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HomeMy WebLinkAboutSeptember 12, 1979178 A Regular Meeting of the Board of Supervisors of the County of Frederick, Virginia, was held on the 12th day of September, 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. ABSENT: None CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by the Reverend David Knight of the Christ Episcopal Church. APPROVAL OF MINUTES Upon motion made by Will L. Owings and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the minutes of the Regular Meeting held on August 22, 1979 and the Special Meeting held on August 31, 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, R. Thomas Malcolm, and Kenneth Y. Stiles. SUPPLEMENTAL APPROPRIATION - $403,261 - CONSTRUCTION OF NEW SENIOR HIGH SCHHOL - APPROVED Mr. Rosenberger stated that the final cost of the new high school has been determined and there would be no additional estimates or guess work. He stated that he felt the study of the cost factor of this school has been as great as any public building in Frederick County. Mr. Renalds then presented the following cost breakdown as submitted by the School Board and the Contractor: JAMES WOOD HIGH SCHOOL - APPLE PIE RIDGE CAMPUS General Conditions and Supervision Excavation and Site Work Concrete Work Structural Steel and Miscellaneous Metals Masonry Work including Architectural Concrete, Wall Insulation, etc. Roofing, Waterproofing & Roof Insulation Carpentry and Millwork Hollow Metal, Hardware, Special Doors, Windows and Glass Painting and Caulking Floor Covering and Floor Finishes Ceiling Finishes Elevator Plumbing Heating, Ventilating & Air Conditioning Construction at Cost 5% Overhead & Profit (2% Overhead & 3% Gross Profit) Bond *Guaranteed Maximum Cost For Construction *Architect $ Engineering Fee Equipment Cost TOTAL *This Guaranteed Maximum Cost for Construction is based on plans and other criteria:lthAt':wvll provide for a complete structure in accordance with plans and specifications as well as primary roads, a secondary access road, and student parking. $ 313,815 930,443 514,665 491,544 863,126 423,238 393,805 142,922 120,200 259,188 124,185 17,545 390,157 1,290,562 $7,179,884 358,994 35,656 $7,574,534 378,727 750.000 $8,703,261 n L J I • • 11 179 Mr. Rosenberger stated that the Finance Committee is satisfied that this final figure will provide the County with.a new, complete high school and that it was the unamimous decision of the Finance Committee to approve ' the requested supplemental appropriation in the amount of $403,261. Mr. Stiles stated that when the Board met with the School Board in February, the additional funding needed was $423,000. He asked what facilities would be included in the new figure of $403,261. Mr. Shockey stated that the figure was less because there was more fill and cut then had been anticipated and they were able to grade a large area to the north to provide adequate recreational facilities for the physical education • 1 classes; that this did not include the football stadium, track or tennis courts but would provide an area for a baseball field. Mr. Owings asked what the expected date of completion was and Mr. Shockey replied that they are aiming for September of 1980. 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 a supplemental appropriation in the amount of $403,261 is hereby approved • for the construction of the new senior high school, said funds to be transferred from the General Revenue Fund to the School Debt & Construction Fund when needed to complete the project. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm and Kenneth Y. Stiles. RESOLUTION - $1,500,000 SCHOOL BOND ISSUE - APPROVED Dr. Melton Wright, School Superintendent, appeared before the Board and stated that the same format, procedure and documents must be submitted for the upcoming bond issue as have been done in the past. He stated that 0 11 the State Treasurer has indicated that he expects the interest rate will L. Fish, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA: 1. It is hereby determined to be necessary and expedient for come in in the general area of the previous issue. contracting a debt in the amount of One Million Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA: 1. It is hereby determined to be necessary and expedient for Dollars ($1,500,000), issuing its school bonds therefore 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 Virginia Public School Authority to ' purchase the bonds at a rate of interest which will produce a differential of not more than 1 /10 if 1% over the net interest cost to the Authority on the bonds which 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 Frederick County to finance capital projects for public schools by • contracting a debt in the amount of One Million Five Hundred Thousand Dollars ($1,500,000), issuing its school bonds therefore 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 Virginia Public School Authority to ' purchase the bonds at a rate of interest which will produce a differential of not more than 1 /10 if 1% over the net interest cost to the Authority on the bonds which 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 180 be awarded [until; the Board of 'Supervisors shall have �approved� ]the rate , of interest, as finally determined, which the bonds are to bear. 3. The bonds shall be dated June 15, 1979, shall be designated "School Bonds, Series of 1979B," shall mature in numerical order in installments of $75,000 on December 15 in each of the years 1980 to 1999, inclusive, without option of prior redemption and shall bear interest payable semiannually on June 15 and December 15 at such rate as may be determined prior to their sale. 4. At the request of the Virginia Public School Authortiy 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 lawfull money of the United States of America at ;.the:principailoff ice of .'United .Vi!rginia Bank, Richmond, Virginia. The bonds shall be countersigned by its Clerk and its seal shall be affixed thereto. 5. The fully registered bonds shall be in substantially the following form: No. R- UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA FREDERICK COUNTY (FORM OF REGISTERED BOND) School Bond, Series of 1979B $75,000 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 SEVENTY -FIVE THOUSAND DOLLARS ($75,000) 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. This bond is one of an issue of $1,500,000 School Bonds, Series of 1979B, 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. 9his bond may be exchanged without cost at the principal office at 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 representative 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 and interest on this bond. • • • • 181 All acts, conditions-and things required by the Constitution and statutes 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, 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 June 15, 1979. COUNTERSIGNED: ----------------------- - - - - -( SEAL ) ----- ------ ------------- - - - - -- Clerk, Board of Supervisors Chairman, Board of Supervisors of Frederick County, of Frederick County, Virginia Virginia 6. Fully registered bonds without coupons may be exchanged at • • I� • 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, hearing 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 countersigned 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 signature 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) No-. UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA FREDERICK COUNTY School Bond, Series of 1979B $5,000 Frederick County, Virginia, for value received, hereby acknowledges itself indebted and promises to pay tb bearer upon presentation and surrender hereof the principal sum of 182 FIVE THOUSAND DOLLARS ($5,000) 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, lZichmond, Virginia. The bond is one of an issue of $1,500,000 School Bonds, Series of 1979B, 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 acts, conditions and things required by the Constitution and statutes 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, 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 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 June 15, 1979. COUNTERSIGNED Clerk, Board of Supervisors Chairman, Board of Supervisors of Frederick County, of Frederick County, Virginia 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 and 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 the Board 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 1 J • • J • 183 J n U r • 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 and2 directedLto ;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. 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. RIDGEFIELD SUBDIVISION, SECTION II - OPEOUON DISTRICT - APPROVED Mr. John Riley presented the plat of Ridgefield Subdivision, Section is II stating that it included 53 lots in the Opequon Magisterial District and that all.approvals have been received. He advised that he had received this date some recommendations from the Highway Department setting forth some erosion control which he felt could be handled administratively through the staff. Mr. Harry F. Stimpson, Jr. and his attorney, Mr. William A. Johnston appeared before the Board and stated that they could see no problems with the recommendations from the Highway Department. Mr. Koontz asked if this property had been included in the survey con- ducted by the Sanitation Authority regardingL: theccapacity : Mr. Stimpson advised that it had been and he had signed a contract in 1974 for 165 connections; that Section I contained 49 lots and this section will contain 53 lots. Lyon motion made by Will L. Owings and seconded by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of Frederi Virginia, does herein approve Ridgefield Subdivision, Section II, containing 53 lots located off Route 277 in the Opequon Magisterial District. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. 18,4 SITE PLAN - C. EDWARD SHIRLEY - STONEWALL DISTRICT - APP Mr. John Riley presented the site plan of C. Edward Shirley and stated that all approvals had been received and the Planning Commission unanimously recommended approval of said plan. He advised that regarding the request of the Highway Department, the Planning Commission felt it was too much of an economic burden to put in a standard commercial entrance for that particular site and recommended gravel and the smoothing down of the dirt pile at this location. Dr. Fish asked if the construction of the new building proposed on the site plan would permit Mr. Shirley to remove the spare parts located on his property and Mr. Shirley replied that it would and everything would then be under cover. Upon motion made by Kenneth Y. Stiles and seconded by Thomas B. Rosen- berger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick; Virginia, does herein approve Site Plan No. 010 -79 of C. Edward Shirley for the construction of a new building for working on equipment on his property located northwest on U. S. Highway 11, about 3.5 miles north of Winchester, Virginia, in the Stonewall Magisterial District, with the stipulation that the entrance to the property be graveled and the dirt pile at this location smoothed down as recommended by the Planning Commission. 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. SITE PLAN NO. 018 -79 - BULBS INTERNATIONAL - STONEWALL DISTRICT - rnnn�s,v n Mr. Riley presented the site.plan of Bulbs International and stated that the changes as recommended by the reviewing agencies had been made as requested. There followed a brief discussion regarding the contract between Mr. Arty Judd the applicant, and Mr. Thomas Gilpin, the owner of the property wherein Mr. Judd had contracted to buy the entire five acre tract but would develop only 2 1/2 acres with the stipulation that if said tract can be subdivided into two 2 1/2 acre tracts within the next seven years, Mr. Gilpin would have the right to purchase the remaining 2 1/2 acres. Mr. Judd advised that he had discussed this contract with his attorney and is satisfied with the provisions set forth therein. Mr. Stiles expressed concern with this arrangment and stated that it appeared that this was a scheme to avoid the planning and subdivision ordinances. He stated that he felt the proper procedure would be for the individuals to apply for subdivision of the property and then submit a site plan for each parcel. Mr. Malcolm asked if the Planning Commission was satisfied with the legal posture of this situation and Mr. Riley replied that they were inasmuch as it is a five acre tract. • U E • I 185 Mr. Stiles then asked when the Sanitation Authority would be able to I provide services to this area and whether or not the developer would be required to hook onto said service. Mr. James Diehl, Chairman of the Frederick County Sanitation Authority, stated that the target date for services in this area is next spring and'they would be required to hook onto the service. Mr. Judd stated that he0desired to hook onto the service and this had been discussed. The submission of a more detailed master plan for this park was dis- • cussed as well as the deed covenants set forth for the park. Mr. Gilpin stated that they would be happy to try to refine the plan but did not want to be so restrictive as to prevent a large industry from locating in the park. Mr. Malcolm stated that he felt it should be noted that the Board has • requested a.more detailed master plan and that this plan should be filed so that problems might be avoided in the future regarding the overall development of this park. Mr. Thomas B. Rosenberger asked if the residential area shown on the prior plat had been removed and Mr. Tyson Gilpin stated that this had been discussed but.it has not yet been determined which type development would be most feasible for this area. Mr. Stiles stated that a`.large part .'of. -this ;area is .very 'wet. -He then • • asked Mr. Judd how much traffic would be generated by his proposed business and Mr. Judd stated that there would be very little traffic inasmuch as their deliveries are made by UPS daily and.there would be only two or three employees. He then explained the business and the products he would be dealing with stating that they would be primarily replacement parts such as lamps,.horns, etc. for motorcycles. Mr. Stiles expressed concern regarding the potential traffic hazard which would be created at the intersection of Welltown Pike and Route 11 wh all 500 acres in this area are developed. He stated that eventually Well - town Pike may have to be widened to provide access. He asked if the developers were prepared to do this and Mr. Gilpin replied that they would certainly 'try to apply for industrial access funds and that it was his understanding that they would be responsible for the roadways from their property to the state road and then it became the state's responsibility. He added that he had discussed this matter with Mr. King and had been advised that they are in the process of..getting a traffic count on this road at the present time; that the 1979 count for Welltown Pike was 1900 cars per day whereas the count to Mr. Stine's property was 3200 cars per day. Mr. Stiles stated that he would move to approve this site plan but he did not like the procedure which was being followed in this development; that he felt it should be subdivided first and then site plans submitted. Mr. Rosenberger seconded the motion stating that he had asked Mr. King to put this road into the six year plan and Mr. King had advised that he did not think it was necessary. ■ i Upon motion made by Kenneth Y. Stiles and seconded by Thomas B. Rosen- berger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve Site Plan No. 018 -79 of Bulbs International to construct an office and storage building 85' x 60' with 9 parking spaces, landscaping and access to the site from Lenoir Drive on their property locat 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. FINANCE COMMITTEE RECOMMENDATIONS Mr. Rosenberger presented the Finance Committee recommendations and the following action was taken: TE OFF OF OVERPAYMENT OF SALES TAXES TO STEPHENS CITY AND MIDDLETOWN - A!l[ILT 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 whereas.Local Sales Tax transmittals to the towns of Middletown and Stephens City have been made according to distribution formulas which had not been updated as required; and, WHEREAS, This resulted in overpayments to the above referenced towns in the amount of $7,859.45 to Stephens City and $3,281.64 to Middletown; and, WHEREAS,the distribution formulas have been corrected as of January 1, 1978, NOW THEREFORE BE IT RESOLVED, By the Frederick County Board of Supervisor that the County does herein absolve the towns of Middletown and Stephens City from repaying the proceeds of Local Sales Tax distributed to-them in error by the County of Frederick as set forth above. 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. - $2,250 BUILDING RENTAL FEE Upon motion made by Thomas B. Rosenberger and seconded by Kenneth Y. Stiles, BE IT RESOLVED, By the Frederick County Board of Supervisors, that a building rental fee for housing the Commonwealth Attorney's office is hereby approved in the amount of $250.00 per month effective October 1, 1979; and, BE IT FURTHER RESOLVED,.That a transfer from the Reserve for Contingenci account is hereby authorized in the amount of $2,250.00. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. FROM CONTINGENCIES TO ADJUST TWO SALARIES IN SHERIFF'S DEPARTMENT AND THE ADDITION OF ONE POSITION EACH TO THE • • • r FINANCE DEPARTMENT AND DATA PROCESSING DEPARTMENT - APPROVED 187 • E n LJ u 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 the following appropriation transfers from the Reserve for Contingencies account are hereby authorized in order to adjust the salaries of two positions within the Sheriff's Department, retroactive to July 1, 1979, and to add one position each to the Finance Department and Data Processing Department: 01- 01DO -110E Compensation of Account Clerk II $ 6,301.00 01- 01DO -221A Schools and Training 115.00 01- 01DO -319A Office Supplies 24.00 01- 01DO -403A Furniture and Fixtures 685.00 01- 01D0 -405A Office Equipment 375.00 01- 01FO -110F Compensation of Programmer 6,622.00 06- 06AO -11OJ Compensation of Sergeant 427.00 06 -06AO -1105 Compensation of Sergeant 413.00 TOTAL $14,962.00 Mr. James Boyd advised that the two positions requested by the Finance Department and the Data Processing Department were necessary inasmuch as the entire accounting system had to be revamped according to state mandate and the present staff in these departments is not adequate to accomplish this requirement. SALARY ADJUSTMENT ASSISTANT REGISTRAR - APPROVED Mr. Rosenberger stated that the Finance Committee recommended a salary adjustment for the assistant registrar and that at such time as the condit of the General Registrar is known this matter would be reevaluated. Leon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, By the Frederick County Board of Supervisors that the salary of the Assistant Registrar is hereby authorized at $32.00 per day effective October 1, 1979; and, BE IT FURTHER RESOLVED, That the County Administrator is hereby authorized to make the necessary appropriation transfers within the 1979- 1980 budget of the Board of Elections to effect the above rate. 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 THE REGIONAL LIBRARY BOARD - DISCUSSED The Board discussed the appointments to the Regional Library Board and agreed that nominations to the Board should be given to the Board's Library Committee members,.Mr. Rosenberger and Dr. Fish, for consideration and recom mendation to the Board. The Board also agreed that the terms of the members of the Regional Library Board should be staggered. Mr. Koontz stated that he hoped these appointments could be made in October. TION PE MEMBERSHIP ON THE - DENIED RTSY. k Dr. Fish stated that the resolution permitting expansion of the Fred- erick County School Board to seven members had been under consideration for ff i PROLO some time by the Board and he felt it was very important and would have far - reaching ramifications. He stated that he felt it was possibly one of the most important things this Board could do during their term of office. Dr. Fish stated that he felt this expansion would give the people of the County a greater voice in the school system which he felt was needed; it would improve the relationship between the School Board and the Board of Supervisors; that it would give the School Board a better opportunity to express themselves and to gain some further credibility in the County and with the Board. He added that he felt it was imperative that this resolution be passed for these reasons. Dr. Fish then requested that the Chairman and Mr. Malcolm abstain from voting on this issue as they did on the appointment of the school board member in the recent past due to the possible questions of bias they might have in this matter. Ms. Rosenberger stated that he too felt this was a most important reso- lution and would be good for the County; that he felt it would put the people in closer contact with the Board of Supervisors and the School Board. He added that he felt the County was large enough now to require seven members on the School Board. Mr. Owings.stated that he agreed with Dr. Fish that this was one of the most important decisions the Board would make and since it is that important and the matter as to whether or not two members of the Board may vote is in litigation, he felt nothing should be done until this particular question has been determined by the Court. Mr. Owings added that he was not satisfied that 1/3 of the members of the Board could not participate in a matter of such importance. Dr. Fish stated that Mr. Owings had assured him he would vote for this if it were held up and Mr. Owings stated that the matter of whether or not two members could vote on the issue was not in litigation at that time; that he felt the matter should not be brought up until such time as the matter is settled. Dr. Fish stated that it seemed to him that because of all this con it would be all the more important to get the matter settled and if the Board does not make a decision while they have the opportunity. He added that he felt they were failing to exercise their opportunity to improve the situation and would be remiss in their job. Mr. Owings replied that he could not vote on this issue when it has not been determined whether or not 1/3 of the Board is eligible to vote. Mr. Stiles stated that he was very;suppor.tive of`.this.res6lution talked to a great many people about it and the overwhelming majority are in favor of this course of action as a means of increasing communications and participation between the School Board, the public and the Board of Super- visors. He stated that in the matter of whether or not Mr. Malcolm and Mr. Koontz may vote on this issue, every officiallle gal .opinion -- .receiued , tstated : t that they may not vote. He added that both of these members knew of this situation before they ran for office and are in possession of both opinions received, one in 1975 and the other last spring. Mr. Stiles stated that it • • • • n IJ • n LJ r1 LJ may take two to three years to resolve this matter in Court. He added that he felt this situation was comparable to the expansion of the Board of Supervisors when the Chairman at Large was added and he felt this had worked out very well in his opinion and to not do the same thing in this case is to say that it would not serve the County well to have an at Large Chairman. Dr. Fish stated that the reason he ran for the Board of Supervisors was because he felt the average taxpayer in Frederick County did not have much voice in this government, particularly the running of the school system. He stated that many people feel intimidated about going to the School Board with problems and he felt this was one way to relieve this feeling. Mr. Malcolm stated that he felt this whole matter'.had" political : ramifi- cations and it would appear obvious that this is to take advantage of the situation that surrounds the current court case. He suggested that the matter be delayed until after the election in November if everyone is really interested in accountability. He stated that he felt it was para- mount to establish that at the time of the last appointment to the School Board seven names were submitted but only one was publicly discussed. Mr. Malcolm pointed out that should the matter be voted upon, it would be the vote of four people and not six and would not provide for much countywide representation when you consider the appointment which has just been made and the one which will soon be made. Mr. Malcolm stated that he questioned the wisdom of the full Board knowingly and willfully excluding 1/3 of its membership in something of this importance. He stated that he was not sure it would be wide to have more appointed school board members than elected governing body members. He stated that he and Mr. Koontz were aware of the opinions received when they ran for office, but he would point out that they were just that, opinions, and one changed in a very short period of time and that the matter would have to be resolved through the legal process. He stated that throughout the state only 458 of the school systems have at large members or are larger than the elected governing body. He added that he hoped that the Board would want to find out where we stand legally on this question and not rush to take advantage of the situation because at this time 1/3 of the membership of the Board is being held in abeyance. Mr. Stiles replied that 1/3 of the membership is holding itself in abeyance and as far as the school board membership being larger than the governing body, this is the case with the Planning Commission so perhaps the membership on that body should be reduced. He added that insofar as only 458 of the school systems having this method, it has only been six or seven.years that this method was possible and the trend is clearly in this direction. Mr. Stiles stated that as far as the people in Mr. Malcolm' district being disadvantaged, the referendum was passed 2 to 1 in his district regarding appointment of the school board. He stated that there 1< 190 is no conflict in any of the opinions received. Mr. Rosenberger stated that he felt the Board should vote for what is best for the children and not on politics in this issue and that his vote would be motivated only by his concern for what is best for the school system and the people in the County. Mr. Koontz stated that he felt this was a very good point and that he could find nothing which states 'more is better'; that it is the quality of the membership and not the number. He stated that he felt this matter was motivated for other than the improvement of education and therefore he could not support this resolution. He stated that he was extremely disappointed to hear references made by members politicking and getting promises. He added that he had never approached any of the Board members to get a vote on any issue. Mr. Rosenberger stated that the last time the Board voted on the school proposition, the Chairman had called and asked him to second the motion and Mr. Koontz stated that this was correct but he had never brought any pressure upon Board members. Dr. Fish stated that he felt the Chairman was treading on extemely dangerous ground when he makes statements such as the one made tonight. He added that if the Chairman felt there was any other motivation in this matter other than the improvement of the educational system and the tax- payers, he would challenge him to state what that motivation is. The Chairman replied that this was his opinion and he would vote accordingly. Dr. Fish stated that he would respectifully suggest that what this business of government and this Board of Supervisors is all about is fairness to its members and fairness to the people who put them there. Mr. Stiles stated that he totally rejected the idea that this matter was motivated for other than concern for improving the school system in Frederick County and anyone who felt otherwise should so state. Mrs. Madge Wade, President of the Frederick County Education Association, appeared before the Board and stated that the teachers in the County are neither for or against this resolution and it appears that what is being done in an attempt to railroad the motion in. She - s urged the Board - to;delay - this ;• matter until after the election so that there could be accountability to the people and the current litigation is resolved. Dr. Fish stated that he felt the sooner it was done, the better and he did not feel this responsibility should be pushed off onto the next Board. i Mr. Stiles stated that to delay decisions because of an upcoming election I was shirking the duties of office and all supervisors should serve their entire four year term. He added that he felt this matter had been delayed too long already. Mrs. Wade stated that she i would prefer and felt a lot of other people would also prefer, that this matter be decided by the new Board. She asked that the Board find out how the people felt and let them decide. • • • • i 191 Mr. Stiles stated that before he voted he would make note that the conflict of interest act has two separate penalties, one for violating the conflict of interest act and secondly for knowingly violating the conflict of interest act. Upon motion made by Dr. Raymond L. Fish and seconded by Thomas B. Rosenberger, BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, • • Virginia, that the School Board be expanded to seven members by adding two members from the county at large; and, BE IT FURTHER RESOLVED, That these two at large members be appointed to staggered terms in accordance with Section 22 -64 of the Code of Virginia, 1950 as amended. The above resolution was denied by the following recorded vote: Aye - Dr. Raymond L. Fish, Thomas B. Rosenberger and Kenneth Y. Stiles. Nay - S. Roger Koontz, R. Thomas Malcolm, and Will L. Owings. REQUEST THAT GORE TELEPHONE SERVICE AREA BE INCLUDED IN THE WINCHESTER FREDERICK COUNTY EXCHANGE TO BE FORWARDED TO THE UNITED STATES DEPART- Upon motion made by Kenneth Y. Stiles and seconded by Thomas B. Rosenberger, BE IT RESOLVED, By the Frederick County Board of Supervisors that the Board does hereby request the United States Justice Department to allow special consideration for the Gore telephone exchange area in Frederick County, Virginia, to permit the Chesapeake and Potomac Telephone Company to expand its territory to serve the 294 telephones within this service area in order that residents of the area might be able to have local phone service within the confines of Frederick County; and, BE IT FURTHER RESOLVED, That the Board does request the State F_ 1 LJ Corporation Commission to take note of this problem and give consideration to ordering transfers of these phones in the Gore Service area to Chesapeake and Potomac Telephone Company and does further request that any public hearings which might be held on this matter in relationship to the Gore telephone exchange be held in the Winchester area rather than in Richmond; and, BE IT FURTHER RESOLVED, That the Board does herein make note of the U fact that due to the Gore telephone exchange being excluded from the Frederick County service area, the "911" Emergency Telephone System will be delayed for approximately one year in the Gore service area after implementation in the remainder of Frederick County. 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. INGELO FUNKHOUSER - TEMPORARY OCCUPANCY PERMIT - APPROVED NY. Renalds explained the request for temporary occupancy permit for Mr. Angelo Funkhouser stating that this permit would be valid only un- til such time as his application for conditional use permit can be process -I 192 ed. Mr. Malcolm stated that way be an indication of what use permit. his permit be granted it would in no will be on the conditional Upon motion made by Kenneth Y. Stiles and seconded by Will L. Owings, rBE:IT FURTHER RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein grant a temporary occupancy permit to Mr. Angelo Funkhouser to occupy his mobile home located at 112 Lee Avenue, Winchester, Virginia, until such!time as his application for conditional use permit can be processed. The above resolution was palsed by the following recorded vote: Aye - I S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, I R. Thomas Malcolm, and Kenneth Y�. Stiles. I EVERETT EMERSON - REQUEST FOR AMENDED SITE PLAN - TABLED Mr. Stiles stated that Mr. Everett Emerson had requested that his site plan be amended to remove the requirement for ribbon in the fence around his property. He stated that the other property owners had not been required i to meet this requirement and helfelt some of Mr. Emerson's problems had ariser out of a misunderstanding with some of the staff members. W. Stiles then moved to amend Mr. Emerson's site plan to remove the requirement for ribbon in the fence around his property. This motion was i seconded by Mr. Rosenberger. i W. Malcolm moved to table this matter until such time as the request i is processed through proper channels. This motion was seconded by Will L. Owings -and passed unanimously. j Mr. Stiles requested Mr. Pangle, Public Works Director, to reply to I Mr. Emerson regarding this matter. REPORT - INSPECTION OF AMOCO PLANT Dr. Fish, Mr. Owings and Mi. Riley reported that they had toured the Amoco Plant located in Chippewa Falls, Wisconsin and had found it to be a very clean and desirable industry. They described briefly the operation and appearance of the plant. DELINQUENT TAX LIST PRESENTED TO BOARD Mrs. Dorothy Keckley, Treasurer, appeared before the Board and presented the delinquent tax list and requested that it be returned to her as soon as possible inasmuch as it must be filed in the Clerk's Office. i "911" EMERGENCY TELEPHONE SYSTEM TO BE IN EFFECT BY JULY 1980 Mr. Renalds reported that the "911" Emergency Telephone System will be in effect in the Frederick County area, other than Gore, by July 1980 and that the Gore area would be served by July of 1981. Following a brief discussion the Board directed that the fact that the Gore area would be one year later receiving this service than the remainder of the County be added to the resolution to the United States Department of Justice regarding inclusion of this area in the C. & P. Telephone Company Service area. 11 J • 11 193 FIRST AND SECOND READINGS Mr. Renalds presented the following ordinances on first and second reading: 1. CONDITIONAL USE PERMIT NO. 017 -79 OF DENNY'S INC. ROUTE 7 BOX 81, WINCHESTER, VIRGINIA, ZONED BUSINESS - GENERAL (B -2) REQUESTING A CONDITIONAL USE PERMIT FOR AN OFF PREMISE SIGN. THIS PROPERTY IS DESIGNATED AS PROPERTY INDENTIFICATION NUMBER 55 (A) 34 AND IS IN STONEWALL MAGISTERIAL DISTRICT. 2. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, ADOPTED JULY 12, 1978, TO AMEND ARTICLE II, SECTION 21 -11 CONDITIONAL USE PERMITS. 3. ZONING MAP AMENDMENT PETITION NO. 010 -79 OF THE FREDERICK COUNTY PLANNING COMMISSION FOR RICHARD AND LEONA NICHOLSON, ROUTE 1, BOX 184, WINCHESTER, VIRGINIA, REQUESTING THE 14 • ACRES ON BUFFLICK ROAD NOW ZONED BUSINESS - LIMITED (B -1) BE REZONED AGRICULTURAL - GENERAL (A -2). THIS PROPERTY IS DESIGNATED AS PROPERTY INDENTIFICATION NUMBER 64B (A) 38 AND IS LOCATED IN SHAWNEE MAGISTERIAL DISTRICT. BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by R. Thomas Malcolm, seconded by Dr. Raymond L.'Fish and passed unanimously, the Board retired into Executive Session in accordance with Section 2.1 -344, Subsection (a) (1) of the Code of Virginia of 1950 as amended to discuss personnel. BOARD WITHDRAWS FROM EXECUTIVE SESSION • Upon motion made by Thomas B. Rosenberger, seconded by Kenneth Y. Stiles, and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by Thomas B. Rosenberger, seconded by Kenneth Y. Stilei and passed unanimously, the Board reconvened into Regular Session. Mr. Malcolm stated that the Board had discussed personnel in Executive Session and anticipated appointing Mr. Stanley Pangle, Public Works Director as interim county administrator on September 26, 1979. He stated that in preparation we are asking Mr. Renalds to work with Mr. Pangle prior to that time relative to his functions as interim county administrator. • 7PPOINTMENTS TO BOARD OF ASSESSORS DISCUSSED II W. Stiles asked what the status on the appointment of the assessors was and Mr. Renalds, advised that he had had no further word from the judge on this matter. Mr. Koontz stated that he would check into this matter. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. • 0 3 - 1 - til (��. Chaff man, oafd of pervis rs 1 ,- upervis