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.
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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
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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).
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Supervisor Cofer moved the Board take aten-minute recess until the
arrival of the County Attorney. The motion was adopted unanimously (4-
0).
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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.
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(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).
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County Attorney Crook stated he has received the necessary
paperwork from the County Administrator concerning the Sunset and
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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).
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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
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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,
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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.
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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).
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At 11.:44 a.m., Supervisor Cofer moved the Board adjourn.. The
motion was adopted unanimously (3-0).
Myles
s11, Clerk
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