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October 14, 1987 Regular Meeting330 A Regular Meeting of the Frederick County Board of Super- visors was held on October 14, 1987, 7:15 P.M., in the Board of Supervisor's Meeting Room, Frederick County Courthouse, Loudoun Street Mall, Winchester, Virginia. PRESENT Kenneth Y. Stiles, Chairman; Will L. Owings, Vice - Chairman; Robert M. Rhodes; Rhoda W. Maddox; Thomas B. Throckmorton and C. William Orndoff, Jr. CALL TO ORDER The Chairman called the meeting to order. INVOCATION Everyone observed a moment of silence in absence of a Minister. ADOPTION OF AGENDA Mr. Stiles stated that rezoning application number 024 -87 of M. J. and Bethel L. Mathison had been withdrawn. Mrs. Maddox stated that she had an appointment to the Shen- andoah Area Agency on Aging. Mr. Riley stated that he had an amendment to the Airport Agreement to include Shenandoah County. Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the Agenda was adopted as amended. APPROVAL OF MINUTES Mr. Throckmorton stated that in the minutes of August 26, 1987, Page 11, under "Reappointment of Chairman of the Frederick - Winchester Service Authority ", it stated that Mr. Stiles and Mr. Throckmorton are to serve as Board liaison members and that was incorrect as they serve as members. He further noted that on Page 14, the vote was not recorded on re- zoning application number 018 -87 of Bettie E. and Willis J. Winslow. He also noted that on Page 15, second paragraph, the word "they" was mispelled. Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the minutes of the regular meeting of August 26, 1987 were approved as amended. VELMA CARMON APPOINTED TO SERVE ON THE SHENANDOAH AREA AGENCY ON AGING 332 Upon motion made by Rhoda W. Maddox, seconded by Thomas B. Throckmorton and passed unanimously, Velma Carmon was appointed to serve on the Shenandoah Area Agency on Aging, said term to expire on September 30, 1990. ROBERT B. HOWARD APPOINTED TO THE CHAPTER 10 BOARD Upon motion made by Rhoda W. Maddox, seconded by C. William Orndoff, Jr. and passed unanimously, Robert B. Howard was appointed to the Chapter 10 Board, filling the unexpired term of Kathy Geiman, said term to expire January 31, 1989. BOARD RECEIVED INVITATION TO LORD FAIRFAX PLANNING DISTRICT COMMISSION'S ANNUAL LEGIS LATIVE DINNER MEETING Mr. Stiles asked the Board members to contact Mr. Riley's office if they were interested in attending this meeting. PLANNING COMMISSION BUSINESS SUBDIVISION REQUEST OF LENOIR CITY COMPANY OF VIRGINIA - APPROVED Mr. Watkins, Director of Planning and Development, present- ed this request and stated that the Planning Commission had recommended approval. Mr. Torn Gilpin, owner, appeared before the Board on behalf of this request. There was no opposition. Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the subdivision request of Lenoir City Company of Virginia was approved. SUBDIVISION REQUEST OF JAMES M. HORTON - APPROVED Mr. Watkins presented this request and stated that the Plan- ning Commission recommended approval. Mr. James Horton, owner, appeared before the Board on be- half of his request. There was no opposition. Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, the subdivision request of James M. Horton was approved. REVISED PRELIMINARY MASTER DEVELOPMENT PLAN - KERNS LOT (LOCKHART SUBDIVISION) - DENIED 33� Mr. Watkins appeared before the Board and stated that the Planning Commission had recommended unanimous denial for this request on July 1, 1987. Mr. Sanford Peyton, adjoining property owner, appeared be- fore the Board and stated that he objected to having three units built on this property because of the traffic that would be gene- rated. Mr. Kevin Lanham, adjoining property owner, appeared before the Board and stated that he was worried about the drainage problems that would come from the construction of three units. Mr. Peyton appeared before the Board again and stated that three other neighbors that objected to this request were unable to be present. Mrs. Maddox asked why the agencies had not addressed the drainage situation. Mr. Watkins stated that would be addressed later on in the development process. Mr. Throckmorton moved to deny based on reasons already stated and due to the mixed housing types that the present plans called for. Mr. Owings seconded Mr. Throckmorton's motion and the vote was unanimous for denial. REVISED PRELIMINARY MASTER DEVELOPMENT PLAN - DOMINION KNOLLS - WITHDRAWN Mr. Stiles stated that a request had been submitted to have this request withdrawn for this meeting and that it would be resubmitted for the next Board meeting. He further stated that he, Mr. Orndoff, Mr. Riley and Mr. Watkins had met with the owners on this request and he felt confident that the revised plan would be much better. PUBLIC HEARING REZONING APPLICATION #024 -87 OF M. J. AND BETHEL L. MATHISON - SHAW NEE MAGISTERIAL DISTRICT - WITHDRAWN As noted earlier in the meeting, this rezoning request was withdrawn. REZONING APPLICATION #030 -87 OF B. K. HAYNES CORPORATION - BACK CREEK MAGISTERIAL DISTRICT - TABLED 333 Mr. Stiles stated that this request had been tabled by the Planning Commission. Mr. William Boswell, adjoining property owner, appeared before the Board and stated that he was the only resident living in this area and he would like to know what the plans are for this area. Mr. Stiles requested that Mr. Boswell be allowed to review the plans. REZONING APPLICATION #031 -87 OF RAYMOND E. BRILL - BACK CREEK MAGISTERIAL DISTRICT - TABLED Mr. Watkins presented this request and stated that the Plan- ning staff had recommended denial and the Planning Commission had recommended approval. Mr. Stiles stated that Mr. Robert Holmes, consulting Soil Scientist, had conducted a survey of the area in question and had submitted a report of his findings. He further stated that Mr. Holmes indicated that this is the same vein as the mine at Gore and that it was his opinion that this was the only signifi- cant amount of sand in this immediate area. Mrs. Maddox asked if the outcroping was limited to just this seventeen acres. Mr. Stiles replied that there were other areas but they could not be developed into sand mines. Mrs. Maddox stated that before there was some one hundred acres included in the request and she was concerned that there might be a request for seventeen acres now and perhaps an addi- tional ten acres later. Mr. Rhodes asked if the Planning Commission had ever looked into putting extracting mining in the zoning ordinance. Mrs. Maddox asked if the report included anything about soil erosion. Mr. Stiles replied that this was not requested. Mr. Stiles stated that the Bureau of Mines have certain criteria and restrictions and that it would cost Mr. Brill $1,000 per acre to insure the Board of Mines that this land would be returned to its natural state once the mining has been completed. 334 Mr. Raymond Brill appeared before the Board and stated that he planned to run a clean operation as he had done in the past. He further stated that mining had been in his family for a number of years and that he would very much like to keep it that 11 way. He further stated even if the Board would approve this I! request today it would be Spring before he would be able to start the project. Mr. James Kimball, area resident, appeared before the Board 11 on behalf of Mr. Brill's request and stated that he felt the Board should grant this request. Mr. Riley read letters concerning Mr. Brill's request. Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, to have the letter from Northern Shenandoah Valley Audubon Society as part of the minutes. October 11, 1987 Board of Supervisors Frederick County 9 Court Square Winchester, Virginia 22601 Ladies and Gentlemen: The Northern Shenandoah Valley Audubon Society is a Virginia chapter of one of the largest and oldest conservation organizations in the nation, with a membership drawn from the counties of Shenandoah, Page, Warren, Clarke and Frederick. We place high priority in supporting citizens in their efforts to maintain the quality of their environment, both urban and rural. Therefore, we affirm the action of the Star Tannery Citizens for Action in opposing the rezoning of the 17+ acres of land in their neighborhood from agricultural to extractive manu- facturing. This spot zoning will considerably degrade the area and will result in soil erosion, water pollution, air pollution, increased traffic and noise. Also, there will be disruption of native wildlife habitat. This and mining is not an appropriate land use because of the close proximity of the homes of people in the area. Also, there will be problems with supervision and monitor- ing of this proposed sand mining operation. Federal and state agencies are operating within severe budget restraints and they will be the first to admit that they have neither the personnel nor the money to do the job as they would like to do it. Super- vision will, very likely, be at a minimum and inspections will be few and far between. It is also sad to note that frequently these agencies become the handmaidens of the enterprises they are supposed to regulate. If this operation is to be monitored adequately, it will have to be done locally. The County will not be able to rest comfortably in the assemption that this pro- posed sand extraction operation will be regulated adequately by some State or Federal agency. 335 Because of the most certain degradation of the environment with reduction in property values to the surrounding property owners, we urge you to deny this request for rezoning. Thank you very much. Sincerely yours, /s/ Sarah P. Faulconer Sarah P. Faulconer, President Northern Shenandoah Valley Audubon Society Upon motion made by Robert M. Rhodes, seconded by Thomas B. Throckmorton and passed unanimously, to have the letter from Dr. William Brown and Associates made part of the minutes. October 12, 1987 Mr. Ken Stiles, Chairman Frederick County Board of Supervisors 9 Court Square Winchester, VA 22601 Dear Mr. Stiles: As registered voters and homeowners living on a 6 acre site in Bushy Ridge, just North of the intersection of Highway 55 and State Road 603 in Frederick County, we are keenly interested in the rezoning request for a sand mining operation on acreage just South of this point. One of the chief advantages of living in Frederick County (though my private practice is in Washington) is that here we have not fallen prey to undesireable zoning that has irreversibly altered the landscape in counties lying closer to the metropolitan Washington area. That is, not yet. Certainly a person's land is his to use as he sees fit, but as landowners we must all abide by zoning laws that prevent us from marring entire neighborhoods or rural countryside, forever changing topology that the Good Lord blessed this area with eons before the Crown first issued grants to these tracts. Therefore, before the Board of Supervisors acts on a request for spot rezoning as referred to above, we respectfully request that an ecology study be undertaken to assure that streams will not be polluted; that the County make plans known to widen sufficiently #603 to permit cars and trucks to pass one another on this essentially single lane, unimproved road, and that any disturbance of topology that will affect landowners beyond the proposed single spot zoning exception being request- ed, be studied so that the rights of all tax - paying landowners in this area are not jeopardized. In fairness to all area residents, we respectfully request that action on this zoning exception be postponed until the above questions can be satisfactorily answered, thereby continu- ing the tradition of balance existing between the rights of individual landowners and the individual and collective rights of all other landowners in this community. If you would be so kind as to share this letter with all members of the Board of Supervisors, both my wife and I would be most grateful. Thanking you for your considered judgement in this matter, I remain Sincerely, 336 /s/ William D. Brown William D. Brown #6 Bushy Ridge (P. 0. Box 75) Star Tannery, VA 22654 Mrs. Cyreal Wilson, area resident, appeared before the Board to oppose this request and presented the Board with a petition with approximately forty -one signatures of area citi- zens that were opposed to this request. Mrs. Wilson expressed concern about the damage that would be done to the roads due to all the big trucks that would be hauling out the sand. She also) expressed concern about the damage that could be done to Gravel Springs which is located near the area that is being requested to be mined. Dr. Dave Greg appeared before the Board on behalf of his Mother, Mary Ellen Furr, and stated that she was very concerned about the blasting this project would bring about and the damage that could be done to the springs that are located on her proper ty. He further stated that he felt the majority of citizens in this area had no problem with Mr. Brill making a living but were concerned with this request and further expansion of this mining operation. Mrs. Esther Cooper Moore, area resident, appeared before the Board and stated that she was concerned about the blasting and the damage that could be done to the windows of the Luthern Church located in this area as some of them date back to 1849 and cannot be replaced. Mrs. Debbie Cooper, area resident, appeared before the Board and stated that she is currently being treated for asthma and feels the additional dust, etc. that comes from sand mining will only increase her breathing problems and felt everyone living in this area will be affected by this operation. Mr. Bill Jeunette, area resident living across from the sand mine, appeared before the Board and requested that this request be tabled until a study could be done to determine what impact this request would have on the County. 337 Mr. Brill appeared before the Board again and stated that one hundred eighteen acres was an incorrect figure and that his request was for a total of thirty -four acres. Mr. Stiles requested that Mr. Watkins look into a condi- tional use permit for certain types of extractive mining in agricultural districts. He stated that the sand on this property is a resource owned by Mr. Brill and he did not feel the County had the right to tell Mr. Brill how to operate this as long as area residents are not caused any harm. He further stated that spot zoning was not applicable in this situation. Mr. Stiles further stated that he felt that perhaps this should be tabled until the Planning staff can draw up the proper zoning in order that this could be allowed. He further stated that he felt the concerns on damages to Gravel Springs were legitimate concerns. Mr. Stiles stated that Mr. Brill would need to do a site plan and obtain a soil and erosion permit prior to starting this project. Mr. Rhodes stated that he agreed with Mr. Stiles and he would like to make one other suggestion and that is that the longest time period possible be addressed for the conditional use permit due to the expense that would be incurred by Mr. Brill for the conditional use permit. Upon motion made by Robert M. Rhodes, seconded by Thomas B. Throckmorton and passed unanimously, rezoning application number 031 -87 of Raymond E. Brill was tabled for further input from staff. REZONING APPLICATION #033 -87 OF GEORGE W. GLAIZE, JR. - SHAWNEE MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this request and stated that the Plan- ning Commission recommended approval. Mr. Ben Butler, Attorney, appeared before the Board on be- half of this request. Mr. Orndoff stated that he felt this was an excellent plan and felt that the access looked very good. Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, rezoning applica- tion number 033 -87 of George W. Glaize, Jr., 817 Dutton Place, 338 Winchester, Virginia, to rezone 32.042 acres from M -1 (Industrial Limited) to B -2 (Industrial General) for business uses was approved. This property is located on the corner of State Route 50 East and State Route 728, on Victory Lane, and is identified as Parcels 116 -A, 159 -D, 159 -E and 159 -F, on Tax Maps 64 and 65 in the Shawnee Magisterial District. REZONING APPLICATION #032 -87 OF DOUGLAS C. AND SUE C. YOST - GAINESBORO MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this request and stated that the staff had recommended denial and the Planning Commission was unanimous in their approval. Mr. and Mrs. Yost appeared before the Board on behalf of their request. Upon motion made by Rhoda W. Maddox, seconded by Thomas B. Throckmorton and passed unanimously, rezoning application number 032 -87 of Douglas C. and Sue C. Yost, HC -1, Box 282 Cross Junction, Virginia, to rezone 7.783 acres from A -1 (Agricultural, Limited) to B -2 (Business General) for retail sales of grocer- ies, fruits and canned goods /restaurant was approved. This property is located on the Southwest corner of the intersection of US Route 522 North and Virginia State Route 694, approximate- ly 18 miles North of Winchester at Reynolds Store, and is identi fied as Parcel 75 -0 on Tax Map 6(A) in the Gainesboro Magister- ial District. CONDITIONAL USE PERMIT 0016 -87 OF HARRY A. DOWNARD - OPEQUON MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this request and stated that the Plan ning Commission recommended approval with conditions. Mr. Downard appeared before the Board on behalf of his re- quest. There was no opposition to this request. Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, conditional use permit number 016 -87 of Harry A. Downard, Route 2, Box 83 -D, Middle- town, Virginia, for farm supply sales was approved. This property is located on Route 842 and is identified as Parcel 44 -0 on Tax Map 91 (A) in the Opequon Magisterial District. 339 CONDITIONAL USE PERMIT #017 -87 OF DOUGLAS OWENS - GAINES- BORO MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this request and stated that the Plan- ning Commission recommended approval with conditions. Mr. Lowell Cutshaw, with Dove Associates, appeared before the Board and explained by way of a drawing what was planned for this area. Mr. and Mrs. William Shevokas, area residents, appeared before the Board objecting to this request due to the increase of traffic that would be generated. Mr. Richard LaFollette, area resident, appeared before the Board to also oppose this request because of increase in traffic. Mr. Doug Owens, the petitioner, appeared before the Board and stated that he could appreciate the neighbors' concerns but did not feel there would be a problem. Upon motion made by Rhoda W. Maddox, seconded by Will L. Owings and passed unanimously, conditional use permit number 017 -87 of Douglas Owens, Route 2, Box 29, Winchester, Virginia, for a country general store was approved with conditions as stated and the traffic concerns will be addressed after the first year. This property is located on Route 50 West, directly across from Route 615 and is identified as Parcel 66 -D on Tax Map 40(A) in the Gainesboro Magisterial District. COMMITTEE REPORTS CODE AND ORDINANCE COMMITTEE REPORT Mr. Throckmorton, Chairman of the Code and Ordinance Committee, presented the following report: The Code and Ordinance Committee met on Monday, October 5, 1987, at 8:30 A.M., in the County Administrator's Office. Present were Board members Thomas B. Throckmorton and C. William Orndoff, Jr.; Citizen member Stephen G. Butler; County Admini- strator John R. Riley, Jr. and Assistant County Administrator Stephen F. Owen. Citizen member Robin H. Eddy was absent. The following items were discussed. Tax Relief for the Elderly Code Amendment 340 The Committee reviewed an ordinance repealing and readopt- ing Chapter 9 of the Frederick County Code to include Sections 3 -1 through 3 -7. The new sections add handicapped persons as eligible for tax relief and increase the upper end of the quali- fying income range from $12,000 to $16,000. This item is set for public hearing on October 28 and the Committee recommends approval. Upon motion made by Thomas B. Throckmorton, seconded by C1 William Orndoff, Jr. and passed unanimously, the above recom- mendation was approved. County Vehicle License Code Amendment The Committee reviewed an ordinance repealing and readopt- ing Chapter 13 of the Frederick County Code to include Sections 3 -1 through 3 -10. These new sections are to conform with State Law by making only vehicle owners punishable for vehicle license violations. This item is also set for an October 28 public hea ing and the Committee recommends approval. Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, the above recommen- dation was approved. LAW ENFORCEMENT AND COURTS COMMITTEE REPORT Mr. Rhodes, Chairman of the Law Enforcement and Courts Committee, presented the following report: The Law Enforcement and Courts Committee met on Thursday, October 1, 1987, 10:00 A.M., in the Personnel Office Conference Room. Present were Board member Robert M. Rhodes; Committee members Larry P. Coverstone and Charles R. McIlwee; Sheriff Roscoe L. Bruce; Administrative Assistant John Liggett; County Administrator John R. Riley, Jr.; and Assistant County Admini- strator Stephen F. Owen. Board member Rhoda W. Maddox was absent. The Committee's only item for discussion was the proposed regional jail agreement. Following a review of the terms of the agreement by John Riley, the Committee recommended that the Board of Supervisors approve it. The Board will need to appoint three members to this Committee. Terms are to be staggered. 34? Upon motion made by Robert M. Rhodes, seconded by Rhoda W. Maddox and passed unanimously, the following Regional Jail Agree- ment was approved: THIS AGREEMENT made and entered into this day of , 1987, by and between the CITY OF _ WINCHESTER, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as WINCHESTER or CITY, 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; said parties of the second and third part, some- times hereinafter referred to as COUNTIES: WITNESSETH: WHEREAS, the Council of the City of Winchester by resolution number , adopted , 1987, de- clared that the need exist for the creation and the establish- ment of the Clarke, Frederick and Winchester Regional Jail and approved the entering into this agreement; and WHEREAS, the Board of Supervisors of the County of Clarke adopted a resolution on , 1987, which declared a need for the creation of said Regional Jail; and WHEREAS, the Board of Supervisors of the County of Frederick adopted a resolution on , 1987, which declared a need for the creation of said Regional Jail; and 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 with each other as follows: \, 1. ESTABLISHMENT The parties hereto agree to partici- pate in a regional jail to be known as the CLARKE, FREDERICK AND WINCHESTER REGIONAL JAIL for such city and counties, pursuant to the authority of Article V of Title 53.1 of the Code of Virginia (1950), as amended, §53.1 -105 et. seq 2. DIVISION OF CAPITAL IMPROVEMENT COSTS. The capital improvement costs of the jail facilities, including the costs of constructing and equipping any jail facilities and the purchase of any land for the same, shall be divided among the parties to this agreement based on the average prisoners per day for each party hereto for the three -year period ending June 30, 1987, divided by the total average prisoners per day of all the parties hereto for the same period of time. 3. DIVISION OF OPERATING AND MAINTENANCE COSTS 1. For the first fiscal year or portion thereof of the operation of the regional jail, each party hereto shall be responsible for the payment for the operation and maintenance of the jail in an amount equal to the average prisoners per day for each such party for the three -year period ending June 30, 1987, divided by the total average prisoners per day of all of the parties hereto for the same period of time. For each fiscal year thereafter, each party hereto shall be responsible for the payment for the operation and maintenance of the jail based on the average prisoners per day for each party hereto for the preceding three fiscal years, divided by the total average prisoners per day of all the parties hereto for the same period of time. 2. Each party hereto shall, prior to the commencement of operation of the jail, advance sufficient funds to the jail to allow the jail to provide for the efficient operation and maintenance of the jail for a sufficient length of time, not 34 exceeding six months from the commencement of operation of the jail, such length of time to be agreed on by the parties hereto prior to the commencement of operation. 4. FISCAL YEAR The fiscal year of the jail shall be from July 1 through June 30. 5. REGIONAL JAIL BOARD. The political subdivisions that are members of the regiona jail shall be entitled to representation on the regional jail a 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 Frederic} and Winchester shall be for staggered terms of one (1), two (2), three (3) and four (4) years. The initial appointments by Clarke shall be for staggered terms of one (1) and four (4) years. Thereafter the appointments shall be for terms of four (4) years. No appointive members shall be eligible to serve more than two 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 Board shall submit annually to the participating polit' cal subdivisions a report showing its activities and a budget which shall include all revenues, expenditures, employee compen- sation schedules and other data requested by the participating jurisdictions. 6. POWERS AND DUTIES. The Board established hereunder shall have all powers necessary or convenient to carry out the general purposes of this agreement, and the purposes of Chapter 3 of Title 53.1 of the Code of Virginia, including the following powers in additioi to others herein granted: 1. To establish rules and regulations governing the operation of the jail facilities not inconsistent with standa of the State Board of Corrections; 2. To purchase or acquire by gift, grant, lease or other form, improved or unimproved land for the jail facilities; to acquire land by gift, grant, lease, or other form from one o7 more participating political subdivisions; all lands acquired b5 the jail to be for joint ownership by the participating politi- cal subdivisions with the approval of the governing body of each; 3. To provide for all necessary stock, equipment, and structures for the jail facilities within the budget approved therefore by the participating political subdivisions; 4. To appoint a superintendent of such jail who shall serve at the will and pleasure of the Board. The superintendent shall be responsible for the supervision, control and authority over the employees of the jail and the prisoners of the jail. 5. To elect its chairman, other officers as it shall deem necessary and to adopt by -laws, rules and regulations for its own procedures and government; the members of the Board so appointed shall constitute the Board and the powers of the Regional Jail shall be vested in and exercised by the members ii office from time to time; 343 6. To sue and be sued in its own name; 7. To apply for and accept gifts, or grants of money or other property from any person, firm, or organization, except- ing, however, the United State of America; 8. To contract with one or more participating politi- cal subdivisions for said subdivision(s) to provide legal services, engineering services, depository and investment services, accounting services, inlcuding auditing, procurement of goods and services and to act as fiscal agent for the jail; 9. Within the limits allowed by law, to establish a schedule of charges per diem, or other, proper basis, for the detention, care and subsistence of persons confined in the regional jail for jurisidictions other than the Commonwealth and the parties hereto. Included in the costs for the establishment of the schedule of charges shall be the variable costs and a fair and reasonable proportion of the fixed and capital costs; 10. To make, assume and enter into all contracts, leases and arrangements necessary or incidental to the exercise of its powers, including contracts for the management or opera- tion of all or any part of its facilities. 7. WITHDRAWAL 1. In consideration of the significant financial committment being made each by the parties hereto, and further in consideration of the reliance each party has reposed in the others as participants in the operation of the jail and in recognition of the fact that the withdrawal of any party prior to the final construction of the jail and final payment for such construction shall cause irreparable financial hardship upon the remaining parties, any jurisdiction which is a member of the regional jail agrees to remain a member and full participate in the jail pursuant to the terms of this agreement for a period of a minimum of five years after 10 days have passed after the Governor has approved and signed the appropriations bill funding the jail, passed by the General Assembly as required by Section 53.1 -82 of the Code of Virginia as amended. During such five -year period each party hereto expressly agree that it will not withdraw from the regional jail, nor withdraw from full participation in the execution of the terms of this agreement. 2. In the event any party from this agreement on or after five said appropriations bill, it may do the other parties is given at least effective date of such withdrawal. hereto wishes to years after the so after written one year prior to withdraw approval of notice to the 3. Any jurisdiction withdrawing shall be entitled to no reimbursement for expenditures for the jail, including, but not limited to, capital improvements, real estate, and tangible personal property. Prior to withdrawal, such withdrawing juris- diction shall execute any and all documents necessary to release and relinquish all rights, title and interests in the Regional Jail. 8. SEVERABILITY If any part or parts, section or subsection, sentence, clause, or phrase of this agreement is for any reason declared to be unconstitutional or invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this agreement. 9. COMPLETENESS OF CONTRACT This agreement consti- tutes the entire contract between the City and Counties, and supersedes all prior negotiations, representations or agree- ments, either oral or written. 344 10. AMENDMENT This agreement may be amended upon mutual agreement of the parties by a written amendment or modif cation hereto authorized by resolutions of the City Council of the City and Boards of Supervisors of said Counties. WITNESS the following signatures and seals. ATTEST: CITY OF WINCHESTER /s/ Patricia B. Ashby Patricia B. Ashby Clerk of Council (SEAL) ATTEST: /s/ Edwin C. Daley Edwin C. Daley City Manager CLARKE COUNTY (SEAL) ATTEST: FREDERICK COUNTY (SEAL) The following individuals were appointed to the Regional Jail Committee: Mr. John R. Riley, County Administrator - 3 years Mr. Robert M. Rhodes, Board Member - 12/31/87 Mrs. Rhoda W. Maddox, Board Member - 12/31/87 PUBLIC WORKS COMMITTEE REPORT Mr. Orndoff, Chairman of the Public Works Committee, presented the following report: The Public Works Committee met on Wednesday, October 7, 1987, in the Personnel Conference Room. Present were Board members C. William Orndoff, Jr. and Will L. Owings; Committee members Col. (Ret.) W. Wayne Miller and Keith A. Tubandt; Count, Administrator John R. Riley, Jr.; Assistant County Administrato. Stephen F. Owen and Animal Control Officer Harold D. Whitacre. The following items were discussed: Compactor /Container Site Consolidation The Committee reviewed information related to several loca- tions for new compactor sites. Gainesboro and Greenwood Fire Hall locations are recommended for Board approval at this time. The Committee instructed staff to further investigate the White Hall, Shawneeland and Relief sites. Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings and passed unanimously, the above was approved. Kennel Request for Proposal The Committee reviewed and recommended Board authorization to advertise for bids for a new 40' x 70' animal control 345 facility. Esther Boyd and Dave Holliday will assist in the review of the bids and plans. Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings and passed unanimously, the above was approved. Vassar Drive The Committee discussed a request to add Vassar Drive, located in the College Park subdivision in the Shawnee District, to the State system. It is recommended an appropriational transfer from capital contingency of $3,146.00 be approved to cover the cost of bringing the road up to State standards. Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the above item was tabled. Items Not Requiring Action: HVAC System The HVAC bids for the Old County Courthouse will be re- ceived on October 15, 1987. Refuse Collection Contract Refuse Collection Services proposals will be received on October 22, 1987. Handicapped Ramp Steve Owen reported to the Committee that Best Builders was the low bidder to construct a handicapped ramp at the side entrance of the Old Courthouse and it should be built before the October 28, 1987 Board meeting. Compactor Financing (F &M) Farmers and Merchants' financing proposal for financing the new Landfill compactor was accepted by the Board of Supervisors on September 9, 1987. The new compactor will be delivered in December. Landfill Scales Trailer Staff reported that the Landfill scales trailer needs a new floor and has a leaky roof. The Committee instructed staff to investigate several options, including buying a new building or a used trailer. Landfill Expansion Proiect 346 Staff discussed Foundation Engineering and G. W. Clifford Associates' progress on the Landfill expansion project. The County will need to contract for additional equipment and operators to facilitate all the requirements of completing this project. Off site cover material will be needed to build the new Landfill but cover material to cap the old Landfill is on site. Monthly Tonnage Report See Attachment 3. Monthly Animal Control Report See Attchment 4. PERSONNEL COMMITTEE REPORT Mr. Throckmorton, Chairman of the Personnel Committee, pre- sented the following report: The Personnel Committee met on Tuesday, October 6, 1987 anc submits the following report to the Board of Supervisors for consideration: Request from Finance Department to Fill Budgeted Position The Committee reviewed and approved the attached request from the Finance Department to fill a budgeted position and recommends that the cost incurred therefore be recovered from the Sanitary District. Upon motion made by Thomas B. Throckmorton, seconded by Will L. Owings and passed unanimously, the above request was approved. Department Head Evaluations The Committee reviewed the evaluations of the Finance Director and the Parks and Recreation Director and recommends approval of same as submitted. This is to be discussed in Executive Session. FINANCE CO MMITTEE REPORT Mr. Owings, Chairman of the Finance Committee, presented the following report: The Finance Committee met on Tuesday, October 6, 1987. Al members were present. The following itmes require Board action Office Furniture for Circuit Judges' Suite 347 Attached is a letter from the City Manager addressing the cost of new office furniture for the Circuit Judges' Suite. A portion of this cost was included in our Courthouse Maintenance bill for September. A general fund appropriation transfer from capital contingency in the amount of $4,500.00 is needed to cover this expense. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by Thomas B. Throckmorton and passed unanimously, the above recommendation was approved. Capital Cost of Justice Whiting's Office Attached is a letter from the City Manager addressing the capital cost of Justice Whiting's office. The County's cost would be $16,925.20. A general fund appropriation transfer from capital contingency is needed to cover this expense. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above recommendation was approved. Request from Director of the Chamber of Commerce for Payment of Visitor Center Signs The Director of the Chamber of Commerce is requesting pay- ment from the County in the amount of $511.80 to cover 1/2 the cost of installing Visitor Center signs along Interstate 81. A general fund appropriation transfer from operating contingency is needed to pay the bill. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above recommendation was approved. quest from Parks and Recreation for an ansfer in the Amount of $2,600 iation Parks and Recreation is requesting a pool fund appropriation transfer in the amount of $2,600 for the fund drive. The Finance Committee recommends approval. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above recommendation was approved. Request from Parks and Recreation to Increase t he Expenditure for the Design and Constr of the Pool 21 • Project by $15,000.00 Parks and Recreation is requesting to increase the expendi- ture for the design and construction phase of the pool project by $15,000.00. No additional local funds are required. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above recommendation was approved. Request from Parks and Recreation for an Appropriation Transfer in the Amount of $1,700 Parks and Recreation is requesting a general fund appropriz tion transfer of $1,700 for computer training. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above recommendation was approved. Request from Parks and Recreation for a General Fund Supplemental Appropriation in the Amount of $9,720.00 Parks and Recreation is requesting a general fund supple- mental appropriation in the amount of $9,720.00 for the master plan of the County parks. These funds were approved during the 86 -87 fiscal year, however since the project was not completed by June 30 the funds need to be carried forward. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above recommendation was approved. Request from Parks and Recreation for a Number of General Fund Appropriation Transfers Because of Parks' Program es Parks and Recreation is requesting a number of general appropriation transfers because of Parks' program changes. No additional local funds are required. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above recommendation was approved. Request from Assistant County Administrator for a Landfill Fund Supplemental Appropriation in the Amount of $58,134.0( N OR The Assistant County Administrator is requesting a Landfill fund supplemental appropriation in the amount of $58,134.00 for the engineering study of the Landfill. The funds were approved during the 86 -87 fiscal year, however since the project was not completed by June 30 the funds need to be carried forward. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by Thomas B. Throckmorton and passed unanimously, the above recommendation was approved. Request from School Finance Director for a School Operating Fund Sunnlemental Appropriation in the Amount of $5, 892.48 The School Finance Director is requesting a School operat- ing fund supplemental appropriaton in the amount of $5,892.48. This does not require additional local funds. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by Thomas B. Throckmorton and passed unanimously, the above recommendation was approved. st from School Finance Director for the Carry Forward 0,381 for the James Wood Outdoor Athletic Facility The School Finance Director is requesting the carry forward of $60,381 in the School construction fund from 1986 -87 for the James Wood Outdoor Athletic Facility. This project was not completed during FY 86 -87 as was anticipated. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above recommendation was approved. Request from the School for Additional Appropriations for the Gore - Gainesboro and Middletown Schools The School is requesting additional appropriations for the Gore - Gainesboro and Middletown School. A School construction fund supplemental appropriation in the amount of $1,032,063 for the Gore- Gainesboro Elementary School is necessary since the project is expected to be completed within the 87 -88 fiscal year. Also, a School construction fund supplemental appropriation in the amount of $872,300 for the Middletown Elementary School is necessary since the project is expected to begin during the 350 87 -88 fiscal year. The School Finance Director has included worksheets outlining the various School construction projects including a cash flow estimate. A public hearing is required to be advertised and held whe an increase in the budget of this magnitude must take place. A the Board's direction, this public hearing could be held on October 28, 1987. The plans for the Middletown School have now been approved by the State. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above was approved and to proceed with the plans for Middletown School. Requests from School Finance Director as Follows: 1. A School operating fund supplemental appropriation in the amount of $42,293 (including a transfer from the School operating fund to the School textbook fund in the amount of $17,690) and a School textbook fund supplemental appropriation in the amount of $22,875. These adjustments are necessary due to the increase in the number of students and staff. No addi- tional local funds are required. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above recommendation was approved. 2. A School construction fund supplemental appropriation in the amount of $3,200.00 for the NREP project. No additional local funds are required. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above recommendation was approved. 3. A School operating fund appropriation transfer of $200.00 from contracted maintenance to capital outlay. This transfer is requested to purchase a charger for the hearing impaired class. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above recommendation was approved. 351 The following item is for your information only: 1. Under separate cover is the Sanitary District budget and memo from the Finance Director. The Sanitary District budget will be advertised for public hearing on October 28, 1987. AMENDMENT TO REGIONAL AIRPORT AGREEMENT TO INCLUDE SHENANDOAH COUNTY - APPROVED Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, the Regional Air- port Agreement was amended to include Shenandoah County. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, the Board retired into Executive Session in accordance with Virginia Code, 1950, as amended, to discuss personnel matters. BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the Board with- drew from Executive Session. BOARD RECONVENED INTO REGULAR SESSION Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the Board recon- vened into regular session. EVALUATIONS APPROVED Upon motion made by Thomas B. Throckmorton, seconded by Will L. Owings and passed unanimously, the evaluation of Barbara W. Ratcliff, Finance Director and Needham S. Cheely, III, Parks and Recreation Director, was approved. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. 0 z9 ,Chdirman, Boa = Supervisors CleNe, Board of Supe v' ors