (Route 600) adjacent to 17402 Woodland Drive, Windsor, in the Windsor Election District. The purpose of the application is for one single family. residential lot. Chairman MacManus called for persons to speak in favor of, or in opposition to, the proposed application. Harry J. Wiggs, applicant, requested that the Board approve the rezoning to allow a .double-wide trailer to be placed on the property. He stated he has rejected the proposal of a cash proffer because the buyer of the property currently resides and pays taxes in the County. Chairman MacManus closed the public hearing and called for comments from the Board. Supervisor Bradby moved that the Board concur with the recommendation of the Planning Commission and approve the application.. Supervisor Clark stated that as noted by staff, the capital costs associated with the rezoning are not supported with respect to public facilities. Supervisor Claud stated all new lots create an increase in services which, in turn, increases the cost. to the citizens of the County, He stated this Board has, in the past, taken the position that growth should help pay its way and he believes this application may adversely impact the County's ability to provide adequate public facilities. Supervisor Bradshaw concurred with the. comments offered by Supervisors Clark and Claud. He stated the Board Report notes that there will be no further division of the residual, and that this parcel is too small to subdivide; .however, State law allows for the placement of a mobile -home without subdividing of a lot, regardless of its size, as long as a family member is living in the mobile home. He stated he could not vote in favor of the rezoning request. County Attorney Stroman noted that Supervisor Bradshaw is referring to the preference that is given to family member transfer provisions even in light of the existing Zoning Ordinance. He confirmed for Supervisor Bradshaw that even though the lot is not further subdivided, there could still be residential structures placed on the property, 7 aeon . ~1.r-.•7~7 Chairman MacManus stated .approval of this rezoning request would not be in keeping with how the Board has voted on similar requests in the past, Supervisor Bradby stated that the Planning Commission voted (6-0) to recommend approval of the application to the Board, and the reason he made the above motion is because the Board. normally follows the recommendation of the Planning Commission. He stated that based on the comments offered from the Board he would withdraw his motion to approve the rezoning as it appears his motion would fail as there are four (4) Board members in opposition. Supervisor Claud moved that the Board table action on the application until the September 18, 2003 meeting to allow the applicant and staff additional time to address the Board's concerns with respect to the application. 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 a public hearing on the following: B. The application of Roland H. Lewis for an exception to the Chesapeake Bay Preservation Area Ordinance Section 5002 C (2), specifically to allow encroachment in the one hundred (100) foot Resource Protection Area Buffer. The property is located at 315 Lakeview Lane, Carrollton, in the Newport Election District. The purpose of the request is to allow fill, grading and reseeding of the property within the Resource Protection Area Buffer. Chairman MacManus called for persons to speak in favor of, or in opposition to, the proposed application. Mr. Hartley stated that the applicant has spread the dirt into the 100 foot RPA, and because of that action .and the concerns associated with the Chesapeake Bay and the Resource Protection Area, the Planning Commission has recommended denial (7-0). He noted that staff has made several inspections on the site to ensure that with respect to erosion, the site is secure. Roland H. Lewis, applicant, stated that he spread a .small amount of dirt into the 100 foot RPA on his property. He noted that the dirt would, over time, wash outside the 100 foot RPA. He stated that he is present tonight to pay restitution for the illegal spreading of dirt on his property. Chairman MacManus closed the public hearing and called for comments from the Board. 8 90QK ~..~ ~>. ~v0 Responding to an inquiry by Supervisor Clark, Mr. Hartley advised that the Department of Planning and Zoning has never issued a land disturbing permit or zoning permit to the applicant for encroachment into the RPA, Supervisor Bradshaw noted that the damage to the RPA has already been done. He inquired what happens if the Board does not approve the application. ° Mr. Hartley replied that. staff would pursue the matter as a criminal violation which could result in a court order being issued to have the material removed, if necessary. He stated the intent is to restore as much of the original topography of the property as possible. He stated his property would be torn up to a certain extent and destroy all of the material that has been placed on the. property to date, as well as tear up his driveway which provides access to the property. Supervisor Bradby commented that he could not support the Board taking action that would. result in a citizen having to pay a fine for improving his property. Supervisor Claud commented that before he could make a decision, he would need advice from counsel. Chairman MacManus commented that. the applicant admitted to spreading the dirt. He asked when staff intervened, prior to the dirt's. arrival, or prior to the spreading of the dirt. Mr. Hartley advised. that staff received a complaint in December, 2002 that the dirt had been delivered to the property and was still in a series of piles. He stated at that. time, staff. advised the applicant that he would be encroaching in the 100 foot RPA if he continued to spread the dirt in that direction. He further stated the applicant applied for an exception which was heard by the Planning Commission at its April, 2003 meeting, May, 2003 meeting and again in July, 2003. He stated the Planning Commission tabled the matter at its May, 2003 meeting in order to allow the applicant to apply to VMRC for a permit to install a bulkhead along the edge. County Attorney Stroman stated the Planning Commission, at its May, 2003 meeting tabled the matter for sixty (60) days; however, the spreading occurred during the time of the sixty (60) day delay. Chairman MacManus noted that the Board has three (3) times, within the last several years, fined individuals with respect to violations occurring in wetlands and Chesapeake Bay Preservation Area Ordinance. issues. ~ . Mr. Hartley noted that these individuals have agreed to a fine as opposed to going through criminal proceedings. 9 t~, soak : 2~. -...; ?~~ Supervisor Claud moved that the Board table action on the matter until the Board could be advised by the County Attorney in closed session with respect to certain matters. 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 a public hearing on the following: C. The application of Eagle Harbor, LLC and Verizon South, Inc. for a Conditional Use Permit to locate two (2) remote telephone switch cabinets on an easement to provide land line telephone service for the Eagle Harbor Development. Said cabinets are to be located off Smith's Neck Road (Route 669) on Harbor Drive, Carrollton, in the Newport Election District. IVir. Hartley advised that the Planning Commission, at its recent meeting, .discussed their desire to have a vinyl .picket fence installed to enhance the visual aspect. Chairman MacManus called for persons to speak in favor of, or in opposition to, the proposed application. Larry Bickings, .broker and consultant with Sites Unlimited, Inc., representing Verizon South, Inc., requested the Board approve .the application. Chairman MacManus closed the public hearing and called for comments from the Board. Supervisor Bradshaw noted that there are no provisions in the Ordinance to address abandonment of telephone switch cabinets. He stated the Board needs to impose conditions for businesses that go out of business and the lines are abandoned. Supervisor Bradshaw moved that the Board approve the application of Eagle Harbor LLC and Verizon South, Inc., as recommended by the Planning .Commission, with the condition that acceptable screening (landscape and white picket fence) be provided around the structures, and subject to the provision that in the event of abandonment of the telephone switch cabinets, that the County would require its removal at the applicant's expense. .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 a public .hearing on the following: eoc~~ . 210~,:.7~`~ D. An Ordinance to Amend Chapter 14, Sewers and Sewage Disposal, Article II, Annual Sewer Rentals .and Chapter 16.1, Water, Article II, Meters E. Wayne Rountree, P.E., Director of Public Utilities, stated the proposed change in the Sewer Ordinance pertains to all bills rendered after January 1, 2004 which would result in an increase from $26 to $28 per two (2) months for single-family and multi-family .residences. He stated the proposed change in the Water Ordinance, effective January 1, 2004, results in the rate per 1,000 gallons, that portion between 3,000 and 6,000 gallons per month, would increase from $2 per 1,000 to $2.50 per 1,000 and the rate for all usage over 6,000 gallons per month would increase from $3 per 1,000 to $3.5 per 1,000. He stated the rate on the unmetered customer which is currently a flat rate of $32 per two (2) months would increase to $40 per two (2) months. He stated in addition, Item "C", which is a credit adjustment provision for customers who have leaks that are repaired, thus allowing the County the ability to credit the customer for some of the excess leakage, is also included in the Ordinance. Supervisor Bradshaw stated that the letter that was sent out to the Carrsville water customers advised that once the customer is metered they will be charged the new rate immediately. He stated this Board previously took action that the new rate would not take place until the entire system is in place. County Attorney Stroman stated Section 16.1-8 of the Water Ordinance references when metered rates are effective. He stated that the language contained in the present Water Ordinance states "such charges shall be effective as of the date of meter installation of each improved property," Chairman MacManus called .for persons to speak in favor of, or in opposition to, the Ordinance, Herb DeGroft of Mill Swamp Road stated revenue ~to run the County and the school system must be raised. He noted concern with the General Assembly's not passing legislation that allows counties to identify new revenue sources. He stated water users should pay the rate that the County needs in order to run and maintain the systems. Harold West of Zuni Circle spoke against the proposed Ordinance to raise the water rates in the County. He stated surrounding jurisdictions are charging lower rates and he does not know why it is necessary for the County to raise its rates to this level. He stated the proposed rates are unfair. He presented a petition signed by all the water customers in Zuni. eo,w . ~21.~,,.`~fi1 Supervisor Claud clarified that the rate charged by the City of Suffolk is $25.91 for 5,000 gallons per month, which is higher. than the County is proposing to charge, Diane Stallings of Zuni Circle stated the residents of Zuni are retired and living on fixed incomes. She. requested that the Board deny the increase in Zuni until the Zuni system is brought up to comparable standards of those systems in the Towns of Windsor and Smithfield. She noted that staff is in the process of investigating why no one in Zuni received a water bill for the previous month; however, everyone received delinquent notices. Chairman MacManus closed the .public hearing and called for comments from the Board. Supervisor Claud noted that it has been two (2) years since the County imposed an increase on metered customers. He stated the Board previously discussed that there would. be improvements to the systems before those rates changed. He stated the new rates will be effective January, 2004 and the new Zuni system is anticipated to operational by February, 2003, and should not affect those .residents with regard to them .being on the old system with the increase. He stated the .Board allocated $35,000 last year for the replacement of the lines at the Carrsville system and this year through fiscal year 2008 a sum of $30,000 has been allocated. He stated the Board recently approved contracts for test wells to correct fluoride at two (2) wells at approximately $100,000 each, and if those wells are acceptable, then the. County will spend. another $150,000 at each of the two (2) new locations to install permanent wells. He stated he believes that because of the expenses being incurred by the County, the rate increases are justified, Supervisor Clark stated he believes it is the Board's obligation that the Zuni system is brought up to the standards of the other systems in the County as soon as possible. Supervisor Bradby stated he would feel much better voting in support of the Ordinance knowing that the Zuni water system is brought up to the standards of the County's other systems. He stated the Board will be doing everything possible to see that the Zuni system is replaced by February, 2003. Supervisor Bradshaw stated his constituents are family and friends and the only two (2) systems in the County that have had no work done on is the Zuni and Carrsville systems. He stated this Board has been negligent and not responded to the needs of citizens, and he can not support raising the rates when the County is not providing adequate service. He stated fluoride has been a problem in the Carrsville system since it was taken over by .the County, but the Board was not proactive in responding to .the fluoride 12~ ~~~ ~oaK ; 21 ~ tt~.. request that came from the Federal government. He stated this is no reason to penalize citizens and use this as a reason to justify rate increases. Chairman MacManus stated this Board has been aggressive with the County's water systems, as well as addressing the fluoride levels` by allocating $1.3 million .dollars. He stated all five (5) Board members represent the citizens of the entire County and all five (5) districts are. the Board's constituents. He stated this water system is losing $375,000 per year which is being borne by citizens with fixed incomes and out of the general revenue by citizens on wells, by citizens in Smithfield and Windsor. He stated the Board is allocating over a quarter million dollars for much needed changes in Zuni to get that water system where it needs to be, He stated the Board will be addressing later other improvements that can be made to the Zuni system in the interim, at cost to all the citizens of this County to improve that system. He stated he could support the increase because he believes it is the right thing for the County. Supervisor Claud moved .that the following .Water and Sewer Ordinances be amended, as proposed: AN ORDINANCE TO AMEND CHAPTER 14, SEWERS AND SEWAGE DISPOSAL, ARTICLE II, ANNUAL SEWER RENTALS WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, adopted an Ordinance providing for rates and regulations on sewer usage, Chapter 14, of the Isle of Wight County Code on January 16, 1997; and WHEREAS, the Ordinance adopted by the Board of Supervisors provided for user fees; and WHEREAS, the Board. of Supervisors has found that the bi-monthly sewer user fee for the single and multi-family residences should be increased to $28.00 per unit. NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that Chapter 14, Sewers and Sewage Disposal, Article II, Annual Sewer Rentals, be amended to read as follows: Sec. 14-10. Amounts generally Effective on all bills rendered after January 1, 2004, sewer use or rental charge shall be determined on the following basis: (a) Except as other-wise provided in .this. chapter, sewer rentals for domestic, public, commercial, industrial and other disposal wastes discharged into the 13 eoyk { ~21-~~~ ~ ~`3 sewerage system from any improved property shall be based upon the following rate schedule: I) Single and Multi-Family Residences -The bi- monthly user fee shall be ~:-A9 $28.00 ~ per unit; II) Hotels and Motels -The bi-monthly user fee shall be a minimum of $24 per unit or $2.50 per thousand gallons or fraction thereof, whichever is greater; III) Restaurants -The bi-monthly user fee shall be a minimum of $50 or $2.50 per thousand gallons or fraction thereof, whichever is greater; IV) Shopping Centers -The bi-monthly user fee shall be a minimum of $50 per unit or $2.50 per thousand gallons or fraction thereof, whichever is greater; V) Industrial Facility -The bi-monthly user fee shall be a minimum of $50 or $2.50 per thousand gallons or fraction thereof, whichever is greater; VI) Unusual Cases -For any sewer connection that is considered an unusual case by the County, (i.e. not included in I-V) the bi-monthly charge shall be determined by the County .after considering the circumstances of said application; (b) Any premise,. building or dwelling unit connected directly to the HRSD .system. shall pay to the County a sewer. use or rental charge equal to % that provided .for in the preceding paragraph (a). AN ORDINANCE TO AMEND CHAPTER 16.1, WATER, ARTICLE II. METERS, SECTION 16.1.9 WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia. adopted an Ordinance to provide for rates and. regulations on water usage, Chapter 16.1 of the Isle. of Wight County Code on November 21, 1996; and 14 eo~K ~ 21 ~,.:~ i14: WHEREAS, the Ordinance adopted by the Board of Supervisors provided for user fees, and WHEREAS, the Board. of Supervisors deems it necessary to amend administrative rules related to rates and charges; and NOW, THEREFORE, BE IT AND. IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that Chapter 16.1, Water, Article II, Meters, be amended as follows: Sec. 16.1.9. Amounts-Generally. Meter rates shall be determined on the following basis: (a) Except as otherwise provided in this chapter, meter rates shall be based on the volume of water used as measured by meters installed and maintained by the County; (b) Meter rates for water passing through meters are hereby imposed upon and shall be collected on a regularly scheduled basis from the owner or tenant of each improved property connected to the County water systems. Such charges .shall be as follows: Meter rates shall be in accordance with Table 16.1.9 (see following page). The County reserves the .right from time to time to amend the rates in order to insure that the utility system .remains self- sustaining; Table 16.1.9 Bi-Monthly Water Usa a Charges Meters up to and including 3/4 inch Effective on atl bills rendered after January 1, 2004 Metered $40.00 + ~~:89 $2.50 per TG> 6TG< 12TG +$-3-99 53.50 per TG> 12TG Unmetered $3~~9 $40.00 Meters 1 inch and Lamer 1 inch meter $56.00 + $~8A $2.50 per TG>6TG< 12TG +3-89 $3.50 per TG> 12TG 1 e 1 /2 inch meter $63.00 + $2-8p $2.50 per TG>6TG< 12TG +~-3-A9 $3.50 per TG> 12TG 15 J 9S ~/ 4~! ~ eoeK 21.~~ (~;~, 2 inch meter $86.00 + $~?8A 52.50 per TG>6TG< 12TG+~99 53.50 per TG> 12TG Larger than 2 inch to be determined by the County. Where a bulk rate 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 $~:AA $2.50 per 1,000 gallons for all over 3,000 gallons but less than 6,000 gallons and ~:BA $3.50 per thousand gallons for all over 6,000 gallons per month times the number of EDUs served.. Notes: l) 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 (c) All water for which a charge is made under this section- passing through a meter shall be charged for whether used, consumed or wasted; provided, however, that where underground or inside leaks or both occur in water pipes, and the owner or occupant of such premises. or the consumer thereof, after receiving written notice of excess consumption, shall have all necessary repairs made promptly, shall furnish the County with either a plumber's letter or a personal letter certifying that the repairs have been made and the date completed, and shall have repairs inspected and approved by utility personnel. The County may make a credit to such owner, occupant or consumer of the total charge in excess. of the. average bill for the. premises as may be deemed reasonable. A maximum of fifty (50) percent credit on excess charges based on .the previous six (6) month's average may be allowed. Only one adjustment credit may be allowed for the same cause of waste within twelve (12) consecutive months. The .motion was adopted by a .vote of (3-2) with Supervisors MacManus, Clark and Claud voting in favor of the motion, and Supervisors Bradshaw and Bradby voting against the motion. // Supervisor Bradshaw that the Board return to the. regular order of the agenda. The motion was adopted unanimously (5-0). // Chairman MacManus called for the County Attorney's report. 16 DOQK 2~ ~N::'~~6 County Attorney Stroman noted that staff will, later in the agenda, request that the Board refer the Lawne's Point rezoning application back to the Planning Commission for further consideration and recommendation. He stated he has outlined in a confidential memorandum to the Board why this action is necessary if the Board wishes to allow the Planning Commission more time to act upon the application. He stated copies have been provided to the Board of a letter. from Attorney Rid'dick that his client concurs with the recommendation of the Planning Commission, and requests that the Board return the application to the Planning Commission for further study. Responding to Supervisor Bradshaw's inquiry if State law requires the Board to hold the second public hearing before an issue can be reverted back to the Planning Commission, County Attorney Stroman explained that once the Planning Commission refers the matter to the Board for its consideration, the Board then has twelve (12) months in which to act on the application. He stated before the Board takes action on the matter, it must have a public hearing; however, there is no requirement in State. law that the Board conduct .its public hearing before it refers a matter back to the Planning Commission. He stated the twelve (12) month time period begins tonight, and staff will carefully monitor to assure that the application would come back before the Board in time both for the public hearing and to take .formal action. Supervisor Bradshaw noted that the precedent established by this Board and the Planning Commission is being changed as this Board .has never taken action to advertise a public hearing from the Planning Commission as the application comes directly to the Board as a public hearing. County Attorney Stroman stated this is the first time that he is aware of the Board being asked to refer a matter back to the Planning Commission. He advised the Board that it is not acting in a way that is inconsistent with the local ordinances and State law. Supervisor Bradshaw inquired what if the Planning Commission denies a developer's request for additional time on a rezoning and the matter is sent to the Board with a recommendation for public hearing, is the Board open for litigation? County Attorney Stroman stated he did not believe so. He stated the Planning Commission, in this instance, requested additional time, but there is no requirement, and he does not believe the Board ~is setting any precedent that would always compel allowing additional time. He stated it is within the discretion of the Planning Commission and the Board. 17 .: eoa~ ~ 21 >~, 7~? Supervisor Bradshaw stated he would .prefer that the Board hold the public hearing and send the matter back to the Planning Commission for additional information, as done with all other applications in the past. Supervisor Clark stated that while he understood Supervisor Bradshaw's concern, he did .not see a procedural problem with this as the statute allows for sending the application back to the Planning Commission.. Chairman MacManus noted that he had contacted the County Attorney today with respect to similar concerns mentioned by Supervisor. Bradshaw. He noted that in this case, this is a recommendation being pursued by the applicant. Supervisor Bradby stated he did not have a problem tabling this issue and returning it to the Planning Commission, as requested. He stated this shows a willingness of all parties to work together on an issue. County Attorney Stroman noted that the remainder of his items concerned closed session items, and they would be discussed later in the meeting. // Chairman MacManus called for the County Administrator's report. Mr. Hartley presented the application of Ernest W. Goodrich and C. L. Goodrich to rezone 1,600 acres from RAC to RR located between Lawne's Creek and the James River and requested that the Board approve the request of the Planning Commission to return it to them for further discussion. Supervisor Bradby moved that the Board approve staff s recommendation that the Board .refer this application back to the Planning Commission for further consideration and formulation of a recommendation. The motion was approved 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. County Administrator Casket' reported pursuant to Action Step 7.1.1. of the Strategic Plan of Action, a Vehicle/Equipment Maintenance/Replacement Policy is to be submitted for the Board's consideration in August, 2003. He noted that the draft developed by the Assistant County Administrator, Director of Public Works, Director of Public Utilities, Director of Parks and Recreation and the Administrative Analyst is currently undergoing review by the County Attorney and Director of Budget and Finance.. He further noted that following review by the County Attorney and all Department. Heads, a final draft version will be provided to the Board for its consideration and action. 18 800K 21 °~~„~° (~p // Chairman MacManus called for Old Business. County Administrator Caskey stated responsive to a request from Grace.. Keen under. Citizens Comments at the Board's August 7, 2003 meeting, the Board agreed to holding a ceremony in .memory of the victims of September 11 t1i. He noted such ceremony is scheduled for Thursday, September 11, 2003 at 8:45 a.m. in the Memorial Gardens in Smithfield. He noted that Sheriff Taylor would also be honored at that time. He stated Ms. Sivertson has also provided the .Board with information relating to .what other State and Federal events may be planned, Supervisor Claud moved that the Board approve the concept for a designated "Annual Day of Remembrance and Honor for September 11cn for Isle of Wight County" and direct staff to develop a resolution for the Board's consideration at .its September 4, 2003 meeting. The motion was approved 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 stated pursuant to the Board's direction at its August 7, 2003 meeting, staff attempted, but was not successful, in obtaining an estimate from a company in Suffolk. to repair a ditch at a residence located at the end of Cannon Drive. He noted that he was, however, provided a verbal estimate between $1,200 and $1,800, and he would recommend that the Board authorize an expenditure of up to $2,000 so that staff can proceed. Supervisor Clark moved that the Board approve funds to repair the erosion problems occurring to the ditch at the residence located at the end of Cannon Drive, subject to obtaining an acceptable estimate of no greater than $2,000. The Director of Budget and Finance is to determine if there were funds previously appropriated for this and, if not, the funds are to come from the Contingency Fund. The motion was approved 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. Rountree, in response to Ms. Stallings and Mr. Music's comments under Citizens Comments, briefed the Board on the status of the Zuni water distribution system, the booster pump and the request for a fire hydrant. He reported that the new tank would be installed next week. With respect to the request for a fire hydrant, Mr. Rountree advised that the funds are not available to purchase a six (6) inch water main, which is the smallest size water line that will accommodate a fire hydrant. Chairman MacManus requested that Mr. Rountree a-mail the Board members upon completion of the installation of the booster pump and tank for the Zuni .water distribution system. 19 soQK ~1 ~..~,,. ~ Supervisor Bradshaw moved that the Board direct the Director of .Public Utilities to investigate and make a recommendation back to the Board on what can be done to bring the Camptown water storage tank up to the appearance standards of the other towers, to include a recommendation on placing a logo on the Camptown water storage tank. 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 Bradshaw moved that the Board direct staff to invite Theodore Hardison to make a report to the. Board on how his position with the State can be utilized with respect to helping the County's agricultural communities, specifically as it relates to the cancellation of poultry contracts by Perdue Farms. 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. In response to the request of Diane Stallings under Citizens Comments regarding the County's mosquito control: effect, Mr. Robertson provided the Board with a briefing on ongoing mosquito control efforts in the County. Supervisor Claud requested that Ms. Stallings contact Mr. Robertson with any further concerns or questions. i Supervisor Bradshaw moved that the Board direct staff to send out a public service announcement to the newspapers regarding the County's mosquito control program. 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 Bradshaw further moved that the Board .direct staff to contact the United States Air Force with the request that the County be included in the area for spraying and that staff solicit the support of Congressman Forbes. The Towns of Smithfield and Windsor are to be contacted for their concurrence prior to including the towns in this request. 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.. With. respect to the request of Albert Burckard on behalf of the Isle of Wight Historical Society at the Board's August 7, 2003 meeting under Citizens Comments to submit an application to request .that Nike Park be designated a State Historic District and the .motion that followed, County Attorney. Stroman requested additional time to review and make a determination on .thee impact to the County, sh©uld such a designation be approved.. 20 .., ea~~ ~~- •. ~ t Supervisor Bradshaw moved that the Board accept the County Attorney's request to defer consideration and action on the matter until the Board's September 4, 2003 meeting. 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. !/ Chairman MacManus called for New Business. Supervisor Bradshaw moved that the Board direct staff, in conjunction Supervisor Bradby who serves.. on the SEVAMP Board of Directors, to investigate and bring back a report on their findings to the Board if SEVAMP provides services to all citizens in the County. Such report is to include. a Mission Statement for SEVAMP. 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 direct the Director of Emergency Management and the .Emergency Services Coordinator to address the Civic Association with respect to Mr. DeGroft's comments under Citizens Comments and bring back a listing of their overall concerns to determine if action by the Board is necessary. A meeting is also to be held at the Rushmere Volunteer Fire Department to educate citizens on emergency preparedness relative to the Surry Nuclear Power Plant. 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. County Administrator Casket' presented a request from Habitat for Humanity to use certain County property as a staging area for building materials while they build a new home on Clay Street in Smithfield. Chairman MacManus stated he would like to know~how the Town of Smithfield feels about this request as there is a concern that this residential neighborhood be kept in an orderly fashion. Supervisor .Bradshaw moved that the Board authorize the County Administrator to execute the Agreement contingent upon the approval of the Town of Smithfield. 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 Bradshaw moved that the Board direct the County Administrator to contact Charter regarding the viewing of Channel 13 being made available to all County residents. The motion was adopted by a vote of 21 eooM ~2~..u.:~ I!1 (5-0) with Supervisors MacManus, Bradshaw,. Bradby, Clark and Claud voting in favor of the motion, and. no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board direct staff to have the public awareness campaign tape shown on Charter's Channel 13, the County's government access channel, and that staff is to provide information with respect to www.betterva.org on the PEG channel. 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 Bradshaw moved that. the Board move the meeting time for its September 4, 2004 meeting from 2:00 p.m. until 4:00 p.m. 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. // Chairman MacManus moved the Board hear comments from citizens prior to entering closed session. The motion was adopted unanimously (5- 0). Diane Stallings presented a petition signed by thirty-three- (33) water consumers of the Zuni water system. She reminded the Board that there has been a lack of water pressure at this system for the past ten (10) years. She asked why private citizens are being requested. to provide temporary power hook-up from their individual homes when the County could install a temporary electric. pole to be utilized during the installation of the booster pump. Herb DeGroft suggested that the Board send out information pertaining to the County's emergency preparedness in the tax bills that are sent out twice a year. // County Attorney Stroman requested a closed session regarding five (5) matters under Section 2.2-3711.A.7 pertaining to actual or probable litigation; a matter under Section 2.2-3711.A.1 concerning employment/assignment/appointment/promotion/performance of a certain public official, appointees and employees of the public body; under Section 2.2-3711.A.6. concerning the investing of public funds where public discussion would adversely affect .the interest of .the public body; and, a personnel matter under Section 2.2-3711.A.1. Supervisor Claud moved the Board enter closed session for the reasons stated. The motion was adopted by a vote of (5-0) with Supervisors 22 BOOK 21 ~,,.:°7~~ MacManus, Bradby, Bradshaw, Clark and Claud .voting in favor of the motion, and no Supervisors voting against the :motion. Supervisor Bradshaw moved the Board reconvene, .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 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 of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the. best of each member's knowledge, (i) only public business matters lawfully .exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: MacManus, Bradby, Bradshaw, Clark and Claud NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Supervisor Clark mop; ed that the Lewis request for exception to the 100 foot buffer RPA remain tabled until the September 18, 2003 meeting to allow the applicant, in conjunction with. the Director of Planning and Zoning, to discuss mitigation measures with respect to a corrective plan of action. 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 Bradshaw moved that the Board authorize the Chairman to sign the compensation agreement for the County employee as discussed in 23 P; t ~ ~- 1 closed session, effective July, 2003. 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. // At 10:20 p.m., Supervisor. Bradby moved the Board adjourn. .The motion was adopted unanimously (5-0). Richard K, MacManus, Chairman