Loading...
08-22-1991 Continued Meeting ao~K 1.4 ;N:~ (~5 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. // 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 1 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 1 ~eooK 14 Baer 06 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 2 i r; ~o~K 1.4~=~ ~~ . o~ 1 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. 1 The motion passed unanimously (4-0) of those members present. // 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. // 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. // 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 3 aaoK i4 ~~~ os 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 1 4 •ti 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. // 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 5 eaeK 14 acs ~.~ 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. // 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 6