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02-04-1993 Regular Meetingt p BOQM ~5 ~p"` ~4~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FOURTH DAY OF FEBRUARY IN THE YEAR NINETEEN HUNDRED NINETY THREE PRESENT: Steve. W. Edwards, Chairman O. A. Spady, Vice Chairman Henry H. Bradby, Joel C. Bradshaw, Jr. Malcolm T. Cofer Also Attending: H. Woodrow Crook,, jr:, County Attorney Myles E. Standish, County Administrator . W. Douglas Casket', Assistant County Administrator/Community Development. Donald T. Robertson, Assistant to the County Administrator Carey H. Mills, Assistant Clerk Chairman Edwards called the meeting. to order at 2:00 p.m. and delivered the invocation. // Chairman Edwards presented Carl Major with a plaque on behalf of the Board in appreciation of his thirteen years of service with the County's Public Works Department. Mr. Major accepted the plaque and thanked the Board for .their recognition. // Chairman Edwards called for Transportation Matters. MacFarland Neblett, Resident Engineer, Virginia Department of Transportation, advised the Board the projects on South Church Street and Route 600, Oliver Drive, were proceeding on schedule. County Administrator Standish stated County staff has attempted to work with School staff. and VDOT to determine the necessary road improvements for the new Carrollton Elementary School. One concept is that the necessary turn lanes be funded out of VDOT safety money and the improvements to Route 711 be funded in the most effective and efficient method. Mr. Neblett noted VDOT has funds allocated for safety improvements in each district and that next week he would speak with the District Traffic Engineer to determine if money can be secured to build.. the. turn lane. If money cannot be secured, other alternatives will be examined relative to getting the project accomplished before the school opens in the Fall. Mr. Neblett advised he would remain in contact with the County Administrator -regarding the status of the matter. l 1 1 1 T•, BUnN ~~ ~~r~18~} Mr. Neblett noted the presence of Henry Bell in the audience and ..addressed the.status of Route 681 advising there are several issues which . need resolving., The first is a property owner who lives out of State who has not yet responded to VDOTs first letter. The second is an estate involving several family members owning land on this road. Mr. Neblett advised there is also a reluctant landowner who would agree to donate the necessary right of way if the other signatures were obtained. Chairman Edwards called for .comments from Board members regarding transportation matters. Supervisor Bradshaw requested theditches be cleaned out on Route 641 in the field next to the Carrsville Elementary. School and asked the status of Route 696. Supervisor Bradshaw stated rock needs to be placed back to Route .641 and Route 696. Mr. Neblett replied he would contact Supervisor Bradshaw regarding. the matter. Supervisor Bradby requested VDOT's assistance in repairing the shoulders of the road on Bradby's Lane that are beginning to crack Ivlr. Neblett stated he would check into the matter. Supervisor Spady stated the crack has reappeared in the road leading from Battery Park to Smithfield. . Mr. Neblett advised repairs will be made by a private contractor out of Suffolk. Supervisor Cofer requested the status of the hole in the road on Route 258 in front of the Smithfield Lumber Company. ' Mr. Neblett stated he has spoken with Mr. Stanfield who indicated he would be placing asphalt on both sides of the road. Chairman Edwards requested VDOT repair several small, but deep, holes on Uzzell's Church Road from Uzzell's Church to the swamp area. Supervisor Spady requested the status of the curb at Benn's Church. Mr. Neblett stated VDOT crews should begin work within the nexf thirty days. Chairman Edwards called for citizens to speak regarding transportation matters. David Hardy requested the Board put Waterworks Road from Emmanuel Lane to Route 258 in the five-year plan to flatten and widen the road, as well as a traffic signal at Route 258 and Waterworks Road. Mr. Hardy also , requested a 45 mph speed limit beginning at Tynes Corner slowing down to a 35 mph speed limit starting at the Smithfield Glass 2 ao~K 15 ~~j:~~.8fi Mirror business proceeding into the Town of Smithfield on Route 258. Supervisor Bradby expressed his concern regarding the intersection of Route 258 and Waterworks Road and stated the Board will consider alternatives to alleviate the hazardous driving conditions existing at this intersection. .Chairman Edwards suggested Mr. Hardy meet with Mr. Neblett to review the different options available to alleviate this concern. R. L. Walker again requested VDOT clean the ditches in the Central Hill area stating he had made this request on two prior occasions. Henry Bell advised the Board. that two accidents have occurred on Route 681 and requested VDOT to take the necessary steps to widen and clean the ditches along this road. Supervisor Bradby stated the citizens who have appeared with road concerns today are located in his district and urged VDOT and the County to take some type of action to correct these transportation concerns. // Chairman Edwards called for a public hearing on the following ordinance: An Ordinance to Amend the Ordinance Providing For Proration of Personal Property Tax County Attorney Crook stated the originally-adopted ordinance followed the language that the statute use to have and ..addressed it as .motor vehicles -and mobile homes and the statute has subsequently been changed to reflect motor vehicles, trailers and boats, Mr. Crook further stated this was brought to his attention by the Commissioner of the Revenue and he requested the Board advertise the amendment- for this meeting. Mr. Crook continued the only change in the ordinance is to follow the statute and list motor vehicles, trailers and boats as being subject to proration. Chairman Edwards called for citizens to speak in favor or in opposition to the proposed ordinance. No one appeared. Chairman Edwards called for comments from the Board. Supervisor Cofer moved the Board adopt the. following ordinance: AN ORDINANCE TO AMEND THE ORDINANCE PROVIDING FOR PRORATION OF PERSONAL PROPERTY TAX BE TT AND IT IS HEREBY ORDAINED BY THE BOARD OF D l~ 1 3 Bo~K ~.5 :~~:~18 i SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA, that Section 15- .. 5.3 of the Isle of Wight County Code for the proration ,of personal property taxes be amended to read as follows: Sec. 15-5.3. Personal property tax on motor vehicles, trailers and boats; proration thereof. (a) There shall be a personal property tax at a rate established each year by the -Board of Supervisors on -motor vehicles, trailers and boats, (hereafter referred to in this section as "taxable property") which have a sites .within the county on January first of each year and which acquire a sites within the county on or after January the second of each year. When taxable property acquires a sites within the county on or after January second, the personal property tax for that year shall be assessed to the owner prorated on a monthly basis for .the portion of the tax year .during which the taxable property has sites within the county. When taxable property with a sites in the county is transferred to a new owner within the county, the personal property tax shall. be assessed to the new owner prorated on a monthly basis for the portion of the tax year during which the new owner owns the taxable property. For purposes of proration, a period of more than one-half of a month shall be counted as a full month and a period less than one-half of a month shall not be counted. All taxable property shall be assessed as of January first of each year or, if it acquires sites or has its title transferred after January first, as of the first day of the month in which the taxable property acquires sites within the county or has its title transferred. The owner of taxable property. acquiring sites within. the county or to whom taxable .property is transferred shall file a declaration of property ownership to the commissioner of revenue within thirty (30) days of the date on which such property acquires a sites within the county or has its title transferred to such owner. (b} When any taxable property loses its. sites within the county or its title is transferred to a new owner,. the taxpayer shall from that time be relieved from personal property tax on such property and receive a refund of personal property tax already paid, or a credit against. personal property taxes outstanding against the taxpayer, at the option of the commissioner of revenue, on a monthly prorated basis, upon application to the commissioner of the revenue; provided, that. application is made within one year from the last day of the tax year which the taxable property lost sites or had its title transferred. (c) Any. person who fails to pay personal property. taxes on or before the date due shall incur a penalty of ten (10) per cent of the tax due, or ten dollars ($10.00), whichever is greater; provided, however, that the penalty shall in no case exceed the. amount of tax .due. Said sum shall become part of the. taxes .due. Interest at the rate of ten (10} per cent per - annum from the first day following the day such .taxes are due shall be paid upon the principal and penalties of such taxes remaining unpaid. (d) An exemption from this tax and any penalties arising therefrom shall be granted .for any tax share or portion thereof during which the property was legally assessed by another jurisdiction and proof is presented. 4 eo~K 15 :.A::~ 188 to the commissioner of revenue indicating that such tax on the assessed property was paid. The ordinance was. adopted by unanimous (5-0) vote of the Board. Chairman Edwards called for a public. hearing on the following rezoning: The application of Luther P. Myers for a change. in zoning classification from A-1, Agricultural Limited, #o C-RMA-A, Conditional Rural Mobile Home, approximately three (3} acres of land and #o R-A, Rural Residential, approximately seven (7) acres of land, for a total of ten (10) acres in Newport Magisterial District . W. Douglas. Caskey, Assistant County Administrator/Community Development, stated it is necessary for the applicant in subdividing a piece of property to make certain rezonings occur in order for the applicant to move forward with his intentions for the property.. Mr. Caskey further stated .located on the property is a double-wide mobile home with a permanent foundation and asingle-family residential unit and the applicant's intent' is to create separate zones and take the property out of agricultural zoning classification. In order to accomplish this, the applicant must create zoning districts to fit the existing uses on site. Mr. Caskey. continued the Planning Commission in considering the application voted . unanimously to recommend approval to the Board. Chairman Edwards called for citizens to speak in favor of or in opposition to the proposed rezoning. William Riddick, attorney representing the applicants, appeared and stated the applicants. are sehing a portion of their twenty-four acre tract of land for the purpose of selling their current home so that they can relocate to Smithfield and retire. Mr. Riddick stressed this is a ten-acre tract of land under consideration to include the trailer and single-family residence and the applicant presently has a contract and buyer for the tract under consideration. Mr. Riddick stated the applicant would be in compliance with .the subdivision ordinance, but their plans necessitate the rezoning being requested. Chairman Edwards called for comments from the Board. There being no questions or comments, Supervisor Spady moved the Board approve-the request for a change in zoning classification. The motion was unanimously (5-0) adopted. I/ Chairman Edwards called for Citizens Comments. Nunzio Misseri, a business owner on Route 258 near Franklin, requested street light installation along Route 258 for existing businesses in 1 5 ,. BOCK ~~ .;,..~~:.~ the area. Supervisor Bradshaw informed Mr. Misseri that the Board is currently in the process of reviewing guidelines far installation of street lights in the County. Grace Keen informed. the Board that .the Isle of Wight Citizens Association is sponsoring its annual town meeting relative to a County . Government, report to the citizens on Tuesday, February 16, 1993 at 7:00 p.m. at the Isle of Wight .Courthouse.. Mrs. Keen stated representatives in attendance will be the Isle of Wight County Administrator, the Mayor of Windsor, the Smithfield Town Manager and the Isle of Wight County. School Superintendent. Mrs. Keen noted the Isle of Wight County Sheriff would be unable to attend due to a conflict in his schedule. Reverend Danny Deuel appeared regarding a variance to .the subdivision ordinance for property located on Route 258 behind the Smithfield Glass & Mirror business. Reverend Deuel stated the Board had previously requested certain things be accomplished in order for the church to purchase the piece of property to build a new church on this location in the future and advised that these things have now been accomplished. County Attorney Crook stated he was just provided information concerning this request shortly before the meeting and he has discussed the matter with Mr. Caskey. Mr. Crook advised the deed has now been recorded conveying the property back to Cecil Peade from his daughter, Sharon Peade, and Mr. Peade can now subdivide the property if the Board so elects to grant. this exception; however, the plat shows .the rear parcel fronting. on Route 258 thirty feet in width which creates a variance problem because of road frontage and causes a problem Eor the. Department of Community Development. Mr. Crook advised the plat should have shown a right of way from Route 258 back to the rear lot and if the surveyor could correct this, then the matter can be recommended to the Board which can grant the .exception. Mr. Crook stated he would recommend the Board approve the request subject to the thirty feet being changed to a right of way easement rather than thirty feet road frontage.. Supervisor Spady moved the Board approve Reverend Deuel's request subject to the plat being corrected to the satisfaction of the County Attorney and .Department of Community Development regarding the plat showing a right of way from the road back to the lot. The motion passed unanimously (5-0). // Chairman Edwards called for the Community Development report. Nir. Caskey stated the Board approved several amendments to the Yeoman Farm Trust &irrow Pit at their meeting of January 7,1993. One of which related to excavation and hauling activities after normal daylight hours and the intent of his report tonight is to begin to develop parameters that should typically .apply to any kind of excavation operation that might 6 be operating other than daylight hours. Mr. Casket' referred to the report included in the agenda which listed recommended criteria whereby operators in the County would know the expectations of these operations occurring after normal daylight hours. Mr. Casket' stated the Board may .also. wish to establish further criteria intended to address these operations. Supervisor Spady moved the Board adapt the following recommendations as presented by Mr. Casket': Excavation and hauling activities shall not be permitted during periods of rain, fog or other inclement weather where visibility and safe road conditions are hindered. . . In no instance shall excavation and hauling activities be permitted later than 10:00 p.m. . Excavation and hauling activities shall be permitted for no more than three (3) consecutive days with an interruption of one (1) day between any such consecutive three (3) day period. All truck hauling traffic shall be restricted to arterial highways consisting of a minimum of four (4) lanes. . Excavation and hauling activities shall be strictly limited to specific construction sites and projects which restrict or otherwise prohibit the delivery of borrow material during normal daylight operating hours. The recommendations were adopted unanimously (5-O) by the Board. // Chairman Edwards called for the County Attorney's report. County Attorney Crook stated the Board on December 17, 1992 appointed him to serve on the Community Policy and Management Team. Mr. Crook further stated he had researched the matter and found no reason for. his appointment because as County Attorney it would be his responsibility to serve as legal .advisor to this Team as well as any other committee or agency appointed by the Board; therefore, he requests that the Board rescind his appointment. Mr. Crook stated he also suggests that the Department Heads who have been appointed to this Team be apprised that they can submit a designee to serve rather than the Department Head and the Board could then appoint the designee. Supervisor Cofer moved the Board. rescind the County Attorney's appointment to the Community Policy and Management Team. The motion passed unanimously (4-0) with Chairman Edwards abstaining. Supervisor Cofer moved the Board direct County staff to notify the Department Heads that they are allowed to designate an individual to serve on the Community Policy and Management Team if they so choose. The --~ -~ 1 7 ' ao~K 15 :~~=~1~~1, motion passed unanimously (4-0) with Chairman Edwards abstaining. County Attorney Crook stated the Agreement between Isle of Wight. County and SPSA regarding supervision of the landfill closure services has been prepared and the SPSA attorney reviewed it with him and he has made some of the ,changes the SPSA attorney has requested. Mr. Crook further stated the Agreement has been approved by SPSA subject to approval by their attorneys. Mr. Heuber, SPSA's attorney, has now advised him he has approved it and it is now ready for Board action. Mr. Crook continued the Agreement provides that the County will pay cost for the supervision plus 15% with a cap on the services of $86,250. Mr. Crook stated questions have been asked abou# the public Procurement Act and he advised this contract pertains to a governmental agency as contractor and- the Procurement Act only applies to contracts between a governmental agency and non-governmental contractors and thus the Procurement Act . does not apply to this contract. Supervisor Spady moved the Board approve the Agreement between Isle of Wight County and SPSA regarding supervision of the landfill closure services. The motion was unanimously (5-0) adopted. County Attorney Crook stated at the January 7, 1993 meeting the Board tabled the ordinance providing an exemption and or deferral of real estate taxes for the elderly and handicapped to this meeting. Supervisor Cofer offered the following recommendation to be incorporated in the ordinance: incomes of $0 to $6,000 100% exemption incomes of $6,001 to $12,000 75% exemption incomes of $12,001 to $18,000 50% exemption including a cap of $500 on all of the above and leaving the deferral portion of the ordinance as is. County Attorney Crook stated it would be best if he revised the ordinance to incorporate these changes, if the Board so desires, and re- E advertise the matter for another public hearing. Supervisor Bradby moved the Board authorize the County Attorney to revise the ordinance incorporating Supervisor Cofer's recommendations and that the matter be re-advertised for public hearing. The motion passed unanimously (5-0). County Attorney Crookstated published. for the Board's February 18, _ 1993 meeting is an Ordinance to Limit the Amount of Personal Property Taxes Exempt on Motor Vehicles of Physically Handicapped, Rescue Squad, Fire Department and .Auxiliary Police t7fficers at $400 and the Commissioner of the Revenue is present tonight to speak to the Board concerting this ordinance. Gerald H. Gwaltney, .Commissioner of the Revenue, suggested to the 8 Qo^~.. Boazd that the County again review the ordinance to provide for segregation of handicapped vehicles so they can receive a total. exemption without a cap because of the expense involved for these individuals who have to purchase wheelchair Lifts and hand controls. Mr. Gwaltney further stated the County currently has total exemption for these individuals. County Attorney Crook advised the Board that the County currently has an ordinance that lists personal property tax all in one classification and that the Board had previously expressed their desire to cap the ordinance for the auxiliary police members and he had advised the Board they would have to do it for the whole ordinance, which has now been done. Mr. Crook advised the Board a separate classification could be created for motor vehicles equipped to provide transportation #or physically handicapped and that in order to do this, he would need to prepare a new ordinance showing segregation. Supervisor Bradshaw moved the Board direct the County Attorney to revise the proposed ordinance to be c se a ate c assif caBonr for mot r February 18, 1993 meehng to create a p vehicles equipped to provide transportation for. physically handicapped individuals to segregate the handicapped individuals so they can be exempted from a cap and receive total exemption. County Attorney. Crook advised the Board can still consider the proposed ordinance at their February 18, 1993 meeting without changing the publication notice. County Attorney Crook stated he did have one other matter for discussion concerning proposed agreement amendments with PMA and Shriven & .Holland regarding additional work for the auditorium and technological upgrade, but he would wait to discuss this when the Board hears the school construction program, under Old Business in the agenda. // Chairman Edwards called for the County Administrator's report. County Administrator Standish stated regarding street light installation, included in the agenda are outlines of what is done in other communities and suggested alternatives the Board may wish to consider. Mr. Standish pointed out that most of the requests are for security purposes, not necessarily roadway illumination, and that if it is the Board's desire to re-establish some type of street light policy, this would affect the budgetary process and the Board would need to allocate approximately $100 per year per light in addition to what the County already provides in payments to the power companies. Supervisor Bradshaw stated the Board could further review the matter and take the matter up in the next budget year. Supervisor Spady stated the Board is unaware at this toard direct amount of money this may cost the County and moved the B I i~ 1 9 BD9K ~~rSr;'~~Jt3 1 County staff prepare an estimate on the cost using the formula contained in the County Administrator's section under Background where it lists five dwellings, commercial establishments, churches, or a combination thereof, are located on either side of said thoroughfare within a distance of 600 feet and report back to the Board by May 1,1993. The motion was unanimously.. (5-0) adapted. County Administrator Standish .noted that Delegate Barlow has withdrawn the. request for tax exemption for the FFA camp from consideration by the General Assembly and will present the matter to the Board -for their consideration. If the Board desires, Delegate Barlow will submit the matter for consideration at the next session of the General Assembly. County Attorney Crook stated the Board has never requested the General Assembly to consider this and it must be requested by the Board before the General Assembly can grant it. County Administrator Standish stated the Extension Service has requested the Board's consideration of a new Memorandum of Understanding between the .County and Virginia Tech Extension Service and pointed out ,that the only change in the Memorandum of Understanding is that the Extension Service proposes to begin to emphasize specialization of their agents and .other employees by 1995. Supervisor Spady moved the Board approve. the following Memorandum of Understanding between the County and the VPISUIVSA Virginia Cooperative Extension Service: Memorandum of Understanding between Virginia Cooperative Extension (Virginia Folytechnic Institute and State University and Virginia State University) and the County of Isle of Wight, Virginia I. PURPOSE OF MEMORANDUM The purpose of the memorandum of understanding is to establish a mutual agreement between Virginia Cooperative Extension (hereafter referred to as VCE) and the County of Isle of Wight related to Extension's departmental structure, administration, programs, personnel, and financial arrangement. II, Department Structure The Extension program in the .County of Isle of Wight shall be conducted within a department known as the "Department of Extension and Continuing Education" or office known as "Virginia Cooperative Extension." Other county (city) programs may be added to the department if they are consistent with the VCE mission and if mutually agreed upon by VCE and -the County of Isle of Wight. 10 eofl~ ~:~ .~~~~ ~;~4 III.. Administrative Responsibility All Extension personnel will report administratively to the Associate Director of VCE through the Unit and District Extension Director. A Unit Director for the unit office will be appointed by the Director of VCE or the director's designee.. The Unit Director shall be responsible to the .District Director and shall also be responsible to the local government for those responsibilities assigned to him/her as Unit Director for county (city) coordinative purp=oses. The local government may appoint a Department Director in accordance with the provisions of county (city) policies and the laws of the Commonwealth of Virginia. The appointment of an Extension Agent. to fulfill this responsibility must have the concurrence of the Director of VCE. N. Program Responsibility Programs will be developed in accordance with the VCE process of program development which involves citizens/residents in the determination and implementation of programs that will address their needs. Supervision of the total program will be under VCE with the expectation that there be close program coordination and collaboration with local government, and other key agencies and organizations. VCE plans to implement specialization of staff and area programming by January 1995. Specialization is the process of acquiring indepth knowledge and skills to lead a designated program specialty. Area programming is programming across geographical areas, usually a planning district, with the intent to deliver better programs. VCE encourages the county (city). to evaluate the implementation of area programming and make input to the Unit and District Directors. It is mutually agreed upon by both parties that all effort will be to support this .new approach to Extension programming in Virginia. V. Personnel There may be two types of staff employees within Extension Unit, i.e., employees of VCE and employees of the county (city) assigned to VCE. VCE employees are those payrolled by VCE and may be funded 100 percent by VCE, funded 100 percent by the county (city), or funded jointly by VCE and the county (city). These employees will be employed through the procedures prescribed by the Commonwealth of Virginia and the Virginia Tech EEO/Affirmative Action Program. Employees payrolled by the county (city) and assigned to VCE will be employed in accordance with the local government's established hiring .procedures. Extension agents are faculty of the University and subject to the. guidelines of the Faculty Handbook. VCE employees who are members of the State [J 1 11 ft eoo~ ~.`~ =~t:~1~r of Virginia Personnel Classification System are subject to system guidelines, including salaries and fringe benefits. Wage employees payrolled by VCE are subject to the applicable state and university .guidelines. The title of Extension Agent is reserved for the employees of VCE. No county (city) employee can assume the title of Extension Agent. VCE is not liable for actions of county (city) employees and. the county (city) is not liable for actions of the VCE employees. VI. Financial Arrangement VCE will annually submit a formal budget request for county (city) funds to support the Extension program. The guidelines for the budget are: ~ Salaries Extension Agents, jointly funded by VCE and the county (city), will be paid a minimum of 33-1/3 percent of their base (total less local government and unit director's supplement) salary by the City/County. # Prior to the 1991 Extension Agents were on the State of Virginia Personnel Classification System and Extension. Agents at the top of the classified salary scale could receive a salary supplement from the local government. In 1991 Extension Agents were changed to the Faculty System. The University guidelines for faculty salary adjustments does not permit supplements by local governments for Extension Agents, but- supplements awarded prior to 1991 are retained. The county (city) is responsible for 100 percent of existing supplements. - Salary adjustments for faculty. members, including Extension Agents, are based on an annual evaluation. The local governmen# is encouraged to provide input to the Extension Agents' evaluations. The county (city) is responsible for the approved salary increase on the county (city) portion of the base salary and for 100 percent of the adjustment to the. supplement portion. The adjustment to the supplement must be equal to the percentage of the annual salary adjustment administered by the University. VCE will payroll all Extension state employees and will bill the county (city) for the localities portion of salaries. The billing method, monthly or quarterly, should be specified in the Local Extension Budget Exhibit. Local governments will not provide any direct payments to these employees. Any employee payrolled by .county (city) and assigned to the Extension Office will receive 100 percent of their salaries/wages from the county (city). ~rinQe Benefits County (City) will pay state fringe benefits on the county (city) portion of salaries. VCE will pay on the state portion of salaries. The percentage of ..fringe benefits to be applied to salary .costs will be requested in the local 12 . . t BOOM ~~ YAr ~~~`J~ budget document. The county (city) is responsible for paying and administering fringe benefits according to county (city) policy for county (city) employees assigned to VCE. Operating Funds VCE agrees to provide specialist assistance, secretarial support, office equipment, ,office furniture, publications, travel funds, office supplies, and postage budget. . The county (city) agrees to provide office space and appropriate insurance, additional secretarial assistance, local telephone service, .printing and other equipment and supplies not furnished by VCE and approved by the county (city). VII. Amendment This amendment may be amended upon consent of both parties. However, before the memorandum can be terminated by either party, athree-month notice must be given in writing to the appropriate .party. The motion was adopted unanimously (5-0) County Administrator Standish noted that regarding the bids for the second floor renovation effort of the old Smithfield High School, the low bid came in at 8% higher than the budget allowed and that the architect is now working with the low bidder, Virtexco Corporation, to reduce this cost. Mr. Standish advised the matter would be brought back to the Board at their February 18, 1993 meeting. County Administrator Standish stated regarding the Disability Services Board, the Board of Supervisors previously concurred with asking Franklin and Southamp-ton if they would agree to participate on a regional basis, which they .did by adopting their respective resolution and agreement. Ivlr. Standish further stated if the Board favorably considers adopting the Joint Exercise of Powers agreement included in the agenda for creation of a Western Tidewater Disability Services Board, the Board should also anticipate making three appointments consisting of one local official, one business representative .and one physically disabled or family member of a .physically disabled individual as listed on page 3 of the agreement. Supervisor Cofer moved the Board adopt the following Joint Exercise of Powers Agreement: Joint Exercise of Powers Agreement for Creation of the Wes#ern Tidewater Disability Services Board There is hereby created by the counties of isle of Wight, Southampton, and the City of Franklin, Virginia, the Western Tidewater Disability Services 1 13 ... BJ~~r. ~5 .~.~r~ 1~7 Board which shall exist under and be subject. to the terms and conditions of this Agreement, and shall be deemed to constitute that Agreement required by Section 15.1-21, Code of Virginia, as amended, for the Joint Exercise of the Powers of participating local governments. Section I. Duration A. The Western Tidewater Disability Services .Board (the "Board") and this Agreement shall exist in ~ .perpetuity, .subject, however, to dies of the b i o ng dissolution at any time by agreement of the govern participants therein. In the event the governing body of any participating jurisdiction desires to withdraw, it may do so provided it has given twelve. months notice to each of the participating. jurisdictions.. Such notice shall . be in writing. Section II. Pu. r__~.pos_e The purposes for which the Board is created are: t A. To serve as the local disability services board for the ecified in .Section 51.5-47 through .51.5-52 of urisdictions as s ti ti i p pa ng j c par the Code of Virginia, and as provided for in the Guidelines for the Establishment of Local Disability Services Boards developed by the Commonwealth of Virginia Disability Services Council; B. To provide input to state .agencies on service needs and •`~ priorities of persons with physical and sensory disabilities residing within , .the participating jurisdictions; C. To provide information and resource referral to the participating local governments regarding the Americans with Disabilities Act; D. To provide such other assistance and advice. to the participating local governments as may be requested. Section III. Manner of Financing A. Staff support will be provided by the Commonwealth of Virginia Department of Rehabilitative Services with appropriate consultation from ~ the Department for the Visually Handicapped and the Department for the Deaf and Hard-of-Hearing. Localities participating in this agreement may provide supplemental staff support to the Board to be financed by those participating localities, as may be authorized by their respective City Managers and / ar County Administrators. All. expenses deemed necessary and agreed to by participating localities shall be shared on a per capita basis by the participating localities.: B. Board expenditures, as defined, will be reimbursed by the h S uc Commonwealth to the extent of general fund appropriations. appropriations for .the support of disability services boards will be f t o administered through the Commonwealth of Virginia Departmen ~ Rehabilitative Services.. 14 1 p ~,^ re`. ~1 ~O ~5' r..i• 80.K , , C. As specified in Section 51.5-50 of the Cade of Virginia incentive funds may be appropriated by the General Assembly and administered in accordance with guidelines established by the Disability Services Council. The authority and responsibilities regarding incentive funds of the Council, Department of Rehabilitative Services, disability services boards and local jurisdictions are addressed in Section 51.5-48 (6) and (~ through 51.5-51 of the Code of Virginia. Establishment and use of incentive funds by the Board will be within these specified parameters. D. As specified in Section 51.5-49 (B) (2) of the Code of Virginia the Disability Services Council shall develop a grant allocation system which requires a local match and annual guidelines for the grant applications for the state rehabilitative services incentive .fund. The local- match may be either public or private funds, or a combination, but in-kind contributions shall not be considered in the local match unless specifically approved by the Council. The .Department of Rehabilitative Services shall distribute the guidelines to the Board annually. E. As specified in Section 51.5-50 (A} a state rehabilitative services incentive fund-shall be established in and administered by the Department of Rehabilitative Services to meet programmatic and individual recipient needs not otherwise met through existing federal, state, or local programs, and to develop community programs to meet the needs of persons with physical and sensory disabilities. If the Board elects to apply for a grant from the fund, it shall submit its grant proposal to the Department. The Department is authorized to make grants for programs and services for persons with physical and sensory disabilities to .boards whose grant applications comply with the guidelines developed by the Disability Services Council. F. As specified in Section. 51.5-51, the Board may establish a local rehabilitative services incentive fund and may make expenditures from such fund to meet programmatic and individual recipient needs not otherwise met through existing federal, state, or local programs and to develop community programs to meet the needs of persons with physical and sensory disabilities, If such a fund is established, the participating jurisdictions shall designate the fiscal agent for the administration of the fund. The availability of this local fund shall -not be taken into consideration in, nor used to reduce, .state or local appropriations or payments. Application .for disability services incentive funds, when appropriated by the General Assembly, shall. be at the option of the Board or participating jurisdictions. G. The Board shall have no authority to obligate its member. jurisdictions in an amount greater than the funding approved by the said member jurisdictions. Any commitment of local funds shall be by written agreement of the Board and jurisdiction. H. Methods of funding, extent of obligations to be incurred, and local financial.participation shall be as set forth in the approved expenditure plan. If Rehabilitative Services Incentive Funds are received by the Board, such funds shall be administered through the designated fiscal agent in 1 C 15 ., --~ ~.5 ;.~,;.1E~3 BOOK accordance with the approved expenditure plan as specified in the grant.. I. Localities participating in this Agreement shall not be mandated or obligated to fund any recommendations made by the Board. Section IV. Organization and Composition A. The Board .shall consist of a maximum of nine members , , including at least one local official from each of the participating jurisdictions, two representatives of the business community, and consumers. The Board will have no less than thirty percent representation by individuals or family members of individuals with physical, visual, or hearing disabilities. The members of the Board shall be appointed on the following basis and terms: City of Franklin Isle of Wight C_ ounty Southampton County One (1) local official Orte (1) local official One (Z) local official h sicail ~ One (1) business One (1) business One (1) p y ' y representative representative disabled individual. or family member of a physically disabled individual One (1) sensory. One (1) physically One (1) sensory j disabled individual disabled individual disabled individual ;` or family member of or family member of or family member of a sensory disabled a physically disabled a sensory disabled individual. individual individual To assure stability of membership and retention of experienced members of the Board, initial terms of Board members shall be staggered to insure that not all Board members will be replaced at any one time.. At the end of .the initial three year period, all appointments shall be for a three year -term. i 3local officials -one (1) year terms ~ 2 business representatives -two (2) year terms 4 disability representatives -three (3) year terms B. The Chair of the Board-shall be elected at a regular meeting of the Board by a majority vote of the members present. The term~of office for the Chair of the Board shall be for one year. The Chair maybe re-elected in the manner described above to succeed him./herself in office. for one . additional year, provided the total consecutive tenure does not exceed three (3) years. C. The Board inay make such rules of procedure as it shall deem necessary and .proper for the conduct of its business not inconsistent with this Agreement and shall hold meetings quarterly. Meetings .shall be conducted in conformance with the Virginia Freedom. of Information Act. 16 eoA~ 1~ :N..: ~~o D. The Board shall be responsible to the member jurisdictions to this Agreement .which established the Board. E. There shall be no limitation. upon the number of terms for which. a member of the Board may be appointed. Section. V. Duties of the Board ° A. Subject to the limitations contained in this Agreement and the Operating-Procedures adopted by the Board, the Board shall have all lawful powers rnnferred by this instrument .and shall conduct and control the general policies and directions of the Board as specified in Section 51.5-47 through 51.5-52 of the Code of Virginia. B. In accordance with the Code of Virginia the duties of the Board are to: 1. Assess the local service needs and advise the appropriate state and local agencies serving persons 'with physical and sensory disabilities of their findings. 2. Develop and make available for public comment a report with asix-year projection of local service needs and priorities for persons with physical and sensory disabilities in accordance with state guidelines. The first report shall be submitted by June 1, 1993. 3. Obtain input from local public and private service. .providers and utilize such information in the development of the report. 4. Review and update the report biennially. 5. Serve as a catalyst for -the development of public and private funding sources. 6. Develop requests to the rehabilitative services incentive fund when local funding for match is identified. 7. Administer incentive funds, if received, through a designated fiscal agent in accordance with an approved expenditure plan as specified within the grant. 8. Exchange information with other disability services boards and local. organizations within the community regarding services to persons with physical and sensory disabilities and best practices in the delivery of services. 9. Provide input to state agencies on service needs and priorities of persons with physical and sensory disabilities residing within the participating jurisdictions. 10. Provide information and resource referral to local governments on .the Americans with Disabilities Act (ADAM. .1 1 1 17 •t eo~r, 15 :~~:~ 20~. ~~ B. The Board shall file an annual report of its activities with the . governing bodies of the participating jurisdictions iTM a manner, time and form agreeable to said members. Section VI. Administrative Authority of the Board Subject to the limitations of applicable law and the provisions of this Agreement, the Board shall have administrative authority to: A. Make application for, and to accept grants of money, materials,. or other goods or services at any time from any private or charitable source, or the Commonwealth of Virginia or any agency or instrumentality thereof.. The Board sha1T not provide direct client services nor employ staff for that purpose. B. Make and enter into contracts or agreements as it may determine are necessary to the performance of its duties and to the execution of the powers granted under this Agreement; provided that the Board shall not incur any obligation unless. funds for the performance of such obligation have been fully secured, whether by appropriation, grant or other means. . C. Adopt procedural rules necessary to conduct business. LJ D. Provide for liability. insurance as needed. E. Perform any acts and undertakings authorized by this Agreement through or by means of its officers or agents, or by contracts with other persons, firms or corporations. Section VII.. Termination The existence and authority of the Board may be terminated only as provided for in Section I. In .the. event the Board is terminated, payment and / or credit for the furnishing and. use of real property owned by a participating jurisdiction shall be adjusted to the date of termination. All property shall be scheduled and valued by or atthe direction of the Board and distributed in kind to the participating jurisdictions. as nearly as is feasible in the same proportion as they contributed to acquiring it; provided, however, that one or more jurisdictions may purchase the interest of one or more others in the property. Section VIII. Amendments 1 A. This Agreement may be amended only with the concurrence of the participating member jurisdictions. Section IX. Miscellaneous This Agreement shall be effective only upon the written endorsement of the City Managers and/or County Administrators of each participating locality, following authorization by their respective City Councils or Boards of Supervisors. This Agreement may be executed in more ,than. one j, 18 eoeN ~~` ~~~:~ 2Q2 counterpart. and with separate .signature pages, each of which shall constitute a part of and be deemed to be an original. The motion was adopted unanimously (5-0). County Administrator Standish noted that a second check in the amount of $1,000 was received from the Camp-Mounts Foundation for a grant to the Carrsville Volunteer Fire Department and that the resolution in the agenda should read $2,000 from the Foundation to the Carrsville Volunteer Fire Department. Supervisor Bradshaw moved the Board adopt the following amended resolution: RESOLUTION TO ACCEPT AND APPROPRIATE TWO THOUSAND DOLLARS FROM THE CAMP-MOUNTS FOUNDATION FOR A GRANT TO THE CARRSVILLE VOLUNTEER FIRE DEPARTMENT WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received a grant from the Camp-Mounts Foundation for the Carrsville Volunteer Fire Department; and, WHEREAS, the funds in the amount of two thousand dollars ($2,000) to be received from the Camp-Mounts Foundation need to be appropriated to the Carrsville Volunteer Fire Department line item in the 1992-93 budget of the County of Isle of Wight. NOW, 'THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that two thousand dollars ($2,000) to be received from the Camp-Mounts Foundation be appropriated to line item 11-3202E-5604B Carrsville Volunteer Fire Department in the 1992-93 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget for this grant and to do all the things necessary to give this resolution effect. The resolution was adopted by unanimous vote (5-0). County Administrator Standish stated the low bid for the .filing systems. for District and juvenile Domestic Relations Courts Clerk's offices was $4,772.72 from Business Equipment & Systems, Inc. Chairman Edwards stated .staff of juvenile & Domestic Relations Court approves of what was exactly proposed, however, Ms. Dixon, Clerk of the General District Court, did note that metal shelves could possibly be .installed rather than sliding shelves. County Attorney Crook advised the County could negotiate and modify the low bid proposal with the low bidder as necessary. 1 1 19 r•. BOOK ~~' ~«';~1..~3 Supervisor Spady moved the Board accept the low bid of Business Equipment & Systems, Inc. in the amount of $4,772.72 and. that the Clerk of the General District Court be included in discussions regarding the type of shelving to be used in the General District Court. The motion was adopted unanimously (5-0). County Administrator Standish stated included in the agenda is a report from the Chamber of Commerce Committee on the efforts in the current session of the General Assembly and noted that SB 747 was unanimously reported out of the Committee on Commerce & Labor to the Senate. Mr. Standish further stated the Board had previouslyappropriated up to $5,000 to assist the joint telephone committee efforts to improve. telephone service in the County and the Chamber of Commerce is now submitting an invoice in the amount of $834.77 for the Board's consideration. Supervisor Spady moved the. Board approve the invoice submitted by the Chamber of Commerce in the amount of $834.77 and requested a cost breakdown of future remittances. The motion was adopted unanimously (5-0). County Attorney Crook stated he reviewed the resolution included in the agenda and prepared by the County Administrator's staff for C. Fred Bailey and being familiar with Mr. Bailey's accomplishments, he had prepared a new resolution for the Board's con~~ideration which he believed was more comprehensive. Supervisor Bradshaw noted that Mr. Bailey was not a member of the Public Service Authority in 1989-1990, rather he worked for the Public Service Authority.. County Attorney Crook stated that Mr. Bradshaw was correct, that Mr. Bailey actually served as the first Manager of the Public Service Authority in 1989 and .1990, nat a member of the Public Service Authority. Chairman Edwards moved the Board adopt the following .amended resolution: RESOLUTION RECOGNIZING PUBLIC SERVICE OF C. FRED BAILEY WHEREAS, C. FRED BAILEY, a native and long-time resident of the County of Isle of .Wight, was dedicated to serving the citizens of Isle of Wight County in various governmental capacities, and, WHEREAS, C. FRED BAILEY served as a member of the Board of Supervisors of Isle of Wight County from 1960 to 1964, and again from 1980 to 1988; and, WHEREAS, C. FRED BAILEY served as the first Manager of the Isle of Wight County Public Service Authority for the years .1989 and 1990; and, °~ 20 WHEREAS, C. FRED BAILEY served on the Planning Commission of Isle of Wight County from 1979 to 1988; and, WHF,REAS, C. FRED BAILEY served as Chairman of the Social Services Board of Isle of Wight County from 1980 to 1988; and, WHE]ZEAS, C. FRED BAILS ; after many years of public services as aforesaid, recently passed away. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED THAT THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA, DOES HEREBY OFFICIALLY RECOGNIZE C. FRED BAILEY'S TREMENDOUS CONTRIBU'ITON IN PUBLIC SERVICE TO THE CITIZENS OF THE COUNTY OF ISLE OF WIGHT AND WISHES TO EXPRESS THEIR SINCERE GRATITUDE TO THE FAMILY OF C. FRED BAILEY, DECEASED. The Clerk of this Board is directed to spread this resolution upon the official Minutes of the Board of Supervisors of Isle of Wight County and to forward an attested copy of same to Virginia J. Bailey, widow of C. Fred Bailey. The resolution was adopted by unanimous (5-0) vote. County Administrator Standish noted he received correspondence . from the Hampton Roads Sanitation District yesterday indicating they are proceeding with securing their Financing for the sewer line improvements in Suffolk and Isle of Wight and they are asking the Board to reach a conclusion as to whether or not the Board wishes to include the Route 10 extension as part of the overall construction project. Mr. Standish stated he would recommend the Board include it as part of the project and referred to the attachment to .the HRSD letter from the Public Utilities Director which showed that the flows from Smithfield Foods and the Town of Smithfield generated almost enough revenue for HRSD to offset the cost of the extension of Route 17 and Route 460, as well as Route 10. Chairman Edwards stated the Board had previously requested HRSD to provide answers on whether or not the County could apply surplus funds to the Windsor lines and that. he did not recall receiving a response to this request. County Administrator Standish stated the Board had asked if HRSD would consider an extension of Route 17 to the James River Bridge and HRSD responded .they were -not comfortable with this and indicated this should be a local expense at a developer's cost. Mr. Standish further stated HRSD was also asked about. the extension of HRSD down Route 258 to the Courthouse area and HRSD responded it was inconsistent with the County's Comprehensive Plan. Mr. Standish continued regarding the question of offsetting revenues, HRSD indicated that this should be worked out between Suffolk and Isle of Wight. If the County maintains the position that revenues .from flows generated in the County should be applied to projects in the County, the County will be successful in the final analysis. 1 1 1 21 . •. aooK 1~r -~~:~ ?0`'~ County .Attorney Crook stated HRSD is referring to a signed . addendum in their. letter, but the only evident attachment that he sees is handwritten figures. County Administrator Standish stated there is an addendum to the ..original Board approved agreement which adds the distance on Route 10 .and if the Board approves the agreement, it should be with the understanding that the County Attorney will review the document. . County Attorney Crook stated the addendum only adds the stretch from Benn's Church down to the industrial park on Route 10, although it does not add anything on Route 17. It still goes from Suffolk down Route 17 to-Route 258,. then up Route 258. Mr. Crook stated his only concern is that Smithfield Foods' participation made it possible and the County should let Smithfield Foods know that these credits are proposed to be used to run the spur south from Benn's Church on Route 10. David J. Murphy, Director of Public Utilities, stated Smithfield Foods has been involved- from the beginning on this and has agreed to run out to the new pump station to be located near the old Smithfield High School site. Supervisor Bradshaw suggested tabling the matter and requested an executive session later in the meeting to discuss with the Board, staff and counsel contract negotiations which occurred in the past on Smithfield Foods participation.. . County Administrator Standish recommended the Board establish the dedication for the Public Safety Building be set for March 4, 1993 at 1:30 p.m. prior to -the Board's regular meeting. Supervisor Spady moved that the Board establish March 4, 1993 at 1:30 p.m. as the dedication for the Public .Safety Building. The motion was adopted unanimously (5-0}. County. Administrator Standish stated for the Board's information is the Treasurer's report as of January 1,1993 and Hated an invitation from the Social Services Department to .the Board to attend a public information forum at 2:00 p.m. on Friday, February 18, .1993.. // Chairman Edwards called for Old Business. Supervisor Spady requested an update on the activities associated with Phase I of the schools construction Dr. Jane T. York, School Superintendent, stated Phase I included the Carrollton Elementary School, the WindsorMiddle/High School, technology ..upgrade at Smithfield High School and the auditorium at Smithfield High School. Dr.-York further stated the School' Board indicated to the Board of Supervisors on August b,1992 an additional $1.4 million maybe needed for 22 eooi 15 ~~{.f2Cfi items such as the turning lane at Carrollton and the land, which has already been funded, so the School Board is now providing the Board with an adjustment of what they think it will take. Dr. York stated at that point the School Board had not included the demolition at Windsor and the School Board has looked at the possibility of changing the use of the piped heating system. Dr. York stated the.School Board does not believe they will need all of the money as initially thought for the wastewater treatment plant, but does recommend the 1,000 seat auditorium to .the Board of Supervisors. Supervisor Spady stated he did not have a problem with the figures presented by the School Board as long as these figures are high figures and the School Board will try to come in under these figures. Supervisor Spady further stated that he would recommend that the Board proceed with the 850-seat auditorium at Smithfield High School which. he believed would be sufficient to accommodate the County's needs because it would only be used a few .times a year at the 850-seat capacity. Supervisor Bradby questioned the cost of removal. for the asbestos in the Windsor High School. Peter Andrea, Construction Control Corporation, stated the asbestos at the Windsor High School has been abated somewhat and the remaining asbestos is some- insulation around the piping which is encapsulated and some vinyl asbestos tile. County Attorney .Crook stated the County has twice removed the asbestos from the Windsor High School, once where students might have access and the second time, where anyone might have access. He stated the encapsulated asbestos Mr. Andrea is referring to is the remaining asbestos that cannot be found unless the building is torn down. Dr. York stated if the School Board does not need any of the money requested, the School Board is committing to not using the money. Dr. York further stated she would make a commitment to the Board of Supervisors that the auditorium would be a facility available for use by the community and she would personally like to see it located to the right of the school so that it can be shut off from the rest of the school. County Attorney Crook stated he had been working with PMA on these amendments and with the architect and these. are the figures involved in the amendments, for the architect $16,100 for the upgrade and $119,000 for the auditorium. Mr. Crook stated construction management is $82,500 for both. Supervisor Bradby inquired how the County planned to handle the sewage disposal until the HRSD line is installed coming into Windsor. Mr. Andrea stated Construction Control Corporation presently has an RFP out for an engineer design for upgrade of the existing facility and/or to negotiate with HRSD until the line is installed and provide Construction Control Corporation the best possible results on how the County canHRSD temporarily or extend what the County now has temporarily until r. [] 23 r% eooK 15 :h~:~~r`.t}~ arrives. lvir. Andreu further stated the current plan is to have two bid packages, the footing or foundation and a building package following this which will do the rest of the work except the demolition of the existing school which can be done as a separate package at the end of the project. Supervisor Cofer moved the Board approve the additional request for Phase I including a 850-seat auditorium for Smithfield High School at $3,831,575. The motion was adopted unanimously (5-0). . Chairman Edwards stated regarding the second item under Old Business, Windsor Library, when the matter was last discussed there were two questions the Board needed answers to before proceeding any further., Chairman Edwards stated the first issue has been taken care of and that the County does not have any problems regarding the Procurement Act and the second issue was the approval of Pruden to proceed. , Dr. York stated all six members of the Pruden Board are in favor of j doing the proposed project for next year and a meeting can be called in February to approve such. Dr. York further state artdhe County Administrator and she should meet with the foundation bo County Administrator Standish stated he has provided the Board with a briefing paper and the Building Official has noted that it does not take an architect`s seal and he can work with Pruden to develop a workable set of specifications.. Mr. Standish noted at the bottom of the briefing paper are comparative cost estimates.. County Attorney Crook stated he would like. to check to determine if an architect's seal is needed for a public building because public buildings require additional certification for public safety, Bruce Bumbalough, Director of the Walter Cecil Rawls Library, stated his staff would be willing to work on architectural design to help out.. Supervisor Cofer moved the Board direct the County Administrator and County Attorney to meet with the Pruden Foundation individuals and the Town of Windsor representatives as well as the Rawls Library representatives to .work out the details and report back to the Board. The motion was unanimously (5-0) adopted. Supervisor Bradshaw asked Chairman Edwards if he had taken any action regarding the appointment of a representative for the Windsor area on the Electoral Board. 1 Chairman Edwards advised Supervisor Bradshaw that four nominees were submitted to the seni©r Circuit Court judge and all. of these live either in the .Windsor, Zuni or Carrsville area. // Chairman Edwards called for Appointments. 24 'BOQK ~5 rAG'`l.UC) Supervisor Spady moved the. Board appoint W. Martin Jones. to the Planning Commission representing the Newport District. The motion was unanimously (5-0) adopted. Supervisor Spady moved the Board appoint Larry O'Bryan to the Planning Commission representing the Newport District. The motion was unanimously (5-0) adopted. Supervisor Cofer moved the Board appoint Lynn F. Harris to the Isle of Wight Tourism Bureau #o fill the unexpired term of Judy A. Begland. The motion was unanimously (5-0) adopted. Chairman Edwards moved the Board appoint Malcolm T. Cofer to the Public Service Authority representing the Smithfield District. The motion was unanimously (5-0) adopted. Supervisor Bradby moved the Board appoint Phyllis Bloxom to the Planning Commission representing the Hardy .District. The motion was unanimously (5-0) adopted. ' // Chairman Edwards called for approval of the January 7,1993 minutes. Upon recommendation of County Attorney Crook„ Supervisor Spady moved the Board adopt the January 7, 1993 minutes of the Board. The motion- was unanimously (5-0) adopted. // County Attorney Crook requested an executive session under Section 2.1-344 A3 of the Freedom of Information Act for consultation with staff and counsel concerning negotiations of contracts for use of public property and under Section 2.1-344 AI of the Freedom of Information Act concerning a personnel matter. At 4:00 p.m., Supervisor Bradshaw moved the Board take a five- minute recess and then go into executive session for the reasons stated by the County Attorney. The motion passed unanimously (5-D). Upon returning to open session at 4:48 p.m., Chairman Edwards stated for the record he did not participate in the discussion concerning contract negotiations. Supervisor Cofer mooed the Board adopt the following resolution: CERTIFICATION OF EXECUTIVE MEETING WIHEREAS, 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, 1 1 25 1 ' 9~~N ~5. YAG`~~r~ 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 TT 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 (5-0). Supervisor Cofer moved the Board authorize the County Attorney to consult with HRSD and .Smithfield Foods concerning the HRSD line and thakthe matter be taken up at the Board's February 18, 1993 meeting. ,The motion passed unanimously (5-0). // Supervisor Edwards stated he appreciated the Board's efforts in the things which have been achieved since this Board was elected, such as a school, an HRSD line and a library for the Windsor area. Supervisor Bradshaw stated he agreed with Chairman Edwerds~andd that it was a pleasure to work. with the new members of th , Supervisors -Cofer and Spady. // At 4:50 p.m., Supervisor Cofer moved the Board adjourn. The motion passed unanimously (5-O). 1 Myles Standish, Clerk ?b Steve W. Edwards, Chairman