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October 22, 1980 Regular Meeting1031 Mr. Koontz requested Mr. Stiles and any other board member who so desired to give a list of their questions to Mr. Owings, the School Board Liaison, for presentation to the School Board to obtain the answers to the questions. The Board concurred and Mr. Owings stated that he would present them at the next meeting of the School Board. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. Vi a ` Fl 9 ha man, B 'In of Su vis s Cl k, Board of Supervisors A Regular Meeting of the Frederick County Board of Supervisors was held on October 22, 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. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The Reverend William Hough of the Braddock Street United 'Methodist Church delivered the invocation. ADOPTION OF AGENDA Mr. Owings requested that the agenda be amended to include an additional item for discussion at the end of the regular meeting. iThe Board concurred. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the Agenda was adopted as amended. APPROVAL OF MINUTES Upon motion made by R. Thomas Malcolm and seconded by Kenneth iY. Stiles and passed unanimously, the minutes of the following meet- sings were approved as submitted: September 10, 1980, September 16, !1980 and September 24, 1980. REQUEST FOR SECONDARY ADDITION - BAKER LANE EXTENDED - - STONEWALL DISTRICT - APPROVED 104 Upon motion made by Kenneth Y. Stiles and seconded by Will L. Owings, WHEREAS, the Virginia Department of Highways and Transportat has reviewed the request of J. P. Darlington and recommends inclu- sion of that portion of Baker Lane Extended from the Corporate Line of the City of Winchester to a point 1300 feet northeast of the Corporate Line, containing .25 miles, on the land of J. P. Darling- ton, in the Stonewall Magisterial District into the secondary road system, pursuant to the provisions of Section 33.1 -229 of the Code of Virginia, 1950, as amended, and WHEREAS, this Board does guarantee the Commonwealth of Virgini an unrestricted right -of -way of sixty (60) feet with necessary easements for cuts, fills and drainage recorded in Deed Book 528, Page 108, dated October 16, 1980. BE IT RESOLVED, that this Board does approve the request for inclusion into the secondary road systems contingent upon the post- ing of a proper and acceptable bond with the Virginia Department of Highways and Transportation. The above resolution was passed unanimously. PAYMENT FOR ZEIGER SUBDIVISION - ROAD CONSTRUCTION - SEC VI - APPROVED Upon motion made by William H. Baker and seconded by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors does herein accept the offer of $6,791.15 from Mr. Leon B. Zeiger for road con- struction in Section VI of Zeiger Subdivision. The above resolution was passed unanimously. Mr. Baker moved that the Board of Supervisors should be paid the interest due on this $6,791.15 at 10% for 3 years, which amount to $2,248.99. The matter was tabled for discussion in executive session. Section V of Zeiger Subdivision was referred back to the Department of Planning and Development to insure that all technical requirements be met prior to the Board of Supervisors approving the same. 1®5 ADVERTISING FOR PUBLIC HEARINGS - DISCUSSED Mr. Riley stated that due to the time period involved as far as applying for a rezoning or conditional use permit, it has been determined that the sixty (60) day waiting period is too long. The following advertising procedure, therefore will be followed in the future: The Planning Commission will change their public hearing date to the second meeting of the month (third Wednesday of each month). The Board will then have enough time after the Planning Commission considers a request to advertise and hear the request at the first Board of Supervisors Meeting of the next month. The foregoing procedure will reduce the waiting time by two week :without necessitating concurrent advertising by the Board and ;Planning Commission. LAW ENFORCEMENT COMMITTEE REPORT Mrs. Maddox presented the Law Enforcement Committee report and the following action was taken: Jail Physician Contract - Approved Upon motion made by Rhoda W. Maddox and seconded by Kenneth Y. Stiles and passed unanimously, the Jail Physician Contract was approved as submitted. A R E E M E N T On this lst day of November 1980, the Frederick County Jail, hereinafter, for convenience, referred to as "Jail" and Douglass Marshall, M.D., hereinafter, for convenience, referred to as "Jail Physician," enter into the following Agreement: i The Jail hires the Jail Physician for a term of one (1) year, ;beginning on the 1st day of November 1980, and ending on the 31st day of October 1981, at an annual salary of Four Thousand, Eight Hundred Dollars ($4,800.00) for this period, payable in twelve (12) equal installments, such payments to be made on the first day of each month during the term of this Agreement. The term of this Agreement shall be extended from year to year thereafter (except as otherwise provided herein) unless terminated by either party by written notice delivered to the other not less than thirty (30) days prior to termination date of this Agreement. 106 A. The Jail Physician agrees to: 1. Assist the Jail in meeting its duties to inmates as stated in the Minimum Standards for Local Jails and Lock- ups of the Virginia Board of Corrections. 2. Assist the Jail in developing policies that will assur high quality medical care. 3. Approve and supervise all medical procedures conducted at the Jail, including: a. Receiving screening procedures b. Referrals of seriously ill inmates C. Provision of non - emergency medical services d. Detoxification e. The formulary for all medications f. Policy concerning medication administration g. The work of qualified medical personnel h. Delousing procedures 4. Develop and be responsible for all standing medical orders. 5. Approve all medical record forms. 6. Consider the general health environment of the Jail and make recommendations to the Chief Jailor when un- satisfactory conditions are observed. 7. Render medical care and attend at "Sick Call" for no less than one (1) hour per day, one (1) day per week. B. The Jail agrees to: 1. Implement policies which assure high quality medical care. 2. Provide adequate equipment (replacing same when obso- lete with equipment of similar character and utility) and supplies. Basic equipment shall include, but not be limited to: blood pressure cuffs, thermometers, stetho- scope, ophthalmoscope, otoscope, percussion hammer, examining table, scale, gooseneck lamp, wash basin, and transportation arrangements for inmates. 3. Provide appropriate, clean space for private medical examination of inmates. 1071 4. Provide space for the confidential storage of medical records, separate from confinement records. 5. Provide a certified Emergency Medical Technician for liason between inmates and Jail Physician and to carry out orders of the Jail Physician. C. It is further agreed that: 1. No regulation of the Jail shall involve the Jail Physician in any aspect of the correctional or disciplinary process which is not related to genuine medical concerns or which would unduly restrict or compromise the medical judgment of the Jail Physician. 2. In situations requiring emergency care, custody pro- cedures shall yield to the medical needs of the inmate as determined by the Jail Physician. The process of moving the inmate to a facility appropriate to his health needs shall not be unreasonably slowed by clearance procedures. 3. Nothing in this Agreement shall prevent the Jail Physician from engaging in any medical practice apart from the Jail. 4. This Agreement shall terminate in the event the Jail Physician shall die or become mentally or physically unable to perform the dutes required. If there is a dispute over the Jail Physician's mental or physical disability, the j Board of the local hospital will resolve the dispute. This i Agreement shall terminate in the event that the Jail i Physician's License to practice medicine in the State of Virginia is revoked. THIS AGREEMENT, and its performance, shall be construed in accordance with and governed by the laws of the State of Virginia. IN WITNESS WHEREOF, the Jail has caused this Agreement to be executed through itself and the Jail Physician on the 1 day of November, 1980. /s/ Roscoe L. Bruce /s/ D. Marshall DULY AUTHORIZED JAIL OFFICIAL JAIL PHYSICIAN 108 Drug Paraphernalia Ordinance - Report The Committee reviewed the drug paraphernalia statutes with (Commonwealth's Attorney Ambrogi. The Committee feels that solution to the drug paraphernalia problem must be addressed statewide by the General Assembly and until this is done it is inappropriate for localities to implement ordinances of questionable constitutionality. The Committee noted that Mr. Ambrogi would be willing to review desirable structures of state statutes with representatives of the Kids are Our Concern Committee in order to enable them to effectively deal with the General Assembly. Trick or Treat Curfew - Report The Committee reviewed this matter with both Commonwealth's Attorney Ambrogi and Sheriff Bruce. Mr. Ambrogi expressed his doubts that there was adequate enabling legislation for counties to enact such an ordinance and that the constitutionality of such a curfew is doubtful. Sheriff Bruce noted that enforcement of such a curfew would be virtually impossible. The Committee therefore feels that action on such an ordinance would be inappropriate. The County Administrator noted that this is a community problem and the solution rests with more adequate supervision by the parents. Gold and Silver Dealer Ordinance - Report The Committee reviewed a draft ordinance which had been prepared by the City. The Committee feels very strongly that similar ordi- nances should be adopted by the City and the County. The Committee also reviewed a sample ordinance by the City of Lynchburg which was recommended for consideration by Commonwealth's Attorney Ambrogi. The Committee will meet again on October 29th to finalize preparation of a draft ordinance. The Committee recognizes that while an ordinance controlling gold and silver dealers may be helpful, such an ordinance will not cure the whole problem and that a complete cure is unlikely. Salary Adjustment - Report The Committee reviewed a request from the Sheriff for a salary adjustment for a road deputy. The Committee has made a recommenda- tion to the Finance Committee for its review which will be presented by the Finance Committee to the Board. QUESTIONS SUBMITTED TO SCHOOL BOARD CONCERNING JAMES WOOD RIDGE 109 CAMPUS CONTRACT - DISCUSSED Mr. Owings stated that about a month ago he had, as Board Liaison, requested a copy of the contract between Howard Shockey & Sons and the Frederick County School Board for the construction of James Wood Ridge Campus, and that each Board member had received a copy of this contract. Mr. Owings further stated that Mr. Stiles had submitted to him a list of seventeen questions concerning this contract and had re- quested that he submit them to the School Board, which he had done, and as of this date he had not received a reply. Mr. Malcolm asked Mr. Stiles if prior to submitting these questions to Mr. Owings he had asked his School Board representative to submit these questions to the School Board. Mr. Stiles replied no. Mr. Malcolm stated that at this point he felt this matter shoul be handled by the School Board and that the Board of Supervisors should not get involved, unless the questions were not answered by the School Board. Mr. Stiles stated that he would give the list of questions to Mr. Hott, his representative, for submittal to the School Board. BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by R. Thomas Malcolm and seconded by Kenneth Y. Stiles and passed unanimously, the Board retired into Executive Session in accordance with Section 2.1 -344 Subsection (a)(2) dis- position of public property and 2.1 -344 Subsection (2)(6) discussion of legal matters of the Code of Virginia, 1950, as amended. 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 Session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by Will L. Owings, seconded by Kenneth Y. Stiles and passed unanimously, the Board reconvened into Regular Session. The Chairman stated that the request of the Frederick- Wincheste Service Authority to purchase county property has been denied. 110 ervis C1�'rk, Board of Supervisors