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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 11 Il 1 1 1l 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. // 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. 1/ Chairman Bradshaw called for consideration of the Consent Agenda. Nike Park and Heritage Park Master Plans Chairman Bradshaw called for Regional Reports. 2 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. /I 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. 71 1I 1I II 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. 11 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, 4 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 5 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 6 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 7 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 8 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 9 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 10 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 1 1 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 12 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 13 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 14 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 15 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. 11 11 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. 16 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. 11 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 17 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. 11 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. 11 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. 18 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. 11 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 19 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. 11 20 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 21 Phil ip A. Bradshaw, Chairman