08-22-1991 Continued Meeting
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CONTINUED MEETING OF,THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
HELD THE TWENTY SECOND DAY OF AUGUST IN THE YEAR NINETEEN HUNDRED
NINETY ONE.
PRESENT: Henry H. Bradby,
Joel C. Bradshaw,
Steven W. Edwards
Thomas L. Ross.
'Richard L. Turner
Chairman
Jr., Vice Chairman
(Arrived at 2:15 P.M.)
Also Attending: H. Woodrow Crook, Jr., County Attorney
Myles E. Standish, County Administrator
Donald T. Robertson, Assistant to the County
Administrator
Carey H. Mills, Assistant Clerk
Chairman Bradby called the .meeting to order at~2':00 P.M.
Supervisor Turner `delivered the invocation.
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Chairman Bradby advised that Supervisor Edwards would arrive
at the meeting late and requested that the :Board proceed with the
second matter of business on the agenda, the Regional Jail
resolution.
Supervisor Turner moved the Board proceed with the second
matter`on the agenda. The motion passed (4-0).
Chairman Bradby called for the following business:
Resolution of the County of Isle of Wight, Virginia,
Approving the Service Agreement in Connection with the
Western Tidewater Regional Jail Authority Project and
Allocating the Principal. Amount of the .Authority's
Revenue Notes Among the Participants in the Project
County Attorney Crook stated a similar resolution was
submitted for adoption at a previous meeting which had been acted
on, ..but that the resolution had been revised by Bond Counsel and
was again being submitted for consideration by the Board.
Supervisor Ross moved. the Board adopt the following
resolution:
RESOLUTION OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA,
APPROVING THE SERVICE AGREEMENT IN CONNECTION WITH
THE WESTERN TIDEWATER REGIONAL JAIL AUTHORITY PROJECT
AND ALLOCATING THE PRINCIPAL AMOUNT OF THE AUTHORITY'S
REVENUE NOTES AMONG THE PARTICIPANTS IN THE PROJECT
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WHEREAS, pursuant to the Jail Authorities Act, Article 3.1, Chapter
3, Title 53.1, Code of Virginia of 1950, as amended (the "Act"),
the County of Isle of Wight on August 16, 1990, the City of Suffolk
on September 5, 1990 and the City of Franklin on August. 27, 1990
(collectively, the "Member Jurisdictions") each adopted resolutions
creating the Western Tidewater Regional Jail Authority (the
"Authority") for the purpose of financing the acquisition,
construction and equipping of a regional jail facility to be
located in the City of Suffolk (the "Jail"), and providing for its
ongoing operation and maintenance for the benefit of the Member
Jurisdictions;
WHEREAS, in order to implement their resolutions, the Member.
Jurisdictions entered into an agreement dated November 1, 1990 (the
"Cooperation Agreement") setting forth the powers of the Authority
and authorizing the Authority to provide for the acquisition,
construction, equipping and. financing of the Jail, and to provide
for its operation and maintenance and the allocation of certain
costs and expenses and other responsibilities in connection with
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the Authority. and the Jail among themselves;
WHEREAS, the Authority proposes to issue its Regional Jail Facility
Revenue Notes, Series 1991 (the "Notes") under the terms of a
certain Indenture of Trust (the "Indenture") to provide a portion
of the costs in connection with the construction and equipping of
the Jail for the benefit of the Member Jurisdictions;
WHEREAS, the Authority and the Member Jurisdictions desire to enter
into a Service Agreement dated August 1, 1991 (the "Service
Agreement") by and among the Authority and each Member Jurisdiction
to provide .for the payment by each Member Jurisdiction of its
proportionate share of the principal and interest payments on the
Notes, its proportionate share of operating .and maintenance
expenses associated with the Jail and to set forth certain
responsibilities of all of them regarding the use of the Jail;
WHEREAS, a public hearing on the Jail and the County's obligations
under the Service Agreement has been held and notice thereof has
been. published in accordance with the requirements of Section 15.1-
227.8 of the Code of Virginia of 1950, as amended;
WHEREAS., the Authority has informed the County and the Member
Jurisdictions that it intends to issue its Notes for the Jail in
August or September of 1991 and has advised the County and the
Member Jurisdictions that the Authority intends to designate the
Notes as "qualified tax-exempt obligations" under Section 265(b)
of the Internal Revenue Code of 1986, as amended (the "Code"), if
the principal amount of the Notes does not exceed $10,000,000 to
.encourage commercial banks and similar financial institutions to
purchase them; and
WHEREAS, the County understands that if it does not take the action
evidenced by this Resolution with respect to the Notes, it and each
of the Member Jurisdictions will have to take into account the full
final original principal amount of the Notes in determining whether
it is eligible to issue qualified tax-exempt obligations in
calendar year 1991.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE
COUNTY OF ISLE OF WIGHT, VIRGINIA, AS FOLLOWS:
Section 1: The Service Agreement is hereby approved in
substantially the form presented at this meeting and the County
Administrator or the Assistant County Administrator of the County
are hereby authorized to execute and deliver the Service Agreement
to the Authority and other Member Jurisdictions.
Section 2: The full faith and credit of the County are irrevocably
pledged. to the County's obligation under the Service Agreement to
pay its pro rata share (33.90) plus an additional ten percent
.(10$) of the principal of, premium, if any, and interest on the.
Authority's Notes as the same become due and payable; provided the
total principal amount of the Notes does not exceed $11 million.
The Board shall levy an annual ad valorem tax upon all property in
the County subject to local taxation sufficient to pay such amounts
on the Notes unless ether funds are lawfully available and
appropriated for timely payment.
Section 3: Upon the effective date of the Service Agreement, the
County's Director of Finance and such other officers as may be
appropriate are directed to include in the County's annual budget
the County's share of the payments required to be made under the
Service Agreement.
Section 4: The County Administrator or Assistant County
Administrator are each authorized to execute and deliver on behalf
of the County; and, if required, the Clerk of the Board of
Supervisors or any Assistant is authorized to affix and attest the
seal of the County to, the Service Agreement in substantially-the
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form submitted to this meeting with such changes, insertions or
omissions, including without limitation, changes to conform. to the
terms of the Indenture or any changes recommended by a rating
agency in connection with providing a rating for the Notes, as may
be approved by the County Administrator or Assistant County
Administrator. of the County, whose approval .will be evidenced
conclusively by the execution and delivery of the Service
Agreement. Each officer of the County as any of the above
referenced officers may deem appropriate is authorized to execute
and deliver on behalf of the County such other instruments,
documents or certificates, and to do and perform such things and
acts, as they deem necessary or appropriate to carry out the
transactions authorized by this Resolution or contemplated by the.
Service Agreement, and all of the foregoing, previously done or
performed by such officers, are in all respects approved, ratified
and confirmed.
Section 5: The Board .irrevocably agrees that the final original
aggregate principal amount of the Notes will be allocated for
purposes of Section 265(b) (3) (C) of the Code to the County and
the Member Jurisdictions on the basis of each Member Jurisdiction's
pro rata share of .the costs of the Project as follows:
City of Suffolk... .........59.30$
County of Isle of Wight.........33.90$
City of Franklin .................6.80$
Section 6: The Board finds that. the allocation set forth above
bears a reasonable relationship to the benefits expected to be
received by the County from the issuance of the Notes. by the
Authority for the Jail.
Section 7: This Resolution will take effect immediately.
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The motion passed unanimously (4-0) of those members present.
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County Administrator Standish submitted a letter dated August
20, 1991 from Dr. Vincent Thomas, Pastor of the First Gravel
Baptist Church, requesting that the Board authorize a letter be
sent in support of a grant application. .County Administrator
Standish further stated Dr. Thomas was also requesting that a
member of the Board of Supervisors work with his planning board on
the project and solicit names of other agencies that may also
participate on the planning board.
.Chairman Bradby moved the Board direct the County
Administrator prepare and send a letter of support for the grant.
application. The motion passed (4-0) of those members present.
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Supervisor Bradshaw stated the Chief of the Carrsville
Volunteer. Fire Department had requested him to inform the Board
that he was disturbed about the voting precinct being changed from
the community house ~ to the fire department because it may interfere
with the fire trucks leaving the building in the event of afire.
County Attorney Crook stated the Electoral Board makes the
decision which is based upon State statutes and advice from the
Justice Department to have these polling places in public places
that are handicapped accessible.
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County Attorney Crook requested an Executive Session under
Section 2.1-344 A(1) of the Freedom. of Information Act specifically
for discussion of a personnel matter regarding early retirement and
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under Section~Z.1-344 A(7) of the Freedom of information Act for
discussion with counsel concerning ongoing litigation..
At 2:10 P.M., Supervisor Turner moved the Board qo into
Executive Session for the reasons stated by the County Attorney.
The motion passed (4-0) of those members present.
At 2:15 P.M., Supervisor Edwards entered the Executive
Session.
Upon returning to open session at 3:15 P.M., Supervisor Ross
moved the Board adopt the following resolution:
UERTIFICATION OF EXECUTIVE MEETING
WHEREAS, the Board of Supervisors has convened an executive
meeting on this date pursuant. to an affirmative recorded vote and
in accordance with the provisions of the Virginia Freedom of
Information Act; and,
WHEREAS, 2.1-344.1 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
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The motion passed unanimously (5-O).
County Administrator Standish stated. the issue being
considered by the Board was whether to participate in the Virginia
Retirement System Early Retirement Program and that it would take
a majority vote of the Board to participate.
Supervisor Turner stated the Board has tried to put together
dollar figures both from the Social Services office and County
Administrator's office as to the actual cost of the program to the
County as well as trying to be fair to employees of the County.
Supervisor Turner further stated although there is some difference
of opinion as to the cost to the County, there is a sizable cost
from the total expenditures for the twenty nine year program that
the State will charge the County, although on a yearly basis, the
cost is minimum. Supervisor Turner continued the Board has to
consider whether it is fair to expend this kind of money for the
early retirement of one individual. Supervisor Turner stated he
knew the individual involved and would like to be able to support
the request, but because of the cost to the County, he would not
be able to do so.
Supervisor Ross stated he
endorsed the comments submitted by
Ross continued that he would be
because of the cost to the County.
also knew the individual and
supervisor Turner.- Supervisor
unable to support the request
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Chairman Bradby stated-.the actual figures were unknown to the
Board and that the individual has served the County for many years.
Chairman Bradby further stated this would be a one-time opportunity
and that he would like to support the request of the individual,
particularly since School Board personnel were allowed to take the
early retirement.
Supervisor Edwards stated not to honor the request of this
individual would not be fair to County employees other than School
Board employees and that he did not believe. the cost would be as
high as projected by the County Administrator.
Supervisor Turner moved the Board deny the request for early
retirement. The' motion resulted in a tie vote (2-2) with
Supervisors Turner and Ross eating in favor and Chairman Bradby and
Supervisor Edwards voting against the motion and Supervisor
Bradshaw abstaining.
County Attorney Crook informed the Board he would call the tis
breaker and left the Board room to do so.
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Chairman Bradby called for the following:
Resolution of the School Board requesting the Board to
allow them to proceed with participating in the October
Virginia Public School Authority Bondssue for the two
new schools
Chairman Bradby stated Supervisor Turner. was ,absent at the
previous meeting when the matter was discussed and-asked .for
Supervisor Turner's thoughts on the matter.
Supervisor Turner stated he had received a .tape from the
County Administrator's office as to the discussion on the matter
and that he would be in favor of applying for a literary fund
because the interest rate is cheaper than anywhere else.
Supervisor Turner further stated that he could not support $25
million in two schools when the County does not have a total plan
of what the expenditures and needs for the County will be in the
next five to ten years. Supervisor Turner then voted against the
previous motion of Supervisor Edwards on August 15, 1991 to approve
the request of the School Board for $18.3 million.
County, Attorney Crook having returned stated this defeats the
motion to approve the application for $18.3 million by three to two
vote of the Board.
Supervisor Turner stated that if the Board feels that the time
frame is appropriate, he would be in favor of supporting a more
realistic figure of $13 million. Supervisor Turner further stated
the County could not afford the expenditures proposed under the
current request and that the per-student figures for other schools
in the State were much. lower. 5upervisor,Turner pointed out that
Dr. Morlino and Mr. Woodard have worked more- closely with the
architects and after October 1, 1991, they would not be here
anymore. Supervisor Turner then moved that the Board adopt the
following resolution to authorize the School Board to apply to the
Public. School Authority for $13 million:
RESOLUTION AUTHORIZING THE ISSUANCE,AND
SALE OF BONDS IN ISLE OF. WIGHT COUNTY, VIRGINIA,
IN THE MAXIMUM AMOUNT OF $13,400,000 DOLLARS
FOR THE..PURPOSE OF FINANCING NEW SCHOOLS CONSTRUCTION
WHEREAS,. the School Board of Isle of Wight County, Virginia, by
resolution adopted August 8, 1991, has requested the Board. of
Supervisors of Isle of Wight County, Virginia, to adopt a
resolution to contract a debt and issue general obligation bonds
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of the County of Isle of Wight to finance new schools construction
in the maximum amount of $18,000,000.00; and,
WHEREAS, the County of Isle of Wight upon approval by affirmative
vote of the qualified voters of the County voting in an election
on the question has previously elected to be treated as a city for
the purpose of incurring debt and issuing bonds pursuant to Section
15.1-227.40 of the Code of Virginia; and,
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, determines that it is advisable to contract a debt and
issue general obligation bonds of the County for new schools
construction as requested by the School Board of Isle of Wight
County, Virginia, pursuant to Section 15.1-227.41 of the Code of
Virginia.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle
of Wight County, Virginia:
(1) The Board of Supervisors of Isle of Wight County,
Virginia, has determined that it is advisable to contract a debt
and issue general obligation bonds of the County as requested by
the School Board of Isle of Wight County, Virginia, for the purpose
of new schools construction for the County of Isle of Wight,
Virginia;
(2) Pursuant to the Constitution and statutes of the
Commonwealth of Virginia, including the .Public Finance Act, there
are hereby authorized to be issued bonds of the County of Isle of
Wight in the maximum amount of $13,000,000.00 to provide funds,
together with other available funds, to finance new :schools
construction within the County of Isle of Wight, Virginia;
(3) The bonds shall bear such date or dates, mature at such
time or times not exceeding 40 years from their date, bear interest
at such rate or rates not to exceed the maximum rate authorized by
law at the time the bonds are sold, be in such denominations and
form, be executed in such manner and be sold at such time or times
and in such manner as the Board of Supervisors may hereafter
provide by appropriate resolution or resolutions;
(4) The bonds shall be issued for purchase and acquisition
by the Virginia Public School Authority of the Commonwealth of
Virginia, pursuant to Section 22.1-166 of the Code of Virginia;
(5) The bonds shall be general obligations. of the County for
the payment of principal of and interest on which its full faith
and credit shall be irrevocably pledged;
(6) This resolution shall take effect immediately.
The motion passed (3-2) with Supervisors Turner, Bradshaw and
Edwards voting in favor and Supervisors Ross and~Chairman Bradby
voting in opposition to the motion.
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County Attorney Crook informed the Board that regarding the
tie vote on the early retirement matter, the tie breaker was
unavailable.
Supervisor Bradshaw stated -that he could not vote on the
matter because he was on both the Social Services Board and the
Board of Supervisors and he did not feel he could vote fairly.
Supervisor Turner left the meeting at 4:00 P.M. and did not
return.
Supervisor Edwards moved the Board continue the meeting to
Monday, August 26, 1991 at 2:00 P.M. The motion passed unanimously
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