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01-30-1997 Continued Meetingeo~~ ~.7 .~ 1,~ CONTINUED MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE THIRTIETH DAY OF JANUARY 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 continued meeting to order at 1:00 p.m. // County Attorney Crook requested an executive session under Section 2.1-344 Al of the Freedom of Information Act for interviews of prospective candidates for employment and under Section 2.1-344 A7 for advice of counsel relative to potential litigation. At 1:02 p.m., Supervisor Cofer moved the Board enter executive session for the reasons stated by the County Attorney. The motion was adopted (4-0). Supervisor Bradshaw was not present. The Board returned to open session at 2:10 p.m. County Attorney Crook stated Supervisor Bradshaw came in after the Board had gone into executive session and did participate in the executive session discussion. Supervisor Claud moved the Board adopt the. following resolution: CERTIFICATION 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, 2.1-344.1A 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 1 1 1 BOCK ~ ~7 ~~~ ~) 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. 1 VOTE AYES: 5 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion was adopted unanimously (5-0). Supervisor Spady moved the Board authorize the County Attorney and County Administrator enter negotiations with the number one chosen architectural firm for the design of the Carrollton Library. The motion was adopted unanimously (5-0). // Chairman Bradby called for Old Business. 1 County Attorney Crook stated .the next matter on the Board's agenda is the Compensation and Classification study with the consultants. In this regard, County Attorney Crook stated John Edwards, Editor of the Smithfield Times, had filed a petition for an injunction which was absurd and uncalled for and there was no hearing set and, at this point, no action needed on the part of the County or Counsel for the Board. The Daily Press, under a letter signed by Roger Neil, reporter, directed to him as. County Attorney, dated January 29, 1997 concerning this meeting which stated the opinion of the Daily Press as to the Freedom of Information. Act and how it would apply and that the consultant's study would be protected where the privacy of individual employees' salaries were being considered, but not as to the overall .Plan. County Attorney Crook stated he concurred with that statement, and has advised the Daily Press accordingly and would like the following letter made part of the record: January 29, 1997 H. Woodrow: Crook County Attorney Isle of Wight Dear Mr. Crook: I am a reporter for the Daily Press and have been assigned to cover a meeting of the Board of Supervisors on January 30, 1997. 2 800N ~ 1 -, ~.~~ I have been informed that the Board intends to meet in executive session to discuss the salary scale for County employees. I believe an executive session under these circumstances .will violate the Virginia Freedom of Information Act, Section 2.1-344 of the Virginia Code. Specifically, I believe that salary scales of a group of employees fails to meet the criteria for an exemption granted for discussion of specific employees' .salary. A 1975 ruling by the Virginia Attorney General on the issue states. that discussion by governmental bodies of overall salary levels of public employees are required to be held in public meetings: "The .confidentiality permitted by Section 2.1-344 (a) (i) as to discussion of public employee salaries and related matters is intended to protect the privacy of individual employees. Discussion of overall salary levels of public employees would not require the same confidentiality as would be required for discussion of individual employment status or salary. I am of the opinion, therefore, that executive discussion by governmental bodies. of overall salary levels of public employees is not authorized by Section 2.1-344 (a) (i) and that such deliberations are required to be held in a public or open meeting." I respectfully request that the Board not meet in executive session and that. my objection be recorded in the minutes of this meeting. Thank you. Signed /Roger Neil Daily Press County Attorney Crook stated he would deal with the petition of the Times in due course. // Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources, introduced Mark Carpenter, David M. Griffith and Associates (DMG). Mr. Carpenter stated once the Board agrees that the salary scales set up by DMG are competitive and that there is equity internally within the relationships of different jobs within the organization, the Board must then decide how the pay plan is to be administered, i.e., across the board increases or will it be based on longevity, productivity, performance or some. combination of .these. DMG, as part of .their proposal, has a performance evaluation system designed to operate in an open range system. DMG will meet with management and perform training systems to explain how the system works. The second phase of DMG's contract establishes parameters for the scale. In terms of maintaining the system for the inclusion. of new positions, DMG for a fee of $200 will evaluate the position and write new job descriptions, stated Mr. Carpenter. 1 1 ~l 3 EO~K .~7 •: ~~r) Supervisor Bradshaw moved the Board proceed with the Pay and Classification Plan utilizing the open system. The motion was adopted unanimously (5-0). 1 Mr. Robertson noted he would provide the Board with a recommended pay scale for all Constitutional Officers' positions by the State Compensation Board and that the Plan could be amended at a later date to include the Constitutional Officers. E. Wayne Rountree, P.E., Director of Public Utilities, requested the Board set a date to discuss recommendations on the Northern Development Service District Water Feasibility Study currently underway. The Board concurred that it would .continue its meeting to February 4, 1997 at 4:00 p.m. // Chairman Bradby called for New Business. Supervisor Bradshaw moved the Board direct the Assistant to the County Administrator/Director of Human Resources draft a formal request to the County's General Assembly delegation requesting their assistance in funding the restoration of Boylcin's Tavern. The motion was adopted unanimously (5-0). 1 // Anne F. Seward, Director of Budget and Finance, presented a resolution to the Board for its consideration relative to the advancement of funds for the proposed Windsor Elementary School. Ms. Seward noted the resolution must be adopted within sixty days of the advancing of funds. Supervisor Claud moved the Board adopt the following resolution: RESOLUTION OF OFFICIAL INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF A BORROWING WHEREAS, Isle of Wight County, Virginia (the "Borrower"), intends to acquire, construct and equip a .new elementary school in the County (the "Project"); and, 1 WHEREAS, plans for the Project have advanced and the Borrower began advancing its own funds to pay expenditures on or after December 1, 1996, and expects to continue advancing .its own funds to pay expenditures related to the Project (the "Expenditures") prior to incurring indebtedness and to receive reimbursement for such Expenditures from proceeds of tax-exempt bonds or taxable debt, or both; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA: 4 O~LK ~~ 'r: ~.4f~ 1. The Borrower intends to utilize the proceeds of tax-exempt bonds (the "Bonds") or to incur other debt, to pay the costs of the Project in an amount not currently expected to exceed $10,000,000. 2. The Borrower intends that the proceeds of the Bonds be used to reimburse the. Borrower .for Expenditures with respect to .the Project made on or after December 1, 1996, which date is no more than 60 days prior to the date hereof. The Borrower reasonably expects on the date hereof that it will reimburse the Expenditures with the proceeds of the Bonds or other debt. 3. Each Expenditure was or will be, unless otherwise approved by bond counsel, either (a) of a type properly chargeable to a capital account under general federal income tax principles. (determined in each case as of the date of the Expenditure), (b) a cost of issuance with respect to the Bonds, (c) a nonrecurring item that is not customarily payable from current revenues, or (d) a grant to a party .that is not related to or an agent of the Borrower so long as such grant does not impose any obligation or condition (directly or indirectly) to repay any amount to or for the benefit of the Borrower. 4. The Borrower intends to make a reimbursement allocation, which is a written allocation by the Borrower that evidences the Borrower's use of proceeds of the Bonds to reimburse an Expenditure, no later than 18 months after the later of the date on which the Expenditure is paid or the Project is placed in service or abandoned, but in no event more than three years after the date on which the Expenditure is paid. The Borrower recognizes that exceptions are available for certain "preliminary expenditures," costs of issuance, certain de minimis amounts, expenditures by "small issuers" (based on the year of issuance and not the year of expenditure) and expenditures. for construction of at least five years. 5. The Borrower intends that the adoption of .this resolution confirms the "official intent" within the meaning of Treasury Regulations Section 1.150-2 promulgated under the Internal Revenue Code of 1986, as amended. 6. This resolution shall take effect immediately. upon its passage. The motion was .adopted unanimously (5-0). // R. Bryan David, Director of Planning and Zoning, distributed a letter to the Board from the City of Virginia Beach addressed to the VDOT Resident Engineer. Mr. David stated. the City of Virginia Beach is requesting the closure of Routes 600 and 636 for approximately 45 days. Supervisor Claud moved the Board concur that this procedure will be acceptable under the local consent adopted by the County as long as it is agreeable with VDOT. The motion was adopted unanimously (5-0). 1 1 5 ~o~~ ~ 17 ~ i-1 ~ Mr. David noted he would monitor the progress for the length of time the roads are closed. Mr. David further noted he would communicate the Board's action to the VDOT Resident Engineer and the appropriate representatives for the City of Virginia Beach. 1 Regarding the issue of lighting at the Lee's Mill Road Convenience Center, Supervisor Spady noted the Board previously discussed expending minimal funds until the Board arrives at a decision on whether or not to proceed with door-to-door trash collection. // County Administrator Caskey requested the Board members advise him should they desire to be on the mailing list for a publication. entitled Capital Contact. County Administrator Caskey reminded the Board that February 6, 1997 is VACo/VML Legislative Day in Richmond. Mr. Caskey noted he would be glad to coordinate travel arrangements should the Board desire. 1 County Administrator Caskey referred to .correspondence received fromthe Hampton Roads Planning District Commission advising of a new regional program whereby the Commission is charged with developing eligibility requirements for individuals who might be facing termination of their water utility service due to their inabi?ity to pay their. water bill. Mr. Caskey requested the Board provide him with names of interested individuals that may wish to be .appointed to a committee tasked with developing eligibility criteria. Supervisor Bradshaw moved the Board direct .the Assistant to the County Administrator/Director of Human Resources draft a letter to the members of the General Assembly expressing the County's support of House Bill 2399. The motion was adopted unanimously (5-0). County Attorney Crook stated there is a statute which stipulates that counties have the same taxing powers as cities, and there are also countless statutes that state cities may do this and that, but not counties. The Bill should be worded very carefully to say that the taxing power of counties be the same as cities without exception, advised County Attorney Crook. // At 3:.17 p.rn., there being no further business for discussion by the Board, Supervisor Cofer moved the Board continue. its meeting until 4:00 p.m. on February 4, 1997. The motion was adopted unanimously (5-0). W. Dou skey, Cl 6 Henry . B adby, Chairman