01-19-2017 Regular MeetingREGULAR SCHEDULED MEETING OF THE ISLE OF WIGHT COUNTY
BOARD OF SUPERVISORS HELD IN THE ROBERT C. CLAUD, SR.
BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE ON
THURSDAY, THE NINETEENTH DAY OF JANUARY IN THE YEAR
TWO THOUSAND AND SEVENTEEN AT 5:00 P.M.
PRESENT: Rex W. Alphin, Chairman
William M. McCarty, Vice -Chairman
Rudolph Jefferson
Joel C. Acree
Richard L. Grice
Also Attending: Mark C. Popovich, County Attorney
Randy R. Keaton, County Administrator
Donald T. Robertson, Assistant County
Administrator
Carey Mills Storm, Clerk
The meeting was called to order at 5:00 p.m. by Chairman Alphin.
APPROVAL OF AGENDA
Approved upon motion of Supervisor Jefferson that Approval of the Agenda
be moved to Item I on the agenda which passed unanimously (5-0) with
Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of
the motion and no Supervisors voting against the motion.
Approved upon motion of Supervisor McCarty that the agenda be adopted as
presented which passed unanimously (5-0) with Supervisors Acree, Alphin,
Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
CLOSED MEETING
The following matters were identified for discussion during closed meeting
by County Attorney Popovich: Pursuant to Section 2.2-3711(A)(1) of the
Code of Virginia concerning discussion regarding the appointment of specific
appointees to County boards, committee or authorities; pursuant to Section
2.2-3711(A)(7) regarding consultation with legal counsel regarding actual
litigation with International Paper, where such consultation would adversely
affect the negotiating or litigation posture of this public body; pursuant to
Section 2.2-3711(A)(5) regarding a discussion of prospective business
locating in the County, where no previous announcement has been made;
and, pursuant to Section 2.2-3711(A)(1) regarding a personnel matter.
Supervisor Jefferson moved that the Board enter the closed meeting for the
reasons stated by County Attorney Popovich. The motion was adopted by a
vote of (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty
voting in favor of the motion and no Supervisors voting against the motion.
At 6:00 p.m. Supervisor McCarty moved that the Board return to open
meeting. The motion was adopted by a vote of (5-0) with Supervisors Acree,
Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Jefferson moved that the following Resolution be adopted:
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: Acree, Alphin, Grice, Jefferson and McCarty
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
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INVOCATION/PLEDGE OF ALLEGIANCE
The invocation was delivered by Supervisor McCarty who led the Pledge of
Allegiance to the Flag.
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CITIZENS' COMMENTS
Kembry McNeil -Thompson, a student of Smithfield High School, presented
the Board with a book entitled Packer Pig Tales written and published by
students of Smithfield High School as a creative writing project.
Buzz Bailey of Carrollton expressed dissatisfaction on the conduction of
Chairmanship nominations at the Board's January 5, 2017 organizational
meeting because the Board has traditionally observed a rotational
Chairmanship and Supervisor Jefferson should have been elected as the
Chairman for 2017. He cautioned how this action may be viewed by the
Justice Department, particularly with respect to the Board's previous action
to appoint Donald Robertson as the Interim County Administrator and
replacing him with a temporary County Administrator until County
Administrator Keaton was hired.
Others who expressed concern about Chairmanship nominations were
Michael Uzzell of the Hardy District; Valerie Butler representing the
NAACP; Ed Easter of Carrollton who also recommended the creation of six
districts with one at large district; and, Rosa Turner of the Hardy District,
Richard Gillerlain of Carrollton expressed disapproval of a proposed six
cents' real estate tax increase; recommended that a staff position be created
and funded by events centers approved in the County; and, encouraged the
enactment of regulations with unregulated lodging facilities to include ADA
compliance.
Herb DeGroft of the Hardy District commented on the cost of government
and recommended that an efficiency study be conducted.
Shirleen Harper of the Hardy District commented on her dissatisfaction with
transparency of the Board with regard to public hearings.
Tim Lavallee of Smithfield addressed events centers and encouraged the
Board to set certain conditions to make these facilities fit better in rural
communities.
Supervisor Jefferson commented that potential accidents and crime are not
reasons to deny development in the Rushmere area. He added with regard to
his not being nominated Chairman, he intends to continue working with the
current Board and contribute what he can to make the County a better place
to live and work.
Supervisor Acree expressed concern with the perception that Supervisor
Jefferson was not nominated as Chairman due to his race. He expressed his
respect for him as an elected official of this Board.
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Supervisor McCarty commented that he would not begrudge, discriminate or
do anything to harm any of the Board members who value and care about one
another and that the Board will continue to do what is best for the citizens of
the County.
Chairman Alphin commented that this Board works and treats each other well
and he looks forward to working with this Board in 2017.
CONSENT AGENDA
A. County Fair Committee Executive Board
B. Resolution to Accept and Appropriate Grant Funds from the U. S.
Department of Justice State Criminal Alien Assistance Program
(SCAAP) ($91)
C. Resolution to Accept and Appropriate Funds from the
Commonwealth's Opportunity Fund ($167,500)
D. Resolution to Accept and Appropriate Virginia Economic Development
Partnership (VEDP) Virginia Business Ready Sites Program Grant
Funds ($2,025)
E. Resolution to Accept and Appropriate Insurance Proceeds from
VaCorp Risk Management for Repairs to and Replace of Sherriff's
Department Vehicles ($23,256)
F. Meeting Minutes of Regular Meeting of November 17, 2016; Work
Session of December 1, 2016, and Regular Meeting of December 15,
2016
Supervisor McCarty moved that the agenda be adopted as presented which
passed unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson
and McCarty voting in favor of the motion and no Supervisors voting against
the motion.
REGIONAL AND INTER -GOVERNMENTAL REPORTS
Supervisor Jefferson reported on issues related to the Western Tidewater
Regional Jail involving its 2017 budget; the number of County inmates; the
number of employees who are County residents; and, savings realized by the
County by utilizing inmates. He further reported that the Jail has hired a
mental health specialist and saved $6,200 on an existing contract.
Supervisor McCarty reported on issues discussed related to a regional work
force training plan at the most recent meeting of the Hampton Roads Work
Force Development Board.
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Supervisor Grice reported on discussions at the most recent Water & Sewer
Task Force to improve the goal of providing water to the County.
County Administrator Keaton reported on the award of $100 million by the
Commonwealth Transportation Board at the most recent meeting of the
Hampton Roads Transportation Organization for the high rise bridge
widening project in Chesapeake and $50 million for the US 64/264
interchange in Norfolk and Virginia Beach. He further reported that the
Route 460 project will not be funded in its current form and options for the
Route 460 corridor will be explored.
County Administrator Keaton reported that the Hampton Roads Planning
District Commission received a presentation on the economy of the region
and the Commission's economic projection for 2017.
APPOINTMENTS
Supervisor McCarty moved that Richard Matthews be appointed to serve on
the Water & Sewer Task Force which passed unanimously (5-0) with
Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of
the motion and no Supervisors voting against the motion.
Chairman Alphin moved that Harold Butler be appointed to serve on the
Water & Sewer Task Force which passed unanimously (5-0) with
Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of
the motion and no Supervisors voting against the motion.
Supervisor Jefferson moved that Supervisor McCarty be appointed to serve
on Opportunity, Inc. which passed unanimously (5-0) with Supervisors
Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Grice moved that Robert Holland be appointed to serve on the
Paul D. Camp Community College Board which passed unanimously (5-0)
with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in
favor of the motion and no Supervisors voting against the motion.
Chairman Alphin moved, which passed unanimously (5-0) with Supervisors
Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion
and no Supervisors voting against the motion, that the following Board
members be appointed to the following Board Standing Committees:
Public Works Acree
(Trash, Bldg, Refuse, Fleet) McCarty
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Community Development Grice
(ED, Planning, Inspections, Alphin
Utilities)
Joint Tourism Grice
McCarty
Parks, Recreation & Jefferson
Cultural Alphin
Personnel Jefferson
McCarty
Public Safety Jefferson
(Fire, EM, 911, Sheriff) Acree
Intergovernmental Water & Acree
Sewer Task Force Grice
Franklin Intergovernmental Acree
Relations Alphin
Srpithfield Intergovernmental Jefferson
Relations Grice
Windsor Intergovernmental Acree
Relations Alphin
SPECIAL PRESENTATIONS/APPEARANCES
Joe Lomax, VDOT Franklin Residency Administrator, updated the Board
relative to County roadway maintenance and paving, mowing and ditch
projects.
Supervisor Grice requested a 35 mph speed limit sign be installed on
Blount's Corner Road and a directional sign to Suffolk at the Benn's Church
intersection.
Supervisor McCarty asked for VDOT's continued efforts in keeping the right
of way clean of debris at the entrance to the James River Bridge.
Chairman Alphin requested the installation of a temporary speed limit sign
on the detour road in Carrsville and that the speed limit be increased at the
divided highway on Route 10 and Chuckatuck.
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PUBLIC HEARINGS
Chairman Alphin called for a public hearing on the following application:
Bryan and Amanda Boyes, Owners, for an Exception to Article 4, Section
4001 of the Chesapeake Bay Preservation Area Ordinance to Allow
Encroachment of 578 Square Feet into the 100 -foot -wide Resource
Protection Area Buffer to Build Two Bedrooms, One -Bathroom, and a
Covered Wooden Deck Addition at 15437 Laurelwood Drive, Carrollton, in
the Newport Election District.
Kim Hummel, Environmental Planner, briefed the Board relative to the
purpose and need of the applicant's request for an exception to Article 4,
Section 4001 of the Chesapeake Bay Preservation Area Ordinance to allow
encroachment of 578 square feet into the 100 -foot -wide Resource Protection
Area Buffer. She conveyed the Planning Commission's vote of (8-0) in favor
and staff's recommendation that the exception be granted by the Board.
Chairman Alphin called for persons to speak in favor or in opposition to the
application.
Bryan Boyes, applicant, expressed the importance of community, which
resulted in his decision to add two bedrooms, one bathroom and a covered
wooden deck onto his existing home to accommodate his growing family.
Chairman Alphin closed the public hearing.
Supervisor McCarty moved that the application be approved with no
conditions which passed unanimously (5-0) with Supervisors Acree, Alphin,
Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Alphin called for a public hearing on the following application:
Preston and Valerie Artis, Owners, for Conditional Zoning of 0.25
Acres of Land, Part of a 12.6 Acre Parcel, located at 18442 Muddy
Cross Drive in the Windsor Election District to Change the Zoning
Classification from Rural Agricultural Conservation to Conditional
Limited Commercial (C -LC) and Amend the Permitted Uses on the
Property.
Richard Rudnicki, Assistant Director of Planning & Zoning, briefed the
Board relative to the purpose of the request to change the zoning
classification to allow for a commercial activity which is no longer compliant
for a home occupation. He conveyed the Planning Commission's vote of (6-
2) to deny the request because of nonconformance of the Comprehensive
Plan, spot zoning and commercial nature of the change, alternative solutions
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and concerns expressed by the reviewing agencies. He advised that staffs
recommendation is also to deny the request.
Chairman Alphin called for persons to speak in favor of or in opposition to
the application.
Valerie and Preston Artis acknowledged their failure to do the proper
research and noted their desire to correct that by taking the proper action at
this time to allow for the requested commercial activity of parking their non-
emergency medical transportation vehicles.
David and Debra Hayes of Carrollton; Katherine Lias of Smithfield; Rodney
Saunders of Carrollton; Christine Rankin of Muddy Cross Drive; Michelle
Davis; Mary Jones of Smithfield; Steve and Kelly Fomie of Muddy Cross
Drive; Leona Davis Daniels; and, Jimmy Crock appeared and spoke in favor
of this request.
Chairman Alphin closed the public hearing.
County Administrator Keaton advised the Board that proposed changes to the
Zoning Ordinance to prevent situations such as commercial zones in rural
residential areas by applying for a Conditional Use Permit have been drafted
by staff for discussion by the Planning Commission at its January 2017
meeting and will be brought before the Board at its February 2017 meeting.
Supervisor Acree moved that the application be tabled until a Conditional
Use Permit is identified that may or may not assist the applicants in their
endeavor and that the applicants be allowed 45 days to continue to operate
and park their vehicles which passed unanimously (5-0) with Supervisors
Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion
and no Supervisors voting against the motion.
Chairman Alphin called for a public hearing on the following:
Line of Credit Not to Exceed $6.5M for Machinery and Tools Tax
Refunds
Jimmy Sanderson, Davenport & Company, briefed the Board regarding the
proposals received in response to the proposed Line of Credit and his
recommendation that the County move forward with the Bank of America
proposal.
Chairman Alphin called for comments from persons in favor of or in
opposition to the proposed Line of Credit.
No one appeared and spoke.
Chairman Alphin closed the public hearing.
Supervisor McCarty moved that the following resolution be adopted
authorizing the issuance of a revenue anticipation note which passed
unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and
McCarty voting in favor of the motion and no Supervisors voting against the
motion:
RESOLUTION AUTHORIZING THE ISSUANCE OF A TAX AND
REVENUE ANTICIPATION NOTE OF ISLE OF WIGHT COUNTY,
VIRGINIA, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO
EXCEED $6,500,000
WHEREAS, pursuant to Section 10(b) of Article VII of the Constitution of
Virginia and Section 15.2-2639 (formerly Section 15.1-227.40) of the Code
of Virginia of 1950, as amended (the "Code"), Isle of Wight County, Virginia
(the "County"), has elected by the affirmative vote of the qualified voters of
the County, to be treated as a city for the purpose of incurring debt and
issuing bonds under the Public Finance Act of 1991 (the "Act");
WHEREAS, pursuant to the Act, the County is authorized to borrow money
in anticipation of the collection of the taxes and revenues of the County for
the fiscal year ending June 30, 2017, and to issue its notes therefor;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF
WIGHT COUNTY, VIRGINIA:
1. It is determined to be necessary and expedient for the County to borrow
money to pay expenses (the "2017 Expenses") expected to be incurred prior
to the collection of the taxes and revenues of the County for the fiscal year
ending June 30, 2017—specifically, the repayment of certain overpayments
of taxes received in prior years—and to issue the County's tax and revenue
anticipation note therefor.
2. Pursuant to the Constitution and statutes of the Commonwealth of
Virginia, including the Act, there is authorized to be issued a tax and revenue
anticipation note of the County in an aggregate principal amount not to
exceed $6,500,000 to provide funds to pay the 2017 Expenses and related
costs of issuance.
3. The note shall bear such date, mature at such time not exceeding one
year from its date, bear interest at such rate, be in such denomination and
form, be executed in such manner and be sold at such time and in such
manner as the Board may hereafter provide by appropriate resolution.
4. The note shall be payable from the collection of the taxes and revenues
of the County for the fiscal year ending June 30, 2017. In addition, the note
shall be a general obligation of the County for which the full faith and credit
of the County shall be irrevocably pledged for the payment of principal
thereof and premium, if any, and interest thereon.
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5. The Clerk of the Board, in collaboration with the County Attorney, is
authorized and directed to see to the immediate filing of a certified copy of
this Resolution in the Circuit Court of Isle of Wight County, Virginia.
6. This Resolution shall take effect immediately.
Supervisor McCarty moved that the following resolution be adopted
providing for the issuance, sale and award of such anticipation note which
passed unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson
and McCarty voting in favor of the motion and no Supervisors voting against
the motion:
RESOLUTION PROVIDING FOR THE ISSUANCE, SALE AND AWARD
OF A TAX AND REVENUE ANTICIPATION NOTE OF ISLE OF WIGHT
COUNTY, VIRGINIA, IN AN AGGREGATE PRINCIPAL AMOUNT NOT
TO EXCEED $6,500,000, AND PROVIDING FOR THE FORM, DETAILS
AND PAYMENT THEREOF
WHEREAS, pursuant to Section 10(b) of Article VII of the Constitution of
Virginia and Section 15.2-2639 (formerly Section 15.1-227.40) of the Code
of Virginia of 1950, as amended (the "Code"), Isle of Wight County, Virginia
(the "County"), has elected by the affirmative vote of the qualified voters of
the County, to be treated as a city for the purpose of incurring debt and
issuing bonds under the Public Finance Act of 1991 (the "Act");
WHEREAS, pursuant to the Act, the County is authorized to borrow money
in anticipation of the collection of the taxes and revenues of the County for
the fiscal year ending June 30, 2017, and to issue its notes therefor;
WHEREAS, the Board of Supervisors of the County (the "Board") adopted a
resolution on January 19, 2017, authorizing the issuance of a tax and revenue
anticipation note of the County in an aggregate principal amount not to
exceed $6,500,000 to finance expenses (the "2017 Expenses") expected to be
incurred prior to the collection of the taxes and revenues of the County for
the fiscal year ending June 30, 2017—specifically, the repayment of certain
overpayments of taxes received in prior years;
WHEREAS, the Board desires to issue a tax and revenue anticipation note
(as further described herein, the "Note") in an aggregate principal amount not
to exceed $6,500,000 to finance the 2017 Expenses and to pay the related
costs of issuance;
WHEREAS, the County administration and a representative of Davenport &
Company LLC, the County's financial advisor (the "Financial Advisor"),
have recommended to the Board that the County issue and sell the Note
through a loan with a commercial banking or other financial institution;
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WHEREAS, at the request of the County, the Financial Advisor has solicited
proposals for a loan evidenced by the Note; and
WHEREAS, the Board desires to delegate to the County Administrator the
authority to award the Note and to determine the final terms of the Note
within certain parameters set forth below;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF
WIGHT COUNTY, VIRGINIA:
1. Issuance of Note. Pursuant to the Constitution and statutes of the
Commonwealth of Virginia, including the Act, the Board hereby provides for
the issuance and sale of the Note evidencing a loan to provide funds to
finance the 2017 Expenses and to pay related costs of issuance. Further, the
Board hereby authorizes the County Administrator to determine, in
collaboration with the Financial Advisor, which proposal is in the best
interests of the County to accept and to award the Note to such commercial
banking or other financial institution (the "Bank").
2. Details of Note. The Note shall be designated "Tax and Revenue
Anticipation Note, Series 2017," or such other designation as shall be
determined by the County Administrator, shall be in registered form, shall be
dated such date as determined by the County Administrator and shall be
numbered R-1. The Note shall be sold to the Bank with final terms that the
County Administrator, in collaboration with the Financial Advisor,
determines to be in the best interests of the County; provided, however, that
the Note shall (a) be issued in an aggregate principal amount not to exceed
$6,500,000, (b) bear interest at an annual rate not to exceed 2.50%, subject to
adjustment, if any, as determined by the County Administrator, and (c)
mature no later than January 31, 2018. The County Administrator is
authorized to determine, in collaboration with the Financial Advisor, whether
to issue the Note as a federally tax-exempt or taxable obligation.
Upon the decision of the County Administrator, the Note may be delivered in
a form providing for the Bank to make principal advances from time to time
in an aggregate amount not to exceed $6,500,000. An authorized
representative of the Bank shall enter the amount and the date of each such
advance on the Certificate of Principal Advances on the Note when the
proceeds of each such advance are delivered to the County. Each such
advance shall bear interest from the date of such advance as entered on such
Certificate.
Interest on the Note shall be payable on the dates determined by the County
Administrator. Principal on the Note shall be payable in installments in
amounts and on dates determined by the County Administrator. Following
the determination of the final terms, the County Administrator shall execute a
certificate setting forth such final terms and shall file such certificate with the
records of the Board. The actions of the County Administrator in entering
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into the loan evidenced by the Note shall be conclusive, and no further action
with respect to the sale and issuance of the Note shall be necessary on the
part of the Board.
If the date on which any payment is due with respect to the Note is not a
Business Day (as hereinafter defined), the payment shall be made on the next
succeeding Business Day. `Business Day" shall mean a day on which
banking business is transacted, but not including a Saturday, Sunday, legal
holiday or any other day on which banking institutions are authorized by law
to close in the Commonwealth of Virginia.
Principal and interest shall be payable by the Registrar (as hereinafter
defined) by check or draft mailed to the registered owner at the address as it
appears on the registration books kept by the Registrar on the dates selected
by the County Administrator as the record date for the Note (the "Record
Date"); provided, however, that at the request of the registered owner of the
Note, payment will be made by wire transfer pursuant to the most recent wire
instructions received by the Registrar from such registered owner. Principal,
premium, if any, and interest shall be payable in lawful money of the United
States of America.
3. Redemption Provisions. Subject to the limitations contained herein, the
County Administrator is hereby authorized to determine the redemption
provisions of the Note. Such redemption provisions may include the
payment of a call premium not to exceed 2.00% of the par amount of the
Note (or portion thereof) to be redeemed and/or may include a "make -whole"
payment based on market conditions, all as the County Administrator may
determine to be in the best interests of the County.
4. Execution and Authentication. The Note shall be signed by the manual or
facsimile signature of the Chairman or Vice Chairman of the Board and shall
be countersigned by the manual or facsimile signature of the Clerk or Deputy
Clerk of the Board, and the Board's seal shall be affixed thereto or a
facsimile thereof printed thereon; provided, however, that if both of such
signatures are facsimiles, the Note shall not be valid until it has been
authenticated by the manual signature of an authorized officer or employee of
the Registrar and the date of authentication noted thereon.
S. Form of Note. The Note shall be in substantially the form of Exhibit A
attached hereto, with such completions, omissions, insertions and changes
not inconsistent with this Resolution as may be approved by the officers
signing the Note, whose approval shall be evidenced conclusively by the
execution of the Note and delivery thereof to the Bank.
6. Pledge of Current Year Taxes and Full Faith and Credit. The Note shall
be payable from the collection of the taxes and revenues of the County for the
fiscal year ending June 30, 2017. In addition, the full faith and credit of the
County are irrevocably pledged for the payment of principal of and premium,
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if any, and interest on the Note. Unless other funds are lawfully available
and appropriated for timely payment of the Note, the Board shall levy and
collect an annual ad valorem tax, over and above all other taxes authorized or
limited by law and without limitation as to rate or amount, on all locally
taxable property in the County sufficient to pay when due the principal of and
premium, if any, and interest on the Note. Should the Note not be paid in full
at maturity, the amount of the unpaid Note shall be included as an
appropriation in the County's general fund budget for the fiscal year ending
June 30, 2018.
7. Representations by County. The County represents that the anticipated
taxes and revenues of the County for the fiscal year ending June 30, 2017,
will be in excess of $6,500,000. The County also represents that no other
loans will have been or will be made in anticipation of the collection of the
taxes and revenues of the County for such fiscal year and that no such loans
for this or any preceding fiscal year are outstanding and unpaid.
8. Registration, Transfer and Owners of Note. The County Treasurer is
hereby appointed to act as the registrar and paying agent for the Note (the
"Registrar"). Upon request of the County Treasurer, the Board may appoint a
bank or trust company to serve as successor paying agent and registrar for the
Note. The Registrar shall maintain registration books for the registration and
registration of transfers of the Note. Upon presentation and surrender of the
Note at the office of the County Treasurer, or the corporate trust office of the
Registrar if the County Treasurer is no longer serving as Registrar, together
with an assignment duly executed by the registered owner or its duly
authorized attorney or legal representative in such form as shall be
satisfactory to the Registrar, the County shall execute and the Registrar shall
authenticate, if required by Section 4, and deliver in exchange a new Note
having an equal aggregate principal amount, of the same form and maturity,
bearing interest at the same rate and registered in names as requested by the
then registered owner or its duly authorized attorney or legal representative.
Any such exchange shall be at the expense of the County, except that the
Registrar may charge the person requesting such exchange the amount of any
tax or other governmental charge required to be paid with respect thereto.
The Registrar shall treat the registered owner as the person exclusively
entitled to payment of principal, premium, if any, and interest and the
exercise of all other rights and powers of the owner, except that interest
payments shall be made to the person shown as owner on the registration
books on the Record Date.
9. Preparation and Delivery of Note. After the Note has been awarded, the
Chairman or Vice Chairman and the Clerk or Deputy Clerk of the Board are
authorized and directed to take all proper steps to have the Note prepared and
executed in accordance with its terms and to deliver the Note to the Bank
upon payment therefor.
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10. Mutilated, Lost or Destroyed Note. If the Note has been mutilated, lost
or destroyed, the County shall execute and deliver a new Note of like date
and tenor in exchange and substitution for, and upon cancellation of, such
mutilated Note or in lieu of and in substitution for such lost or destroyed
Note; provided, however, that the County shall so execute and deliver only if
the registered owner has paid the reasonable expenses and charges of the
County in connection therewith and, in the case of a lost or destroyed Note,
(a) has filed with the County evidence satisfactory to the County that such
Note was lost or destroyed and (b) has furnished to the County satisfactory
indemnity.
11. Tax Representations and Covenants. If the County Administrator
determines that the Note shall be issued as a federally tax-exempt obligation,
the following representations, covenants and authorizations shall be binding
on the County:
(a) The County represents that there have not been issued, and covenants
that there will not be issued, any obligation that will be treated as part of the
same "issue" as the Note within the meaning of Treasury Regulations Section
1.150(c).
(b) The County covenants that it shall not take or omit to take any action
the taking or omission of which will cause the Note to be an "arbitrage bond"
within the meaning of Section 148 of the Internal Revenue Code of 1986, as
amended, or otherwise cause interest on the Note to be includable in the gross
income for federal income tax purposes of the registered owner thereof under
existing law. Without limiting the generality of the foregoing, the County
shall comply with any provision of law that may require the County at any
time to rebate to the United States any part of the earnings derived from the
investment of the gross proceeds of the Note, unless the County receives an
opinion of nationally recognized bond counsel that such compliance is not
required to prevent interest on the Note from being includable in the gross
income for federal income tax purposes of the registered owner thereof under
existing law. The County shall pay any such required rebate from its legally
available funds.
(c) Such officers of the County as may be requested by bond counsel for
the County are authorized and directed to execute an appropriate certificate
setting forth (a) the expected use and investment of the proceeds of the Note
in order to show that such expected use and investment will not violate the
provisions of Section 148 of the Code, and (b) any elections such officers
deem desirable regarding rebate of earnings to the United States for purposes
of complying with Section 148 of the Code. Such certificate shall be
prepared in consultation with bond counsel for the County, and such
elections shall be made after consultation with bond counsel.
(d) The County covenants that it shall not permit the proceeds of the Note
or the facilities financed therewith to be used in any manner that would result
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in (i) 5% or more of such proceeds or facilities being used in a trade or
business carried on by any person other than a governmental unit, as
provided in Section 141(b) of the Code, (ii) 5% or more of such proceeds or
facilities being used with respect to any output facility (other than a facility
for the furnishing of water), within the meaning of Section 141(b)(4) of the
Code, or (iii) 5% or more of such proceeds being used directly or indirectly
to make or finance loans to any persons other than a governmental unit, as
provided in Section 141(c) of the Code; provided, however, that if the
County receives an opinion of nationally recognized bond counsel that any
such covenants contained in this Subsection 11(d) need not be complied with
to prevent the interest on the Note from being includable in the gross income
for federal income tax purposes of the registered owner thereof under
existing law, the County need not comply with such covenants.
12. Other Actions. All other actions of officers of the County in
conformity with the purposes and intent of this Resolution and in furtherance
of the issuance and sale of the Note are ratified, approved and confirmed.
The officers of the County are authorized and directed to execute and deliver
all certificates and instruments and to take all such further action as may be
considered necessary or desirable in connection with the issuance, sale and
delivery of the Note.
13. Repeal of Conflicting Resolutions. All resolutions or parts of
resolutions in conflict herewith are repealed.
14. Filing. The Clerk of the Board, in collaboration with the County
Attorney, is authorized and directed to see to the immediate filing of a
certified copy of this Resolution in the Circuit Court of Isle of Wight County,
Virginia.
15. Effective Date. This Resolution shall take effect immediately.
COUNTY ADMINISTRATOR'S REPORT
A legislative update of the 2017 General Assembly session was provided by
Mr. Robertson for the Board's information.
An update on the kayak launch project at the Nike Park pier was provided by
David Smith, Director of Parks and Recreation, for the Board's information.
Matters for the Board's information were highlighted by County
Administrator Keaton.
Teresa Morgan, Interim Director of Budget and Finance, reported on trending
of revenues versus expenses and emergency services billing which is
anticipated to surpass what was budgeted.
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UNFINISHED/OLD BUSINESS
Application of Sam and Wendy Mills (CUP)
Trenton Blowe, Planner, presented the application.
Following Supervisor McCarty's recommendation that off-duty sheriff's
deputies be contracted for medium and large events, Supervisor Jefferson
moved that the application be approved as conditioned with the addition of a
Conditional Use Permit specific to the owner and that deputies be added to
all medium events which passed unanimously (5-0) with Supervisors Acree,
Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
Regarding advanced funding for the Rushmere Volunteer Fire Department
equipment repairs, Supervisor Acree moved to approve $9,472 be paid as an
emergency repair for the Rushmere Volunteer Fire Department which passed
unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and
McCarty voting in favor of the motion and no Supervisors voting against the
motion.
Regarding revisions to the Zoning Ordinance regarding chickens on
residential property, Supervisor Acree moved that staff be directed to present
the proposed revisions to the Planning Commission which passed
unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and
McCarty voting in favor of the motion and no Supervisors voting against the
motion.
NEW BUSINESS
A Resolution to Request the Commonwealth Transportation Board to Name
the Bridge on Route 58 (Business) in Carrsville was presented for the
Board's consideration.
Chairman Alphin moved that the following Resolution be adopted which
passed unanimously (5-0) with Supervisors Acree, Alphin, Grice, Jefferson
and McCarty voting in favor of the motion and no Supervisors voting against
the motion:
RESOLUTION TO REQUEST THE COMMONWEALTH
TRANSPORTATION BOARD NAME THE ROUTE 58 (BUSINESS)
BRIDGE THE "CARRSVILLE COMMUNITY MEMORIAL BRIDGE"
WHEREAS, the Virginia Department of Transportation (VDOT) is currently
replacing the Route 58 (Bus iness)/Carrsvi Ile Highway bridge (UPC 81435);
and
WHEREAS, said project is scheduled for completion November 2017; and,
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WHEREAS, there is no current or previous name for said bridge applied by
the General Assembly; and,
WHEREAS, the citizens of Carrsville have a long history of being an active,
united community working for the improvement of the area through
volunteer groups, civic organizations, and church activities; and,
WHEREAS, many of the current residents represent families which have
been settled in the area for generations; and,
WHEREAS, this name reflects their unique community identity and heritage
and is supported by a community petition of over one hundred (100)
individual signatures;
NOW, THEREFORE, IT IS HEREBY RESOLVED, that the Isle of Wight
County Board of Supervisors hereby requests that the Commonwealth
Transportation Board name the bridge on Route 58 (Business) the "Carrsville
Community Memorial Bridge" in recognition of the unique shared
community identity and heritage of the location where the bridge is found.
BE IT FURTHER RESOLVED, that Isle of Wight County will assume the
costs for the fabrication and installation of signs for this naming.
ADJOURNMENT
At 10:15 p.m., the Chairman declared the meeting adjourned.
(InIJA V j 014,� S61)V
Car M lis S4orm, Clerk
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6ry 4414
Rex W. Alphin, Chairman