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08-23-1994 Continued MeetingenoK ~ ~.6PACF ~~ CONTINUED MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTY THIRD DAY OF AUGUST IN THE YEAR NINETEEN HUNDRED NINETY FOUR PRESENT: O. A. Spady, Chairman Malcolm T. Cofer, Vice Chairman Henry H. Bradby J, R. Hager Also Attending: H. Woodrow Crook, Jr., County Attorney (Arrived at 9:16 a.m.) Myles E. Standish, County Administrator Carey H. Mills, Assistant Clerk Absent: Phillip A. Bradshaw The meeting was called to order by Chairman Spady at 9:00 a.m. // Chairman Spady called for Item 1: Refuse Sites County Administrator Standish stated included in the agenda are two leases for consideration of the Board for additional refuse collection sites to be .leased from private owners, one located in the Carrollton area and one south of Windsor toward Walters. County Administrator Standish stated he would recommendation execution of .the financing documents between the County and SPSA which are also included in the agenda for the Board's consideration. County Administrator Standish .reported the new refuse collection boxes at the Jones Creek and Carrsville refuse sites will be operational by Friday. Supervisor Bradby asked the County Administrator where the refuse container will be located in the Rushmere area. County Administrator Standish stated in addition to speaking with the Rushmere Food Mart store owner, he also spoke with VDOT yesterday concerning property off of Route 10 on Route 673 which VDOT wishes to lease to the County. Mr. Standish. further stated the VDOT site may be more centrally located while also serving a larger geographic area. Supervisor. Bradby requested the County Administrator to speak further. with the Rushmere Food Mart owner concerning leasing his property. Supervisor Bradby inquired where the nearest refuse collection center would be located for Tynes Corner residents. County Administrator Standish stated one site is being proposed r 1 1 4 1 1 1 cook 16Pacc ~1 across th.e skreet from the Poor House Farm. Mr. Standish further stated an additional site is being considered at the SPSA transfer station which would be operational during the week from 7:30 a.m. until 3;30 p.m. and noon on Saturday. Supervisor' Cofer moved the Board authorize approval of the leases subject to the approval of the County Attorney. The motion was adopted unanimously (4-0). Supervisor Hager moved the Board approve and authorize execution of the financing documents between the County and SPSA, subject to the approval of the County Attorney. The motion was adopted unanimously (4-0). it Supervisor Cofer moved the Board take aten-minute recess until the arrival of the County Attorney. The motion was adopted unanimously (4- 0). f/ Upon returning to open session at 9:18 a.m., County Attorney Crook presented a resolution to the Board for their consideration concerning lease of the Carrollton, Poor House Farm .and Sunset Road sites between the County and .SPSA. Chairman Spady moved the Board adopt the following resolution: Resolution Respecting .SPSA Financing of Solid Waste Collection Facilities BE IT RESOLVED. by the Board of Supervisors of Isle of Wight County, Virginia, as follows; Section 1. Findings and Determinations. (a) On February 18, 1994, the County of Isle of Wight, Virginia (the "County"), and Southeastern Public Service Authority of Virginia ("SPSA"}, having been duly authorized by their respective governing bodies, entered into an Agreement for Solid Waste Collection .and Disposal Services Agreement (the "Solid Waste Services Agreement"), providing for the financing and .construction of solid waste collection Facilities at, and the provision of services to, unspecified sites within. the County, all for the purpose of enabling SPSA to provide to the County solid waste collection services. (b) The County has reduested SPSA to finance, design, construct and lease to the County solid waste collection facilities at three-particular sites, known as the Carrollton Center site, the Poorhouse Farm Center site and the Sunset Center site and to be described more particularly in exhibits to the Lease and Sublease hereinafter. mentioned. BOAX ~V PAGL 4~ . (c) SPSA and the County have agreed generally on the concept of the appropriate solid waste collection facilities to be constructed at the Carrollton Center site, the Poorhouse Farm Center site and the Sunset Center site. (d) SPSA has obtained from the Bank of Hampton Roads a commitment. to finance the estimated $300,000 cost of the solid waste collection facilities for the Carrollton Center site, the Poorhouse Farm Center ` r site and the Sunset Center site on terms that are acceptable both to SPSA and the County. (e) There have been presented to the Board of Supervisors of the County, together with this. resolution, drafts of the instruments that will implement the financing and -that are consistent with the Solid Waste Services Agreement and the commitment for financing extended by the Bank of Hampton Roads and acceptable to SPSA. Section 2. Authorization of Financing Documents Each of the Lease Agreement between the Board of Supervisors of the County and SPSA (the "Lease"), the Sublease Agreement between SPSA and the Board of Supervisors of the County (the "Sublease"), and the Financing , Agreement between SPSA and the Bank of Hampton Roads (the "Financing .Agreement") is hereby approved in the form presented at the meeting at which this resolution is adopted, and the Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board of Supervisors are hereby au#horized to execute and deliver the Lease and the Sublease in substantially such form together `with such changes as those executing such instruments may in their discretion approve as in the best interest of the County. Section 3. Reduest to SPSA SPSA is hereby authorized to approve the same instruments presented to the Board of Supervisors of the County at the meeting at which this Resolution is adopted, to issue its bond in the amount of up to $300,000 as contemplated by the Financing Agreement and to undertake the design, construction and leasing of, and provision of solid waste collection services by, the solid waste collection facilities at the Carrollton Center site, the Poorhouse Farm Center site and the Sunset Center site, all as contemplated by the Lease, the Sublease and the Solid Waste Services Agreement. Section 4. Effective .Date This Resolution shall take effect immediately upon its adoption. The motion was adopted unanimously (4-0). // County Attorney Crook stated he has received the necessary paperwork from the County Administrator concerning the Sunset and 3 1 r 8(tOK 119 PAGE ~~ Bartlett Centers and will prepare the necessary leases for the Board's consideration. . County Attorney Crook stated he has prepared the lease between the County and the YMCA for the Board's cansideration. Mr. Crook stated the lease provides for 240 months and contains a provision that the YMCA will accept t',he premises as they are and repairs will be compleked _af the YMCA's expense. Mr. Crook stated .the YMCA agrees to commence the renovations .immediately following the signing of the lease and further agrees ghat failure to commence renovations to the premises within 24 months of the signing of the agreement will render it null and void. Mr. Crook stated the YMCA does have an option to renew the lease at a negotiable rent and terms. NIr. Crook stated the YMCA has been advised that upc-n expiration of their twenty-year lease, the County will want to increase the rent for the facilities which can be determined at that time or the Board may decide not to rent to the YMCA. Ca~unty Attorney Crook stated the YMCA did request one .provision to the lease which stipulates that the YMCA will control their own schedule. Mr. Crook further stated the YMCA would also like to include in the lease the athletic building for office space which was constructed across the street from the library, if available. - Cc-unty Administrator Standish stated it is STC?P's intent to continue to use the- facility. Supervisor Cofer moved the Board approve the lease between the County and the-YMCA as presented by the County Attorney. The motion was adapted unanimously (4-0). // County Attorney Crook requested an executive session pursuant to Section 2.1-344 A7 of the Freedom of Information Act for consultation with counsel for legal advice concerning potential litigation.. t i AI: 9:25 a.m., Supervisor Cofer moved the Board enter executive session for the reason stated by the County Attorney. .The motion was adoptedl unanimously (4-0). Supervisor Hager left the execukive session at 11:00 a.m. and did not return. Upon returning to open session at 11.37 a.m., Supervisor Cofer moved the Board adopt the follawng resolution: RTI) CATION QF EXECU~VE MEETING V11'HEREAS, the Board of Supervisors has convened an executive meeting; on this date pursuank tv an affirmative xecorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, 4 ~ i 1 Y. YA01( ~,~PAGA ~~ 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. VOTE ` AYES: 3 NAYS: 0 ABSENT DURING VOTE: 1 ABSENT DURING MEETING: 1 The motion passed (3-0) of those members present. // Richard Cranwell stated based on discussions with the Board he felt it important to create a dialogue between the Board and the Town of Smithfield. Mr. Cranwell further stated he would suggest that the Board make a Freedom of Information request of the Town. that will allow the Board to begin accumulating the necessary information it will need to engage in a meaningful dialogue. Mr. Cranwell continued he would further suggest that the Board authorize the County Administrator to contact the Town- to set up a meeting between the County and the Smithfield Town Council. Supervisor Bradby moved the Board authorize the County Administrator to send a Freedom of Information request to the Town of Smithfield. The motion passed unanimously (3-0). Supervisor Cofer .moved that the Board authorize the County Administrator to contact the Town of Smithfield to set up. a joint meeting between the two governing bodies. The motion was adopted unanimously (3-0). // At 11.:44 a.m., Supervisor Cofer moved the Board adjourn.. The motion was adopted unanimously (3-0). Myles s11, Clerk ~.• ;. E ~~~ ti: