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
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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.
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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.
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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.
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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.
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Supervisor Bradshaw moved the Board proceed with the Pay and
Classification Plan utilizing the open system. The motion was adopted
unanimously (5-0).
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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).
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//
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,
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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:
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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).
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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.
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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.
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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
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Henry . B adby, Chairman