01-20-2022 Regular Meeting 4
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD
IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY
COURTHOUSE LOCATED AT 17090 MONUMENT CIRCLE, ISLE OF WIGHT, VIRGINIA
ON THURSDAY, THE TWENTIETH DAY OF JANUARY IN THE YEAR TWO THOUSAND
AND TWENTY-TWO
PRESENT:
Rudolph Jefferson, District 3, Chairman
William M. McCarty, District 2, Vice-Chairman
Richard L. Grice, District 1
Don G. Rosie, II, District 5 (Arrived at 5:25 p.m.)
Joel C. Acree, District 4
ALSO IN ATTENDANCE:
Robert W. Jones, Jr., County Attorney
Randy R. Keaton, County Administrator
Donald T. Robertson, Assistant County Administrator
Carey Mills Storm, Clerk
CALL TO ORDER
Chairman Jefferson called the meeting to order at 5:00 p.m.
APPROVAL OF AGENDA
Supervisor McCarty moved that the agenda be approved. The motion was adopted
(4-0) with Supervisors Acree, McCarty, Grice and Jefferson voting in favor of the
motion; no Supervisors voting against the motion; and Supervisor Rosie absent for
the vote.
CLOSED MEETING
The following matters were identified for discussion in closed meeting by County
Attorney Jones: Consultation with legal counsel regarding potential litigation
regarding a construction contract claim where such consultation would adversely
affect the negotiating or litigation posture of this public body pursuant to
subsection 7; a discussion regarding the appointment of specific appointees •to
County boards, committee or authorities as set forth in the agenda, pursuant to
subsection 1; and a discussion regarding the performance of a specific County
departments and employees, to include Emergency Services and the County
Attorney, pursuant to subsection 1.
Supervisor McCarty moved that the Board enter the closed meeting for the reasons
stated by County Attorney Jones. The motion was adopted (4-0) with Supervisors
Acree, McCarty, Grice and Jefferson voting in favor of the motion; no Supervisors
voting against the motion; and Supervisor Rosie absent for the vote.
•
Supervisor McCarty moved that the Board reconvene into open meeting. The
motion was adopted (4-0) with Supervisors Acree, McCarty, Grice and Jefferson
voting in favor of the motion; no Supervisors voting against the motion; and
Supervisor Rosie absent for the vote.
County Attorney Jones reminded the Board that in accordance with Section 2-10(G)
of the Board's Rules & Procedure, all those who participated in the closed meeting
are reminded that all matters discussed in closed meeting are to remain confidential,
as provided under the Virginia Freedom of Information Act, and that such matters as
were discussed in closed meeting should not be acted upon or discussed in public by
any participant unless and until a public, formal action of the Board of Supervisors is
taken on that particular subject matter.
Supervisor McCarty moved that the following Resolution be adopted:
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: Acree, Grice, Jefferson, McCarty
NAYS: 0
ABSENT DURING VOTE: Rosie
ABSENT DURING MEETING: 0
No action taken following the closed meeting
Supervisor Rosie arrived at the meeting.
INVOCATION
Volpe Boykin delivered the invocation and led the Pledge of Allegiance to the
American Flag.
•
t
CITIZENS' COMMENTS
Richard Sienkiewilz of the Newport District spoke on the issue of a 12-unit
apartment building currently being built at the intersection of Sugar Hill Road and
Spring Crest Drive and known as The Heritage. He advised that the builder, Mr.
Kooiman, will be coming before the Board next month requesting a variance and
that he is requesting that his request be denied.
CONSENT AGENDA
Supervisor McCarty moved that the following Consent Agenda be adopted:
A. Resolution Necessary to Allow the Virginia Housing Development Authority
to Finance an Economically Mixed Housing Project
B. Resolution to Amend the FY2021-22 Grant Fund Budget and Appropriate
Funding from the Library of Virginia Circuit Court Records Preservation
Program ($73,868)
C. Resolution to Amend the FY2021-22 Budget and Transfer ESSER III Funds
from the Operations & Maintenance Category to the Transportation
Category in the School's Budget for Drivers' Pay Increases ($223,800)
D. Resolution to Amend the FY2021-22 Budget and Appropriate Security Funds
from the Commonwealth of Virginia to the School's Budget ($231,200)
E. Resolution to Amend the FY2021-22 Grant Fund Budget and Appropriate
Funding from the Walmart and Sam's Local Community Grants Program for
a Countywide CCTV Program ($6,300)
F. Resolution to Amend the FY2021-22 Budget and Appropriate Funds for the
Smithfield Sidewalk Construction Project ($317,246)
G. Minutes
November 4, 2021 Work Session Minutes
November 18, 2021 Regular Meeting Minutes
The motion was adopted with Supervisors Acree, McCarty, Grice, Rosie and
Jefferson voting in favor of the motion (5-0) and no Supervisors voting against the
motion.
REGIONAL AND INTER-GOVERNMENTAL REPORTS
Supervisor Grice advised that he attended the most recent meeting of the Eastern
Virginia Regional Industrial Facility Authority (EVRIFA), and he reported that the
County is now a partial owner of approximately 450 acres of land of which 250 acres
of said acres have been purchased for the purpose of a solar farm.
APPOINTMENTS
3
Supervisor Rosie moved that Brian Carroll be reappointed to serve on the Planning
Commission representing the Carrsville District. The motion was adopted with
Supervisors Acree, McCarty, Grice, Rosie and Jefferson voting in favor of the motion
(5-0) and no Supervisors voting against the motion.
SPECIAL PRESENTATION
Will Drewery, Emergency Management Coordinator, provided an update on the
following:
. overall COVID-19 count for Isle of Wight County
. 7-day rolling averages
. Covid-19 I Virginia by locality
. cases and deaths in Isle of Wight County
. hospitalizations
. vaccine doses administered — statewide
. vaccine doses administered by locality of residence (Isle of Wight)
. Isle of Wight vaccination data
. vaccination statistics by age & race (Isle of Wight)
. Isle of Wight Covid-19 efforts
COUNTY ATTORNEY'S REPORT
No report was offered.
PUBLIC HEARINGS
A. RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION PUBLIC
IMPROVEMENT BONDS OF ISLE OF WIGHT COUNTY, VIRGINIA, IN AN
AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $19,500,000
RESOLUTION PROVIDING FOR THE ISSUANCE, SALE AND AWARD OF
GENERAL OBLIGATION PUBLIC IMPROVEMENT AND REFUNDING BONDS OF
ISLE OF WIGHT COUNTY,VIRGINIA, PROVIDING FOR THE FORM, DETAILS AND
PAYMENT OF SUCH BONDS AND PROVIDING FOR THE REFUNDING OF
OUTSTANDING GENERAL OBLIGATION BONDS OF THE COUNTY
Jimmy Sanderson, Davenport & Company, provided an update on the current
interest rates and spoke to the County's strong credit ratings.
Chairman Jefferson opened the public hearing and called for persons to speak in
favor of or in opposition to the resolutions.
No one appeared and spoke.
Chairman Jefferson closed the public hearing and called for comments by the
Board.
Supervisor McCarty moved that the following Resolution be adopted:
4
RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION PUBLIC
IMPROVEMENT BONDS OF ISLE OF WIGHT COUNTY, VIRGINIA, IN AN AGGREGATE
PRINCIPAL AMOUNT NOT TO EXCEED $19,500,000
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 (the "Code"), 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;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY,
VIRGINIA:
1. It is determined to be necessary and expedient for the County to finance the
acquisition, construction, renovation, rehabilitation and equipping of capital
improvements for various governmental purposes, including but not limited
to fire and rescue, parks and recreation, public school, public works and
other governmental facility improvements (collectively, the "Project"), to
borrow money for such purposes and to issue the County's general
obligation public improvement bonds therefor.
2. Pursuant to the Constitution and statutes of the Commonwealth of Virginia,
including the Public Finance Act of 1991, there are authorized to be issued
general obligation public improvement bonds of the County in an aggregate
principal amount not to exceed $19,500,000 to provide funds to finance the
cost of the Project and pay related costs of issuance.
3. The bonds shall bear such date or dates, mature at such time or times not
exceeding 40 years from their dates, bear interest at such rate or rates, be in
such denominations and form, be executed in such manner and be sold at
such time or times and in such manner as the Board may hereafter provide
by appropriate resolution or resolutions.
4. The bonds shall be general obligations of the County, and its full faith and
credit shall be irrevocably pledged to the payment of principal of and
premium, if any, and interest on such bonds.
5. The County intends that the adoption of this Resolution be considered as
"official intent" within the meaning of Treasury Regulations, Section 1.150-
2, promulgated under the Internal Revenue Code of 1986, as amended.
6. The Clerk of the Board, in collaboration with the County Attorney, is
authorized and directed to see to the immediate filing of a certified copy of
this Resolution in the Circuit Court of Isle of Wight County, Virginia.
7. This Resolution shall take effect immediately.
5
The motion was adopted with Supervisors Acree, McCarty, Grice, Rosie and
Jefferson voting in favor of the motion (5-0) and no Supervisors voting
against the motion.
Supervisor McCarty moved that the following Resolution be adopted:
RESOLUTION PROVIDING FOR THE ISSUANCE, SALE AND AWARD OF GENERAL
OBLIGATION PUBLIC IMPROVEMENT AND REFUNDING BONDS OF ISLE OF WIGHT
COUNTY, VIRGINIA, PROVIDING FOR THE FORM, DETAILS AND PAYMENT OF SUCH
BONDS AND PROVIDING FOR THE REFUNDING OF OUTSTANDING GENERAL
OBLIGATION 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, pursuant to a resolution adopted on January 20, 2022 (the "Authorizing
Resolution"), the Board of Supervisors of the County (the "Board") has authorized
the issuance of general obligation public improvement bonds in an aggregate
principal amount not to exceed $19,500,000 to finance the acquisition,
construction, renovation, rehabilitation and equipping of capital improvements for
various governmental purposes, including but not limited to fire and rescue, parks
and recreation, public school, public works and other governmental facility
improvements (collectively, the "Project");
WHEREAS, the County may achieve debt service savings by refunding a portion of
its outstanding general obligation bonds (such refunded portion, if any, the
"Refunded Bonds");
WHEREAS, the County administration, in consultation with Davenport & Company
LLC, the County's financial advisor (the "Financial Advisor"), has recommended to
the Board that the County issue and sell (a) a series of general obligation public
improvement bonds on a federally tax-exempt basis (the "Project Bonds") to
finance the Project and to pay the related costs of issuing the Project Bonds and (b)
if sufficient debt service savings can be achieved, one or more series of its general
obligation refunding bonds on a federally tax-exempt or taxable basis (the
"Refunding Bonds" and, together with the Project Bonds, the "Bonds") to refund
the Refunded Bonds and to pay the related costs of issuing the Refunding Bonds
and refunding the Refunded Bonds;
WHEREAS, the County administration, in consultation with the Financial Advisor,
has recommended that the County sell the Bonds through one or both of the
following methods: (a) a public offering through a competitive sale (a "Competitive
Sale") or (b) a public offering through a negotiated underwriting (a "Negotiated
Sale") (under method of sale, the underwriter of the Bonds shall be referred to
herein as the "Underwriter"); and
6
WHEREAS, the Board desires to provide for the issuance of the Bonds and to
delegate to the County Administrator (which term shall include for purposes of this
resolution the Assistant County Administrator) the authority to determine (a) the
method or methods of sale pursuant to which the Bonds shall be sold and (b) which
of its outstanding general obligation bonds, or portions thereof, if any, will
constitute the Refunded Bonds;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY,
VIRGINIA:
1. Issuance of Bonds. Pursuant to the Constitution and statutes of the
Commonwealth of Virginia, including the Public Finance Act of 1991, and the
Authorizing Resolution, the Board hereby approves the issuance and sale of
(a) the Project Bonds in an aggregate principal amount not to exceed
$19,500,000 and (b) the Refunding Bonds in an aggregate principal amount
not to exceed the amount necessary to (i) amortize the principal of and
premium, if any, and interest on the Refunded Bonds and (ii) pay all expenses
reasonably incurred in the issuance of the Refunding Bonds, less the
amounts then in any sinking, escrow or other funds that are available for the
payment of the principal of or premium, if any, or interest on the Refunded
Bonds. Proceeds of the Project Bonds shall be applied to finance the Project
and to pay the related costs of issuing the Project Bonds, and proceeds of the
Refunding Bonds shall be applied to refund the Refunded Bonds and to pay
the related costs of issuing the Refunding Bonds and refunding the Refunded
Bonds.
2. Bond Details.
(a) Subject to the provisions and limitations of this Resolution, the Board
hereby authorizes the County Administrator to undertake the issuance and
sale of the Bonds and to determine the final pricing terms of the Bonds as he
shall deem to be in the best interests of the County. The County
Administrator, in consultation with the Financial Advisor and the County's
bond counsel, is authorized to determine (i) whether to issue the Refunding
Bonds as federally tax-exempt or taxable bonds and (ii) whether to issue the
Project Bonds and the Refunding Bonds as separate series or as one
combined series. The County Administrator is further authorized to
determine the appropriate series designation(s) and numbering of the
Bonds. The Bonds shall be in registered form and shall be in denominations
of$5,000 and integral multiples thereof.
(b) The issuance and sale of the Project Bonds are authorized on pricing
terms as shall be satisfactory to the County Administrator; provided,
however, that the Project Bonds (i) shall be issued in an aggregate principal
amount not exceeding the limit set forth in Sections 1(a), (ii) shall have a
"true" or "Canadian" interest cost not to exceed 3.25% (taking into account
any original issue discount or premium), (iii) shall be sold to the Underwriter
at a price not less than 95% of the principal amount thereof (excluding any
original issue discount or premium), and (iv) shall mature, or be subject to
•
mandatory sinking fund redemption in annual installments, in years ending
no later than December 31, 2047.
(c) The issuance and sale of the Refunding Bonds are authorized on
pricing terms as shall be satisfactory to the County Administrator; provided,
however, that the Refunding Bonds (i) shall be issued in an aggregate
principal amount not exceeding the limit set forth in Section 1(b), (ii) shall
have a "true" or "Canadian" interest cost not to exceed 3.25% (taking into
account any original issue discount or premium), (iii) shall be sold to the
Underwriter at a price not less than 95% of the principal amount thereof
(excluding any original issue discount or premium), (iv) shall mature, or be
subject to mandatory sinking fund redemption in annual installments, in
years ending no later than December 31, 2047, and (v) the refunding of the
Refunded Bonds shall result in an aggregate net present value debt service
savings of not less than 3.0% of the Refunded Bonds.
(d) Principal of the Bonds shall mature, or be subject to mandatory sinking
fund installments, annually on dates determined by the County
Administrator. Each Bond shall bear interest from its dated date at such fixed
rate as shall be determined at the time of sale, calculated on the basis of a
360-day year of twelve 30-day months, and payable semiannually on dates
determined by the County Administrator. Principal 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"); provided, however, that at the
request of the registered owner of the Bonds, payment may be made by wire
transfer pursuant to the most recent wire instructions received by the
Registrar from such registered owner. If any payment date is not a business
day, such payment shall be made on the next succeeding business day with
the same effect as if made on the stated payment date, and no additional
interest shall accrue. Principal, premium, if any, and interest shall be payable
in lawful money of the United States of America.
(e) Initially, one Bond certificate for each maturity of the Bonds shall be
issued to and registered in the name of The Depository Trust Company, New
York, New York ("DTC"), or its nominee. The County has heretofore entered
into a Blanket Letter of Representations relating to a book-entry system to
be maintained by DTC with respect to the Bonds. "Securities Depository"
shall mean DTC or any other securities depository for the Bonds appointed
pursuant to this Resolution.
(f) In the event that (i) 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 the Securities Depository of its
responsibilities hereunder, or (ii) the County in its sole discretion determines
(A) that beneficial owners of Bonds shall be able to obtain certificated Bonds
or (B) to select a new Securities Depository, then its chief financial officer
8
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,
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 (X) from the date of the Bonds if they are authenticated prior to
the first interest payment date or (Y) 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.
(g) So long as there is a Securities Depository for the Bonds, (i) it or its
nominee shall be the registered owner of the Bonds; (ii) 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; (iii) neither the
Registrar nor the County shall be responsible or liable for maintaining,
supervising or reviewing the records maintained by the Securities
Depository, its participants or persons acting through such participants; (iv)
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 (v) 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.
(a) The Bonds of any series may be subject to redemption prior to
maturity at the option of the County at any time on or after dates, if any,
determined by the County Administrator, in whole or in part (in $5,000
integrals), at a redemption price not to exceed 102% of the principal amount
of the Bonds to be redeemed, together with any interest accrued and unpaid
to the redemption date.
(b) Any term bonds may be subject to mandatory sinking fund redemption
upon terms determined by the County Administrator.
(a) If less than all of the Bonds of a series are called for redemption, the
maturities of the Bonds, or portions thereof, to be redeemed shall be
selected by the County's chief financial officer in such manner as such officer
9
may determine to be in the best interests of the County. If less than all the
Bonds of any maturity of a series 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, (i) the portion of
any Bond to be redeemed shall be in the principal amount of$5,000 or some
integral multiple thereof, and (ii) in selecting Bonds for redemption, each
Bond shall be considered as representing that number of Bonds of such
series 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 date fixed for
redemption, to the registered owner of the Bonds. The County shall not be
responsible for giving notice of redemption to anyone other than DTC or
another qualified securities depository then serving 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 mailed 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.
(c) In the case of an optional redemption, the notice may state that (i) it
is conditioned upon the deposit of moneys, in an amount equal to the
amount necessary to effect the redemption, no later than the date fixed for
redemption or (ii) the County retains the right to rescind such notice on or
prior to the date fixed for redemption (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 date fixed for redemption shall not constitute an event of default, and
the County shall give immediate notice to all organizations registered with
the Securities and Exchange Commission (the "SEC") as securities
depositories or the affected Bondholders that the redemption did 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 and 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
Zo
t .
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 to 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.
•
(a) 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 name(s) as requested by the then
registered owner or its 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.
(b) The Registrar shall treat the registered owner as the person exclusively
entitled to payment of principal of and premium, if any, and interest on the
Bonds and the exercise of all other rights and powers of the owner, except
that interest payments shall be made to the person shown as owner on the
registration books on the Record Date.
8. Methods of Sale; Award of Bonds.
(a) The Bonds shall be sold through a Competitive Sale or a Negotiated
Sale, or a combination thereof, as the County Administrator shall determine
to be in the best interests of the County.
11
(b) If the County Administrator determines that the Bonds (or a portion
thereof) shall be sold through a Competitive Sale, the County Administrator
is hereby authorized, on behalf of the County and in consultation with the
Financial Advisor, to take all proper steps to advertise the Bonds for sale, to
receive public bids and to award such Bonds to the bidder providing the
lowest "true" or "Canadian" interest cost, subject to the limitations set forth
in Section 2. Following a Competitive Sale, the County Administrator shall
file a certificate with the Board setting forth the final terms of such Bonds.
The actions of the County Administrator in selling such Bonds by Competitive
Sale shall be conclusive, and no further action with respect to the sale and
issuance of such Bonds shall be necessary on the part of the Board.
(c) If the County Administrator determines that the Bonds (or a portion
thereof) shall be sold through a Negotiated Sale, the County Administrator is
hereby authorized, on behalf of the County and in consultation with the
Financial Advisor, to choose an investment banking firm to serve as
Underwriter for such Bonds and to execute and deliver to the Underwriter,
as purchaser of the Bonds, a bond purchase agreement reflecting the final
terms of such Bonds. The bond purchase agreement shall be in a form
approved by the County Administrator, in consultation with the County
Attorney, the Financial Advisor and the County's bond counsel. Following a
Negotiated Sale, the County Administrator shall file a copy of the executed
bond purchase agreement with the Board. The actions of the County
Administrator in selling such Bonds by Negotiated Sale shall be conclusive,
and no further action with respect to the sale and issuance of such Bonds
shall be necessary on the part of the Board.
(d) Following the determination of which method(s) of sale shall be used,
the County Administrator is hereby authorized to determine (i) the principal
amount of the Bonds, subject to the limitations set forth in Section 1, (ii) the
interest rates of the Bonds, the maturity schedules of the Bonds, and the
price or prices to be paid for the Bonds by the Underwriter or Underwriters,
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
Dates of the Bonds, all as the County Administrator determines to be in the
best interests of the County.
9. Official Statement. The draft Preliminary Official Statement describing the
Bonds, copies of which have been made available to the Board prior to this
meeting, is hereby approved as the form of the Preliminary Official
Statement by which the Bonds may be offered for sale to the public; provided
that the County Administrator, in consultation with the Financial Advisor,
may make such completions, omissions, insertions and changes in the
Preliminary Official Statement not inconsistent with this Resolution as the
County Administrator may consider to be in the best interests of the County.
After the Bonds have been sold, the County Administrator, in consultation
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
12
Official Statement. The County Administrator's execution of the final Official
Statement shall constitute conclusive evidence of his approval of any such
completions, omissions, insertions and changes. In addition,the County shall
arrange for the delivery to the Underwriter a reasonable number of printed
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 the Underwriter
initially sells Bonds.
10. Official Statement Deemed Final. The County Administrator is hereby
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 SEC, except
for the omission from 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 from the
Preliminary Official Statement of such pricing and other information
permitted to be omitted pursuant to Rule 15c2-12.
11. 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
hereby 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 Underwriter(s) upon payment therefor.
12. Deposit of Bond Proceeds. The County Treasurer is hereby authorized and
directed to provide for delivery of the proceeds of the Bonds to or at the
direction of the County in such manner as necessary to (a) pay the costs of
the Project, (b) refund the Refunded Bonds and (c) pay the costs of issuing
the Bonds and refunding the Refunded Bonds.
13. SNAP Investment Authorization. The Board has previously received and
reviewed the Information Statement describing the State Non-Arbitrage
Program of the Commonwealth of Virginia ("SNAP") and the Contract
Creating the State Non-Arbitrage Program Pool (the "Contract"), and the
Board hereby authorizes the County Administrator in his discretion to use
SNAP in connection with the investment of the proceeds of the Bonds. The
Board acknowledges that the Treasury Board of the Commonwealth of
Virginia is not, and shall not be, in any way liable to the County in connection
with SNAP, except as otherwise provided in the Contract.
14. Escrow Deposit Agreement. The County Administrator is hereby authorized
and directed to execute an escrow deposit agreement (the "Escrow
Agreement") between the County and an escrow agent to be appointed by
the County Administrator(the "Escrow Agent") with respect to the Refunded
Bonds. The Escrow Agreement shall be in the form approved by the County
Administrator, in consultation with the County Attorney and the County's
bond counsel, and shall provide for the deposit and investment of a portion
13
of the Refunding 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 Refunding Bond proceeds in an escrow fund (the "Escrow
Fund") that shall be sufficient, when invested in noncallable, direct
obligations of the United States Government (the "Government
Obligations"), to provide for payment of principal of and premium, if any,
and interest on the Refunded Bonds. The Escrow Agent is hereby authorized
and directed to execute initial and final subscription forms for the purchase
of the Government Obligations and such other contracts and agreements
necessary to provide for the defeasance of the Refunded Bonds as are
approved by the County Administrator, in consultation with the County
Attorney and the County's bond counsel.
15. Redemption of Refunded Bonds. The County Administrator is hereby
authorized and directed to determine, in consultation with the Financial
Advisor, which of the County's outstanding general obligation bonds, or
portions thereof, if any, shall constitute the Refunded Bonds and to call such
bonds for redemption. The County Administrator shall arrange for
appropriate notices of redemption be given to the registered owners of the
Refunded Bonds in accordance with the terms of the Refunded Bonds.
16. Arbitrage Covenants. The County covenants that it shall not take or omit to
take any action the taking or omission of which will cause any Project Bonds
or any Refunding Bonds issued on a federally tax-exempt basis (collectively,
the "Tax-Exempt Bonds") to be "arbitrage bonds" within the meaning of
Section 148 of the Internal Revenue Code of 1986, as amended, and
regulations issued pursuant thereto (the "Code"), or otherwise cause
interest on any Tax-Exempt Bonds to be includable in the gross income for ,
federal income tax purposes of the registered owners thereof under existing
law. Without limiting the generality of the foregoing, the County shall
comply with any provision of law that 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 any Tax-Exempt Bonds, unless the
County receives an opinion of nationally recognized bond counsel that such
compliance is not required to prevent interest on any Tax-Exempt Bonds
from being includable in the gross income for federal income tax purposes
of the registered owners thereof under existing law. The County shall pay
any such required rebate from its legally available funds.
17. Non-Arbitrage Certificate and Elections. Such officers of the County as may
be requested by the County's bond counsel are hereby authorized and
directed to execute an appropriate certificate setting forth (a) the expected
use and investment of the proceeds of the Tax-Exempt Bonds in order to
show that such expected use and investment will not violate the provisions
of Section 148 of the Code and (b) any elections such officers deem desirable
regarding rebate of earnings to the United States for purposes of complying
with Section 148 of the Code. Such certificate shall be prepared in
14
consultation with the County's bond counsel, and such elections shall be
made after consultation with bond counsel.
18. Limitation on Private Use. The County covenants that it shall not permit the
proceeds of the Tax-Exempt Bonds or the facilities financed or refinanced
therewith to be used in any manner that would result in (a) 5% or more of
such proceeds or facilities 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 facilities 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 any Tax-Exempt Bonds from being includable in
the gross income for federal income tax purposes of the registered owners
thereof under existing law,the County need not comply with such covenants.
19. Continuing Disclosure Agreement. The 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 Underwriter in complying with the provisions of Rule 15c2-12.
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. The execution thereof by the County Administrator
shall constitute conclusive evidence of his approval of any such completions,
omissions, insertions and changes.
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 and the refunding of the Refunded Bonds are hereby
ratified, approved and confirmed. The officers of the County are hereby
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 and the refunding of the Refunded Bonds.
21. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in
conflict herewith are hereby repealed.
22. Effective Date. This Resolution shall take effect immediately.
Exhibit A
Unless this certificate is presented by an authorized representative of The
Depository Trust Company, a New York corporation ("DTC"), to the issuer or its •
agent for registration of transfer, exchange, or payment, and any certificate is
registered in the name of Cede & Co., or in such other name as is requested by an
authorized representative of DTC (and any payment is made to Cede & Co. or to
15
such other entity as is requested by an authorized representative of DTC), ANY
TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO
ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co.,
has an interest herein.
REGISTERED REGISTERED
No. R[A/B]- $
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
ISLE OF WIGHT COUNTY
General Obligation [Public Improvement/Refunding] Bond
Series 2022[A (Federally Tax-Exempt)] [B (Federally Taxable)]
INTEREST RATE MATURITY DATE DATED DATE CUSIP
, 2022
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT: DOLLARS
Isle of Wight County, Virginia (the "County"), for value received, promises to pay,
upon surrender hereof to the registered owner hereof, or registered assigns or
legal representative, the principal sum stated above on the maturity date stated
above, subject to prior redemption as hereinafter provided, and to pay interest
hereon from its date semiannually on each and
beginning , at the annual rate stated above, calculated on the
basis of a 360-day year of twelve 30-day months. Principal, premium, if any, and
interest are payable in lawful money of the United States of America by
, who has been
appointed paying agent and registrar for the bonds (the "Registrar"). If any
payment date is not a business day, such payment shall be made on the next
succeeding business day with the same effect as if made on the stated payment
date, and no additional interest shall accrue.
Notwithstanding any other provision hereof, this bond is subject to a book-entry
system maintained by The Depository Trust Company ("DTC"), and the payment of
principal, premium, if any, and interest, the providing of notices and other matters
shall be made as described in the County's Blanket Letter of Representation to DTC.
This bond is one of an issue of $ General Obligation [Public
Improvement/Refunding] Bonds, Series 2022[A (Federally Tax-Exempt)] [B
(Federally Taxable)], of like date and tenor, except as to number, denomination,
rate of interest and maturity, and is issued pursuant to the Constitution and
statutes of the Commonwealth of Virginia, including the Public Finance Act of 1991.
This bond has been authorized and issued pursuant to two resolution adopted by
the County Board of Supervisors on January 20, 2022, to provide funds to (a)
[finance the acquisition, construction, renovation, rehabilitation and equipping of
capital improvements for various governmental purposes, including but not limited
to fire and rescue, parks and recreation, public school, public works and other
governmental facility improvements] [refund all or a portion of the County's
[ ] (the "Refunded Bonds")] and (b) pay the related costs of issuing the
bonds [and refunding the Refunded Bonds].
16
a d
•
Bonds maturing on or before , are not subject to redemption
prior to maturity. Bonds maturing on or after , are subject to
redemption prior to maturity at the option of the County at any time on or after
in whole or in part (in integral multiples of $5,000), upon
payment of the following redemption prices (expressed as a percentage of principal
amount of bonds to be redeemed) plus interest accrued and unpaid to the date
fixed for redemption:
Period During Which Redeemed Redemption
(Both Dates Inclusive) Price
[Bonds maturing on , , are required to be redeemed in part
before maturity by the County on in the years and amounts set forth
below, at a redemption price equal to the principal amount of the bonds to be
redeemed, plus interest accrued and unpaid to the date fixed for redemption:
Year Amount Year Amount
If less than all of the bonds are called for redemption, the maturities of the bonds,
or portions thereof, 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
interests of the County. If less than all of the bonds of a particular maturity are
called for redemption, the bonds within such maturity to be redeemed shall be
selected by DTC or any successor 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 date fixed for redemption, to DTC or its nominee as the
registered owner hereof. If a portion of this bond is called for redemption, a new
bond in the principal amount of the unredeemed portion hereof will be issued to
the registered owner upon surrender hereof.
In the case of an optional redemption,the notice may state that (a) it is conditioned
upon the deposit of moneys, in an amount equal to the amount necessary to effect
the redemption, no later than the date fixed for redemption or (b) the County
retains the right to rescind such notice on or prior to the date fixed for redemption
(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 holders of
the affected bonds. 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
17
date fixed for redemption 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 holders of the affected
bonds that the redemption did not occur and that the bonds called for redemption
and not so paid remain outstanding.
The full faith and credit of the County are irrevocably pledged to the payment of
principal of and premium, if any, and interest on this bond. Unless other funds are
lawfully available and appropriated for timely payment of this bond, the County
Board of Supervisors 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 taxable property within the County sufficient to pay when due
the principal of and premium, if any, and interest on this bond.
The Registrar shall treat the registered owner of this bond as the person exclusively
entitled to payment of principal of and premium, if any, and interest on this bond
and the exercise of all other rights and powers of the owner, except that interest
payments shall be made to the person shown as the owner on the registration
books on the [15th day of the month preceding each interest payment date].
All acts, conditions and things required by the Constitution and statutes of the
Commonwealth of Virginia to happen, exist or be performed precedent to and in
connection with the issuance of this bond have happened, exist and have been
performed, and the issue of bonds of which this bond is one, together with all other
indebtedness of the County, is within every debt and other limit prescribed by the
Constitution and statutes of the Commonwealth of Virginia.
IN WITNESS WHEREOF, the Board of Supervisors of Isle of Wight County, Virginia,
has caused this bond to be issued in the name of Isle of Wight County, to be signed
by its Chairman, to be countersigned by its Clerk, its seal to be affixed hereto, and
this bond to be dated the date first above written.
The motion was adopted with Supervisors Acree, McCarty, Grice, Rosie and
Jefferson voting in favor of the motion (5-0) and no Supervisors voting
against the motion.
B. Ordinance Amendment Allowing Deer/Bear Hunting with Rifles
Responsive to citizens who have expressed a desire to be able to hunt deer/bear
with a rifle in the County, which is currently prohibited under State law, County
Attorney Jones offered the following revisions for consideration:
Hunting of game and birds is allowed by rifle as permitted by State law is
clarified.
restates that within the County, muzzle loading rifles are permitted during
the prescribed open season for game as allowed by State law.
whatever minimum requirement is allowed by the State with respect to the
caliber for muzzle loading rifles is what would be allowed in the County.
permission to hunt deer and bear with a rifle with the requirement that the
person hunting with a rifle be in a stand at least ten feet above the ground;
18
.
that the rounds not be chambered into the rifle until the person is up in the
stand; that the person have written permission from the landowner to hunt
with a rifle on that land; and disabled hunters who adhere to the prescribed
State requirements would not need to be in the elevated stand.
clarifies in Paragraph (D) that a landowner who has livestock or crops that
are being damaged can obtain a kill permit from the State to shoot whatever
animals are damaging his production.
Chairman Jefferson called for persons to speak in favor of or in opposition to the
proposed Ordinance amendments.
Robert Wilson of Carrsville commented that he is not speaking for or against the
ordinance amendments; however, he is asking for safety reasons that the elevated
requirement not be changed as it might prevent a stray bullet to go further than
sight and potentially enter a person's home.
Volpe Boykin of Carrsville, a lifelong hunter, recommended that the stand be
elevated from the proposed ten feet to fifteen feet and with regard to the
requirements for disabled hunters, he would ask the Board to consider that
exception contained in most of the local codes. Further. he would suggest a Class
One misdemeanor be the penalty for violating any of the regulations placed on
hunting with rifles instead of imposing a fine. Lastly, he requested additional safety
regulations be implemented and comments by the Department of Wildlife
Resources be sought.
Matthew O'Brien of Zuni spoke in favor of the proposed amendments noting the
ten-foot rule is a good compromise. He stated there is a risk, however, in asking
young hunters to go up ten feet. He advised that the State now requires all new
hunters to go through a hunter safety class.
Chairman Jefferson closed the public hearing and called for comments from the
Board.
Supervisor McCarty stated that he has heard from several citizens, all of which are
against any compromise. He recommended that the Board hear from the
Department of Wildlife Resources before voting on the amendments.
Supervisor Acree remarked that he has a hard time with telling people what they
can do on their own land and that right now he would not vote to amend the
ordinance. He stated that property owners should be able to do what they want
on their land as long as they are following the law, but if the land is leased, rented,
borrowed or being visited on a piece of property that is not owned, then the
County's current ordinance should remain in place. .
Supervisor Rosie spoke in favor of the tree stand elevation being 15 feet for safety
and he also agreed with the five-round maximum. He stated he is in favor of the
Department of Wildlife Resources sharing information with the Board.
19
Supervisor Grice agreed with a five-round maximum and that the chamber will not
have any rounds in it while a hunter is climbing into the tree stand. He would like
to hear from other State agencies though before moving forward.
Chairman Jefferson stated he is not looking at this as a gun rights issue. His main
concern is the safety of County citizens. He stated that many trees are being cut
down in the County and deer are coming closer to the homes increasing the chance
of someone being hit by a bullet. He agreed that the Board should first hear from
the Department of Wildlife Resources before deciding.
County Attorney Jones advised that staff contact the Division of Wildlife Resources.
Supervisor McCarty moved that the Ordinance amendments be tabled until the
Board's February 17, 2022 meeting. The motion was adopted with Supervisors
Acree, McCarty, Grice, Rosie and Jefferson voting in favor of the motion (5-0) and
no Supervisors voting against the motion.
COUNTY ADMINISTRATOR'S REPORT
Stephanie Humphries, Director of Budget & Finance, provided an overview of the
Financial Report for the Second Quarter of FY2021-22 utilizing the transparency
portal.
County Administrator Keaton advised that the County received high marks with the
rating agencies for having the transparency portal.
Amy Ring, Director of Community Development, briefed the Board on the forecast
of future activity and development application activity.
Under the development application activity, she reported that there was a 49%
increase in building permits from 2017-2021; an average growth rate of almost
10%; a 13% increase in total permits issued between 2020-2021; and single-family
home permits increased 15% in 2021 and increased a total of 81% over the past
five- year period. Under Inspections and plan review activity, there was a 55%
increase in inspections performed from 2017-2022; an 11% annual growth; plans
submitted for review have increased 68%over the past five years; and 36% increase
in plan reviews from 2020-21. Under Planning & Zoning activity, a 43% increase
was experienced between 2017-2021 with a 22% increase over past year.
Under future activity forecast, Ms. Ring reported that the Weldon Cooper Center
projects continued population growth in 2030; an 8.3% increase in population
growth over the 2020 decennial census population; in 2040, a 17% growth over
2020 population; home sales activity has been strong in the County over the last
several years and is projected to continue into 2022. She advised that ODU reports
that market trend is expected to continue due to fewer homes available for sale as
well as continued strong demand.
Ms. Ring referred to an application log contained under her report for calendar
2021 which is used by staff in-house to track types of applications received; who it
is assigned to; and current status of the project.
20
Supervisor Rosie requested the above information be grouped by district.
Supervisor Grice requested standards of performance.
//
Assistant County Administrator Robertson provided a legislative update of the 2022
• General Assembly session and extended an invitation to the Board to attend
VACo/VML Legislative Day.
Staff is to draft up a letter to the Governor on behalf of the Board opposing the
proposed elimination of the 1% local sales tax for the Board's consideration.
Following a short break, County Administrator Keaton remarked that each Board
member has a map at his seat of his voting district. He advised that the County is
located entirely in the 2nd congressional district and entirely in the 17t'State Senate
district and split between the 83 and 84 House districts.
UNFINISHED/OLD BUSINESS
There was no unfinished/old business offered for discussion.
NEW BUSINESS
Application of James River Crossings, Inc., Owner, to Amend the Proffered
Conditions of the Crossings Commercial Development Located at 14217 Carrollton
Boulevard on Property to Allow Additional Subdivision of Commercial Property
While Maintaining the Limit on Commercial Building Space
Ms. Ring reviewed the following: Tax map ID#; location; current zoning; election
district; approved use; site location map; application background; proffered
conceptual plan; cash proffer changes description; and staff's recommendation
that because the proposed proffer changes do not impact the use or density of the
original project and are generally consistent with the approved master plan for the
community, staff recommends approval of the revised proffer conditions.
County Attorney Jones advised the Board that it has several options, in that it can
waive the requirement for a public hearing as the amendment does not affect
density or use or the Board can send the matter back to the Planning Commission
to go through the proper process.
Responsive to Supervisor McCarty, Ms. Ring advised that the property owner has
not provided a conceptual plan for what the new layout would look like.
Supervisor Rosie moved that the application be returned to the Planning
Commission for its review and input. The motion was adopted with Supervisors
21
w, r
Acree, McCarty, Grice, Rosie and Jefferson voting in favor of the motion (5-0) and
no Supervisors voting against the motion.
Michelle Clark, Director of Human Resources, presented a Resolution to Amend the
County's FY2021-22 Classification and Compensation Plan to increase the State
minimum wage to $11.
•
Supervisor McCarty moved that the following Resolution be adopted:
RESOLUTION TO AMEND THE POSITION CLASSIFICATION AND COMPENSATION
PLAN FOR FISCAL YEAR 2021-2022
WHEREAS, the Board of Supervisors has previously approved the FY 2021-2022
Position Classification and Compensation Plan; and,
WHEREAS, effective January 1, 2022, the minimum wage in the Commonwealth of
Virginia has been adjusted to $11 per hour and said adjustment necessitates an
amendment to the County's Classification and Compensation Plan; and,
WHEREAS, in accordance with County Policy (Chapter 1: Personnel, Article II,
Position Classification Plan and Article III, Compensation Plan), the Position
Classification and Compensation Plan containing the Salary Schedule and
Schematic List of Classes assigned to Salary Grades has been amended as
referenced in the attached exhibit in accordance with the Approved FY 2021-2022
Annual Operating Budget.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of
Isle of wight, Virginia that the amendments to the Position Classification and
Compensation Plan for FY 2021-2022 are hereby adopted and shall remain in effect
until further amended by the Board.
The motion was adopted with Supervisors Acree, McCarty, Grice, Rosie and
Jefferson voting in favor of the motion (5-0) and no Supervisors voting against the
motion.
On the subject of a proposed public private partnership to construct a farmer's
market/parking garage/restaurant facility, Judy Winslow, Director of Tourism,
provided the Board with a list outlining potential grant opportunities to assist with
funding the farmers market proposal. She advised that she has spoken with the
developer and advised that the Board would most likely not have a decision for him
by the end of this month and encouraged him to look for some potential cost
savings and an alternative plan.
Supervisor McCarty moved that the Board continue to pursue; direct Ms. Winslow
to obtain additional information; set additional meetings with the Town of
Smithfield and the developer; and table a final decision until the Board is provided
22
sufficient information to make a final decision. The motion was adopted with
Supervisors Acree, McCarty, Grice, Rosie and Jefferson voting in favor of the motion
(5-0) and no Supervisors voting against the motion
CLOSED MEETING
County Attorney Jones requested a closed meeting for the following reasons:
Consultation with legal counsel regarding potential litigation regarding a
construction contract claim where such consultation would adversely affect the
negotiating or litigation posture of this public body pursuant to subsection 7 and a
discussion regarding the performance of a specific County employee, namely the
County Attorney, pursuant to subsection 1.
Supervisor McCarty moved that the Board enter the closed meeting for the reasons
stated by County Attorney Jones. The motion was adopted (5-0) with Supervisors
Acree, McCarty, Grice, Jefferson and Rosie voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor McCarty moved that the Board reconvene into open meeting. The
motion was adopted (5-0) with Supervisors Acree, McCarty, Grice, Jefferson and
Rosie voting in favor of the motion and no Supervisors voting against the motion.
County Attorney Jones reminded the Board that in accordance with Section 2-10(G)
of the Board's Rules & Procedure, all those who participated in the closed meeting
are reminded that all matters discussed in closed meeting are to remain confidential,
as provided under the Virginia Freedom of Information Act, and that such matters as
were discussed in closed meeting should not be acted upon or discussed in public by
any participant unless and until a public, formal action of the Board of Supervisors is
taken on that particular subject matter.
Supervisor McCarty moved that the following Resolution be adopted:
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.
23
ti.. .r
VOTE
AYES: Acree, Grice, Jefferson, McCarty, Rosie
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
No action taken following the closed meeting
ADJOURNMENT
At 9:10 p.m., Chairman Jefferson declared the meeting adjourned.
41401 tResuP
Oftierli, k, Rudolph Jefferson, Chairman
Carey Mi Is Storm, Clerk
24