Loading...
03-31-1994 Continued Meetingea~K 1~ ..~~6~ CONTINUED MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE THIRTY FIRST DAY OF MARCH IN THE YEAR NINETEEN HUNDRED NINETY FOUR PRESENT: Also Attending:.. O. A. Spady, Chairman Malcolm T. Cofer, Vice Chairman Henry H. Bradby Phillip A. Bradshaw Steve W. Edwards H. Woodrow Crook, Jr., C unty Attorney (Arrived at 5:05 p.m.) Myles E. Standish, County Administrator W. Douglas Casket', Assist nt County Administrator/Com unity Development Donald T. Robertson, Assi tant to the County Administrator Carey H. Mills, Assistant Clerk Chairman Spady reconvened the meeting at 5:00 p.m., noted the absence of the County Attorney and called for Item II on the agenda, Data Processing .Report. M. Christine Ledford, Director of Budget & Finance, stated the computer committee has reviewed and is in agreement with the McClain Group's recommendations. Rich McClain, McClain :Group, stated the analysis performed entailed review of the County's current and future system needs, as well as the evaluation of the computer system currently shared by the County with Southampton County and the options available such as replacing, upgrading, or enhancement of the system. Mr. McClain further stated the County is currently spending approximately $186,000 on data processing per annum with substantial shortcomings in the areas of receivables, assessments, real. estate, fees, permits, etc. As a result, Mr. McClain recommended the County replace its current software and hardware creating in-house data processing capability. Mr. McClain. stated the proposed data processing budget for acquiring software and hardware -would be approximately $325,000 which represents $65,000 per year on a five-year basis and is in addition to an ongoing. annual cost of approximately $136,500. Chairman Spady asked what type and size space would be needed to store the software and hardware, to which Mr. McClain replied just the size of a small office. County Attorney Crook arrived. Supervisor Bradshaw inquired whether the unit would have a back up tape drive and if the proposed cost included the installation of the unit with environmental concerns addressed. 144r. McClain replied the unit includes a back-up tape drive, requires an air conditioned office and includes some I 1 1 ~o~K 15 ~a,•E6~~ funds for. wiring of terminal lines throughout the building. Supervisor Bradshaw asked who would maintain the system. Mr. McClain recommended the County obtain maintenance services from. a vendor of .choice .which will provide the County. with annual updates to the software. Mr. McClain stated the McClain Group has proposed approximately two additional individuals on the County's payroll to provide specific programming support and day-to-day operation and maintenance of the system. Supervisor Bradshaw moved the Board approve the recommendations of the McClain Group as outlined on Page 6 of their report and that they be forwarded to the computer committee for their submittal of RFPs. The motion was unanimously (5-0} adopted. // Chairman Spady called for Item I, General Obligation Bond Issue: School Construction Program. County. Administrator Standish presented for the Board's consideration a resolution relative to form, details and payment of bonds fora $6,000,000 bond issue which he stated the County Attorney has reviewed and recommends to the Board for adoption, subject to the corrections which should reflect that it is a continued meeting, not an adjourned meeting, and that it pertains to the County of Isle of Wight and not the City of Bristol. Supervisor Cofer moved the Board adopt the following resolution as amended: At a continued meeting of the Board of Supervisors of Isle of Wight County, Virginia, held on March 31, 1994, at the time and place announced by the Board for such meeting, at which the following members were present and absent: PRESENT: O. A. Spady, Chairman Malcolm T. Cofer, Vice Chairman Henry H. Bradby Phillip A. Bradshaw Steve W. Edwards ABSENT: None the following resolution was adopted by the affirmative roll-call vote of a majority of the members of the Board of Supervisors, the ayes and nays being recorded in the minutes of the meeting as shown below: Member Vote O. A. Spady, Chairman Aye 2 90~K ~.5:~:'EEJ Malcolm T. Cofer, Vice Chairman Aye Henry H. Bradby Aye Phillip A. Bradshaw Aye Steve W. Edwards Aye RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF • $6,000,000 GENERAL OBLIGATION SCHOOL BONDS, SERIES OF 1974, OF ISLE OF WIGHT COUNTY, VIRGINIA, t HERETOFORE AUTHORIZED, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF WHEREAS, the issuance of school bonds of Isle of Wight County, Virginia (the ".County"), in the maximum amount of $6,000,000 was authorized by a resolution adopted by the Board of Supervisors of the County (the "Board") on March 17, 1994, to provide funds to finance, together with other available funds, the costs of various school projects, including site acquisition, planning, design, construction, renovation, expansion, equipping and furnishing of public schools and related facilities; BE IT RESOLVED BY THE BOARD. OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA: 1.. Issuance and Sale. There shall be issued and sold all of the $6,000,000 school bonds of the County (the "Bonds") described above. 2. Bond Details.. The Bonds shall be designated "General Obligation School Bonds, Series of 1994," shall be dated. April 1, 1994, shall be in registered farm, in denominations of $5,000 and multiples thereof and shall be numbered R-1 upward. The Bonds shall mature in installments on July 1 in years and amounts as follows: Year Amount Year Amount .1995 $200,000 2001 $600,000 1996 200,000 2002 600,000 1997 300,000. 2003 600,000 1998 400,000 2004 600,000 1999 500,000 2005 600,000 2000. 600,000 2006 800,000 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 January. 1, 1995, (a) from April 1,.1994, if it is authenticated prior to January 1,1995, or (b) otherwise from the January 1 or July 1 that is or immediately precedes the date on which it is authenticated (unless payment of interest thereon is in default, 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 presentation and surrender of Bonds as they become due at the corporate trust.office of the Registrar, as defined below: 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. month preceding each interest payment date. Principal, premium;. if any, and, interest shall 1 1 3 8o~r ~J ~U7 be payable in lawful money of the United States of America. 3. Redemption Provisions. Bonds maturing. on or before July 1, 2003, are not subject to redemption prior to maturity. Bonds maturing on or after July 1, 2004, are subject to redemption prior to maturity at the option of the County on or .after July 1, 2003, in whole or in part at any time, upon payment of the principal amount of the Bonds to be redeemed plus accrued interest to the redemption date arid a 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 Bonds to be redeemed, provided that the redemption premium on any Bond shall not exceed 2% of such principal amount. . If less than all of .the Bonds are called for redemption, the maturities of Bonds to be redeemed shall be selected by the County Treasurer in such manner as he may determine to be in the best interest. 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 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 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 the manual or facsimile signature of the Chairman of the Board, countersigned. by the manual or facsimile signature of the Clerk of the Board, and the County's seal shall be affixed thereto or a facsimile thereof printed thereon; provided, however, that if both such signatures are facsimiles, no Bond shall be valid until it has been authenticated by the manual signature of an authorized officer. or employee of the Registrar and .the date of authentication noted thereon. 5. Bond Form. The :Bonds shall be in substantially the following form: REGISTERED REGISTERED No. R- $ -~ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA ISLE OF WIGHT COUNTY 4 _ ~, EOQK 15•k;:~~i6R General Obligation School Bonds Series of 1994 IPJTEREST RATE MATURITY DATE DATED DATE CUSIP % July 1, April 1, 1994 ' REGISTERED OWNER: PRINCIPAL AMOUNT: Isle of Wight County, Virginia (the "County"), for value received, promises to pay, upon surrender hereof, to the registered owner thereof, or registered assigns or legal representative, the principal amount stated above on the maturity date stated above, and to pay interest hereon semiannually on each January 1 and July 1, beginning January 1, 1995, at the annual rate stated above. Interest is payable (a) from April 1, 1994, if this bond is authenticated prior to January 1, 1995, or (b) 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, in 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 appears on the registration books kept by Crestar Bank, Richmond, Virginia, which has been appointed registrar and paying agent for the bonds (the "Registrar"), on the fifteenth day of the month preceding each interest payment date. Principal and premium, if any, are payable upon presentation and surrender hereof at the corporate trust office- . of the Registrar. Principal, premium, if any, and interest are. payable in lawful money of the United States of America. The full faith and credit of the County are irrevocably pledged for the payment of principal and of .premium, if any, and interest on this bond. The County has designated the bonds as "qualified tax-exempt ~~ obligations for the purpose of Section 265(b)(3) of the Internal. Revenue Code of 198b,'as amended. .THE PROVISIONS OF THIS BOND ARE CONTINUED ON THE REVERSE HEREOF, AND SUCH CONTINUED PROVISIONS SHALL FOR ALL- PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH ON THE FACE HEREOF. 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 Commonweal#h 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. 5 ea~K 15:St:~EE~ IN WITNESS WHEREOF, Isle of Wight County, Virginia, has caused this bond to be signed by the Chairman of th~ Board of Supervisors, countersigned by the Clerk of the Board of Supervisors, the County's seal to be printed hereon, and this band to be dated April 1, 1994. Chairman, Board of Supervisors, Isle of Wight, Virginia Countersigned: Clerk, Board of Supervisors, Isle of Wight, Virginia. CERTIFICATE OF AUTHENTICATION Date Authenticated: 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 $6,000,000 General Obligation School Bonds,. Series of 1994, of like date and tenor, except as to number, denomination, rate of interest, maturity and privilege of redemption, issued pursuant to resolu#ions adopted by the .Board of Supervisors (the "Board") on March 17, 1994, and March 31, 1994, and the Constitution and statutes of the Commonwealth of Virginia, including the Public Finance Act of 1991, The bonds are issued to finance various school projects. Bonds maturing on or before Juiy 1, 2003, are not subject to redemption prior to maturity. Bonds maturing on or after. July 1, 2004, are. subject to redemption prior to maturity at the option of the County on or after July 1, 2003, in whole or in part at any. time, upon payment of the principal amount of the bonds to be redeemed .plus accrued interest to the redemption date and a 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 bonds to be .redeemed, provided that the redemption premium on any bond 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 County Treasurer in such manner as he 6 BDQK 15 %~(~'U~ll may determine to be in the best interest 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 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 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. The bonds are issuable as fully registered bonds in denominations of $5,000 and multiples thereof. Upon surrender of this bond at the corporate trust office of the Registrar, together with an assignment duly executed by the. registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the County shall execute, and the. Registrar shall authenticate and deliver in exchange, a new bond or bonds having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate,. and_ registered in names as requested by the then registered owner hereof or his duly authorized attorney or legal representative, all subject to the limitations-and conditions provided in the resolution 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. 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 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: 7 5~cr. 15~...E7~_ the within-mentioned bond and all rights thereunder, irrevocably constituting and appoint ,Attorney, to transfer said bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed NOTLCE: 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 enlargement 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 the principal and of premium, if any, and interest of the Bonds. 7. Registration, .Transfer and Owners of Bonds. Crestar Bank, Richmond, Virginia, is appointed paying agent and registrar for the Bonds (the "Registrar"). The Registrar shall maintain registration books for the registration and exchange of Bonds. Upon surrender of any Bond at the corporate. trust office of .the Registrar, together. with an assignment duly executed. by the .registered owner or his duly authorized attorney or legal representative in such form- as shall be satisfactory to the Registrar, the County shall execute, and the Registrar shall authenticate, if required by Section 4, and- deliver in exchange, a new Bond or Bonds having an .equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate and registered in the names 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 governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as owner on the registration books on the fifteenth day of the month preceding each interest payment date. 8. Notice of Sale. The advertisement of the bonds for sale pursuant to the Notice of Sale attached hereto is hereby ratified and approved. 9. Official Statement. A Preliminary Official Statement dated March 25,1994, describing the Bonds, copies of which have been provided to the members of the Board and circulated to potential investors, .and by 8 eo~r 15.~~~7? which the Bonds have been offered for sale, is hereby ratified and approved and deemed final as of its date within the meaning of Rule 15c2-12 of the. Securities and Exchange Commission, except for the omission of certain pricing and other information permitted to be omitted pursuant to such Rule. The County Administrator is authorized and directed to execute an Official Statement in final form and deliver it to the purchasers of .the Bonds. The Official Statement shall be in substantially the form of the Preliminary Official Statement submitted to this meeting, with such completions, omissions, insertions and other changes as may be approved by the County Administrator, in collaboration with Municipal Advisors Incorporated, the Counts .financial advisor, the execution thereof by the County Administrator to' constitute conclusive evidence of his .approval of any such completions, omissions, insertions and changes. Tre County shall arrange for the delivery to the purchasers of 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 the Underwriters initially sell Bonds. 10. Official Statement Deemed Final. The County Administrator is authorized, on behalf of the County, to deem the Official Statement in final form, to be final as of its date within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. The distribution of the Preliminary Official Statement and the Official Statement in final form shall be .conclusive evidence that each has been deemed final as of its date by the County, except- for the omission in the Preliminary Official Statement of such pricing and other information permitted to be omitted pursuant. to such Rule. 11. Preparation .and Delivery of Bonds. After bids have been received and the Bonds have been awarded, the officers of the County are authorized and directed to take all proper steps to have the Bands .prepared and executed in accordance with their terms and to deliver the Bonds to the purchasers thereof upon payment therefor. ' 12. Arbitrage Covenants. (a) The County represents that there have . not been issued, and covenants that there.will not be issued, any obligations .that will- be treated as part of the same issue of obligations as the Bonds within the .meaning. of Internal Revenue Code of 1986, as amended, including regulations issued pursuant thereoo (the "Code"). (b) The County covenants that it will not take or omit to take any action the taking or omission of which will- cause the Bonds to be "arbitrage bonds" within the meaning of Section .148 of the .Code, or otherwise cause interest. on the Bonds to be includable in the gross income of the registered owners thereof under existing law. Without limiting the generality of .the foregoing, the County shall comply with any provision of law 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, unless the County receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest on the. Bonds from being includable in the gross income of the 1 9 BONN 15 ~L;'iU~c) registered owners thereof under existing law. The County shall pay any such required rebate from its legally available funds. 13. Non-Arbitrage Certificate and Elections. Such officers of the County as may be requested are authorized and directed to execute an appropriate certificate setting forth the expected use and investment of the proceeds of the Bonds in order _to show that such expected use and investment will not violate the provisions of Section 148 of the Code and any elections such 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 in such form as may be requested by bond counsel for the County. 14. Limitation on Private Use. The County covenants that it will 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 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 covenant. 15. Qualified Tax-Exempt Obligations. The County. designates the Bonds as "qualified tax-exempt obligations" 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 1994, including the Bonds, for the purpose of such Section 265(b)(3); (b} The County, all its "subordinate entities,'" within the meaning of such Section 265(b)(3), and all entities which issue tax-exempt obligations on behalf of the County and its subordinate entities have not issued, in the aggregate, more than $10,000,000 of tax exempt obligations in 1994 (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 by the County and such other entities in 1994, result in the County and such other entities having issued a total of more than $10,000,000 of tax-exempt obligations in 1994 10 "a~aK 15 ..-E ~~. (not including private activity bonds other than qualified 5-1(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 1994 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 County need not comply with such covenant. 16. Other Actions. All other actions of officers of the County and the Board of Supervisors in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the Bonds are ratified, 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. 17. Repeal. of Conflicting Resolutions. All resolutions or parts of resolutions in conflict herewith are repealed. 18. 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 continued meeting of the Board of Supervisors of Isle of Wight County, Virginia, held on the 31st day of March, 1994, and of the whole thereof so far as applicable to the matters referred to in such extract. WITNESS my signature and the seal of Isle of Wight County, Virginia, this day of , 1994. Clerk, Board of Supervisors of Isle of Wight County, Virginia The motion was unanimously (5-0) adopted. // Chairman Spady called for Item 3: FY1994-95 Budgets Dr. York, .School Superintendent, requested the Board allocate an additional $1,200,000 in local funding for the schools. Supervisor Bradshaw requested Dr. York to provide the Board with a .status report on Phases I and II. Dr. York stated a detailed cash flow list was forwarded to the County 1 1 1 11 coca 15 .~E75 Administrator today with the request that this information be included in the April 21, 1994 agenda. Dr. York stated regarding Phase II, the construction documents for Smithfield Middle School will be ready at the end of April and the School Board would like to begin work there during the summer months.. Dr. York stated the design phase of Hardy, Windsor and Carrsville elementary schools should begin around the first of July and Phase I should b.e complete around October 1, 1994. Ann Edwards, Registrar, stated she will incur an increase in part-time salaries because of the National Voter Registration Act which becomes effective in ,January of 1996 and requested .the Board td fully fund her budget. R. Edward. Blount, Secretary, Electoral Board,. stated his budget remains the -same except for Compensation and Travel & Training. Mr. Blount requested the Board to fully fund his budget. William E. Laine, Jr., Clerk of Circuit Court, noted only 250 copies of I-Ielen King's Historical Notes on Isle of Wight County, Vir ig,.nia remain and offered to obtain the cost of acquiring additional books if the Board desired a second printing. County Administrator Standish recommended the capital budget contain a request .for renovations to the Clerk's office to provide an office for the Deputy Clerk at approximately $22,000. Chairman Spady asked Mr. Laine if he thought his office might need any further expansion in the near future. Mr. Laine stated he did not anticipate any further expansion for at least seven. to ten years because within the next year recordings. will be done on laser disc. Mr. Laine further stated the Clerk's office went to a new state-supported indexing system. on January 1, 1993 and, as a result, the indexing budget for the coming year will be approximately $4,000 less. Mr. Laine stated the State budget amendment included salaries for the part- time deputy clerk to be a full-time person which will relieve the County of an additional $10,000. County Administrator Standish stated information relative to the Compensation Board is being received and it appears that the Commonwealth Attorneys office will be funded on a full-time basis for the next fiscal year. Eileen Smith, Sheriff's Department, stated the Sheriff's budget requests increases for the Creative Criminal Justice Academy, over-time salaries and one position .for a DARE officer. Alan Nogiec, Director of Parks & Recreation, stated his proposed budget request includes funds to address the expansions to provide additional services for the museum and. a $7,000 salary for apart-time Administrative Aid. Mr. Nogiec further stated there are additional monies included to pay custodians time and a half due to the adoption of a polity 12 BOCK ~~ ~h:~1 V 1 li by the School Board which requires custodians to be present during programs for children while at school. Mr. Nogiec stated the addition of a Parks & Maintenance .position will address building and grounds maintenance. Mr. Nogiec stated that while there is money included in the capital budget for renovations at Nike Park other facilities are getting older and require maintenance. Mr. Nogiec stated in the capital budget the CIP committee did not identify the need for a computer used by administrative staff, resurfacing of basketball courts, and a phone system in the museum. Chairman Spady asked Mr. Nogiec if all full-time positions. are presently filled. Mr. Nogiec stated due to reorganization, a program is being implemented for a Maintenance Specialist, one Foreman and two Maintenance II workers. Mr. Nogiec stated he has requested a 5% increase for his employees. Supervisor Bradshaw asked Mr. Nogiec if the Parks & Recreational Facilities Authority was considered for hookup to the Count}~s proposed data processing computer system. M. Christine Ledford, Director of Budget. & Finance, stated the Parks. & Recreational Facilities Authorit~s needs are not the same as the County's and with new equipment they should be able to function independently. Ms. Ledford further stated it would be costly to run lines to Nike Park and based an the consultant's review it is not recommended for implementation now. Ms. Ledford stated after the Board reviews their report the committee would be glad to review the possibility of hooking Parks & Recreation up to the County's system if so desired. Arthur E. Berkley, Superintendent of Inspections, recommended the Board fund an additional $20,654 to his proposed budget far a Plans Examiner position. W. F. Johnson, Chief, Carrollton Volunteer Fire Department, requested a $6,000 increase due to increased calls, public education .costs and insurance. Chief Johnson .stated the capital budget includes funds for a major repair to a 1978 fire truck and seven SCBAs which need replacement. Chief Johnson. stated the Carrollton fire department building is outdated and inappropriate and requested the Board to consider funding for a new building. Chairman Spady stated that as he understood the new Association as each fire department and rescue squad requests capital equipment, the Volunteer Fire Departments and Rescue Squads Association will review needs and make. recommendations to the Board. Beryl H. Perry, Treasurer, stated his requested budget reflected sufficient funds. to allow the Treasurer's Department to come on line with DMV in June of 1994 to place stops on accounts of delinquent tax payers when applying for State registration cards. Mr. Perry requested the Board consider a security system for the Treasurer's office in the future, as well as 1 1 13 e oe~ ~5 ~~~,:~ E 77 need of additional storage space of records. Supervisor Cofer left the room at 5:57 p.m. Supervisor Bradshaw asked if the State allows the Treasurer to store records on discs. Mr. Perry stated he has reviewed the possibility of image processing .and has forwarded his recommendation on to the consultant. Supervisor. Cofer returned. to the meeting at 5:59 p.m.. Linda Bean, Director of Social Services, stated all benefit programs administered by Social Services are mandated by the State and Federal governments. Mrs. Bean stated the local Department of Social Services can assume reductions in .funding far the General Relief .Program, Senior Companion Program and staffing. Mrs. Bean stated the Companion Program consists of fifty individuals and the Social Services Board is requesting an additional ten individuals be considered for the upcoming year. Mrs. Bean stated the Department of Social Services is currently 33% under staff according to State averages. and if cutbacks were implemented it would be difficult to meet the deadlines as mandated from the Federal and State governments. Mrs. Bean stated a study conducted by the General Assembly last year indicated that local Social Services staff are salaried 30% behind counterparts in other departments and counterparts in the State department and the General .Assembly has ordered beginning in July of 1985 athree-year phase-in to bring the salaries up to match those of counterpart State employees. Linda Bean stated-the month of April is recognized Statewide as Child. Abuse Prevention Month and distributed blue label ribbons to the Board requesting they wear them in recognition of the County's desire to reduce and prevent the incidence of child abuse. Upon there being no questions for Mrs. Bean on the Section 8 Program, Mrs. Bean indicated she was available, as Chairperson, for questions on the Comprehensive Services Act for at-risk youth and families program. Supervisor Edwards explained the Comprehensive Services Act Board deals with serious youth offenders and is charged with rendering services to potentially dangerous individuals. Supervisor Edwards stated staffing is not set up for this Board and-urged the Board of Supervisors to consider working jointly with other localities to fund one person to supervise the entire program. Mrs. Bean stated the cities of Suffolk and Franklin and Southampton County are reviewing the possibility of sharing the cost of the position with the County and on a worst-case cost scenario, i.e., Suffolk alone participating, would cost the County approximately $9,953 on a contractual basis. 14 BJQM ~~ -AC'U~~ Mrs. Bean stated the Policy Management Team has an allocation of $5,000 in the current fiscal year to be used for administrative expenses for administrative expenditures for Comprehensive Services which was originally to have been cone-year only fee. Mrs. Bean stated the General Assembly appropriated additional funds for 1995 so that localities can maintain the same level of effort. Supervisor Bradshaw left the room. at 6:17 p.m. Supervisor- Edwards moved the Board direct the County Administrator to make appropriate inquiries of the other localities involved to determine their interest in acost-sharing arrangement. The motion passed (4-0) with Supervisor Bradshaw absent for the vote. Supervisor Bradshaw returned to the meeting. at 6:19 p.m. Vincent Doheny, Director of the Western Tidewater Community Services Board, requested a $10,000 increase over his budget last year due to increases in cases of physical and substance abuse and depression. Mr. Doheny stated 4% of his total. budget is received from localities and 54% of his budget is generated through fee collections, .workshops, etc. Mr. Doheny stated £or each dollar received from the County the. County receives $23 in services. Mr. Doheny stated the County. provides a per capita contribution of $2.67. Ludford T. Creef, II, Director of Public Works, requested a small. truck and tractor be added to the capital budget for his department. Supervisor Bradshaw suggested that because the truck would only be .used for around-town purposes that Mr. Creef examine. the possibility of purchasing a used truck. M. Christine Ledford, Director of Budget & Finance, requested funds be allocated in her budget for afull-time Accounting Technician position. Mrs. Ledford stated her office presently contains a person funded through the Authority whose duties consist of billing, collections, receipt recording, purchasing, filing .and acts as both hers and- Mr. Murphy's, of Public Utilities, secretary.. Chairman Spady suggested perhaps the .County should begin considering having a separate staff for the Public Service Authority and become independent of the County. County Attorney Crook stated the Public Service Authority was set. up when the County did the sewer system in Franklin. He stated it has been argued that it should be sep-crate from the County but he did not believe there was any real legal :advantage to having an Authority and the problem the County gets into is with the independence of the. Authority because the Authority's policies have at times been different from the Board's policies. Chairman Spady stated the .Authority should be .able to stand on its on as far as revenues and expenditures. 1 1 15 ~~~K 15.~~:~67~ County Administrator Standish noted the Authority is independent of the County budget and revenues and expenditures are accounted far separately with no intermingling of funds. Supervisor Bradshaw moved the Board direct the County Attorney and County Administrator to review and report back to the Board. on the pros and cons of the Public Service Authority and/or the Recreational Facilities Authority being discontinued as authorities and becoming deparfrnents of the County government. The motion passed (4-1) with all members voting in favor of the motion except Supervisor Edwards who voted against the motion. Chairman Spady stated at least once a quarter he would like to be provided with a report which reflects revenue for each water system, how. much is owed by individuals, how many times water was cut off at residences, etc. Gerald H. Gwaltney, Commissioner of the. Revenue,. stated he would like to provide two employees merit performance adjustments in their salaries- and $1,500 for part-time salaries for alphabetizing. Mr. Gwaltney stated an additional $500 is requested for postage due to a potential postal increase. Mr. Gwaltney further stated $675 can be eliminated from Public. Officials Liability line item as the State is funding the insurance for this year without any premiums. Mr. Gwaltney requested four computers for his office and two typewriters for the Real Estate office.. Supervisor Bradshaw requested the status of renting appropriate office space for the map room personnel currently utilizing the old jail building. County Administrator Standish stated the old jail building is being used for the Commissioner's map room, but has not been designed to be handicapped accessible and does not provide easy access from the second floor in the event of a fire. Supervisor Bradshaw suggested the County Administrator consult with the Superintendent of Inspections to review the matter. Diane Howard, Director of Tourism, stated her proposed budget reflects a substantial increase from the previous year, however, funds are required to market the County and pay personnel in this regard. Ms. Howard stated $15,000 was requested from the Town of Smithfield, $1,500 from the Town of Windsor and funds were requested from the Chamber of Commerce which are in-kind for the use of office space and utilities. Supervisor Bradshaw stated he would recommend that tourism come under the direction of the County and be included in the Department of Economic Development. Lynn P. Harris, Director of Economic Development, requested the Board fund the Economic Development budget. Mrs. Harris stated she also oversees the proposed Industrial Development Authority budget which includes the CIP for the industrial park in Windsor. Mrs. Harris stated that 16` Eo~a 15 •afE~© although the IDA budget has been reduced she believes site development can be accomplished and still meet the deadline of HRSD and. site development occurring concurrently. Mrs. Harris stated the Beautification budget is requesting $5,000. .Chairman Spady .inquired about the water system for the industrial park. . Mrs. Harris stated the County should have a fully developed water system. for the industrial park and the roads will be developed with .curbing and guttering to make the, park aesthetically pleasing. Mrs. Harris stated Langley & McDonald should:have the site design completed by May 1,1994 and there will be a central water system which should suit any type of industry coming into the park. Vincent Doheny advised final closing with HUD occurred on January 31,1994 and the Isle of Wight Opportunities for the Disabled now owns the Neighbors Place in Zuni. // At 6:55 p.m., Chairman Spady moved the Board take aten-minute recess.. The motion was unanimously (5-0) adopted. // Upon returning to open session at 7:10 p.m., County Attorney Crook distributed a copy of An Ordinance to Impose Tax Levies For Isle of Wight County, Virginia For Fiscal Year July 1, 1994 Through June 30, 1995. Mr. Crook stated if the Board moves to advertise the budget and the Ordinance tonight and it is printed on April 6th and April 13, the. Board could have its public hearing on April 21st. Mr. Crook advised the Board must wait seven days after the public hearing before adopting the budget and in the past this was for the Country .budget but now the Board has a like statutory provision far the School Board budget so the Board must wait seven days after April 21st before adopting the School Board budget if the Board wishes to adopt it separately.. Mr. Crook stated the School Board budget must be adopted by May 1st and if the Board orders it to be advertised tonight for April 6th and April 13 with a public hearing on April 21st the Board must have a meeting on approximately April 28th and then the Board could adopt the School Board .budget, County budget and tax levy ordinance simultaneously. County Administrator Standish .stated there is approximately a $1,000,000 difference in revenues and expenditures which equates to .10 cents on the tax rate. Following discussion by the Board, Supervisor Cofer moved the Board advertise the tax rates as follows with the budget .advertised "as recommended": Real Estate tax rate at .76 cents, Machinery & Tools tax rate at .97 cents and Personal Property tax rate at $4.40, with all other rates to remain unchanged. 1 1 17 1+.• ~ec~r 1J .~;.~~ Commissioner Gwaltney pointed out to the Board that discussions are ensuing with Union Camp on whether certain equipment will or will not be certified as pollution abatement and would not be recorded on this year's return. The motion was unanimously (5-0) adopted. // County Attorney Crook stated the County has. an agreement secured by a deed of trust with Gatling Pointe South for impact fees and proffers which provides that the County will subordinate their deed of trust for any development loan. Mr. Crook further stated Gatling Pointe is in the process of financing their development and provided, him with a subordination agreement for the signature of the County Administrator and him as Trustee to subordinate the deed of trust that secures the proffers+ Mr. Crook continued he has reviewed the subordination agreement and recommends the Board authorize the County Administrator and himself to sign on behalf of the County. Due to Chairman Spady's stated conflict of interest, Supervisor Cofer presided over the meeting and moved the Board authorize the County Administrator and County Attorney to sign the subordination agreement of Gatling Pointe on behalf of the County. The motion passed (4-0) with Chairman Spady abstaining from discussion and voting. Supervisor Cofer turned the meeting back over to Chairman Spady. /1 At 7:25 p.m., Supervisor Cofer moved the Board enter an executive session under Section 2.1-344 A3 of the Freedom of Information Act to discuss a personnel matter. The motion was unanimously (5-0) adopted. Upon returning to open session at 8:05 p.m., Supervisor Cofer moved the Board adopt the following resolution: CERTIFICATION OF EXECUTIVE MEETING WHEREAS, the Board of Supervisors has convened an executive meeting on this date pursuant to an affirmative recorded vote and in .accordance with the provisions of the Virginia Freedom of Information Act; and, WI-iEREA5, 2.1-344.1A of the Code of Virginia requires a certification. by this Board of Supervisors that such executive 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 executive meeting. to which this 1$ l 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 r NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion was unanimously (5-0) adopted. // At 8:06 p.rn., Supervisor Bradshaw moved the Board continue the meeting to Tuesday, .April 5, 1994 at 11:00 a.m. in the County Administrator's office to receive bond bids. The motion was unanimously {5-0) adopted. ~~~1 O. A. S y, Chairm ---.. Myle~~E. Standish,. Clerk 11 1 1 19