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HomeMy WebLinkAboutDecember 11, 1985 Regular Meeting224 A Regular Meeting of the Frederick County Board of Supervisors was held on December 11, 1985, at 7:15 P.M., in the Frederick County Courthouse, Winchester, Virginia. PRESENT: Kenneth Y. Stiles, Chairman; Will L. Owings, Vice- Chairman; Robert M. Rhodes; Rhoda W. Maddox; Thomas R. Throckmorton and C. William Orndoff, Jr. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by Deacon DeLoach of the Calvary Raptist Church. ADOPTION OF AGENDA Mr. Stiles stated that the Public Hearing on Conditional Use Permit Number 011 -85 of David E. Dovell would be tabled due to an error in advertising and would be scheduled for the first meeting in January (15th). Mr. Riley stated that Mr. Don Ratcliff s term would expire on the Airport Commission in December and the Board would need to make this appointment. He further stated that it would be necessary to amend a road resolution for Mr. Tom Gilpin in Stonewall Industrial Park. Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings and passed unanimously, the Agenda was adopted as amended. BOARD HELD FIRST MEETING IN OLD COUNTY COURTHOUSE Mr. Stiles stated that he would like to thank the staff for all their efforts and in particular, the maintenance staff, for the renovation of the Courtroom. He felt that the room would be very serviceable, not only to the Board, but to all other Boards and Commissions that would be using it. EXECUTIVE SESSION Mr. Stiles stated that an Executive Session would be necessary to discuss Personnel and the evaluation of two Department Heads. APPROVAL OF MINUTES Mr. Orndoff stated that in the minutes of November 13, 1985, Page 3, the last paragraph relating to sludge from Abrams Creek, the name of the farm is "Greg Hewitt" and not "Huyett Light" Mr. Rhodes requested that the tenth paragraph on Page 12 of the minutes of October 9, 1985 be deleted. Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the minutes of the Special Meeting of 22 October 3, 1985, the minutes of the Regular Meetings of October 9, October 23 and November 13, 1985, were approved as amended. RUAL ANDERSON, COUNTY RESIDENT, ADDRESSED THE BOARD ✓~1r. Rual Anderson, County resident, appeared before the Board and stated that a large amount of money had been poured into the Rhinehart Fire and this concerned him, but the fact that only a thousand dollar ($1,000) reward has been offered to find the individuals) responsible for this fire also concerned him. He further requested that the Board look into the safety and protection received by the employees of the Uranium Mine Operation at Gore. Mr. Anderson stated that he felt there was no insurance and no retirement on these employees and that the life expectancy of these employees reduced from ten to twelve years due to the working conditions at the mine. Mr. Stiles stated that Mr. Ambrogi was in contact with Mr. Rhinehart's Attorney concerning the fire and that Mr. Riley had met with EPA Officials concerning a study they want to do on the site of the fire of October, 1984. He further stated that the County had no authority to deal with some of the problems that were mentioned at the mine site, but Mr. Riley will contact the proper office and have them check into Mr. Anderson's concerns. Mr. Anderson inquired as to when the Highway Department would be completing construction of the bridges on Routes 703 and 50. Mr. Stiles asked Mr. Riley to contact Mr. Bushman of the Highway Department as to a completion date. CAROLYN BEARD REA PPOINTED TO THE CHAPTER 10 BOARD Upon motion made by Rhoda W. Maddox, seconded by Robert M. Rhodes and passed unanimously, Carolyn Beard was reappointed to the Chapter to Board, said term to commence January 1, 1986 and terminate on December 31, 1988. MARGARET ROWE APPOINTED AS INTERIM REPRESENTATIVE ON THE SHENANDOAH AREA AGENCY ON AGING h4argaret Rowe was appointed as interim representative from the County on the Shenandoah Area Agency on Aging until such time as Mr. Paul Parker is able to continue serving on this Agency. ROBERT SOLENBERGER REAPPOINTED TO THE FREDERICK - WINCHESTER SERVICE AUTHORITY Upon motion made by Rhoda W. Maddox, seconded by Robert M. Rhodes and passed unanimously, Robert Solenberger was reappointed to the Frederick - Winchester Service Authority, said term to commence December 31, 1985 and terminate on December 31, 1987. 226 BONNIE EDWARDS REAPPOINTED TO THE SOCIAL SERVICES BOARD Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, Bonnie Edwards was reappointed to the Social Services Board as a representative from Shawnee District, said term to commence on January 1, 1986 and terminate on December 31, 1989. RESOLUTION IN HONOR OF RON COMBS - APPROVED Mr. Riley read the following resolution: WHEREAS, Ron Combs has been on staff at Shenandoah Valley Christian Academy as Basketball Coach since 1977, and WHEREAS, he has devoted many hours to training these young athletes, not only in the field of athletics, but also in leadership, and WHEREAS, he was named NACA High School Coach of the Year for 1985, and WHEREAS, this achievement has brought honor and credit to him, his School and to his community. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia does hereby express their congratulations to Ron Combs for his outstanding achievement. BE IT FURTHER RESOLVED, that a true copy of this resolution be presented to Mr. Combs. RESOLVED this 11th day of December, 1985. /s/ Kenneth Y. Stiles /s/ Rhoda W. Maddox Kenneth Y. Stiles, Chairman Rhoda W. Maddox /s/ Will L. Owings Will L. Owings, Vice - Chairman /s/ Robert M. Rhodes Robert M. Rhodes ATTEST: /s/ John R. Riley, Jr. John R. Riley, Jr., Clerk Board of Supervisors /s/ Thomas B. Throckmorton Thomas B. Throckmorton /s/ C. William Orndoff, Jr. C. William Orndoff, Jr. Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the above resolution was approved. Mr. Combs was present to accept his resolution. RESOLUTION IN HONOR OF EVELYN GOODE - APPROVED Mr. Riley read the following resolution: WHEREAS, Evelyn Goode served as a County member on the Handley Library Board from October 24, 1979 until November 30, 1985, and WHEREAS, she did faithfully serve the citizens of Frederick County with dignity, dedication and wisdom, and WHEREAS, she possessed the highest devotion to duty as a member of this Board and was respected and relied upon by her fellow Board members. NOW, THEREFORE BE IT RESOLVED, that the Board of 227 Supervisors of the County of Frederick, Virginia does hereby express their appreciation to Evelyn Goode for her years of conscientious service to the citizens of Frederick County as a member of the Handley Library Board. BE IT FURTHER RESOLVED that a true copy of this resolution be presented to Mrs. Goode. RESOLVED this 11th day of December, 1985. /s/ Kenneth Y. Stiles /s/ Rhoda W. Maddox Kenneth Y. Stiles, Chairman Rhoda W. Maddox /s/ Will L. Owinqs Will L. Owings, Vice - Chairman /s/ Robert M. Rhodes Robert M. Rhodes ATTEST: /s/ John R. Riley, Jr. /s/ Thomas B. Throckmorton Thomas B. Throckmorton /s/ C. William Orndoff, Jr. C. William Orndoff, Jr. John R. Riley, Jr., Clerk Board of Supervisors Upon motion made by Rhoda W. Maddox, seconded by C. William Orndoff, Jr. and passed unanimously, the above resolution was approved. Mrs. Goode was present to accept her resolution. BOARD CANCELLED SECOND MEETING OF DECEMBER, 1985 - APPROVED Upon motion made by Thomas B. Throckmorton, seconded by Will L. Owings and passed unanimously, the second Roard Meeting of December (25th), 1985 was cancelled. CLOSING OF COUNTY OFFICES FOR HOLIDAYS - APPROVED Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, the following schedule will be observed by all County Offices for the Christmas and New Year's Holidays: December 24, 1985 - Closed 1/2 day December 25, 1985 - Closed December 26, 1985 - Closed December 31, 1985 - Closed 1/2 day January 1, 1986 - Closed FIRST MEETING OF 1986 OF BOARD WILL BE JANUARY 15, 1986 Mr. Stiles stated that the first Board meeting of 1986 will be January 15 since the Planning Commission will be meeting on the second and fourth Wednesdays due to New Year's Day falling on the first Wednesday, their regular meeting date. MARGARET STARLIPER RETIRES FROM BOARD OF ZONING APPEALS Mr. Stiles stated that he had been notified by Mrs. Starliper that she would be retiring from the Board of Zoning Appeals effective December 17, 1985. He further stated that the Board was very appreciative of all Mrs. 228 Starliper's efforts on behalf of the County and that the Circuit Court Judge would be appointing someone to replace her. BOARD MAKES RECOMMENDATION TO CIRCUIT COURT JUDGE RE; APPOINTMENT TO BOARD OF ZONIN APPEALS Upon motion made by C. William Orndoff, Jr., seconded by Robert M. Rhodes and passed unanimously, the Board hereby recommends the name of J. Patrick Russell to the Circuit Court Judge for appointment to the Board of Zoning Appeals to fill the vacancy recently created by the retirement of Margaret Starliper. DONALD E. RATCLIFF REAPPOINTED TO THE WINCHESTER REGIONAL AIRPORT COMMISSION Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, Donald Ratcliff was reappointed to the Winchester Regional Airport Commission, said term to terminate on December 31, 1989. REQUEST FROM CLARKE COUNTY BOARD OF SUPERVISORS TO CLOSE FORD ON ROUTE 644 - APPROVED WITH LIKE APPROVAL FROM CLARKE COUNTY ON THE CLOSING OF ROUTE 660 Mr. Riley stated that correspondence had been received from Clarke County to close the Ford on Route 644. It was the consensus of the Board that this request be approved contin- gent upon approval from Clarke County to close Route 660 in Clarke County. T FROM SCHOOL BOARD FOR APPROPRIATION FOR CONSTRUC- OUTDOOR ATHLETIC FACILITIES AT JAMES WOOD RIDGE Dr. Kenneth Walker, Superintendent of Schools, appeared before the Board on behalf of the School Board's request for an appropriation of six hundred sixteen thousand, two hundred twenty four dollars ($616,224) for Phase I of Outdoor Athletic Facilities at James Wood Ridge Campus. He explained to the Board exactly what would be included in this phase of construction as noted in the following handout: 3. Furnish and install fertilizing, seeding Amount Total 1. Furnish and install earthwork (clearing and grubbing, stripping and stockpiling topsoil, excavating and placing fill to lines and grades established, replacing topsoil, furnishing, installing and maintaining all erosion control and importing topsoil) $293,000 2. Furnish and install storm sewer 80,00 3. Furnish and install fertilizing, seeding and mulching by hydroseed method 65,000 4. Furnish and install irrigation system 35,000 229 S. Furnish and install water supply piping and electrical conduit 48,669 6. Furnish and install sanitary sewer extension 42,100 7. Furnish and install roads and parking lots 36,315 Total bid, items 1 through 7 $600,124 Inspections 10,000 Flow test on well and upgrading of pump 6,100 Total appropriation requested $616,224 Note: The bid figure includes a $3,900 adjustment from the figure given in the December 6, 1985 memo to the Board of Supervisors. The adjust- ment is due to a math correction necessitated by the wording on the bid request for one series of items. Mr. Throckmorton asked Dr. Walker about the parking lot and the need for same. Dr. Walker stated that he felt the parking lot was needed for those individuals that would be practicing as well as the public to park rather than have them parking on the fields and along the highway. Mr. Orndoff asked if there was a rock clause in the contract. Dr. Walker replied no. Mr. Stiles asked if the Board would be receiving a bill from Mr. Stratton for this project. Dr. Walker replied no. Mr. Rhodes questioned spending the extra money for a project manager. Dr. Walker stated that the School system did not have anyone qualified to do this. Mr. Orndoff stated that he did not feel that the Board had committed themselves to a stadium and that the School Board should look at outdoor physical education facilities only. Dr. Walker stated that all of this was for outdoor physical education to be used, not only by the Schools, but also Parks and Recreation, regard- less of whether they ever have a stadium. Mr. Orndoff questioned the need for the roads and parking lots. Mr. Riley questioned the storm water and run -off water that would be created by this project and if this had been addressed. Dr. Walker replied that the Engineer has considered all of this. Mr. Riley stated that this would have to go to the Planning Commission on a site plan basis. 230 Upon motion made by Will L. Owings and seconded by Robert M. Rhodes to appropriate the four hundred twenty two thousand dollars ($422,000) carry forward funds from last year's School budget and that the balance needed for this project come from this year's School operating budget. The above motion was approved by the following recorded vote: Aye - Kenneth Y. Stiles, Will L. Owings, Robert M. Rhodes, Rhoda W. Maddox and Thomas B. Throckmorton. Nay - C. William Orndoff, Jr. Mr. Orndoff stated that he was not satisfied with this request as he felt it was too much and with all the other expenses the County knows at this point that they are committed to, such as insurance and the fact that revenue sharing income may he lost, that he felt this was just too much money for the Board to commit to this project. Mr. Riley stated at this point the Capital Improvements Projects Committee has discussed only the outdoor facilities and not the stadium. Mr. Stiles stated that the School Board needed to renew this plan with the Capital Improvements Projects Committee when they feel the time is appropriate. PLANNING COMMISSION BUSINESS PUBLIC HEARING CUP #011 -85 - DAVID E. DOVELL - OPEQUON MAGISTERIAL DISTRICT - TABLED The conditional use permit request of David E. Dovell was tabled until the next Board meeting (January 15, 1985). FINAL PLAT OF BATTLEFIELD PARTNERSHIP - APPROVED Mr. Riley presented this request. Mr. Hardison, Partner, appeared before the Board on behalf of his request. Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr, and passed unanimously, the final plat of Battlefield Partnership was approved as presented. ROAD RESOLUTION FOR COUNTRY PARK SUBDIVISION - APPROVED Mr. Riley presented this request. Upon motion made by Thomas B. Throckmorton, seconded by Robert M. Rhodes and passed unanimously, the following resolution was approved: BE IT RESOLVED, that the Virginia Department of Highways and Transportation is hereby requested to add the following sections of road (total length being 0.52 miles) to the Secondary System of Frederick County pursuant to Section 33.1 -229 of the Code of Virginia, 1950, as amended: 231 A. Country Park Drive, from the intersection of Senseny Road to the cul -de -sac where the road ends, a distance of approximately 0.44 miles; B. Green Park Drive, from the intersection of Green Park Court to the intersection of Country Park Drive, a distance of approximately 0.08 miles; AND FURTHER BE IT RESOLVED, that the Board does guarantee the Commonwealth of Virginia an unrestricted right -of -way of 50 feet and 40 feet with all necessary easements for cuts, fills and drainage; recorded in Deed Book 578, Pages 19 -20, dated June 20, 1984 and Deed Book 593, Pages 653 -663, dated May 13, 1985 in the Office of the Clerk of the Circuit Court. TRANSPORTATION COMMITTEE REPORT Mr. Orndoff presented the following report and stated that this was for the Board's information and that the public hearing on the six year road improvement plan would be held on January 29, 1986: The Frederick County Transportation Committee met on October 21, 1985, at 5:30 P.M. to discuss a number of Transportation items. The following Transportation Committee members were present at the meeting: Donald Taylor, Chairman; Malcolm T. Brumback; James Golladay; Elmer Lauck; Jacques E. Billmyer; Kenneth Y. Stiles; and also present were John R. Riley, Jr., County Administrator; William H. Bushman, Virginia Department of Highways and Transportation. The Committee discussed the following items: McDonnell Douglas Trucking - Mr. Bill McCrary Mr. McCrary expressed concern with the existing access on the Route 50 East corridor. His trucks are having extreme difficulty accessing their business located behind the existing K -Mart. They are currently using the K -Mart parking lot to enter and leave the site. The Committee requested that the Highway Department review the sight with the County Administrator and that Mr. McCrary contact K -Mart about using the outer portion of the parking lot for permanent ingress and egress. Welltown Pike - Mr. William Orndoff Mr. Orndoff appraised the Committee of the existing traffic hazard on Welltown Pike. The Committee reviewed these concerns and requested that the Highway Department take the following immediate action: A. Provide speed reduction warning signs. B. Provide curve delineation signs. C. Clear brush and mow to improve sight distance. D. Start negotiations with property owners to use property to widen curves. The Committee did feel that the current ranking of the project at #5 on the Six -Year Plan was the proper priority. 232 Route 647 - Mrs. Mary Sturm Mrs. Sturm provided the attached letter through the County Administra- tor with reference to bike paths and pedestrian ways. The Committee dis- cussed these items and felt that it was an excellent solution to a potentially dangerous problem. They suggested that the County Administrator contact the developers of those subdivisions affected to determine if there would be any interest in participating in this project. Route 633 - Mr. David Downes The County Administrator presented the attached letter to the Committee for consideration. They discussed the request and instructed the County Administrator and the Chairman to review the site to determine if the request has merit. They also felt that a recount was in order. Route 624 - Mrs. Eleanora Layman The Highway Department has advised that this project is being delayed by the National Historical Trust in Washington. This is the only approval necessary for this project to proceed. Major Road Improvement Projects The Committee reviewed the attached priority list and recommends that the ranking remain the same. Surfacing of Nonhard Surface Roads The Committee reviewed the new hard surface projects and recommends the attached list. Bridge Replacement The Committee reviewed the attached bridge and other secondary road project recommendations and recommends the attached list. Mr. Orndoff requested that Mr. Riley contact Mr. Bushman and inquire as to why the traffic count had changed on Route 666 as it was much further up the project list a year ago and he could not understand why it had been changed. Mr. Orndoff further stated that on Apple Pie Ridge, Route 673 to 663 would need attention in the very near future. ROAD RESOLUTION FOR STONEWALL INDUSTRIAL PARK - RESCINDED Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, to rescind the motion of C. William Orndoff, Jr. at the Board Meeting of November 13, 1985 for approval of sixteen hundred ( 1600) linear feet of McGhee Road in Stonewall Industrial Park. ROAD RESOLUTION FOR STONEWALL INDUSTRIAL PARK - APPROVED 233 Upon motion made by C. William Orndoff, Jr., seconded by Robert M. Rhodes and passed unanimously, the following resolution was approved: BE IT RESOLVED, that the Virginia Department of Highways and Transportation is hereby requested to add 1600 linear feet of McGhee Road, from the intersection of Lenoir Drive and McGhee Road to the Southwestern corner of the lot of McElroy Metal Inc. in the Stonewall Industrial Park, to the Secondary System of Frederick County pursuant to Section 33.1 -72.1 of the Code of Virginia, 1950, as amended. AND FURTHER BE IT RESOLVED, that the Board does guarantee the Commonwealth of Virginia an unrestricted right -of -way of 80 feet with necessary easements for cuts, fills and drainage; recorded in Deed Book 607, Page 255, dated 9, December, 1985. FIRE AND RESCUE COMMITTEE REPORT Mr. Orndoff, Chairman of the Fire and Rescue Committee, presented the following report and stated it was for information only, no action was necessary: The Fire and Rescue Committee met on November 18, 1985, at 7:30 P.M., in the Round Hill Fire Company facility. All Companies were present, except Gore (Co. 14) and Reynolds Store (Co. 20) . Also present was Bill Orndoff (Stonewall Supervisor). The following items were discussed: I. Items Requiring Action None. H. Items Not Requiring Action: A. The current situation regarding County Investigators was discussed. The Companies were informed that two investigative positions are being considered: One to be assigned to the Commonwealth's Attorney's Office and the other position to be assigned to the Sheriffs Department. B. The next meeting will be held December 16, at 7:30 P.M., at Round Hill. PERSONNEL COMMITTEE REPORT Mr. Throckmorton, Chairman of the Personnel Committee, presented the following report: The Personnel Committee met on Tuesday, December 3, 1985, with all members present and submits the following report and recommendations to the Board of Supervisors for consideration: 1. The Committee reviewed a recommendation from the Law Enforcement and Courts Committee to hire two Investigators, one in the Commonwealth's Attorney's Office (a new position) and one in the Sheriff's Department (a vacant position) . This request was also reviewed by the Finance Committee, recommended for approval and forwarded to the Personnel Committee for consideration. The Committee noted that the Commonwealth's Attorney and 234 Sheriff will seek funding for these two positions from the State Compensa- tion Board for next fiscal year. The Committee recommends approval of this request and transfer of funds from Fund Balance and Capital Contingency in the amount of $43,231 to the appropriate line items as follows: Commonwealth's Attornev 10- 2201 - 1001 -II $ 8,450.00 Salary 10- 2201 - 2001 -00 605.00 FICA 10 -2201- 2002 -00 509.00 VSRS 10 -2201- 2005 -00 262.00 BC /RS 10 -2201- 2006 -00 49.00 Group Insurance 10- 2201 - 2011 -00 266.00 Workers Comp 10 -2201- 5409 -00 973.00 Police Supplies 10 -2201- 7005 -00 _12,409.00 Car /Radio $23,523.00 FY85 -86 $20,282.00 Estimated Annual Cost FY86 -87 Choviff 10- 3102 - 1001 -14 $ 9,590.50 Salary 10- 3102 - 2001 -00 686.00 FICA 10 -3102- 2002 -00 578.00 VSRS 10 -3102- 2005 -00 262.00 BC /BS 10 -3102- 2006 -00 56.00 Group Insurance 10- 3102- 2011 -00 302.00 Workers Comp 10 -3102- 5409 -00 973.00 Police Supplies 10 -3102- 7005 -00 12,409.00 Car /Radio $24,856.50 FY85 -86 $22,949.00 Estimated Annual Cost FY86 -87 Upon motion made by Thomas B. Throckmorton, seconded by Will L. Owings and passed unanimously, the above recommendation was approved with the understanding that this individual would assist in arson investigations. Mr. Owings stated that the Personnel Committee was in hopes that the Compensation Board might fill this position in the future. 2. The Committee reviewed the County's Grievance Procedure as revised to conform to State Code Amendments and recommends approval of same. (See Attachment) . Upon motion made by Thomas B. Throckmorton, seconded by Will L. Owings and passed unanimously, the above recommendation was approved. 3. The Committee reviewed a request from the Director of the Division of Court Services to upgrade the annual salary of Case Officer Judd Feltner to $18,039 as detailed in the Finance Committee Report. This request was made in order to bring his salary up to the range of other CDI Case Officers in this region. The Committee recommends approval of this request. (See Attachment) Upon motion made by Thomas B. Throckmorton, seconded by Will L. Owings and passed unanimously, the above recommendation was approved. 4. The Committee reviewed a request from the Director of the Division of Court Services to hire an additional fulltime Facilities Clerk to adequately staff the facility 24 hours a day. This position would not require additional County funds, but would be funded through excess revenues. The Committee recommends approval of this request. (See Attach- ment) Upon motion made by Thomas B. Throckmorton, seconded by Will L. Owings and passed unanimously, the above recommendation was approved. 5. The Committee reviewed an amendment to the Overtime /Comp Time Policy to remove the words "(i.e., 5 days)" in Section IV, Subsection 4.3 of the Personnel Policies inasmuch as the schedules of many County employees are structured throughout the 7 day week to maintain a 40 hour work week. The Committee recommends approval of this amendment. (See Attachment) Upon motion made by Thomas B. Throckmorton, seconded by Will L. Owings and passed unanimously, the above recommendation was approved. PUBLIC WORKS COMMITTEE REPORT Mr. Orndoff, Chairman of the Public Works Committee, presented the following report: The Public Works Committee met on December 4, 1985, at 11:00 A.M., in the Conference Room at 9 Court Square. All members were present. Also present were John Riley and Bob Harriman. The following items were discussed: I. Items Requiring Action A. The Committee recommended that the Board adopt an Ordinance officially recognizing the Fire Companies in accordance with Section 27 -8.1 of the Code, as amended. (Attached) Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, for this to be advertised for public hearing. B. The Committee recommended that the Board adopt the Litter Control Resolution. (Attached) Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the following resolution was approved: WHEREAS, the Frederick County Board of Supervisors recognizes the existence of a litter problem within the boundaries of Frederick County, and WHEREAS, the Virginia Litter Control Act of 1976 235 236 provides, through the Department of Conservation and Economic Development, Division of Litter Control, for the allocation of public funds in the form of Grants for the purpose of enhancing local litter control programs, and WHEREAS, having reviewed and considered the Regulations and the Application covering administration and use of said funds, BE IT RESOLVED that the Frederick County Board of Supervisors: HEREBY endorses and supports such a program for Frederick County, and HEREBY expresses the intent to combine with the Towns of Middletown and Stephens City in a mutually agreed upon and Cooperative Program, contingent on approval of the Application by the Department of Conservation and Economic Development, Division of Litter Control and contingent on receipt of funds, and HEREBY authorizes Frederick County to plan and budget for a cooperative Anti - Litter Program, which shall represent said Program for all localities named in this resolution, and FURTHER authorizes Frederick County to apply on behalf of all of the above named localities for a Grant and to be responsible for the administration, implementation, and completion of the Program as it is described in the attached Application Form LC -G -1, and FURTHER accepts responsibility jointly with Frederick County and the Town of Middletown and Stephens City for all phases of the Program, and FURTHER accepts liability for its pro rata share of any funds not properly used or accounted for pursuant to the Regulations and the Application, and THAT said funds, when received, will be transferred immediately to the cooperating jurisdictions. All funds will be used in the Cooperative Program to which we give our endorsement and support. HEREBY requests the Department of Conservation and Economic Development, Division of Litter Control, to consider and approve the Application and Program, said Program being in accord with Regulations governing use and expenditure of said funds. II. Items Not Requiring Action A. Reviewed and discussed the organizational diagram of the pro- posed Fire Administrator and passed the modified diagram back to the Fire and Rescue Committee for their consideration. 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, December 5, 1985, at 8:30 A.M., in the Board Room. Present were Robert M. Rhodes, Chairman of the Law Enforcement and Courts Committee; Rhoda W. Maddox; Larry P. Coverstone; Charles R. Mcllwee and John R. Riley, Jr. Also present were Roscoe Bruce, Sheriff; John Liggett, Administrative Assistant/ Sheriff; Joe Walker, Director of Division of Court Services and Ann Kelican, Personnel Director. The Committee submits the following: Grant Application for the Community Correction Facility 237 Work Release Program The County Administrator reported that the Grant application for the Community Correction Facility Work Release Program had been returned by the Department of Criminal Justice Services for additional information. Mr. Walker, Director of Division of Court Services, advised that this informa- tion had been forwarded and the application resubmitted on November 19, 1985 and he had not yet received a response from the Bureau of Justice Assist- ance. (See Attached) There was no action taken. Civil Mediation Program The County Administrator advised that currently there is no legislation enabling the Division of Court Services to operate a Civil Mediation Program. The Committee therefore recommends that the Board of Supervisors request that such legislation be enacted for the 26th Judicial Circuit. Upon motion made by Robert M. Rhodes, seconded by Thomas B. Throck- morton and passed unanimously, the above recommendation was approved. Discussion of Man -Down System at the Jail Mr. Rhodes demonstrated a man -down system for possible use at the Jail. The system will be tested at the Jail and the results reported back to the Committee. Mr. Rhodes stated that he was a member of Med -Call of Virginia and this would have to go through Med -Call of another State. Upon motion made by Robert M. Rhodes, seconded by Rhoda W. Maddox and passed unanimously, to have this man -down system go through Med -Call of a State other than Virginia. Discussion of Incarceration of Juveniles at the Jail The Sheriff advised that as of January 1, 1986, they will no longer be able to incarcerate juveniles. He is therefore planning to request Sheriff Nicodemus of Clarke County to assist him in having the Compensation Board funded Clarke County Correctional Officers transferred to Frederick County to supplement the current staff. Upon motion made by Robert M. Rhodes, seconded by Will L. Owings and passed unanimously, the above was approved. FINANCE COMMITTEE REPORT Mr. Owings, Chairman of the Finance Committee, presented the following report: 238 The Finance Committee met on Tuesday, December 3, 1985. All members were present. The following items require Board Action: Operating Cost of the Regional Airport The County has been requested by the City of Winchester to share in the operating cost of the Airport. The Committee recommends that the County agree to participate in 3/8's of any deficit that exists on June 30, 1986, if the City will provide the County an estimate of the projected deficit by February 1, 1986. No action was taken. Request from Division of Court Services for Appropriation Transfer in the Amount of $11,000 The Division of Court Services is requesting an appropriation transfer of $11,000. No additional local funds are required. The Committee recommends approval. (See Attached) Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above recommendation was approved. Request from Division of Court Services for Appropriation in the Amount of $2,488.77 The Division of Court Services is requesting an appropriation FY 85 -86 in the amount of $2,488.77 in order to increase the salary of a CDI Case Officer. The Committee recommends approval as recommended by the Department of Corrections. (See Attached) Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above recommendation was approved. Request from Division of Court Services for Appropriation in the Amou of $4,826.55 The Division of Court Services is requesting an appropriation in the amount of $4,826.55 for a new full -time clerk for six months. The cost will be funded by program revenues with no cost to the County. The Committee recommends approval. (See Attached) 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 General Fund Appropriation in the Amount of $70,000 Parks and Recreation is requesting a General Fund appropriation in the amount of $70,000 in order to contract for architectural and engineering services for County pools from Hughes Group Architects. The Committee recommends the contract be awarded to the Hughes Group (low -bid). The Committee also recommends that $70,000 of the 600,000 already set aside for 239 pools be transferred and appropriated in the General Fund to pay these architectural and engineering costs. (See Attached) Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above recommendation was approved. The following items are for information only: 1. Attached is information from the Commissioner of the Revenue. 2. Attached is information on Agreement for the shared cost of a Solid Waste Compactor at Correctional Camp V. GYPSY MOTH COORDINATOR HIRED Mr. Riley stated that the position of Gypsy Moth Coordinator had been filled and the individual would be starting work on December 16. BOARD CHAIRMAN AND DR. GARY DEOMS TO BE IN WASHINGTON RE: RESOLUTION ON PEACH CROP DISASTER Mr. Stiles stated that he, Dr. DeOms and other interested individuals would he going to Washington, D.C. on December 12 to discuss the recent peach crop disaster with staff members of the Department of Agriculture. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the Board retired into Executive Session in accordance with Virginia Code, 1950, as amended, Section 2.1 -344, Subsection A (1) and (6) to discuss Personnel and Legal matters. BOARD WIT HDREW FROM EXECUTIVE SESSION Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Thomas R. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, the Board reconvened into Regular Session. DEPARTMENT HEAD EVALUATIONS - APPROVED Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, the evaluations of Robert Harriman, Public Services Director and Ann Kelican, Personnel Director were approved as submitted. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. 240` C ai man, Board of pervisors Cle Board of Sup isors