03-21-1996 Regular MeetingeoeM ~.fi :: ~ ~JREi
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENTY-FIIZST DAY OF MARCH IN THE
YEAR. NINETEEN HUNDRED NINETY SIX
PRESENT: Phillip A. Bradshaw, Chairman
Henry H. Bradby, Vice Chairman
O. A. Spady
Robert C. Claud
Malcolm T. Cofer
Also Attending: H. Woodrow Crook, Jr., County Attorney
W. Douglas Caskey, County Administrator
Donald T. Robertson, Assistant to the
County Administrator
Carey H. Mills, Assistant Clerk
Chairman Bradshaw called the meeting to order at 6:00 p.m. The
invocation was delivered by Supervisor Claud.
//
Chairman Bradshaw called for Special Presentations.
Angie Harrison, Elizabeth Harrison and Juanita Byrum were
acknowledged by the Board.
Christine Simpson, Chapter Director, appeared representing the March
of Dimes.
Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION TO CONGRATULATE ELIZABETH HARRISON AS
THE MARCH OF DIMES AMBASSADOR
FOR THE HAMPTON ROADS AREA
WHEREAS, the March of Dimes Birth Defects Foundation is the third-
largest voluntary health agency in America; and,
WHEREAS, each. year the March of Dimes Birth Defects Foundation
selects young people as Ambassadors to represent the March of Dimes
within their respective regions of the country; and,
WHEREAS, Elizabeth Harrison has been selected as the March of
Dimes Ambassador for the Hampton Roads area; and,
WHEREAS, Miss Harrison is a young citizen 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 Elizabeth
Harrison be congratulated on her being selected as the March of Dimes
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Ambassador for the Hampton Roads area.
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The motion was adopted unanimously (5-0).
James R. Borberg, P.E., General Manager, Hampton Roads Sanitation
District, appeared before the Board and stated the. force main to Smithfield
is ready for service and the contractor will be working on punch list items.
Mr. Borberg stated the Town of Smithfield currently has one pump station
connected, although it is not yet pumping into the force main. Mr. Borberg
stated the necessary permits are being obtained for a third line which
should be in operation shortly. Mr. Borberg stated. HRSD will be advising
Smithfield Foods that the line is ready and they will have ninety days to
connect. Mr. Borberg stated HRSD incurred problems obtaining the
necessary permits for the force main to Windsor which caused a delay and,
as a result of some of the agreements made in obtaining easements for the
line, HRSD must redesign some of the line. Mr. Borberg stated HRSD plans
to advertise the line in June of 1996, award the contract in July with
construction taking approximately twelve months.
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Chairman Bradshaw indicated the following Consent Agenda included
Item 1, A - F, and asked if there were any items for removal:
A. Resolution to Appropriate $60,000 From the Unappropriated
Fund Balance of the General Fund for Improvements to -Nike
Park
B. Mass Casualty Trailer Operational Procedure
C. Delinquent Real Estate Tax Collection Monthly Report
D. February 22, 1996 Regular Meeting Minutes
E. February 26, 1996 Continued Meeting Minutes
F. March 6, 1996 Joint Meeting Minutes
There being no items requested by the Board members for removal,
Supervisor Cofer moved the Board approve all items of the Consent
Agenda. The motion was adopted unanimously (5-0).
//
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Chairman Bradshaw called. for Transportation Matters.
A. Rural Addition Program
R. Bryan David, Director of Planning and Zoning, distributed several
reports prepared by the VDOT Resident Engineer on specific private roads
and the issues relative to bringing these roads into the State's secondary
system. Mr. David stated that the Board's agenda contains a report by the
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Resident Engineer concerning nine private streets which have either .been
formally included in the Rural Addition Program or have had inquiries
made concerning whether or not these private streets meet the Program's
criteria for inclusion. Mr. David stated Lawson Creek Lane and Gayle Way
Extended have not been formally requested to be included in the Rural
Addition Program. Mr. David stated the cost to rernnstruct these streets to
meet State specifications is approximately $750,000 which does not include
any direct cost paid by the County to require and/or survey rights-of--way
and easements and to relocate utilities. Mr. David stated the annual
allocation from VDOT to this Program is approximately $30,000 or $180,000
over the next six years which is not sufficient to cover the .estimated
construction costs unless the County contributes to the Program. Mr. David
stated the County did contribute $66,5001ast year to the Program and there
is an issue as to the viability of formally requesting any additional streets
for inclusion in the Program given the anticipated funding shortfalls unless
additional County funds are contributed. Mr. David stated the Subdivision
Ordinance currently allows up to three lots on private roads.
Supervisor Cofer moved the Board direct the Director of Planning and
Zoning to report back with a policy procedure relating to adding new roads
under the Rural Addition Program. The motion was adopted unanimously
(5-0).
B. 1996 Preallocation Hearing for interstate, primary and urban
transportation projects by the Commonwealth Transportation
Board and the Virginia Department of Transportation
Mr. David stated since last year°s resolution, the turn lane
improvements at the intersection of Route 10/bypass and Route 258 have
been completed. Mr. David stated he has amended the resolution for the
Board's consideration to include capacity and safety improvements to Route
10 from Isle of Wight through Surry County to Prince George County. Mr.
David stated with regard to the Route 10 Corridor Study, VDOT is advising
that Route 10 not be four laved at this time although they are proposing
road straightenings, turn lane and shoulder improvements to the road at an
estimated cost of $42 million.
Supervisor Cofer moved the Board adopt the following resolution:
RESOLUTION ESTABLISHING THE RECOMMENDATIONS OF THE
BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA,
FOR THE 1996 VIRGINIA DEPARTMENT OF TRANSPORTATION
PREALLOCATION HEARING
WHEREAS, the Commonwealth. Transportation Board and .the
Virginia Department of Transportation will conduct a preallocation hearing
for interstate, primary, and urban system projects for the Suffolk District on
March 27, 1996; and,
WHEREAS, the Board of Supervisors of Isle of Wight County
expresses its appreciation to the Commonwealth Transportation Board and
the Virginia Department of Transportation for the opportunity to articulate
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transportation improvement priorities within the County; and,
WHEREAS, Isle of Wight County wishes to make specific
recommendations for transportation improvement projects to be listed on
the proposed Six-Year Improvement Program.
NOW, THEREFORE, BE IT RESOLVED by the Board of .Supervisors
of Isle of Wight County that the following projects are considered
transportation improvement priorities in the County:
1. Realignment and four-lane Route 258 between Route 10 -
Smithfield Bypass and Route 460 with priority given to:
- Construction of the Route 258 -Windsor Bypass and its.
grade-separated crossing at the Norfolk Southern rail line.
- Construction of the Cypress Creek Connector to provide
for the relocation of Route 258 south of the .Route 10 -
Smithfield Bypass.
2. Construction of a parallel bridge span and approaches on the
Route 17 crossing over Chuckatuck Creek.
3. Route 58 -Franklin Bypass connector (Route 260).
4. Four-lane Route 10-Bypass.
5. Construct capacity and safety improvements to Route 10 along
with similar improvements within the Counties of Surry and
Prince George.
6. Construct dedicated left-turn lanes at the intersection of Route
460 and Routes T-610/T 603 and a continuous center turn lane
between this intersection and the eastern corporate limits of the
Town of Windsor.
BE IT FURTHER RESOLVED that the Board of Supervisors directs the
County Administrator to forward a copy of this resolution to the County's
legislative delegation and to the Virginia Department of Transportation for
inclusion in the record of the 1996 preallocation hearing and for adoption
in the Six-Year Improvement Program for the Commonwealth of Virginia..
The motion was adopted unanimously (5-O).
C. Revenue Sharing Program
1VIr. David stated the Board has historically allocated $300,000 as the
County's match of an equal or lesser amount by VDOT.
Supervisor Spady moved the Board authorize an allocation of $400,000
for FY1996-97. The motion was adopted unanimously (5-0).
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D. Route 260 Connector Project
1VIr. Neblett informed the Board that the project is at a standstill and
has been delayed nine months due to additional review by-the Corps of
Engineers.
E. Draft Route 10 Corridor Study
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Mr. David distributed the draft study to the Board for their
information.
Regarding Route 681, Supervisor Bradby stated the Halls are ready to
swear to the missing member of the family which must be accomplished by
April. Supervisor Bradby inquired about the progress with the Joyner
individual.
County Attorney Crook stated there are three property owners who
are waiting to see what happens.
//
Supervisor Claud moved the Board amend the order of the agenda in
order to address the first item under the County Administrator's section
concerning the issuance of the general obligation bonds. The motion was
adopted unanimously (5-0).
John O'Neill, Bond Counsel, Hunton & Williams, stated for the Board's
consideration is a resolution to approve issuance of up to $9,000,000 in
General Obligation Refunding Bonds to refund bonds at certain maturities
of the County's 1990 and 1991 public improvement and general obligation
bonds. Mr, O'Neill stated the State Council on Local Debt met yesterday
and approved the County's application to proceed with the advance
refunding. Mr. O'Neill stated in addition to the resolution is a draft form
of an escrow deposit agreement, draft form of a bond purchase agreement
and the current draft of the preliminary official statement which describes
.the offer that will be used in the marketing incentive for potential investors.
Supervisor Spady asked how much will the County potentially save
by issuing these bonds.
Mr. O'Neill replied the law requires a minimal savings of 3% and
when the application was filed with the State Council on Local Debt at the
end of February there was a more favorable bond market than currently
and the savings amount in gross savings is changing from day to day. Mr.
O'Neill reported a $50,000 to $60,000 loss in savings during the last month
and stated he still feels the County will save approximately $300,000 in
present value dollars.
Supervisor Claud moved the Board adopt the following resolution:
At a regular meeting of the Board of Supervisors of Isle of Wight
County, Virginia, held on the 21st day of March, 1996, at the time and place
established by the Board of Supervisors for its regular meetings in
accordance with Section 15.1-536 of the Code of .Virginia of 1950, as
amended, at which the following members were present and absent:
PRESENT: Phillip A. Bradshaw, Chairman
Henry H. Bradby, Vice Chairman
O. A. Spady
Malcolm T. Cofer
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Robert C. Claud, Sr.
ABSENT: None
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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:
MBE VOTE
Phillip A. Bradshaw Ayes
Henry H. Bradby Ayes
O. A. Spady Ayes
Malcolm T. Cofer Ayes
Robert C. Claud, Sr. Ayes
RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE
OF GENERAL OBLIGATION REFUNDING BONDS, SERIES OF
1996, OF ISLE. OF WIGHT COUNTY, VIRGINIA, IN THE
MAXIMUM PRINCIPAL AMOUNT OF $9,000,000 TO REFUND
A PORTION OF GENERAL OBLIGATION BONDS OF THE
COUNTY AND PROVIDING FOR THE FORM, DETAILS AND
PAYMENT THEREOF
II
WHEREAS, Isle of Wight County, Virginia (the "County"), issued its
$5,000,000 General Obligation Public Improvement Bonds, Series of 1990
(the "1990 Bonds"), on July 10, 1990, and its $10,000,000 General Obligation
School Bonds, Series of 1991 (the "1991 Bonds"), on December 23, 1991;
WHEREAS, the County can effect considerable savings by issuing its
general obligation refunding bonds to .refund all or portions of the
outstanding 1990 Bonds maturing on July 1 in the years 2001 through 2010
(the "Refunded 1990 Bonds") and the 1991 Bonds maturing on January 1 in
the years 2003 through 2012 (the "Refunded 1991 Bonds" and together with
the Refunded 1990 Bonds, the. "Refunded Bonds") and to pay the costs of
refunding the Refunded Bonds and issuing the refunding bonds, and by
calling the Refunded Bonds for redemption;
WHEREAS, the Board of Supervisors of the County (the "Board")
desires to delegate to the County Administrator the authority to determine
the final pricing terms of the refunding bonds within certain parameters;
WHEREAS, on March 20, 1996, the issuance of the refunding bonds
was approved by the State Council on Local Debt as required. by Section
15.1-227.46, Code of Virginia of 1950, as amended; .and,
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WHEREAS, the County's administration and a representative of
Municipal Advisors Incorporated, the County's financial advisor (the
"Financial Advisor"), have recommended to the Board that the County issue
and sell a single issue of general obligation refunding bonds through
negotiation with Craigie Incorporated and Wheat, First Securities, Inc.,
doing business as Wheat First Butcher Singer (the "Underwriters");
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BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF
WIGHT COUNTY, VIItGI1VIA:
1. Issuance and Sale. There shall be issued, pursuant to the
Constitution and statutes of the Commonwealth of Virginia, including the
Public Finance Act of 1991, general obligation refunding bonds of the
County in the maximum principal amount of $9,000,000 (the "Bonds") to (a)
provide funds to refund the Refunded Bonds and (b) pay the costs incurred
in connection with such refunding and issuing the Bonds.
2. Bond Details. The refunding bonds shall be designated "General.
Obligation Refunding Bonds, Series of 1996," or such other designation as
may be determined by the County Administrator, shall be dated such date
as determined by the County Administrator, shall be in registered form,
shall. be in denominations of $5,000 :and multiples thereof, and shall be
numbered R-1 upward. Subject to paragraph 8, the issuance and sale of the
Bonds are authorized on terms as shall be satisfactory to the County
Administrator; provided, however, that the Bonds (a) shall have a "true" or
"Canadian" interest cost not to exceed 10% (taking into account any original
issue discount or premium), (b) shall be sold to the Underwriters at a price
not less than 99% of the original aggregate principal amount thereof
.(excluding any original issue discount), and (c) shall mature, or be subject
to mandatory sinking fund redemption, in installments beginning no later
than the year 1996 and ending no later than the year 201E
Each bond shall bear interest at such rate as shall be determined at the
time of sale, calculated on the basis of a 360-day-year and twelve 30-day-
. months, and payable semiannually on dates determined by the County
Administrator. Principal and premium, if any, shall be payable to the
registered owners upon surrender of Bonds as they become due at the office
of the Registrar, as hereinafter defined. Interest shall be payable by check
or draft mailed to the registered owners at their addresses as they appear
on the registration books kept by the Registrar on the date prior to each
interest payment date (the "Record Date") that shall be determined by the
County Administrator. Principal, premium, if any, and interest shall be
payable in lawful money of the United States of America.
Initially, one Bond certificate for each maturity of the Bonds shall be
issued to and registered in the .name of The Depository Trust Company,
New York, New York ("DTC"), or its nominee. The County shall enter into
a Blanket Letter of Representations relating to abook-entry- system to be
maintained by DTC with respect to the Bonds. "Securities Depository" shall
mean DTC or any other securities depository .for the Bonds appointed
pursuant to this .Section.
In the event that (a) the Securities Depository determines not to
continue to act as the securities depository for the Bonds by giving notice
to the Registrar, and the County discharges its responsibilities hereunder,
or (b) the County in its sole discretion determines (i) that beneficial owners
of Bonds shall be able to obtain certificated Bonds or (ii) to select a new
Securities .Depository, then its chief financial- officer shall, at the direction
of the County, attempt to locate another qualified securities depository to
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serve as Securities Depository and authenticate and .deliver certificated
Bonds to the new Securities Depository or its nominee, or authenticate- and
deliver certificated Bonds to the beneficial owners or to the Securities
Depository participants on behalf of beneficial owners substantially in the
form appearing in Section 5; provided, however, that such form shall
provide for interest on the Bonds to be payable (A) from the date of the
Bonds, if they are authenticated prior to the first interest payment date, or
(B) otherwise from the interest payment date that is or immediately
precedes the date on which the bonds are authenticated (unless payment of
interest thereon is in default, in which case interest on such Bonds shall be
payable from the date to which interest has been paid). In delivering
certificated Bonds, the chief .financial officer shall be entitled to rely on the
records of the Securities Depository as to the beneficial owners or the
records of the Securities Depository .participants acting on behalf of
beneficial owners. Such certificated Bonds will then be registrable,
transferable and exchangeable as set forth in Section 7.
So long as there is a Securities Depository for the Bonds (1) it or its
nominee shall be the registered owner of the Bonds, (2) notwiths#anding
anything to the contrary in this Resolution,. determinations of persons
entitled to payment of principal, premium, if any, and interest, transfers of
ownership and exchanges and receipt of notices shall be the responsibility
of the Securities Depository and shall be effected pursuant to rules and
procedures established by such Securities Depository, (3) the Registrar and
the County shall not be responsible or liable for maintaining, supervising
or reviewing the records maintained by the Securities Depository, its
participants or persons acting through such participants, (4) references in
this Resolution to registered owners of the Bonds shall mean such Securities
Depository or its nominee and shall not mean the beneficial owners of the
Bonds, and (5) in the event of any inconsistency between the provisions of
this Resolution and the provisions of the above-referenced Blanket Letter of
Representations such provisions of the Blanket Letter of Representations,
except to the extent set forth in this paragraph and the next preceding
paragraph, shall control.
3. Redemption Provisions. The Bonds may be .subject. to
redemption prior to maturity at the option of the County. on or after dates
and at redemption prices determined by the County Administrator, in
whole or in part at any time, at a redemption price equal. to the principal
amount of the Bonds, together with any accrued interest to the redemption
date, plus a redemption premium not to exceed 2% of the principal amount
of the Bonds, such redemption premium to be determined by the County
Administrator.
Any term bonds may be subject to mandatory sinking fund
redemption upon terms determined by the County Administrator.
If less than all of the Bonds are called for redemption, the maturities
of Bonds to be redeemed shall be selected by the chief financial officer of
the County in such manner as he may determine to be in the best interest
of the County. If less than all the Bonds of a particular maturity are called
for redemption, the Bonds within .such .maturity to be redeemed shall be
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selected by the Securities Depository pursuant to its rules and procedures
or, if the book entry system is discontinued, shall be .selected by the
Registrar by lot in such manner as the Regishar in its discretion may
determine. In either case, {a) the portion of any Bonds to be redeemed shall
be in the principal amount of $5,000 or some integral .multiple thereof and
(b) in selecting Bonds for redemption, each Bond shall be considered as
representing that number of Bonds that is obtained by dividing the
principal amount of such Bond by $5,000. The County shall cause notice of
the call for redemption identifying the Bonds or portions thereof to be
redeemed to be sent by facsimile transmission, registered or certified mail
or overnight express delivery, not less than 30 nor more than 60 days prior
to the redemption date, to the registered owner of the Bonds.. The County
shall not be responsible for mailing notice of redemption to anyone other
than DTC or another qualified securities depository then serving or its
nominee unless no qualified securities depository is the registered owner of
the Bonds. If no qualified securities depository is the registered owner of
the Bonds, notice of redemption shall be mailed to the registered owners of
the Bonds. If a portion of a Bond is called for redemption, a new Bond in
principal amount equal to the unredeemed portion thereof 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 Vice Chairman of the
Board and countersigned by 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 of such signatures are facsimiles, no Bond shall be
valid until it has been authenticated by the manual signature of an
authorized officer or employee of the Registrar and the date of
authentication noted thereon.
5. Bond Form. The Bonds shall be in substantially the following
form, with such completions, omissions, insertions and changes not
inconsistent with this Resolution as may be approved by the officers signing
the Bonds, whose approval shall be evidenced conclusively by the execution
and delivery of the Bonds:
Unless this certificate is presented by an authorized representative of
The Depository Trust Company, a New York corporation ("DTC"), to the
issuer or its agent for registration of transfer, exchange, or payment, and
any certificate is registered in the name of Cede & Co., or in such other
name as is requested by an authorized representative of DTR (and any
payments made to Cede & Co. or to such other entity as is requested by an
authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER
USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS
WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an
interest herein.
REGISTERED REGISTERED
No. R-_ $
UNITED STATES OF AMERICA
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COMMONWEALTH OF VIRGINIA
ISLE OF WIGHT COUNTY
L'
General Obligation Refunding, Bond. Series of 1996
INTEREST RATE MATURITY DATE DATED DATE CUSIP
% ,
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT: DOLLARS
Isle of Wight County, Virginia (the "County"), for value received,
promises to pay, upon surrender hereof, to the registered owner hereof, or
registered assigns or legal representative, the principal sum stated above on
the maturity date stated above,. subject to prior redemption as .hereinafter
provided, and to pay interest hereon from its date semiannually on each
. 1 and 1, beginning on 1, 1996, at the annual rate
stated above, calculated on the basis of a 360-day-year and twelve 30-day-
months. Principal, premium, if any, and interest are payable in lawful
money of the United States of America by ,who has been
appointed paying agent and registrar for the bonds, or at such bank or trust
company as may be appointed as successor paying agent and registrar by
the County (the "Registrar").
Notwithstanding any other provision hereof, this bond is subject to a
book entry system maintained by The Depository Trust Company ("DTC"),
and the payment of principal, premium, if any, and interest, the providing
of notices and other matters shall be made as described in the County's
Blanket Letter of Representations to DTC.
This bond is one of an issue of $ General Obligation
Refunding Bonds, Series of 1996, of like date and tenor, except as to
number, denomination, rate of interest, privilege of redemption and
maturity, and is issued' pursuant to the Constitution and statutes of the
Commonwealth of Virginia, including the Public Finance Act of 1991. The
bonds are authorized. by a resolution adopted by the Board of Su~rvisors
of the County on March 21, 1996, to provide funds to refund portions of
general obligation bonds issued. by the County in 1990 and 1991.
Bonds maturing on or before are not subject to
redemption prior to maturity. Bonds maturing on or .after ,
are subject to redemption prior to maturity at the option of the County on
or after , in whole or in part at any time, upon payment of the
following redemption prices (expressed as a percentage. of principal amount
of bonds. to be redeemed) plus interest accrued and unpaid to the
redemption date:
Period During Which Redeemed Redemption
_ tBoth Dates Inclusive,~,_ prime
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Bonds maturing on , ~ are required to be redeemed in part
before maturity by the County on in the years and amounts set
forth below, at a redemption price equal to the principal amount of the
bonds to be redeemed, plus accrued interest to the redemption date.
Ygs Amount Y~ ~>~
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 may determine to be in the best interest of the County.
If less than all the bonds of a particular maturity are called for redemption,
the bonds within such maturity to be redeemed shall be selected by DTC
or any successor securities depository pursuant to its rules and procedures
or, if the book-entry system is discontinued, shall be selected by the
Registrar by lot in such manner as the Registrar in its discretion may
determine. In either case, (a) the portion of any bond to be redeemed shall
be in the principalamount of $5,000 or some integral multiple thereof and
(b) in selecting bonds for redemption, each bond shall be considered as
representing that number of bonds that is obtained by dividing the
principal amount of such bond by $5,000. The County shall cause notice of
the call for redemption identifying the bonds or portions thereof to be
redeemed to be sent by facsimile transmission, registered or certified mail
or overnight express delivery, not less than 30 nor more than 60 days prior
to the redemption date, to DTC, or its nominee, as the registered owner of
the bonds. If a portion of this bond is called for redemption, a new bond
in principal amount of the unredeemed portion hereof shall be issued to the
registered owner upon surrender hereof.
The full faith and credit of the County are irrevocably pledged for the
payment of principal of and 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 1986, as amended.
The Registrar shall treat the registered owner of this bond as the
person exclusively entitled to payment of principal of and premium, if any,
and interest on this bond and the exercise of all other rights and powers of
the owner, except that interest payments shall be made to the person shown
as the owner on the registration books on the 15th day. of the month
preceding each interest payment date.
All acts, conditions and things required by the Constitution and
statutes of the Commonwealth of Virginia to happen, exist or be performed
precedent to and in the issuance of this bond have happened, exist and
have been performed, and the issue. of bonds of which this bond is one,
together with all other indebtedness of the County, is within every debt and
other limit prescribed by the Constitution and statutes of the
Commonwealth of Virginia.
IN WITNESS WHEREOF, Isle of Wight County, Virginia, has caused
this bond to be signed by the Chairman of the Board of Supervisors,
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countersigned by the Clerk of the Board of Supervisors, .the County's seal
to be affixed hereto, and this bond to be dated .1996.
COUNTERSIGNED:
(SEAL)
Chairman, Board of Supervisors
Isle of Wight County,
Virginia
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:
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Clerk, Board of Supervisors,
Isle of Wight County,
Virginia.
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 an Eligible
Guarantor Institution such as
a Commercial Bank, Trust
Company, Securities Broker/
Dealer, Credit Union, or
Savings Association who is
a member of a medallion
program approved by The
Securities Transfer
Association, Inc.
(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 the principal of and
premium, if any, and interest on the Bonds. Unless other funds are
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lawfully available and appropriated for timely payment of the Bonds, the
Board shall levy and collect an annual ad valorem tax, over and above all
other taxes authorized or limited by law and without limitation as to rate
or amount, on all locally taxable property in the County sufficient to pay
when due the principal of and premium, if any, and interest on the Bonds.
7. Registration, Transfer and Owners of Bonds. Crestar Bank,
Richmond, Virginia, is appointed paying agent and registrar for the Bonds
(the "Registrar"). The County may appoint a qualified bank or trust
company as successor Registrar. The Registrar shall maintain registration
books for the registration and registration of transfers of Bonds. Upon
presentation and surrender of any Bond to the Registrar, at its wrporate
trust office if the Registrar is a bank or trust company, 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 shall 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 name as requested by the then registered owner or his
duly authorized attorney or legal representative. Any such exchange shall
be at the expense of the County, except that the Registrar may charge the
person requesting such exchange the amount of any tax or other
governmental. charge required to be paid with respect thereto.
The Registrar shall treat the registered owner as the person exclusively
entitled to payment of principal, premium, if any, and interest and the
exercise of all other rights and powers of the owner, except that interest
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. Sale of Bonds and Bond Purchase Agreement. The Board
authorizes the sale of the Bonds to the Underwriters upon the following
terms. The County Administrator shall (a) determine the principal amount
of the Bonds, subject to the limitations set forth in paragraph 1, (b)
determine the interest rates of the Bonds, subject to the limitations set forth
in paragraph 2, (c) determine the maturity schedule of the Bonds, subject
to the limitations set forth in paragraph 2, (d) determine the price to be paid
for the Bonds by the Underwriters, subject to the limitation set forth in
paragraph 2, and (e) determine the redemption provisions of the Bonds,
subject to the limitations set forth in paragraph 3, all as the County
Administrator determines to be in the best interests of the County.
Following the determination of the terms of the Bonds and their sale,
the County Administrator shall execute a bond purchase agreement with
the Underwriters (the "Bond Purchase Agreement") and deliver the Bond
Purchase Agreement to the Underwriters. The Bond Purchase Agreement
shall be in substantially the form of the draft dated March 12, 1996, copies
of which have been provided to the members of the Board. The final Bond
Purchase Agreement shall set forth the final terms of the Bonds and be in
a form approved by the County Administrator in collaboration with the
County Attorney and the County's bond counsel, the execution thereof by
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the County Administrator to constitute conclusive evidence of .the County
Administrator's approval of such Bond Purchase Agreement. Following the
sale of the Bonds, the County Administrator shall file the Bond Purchase
Agreement .with the Board. The actions of the County Administrator in
selling the Bonds shall be conclusive, and no further action with respect to
the sale and issuance of the Bonds shall be necessary on the part of the
Board.
9. Official Statement. A draft of a Preliminary Official Statement, •
copies of which have been provided to the members of the Board,
describing the Bonds is approved as the form of the Preliminary Official
Statement by .which the Bonds will be offered for sale, with such
completions, omissions, insertions and changes not inconsistent with this .
Resolution as the County Administrator, in collaboration with the Financial
Advisor, may consider appropriate. The County Administrator is
authorized .and directed to execute an Official Statement in final form and
deliver it to the Underwriters. 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 the Financial Advisor, the. execution thereof by .the County
Administrator to constitute conclusive evidence of his approval of any such
completions, omissions, insertions and changes.
1
10. 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 (the "Rule") of the Securities and
Exchange Commission (the "SEC"), except for the omission in the
Preliminary Official Statement of certain pricing and other information
permitted to be omitted pursuant to the Rule. 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 the
Rule.
11. Preparation and Delivery of Bonds. After the Bonds have been
awarded, the officers of the County 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 Underwriters upon payment.
therefor.
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12. Escrow Deposit Agreement. The County .Administrator, is
authorized and directed to execute an Escrow Deposit Agreement (the
"Escrow Agreement") between the County and Crestar Bank, Richmond,
Virginia, which is appointed as Escrow Agent (the "Escrow Agent"). The
Escrow Agreement shall be in substantially the form. of the draft dated
March 12, 1996, copies of which have been provided to the members of the
Board, and provide .for the deposit and investment of a portion of the Bond
proceeds for the payment of the Refunded Bonds. The final Escrow
Agreement shall be in the form approved by the County Administrator in
14
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collaboration with the County Attorney and the County's bond counsel, the
execution thereof ~ by the County Administrator to constitute conclusive
evidence of his approval of the Escrow Agreement. The Escrow Agreement
shall provide for the irrevocable deposit of a portion of the Bond proceeds
in an escrow fund which shall be sufficient, when invested in noncallable
direct obligations of or obligations guaranteed by the United States
Government, to provide for payment of principal of and premium, if any,
and interest on the .Refunded Bonds; provided, however, that such Bond
proceeds shall be invested in such manner that none of the Bonds will 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").
13. Deposit of Bond Proceeds. Either the County Treasurer or the
Director of Finance is authorized and directed (a) to provide for the
delivery to the Escrow Agent, for deposit in the escrow fund established by
the Escrow Agreement, an amount of the proceeds of the Bonds that,
together with other available funds and investment earnings thereon, will
be sufficient without reinvestment (i) to pay when due the interest on the
Refunded Bonds to the first date on which they may be redeemed at the
option of tine County, and (ii) to redeem the Refunded Bonds at redemption
prices equal to the respective principal amounts of the Refunded Bonds to
be redeemed, plus any interest accrued and unpaid to .such redemption
date, plus the applicable redemption premium, and (b) to provide for the
deposit of the remaining proceeds of the Bonds in a special amount to be
used to pay costs of refunding the Refunded Bonds and issuing the Bonds.
Either the County Treasurer or the Director of Finance is further authorized
and directed to take all such further action as may be necessary or desirable
in connection with the payment and redemption of the Refunded Bonds.
14. Forward Purchase Agreement. The County Administrator, in
collaboration with the Financial Adviser, is authorized and directed to
execute a Forward Purchase Agreement (the "Forward Purchase
~~lgreement") between the County, the Escrow Agent and a dealer in United
States Treasury Securities (the "Supplier"), whereby, upon the delivery by
or on behalf of the Supplier to the Escrow Agent, at certain agreed upon
times and in the manner described in the Forward Purchase Agreement, of
certain United States Treasury securities, the Escrow Agent is obligated to
purchase such securities and substitute them for cash held by it in the
Escrow Fund created by the Escrow Agreement.
15. Redemption of Refunded Bonds. The County Administrator is
authorized and directed to determine which 1990 Bonds and which 1991
Bonds shall constitute the Refunded Bonds. The refunded maturities of the
1990 Refunded Bonds are specifically and irrevocably called for redemption
on July 1, 2000. The refunded maturities of the 1991 Refunded Bonds are
specifically and irrevocably called for redemption. on January 1, 2002. The
Escrow Agreement shall provide for giving notice of redemption to the
registered owners of the Refunded Bonds in accordance with the
proceedings authorizing the issuance of the Refunded Bonds.
16. Arbitrage Covenants. (a) The County represents that there have
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not been issued, and covenants that there will not be issued, any obligations
that would be treated as part of the same issue of obligations as the Bonds
within the meaning of Treasury Regulations Section 1: 150-IT(c).
(b) The County covenants that it shall not take or omit to take any
action the taking or omission of which will cause the Bonds to be "arbitrage
bonds" within the meaning of Section 148 of the Code, or otherwise cause
interest on the Bonds to be includable in the gross income of the registered
owners thereof under existing law. Without limiting the generality of the
foregoing, the County shall comply with any provision of law 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 registered owners
thereof under existing law. The County shall pay any such required rebate
from its legally available funds.
17. Non-Arbitrage Certificate and: Elections. Such officers of the
County as may be requested 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 and elections shall be in such form. as may be requested by
bond counsel for the County,
18. Private Activity Bond Covenants. The County covenants that it
shall not permit the proceeds of the Bonds or the facilities financed with the
proceeds of the Bonds to be used in any manner that would result in (a) 5%
or more of such proceeds or the facilities financed with such proceeds being
used in a trade or business carried on by any person other than a
governmental unit, as provided in Section 141(b) of the Code, (b) 5% or
more of such proceeds or the facilities being financed with such proceeds
being used with respect to any output facility (other than a facility for the
furnishing of water), within the meaning of Section 141(b)(4) of the Code,
or (c) 5% or more of such proceeds being used directly or indirectly to make
or .finance loans to any persons other than a governmental unit, as provided
in Section 141(c) of the Code; provided, however, that if the County. receives
an opinion of nationally recognized bond counsel that any such covenants
need not be complied with to prevent the interest on the Bonds from being
includable in the gross income for federal income tax purposes of the
registered owners thereof under existing law, the County need not comply
with such covenants.
19. Qualified Tax-Exempt Obligations. The County designates the
Bonds. as "qualified tax-exempt obligations" far 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 .1996,
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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
1996 (not including "private activity bonds," within the. meaning of Code
Section 141, 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 1996, result in the County and such other entities having
issued a total of more than $10,000,000 of tax-exempt obligations in 1996
(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 1996 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.
20. Continuing Disclosure. The County desires to assist the
Underwriters in complying with the provisions of Section (b)(5)(i) of the
Rule providing for continuing disclosure. Accordingly, the County
covenants to do the following:
(a) The County shall provide annually certain financial
information and operating data in accordance with the provisions of Section
(b)(5)(i) of the Rule, as follows:
(i) audited financial statements, prepared in accordance with
generally accepted accounting principles for governmental units as
prescribed by the Governmental Accounting Standards Board; and,
(ii) the operating data with respect to the County of the type
described in the section of the Official Statement for the Bonds entitled
"Operating Data."
(b) The County shall provide annually the financial
information and operating data described in subsection (a) .above (the
"Continuing Disclosure") within 180 days after the end of the County's fiscal
year, commencing with the County's fiscal year ending June 30, 1996, to
each nationally recognized municipal securities information repository
("NRMSIR") and to the appropriate state information depository ("SID"), if
any is hereafter created.
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(c) Any of the Continuing Disclosure may be included by
specific reference to other documents previously provided to each IVRMSIR
and to the appropriate SID, if any is hereafter created, or filed with. the SEC;
provided, however, that any final official statement incorporated by
reference must be available from the Municipal Securities Rulemaking
Board (the "MSRB").
(d) The County shall provide in a timely manner to each
NRMSIR or the MSRB and to the appropriate SID, if any is hereafter
created, notice specifying any failure of the County to provide the
Continuing Disclosure by the date specified.
21. Event Disclosure. The County shall provide in a timely manner
to each 1VRMSIR or the MSRB and with the appropriate SID, if any is
hereafter created, notice of the occurrence of any of the following events
.with respect to the Bonds, if material:
(a) principal and .interest payment delinquencies;
(b) non-payment related defaults;
(c) unscheduled draws on debt service reserves reflecting
financial difficulties,
1
(d) .unscheduled draws on any credit enhancement reflecting
financial difficulties;
(e) Substitution of credit or liquidity providers, or their failure
to perform;
(f) adverse tax opinions or events affecting the tax-exempt
status of the Bonds;
(g) modifications to rights of Bondholders;
(h) bond calls;
(i) defeasance of all or any portion of the Bonds;
(J) release, substitution, or sale of property securing
repayment of the Bonds; and,
(K) rating changes.
22. Termination. The covenants and obligations of the County.
specified in Sections 20 and 21 will terminate .upon the redemption,
defeasance (within the meaning of the Rule) or payment in full of all the
Bonds.
23. .Amendment. The County reserves .the right to modify its
obligations contained in Sections 20 and 21 without the consent of
Bondholders, provided that such modification complies. with the Rule as it
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exis#s at the time of modification.
24. Defaults. (a) If the County fails to comply with any covenant
or obligation regarding Continuing Disclosure specified in this Resolution,
any holder (within the meaning of the Rule) of Bonds then outstanding
may, by notice to the County, proceed to protect and enforce its rights and
the rights of the holders by an action for specific performance of the.
County's covenant to provide the Continuing Disclosure.
(b) Notwithstanding anything herein to the contrary, any
failure of the County to comply with any covenant or obligation regarding
Continuing Disclosure specified in this Resolution (i) shall not be deemed
to rnnstitute an event of default under the Bonds and (ii) shall not give rise
to any right or remedy other than that described in Section 24(a).
25. Additional Disclosure. The County may from time #o time
disclose certain information and data in addition to the Continuing
Disclosure. Notwithstanding anything herein to the contrary, the County
shall not incur any obligation to continue to provide, or to update, such
additional information or data.
2b. Other Actions. All other actions of officers of the County and the
Board in conformity with the purposes and intent of this Resolution and in
furtherance of the issuance and sale of the Bonds are hereby 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.
27. Repeal of Conflicting Resolutions. All resolutions or parts of
resolutions in conflict herewith are hereby repealed.
28. 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, Virginia, held on the 21st day of March, 1996, and
of the whole thereof so far as applicable to the matters referred to in such
extract.
UVTTNESS my signature and the seal of Isle of Wight County, Virginia,
this day of .1996.
(SEAL)
Clerk, Board of Supervisors of Isle
of Wight County, Virginia
The motion was adopted unanimously (5-0).
Supervisor Bradby moved the Board return to the regular order of the
agenda. The motion was adopted unanimously (5-0).
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Chairman.Bradshaw called for Citizens Comments.
Mary Catherine Foster, employee of the Social Services Department,
requested the Board adopt a policy creating asmoke-free atmosphere for
County employees.
Phil Hobbs appeared wanting a clarification of zoning of his property ,
as it relates to a proposed trailer fabrication operation.
Supervisor Spady requested the County Attorney meet with the
Director of Planning and Zoning and report back to the Board on the matter
at their April meeting.
//
At 7:00 p.m., Supervisor Cofer moved the Board amend the order of
the agenda to conduct the public hearings. The motion was adopted
unanimously (5-0).
Chairman Bradshaw called for a public hearing on the following:
1
A. Six Year (1996-2002) Secondary Improvement Priority Plan for
Isle of Wight County and 1996-1997 Secondary Construction
.Budget Priority Plan for. Isle of Wight County
MacFarland Neblett, Resident Engineer, Virginia Department of
Transportation (VDOT), stated the County annually receives approximately
$1.2 million to $1.4 million.
Chairman Bradshaw .called for citizens to speak in favor of or in
opposition to the proposed Plans.
William Hayes, Charles Green and Robert Faison,. residents of Route
671, Country. Way requested the Board's assistance in cleaning the ditches
and pave Route 671.
Catherine Bowden of Bowden Lane requested the Board pave Bowden
Lane to help alleviate the dust which is posing a health hazard to her
family during the summer months.
Chairman Bradshaw closed the public hearing and called for
comments from the Board.
Supervisor Spady requested the status of Country Way.
Mr. Neblett stated Country Way. is currently not listed in the Six-Year
Plan as it was removed from the Plan sometime after 1994. Mr. Neblett
stated he was directed by the VDOT Central Office to only place roads in
the Six-Year Plan where all rights-of--way have been obtained.
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Supervisor Spady stated in 1992 he requested Country Way be placed
on the Six-Year Plan and he discovers this year that it has been removed
.without his knowledge. Supervisor Spady stated VDOT should notify the
County before removing roads from the Six Year Plan because this is a plan
for the County, not VDOT.
Supervisor Bradby requested Mr. Neblett have the ditches cleaned in
the Central Hill area.
Supervisor Spady moved the Board table the approval of the Six-Year
Plan until the April meeting and have the Planning and Zoning Department
review the matter and report on which roads were included on prior Six-
Year Plans and which are currently on the draft Plan, when the projects
were dropped and why. The motion was adopted unanimously (5-0).
B. .The application of EFG Inc. & Stephen T. Edwards, owners, and
Jesse J. Johnson, Jr., prospective owner for a change in zoning
classification from A-1, Agricultural Limited to Conditional R A,
Conditional Rural Residential, approximately 33 acres of land
located on the west side of Great Springs Road (Route 655)
between Foursquare Road (Route 620) and Stallings Lane in
Newport Magisterial Dishict. The purpose of the application is
for a rural residential subdivision of no more than 10 lots.
Chairman Bradshaw called for citizens to speak in favor of or in
opposition to the proposed application.
jessee Johnson, applicant, stated he has submitted several proffers, i.e.,
no more than ten residential lots will be created, there will be no
resubdivision of these lots, mobile homes will not be permitted, all lots in
the subdivision will have ingress/egress on an internal street and there will
be no access onto Great Springs Road except from the internal street. Mr.
Johnson stated anon-access easement has been incorporated into the
restrictions to restrict access from the one lot that does front on Great
Springs Road. Mr. Johnson stated he is proffering a cash proffer of $1,500
per lot to be paid at the time of the sale of each lot and restrictive covenants
have been proffered. Mr. Johnson stated he has additionally amended the
proffers to include .that the ten lots created would be served by individual
deep wells for water source and that the restrictions were amended to allow
no on-street parking, Mr. Johnson stated he has incorporated seventy-five
foot setbacks from the front lot lines on all ten lots.
W. M. Parker, landowner. on the west side of the lake, spoke in
opposition. Mr. Parker stated included in the Board's agenda is a petition
signed by thirty-three citizens in opposition to the application.
Mr. David distributed to the Board a letter received from Dennis L.
Glover and Mary H. Glover in favor of the application.
Chairman Bradshaw closed the public hearing and called for
comments from the Board.
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Supervisor Cofer stated when the rezoning for this property was first
heard by the Planning Commission in the late 1980's it was for thirty-five
to forty lots which would have a tremendous traffic impact on Great
Springs Road. Supervisor Cofer stated the application has an interior street
serving the ten lots with one access to Great Springs Road.
1
Supervisor Cofer moved the Board approve the application of EFG,
Inc. The motion was adopted unanimously (5-0).
C. The application of the Isle of Wight County Sheriff s Department
to hold "Dare Day" on Saturday,. Apri127, 1996, from 10:00 a.m.
to 6:00 p.m., at the Isle of Wight County Courthouse Complex
located on the west side of Courthouse Highway (Route 258) in
Hardy Magisterial District.
Chairman Bradshaw called for citizens to speak in favor of or in
opposition to the proposed application
Ilene Smith, employee of the Sheriff's office, spoke in favor and
requested a change in the date from April 27, 1996 to May 18, 1996.
Chairman Bradshaw closed the public hearing and called for
comments from the Board.
1
Supervisor Cofer moved the Board approve the application of the Isle
of Wight County Sheriff's Department with an amended date of May 18,
1996. The motion was adopted unanimously (5-0).
D. The application of the City of Franklin, owner and the Isle of
Wight County Board of Supervisors, lessees, for a Special Use
Permit to operate a solid waste collection/convenience center on
approximately one (1) acre of land located on the west side of
Lee's Mill Road (Route 616) south of the Southern Railway in
Windsor Magisterial District.
Chairman Bradshaw. called for citizens to speak in favor of or in
opposition to the proposed application.
Mr. David stated no one spoke in opposition when the Planning
Commission heard the matter and two people spoke in support. Mr. David
further stated the Planning Commission voted unanimously to recommend
approval of the application to the Board.
1
Chairman Bradshaw closed the public hearing and called for
comments from the Board.
Supervisor Cofer stated he does not have concerns about the site, but
does about the program itself and the direction the County is proceeding.
Supervisor Spady stated he did not realize until he saw the maps of
the proposed manned and unmanned sites how the sites were spaced in the
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County and he would like the Board to examine the feasibility of door-to-
door trash. collection before the County proceeds further with this plan.
In response to Supervisor Spady's question if the County is obligated
to the City of Franklin if the Board approves the Special Use Permit, County
Attorney Crook advised "no" because the lease is not yet signed.
Supervisor Spady stated if the County is not obligated to proceed,
then the Board can approve the application and decide later what direction
it wishes to proceed.
Supervisor Claud moved .the Board approve the application of the
City of Franklin. The motion was adopted unanimously (5-0).
//
Supervisor Cofer moved the Board return to the regular order of the
agenda. The motion was adopted unanimously (5-0).
//
Chairman Bradshaw called for the Community Development report.
A. The application of Locke W. and Deborah R. Kelly, owners, to
locate a mobile home for thirty-six (36) months while
constructing a residence at 23397 Sugar Hill Road in Newport
Magisterial District.
Mr. David stated no one appeared in opposition to the application at
the Planning Commission meeting and the Planning Commission voted
unanimously to recommend approval of the application with the following
conditions: (1) The applicant will occupy the mobile home for a period not
to exceed 36 months and (2) the mobile home must be removed from the
property once a Certificate of Occupancy is issued for the permanent single
family residence.
Supervisor Spady moved the Board approve the application of Locke
W. and Deborah R, Kelly as recommended by the Planning Commission.
The motion was adopted unanimously (5-0).
B. Subdivision plat of the property of Holladay Estates, Inc., a
Virginia corporation, to be known as Oyster Way, Cedar Grove
Road (Rt. 661) in Newport Magisterial District.
Mr. David stated the Planning .Commission recommends approval of
the subdivision plat to the Board.
Supervisor Cofer moved the Board approve the subdivision plat of
Holladay Estates, Inc. The motion was adopted unanimously (5-0).
C. Water Quality Impact Assessment -Cypress Creek Development
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Mr. David stated the Planning Commission voted unanimously to
recommend approval of the. Water Quality Impact Assessment pursuant to
the requirements of Section 5004. f.2 of the County's Chesapeake Bay
Preservation Area Ordinance.
Supervisor Spady asked if pre-development runoff has been
addressed.
Mr. David stated at the developer's expense, the County engaged a
third party engineering firm to review the technical aspects of the document
which revealed issues involving the amount of runoff coming out of the
lake onto the lower lake after development. Mr. David stated because of
the short distance between the discharge point of the lower lake and the
tidal stream, given the wide tidal marsh, no problems were anticipated.
Supervisor Bradby moved the Board approve the Water Quality
Impact Assessment. The motion was adopted unanimously (5-0).
D. Solid Waste Management System
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Mr. David stated construction had begun in early March to the Poor
House Farm attended convenience center which is anticipated to open in
April.. Mr. David .further stated upon this coming online, the existing
dumpsters will be closed at the Courthouse, Courthouse Highway and Four
Square Road, Isle of Wight School Bus Garage, Fire Tower Road and at the
Isle of Wight Academy. Mr. David stated the County has successfully
reached an agreement with VDOT to use right-of-way and a Special Use
Permit is currently being processed for the Old Stage Highway attended
convenience center at Route 10 Business/Bypass. Mr. David stated the
terms of the lease are being finalized for the attended convenience center
at Stave Mi11 Road and, upon execution of bid specifications, the. plans will
be developed. Mr. David stated this project. requires site improvements
regarding asphalting or similar material of the access drive, landscaping and
fill material and site drainage improvements. Mr. David stated the
Carrsville attended convenience center has been operational since early
December with no additional improvements needed. Mr. David stated a
lease .agreement must be prepared for the Camptown convenience center
and staff must amend the closure plan for the landfill. Mr. David stated
next year the County plans to convert six new unmanned sites in the
County and the existing sites in Rushmere, Orbit and Muddy Cross Road
are recommended to be retrofited with lowboys, fence, gravel and necessary.
lighting. Mr. David. stated unattended sites to serve Walters, Central Hill
and Mill Swamp areas are proposed. Mr. David stated that included in the
Board's agenda package is a spreadsheet analysis of both operational and
capital costs for all of the County's changes to the new system. Mr. David
stated for the Board's consideration is whether or not the County, SPSA,
private firm or a combination thereof can construct and operate the new
system with greater economies than the projected cost in the spreadsheet
and whether or not some form of door-to-door collection system established
and operated by the County, SPSA, private firm or some combination
thereof is economically viable either Countywide or within the County's
three Development Service Districts.
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Chairman Bradshaw stated there should be specific guidelines for
employees if the County is going to have manned sites.
Supervisor Spady stated the County is not saving the money it
originally thought it would save and perhaps the County should review the
situation again. Supervisor Spady stated the needs of the citizens are not
being addressed as some of the residents in Carrollton have gone to door-
to-door trash collection because they do not believe there is a convenience
center located close enough to them.
Chairman Bradshaw requested Mr. David provide the Board with a
cost analysis of the capital and operational costs as if the sites are
operational today verses door-to-door trash collection being provided in
certain sections of the County.
Supervisor Cofer moved the Board authorize the continuing
processing of a Special Use Permit application for the Old Stage Highway
attended convenience center. The motion was adopted unanimously (5-0).
Supervisor Cofer requested staff review the feasibility of door-to-door .
trash collection in t:~e three Development Service Districts.
E. Nansemond River Watershed Study - U.S. Army Corps of
Engineers
Mr. David stated the Corps of Engineers has contacted the County
and the City of Suffolk concerning a reconnaissance study for the
Nansemond River Watershed. Mr. David stated the study, which is fully
funded, will be developed over the course of the next year and neither the
County, nor the City of Suffolk, is obligated for any financial contribution.
Mr. David stated the Corps of Engineers is requesting that the County and
City become formal participants in the study. Mr. David stated the
objective of the study is to determine the Federal interest in traditional
projects such as navigation, flood control, shoreline erosion and
environmental restoration in the watershed. and also to develop a
comprehensive watershed plan. Mr. David stated the Corps has advised
that there is sufficient funding to include the Chuckatuck Creek Watershed
in the study.
Supervisor Spady moved the Board authorize the County
Administrator to correspond with the Corps indicating the County's
willingness to participate in the Study and to request inclusion of the
Chuckatuck Watershed. The motion was adopted unanimously (5-0).
F. Regional stormwater Management Program -Hampton Roads
Planning District Commission
Mr. David stated the Hampton Road Planning District Commission is
requesting the County to contribute its pro rata share which would develop,
coordinate and administer a regional stormwater management program for
its member jurisdictions. Mr. David stated this program will include
activities related to public education, stormwater training,.
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legislative/regulatory monitoring, regional studies and technical assistance.
Mr. David stated the County's contribution to the program for FY1996-97
would be $1,330.
1
Supervisor Cofer moved .the Board authorize participation in the
Regional Stormwater Management Program. The motion was adopted
unanimously (5-0).
G: Consideration of an Amendment to the proposed FY1996-2001
Capital Improvements Program for Isle of Wight County (This
amendment is for certain proposed capital projects requested by
Friends of the Carrollton Library)
Mr. David stated the Friends of the Carrollton Public Library have.
requested an amendment to the CIP for FY1996-97 for $150,000 for the new
library because a grant in the same amount was not awarded from the
State's Library Services .and Construction Act Fund. Mr. David stated the
Friends of the Carrollton Public Library are also requesting that the County
pay for the design costs. Mr. David stated the Friends of the Carrollton
Public Library would also like to defer this year's capital budget
appropriation of $300,000 until next fiscal year. Mr. David stated the
Planning Commission unanimously adopted a motion to include $195,000
as a line item in the FY1996-97 budget portion of the proposed FY199b-2(~1
C1P. Mr. David stated the Planning Commission further recommended that
the design fees not exceed $45,000.
u
Supervisor Cofer moved the Board receive the Amendment .and table
and refer the matter to the CIP study committee. The motion was adopted
unanimously (5-0).
Mr. David distributed a schedule of times and dates for a proposed
work session relative to the draft Zoning Ordinance.
Mr. David stated that Michael Huffman is requesting the Board of
Supervisors grant him an extension on his Conditional Use Permit for his
mobile home.
County Attorney Crook stated Michael Huffman's Conditional Use
Permit is expiring and advised the Board that the procedure is that the
matter be heard by the. Planning Commission. which will conduct an
appropriate public hearing and make a recommendation to the Board.
//
Supervisor Cofer moved the Board amend the order of the agenda to
hear the second item under the County Administrator's section. The motion
was .adopted unanimously (5-0).
Sam Rosenthal, insurance consultant to .the County, stated the County
has reviewed its insurance renewal program and negotiated changes within
the County's group health insurance. program. Mr. Rosenthal stated the
County was offered a network called the Foremost Network which rnuld
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potentially save the County approximately $20,000 over the next year. Mr.
Rosenthal. stated the Virginia Health Network Preferred Provider
Organization has also been added to allow the County to enjoy additional
discounts at reduced fees. Mr. Rosenthal stated the County's drug card
utilization was unusually high, causing a potential rate increase. Mr.
Rosenthal. stated the County currently has a $2.50 deductible for generic
drugs and $4.50 deductible for name brand drugs. and he is suggesting.
$5.00 deductible for generic drugs and $10.00 for name brand drugs. Mr.
Rosenthal also suggested the .County include the Wellness Program for
preventive medicine for .County employees to obtain physicals, stress tests,
.proctology .examinations, OBGYN check-ups and mamograms. Mr.
Rosenthal stated Pan American will continue to be the County's. reinsurance
carrier and the County will continue its $100 annual deductible. Mr.
Rosenthal stated the administration fees have increased from $10.65 to
$12.65 and the specific stop loss rate was reduced by $.51 per employee per
month for single rate and by $.10 for family subscribers. Mr. Rosenthal
stated the County's total overall claims has the Pan American underwriters
concerned primarily related to the drug card usage and they have increased
the County's rates for the claims factors from $175 to $215 for single and
$385 to $488 for family members. Mr. Rosenthal stated the total maximum
liability of the County is $528,580. Mr. Rosenthal stated the program he is
suggesting for the County provides greater benefits to the employees and
also helps the County manage its overall costs.
Supervisor Cofer stated that a Preferred Provider Organization is not
an HMO and the County will be able to continue the same rates to the
employees.
Supervisor Spady moved the Board approve the suggestions of the
consultant. resulting in an increase in the County's prescription card rates
($5.00 for generic drugs and $10.00 for name brand drugs) and that the
County will participate in the P.P.O. and will also have wellness check ups.
The motion was adopted (4-0) with Supervisor Cofer abstaining from voting
on the matter.
//
Supervisor .Claud moved the Board return to the regular order of the
agenda. The motion was adopted unanimously (5-0).
//
Chairman Bradshaw called for the County Attorney's report.
County Attorney Crook stated that for the Board's consideration is a
smoking policy which prohibits smoking in County owned buildings and
vehicles.
Supervisor Claud moved the Board adopt the following Policy:
RESOLUTION TO ESTABLISH POLICY CONCERNING
SMOIQNG ON COUNTY OWNED PROPERTY
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POQM ~U -:. 1a_Z~
WHEREAS, smoking has been identified as a major health problem
in the United States. It is one of the leading causes of premature death,
disease and chronic disability in our country.
WHEREAS, the Board of Supervisors of Isle of Wight County is
dedicated to providing a healthy, comfortable and productive environment
for staff, employees and citizens.
BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors
of .Isle of Wight County as a County policy that the use of all tobacco
products, including cigarettes, cigars, pipes, chewing tobacco and snuff is
prohibited inside any building or vehicle owned or leased by the County
of Isle of Wight. Such prohibition shall apply at all times, day or night.
This policy shall apply to all staff, employees, visitors or other persons
conducting business within the buildings and vehicles of Isle of Wight
County.
The Board of Supervisors of Isle of Wight County adopts this policy.
in a sincere. appeal to all staff, employees and citizens to cooperate in
helping create a truly healthy, smoke-free environment for all concerned.
The motion was adopted (4-1) with Chairman Bradshaw and
Supervisors Cofer, Bradby and Claud voting in favor of the motion and
Supervisor Spady voting against the motion.
County Attorney Crook stated the Public Service Authority members
adopted a policy for the development of utility extensions or constructions
to be paid for by the developer and deeded to the County for water and
sewer systems. County Attorney Crook requested the Board authorize him
to prepare an amendment to the Subdivision Ordinance to carry out the
same policy and advertise the matter for the Planning Commission meeting.
Supervisor. Cofer moved the Board authorize .the County Attorney to
prepare the necessary ordinance amendments to carry out that same water
and sewer policy and advertise the matter for public hearing at the
Planning Commission meeting. The motion was adopted unanimously (5-
0).
1
County Attorney Crook stated at the Board's request he met with the
Tidewater Soaring Society and he also spoke with Fred Walls and
corresponded with the owners of the property. County Attorney Crook
stated he was concerned that there should be insurance to cover the County
which the Tidewater Soaring Society has provided under their national
policy but there would have to be an endorsement to cover the County and
the landowners. County Attorney Crook stated his second concern was that
there be a save harmless provision to save the County from any expense
involved which would- be an .agreement between the Tidewater Soaring
Society and the County. County Attorney .Crook stated .his third concern
is that the farm tenant. raises hay and wheat on the property and this
proposed activity should be coordinated with him. County. Attorney Crook
..stated an agreement in writing needs to be prepared with the farm tenant
because he has been cutting and fertilizing the grass. County Attorney
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Crook stated he would recommend the Tidewater Soaring Society's request
to the Board on these conditions.
Supervisor Spady moved the Board authorize the Tidewater Soaring
Society's request for use of the property adjoining the Courthouse subject
to the recommendations of the County Attorney to include insurance
endorsement, agreement on a save harmless provision and coordination
with tenant who is farming the site. The motion was adopted unanimously
(5-0).
County Attorney Crook stated he has prepared an amendment to the
Isle of Wight/Franklin sewage agreement which was forwarded to Franklin
for approval and which incorporated a change regarding the amount to be
paid based on the average flow as measured in the year 1995. County
Attorney Crook stated he has the amendment with .that change which he
recommends to the Board for approval.
Supervisor Cofer moved the Board approve the amendment to the Isle
of Wight/Franklin sewage agreement. The motion was adopted
unanimously (5-0).
County Attorney Crook stated the School Board must submit its
budget by April 1, 1996 and the Board of Supervisors must then publish
notice of public hearing of the School Board budget at least seven days
prior to the public hearing. County Attorney Crook stated if the Board
publishes the School Board budget alone, the County only has to advertise
it one time. and then the Board must wait an additional seven days before
adopting the School Board budget. County Attorney Crook stated the
County budget and tax rate must be advertised twice, seven days before the
public hearing and fourteen days before the Board adopts it because of the
ordinance that enacts the tax levy.
The Board concurred that it wanted to advertise the School Board
budget alone for the Board's meeting in April and meet for a special
meeting seven days, or more, after the regular meeting in April.
County Attorney Crook stated he would meet with the Director of
Budget and Finance concerning the preparation of the public notice.
Supervisor Cofer moved the Board advertise the School Board budget
for the Board's April 18, 1996 meeting. The motion was adopted
unanimously (5-0).
County Attorney Crook stated he has one matter for executive session
later in the meeting.
//
Chairman Bradshaw called for the County Administrator's report.
County Administrator Caskey stated the resolutions contained in the
Board's agenda include $300,000 for the land acquisition, engineering and
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other tests required for the Windsor Elementary School.
County Attorney Crook stated there are two resolutions, one for
$145,339 for land acquisition, engineering and other tests associated with
the construction of the Windsor Elementary School and another resolution
for $154,661 to be appropriated to the school capital budget. County
Attorney Crook stated if it is .the Board's intention that the total funds of
$300,000 be used for land acquisition, engineering and other tests associated
with the construction of the Windsor Elementary School then both
resolutions should so state.
Supervisor Spady moved the Board adopt the following resolution
with the change incorporated in the. resolution to read the same as the
resolution which follows:
1
RESOLUTION TO ACCEPT AND APPROPRIATE ONE HiJNDI~D
FIFTY-FOUR THOUSAND SIX HUNDRED SIXTY-ONE DOLLARS
FROM THE WESTERN TIDEWATER REGIONAL JAIL
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has received unplanned revenues from the .Western Tidewater
Regional Jail; and,
WHEREAS, the funds in the. amount of one hundred fifty-four
thousand six hundred sixty-one dollars ($154,661) are approved for
appropriation to the School Capital Budget for land acquisition, engineering
and other tests associated with the construction of the Windsor Elementary
School.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that one
hundred fifty-four thousand six hundred sixty-one dollars ($154,661) from
the Western Tidewater Regional Jail be appropriated to the School Capital
Budget.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget and to do all things necessary to give
this resolution effect.
The motion was adopted unanimously (5-0).
Supervisor Cofer moved the Board adopt the following resolution:
1
RESOLUTION TO APPROPRIATE ONE HUNDRED FORTY FIVE
THOUSAND THREE HUNDRED THIRTY-NINE DOLLARS FROM THE
UNAPPROPRIATED FUND BALANCE OF THE .GENERAL FUND FOR
LAND ACQUISITION, ENGINEERING AND OTHER. TESTS
ASSOCIATED WITH THE CONSTRUCTION OF .THE WINDSOR
ELEMENTARY SCHOOL
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
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Virginia has approved the funding of the land acquisition, engineering and
other tests associated with the construction of the new Windsor Elementary
School; and,
WHEREAS, the funds in the amount of one hundred forty-five
thousand three hundred .thirty-nine dollars ($145,339) need to be
appropriated from the unappropriated fund balance of the General Fund for
approved expenditures associated with the land acquisition, engineering
and other tests required for the construction of the Windsor Elementary
School
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVID by the
Board of Supervisors of the County of Isle of Wight, Virginia that one
hundred forty-five thousand three hundred thirty-nine dollars ($145,339)
from the unappropriated fund balance of the General Fund be appropriated
for approved expenditures associated with land acquisition, engineering and
other tests required for the construction of the Windsor Elementary School.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget and to do all things necessary to give
this resolution effect.
The motion was adopted unanimously (5-0).
County Administrator Caskey submitted for the Board's consideration
a capital budget revision request by the Smithfield Volunteer .Fire
Department to revise a line item in their budget to include a smoke
machine, MSA speaker and C02 detector in lieu of an emergency generator.
Supervisor Cofer moved the Board authorize the purchase of the
requested new equipment by the Smithfield Volunteer Fire Department in
lieu of a generator. The motion was adopted unanimously (5-0).
County Administrator Caskey stated. the Hampton Roads Mayors and
Chairs Caucus is considering the concept of a public/private partnership
designed to enhance the competitiveness of the Hampton Roads region.
County Administrator Caskey stated in order to accomplish this effort there
is a financial obligation for the member jurisdictions to participate and the
County's contribution will be in the amount of $10,000 in next year's budget.
Supervisor Spady moved the Board direct the County Administrator
to notify Mayor Ward that the County will participate on a per capita basis.
The motion was adopted unanimously (5-0).
Supervisor Spady moved the Board request the Economic
Development Director perform an analysis on the benefits from the
economic development side and report to the Board on the matter prior to
their April meeting. The motion was adopted unanimously (5-0).
County Administrator Caskey stated the Mayors and Chairs Caucus
has discussed the prospects for major league professional sports in the
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.Hampton Roads area. County Administrator Caskey stated the Caucus is
requesting each locality's governing body give consideration to its interest
and ability to participate in this effort. County Administrator Caskey stated
the. Caucus wants to know whether or not the localities are .willing to
participate in studies and be a part of the effort and the initial costs for
these study efforts are to be borne by the Hampton Roads Planning District
Commission which is based on the local contribution which goes to the
Planning District each .year. County Administrator Caskey stated the
Caucus is also seeking the locality's comfort as to whether or not to obtain
the Greater Norfolk Corporation as being the contracting vehicle for this
effort. County Administrator Caskey stated the County just recently
received information as to the Greater Norfolk Corporation and its
membership which takes the matter away from the public procurement
process and puts into a private sector basis.
Supervisor Spady stated he did not believe the County needs to
participate.
Chairman Bradshaw, Supervisors Cofer and Claud stated they had no
problem with supporting the initial study, however, they could not commit
to any financial obligations.
Chairman Bradshaw asked if the Board wished to take a position on
supporting the Greater Norfolk Corporation being the consultant for the
study.
1
Supervisor Spady. stated he would prefer that the County Attorney
review the documentation and advise the Board on .the matter before
obligating the County financially.
Supervisor Cofer moved the Board table the matter until the Board's
April meeting to allow the County Attorney time to review the documents.
The motion was adopted: unanimously (5-0).
County .Administrator Caskey stated that included in the Board's
agenda is a request from the Isle of Wight County Substance Abuse
Advisory Council for compensation. County Administrator Caskey stated
the Council was originally formed in the 1970's and will receive in the
current budget $2,900 for operating expense in FY1995-96. County
Administrator Caskey stated the Council in 1993 reorganized, but the Board
has not taken action to approve the reorganization and formally appoint the
members of the Council.
Supervisor Spady requested Don Robertson to investigate and obtain
information on the current members, i.e., how many members, where they
are from, how close it comes to -what they should be to qualify if the Board
wants to appoint them, mission statement and overall objectives of the
Advisory Council.
1
Supervisor Spady moved the Board table the .request until the April
meeting. The motion was adopted unanimously (5-O).
32
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County Administrator Caskey staked the Virginia .Institute of
Government was formed in 1985 in order to provide an opportunity for
local governments in the Commonwealth to have consistent resources to
provide pertinent information, cost effective training and technical
assistance services responsive to the needs of local governments. County
Administrator Caskey stated the County is currently not a member and the
County's .contribution for membership for FY1996-97 would be
approximately $1,500.
Supervisor Cofer moved the Board approve the County's membership
in the Virginia Institute of Government for FY1996-97. The motion was
adopted unanimously (5-0).
Supervisor Spady moved the Board adopt the following resolution:
RESOLUTION TO APPROPRIATE TWENTY FIVE THOUSAND
DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE
TO THE FIFTH DISTRICT COURT SERVICES UNIT
WHEREAS, the Board of Supervisors of the County of Isle of Wight, .
Virginia has appropriated funds to secure detention and provide for the
placement of youth through the Fifth District Court Services Unit; and,
WHEREAS, the funds in the amount of twenty-five thousand dollars
($25,000) need to be appropriated from the unappropriated fund balance of
the General Fund for additional expenditures to secure detention and
provide for the placement of youth through the Fifth District Court Services
Unit.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that twenty-
five thousand dollars ($25,000) from the unappropriated fund balance of the
General Fund be appropriated for additional expenditures to secure
detention and provide for the placement of youth through the Fifth District
Court Services Unit in the 1995-96 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 and to do all things necessary to give
this resolution effect.
The motion was adopted unanimously (5-0).
//
Chairman Bradshaw called for Old Business.
The request of the City of Virginia Beach for a Conditional Use Permit
and amendment to the Local Consent Agreement previously adopted
by the Board of Supervisors on December 3, 1987, for construction of
a pipeline sixty (60) inches in diameter to transmit a maximum of
sixty million (60,000,000) gallons of water per day from the Pea Hill
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Creek Branch of Lake Gaston to the City of Norfolk raw water
facilities discharging into Ennis Pond Channel in the County of Isle
of Wight (Tabled February 22, 1996).
Supervisor Cofer moved the Board table the matter until the Board's
April meeting. The motion was adopted unanimously (5-0).
1
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//
Chairman Bradshaw called for New Business.
There was no new business offered for discussion by the Board.
Chairman Bradshaw called for Appointments.
Supervisor Bradby moved the Board appoint Stanley Turner to the
Planning Commission, replacing Bobby A. Bowser, representing the Hardy
District, whose term will expire in February of 2000. The motion was
adopted unanimously (5-0).
Supervisor Cofer moved the Board appoint the Director of Budget
and Finance to serve on the Board as the fiscal agent under the
Comprehensive Services Act, The motion was adopted unanimously (5-0).
LJ
Supervisor Claud moved the Board appoint Betty Alphin to the
Overall Economic Development Plan Committee, replacing O. A. Spady,
whose term will expire in March of 1997. The motion was adopted
unanimously (5-0).
Supervisor Cofer moved the Board reappoint the following members
to the Overall Economic Development Plan Committee, whose terms will
expire in March of 1997: Edna R. King, Ron Pack,. Pete Carr, Robert C.
Claud, .Alan Monette and Lynn Harris (ex-officio). The motion was adopted
unanimously (5-0).
Chairman Bradshaw moved the Board reappoint Henry H. Bradby to
the Public Service Authority, representing the Hardy District, for an
additional four-year term which will expire in March of 2000. The motion
was adopted unanimously (5-0).
Supervisor Spady moved the Board appoint Mark Brown to .the
Wetlands Board, replacing Robert L. Brown, representing the Newport
District for afive-year term which will expire in February of 2001. The
motion was adopted unanimously (5-0).
1
Supervisor Claud moved the Board reappoint Henry H. Bradby to the
Southeastern Virginia Areawide Model Program, Inc. for an additional four-
year term which wi1T expire in May of 2000. The motion was adopted
unanimously (5-0).
34
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//
County Attorney Crook requested an executive session pursuant to
Section 2.1-344 A7 of the Freedom of Information .Act concerning legal
matters requiring the provision of legal advice by counsel and under
Section 2.1-344 Al concerning two personnel matters.
At 9:20 p.m., Supervisor Cofer moved the Board enter executive
session for the reasons stated. by the. County Attorney. The .motion was
adopted unanimously (5-0).
Upon returning to open session at 9:47 p.m., Supervisor Cofer moved
the Board adopt the following resolution:
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,
WHEREAS, 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
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.
V
AYES: 5
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The motion. was adopted unanimously (5-0).
Supervisor Cofer moved the .Board continue its approval of
contribution for secretarial expenses for the Circuit Court Judge as in the
past. The motion was adopted unanimously (5-0).
Supervisor Spady moved that the compensation for overtime as
requested by Public Works be appropriated from the unappropriated fund
balance. The motion was adopted unanimously (5-0).
1
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Supervisor Cofer moved the Board continue the meeting to Tuesday,
Apri12,, 1996 at 3:30 p.m. The motion was adopted unanimously (5-0).
. P ' A. Bradshaw, Chairman
w. Doug key, CI
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