May 13, 1981 Regular Meeting2851
A Regular Meeting of the Frederick County Board of
Supervisors was held on May 13, 1981, at 7:00 P.M., in the Boardl
of Supervisors' 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 George Stine
of the Centenary United Community Church.
ADOPTION OF AGENDA
Mr. White requested that an Executive Session be held afterl
the Budget Work Session to discuss personnel.
Upon motion made by William H. Baker and seconded by Rhoda
W. Maddox and passed unanimously, the agenda was adopted as
amended.
APPROVAL OF MINUTES
Upon motion made by William H. Baker and seconded by Rhoda
W. Maddox and passed unanimously, the Board minutes of February
25, 1981, were approved as submitted.
COUNTY OFFICIALS
TERESA MILLER APPOINTED TO PARKS AND RECREATION COMMISSION
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 appoint Teresa Miller to the
Parks and Recreation Commission for a two year term as a student
representative, said term to commence on May 1, 1981 and
terminate on May 1, 1983.
286
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.
HANDLEY LIBRARY AGREEMEN - DISCUSSED
Reference was made by Mrs. Maddox with regard to the memo
from the County Administrator addressing the draft of a proposed
I
agreement between the City of Winchester and the County of _
Frederick concerning the proportionment share of the Budget that
I
each jurisdiction would pay after the first two years. Once
this agreement is executed by the two jurisdictions then it will
be sent to Richmond for the State approval which has to be done
by the end of May. j
Discussion followed as to the wording of this agreement,
more specifically with the wording of the County Committment.
Mr. Stiles stated that after reviewing the agreement he was of
the opinion that this was an open ended committment, and he had
some problems with it being worded as it is at this time.
It was decided that the Board would review the original
agreement in Executive Session and then render a decision with
regard to this agreement.
RENEWAL OF CONDITIONAL USE PERMITS - WITH NO TIME LIMITS -
APPROVED
Upon motion made by Kenneth Y. Stiles and seconded by
William H. Baker and passed unanimously the Board of Supervisors
of the County of Frederick, Virginia, does herein approve the
following renewal of Conditional Use Permits with no time
limits:
003 -73 - Smith's Transfer - Shawnee
007 -74 - Orrick Cemetery - Shawnee
009 -74 - Dr. Jerry Grimes - Shawnee
010 -74 - Frederick Co. Fruit Growers - Gainesboro
011 -74 - Charles Omps Garage - Gainesboro
019 -74 - Leslie Mogle - Opequon
020 -74 - Unisil - Back Creek
034 -75 - National Trust for Historic Preservation - Opequon
040 -75 - Boyd J. Under, Jr. - Shawnee
042 -75 - Fred. County Parks & Recreation - Opequon
045 -75 - Allied Wood Products - Stonewall
050 -75 - Dowling Company, Inc. - Back Creek
051 -76 - Denny's Inc. - Stonewall
052 -76 - George Kelchner - Back Creek
055 -76 - National Advertising Co. - Stonewall
063 -76 - Rich Federal Foods, Inc. /Goldston Trucking -
Stonewall
067 -76 - Theodore H. & Margaret P. Sisk - Shawnee
005 -77 - Battle of Cedar Creek Campground - Opequon
008 -77 - Bigman's Restaurant - Shawnee
004 -78 - B. J. Sager, Inc. - Back Creek
016 -78 - Loring J. Wright & Son, Inc. - Stonewall
022 -78 - Round Hill Ruritan Club, Inc. - Back Creek
001 -79 - Robert E. DeHaven - Gainesboro
RENEWAL OF COND:
TIME LIMIT - RE(
TIONAL USE PERMITS - WITH ONE AND FIVE YEAR
UIRING ANNUAL RENEWAL AND/OR REVIEW -
Upon motion made by Kenneth Y. Stiles and seconded by R.
Thomas Malcolm and passed unanimously, the Board of Supervisors
of the County of Frederick, Virginia, does herein approve the
following renewal of Conditional Use Permits with one and five
year limits, requiring annual renewal and /or review:
55A -76 - Guy J. Oates - Gainesboro
068 -76 - Betty J. Peacemaker - Back Creek
001 -77 - W. S. Frey, Inc. - Stonewall
004 -77 - D. Emory Wilson - Back Creek
009 -77 - Margaret A. Carter - Stonewall
002 -78 - Lake Holiday Country Club, Inc. - Gainesboro
006 -78 - Edward T. & Carol B. Place - Gainesboro
009 -78 - Joseph A. Helsley - Gainesboro
010 -78 - Charles J. Lizer - Gainesboro
012 -78 - Ronald W. & Denise M. Smith - Gainesboro
014 -78 - Marcus W. Reid - Stonewall
015 -78 - Anton B. Papierniak - Back Creek
017 -78 - Frederick Co. Fair Assoc. - Stonewall
018 -78 - Francis & Helen Kowalski - Back Creek
019 -78 - Linwood Heironimus - Stonewall
023 -78 - Charles W. Bush - Shawnee
003 -79 - Union Hall - Stonewall
004 -79 - Eston L. Keeler - Stonewall
005 -79 - Eston L. Keeler - Stonewall
Five Year Time Limit
070 -76 - Dowling Co., Inc. - Shawnee
071 -76 - Phillip L. Williams - Stonewall
RENEWAL OF CONDITIONAL USE PERMITS - WITH NO TIME LIMITS -
REQUIRING ONLY REVIEW AND/OR RENEWAL - APPROVED
Upon motion made by Kenneth Y. Stiles and seconded by
William H. Baker and passed unanimously, the Board of
Supervisors of the County of Frederick, Virginia, does herein
approve the following renewal of Conditional Use Permits with no
time limit, requiring only review and /or renewal:
No Time Limits
009 -79 - Richard & Merle Kerns - Gainesboro
015 -79 - Loring R. Nail - Back Creek
018 -79 - Arthur H. & Dorothy Fulton - Opequon
019 -79 - Winchester Rendering Company - Gainesboro
022 -79 - Oil Heat and Burner Service - Stonewall
024 -79 - Dr. Robert Kapp - Shawnee
025 -79 - Powlen Equip. Co. - Shawnee
Annually Renew and Review
011 -79 - Ervin & Margie Nates - Shawnee
004 -80 - Ernest C. Layman - Opequon
005 -80 - Robert & Betty Kerns - Gainesboro
288
006 -80 - Roger D. Weaver - Stonewall
008 -80 - Melvin E. Nail - Back Creek
021 -80 - Ralph W. Poe - Back Creek
Two Year Time Limit
020 -79 - Angelo Funkhouser - Stonewall
Three Year Time Limit
017 -79 - Denny's Inc. - Stonewall
010 -80 - Ralph & Veronica Machotka - Back Creek
014 -80 - John M. and Shirley D. Klein - Back Creek
015 -80 - Judith S. Ware - Stonewall
025 -80 - Robert S. Hawkins - Back Creek
Five Year Time Limit
002 -80
- Roadway
Express
- Back Creek
020 -80
- M. Lucy
Luttrell
& Ruth A. Whetzel - Opequon
022 -80
- Thomas &
Barbara
Conrad - Opequon
024 -80
- Lawrence
Johnson
- Opequon
CONDITIONAL USE PERMITS - ADVERTISED FOR RENEWAL
CUP - DAVID G. GRIM - # 010 -79 - STONEWALL MAGISTERIAL
DISTRICT - APPROVED
Upon motion made by Kenneth Y. Stiles and seconded by Will
L. Owings and passed unanimously, the Board of Supervisors of
the County of Frederick, Virginia, does herein approve the
Conditional Use Permit of David B. Grim, #010 -79, Stonewall
Magisterial District, for five years for a home occupation in an
accessory structure.
CUP - SANDRA & ALBERT POORE - #003 -80 - BACK CREEK
MAGISTERIAL DISTRICT - APPROVED
Upon motion made by William H. Baker and seconded by
Kenneth Y. Stiles and passed unanimously the Board of
Supervisors of the County of Frederick, Virginia, does herein
approve the Conditional Use Permit of Sandra & Albert Poore,
#003 -80, Back Creek Magisterial District, for five years with
annual review for an auto repair garage.
CUP - N. & E. DOVEL - #009 -80 - SHAWNEE MAGISTERIAL
DISTRICT - APPROVED
Upon motion made by R. Thomas Malcolm and seconded by
Kenneth Y. Stiles and passed unanimously the Board of
Supervisors of the County of Frederick, Virginia, does herein
approve the Conditional Use Permit of N & E. Dovel, #009 -80, in
Shawnee Magisterial District, for one year for a dog kennel.
CUP - RALPH POE (OMPS) - #011 -80 - GAINESBORO MAGISTERIAL
DISTRICT - APPROVED
289
Upon motion made by Rhoda W. Maddox and seconded by William
H. Baker and passed unanimously, the Board of Supervisors of the
County of Frederick, Virginia, does herein approve the
Conditional Use Permit of Ralph Poe (Omps), #001 -80, in
Gainesboro Magisterial District, for one year for an off - premise
sign.
CUP - C. JOHN & LINDA A. MARTIN - #012 -80 - GAINESBORO
MAGISTERIAL DISTRICT - APPROVED
Upon motion made by Rhoda W. Maddox and seconded by William
H. Baker and passed unanimously, the Board of Supervisors of the
County of Frederick, Virginia, does herein approve the
Conditional Use Permit of C. John & Linda A. Martin, #012 -80, in
Gainesboro Magisterial District, for a home occupation /gun
dealer and supplies.
CUP - DOYLE E. WHITTINGTON - #013 -80 - GAINESBORO
MAGISTERIAL DISTRICT - APPROVED
Upon motion made by Rhoda W. Maddox and seconded by Kenneth
Y. Stiles and passed unanimously the Board of Supervisors of the
County of Frederick, Virginia, does herein approve the
Conditional Use Permit of Doyle E. Whittington, #013 -80, in
Gainesboro Magisterial District, to re- establish a discontinued
non - conforming use of a major engine repair.
CUP - RICHARD J. SCHERZINGER - #019 -80 - OPEQUON
MAGISTERIAL DISTRICT - APPROVED
Mr. Riley stated that the Planning Commission recommended
that this conditional use permit not be renewed. Mr.
Scherzinger appeared before the Board on behalf of his
conditional use permit request.
Mr. Owings asked Mr. Scherzinger when this permit was
originaly approved, and Mr. Scherzinger replied, December of
1980.
Mr. Riley stated that the Planning Commission was not being
consistent when they approved a home occupation of this nature.
Mr. Tyler Ford appeared before the Board stating that he
was Mr. Scherzinger's neighbor and he had no objections to this
operation.
Mr. Marshall Adams appeared before the Board in opposition
to this request stating that he did not feel an operation of
1•r
this type should be allowed in a subdivision and if the Board
approves this he feels they are setting a precedent.
Mr. Owings asked Mr. Adams if he knew of any violations
that Mr. Scherzinger had committed with his operation.
Mr. Adams stated tht there had been no noise and because of
this he wasn't sure that Mr. Scherzinger was even operating a
business.
Mr. Baker stated that it was this Board that approved the
conditional use permit and he felt there has been no violations
and that the Board should consider this in good faith.
Mr. Stiles stated that he had given this request a lot of
thought, and he did not see how the Board could approve this
request in this type area being zoned as it is. He further
stated that this permit flies in the face of zoning and should
not be allowed in a residential area.
Mr. Owings stated that the permit was approved by the Board
and the fact that we have not received any complaints, he did
not see how the Board could deny this request.
Mr. Stiles stated that if the Board approved this request
for a small engine repair shop, then what recourse would the
Board have not to approve any neighbors of Mr. Scherzinger's
that might make the same request.
Mr. Owings stated that he felt each one would have to be
judged on its own merit.
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 the Conditional Use
Permit request of Richard J. Scherzinger, #019 -80, in Opequon
Magisterial District, for one year to operate a small engine re-
pair shop.
The above resoltuion was passed by the following recorded
vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker,
Rhoda W. Maddox. Nay - R. Thomas Malcolm and Kenneth Y.
Stiles.
CUP - NAOMI F. NELSON - #021 -80 - SHAWNEE MAGISTERIAL
DISTRICT - APPROVED
291
Upon motion made by R. Thomas Malcolm and seconded by
Kenneth Y. Stiles and passed unanimously the Board of
Supervisors of the County of Frederick, Virginia, does herein
approve the Conditional Use Permit of Naomi F. Nelson #021 -80 in
Shawnee Magisterial District for a home occupation /Beauty Shop.
OPINION FROM COMMONWEALTH'S ATTORNEY LAWRENCE AMBROGI -
RE: RENEWAL OF USE PERMITS
Mr. Riley stated that correspondence had been received from
Commonwealth's Attorney, Lawrence Ambrogi, with regard to
readvertisement of Conditional Use Permits, and he stated in his
opinion it was not necessary.
CUP - JOSEPH GERACI - #003 -81 - OPEQUON MAGISTERIAL
DISTRICT FOR A WINERY - APPROVED
Mr. Riley presented this request and stated that all
reviewing agencies had given their approval.
Upon motion made by Will L. Owings and seconded by Kenneth
Y. Stiles and passed unanimously the Board of Supervisors of the
County of Frederick, Virginia, does herein approve the
Conditional Use Permit #003 -81 of Joseph Geraci in Opequon
Magisterial District for a winery.
CUP - ERNESTINE HOOVER - #006 -81 - BACK CREEK MAGISTERIAL
DISTRICT - FOR RE- ESTABLISHING A NON - CONFORMING USE -
T nnnP1Wvn
Mr. Riley presented this request and stated that all
reviewing agencies had given their approval.
Upon motion made by William H. Baker and seconded by Rhoda
W. Maddox and passed unanimously the Board of Supervisors of the
County of Frederick, Virginia, does herein approve the
Conditional Use Permit of Ernestine Hoover #006 -81 in Back Creek
Magisterial District for re- establishing a non - conforming use,
which will consist of using an existing building as a sewing
alteration center and a portion of the parking lot as a seasonal
flea market.
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER
21, ZONING, ADOPTED JULY 12, 1978, TO AMEND ARTICLE XV -1
SECTION 21- 132.2(b) AND TO AMEND BY THE ADDITION TO ARTI
III. SECTION 21 -16(w) AND ARTICLE IV, SECTION 21 -26(v) -
Mr. Riley stated that this ordinance amendment is being
requested due to Amoco Oil Company exploring for natural gas off
Route 692 in Gainesboro Magisterial District.
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�9�_
He further stated that Amoco Oil had filed all appropriate
plans and bonds with the Bureau of Mines in Big Stone Gap, but
that the Bureau of Mines had failed to notify the local
government regarding this permit.
Mr. Riley recommended that the Frederick County Zoning
Ordinance be amended to allow for the exploration of natural gas
and oil as a permitted use, provided that the appropriate bonds
have been posted with the Bureau of Mines and that Erosion and
Sedimentation and Reclamation Plans be submitted for review and
approval by the Frederick County Planning Commission.
Upon motion made by Kenneth Y. Stiles and seconded by
William H. Baker and passed unanimously 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 XV -1,
SECTION 21- 132.2(b) AND TO AMEND BY THE ADDITION TO ARTICLE
III, SECTION 21 -16(w) AND ARTICLE IV, SECTION 21 -26(y) AS
FOLLOWS:
Article III, Section 2 1 -16(w) and Article IV, Section
21-26(y) - Oil and Natural Gas Exploration: Provided the
requirements as outlined under Title 45.1, Chapter 12 (Oil
and Gas) of the Code of Virginia, 1950, as amended have
been satisfied and the Planning Commission has reviewed and
approved the Site Plan and Erosion and Sedimentation
Control Plan. Approval shall be for ninety days with
subsequent renewals being approved by the Planning
Commission. If a resource is discovered and extraction of
the resource is anticipated, the applicant shall file with
Administrator an applciation for rezoning.
Article XV -1, Section 21- 132.2(b) - Oil and natural gas
extraction and or pumping, providing 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.
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER
21, ZONING ADOPTED JULY 12, 1978, TO AMEND ARTICLE III,
SECTION 21 -16(y) BY THE ADDITION OF (9) AND ARTICLE IV,
SECTION 2 1 - 26(x) BY THE ADDITION OF (21) - APPROVED
Mr. Riley stated that this proposed change to the Frederick
County Zoning Ordinance is being requested by the Benevolent and
Protective Order of the Elks in order to allow lodges in an
agricultural zone with a Conditional Use Permit.
Mr. Lee Ebert appeared before the Board on behalf of this
request.
293
Upon motion made by William H. Baker and seconded by
Kenneth Y. Stiles and passed unanimously 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 III,
SECTION 21 -16(v) BY THE ADDITION OF (9) AND ARTICLE IV,
SECTION 21 -26(x) BY THE ADDITION OF (2) as follows:
I Section 21- 16(v)(9) - Nationally chartered fraternal lodges
and civic clubs and their related club facilities.
Section 21- 26(x)(21) - Nationally chartered fraternal
lodges and civic clubs and their related club
facilities.
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER
21, ZONING, ADOPTED JULY, 1978, TO AMEND ARTICLE I, BY THE
ADDITION OF SECTION 21 -7.1, EXCEPTIONS TO HEIGHT
LATIONS -
Mr. Riley stated that the purpose of this proposed change
to the Frederick County Zoning Ordinance is to reference
exceptions to height regulations, as this article was not
included in the ordinance when the industrial sections of the
ordinance were amended.
Upon motion made by William H. Baker and seconded by
Kenneth Y. Stiles and passed unanimously the Board of
t 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, 1978, TO AMEND ARTICLE I, BY THE
ADDITION OF SECTION 21 -7.1, EXCEPTIONS TO HEIGHT
REGULATIONS AS FOLLOWS:
Section 21 -7.1 - Exceptions to Height Regulations
All exceptions to the height regulations, in any district,
shall be approved by the Administrator. Church towers,
chimneys, flues, cooling towers, unoccupied industrial
structures, cupolas, belfires, flag poles, radio and
communication towers, television antenna and radio aerials,
windmills, (pumping and electrical generations), and solar
energy collectors and equipment used for the mounting or
operation of such collectors are exempt for structure
height limitations. Parapet walls may be up to four (4)
feet above the height limitations, these structures shall
not, where practicable, significantly impair solar access
of buildings or solar collectors, or endanger adjacent
properties.
PROPOSAL FOR ELDERLY HOUSING UNITS IN FREDERICK COUNTY -
DISCUSSED
Mr. Ronnie Ward, representing Mr. J. P. Darlington, along
with Mr. Don Tucker, President of the ECO Corporation from
M
Reston, Virginia, appeared before the Board with regard to this
proposal.
Mr. Ward stated that he is seeking an informal show of
support for this proposal in order to determine the feasibility
of pursuing financing through the Virginia Housing Development
Authority.
He further stated that there is funding available in this
quarter for one hundred units of elderly housing, but that a
number of localities are competing for this funding and a show
of
support from the Board of Supervisors for this type of housing
would increase the possibility of having this proposal funded in
Frederick County.
Discussion followed with regard to this proposal for
Elderly Housing Units in Frederick County and it was the general
consenus of the Board of Supervisors to endorse this proposal.
BUDGET WORK SESSION
PARKS AND RECREATION DEPARTMENT BUDGET DISCUSSED
The fencing around the ballfield area at Clearbrook Park
was discussed and Mr. Cheely, Director, stated that due to the
liability involved, he felt the new fencing was necessary.
Mr. Stiles stated that he felt the need was there, but he
did not feel the County had $90,000 to spend on this project in
this year's budget.
Mr. Doran, Parks Supervisor, explained to the Board what
his department would like to do at Sherando Park, which
consisted of surfacing the road and parking area as well as
building a comfort station.
Mr. Stiles stated that he felt the road should not be done
this year and that the price of building a comfort station
should be reduced.
Mr. Bob Brown, Parks and Recreation Commission Member,
addressed the Board with regard to the Parks & Recreation budget
stating that the budget is only up 4% from last year, and
furthermore that the Parks & Recreation Commission along with
the staff should have more say over their department's budget.
SHERIFF'S DEPARTMENT
295
REQUEST TO PURCHASE NEW VEHICLES BY THE SHERIFF'S
DEPARTMENT - APPROVED
Upon motion made by Kenneth Y. Stiles and seconded by Rhoda
W. Maddox,
BE IT RESOLVED, By the Frederick County Board of
Supervisors that the Sheriff of Frederick County is hereby
authorized to purchase seven automobiles from Poquoson Motors,
Inc., at a total cost of $51,664.00; and,
BE IT FURTHER RESOLVED, That an appropriation transfer is
hereby authorized from current operational transfers to the Law
Enforcement budget in the amount of $51,644.00 and a like amount
be deleted from the 1981 -82 Law Enforcement and Courts budget.
The above resoltuion 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. Stiles stated that he felt the budget could be reduced,
which would mean a tax increase of 7 cents rather than 14
cents.
PARKS & RECREATION - SHERANDO PARK
Mrs. Maddox stated that she felt the road going to the
parking area is all that should be surfaced at this time, which
would be a savings of $22,000.
Mr. Owings stated that he felt the comfort station should
be put out for bid and that this bid could not go over $42,000.
CLEARBROOK PARK
Mr. Koontz, Mr. Owings and Mr. Malcolm stated that they
felt the fencing should be done, in house, at Clearbrook Park.
Mrs. Maddox, Mr. Stiles and Mr. Baker did not agree that
the funds should be spent for the fencing project.
SHERIFF'S DEPARTMENT
Mr. Stiles stated that he felt that another investigator
position should be added to the Commonwealth's Attorney's
Office. Mr. Owings concurred with this.
Mrs. Maddox stated that she feels the salaries of all the
deputies need to be studied and upgraded. The question of where
this extra money would come from was discussed.
t BOARD RETIRES INTO EXECUTIVE SESSION
296
Upon motion made by R. Thomas Malcolm and seconded by
William H. Baker and passed unanimously, the Board retired into
Executive Session, in accordance with Section 2.1 -344,
Subsection (a)(1), to discuss Personnel.
BOARD WITHDRAWS FROM EXECUTIVE SESSION
Upon motion made by Kenneth Y. Stiles, seconded by William
H. Baker and passed unanimously, the Board withdrew from
Executive Session.
BOARD RECONVENES INTO REGULAR SESSION
Upon motion made by Kenneth Y. Stiles and seconded by
William H. Baker and passed unanimously, the Board reconvened
into Regular Session.
HANDLEY LIBRARY AGREEMENT - APPROVED
Upon motion made by Rhoda W. Maddox and seconded by Kenneth
Y. Stiles and passed unanimously the Board of Supervisors of the
County of Frederick, Virginia, does herein approve the Handley
Library Agreement.
AGREEMENT
WHEREAS, the Board of Supervisors of Frederick County,
Virginia and the Common Council of the City of Winchester,
Virginia established a regional library embracing the County of
Frederick and the City of Winchester by an agreement dated
August 14, 1979; and,
WHEREAS, the agreement directs the Handley Library Board
(Regional) to assess the operational costs of the Library to
each political subdivision, but no formula is given for
determining the amount to be assessed against each government;
and,
WHEREAS, it was the intent to both parties to review the
regional Library operation within two (2) years of the initial
agreement for the purpose of establishing a specific formula for
determining the contributions of both governments; and,
WHEREAS, the contribution formula used by other regional
libraries in Virginia and the formula recommended by the
Virginia State Library is based on usage; and,
WHEREAS, after much review and discussion, the Handley
Library Board (Regional) also recommended a contribution formula
based on usage.
NOW, THEREFORE, WITNESSETH: this day of
, 19 , the County of Frederick, Virginia and the
City of Winchester, Virginia agree and contract between
themselves as follows:
1. The operational budget of the Handley Library
(Regional) shall still be submitted annually to each of the
political subdivisions of the Regional Library for approval by
the City and County jointly in conformance with the standards of
the Virginia State Library.
2. The proportionate share of the budget to be borne by
each political subdivision shall be the same as each political
subdivision residents' proportionate share of the total usage
29r
of the Handley Library.
3. To provide sufficient time to select the method of
determining usage and to consider the possible inclusion of
Clarke County in the regional Library, the two political
subdivisions agree that the budget as finally approved by both
of the political subdivisions for the fiscal year beginning July
1, 1981 shall be apportioned, sixty per cent (60 %) to the City
of Winchester and forty per cent (40%) to the County of
Frederick.
WITNESS the following signatures and seals duly authorized
by the respective governing bodies of the City of Winchester on
-- the day of , 19 and of the County
of Frederick on the day of i 19_,
affixed upon duplicate copies hereof:
CITY OF WINCHESTER
ATTESTING SEAL:
By
Clerk of Council
By
Wendell L. Seldon
City Manager
BOARD OF SUPERVISORS FOR
FREDERICK COUNTY
By
S. Roger Koontz
Chairman
ATTESTING SEAL:
CoTmy Administrator
Reviewed and approved this
19
day of
HANDLEY LIBRARY BOARD
By
Forrest S. Racey
Chairman
ATTESTING SEAL:
Secretary
UPON MOTION MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS
ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN.
ChgMah, f"aAd of" S ery s' s
r
5,1-6rk, Board of Supervisors