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:
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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.
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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(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.
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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
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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
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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.
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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.
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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.
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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,
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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;
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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
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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
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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