041-03
BOARD OF SUPERVISORS
COUNTY OF FREDERICK
RESOLUTION OF P ARTICIP ATION
NORTHERN SHENANDOAH V ALLEY DISABILITY SERVICES BOARD
Whereas, the counties of Clarke, Frederick, Page, Shenandoah, Warren, and the City of Winchester, Virginia,
utilized the Lord Fairfax Planning District Commission to create the Lord Fairfax Disability Services Board in 1992;
and
Whereas, the Disability Services Board has enabled localities to meet the statutory requirement for such an
entity; and
Whereas, the name change by the Lord Fairfax Planning District Commission to Northern Shenandoah Valley
Regional Commission has led to the request for a name change by the Lord Fairfax Disability Services Board to the
Northern Shenandoah Valley Disability Services Board; and
Whereas, in the course of the name change the initial agreement requires administrative changes;
Now, Therefore, Be it Resolved that the Frederick County Board of Supervisors adopts this resolution of
participation and approves the attached Regional Management Agreement for the Northern Shenandoah Valley
Disability Services Board.
In Witness Whereof, that each member jurisdiction have caused their names to be signed to this agreement
with the Northern Shenandoah Valley Regional Commission and attested by their duly authorized officials.
Passed this 26th day of February, 2003, by the following recorded vote:
Richard C. Shickle Aye W. Harrington Smith, Jr. Aye
Robert M. Sager Aye Margaret B. Douglas Aye
Sidney A. Reyes Aye Lynda J. Tyler Aye
Gina A. Forrester Aye
COUNTY OF FREDERICK, VIRGINIA
NORTHERN SHENANDOAH V ALLEY REGIONAL
COMMISSION
R-.JL-Q ~
Richard C. Shickle, Chairman
Chairman
A TTESr:
Date Adopted:
February 26, 2003
Date Adopted:
Resolution No.: 041-03
Regional Management Agreement for the
Northern Shenandoah Valley Disability Services Board
The counties of Clarke, Frederick, Page, Shenandoah, Warren, and the
City of Winchester, Virginia, agree by individual resolutions, to utilize the
Northern Shenandoah Valley Regional Commission to support the Northern
Shenandoah Valley Disability Services Board.
Section 1. Duration
The Northern Shenandoah Valley Disability Services Board and this
Regional Management Agreement shall renew annually based on the common
need of the partner governments to meet the purpose set out in Section II.,
subject, however, to dissolution and amendment under one of the following
conditions:
1. At any time by agreement of the governing bodies of the participants
therein.
2. In the event the governing body of any participating jurisdiction desires
to withdraw, it may do so provided it has given 90 days notice to each of the
participating jurisdictions. Such notice shall be in writing.
3. This agreement may be amended by the concurrence of the governing
bodies of all of the member local governments.
Section II. Purpose
The purposes for which the Northern Shenandoah Valley Disability
Services Board is created are:
1. To serve as the local Disability Services Board for the participating
jurisdictions as specified in section 51.5-47 through 51.5-52 of the ('orlp. of
Vireini~, and as provided for in the Guidelines for the Establishment of Local
Disability Services Boards developed by the Commonwealth of Virginia
Disability Services Council.
2. To provide input to state agencies on service needs and priorities of
persons with physical and sensory disabilities;
3. To provide information and resource referral to local governments
regarding the Americans with Disabilities Act;
4. To provide such other assistance and advice to local governments as
may
be requested.
Section III. Organization and Composition
The Northern Shenandoah Valley Disability Services Board will consist of
a maximum of twelve members. One local official shall be appointed by each of
the participating jurisdictions for a total of six local officials. To meet the
requirements of Section 51.5-47 of the ('orlp. of Vireini~ that there be two
representatives of the business community and consumers with no less than thirty
percent representation by individuals or family members of individuals with
physical, visual, or hearing disabilities, each member local government shall, in
the appointment of a consumer or business community representative, take into
account the overall representation needs of the Disability Services Board to give
the required balance of representation for physical, visual and hearing
disabilities; and the business community.
The Northern Shenandoah Valley Disability Services Board members shall be
appointed for three year terms. To assure stability of membership and retention
of experienced members of the Disability Services Board, terms of board
members are grouped in three year appointment cycles as follows:
Year 1 - Clarke County and Frederick County
Year 2 - Page County and Shenandoah County
Year 3 - Warren County and Winchester City
1. Officers of the Board shall consist of a Chair and Vice Chair who shall
be elected by the membership of the Board. The Board May elect other officers
as it deems necessary. The Chair and Vice-Chair shall be elected for terms of
one year.
2. The Board may make such rules of procedure as it shall deem necessary
and proper for the conduct of its business not inconsistent with this Agreement or
the Charter and Bylaws of the Northern Shenandoah Valley Regional
Commission, and shall hold meetings quarterly. Meetings shall be conducted in
conformance with the Virginia Freedom of Information Act.
3. The Northern Shenandoah Valley Disability Services Board shall be
responsible to the member jurisdictions who are parties to this Agreement which
established the Disability Services Board.
Section IV. Duties of the Board
Subject to the limitations contained in this Agreement and the Operating
Procedures adopted by the Disability Services Board, the Disability Services
Board shall have all lawful powers conferred by this instrument and shall conduct
and control the general policies and directions of the Northern Shenandoah Valley
Disability Services Board as specified in Section 51.5-47 through 51.5-52 of the
roclp. of Vireini~
In accordance with the roclp. of Vireini~ the duties of the Disability
Services Board (DSB) are to:
Assess the local service needs and advise the appropriate state and
local agencies serving persons with physical and sensory disabilities
of their findings;
Develop and make available for public comment a report with a six-
year projection of local service needs and priorities for persons with
physical and sensory disabilities in accordance with state guidelines.
Obtain input from local public and private service providers and
utilize such information in the development of the report.
Review and update the report every three years.
Serve as a catalyst for the development of public and private funding
sources.
Develop requests to the rehabilitative services incentive fund when
local funding for match is identified.
Administer the incentive funds, if received, through a designated
fiscal agent in accordance with an approved expenditure plan as
specified within the grant.
Exchange information with other DSBs and local organizations
within the community regarding services to persons with physical
and sensory disabilities and best practices in the delivery of services.
The DSB will provide input to state agencies on service needs and
priorities of persons with physical and sensory disabilities.
The DSB will provide information and resource referral to local
governments on the Americans with Disabilities Act (ADA)
The Northern Shenandoah Valley Disabilities Services Board shall file an
annual report of its activities with the governing bodies of the participating
jurisdictions in a manner, time and form agreeable to said members.
Section V. Administrative Authority of the Board
The Northern Shenandoah Valley Disabilities Services Board shall function
administratively under the Northern Shenandoah Valley Regional Commission
according to the policies and procedures of the Commission which shall serve as
the fiscal agent. To make application for, and to accept grants of money,
materials, at any time from any private or charitable source, or the Virginia State
Government or any agency or instrument thereof requests will be reviewed and
approved by the Commission. The Northern Shenandoah Valley Disability
Services Board will not provide direct client services nor employ staff for that
purpose.
Section VI. Administrative Support
Staff support funding for the Northern Shenandoah Valley Disabilities
Services Board will be provided by the Commonwealth of Virginia Department
of Rehabilitative Services with appropriate consultation from the Department for
the Visually Handicapped and the Department for the Deaf and Hard-of-Hearing
as provided for in Section 51. 5-47 of the r{)cl~ of Vire;ini::l.
Board expenditures, as defined, will be reimbursed to the extent of general
fund appropriations. Such appropriations for the support of Disability Services
Boards will be administered through the Commonwealth of Virginia Department
of Rehabilitative Services.
The Northern Shenandoah Valley Regional Commission shall not be
required to provide administrative support other than can be handled under the
Disability Services Board local per capita share and other grant resources
Localities participating in this Agreement shall not be mandated to fund
any recommendations made by the Northern Shenandoah Valley Disability
Services Board.
Section VII. Termination
Termination of this cooperative endeavor shall occur only as provided for
in Section 1. In the event this Agreement is terminated, payment and/or credit
for the furnishing and use of real property owned by a participant shall be
adjusted to the date of termination. All property shall be scheduled and valued
by or at the direction of the Disability Services Board and distributed in kind to
the participants as nearly as is feasible in the same proportion as they contributed
to acquiring it; provided, however, that one or more participants may purchase
the interest of one or more others in the property.
Section VIII. Miscellaneous
This Agreement shall be approved and effective in their respective
jurisdictions upon passage by the participating jurisdictions by resolutions of their
respective governing bodies.
5.6 resolutionNSVDSB.doc