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10-16-2002 MinutesBOARD OF SUPERVISORS MINUTES October 16, 2002 Supervisors in Attendances Mr. Kelly E. Miller, Chairman Mr. Arthur S. Warren, Vice Chrm. Mr. Edward B. Barber Mrs. Renny Bush Humphrey Mr. J. L. McHale, III Mr. Lane B. Ramsey County Administrator Legislative Delegation in Attendances The Honorable M. Kirkland Cox The Honorable Franklin P. Hall The Honorable Riley E. Ingram The Honorable Dwight C. Jones The Honorable Bradley P. Marrs The Honorable Stephen H. Martin The Honorable Samuel Nixon, Jr. The Honorable John C. Watkins Staff in Attendances Ms. Marilyn Cole, Asst. County Administrator Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. William Davenport, Commonwealth's Attorney Mr. Bradford S. Hammer, Deputy Co. Admin., Human Services Ms. Lisa Elko, Clerk Mr. Don Kappel, Dir., Public Affairs Mr. Steven L. Micas, County Attorney Ms. Sheila Minor, Revenue Analyst Mr. James J. L. Stegmaier, Deputy Co. Admin., Management Services Mr. M. D. Stith, Jr., Deputy Co. Admin., Community Development 1. MEETING WITH LEGISLATIVE DELEGATION Mr. Miller called the adjourned meeting to order at 5:16 p.m. and welcomed the members of the legislative delegation. Mr. Ramsey provided a brief overview of the agenda for the meeting and talked about the state's general fund budget, indicating that 49 percent goes to aid to localities. He expressed concerns that Governor Warner announced $800 million in budget reductions out of a $1.5 billion shortfall, and that the next round of budget cuts will heavily impact aid to localities. He noted that the count~ has placed 5 percent of its budget in reserve in anticipation of the state budget cuts, but expressed concerns that the full impact of the state's budget reductions is unknown. Mr. Miller then asked for comments from the legislative delegation relative to issues of their various committees and the state budget. Senator Martin stated that he serves on a commission that will be recommending consolidation and repeal of a substantial number of state boards and commissions. He further stated that, by the end of the next General Assembly session, he feels the state government structure will be substantially different. 02- 727 10/16/02 Senator Watkins stated that he feels Chesterfield County needs to be proactive in its efforts to receive fundinH from the Commonwealth Transportation Board for Public Private Transportation Act (PPTA) projects. He further stated that he intends to pursue through budget amendments proactive action to maintain at least a part of the LINK Transit service to the county. He stated that he feels there may be a consolidation of technology services currently within state government that will have an effect on local government and the types of resources available, indicating that this could work to the county's advantage if it desires to be a part of the effort. Delegate Cox stated that forthcoming budget cuts could include various areas of education and House Bill 599 funding. He further stated that he anticipates the Commission on the Future of the Environment will bring forward legislation relative to bio-solids. He stated that he feels the 15 percent budget cuts in the natural resources area will be an issue at the 2003 General Assembly session. Delegate Hall stated that he anticipates the real pain from budget cuts will come in December and January, and everyone will share the pain, including education, human resources, health services, and public safety. He requested that the Board provide the legislative delegation with a list of priority areas for the protection of funds. He expressed concerns relative to funding the completion of Route 288 and stated that he feels primary road funding needs to be restored. Delegate Ingram expressed concerns relative to tranSportation funds being used for repaying of roads that are in good condition. He stated that he feels the "nice programs" will be placed on the back burner with the budget cuts. He further stated that he feels all of the carry-over legislation in the Counties, Cities and Towns Committee, including the by-right placement of manufactured housing, is controversial and should die and have to be re-introduced. Delegate Marrs stated that House Bill 1212 was carried over in an effort to keep it alive, and he does not anticipate a compromise. He further stated that he believes federal regulatory requirements drive the classification of these various types of manufactured housing and the state has very little control over this. He stated that he appreciates the county's concerns regarding House Bill 1212 as long as it is alive. Delegate Nixon stated that the possibility of raising revenues by increasing certain sin taxes has been discussed since the 2002 General Assembly session. He further stated that the tobacco industry is a very important sector in the state's economy and indicated that he will oppose an increased excise tax on cigarettes, and he hopes the other members of the county's delegation will do the same. Discussion ensued relative to the possibility of an excise tax on alcohol sales. Senator Martin inquired as to what issues the county has with House Bill 1212. 02- 728 10/16/02 Mrs. Humphrey stated that the county has over 40,000 lots that cannot be developed under current development standards. She further stated that, through current zoning standards, the Board can address the continuity of communities. She stated that historically in Virginia, the General Assembly has given land use authority to the public through local governments, and expressed concerns that slowly that authority is eroding. She noted that not every community in the county has covenants and restrictions that will address manufactured housing. She stated that the county has more manufactured homes as primary residences than Virginia Beach, Chesapeake and Prince William, and that she feels circumventing the land use process by the manufactured housing industry is not smart growth. Senator Martin stated that he does not want to see a category that is so broad as to prohibit things that you would not really want to be prohibit. Mr. Miller expressed concerns that by-right placement of manufactured housing could circumvent the revitalization efforts of older neighborhoods. Mrs. Humphrey expressed concerns that setbacks and other things could not be assessed with by-right placement of manufactured housing, and implored the legislative delegation to leave land use authority in the discretion of localities. Senator Martin stated that there are some localities that prohibit manufactured housing altogether, and the legislation is designed to keep this from happening. Mr. Miller stated that he feels this is a substantial issue and expressed concerns that by-right placement of manufactured housing would disenfranchise the citizens because they would no longer have any input in the process. Senator Watkins stated that he anticipates significant policies will be addressed in the 2003 General Assembly session because of the three-year drought. He further stated that it might be in the best interest of the county to add to its legislative package support for the state taking a collective look at its inventory of water resources, studying the possibilities, and establishing a plan to address additional water resources. He stated that in-stream flow should be coordinated in existing water resources and a criteria established for designating a phase-in of water restrictions. Mrs. Humphrey stated that she and Mr. Miller have met with neighboring jurisdictions to discuss a future reservoir site. Delegate Hall requested that the Board advise the legislative delegation of the county's desires in the area of water resources, and stated that he does not feel this issue will go unnoticed even with budgetary concerns. Mr. Ramsey stated that Appomattox River Water Authority is pursuing a large off-stream storage that would double Lake Chesdin's capacity. He further stated that there have also been discussions relative to the Lake Genito plans that were 02- 729 10/16/02 developed years ago. He stated that the county was advised by the Department of Environmental Quality and the Corps of Engineers to forget about Lake Genito. Delegate Hall indicated that with the current drought situation, Lake Genito could still be an option. Sentor Watkins expressed concerns that the county may not be looking far enough into the future to address water concerns. He stated that Chesterfield County is located in an interdependent region and if something catastrophic happened with the James River, the county's reservoir would then go on-line for the entire region. He further stated that he feels the support of all jurisdictions will be necessary to enable the state to move in a direction to meet the water needs of all localities in the state. It was generally agreed that language be added to the county's legislative program relative to protection of water resources. Ms. Curtin presented an overview of the county's draft 2003 legislative program. She reviewed legislative priorities, including protecting the cash proffer authority; supporting efforts to repeal House Bill 1299, non-conforming use, manufactured housing, from the 2002 General Assembly; and opposing the by-right placement of manufactured homes in any residential district. She noted that the Board will adopt its legislative program on October 23, 2002. Discussion ensued relative to the possibility of repealing House Bill 1299 as passed by the 2002 General Assembly and also to the request regarding payment of jurors. Delegate Hall stated that he does not feel there will be any opposition to the request to provide the EMS passport to volunteer firefighters and volunteer rescue squads. Senator Watkins suggested that the language in the EMS passport legislation be general enough to be applicable state-wide. Discussion ensued relative to supporting the efforts to repeal House Bill 1299 and the prolblems that the legislation created in southwest Virginia. Mr. Miller stated that the mobile home ordinance adopted by the Board was not designed to rid the county of mobile homes, but to upgrade the standards of mobile home parks. Mr. Miller then thanked the me~mbers of the legislative delegation for meeting with the Board. Mrs. Humphrey requested that the legislative delegation leave the county as intact as possible, and also protect school construction funding as best as possible. It was generally agreed that the Board recess for ten minutes. 02- 730 10/16/02 Reconvening: 2. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(7), CODE OF VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION WITH LEGAL COUNSEL AND THE COMMONWEALTH'S ATTORNEY PERTAINING TO SECTION 18.2-485 AND SECTION 18.2-.408 OF THE CODE OF VIRGINIA On motion of Mr. McHale, seconded by Mr. Barber, the Board went into Closed Session pursuant to Section 2.2-3711(A) (7), Code of Virginia, 1950, as amended, for consultation with legal counsel and the Commonwealth's Attorney pertaining to Section 18.2-485 and Section 18.2-408 of the Code of Virginia. Ayes: Miller, Warren, Barber, Humphrey and McHale. Nays: None. Reconvening: On motion of Mr. McHale, seconded by Mrs. Humphrey, Board adopted the following resolution: the WHEREAS, the Board of Supervisors hals this day adjourned into Closed Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 provides for certification that such Closed Session was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Closed Session to which this certification applies, and ii) only such public business matters as were identified in the Motion by which the Closed Session was convened were heard, discussed, or considered by the Board. No member dissents from this certification. The Board being polled, the vote was as follows: Mr. McHale: Aye. Mrs. Humphrey: Aye. Mr. Barber: Aye. Mr. Warren: Aye. Mr. Miller: Aye. 02- 731 10/16/02 3. R.DJO~NT On motion of Mr. McHale, seconded iby Mr. Humphrey, the Board adjourned at 7:20 p.m. until October 23, 2002 at 4:00 p.m. Ayes: Miller, Warren, Humphrey, Barber and McHale. Nays: None. ~aounn~t~' A~imnS~Ys trato~ Chairman~,~ 02- 732 10/16/02