September 10, 1980 Regular Meeting411
vided the school board with a lot of room to play with money. He
stated that it further allows the superintendent to make fraudulent
statements as to how much money he saved the County, whereas in
actuality it was available because his revenues were substantially
above his estimates. He suggested that this be considered next year
during the budget considerations.
Mr. Malcolm asked what the result would be if this same analogy
was applied to the County budget and Mr. White replied that the net
result would be that it would be much higher; that the County esti-
mates were much more out of line than the school budget.
Mr. Stiles stated that he felt there was a need to build in
some safety factors in order to have more accurate estimates.
RESOLUTION FROM HANDICAPS UNLIMITED OF VIRGINIA, INC.
ACKNOWLEDGED
The Board acknowledged receipt of a resolution from Handicaps
Unlimited, Inc. regarding compliance with Section 504 of the 1973
Rehabilitation Act by the State of Virginia.
LETTER FROM SCHOOL SUPERINTENDENT RE: LATE COMPLETION OF NEW
HIGH SCHOOL
The Board noted receipt of a copy of a letter from Dr. Melton
F. Wright, Division School Superintendent to the construction engi-
neer regarding the late completion of the new high school.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS
ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN.
man, B and of S ervisors C,,Yerk, Board of Supervisors
A Regular Meeting of the Frederick County Board of Supervisors
was held on September 10, 1980, at 7:00 P.M. in the Board of Super-
visors` Meeting Room, 9 Court Square, Winchester, Virginia.
PRESENT: S. Roger Koontz, Chairman; Will L. Owings, Vice-
Chairman; William H. Baker; Rhoda W. Maddox; R. Thomas Malcolm; and
Kenneth Y. Stiles. Mr. Stiles arrived late and therefore is not in-
cluded in the votes on the first four issues.
CALL TO ORDER
42
The Chairman called the meeting to order.
INVOCAT
The Reverend Fred Bowman of the Calvary Church of the Brethern
delivered the invocation.
ADOPTION OF AGENDA
The Chairman requested that the agenda be amended to include an
additional item for discussion at the end of the regular meeting.
The Board concurred.
Upon motion made by Will L. Owings, seconded by William H. Baker
and passed unanimously, the Agenda was adopted as amended.
REAPPOINTMENT OF MARGARET ROWE TO SHENANDOAH AREA AGENCY ON AGING
APPROVE
Upon motion made by Rhoda W. Maddox and seconded by R. Thomas
Malcolm,
BE IT RESOLVED, That the Board of Supervisors of the County of
Frederick, Virginia, does herein reappoint Mrs. Margaret Rowe to
( serve as a representative from Frederick County on the Shenandoah
Area Agency on Aging for a term of three (3) years, said term to com-
mence October 1, 1980 and terminate on September 30, 1983.
The above resolution was passed unanimously.
SCHOOL BOARD NOMINEE - BACK CREEK DISTRICT - PRESENTED
Mr. Baker placed the name of Mrs. Barbara Black in nomination
as the replacement for Mrs. Virginia L. Conner as the representative
from Back Creek District on the School Board. He presented a brief
background on Mrs. Black giving her various qualifications and stated
that he had confidence in her ability to serve Back Creek District
and Frederick County in a highly credible manner in this capacity.
He asked for favorable consideration of this nomination at the Sep-
tember 24, 1980 meeting.
The Chairman noted that Mr. Baker and Mrs. Black would both be
available to answer questions if the Board so desires. He stated
that the matter would remain on the table until September 24th.
APPOINTMENT OF MR. FRED SHOWAL TO BOARD OF BUILDING APPEALS -
APPROVED
Upon motion made by William H. Baker and seconded by Rhoda W.
Maddox,
BE IT :RESOLVED, That the Board of Supervisors of the County of
Frederick, Virginia, does herein appoint Mr. Fred Showalter to serve
43
as a member on the Frederick County Board of Building Appeals for a
term of five (5) years, said term to be retroactive to August 12, 19$0
and terminate on August 12, 1985.
The above resolution was passed unanimously.
REPORT ON DELINQUENT TAX COLLECTIONS
The Treasurer appeared before the Board and presented a report
on the collection of delinquent taxes pursuant to the provisions of
Section 58.983 of the Code of Virginia, 1950, as amended, said re-
port listing the delinquent personal property and delinquent real
estate taxes for the tax year 1979. Pursuant to statute, the list
speaks to the collections as of June 30, 1980, following the tax
assessment year. Delinquent 1979 real estate as of June 30, not
including penalty, totaled $161,207.29. Delinquent 1979 personal
property as of June 30, not including penalty totaled $77,041.26.
Delinquent public service utilities totaled $5,882.57. The delingt
list will be reviewed by the Finance Committee.
The Treasurer also noted to the Board that pursuant to a change
in state law, interest is added effective December 6. The Chairman
suggested that the Finance Committee work with the County Administra
for to prepare an advertisement informing the public of the change
in state law.
PUBLIC HEARING
FREDERICK COUNTY BANK FRANCHISE TAX ORDINANCE - APPROVED
The County Administrator stated that the proposed Bank Franchisc
Tax Ordinance is the result of pending suits on the current Bank
Stock Tax and is intended to be a temporary solution until somethin<
better can be achieved.
There was no opposition.
Upon motion made by Will L. Owings and seconded by William H.
Baker,
BE IT RESOLVED, That the Board of Supervisors of the County of
Frederick, Virginia, does herein approve, on third and final readin
the following ordinance:
FREDERICK COUNTY BANK FRANCHISE TAX ORDINANCE
Section I. Definitions.
For the purpose of this ordinance, the following words shall
have meanings ascribed to them by this section:
it
"Bank" shall be as defined in Section 58- 485.01 of the Code
of Virginia.
44
"Net Capital" shall mean a bank's net capital computed pursuant
to Section 58- 485.07 of the Code of Virginia.
Section II. Imposition of County Bank Franchise Tax.
Pursuant to the provisions of Chapter 10.01 of Title 58 of the
Code of Virginia, there is hereby imposed upon each bank located
outside any incorporated town but otherwise within the boundaries
of Frederick County a tax on net capital equalling 80% percentum
of the state rate of franchise tax set forth in Section 58- 485.06
of the Code of Virginia.
In the event that any bank located within the boundaries of
Frederick County but outside any incorporated town located herein
and is not the principal office but is a branch extension or
affiliate of the principal office, the tax upon such branch shall
be apportioned as provided by Section 58- 485.02 of the Code of
Virginia.
Section. III. Filing of Return and Payment of Tax.
On or after the first day of January of each year, but not later
than March 1 of any such year, all banks whose principal offices
are located within Frederick County but outside any incorporated
town herein shall prepare and file with the Commissioner of the
Revenue of Frederick County a return as provided by Section 58-
485.013 of the Code of Virginia in duplicate which shall set
forth the tax on net capital computed pursuant to Chapter 10.01
of Title 58 of the Code of Virginia. The Commissioner of Revenue
shall certify a copy of such filing of the bank's return and
schedule and shall forthwith transmit such certified copy to
the State Department of Taxation.
In the event that the principal office of a bank is located out-
side the boundaries of Frederick County or within any town lo-
cated herein, and such bank has branch offices located within
said County, in addition to the filing requirements set forth
in Section A hereof, any bank conducting such branch business
shall file with the Commissioner of the Revenue of Frederick
County a copy of the real estate deduction schedule, apportion-
ment and other items which are required by Sections 58- 485.012,
58- 485..013 and 58- 485.014 of the Code of Virginia.
Each bank, on.or before the first day of June of each year, shall
pay into the Treasurer's Office of Frederick County all taxes
imposed pursuant to this ordinance.
Section IV. Effective Date of Ordinance.
The provisions of this ordinance shall be effective for the year
beginn=ing January 1, 1980.
Section V. Penalty upon bank for failure to comply with ordinanc
Any bank which shall fail or neglect to comply with any provision
of this ordinance shall be fined not less than one hundred nor
more than five hundred dollars, which fine shall be recovered
upon motion, after five days' notice in the Circuit Court of
Frederick County. The motion shall be in the name of the
Commonwealth and shall be presented by the Attorney for the
Commonwealth of this locailty.
Approved by Board of
Supervisors County of
Frederick, Virginia
Sept 10, 1980
s James M. White (akk)
County Administrator
Em
rid] E 04
The above resolution was passed by the following recorded vote:
Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W.
Maddox and R. Thomas Malcolm.
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21
ZONING ADOPTED JULY 12, 1978, TO AMEND BY THE ADDITION OF A
ARTICLE XV -1 EXTRACTIVE MA NUFACTURING DISTRICT - APPROVED
Mr. Riley presented the proposed Zoning Ordinance amendment
relative to the addition of an Extractive Manufacturing District
and stated that the Planning Commission recommended approval of
said amendment.
There was no opposition.
Upon motion made by Kenneth Y. Stiles and seconded by William
H. Baker,
BE IT RESOLVED, That the Board of Supervisors of the County
of Frederick, Virginia, does herein approve, on third and final
reading, the following ordinance:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21,
ZONING ADOPTED JULY 12, 1978, TO AMEND BY THE ADDITION OF
AND ARTICLE XV -1 EXTRACTIVE MANUFACTURING DISTRICT
Sec. 21- 132.1. Statement of Intent.
The purpose of this district is to provide for extractive
industries along with a number of related industries, all of
which rely on extraction of natural resources at the site of
the district. The district allows a number of uses related
to natural resource extraction. Screening provisions and
performance controls are provided to protect surrounding uses
from adverse effects. It is also the intent of the ordinance
to protect the EM District from encroachment of incompatible
uses on its borders.
Sec. 21- 132.2. Permitted Uses.
(a) Surface or subsurface mining of rock, metal and
non -metal ores, and similar materials.
(b) Oil and natural gas exploration and pumping, pro-
viding no refining is done on the site. Storage capacity
shall be permitted for fuels, gases, liquid oils, liquid
asphalts, emulsions and any other petroleum products that
are necessary for the marketing of the product.
(c) Long term sand and gravel mining and processing.
(d) Crushed stone operations.
(e) Manufacture and processing of cement, lime and
gypsum.
(f) Asphalt and concrete mixing plants.
(g) Brick, block and precast concrete products.
(h) General farming and agriculture, orchards, nurseries,
horticulture, dairying and forestry.
(i) Accessory uses as defined.
4 •
(j) Business and location signs.
(k) Public utilities including poles, lines, distribution
transformers, pipes, and meters, water and sewer facilities and
lines.
(1) Off - street parking and loading in accordance with
Section 21 -13.
Sec. 21-132.3. Requirements for Permitted Uses.
(a) Before a building permit shall be issued or construc-
tion commenced on any permitted use in this district, the plans,
in sufficient detail to show the operations and processes, shall
be submitted to the Zoning Administrator. The Administrator
may refer these plans to the Planning Commission for interpreta-
tion.
(b) Appropriate landscaping and /or screening (as defined)
may be required by the Administrator or Planning Commission with-
in any required yard setback in order to reasonably protect ad-
jacent uses from noise, sight, dust, or other adverse effects.
This appropriate landscaping and /or screening may exceed appli-
cable State or Federal requirements if the Planning Commission
finds that those requirements are not adequate to reasonably
protect surrounding uses.
(c) Performance Standards - All uses shall conform to
applicable State and /or Federal regulations governing noise and
vibration. The Administrator may require establishments to sub-
mit a copy of all appropriate data submitted to State and /or
Federal agencies which pertains to these performance standards.
(d) Supplementary regulations for mining and oil explorat
(1) The excavations shall be no closer than one
hundred (100)* feet from any property and /or district lines which
abut a residential, agricultural, or business district and shall
be no closer than two hundred (200)* feet from any inhabited
dwelling or property and /or district line which abuts a platted
subdivision.
(2) The excavations shall be no closer than one hundre
(100)* feet from the right of way of any public road, street, or
highway (existing or platted). Where the ground level is higher
than the road, the Administrator may allow excavations down to
the road level.
*This hard requirement may be reduced to a minimum of fifty (50)
feet by the Planning Commission if it determines that, through
the use of other measures such as landscaping and screening, the
effective protection afforded adjacent properties has not been
reduced.
(3) All mining operators shall submit to the Administr
for a copy of the Operations Plan when this plan is submitted
to the State Bureau of Mines and Reclamation.
(4) All mining and quarry operations shall fully com-
ply with all requirements of Section 18.2 -136 of the Virginia
State Code.
Sec. 21- 132.4. Height, Area and Bulk Regulations.
(a) Area Regulations - For permitted uses utilizing individ
ual sewage disposal systems, the required area for any such use
shall be approved by the health official.
(b) Required Yard -
INN
(1) Setback - All principle and accessory structures
shall be set back from the right of way line of any public
or private street, road, or highway the following minimum
distances:
Street right of way width greater than or equal
to 50 feet -- 75 feet.
Street right of way width less than 50 feet --
75 feet
(2) No structure shall be closer than one hundred (100)
feet from any property and /or district line which abuts a
residential or agricultural district *; twenty five (25) feet
for all other districts; except that any crushers or screening
machinery shall be no closer than three hundred (300) feet
from any property and /or district line * *.
*This yard requirement may be reduced to a minimum of fifty (50)
feet by the Planning Commission if it determines that, through
the use of other measures such as landscaping and screening,
the effective protection afforded adjacent properties has not
been reduced.
* *If such equipment is fully enclosed within a building which
maintains the effective protection afforded adjacent properties,
this yard requirement may be reduced by the Planning Commission
to a minimum of two hundred (200) feet.
(c) Height Regulations - Structures shall not exceed
thirty -five (35) feet in height. Any exceptions to this
regulation are listed in Article I.
(d) Off - street parking and loading shall be provided in
accordance with Section 21 -13.
(e) A site plan shall be submitted for approval by the
Planning Commission provided for in Article XVIII. The site
plan may be submitted at the time of submittal of the Operations
Plan to the State Bureau of Mines and Reclamations and should
reflect the limits of mining and proposed improvements to be
located on the property.
The above resolution was passed by the following recorded vote:
Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W.
Maddox, R. Thomas Malcolm and Kenneth Y. Stiles.
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, ARTICLE 1,
SUBDIVISION ADOPTED OCTOBER 13, 1976, TO AMEND SECTION 18 -2
(a)(2) - APPROVED
Mr. Riley presented the proposed amendment to the Frederick
County Code regarding Article 1, Subdivision and stated that the
Planning Commission recommended approval of said amendment.
There was no opposition.
Upon motion made by Kenneth Y. Stiles and seconded by William
H. Baker,
BE IT RESOLVED, That the Board of Supervisors of the County of
Frederick, Virginia, does herein approve, on third and final reading,
the following ordinance:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, ARTICLE 1,
SUBDIVISION ADOPTED OCTOBER 13, 1976, TO AMEND SECTION 18 -2
(a) (2)
KNOW
This ordinance shall be in full force and effect upon adoption
by the Board of Supervisors.
18- 2(a)(2) - A building site that conforms to zoning and shape
requirements intended for members of the immediate
family "as defined in the Code of Virginia, 1950,
as amended, Title 15.1, Chapter 11, Article 7,
Section 15.1- 466(k)" owning any such agricultural
zoned lands.
The above resolution was passed by the following recorded vote:
Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W.
Maddox, R. Thomas Malcolm and Kenneth Y. Stiles.
CUP #008 -80 - MELVIN E. NA IL - BACK CREEK DISTRICT - APPROVED
Mr. Riley presented the conditional use permit request of Melvin
E. Nail and read the reviewing agencies comments. He stated that
the Planning Commission recommended approval of this request with
conditions.
There was no opposition.
Upon motion made by William H. Baker and seconded by Rhoda W.
Maddox,
BE IT RESOLVED, That the Board of Supervisors of the County of
Frederick, Virginia, does herein approve Conditional Use Permit No.
008 -80 of Melvin E. Nail to operate a "fix -it" shop for small engines
and appliances as a home occupation in an existing garage located
approximately one.and a half miles south of Route 50 on the west
side of Route 614 in the Back Creek Magisterial District, zoned A -1
with the following conditions:
1. If use intensifies, additional conditions such as off - street
parking facilities and hours of operation will be placed on
the permit.
2. No employees other than members of the immediate family re-
siding on the premises may be employed.
3. If the use is discontinued or occupancy of the building
changes, this conditional use permit shall expire and a new
conditional use permit will be required.
4. This conditional use permit shall be reviewed and renewed
annually by the staff provided all conditions of the permit
have been met.
The above resolution was passed by the following recorded vote:
Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W.
Maddox, R. Thomas Malcolm and Kenneth Y. Stiles.
CUP #009 -80 - NATHANIEL E. AND ELIZABETH C. DOVEL - SHAWNEE
DISTRICT - APPROVED
MOW
EKALWA
Mr. Riley presented the request for conditional use permit of
Nathaniel E. and Elizabeth C. Dovel to operate a dog kennel on their
property located on the south side of Route 723 in Shawnee Magister-
ial District. He stated that the Planning Commission recommended
approval with conditions.
Mr. and Mrs. Dovel appeared before the Board in support of their
request.
Mr. Richard Newman appeared before the Board in opposition to
the request and stated that he was concerned about the lack of
screening and the idea of the owner being a non - resident thereby
leaving the care of the property to a tenant who would be respons-
ible for maintaining the kennel and keeping the dogs quiet.
Mr. Dovel replied that there would naturally be some noise from
the kennel, but he did not feel it would be excessive. He noted
that he did not understand why he was required to have a permit
when he knows of two other kennels in the County which do not have
permits.
Mr. James Coffey appeared representing the Carpers Valley Church
and stated that the membership was in opposition to this request in-
asmuch as they felt it would be a nuisance. He urged the Board to
refuse the request.
Mr. Howard Hemsley appeared before the Board in opposition to
the request stating that his main objection is that the owner would
not reside on the property, whereby the neighbors would have to live
there.
Mr. Dovel stated that the kennel would be kept clean and well
managed and should there be a problem with the tenant, his son lived
in the vicinity and could maintain it until another tenant could
be found.
Mr. Stiles stated that several residents have spoken to him re-
garding the owner not being in residence on the property, however,
it is properly zoned and therefore this would be a permitted use.
He added that if the conditions are not met, the Board could refuse
to renew the permit and therefore it is important for the Dovels
to understand the conditions. He stated that he felt it would
weigh heavily in the Board's decision for renewal of the permit as
to how much of a nuisance the kennel is to the neighbors.
50
Mr. Malcolm moved to approve the conditional use permit amending
Condition Number 4 to read, "This conditional use permit shall be
reviewed and renewed annually by the Board, provided all conditions
of the permit have been met. This motion was seconded by Kenneth Y.
Stiles and passed unanimously.
Upon motion made by R. Thomas Malcolm and seconded by Kenneth Y.
Stiles,
BE IT RESOLVED, That the Frederick County Board of Supervisors
does herein approve Conditional Use Permit Number 009 -80 of Nathaniel
E. and Elizabeth C. Dovel to operate a six (6) run kennel for twenty
(20) dogs on their property located on the south side of Route 723
(Boyce Road) approximately one (1) mile west of the Clarke /Frederick
line in the Shawnee Magisterial District, subject to the following
conditions-.
1. The kennel shall not be left unauthorized. Occupants of
the dwelling shall be responsible for maintenance and up-
keep of the facility and for regular cleaning of the kennels.
2. If the use is discontinued, or ownership of the property
changes, this conditional use permit shall expire and a
new conditional use permit will be required.
3. If the intensity of this use increases, additional conditions
will be required to address hours of operation and off - street
parking.
4. This conditional use permit shall be reviewed and renewed
annually by the Board, provided all conditions of the permit
have been met.
5. This property shall be screened from adjacent property on
the west side of the kennel.
The above resolution was passed by the following recorded vote:
Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W.
Maddox, R. Thomas Malcolm and Kenneth Y. Stiles.
JOINT MEETING WITH WINCHESTER CITY COUNCIL RE: ACCEPTANCE OF
ARCHITECTURAL- ENGINEERING FIRM OF HELLMUTH, OBATA AND KA_SSABAUM
FOR JOINT JUDICIAL CENTER PROJECT
The Winchester City Council met with the 'Frederick County Board
of Supervisors with the following memebers present: William A. Mote,
President; George H. Garber; Richard D. Kern; Charles A. Pine, Jr;
William Shendow; Donald E. Smallwood; H. D. Robinson, Jr. and Dr.
H. George White, Jr. The following members of Council were absent:
Mayor Charles M. Zuckerman; Dr. S. Pannill Jones; William F. Keyton,
Sr.; J. Thomas Kremer and James R. Wilkins, Jr.
Mr. Mote introduced Mr. Roy Bayliss, Co- Chairman of the Joint
0
Judicial Center, Mr. Bayliss stated that the Committee, on which
he and Mr. Malcolm had served as Co- Chairman, was pleased to pre-
sent a recommendation to the governing bodies to retain the archi-
tectural- engineering firm of Hellmuth, Obata and Kassabaum for the
joint judicial center project. He then introduced Mr. Ed Sonnen-
Schein, a principal in the firm, who made a brief slide presenta-
tion showing several projects his firm has done. Mr. Malcolm
stated that he had enjoyed working on the Committee and would urge
favorable consideration of the Committee's recommendation to retain
the firm of Hellmuth, Obata and Kassabaum.
Upon motion made by R. Thomas Malcolm and seconded by Kenneth
Y. Stiles,
BE IT RESOLVED, By the Frederick County Board of Supervisors,
that the County Administrator be authorized to execute an architec-
tural services agreement, jointly with the City of Winchester, with
Hellmuth, Obata and Kassabaum, Professional Corporation of Washing-
ton, D. C., for architectural services as proposed therein for the
proposed judicial center.
The above resolution was passed by the following recorded vote:
Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W.
Maddox, R. Thomas Malcolm, and Kenneth Y. Stiles.
Mr. Malcolm explained that the above resolution in effect set
forth the Board's acceptance of the recommendation of the Joint
Judicial Center Committee to retain the firm of Hellmuth, Obata
and Kassabaum as the architect - engineer for the joint judicial
center project; acceptance of the contract with said firm for the
provision of the stated services for a sum of $305,000 and author-
ized the County Administrator to execute the contract on behalf of
the County. The Board concurred.
Upon motion made by H. D. Robinson, Jr. and 'seconded by Richard
D. Kern,
BE IT RESOLVED, By the Winchester City Council that the City
Manager be authorized to execute an architectural services agree-
ment, jointly with the County of Frederick, with Hellmuth, Obata
and Kassabaum, Professional Corporation, of Washington, D. C., for
architectural services as proposed therein for the proposed
judicial center.
The above resolution was passed unanimously.
52
SUBDIV ISION - BOYCO - SHAWNEE MAGISTERIAL DISTRICT - APPROVED
Mr. Riley presented the Boyco subdivision request and stated
that the Planning Commission recommended approval of said request.
There was no opposition.
Upon motion made by R. Thomas Malcolm and seconded by Kenneth
Y. Stiles,
BE IT RESOLVED, That the Board of Supervisors of the County of
Frederick, Virginia, does herein approve the Boyco Subdivision re-
quest to subdivide 41,595.82 square feet into three (3) lots front-
ing on Senseny Road and Sunset Drive adjacent to Burning Knolls Sub-
division in the Shawnee Magisterial District.
The above resolution was passed by the following recorded vote:
Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W.
Maddox, R. Thomas Malcolm and Kenneth Y. Stiles.
LAW ENFORCEMENT COMMITTEE REPORT
Mrs. Maddox presented the Law Enforcement Committee report and
the following action was taken:
Detoxification Request for Funding - Report
Mrs. Maddox reported that the Committee has been informed by
Mr. Poe, ASAP Director, that the Council on Alcoholism would be re-
questing funding from the City and County to continue operation of
the detoxification center. The Committee discussed the situation
regarding the detoxification center operation and requested Mr. Poe
to investigate the matter further and to review it with the ASAP
Advisory Committee.
Curfe - Report
Mrs. Maddox reported that the Committee reviewed requests for
implementation of a County curfew ordinance. The Committee noted
its general opposition to the concept of curfews and agreed to seek
a legal opinion on the constitutionality of imposing such bans. The
matter will be studied more fully at future meetings pending receipt
of a legal opinion.
Uniform Allowance For Sheriff's Department - Approved as Amended
Mrs. Maddox reported that the Committee reviewed a request from
the Sheriff requesting that uniform allowances be provided for three
(3) investigators, plus the administrative assistant, in the amount
of $500 per annum. She advised that the Committee recommended that
53
the uniform allowance be payable only for field personnel, namely
investigators. The Committee feels that providing uniform allowance
for general administrative office personnel establishes an improper
precedent,
Mr. Owings stated that the amount of $1,200 is set forth in the
budget for this allowance and the recommended figure would be $300
above that.
Upon motion made by Kenneth Y. Stiles, seconded by Rhoda W.
Maddox and passed unanimously, the amount recommended for uniform
allowances was reduced from $500 to $400 each for three (3) investi-
gators for a total of $1,200.
Upon motion made by Rhoda W. Maddox and seconded by Kenneth Y.
Stiles,
BE IT RESOLVED, That the Board of Supervisors of the County of
Frederick, Virginia, does herein approve uniform allowances for thre
(3) investigators in the Sheriff's Department in the amount of
$400.00 per annum.
The above resolution was passed by the following recorded vote:
Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W.
Maddox, R. Thomas Malcolm and Kenneth Y. Stiles.
FINANCE COMMITTEE REPORT
Mr. Baker presented the Finance Committee report and the foll
ing action was taken:
Report Delinquent Tax Collection
Mr. Baker reported that the Committee had met with Commonwealth'
Attorney, Lawrence Ambrogi, and County Treasurer, Dorothy Keckley,
to discuss the collection of delinquent taxes. Mr. Ambrogi noted
that letters requesting payment have been mailed to three districts
and numerous responses have been received. He advised that the
Treasurer agreed to provide a weekly update of payments made to the
Commonwealth's Attorney and to provide a monthly report to the Count
Administrator's Office of the monies collected. This information
will be presented to the Board.
Council on Alcoholism Request for County Financial Support -
Approved
Mr. Baker reported that the Committee had reviewed the letter
from the Council on Alcoholism requesting County financial support
El
in the amount of $565 per month. He noted that the Committee dis-
cussed the program with representatives of the Council, and had re-
viewed a letter from the ASAP advisory Board who had also reviewed
the request. He stated that on the basis of the ASAP Advisory Board
who had also reviewed the request. He stated that on the basis of
the ASAP Advisory Board recommendation, the Committee recommends that
the County authorize funding on a month by month basis in the monthly
amount of $565 with the stipulation that the detox facility be
accountable on a monthly basis for these funds and shall make busi-
ness like records available to the County when required.
Upon motion made by William H. Baker and seconded by Will L.
Owings,
BE IT RESOLVED, That the Board of Supervisors of the County of
Frederick, Virginia, authorizes funding for the Council on Alcoholism
Detoxification Program in the amount of $565 per month on a month
by month basis with the stipulation that the detox facility be
accountable on a monthly basis for these funds and shall make busines -
like records available to the County when required.
The above resolution was passed by the following recorded vote:
jAye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W.
Maddox, R. Thomas Malcolm and Kenneth Y. Stiles.
MODI ACCRUAL PURCHASING - ACCOUNTS PAYABLE SYSTEM - APPROVED
Mr. Baker reported that the Committee had reviewed a draft re-
port prepared by the accounting firm, Robinson, Farmer, Cox Associate -a.
He noted that the purpose of the study was to review and evaluate the
purchasing and accounts payable systems currently used in Frederick
County and to develop such forms and procedures as are required to
establish a modified accrual purchasing- accounts payable system, with
encumbrances, in accordance with the recommendation of Governmental
Accounting, Auditing, and Financial Reporting (GAAFR) and the Auditor
of Public Accounts. He advised that the Committee had reviewed in
depth the recommendations of the accountants and recommends implemen-
tation of the changes as summarized in the executive summary. He
noted that copies of the full report are available from the Committee
members, the Director of Finance, or the County Administrator. He
then introduced Mr. Robert Huff and Mr. Ed Garris of Robinson, Farmer,
Cox Associates, who appeared before the Board and explained the work
55
performed by their firm and their findings.
Upon motion made by William H. Baker and seconded by Will L.
Owings,
BE IT RESOLVED, That the Board of Supervisors of the County of
Frederick, Virginia, does herein accept the recommendation of the
Finance Committee to implement a modified accrual purchasing - accoun
payable system, with encumbrances, as set forth in the Executive
Summary Report submitted by Robinson, Farmer, Cox Associates.
The above resolution was passed by the following recorded vote:
Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W.
Maddox, R. Thomas Malcolm and Kenneth Y. Stiles.
Report - School Budget Changes As A Result of Not Opening
Ridge Campus
Mr. Baker reported that the Committee had met with Dr. Wright
and Mr. Perrault of the School Board offices to discuss the impact
on the school budget as a result of not opening the James Wood Ridge
Campus. Dr. Wright estimated that the net savings for July, August,
and September equal approximately $10,000 per month. The Committee
requested that the School Board prepare a detailed accounting of
actual expenditures and unspent funds for further review by the
Committee. The Committee is concerned about securing accurate cost
projections for major items such as electricity.
Request for Carry- Forward Appropriations - Approved
Mr. Baker reported that the Committee reviewed a list of re-
quests for carry - forward appropriations. The items represented are
I primarily for items where funds were obligated but not paid during
FY 80 or represent items where purchase orders have been issued but
F
not fullfilled, or represent outstanding contracts for the comple-
tion of specific projects. Several minor items, totalling $2,634,
4
I have been deleted from the list. The Committee also notes that fol-
lowing completion of a modified accrual accounting system for the
t
County, reappropriation of obligated funds will not be necessary in
the future.
Upon motion made by William H. Baker and seconded by Will L.
Owings,
I
BE IT RESOLVED, That the Board of Supervisors of the County of
Frederick, Virginia, does herein approve the following carry- forward
appropriations to the Fiscal Year 1980 -1981 Budget:
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58
The above resolution was passed by the following recorded vote:
Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W.
Maddox, R. Thomas Malcolm and Kenneth Y. Stiles.
JUDICIAL CENTER COMMITTEE PROCEDURES AND RESPONSIBILITIES
DISCUSSED
Mr. Malcolm and Mr. Stiles requested direction from the Board
as to how the Judicial Center Committee should proceed and their
responsibilities relative to this project.
Following a brief discussion, the Board concurred that the
Judicial Committee, along with the Subcommittee, should assume re-
sponsibility to continue with the project with periodic reports to
the governing bodies, before final approval of the site plan and
design.
Mr. Stiles stated that he felt the Subcommittee should be com-
mended for the many hours they spent and the work they have done
on the project. The Board concurred.
COR RESPONDENCE :
Request for Appointment of School Board T
Procedures Established
Breaker - Discussed -
The County Administrator noted that a letter had been submitted
by Dr. Wright requesting appointment of a School Board Tie Breaker
in accordance with Sections 22.1 -40 and 22.1 -75 of the Code of
Virginia, 1950, as amended. Mr. White suggested an application pro-
cedure be established for this appointment and explained how such
procedure would work.
There followed a brief discussion regarding the procedures which
would be followed in order to make this appointment.
Upon motion made by Will L. Owings and seconded by Kenneth Y.
Stiles,
BE IT RESOLVED, That the Board of Supervisors of the County of
Frederick, Virginia, does herein establish the following procedures
for the selection of the School Board Tie Breaker:
1. Advertise twice through the balance of the week in the local
newspapers the Board's desire to seek applicants for the
position of tie breaker for the School Board.
2. Distribute simple applications to interested persons for
completion and return before the agenda is to be prepared.
3. A sample application for such position will be made available
to Board members for distributions to persons whom they woulc
like to see apply in addition to interested citizens.
4. The applications received would be distributed with the
agendas for the next meeting for review by the Board. At
the Board meeting, the application can be reviewed and dis-
59
cussed as a group in executive session where informal balloting
can take place. Following the results of the informal ballot -
ing, public confirmation can be completed at the Board meeting.
i
The above resolution was passed by the following recorded vote:
Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W.
Maddox, R. Thomas Malcolm and Kenneth Y. Stiles.
i The Board established the deadline for receipt of the applica-
tions of September 19, 1980.
DISCUSSION REGARDING STATEMENT CONTAINED IN AUGUST 22, 1980
WINCHESTER EVENING STAR - DISCUSSED
The Chairman stated that concern continues to be expressed
about a statement attributed to a member of the Board contained
in the August 22, 1980 Editorial of the Winchester Evening Star
concerning Aylor School and discipline in Frederick County Schools
being massive and papered over. He stated that his concern is tha
citizens are attributing this statement to different members of
this Board including himself. He advised that he wanted to state
publicly that he made no such statement.
Mr. Malcolm stated that he too had been concerned about this
and if the Chairman felt it was appropriate to make such a state-
ment, he would also like to state that the statement did not come
from him.
i
Mr. Baker stated that he had not made such a statement either.
Mrs. Maddox stated that she did not make the statement referred
to in the article.
Mr. Owings stated that Aylor School is in his district and he
wanted it understood that he did not make the statement.
Mr. Stiles stated that he did not make the statement either.
Mr. Koontz stated that he felt it was important that this mat
be cleared up and this type of thing is uncalled for.
BOARD RETIRES INTO EXECUTIVE SESSION
Upon motion made by Kenneth Y. Stiles, seconded by William
H. Baker and passed unanimously, the Board retired into Executive
Session in accordance with Section 2.1 -344, Subsection (a)(1) of
the Code of Virginia, 1950, as amended, to discuss personnel
matters.
BOARD WITHDRAWS FROM EXECUTIVE SESSION
Upon motion made by R. Thomas Malcolm, seconded by Kenneth Y.
Stiles and passed unanimously, the Board withdrew from Executive
WIN
Session.
BOARD RECONVENES INTO REGULAR SESSION
Upon motion made by R. Thomas Malcolm, seconded by Kenneth Y.
Stiles 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.
r
�)
zai an T ar o l}ipery rs / Clerk, Board of Supervisors
/�� (:�
A Joint Public Hearing of the Frederick County Board of Super-
visors and the Frederick County Planning Commission was held on
September 16, 1980 at 7:00 P.M. in the Board of Supervisors' Meet-
ing Room, 9 Court Square, Winchester, Virginia.
PRESENT:
Board of Supervisors - S. Roger Koontz, Chairman; Will L. Owings
Vice - Chairman; William H. Baker; Rhoda W. Maddox; R. Thomas Malcolm
and Kenneth Y. Stiles.
Planning Commission - C. Langdon Gordon, Chairman; Frank Drum-
back, Vice Chairman; Elmer Venskoske; W. French Kirk; James Golla-
day, Jr and Manuel DeHaven.
CALL TO ORDER
Chairman Koontz called the meeting to order and read the rules
of procedure which would be followed during the hearing.
PUBLIC HEARING - RE: PROPOSED DOWNZONING OF FREDERIC COUNTY
Mr. John Riley, Planning and Development Director, reviewed
briefly, the proposed changes in the agricultural zoning in the
County and there was no public comment regarding said changes.
Mr. Riley then briefly summarized the proposed changes in the
residential zoning.
Mr. Thomas Dickenson appeared before the Board representing Mrs.
Mabel Bond, et al and stated that he wanted to address two parcels
of property, one of which was Parcel 200 on Tax Map #42 which
contains approximately 60 acres and is located on the east side of