April 08, 1981 Regular Meeting244
A Regular Meeting of the Frederick County Board of Super-
visors was held on April 8, 1981, at 7:00 P.M., in the Board of
Supervisor's 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 invocation was delivered by the Reverend William Hough
of the Braddock Street Methodist Church.
ADOPTION OF AGENDA
The County Administrator stated that he had two items of
correspondence for information of the Board.
Mr. Owings stated that one of his constituents, Mr.
Harrington Smith, would like to address the Board.
Mr. Smith stated that this pertained to an earlier situa-
tion that had been discussed by the Board.
Upon motion made by Kenneth Y. Stiles, seconded by William
H. Baker and passed unanimously, the agenda was adopted as
amended.
MINUTES OF FEBRUARY 25, 1981 NOT APPROVED
Mr. Stiles requested that the following corrections be
made:
Page 3, second paragraph where Mr. Smith sited several
sections of the code. He would like for these sections to be
listed in the minutes.
Page 4, the first paragraph under the title "COMMITTEE
STRUCTURE OF THE BOARD OF SUPERVISORS - DISCUSSED ", he requested
that the Chairman's reply be inserted to this question which
was, "Mr. Koontz stated that the Personnel Committee did not
bill anyone for any money."
Page 11, the third paragraph with regard to Nancy Omp's
appointment to the Chapter 10 Board, Mr. Stiles requested that
it show how each Board member voted on this appointment.
245
Page 14, under "COMMITTEE APPOINTMENTS - OPEQUON DISTRICT ",
Transportation Committee should read, "Neil Stallings ", Exten-
sion Advisory Board should read, "Harold Nichols ".
The Chairman stated that inasmuch as there were quite a few
corrections, the Board would not approve the minutes of February
25, 1981 Meeting at this time.
JAMES GOLLADAY REAPPOINTED TO THE PLANNING COMMISSION -
OPEQUON DISTRICT - APPROVED
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 reappoint James Golladay to
the Planning Commission, from Opequon District, for another
term, said term to commence on April 7, 1981 and terminate on
April 7, 1985.
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.
M. M. ADAMS REAPPOINTED TO THE SANITATION AUTHORITY -
GAINESBORO DISTRICT - APPROVED
Upon motion made by Rhoda W. Maddox and seconded by William
H. Baker,
BE IT RESOLVED, That the Board of Supervisors of the County
of Frederick, Virginia, does herein reappoint M. M. Adams to the
Sanitation Authority, from Gainesboro District, for another
term, said term to commence on April 15, 1981 and terminate on
April 15, 1985.
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. RALPH SHOCKEY AND DR. MELTON WRIGHT ADDRESSES BOARD
RE - REPORT ON JAMES WOOD RIDGE CAMPUS
Mr. Ralph Shockey presented the following report to the
Board:
CONSTRUCTION MANAGEMENT REPORT
TO
THE FREDERICK COUNTY SCHOOL BOARD
I. INTRODUCTION
246
The purpose of this report is to
brief report on the significant
of Howard Shockey & Sons, Inc.,
construction of the Ridge Campus
School.
II. SUMMARY
present to the Owner a
developments, and the role
during the design and
of James Wood High
Howard Shockey & Sons, Inc. is pleased with its
contribution to the community in the construction
management of James Wood High School - Ridge Campus.
Howard Shockey & Sons, Inc. became involved in the project
at its inception and participated in the preliminary work
required to prepare the application necessary for an EDA
grant. As an early member of the Construction Team, we
participated in the development of the program designs,
evaluation of designs, materials and construction methods,
constantly recommending changes which would create a
long - lasting, functional facility at the least cost to the
Owner. Our efforts resulted in a Guaranteed Maximum Price
of $7,574,534 for construction which was acceptable to the
Owner. Our efforts, as Construction Manager, packaging the
work, administrating the contracts, and including advance
procurement saved the Owner money and expedited his
occupancy of the building, enabling the project to be
completed without exceeding the Guaranteed Maximum Price
for construction and giving occupancy of the academic
portion of the facility on January 5, 1981.
Howard Shockey & Sons, Inc.'s role as Construction Manager,
which resulted in a cost effective building completed in a
timely manner, included value engineering and cost
effectiveness studies; contract organization, competitive
bidding and advance procurement; cost and schedule control;
effective contract coordination and supervision; job and
team progress meetings to insure proper flow of the
work.
The cost of the project, with all risks being assumed by
Howard Shockey & Sons, Inc., was developed through
continuous refinement of the program designs, and resulted
in seven estimates before the program designs, final
design, materials and construction methods were finalized
which resulted in a Guaranteed Maximum Price. This was
accomplished, at the Owner's direction, without the use of
a contingency which considerably restructed our flexibility
to handle design changes and ommissions from the drawings
without having to absorb some of these costs. Under other
conditions, these changes and ommissions would result in a
change order revising the Guaranteed Maximum Price.
The timely completion of the facility was the result of
Howard Shockey & Sons, Inc.'s efforts at schedule control
through the use of short interval scheduling, materials and
equipment expediting, and contractor manpower monitoring.
The January, 1981, occupancy for a facility of this nature,
which would normally not have occurred until September of
1981, testifies to the successful efforts of Howard Shockey
& Sons, Inc. in schedule management.
III. HISTORY
A. Preliminary Work
In October of 1976, Howard
requested by the Frederick
provide a budget estimate
Haigh School. This budget
support of an application
Shockey & Sons, Inc. was
County School Board to
for a proposed new Senior
estimate was to be used in
for EDA funds.
Based on data provided by the School Board specifying
the maximum number of students that would occupy the
facility, and using the State's recommended square foot
247
allowance per pupil, a preliminary facility size was
determined. Utilizing this information and past
experience in construction cost for schools and similar
facilities, a preliminary budget estimate was prepared.
With this information, we developed a preliminary
schedule for construction. This information was
presented to the School Board in October of 1976 for
inclusion in the EDA funding documents.
An agreement with the Frederick County School Board was
signed on November 5, 1976, engaging the services of
Howard Shockey & Sons, Inc. as the Construction Manager
on a new high school facility for Frederick County.
This was a cost plus fixed fee agreement with a
Guaranteed Maximum Price (GMP) which was to be
determined as the scope of work was more fully
defined.
The selection of Hubert T. Stratton, AIA, as the
Architect, completed formation of the Construction Team
in November of 1976.
B. Project Design, Advance Procurement and Determination
of the GMP
Subsequently, various program designs for the facility
were considered, utilizing the input from the Owner's
Task Force Teams, the State Department of School
Buildings, independent, interested organizations and
individuals. The construction costs of these programs
were estimated, causing numerous modifications to the
program design in an effort to keep the costs within
reason. This iteration process continued to the fall
of 1977 until we felt the final program design was
consistent with a reasonable project cost.
Additionally, numerous building systems were priced and
reviewed with the Construction Team to determine the
most cost effective design and construction methods
consistent with the program designs previously
discussed. The results of these studies were
continually incorporated into the working drawings in
an effort to expedite the design process.
The design drawings and specifications continued to be
developed, until in the Spring of 1978 the Construction
Team in an effort to "beat" impending price increases,
to meet the Owner's completion date, and feeling
confident the GMP would be within budget, decided to
proceed with advance procurement of selected work
packages. Therefore, after competitive bidding, Phase
I of the Site Work was awarded and work began in April,
1978. The Concrete Work was awarded in November, 1978;
the Structural Steel was awarded in December, 1978; the
Masonry Contract was awarded in March, 1979, all with
the School Board's approval.
Throughout this time, the design process was
continuing, and in early 1979, with designs still
incomplete, it was felt that enough information existed
to prepare a GMP for the project. This was
accomplished and presented to the School Board in
February of 1979. This GMP was not acceptable to the
Frederick County Board of Supervisors and we were
directed to await completion of plans and
specifications and the solicitation of competitive
bids before submitting another GMP. We were instructed
to eliminate all contingency costs in the preparation
of the GMP. Additionally, we were instructed to cease
all further advance procurement as of mid March,
1979.
In the Spring of 1979, having received design documents
identified as being complete, competitive bidding for
248
the remaining work packages was initiated. Based on
this bidding process, a GMP of $7,574,534 was presented
to the School Board in July of 1979. Also presented at
this time was an alternate GMP of $7,158,364 based on
the deletion of the Auxiliary Gym and Auditorium. This
alternate GMP was accepted by the School Board. At
this time we were directed to proceed with the
remaining construction of the facility five months
after we were directed to obtain competitive bidding in
the preparation of the GMP.
C. C onstruction Phase
The contracts for the remaining work packages were
awarded and their construction began in late July of
1979. Throughout this phase of the work value
engineering of designs and construction methods were
continually employed to improve upon the quality and
costs of the project.
In September of 1979, the School Board directed us to
add to this work the Auditorium and Auxiliary Gym, and
in November of 1979, the Agreement between the Owner
and Howard Shockey & Sons, Inc. was amended to include
the GMP of $7,574,534, based on drawings and
specifications completed at the time of the GMP given
to the School Board in July of 1979.
In mid - December of 1980, the School Board began moving
equipment into the academic portion of the facility,
and the first class was held on January 5, 1981.
IV.
ROLE OF THE CONSTRUCTION MANAGER
Construction Management, as performed by Howard Shockey &
Sons, Inc., is a nationally recognized method for the
construction of buildings. It involves a team effort
utilizing the expertise of the Owner, the Construction
Manager and the Architect from the onset of the project
through its completion.
Specifically, the Construction Manager, Howard Shockey &
Sons, Inc., brought to the team:
(1) Value Engineering and Cost Effectiveness Analysis
(2) Selection of Work Packages
(3) Competitive Bidding of Work Packages
(4) Advance Procurement
(5) Cost and Schedule Control
(6) Trade Coordination and Supervision
(7) Weekly Progress Meetings and Reports
(8) Construction Team Meetings
A. Value Engineering & Cost Effectiveness Analysis
A continuous evaluation of the various designs,
materials and construction methods to determine the
most cost effective and schedule effective was
accomplished. Some examples of our efforts in this
area were:
(1) Integration of a structural steel frame with wall
bearing masonry
(2) Recommended revision of the Finish Schedule
249
(3) Recommended revision of the site utility arrange-
ments
(4) Recommendation of alternate roofing materials
(5) Review of the mechanical and electrical design
concepts
B. Selection of Work Packages
This encompassed the grouping together of similar items
of work into work packages to minimize the overlapping
of work of various trades which served to minimize the
cost and reduced the time required to complete the
project by assisting the various contractors in the
coordination of their own work. This project was
organized into over 35 work packages.
C. Competitive Bidding of Work Packages
Advertised,, competitve bidding of all phases of the
work insured the most economical price available at the
time. This effort resulted in our obtaining over 100
bids for the total project. Howard Shockey & Sons,
Inc. evaluated the bids to determine if the bidders
completely covered the total scope of work in their
bids, reviewed the results with the Owner and awarded
the contracts.
D. Advance Procurement
The advance competitive procurement of the various
segments of the project, as they became available from
the Architect, protected the Owner against inflation.
It is estimated that advance procurement on this
project saved the Owner over $200,000.
E. Cost and Schedule Control
The continuous monitoring of the project cost and
progress of the work through the use of our in -house
data processing equipment and short interval scheduling
techniques enabled Howard Shockey & Sons, Inc. to
insure the timely completion of the project without the
allocated costs. The savings incurred in effective
cost control were invested in improving various
elements of the project. Our efforts in this resulted
in a senior high school facility costing $34.42 per
square foot for the building and $5.26 per square foot
for site work.
F. Trade Coordination and Supervision
Effective contract management by Howard Shockey & Sons,
Inc. required daily coordination of the various
contractors to insure that one contractor had completed
his piece of the work so that others could follow.
This avoided delays of having one contractor wait while
others completed their work and thus insured the most
efficient utilization of the available resources.
Continuous supervision of the various contractors to
see that their work was accomplished in accordance
with the plans and specifications insured the Owner of
obtaining the quality of work which met Howard Shockey
& Sons, Inc.'s high standards.
G. Weekly Progress Meetings and Reports
It is a custom of Howard Shockey & Sons, Inc. to have
weekly job site project meetings with all on -site
contractors. This insured that each were aware of the
work of the others, brought forth potential problems,
insured proper coordination and scheduling and informed
G O
all parties of the current project status and
identified items of work required to be accomplished
and /or completed. As a by- product of these meetings,
minutes were published and distributed to all attendees
and members of the construction team to inform them of
the detailed job status.
H. Construction Team Meetinqs
Construction team meetings have been held every two
weeks throughout the life of this project. This served
to inform all members of the project status, resolved
impending problems, reviewed alternative methods to
reduce cost and accelerate the schedule. These meet-
ings were attended by the Division Superintendent, the
Secondary Facilitator, the Architect and the
Construction Manager.
V. PROJECT COST
The type of agreement utilized on this project between the
Owner and Howard Shockey & Sons, Inc. was a Cost Plus Fixed
Fee with a Guaranteed Maximum Price. This eliminated the
risk to the Owner while insuring the Owner any savings would
accrue to him. Normally any change in the contract drawings
and specifications after the GMP is agreed upon, results in
a Change Order to the Construction Manager, modifying the
GMP. All of the risks were assumed by Howard Shockey &
Sons, Inc. Any cost in excess of the GMP served to reduce
our fee and could have possibly resulted in a loss in the
event we had misjudged the scope of the work involved.
All the costs referred to in this report pertain only to the
construction costs and do not include costs of architect's
fees and owner furnished equipment.
A. Cost Development
The following represents a chronological history of the
cost evaluation on this project:
October, 1976: In support of the EDA
application and based on a
facility size of 176,500 sq.
ft., a preliminary budget
estimate of $6,317,000,
which included a contingency
of $300,000 was prepared and
presented to the School
Board.
December, 1977: Based on the input of the
Owner's Task Force, the size
of the facility was
determined to be 204,463 sq.
ft. Based on this, the cost
was estimated to be
$7,650,000 including a
$300,000 contingency.
January, 1978: By elimination of
non - essential space, the
facility size was reduced to
188,854 sq. ft., which
resulted in a cost of
$7,125,000, including a
$300,000 contingency.
June, 1978: Further refinements to the
program plan resulted in a
facility size of 185,980 sq.
ft. and an estimated cost of
251
February, 1979:
$6,984,327 including
$300,000 contingency.
The first GMP, based On a
facility size of 190,945 sq.
ft. was $7,548,654 including
a $300,000 contingency.
This GMP was rejected by the Frederick County Board of
Supervisors with instructions to Howard Shockey & Sons,
Inc. to base the GMP on competitive bidding and to
eliminate contingencies.
July, 1979: A GMP, based on a facility
size of 190,878 sq. ft. of
$7,574,534 was presented to
the Owner.
An alternate GMP, based on
the elimination of the
Auxiliary Gym and
Auditorium, of $7,158,364
was also presented to the
Owner.
The price of $7,158,364 was
accepted by the School
Board.
November, 1979: The GMP was modified to
$7,574,534 to incorporate
the Auxiliary Gym and
Auditorium into the work.
It should be pointed out the elimination of the
contingency eliminated the availability of funds that
might have been used to absorb unforeseen costs arising
from design changes, errors and /or omissions.
B. Final Cost to the Owner
The final total cost to the Owner will be equal to the
agreed upon GMP of $7,574,534. This was accomplished
by Howard Shockey & Sons, Inc.'s prudent handling of
the allocated construction funds and absorbing costs
brought on, in part, by omissions in design that
normally would have been available from a contingency
fund. As a result of this, there will be no savings
which can accrue to the Owner.
VI.
SCHEDULE
The utilization of Construction Management and advance
procurement permitted proceeding, with the approval of the
Owner, of the initial stages of the work while the design
was still in progress, thereby permitting the facility to
be occupied at an earlier date than would have been
possible by waiting until all contract documents had been
completed, put out for bid, evaluated and awarded.
On this project, had the Owner completed the contract
documents before awarding this contract, the occupancy date
would have been no earlier than September, 1981, instead of
the actual occupancy date of January, 1981.
A. Owner Desired Completion
During the design development stage, the Owner desired
occupancy by September of 1980. At that time this was
felt to be a most realistic schedule. However, the
abnormal amount of time required for the designs,
brought about in party by the desire to obtain input
252
from as many interested parties as possible, delayed
the development of the GMP until February, 1979.
Further, the directive to base the GMP on completed
plans and specifications delayed the starting time on a
majority of the work by five months until July of
1979.
Howard Shockey & Sons, Inc., realizing the strong
desires of the Owner, brought about by public pressure
to occupy the building by September of 1980, yielded to
these desires, even though we realized this was an
extremely optimistic completion date.
The contractors involved in the project diligently
worked to meet the September, 1980, completion date for
the academic areas and had on numerous occasions
indicated their commitment to meet this date. In
retrospect, when we recognized the September, 1980,
date could not be met, we should have informed the
Owner at an earlier date.
B. Scheduling Methods and Controls
Realizing the extremely short time allocated to the
construction, Howard Shockey & Sons, Inc. utilized
weekly short interval scheduling along with area
scheduling to monitor the work needing accomplishment
within the next two to three weeks. This insured the
work was accomplished in the most efficient manner and
that resources were applied to complete the work in the
least time.
In addition, the delivery status of long lead time
material and equipment was continually monitored to be
certain they were available when needed and would not
delay this project.
The contractors were required to provide weekly status
of their manpower requirements and were checked daily
to determine if their needs were being met.
With the momentum generated by all contractors, it
seemed unrealistic to publically change the completion
date from September and perhaps lose this momentum.
C. Occupancy Date
During December of 1980, the Owner began utilizing the
building by moving furniture and moveable fixtures. On
January 5, 1981, the Owner began classes in the
academic portions of the building. This occupancy date
was only four (4) months after the Owner's desired
occupancy date requested during the design and
development stage.
Mr. Koontz thanked Mr. Shockey for his detailed report.
Mr. Stiles thanked Mr. Shockey for his report and he stated
that he felt the County has a fine facility and that the cost
per square foot for this facility is very reasonable and in that
respect, the people of Frederick County should be thankful, but
there were a few things that concerned him, mainly: (1) the
original completion date of this facility was slated for
September, 1979 when the question of financing was discussed by
the School Board and the Board of Supervisors, and this was in
253
fact not the completion date; (2) the contract with the School
Board stated that the guaranteed maximum price would be
submitted within the allocated funds and this was not done.
Mr. Shockey addressed these two concerns of Mr. Stiles.
Dr. Wright presented the following report with regard to
funding for furniture and equipment at the James Wood High
School Ridge Campus:
JAMES WOOD HIGH SCHOOL - RIDGE CAMPUS
FUNDING FOR FURNITURE AND EQUIPMENT
April 8, 1981
The Frederick County Board of Supervisors authorized a
furniture and equipment allowance of $900,000. As of the date
of this report the entire $900,000 has been spent or orders
placed.
The major suppliers for the casework, cabinetry, desks,
student and athletic lockers, basketball goals, scoreboards, gym
bleachers, auditorium seats and curtains, library /media center
tables, chairs, shelving and casework and the kitchen equipment,
including a large freezer, and so forth are listed below:
Flowers Equipment Company of Richmond
J. H. Pence Company of Roanoke
Kolbe Equipment Company of Richmond
Fletcher's Refrigeration of Winchester
Universal Telephone Equipment
Reimbursable Vocational Equipment
(Local share of 45% paid from
$900,000 allowance)
$407,435.21
158,453,23
43,160.10
10,067.40
38,640.00
126,988.18
Other equipment and furniture items include music chairs,
photographic equipment, audio equipment, typewriters, science
equipment, wrestling /gymnastics mat, and so forth.
$21,700 of the $900,000 has been used to pay the
reimbursable expenses of the architect according to the contract
signed in October of 1976 between Hubert Stratton, AIA, and the
Frederick County School Board. Some of these expenses were
related to the selection, placement and coordination of
casework, cabinetry and specialized equipment.
It should be noted that the twin greenhouse was paid for
from this allowance and reimbursable funds. Technically, the
greenhouse is an integral part of the building. However, since
the state provides vocational reimbursable funds for ornamental,
horticulture equipment we elected to provide it through this
avenue of funding. The greenhouse cost $59,250 installed.
Local funds paid for 45% of this cost or $26,662.50.
The Universal Telephone System cost $38,640.00. The
division superintendent and other staff members felt that this
equipment should have been paid for on a shared basis from the
$900,000 allowance and the operation budget. The rationale for
this is that by owning our telephone system we will reduce
extensively the operation costs for telephones each year. It is
estimated that the system will pay for itself in about four
years. However, it was decided that all of the telephone system
should be taken from the F & E allowance.
254
In addition to the $900,000 allowance as explained above
$155,207.78 of federal and state reimbursable funds was spent to
make a total of $1,055,207.78. Regular reimbursable funds for
vocational equipment in the 1980 -81 budget amounted to
approximately $48,000. A small amount of cafeterial money was
spent for "pots and pans" equipment in the kitchen, and some
funds from the operation budget were spent for such items as
fire extinguishers.
The remaining equipment and furniture to equip the Ridge
Campus was transferred from the Amherst Campus. This included
the movement of the entire chemistry laboratory and saved
approximately $25,000 in additional funds for furniture and
equipment.
Currently a county -wide inventory of all equipment is
underway and this report will provide us with a total value of
the equipment in the Ridge Campus. We have placed an estimated
value of $1,300,000 for all casework, cabinetry and other
equipment in the building for insurance coverage.
It should be noted that additional equipment will be added
in the future specifically to the Industrial Arts Department,
the Physical Education Department and the Athletic Department
since current funds are not available to complete these
areas.
As a contribution to the equipment budget Arthur H. Fulton,
Incorporated, of Stephens City contributed $1,794 for one
electronic scoreboard and hauled all of the scoreboards from the
company to Winchester without charge. The Frederick County
Parks and Recreation Department contributed $1,220 for a
scoreboard in the auxiliary gym and has promised to pay for a
second scoreboard in the 1981 -82 budget.
Discussion followed with regard to the landscaping at the
School and Dr. Wright stated that he felt this could be done for
approximately $15,000.00.
Dr. Wright presented the following report to the Board on
the estimated savings in the Budget since James Wood Ridge
Campus was not opened until December 15, 1980:
REPORT TO FREDERICK COUNTY BOARD OF SUPERVISORS ON ESTIMATED
SAVINGS IN BUDGET SINCE JAMES WOOD /RIDGE CAMPUS WAS NOT OPENED
UNTIL DECEMBER 15, 1980.
Costs for operation of the Kline Elementary School have been
deducted.
Transportation
Operation
Custodians
Deduct
$ 9,861
8,250
Custodians' Fringe Benefits 928
255
Custodians' Uniforms 84
Electric Service 48,800
Telephone 240
Water and Sewer 1
$69,363
Respectfully submitted,
jsf Melton Wright
Melton Wright
Division Superintendent
FUNDING OF JAMES WOOD HIGH SCHOOL - RIDGE CAMPUS
Virginia Public
School
Authority
Loan
Interest
Date
Bond
Sale #1
$1,000,000
5.15%
March 10,
1977
Bond
Sale #2
2,000,000
5.08%
March 22,
1978
Bond
Sale #3
1,000,000
5.72%
March 28,
1979
Bond
Sale #4
1,500,000
6.09%
October 3,
1979
SUB -TOTAL $5,500,000
Literrary Fund of Virginia
Loan $1,000,000 3.0% December, 1980
Total Loans $6
Revenue Sharing $1,000,000
Local funds $1,353,261 ($933,605.23 earned on interest)
GRAND TOTAL $8,853,261
*On June 30, 1981 the total indebtedness for school construction
will be $10,763,300 The interest payments will be at the above
rates over a 20 year period. This indebtedness includes
remaining debt on all new and renovated construction beginning
with the original Senseny Road Elementary School and inlcuding
Robert E. Aylor Middle School, D. J. Howard Vocational Center,
Apple Pie Ridge Elementary School, Bass - Hoover Elementary
School, a major addition to Senseny Road and the School Bus
Garage.
Mr. Stiles asked Mr. Hubert Stratton, the architect for
this project, if the County still owed him for the designing of
the outside facilities at the school. Mr. Stratton replied
they did, but that he could not give a final figure at this
time.
256
Mr. Stiles stated that he felt there was something wrong
with the process when the project was one and half years late
and one million or more over in expense from February, 1977 to
September., 1979.
The Board recesses.
TRANSFER OF CITGO PROPERTY TO THE CITY OF WINCHESTER -
TABLED
Mr. George Whitacre, Clerk, appeared before the Board stat-
ing that he had no problem with the County transferring this
property to the City of Winchester but he felt that the City
should deed the property that was to come to the County at the
same time.
Mr. Malcolm stated that in the agreement between the City
and the County it states that the County is to receive one -half
undivided interest in the property where the Judicial Center is
to be built and that he felt this Judicial Center would in fact
be built.
Discussion followed as to what the legal ramifications
would be if the Judicial Center was not built.
Upon motion made by R. Thomas Malcolm and seconded by
Kenneth Y. Stiles,
BE IT RESOLVED, That the County of Frederick, Virginia,
does herein table any action on the transfer of the County owned
Citgo property to the City of Winchester until the next Regular
Board Meeting.
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER
7, ARTICLE II, ADOPTED JUNE 28, 1971, TO AMEND SECTION
7.7 AND SECTION 7.8 - DISCUSSED
This ordinance amendment is to provide for the portion of
members of County Boards of Supervisors to establish
boundary lines of the Magisterial District and to name
each Magisterial District.
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER
7, ARTICLE III, ADOPTED JUNE 28, 1971, TO AMEND SECTION
7.11(b). 7.11(e). 7- 12(a)(1). 7- 12(b)(2). 7 -12 (e)(2) AND
BY THE ADDITION OF SECTION 7- 12(a)(2) - DISCUSSED
This ordinance amendment is to establish polling places and
boundary lines for election precincts.
Mr. Riley stated that the full report that had been
provided to the Board in the agenda would be going to the
257
Justice Department on April 23, 1981, provided the plan is
officially adopted by the Board.
Mr. Riley further stated that there has been one procedural
change that requires official action by the local governing body
before the Justice Department will review the Frederick County
Plan. The sequence of events is as follows: (1) The prelim-
inary public hearing on April 8, 1981, (2) the official public
hearing on April 22, 1981 to adopt the ordinance and to enact
the redistricting and reapportionment plan. The effective date
of redistricting will be June 1, 1981.
CUP #001 -81 - GARY A. WYGAL - SHAWNEE MAGISTERIAL DISTRICT
APPROVED
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 conditional use
permit #001 -81 of Gary A. Wygal, Shawnee District, for a home
occupation /tax service.
It was noted that the hours of operation on Saturday would
be 8:00 A.M. until 9 :00 P.M. rather than 5:00 P.M.
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 #002 -81 - ROBERT F. ZEIGLER, INC. - STONEWALL
MAGISTERIAL DISTRICT - OFF -SITE PLAN - APPROVED
Upon motion made by Kenneth Y. Stiles and seconded by Will
L. Owings,
BE IT RESOLVED, That the Board of Supervisors of the County
of Frederick, Virginia, does herein approve conditional use
permit #002 -81 of Robert F. Zeigler, Inc., Stonewall Magisterial
District, for an off -site sign.
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.
CANCELLATION OF CUP #011 -78 - JOHN E. AND ERNESTINE HOOVER
BA CK CREEK MAGISTERIAL DISTRICT - A PPROVED
Upon motion made by William H. Baker and seconded by Rhoda
W. Maddox,
258
BE IT RESOLVED, That the Board of Supervisors of the County
of Frederick, Virginia, does herein cancel the conditional use
permit #011 -78 of John E. and Ernestine Hoover, Back Creek
Magisterial District, for a used truck sales lot.
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.
CANCELLATION OF CUP #006 -79 - GERALD P. DEHAVEN - SHAWNEE
MAGISTERIAL DISTRICT - APPROVED
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 cancel the conditional use
permit #006 -79 of Gerald P. DeHaven, Shawnee Magisterial
District, for a garage to be used for automatic transmission
repair.
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, CHAPTER
18, SUBDIVISION, ADOPTED OCTOBER 13 1976 TO AMEND
APTTri.R T_ CRrTTnM 1R 7_ nV TAR AnnTTTnM nR (nl -
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 the amendment to the
following subdivision ordinance:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER
18 SUBDIVISION, ADOPTED OCTOBER 13, 1976, TO AMEND
ARTICLE I, SECTION 18.2, BY THE ADDITION OF (c):
(c) Except for those provisions listed above under (a),(1)
and (2), the subdivision of land within an Agricultural and
Forestal District legally established under Title 15.1,
Chapter 36, Sections 15.1 -1506 through 15.1 -1513, Code of
Virginia (1950), as amended, is prohibited.
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, CHAPTER
18, SUBDIVISION, ADOPTED OCTOBER 13, 1976, TO AMEND ARTICLE
I SECTION 18 -2(3), SUBDIVIDE - APPROVED
259
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 the following amend-
ment to the subdivision ordinance:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER
18, SUBDIVISION, ADOPTED OCTOBER 13, 1976, TO AMEND ARTICLE
I I, SECTION 18 -2(3), SUBDIVIDE AS FOLLOWS:
Section 18 -2(3), Subdivide - the division of land into lots
or parcels of land of five or more acres. In this case, a
plat shall be submitted to the Administrator. This plat
shall include a signature line to signify the approval of
the Health Official of all lots as to their suitability for
sewage disposal; and a signature line for the signature of
the Administrator.
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, CHAPTER
21, ZONING, ADOPTED JULY 12, 1978, TO AMEND ARTICLE I,
SECTION 21- 5(a)(2) - APPROVED
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 the following amend-
ment to the zoning ordinance:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER
21, ZONING, ADOPTED JULY 12, 1978, TO AMEND ARTICLE I,
SECTION 21- 5(a)(2) TO READ AS FOLLOWS:
Section 21- 5(a)(2) - Every petition or application or
reapplication for rezoning shall be accompanied by a fee in
the amount of one hundred dollars plus one dollar per acre
to cover the costs of advertising and other expenses
connected with the processing of a petition or application
or reapplication. Every application or reapplication for
rezoning shall be signed by the landowner and applicant (if
the applicant is not the landowner).
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.
y AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER
21, ZONING, ADOPTED JULY 12, 1978, TO AMEND ARTICLE II,
i SECTION 21 -11(f) - APPROVED
s
i
! Mr. Riley presented this amendment to the zoning ordinance
J
stating that the purpose of this ordinance was to establish an
application fee for conditional use permits. Mr. Riley further
stated that because of a decision that had been handed down from
260
a previous court case stating that a conditional use permit must
be legally advertised and a public hearing held, and because of
the cost involved in doing so, the Planning Commission has
suggested and endorsed that a charge of $75 for a conditional
use permit request be enacted to cover these costs.
Discussion followed as to whether this charge was a one
time charge or for each annual renewal and review.
Mr. Malcolm asked if there was any reason why this could
not be amended to read when the initial application for a
conditional use permit is submitted, that a fee of $75 would be
charged.
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 following
ordinance amendment:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER
21, ZONING, ADOPTED JULY 12, 1978, TO AMEND ARTICLE II,
SECTION 21 -11(f) with the following insert:
Section 21 -11(f) - When "THE INITIAL" application for a
Conditional Use Permit is submitted the Conditional Use
Permit Policies as approved by the Commission shall apply
and a fee of $75.00 shall be required to cover costs of
legally required advertising and notification of
adjoiners.
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 AMENDMENT TO THE FREDERICK COUNTY CODE,
CHAPTER 21, ZONING, ADOPTED JULY 12, 1978, TO AMEND ARTICLE
II, SECTION 21 -11(f) - APPROVED
Upon motion made by R. Thomas Malcolm and seconded by Will
L. Owings,
BE IT RESOLVED, That the Board of Supervisors of the County
of Frederick, Virginia, does herein approve the amendment of
Section 2 -11(f) of the Frederick County Zoning Ordinance to
read as follows:
When the initial application for a conditional use permit
is submitted, the conditional use permit policies as
approved by the Commission shall apply and a fee of $75.00
shall be required to cover costs of legally required
advertising and notification of adjoiners.
261_
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. Nay - Kenneth Y.
Stiles.
BOARD CORRESPONDENCE
Mr. White stated that he had received correspondence from
the State Water Control Board relative to some complaints that
had been received from some County residents with regard to the
City sewer plant and he was passing this information on to the
Board.
Mr. Koontz stated that a letter had been received from the
Attorney General's Office stating that Mr. Stiles may continue
to vote on the Planning Commission.
HARRINGTON SMITH ADDRESS THE BOARD
Mr. Harrington Smith appeared before the Board with regard
to an earlier matter he had discussed with the Board relative to
the Treasurer's Office.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, THE
BOARD OF SUPERVISORS DO NOW ADJOURN.
Chairma , Bodrgj of pervis rs
- /Clerk, Board of Supervisors