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September 13, 1989 Regular Meeting36 `y A Regular Meeting of the Frederick County Board of Super- visors was held on September 13, 1989, at 7:15 P.M., in the Board of Supervisors' Meeting Room, Frederick County Courthouse, Loudoun Street Mall, Winchester, Virginia. PRESENT Kenneth Y. Stiles, Chairman; Robert M. Rhodes, Vice - Chairman; Dudley H. Rinker; Roger L. Crosen; W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by Dr. Ewart Wile of the First Christian Church. ADOPTION OF AGENDA Mr. Riley requested that the following be added to the Agenda: Supplemental Finance Committee Report, A recommendation for the position of the Shawneeland Sanitary District Manager and Request for funds in order to add additional security mea- sures at the old jail in the amount of $2,900. Mr. Stiles requested with the Board's concurrence that two items, Brookland Master Development Plan and Shawneeland's re- quest for $20,000 for repairs to the Lodge be moved forward on the Agenda inasmuch as the majority of the citizens present at this meeting were for those two items. Mr. Rhodes requested time under "County Officials ". Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the Agenda was adopted as amend- ed. APPROVAL OF MINUTES Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the minutes of the Regular Meet- ing of July 12, 1989 were approved as submitted. Mr. Rinker requested that in the minutes of the Regular Meeting of August 9, 1989 on Page 5, third paragraph, that the sentence should read, "Mr. Rinker stated that a park in the Western part of the County has been discussed by the Parks and Recreation Commission." 363 Mr. Orndoff stated that on Page 14, the first item under "Public Hearing ", it should read "Shawnee District" instead of "Stonewall District" and on Page 15, it should read "Stonewall District" instead of "Shawnee District ". Upon motion made by Charles W. Orndoff, Sr., seconded by Dudley H. Rinker and passed unanimously, the minutes of the Regular Meeting of August 9, 1989 were approved as amended. CHESTER A. RENNER APPOINTED TO THE PUBLIC WORKS COMMITTEE Chairman Stiles appointed Mr. Chester Renner, from Gaines- boro District, as a citizen representative on the Public Works Committee to fill the vacancy created by the promotion of Wayne Miller to a full time County employee, said term to expire January 10, 1990. MR. HARMON G. BYRD, SR. NOT ELIGIBLE TO BE REAPPOINTED TO THE SHENANDOAH AREA AGENCY ON AGING - APPOINTMENT TABLED Mr. Rhodes reappointed Mr. Byrd to the Shenandoah Area Agency on Agency with Mr. Smith seconding the motion. Mr. Riley pointed out to the Board that Mr. Byrd was not eligible to be reappointed due to the guidelines of the Agency. This appointment will be decided upon by the Board at a later meeting. FRANK V. SHERWOOD APPOINTED TO THE LORD FAIRFAX SOIL AND WATER CONSERVATION DISTRICT Upon motion made by Roger L. Crosen, seconded by Dudley H. Rinker and passed unanimously, Mr. Frank Sherwood, from Gaines - boro District, was appointed to the Lord Fairfax Soil and Water Conservation District to fill the unexpired term of James F. Garrett, said term to expire December 31, 1989. BEVERLY J. SHERWOOD REAPPOINTED TO THE PLANNING COMMISSION AS A CITIZEN -AT -LARGE MEMBER Upon motion made by Charles W. Orndoff, Sr., seconded by Roger L. Crosen and passed unanimously, Beverly J. Sherwood, from Stonewall District, was reappointed to the Planning Commission as a Citizen -At -Large member, said term to commence October 31, 1989 and expire on October 31, 1993. APPOINTMENTS TO THE BOARD OF ASSESSORS - APPROVED 364 The following appointments were made to the Board of Assessors: Roy E. McDonald, Opequon District Paul Meyers, Stonewall District Robert Howard, Gainesboro District Steve T. Culbert, Shawnee District RECOMMENDATIONS TO THE BOARD OF EQUALIZATION The following recommendations were made to the Board of Equalization: Arthur Dunlap, Jr., Shawnee District John Light, Stonewall District Mike Sandy, Opequon District Harry G. Sirbaugh, Gainesboro District Mr. Rhodes will name his appointees at the Board meeting on September 27, 1989. APPOINTMENTS TO THE LORD FAIRFAX PLANNING DISTRICT COMMISSION - TABLED BILLY GEORGE JONES HIRED AS MANAGER FOR THE SHAWNEE SANITARY DISTRICT Mr. Riley announced that Mr. Billy George Jones, from Gainesboro District, had been recommended by the Personnel Committee to the position of Sanitary District Manager to re- place Wayne Miller who was recently hired as the Zoning Admini- strator. Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, Billy George Jones was hired as the new manager for the Shawneeland Sanitary District effective immediately. MR. RHODES REQUESTED THAT STOP SIGNS BE ERECTED AT THE INTERSECTION OF CEDAR CREEK GRADE- MERRIMANS LANE - JONES ROAD BY THE HIGHWAY DEPARTMENT AND LOWERING OF SPEED LIMIT ON CEDAR CREEK GRADE FROM MEADOWBRANCH DEVELOPMENT INTO THE CITY OF WINCHESTER Mr. Rhodes explained that due to earlier accidents and the most recent accident wherein two lives were lost he would like to request that the Highway Department erect stop signs immedi- ately at this intersection and that the speed limit be lowered on Cedar Creek Grade where noted and that all of this be forward- ed to the Transportation Committee for their review and recommen- dation. Mr. Crosen seconded Mr. Rhodes' motion and the vote was unanimous for approval. 365 RESOLUTION REQUEST FROM THE CHARLOTTE COUNTY BOARD OF SUPERVISORS - APPROVED Upon motion made by Roger L. Crosen, seconded by W. Harrington Smith, Jr. and passed unanimously, the following resolution was approved: WHEREAS, Volunteer Fire Departments are the sole source of emergency fire fighting in the rural areas of Virginia; and WHEREAS, These dedicated volunteers contribute an exten- sive amount of time and energy to training and the protection of the citizens of rural Virginia; and WHEREAS, Funding for equipment, insurance and general operational expenses are already becoming an overwhelming burden to the local fire companies and the localities who support them; and WHEREAS, The adoption of the National Fire Protection Association 1500 Standard, although well- intended, would require additional training for and expense to local volunteer fire companies; and WHEREAS, The Charlotte County Firefighters Association has indicated to the Charlotte County Board of Supervisors that the adoption of NFPA 1500 would result in loss of manpower and possibly result in the termination of volunteer fire companies as they now exist, THEREFORE, BE IT RESOLVED, That the Charlotte County Board of Supervisors requests that the Virginia Fire Services Board, while studying the feasibility of adopting NFPA 1500 as set forth in House Joint Resolution No. 351, take into consideration the impact that such a standard could have on rural volunteer fire companies and recommend to the 1990 Session of the General Assembly that NFPA 1500 be rejected. AMENDED RESOLUTION RE: NORTHWESTERN COMMUNITY SERVICES APPROVED Upon motion made by Charles W. Orndoff, Sr., seconded by Dudley H. Rinker and passed unanimously, the following resolu- tion was approved: WHEREAS, Chapter 10 (Community Mental Health, Mental Retardation, and Substance Abuse Services), of Title 37.1 -10 of the Code of Virginia as amended, provides for the establishment of a community mental health, mental retardation, and substance abuse services program; and, WHEREAS, Section 37.1 -10 of said Code requires the establishment of a Community Mental Health, Mental Retardation, and Substance Abuse Services Board when a community mental health, mental retardation and substance abuse services program is established; and, WHEREAS, it is the desire of the Board of Supervisors of Frederick County, Virginia, to establish such a program and Board, with the intent of implementing the provisions of the aforesaid Chapter 10 of Title 37.1 -10 of the Code of Virginia as amended; NOW, THEREFORE, BE IT RESOLVED, that there be establish- ed by the Board of Supervisors of Frederick County, Virginia, in conjunction with the local governments of the Counties of Clarke, Warren, Page, Shenandoah, and the City of Winchester, a community mental health, mental retardation and substance abuse 366 services board to be known as the Northwestern Community Mental Health, Mental Retardation ans Substance Abuse Services Board. The Northwestern Community Mental Health, Mental Retarda- tion and Substance Abuse Services Board shall consist of 15 members to be appointed by the Board of Supervisors of the Counties and City represented. 1/3 members for a period of three years 1/3 members for a period of two years 1/3 members for a period of one year Jurisdictional representation shall be as follows: Clarke County Frederick County Warren County Shenandoah County Page County City of Winchester 2 members 3 members 2 members 3 members 2 members 3 members 15 members The term of each member of the Board after the initial appointments shall be for three years from January 1 of the year appointed, except that vacancies shall be filled for the balance of an unexpired term. FROM PARRS AND RECREATION DEPARTMENT RE: Mr. Riley presented this request and noted that these funds in the amount of $500 be used for a back up contract if the present contract on this property does not go through. Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes and passed unanimously, the above request was approved. DATES SET FOR PUBLIC HEARINGS ON PLANNING DEPARTMENT REZONINGS Upon motion made by Robert M. Rhodes, seconded by Roger L. Crosen and passed unanimously, Rezoning Application #010 -89 of Wilkins Development Corporation will be heard on October 11, Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes and passed unanimously, Rezoning Application #012 -89 of the Top of Virginia Development Corporation will be heard on October 25, 1989. Upon motion made by Dudley H. Rinker, seconded by Charles W. Orndoff, Sr. and passed unanimously, Rezoning Application #013 -89 of Capitol Properties, Inc. will be heard on October 11, Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Rhodes and passed unanimously, Rezoning Application 367 #014 -89 of Mrs. Bruce E. Downing will be heard on October 11, 1989. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, Rezoning Applica- tion #017 -89 of Lynn E. Tedrow will be heard on October 11, 1989. II Upon motion made by Roger L. Crosen, seconded by Dudley H. Rinker and passed unanimously, Conditional Use Permit #012 -89 of Charles and Dolores Middleton will be heard on October 11, 1989. It was the consensus of the Board that all conditional use permits in the future will be done at the second Board meeting of each month. RESOLUTION AND AGREEMENT RE: APPOINTMENT OF ALTERNATE MEMBERS TO THE REGIONAL JAIL BOARD - APPROVED Upon motion made by Robert M. Rhodes, seconded by Roger L. Crosen and passed unanimously, the following resolution and agreement was approved: WHEREAS, Clarke County, Frederick County and the City of Winchester entered into an Agreement dated the 20th day of October, 1987 for the creation and establishment of the Clarke, Frederick and Winchester Regional Jail; and WHEREAS, the County of Frederick desires to amend said Agreement to provide for the appointment of alternate members of the Regional Jail Board in accordance with the terms of the Amendment to Agreement attached to this Resolution. NOW, THEREFORE, the Board of Supervisors of Frederick County, Virginia, does hereby approve the appointment of alternate members of the Regional Jail Board and does hereby approve the attached Amendment to Agreement and does authorize and direct the County Administrator to execute the attached Amendment to Agreement on behalf of the County of Frederick. THIS AMENDMENT TO AGREEMENT dated this day of , 1989, by and between the CITY OF WINCHESTER, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as WINCHESTER, party of the first part; THE COUNTY OF CLARKE, a political subdivision of the Commonwealth of Virginia, party of the second part, hereinafter referred to as CLARKE; and THE COUNTY OF FREDERICK, a political subdivision of the Commonwealth of Virginia, party of the third part, hereinafter referred to as FREDERICK. W I T N E S S E T H WHEREAS, Winchester, Clarke and Frederick entered into an Agreement dated the 20th day of October, 1987, for the creation and establishment of the Clarke, Frederick and Winchester Regional Jail; and WHEREAS, the Council of the City of Winchester by resolution adopted on , 1989, approved the appointment of alternate members of the Regional Jail Board and approved the entering into this Amendment of Agreement; and 368 WHEREAS, the Board of Supervisors of the County of Clarke, by resolution adopted on , 1989, approved the appointment of alternate members of the Regional Jail Board and approved the entering into this Amendment of Agreement; and WHEREAS, the Board of Supervisors of the County of Frederick by resolution adopted on 1989, approved the appointment of alternate members of the Regional Jail Board and approved the entering into this Amend- ment of Agreement. NOW, THEREFORE, that for and in consideration of the mutual undertakings of the parties to this agreement, Clarke, Frederick and Winchester hereby covenant and agree that Paragraph 5 of the aforesaid Agreement is hereby amended to read as follows: 5. REGIONAL JAIL BOARD The political subdivisions that are members of the regional jail shall be entitled to representation on the regional jail as follows: - Two (2) members Clarke County; - Three (3) members Frederick County; - Three (3) members City of Winchester. The members shall be appointed by the governing bodies of the respective jurisdictions. Initial appointments by Frederick and Winchester shall be for staggered terms of one (1), two (2) and three (3) years. The initial appointments by Clarke shall be for staggered terms of one (1) and four (4) years. No appointive members shall be eligible to serve more than two (2) successive terms. The governing body appointing any member may remove such member at any time without cause, and appoint his successor. Appointments to fill vacancies shall be for the unexpired terms. Board members shall serve without compensation; however, members may be paid for actual, necessary expenses incurred in carrying out their duties. The governing bodies of the respective jurisdictions may also appoint an alternate for each member appointed to the Regional Jail Board. The term of an alternate member shall be the same as the term of the member for whom the alternate member is appointed. The same person may be appointed to more than one alternate position, but an alternate may act as an alternate for only one member at a given Board meeting. There shall be no limit on the number of successive terms which may be served by an alternate member. The governing body appointing any alternate member may remove such alternate member at any time without cause, and may appoint a successor. Appointments to fill vacancies shall be for the unexpired terms. Alternate members shall serve without compensation, however, alternate members may be paid for actual, necessary expenses incurred in carrying out their duties. Alternate members may attend all meetings of the Regional Jail Board. However, alternate members shall not be permitted to vote or otherwise participate as members in the meetings unless the member for whom the alternate member has been appointed is absent. The Board shall submit annually to the participating political subdivisions a report showing its activities and a budget which shall include all revenues, expenditures, employee compensation schedules and other data requested by the participating jurisdictions. WITNESS the following signatures and seals: CITY OF WINCHESTER 0 By (SEAL) X69 THE COUNTY OF CLARKE By THE COUNTY OF FREDERICK M (SEAL) (SEAL) RESOLUTION AND AGREEMENT RE: TRANSFER OF OPERATION OF FREDERICK- WINCHESTER JAIL TO CLARKE FREDERICK - WINCHE II Upon motion made by Robert M. Rhodes, seconded by Roger L. Crosen and passed unanimously, the following resolution and agreement was approved: WHEREAS, Clarke County, Frederick County, and the City of Winchester entered into an Agreement dated the 20th day of October, 1987, establishing the Clarke, Frederick and Winchester Regional Jail; and WHEREAS, construction of the new regional jail facility is underway but the facility is not yet operational; and WHEREAS, the County of Frederick desires to have the Clarke, Frederick and Winchester Regional Jail operate the Frederick - Winchester Jail as a part of the regional jail until the new regional jail facility is operational, pursuant to the attached Agreement. NOW, THEREFORE, the Board of Supervisors of Frederick County, Virginia, does hereby approve the transfer of the Frederick- Winchester Jail to the Clarke, Frederick and Winchester Regional Jail and does hereby approve the attached Agreement and does authorize and direct the County Administrator to execute the attached Agreement on behalf of the County of Frederick. THIS AGREEMENT dated this day of , 1989, by and between the CITY OF WINCHESTER, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as WINCHESTER, party of the first part; THE COUNTY OF CLARKE, a political subdivision of the Commonwealth of Virginia, party of the second part, hereinafter referred to as CLARKE; THE COUNTY OF FREDERICK, a political subdivision of the Commonwealth of Virginia, party of the third part, hereinafter referred to as FREDERICK; WHEREAS, WINCHESTER, CLARKE and FREDERICK entered into an Agreement dated the 20th day of October, 1987, establishing the Clarke, Frederick and Winchester Regional Jail; and WHEREAS, construction of the new regional jail facility is underway but the facility is not yet operational; and WHEREAS, WINCHESTER, CLARKE and FREDERICK desire to have the Clarke, Frederick and Winchester Regional Jail operate the present correctional facilities of the jurisdictions as the regional jail until the new regional jail facility is operation- al; and WHEREAS, Council of the City of Winchester by resolu- tion adopted on , 1989, approved the transfer of the Frederick - Winchester Jail to the Clarke, Frederick and Winchester Regional Jail and approved the entering into this agreement; and WHEREAS, the Board of Supervisors of Frederick County by resolution adopted on F 1989, approved the transfer of the Frederick- Winchester Jail to the Clarke, 370 Frederick and Winchester Regional Jail and approved the entering into this agreement; and WHEREAS, the Board of Supervisors of Clarke County by resolution adopted on , 1989, approved the transfer of the Clarke County Jail to the Clarke, Frederick and Winchester Regional Jail and approved the entering into this agreement; and NOW, THEREFORE, that for and in consideration of the mutual undertakings to the parties to this agreement, CLARKS, FREDERICK and WINCHESTER hereby agree as follows: 1. The operation of the Clarke County Jail and the Frederick- Winchester Jail is transferred to the Clarke, Frederick and Winchester Regional Jail, the jails to be operated as the Clarke, Frederick and Winchester Regional Jail until the new regional jail facility is operational. 2. Pursuant to §53.1 -109, Code of Virginia, the Superin- tendent of the Clarke, Frederick and Winchester Regional Jail shall have and exercise the same control and authority over the prisoners committed or transferred to the jails as the respec- tive Sheriffs have by law over the prisoners committed to or transferred to their jails. 3. The effective date of the transfer shall be October 1, 1989. WITNESS the following signatures and seal ATTEST: CITY OF WINCHESTER (SEAL( ATTEST: ATTEST: CLARKE COUNTY FREDERICK COUNTY (SEAL) (SEAL) MAINTENANCE FACILITY FOR THE SANITARY DISTRICT TRADED FROM THE STAAP CORPORATION FOR SANITARY DISTRICT FEES IN THE AMOUNT OF 47,500 - APPROVED Mr. Wayne Miller presented this and stated that he is recom - mending to the Board that they accept the offer to buy the main- tenance facility (stockade) in Shawneeland for the agreed price of $47,500 and in return the 1989 Sanitary District fee obliga- tion of the STAAP Corporation will be reduced by a like amount as compensation for this facility. Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Rhodes and passed unanimously, the above recommenda- tion, as presented by Mr. Wayne Miller, was approved. DEED TRANSFERRING THE GORE SCHOOL PROPERTY - APPROVED Mr. Crosen requested that in the second paragraph where it refers to the South side of U. S. Route 50, this could be con- fusing and he suggested that it should read, "on the South side of State Route 751, formerly U. S. Route Number 50 ". Upon motion made by Robert M. Rhodes, seconded by Roger L. Crosen and passed unanimously, the Deed conveying Gore School from the School Board to the Board of Supervisors, as amended, was approved. CORRESPONDENCE FROM THE DEPARTMENT OF AIR POLLUTION CONTROL RE: BOARDS 'S SUITABILITY POLICY STATEMENT Mr. Riley explained that this correspondence was being for- warded to the Board for their information. He noted that it is not the intention of the SAPC Board to become a step in the appeal process for those who wish to challenge a local govern- ment planning or zoning decision or a way for local governments to avoid zoning or suitability discussions. PUBLIC HEARING SALE OF COUNTY OWNED LAND - SULPHUR SPRING ROAD - APPROVED Mr. Steve Owen explained that Mr. and Mrs. Morris had re- quested this land be sold to them in order that they might in- stall a septic system. He further explained that the land in question was approximately an acre and that the Morris' have been taking care of this property for quite a few years, i.e., mowing, etc. There was no public input. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr. and passed unanimously, to sell the one acre as described above to Mr. and Mrs. Morris in order that they might install a septic system. The purchase price shall be equal to all transfer costs, including but not limited to, survey, title search and recorda- tion fees. AN AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 9, FINANCE AND TAXATION; ARTICLE IX, UTILITY TAXES; SECTION 9 -3 -1. THE PURPOSE OF THE CODE AMENDMENT IS TO RAISE THE E -911 TAX FROM SEVENTEEN CENTS TO THIRTY -FOUR CENTS - APPROVED Mr. Riley explained the method of payment for this increase and that it was an increase in the E -911 tariff from seventeen J cents a month to thirty four cents a month on individual tele- phone bills. There was no public input. Upon motion made by Roger L. Crosen, seconded by Robert M. Rhodes and passed unanimously, the following ordinance amendment was approved: AN AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 9, FINANCE AND TAXATION; ARTICLE IX, UTILITY TAXES; SECTION 9 -3 -1 TO READ AS FOLLOWS: 9 -3 -1 A local user fee of seventeen cents (17¢) to each Chesapeake and Potomac Telephone user is hereby adopted. The purpose of this fee is to allow for the implementation of an Enhanced 911 Emergency Telephone System. PLANNING COMMISSION BUSINESS REVISED MASTER DEVELOPMENT PLAN - WAKELAND MANOR - APPROVED Mr. Watkins, Planning and Development Director, presented this request and noted that the.Planning Commission recommended approval. Mr. Rex Wakeman, owner, appeared before the Board and noted that the changes were being done in order to become more cost effective with the construction of the roads and lots. There was no public input. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the revised Master Development Plan of Wakeland Manor was approved. MASTER DEVELOPMENT PLAN - BROOKLAND ESTATES - APPROVED WITH CONDITIONS Mr. Watkins presented this request and noted that the Planning Commission recommended approval contingent upon staff recommendations. Mr. Charles Maddox, of G. W. Clifford Associates, appeared before the Board on behalf of this request and explained what was planned for this development, that of a single family de- tacked cluster and urban development. Mr. Stiles explained that the piece of property shown as Larrick property is under contract and does front on Greenwood Road. He stated that this property is zoned residential and has been since 1973 and the owner could apply for townhouses to be °.37 3 built on this acreage if he so wished, but the owner had decided to build single family housing. Mr. Stiles also addressed the ordinance that deals with the wooded area and the fact the ordi- nance states, and it would not be waived, that seventy five per- cent of the mature trees must remain standing after development. Mr. Stiles explained that the applicant did have a right to connect Milam Drive and Williamson Road, that the Board can ask the developer to forego this, but he felt that this had to be worked out. Mr. Stiles further explained how all the roads and development would be connected, i.e. Hunter Road, Greenwood Road, etc. Mr. Orndoff asked how many lots were in this plan. Mr. Maddox replied 230. Mr. Stiles stated the density is 2.26 per acre. Mr. Watkins noted that the staff supported the waiving of the fifty percent required for the open space but they would suggest that as a condition of waiving this, that the applicant be asked to work with the staff and the Parks and Recreation Department on the trail system that is proposed for the open space. Mr. Maddox replied that this would be stipulated. Mr. Stiles stated that a petition had been received from Mr. Perry Crabill, Jr. wherein the signees are requesting that Milam Drive not be used for through traffic. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr. and passed unanimously, this petition was made a part of the record. The following citizens appeared before the Board: Mr. Perry Crabill opposed Milam Drive being used as an access road to this proposed subdivision, but that he had no problem with the subdivision being developed. Mr. Crabill asked if the developers would build these homes or would the lots be sold to other contractors. Mr. Stiles replied that he could not answer this question but understood that all homes would be very consistent with what 374 is presently in Frederick Heights and would be in the neighbor- hood of $100,000 - $140,000 price range. Mr. Paul Adida, resident of Massie Drive, stated that he was concerned about the traffic on Williamson Road. Mr. Stiles stated that he felt Williamson Road should be added to the Six Year Improvement Plan. Ms. Peggy Hoover, resident of Milam Drive, stated that it had been her experience that a temporary road is never a tempo- rary road, if the right is given to use this road, then it never closes. Mr. Stiles explained that once the connection is made to Williamson Road the connection to Milam Drive will be closed and that this can be tied down in this master plan. Mr. Fogle, resident of Milam Drive, stated that traffic was already heavy on Milam Drive and this development would only increase and he did not feel the residents of Milam Drive need this increased traffic. Ms. Teresa Vaught stated that she had two small children and is very concerned about her children being out on this street with all the traffic. She asked if the roads could not be done first as three years is a long time. Mr. John Dorsey, resident of Frederick Heights, asked what phase of this development would Milam Drive be open for this additional traffic. Mr. Stiles discussed in length the options available as far as access to this development using the various proposed roads as well as existing roads. Mr. Crosen stated that if they are not looking at using Milam Drive on a permanent basis, then he did not feel it should be used at all. He stated that he felt they should give the developer the option of Number 1, build Hunter Run Road for sure, secondly, if it becomes available, tie Hunter Run Road in with Greenwood Road and if this is not possible, make a connec- tion with Williamson Road and this way permanent roads are in place from the very beginning. Mr. Smith replied that he agreed with Mr. Crosen. 375 Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the Master Development Plan of Brookland Estates was approved with the noted conditions as discussed by the Board. Mr. Stiles requested that a copy of the final master development plan be made available to Board members for their review. FINANCE COMMITTEE REPORT - ITEM NUMBER 13 - REQUEST APPROPRIATION IN THE AMOUNT OF $20 FOR REPAIRS TO THE LODGE Mr. Rhodes, Chairman of the Finance Committee, presented this request and noted that the Finance Committee recommended approval with the following stipulation: No funds appropriated until appropriate County Building Officials, Homer Sanders and others whom the Board might deem necessary make a thorough evaluation of the Lodge to determine if the building is structurally sound enough to warrant the appropriation of any funds for repair and stabilization. The following citizens appeared before the Board to address this request: Ms. Dottie Rosenfield stated that she opposed any monies going into the Lodge and did not feel correct and detailed infor- mation had been provided to the residents of Shawneeland by the Sanitary District Committee concerning any repairs to the Lodge. She presented a letter from Mr. Harry Knight of Shawneeland who could not attend this meeting. Mr. Stiles read Mr. Knight's letter wherein he requested that all available funds be spent on the roads in Shawneeland. It was the consensus of the Board that this letter be made part of the record. (This letter is on file in the Office of the County 11 Administrator.) Mrs. Mary Still, member of the Sanitary District Committee, stated that all property owners of record were sent notices of the meeting that the repairs to the Lodge would be discussed. Mr. Smith asked how many notices were sent out. 376 Mrs. Still replied approximately 2,600 notices. Mrs. Barbara Lowman, resident of Shawneeland for twelve years, stated that she did attend the meeting in question and that several property owners from Maryland, Washington D.C. and various parts of Virginia were in attendance. Mrs. Karen Kober, resident, questioned where the figure of $20,000 carne from, who determined this was the amount needed to stabilize the Lodge. She further stated that roads are in very bad need of repair and everyone had been told from the beginning that roads are the number 1 priority. She stated that these roads are needed for those citizens who travel to and from Shawneeland every day in order to get to work. Ms. Mary Eldridge, resident, explained to the Board that she and Ann Stant went door to door securing the signatures of two hundred forty five citizens opposing any monies being spent on the Lodge and further, in order to get some of these names they had to park their cars and walk as the roads were not passible. Mr. Gene Janisch, Chairman of the Advsiory Board, stated that the $20,000 would be used to stabilize the Lodge and the Advisory Board had no intentions of requesting additional funds from the Board, that any further work to the Lodge would be volunteer. Mr. Janisch asked if the Lodge was not stabilized then what would be done with it. Ms. Katrina Sine, new resident of Shawneeland, stated that she had received notice of a meeting and felt the Lodge should be stabilized. Mr. Richard Fenam, resident for thirty years, stated that he felt the Lodge is a historic building and should be stabil- izied. Ms. Kitty Hawkins, resident of Shawneeland for fifteen years, stated that during all this time her road had never been repaired. She stated that the roads are vital and felt the Lodge was too far gone and the money would only be wasted. Ms. Nancy Neble, resident since 1971, and parents being residents since 1970, stated that they had never received any 377 meeting notices concerning the roads or Lodge during this time. She explained the difficult time she has had in trying to get in and out of her road during inclement weather. Mr. Rinker asked if the Sanitary District pays the County anything for the office space they are using at Court Square. Mr. Riley replied no. Mr. Orndoff stated that the calls he had received were fifty -fifty for the Lodge and roads. Mr. Rhodes stated that he felt this is an isolated part of Frederick County, the residents do not have the recreational facilities and water and sewer like other parts of the County. He stated that he felt they needed to be a part of the community just as any other part of the County does. He further noted that he felt a professional opinion on the condition of the Lodge was needed before any funds could be appropriated for the stabilization of the Lodge. Mr. Crosen stated that he was not in favor of spending any Sanitary District funds on the Lodge and he felt this action would only prolong the inevitable. He further stated that if the citizens of Shawneeland are committed to saving the Lodge then they should be able to form together and raise the funds. Mr. Riley asked if the County costs would be recovered for the inspections that would be done by County staff. Mr. Stiles replied that the Finance Committee could work this out. Upon motion made by Robert M. Rhodes and seconded by Dudley H. Rinker, to have professional County staff inspect the Lodge and render their opinion as to what would be involved to stabil- ize the building and that no funds would be appropriated until after this report is received. The above motion was approved by the following recorded vote: Aye - Robert M. Rhodes, Dudley H. Rinker, W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Nay - Kenneth Y. Stiles and Roger L. Crosen. PLANNING COMMISSION BUSINESS CONTINUED RE- DIVISION REQUEST - LAKESIDE ESTATES - LOTS 10, SECTION C - APPROVED 378 Mr. Watkins presented this request and stated that the Plan- ning Commission recommended approval. Mr. Allen Ebert, Surveyor, appeared before the Board on behalf of the petitioner. No one appeared in opposition to this request. Upon motion made by W. Harrington Smith, Jr., seconded by Roger L. Crosen and passed unanimously, the re- division request of Lakeside Estates was approved. MEMORANDUM RE: WAIVING FEES FOR FIRE AND RESCUE SQUADS - APPROVED The Planning Commission recommended approval of a proposal to waive all building construction and development fees for County fire companies and rescue squads. Mr. Crosen stated that this would not be for rental property and he would like for the fee to be waived retroactive to July 1, 1989 to coincide with the fiscal year. Upon motion made by Roger L. Crosen, seconded by W. Harrington Smith, Jr. and passed unanimously, the above request was approved. W. WAYNE MILLER APPOINTED AS THE ZONING AND SUB- DIVISION ADMINISTRATOR Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes and passed unanimously, W. Wayne Miller, Planning staff member, was appointed as the Zoning and Subdivision Administra- tor effective immediately. MEMORANDUM RE: HISTORIC RESOURCES BOARD, MEMBERSHIP AND LENGTH OF TERM - APPROVED Mr. Watkins presented the following memorandum from Kris Tierney, Deputy Planning Director: As the County staff person to the Historic Resources Board I would like to suggest that a liaison member from the Planning Commission and perhaps the Board of Supervisor's as well, be appointed to the H.R.B. The liaison member(s) would not neces- sarily have to have a vote on the Board, but simply be available to express the Planning Commission's and or Board's position/ - concerns on various items of business. I would also like to suggest that Maral Kalbian be appoint- ed to the H.R.B. as an advisory member. Ms. Kalbian is the 379 Architectural Historian working under contract with the Frederick County Historical Society to document the historic sites throughout the County. I feel Ms. Kalbian would be able to contribute unique and valuable input to the Board. Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, Maral Kalbian was appointed to the Historic Resources Board as an advisory member. Finally, the present members of the H.R.B. have requested information as to the lengths of their terms on the Board, as well as a direction statement concerning the role of the HRB. COMMITTEE REPORTS TRANSPORTATION COMMITTEE REPORT Mr. Watkins presented the following report: At their meeting of Monday August 7, 1989, in the Confer- ence Room of the Old County Courthouse, 9 Court Square, Winchester, Virginia, the Transportation Committee took up the following items: At their meeting of August 14, 1989, the Planning Commis- sion made a motion to recommend approval of item numbers 3 and 7 below to the Board of Supervisors. If you have any questions regarding these items please let me know: Review and Discussion of Pr Current Six Year Road Impro r ed Additions to the nt Priorities for ads - No Action Tak The Committee reviewed staff recommendations for additions to the current Six Year Road Improvement List and recommended some minor changes in the ranking of the additions. A copy of the revised list is attached. There was no action taken. Discussion of Proposed Alternatives for Alignment of Route 642, 647 Improvements, as Weil as a Discussion of the Proposed Transportation Network Plan for this Area - No Action Taken The Committee is supportive of the proposed Transportation Plan for the area and has recommended that the Board of Super- visors adopt it as such (see item #2 on the Planning Commission Agenda). There was no action taken. 380 Discussion of Request to Have Old Bufflick Road Posted for No Truck Traffic - Appro The Committee supported this request and recommends the Board of Supervisors adopt the appropriate resolution. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the above recommenda- tion was approved. Discussion of Request for a Routes 655 and 6 - Approv > eed Limit Study of The Committee supported this request and recommends the Board of Supervisors make a formal request of VDOT. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes and passed unanimously, the above recommenda- tion was approved. Discussion of Letter and Petition Surfacing of Route 636 Between Ro Action Taken rdinq Hard- - No The Committee recommends adding this section of the County's priority list for hard surfacing. There was no action taken. Discussion of Letter from the Leary Educational Foundation Inc., Timber Ridge School Regarding Hard Surfacing Improvements to Route 699 - No Action Take The Committee took no action regarding this item. Mr. Crosen stated that there is a short section of road to Timber Ridge School that he would like to see hard surfaced. Mr. Watkins stated that this will be in the Six Year Road Plan. 0++i, o r The Committee endorsed the condemnation of a narrow strip of land between Zuckerman's and the Winchester Drive -In to serve as a second means of access to the Fort Collier Industrial Park. PUBLIC WORKS COMMITTEE REPORT Mr. Orndoff, Chairman of the Public Works Committee, pre- sented the following report: The Public Works Committee met on Tuesday, September 5, 1989, at 7:30 A.M. Present were Board member Charles W. Orndoff, Sr.; Committee member Keith A. Tubandt and Assistant County Administrator Stephen F. Owen. The following items were discussed: 381 Items Requiring Action Recycling Grant #1 - Approved The Committee discussed and recommends Board approval of a landfill fund supplemental appropriation in the amount of $5,000 to participate in a $40,000 regional recycling planning study with the Planning District Commission that will be 50 percent funded by the State. Upon motion made by Charles W. Orndoff, Sr., seconded by Dudley H. Rinker and passed unanimously, the above recommenda- tion was approved. Recycling Grant #2 - Approved The Committee discussed applying for a recycling demonstra- tion grant in the amount of $5,000 to help defray part of the $15,000 underwriting of Project Youth Recycling approved last month. Since the Public Works Committee meeting, staff has learned that the Planning District Commission intends to apply for a $20,000 grant for the region which could include the County's $5,000 project. Because a regional grant would stand a better chance of being approved, staff recommends that the County join with the surrounding Counties on a larger overall grant application. Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Rhodes and passed unanimously, the above recommenda- tion was approved. Landfill Engineering Services Contract - Approved The Committee reviewed and directed several changes to a new joint venture landfill engineering services contract with Foundation Engineering of Virginia and G. W. Clifford and Associates. This would be a sole source procurement of services pursuant to Section 11 -45.D of the Code of Virginia, which also contains notification requirements the County must comply with when it is impractical to solicit proposals. The Committee recommends approval. Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr. and passed unanimously, the above recom- mendation was approved. 38 4 Information Items O Old Jail Heating System Staff advised that proposals were recently solicited for repairing the old jail heating system with Miller and Anderson's proposal being accepted. A supplemental appropriation to fund this project is recommended under the Finance Committee report. Recycling Plans and Tires The Committee discussed the planning of a resource recovery center at the Landfill which should include a tire shredder. Because this project may be nailed down by the end of the calendar year, the Committee recommends waiting on the tire shredder at this time. In the meantime, a tire splitter has recently been purchased by Warren County for $9,000 which may be available on a rental basis. Commissioner of Revenue Request A request from the Commissioner of the Revenue to move his real estate office into the Treasurer's Building Conference Room was tabled until alternatives can be explored. No Response Calls See Attachment 4. Landfill Tonnage See Attachment 5. Landfill Construction Contract 1 Award On Thursday, September 7, bids were opened for Contract 1 at the Landfill which involves construction of the new leachate collection and lagoon system. The 'bids were as follows: Bidder Items 1 -9 Alternate Total C. W. Webb $764,079 $ 74,486 Allegheny 643,405 44,000 L. F. Franklin 585,555 23,530 Perry Engineering 539,716 26,907 (Engineer's Estimate) $528,668 $ 25,000 $838,565 687,405 609,085 566,623 $553,668) Perry Engineering is the apparent low bidder at this point and a contract award will be made upon receipt of the engineer's bid review and contract award recommendation. LAW ENFORCEMENT AND COURTS COMMITTEE REPORT Mr. Crosen, Chairman of the Law Enforcement and Courts Committee, presented the following report: 38 3 The Law Enforcement and Courts Committee met on Thursday, September 7, 1989, 4:00 P.M., in the Conference Room of the Frederick County Courthouse. Present were Roger L. Crosen, Chairman of the Committee; W. Harrington Smith, Jr.; Larry P. Coverstone; Charles R. McIlwee; Sheriff Charles L. Sturdivant; Captain John E. Liggett; Bob Williamson, Bruce Hite, Stanley Seabright and Mike O'Brien of the Sheriff's Department; Darnley R. Hodge, Regional Jail Administrator; Lawrence R. Ambrogi, Commonwealth's Attorney and John R. Riley, Jr., County Admini- strator. The Committee submits the following: Discussion of Sheriff's Department's Reorganizat - Tabled - Approved Later in the Meeting Under the Finance Committee Supplemental Report The Committee discussed the attached reorganization pro- posal with the Sheriff. There were a number of points made with reference to the proposal and after a lengthy discussion the Committee tabled the request until budget submittals for Fiscal Year 1990 -1991. This item was approved later in the Board meeting under the Finance Committee's supplemental report. Discussion of Sheriff's Department's Relocation to the New Jail - No Action Taken The Sheriff presented the attached request for inclusion on the Regional Jail site. The Committee expressed concern about relocating the entire Sheriff's Department (with the exception of Civil process) at the new site. The Committee tabled same for further study. There was no action taken by the Board. Discussion of Mutual Aid Agreement with the Town of The Committee reviewed the attached request from the Town Attorney and recommends approval. Upon motion made by Roger L. Crosen, seconded by W. Harrington Smith, Jr. and passed unanimously, the above recom- mendation was approved. 384 Discussion of Court Services Positions - Approved The Director of Court Services is requesting one additional Work Release Site Supervisor and one Electronic Monitoring Super- visor. Both positions are covered by Work Release fees and an Electronic Monitoring Grant. The Committee recommends approval. Upon motion made by Roger L. Crosen, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. Discussion of Administrative Assistant for the Regional Jail Board - Approved The Regional Jail Administrator presented a request to con- solidate two clerical positions recently approved by the Board into an Administrative Assistant position for the Regional Jail. The Committee recommends approval. Upon motion made by Roger L. Crosen, seconded by W. Harrington Smith, Jr. and passed unanimously, the above recom- mendation was approved. PERSONNEL COMMITTEE REPORT Mr. Rhodes, Chairman of the Personnel Committee, presented the following report: The Personnel Committee met on Wednesday, September 6, 1989, at 3:30 P.M., in the Personnel Office with the following members present: Robert Rhodes, Roger Crosen, Clarence L. Hunter, James Longerbeam, John Riley, Steve Owen and Ann Kelican. The Committee submits the following report and recommendations to the Board of Supervisors for review and consideration: Items Requiring Action Request for Reclassification of the Fire Marshall Position - Approved The Committee recommends reclassification of the Fire Marshall position from Range 17 to Range 19. Upon motion made by Robert M. Rhodes, seconded by Roger L. Crosen and passed unanimously, the above recommendation was approved. uest for New Positions - Division of Court Services - roved Earlier in the Meetina Under Law Enforcement 385 The Committee reviewed the attached requests for two new Case Officer positions in the Division of Court Services and recommends approval of same. This item was approved earlier in the Board meeting under the Law Enforcement and Courts Committee Report. Review of Merit Evaluation - Data Process To be Done at the End of the Meetinq The Committee reviewed the attached merit evaluation of the Data Processing Director and recommends approval as submitted. To be done at the end of the meeting. Items for Information Sanitary District Manager Position The Committee reviewed the application file for the Sanitary District Manager position and scheduled September 11, 1989 to interview applicants for said position. Fire Marshall Position The Committee reviewed the application file for the Fire Marshall position and scheduled September 20, 1989 to interview applicants for this position. FINANCE COMMITTEE REPORT Mr. Rhodes, Chairman of the Finance Committee, presented the following report: The Finance Committee met on Wednesday, September 6, 1989, at 1:30 P.M., in the Conference Room of the Treasurer's building. All members were present. The following require Board action: School Finance Director Request for a School Fund Appropriation Transfer in the Amount of _1,502.0 - The School Finance Director requests a School Fund appro- priation transfer in the amount of $1,502.00 for the completion of two satellite down -link systems. See attached memo. The Committee recommends approval. upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. School Finance Director R Annronriation Transfer in est for a School Fund e Amount of 3,764.00 - Director - ov 386 The School Finance Director requests a School Fund appro- priation transfer of $3,764.00 for maintenance service contracts on two copiers. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. School Finance Director Request for a School Fund Supplemental Appropriation in the Amount of 9,242.74 - The School Finance Director requests a School Fund supple- mental appropriation of $9,242.74. No additional local funds are needed. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. School Finance Director Request for a School Fund Supplemental Appropriation in the Amount of 4,992.0 - ADDroved The School Finance Director requests a School Fund supple- mental appropriation of $4,992.00. No additional local funds are needed. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. Commonwealth's Attorney Request for a General Fund Transfer from Contingency in the Amount of $1,700.00 - The Commonwealth's Attorney requests a General Fund trans- fer from Contingency in the amount of $1,700.00 for enforcement related activities. See attached memo. The Committee recom- mends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. Assistant County Administrator Request for a Needed General Fund Transfer from Con Contingency in the Amount of 1,500.00 - Approved 4D 0 The Assistant County Administrator requests a needed General Fund Transfer from Contingency in the amount of $1,500.00 for a land survey for the old Gore School. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. Sheriff ncv in ee The Sheriff requests a transfer from Contingency of $11,852.66 for wiring repair. See attached memo. The Committee recommends denial. The above request was sent back to the Committee. Treasurer Request for a Petty Cash Increase in the Amount of $100.00 - Approved The Treasurer requests a petty cash increase in the amount of $100.00 to establish another cash drawer for a new employee. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. Director of Division of Court Services Request for a FY89 -90 Division of Court Services Fund Supplemental Aoorooriation in the Amount of $10 - Approved The Director of the Division of Court Services requests a FY 89 -90 Division of Court Services Fund supplemental appropria- tion in the amount of $10,000.00 for a part -time cook. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. The Chairma: from Contin of CLEAN Request for a General Fund Transfer ncy in the Amoun of 2, 00.00 - Approved The Chairman of CLEAN requests a General Fund transfer from Contingency of $2,000.00 to help with start -up costs for the new Teen Center. See attached memo. The Committee recommends uest for a Transfer from Cont of 11,852.66 - Sent Back to approval. 388 Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. County Administrator Request for a Gene Fund Supple- m,-ni-nI Annronriation in the Amount of $ 103,136.72 - The County Administrator requests a General Fund supple- mental appropriation of $103,136.72 for one half of the expenses for the Route 277 water line. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. Handley Library Director Request for a General Fund G„nniPmPntat_ Annronri.ation in the Amount of $38 - The Handley Library Director requests a General Fund supple- mental appropriation of $38,300.00 for the Library. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. Shawneeland Sanitary District Advisory Committee Req uest for a Sanitary District Fund Supplemental Appropriation in the Amount of $20 - Acted Upon Earlier in the Meeting The Shawneeland Sanitary District Advisory Committee re- quests a Sanitary District Fund supplemental appropriation in the amount of $20,000.00 for repairs to the Lodge. See attached memo. The Committee recommends approval. This item was acted upon earlier in the Board meeting. Personnel Director Request for a General Fund Transfer from Contingency in the Amount of 9,634.00 - _ Approved The Personnel Director requests a General Fund transfer from Contingency of $9,634.00 to purchase a new postage machine. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. Clerk's Office Request for a General Fund Transfer in the Amount of $5,000.00 - Approved 389 The Clerk's Office requests a General Fund transfer of $5,000.00 for microfilm equipment. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. Finance Director Request for a General Fund Transfer from Contingency in the Amount of 1,500.00 - Approved The Finance Director requests a General Fund transfer from Contingency in the amount of $1,500.00 for the purchase of a basic copier to be located in the Finance Department for better efficiency. Numerous copies have to be made daily in order to provide proper documentation of our records. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. Assistant County Administrator Requests a General Fund Transfer from Contingency in the Amount of $10 r 637.00 - The Assistant County Administrator requests a General Fund transfer from Contingency in the amount of $10,637.00 to provide a heating system for the Jail. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the request for the transfer of $2,985 from 3301 - 5402 -00 for razor wire fencing at the jail was approved. County Administrator Request for a Transfer in the Amount - 11 The County Administrator requests a transfer of $3,000,000.00 from the General Fund Unreserved Fund Balance to the Regional Jail Capital Project Fund. The Committee recom- mends approval. 390 Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. County Administrator Request for a General Fund Transfer from Contingency in the Amount of $750.00 - Approved The County Administrator requests a General Fund Transfer from Contingency of $750.00 to pay for one half of the cost of a Staff Development Seminar. This seminar will be conducted in March, 1990. It is a joint effort with the City of Winchester. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. Finance Director Request for an Increase in the Mileage Reimbursement Rate to .24 Per Mile - Approved The Finance Director requests an increase in the mileage reimbursement rate to $ .24 per mile. This would make the County's reimbursement comparable to the rate paid by various State agencies. We currently pay $ .21 per mile. The Committee recommended approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. Mr. Rhodes presented the following supplemental Finance Committee Report: The Finance Committee met on Tuesday, September 12, 1989, 4:30 P.M., in the Conference Room located in the Treasurer's Building. Present were Robert M. Rhodes, Chairman of the Committee; Dudley H. .Rinker; Will L. Owings; Barbara Ratcliff, Finance Director; Doris Montgomery and Judy Slaughter with the Finance Department; Sheriff Charles L. Sturdivant; John E. Liggett and Bob Williamson with the Sheriff's Department and John R. Riley, Jr., County Administrator. Committee member Carl F. Fryling was absent. The Committee submits the following: Discussion of Sheriff's Department Reorganization - Approved 391 The Sheriff presented the attached reorganization proposal. The Committee discussed same at length and recommends the follow- ing revised plan be implemented and $112,150 be appropriated: A. No proposed raise in salary shall exceed $4,000 until extensive justification has been presented to justify a higher placement on the scale. Justification will be presented during budget deliberations. B. Secretarial increases will be presented in conjunction with the budget in order to determine compatibility with County scales. C. The proposal as amended will be implemented in two phases to be effective October 1, 1989 and July 1, 1990. D. First phase implementation will require the following funding allocations: Proposed Total 1st Phase To Implement on a 9 month schedule $364,000 Amended $299,067 $149,534 $112,150 E. Upon implementation of Phase 2 the Sheriff's Department will enter the County Merit System and Personnel Plan. Mr. Crosen stated that he had serious difference of opinion over this issue and if the proposal passed at this point it would be because he had been out maneuvered and not because it was a good idea. He stated that this proposal had been unanimously rejected by the Law Enforcement and Courts Committee and he saw no reason why the Finance Committee had to have a special meeting to consider this. He stated that if his personal ideas were rejected that is one thing, but to ignore the unanimous recommendation of the Law Enforcement and Courts Committee he thought was wrong. Mr. Crosen further stated that surplus funds from one year should not be used to fund the first nine months of an ongoing expense, and further it is unfair and inappropriate to look at the salaries of one group of County employees without looking at the salaries of all County employ- ees. He stated that salaries should be reviewed in conjunction with the annual budget preparation. He stated that he felt any surplus should be used for Capital expenditures or emergencies and the appropriate place for surplus funds is in the Fund �9 L Balance, and the money be left there until it is needed. Mr. Crosen further stated that he felt the Board was creating the need for a tax increase next year and he did not in any way sup- port a tax increase in the County for the second year in a row. Mr. Stiles stated that a special meeting of the Finance Committee was called due to the fact that Mr. Smith was out of town and the Law Enforcement and Courts Committee could not meet until after the regularly scheduled Finance Committee meeting. Mr. Rhodes explained the special meeting was called after the Law Enforcement and Courts Committee had submitted their recommendation on this request. He further stated that he felt Mr. Crosen was right in many areas and all areas needed to be looked at, however the long term neglect in Law Enforcement in Frederick County and the salaries needed to be addressed, and the situation was such that it needed to be addressed immediate- ly. Mr. Stiles explained that these funds were not coming from a one time source, this money had been generated from additional revenue that had been collected during the past fiscal year, and projecting that increase over the next fiscal year, there was a continuing source of revenue. He stated that it is different from funds that were unexpended that are now available that would be a one time source of revenue. Upon motion made by Robert M. Rhodes and seconded by Dudley H. Rinker, to approve the above proposal. The above motion was passed by the following recorded vote: Aye - Kenneth Y. Stiles, Robert M. Rhodes, Dudley H. Rinker, W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Nay - Roger L. Crosen. Discussion of Increases for School Board Employees - Committee reviewed the attached proposal and sends same to the Board without recommendation. It is proposed that a one percent increase for all School Board employees up to and includ- ing all Principals be implemented and $202,478 be appropriated. The proposal does not include cafeteria workers due to the 393 School Board paying the Blue Cross /Blue Shield share for the employee. Employee on Teacher Scale $158,119 Part -time Assistance to implement proposal $ 3,000 All other School Board Employees $ 41,359 Total Amount Required $202,478 Upon motion made by Robert M. Rhodes and seconded by Charles W. Orndoff, Sr., to approve the above proposal with a 1% increase. The above motion was passed by the following recorded vote: Aye - Kenneth Y. Stiles, Robert M. Rhodes, W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Nay - Dudley H. Rinker and Roger L. Crosen. Discussion of Rental Storage Space for the Extension Service Office - Approved The Committee reviewed the attached request and recommends that $600 be appropriated and that the lease be executed on a month to month basis and instructed Dr. DeOms to look into the purchase of a storage building to be located on the School Bus Depot lot. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. Discussion of Purchase of Handicapped Bus - Approved The Committee reviewed the attached request and recommends approval and that $31,000 be appropriated. Funding will come from the County's Unreserved Fund Balance until final determina- tion can be made as to funding same from the School Board's sur- plus. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the Board retired into Executive Session in accordance with Virginia Code, 1950, 3 1 as amended, Section 2.1 -344, Subsection A (1) to discuss Personnel matters. BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes and passed unanimously, the Board reconvened into Regular Session. EVALUATION OF CHARLES B. TYSON, JR., INFORMATION SERVICES DIRECTOR - APPROVED Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the evaluation of Charles B. Tyson, Jr., Information Services Director, was approved as sub- mitted. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT W ORDERED THAT T BOARD OF SUPERVISORS ADJOURN. r ha rman, Boar 3 Supervisors Cler oard o Sup rvisors