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March 08, 1978 to March 29,197823.0 A Regular Meeting of the Frederick County Board of Supervisors was held on 8, 1978 in the Board of Supervisors' Meeting Room, 9 Court Square,-Winchester, inia. PRESENT: S. Roger Koontz; Chairman; Thomas B. Rosenberger, Vice Chairman; Raymond L. Fish; Will-L. Owings; R. Thomas Malcolm; and Kenneth Y. Stiles. The Chairman called the meeting to order. The Reverend Bill Hough of the Braddock Street United Methodist Church. vered the invocation. APPROVAL OF MINUTES Upon motion made by Kenneth'VY. Stiles and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, does herein approve the minutes of the Regular Meeting of this Board on February 22, 1978, as submitted. The above resolution was passed by the following recorded vote: Aye - . Roger Koontz, Thomas B. Rosenberger, Dr. Raymond.-L. Fish, Will L. Owings, Thomas Malcolm, and Kenneth Y. Stiles. RESOLUTION D PAYMENT THEREOF - - J Mr. Koontz stated that a follow up resolution to the County's intent to 3articipate in the upcoming VPSA bond sale had been received. He requested approval f this resolution. Mr. Thomas B. Rosenberger moved to approve the resolution and this motion s seconded by Dr.-Raymond L. Fish. Mr. Stiles stated that as he understood the resolution, once it is executed, e Board would be agreeing to accept the bonds contingent upon the interest rates g acceptable. Mr. Koontz advised that this is correct. Mr. Stiles stated that since several matters regarding the new high school still'unsettled, and since the Board will meet jointly with the School Board discuss this matter on March 14th, he felt passage of this resolution at this e would be premature. He further stated that he felt the,BOard should know t they are getting for $71/2 million dollars before action is taken on this olution. W. Stiles then moved to table Mr. Rosenberger's motion on this matter until ter the joint meeting with the School Board has been held. This motion was conded by Dr. Raymond L. Fish and defeated by the following recorded vote: e - Kenneth Y. Stiles and Dr. Raymond L. Fish. Nay - Thomas B. Rosenberger, 11 L. Owings, R. Thomas Malcolm, and S. Roger Koontz. Mr. Koontz stated that there is a time frame involved and he asked Mr. Renalds explain the time factor to the'Board. Mr. Renalds read a letter from Mr. Harry zier, bond counsel in Richmond, setting-forth the time frame for the bond e and the effect of the resolution if passed by the Board. Mr. Donald Perrault, representing the Frederick County School Board, stated t the resolution must -be passed', a court order entered, a public notice posted acted upon by the School Board before the County will be allowed to participate the bond issue. He stated that all this must be accomplished and the proper uments back in Richmorid by March 22, 1978. W. Stiles stated that he felt action on -this matter could be delayed until is • • r • 231: ch 14, 1978 following the meeting with the School Board. Mr. Renalds, stated t he did not know how long it would take to get the court order entered and s might not•.allow enough time. Mr. Rosenberger asked if the Board could either accept or reject the interest presented on March 22nd 1978 and Mr. Koontz stated that they could. Mr. Stiles asked if there was any other reason the Board could reject par- tion in the bond sale other than interest rates and Mr. Koontz answered t he did not know of any other reason for rejection. He added that a delay in of the resolution may cause us-to miss the bond issue. Mr. Rosenberger stated that the Board had'committed themselves to $71/2 million for the school and has already approved $1 million dollars. He then called lJ the question. Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia: 1. It is hereby determined to be necessary and expedient for Frederick to finance capital projects for public schools by contracting a debt in amount of Two Million Dollars ($2,000,000), issuing its School Bonds therefor • selling the same to the Virginia Public School Authority, a state agency pre- scribed by the General Assembly pursuant to Article VII, Section 10(b) of the itution of Virginia. 2. It is hereby determined to be in the best interest of Frederick County o accept the offer of the Virginia Public School Authority to purchase the bonds t a rate of interest which will produce a differential of not more than 1 /10 18 over the net interest cost to the Authority on the bonds which it will to provide the necessary funds to purchase the County's bonds, provided that • the offer of the Virginia Public School Authority shall not be finally accepted and the bonds shall not be awarded until the Board of Supervisors shall have approved the rate of interest, as finally determined, which the bonds are to bear. 3. The bonds shall be dated December 15, 1977, shall be designated "School Bonds, Series of 1978A," shall mature in numerical order in installments of $100,000 on December 15 in each of the years 1978 to 1997, inclusive without option of prior redemption and shall bear interest payable semiannually on June 15 and December 15 at such rate as may be determined prior to their sale. 4. At the request of the Virginia Public School Authority the bonds shall • I be issued initially as fully registered bonds without coupons, with one bond being issued for each maturity, numbered R -1 to R -20, inclusive. Principal and interest on the bonds shall be payable in lawful money of the United States of America at the principal office of United Virginia Bank, Richmond, Virginia. The bonds shall be signed by the Chairman of the Board of Supervisors, shall be counter - signed -by its Clerk and its seal shall be affixed thereto. 5. The fully registered bonds shall be in substantially the 'following form: (FORM OF REGISTERED BOND) No. R- - UNITED STATES OF AMERICA $100,000 COMMONWEALTH OF VIRGINIA FREDERICK COUNTY 232 School Bond, Series of 1978A Frederick County;. Virginia, for value received, hereby acknowledges itself indebted and promises to pay to the order of VIRGINIA PUBLIC SCHOOL AUTHORITY upon presentation and surrender hereof the principal sum of ONE HUNDRED THOUSAND DOLLARS ($100,000) on December 15, 19_ and to pay to the Virginia Public School Authority interest from the date hereof to maturity at the rate of per cent ( $) per year, payable semiannually on June 15, and December 15. Both principal of and interest on this bond are payable in lawful money of the United States of America at the principal office of United Virginia Bank, Richmond, Virginia. This bond is one of an issue of $2,000,000 School Bonds, Series of 1978A, of-like date and tenor, except as to number and maturity, and is issued pursuant to Article VII, Sedtion 10(b) of the Constitution..of the statutes thereof, including the Public Finance Act, as amended, to provide funds for financing capital projects for public schools. This bond may be exchanged without cost at the principal office of United Virginia Bank,' Richmond, Virginia, for an equal aggregate principal amount of coupon bonds without privilege of registration, of the denomination of $5,000 each, of the same maturity, bearing interest at the same rate and having attached thereto coupons representing all unpaid interest due or to become due thereon. The full faith and creiit of Frederick County are herel4y irrevocably pledged for the payment of principal of and interest on this bond. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exit or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and have been performed, and the issue of bonds of which this bond is one, together with all other indebtedness of Frederick County, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. IF WITNESS WHEREOF, The Board of Supervisors of Frederick County, Virginia, has caused this. bond to be signed by its Chairman, to be countersigned by its Clerk, its seal to be affixed hereto, and this bond to be dated December 15, 1977. (SEAL) Clerk, Board of Supervisors Chairman, Board of Supervisors Of Frederick County, of Frederick County Virginia Virginia 6. Fully registered bonds without coupons may be exchanged at the expense of the County at the principal office of United Virginia Bank, Richmond, Virginia, for an equal aggregate principal amount of coupon bonds without privilege of registration, of the denomination of $5,000 each, appropriately number, of the same maturities, bearing interest at the same rate and having attached thereto coupons representing all unpaid interest due or to become due thereon. Upon request of the Virginia Public School Authority, the County shall execute and deliver as soon as practicable coupon bonds in exchange for fully registered bonds. All fully registered bonds surrendered in any such exchange shall be cancelled. • • • • i' 7. Principal and interest on the coupon bonds shall be payable in lawful money of the United States of America at the principal price of United Virginia Bank, Richmond, Virginia, or, Farmers & Merchant•National Bank,'Winchester, Virginia, at the option of bearer. The bonds shall be signed by the manual or facsimile signature of the Chairman of the Board of Supervisors, shall be counter- signed by its Clerk and its seal shall be affixed thereto or a facsimile thereof printed thereon. The coupons attached to the bonds shall be authenticated by the facsimile signatures of the Chairman and Clerk. 8. The coupon bonds and the coupons attached thereto shall be in is substantially the following form: No. COUNTY • School Bond, Series of 1978A $5,000 Frederick County, Virginia, for value received, hereby acknowledges itself indebted and...promises to pay to bearer upon and surrender hereof the principal sum of FIVE THOUSAND DOLLARS ($5,000) on December 15, 19 and to pay interest thereon from the date hereof to maturity at the rate of (FORM OF COUPON BOND) UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA per cent ( m %) per year, payable semiannually on June 15 and December 15 upon presentation and surrender of the attached coupons as they become due. Both principal of and interest on this bond are payable in lawful money of the United States of America at the principal office of United Virginia_Bahk Richmond, Virginia, or, Farmers Merchants National Bank, Winchester, Virginia, at the option of bearer. This bond is one of an issue of $2,000,000 School Bonds, Series of 1978A, LJ r of like date and tenor, except as to number and maturity, and is issued pursuant to Article VII, Section 10(b) of the Constitution of Virginia and the statutes thereof, including the Public Finance Act, as amended, to provide funds for financing capital projects for public schools. The full faith and credit of Frederick County are hereby irrevocably pledged for the payment of principal of and interest on this bond. All acts, conditions and things required by the Constitution_ and statutes • of the Commonwealth of Virginia to happen, exist or be performed precedent- toL.a -id in the issuance of this bond have happened, exist and have been performed, and the issue'. of bonds of which -this -bond is one, together with all other kridebtedness of Frederick County:, is within every..debt and other limit pre- by the Constitution and'statutes of the Commonwealth'of Virginia. IN WITNESS WHEREOF, The Board of Supervisors of Frederick County, Virginia, has caused this bond to be signed by the manual or facsimile signature of its Chairman, to be countersigned by its Clerk, its-seal to be affixed hereto or a facsimile thereof printed hereon, the attached interest coupons to be authen- ticated by the facsimile signature of its Chairman and Clerk, and this bond to be dated December 15, 1977. COUNTERSIGNED: 23 0 , 0 234 Clerk, Board of Supervisors of Frederick County, Virginia (SEAL) 1.116 11 111611 / DV61LL V1 J of Frederick County, Virginia (FORM OF COUPON) No. $ , June On December 15, 19 Frederick County, Virginia, will pay to bearer the sum of Dollars ($ ) in lawful money of the United States of America at the principal office of United Virginia Bank, Richmond, Virginia, or, Farmers & Merchants National Bank, Winchester, Virginia, at this option of bearer, being the semiannual interest then due on its School Bond, Series of II 1978A, dated December 15, 1977, and numbered is Clerk, Board ) of Supervisors Chairman, Board of Supervisors Of Frederick County, of Frederick County, Virginia Virginia 9. The•,fullifii£h'.:and..credit of Frederick County are hereby irrevocably , pledged for the payment of principal of an interest on the bonds. There shall be levied and collected annually on all taxable property in the County an ad • valorem tax over and above all other taxes authorized or limited by law sufficient to pay such principal and interest as the same respectively become due and payable. 10. After the bonds have been awarded, the Chairman and the Clerk of the Board of Supervisors are hereby authorized and directed to take all proper steps to have the bonds repared and executed in- accordance with their.terms and to deliver the bonds to the Treasurer of Virginia on behalf of the Virginia Public School Authority upon payment therefor. 11. The Clerk of the Board of Supervisors is hereby authorized.and directed to cause a certified copy of this resolution to be delivered forthwith to the • Clerk of the County School Board of Frederick County. The bonds hereby authorized shall not be issued until the County School Board shall have adopted an , appropriate resolution consenting to the issuance of the bonds. 12. Such officers of Frederick County as may be requested are hereby authorized and directed to execute an appropriate certificate setting forth the expected use and of the proceeds of the bonds issued pursuant hereto in order to show that such expected use and investment will not violate the provisions of Section 103(c) of the Internal Revenue Code of 1954, as amended, and'regulations issued pursuant thereto, applicable to "arbitrage • bonds." Such certificate shall be in such form as may be requested by bond counsel for the County. 13. The Clerk of the Board'of Supervisors is hereby authorized and directed to cause a certified copy of this resolution to be filed forthwith with the Circuit Court of Frederick County and within ten days thereafter to cause to be published once in a newspaper having general circulation in the County a notice setting forth (1) in brief and general terms the purpose for which the bonds 1 are to be issued and (2) the amount of such bonds. 14. All resolutions or parts of resolutions in conflict herewith are hereby repealed. 15. This resolution shall take effect immediately. 235 The above resolution was passed by the following recorded vote: Aye - 3. Roger Koontz, Thomas B.. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm. Nay - Kenneth Y. Stiles. 1 • CONDITIONAL USE PERMIT NO. 007 -77 - MRS. ADAM B. MYERS - AMENDED The Conditional Use Permit of Mrs. Adam B. Myers was presented by Mrs. Dorothea en, Zoning Administrator. Mrs.. Stefen stated several restrictions were nmended one of which would deal with a non - ambulatory patient. Mr. Malcolm advised that if Mrs. Myers is going to have non - ambulatory ants, she must have a sprinkler system; however, this cannot be accomplished l'the Sanitation Authority reaches this area. He advised that Mrs. Myers has stated that this will be installed when water service is available. Mr. Malcolm stated that she has a waiver of liability from the patients family. bYs..Stefan presented this waiver of liability and stated that the Commonwealth has advised that this is in order. Upon motion made by Thomas B. Rosenberger and seconded by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, , does herein approve the amendment to Conditional Use Permit No'.' 007 -77 u f Mrs. Adam B. Myers to operate a home for adults on her property located in the t Addition, Broad Avenue, in the Shawnee Magisterial District with the following conditions: 1. Care limited to four (4) patients only. One of the four patients may be nonambulatory if a waiver of liability is presented. All other patients must be ambulatory. 2. All fire safety and building code requirements must be met by June 1, 1978. 3. If a state license is not received by June 1, 1978, then the permit is subject to review. 4. Septic tank must comply with Health Department requirements. • The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, JR. Thomas Malcolm, and Kenneth Y.'Stiles. PLAT REVISION - FUNKHOUSER LOTS - SHAWNEE MAGISTERIAL DISTRICT - APPROVED Mr. Renalds presented the requested plat revision of the Funkhouser Lots located in Shawnee Magisterial District. There wasr+no opposition. 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 approve the plat revision of the Funkhouser Lots located in Shawnee Magisterial District to- combine Lots 2-and 3 with portions of Lots 1 and 14. The above resolution was passed by the following - recorded vote: Aye - • IS. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, JR. Thomas Malcolm and Kenneth Y. Stiles. APPOINTMENT OF JAMES W. GOLLADAY, JR.. TO CAPITAL FACILITIES COMMITTEE Pursuant to agreement by members of the Board, Mr. Koontz appointed Mr. James W. Golladay, Jr. to serve as the Planning Commission representative on the Joint County /City Capital Facilities Committee. PUBLIC HEARING D THE FREDERICK TTTDV lA 107G - 18. SUBDIVISION 3 236 Mr. Renalds presented the Ordinance to Amend the Frederick County Code, pter 18, Subdivision of Land, Adopted January 14, 1976 and stated that this ndment would the Code back in its original state. He advised that this ..a joint public hearing with the Planning Commission and input should be taken; that the Planning Commission should take action on the ordinance but the would not be able to take action until the City of Winchester acts on March 14, 1978. W. Wilson of the The Knolls appeared before the Board and asked that the consider people who buy property and are told by the developer that the ds will be brought up to state standards but find that this is not the case. stated that he felt the landowners should be protected and the Board should developers to set forth the in?deeds of conveyance whether or not the will be built to state standards. He stated that he did not feel the ictions placed on the large lot subdivisions should be rescinded. W. Koontz advised that the Board is very interested in protecting the citizens but the correct procedures must be followed. 'W. Sam Lehman, President of the Taxpayers Association, appeared-before the "Our Board of Supervisors shall excercise no jurisdiction over land purchase .rand presented the following statement on behalf of the Taxpayers Association: the basis of rights -of -way, provided that parties to the transaction stipulate in writing and record with the deed their awareness of any.limitations to that right -of- way." Mr. Tom Glass, Developer'; appeared before the Board and stated that he felt it was important to have restrictions on the rights -of -way in all subdivisions. He suggested that when this matter is studied, the developers, builders and engineers work together with the governing body to develop a good ordinance which takes into account all phases of development, i.e., number of roads, sizes, locations, etc. Mr. Stiles asked if Mr. Lehman's statement regarding limitations of rights- of -way being set forth in a deed of conveyance would cover Mr. Glass' suggestion and Mr. Glass stated that he did not feel that it would; that he felt it must be constrolled at the County level. Dr. Fish stated that he was very much in favor of the Emergency Legislation and the amended ordinance as they were enacted, but that he would have to vote to amend it back to its original status inasmuch as there appears to be some question of legality as the ordinance presently is written. He.stated that he hoped the Board would be able in the near future to take steps to remedy the problems which exist in the large lot subdivisions.. Mr. Rosenberger stated that the Planning Commission had discussed this matter very thoroughly and investigated many angles. that the Planning Commission would like to meet with the Board before anything else is enacted so that all aspects might be studied and interest of all the people in Frederick County might be considered. W. Koontz stated that he felt this reflected the feelings of the Board of Supervisors. He then asked the Chairman of the Planning Commission if they were ready to act on this amendment. W. C. Langdon Gordon stated that the Planning Commission would still like to have some sort of legislation enacted which will address such items as those discussed by Mr. Glass and many other citizens' concerns. He stated that the • • E Planning Commission recommended to the Board of Supervisors that the Ordinance C� • • • J Adopted December 14, 1977 be amended to read as follows: ORDINANCE TO AMEND THE ADOPTED January 14,'1976, to read: COUNTY CODE, CHAPTER 18, SUBDIVISION OF LAND, 18 -2 Definitions. Street, Major A heavily traveled thoroughfare or-highway that carries a large volume of through traffic exceeding 500 vehicles per day. Street, Minor. A street that is used primarily as a means of public access to abutting properties with anticipated traffic of less than 500 vehicles per day. UBDIVIDE: To divide any tract, parcel or lot of land into two (2) or more parts, except however, a. The term "to subdivide" shall not include: 1. A bona fide division or particion of agricultural land for agricultural purposes, or 2. A building site that conforms to zoning and shape requirements intended for of the family owning any such agricultural lands,.or 3. The division of land into lots or parcels of land of five (5) or more acres. In this case, only a plat shall be sub- mitted to the administrator for review and shall otherwise be exempt from the requirements of this ordinance. b. The administrator may, however, permit the seperation of one (1) parcel from a tract of land without complying with all requirements of the ordinance if it is (1) -not in conflict with the general meaning and purpose of the ordinance. (2) -no new streets are required to serve the parcel. (3) -meets the requirements of the zoning district, and (4) -not less than 150 foot frontage on a right -of -way accepted for maintenance by the Virginia Department of Highways. 18 -35.1 DELETE 18 -46.1 Minimum Widths: The minimum width of proposed streets, measured from lot line, shall be as shown on the major street plan, or if not shown on such plan shall be: a. Major streets not less than eighty (80) feet; b. Minor streets - not less than sixty (60) feet; c. Alleys,.if permitted, not less than twenty (20) feet nor more than twenty -eight (28) feet. 18 -47 Construction Requirements: In:!cases where the Virginia Department of Highways specifications are lacking or are less restrictive than the requirements of this ordinance, this ordinance shall prevail, but in all cases streets shall be inspected and approved by the Department of Highways :(exceptions: Areas zoned R -5 Residential Recreational Community) . a. The roadway shall be graded to a minumum of thirty (30) feet exclusive of side ditches. b. Depth of base shall be approved by the Virginia Department of Highways. C. If the subdivider constructs curbs and gutters or sidewalks or both, the minimum pavement width for an eighty (80) foot wide right -of =way from face of curb to face of curb shall be sixty - five (65) feet,'and for sixty (60) foot wide right -of -way the pavement shall be forty -five (45) feet from face of curb to face of curb. The curbing shall have a minumum width of six (6) inches on either side of the street for placing of utilities, and then a sidewalk on either side with a maximum width of five (5) feet and a minimum width of four (4) feet and adjacent to the property line. _. d. Streets constructed without curb and gutter and /or sidewalks. shall have a minimum pavement width of twenty -two (22) feet constructed of material passing Virginia-Department of Highways specifications. The pavement will consist of a bituminous oil primer treatment and double sealed treatment with rates of application to be in'accordance -with the Virginia Department of Highways specifications. e. The grades of streets submitted on subdivision plats shall be approved by the administrator upon recommendation of the Highway Engineer prior to final action by the administrator. Wherever X feasible, street grades shall not moceed.ten (10) percent unless, approved by the administrator. 237 2:38 uld any section or provision of this ordinance be declared invalid or un- stitutional,.such decision shall not affect the validity or constitutionality. any other section or provision of this ordinance. ordinance shall be in full force and effected upon adoption and - enactment by Frederick County Board of Supervisors. The above motion was seconded by Manuel C. DeHaven and passed by the following II ' ded vote: Aye - W. French Kirk, Manuel C. DeHaven, James W. Golladay, Jr, . Langdon Gordon, and Frank Brumback. Nay - E1mer'Venskoske. Mr. James W. Golladay, Jr. then moved that the Planning Commission begin on a new section to the Subdivision Ordinance and that the Commission request tings with the Board of Supervisors as necessary on.this matter. The motion as seconded by W. French Kirk-and passed by the following recorded vote: Aye - French Kirk, Manuel C. DeHaven, James W. Golladay, Jr., C. Langdon Gordon, • rank Brumback and Elmer Venskoske. Mr. Koontz thanks the Planning Commission for their work on this matter and ised that the meetings requested by the Planning-Commission would be arranged. Mr. Stiles asked if the Board of Supervisors could act on this matter their meeting with the School Board on March 14, 1978 provided City cil has taken action by this date and Mr. Koontz stated that he would see if was permissable. ' COMMITTEE RECOMMENDATIONS Finance Committee Recommendations • Mr. Rosenberger presented the recommendations from the "Finance "Committee and following action was taken: ESTABLISHMENT OF CAPITAL FACILITIES FUND - FAULKNER ESTATE PROCEEDS - APPROVED Mr. Rosenberger stated that the Finance Committee recommended establishment a Capital Facilities Fund; that the proceeds of the Faulkner - Estate be deposited n this fund in order to earn interest. Yr. Malcolm asked if the estate had specified how the money could be used Mr. Renalds advised that they would desire to have something of a permanent re constructed as a memorial to Mr. Faulkner. Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, ' Virginia, does herein direct the County Treasurer to establish a Capital Facilities onstruction Fund and to transfer the funds received from the Phillip O. Faulkner state to this fund; and, BE IT FURTHER..RESOLVED, That the Treasurer is instructed to invest,.said funds ith the interest earned to be deposited to and become a part of the fund balance; BE IT FURTHER RESOLVED, That the funds deposited in this account be earmarked II • future capital facilities construction as determined by the Board. The above resolution was passed by the following recorded vote: Aye - • Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, • Thomas Malcolm, and Kenneth Y. Stiles. TRANSFER OF 1973 PLYMOUTH FROM COUNTY TO SCHOOL BOARD - APPROVED Upon motion made by Thomas B. Rosenberger'and seconded by Dr. Raymond L..Fish, II I BE IT RESOLVED, That the Board of Supervisors of the:County of Frederick, Virginia, does herein approve the transfer of the title to the 1973 Plymouth, ly utilized by the Plumbing Inspector, from the County to the Frederick School Board, inasmuch as said vehicle has been phased out of service by County Administration. 23.9 The above resolution was passed by the following recorded vote: Aye - . S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, R. Thomas Malcolm, L. Owings and Kenneth Y. Stiles. i U BUDGET ADJUSTMENT - REGIONAL JAIL PROJECT. - APPROVED Upon motion made by Thomas . B. Rosenberger and seconded by Kenneth Y. Stiles, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia that the extension of DJCP Grant #76- A3977E (Regional Jail Project) for four (4) months, March 1, 1978, to June 30, 1978, is hereby authorized; and, BE IT FURTHER RESOLVED, That the Finance Director is hereby authorized to the necessary budget adjustments which shall reflect said extension and any r adjustments and that may become necessary during the life of this project. The above resolution was passed by the following recorded vote: Aye_- i. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. Finance Committee Report Mr. Rosenberger stated that the Finance Committee had met twice, mainly on ions the County makes to various organizations and to discuss salaries as • related to the recent managment..study. He advised that the Committee would have some recommendations to make to the Board on these matters at a later date. Mr. Koontz stated that he had been-- contacted by a citizen regarding the storage tanks located at General Electric. He requested the Committee on ineering and Code Enforcement - to investigate the bulk storage tanks located in the County and thereafter present recommendations to the Board regarding same. DISCUSSION COUNTY FIRE-COMPANIES Mr. Koontz stated that two fire companies had requested that the Board appoint committee or set forth some means by which we might become involved in some of their problems. He stated that he had responded that the Board's position has that the fire companies were separate units to which we contribute but at • this point in time there was a reluctance for the Board to become involved or appoint any type committee. The -Board agreed with Mr. Koontz statement. ROAD BUMP STONEBROOK FARMS SUBDIVISION ENTRANCE REFERRED TO HIGHWAY DEPARTMENT Mr. Rosenberger stated that he was under the impression that the large in the road near the entrance to Stonebrook Farms Subdivision would be and that as of this date this has not be done. He requested that this • tter be referred to the Highway Department for investigation and possible removal. The Board concurred. HAZARDOUS CONDITION-CEDAR CREEK GRADE REFERRED TO THE HIGHWAY SAFETY COMMISSION Mr. Rosenberger requested that the Highway Safety Commission investigate the zardous conditions of Cedar Creek Grade in the vicinity of Route 37 approaching nchester and that such items as sharp turns, speed limits, signs, etc. be ssed as well as the overall dangerous areas in this section of road. The Board concurred. ORDINANCE - FIRST AND SECOND READING The following ordinance was presented on first and second reading: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, SECTION 21- 16(w), 21- 26(y), 21- 103(k) 21- 109(3b), 21- 120(u)(v), 21- 127(z)(aa), 21 -150, 21 -151, 21 -152, 21 -153, 21 -154, 21 -155, and 21 -156, ZONING, ADOPTED NOVEMBER 1, 1973. RPM us INSPECTIONS DIRECTOR CROSS TRAIING PROGRAM - DISCUSSED Mr. Rosenberger asked the Inspections Director if the lax period in con- struction he'is presently experiencing has allowed him to begin cross training s personnel as planned. Mr. Brown replied that he had started this program that it is progressing well. MONTHLY STAFF REPORT ACCEPTED After review the monthly staff report was accepted. BUDGET DISCUSSION The following individuals met with the Board to discuss the upcoming 1978 -1979 Federation of the Blind - Lois Everline Electoral Board - Alfred Snapp Health Department - Dr. Hatfield and Roy Williams Chapter 10 Board - David Schwemer; Catherine Monte, Robert Sowers, Jim Sumption and Dick Bethune Parks and Recreation Commission - Bill Pike. UPON MOTION MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN UNTIL MARCH 14, 1978, AT 7:30 P.M. 9 P. Viso cretary,. Board of Supervisors An Adjourned Meeting of the Frederick County Board of Supervisors was held March 14, 1978, at 7:30 P.M. in the Board of Supervisors' Meeting Room, 9 rt Square, Winchester, Virginia. PRESENT: S. Roger Koontz., Chairman; Thomas B. Rosenberger, Vice Chairman; Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Kenneth Y. Stiles. The Chairman called the meeting to order. DISCUSSION - NEW HIGH SCHOOL Mr. Koontz asked the Chairman of the School Board to bring the Board of sors up to date on the building plans for the new high school. Dr. Donald Warner advised that the original square footage planned for the school was 209,000 square feet; that this had been reduced to 204,000 square feet last July and again reduced by 16,000 square feet to 188,000 square feet since January, 1978. He advised that the seating capacity of the gymnasium had been reduced from 2,200 people to 1,800 and this would make the new gym slightly larger than the one in the Robert E. Aylor Junior High School. Dr. Warner advised that the gym will contain 12,500 square feet at a cost of $36 per square foot. He stated that the state had set the capacity of the new school at 1,330 using a figure of 140 square feet per pupil. Mr. Stiles stated that based upon the recution proposed by the School Board, this calculation of the cost of the new school would be $8,078,200 which he obtained by deducting 36 square feet times the reduction in square footage, utilizing the figures of 1,330 students and a rate of 140 square foot per pupil. This total cost includes construction, architect, and engineering fees, equipment and contingencies.' Mr. Hubert Stratton presented the preliminary site plan for the new school I J • r 1 U • • _.241 pointed out the building, stadium, parking area, of ingress and egress tennis courts. He also presented the upper and lower level floor plans noting t certain area reduction of approximately 100 square feet were made within the to reduce square footage and the cost. He advised that additions could LI • made on the east and southeast portions. Mr. Stratton stated that preliminary drawings would be completed and presented the School Board at the next School Board meeting;.that the plans would then go Richmond and upon their return, further plans would be developed. Dr. Wright stated that besides-square footage reduction, cost reductions ld be made outside the building on the campus. He advised that no further or reductions should be made in the school plant. Dr. Wright noted that at the figure of $7.5 million dollars, the stadium will have to be postponed as 1 as paving in some places; that some landscaping and site work would also have to be delayed. Dr. Wright discussed briefly construction management and stated that a bid for under $7.5 million dollars could not be obtained under the conventional ng procedure. • Mr. Stiles stated that in discussions with a Richmond Official, it was indicated that 126 square feet per pupil was the average statewide figure, that some schools have more and some less. He stated that according to the Richmond Official 98 square feet to 146 square feet was the range they had approved in the past for other localities. Mr. Stiles questioned a square footage of 140 square feet per pupil for this proposed school inasmuch as it is in the upper range. Dr. Wright advised that according to input from various committees,.the indicated square footage was necessary. He stated that the School Board did not want to come back in-the near future for major modifications inasmuch as they are planning in terms of 50 years or greater. Mr. Rosenberger asked Dr. Wright about the use of the new school as a • community center and Dr. Wright pointed out the use of the junior high schools for recreation and other community uses. He stated that the current plans call for community recreational use of the new facility... He added that the School Board is attempting to provide the best possible facility for $7.5 million dollars. Mr. Rosenberger asked about the plans for the auditorium and Dr. Wright replied that the seating capacity would be 700 people. Mr. Ralph Shockey pointed out the deficiencies of the standard bidding method, such as unknown.total cost until bids are received, time delays, etc He advised that management is especially adaptable to projects • of this size. Mr. Shockey pointed out the following advantages of construction management. (1) A construction manager, architect and owners all form a team . which is involved in the project from its inception. (2) Construction Management can: I (a) work with soil surveys, building site, feasibility, cost analysis, and the plans as they unfold (b) help owner make decisions as project progresses which provides flexibility in changing construction methods and thereby affects time, costs, etc. (c) assist the architect in building design. (d) Monitor complete scheduling of project, i.e. architect's.time, field tests, etc. (e) Provide for scheduling materials and purchasing prior to major cost increases; use of phased construction; advance materials purchase, etc.; provides cost control to keep within the budget '242 (f) Expedites Construction - Example: Excavation could begin by_ April 10th with construction management but with the standard procedure it could not be started until fall. With construction management,foundations could be started by May 22nd and the structure by June 19th; with the standard procedure this would be delayed until next October (construction management would cut a year off the project). Mr. Shockey stated that construction management is noted for quality and cost savings as well as expediting the time frame. (g) Alertness to changes; more flexible to change orders with sub - :contractors and suppliers. (h) Owner only pays for what actually goes into the building; subcontractors and suppliers cannot cut corners as in the standard bid methbdc: Mr. Stiles mentioned the details of a construction management proposal to the City of Winchester on Handley High School. He asked that a similar proposal on the Frederick County project be presented to the Board of Supervisors and Mr. Shockey indicated that this-would be done. Mr. Shockey stated that he would subcontract all construction except such things as supervision and other specialities; that he would not use his forces. He advised that if bids are a problem, he may do some df the work with his forces. Mr. Stiles noted Code requirements of competitive bids where state money is involved and Mr. Shockey assured him that all of the project would be bid and in no way come into conflict with the Code of Virginia. Mr. Stiles asked how Mr. Shockey's fee would be determined and Mr. Shockey advised that the total project cost would be based on all things going into a fee; that the fees would be broken down into categories of all overhead'and net it. He stated that there would be a fixed fee at a point in the project when it could be determined and that the fee basis would not be a percentage of con- struction cost. Dr. Wright stated that the School Board plans to move ahead with the con struction of the school. He noted-the entrance road and advised that the situation arding the drainage problem has improved have produced positive results. BUDGET DISCUSSION He stated that the borings on the Dr. Wright made introductory remarks concerning the proposed school budget presented a handout to the Board members showing a comparison operation f local expenditures with other Dr. Wright then passed out the new working budget and stated that due to an error in addition there was a mistake of $33,300 in the original working budget mailed to the Board Members. He stated that the total budget would be reduced by the $33,300 figure.- Dr. Wright.noted an 88 salary increase and presented a total personnel breakdown and new personnel sheet. W. Stiles asked about the policy on promotion from within for vacancies and Dr. Wright stated that if all other qualifications are equal, the Frederick County staff is given favorable consideration. Dr. Wright then presented the salary scale and noted that the 8% increase is set on base salary and not on additional money for advanced work or degrees'. He advised that $500 had been added to this years beginning salary and the scale was generated from this point. He advised that each year there had been an arbitrary beginning salary step established by the School Board. Dr. Wright stated that the bus drivers were given a 108 increase. He advised that al.18 across the board pay reduction reduces the budget'by.',$50;.000. The. Superintendent presented Expenditure and Revenue budget estimates and I • J • • n U 243 answered questions on line items. He also presented a handout on relative amounts of local, state and federal :money funding school operating fund. The Board recessed for five•minutes. 1 Upon motion made by Kenneth Y. Stiles and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of -the County of Frederick, a, does herein approve the following ordinance, on third and final reading: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 18, ADOPTED JANUARY 14, 1976, • is • 1 • 1 _ ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 18, SUBDIVISION OF D, ADOPTED January 14, 1976, to read: 18 -2. Definitions. Street, Major A heavily traveled thoroughfare or highway that carries a large volume of through traffic exceeding 500 vehicles per day. Street,:'Minor. A street that is used primarily as a means of public access to abutting properties with anticipated traffic of less than 500 vehicles per day. SUBDIVIDE: To divide any tract, parcel or lot of land into two ;(2) or more parts, except however, a. The term "to subdivide" shall not include: 1. A bona fide division or partition of agricultural land for agricultural purposes, or 8 -35.1. 118 -46.1 2. •A building site that conforms to zoning and shape requirements intended for members of the family owining any such agricultural lands, or 3. The division of land into lots or parcels of land of five (5) or more.acres. In this case, only a plat shall be submitted to the administrator for review and shall otherwise be exempt from the requirements of this ordinance. b. The administrator may, however, permit the separation of one (1) parcel from a tract of land without complying with all requirements of the ordinance if it is (1) -not in conflict with the..general meaning and purpose of the ordinance, (2) -no new streets are.required to serve the parcel, (3) -meets the requirements of the zoning district, and (4) -not less than 150 foot frontage on a right -of -way accepted for maintenance by the Virginia Department of Highways. DELETE Minimum Widths: The minimum width of proposed streets, measured from line to lot line, shall be as shown on the major street plan, or if not shown on such plan shall be: a. Major streets - not less than eighty (80) feet; b. Minor streets - not less than sixty (60) feet; ,c. Alleys, if permitted, not less than twenty (20) feet nor more than twenty -eight (28) feet. 1 18 -47 Construction Requirements: In cases where the Virginia Department of Highways specifications are lacking or are Tess restrictive than the requirements of this ordinance, this ordinance shall prevail, but in all cases streets shall be inspected and approved by the Department of Highways (exceptions: Areas zoned R -5 Residential Recreational Community). a. The roadway shall be graded to a minimum of thirty (30) feet exclusive of side ditches b. Depth of base shall be approved by the Virginia Department of Highways. C. If the subdivider constructs curbs and gutters or sidewalks or both, the minimum pave;vent..width for an eighty (80) foot wide right -of -way from face of curb to face of curb shall be sixty - five (65) feet, and for sixty (60) foot wide right -of -way the pavement shall be forty -five (45) feet from face of curb to face. of curb. The curbing shall have a minimum width of six (6) inches on either side of the street, then there shall be a minimum of.a two (2) foot width on either side of the street-:for placing of utilities, and then a. sidewalk on either side with a ..:maximum. +.width of five (5) feet and a minimum width of four (4) feet and adjacent to-the property line. 2:4.4 d. streets constructed without curb and gutter and /or sidewalks shall have a minimum pavement width of twenty -two (22) feet constructed of material passing Virginia Department of Highways specifications. The pavement will consist of a bituminous oil primer treatment and double sealed treatment with rates of application to be in _accordance with the Virginia Department of Highways specifications. e. The grades of streets submitted on subdivision plats shall be approved by the administrator upon recommendation of the-Highway Engineer prior to final action by the administrator. Wherever feasible, street grades shall not exceed ten (10) percent unless approved by the administrator. Should any section or provision of this ordinance be declared invalid or unconstitutional, such decision shall not affect the validity or constitutionality of any other section or provision of this ordinance. This ordinance shall be in full force and effect upon adoption and enactment by the Frederick County 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 Kenneth Y. Stiles. . BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by Thomas B. Rosenberger, seconded by Kenneth Y. Stiles and passed unanimously, the Board Retired into Executive Session in accordance with Section 2.1 -344, Subsection 1 of the Code of Virginia, 1950 as amended, to discuss personnel. BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by R. Thomas Malcolm, seconded by Kenneth Y. Stiles and passed unanimously, the Board withdrew from Executive session. BOARD RECONVENES.INTO REGULAR SESSION Upon motion made by R. Thomas Malcolm, seconded by Kenneth Y. Stiles and passed unanimously, the Board reconvened into Regular Session. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT BOARD OF SUPERVISORS DO NOW ADJOURN UNTIL MARCH 22, 1978, AT 12:15 P.M. . `Z cretary, Board of Supervisors An adjourned Meeting of the Frederick County Board of Supervisors was held ,li on March 22, 1978, at 12:15 P.M. 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 Kenneth Y. Stiles. The Chairman called the meeting to order. INTEREST RATE OF 5.08% - VPSA SCHOOL BONDS - APPROVEb It was reported to the meeting at 12:32 P.M. that the best bid received by the Virginia Public School Authority for purchase of its School Financing Bonds, Series 1978A, called a net interest cost of 4.982298 and that the Authority has offered to purchase at a price of par and accrued interest the $2,000,000 School Bonds, Series of 1978A, of Frederick County at an interest rate of 5.088 per year, payable on each June 15 and December 15. • • ,• 1 r� U d Thereupon the following resolution was adopted by the following roll call vote: 245 � I • MEMBER Thomas B. Rosenberger Dr. Raymond L. Fish S. Roger Koontz Will L. Owings_ R. Thomas Malcolm , Kenneth Y. Stiles BE IT RESOLVED BY THE BOARD OF ' VOTE ' Aye Aye Aye Aye Aye Aye OF FREDERICK COUNTY VIRGINIA, that the $2,000,000 School Bonds, Series of 1978A, of 'Frederick County, heretofore authorized by resolution adopted by this Board on March 8, 1978, be and the same are hereby sold to the Virginia Public School Authority at a price of par and accrued interest from the date of the bonds to the date of delivery and shall bear interest at the rate of par and accrued interest from the date of the bonds to the date od delivery and shall bear interest at the reat of 5.088 per year. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT r C J THE BOARD OF SUPERVISORS DO NOW ADJOURN. FE 0� 1 Secretary, Board of Supervisors A Regular Meeting of the Board of Supervisors of the County of Frederick, irginia, was held on March 22, 1978, at 7:00 P.M. in the Board of Supervisors' ng Room, 9 Court Square, Winchester,. Virginia. PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice Chairman; . Raymond L. Fish; Will L. Owings; R. Thomas Malcolm; and Kenneth Y. Stiles. The Chairman called the meeting•to order. INVOCATION The invocation was delivered by Reverend Josiah Andrews of the United • Church. APPROVAL OF MINUTES Upon motion'made by Kenneth Y. Stiles and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the'County of Frederick, , does herein approve the minutes of the Regular Meeting of this Board ld on March 8, 1978, and Adjourned Meeting held on March 14, 1978, as submitted. The above resolution was passed by the following recorded vote: Aye - is . Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, Thomas Malcolm, and Kenneth Y. Stiles. KEITH LUPTON REAPPOINTED TO THE PARKS AND RECREATION COMMISSION Mr. Koontz stated that there will be.two vacancies on.the Parks and eation Commission as of April 28, 1978, one from the Back Creek.-District one from the.Stonewall District. Mr. Stiles requested that the appointment of a representative from Stonewall istrict be carried forward to the next meeting. The Board concurred. Upon motion made by Thomas B. Rosenberger acid seconded by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, nia,'does herein reappoint Keith Lupton to serve as the Back Creek re- ntative on the Frederick County-Parks and Recreation Commission for a term of (4) years, said term to commence on April 29, 1978 and terminate on April 28, 2. 2 The above resolution was passed by the following recorded vote: Aye - . Roger Koontz, Thomas B. Rosehberger',.Dr.'Raymond L:..F.ish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. FREDERICK MALL.SUBDIVISION - GAINESBORO DISTRICT - APPROVED Mr. Berg presented the plat of the Frederick Mall Subdivision stating that 11 approvals had been met and that the Planning Commission recommended approval of said plat. Mr. Malcolm asked Mr. Berg to comment on Lots 1 and 3 havingy a 50 foot right -of -way to Rt. 522 when the legend sets forth 80-feet and Mr. Berg replied that the access to the property would be over a.50 foot right -of -way to Fox Drive. Mr. Malcolm asked what type commercial use would be located on the property and'Mr. Berg ?advised.ithat.the proposed uses are a bank building and a convenience store. Mr. Rosenberger stated that the Planning Commission had discussed the right- -way to this property quite thoroughly and was in total agreement that this was the best plan for total use of the property. Mr. Stiles- -aske&' -if the�bank would be located on Lot No. 1 and Mr. Harry Benham, representing Frederick Mall Subdivision, stated that the only definite at this time is for a convenience store on Lot No. 1 with a bank to be located in the shopping area at the rear. He stated that their intention at this time is to scrap Lot No. 3. Mr. Koontz stated that was some concern about this property being loped in-.a piecemeal fashion. He asked if there was an overall plan total acreage and Mr. Benham stated that there was not such a plan at this t in time but that he could give only indications of their proposal to the Board. The proposed entrances and exits to the property was discussed at length. . Benham advised that the entrance off Rt. 522 would be located at the cross- and the entrance off Fox Drive would be located 310 feet from Rt. 522. He vised that there is a frontage of 600 feet on Fox Drive and possibly two entrances be constructed. He described the surrounding property stating that there three houses in this area and a vacant tract of land. Mr. Owings asked if there was a master plan for this property and Mr. Berg stated that there is but it is still in discussion; that the Board is dealing only th these three lots at this time. Mr. Koontz asked Mr. Benham if he was aware that the Highway Department may o through this property and he stated that he was aware of this possibility. Dr. Fish asked if there would be a deceleration lane on.Rt. 522 approaching the entrance to the property and Mr. Benham replied that there would.not. Dr. Fish stated that he felt this should be considered inasmuch as this section of road is accident prone and the traffic travels at a rate of 55 to 65 miles per hour. Mr. Benham stated that he would be happy to discuss this with the Highway Department. Mr. Rosenberger suggested that the Board request this - section of road be rked a school zone inasmuch as the Apple Pie Ridge Elementary School and the new senior high school will be located in this area. Mr. Koontz asked if the Board could require review of the design plans, tectural plans, etc andi'Mr. -Berg stated that this could be required. • 11 L� • Mr. Stiles stated that he did not think there should be too many entrances or exits off Rt. 522. Mr. Koontz asked if the entrances and -would be set forth on the site plan when it is presented to the Board for approval and Mr. Berg stated that they would be set forth., Upon motion made by Dr. Raymond L. Fish and seconded by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the - County of Frederick, is Virginia, does herein approve the Frederick Mall Subdivision consisting of three (3) lots located off Route 522 and Fox Drive in the Gainesboro Magisterial District with the condition that the Board of Supervisors shall have step by step approval of the property as it is developed and with the further condition that the developer consider a deceleration lane off Route 522 approaching said property. 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 Kenneth Y. Stiles. CONDITIONAL USE PERMIT #001 -78 - MARK GARBER - OPEQUON- DISTRICT - APPROVED Mr. Berg presented the request for conditional use permit of.:Mark Garber,_._ L • in the Opequon Magisterial District. Mr. Owings asked if there would be adequate parking space and if there had been any objects raised by the neighbours. Mr. Berg replied that there was room for two off street parking spaces provided there is not a family car at the residence during the business hours. He added that the adjacent property owners had not be notified of the application for conditional use permit but that the Planning Commission review of this request was held in public session and no objections were presented. Upon motion made by Will L. Owings and seconded by -•R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia, does herein approve Conditional Use Permit #001 -78 of Mark Garber to operate a beauty shop on the property located at 5536 Meadowbrook Drive, Lot 29, the Meadows Subdivision, in the Opequon Magisterial District with -the following conditions: 1. This permit shall be for a period of one (1) year from this date and shall be subject to review and renewal by this Board at -the end of said period 2. The permit shall be non - transferable 3. The operation is limited to one operator 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 Kenneth Y. Stiles. COMMITTEE REPORTS: FINANCE COMMITTEE RECOMMENDATIONS Mr. Rosenberger presented the recommendations from the Finance Committee and the following action was taken: APPROPRIATION TO FACILITATE RELOCATION OF GENERAL DISTRICT COURT - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED,'By the Board of Supervisors of Frederick County,'V,irginia, that $9,509.90 is hereby appropriated for use during the current fiscal year to facilitate the relocation of the General District Court Offices; arid, BE IT FURTHER RESOLVED, Trht the Counter - cyclical (Title II) funds anticipated to be received are hereby appropriated for that purpose and if said funds do not become available, the County Administrator is hereby authorized to transfer funds 247 .r 2.4.8 in the amount of $4,509.90 or any portion thereof, from Reserve for Contingencies to the budget of the General District Court. 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 Kenneth Y. Stiles. ACKNOWLEDGEMENT OF GRANT FUNDS IN THEAMOUNT':OF $39,590.00 FOR REGIONAL JAIL PROJECT - APPROVED Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, By the Board of Supervisors of Frederick County, Virginia, that the Division of Justice and Crime Prevention grant in the amount of $39,590.00 to the Counties of Clarke, Warren, Frederick and the City of Winchester is hereby acknowledged; and, • BE IT FURTHER RESOLVED, That the County of Frederick, Virginia being the applicant and fiscal agent for the Recional Jail Project, the Finance Director of the County and Program Finance Officer is hereby authorized to adjust the budgets of Frederick County for the life of the project, to reflect the $37,570.00 grant and $2,020.00 local match funds to be received; and, BE IT FURTHER RESOLVED, That said funds in the amount:: of $39,590.00 are , hereby appropriated for use as directed by the grant stipulations and the Program Administrator is hereby granted authority to make changes, as necessary, to the • project budget provided no additional local funds are required. 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 Kenneth Y. Stiles. REQUEST OF LORD FAIRFAX INTERCHURCH COUNCIL FOR FREDERICK COUNTY TO BE SPONSORING AGENT FOR GRANT FUNDS - REFERRED TO REGIONAL JAIL COMMITTEE Reverend Will Dublin, Interim Director of the Lord Fairfax Interchurch Council appeared before the Board and requested that the County become the sponsoring agent on an application for grant funds to conduct an inmate counseling program in the jails. He explained the program briefly and stated that the funds • would be available January 1, 1979 and that he had been'advised that there would ' be adequate space available within the local jails to conduct this program. Mr.. Renalds stated that it appears Frederick County is becoming the sponsoring agent for-more and more regional grants and perhaps some of the other localities should become involved as well. Dr. Fish suggested.that:the Board investigate the possibility of having the County compensated for these services inasmuch as there is only so much charitable work which can be done with the taxpayers money, • Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein refer the request of the Lordu Fairfax Interchurch Council for Frederick County to become the sponsoring agent for grant funds to conduct an inmate counseling program to the Regional Jail Committee for study and re- commendation. 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 Kenneth Y. Stiles. DATE SET FOR JOINT MEETING WITH FREDERICK COUNTY PLANNING COMMISSION The Board set the date of April 19,.1978, at 7:30 P.M. in the Board - - O O of Supervisors' Meeting Room for a joint meeting with the Frederick County Planning Commission. BUDGET DELIBERATIONS The Board discussed with Mrs. Gwen Mandel and Mrs. Rita Palmer the proposed 1978 -79 Welfare Department Budget. Mr. Rick Miller appeared to discuss the proposed budget for 1978 -79 of•the Division -of-Court Services. Upon motion made by Kenneth Y. Stiles and seconded by Thomas . B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, • Virginia does herein refer the establishment of an Advisory Committee for the Frederick County ASAP Program to-the Committee Law Enforcement and Courts for study and recommendation. 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 Kenneth Y. Stiles. Sheriff Carroll Mauck and Administrative Assistant Bill Fadeley appeared to discuss the proposed.1978 -79 budge for the Sheriff's Department with the Board. , Budgets from various departments were then considered in general. The Board was appraised of an existing budget deficit of $869.053 as of this date. 68 SALARY INCREASE SET FOR COUNTY EMPLOYEES Upon motion made by Thomas B. Rosenberger and seconded by Dr. Raymond L. Fish, • BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein set a 68 salary increase for all County employees for fiscal year 1978 -79, which would be one step plus 18 for those employees under the County Pay.Plan. The above resolution was passed by the following recorded vote: Aye - Thomas B. Rosenberger, Dr. Raymond L. Fish, Kenneth Y. Stiles and S. Roger Koontz, Nay - R. Thomas Malcolm and Will L— Owings. Mr. Owings stated taht all departments should get the same percentage increase. Mr. Stiles stated that he would reserve the right to address this question • at a later date. COUNTY.MOTOR VEHICLE LICENSE FEE INCREASED TO $15.00 Upon motion made by Kenneth Y. Stiles and seconded by Dr. Raymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein direct that the cost of the County motor vehicle license fee be increased-from $10 per year to $15 per year and does request the County. Administrator to prepare the necessary amendment to the County Motor Vehicle Tag Ordinance for public hearing. The above resolution was passed by the following recorded vote: Aye - E S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owing, R. Thomas - Malcolm, and Kenneth Y. Stiles. REDUCTIONS IN BUDGET DEFICIT- Raise County Motor Vehicle License L Fee to $15 per year $100,000 Raise Real Estate Tax Rate by 3516 $374,500 68 salary increase in lieu of 88 (School Board) 78 (Others) $150,000 Excess Revnue_ Sharing Funds from James Wood Project $100,000 General Reduction in School Budget $ 50,000 Total Reduction as of 3/22/78 $774,500 Remaining Deficit $ 94,553 250 THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED Sdcretary, Board of Supervisors A Special Meeting of the Frederick County Board of Supervisors was held on March 29, 1978., in the Frederick County Courthouse Winchester, Virginia. PRESENT: S. Roger Koontz, Chairman; Thomas B. Rosenberger, Vice - Chairman; Dr. Raymond L. Fish; Will L. Owings, R. Thomas Malcolm; and Kenneth Y. Stiles. The Chairman called the meeting to order. WAIVER OF NOTICE OF SPECIAL MEETING We, the undersigned members of the Boar•.d of Supervisors.of Frederick County, Virginia, the Commonwealth Attorney, and the Clerk of the Board, do hereby waive Notice of Special Meeting to be held on Wednesday, March 29, 1978, at 7:00 P.M. in the Frederick County Courthouse, Winchester, Virginia, for the following.purposes: 1. Budget deliberations 2. Action on Interchurch Council Request 3. Such other business as may come before the Board. Signed and attested this 29th day of March, 1978 /s/ S. Roger Koontz, S. Roger Koontz, Chairman /s/ Thomas B. Rosenberger Thomas B. Rosenberger Vice - Chairman Back Creek District /s/ Raymond L. Fish Raymond L. Fish Gainesboro District /s/ Will L. Owings Will L. Owings Opequon District /s/ R. Thomas Malcolm R. Thomas Malcolm Shawnee District /s/ Kenneth Y. Stiles Kenneth Y. Stiles Stonewall District /s/ Lawrence R. Ambrogi Lawrence R. Ambrogi Commonwealth Attorney ATTEST: /s/ J. 0. Renalds,-III J. O. Renalds, III lerk of- :the::BOard of Supervisors BUDGET DELIBERATIONS Y STICKER TRANSFER i0] Upon motion made by R. Thomas Malcolm and seconded by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the-County of Frederick, Virginia, does herein direct that the County motorcycle license fee be increased from $3.00 to $5.00 and that the County sticker transfer fee be increased from $0.50 to $1.00; and, BE IT FURTHER RESOLVED, That the County Administrator is requested to prepare the proper ordinances to effect said increases for public hearing. • • • • 251 J 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 Kenneth Y. Stiles. ADDITIONAL VML DUES - 1978 -1979 - APPROVED 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, inia, does herein approve the-amount of $679.00 for additional dues for the Municipal League for 1978 -1979. The above resolution was passed by the following recorded vote: Aye - • . Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L...Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. CONSTITUTIONAL OFFICERS' BUDGETS APPROVED FOR FORWARDING•TO STATE COMPENSATION BOARD Upon motion made by Will L. Owings and seconded.by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick 1� • Jirginia, does herein approve the Constitutional Officers' Budgets for Fiscal Year 1978 -1979 as submitted and does direct that said budqets be forwarded to the State Compensation Board for approval. 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 Kenneth Y. Stiles. GRANT APPLICATI - LORD FAIRFAX INTERCHURCH COUNCIL - APPROV Upon motion made by Will L. Owinga and seconded by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, rginia, does-herein approve the grant: application.of the Lord Fairfax Interchurch J uncil in the total amount of $3,240 in order to provide general counseling services day per week to inmates in the five county jails in the Lordt;Fairfax Planning and the White Post Field Unit; and, -BE IT FURTHER RESOLVED, That the Board does direct that Frederick County will • e the applicant for said grant so long as no local government funds are utilized. The above resolution was passed by the following recorded vote: Aye - • Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, • Thomas Malcolm, and Kenneth Y. Stiles. .GRANT APPLICATION - GENERAL DISTRICT COURT COMMUNITY ALTERNATIVE SERVICE PROGRAM - APPROVED Upon motion made by Kenneth Y. Stiles and seconded by R. Thomas Malcolm, BE'IT RESOLVED, That the Board of Supervisors of the County of Frederick, , does herein approve the grant application of the Winchester- Frederick General District Court to provide a community alternative service program, a program'to establish pre -trial diversion for selected misdemeanor offenders. In lieu of incarceration awaiting trail, an would be offered the alternative of committing him /herself to 20 60 hours'of volunteer service in a community non - profit social service program; and, BE IT FURTHER RESOLVED, That approval of this grant application is given with the stipulation that the new advisory board pay particular attention to this program. 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 Kenneth Y: Stiles. Z-52 DR. FORREST RACEY ADDRESSES BOARD RE: HANDLEY LIBRARY Dr. Forrest Racey appeared before the Board and stated that he was not asking for an appropriation of funds for Fiscal Year 1978 -1979 but that the Handley Library Board -would be- asking the Board of Supervisors for an appropriation the following year. He set forth the facts that the budget for the Handley Library for the 1978 -1979 year is $151,737 which is funded 758 by the City of Winchester; of the total library users for the current yeark 498 reside in the City of Winche 388 in Frederick County and the remainder in Clarke County. He outlined the cost of the Handley Library renovation to be $1,168,000 with an additional $1000,000 for furnishings and equipment for the library. He:.also outlined the procedures for setting up a regional library which would make the area eligible for certain grant funds. Dr. Racey asked the Board of Supervisors to appoint a two or three man liaison committee to work with the Handley Library Board to consider a possible joint funding for the Handley Library for the 1979 -1980 fiscal year. The Board agreed to appoint such a committee at a future Board of Supervisors meeting. BUDGET DELIBERATIONS CONTINUED B4RKS AND RECREATION DEPARTMENT BUDGET CUT $30,000 Mr. Rosenberger moved to cut the Parks and Recreation'Budget $30,000 and that the funds for the purchase of park property in Back Creek District remain in said budget. This motion was seconded by Kenneth Y. Stiles. Mr. Stiles then moved to amend Mr. Rosenberger's motion to cut the Parks and Recreation budget $40,000; to eliminate the proposed transferral of two current CETA positions to fulltime positions, to cut $23,000 and carry forward $24,000 in the 1977 -1978 budget. This motion was seconded by Dr. Raymond L. Fish and defeated by the following recorded vote: Aye - Kenneth Y. Stiles, and Dr. Raymond L. Fish. Nay - S. Roger Koontz, Thomas B. Rosenberger, Will L.-Owings, and R. Thomas Malcolm. Mr. Rosenberger's original motion was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, and Kenneth Y. Stiles. Nay - R. Thomas Malcolm and Will L. Owings. SHERIFF'S DEPARTMENT BUDGET CUT $10,000 There was a general discussion concerning the number of vehicles in the Sheriff's Department. It was determined that there were two vehicles over and above those discussed at the last meeting with the Sheriff. Mr. Rosenberger moved to cut the Sheriff's Department budget by $12,000. This motion was seconded by Dr. Raymond L. Fish and defeated by the following recorded vote: Aye - Kenneth Y. Stiles, Thomas•B. Rosenberger, and Dr. Raymond L. Fish. Nay - Will L. Owings, R.'Thomas Malcolm, and S. Roger Koontz. Mr. Rosenberger then moved to cut the Sheriff's Department Budget by $10,000. This motion was seconded by Kenneth Y. Stiles and approved by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, and Kenneth Y. Stiles. Nay - Will L. Owings and R. Thomas Malcolm. REGISTRAR'S BUDGET CUT $3,000 Mr. Rosenberger moved to cut the Registrar's budget, Line Item 13 -13B -120 Extra Help /Overtime by.$3,000. This motion was seconded by Kenneth Y. Stiles and passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. E • • -2:53 LINE ITEM 1 -1A -220 - BOARD TRAVEL - INCREASED TO $1.80 Mr. Rosenberger moved to increase Line Item 1 -1A -220, Board Travel, from $800 to $1,800. This motion was seconded by R. Thomas Malcolm, and passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, R. Thomas Malcolm, and Will L. Owings. Nay - Dr. Raymond L. Fish and Kenneth Y. Stiles. INCREASE REVENUE FROM STATE FUNDS APPROVED - SCHOOL BUDGET Mr. Stiles moved to increase.revenue from state funds by $10,000 in revenue n U • for state funds category R -7. This motion was.seconded by Dr. Raymond L. Fish and passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, and Kenneth Y. Stiles. Nay - R. Thomas Malcolm. MOTION TO CUT SCHOOL BUDGET BY $100,000 - DENIED Mr. Stiles moved to cut the School's Operating Budget by $100,000. This motion was seconded by Dr. Raymond L. Fish and defeated by the following recorded vote: Aye - Kenneth Y. Stiles and Dr. Raymond L. Fish. Nay - S. Roger Koontz, Thomas B. Rosenberger, R. Thomas Malcolm, and Will L. Owings. REAL ESTATE TAX RATE INCREASED BY 259 to $2.9 Mr. Rosenberger moved to increase the real estate tax rate for 1978 by 250 to $2.95 per $100 of assessed valuation, to proceed with printing of the budget and advertising same for public hearing in May. This motion was seconded by Will L. Owings, and passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, R. Thomas Malcolm, and Will L. Owings. Nay - Dr. Raymond L. Fish and Kenneth Y. Stiles. JIM WILSON ADDRESSES BOARD RE: COMPOSTING OPERATION Mr. Jim Wilson appeared regarding a composting operation. He requested that • the Board of Supervisors approve the hauling of sludge from upper•Montgomery County, Maryland, into Frederick County. After considerable discussion, the Board decided to take no action on this request at this time. BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by Dr. Raymond L. Fish seconded by Kenneth Y. Stiles and passed unanimously, the Board retired into Executive Session in accordance with Section 2.1 -344, Subsection A -2 of th eCode of Virginia, 1950, as amended to discuss the possible acquisition of real property for public use. BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by Kenneth Y. Stiles, seconded by Dr. Raymond L. Fish and passed unanimpusly the-.Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by Kenneth Y. Stiles, seconded by R. Thomas Malcolm, and passed unanimously,.the Board reconvened into Regular Session. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED I THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. cretary, Board of Supervisors