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March 07, 1979 to March 28, 197956 An Adjourned Meeting of the Frederick County Board of Supervisors was held on March 7, 1979, at 7:30 P.M. in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virignia. PRESENT: S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. The Chairman called the meeting to order. Mr. Koontz advised that the purpose of the meeting was to meet jointly with the Frederick County Planning Commission to discuss the report of the Capital Facilities Committee. Mr. Stiles announced that he and members of the staff had met with represen tatives of the Winchester Mall and that they are moving ahead with their plans for a mall on Route 7. Mr. Berg announced that Crown American Corporation was moving ahead and had made preliminary contacts with the Building Inspector, the Planner and the Public Works Director for their mall on Route 50. Mr. Malcolm noted that the Capital Facilities Committee had forwarded the VVKR study to the Board of Supervisors and City Council and stated that the project was feasible and that various options for facilities had been presented. He advised that the Report of the Joint Capital Facilities Committee had set forth the general consensus of the Joint Committee and all members of said Committee agreed that Court Facilities were the critical need. Mr. Langdon Gordon, Chairman of the Planning Commission, noted that the Commission's concern was how the results of the VVKR study fit in with the County's Capital facilities needs as a whole. Mr. Stiles noted that we need to address the question of a joint facility with the City or whether the County relocates in the County. Mr. Koontz noted six areas flagged by the Joint Committee which were submitted along with the recommendation of the report by VVKR by the Joint Capital Facilities Committee. Mr. Koontz set forth the following topics for consideration: 1. Need - All present agreed there was a need for Court Facilities 2. How Court Facilities would be tied together with other capital facilities - Mr. Stiles and Mr. Malcolm both noted again that the City or County location decision was the first thing to decide. They noted the need to have a referendum to move Court facilities to the County and a referendum to approve financing , in.order -to implement the project. Mr. Stiles noted that it was desirable probably to locate facilities in the County but from a financial point of view, the facilities probably should go in the City. Mr. Rosenberger asked about having the Treasurer and Commissioner of the Revenue located with the Court facilities and Mr. Malcolm noted that the City said they would not locate their Treasurer and Commissioner of the Revenue in the Court facilities but would have no objections should the County desire to go in this direction. Mr. Rosenberger stated that we would need cost factors on locating the Treasurer and Commissioner of the Revenue with the Court facilities. Mr. Koontz noted the straw vote previously taken regarding moving the County Courthouse. Dr. Fish stated that he felt we should decide by asking the people what they want to do with regard to moving the Courthouse and financing it. • I C] • L� • �7 Mr. Koontz asked if we were ready to go to referendum and Mr. Stiles noted that we need cost figures in order to proceed. Mr. Malcolm stated that we need input from the Planning Commission on the matter of capital facilities. Mr. French Kirk asked who would develop the appraisal figure on the cost of land in the City. Mr. Stiles advised that this is only one of a number of questions .which . mu5t • be decided to include the basic question of whether to stay in the City or move to the County. Mr. James Golladay said that the Board should decide if they should accept the report of the Joint Capital Facilities Committee and then decide who should study the six items and any other questions which need to be addressed. Mr. Brumback outlined several questions that needed to be answered. He • stated that updated figures for County located facilities were also needed and then a decision on the issues of feasibility and need for a referendum on moving the court facilities into the County and a price tag could be decided. Mr. Stiles noted the other possibility of addressing only court facilities now and other facilities later. Mr. Malcolm noted that WKR had set up a phasing scheme for the project. Mr. Stiles suggested that referring the study back to the Joint City- County • J Committee, or another committee, to address the six points noted by the Joint Committee and others that may arise. Mr. Rosenberger asked for input from the Planning Commission on locating the Treasurer and Commissioner of Revenue with the Court Facilities. The Planning Commission members generally felt the major question of moving or not moving had to be addressed. Dr. Fish noted that if it was agreed that the Court facilities were needed, we then need to determine which direction to pursue. Mr. Stiles noted that we could address Phase I (Court Facilities) now and the next two phases, in the future without being committed to a plan. Mr. Gordon noted that a County committment to Phase I only might not be satisfactory to the City to commit to joint downtown facilities. Upon motion made by Kenneth Y. Stiles, seconded by Dr. Raymond L. Fish, and • passed unanimously, the Board referred the study back to the Joint Capital Facilities Committee to address any and all problems of joint occupancy of capital facilities with specific emphasis on Phase I with a further request that parking also be addressed. It was the unanimous opinion of the Planning Commission to agree with the above motion. Mr. Owings stated that there was a need to address the cost of land and discussion of downtown joint facilities as to what our cost for Court facilities, Treasurer and Commissioner of the Revenue Offices, all located in the Court facilities would be. Dr. Fish noted there is an advantage to the City to keep the County Facilities in town. �7 Mr. Koontz asked if we were ready to go to referendum and Mr. Stiles noted that we need cost figures in order to proceed. Mr. Malcolm stated that we need input from the Planning Commission on the matter of capital facilities. Mr. French Kirk asked who would develop the appraisal figure on the cost of land in the City. Mr. Stiles advised that this is only one of a number of questions .which . mu5t • be decided to include the basic question of whether to stay in the City or move to the County. Mr. James Golladay said that the Board should decide if they should accept the report of the Joint Capital Facilities Committee and then decide who should study the six items and any other questions which need to be addressed. Mr. Brumback outlined several questions that needed to be answered. He • stated that updated figures for County located facilities were also needed and then a decision on the issues of feasibility and need for a referendum on moving the court facilities into the County and a price tag could be decided. Mr. Stiles noted the other possibility of addressing only court facilities now and other facilities later. Mr. Malcolm noted that WKR had set up a phasing scheme for the project. Mr. Stiles suggested that referring the study back to the Joint City- County • J Committee, or another committee, to address the six points noted by the Joint Committee and others that may arise. Mr. Rosenberger asked for input from the Planning Commission on locating the Treasurer and Commissioner of Revenue with the Court Facilities. The Planning Commission members generally felt the major question of moving or not moving had to be addressed. Dr. Fish noted that if it was agreed that the Court facilities were needed, we then need to determine which direction to pursue. Mr. Stiles noted that we could address Phase I (Court Facilities) now and the next two phases, in the future without being committed to a plan. Mr. Gordon noted that a County committment to Phase I only might not be satisfactory to the City to commit to joint downtown facilities. Upon motion made by Kenneth Y. Stiles, seconded by Dr. Raymond L. Fish, and • passed unanimously, the Board referred the study back to the Joint Capital Facilities Committee to address any and all problems of joint occupancy of capital facilities with specific emphasis on Phase I with a further request that parking also be addressed. It was the unanimous opinion of the Planning Commission to agree with the above motion. Mr. Owings stated that there was a need to address the cost of land and discussion of downtown joint facilities as to what our cost for Court facilities, Treasurer and Commissioner of the Revenue Offices, all located in the Court facilities would be. Dr. Fish noted there is an advantage to the City to keep the County Facilities in town. OTHER BUSINESS Mr. Stiles asked where the Planning Commission is on downzoning. He and Mr. Gordon noted the timetable which had been established and Mr. Gordon stated that the Planning Commission was behind schedule on this issue. Mr. Stiles asked what progress had been made in this regard and Mr. Gordon asked what the desire of the Board was on proceeding in this direction. Mr. Owings stated that he felt downzoning was needed prior to reassessment and Mr. Gordon stated that there was a need for the Board to express their desires on downzoning. Mr. Rosenberger suggested that we proceed with downzoning along with the reassessment. Mr. Koontz noted that it was the general consensus of the Board of Supervisors and the Planning Commission to place the work in abeyance. Mr. Stiles requested that another meeting with the Planning Commission. be held in the future to discuss what they had accomplished. Mr. Berg noted that we should move on to adopt zoning on tax maps from USGS maps and color the current situation on the USGS maps; further that we should look at the overall situation for recommended changes. BOARD OF ZONING APPEALS ROLE Mr. Rosenberger noted that the Board and the Planning Commission should address discussions of referring variance requests of the Board of Zoning Appeals to the Planning Commission. Mr. Berg noted that the Planning Commission has asked two of its members to meet with the Board of Zoning Appeals to decide how to handle the code section requiring the Board of Zoning Appeals requests for variances to be referred to the Planning Commission. BUDGET MEETING SET The Board set the date of March 21, 1979 at 7:00 P.M. for a budget meeting. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. M. n - , ( 4Q_ S retary, Board of Supervisors V n U Ll • F 9 A Regular Meeting of the Frederick County Board of Supervisors was held on March 14, 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. The Chairman called the meeting to order. INVOCATION The invocation was delivered by the Reverend Fred Bowman of the Calvary Church of the Bretheren. 59 APPROVAL OF MINUTES 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 minutes of the Adjourned Meeting held on February 5;- 'T9.7.9., and the Regular'.-Meeting-held on February 14, 1979, as submitted 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. ADDITIONAL FUNDING $8.3 MILLION DOLLARS FOR NEW SENIOR HIGH SCHOOL - APPROVED Mr. Koontz stated that the primary question before the Board is whether or not to approve the additional funding requested by the School Board for construction of the new senior high school. He advised that Mr. Shockey, the construction manager, had advised the Board that 8.6 million dollars would be necessary in order to build the school as it should be. Mr. John Solenberger, Chairman of the School Board, appeared before the Board and urged approval of the additional funding needed for the new school stating that the new high school is desperately needed and has been worked on by both Boards very closely over the past several years. He advised that due to inflation the school could not be built'for'.7.5 million dollars- asihad been previously estimated. He stated that the school has been cut down as much as possible and any further delay would cost the County more money. Mr. Solenberger stated that delay had already made the project more costly than originally estimated. Mr. Stiles stated that funds for this school had been authorized two years ago and as yet, nothing, other than grading, had been done. He asked Mr. Solenberger what steps the School Board had taken in order to keep within the 7.5 million dollar figure and Mr. Solenberger replied that they had proceeded to have designed a school which would be adequate for the County's needs and that they had been delayed by certain groups in the County who did not want the school built. Mr. Stiles asked if the school could be built should the Board limit the funds 7.5 million dollars and Mr. Solenberger replied that it could not and the question was whether to go ahead now for 8.6 million dollars or wait thereby causing the cost to go up to possibly 10 or 12 million dollars. He stated that the school is very badly needed Mr. Stiles then asked Mr. Solenberger if it were true that the School Board and Dr. Wright had agreed that 7.5 million dollars would be the maximum amount appropriated for the school. He then read a portion of the Board of Supervisors' minutes of February 9, 1977 setting forth the 7.5 million dollar maximum figure. Mr. Solenberger replied that the School Board could not build the school for 7.5 million dollars; that 8.6 million was necessary to complete the project. Mr. Stiles asked if the 8.6 million dollars was a guaranteed maximum figure and Mr. Solenberger stated that according to Mr. Howard Shockey, this was correct. Mr. Shockey stated that their guarantee would not apply to the amount set forth for school equipment. 59 APPROVAL OF MINUTES 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 minutes of the Adjourned Meeting held on February 5;- 'T9.7.9., and the Regular'.-Meeting-held on February 14, 1979, as submitted 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. ADDITIONAL FUNDING $8.3 MILLION DOLLARS FOR NEW SENIOR HIGH SCHOOL - APPROVED Mr. Koontz stated that the primary question before the Board is whether or not to approve the additional funding requested by the School Board for construction of the new senior high school. He advised that Mr. Shockey, the construction manager, had advised the Board that 8.6 million dollars would be necessary in order to build the school as it should be. Mr. John Solenberger, Chairman of the School Board, appeared before the Board and urged approval of the additional funding needed for the new school stating that the new high school is desperately needed and has been worked on by both Boards very closely over the past several years. He advised that due to inflation the school could not be built'for'.7.5 million dollars- asihad been previously estimated. He stated that the school has been cut down as much as possible and any further delay would cost the County more money. Mr. Solenberger stated that delay had already made the project more costly than originally estimated. Mr. Stiles stated that funds for this school had been authorized two years ago and as yet, nothing, other than grading, had been done. He asked Mr. Solenberger what steps the School Board had taken in order to keep within the 7.5 million dollar figure and Mr. Solenberger replied that they had proceeded to have designed a school which would be adequate for the County's needs and that they had been delayed by certain groups in the County who did not want the school built. Mr. Stiles asked if the school could be built should the Board limit the funds 7.5 million dollars and Mr. Solenberger replied that it could not and the question was whether to go ahead now for 8.6 million dollars or wait thereby causing the cost to go up to possibly 10 or 12 million dollars. He stated that the school is very badly needed Mr. Stiles then asked Mr. Solenberger if it were true that the School Board and Dr. Wright had agreed that 7.5 million dollars would be the maximum amount appropriated for the school. He then read a portion of the Board of Supervisors' minutes of February 9, 1977 setting forth the 7.5 million dollar maximum figure. Mr. Solenberger replied that the School Board could not build the school for 7.5 million dollars; that 8.6 million was necessary to complete the project. Mr. Stiles asked if the 8.6 million dollars was a guaranteed maximum figure and Mr. Solenberger stated that according to Mr. Howard Shockey, this was correct. Mr. Shockey stated that their guarantee would not apply to the amount set forth for school equipment. �� Dr. Wright advised that their guarantee would not apply to the amount set forth for school equipment. Dr. Wright advised that a lot of furniture and equipment from James Wood and the junior high schools would be utilized to try to meet this figure. He stated that if they had given anyone the idea that 7.5 million dollars was a dogmatic figure, he must apologize but that the school couldn't be built for that amount. The figure of $404,166 for athletic facilities was discussed and Dr. Wright advised that this could be delayed until the funds are available, but then it will cost.more than $404,166. He advised that the School Board wanted to cooperate with the Parks and Recreation Department in the construction of facilities in order that grant money might be applied for to assist in the construction of said facilities. Mr. Stiles asked if the secondary access road was included in the total figure and Dr. Wright replied that it was. Mr. Stiles then stated that if the figure.:for athletic facilities could be broken down to some degree of priority, he would prefer to see some of it started as we move along on the project inasmuch as he felt part of these facilities would be necessary when the school opens. Mr. Shockey advised that he could supply these figures as requested by Mr. Stiles. School capacity and enrollment was discussed and Dr. Wright advised that the school capacity would be 1,370 with a growth factor of approximately 150 students. Mr. Stiles stated that according to state studies the expected enrollment for 1982 -1983 for the 11th and 12th grades is 1,003. Dr. Wright advised that those are state projections and do not necessarily apply to Frederick County. Dr. Don Warner stated that it would be unwise to build a school for capacity the first year; that a growth factor should be included. Mr. Stiles stated that the only other school in this area built on this concept is T. C. Williams and they have recently decided to go back toward the previous method of operation. He asked if this had any implication on our plans for this school. Dr. Wright stated that it would not; that he felt the current plans would provide tremendous educational opportunities for the students in the County. Mr. Rosenberger asked if the 8.2 million dollar figure had increased to 8.6 million dollars because of inflation or had something been added to the school. Mr. Solenberger stated that nothing had been added and if anything, the school had been reduced; that the inflation rate on this project, in building costs, is approximately $86,000 per month. The architect appeared before the Board and explained that additional area was included in this design to accomodate mechanical equipment, i.e., the heating and cooling systems, etc. but this was not livable space. Mr. Stiles stated that the request that came to the Board was for a 1,300 student school and this current design is for 1,370. Dr. Warner replied that the enrollment figures are general and not specific. • 1 • • �� Dr. Wright advised that their guarantee would not apply to the amount set forth for school equipment. Dr. Wright advised that a lot of furniture and equipment from James Wood and the junior high schools would be utilized to try to meet this figure. He stated that if they had given anyone the idea that 7.5 million dollars was a dogmatic figure, he must apologize but that the school couldn't be built for that amount. The figure of $404,166 for athletic facilities was discussed and Dr. Wright advised that this could be delayed until the funds are available, but then it will cost.more than $404,166. He advised that the School Board wanted to cooperate with the Parks and Recreation Department in the construction of facilities in order that grant money might be applied for to assist in the construction of said facilities. Mr. Stiles asked if the secondary access road was included in the total figure and Dr. Wright replied that it was. Mr. Stiles then stated that if the figure.:for athletic facilities could be broken down to some degree of priority, he would prefer to see some of it started as we move along on the project inasmuch as he felt part of these facilities would be necessary when the school opens. Mr. Shockey advised that he could supply these figures as requested by Mr. Stiles. School capacity and enrollment was discussed and Dr. Wright advised that the school capacity would be 1,370 with a growth factor of approximately 150 students. Mr. Stiles stated that according to state studies the expected enrollment for 1982 -1983 for the 11th and 12th grades is 1,003. Dr. Wright advised that those are state projections and do not necessarily apply to Frederick County. Dr. Don Warner stated that it would be unwise to build a school for capacity the first year; that a growth factor should be included. Mr. Stiles stated that the only other school in this area built on this concept is T. C. Williams and they have recently decided to go back toward the previous method of operation. He asked if this had any implication on our plans for this school. Dr. Wright stated that it would not; that he felt the current plans would provide tremendous educational opportunities for the students in the County. Mr. Rosenberger asked if the 8.2 million dollar figure had increased to 8.6 million dollars because of inflation or had something been added to the school. Mr. Solenberger stated that nothing had been added and if anything, the school had been reduced; that the inflation rate on this project, in building costs, is approximately $86,000 per month. The architect appeared before the Board and explained that additional area was included in this design to accomodate mechanical equipment, i.e., the heating and cooling systems, etc. but this was not livable space. Mr. Stiles stated that the request that came to the Board was for a 1,300 student school and this current design is for 1,370. Dr. Warner replied that the enrollment figures are general and not specific. • 1 • • 61 I Dr. Wright stated that the 8.2 million dollar figure was Mr. Shockey's best estimate at the time without the completed plans. He further stated that the approach being used to build this school was by far the best approach and that if only one construction bid had been received for the project, he did not feel it would be for 1C less than the current projected cost. Mr. Malcolm then moved to approve an appropriation not to exceed the sum of $8,661,087 to the Frederick County School Board to finance the construction of James Wood High School - Apple Pie Ridge Campus. This motion died for lack of a second. • Mr. Rosenberger stated that this matter had been sent to the Finance Commit for study and recommendation, and that after consideration of this matter the intent of the Finance Committee was to fund from the School Debt and Construction Fund an amount not to exceed $800,000 additional money which would bring the total to $8.3 million dollars. He further stated that included in this 8.3 million dollars there would be a X300,000 contingency figure and they would hope and trust that the ' School Board and School Superintendent could build a complete facility for 8.3 million dollars without any deletions. He advised that the Finance Committee would • request that Mr. Shockey furnish to the Board every thirty (30) days itemized I bills on the construction of the new school. Mr. Rosenberger stated that within the resolution there is an interest provision, but all the funds will be used for school purposes. Mr. Renalds then read the resolution as recommended by the Finance Committee. Dr. Wright asked for an explanation of the contingency and Mr. Rosenberger stated that the contingency would be built into the 8.3 million dollars instead of 8.6 million dollars. Mrs Dorothy Keckley stated that she did not get a copy of the resolution and inasmuch as she handles the County funds she felt she should have a copy of • said resolution. Mr. Malcolm stated that there were others who had not received a copy of the resolution prior to the meeting. ' Mr. Shockey'stated that their guaranteed maximum included the $300,000 contingency because all the plans are not finalized.. He stated that should the Board reduce the figure to 8.3 million dollars they would have to redesign $300,000 out of the project and withdraw their guaranteed maximum on this basis. He stated that they could not provide a guaranteed maximum based on the resolution recommended by the Finance Committee.. • Mr. Stratton stated that over the past year every possible effort has been made to keep the cost down on this project. He stated that at this point in time the plans and specifications are 97% to'988 complete. He advrsed.that until ,final approval of those - plans and specifications is obtained Mr.. Shockey get final figures - from• his - contractors oand. supplier s.and_�theref ore could -not guarantee a- figure based - on - the- proposed r-esoluti�on...He further stated that he felt the $300,000 contingency - figure was -a_ valid figure and. hhat- should .the , Board- proceed with the ' $.8.,3 dollar figure, redesign.would be necessary and'`he felt. sure that ad'dit funds would be required a later date. Mr. Solenberger stated that the school could not be built for 8.3 million q dollars. 61 I Dr. Wright stated that the 8.2 million dollar figure was Mr. Shockey's best estimate at the time without the completed plans. He further stated that the approach being used to build this school was by far the best approach and that if only one construction bid had been received for the project, he did not feel it would be for 1C less than the current projected cost. Mr. Malcolm then moved to approve an appropriation not to exceed the sum of $8,661,087 to the Frederick County School Board to finance the construction of James Wood High School - Apple Pie Ridge Campus. This motion died for lack of a second. • Mr. Rosenberger stated that this matter had been sent to the Finance Commit for study and recommendation, and that after consideration of this matter the intent of the Finance Committee was to fund from the School Debt and Construction Fund an amount not to exceed $800,000 additional money which would bring the total to $8.3 million dollars. He further stated that included in this 8.3 million dollars there would be a X300,000 contingency figure and they would hope and trust that the ' School Board and School Superintendent could build a complete facility for 8.3 million dollars without any deletions. He advised that the Finance Committee would • request that Mr. Shockey furnish to the Board every thirty (30) days itemized I bills on the construction of the new school. Mr. Rosenberger stated that within the resolution there is an interest provision, but all the funds will be used for school purposes. Mr. Renalds then read the resolution as recommended by the Finance Committee. Dr. Wright asked for an explanation of the contingency and Mr. Rosenberger stated that the contingency would be built into the 8.3 million dollars instead of 8.6 million dollars. Mrs Dorothy Keckley stated that she did not get a copy of the resolution and inasmuch as she handles the County funds she felt she should have a copy of • said resolution. Mr. Malcolm stated that there were others who had not received a copy of the resolution prior to the meeting. ' Mr. Shockey'stated that their guaranteed maximum included the $300,000 contingency because all the plans are not finalized.. He stated that should the Board reduce the figure to 8.3 million dollars they would have to redesign $300,000 out of the project and withdraw their guaranteed maximum on this basis. He stated that they could not provide a guaranteed maximum based on the resolution recommended by the Finance Committee.. • Mr. Stratton stated that over the past year every possible effort has been made to keep the cost down on this project. He stated that at this point in time the plans and specifications are 97% to'988 complete. He advrsed.that until ,final approval of those - plans and specifications is obtained Mr.. Shockey get final figures - from• his - contractors oand. supplier s.and_�theref ore could -not guarantee a- figure based - on - the- proposed r-esoluti�on...He further stated that he felt the $300,000 contingency - figure was -a_ valid figure and. hhat- should .the , Board- proceed with the ' $.8.,3 dollar figure, redesign.would be necessary and'`he felt. sure that ad'dit funds would be required a later date. Mr. Solenberger stated that the school could not be built for 8.3 million q dollars. mo Dr. Wright stated that they could not build an 8.6 million dollar school for 8.3 million dollars and that they would have no choice but to build an 8.3 million dollar school. Mr. Harrington Smith appeared before the Board and stated that the delays on the construction of this school have cost the taxpayers of Frederick County a great deal of money and further delays would only cost more. He stated that he felt the Board was pussyfooting and should cease their differences and get on with the project. Mr. Koontz stated that if the proposed resolution is passed it will cost the people of Frederick County more money in the long run and further, the guaranteed maximum will be withdrawn. Both Mr. Shockey and Mr. Stratton agreed that this was correct. Dr. H. Brian Landes asked how much it would cost the taxpayers should the project have to be redesigned in terms of contracts which would have to be let go and Mr. Shockey stated that those people would have to be contacted to see how long they would hold their prices and what their charges would be at a later date for a different design. Mr. Jerry Chisham stated that at an inflation rate on building costs of $86,000 per month, a three month delay would cost almost as much as the proposed contingency and we will have a smaller school. Mr. Stiles asked by what authority the School Board voted to proceed with this project when they were fully aware that it would cost more than 7.5 million dollars approved by the Board of Supervisors. He further stated that the funds to purchase this site were appropriated 3' to 4 years ago and there is nothing yet in the ground. Mr. Solenberger stated that all the previous figures for the school had been estimates and not final figures inasmuch as the plans had not yet been completed. Mr. Rosenberger stated that he felt sure that even if the Board appropriates 8.6 million dollars, the School Board will be back for more money and tfidt now we are telling them to use their efficiency and know -how to build it for 8.3 million dollars; that he still felt they would be back for additional money. Mr. Koontz stated that he felt it was improper to vote on this issue with the assumption that the School Board will request more money. Mr. Malcolm asked if the 8.6 million dollar request was approved would it impact on this year's budget and Mr. Renalds replied it would not. Mr. Malcolm stated that the resolution as proposed would reserve $163,750 from the School Debt and Construction Fund to balance the budget and that in effect we are using funds which have been set up for school buildings to balance the budget. Mr. Stiles stated that the money would be used to pay school debt. Mr. Malcolm then asked if it was not the intent of the resolution to presume that in this account there will be more than $963,000 accumulated, or would the account be exhausted. Mr. Boyd, Finance Director, stated that there was a possibility there would be more than $963,000 in said account at the end of the 1979 -80 fiscal year. • i • • 1 • mo Dr. Wright stated that they could not build an 8.6 million dollar school for 8.3 million dollars and that they would have no choice but to build an 8.3 million dollar school. Mr. Harrington Smith appeared before the Board and stated that the delays on the construction of this school have cost the taxpayers of Frederick County a great deal of money and further delays would only cost more. He stated that he felt the Board was pussyfooting and should cease their differences and get on with the project. Mr. Koontz stated that if the proposed resolution is passed it will cost the people of Frederick County more money in the long run and further, the guaranteed maximum will be withdrawn. Both Mr. Shockey and Mr. Stratton agreed that this was correct. Dr. H. Brian Landes asked how much it would cost the taxpayers should the project have to be redesigned in terms of contracts which would have to be let go and Mr. Shockey stated that those people would have to be contacted to see how long they would hold their prices and what their charges would be at a later date for a different design. Mr. Jerry Chisham stated that at an inflation rate on building costs of $86,000 per month, a three month delay would cost almost as much as the proposed contingency and we will have a smaller school. Mr. Stiles asked by what authority the School Board voted to proceed with this project when they were fully aware that it would cost more than 7.5 million dollars approved by the Board of Supervisors. He further stated that the funds to purchase this site were appropriated 3' to 4 years ago and there is nothing yet in the ground. Mr. Solenberger stated that all the previous figures for the school had been estimates and not final figures inasmuch as the plans had not yet been completed. Mr. Rosenberger stated that he felt sure that even if the Board appropriates 8.6 million dollars, the School Board will be back for more money and tfidt now we are telling them to use their efficiency and know -how to build it for 8.3 million dollars; that he still felt they would be back for additional money. Mr. Koontz stated that he felt it was improper to vote on this issue with the assumption that the School Board will request more money. Mr. Malcolm asked if the 8.6 million dollar request was approved would it impact on this year's budget and Mr. Renalds replied it would not. Mr. Malcolm stated that the resolution as proposed would reserve $163,750 from the School Debt and Construction Fund to balance the budget and that in effect we are using funds which have been set up for school buildings to balance the budget. Mr. Stiles stated that the money would be used to pay school debt. Mr. Malcolm then asked if it was not the intent of the resolution to presume that in this account there will be more than $963,000 accumulated, or would the account be exhausted. Mr. Boyd, Finance Director, stated that there was a possibility there would be more than $963,000 in said account at the end of the 1979 -80 fiscal year. • i • • 1 • Mr. Malcolm stated that money from the sale of bonds is deposited into this account and draws interest. He asked if anyone had addressed what would be done Ii with this money. Mr. Rosenberger stated that the Finance Committee was looking ahead to school debt in future years and this is expected to increase greatly. Mr. Renalds stated that they project the total amount in this fund on June 30, 1980 to be $963,753 but it would be more or less depending upon whether or not there are any funds left in the school operating funds at the end of the fiscal • II year. Mr. Malcolm then stated that it was conceivable that the Board could have opted to use the $163,750 for the construction of the school and cut the budget by that amount or take this amount from surplus to balance the budget '.thereby'approving the 8.6 million dollar request and Mr. Rosenberger replied that this was true and that there were many options. Mr. Stiles stated that if $300,000 more is spent, it will be $300,000 more ' the taxpayer will have to pay and that the Board could not consider the construction of the school in isolation inasmuch as we are facing the future construction of the • Middletown Elementary School and capital facilities; that should all the surplus be used, the taxes will really go up. Mr. Malcolm stated that he felt it was worth noting that one of the reasons the Board is being asked to fund the elaborate capital facilities projects is because they have been put off and put off and put off; that if they had been built when they were first needed it wuld have been a lot cheaper. Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, By the Frederick County Board of Supervisors that surplus funds remaining within the School Debt and Construction Fund, accumulated through June 30, 1980, in an amount not to exceed $800,000 are hereby allocated to and • appropriated for construction .of the new James Wood High School; said funds being an addition to the $7,500,000 previously allocated; and, BE IT FURTHER RESOLVED, That the above amount is not to include $163,750 of local funds transferred to the School Debt and Construction Fund during previous years; said funds being reserved by this Board to be allocated for retirement of School Debt during 1979 -1980; and, I BE IT FURTHER RESOLVED, That this Board does hereby request the School Board to provide monthly itemized statements during the construction of the new high • school to the County Administrator's office for distribution to the Board of Supervisors. The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and Kenneth Y. Stiles, Nay - R. Thomas Malcolm and S. Roger Koontz. Mr. Stiles stated that there were other issues he would like to discuss with the School Board and Mr. Koontz stated that he felt at this point in time the Il issue is closed and other issues are not set forth on the agenda. I The Board recessed for fifteen minutes. FINANCE COMMITTEE RECOMMENDATIONS: Mr. Rosenberger presented the Finance Committee recommendations and the following action was taken: Mr. Malcolm stated that money from the sale of bonds is deposited into this account and draws interest. He asked if anyone had addressed what would be done Ii with this money. Mr. Rosenberger stated that the Finance Committee was looking ahead to school debt in future years and this is expected to increase greatly. Mr. Renalds stated that they project the total amount in this fund on June 30, 1980 to be $963,753 but it would be more or less depending upon whether or not there are any funds left in the school operating funds at the end of the fiscal • II year. Mr. Malcolm then stated that it was conceivable that the Board could have opted to use the $163,750 for the construction of the school and cut the budget by that amount or take this amount from surplus to balance the budget '.thereby'approving the 8.6 million dollar request and Mr. Rosenberger replied that this was true and that there were many options. Mr. Stiles stated that if $300,000 more is spent, it will be $300,000 more ' the taxpayer will have to pay and that the Board could not consider the construction of the school in isolation inasmuch as we are facing the future construction of the • Middletown Elementary School and capital facilities; that should all the surplus be used, the taxes will really go up. Mr. Malcolm stated that he felt it was worth noting that one of the reasons the Board is being asked to fund the elaborate capital facilities projects is because they have been put off and put off and put off; that if they had been built when they were first needed it wuld have been a lot cheaper. Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, By the Frederick County Board of Supervisors that surplus funds remaining within the School Debt and Construction Fund, accumulated through June 30, 1980, in an amount not to exceed $800,000 are hereby allocated to and • appropriated for construction .of the new James Wood High School; said funds being an addition to the $7,500,000 previously allocated; and, BE IT FURTHER RESOLVED, That the above amount is not to include $163,750 of local funds transferred to the School Debt and Construction Fund during previous years; said funds being reserved by this Board to be allocated for retirement of School Debt during 1979 -1980; and, I BE IT FURTHER RESOLVED, That this Board does hereby request the School Board to provide monthly itemized statements during the construction of the new high • school to the County Administrator's office for distribution to the Board of Supervisors. The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and Kenneth Y. Stiles, Nay - R. Thomas Malcolm and S. Roger Koontz. Mr. Stiles stated that there were other issues he would like to discuss with the School Board and Mr. Koontz stated that he felt at this point in time the Il issue is closed and other issues are not set forth on the agenda. I The Board recessed for fifteen minutes. FINANCE COMMITTEE RECOMMENDATIONS: Mr. Rosenberger presented the Finance Committee recommendations and the following action was taken: M A GRANT APPLICATION - JUVENILE & DOMESTIC RELATIONS COURT - JUVENILE CRIME AND JUSTICE STUDY - APPROVED Mr. Rosenberger stated that the Finance Committee recommended approval of the grant application of the Juvenile and Domestic Relations Court for a Juvenile Crime and Justice Study and further recommended that an effort be made to maintain information at a current level once the project set forth in the grant application is completed in order that a further survey and feasibility study will not have to be made. He then introduced Mr. Rick Miller, Director of the Division of Court Services, appeared before the Board and explained the program briefly and the services t will render. He stated that at the end of the study, a report will be made the findings. Mr. Stiles stated that he felt a program such as this was long overdue. He stated that he felt any future applications for grants of this nature should be referred to the Finance Committee and the Committee on Law Enforcement and Courts for study and recommendation. 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, rginia does herein approve the grant application of the Juvenile and Domestic Relations Courts for a Juvenile Crime and Justice Study to assess local juvenile types of offenders, handling of cases by the Courts and study of types of ervices that may be needed by the community to better handle or help to prevent uvenile crime in the amount of $21,146 (Federal $19,032; State $1,057; and $1,057). The above resolution was passed by the following recorded vote: Aye - Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, Thomas Malcolm, and Kenneth Y. Stiles. REPORT ON PRE -TRIAL DIVERSION PROGRAM PRESENTED Mr. Rick Miller presented a report on the Pre -Trial Diversion Program stating that the grant previously approved was a continuation of this program; it is a program for misdemeanants and would exclude certain types of offenders, .e., ASAP, drunk in public, juveniles and felons. Hes stated that it takes first ime offenders and rather than put them through the trial process and in all proba- ility, jail, gives them a chance to change their pattern of behavior.: He dvised that it gives them several hours of volunteer community work and it is elt this kind of sentence lessens their chance for repeating a crime. Mr. Koontz sked who sentences people and if they are held in jail. Mr. Miller replied that are not held in jail and if the offender is eligible for the program and es to participate, in the program rather than go to trial, the number of is set by the Judge and the prosecuting attorney. Mr. Stiles asked how many participants have been through the program and back again and Mr. Miller replied that there are some sketchy returns at time and he felt that when more complete returns are available, they will ate that we are close to the national statistics which show 80% of the offenders i • • n 1 r 1 U not return. M A GRANT APPLICATION - JUVENILE & DOMESTIC RELATIONS COURT - JUVENILE CRIME AND JUSTICE STUDY - APPROVED Mr. Rosenberger stated that the Finance Committee recommended approval of the grant application of the Juvenile and Domestic Relations Court for a Juvenile Crime and Justice Study and further recommended that an effort be made to maintain information at a current level once the project set forth in the grant application is completed in order that a further survey and feasibility study will not have to be made. He then introduced Mr. Rick Miller, Director of the Division of Court Services, appeared before the Board and explained the program briefly and the services t will render. He stated that at the end of the study, a report will be made the findings. Mr. Stiles stated that he felt a program such as this was long overdue. He stated that he felt any future applications for grants of this nature should be referred to the Finance Committee and the Committee on Law Enforcement and Courts for study and recommendation. 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, rginia does herein approve the grant application of the Juvenile and Domestic Relations Courts for a Juvenile Crime and Justice Study to assess local juvenile types of offenders, handling of cases by the Courts and study of types of ervices that may be needed by the community to better handle or help to prevent uvenile crime in the amount of $21,146 (Federal $19,032; State $1,057; and $1,057). The above resolution was passed by the following recorded vote: Aye - Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, Thomas Malcolm, and Kenneth Y. Stiles. REPORT ON PRE -TRIAL DIVERSION PROGRAM PRESENTED Mr. Rick Miller presented a report on the Pre -Trial Diversion Program stating that the grant previously approved was a continuation of this program; it is a program for misdemeanants and would exclude certain types of offenders, .e., ASAP, drunk in public, juveniles and felons. Hes stated that it takes first ime offenders and rather than put them through the trial process and in all proba- ility, jail, gives them a chance to change their pattern of behavior.: He dvised that it gives them several hours of volunteer community work and it is elt this kind of sentence lessens their chance for repeating a crime. Mr. Koontz sked who sentences people and if they are held in jail. Mr. Miller replied that are not held in jail and if the offender is eligible for the program and es to participate, in the program rather than go to trial, the number of is set by the Judge and the prosecuting attorney. Mr. Stiles asked how many participants have been through the program and back again and Mr. Miller replied that there are some sketchy returns at time and he felt that when more complete returns are available, they will ate that we are close to the national statistics which show 80% of the offenders i • • n 1 r 1 U not return. 65 Mr. Stiles asked if these people are counseled while they are in the program 1 and Mr. Miller answered that they are counseled and a coordinator does an indepth review of the case. SUPPLEMENTAL APPROPRIATION $15,500 - REASSESSMENT DURING CURRENT FISCAL YEAR - 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 supplemental appropriation in the amount of $15,500 to finance'costs during the current fiscal year for the reassessment work which is scheduled to begin in May, 1979, since no funds were budgeted in the current fiscal year budget. The requested budget figure for 1979 -1980 will be reduced by the amount of $15,500. The above resolution was passed by the following recorded vote: Aye - 7 L I U] S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. DELEGATE ALSON SMITH TO BE REQUESTED TO SCHEDULE A MEETING REGARDING TELEPHONE SERVICE IN THE GORE AREA Mr. Rosenberger reported that the Finance Committee, after consultation with Delegate Alson Smith, recommended that Delegate Smith be requested to schedule a meeting regarding telephone service in the Gore area to discuss said matter. He stated that to date General Telephone Company has refused to re- linquish this area. 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, • 1 Virginia, does herein direct the County Administrator to request Delegate Alson Smith to schedule a meeting no sooner than 30 days from this date in the Gore area with representatives of the appropriate state offices, General Telephone Company representatives, and Chesapeake and Potomac Telephone Company representatives, in order to discuss this matter so that steps can be taken to provide that Frederick County residents within this service area might make local calls to the Winchester area. 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. COMMITTEE ON LAW ENFORCEMENT AND COURTS RECOMMENDATIONS: Dr. Fish presented the recommendations from the Committee on Law Enforcement U and Courts and the following action was taken: REPORT ENFORCEMENT OF COUNTY VEHICLE STICKER ORDINANCE Dr. Fish reported that after review of the request for study of the 1 enforcement of the County vehicle ordinance, the Committee reports that every possible effort is being made to enforce the County Motor Vehicle License Ordinance in the form of spot checks and periodic road blocks. The Committee thoroughly discussed the matter with the Sheriff and all parties agreed that a concentrated effort was needed in order that the intent of the ordinance might be carried out and that the necessary fees which were anticipated as revenue in the budget for the sale of the stickers might be collected. 65 Mr. Stiles asked if these people are counseled while they are in the program 1 and Mr. Miller answered that they are counseled and a coordinator does an indepth review of the case. SUPPLEMENTAL APPROPRIATION $15,500 - REASSESSMENT DURING CURRENT FISCAL YEAR - 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 supplemental appropriation in the amount of $15,500 to finance'costs during the current fiscal year for the reassessment work which is scheduled to begin in May, 1979, since no funds were budgeted in the current fiscal year budget. The requested budget figure for 1979 -1980 will be reduced by the amount of $15,500. The above resolution was passed by the following recorded vote: Aye - 7 L I U] S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. DELEGATE ALSON SMITH TO BE REQUESTED TO SCHEDULE A MEETING REGARDING TELEPHONE SERVICE IN THE GORE AREA Mr. Rosenberger reported that the Finance Committee, after consultation with Delegate Alson Smith, recommended that Delegate Smith be requested to schedule a meeting regarding telephone service in the Gore area to discuss said matter. He stated that to date General Telephone Company has refused to re- linquish this area. 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, • 1 Virginia, does herein direct the County Administrator to request Delegate Alson Smith to schedule a meeting no sooner than 30 days from this date in the Gore area with representatives of the appropriate state offices, General Telephone Company representatives, and Chesapeake and Potomac Telephone Company representatives, in order to discuss this matter so that steps can be taken to provide that Frederick County residents within this service area might make local calls to the Winchester area. 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. COMMITTEE ON LAW ENFORCEMENT AND COURTS RECOMMENDATIONS: Dr. Fish presented the recommendations from the Committee on Law Enforcement U and Courts and the following action was taken: REPORT ENFORCEMENT OF COUNTY VEHICLE STICKER ORDINANCE Dr. Fish reported that after review of the request for study of the 1 enforcement of the County vehicle ordinance, the Committee reports that every possible effort is being made to enforce the County Motor Vehicle License Ordinance in the form of spot checks and periodic road blocks. The Committee thoroughly discussed the matter with the Sheriff and all parties agreed that a concentrated effort was needed in order that the intent of the ordinance might be carried out and that the necessary fees which were anticipated as revenue in the budget for the sale of the stickers might be collected. C•l•, SITE PLAN #026 -77 - Z & M SHEET METAL, INC. - STONEWALL DISTRICT - APPROVED Mr. Berg presented the Site Plan of Z & M Sheet Metal, Inc. and described the location and use of the building. He stated that this would be an expansion of the current operation and the addition of 17 parking spaces. Mr. Berg stated that all requirements have been met and the Planning Commission recommends approval of this site plan. Upon motion made by Kenneth Y. Stiles and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of theCounty of Frederick, Virginia, does herein approve Site Plan No. 026 -77 of Z '& M Sheet Metal, Inc. for expansion of the current manufacturing plant and the addition of 17 parking spaces on their property located on Lenoir Drive in the 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, R. Thomas Malcolm, and Kenneth Y. Stiles. JAMES DIEHL REAPPOINTED TO FREDERICK COUNTY SANITATION AUTHORITY 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 reappoint Mr. James Diehl to serve on the Frederick County Sanitation Authority for a term of four (4) years, said term to commence on April 15, 1979 and terminating April 15, 1983. 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. APPOINTMENTS TO BOARD OF ASSESSORS - DISCUSSED The Board discussed briefly the qualifications desirable for members of the Board of Assessors and the amount of time required to perform this task. Mr. Jennings described briefly the duties of the assessors and the time required per week to work with the state assessors on the reassessment. The Board requested the County Administrator to work with Mr. Jennings to provide information regarding the duties of the assessors and the time involved to perform said work so that this information could be given to pro- spective appointees. The Board further requested that a list of the last several Boards of Assessors be made available for review. INTENT TO ABANDON FOOTBRIDGE PARALLELING ROUTE 667 - APPROVED Upon motion made by Kenneth Y. Stiles and seconded by R. Thomas Malcolm, WHEREAS, It appearing to the Board that the swinging bridge paralleling Route 667 at its crossing of Opequon Creek at the Clarke County line serves no public necessity and is no longer necessary for the uses of the Secondary System of State Highways. NOW THEREFORE, BE IT RESOLVED, That the Clerk of the Board be directed to post and publish notice of the Board's intention to abandon the swinging bridge as aforesaid, pursuant to Section 33.1 -151 of the 1950 Code of Virginia as amended. 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. • r 1 l • • • 1 C•l•, SITE PLAN #026 -77 - Z & M SHEET METAL, INC. - STONEWALL DISTRICT - APPROVED Mr. Berg presented the Site Plan of Z & M Sheet Metal, Inc. and described the location and use of the building. He stated that this would be an expansion of the current operation and the addition of 17 parking spaces. Mr. Berg stated that all requirements have been met and the Planning Commission recommends approval of this site plan. Upon motion made by Kenneth Y. Stiles and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of theCounty of Frederick, Virginia, does herein approve Site Plan No. 026 -77 of Z '& M Sheet Metal, Inc. for expansion of the current manufacturing plant and the addition of 17 parking spaces on their property located on Lenoir Drive in the 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, R. Thomas Malcolm, and Kenneth Y. Stiles. JAMES DIEHL REAPPOINTED TO FREDERICK COUNTY SANITATION AUTHORITY 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 reappoint Mr. James Diehl to serve on the Frederick County Sanitation Authority for a term of four (4) years, said term to commence on April 15, 1979 and terminating April 15, 1983. 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. APPOINTMENTS TO BOARD OF ASSESSORS - DISCUSSED The Board discussed briefly the qualifications desirable for members of the Board of Assessors and the amount of time required to perform this task. Mr. Jennings described briefly the duties of the assessors and the time required per week to work with the state assessors on the reassessment. The Board requested the County Administrator to work with Mr. Jennings to provide information regarding the duties of the assessors and the time involved to perform said work so that this information could be given to pro- spective appointees. The Board further requested that a list of the last several Boards of Assessors be made available for review. INTENT TO ABANDON FOOTBRIDGE PARALLELING ROUTE 667 - APPROVED Upon motion made by Kenneth Y. Stiles and seconded by R. Thomas Malcolm, WHEREAS, It appearing to the Board that the swinging bridge paralleling Route 667 at its crossing of Opequon Creek at the Clarke County line serves no public necessity and is no longer necessary for the uses of the Secondary System of State Highways. NOW THEREFORE, BE IT RESOLVED, That the Clerk of the Board be directed to post and publish notice of the Board's intention to abandon the swinging bridge as aforesaid, pursuant to Section 33.1 -151 of the 1950 Code of Virginia as amended. 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. • r 1 l • • • 1 67 DISCUSSION OF MEETING DATE FOR DISCUSSION OF 1979 -80 VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION BUDGET Following a,brief discussion the Board agreed to try and arrange a meeting date for discussion of the proposed 1979 780 Virginia Department of Highways and Transportation Budget in order that the April 11, 1978 date for Public Hearing might be adhered to. ORDINANCE - FIRST AND SECOND READING ZMAP #003 -79 SUBMITTED BY THE FREDERICK COUNTY PLANNING COMMISSION FOR ADOLPH HOCKMAN AND MARY HOCKMAN, 1145 OAK STREET, WINCHESTER, VIRGINIA, WHO HEREBY REQUEST THAT TWO LOTS FRONTING OAK STREET FOR ONE HUNDRED • SEVENTY -FIVE (175) FEET NOW ZONED BUSINESS - GENERAL DISTRICT (B -2) BE REZONED RESIDENTIAL- LIMITED DISTRICT (R -3). THESE PROPERTIES ARE LOCATED IN THE J. P. DARLINGTON SUBDIVISION AND ARE DESIGNATED AS .PROPERTY IDENTIFICATION NUMBER 53A(2), BLOCK C, LOTS 1 AND 2 IN GAINESBORO MAGISTERIAL DISTRICT Mr. Renalds read the above ordinance on first and second reading. RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $1,000,000 SCHOOL BONDS, SERIES OF 1979A, OF FREDERICK COUNTY, VIRGINIA AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF - APPROVED Upon motion made by Will L. Owings and seconded by Kenneth Y. Stiles, ' BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, 1. It is hereby determined to be necessary and expedient for Frederick • County to finance capital projects for public schools by contracting a debt in the amount of One Million Dollars ($1,000,000), issuing its school bonds therefor and selling the same'to the Virginia Public School Authority, a state agency prescribed by the General Assembly pursuant to Article VII, Section 10(b) of the Constitution of Virginia. 2. It is hereby determined to be in the best interest of Frederick County to accept the offer of the rate of interest which will produce a differential of not more than 1 /10 of 1% over the net interest cost to the Authority on the bonds which Bonds, Series of 1979A" shall mature in numerical order in installments of $50,000 on December 15 in each of the years 1979 to 1998, inclusive, without option of prior redemption and shall bear interest payable semiannually on June 15 and December 15 as such rate as may be determined prior to their sale. 4. At the request of the Virginia Public School Authority the bonds shall be • issued initially as fully registered bonds without coupons, with one bond being issued for each maturity, numbered R -1 to R -20, inclusive. Principal and interest on the bonds shall be payable in lawful money of the United States of America at the principal office of United Virginia Bank, Richmond, Virginia. The bonds shall be signed by the Chairman of theBOard of Supervisors, shall be counter- signed by its Clerk and its seal shall be affixed thereto. tl 5. The fully registered bonds shall be in substantially the following form: it will sell to provide the necessary funds to purchase the County's bonds, provided • that the offer of the Virginia Public School Authority shall not be finally accepted and the bonds shall not be awarded until the Board of Supervisors shall have approvec ' the rate of interest, as finally determined, which the bonds are to bear. 3. The bonds shall be dated December 15, 1978, shall be designated "School Bonds, Series of 1979A" shall mature in numerical order in installments of $50,000 on December 15 in each of the years 1979 to 1998, inclusive, without option of prior redemption and shall bear interest payable semiannually on June 15 and December 15 as such rate as may be determined prior to their sale. 4. At the request of the Virginia Public School Authority the bonds shall be • issued initially as fully registered bonds without coupons, with one bond being issued for each maturity, numbered R -1 to R -20, inclusive. Principal and interest on the bonds shall be payable in lawful money of the United States of America at the principal office of United Virginia Bank, Richmond, Virginia. The bonds shall be signed by the Chairman of theBOard of Supervisors, shall be counter- signed by its Clerk and its seal shall be affixed thereto. tl 5. The fully registered bonds shall be in substantially the following form: MM (FORM OF REGISTERED BOND) No. R- $50,000 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA FREDERICK COUNTY School Bond, Series of 1979A Frederick County, Virginia, for value received, hereby acknowledges itself indebted and promises to pay to the order of VIRGINIA PUBLIC SCHOOL AUTHORITY upon presentation and surrender hereof the principal sum of FIFTY THOUSAND DOLLARS ($50,000) on December 15, 19 , and to pay to the Virginia Public School Authority interest from the date hereof to maturity at the rate of per cent ( %) per year, payable semiannually on June 15 and December 15. Both principal of and interest on this bond are payable in lawful money of the United States of America at the principal office of United Virginia Bank, Richmond, Virginia. The bond is one of an issue of $1,000,000 School Bonds, Series of 1979A, of like date and tenor, except as to number, and maturity, and is issued pursuant to the Constituion and statutes of the Commonwealth of Virginia, including Article VII, Section 10(b) of the Constitution and the Public Finance Act, as amended, to provide funds for financing capital projects for public schools. This bond may be exchanged without cost at the principal office of United Virginia Bank, Richmond, Virginia, for an equal aggregate principal amount of coupon bonds without privilege of registration, of the denomination of $5,000 each, of the same maturity, bearing interest at the same rate and having attached thereto coupons representing all unpaid interest due or to become due thereon. The full faith and credit of Frederick County are hereby irrevocably pledged for the payment of principal of an interest on this bond. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of-Virginia to happen, exit or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of bonds of which this bond is one, together with all other indebtedness - of Frederick County, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Board of Supervisors of Frederick County, Virginia, has caused this bond to be signed by its Chairman, to be countersigned by its Clerk, its seal to be affixed hereto, and this bond to be dated December 15, 1978. COUNTERSIGNED: Clerk, Board of Supervisors of Frederick County, Virginia (SEAL) FredericA County 6. Fully registered bonds without coupons may be exchanged at the expense of the County at the principal office of United Virginia Bank, Richmond, Virginia, for an equal aggregate principal amount of coupon bonds without privilege of registration, of the denomination of $5,000 each, appropriately numbered, of the same maturities, bearing interest at the same rate and having attached thereto coupons representing all unpaid interest due or to become due thereon. Upon request of the Virginia Public School Authority, the County shall execute and deliver as soon as practicable coupon bonds in exchange for fully registered bonds. All fully registered bonds surrendered in any such exchange shall be cancelled. 7. Principal and interest on the coupon bonds shall be payable in lawful money of the United States of America at the principal office of United Virginia Bank, Richmond, Virginia. The bonds shall be signed by the manual or facsimile signature of the Chairman of the Board of Supervisors, shall be counter - signed by its Clerk and its seal shall be affixed thereto or a facsimile thereof printed thereon. The coupons attached to the bonds shall be authenticated by the facsimile signatures of the Chairman and Clerk. 8. The coupon bonds and the coupons attached thereto shall be in substantially the following form: (FORM OF COUPON BOND) 1�ry UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA FREDERICK COUNTY $5,000 • • J • School Bond, Series of 1979A J O R n U 11 Frederick County, Virginia, for value received, hereby acknowledges itself indebted and promises to pay to bearer upon presentation and surrender hereof the principal sum of FIVE THOUSAND DOLLARS ($5,00) on December 15, 19 , and to pay interest thereon from the date hereof to maturity at the rate of per cent ( %) per year, payable semiannually on June 15 and December 15 upon presentation and surrender of the attached coupons as they become due. Both principal of'and interest on this bond are payable in lawful money of the United States of America at the principal office of United Virginia Bank, Richmond, Virginia. This bond is one of an issue of $1,000,000 School Bonds Series of 1979A, of like date and tenor:,. except as to number and maturity, and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including Article VII, Section 10(b) of the Constitution and the Public Finance Act, as amended, to provide funds for financing capital projects for public schools. The full faith and credit of Frederick County are hereby irrevocably pledged for the payment of principal of and interest on this bond. All act, conditions and things required by the Constitution and statues of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of bonds of which this bond is one, togethter with all other idebtedness of Frederick County, is within every debt and other limit prescribed by the Consti- tution and statutes of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Board of Supervisors of Frederick County, Virginia, has caused this bond to be signed by the manual or facsimile signature of its Chairman, to be countersigned by its Clerk, its seal to be affixed hereto or a facsimile thereof printed hereon, the attached interest coupons to be authenticated by the facsimile,signature of its Chairman and Clerk, and this bond to be dated December 15, 1978. COUNTERSIGNED: .1 (SEAL) Clerk, Board of Supervisors Cha man, o d f upervi ors of Frederick County, Virginia of Ferri k Coun y, Vi i is (FORM OF COUPON) • F L n U I No. $ June On December 15, 19 Frederick County, Virginia, will pay to bearer the sum of Dollars ( ) in lawful money of the United States of America at the principal office of United Virginia Bank, Richmond, Virginia, being the semiannual interest-then due on its School Bond, Series of 1979A, dated December 15, 1978, and numbered Clerk, Board of Supervisors of Frederick County, Virginia Chairman, Board of Supervisors of Frederick County, Virginia 9. The full faith and credit of Frederick County are hereby irrevocably pledged for the payment of principal of and interest on the bonds. There shall be levied and collected annually on all taxable property in the County an ad valorem tax over and above all other taxes authorized or limited by law sufficient to pay such principal and interest as the same respectively become due and payable. 10. After the bonds have been awarded, the Chairman and the Clerk of the Board of Supervisors are hereby authorized and directed to take all proper steps to have the bonds prepared and executed in accordance with their terms and to deliver the bonds to the Treasurer of Virginia on behalf of the Virginia Public School Authority upon payment therefor. 11. The Clerk of theBoard of Supervisors is hereby authorized and directed to cause a certified copy of this resolution to be delivered forthwith to the Clerk of the County School Board of Frederick County. The bonds hereby authorized shall not be issued until the County School Board shall have adopted an appropriate resolution consenting to the issuance of the bonds. 12. Such officers of Frederick County as may be requested are hereby authorized and directed to execute an appropriate certificate setting forth the expected use and investment of the proceeds of the bonds issued pursuant hereto in order to show that such expected use and investment will not violate the provisions of Section 103(c) of the Internal Revenue Code of 1954, as amended, and regulations issued pursuant thereto, applicable to "arbitrage bonds." Such certificate shall be in such form as may be requested by bond counsel for the County. 70 13. The Clerk of the Board of Supervisors is hereby authorized and directed to cause a certified copy of this resolution to be filed forthwith with the Circuit Court of Frederick County and within ten days thereafter to cause to be published once in a newspaper having general circulation in the County a notice setting forth (1) in brief and general terms the purpose for which the bonds are to be issued and (2) the amount of such bonds. 14. All resolutions or parts of resolutions in conflict herewith are hereby repealed. 15. This resolution shall take effect immediately. 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. 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 UNTIL MARCH 21, 1979, AT 7:00 P.M. FOR A BUDGET MEETING. • I L R Sec'r'etary, Board of Supervisors An Adjourned Meeting of the Frederick County Board of Supervisors was held March 21, 1979, in the Board of Supervisors' Meeting Room, 9 Court Square, , Virginia. PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman; . Raymond L. Fish; Will L. Owings, R. Thomas Malcolm; and Kenneth Y. Stiles. The Chairman called the meeting to order. BUDGET DELIBERATIONS Health Department - Dr. William Hatfield presented the Health Department . He explained the state and local funding breakdown and requested rein- tement of cuts. Parks & Recreation - Mr. Stiles asked about playground programs and possibly need to charge; also the possibility of imposing a charge on out -of -state sitors to Clearbrook Park in order to maintain more space for Frederick County sidents. Following a brief discussion, the Board agreed to look at the western istrict park reduction. Chapter 10 Board - Mrs. Catherine Monte, Mr. James Sumption, and Mr. David emer made a presentation regarding the Chapter 10 Board budget and requested statement of the $890 cut. Mr. Sumption stated that they receive 8 times the 1 dollars from the state. Library Committee - County representatives, Mesdames Goode, Kimball, Costello, lenberger and Place appeared before the Board and made a brief presentation re- ing their proposed budget. Mr. Stiles asked about the possibility of paying the ty share based on the proportionate amount of County users of the Library. r1 U • 1 • 71 Mrs. Costello stated that this could be done but it would cost $57,000 or more. The possibility of the establishment of a Regional Library Board was discussed and it was noted that the County would have representatives on such a board and all the dgtails regarding such a board would be set forth in a contract. Mr. Stiles stated that the Board might look at this proposal more favorably • if the City would consider participating in the funding of the Extension Service. Schools - Dr. Wright, School Superintendent, appeared and asked that the Board consider reinstating the $50,000 cut which had been made in the school budget. The proposed school budget was passed out and indicates the $300,000 has been cut over the original request estimate. Mr. Tom Sine, Transportation Supervisor, appeared and requested approval • to place an order for 6 school buses. He stated that 4 of the buses would be replacements and 2 would be.additional buses. Mr. Sine advised that the cost of the-4 replacement buses would be $14,888 each if the states approves the purchase, and the cost of the new buses would be $15,106 each; further that should the state not approve the purchase of the 4 replacement buses at the above cost, all six buses would be $15,106 each. 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 request of the School Board to place an order for six (6) school buses (4 replacement buses at a cost of $14,888 each if the state approves said purchase, and 2 new buses at a cost of $15,106 each) with the under- standing that should the state not approve the purchase of the above replacement buses at $14,888 all 6 buses will cost $15,106 each. 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. Division of Court Services - Mr. Rick Miller, Director of Court Services, appeared and requested that the cuts made to his proposed budget be reinstated. Bids to be Sought for New Pool at Clearbrook Park 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, El Virginia, does herein direct that bids be obtained to construct a new pool at the Clearbrook Park for consideration by the Board, further that as much of the prelimin- ary work as possible on said project be done in house. 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. Storage Building Fees Discussed Following a brief discussion the Board referred the storage building fees to the Code and Engineering Committee for study and recommendation. PROCLAMATION - "THE BATTLE OF KERNSTOWN" - APPROVED Upon motion made by Will L. Owings and seconded by Kenneth Y. Stiles; WHEREAS, The BATTLE OF KERNSTOWN, VIRGINIA, was fought on March 23, 1862, 72 between the opposing forces of Confederate General Jackson and Federal General hields on the Sandy Hills to the south west of Winchester City; and, WHEREAS, Cutshaw's Battery of Jackson's Army wish to observe this date, the 24th day of March, 1979, for the purpose of commemorating the loyalty, courage and valor of the troops; and, WHEREAS, This historic.and cultural Memorial belongs to the peoples of Frederick County and the Commonwealth of Virginia; and, WHEREAS, Cutshaw's Battery is the local reactivated representative group and is affiliated with other reactivated Civil War groups and has requested this.proclamat of Kernstown Memorial Day, NOW THEREFORE, BE IT RESOLVED, That the City of Winchester and the County of Frederick do hereby proclaim Saturday, the 24th of March, 1979, "THE BATTLE OF DAY" 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. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT r1 U L THE BOARD OF SUPERVISORS DO NOW ADJOURN UNTIL MARCH 28, 1979 AT 12:00 NOON. L I Se etary, Board of Supervisors At an Adjourned Meeting of the Board of Supervisors of Frederick County, rginia, held on the 28th Day of March, 1979, in the Board of Supervisors' Meeting , 9 Court Square, Winchester, Virginia. PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman; 11 L. Owings; R. Thomas Malcolm; and Kenneth Y. Stiles. ABSENT: Dr. Raymond L. Fish. The Chairman called the meeting to order. It was reported to the meeting that the best bid received by the Virginia ublic School Authority for the purchase of its School Financing Bonds, Series 79A, called for a net interest cost of 5.62848 and that the Authority has ffered to purchase at a price of par and accrued interest the $1,000,000 School Series of 1979A, of Frederick County at an interest rate of 5.72% per year, on each December 15 and June 15. Upon motion made by Will L. Owings, seconded by Kenneth Y. Stiles and passed the following roll.call vote, the following resolution was adopted: MEMBER S. Roger Koontz Thomas B. Rosenberger Will L. Owings R. Thomas Malcolm Kenneth Y. Stiles VOTE Aye Aye Aye Aye Aye is 1 73 BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, 1 that the $1,000,000 School Bonds, Series of 1979A, of Frederick County, heretofore authorized by resolution adopted by this Board on March 14, 1979, be and the same are hereby sold to the Virginia Public School Authority at a price of par and accrued interest from the date of the bonds to the date of delivery and shall bear interest at the rate of 5.728 per year. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT 1 7 1 • THE BOARD OF SUPERVISORS DO NOW ADJOURN. Cha ma oar of S ervisor Se' etary, Board of Supervisors A Regular Meeting of the Frederick County Board of Supervisors, was held March 28, 1979 „in the Board of Supervisors' Meeting Room, 9 Court Square, , Virginia. PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger; Vice Chairman; Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Kenneth Y. Stiles. The Chairman.-,called the:.meeting_to order: INVOCATION The invocation was delivered by the Reverend Edward Wilkins of the Macedonia- tague United Methodist Charge. APPROVAL OF MINUTES Mr. Stiles stated that on Page 10 of the Minutes of March 14, 1979, the dentity of the "gentleman" referred to was Mr. Jerry Chisam. The Board agreed this correction. • Mr. Rosenberger stated that the following paragraph should be added to the resolution regarding funding of the new senior high school set forth on Page 10 of the minutes of March 14, 1979; BE IT FURTHER RESOLVED, That this Board does hereby request the School Board to provide montly itemized statements during the construction of the new high school to the County Administrator's office for distri- bution to the Board of Supervisors. The Board concurred with this request. Therefore, upon motion made by Kenneth Y. Stiles and seconded by R. Thomas • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, V irginia, does herein approve the minutes of the Regular Meeting on February 28, 979, as submitted; the Adjourned Meeting on March 7, 1979, as submitted; the gular Meeting of March 14, 1979, as amended above; and the Adjourned Meeting f March 21, 1979, as submitted. The above resolution was passed by the following recorded vote: Aye - Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, I . Thomas Malcolm, and Kenneth Y. Stiles. MEETING WITH FREDERICK COUNTY HEALTH DEPARTMENT Mr. Koontz stated that there has been a request for a meeting with the th Department to ask for clarification of several matters. 74 Pollution of Abrams / Opequon Creeks - forwarded to the State Water Control to be Mr. Herbert Sluder appeared before the Board representing the Health Department in Richmond on business. and stated that Dr. Hatfield could not be present due to the fact that he was Mr. Stiles stated that one of the problems he would like to discuss with Mr. Sluder concerned the severe mosquito problem in the Opequon Creek area. Mr. Sluder stated that he lived in the same general area and there are a lot of mosquitos there and the only way he knew of to address the problem would be to have several full time crews spray the area which would be very expensive and the problem would be ongoing as long as there are breeding places where the mosquitos can reproduce. Mrs. Margaret Starliper appeared before the Board representing a delegation of residents living in the area and stated that the mosquito problem was so severe children could not play outside. She further stated that the residents in the area feel the problem is being caused by the extra sewage being pumped in the Abram and Opequon Creeks while they are upgrading their plant. Mrs. Starliper stated that several residents had met with Mr. Preston of the State Water Control Board regarding the problem and he advised that the upgrading of the Winchester plant should be completed by December, however, it is not complete as of this date. She stated that there have been fish kills in the area and the odor along the Opequon at times is unbearable. Dr. Fish suggested the formation of a study group to gather measurable data regarding these problems so that the information might be presented to the State Water Control Board with a request that something be done to correct the situation. Mr. Sluder advised that he would be glad to make spot checks to determine if there is mosquito larvae in the creek but to date he has not found this to be the case and therefore he felt the mosquitos are breeding in ponding areas in this vicinity. Mr. Malcolm stated that complaints of this nature have been made by citizens for several years and the answer-they receive is that nothing can be done until Winchester completes the upgrading of their plant. He advised that the odor problem in this area has greatly improved. Mr. Ray Carter appeared before the Board and stated that he and a neighbor had collected a sample from the Abrams Creek and had it tested in College Park, Maryland where a doctor informed them it contained sludge. Mr. Carter stated that the sludge being dumped into the stream in the discharge from the Winchester. Sewage Treatment Plant is being deposited on the banks of the stream when the water rises and when the water recedes, this material provides a breeding place for mosquitos and causes the odor problem while the pollution in the stream is causing the fish kills. 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 direct the County Administrator to register an official (complaint from the Board with the State Water Control Board regarding the pollution • • A • 75 of Abram and Opequon Creeks, recent fish kills, odor, and a,severe mosquito problem which is felt to be coming from the pollution in the streams; that an investigation of said complaints be initiated by the State Water Control Board at the earliest possible date and that a report regarding the completion date for the upgrade of the' Winchester Sewage Treatment Plant be forwarded to the Board at the earliest possible date; and, BE IT FURTHER RESOLVED, That the County Administrator shall inform the State Water Control Board that the Board of Supervisors is considering, the formation of a committee to collect data to support these complaints in order . that some corrective action might be taken should the problem continue. ' 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. Pollution of Lake Serene and Lake St. Clair Discussed Mr. Stiels stated that he had received a letter regarding the malfunctioning of septic systems in the Lake Serene /.Lake St Clair area off Route 654 which is causing pollution of said lakes. Mr. Sluder replied that there is a very severe problem in this area as far • as drainage is concerned which relates primarily to sink and wash water being discharged onto the roadway and the outdoor privies in the area which are in disrepair. He advised that at least 14 problems had been pinpointed in this area and these people would be contacted regarding correction of these problems. He stated that the Health Department would do their best to solve this problems. Mr. Koontz stated that when Route 654 is rebuilt this may help alleviate the problem. Mr. Stiles thanked Mr. Sluder for appearing before the Board to discuss these problems. • RECONSIDERATION OF SITE PLAN 0032 -78 - ALLEN PROPERTIES, INC. - DEFEATED Mr. Thomas Scully appeared before the Board in support of the site plan entitled Allen Properties, Inc., and stated that he had acquired the property from Mr. Joseph Allen. He advised that before purchasing the property he had looked at it very closely and according to the minutes of the Planning Commission when Mr. Allen built his Kentucky Fried Chicken facility, certain conditions were set forth providing for two entrances off Route-277. Mr. Scully stated that the property was purchased for the construction of a grocery store and his lease is contingent upon approval of the site plan which shows an entrance off • Route 277. Mr. Owings stated that he had spent considerable time on this matter and that when the development of this area was first begun he had suggested an access road from Kentucky Fried Chicken to serve this property but this was overruled. He stated that when permission was given to Kentucky Fried Chicken to develop their property, the Planning Commission stated that there would be one more therefore he would move that the Board approve the site plan as submitted with a special note to Mr. Scully that this action would in effect landlock Lot B. entrance allowed east of this property but did not specify where that entrance ' would be. Mr. Owings stated that he felt Mr. Scully acted in good faith and therefore he would move that the Board approve the site plan as submitted with a special note to Mr. Scully that this action would in effect landlock Lot B. 76 Mr. Scully replied that he did not intend to sell Lot B. Dr. Fish suggested that the access road be constructed at this time and Mr. Owings stated that when he had suggested this before the Planning Commission overruled this suggestion and agreed to allow one more entrance with no provision as to its location. Mr. Stiles stated that if the Board turns this site plan down, they will in effect leave Mr. Scully with no entrance to this property which he purchased with the understanding that an entrance would be allowed; that the Board is telling him to build a road with a neighbor to serve the land behind his property. Mr. Rosenberger stated that a lot of entrances in this area would cause problems but if Mr. Scully was promised an entrance he would agree with Mr. Stiles. 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 Site Plan No. 032 -78 of Allen Properties, Inc. (Thomas Scully) located off Route 277 in the Opequon Magisterial District for a retail store. The above resolution was defeated by the following recorded vote: Aye - Kenneth Y. Stiles, Will L. Owings, and Thomas B. Rosenberger. Nay - R. Thomas Malcolm, Dr. Raymond L. Fish, and S. Roger Koontz. Mr. Scully requested that the site plan be reconsidered and Mr. Koontz advised that it could be considered again at the next meeting if the applicant so desires. MEETING WITH THE INDUSTRIAL DEVELOPMENT AUTHORITY POSTPONED Mr. Koontz announced that the meeting with the Industrial Development Authority had been postponed. EXECUTION OF DEED FOR STEPEHNS CITY PARK ROAD - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owings, BE IT RESOLVED, By the Frederick County Board of Supervisors that the County Administrator is hereby authorized to execute the necessary deed with the Virginia Department of Highways and Transportation for the entrance road to the Stephens City Park in order that the road might be accepted by the Virginia Department of Highways and Transportation for maintenance. 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. ENERGY CONSERVATION RESOLUTION APPROVED Upon motion made by Dr. Raymond L. Fish and seconded by Kenneth Y. Stiles, BE IT RESOLVED, By.the Frederick County Board of Supervisors that in accordance with the request of the Governor of Virginia, this governing body through resolution is urging that citizens and County employees observe the following policies to be in effect until rescinded by this Board: 1. That all agencies using County Vehicles, except law enforcement agencies or emergency vehicles, reduce by 10% the mileage traveled by these vehicles in an average month and be able to substantiate this reduction by records. r L • L • • • 77 2. That purchasing agents for the County purchase, whenever possible, only low energy type lamps for replacement of burned out bulbs. 3. Urge the adherence of the 55 miles per hour speed limit and remind citizens that the Governor has urged the police to strictly enforce this limit. 4. Any employee convicted for exceeding the speed limit in a County vehicle will be called upon to explain the reason. Two convictions will constitute grounds for dismissal. 5. Urge citizens to leave their cars at home one day a week whenever possible. The above resolution was passed by the following recorded vote: Aye - • . Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, Thomas Malcolm, and Kenneth Y. Stiles. BUDGET DELIBERATIONS Sheriff's Department The Sheriff presented a chart indicating a breakdown of his budget and i • personnel stating that the total proposed budget is $744,849 of which amount $471,536 is the State share and $273,313 is the County share. He stated that there are four CETA positions he wuld request be picked up. Sheriff Mauck advised that the full cost of salaries would be picked up by the State next year. Mr. Stiles stated that he was not in favor of picking up CETA people but e felt this might be a psecial situation inasmuch as their salaries would be icked .up. next_ year by.:the. state. The Board thanked the sheriff for his presentation. New Pool for.Clearbrook Park Discussed Mr. Ned Cheely, Parks and Recreation Director appeared before the Board and utlined the cost of two types of pools which could be constructed at Clearbrook ark stting that the cost of the quad pool concept would be $189,792 and the Z -pool would be $182,000. Following a brief discussion, the Board requested the Parks and Recreation • • to also investigate the possibility of a liner pool. Director to investigate the posibility of developing the project in phases and BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by Thomas B. Rosenberger, seconded by Kenneth Y. Stiles, and )assed unanimously, the Board retired into executive seession in accordance with ction 2.1 -344, Subsection (a) (1) of the Code of Virginia, 1950, as amended, to iscuss personnel. BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by Kenneth Y. Stiles, seconded by Thomas B. Rosenberger, passed unanimously, the Board withdrew from executive session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by Kenneth Y. Stiles, seconded by Thomas B. Rosenberger, passed unanimously, the Board reconvened into regular session. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN TO APRIL 4, 1979, AT 7:00 P.M. TO CONTINUE BUDGET II DELIBERATIONS. s