Loading...
11-06-1997 Regular Meeting,: i soon ~ 17 .~: 4f7 1 1 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SIXTH. DAY OF NOVEMBER IN THE YEAR NINETEEN HUNDRED NINETY SEVEN PRESENT: Henry H. Bradby, Chairman Robert C. Claud, Sr., Vice Chairman O. A. Spady Malcolm T. Cofer Phillip A. Bradshaw Also Attending: H. Woodrow Crook, Jr., County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources Carey H. Mills, Recording Secretary Chairman. Bradby called the meeting to order at 2:00 p.m. The invocation was delivered by Supervisor Claud. // Chairman Bradby called for Special Presentations. Rosalind Cutchins, Assistant Director, The Children's Center, briefed the Board on Early Intervention Services. Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION RECOGNIZING NOVEMBER AS EARLY INTERVENTION MONTH IN ISLE OF WIGHT COUNTY WHEREAS, ow children are ow most precious resource and represent the future hopes of Virginia and the nation; and, WHEREAS, it is our collective social responsibility and moral obligation to protect ow children, to provide support to their families, to contribute to their physical and mental well-being, and to enswe that each child has a fair and equal chance to grow and develop to his or her maximum potential; and, WHEREAS, there .are currently 18 children receiving early intervention services in Isle of Wight County and others who are eligible for services but may ...not know that services exist; and, WHEREAS, early detection and treatment of these conditions is critical to the health and well-being of these children and families; and, ~~~~~I I~~~I WHEREAS, there are a variety of existing programs established to provide help to children with disabilities and their families through early intervention; and, WHEREAS, there is a great need to increase public awareness and understanding of the strengths and needs of our children with disabilities and to encourage early detection and intervention. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Isle of Wight County recognizes the month of November, .1997 as Early Intervention Month in recognition of local efforts in early intervention and to call attention to its significance for all citizens. The motion was adopted (4-0). Supervisor Cofer was absent at the time of the vote. Diane Howard, Isle of Wight Tourism Bureau, briefed the Board on the status of the Civil War Trails project. Leslie Bryant and John Springfield, Isle of Wight/Smithfield/Windsor YMCA requested the Board appropriate funds far new windows in the fitness room at the YMCA. Supervisor Cofer moved the Board appropriate $10,000 from the Capital Budget Contingency Account. The motion was adopted unanimously (5-0). // Chairman Bradby indicated the following Consent Agenda included Item 2, A and B, and asked if there were any items for removal: A. Preliminary Subdivision Plat for Gatling Pointe South, Phase 2-A B. October 2, 1997 Regular Meeting Minutes There being no items requested by the Board members for removal, Supervisor Cofer moved the Board approve all items of the Consent Agenda. The motion was adopted (4-0) with Supervisor Spady abstaining. // Chairman Bradby called for Transportation Matters. Jonathan W. Hartley, Director of Planning and Zoning, noted he did not have any transportation issues for consideration by the Board. Supervisor Spady noted he would be discussing the issue offlooding of the .-. ,~ 1 eoo~ ~17 ~~:~469 causeway at Rescue Bridge with the Resident Engineer at the Board's November 20, 1997 meeting. Supervisor Bradshaw noted he would be discussing the issue of inadequate drainage in the Camptown .community with the Resident Engineer at the Board's .November 20, 1997 meeting. County Administrator Caskey informed the Board that the VDOT District Administrator has indicated that VDOT representatives are agreeable to .meeting with the Board to discuss the County's transportation concerns and issues. Supervisor Cofer moved the Board direct staff contact the necessary individuals to arrange a work session with VDOT and Commonwealth Transportation Board representatives on November 20, 1997 at 4:30 p.m. The motion was adopted unanimously (5-0). Supervisor Bradshaw requested Mr. Hartley provide the Board with a list of its concerns for its reference prior to the work session. // 1 Chairman Bradby called for Citizens Comments. There were no citizens' comments offered for discussion. // Chairman Bradby called for the Community Development report. Mr. Hartley presented for the Board's consideration a request by Susan Chance and Tom Kirk for an exception to the Chesapeake Bay Preservation Area Ordinance to allow the construction of a single family dwelling in the required one hundred foot (100) Resource Protection Area Buffer. Susan Chance, property owner, noted she is willing to comply with the Chesapeake Bay Ordinance and protect the water quality and ecology of the Chesapeake Bay as demonstrated in the engineering report. Mrs. Chance requested the Board keep in mind that due to the location of the utility easement on her property, it is -not practical to locate the. house. out of the Resource Protection Area (RPA). Mrs. Chance noted her property is the only property in the subdivision affected by this easement which constitutes a hardship. and one that is unique to her property. Supervisor Spady stated he visited the site and the house would have to be moved a considerable distance in order to comply with the Chesapeake Bay Ordinance, which would not be a desirable location.. Supervisor Spady stated this exception can, and should, be granted.. Supervisor Spady moved the Board eooK ~.7 ~~~470 approve the request of Susan Chance. The motion was adopted unanimously (5- 0). Mr. Hartley presented for the Boazd's consideration the request of the Isle of Wight. County Historical Society to locate a four (4) feet by .eight (8) foot temporary illuminated detached sign at Boykin's Tavern, adjacent to Isle of Wight Courthouse at 17140 Monument Circle, in Hardy Magisterial District, which is located in the Courthouse Historic District. Supervisor Bradshaw moved the Board approve the request of the Isle of Wight County Historical Society. The motion was adopted unanimously (S-0). Regarding the Jamestown/Camptown Community Development Block Grant, Supervisor Bradshaw moved the Board authorize the expenditure of up to $7,500 beyond. the original matching amount of $6,000 for .the Jamestown/Camptown Community Development Block Grant (CDBG) Planning Grant and that such funds come from the Contingency Fund. The motion was adopted unanimously (5-0). Mr. Hartley noted he would have an item concerning the nomination of the James River for the American Heritage River Designation for the Board's consideration at its November 20, 1997 meeting. // Chairman Bradby called for the Public Utilities Report. E. Wayne Rountree, P.E., Director of Public Utilities, presented for the Boazd's consideration an engineering agreement with Ballard Engineering for the sewage pumping station to serve the Carrollton Elementary and Smithfield High Schools. The County Attorney has reviewed the contract and approved as to form, stated Mr. Rountree. Supervisor Cofer moved the Board. approve the engineering agreement with Ballard Engineering. The motion was adopted unanimously (5-0). Mr. Rountree stated the Groundwater Management Act of 1992 requires that all ,existing groundwater well systems that withdraw more than 10,000 gallons of water per day apply to the DEQ for a groundwater withdrawal permit. Many systems did not apply for these permits and DEQ is working with each individually to issue a special exception permit. Special. exceptions have been issued for the Smithfield Heights/Sandy Mount, Days Point, C. L. Obrey and Rushmere water systems. Should a major leak or significant increase in demand occur, the permit conditions must be increased which can cost between $10,000 and $30,000, stated Mr. Rountree. 1 1 // .~. ,~ 1 1 C eooK ~ ~.? .~~:~ 47~ . Chairman Bradby called .for the Economic Development report. Lynn P. Hams, Director of Economic Development, suggested the Board convene a work session at 10:00 a.m. on December 4, 1997 to discuss economic development issues and her work plan. The Board concurred with meeting for the purpose of having an economic development work session on December 4, 1997 at 10:00 a.m. prior to the Board's regular meeting at 2:00 p.m. Ms. Hams distributed brochures to the Board which she noted would~be distributed to existing industries and prospects in the County. Ms. Harris .stated .she previously submitted a proposal to the. Board concerning membership in the Hampton Roads Alliance. In this regard, Ms. Harris noted the various regional committees to which the County is currently contributing. Ms. Harris further noted Hays Gant, Executive Director/Hampton Roads Alliance, is scheduled to brief the Board at its December 4, 1997 meeting concerning the Alliance. Regarding the renovation of Boykins Tavern, Ms. Harris noted Thomas Finderson and Mary Ruffin Viles have recommended renovation. of the second and third floors as lodging areas, that existing plaster should remain or be replaced with plaster and that an Architectural Historian should be procured. Bill Crosby will provide a Scope of Work, stated Ms. Harris. Evelyn Chandler distributed reports from Bill Crosby and Mary Ruffin Viles, as well as a draft program for the "kick-off' scheduled for November 14, 1997 from 2:00 p.m. unti13:30 p.m. on the lawn of Boykin's Tavern (weather permitting). Ms. Hams noted that on November 14, 1997 VDOT will be holding its "kick-off' meeting for the ISTEA 1998 grant funding. Ms. Hams presented for the Board's consideration an agreement for development and administration for the restoration and preservation of Boykin's Tavern which she stated the County Attorney has reviewed and recommended amendments to paragraphs 1 S and 1 T. VDOT has agreed to the changes and its approval is expected within thirty days, stated Ms. Hams. County Attorney Crook requested additional time to further review the Agreement. Supervisor Bradshaw moved the Board refer the Agreement to the County Attorney for his recommendation. The motion was adopted unanimously. (5-0). Regarding General Assembly grant funding for Boykin's Tavern, BOQIt ~7 -~~:'~72 Supervisor Cofer moved the Board authorize staffto forward the letter contained in the agenda dated November 6, 1997 under the Chairman's signature requesting the Governor's support and the inclusion of $150,000 in the Governor's 1998-99 proposed budget. The motion was adopted unanimously (5-0). Supervisor Bradshaw requested that the letter be forwarded to the County's representatives on the Senate Finance and House Appropriations. Committees. /I Chairman Bradby called for the County Attorney's report. County Attorney Crook requested an executive session under Section 2.1- 344 A3 of the Freedom of Information Act concerning acquisition and/or use of public property for public purposes and under Section 2.1-344 Al concerning advice. of counsel and staff regarding. negotiations of intergovernmental agreements. Supervisor Cofer moved the Board enter executive session for the reasons stated by the County Attorney. The motion was adopted unanimously (5-0). Upon returning to open session, Supervisor Cofer moved the Board adopt. the following resolution:. ['FRTIFICATION OF EXECt1TIVE MEETINCr 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. lA 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. VOTE AYES: 5 NAYS: 0 ~t r' eoa~ 17 .~-:~ 473 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 1 The motion was adopted unanimously (5-0). County Attorney Crook stated pursuant to negotiations between the City of Suffolk and the County concerning forming a Western Tidewater Regional Water Authority to serve the jurisdictions with certain resources to be committed to the Authority, the City of Suffolk has adopted a resolution encouraging the County to exercise its option with the City of Virginia .Beach for the reservation. of 1,000,000 gallons of water per day from the Lake Gaston pipeline. County Attorney Crook recommended the Board adopt a resolution to commit that resource to the Western Tidewater Regional Water Authority to be developed with the City of Suffolk. Supervisor Bradshaw moved the Board adopt the following resolution: A RESOLUTION COMMITTING RESOURCES TO A WESTERN TIDEWATER. REGIONAL WATER AUTHORITY. WHEREAS, the City of Suffolk ("Suffolk") and Isle of Wight County ("Isle of Wight") have a history of cooperation which has been of great benefit to the residents of both jurisdictions, including participation in the Western Tidewater Jail Authority; and, WHEREAS, Suffolk and Isle of Wight have endorsed the formation of a water authority (the "Authority") which will implement a comprehensive regional water resource management policy; .and, WHEREAS, based upon recent developments, it is anticipated that Suffolk and Isle of Wight will join the Authority within the next several months; and, WHEREAS, when the City of Virginia Beach (the "Virginia Beach") undertook implementation of the Lake Gaston Pipeline Project in 1983, Isle of Wight requested that Virginia Beach include 1 MGD capacity in the project for use by Isle of Wfight; and, - WHEREAS, by agreement, Virginia. Beach and the City of Chesapeake ("Chesapeake") provided that Isle of Wight would have the option to participate in the. Lake Gaston Project as a 1/60 partner (the "Isle of Wight Water"); and, WHEREAS, the Isle of Wight .Water option is a condition of the Conditional Use Permit under which the Lake Gaston Project will operate in Isle of Wight; and, WHEREAS,. by agreement dated October 7, 1991, between Suffolk. and BDQM ~7 ~~ Y~`~ Virginia Beach; .Virginia Beach provided that if Isle of Wight: elected not to participate in the Lake Gaston Project, Suffolk would have. the option to participate in the project in the place of Isle of Wight. NOW, TI~REFORE, BE IT RESOLVED, by the Board of Supervisors of Isle of Wight County, Virginia that I) Isle of Wight hereby exercises its .option to participate in the Lake Gaston Project, and the County Administrator is directed hereby to take forthwith all such actions as are necessary. to effectuate the exercise of the option; and, 2) Isle of Wight commits to the formation of the Authority, the territory of which shall include a least Suffolk and Isle of Wight, as well as any other jurisdictions which elect to participate and which will serve the- Authority's purposes; and 3) Suffolk and Isle of Wight commit the Isle of Wight Water to the Authority, and agree that, should the expenditure of funds be required before Authority funds are available, Suffolk and Isle of Wight will advance the funds on an equitable basis until a refund by the Authority, with reasonable interest, is made; and 4) This resolution shall be in full force and effect immediately upon its adoption. The motion was adopted unanimously (5-0). Supervisor Cofer moved the Board further authorize the County .Administrator to notify the City of Virginia Beach by letter transmitting a copy of the resolution and expressing the County's intent to exercise its option for the water.. The motion was adopted unanimously (5-0). County Attorney Crook stated he had other matters for executive session later in the meeting. County Attorney Crook noted that. the Board had.an executive session on October 2, 1997 in which Supervisor Cofer left during the executive session and did not vote on the certification resolution following the executive session. Under the Freedom of Information Act each Board member in executive session must vote on the certification that only the matters .identified in the motion to enter executive were discussed and qualified for executive session discussion, .stated Mr. Crook. Supervisor Cofer voted "yes" on the resolution of certification. Supervisor Bradshaw moved the Board direct the County Attorney proceed with preparing a Parks and Recreation resolution by the December 4, ., -i 80QN .1~ •.:»;' 475 1 1997 Board meeting concerning a Parks and Recreation Advisory Board and an outline of duties. The motion was adopted unanimously {5-0). County .Attorney Crook presented for the Board's consideration a Subordination Agreement for H. W. Roberson Company's deed. of trust to the County securing its proffers.. Supervisor Bradshaw moved the Board approve the H. W. Roberson ..Company Subordination Agreement. The motion was adopted unanimously (5- 0). // Chairman Bradby called for the County Administrator's report. Anne F. Seward, Director of Budget and Finance, reminded the Board that at .its March 20, 1997 and October 16, 1997 meetings authorizing resolutions were approved for the issuance of General Obligation Bonds in the maximum amount of $11,000,000 for the new Windsor Elementary School and various utility projects in the maximum amount of $14,500,000. Ms. Seward requested the Board approve a resolution providing for the issuance and sale. of these bonds as to form, details and payments thereof. Supervisor Claud moved the Board adopt the following resolution: At a regular meeting of the Board of Supervisors of Isle of Wight County, Virginia, held on the 6th day of November, 1997, at the time and place established by the Board of Supervisors. for its regular meetings in accordance with Section 15.1-536 of the Code of Virginia of 1950, as amended, at which the following members were present and absent: PRESENT: Henry H. Bradby, Chairman Robert C. Claud, Sr., Vice Chairman Malcolm T. Cofer 0. A. Spady Phillip. A. Bradshaw ABSENT: None the following resolution was adopted by the affirmative roll call vote of a majority of the members of the Board of Supervisors, the ayes and nays being recorded in the minutes of the meeting as shown below: MEMBER VOT Henry H. Bradby Aye .Robert C. Claud, Sr. Aye Malcolm T. Cofer Aye 0. A. Spady Aye Phillip A. Bradshaw Aye RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $14,250,000 GENERAL OBLIGATION WATER AND SEWER. BONDS, SERIES. OF 1997A,. AND 55,800,000 GENERAL OBLIGATION SCHOOL BONDS, SERIES OF 1997B, OF ISLE OF WIGHT COUNTY, VIRGINIA, AND PROVIDIIYG FOR THE FORM, DETAILS AND PAYMENT THEREOF --- - eoeK ~.~ >~~ 47fi • 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, Isle of Wight County, Virginia (the "County', has elected by affumative vote of the qualified voters of the County, to be treated as a city for the purpose of issuing its bonds; WHEREAS, the issuance of general obligation bonds of the County in the maximum amount of $11,000,000 was authorized by a resolution adopted by the Board of Supervisors of the County (the "Board") on Mazch 20, 1991, to provide funds to .finance, in part, various school projects,. including site acquisition, planning, design, construction, renovation, expansion, • equipping and furnishing of public school and related facilities (the "School Project'; .WHEREAS, in anticipation of the issuance of such bonds, the Board has issued its $10,800,000 General Obligation School Bond Anticipation Note, Series of 199? (the "BAN"), to finance part of the School Project; . WHEREAS, the County now wishes to repay a portion of the BAN; WHEREAS, the issuance of general obligation bonds of the County in the maximum amount of $14,500,000 was authorized by a resolution adopted by the Boazd on October 16, 1997, to provide .funds to finance capital improvements to the County's utility system (the "Utility Project"); WHEREAS, the Board has determined that it is in the County's best interest to issue general obligation school bonds in the amount of $5,800,000 to retire a portion of the BAN and to issue general obligation water and sewer.bonds in the amount of $14,250,000 to finance the Utility Project; 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 that the County issue and sell two issues of general obligation bonds in the maximum principal amount of $20,050,000; and WHEREAS, the Boazd desires to delegate to the County Administrator the authority to determine the final pricing terms of the bonds within certain parameters; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA: I. Issuance and Sale. There shall be issued and sold, pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the Public Finance Act of 1991, general obligation bonds of the County in the maximum principal amount of $20,050,000 (the "Bonds") to (a) provide funds to refund a portion of the BAN, (b) provide funds to finance the Utility Project and (c) pay the costs incurred in connection with issuing the Bonds. ' 2. .Bond Details. The bonds shall be issued as two separate series (each a "Series") and designated "General Obligation Water and Sewer Bonds, Series of 1997A," and "General Obligation School Bonds, Series of 1997B" or such other designation as may be determined by the County Administrator, shall be dated. such date as determined by the County Administrator, shall be in registered form, shall be in denominations of $5,000 and multiples thereof, and shall be numbered R-1 upward. The issuance and sale of the Bonds are authorized on terms as shall be satisfactory to the County Administrator; provided, however, that the Bonds of each Series (a) shall have a "true" or "Canadian" interest cost not to exceed 8% (taking into account any original issue discount or premium), (b) shall be-sold to the purchasers thereof at a price not less than 100% of the original aggregate principal amount thereof (excluding any original issue discount), and (c) shall . mature, or be subject to mandatory sinking fund redemption, in installments beginning no later than the year 1998 and ending no later than the year 2022. 1 1 [1 BOQK ~~ ~...' 4 f 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-yeaz and twelve 30-day-months, and payable semiannually on dates determined by the County Administrator. Principal and premium, if any, shall be payable to the registered owners upon suaender of Bonds as they become due at the office of the Registrar, as hereinafter defined.. Interest shall be payable by check or drag mailed to the registered owners at their addresses as they appear on the registration books kept by the Registrar on the date prior to each interest payment date (the "Record Date") that shall be determined by the County Administrator. 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 to and registered in the name of The Depository Trust Company, New York, New York ("DTC"), or its nominee. The County has entered into a Blanket Letter of Representations relating to 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. 1 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 S; provided, however, that such form shall provide for interest on the Bonds to be payable (A) from the date of the Bonds, if they aze 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). [n 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 (l)it or its 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 Blanket Letter of Representations such provisions of the Blanket Letter of Representations, except to the extent set forth in this paragraph and the next preceding paragraph, shall control 3. Redemption Provisions. The Bonds may be subject to redemption prior to maturity at the option of the County on or-after dates and at redemption prices determined by the County Administrator, in whole or in part at any time, at a redemption price equal to the principal amount of the Bonds, together with any accrued interest to the redemption date, plus a redemption premium not to exceed 2% of the principal amount of the Bonds, such redemption premium to be determined by the County Administrator. 1 Any term bonds may be subject to mandatory sinking fund redemption upon terms determined by the County Administrator. If less than all of the Bonds are called for redemption, the maturities of Bonds to be redeemed shall be selected by the chief financial officer of the County in such manner as he may determine to be in the best interests 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 the ' Securities Depository pursuant to its rules and procedures or, if the book-entry system is 804K ~7 •r~:' ~~8 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 Bonds 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 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. 4. Execution and Authentication. The Bonds shall be signed by the manual or facsimile signature of the Chairman or Vice Chairman of the Boazd 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 OTHERtiVISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REG[STERED REGISTERED No. R- $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA ISLE OF WIGHT COUNTY General Oblieation f Water and Sewer) fSchooll Bond Series of 19971A1 IBl INTEREST RATE MATURITY DATE DATED DATE CUSIP December 1, December 1, 1997 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS 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 June 1 and December 1, beginning on June 1, 1998, at the annual rate stated above, calculated on the basis of a 360-day-year ahd twelve 30-day-months. Principal, premium, if any, and interest are payable in lawful money of the United .States of America by Crestaz Bank, Richmond, Virginia, who has been appointed paying agent and registrar for the bonds, or at such bank or tnrst company as may be .appointed as successor paying agent and registrar by the County (the "Registrar"). 1 1 1 .. r~ eoo+< ~.7 ..: ~. i II 1 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 Blanket Letter of Representations to DTC. This bond is one of an issue of [$14,250,000] {$5,800,000] General Obligation [Water and Sewer] [School] Bonds, Series of 1997[AJ[B], 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. The bonds are authorized by a resolution adopted by the Board of Supervisors of the County on [Mazch 20, 1997,] [October 16, 1997,] to provide funds to [refund a portion of the County's $10,800,000 General Obligation School Bond Anticipation Note, Series of 1997) [provide funds to finance capital improvements to the County's utility systemj. Bonds maturing on or before December 1, ,are not subject to redemption prior to maturity. Bonds maturing on or after December 1, ,are subject to redemption prior to maturity at the option of the County on or after December 1, , in whole or in part at any time, upon payment of the .following redemption. prices (expressed as a percentage. of principal amount of bonds to be redeemed) plus interest accrued and unpaid to the redemption date: Period During Which Redeemed Redempdoa (Both Dates Inclusive) rice [ .Bonds maturing on December 1, ,are required to be redeemed in part before maturity by the County on December 1 in the years and amounts set forth below, at a redemption price equal to the principal amount of the bonds to be redeemed, plus accrued interest to the redemption date: Year Amount Year Amount If less than all of the bonds aze called for redemption, the bonds to be redeemed shall be selected by the chief financial officer of the County in such manner as he may determine 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. 1 .redemption identifying the bonds or porttons thereof to be redeemed to be sent by facstmtle 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. If a portion of this bond is called for redemption, a new bond in principal amount of the unredeemed portion hereof shall. 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 Registrar shall treat the 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. ..~ ~ Ba~K 11 .. ~~`O 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 Boazd of Supervisors, countersigned by the Clerk of the Board of .Supervisors, the Count}rs seal to be affixed hereto, and this bond to be dated December 1,1997. COUNTERSIGNED: (S~) Clerk, Board of Supervisors, ~ Chairman, Board of Supervisors Isle of Wighi County, Virginia Isle of Wight County, Virginia ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code. of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYRVG 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 .NOTICE: Signature(s) must be (Signature of Registered Owner guaranteed by an .Eligible Guarantor Institution such as NOTICE: The signature above a Commercial Bank, Trust must correspond with the name Company, Securities Broker/ of the registered owner as it ' Dealer, Credit Union, or appears on the front of this Savings Association who is bond in every particular, a member of a medallion without alteration or enlarge- program approved by The ment or any change whatsoever.. Securities Transfer Association, Inc.. 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 ' Bands, 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. 1 7. Registration, Transfer and Owners of Bonds. Crestar Bank, Richmond, Virginia, is appointed paying agent and registrar for the Bonds (the "Registraz"). The County may appoint a qualified bank or trust company as successor Registrar. The Registrar shall maintain registration books for the registration and registration of transfers of Bonds. Upon presentation and surrender of any Bond to the Registrar, at its corporate tntst office if the Registrar is a bank or trust company, together with an assignment duly executed by the registered owner or his duly authorized attomey 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 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 his duly authorized attomey 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 Registraz 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 1 Sth day of the month preceding each interest payment date. 1 1 8. .Sale of Bonds. The Boazd approves the following terms of the sale of the Bonds. The Bonds shall be sold by competitive bid and the County Administrator shall receive bids for the Bonds and award the Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the limitations set. forth in paragraph 2. Following the sale of the Bonds, the County Administrator shall file a certificate setting forth the final interest rates and the purchase price of the Bonds. The actions of the County Administrator shall be conclusive, and no further action with respect to the issuance and sale of the Bonds shall be necessary on the part of the Boazd. 9. 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. 10. Official Statement. A draft of a Preliminary Official Statement to be dated the date of its distribution, copies of which have been provided to the members of the Board, describing the Bonds 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. The County Administrator is authorized and directed to execute an Official Statement. in final form and deliver it to the purchasers of the Bonds. The Official Statement. shall be in substantially the form of the Preliminary Official Statement submitted to this meeting, with such completions, omissions, insertions and other changes as may be approved by the County Administrator, in collaboration with the Financial Advisor, the 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 purchasers 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 the purchasers initially sell Bonds. 11. Official Statement Deemed Final. The County Administrator is authorized on behalf of the County, to deem the Preliminary Official Statement and the Official Statement in final form, each to be final as of its date within the meaning of Rule 15c2-12 (the "Rule") of the Securities and Exchange Commission (the "SEC"), except for the omission in the Preliminary Official Statement of certain pricing and other information permitted to be omitted pursuant to the Rule. The distribution of the Preliminary Official Statement and the Official Statement in fatal form shall be conclusive evidence that each has been deemed final as of its date by the County, except for the omission in the Preliminary Official Statement of such pricing and other. information .permitted to be omitted pursuant to the Rule. eo~~ ~~ ~.: ~~~ 12. 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 purchasers thereof upon payment therefor. 13. 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 Administrator to utilize SNAP in connection with the investment of the proceeds of the Series 1997A Bonds. The Board acknowledges that the Treasury Boazd of the Commonwealth of Virginia is not, and shall not be, in any way liabie to the County in connection with SNAP, except as otherwise provided in the Contract. • 14. Prepayment of BAN. Immediately upon issuance of the Bonds, the County Treasurer is authorized and directed to pay to the holder. of the BAN the proceeds of the Series 1997B Bonds. 15. Arbitrage Covenants. (a) The County represents thacthere have not been sold, and covenants that there will not be sold within 15 days of the date of sale of the Bonds, any obligations that would be treated as part of the same issue of obligations as the Bonds within the meaning of the Internal Revenue Code of 1986, as amended, including regulations issued pursuant thereto (the "Code"). (b) The County. covenants that it shall not take or omit to take any action the taking or omission of which will cause the-Bonds to be "azbitrage bonds" within the meaning of Section 148 of the Code, or otherwise cause interest on the Bonds to be includable in the gross income of the registered owners 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 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. 16. Non-Arbitrage Certificate and Elections. Such officers of the County as maybe requested are authorized and directed to execute an appropriate certificate setting forth the expected use and investment of the proceeds of the Bonds in order to show that such expected use and investment will not violate the provisions of Section 148 of the Code and any elections such officers deem desirable regazding rebate of earnings to the United States for purposes of complying with Section 148 of the Code. Such certificate and elections shall be in such form as may be requested by bond counsel for the County. 17. .Limitation on Private Use. The County covenants 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% oc more of such proceeds'or the facilities being financed with such proceeds being used with respect to any output facility (other than a facility for the famishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) S% 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 covenants. 18. Continuing Disclosure. The County desires to assist the Underwriters in complying with the provisions of Section (b)(5)(i) of the Rule providing for continuing disclosure. Accordingly, the County covenants to do the following: 1 1 .•. 1 ~I~ (a) The County shall provide annually certain financial information and operating data in accordance with the provisions of Section (bx5)(i) of the Rule, as follows: (i) audited financial statements, prepared in accordance with generally accepted accounting principles for governmental units as prescribed by the Govemmental Accounting Standards Board; and (ii) the operating data with respect to the County of the type described in the section of the Official Statement for the Bonds entitled "Operating Data." (b) The County shall provide annually the financial information and operating data described in subsection (a) above (the "Continuing Disclosure") within 180 days after the end of the County's fiscal year, commencing with the County's fiscal year ending June 30, 1997, to each nationally recognized municipal securities information repository ("NRMSIR") and to the appropriate state information depository ("SID"), if any is hereafter created. (c) Any of the Continuing Disclosure may be included by specific reference to other documents previously provided to each NRMSIR and to the appropriate SID, if any is hereafter created, or filed with the SEC; provided, however, that any final official statement incorporated by reference must be available from the Municipal Securities Rulemaking Board (the "MSRB"). (d) The County shall provide in a timely manner to each NRMSIR or the MSRB and to the appropriate SID, if any is hereafter created, notice specifying any failure of the County to provide the Continuing Disclosure by the date specified 19. Event Disclosure. The County shall provide in a timely manner to each NRMSIR or the MSRB and with the appropriate SID, if any is hereafter created, notice of the occurrence of any of the following events with respect to the Bonds, if material: (a) principal and interest payment delinquencies; (b) non-payment related defaults; (c) unscheduled draws on debt service reserves reflecting financial difficulties; . (d) unscheduled draws on any credit enhancement reflecting financial difficulties; (e) substitution of credit or liquidity providers, or their failure to perform; (f) adverse tax opinions or events affecting the ta~c-exempt status of the Bonds; (g) modifications to rights of Bondholders; (h) bond calls; (i) defeasance of all or any portion of the Bonds; (j) release, substitution,. or sale of property securing repayment of the Bonds; and (k) rating changes. 30. Termination. The covenants and obligations of the County specified in Sections 20 and 21 will terminate upon the redemption, defeasance (within the meaning of the Rule) or payment in full of all the Bonds. 21. Amendment. The County reserves the right to modify its obligations contained in Sections 18 and 19 without the consent of Bondholders, provided that such modification complies with the Rule as it exists at the. time of modification. 22. Defaults. (a) If the County fails to comply with any covenant or obligation regarding Continuing Disclosure specified in this Resolution, any holder (within the meaning of the Rule) of Bonds then outstanding may, by notice to the County, proceed to protect and enforce its rights and the rights of the holders by an action for specific performance of the County's covenant to provide the Continuing Disclosure. (b) Notwithstanding anything herein to the contrary, any failure of the County to comply with. any covenant or obligation regarding Continuing Disclosure specified in this Resolution (i) shall not be deemed to constitute an event of default under the Bonds and (ii) shall not give rise to any right or remedy other than that described in Section 24(a). 23. Additional Disclosure. The County may from time to time disclose certain information and data in addition to the Continuing Disclosure. Notwithstanding anything herein to the contrary, the County shall not incur any obligation to continue to provide, or to update, such additional information or data. 24. Other Actions. All other actions of officers of the County and the Boazd in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds aze hereby ratified, approved and confirmed. The officers of the County aze 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 Bonds. 25. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in conflict herewith are hereby repealed. 26. Effective Date. This Resolution shall take effect immediately. The motion was adopted unanimously (5-0). Relative to David Hardy's previous request to the Board regarding an "Town Meeting", County Administrator .Casket' noted :included in the Board's agenda. are two (2) dates for consideration. The Board recommended the meeting be scheduled for January 10, 199$ at Smithfield High School. Supervisor Bradshaw suggested the Board appoint a citizens' advisory panel to report its recommendations regarding the comments received at the open meeting to the Board. .Arthur E. Berkley, Superintendent of Inspections, .provided the Board with a brief overview of the County's recent IS0 Rating Classification. Mr. Berkley stated such rating places the County in the top discount group for one and two family residential and commercial properties. Supervisor Bradshaw moved the Board direct staff to notify citizens of .•. ,~ this rating and the positive effect it will have on their rates by publishing same in the local newspapers. The motion was adopted unanimously (5-0). Supervisor Spady requested Mr. Berkley advise the Board on those communities that have not been surveyed at such time as their surveys are .complete. Supervisor Claud moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE NINE MILLION THREE HUNDRED SIXTY NINE THOUSAND NINE HUNDRED SEVENTY THREE DOLLARS AND FIFTY CENTS TO THE SCHOOL CONSTRUCTION FUND FOR THE NEW WINDSOR ELEMENTARY SCHOOL ~_ WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the construction of the new Windsor Elementary School; and, WHEREAS, the funds in the amount of nine million three hundred sixty nine thousand nine hundred seventy three dollars and fifty cents ($9,369,973.50) need to be appropriated. from the 1997 bond anticipation note proceeds to the School Construction Fund in the 1997-98 budget of the County of Isle of Wight, Virginia. NOW, T'l ~REFORE, BE IT AND TT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that nine million three hundred sixty nine thousand nine hundred seventy three dollars and fifty cents ($9,369,973.50) be appropriated from the 1997 bond anticipation note proceeds to the School Construction Fund in the 1997-98 budget of the County. of Isle. of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted unanimously (5-0). Supervisor Spady moved the Board adopt the following resolution:. RESOLUTION TO ACCEPT AND APPROPRIATE THREE HUNDRED FORTY NINE THOUSAND THREE HUNDRED FORTY NINE DOLLARS IN FEDERAL GRANT FUNDS FROM THE DEPARTMENT OF EDUCATION FOR SCHOOL GRANT. PROGRAMS WHEREAS, the School Board of the County of Isle of Wight has received grant funds from the United States Department of Education; and, eooK 1? ~~:•4$fi WHEREAS, the funds in the amount of three hundred forty nine thousand three. hundred forty nine dollars ($349,349) need to be appropriated to the appropriate line items in the 1997-98 budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Boazd of Supervisors of the County of Isle of Wight, Virginia that three hundred forty nine thousand three hundred forty nine dollars ($349,349) be appropriated to the following line items in the 1997-98 budget of the County of Isle of Wight: Title VI-Innovative Education Program $ 3,000 Educational Interpreter Grant 3,500 Pre-School Incentive 19,224 Title I-Carryover 61,356 Title VI-B x.62.269 $349_.,~4Q 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 things necessary to give. this resolution effect. The motion was adopted unanimously (5-0). Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE TWENTY THREE THOUSAND EIGHT HUNDRED THIRTY FOUR DOLLARS AND EIGHTY SEVEN CENTS FROM THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF FIRE PROGRAMS TO THE COUNTY'S VOLUNTEER FIRE DEPARTMENTS- WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has been .awarded funds from the Commonwealth of Virginia, Department of Fire Programs for the County's Volunteer Fire Departments; and, WHEREAS, the funds in the amount of twenty three thousand eight hundred thirty four dollars and eighty seven .cents ($23,834.87) have been received from the Commonwealth of Virginia, Department of Fire Programs and need to be appropriated to the Volunteer Fire Department line items in the 1997- 98 budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that twenty three thousand eight hundred thirty four dollars and eighty seven cents ($23,834.87) ..received from the Commonwealth of Virginia, Department of Fire Programs be appropriated to line item 11-3202E-5604A Carrollton Volunteer Fire Department ... . r' eoe~ ~ ~7 -~: ~~7 1 1 .($4,766.98); line item 11-3202E-56048 Carrsville Volunteer Fire Department ($4,766.98); line item 11-3202E-5604F Rushmere Volunteer Fire.Department ($4,766.98); line item 11-3202E-5604D Smithfield Volunteer Fire Department ($4,766.98); and line item 11-3202E-5604E Windsor Volunteer Fire Department ($4,766.98) in the 1997-98 budget of the County of Isle of Wight, Virginia. 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 far these funds and to do all the things necessary to give this resolution effect. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE THREE THOUSAND ONE HUNDRED SIX DOLLARS .FROM THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES WHEREAS, the County of Isle of Wight has .received Local Law Enforcement Block Grant Program funds in the amount of three thousand one hundred six dollars ($3,106) from the Virginia Department of Criminal Justice Services; and, WHEREAS, said grant program funds need to be appropriated to the appropriate line item in the FY1997-98 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 three thousand one hundred six dollars ($3,106) or as much as shall be received from the Virginia Department of Criminal Justice Services be appropriated to the Sheriff's Office line item in the FY1997-98 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 award and to do all things necessary to give this resolution effect. The motion was adopted unanimously (5-0). County Administrator Caskey presented a request from. the Sheriff regarding a program to distribute excess military property within the State to Virginia law enforcement agencies in support of law enforcement activities. Taking possession of items. such as vehicles will likely .require that these be added to the County's.. insurance policy, noted Mr. Caskey. ~~ County Attorney Crook commented that he had not had an opportunity. to review the contract. Supervisor Bradshaw moved the Board authorize the Sheriff s Department to .participate in the Program and take possession of .certain property that may be available subject to the County Attorney's approval of the contract. The motion was adopted unanimously (5-0). County Administrator Caskey .requested the Board's authorization to proceed with the County"s contribution in .the. approximate amount of $474 to the Planning District Commission (PDC) on behalf of a Regional Emergency- Planner position. Supervisor Claud moved the Board authorize the County Administrator to respond with the County's contribution level for this proposal upon receipt of the HRPDC Third Quarter Local Jurisdiction Contribution Report. The motion was adopted unanimously (5-0). County Administrator Caskey informed the Board that he has been advised that the Farm Service Agency has relocated its office. In this regard, the County has a number of offices that have represented a need for this additional space, stated Mr. Caskey. Supervisor Bradshaw moved .the Board: direct .staff to meet with the Board's Building. and Grounds Committee (Supervisors Spady and Claud) to formulate a plan for utilizing. the available space. The motion was adopted unanimously (5-0). Mr. Robertson presented a request from the. Isle of Wight County Community Policy and Management Team. (CPMT) that the Board consider appointing Ms. Beverly McQuarry as the "agent" for implementation of the County's Family Preservation/Support Grant Program. Supervisor Bradshaw moved the Board refer the matter to the County Attorney for his recommendation. The motion. was adopted unanimously (5-0). County Administrator Caskey noted that as a result of the Board's first regular meeting in January falling on New Year's Day, the Board may wish to consider rescheduling that meeting. Supervisor Cofer-moved the Board cancel its first meeting in January, 1998 due to it falling on New Year's Day and that the January 15, 1998 meeting commence at 5:00 p.m. The motion was adopted unanimously (5-0). County Administrator Caskey informed the Board that the Governor has granted additional holiday time off. for State employees at Thanksgiving,. 0 ,: -i Christmas and New Year's Day. Supervisor. Bradshaw moved .the Board authorize the County Administrator to notify the Constitutional Officers and County staff that County offices will close at 12:00 noon on Wednesday, November 26, 1997 and remain closed on Thursday, November 27, 1997 and Friday., November 28, 1997 in observance of the Thanksgiving holiday break. The County Administrator was further authorized to advise staff that County offices will close at 12:00 noon on December 24, 1997 and will remain closed on Thursday, December 25, 1997 and Friday, December 26, 1997. In addition, County offices will be closed on Thursday, January 1, 1998 and Friday, January 2, 1998. The motion was adopted unanimously (5-0). County Administrator Caskey stated the Board :previously discussed the issue of emergency sheltering responsive to concerns relayed to the Board by the Director of Social Services. Mr. Caskey stated the Board directed. staff to draft a plan which could be incorporated into the County's personnel policy in which County employees would provide assistance in emergency situations... In this regard, Mr. Robertson has prepared draft guidelines and procedures for the Board`s review, stated Mr. Caskey. Supervisor Claud requested the matter be placed on .the Board's: November 20, 1997 agenda for further consideration. In the meantime, Mr. Robertson was requested to .meet with Linda Bean and other appropriate individuals. // Chairman Bradby called for Old Business. There was no old business offered for discussion. // Chairman Bradby called for New Business. Ms. Harris noted. that in order to hold the dedication ceremony scheduled for November 14, 1997 for the Boykin's Tavern renovation to be covered under the County's insurance, the Board must indicate their intention to .sponsor the event. Supervisor Bradshaw moved the Board sponsor the dedication ceremony scheduled for November 14, .1997. The motion was adopted unanimously (5- 0). // aaaM 17 ~.:~4~0 Chairman Bradby called for Appointments. Supervisor Spady moved the Board .appoint Mrs. Lloyd N. King to the Commission on Aging, representing the Newport District, replacing Martha Grace, for athree-year (3) term which will expire in November of 2000. The motion was adoptedunanimously (5-0). Supervisor Claud moved the Board appoint Julia W. Perkins to the Paul D. Camp Community College Board, replacing Anne R. Edwards, fora four- year (4). term which will expire in November of 2001.. The motion was adopted unanimously (5-0). County Administrator Casket' presented a request from the Hampton. Roads Regional. Identity Task Force asking the Board to provide them by November 30, .1997 names of several individuals to sit on a juror panel which will judge a flag for the region. Supervisor Bradshaw recommended staff provide the Board with the names of potential individuals -who would be interested in serving. Mr. Robertson was requested to provide the Board with candidates for the following (public notices can be advertised, as necessary): Comprehensive Youth Services Act Board Senior Services of Southeastern Virginia Board of Directors Youth Services Advisory Board Commission on Aging (Eligibility of Grace Keen to serve). // County Attorney Crook requested an executive session. under Section 2.1-344 A7 of the Freedom. of Information Act concerning advice of counsel relative to potential litigation. , County Administrator Casket' requested an executive session under Section 2.1-344 A3 of the Freedom of Information Act relative to three matters involving acquisition and/or use of public property for public use; under Section 2.1-344 Al concerning two personnel matters;, under Section 2.1-344 A7 concerning two matters for advice of counsel relative to potential litigation; and, under Section 2.1-344 Al concerning interviews with consultants for the Housing Rehabilitation Technical Assistance Planning Grant for the Jamestown/Camptown community. Supervisor Claud moved the -Board enter executive session for the reasons stated.. The motion was adopted unanimously (5-0). ri t 1 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. lA 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, T'1`fEREFORE, BE TT 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. VOTE AYES: 5 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board direct staff to negotiate with the number one consultant for the Camptown/Jamestown Community Development Block Grant (CDBG) Planning Grant. The motion was adopted unanimously (5-0) // At 5:48 p.m., Supervisor Cofer moved the Board. adjourn. The motion was adopted unanimously (5-0). ~, Henry . Bradby, Chairman W. Dou as askey, C eoa~ ~ 17~-r: 4 ~i Upon,returning to open session, Supervisor Bradshaw moved the Board adopt the following resolution: rFRTIFICATION OF EXECCTTNE MEETLNG