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February 09, 1983 Regular Meeting28 A Regular Meeting of the Frederick County board of Supervisors was held on February 9, 1983, at 7:00 P.M., in the Board of Supervisors' P.leeting Room, 9 Court Square, Winchester, Virginia. PRESENT S. Roger Koontz, Chairman; Will L. Owings, Vice- Chairman; William H. Baker; Rhoda W. Maddox; David L. Smith and Kenneth Y. Stiles CALL TO ORDER The Chairman called the meeting to order. I NVOCATI ON The invocation was delivered by the Reverend Parker Perkins of the Clearbrook Presbyterian Church. ADOPTION OF AGENDA Mrs. Maddox stated that she would like to request time under "County Officials" and further that the Law Enforcement and Courts Committee Report be moved forward on the agenda inasmuch as P.1r. Poe would like to leave as soon as this portion of the meeting is concluded as he has to drive to Richmond. Gtr. Owings stated that the agenda showed that the appointment to the Animal Care Committee would be made from Opequon District and in fact that appointment should be from Shawnee District. Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, that the agenda be adopted as amended. APPROVAL OF MINUTES Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and passed unanimously, that the minutes of the Regular Meetinq of January 12, 1983 be approved as submitted. COUNTY OFFICIALS firs. Maddox stated that she would like the Board to request that Dr. Gary DeOms of the Extension Department appear before the Board at their next meeting to enlighten the Board on the activities of the Gypsy P1oth Committee and the status of the Gypsy Moth within Frederick County. The Board concurred with Mrs. P1addox's request. LAW ENFORCEMENT AND COURTS COMMITTEE REPORT Mr. Charles Poe appeared before the Board to answer any questions the Board might have with reference to numbers 2 and 5 of this report. Mrs. Maddox, Chairman, presented the following report: The Law Enforcement and Courts Committee met on Tuesday, February 1, 1983, at 11:30 A.M. The following were in attendance: Rhoda 1V. Maddox, 29 Kenneth Y. Stiles, Larry Coverstone, Sheriff Roscoe Bruce, Charles Poe and Commonwealth's Attorney, Lawrence Ambrogi. The Committee submits the following report and recommendations: Authorize Use of County Seal on Fire and Law Enforcement Vehicles The Commonwealth's Attorney advised the Committee that the use of the County Seal on Official Fire and Law Enforcement vehicles posed no problems. This item is for informational purposes only. No action is required. The Board requested that Mr. Riley notify the various Fire Departments of this request. CDI Resolution Attached is the resolution which is recommended for approval by the Board of Supervisors. The purpose of the resolution is to express to the CDI Board the Board of Supervisors' perception as to the purpose and intent of the CDI program, particular emphasis is placed on the intent section of the resolution. Item number four was added to provide more involvement by the Commonwealth's Attorney's Office. The Committee recommends approval of the CDI resolution. Upon motion made by Rhoda W. Maddox, seconded by Kenneth Y. Stiles and passed unanimously, the above recommendation was approved. Joint Jail Acireement The Committee instructed the County Administrator and the Common- wealth's Attorney to redraft the agreement and circulate it to the various Committee members. A meeting will then be arranged with the appropriate Committee for the City of Winchester to discuss the agreement in order that the City Council and the Board of Supervisors may take action on the agree- ment. No action is required. No action was taken. Review of Regional Jail Program Information was presented to the Committee which reflected expenses incurred by users of the Regional Jail system. A considerable amount of time was devoted to this subject to insure the Committee's understanding of the funding and usership. It was felt that because of the information offered that the Committee could more intelligently respond to problems that occur at the Regional level. No action is required. Information on user- ship is attached. No action was taken. 30 Court Services Request for Full Time Clerk for the Work Release Center The Director of Court Services presented the request for the additional position. Mr. Poe advised the Committee that the position is mandated by the Department of Corrections and that no local funding is required. The Committee was also advised that the CDI Program is running in the black and that utilization is up. Based upon the information presented to the Committee, it was moved to approve the request and forward same to the Personnel Committee. See attached. No action is required. No action was taken. Area Wide Meetings Sponsored by the Division of Court Services Mr. Poe advised the Committee that the Division of Court Services is holding its scheduled meetings in a different locality within its service area each month. This strategy has enabled Mr. Poe's department to become more involved with local residents and inform them of the services provided by the Division of Court Services. The scheduled meeting for the Win- chester- Frederick area will be March 22, 1983 in the Winchester- Frederick Circuit Court Room. The topic for discussion will be the Alcohol Safety Action Program. Telephone lines will be made available to the public for a question and answer session along with the filming by the local Cable Tele- vision Company. Virginia Supplemental Retirement System The Committee reviewed the attached letter to the County Administrator from VSRS. Upon learning that the study would cost $850.00 rather than $256.00 and being uncertain as to how it would affect the employers con- tributions, it was decided to have the County Administrator research the request and respond back to the Committee. No action was taken. GARY VANMETER REAPPOINTED TO THE ANIMAL CARE COMf.`IITTEE FROM SHAWNEE DISTRICT - APPROVED Upon motion made by David L. Smith, seconded by Will L. Owings and passed unanimously, that Gary VanNeter be reappointed to the Animal Care Committee as a representative from Shawnee District for a one year term, said term to commence on February 9, 1983 and terminate on January 31, 1984. C. WILLIAM ORNDOFF, JR. APPOINTED TO THE TRANSPORTATION SAFETY COMMISSION FROM STONEWALL DISTRICT - APPROVED 31 Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, that C. William Orndoff, Jr., be appointed to the Trans- portation Safety Commission as a representative from Stonewall District for a one year term, said term to commence on February 9, 1983 and terminate on January 31, 1984. APPOINTMENT AND REAPPOINTMENTS TO THE EXTENSION ADVISORY COMMITTEE - APPROVED Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, that the following members from all districts with the exception of Stonewall, be reappointed to the Extension Advisory Committee for a term of one year, said term to commence on February 9, 1983 and terminate on January 31, 1984: P.1ildred Moss, Gainesboro District; Ike Phillips, Back Creek District; Gwen Lunsford, Shawnee District; Harold Nichols, Opequon District; Carolyn Marker, At -Large P.1ember; Joe Lizer, At -Large Member; Margaret Douglas, At -Large Member. Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, that Janet Stiles be appointed to serve on the Extension Advisory Committee as a representative from Stonewall District for a one year term, said term to commence on February 9, 1983 and terminate on January 31, 1984. Mr. Stiles inquired as to how the three members At Large were origin- ally arrived at on the Extension Advisory Committee. Mr. Koontz stated that this was handled in Blacksburg and this was done when the Committee was originally set up. He further stated that he felt this was an item that should be discussed in a Board worksession. Mr. Stiles stated that he had no problem with it staying as it is for this year but he would like to have it changed for next year. IDA MEMBER RICHARD DICK PRESENTS CHECK TO BOARD FOR $2000 tir. Richard Dick, IDA member, appeared before the Board and stated that he would like to present the Board with a check for $2,000 from the Industrial Development Authority. Fie further stated that when the IDA was originally formed the County had given them $2,000 to help with expenses of the IDA and now they felt they were in a position where they could repay this money back to the Board. Mr. Koontz thanked Mr. Dick for his check on behalf of the Board of Supervisors. DOUG RINKER, VOCATIONAL AGRICULTURE TEACHER, ADDRESSES THE BOARD ON BEHALF OF T NATIONAL FFA WEEK 32 Mr. Rinker appeared before the Board and stated that he was present tonight on behalf of the FFA Chapters within the County and at this time he would like to present the Chapter's President, Kim Lineburg, to the Board in order that she might tell them about the activities of the local FFA. P,1s. Lineburg appeared before the Board and stated that she would like to thank the Board for all their support on behalf of the FFA members within the County. Mr. Riley read the following proclamation declaring February 19 -26 as FFA Week. WHEREAS, the Future Farmers of America with vocation agricul- ture education is a strong force for America's agriculture; and, WHEREAS, members of the FFA are playing an outstanding role in assuring the future progress and prosperity of our nation; and, WHEREAS, the FFA motto - "Learning to do, doing to learn; earning to live, living to serve" - gives a direction of purpose to these future leaders for tommorrow's agriculture; and, WHEREAS, the FFA performs the valuable service of developing leader- ship, encouraging cooperation, promoting good citizenship, teaching modern agriculture information, and inspiring patriotism among its members. NOW, THEREFORE BE IT RESOLVED, visors of the County of Frederick, Virgini of February 19 -26, 1983 as FFA Week. RESOLVED this 9th day of February, /s/ S. Roger Koontz S. Roger Koontz, Chairman /s/ Will L. Owings Will L. Owings, Vice - Chairman that the Board of Super - a does hereby designate the week 1983. /s/ Rhoda W. P.laddox Rhoda W. Maddox /s/ William H. Baker ATTEST: /s/ John R. Riley, Jr. John R. Riley, Jr., Clerk Board of Supervisors /s/ David L. Smith David L. Smith /s/ Kenneth Y. Stiles Kenneth Y. Stiles Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, the above proclamation was approved as presented. DAVID OWINGS, SECRETARY OF THE ELECTORAL BOARD, ADDRESSES ROAan Mr. Owings appeared before the Board and stated that he had two requests which needed the Boards' approval. 1. Move Middletown Precinct from present location to Middletown Town Hall. The move is necessary because of the present facilities. Upon motion made by Will L. Owings, seconded by Kenneth Y. Stiles and passed unanimously, the above request was approved. 2. Leave Gore and Gainesboro at their present locations for this year. There was no action taken. 33 3. Permission to combine FJeffstown and Clearbrook into one location. The Electoral Board would like to have it at the Stonewall School inasmuch as we have to take it out of the Frederick Block Office and there are no other buildings available. Mr. David Owings stated that if this request is granted there would be a public hearing held ninety days prior to the election to get the input of the citizens of the FJeffstown Precinct. Mr. David Owings stated that the Electoral Board had looked throughout the FJeffstown area to try and locate a suitable business location but they had not been able to come up with one. He further stated that he had appeared before the School Board with reference to this request and the School Board informed him that they had not made up their calendar for next year. Mr. Stiles asked if at the public hearing, if sufficient opposition developed, who makes the decision at that time to make the change, the Electoral Board or the Board of Supervisors. P.1r. David Owings replied the Electoral Board. P1r. Stiles asked that if the Board of Supervisors approves this request tonight, is it out of their hands. Mr. Owings replied that that is correct unless someone objects to the Electoral Boards' decision and then it is appealed to the Board of Super- visors. Mr. Stiles stated that he had mixed emotions about this for a number of reasons, especially if School is in session with some 2,000 persons voting, then he felt this would be disruptive and could cause some serious problems. He further stated that given the fact that there would be a public hearing and the Board will have the opportunity should it be necessary to review the decision after the public hearing, he would move to approve on that basis but he reserved the right to change his mind later. Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously that permission be given to the Electoral Board to com- bine Neffstown and Clearbrook Precincts to one location. STANLEY KUKANICH APPOINTED TO THE INFORMATION SERVICES COP.1P- 11TTEE - APPROVED Mrs. Maddox stated that Mr. Stanley Kukanich had been nominated as the citizen member to serve on the Information Services Committee. Upon motion made by Rhoda VJ. Maddox, seconded by William H. Baker and passed unanimously, that Stanley Kukanich be appointed as the citizen member 34 to serve on the Information Services Committee for a one year term, said term to commence on February 9, 1983 and terminate on January 31, 1984. PARKS AND RECREATION COMP.11SSION BY -LAWS DISCUSSED Mr. Stiles stated that a letter had been sent by Mr. Roger Milburn, President of the Parks and Recreation Commission, addressing a matter that had not been discussed by the Board. The issue the Board raised was on the At -Large members and whether they should be appointed by the Commission or by the Board of Supervisors. Mr. Hilburn appeared before the Board and asked why the procedure the Commission had been following could not be continued. Mr. Stiles stated that the Parks and Recreation Commission is an Advisory Commission that reports to the Board and he felt it was a better procedure for the Board of Supervisors to be the ones that appointed the At -Large members rather than the Commission. Mr. Milburn stated that the Commission had mentioned the possibilities of forming a Youth Advisory Board inasmuch as the student representatives have a problem in attending the Commission meetings. Mr. Koontz asked that the Commission follow up on this and report back to the Board of Supervisors with their findings. Mr. Milburn concurred with this suggestion. PAUL RHINEHART PROPERTY DISCUSSED AND APPROVED Mr. Smith stated that he would like to have the time limits as imposed by the Board followed in the discussion of this matter. P1r. Baker stated that he would like to suggest that the Attorneys and anyone else that wishes to speak address their questions to the Board con- cerning this matter. Mr. Billy Tisinger, Attorney, appeared before the Board and stated that he would like to make the following request on behalf of his client, Mr. Paul Rhinehart: That the one hundred twenty days be extended to September 1, 1983 and that on September 1, 1983 that Mr. Rhinehart will voluntarily cease hauling tires to the present location and no further tires would be hauled to this location until he would give the Board thirty days notice that he intended to start hauling tires again, and further that this would not be done unless the incinerator works. Mr. Koontz asked that if what he was asking for was an extension of the one hundred twenty days. 35 Mr. Tisinger stated that was correct. lie stated they had some footers to put in as they were stopped on this project in October. He further stated they had obligations as they have twelve people hired at this loca- tion and feel they need this extra time. Mr. Baker referred to the property that would be storing the tires in the future. Mr. Tisinger stated that P1r. Rhinehart does have ten acres that is zoned Industrial but it would take some time for the property to be prepared for use as an Industrial site. P1r. Owings asked Mr. Tisinger if he would agree not to haul any addi- tional tires to the present location until he had utilized a large percent- age of the tires that are presently there that is if the incinerator would prove satisfactory. P.1r. Tisinger stated that he could not make that committment, if we cut off the supply of tires now it would be very difficult to get these tires if and when we would need them at a later date. Mr. Owings asked if he would agree just to accept those tires that would come from Frederick County. Mr. Tisinger stated that no he couldn't do this because if the inciner- ator works properly it would take more than the tires in Frederick County to keep it going. Mr. Jay Vletsel appeared before the Board stating that he was represent- ing P.lessers. Charles and William Pullman who own one hundred ninety acres adjacent to Mr. Rhinehart. lie stated that he had a petition that had been signed by neighbors of this area that are opposed to this operation of P.1r. Rhinehart's. He further stated that since December of 1972 millions of tires have been accumulated and that after investigation he suspected a lot of these tires were coming from the P.1etropolitan area and that this was a big business being conducted in an Agricultural District, and further that this is a non permitted use that is going on at this location. P.1r. Vietsel further stated that no building permit had been obtained and that noone had tested the incinerator and that there had been continued blatant disregard of the County Zoning Ordinance. Discussion followed as to whether or not any formal application had ever been made by Mr. Rhinehart with reference to him making an application to the Board of Supervisors for this operation. 36 Mr. Koontz stated that the minutes showed that it was discussed by the Board several years ago but that no action was taken by the Board at that time. Upon motion made by Kenneth Y. Stiles, seconded by Rhoda 1 1 J. Maddox an passed unanimously, that the petitions as presented by F.1r. Wetsel be made a part of the records of this meeting. Mr. Carmen Rio, local tire distributor, appeared before the Board and expressed to the Board his views on how the various localities are getting rid of tires and he hoped that an attitude of cooperation would be used in resolving this situation. Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, that the memo as read by Mr. Riley outlining the follow- ing conditions of Mr. Rhinehart's request be approved. Mr. Owings stated that he would like to make a substitute motion as he realized the weather conditions at this time of the year and he would like to make a move that the time be changed from one hundred twenty days to September 1, 1983 deadline as requested by F1r. Tisinger. He further stated that Mr. Tisinger, as Mr. Rhinehart's Attorney, was willing to work with the County and he felt in return the County should be willing to work with P,.1r. Tisinger and F.1r. Rhinehart. Upon motion made by Will L. Owings, seconded by David L. Smith and passed unanimously, that the agreement between the County and Mr. Rhinehart be amended to change the amount of time from one hundred twenty days to September 1, 1983 and to read as follows: This memorandum is being written to state this department's recommenda- tion regarding the activities taking place on property owned by Alma B. Rhinehart (Property ID #50000 -A00- 0000 - 0000 - 0058 - 0). It is the understand - inq of this department that the Board of Supervisors has determined that the experimental furnace and the existing tires on that property are permitted uses in the A -1 Agricultural Zoning District in the Frederick County Zoning Ordinance. This determination is contingent upon the use of the products and byproducts of the incineration process solely for the processing of agricultural products on Mr. Rhinehart's property. The incineration process must also meet all applicable Federal, State, and County regulations. If at any time in the future Mr. Rhinehart wishes to use that incinerator or any other equipment on his property for processing on nonagricultural products, that activity will need to take place on property zoned appropriately for that processing activity. The staff would recommend that the Board of Supervisors notify Mr. Rhinehart that he must cease transporting more tires to the above property on or before September 1, 1983. If P.1r. Rhinehart wishes to store more tires, this must be done on property appropriately zoned for that activity. Gtr. Rhinehart does have property which is currently zoned C1 -2 (Industrial - General) on which the storage of tires, which are to be used as fuel for an existing manufacturing process which has been shown to meet all Federal, State, and County regulations is a permitted use. 37 It is also the understanding of this office that Mr. Rhinehart is to agree to comply with any applicable sections of the Virginia Uniform Statewide Building Code during further construction of his processing equip- ment. The Department of Public Services has contacted the State Office of the Uniform Building Code concerning the issue of "farm use" under the Code. If Par. Rhinehart's equipment is classified as "farm use ", the Building Code would have no jurisdiction. The State Office has stated that Section 36- 97(12) of the Code of Virginia is unclear as to whether Mr. Rhinehart's equipment would fall under the jurisdiction of the Building Code. They have suggested that the Commonwealth's Attorney request an Attorney General's opinion. The staff agrees with this suggestion, if Mr. Ambrogi cannot determine from his own reading of the Code whether the Building Code has jurisdiction. If the Board of Supervisors concurs with the content of this memoran- dum, this office would suggest that the Board include this memorandum in their official record as the official position of the Board of Supervisors on this date. This would tend to clear up any possible confusion in the future as to the position of the Board of Supervisors regarding this matter. When the Building Code issue is resolved, the staff will advise the Board through another official memorandum. The Board recesses. CUP #018 -82 - JACOB PUFFENBERGER - GAINESBORO MAGISTERIAL DISTRICT - APPROVED Mr. Horne stated that in his opinion the issue of salvage and scrap should be separated in this conditional use permit request. Mr. Jacob Puffenberger appeared before the Board and stated that he had neighbors and relatives that were willing to testify to the fact that he had operated a junk business at this location for the past several years. Mrs. Maddox stated that she felt the question was not whether Mr. Puffenberger was in the junk business but to what degree he was in the business. P.1r. Owings asked Gtr. Puffenberger how long he used the property in question as a storage place for these automobiles. Mr. Puffenberger replied since 1971. Par. James Shumar, a neighbor of Mr. Puffenberger's, appeared before the Board stating that he felt Par. Puffenberger had been illegally operating a junkyard as it is defined in the County Ordiance. Fie further stated that he did not feel the question in this matter was whether Mr. Puffenberger had been dealing in junk because he had, but that he has been operating a junk car yard. Par. Shumar further stated that Mr. Puffenberger had obtained a State license in November of 1973 but that he had not been issued another State license until 1982 and other than those two licenses Mr. Puffenberger had no other licenses during this period for the operation of this business. Pars. Maddox stated that Mr. Puffenberger had agreed to reduce the number of cars down from the number he has had in the previous years to 20. 38 Discussion followed by the Board as to whether the Board had the right to reduce the number of cars based on the context of the conditional use permit. Mrs. tladdox addressed the question of storage of parts and whether or not this should be addressed as a condition to the permit. Mr. Stiles asked why this would be necessary if noone would see the parts. Mrs. P,laddox stated that as long as noone would see them she would have no objection. Mr. Calvin Fox, Jr., Mr. John Crouse and Mr. Robert Kerns, neighbors of Mr. Puffenberger, along with Mrs. Judy Lee, his sister, appeared before the Board to tell what they knew about Mr. Puffenberger's operation, the years he had had this operation and the amount of vehicles that he had had at this location at various times. Mr. Owings asked Mr. Puffenberger why he had not gotten a license since 1973. Mr. Puffenberger replied because it cost him fifty dollars each time he would get a license and he did not see any point in having one. Mrs. Maddox asked if the Board accepted the fact that t1r. Puffenberger has been in the scrap business, would they then address the ordinance pertaining to the number of inoperable cars. Mr. Stiles asked if the State ordinance did not also define automobile graveyards as being more than five inoperable vehicles. Mr. Horne replied this is correct. Mr. Stiles stated that the Board could not amend this. Mr. Horne stated that is correct, but they don't enforce it either. Mr. Stiles asked if we change this, then we have one State and one local ordinance of what constitutes an automobile graveyard. Mrs. Maddox stated that she would like for the Board to approve the conditional use permit but that it did concern her about the condition of only being able to have five inoperable cars. Mr. Horne stated that the Board did not have to decide on the matter tonight, that it could be addressed in the ordinance. Mr. Stiles stated that the Planning Commission had tossed this around quite a few times and the Planning Commissions' conclusion is that the limit is on inoperable vehicles as defined by the ordinance, which the Planning Commission just added this definition within the last year. 39 Mr. Horne stated that the Planning Commission did not add it, that it had been used in a Court case. Mr. Stiles asked if an automobile can be economically made operable, then they are not inoperable vehicles, that is basically what the County ordinance says. Mr. Horne stated that if this is the case, the Board wants to use the long definition of inoperable vehicles, it is the definition that is under junkyards in the ordinance that describes the vehicle. The definition reads, "Motor vehicles of any kind incapable of being operated and would not be economically practical to make operative ". Mr. Riley stated that the Board had two options as he saw it that they could vote on tonight regarding this matter: 1. The degree of nonconformity based on the testimony that has been given and the information that Mr. Horne has received, the degree of nonconformity is twenty vehicles based upon all of that information. That takes care of identifying it as a nonconforming use. 2. Take action on the conditional use permit. Mrs. Maddox stated that with the testimony that had been given at tonight's meeting, that it has been shown that most of the cars have been run through, they are brought in, the parts are taken off and they are moved on and if f1r. Puffenberger is willing to set it at twenty cars that this would be a fair number for the Board to set. Mr. Stiles stated that there has been nothing to indicate that in the testimony given, that the average number of vehicles that Gtr. Puffenberqer has had have been in the range of thirteen and fourteen and this is what you are saying if you limit him to twenty vehicles in this junkyard. Upon motion made by Rhoda W. Maddox, seconded by Kenneth Y. Stiles, that conditional use permit #018 -82 of Jacob Puffenberger for a public garage for a towing service and auto repair with the following conditions as recommended by majority vote of the Planning Commission be approved: 1. This be a one year permit to be reviewed annually by the staff, Planning Commission and the Board of Supervisors. 2. If the use, occupancy, or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. 3. All operations are to be fully screened from view from all adjacent properties and the road. 4. The planned public garage for towing service and auto repair is to be placed in the area which is presently cleared to the rear of the property and activities in front of the property are to be cleared and moved to the rear of the property within one year. as 5. Limit to five vehicles which are incapable of being operated and would not be economically practical to be made operative. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, William H. Baker, Rhoda W. Maddox, David L. Smith and Kenneth Y. Stiles. Flay - Will L. Owings. Mr. Stiles stated that as a matter of housekeeping would it be appropriate for Mr. Puffenberger to subdivide his lot between the portion of his residence to designate a separate parcel as housing the public garage and the nonconforming use. Mr. Horne stated that he would work with Mr. Puffenberger on this. JUDICIAL CENTER REPORT The following memo from Robert Harriman, Public Services Director, was presented: I attended the progress meeting held on February 1 at 10:00 a.m. Those attending included representatives from HOK, Shockey, Foundation Engineer- ing, HOK's engineering firm, HOK local representative, and the City of Winchester. The construction is and remains two weeks behind schedule but Shockey believes the time can be made up. Shockey's application for payment for January, 1983 was given to all present and is attached. HOK made it very clear to the contractor that any material for construction received and held in storage must be insured. The next meeting is scheduled for 10:00 a.m., March 1, 1983. F.1r. Riley stated that this report was being presented for information only Mr. Smith asked if a change order had been submitted to HOK. Mr. Harriman replied that to his knowledge, no. Mr. Stiles asked if HOK was completely aware of the Boards' feelings regarding any additional expenses. Mr. Harriman replied that yes they were aware of this as it had been discussed at the meeting. CODE AND ENGINEERING COMMITTEE REPORT Mr. Will Owings, Chairman, presented the following report: The Code and Engineering Committee met on February 2, 1983 with all members present, except Mr. Robert Prettyman. The Committee makes the following report: 41 The bids for the repair of the undercarriage of the D -81i Bulldozer were discussed. The low bid of $13,308.08 by Carter Machinery (Virginia Tractor) was accepted. The repair to the undercarriage was anticipated and budgeted. There was no action taken. A letter to local veterinarians formally asking for their participation in a rabies clinic and any ideas they might have for the conduct of the clinic was reviewed. (See attached) The content of the letter was approved and it will be mailed on February 4. There was no action taken. BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, the Board retired into Executive Session in accordance with Virginia Code (1950) Section 2.1 -344, Subsection A (2) to discuss Acquisition of Land. BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by Rhoda IV. Maddox, seconded by Kenneth Y. Stiles and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by Rhoda W. Maddox, seconded by Kenneth Y. Stiles and passed unanimously, the Board reconvened into Regular Session. BOARD DISCUSSES ACQUISITION OF LAND AND THE COUNTY SHARE OF THE COST OF THIS LAND LOCATED ON ROUTE 7 EAST WITH PRESENT LANDOWNERS AND THEIR ATTORNEY Mr. Sloan Kuykendall, Attorney for Mr. and Mrs. Robert Koon and their son, appeared before the Board and stated that he was representing the Koons. Fie further stated that he would like for the Board to work with the Frederick - Winchester Service Authority to see if an agreement could be worked out with the Koons concerning their farm in order that the condemna- tion proceedings would not be necessary. Mr. Koon, Jr. stated that the Frederick - Winchester Service Authority had wanted to drill holes on their property, not only small holes but larger ones that would need to be dug by a backhoe and he had a problem with this due to the fact of his dairy operation. Mrs. Koon presented a letter to the Board that had been received by them from Gtr. Wellington Jones and after discussion by the Board it was noted that some of the points that was addressed in the letter were also addressed in Executive Session just a few minutes earlier but there are 42 discrepancies between what was said in the letter and what was said in Executive Session. Mr. Kuykendall stated that the Frederick - Winchester Service Authority had said they were willing to pay the Koons $160,000 for this property, but that he did not feel this was a fair price for the property. Mr. Smith stated that in view of times being tough, plus he felt the Board needed to get together again with Mr. Jones to be sure of all the facts as they now stand, and in light of this he would move to table any action on this matter until the meeting of February 23, 1983. Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, that the request of the Frederick - Winchester Service Authority for an appropriation from the Board of Supervisors of $180,000 as one -half of the purchase price of the Koon property on Route 7 East be tabled until the February 23, 1983 Board meeting and that the Service Authority be directed to try and negotiate a settlement with the Koons family, if possible, during this time. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. ,ha 7 ' oard f Su ervisor� Cler , Board df gupery rs