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08-20-1992 Regular MeetingT: REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTIETH DAY OF AUGUST IN TI3fi MBAR 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. The ,invocation was delivered by Supervisor Cofer. // Chairman Bradby called for a public hearing on the following request: The request of Windsor Lions Club, Inc. to hold the "Chick-a- que" on Saturday, August 29,1992 from 3:00 p.m. until 7:00 p.m. at Poster's Pond located on Sunset Road (Route 609) in Windsor Magisterial District Chairman Bradby called for citizens to speak in favor of the request.. Ben Brown, Secretary of the Windsor Lions Club, appeared. Mr. Brown stated this is an annual event which is sponsored by the Jaycees and the Windsor Lions Club. Chairman Bradby called for citizens to speak in opposition to the request. No one appeared. Supervisor Edwards moved the. Board approve the request of the Windsor Lions Club, Inc.. The motion was unanimously (5-O) adopted. // Chairman Bradby called for Citizens'. Comments. Grace Keen suggested the County host a Veterans Day cookout in November similaz to the cookout provided for volunteers of the County In July. . t Grace Keen requested the Board contact Mr. Johnson of the Virginia Department of Transportation regarding maintenance of the beautiE'ication areas in the County. // Chairman Bradby called for the Community Development report. W. Douglas Caskey, Assistant County Administrator/Community Development, presented the following application for the Board's consideration: The application of Brenda and Payton Jones, Jr., for a Conditional Use Permit to locate a mobile home for their nephew, Jerome Rawles and immediate family, on 1.5 acres of land located on Fort Huger Drive (Route 676) between Bradby's Lane (Route 702) and Tylers Beach Road (Route 686) in Hardy Magisterial District Mr. Caskey stated there was no opposition presented to the application when it was considered by the Planning Commission and the Planning Commission did note comments received by the Health Department relative to the proposed mobile home using the existing septic tank system. Mr. Caskey further stated based on the input from the Health Department and additional input supplied by the applicants concerning the number of persons proposed to occupy the mobile home, the Planning Commission recommended approval of the application with a condition that the number of occupants not exceed four (4) persons. Chairman Bradby moved the Board concur with the recommendation of the Planning Commission to recommend approval of the application with the condition that the number of occupants not exceed four (4) persons. The motion was unanimously (5-0) adopted. Mr. Caskey presented the following application .for -the Board's consideration: The application of Benns Church Properties and Centel Cellular Company of Virginia for a Conditional. Use Permit to locate a twelve (12) feet by twenty-eight (28)-feet unmanned equipment building and cellular telephone communications .tower four hundred (400) feet in height on 4.569 acres of land located off of Casper Circle between Turner Drive (Route 644) and Benns Church Boulevard (Route 10 & 32) in Newport Magisterial District Mr. Caskey stated when the application .was considered by the Planning Commission several people spoke in favor of the application with regard to the proposed cellular tower providing better. mobile telephone coverage in the County. Mr. Caskey further stated an adjoining property owner stated that an existing dirt road through the subject property provides needed access. to his landlocked parcel of land and he was 1 u ,; Boon 14 ~.: ~35~~ ~' concerned that. such access to his property may be restricted because of the proposed cellular tower, as well as the change in ownership of the subject property. Mr. Caskey continued the Planning Commission, applicants and the adjacent property owner discussed the access issue and several options that would address the adjacent property owner's concern and at the conclusion of the discussion, the Planning Commission voted unanimously to recommend approval of the application subject to a condition that the right-of-way through the property, twenty (20) feet in width for ingress and egress to adjoining properties, be retained at a location as determined by the applicant. Larry Dickens, agent with Centel, presented the Board an aerial photograph of the proposed site: Mr. Dickens stated Centel did check on ' the easement or right of way through to the ICirk's property and where the guy tower is presently located it is safe enough because there is a distance of thirty five to forty feet where the guy wire comes down which allows for the appropriate equipment to get in and out where needed Supervisor Spady questioned if the road leading into the site will be the road that is the right of way through the property. Mr. Dickens stated "yes" .that the plat is being redrawn to illustrate this all the way through to the ICirk's property. Chairman Bradby called for citizens to speak in favor of or in opposition to the application. No one appeared. Chairman Bradby moved the Board concur with the recommendation of the Planning Commission to grant approval of the application subject to a condition that the right-of-way through the property, twenty (20) feet in width for ingress and egress to adjoining properties be retained at a location as determined by the applicant.. The motion ,was unanimously (5-0) adopted. 1 Mr. Caskey stated far the Board's information, he wanted to advise the Board on the status of the proposed capital improvements program. Mr. Casket' further stated in December of 1991, the Planning Commission appointed asub-committee to work on a proposed capital improvements program to be submitted ultimately to the Board of Supervisors for approval, and this report was delivered by the sub-committee to the Planning Commission at their meeting earlier this month.. Mr. Casket' continued the Planning Commission in receiving the report opted to set a worksession scheduled for Augus# 27,1992 at 7:00 p.m. in the Board. Room and the Planning Commission has also scheduled, which will be advertised, a public briefing to be held on September 8, 1992 at 7:30 p.rn. in the Board Room. Mr. Caskey stated at some point in time there will be formal public hearings scheduled, advertised and held by the Planning Commission and this same procedure will occur`here at the Board's level. Supervisor Edwards thanked Mr. Caskey for forwarding the necessary paperwork to the appropriate individuals concerning the Windsor Library and requested Mr. Caskey to continue .monitoring this to ensure the. appropriate paperwork was received in time for the upcoming workshop. Mr. Caskey advised Supervisor Edwards that he was in receipt. of the necessary paperwork for the Windsor Library. Supervisor Bradshaw stated Carson Whitley had .contacted him. inquiring why the County is required to have surety bonds on borrow pits and asked County Attorney Crook to elaborate on the matter. County Attorney Crook explained -the bonding requirements for borrow pits under the County's zoning ordinance. Mr. Caskey stated Supervisor Bradshaw spoke with hirn several weeks ago relative to a concern expressed by Carson Whitley. as to the need for the County to require a surety bond for borrow pits. Mr. Caskey further stated the Virginia Department of Mines, Minerals and Energy also requires a surety bond for the jurisdiction they have and the inspections that they make relative to reclamation. Mr. Caskey continued what he did in trying to assist Supervisor Bradshaw was to survey the City of Suffolk, City of Chesapeake, City of Virginia Beach, York and James City counties and Southampton County to determine iE their local ordinances require a local bond and how did it relate to any bonds required by the State. Mr. Caskey stated the City of Virginia Beach is one of the few remaining waivered localities so, therefore, the Department of Mines, Minerals and Energy has no jurisdiction of borrow pits in the City of Virginia Beach. Mr. Caskey further stated there was a similar situation in Suffolk about eighteen months until the Board acted to repeal the waiver and put that responsibility back , with the State Department of Mines, Minerals and Energy and now the State does have jurisdiction of reclamation of borrow pits in the County and they have in turn begun requiring bonds. Mr. Caskey continued several of the other localities are handled the same way as the County in that they do require a local bond based on a certain amount of money per acreage to be disturbed and in addition the State does require a bond. Mr. Caskey stated he believed Southampton County does not require a local bond and they allow the State Department of Mines, Minerals. and Energy to have complete jurisdiction. Mr. Caskey further stated if the Board opted to repeal the matter, it would require public hearings and amendment to the zoning ordinance through a process by the Planning Commission and the Board. Supervisor Bradshaw stated he has ,had complaints from operators because they have to pay for two bonds, but he had informed them he would take the matter up with the County Attorney. County Attorney Crook stated the reasonsofwled ~e andthe County State bond would lapse without the County's kn g had requirements in its ordinance that are not State requirements. County Attorney Crook further stated in order to ensure compliance with not only State requirements, but the Count}rs requirements, the County insisted on the bond. County Attorney Crook continued the. County, in fact, wanted 1 7 3+ BOOM ~~ ~~,_ ~J 1 to increase the amount of the bond and he had to advise the Board that the State statutes limit the amount that the County can set on the bond. Supervisor Bradshaw requested either the County Attorney or Mr. . Caskey send a letter to the Whitleys informing them of the reasons for the ..bonds. Mr. Caskey stated he would send correspondence to the Whitley that he had. originally sent to Supervisor Bradshaw explaining the situation. .. // Chairman Bradby called for the County Attorney's report. County Attorney Crook advised the Board that Dr. Jane York of the School administration .and Peter Andreu with Construction Control Corporation were. present for a report to the Board concerning the Smithfield High School auditorium progress. Dr. York stated at this time Mr. Andreu would'like.. to give an update on the Carrollton site and building and would give an update on the ~ auditorium for the Smithfield High School if the Board wished. ~ Peter Andreu, the County's School Building Project/On-site Program Manager. with Construction Control Corporation, presented a plan holder's list regarding the Carrollton project and stated to date forty-two contractors j have picked up the documents which cost $125 to review the drawings and bid the contract. Mr. Andreu further stated Addendum #1 will go out .tomorrow which is the last and only addendum on the construction- documentsand bids will be opened on September 1,1992 at the Courthouse at 2:00 p.m. Mr. Andreu continued the County will be within the budget on the Carrollton project. Mr. Andreu stated as an update to the Board on the Windsor Middle High School, the architect has begun the schematic documents.. Mr. Andreu then passed out a spreadsheet on the Smithfield auditorium representing scenarios on several different types of auditoriums: which consisted of two categories, one being a community theater and-the ~ second being a basic high school auditorium which provides adequate seating space, but lacks the acoustics, the insulation and the upgraded sound systems. I Supervisor Spady stated at this point he would need additional time to review the material and asked if Mr. Andreu would be available for questions. at a later lima ~ i Mr. Andreu stated he is located at Smithfield High School in the double-wide trailer behind the gym. Supervisor Cofer suggested this may be a good opportunity for a joint work session between the Board of Supervisors and the School Board to discuss the matter. Supervisor Bradshaw stated in reviewing the scenarios regarding the ~ ^ ~~ ~o~w ~.4 ~~:-`35 auditorium there did not apC un bsehould be supe to bu d an adequatelye different sizes and that the ty sized auditorium. . County Administrator Standish asked Mr. Andrew when he would be moving his office to the Carrollton site. Mr. Andrew replied bids will be opened on September 1,1992 and it would probably be within thirty days .which will be sometime in late September or early October. County Attorney Crook stated he had three. other matters for executive session later in the meeting. // Chairman Bradby called for the Country Administrator's report. Linda Bean, Director of Social Services, stated the Comprehensive Services Act for At-Risk Children was passed by the 1993 which creates a the 1992 session and will become effective on July 1, State pool by consolidating nine ctr~bled and/or ats sk youthat Msr~~ . are used to purchase services for further stated the Federal 4-E Foster Care Funds will later be incorporated into the State pool which will mean that eventually there will be ten currently existing funds incorporated into this one fund. Mr. Bean. continued currently these services and the funds associated with these services are a part of each individual agency's fiscal operating budget and for the first time in Virginia, the money from various sources is going to be mixed. Ms. Bean continued in order to receive and administer these funds, each locality is required to establish either individually, or jointly with other localities, a community policy and management team which will develop inter-agenry policies and procedures to govern the provision of services for troubled youth within the community as well as develop strategies to maximize the use of State and community resources. Ms. Bean statedCou t teams are to be made up of agency directors from Social Service, Services, School systems, community service boards and the Health Department and each team is required to include parent representatives. , Ms.' Bean further stated the funding as currently proposed will be based upon a locality's aid to families with dependent children caseloads and. communities will be required to match the allocation based on ability to pay rather. than the pre-set Statewide match ratio that currently exists and all .local match will be capped at 45%. Ms. Bean continued the. Act currently carries a "hold harmless provision which states no community will receive less than it spent in 1992 and the State .will pay #or any increases in required match due to the formula change for the first year and phase this provision out by July 1,1997. Ms. Bean stated this legislation is extremely important to the County because she believes in the future the County will see more inter-agenry funding and many future State allocations will require local match based on ability to pay. Ms. Bean continued it is her understanding that the "hold-harmless" provision may not be enacted and urged the County, seek support from its legislators to assure not only that u i ~i ~I 1 809 14 ~~..-3~~ ~' the."hold harmless" provision is left intact, but that it be enforced for as long a period as possible. Supervisor Cofer asked who determines the ability to pays Ms. Bean replied this is determined in Richmond and the formula is the same as was set a year ago for mental health/mental retardation. Supervisor Spady asked Ms. Bean which formula she would recommend to determine the amount of money the County receives. ' Ms. Bean stated regarding her caseloads, using AFDC is not a good :indicator for two reasons: (1) if the. local Social Services agency has a good employment services program, then the AFDC caseload is decreased and (2) when she looks at foster care, they are not. coming from households that would be eligible for AFDC, -they are coming from middle income households. Ms. Bean further stated it would appear to her that it would , benefit the County to look at an age category. Supervisor Spady asked if any County staff attended the July 29;1992 meeting of the Virginia Municipal League on this matter. i County Administrator Standish stated all communities are considering the current issues and- this is an effort on the .State's part to reduce their support and increase the locality's and he believes the best approach would be to put specific requests in the County's legislative portfolio to be presented at the 1993 session of the General Assembly. I Supervisor Spady stated he would recommend Ms. Bean and County Administrator Standish meet to discuss the best alternatives for the I County and recommend it to VACO as well as the. County's legislators. Ms. Bean stressed that the "hold harmless" clause should be looked at closely and that it not onl y be enacted, but be stretched for as long as it can. Ms. Bean then asked the County Attorney if there was a maximum amount i of time that a "hold harmless" clause can be enacted. County Attorney Crook replied this is not really a "hold harmless" clause because it is talking about the minimum amount of funding rather I than holding localities harmless from liability. Supervisor Spady moved the Board direct the County Administrator to develop a polity statement representing the County; pursue the matter I with VACO and anticipate placing it on the legislative priority list to be presented at the 1993 session of the General Assembly. The motion. passed . unanimously (5.0). Donald T. Robertson, Assistant to the County Administrator, stated -the issue of at-risk funding is a major issue because it will effect funding for :...alt localities within the State, as well as at•risk youths. 1VIr. Robertson further stated the July 29, 1992 meeting at the Virginia Municipal League raised questions which evolved around what wiU be the base line in terms t ~ ~ aa~K 1~ .-`3~Q of how the funding will be issued to the localities and what is being suggested is that each locality use the avenue of addressing this-issue with the local legislators who would be more effective in framing this legislation at this point than the County would be. Mr. Robertson continued the "hold harmless" provision is being used State wide at this point, but what is being requested is that the State not allow the funding level in any locality to drop below a specific level at some given year although those amounts and years have not been determined yet. Mr. Robertson stated what he will attempt to do is gather the suggestions and types of information so that the County can begin a policy statement for Isle of Wight~and present it to the members of the General Assembly who can support the issue. Mr. Robertson further stated there are some very significant carry over bills that will be coming up early in the 1993 General Assembly session, specifically the distribution of lottery funds to localities for which the County would like to see some provision made to have some percentage of these funds returned to the localities. Mr. Robertson stated Delegate Nelms is advocating a bill which would allow the use of E-911 funds for operational expenses in addition to capital expenses and finally, the Local Tax Equality Act of 1992 which requests equality State wide for a localit}~s authority or ability to tax. Mr. Robertson continued in terms of new legislation to be presented at the 1993 session the General Assembly, he would suggest a policy statement for at-risk youth and, in addition to the Local Tax Equality Act of 1992, there has been a lot of discussion about an inequity in terms of the ability to tax not only. between cities and counties, but also among counties. Mr. Robertson stated northern Virginia tends to be given a lot more authority to tax than southwest Virginia or southeast Virginia and there is a great disparity between their ability to create revenues within their localities. Supervisor Cofer stated under the taxing power, most counties do not have the same taxing power as cities and asked if cities under their charters have the right to adopt or enact an amusement. tax. County Attorney Crook replied you would. have to look at the individual city's charter, but the statute for amusement tax applies to both cities and counties. Supervisor Cofer stated he would like to have amusement taxes placed on the legislative priority list, not specifically to do one, but the right to do one at a later date if the County so desired. County Attorney Crook stated the statute specifies specific localities and what needs to be done now is to ask that Isle of Wight County be added to the statute. County Administrator Standish suggested the Board formally add two items to the legislative priority list, the amusement tax and support a change in the use of 911 monies for operating expenses which would allow the County more latitude in how the revenues can be used. Supervisor .Cofer moved that the Board direct the County Administrator to place an amusement tax on the legislative priority list to i~. T; ~ .` +,G-,. 90rK 14 ~a:~~U1 be presented to the 1993 session of the General Assembly. The motion passed unanimously (5-0). Supervisor Edwards moved to add to the legislative package a request to amend the State Code to allow E-911 revenues to be used for general operating expenses for counties. The motion passed unanimously (5-0). County Administrator Standish advised he would have a resolution prepared for the Board's September 3, 1992 meeting regarding the legislative priorities to be presented at the 1993 session of the General Assembly. Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE EIGHTY-NINE THOUSAND EIGHT- HUNDRED SIXTY-FOUR DOLLARS FROM THE FEDERAL GOVERNMENT FOR THE CHAPTER I SUMMER 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 amount of eighty-nine thousand eight hundred sixty-four dollars ($89,864) 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 IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that eighty- nine thousand eight hundred sixty-four dollars ($89,864} be appropriated to line item Chapter I Summer 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). Supervisor Edwards moved the Board adopt the following resolution: ~ RESOLUTION TO APPROPRIATE FOURTEEN THOUSAND DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR PERSONAL PROPERTY TAX .COLLECTIONS ~ WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved a Tax Collector position for delinquent personal ~ property tax collections; and, WHEREAS, the funds in the amount of fourteen thousand dollars ($14,000) need to be appropriated from the unappropriated fund balance to the Treasurer's Office Delinquent Tax Collections line item in the 1992.93 J ~~ BOQK 14 ~~.. 3~ 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 fourteen thousand dollars ($14,000) from the unappropriated fund balance be appropriated to the Treasurer's Office Delinquent Tax Collections line item in the 199293 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 and to do-all the things necessary to give this resolution effect. The motion passed unanimously (5-0). County Administrator Standish stated regarding the- status of the Windsor Volunteer Fire Department, if the Board had any questions on the outline of issues included in the. agenda, he would communicate same to Mayor Claud. County Administrator Standish further stated the Board should feel comfortable with the following suggestions before the project proceeds: 1. Bids due August 25, 1992; to be reviewed by architect for recommendation. 2. Town and County receives report from architect relative #o bids and recommendation.. 3. County participates In construction cost of facility, not to exceed $300,000. 4. Construction contract executed by Town of Windsor. 5. Any change orders during course of construction submitted to County for review and approval. 6. County payments direct to construction contractor based upon • architect's certification of same. Supervisor Bradshaw requested the County Attorney make sure the deed was in place before proceeding with any County payments. County Attorney Crook stated the deed should come back to the Hoard for approval and acceptance. County Administrator Standish stated the maintenance on the Poor House Farm radio tower site is on an as-needed basis and recommended the Board consider a maintenance agreement for afive-year period for routine maintenance to the tower. Supervisor Edwards .stated he did not have a problem with the . concept of a five-year maintenance agreement .but he did not recall the ~+ 1 1 ,: -, 1 eo~~n 14 ~ .-`36`~ matter being discussed by the Board prior to sending out Request For Bids. Supervisor Edwards then asked if this is the normal procedure to send out Request For Bids without the Board discussing the matter. County Administrator Standish replied he first wanted to determine the amount of cost before proceeding with discussing- the matter with the Board. Supervisor Edwards asked if other bids for projects have been put out before discussing it with. the Board. ' County Administrator Standish stated not at the present time and the Board could table the matter for a period of time for analysis. Supervisor Edwards stated he believed in the future any bids that go out should be brought before the Board for discussion because the wrong kind of language in the Request For Bids or Request For Proposals could end up binding the County. Supervisor Edwards moved the Board accept the low bid of Rainey & Son Tower Service in the amount of $4,700 to maintain the tower site for -. a five-year period. The motion passed unanimously (5-0). Supervisor Edwards suggested that the County not send out any Request for Bids above $1,000 without prior authorization from the Board. Supervisor Spady asked how many bids would fall within this perimeter of money. ` County Administrator Standish stated quite a few and he would recommend the amount of $5,000. County Administrator Standish further stated the Request For Bids needs to meet the Procurement Act and the Board needs to approve a low bid in the process and it may become cumbersome if it were a $1,000 limit. Supervisor Edwards stated he had recently seen two localities embarrass themselves by having the bid process away from the governing body which is why he suggested the Board be aware of these matters before any bids are put out and moved that the County not send out any Request for Bids above $2,500 without prior authorization from the Board. The motion passed unanimously (5-0). County Administrator Standish noted for the Board's information that $456,174 in delinquent taxes had been collected through the end of July, at a cost of $55,278 to the County, which represents approximately 12% of the amount collected. County Administrator Standish stated for the Board's consideration is a resolution recognizing Laura. Lynn Flattum as Miss Virginia. County Administrator Standish stated there wilt be a reception for her on Saturday at Gatling Pointe and that he would. recommend adoption of the resolution and that it be presented to her this Saturday. S ~. Supervisor Spady moved the Board adopt the following resolution and that it be presented to Miss Flattum at the ceremony to be held at Gatling Pointe on August 22,1992: RESOLUTION RECOGNIZING LAURA LYNN FLATTUM AS MISS VIRGINIA 1993 WHEREAS, Miss Laura Lynn Flattum is both a citizen and resident of Isle of Wight County; and, WHEREAS, she matriculated In and graduated .from Isle of Wight County Public Schools; and, WHEREAS, Laura Lynn Flattum was selected as Miss Virginia 1993 in addition to being selected as Miss Apple Blossom; and, WHEREAS, this honor epitomizes beauty, talent, intelligence and determination; and, WHEREAS, Miss Flattum will represent the .Commonwealth of Virginia, as well as Isle of Wight County, in the Miss America pageant to be held in Atlantic City, New Jersey on September 19,1992. BE IT THEREFORE RESOLVED that the Board of Supervisors of Isle of Wight County recognizes and congratulates Laura Lynn Flattum for her accomplishments and her selection as Miss Virginia 1993. BE IT FURTHER RESOLVED that the Board of Supervisors. extends its best wishes to Miss Flattum in her pursuit of the title of Miss America 1993. BE IT FURTHER RESOLVED that September 19, 1992 be designated as Laura Lynn Flattum Day in Isle of Wight County. The. motion passed unanimously (5-O). County Administrator Standish stated at the Board's previous meeting, the Board directed him to write the State Department of Historic Resources concerning the proposed Route 704 bridge improvement project at Jones Creek. County Administrator Standish then .presented the Board with a response that was just received as a result of this action. Supervisor Spady requested the County Administrator forward a rnpy of the correspondence to the VDOT Resident Engineer. // Chairman Bradby called for Old Business. There was no old business for discussion by the Board. // 1 1 ... 9onK 14 ~~~5 ~' Chairman Bradby called for New Business. Chairman Bradby stated the high grass along the highways is becoming increasing unsightly due to the State's reduction in grass mowing and suggested .the County take some initiative towards resolving this problem. Supervisor Edwards suggested directing the activities of the community service people to pickup trash in the winter and in the summer they can cut grass along the roadways. Supervisor Cofer asked what the County's liability is if the County ` uses County equipment, but goes on State property. County Attorney Crook stated the State would welcome this, but the -liability would remain with the County for broken windows and such. Supervisor Cofer stated he believed the County should put more pressure on the. State. Supervisor Bradshaw suggested the matter be taken up in Richmond with the legislators. Grace Keen stated the Beautification Committee has been struggling with grass cutting too. and that John R. Edwards, who the County does occasionally use for cutting grass, charges approximately $475 to cut the grass where the new trees in the County are planted. Mrs. Keen further stated she cuts the 1,000 feet in front of her home and she hopes this will- inspireother citizens to maintain their areas. Mrs. Keen continued VDOT is pleased to have citizens help with the maintenance along the roadways although the person cutting the area is responsible for liability.. Supervisor Spady requested the County Administrator contact County Administrators in other localities to determine what the local VDOT polity is regarding grass cutting in their. jurisdictions. Chairman Bradby expressed an interest in the County sponsoring a Veterans Recognition Day and stated he would be approaching the Board in the future to see what can be done for the County's veterans. Supervisor Edwards asked County Administrator Standish if the honorary plaque for the Public Safety Building has been ,ordered. County Administrator Standish stated the plaque has been designed for the Board's consideration and is still under consideration by the Board fore final design. Supervisor Edwards stated it has been pointed out to him that previous plaques contained the names of the Board of Supervisors' members as well as the Constitutional Officers. Supervisor Bradshaw requested that County Attorney Ccool~s name ,. i ~a~a 14 .~::~36~ ~' be placed on the plaque. Supervisor Edwards moved. the Board direct the County Administrator to add the names of the Constitutional Officers .and the County Attorney to the honorary plaque for the Public Safety Building. The motion passed unanimously (5-0). ~/ Chairman Bradby called for Appointments. There were no nominations for appointments by the Board. // Chairman Bradby called for approval of the July 16,1992 minutes. Upon recommendation of County Attorney Crook, Supervisor Cofer moved the Board adopt the July 16,1992 minutes of the Board. The motion passed unanimously (5-0). // i i~ County Attorney Crook requested an executive session under Section 2.1-344 A3 of the Freedom of Information Act for advise of counsel and staff concerning acquisition of property for public uses and under Section 2.1.344 A7 of the Freedom of Information Act for advise of counsel concerning potential and actual litigation. At 8:20 p.m. Supervisor Cofer moved the Board go into executive session for the reasons stated by County Attorney Crook .The motion passed unanimously (5-0). Upon returning to open session at 8:50 p.m. Supervisor Cofer moved the Board adopt the following resolution: CERTIFICATION OF EXECUTIVE. MEETING ~NHEREAS, 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 t"~e Virginia Freedom of Information Act; and, WHEREAS, 21-344.1A 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 u .: ~~ aaoK :~.~ •k.,~~j~? ~ 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 School Board to . pursue purchase of the Watson property adjoining the Windsor High School in the amount of $275,000 and that a resolution be brought back to the Board's September 3, 1992 meeting foc transfer of .funds. The motion passed unanimously (5-0). Supervisor Bradshaw moved the Board direct County Attorney Crook to more fully respond to the inquiry from the Southeastern Public Service Authority. The motion passed unanimously (5-0). Supervisor Bradshaw moved the Board authorize County Attorney Crook to engage the real estate appraiser to update his appraisal of the land the County is considering purchasing. The motion passed unanimously (5- 0). // At 8:50 p.m. Supervisor Cofer moved the Board adjourn. The motion passed unanimously (5-0). my H. Bradby, I , ~: 1