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04-20-1995 Regular MeetingBOOK 16 PAGE 278 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTIETH DAY OF APRIL IN THE YEAR NINETEEN HUNDRED NINETY FIVE PRESENT: Malcolm T. Cofer, Chairman .Phillip A. Bradshaw, Vice Chairman O. A. Spady Henry H. Bradby Lud Lorenzo Spivey Also Attending: H. Woodrow Crook, Jr., County Attorney W. Douglas. Casket', County Administrator Donald T. Robertson, Assistant to the County Administrator Carey H. Mills, Assistant Clerk Chairman Cofer called the meeting to order at 6:00 p.m. and delivered.. the invocation. // Chairman Cofer called for Transportation Matters. ' R. Bryan David, Director of Planning and Zoning, stated the Resident Engineer has recommended funds be allocated to the following five projects contained in the County's current Six-Year Secondary Road Improvement Plan: Project 46-8000-5603, County Wide New Addition, $66,500; Project 0665-046-224,M501, Smith's Neck Road, $82,500; Project 0709,046-226,M501, Waterworks Road,. $51,000; Project 0603-046-248-M501, West Blackwater Road, $50,000; and, Project 0620-046-249-M501, Four Square Road, $50,000. Mr. David stated the Resident Engineer has recommended $133,000 be allocated for the New Additions Program for upgrading of the following private roads: Brown's Marina Road, South Shore Drive, Johnson Lane and Maple Lane, which is located in the Town. of Windsor. .> Supervisor Spady moved the Board adopt the projects recommended by the Resident Engineer for the FY1995-96 Revenue Sharing Program. The - motion was adopted unanimously (5-0). Supervisor Spady requested Mr. David to correspond with VDOT regarding the possibility of Brown's Marina Road qualifying for industrial access funds. " Mr. David noted VDOT does not recommend lowering the present unposted 55 mph speed zone on Route 639 (Winston Drive) and has denied " the request for Children Playing Signs. Supervisor Bradshaw requested Mr. David to .forward copies of VDOT's response concerning Route 639 to Luther Boone and. Sheriff Phelps and set up a meeting between VDOT officials and concerned citizens regarding same. 1 f5 ` ~~oK -16 PAGE ~~9 Mr. David .noted VDOT's recommendation to the Commonwealth Transportation Board is to .extend the 45 mph zone on Route 258 (Courthouse Highway) from its current termination at the Northern Corporate Limits of Windsor up to the intersection with Route 610. Supervisor Bradshaw requested Mr. David meet with the school administration regarding the possibility of installing flashing lights in the vicinity of -the Windsor Elementary. School. In response to Mr. Bell's inquiry concerning Route 681, County Attorney Crook advised a representative of the family of the missing heir is suppose to provide him with additional information and upon receipt of same, he will petition the court to rule that this person is deceased and request appointment of a special commissioner to convey this person's interest to the County. Grace Keen advised the Board of a public safety problem at the intersection of Benn's Church Boulevard (Route 10/32) and Oliver Drive (Route 600) and requested a "Do Not Enter" sign be installed. Greg Brown expressed his appreciation to the Board for efforts to have Brown's Marina Road hard surfaced. // Chairman Cofer called for Citizens Comments. Eleanor Hawkins and Bobby Holland, representing the Youth Services Advisory Board, requested the Board's consideration of funding the Office on Youth an additional $5,000 to assist with operating expenses. Grace Keen requested the Board allow citizens to listen to and make copies of the audio tapes of Board meetings. // Chairman Cofer called for the Community Development report. Mr. David presented the following for the Board's information. and `~ recommended the Board table consideration of the application until after the public hearings. Ll A. .Application of C&P Isle of Wight Water Company for a Conditional Use Permit to provide a community water system for the W.C. Sawyer property from well lots located in Ashby Subdivision,. located on the south side of Carrollton Boulevard (Route 17), which is between Deep Bottom Drive (Route 662) and Cedar Grove Road (Route 661) in Newport Magisterial District. Supervisor Spivey moved the Board table the matter until after the public hearings. The motion was adopted unanimously (5-0). 2 L _ --__ _._~ __-t- _ _. _ _ _ , ....__ __ ~. 8~~ 16 P~~E 280 B. The application of Earl Highsmith, Sr., for a Conditional Use Permit to continue the occupancy of a mobile home for thirty- six (36) additional months while constructing a residence on 13.6 acres of land located at 4318 Ennisdale Drive. Chairman Cofer called for citizens to speak in favor of or in opposition to the proposed application. Upon no one appearing, Chairman Cofer closed the public hearing '~ and called for comments from the Board. Supervisor Bradby moved the Board approve the application of Earl Highsmith, Sr. for an extension for a period of one' (1) year provided that substantial progress is made toward completion of the permanent residence during that year as recommended by the Planning Commission. Supervisor Bradshaw requested a definition of substantial progress and asked that the Planning Commission be more specific in identifying their expectations to citizens. Mr. David stated the Planning Commission's intention of substantial progress is completion of the house or return to the Planning Commission to advise of progress made. County Attorney Crook stated the applicant in the last thirteen years has only installed a foundation and the Planning Commission desires to see additional work performed. Supervisor Spivey stated the applicant represents he hopes to have the home closed by the end of the year and asked if this is considered substantial progress. County Attorney Crook stated he was confident the Planning Commission will accept this as substantial progress. The- motion was adopted unanimously (5-0). C. Request of Isle of Wight Industrial Park Land Trust, owner, and LM.C., prospective owner, for an exemption from a requirement of the Isle of Wight County Highway Corridor Overlay District with regard to a proposed general contractor operation on property identified as Lot' No. 5 - .Isle of Wight Industrial Park, in Newport Magisterial District. ' Supervisor Spady moved the Board approve the request of the Isle of ' Wight Industrial Park Land Trust subject to the installation of landscaping in appropriate locations which sufficiently screen the vehicle parking and movement areas from Benn's Church Boulevard and that a plan of the proposed landscaping be approved by the Department of Planning and Zoning. The motion was adopted unanimously (5-0). D. Request of Isle of Wight Industrial Park Land Trust, owner, and 3 ft Knox ~ ~6 PACE 28~. G.A. Vaughan, prospective owner, for an exemption from a requirement of the Isle of Wight County .Highway Corridor Overlay District with regard to a prop©sed boat top repair and .fabrication operation on property identified as Lot No. 2 -.Isle of Wight Industrial Park, in Newport Magisterial District.. Supervisor Spivey moved the Board approve the request subject to the installation of landscaping inappropriate locations which sufficiently screen the vehicle parking and movement areas from Benn's Church Boulevard, the installation of landscaping in the traffic island of Regal Court and that the plans of the proposed landscaping for both Lot. No. 2 and the traffic island are to be approved by the Department of Planning and Zoning. 'The motion was adopted unanimously (5-0). . E. Final plats of Cedar Grove Subdivision -Sections 1 and 2, Owen Farm Road (Route 1903), Newport Magisterial District. Supervisor Spady moved the Board reapprove the final subdivision plats subject to the condition that all lots in Section 1, excluding family member lots, are to connect with the community water system for the subdivision when the system is available and the subdivision plat for Section 2 is allowed to be recorded with the understanding that a note is to be affixed to the plat referencing that no lots are to be sold until an approved central water. system is provided. The motion was adopted unanimously (5-0). 1 F. .Intensive Agricultural Operations Mr. David .stated the Planning Commission voted. (5-2) to recommend that the Board keep what was adopted for intensive agricultural operations and proposes no changes at this time. Supervisor Spivey asked Mr. David if the Planning Commission is agreeable with continuing to review the issue. Supervisor Bradshaw stated he spoke with Mrs. Edna King, the Carrsville District representative on the Planning Commission, and her suggestion to the Planning Commission was for the Commission to visit the Taylor operation, as well as the site that is proposed on the Pulley operation and to view .some of the operations in North Carolina as suggested by the citizens' group. f] Mr. David stated as issues arise in the future, the matter can be revisited; however, the Planning Commission feels that they made the best recommendation available at this time. Chairman Cofer recommended Supervisors Bradby and Spivey consider the information presented to the Board from the Isle of Wight Defense League and report back with their recommendations. G. Jones Creek Navigation Channel Maintenance 4 . ,, B~oK 1fi PACE 282 Mr. David advised the Board a navigational study has determined Jones Creek is a candidate for dredging to occur between Fall, 1996 and Spring, 1997. Mr. David stated prior to initiating the dredging, the Corps is required to complete an analysis addressing potential environmental impacts, suitable channel depths. for commercial and recreational users,. potential disposal sites, methods of dredging, channel contours, etc. Mr. David stated the project. is proposed to be accomplished under a Federal/local cost-share program administered by the Corps and that he will continue to update the Board as information becomes available. , H. .Borrow Pit Status Report Mr. David presented status reports on the various borrow pits contained in the agenda, noting that the Superintendent of Inspections is notifying respective operators of any observed violations cited and pursuing appropriate compliance measures. L Final Subdivision Plat of Waterford Oaks., Section III - A, Canteberry Lane in Newport Magisterial District Supervisor Spady moved the Board approve the final subdivision plat of Waterford Oaks, Section III - A, subject to final approval of the development plans, posting of the required performance surety, and payment of any outs#anding, fees.. The motion was adopted unanimously (5-0). . 1/ At 7:00 p.m., Supervisor Bradshaw moved the Board amend the order i of the agenda in order to conduct the public hearings. The motion was adopted .unanimously (5-0). // Chairman Cofer opened the public hearing and called for citizens to speak in favor of or in opposition to the following: A. Funding for Continuation of Phase II of the School Construction Program Upon no one appearing, Chairman Cofer closed the public hearing and called for .comments from the Board. Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION AUTHORIZING THE ISSUANCE OF SCHOOL BONDS OF ISLE OF WIGHT COUNTY, VIRGINIA, IN THE MAXIMiJM AMOUNT OF $5,400,000 WHEREAS, pursuant to Section 10(b) of Article VII of the Constitution of Virginia and 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 affirmative vote of the qualified voters of the County, to be treated as a city for the purpose of issuing its bonds; 5 .~ enox 1S PacE 283 1 BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA: 1. The Board of Supervisors. (the "'Board") of the County determines that it is advisable to undertake. various school projects, including site acquisition, planning, design, construction, renovation, expansion, equipping and furnishing of public schools and related facilities, and to borrow money for such purpose and issue the County's general obligation bonds therefor. 2. Pursuant to the Constitution and statutes of the Commonwealth ~ , of Virginia,.including the Public Finance Act of 1991, Chapter 5.1, Title 15.1 of the Code, there are authorized to be issued and sold in the maximum amount of $5,400,000 general obligation school bonds. 3. The bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their date, bear interest at such rate or rates, be in such denominations and form, be executed in such manner and be sold at such time or times and in such manner as the Board may hereafter provide by appropriate. resolution. or resolutions. 4. The bonds- shall be general obligations of the County for the payment of principal of and premium, if any, and interest on which its full faith and credit shall be irrevocably pledged. 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. 6. This resolution shall take effect immediately. Supervisor Spivey stated he has a concern about how the construction program is moving, particularly based on his concern for a large number of students, many of which are located in .his district. Supervisor Spady stated he also had a concern in that he does not feel the Board is spending the money wisely, however, for him to be against the issuance of the bonds it would .not look good to the issuers of the bonds and he would not like to cause the County to receive a higher interest rate so it would be in the best interest of the County for him to vote for the bonds. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board adopt the following resolution: 1 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION SCHOOL BONDS, SERIES OF 1995, OF ISLE OF WIGHT COUNTY, VIRGINIA, IN THE MAXIMUM AMOUNT OF $8,100,000, HERETOFORE AUTHORIZED, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF WHEREAS, the issuance of. school bonds by Isle of Wight County, Virginia (the "County"), in the maximum amount of $2,700,000 was authorized by a resolution adopted by the Board of Supervisors of the 6 °, BOOK 16 PAGE~U~ . County (the "Board") on July 21, 1994 (the "1994 Resolution"), to finance the costs of various school projects, including site acquisition, planning, design, construction, renovation, expansion, equipping and furnishing. of public schools and related facilities (the "1994. Project"); WHEREAS, in anticipation of the issuance of such bonds, the. County has issued its Tax-Exempt. Variable Rate School Bond Anticipation Note, Series of 1994. (the "1994 BAN"), in the maximum principal amount of $2,700,000 to Signet Bank/Virginia (the "Bank"), from which the County has. received principal advances on the 1994 BAN in the amount of $2,160,000; WHEREAS, the County now desires to repay .the outstanding principal advances and retire the 1994 BAN; and WHEREAS, the issuance of general obligation school bonds of the County in the maximum amount of $5,400;000 (the "1995 Authorization Amount") was authorized by a resolution adopted by the Board on April 20, 1995, to finance the costs of various school projects, including site acquisition, planning, design, construction, renovation, expansion, equipping and furnishing of public schools and related facilities (together with the 1994 Project, the "Project"), and none of such bonds have been issued and sold; and, WHEREAS, the Board has determined it is in the County's best interest to issue bonds in the amount of $2,160,000 (the. "Refunding. Amount") to retire the 1994 BAN, to issue and sell bonds in the amount of $540,000 (together with the 1995 Authorization Amount, the "New Money Amount") that are remaining authorized and unissued from the 1994 Resolution and to issue and sell all of the bonds authorized in 1995 for various school projects; and, WHEREAS, the County's administration and a representative of Municipal Advisors Incorporated, the County"s financial advisor (the "Financial Advisor"), have recommended. to the Board #hat the County issue and sell a single issue of general obligation school bonds in the maximum principal amount of $8,100,000; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT. COUNTY, VIRGINIA: 1. Issuance of Bonds. There shall be issued, pursuant to the Constitution. and statutes of the Commonwealth of Virginia, including the Public Finance Act of 1991, general obligation school bonds of the County in the maximum principal amount of $$,100,000 (the "Bonds") to provide funds to finance, in .part, the cost of the Project and costs incurred in connection with issuing the Bonds. 2. Bond Details. .The Bonds shall be designated "General Obligation School Bonds, Series of 1995, "shall be dated June 1, 1995, shall be in registered form, in denominations of $5,000 and multiples thereof and shall be numbered R-1 upward.. The Bonds shall mature in installments on July 1 in years and amounts as follows: Year Amount Year Amount i 7 ., i _J 1 1 ~~ax 16P~~E285 1996 $150,000 ~ 2005 $400,000 1997 200,000 2006 400,000 1998. 200,000: 2007 .500,000 1999. 250,000 2008 .550,000 . 2000 250,000. 2009 550,000 .2001 250,000 2010 700,000 2002 300,000 2011 800,000 2003 400,000 2012 900,000 2004 400,000 2013 900,000 Each Bond shall bear interest at such rate as shall be determined at the time of sale, calculated on the basis of a .360-day-year and a 30-day-month, payable semiannually on January 1 and July 1, beginning January 1, 1996.. Principal and premium, if any, shall be payable to the registered owners upon surrender of Bonds as they become due at the office of the Registrar, as hereinafter defined. Interest shall be payable by check or draft mailed to the registered,.owners at their addresses as they appear on the registration books kept by the Registrar on the fifteenth day ,of the month preceding each interest payment date. Principal, premium, if any, and interest shall be payable in lawful money of the United States of America. Initially, one Bond certificate for each maturity of the Bonds shall be issued and registered to The Depository Trust Company, New York, New York ("DTC"), or its. nominee. The County shall enter .into a Letter of Representations relating #o a book-entry system to be maintained by DTC -with respect to the Bonds. "Securities Depository" shall mean DTC or any other securities depository for the Bonds appointed pursuant to this Section. In the :event that (a) the: Securities Depository. determines not to continue to act as the securities depository. for the Bonds by giving notice to the Registrar, and .the County discharges its responsibilities hereunder, or (b) the County in its sole discretion determines (i) that beneficial. owners of Bonds shall be -able to obtain certificated Bonds or (ii) to select a new Securities Depository, then its chief financial officer shall, at the direction of the County, attempt to locate another qualified securities depository to serve as Securities Depository .and- authenticate and deliver certificated Bonds to the new Securities Depository or its nominee, or authenticate and deliver certificated Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the form appearing in Section 5; provided, however, that such form shall provide for interest on the Bonds to be payable (A) from the date of the Bonds, if they are authenticated prior to the first .interest payment date, or (B) otherwise from the interest payment date that is or immediately precedes the date on which the Bonds are authenticated (unless payment of interest thereon is in default, in which case interest on such Bonds. shall be payable from the date to which interest has been paid). In delivering certificated Bonds, the chief financial officer shall be entitled to rely on the records of the Securities Depository as to the beneficial owners or the records of the .Securities Depository participants acting on behalf of beneficial owners. Such certificated Bonds will then be registrable, transferable and exchangeable as set forth in Section 7. So long as there is a Securities Depository for the Bonds (1) it or its 8 t - -,.. ._.__,_. .____., _.,.__... .. .__.....-s.-..~ ~ t ~. .. y B~UK 16PACE~~(3~ nominee shall be the registered owner of the Bonds, (2) notwithstanding anything to the contrary in this. Resolution, determinations of persons entitled to payment of principal, premium, if any, and interest, transfers of ownership and exchanges and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established.. by such Securities Depository, (3) the Registrar and the County shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (4) references in this Resolution to registered owners of the Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Bonds, and (5) in the event of any inconsistency between the provisions of this Resolution and the provisions of the above-referenced Letter of Representations such provisions of the Letter of Representations, except to the extent set forth in this paragraph and the next. preceding paragraph, shall. control. 3. Redemption Provisions. Bonds maturing on or before July 1, 2005, are not subject to redemption prior to maturity. Bonds maturing on or after July 1, 2006 are subject to redemption prior to maturity at the option of the County on or after July 1, 2005; in whole or in part at any time, upon payment of the principal amount of Bonds to be redeemed plus accrued interest to the redemption date and a premium of one-half of one percent (1/2 of 1%) of such principal amount for each six-month period, or part thereof, between the redemption date and the stated maturity, dates of Bonds to be redeemed, provided .that the redemption premium shall not exceed 2% of such principal amount. If less than all of the Bonds are called for redemption, the Bonds to be redeemed shall be selected by the chief financial officer of the. County in such manner as may be determined to be in the best interest of the County. If less than all the Bonds of any maturity are called for redemption, the Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. The County shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to DTC or its nominee as the registered owner of .the Bonds. The County shall not be responsible for mailing notice of redemption to anyone other than DTC or another qualified securities .depository then serving or its nominee unless no qualified securities depository is the registered owner of the Bonds. If no qualified securities depository is the registered owner of the Bonds, notice of redemption shall be .mailed to the registered owners of the Bonds. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to. the unredeemed portion thereof shall be issued to the registered owner upon the surrender thereof. ,~ 9 •t enoK .16 ~acE 287 ~~ ~~ 4. Execution and Authentication. The Bonds shall be signed by the manual or facsimile signature of the Chairman or Vice-Chairman of .the Board and countersigned by the Clerk of the Board, and the County's seal shall be affixed thereto or a facsimile thereof printed thereon; provided, however, that if both of such signatures are facsimiles, no Bond shall 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. 5. Bond Form. The Bonds shall be in substantially the following form, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officers signing the Bonds, whose approval shall be evidenced conclusively by the execution and delivery of the .Bonds;- Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, .and any certificate is registered in the name of Cede & Co., or in such other. name as is requested by an authorized representative of DTC. (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. 1 REGISTERED No. R- UNITED STATES OF AMERICA. COMMONWEALTH OF VIRGINIA ISLE OF WIGHT COUNTY REGISTERED General Obligation School Bond, Series of 1995 INTEREST- RATE MATURITY DATE DATED DATE CUSIP ul 1 _ June 1, 1995 REGISTERED OWNER: CEDE & CO. . PRINCIPAL AMOUNT:. DOLLARS 1 Isle of Wight. County; Virginia (the "County"), for value received, promises to pay, upon surrender hereof, to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay interest hereon from its date semiannually on each January 1 and July 1, beginning January 1, 1996, at the annual rate stated above, calculated on the basis of a 360-day-year and. a 30-day-month. Principal, premium, if any, and interest are payable in lawful money of the United States of America by Crestar Bank, Richmond, Virginia who has been appointed paying agent and registrar for the bonds, or at such bank or-trust company as may be appointed as successor paying agent and registrar by the County (the "Registrar"). 10 enoK 16 PacE 288. Notwithstanding any other provision hereof, this bond is subject to a book entry system maintained by The Depository Trust Company ("DTC"), and the payment of principal, premium, if any, and interest, the providing of notices and other matters shall be made as described in the County's Letter of Representations to DTC. This bond is one of an issue of $8,100,000 General Obligation School Bonds, Series of 1995, of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity, and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the Public Finance Act of 1991, and resolutions adopted by the Board of Supervisors of the County on July 21, 1994, and April 20, 1995, to finance the costs of various capital improvements for the County's public school system and costs incurred in connection with issuing the Bonds. Bonds maturing on or before July 1, 2005, are not subject to redemption prior to maturity. Bonds maturing on or after July 1, 2006, are subject to redemption prior to maturity at the option of the County- on or after July 1, 2005, in whole or in part at any time, upon payment of the principal amount of Bonds to be redeemed plus accrued interest to the redemption date and a premium of one-half of one percent (1/2 of 1%) of such principal amount for each six-month period,. or part thereof, between the redemption date and the stated maturity dates of Bonds to be redeemed, provided that the redemption. premium shall not exceed 2% of such principal amount. If less than all of the bonds are called for redemption, the bonds to be redeemed shall. be selected by the chief financial. officer of the County in such manner as may be determined to be in .the best interest of the County. If less than all the bonds of a particular maturity are. called for redemption,.. the bonds within such maturity to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner. as the Registrar in its discretion may determine. In either case, (a) the portion of any bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting bonds for redemption, each bond shall be considered as representing that number of bonds that is obtained by dividing the principal amount of such bond by $5,000. The County shall. cause notice of the call for redemption identifying the bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered "or certified mail or overnight express. delivery, not less than 30 nor more than 60 days prior to the redemption date, to DTC or its nominee as the registered owner hereof, If a portion of this bond is called for redemption, a new bond in principal amount of the unredeemed portion hereof will be issued to the registered owner upon surrender hereof. The full faith and credit of the County are irrevocably pledged for the payment of principal of and premium, if any, and interest on this bond. The County has. designated the bonds as "qualified tax-exempt obligations" for the purpose of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. 11 :. ,. BOOK 1U PAGE ZS9 The Registrar shall .treat he registered- -owner of this bond as the person exclusively entitled to payment of principal of and premium, if any, and interest on this bond and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as the owner on the registration books on the .15th day of the month: preceding each interest payment date. C All acts, conditions and things required by .the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and' have been performed, and the issue of bonds of which this bond is one, together with all other indebtedness of-the County, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. IN WITNESS WHEREOF, Isle of Wight County, Virginia, has caused this bond to be .signed by the Chairman of the Board of Supervisors, countersigned by the Clerk of the Board of Supervisors, the County's seal to be affixed hereto and this bond to be dated June 1, 1995. COUNTERSIGNED: (SEAL) Clerk, Board of Supervisors, Chairman, Board of Isle of Wight County, Supervisors, Isle of Virginia Wight County, Virginia ASSIGNMENT FOR VALUE RECEIVED the. undersigned hereby sell(s), assign(s) and transfer(s) unto (Please print or #ype name and address, including postal zip code, of Transferee) ' [PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE:]. the within bond and all rights thereunder, hereby irrevocably constituting and appointing ,Attorney, to transfer said bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed 12 ~, _: 00K ~6 PAGE 29O 6 , ,. NOTICE: Signature(s) must be (Signature of Registered Owner) guaranteed by a member firm of .the New York Stock Exchange or a NOTICE: The signature above must commercial bank or trust company. correspond with the name of the registered owner as it appears on the front of this bond in every particular, without alteration or enlargement or any change whatsoever. ' 6. Pledge of Full Faith and Credit. The full faith and credit of the County are irrevocably pledged for the payment of the principal of and premium, if any, and interest on the Bonds. Unless other funds are lawfully available and appropriated for timely payment of the Bonds, 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 Bonds. 7. Registration, Transfer and Owners of Bonds. Crestar Bank, Richmond, Virginia, is appointed paying agent and registrar of the Bonds ,~ (the "Registrar"). The County may appoint a qualified bank or trust company as successor Registrar. The Registrar shall maintain registration Y books for the registration: and exchange of Bonds. Upon presentation and . surrender of any'Bond to the Registrar, at its corporate trust office, together with an assignment duly executed by the registered owner or its duly ll b h e a authorized attorney or legal representative in such form as s satisfactory to the Registrar, the County shall execute, and the Registrar shall authenticate, if required by Section 4, and shall .deliver in exchange, a new Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate, and registered in the name 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 or entity shown as the owner on the registration books on the fifteenth day of the month preceding each interest payment date. 8. ' Notice of Sale. The County Administrator, in collaboration with ' the Financial Advisor, is authorized and directed to take all proper steps to advertise the Bonds for sale substantially, in accordance with the form of Notice of Sale attached hereto, which is approved, provided that the County Administrator,. in collaboration with the Financial Advisor, may.make such changes in the Notice of Sale not inconsistent with the provisions of this Resolution as he may consider to be in the best interest of the County. enoK. 1~ PacE Z91 9. Official Statement. A draft of a Preliminary Official .Statement describing. the Bonds, copies of which-have been provided. to the members of the Board, is approved. as the form of the .Preliminary Official Statement by which the Bonds will be offered for sale, with such completions, omissions, insertions and .changes. not. inconsistent with this Resolution as the County Administrator, in collaboration with the Financial Advisor, may consider appropriate. .After- the Bonds -have been sold, the County Administrator, in collaboration wi#h the Financial Advisor, shall make such completions, omissions, insertions and changes in the Preliminary Official Statement not inconsistent with this Resolution as are necessary or desirable. to complete it as a final Official Statement, execution thereof by the County Administrator to constitute conclusive evidence of his approval of any such completions,. omissions,.. insertions and changes. The County shall arrange for the delivery to the purchaser of the Bonds of a reasonable number of copies of the final Official Statement, within seven business days after the Bonds have been awarded, for delivery to each potential investor requesting a copy of the Official Statement and to each person to whom such purchaser and members of his group initially sell Bonds. Such delivery to the successful purchaser shall constitute conclusive evidence that the Official Statement has been deemed final by the County as of its date within the meaning of Rule 15c2-12 of the .Securities and Exchange Commission. ~, 1 10. Preparation and Delivery of Bonds. After bids have been received and the Bonds have been awarded, the officers of the County are authorized and directed to take all proper steps to have the Bonds prepared and executed in accordance with .their terms and to deliver the Bonds to the purchaser thereof upon payment therefor. 11. Arbitrage Covenants. The County covenants that it shall not take or omit totake any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code. of 1.986, as amended,. and regulations issued. pursuant thereto (the "Code"), or otherwise cause interest on the Bonds to be includable in the gross income of the registered owners thereof under existing laws. 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 Bonds, unless the County receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest on the Bonds from being .includable in the gross income of the registered owners thereof under existing law. The County shall pay any such required rebate from its legally available funds. 12. Prepayment of 1994 BAN, Immediately upon issuance of the Bonds, the County Treasurer is authorized and directed to pay to the Bank the Refunding Amount plus accrued interest to -the date of prepayment. In connection with such prepayment, the County Treasurer is further directed to obtain from the Bank on a timely basis the original 1994 BAN marked paid by the Bank. 13. Non-Arbitrage Certificate and Elections. Such officers of the County as may be requested are authorized and directed to execute an appropriate certificate or certificates setting forth the expected use and investment of the proceeds of the Bonds in order to show that. such ~ 14 -w ~oo~t 16 PACE 292 expected use and investment will not violate the provisions of Section 148 of the Code and regulations issued pursuant thereto and any elections such officers deem desirable regarding rebate of earnings to the United States for purposes of complying with Section 148 of the Cade. Such certificate shall be in such form as may be requested by bond counsel for the County. 14. SNAP Investment. Authorization. The Board has received and reviewed the Information Statement (the Information Statement") describing the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") and the Contract Creating the State Non-Arbitrage Program Pool I (the "Contract"), and the Board authorizes the County Treasurer to utilize SNAP in connection with the investment of the' proceeds of the Bonds. The Board acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall. not be, in any way liable to the County in connection with SNAP, except as otherwise provided in the Contract. 15. Limitation on Private Use. The County covenant's that it shall not permit the proceeds of the Bonds or the facilities financed with .the proceeds of the Bonds to be used in any manner that would result in (a) 5% or more of such proceeds or the facilities financed with such proceeds 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, (b) 5% or more of such proceeds or the facilities financed with such proceeds 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 (c) 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 need not be complied with to prevent the interest on the Bonds from being includable in the gross income for federal income .tax purposes of .the registered owners thereof under existing law, the County need not comply with such covenant. 16. Qualified Tax-Exempt Obligations. The County designates $5,940,000 of the Bonds, which represents the New. Money Amount (the "New Money Amount Bonds") as "qualified tax-exempt obligations" for the purpose of Section 265(b)(3) of the Code. The County represents and covenants as follows: (a) The County will in no event designate more than $10,000,000 of obligations as qualified tax-exempt obligations in ~ 1995, including the New Money Amount Bonds, for the purpose of such Section 265(b)(3); (b) The County, all its "subordinate entities," within the meaning of such Section 265(b)(3), and all entities which issue tax-exempt obligations on behalf of the County and its subordinate entities have not issued, in the aggregate, more than $10,000,000 of tax-exempt obligations in 1995 (not including "private activity bonds," within the meaning of Section 141 of the Code, other than "qualified 501(c)(3) bonds, "within the meaning of Section 145 of the Code), including the New Money Amount Bonds: ,i Y 1 1 15 ., BOOK 16 PAGE ~9~ (c) Barring circum'starces unforeseen as of the date of delivery of the New Money Amount Bonds, the County will not issue tax-exempt.. obligations itself or approve the issuance of tax-exempt obligations of any of such. other entities if the issuance of such tax-exempt obligations would, when aggregated with all other tax-exempt obligations theretofore issued by the County and such other entities in 1995, result in the County and such other entities having issued a total of more than $10,000,000 of tax- exempt obligations in 1995 (not including private activity bonds other than qualified 501(c)(3) bonds), including the New Money Amount .Bonds; and, (d) The County has no reason to believe that the County and such other entities: will issue tax-exempt obligations in 1995 in an aggregate amount that will exceed such $10,000,000 limit; provided, however, that if the County receives an opinion of nationally recognized bond counsel that compliance with any covenant set forth in (a) or (c) above is not required for the New Money Amount Bonds to be qualified tax-exempt obligations, the County. need not,comply .with such covenant. 17. Other Actions.. All other actions of officers of the County. and the Board in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds are hereby 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 action necessary or desirable in connection with the issuance, sale and delivery of the Bonds. 1 18. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in conflict herewith are repealed. 19. Effective. Date. This Resolution shall take effect immediately. The. motion was adopted unanimously (5-0). B. .Budgets 1. FY1995-96 Operating Budget 2. FY1995-96 School Board Capital Budget 3. FY1995-96 E-911 Operating Budget M. Christine Ledford, Director of Budget. and Finance, stated a $4.8 million fund balance is projected for year end based on the current real estate tax rate and assuming that the School Board and Social Services Department do not return funds. to the County at year end. Ms. Ledford further .stated .she is working with the County Administrator on recommendations for a County Pay and Reclassification Plan and for the Board's consideration has provided information on the .Constitutional Officers salaries and funding .thereof. Chairman .Cofer called for citizens to :speak in favor of or in opposition to the proposed FY1995-96 Operating Budget. Brian .Carroll, representing the Isle of Wight Rescue Squad, requested 16 ..._ enox 16 PAGE 29 4 the Board to increase their proposed funding in the amount of $66,150 to $75,000 for FY1995-96. Rita Cargill, President of the Isle of Wight County Education Association, appeared in support of the County Operating Budget, specifically as it relates to the School Operating Budget. Linda T. Bean, Director of Social Services, requested the Board to fully fund the Social Services Budget items as presented and offered a pledge to work within any physical parameters set by the Board and to continue throughout the year to pursue additional Federal and State dollars to offset local expenditures. Jim Abicht, member of the Isle of Wight Tourism Board, requested the Board to fully fund the Tourism Board's budget. Mr. Abicht stated funding of the Bureau will produce a profit because taxes collected from the tourists .are returned to the County. Paige Minor, representing the Smithfield Gourmet Bakery, and Florine Moore, member of the Tourism Board, appeared speaking in favor of the Tourism Board's budget. Chairman Cofer closed the public hearing and called for comments from the Board. County Attorney Crook advised the Board must wait seven days after holding the public hearings on the School Board and County budgets before taking action and should therefore set a continued meeting to adopt same. C. Ordinances L An Ordinance to Abandon an Old Right-of-Way Over the Property of the Laurels Partnership County Attorney Crook explained the proposed. Ordinance pertains to a roadway over property that has never been included in the State's system and, other than being platted, there is no evidence that the roadway was ever .used. Mr. Crook stated the property owners would like to have it vacated because it is causing title problems. Chairman Cofer called for persons to speak in favor of or in opposition to the proposed Ordinance. William Riddick, representing the applicants, spoke in favor of the proposed. Ordinance. Supervisor Spady moved the Board adopt the following Ordinance. AN ORDINANCE TO ABANDON AN OLD RIGHT-OF-WAY OVER THE PROPERTY OF THE LAURELS PARTNERSHIP WHEREAS, there is a plat recorded in the Clerk's Office of the Circuit Court of Isle of Wight County, Virginia in Plat Book 3, at page 99 dated February 26, 1953, which shows an "Old Road" running in a southeasterly, direction 17 f: ' BOOK ,„6PAGE~9~ from its intersection with State .Route ~17 for an undetermined length over and through property now owned by The Laurels Partnership; and, WHEREAS, said road is again shown on the plat of The Laurels Partnership dated January 18, 1995, Plat Cabinet 2, Slide 20, Page 10; and, 1 WHEREAS, this road as shown on said plat and described in deeds is not and-never has been taken into the State Highway system of roads for the Commonwealth of Virginia nor maintained by either the Commonwealth of Virginia or the County of Isle of Wight as a public road; and, WHEREAS, all of the properties abutting said. "Old Road" are also abutting public roads which provide other access for ingress and egress to said properties and said platted "Old Road" serves no public nor private purpose as a right-of-way; and,. WHEREAS, The Laurels Partnership,. a Virginia general partnership, owning all of the property abutting said "Old Road" has requested ,the Board of Supervisors to abandon said Old Road; and, WHEREAS, the General Assembly of Virginia has authorized governing bodies of Counties to abandon roads which are not in the primary nor secondary system of highways for the Commonwealth of Virginia, by ordinance pursuant to Sections 33.1-157, 33.1-166.1 and 15.1-482 of the Code of Virginia; and, 1 WHEREAS, the governing body of the County of Isle of Wight, Virginia, has pursuant to .Section 33.1-166.1 and 15.1-482 of the Code of Virginia given. notice of a public hearing of said governing body for the adoption of an ordinance for the abandonment of said road and, after hearing from interested persons and the .public in general, the Board of Supervisors of Isle of Wight County is of the opinion that the platted old road, which does not exist as a road, and which is not in the secondary nor primary road systems of the Commonwealth of Virginia, and which serves no useful public purpose, should. be abandoned so as to remove the cloud on title of the properties over which said old road is platted. NOW, BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that -the "Old Road" as shown on the aforesaid plats from its northern intersection with State Route 17 and Butterfield Lane southeast for the distance it .travels through the Laurelwoods property, which said plats are recorded in the Clerk's Office of the Circuit Court of Isle of Wight County, Virginia, as well as on deeds and possibly other plats recorded in said Clerk's Office, should be .and the same is hereby abandoned pursuant to Sections 33.1-166.1 and 1.5.1-482 of the Code of Virginia, as amended. The motion was adopted unanimously (5-0). 2. An Ordinance to Provide an Alternative to Filing Personal Property Tax Returns for Motor Vehicles County Attorney Crook explained the proposed. Ordinance is requested by the Commissioner of the Revenue who is proposing that one 18 ~~i__ BOOK ~6 PAGE ~a76 registration suffice rather than the present method in which persons registering a vehicle for the County decal must also file a personal property declaration prior to May 1st. Chairman Cofer called for persons to appear in favor of or in opposition to the proposed Ordinance. Gerald H. Gwaltney, Commissioner of the Revenue, spoke in favor. Mr. Gwaltney stated approval of the proposed ordinance will eliminate paperwork, as well as cost savings. on postage. Chairman Cofer closed the public hearing and called for comments from. the Board. .Supervisor Bradby moved the Board adopt the following Ordinance: AN ORDINANCE TO PROVIDE AN ALTERNATIVE TO FILING PERSONAL PROPERTY TAX RETURNS FOR MOTOR VEHICLES WHEREAS, Section 58.1-3518 of the Code of Virginia 1950, as amended, provides that every taxpayer owning personal property subject to taxation shall file a return thereof with the Commissioner of Revenue on the appropriate form before May 1 of each year, except as otherwise provided by ordinance; and, WHEREAS, Section 58.1-3518.1 of the Code of Virginia, 1950, as amended, provides that the governing body of any County may provide by ordinance for an alternative method of filing personal property tax returns for motor vehicles;. and, WHEREAS, the Commissioner of Revenue for khe County of Isle of Wight, Commonwealth of Virginia, has represented to the Board of Supervisors of said County that the registration. of motor vehicles for the motor vehicle license- tax and the issuance of decal therefor, constitute sufficient filing of a return to the Commissioner of Revenue without the need. for additional filing of a tax return for the motor vehicle to the Commissioner of Revenue under Section 58.1-3518. THEREFORE, be it and it hereby is ordained by the Board of Supervisors of Isle of Wight County, Virginia, that the taxpayers of the County. of Isle of Wight shall not be required to file returns for motor vehicles with the Commissioner of Revenue under Section 58.1-3518 by May 1 of each year provided, said taxpayer has registered said motor vehicle with the Commissioner of Revenue and paid the motor vehicle license tax under the Motor Vehicle License Tax Ordinance for the County of Isle of Wight :and a County decal issued for same pursuant thereto and, provided further, that the owner of a motor vehicle in the County of Isle of Wight file a new personal property tax return whenever there is: (i) a change in the name or address of the person or persons owning taxable personal property; (ii) a change in the sites of said personal property; (iii) any other change affecting the assessment or levy of the personal property tax on motor vehicles for which a tax return has been filed previously; or (iv) any change in which a person acquires. one or more motor vehicles and for which no ,a 19 •t 1 enox 16PacEZ97 personal property tax return has been filed. The motion was adopted unanimously (5-0). 3. An Ordinance to Amend an Ordinance to Provide for Precincts to Combine Orbit Precinct and Windsor Precinct and to Establish a New Polling Place for Said Precincts County A#torney Crook explained the proposed Ordinance was requested by the Electoral Board to combine -the Orbit and Windsor precincts with a centralized polling place and to change the polling place from the municipal building in Windsor to the Fire Department. Mr. Crook stated input from the Windsor Town Council was requested and he is in receipt of a letter from the Chairman of the Electoral Board that this was well received by the Windsor Town Council who will hold a public hearing on May 9, -1995 for public input. Mr. Crook stated the Electoral. Board members will attend the next Windsor Volunteer Fire Department meeting and the public hearing on May 9, 1995 and suggested the Board table the matter until their May 18, 1995 meeting so that input can be obtained from the. Windsor Town Council after its public :hearing. Chairman Cofer .called for citizens to speak in favor of or in opposition to the. proposed Ordinance. Frank Hall, Chairman, Electoral Board, noted the presence of Edward Blount, Secretary of the Electoral Board, Gayle Hines, Vice Chairman of the Electoral Board and ,Ann Edwards, the Registrar, who were present to speak in favor of the proposed Ordinance. Mr. Hall stated that the Windsor Town Council will hold a public hearing on the use of the Windsor Volunteer Fire Department, but not on combining the Orbit and Windsor precincts. In response to a question from Supervisor Spady, County Attorney Crook stated the Board could adopt the Ordinance relative to the combining of the precincts. and defer action on the change in the polling place. Mr. Crook stated should the Board decide not to change the polling place, this provision could then be deleted. Gerald White, Johnny Butler and Eva Butler, Orbit precinct voters, spoke in opposition to the proposed Ordinance. . Chairman Cofer closed the public hearing and called for comments from the Board. Supervisor Spivey moved the Board defeat the Ordinance. The. motion was defeated (2-3) with Supervisors Spivey and Bradshaw voting. in favor of the motion and Chairman Cofer and Supervisors Spady and Bradby voting against the motion. Supervisor Spady then moved the Board table consideration of the Ordinance until the May 18, 1995 meeting for further study of the matter... The motion was adopted (3-2) with Chairman Cofer and Supervisors Spady and Bradby voting in favor of the rnoNon and Supervisors Bradshaw and Spivey voting against the motion. 20 .~ enox 16~acf298 D. Rezonings 1. 'Y'he application of S. Othello and Peninnah J. Batten to amend Conditional Rural Residential (C-RA} zoning of 7.18 acres of land located on the north side of Mill Swamp. Road (Route 626) and west side of Penotha Drive, in Hardy Magisterial District. The request is to create a total of four (4) residential lots on the 7.18 acres, including three (3) existing lots (B, C & D) and one (1) additional lot. Chairman Cofer called for citizens to speak in favor of or in opposition to the proposed application. Betty joe Hendrix, representing. Othello Batten, spoke in favor. Chairman Cofer closed the public hearing and called for comments from the Board. ' Supervisor Bradby moved the Board approve the application of S. Othello and Peninnah J. Batten. The motion was adopted unanimously (5- 0). 2, The application of W. C. and Gayle Sawyer for a change in zoning classification from Conditional Rural Residential (C-RA) and Conditional Industrial Limited (C-Ml) to Conditional Townhouse Residence (C-R3) twenty-four and one-half (24.5) acres of land located on the north side of Carrollton Boulevard (Route 17) between Channel Way - (Route 662) and Sugar Hill Road (Route 661) in Newport Magisterial District for a single family residential subdivision of no more. than seventy-five (75) lots, as conditioned. Mr. David stated comments have been received from the Director of Public Utilities relative to sewer and water systems being designed and constructed in accordance with the Public Service Authority's specifications. Mr. David stated the applicant has since revised the conditions to reflect. Mr. Murphy's comments. Chairman Cofer called for citizens. to speak in favor of or in opposition to the proposed application. A. L. Jones, attorney representing Mr. Sawyer, spoke on behalf of the applicant.. Chairman Cofer closed the public hearing and called for comments from the Board. Supervisor Spivey asked if voluntary cash proffers are payable at the time of the rezoning. County Attorney Crook advised in the past this has been accomplished by deed of trust to the County. This way the deed of trust i, 7 i~. 21 f: ' enoK .16 PacE 299 is released on each. lot by .paying the fee at ~ the time of closing the sale transaction: However, the .applicant has proposed the paying of the proffered-fee. upon issuance of the building permit. He further advised that this could be a shock to the purchaser who might not know of the proffer until he applies: for his building permit. 1 Supervisor Spivey asked if proffer #9 should be changed to "at the time of the sale of the lot" rather than the granting of the building permit. County. Attorney Crook advised this would be the better way if the applicant is willing to, do so. A. L. Jones, II, after conferring with the applicant stated that the applicant would agree to amend his proffer to provide- for the meth©d suggested by the County Attorney. .Supervisor Spady moved the Board approve the application of W. C. and Gayle Sawyer noting that the applicant had amended proffer #9 to read "at the time of the sale of the lot". The motion was adopted unanimously (5-0). 3. The application of W. C: and Gayle Sawyer to amend Conditional Industrial Limited (C-Ml} zoning of approximately forty (40) acres of land located on the north side of Carrollton Boulevard (Route 17) between Channel Way (Route 662). and Sugar Hill Road (Route 661) in Newport Magisterial Distract. The request is specifically to amend proffered condition #2 regarding the water system. Mr. David stated the proffered condition has been revised to reflect that the water system will be designed and constructed in accordance with. the County's specifications. .Chairman Cofer called for persons to speak in favor of or in opposition to the proposed application.. A. L. Jones, attorney representing Mr. Sawyer, spoke on behalf of the applicant. Chairman Cofer closed the public hearing and called for comments from the Board. Supervisor Spady moved the Board approve the application of W. C. and Gayle Sawyer. The motion was adopted unanimously (5-0). 1 4. The application of C&P Isle of Wight Water Company for a Conditional Use Permit to provide a community water system .for the W. C. Sawyer property from well lots located in Ashby Subdivision, located on the south side of Carrollton Boulevard (Route 17), which is between Deep Bottom Drive (Route 662) and Cedar Grove Road (Rou.te 661) in Newport Magisterial District. 22 g00K ~6 PAGE vOiJ , Mr. David stated the matter was tabled earlier this evening by the Board to follow .the public hearings and should be considered by the Board at this time. i Chairman Cofer called for citizens to speak in favor of or in opposition to the proposed application. A. L. Jones, attorney representing C&P Isle of Wight Water Company, spoke on behalf of the applicant. Chairman Cofer closed the public hearing and called for comments from staff. Supervisor Spady inquired if the Board should add a condition stipulating that the sewage system will be owned by the County and get the cooperation of the water system owner in getting the volume of water used so thak the County can bill for the sewage. County Attorney Crook responded the Board in order to make this a condition may wish to table the application and have staff work with C&P Isle of Wight Water Company on the details and language for the condition. Supervisor Spady moved the Board table consideration of the. application of C&P Isle of Wight Water Company until the Board's continued meeting of April 27, 1995 to allow staff time to draft a condition addressing the provision of information for water usage. The motion was adopted unanimously (5-0). 5. The application of Stephen H. and Jacqueline G. Gaskins, owners and Edward R. Lenz, prospective owner, to amend Condkional Industrial Limited (C-M1) zoning of approximately 1.25 acres of land located on the north side of Battery Park Road (Route 704) at 19351 Battery Park - Road in Newport Magisterial District. The request is specifically to allow office space, a contractor's storage yard /plant, rental of equipment used by contractors and no more than. 60 dry storage warehouse. units on the property. .Chairman Cofer called for citizens to speak in favor. of or in opposition to the proposed application. . William Riddick, attorney representing Stephen H. and Jacqueline G. Gaskins, spoke on behalf of the applicants. Mr. Riddick stated Mr. Moore, a property owner located across the street from the proposed location, requested Mr. Lenz to move the driveway towards Smithfield a distance of 102 feet. However, to move the driveway .the requested distance would place it directly across from the natural gas facility where heavy trucks would be entering and utilizing his driveway as a turnaround place in connection with the facility. Mr. Riddick stated Mr. Lenz is agreeable to moving the driveway a distance of 52 feet only. Joseph Warren Moore appeared speaking in opposition to the proposed application until the enactment of the following restrictions: (1) 23 .: Bt10K ~6 PAGE vOl move the driveway 102 feet in the area directly across from .the gas pumping station, (2) establish normal business hours, (3) no bright lights visible to his property at night and (4) fencing for privacy and security reasons. Chairman Cofer closed the public .hearing and called for comments from the Board.. Supervisor Spady noted the Planning Commission did not address the fencing and screening issues and asked for clarification on what the conditions were. Mr. David advised the conditions on the zoning were that it be for contractor's electrical supplies and equipment storage, the days of operation. being Monday through Friday with the possibility of occasional Saturdays, and hours of operation .7:00 a.m. until 5:00 p.m. Mr. Riddick stated these conditions will no longer apply as the application was originally permitted for contractor's use and the change in conditions would allow for other contractors other than electrical contractors. County Attorney Crook asked Mr. David if fencing and screening are required for any industrial zoned property. 1 Mr. David replied all industrial uses are required to be conducted within a structure and, if not, all outdoor storage areas will require screening. Supervisor Bradshaw stated a change is being requested in the conditions, not for them to be deleted and leads. him to believe the applicant is adding to the conditions that already exist. Mr. David explained there are two letters submitted by Mr. Lenz, both dated February 14, 1995, and the letter contained in the Board's agenda package is incorrect. County Attorney Crook advised these are proffered conditions and if the applicant does not proffer fencing, screening or hours of operation, the Board can either approve or not approve the application, but not impose conditions. Mr. Riddick stated any outside equipment storage would have to be conducted in a compound which meets the Zoning Ordinance, regardless of whether the applicant proffers these conditions or not. 1 Mr. David stated mini-storage buildings do not carry such a screening requirement because by nature they contain all contents inside the building and therefore there is no requirement for landscaping ar screening of those buildings from the roadway. Supervisor Spady moved the Board to refer the matter back to the Planning Commission with the request that they further consider the application with .regard to the proposed land .uses, proposed landscaping 24 ~ 4 { ~1 ~ 6nOK 16PA6E~~~ and screening, proposed site lighting and the 'proposed location of the driveway to access the subject property.. The. motion was adopted unanimously (5-0). // At 8:40 p.m., Supervisor Bradshaw moved the Board take aten-minute recess. The motion was adopted unanimously. Upon returning to open session at 8:55 p.m., Chairman Cofer called for the County Attorney's report. County Attorney Crook stated Frank Spady, the architect for the Clerk's Office renovation, has negotiated a bid in the amount of $22,800. Mr. Crook stated the Board previously adopted a resolution approving an amount not to exceed $25,000.. The County Administrator advised the Board that there are additional expenditures in the amount of $800 which he recommends be taken from the County's contingency .account or from the Clerk of Court's line item in the Capital-Budget for an optical scanner which he is not spending. Mrs. Ledford advised that the actual budget amount in the Capital Budget is $22,000 so the amount will be exceeded by $3,800. County Attorney Crook explained when the resolution was originally prepared the amount was $22,000 and the amount was corrected at the time it was adopted by the Board to make it $25,000. " Supervisor Spady moved the Board adjust the Clerk of Court's line item in the amount of $800 and accept the bid of Carter Construction Company subject to the contract being approved by the County Attorney. The motion was adopted unanimously (5-0). County Attorney Crook distributed a letter to the Board. regarding the appointment of School Board members for the Windsor and Hardy Election Districts whose terms will expire June 30, 1995. Mr. Crook stated an advertisement. for public hearing must be published, the Board must wait. ten days after the last publication before the public hearing commences, and wait seven days after the public hearing before an appointment can be made. Mr. Crook stated only those persons who are nominated and considered at the public hearing can be considered for the appointment. Supervisor Spady moved the Board authorize the County Attorney to advertise for the June 15, 1995 meeting for a public hearing. to consider nominations for School Board members appointments for the Windsor and Hardy Election Districts. The motion was adopted unanimously (5-0). County Attorney Crook stated the Planning Commission is having public hearings on the new draft Zoning Ordinance which will be sent to the Board for public hearing. Mr. Crook stated the Planning Commission suggested that they have the consultant present- for at least, the Planning Commission and Board's public hearings to present information and answer questions. Ivlr. Crook stated in this regard a contract has been solicited from the consultant to provide this service. 25 ,: soox ,~6 PacE 303 Supervisor Spady requested that a copy of the draft Zoning Ordinance be provided to the Board in adequate time for them to study the matter before the public hearing by the Board. 1 Supervisor Bradshaw moved the Board approve the contract with Redman/Johnston Associates for Tony Redman to be present at the Planning Commission and Board of Supervisors' public hearings at a fee of $900 per .meeting, plus. travel .expenses. The motion was adopted unanimously (5-0). Mr. Crook stated A. L. Jones, attorney, .has requested a vacation of a plat of the Spriggs property for small lots on the James River. Mr. Crook stated an ordinance is being prepared which requires advertisement for public hearing. Supervisor Spady moved the Board authorize the County Attorney to advertise a public hearing on the matter for the May 18, 1995 meeting. The motion was adopted unanimously (5-0). County Attorney Crook stated he would request an executive session later in the meeting concerning. several items. 1/ Chairman Cofer called for the County Administrator's report. 1 Supervisor Spivey moved the Board adopt the following resolution: RESOLUTION OF THE BOARD OF SUPERVISORS OF .ISLE OF WIGHT COUNTY, VIRGINIA ESTABLISHING APRIL 28, 1995 AS VOLUNTEER RECOGNITION DAY IN ISLE OF WIGHT COUNTY WHEREAS, we are a nation that was founded by individuals who dedicated their lives, energies, and resources to making this a better world for themselves, their families, and their neighbors; and, WHEREAS, volunteerism directly reflects the democratic principles upon. which .this nation was founded in that everyone, regardless of their circumstances, race, age, sex, color or creed can volunteer; and, WHEREAS, the number of individuals engaging in volunteer work and the important .variety of services provided increase each year, providing challenges and fulfillment, and rich rewards from helping others, improving skills, and widening .one's .horizons; and, 1 WHEREAS, it is appropriate to recognize and to honor the numerous contributions of the many volunteers serving the community of Isle of Wight, as well as this Commonwealth of Virginia, and to join in with State and national leaders to set a special time for such recognition. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County that the day of April 28, 1995 is hereby established as Volunteer Recognition Day in Isle of Wight County. 26 BnOK 1,6PAGE~O4 BE IT FURTHER. RESOLVED that a copy of this resolution be forwarded to the numerous volunteer groups and organizations within the County, and that this resolution be prominently posted at the Isle of Wight Courthouse. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE SIXTY DOLLARS. DONATED BY LOCAL ORGANIZATIONS WHEREAS, the Isle of Wight County Office on Youth has received donations from. several local organizations; and, WHEREAS, the funds in the amount of sixty dollars ($60) need to be appropriated to the Office on Youth for the provision of Youth Employment Training Classes. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board, of Supervisors of the County of Isle of Wight, Virginia that funds in the amount of sixty dollars ($60) be appropriated to the Office on Youth for the provision of Youth Employment Training Classes. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget for the donations and to do all things necessary to give this resolution effect. The motion was adopted unanimously (5-0). County Administrator Caskey stated enclosed in the agenda is a report on the County's data processing system for- the Board's information. Mr. Caskey advised additional funding will be required as funds were removed from the FY1994-95 Capital Projects Budget prior to adoption, Donald T. Robertson, Assistant to the County Administrator, briefed the Board. on the recent legislative changes .replacing the Community Diversion Incentive (CDI) Program. Supervisor Bradshaw moved .the Board authorize the County Administrator to submit a nonbinding letter of intent to participate in the CDI program to be developed for the Fifth Judicial Circuit. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board adopt the. following resolution: RESOLUTION TO APPROPRIATE TWENTY-SIX THOUSAND DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO THE WINDSOR VOLUNTEER RESCUE SQUAD FOR CAPITAL EXPENDITURES WHEREAS, the Board of Supervisors of the County of Isle of Wight, 27 f ,i ~I . . i~ .: snot 16 PACE 305 Virginia. has approved the capital expenditure for the Windsor Volunteer Rescue Squad; and, WHEREAS, the funds in the .amount of twenty-six thousand dollars ($26,000) need to be appropriated from the unappropriated fund balance to the Windsor Volunteer Rescue Squad in the 1994-95 capital budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that twenty-six' thousand dollars ($26,000) from the unappropriated fund balance be appropriated. to the Windsor Volunteer Rescue .Squad in the 1994-95 capital budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to -make the appropriate accounting. adjustments. in the budget and to do ah the things necessary to give this resolution effect. The motion was adopted unanimously (5-0). Supervisor Spivey moved the Board adopt the following resolution: 1 RESOLUTION TO APPROPRIATE SIX THOUSAND FIVE HUNDRED SEVENTEEN DOLLARS FROM THE UNAPPROPRIATED. FUND BALANCE OF THE GENERAL FUND FOR THE WINDSOR VOLUNTEER FIRE DEPARTMENT CAPITAL BUDGET WHEREAS, the. Board of Supervisors of the County of Isle of Wight, Virginia has approved an increase in capital funding for the Windsor Volunteer Fire Department; and, WHEREAS, the funds in the amount of six thousand five hundred .and seventeen dollars ($6,517) need to be appropriated from the unappropriated fund balance to the Windsor Volunteer Fire Department capital Line item in the 1994-95 Capital Budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that six thousand five hundred seventeen dollars ($6,517) from the unappropriated fund balance be appropriated to the Windsor Volunteer Fire Department capital line item in the 1994-95 Capital Budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in. the budget and to do all the things necessary to give this resolution effect. The motion was adopted unanimously (5-0). Supervisor Spady moved the Board .adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE ONE THOUSAND BQOK 16 PAGE ~ O~ EIGHT HUNDRED SEVENTY FIVE DOLLARS FROM THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES WHEREAS, the County of Isle of Wight has received a grant from the. Commonwealth of Virginia for continuation of the Pesticide. Container Recycling Program; and, WHEREAS, the funds in the amount of one thousand eight hundred seventy five dollars ($1,875) from the Commonwealth of Virginia Department of Agriculture and. Consumer Services need to be appropriated to the Pesticide Container Recycling Program line item in the FY1994-95 budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that one thousand eight hundred seventy five dollars ($1,875) to be received from the Commonwealth of Virginia Department of Agriculture and Consumer Services be appropriated to the line item. for the Pesticide Container Recycling Program in the FY1994-95 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget for this grant and to do all things necessary to give this resolution effect. The motion was adopted unanimously (5-0). • County Administrator Casket' stated staff has attempted to seek supplemental funding from the Chesapeake Bay Local Assistance Department (CBLAD) to cover a budget shortfall in the amount of $3,950 for the Environmental Planner position. Mr. Casket' stated CBLAD has not resolved whether they will provide supplemental funding and the funding for this position will terminate at the end of this month. Mr. Casket' requested the Board authorize him to transfer the funds from the Compensation line item to the grant. position provided no additional funds become available from CBLAD. y Supervisor Bradshaw inquired what would happen if funding is not provided by CBLAD. County Administrator Casket' stated the Board would then have to authorize him to transfer local funds to cover the shortfall of $3,950 ar the position would be furloughed. Supervisor Bradshaw stated he does not want to fund another position that is not a County position because the Board will be increasing staffing. Supervisor Spady stated in order to be fair, he would suggest finishing out .the fiscal year, then address the matter in the new budget as to what will be funded. Supervisor Spady moved the Board authorize the County Administrator to transfer funds from the Compensation line item to the 29 1 ~ .: enox 16 PacE 30~ grant position provided no additional funds. become available through CBLAD. The motion was adopted unanimously (5-0). L_ J County Administrator Caskey presented the monthly report on delinquent real estate tax collection and noted the report for the ninth fiscal month indicates $16,666.20 was collected at a cost of $3,380.39, which represents 20% of the amount collected. Supervisor Bradshaw moved: the Board accept the report. The motion was .adopted unanimously (5-0). County Administrator Caskey stated the Commonwealth of Virginia, Department of Emergency Services in cooperation with Virginia Power and a committee 'of local government .emergency management officers has developed a mutual assistance agreement for .the provision of operational support in an emergency or disaster situation arising from a radiological incident or accident caused by the Surry Nuclear Power facility. Mr. Caskey recommended the Board refer the document to the County Attorney for his review and anticipate consideration of the Agreement at the Board's May 18, 1995 meeting. 1 County Administrator Caskey stated SPSA has provided the .County a written proposal offering supplemental front end trash collection service as the County transitions itself out of the green box dumpster system. Mr. ' Caskey stated SPSA is requesting a commitment by the end of April 1995 and, should the Board desire, a SPSA representative can be present at the Board's continued. meeting of April 27, 1995. Ludford T. Creef, Public Works Director, stated SPSA has advised it would need to dump 116 County dumpsters three days per week in order to justify purchasing a new piece of equipment and therefore would like a commitment from the County for aone-year period. Mr. Creef stated this route would be cheaper than hiring a crew and purchasing a truck. Supervisor Bradshaw requested additional information be provided for further consideration by the Board at their continued meeting of April 27, 1995. // Chairman Cofer called for Old Business. .. Application of Michael S. Huffman for a Conditional Use Permit to continue the occupancy of a mobile home for an additional twelve (12) months while completing his residence on 17.5 acres of land. located off Waterworks Road (Route _709) on Bethel Church Lane (Route 679) in Hardy Magisterial District. (Tabled 3/16/95) Michael S. Huffman stated the home is approximately 65% complete and a footing inspection far the decking surrounding the building was performed last Monday with approval from the Inspection's Department. Mr. Huffman stated the living quarters are approximately 1,050 square feet and requested one additional year to .complete construction due to financial constraints. ` 30 __ BOOK 16 PAGE SOH Supervisor Bradby moved the Board approve the Conditional Use Permit for an additional twelve (12j months. The .motion was adopted unanimously (5-0). // Chairman Cofer called for New Business. There was no New Business offered for discussion by the Board.. /1 Chairman Cofer. called for Appointments. Supervisor Spady moved the Board appoint Marilyn Oliver to the Historical Architectural Advisory Committee, representing the .Newport Election District, for afour-year. term which will expire in February of 1999. The motion was adopted .unanimously (5-0). , Supervisor"Spivey moved the Board reappoint Richard J. Holland to the Lndustrial Development Authority, representing the Windsor Election District, for an additional four-year term which .will expire in April of 1999. The motion was adopted unanimously (5-0). Supervisor Spivey moved the Board reappoint James M. Beale to the Board of Zoning Appeals, representing the Windsor Election District, for an .additional five-year term which will expire in May of 2000. The motion was adopted unanimously (5-0). // Chairman Cofer called for approval of the March 16, 1995 Work Session minutes; the March 16, 1995 Regular Meeting minutes and the March 30, 1995 Continued Meeting minutes. Supervisor Bradshaw moved the Board approve the March 16, 1995 Work Session minutes; the March 16,1995 Regular Meeting minutes and the March 30, 1995 Continued Meeting minutes. The motion was adopted unanimously (5-0). // _ County Attorney Crook requested an executive session pursuant to Section 2.1-344 Al of the. Freedom of Information Act to discuss and consider interviews for prospective candir.ates for employment; Section 2.1- 344 A3 for discussion concerning acquisition and/or use of real property for public purposes; Section 2.1-344 A7 for consultation with legal counsel pertaining to actual or probable litigation and other specific legal matters requiring legal advice, three matters on acquisition of property, three matters concerning legal matters involving advice of counsel, particularly contract negotiations and potential litigation; and, under Section 2.1-344 Al for personnel matters. At 9:43 p.m., .Supervisor Spivey moved the Board enter executive 31 .. i } i fl ` BOOK 16 PAGE ~ O9 session for the reasons stated by the County Attorney. The motion was adopted: unanimously (5-0). At 12:17 a.m. upon returning to open ,session, Supervisor Spivey moved the Board adopt the following resolution: CERTIFICATION OF EXECUTIVE MEETING WHEREAS, the Board of Supervisors has convened an executive 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, 2.1-344.1A of the Code of Virginia requires a certification by this Board of Supervisors that such executive 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 executive meeting to which .this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors. 1 VOTE AYES: 5 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion was adopted unanimously (5-0). // Supervisor Spady moved that the County transfer to .the Public Service Authority the sum of $200,000 to cover the initial down payment on the purchase of certain water systems. In response to questions of the Board County Attorney Crook advised if the PSA took bankruptry, the County must take over the debts. 1 Supervisor Bradshaw asked if borrowing the money would be cheaper than spending the cash outright. Supervisor Spady noted the PSA will pay the County interest on the money. County Attorney Crook stated the PSA borrows the money to buy an asset which is paid out of the PSA's revenues from water/sewer, but to use 32 eo~K 16 ~A~E 310 County money to buy assets for the PSA is contrary to the concept of the way it is suppose to work. Mr. Crook stated the County can loan the money to the PSA, but this is taxpayers' money to buy a water system. He added the PSA is supposed to generate funds through fees for water. and sewer services, to be used to construct or purchase water and/or sewer systems. Supervisor Spady pointed out that the PSA is buying the systems under the appraised value and this is the fastest way to get into the water , business. Supervisor Spady's earlier motion that the County. transfer to the Public Service Authority the sum of $200,000 to cover the initial down payment on the purchase of certain water systems passed (4-1) with all members .voting in favor except Supervisor Bradshaw who voted against the motion. Supervisor Spady requested the County Attorney to explore the feasibility of establishing a requirement that if a person sells a parcel of land ; for building development off of a parcel which is under land.. use assessment, then the land use assessment would be lost for the remainder of the parcel. Supervisor Spivey stated he may be willing .to raise the acreage for land use from 24 acres. In discussing the possibility of returning to two meetings per month, Supervisor Spady suggested the Board give consideration to two meetings per month for those months where there may be a heavy agenda. // At 12:40 a.m., Chairman Cofer moved the Board continue their meeting to April 27, 1995 at 5:30 p.m. ~ The motion was adopted , .unanimously (5-0). .. i W. Doug Malcolm T. Cofer Chairman