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April 13, 1977A Regular Meeting of the Frederick County Board of Supervisors was held on April 13, 1977 in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester; Virginia. PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman; Dr. .'Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Dennis T. Cole. The Chairman called the meeting to order. APPROVAL OF MINUTES Upon motion made by Dr. Raymond L. Fish and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • I • Virginia does herein approve the minutes of the Regular Meeting of'this Board held on March 23, 1977, the Special Meeting held on March 24, 1977 and the Special Meeting held on March 28, 1977 as submitted. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. HIGHWAY DEPARTMENT Mr.::.Kirig. - appeared..before ithe !Board and presented a listing of the contract priorities for road improvement and construction for Frederick County as estab- lished by the Virginia Department of Highways as follows: (1) Rt. 761, Old Charles Town Road; (2) Rt. 671, bridge over Back Creek; (3) Rt. 681, bridge over Back Creek; (4) Rt. 622 from the west corporate limits of Winchester to Rt. 37 inter- .change; (5) Rt. 659 from Rt. 7 to Rt. 658; (6) Rt. 696 from Rt 522 to the West 'Virginia line; and (7) Rt. 654 from Rt. 522 to Rt. 672. There ifol :dits¢ussion as to whether or not these priorities I • could be changed and Mr. King advised the Board that the first two had been set and would be almost impossible to change, however the Board could rearrange the remaining should they so desire. Mr. Malcolm stated that he had been contacted after the road hearing with additional projects one : the widening of Greenwood Road from the fire company tocthe property of Mr. Dove and the other the widening of the bridge near Dr McHale's property. Mr. Koontz stated that these projects could be added to the list. Mr. Malcolm asked if a drainage easement is granted who is responsible if there is a problem and Mr. King stated that after the road is added to the system, the Highway Department attempts to keep the easement clean and functioning. Mr. Rosenberger asked how soon a release might be expected on the schedule of is repair to the potholes and road break -up in the County and Mr. King advised that the Department has four crews working and they are proceeding as quickly as possible with this repair work. Mr. Owings thanked Mr. King and the Department for the repair to the railroad crossing at Middletown which has recently been completed. HEAIaTH DEPARTMENT No Report. FARMERS HOME ADMINISTRATION PRESENTATION Mr. Lester Carroll of the Farmers Home Administration Office in Front Royal appeared before the Board and stated that their office is so shorthanded that they had requested help from the County Building Inspector's Office. He suggested 0 e both agencies work together to make the necessary inspections in the County. Mr. Koontz advised Mr. Carroll that the Board had rejected this proposal because 0 f the increased load it would place on the Inspection Department. Mr. Rosenberger stated that the receives complaints from citizens whose s are falling apart and who cannot get any response from either Farmers Home r the builder. He asked if the builder does a poor job, is he again approved FmHA. Mr. Carroll stated that it is very difficult to black -list a builder and that only recourse he could suggest to the homeowner would be court action. Mr. Cole asked if Mr. Carroll was saying that when the one year agreement is with the builder, this relieves FmHA of any obligation and Mr. Carroll stated t this is correct but the builder can cover up many deficiencies between insp- Mr. William Rodgers, Frederick County Building Inspector stated that the current is a duplication of effort inasmuch as the inspections must be made by is department as well as FmHA. He stated that he felt the proposed contract with A would be mutually beneficial to both agencies. Mr. Koontz referred this proposed contract back to the Committee on Engineering Code Enforcement for further study. Mrs. Keckley asked if the FmHA is a tax exempt organization inasmuch as there several pieces of property in the County owned.by FmHA through repossession which taxes are not paid. Mr. Carroll advised that inasmuch as they are an agency of the federal govern- t, they are tax exempt. PUBLIC HEARINGS 1.898 ACRES Mr. Berg presented the rezoning request of EFG Corporation and stated that Planning Commission recommended approval of same. Mr.' Ben Butler appeared before the Board representing EFG Corporation and cribed the location and proposed use of the property. Mr. Malcolm stated that he had received a lot . if inquiries as to whether or t this would be a repair operation and the petitioners advised that the service partment would be under the same roof as the sales and therefore would not be noisy operation. They advised that there would be no-'-- late night hours or Sunday There was no opposition to this rezoning request. Mr. Malcolm stated that the request was consistent with the Land Use Plan for is area. Upon motion made by R. Thomas Malcolm and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, rginia does herein approve, on third and final reading the following rezoning ZMAP NO. 003 -77 OF EFG CORPORATION, RT. 1, BOX 92, WINCHESTER, VIRGINIA, HEREBY REQUESTS THAT 1.898 ACRES MORE OR LESS, LOCATED ON THE SOUTH SIDE OF RT. 50 APPROXIMATELY ONE HALF MILE EAST OF RT. 81 INTERCHANGE, NOW ZONED BUSINESS- LIMITED (B -1) BE REZONED BUSINESS - GENERAL (B -2) . THIS PROPERTY IS DESIGNATED AS PARCEL NO. 64(A)100 ON TAX MAP 64 AND IS IN SHAWNEE MAGISTERIAL DISTRICT. The above resolution was passed by the following recorded vote: = Aye - i. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, Thomas Malcolm, and Dennis T..Cole. 1 • is • • 1.9 TRANSPORATION PLAN CHAPTER OF THE COMPREHENSIVE PLAN - TABLED Mr. Berg presented the Transportation Plan Chapter of the Comprehensive Plan and explained briefly the goals and objectives of said Chapter. Mr. Malcolm asked if this plan considered the transportation program for the elderly which would be instituted by the Recreation Department and Mr. Berg replied that the Transportation Plan Chapter has been in the works for many months and the Recreation Department program was not a part of it. There was a brief discussion regarding Objective 1, Implementation 3'of the E Plan regarding upgrading of roadways and Mr. Berg advised that it would be in- cumbent upon the developer to participate in the improvement costs necessary to bring the roads up to subdivision standards. Dr. Fish asked if this would apply to access roads and Mr. Berg stated that it would not. Dr. Fish stated that in Objective 3, Implementation 2 he felt the words "recreation" and "bicycle" were restrictive and he suggested that words "non motorized vehicles" be used. Mr. Cole asked who would be responsible for accidents which might occur should • owner of the power line right -of -way would be responsible. power line rights -of -way be used for hails and Dr. Fish stated that he felt the Mr. Cole then stated that he felt this plan should be given more study before it is acted upon. Mr. Berg advised that this is a public hearing and is required before any component of the Land Use Plan is adopted. He added that the Board of Supervisors has almost no power of implementation of this plan; that the policies are carried out by the Virginia Department of Highways. Mr. George Whitacre stated that he did not feel the people understood what the plan was. Upon motion made by Thomas B. Rosenberger and seconded by Will L. Owings, • r BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein .table the Transportation Plan Chapter of the Comprehensive Plan for further study. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. cole. Mr. Koontz requested Mr. Berg to get to the press and news media a brief summary of the Plan for presentation to the public. CITIZENS CONCERN u Mr. Cole stated that the main problem in his District at this time is the condition of the roads. Dr. Fish requested that the situation regarding the school bus stop at The Knolls be checked. The Board agreed. BE >R SHALOM EZ Dr. Leon Slavin appeared before the Board concerning a request on behalf of Shalom et Benedictus' that the County become the receiving agent: for said institution so that they might receive federal grant funds. He briefly described the facility and their operation and stated that they are in great need of funds. Mr. Renalds stated that should the County consent to become the receiving agent, we would be the recipient of the grant but would have no control over the administration of it and should something go wrong the-County would be held -20 le. Mr. Koontz referred the request to the Finance Committee for study and re- tion to the Board. Mr. Rosenberger requested the representatives from et Benedictus tapresent to the Finance Committee an outline of how the !y would be spent. Mr. Koontz requested Mr. Renalds to get guidelines from the state regarding County becoming the receiving agent. BLAIR WEBBER FORMER- BUILDING INSPECTOR ADDRESSES BOARD Mr. Blair Webber, 'former Frederick County. Building Inspector, appeared before Board and stated that he felt he had been treated unfairly by the news media as the recent controversy concerning the Department of Inspections. He permission to review some of the old records in the Building Inspector's ffice so that he might return to make a presentation to the Board at a future te. Mr. Koontz advised Mr. Webber that County records are public records and uld be accessible to him. RESIDENTS OF HERITAGE HILLS SUBDIVISION ADDRESS BOARD Mr. Wade Ferguson appeared before the Board, representing eleven homeowners the Heritage Hills Subdivision, and stated that he agreed with the Board's cision not to agree to the proposed contract with FmHA. He stated that each of e homeowners he'was representing had problems with their homes, some more severe an his, and that the contractor had not been responsive to their. requests to rrect said problems. He added that he felt the Frederick County Building• spector was.not enforcing the building code as' adopted by the Board inasmuch as had been-issued a certificate of occupancy and his home is still not complete. Mr. William E. Rodgers, Frederick County Building Inspector, stated that at is point should he bring legal action, it would have to be against the homeowners d not the builder. He stated that the only recourse he knew for the homeowners • through legal action against the builder: He advised that Mr. Ferguson's house • built prior to his coming to work for Frederick County and in all the other ses involved, the building permits had been issued prior to his coming to work r the County. Mr. Ferguson then complained about the streets and the odor from sewage treatment plant in the area. Mr. Malcolm advised that he had written letters concerning the odor from the treatment plant for the past fifteen months and it appears that there'is ing the County can do but continue to complain. Mr. Cole asked why the homeowners did not take the builder to Court to settle matter and Mr. Ferguson advised that they could not afford to do this. Severaloof the homeowners cited the problems they are experiencing with their mes. There followed a lengthy discussion regarding the number of people who move to houses before they are complete and the recourse available to them. Mr. Dino Moroglione, a realtor, appeared before the Board and stated that he ld houses in this subdivison and he would like it made public that all the homes e not defective. He requested that an additional inspector be hired in order catch up on the backlog of inspections thereby insuring a final inspection a home is sold. Mr. Kenneth Stiles appeared before the Board and stated that the proposed tract with FmHA is not the solution to the problem and that is was the respon- u • • • lity of the Board to see that the inspections are done. .21 He further stated that he 'felt that the Board should look quite closely at Winchester's proposed minimum housing code to determine its effect on Frederick County. Mr. Edwin Fiddler appeared and'stated that he still could not understand why he had to apply for ahbuilding permit, which had subsequently been.denied, and another party had not been required to follow the same prcedure. Mr. Cole explained that the other party did in fact get a building permit and • had the permit renewed numerous times in order to complete the construction. Mr. Fiddler then asked why two inspectors travelled together and Mr. Rodgers stated that they are cross training two inspectors and therefore they must travel together. IL Mr. Koontz stated that even though the Board can not answer all the questions of the homeowners and has no ready -made solution to their problems, he felt the fact that they could come to the Board with their complaints would help develop new laws and direction. He solicited their patience and participation. SUBDIVISIONS WELLTOWN ACRES, SECTION I PLAT REVISION - APPROVED Mr. Berg presented the proposed plat revision for Welltown Acres,'Section I stated that this would be a rearrangement of the lots to accomodate a drainage easement. He stated that the Planning Commission recommends approval of this revision and the Highway and Health Departments have also given their approval. Upon motion made by Dennis T. Cole and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the plat revision of Welltown Acres, Section I containing five (5) lots in Stonewall Magisterial District off Route 663 to re- arrange said lots to accomodate a drainage easement. The above resolution was passed by the following recorded vote: Aye - U L S. Roger Koontz, Thomas B. Rosenberger, Dr.,7'Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. SITE PLAN VERIFICATION - BRADY T. ELLIS, SR. - WITHDRAWN Mr. Koontz stated that the site plan verification of Brady T. Ellis, Sr. had been withdrawn from the Agenda. CONDITIONAL USE PERMIT - WILLIAM J. MOONEY - APPROVED Mr. Berg presented the request for conditional use permit of William J. Mooney �t000perate an engraving service in his home stating that the Planning Commission recommended approval with a renewal annually. Dr. Fish asked if the provisions for off street parking were adequate and , • Mr. Berg advised that they were. Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings. BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve Conditional Use Permit Number 002 -77 of William J. Mooney, in Rolling Fields Subdivision in Magisterial District to operate an engraving service in his home, said-permit to be renewed annually at the dis- cretion of the Board of Supervisors. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. 2.2 BOARD RETIRESDINTOaEXECUTIVEr .SESSION e:: _ :. Mr... Dave •Faiinestock - Chairman of the Parks and Recreation •commision appeared before the Board and requested a brief executive session to discuss land acquisition with the Board. Upon motion made by Dennis T. Cole, seconded by Dr. Raymond L. Fish, and passed unanimously, the Board retired into executive session to discuss land acquisition in accordance with Section 2.1344(a) of the Code of Virginia, 1950 as amended.' BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by R. Thomas Malcolm, seconded by Dr. RRaymond L.FF.i and, passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, and passed unanimously the Board reconvened into Regular Session. SCHOOL BOARD RESOLUTION - BUDGET ADJUSTMENTS AND TRANSFERS - APPROVED Mr. Don Perrault appeared before the Boa=d.and explained briefly the resolution requested by the School Board. Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED.;. That the Frederick County Board of Supervisors grants the request of the Frederick County School Board to make transfers within the 1976- 1977 school budget to provide for needed expenditures in various categories of the budget, including Administration, Transportation, Capital Outlay, Building Fund and so forth; and, BE IT FURTHER RESOLVED, That the request is made on condition that the Frederick County School Board's expenditures for the year from county tax funds, and the state one percent sales tax earmarked for education will not exceed the amount on the line item in the 1976 -1977 budget as adjusted; except that Revenue Sharing Funds shall not be credited to the School Building Fund and shall be spent only in behab.f of construction projects, said funds to be expended on or before June 30, 1977; and, BE IT FURTHER RESOLVED, That any Federal Impact Funds received prioi to July 1, 1977 may be spent in the school operation fund; and, that any Federal Impact Fund balance in the 1976 -1977 budget may be carried over to the operation fund of the 1977 -1978 budget and will 'not revert to the General Fund-of the County or the Building Fund of the School Board. BENT FURTHER RESOLVED, That the funds realized from the sale of the Round Hill Elementary School may be transferred into the Building Fund and carried into the 1977 -1978 budget for construction purposes. BE IT FURTHER RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that the 1976 -1977 operation budget of the Federal - Elementary and Secondary Education Title IV -B (Education Amendment 1972) is hereby amended to include an additional appropriation of $9,400 for the purpose of meeting the financial obligations of Elementary and Secondary Education - Title IV -B and, to expend all E1'ementary and Secondary Title I funds that have been allotted to the Frederick County School Board for the 1976 -1977 Fiscal year and to include an additional appropriation of $3,000 to the Title IV -C Funds for the purpose of meeting the financial obligations of Elementary and Secondary Education Title IV -C. i • is • • 2.3 BE IT FURTHER RESOLVED, That said funds to be expended will be available r 1 • from Federal revenues and represent no additional burden upon the General Revenue Fund of the County of Frederick. BE IT FURTHER RESOLVED, That the Frederick County School Board is hereby granted permission to use any additional funds allocated from the state and miscellaneous local school revenue. BE IT FURTHER RESOLVED, That the Frederick County Board of Supervisors does authorize the transfer of any balance in the 1976 -1977 school budget to the School Debt and Construction Fund and that said balance be retained for continued use in the 1977 -1978 budget. S. -Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, The above resolution was passed by the following recorded vote: Aye - R. Thomas Malcolm, and Dennis T. Cole. COMMITTEE RECOMMENDATIONS: FINANCE COMMITTEE Dr. Fish presented the recommendations of the Finance Committee and the L� • following action was taken: BUDGET ADJUSTMENTS - CETA CONTRACT NUMBERS 76- 13106 -40 -371 and 72- 131 -6 -40 -132 - APPROVED ' Upon motion made by Dr. Raymond L. Fish and seconded by Will L. Owings, BE IT RESOLVED, By the Board of Supervisors of F.'rederick County, Virginia, that this Board does hereby wish to continue participation under the present CETA Title VI Program; and, BE IT FURTHER RESOLVED, That CETA Contract No. 76- 13106 -40 -371 in the amount of $47,325.'00 for the period April 1, 1977 through September 30, 1977, is hereby accepted including all provisions therein; and, BE IT FURTHER RESOLVED, That the following 1976 -1977 Budget adjustment is hereby FJ C authorized: :: INCREASE GENERAL REVENUE FUND ESTIMATES: 05 -6800 CETA Funds $23,662.50 INCREASE GENERAL FUND APPROPRIATIONS: 18- 0181 -123 Compensation of Participants $23,662.50 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. Upon motion made by Dr. Raymond L. Fish and seconded by Will L. Owings, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, • that this Board does hereby wish to continue participation under the present CETA Title II Program; and, BE IT FURTHER RESOLVED, That CETA Contract No. 72- 13106 -40 -132 in the amount of $43,216.99 for the period April 16, 1977 through Spetember 30, 1977, is hereby Ilaccepted including all provisions therein; and, BE IT FURTHER RESOLVED, That the following 1976 -1977 Budget adjustment is hereby authorized: INCREASE GENERAL RE VENUE FUND ESTIMATES: 05- 6800- 13:: "'. CETAnF.uhds . INCREASE GENERAL FUND APPROPRIATIONS: 18- 0181 -123A Compensation of Participants 18- 0180 -295A Fringe Benefits TOTAL: $19,524.18 $17,800.98 $ 1,723.20 $19,524.18 24 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz,. Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Dennis T. Cole. CONTRACT WITH MUNICIPAL ADVISORS INCORPORATED TO CONDUCT MANAGMENT STUDY ' - APPROVED Mr. Renalds stated that the proposed management study would include all departments within the County Administration; that it would also include the Welfare Department and the Constitutional Officers. He advised that the School Board had requested inclusion in the study and this could be accomplished under Section C -1 -(b) of the proposed contract. Mr. Rosenberger stated that this study would cost a great deal of money and asked what the Board would do should the study indicate that the-County needs to • do more that it is doing at the present time. Dr. Fish stated that he felt this was an opportunity for the Board to find out whether or not the County does have too many employees. He stated that he felt this type thing should be done by the Board periodically to determine how efficiently the government is being run.. Mr. Rosenberger stated that he felt he was qualified to determine these I matters without the aid of management study. Upon motion made by Dr. Raymond L.'Fish and seconded by Will L. Owings, II • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the following contract with Municipal Advisors = Incorporated'to conduct a management study to include a classification and pay plan for the County of Frederick and does herein authorize the Chairman of the Board and the County Administrator to execute said contract on behalf of the County: AGREEMENT This Agreement is entered into as of , 1977, by and between Frederick County, Virginia, (hereinafter referred to as the "County ") and Municipal Advisors Incorporated, a Virginia corporation (hereinafter referred to as the "Consultant "). WITNESSETH WHEREAS, The Board of Supervisors has determined that a Management Study of , existing county administrative and operating methods and procedures is appropriate to improve current operations and present service delivery, and WHEREAS, the Board of Supervisors desires to develop.a new Personnel Management System for the County concurrently with the Management Study, and WHEREAS, the Board of Supervisors deems it advisable to retain and appoint a financial and management consulting firm to conduct a Management Study and develop a new Personnel Management System. NOW THEREFORE BE IT AGREED BY THE PARTIES HERETO: A. The Board of Supervisors hereby retains and appoints Municipal Advisors • Incorporated to conduct a Management Study and to develop a new Personnel Management System for the County B. Acting in concert with the Board of Supervisors, the County Administrator and appropriate memebers of the County staff,'the Consultant will perform a Management Study consisting of an analysis of the existing organization and operations, determine improvements that could be instituted to improve pro- ductivity and service delivery, and identify benefits accruing as a result of recommendations. The scope of work will encompass the following areas, among others: 1. Determination of Existing Conditions and Perceptions a) Interviews with members of the Board of Supervisors to ascertain II , their views concerning the present organization and operations. b) Discussions with the County Administrator and staff to develop initial impressions of matters to be-addressed during the study. C) Reveiw pertinent documents that establish and control present County Operations (i.e., code, operating budgets, various informational reports). 2. Evaluation of Present Manpower and Operations 25 1 a) Department -by- department review with respect to mission, activity descriptions, manpower, performance measures, reporting procedures. b) Determine departmental manpower requirements in terms of skill level and numbers required to accomplish departmental mission. c) Selected desk audits, field observations and job analysis in individual departmental operations. d) Identify manpower needs/skills-required by not present, or in the alternative present but not required. 3. Analysis and Management System Design a) Identify County service delivery units as well as other public, quasi - public and private agencies involved in the delivery of services to identify areas of overlap. b) Determine.what, if any, alternative structures will provide better delivery of services. • c) Evaluate economic feasibility of alternative arrangements. ii) Prepare detailed report specifying findings, recommendations for actions and follow -up action required C. Upon completion of the Management Study and upon instruction by the Board of Supervisors to proceed with the development of a new Personnel Manag:ement:Study., the Consultant will embark upon the following scope of work: 1. Initial on -site consultation, evaluation of current status and data collection • \J a) Initial meeting with County Administrator and other County officials to establish working relationships, meet staff liaison, and determine those areas of special difficulty which ought to be addressed care- fully during the study. This would include a review of the following. - existing class specifications and an assessment of nonexistent class specifications, if any - personnel recruitment and retention difficulties weaknesses and inconsistencies in the present classification and pay plan which ought to be corrected - compliance with EEOC guidelines regulating personnel management practices 2. Review and'update of Pay Plan, development of Salary Schedule and assignment of positions to Pay Ranges a a) The Consultant will conduct a survey of key industries and nearby jurisdictions to establish area -wide wage patterns for the Frederick County employment market. Data will be entered on spread sheets and pay range employment market. Data will be entered on spread sheets and pay range curves will be calculated using selected benchmark positions in order to create a Salary Schedule for the County. Pay ranges will then::;. be established. b) All class specifications will be assigned to ranges in the proposed Salary Schedule based on a systematic evaluation of job requirements, skills, educational levels and job content. 3. Preparation of revised Job Descriptions a)' Based on an analysis of the data collected in section C -1 and developed in section C -2, revised Class Specifications will be pre- pared for each position to be included in the classification plan. Each revised Class Specification will include the following major categories of information: • a - Position Title - General Definition of Work - Typical Tasks - Knowledges, Skills and Abilities - Education and Experience - Special Requirments (where indicated) Class Specifications will be written in a consistent, straightforward format'so they may be readily understood by County employees and easily updated as changes are required. b) Based on the revised Class Specifications, the Consultant will evaluate each class of positions and assign each to the new Salary Schedule based on a point factor method of job evaluation wherein job characteristics will be defined in terms of factors and degrees. Each degree will carry a point value. The comparison of point values of each position will determine their relative position within the Classification Plan and on the Salary Schedule. 4. Preparation of rules and regulations governing the Personnel Management System. ` a) Rules and regulations governing the execution and maintenance of the Classification and Pay Plan will be prepared to accompany the revised Class Specifications and Proposed Pay Plan. �2) 5. Implementation assistance a) The Consultant will meet with appropriate County Officials to explain the revised Classification and Pay Plan. Itt is intended that periodic meetings will be held with designated County staff members during the course of the study to obtain interim approval of approaches and.to keep the County fully informed concerning the progress of the study. b) Representatives of the Consultant will meet with County staff members to explain the contents of the plan and to train them in its implemen- tation.and maintenance. The Consultant will be available to Frederick County for 30 days following the completion of the study to provide periodic, short -term assistance in using the revised Classification and Pay Plan. D. Final Documents. 1. Management Study The Consultant will prepare ten.(10) copies of the Management Study final report for the use of the Board of Supervisors, the County Administrator and staff. 2. Personnel Management System The Consultant will.prepare in draft form for review by the Board of Supervisors and the County Administratorsall written material including the Pay and Classification Plan and the Schematic List of Classes; regula concerning implementations and maintenance provisions; and salary survey date and related documentation. Ten (10) copies will be provided. Upon completion of the staff review, all materials will be prepared in final form and presented in ring- binder format.(10 E. The County will undertake the following responsibilites in connection with thist: i4reement. 1. Provide all reasonable and necessary materials, records, information, staff assistance, and other resources that may be required for the proper and effective conduct of the studies. 2. Provide Consultant with desk space in'the County offices during the term of the Agreement. F. The General Provisions of the Agreement are as follows: 1. The Consultant agrees to maintain close contact with the Board of Supervisors and the County Administrator during the period of the engage- ment and to advise of findings, if any, requiring immediate attention prior to the conclusion of the studies. 2. The County agrees to pay the Consultant a total professional fee of $20,000 for performing the studies. $5,000 o•ffthe fee shall be due and payable upon the submission of the preliminary fact finding phase of each study. $5,000 shall be due and payable upon submission of each of the final reports. G. Term of the Agreement: 1. The Consultant agrees to begin the study'within 15 calendar days of the date of this Agreement and to complete the Management Study within a period::of'.90 calendar-days or less from the starting date. 2. The Consultant agrees to begin the Personnel Management Study upon noti- fication by the Board of Supervisors in writing to proceed based on their determination of an acceptable Administrative Organization. The study will be completed within a period of 60 calendar days or less from the date of the notice to proceed. IN WITNESS WHEREOF, The Board of Supervisors of.Frederick County, has caused these presents to be executed-in its.behalf by its Chairman, and its seal to be hereto affixed, duly attested by its Clerk, pursuant to due authority vested in them, and Municipal Advisors Incorporated, has caused its name to be signed hereto by its President, and its corporate seal to be hereto affixed, duly attested by its Secretary, pursuant to due authority vested in them, all as of the day, month and year first hereinbefore written. FREDERICK COUNTY, VIRGINIA ATTEST: Clerk By: Chairman, Board of Supervisors MUNICIPAL ADVISORS INCORPORATED BY: /s% President ATTEST: Secretary A • E • The above resolution was passed by the following recorded vote: Aye - S.'Roger Koontz, Will L. Owings, Dr. Raymond L. Fish, R. Malcolm an d Dennis T. Cole. Nay - Thomas B. Rosenberger. RECOMMENDATION TO EXEMPT FARM MACHINERY AND LIVESTOCK FROM PERSONAL PROPERTY TAXATION - DEFEATED Dr. Fish presented a recommendation from the Finance Committee that farm machinery and livestock be exempted from personal property taxation. approximately $48,000. Mr. Cole asked how much this would cost the County and Dr. Fish replied Mr. Rosenberger stated that he was not in favor of this recommendation inasmuch as the County is already several-hundred thousand dollars in the red and is facing a tax increase. Mr. Kenneth Stiles, President of the Frederick County Farm Bureau, appeared r1 • before the-Hoard representing the Farm Bureau, and stated that they were in full support of this recommendation. He stated that the voters of Frederick County had endorsed this proposal overwhelmingly. He then presented the votes tallied in each district on this issue. He stated that they felt the real estate tax falls unfairly on the farmer and further that a relatively small amount of people were paying the tax.on farm machinery and livestock. Mr. Stiles stated that inequities in the last general reassessment had not yet been corrected and the farmer is paying and unfair amount of real estate tax. He stated that the increased taxes would be spent 808 on salary increases and that he felt the present system of granting raises is not helping the problem. He suggested that a flat pay increase should be granted. Dr. Fish stated that the State in 1959 had permitted localities to dis- continue personal property taxes on household items because of the difficulty in administering it. He stated that taxes on farm machinery and livestock is equally difficult to administer. Mr. Koontz stated that he would not support a tax increase at this'point U in time to make up for revenue lost by the removal of tax on farm machinery and livestock but he did feel it was an unfair tax inasmuch as a very small percentage of the people are paying i -t. Upon motion made by Thomas B. Rosenberger, and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, i Virginia does herein reject the recommendation of the Finance Committee to exempt farm machinery and livestock from personal property taxation. The above resolution -was passed by the following recorded vote: - Aye Thomas B. Rosenberger, Will L. Owings, and R. Thomas Malcolm. Nay - Dr. Raymond L. Fish and S. Roger Koontz. Abstaining - Dennis T. Cole.' Mr. Stiles stated that he did not beleive a negative motion was allowed under • parliamentary procedure. -He then requested the Board to consider the removal of personal property -tax on farm machinery only. Mr. Renalds advised that Mr. Rosenberger's motion was in order.. Dr. Fish then moved to remove the personal property tax from farm machinery only. The motion died for lack of a second. Mr. Stiles then requested that the tax rate be set at a separate level on i farm machinery and livestock. Mr. Cole stated that it is at a different rate now inasmuch as it is at 308 and not 1008 as on vehicles. Mr. Koontz stated that he would refer this request to the Finance Committee for study and recommendation to the Board. 2 X N 28 Mr. Owings left the meeting at this point as he was ill and therefore will not be shown in the recorded votes of the Board in the remainder of this meeting. BUDGET ADJUSTMENT - CETA TITLE VI SPECIAL PROJECT FUNDS - APPROVED Upon motion made by Thomas B_ Rosenberger and seconded by Dennis T. Cole, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia that this Board does hereby accept CETA Title VI Special Project funds (Regional Jail) in the amount of $14,959.98 for the period April 15, 1977 through September 30, 1977; and, BE IT FURTHER RESOLVED, That the following 1976 -77 Bddget adjustment is hereby authorized: INCREASE GENERAL REVENUE FUND ESTIMATES: 05 -6800 CETA Funds $6,718.74 INCREASE GENERAL FUND APPROPRIATIONS: 18- 0181 -123 Compensation of Participants $6,718.74 The above resolution was passed by the following recorded "vote: Aye - S. Roger Koontz,•Thomas B. Rosenberger, R. Thomas Malcolm, and Dennis T. Cole. Nay - Dr. Raymond L. Fish. APPOINTMENTS MR. RICHARD DICK APPOINTED TO CAPITAL FACILITIES COMMITTEE CDon motion made by R. Thomas Malcolm'and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of-Supervisors of the County.:of °Frederick, Virginia, does herein appoint Mr. Richard Dick to serve as the citizen repre- sentative on the Capital Facilities Committee. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, R. Thomas Malcolm, and Dennis T. Cole. ROAD VIEWERS APPOINTED FOR BACK CREEK; SHAWNEE AND STONEWALL DISTRICTS The following road viewers were appointed for 1977 -1978: Back Creek District --Mr. Paul Richards. Shawnee District - Mr. Lewis Lamp, Jr. Stonewall District - Mr. Arthur L. Bragg OUTDOOR FESTIVAL APPLICATION - SAMUEL C.:.KEPHART - APPROVED W. Kephart appeared before the Board in support of his application and stated that this was the same type festival as he had had last year. [Don motion made by Dr. Raymond L. Fish and seconded by R.'Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the application for outdoor festival permit of Samuel C. Kephart in accordance-with the application submitted by Mr. Kephart dated April 11, 1977 for the dates of June 24, 24 and 26, 1977. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, R. Thomas Malcolm, and Dennis T. Cole. - OWENS PROFFITT. AND ADAMS - Upon motion made by R. Thomas Malcolm and seconded by Dr. Raymond L. Fish, BE' IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approved the following claims for livestock kill as recommended by the Dog Warden: • is • • 29 • 1 • 1. John Owens - Stonewall District - 2 laying hens.. at $2.50 = $5.00 2 ducks at $2.00 = $4.00 - Total $9.00 2. R. R. Robinson - Stonewal District - l3•.l0ying = Total $32.50 3. G. R. Arnold - Shawnee District - 8 chickens at $2.50 = Total $20.00 4. Larry Coverstone - Shawnee District - 2 laying hens at $2.50 = Total $5.00 5. Jim Proffitt - 2 pigs - 50# at $20.00 = Total,$40.00 6. E. W. Adams, Jr. - 1 calf - Total $75.00 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L.'Fish, R. Thomas Malcolm and Dennis T. Cole. ORDINANCES - FIRST AND SECOND READING 9►e following Ordinances were read on first and second reading: 1. ZMAP # 005 -77 - OF J. P. DARLINGTON, RT. 6, BOX 173 WINCHESTER, VIRGINIA, HEREBY REQUESTS THAT 197 -511 ACRES, MORE OR LESS, FRONTING THE SOUTH SIDE OF RT. 669 AND THE WEST SIDE OF RT. 670 (FRONTAGE BEG A SHORT DISTANCE SOUTH AND WEST OF INTERSECTION), NOW ZONED AGRICULTURAL - GENERAL (A -2) BE REZONED RESIDENTIAL- LIMITED (R -2). THIS PROPERTY IS DESIGNATED AS PARCEL NO.48 ON TAX MAP 2T -57 AND IS IN STONEWALL MAGISTERIAL DISTRICT. 2. AN AMENDMENT TO THE FREDERICK COUNTY CODE AS'ADOP.TED JANUARY.14 1976, AS AMENDED TO DELETE SECTION 21- 101(f) OF ARTICLE XA (DISTRICT MH -1): "Neighborhood commercial use such as drug store, grocery store'or personal services ". 3. AN AMENDMENT TO THE FREDERICK COUNTY CODE AS ADOPTED JANUARY 14, 1976, AS AMENDED, TO DELETE SECTION 21 -90(h) OF ARTICLE X (District R -6): "Neighborhood commercial uses such as drug stores, grocery stores, and personal services. Such uses shall be limited-to not more than twenty -five percent of the total floor area permitted. BUDGET ADJUSTMENT - SHERIFF'S DEPARTMENT WORK RELEASE PROGRAM - APPROVED W. Renalds presented the-request from the Sheriff's Department for a budget adjustment to transfer funds from the work release program to the Sheriff's budget. Mr. Rosenberger stated that when the Board had previously approved a similar request for the Sheriff, he understood that this would not be done again but that this money would go into the'general fund. Mr. Renalds stated-that he-felt the Sheriff had understood that these funds • J E could be transferred periodically. Upon motion made by Dr. Raymond L. Fish and seconded by Dennis T. Cole, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that in accordance with a resolution passed by this Board on November 10, 1976, $1,943.00 of work release funds received for the quarter ended March 31, 1977, are hereby appropriated for use within the 1976 -77 General Operating Fund budget: BE IT FURTHER RESOLVED, That the 1976 -77 Budget be amended as follows: NCREASE REVENUE ESTIMATES: eneral Revenue Fund: . 5 -9113 Work Release Funds $1,943.00 6 -006B -203 Prisoner Board - Other Localities $1,943.00 The above resolution was passed by the following recorded vote: Aye - . Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, R. Thomas Malcolm, Denhis T. Cole. WITH JAMES Upon motion made by Thomas B. Rosenberger and seconded by Dennis T. Cole, B:, IT RESOLVED, By the Frederick'County Board of Supervisors that the County strator is hereby authorized to execute a contract for appraisal of the Gainesboro Park Site and a contract with James D. Bell and Associates;. Inc. professional services for the planning, design, statement, and necessary 30 presentations for the proposed Gainesboro Park Site, and does further direct that'State and Federal funding be sought through the Virginia Commission on Outdoor Recreation for the said project. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz,'Thomas B. Rosenberger, Dr./Raymond L. Fish, R. Thomas Malcolm, and Dennis T. Cole. TRANSFER - Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that it is the desire of this Board that County funded employees within the Sheriff's Department receive the same salary increases as those that are two- thirds funded by the State; and, BE IT FURTHER RESOLVED, That following the above guidelines, the salary of William Bennie, Jr. Having completed his basic school on October 6, 1976, is hereby increased to $8,040 effective November 1, 1976, and, BE IT FURTHER RESOLVED, That the following transfer within the 1976 -77 General Operating Fund budget are hereby authorized: TRANSFER FROM: 18- 018E -299B Reserve for Contingencies $825.00 TO: 06G Compensation of ;7a-ilor VI - County Funded $825.00 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish,. R. Thomas Malcolm, and Dennis T. Cole. Upon motion made by Dr. Raymond L. Fish and seconded by Thomas B. R6tbhberger, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, t the resolution of March 10, 1977 acknowledging the Division of Justice and e Prevention grant for the Regional Jail Pro.ect is hereby amended as follows: Amount of Grant $46,389.00 Total Amount Appropriated $46.381.00 The above resolution was passed by the following recorded vote: Aye - Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, R. Thomas Malcolm, Dennis T. Cole. 1977 - CANCELLED Upon motion made by Dennis T. Cole and seconded BE IT RESOLVED, That the Board of Supervisors of irginia, does herein direct that the second regula he month of April, 1977 be cancelled. The above resolution was passed by the following . Roger Koontz, Thomas B. Rosenberger, Dr. Raymond nd Dennis'T. Cole. DUE TO by R. Thomas Malcolm, the County of Frederick, r meeting of this Board for recorded vote: Aye - L. Fish, R. Thomas Malcolm, ADMINISTRATOR Upon motion made by Dennis T. Cole and seconded by R.,. Thomas Malcolm, BE IT RESOLVED, By the Frederick County-Board of Supervisors that the County is hereby authorized to set forth an offer on the property at Virginia adjacent to the current County park, currently designated as • • lJ is Pacesetter Property, within the limitations of the funds proposed for parks capital outlay in the 1977 -78 Budget; said funds to be obtained from currently on hand surplus funds in an amount not to exceed the total capital outlay in the 1977 -78 proposed budget as finalized for public hearing. • The above resolution was passed by the following recorded 'vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fishy R. Thomas Malcolm , and Dennis T. Cole. - DINNER MEETING WITH FREDERICK COUNTY SANITATION AUTHORITY ANNOUNCED Mr. Koontz advised the Board that a dinner meeting with the Frederick County Sanitation Authority had been arranged for the date of May 25, 1977, after which the Board will tour the new sewage treatment plant. I Upon motion made by Dennis T. Cole and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,. 1 J Virginia does herein direct that the County offices be closed on April 29,.1977 in observance of the Shenandoah Apple Blossom Festival. _ The above resolution was passed by the following recorded vote: Aye - S.'Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, R. Thomas Malcolm, and Dennis T. Cole. PUBLIC HEARING ON PROPOSED BUDGET SET FOR MAY 4, 197 Upon motion made by R. Thomas Malcolm and seconded by Dennis T. Cole, HE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein set the date of May._:4, 1977 as the Public Hearing date on the proposed budget for fiscal.-year 1977 -78 and does further direct that action on said budget will be taken at the Regular Meeting of this Board to be held on May 11, 1977. The above resolution was passed by the following recorded vote: Aye - • 7' S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, R. Thomas Malcolm, and Dennis T. Cole. MONTHLY STAFF REPORT ACCEPTED After review, the monthly staff report was accepted! REQUEST FROM SHENANDOAH APPLE BLOSSOM FESTIVAL COMMITTEE TO USE COUNTY PLAZA - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by R. Thomas Malcolm.;- BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia, does herein approve the request of the Shenandoah Apple Blossom Festival Committee to use the County Plaza for amusement rides on the dates of April 29, April 30, and May 1, 1977: with the stipulation that no stakes will be driven into the asphalt. The above resolution was passed by the following recorded vote: Ayey= S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, R. Thomas Malcolm, and Dennis T. Cole. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. cretary, Bd. of Supervisors 31