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09-04-2002 MinutesBOARD OF SUPERVISORS MINUTES September 4, 2002 Supervisors in Attendances Mr. Kelly E. Miller, Chairman Mr. Arthur S. Warren, Vice Chrm. Mr. Edward B. Barber (morning session only) Mrs. Renny Bush Humphrey Mr. J. L. McHale, III (afternoon session only) Mr. Lane B. Ramsey County Administrator Staff in Attendances Mr. Craig Bryant, Dir., Utilities (afternoon only) Ms. Marilyn Cole Asst. County Admin. (afternoon only) Ms. Mary Ann Curtin, Dir., Intergovtl. Relations (afternoon only) Ms. Lisa Elko, Clerk (afternoon only) Mr. Donald Kappel, Dir., Public Affairs Mr. Jeffrey L. Mincks, Deputy County Attorney Mr. Francis Pitaro, Dir., General Services (afternoon only) Ms. Lynda Price, Coord., Fire Emergency Mgmt. (afternoon only) Mr. James Stegmaier, Deputy Co. Admin., Management Services Mr. M. D. Stith, Jr., Deputy Co Admin., Community Development Mr. Miller called the meeting to order at 7:35 a.m. for a presentation by Mr. Greg Pearson of the Observer. It was generally agreed upon at that time that the Board would recess to Room 502 at 5:00 p.m. after Mr. Pearson's presentation. Mr. Pearson presented 2002 Demographic and Income Data for Chesterfield County. The Observer obtained data from Claritas Incorporated and provided a report to approximately 50 individuals from the private and public sector. Following the presentation there was a brief question and answer session. The major highlight from the data was that Chesterfield County has a higher median family income than neighboring jurisdictions. Reconvening: Mr. Miller called the reconvened meeting to order at 5:12 p.m. (It was noted that Mr. afternoon session). Barber did not return for the 02-624 09/04/02 1. NEW BUSINESS 1.A. SUSPENSION OF MANDATORY RESTRICTIONS ON THE USE OF PUBLIC WATER AND ADOPTION ON AN EMERGENCY BASIS OF NEW MANDATORY RESTRICTIONS OF THE USE OF PUBLIC WATER, GROUND WATER, AND SURFACE WATER IN ACCORDANCE WITH THE C~)VEENOR'S EXECUTIVE ORDER; AND SETTING OF HFs%RING TO HE-ADOPT NEW RESTRICTIONS PUBLIC Mr. Ramsey gave an overview of previous actions taken by the Board and the Statewide Directive issued by the Governor on Thursday, August 29, 2002, which supersedes the water conservation measures that the county put into place. This meeting would bring our water conservation measures into compliance with the Directive from the Governor. Mr. Mincks summarized the changes that would be implemented by the Governor's Directive and the county's proposed ordinance. Discussion ensued regarding the Governor's Directive and the county's proposed ordinance. Mr. Miller recognized Mr. Fran Pitaro regarding an issue involving General Services and the sprinkler system at the Courts Building. The system was turned on today to locate the sprinkler heads for purpose of aerating the lawn. Mr. Mincks stated that the Governor's Directive does not allow for an exception in this situation. Further discussion ensued regarding the coordination between the county and the Governor's Office regarding the waivers being provided by the Governor's Office. Mr. Warren asked how much water has been saved since the mandatory restrictions have been put into place. Mr. Ramsey stated that with what the Governor has put into place we should see a 15-16 million gallon a day savings. Mr. Warren requested that we send out a press release stating that our citizens are respecting the restrictions and the county is saving water due to their efforts. Mr. Miller requested a letter be sent to corporate entities in the county regarding water conservation measures. Discussion ensued regarding the communication of these new restrictions to our citizens, and the fee structure. On the motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following ordinance on an emergency basis: AN ORDINANCE SUSPENDING THE COUNTY MANDATORY RESTRICTIONS ON USE OF PUBLIC WATER AND IMPOSINGMANDATORY RESTRICTIONS ON THE USE OF PUBLIC WATER, SURFACE WATERS AND GROUND WATER IN ACCORDANCE WITH THE GOVERNOR'S EXECUTIVE ORDER BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 1. That the follows: following ordinance is hereby adopted as 02-625 09/04/02 Sec. 1. Suspension of mandatory restrictions on use of public water. Due to the adoption by the Governor of Virginia of Executive Order 33 on August 30, 2002, the County ordinance imposing mandatory restrictions on use of public water adopted by the Board of Supervisors on an emergency basis on July 24, 2002 and readopted on August 28, 2002, hereafter referred to as the County Mandatory Water Restriction Ordinance is hereby suspended until such time as Executive Order 33 is no longer in force and effect as to Chesterfield County. At such time as Executive Order 33 is no longer in force and effect as to Chesterfield County, the County Mandatory Water Restriction Ordinance shall immediately become effective again. Sec. 2. Mandatory water use restrictions. No public water, ground water, or surface water shall be used for any of the activities prohibited by Executive Order 33, or by any modification hereafter made to Executive Order 33. Any modification to the water use prohibitions adopted by the Governor shall be prohibited in the County by this ordinance, mutatis mutandis. If Executive Order 33 is amended, superseded or otherwise modified in a way that permits a water use that is not permitted by the County Mandatory Water Restriction Ordinance, or if the Drought Coordinator grants an exception to the restrictions of the Executive Order that permits a water use that is not permitted by the County Mandatory Water Restriction Ordinance, then the prohibition of the County Mandatory Water Restriction Ordinance shall be in full force and effect, and the water use that would otherwise have been permitted by such amendment, supersession, modification or exception shall still be prohibited in Chesterfield County as provided in such Ordinance. In addition, washing paved areas is prohibited except for health and safety requirements. Sec. 3. These restrictions shall take effect immediately upon adoption of this ordinance. Sec. 4. It shall be a violation of this ordinance for any person to use water or allow, or cause the use of water in violation of any of the provisions of this ordinance. Sec. 5. Penalty. The provisions of section 6 of the County Mandatory Water Restriction Ordinance shall apply to violations of this ordinance. In addition, notice of assessment of fines imposed on violators who are not users of the public water system shall be sent to the address where the violation took place. Sec. 6. This ordinance shall not be set out in the Code. (2) That this ordinance shall take effect immediately and shall expire upon the termination of Executive Order 33 as it affects Chesterfield County, at which time the County Mandatory Water Restriction Ordinance shall once again become effective. And, further, the Board set the date of October 9, 2002 at 7:00 p.m. for a public hearing to consider re-adoption of the ordinance. Ayes: Miller, Warren, Humphrey and McHale. Nays: None. Absent: Barber. 02-626 09/0&/02 On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board suspended its rules at this time to add Item 1.B., County Administrator's Comments to the Agenda. Ayes: Miller, Warren, Humphrey and McHale. Nays: None. Absent: Barber. 1.B. COUNTY ADMINISTRATOR'S COMMENTS Ms. Lynda Price gave a summary of the efforts the county is providing to drought-affected citizens. Discussion ensued regarding citizens on limited incomes and how the county will adapt efforts for them. On motion of Mr. McHale, seconded by Mr. Warren, the Board adjourned at 5:42 p.m. until September 18, 2002 at 3:30 p.m. Ayes: Miller, Warren, Humphrey and McHale. Nays: None. Absent: Barber. · Mmller Chairm~ 02-627 09/04/02