11-06-1997 Regular Meeting,:
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SIXTH. DAY OF NOVEMBER IN THE YEAR
NINETEEN HUNDRED NINETY SEVEN
PRESENT: Henry H. Bradby, Chairman
Robert C. Claud, Sr., Vice Chairman
O. A. Spady
Malcolm T. Cofer
Phillip A. Bradshaw
Also Attending: H. Woodrow Crook, Jr., County Attorney
W. Douglas Caskey, County Administrator
Donald T. Robertson, Assistant to the
County Administrator/Director of Human
Resources
Carey H. Mills, Recording Secretary
Chairman. Bradby called the meeting to order at 2:00 p.m. The invocation
was delivered by Supervisor Claud.
//
Chairman Bradby called for Special Presentations.
Rosalind Cutchins, Assistant Director, The Children's Center, briefed the
Board on Early Intervention Services.
Supervisor Bradshaw moved the Board adopt the following resolution:
RESOLUTION RECOGNIZING NOVEMBER
AS EARLY INTERVENTION MONTH IN ISLE OF WIGHT COUNTY
WHEREAS, ow children are ow most precious resource and represent the
future hopes of Virginia and the nation; and,
WHEREAS, it is our collective social responsibility and moral obligation
to protect ow children, to provide support to their families, to contribute to their
physical and mental well-being, and to enswe that each child has a fair and equal
chance to grow and develop to his or her maximum potential; and,
WHEREAS, there .are currently 18 children receiving early intervention
services in Isle of Wight County and others who are eligible for services but may
...not know that services exist; and,
WHEREAS, early detection and treatment of these conditions is critical to
the health and well-being of these children and families; and,
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WHEREAS, there are a variety of existing programs established to provide
help to children with disabilities and their families through early intervention;
and,
WHEREAS, there is a great need to increase public awareness and
understanding of the strengths and needs of our children with disabilities and to
encourage early detection and intervention.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Isle of Wight County recognizes the month of November, .1997 as Early
Intervention Month in recognition of local efforts in early intervention and to call
attention to its significance for all citizens.
The motion was adopted (4-0). Supervisor Cofer was absent at the time
of the vote.
Diane Howard, Isle of Wight Tourism Bureau, briefed the Board on the
status of the Civil War Trails project.
Leslie Bryant and John Springfield, Isle of Wight/Smithfield/Windsor
YMCA requested the Board appropriate funds far new windows in the fitness
room at the YMCA.
Supervisor Cofer moved the Board appropriate $10,000 from the Capital
Budget Contingency Account. The motion was adopted unanimously (5-0).
//
Chairman Bradby indicated the following Consent Agenda included Item
2, A and B, and asked if there were any items for removal:
A. Preliminary Subdivision Plat for Gatling Pointe South, Phase 2-A
B. October 2, 1997 Regular 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 (4-0) with Supervisor Spady abstaining.
//
Chairman Bradby called for Transportation Matters.
Jonathan W. Hartley, Director of Planning and Zoning, noted he did not
have any transportation issues for consideration by the Board.
Supervisor Spady noted he would be discussing the issue offlooding of the
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causeway at Rescue Bridge with the Resident Engineer at the Board's November
20, 1997 meeting.
Supervisor Bradshaw noted he would be discussing the issue of inadequate
drainage in the Camptown .community with the Resident Engineer at the Board's
.November 20, 1997 meeting.
County Administrator Caskey informed the Board that the VDOT District
Administrator has indicated that VDOT representatives are agreeable to .meeting
with the Board to discuss the County's transportation concerns and issues.
Supervisor Cofer moved the Board direct staff contact the necessary
individuals to arrange a work session with VDOT and Commonwealth
Transportation Board representatives on November 20, 1997 at 4:30 p.m. The
motion was adopted unanimously (5-0).
Supervisor Bradshaw requested Mr. Hartley provide the Board with a list
of its concerns for its reference prior to the work session.
//
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Chairman Bradby called for Citizens Comments.
There were no citizens' comments offered for discussion.
//
Chairman Bradby called for the Community Development report.
Mr. Hartley presented for the Board's consideration a request by Susan
Chance and Tom Kirk for an exception to the Chesapeake Bay Preservation Area
Ordinance to allow the construction of a single family dwelling in the required
one hundred foot (100) Resource Protection Area Buffer.
Susan Chance, property owner, noted she is willing to comply with the
Chesapeake Bay Ordinance and protect the water quality and ecology of the
Chesapeake Bay as demonstrated in the engineering report. Mrs. Chance
requested the Board keep in mind that due to the location of the utility easement
on her property, it is -not practical to locate the. house. out of the Resource
Protection Area (RPA). Mrs. Chance noted her property is the only property in
the subdivision affected by this easement which constitutes a hardship. and one
that is unique to her property.
Supervisor Spady stated he visited the site and the house would have to be
moved a considerable distance in order to comply with the Chesapeake Bay
Ordinance, which would not be a desirable location.. Supervisor Spady stated this
exception can, and should, be granted.. Supervisor Spady moved the Board
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approve the request of Susan Chance. The motion was adopted unanimously (5-
0).
Mr. Hartley presented for the Boazd's consideration the request of the Isle
of Wight. County Historical Society to locate a four (4) feet by .eight (8) foot
temporary illuminated detached sign at Boykin's Tavern, adjacent to Isle of Wight
Courthouse at 17140 Monument Circle, in Hardy Magisterial District, which is
located in the Courthouse Historic District.
Supervisor Bradshaw moved the Board approve the request of the Isle of
Wight County Historical Society. The motion was adopted unanimously (S-0).
Regarding the Jamestown/Camptown Community Development Block
Grant, Supervisor Bradshaw moved the Board authorize the expenditure of up
to $7,500 beyond. the original matching amount of $6,000 for .the
Jamestown/Camptown Community Development Block Grant (CDBG) Planning
Grant and that such funds come from the Contingency Fund. The motion was
adopted unanimously (5-0).
Mr. Hartley noted he would have an item concerning the nomination of the
James River for the American Heritage River Designation for the Board's
consideration at its November 20, 1997 meeting.
//
Chairman Bradby called for the Public Utilities Report.
E. Wayne Rountree, P.E., Director of Public Utilities, presented for the
Boazd's consideration an engineering agreement with Ballard Engineering for the
sewage pumping station to serve the Carrollton Elementary and Smithfield High
Schools. The County Attorney has reviewed the contract and approved as to
form, stated Mr. Rountree.
Supervisor Cofer moved the Board. approve the engineering agreement
with Ballard Engineering. The motion was adopted unanimously (5-0).
Mr. Rountree stated the Groundwater Management Act of 1992 requires
that all ,existing groundwater well systems that withdraw more than 10,000
gallons of water per day apply to the DEQ for a groundwater withdrawal permit.
Many systems did not apply for these permits and DEQ is working with each
individually to issue a special exception permit. Special. exceptions have been
issued for the Smithfield Heights/Sandy Mount, Days Point, C. L. Obrey and
Rushmere water systems. Should a major leak or significant increase in demand
occur, the permit conditions must be increased which can cost between $10,000
and $30,000, stated Mr. Rountree.
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Chairman Bradby called .for the Economic Development report.
Lynn P. Hams, Director of Economic Development, suggested the Board
convene a work session at 10:00 a.m. on December 4, 1997 to discuss economic
development issues and her work plan.
The Board concurred with meeting for the purpose of having an economic
development work session on December 4, 1997 at 10:00 a.m. prior to the
Board's regular meeting at 2:00 p.m.
Ms. Hams distributed brochures to the Board which she noted would~be
distributed to existing industries and prospects in the County.
Ms. Harris .stated .she previously submitted a proposal to the. Board
concerning membership in the Hampton Roads Alliance. In this regard, Ms.
Harris noted the various regional committees to which the County is currently
contributing. Ms. Harris further noted Hays Gant, Executive Director/Hampton
Roads Alliance, is scheduled to brief the Board at its December 4, 1997 meeting
concerning the Alliance.
Regarding the renovation of Boykins Tavern, Ms. Harris noted Thomas
Finderson and Mary Ruffin Viles have recommended renovation. of the second
and third floors as lodging areas, that existing plaster should remain or be
replaced with plaster and that an Architectural Historian should be procured. Bill
Crosby will provide a Scope of Work, stated Ms. Harris.
Evelyn Chandler distributed reports from Bill Crosby and Mary Ruffin
Viles, as well as a draft program for the "kick-off' scheduled for November 14,
1997 from 2:00 p.m. unti13:30 p.m. on the lawn of Boykin's Tavern (weather
permitting).
Ms. Hams noted that on November 14, 1997 VDOT will be holding its
"kick-off' meeting for the ISTEA 1998 grant funding.
Ms. Hams presented for the Board's consideration an agreement for
development and administration for the restoration and preservation of Boykin's
Tavern which she stated the County Attorney has reviewed and recommended
amendments to paragraphs 1 S and 1 T. VDOT has agreed to the changes and its
approval is expected within thirty days, stated Ms. Hams.
County Attorney Crook requested additional time to further review the
Agreement.
Supervisor Bradshaw moved the Board refer the Agreement to the County
Attorney for his recommendation. The motion was adopted unanimously. (5-0).
Regarding General Assembly grant funding for Boykin's Tavern,
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Supervisor Cofer moved the Board authorize staffto forward the letter contained
in the agenda dated November 6, 1997 under the Chairman's signature requesting
the Governor's support and the inclusion of $150,000 in the Governor's 1998-99
proposed budget. The motion was adopted unanimously (5-0).
Supervisor Bradshaw requested that the letter be forwarded to the County's
representatives on the Senate Finance and House Appropriations. Committees.
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Chairman Bradby called for the County Attorney's report.
County Attorney Crook requested an executive session under Section 2.1-
344 A3 of the Freedom of Information Act concerning acquisition and/or use of
public property for public purposes and under Section 2.1-344 Al concerning
advice. of counsel and staff regarding. negotiations of intergovernmental
agreements.
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, Supervisor Cofer moved the Board adopt.
the following resolution:.
['FRTIFICATION OF EXECt1TIVE MEETINCr
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. lA 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.
VOTE
AYES: 5
NAYS: 0
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ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
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The motion was adopted unanimously (5-0).
County Attorney Crook stated pursuant to negotiations between the City of
Suffolk and the County concerning forming a Western Tidewater Regional Water
Authority to serve the jurisdictions with certain resources to be committed to the
Authority, the City of Suffolk has adopted a resolution encouraging the County
to exercise its option with the City of Virginia .Beach for the reservation. of
1,000,000 gallons of water per day from the Lake Gaston pipeline. County
Attorney Crook recommended the Board adopt a resolution to commit that
resource to the Western Tidewater Regional Water Authority to be developed
with the City of Suffolk.
Supervisor Bradshaw moved the Board adopt the following resolution:
A RESOLUTION COMMITTING RESOURCES TO A
WESTERN TIDEWATER. REGIONAL WATER AUTHORITY.
WHEREAS, the City of Suffolk ("Suffolk") and Isle of Wight County ("Isle
of Wight") have a history of cooperation which has been of great benefit to the
residents of both jurisdictions, including participation in the Western Tidewater
Jail Authority; and,
WHEREAS, Suffolk and Isle of Wight have endorsed the formation of a
water authority (the "Authority") which will implement a comprehensive regional
water resource management policy; .and,
WHEREAS, based upon recent developments, it is anticipated that Suffolk
and Isle of Wight will join the Authority within the next several months; and,
WHEREAS, when the City of Virginia Beach (the "Virginia Beach")
undertook implementation of the Lake Gaston Pipeline Project in 1983, Isle of
Wight requested that Virginia Beach include 1 MGD capacity in the project for
use by Isle of Wfight; and, -
WHEREAS, by agreement, Virginia. Beach and the City of Chesapeake
("Chesapeake") provided that Isle of Wight would have the option to participate
in the. Lake Gaston Project as a 1/60 partner (the "Isle of Wight Water"); and,
WHEREAS, the Isle of Wight .Water option is a condition of the
Conditional Use Permit under which the Lake Gaston Project will operate in Isle
of Wight; and,
WHEREAS,. by agreement dated October 7, 1991, between Suffolk. and
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Virginia Beach; .Virginia Beach provided that if Isle of Wight: elected not to
participate in the Lake Gaston Project, Suffolk would have. the option to
participate in the project in the place of Isle of Wight.
NOW, TI~REFORE, BE IT RESOLVED, by the Board of Supervisors of
Isle of Wight County, Virginia that
I) Isle of Wight hereby exercises its .option to participate in the Lake
Gaston Project, and the County Administrator is directed hereby to take forthwith
all such actions as are necessary. to effectuate the exercise of the option; and,
2) Isle of Wight commits to the formation of the Authority, the territory
of which shall include a least Suffolk and Isle of Wight, as well as any other
jurisdictions which elect to participate and which will serve the- Authority's
purposes; and
3) Suffolk and Isle of Wight commit the Isle of Wight Water to the
Authority, and agree that, should the expenditure of funds be required before
Authority funds are available, Suffolk and Isle of Wight will advance the funds
on an equitable basis until a refund by the Authority, with reasonable interest,
is made; and
4) This resolution shall be in full force and effect immediately upon its
adoption.
The motion was adopted unanimously (5-0).
Supervisor Cofer moved the Board further authorize the County
.Administrator to notify the City of Virginia Beach by letter transmitting a copy
of the resolution and expressing the County's intent to exercise its option for
the water.. The motion was adopted unanimously (5-0).
County Attorney Crook stated he had other matters for executive session
later in the meeting.
County Attorney Crook noted that. the Board had.an executive session on
October 2, 1997 in which Supervisor Cofer left during the executive session
and did not vote on the certification resolution following the executive session.
Under the Freedom of Information Act each Board member in executive
session must vote on the certification that only the matters .identified in the
motion to enter executive were discussed and qualified for executive session
discussion, .stated Mr. Crook.
Supervisor Cofer voted "yes" on the resolution of certification.
Supervisor Bradshaw moved the Board direct the County Attorney
proceed with preparing a Parks and Recreation resolution by the December 4,
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1997 Board meeting concerning a Parks and Recreation Advisory Board and
an outline of duties. The motion was adopted unanimously {5-0).
County .Attorney Crook presented for the Board's consideration a
Subordination Agreement for H. W. Roberson Company's deed. of trust to the
County securing its proffers..
Supervisor Bradshaw moved the Board approve the H. W. Roberson
..Company Subordination Agreement. The motion was adopted unanimously (5-
0).
//
Chairman Bradby called for the County Administrator's report.
Anne F. Seward, Director of Budget and Finance, reminded the Board
that at .its March 20, 1997 and October 16, 1997 meetings authorizing
resolutions were approved for the issuance of General Obligation Bonds in the
maximum amount of $11,000,000 for the new Windsor Elementary School and
various utility projects in the maximum amount of $14,500,000. Ms. Seward
requested the Board approve a resolution providing for the issuance and sale.
of these bonds as to form, details and payments thereof.
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 6th day of November, 1997, 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: Henry H. Bradby, Chairman
Robert C. Claud, Sr., Vice Chairman
Malcolm T. Cofer
0. A. Spady
Phillip. A. Bradshaw
ABSENT:
None
the following resolution was adopted by the affirmative roll call vote of a majority of the members
of the Board of Supervisors, the ayes and nays being recorded in the minutes of the meeting as
shown below:
MEMBER VOT
Henry H. Bradby Aye
.Robert C. Claud, Sr. Aye
Malcolm T. Cofer Aye
0. A. Spady Aye
Phillip A. Bradshaw Aye
RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF
$14,250,000 GENERAL OBLIGATION WATER AND SEWER.
BONDS, SERIES. OF 1997A,. AND 55,800,000 GENERAL
OBLIGATION SCHOOL BONDS, SERIES OF 1997B, OF ISLE OF
WIGHT COUNTY, VIRGINIA, AND PROVIDIIYG FOR THE FORM,
DETAILS AND PAYMENT THEREOF
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• WHEREAS,~pursuant to Section 10(b) of Article VII of the Constitution of Virginia and
Section 15.1-227.40 of the Code of Virginia of 1950, as amended, Isle of Wight County, Virginia
(the "County', has elected by affumative vote of the qualified voters of the County, to be treated as
a city for the purpose of issuing its bonds;
WHEREAS, the issuance of general obligation bonds of the County in the maximum
amount of $11,000,000 was authorized by a resolution adopted by the Board of Supervisors of the
County (the "Board") on Mazch 20, 1991, to provide funds to .finance, in part, various school
projects,. including site acquisition, planning, design, construction, renovation, expansion,
• equipping and furnishing of public school and related facilities (the "School Project';
.WHEREAS, in anticipation of the issuance of such bonds, the Board has issued its
$10,800,000 General Obligation School Bond Anticipation Note, Series of 199? (the "BAN"), to
finance part of the School Project; .
WHEREAS, the County now wishes to repay a portion of the BAN;
WHEREAS, the issuance of general obligation bonds of the County in the maximum
amount of $14,500,000 was authorized by a resolution adopted by the Boazd on October 16, 1997,
to provide .funds to finance capital improvements to the County's utility system (the "Utility
Project");
WHEREAS, the Board has determined that it is in the County's best interest to issue
general obligation school bonds in the amount of $5,800,000 to retire a portion of the BAN and to
issue general obligation water and sewer.bonds in the amount of $14,250,000 to finance the Utility
Project;
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 two issues of general obligation bonds in the maximum
principal amount of $20,050,000; and
WHEREAS, the Boazd desires to delegate to the County Administrator the authority to
determine the final pricing terms of the bonds within certain parameters;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT
COUNTY, VIRGINIA:
I. Issuance and Sale. There shall be issued and sold, pursuant to the Constitution and
statutes of the Commonwealth of Virginia, including the Public Finance Act of 1991, general
obligation bonds of the County in the maximum principal amount of $20,050,000 (the "Bonds") to
(a) provide funds to refund a portion of the BAN, (b) provide funds to finance the Utility Project
and (c) pay the costs incurred in connection with issuing the Bonds. '
2. .Bond Details. The bonds shall be issued as two separate series (each a "Series")
and designated "General Obligation Water and Sewer Bonds, Series of 1997A," and "General
Obligation School Bonds, Series of 1997B" 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. The issuance and sale of the Bonds are authorized on terms as shall be
satisfactory to the County Administrator; provided, however, that the Bonds of each Series (a) shall
have a "true" or "Canadian" interest cost not to exceed 8% (taking into account any original issue
discount or premium), (b) shall be-sold to the purchasers thereof at a price not less than 100% 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 1998 and ending no later than the year 2022.
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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-yeaz 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 suaender of Bonds as they become due at the office of the Registrar, as
hereinafter defined.. Interest shall be payable by check or drag 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 has entered into a Blanket Letter of Representations relating to a book-entry
system to be maintained by DTC with respect to the Bonds. "Securities Depository" shall mean
DTC or any other securities depository for the Bonds appointed pursuant to this Section.
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In the event that (a) the Securities Depository determines not to continue to act as the
securities depository for the Bonds by giving notice to the Registrar, and the County discharges its
responsibilities hereunder, or (b) the County in its sole discretion determines (i) that beneficial
owners of Bonds shall be able to obtain certificated Bonds or (ii) to select a new Securities
Depository, then its chief financial officer shall, at the direction of the County, attempt to locate
another qualified securities depository to serve as Securities Depository and authenticate and
deliver certificated Bonds to the new Securities Depository or its nominee, or authenticate and
deliver certificated Bonds to the beneficial owners or to the Securities Depository participants on
behalf of beneficial owners substantially in the form appearing in Section S; provided, however,
that such form shall provide for interest on the Bonds to be payable (A) from the date of the Bonds,
if they aze 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). [n 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 (l)it or its nominee shall be the
registered owner of the Bonds, (2) notwithstanding anything to the contrary in this Resolution,
determinations of persons entitled to payment of principal, premium, if any, and interest, transfers
of ownership and exchanges and receipt of notices shall be the responsibility of the Securities
Depository and shall be effected pursuant to rules and procedures established by such Securities
Depository, (3) the Registrar and the County shall not be responsible or liable for maintaining,
supervising or reviewing the records maintained by the Securities Depository, its participants or
persons acting through such participants, (4) references in this Resolution to registered owners of
the Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial
' owners of the Bonds, and (5) in the event of any inconsistency between the provisions of this
Resolution and the provisions of the above-referenced Blanket Letter of Representations such
provisions of the Blanket Letter of Representations, except to the extent set forth in this paragraph
and the next preceding paragraph, shall control
3. Redemption Provisions. The Bonds may be subject to redemption prior to
maturity at the option of the County on or-after dates 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.
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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 interests of the County. If less than all the Bonds of a particular maturity
are called for redemption, the Bonds within such maturity to be redeemed shall be selected by the
' Securities Depository pursuant to its rules and procedures or, if the book-entry system is
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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 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 or Vice Chairman of the Boazd 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 DTC (and any
payment is 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 OTHERtiVISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the
registered owner hereof, Cede & Co., has an interest herein.
REG[STERED REGISTERED
No. R- $
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
ISLE OF WIGHT COUNTY
General Oblieation f Water and Sewer) fSchooll Bond Series of 19971A1 IBl
INTEREST RATE MATURITY DATE DATED DATE CUSIP
December 1, December 1, 1997
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 June 1 and
December 1, beginning on June 1, 1998, at the annual rate stated above, calculated on the basis of a
360-day-year ahd twelve 30-day-months. Principal, premium, if any, and interest are payable in
lawful money of the United .States of America by Crestaz Bank, Richmond, Virginia, who has been
appointed paying agent and registrar for the bonds, or at such bank or tnrst company as may be
.appointed as successor paying agent and registrar by the County (the "Registrar").
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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 [$14,250,000] {$5,800,000] General Obligation [Water and
Sewer] [School] Bonds, Series of 1997[AJ[B], 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 Supervisors of the County
on [Mazch 20, 1997,] [October 16, 1997,] to provide funds to [refund a portion of the County's
$10,800,000 General Obligation School Bond Anticipation Note, Series of 1997) [provide funds to
finance capital improvements to the County's utility systemj.
Bonds maturing on or before December 1, ,are not subject to redemption prior to
maturity. Bonds maturing on or after December 1, ,are subject to redemption prior to maturity
at the option of the County on or after December 1, , 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 Redempdoa
(Both Dates Inclusive) rice
[ .Bonds maturing on December 1, ,are required to be redeemed in part before maturity
by the County on December 1 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:
Year Amount Year Amount
If less than all of the bonds aze 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
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.
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.redemption identifying the bonds or porttons thereof to be redeemed to be sent by facstmtle
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 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.
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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 Boazd of Supervisors, countersigned by the Clerk of the Board of
.Supervisors, the Count}rs seal to be affixed hereto, and this bond to be dated December 1,1997.
COUNTERSIGNED:
(S~)
Clerk, Board of Supervisors, ~ Chairman, Board of Supervisors
Isle of Wighi County, Virginia 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
IDENTIFYRVG NUMBER OF TRANSFEREE:
.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 (Signature of Registered Owner
guaranteed by an .Eligible
Guarantor Institution such as NOTICE: The signature above
a Commercial Bank, Trust must correspond with the name
Company, Securities Broker/ of the registered owner as it '
Dealer, Credit Union, or appears on the front of this
Savings Association who is bond in every particular,
a member of a medallion without alteration or enlarge-
program approved by The ment or any change whatsoever..
Securities Transfer
Association, Inc..
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 lawfully available and appropriated for timely payment of the
' Bands, 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.
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7. Registration, Transfer and Owners of Bonds. Crestar Bank, Richmond, Virginia,
is appointed paying agent and registrar for the Bonds (the "Registraz"). 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 corporate tntst office if the Registrar is a bank or trust company,
together with an assignment duly executed by the registered owner or his duly authorized attomey
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 attomey 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 Registraz 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 1 Sth day of the month preceding each interest payment date.
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8. .Sale of Bonds. The Boazd approves the following terms of the sale of the Bonds.
The Bonds shall be sold by competitive bid and the County Administrator shall receive bids for the
Bonds and award the Bonds to the bidder providing the lowest "true" or "Canadian" interest cost,
subject to the limitations set. forth in paragraph 2. Following the sale of the Bonds, the County
Administrator shall file a certificate setting forth the final interest rates and the purchase price of the
Bonds. The actions of the County Administrator shall be conclusive, and no further action with
respect to the issuance and sale of the Bonds shall be necessary on the part of the Boazd.
9. Notice of Sale. -The County Administrator, in collaboration with the Financial
Advisor, is authorized and directed to take all proper steps to advertise the Bonds for sale
substantially in accordance with the form of Notice of Sale attached hereto which is approved,
provided that the County Administrator, in collaboration with the Financial Advisor, may make
such changes in the Notice of Sale not inconsistent with the provisions of this Resolution as he may
consider to be in the best interest of the County.
10. Official Statement. A draft of a Preliminary Official Statement to be dated the date
of its distribution, 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 purchasers of the Bonds. The Official Statement. shall be in
substantially the form of the Preliminary Official Statement submitted to this meeting, with such
completions, omissions, insertions and other changes as may be approved by the County
Administrator, in collaboration with 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. The County shall arrange for the delivery to the purchasers of
the Bonds of a reasonable number of copies of the final Official Statement, within seven business
days after the Bonds have been awarded, for delivery to each potential investor requesting a copy of
the Official Statement and to each person to whom the purchasers initially sell Bonds.
11. Official Statement Deemed Final. The County Administrator is authorized on
behalf of the County, to deem the Preliminary Official Statement and the Official Statement in final
form, each to be final as of its date within the meaning of Rule 15c2-12 (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 fatal
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.
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12. Preparation and Delivery of Bonds. After bids have been received and the Bonds
have been awarded, the officers of the County are authorized and directed to take all proper steps to
have the Bonds. prepared and executed in accordance with their terms and to deliver the Bonds to
the purchasers thereof upon payment therefor.
13. SNAP Investment Authorization. The Board has received and reviewed the
Information Statement (the."Information Statement") describing the State Non-Arbitrage Program
of the Commonwealth of Virginia ("SNAP") and the Contract Creating the State Non-Arbitrage
Program Pool I (the "Contract"), and the Board authorizes the County Administrator to utilize
SNAP in connection with the investment of the proceeds of the Series 1997A Bonds. The Board
acknowledges that the Treasury Boazd of the Commonwealth of Virginia is not, and shall not be, in
any way liabie to the County in connection with SNAP, except as otherwise provided in the
Contract.
• 14. Prepayment of BAN. Immediately upon issuance of the Bonds, the County
Treasurer is authorized and directed to pay to the holder. of the BAN the proceeds of the Series
1997B Bonds.
15. Arbitrage Covenants. (a) The County represents thacthere have not been sold, and
covenants that there will not be sold within 15 days of the date of sale of the Bonds, any obligations
that would be treated as part of the same issue of obligations as the Bonds within the meaning of the
Internal Revenue Code of 1986, as amended, including regulations issued pursuant thereto (the
"Code").
(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 "azbitrage 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.
16. Non-Arbitrage Certificate and Elections. Such officers of the County as maybe
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 regazding rebate of earnings to the United States for purposes of complying
with Section 148 of the Code. Such certificate and elections shall be in such form as may be
requested by bond counsel for the County.
17. .Limitation on Private Use. The County covenants that it shall not permit the
proceeds of the Bonds or the facilities financed with the proceeds of the Bonds to be used in any
manner that would result in (a) 5% or more of such proceeds or the facilities financed with such
proceeds being used in a trade or business carried on by any person other than a governmental unit,
as provided in Section 141(b) of the Code, (b) 5% oc 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 famishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) S% or more of
such proceeds. being used directly or indirectly to make or finance loans to any persons other than a
governmental unit, as provided in Section 141(c) of the Code; provided, however, that if the County
receives an opinion of nationally recognized bond counsel that any such covenants need not be
complied with to prevent the interest on the Bonds from being includable in the gross income for
federal income tax purposes of the registered owners thereof under existing law, the County need
not comply with such covenants.
18. Continuing Disclosure. 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:
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(a) The County shall provide annually certain financial information and
operating data in accordance with the provisions of Section (bx5)(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 Govemmental
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, 1997, to each
nationally recognized municipal securities information repository ("NRMSIR") and to the
appropriate state information depository ("SID"), if any is hereafter created.
(c) Any of the Continuing Disclosure may be included by specific reference to
other documents previously provided to each NRMSIR 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
19. Event Disclosure. The County shall provide in a timely manner to each NRMSIR
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; .
(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 ta~c-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.
30. 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.
21. Amendment. The County reserves the right to modify its obligations contained in
Sections 18 and 19 without the consent of Bondholders, provided that such modification complies
with the Rule as it exists at the. time of modification.
22. 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 constitute 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).
23. Additional Disclosure. The County may from time to 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.
24. Other Actions. All other actions of officers of the County and the Boazd in
conformity with the purposes and intent of this Resolution and in furtherance of the issuance and
sale of the Bonds aze hereby ratified, approved and confirmed. The officers of the County aze
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.
25. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in
conflict herewith are hereby repealed.
26. Effective Date. This Resolution shall take effect immediately.
The motion was adopted unanimously (5-0).
Relative to David Hardy's previous request to the Board regarding an
"Town Meeting", County Administrator .Casket' noted :included in the Board's
agenda. are two (2) dates for consideration.
The Board recommended the meeting be scheduled for January 10, 199$
at Smithfield High School.
Supervisor Bradshaw suggested the Board appoint a citizens' advisory
panel to report its recommendations regarding the comments received at the
open meeting to the Board.
.Arthur E. Berkley, Superintendent of Inspections, .provided the Board
with a brief overview of the County's recent IS0 Rating Classification. Mr.
Berkley stated such rating places the County in the top discount group for one
and two family residential and commercial properties.
Supervisor Bradshaw moved the Board direct staff to notify citizens of
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this rating and the positive effect it will have on their rates by publishing same
in the local newspapers. The motion was adopted unanimously (5-0).
Supervisor Spady requested Mr. Berkley advise the Board on those
communities that have not been surveyed at such time as their surveys are
.complete.
Supervisor Claud moved the Board adopt the following resolution:
RESOLUTION TO APPROPRIATE NINE MILLION THREE HUNDRED
SIXTY NINE THOUSAND NINE HUNDRED SEVENTY THREE
DOLLARS AND FIFTY CENTS TO THE SCHOOL CONSTRUCTION
FUND FOR THE NEW WINDSOR ELEMENTARY SCHOOL
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WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved the construction of the new Windsor Elementary School;
and,
WHEREAS, the funds in the amount of nine million three hundred sixty
nine thousand nine hundred seventy three dollars and fifty cents
($9,369,973.50) need to be appropriated. from the 1997 bond anticipation note
proceeds to the School Construction Fund in the 1997-98 budget of the County
of Isle of Wight, Virginia.
NOW, T'l ~REFORE, BE IT AND TT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that nine million
three hundred sixty nine thousand nine hundred seventy three dollars and fifty
cents ($9,369,973.50) be appropriated from the 1997 bond anticipation note
proceeds to the School Construction Fund in the 1997-98 budget of the County.
of Isle. of Wight, Virginia.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget and to do all things necessary to give this
resolution effect.
The motion was adopted unanimously (5-0).
Supervisor Spady moved the Board adopt the following resolution:.
RESOLUTION TO ACCEPT AND APPROPRIATE THREE HUNDRED
FORTY NINE THOUSAND THREE HUNDRED FORTY NINE DOLLARS
IN FEDERAL GRANT FUNDS FROM THE DEPARTMENT OF
EDUCATION FOR SCHOOL GRANT. PROGRAMS
WHEREAS, the School Board of the County of Isle of Wight has received
grant funds from the United States Department of Education; and,
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WHEREAS, the funds in the amount of three hundred forty nine thousand
three. hundred forty nine dollars ($349,349) need to be appropriated to the
appropriate line items in the 1997-98 budget of the County of Isle of Wight,
Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Boazd of Supervisors of the County of Isle of Wight, Virginia that three hundred
forty nine thousand three hundred forty nine dollars ($349,349) be appropriated
to the following line items in the 1997-98 budget of the County of Isle of Wight:
Title VI-Innovative Education Program $ 3,000
Educational Interpreter Grant 3,500
Pre-School Incentive 19,224
Title I-Carryover 61,356
Title VI-B x.62.269
$349_.,~4Q
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:
RESOLUTION TO ACCEPT AND APPROPRIATE TWENTY THREE
THOUSAND EIGHT HUNDRED THIRTY FOUR DOLLARS AND
EIGHTY SEVEN CENTS FROM THE COMMONWEALTH OF VIRGINIA,
DEPARTMENT OF FIRE PROGRAMS TO THE COUNTY'S
VOLUNTEER FIRE DEPARTMENTS-
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has been .awarded funds from the Commonwealth of Virginia,
Department of Fire Programs for the County's Volunteer Fire Departments; and,
WHEREAS, the funds in the amount of twenty three thousand eight
hundred thirty four dollars and eighty seven .cents ($23,834.87) have been
received from the Commonwealth of Virginia, Department of Fire Programs and
need to be appropriated to the Volunteer Fire Department line items in the 1997-
98 budget of the County of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that twenty three
thousand eight hundred thirty four dollars and eighty seven cents ($23,834.87)
..received from the Commonwealth of Virginia, Department of Fire Programs be
appropriated to line item 11-3202E-5604A Carrollton Volunteer Fire Department
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.($4,766.98); line item 11-3202E-56048 Carrsville Volunteer Fire Department
($4,766.98); line item 11-3202E-5604F Rushmere Volunteer Fire.Department
($4,766.98); line item 11-3202E-5604D Smithfield Volunteer Fire Department
($4,766.98); and line item 11-3202E-5604E Windsor Volunteer Fire Department
($4,766.98) in the 1997-98 budget of the County of Isle of Wight, Virginia.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight,. Virginia is authorized to make the appropriate
accounting adjustments in the budget far these funds and to do all the things
necessary to give this resolution effect.
The motion was adopted unanimously (5-0).
Supervisor Bradshaw moved the Board adopt the following resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE THREE THOUSAND
ONE HUNDRED SIX DOLLARS .FROM THE
VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES
WHEREAS, the County of Isle of Wight has .received Local Law
Enforcement Block Grant Program funds in the amount of three thousand one
hundred six dollars ($3,106) from the Virginia Department of Criminal Justice
Services; and,
WHEREAS, said grant program funds need to be appropriated to the
appropriate line item in the FY1997-98 budget of the County of Isle of Wight.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that three
thousand one hundred six dollars ($3,106) or as much as shall be received from
the Virginia Department of Criminal Justice Services be appropriated to the
Sheriff's Office line item in the FY1997-98 budget of the County of Isle of
.Wight.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustments in the budget for this grant award and to do all things
necessary to give this resolution effect.
The motion was adopted unanimously (5-0).
County Administrator Caskey presented a request from. the Sheriff
regarding a program to distribute excess military property within the State to
Virginia law enforcement agencies in support of law enforcement activities.
Taking possession of items. such as vehicles will likely .require that these be
added to the County's.. insurance policy, noted Mr. Caskey.
~~
County Attorney Crook commented that he had not had an opportunity.
to review the contract.
Supervisor Bradshaw moved the Board authorize the Sheriff s
Department to .participate in the Program and take possession of .certain
property that may be available subject to the County Attorney's approval of the
contract. The motion was adopted unanimously (5-0).
County Administrator Caskey .requested the Board's authorization to
proceed with the County"s contribution in .the. approximate amount of $474 to
the Planning District Commission (PDC) on behalf of a Regional Emergency-
Planner position.
Supervisor Claud moved the Board authorize the County Administrator
to respond with the County's contribution level for this proposal upon receipt
of the HRPDC Third Quarter Local Jurisdiction Contribution Report. The
motion was adopted unanimously (5-0).
County Administrator Caskey informed the Board that he has been
advised that the Farm Service Agency has relocated its office. In this regard,
the County has a number of offices that have represented a need for this
additional space, stated Mr. Caskey.
Supervisor Bradshaw moved .the Board: direct .staff to meet with the
Board's Building. and Grounds Committee (Supervisors Spady and Claud) to
formulate a plan for utilizing. the available space. The motion was adopted
unanimously (5-0).
Mr. Robertson presented a request from the. Isle of Wight County
Community Policy and Management Team. (CPMT) that the Board consider
appointing Ms. Beverly McQuarry as the "agent" for implementation of the
County's Family Preservation/Support Grant Program.
Supervisor Bradshaw moved the Board refer the matter to the County
Attorney for his recommendation. The motion. was adopted unanimously (5-0).
County Administrator Caskey noted that as a result of the Board's first
regular meeting in January falling on New Year's Day, the Board may wish to
consider rescheduling that meeting.
Supervisor Cofer-moved the Board cancel its first meeting in January,
1998 due to it falling on New Year's Day and that the January 15, 1998
meeting commence at 5:00 p.m. The motion was adopted unanimously (5-0).
County Administrator Caskey informed the Board that the Governor has
granted additional holiday time off. for State employees at Thanksgiving,.
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Christmas and New Year's Day.
Supervisor. Bradshaw moved .the Board authorize the County
Administrator to notify the Constitutional Officers and County staff that County
offices will close at 12:00 noon on Wednesday, November 26, 1997 and
remain closed on Thursday, November 27, 1997 and Friday., November 28,
1997 in observance of the Thanksgiving holiday break. The County
Administrator was further authorized to advise staff that County offices will
close at 12:00 noon on December 24, 1997 and will remain closed on
Thursday, December 25, 1997 and Friday, December 26, 1997. In addition,
County offices will be closed on Thursday, January 1, 1998 and Friday,
January 2, 1998. The motion was adopted unanimously (5-0).
County Administrator Caskey stated the Board :previously discussed the
issue of emergency sheltering responsive to concerns relayed to the Board by
the Director of Social Services. Mr. Caskey stated the Board directed. staff to
draft a plan which could be incorporated into the County's personnel policy in
which County employees would provide assistance in emergency situations...
In this regard, Mr. Robertson has prepared draft guidelines and procedures for
the Board`s review, stated Mr. Caskey.
Supervisor Claud requested the matter be placed on .the Board's:
November 20, 1997 agenda for further consideration. In the meantime, Mr.
Robertson was requested to .meet with Linda Bean and other appropriate
individuals.
//
Chairman Bradby called for Old Business.
There was no old business offered for discussion.
//
Chairman Bradby called for New Business.
Ms. Harris noted. that in order to hold the dedication ceremony scheduled
for November 14, 1997 for the Boykin's Tavern renovation to be covered
under the County's insurance, the Board must indicate their intention to
.sponsor the event.
Supervisor Bradshaw moved the Board sponsor the dedication ceremony
scheduled for November 14, .1997. The motion was adopted unanimously (5-
0).
//
aaaM 17 ~.:~4~0
Chairman Bradby called for Appointments.
Supervisor Spady moved the Board .appoint Mrs. Lloyd N. King to the
Commission on Aging, representing the Newport District, replacing Martha
Grace, for athree-year (3) term which will expire in November of 2000. The
motion was adoptedunanimously (5-0).
Supervisor Claud moved the Board appoint Julia W. Perkins to the Paul
D. Camp Community College Board, replacing Anne R. Edwards, fora four-
year (4). term which will expire in November of 2001.. The motion was
adopted unanimously (5-0).
County Administrator Casket' presented a request from the Hampton.
Roads Regional. Identity Task Force asking the Board to provide them by
November 30, .1997 names of several individuals to sit on a juror panel which
will judge a flag for the region.
Supervisor Bradshaw recommended staff provide the Board with the
names of potential individuals -who would be interested in serving.
Mr. Robertson was requested to provide the Board with candidates for
the following (public notices can be advertised, as necessary):
Comprehensive Youth Services Act Board
Senior Services of Southeastern Virginia Board of Directors
Youth Services Advisory Board
Commission on Aging (Eligibility of Grace Keen to serve).
//
County Attorney Crook requested an executive session. under Section
2.1-344 A7 of the Freedom. of Information Act concerning advice of counsel
relative to potential litigation. ,
County Administrator Casket' requested an executive session under
Section 2.1-344 A3 of the Freedom of Information Act relative to three matters
involving acquisition and/or use of public property for public use; under
Section 2.1-344 Al concerning two personnel matters;, under Section 2.1-344
A7 concerning two matters for advice of counsel relative to potential litigation;
and, under Section 2.1-344 Al concerning interviews with consultants for the
Housing Rehabilitation Technical Assistance Planning Grant for the
Jamestown/Camptown community.
Supervisor Claud moved the -Board enter executive session for the
reasons stated.. The motion was adopted unanimously (5-0).
ri
t
1
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. lA 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, T'1`fEREFORE, BE TT 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.
VOTE
AYES: 5
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The motion was adopted unanimously (5-0).
Supervisor Bradshaw moved the Board direct staff to negotiate with the
number one consultant for the Camptown/Jamestown Community Development
Block Grant (CDBG) Planning Grant. The motion was adopted unanimously
(5-0)
//
At 5:48 p.m., Supervisor Cofer moved the Board. adjourn. The motion
was adopted unanimously (5-0). ~,
Henry . Bradby, Chairman
W. Dou as askey, C
eoa~ ~ 17~-r: 4 ~i
Upon,returning to open session, Supervisor Bradshaw moved the Board
adopt the following resolution:
rFRTIFICATION OF EXECCTTNE MEETLNG