09-02-2010 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SECOND DAY OF SEPTEMBER IN THE
YEAR TWO THOUSAND AND TEN
PRESENT: Phillip A. Bradshaw, Chairman
Thomas J. Wright, III, Vice - Chairman
Al Casteen
Stan D. Clark
JoAnn W. Hall
Also Attending: A. Paul Burton, Interim County Attorney
W. Douglas Caskey, County Administrator
Carey Mills Storm, Clerk
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Chairman Bradshaw called the meeting to order at 6:00 p.m.
Supervisor Wright delivered the invocation.
The Pledge of Allegiance was conducted.
Chairman Bradshaw called for Approval of the Agenda.
County Attorney Burton offered the following amendments to the
agenda: Add an Item 14, New Business, for consideration of appointment of
a person as Deputy Clerk; under New Business, add consideration of one (1)
meeting per month for the months of October, November and December
2010; under County Attorney's Report, add ten (10) closed meeting items, to
include four (4) personnel matters requested by Supervisor Clark; under the
County Attorney's Report, add authorization of a Dominion VA Power
Easement for a proposed underground facility at 1804 S. Church Street,
Smithfield, VA.; under the County Administrator's Report, add consideration
of funds for the Hampton Roads Crime Line /Top Cop Program; under
Special Presentations, add update on Hurricane Earl by Rusty Chase; and,
under New Business, add correspondence from the Isle of Wight Volunteer
Rescue Squad regarding the building renovation project.
Supervisor Wright moved that the agenda be adopted, as amended.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Bradshaw called for Special Presentations /Appearances.
Chief Sullivan displayed a dog that is currently available for adoption
at the County's animal shelter.
James R. Chase, Director Emergency Services, advised that Hurricane
Earl has now been downgraded to a Category 3 and that little to no rain is
expected inland with minimal flooding anticipated in the Smithfield area.
County Administrator Caskey advised that a resolution declaring a
local emergency has been prepared by staff in the event an emergency is
declared.
Darlene Keyte, Fair Coordinator, provided an introduction of the 2010
Isle of Wight County Fair Queens.
Erin Schrad, Communications Manager, Virginia Association of Chiefs
of Police, presented a Law Enforcement Challenge Award to Sheriff Phelps.
Lisa T. Perry, Director, Economic Development, advised that the Small
Business Close -Up segment featuring Sesroh Tack Shop has been postponed
until the Board's next meeting due to hurricane preparedness measures that
need to be undertaken by that business.
Frank D. Cox, Jr., The Cox Company, made a presentation to the Board
regarding the Urban Development Area planning study and designation
process.
Chairman Bradshaw briefed the Board on information provided during
two (2) work groups of Governor McDonnell's Economic Development and
Jobs Creation Commission.
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Supervisor Clark moved that the Board refer the Master Plans to the
Planning Commission for a recommendation in conjunction with the
County's Comprehensive Plan. The motion was adopted by a vote of (5 -0)
with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor
of the motion and no Supervisors voting against the motion.
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Chairman Bradshaw called for consideration of the Consent Agenda.
Nike Park and Heritage Park Master Plans
Chairman Bradshaw called for Regional Reports.
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County Administrator Caskey reported that the Southeastern Public
Service Authority has approved a gas contract with a private identity and is
continuing in its efforts to develop a strategic plan.
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Chairman Bradshaw called for Transportation Matters.
Trudy Price, 11381 Wood Acres Way, Smithfield, notified the Board
that she was before the Board in 2005 regarding the paving of State Road 699
(Wood Acres Way). She stated that she has three (3) different lists from
VDOT with State Road 699 in three (3) different locations on the list.
Supervisor Clark moved that staff request all three (3) lists from VDOT
and present same to the Board for its review. The motion was adopted by a
vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright
voting in favor of the motion and no Supervisors voting against the motion.
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Chairman Bradshaw called for Citizens Comments.
No one appeared and spoke.
Chairman Bradshaw called for Board comments.
No Board comments were offered.
Chairman Bradshaw called for the County Attorney's report.
Interim County Attorney Burton presented a Dominion VA Power
easement for consideration by the Board.
Supervisor Clark moved that the Chairman be authorized to execute the
Dominion VA Power easement on behalf of the Board. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall
and Wright voting in favor of the motion and no Supervisors voting against
the motion.
County Attorney Burton advised that he had ten (10) matters to discuss
with the Board later during the closed meeting.
Chairman Bradshaw called for the Parks and Recreation report.
Mark W. Furlow, Director of Parks and Recreation, requested
authorization to hire three (3) additional Skating Rink Attendants.
Chairman Bradshaw moved that this matter be deferred until he had a
chance to discuss with staff the viability of the operation of the skating rink.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
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Chairman Bradshaw called for the County Administrator's report.
County Administrator Caskey presented a recommendation from
neighboring localities that the Board give favorable consideration to a
resolution that would be forwarded to President Obama in response to the
recent announcement by the United States Secretary of Defense regarding the
proposal to close the United States Joint Forces Command (JFCOM), which
would have a significant impact on civilian and military personnel in
Hampton Roads.
Supervisor Clark moved the Board adopt the following resolution and
that it be forwarded to President Obama in opposition to the proposed closure
of JFCOM:
RESOLUTION REQUESTING PRESIDENT BARACK OBAMA TO
REJECT THE RECOMMENDATION OF THE SECRETARY OF
DEFENSE REGARDING THE PROPOSED CLOSURE OF THE UNITED
STATES JOINT FORCES COMMAND (USJFCOM)
WHEREAS, the country is actively engaged in fighting on two fronts
and joint interoperability among the military branches is absolutely critical
and requires considerable coordination among the services; and,
WHEREAS, the ability to engage in multiple engagements as a joint
force has always been a hallmark of the military strength of the United States
and the United States Joint Forces Command (USJFCOM) develops and
trains the expertise required by the military to orchestrate its forces to operate
jointly in what remains a very dangerous and threatening world; and,
WHEREAS, the recommendation to close the USJFCOM by the
Secretary of Defense will result in the loss of approximately 10,000 jobs in
the Hampton Roads area of Virginia; and,
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WHEREAS, the closure of this facility would have a devastating
economic impact on the local economy including business closures directly
and indirectly related to USJFCOM as well as higher unemployment; and,
WHEREAS, the Base Realignment and Closure (BRAC) legislation has
been established by the Congress to ensure that sufficient time and
opportunity is available for review of such proposals in an open and
transparent manner and the BRAC process ensures that such critical base
infrastructure closure and realignment decisions are made only after a
complete review, without political interference, and within the national
strategic framework; and,
WHEREAS, the closure of one of the United Combat Commands of the
United States Armed Forces should be considered as a significant base
realignment and closure action that must be treated as such and follow the
BRAC process so that the significant USJFCOM closure and its impact on
national security, and the potential negative economic result on the
Commonwealth of Virginia as a whole may be appropriately considered.
WHEREAS, our State and Federal Congressional Leaders along with
our Hampton Roads regional partners have expressed deep concern and
disappointment in the announcement of the Secretary of Defense and have
urged the Department of Defense to conduct a more complete review of
USJFCOM's mission and enlist the BRAC process without a predisposed
intent to close the command; and,
NOW, THEREFORE, BE IT RESOLVED BY the Board of
Supervisors of the County of Isle of Wight respectfully requests that the
President of the United States reject the recommendation of the Secretary of
Defense to close USJFCOM and require that any such recommendation be
subjected to the BRAC process so that the necessary analytical research and
public input process may be a part of any decision relative to the future of the
USJFCOM.
The motion was adopted by a vote of (5-0) with Supervisors Bradshaw,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
David Rose, Davenport & Company, recommended that the Board take
advantage of favorable interest rates by refinancing the County's 2008A and
2009 General Obligation Bonds. He advised that if interest rates were to rise
over the next several weeks, the refinancing can be delayed.
Jimmy Sanderson, Davenport & Company, recommended that the
Board adopt the Resolution Providing for the Issuance, Sale and Award of a
General Obligation Refunding Bonds, Series 2010, of Isle of Wight County,
Virginia, In a Principal Amount Not to Exceed $13,500,000, Providing for
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the Form, Details and Payment Thereof, and Providing for the Refunding of
Certain General Obligation Public Improvement Bonds of the County.
Supervisor Clark moved that the Board adopt the following Resolution:
Resolution Providing for the Issuance, Sale and Award of a General
Obligation Refunding Bonds, Series 2010, of Isle of Wight County, Virginia,
In a Principal Amount Not to Exceed $13,500,000, Providing for the Form,
Details and Payment Thereof, and Providing for the Refunding of Certain
General Obligation Public Improvement Bonds of the County:
RESOLUTION PROVIDING FOR THE
ISSUANCE, SALE AND AWARD OF A
GENERAL OBLIGATION REFUNDING BONDS,
SERIES 2010, OF ISLE OF WIGHT COUNTY,
VIRGINIA, IN A PRINCIPAL AMOUNT NOT TO
EXCEED $13,500,000, PROVIDING FOR THE
FORM, DETAILS AND PAYMENT THEREOF,
AND PROVIDING FOR THE REFUNDING OF
CERTAIN GENERAL OBLIGATION
REFUNDING BONDS AND GENERAL
OBLIGATION PUBLIC IMPROVEMENT 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 March 28, 2008, the County issued its $10,000,000 General
Obligation Public Improvement Bond, Series of 2008A (the "Series 2008A
Bonds "), of which $9,315,000 remains outstanding; and
WHEREAS, on April 30, 2009, the County issued its $3,304,600 General
Obligation Refunding Bonds, Series of 2009 (the "Series 2009 Bonds "), of
which $3,304,600 remains outstanding; and
WHEREAS, the County administration, in consultation with Davenport &
Company LLC, the County's financial advisor (the "Financial Advisor "), has
determined that the County can effect considerable savings by issuing general
obligation refunding bonds to refund all of the outstanding Series 2008A
Bonds and the Series 2009 Bonds (together, the "Refunded Bonds ") and to
pay the costs of refunding the Refunded Bonds and of issuing the refunding
bonds; and
WHEREAS, the County administration, in consultation with the Financial
Advisor, has recommended to the Board that the County issue and sell a
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single series of general obligation refunding bonds in a principal amount not
to exceed $13,500,000;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF
WIGHT COUNTY, VIRGINIA:
1. Issuance of Bonds. There shall be issued and sold, pursuant to the
Constitution and statutes of the Commonwealth of Virginia, including the
Public Finance Act of 1991, general obligation refunding bonds of the
County in the maximum aggregate principal amount of $13,500,000 (the
"Bonds ") to provide funds to (a) refund the Refunded Bonds, including funds
to pay principal and premium, if any, and interest of the Refunded Bonds
when due and (b) pay the costs incurred in connection with issuing the Bonds
and refunding the Refunded Bonds.
2. Bond Details. The Bonds may be issued in a single series and shall be
designated "General Obligation Refunding Bonds, Series 2010," or such
other designation as shall be determined by the County Administrator, shall
be in registered form, shall be dated such date as determined by the County
Administrator, shall be in denominations of $5,000 and integral multiples
thereof, and shall be numbered R -1 upward. Subject to Section 8, the
issuance and sale of the Bonds are authorized on terms as shall be
satisfactory to the County Administrator; provided, however, that (a) the
Bonds shall have a "true" or "Canadian" interest cost not to exceed 4.50%
(taking into account any original issue discount or premium on the Bonds,
(b) the Bonds shall be sold at a price not less than 98% of the original
aggregate principal amount thereof (excluding any original issue discount),
(c) the Bonds shall mature or be subject to mandatory sinking fund
redemptions in annual installments ending no later than December 31, 2028,
and (d) the refunding of the Refunded Bonds shall result in an aggregate net
present value savings of not less than 3 %. Principal of the Bonds shall be
payable annually and interest on the Bonds shall be payable semiannually on
dates determined by the County Administrator.
Each Bond shall bear interest at such rate as shall be determined at the time
of sale, calculated on the basis of a 360 -day year of twelve 30 -day months.
Principal and premium, if any, shall be payable to the registered owners upon
surrender of Bonds as they become due at the office of the Registrar (as
hereinafter defined). Interest shall be payable by check or draft mailed to the
registered owners at their addresses as they appear on the registration books
kept by the Registrar on a date prior to each interest payment date that shall
be determined by the County Administrator (the "Record Date "). Principal,
premium, if any, and interest shall be payable in lawful money of the United
States of America.
Initially, one Bond certificate for each maturity of the Bonds shall be issued
to and registered in the name of The Depository Trust Company, New York,
New York ( "DTC "), or its nominee. The County has heretofore entered into
a Blanket Letter of Representations relating to a book -entry system to be
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maintained by DTC with respect to the Bonds. "Securities Depository" shall
mean DTC or any other securities depository for the Bonds appointed
pursuant to this Section.
In the event that (a) the Securities Depository determines not to continue to
act as the securities depository for the Bonds by giving notice to the
Registrar, and the County discharges its responsibilities hereunder, or (b) the
County in its sole discretion determines (i) that beneficial owners of Bonds
shall be able to obtain certificated Bonds or (ii) to select a new Securities
Depository, then its chief financial officer shall, at the direction of the
County, attempt to locate another qualified securities depository to serve as
Securities Depository and authenticate and deliver certificated Bonds to the
new Securities Depository or its nominee, or authenticate and deliver
certificated Bonds to the beneficial owners or to the Securities Depository
participants on behalf of beneficial owners substantially in the form provided
for in Section 5; provided, however, that such form shall provide for interest
on the Bonds to be payable (A) from the date of the Bonds if they are
authenticated prior to the first interest payment date, or (B) otherwise from
the interest payment date that is or immediately precedes the date on which
the Bonds are authenticated (unless payment of interest thereon is in default,
in which case interest on such Bonds shall be payable from the date to which
interest has been paid). In delivering certificated Bonds, the chief financial
officer shall be entitled to rely on the records of the Securities Depository as
to the beneficial owners or the records of the Securities Depository
participants acting on behalf of beneficial owners. Such certificated Bonds
will then be registrable, transferable and exchangeable as set forth in Section
7.
So long as there is a Securities Depository for the Bonds (1) it or its nominee
shall be the registered owner of the Bonds, (2) notwithstanding anything to
the contrary in this Resolution, determinations of persons entitled to payment
of principal, premium, if any, and interest, transfers of ownership and
exchanges and receipt of notices shall be the responsibility of the Securities
Depository and shall be effected pursuant to rules and procedures established
by such Securities Depository, (3) the Registrar and the County shall not be
responsible or liable for maintaining, supervising or reviewing the records
maintained by the Securities Depository, its participants or persons acting
through such participants, (4) references in this Resolution to registered
owners of the Bonds shall mean such Securities Depository or its nominee
and shall not mean the beneficial owners of the Bonds and (5) in the event of
any inconsistency between the provisions of this Resolution and the
provisions of the above - referenced Blanket Letter of Representations such
provisions of the Blanket Letter of Representations, except to the extent set
forth in this paragraph and the next preceding paragraph, shall control.
3. Redemption Provisions. The Bonds may be subject to redemption prior
to maturity at the option of the County on or after dates, if any, determined
by the County Administrator, in whole or in part (in $5,000 integrals) at any
time, at a redemption price not to exceed 102% of the principal amount of
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Bonds to be redeemed, together with any interest accrued and unpaid to the
redemption date.
Any term bonds may be subject to mandatory sinking fund redemption upon
terms determined by the County Administrator.
If less than all of the Bonds are called for redemption, the maturities of the
Bonds to be redeemed shall be selected by the County's chief financial
officer in such manner as the chief financial officer may determine to be in
the best interest of the County. If less than all the Bonds of a particular
maturity are called for redemption, the Bonds within such maturity to be
redeemed shall be selected by the Securities Depository pursuant to its rules
and procedures or, if the book -entry system is discontinued, shall be selected
by the Registrar by lot in such manner as the Registrar in its discretion may
determine. In either case, (a) the portion of any Bond to be redeemed shall be
in the principal amount of $5,000 or some integral multiple thereof and (b) in
selecting Bonds for redemption, each Bond shall be considered as
representing that number of Bonds that is obtained by dividing the principal
amount of such Bond by $5,000. The County shall cause notice of the call
for redemption identifying the Bonds or portions thereof to be redeemed to
be sent by facsimile or electronic transmission, registered or certified mail or
overnight express delivery, not less than 30 nor more than 60 days prior to
the redemption date, to the registered owner of the Bonds. The County shall
not be responsible for sending notice of redemption to anyone other than
DTC or another qualified Securities Depository or its nominee unless no
qualified Securities Depository is the registered owner of the Bonds. If no
qualified Securities Depository is the registered owner of the Bonds, notice
of redemption shall be sent to the registered owners of the Bonds. If a
portion of a Bond is called for redemption, a new Bond in principal amount
equal to the unredeemed portion thereof will be issued to the registered
owner upon the surrender thereof.
In the case of an optional redemption, the notice may state that (1) it is
conditioned upon the deposit of moneys, in an amount equal to the amount
necessary to effect the redemption, no later than the redemption date or (2)
the County retains the right to rescind such notice on or prior to the
scheduled redemption date (in either case, a "Conditional Redemption "), and
such notice and optional redemption shall be of no effect if such moneys are
not so deposited or if the notice is rescinded as described herein. Any
Conditional Redemption may be rescinded at any time. The County shall
give prompt notice of such rescission to the affected Bondholders. Any
Bonds subject to Conditional Redemption where redemption has been
rescinded shall remain outstanding, and the rescission shall not constitute an
event of default. Further, in the case of a Conditional Redemption, the failure
of the County to make funds available on or before the redemption date shall
not constitute an event of default, and the County shall give immediate notice
to all organizations registered with the Securities and Exchange Commission
as securities depositories or the affected Bondholders that the redemption did
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not occur and that the Bonds called for redemption and not so paid remain
outstanding.
4. Execution and Authentication. The Bonds shall be signed by the
manual or facsimile signature of the Chairman or Vice Chairman of the
Board, shall be countersigned by the manual or facsimile signature of the
Clerk or Deputy Clerk of the Board and the Board's seal shall be affixed
thereto or a facsimile thereof printed thereon; provided, however, that if both
of such signatures are facsimiles, no Bond shall be valid until it has been
authenticated by the manual signature of an authorized officer or employee of
the Registrar and the date of authentication noted thereon.
5. Bond Form. The Bonds shall be in substantially the form of Exhibit A
attached hereto, with such completions, omissions, insertions and changes
not inconsistent with this Resolution as may be approved by the officers
signing the Bonds, whose approval shall be evidenced conclusively by the
execution and delivery of the Bonds.
6. Pledge of Full Faith and Credit. The full faith and credit of the County
are irrevocably pledged for the payment of principal of and premium, if any,
and interest on the Bonds. Unless other funds are lawfully available and
appropriated for timely payment of the Bonds, the Board shall levy and
collect an annual ad valorem tax, over and above all other taxes authorized or
limited by law and without limitation as to rate or amount, on all locally
taxable property in the County sufficient to pay when due the principal of and
premium, if any, and interest on the Bonds.
7. Registration, Transfer and Owners of Bonds. The County
Administrator is hereby authorized and directed to appoint a qualified bank
or trust company as paying agent and registrar for the Bonds (the
"Registrar "). The Registrar shall maintain registration books for the
registration and registration of transfers of Bonds. Upon presentation and
surrender of any Bonds at the corporate trust office of the Registrar, together
with an assignment duly executed by the registered owner or his duly
authorized attorney or legal representative in such form as shall be
satisfactory to the Registrar, the County shall execute and the Registrar shall
authenticate, if required by Section 4, and deliver in exchange, a new Bond or
Bonds having an equal aggregate principal amount, in authorized
denominations, of the same form and maturity, bearing interest at the same
rate, and registered in names as requested by the then registered owner or his
duly authorized attorney or legal representative. Any such exchange shall be
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
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payments shall be made to the person shown as owner on the registration
books on the Record Date.
8. Sale of Bonds.
(a) The Board approves the following terms of the sale of the Bonds. The
Bonds shall be sold through a competitive sale or a negotiated sale with a
qualified investment banking firm (the "Underwriter ") as the County
Administrator, in collaboration with the Financial Advisor, determines to be
in the best interest of the County. The County Administrator, in
collaboration with the Financial Advisor, is authorized and directed to
determine (i) the aggregate principal amount of the Bonds, subject to the
limitations set forth in Section 1, (ii) the interest rates of the Bonds, maturity
schedule of the Bonds, and the prices to be paid for the Bonds by the
purchaser or the Underwriter (as applicable), subject to the limitations set
forth in Section 2, (iii) the redemption provisions of the Bonds, subject to the
limitations set forth in Section 3, and (iv) the dated date, the principal and
interest payment dates and the Record Date of the Bonds, all as the County
Administrator determines to be in the best interest of the County.
(b) If the County Administrator determines to sell the Bonds by competitive
sale, the County Administrator is authorized to receive bids for the Bonds
and award the Bonds to the bidder providing the lowest "true" or
"Canadian" interest cost, subject to and taking into account the limitations
and terms set forth in Section 2. Following a competitive sale, the County
Administrator shall file a certificate with the Clerk of the Board setting forth
the final terms of the Bonds. The actions of the County Administrator in
selling the Bonds shall be conclusive, and no further action with respect to
the sale and issuance of the Bonds shall be necessary on the part of the
Board.
(c) If the County Administrator determines to sell the Bonds by negotiated
sale with the Underwriter, the County Administrator is authorized to execute
and deliver to the Underwriter a bond purchase agreement (the "Bond
Purchase Agreement") between the County and the Underwriter. The Bond
Purchase Agreement shall be in the form approved by the County
Administrator, in collaboration with the County Attorney and the County's
bond counsel, and shall reflect the final terms of the Bonds. The execution of
the Bond Purchase Agreement by the County Administrator shall constitute
conclusive evidence of his approval of such completions, omissions,
insertions and changes necessary to reflect the final terms of the Bonds.
Following a negotiated sale, the County Administrator shall file a copy of the
Bond Purchase Agreement with the records of the Board. The actions of the
County Administrator in selling the Bonds by negotiated sale to the
Underwriter shall be conclusive, and no further action with respect to the
sale and issuance of the Bonds shall be necessary on the part of the Board.
9. Notice of Sale. If the Bonds are sold by competitive bid, the County
Administrator, in collaboration with the Financial Advisor, is authorized and
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directed to take all proper steps to have prepared and distributed, in accordance
with standard practices of municipal securities, a notice of sale to advertise the
Bonds for sale. Such notice of sale shall be in a form that is not inconsistent
with the provisions of this Resolution and as the County Administrator may
consider to be in the best interest of the County.
10. Official Statement. A draft of a Preliminary Official Statement
describing the Bonds, copies of which have been provided to the members of
the Board, is approved as the form of the Preliminary Official Statement by
which the Bonds will be offered for sale, with such completions, omissions,
insertions and changes not inconsistent with this Resolution as the County
Administrator, in collaboration with the Financial Advisor, may consider
appropriate. After the Bonds have been sold, the County Administrator, in
collaboration with the Financial Advisor, shall make such completions,
omissions, insertions and changes in the Preliminary Official Statement not
inconsistent with this Resolution as are necessary or desirable to complete it
as a final Official Statement, execution thereof by the County Administrator
to constitute conclusive evidence of his approval of any such completions,
omissions, insertions and changes. The County shall arrange for the delivery
to the purchaser or Underwriter of the Bonds of a reasonable number of
copies of the final Official Statement, within seven business days after the
Bonds have been sold, for delivery to each potential investor requesting a
copy of the Official Statement and to each person to whom such purchaser or
Underwriter initially sell Bonds.
11. Official Statement Deemed Final. The County Administrator is
authorized, on behalf of the County, to deem the Preliminary Official
Statement and the Official Statement in final form, each to be final as of its
date within the meaning of Rule 15c2 -12 ( "Rule 15c2 -12 ") of the Securities
and Exchange Commission (the "SEC "), except for the omission in the
Preliminary Official Statement of certain pricing and other information
permitted to be omitted pursuant to Rule 15c2 -12. The distribution of the
Preliminary Official Statement and the Official Statement in final form shall
be conclusive evidence that each has been deemed final as of its date by the
County, except for the omission in the Preliminary Official Statement of such
pricing and other information permitted to be omitted pursuant to Rule 15c2-
12.
12. Preparation and Delivery of Bonds. After the Bonds have been
awarded, the Chairman or Vice Chairman and the Clerk or Deputy Clerk of
the Board are authorized and directed to take all proper steps to have the
Bonds prepared and executed in accordance with their terms and to deliver
the Bonds to the purchaser or Underwriter thereof upon payment therefor.
13. Escrow Deposit Agreement. The County Administrator is authorized
to execute and deliver 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 the form approved by the County Administrator, in collaboration with
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the Interim County Attorney and the County's bond counsel, and shall
provide for the deposit and investment of a portion of the Bond proceeds for
the defeasance of the Refunded Bonds. The execution of the Escrow
Agreement by the County Administrator shall constitute conclusive evidence
of such official's approval of the Escrow Agreement. The Escrow
Agreement shall provide for the irrevocable deposit of a portion of the Bond
proceeds (the "Refunding Portion ") 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 Refunding
Portion shall be invested in such manner that none of the Bonds will be
"arbitrage bonds" within the meaning of Section 148 of the Code.
14. Deposit of Bond Proceeds. The County Treasurer and the Director of
Budget and Finance or either of them is authorized and directed (a) to
provide for the delivery of the Refunding Portion to the Escrow Agent for
deposit in the escrow fund established by the Escrow Agreement, in an
amount that will be sufficient, together with any other funds deposited with
the Escrow Agent and 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 redeemed at the option of the County
and (ii) to pay upon the earlier of maturity or redemption the principal of the
Refunded Bonds, plus any interest accrued and unpaid to such redemption
date, plus the applicable redemption premium, and (b) to provide for the
deposit of the remaining proceeds of the Bonds in a special account to be
used to pay the costs of the Project and the costs incurred in refunding the
Refunded Bonds and issuing the Bonds. The County Treasurer and the
Director of Budget and Finance or either of them is further authorized and
directed to take all such further action as may be necessary or desirable in
connection with the payment and refunding of the Refunded Bonds.
15. Arbitrage Covenants. The County covenants that it shall not take or
omit to take any action the taking or omission of which will cause the Bonds
to be "arbitrage bonds" within the meaning of Section 148 of the Code, or
otherwise cause interest on the Bonds to be includable in the gross income of
the registered owners thereof under existing law. Without limiting the
generality of the foregoing, the County shall comply with any provision of
law which may require the County at any time to rebate to the United States
any part of the earnings derived from the investment of the gross proceeds of
the Bonds, unless the County receives an opinion of nationally recognized
bond counsel that such compliance is not required to prevent interest on the
Bonds from being includable in the gross income of the registered owners
thereof under existing law. The County shall pay any such required rebate
from its legally available funds.
16. Non - Arbitrage Certificate and Elections. Such officers of the County
as may be requested are authorized and directed to execute an appropriate
certificate setting forth the expected use and investment of the proceeds of
the Bonds in order to show that such expected use and investment will not
violate the provisions of Section 148 of the Code, and any elections such
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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.
17. Limitation on Private Use. The County covenants that it shall not
permit the proceeds of the Bonds or the facilities financed with the proceeds
of the Bonds to be used in any manner that would result in (a) 5% or more of
such proceeds or the facilities financed with such proceeds being used in a
trade or business carried on by any person other than a governmental unit, as
provided in Section 141(b) of the Code, (b) 5% or more of such proceeds or
the facilities financed with such proceeds being used with respect to any
output facility (other than a facility for the furnishing of water), within the
meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such
proceeds being used directly or indirectly to make or finance loans to any
persons other than a governmental unit, as provided in Section 141(c) of the
Code; provided, however, that if the County receives an opinion of nationally
recognized bond counsel that any such covenants need not be complied with
to prevent the interest on the Bonds from being includable in the gross
income for federal income tax purposes of the registered owners thereof
under existing law, the County need not comply with such covenants.
18. Continuing Disclosure Agreement. The County Administrator is
hereby authorized to execute and deliver a continuing disclosure agreement
(the "Continuing Disclosure Agreement ") setting forth the reports and
notices to be filed by the County and containing such covenants as may be
necessary to assist the purchasers of the Bonds in complying with the
provisions of the Rule promulgated by the SEC. The Continuing Disclosure
Agreement shall be substantially in the form of the draft attached to the
Preliminary Official Statement, with such completions, omissions, insertions
and changes that are not inconsistent with this Resolution.
19. Qualified Tax - Exempt Obligation. The County Administrator is
hereby authorized to designate all or a portion of the Bonds as "qualified tax -
exempt obligations" for the purpose of Section 265(b)(3) of the Code if the
County Administrator determines that it is in the best interests of the County
to do so and that the County can satisfy the requirements of Section 265(b)(3)
of the Code. Before designating the Bonds as "qualified tax- exempt
obligations," the County Administrator must determine 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 2010, including the Bonds, for the purpose of such Section 265(b)(3);
(b) The County, all its "subordinate entities," within the
meaning of such Section 2650)(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 2010 (not including `private activity bonds," within the
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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 Bonds;
(c) Barring circumstances unforeseen as of the date of delivery
of the Bonds, the County will not issue tax - exempt obligations itself or
approve the issuance of tax - exempt obligations of any of such other entities if
the issuance of such tax- exempt obligations would, when aggregated with all
other tax - exempt obligations theretofore issued by the County and such other
entities in calendar year 2010, 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 2010 (not including private activity bonds other than qualified
501(c)(3) bonds), including the Bonds; and
(d) The County has no reason to believe that the County and
such other entities will issue tax - exempt obligations in calendar year 2010 in
an aggregate amount that will exceed such $30,000,000 limit.
20. Other Actions. All other actions of officers of the County in
conformity with the purposes and intent of this Resolution and in furtherance
of the issuance and sale of the Bonds are approved and confirmed. The
officers of the County are authorized and directed to execute and deliver all
certificates and instruments and to take all such further action as may be
considered necessary or desirable in connection with the issuance, sale and
delivery of the Bonds.
21. Repeal of Conflicting Resolutions. All resolutions or parts of
resolutions in conflict herewith are repealed.
22. Effective Date. This Resolution shall take effect immediately.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Sheriff Phelps presented a request to fill three (3) full -time vacant and
one (1) part-time County- funded positions within his office. He further
requested permission to fill the one (1) State position that is not under the
State's budgetary constraint. He advised that his Department is currently
operating with a large percentage of unfilled positions, creating an
overloaded work schedule and safety issues. He advised that at present, his
Department is three (3) positions short on the Compensation Board, two (2)
of which are unfunded this fiscal year due to the State's cuts. He advised that
he is also short three (3) full -time County funded positions and one (1) part -
time County - funded position. He advised that he also has an employee on
administrative leave, one (1) on Workers Compensation leave and one (1)
that is deployed
Supervisor Clark moved that the hiring freeze of the Board be lifted
and that Sheriff Phelps be allowed to fill the full -time positions that he has
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available. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and
no Supervisors voting against the motion.
Supervisor Clark moved that the Board lift the hiring freeze and allow
Sheriff Phelps to fill the part -time Training Officer position that he has
available. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and
no Supervisors voting against the motion.
Sheriff Phelps presented a request to fill a part-time Animal Control
Officer position. He explained that an officer within that Department has
been moved to another County office due to a pregnancy, which has resulted
in a shortage of officers in that Department. He stated another officer in that
Department will be going to school shortly, which will leave the Chief and
only one (1) Animal Control officer.
Supervisor Clark moved that $10,000 be allocated for a part -time
Animal Control Officer position and directed staff to bring back an
appropriation resolution for the Board's consideration at its next meeting.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
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Chairman Bradshaw declared a recess.
Jason Gray, Director of Information Technology, provided an update
to the Board on the County's participation in the third annual Power IT Down
Day, which is a nationwide event wherein public sector agencies and the
industries that serve them power down their computers, printers, monitors,
and other peripherals at the end of that day in an effort to reduce energy
consumption.
County Administrator Caskey presented a proposed
Strategic Plan of Action for the Board's consideration.
Chairman Bradshaw requested County Administrator
coordinate a date with Dr. Mike Chandler for a Retreat.
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2009 -2010
Caskey to
Donald T. Robertson, Director of Information Resources and
Legislative Affairs briefed the Board with respect to regulations being
developed under the Boiler MACT Rule by the United States Environmental
Protection Agency concerning facilities with large smokestacks.
Chairman Bradshaw moved that staff further research the Boiler
MACT Rule with other localities and return to the Board with a
recommendation at its next meeting. The motion was adopted by a vote of (5-
0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in
favor of the motion and no Supervisors voting against the motion.
County Administrator Caskey presented a Resolution to Appropriate
Funds to the Top Cop Program in connection with the Hampton Roads Crime
Line.
Supervisor Casteen moved that the following Resolution be adopted:
Resolution to Appropriate Funds to the Top Cop Program.
RESOLUTION TO APPROPRIATE FUNDS FROM THE
UNAPPROPRIATED FUND BALANCE TO SUPPORT THE HAMPTON
ROADS CRIME LINE /TOP COP PROGRAM
WHEREAS, the Board of supervisors of the County of Isle of Wight,
Virginia has been requested to contribute $500 to the Hampton Roads Crime
Line /Top Cop program; and,
WHEREAS, the Board of Supervisors has supported Top Cop in the past
whenever financial resources have allowed.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that five
hundred dollars ($500) be appropriated from the Undesignated Fund Balance
of the General Fund to the FY 2010 -11 Operating Budget of the County of
Isle of Wight, Virginia.
BE IT FURTHER RESOLVED that the County Administrator of the County
of Isle of Wight, Virginia is authorized to make the appropriate accounting
adjustments in the budget and to do all things necessary to give this
resolution effect.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
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Chairman Bradshaw called for Appointments.
Supervisor Wright moved that W.L. Jones be reappointed to represent
the Windsor District on the Board of Building Appeals. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall
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and Wright voting in favor of the motion and no Supervisors voting against
the motion.
Supervisor Bradshaw moved that Bryan Babb be reappointed to serve
on the Purchase of Agricultural Conservation Easement Program. The motion
was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark,
Hall and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Bradshaw moved that Pete Carr be reappointed to serve on
the Purchase of Agricultural Conservation Easement Program. The motion
was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark,
Hall and Wright voting in favor of the motion and no Supervisors voting
against the motion.
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Chairman Bradshaw called for Old Business.
Frank Holtom, Assistant Director of General Services, briefed the
Board regarding a drainage improvement plan to address future flooding at
the Isle of Wight County Museum. He advised that only one (1) quote had
been received and that it had come in at twice the engineer's estimate because
of too many unknowns regarding utilities located between the Museum and
the Verizon building. He stated as a result, the Scope of Service was reduced
to include the elimination of the utility complex and that new quotes were
solicited, resulting in three (3) quotes being received. He advised staff will
be working with the Director of Budget and Finance to explore funding
options as there are currently no funds in the budget for this project.
Chairman Bradshaw moved that Supervisor Wright and Supervisor
Casteen work with staff on the drainage issue at the Isle of Wight County
Museum and report back to the Board The motion was adopted by a vote of
(5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in
favor of the motion and no Supervisors voting against the motion.
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Chairman Bradshaw called for New Business.
Interim County Attorney Burton recommended the appointment of a
Deputy Clerk to the Board.
Supervisor Casteen moved that LuAnn C. Delosreyes be appointed as
Deputy Clerk to the Board of Supervisors. The motion was adopted by a vote
of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting
in favor of the motion and no Supervisors voting against the motion.
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Chairman Bradshaw called for discussion concerning one (1) Board
meeting per month until the end of the year.
Chairman Clark moved that the October 7 and October 21 meeting
be canceled and a new meeting be scheduled for October 18 at 5:00 p.m.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Casteen, Clark, Hall and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Clark moved that the November 4 meeting be canceled
and the meeting of November 8 be moved to 5:00 p.m. instead of the
scheduled time of 6:00 p.m. The motion was adopted by a vote of (5 -0) with
Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the
motion and no Supervisors voting against the motion.
Supervisor Clark moved that the December 2nd meeting be canceled
and the meeting of December 16 be moved to 5:00 p.m. instead of the
scheduled time of 6:00 p.m. The motion was adopted by a vote of (5 -0) with
Supervisors Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the
motion and no Supervisors voting against the motion.
With respect to the matter of a memorandum from the Isle of Wight
Rescue Squad, Chairman Bradshaw moved that the Memorandum from the
Isle of Wight Rescue Squad be forwarded to the Finance Committee for their
consideration and that Supervisor Casteen will speak with Mr. Brian Carroll
to get a better understanding of their needs.
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Interim County Attorney Burton requested a closed meeting pursuant to
Section 2.2- 3711.A.7 of the Code of Virginia regarding consultation with
legal counsel requiring the provision of legal advice pertaining to Cannon
Acres water systems; pursuant to Section 2.2- 3711.A.7 regarding
consultation with legal counsel requiring the provision of legal advice
pertaining to the Isle of Wight County animal shelter; pursuant to Section
2.2- 3711.A.7 regarding consultation with legal counsel requiring the
provision of legal advice pertaining to the emergency services system of the
Isle of Wight County; pursuant to Section 2.2- 3711.A.1 for discussion of a
personnel matter pertaining to a specific public official; pursuant to Section
2.2- 3711.A.1 for discussion of a personnel matter pertaining to a specific
public official; pursuant to Section 2.2- 3711.A.1 for discussion of a
personnel matter pertaining to a specific public official; pursuant to Section
2.2- 3711.A.1 for discussion of a personnel matter pertaining to a specific
public official; and, pursuant to Section 2.2- 3711.A.1 for discussion of a
personnel matter pertaining to a specific public official.
Supervisor Wright moved that the Board enter the closed meeting for
the reasons stated by the Interim County Attorney. The motion was adopted
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by a vote of (5 -0) with Supervisors Bradshaw, Casteen, Clark, Hall and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
Supervisor Casteen moved that the Board return to open meeting. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Casteen,
Clark, Hall and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Wright 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, Casteen, Clark, Hall and Wright
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
Supervisor Clark moved that the County Attorney and staff formulate a
County -wide Emergency Medical Services policy as discussed in closed
meeting. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Casteen, Clark, Hall and Wright voting in favor of the motion and
no Supervisors voting against the motion.
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At 10:00 p.m., Chairman Bradshaw moved that the Board adjourn its
meeting. The motion was adopted by a vote of (5-0) with Supervisors
Bradshaw, Clark, Casteen, Hall and Wright voting in favor of the motion, and
no Supervisors voting against the motion.
a
Carey lls Storm, Clerk
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Phil ip A. Bradshaw, Chairman