Loading...
10-15-1992 Regular Meetingsn~K 15 ,G 5~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FIFTEENTH DAY OF OCTOBER IN THE YEAR NINETEEN HUNDRED NINETY TWO PRESENT: Henry H. Bradby, Chairman Steve W. Edwards, Vice Chairman Joel C. Bradshaw, Jr. Malcolm T. Cofer O. A. Spady Also Attending: H. Woodrow Crook, Jr., County Attorney Myles E. Standish, County~Administrator W. Douglas Caskey, Assistant County Administrator/ Community. Development Donald T. Robertson, Assistant to the County Administrator Carey H. Mills, Assistant Clerk Chairman Bradby called the meeting to order at 7:00 p.m. and delivered the invocation. // Chairman Bradby called for Citizens Comments. There were no comments offered for discussion by the Board. // i Chairman Bradby .called for the Community Development report. 1 W. Douglas Caskey, Assistant County Administrator/Community Development, referred to the Board report. included in the agenda pertaining to the Isle of Wight County Chesapeake Bay Preservation Area Ordinance which was adopted by the Board in November of 1990 and has since been certified by the Chesapeake Bay Local Assistance Board as being consistent with the State's Chesapeake Bay Preservation Act. 1VIr. Caskey advised the .County is beginning to see major subdivisions that are. falling under certain provisions of this Act and because of certain technical applications within the ordinance, an interpretation of these sections is vital to the County's enforcement of .its local ordinance. Mr. Caskey further advised information regarding this matter has been forwarded to the County Attorney for his review and recommendation on the particular sections dealing with preservation of the resource protection area, .particularly the buffer area that is allowed and required in that area. County Attorney Crook- advised the Board the matter should be referred to the Planning Commission for examination and determination of whether the policy is recommended. Mr. Crook further advised he had reviewed the matter briefly and wanted to meet with the Department of Community Development to discuss it .further. Mr. Crook stated matters involving the Chesapeake Bay Preservation Area in the past had gone to the f 1 1 } ~f - B~rK 15 •~r,r 5.,L .Planning Commission before the Board of Supervisors and it was his opinion that this matter should as well. Mr. Crook further stated that if the ordinance is not. fully understood, the County should amend the language in the Chesapeake Bay Preservation Ordinance to make it clear. Supervisor Edwards moved the Board refer the matter to the. Planning Commission for their examination and determination whether the policy recommended is needed. The motion .passed unanimously (5-0). Mike Huffman, resident on Bethel Church Lane, appeared before the Board requesting an extension of time for his Conditional Use Permit for a mobile. home. Mr. Huffman also requested that the County name the private road leading to his property. Chairman Bradby advised he had visited the site and urged the Board to look favorably upon Mr. Huffman's request. County Attorney Crook stated under the County's ordinance and procedures maintained by the County since 1970, any request of this nature must first go through the Planning Commission for. their recommendation. Mr. Crook further stated it would not be appropriate for the matter to be broughtbefore the Board before going to the Planning Commission because this would then be an attempt #o get the Board to commit to an approval without the matter- ever being heard by the. Planning Commission and getting their recommendation. County Attorney Crook further stated that. Mr. Huffman knew the required procedure because he had previously obtained an extension of his permit. Chairman Bradby noted that Mr. Huffman had received a letter advising the trailer must be moved within the. next three days and that .there would not be adequate time for the matter to be heard by the Planning Commission. County Attorney Crook advised the applicant to file his application -with the Department of Community Development who will handle the matter administratively. Mr. Huffman stated if the County would name his private road, the local .banks may be more inclined to lend him the necessary money to proceed with building his home. 1 Supervisor Cofer pointed out that the County's ordinance requires two or more residences to name both public or .private roads. County Attorney Crook advised Mr. Huffman to meet with the; Department of Community Development before his existing Conditional Use Permit expires. /I Chairman Bradby called for the County Attorney's report. 2 ~o~a 15.x.:- 5? County. Attorney Crook advised the Board he had prepared a rnntract between the County and Greaves, Finch & Associates .regarding architectural services for the second floor renovation of the old Srnith&eld High School for the Paul D. Camp. Community College site. Mr. Crook further advised the architect is in agreement with the contract with one. exception regarding a slight revision in the pay schedule. Mr. Crook advised that 60% of the fee would be paid after the bid process which is normally not the case .for an architect's contract and Mr. Greaves has met with him and discussed the matter. Mr. Crook stated he recommends the contract to the Board if .the Board wished to enter the contract under the normal payment schedule. Supervisor Edwards moved the Board approve the following contract: AGREEMENT TO DESIGN BUILDING Agreement made, effective as of September 15, 1992, by and between GREAVES, FINCH & ASSOCIATES, P.C., Suite 200, Parkway One, 2697 International Parkway, Virginia Beach, Virginia 23452, hereinafter referred to as architect, and BOARD OF SUPERVISORS: OF ISLE OF WIGHT COUNTY, Isle of Wight, Virginia, hereinafter referred to as owner. This agreement shall constitute the terms and conditions under which architect shall provide architectural services for renovations to the second floor of the old Smithfield High School located on James Street in the Town of Smithfield, Isle of Wight County, Virginia, including a new stair tower/elevator addition to gain handicapped access to the second floor. SECTION ONE COMPENSATION Owner agrees to pay architect a total fee of thirty-five thousand dollars ($35,000.00) of which thirty thousand .dollars ($30,000.00) will be for design and five thousand dollars ($5,000.00) for project construction (shop drawings and pay request certification). Thirty-five percent (35%) of the thirty thousand dollars ($30,000.00) shall be paid at the conclusion of project planning, consisting of meeting with County staff, meeting with community college staff, tour of facility and assessing its current condition, preparing plan for approval, developing budget and schedule and briefing Board of Supervisors on recommendations. Sixty percent (60%) of the thirty thousand dollars ($30,000.00) will be paid upon. the completion of the design process consisting of developing bid plans and specifications. The remaining five percent (5%) of the thirty thousand dollars ($30,000.00) will be paid upon the completion of the all inclusive bid process, prebid conference, bid review and background evaluation, bid recommendation, pre-construction conference. The fee of five thousand dollars ($5,000.00) for project construction oversight will consist of regular on-sight inspections, review and approval of shop drawing submittals, regular conferences with County and college staff and construction contractor, review and approval of contractor's applications for payment, contingencies as necessary and certification of completion. 3 tt P~~~ 15.~;~ 53 SECTION TWO ARCHITECT'S SERVICES A. Architect agrees to provide all architectural, engineering, and consulting services. except such field engineering services as may be employed and paid for by the contractor. B. Architect's services shall include the necessary conferences, the preparation of preliminary studies, work drawings, specifications, large scale and full-sized detailed drawings, as may be required, the issuance of certificates for payment, the keeping of accounts, supervision of the work,, and inspections during the guarantee period. In addition, architect's services shall include the preparation of drawings, specifications, and written opinions in connection with construction changes. SECTION THREE ARCHITECT'S EXPENSES A. Architect shall pay all expenses in connection with site planning, site engineering, as well as structural, mechanical, and special engineering pertinent to the preparation of the drawings and specifications. or their interpretation, and the determination or compliance, as may be required in the completion of the project. B. Architect agrees to provide for the cost of transportation and living incurred by him and his assistants or associates while traveling in the discharge of duties connected with the work under and pursuant to this agreement. SECTION FOUR CERTIFICATION OF DRAWINGS Owner will furnish or has furnished architect with current, dated .plans for said building and architect certifies that drawings .will be based on said plans. SECTION FIVE OWNER'S EXPENSES. k Owner will authorize and pay for test borings and for chemical, mechanical, or laboratory tests, when and as required, but not including. tests specifically required under the construction contract. SECTION SIX ARCHITECT'S DUTIES TO ADVISE, SUPERVISE, AND INSPECT; GUARANTEE PERIOD A. Architect will advise owner in writing of any omissions, substitutions, defects, and deficiencies noted in the work of contractors, but does not guarantee the performance of their contract. B. Architect or his agent shall visit the project twice a month 4 ~ ~ B~nN ~~ r~~;~ ~.~ during the construction process, or. more often when the nature and progress of the work and the interests of owner require an increase in the frequency of such visits. C. The architect shall inspect the. project for evidence of faulty materials and quality of work The landscape work and the heating and cooling systems shall be inspected by architect in appropriate season. The project in general shall be inspected at or about the ninth month after completion for warranty inspection. D. A resident inspector is not contemplated by the parties to this agreement. However, inspections under Section 1308 of the Uniform Statewide Building Code (BOCA) will be the responsibility of owner. SECTION SEVEN OWNERSHIP OF DRAWINGS Drawings and specifications as instruments of service shall be the property of architect, regardless of whether the work .for which they are made is executed, and their use for any other project is not authorized. A record set of drawings shall be turned over to owner with operation and maintenance manuals at the completion of the project. SECTION EIGHT. ARCHITECT'S CERTIFICATES Architect's certificates evidencing recent inspection and acceptability of the work, and certifying as to the validity of requestedpayments shall be executed .simultaneously with requests for advances for payment covering construction cost or monthly reports of progress and compliance when advances during construction are not requested. The above-stated certificates shall be based on personal inspection of the work by architect or his agent. The name of the agent shall be indicated when an inspection is made by the agent for architect. SECTION NINE TERMINATION OF AGREEMENT A. Either .architect or owner may, on thirty (30) days' prior written notice to the other party, terminate this agreement for reason of noncompliance with any of the provisions of this agreement by the other party. B. In the euent of termination, architect shall be entitled to only the prescribed portion of fee determined by the percentage of the construction completed. SECTION TEN CONSTRUCTION CHANGES--COSTS AND DUTIES A. Owner .agrees to pay, in addition to the contract price, the cost of any supplementary drawings required by reason of construction changes 5 1 J ~~ .; P~~K 1~ .~;:~ 5) agreed to by both parties. B. It is understood that architect, under the terms of this agreement, will review and act in an advisory capacity in connection with each construction change submitted by owner and will prepare a letter indicating his opinion as to .the acceptability and effect of each change without additional cost to owner. SECTION ELEVEN ARCHITECT'S CERTIFICATION OF INTEREST Architect hereby certifies that he is an independent practitioner having no identify of interest-.with the builder, and that architect does not have any ..financial interest in the project or -the real estate on which it is to be constructed other than. the fee he has received or is to receive under and . I pursuant to this agreement. SECTION TWELVE EFFECT OF AGREEMENT This agreement shall bind, and the benefits thereof shall inure to, the respective parties to this agreement, their .legal representatives, executors, administrators, successors, and assigns. SECTION THIRTEEN NO WAIVER The failure of either party to this agreement to insist upon .the performance of any of the terms and conditions of this agreement, or the waiver of any breach of any of the terms .and conditions of this agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. SECTION FOURTEEN GOVERNING LAW It is agreed that this agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Virginia SECTION FIFTEEN EFFECT OF PARTIAL INVALIDITY a The invalidity of any portion of this agreement will not and shall not be deemed to affect the validity of any other provision. In the event that. any provision of this agreement is held to be invalid, the parties agree that ~ i the remaining provisions shall be deemed to be in full force and effect as if they. had been executed by both parties subsequent to the expungement of the invalid provision. SECTION SIXTEEN ENTIRE AGREEMENT' 6 BO~w ~~ •~;~ 5U This agreement shall constitute the entire agreement between the. parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party except to the extent incorporated in this agreement. SECTION SEVENTEEN MODIFICATION OF AGREEMENT Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. SECTION EIGHTEEN EXCUSABLE DELAY Neither party to this agreement shall be liable to the other for any loss, cost, or damages, arising out of, or resulting from, any failure to perform in accordance with the terms of this agreement where the cause of such failure shall include, but not be limited to, acts of God, strikes, lockouts, or other industrial disturbances, wars, whether declared or undeclared, blockades, insurrections, riots, governmental action, explosions, fire, floods, or any other cause not within the reasonable control of either party. SECTION NINETEEN NOTICES Any notice provided for or concerning this agreement shall be in writing and be deemed sufficiently given when sent by certified or registered mail to the respective address of each party as set forth at the beginning of this agreement. SECTION TWENTY ASSIGNMENT OF RIGHTS The rights of each party under this agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. SECTION TWENTY-ONE PARAGRAPH HEADINGS The titles to the paragraphs of this agreement are solely for the convenience of the parties and shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this agreement. SECTION TWENTY-TWO COUNTERPARTS This agreement may be executed in any number of counterparts, each 7 . •. POCK ~~ %c.i;' of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. The motion passed unanimously (5-0). County Attorney Crook advised he had two .matters for executive. session later in the meeting. // Chairman Bradby called for the County Administrator's report. County Administrator Standish advised the Board he had met with Judge Ted Morrison, Chairman of the State Corporation Commission, this morning to discuss the issue and a strategy for implementing extended-area calling as previously recommended to the. Board. Mr. Standish stated he would recommend the Board. allocate $10,000 to the Chamber of Commerce to pursue the strategy outlined to the Board in the Chamber's letter of October 14, 1992. Supervisor Spady requested County staff provide a written report on the. meeting with Judge Morrison, and to place -the matter on the Board's November 5, 1992 agenda. Supervisor Cofer moved the Board adopt the following resolution as revised by the County Administrator and County.Attorney: RESOLUTION REGIONAL WATER WHEREAS, water resources are a critically important element in the existence and future development of any community; and, WHEREAS, the jurisdictions in southeast .Virginia have, suffered frequent water shortages and water quality impairments as a result of .inadequate supplies; and, WHEREAS, the U.S. Army Corps of Engineers and. the Virginia Water I 'Control Board have determined that the regional water supply deficit in southeast Virginia by the year 2030 is between 50 and 85 mgd based on an annual average; and, WHEREAS, the communities of southeast Virginia have worked independently and .together to develop and manage existing water resources; and, WHEREAS, the future of southeast Virginia depends upon future water resources development, which can best be undertaken cooperatively with regional coordination and mutual regional benefit as the common goal. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County that the .Southeastern Public Service Authority 8 ![ BOnN ~5.~:;• 5~ continue discussion to explore the feasibility. of regional water resource development and distribution. BE IT ALSO RESOLVED that the formation of any such regional water system should be based upon fair and equitable compensation for any existing water supply systems acquired as part of a regional system as well as fair and equitable distribution of and charges for water supplied to the member jurisdictions of the regional system. BE IT FURTHER RESOLVED that the discussion or formation of a regional water system. does not negate the need for the Lake Gaston water project resources to be added to the existing water supply systems serving southeast Virginia, The motion passed unanimously (5-0). Supervisor Spady moved the Board approve the following Health Department agreement: COMMONWEALTH OF VIRGINIA DEPARTMENT OF HEALTH STATEMENT OF AGREEMENT WITH the BOARD OF SUPERVISORS of ISLE OF WIGHT COUNTY, VIRGINIA Under this agreement, which is created in satisfaction of the requirements of Section 32.1-31 of the Code of Virginia (1950), as amended, the Virginia Department of Health, over the course of one fiscal year, will pay an amount not to exceed $300,714, in accordance with appropriations by the General Assembly, and in like timeframe .the BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA will provide by appropriation a sum of $287,609. These joint funds will be distributed in timely installments, as services are rendered in the operation of the ISLE OF WIGHT COUNTY Health Department, which shall perform public health services to the Commonwealth, as indicated in Attachment A(1.), and will perform services required by local ordinances as indicated in Attachment A(2.). The term of this agreement is one year,.beginning July 1, 1992. The parties agree that: 1. Under this agreement, as set forth in paragraphs A, B, C, and D below, the Commonwealth of Virginia and the Virginia Department of Health shall be responsible for providing liability insurance coverage and will provide legal defense for state. employees of the local health department. for acts or occurrences arising. from performance of activities conducted pursuant to state statutes and regulations. A. The responsibility of the Commonwealth. and the Virginia Department of Health to provide .liability insurance coverage shall be limited to and governed by the Self-Insured General Liability Plan for the 9 1 1~ ,.. ~~~,~ ~5 ~;:: 5~' Commonwealth of Virginia, established under Section 2.1-526.8 of the Code of Virginia. Such insurance coverage shall extend to the services specified in Attachments A(1.) and A(2.), unless the locality has opted to provide coverage for the employee under the Public Officials Liability Self-Insurance established under Section 2.1-526.8:1 of the Code, or under a policy Plan , procured by the locality. B. The Commonwealth .and the Virginia Department of Health will be responsible for providing legal defense for those acts or occurrences arising. from the performance of those services listed in Attachment A(1.), conducted in the performance of this contract, as provided for under the Code of Virginia and as provided for under the terms and conditions of the Self-Insured General .Liability Plan for .the Commonwealth of Virginia. C. Services listed in Attachment A(2.), any services performed pursuant to alocal ordinance, and any services authorized solely by Title 15.1 of the Code of Virginia, when performed by a state employee, are herewith expressly excepted from any requirements of legal defense or representation by the Attorney General or the Commonwealth. For purposes of assuring the eligibility of a state employee performing such services for liability coverage under the Self-Insured General Liability Plan of the .Commonwealth of Virginia, .the Attorney General has approved, pursuant to Section 2.1-121 of the Code of Virginia and the Self-Insured General Liability Plan of the Commonwealth of Virginia, the legal representation of said employee by the city or county attorney, and the BOARD OF SUPERVISORS. OF ISLE OF WIGHT COUNTY, .VIRGINIA hereby expressly agrees to provide the legal defense. or representation at its sole expense in such cases by its local attorney. D. In no event shall the Commonwealth or the Virginia Department. of Health be .responsible for providing legal defense or insurance coverage for local government employees. 2. Title to equipment purchased with funds appropriated by the local government and. transferred to the state, either as match for state dollars or as a purchase under appropriated funds expressly allocated to support the activities of the local health department, will be retained by the Commonwealth and will be entered into the state Fixed Asset .Accounting and Control System. Local appropriations for equipment to be .locally. owned and controlled should not be remitted to the Commonwealth, and the local government's procurement procedures shall apply in the purchase. The locality assumes the responsibility to maintain the equipment and all records thereon. 3. Amendments to or modifications of this contract must be ~ I agreed to in wrifing and signed by both parties. h (5-0) assed unanimousl The motion . y p . County Administrator Standish noted that Dr. E. D. Harris would be ...retiring as Health Director on December 31,1992. Mr. Standish pointed out 10 en~K 15.A.:' EO that in Dr. Harris' letter dated October 7, 1992,. the State's process in selecting the next Health Director may include representatives from member localities. Mr. Standish noted if the Board concurred, he would indicate to Dr. Virts that each of the four communities have input during the selection process for the new Health Director. County Administrator Standish stated Greeneville County has adopted a resolution in opposition to a proposed reduction in the Federal government's price support program for peanuts and an increase in importation of foreign peanuts. Supervisor Edwards moved County staff prepare such a resolution for the Board's November 5, 1992 meeting. The motion passed unanimously (5-0). County Administrator Standish stated the Newport News City Council has requested the assistance of the Board to voice their opposition to the Federal government's proposed consolidation of Norfolk and Newport News Ports of Entry. Supervisor Spady moved the Board direct the County Administrator to forward a letter to the appropriate Federal officials indicating the Board's desire to maintain two Ports of Entry in Hampton Roads. -The motion passed unanimously (5-0). County Administrator Standish noted the delinquent tax attorneys have collected $547,340 through the end of September, at a cost of $63,008 to the County, which represents approximately 11.5% of the amount collected. Supervisor Cofer moved the Board adopt the- following resolution: RESOLUTION TO APPROPRIATE ONE HUNDRED SEVENTEEN THOUSAND ONE HUNDRED EIGHTY-TWO DOLLARS FOR CARRYOVER GRANT PROGRAMS WHEREAS, the School Board of the County of Isle of Wight has received grants for various programs; and, WHEREAS, the funds in the amount- of one hundred seventeen thousand one hundred eighty-two dollars ($117,182) need to be carried over to the following programs in the 1992-93 budget of the County of Isle of Wight, Virginia: Chapter I $102,627 Title VIB 8,448 Drug Free Schools and. 6,10? Communities Act NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of .Supervisors of the County of Isle of Wight, Virginia that one hundred seventeen thousand one hundred eighty-two dollars ($117,182) be 11 1 i~ B(1~M 15 ~A.;r V1 appropriated to the programs listed above in the 1992-93 budget of the .County of Isle of Wight, Virginia. 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 and to do all the things necessary to give this resolution effect. . The motion passed unanimously (5-0). Supervisor Cofer moved the Board adopt the following resolution: :RESOLUTION TO APPROPRIATE SEVENTY-SEVEN THOUSAND EIGHT HUNDRED FORTY-SIX DOLLARS FROM THE FEDERAL GOVERNMENT FOR THE CHAPTER I SUNIlviER PROGRAM WHEREAS, the School Board. of the County of Isle of Wight has received a grant for the Chapter I Summer Program; and, WHEREAS, the funds in the amounf of seventy-seven thousand eight. hundred forty-six dollars ($77,846) need to be appropriated to the school granf fund in the 1992-93 budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the. Board. of Supervisors of the County of Isle. of Wight, Virginia -.that seventy- seven thousand eight hundred forty-six dollars ($77,846) be appropriated to .line item Chapter I Summer Program in the 1992-93 budgef of the County:. of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the .County of Isle of Wight, Virginia is authorized to make the appropriate t accounting adjustments in the budget and to do all the things necessary to give this resolution effect. The motion passed unanimously (5-0). Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE FORTY-SEVEN THOUSAND FIVE HUNDRED SIXTY-ONE DOLLARS FROM THE FEDERAL GOVERNMENT FOR THE CHAPTER II PROGRAM WHEREAS, the School Board of the County of Isle of Wight has. received a grant for the Chapter II .Program; and, WHEREAS, the funds in the amount of forty-seven thousand five hundred sixty-one .dollars ($47,561) need to be appropriated to .the school grant .fund in the 1992-93 budget of .the County of Isle of .Wight, Virginia. NOW, THEREFORE, BE I'T AND IT IS HEREBY RESOLVED by the 12 f @O~N 15 rA~;' U~ Board of Supervisors of the County of Isle of Wight, Virginia that forty- seven thousand five hundred sixty-one dollars ($47,561) be appropriated to line item Chapter II Program in the 1992-93 budget. of the County of Isle of Wight, Virginia. 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 and to do all the things necessary to give this resolution effect. The motion passed unanimously (5-0). County Administrator Standish advised .the agenda envelope contained information the Board had previously requested pertaining to a survey on roadside maintenance, an update on the work for the auditorium, and a status .report on the Veteran's Day event being hosted by Parks & Recreation. Supervisor Spady requested the Budget & Finance Director provide the Board with the monthly financial reports. 1 // // Chairman Bradby .called for Old Business. There was no old business offered for discussion by the Board. ---, I Chairman Bradby called for New Business. Chairman Bradby requested the County Attorney to review the statute to determine if members of the Auxiliary Police are eligible to receive the. same benefits as fire and rescue volunteers. Chairman Bradby requested the placement of dumpsters on Mill Swamp Road. Supervisor Edwards suggested placing the dumpsters near the Virginia Power transfer station on Mill Swamp Road. // Chairman Bradby called for Appointments. Supervisor Cofer moved the Board reappoint Carl M. Beale, Jr. representing the Smithfield District on the Board of Building Appeals for a five-year term. The motion passed unanimously (5-0). Supervisor Edwards moved .the Board reappoint W. E. Garrison, Jr. representing the Windsor District on the Historical Architectural Advisory Committee .for afour-year term. The.. motion passed unanimously (5-0). 13 ~; T'. 8(l~h. ~5 ~~;;' UJ Supervisor Edwards moved the Board reappoint Marvin M. Pulley, III on the Tidewater Emergency Medical Services Council, Inc. for a two-year term. The motion passed unanimously (5-0). // Chairman Bradby called for the approval of the September 17, 1992 minutes.. Upon recommendation of County Attorney Crook, Supervisor Cofer moved -the Board adopt the September 17, 1992 minutes. The motion passed unanimously (5-0). // County. Attorney Crook requested an executive session under Section 2.1-344 A7 of the Freedom of Information Act for consultation with -legal counsel pertaining to legal matters, specifically the motor sports complex proposed agreement and negotiation and also for use of public funds for public purposes. At 7:36 p.m., Supervisor Cofer moved the Board go into executive session for the reasons stated by the County Attorney. At 8:22 p.m., upon returning to open session, Supervisor Cofer moved the Board adopt the following resolution: CERTIFICATION OF EXECUTIVE MEETING WHEREAS, the Board of Supervisors has convened an .executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, 2.1-344.1A of the Code of Virginia requires a certification by this Board of Supervisors that such executive meeting was conducted in conformity with. Virginia law; NOW, THEREFORE, BE IT .RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by 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 motionconvening the executive meeting were heard, discussed.. or considered. by .the Board of Supervisors. VOTE AYES: 5 NAYS: 0 eu~N 15 ~~~., g4 ABSENT DURING. VOTE: 0 ABSENT DURING MEETING: 0 The motion passed unanimously (5-0). // At 8:23 p.m., Supervisor Cofer moved the Board adjourn. The motion passed unanimously (5-0). enry . Bradby, Chairman Y Myles tandish, Clerk