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04-16-2009 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SIXTEENTH DAY OF APRIL IN THE YEAR TWO THOUSAND AND NINE PRESENT: James B. Brown, Jr., Chairman Phillip A. Bradshaw, Vice - Chairman Al Casteen Stan D. Clark Thomas J. Wright, III Also Attending: // A. Paul Burton, Interim County Attorney W. Douglas Caskey, County Administrator Patrick J. Small, Assistant County Administrator Carey Mills Storm, Clerk Chairman Brown called the meeting to order at 6:00 p.m. Supervisor Wright delivered the invocation. The Pledge of Allegiance was conducted. Chairman Brown called for Approval of the Agenda. Interim County Attorney Burton offered the following amendments to the agenda: Add an Item 2, Special Presentations; under Special Presentations, add Lonnie Johnson from the Virginia Extension Office; under Special Presentations, add Luter Family YMCA, Chad Baker; under the County Attorney's Report, add authorization to advertise a public hearing for Virginia Resources Authority's debt restructuring to be held on May 7, 2009; under the County Attorney's Report, add consideration of a letter to the Town of Windsor concerning a proposed Memorandum of Understanding pertaining to cash proffers; under the County Attorney's Report, add two closed meeting items; under the County Administrator's Report, add meeting dates with Congressman Forbes; and, under the County Administrator's Report, add a letter to Congressman Forbes with regard to the Jamestown - Scotland Ferry. Supervisor Wright moved that the Board approve the agenda, as amended. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. /i Chairman Brown called for Special Presentations /Appearances. Lonnie Johnson from the Virginia Extension Office (VEO) requested that the Virginia Extension Office (VEO) be allowed to utilize the County's proposed $46,842 to hire an Agriculture and National Resources Agent and that the County pay 100% of the salary and fringe benefits of that position until VEO can either support that position with traditional State funding or the County decides to no longer fund the position. Supervisor Bradshaw moved that the Virginia Extension Office's request be further discussed later in the meeting under the County Administrator's report during the discussion on the budget. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chad Baker, Luter Family YMCA, requested that the County increase its funding to $75,000 annually beginning in 2012 for ten (10) years when the County's funding contribution of $25,000 is completed in 2011. He advised that membership in the YMCA has increased from 3,100 in 2005 to 5,000 in 2009, creating a need for expansion of the facility and parking lot. Supervisor Clark moved that the funding request be referred to the Budget and Finance Committee for consideration during the FY2012 budget process. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown called for Regional Reports. Supervisor Clark reported that the Hampton Roads Metropolitan Planning Organization (HRMPO) adopted its bylaws adding one (1) Senator and one (1) Delegate from the southside and one (1) Senator and one (1) Delegate from the Peninsula. Regarding the Hampton Roads Military Federal Facilities Alliance (HRMFFA), Chairman Brown clarified for the record that while he supports the concept of an Outlying Landing Field, when new concepts are introduced into new communities, respect needs to be shown to the individuals already living there and their feelings on the issue should be sought out. Regarding the Hampton Roads Planning District Commission (HRPDC), County Administrator Caskey, who attended the meeting on 2 Supervisor Clark's behalf, reported that only routine business matters were discussed. Regarding the Joint Tourism Committee, Supervisor Casteen reported that the Tourism Department's budget was reviewed at the meeting. Regarding the Southeastern Public Service Authority (SPSA), Supervisor Clark reported that a debt restructuring agreement was adopted unanimously by the SPSA Board which was prepared by the Chief Executive Officers. Interim County Attorney Burton reported that the Virginia Resources Authority Board has also passed the debt restructuring agreement and he will be requesting authorization to advertise a restructuring resolution for public hearing later under the County Attorney's report. Regarding the Southside Mayors and Chairs, Chairman Brown reported that he was appointed to a three (3) member committee charged with studying a faster rail service from Washington to the City of Norfolk which will travel through the County and the Cities of Chesapeake and Suffolk. Regarding the Western Tidewater Regional Jail Authority (WTRJA), Chairman Brown advised that Michael Vick had been an inmate and had been reported to be a model prisoner. Supervisor Wright advised that the Jail had incurred additional expenses related to Mr. Vick's stay. He further advised that bunk beds are being installed in order to increase the capacity of the Jail and that work release and house monitoring efforts are also being considered. Regarding the Windsor Intergovernmental Relations Committee, Supervisor Bradshaw reported that he and Supervisor Wright had updated the Committee responsive to its questions. /I Chairman Brown called for Transportation Matters. Responsive to Supervisor Clark, Sheriff Phelps advised that a traffic officer has been assigned to the intersection near Battery Park and the Gatling Pointe Subdivision responsive to a citizen's concern. He further advised that special attention is being given to the areas of Carrollton Boulevard and the James River Bridge with respect to speed. Responsive to Chairman Brown, Sheriff Phelps advised that he has referred all concerns regarding the inability to utilize the pedestrian crossing at the Eagle Harbor intersection to VDOT for its consideration of a walk light. 3 Ed Easter requested that Board take action to have 773 feet along Hideaway Lane and 370 feet at the turn around area on Hideaway Lane condemned as it has never been deeded over to the County. Supervisor Clark moved that the matter be referred to the County Attorney's office and that the Interim County Attorney be directed to research whether condemnation/imminent domain is the proper procedure to follow with respect to the 773 feet that has never been deeded over to the County and the 370 feet at the turn around area on Hideaway Lane. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw requested that Edwin P. Wrightson, Director of General Services, take appropriate action to schedule a dedication ceremony for the Blackwater/Route 58 Bridge being named after Senator Holland and Delegate Councill. Chairman Brown called for Citizens Comments. Stephie Broadwater, Board of Directors, Western Tidewater Free Clinic, requested operational funding for the Clinic in the County's upcoming fiscal year budget. Elliott Cohen, owner of ten (10) lots on Route 17, informed the Board that in 2005 he had received approval for a red brick monument sign that would list the names of each individual tenant in the Carrollton Cove Shopping Center; however, in 2006, the sign provision in the County's ordinance was changed and he had been notified by staff that if he did not have a signed building permit that he would no longer be allowed to put the names of the individual tenants on the sign. He commented that he believes that this matter has been handled poorly by staff. Mr. Cohen stated with respect to his request to withdraw his application under Old Business, he apologized to the Board for appearing to be unprepared at the Board's last meeting, noting that he was under the impression that all but the weakness dealing with connectivity had been addressed. He advised that he was not aware of the letter submitted by the Engineering Department listing additional weaknesses, in addition to the two (2) letters submitted by citizens concerning certain weaknesses. Albert Burckhart addressed the Board regarding the potential of the Cold War Museum being relocated from Fairfax County to Isle of Wight County. 4 Supervisor Clark moved that County Administrator Caskey take whatever action he deems necessary and that this request be prioritized as determined by him. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Katherine Rector, Independence Center, stressed the importance of available resources for disabled individuals. She noted that it is that organization's goal to open an additional facility in Hampton Roads in order to serve the citizens of the County and the Cities of Franklin and Suffolk. /1 Supervisor Bradshaw moved that Supervisor Clark meet with Ms. Walkup and Mr. Cohen regarding his comments under Citizens Comments and that Supervisor Clark report back to the Board at its May 7, 2009 meeting regarding what has been accomplished. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion // At 7:00 p.m., Supervisor Wright moved that the agenda be amended in order to conduct the public hearings. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion Chairman Brown called for Board comments. Chairman Brown called for a public hearing on the following: Lease of Public Property for Agricultural Purposes with the Jones Farm, Inc. Interim County Attorney Burton certified that the lease had been properly advertised in the newspaper. Chairman Brown called for persons to speak in favor of or in opposition to the proposed lease of property. No one appeared and spoke. Chairman Brown closed the public hearing and called for comments from the Board. 5 Supervisor Wright moved that the Chairman be authorized to execute the lease with Jones Farm, Inc. at $40 per acre for the year on behalf of the Board. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown called for a public hearing on the following: Ordinance to Amend and Reenact Chapter 11, Motor Vehicles and Traffic, Article II, Motor Vehicles, Section 11 -6, Amount of Tax - Generally Interim County Attorney Burton certified that the Ordinance had been properly advertised. Chairman Brown called for persons to speak in favor of or in opposition to the proposed Ordinance. Chairman Brown closed the public hearing and called for comments from the Board. No one appeared and spoke. Supervisor Clark moved that the following Ordinance be adopted: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 11. MOTOR VEHICLES AND TRAFFIC. ARTICLE II. MOTOR VEHICLES. SECTION 11 -6. AMOUNT OF TAX - GENERALLY. WHEREAS, the Isle of Wight County Board of Supervisors and citizens of Isle of Wight County appreciate the hard work and dedication shown by our volunteer fire and rescue squad members; and WHEREAS, the Isle of Wight County Board of Supervisors believes it appropriate to grant these volunteers an exception to the licensing tax required for motor vehicles in Isle of Wight County. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 11. Motor Vehicles and Traffic. Article II. Motor Vehicles. Section 11 -6. Amount of Tax - Generally be amended and reenacted as follows: Sec. 11 -6. Amount of tax -- Generally. 6 A license tax of eighteen dollars for each license tax year, as hereinafter provided for, is hereby imposed on each and every motorcycle, motor scooter, motorbike or other motor vehicle of like design or similar thereto to which this article is applicable, and a license tax of twenty dollars for each license tax year, as hereinafter provided for, is hereby imposed on each and every other kind and type of motor vehicle to which this article is applicable. A license tax of ten dollars for each license year, as hereinafter provided for, is hereby imposed on the following: each National Guard license plate with "NG" and each farm truck license plate with an "F ". Vehicles with "Farm Use license plates are not subject to a license fee. Local licenses may be issued free of charge for any and all of the following: In the case of active members of volunteer rescue squads, volunteer fire departments and auxiliary police officers, applications for such licenses shall be accompanied by written evidence, in a form acceptable to the Isle of Wight County Treasurer, of their active membership, and no member shall be issued more than one such license free of charge. (1 -4 -68, § 3; 1 -2 -75, § 1; 10 -6 -77; 9- 21 -89; 8- 16 -90, § 3; 12 -3 -92; 9- 21 -06; 4- 19 -07; 9- 20 -07; 4 -16- 09.) The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 1/ (i) Vehicles owned by volunteer rescue squads; (ii) Vehicles owned by volunteer fire departments; (iii) Vehicles owned by active members of volunteer rescue squads; (iv) Vehicles owned by active members of volunteer fire departments; (v) Vehicles owned by auxiliary police officers; (vi) Vehicles owned by disabled veterans; (vii) Vehicles owned by former prisoners of war; (viii) Vehicles owned or leased by deputy sheriffs; (ix) Vehicles owned or leased by police officers; (x) Vehicles owned or leased by officers of the state police; (xi) Vehicles owned or leased by salaried firefighters; (xii) Vehicles owned or leased by salaried emergency medical technicians; and (xiii) Vehicles owned by former members of volunteer rescue squads or former members of volunteer fire departments who have served at least 10 years in Isle of Wight County. For state law as to authority of the County to grant exceptions to motor vehicle license taxes, see Code of Va., § 46.2 -752. 7 Supervisor Bradshaw moved that the Board return to the regular order of the agenda. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion 1/ Chairman Brown called for the County Attorney's report. Interim County Attorney Burton presented a renewal contract for professional services with Commonwealth Architects, noting that he recommended as to form. Supervisor Clark moved that the County Administrator be authorized to execute the renewal contract between the County and Commonwealth Architects for professional services. The motion was adopted by a vote of (5- 0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton presented a tax exemption request from Covenant Place, Inc. which he recommends that a public hearing be set for the Board's May 21, 2009 meeting. Supervisor Clark moved that the County Attorney's office be authorized to advertise the matter for public hearing at the Board's May 21, 2009 meeting and that the Commissioner of the Revenue be requested to be in attendance to advise the Board on the potential for the setting of a precedent if the exemption is approved, as well as any other matters that should be brought to the Board's attention as a result of the granting of the exemption. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton presented an agreement for professional services between the County and Moffatt & Nichol which is related to the intermodal park and which he has reviewed and found to be in proper form. He recommended that the Chairman be authorized to execute the contract renewal and the amendment on behalf of the County. Supervisor Bradshaw moved that the Chairman be authorized to execute the Agreement and Amendment on behalf of the Board. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton presented a proposed letter for the Chairman's signature to the Town of Windsor concerning a proposed Memorandum of Understanding (MOU) between the County and the Town 8 of Windsor regarding cash proffers which formalizes the proffers that were agreed upon three (3) years ago, but for some unknown reason were never legally formalized. Supervisor Clark moved that the Chairman be authorized to send a letter to the Town of Windsor concerning a proposed Memorandum of Understanding pertaining to cash proffers. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton requested the Board's authorization to set a public hearing at the Board's May 7, 2009 meeting to consider a resolution to restructure the Southeastern Public Service debt by the Virginia Resources Authority. Supervisor Clark moved that the County Attorney's office be authorized to advertise a public hearing on the Virginia Resources Authority's restructuring at the Board's meeting of May 7, 2009. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton advised that he had four (4) matters to discuss with the Board later during the closed meeting. /1 Chairman Brown called for the Economic Development report. Lisa T. Perry, Director of Economic Development briefed the Board on the status of the Economic Impact Study responsive to the ongoing downsizing of some of the County's larger industries such as International Paper and Smithfield Foods. She advised that staff has made contact with the Weldon Cooper Center and the Virginia Economic Development Partnership in order to utilize their INPLAN software. She advised that upon completion of the studies, they will be distributed to the Board. Ms. Perry provided an update on the County's relationship with small businesses responsive to comments in The Smithfield Times which indicated that there is a prevailing feeling in the community that the County is not small business friendly. She advised that she has been working in conjunction with the Department of Planning and Zoning and the Planning Commission to institute certain changes to the County's current landscape zoning requirements relevant to smaller businesses which will make a positive impact and remedy much of the concerns voiced by smaller businesses in the County. 9 Beverly H. Walkup, Director of Planning and Zoning, recalled that the Board had earlier this year created a Development Review Committee of the Planning Commission that is charged with reviewing preliminary site plans. She advised that prior to the Committee's creation, site plans went through the Planning Commission and the Board of Supervisors, which resulted in a 60 -90 day legislative process. She advised that the review of commercial, industrial or major site plans consisting of 10,000 square feet or greater is now being handled by the Development Review Committee, as well as items which require a waiver and unresolved issues that the Director of Planning and Zoning may not be able to resolve. She advised that staff will be offering revisions to the Planning Commission this month with respect to landscaping standards, which are currently stringent and costly. She advised with respect to architectural and site design standards, the waiver process is an aid in reducing the cost and minimizing the extent of those requirements. Supervisor Wright advised that he has received positive comments on the detailed landscaping at the SAFCO facility, which offers the appearance of a park area. Supervisor Clark commented that being business friendly can also mean the Mercury Boulevards, Jefferson Avenues and Route 17's in York or Gloucester Counties. He stated that the landscaping at the new businesses which have located in the County looks very good and will only enhance business and attract others to the area. He noted the need for some standards for an area to look good. Supervisor Bradshaw requested that staff advise him which businesses have approached the Economic Development Director and what their problems and concerns were with doing business in the County. He suggested the establishment of a Small Business Development Committee, to include the Chamber of Commerce, Tourism and individuals in the farming community to advocate and work with small businesses in the County. /1 Chairman Brown called for the County Administrator's report. Jimmy Sanders, Davenport & Company, responsive to the solicitation of RFPs to refinance some of the County's existing debt, recommended that the Board award the bid to Carter Bank at 3.5% which can be prepaid at any time upon any notice. Supervisor Bradshaw moved that the Board adopt the following Resolution: RESOLUTION PROVIDING FOR THE ISSUANCE, SALE AND AWARD OF A GENERAL OBLIGATION REFUNDING BOND, 10 SERIES 2009, OF ISLE OF WIGHT COUNTY, VIRGINIA, IN A PRINCIPAL AMOUNT NOT TO EXCEED $3,500,000, PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF, AND PROVIDING FOR THE REFUNDING OF CERTAIN GENERAL OBLIGATION REFUNDING BONDS, 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; WHEREAS, on December 12, 1996, the County issued its $7,860,000 General Obligation Refunding Bonds, Series of 1996 (the "1996 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 "); WHEREAS, the Board has determined to issue a general obligation refunding bond to defease or refund a portion of (a) the outstanding 1996 Bonds maturing on September 1 in the years 2009 and 2010 in the aggregate principal amount of $2,345,000 (the "Refunded 1996 Bonds "), (b) the outstanding 1997A Bonds maturing on December 1 in the year 2009 in the aggregate principal amount of $515,000 (the "Refunded 1997A Bonds "), and (c) the outstanding 1997B Bonds maturing on December 1 in the year 2009 in the aggregate principal amount of $295,000 (the "Refunded 1997B Bonds" and, together with the Refunded 1996 Bonds and the Refunded 1997A Bonds, the "Refunded Bonds "); WHEREAS, the Board acknowledges that the refunding of the Refunded Bonds will not result in debt service savings for the County, but the Board nevertheless desires to refund such maturities in order to restructure their repayment schedules and to improve the County's anticipated budgetary and cash flow requirements; WHEREAS, the County's administration, in collaboration with Davenport & Company LLC, acting as the County's financial advisor (the "Financial Advisor "), has recommended to the Board that the County issue and sell a general obligation refunding bond to (a) defease or refund the Refunded Bonds and (b) pay costs incurred in defeasing or refunding the Refunded Bonds and in issuing such bonds; 11 WHEREAS, it has been recommended to the Board by a representative of the Financial Advisor that the County issue and sell such bond through a private placement with a qualified banking or financial institution; WHEREAS, the Financial Advisor, on behalf of the County, solicited bids for the purchase of such bond and four bids were received; and WHEREAS, it appears that Carter Bank & Trust, Martinsville, Virginia (the "Bank ") offers to purchase such bond at the lowest interest cost and upon the most favorable terms to the County; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA: 1. Issuance and Sale. There shall be issued and sold, pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the Public Finance Act of 1991, a general obligation refunding bond of the County in the maximum aggregate principal amount of $3,500,000 (the "Bond ") to (a) provide funds to refund the Refunded Bonds, including funds to pay principal of and premium, if any, and interest on the Refunded Bonds until the earlier of their maturity or redemption and (b) pay the costs incurred in connection with refunding the Refunded Bonds and issuing the Bond. Such bond shall be issued and sold to the Bank in accordance with the terms of its bid and this Resolution. 2. Bond Details. The Bond shall be in the form of a single, typewritten bond, designated "General Obligation Refunding Bond, Series 2009," shall be in registered form, shall be in the principal amount not to exceed $3,500,000, shall be dated the date of its delivery and shall be numbered R -1. The Bond shall be sold to the Bank with final terms that the County Administrator, in collaboration with the Financial Advisor, determines to be in the best interest of the County; provided, however, that the Bond shall (a) bear interest at an initial interest rate not to exceed 4.25 %; calculated on the basis of a 360 -day year of twelve 30 -day months, (b) be sold to the Bank at a price not less than 100% of the principal amount thereof (excluding any original issue discount), and (c) mature not later than December 31, 2019. Interest on the Bond shall be payable semiannually on dates determined by the County Administrator to be in the best interest of the County. Principal on the Bond shall be payable in installments in amounts and on dates determined by the County Administrator to be in the best interest of the County. The County Administrator shall execute a certificate setting forth such final pricing terms and shall file such certificate with the records of the Board. The actions of the County Administrator in selling the Bond shall be conclusive, and no further action with respect to the sale and issuance of the Bond shall be necessary on the part of the Board. If the date on which any payment is due with respect to the Bond is not a Business Day (as hereinafter defined), the payment shall be made on the next succeeding Business Day. "Business Day" shall mean a day on which banking business is transacted, but not including a Saturday, Sunday or legal 12 holiday, or any other day on which banking institutions are authorized by law to close in the Commonwealth of Virginia. Principal and interest shall be payable by the Registrar (as hereinafter defined) by check or draft mailed to the registered owner at the address as it appears on the registration books kept by the Registrar on the last Business Day of the month preceding each interest payment date (the "Record Date "); provided, however, that at the request of the registered owner of the Bond, payment will be made by wire transfer pursuant to the most recent wire instructions received by the Registrar from such registered owner. Principal and interest shall be payable in lawful money of the United States of America. 3. Prepayment Provisions. The Bond may be prepaid prior to maturity at the option of the County in whole or in part at a prepayment price not to exceed 1 02% of the principal amount of the Bond to be prepaid, together with any interest accrued to the prepayment date, and upon such other terms as the County Administrator determines to be in the best interest of the County. 4. Execution and Authentication The Bond 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, the Bond shall not be valid until it has been authenticated by the manual signature of an authorized officer or employee of the Registrar or, if a bank has been appointed registrar pursuant to Section 7, an authorized officer or employee of such bank, and the date of authentication noted thereon. S. Bond Form. The Bond 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 Bond, whose approval shall be evidenced conclusively by the execution and delivery of the Bond. 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 Bond. Unless other funds are lawfully available and appropriated for timely payment of the Bond, 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 Bond. 7. Registration, Transfer and Owners of Bonds. U.S. Bank National Association, is appointed paying agent and registrar for the Bond (the "Registrar "). The Registrar shall maintain registration books for the registration and registration of transfers of Bond. Upon presentation and 13 surrender of the Bond 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 at the expense of the County, except that the Registrar may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as owner on the registration books on the Record Date. 8. Preparation and Delivery of the Bond. 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 Bond prepared and executed in accordance with its terms and to deliver the Bond to the Bank upon payment therefor. 9. Escrow Deposit Agreement. In the event the County Administrator determines that it is in the County's best interest, 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 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 Bond will not be an "arbitrage bond" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations issued pursuant thereto (the "Code "). 10. 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 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 14 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 Bond in a special account to be used to pay the costs of refunding the Refunded Bonds and issuing the Bond. 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. 11. Redemption of Refunded Bonds. The County Administrator is authorized and directed to determine which, if any, 1996 Bonds, 1997A Bonds and 1997B Bonds shall constitute the Refunded Bonds. The refunded maturities of the 1996 Bonds, the 1997A Bonds and the 1997B 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 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. 12. 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 Bond 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 Bond to be an "arbitrage bond" within the meaning of Section 148 of the Code, or otherwise cause interest on the Bond to be includable in the gross income of the registered owner 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 Bond, unless the County receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest on the Bond from being includable in the gross income of the registered owner thereof under existing law. The County shall pay any such required rebate from its legally available funds. 13. 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 Bond in order to show that such expected use and investment will not violate the provisions of Section 148 of the Code, and any elections such officers deem desirable 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. 15 14. Limitation on Private Use. The County covenants that it shall not permit the proceeds of the Bond or the facilities refinanced with the proceeds of the Bond to be used in any manner that would result in (a) 10% 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) 10% 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) 10% or more of such proceeds being used directly or indirectly to make or finance loans to any persons other than a governmental unit, as provided in Section 141(c) of the Code; provided, however, that if the County receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest on the Bond from being includable in the gross income for federal income tax purposes of the registered owner thereof under existing law, the County need not comply with such covenants. 15. Qualified Tax - Exempt Obligation. The County hereby designates the Bond as a "qualified tax- exempt obligation" for purposes of Section 265(b)(3) of the Code. The County represents and covenants as follows: (a) The County will in no event designate more than $30,000,000 of obligations as qualified tax - exempt obligations in calendar year 2009, including the Bond, for the purpose of such Section 265(b)(3); (b) The County, all its "subordinate entities," within the meaning of such Section 265(b)(3), and all entities which issue tax- exempt obligations on behalf of the County and its subordinate entities have not issued, in the aggregate, more than $30,000,000 of tax- exempt obligations in calendar year 2009 (not including "private activity bonds," within the meaning of Section 141 of the Code, other than "qualified 501(c)(3) bonds," within the meaning of Section 145 of the Code), including the Bond; (c) Barring circumstances unforeseen as of the date of delivery of the Bond, the County will not issue tax- exempt obligations itself or approve the issuance of tax- exempt obligations of any of such other entities if the issuance of such tax - exempt obligations would, when aggregated with all other tax- exempt obligations theretofore issued by the County and such other entities in calendar year 2009, result in the County and such other entities having issued a total of more than $30,000,000 of tax - exempt obligations in calendar year 2009 (not including private activity bonds, other than qualified 501(c)(3) bonds), including the Bond; and (d) The County has no reason to believe that the County and such other entities will issue tax - exempt obligations in calendar year 2009 in an aggregate amount that will exceed such $30,000,000 limit; provided, however, that if the County receives an opinion of nationally recognized bond counsel that compliance with any covenant set forth in (a) or 16 (c) above is not required for the Bond to be a qualified tax - exempt obligation, the County need not comply with such covenant. 16. Audited Financial Statements. The County agrees that, for so long as the Bond is outstanding and held by the Bank, it will provide to the Bank a copy of the County's audited financial statements. 17. Other Actions. All other actions of officers of the County and the Board in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bond are ratified, approved and confirmed. The officers of the County and the Board 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 Bond. 18. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in conflict herewith are repealed. 19. Effective Date. This Resolution shall take effect immediately. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, 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 the proposed FY2009 -10 General Operating and Capital Budget in the amount of $104,151,405, which is a total increase of 4.4% over the previous fiscal year. She advised that approximately $98.2 million represents the operating budget, which is a 1.9% increase and a capital budget of approximately $6 million. She advised that no change in the tax rates are proposed and no solid waste fee is included in the proposed budget. She advised that 44% of the total revenues come from local sources; 38% from State funds; 6% from Federal; and, 1% from other funds. She advised that staff is proposing to use approximately 9% from the issuance of debt and 2% of the County's Fund Balance to balance the budget. She advised that staff is projecting a decrease of 5% or $2.3 million in total local sources; a decrease of 20% or $1.5 million in personal property; and, a decrease of 77% or $1 million in interest earnings due to the downturn in the economy. She advised that other local taxes are down by 5% or $291,000 and that a decrease is anticipated in the EMS revenue recovery program of 30% or $200,000. She advised that staff is projecting to use $965,000 from the VDOT reserve and $866,000 of "rainy day" funds from the Unappropriated Fund Balance. She advised that staff is proposing to use $515,000 for capital needs. She advised that State/Federal and other revenues are flat from the previous fiscal year and included in the proposed budget is the second year reductions from the State for local aid, which represents a reduction in revenue of $100,000. She advised that staff plans on issuing bonds or additional debt for the County's capital program of approximately $8.5 million and that she has calculated in, as a precautionary measure, a decrease in the collection rate, which equates to 1% or $330,000. 17 She advised that 47% of the local tax dollar goes to education. She advised that the budget has increased by $4.4 million. She advised that the proposed budget provides no merit or cost -of- living increases for staff. She advised that County departments have reduced spending in travel, training, marketing and advertising. She advised that the proposed budget does not contain funding for any vehicle replacements; equipment purchases have been significantly reduced; maintenance for parks and recreation is being deferred; the quarterly newsletter will be cut back to a semi - annual newsletter; there is a reduction in operating hours at the various convenience centers; and, a reduction in the local contribution to Social Services, for a reduction in the proposed budget, exclusive of convenience centers, of $890,000. She advised that the proposed budget has level funding for fire and rescue operating needs, as well as level funding for all of the health and welfare organizations. She advised that the proposed budget does not include any funding for the VDOT revenue sharing program. She advised that the net change in full -time equivalent (FTE) positions is zero and staff is proposing to maintain six (6) vacancies and, in some areas, reduce or eliminate part- time hours. She advised that staff is proposing to reallocate two (2) FTEs that are currently in General Services to Public Utilities. She advised that also proposed is an upgrade of the Engineer position, which is currently vacant, to an Assistant Director of General Services and that a Water Quality Technician be added in the Public Utilities fund; adding a Engineering Technician position under General Services; and, the Commissioner of Revenue has proposed eliminating the Real Estate Assessor position. She advised that a 4.9% increase is proposed for the schools; the FY2010 local funding is down approximately 11 %, which is comprised of operating funds and debt service. She advised that school debt service for next year is projected to decrease nearly 19% making their operating funds down 10 %; there is proposed capital funding in the amount of $500,000 and their State and federal funding, including the federal stimulus, represents a 1% decrease. She advised that the local portion for schools represents 57 %; total school budget represents 60% of the total County Operating and Capital Budget and the required local effort calculated by the Virginia Department of Education is approximately $12 million. She advised that student population in the future is anticipated to decrease over the next fiscal year. She advised that overall in the past ten (10) years, the schools have maintained between 65% and 70% of the total operating budget. She advised that the operating budget for Public Utilities is $3.12 million; capital budget is $3.5 million; and, the general fund subsidy is continuing to cover the debt service that the connection fee was not able to cover as a result of a slow down in growth. She advised that there is a 20% reduction in the local portion for Social Services, but they are projecting an increase in State and federal funding and their budget has increased approximately 7 %. She advised that the County Fair budget has decreased by 21%; the E -911 fund is projecting a 3% increase; and, the museum /gift shop has slightly increased. Regarding the additional requests received by staff that have not been included in previous budgets and are not being recommended for funding by 18 staff at this time, Ms. DeVary offered to review the minutes to determine if, and when, the County had made a contribution to the APVA last year and advise Supervisor Casteen accordingly. Supervisor Bradshaw recommended that the Board follow the guidance of the Director of Budget and Finance at this time with respect to those items not being recommended for funding and that they be discussed by the Board in the future with respect to their prioritization should an opportunity to fund them become available later on in the year. Supervisor Clark moved that the County Administrator be directed to ensure that the items not recommended for funding are placed on the Board's December 3, 2009 agenda. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. With respect to the Agriculture and National Resources Agent position mentioned by Mr. Johnson under Special Presentations tonight, Supervisor Bradshaw inquired if any changes needed to be made based on the recommendation. Ms. DeVary responded that she would add the full -time position, noting that it would not change the bottom line in their budget as the funding already exists. With respect to the Western Tidewater Free Clinic, Ms. DeVary advised Supervisor Clark that the Clinic's request was for $20,000 and the level funding amount was $5,150. Supervisor Clark moved that staff be directed to review the Western Tidewater Free Clinic's funding request and report back to the Board through the Budget and Finance Committee at the Board's December 3, 2009 meeting. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved that Ms. DeVary be directed to forward the Clinic's budget request to the Board listing its goals and objectives. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw noted that staff had received correspondence from the Constitutional Officers regarding part -time salaries, specifically the Treasurer's office in the amount of $11,000; the Commissioner of Revenue's office in the amount of $15,000; and, the Clerk of Circuit Court's office in the amount of $9,000. He noted that the Board has entered into non - binding agreements throughout the years with these offices with respect to keeping 19 those part-time positions. He stated that the other requests for funding are from charitable organizations, which do benefit the citizens; however, the Constitutional Officers have worked diligently with the County throughout the years on budget issues. He stated these offices deal directly with citizens and provide services to the public on a daily basis. Supervisor Bradshaw moved that the Clerk of Court, Treasurer, Commissioner of Revenue and Registrar provide a presentation to the Board at its June 11, 2009 meeting justifying the inclusion of their part-time salaries in next year's budget and providing an explanation of their office, workforce and workload. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Ms. DeVary recalled that the Board, at its April 2, 2009 work session, had recommended that the Schools further reduce their budget by $1 million. She advised that the correspondence which was received from the School administration following that recommendation only reduced the School's budget by an additional $775,000. Supervisor Bradshaw directed Ms. DeVary to stay with the $1 million as recommended by the Board. He stated that the Roanoke County School Board has contracted out all of their school transportation services resulting in a $200,000 savings per year. He suggested discussing that with the School Board when the Board of Supervisors next meets formally with them. Responsive to comments by Supervisors Casteen and Bradshaw with respect to a reduction of hours of operation for the various convenience centers in the County, Supervisor Bradshaw moved that County Administrator Caskey be directed to consider reducing the convenience center hours only between the hours of 11:00 a.m. and 1:00 p.m. and not for the entire day. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board set a special meeting on April 30, 2009 at 7:00 p.m. for the purpose of conducting a public hearing on the County's proposed 2009 -2010 General Operating Capital Budget/School Budget. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved to authorize the public hearing for the Board's April 30, 2009 meeting for the proposed 2009 -2010 General Operating Capital Budget/School Budget as presented. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 20 County Administrator Caskey recalled that the Board's Strategic Plan 2009 -2010 had been developed at the Board's November work session and adopted by the Board at its March 5, 2009 meeting. He stated in light of recent discussions concerning consolidation of services with the schools and the Department of Social Services, he would recommend that the Board's Plan include that as a priority. Supervisor Bradshaw moved to adopt the 2009 -2010 Strategic Plan, as amended to include "Consolidation of Services with Local Agencies" as an item under Effective Governance and Community Partnerships. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey requested the Board's direction in selecting another date for the Board's September 17, 2009 regular meeting as it currently conflicts with the date of the County Fair opening. Supervisor Wright moved to adopt a resolution changing its regularly scheduled meeting of September 17, 2009 to September 24, 2009 at 6:00 p.m. with public hearings at 7:00 p.m. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Donald T. Robertson, Director of Information Resources and Legislative Affairs, advised that Congressman Forbes' office is requesting a letter formalizing the County's request that the Congressman's office become involved in maintaining the current hours of operation at the Jamestown /Scotland Ferry. Supervisor Clark moved that the Chairman be authorized to sign the proposed letter to Congressman Forbes regarding the Jamestown - Scotland Ferry. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Mr. Robertson recalled that responsive to the Board's direction, staff has requested a meeting with Congressman Forbes; however, he is anticipated to be out of the district for quite some time and his staff had extended an invitation to the Board to meet with Congressman Forbes in DC upon his return. He advised that April 28 -30, 2009; May 5 -7, 2009; and, May 13 -14, 2009 have been offered as potential meeting dates. Supervisor Clark moved that staff be directed to set up a conference call with Congressman Forbes on May 5, 2009 in the late morning or early afternoon. The motion was adopted by a vote of (5 -0) with Supervisors 21 Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Supervisor Bradshaw moved that the Board take a recess. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board return to open session. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Brown called for consideration of the Consent Agenda. A. Donation of Emergency Equipment to Fire Department Resolution of Gift to the Carrollton Volunteer Fire Department B. Application for Grant Funds — ToughBook Laptops for Emergency Patients and Research Registry Program Resolution to Accept and Appropriate Grant Funds from the Virginia Office of Emergency Medical Services for ToughBooks for EMS Vehicles C. Application for Grant Funds — COPS Hiring Recovery Program (CHRP) Resolution to Accept and Appropriate Grant Funds from the Department of Justice for the COPS Hiring Recovery Program D. Fairgrounds Paging System E. Muddy Cross Road /Paving Update F. Monthly Financial Reports for County and Schools G. Recyc Systems, Inc. Biosolids Status Report H. The preliminary site plan application of Patricia and Rodney Burch, owner, and R. Mitchell Wilcox, applicant, to allow for the 22 construction of a one story, 3,180 square foot commercial kennel for dog grooming, boarding and retail sales of pet supplies. Supervisor Bradshaw moved that the Consent Agenda be approved. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. /1 Chairman Brown called for Appointments. Supervisor Casteen moved to appoint Tim Hillegass to replace Ms. Bevan as the Town of Smithfield representative on the Industrial Development Authority. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown moved to reappoint Pete Farmer, representing the Hardy District on the Commission on Aging. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown moved to reappoint Ms. Robertson, representing the Hardy District on the Commission on Aging. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Brown called for Old Business. The request of Three Coins LLC, owner, and Commonwealth Engineering, applicant, for a rezoning of Tax Map Parcels 34 -01 -108 and 34- 01 -108B in the Newport Development Service District from Rural Agricultural Conservation (RAC) to Conditional - General Commercial (C -GC). Said property, approximately 8.028 acres, is located on the east side of Carrollton Boulevard (Route 17), south of Sugar Hill Road (Route 661) in the Newport Election District. The proposed use of the property is for a proposed office condominium and retail development. Amy Ring, Assistant Director of Planning and Zoning, advised that the above application has been incorrectly advertised under the name of Three Coins, LLC as the owner had changed the name under which the property was zoned without notifying staff. She advised that the applicant is now requesting that the application be withdrawn and that he is resubmitting the application with the correct property owner names, which will be first 23 considered by the Planning Commission and then the Board. She distributed letters of opposition from Petise Estates to the Board. Interim County Attorney Burton advised staff that the letters of opposition should be sent to the Planning Commission first and then brought to the Board when it considers the new application. Supervisor Bradshaw moved that the request of the applicant to withdraw the application be approved. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark advised that the animal shelter property must be removed from the Courthouse Historical District before the Building and Grounds Committee can proceed with its commercial design. Supervisor Clark moved to direct the County Administrator to begin the process to remove the property behind the property that fronts on Route 258 from the Courthouse Historical District. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. /1 Chairman Brown called for New Business. Supervisor Bradshaw moved that the Chairman appoint a Small Business Committee to work with the Chamber of Commerce and the Departments of Tourism, Economic Development and Planning and Zoning and that staff return to the Board with a plan involving small business development. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the County Administrator be directed to find out who the County and the School administration are currently acquiring their copier paper from and further direct him to ensure that the County acquires its future copy paper from International Paper and not from a foreign country or outside of the United States. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton requested a closed meeting pursuant to Section 2.2- 3711.A.3 of the Code of Virginia for consultation with legal counsel requiring the provision of legal advice pertaining to acquisition of 24 real property in the Smithfield District; pursuant to Section 2.2- 3711.A.7 for consultation with legal counsel requiring the provision of legal advice pertaining to potential litigation; pursuant to Section 2.2- 3711.A.7 for consultation with legal counsel requiring the provision of legal advice pertaining to actual litigation; and, pursuant to Section 2.2- 3711.A.7 for consultation with legal counsel requiring the provision of legal advice pertaining to actual litigation. Supervisor Bradshaw moved that the Board enter the closed meeting for the reasons stated by Interim County Attorney Burton. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board return to open meeting. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board adopt the following resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2- 3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Bradshaw, Brown, Casteen, Clark and Wright NAYS: 0 ABSENT DURING VOTE: 0 25 ABSENT DURING MEETING: 0 Interim County Attorney Burton requested that the Board enter a closed meeting pursuant to Section 2.2- 3711.A.1 of the Code of Virginia for the limited purpose of discussion of a personnel matter pertaining to a specific public employee. Supervisor Bradshaw moved that the Board enter a closed meeting for the reason stated by Interim County Attorney Burton. The motion was adopted by a vote of (5 -0) with Supervisors Brown, Bradshaw, Clark, Casteen and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board return to open session. The motion was adopted by a vote of (5 -0) with Supervisors Brown, Bradshaw, Clark, Casteen and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board adopt the following resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2- 3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Bradshaw, Brown, Casteen, Clark and Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 26 1/ There was no action following the closed meeting. At 10:30 p.m., Supervisor Bradshaw moved that the Board adjourn its meeting. The motion was adopted by a vote of (5 -0) with Supervisors Brown, Bradshaw, Clark, Casteen and Wright voting in favor of the motion, and no Supervisors voting against the motion. Carey Mills Storm, Clerk 27 es B. Brown, Jr., Chat an