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May 27, 1981 Regular Meeting290' A Regular Meeting of the Frederick County Board of Super- visors was held on May 27, 1981, at 7:00 P.M., in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia, PRESENT: S. Roger Koontz, Chairman; Will L. Owings, Vice- Chairman; Rhoda W. Maddox; R. Thomas Malcolm and Kenneth Y. Stiles. ABSENT: William H. Baker CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by the Reverend Wayne Schoonover of the Grace Bible Fellowship Church. ADOPTION OF THE AGENDA Mr. Owings stated that he had a matter that he would like to discuss with the Board and request that a letter be sent con- cerning this matter. Mrs. Maddox stated that she would like to request that a congratulatory letter be sent from the Board. Mr. Malcolm stated that he would like to bring the board up -to -date on the Judicial Center Project, especially the park- ing facility. Upon motion made by Will L. Owings and seconded by R. Thomas Malcolm and passed unanimously, the agenda was adopted as amended. LETTER TO BE SENT TO CHESSIE SYSTEM WITH REGARD TO CROSSING AT 627 IN MIDDLETOWN - APPROVED Mr. Owings stated that the Chessie System has repaired the crossing at 627 in Middletown, but in doing so they had left a hole in the street, and that in discussing this with Mr. King, of the Highway Department, he had suggested that maybe a letter from the Board of Supervisors would help get this repair taken care of in a more expedient manner. 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 request that a letter be sent ing t to be Middl vote: R. TY Y. St Count of cc Jame: Flori recer Judi( meet: had < sole does Y. S Coun the i Malc stra the Park t L. C Cour 299 by the County Administrator to the Chessie System request - hat prompt attention be given to the repair work that needs done by their company at the crossing of 627 in etown. The above resolution was passed by the following recorded Aye - S. Roger Koontz, Will L. Owings, Rhoda W. Maddox, omas Malcolm and Kenneth Y. Stiles. LETTERS OF CONGRATULATIONS TO BE SENT TO THE JAMES WOOD HIGH SCHOOL BAND AND CONCERT CHOIR FOR THE RECENT AWARDS THAT THEY HAVE RECEIVED - APPROVED Upon motion made by Rhoda W. Maddox and seconded by Kenneth iles and passed unanimously the Board of Supervisors of the y of Frederick, Virginia, does herein request that letters ngratulations be sent by the County Administrator to the Wood High School Band for their recent honors while in da, and to the James Wood High School Choir for their .t honors while in Canada. SCALE MODEL OF THE JUDICIAL CENTER AND THE PARKING FACILITY ARE DISCUSSED AND EXPLAINED TO THE BOARD BY R. THOMAS MALCOLM - APPROVED Mr. Malcolm described to the Board the scale model of the !ial Center as well as the parking facilities and that a .ng had been held on May 22nd and all the committee members Indorsed what had been done up to this point. Mr. Malcolm did point out that the parking garage is being _y paid for by the City of Winchester and that the County not have any monies in this structure. Upon motion made by Will L. Owings and seconded by Kenneth riles and passed unanimously the Board of Supervisors of the -y of Frederick, Virginia, does herein endorse the plans of Judicial Center and Parking Garage as presented by Mr. )lm and request that a letter be sent by the County Admini- for to the City Manager, Wendell Seldon, letting him know of Board's endorsement of this concept of the Judicial Center & ing Garage. FIRST REGULAR BOARD MEETING IN JUNE CHANGED FROM JUNE 10TH TO JUNE 11TH DUE TO GRADUATIONS AT LOCAL HIGH SCHOOLS - APPROVED Upon motion made by Kenneth Y. Stiles and seconded by Will wings and passed unanimously the Board of Supervisors of the ty of Frederick, Virginia, does herein approve the changing 3 ©3 of the first regular board meeting in June from the 10th to the 11th. HANDLEY LIBRARY AGREEMENT AND LETTER - APPROVED Mr. Harry Benham, III, and Dr. Forrest Racey appeared before the Board on behalf of the Handley Library Board. Mr. Benham stated that this amended agreement was being presented to the Board for their approval, as this had to be done in order to include Clarke County in this agreement. Mr. Malcolm stated that he had a question with regard to item #10 of the agreement which stated "Every budget shall exceed the standards set by the Virginia State Library Board." He further stated that depending on how an individual would interpret the word "exceed" as to how this might be construed by each jurisdiction. Discussion followd as to what could be done about this, inasmuch as there was not much time left. Mr. Stiles stated tht he realized there was a time element that needed to be considered with regard to this, but he did not feel this could be approved just because of the time element involved. Mr. Malcolm stated that he would support the Board, but that he does not agree with how the last sentence of #10 is worded. 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 Handley Library Agreement with the stipulation that the last sentence of item #10 be struck. Dr. Racey stated that the City of Winchester had already approved the agreement as it was, and that Clarke County was to approve it at their meeting the next day, and that this agree- ment had to be in Richmond in two days in order for them to receive state approval. Mr. Malcolm withdrew his motion and Mr. Stiles withdrew his second to the motion. 301 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 approve the Handley Library Agreement and does request that a letter be sent to the City of Winchester and the County of Clarke by the County Administrator expressing their concern with the wording of the last sentence of item #10 which states, "Every budget shall exceed the standards set by the Virginia State Library Board ", and request that these participating jurisdictions consider eliminating this sentence from the agreement. Although the board recognized that there is a minimum requirement for local funding in order to be eligible for state support, the Board feels that the language of this sentence is unnecessarily limiting and would have the effect of unnecessary legislative descretion. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. FINANCE DIRECTOR AUTHORIZED TO MAKE TEMPORARY CASH TRnUgFFRq FRnM CF.NRRAT. nPRRATING FUND SURPLUS TO LANDFILL Upon motion made by Will L. Owings and seconded by Rhoda W. Maddox BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does hereby authorize the Finance Director to make temporary cash transfers from General Operating Fund surplus to the Landfill Fund for temporary cash flow pur- poses within the constraints of the established budgets. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. SUBDIVISION REQUEST - C & P MAGISTERIAL DISTRIC - APPR COMPANY - BACK Mr. Riley presented this subdivision request and stated that the Planning Commission unanimously recommends approval of the request. Upon motion made by Kenneth Y. Stiles and seconded by R. Thomas Malcolm, 302 BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the subdivision request of C &P Telephone Company for a .5 acre tract for the purpose of constructing a telephone relay station (586 square foot structure and receiving dish). The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. RIDGEFIELD SECTION II - REQUEST FOR BOND REDUCTION - APPROVED Mr. Riley stated that Mr. Harry Stimpson was requesting a reduction in the bond for Ridgefield Subdivision, Section II. The bond is currently $288,682.19 and it is being requested that it be reduced by $135,000.00, leaving a balance of $153,682.19. Mr. Riley further stated that the Department of Highways and Transportation had reviewed this request and has indicated that there are sufficient funds remaining to complete the work. 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 bond reduction request of Ridgefield Section II in the amount of $135,000. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. I C erk, Board of Supervisors