County of Hanover. Board Meeting: October 12, 2016

Transcription

1 I.-C. Agenda Item County of Hanover Board Meeting: October 12, 2016 Subject: Approval of Minutes - July 27, August 24, and September 14, 2016 Summary of Agenda Item: The minutes from July 27, August 24, and September 14, 2016 are included in the packet to be approved. County Administrator s Recommended Board Motion: A motion to approve the Board of Supervisors meeting minutes of July 27, August 24, and September 14, 2016.

2 HANOVER COUNTY BOARD OF SUPERVISORS MINUTES Hanover County Administration Building - Board Room July 27, 2016 VIRGINIA: At a regular meeting of the Board of Supervisors for Hanover County held in the Board Room of the Hanover County Administration Building on the 27 th day of July, 2016, at 3:00 p.m. Present: I. Call to Order Mr. Aubrey M. Stanley, Chairman Mrs. Angela Kelly-Wiecek, Vice-Chairman Mr. Sean M. Davis Mr. Wayne T. Hazzard Mr. W. Canova Peterson Ms. Faye O. Prichard Mr. Scott A. Wyatt Mr. Cecil R. Harris, Jr., County Administrator Mr. Sterling Rives, County Attorney Mr. Stanley called the meeting to order at 3:00 p.m. All Board members were present. A. The invocation was given by Mr. Peterson. B. The Pledge of Allegiance was led by Mr. Wyatt. C. Approval of Minutes - April 27, May 11 and May 25, 2016 Mr. Hazzard moved to approve the Minutes of April 27, May 11 and May 25, The motion was seconded by Mr. Peterson. Motion approved. Vote: Aubrey M. Stanley Aye Angela Kelly-Wiecek Aye Sean M. Davis Aye Wayne T. Hazzard Aye W. Canova Peterson Aye Faye O. Prichard Aye Scott A. Wyatt Aye 1

3 II. time. Consideration of Agenda Amendments The Chairman asked if there were any agenda amendments. Hearing none, moved to citizens III. Citizens Time The Chairman opened citizens time and offered to anyone who wanted to address the Board of Supervisors for up to five minutes on any matter within the scope of the Board s authority that is not on the agenda for that meeting to come forward Mr. Ian Sutton, Ashland Magisterial District, came forward to speak concerning the proposed High Speed Rail project and the negative impacts it would have on the town. Seeing no others come forward, the Chairman closed citizens time. IV. Consent Agenda Mr. Peterson requested that item IV.-E. - Request for Approval of FY17-18 Performance Contract with the Virginia Department of Behavioral Health and Developmental Services, be removed for separate discussion and vote. Mr. Davis made a motion to approve the consent agenda as amended, seconded by Mrs. Kelly- Wiecek. Motion approved. Vote: Aubrey M. Stanley Aye Angela Kelly-Wiecek Aye Sean M. Davis Aye Wayne T. Hazzard Aye W. Canova Peterson Aye Faye O. Prichard Aye Scott A. Wyatt Aye 2

4 IV.-E. Request for Approval of FY17-18 Performance Contract with the Virginia Department of Behavioral Health and Developmental Services (removed for separate consideration and vote) Board Sheet Background: Hanover County Community Services Board (HCCSB) staff reviewed and supplied the required data and information for the FY17-18 Performance Contract, a document developed by the Virginia Department of Behavioral Health and Developmental Services to be executed by each community services board and behavioral health authority in Virginia. This is a prerequisite for the receipt of state-controlled funds for mental health, intellectual disabilities and substance use disorder services. Execution of the Performance Contract requires approval by both the CSB Board and the Board of Supervisors. The Code of Virginia requires that prior to the execution of the performance contract, each community services board and behavioral health authority make the proposed Performance Contract available for public comment for a thirty-day period. HCCSB made the proposed FY17-18 Performance Contract available for public comment on June 17, A CSB Board Member provided comments at the June 20, 2016, CSB Board Meeting; no additional public comments were received by the end of the comment period. On July 18, 2016, the HCCSB Board took the necessary action to recommend to the Board of Supervisors the approval of the FY17-18 Performance Contract. Recommended Action: A motion to approve the FY17-18 Performance Contract. Mr. Peterson asked that CSB representatives come to a future board meeting and explain the contract and the interactions with the state. He expressed the need to have further clarification on some of the items in the contract. Mr. Peterson made a motion to approve the FY17-18 Performance Contract with the Virginia Department of Behavioral Health and Developmental Services, seconded by Mr. Hazzard. 3

5 Motion approved. Vote: Aubrey M. Stanley Aye Angela Kelly-Wiecek Aye Sean M. Davis Aye Wayne T. Hazzard Aye W. Canova Peterson Aye Faye O. Prichard Aye Scott A. Wyatt Aye IV.-A. Committee Appointments COMMITTEE NAME DISTRICT FIRST NAME LAST NAME CURRENT TERM ENDS TERM LENGTH Bell Creek CDA N/A Kathy Seay N/A 4 Years (remainder) ACTION Appoint to 06/30/18 Community Criminal Justice Board Hanover County Council on Aging Historic Courthouse Area Advisory Committee Historical Commission Criminal Defense Attorney Michael Clower 07/31/16 4 years Reappoint to 07/31/20 South Anna Dan Johnson N/A 1 Year Appoint to 07/27/17 Historical Commission Beaverdam Depot David Deal 08/31/16 1 year Reappoint to 08/31/17 Nancy Jett 08/31/16 2 years Reappoint to 08/31/18 Historical Commission Page Library Judith Lowry 08/31/16 2 years Reappoint to 08/31/18 Lewistown CDA N/A Kathy Seay N/A 4 Years (remainder) Appoint to 10/01/18 IV.-B. Request for Adoption of Proclamation Hanover High School Varsity Baseball Team Group 4A East Champions Board Sheet Background: It is requested that the Board of Supervisors adopt the proclamation recognizing the Hanover High School Varsity Baseball Team Group 4A East Champions. 4

6 Recommended Action: A motion to adopt the proclamation. PROCLAMATION WHEREAS the Hanover High School Varsity Baseball Team completed its season with a record of twenty-four (24) wins and one (1) loss; and WHEREAS the final game of the year was for the Virginia High School League (VHSL) District 4A State Championship; and WHEREAS the Hanover High School Varsity Baseball Team distinguished itself by winning the VHSL 4A State Championship for the third time in the last four (4) years, with a score of thirteen (13) to twelve (12); and WHEREAS the Hanover High School Varsity Baseball Team was ranked Number One in the nation in MaxPreps final poll of high school baseball teams; and WHEREAS all the members of the Hanover High School Varsity Baseball Team, both players and coaches, have held themselves up to the highest standards of good conduct and sportsmanship in representing their school and community. NOW, THEREFORE, BE IT RESOLVED that the Hanover County Board of Supervisors does hereby recognize with sincere appreciation and admiration the high honors that the Hanover High School Varsity Baseball Team has brought to themselves, their families, their team and to Hanover County, and salutes them on their outstanding achievement. On motion of Mr. Davis, seconded by Mrs. Kelly-Wiecek, members of the Board of Supervisors voted to adopt this Proclamation as follows: Vote: Aubrey M. Stanley Aye Angela Kelly-Wiecek Aye Sean M. Davis Aye Wayne T. Hazzard Aye W. Canova Peterson Aye Faye O. Prichard Aye Scott A. Wyatt Aye 5

7 IV.-C. Request for Adoption of Proclamation Atlee High School Girls Softball Team Group 5A Champions Board Sheet Background: It is requested that the Board of Supervisors adopt the proclamation recognizing the Atlee High School Girls Softball Team Group 5A Champions. Recommended Action: A motion to adopt the proclamation. PROCLAMATION WHEREAS the Atlee High School Girls Softball Team completed its regular season with a record of seventeen (17) wins and one (1) loss; and WHEREAS the Atlee High School Girls Softball Team traveled to northern Virginia for games on back to back days, winning each day; and WHEREAS the final game of the year was for the Virginia High School League (VHSL) Group 5A State Championship; and WHEREAS the Atlee High School Girls Softball Team distinguished itself by winning the VHSL 5A State Championship for the second year in a row, with a score of five (5) to zero (0); and WHEREAS all the members of the Atlee High School Girls Softball Team, both players and coaches, have held themselves up to the highest standards of good conduct and sportsmanship in representing their school and community. NOW, THEREFORE, BE IT RESOLVED that the Hanover County Board of Supervisors does hereby recognize with sincere appreciation and admiration the high honors that the Atlee High School Girls Softball Team has brought to themselves, their families, their team On motion of Mr. Davis, seconded by Mrs. Kelly-Wiecek, members of the Board of Supervisors voted to adopt this Proclamation as follows: 6

8 Vote: Aubrey M. Stanley Aye Angela Kelly-Wiecek Aye Sean M. Davis Aye Wayne T. Hazzard Aye W. Canova Peterson Aye Faye O. Prichard Aye Scott A. Wyatt Aye IV.-D. Request for Adoption of Resolution Eagle Scout Steven B. Catlett, Boy Scout Troop Magisterial District: Chickahominy Board Sheet Background: It is requested that the Board of Supervisors adopt the proclamation recognizing Eagle Scout Steven B. Catlett, Boy Scout Troop 555. Recommended Action: A motion to adopt the proclamation. PROCLAMATION WHEREAS the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910; and WHEREAS the Boy Scouts of America was founded to promote citizenship, training, personal development and fitness of individuals; and WHEREAS Steven B. Catlett is a resident of the Chickahominy Magisterial District in Hanover County, Virginia, and a rising senior at Hanover High School; and WHEREAS on the 16 th day of May, 2016, Steven B. Catlett attained the rank of Eagle Scout, the highest award granted by the Boy Scouts of America; and WHEREAS to achieve this high honor Steven B. Catlett raked the courtyard and fitness areas and led the construction of two (2) picnic tables and four (4) benches at Oak Knoll Middle School in Mechanicsville, Virginia; and WHEREAS Steven B. Catlett s efforts to make these improvements and provide these assets will allow students to spend time outside during school hours as well as during after-hour events; and 7

9 WHEREAS Steven B. Catlett of Boy Scout Troop 555 which meets at New Hanover Presbyterian Church in Mechanicsville, Virginia, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout; and WHEREAS the Hanover County Board of Supervisors fully supports the programs of the Boy Scouts of America and recognizes the important service they provide to the youth of our Country. NOW, THEREFORE, BE IT RESOLVED that the Hanover County Board of Supervisors hereby extends its congratulations to Steven B. Catlett and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. On motion of Mrs. Kelly-Wiecek, seconded by Mr. Davis, members of the Board of Supervisors voted to adopt this Proclamation as follows: Vote: Aubrey M. Stanley Aye Angela Kelly-Wiecek Aye Sean M. Davis Aye Wayne T. Hazzard Aye W. Canova Peterson Aye Faye O. Prichard Aye Scott A. Wyatt Aye V. Presentation - Reynolds Community College Activities Dr. Gary Rhodes came forward and introduced Reynolds Community College Board members, Anne Marie Lauranzon and Mr. Mark Creery. Ms. Lauranzon addressed the Board concerning scholarships. Mr. Creery addressed the Board concerning the support Hanover County provides to the college. Dr. Rhodes gave a presentation on various programs at the college, particularly those that relate to high school students and those that focus on technical and workforce training. He gave details on the number of students currently enrolled and the number of students the college has had since Following the presentation, Board members had comments about the importance of the work done by Reynolds and the wonderful interconnectivity between our local institutes of higher education. 8

10 VI. Presentation - Richmond Regional Tourism Update Mr. Jack Berry, President and CEO of Richmond Regional Tourism, came forward and showed a video on the UCI 2015 bike race. He then gave a presentation on tourism in the area, sharing corporate and tourism travel statistics. Mr. Berry introduced Ms. Katherine O Donnell, Vice President of Community Relations, who gave a presentation on the many accolades the area has received, including those for restaurants and sports tournaments. She shared how Richmond Regional Tourism is striving to bring more events and travelers to the region. Following the presentation, Board members had comments about the impressive work done by the Regional Tourism staff and the cooperation between the localities. VII. Transportation Update A. Road Project Status Report Mr. Joe Vidunas, County Traffic Engineer, came forward and gave this presentation. Project Phase Ad Date Comments U.S. Rt. 360 (I-295 to Wynbrook Ln.) (17768) Widen to 8 & 6 lanes Construction Dec. '14 May 2017 contract completion date U.S. Rt. 360 (Bell Creek Rd. Intn.) (18962) Realign intn. & add turn lanes Construction Dec. '14 May 2017 contract completion date Lewistown Rd. Bridge & Approaches (90347) Replace & widen bridge over I-95 Construction Dec. '14 Nov contract completion date Atlee Rd. / Rt. 301 Intn. (77121) Add dual left & right turn lanes on Atlee Rd. Construction Dec. '15 9/16/16 contract completion date Pole Green Rd. / Walnut Grove Rd. Intn. (97685) Add turn lanes & safety improvements Construction Mar. '16 9/7/16 contract completion date U.S. Rt. 33 / Ashland Rd. Intersection (56181) Widen intn. - add turn lanes Pre- Advertisement Aug. '16 Ad date may be delayed 30 days to complete utl. adjustments Greenwood Rd. Bridge & Approaches (82399) Replace bridge over Chickahominy River Pre- Advertisement Sept. '16 9

11 Project Phase Ad Date Comments E. Patrick Henry Rd. / Woodside Ln. Intn. (104275) Add turn lanes Cedar Ln. / U.S. Route 1 Intn. (103014) Realign Cedar Ln. & add turn lanes Studley Rd. / Rural Point Rd. Intn. (104875) Roundabout Elletts Crossing Rd (107178) Realign and add turn lanes Right-of-Way Dec. '16 Ad date moved back 5 months - - additional time needed to clear R/W Right-of-Way Jul. '17 Ad date moved back 6 months - - additional time needed to clear R/W Design Mar. '17 Right-of-way NTP pending; VDHR review may delay NTP Design Jun. '17 60% plans complete Creighton Rd. / Cold Harbor Rd. Intn. (81667) Widen intersection - add turn lanes Design Mar. '19 30% plans complete U.S. Rt. 360 (Lee Davis Rd. Intn.) (13551) Widen intn. - add turn lanes Sliding Hill Rd. (104957) Widen to 4 lanes Design Oct. '19 Ad date moved back 6 mos. - - additional time needed to coordinate utilities Design TBD 60% plans finalized; project on-hold pending execution of project admin. agmt B. Highway Matters Mr. Marshall Winn, Virginia Department of Transportation (VDOT), came forward and gave a presentation on the activities for the past quarter at the Ashland, Mechanicsville and Montpelier Area Headquarters. Updates were provided on the following maintenance activities: Pothole Repairs Shoulder Repairs Mowing Asphalt and Potholes Drainage and Erosion Ditching Pipes Sight Distance 10

12 Updates were provided on the following construction activities: Under Construction and relates to the Davenport Bridge located on Route 658 Teman Road at the Hanover/ Spotsylvania County Line Route 360 Widening (UPC Lewistown Road Project (UPC 90347) ST4A-042-F16 (UPC ) Route 1 CSX (UPC 93288) I-95 Pavement Restoration (UPC Route 729 Pipe Replacement (UPC ) Updates were given on the following traffic studies and special requests: Study completed for Route 656 and Route1072, recommended a 35mph on Route Study completed on Route 652 Cool Springs Road, further comments from Mike Flagg ended up supporting a reduction from 45mph to 40mph. Study completed on Route 156 Cold Harbor Road recommendations indicated retaining the current 45mph once again. Study completed concerning 4 way Route710 Verdi, Route 642 Bell Creek and Route 2270 Brigadier. Study supported a 4 way stop at this location and signs have been ordered and will be installed once received. Board members had questions and comments concerning numerous projects and traffic situations in the county. Mr. Winn answered questions and provided clarification on a number of these items. C. Request for Adoption of Revised Transportation Policy Mr. Sterling Rives, County Attorney, came forward and gave this presentation. After extensive review the Board of Supervisors adopted the Hanover County Business and Residential Development Road Improvements Transportation Policy (the Policy) in March The Policy articulated the County s long term strategies for addressing transportation impacts affecting the road network. The General Assembly enacted legislation which has modified the use of proffers throughout 11

13 Virginia. These changes affect all applications for residential rezonings that are filed after July 1, In light of these changes, the County Attorney and the Planning Department are recommending changes in the Policy. These changes are necessary to ensure that the Policy complies with the new standards adopted by the General Assembly. The proposed changes to the Policy make clear that all new road cash proffers will be based on a road need that is specifically attributable to a proposed new residential development or transportation impact such that the residential development or new residential use creates a need, or an identifiable portion of a need for the public facility improvements. Staff is also recommending that the Policy apply to subdivisions of 40 lots or more, since a review of previous projects suggests that there is limited or small incremental road impact from smaller projects in most instances on the road network. The revised policy was reviewed by the Boards Community Development Committee on May 31, 2016 and the Committee agreed that the revisions in the policy should be considered by the entire Board. There was a detailed discussion concerning the rationale of applying the Policy to subdivisions of 40 lots or more. On motion of Mr. Peterson seconded by Ms. Prichard, the members of the Board of Supervisors voted to adopt the Hanover County Business and Residential Development Road Improvements Transportation Policy with the recommended revisions, as follows: Vote: Aubrey M. Stanley Aye Angela Kelly-Wiecek Aye Sean M. Davis Aye Wayne T. Hazzard Aye W. Canova Peterson Aye Faye O. Prichard Aye Scott A. Wyatt Aye 12

14 VIII. Closed Session A. Virginia Code Section (A)(7) Consultation with Legal Counsel Regarding Pending Litigation: Bear Island WB V. Hanover County et. al. B. Virginia Code Section (A)(5) - Discussion of undisclosed, prospective expansion of an existing business. C. Virginia Code Section (A)(1) - Discussion of filling the Director of Internal Audit position Mrs. Kelly-Wiecek moved that the Board of Supervisors go into Closed Session pursuant to Virginia Code Section (A)(7) Consultation with Legal Counsel Regarding Pending Litigation: Bear Island WB V. Hanover County et. al., Virginia Code Section (A)(5) - Discussion of undisclosed, prospective expansion of an existing business and Virginia Code Section (A)(1) - Discussion of filling the Director of Internal Audit position. The motion was seconded by Ms. Prichard. Vote: Aubrey M. Stanley Aye Angela Kelly-Wiecek Aye Sean M. Davis Aye Wayne T. Hazzard Aye W. Canova Peterson Aye Faye O. Prichard Aye Scott A. Wyatt Aye Motion approved. Board members entered Closed Session at 5:13 p.m. At the conclusion of the Closed Session, Board members returned to the Board room, and the Chairman called the regular meeting back to order at 5:45 p.m. Certification of Closed Session Mrs. Kelly-Wiecek moved that the Board of Supervisors certify that during the Closed Session only public business matters lawfully exempted from the open meeting requirement of the Freedom of Information Act and only such public business matters as were identified in the motion for the Closed Session were discussed. The motion was seconded by Mr. Wyatt. 13

15 Vote: Aubrey M. Stanley Aye Angela Kelly-Wiecek Aye Sean M. Davis Aye Wayne T. Hazzard Aye W. Canova Peterson Aye Faye O. Prichard Aye Scott A. Wyatt Aye Motion approved. Mr. Hazzard made a motion to appoint Angela Baxter for the position of Director of Internal Audit at a salary of $121,500 effective September 1, 2016, seconded by Mr. Wyatt. Motion approved. Vote: Aubrey M. Stanley Aye Angela Kelly-Wiecek Aye Sean M. Davis Aye Wayne T. Hazzard Aye W. Canova Peterson Aye Faye O. Prichard Aye Scott A. Wyatt Aye Ms. Prichard made a motion to approve the appropriation and transfer of $28,598 from Public Utilities Fund Balance to the Economic Development Authority Fund and issuance of the Incentive Grant for Center of the Universe Brewing Co. for a meter upgrade to support the expansion of their production, seconded by Mr. Hazzard. Motion approved. Vote: Aubrey M. Stanley Aye Angela Kelly-Wiecek Aye Sean M. Davis No Wayne T. Hazzard Aye W. Canova Peterson Aye Faye O. Prichard Aye Scott A. Wyatt Aye IX. Recess to 50 Mile Meal, Hanover County Emergency Communications Building The meeting was recessed at 5:47 p.m. 14

16 The meeting was reconvened at 7:03 p.m. X. Citizens Time The Chairman opened citizens time and offered to anyone who wanted to address the Board of Supervisors for up to five minutes on any matter within the scope of the Board s authority that is not on the agenda for that meeting to come forward. Seeing none, the Chairman closed citizens time. XI. Presentation of Proclamations - Eagle Scouts - Boy Scout Troop 521 A. James David Benson - Magisterial District: Chickahominy Eagle Scout Benson was not present to receive his proclamation. B. Zachary Isaac Boyd - Magisterial District: Chickahominy Mrs. Kelly-Wiecek called Eagle Scout Boyd and his family forward and presented him with this proclamation recognizing his achievements. C. Michael L. Habron - Magisterial District: Chickahominy Mrs. Kelly-Wiecek called Eagle Scout Habron and his family forward and presented him with this proclamation recognizing his achievements. D. Austin Edward Marshall - Magisterial District: Chickahominy Mrs. Kelly-Wiecek called Eagle Scout Marshall and his family forward and presented him with this proclamation recognizing his achievements. E. James Carrington Overby - Magisterial District: South Anna Mr. Hazzard called Eagle Scout Overby and his family forward and presented him with this proclamation recognizing his achievements. PUBLIC HEARINGS XII. Public Hearing To Receive Nominations for Hanover County School Board Member Magisterial District: Ashland In accordance with Virginia Code Section , the Hanover County Board of Supervisors 15

17 is holding a public hearing to receive nominations for the appointment of Hanover County School Board Member for the Ashland Magisterial District. The Chairman opened the public hearing and asked that anyone who wished to make a nomination or speak regarding a nominee come forward Ms. Ola Hawkins, Ashland Magisterial District, came forward to nominate herself for the Ashland Magisterial District School Board representative. She gave a description of her work experience and her history of community service. Seeing no others come forward, the Chairman closed the public hearing. XIII. Public Hearing Ordinance amending Chapters 20 and 23 of the Hanover County Code to conform to 2016 amendments to Virginia Code Section Department of Public Utilities Mr. Steve Herzog, Director of Public Utilities, came forward to explain this request to the Board. The 2016 Virginia General Assembly approved and the Governor signed House Bill 919 and Senate Bill 542, which are effective July 1, 2016 and which amend Virginia Code Section House Bill 919 amends Virginia Code Section to clarify the waiting period and notice requirements for termination of service for non-payment of a water and/or sewer bill. The Hanover County Code currently provides for termination of service 15 days after a water and/or sewer bill becomes delinquent. The amendments set forth notice requirements and require localities to wait at least 60 days from the date the account becomes delinquent prior to termination of service. Senate Bill 542 amends Virginia Code Section to remove a limit on the amount of the lien that can be placed on a property for delinquent water and/or sewer charges when the account holder is the property owner. If the water or sewer account holder is a lessee or tenant, the lien continues to be limited to three months of charges. The proposed amendments to Chapters 20 and 23 incorporate these changes. The Chairman opened the public hearing and asked that anyone who wished for or against the matter to come forward. Seeing none, the Chairman closed the public hearing. 16

18 ORDINANCE NO AN ORDINANCE AMENDING CHAPTERS 20 AND 23 OF THE HANOVER COUNTY CODE PURSUANT TO TITLE 15.2, CHAPTER 21 OF THE CODE OF VIRGINIA, SPECIFICALLY VA. CODE , , AND , TO CONFORM TO 2016 AMENDMENTS TO VA. CODE WHEREAS the 2016 General Assembly of Virginia approved House Bill 919 and Senate Bill 542, both revising Virginia Code Section ; and WHEREAS the Board of Supervisors wants to revise the Hanover County Code to conform with the statutory changes; NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Hanover County: 1. That the Hanover County Code, Chapter 20, Sewers and Sewage Disposal, Section shall be repealed, and Sections 20-32, 20-33, and shall be amended to read in their entirety as follows: Sec Repealed. Sec When bills to be paid; penalty for failure to pay charge when due. All sewer accounts shall be due and payable thirty (30) days following the billing date payable to the treasurer of the county, and shall be considered delinquent if unpaid thirty-one (31) days following the billing date. Any person failing to pay the charges imposed under this chapter when due shall incur penalty on the delinquent charges of ten (10) percent, except the late payment penalty may be waived for any customer who is late only once within a two year period. The penalty shall be added to the amount of the account due from such person. No penalty shall be imposed for failure to pay any account, if such failure was not in any way the fault of the user. The director shall make the determination of no fault. Any person failing to pay the charges imposed under this chapter shall be charged interest at an annual rate of ten (10) percent on the unpaid balance beginning when the account has been delinquent for thirty (30) days. If a person is unable to pay the full amount due on the account, the department may agree to a payment plan allowing the full amount due on the account to be paid over a specific period time. 17

19 Sec Notice of delinquency; termination of service for nonpayment; fee for resuming service after termination; fee for collection of delinquent balances at place of disconnection; deposit for payment assurance after service termination. After a sewer bill becomes delinquent, a delinquency notice shall be sent to the customer and shall notify the customer that service to the premises may be discontinued if the bill remains unpaid for sixty (60) days after becoming delinquent. If a bill for sewer shall remain unpaid for sixty (60) days after becoming delinquent and written notice has been sent by first class mail to the user that the utility service to the premises may be discontinued, the utility service may be discontinued and such utility service shall not be restored until the delinquent account including fee for resuming service after ermination has been paid in full to the treasurer. The fee for resuming service after termination is forty dollars ($40.00) if paid during business hours (8:30 a.m. to 5:00 p.m.) and fifty-five dollars ($55.00) if paid after business hours (between 5:00 p.m. and 8:30 a.m.). Where the County supplies both water and sewer, the fee for resuming service is charged only once for resuming both water and sewer. Customers who pay delinquent bills in full at the place where they receive utility service prior to their service being disconnected shall pay a collection fee of forty dollars ($40.00) if paid during business hours (8:30 a.m. to 5:00 p.m.) and fifty-five dollars ($55.00) if paid after business hours (between 5:00 p.m. and 8:30 a.m.). Where the County supplies both water and sewer, the collection fee is charged only once for both services. Utility service shall not be supplied to any person or for the benefit of any person who is in default by reason of nonpayment of any such bill, including the appropriate reconnect charge. If a user vacates the premises, the outstanding charges may be transferred to any other premises within the county where the user has service, and if not paid within the time specified, service may be disconnected at the latter premises. Where the county does not supply the water, the sewer service to the premises shall be disconnected after notice has been given to the user as prescribed above and shall not be restored until the delinquent account and the cost of disconnecting and reconnecting the sewer to the premises have been paid in full to the treasurer. 18

20 A deposit for payment assurance after service reconnection will be required if service has been terminated two (2) times for nonpayment within a twenty-four (24) month period. The deposit shall be in the amount equal to the average of the three (3) previous billing amounts. Sec Charges for sewer service; a lien on real estate served. The charges made for sewer service pursuant to this chapter, if unpaid, shall from the date such charges are due be a lien on the real estate served by such sewer. This provision shall not relieve the tenant or resident of such property from his obligation to pay such charges. When the sewer service is provided to a lessee or tenant, the lien is limited to three months of delinquent sewer charges. When the sewer service is provided to the property owner, the lien may be in the full amount of delinquent sewer charges. The lien amount may also include any applicable penalties and interest on the delinquent charges and reasonable attorney fees and other costs of collection not exceeding 20 percent (20%) of such delinquent charges. Sec Delinquent sewer taxes or charges to be docketed. If any taxes or charges made for sewer or the use thereof in the county remain unpaid for a period of sixty (60) days from the date the bill becomes delinquent, the director of the department of public utilities shall periodically certify as being unpaid, such taxes or charges together with interest thereon as of the date of such certification to the clerk of the circuit court, who shall docket the same in the judgment lien books in his office. If any taxes or charges for sewer service are unpaid and the department learns that the property will be foreclosed upon or otherwise sold, the director may immediately certify such taxes or charges as being unpaid, and such certification shall be docketed in the judgment lien books. 2. That the Hanover County Code, Chapter 23, Water Code, Sections 23-66, and shall be amended to read in its entirety as follows: Sec When and where payable; penalty for failure to pay charge when due. All water charges shall be due and payable thirty (30) days following the billing date and shall be considered delinquent if unpaid thirty-one (31) days following the billing date. Such bills shall be paid at the county treasurer's office or to an agent appointed by the treasurer to receive such payments. Any person failing to pay the charges imposed under this chapter when due shall incur penalty on the delinquent charges of ten (10) percent, except the late payment penalty may be waived for any 19

21 customer who is late only once within a two year period. The penalty shall be added to the amount of the account due from such person. No penalty shall be imposed for failure to pay any account if such failure was not in any way the fault of the user. The director shall make the determination of no fault. Any person failing to pay the charges imposed under this chapter shall be charged interest at an annual rate of ten percent (10%) on the unpaid balance beginning when the account has been delinquent for thirty (30) days. If a person is unable to pay the full amount due on the account, the department may agree to a payment plan allowing the full amount due on the account to be paid over a specific period time. Sec Notice of delinquency; termination of service for nonpayment; fee for resuming service after termination; fee for collection of delinquent balances at place of disconnection; deposit for payment assurance after service termination. After a water bill becomes delinquent, a delinquency notice shall be sent to the customer and shall notify the customer that service to the premises may be discontinued if the bill remains unpaid for sixty (60) days after becoming delinquent. If a bill for water shall remain unpaid for sixty (60) days after becoming delinquent and written notice has been sent by first class mail to the user that the utility service to the premises may be discontinued, the utility service may be discontinued and such utility service shall not be restored until the delinquent account including fee for resuming service after termination has been paid in full to the treasurer. The fee for resuming service after termination is forty dollars ($40.00) if paid during business hours (8:30 a.m. to 5:00 p.m.) and fifty-five dollars ($55.00) if paid after business hours (between 5:00 p.m. and 8:30 a.m.). Where the County supplies both water and sewer, the fee for resuming service is charged only once for resuming both water and sewer. Customers who pay delinquent bills in full at the place where they receive utility service prior to their service being disconnected shall pay a collection fee of forty dollars ($40.00) if paid during business hours (8:30 a.m. to 5:00 p.m.) and fifty-five dollars ($55.00) if paid after business hours (between 5:00 p.m. and 8:30 a.m.). Where the County supplies both water and sewer, the collection fee is charged only once for both services. Utility service shall not be supplied to any person or for the benefit of any person who is in default by reason of nonpayment of any such bill, including the appropriate reconnect charge. If a user vacates the premises, the outstanding charges may be transferred to any other premises within the county where 20

22 the user has service, and if not paid within the time specified, service may be disconnected at the latter premises. A deposit for payment assurance after service reconnection will be required if service has been terminated two (2) times for nonpayment within a twenty-four (24) month period. The deposit shall be in the amount equal to the average of the three (3) previous billing amounts. Sec Charges as lien on property. (a) The charges made for water service pursuant to this article, if unpaid shall, from the date such charges are due, be a lien on the real estate served by such water. This provision shall not relieve the tenant or resident of such property from his obligation to pay such charges. When the water service is provided to a lessee or tenant, the lien is limited to three months of delinquent water charges. When the water service is provided to the property owner, the lien may be in the full amount of delinquent water charges. The lien amount may also include any applicable penalties and interest on the delinquent charges and reasonable attorney fees and other costs of collection not exceeding 20 percent (20%) of such delinquent charges. (b) If any charges made for water or the use thereof in the county remain unpaid for a period of sixty (60) days from the date the bill becomes delinquent, the director shall certify such charges as being unpaid, together with interest thereon, as the date of such certification, to the clerk of the circuit court, who shall docket the same in the judgment books in his office. If any taxes or charges for water service are unpaid and the department learns that the property will be foreclosed upon or otherwise sold, the director may immediately certify such taxes or charges as being unpaid, and such certification shall be docketed in the judgment lien books. 3. That this Ordinance shall be effective retroactively as of July 1, On motion of Mr. Davis, seconded by Ms. Prichard, the members of the Board of Supervisors voted to approve Ordinance amending Chapters 20 and 23 of the Hanover County Code to conform to recent legislative changes, as follows: 21

23 Vote: Aubrey M. Stanley Aye Angela Kelly-Wiecek Aye Sean M. Davis Aye Wayne T. Hazzard Aye W. Canova Peterson Aye Faye O. Prichard Aye Scott A. Wyatt Aye XIV. Public Hearing Ordinance 16-08, and Amendment of the Hanover County Code relating to the appointment of the Chief Fire Marshal, duties, fire lanes and fire hydrants Chief Jethro Piland, Fire/EMS, came forward to explain this request to the Board. The first ordinance is to amend the Hanover County Code by amending section 9-18 appointment to provide that the Fire Marshal is the Chief Fire Official, and section 9-20 authority of duties, to require completion of a Fire Marshal course for certain fire officials before exercising police powers. The second ordinance amends section parking in certain fire lanes to include fire lanes designated in public streets, private streets or on access roadways, and to exempt emergency vehicles and Hanover County Public Schools transportation vehicles from compliance. The third ordinance amends Chapter 15, motor vehicles and traffic, to add section , blocking hydrants and connections to prohibit damage, defacement, obstruction from view and obstruction or restriction of access to any fire hydrant or fire department connection and to prohibit parking of vehicles within fifteen (15) feet of a fire hydrant. At times language in existing ordinances has made enforcement more difficult. These proposed changes will provide greater clarity. The Chairman opened the public hearing and asked that anyone who wished for or against the matter to come forward. Seeing none, the Chairman closed the public hearing. 22

24 ORDINANCE NO AN ORDINANCE AMENDING SECTION 9-18 OF THE HANOVER COUNTY CODE, APPOINTMENT, TO PROVIDE THAT THE FIRE MARSHAL IS THE CHIEF FIRE OFFICIAL, AND SECTION 9-20 OF THE HANOVER COUNTY CODE, AUTHORITY AND DUTIES, TO REQUIRE COMPLETION OF A FIRE MARSHAL COURSE BY CERTAIN FIRE OFFICIALS BEFORE EXERCISING POLICE POWERS. WHEREAS Virginia Code authorizes a local governing body to adopt an ordinance in relation to the powers and duties of its fire department, and chiefs and other officers; WHEREAS Virginia Code provides for the appointment of a fire marshal by the local governing body; WHEREAS Virginia Statewide Fire Prevention Code provides for the selection of a fire official by a local governing body; WHEREAS Chapter 3 of Title 27 of the Code of Virginia establishes the authority and duties of fire marshals; and WHEREAS Virginia Statewide Fire Prevention Code 106 establishes the duties and powers of a fire official; NOW, THEREFORE, BE IT ORDAINED by the Hanover County Board of Supervisors that: 1. Section 9-18 of the Hanover County Code, Appointment, shall be amended to read in its entirety as follows: Sec Appointment There shall be a fire marshal appointed by the chief, subject to confirmation by the board of supervisors. The fire marshal shall be the county fire officials and shall have all the powers and duties set out in Title 27, Chapter 3 of the Code of Virginia pertaining to local fire marshals, including those powers and duties set out in the Statewide Fire Prevention Code. The fire chief and the deputies and assistants of the fire marshal shall also have those powers and duties, in the absence of the fire marshal and as otherwise directed by the fire marshal, and the term fire marshal when used in this division shall include deputies and assistants of the fire marshal. 23

25 2. Section 9-20 of the Hanover County Code, Authority and Duties, shall be amended to read in its entirety as follows: Sec Authority and duties. (a) The fire marshal shall have the authority and duties set out in Title 27, Chapter 3 of the Code of Virginia and in the Statewide Fire Prevention Code, including the power to arrest, to procure and serve warrants of arrest and to issue summons in the manner authorized by general law, for violation of fire prevention and fire safety laws and related ordinances. The fire marshal shall have the same police powers as a sheriff, police officer or law enforcement officer and the fire marshal, deputies, and assistants shall be responsible for investigation and prosecution of all offenses occurring within the county, including the Town of Ashland, involving hazardous materials, fires, fire bombings, bombings, attempts or threats to commit such offenses, false alarms related to such offenses, possession and manufacture of explosive devices, substances and fire bombs. (b) The police powers granted in this section shall only be exercised by the fire chief, fire marshal and the deputies and assistants of the fire marshal following satisfactory completion of a course for fire marshals with police powers, designed by the Virginia Department of Fire Programs in cooperation with the Virginia Department of Criminal Justice Services and approved by the Virginia Fire Services Board. 3. This ordinance shall be effective on the date of adoption. On motion of Mr. Hazzard, seconded by Mrs. Kelly-Wiecek, the members of the Board of Supervisors voted to adopt Ordinance as follows: Vote: Aubrey M. Stanley Aye Angela Kelly-Wiecek Aye Sean M. Davis Aye Wayne T. Hazzard Aye W. Canova Peterson Aye Faye O. Prichard Aye Scott A. Wyatt Aye 24

26 ORDINANCE NO AN ORDINANCE AMENDING SECTION OF THE HANOVER COUNTY CODE, PARKING IN CERTAIN FIRE LANES, TO INCLUDE FIRE LANES DESIGNATED IN PUBLIC STREETS, PRIVATE STREETS OR ON ACCESS ROADWAYS, AND TO EXEMPT EMERGENCY VEHICLES AND HANOVER COUNTY PUBLIC SCHOOLS TRANSPORTATION VEHICLES FROM COMPLIANCE. WHEREAS Virginia Code Section authorizes a local governing body to regulate the parking, stopping and standing of vehicles within the locality and to designate an official of the locality to administer the provisions of such ordinance; WHEREAS Virginia Code authorizes the governing body of a locality to regulate parking on county-owned or leased property; WHEREAS Virginia Code provides that any ordinance regulating parking shall require the local administrative official or officials cause complaints, summons, or warrants to be issued for delinquent parking citations; WHEREAS Virginia Code sets forth conditions precedent to issuance of a summons for violation of a parking ordinance; and WHEREAS Virginia Statewide Fire Prevention Code authorizes fire officials to designate public and private fire lanes as deemed necessary for the efficient and effective operation of fire apparatus; NOW, THEREFORE, BE IT ORDAINED by the Hanover County Board of Supervisors that: 1. Section of the Hanover County Code, Parking in certain fire lanes, shall be amended to read in its entirety as follows: Sec Parking, blocking or obstructing certain fire lanes. (a) It shall be unlawful for any person to park a vehicle within any fire lane designated and marked as such, on any parking lot, public street, private street or access roadway designed to allow access for emergency vehicles. (b) A violation of this section shall be punishable by a fine of one hundred fifty dollars ($150.00). 25

27 (c) Any person receiving a citation for violation of this section may waive his right to trial upon voluntary payment of one hundred dollars ($100.00) pursuant to section of this article. (d) A summons or citation for violation of this section may be issued by authorized personnel of the county sheriff s office or authorized personnel of the county Fire-EMS department. (e) This section shall not apply to emergency vehicles parked while responding to an emergency or other call for service, or to transportation vehicles belonging to Hanover County Public Schools parked on school property for the purpose of loading and unloading students at times designated by Hanover County Public Schools officials. 2. This ordinance shall be effective on the date of adoption. On motion of Mr. Hazzard, seconded by Mrs. Kelly-Wiecek, the members of the Board of Supervisors voted to adopt Ordinance 16-09, as follows: Vote: Aubrey M. Stanley Aye Angela Kelly-Wiecek Aye Sean M. Davis Aye Wayne T. Hazzard Aye W. Canova Peterson Aye Faye O. Prichard Aye Scott A. Wyatt Aye ORDINANCE NO AN ORDINANCE AMENDING THE HANOVER COUNTY CODE, CHAPTER 15, MOTOR VEHICLES AND TRAFFIC, TO ADD SECTION , BLOCKING HYDRANTS AND CONNECTIONS, TO PROHIBIT DAMAGE, DEFACEMENT, OBSTRUCTION FROM VIEW AND OBSTRUCTION OR RESTRICTION OF ACCESS TO ANY FIRE HYDRANT OR FIRE DEPARTMENT CONNECTION AND TO PROHIBIT PARKING OF VEHICLES WITHIN FIFTEEN FEET OF A FIRE HYDRANT, AND TO AMEND SECTION 15-44, WAIVER AND VOLUNTARY PAYMENT OF FINE; CONTEST OF CITATION, TO PERMIT WAIVER AND VOLUNTARY PAYMENT OF FINES FOR VIOLATIONS OF SECTION

28 WHEREAS Virginia Code authorizes a local governing body to regulate parking, stopping and standing of vehicles within the locality, including any vehicle blocking access to and preventing use of fire hydrants; WHEREAS Virginia Code authorizes the governing body of any county to prohibit parking within fifteen feet of any fire hydrant or in any way obstructing a fire hydrant on county-owned or leased property; WHEREAS Virginia Code provides that any ordinance regulating parking shall require the local administrative official or officials to cause complaints, summons, or warrants to be issued for delinquent parking citations; and WHEREAS Virginia Code provides for the uncontested payment of citation penalties for a violation of a county ordinance regulating parking; NOW, THEREFORE, BE IT ORDAINED by the Hanover County Board of Supervisors that: 1. Section of the Hanover County Code, Blocking hydrants and connections, shall be added to Chapter 15, Motor Vehicles and Traffic, and read in its entirety as follows: Sec Blocking hydrants and connections. (a) It shall be unlawful to damage, deface, obscure from view, obstruct or restrict access to any fire hydrant or any fire department connection for the pressurization of fire suppression systems, including fire hydrants and fire department connections on private property. (b) It shall be unlawful for any person to park any vehicle within fifteen (15) feet of a fire hydrant or fire department connection in any direction. (c) A violation of this section shall be punishable by a fine of one hundred fifty dollars ($150.00). (d) Any person receiving a citation for violation of this section may waive his right to trial upon voluntary payment of one hundred dollars ($100.00), pursuant to section of this article. (e) A summons or citation for violation of this section may be issued by authorized personnel of the county sheriff s department or authorized personnel of the county Fire-EMS department. (f) This section shall not apply to emergency vehicles, county waterworks personnel, or service contractors using such fire hydrant or fire department connection for the purpose of firefighter training, recharging, maintenance, repair, or for other reasons designated by the Department of Public Utilities. 27

29 2. Section of the Hanover County Code, Waiver and voluntary payment of fine; contest of citation, shall be amended and read in its entirety as follows: Sec Waiver and voluntary payment of fine; contest of citation. (a) Any person receiving a citation that he has violated section 15-41, 15-42, or 15-43, or may waive his right to appear and be tried for the offense set forth in the citation. Such waiver shall be effective upon voluntary payment of the amount specified in the citation to the county treasurer s office, within thirty (30) days from the date written on the citation, or upon voluntarily placing the amount specified in the citation in the reply mail envelope on which the citation is printed and mailing it to the county treasurer s office, so that it is postmarked within thirty (30) days from the date written on the citation. Such person shall not thereafter be required to appear before the general district court for trial upon the charge set forth in the citation. Uncontested payment of parking citation penalties shall be collected and accounted for by the county treasurer s office. (b) Any person who wishes to contest the charged violation must appear in person before the Clerk of the Hanover County General District Court within thirty (30) days from the date written on the citation to have his case placed on the court docket for a hearing. The contest by any person of any parking citation shall be certified on an appropriate form to the Hanover County General District Court. 3. This ordinance shall be effective on the date of adoption. On motion of Mr. Hazzard, seconded by Mrs. Kelly-Wiecek, the members of the Board of Supervisors voted to adopt Ordinance as follows: Vote: Aubrey M. Stanley Aye Angela Kelly-Wiecek Aye Sean M. Davis Aye Wayne T. Hazzard Aye W. Canova Peterson Aye Faye O. Prichard Aye Scott A. Wyatt Aye 28