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February 05, 1979 to February 14, 197934 An Adjourned Meeting of the Frederick County Board of Supervisors was held on February 5, 1979, in the Winchester City Circuit Courtroom, Rouss City Hall, Winchester, Virginia. Board of Supervisors: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman; Will L. Owings; Kenneth Y. Stiles; and R. Thomas Malcolm. Winchester City Council: Stewart Bell, Mayor; George Garber; Effie Davis; William Shendow; Delmar Robinson; Donald Smallwood; Thomas Kremer; Charles Pine; and William Mote. Board of Supervisors: Dr. Raymond L. Fish. Winchester City Council: Richard Kern' Charles Zuckerman; S. Pannill Jones; and Ronald M. Gore. Joint Capital Facilities Committee: PRESENT: R. Thomas Malcolm; Roy Bayliss; Michael Foreman; Louise Speakman; Dabney Watts; Richard Dick; James Golladay; Esten Rudolph; and Lawrence R. Ambrogi. ABSENT: Dorothy Keckley; George Whitacre; and Carroll K. Mauck. Chairman S. Roger Koontz welcomed those present and delivered the invocation. Mayor Stewart Bell called the meeting to order and stated that the purpose of the meeting was for the Board of Supervisors and the Winchester City Council to receive a report from the Joint Capital Facilities Committee. Joint Capital Facilities Committee Co- Chairman Roy Bayliss made introductory remarks and expressed appreciation to the Committee and VVKR Partnership. Mr. Bayliss advised that the Committee had accomplished its purpose, i.e, determining feasibility regarding court and office facilities and would be available to do further study should the governing bodies so desire. Mr. Marlin Lord of VVKR Partnership reviewed the background and considerations involved in the study noting that the immediate concern was for court facilities. He reviewed the design concept for 1985 and subsequent periods noting existing and proposed buildings, parking, flood plains, costs and phasing. Mr. Stiles noted the cost of $80.00 per square foot for Court space and Mr. Lord stated that $60 to $100 was the range for such buildings including fees and contingencies; that the actual cost of construction was approximately $65 per square foot. Mr. Owings asked the reason for orientation of the Court building on Kent Street and Mr. Lord replied some of the reasons were traffic flow, flood plain considerations, movement of prisoners and design for an open pedestrian type plaza between City Hall and the Court building. Mr. Smallwood asked for square footage cost for the County Administration Building and Mr. Lord replied the cost would be $60 per square foot plus 27 %. Mr. Smallwood then asked why City Hall had not been considered for the court facilities with the administrative office space being built elsewhere. Mr. Lord stated that major renovations would be necessary to utilize City Hall for court facilities and that he had determined that cost effectiveness would dictate the alternative proposed. 35 Mr. Robinson stated that it would seem that the use of City Hall exclusively for Courts would be less costly and more feasible inasmuch as the lock -up, one clerk's office and one courtroom are already there. Mr. Lord replied that City Hall and the County Courthouse would provide only half the square footage necessary in the future for Courts up to the year 2000. Mr. Malcolm spoke to concerns expressed by the Committee in conjunction with Committee recommendations Items 1 through 6 as set forth below: 1. "BUILDING CONFIGURATION ON PROPOSED SITE ". Although locations are indicated on the design concept, these locations are subject to further discussion and change. • 2. "DETERMINATION OF WHICH STRUCTURES ARE TO BE BUILT AND SEQUENCE OF CONSTRUCTION ". It should be noted here that courts and their related facilities are our most pressing need. 3. "COST OF PROJECT ". Although the total cost over the recommended time span of the project seems feasible, funding mechanisms and formulas for sharing project costs of shared facilities need to be worked out. (Note that the courts and parking are the only proposed shared facilities). 4. "LAND COST AND DIVISIONS ". A method for the utilization of lands owned by the respective governments needs to be addressed. 5. "PARKING ". The report suggests that the Winchester Parking Authority should be considered as a vehicle for construction and operation of any new parking facility. A funding plan and necessary commitments • from the two localities to support this operation needs to be worked out. 6. "SPACE ALLOCATION ". A determination as to which departments of both localities will occupy the various proposed structures is subject to the determination of each governing body. Mr. Malcolm noted with emphasis the final paragraph of the recommendations: "The Committee recommends that the Board and Council take steps immediately to determine the direction to be followed with regard to facilities planning and construction due to the critical need for court and office facilities ". Mr. Koontz noted that the County and the City governing bodies were receiving the report for input. He and Mayor Bell thanked all those present for attending the meeting. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT • 11 THE BOARD OF SUPERVISORS DO NOW ADJOURN. 1 chai an B ardlof S .- SgpZretary, Board of Supervisors • 11 A Regular Meeting of the Frederick County Board of Supervisors was held on February 14, 1979, at 7:00 P.M. in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. 0 04Nk"t 614 "1 The invocation was delivered by Reverend James R. Jackson, of,the,First Presbyterian Church. II The Chairman called the meeting to order. I 'ry l l MPROVAL OF MINUTES Mr. Stiles stated that on Page 8 of the minutes of January 24, 1979, the appointment to the Road Names Committee should read "Claude Gore" and not "Charles Gore" The Board concurred with this correction. 36 Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the minutes of the Regular Meetings of this Board held on January 10, 1979 and January 24, 1979 as corrected. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION Request for Abandonment of Two Footbridges in Frederick County - Approved Mr. John Chiles, Resident Engineer of the Virginia Department of Highways and Transportation, appeared before the Board and requested the abandonment of two footbridges which are no longer in use in Frederick County. He presented slides of the bridges showing the deteriorated condition and stated that should the Board agree to said abandonment, advertisement for public hearing should be published and notices posted near and on the bridges. Upon motion made by Kenneth Y. Stiles and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the request of the Virginia Department of Highways and Transportation to abandon two footbridges located in Frederick County as presented by Mr. John Chiles and does direct the procedures for advertisement for public hearing of said abandonment be commenced and notices posted according to Highway Department Regulations in order that said abandonment might be accom- plished. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. Discussion of Fords and Low Water Bridges in Frederick County There was a brief discussion regarding fords and low water bridges in the County and Mr. Chiles advised that there are two ways to address this problem: (1) To improve the ford which does not last inasmuch as they are soon damaged by the weather; and (2) To build a major bridge. He further advised that the Highway Department had determined that traffic count and needs do not warrant bridges at these locations at the present time. Abandonment of a Portion of Route 740 at DeHaven Requested Upon motion made by Dr. Raymond L. Fish and seconded by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, (Virginia does herein request that procedures be commenced for the abandonment of a section of Route 740 at DeHaven. The above resolution was passed by the following recorded vote: Aye - I S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, JR. Thomas Malcolm, and Kenneth Y. Stiles. Snow.Removal Procedures Discussed There was a brief discussion regarding snow removal in the County and Mr. (Chiles explained that due to the fact that his manpower has been cut severely • L� • • • 37 to state mandate, they have been unable to clear the roads as quickly as they would like. He stated that Interstate 81 is the Number One Priority inasmuch as it is a Civil Defense Highway and would be kept open regardless of whether or primaries and secondaries are opened. for Additional Cross -over Off Route 522 North of Gainesboro Upon motion made by Dr. Raymond L. Fish and seconded by Kenneth Y. Stiles, B; IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia, does herein request the Virginia Department of Highways and Transportation to construct an additional cross -over off Route 522, north of Gainesboro in Frederick County, Virginia. r1he above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. 1EQUEST FOR INDUSTRIAL ACCESS ROAD FUNDS - FORT COLLIER INDUSTRIAL PARK - MBLE D Mr. Chiles stated that Mr. I. Fred Stine was requesting industrial access 1 i funds for another road in his industrial park and that he.would not recommend approval of this request inasmuch as he was opposed to the location and basic concept of the road as it was proposed by Mr. Stine. He stated that the Highway tment could build a road much more directly and cheaply than the one proposed; t the Highway Department had already built two roads in this park and this uld be a request for a third. Upon motion 'made by R. Thomas Malcolm and seconded by Kenneth Y. Stiles, EE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia, does herein table the request for industrial access funds of Fort Collier Industrial Park until such time as Mr. I. Fred Stine, developer of said park, can meet with Mr. John Chiles of the Highway Department, or the Board of Supervisors to work out a suitable solution to the location of the proposed road. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. RIBLIC HEARING: ZMAP #001 -79 - ARTHUR H. FULTON, ET UX - OPEQUON MAGISTERIAL DISTRICT - PPPROVED W. Berg presented the rezoning request of Arthur H.Fulton, et ux and • stated that the Planning Commission recommended approval of said request. Nt. Fulton appeared before the Board in support of this request and stated that he intended to use the entire tract of land within approximately five years and therefore would like the entire parcel rezoned at this time. There was no opposition. Mr. Koontz asked if this area had been planned for a truck terminal and Mr. Berg replied that it had not been planned as such in the Comprehensive Plan but that this business was in operation before the Comprehensive Plan was adopted. Mr. Owings stated that he had seen the Fulton Trucking Company develop and hoped they did not find it necessary to leave this territory because they could not expand their business? ant • Upon motion made by Will L. Owings and seconded by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following rezoning request, on third and final reading: ZMAP #001 -79 OF ARTHUR H. & DOROTHY H. FULTON, BOX 86, STEPHENS CITY, VIRGINIA, REQUESTING THAT 26.816 ACRES, AT THE SOUTHEAST CORNER OF THE INTERSECTION OF ROUTES 277 AND 636 NOW ZONED AGRICULTURAL - GENERAL DISTRICT (A -2) BE REZONED INDUSTRIAL - GENERAL DISTRICT (M -2). THESE PROPERTIES ARE DESIGNATED AS PROPERTY IDENTIFICATION NUMBERS 86(A)193, 86(A)194, AND 86(A)195 AND ARE IN THE OPEQUON MAGISTERIAL DISTRICT. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. SUBDIVISIONS: BURL CARPENTER, ET UX - GAINESBORO DISTRICT - APPROVED Mr. Berg presented the request for a two lot subdivision of Burl Carpenter, There was no opposition. Upon motion made by Dr. Raymond L. Fish, and seconded by Kenneth Y. Stiles, et ux and stated that the Planning Commission recommends approval of said request. BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, 111 Virgnia does herein approve the two lot subdivision request of Burl and June Carpenter fronting Fox Drive near its intersection with Route 522 in the Gainesboro Magisterial District. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. PLAT REVISION - SECTION II OPEQUON ESTATES - STONEWALL DISTRICT - APPROVED Mr. Berg presented the plat revision request for Opequon Estates, Section II stating that it would consist of a change in a lot line. Upon motion made by Kenneth Y. Stiles and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of-Frederick, Virginia does herein approve the plat revision to shift the line of Lot 4 of Opequon Estates, Section II, Stonewall Magisterial District as set forth on the plat "dated January 30, 1979. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. CONDI PERMIT #001 -79 - DEHAVEN - i • • Mr. Berg presented the request for conditional use permit of Robert S. DeHaven and stated that the Planning Commission recommended approval of said request. Mr. DeHaven appeared before the Board in support of his request and stated that he plans to operate a country general store on the property. There was no opposition. Upon motion made by Dr. Raymond L. Fish and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve Conditional Use Permit No. 001 -79 of Robert S. (DeHaven for a grocery store (country general store) 40 feet by 80 feet on his property fronting Route 522 North in Gainesboro Magisterial District. 39 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, JR. Thomas Malcolm, and Kenneth Y. Stiles. PRESENTATION - WVPT TELEVISION Mr. Bill Lawrence appeared before the Board representing WVPT Television 0 and requested that the Board consider in the next budget financial assistance for their station at a rate of 10¢ per person in the County. He then introduced Mr. Richard Parker who presented a brief background on the station and the service it renders to the area and stated that to date approximately one half of the surrounding jurisdictions have agreed to support their request for funding. Mr. Koontz thanked the WVPT representatives for their presentation and stated that their request would be considered during the Board's budget deliberations The Board recessed for ten minutes. FINANCE COMMITTEE RECOMMENDATIONS: Mr. Rosenberger presented the Finance Committee recommendations and the • following action was taken: T TO USE VOTING MACHINE FOR ELECTION AT JAMES WOOD HIGH .'ION - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by Kenneth Y. Stiles, BE IT RESOLVED, By the Frederick County Board of Supervisors that the following General Operating Fund appropriation transfer is hereby authorized in order to provide a voting machine to.the Student Cooperative Association of James Wood High School for their use in holding an election on March 6, 1979: Transfer From: 18- 18EO -299B Reserve for Contingencies $100.00 Transfer to: 18- 18EO -299A Other Expenses $100.00 The above resolution was passed by the following recorded vote: Aye - El S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. BUDGBrADJUSTMENTS - PARKS & RECREATION DEPARTMENT - LIGHTING OF BALL FIELD AT STEPHENS CITY PARK - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by Kenneth Y. Stiles, BE IT RESOLVED, By the Frederick County Board of Supervisors that the following • budget adjustment and appropriation transfer are hereby authorized in order that a lighting system may be installed on field number one in the Stephens City Park: General Revenue Fund Increase Revenue Estimates: 05 -7270 Recreation - Donations $3,000.00 General Operating Fund Increase Appropriations: 18- 18F6 -601B Improvements to Sites - Softball Lights $3,000,00 Transfer AooroDriations From: 18- 18EO -299B Reserve for Contingencies $11,500.00 To: 18- 18F6 -601B Improvements to Sites - Softball Lights 11,500.00 From: 18- 18F6 -601A Improvements to Sites 7,500.00 To: 18- 18F6 -601B Improvements to Sites - Softball Fields 7,500.00 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. A . ELAK-A APPROPRIATION TRANSFER FOR SALARY ADJUSTMENTS TO MINIMUM WAGE - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, that all employees of the Board are hereby authorized to receive compensation BE IT.RESOLVED, By the Board of Supervisors of Frederick County,-Virginia, equal to the minimum wage rate established by Congress; and, B; IT FURTHER RESOLVED, That the Following General Operating Fund appropriation transfer is hereby authorized to implement the above action: TRANSFER FROM 18- 18EO -299B Reserve for Contingencies $80.00 TRANSFER TO: 02- 02AO -110G Compensation of Clerk Typist I $80.00 BE IT FURTHER RESOLVED, That Constitutional Officers that have employees effected by this action.are hereby requested to request the Compensation Board to participate in the adjusted salary amounts.. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. APPLICATION FOR GRANT FOR REGIONAL JAIL PROJECT - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following Division of Justice and Crime Pre- vention application for grant funds: Regional Jail Project in the amount of $42,823 (Federal $38,544; State $2,142; Local $2,137) for the continuation of this project for a third year. Frederick County's share of the local cost will be $758.77; and, BE IT FURTHER RESOLVED, That an appropriation transfer in the amount of $758.77 is hereby authorized from the Reserve for Contingencies account to fund the County share of the Regional Jail Project. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Aill L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. AUDITOR OF PUBLIC ACCOUNTS TO BE REQUESTED TO CONDUCT ANNUAL AUDIT OF COUNTY RECORDS Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that the State Auditor of Public Accounts is hereby requested to conduct the annual audit of the records of Frederick County for the fiscal year ending June 30, 1979. The above resolution was passed by the following recorded vote: Aye - I S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. RAL TELEPHONE COMPANY OF THE SOUTHEAST NTARILY RELEASE GORE SERVICE AREA STED TO Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein direct that the County Administrator communicate with the General Telephone Company of'the Southeast to request that the service area in the Gore, Virginia are_(858 exchange) be voluntarily released to the C & P Telephone Company in order that all residents in the County might avoid long distance toll calls within the County. i 0 • C 1 41 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R, Thomas Malcolm, and Kenneth Y. Stiles. REQUEST FROM RESIDENTS OF "THE PINES SUBDIVISION" TO PROCEED WITH STREETLIGHTING - APPROVED Upon motion made by Kenneth Y. Stiles and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the request of the residents of "The Pines Sub- division" to proceed with streetlighting in said subdivision and does hereby authorize the County Administrator to execute the necessary contract with Potomac Edison Company to see that said project is accomplished. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. ST FOR MEETING WITH HEALTH DEPARTMENT IN THE NEAR FUTURE Mr. Stiles requested that a meeting be scheduled in the near future with representatives of the Health Department to discuss several problems which are being experienced in the County. The Board concurred and directed the County Administrator to contact the Health Department to arrange such a meeting. ST THAT THE BOARD ADDRESS THE CAPITAL FACILITIES COMMITTEE REPORT Mr. Stiles stated that he felt the Board should address the report of the Capital Facilities Committee in the near future. He further stated that he did not support the plan in full; that he felt the plan was one the County did not need and one we could not afford, but that the Board should address the report one way or the other. MEETING WITH FREDERICK COUNTY BOARD OF EDUCATION SCHEDULED FOR FEBRUARY 28, 1979 Mr. Stiles stated that in November the Board had asked for a meeting with the School Board to discuss construction of the new high school and he did not feel this was a casual invitation. He stated that it had now been four months and this meeting is still being delayed. Mr. Stiles stated that he felt the meeting had been put off long enough and he was not certain the Chairman has the prerogative to continually delay said meeting. He futher stated that he felt it was time for the Chairman to decide whether he chose to represent the people of Frederick County or cover up for his boss. Mr. Rosenberger advised that he had requested that this meeting not be held the second meeting in January inasmuch as he would not be in attendance at this meeting. Mr. Stiles stated that this meeting has been delayed consistently. Mr. Koontz advised the Board that a joint meeting with the Frederick County Board of Education has been scheduled for February 28, 1979, at 7:00 P.M. in the Board Meeting Room to discuss construction of the new high school. Mr. Owings advised that the School Board had advised him at their last meeting that they would have the final figures available at the meeting on February 28th. 42 CAPI -TAL FACILITIES COMMITTEE REPORT TO BE FORWARDED TO PLANNING COMMISSION FORACOMMENT d • _t r Following a brief discussion, the Board directed that the Capital Facilities Committee report be forwarded to the Planning Commission for review and comments. ENFORCEMENT OF COUNTY STICKER REGULATION REFERRED TO COMMITTEE ON LAW ENFORCEMENT AND COURTS FOR STUDY AND RECOMM ENDATION Mr. Malcolm stated that he had received a number of complaints from his constituents regarding County stickers; that it appears many people do not purchase said stickers and the citizens feel the regulation should be enforced so that all residents are treated fairly. He further stated that the County is losing revenue due to the fact that all citizens required to purchase said stickers are not doing so. He suggested that the Board work harmoniously with the Sheriff's Department to improve this situation. Following a brief discussion, this matter was referred to the Committee on Law Enforcement and Courts for study and recommendation.. CRITERIA FOR SELECTION OF SCHOOL BOARD MEMBERS ESTABLISHED Mr. Owings requested that some action be taken on the suggested criteria for selection of School Board members which he had presented to the Board in December. Mr. Stiles stated that he would move to amend Item 3 set forth in said criteria, "Be a resident in the district for at least five years immediately preceding the appointment" to a two year requirement. This motion was seconded by Will L. Owings and passed unanimously. Dr. Fish stated that he did not feel these criteria were necessary inasmuch as other appointments are left to the discretion of the supervisor and this method has proven most satisfactory; that he was afraid a very good, potential candidate might be ineligible for appointment because he did not meet one of these requirements although he fully met all the others. He further stated that he objected to Item 8 wherein candidates would have to be nominated by petition signed by 50 qualified voters. Mr. Malcolm stated that he felt the criteria would serve to inform the citizens of the type people the Board is seeking to serve on the School Board and that Item 8 had a logical place in said criteria and would allow for much greater public input than we now have. Mr. Stiles then moved to eliminate Item 8 from the suggested criteria. This motion died for lack of a second. Mr. Rosenberger stated that he too was concerned with Item 8 regarding the petition; that he felt the supervisor should submit his nomination to the Board in writing sixty days prior to said appointment. Dr. Fish then moved to table this matter for one month in order that further discussion might be had on same. This motion was seconded by Kenneth Y. Stiles and defeated by the following recorded vote: Aye - Dr. Raymond L. Fish, and Kenneth Y. Stiles. Nay - S. Roger Koontz, Thomas B. Rosenberger, Will L. Owings, and R. Thomas Malcolm. Mr. Stiles then moved to amend Section 8 to read "The supervisor shall submit to the Board, in writing, the name of his nominee thirty (30) days prior to appointment ". This motion was seconded by Thomas B. Rosenberger and defeated by 43 the following recorded vote: Aye - Thomas B. Rosenberger, Kenneth Y. Stiles and Dr. Raymond L. Fish. Nay - S. Roger Koontz, Will L. Owings, and R. Thomas Malcolm. Mr. Stiles asked if the individual Board members woul&'be bound by Item 8 regarding the petition should this be adopted by the Board and Mr. Ambrogi stated that he felt they would be bound but he would be willing to research the questions further should the Board so desire. Mr. Rosenberger stated that he felt the supervisor should have the right to • make his own nomination and that this was what the citizens were saying when they passed the referendum. Mr. Rosenberger then moved to amend Item 8 to read "The Supervisor, when a vacancy occurs in his district, shall be given the right to nominate his appointment to the School Board, and that this nomination shall be presented to the full Board sixty (60) days prior to the expiration date; further.that this nomination shall be presented publicly at a Regular Meeting of the Board and held over until the next Regular Meeting for action by the Board ". This motion was seconded by Kenneth Y. Stiles and passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Will L. Owings, and Kenneth Y. Stiles. Nay - Dr. Raymond L. Fish and R. Thomas Malcolm. Dr. Fish stated that he felt there was a potential conflict of interest inasmuch as two of the Board members, Mr. Koontz and Mr. Malcolm, are employed by the School Board. He then requested the Chairman to relinquish the Chair to the Vice Chairman and that both he and Mr. Malcolm abstain from voting on this issue. Mr. Koontz requested an opinion from the Commonwealth Attorney regarding • this request and Mr. Ambrogi stated that he could see no conflict in this particular matter. Mr. Malcolm stated that this matter had been alluded to many times and unless otherwise advised by the Commonwealth Attorney, he fully intended to vote on this issue. Mr. Koontz ruled that Dr. Fish' challenge was invalid. Mr. Stiles stated that he had been consistently questioned as to what pro- cedure he would follow in the selection of school board members when he advocated the referendum and he had stated those procedures and would abide by them. Upon motion made by Will L. Owings and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia does herein establish the following criteria for selection of members to the Frederick County Board of Education: CRITERIA FOR SELECTION OF FUTURE SCHOOL BOARD MEMBERS Minimum Requirements 1. The ability to read and write 2. Be a citizen of the United States 3. Be a resident in the district for a least two (2) years immediately preceding the appointment 4. Be at least 18 years old 5. Politics should not be considered in selecting a candidate 6. There should be no interest, directly or indirectly, in any contract with, or claim against the Board of Education. 7. No candidate will serve more than 2 consecutive terms. J. /, 8. The Supervisor, when a vacancy occurs in his district, shall be given the right to nominate his appointment to the School Board, and that this nomination shall be presented to the Full Board sixty (60) days prior to the expiration date; further that this nomination shall be presented publicly at a Regular Meeting of the Board and held over until the next Regular Meeting for action by the Board. Other Factors to be Considered The Candidate should: - Have a genuine interest in meeting the education needs, desires and aspirations of the county which should have been demonstrated through service in such organizations as the PTA, committee work or other civic organizations. Have personal integrity, intelligence, emotional stability and sound financial judgement. Always place the public's welfare ahead of personal ambition or interest. Be willing and capable of spending the time and assuming the responsibility) for decision making. Documentation of experience and expertise to meet each of the above will consist of no less than one or more than three letter from interested parties having personal knowledge of each criteria. All vacancies on the Frederick County School Board will be filled by candidates who most completely meet the above criteria. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Will L. Owings, and R. Thomas Malcolm. Nay - Kenneth Y. Stiles and Dr. Raymond L. Fish. OTHER BUSINESS Mr. Koontz stated that House Bills 599, 602 and 603 as originally proposed would have been of benefit to small counties such as Frederick, but due to amendments made to said bill, it would now expose said counties to annexation if passed. He stated that he intended to request the Governor to veto the bill or send it back to the House with his recommendations. Mr. Rosenberger stated that inasmuch as it becomes increasingly difficult each year to balance the budget, he was concerned as to how money is spent by the County. He asked how the booklet, recently published by the Sheriff's Department, and the pamphlets distributed to the checking stations during the hunting season had been paid for. Mr. Koontz stated that he would attempt to get an answer to this question MONTHLY STAFF REPORT - ACCEPTED After review, the monthly staff report was accepted. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. C cretary, Board of Supervisors • • • •