VIRGINIA:
AT A REGULAR MEETING OF THE BRUNSWICK COUNTY BOARD OF SUPERVISORS HELD ON WEDNESDAY, SEPTEMBER 20, 2006, AT THE AUDITORIUM OF THE COUNTY GOVERNMENT BUILDING
PRESENT: MARC L. FINNEY, CHAIRMAN; BARBARA JARRETT DRUMMOND, VICE-CHAIR; ROBERT H. CONNER, BERNARD L. JONES, SR., WELTON TYLER, BOARD OF SUPERVISOR MEMBERS; CHARLETTE T. WOOLRIDGE, COUNTY ADMINISTRATOR; TAMMY W. NEWCOMB, CMC, CLERK; RUSSELL O. SLAYTON, COUNTY ATTORNEY ***** Re: Closed Meeting at 5:30 p.m. Upon motion of Mr. Jones, seconded by Ms. Drummond, and unanimously carried, the Board convened in Closed Meeting to discuss the following 2.2-3711.A.5. Discussion concerning a prospective business or industry where no previous announcement has been made for the business’ or industry’s interest in locating its facilities in the community. 2.2-3711.A.1 Discussion of prospective candidates for employment. 2.2-3711.A.7 Consultation with legal counsel regarding the following specific legal matter requiring the provision of legal advise by such counsel: a. County policy re: free “tipping fee” for residents. b. Transition to elected School Board Ayes: Conner, Drummond, Jones, Tyler, Finney; Nays: None.
Upon motion of Mr. Jones, seconded by Ms. Drummond, and unanimously carried, the Board certified that, in the Closed Meeting just concluded, nothing was discussed except the matters specifically identified in the motion to convene in Closed Meeting and lawfully permitted to be so discussed under the provisions of the Freedom of Information Act cited in that motion. Ayes: Conner, Drummond, Jones, Tyler, Finney ; ****** Re: Regular Meeting at 7:00 p.m. The Chairman called the meeting to order and welcomed all citizens in attendance. ***** Re: Invocation and Pledge of Allegiance Supervisor Drummond gave the Invocation and led the Pledge of Allegiance. ***** Nays: None.
Re:
Approval of Agenda Upon motion of Ms. Drummond, seconded by Mr. Jones, and unanimously
carried, the Board approved the agenda with the following changes: Delete under County Administrator’s Report: Roanoke River Regional Management Team Meeting Brunswick Sheriff’s Department – Patrol Car Add under County Administrator’s Report: Airport Terminal Building Add under County Attorney’s Report: Elected School Board Add under New Business: Personnel Ayes: Conner, Drummond, Jones, Tyler, Finney; ***** Re: Virginia Department of Transportation Mr. Moody, VDOT, provided the following report: Construction ▪ Route 734 – Clement Road – Approved for construction ▪ Route 715 – Whitby Road – Securing environmental documents Spot Stabilization ▪ Route 608 – Smoky Ordinary Road – Waiting on contractor to return to area (intersection of Route 712 to Route 607) Maintenance Forces – Mowing on primary and interstate, replacing pipe, patching and cleaning intersections. Secondary Six Year Plan Update The General Assembly will be meeting at the end of the month to discuss funding for the Six Year Plan. It is recommended that the Board schedule its worksession on the proposed Six-Year Plan in February 2007 with a public hearing in March 2007. The General Assembly approved that by July 2009 all interstate maintenance must be contracted. VDOT is in the process of contracting services. ***** Re: Public Hearing Proposed Issuance of General Obligation Bonds for a Capital Project for School Purposes in Brunswick County, Virginia Steve Johnson, Bond Counsel, Troutman Sanders, presented the Resolution authorizing the issuance of general obligation bonds. Mr. Johnson reported that beginning in early 1990’s the General Assembly starting rating funds for direct loans to Nays: None.
localities. Mr. Johnson stated that Brunswick County qualified for the lowest interest rate, two percent (2%), and the maximum loan amount, $7.5 million, as established by the Literacy Fund. The Brunswick High School renovation project was financed through this process, interim financing, in September 2004 in order to move forward with the project and maximize the funds that were available. This required the issuance of bonds. Once the bonds are issued, the literacy fund will supplement the interest rate so that the locality will pay the qualifying interest rate of two percent (2%). Since bonds will be issued, a new public hearing must be held by the governing body. The Chairman opened the public hearing. No citizens spoke in favor of or in opposition to the matter. After giving citizens the opportunity to speak, the Chairman closed the public hearing. Upon motion of Mr. Tyler, seconded by Mr. Jones, and unanimously carried, the Board adopted the Resolution authorizing the issuance of not to exceed $7.5M General Obligation School Bonds of the County of Brunswick, Series 2006A, to be sold to the Virginia Public School Authority and providing for the form and details thereof. Ayes: Conner, Drummond, Jones, Tyler, Finney; Nays: None RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $7,500,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF BRUNSWICK, VIRGINIA, SERIES 2006A, TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF. WHEREAS, in January, 2005, the Commonwealth of Virginia Board of Education (the “Board of Education”) placed, on the First Priority Waiting List, the application (the “Application”) of the School Board of Brunswick County, Virginia (the “School Board”), for a loan of $7,500,000 (the “Literary Fund Loan”) from the Literary Fund, a permanent trust fund established by the Constitution of Virginia (the “Literary Fund”), for the cost of improvements and renovations to Brunswick Senior High School (the “Project”) in Brunswick County, Virginia (the “County”); WHEREAS, the Board of Education was to have approved the release of Literary Fund moneys to the School Board and make a commitment to loan such moneys to the School Board (the “Commitment”) within one (1) year of placement of the Application on the First Priority Waiting List upon receipt of the Literary Fund of an unencumbered sum available at least equal to the amount of the Application and the approval, by the Board of Education, of the Application as having met all conditions for a loan from the Literary Fund; WHEREAS, the Board of Education was thereafter to have given advances on the amount of the Commitment for the Literary Fund Loan to the School Board, as construction or renovation of the Project progressed, in exchange for temporary notes from the School Board to the Literary Fund (the “Temporary Notes”) for the amounts so advanced; WHEREAS, after the completion of the Project and the advance of the total amount of the Commitment, the Temporary Notes were to have been consolidated into a permanent
loan note of the School Board to the Literary Fund (the “Literary Fund Obligation”) which was to evidence the obligation of the School Board to repay the Literary Fund Loan; WHEREAS, the Literary Fund Obligation was to have borne interest at two percent (2%) per annum and mature in annual installments for a period of twenty (20) years; WHEREAS, in connection with the 2006 Interest Rate Subsidy Program (the “Program”), the Virginia Public School Authority (the “VPSA”) has offered to purchase general obligation school bonds of the County, and the Board of Education has offered to pay, to the County, a lump sum cash payment (the “Lump Sum Cash Payment”) equal to the sum of (i) net present value difference, determined on the date on which the VPSA sells its bonds, between the weighted average interest rate that the general obligation school bonds of the County will bear upon sale to the VPSA and the interest rate that the Literary Fund Obligation would have borne plus (ii) an allowance for the costs of issuing such bonds of the County (the “Issuance Expense Allowance”); WHEREAS, the Board of Supervisors (the “Board”) of the County of Brunswick, Virginia (the “County”), has determined that it is necessary and expedient to borrow not to exceed $7,500,000 and to issue its general obligation school bonds for the purpose of financing certain capital projects for school purposes; and WHEREAS, the County held a public hearing, duly noticed, on September 20, 2006, on the issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.2-2606, Code of Virginia 1950, as amended (the “Virginia Code”); and WHEREAS, the School Board of the County has, by resolution, requested the Board to authorize the issuance of the Bonds (as hereinafter defined) and, consented to the issuance of the Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF BRUNSWICK, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate principal amount not to exceed $7,500,000 (the “Bonds”) for the purpose of financing certain capital projects for school purposes, namely improvements and renovations to Brunswick Senior High School. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of the Virginia Public School Authority (the “VPSA”) to purchase from the County, and to sell to the VPSA, the Bonds at a price, determined by the VPSA to be fair and accepted by the Chairman or Vice Chairman of the Board or the County Administrator. The Chairman or Vice Chairman of the Board, the County Administrator, and such officer or officers of the County as any of them may designate are hereby authorized and directed to enter into a Bond Sale Agreement dated as of September 27, 2006, with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form submitted to the Board at this meeting, which form is hereby approved (the “Bond Sale Agreement”). 3. Details of the Bonds. The Bonds shall be issuable in fully registered form; shall be dated the date of issuance and delivery of the Bonds; shall be designated “General Obligation School Bonds, Series 2006A”; shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 beginning July 15, 2007 (each an “Interest Payment Date”), at the rates established in accordance with Section 4 of this Resolution; and shall mature on July 15 in the years (each a “Principal Payment Date”) and in the amounts set forth on Schedule I attached hereto (the “Principal Installments”), subject to the provisions of Section 4 of this Resolution. 4. Interest Rates and Principal Installments. The County Administrator is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the
bonds to be issued by the VPSA (the “VPSA Bonds”), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed five and fifty one-hundredths percent (5.50 %) per annum. The Interest Payment Dates and the Principal Installments are subject to change at the request of the VPSA. The County Administrator is hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal Installments at the request of the VPSA, provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized by this Resolution. The execution and delivery of the Bonds as described in Section 8 hereof shall conclusively evidence such interest rates established by the VPSA and Interest Payment Dates and the Principal Installments requested by the VPSA as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment; Paying Agent and Bond Registrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at, or before 11:00 a.m. on the applicable Interest Payment Date or Principal Payment Date, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date or Principal Payment Date. (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds. (c) U.S. Bank National Association (as successor to SunTrust Bank), Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. No Redemption or Prepayment. The Principal Installments of the Bonds shall not be subject to redemption or prepayment. Furthermore, the Board covenants, on behalf of the County, not to refund or refinance the Bonds without first obtaining the written consent of the VPSA or the registered owner of the Bonds. 8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of and premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of and premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate and Certificate as to Arbitrage. The Chairman or Vice Chairman of the Board, the County Administrator and such officer or officers of the County as any of them may designate are hereby authorized and directed to execute a Certificate as to Arbitrage and a Use of Proceeds Certificate each setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the “Code”), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds except as provided below. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Certificate as to Arbitrage and such Use of Proceeds Certificate and that the County shall comply with the other covenants and representations contained therein and (ii) the County shall comply with
the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non-Arbitrage Program; Proceeds Agreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the County Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The Chairman or Vice Chairman of the Board, the County Administrator and such officer or officers of the County as any of them may designate are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager and the depository, substantially in the form submitted to the Board at this meeting, which form is hereby approved. 12. Continuing Disclosure Agreement. The Chairman or Vice Chairman of the Board, the County Administrator and such officer or officers of the County as any of them may designate are hereby authorized and directed to execute a Continuing Disclosure Agreement setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12 and directed to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 14. Further Actions. The members of the Board and all officers, employees and agents of the County are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date. This Resolution shall take effect immediately. ***** Re: Approval of Minutes – August 16, 2006, Regular Meeting and August 28, 2006 Special Joint Meeting with School Board Upon motion of Ms. Drummond, seconded by Mr. Jones, and carried, the Board approved the meeting minutes of the meetings as recorded. Ayes: Conner, Drummond, Jones, Tyler, Finney; ***** Re: Department/Agency Requests Fort Christanna Update – Nathaniel Neblett Mr. Nathaniel Neblett provided an update on the Fort Christanna Project. Mr. Neblett reported that all the trees have been cut and the cleared away. He now has to find a contractor to grind the stumps. No earth moving equipment is allowed on site. He advised that he will keep the Board informed. Mr. Neblett stated he had three individuals prepared to come out to the site and provide an estimate on stump removal. The Board instructed him to move forward with the removal of the stumps. Nays: None
Mr. Neblett stated, at the Board’s request, members of the Haliwa Saponi Tribe and the Occaneechie Band of the Saponi Nation are in attendance for a presentation. Mr. Neblett indicated the two tribes have helped considerably in the design of the Fort project. Chairman Finney and Vice Chair Drummond presented each tribe with the Jamestown 2007 coin as a token of gratitude for their involvement with the Fort. Danny Richardson Haliwa Saponi, stated the tribe looks forward to working with the committee to help make the project as educational as possible. Forest Hazel, Project Director, Occaneechi Band of the Saponi Nation, extended his tribe’s appreciation for the Boards interest in their heritage. The Haliwa Saponi Tribe presented Chairman Finney with a pouch of tobacco. ***** Mecklenburg County Board of Supervisors – Glenn Barbour Glenn Barbour, Chairman, Mecklenburg County Board of Supervisors appeared before the Board to request forming a committee to discuss issues relating to Lake Gaston. Mr. Barbour stated he has approached all five (5) jurisdictions that surround the lake and four have indicated they will appoint representatives to this committee. Mr. Barbour proposed that the membership would consist of a member of each governing body, the county administrator/manager and a citizen member (preferably a citizen member who owns property on lake gaston). He stated that this Committee would discuss issues regarding the lake and make recommendations to the governing bodies. He thanked the Board for their consideration and requested that they consider making appointments at their next meeting. The Chairman thanked Mr. Barbour for his presentation. ***** Re: Citizen Comments The Chairman opened the citizen comment period and advised that each citizen will be allotted three (3) minutes to speak. The following citizens spoke: Pam Thomas spoke about Brunswick High School students receiving their dual enrollment credits free of charge. She stated that all students should be allowed to participate in this program regardless of where they attend school. Sheila Clary stated that she is opposed to Brunswick County tax dollars paying for Brunswick High School students’ dual enrollment credits. Further,
she stated that the program should be open to all students. Margaret Arrington stated that she is opposed to Brunswick County tax dollars paying for Brunswick High School students dual enrollment college credits. She also stated that all students should be allowed to receive college credits. Elaine Cogsdale spoke about the FOI Act. Jean McCarter asked what will be done with the White House Restaurant Building. Mr. Conner stated that the remainder of the building will be burned, possibly within 30 days, by the volunteer fire departments for training. Tracie Cheely stated she is opposed to Brunswick County tax dollars paying for public school students to receive dual enrollment credits. She stated that it shouldn’t matter where the child attends school. All students should be allowed to participate. Ronald Johnson stated the County should take action against vehicles playing loud music. Jerry Marston agreed with the comments made about the dual enrollment credits. He further stated that he attended a DEQ public hearing last week about an application for a facility to utilize the gas from the landfill as an energy source. James Hite stated that he is concerned about Brunswick County being obligated for twenty years to pay for school bonds.
After giving all citizens an opportunity to express their views, the Chairman closed the citizen comment period. Chairman Finney thanked all citizens for their
input and urged them to continue to be involved. ***** Re:
Consent Calendar of Reports Upon motion of Ms. Drummond, seconded by Mr. Jones, and unanimously
carried, the Board approved the Consent Calendar of Reports as presented for the following organizations: A. B. C. D. Lawrenceville-Brunswick Airport Report Brunswick County Sheriff’s Department Monthly Report Brunswick County Planning Commission Minutes – July 11, 2006, Regular Meeting and July 24, 2006 Worksession Roanoke River Service Authority Minutes – July 24, 2006 Meeting
Ayes: Conner, Drummond, Jones, Tyler, Finney; Nays: None. ***** Re: Finance Director’s Report Approval of Disbursements Upon motion of Mr. Tyler, seconded by Mr. Jones, and carried, the Board approved manual checks in the amount of $56,607.89, system checks dated September 12, 2006, in the amount of $65,241.87, system checks dated September 12, 2006, in the amount of $2,580.00, system checks dated September 19, 2006, in the amount of $2,816.03, and system checks dated September 20, 2006, in the amount of $386,376.32 for a total amount of $513,622.11.
Ayes: Conner, Drummond, Jones, Tyler, Finney; Nays: None. ***** Re: Brunswick County Public Schools - Monthly Report No report this month. ***** Re: Planning Director’s Report Schedule Public Hearing – Conditional Use Permit Case #06-002, submitted by Irish C. Schutt Dawn Washburn, Planning & Building Services Technician, stated the subject property is located off of Circle Drive (a private drive), that intersects with Governor Harrison Parkway (U.S. Highway 58). Mrs. Washburn reported that the applicant is requesting approval of an amendment to Conditional Use Permit, Case #02-026, to enlarge an existing manufactured/mobile home park. Mrs. Washburn stated the Planning Commission recommends approval of Case #06-002. Upon motion of Mr. Tyler, seconded by Mr. Jones, and unanimously carried, the Board authorized the advertisement of a public hearing on Conditional Use Permit #06-002 for its October meeting. Ayes: Conner, Drummond, Jones, Tyler, Finney; Nays: None ***** Schedule Public Hearing – Zoning Ordinance Amendment Case #06-025 – Proposed Ordinance Amendment to Article 16, Section 16-4, Density Dawn Washburn, Planning & Building Services Technician, stated the applicants are proposing to amend their conditional use permit by adding four additional lots to their twenty-four existing manufactured home lots. The total acreage of the existing manufactured home park is 6.85 acres. The applicant can meet the minimum lot size requirement of 5,000 square feet but has the maximum density of four manufactured homes per gross acre. Upon motion of Mr. Jones, seconded by Mr. Tyler, and unanimously carried, the Board authorized the advertisement of a public hearing on Zoning Ordinance Amendment Case #06-025 – Proposed Ordinance Amendment to Article 16, Section 16-4, Density. Ayes: Conner, Drummond, Jones, Tyler, Finney; Nays: None. *****
Re: County Administrator’s Report County Administrator’s Monthly Report Ms. Woolridge, County Administrator, presented her monthly report for August 2006. She also provided an overview of her attendance at the International City/County Management Association Conference in San Antonio, Texas on September 9-13, 2006. Upon motion of Mr. Conner, seconded by Ms. Drummond, and unanimously carried, the Board accepted the County Administrator’s Monthly Report as submitted. Ayes: Conner, Drummond, Jones, Tyler, Finney; Nays: None.
***** Warfield Solid Waste Convenience Center – Construction Bid Award Ms. Woolridge, County Administrator, stated that bids were solicited for construction of the Warfield Solid Waste Convenience Center. The following responses were received on September 7, 2006: E.F. Brown Construction, Inc. Castle Heights Construction Company $36,561.00 $38,500.00
Ms. Woolridge indicated the apparent low bidder is E.F. Brown Construction Company. Upon motion of Mr. Conner, seconded by Mr. Jones, and unanimously carried, the Board accepted the bid, in the amount of $36,561.00, from E.F. Brown Construction Ayes: Conner, Drummond, Jones, Tyler, Finney; Nays: None
***** Industrial Development Authority – Authorization to Sign Checks Ms. Woolridge, County Administrator, stated that in accordance with the Industrial Development Authority (IDA) By-Laws, adopted June 21, 2001, the County Administrator shall be an ex-officio member of the Board of Directors and shall serve as Secretary-Treasurer/Clerk. One of the duties of the Secretary-Treasurer/Clerk is to sign or counter sign all contracts and instruments of the Authority, including checks and bank drafts. Upon motion of Mr. Conner, seconded by Mr. Tyler, and unanimously carried, the Board authorized the County Administrator to sign contracts and instruments of the Authority, including checks and bank drafts, in her capacity as SecretaryTreasurer/Clerk to the IDA.
Ayes: Conner, Drummond, Jones, Tyler, Finney;
Nays: None.
***** Brunswick County, Virginia and William J. Nichols (Nick’s Lawn Care) Grass Cutting Services at County Park at Great Creek Ms. Woolridge, County Administrator, stated Nick’s Lawn Care was awarded the Grass Cutting Services Contract for County Park at Great Creek, term April 20, 2006, through April 30, 2007. Nichols is paid a sum of $325 each time the park grounds are cut by him and a sum of $800 each time the dam structure is cut. The cutting of the grounds has been effective. However, Mr. Nichol’s insurance company will not renew his policy to cut the dam. As a result, the contract that binds Mr. Nichol’s to cut the dam must be terminated. The recommendation is to maintain the contract with Nick’s Lawn Care to cut the grounds, terminate the contract to cut the dam, and re-bid the dam. Supervisor Conner recommended re-bidding the entire grass cutting contract at the park instead of having two different contractors. Supervisor Conner also suggested that Nick’s Lawn Care be contacted and asked to provide the County with a letter from his insurance company indicating that he still has insurance coverage to cut the convenience centers and the park grounds. The Board directed the County Administrator to contract Nick’s Lawn Care and request the documentation from his insurance company. Supervisor Conner further stated that the dam needs to be cut expeditiously to avoid penalties from the state. Upon motion of Mr. Tyler, seconded by Mr. Jones, and unanimously carried, the Board terminated the contract between Nick’s Lawn Care and Brunswick County pertaining to cutting the dam structure, and declared this an emergency situation and authorized sole source of procurement to perform grass cutting and related maintenance on the dam. Ayes: Conner, Drummond, Jones, Tyler, Finney; Nays: None.
***** Brunswick County Library – Replacement of Rear Entrance Door Ms. Woolridge, County Administrator, stated that the rear entrance door of the Brunswick County Library has continued to deteriorate over the last several years. This is the entrance/exit which is utilized daily by library employees. It has become a
security issue because of its inability to remain closed and locked at all times. The entire door, including the frame, is in need of replacement. Ms. Woolridge stated that the Buildings and Grounds staff can install the door and that funds are available in the FY07 Buildings and Grounds-Repair and Maintenance budget to cover the costs associated with this purchase. Ms. Woolridge presented the following bids in accordance with the Brunswick County Small Purchase Policy for the purchase of the door and frame: Proffitt Lumber Company, Inc. Lorene Building Supply Lawrenceville Building Supply, Inc. $1,285.50 $1,334.64 $1,561.56
Upon motion of Mr. Jones, seconded by Mr. Conner, and unanimously carried, the Board accepted the bid, in the amount of $1,285.50, from Proffitt Lumber Company, Inc. for the purchase of the door and frame. Supervisor Drummond stated she feels the County should patronize local businesses. Ayes: Conner, Drummond, Jones, Tyler, Finney; Nays: None. ***** Natural Hazard Mitigation Plan – Southside Planning District Ms. Woolridge, County Administrator, stated that the Disaster Mitigation Act of 2000 requires that all localities develop and submit a hazard mitigation plan. In mid-2004, the Southside Planning District Commission was awarded a grant by the Virginia Department of Emergency Management (VDEM) to undertake the organization and preparation of the Natural Hazard Mitigation Plan for Southside Planning District. The plan covers the jurisdictions of Brunswick County, Halifax County and Mecklenburg County. A Letter of Intent was signed by the previous County Administrator on November 28, 2004, committing to participating in the development of a regional Allhazard Mitigation Plan development process and to submit the completed mitigation plan to its local governing body for formal adoption at the conclusion of the planning process. The Federal Emergency Management Agency (FEMA), Region III offices, has granted conditional approval to the Southside Natural Hazard Mitigation Plan. The plan is compliant with the standards that are contained in 44 Code of Federal Regulations, Part 201, as authorized by the Disaster Mitigation Act of 2000 (DMA 2000), as well as 44 CFR, Part 78.5 Flood Mitigation Plan Development.
Ms. Woolridge explained the next step for all participating jurisdictions to adopt the plan by resolution of their governing bodies. Ms. Woolridge also stated that it is important to note that jurisdictions that do not participate in the National Flood Insurance Program (NFIP) are not eligible for funding through the Hazard Mitigation Grant Program (HMGP), the Pre-disaster Mitigation program (PDM), and the Flood Mitigation Assistance (FMA) Program. Upon motion of Mr. Jones, seconded by Mr. Conner, and unanimously carried, the Board adopted the Resolution effecting participation in the development of a Natural Hazard Mitigation Plan. Ayes: Conner, Drummond, Jones, Tyler, Finney; Nays: None. WHEREAS, the Brunswick County Board of Supervisors recognizes the threat that natural hazards pose to the people and property of our County; and, WHEREAS, undertaking hazard mitigation actions will reduce the potential for harm to people and property from future hazard occurrences; and, WHEREAS, the Disaster Mitigation Act of 2000, as amended, requires an adopted Natural Hazard Mitigation Plan as a condition of future funding for certain FEMA preand post- disaster mitigation grant programs; and, WHEREAS, the Brunswick County Board of Supervisors has fully cooperated and participated with the Southside Planning District Commission in the preparation of the Southside Planning District Natural Hazard Mitigation Plan; and, WHEREAS, the Virginia Department of Emergency Management and the Federal Emergency Management Agency, Region III have reviewed the Natural Hazard Mitigation Plan and approved it contingent upon this official adoption of the participating governments and entities; and, NOW, THEREFORE, BE IT RESOLVED, that the Brunswick County Board of Supervisors hereby adopts the Southside Planning District Natural Hazard Mitigation Plan as an official plan. Ayes: Conner, Drummond, Jones, Tyler, Finney; ***** DMV Select Ms. Woolridge, County Administrator, stated that the DMV representative retired at the end of September 2006. In an effort to continue to provide the services of DMV, the Commissioner of Revenue and Treasurer Offices are partnering to establish DMV Select. DMV Select offers Virginians convenient locations to receive motor vehicle related services. Services provided are: Titles Registrations Special and personalized license plate orders Trip permits, overload permits Handicapped parking placards Nays: None.
Voter registration application Transcripts – vehicle, driver Name and address changes Dealer title and registration transactions Returned checks
The primary benefits are: Continue DMV services in the County Guaranteed compensation rate of 3.5% of the gross revenue collected. Promotional opportunities: DMV will promote DMV Select locations on its web site and help Brunswick County promote its town location. DMV representatives will provide training of staff.
If approved it is anticipated that DMV Select will go live on October 23, 2006. Upon motion of Mr. Conner, seconded by Ms. Drummond, and unanimously carried, the Board endorsed the Commissioner of Revenue and Treasurer’s request to be a DMV Select site and to provide DMV related services to the citizens. Ayes: Conner, Drummond, Jones, Tyler, Finney; ***** Personal Property Tax Relief Act of 1998 (PPTRA) Ms. Woolridge, County Administrator, stated that in December 2005, the Board of Supervisors adopted a resolution to implement changes to PPTRA. Effective March 1, 2006, the Auditor of Public Accounts advised that Brunswick County’s allocation of the $950 million PPTRA allotment is $1,355,735.87. The Board of Supervisors is required annually to set the rate of tax relief for distribution of this dollar amount to qualifying vehicles. A proposed resolution to set the rate for the 2006 tax year at sixty-two percent (62%) was presented. Upon motion of Mr. Conner, seconded by Mr. Jones, and unanimously carried, the Board adopted the resolution. WHEREAS, the Personal Property Tax Relief Act of 1998, Virginia Code § 58.1-3523 et seq. (PPTRA), has been substantially modified by the enactment of Chapter 1 of the Acts of Assembly, 2004 Special Session I (Senate Bill 2005), and the provisions of Item 503 of Chapter 951 of the 2005 Acts of Assembly (the 2005 revisions to the 2004-06 Appropriations Act). WHEREAS, by its enactment of an ordinance on December 21, 2005, (“Ordinance”), the Board of Supervisors of Brunswick County, Virginia (the “Board of Supervisors”) has previously implemented such modifications of the PPTRA. WHEREAS, the Board of Supervisors now desires to set the rate of tax relief for tax year 2006 for purposes of the Ordinance. BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF BRUNSWICK COUNTY, VIRGINIA: 1. For purposes of § 3 (c) of the Ordinance, the rate of tax relief with respect to Nays: None.
qualifying vehicles with assessed values of more than $1,000, and applied to the first $20,000 in value of each such qualifying vehicle, shall be sixty-two percent (62%). 2. All other provisions of the Ordinance shall be implemented by the Commissioner of the Revenue or the County Treasurer, as applicable, including, without limitation, those set forth in § 3 (b) of the Ordinance, pertaining to the elimination of personal property taxation of each qualifying vehicle with an assessed value of $1,000 or less, and in § 4, pertaining to liability of taxpayers whose taxes with respect to a qualifying vehicle for tax year 2005 or any prior tax year remain unpaid. 3. This Resolution shall take effect immediately upon its adoption. Adopted this 20th day of September, 2006. Ayes: Conner, Drummond, Jones, Tyler, Finney; Nays: None. ***** Letter of Concurrence on Radio System Application for Warren County, North Carolina Ms. Woolridge, County Administrator, stated that Warren County, North Carolina is seeking to enhance/expand their fire radio system to provide coverage on Lake Gaston for first responders to emergencies on the lake. In the course of filing the appropriate forms to the FCC and the FCC designated coordinator, there is a requirement that Warren County obtains a signed Letter of Concurrence that notifies Brunswick County that they are planning to add a system that is either on our licenses frequency, or close to ours. Upon motion of Mr. Conner, seconded by Mr. Jones, and unanimously carried, the Board authorized the County Administrator to sign the Letter of Concurrence per the favorable response from the County Attorney and the E911 Coordinator. Ayes: Conner, Drummond, Jones, Tyler, Finney; Nays: None. ***** Airport Terminal Building Ms. Woolridge, County Administrator, stated the Department of Aviation approved funding for a new terminal building at the Lawrenceville-Brunswick Airport as follows: State $172,053.00 $129,057.00 $301,110.00 ($27,000.00)* $274,100.00 Local $ 19,117.00 $ 32,264.30 $ 51,381.30 Total $ 191,170.00 (90/10) $ 161,321.30 (80/20) $ 352,491.30 $ (30,000.00)** $322,491.30
Design/Construction Site Preparation
*$27,000 revenue already budgeted **$30,000 expense already budgeted This results in a total project cost of $352,491.30. It is important to note that the Town of Lawrenceville will be sharing in the cost of the local share at 33% (Brunswick
County $34,425.47; Town of Lawrenceville $16,955.83). Ms. Woolridge stated funding for construction of the terminal building was not included as part of the FY07 Capital budget because the grant had not been submitted or approved at the time of adoption of the FY07 Budget. However, $30,000 was included in the FY07 Airport operating budget for design of the terminal building which is part of this grant award. It would be appropriate to transfer the $30,000 (expense) and associated state reimbursements to the Capital Projects Budget. If the Board accepts the grant for construction of the Terminal Building, it is necessary to make an additional appropriation to the FY07 Capital Project – Airport Terminal Building Project line item in the amount of $322,491.30. Further, it is necessary to increase the FY07 Revenue side of the budget in the amount of $274,110 as state reimbursement. Also, increase revenue for Town of Lawrenceville reimbursement at $16,955.83. Ms. Woolridge reported at the Airport Commission’s August meeting, the Commission voted to request the Board’s approval of the grant amount to move forward with the construction of a new terminal building. Supervisor Conner stated he will support the project if it does not exceed the grant amount. Upon motion of Mr. Tyler, seconded by Mr. Jones, and unanimously carried, the Board: accepted the grant award from the state in the amount of $301,110, approved an appropriation in the amount of $322,491.30 (expense) from the FY07 Capital Projects Fund Balance to the FY07 Capital Project Airport Terminal Building Project. increased the FY07 revenue side of the budget in the amount of $274,100 as a state reimbursement. increased the Town of Lawrenceville’s reimbursement at $16,955.83. approved the transfer of $30,000 from FY07 General Fund Airport Budget Terminal Building to FY07 Capital Project Airport Terminal Building Project, including associated state reimbursement and budgetary line items. Nays: Conner
Ayes: Drummond, Jones, Tyler, Finney; ***** Re: County Attorney’s Report Invitation to Bid – Regional Jail Space
The County Attorney presented an Invitation to Bid for the provision of guaranteed Jail Bed Space for inmates.
Upon motion of Mr. Jones, seconded by Mr. Tyler, and unanimously carried, the Board authorized the County Administrator to solicit the Invitation to Bid for the provision of guaranteed jail space for inmates. Ayes: Conner, Drummond, Jones, Tyler, Finney; ***** Fort Christanna – Property Acquisition The County Attorney reported that Butler Lumber Company, Inc., advised that the deed by which it conveys 2.53 acres to the County has been signed and is being returned to the County for closing. The County Attorney advised that because the Board has previously authorized the purchase and appropriated the funds necessary therefor, no further Board action is required at this time. The County Attorney also advised that negotiations are continuing for purchase of the timber rights on said 2.53 acres property which are owned by New Forestry, LLC. ***** Elected School Board The Board directed the County Attorney to prepare the necessary ordinance, and any other needed documents, to enable the Board to take all action necessary, at the Board’s October meeting, to schedule a public hearing for the Board’s November meeting to receive public comment on an ordinance which would terminate the two atlarge positions on the Brunswick County School Board effective December 31, 2007, and implement the election of five School Board members by election districts. ***** Re: New Business Personnel Committee Report Upon motion of Mr. Conner, seconded by Mr. Tyler, and unanimously carried, the Board hired a Director of Planning, at an annual salary of $47,150, Grade 26, Step 7, with a starting date of October 16, 2006. Ayes: Conner, Drummond, Jones, Tyler, Finney; Nays: None. ***** Re: Appointments Litter Control Council This item was continued until the October meeting. ***** Nays: None.
Board of Zoning Appeals This item was continued until the October meeting. ***** Roanoke River Rails to Trails Upon motion of Mr. Conner, seconded by Ms. Drummond, and unanimously carried, the Board appointed Charlette T. Woolridge to serve as the representative on the Roanoke River Rails to Trails Board and David A. Clary will serve as the alternate. Ayes: Conner, Drummond, Jones, Tyler, Finney; ***** Industrial Development Authority Upon motion of Ms. Drummond, seconded by Mr. Jones, and unanimously carried, the Board appointed Dr. Robert Satcher, President of St. Paul’s College, to fill the unexpired term of Dr. John Waddell. Ayes: Conner, Drummond, Jones, Tyler, Finney; Nays: None Re: Adjourn Upon motion of Mr. Tyler, seconded by Mr. Conner, and unanimously carried, the Board adjourned. Ayes: Conner, Drummond, Jones, Tyler, Finney Nays: None. Nays: None.
_____________________________ Marc L. Finney, Chairman
______________________________ Charlette T. Woolridge, Clerk