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07-07-2005 Regular Meeting. 2'3 ~~ REGULAR MEETING OF THE. ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SEVENTH DAY OF JULY IN THE YEAR TWO THOUSAND AND FIVE PRESENT: Phillip A. Bradshaw, Chairman Thomas J. Wright, III, Vice-Chairman Henry H. Bradby Richard K. MacManus Stan D. Clark Also Attending:. Jacob P. Stroman, IV, County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant County Administrator/Operations E. Wayne Rountree, P.E., Assistant County Administrator/Development Anne F. Seward, Assistant County Administrator Administration Carey Mills Storm, Recording Secretary Chairman Bradshaw called the meeting to order at 4:00 p.m. // Supervisor Bradby delivered the invocation. // The Pledge of Allegiance was conducted. // Chairman Bradshaw called for approval of the agenda. County Attorney Stroman. requested that the. following amendments be made to the agenda:. Under Item 7, County Attorney's Report, add a report received from staff on .the experiences of various communities with biosolids; under Item 9, Parks and Recreation, add a change order with W. P. Taylor regarding construction of the Central County -Park; add Item 14, Closed Meeting, regarding four (4) items pertaining. to legal advice; one (I) item pertaining to the investment of public funds; and, two (2) items pertaining to personnel matters regarding salaries of County employees and County Officers. Supervisor Wright moved that the Board approve. the agenda, as amended.. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and. no Supervisors voting against the motion. 1 Aa:,~. 23 :, ~'~17 ~~ ~. Chairman Bradshaw called for Special Presentations. Chairman Bradshaw presented a Resolution of Appreciation to Isaac N. Jones, III .Upon the Completion of his Services to the Smithfield Volunteer Fire Department and the Citizens of Isle of Wight County. Supervisor MacManus moved the Board adopt the following Resolution: ~. Resolution of Appreciation Isaac N. Jones, III Upon the Completion of his Services to the Smithfield Volunteer Fire Department and the Citizens of Isle of Wight County Whereas, Isaac N. "Buddy" Jones, III served for seventeen years as Fire Chief of the Smithfield Volunteer Fire Department; and, Whereas, Isaac N. Jones, III has selflessly given of his time and energy during his tenure as Chief to provide leadership and direction to the Smithfield Volunteer Fire Department; and, Whereas, Isaac N. Jones, III has spent countless hours purchasing and maintaining the tools needed to ensure the safety of the citizens of Isle of Wight County and the Town of Smithfield; and, Whereas, Isaac N. Jones, III thirty-seven total years of service had a positive impact on the safety and quality of life of the community; Now Therefore, Be It Resolved by the Isle of Wight County Board of Supervisors that Isaac N. Jones, III be recognized and commended for his outstanding service to the citizens of Isle of Wight County and the Town of Smithfield, and is presented this Resolution as a token of the Board's gratitude and esteem; and, Be It .Further Resolved, that the Isle of Wight County Board of Supervisors. extends to Isaac N. Jones, III its best wishes for his future endeavors and orders that a copy of this Resolution be spread upon the minutes of this Board this seventh day of July 2005. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. 2 ` - ?ODM ~J .,,rn~Q Chairman Bradshaw called for a presentation on the Isle of Wight County/Smithfield/Windsor Archaeological Assessment. Elizabeth Monroe,. Project Archeologist with the William & Mary Center for Archeological Research, briefed .the Board on the Executive Summary of the archeological assessment done for County and. the Towns of Smithfield and Windsor. She stated the GIS files can be linked to the County's database. which can be used by the County as a reference for future planning. She stated the assessment will help in prioritizing areas where archeological work might be needed, and it is one (1) of the steps towards receiving Certified Local Government status, a program that provides grants for historic preservation projects.. She stated included in the assessment is an inventory of cemeteries performed by the Gravesite Survey Task Force which has recorded over 12,000 individual headstones in over seventy (70) cemeteries. She advised that the results of the assessment indicate that the County contains sites that represent every time period of human occupation for the region, and is home to sites of national and international significance. She noted of the most common types of sites are historic farmsteads and prehistoric camps. She stated conclusions are based on what is known from sites that have. already been identified, which means that results are influenced by survey coverage. in the County, and are subject to change as information is added. to the database. She stated it is recommended that this assessment be updated on occasion in .order to incorporate any new information. Supervisor MacManus inquired if Ms. Monroe would be briefing the Towns of Smithfield and Windsor on the archeological assessment, as well. Ms. Monroe advised that representatives from the Town of Windsor were presented at the power-point presentation that was shown at the public meeting. a Supervisor Bradby inquired what was the most significant area of the County. Ms. Monroe stated based on information at this .point, she believed Bass' Choice on the James River located not far from Fort Boykin. Supervisor Clark moved the Board accept the Archaeological Assessment Report, as recommended by County Administrator Caskey. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Bradshaw called for a special presentation from the Chairman of the Newport Development Service District (NDSD) Revitalization Committee. 3 Fred Walls noted included in the agenda are the Committee's recommendations to carry out revitalization activities along the Route 17/32 corridor. He noted if the Board would approve the recommendations as a plan of action, the Committee would individually bring back action items to the Board. Supervisor MacManus inquired if the Committee had discussed the possibility of eliminating billboards and eliminating auto junkyards. Mr. Walls stated the County's ordinance addresses any future auto junkyards and the maintenance of any existing structures. He stated tie Committee's scope of work was to encourage existing businesses to improve the appearance of their property in an effort to revitalize the Route 17/32 corridor. Supervisor-Clark advised Mr. Walls that the Board envisions acquiring right-of--ways and using shrubbery and landscaping to hide unattractive areas, although it has not yet established a budget for the acquisition of properties. .Supervisor MacManus noted that the Board had set aside funds for the strategic acquisitions of land, where appropriate. Mr. Walls stated the Committee's initial concern was to develop methods by which the. existing landowners could make improvements to their properties, which is a long-term process. Supervisor MacManus recommended a more aggressive approach be taken, and he inquired if the business incentive for improvements on a 50/50 match was based on York County's ordinance. Mr. Walls stated percentages and architectural issues were discussed, to include .landscaping design, which would allow the landowner to purchase the .improvements, and the Committee would provide the design. Supervisor MacManus recommended loans or grants be secured -that could be spread over a period of time, which would allow the landowners to get it back over time provided they maintained their property. He pointed out that maintenance of their properties is not addressed once it is brought up to a certain level which causes him concern because the County will be participating on a SOI50 match contribution. J Supervisor Clark stated York County obtains a landscaping easement which allows that county to maintain it; however, York County has the staff to maintain it, and the County does not. He recommended plants be selected that are climate appropriate. Supervisor MacManus inquired if there was a .charge to landowners who do not maintain their properties. He recommended that if financial 4 ..~,,, ~~ .~~o incentives were. offered to property owners it might cause them to revitalize their areas sooner versus over a ten (10) year period. Supervisor MacManus offered to refer his other comments and recommendations to Debbie J. Sivertson, Assistant to .the .County Administrator, as recommended by Chairman Bradshaw. He indicated that he would also attend the Committee's meetings and provide his input. Mr. Walls stated that the Committee had discussed the importance of consistency with respect to planning and zoning issues along the Route 17/32 corridor, ensuring that both the Board and the Department of Planning and Zoning' are consistent with respect to zoning issues. Supervisor Clark moved the Board .accept the Newport Development Service District (NDSD) Revitalization Committee's report. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against .the motion. Chairman Bradshaw called for a presentation on the PEG Channel Video Broadcast. Walter Baker, PrimeMedia, presented a video broadcast. presentation illustrating the types of programs that could be implemented on the County's PEG channel Supervisor MacManus advised Mr. Baker that he would have staff provide him with any video tapes received from the Virginia Association of Counties (VACo) that contain information beneficial to County residents for inclusion on the PEG channel. He further advised Mr. Baker that if he would let Mr. Hornbaker know his preference, the County would request information in his. preferred format. Supervisor MacManus inquired if the pricing. could be included in the contract to videotape the affordable housing forum scheduled for July 28, 2005, and place it on the PEG channel even though the contract does not begin until September 1, 2005. Mr. Baker replied that he could tape the forum for a price of $700. Supervisor MacManus requested that a VHS/DVD be produced of all events that run on the PEG channel with a message at the end of each tape advising that such copies. are available of the event at the various local libraries Supervisor Clark moved the Board authorize the Chairman to sign the contract, subject to revision based on the discussion and contingent upon review by the County Attorney. The motion was adopted by a vote of (5-0) 5 p0~?r ~+~ ..~ ~?i with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. County Administrator Caskey advised Mr. Baker that he would be ' contacting him with respect to the event scheduled for July 28, 2005. Chairman Bradshaw called for a presentation on the Compensation Study for the Department. of Social Services. 1 John C. Catron, Director of Social Services, stated following his briefing to the Board on April 21, 2005 concerning salary and turnover issues. within that department, a salary study directed by the Social Services Board has been conducted. and the consultant's report and recommendations have been approved by the Social Services Board at its meeting on June 21, 2005. He stated .that the Department of Social Services falls under the state compensation scale, and Social Services staff did meet with the state compensation staff who have approved the findings and recommendations of the salary study, as well. He stated the study recommends more competitive salaries and greater flexibility are needed to retain current staff and attract .talented employees to that department. He stated in years past, the Department of Social Services has requested that the state refund to that department local funding. provided by the County for .local programs. He requested that the Board allow the Department of Social Services to retain the funds reimbursed by the state in June, 2005 in the amount of $106,000. Chairman Bradshaw moved to accept the report as presented, and that it be forwarded to staff for their .review and recommendations. Any implementation of a pay plan will be retroactive to July 1, 2005. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw indicated the Consent Agenda included the following items: A. .Resolution to Recognize and Congratulate Michael Irwin for Achieving the Rank of Eagle Scout B. Resolution to Designate July 17-23, 2005 as Project Lifesaver Week C. School/County Consolidated Services -Status Report D. Public Meeting for Private Waterworks System Owners to Address Fluoride Compliance Issues 6 804 ~~ ..~`~`)~ E. County Fuel Bids F. Resolution to Authorize the Solicitation. of Proposals for Non- ' Professional Services for- the Route 17 Corridor Design Charette_ & Master Plan G, VACo Programs Available H. .July 2005 -Quarterly Update of Action Steps , I. Action List Status Update J. 2006 Comprehensive Plan Update Community Meeting K. May 19, 2005 Regular Meeting Minutes L. May 31, .2005 Regular Meeting Minutes Chairman Bradshaw asked if there were any items for removal.. Supervisor Bradby moved that Items (C), (F), (G) and (I) be pulled for further discussion, and. adopt the remaining items on the Consent Agenda. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wrightvoting in favor of the motion, and no Supervisors voting against the motion. With respect to Item (C), School/County Consolidated Services Status Report, Chairman Bradshaw directed County Administrator Caskey to set up a meeting between the School Board Chairman and himself. In the meantime, Ms. Seward is to continue to work with school staff. With respect to Item (F), Resolution to Authorize the Solicitation of Proposals for Non-Professional .Services for the .Route 17 Corridor Design. Charette & Masten Plan, Supervisor MacManus moved the Board adopt the following amended Resolution to cover all of Route 17 in. the County from the James River Bridge to the Suffolk City line: RESOLUTION TO AUTHORIZE THE SOLICITATION OF PROPOSALS FOR NON-PROFESSIONAL SERVICES FOR THE ROUTE 17 CORRIDOR DESIGN CHARETTE & MATER PLAN WHEREAS, the Board of Supervisors of Isle- of Wight County, Virginia has determined that it is appropriate to solicit the services of a vendor to conduct a design Charette and develop a mater plan for the. Route 17 corridor in Isle of Wight County; and, 7 ~~,..~ 2.~ . '323 WHEREAS, County staff will need to discuss and negotiate the scope of services; as well as determine the experience and overall competencies of potential vendors. 1 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia, pursuant to the Code of Virginia, Section 2.2-4303.C (1950, as amended), authorizes County staff to conduct competitive negotiation through a request for proposals for the needed services noted based on its determination that competitive sealed bidding is not a practicable means of making the most appropriate selection of a provider of these services. .~ The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. With respect to Item (G), VACo Programs Available, Liesl R. DeVary, Director of Budget and Finance, advised Supervisor MacManus that she would. continue to encourage the combination of property and liability with worker's compensation insurance. With respect to Item (I), Action List Status Update, Chairman Bradshaw requested the County. Administrator to address with his staff any redundant issues associated with the Report. // Chairman Bradshaw .called for Regional Reports.. Supervisor. Clark reported that he had addressed the Hampton Roads Partnership with regard to actions of -the Hampton Roads Planning- District Commission (HRPDC). He stated .the Transportation Committee held a meeting of fifty (50) community leaders from the Southside and the Peninsula to address transportation. concerns. He noted that designated revenue streams are needed, comprised of taxes and tolls, to include public/private partnerships. 1 Supervisor MacManus moved the Board direct the County Administrator. to send a letter to Dana Dickens on behalf of the Board suggesting that the candidates for Governor be invited. to address to the Partnership their commitment to solving the transportation problems in the region. The motion- was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, andno Supervisors voting against the motion. Chairman Bradshaw reported that the VACo Conference is scheduled for the month of August in Charlottesville. He also noted that the NACo Conference would be held in Virginia in the year 2007. 8 90!+~ ?~ `?`~~ With respect to .the Western Tidewater Water Authority,- .Supervisor MacManus reported that the permit approved by the State for the 4.3 million gallons per day of withdrawal has gone through its thirty (30) day period for comment. Supervisor. MacManus reported that. SPSA has been awarded a certificate for environmental conscientiousness. He also noted that SPSA appears to have a $2 million shortfall this fiscal year i~ expenses versus. revenue due to increased fuel and equipment costs, and because anticipated levels of waste from commercial haulers was not as high as expected. Supervisor MacManus reported that the recent Intergovernmental Relations Committee meeting resulted in a breakdown in the County's dialogue with the Towns of Smithfield and Windsor. He noted issues, were presented by the Towns that had not been previously discussed with County staff. He stated that he would be talking to Peter Stephenson and Kurt Falkenstein on the outcome of that meeting. He advised that the Committee has agreed to .begin. meeting every. two (2) months versus every three (3) months. Supervisor MacManus reported that the Tourism Advisory Committee would have a preliminary report for the Board in July, 2005 on how the County should be proceeding in that regard. Supervisor MacManus advised that in an effort to :improve the relationship between the County and the Town of Smithfield, all. employees of the Town and County will be invited to attend a cookout scheduled for July 22"d at the Smithfield Center. // Chairman Bradshaw called for Transportation Matters. Mr. Rogers advised the Board that the VDOT quarterly meeting is .scheduled for July 26`h at 1:00 p.m. at the Hampton Roads District office. County Administrator Caskey requested. that Mr. Rogers notify the Towns of Smithfield and Windsor about the date of the meeting. Mr. Rogers advised that he had mailed a letter to the members of the Transportation Safety Committee announcing a meeting on July 20, 2005. .Supervisor Clark moved the Board direct staff to take appropriate .action with VDOT to request that "Children at Play" signs be installed. in the .Ashby Subdivision. The motion was adopted by a vote of (5-0) with. Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. 9 ea~K 23 .:-3~~ 1 With respect to a complaint received by .Supervisor Clark about materials used by a developer in the Eagie Harbor Subdivision, Supervisor MacManus moved the Board direct the County Attorney to advise the Board what the County's rights are with respect to developers that are not in compliance with VDOT road construction regulations or the .County's Subdivision Ordinance, and include language for bonding and inspection. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright. voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Clark moved the .Board direct staff to investigate .a complaint about vehicles for sale being located along Route 17 .and. As~iby Way that are causing visibility problems for motorists. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Clark noted that he had received calls from citizens complaining about children skateboarding in their neighborhoods. Mr. Nogiec advised that the Skateboard Park is open far use by the public. 1 Supervisor Bradby requested that Mr. Rogers investigate and report back on the status of the bushes that are in need of trimming at Fort Huger and Tyler's Beach. He advised that there are also weeds in need of trimming where Bradby's Lane, meets Fort Huger Drive. Jonathan W. Hartley, Director. of Planning and Zoning, presented a Resolution of the Board of Supervisors of Isle of Wight County, Virginia to Support Candidate Build Alternative 1 of the U.S. Route 460 Location Study for the Board's. consideration. He stated that open format public hearings have been scheduled for July 19, 2005 and July 21, 2005 at Windsor High School. He stated there is also a meeting scheduled for July 13, 2005 of the local jurisdictions at the Wakefield Diner which he and Assistant County Administrator Rountree will attend. Supervisor MacManus recommended that the Board support CBA # 1 with the inclusion of an interchange at the Shirley T. Holland Commerce Park, which is designed for truck traffic.. .Supervisor MacManus moved the Board adopt the amended Resolution to reflect that the Board wants the interchange at the Shirley T. Holland Commerce Park: 1 RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA TO SUPPORT CANDIDATE BUILD ALTERNATIVE 1 OF THE U.S. ROUTE 460 LOCATION STUDY 10 .WHEREAS, the Virginia Department of Transportation, in coordination with state and federal agencies, is .studying the relocation of U.S. Route 460 between the Hampton. Roads Region and the Richmond- ' Petersburg Region; and, WHEREAS, the Route 460 Corridor provides a vital thoroughfare for economic activity, an evacuation route in the event of natural disasters, and .provides a key military logistical route; and, WHEREAS, Candidate Build Alternative 1 (CBA 1) is proposed to be located south of the existing U.S. Route 460; and, WHEREAS, this alignment limits the environmental and historical impacts and provides an opportunity for increased commercial, industrial and economic activity for the Town of Windsor, Isle of Wight. County and the Commonwealth of Virginia. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Isle of Wight County, Virginia supports CBA 1 as the preferred alternative for the relocation of U.S. Route 460. BE IT FURTHER RESOLVED, that we, the Board of Supervisors of Isle of Wight County, Virginia hereby request that this. alignment be evaluated to the fullest possible extent in order to enhance and promote. the social and economic opportunities along this corridor. Specifically, that the proposed CBA 1 be carefully designed and coordinated with existing and future development plans for industrial development southeast of the Town of Windsor, including the Shirley T. Holland Commerce Park and the 1,600 acre site previously proposed as a coal storage facility by Norfolk and Southern, which are expected to generate thousands of vehicle trips per day. Such consideration should include. the addition of an interchange in this vicinity. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,. Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for Citizen's Comments. Henry Morgan invited the Board to attend a baseball game on Tuesday, July 12`h at the War Memorial Stadium in Hampton. He noted that the gates would be opening at 6:00 p.m. and the game would begin at 7:00 p.m. P. D. Wells, Jr. of the Hardy District expressed concern that the farm behind him is being subdivided for a second time, and a small road adjoining his property is overburdened as a result of development. 11 Bogie ~.Z . ~ ~~7 Supervisor Bradby moved the Board direct the County Attorney to meet with Mr. Wells and him to discuss Mr. Wells' issue. 1 Albert- Burckard requested that the Board take the necessary action to preserve the pump house at Jones Creek. Jerianne Gardner reported on the recent meeting of the isle of Wight Historical Society which discussed the visitor signs at Boykins Tavern; the replacement of the cannon at the Courthouse; an illustration of the draft sign for Fort Huger; and, certain unresolved issues, to include the request oi:Joe Ferguson to name the new road leading .into the Central County Park Josiah Parker Boulevard, and a request if the County could set aside land in the Park for the placement of historical buildings that need to be moved. Supervisor MacManus moved that the Board address the issues under New Business. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. /J Chairman Bradshaw called for the County Attorney's report. County Attorney Stroman presented a proposed Ordinance Providing for Authority of the County to Fine Owners of Residential Property who Fail to Cut Their Grass. ' Supervisor MacManus recommended that. each three (3) day period constitute a separate violation. Supervisor MacManus moved the Board authorize the County Attorney to advertise the amended Ordinance for public hearing at the Board's July 25, 2005 meeting to reflect that every three (3) day period constitutes a separate violation. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. County Attorney Stroman presented a proposed contract with Gately Communications Company, which he has reviewed and approved as to form. Supervisor Clark moved the Board authorize the Chairman to execute the contract with Gately Communications Company on behalf of the County. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. 12 BASK 23 ~, County Attorney Stroman presented a proposed services agreement with James Duncan and Associates, Inc., which he has reviewed and approves as to form. Supervisor Wright moved the Board authorize the Chairman to execute the agreement with James Duncan and. Associates, Inca on behalf of the County. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark. and Wright voting in favor of the motion, and no Supervisors voting against the motion. With respect to the issue of .the County considering funding for the proposed Pig Jig event, County Attorney Stroman advised that it would be permissible for the County to make a financial contribution as it does meet the definition of a charity. He further advised that the Board would not be setting a legal precedent; however, it would be setting a policy precedent, and should the Board decide to approve the request, it should anticipate a number of other groups. appearing before it to request a financial contributionrn the future. Anne F. Seward, Assistant County Administrator/Administrator, advised the Board that staff is currently studying other non-monetary options that will support this and other requests that come forward in the future. She noted that staff will report back to the Board at its next meeting on all the. options discussed. // Supervisor Clark moved the Board take a recess. The motion. was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor. of the motion, and no Supervisors voting against the motion. ~ ~ Supervisor Clark moved that the Board return to open session. The motion was adopted by a vote of (5-0) with .Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw. called for the continuation of .the County Attorney's report. County Attorney Stroman briefed the Board on the proposed Biosolids Ordinance. He made reference to certain materials contained in the agenda that were prepared by Rachel M. Morris, Rural Economic Development Manager, with respect to various experiences of different communities. He .advised that he has surveyed ten (t 0) other local ordinances. He stated with respect to whether localities felt like their comments were taken seriously by 13 °~"° 2~ ~~ the Virginia Department of Health during the permitting process, there are a number of localities that take an active role in these processes, and far the most part their comments are listened to, although .not to the extent they might like in certain circumstances. He stated with respect to buffers,. the state retains the ability as a part of the permitting process to expand buffers. He stated with respect to testwells, the County does have an option, but it will be at the County's expense. He stated with respect to the Right to Farm Act, a land applicator could receive a permit to apply the biosolids, but under the Act,. the above ground application and storage of biosolids would be an item that an adjoining landowner could bring a nuisance action on. He stated the Board does have until August 28,.2005 to provide its comments regarding pending permit .applications, and if the Board wants to set the curt~nt application for public hearing at its July 25, 2005 to gather comments, there is .ample time to provide those comments to the Department of Health. He stated pursuant to the Board's direction, staff. has surveyed .ten (10) ordinances to determine if there were any items that were missing from the County's proposed ordinance. He stated page 3, Section 14-83 includes .the notice requirements for land application,. and the period of advance notice was changed from 30 days to 100 days; a reference to the Board having the option was included; Page 4, Section 14-83 now makes a reference to the nutrient management plan and any water quality assessments; under Section 14-83, a new Item (D) has been added which requires notification by the biosolids monitor of the adjoining landowners; under Section 14-83, a new Item (F) has .been added which. concerns the Board's right to make comments; under Section 14-83, a new Item (G) has been added which provides .for signage; Page 5, Section 14-85 includes an obligation of the applicator to promptly respond to spillage within 36 hours; under Section 14- 85, Item (E) includes additional language concerning the removal from unauthorized lands which strengthens the violation section; under Section 14- 88, he has removed the $1,000,000 liability insurance coverage and replaced it with an amount to be determined by the Board and to add that the County would be a beneficiary or additional insured; and, on Page 7, Section 14-91 has been changed from a Class II to Class I misdemeanor in Virginia. Rachel M. Morris, Rural Economic Development, noted after. speaking with several localities, she is confident that their programs are working. She stated some jurisdictions monitor to a great extent, while others. wait until a complaint is made. She stated it is up to the Board as to how much it wants its local monitor to invest time into the process. She presented pictures she recently obtained- after attending a local monitor training class offered: by the Department of Health. She stated she now has a bettercomfort level, and would recommend that the Board also visit a site to see the actual process. Supervisor Clark mentioned that he had reviewed the Farm Bureau's insurance policy, which excludes spills and .damage done to adjoining landowners as a result of biosolids. He stated the average farmer policy does not cover damage to an adjoining landowner from biosolids or any other application by a farmer. He stated in the proposed ordinance the County 14 90np 2~ ., •.31~~, makes the land applicator liable, but not the farmer, and this really is a joint. effort between the two (2) of them. Chairman Bradshav~ stated that he did not believe there had ever been a spillage incident in the State of Virginia. Ms. Morris stated that everyone that she has made contact with has advised. her that there have. been no spillage accidents. She stated the consistency is not liquid, but rather it looks similar to a pile of dirt. Supervisor Clark inquired. with if the County is only going to hold the applicator responsible, and not the individual who actually receives the product. County Attorney Stroman advised that the reason that the reference is to the land applier is because the .land applier tends to be afor-profit entity and would have the financial means to provide meaningful financial assurance. Supervisor Clark expressed interest in making the applicator hold the landowner harmless so that the landowner is not liable for damage or spills as a result of the application of biosolids. He inquired if the County could make the land .applicator solely liable by ordinance for damage to adjoining landowners. County Attorney Stroman suggested a requirement that the land applicator indemnify the landowner from any claims would ensure against a worst case scenario. .Supervisor Bradby stated he is familiar with a Board member with Charles City County who advised him that that county has never had a problem with the application of biosolids. Supervisor MacManus inquired what protection the County has over a period of time, noting that if there was going to be damage, it probably would not happen suddenly, but more likely over a period of time. County Attorney Stroman suggested that the County's ordinance- may need to specify a time period during which the insurance or other financial responsibility would be in force. Supervisor MacManus noted that while the County is the beneficiary, he is concerned about the impacted landowner. County .Attorney Stroman explained that if a .situation exists where there is a spill, and an environmental hazard is created and the applier does not tend to it promptly, the County needs to be the beneficiary to take care of the problem. He further explained that there could potentially be a problem 15 9001E 2J =' ~'•,~~ with a land application other than a spill, such as the application of something different than the Class B biosolids which creates an environmental hazard. He stated the funds to address this problem would come from the financial assurance. He stated this is different from a situation of requiring some insurance in favor of adjoining landowners, and this is not the path that other localities have taken. Supervisor MacManus inquired if the County has run-off after. five (5) years, or algae blooms such as Westmoreland County, or lakes begin to die, who would be responsible, and would there be any benefit for the adjoining landowner that was impacted. County Attorney Stroman advised that a typical situation is that the land applier will have insurance that protects them from claims, if they are still in business. Chairman Bradshaw stated that farmers today use stronger chemicals to spray their fields than biosolids,. and they are currently not protected from that. 1 County Attorney Stroman stated that he does not .believe that the ordinance contemplates protecting adjoining landowners in the way that Supervisor MacManus is referring to, however, it does provide an opportunity for people who are going to be affected to join in with the Department of Health. by monitoring, sampling,. and by requiring prompt cleanup. He stated in terms of legal protection and requiring .insurance in favor of adjoining landowners, he has not seen any county attempt to do so. Chairman Bradshaw noted that individuals who reside in the County live in a farming community, and they must accept the responsibility that they moved here and that these types of environmental issues are going to be present. Supervisor MacManus requested the County Attorney investigate and be prepared to advise him before the public hearing what the County's ability is as a governing body to protect the citizens, and how can the County can make the land applier responsible, if negligent, over a period of time. County Attorney Stroman offered to research the matter for Supervisor MacManus, and if it appears to be feasible, it could be included in the ordinance for purposes of advertisement for public hearing. He noted there is a difference of opinion, and he would have to advise the entire Board on that question. Supervisor Wright commented that biosolids would only be applied to the same field every three (3) to five (5) years, at which .time it would be tested for pollutants. 16 County Attorney Stroman stated. if a sample was taken and found to be out of compliance,. then the biosolids monitor will alert the Department. of Health and take the necessary steps from having the biosolids spread at all. Responsive to Supervisor Clark, County Attorney Stroman advised that there. is a requirement for bonding in favor of the County, and a provision could also be included that would require that the land applier maintain an adequate amount of insurance. Supervisor MacManus inquired if the County has the ability to require that a water quality impact assessment be performed. County Attorney Stroman replied that while water quality assessments have been required at the state level, information is going to be provided to -the biosolids monitor by the applicator. He stated this is an area in which the County is at the mercy of the state. Supervisor MacManus commented these are not the traditional water quality impact assessments that the Board is use to seeing. Supervisor Clark commented .that the Board is constrained by the state statute with respect to the buffer areas, in that they can not be increased. County Attorney Stroman advised that the state's requirements do preempt local authority. Ms. Morris noted that the Board could be site specific during the public hearing process. She stated if the Board desires to increase the buffer area for a particular reason, a request can be submitted to the. Department of Health. County Attorney Stroman advised that buffers are often an issue where a board of supervisors weighs in during the public hearing. He stated the regulations refer to a minimum buffer, and oftentimes because the land applicator wants his permit approved, there can be direct communication between the County and the land applicator. He stated the Department of Health always looks favorably on those cases where the land applicator addresses a concern with the buffer and volunteers to increase the size. He stated the Board can definitely influence the issue of buffers, just not in the ordinance. Chairman Bradshaw inquired if there is a designated County person that is communicating with Recyc Systems. County Administrator Caskey replied that Ms. Morris is the contact person at this point with respect to the farming community, but that he had .not yet designated anyone formally to interact with Recyc Systems. 17 -- ~o~r ?3 ~::.~ 333 Chairman Bradshaw suggested .that County Administrator Caskey designate a staff person to make contact with Recyc Systems so that an open . line of communication could be initiated and any concerns relayed. County Administrator Caskey designated E. Wayne Rountree, P.E., Assistant County Administrator/Development, and stated he should officially begin to communicate with Recyc Systems from this point forward. Supervisor Clark requested that staff include a plat with all applications so that the Board can determine what- is located in .close proximity to the property before proceeding to make an informed decision to the Department of Health. Supervisor MacManus moved the Board direct the County Attorney to advertise the amended- Ordinance for public hearing at the Board's July 25, 2005 meeting to include a requirement under the financial insurance section to have applier indemnify the landowner on which the biosolids are being applied, and to impose a second insurance requirement on the applisr to maintain liability insurance in an amount deemed sufficient by this- Board that would protect against claims of County citizens for damages. The motion was adopted by a vote of (5-0) with Supervisors .MacManus, Bradby, Bradshaw, .Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Clark moved that the Board authorize staff to advertise a public hearing on the biosolids applications for the Board's July 25, 2005 meeting. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for the Community Development Report. Mr. Rogers presented the Final Subdivision Plat of Founder's Pointe , Phase 2, Sections 2A, 2B, 2C and 2D, Sugar Hill Road, Route 661, Newport Magisterial District. Supervisor Clark noted that there are still outstanding issues with the Homeowner's Association and maintenance of the gravesite, the clubhouse and other issues that need to be resolved before proceeding. Beverly H. Walkup stated staff has forwarded comments back to the applicant for the site plan to be revised; however, issues still remain that affect the subdivision plat. Supervisor Clark moved the Board table consideration of the subdivision plat until the Board's August 18, 2005 meeting. (The Board later 18 ~oea 23 ..~ ~~.3~4 in the meeting changed their regular meeting date of August. 18, 2005 to August 24, 2005.) The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the. motion. Pursuant to the Board's discussion at its meeting on June 16, 200 with respect to the Eagle Harbor Shopping Center BMF, staff has addressed the items in the staff report relative to criteria, design, and capacity of that BMP. He advised that the County does not require fencing around BMPs because of its required maintenance, and if the Board does wish to begin considering fencing, then he would recommend that standards be established when fencing would be required and that it be included in the design criteria. f a Supervisor MacManus stated this item has been brought to the attention of the Breeden Company, the responsible party for any liability, and it does not seem to think the BMP is an apparent hazard, so he would be willing to wait until the Stormwater Management Ordinance is developed. Mark Harrup, Planner, briefed the Board on the Planning Commission's recommendation that. the Board approve funding for an upcoming Affordable Housing Strategy Forum in the amount. of $2,5.00, Supervisor MacManus moved the Board approve funding in the total amount of $2,500 for the Affordable Housing Strategy Forum ,Speaker, as recommended by staff; that the event be videotaped at the County's. expense; that Mr. Graham is to work with staff to determine a convenient evening meeting date; and, direct staff to advertise the matter in the newspapers and invite the City of Suffolk and the members of the Hampton Roads Planning District Commission when the matter returns to the Board. The motion was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Bradshaw and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Clark absent for the vote. // Chairman Bradshaw. called for the Parks and Recreation Report. .Alan S. Nogiec, .Director of Parks and Recreation, briefed the Board on the Central County Park & Fairgrounds sign.. He stated in addition to .communicating with the public about the Fair and other types of events, the County will also be able to advertise public service announcements, as this location is on a major thoroughfare of the County. He stated. the property is zoned RAC, and. a waiver must be approved by the Board in order for the sign to be placed at that location. Supervisor MacManus noted in commercial establishments, the Board has attempted to lower sign heights, and. he would .recommend that the sign be .lowered by one (1) foot by removing "Operated. by Parks and Recreation' ; 19 go~aK 23 ~~~~33~ replace the oak tree on the sign with the County logo; and, that staff request a recommendation from the Isle of Wight Historical Society on a name with a historical connotation for the park. 1 Supervisor MacManus moved the Board direct staff to remove the language at the bottom of the sign (Operated by Parks and Recreation," thus lowering the -sign by 12"; replace the oak tree with the County logo; and, request a recommendation from the Isle of Wight Historical Society on a name with a historical connotation for the park. The motion was adopted by a vote of (5-0) with. Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. County Attorney Stroman presented a .change order for additional work to be done at the Central County Park. He stated staff and the contractor have agreed that forty-five (45) days will be sufficient for the additional work to be performed. .Supervisor Clark moved the Board authorize the Chairman to sign the change order with W. P. Taylor. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for the County Administrator's report. County Administrator Caskey presented a Resolution to Authorize the Application, Acceptance and Appropriate of TRIAD Grant Program Funds. Supervisor MacManus moved the Board .adopt the following Resolution: RESOLUTLON TO AUTHORIZE THE APPLICATION, ACCEPTANCE AND APPROPRIATE OF TRIAD GRANT PROGRAM FUNDS WHEREAS,. the Board of Supervisors of the County of Isle of Wight, Virginia has made application for grant funds from the State Office of the Attorney General for the TRIAD Program;. and, 1 WHEREAS, funds in the amount of two thousand five hundred dollars ($2,500) or so much as shall be received from the State Office of the Attorney General needs to be accepted and appropriated to the appropriate line item in the FY 2005-06 Operating Budget of the County of Isle of Wight, Virginia; and, WHEREAS, a local cash match of two hundred fifty dollars ($250) needs, to be transferred from the County Operating Contingency line item to 20 ~o^~ 23 -r ~-~36 accommodate said local match in the FY 2005-06 Operating Budget of the County of Isle of Wight, Virginia; and, NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County. of Isle. of Wight, Virginia than two thousand five hundred dollars ($2,500) or so much as shall be received from the State Office of the Attorney General shall be accepted and appropriated to the appropriate line item in the FY .2005-06 Operating 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 things necessary to give this resolution effect. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Donald T. Robertson, Assistant County Administrator/Operations,. presented a Resolution to Oppose Effort to Diminish Local Real .Property Taxing Authority for the Board's consideration. Supervisor Wright moved the Board adopt the following Resolution to Oppose Effort to Diminish Local Real Property Taxing Authority, as amended to change the language pertaining to "imposition of an assessment or other limitations" to the "elimination of the imposition of an assessment": RESOLUTION TO OPPOSE EFFORT TO DIMINISH LOCAL REAL PROPERTY TAXING AUTHORITY WHEREAS, in 1926, then Governor Byrd exchanged the Commonwealth's right to impose a real estate tax for the agreement of local government to give up the right to impose an income tax; and, WHEREAS, the real estate tax is a major source of local income, representing 38% of all locally derived revenues in Isle of .Wight County; and, WHEREAS, as a principal source of local income for local governments, localities rely heavily on this source of income to meet federal and state mandates for services, especially education and public safety; and, WHEREAS, two of the candidates in the 2005 election for Governor of the Commonwealth (former Attorney General Jerry Kilgore and Lt. Governor Tim Kaine) have stated as a high priority for their respective campaigns the elimination of the imposition of an assessment or other limitations on the residential component of the real estate tax, which would severely restrict 21 aoQK 23 ::.~3~? localities and would constitute a breach of trust from theagreement reached in 1926; and, 1 WHEREAS, the proposal from either candidate would weaken budget discipline, since support for services would not necessarily be linked to he responsibility to pay for them, and could potentially .force a greater dependence on taxation of the business sector to support local services, thereby harming economic development in the Commonwealth; and, WHEREAS, in 1997, in the campaign for Governor, then candidate James Gilmore used the repeal of the personal property tax on non-business use motor vehicles as the cornerstone of his campaign. and that is considered to be the reason he won the office; and, WHEREAS, the cost to the citizens was greatly underestimated, which has led the General Assembly to place a cap on the State's .commitment to make its payments to localities under this plan. LJ NOW, THEREFORE, BE IT AND IT IS HEREBY.RESOLVED that the .Board of Supervisors of the County of Isle of Wight, Virginia calls upon these two (2) gubernatorial candidates, and upon all candidates for state and federal office,. to refrain from establishing local tax policy at the state of federal level, due to potential negative impact such action may have on the ability of local government to deliver local services. BE IT FURTHER RESOLVED that should a candidate or legislator desire to impact tax policy as it relates to the real estate or other local tax the. candidate or legislative use as the tool to address such policy tax credits or deductions to state or federal income taxes in lieu of enacting limitations on local taxing authority. BE IT FURTHER RESOLVED that. it is imperative for local government to retain sole control over the decisions which determine equity of local taxation policy, if governing bodies are to effectively address-local service needs. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. 1 Chairman Bradshaw moved the Board adopt the proposed Legislative Statement for inclusion in the County's 2006 Legislative Priority List. The motion was adopted by a vote of (5-0)-with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Bradshaw moved the. Board modify its Legislative Priority. List to include an amended Position Statement with regard to Preservation 22 poeK 23.,:.:.:338 .and Purchase of Development Rights which reflects a change of "may" to "make." The motion was adopted by a vote_of (S-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright .voting in favor of the motion, and no Supervisors voting against the motion. With respect to he Tidewater Detention Center .Fost Dispositional Program for at-risk youth, Mr. Robertson recommended that the Board take no action at this time. The Board took no action. County Administrator Caskey presented a contract. extension with Financial Advisory Services for the Board's approval. a Supervisor Clark moved the Board authorize the Chairman to sign the attached contract extension with Public Financial Management. The motion was adopted by a vote, of (S-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Liesl R. DeVary, Director of Budget and Finance, .presented a Resolution Providing for the Issuance and Sale of General Obligation Refunding. Bonds, Series 2005, of Isle of Wight County, Virginia, in a Principal. Amount Not to Exceed $16,900,000 Providing for the Form, Details and Payment Thereof, and Providing for the Refunding of Certain General Obligation School Bonds and General Obligation Water and Sewer Bonds of the County for the Board's consideration. She noted. the County anticipates a savings that exceeds $500,000. Supervisor Clark moved the Board adopt the following Resolution, pending thereview of the County Attorney: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2005, OF ISLE OF WIGHT COUNTY, VIRGINIA, IN A PRINCIPAL AMOUNT NOT TO EXCEED $16,900,000, PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF, AND PROVIDING FOR THE REFUNDING OF CERTAIN GENERAL OBLIGATION SCHOOL BONDS AND GENERAL OBLIGATION WATER AND SEWER BONDS OF THE COUNTY WHEREAS, pursuant to Section 10(b) of Article VII of the Constitution of Virginia and Section 15.2-2639 (formerly Section 15.1- 227.40) of the Code of Virginia of 1950, as amended, 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; 23 8Yo11 F/V ~h':r~'J~ WHEREAS, on June 1, 1995, the County issued its $8,100,000 General Obligation School Bonds, Series of 1995 (the "1995 Bonds"); WHEREAS, on December 9, 1997, the County issued its $14,250,000 General Obligation Water and Sewer Bonds, Series of 1997A (the "1997A Bonds"); WHEREAS, on December 9, 1997, the County issued its $5,800,000 General Obligation School Bonds, Series of 1997B (the "1997B Bonds"); 1 WHEREAS, the County administration, in consultation with Public Financial. Management, the County's financial advisor (the "Financial Advisor"), has determined that the County can effect considerable savings by issuing general obligation refunding bonds to refund some or all of (a) the outstanding 1995 Bonds maturing on July 1, 2006 through 2008, in the aggregate principal amount of $1,450,000 (the "Refunded 1995 Bonds"), (b) the outstanding 1997A Bonds maturing on December 1, 2008 through 2022, in the .aggregate principal amount of $10,320,000 (the "Refunded 1 y97A Bonds"), and (c) the outstanding 1997B Bonds maturing on December 1, 2008 through 2017, in the aggregate principal amount of $3,450,000 (the "Refunded 1997B Bonds" and, together with the Refunded 1995 Bonds and the Refunded 1997A Bonds, the "Refunded Bonds"), and to pay the costs of advance refunding the Refunded Bonds and of issuing the refunding bonds; and WHEREAS, the County's administration and the Financial Advisor have .recommended to the Board that the County issue and sell a single issue of general obligation refunding bonds in the maximum aggregate principal amount of $16,900,000; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA: 1. Issuance of Bonds. 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 refunding bonds of the County in the maximum aggregate principal amount of $16,900,000 (the "Bonds") to (a) provide funds to refund the Refunded Bonds, including funds to pay principal of and premium and interest on the Refunded Bonds .when. due and (b) pay the costs incurred in connection with refunding the Refunded Bonds and issuing the Bonds. 1 2. Bond Details. The Bonds shall be designated "General Obligation Refunding Bonds, Series 2005," or such other. designation as shall be determined by the County Administrator, shall be in registered foam, shall be dated such date as determined by the. County Administrator, shall. be in denominations of $5,000 and integral multiples thereof, and shall be numbered R-1 upward. Subject to Section 8, the issuance and sale of the 24 gaoK 23 ~~:.:'340. .Bonds are authorized on terms as shall be satisfactory to the County .Administrator; provided, however, that (a) the Bonds shall have a "true" or "Canadian" interest cost not to exceed 6.000% (taking into account .any original issue discount ar premium), (b) the Bonds shall be sold to the purchaser at a price not less than 98% of the principal amount thereof (excluding any original issue discount), (c) the Bonds shall mature or be subject to mandatory sinking fund redemptions in annual installments beginning no later than December 31, 2005, and ending no later than December 3l, 2022, and (d) the refunding of the Refunded Bonds shall result in an aggregate net present value savings of not less than 3%. Principal of the Bonds shall be payable annually and interest on the Bonds shall be payable semiannually on dates determined by the County Administrator. 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 of twelve 30-day months, and payable semiannually on dates determined by the County Administrator, Principal 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 a date prior to each interest payment date that shall be determined by the County Administrator (the "Record Date"). Principal 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 heretofore 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. 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 delivered certificated Bonds to the beneficial owners or to the Securities Depository participants. on behalf of beneficial owners substantially in the form provided for 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 25 80~K ~~ :h ~~341 1 1 1 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 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. 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, if any, determined by the County Administrator, in whole or in part at any time, at a redemption price not to exceed 100% of the principal amount of Bonds to be redeemed, together with any interest accrued and unpaid to the redemption date. Any term bonds may be subjectto mandatory sinking fund redemption upon terms determined by the County Administrator. If less than all of the Bonds are called for redemption, the Bonds to be redeemed shall be selected by the County's chief financial officer in such manner as the chief financial officer 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 the 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 26 90~~ 23.,,~~34 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 ox 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, anew .Bond in principal amount equal to the unredeemed portion thereof will 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 Board, shall be countersigned by the manual or facsimile signature of the Clerk or Deputy Clerk of the Board and the Board's seal shall be affixed thereto or a facsimile thereof printed thereon; provided, however, that if both of such signatures are facsimiles, 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. form of Exhibit A attached hereto, with such. completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officers signing the Bonds., whose approval shall be evidenced conclusively by the execution and delivery of the Bonds. 6. .Pledge of Full Faith and Credit. The full. faith and credit of the County are irrevocably pledged for the. payment of 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.: SunTrust Bank, Richmond, Virginia, is appointed paying agent and registrar for the Bonds (the "Registrar"). The Registrar shall maintain registration. books for the registration and registration of transfers of Bonds,. Upon presentation and surrender of any Bonds at the corporate trust office of the Registrar, together with an assignment .duly executed by the registered owner or his duly authorized attorney or legal .representative in such form as shall be satisfactory to the Registrar, the County shall execute and the Registrar shall authenticate, if required by Section 4, and deliver in exchange, a new 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 names as requested by the. then registered owner. or his duly authorized attorney or legal representative.. Any such exchange shall be 27 1 90~r. 23 . ~: ~ ~~t~ 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, C~ J The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal, premium, if any,. and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as owner on the registration books on the Record Date. 8. Sale of Bonds. The Board approves the following terrrrs 'of the sale of the Bonds. The Bonds shall be sold by competitive bid in a .principal amount to be determined by the County Administrator, in collaboration with the Financial Advisor, and subject to the limitations set forth in paragraph 1, 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 for<h in paragraphs 2 and 3. Following the sale of the Bonds, the County Administrator shall file a certificate with the Clerk of the Board setting forth the final terms of the Bonds. The actions of the County Administrator in selling the Bonds shall be conclusive, and no further action with respect to the sale and issuance of the Bonds shall be .necessary on the part of the Board. 9. Notice of Sale. The County Administrator, in collaboration with the Financial Advisor, is authorized and directed to take all proper steps to have prepared and distributed, in accordance with standard practices of municipal securities, a notice of sale to advertise the Bonds for sale. Such notice of sale shall be in a form that is not inconsistent with the provisions of this Resolution and as the County Administrator may consider to be in the best interest of the County. 10. 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 with 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 28 so"~ 23 ,; ~~44 sold, for delivery to -each potential investor requesting a copy of the Official Statement and to each person to whom such purchaser 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 1 Sc2-12 ("Rule 15c2-12") 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 Rule 15c2-12. The distribution of the Preliminary Official Statement and the Official Statement in final 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 Rule 1 Sc2- 12. 12. Preparation and. Delivery of Bonds. After bids have been received and the Bonds have been awarded, the Chairman or Vice Chairman and the Clerk or Deputy Clerk of the Board are authorized and directed to take all proper steps to have the Bonds prepared and executed in accordance with their terms and to deliver the Bonds to the purchaser thereof upon payment therefor. 13. Escrow Deposit Agreement. The County Administrator is authorized and directed to execute an escrow deposit agreement .(the "Escrow Agreement") between the County and an escrow agent to be appointed by the County Administrator (the "Escrow Agent"). The Escrow Agreement shall be in .such final form as approved by the County Administrator, in collaboration with the County Attorney and the County's .bond counsel, the execution thereof by the County Administrator to constitute conclusive evidence of his approval of the Escrow Agreement. The Escrow Agreement shall provide for the irrevocable deposit of a portion of the Bond proceeds in an escrow fund which shall be sufficient, when invested in noncallable, direct obligations of the United States' Government (the "Government Obligations"), to provide for payment of principal of and premium, if any, and interest on the Refunded Bonds; provided, however, that such Bond proceeds shall be. invested in such manner that none of the Bonds. will be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations issued pursuant thereto. (the "Code"). The Escrow Agent is authorized and directed if requested by the County Administrator to execute the final subscription form for the purchase of the Government Obligations. 14. Deposit of Bond Proceeds. Either the County Treasurer or the Director of Budget and Finance is authorized and directed (a) to provide for the delivery of the refunding portion of the Bond proceeds to the Escrow Agent for deposit in the escrow fund established by the Escrow Agreement, in an amount that will. be sufficient, together with the interest thereon when C 29 800N 2J ,, ' ~~,1 1 1 1 invested as provided in the Escrow .Agreement, (i) to pay when due the interest on the Refunded Bonds to the first date on which they may be redeemed at the option of the County and (ii) to pay upon the earlier of maturity or redemption the principal of the Refunded Bonds, plus any interest accrued and unpaid to such redemption date, plus the applicable redemption premium, and (b) to provide for the deposit of the remaining proceeds of the Bonds in a special account to be used to pay the costs of refunding the Refunded Bonds and issuing' the Bonds. Either the County Treasurer or the Director of Budget and Finance is further authorized and directed to take all such further action as may be necessary or desirable in connection with the payment and refunding of the Refunded Bonds. 15. Redemption of Refunded Bonds. The County Administrator is authorized and directed to determine which, if any, 1995 Bonds, 1997A Bonds and 1997B Bonds shall constitute the Refunded Bonds. The refunded maturities of the 1995 Bonds, if any, are specifically and irrevocably called for redemption on the earliest practical redemption date after giving effect to the requisite notice requirements. The refunded maturities of the 1997A Bonds and the 1997B Bonds, if any, are specifically and irrevocably called for redemption on December 1, 2007. The Escrow Agreement shall provide. for notice of redemption to be given in accordance with the .resolutions providing for the issuance of the Refunded Bonds to the registered owners of the Refunded Bonds. 16. Arbitrage Covenants. (a) The County represents that there have not been issued, and covenants that there will not be issued, any obligations that will be treated as part of the same issue of obligations as the Bonds within the meaning of Treasury Regulations Section 1.150-1(c). (b) .The County covenants that it shall not ..take or omit to take any action the taking or omission of which will cause the Bonds to be "arbitrage 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 which 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 grass income of the registered owners thereof under existing law. The County shall pay any such required rebate from its legally available funds. 17. Non-Arbitrage Certificate and Elections. Such officers of the County as may be 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 30 9QQK ~ .z~,~~4~ any elections such officers deem desirable regarding rebate of earnings to the United States for purposes of complying with Section 148 of the Code. Such certificate and elections shall be in such form as may be requested by bond counsel for the County. 18. Limitation on Private Use. The County covenants that it shall not permit the proceeds of the Bonds or the facilities financed or refinanced-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 refinanced 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 refinanced 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 14 i (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. 19. Continuing Disclosure Agreement. The Chairman or Vice Chairman of the Board and the County Administrator and such officer or officers of the .County as either may designate are hereby authorized and directed to execute a continuing disclosure agreement (the "Continuing Disclosure Agreement") setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary to assist the purchasers of the. Bonds in complying with the provisions of the Rule promulgated by the SEC. The Continuing Disclosure Agreement shall be substantially in the form of the draft, which has been provided to .members of the Board, with such completions, omissions, insertions and. changes .that are not inconsistent with this Resolution. 20. Other Actions. All other actions of officers. of the -County in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale. of the Bonds are approved and confirmed. The officers of the County are authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may. be considered necessary or desirable in connection with. the issuance, sale and delivery of the Bonds. 21. Repeal of Conflicting Resolutions.. All resolutions or parts of resolutions in conflict herewith are repealed. 22. Effective Date. This Resolution shall take effect immediately. 31 90~N 23 ~ ~~ The motion was adopted by a vote of (5-0) with. Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. 1 County Administrator Caskey presented a request from the Treasurer for a position within her office. Judy A. Wells, Treasurer, explained that she has run into problems with seasonal employees running the cash drawer system, and if the two (2) part- time positions were combined into one (1) position, this would eliminate the need to retrain employees on the computers. She stated this person could also help out in the office year round. ' Chairman Bradshaw requested .the Treasurer to bring information concerning the work activity in her Department to the Board for its review. County Administrator Caskey presented a ,request for free office space at the Courthouse Complex from the Public Defender's Office, and that he would be showing him available office space at the Public Works compound to see if it is suitable for his use. Chairman Bradshaw requested the County Administrator provide the Board with a recommendation of available office space at the Courthouse Complex. County Administrator Caskey requested that the Board give consideration to appointing the Board of Assessors for the 2006 Assessment. 1 .Chairman Bradshaw moved the Board appoint James "Buddy" Jones to represent the Carrsville District on the Board of Assessors. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting- against the motion. Supervisor Bradby moved the .Board appoint Brandon White to represent the Hardy District on the Board of Assessors. The motion. was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for Appointments. Supervisor MacManus moved the Board accept the resignations of Robert Wiatt .and Art La Bonte on the Boykin's Tavern Advisory Committee. The motion was adopted by a vote of (5-0) with Supervisors 1 32 ~_ MacManus, Bradby, Bradshaw, Clark and Wright voting in .favor of the motion, and no Supervisors voting against the motion. Supervisor MacManus moved the Board appoint Edwin Little and Debbie Sivertson, as recommended, to the Boykin's Tavern Advisory Committee. The motion was adopted by a vote of (5-Q) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Bradshaw moved the Board .accept the resignation of Shirley S. Camp from the Boykin's Tavern Advisory Committee. -The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting .against the motion. Supervisor MacManus moved the Board recommend Ron Spivey to the Circuit Court, Judge for appointment to the Board of Zoning Appeals. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor MacManus moved the Board appoint Kristen Wilda to serve on the .Social Services Board. The motion was adopted by a vote of (5-0) with Supervisors MacManus, .Bradby, .Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor MacManus moved the Board appoint Giovanni Albino and Angela Powell, as recommended, to serve on the Youth Services Advisory Board. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark .and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Bradshaw requested Mr. Robertson and. Ms. Sivertson to make a recommendation .for an individual to serve on the Boykin's Tavern Advisory Committee representing the Carrsville District. Chairman Bradshaw moved the Board appoint the following individuals to serve on the Carrsville Revitalization Committee: . Ruby Rumble/Camptown Thelma White/Camptown Carl Harmon/Carrsville Ruritans Hilda Harmon/Carrsville Ruritans J.C. Jenkins/Planning Commission W.M.. Camp/former BOS & IDA member, Businessman Chris Carr/Carrsville Fire Department Devin Butler/Carrsville Fire Department Lisa Parker LittlefCarrsville PTA 33 l Anita Hasty/Carrsville, business Susan KeeterBusiness owner Sandra Hawkins/Business owner Norman Holloway/Carrsville Glenn Gaskins/Carrsville Nunzio Misseri/Business owner Jimmy Gray/Franklin Airport Manager Desmond Stills/IP Gene Crabtree/USFDA Ben Rideout/Business owner Roger Boone/Carrsville The motion .was adopted by a vote of (5-0) .with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the. motion. Supervisor Wright moved the Board reappoint Ernestine Turner to serve on the Commission on Aging. The motion was adopted by a vote of (5- 0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. fl Supervisor Wright moved the Board appoint Hannah W. Holland to serve on the Tourism Relations Committee. The motion was adopted by a vote of (S-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Bradshaw moved the Board reappoint Elaine Butler to serve on the Board of Building Appeals. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for Old Business. The application of VA Timberline, LLC fora Conditional Use Permit to install a central sewer collection and treatment system, using 50,000 gallons per day (GPD), to serve Lawnes Pointe Subdivision located in the Hardy Election District. 1 Mr. Hartley advised that staff has met with the applicant who has agreed. to the conditions contained. in the staff report. Supervisor Clark noted that all the major concerns have now been addressed. 34 so~K 23 t;: '?5U Supervisor .Clark moved the Board approve-the. application of VA Timberline, LLC, as conditioned. The motion was adopted by a vote of (5-0) , with Supervisors MacManus, Bradby, Bradshaw, Clark and. Wright voting in favor of the motion, and nb Supervisors voting against the motion.. Mr. Hartley presented the proposed revised Zoning Ordinance and Zoning Maps amendments for the Board's. consideration. Supervisor Clark moved the Board .adopt the ~ Revised .Zoning Ordinance text, as amended by the Errata Sheet of November 23, 2004 and Errata Sheet #2, revised- June 29, 2005, and adopt the Amendments to the Zoning .Maps,. both to be effective as of August 30, 2005. Staff is to ensure that hard copies are provided to the .various local libraries, and three (3) copies are to be provided to the Towns of Smithfield and Windsor. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors .voting against the motion. James O'Briant, Chairman, Planning Commission, thanked the Board for its support, .and acknowledged that credit is due staff. Mr. Robertson reported that on June 30, 2005, t e Real Smithfield Jaycees' lease of the old agricultural- building will nd. He stated a substantial amount of repair to the building is necessary, as well as removal of solvents, paints, and other items that need to be prope ly disposed of, and which has accumulated over the last fifteen (15) to eigh een (18) years that the Real Smithfield Jaycees have rented the building fro the County. He stated staff will be meeting with the County Attorney reg rding the items left in the building by the Real Smithfield Jaycees, but in the meantime, staff would -like to proceed with repairs to the building and recommends that it be used as a storage area for the Public Works Department. County Administrator Caskey relayed a request to the Board from the VFW that they wished to utilize the building. Supervisor Clark stated that the Real Smithfield Jaycees have taken advantage of the County by leaving thousands of dollars worth of disposable solvents that the County will have to dispose of at taxpayer's expense. County Attorney Stroman offered to speak with the Director of Public Works regarding liability issues with respect to the removal of the paints and solvents left in the building by the Jaycees. Chairman Bradshaw moved the Board authorize staff to proceed with rehabilitation of the Old Agriculture Building and designate the building as a storage/workshop area for the Public Works Department, as recommended by staff. The motion was adopted by a vote of (5-0) with Supervisors 1 1 1 35 MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Wright commented on -the success of the two (2) farmers markets in the Towns of Smithfield and Windsor. // Chairman Bradshaw called for New Business. Chairman Bradshaw called for discussion relative to the Isle of Wjght Historical Society's recommendation for Boykin's Tavern visitor signs. Supervisor MacManus moved the Board direct staff to develop a cost estimate to determine what the County needs to do to proceed with getting the signs in place. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Bradshaw moved .the Board direct staff to proceed .with securing costs for a cannon at the Courthouse, as recommended by the Isle of Wight Historical Society. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. The Board took no action relative to the recommendation of the. Isle of Wight Historical Society for the Fort .Huger marker and its location. The Board concurred to delay action until it receives a recommendation from staff on a proposed name for the new County park. Supervisor MacManus reported that the Smithfield Town Council had elected Mickey Stallings as the new Chief of the Smithfield Volunteer Fire Department. Supervisor MacManus reported that proffers were received in the amount of $14,329 for the homes in Mallory Pointe. Chairman .Bradshaw noted aconflict-with his calendar and requested that the Board change its regular meeting scheduled for. August 18, 2005 to August 24, 2005. u Chairman Bradshaw moved that the Board change its meeting scheduled for Thursday,. August 18, 2005 to Wednesday, August 24, .2005 at 6:00 p.m. with public hearings scheduled for 7:00 p.m. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. 36 Chairman Bradshaw moved to formulate the creation of the Zuni Village Revitalization Committee. The motion was adopted by a vote of (5-0) with Supervisors MacMa~ius, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Bradshaw recalled that the Director of Social Services had informed the Board that his Department would receive emergency funding in the amount. of $15,000 from the state.. He stated Mr.. Catron's original request was to increase that amount to $30,000; however,. the Board only allocated $15,000, and he is recommending that the Board increase the Social Services' budget to increase the emergency funding in the current year's budget. Chairman Bradshaw moved the Board direct staff to prepare a resolution to make a change to ..the Social Services' budget for emergency services funding to increase from $15,000 to $30,000 in the current budget.. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // County Attorney Stroman requested a :closed meeting pursuant to Section 2.2-3711.A.7 of the Code of Virginia to receive legal advice concerning the acquisition of private property for public use, as well as the investment of public funds; under Section 2.2-3711.A.7 to receive legal advice regarding the settlement of a personnel dispute; under Section 2.2- 3711.A.1 to .receive information from staff concerning a personnel matter relating to the salaries of County employees; under Section 2.2-3711.A.7 to receive legal advice concerning the County's contract to purchase water with the Town. of Smithfield; under Section 2.2-3711.A.7 to receive legal advice regarding the payment of non-cash proffers by the Towels; and, under Section 2.2-3711.A.1 relating to a personnel matter pertaining a potential salary supplement for a County officer. Supervisor. Wright moved the Board enter the closed meeting for the reasons stated. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Wright moved the Board return to open session. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisorsvoting against the motion. Supervisor Wright moved the Board adopt the following Resolution: 37 onnN 23 `~53 CERTIFICATION OF CLOSED MEETING 1 WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a .certification by this Board. of Supervisors. that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully .exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: MacManus, Bradby, Bradshaw, Clark and Wright. NAYS: 0 1 ABSENT DURING. VOTE: 0 ABSENT DURING MEETING: 0 Chairman Bradshaw moved the Board accept the recommendation of the Board of Equalization for the compensation for the Registrar, effective July 1, 2005 at 6%. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Clark recalled that the Board had requested staff to include a report either in the Consent Agenda or somewhere in the agenda package relative to family member transfers. Mr. Hartley replied that staff is currently working on compiling a report for the Board. 38 ~a~r ?3 w -`3~~ Supervisor Bradby moved the Board adjourn its meeting at 10:07 p.m. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of-the motion, and no .Supervisors voting against the motion. fillip A. Bradshaw, Chairman W. Dougl s Ca ey, C erk ~