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March 23, 1983 Regular Meeting72 A Regular Meeting of the Frederick County Board of Supervisors was held on March 23, 1983, at 7:00 P.M., in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT S. Roger Koontz, Chairman; Will L. Owings, Vice- Chairman; Rhoda W. Maddox; David L. Smith and Kenneth Y. Stiles. Absent - William H. Baker. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by the Reverend Conrad Christianson of the Bethel Lutheran Church. ADOPTION OF AGENDA Mr. Smith stated that he had an item under "Unfinished Business" Mrs. Maddox stated that someone was present to enlighten the Board about the James Wood High School students forthcoming trip to England. Mr. Koontz stated that he had a statement under "Unfinished Business" that he would like to share with the Board on the Frederick - Winchester Service Authority. Mr. Stiles stated that he had a brief item under "Planning Commission Business ". Mr. Owings stated that he had a item under the "Finance Committee Report ". Upon motion made by Rhoda W. Maddox, seconded by Will L. Owings and passed unanimously, the agenda was adopted as amended. STUDENTS FROM JAMES WOOD HIGH SCHOOL AND HANDLEY HIGH SCHOOL TO TRAVEL TO WINCHESTER, ENGLAND Mrs. Charlotte Hittock appeared before the Board stating that twenty one students from James Wood and Handley would be going to Winchester, England and she wanted to thank the Board for the County Seal they had given to the group to present to the Mayor of Winchester, England. RESOLUTION IN HONOR OF JAMES WOOD HIGH SCHOOL BASKETBALL TEAM - APPROVED Upon motion made by Rhoda W. Maddox, seconded by Kenneth Y. Stiles and passed unanimously, that the following resolution be approved in honor of the James Wood High School Basketball Team and their coaches: WHEREAS, The James Wood High School Basketball Team won the Common- wealth District Basketball Championship; and, WHEREAS, The James Wood High School Basketball Team also won the Northwest Regional Basketball Championship; and, 731 WHEREAS, The team was one of the final four teams for the State of Virginia Championship; and, WHEREAS, The team has achieved this honor through hard work, dedication and true sportsmanship which has brought favorable recognition upon themselves, their school and their community; NOW, THEREFORE BE IT RESOLVED, That the Frederick County Board of Supervisors offers its congratulations to the coaches and players of the team for a job well done; and, BE IT FURTHER RESOLVED, That a true copy of this resolution be presented to the coaches and the team. RESOLVED This 23rd day of March, 1983. /s/ S. Roger Koontz S. Roger Koontz, Chairman /a/ W:II I _ nwinne Will L. Owings, Vice- Chairman /s/ William H. Baker William H. Baker ATTEST: /s/ John R. Ri /s/ Rhoda W. Maddox Rhoda W. Maddox /s/ David L. Smith David L. Smith /s/ Kenneth Y. Stiles Kenneth Y. Stiles JV1111 1 %. 1 %11Gy, JI . Clerk, Board of Supervisors Mr. Stiles requested that each team member, as well as each coach, receive a copy of this resolution. DR. MARY SPENCER, FROM THE SHENANDOAH AREA AGENCY ON AGING PRESENTS DRAFT REPORT ON LONG TERM CARE SERVICES TO THE Dr. Mary Spencer appeared before the Board on behalf of the Long Term Care Services Commission and explained the contents of the Draft Report to the Board. Mr. Stiles asked what the fiscal impact would be from this program. Dr. Spencer stated that no additional funds had been allocated for this program. ESTHER BOYD ADDRESSES THE BOARD RE: RABIES CLINIC Mrs. Esther Boyd appeared before the Board and presented the following report on the Rabies Clinic that was held on March 19, 1983: Veterinarian Place Cats Dogs Total Dr. Davis Stephens City 65 50 115 Veterinarian Clinic Dr. Mandel Stephens City 43 43 86 Animal Hospital Dr. Grimes Greenwood Fire House 96 72 168 Dr. Robinson Gainesboro Fire House 78 97 175 Dr. Fish Winchester Animal Hospital 130 105 235 412 367 779 74 Mr. Stiles requested that the County Administrator send letters of appreciation to each participating Veterinarian as well as those Fire companies that gave assistance to this clinic. AMENDMENT TO PARKS AND RECREATION BY -LAWS - APPROVED Mr. Cheely, Parks and Recreation Director, appeared before the Board stating that the Parks and Recreation Commission had approved an amendment to the By -Laws regarding membership. Upon motion made by Kenneth Y. Stiles, seconded by Will L. Owings and passed unanimously, that the following amendment to the Parks and Recreation By -Laws be approved as submitted by the Parks and Recreation Commission: There shall be seven (7) members on the Commission. One from each County Magisterial District, appointed by the Board of Supervisors to serve for four (4) year terms, and two (2) at large members recommended by the Commission and approved and /or appointed by the Board. Commission to make recommendations as to the appointment and terms. The above motion was amended to include the term of office for at -large members to be four (4) years on a staggered basis. THOMAS A APPOINTED TO AT -LARGE ,TION COMMISSION - APPR TION ON THE Upon motion made by Rhoda W. Maddox, seconded by David L. Smith and passed unanimously, that Thomas A. Grove be appointed to the at -large position on the Parks and Recreation Commission, said term to be retroactive to January 18, 1983 and terminate on January 18, 1987. PARKS AND RECREATION SPORTS AND ATHLETICS SUPERVISOR POSITION NOT TO BE FILLED AT THIS TIM Mr. Cheely appeared before the Board stating that Mr. Larry Gibson, Superintendent of Sports and Athletics, had resigned to become Director of Parks and Recreation in Clarke County, and that he would like to fill this position as soon as possible. Mr. Owings stated that it was his understanding that the Personnel Committee had not had time to meet with reference to filling this vacancy and he felt it was a matter that should come before the Finance Committee because the Finance Committee had earlier recommended to the Board that a freeze be put on all employment in Frederick County. He further stated that a memo had been received from Mr. Riley stating that this was urgent and the Board should take action on this at tonight's meeting. The Board discussed the fact that this had not come before either the Personnel or the Finance Committee and Mrs. Maddox stated that she realized the urgency of this, but she personally felt it should go to the Committees that were involved. 5 Upon motion made by Will L. Owings and seconded by David L. Smith, that this request by the department of Parks and Recreation to fill the position of Superintendent of Sports and Athletics be heard at tonight's Board meeting. Mr. Owings made the following statement: As a member of the Finance Committee, which has been preparing since December for the 1983 -84 budget, which has been quite a task and our revenue does not meet the anticipated and requested funds by all departments. Certain cuts have had to be made and the Committee is still not to where they have balanced the budget. The Committee has more or less promised the citizens of Frederick County that there will not be a tax raise in the year coming up. There are certain functions that must be funded, too many have first priorities. The Schools and the Law Enforcement must come first, therefore a lot of items and requests that are desirable, but in this particular time we are not about to supply all of them. Our Recreation Department has grown completely out of proportion to the other surrounding Counties and what we are able to afford. I have been opposed to any reduction in personnel. 1 don't like the idea of having to let someone go, but due to the press of the finance requirements, I feel that we must reduce our Recreation program to a considerable amount below of what it now is. I think the first step is to reduce the personnel by attrition. 1 am opposed to any laying off of people. I think this has to be done through attrition and if the programs have to be deleted, this will have to be done because in the preparation of the budget, there are more complaints about the money we are spending for Recreation than any other single item in this County. I would like to move that we do not replace Mr. Gibson. I hate to see him go, he had been a valuable employee. I would like to request the Recreation Department to spread this work between the other Parks and Recreation Supervisors. Upon motion made by Will L. Owings, seconded by Kenneth Y. Stiles, that the position currently held by Mr. Larry Gibson, Superintendent for Sports and Athletics, will not be filled by the Board at this time. Mr. Cheely stated that the Parks and Recreation budget had continually reduced its budget over the last three years and there had not been an increase in personnel either in part -time or full -time. He stated that his only concern was that this was the most pressed division within the Depart- ment and he could not realistically see how these responsibilities could be spread among the remaining staff. The above resolution not to fill this position was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, Rhoda W. Maddox, David L. Smith and Kenneth Y. Stiles. HANDLEY REGIONAL LIBRARY AGREEMENT - APPROVED Mr. Riley stated that the total budget for the Handley Regional Library Agreement had increased from $375,730.00 to $395,846.00 for the 1982 -83 budget, but that Frederick County's share had been lowered from $96,116.00 to $91,416.00. irl Upon motion made by Kenneth Y. Stiles, seconded by Rhoda W. Maddox and passed unanimously, that the following Handley Regional Library Agreement be approved for 1982 -83: The political subdivisions executing this instrument do hereby establish a regional library covering the political subdivisions executing this instrument and agreed to be bound by the rules and regulations set forth below, and the Handley Library Board agrees to be bound by the rules and regulations set forth herein: 1. The regional public library shall be known as The Handley Library with its principal office in The Handley Library building, Winchester, Virginia. 2. Ownership of the Handley building in Winchester, Virginia and its contents shall continue to be vested in the Handley Board of Trustees. 3. The Treasurer of the City of Winchester shall serve as Fiscal Agent of the regional library. 4. The Handley Library staff is paid directly from the City of Winchester treasury. Such personnel shall continue to be paid by the City of Winchester and shall continue to obtain such fringe benefits as are common to the City of Winchester employees. 5. The regional public library shall operate as a regional library as provided in Chapter 2, Title 42.1 -34 and 42.1 -37 Code of Virginia (1950), as amended. 6. The management and control of the regional library shall be vested in the Handley Library Board created and appointed pursuant to Chapter 2, Title 42.1 -38 Code of Virginia (1950), as amended. The Board shall consist of nine members with five of the members appointed by the Common Council of the City of Winchester, three appointed by the Board of Supervisors of Frederick County and one appointed by the Board of Supervisors of Clarke County. 7. The Handley Library Board (regional) shall operate according to the laws governing regional library boards generally; Title 42.1 -39 and Title 41.1 -40 Code of Virginia (1950), as amended. 8. The Handley Library Board (regional) shall provide and regulate services as determined by the Board, to the residents of each of the political subdivisions who are a party to this agreement. 9. At least once each year as may be requested by any of the political subdivisions as party to this agreement, the Handley Library Board (regional) shall make a full report showing the progress of the library's facilities and usage, the state of its physical assets, its collections and the plans of the Board for the future. There shall also be submitted a properly audited financial report showing receipts from all sources and all disbursements and a projected budget for the coming year. 10. The operational budget of the Handley Library (regional) shall be submitted annually to each of the political subdivisions in the regional library for approval by the political subdivisions who are parties to this agreement after meeting together. 11. The proportionate share of the budget to be borne by each political subdivision, for fiscal years beginning July 1, 1982 and thereafter, shall be the same as each political subdivision's residents proportionate share of the total usage of the Handley Library. 12. For the fiscal year beginning July 1, 1981, Clarke County shall pay the sum of $19,930 and the remainder of the funds needed to meet the budget of the Handley Library shall be apportioned, sixty percent (60 %) to the City of Winchester and forty percent (40 %) to the County of Frederick. M 13. All individuals, other than residents of the political subdivisions who are members of the regional library, shall pay for their usage of the library in such amounts as are determined by the Handley Library Board. 14. In the event that any of the participating parties to this agree- ment determine to dissolve this agreement it shall be as provided by law, but any property such as books, magazines, cassettes, or other library materials shall remain the property of The Handley Library. WITNESS the following signatures and seals duly authorized by the respective governing bodies of the City of Winchester on the 8th day of March, 1983; of the County Frederick on the 23rd day of March, 1983 and of the County of Clarke on the 19th day of April, 1983, affixed upon triplicate copies thereof: CITY OF WINCHESTER By /s/ Wendell L. Seldon Wendell L. Seldon City Manager ATTESTING SEAL: By /s/ Patricia B. Ashby Clerk of Council BOARD OF SUPERVISORS OF FREDERICK COUNTY By /s/ S. Roger Koontz S. Roger Koontz Chairman ATTESTING SEAL: By /s/ John R. Riley, Jr. County Administrator BOARD OF SUPERVISORS FOR CLARKE COUNTY By /s/ Eustace Jackson Eustace Jackson Chairman ATTESTING SEAL: By /s/ G. Robert Lee County Administrat Reviewed and approved this day of , 198 HANDLEY LIBRARY BOARD By /s/ Forrest S. Racey Forrest S. Racey Chairman ANN K. KELICAN, PERSONNEL DIRECTOR, ADDRESSES THE BOARD RE: JOB TRAINING PARTNERSHIP ACT Mrs. Kelican appeared before the Board and gave them an up to date report on the Job Training Partnership Act and the activities of the Steering Committee. Mr. Stiles stated that he was not sure that the resolution that had been drafted reflected what the Board had intended. 78 Mr. Koontz stated that he felt that when the Board revisions were made that it would reflect what the Board wanted. Mr. Stiles stated that he had read the resolution through twice and it was the Board's intention that when the Private Industry Council would negotiate a cooperative agreement that it would have to come back to the locality for their approval. Mrs. Kelican replied that was correct. She stated that there would be twenty two members total, one from each jurisdiction and the six mandated categories, so twenty two members would comprise the Committee. Mr. Stiles stated that the Board will need to have a meeting to discuss this. It was the consensus of the Board that they would have a meeting at noon on March 31st, in the Board of Supervisors' Meeting Room for discussion of the above. WORK PROGRAMS SUBMITTED TO THE BOARD BY THE DEPARTMENT HEADS Mr. Koontz stated that the work programs from the various Department Heads had been submitted to the Board and will be voted on at the April 13th Board Meeting. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 7, ARTICLE 111, SECTION 7 -11, POLLING PLACE CHANGES - APPROVED Mr. David Owings appeared before the Board stating that the proposed changes by the Electoral Board in the Neffstown Precinct and Middletown Precinct had been advertised and this is the public hearing. Upon motion made by Will L. Owings, seconded by David L. Smith and passed unanimously, that the following ordinance amendment be approved: An Ordinance to amend the Frederick County Code, Chapter 7, Article III, Section 7 -11, Polling Place Changes: Neffstown Precinct Change polling place in Neffstown Precinct from Frederick Block Company to Stonewall Elementary School. Middletown Precinct Change polling place in Middletown Precinct from Middletown Elementary School to Middle- town Town Hall. Mr. Stiles requested that the Planning staff redraft the section of the Frederick County Ordinance that deletes the Precincts and Magisterial Districts to reflect this change. ZMAP #003 -83 - EARL M. NICHOLSON - GAINESBORO MAGISTERIAL DISTRICT - DENIED Mr. Horne presented this request and stated that the Planning Commission had unanimously recommended denial. 79 Mr. Dick Gleysteen appeared before the Board stating that he owned property next to Mr. Nicholson and he was opposed to this rezoning. Mr. Donald Williamson appeared before the Board stating that he owned property just across the road from Mr. Nicholson and this was his biggest objection, that this business would be in front of his property. Mrs. Alice Mills, local Realtor handling the Gleysteen's property, stated that their potential purchaser would not want to look at a used car lot and therefore she hoped the Board would deny this request. Mr. Lester Shickle appeared before the Board stating that he owned property across from Mr. Nicholson and that he was opposed to changing this zoning to business. Mrs. Maddox stated this was in her District and she did agree with the Planning Commission policy on spot zoning and that she hated to say no to someone who is trying to make a livelihood. Upon motion made by Rhoda W. Maddox, seconded by David L. Smith and passed unanimously, that Zoning Map Petition Number 003 -83 of Earl M. Nicholson, Siler Route, Box 510, Winchester, Virginia, consisting of one acre, now zoned A -2 (Agricultural - General) to be rezoned B -2 (Business - General) be denied. This property is designated as Parcel Number 2 on Tax Map Number 32 in the Gainesboro Magisterial District. Mr. Stiles stated that he would like for the record to show that spot zoning policy is the policy of the Planning Commission but not the Board of Supervisors. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, BY THE ADDITION OF ARTICLE 1, SECTION 21 -1, "AMBULANCE SERVICE " - APPROVED Mr. Horne presented this to the Board and stated that the Planning Commission had unanimously recommended approval. Mr. Stiles stated that this is being done to include this in the Ordinance and any persons wishing to establish such a business would subsequently have to apply for a conditional use permit and go through the proper procedures. Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, the following was approved: An Ordinance to amend the Frederick County Code, Chapter 21, Zoning, by the addition of Article 1, Section 21 -1, "Ambulance Service" as fol lows: Ambulance Service - A State licensed community based business, whether or not for profit, for operating privately or publicly owned motor vehicles that are specially designed, constructed, or modified and equipped and used to provide immediate medical care or to transport persons who are sick, injured, wounded, or otherwise incapacitated or helpless. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, BY THE ADDITION OF ARTICLE IV, SECTION 21 -26. Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, the following was approved: An Ordinance to amend the Frederick County Code, Chapter 21, Zoning, by the addition of Article IV, Section 21 -26, (x), (25) as follows: Ambulance Service as defined. Mr. Stiles noted that this pertains only to A -2 Section of the Ordinance and not A -1. He stated that the Planning Commission would be requesting in the very near future a joint meeting with the Board of Supervisors to discuss the Comprehensive Plan. The Board recesses. EXECUTIVE SESSION REQUESTED BY THE COMMONWEALTH'S ATTORNEY Mr. Stiles stated that he would like to request, at the request of the Commonwealth's Attorney, that the Board go into Executive Session at the end of the meeting to discuss Legal matters. OPINION FROM THE COMMONWEALTH'S ATTORNEY RE: PAUL RHINEHART PROPERTY Mr.. Riley stated that Mr. Larry Ambrogi, Commonwealth's Attorney, has stated that in his opinion the project of Paul Rhinehart to build an experimental tire incinerator is ineligible for "farm use" under the Code of Virginia. Mr. Stiles stated that he was not for a minute questioning Mr. Ambrogi's opinion and obviously the County has to live with it. He further stated that it was his opinion that the Board of Supervisors and Mr. Rhinehart had been taken to the cleaners by the staff and he didn't like it one bit. Mr. Stiles further stated that it looked like this latest information would put Mr. Rhinehart out of business but he realized Mr. Ambrogi had no choice in the matter. Mr. Ambrogi stated that based on the information given him that this could not be considered a farm type operation. He further stated that Mr. Rhinehart would have certain State regulations that he would have to meet that would be more stringent than the County regulations. Mr. Smith asked Mr. Dennison if he was referring to the mechanical portion of this permit or the building portion. M • Mr. Dennison replied that he was referring to both mechanical and building. Mr. Smith stated that it was his understanding that the boiler portion of this operation, due to the fact that the boiler had been exposed to the weather, etc., would be the part that would have to be checked by a certified Engineer to certify that the boiler could be fired up and operated safely, but as far as getting a certified Engineer and an Architect in to put together Mr. Rhinehart's plans, is this any different than the plans that he submits to the Inspections Department. Mr. Dennison stated that the difference is this is experimental, it is a deviation from BOCA. Mr. Stiles stated that basically what you are saying is that he is going to have to retain the services of an Engineer or Architect to certify that the incinerator will work. Mr. Dennison stated that the design of the incinerator has to have the proper safety devices. Mr. Stiles stated that he was not necessarily talking about current staff, but that Mr. Rhinehart, as we are all aware, has been more or less been led to believe down the road by various County staff members, that he was A -OK and now we arrive at the end of the road and he is not A -OK. Mr. Riley will work with the staff and Mr. Rhinehart on trying to work out a workable solution to this problem. SCHOOL BOARD CONVEYS TITLE OF SURPLUS PROPERTY, KNOWN AS THE FREDERICK COUNTY PUBLIC SCHOOL ADMINISTRATION BUILDING, TO THE BOARD OF SUPERVISORS Mr. Riley read the following resolution: I, the undersigned, do hereby certify that I am the Clerk of the County School Board of Frederick County, Virginia, a body corporate pursuant to the provisions of 22.1 -71, Code of Virginia (1950), as amended; that the follow- ing is a true copy of a resolution adopted by the School Board at a meeting duly held on the 21st day of March, 1983, at which a quorum was present and voting; and that such resolution has not been rescinded or modified: WHEREAS, the School Board is moving its administrative staff into a new office building, WHEREAS, after completing the move the 1st of April, 1983, the Board will have no use for the present office building on Whitlock Avenue and, WHEREAS, the Board has received an acceptable offer for purchase of that piece of real property, BE IT THEREFORE RESOLVED, that all of that certain tract or parcel of land fronting on Whitlock Avenue in the City of Winchester, formerly known as the Miller School and presently known as the Frederick County Public School's administration building, is surplus and title is hereby directed to be conveyed to the Frederick County Board of Supervisors under the provision of Section 22.1 -129 of the Code of Virginia. C r" IN WITNESS WHEREOF, 1 have hereunto set my hand and the seal of the School Board this 22nd day of March, 1983. COUNTY SCHOOL BOARD OF FREDERICK COUNTY, VIRGINIA By /s/ Donald L. Perrault Donald L. Perrault, Clerk DAVID SMITH ADDRESSES MEMO FROM FREDERICK WINCHESTER SERVICE AIITUnDITV DG• RnnrPT ICnnH DDnDGDTV Mr. David Smith stated that he had received a lot of letters and phone calls about the Koon family. He further stated that it concerned him a great deal that the Condemnation Committee would have until one year after the completion of the project to render a decision, and with the time involved it could possibly go for six years. Mr. Koontz stated that is what the Law stated, it could be done sooner but that they could take as long as a year. Mr. Smith stated that this project could continue for six years possibly. He stated that he would like to request that a letter be submitted to the Judge expressing the financial complications of the Koon family and request, if at all possible, that a decision be rendered fairly soon after the project is started. Mr. Stiles stated that if the Koons contest the price offer, as he was pretty sure they would, the Commission would be reconvened in pretty short order, is that correct? Mr. Riley stated that he would assume so. Mr. Stiles stated that the parties of this particular question would be the Frederick- Winchester Service Authority and the Koons. He stated that this Board would not be formally a part of it, is that correct, and further would this Board have any opportunity to make a statement to the Commission or take a position before that Commission? Mr. Jones stated that one witness would probably be allowed. Mr. Stiles stated that the County has three of the seven votes, can we not get the fourth of the seventh to request that this Board be allowed to at least enter a statment saying that the Board feels it is imperative that the matter be resolved as expeditiously as possible. Mr. Jones stated that when anyone goes to Court in any land transition you have a buyer and a seller and when they mutually agree upon the price in any arms length transaction they consider fair market value. In a case of condemnation you have a willing buyer and an unwilling seller generally, and if they cannot agree, it is generally the case understandably, on the fair 83 market value, then they go to Court. A Commission is convened which is composed of five members and five citizens of the jurisdiction in which the condemnation action is taking place. He further stated that these Commissioners hear arguments by the Government side and the landowner's side as to the value of the land and the damage to the residual if there is any. He further stated that once in Court you continue in Court until the case is resolved. He stated that cases he has been on since having been with the County had been resolved the same day that they have gone into Court. He further stated that generally it doesn't take but a day. Mr. Stiles stated that he felt it should be understood by the Frederick - Winchester Service Authority that it is the feeling of the Board of Supervisors that the Frederick - Winchester Service Authority move as rapidly as possible to see that the issue is resolved. He asked if in the condemnation of the property whether or not this included the milking equipment, the bulk tank and that sort of equipment that exists on the farm. Mr. Jones stated that they are only acquiring real estate and no personal property will be included. Mr. Stiles stated that the equipment that is not attached is Mr. Koon's to move to another location. Mr. Jones stated that is correct. Mr. Stiles stated he would like to address the issue of rent for the property and ask what the position of the Frederick - Winchester Service Authority was on the question of rent. Mr. Jones stated that the Frederick - Winchester Service Authority has no position on rent at this time. Mr. Stiles stated he would like to request that the Board of Supervisors take a position on this and that would be that the Koons would not be liable for any rent on the property until the issue is resolved by the Condemnation Commission. Upon motion made by Kenneth Y. Stiles, seconded by Rhoda W. Maddox and passed unanimously, that the Koons family not be liable for any rent on their farm to the Frederick - Winchester Service Authority until such time as this issue is resolved by the Condemnation Commission. Mr. Jones stated that there are nine Commission appointments initially then they peared down to five. Mr. Stiles asked how these Commission members are selected. • Mr. George Whitacre stated that one side presents five names and one side presents four names. Mr. Stiles stated that he had personally heard more complaints about this issue than anything since the last go around of tax increases. He further stated that he believed a lot of it is based on incorrect information people are getting. He further stated that he didn't know that it is the Board's fault that they are in the mess they are in now, but he thinks the Koons are being taken. Mr. Koontz made the following statement: Because of the wide spread interest and the acquisition of land for the Regional Sewer Plant and the involvement of this Board I think that it is important that several points be clarified. The Regional Plant is under the control of the Frederick - Winchester Service Authority and this Authority is not under the control of Winchester or Frederick County. It is made up of two people from the City, two from the County plus a Chairman to represent both areas. This is the group that is acquiring the Koons land, not the Board of Supervisors. The Board of Supervisors became involved when they tried to help Mr. Koon and asked the Service Authority to negotiate with him. So much has been said and so many different dollar numbers been used that I feel the information that we have to date should be released to the general public. Last month all of us were given a set of figures that Mr. Koon had requested for his land and what had been offered him to that date, and unless someone has a real good legal reason why I should not release these figures, I intend to do so at the end of this meeting. Personally I alone, along with everyone else in Frederick County, want to see Mr. Koon receive every dime his land is worth, plus something for inconvenience that this has caused him. Personally I have never agreed that this is the best site for this plant, I believe it should be further down stream, but I have been out voted and I accept that fact, but I think everyone wants to see Mr. Koon get what his land is worth. As I understand it, the situation at this time, is that the two sides have not agreed on a price and so it goes to a group of five citizens selected by both sides and appointed by a Judge. This group or commission as they are called can award any amount they want to give. If the parties are still not satisfied they can appeal it to the Circuit Court who will make a final decision. So I think built into our American system of Justice is every effort to see that people do get what their land is worth. No one can come in and arbitrarily take another persons land without an agreement or it going through the Courts, if people don't agree. I do not know what else the government can do to protect American peoples' rights. I think that their is a system and I think we are following this system. I have the same facts and figures that were given to us. I have asked Mr. Ambrogi, Mr. Jones and Mr. Riley and unless someone has a strong objection I think at least these figures, as far as I know them and I intend to give them out at the end of this period. Mr. Stiles stated that he thought Mr. Koontz's statement was excellent and he quite frankly thought this whole matter could have been handled better by the Service Authority. Mr. Koontz stated that the City has seventy percent of this thing, the City voted the same time the County did, they voted one night and there were two sentences said and that was the end of it. Mr. Stiles stated that he felt the way it should be handled the next time is that when the land is in the County it should come to the Board prior to going to the City Council. M Discussion followed by the Board members on the amount that had been offered to the Koons family for their property and what the amount was that would be offered as a counter offer from the Service Authority. Mr. Stiles asked if it was the business of this Board to release this information or should this be released by the Frederick - Winchester Service Authority. After a lengthy discussion it was the consensus of the Board that the figures would not be released at this time. FINANCE COMMITTEE REPORT Mr. Will Owings presented the following report: The Finance Committee met on March 7, 1983 with all members present. Request for Donations 1983 -84 Budget The Committee heard presentations from eight organizations which had requested to appear before the Committee and request funds for the 1983 -84 fiscal year. The Committee deliberated on all donation requests and finalized recommendations on donations to be presented to the Board of Supervisors after their meeting on April 4th. As part of his presentation, David Schwemer, Executive Director of Chapter 10, elaborated on their request for $24,000 from Frederick County for the purpose of purchasing a building. No action was taken by the Committee. The CIP Committee has looked into the J. C. Penney building as a possible option for location of County office space in the future. Health Department Response to Budget Reduction The Committee reviewed a letter received from Dr. Pedersen, Director of the Lord Fairfax Health District, concerning a three percent budget reduc- tion. The Finance Director pointed out to the Committee that the County has received a $11,503.00 refund from the State as a result of Health Department operations for 1981 -82. Budget estimates were $8,000.00. The Committee agreed to recommend that the Health Department allocation be retained at the current level. There was no action taken. County Paying VSRS The Committee reviewed a cost comparison between a five percent merit increase and the County paying the employee retirement contribution. The Committee was informed that if the Compensation Board will participate in the retirement contribution, the County would save approxi- mately $5,214 by paying the retirement contribution. The Committee requested the County Administrator and Finance Director to gather additional data for their next meeting. There was no action taken. Review of General Operating Fund Allocations The Committee reviewed a summary of adjusted allocations and projected remaining appropriations for the current year. It was noted by the Committee that the current appropriations projected to be on hand combined with budget reductions for 83 -84 will result in a total reduction of 4.1% from last year's allocation level. This figure includes increases in allocations for Courthouse maintenance and twice a year tax collections. There was no action taken. Surplus Equipment The Committee reviewed a list of surplus equipment requested by the Finance Director to be advertised and sold. All items will be made avail- able to County departments and agencies before advertising for sale. The Committee recommends that the Board of Supervisors declare this list of equipment as surplus property and authorize the Finance Director to advertise and dispose of all items not requested by County departments or agencies. Upon motion made by Will L. Owings, seconded by Kenneth Y. Stiles and passed unanimously, the above recommendation was approved. Overhaul of Landfill Equipment The County Administrator presented a request from the Public Services Director to rebuild the 816C Compactor. Quotes are being obtained and total cost is estimated to be approximately $65,947. Additional cost of approxi- mately $5,000 will be incurred for lease payments while this piece of equip- ment is being rebuilt. It was pointed out to the Committee that the funds to have the work done are available this year and that the funds expended for this project will be budgeted and recovered next year. It is recommended that the Board of Supervisors authorize the County Administrator to accept the lowest quote received by the Public Services Director, and it is further recommended that the Finance Director be i authorized to make the necessary budget adjustments within the Frederick - Winchester Landfill Fund to carry out this project. Upon motion made by Will L. Owings, seconded by Kenneth Y. Stiles and passed unanimously, it was decided that no action would be taken until all bids were in. Mr. Owings requested that a joint meeting be held with the Board of Supervisors and the School Board for discussion of the School Board budget. After discussion the Board agreed they would meet with the School Board on April 12th, at 7:00 P.M., in the Board of Supervisors' Meeting Room for discussion of the budget. WINCHESTER REGIONAL AIRPORT COMMITTEE REPORT Mr. Owings presented this report and stated that a draft ordinance had been drawn up that would make the Winchester Airport a Regional Airport with the City of Winchester and Frederick County participating and contributing fifteen thousand dollars per year and that Clarke County would be contribut- ing five thousand dollars per year. He further stated that at this time Clarke County had not voted on whether or not they would be participating. Mr. Owings further stated that the draft also proposes that the Winchester Airport Commission would be composed of seven members, four members from the City of Winchester, two members from Frederick County and one member from Clarke County. Mr. Koontz stated that he did not like the way the representation from the various jurisdictions had been drawn up. Mrs. Maddox questioned whether or not the County could be put in the same position with their share of funding as they were with the Handley Library. Mr. Owings stated that the County can get out at any time. He further stated that the Agreement states very specifically that changes cannot be made without the approval of all jurisdictions. Mr. Koontz stated that he would like for the County Commission to tell the City Commission at their next meeting that the County would like to be represented by three members rather than two. SENATE BILL 226 FOR PROCUREMENT FOR PROFESSIONAL SERVICES - APPROVED Upon motion made by Kenneth Y. Stiles, seconded by Will L. Owings and passed unanimously, that the Board approves the Senate Bill Number 226 for Procurement for Professional Services. BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by Kenneth Y. Stiles, seconded by Rhoda W. Maddox and passed unanimously, the Board retired into Executive Session in accordance with Virginia Code, 1950, Section 2.1 -344, Subsection A (6) to discuss Legal matters. BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by Kenneth Y. Stiles, seconded by Rhoda W. Maddox and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by Kenneth Y. Stiles, seconded by Rhoda W. Maddox and passed unanimously, the Board reconvened into Regular Session. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. C oard of S ervisors Cie k, Boar o Sup isors