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February 28, 197945 A Regular Meeting of the Frederick County Board of Supervisors was held on February 28, 1979, in the Board-of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman; Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. M� ►iIiZ�7�S►P7 The Invocation was delivered by the Reverend Josiah Andrew, Retired of the Stephens City United Methodist Church. The Chairman called the meeting to order. APPROVAL OF MINUTES - DELAYED UNTIL NEXT MEETING El Upon motion made by Kenneth Y. Stiles, seconded by Dr. Raymond L. Fish, and passed unanimously, the approval of the minutes of the Regular Meeting of the Board held on February 14, 1979 was delayed until the next meeting in order that a correction to said minutes might be made. SITE PLAN NO. 002 -79 - NORTHWESTERN WORKSHOP INC. - STONEWALL DISTRICT - Mr. Berg presented the site plan of the Northwestern Workshop, Inc. and • explained the proposed location and use of the property. Mr. Stiles stated that under Chapter 22, Section 2.1 -348 of the Code, he had a conflict of interest and would not participate in this matter. There was a brief discussion regarding right -of -way and access roads to the property and Mr. Berg advised that additional right -of -way could be obtained when site plans are submitted for approval. He advised that the City had no objection to the use of Smithfield Avenue extended but had requested that this not be a through street. 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 hereby approve Site Plan No. 002 -79 of the Northwestern Workshop. Inc for an office and production building in the Fort Collier Industrial Estates in Stonewall 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, and R. Thomas Malcolm. Abstaining - Kenneth H. Stiles. CUP 003 -79 - INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE RS LOCAL 2335 - STONEWALL DISTRICT - APPROVED Mr. Berg presented the request for conditional use permit of the I.A.M.A.W. • Local 2335 and described the location and proposed use of the property. Mr. Stephen Spaid appeared before the Board representing the I.A.M.A.W. and stated that the building would be used for union meetings, the storage of records, etc.; that two meetings would be held on the same night so that those members working a second shift might be able to attend meetings. Mr. Spaid stated that when large general meetings are called they would be held in another location such as the Lee Jackson Facility. Parking accomodations were discussed and Mr. Spaid stated that they plan to stone an area which would accomodate approximately 40 cars. Mrs. Stiles stated that the people in this area are concerned about cars ng along Route 11 for these meetings. Mr. K000ntz asked Mr. Spaid if he understood that this would be a one year 45 A Regular Meeting of the Frederick County Board of Supervisors was held on February 28, 1979, in the Board-of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman; Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. M� ►iIiZ�7�S►P7 The Invocation was delivered by the Reverend Josiah Andrew, Retired of the Stephens City United Methodist Church. The Chairman called the meeting to order. APPROVAL OF MINUTES - DELAYED UNTIL NEXT MEETING El Upon motion made by Kenneth Y. Stiles, seconded by Dr. Raymond L. Fish, and passed unanimously, the approval of the minutes of the Regular Meeting of the Board held on February 14, 1979 was delayed until the next meeting in order that a correction to said minutes might be made. SITE PLAN NO. 002 -79 - NORTHWESTERN WORKSHOP INC. - STONEWALL DISTRICT - Mr. Berg presented the site plan of the Northwestern Workshop, Inc. and • explained the proposed location and use of the property. Mr. Stiles stated that under Chapter 22, Section 2.1 -348 of the Code, he had a conflict of interest and would not participate in this matter. There was a brief discussion regarding right -of -way and access roads to the property and Mr. Berg advised that additional right -of -way could be obtained when site plans are submitted for approval. He advised that the City had no objection to the use of Smithfield Avenue extended but had requested that this not be a through street. 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 hereby approve Site Plan No. 002 -79 of the Northwestern Workshop. Inc for an office and production building in the Fort Collier Industrial Estates in Stonewall 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, and R. Thomas Malcolm. Abstaining - Kenneth H. Stiles. CUP 003 -79 - INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE RS LOCAL 2335 - STONEWALL DISTRICT - APPROVED Mr. Berg presented the request for conditional use permit of the I.A.M.A.W. • Local 2335 and described the location and proposed use of the property. Mr. Stephen Spaid appeared before the Board representing the I.A.M.A.W. and stated that the building would be used for union meetings, the storage of records, etc.; that two meetings would be held on the same night so that those members working a second shift might be able to attend meetings. Mr. Spaid stated that when large general meetings are called they would be held in another location such as the Lee Jackson Facility. Parking accomodations were discussed and Mr. Spaid stated that they plan to stone an area which would accomodate approximately 40 cars. Mrs. Stiles stated that the people in this area are concerned about cars ng along Route 11 for these meetings. Mr. K000ntz asked Mr. Spaid if he understood that this would be a one year i. • permit which could be withdrawn should there be a violation of said permit and Mr. Spaid stated that he understood this. Dr. Fish stated that the permit would actually be for less than one year as current Board policy dictates that conditional use permits be reviewed in January of each year and Mr. Spaid stated that he would accept this. Mr. Rosenberger moved to amend the application for conditional use permit to include the conditions that this be a one year permit with no parking being allowed on Route 11 and a limit of 50 people and passed unanimously This motion was seconded by Kenneth Y. Stiles Following a brief discussion regarding the size of the parking area, Mr. Berg advised that the Board could request a site plan and this matter could be addressed at this time. Thereupon Mr. Stiles moved to amend the conditional use permit application of the I.A.M.A.W. to include the following conditions: (1) that the permit be a one (1) year permit, subject to review in January 1980; (2) that attendance at meetings be limited to sixty (60) people; (3) that a site plan be submitted before occupancy of the premises; and (4) that no signs will be permitted facing I -81. This motion was seconded by Thomas B. Rosenberger and passed unanimously. Upon motion made by Kenneth Y. Stiles and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve Conditional Use Permit #003 -79 for the International Association of Machinists and Aerospace Workers, Local 2335 for a union hall fronting Route 11 North in Stonewall Magisterial District with the following conditions: 1. The permit shall be a one year permit subject to review in January 1980 2. Attendance at meetings shall be limited to sixty (60) people 3. A site plan shall be submitted before occupancy of the premises 4. No signs will be permitted facing Interstate 81 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. CUP #004 -79 - ESTON L. KEELER - STONEWALL DISTRICT - APPROVED Mr. Berg presented the request for conditional use permit of Eston L. Keeler and stated that the Planning Commission recommended approval of a one year permit. Mr. Stiles stated that he had talked with the people in this area and there were no objections. He stated that he felt all parties concerned should be aware of the fact that should traffic increase considerably due to this business, some- thing would have to be done with the right -of -way. He further stated that he felt there was sufficient parking area for this proposed business. Mr. & Mrs. Keeler appeared before the Board in support of their application. Mr. Rosenberger advised that the roadway was discussed by the Planning Commission and Mr. Keeler had agreed to bear more of the cost of maintaining this road should it become necessary because of his business. Mr. Keeler stated that this was correct and that he would absorb the cost if he felt he was using the road more than any of the other houses located thereon. He further stated that he plans to erect only two signs, one at the beginning of the right -of -way and the other at the entrance to his property. • • • • i. • permit which could be withdrawn should there be a violation of said permit and Mr. Spaid stated that he understood this. Dr. Fish stated that the permit would actually be for less than one year as current Board policy dictates that conditional use permits be reviewed in January of each year and Mr. Spaid stated that he would accept this. Mr. Rosenberger moved to amend the application for conditional use permit to include the conditions that this be a one year permit with no parking being allowed on Route 11 and a limit of 50 people and passed unanimously This motion was seconded by Kenneth Y. Stiles Following a brief discussion regarding the size of the parking area, Mr. Berg advised that the Board could request a site plan and this matter could be addressed at this time. Thereupon Mr. Stiles moved to amend the conditional use permit application of the I.A.M.A.W. to include the following conditions: (1) that the permit be a one (1) year permit, subject to review in January 1980; (2) that attendance at meetings be limited to sixty (60) people; (3) that a site plan be submitted before occupancy of the premises; and (4) that no signs will be permitted facing I -81. This motion was seconded by Thomas B. Rosenberger and passed unanimously. Upon motion made by Kenneth Y. Stiles and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve Conditional Use Permit #003 -79 for the International Association of Machinists and Aerospace Workers, Local 2335 for a union hall fronting Route 11 North in Stonewall Magisterial District with the following conditions: 1. The permit shall be a one year permit subject to review in January 1980 2. Attendance at meetings shall be limited to sixty (60) people 3. A site plan shall be submitted before occupancy of the premises 4. No signs will be permitted facing Interstate 81 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. CUP #004 -79 - ESTON L. KEELER - STONEWALL DISTRICT - APPROVED Mr. Berg presented the request for conditional use permit of Eston L. Keeler and stated that the Planning Commission recommended approval of a one year permit. Mr. Stiles stated that he had talked with the people in this area and there were no objections. He stated that he felt all parties concerned should be aware of the fact that should traffic increase considerably due to this business, some- thing would have to be done with the right -of -way. He further stated that he felt there was sufficient parking area for this proposed business. Mr. & Mrs. Keeler appeared before the Board in support of their application. Mr. Rosenberger advised that the roadway was discussed by the Planning Commission and Mr. Keeler had agreed to bear more of the cost of maintaining this road should it become necessary because of his business. Mr. Keeler stated that this was correct and that he would absorb the cost if he felt he was using the road more than any of the other houses located thereon. He further stated that he plans to erect only two signs, one at the beginning of the right -of -way and the other at the entrance to his property. • • • • WA Mr. Stiles moved to amend the permit to read that said permit shall be non - transperable. This motion was seconded by Will L. Owings and passed unanimously. Upon motion made by Kenneth Y. Stiles and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve Conditional Use Permit #004 -79 of Eston L. Keeler to operate an antique and fift shop on his property on Route 672 in Stonewall Magisterial District with the conditions that this permit shall be a one year permit and shall be non - transferable. The above resolution was passed by the following recorded vote: Aye - E S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. CUP #002 -79 - ALVAH HARDING LONG - SHAWNEE DISTRICT —TABLED Mr. Berg advised that the applicant had requested that his application for • conditional use permit be tabled until the April meeting of the Board. i Upon motion made by R. Thomas Malcolm and seconded by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein table CUP #002 -79 of Alvah Harding Long as requested by the applicant until the April meeting of the Board of Supervisors. 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. The Board recessed for ten minutes. FREDERICK COUNTY SCHOOL BOARD REQUEST FOR ADDITIONAL FUNDING FOR NEW SENIOR HIGH SCHOOL - TABLED UNTIL MARCH 14, 1979 MEETING Mr. Robert E. Aylor, Vice Chairman of the Frederick County School Board, • appeared before the Board in the absence of Chairman John Solenberger and stated that additional funding would be necessary to complete the new senior high school. Mr. Aylor asked Dr. Wright if he would address the Board regarding this matter. Mr. Stiles stated that he felt Mr. Aylor should make the presentation and Chairman Koontz advised that it was Mr. Aylor's prerogative to have someone else make the presentation Dr. Wright appeared before the Board and stated that the construction manager, • Howard Shockey,. would present to both Boards his guaranteed estimate of the cost of the new senior Nigh school. He stated that the School Board would request the Board of Supervisor's to give careful consideration to additional funding to bring the building to a level where it can be effectively used until such time as the entire facility can be completed as funds become available. Dr. Wright then introduced Mr. Howard Shockey who appeared before the Board and stated that they had prepared final costs based on plans prepared for the project and even though they are not 1008 complete they were familiar with the project and what will be necessary to complete it. He stated that the following figures cover the completed project and will not be changed or updated for this particular project. I Mr. Shockey then presented the following figures: 47 Mr. Stiles moved to amend the permit to read that said permit shall be non- transperable. This motion was seconded by will L. Owings and passed unanimously. I Upon motion made by Kenneth Y. Stiles and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve Conditional Use Permit #004-79 of Eston L. Keeler to operate an antique and fift shop o~ his property on Route 672 in Stonewall Magisterial District with the conditions that this permit shall be a one year permit and shall be non-transferable. 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. CUP #002-79 -ALVAH HARDING LONG - SHAWNEE DISTRICT -,TABLED Mr. Berg advised that the applicant had requested that his application for conditional use permit be tabled until the April meeting of the Board. , I Upon motion made by R. Thomas Malcolm and seconded by Kenneth Y. Stiles, I BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein table CUP #002-79 of Alvah Harding Long as requested by the , applicant until the April meeting of the Board of Supervisors. . 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. The Board recessed for ten minutes. FREDERICK COUNTY SCHOOL BOARD REQUEST FOR ADDITIONAL FUNDING FOR NEW SENIOR HIGH SCHOOL - TABLED UNTIL MARCH 14, 1979 MEETING Mr. Robert E. Aylor, Vice Chairman of the Frederick County School Board, appeared before the Board in the absence of Chairman John Solenberger and stated that additional funding would be necessary to complete the new senior high school. Mr. Aylor asked Dr. Wright if he would address the Board regarding this matter. . Mr. Stiles stated that he felt Mr. Aylor should make the presentation and I Chairman Koontz advised that it was Mr. Aylor's prerogative to have someone else make the presentation Dr. Wright appeared before the Board and stated that the construction manager, Howard Shockey, would present to both Boards his guaranteed estimate of the cost of the new senior high school. He stated that the School Board would request the Board of Supervisors to give careful consideration to additional funding to bring the building to a level where it can be effectively used until such time as . the entire facility can be completed as funds become available. Dr. Wright then introduced Mr. Howard Shockey who appeared before the Board and stated that they had prepared final costs based on plans prepared for the project and even though they are not 100% complete they were familiar with the project and what will be necessary to complete it. He stated that the following figures cover the completed project and will not be changed or updated for this particular project. I Mr. Shockey then presented the following figures: 48 JAMES WOOD HIGH SCHOOL - APPLE PIE RIDGE CAMPUS construction Cost $7,248,654 Contingency 300,000 I *Guaranteed Maximum Cost For Construction $7,548,654 Architect & Engineer Fee $ 362,433 School Equipment Allowance 750,000 TOTAL $8,661,087 *This Guaranteed Maximum Cost for Construction is based on plans and other criteria that will provide for a complete structure as currently illustrated as well as primary roads, a secondary access road, and student parking. . To eliminate the Auxiliary Gymnasium from the structure, deduct One Hundred Sixty-Five Thousand One Hundred Sixty- Three Dollars - 165,163 $8,495,924 To eliminate the Auditorium from the structure, deduct Three Hundred Sixty-TwO Thousand Five Hundred Eight- Eight Dollars - 362,588 $8,133,336 I To perform necessary grading to provide areas where out- door physical education activities may take place, add Four Hundred Four Thousand One Hundred Sixty-Six Dollars ($404,166.00) . Mr. Shockey stated that he felt the bids that had been received had been excellent and many were last year's prices but that the contractors cannot hold them much longer. He stated that these are total amounts of the project and there would be no surprises at a later date. Mr. Rosenberger asked if the auxiliary gym and auditorium were deleted at this time and built perhaps two or three years later, what the difference in the cost would be and Mr. Shockey replied that it would cost approximately three times as much. Mr. Stiles asked if the $404,166 figure would put this area into useable . condition and Mr. Shockey replied it would not include the stadium, bleachers, or the surfacing of tennis courts; that it would include a cinder track and would I be useable as a practice field for football and baseball. Dr. Wright stated that he felt interscholastic competitions would probably be held at the current facilities until such time as the new facilities can be built. He stated that the Board of Education would like to work with the County Parks and Recreation Department in the development of the tennis courts and other facilities inasmuch as they share in the use of these facilities to provide . community recreational programs. He advsied that through working with the Parks and Recreation Commission a grant may be possible. Mr.. Stiles asked if the school would meet accreditation status if the outdoor facilities were omitted and Dr. Wright stated that he did not feel it would affect the accreditation of the school but would be a drawback to the overall program. Dr. Fish asked what the loss would be should the Board see fit to abandon I the project at this point and Mr. Shockey stated that it would be a sizable amount but he could not give a definite figure inasmuch as he would have to determine how far along the contractors are. He presented some of the costs and the amount of some of the bids which had been awarded. Mr. Shockey estimated that the approximate loss should the project be abandoned at this time would 48 JAMES WOOD HIGH SCHOOL - APPLE PIE RIDGE CAMPUS construction Cost $7,248,654 Contingency 300,000 I *Guaranteed Maximum Cost For Construction $7,548,654 Architect & Engineer Fee $ 362,433 School Equipment Allowance 750,000 TOTAL $8,661,087 *This Guaranteed Maximum Cost for Construction is based on plans and other criteria that will provide for a complete structure as currently illustrated as well as primary roads, a secondary access road, and student parking. . To eliminate the Auxiliary Gymnasium from the structure, deduct One Hundred Sixty-Five Thousand One Hundred Sixty- Three Dollars - 165,163 $8,495,924 To eliminate the Auditorium from the structure, deduct Three Hundred Sixty-TwO Thousand Five Hundred Eight- Eight Dollars - 362,588 $8,133,336 I To perform necessary grading to provide areas where out- door physical education activities may take place, add Four Hundred Four Thousand One Hundred Sixty-Six Dollars ($404,166.00) . Mr. Shockey stated that he felt the bids that had been received had been excellent and many were last year's prices but that the contractors cannot hold them much longer. He stated that these are total amounts of the project and there would be no surprises at a later date. Mr. Rosenberger asked if the auxiliary gym and auditorium were deleted at this time and built perhaps two or three years later, what the difference in the cost would be and Mr. Shockey replied that it would cost approximately three times as much. Mr. Stiles asked if the $404,166 figure would put this area into useable . condition and Mr. Shockey replied it would not include the stadium, bleachers, or the surfacing of tennis courts; that it would include a cinder track and would I be useable as a practice field for football and baseball. Dr. Wright stated that he felt interscholastic competitions would probably be held at the current facilities until such time as the new facilities can be built. He stated that the Board of Education would like to work with the County Parks and Recreation Department in the development of the tennis courts and other facilities inasmuch as they share in the use of these facilities to provide . community recreational programs. He advsied that through working with the Parks and Recreation Commission a grant may be possible. Mr.. Stiles asked if the school would meet accreditation status if the outdoor facilities were omitted and Dr. Wright stated that he did not feel it would affect the accreditation of the school but would be a drawback to the overall program. Dr. Fish asked what the loss would be should the Board see fit to abandon I the project at this point and Mr. Shockey stated that it would be a sizable amount but he could not give a definite figure inasmuch as he would have to determine how far along the contractors are. He presented some of the costs and the amount of some of the bids which had been awarded. Mr. Shockey estimated that the approximate loss should the project be abandoned at this time would 49 . be l~ million dollars. He urged that some other alternative be studied other than abandonment and stated that the current project contains the minimum requirements for this project. He stated that they had saved $200,000 to $300,000 on the project and to start over it would cost a lot more. Mr. Stiles asked Mr. Shockey what he meant by guaranteed maximum cost and Mr. Shockey replied that this figure carried the company signature and is bonded to cover any overrun of said figure. Mr. Stiles asked what would happen to thecDntingency should the construction cost be less than anticipated and Mr. Shockey stated that this would be returned and his firm felt very confident with the figure they had projected. Mr. Stiles asked how much per square foot the school would cost at the current figures and Mr. Shockey stated the cost would be $37.96 per square foot. The auxiliary gym was discussed and Mr. Stiles asked how much it would cost to move the walls to enlarge the gym and Mr. Shockey stated that this would present. a problem-i~asmuch~it would involve roads and grading and could cost a sizable amount. Mr. Stiles asked what the capacity of the school would be and Dr. Wright replied 1,350 to 1,400 students. Mr. Rosenberger stated that the Board had not yet begun detailed work on the budget and he asked what the timetable was the School Board was working under as far as the bidding was concerned should the Board decide to delete the gym and auditorium. Mr. Shockey replied that they should have an answer from the Board within 30 to 60 days and that should these facilities be added at a later date, they would cost a lot more. He advised that the contractors would only hold their bids for a certain ~ount of time. Dr. Wright advised that the masonry bid could be held until March 7th at which time a decision must be made inasmuch as he did not feel a bid at this level would be forthcoming should it have to be rebid. Mr. Shockey advised that the bidder may grant an extension should he be requested to do so. Mr. Stiles ask~d what direction the construction manager would take should the Board deny additional funding for the project and Mr. Shockey replied they would have to :.met with the School Board to receive instructions. Mr. Stiles then asked how bids had been awarded when the project costs will approach 9 million dollars and only 7~ million dollars has been approved. Mr. Shockey replied that bids had been awarded based on instructions by the School Board. Mr. Stiles asked Mr. Aylor why the bids were awarded when the School Board knew they did not have enough money to complete the project and Mr. Aylor stated that the bids were within the money available. Dr. Wright stated that_the Board of Supervisors had authorized 7.5 million dollars for .this building and that for several months it had been known that the project could not be completed for that amount. He stated that the bids have been let on the basis that we will build as much as we can for 7.5 million dollars x -I I . . 1 . I 49 . be l~ million dollars. He urged that some other alternative be studied other than abandonment and stated that the current project contains the minimum requirements for this project. He stated that they had saved $200,000 to $300,000 on the project and to start over it would cost a lot more. Mr. Stiles asked Mr. Shockey what he meant by guaranteed maximum cost and Mr. Shockey replied that this figure carried the company signature and is bonded to cover any overrun of said figure. Mr. Stiles asked what would happen to thecDntingency should the construction cost be less than anticipated and Mr. Shockey stated that this would be returned and his firm felt very confident with the figure they had projected. Mr. Stiles asked how much per square foot the school would cost at the current figures and Mr. Shockey stated the cost would be $37.96 per square foot. The auxiliary gym was discussed and Mr. Stiles asked how much it would cost to move the walls to enlarge the gym and Mr. Shockey stated that this would present. a problem-i~asmuch~it would involve roads and grading and could cost a sizable amount. Mr. Stiles asked what the capacity of the school would be and Dr. Wright replied 1,350 to 1,400 students. Mr. Rosenberger stated that the Board had not yet begun detailed work on the budget and he asked what the timetable was the School Board was working under as far as the bidding was concerned should the Board decide to delete the gym and auditorium. Mr. Shockey replied that they should have an answer from the Board within 30 to 60 days and that should these facilities be added at a later date, they would cost a lot more. He advised that the contractors would only hold their bids for a certain ~ount of time. Dr. Wright advised that the masonry bid could be held until March 7th at which time a decision must be made inasmuch as he did not feel a bid at this level would be forthcoming should it have to be rebid. Mr. Shockey advised that the bidder may grant an extension should he be requested to do so. Mr. Stiles ask~d what direction the construction manager would take should the Board deny additional funding for the project and Mr. Shockey replied they would have to :.met with the School Board to receive instructions. Mr. Stiles then asked how bids had been awarded when the project costs will approach 9 million dollars and only 7~ million dollars has been approved. Mr. Shockey replied that bids had been awarded based on instructions by the School Board. Mr. Stiles asked Mr. Aylor why the bids were awarded when the School Board knew they did not have enough money to complete the project and Mr. Aylor stated that the bids were within the money available. Dr. Wright stated that_the Board of Supervisors had authorized 7.5 million dollars for .this building and that for several months it had been known that the project could not be completed for that amount. He stated that the bids have been let on the basis that we will build as much as we can for 7.5 million dollars x -I I . . 1 . I 50 to accomodate the students and an educational program and complete the project. at such time as the money is available. He stated that it would cost the people a great deal more to delay the completion of the project until a later date. He further stated that should the School Board have to remain within the 7.5 million ,dollar figure, the building would have to be reduced inside and many parts left unfinished as well as delaying some of the equipment. Dr. Wright advised that experience over the past fifteen years indicates that to go back several years after a project is completed and add on to it costs a great deal more. Mr. Stiles asked Dr. Wright why the School Board had not come back to the Board of Supervisors when they realized the building could not be completed for the approved funds. Mr. Koontz stated that he would rather not get into this line of discussion and Mr. Stiles stated that he felt it was totally appropriate; that he had raised this question on June 28th and Mr. Koontz had indicated that the school board had 7~ million dollars and would build the school for that amount and now we are getting a request for an additional l~ million dollars. Mr. Koontz stated that he felt that was the question at this point; whether or not more funds would be approved for this project.- Mr. Malcolm asked what the average infla.tion:, percentage had been over the past two or three years in the contruction industry based on professional experience and knowledge and Mr. Shockey stated that it had varied from 7% to 10% per year. He stated that if materials were purchased now rather than July or August, a 10% savings might be realized. Mr. Malcolm asked if there was any indication that the building industry would. level off over the next three (3) years and Mr. Shockey stated that all indications are that inflation will continue and could not see any downtrend. Dr. Fish asked why the additional funds were necessary if the bids had been considerably less than expected and Mr. Shockey replied that the original estimate was based not on plans but schematic drawings, and other factors have contributed to the increased price such as the 10" water main arid the required fire- hydrants and other requirements set forth by the State. He stated that these things had unfolded as the project developed. Dr. Wright cited other school projects in the area and their cost stating that the construction method we are using has helped to hold the cost of the project down. Mr. Shockey stated that they had worked all the way through the project with architects and designers to make many changes in order to make this the most eco- nomical project but still perform and give quality. The amount of square footage per pupil was discussed and Mr. Stiles stated that the current plans provide 147 square feet per student and this represents a 15% increase over the previous plan for which he could see no justification. He advised that a representative of the State Board of Education had advised him that 125 square feet was sufficient and being used in the smallest as well as the largest schools and that when you get under 125 square feet you need to ask if the facility adequate and over 125 square feet you need to ask are you wasting space. He stated that people who will work in the school have expressed a need for adequate space. Dr. Wright stated that this representative was just giving statistics and not 1 . I . . I . I 51 I planning this school; that to cut down on square footage would mean elimination of certain facilities. He advised that there had been more input and planning from teachers on this school than any other ever built in the County. He further stated that the plans for this school had been approved by the State Department Mr. Stiles had talked with. Dr. Fish stated that it had been, the policy of the Board to refer financial matters to the Finance Committee for study and recommendation and due to the fact that this was the largest the Board has had to deal with, he would move that this matter be tabled for thirty days so that it might be referred to the Finance . -__. Committee for consideration. This motion was seconded by Thomas B. Rosenberger and defeated by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, and S. Roger Koontz. Nay - Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. Dr. Wright stated that the School Board would meet March 6th and must reach a decision on the masonry bid should an extension not be granted by_the bidder. The Board discussed at length the soonest possible date for another joint meeting with the School Board to make a decision on this request for additional funding. Mr. Owings stated that he did not feel postponing the matter would make any difference and he was opposed to the children in the County being penalized. Mr. Malcolm then moved to table the matter until March 5, 1979 at 9:00 P.M This motion was seconded by Will L. Owings and passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, R. Thomas Malcolm, and Kenneth _Yo Stiles. Nay - Dr. Raymond L. Fish and Thomas B. Rosenberger. Mr. Rosenberger' and Dr. Fish stated that they felt the Board needed more than a couple of days to consider the matter. Mr. Shockey stated that he felt an ex- tension could be gotten on the masonry bid. Thereupon Mr. Stiles moved to rescind the previous motion to table the matter until March 5, 1979. This motion was seconded by R. Thomas Malcolm and passed unanimously. Mr. Stiles then moved to table the request of the School Board for additional funding for the new senior high school until the next regular meeting of the Board scheduled for March 14, 1979. This motion was seconded by R. Thomas Malcolm and passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger Dr. Ryamond L. Fish, will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. Mr. Stiles requested that the School Board attend the meeting on March 14, 1979 in case there are additional questions regarding this matter with no letters this time; he further requested that Mr. Shockey attend the meeting and that pUblic comment be taken on this matter at this time. Mr. Sam Lehman asked what it meant to delete the auxiliary gym and auditorium and Mr. Shockey replied that it meant delete them in their entirety. Mr. Lehman asked if the $404,166 amount for athletic facilities would include parking and Mr. Shockey stated that all the basic parking is in the base plan and there would be some additional roads and facilities in the athletic portion which would be included in this amount. . I . . I . I 52 Mr. Lehman asked if this would include landscaping and Mr. Shockey stated that it would include seeding. Mr. Stiles stated that he felt that sometime in the near future and before the School Board takes any action to purchase land in Middletown, that a thorough discussion of the proposed Middletown School was in order. Mr. Stiles further stated that he felt the fact that we have been waiting four months for this meeting and the date it is finally set is a date when the Chairman of the School Board cannot be here was inexcusable. Mr. Koontz stated that the Board would try to have input on the Middletown School as far as the purchase of land is concerned. He thanked Mr. Shockey, Dr. Wright and the School Board members for their participation in the meeting. COUNTY ADMINISTRATOR AUTHORIZED TO APPLY FOR PARTICIPATION IN UPCOMING VPSA BOND SALE Dr. Wright stated that another VPSA bond issue would be held in early April. He stated that the Board must instruct Mr. J. O. Renalds, County Administrator as to whether or not the County might want to apply for funding in this bond issue. He stated that the Board would have the right to either accept or reject the interest rate at the time of the bond sale. 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 instruct the County Administrator to proceed as necessary in order for the County to participate in the upcoming bond issue in April to apply for funding for the new senior high school. The above resolution was passed by the following recorded vote: Aye- . S. ~. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, Thomas Malcolm, and Kenneth Y. Stiles. BUDGET PREPARATION PROCEDURE DISCUSSED Mr. Rosenberger presented a proposed new method for preparation of the budget. He requested that the procedure be reversed, i.e., instead of asking the department I heads what they wanted, the Board would tell them what we can afford. He stated Fhat this procedure would be different because the Board would have to work on one item at the first budg~meeting, salaries and personnel; they would then give rhe budget to Mr. Renalds, who works with the departments daily. He advised that during this period, Mr. Renalds would be consulting with the Board as he works to I balance the budget and after this is completed, the Board would have several options LUCh as changing priorities, contingencies, surplus, etc. l Dr. Fish stated that he felt this might save a lot of time in work sessions nd hashing over line items. l Mr. Malcolm stated that the Finance Committee had met on February 22nd and ormulated recommendations for the Board and then on the agenda it was set forth I ihat a budqet preparation procedure would be presented which was not covered in Fhe Finance Committee recommendations. He asked why the recorr~endation-, which had been covered in the Winchester Eveninq Star, was not included in the Agenda I but had been released to the qeneral public. I . I . . . I . I Mr. Rosenberger apologized for the manner in which the procedure was formulated but stated that he' had requested the County Administrator to draft a statement of I the Finance Committee's recommendation for consideration. Mr. Malcolm stated that he would prefer that this matter be tabled until the proposal can be drafted intowritinq and presented to the Board members for study , '-, and consideration before any action is taken. Mr. Koontz requested the County Administrator to draft the proposal into writin and forward it to each Board member so that any comments the Board members might have could be sent: to him. He advised that if none of the Board members are . violently opposed to the proposal and it meets with their general approval, the budget preparation would proceed in this direction. The Board concurred. FINANCE COMMITTEE RECOMMENDATIONS: Mr. Rosenberger presented the Finance Committee recommendations and the following action was taken: I BUDGET TRANSFER $24,000 TO PURCHASE FOUR SHERIFF'S DEPARTMENT CRUISERS - APPROVED 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 approve a budget transfer in the amount of $24,000. from Reserve Contingencies to the Frederick County Sheriff's Department budget in order to purchase four (4) Sheriff's Department cruisers. The above re~olution 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. GRANT APPLICATION - FREDERICK COUNTY GENERAL DISTRICT COURT - APPROVED Dr. Fish presented the recommendation for approval of the grant application of . the Frederick County General District Court to continue the pre trtal diversion program for another year. Mr. Renalds explained briefly the program and its I Objectives. Mr. Stiles stated that he had understood that the Board would receive a report as to how well this program is working and to date no such report has been submitted. He then moved to table this request until a report is submitted to the Board setting forth how the program is working. This motion died for lack of a second. There followed a brief discussion regarding the operation of the program and its effectiveness in the communiwand Mr. Stiles requested that a representative . appear before the Board to present a report on said program. Mr. Koontz requested the County Administrator to contact Mr. Charles Miller, Director of the Division of Court Services ,and request that he appear before the Board at their meeting on March 14, 1979, to present a report on the pre trial diversion program. Upon motion made by Dr. Raymond L. Fish and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, 'I Virginia, does herein approve the grant application of the Frederick County General District Court in the total amount of $25,361 (Federal $22,825; State $1,268; and Local $1,268) for the continuation of a program to establish pre trail diversion for selected misdemeanant offenders. ,"53 It " -5-4 The above resolution was passed by the following recorded vote: Aye- S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish and R. Thomas Malcolm. Nay - Will L. Owings and Kenneth Y. Stiles. BUDGET TRANSFER - $2100 - GENERAL REGISTRAR - APPROVED I 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 approve the following budget transfer for extra help as requested by the General Registrar: TRANSFER FROM: 13-13AO-1l2A Compensation for Election Officials $2,100 TRANSFER TO: 13-13BO-120A Extra Help $2,100 . 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. GRANT APPLICATION - REGIONAL JAIL PROJECT 4TH YEAR - 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, I Virginia does herein approve the grant application in the amount of $45,320 (Federal $40,792; State $2,264; and Local $2,264) for the fourth year continuation . of the Joint Confinement & Corrections Operations Project. 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. CONCERNS: Sheriff's Department Annual Report Mr. Stiles stated that at the last meeting a concern had been expressed regarding the cost of the Sheriff's Department Annual Report. He advised that the cost was $600 for 475 copies of this report and had been paid for from proceeds resulting . from the sale of advertisement on the Department Calendar; that no tax money was involved in printing the report. He further stated that he felt the Sheriff should I be commended for preparing this report at no cost to the taxpayers. Appointment of Member of Planning Commission to Board of Zoning Appeals Mr. Stiles stated that he understood there was some consideration being given to the appointment of a member of the Planning Commission to the Board of Zoning Appeals. He urged that this matter not be considered inasmuch as he felt it would be improper. Mr. Berg stated that this had not been discussed or contemplated by the Planning . Commission but that they had requested a committee of two to meet with the Board of zoning Appeals to discuss several matters. Legal Opinion Requested from Commonwealth Attorney Re: Board Members Employed by School Board Voting on Appointment of School Board Members Mr. Stiles requested that the Commonwealth's Attorney, Lawrence Arnbrogi, to render an official opinion on whether or not the two members of the Board of Supervisors who are employed by the School Board are eligible'to vote on the I appointment of School Board members; that he would like an opinion as to whether or not these two individuals involved would be in violation of the conflict of interest act regarding this matter. '55 I Meeting Set with Planning Commission to Discuss Capital Facilities Committee Report. Mr. Malcolm requested.that a date be set for the Board to meet jointly with the Planning Commission to discuss the Capital Facilities Committee Report. The Date of March 7, 1979 was set for said meeting. Mini Bike Problem in Subdivisions Discussed Mr. Owings stated that he was still receiving complaints from residents in the Lakeside Estates Subdivision regarding mini bikes and Mr. Renalds advised that a letter, had been sent to the developer regarding this matter and that action would have to be taken through the Commonwealth Attorney to resolve this matter. . Sale of Isaac Walton Property to Department of Agriculture and Foresty Service Noted Dr. Fish stated that he would like to have it noted in the public record that a letter had been r~ceived regarding the sale of property owned by the Isaac Walton Club to the Department of Agriculture and Forestry Service. I Report on Request for Cross Over North of Gainesboro ' Dr. -Fish stated that at the last meeting the Board had approved a request to the Highway Department for an additional cross-over off Route 522 Nort~ of . Gainesboro. He advised thar he had received a letter from the Highway Department regarding this matter and it appears that said request may well be honored. He commended the Highway Department for their response to this request. The Chairman directed tht a letter of commendation be forwarded to the Highway Department re- garding this matter. Other Business Mr. Malcolm asked if any action had been taken regarding the enforcement of the County Sticker Ordinance and Mr. Renalds stated that this matter is scheduled for consideration the first of March. Mr. Stiles' asked if any response had been received from the Health Department . regarding his request for a joint meeting and Mr. Renalds advised that they had stated they would contact Mr. Stiles regarding this request but that he would write I to them again. Mr. Rosenberger asked if anything had been accomplished regarding the re- linquishrnent of the Gore telephone service area by General Telephone Company to C & P Telephone Company and Mr. Renalds advised that General Telephone Company refused to relinquish this area and that the Board would have to proceed through the appropriate channels to have this accomplished. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT . THE BOARD OF SUPERVISORS DO NOW ADJOURN UNTIL MARCH 7, 1979 AT 7:30 P.M. FOR A JOINT MEETING WITH THE FREDERICK COUNTY PLANNING COMMISSION. I Q.() ~ ~{I( stcretary, Board of Supervisors ----------- ------- -- --- --------- ---- ---- ------------