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October 14, 1981 Regular Meeting4251 A Regular Meeting of the Frederick County Board of Supervisors was held on October 14, 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; William H. Baker; Rhoda W. Maddox; R. Thomas Malcolm and Kenneth Y. Stiles. City of Winchester Charles Zuckerman, Mayor; William Mote; Charles Pine; George Garber; Dick Kern; Tommy Kremer; Jim Wilkins, Jr.; William Shendow and Elizabeth Minor. Planning Commission Langdon Gordon; Frank Brumback; Jim Golladay; French Kirk; Domenic Palumbo and Lynn Myers. Frederick - Winchester Service Authority C. Robert Solenberger; Wendell Seldon; Jim White; Wellington Jones and Jay Givens. Sanitation Authority James Diehl; G. W. Borden and Allen Jobe. State Water Control Board E. R. Simmons; L. P3. Simmons; Jim Hensley and Rick Fauley. Camp, Dresser, McKee Jack Rattray and Jonathan Curtis. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by the Reverend Malcolm Lerch of the Stephens City Lutheran Church. ADOPTION OF AGENDA Mr. Stiles stated that he had two items of correspondence that he would like to discuss with the Board. Upon motion made by William H. Baker, seconded by R. Thomas Malcolm and passed unanimously, the agenda was adopted as amended. APPROVAL OF MINUTES Mr. Malcolm requested the following correction in the Board minutes of September 23, 1981: Page 2, with reference to the appointment of the at -large member to the Planning Commission, it should be stated that he did talk with Mr. Light by phone. Mr. Stiles requested the following correction: Mr. "Leight" should be spelled "Light ". Upon motion made by R. Thomas Malcolm, seconded by Kenneth Y. Stiles and passed unanimously, the minutes of the Board of Supervisors Meeting of September 23, 1981 were approved as amended. 426 WORKSESSION WITH BOARD OF SUPERVISORS, CITY OF WINCHESTER FREDERICK- WINCHESTER SERVICE AUTHORITY AND PLANNING COMMISSION - DISCUSSION OF REGIONAL SEWER PLANT Mr. Koontz welcomed everyone to the meeting and recognized all officials in attendance. Mr. Solenberger, Chairman of the Frederick - Winchester Service Authority, stated that this was not a public hearing and he would like to ask Mr. Givens, of the City and Mr. Jones, of the County, to give a brief background synopsis concerning the history of sewage treatment in both the County and City. In summation Mr. Jones and Mr. Givens submitted the following information concerning the status of the regional plant at present: Congress passed PL96 -403 which repeals the industrial cost recovery (ICR provisions) . Senator Robert Stafford (R -VT) got through an amendment which introduced new legislation known as industrial cost exclusion (ICE). Essentially this legislation prohibited the use of federal funds for that portion of treatment capacity attributable to industrial flow. The introduction of ICE has added approximately 2.5 million to the local cost of regional facilities and the Frederick - Winchester Service Authority has voted that this additional cost must be paid by affected industry. The adoption of ICE has forced industry to reevaluate their participation in the regional plant. Present indications are strong that they will not participate in the regional wastewater facility and will instead opt for land application as a form of self treatment. The State Water Control Board and EPA, realizing the significant implications of ICE, agreed in July, 1981 to allow the Frederick - Winchester Service Authority to submit a Step II design application for a reduced flow wastewater facility. It was however, stipulated that the various fruit processing industry must make a committment by January 1, 1982 on whether they plan to participate in the regional facility. It was further stipulated that prior to final design, the Frederick - Winchester Service Authority would perform an optimization investigation consisting of evaluating the waste load without the fruit processing waste; and evaluation of process at the regional site versus upgrading the existing City and County facilities. The optimization study does not include a reevaluation of flow service areas, for population projections as these areas fall under facilities planning. The plan will only provide information pertaining to whether a new facility or upgraded facilities will be designed should industry pull out of the regional system. On October 6, 1981 the Frederick - Winchester Service Authority was advised that EPA had approved a Step II- Design Grant in the amount of $1,682,850.00 (Total design costs are $2,058,058.00). Once formal notification of the grant is received the Frederick - Winchester Service Authority will have 21 days in which to accept the award. Acceptance of the award will permit Board movement towards solving the wastewater problems of the area as required by City and County consent orders with the State Water Control Board. Financially, the local share of the design costs will be $405,200.00, 50$ of which ($187,604.00) will be advanced by the City. Presently the Frederick - Winchester Service Authority has approximately $140,000.00 available plus a reimbursement of $71,000.00 from the EPA for Step I work still to be received. The above monies, ($211,000.00) means a local share of $164,208.00 still must be advanced (City: $82,104.00). Mr. Larry Simmons, State Water Control Board, stated that the State Water Control Board had developed a consent special order which provided interim effluent standards under Grant funds available and pursuant to this the City and County have interim permits capable of being by the plants but they are not meeting stream standards. Mr. Jack Rattray of Camp, Dresser, McKee, stated that at present it looks as if participation of all the apple industries is unlikely and at the present design had been done with the apple processors included, thus if the processors pull out, this will bring change in flow, thus calling for a change in design of the plant. He further stated that it was his belief that there would be a 50 -50 chance of the two existing plants being upgraded if in fact the apple processors decided to pull out. He further stated there would be no proceeding on final design until (a) the optimization study is complete and (b) there is final resolution of the question of whether or not the apple industries will participate. He further stated that the grant offer as it is currently made through the authority is based on Step II Grant funding with a minimum of 75% federal funding, with the actual level of funding pending on what final processing recommends as we have qualified for innovative alternative funding, and that the processors currently conceive some of the design will be eligible for 85% funding. Mr. Rattray noted that one of the requirements of the Grant Program is that a value engineering effort be undertaken during the development of the final design. He further stated that a one week workshop should take place, which would consist of a group of experts, not involved in the design of the 428 facilities, who would do an in -depth study of the proposed design and look at where there may be elements of that design with significant cost savings. He further stated that Camp, Dresser, McKee would prefer that this be undertaken by another firm other than themselves. Mr. Wellington Jones presented the following funding report: $154,000.00 to the Frederick - Winchester Service Authority for the facilities plan, $75,000.00 has been used to date; $140,800.00 cash on hand by the Frederick - Winchester Service Authority, $91,000.00 still due; $405,200.00 share of design cost; $173,400.00 net need; $85,000.00 cost per jurisdiction; $3,000.00; this is not included in total cost, it is for land aquisition. He stated that the Service Authority would like to have a reply to EPA by November 13th. Mr. Palumbo, Planning Commission member, stated that he was concerned about the allowance for industrial growth. Mr. Malcolm asked if it is determined that regional is the way to go and for some reason we do not go regional, what implication does that have on the body that decides not to go regional as far as further funding, further cooperation is concerned. Mr. Ernie Simmons stated that they will look at the most cost effective alternative. If you do not accept the money that is offered to implement that alternative, then it is left up to them to decide what they wish to do, basically at that time. Mr. Malcolm stated that any subsequent requests would not be looked upon too favorably by the State Water Control Board. Mr. Simmons replied, essentially, that is what we are saying right now. Mr. Rattray stated that the grant would have to be approved before the optimization study could begin and this study would be completed in 90 days. Mr. Stiles stated that what you are essentially saying is that we have to buy it first and then find out what we bought after it has been paid for. Mr. Rattray stated that, yes and no. You have to accept the grant in order to proceed with the optimization study and you can stop the proceedings at the end of the optimization study if you so desire. Mr. Stiles inquired as to how much money was in the current fiscal year federal budget for construction of sewer plants. Mr. Simmons replied, zero. Mr. Malcolm inquired as to how many times the Stream Standards have changed in the last 10 years. Mr. Simmons replied that the water quality standards have not changed per se. Mr. Malcolm stated this means that in the process of deliberations in working with the State Water Control Board they have been working with different sets of figures in the course of this operation. Mr. Simmons replied there had only been one instance of change in the effluent. Mr. Givens stated that according to his records there were two, one being in 1973 and the other when the update was done. Mr. Stiles referred to a GAO study that had been conducted on May 30, 1980 on EPA funding and its effectiveness. He further stated that there were a number of questions that had not been answered here tonight. Mr. Solenberger suggested to Mr. Stiles that he put these questions in writing and submit them to Mr. Jones and the Frederick- Winchester Service Authority would try and answer them. Mr. Jim Golladay inquired about the population growth that Camp, Dresser, McKee had for Gainesboro and Back Creek Districts in the latest facilities update for the year 1985. Mr. Stiles inquired as to whether Senator Warner's Office should be contacted about conducting a GAO study for this regional project. Mr. Delmar Robinson stated that he felt another firm, other than Camp, Dresser, McKee, should do the optimization study. Mr. Givens stated that he was concerned about the delays that may be caused in hiring an alternate firm. Mr. Robinson stated that it appears to him to be a conflict of interest if Camp, Dresser, McKee is retained to do the optimization study. It was the general consenus that there would be no additional information available by the next Board of Supervisors Meeting, thus the Board had no objections in asking for an extension from EPA. Recess. AT -LARGE MEMBER ON THE PLANNING COMMISSION TO BE DISCUSSED IN EXECUTIVE SESSION 430 Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, the At -Large appointment to the Planning Commission will be discussed following Executive Session. JUDICIAL CENTER STATUS REPORT Mr. Malcolm stated that the brick and mortar to be used in both the Parking Garage and the Judicial Center had been decided upon. He further stated that all the users had been asked to respond to what the architects had worked up and there would be a meeting next week to finalize action on the final space study. He further stated that the project would be ready for bidding by late winter or early spring from the status of the project at this time. Mr. Stiles requested that the following letter be referred to the Finance Committee for review and that it be made a part of the minutes of this meeting: October 3, 1981 Dear Kenneth, I feel the Board of Supervisors should restudy the notion of a Privilege License arrangement. This is the fairest tax I can think of for doing business in the County. The Merchants Capital Tax is grossly unfair. In the antique business we have high inventory items that sit around for two to four years at 4% each year. By the time it is sold, in some cases, the profit is gone. Last year we had a net loss of over $2,000 but the Merchants Capital arrangement took no notice of this at all. In checking around I find we are paying more than businesses grossing up toward a million dollars a year - that ain't right. I got a kick out of those Doctors and Dentists at the Supervisors meeting, crying tears as big as horse turds. I know they are hurting trying to stay in business in Frederick County. A Privilege License would be easier to enforce, fair to everyone and raise more money. We are seriously thinking of quitting the piddling business we're in because we can't afford the burden the County puts on us. Thanks /s/ C. G. Romine C. G. Romine BOARD INVITED TO RECEPTION FOR DR. BEVILACQUA Mr. Stiles stated that the Board was invited to a reception on October 21, 1981 for Dr. Bevilacqua, of the State Mental Health and Mental Retardation Department, at Dr. Martin Mayfield's home in Millwood. CUP #014 -81 - WILLIAM D. AND CHARLOTTE A. PAYNE - OPEQUON MAGISTERIAL DISTRICT - APPROVED 431 Mr. Horne presented this conditional use permit request and stated that the Planning Commission recommended approval with conditions. Mr. Baker asked Mr. Payne if he could live with the hours of operation inasmuch as it was stated in one of the conditions that it would be daylight hours. After discussion it was decided that the hours of operation would be from 8 til 5 and Mr. Payne concurred with this. Upon motion made by Will L. Owings, 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 #014 -81 of William D. and Charlotte A. Payne, Rt. 1, Box 77, White Post, Virginia, requesting a home occupation for a small engine repair shop in an existing garage. This property is designated as parcel 8 -7 -12 and 3 -7 -12 on Tax Map 94A -1, in Opequon Magisterial District. CUP #013 -81 - PATRICIA A. ABBOT - BACK CREEK MAGISTERIAL DISTRICT - APPROVED Mr. Horne presented this conditional use permit request and stated that the Planning Commission recommended approval with conditions. Upon motion made by William H. Baker, 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 #013 -81 of Patricia A. Abbot, Box 217 -C, hit. Falls Rt., Winchester, Virginia, requesting a home occupation for a beauty shop. This property is designated as Parcel 51 on Tax Map 40, in the Back Creek Magisterial District. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, ADOPTED JULY 12, 1978 TO AMEND ARTICLE XI, SECTION 21 -103 BY THE ADDITION OF (i) AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING ADOPTED JULY 12, 1978, TO AMEND ARTICLE X11, SEC TION 109 BY ADDITION OF (k) - APPROVED Mr. Horne presented this ordinance request stating that his office had received a request from Mrs. Michele R. Gaudin to amend the B -2 Zoning regulation to allow accessory residential uses in this zoning district. The specific need of the applicant is in regard to hors. Gaudin's restaurant, Michele's, (on Route 522 North), and the propriotors need to convert part of the structure to a small apartment. The Planning Commission by unanimous vote at their meeting on September 16, 1981 recommended these ordinance changes. The ordinance amendments will not only change the B -2 regulations but also the B -1 regulations to allow accessory residential uses. 432 Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, the Board of Supervisors of the County of Frederick, Virginia, does herein approve the two following ordinances: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, ADOPTED JULY 12, 1978, TO AMEND ARTICLE XI, SECTION 21 -103 BY THE ADDITION OF (i). (i) Accessory residential uses which are within the principle structure and are to be used solely by the owner and /or operator of the principle commercial use. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, ADOPTED JULY 12, 1978 TO AMEND ARTICLE XI1, SECTION 109 BY THE ADDITION OF (k). (k) Accessory residential uses which are within the principle structure and are to be used solely by the owner and /or operator of the principle commerical use. RIDGEFIELD SUBDIVISION, SECTION II - REDUCTION OF CONSTRUCTION BOND - APPROVED Mr. Horne stated that the Virginia Department of Highways and Transportation and the Frederick County Sanitation Authority had informed his office that all construction in Ridgefield, Section II has been completed satisfactorily, and that Mr. King of the Highway Department has suggested the reduction of this bond from $153,682.19 to $7,500.00 which would cover any incidental repairs that may be needed due to continued construction activity. Upon motion made by Will L. Owings, seconded by R. Thomas Malcolm and passed unanimously, the Board of Supervisors of the County of Frederick, Virginia, does herein approve the reduction of construction bond for Ridgefield Subdivision, Section II to $7,500.00. CAPITAL IMPROVEMENTS PROGRAM - APPROVED Mr. Horne stated that the Capital Improvements Committee reviewed the proposals for the conduct of a Capital Improvements Program from consulting firms. The Committee noted that 12 firms had been reviewed for possible consideration. He further stated that the Committee reviewed the proposals based on the stated comprehension of the project by the consultant, experience in capital project development, experience in local government finance, relationship of the man hours estimated to complete the various phases of the project, relationship of the fee to the estimated work effort. He stated that the Committee unanimously recommends that the proposal of Robinson, Farmer, Cox Associates be accepted and that a budget allowance of $15,000.00 be established for this project. 433 Mrs. Maddox stated that she felt this data was available locally and that this could be done in our Data Processing Department. Mr. Stiles stated that part of the reason this was necessary was due to the fact that there had never been a capital improvements plan before and after this work is completed and updating is necessary, it would not be necessary to hire an outside consultant, as the background information would already be available, which means that every year it would only be necessary for the program to be updated pending on the events of that year. He further stated that in his time on the Board he did not feel that he had ever voted on any study that would provide more valuable information, at less cost, than this proposed study. 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 CIP proposal as submitted by Robinson, Farmer, Cox Associates. The above resolution was passed by the following recorded vote: Aye - Will L. Owings, R. Thomas Malcolm, William H. Baker and Kenneth Y. Stiles. Nay - S. Roger Koontz and Rhoda W. Maddox. LAW ENFORCEMENT AND COURTS COMMITTEE REPORT AND RECOMMENDATIONS Mrs. Maddox presented the following Committee report and recommendations: The Law Enforcement and Courts Committee met on October 5, 1981. Present were Mrs. Maddox and Mr. Stiles. Mr. Coverstone was absent. The Committee makes the following report and recommendations: Compensation for Sheriffs Department Personnel The Committee reviewed a report prepared by the staff regarding proposed changes in the pay schedule for enforcement personnel in the Sheriffs Department. The Committee recommended adoption of the proposals and forwarded them for consideration by the Finance Committee. Reclassification for Administrative Assistant/ Investigator in the Commonwealth's Attorney's Office The Committee reviewed a staff analysis regarding reclassification of the position of Administrative Assistant/ Investigator of the Commonwealth's Attorney's Office. The Committee recommended adoption of the reclassification and forwarded the recommendation to the Finance Committee 434 for consideration. Crime Solvers Request for Contribution The Committee reviewed a request from Crime Solvers for a County donation. The Committee requested a list of contributors to the fund. The Committee believes that fiscal support of the Crime Solvers Program should primarily come from businesses and civic groups in the community. The Committee has no recommendation for contribution at this time and will be studying the Crime Solvers request more thoroughly. Review of Court Services Program by Department of Corrections The Committee received an updated report from Court Services Director, Chuck Poe, regarding the study that had been requested from the Department of Corrections regarding the organization of the Court Services function. The Committee noted that the Department of Corrections report, which had been scheduled for the end of September, has been delayed until the end of October. The Committee received a copy of a report which had been prepared for the Regional Jail Project by the Division of Justice and Crime Prevention. The Committee noted that the diversionary programs which were being conducted by the Division of Court Services can have a significant impact on the demand for Jail space. The Committee noted that Mr. Poe was proceeding with the development of a program for Court ordered victim restitution. The Committee will be continuing to work with representatives of the Department of Corrections and the Division of Justice and Crime Prevention in studying the organizational needs of the Division of Court Services. FINANCE COMMITTEE REPORT AND RECOMMENDATIONS Mr. William Baker presented the following Committee report and recommendations: Request From Sch IV C Grant in the d to Add to the FY82 School Budget a Title 5,869 The Committee reviewed a request from Dr. Michael Morrison for addition of the Federal money to the School budget. Dr. Morrision submitted information pertaining to the proposed program. The Committee noted that the amount involved is 100°% Federal money and recommends approval of the request. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the request from the School Board to add to the FY82 budget a Title IV C Grant in the Amount of $5,869 was approved. 435 Cost of Ridge Campus The Committee met with School Superintendent Melton Wright to discuss the questions that Mr. Stiles had presented to the Finance Committee pertaining to the cost of the Ridge Campus. Dr. Wright noted that much of the information that was requested had been previously reported to the Board by himself, Ralph Shockey or the School Board in various presentations. Dr. Wright noted that the Sanitation Authority hookup fees in the current budget were $10,000 and that there was $20,000 left to pay in the subsequent budgets over the next two fiscal years. Architect fees for the design of outdoor athletic facilities would only be payable when and if the facilities are actually developed. Dr. Wright noted that books are paid out of the textbook fund which are fee supported. He noted that beyond the information that had been previously reported he was unable to give conclusive answers because he did not have the information from the non School Board agencies that had also incurred costs. Mr. Stiles stated that what he was asking for was a summary and a total with reference to the cost of the Ridge Campus. He asked if the matter with Mr. Stratton, the Architect, had been resolved. He further stated that he felt the Board was entitled to the figures he had asked for concerning the total cost of the new school. Mr. Koontz suggested that Mr. Stiles attend the School Board Meeting and present these questions to the School Board for their reply. Progress Report from Yount Hyde & Barbour Regarding Organization of the Treasurer's Office The Committee noted that processing the tax bills via the lock box system is currently underway and has worked well in its initial phases. The Committee discussed with the Treasurer the need for additional part -time help. The Committee acknowledged continuing support for additional help if a formal request were to be forthcoming. The Committee noted that interest income from the repurchase agreements for the months of August and September is as follows: August September F &NI $5349.91 $6630.45 SVNB $1734.58 $3530.47 The Committee also reviewed a detailed report from Yount, Hyde & Barbour regarding certificates of deposit, delinquent taxes and cash transactions by funds. The Committee requested that the County Attorney be 433 asked to proceed as fast as possible to continue collections of delinquent taxes in the Back Creek and Gainesboro Districts. The Committee also discussed the need for office improvements. The Committee reaffirmed its support for upgrading the furnishings of the office to improve the efficiency of operations and the appearance of the office. The Committee noted it is not willing to support at this time requests for improvements to the building since it is anticipated that the Treasurer's Office will be relocated following completion of the Joint Judicial Center. The Committee requested the Consultant and the Treasurer to continue to develop alternatives for furniture layouts. Recommendations of the Law Enforcement and Courts Committee The Committee reviewed the report of the Law Enforcement and Courts Committee pertaining to the recommendations regarding compensation for the Sheriff's Department personnel. The Committee recommends that items 1 through 8 of the Law Enforcement Committee Report and recommendations be approved. The Committee had a long discussion regarding proper structure for incentive pay. The Committee noted the lack of comparability of the proposed incentive payment to compensation offered to School personnel for advanced degrees. The Committee recommends holding action on the incentive plan revisions but that the Board continue to pay incentive pay at the dollar levels that applied before any changes in the pay grades for the Law Enforcement personnel were made. The Committee notes that alternative revisions to the incentive plan schedule should continue to be studied and acted upon subsequent to completion of the merit evaluation program. The Committee also reviewed the recommendation of the Law Enforcement and Courts Comittee pertaining to the reclassification of the Administrative Assistant/ Investigator in the Commonwealth's Attorney's Office. The Committee recommends approval of the Law Enforcement Committee's recommendation for reclassification. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the Board of Supervisors does herein approve the following recommendations: 1. Personnel who enter the law enforcement department, i.e. field personnel (deputies), with no experience and who meet the minimum requirements be assigned at a Range 15, Deputy Trainee. 2. Deputies who have successfully completed their required training and subsequently qualified be assigned a Range 16, Deputy I. 4371 3. Deputies who have completed their training, qualified and have completed one year of service be assigned to Range 17; Deputy II (qualified deputies) could be hired up to the third step on Range 17 base upon experience and qualifications. 4. Sergeants and Lieutenants would be placed on Ranges 19 and 20 respectively. 5. Investigators in virtually every locality contacted were found to be on the same scale as Sergeants. We would recommend that our investigators be assigned to Range 19 to clarify this inequity. 6. The Administrative Assistant would be assigned a Range 21 and the Chief Deputy would be assigned a Range 22. 7. Correctional Officers would be assigned to Range 16, the Assistant Chief Correctional Officer a Range 18 and the Chief Correctional Officer a Range 20. 8. Dispatchers would be assigned a Range 12. 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 approve tabling any action on changing the percentages on incentive pay for Sheriffs Department personnel at this time. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker and R. Thomas Malcolm. Play - Rhoda W. Maddox and Kenneth Y. Stiles; and, BE IT FURTHER RESOLVED, That the Board of Supervisors does herein acknowledge approval of recommendation #9 as follows as a result of a memo sent to the Board dated October 16, 1981 and the subsequent telephone poll conducted on October 23, 1981, Field personnel (i.e. Deputies who carry weapons) would be awarded a supplement of $50.00 per month in lieu of overtime pay. 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. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the Board of Supervisors of the County of Frederick, Virginia, does herein approve the reclassification of the Administrative Assistant/ Investigator in the Commonwealth's Attorney's Office. Request of Parks and Recreation Department The Committee reviewed a memo requesting the utilization of the impact money from Shawnee Disrict for completion of the Frederick Heights facility. The request is for $7,171. The Committee recommends approval of the request. Upon motion made by William H. Baker, seconded by R. Thomas Malcolm and 438 passed unanimously, the Board of Supervisors of the County of Frederick, Virginia, does herein approve the above request. Civil Assessment The Committee reviewed a proposed ordinance imposing an assessment of one (1) dollar upon each civil action filed in the Circuit and General District Courts of Frederick County for the purpose of establishing and maintaining a Law Library. The ordinance draft was prepared by Commonwealth's Attorney, Lawrence Ambrogi. The request for the development of such an ordinance was submitted to the Finance Committee by the Judges of the Circuit Court to defray expenses associated with the development of the Law Library in the Judicial Center. The concept for such an ordinance for the County was endorsed by the Board during the budget cycle but no formal action had been taken adopting the ordinance. The Committee recommends that the ordinance be advertised for public hearing and subsequent approval by the Board of Supervisors as quickly as legally permissabie. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above was approved as stated. Review of CIP Proposals The Committee reviewed copies of the Request for Proposal for the development of a Capital Improvements Program for Frederick County and copies of four proposals that were received from consulting firms. The Committee noted that a detailed review of the proposals was scheduled to be undertaken by the Capital Improvements Committee of the Planning Commission on Wednesday, October 7. A recommendation regarding the selection will be forthcoming from the CIP Committee. (This item was voted on earlier in the Agenda) Year End Report The Committee reviewed the year end report prepared by the Finance Director. The Committee will be continuing to work with Yount, Hyde & Barbour and the Finance Director to develop a series of reports that will provide meaningful management information on a regular basis for the governing body. BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, the Board retired into Executive Session in accordance with Section 2.1 -344, Subsection (a)(1), to discuss personnel matters. BOARD WITHDRAWS FROM EXECUTIVE SESSION 43 91 Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, the Board reconvened into Regular Session. L M. MCDONALD APPOINTED TO FREDERICK COUNTY PLANNING MISSION AS AT -LAR MEMBER - APPROVED Upon motion made by Rhoda W. Maddox, seconded by Kenneth Y. Stiles and passed unanimously, the Board of Supervisors of the County of Frederick, Virginia, does herein appoint Carl Melvin McDonald to the Frederick County Plannning Commission as an At -Large member for a four year term, said term to commence on November 1, 1981 and terminate on October 31, 1985. Mr. Malcolm requested that the Finance Committee consider disabled Veterans being eligible for free County stickers. FIRST MEETING IN NOVEMBER SCHEDULED FOR NOVEMBER 10TH, 1981 Upon motion made by R. Thomas Malcolm, seconded by Kenneth Y. Stiles and passed unanimously, the Board of Supervisors of the County of Frederick, Virginia, does herein approve the changing of the first regular meeting in November to the 10th inasmuch as the 11th is Veterans Day. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BARD OF SUPERVISORS O NOW ADJOURN. II A Chairman, B d of S �rvis,ey rk, Board of Supervisors