Loading...
August 11, 1982 Regular Meeting5Ju A Regular Meeting of the Frederick County Board of Supervisors was held on August 11, 1982, 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; David L. Smith and Kenneth Y. Stiles. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by the Reverend Michael Parker of the First Baptist Church. ADOPTION OF AGENDA Mr. Stiles requested time under "County Officials ". Mrs. Maddox requested time under "County Officials ". Mr. Owings stated that he would also like to request time under "County Officials ". Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, the agenda was adopted as amended. APPROVAL OF MINUTES Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, that the minutes of the Regular Meeting of June 23, 1982, the Special Meetings of July 1, 1982, July 12, 1982 and July 19, 1982 be approved as submitted. COUNTY OFFICIALS Mr. Charlie Hott, Chairman of the School Board, appeared before the Board and introduced School Superintendant Dr. Kenneth Walker. Dr. Walker appeared before the Board and stated that he would be avail- able for the Board Meetings to answer any questions the Board might have and he hoped to be able to provide a relationship of mutual trust and under- standing through better communications between the two Boards. MRS. NANCY OMPS AND REVEREND JACK BELLI NGHAM, MEMBERS OF THE SHENANDOAH AREA AGENCY ON AGING ADDRESS THE BOARD Mrs. Omps and Reverend Bellingham appeared before the Board and stated that they had been working with the State office on the Agency regarding the Budget and long range plans. Mrs. Omps stated that the long range plan would be submitted to the Board for their comments. Reverend Bellingham stated that Leon Vaughn had been appointed as Acting Director of the Agency. Mr. Koontz asked if the Agency planned on retaining the Armel School. Reverend Bellingham replied, no. Mr. Stiles asked if the Agency had been in compliance with State and Federal guidelines. Reverend Bellingham stated that it is presently, that some discrep- ancies had been found but they had been corrected. He further stated that the salary range being advertised for the new Executive Director is being advertised at $18,000 - $23,000. Mr. Koontz thanked Mrs. Omps and Reverend Bellingham for appearing before the Board in the absence of the two County representatives on the Agency. RESOLUTION HONORING MARIETTA CATHER - APPROVED Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, the following resolution was approved: WHEREAS, Marietta Cather is a member of the Frederick County 4 -H Meats Evaluation Team, and; WHEREAS, she was the high individual scorer in the State 4 -H Congress Contest held in Blacksburg, Virginia in June, 1982 and as a result will be attending the Nationals in Kansas City, Missouri this Fall, and; WHEREAS, this achievement has brought honor and credit to herself, her parents and to her community; NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors hereby expresses its congratulations to Marietta Cather for her outstanding achievement; BE IT FURTHER RESOLVED, that a true copy of this resolution be delivered to Miss Cather. RESOLVED this 11th day of August, 1982. /s/ S. Roger Koontz _ /s/ Rhoda W. Maddox S. Roger Koontz, Chairman Rhoda W. Maddox /s/ Will L. Owings Will L. Owings /s/ David L. Smith David L. Smith /s/ William H. Baker William H. Baker ATTEST: /s/ Carol T. Bayliss Carol T. Bayliss, Deputy Clerk RESOLUTION HONORING ANNA WAL /s/ Kenneth Y. Stiles Kenneth Y. Stiles R - APPROVED Upon motion made by Rhoda W. Maddox, seconded by William H. Baker and passed unanimously, the following resolution was approved: WHEREAS, Anna Walker, representing Frederick County, partici- pated in the American Institute of Cooperatives Seminar in Blacksburg, Virginia in June, 1982 and; WHEREAS, Anna Walker was one of 8 4 -H'ers in Virginia to 6®0 win an all expense paid trip to the National American Institute of Cooperatives Seminar in August, 1982 at Purdue University, West Lafayette, Indiana, and; WHEREAS, this achievement has brought honor and credit to herself, her parents and to her community; NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors hereby expresses its congratulations to Anna Walker for her outstanding achievement; BE IT FURTHER RESOLVED, that a true copy of this resolution be delivered to Miss Walker. RESOLVED this 11th day of August, 1982. /s/ S. Roger Koontz /s/ Rhoda W. Maddox S. Roger Koontz, Chairman Rhoda W. Maddox /s/ Will L. Owings Will L. Owings /s/ David L. Smith David L. Smith /s/ William H. Baker William H. Baker ATTEST: /s/ Carol T. Bayliss Carol T. Bayliss, Deputy Clerk /s/ Kenneth Y. Stiles Kenneth Y. Stiles Mr. Stiles stated that he felt the 4 -H programs in the County deserved a lot of credit as well as all their members and their leaders. COLONEL A. LYNN MYERS, CHARLES E. BOYD AND JOE HEADLEY REAPPOIN TO THE COURT SERVICES ADVISORY COMMITTEE - Upon motion made by Rhoda W. Maddox, seconded by Kenneth Y. Stiles and passed unanimously, that the following be reappointed to serve on the Court Services Advisory Committee: Colonel A. Lynn Myers to serve from August 23, 1982 until August 23, 1986. Charles E. Boyd to serve from August 23, 1982 until August 23, 1986. Joe Headley to serve from August 23, 1982 until August 23, 1986. RESOLUTION ALLOWI SIXTEEN O R SEVENTEEN YEAR OLDS. WITH PARENTAL OR GUARDIAN APPROVAL, TO PARTICIPATE IN ALL ACTIVITI OF VOLUNTEER FIRE COMPANIES - APPROVED Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and passed unanimously, that the following resolution be approved: BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, pursuant to the provisions of Section 40.1 -79.1, of the Code of Virginia of 1950, as amended, that any person sixteen years of age or older, with parental or guardian approval be, and hereby is, authorized to work with or participate fully in all activities of a Volunteer Fire Company, provided such person has attained certification under National Fire Protection Association 1001, Level 1, Firefighter 601 Standards, as administered by the Department of Fire Programs. INVITATION TO BOARD FROM GAINESBORO RURITAN Mrs. Maddox stated that the Gainesboro Ruritan Community Picnic will be held on Thursday, August 19, at 6:30 P.M. She stated that at this time the new tot lot will be dedicated and the covered dish dinner will start at 7:00 P.M. and the Club had requested that she extend an invitation to each Board member and their family. She stated that this will be held at the Reynolds Fire Company. BOARD OFFICIALLY ADOPTS COUNTY SEAL Mrs. Ann Hardy appeared before the Board with a copy of the County Seal and stated that she had a book that had been written by Catherine Green stating that Frederick County had had this Seal since 1758. Inasmuch as the Board had never officially adopted the Seal the Board felt it should be done at this time. Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, that the Seal as presented by Mrs. Hardy be officially adopted as the Seal of Frederick County. OLD BUSINESS DR. MICHAEL D. MORRISON APPOINTED TO SERVE ON THE REGIONAL EMPLOYMENT TRAINING COUNCIL - APPROVED Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, that Dr. Michael Morrison be appointed to serve on the Regional Employment Training Council as the County's representative. CLEARBROOK COMPACTOR SITE FENCING PROJECT - APPROVED Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, that the McGrane Fence Company be awarded the job of erecting a fence at the Clearbrook Park compactor site in the amount of $1,800.00. JUDICIAL CENTER BID AWARDED TO HOWARD SHOCKEY AND SONS INC.- APPROVED Mr. Tom Malcolm appeared before the Board and presented the following report: (1) Bids were received July 28, 1982 on the Frederick and Winchester Judicial Center. A summary of the bids and a recommendation from Hellmuth, Obata & Kassabaum, P.C. dated August 4, 1982 are attached. The Joint Judicial Committee met August 5, 1982 and recommended accept- ance of the base bid by Howard Shockey and Sons, Inc. in the amount of $5,695,000 less Alternate 1 ( "Pella in lieu of "steel" windows), ($153,475) 602 and Alternate 2 (concrete sidewalk in lieu of brick paving), ($61,655) for a contract amount of $5,479,870. Alternate 3 (deletion of gypsum board under stairs; vinyl tile at landings; brick flooring and substitution of wood base in lieu of polished granite) and Alternate 4 (delete 8" water line) were not recommended for acceptance. The City Solicitor was requested July 29th to furnish an opinion regarding the award and his reply of August 4, 1982 is attached. (Mr. Ambrogi was out of town and therefore his written opinion is not attached.) Present for consideration a motion that the City Manager be authorized to execute a contract with Howard Shockey and Sons, Inc. simultaneously with Frederick County in the amount of $5,479,870 based upon the above recommen- dation. (2) Present for consideration a motion that the City Manager be authorized to execute an addition to the Agreement Between Owner and Architect for a Project Representative (with a monthly cost projection of $3,000). A copy of the agreement addition and advertisement are attached. (This is recommended by the Joint Judicial Center Committee) . (3) The Joint Judicial Center Committee has not formulated a recommendation regarding the interior design services. They are meeting with the Managing Director of the Washington Office of HOK within the next ten days to two weeks. In addition, the Judicial Center Users have been requested to prepare an inventory of furnishings they presently have, as well as the furniture and equipment requirements for the new facility. The Committee will formulate a recommendation after these steps. A tentative date has been set for the F/W Judicial Center Groundbreak- ing for 2:30 P.M., Thursday, September 2nd at the site. Upon motion made by Kenneth Y. Stiles and seconded by William H. Baker, that the County of Frederick accept the bid of Howard Shockey and Sons, Inc. in the amount of $5,479,870.00 (aceepting Alternates 1 and 2) to construct the Joint Judicial Center. Mr. Owings asked if there would be an additional fee charged by the Architects inasmuch as they will be the Project Managers. Mr. Malcolm replied, no. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox and Kenneth Y. Stiles. David L. Smith abstained. 6 ®3 Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, that Wendell Seldon, City Manager, be authorized to sign an agreement to hire an on site project representative. This person will be on the Architect's payroll and will report directly to the Architects. This will be a cost of $3,000.00 per month. MR. TOM MALCOLM TO CONTINUE HIS TERM ON THE JUDICIAL CENTER COMMITTEE UNTIL A COUNTY ADMINISTRATOR IS HIRED - APPROVED Mr. Malcolm stated that he felt the County should have someone that works for the County on a day to day basis on this Committee to represent the County. He stated that he would agree to serve as Chairman of the Committee until such time as the County Administrator position is filled. Mr. Stiles stated that he would like for the Personnel Committee to recommend a County employee to serve on this Committee until such time as a County Administrator is hired. Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, that Mr. Tom Malcolm continue to serve as Chairman on the Judicial Center Committee and that the Personnel Committee recommend to the Board a County employee to serve on this Committee on a daily basis until a County Administrator is hired. CUP #010 -82 - JOSEPH S. AND LYNDA H. DUBOSE - GAI NESBORO MAGISTERIAL DISTR - APPROVED Mr. Horne presented this conditional use permit request and stated that the Planning Commission recommended approval with conditions. Mr. DuBose appeared before the Board on behalf of his request. Upon motion made by Rhoda W. Maddox, seconded by Kenneth Y. Stiles and passed unanimously, that conditional use permit #010 -82 of Joseph S. and Lynda H. DuBose, Box 31B, Cross Junction, Virginia, 22625, requesting a permit for a public garage /farm equipment and automotive repair be approved. This property is designated as Tax Map 11, Parcel 52, in the Gainesboro Magisterial District. P #011 -82 - MICHAEL J. AND MARY C. TILOCK - OPEQUON Mr. Horne presented this conditional use permit request and stated that the Planning Commissions recommended approval with conditions. Mr. Tilock appeared before the Board on behalf of his request. Upon motion made by Will L. Owings, seconded by William H. Baker and passed unanimously, that conditional use permit #011 -82 of Michael J. and Mary C. Tilock, Route 1, Box 120, Stephens City, Virginia, 22655, requesting 6® a permit for commercial outdoor recreation, athletic facility /pleasure riding stables be approved. This property is designated as Tax FAap 93, Parcel 25B, in the Opequon Magisterial District. CUP #012 -82 - HERBERT J. AND JANET POPE - SHAWNEE MAGISTERIAL DISTRICT - DENIED Mr. Horne presented this request and stated that the Planning Commis- sion unanimously recommended denial. Mr. Pope appeared before the Board on behalf of his request. Mr. Stiles stated that the Planning Commissions' concern was due to the type of operation planned, a body and fender shop, as well as the smallness of the lot where this would be located and how close it is to the neighbors. Mr. Baker asked about what the ordinance allowed in this zone. Mr. Stiles stated that a body and fender shop is not allowed. Mr. Koontz asked how large the lot was. bridge Mr. Pope replied that it was a little over a half acre. Upon motion made by David L. Smith and seconded by Kenneth Y. Stiles, that conditional use permit #012 -82 of Herbert J. and Janet Pope, Route 7, Box 59, Winchester, Virginia, 22601, requesting a permit for a public garage be denied. This property is designated as Tax Map 55, Parcel 58, in the Shawnee Magisterial District. The above resolution was passed by the following recorded vote: Aye - Will L. Owings, Rhoda W. Maddox, David L. Smith and Kenneth Y. Stiles. Nay - S. Roger Koontz and William H. Baker. SIX YEAR SECONDARY ROAD IMPROVEMENT PLAN - APPROVED Mr. Horne presented this plan and stated that the following are the projects in order of priority: Route 654 Route 642 (approaches to new bridge over Opequon Creek and new bridge over Creek.) Route 672 (Brucetown Road) Route 628 (from Route 638 to Route 672) Route 672 (from Route 665 to Route 661) Route 628 (from Route 638 to Route 631) Route 672 (from Route 661 to Route 739) Route 628 (from Route 631 to Route 732) In addition to this, Mr. Horne presented a priority list of the con- struction program for the secondary system for 1982 through 1988. Mr. Bushman, Mr. Jeff Kessler and Mr. Jerry Cobb were present as repre- sentatives of the Highway Department. 00 Mr. Stiles stated that on the non hard surface roads, the first one through seven, the Planning Commission was pretty firm on having these stay where they are, but felt there could be some leeway on the remaining ones as far as changes are concerned. Mr. Bill Headley of Middletown appeared before the Board in reference to Route 635 stating that he would like for it to be placed on the priority list. Mr. Bushman stated that the Highway Department would take care of the maintenance on this road and that when the traffic count had been done that there were only fifty -nine vehicles and that there were other roads that had a higher traffic count. Mrs Jean Clark appeared before the Board in reference to Route 654 and requested that it be resurfaced. Mr. Stiles asked if there was still a problem with the right -of -way acquisition on this road. He further stated that everyone needed to realize that if one property owner along a particular road that is being requested to be hard surfaced, refuses to sign the right -of -way, that that will prevent the project from being done. Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, that the Six Year Secondary Road Improvement Plan be approved as presented. GENERAL MEMORANDUM OF UNDERSTANDING WITH THE LORD FAIRFAX SOIL AND WATER CONSERVATION DISTRICT - APPROVED Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, the following memorandum of understanding from the Lord Fairfax Soil and Water Conservation District was approved: This Memorandum of Understanding was entered into this 11th day of August, 1982, by and between the County of Frederick, Virginia, hereinafter called the County, and the Lord Fairfax Soil and Water Conservation District, Commonwealth of Virginia, hereinafter called the District. Recognizing the need for close working relationships in carrying out the responsibilities for which each is charged, the County and District enter into this Memorandum of Understanding as the foundation for an endur- ing cooperative working relationship. Such cooperation allows joint effort in the solution of problems relating to the planning and development of soil, water and related natural resources in Frederick County. The District will make technical assistance available as requested by the County. This assistance as set forth below will be provided by Federal, State and local resource agencies which work through the District, within the limitations of their budgets, availability of personnel and in accord- ance with established policies for reimbursement of certain costs. THE DISTRICT AGREES TO: 1. Provide available basic natural resource data, such as soil surveys, inventories of potential water impoundment sites, outdoor recreation suit- ability appraisals, etc. 2. Provide interpretations of soils for various uses. 3. Assist in the development of policies, ordinances, and programs for the conservation of soil, water, and related natural resources. 4. Provide current soil and water conservation practice standards and specifications including those for erosion and sediment control to be used as a basis for developing conservation plans on lands within the County and on County owned property. 5. As requested, review, comment, and approve, as required by the local ordinance, plans which impact on soil, water and related resources. 6. Assist in developing and conducting training programs for carrying out an effective erosion and sediment control program. 7. Assist the County with an annual review of the effectiveness of the local erosion and sediment control program. 8. Inform the County of programs available through the District and its cooperating agencies which affect natural resource management. 9. Assist with local educational programs relating to natural resource conservation and protection of the environment. 10. Delegate a member of the District Board of Directors to serve as a liaison representative to the County. 11. Furnish a copy of its long range program and annual report of accomplishments. 12. Prepare and submit to the County an annual plan of work and a budget request for carrying out the plan. THE COUNTY AGREES TO: 1. Assist the District in the development of effective soil and water conservation programs. 2. Provide the District with a copy of the comprehensive plan, land use plan and any other plan(s) for the County. 3. Consult with the District in the development or review of policies, ordinances and programs which deal with soil, water and related natural resources. 4. Use of natural resources data and soil and water conservation standards and specifications furnished by the District in its local programs and on County owned property. 5. Delegate a member of the County Board of Supervisors to serve as a liaison representative to the District. 6. Help carry out an education program designed to make the public aware of the need for the proper use and management of natural resources. 7. Sponsor an annual review to determine the effectiveness of the local erosion and sediment control program. 8. Provide the District with funding in support of the District Annual Plan of Work. IT IS MUTUALLY AGREED THAT: 1. The County, and the District may /will meet annually to further co- ordinate their respective programs and activities for optimum mutual benefit. 2. Special emphasis will be given by the County and District to maxi- mize the effectiveness of the local erosion and sediment control program. 3. This memorandum may be amended or terminated at any time by mutual consent of the parties hereto or may be terminated by either party by giving sixty (60) days notice in writing, to the other party. In witness thereof, the memorandum executed and agreed to on the day and month and year written above. LORD FAI RFAX SOIL AND WATER CONSERVATION DISTRICT By: /s/ Margaret S. Russell Title: Chairman Date: August 18, 1 COUNTY OF FREDERICK GOVERNING BODY By: /s/ S. Roger Koontz Title: Chairman, Frederick County Bd. of Supervisors Date: Auqust 17, 198 The budget request from the District of an increase for this fiscal year was referred back to the Finance Committee. Mr. Horne will meet with the District each year to draw up a work program between the District and the County. ZONING REVIEW WITHIN LAND DEVELOPMENT PERMIT CENTER - APPROVED Mr. Horne stated that the Planning Commission discussed the previously adopted proposal for transfer of certain routine zoning inspection functions from the Department of Planning and Development to the Department of Public Services. He further stated that the Planning Commission unanimously agreed that this program should proceed and that the Board of Supervisors allow this transfer to take place. Mr. Koontz asked if the Public Services Department has agreed to accept these responsibilities. Mr. Horne stated that yes they had. Mr. Owings asked Mr. Harriman if he felt he could handle these addi- tional responsibilities without additional employees. Mr. Harriman replied yes. 668 Mr. Owings asked Mr. Harriman to remember his reply. REQUEST FOR CERTAIN NEW SECTIONS OF ROUTE 659 TO BE TAKEN INTO THE SECONDARY SYSTEM AND THE ABANDONMENT OF CERTAI SECTIONS OF O LD ROUTE 659 - APPROVED Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, the following request from the Virginia Department of Highways and Transportation is approved: WHEREAS, Route 659, from South Intersection of Route 7, to 0.729 miles west of the Intersection of Route 656, a distance of 0.304 miles, has been altered, and a new road has been constructed and approved by the State Highway Commissioner, which new road serves the same citizens as the road so altered; and, WHEREAS, certain sections of this new road follow new locations, these being shown on the attached sketch titled, "Changes in Secondary System Due to Relocation and Construction on Route 659, Project 0659 - 034 -147,C -501, dated at Richmond, Virginia, July 29, 1981 ". NOW, THEREFORE, BE IT RESOLVED, that the portions of Secondary Route 659, i.e., Sections 4, 5 and 6, shown in red on the sketch titled, "Changes in Secondary System Due to Relocation and Construction on Route 659, Project 0659 - 034 -147,C -501, dated at Richmond, Virginia, July 29, 1981 ", a total distance of 0.30 miles be, and hereby is, added to the Secondary System of State Highways, pursuant to Section 33.1 -229, of the Code of Virginia of 1950, as amended, AND FURTHER, that the connections to be added, i.e., Section 7, shown in green on the aforementioned sketch, a total distance of 0.02 miles, be, and hereby is, added to the Secondary System of State Highways, pursuant to Section 33.1 -229, of the Code of Virginia of 1950, as amended, AND FURTHER, that the sections of old location, i.e., Sections 2 and 3, shown in blue on the aforementioned sketch, a total distance of 0.13 miles, be, and the same hereby is, abandoned as a public road, pursuant to Section 33.1 -155, of the Code of Virginia of 1950, as amended, AND FURTHER, that the sections of old location, i.e., Section 1, shown in orange on the aforementioned sketch, a total distance of 0.12 miles, be and the same hereby is, retained in the Secondary System. ODE AND ENGINEERING COMMITTEE REPORT AND RECOMMENDATIONS Mr. Owings, Chairman, presented this report. The Code and Engineering Committee met on July 16 and July 29, 1982 with all members present. Also present at the July 16 meeting were: John 609 Dennison and Eddie Wright. Present at the July 29 meeting were: John Dennison and Helen Locke. The Committee makes the following report and recommendations: Data Processing Physical Security A letter from the auditing firm of Robinson, Farmer, Cox Associates regarding the physical security of the data processing spaces was discussed. The Director of the Information Services Department, Helen Locke, reported that all the locks had been changed and a dead -bolt had been installed on the door leading to the building's Maintenance Shop. It was felt that the proper level of security could be achieved by installing security tape on the windows and alarm devices on the doors to be monitored by Winchester Police. The Public Services Director was instructed to obtain bids for that service. The project would require that approximately $1,000 for installa- tion and $20 1month for a telephone line be appropriated for this fiscal year. The Committee agreed with this approach and that the financial requirements be addressed by the Finance Committee once the bids have been obtained. Mr. Owings stated that when all bids had been received that this would be taken to the Code and Engineering Committee and then on to the Finance Committee. Request by Salvation Army A request from the Salvation Army to exempt their organization from Landfill charges was discussed and the Committee recommended that it be disapproved. Upon motion made by Will L. Owings, seconded by William H. Baker and passed unanimously, the above request was denied. Bid for Commercial Contractor for Refuse Pick -up The bid package has been prepared and is now being reviewed by the Office of the Commonwealth's Attorney for legal content. Landfill Equipment Requirements The Committee provided guidance to the Public Services Director to assist him in developing the necessary data for a Board workshop on the subject. Mr. Harriman was instructed to call Board Members and set up a meeting date for this workshop. Inspections Department Backlog 610 The status of the Inspections backlog was presented. Of the original 860 permits, 265 have been cleared and closed; 191 have been updated and are now a part of the active file. Landfill Deficit The $35,000 Landfill deficit for FY82 was discussed. Based on the fact that the contractual arrangements with the City state that any operational loss should be shared between the City and County, the Public Services Director was directed to approach the City with the final FY82 financial data and discuss the deficit. Mr. Harriman will call Mr. Seldon, of Winchester and Mr. Lee, of Clarke County, and discuss this matter with them. Courtyard Flag A local citizens organization has approached the County with the desire to contribute a flag pole that would be erected in the courtyard. The Committee agrees in principle with the idea and has instructed the Public Services Director to ask for a drawing, sketch, or plans from the organiza- tion so that if they may be reviewed. Parking The Committee addressed the problem of the availability of parking for transient blue tag County vehicles. The only parking available for blue tag vehicles is along Rouss (Department Heads) and in "County Business - 30 minutes" spaces on the Plaza, or in the City lots with meters. Shown on Enclosure (3) is the parking as presently marked. Enclosure (4) shows the Committee recommendation. The recommendation is that all parking on Rouss and four spaces on the Plaza be designated as "Only County Vehicles ". Only blue tag vehicles would be permitted to park on a first come basis. Blue tag vehicles parked in other spaces would be ticketed by the Sheriff's Department and similarity all private vehicles would be ticketed if parked in County spaces. This proposal would result in a total reduction of 2 spaces out of a total of 17 spaces available for citizen parking. Mr. Owings stated that the Juvenile and Domestic Relations Court Judge had requested a parking space. It is recommended that he be given the space that was occupied by the Circuit Court Judge who is now parking behind the Kurtz Building. He asked Mr. Harriman to determine the number of blue tag vehicles used by each department in order to determine what to do with County vehicles on days they are not being used. Inspections Department The Committee reviewed rough drafts of two letters originated by the Inspections Department. Enclosure (5) is a letter that would be sent to permit holders identified from the present backlog list that have completed their projects. The letter would be used to relieve the Department of further legal responsibility. The contents and form have been reviewed by the Office of the Commonwealth's Attorney. Enclosure (6) is a form that would be signed by the permit holder at the time of the issue. Two copies would be signed, one held by the Department and the other provided to the permit holder. This is an administrative step to mitigate against future backlog. Upon motion made by Will L. Owings, seconded by Rhoda W. Maddox and passed unanimously, the above was approved. LAW ENFORCEMENT AND COURTS COMMITTEE REPORT AND RECOMMENDATIONS Mrs. Rhoda Maddox, Chairman, presented the following report: The Law Enforcement and Courts Committee met on July 29, 1982 with the following persons attending: Rhoda Maddox, Kenneth Stiles, Larry Cover - stone, Sheriff Roscoe Bruce, Commonwealth's Attorney Larry Ambrogi and Director of Court Services Chuck Poe. The Committee makes the following report and recommendations: Work Release Center Chuck Poe, Director of Court Services, gave the Committee an update on the operation of the Center. At present there are thirteen (13) inmates, minimal problems have been encountered. A system of periodic "shakedowns" has been put in place to counteract the passing of contraband, as yet, nothing has been found. General discussion was had by those present concerning the City /County incarceration statistics at the Jail. It is suspected that City inmates outnumber County inmates by a three (3) to one (1) ratio. It was further discussed that the possibility of using the present Regional Jail Project alignment as a Jail administration could be used and the localities billed on a bed usage basis. Information: The Committee shall continue to pursue further implemen- tation of Regional Jail Program usage and the inmate ratio problem. Further, Mrs. Maddox will attempt to determine the line of authority for the Regional Jail staff. Unclaimed Property Ordinance 61 Sheriff Roscoe Bruce presented an ordinance concerning the disposition of unclaimed property. At present the Sheriffs Department is storing a number of articles of which they cannot dispose. Recommendation: Authorize the staff to advertise for public hearing to consider passage of the proposed ordinance. Upon motion made by Rhoda W. Maddox, seconded by Kenneth Y. Stiles and passed unanimously, that this ordinance be advertised for public hearing. County Ordinance Under Chapter 14 - Nuisances Mr. Stiles lead a discussion of recent problems with noise problems such as loud parties, etc. In review of the nuisance ordinance it is questionable if it applies and in fact could be construed as being vague. It was suggested that summons be issued to test the Court's position and as a possible stop -gap measure. Recommendation: The Code and Engineering Committee explore the possi- bility of expanding Chapter 14, Public Nuisances, with special attention to noise issues (loud parties, etc.). Assistant Commonwealth's Attorney Salary Larry Ambrogi submitted that during the last fiscal year the Board had approved a salary supplement of $5,038.00 with the agreement that the Assistant also serve as Assistant County Attorney. Recently, the Compensa- tion Board approved an increase for that position and it is unclear if that shall affect the County supplement. Recommendation: The Board establish a supplement of $5,000.00 over and above the Compensation Board approved salary for the Assistant Common- wealth's Attorney. Upon motion made by Rhoda W. Maddox, seconded by Kenneth Y. Stiles and passed unanimously, the above was approved. Parking of County Vehicles Mrs. Maddox talked of the recent problem of parking and the recommenda- tions of the Code and Engineering Committee with reference to parking designations. Lengthy discussion followed concerning designation and enforcement. Recommendation: In conjunction with the Code and Engineering Committee, establish a parking policy for Board endorsement. Further, the subject should be placed on the agenda for the next Board meeting. FINANCE COMMITTEE REPORT AND RECOMMENDATIONS Mr. William Baker, Chairman, presented the following report: 613 The Finance Committee met on July 14, 1982 with all members present. The Committee makes the following report and recommendations: Winterization Program The Committee heard a request from representatives of the Lord Fairfax Planning District Winterization Program Inc. It was pointed out that if the Winterization budget is approved as presented, Frederick County residents would realize $14,713.00 which equates to thirteen or fourteen homes that could be winterized. The Committee recommends that $400.00 be transferred from reserve for contingencies to fund this program. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above was approved. Delinquent Landfill Accounts The Public Services Director appeared before the Committee and a general discussion was held concerning collection of delinquent Landfill accounts. It was the consensus of the Committee that the cut -off procedure passed by the Board of Supervisors on January 10, 1972 be adhered to by the Public Services Director and his staff. The Public Services Director will prepare and mail a memorandum, along with the next scheduled billing, to all Landfill accounts detailing the procedure. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, that the bill cut -off be fifteen days. Discussion of Present Streelighting Policy A general discussion was held concerning the present streetlighting policy which requires that the real estate assessments be increased in an amount sufficient to cover the yearly costs. When the County Assessor was requested to increase the assessments for Section III of Fredericktowne, with service commencing in January, 1982, the Finance Director was informed that it would not be possible to continue the practice since each lot would have to be assessed an additional $9,063 to realize the $52.57 first year payment. The Committee asked the Planning Director to research the possibility of developing an ordinance requiring developers to install and provide for streetlighting service in the future. The Finance Director was instructed to bill each lot owner receiving service in Section 111 of Fredericktowne according to terms of the signed agreements. It should be noted that the property owners of the Pines Subdivision have requested streelight service and the Public Services Director has ascertained the cost of same. 614 Fiscal Management Policies The Committee was given a briefing by the Planning Director concerning the needs of the Planning Commission before priorities can be established for capital improvement projects. The Committee asked the Planning Director to request the Planning Commission to establish capital improvement priorities using all other available criteria and if possible submit a report to the Finance Committee prior to the second Board Meeting in August. Mr. Stiles stated that this would not be ready by the August 25, 1982 Board Meeting and hopefully it would be going to the Planning Commission at their first meeting in September and to the Board at their second meeting in September. Shenandoah Area Agency on Aging, Inc. Request The Committee discussed a letter from the Shenandoah Area Agency on Aging, Inc. requesting an additional $38.00 allocation from Frederick County. The Committee recommends that the request be denied. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above was approved. Transfer of Automobile The Committee reviewed a letter from the School Superintendent requesting the transfer of a 1976 Ford Torino from the Sheriffs Department to the School Board. It was noted that the auto was to be scheduled for sale and the Committee recommends approval. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above was approved. Memo from Information Services Director The Committee noted the memo from the Information Services Director concerning address change procedures on tax records. Mr. Stiles stated that since the Armel School is vacated, he would like for the Parks and Recreation Department to work with the Finance Committee and decide on the disposal for proposed use of Armel School. Mr. Stiles further stated that he had received information from the School Board with reference to the total cost of the James Wood Ridge Campus which is $9,816,059.29. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, that approval be given for transfer of funds in the 61-5 amount of $9,816,059.29 for the total cost of the construction of the James Wood Ridge Campus. PERSONNEL COMMITTEE REPORT AND RECOMMENDATIONS Mr. William Baker, Chairman, presented the following report: The Personnel Committee met on Wednesday, July 21, 1982 and makes the following report and recommendations: Personnel Comp Time Report The Committee reviewed a report of employee compensatory time through June 30, 1982 and forwards the report to the Board of Supervisors for review and information. The Board discussed which departments were receiving comp time and how the comp time had been abused over the years. The Board felt that a policy was needed to address comp time and requested that the Personnel Committee meet with Mrs. Kelican and present guidelines to the Board at their August 25, 1982 meeting. Update on Comp Time Policy Revision The Committee reviewed a comp time policy, which is currently in effect, and recommends that the Board review the policy so that it might be discussed with the Administrative Assistant for Personnel in order to provide guidelines for revision. Update on Formation of Fire and Rescue Committee The Committee reviewed and approved a draft letter, prepared by the Public Works Director, soliciting input from the fire and rescue units regarding the formation of a Fire and Rescue Committee with a liaison member from the Board of Supervisors. When all the input has been received and reviewed, a recommendation will be forthcoming from the Committee. Evaluation Certifications /Department Head Evaluations In the absence of a County Administrator, the Administrative Assistant requested that the Personnel Committee certify employee evaluations. The Committee agreed and certified the June evaluations. With concurrence of the Board, the Committee will continue these certifications until a County Administrator is hired. The Committee discussed evaluations for Department Heads and personnel who are evaluated by the County Administrator and recommends that these evaluations be conducted by the Personnel Committee and certified by the Board of Supervisors until a County Administrator is hired. 616 Upon motion made by William H. Baker, seconded by David L. Smith and passed unanimously, the above was approved. Revised Merit Evaluation Forms and Definitions The Committee reviewed the revised merit evaluation forms and rating definitions. The rating definitions have been rewritten to clearly define the performance factors 1 through 5 (making 3 average) and the wording in the forms has been revised to coincide with the rating definitions. The forms were distributed to all County employees for review. It was the con- sensus of the employees that the revised forms and definitions are more closely related and more easily understood. The Committee recommends approval of the revised forms and definitions for use in merit evaluations beginning in August, 1982. Upon motion made by William H. Baker, seconded by David L. Smith and passed unanimously, the above was approved. Membership of Frederick County Personnel in the Frede Credit Union The Committee reports that results of a survey taken of County employees indicated a substantial interest for participation in the Frederick Credit Union. The credit union was recently formed by a group of Frederick County Teachers and membership is open to all Frederick County employees and members of their immediate families. County employees will be applying for membership during the month of August and contributions will be made by payroll deduction. This is a voluntary program, which does not require Board approval, but the Committee would recommend Board endorsement of the Personnel Office function in the coordination, enrollment and processing of County employees in the program. Upon motion made by William H. Baker, seconded by David L. Smith and passed unanimously, the above was approved. Personnel Committee Citizen Member The Committee discussed the appointment of a citizen member to the Personnel Committee. Mr. Smith will present a nomination for the Board's consideration at the August 11 meeting. Mr. Smith asked that this be tabled until the August 25, 1982 Board Fleeting. Constitutional Officers' Participation in Management System The Committee discussed the procedures for entry and withdrawal of Constitutional Officers and their employees in the Frederick County Manage- ment System. It has been the policy of the Board of Supervisors to permit entry and participation in the Management System through written request from the Constitutional Officers. The Committee recommends that withdrawal from the Management System be permitted through submission of a written request approved by the Board of Supervisors with the understanding that withdrawal shall include the entire system and not just a part thereof. The Committee further recommends that reentry not be permitted unless a new constitutional officer shall have taken office and elects to participate in the system. Mr. Stiles requested that the insert, "or the new term of the previous officer shall begin ", be added to the last sentence. The Board concurred. Upon motion made by William li. Baker, seconded by David L. Smith and passed unanimously, the above recommendation was approved. REQUEST FOR BOARD OF SUPERVISORS A NUCLEAR WEAPONS FREEZE - DENIE CONSIDER ADOPTION OF Ms. Sally Ebert appeared before the Board on behalf of this resolution and presented to the Board petitions that had been signed by County citizens in favor of this resolution. Mr. Eric Farrell appeared before the Board in opposition to this resolution and felt the Board should not endorse such a resolution on behalf of the citizens of Frederick County. Mrs. Kathy Doyle, a member of the Peace Coalition, appeared before the Board in favor of the Nuclear Freeze Resolution. Mr. Stiles asked what the group is endorsing specifically. Ms. Ebert stated that that is listed on the petition. Mr. David Sissler, citizen of Back Creek District, appeared before the Board stating that he did not feel that the Board of Supervisors should vote for the citizens of Frederick County as he did not feel this was the view of all the citizens of the County. Mr. Stiles stated that he was not in favor of this resolution and he felt that in order for us not to have a Nuclear War that the United States had to be so strong that the Soviet Union would not dare start a War. Mr. Smith stated that he agreed in principle with the resolution but not in theory. Mr. Owings stated that he respected each individual's feelings but he had reservations supporting a resolution that only a hundred or so County citizens had signed petitions in favor of. 61_x.7 Mr. Koontz stated that he could agree with Mr. Smith and Mr. Owings with reference to the citizens of the County but he was in favor of the resolution and he felt all Governments needed to move in the direction of peace. Upon motion made by Kenneth Y. Stiles and seconded by David L. Smith, the above resolution was denied by the following recorded vote: Aye - Will L. Owings, William H. Baker, Rhoda W. Maddox, David L. Smith and Kenneth Y.I Stiles. Nay - S. Roger Koontz. Mr. John Horne appeared before the Board as a citizen of Frederick County in favor of this resolution. Mr. Baker stated that an attempt to negotiate with the Russian Nation on a disarmament program does not seem as something that is likely to happen in the near future. BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, the Board retired into Executive Session in accordance with Section 2.1- 344(A), Subsections (1) and (6), to discuss Legal and Personnel matters. BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by Kenneth Y. Stiles, seconded by Rhoda W. Maddox and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by Rhoda W. Maddox, seconded by William H. Baker and passed unanimously, the Board reconvened into Regular Sesssion. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. Deputy Clerk, Board of Supervisors