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06-07-1990 Regular Meeting
9~n~ .14 dw~~r~•J® 1 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SEVENTH DAY OF JUNE IN THE YEAR NINETEEN HUNDRED NINETY PRESENT: Henry H. Bradby, Chairman Joel C. Bradshaw, Jr., Vice Chairman Steven W. Edwards Thomas L. Ross Richard L. Turner ALSO ATTENDING: H. Woodrow Crook, Jr., County Attorney Myles E. Standish, County Administrator W. Douglas Caskey, Assistant County Administrator/Community Development Carey H. Mills, Assistant Cler]c Chairman Bradby called the meeting to order at 2:06 P.M. Supervisor Ross delivered the invocation. // T`'lacFarland Neblett of the Virginia Department .of Transportation stated that on Tuesday he met with the contractor, Blair Brothers Construction Company, who will be building the Route 620 project from Route 258 to Route .655 and was informed it shouldbe started by June 21, 1990. Supervisor Bradshaw stated the a3itches needed to be cleaned out around Jamestown subdivision. Mr. Neblett stated he would meet with Mr. Bradshaw on the matter. Supervisor Edwards requested Mr. Neblett to clean the ditches at Route 637 and to perform a traffic study on Route 603 in order to determine whether or not a reduction in the speed limit was justified. Supervisor Turner stated he had met with the Rising Star Church in Rescue and they requested the possibility of an adjustment to the 40 mph speed limit on Battery Park Road. Supervisor Turner moved the. Board adopt the following resolution: RESOLUTION REQUESTING THE COMMISSIONER OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ACCEFT $169,600 (REVENUE SHARING MONIES) TO BE USED AS FOLLOWS BE IT RESOLVED by the Board of Supervisors of Isle of Wight County that the Commissioner of the Virginia Department df Transportation be, and he is hereby, requested to match $100,000 of Revenue Sharing monies for the improvement of Route 600 (Project 0600°046® 239,M501). The Commissioner is further requested to match $69,600 of Revenue Sharing monies to bring certain streets into the State Secondary Highway system provided these streets meet the requirements of Section 33.1 - 72.1. If the Revenue Sharing monies, totaling $69,600, (for bringing certain streets into system) .are not utilized by June 30,.1991, the County, by resolution, will designate the remaining funds to secondary projects in the Six Year Plan. The motion to adopt said resolution passed by unanimous vote (5-0) . f/ chairman Bradby called for the public hearing on the proposed 1 1 1 ~~crc 14:;::~~'~1 2 1 1 1 budget for the County of Isle of-Wight for the fiscal. year July 1, 1990 through June 30, 1991. Linda Bean, Director of Social Services, stated she brought copies of the Social Services Budget showing each line item. Ms. Bean continued .that she would like to go through the amounts requested for next fiscal year that Social Services expects to spend this fiscal year. Ms. Bean-stated Line item #4, Auxiliary Grants,. which is used to'assist people in staying or remaining in homes for adults, 'is requesting. $74, 400 next fiscal year and Social Services expects~to expend $73,024 this year; Line item ,~8, Aid to Dependent Children/Manual Checks, is utilized when checks are stolen or anemergency situation exists and. can't wait for the check to be generated from Richmond to the individual. Ms. Bean stated that Social Services has budgeted every year for the past ten years the same amount of $500 and that this money is totally reimbursable with no local money; Line item #l0, Aid to Dependent Chi dren/Emergency Assistance, is utilized to. assist people in emergency situations such as fire. Ms. Bean continued that Social Services is requesting $l,ODO, the same amount that Social Services has been requesting for the past five years with no .local dollars; Line item #il, Aid to Dependent Children/Foster. Care, Social Services is requesting $34,992 for next .fiscal year and' Social Services expects to expend $26,654 this year with the increase due to the fact that three new children were added .and the General Assembly increased the foster Gare rates by 5~ effective July i, 1990; Line item #12, Adoption Subsidy, these funds are used to assist individuals in adopting. difficult to place children who normally have. a lot of high expenses. Ms. Bean stated Social Services is requesting $19,467 and this year $7,300 will be spent with increases being due to one additional child being added and it has been mandated to increase rates per child in accordance with the. rates for foster care; Line item X13, General Relief, which has been extremely successful this past year in assisting our general relief clients in appealing their SII denials and as a result have. received in refunds from SII $14,675 and without these refunds would have spent $59,447, Social Services is requesting $68,395 and this year expects to expend $44,772. Ms. Bean continued that the general relief program-:is one.. that if money has not been received at the first of the year from the State, Social Services cannot go back and get a supplement so ..unless the amount is~ budgeted and approved on what we know Social Services might need for the year., and. if for some ;reason the refunds -are not obtained that were received this past year, Social Services would either have to shut the program down. or to drop it dramatically. Ms. Bean stated these individuals only receive $1.13 per month and if cut, it would be next to impossible for people to sustain themselves. Ms. Bean continued .with. Line item #15, Foster Care, social Services this year would be spending $56, 503 and are .requesting for next year $48,289 which is a decrease. Supervisor Edwards questioned why there is nothing listed under special adoption and Ms. Bean replied that Social Services dfd not have any children who fall under this category at this time. Ms. Bean explained that there are two programs far subsidy for adoption because there are two different kinds of foster care of which there are State and local foster care and an Aid to Dependent Children foster care. Ms. Bean continued that one subsidy. is for children who fall into one of these categories and the other is for the other. Ms. Bean continued with Line item #23, Foster Care Services, which are purchased services and are used to purchase physiatric evaluations, treatment and residential care for foster care children in which these children cannot be maintained in the regular foster care homes and cannot be served by local public schools with currently three children in special placements and two more in need. Ms. Bean stated Social Services this year will. expend $36,615 and are requesting $54,000 next year; Line item ,~24, Other Purchased Services, Social Services is expending $36,614 this aooK 14 ~~~:~5~? 3 year and next year which is not a request but an allocation over which there is no control because Social Services is only getting $30,922.. Ms. Bean continued that of the $36,614 an amount of $800 is to be used for adult protective services, $1,500 for prevention services, $18,322 for companion services, $300 for child protective services and $10,000 for employment services which is used for transportation of handicapped individuals to .and from Tidewater Occupational Center where they are gainfully employed; Line item #`25, Aid to Dependent Children/Day Care, Ms. Bean stated Social Services will spend $12,000 this year and are requesting $14,499 next year; Line item #25A, Jobs/Day Care, which is a new federally mandated program with no money expended this year because it is not currently an existing program, Social Services received an allocation of $13,145; Line item ,~25B, Transitional Day Care which is used for clients who are transitioning from welfare dependents to self support through employment and is a new program, Social Services will spend $832 this year and the allocation and request for next year is $23,572; Line item #27, Employment Services Program/Aid to Dependent Children, Social Services will spend $3,056 this year with allocation for next year of $1,891; Line item ,~29, Prevention/Foster Care, these monies are utilized to attempt to prevent foster care, Social Services-will expend $3,265 this year and are requesting $5, 375 for next year.; Line item ~`29A, Adult Services, Social .Services will expend $114,251 this year and requesting $161,362 next year which includes $2,500 for adult day care and the remainder far companion services which provides for a personal care companion for homebound and elderly disabled individuals for a maximum of twenty hours per week. Ms. Bean continued that without these services, these individuals would have to enter nursing homes and social Services currently serves fifty individuals, anticipates serving sixty next year and currently pays companion providers $2.75 per hour. Ms. Bean stated the General Assembly has mandated that this rate be increased next year to a minimum of $3.10 per hour. Ms. Bean continued that the cost for one individual to receive one year's care through the companion service is .$1,550 and if this .individual had to enter a nursing home, it would cost anywhere between $10,000 and $12,000 per month; Line Item 29B, Child Day Care/Fee System, which provides assistance for day care only to below income families who could not, without help, pay for day care for their children while they work. Ms. Bean stated the amount Social Services will assist with is based on a sliding fee scale determined by the household income. Ms. Bean continued that this is a r®latively new program. Social Services will expend $8,000 this year and are requesting $24,112 for next year; Line item X30, Employment Services Program/General Relief, Social Services anticipates expending $500 next fiscal year with no current allocation for this. Ms. Bean continued with Administration and. explained that she would not go line by line because the State Department has changed the way different expenses are charged. Ms. Bean stated on total Administration, which includes all the different breakdowns on Line items ,~31 through ,~60, she would deal only with the total figure and continued that Social Services expected to expend $995,185 this year and are requesting $1,182,192 next year. Ms. Bean stated that this line item includes everything from salaries and fringe benefits for the entire staff to rent, utilities, supplies, insurances, gasoline, auto repair, janitorial costs, maintenance of the parking lot, telephone and postage, etc., and includes a State wide adjustment to salary scale and a 6$ cost of living increase. Ms. Bean continued that increases are anticipated next year in FICA, postage, workmens compensation, all of the service contracts, all of rentals and in gasoline. Ms. Bean continued with Line item ,$40, local only expenses that are non-reimbursable, Social Services is expecting to expend $286 of these local only dollars this year and requesting $100 for next year; Line item,$45, Compensation to Board Members, Social Services is expecting to expend $Z,b00 this year and are requesting $3,000 for next .year which brings the Board to the bottom line which Social Services anticipates this year. to expend a grand total of $1,386,091 and are requesting $1,7618713 for next year. n i ~on~ 14'~'~`J~ 4 Supervisor Ross asked Ms. Bean what Line item X32, Services Administration, included. 1 Ms. Bean explained that Social Services has to separate out for reimbursement and for making charges the eligibility workers from the service workers and that this Service Administration includes all of the Social Workers as opposed to the eligibility. Ms. Bean continued all of the Social Work Supervisors,. half of the clerical staff, half of the administrative staff and all the costs associated with these people, including their portion of the rent, utilsties, gasoline, supplies and all other items. Supervisor Ross questioned why the requirement is heavy on the local-end of it. Ms.-Bean stated that for every .line item in the budget, an allocation is received from the State Department and that allocation is far off. Ms. Bean explained that the State Department uses a base year that. goes back to a year when Social. Services in Isle of Wight received 8J10 of 1$ salary increase and Social Services had a 33$ turnover in staff which. made the base year way off. Supervisor Turner asked Ms. Bean to expand on Social Workers and eligibility workers. 1 Ms. Bean explained Social Services has 54 different funding sources that are worked with every day and these funding sources are relative to any money coming in to Social Services and any checks that are written going out. Ms. Bean continued that Social Services has certain line items that different expenses are charged to and with Administration, one part of money is received that is for Eligibility Administration to include all the expenses for the staff and the associated expenses for people who are to administer eligibility programs to include age .dependent children, medicaid, foster care, auxiliary grants, State/local hospitalization, general relief. Supervisor Turner asked if an individual on Ms. Bean's staff may have some expenses involved in the eligibility and also social end of it. Ms. Bean replied. that only those people who perform joint functions would be charged to both and those would include the Assistant Director, the Director, and the clerical staff. Supervisor Turner asked Ms. Bean to give a general description of the Social Workers job. Ms. Bean replied she has four Social Workers whose job it is to do child protective services, investigation services and prevention; two whose jobs it is to provide foster care services, adoptions and court reports; one whose job it is to provide all the day care services in the County; one who is an employment services worker in which it is her job to get people into. training and secure employment; and three who are adult services workers in which it is their job to link people up with the companion providers and includes adult protective services. Supervisor Turner commented that there was a discussion with one of the Board members about not having enough staff and questioned Ms. Bean if the. staff was short on this side of it or staff being short on the eligibility workers. Ms. Bean replied on both sides and continued that according to State averages, Social Services is understaffed by eight people. Supervisor Ross asked whether the additional funding request would bring Ms. Bean up to full staff. ~nrK 14 ir;.~5~4 5 Ms. Bean replied no, that the additional funding would add only two people. Colonel V. Oliver Wooster approached the podium and stated that the Department of Social Services in Isle of Wight has a staff of thirty four people in which it is their job to administer those social services programs as mandated by the State and Federal Government on behalf of the citizens of Isle of Wight County. Colonel Wooster continued that some people might find a few of the Social Services programs objectional, but that these programs are required. by law and that the staff administers these programs in a manner that is among the most effective and efficient in the State. Colonel Wooster stated that. the staff has managed to do this while being understaffed by 24$ according to State averages for manageable size case loads and that this means that case workers are carrying case loads far larger than the State average and that on top of the additional work loads, the County expects the staff to do this on salaries which are considerably lower. than those offered in nearby localities. Colonel Wooster further stated that in the past, the Isle of Wight County Social Services Board has attempted to be extremely conservative to keep costs to a bare minimum and as a result of these efforts, Social Services has lost thirty five employees in the past five years with 80~ of these employees going to Social Services agencies in Hampton, Newport News, York, Poquoson and Suffolk for higher paying jobs. .Colonel Wooster commented that others more recently have gone to work for the School Board and wanted to know how long Social Services could experience this. kind of turn over and still expect the excellent results expected from-this department. Colonel Wooster stated that if the Board of Supervisors approves the budget as recommended by the County Administrator, the first thing the Social Services Board will have to do is to deny any salary increases for next year and even to lay off staff and the second thing to do is discontinue the adult day care companion program. Colonel Wooster continued that this program enables .fifty aged and disabled citizens in our County to remain in-their homes as opposed to entering nursing homes or remaining home alone .which could be a potentially dangerous situation.. Colonel Wooster stated Social Services is requesting approval of the budget as submitted to the County for a total amount of .$1,767.,713 to include $629,685 local dollars and that~if the Board of .Supervisors would approve the budget, Social Services will continue to seek additional Federal and State funding-thus reducing the local dollar need. Colonel Wooster continued that in the past six months he had met with Senator Holland and Delegate Councill on two occasions and also met with the State Commission, Larry Jackson, and Ray Goodman, who is the Deputy Commissioner. Colonel Wooster stated that in addition, Social Services has joined the Southside Coalition of Local Service Boards and have attended their meetings which have been helpful and informative. Mannie Jones approached the podium to talk about the companion services stating she provides services for residents in the Zuni and Windsor areas where she goes into the resident's home to provide health care, such as bathing, washing, and fixing meals. Chairman Bradby stated that the .Board of Supervisors would not be approving the Social Services budget today, but would consider the Social Services request. Supervisor Turner stated the Board would look at the Social Services budget carefully and take into consideration the mandates sent down from the State and Federal governments. .Supervisor Turner continued that Colonel Wooster has served long and faithful on the Social Services Board and thanked him for his many years of service. 1 i~ J Cl Supervisor Bradshaw requested the Board look for ways to come up with .the needed additional money for the Social Services budgete a~r~ 14 •.:.~~ ~ 6 Chairman Bradby asked for comments on the fiscal year budget. 1 Diane Trier of the Isle of Wight. Rescue Squad approached the podium and stated that through an error on the Rescue Squad's part, they had neglected to include capital improvement money in their budget request. Ms. Trier continued that in this year alone, $8,500 has been spent in vehicle maintenance and that due to breakdowns., a new ambulance is desperately needed. Ms. Trier stated it would cost approximately $90,000 to purchase. and equip a new ambulance and requested the-Board to approve the additional request of $40,000. Supervisor Turner-recommended to the Board that the County Administrator be instructed to see what avenues could be taken to provide the additional $40,000 to the Ysle of Wight Rescue Squad for the purchase of a new ambulance. Alan Nogiec, Director of Parks & Recreation, asked for the Board's consideration to fund a supervisory level position. Mr. Nogiec stated this position would requ-ire the person to deal with management activities and maintenance activities.. Supervisor Ross asked Mr. Nogiec who was handling this position now. Mr. Nogiec :stated he was previously handling these duties, but with the additional duties lately, that this is no longer working out. U Fred Thompson of the Windsor District spoke in regards to the budget stating he wanted to commend the Board of Supervisors for approving the School Board's budget for this year. Mr. Thompson continued he believes that now that the Board of Supervisors has granted the School Board the funds, the School Board should now give the Board of Supervisors a good faith promise- that these things will be accomplished .for the educational system in Isle of Wight County and that the citizens of Isle of Wight County would like to hear what .the School Board is going to do with these. funds. Mr. fihompson stated-that for two decades the educational needs of a .segment of .the population had not been met. Mr. Thompson continued that there were new positions in the Budget which he felt were not needed and asked the Board to consider the needs of the citizens of Isle of Wight County in making future decisions concerning the School Board. County Attorney-Crook stated the Board of Supervisors would act. on the Budget at the June 21, 1990 meeting. Chairman Bradby called for the public hearing on the following rezonings: 1. The application of David Brown for a change in zoning classification from R-2, Residential General to R-MH-A, Rural Mobile Home District, .25 acre of land located. on .the north side of Roosevelt Avenue between Lincoln Avenue and CArver Raad, in Windsor Magisterial District. The purpose of the application is for the permanent location of one (ly mobile home. David Brown appeared. County Attorney Crook stated the subdivision was platted before the County had a subdivision ordinance and a lot of it was developed, although not all. Mr. Crook continued that the County went in and took the right-of-way and paved the roads where there was development and that since that time, it has continued to develop. Mr. Crook continued that Mr. Brown wants to develop on a corner of the road which has not been completed., but that Mr. Brown did have public right-of-way to-the property. eons 14 ,r~:5~ Supervisor Bradshaw moved the Board approve the application of David Brown. The vote in favor was unanimous (5-0). 2. The application of Milton V. Bailey, Jr. owner and R. Forrest Scott, prospective owner for a change in zoning classification from A-2, Agricultural Limited to C-B-1, Conditional Business General,. .32 acre of land located on the south side of Routes 258 & 32 between Route 665 and Routes 10 & 32, in Newport Magisterial District. The. purpose of the application is for an electrical, plumbing and heating contractor's office, shop and storage. R. Forrest Scott appeared. Supervisor Ross moved the Board approve. the application of Milton V. Bailey with the attached proffers. The vote in favor was unanimous (5-0). 3. The application of Thornhill Enterprises, LTD. for a change in zoning classification from A-~ 1, Agricultural Limited to C-R-A, Conditional Rural Residential, six (6) acres of land located on the east side of Route 623 between Route 621 and the Surry County Line,. in Hardy Magisterial District. The purpose of the application is for a residential subdivision of no more than three (3) lots.. Richard Hawkins appeared on behalf of the applicant. Supervisor Turner moved the Board approve the application of Thornhill Enterprises, LTD. The vote in favor was unanimous (5- O) . Chairman Bradby called for a public hearing on the fallowing ordinances: 1. An Ordinance To Amend Chapter 15, Article I, of the Isle of Wight County Code by Adding Thereto Section 15-1.1 to Assess a Fee of 52.00 in All Criminal and Traffic cases for Courthouse Construction, Renovation or Maintenance County Attorney Crook stated the General Assembly adopted a statute this. year with considerable debate and as a result made it effective for only ane year and one day beginning July 1, 1990 and ending July 1, 1991 which authorizes the County,•city, or town to add $2.00 as court costs on every warrant, traffic, and criminal matter. County Attorney Crook continued that he has prepared the ordinance which has been properly advertised and discussed it with the Judges who expressed unanimous consent to it. County Attorney Crook stated he recommends the ordinance to the Board as a means of helping to defray the costs of the. new jail and that these fees have to be earmarked for the purposes specified in the statute. Supervisor Turner moved the Board adopt the following ordinance: AN ORDINANCE TO AMEND CHAPTER 15, ARTICLE I, OF THE ISLE OF WIGHT COUNTY CODE BY ADDING THERETO SECTION 15-1.1 TO ASSESS A FEE OF $2.OO IN ALL CRIMINAL AND TRAFFIC .CASES FOR COURTHOUSE CONSTRUCTION, RENOVATION OR MAINTENANCE 1 i~ o~PK 14.a~~~5'~7 WHEREAS, the General Assembly of Virginia in 1990 Session, by an Act embodied in Section 14.1-133.2 of the Code of Virginia authorized any county, city or town through its governing body to assess as part of the fees taxed as costs in each criminal or traffic case in a district or circuit court a sum not in excess of two dollars ($2.00) for disbursement by the governing body for the construction, renovation or maintenance of courthouse or jail. and court-related .facilities and to defray increases in the costs of heating, cooling, electricity and ordinary maintenance; and WHEREAS, .the County of .Isle of Wight is incurring a large indebtedness in and about the construction of a jail and the imposition of such a fee would aid the County in meeting. its obligations-for said jail and would help to defray the costs 'of same as well as to defray increased costs in and about courthouse construction, maintenance and increased costs of heating, cooling, electricity and ordinary maintenance. NOW, THEREFORE., BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that the Isle of Wight County Code adopted December 3, 1981, be and is hereby amended to add the following Section to Chapter 15, Article I, as Section 15-1.1: Section 15-1.1. Assessment for construction,. renovation or .maintenance of courthouse or jail and court-related facilities. There is hereby assessed the sum of two dollars ($2.00,) in each and every criminal and traffic case filed in the General District Court, the Juvenile and Domestic Relations District Court, and the Circuit Court of Isle of Wight County, Virginia, which shall be collected by the Clerk of said Court in which the action is filed and remitted to the Treasurer of the County of Isle of Wight and held by said Treasurer subject to disbursements by the Board of Supervisors of Isle of Wight County, Virginia, for the construction., renovation or maintenance of courthouse or jail and court-related facilities and to defray increases in the costs of heating, cooling and electri-city, and ordinary maintenance. The assessment provided for herein shall be in addition to any other fees prescribed by law. The provisions of this ordinance shall be effective July 1, 1990, and shall .expire July 1, 1991 unless-authorized for an extended period of time by the General Assembly of Virginia and by amendment hereto to such effect by the Board of Supervisors of Isle of Wight County, Virginia. The motion to adopt said ordinance passed by unanimous vote (5-0) . 2. An Ordinance to Amend the Zoning Ordinance of Isle of Wight County to Increase the Time Limit on Recordation of .Boundary Plats County Attorney Crook stated that the .zoning ordinance requires the property rezoned to be platted and recorded before the zoning takes effect, but that the County does not require the plat prior to the rezoning being approved so that the person does not spend the time and money for the plat and then his rezoning be denied. County Attorney Crook continued that at one point in time there was a six months requirement and at the request of a Board member it was cut down to a very short period of time which has been found to be impractical. County Attorney Crook stated there is more time needed to accomplish the platting and therefore is being recommended by himself and the Planning Commission that. the time be increased to six months for recording the rezoning plat. Supervisor Turner moved the Board adopt the following ordinance: pArK ~~ ~i ~•~V ,J~.I 9 AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF ISLE OF WIGHT COUNTY TO INCREASE THE TIME LIMIT ON RECORDATION OF BOUNDARY PLATS BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that Section 13-1-3 of the Zoning Ordinance of Isle of Wight County, Virginia, be amended to read as follows.: 13-1-3. Petitions by property owners for change in the zoning classification of property shall be accompanied by a certified check for four hundred dollars ($400.00} payable to the treasurer. In addition, an application for rezoning shall require a plat to be prepared in accordance with the requirements of the Subdivision Ordinance, which must be recorded in the Clerk's office far the Circuit Court of Isle County, Virginia, prior to the rezoning taking effect. If a boundary plat of the rezoned area is not recorded in said Clerk's office within six months~of the approval of same by the Board of Supervisors of Isle of Wight. County, Virginia, then said rezoning will be null and void and the property will revert to the zoning classification existing prior to the action of the Board of Supervisors. The motion to adopt said ordinance passed by unanimous vote (5-0). // Chairman Bradby called for Citizens Comments. No one appeared. // Chairman Bradby called for the Community Development report. W. Douglas Casket', Assistant County Administrator/Community Development, asked for the Board°s consideration of the following plats: 1. Plat of property. of Otis Cannon, located on Route 661 west. of .Route 17 and adjaeent to the west side of Cannon Acres Subdivision. supervisor Turner moved the Board approve the plat of property of Otis Cannon. The vote in favor was unanimous (5-O). 2. Plat of property of Harry and Linda Williams, located .85 mile north of Route 621 on the east side of Route 623.. ° Supervisor Edwards moved the Board approve the plat of property of Harry and Linda Williams. The vote in favor was unanimous (5-0}. 3. Plat of property of Cleo J. and Barbara J. Thornhill, located .85 mile north of Route 621 and the east side of Route 623. .Chairman Bradby moved the Board approve the plat of Cleo J. and Barbara J. Thornhill. The vote in favor was unanimous (5-0). Mr. Casket' stated that before the Board was a Declaration of Restrictions for the Waterford Oaks Subdivision as submitted by H. W. Roberson, Incorporated. Mr. Casket' continued that at the November 3, 1988 meeting, the Board of Supervisors approved the conditional rezoning subdivision subject to proffered conditions and that one of the proffered conditions was that the County Board 1 1 a~r~ ~4 .~:.~ ~~ 10 U I~ C of Supervisors would approve the restrictive. covenants applicable to the Waterford Oaks project. Mr. Caskey stated that in reviewing the restrictive covenants they do comply with the proffered conditions. County Attorney Crook advised the Board that he had not reviewed the covenants and should before the Board of Supervisors took any action. Supervisor Edwards moved the. Board table the Declaration of Restrictions for the Waterford oaks Subdivision to the June 21, 1990 meeting of the Board of Supervisors. The vote in favor was unanimous {5-0). Mr. Caskey stated the Chesapeake Bay .Local Assistance Department has notified al local jurisdictions of the availability of grant funds and the need far the procurement of Requests For Proposals from localities who have an interest in seeking financial assistance in implementing the Chesapeake Bay Preservation Act. Mr. Caskey further stated the Chesapeake Bay Local Assistance Program has submitted Requests For Proposals to localities with a deadline of June 22, 1990 and total money available statewide for FY99 is $1.3 million in which a local match of cash contribu~:ions will be required. Mr. Caskey continued that staff would be coming before the Board at their June 21, 1990 meeting with a proposal for their consideration. /! Chairman Bradby called for the County Attorney's report. County Attorney .Croak stated to the Board that he would like. to.-make a report .concerning the bond situation to clear up misunderstandings. which -have been in the newspapers. County Attorney-Crook continued that the Order for the Special Election in the :County of Isle of Wight was submitted to the citizens as the issue of the County being treated as a city for the purpose of issuing bonds. County Attorney Crook continued that in that Order which was entered by the Circuit Court Judge, .the Order directed the County Clerk to post .and advertise the. Order in a newspaper prior to the Referendum and that it was unfortunate that that term was used as the County Clerk legally is the Circuit Court Clerk and that the history for its use of the term County Clerk w.as because the Circuit Court Clerk used to sit for the Board of Supervisors as the County Clerk. County Attorney Crook continued that .now we usually distinguish between the Circuit Court Clerk and the Clerk of the Board of Supervisors as they .are two separate officers and in the Order that was entered, it did say that the Clerk of County shall cause a notice of the Referendum be published. County Attorney Crook stated he was not sure what happened, but it was not done although it was in the Order of the Court but was not required by statute. County Attorney Crook continued the matter was taken up with the Judge and the Judge saw no problem with it and entered an Order yesterday morning stating "Although appearing to the Court that there was no evidence the Court's Orders requirements of newspaper publication of the notice of .Referendum and the pasting of a copy of such notice at the door of the County Courthouse were satisfied, it is hereby found and determined that the registered voters of the County received adequate notice of the Referendum whether or not notice of the Referendum was. published and posted as required by the Order, that. the election was duly held. in a manner required by law and that a majority of the qualified voters in the County voting on the question voted in favor of the County being treated as a city for the purpose of issuing its. bonds and that it is hereby judged and ordered that the County shall hereafter be treated as a city for the purpose of issuing its bonds. and that the Clerk of the Court shall certify a copy of this Order to the Board of Supervisors." County Attorney Crook stated this was entered yesterday and should eliminate any questions on whether or not the referendum was done according to the Court's Order. 8(I~K ~4 ~~r,~~(t!1 11 County Attorney Crook advised that he had a resolution for the Board's consideration for the issuance of the bonds of Isle of Wight County. Supervisor Turner moved the Board adopt the following resolution: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $5,000,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES OF 1990, OF ISLE C?F WIGHT COUNTY, VIRGINIA, HERETOFORE AUTHORIZED, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF WHEREAS, the issuance of bonds of Isle of Wight County, Virginia (the "County"), in the maximum• aggregate amount of $9,000,000 was authorized by a resolution .adopted by the Board of Supervisors on June 7, 1990, of which (a) $7,458,000 was authorized for the County's share in the Western Tidewater Regional Jail Facility, (b) $942,000 was .authorized for the construction of a courthouse complex expansion, and (c) $600,000 was authorized for the costs of a landfill closure, none of which bonds have been issued and sold; WHEREAS, the County has determined to•issue $50000,000 of such bonds, consisting of $3,458,000 of the $7,458,000 authorized for the Western Tidewater Regional Jail Facility and all of the authorized amounts for the courthouse complex expansion and .improvements-and the landfill closure.; BE IT RESOLVED BY THE BOARD OF SUPER`YISORS OF ISLE OF WIGHT COUNTY VIRGINIA: 1. Issuance and Sale. There are authorized to be issued and sold all of the $5,000,000 general obligation public improvement bonds described above. 2. Bond Details,. The bonds shall be designated "General Obligation Public Improvement Bonds, Series of 1990 (the "Bonds"), shall be dated July 1, 1990, and shall be numbered R-1 upward. The Bonds shall mature in installments of $250,000 on July 1 in each of the years 1991 to 2010, inclusive. Each Bond shall bear interest at such rate as shall be determined at the time of sale, payable semiannually on January 1 and July 1, beginning on January 1, 1991, (a) from July 10 1990, if it is authenticated prior to January 1, 1991, or (b) otherwise from the January 1, or July 1 that is, or immediately precedes,. the date on which is authenticated (unless payment of interest thereon is in default0 in which case such Bond shall bear interest from the date to which interest has been paid). Principal and premium, if any, shall be payable to the registered owners upon surrender of bonds as they become due at the principal corporate trust office of Crestar .BankO Richmond, Virginia (the "Registrar"). Interest shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Registrar on the fifteenth day of the manth preceding each interest payment date. Principal, premium, if any, and interest shall be payable in lawful money of the United State of America. 3. Redemption Provisions. Bonds. maturing on or before July 1, 20000 are not subject to redemption prior to maturity. Bonds maturing an or after July 1, 2001, are subject to redemption prior to maturity at the option of the County on or after July 1, 2000, in whole at any time or in part on any interest payment date, upon payment of the principal amount of the Bonds to be redeemed plus interest accrued and unpaid to the redemption date and a redemption premium of one-quarter of one percent (1/4 of 1$) of such principal amount for each six-month period, or part thereof, between the redemption date and the stated maturity dates of the Bonds to be redeemed, provided that the redemption premium shall not exceed 2$ Lei i 1 eocr 14 :~l:~f Ui 12 of such principal amount. 1 1 If less ,.than all of the Bonds are called for redemption, the Bonds to be redeemed shall be selected by the County's chief financial officer in such manner as he or she 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 to be redeemed within such maturity shall be selected by the Registrar by lot. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some multiple thereof and (bj in selecting.. Bonds for redemption, .each Bond shall be considered as representing that number of bonds which 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 registered or certified mail, not less than 30 nor more than 60 days prior to the redemption date, to the registered owner of each bond to be redeemed at his address as it appears on the registration books kept by the. Registrar. If a portion of a Bond. is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof shall be issued to the registered owner upon the surrender thereof. 4. Execution and Authentication. The Bonds shall be signed by t he manual or facsimile signature of the Chairman of the Board of Supervisors, shall be countersigned by the manual or facsimile signature of the Clerk of the Board of Supervisors, and the County's seal shall be affixed thereto or a facsimile thereof printed thereon. No Bond signed by facsimile signatures 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. The Bonds shall be in substantially the following form: REGISTERED REGISTERED No. R° ~ UNITED STATED OF AMERICA COMMONWEALTH OF VIRGINIA ISLE OF WIGHT COUNTY ..General Obligation Public Improvement Bonds, Series of 1990 INTEREST RATE MATURITY DATE DATED DATE CUSIP July 1, July 1, 1990 REGISTERED OWNER: PRINCIPAL AMOUNT.: Isle of Wight County, Virginia, (the "County"j' for value received, hereby promises to pay, upon surrender hereof at the principal corporate trust office of Crestar Bank, Richmond, Virginia. .(the "Registrar"), 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 thereon semiannually on each January 1 and July 1, beginning January 1, 1991, at the annual rate stated above. Interest is payable (a) from July 1, 1990, if this bond is authenticated prior to January 1, 1991, or (b) otherwise from the January 1, or July 1 that is, or immediately precedes, the date. on which this. bond is authenticated (unless payment of interest hereon is in default, i which case this bond shall bear interest from the date to which interest has been paid). Interest is payable by check or draft mailed to the person shown as owner.. hereof at his address as it ~soK 14 r~`:`f Q? 13 appears on the registration books kept by the Registrar on the 15th day of the month preceding .each interest .payment date. Principal and interest are payable in lawful money of the United State of America. THE PROVISIONS OF THIS BOND ARE CONTINUED ON THE REVERSE HEREOF, AND. SUCH CONTINUED PFOVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH ON THE FACE THEREOF. 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 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. This bond shall -not be valid until the Registrar shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. IN WITNESS WHEREOF, the Isle of Wight County, Virginia, has caused this bond to be signed by the facsimile signature of the Chairman of the Board of Supervisors, to be countersigned by the facsimile signature of the Clerk of the ~ Board of Supervisors, a facsimile of its seal to be printed hereon, and this bond to be dated July 1, 1990. COUNTERSIGNED: Clerk, Board of Supervisors, Chairman, Board of Supervisors Isle of Wight County, Virginia Isle of Wight County, Virginia Date Authenticateds June 7. 1990 CERTIFICATE OF AUTHENTICATION This bond is one of the bonds described in the. within mentioned resolution. CRESTAR BANK, Registrar By Authorized Officer (Reverse of Bond) ADDITIONAL BOND PROVISIONS This bond is one of an issue of $5,000 General Obligation Public Improvement Bonds, Series of 1990, of like date and tenor, except as to number, demonination, rate of interest, privilege of redemption and maturity, which are issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including .the Public Finance Act, to provide funds,. together with other available funds, to finance various public improvements. The bonds have been authorized pursuant to a resolution adopted by the County Board of Supervisors on June 7, 1990, authorizing public improvement bonds in an amount not to exceed $9,000,000, and have been issued pursuant to a resolution adopted by such Board on the same day. Bonds maturing on or before July 1, 2000, are not subject to redemption prior to maturity. Bonds maturing on or after July 1, 2001, are subject to redemption prior to maturity at the option of the County on or after July 1, 2000, in whole at any time or in part on any interest payment date, upon payment of the principal amount of the bonds to be redeemed plus interest accrued and unpaid 1 U 14 ~--- 1 to the redemption date and a redemption premium of one-quarter of one percent (14 of 1$) of such principal amount for each six-month period, pr part thereof, between the redemption date and the stated maturity dates of the Bonds to be redeemed, provided that the redemption premium shall not exceed 2$ of such principal amount. If less than all of the bonds are called for redemption, the Bonds to be redeemed shall be selected by the chief financial officer of the County in such manner as he or she 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 to be redeemed within such maturity shall be selected by the Registrar by lot. In either case, (a) the portion of any bond to be redeemed shall be in the principal amount of $5,000 or some multiple thereof and (b) in selecting bonds for redemption, each bond shall be considered as representing that number of bonds which 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 registered or certified mail, not less than 30 nor more than 60 days prior to the redemption date, to the registered-owner of each bond to be redeemed at his address as it appears on the registration books kept by the Registrar. If a portion of this Bond is called for redemption, a new bond in principal amount equal to the unredeemed portion hereof shall be issued to the registered owner upon. the surrender thereof. The County has designated the bonds as "qualified tax-exempt obligations" for the purpose of Section 265 (b) (3) of the Internal Rewenue Code of 1986, as amended. The full faith and credit of the County are irrevocably pledged for the payment of principal of and interest on this bond. The .bonds are issuable as fully registered bonds in demonnatons of $5,000 and multiples thereof. Upon surrender of this bond at the principal 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 and deliver in exchange, a new bond or bonds having an equal aggregate principal amount, in authorized demoninations, of the same forma nd maturity, bearing interest at the-.same rate, and registered in names as requested by the then registered owner hereof or his duly authorized attorney or legal representative, all subject to the limitations and conditions provided in the resolutions providing for the issuance of the bonds. 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. 1 The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal,: premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as owner on the registration books on the 15th day of the month preceding each interest payment date. ASSIGNMENT FOR VALUE RECEIVED the .undersigned hereby sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE: ~fl~~ ~4:~~:~so~~ 15 the within bond and all rights thereunder, hereby irrevocably constituting and appointing Attorney, to transfer said bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed NOTICE: Signature(s) must be guaranteed by a member .firm of the New York Stock Exchange or a commercial bank or trust company. (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the registered owner as it appears on the front of this bond in every particular, without alteration or enlarge- ment or any change whatsoever. 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 interest on the Bonds. Unless other funds are lawfully .:available and .appropriated for timely .payment of the Bonds, the Board of Supervisors shall levy and collect anannual ad valorem tax, without limitation as to rate or amount, on all locally taxable property in the county sufficient to pay the principal of and interest on the Bonds, as the same become due and payable. 7. Registration, Transfer,. and Owners of Bonds. Crestar Bank, Richmond, Virginia is appointed paying agent and registrar of the Bonds (The "Registrar"). The Registrar shall maintain registration books for the registration of Bonds. Upon surrender of any Bonds at the principal corporate 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 paragraph 4, and shall deliver in exchange, a new Bond or Bonds having an equal. aggregate principal amount, in authorized deinoninations, of the same form and maturity, bearing interest at the same rate, and registered in names as requested by the then registered owner or _hs 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 requited to be paid with respect thereto. The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as owner on the registration books on the 15th day of the month preceding each interest payment date, 8. Notice of Sale. The County Administrator, in collaboration with Municipal Advisors Incorporated, the County's financial advisor, is authorized and directed to take all. proper steps to advertise the Bonds for sale substantially in accordance with the form of Notice of Sale attached hereto, provided that the County Administrator, in collaboration with the County's financial advisor, may make such changes in the Notice of Sale not inconsistent with this resolution as he may consider to be in the 1 i 1 16 1 1 best interest of the County. 9. Official Statement. A draft dated May 28, 1990, of a Preliminary Official Statement describing the Bonds, copies of which have been provided to the members of the Board of Supervisors, 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 County's financial advisor,. may consider appropriate. The County Administrator, in collaboration with the County's 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. Thee County shall arrange for the delivery to the successful bidder on the Bonds of a reasonable number of copies of the final Official Statement, within seven business days after the Bonds have been .awarded, for delivery to each potential investor requesting a copy of the Official Statement and to each person to whom such bidder and members of his bidding group initially sell Bonds. l0. 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 of-the Securities and Bxchange Commission, except for the. omission in the Preliminary Official Statement. of certain pricing and other information allowed to be omitted pursuant to such 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 of the Preliminary Official Statement of such pricing and other. information. 11. Preparation and Delivery of Bonds. After bids have been received and the Bonds have been awarded, the Chairman and the Clerk of the Board of Supervisors 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 purchasers thereof upon payment therefor. 12. Arbitrage Covenant. The County covenants that it shall not take or omit to take any action the .taking or omission of which would cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, including regulations issued pursuant thereto (the "Code"), or otherwise cause interest on the Bonds to be includable in the gross income of the registered owners thereof under existing statutes. Without limited 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 the Bonds. The County shall pay any such required rebate from its general funds. 1 13. Non-Arbitrage Certificate and Elections. Such officers of the County as may be requested are authorized and directed to execute an appropriate certificate setting forth the expected use and investment of the proceeds of the Bonds, and to make any elections such officers deem desirable regarding any provision requiring 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 forms as may be requested by bond counsel for the County. 14. Private Activity Bond Covenants. The County covenants that it shall not permit the proceeds of the Bonds to be used in any manner that would result in (a) 5$ or more of such proceeds being used in a trade or business carried on by any person other sacs 14 •a::'fi0~ 1°7 than a governmental unit, as provided in Section 141(b) of the Code, (b) 5$ or more of 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. 15. Qualified Tax-Exempt Obligations. The County designates the Bonds as "qualified tax-exempt obligations01 for the purpose of Section 265(b) (3) of the Code. The County represents and covenants as follows: (a) The County will in no event .designate more than $10,000,000 of obligations as qualified tax-exempt obligations in 1990, including the Bonds, for the purpose of such Section 26'S(b) (3) i (b) The County, all its 01subordinate entities," within the meaning of Section 265(b) (3) of the code, and all entities which issue tax-exempt obligations on behalf of the County and its subordinate entities have together not issued more than $10,000,000 of tax-exempt obligations in 1990 (not including "private activity bonds," within the meaning of Section 141 of the code, other than "qualified 501(c) (3) bonds, "within the meaning of Section 145 of the Code), including the 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 in 1990 by the County and such other entities, result in the County and such other entities having issued a total of more than $10,000,000 of tax-exempt obligations in 1990 (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 1990 in an aggregate amount that will exceed such $10,000,000 limit; provided, however, that if the County receives an opinion of nationally recognized bond counsel that compliance with any covenant set forth in (a) or (c) above is not required for the bonds to be qualified tax-exempt obligations, the•Courity need not comply with such covenant. 16. Rebate Representations. The County represents and covenants as follows: (a) The County, all its "subordinate entities," within the meaning of Section 148 (f) (4) (c) of-the Code, and all entities which issue tax-exempt obligations on behalf of the County and its subordinate entities have together not issued more than $5,000,000 of tax-exempt. obligations in 1990 (not including "private activity bonds," within the meaning of Section 141 of the Code), including the Bonds; (b) 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 in 1990 by the County and u r EO~K ~ ~a . )~~ 18 1 such other entities, result in the County and such other entities having issued a total of more than $5,000,000 of tax-exempt obligations in 1990. (not including private activity bonds), including the Bonds; (c) At least 95$ of the proceeds of the Bonds shall be used for "local government activities" of the County, within the meaning of Section 148(4)(c) of the Code; and (d} The County has no reason to believe that the County and such other entities will issue tax-exempt obligations in 1990 in an aggregate amount that will exceed such $5,000,000 limit; provided, however, that. if the County receives an opinion of nationally recognized bond counsel that campliance with any covenant set forth in (b) or (c) above will not prevent the County from having to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bonds, the County-need not comply with such `covenant. 17. 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. i~ 18. Filing of Resolution and Publication.. The Clerk of the Board of Supervisors, in collaboration with the County Attorney, is authorized and directed to see to the immediate filing of a certified copy of this resolution with the Circuit Court of Isle of Wight County and within l0 days thereafter to cause to be published once in a newspaper having general circulation in the County a notice setting forth (a) in brief and general terms the purpose for which Bonds are to be issued and (b) the amount of Bonds and the Amount for each purpose. 19. Repeat of Conflicting Resolutions. All resolutions or parts of resolutions in conflict herewith are repealed. 20. Effective Date. This resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of Isle of Wight County, Virginia, certifies that the foregoing constitutes a true and correct extract from the. minutes of a regular meeting of the Board of Supervisors of Isle of wight County held on the 7th. day of June, 1990, and of the whole thereof so far as applicable to the matters referred to in such extract. The motion to adopt said resolution passed by unanimous vote (5-0) . County Administrator Standish informed the Board that. the bond issue requires a first and second reading and a final vote. Supervisor Turner moved the Board .adopt the following resolution: A RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF ISLE OF WIGHT COUNTY, VIRGINIA, IN AN AMOUNT NOT TO EXCEED $9,000,000 BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA:- 1. The Board of Supervisors (the Board) of Isle of Wight County, Virginia (the County, hereby determines that it is e ~ncr 14 .~~:~ f 0 19 advisable to contract a debt and issue general obligation bonds of the County in an amount not to exceed $9,000,000 pursuant to the Public Finance Act to provide funds, together with other available funds, to finance the cast of the following projects: Regional Jail - the County's share of the cost of a regional jail to be shared with the Cities of Franklin and Suffolk $7,458,000 Courthouse Complex Expansion and Improvements - the construction and equipping of an expansion to the County~s Communications Center and Circuit Court Clerk's-Office 942,000 Landfill Closeout - closure of the discontinued County landfill S 600,000 TOTAL $9,000,000 Any amount not needed for any of such purposes may be used for any other of such purposes. 3. The bonds shall bear such dates, mature at such times not exceeding forty years from their dates, bear interest at such rates not exceeding 9$ per .year, be in such demoninations and forms, be executed in such manner and be sold at such times and in such manner, including the sale of the same as one or more separate issues or in combination with the sale of general obligation bonds heretofore or hereafter authorized for similar or other purposes, all as the. Board shall hereafter provide by appropriate resolutions. 4. Pursuant to Section 15.1-186 of the Code of Virginia of 1950, as amended, the Board hereby estimates that the average rate of .interest to be borne by the bonds is 7$ per year and the amount of interest charges required to repay and retire the bonds is $3,675,000. In making this estimate the Board has assumed a 20- year debt retirement schedule providing for approximately equal annual payments of principal.. 5. The bonds shall be general obligations of the County for the payment of principal of and interest on which its full faith and credit shall be irrevocably pledged. First Reading: 5/3/90 Second Reading: 6/7/90 The motion to-adopt said resolution passed by unanimous vote (5-O) // Chairman Bradby called for the 'County Administrator°s report> County Administrator Standish informed the Board that the County's Recreational Facilities Authority would like the Board to have a public hearing on June 21, 1990 to consider their fireworks permit. Supervisor Turner moved the Board approve the request of the County's Recreational Facilities Authority to hold a public hearing on June 21, 1990 to consider their fireworks permit. The vote in favor was unanimous (5-O). Supervisor Ross moved the Board approve the following resolution: 1 C RESOLUTION TO ACCEPT AND APPROPRIATE FOUR TI~OUSAND FOUR HUNDRED THIRTEEN DOLLARS FROM THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF 20 CRIMINAL JUSTICE SERVICES FOR A GRANT FOR THE INCIDENT REPORTING IMPLEMENTATION PROGRAM WHEREAS, the Board of Supervisors of the-County of Isle of Wight, Virginia, has received a grant .from the Commonwealth of Virginia, Department of Criminal Justice Services for the Incident Reporting Implementation Program, and WHEREAS, the. funds in the amount of four thousand four hundred thirteen dollars ($4,413) to be received from the Commonwealth of Virginia, Department of Criminal Justice Services needs to be appropriated to the Incident Reporting Implementation Program line item in the 19..89-90 .budget of.-the County. of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that. four thousand four hundred thirteen dollars ($4,413) to be received from the Commonwealth of Virginia, Department of Criminal Justice Services be appropriated to line item 28-5126-7002 .Incident Reporting .Implementation, Equipment in the 1.989-90 budget of the County. of Isle of Wight. 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 for this grant-and to do all the things necessary to give this resolution effect. The motion to adopt said resolut©n passed by unanimous vote (5-0). 1 Supervisor Turner moved the Board adapt ...the following resolutions RESOLUTION TO APPROPRIATE SEVENTEEN THOUSAND SIX HUNDRED EIGHTY- EIGHT DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE COUNTY OF ISLE OF WIGHT FOR WELL SYSTEM MODIFICATIONS AT SPRINGFIELD.DOWNS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has contracted for well system modifications at Springfield Downs, and WHEREAS, the funds in the amount of seventeen thousand six hundred eighty-eight dollars. ($17,688) to be appropriated from the Unappropriated Fund Balance to the Springfield Downs, contracted services line item in the 1989-90 budget of the County of Isle. of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County. of Isle of Wight, Virginia that seventeen thousand six hundred .eighty-eight dollars ($1T,688) be appropriated from the Unappropriated Fund Balance to line item 1.4- 4607-3009, Springfield-Downs, contracted services, in the 1989-90 budget of the County of Isle of Wight County of Isle of Wight, Virginia. 1 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 the things necessary to give this resolution effect. The motion to adopt said resolution passed by unanimous vote (5-O) . // Chairman Bradby called for New Business. There was no new business for discussion. // 21 Chairman Bradby called for Old Businesso 1. An Ordinance to Amend the Zoning Ordinance of Isle of Wight County to Make Setback for "For Sale" Signs Uniform in 111 Zoning Districts. W. Douglas Caskey, Assistant County Administrator/Community Development, stated that at the May 17, 1990 meeting of the Board of Supervisors a public hearing was held to consider the adoptior. of an ordinance to amend the zoning ordinance of Isle of Wight County to make setback for 1tFor Sale" signs uniform in all zoning districts. Mr. Caskey reminded the Board that action .was tabled on the ordinance responsive to comments made during the public hearing process. and directed that staff do research and provide some input relative to such temporary sign structures and size and area standards which should be required for such signs. Mr. Caskey continued that included in the agenda is a very general survey made. of some of the neighboring jurisdictions. relative to how their respective zoning ordinances regulate the placement of these types of sign structures. Mr. Caskey stated the key issue in the previous discussion following the public hearing was relative to size regulation of these types of signs and in James City County they have variable size standards as it pertains to how close the structure is to the street right-of-way on which it is fronting and that in Suffolk, York County .and the City of Chesapeake, they vary their size standards based on the type of zoning district that is involved. Mx'. Caskey continued that in Southampton County it is nat rated by size according to zoning district and there is a standard that for sale signs shall not exceed 32 square feet. Mr. Caskey stated that the Isle of Wight zoning. ordinance limits the size of temporary "For Sale°1 signs to be 4 square feet in area regardless of the type of property, location, or where it is sitting on the property, County Attorney stated the Planning Commission recommended 4 square feet'for "For .Sale" signs and that when the ordinance was prepared and given to the Planning Commission the County was not interested in size, but was only interested in uniform setback for all districts.. County Attorney Crook advised the Board that the Planning Commission was very concerned about size and wanted. it limited to 4 square feet. County Attorney Crook asked the Board to consider adopting the setback requirement and making it uniform and the size can be adjusted in the next two or three months if the Board wishes. Supervisor Edwards moved the Board, delete the. four square feet size limitation and adopt the following ordinance: AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF ISLE OF WIGHT COUNTY TO MAKE~SETBACK FOR "FOR SALE." SINGS UNIFORM IN ALL ZONING DISTRICTS BE IT .AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that Sections 2-3, 3-3, 4-3, 5- 3, 5.1-4.4, 5A-3, 58-3, 5C-3, 6-3, 7-4 and 8-4 of the Zoning Ordinance of Isle of Wight County, Virginia,' are hereby amended to read as follows: Structures shall be 'located sixty ('60), feet or more from any street .right-of-way which is fifty (50) feet or greater in width, or eighty-five (85) feet or more from the centerline of any street right'of-way less than fifty (50) feet in width; except, that signs advertising sale or rent of premises may be erected up to ten (10) feet from the property line. This shall be known as the "setback lime." However, signs, other than general advertising, may be located at less distance from the street right-of-way with conditional use permbt. e~c~ 1~ -~ ~~U ~ } a2 1 The motion to adopt said ordinance passed by unanimous vote (5-0) . // At 3:50 P.M., Supervisor Ross moved the Board take a five minutes recess. The vote in favor was unanimous (5-O). I/ Following the recess, Chairman Bradby called for Appointments. Supervisor Ross moved the Board appoint Dr. James Hager•to replace Dr. Earle W. Strickland on the Paul D. Camp Community College Board. The vote in favor was unanimous. (5-0). Supervisor Ross directed County Attorney Crook to prepare a resolution for Dr. Earle W. Strickland for his outstanding service on the Paul D. Camp Community College Board. Supervisor Turner moved the Board reappoint 0. A. Spady to the Industrial Development Authority, whose term expired on April 30, 1990. The vote in favor was unanimous (b-0). // Chairman Bradby called for. approval of the May 3, 1990 minutes. [J on recommendation of County Attorney Crook and motion of Supervisor Turner, the vote was unanimous (5-0) to approve the May 3,.1990 minutes of the Board of Supervisors. // Supervisor Ross moved the Board continue the Board of Supervisors meeting until after the meeting of the Public Service Authority. The vote in favor was unanimous (5-0). // .County Attorney Crook requested an Executive Session under Section 2.1-344 Al for discussion and consideration of interviews of prospective candidates for employment, specifically auditors and Section 2.1-344 A7 consultation with counsel and briefing. with staff members pertaining to actual or probable litigation and other specific legal matters re.quirinq the provision of legal advice by counsel specifically appraisals on easements in the Lake Gaston water line project. At 4:32 P.M., Supervisor Turner moved the Board go into Executive Session for the reasons stated by County Attorney Crook. The vote in favor was unanimous (5-O). Upon the Board returning to open session, Supervisor Turner moved the adoption of the following resolution: 1 CERTIFICATION OF EXECUTIVE MEETING WHEREAS, the-Board of Supervisors has convened an executive meeting on this date pursuant to wn affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors that such executive meeting was conducted in conformity with Virginia law; .NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors i ~ ~`~ ~ 23 hereby certifies that,. to the best of each member's knowledge, (ij .only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: 5 NAYS: 0 ABSENT, DURING VOTE: 0 ABSENT DURING MEETING: 0 County Attorney Crook advised the Board a motion was needed pursuant to the resolution and agreement with Virginia Beach to transmit the figures of the County's appraisals to Virginia Beach. Supervisor Turner moved the Board transmit the figures of the County's appraisals to Virginia Beach. The vote in favor was _ unanimous (5-0). // Supervisor Ross moved the Board continue the meeting of the Board of Supervisors to June 19, 1990 at 11:00 A.M. for the purpose of receiving and .acting upon the bids on the bonds. The vote in favor was unanimous (5-0). '~ Henry Bradby, Chairman Myles Standish, Clerk- L~