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May , 1978 to May 24, 1978r The above resolution was denied by the following recorded vote: Aye - Will L. Owings. Nay - S. Roger Koontz, Thomas B. Rosenberger, R.-Thomas Malcolm, and Kenneth Y. Stiles. Abstaining - Dr. Raymond L. Fish. RESOLUTION REQUESTING LORD.FAIRFAX PLANNING DISTRICT COMMISSION TO REQUEST HUD FUNDS FOR I -66 IMPACT STUDY - APPROVED Upon motion made by-Thomas B. Rosenberger and seconded by Will L. Owings, , BE IT RESOLVED, That the Board ofSupervisors of the County of Frederick, Virginia, hereby requests that the Lord.. Fairfax Planning District Commission request Department of Housing and Urban Development 701 Local Planning Funds on behalf of Frederick County for an I -66 Impact study and it is further requested that the Commission staff undertake the project working with 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, • and R. Thomas Malcolm. Nay - Kenneth Y. Stiles. DISCUSSION - PROPOSED POST OFFICE SALE Mr. Koontz requested that the County'Administrator to advise the U. S. Postal Service that the proposed sale of the post office facility on Piccadilly Street is still with the County Capital Facilities Committee for study and recommendation and that the County has previously made an offer on the property. ' SITE PLAN FOR NEW HIGH SCHOOL - FUNDING REQUEST FOR RECONSTRUCTION OF ROUTE 739 Mr. Stiles stated that the access roads to the new senior high school are not • safe and that it will be more dangerous than the access road into the Frederick ounty. Junior:H•igh.School. He further stated that he would object to using funds from the general operating fund or the secondary road fund for reconstruction of Route 739; that these problems should have been addressed prior to this time. Upon motion made by Kenneth Y. Stiles and seconded by Thomas B. Rosenberger, BE IT RESOLVED,-By the Frederick County Board of Supervisors, that the Virginia Department of Highways and Transportation be hereby urged to consider funding the reconstruction and realignment on Virginia Secondary Route 739 in Frederick County, Virginia adjacent to the proposed new Frederick County Senior high school which is to be built on a site adjacent to the Virginia Secondary • Route 739. 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. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN TO MAY 2, 1978, AT 7:00 P.M. IN THE BOARD OF SUPERVISORS' MEETING ROOM. • Q-0, a an, Boar o;/ uperv' rs ecretary, Board of Supervisors A An Adjourned Meeting of the Frederick County Board of Supervisors was held on May 2, 1978, 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. 265 PUBLIC HEARING DISCUSSION OF PROPOSED BUDGET FOR FISCAL YEAR 1978 -1979 The Chairman stated that this is the official budget on the proposed budget for fiscal year 1978 -1979. Mr. Koontz pointed out the-new format of the budget stating that it sets forth the functions of the departments as well as the funds needs for its operation. He stated that copies of the budget are available to those.:': organizations who desire to have them. Mr. Koontz stated that the budget represents a plan for Frederick County and sets forth where the money is coming from and where it will be spent. Mr. Koontz stated that he felt the County was in excellent financial shape and that the Board is attempting to plan for the many facilities that are needed • in the community such as schools, court facilities,.:etc. .He.advised that the budget would not be voted upon tonight; that the Board would receive input from the public and vote on the budget on May 10, 1978. Mr. Koontz then called for statements from the audience. , Mrs. Raymond May requested that the budget be read and Mr. Koontz advised that copies of the budget are available to citizens or organizations for their in- ' spection. Mr. Stiles requested Mr. Renalds to briefly review the budget and Mr. Renalds • explained the proposed expenditures and revenues for the fiscal year 1978 -1979. Mr. Leonard Harkness appeared before the Board and presented the following opinions regarding the proposed budget: 1. Mr. Harknesss stated that he felt the salaries of the Board members should be increased. He requested advice from the Board as to how he in a land - locked area and did not receive an equal share of County services. He described two instances, one involving the Sheriff's Department and one II involving the Dog Warden, where he claims he was denied service because of being in a land - locked area. 5. Mr. Harkness asked when the loan from the Board to the Sanitation Authority amounting to between $1,000,000 and $2,000,000 was not shown in the budget. He added that interest on this loan would amount to approximately $200,000 could proceed to petition to have these salaries increased. 2. Mr. Harkness then asked why specific employee salaries were not set forth in the budget. Mr. Harkness stated that the Board has stated that they were giving a cost of living increase and this was in fact not true inasmuch as a percentage increase amounted to a much higher increase on • a high salary than it did on those in the lower salary ranges. 3. Mr. Harkness stated that the proposed Parks and Recreation budget re- ' presented approximately $15 for every man, woman, and child in the County and in fact only a small percentage of the population use the recreational facilities. He stated that the Parks and Recreation Department a n9 the Planning Department should get together inasmuch as the County is now requiring 5 to 10 acre lots and he did not feel anyone with 10 acres would need a park in their area. He stated that he was in favor of • recreation in the urban areas and urged the Board to make use of available school facilities for recreation._. Mr. Harkness then asked how the re- creational equipment had been placed at the Senseny Road School when $19,000 for this project has been deleted from last year's budget. 4. Mr. Harkness stated that he, along with several other citizens, lived in a land - locked area and did not receive an equal share of County services. He described two instances, one involving the Sheriff's Department and one II involving the Dog Warden, where he claims he was denied service because of being in a land - locked area. 5. Mr. Harkness asked when the loan from the Board to the Sanitation Authority amounting to between $1,000,000 and $2,000,000 was not shown in the budget. He added that interest on this loan would amount to approximately $200,000 0 at this time. Mr. Harkness asked if this was an interest free loan. He stated that the County is also providing rent free office space to the Sanitation.Authority which is a separate chartered corporation. Mr. Harkness advised that the service provided by the Sanitation Authority benefits only a small portion of the population but is subsidized by the entire County citizenry. He asked why these funds were not shown in the budget. 6. Mr. Harkness stated that he felt in order to make the tax burden equitable, the County should be divided into urban and rural areas and taxed accord- ing to the services received. Mr. Sam Lehman, President of the Frederick County Taxpayers Association:. appeared and stated that the budget averages $2,400 per household which is 2 1/4 times as much as in 1970 after adjusting for inflation, and there is some question as to whether or not all the households 'are receiving 2 1/4 times the service. Mr. Lehman thanked the Board for their work in governing the County but stated that he felt this position should. a public service job and he would be opposed to increasing the salaries of the Board Members. Mr. Lehman stated that the County is preparing to invest $15 million dollars in a new high school and the access roads into the site are bottlenecked. He stated that he could see no better access into the property. Mr. Tony Bayliss presented petitions containing 1175 signatures opposing the increase in the cost o£ stickers from $10 to $15 stated that the petitions request a public vote on this proposed increase. Mr. Stiles stated that if the county sticker fees are not increased, the real estate tax rate would necessarily have to be increased another 10 cents to realize the necessary revenue. Mr. Stiles added that an additional increase of 10 cents on the real estate tax rate would cost the average home owner an additional $10 to $15 dollars and that it would cost many people as much as an additional $60 to $80 per year. Mr. Koontz advised Mr. Harkness that the loan to the Sanitation Authority is a legitimate loan, interest'free for ten years at which time interest will be paid on the total loan. Mr. Harkness stated that he felt this should be shown in the budget so that people will understand this. Mr. Lehman asked if there was any written guarantee from the Sanitation Authority that this loan would be repaid and Mr. Koontz advised that there was and that the funds were loaned with that stipulation. Mr. Lehman stated that this is only set forth in the minute books. Mr. Pike stated that he felt Mr. Harkness was not reading the budget correctly: that in fact $21,105 has been budgeted in the current year's budget for the improve- ments at the Senseny Road School and that the budgeted figure for 1978 -1979 for this site is $16,808. Mr. Renalds thanked Mr. Boyd and Mr. Dickson as well as the departments, agencies and constitutional officers who helped prepare the proposed budget. Mr. Stiles asked Mr. Whitacre if the money approved by the Board at their last meeting for repair of books could be taken from eithet''.this - .ye ar•' §' -budged or next year's budget and Mr. Whitacre stated that.the bill for this work would not be received until after July 1 and he has this amount set forth in the new budget. He added that he felt perhaps the Board might want to pay for this repair • • E 267 lwork from counter cyclical funds. Mr. Stiles asked Dr. Wright where the cafeteria workers salaries come from since not all the funds for this purpose are reflected in the budget and Dr. Wright advised that.a portion of their salaries come from the various schools from fees paid for lunches. Mr. Stiles stated that on Page 174 under Title XX there is a proposed ex- penditure of $10,000 but this is not shown in the expected revenues. Dr. Wright stated that Title XX is related to social services that provide aid to youngsters with certain family problems; that if any.of these funds are expended, the County will be reimbursed... Mr. Stiles stated that although he understood this he still felt it should be shown in the budget under Federal funds anticipated rather than out of the local appropriation, and Dr. Wright concurred. Mr. Stiles stated that on Page 176 the Board is authorizing $6,928,200 for • the new high school, plusl. $686,800.additional revenue sharing money for a total of $7,500,000 to be authorized to be spent in 1979. He asked how much of this money would be spent by the end of this fiscal year and Dr. Wright stated that he did not know; that he could perhaps provide an estimate. Mr. Stiles asked if the fund expended prior to June 30, 1978 would be deducted from the $7,500,000 set forth for 1978 -1979 and Dr. Wright stated that this is correct. Mr. Stiles then asked where Mr. O'Connell's salary comes from and Dr. Wright stated that it is taken from Instruction and Compensation for Teachers. Mr. Stiles stated that he understood that Mr. O'Connell was to be paid from federal funds and'Dr. Wright stated that this was not correct. Mr. Stiles stated that he had a printout of expenses for the year up to • March and under federal funds, under 17K01990, a monthly salary of $996 had been paid out for July and August and then no.funds expended until January 31 at which time $5,257 was spent. He asked why this had been done and Mr. Donald'.'P:err•.aiilt advised that the money had been placed in the wrong category and this.indicated a transfer into the proper category. Mr. Stiles stated that on Page 23 under unappropriated surplus there is l�� $480,000 set forth for 1977 -1978 year's budget. He asked where this is set forth in this Dr. Wright stated that $55,000 of this money is set forth but that the remai is surplus which is put into a building fund and which has been accumulating for a number of years. Mr. Perrault stated that the School Board does not carry a balance in their • . budget and the balance transferred to the building fund. Mr. Stiles stated that he felt the school construction fund balance should be set forth in the budget so that the citizens might understand what is going on. Dr. Wright stated that he felt this was a good suggestion. Mr. Stiles stated that in a work session the superintendent had advised that should the County receive any federal impact funds the local appropriation could be reduced by a like amount.. He stated that there was a resolution before the Finance Committee pertaining to impacts funds and asked if this money has been received and is to be received. Dr. Wright advised that if the County is audited by the Federal Government and approved for 1978 most of that money will come after June 30, 1978 and whatever is received could be subtracted from the school budget. Mr. Stiles asked if Dr. Wright had any information as to when this money will be received and Dr. Wright advised that he did not. .• Mr. Harkness stated that he had never heard of paying two separate fees, one to the architect and one to the contractor; that the architect's fees should cover the construction management. Dr. Wright stated that construction management is an entirely different concept than the situation Mr. Harkness was describing. IN CONTAINING Upon motion made by Thomas B. Rosenberger and seconded by Will L. :Owings, WHEREAS, On Friday, April 14, 1978,••a tragic fire raged in the western portion of Frederick County, Virginia; and, WHEREAS, This fire resulted in a considerable amount of damage involving cabins, mobile homes, sheds, and 170 acres of forest land; and, WHEREAS, This fire was brought under control by the efforts of about four hundred volunteers from the County of Frederick, the City of Winchester, the Virginia Division of Forestry, and neighboring counties and towns both within the Commonwealth of Virginia and the State of West Virginia; NOW THEREFORE BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, Virgina that sincere appreciation be expressed to those citizens and volunteers who eventually prevailed over this vicious fire which could have been even more disasterous than it was; AND BE IT FURTHER RESOLVED, That the public take pride in the efforts of these volunteers and support these organizations when called upon. 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. THANKS EXTENDED TO RURITAN CLUBS FOR ASSISTANCE WITH THE CLEAN UP CAMPAIGN Mr. Koontz extended the thanks of the Board to the County Ruritan Clubs for their assistance during the clean up campaign. The Board recessed for five minutes. DONATION FROM MR. CLAUDE BENNINGTON ACKNOWLEDGED Mr. Pike advised the Board that a donation in the amount of $2,500 had been received from Mr. Calude Bennington to light a ball field at the Stephens City Park. AND CONVICTION OF PERSONS Mr. William D. Pike, Director of Parks and Recreation appeared before the Board aid reported that approximately $1,500 of equipment being used in the construction of lighting a ball field at Clearbrook Park had been stolen. He requested the Board to offer a reward for the recovery of this equipment. Mr. Pike stated that there was some question as to whether the theft would be covered by insurance. Mr. Rosenberger stated that he felt this was a serious theft concerning County Property. He then moved to offer a $500 reward for the recovery of this property. Mr. Stiles seconded this motion. Following a brief discussion Mr. Rosenberger moved to amend his motion to offer-a reward of $250.00 for recovery of the equipment and Mr. Stiles seconded the motion. Therefore 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, • • E r • Virginia, does herein direct that a reward in the amount of $250.00 be offered 269 for information leading to the arrest and conviction of the person or persons who stole spot light fixtures from the Clearbrook Park on the night of May 1, 1978. ENTRANCE TO CLEARBROOK PARK 7:30 A.M! Upon motion made by Kenneth Y. Stiles and seconded by Dr..lRaymond L. Fish, BE IT RESOLVED, That the Board of Supervisors of the County.of Frederick, Virginia does herein authorize the Department of Parks and Recreation to the entrance to the Clearbrook Park ball fields from 11:00 P.M. to 7:30 A.M. 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. APPROVAL OF MINUTES E 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, Virginia, does herein approve the minutes of the Regular Meeting of this Board held on April 12, 1978 and the Adjourned Meeting held on April 19, 1978 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 Kenneth Y. Stiles. CLOSING OF COUNTY OFFICES ON MAY 5, 1978 FOR APPLE BLOSSOM FESTIVAL - APPROVED 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 County offices be closed on Friday, May 5, 1978, due to-the Apple Blossom Festival. 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. RECOMMENDATIONS FROM THE COMMITTEE ON LAW ENFORCEMENT AND COURTS Dr. Fish presented the recommendations from the Committee on Law Enforcement \J and Courts and the following action was taken: SUPPLEMENTAL APPROPRIATION - DIVISION OF COURT SERVICE ASSISTANT - DENIED Mr. Stiles stated that this is the same request presented to the.Board at their last meeting at which time it was sent to the Committee on Law Enforcement and Courts for study and recommendation. He stated that he had voted reluctantly to recommend approval of this request u but since that time there have been some additional questions he would like answered regarding this matter. Dr. Fish then moved to approve the request inasmuch as it had been recommended by the Committee for approval. Mr. Stiles seconded this motion. Mr. Stiles then moved to table the above motion and his motion was defeated by the following recorded vote: Aye - Kenneth Y. Stiles. Nay - R. Thomas Malcolm, Will L. Owings, Thomas B. Rosenberger and S. Roger Koontz. Abstaining - Dr. Raymond L. Fish. Mr. Stiles stated that since the last meeting he has asked several questions about the ASAP program and he did not like the answers he was getting. He stated that the Board would be requested to create an advisory committee for this program and he would prefer to wait 'for :the..recommendations from this committee before any action is taken. Mr. Stiles stated that the person the Board is being asked for authorization to hire is already on board and he felt' this was a blatant disregard of the authority df the Board for a department head to hire someone before the Board 270 has authorized the position. He further stated that he felt the department head should be responsible for the employee's salary until such time as the position is authorized by the Board. Mr. Malcolm asked if this information was available at the time the committee made their recommendation and Dr. Fish stated that it was not. Mr. Stiles stated that the person had been hired after the Committee and before-the Board meeting based on the Committee.•recommendation. Mr. Rosenberger stated that he felt this action was most improper and he would agree with Mr! Stiles. Therefore upon motion made by Dr. Raymond L. Fish and seconded by Kenneth Y. Stiles BE IT RESOLVED, By the Frederick County Board of Supervisors, that the following supplemental appropriation is hereby authorized to the General Operating Fund for the fiscal year ending June 30, 1978: 05- 005G -102C Court Service Assistant $1,502.00 05 -005G -295 Fringe Benefits 150.00 $1,652.00 BE IT FURTHER RESOLVED, That the new position of Court Services Assistant will be effective May 1, 1978, and; BE IT FURTHER RESOLVED, That the funding for said position will be generated from Court Services fees and will require no local funds from the County--of Frederick. The above resolution was denied by the following recorded vote: Aye - None. Nay - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. DISPOSITION OF OUTDATED-VOLUMES IN THE FREDERICK COUNTY LAW LIBRARY - APPROVED Upon motion made by Dr. Raymond L. Fish seconded by Kenneth Y. Stiles. BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve of the disposition of outdated volumes in the Frederick County Law Library. 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. Thojas Malcolm and Kenneth Y. Stiles. ADVISORY COMMITTEE FOR ASAP PROGRAM - APPROVED 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, Virginia, does herein approve the creation of an Advisory Committee for the Winchester- Frederick County Alcohol Safety Action Project to consist of five representatives from Frederick County and five representatives from the City of Winchester. 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. Mr. Stiles stated that the program involves a number of jurisdictions and it is possible that some of them might want to participate on this Committee. Mr. Owings asked if the local director of the ASAP program had been contacted regarding this matter and Dr. Fish stated that this had been done. Mr. Stiles stated that it had been agreed upon that the Committee would be composed of people with no agency relationship as-far as the ASAP program is concerned. C • • • • Mr. Malcolm asked what would happen if there is no response from the City of Winchester regarding this Committee.and Dr. Fish advised that the matter would then be brought back to the Board. 'AND SCHOOL BOARD. 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 Virginia, does herein direct that a meeting be scheduled with representatives of the School Board, the Highway Department and the Board of Supervisors to discuss the.proposed entrance to the new senior high school and the cost of the re- construction of Route 739, said meeting to be set in the reasonably near future. The above resolution.was passed by the following recorded vote: Aye - • S. Roger Koontz,i.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 Kenneth Y. Stiles, seconded by R. Thomas Malcolm, and • 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 Kenneth Y. Stiles, seconded by R. Thomas'Malcolm, and passed unanimously, the Board withdrew'fiom.Executive sesssion. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by Kenneth Y. Stiles, sedonded by Dr. Raymond L. Fish, and passed unanimously, the Board reconvened into Regular Session. NOTICE OF PUBLIC HEARING AND BUDGET SYNOPSIS PUBLISHED IN NEWSPAPER The Chairman reported that a synopsis of the proposed budget for 1978 -1979 was published in the Winchester Evening Star on April 19, 1978, and further that., the Notice of Public.Hearing on the proposed budget was advertised that date for 7:00 P.M. on Tuesday, May 2, 1978 in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT u THE BOARD OF SUPERVISORS DO NOW ADJOURN. S c etary, Board of Supervisors A,'Regular Meeting of the Frederick County Board of Supervisors was held on May 10, 1978, 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. 1 APPROVAL OF MINUTES Mr. Stiles moved to amend the minutes of the meeting held on May 2, 1978, on Page 3 in the fourth paragraph to read: "Mr. Sam Lehman, President of the Frederick County Taxpayers Association appeared and stated that the budget averages $2,400 per household which is 2 1/4 times as much as in 1970, after adjusting for inflation, and there is some question as to whether or not all the households are receiving 2 1/4 times the service ". The Board concurred with this amendment. 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 approve the minutes of the.meeting of this Board held on May 2, 1978, as amended. 0 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, Thomas Malcolm, and Kenneth Y. Stiles. BOND RELEASE - DAV -MAR VILLAGE, SECTION II - APPROVED 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 approve the release of the performance bond held by the on Dav -Mar Village, Section II from Republic Insurance Company in the amount $34,448.00 inasmuch as the maintenance bond guaranteeing workmanship and materials the amount of $2,500 has been posted with the Virginia Department of Highways transportation. 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. NOTICE OF INTENT TO ABANDON A PORTION OF ROUTE 842 - APPROVED Upon motion made by Will L. Owings and seconded by Kenneth Y. Stiles, WHEREAS, It appears to the Board that Secondary Route 842 from .1.01 miles north of Route 627 to 1.19 miles north of Route 627 (End of Maintenance) andttotal distance of .18 miles serves no public necessity and is no longer necessary for ise in the Secondary System of State Highways. NOW THEREFORE BE IT RESOLVED, That the Clerk of the'Board be directed to post and publish notice of the Board's intention to abandon the Section of Route 842 as aforesaid pursuant to Section 33.1 -151 of the Code of Virginia, 1950 as amended. 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. WORK SESSION WITH HIGHWAY DEPARTMENT ON SIX YEAR PLAN SET FOR MAY 24, 1978 AT 7:30 P.M. The Board agreed to set the date of May 24, 1978, at 7:30 P.M. to meet with Highway Department for a work session on the proposed six" year plan for erick County. Following a brief discussion, the Board agreed to entertain requests for roads additions from the public hearing on the proposed sixy year plan during the month of June if possible. PROJECTED COSTS FOR RECONSTRUCTION OF ROUTE 739 PRESENTED TO BOARD Mr. John Chiles, Engineer with the Virginia Department of Highways and Trans - tation, advised the Board that it would take approximately 4,200 cubic yards earth to fill the dip on Route 739 which will serve the new senior high School. chiles stated that if the earth could be obtained from the new high school site, can be moved inexpensively, the work could be accomplished from a low of 14,000 to a high of $18,000. SITE PLAN NO. 006 -78 - JAMES WOOD HIGH SCHOOL Mr.. Berg presented the site plan of the James dge Campus stating that the Planning Commission the rear entrance is built and open when the s Dr. Wright stated that the School Board would t there was a.possibility that the entrance for drawn on the site plan. He stated that a road - APPROVED Wood High School Apple Pie recommended approval of the Plan ::hool is completed. concur with this recommendation this road would not be exactly would have to be developed in E • • J • 273 order to provide more than one means of egress and ingress to the property. He added that this auxiliary road would be used during athletic events and perhaps as an emergency route to and from the school. Mr. Frank Brumback stated that the Planning Commission felt there should be a second entrance as an emergency route and that the road should be built in conjunction.with the construction of the school: Mr. C. Langdon Gordon, Chairman of the Planning Commission stated that inasmuch as the main entrance is limited in distance and would not be able to accomodate a large number of cars, the Planning Commission felt the alternate road - should be constructed along with the school. Mr. Berg stated that should the School Board change the alignment of this • road from that shown on the site plan, a revised site plan should be submitted to the Board for approval. Mr. Bill Thomas, Engineer for Howard Shockey & Sons, Inc., stated that alignment of the road might possibly be changed in order to put it in as economically as possible. Dr. Fish asked if it was not customary that when a site plan is approved by u Board;thes project must'be• built as set forth on the plan and Mr. Berg stated that this is correct. Dr. Wright advised that should it be found that the road could be constructed more economically with the entrance at another location, the School Board will then come back to the Board for approval of this change Mr. Rosenberger stated that he felt perhaps the site plan should be approved with this exception and the Board and Planning Commission could review it again should a change be made. Mr. Robert Kinsey of Walter Phillips Civil Engineers, stated that a.study had been done on location of the road and it is their conclusion that the best place to bring it in is the place shown on the site plan. Mr. Stiles asked' there would not be a problem when events are held with • a large number of people in attendance, of cars back -up onto Route 522 and the exit ramp of Route 37 and Dr. Wright stated that there would be traffic control in situations such as this very much like that provided at James Wood now. Mr. Rosenberger then moved to approve the site plan as recommended by the Planning Commission and Mr. Owings seconded this motion. Mr. Stiles asked how far from the intersection with Apple Pie Ridge Road it u would be flat before the start of the 108 grade and Mr. Kinsey stated there would be approximately a 50 foot landing then the start of the 10% Mr. Stiles stated that this would provide foom for one school bus to stop with the remaining buses on the 108 grade and Mr. Kinsey stated that this was correct. He added that 108 is not a steep grade and that many roads in this area are on a 128 to 148 grade. Mr. Stiles asked what the grade of the road was into the Frederick County Junior High School and Dr. Wright replied that the road from Fox Drive is a 128 grade. Mr. Stiles then stated that he had been advised by the Highway Department that it is a 108 grade. Mr. stiles then asked what the objections were to making the existing right- of -way the principal entrance into the school and Mr. Hubert Stratton appeared 2 7.4 before the Board and stated that the entire project had been planned as they felt it best suited the lay of the land and to put the main entrance where the existing right -of -way is located would bring the traffic in on the least desirable side of the school and through the play field areas. He added that due to the traffic situation and all other factors, this is the best design for the site. Dr. Fish asked if the problem of dust control on the proposed gravel secondary entrance had been addressed and Dr.. Wright replied that he did not feel this would be a problem and if it does become one the road could be watered down. Dr. Fish stated that he felt the Board had not spoken to the issue of how the reconstruction of Route 739 would be paid for. Mr. Koontz stated that he understood that this reconstruction would be paid for from state funds if any are available. Mr. Rosenberger stated that he felt these funds should come equally from each district's alloted secondary road funds. Mr. William Reuter, a resident from the Stonewall District, appeared before the Board and stated that he was opposed to any further tax increases caused:by school construction. Mr. Stiles asked why a road which would meet state requirements and therefore be eligible for inclusion into the State Secondary System, could not be constructed and Dr. Wright stated that the School Board prefers to maintain their own roads inasmuch as they have the equipment to do so and can handle problems on their roads faster than the Highway Department can. Mr. Stiles stated that several months ago the statement was made that the $7 1/2 million dollars would include the entrance road to the school and that the filling in of the dip on Route 739 should be considered part of the construction of the school. He stated that he would be opposed to having this money taken from the secondary road improvement funds. Dr. Fish stated that since this issue was last discussed a booster pump to provide sufficient water pressure had been added. He asked what the cost factor of the pump would be. Dr. Wright replied that this would be the School Board's responsibility. He added that the Highway Department had advised that when a problem with the road is created, it is the responsibility of the party creating the problem to pay for the remedy. Mr. Stiles then moved to amend Mr. Rosenberger's motion to include the stipulation that the cost of improvement of Route 739 be included'_in the con- struction cost of the new high school. Dr. Fish seconded this motion and it was denied by the following recorded vote: Aye - Dr. Raymond L. Fish and Kenneth Y. Stiles. Nay - S. Roger Koontz, Thomas B. Rosenberger and seconded by Will L. Owings, and R. Thomas Malcolm. Therefore 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, Virginia does herein approve Site Plan No. 006 -78 of the Frederick County School Board for the James Wood High School Applie Pie Ridge Campus located on the North Side of Route 739 near the intersection of Route 522 as recommended by the Planning Commission, with the stipulation that the rear entrance be built and open when ;the school is completed. The above resolution was passed by the following recorded vote: Aye - 11Thomas B. Rosenberger, S. Roger Koontz, Will L. Owings, and R. Thomas Malcolm. �1 C J • • • Nay - Dr. Raymond L. Fish and Kenneth Y. Stiles stating that he would vote nay 275 in light of the question on grades and cost of reconstruction of Route 739. SITE PLAN ON. 004 -78 - SIMON P. NEWLIN, INC. - APPROVED Mr. Berg presented the site plan of Simon P. Newlin, Inc. and stated that the )lanning Commission recommended approval of said site plan. Mr. Koontz asked if there was an overall plan for development of this area and Mr. Berg replied that there is an overall plan but a much more comprehensive an for the area will be presented to the Board in'-.'the very near future. There followed a general discussion regarding. iof! properties in this area as set forth on.approved site plans. Dr. Fish asked what would be located on the property and Mr. Berg replied • that there would be a pile of sand (approximately -200 tons) and a building for asphalt paving. Dr. Fish asked if mixing would be permitted in the asphalt paving building and Mr. Berg advised that it would not; that the building would be used for storage. There followed a brief discussion regarding the storage of disabled ... vehicles L P i and machinery on the property and Mr. Berg advised that the storage of disabled vehicles is not included in the site plan. 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, Virginia, does herein approve Site Plan No. 004 -78 of Simon P. Newlin, Inc. to operate a retail sand and asphalt paving business on their property located on the east side of Lenoir Drive in the Stonewall Magisterial District with the stipulation that no additional site plans will be approved in this industrial development until such time as a master plan is presented for the area and futher:- with the stipulation that there would be no mixing done in the asphalt paving plant. 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. PUBLIC HEARINGS ORDINANCE TO AMEND THE FREDERICK COUNTY CODE A DOPTED JANUARY 14, 197 Mr. Berg read the ordinance in full. There was no opposition. Dr. Fish moved to approve the ordinance and his motion was seconded by Will. L. Owings. Mr. Berg stated that Section 21 -1 Auction Houses ;(definitions) had been n LJ omitted and that the section set forth as 21 -1 should read 21 -16 and the section orth as 21 -16 should read 21 -26. Mr. Owings then moved to approve these-amendments and the motion was seconded by R. Thomas Malcolm and passed unanimously. Upon motion made by Dr. Raymond L. Fish and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following ordinance, as amended, on third and final reading: ' II AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE CHAPTER 21 14. 1976 276 An Ordinance to amend certain sections of Chapter 21, "Zoning of the Frederick County Code adopted October 13, 1976, as amended, to read as follows: Section 21 -1 Auction Houses (To the list of definitions) A building in which the commissioned public sale of goods to the highest bidder is conducted by a licensed auctioneer that occurs more frequently than once a year for other than community nonprofit organizations. Section 21 -16 (v) (6) Auction Houses (permitted with a Conditional vUse Permit in Agricultural - Limited, A -1, District) Section 21- 26;:(x) (18) Auction Houses (permitted with a Conditional Use Permit in Agricultural - '.Limited, A -2, District) Section 109. (1) Retail Stores Section 109. (38) Auction Houses (A permitted use in Business General, B -2, District) 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. ADOPTING AN OF THE Mr. Stiles stated that he felt the youth members and the at large members set forth in the proposed amendment to the recreation commission ordinance should be appointed by the Board rather than the Parks and Recreation Commission and further the at large members should serve for a term of two (2) years rather than one (1) year. Mr. Pike stated that the primary objective of the amendment was to have the youth... members-serve two year terms. He stated that the Parks and Recreation 11 i Commission is an advisory body only which makes recommendations to the Board. Mr. Owings stated that he felt the faculty at James Wood would be much more qualified to select the student members then the Board would. Mr. Stiles stated that the youth members would be nominated through the School and the Board would approve their appointment. He added that he felt the Board should exercise ultimate control over the membership of any County commission or committee. Dr. Fish suggested that the youth members be set forth as one junior and one senior and Mr. Pike advised that inasmuch as the student members are appointed in May, the term "rising junior" and "rising senior" should be used. The Board agreed with this wording. Mr. Stiles then moved to approve the ordinance with the following amendments: 1. The two (2) student members to be appointed by the Board of Supervisors one a rising junior and one a rising senior 2. The two (2) members at large to be appointed by the Board of Supervisors for a term of two years. This motion was seconded by Will L. Owings. BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve on third and final reading the following ordinance as amended: AN ORDINANCE ADOPTING AN AMENDMENT TO CHAPTER 16 OF THE CODE OF THE COUNTY OF FREDERICK, VIRGINIA OF 1976. BE IT ORDAINED by the Board of Supervisors of the County of Frederick, Virginia: Section 1. That Section 16 -3 of Chapter 16 of the Frederick County Code Of 1976 be amended in its entirety to read as follows: is F I • • i 277 There shall be ten members on the commission; One from each County magisterial district, appointed by the Board of Supervisors and to serve four year terms; two youth members one a rising junior and one a rising senior, to be appointed by the Board of Supervisors for terms no longer than two years, such youth members to be nominated for consideration by the James Wood High School Student Cooperative Association; two members appointed by the Board of Supervisors at large to serve two year terms; and the Board of Supervisors to appoint one of its own members to serve during his term of office. Section 2. This ordinance shaII2.be in full force and effect upon passage by 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 Kenneth Y. Stiles. OF Mr. Berg presented the Recreation Plan and stated that the Planning Commission recommended approval of the plan. Mr. Stiles moved to strike Section 5 on Page 13 dealing with the construction • of an indoor swimming pool in the new high school. Mr. Pike explained that the Recreation Plan is a guideline indicating the general direction of.the:-recreation program for the County for the next several years; that nothing therein is an obligation to anyone and that all components.of the plan would depend upon funding and approval by the Board of Supervisors. He stated that the pool was planned as a possibility for the future. Dr. Fish asked if procuring grant funds would hinge upon having this in the plan and Mr. Pike stated taht he felt this could be a factor. Mr. Langdon Gordon stated that when applying for some grants it is favorable to have these plans and therefore strengthen the case for funding. Mr. Stiles asked if in the future the County could be made to comply with • all the plans set forth in this document. He stated that other counties have experienced severe problems with things of this type: Mr. Gordon stated that he felt their problems dealt more with land use and development areas. Mr. Stiles motion died for lack of a second. Mr. Malcolm asked if items A through K on Page 15 had been implemented and Mr. Berg stated that they had not but that work had begun on some of them. Mr. Stiles asked if the fact that the state was considering a park in the • Stephens City area would have any impact on county recreation plans and Mr. Pike stated that it was his understanding that the state is investigating the possi- bility of a public fishing lake and that the Commission of Game and Inland Fisheries does not build parks. He added that he did not think this would effect any of the County plans to a great extent. Mr. Stiles asked if the County would have any input on the plans the state may have and Mr. Berg stated that should federal funds be used there would _ necessarily be an A -95 review of the project which would allow the county the opportunity to see if their plans are in accordance with the County plans. Mr. Stiles stated that he would like to see another section added to the plan wherein the general thinking of the Board along these lines could be set forth. Mr. Koontz stated that this could be done. 278 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, Virginia, does herein approve the Recreation Plan and the Inventory of Capital Facilities Section of the Frederick County Comprehensive Plan as submitted, a copy of which shall be kept on file in the Office of the County Administrator. 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 noting his objection to Section 5 on Page 13 of said plan. ` CONDITIONAL USE PERMIT - LAKE HOLIDAY COUNTRY CLUB, INC. - APPROVED Mr. Berg presented the application for conditional use permit of Lake recommended approval of this request. Holiday Country Club, Inc. to erect a sign and stated that the Planning Commission 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, Virginia does herein approve Conditional Use Permit No. 002 -78 of Lake Holiday Country Club, Inc. to erect an identification sign, 8 feet by 20 feet, for The Summit to be located on the property of Mr. Ed Lizer off Route 422 in the Gainesboro Magisterial District with the conditions that Highway Department requirements as to set back be observed and the permit must be renewed annually as recommended by the Planning Commission. 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 NO. 001 -77 - W. S. FREY COMPANY, INC. - APPROVED Mr. Berg presented the application for Conditional Use Permit of W. S. Frey Company, inc. and stated that the Planning Commission recommended approval of this permit. 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 approve Conditional Use Permit No: 001 -77 of the W. S. Frey Company, Inc. for the permanent location and operation of an asphalt plant of their property located off State Route 749 in the Stonewall Magisterial District with the stipulation that the permit must be renewed.annually. mended by the Planning Commission. 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, Kenneth Y. Stiles. The Board recessed for ten minutes. PRESENTATION BY FREDERICK COUNTY EXTENSION HOMEMAKERS Mrs. Don Richardson, President of the Frederick County Extension Homemakers Club, appeared before the Board and presented a statement criticizing the Board's involvement in the controversy regarding the conflict between Mrs. Pauline Baccary Frederick County Extension Agent and V.P.I & S.U. Mr. Stiles stated that the Board of Supervisors had been advised that they had no control over who was placed as an extension agent in the County other than the approval of rejection of the candidate for such a position. He further stated that the State Code places the responsibility with V.P.I for the employment of agents. M • r • • • Mrs. Richardson replied•lthat inasmuch as taxpayers money is spent to provide '279 1/3 of the salary for the agents she felt the Board should do something whereby they would have more input in these decisions. PRESENTATION BY ASAP Mr. Rick Miller, Director of the Alcohol Safety Action Project appeared before the Board and presented a statement regarding the Board's denial of the position of office manager in the ASAP office effective May 1, 1978, stating that inaccurate information had been presented to the Board which led to this decision. There was a discussion as to whether or not the proper procedure had been • followed by the ASAP Director in his hiring of a clerk typist in his office. Mr. Miller advised that this person was hired to fill an approved vacancy in his office, and the procedure he followed had been correct. Both Dr. Fish and Mr. Stiles stated that the entire situation had not yet been entirely discussed. Mr. Malcolm stated that perhaps the Board should retire into executive session to discuss this matter inasmuch as it deals•.iIith The Board agreed to go into executive session at the conclusion of the meeting to discuss this matter. RATEPAYERS ASE Mr. William Swartz appeared before the Board of Supervisors and requested • endorsement of a petition requesting the State Corporation Commission to hold a public hearing in Winchester with representatives of Potomac Edison to discuss electric rates. He advised that several Boards and organizations had already endorsed the petition and that the Farm Bureau is now preparing to endorse it. Mr. Stiles stated that the Farm Bureau had not yet endorsed the petition and that he had suggested that the Ratepayers Association present it to the Farm Bureau for consideration. 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, Virginia, does herein endorse the petition of the Potomac Edision Ratepayers Association requesting that the State Corporation Commission hold a public hearing in Winchester, Virginia, to hear testimony and evidence regarding the application of Potomac Edison for a rate increase which is pending before the State Corporation Commission; and, BE IT FURTHER RESOLVED, That the Board also endorses the "Motion for Further Hearing in Winchester" drafted and filed in Case No. 19810 by Richard L. Weinberg, Protestant. The above resolution was passed by the following recorded vote: Aye - n LJ S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. BUDGET FOR FISCAL YEAR 1978 -1979 APPROVED AS AMENDED ` Mr. Stiles stated that he-felt the Title XX funds should be listed in the budget as a part of federal revenues order that expenditures and revenue would balance. Following a brief discussion the Board agreed with this suggestion. Mr. Stiles stated that under Item 7002 of the General Ledger Accounts, under the School Debt and Construction Fund, the'cash operating balance was $3,525,182, $3,000,000 of which is bond money; that as of this date $67,000 has been spent for the new high school. He stated that the money for the new school would then.be $3,000,000 less $67,000, which would mean there was an actual balance of $525,182 plus $67,000 in that fund. He then moved that the Board take $100•,'.000" from this fund to apply to the school debt payment to reduce the deficit. by $100,000. He stated that this would in effect allow the Board to reduce the increase in taxes from 250 to 1516 and still leave a balance in this fund of $490,000 over land above the bond money. Dr. Fish stated that he felt this would be a'.legitimate' kind :of tadj.ustment since that is why we have been setting aside this money.. He then seconded Mr. (Stiles' motion. There followed a brief discussion wherein Mr. Koontz and Mr. Owings expressed concern regarding taking money from this fund which had been set aside for Ifacilities and placing it into operations. Mr. Stiles' motion was defeated by the following recorded voter Aye - Raymond L. Fish and Kenneth Y. Stiles. Nay - S. Roger Koontz, Thomas B. Rosenberger, R. Thomas Malcolm, and Will L. Owings. Mr. Rosenberger then moved to take from the surplus fund the necessary money Ito balance the budget without raising taxes stating that he felt that it was time to use this fund for a situation such as the one the Board is facing now. This motion was seconded by Kenneth Y. Stiles. Mr. Stiles expressed concern regarding taking money form the surplus fund inasmuch as the County will have to build court facilities in the near future and will have to go to the bond market to do so which will cost the County $482,000 over a period of 20 years if this $241,000 is spent now. He stated that this was why he had offered his motion to take funds from the school debt and construction fund inasmuch as-this money was not earmarked for a specific project. He added that he had also intended to offer a motion to reduce the operating expenses in the budge by 18 across the Board thereby reducing the budget by $130,800; that if this was done we would only have to take $90,000 from the surplus fund. Mr. Koontz stated that the problem with cutting individual budgets at this point would be that the Board would have very little knowledge as to what effect this might have. Mr. Malcolm and Mr. Owings expressed concern regarding spending money from the surplus fund at this time when it may be necessary in the near future to borrow funds at a higher interest rate. Upon motion made by Thomas B. Rosenberger and seconded by.Kenneth Y. Stiles, WHEREAS, A notice of public hearing and a budgetsynopsis has been published and a public hearing held on May 2, 1978, in accordance with title 15.1 -162 of the Code of Virginia, 1950 as amended: THEREFORE BE IT RESOLVED, By the Board of Supervisors of the County of Frederick, Virginia, that the budget for the 1978 -1979 fiscal year, as outlined in the document entitled "Fiscal Plan 1978 -1979, Frederick County, Virginia" as amended, be hereby approved in the amount of $23,838,720 and that appropriations in the amount of $23,838,720 be hereby authorized for the 1978 -1979 fiscal year; and, BE IT FURTHER RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein adopt the tax rate for the fiscal year 1978 -1979 as herein presented at a rate of $2.60 to be applied to real estate and the rate of $4.00 to be applied to personal property; and, BE IT. FURTHER RESOLVED, That appropriations are hereby authorized for the Northwest Regional Jail Fund, Central Stores Fund, Special Welfare Fund, School Textbook Fund and executed Performance Bonds - Trust Fund equal to the total cash balance on hand at July 1, 1978 plus the total amount of receipts for the fiscal year 1978 -1979. • • • • I The above resolution was passed by the following recorded vote: Aye - 281 S. Roger Koontz. Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. FINANCE COMMITEE RECOMMENDATIONS Mr. Rosenberger presented the recommendations of the Finance Committee and the following action was taken: BUDGET. ADJUSTMENT REGARDING SALARIES OF ASSISTANT COMMONWEALTH ATTORNEY'S - APPROVED Upon motion made by Dr. Raymond L. Fish and seconded by Thomas B. Rosenberger, BE IT RESOLVED, By the Frederick County Board of Supervisors that the following • employees salaries are increased to annual amounts as listed below, effective this date, and that said salaries shall remain in effect through the fiscal year ending June 30; 1979: G. R. Williamson D. S. Whitacre $11,000 8,400 BE IT FURTHER RESOLVED, That the following 1977 -1978 budget adjustment is authorized to implement above stated action: • TRANSFER FROM: 18- 018E -299B Reserve for Contingencies $ 724.00 TRANSFER TO: 05- 005C -102C Compensation of Assistant Commonwealth Attorney $ 580.00 05- 005C -102C Compensation of Assistant Commonwealth Attorney 144.00 $ 724.00 BE IT FURTHER RESOLVED, That the 1978 -1979 budget shall be adjusted as follows: FROM: • 18- 018E -299B Reserve for Contingencies $4,129.00 TRANSFER TO: 05- 005C -110B Compensation of Assistant Commonwealth Attorney $3,580.00 05- 005C -110C Compensation. of Assistant Commonwealth Attorney 549.00 $4,129.00 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. 1976 PONTIAC TO BE SOLD AT PUBLIC AUCTION The Board agreed to sell at public auction the 1976 Pontiac which had been taken off the road by the Frederick County Sheriff's Department. BUDGET ADJUSTMENT..'- DONATION FROM MR. CLAUDE K. BENNINGTON - APPROVED Upon motion made by Dr. Raymond'L. Fish and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the following budget adjustment in order to permit the donation received from Mr. Claude K. Bennington to complete the lighting of Field #3 at Stephens City Park to be utilized: Increase Revenue 05 -7270 $2,500 Increase Expenditure 19- 018F6 -601B $2,500 The above resolution was passed by the following recorded vote: Aye - 28.2 S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. The Board directed that a letter of appreciation be sent%.to Mr. Bennington for this generous donation. $4,000 DONATION TO REYNOLDS STORE FIRE COMPANY APPROVED UPON CHARTER Upon motion made by Thomas•B. Rosenberger and.seconded by Kenneth Y. Stiles, BE IT RESOLVED, By the Frederick County Board -of Supervisors that the Reynolds Store Volunteer Fire Department is hereby recognized as an active fire company (pehding reception of charter) of Frederick County; and, BE IT FURTHER RESOLVED, That $4,000 is hereby appropriated to said fire Company for the fiscal year 1978 -1979; said funds to be transferred from Reserve for Contingencies upon reception of charter of said company. 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. ACTION ON NPD ES PERMIT FOR PIONEER TRAILER PARK TABLED Upon motion made Dr. Raymond L. Fish and seconded by.Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein table action on a request for approval of an NPDES permit for the Pioneer Trailer Park in the Opequon Magisterial District to the next regular meeting on May 24, 1978. 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. RESOLUTION PE FIRE COMPANIES TO PURCHASE THROUGH - wnnn^Tron Upon motion. made by Kenneth Y. Stiles and seconded by Thomas B. Rosenberger, BE IT RESOLVED Board•l..ofi'Supervisors of the County of Frederick, Virginia, does herein grant permission to the county fire companies to purchase goods through the County purchasing agent in accordance with the County's purchasing procedures and policies with the stipulation that said purchases shall have a $50.00 minimum. 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. CONTRACT FOR PARK SECURITY - ADVANCE INDUSTRIAL SECURITY - APPROVED Upon motion made by Will L. Owings and seconded by Thomas B. Rosenberger, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia`, does herein approve the contract for park security with Advance Industrial Security as submitted, said service to begin on May 13, 1978 at a rate of $4.77 per hour per guard. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. Rosenberger, Dr. Raynand L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. STUDENT GOVERNMENT DAY SET FOR MAY 25, 1978 The Board set the date of May 25, 1978 as Student Government Day for Frederick County. • i • • C � J L� 1 ORDINANCE - FIRST AND SECOND READING The following ordinance was presented on first and second reading: 283 ZMAP #003 -78 SUBMITTED BY THE FREDERICK COUNTY .PLANNING COMMISSION FOR DOUGLAS O'..GRIMM, P. O. BOX 758, WINCHESTER, VIRGINIA, WHO HEREBY REQUESTS THAT EIGHTY =ONE (81) ACRES OFF ROUTE 673 NOW ZONED RESIDEN- TIAL- GENERAL DISTRICT (R03) AND APPROXIMATELY EIGHT -SIX (86) ACRES OFF LENOIR DRIVE NOW ZONED INDUSTRIAL- LIMITED (M -1) BE REZONED AGRICULTURAL - GENERAL (A -2). THESE PROPERTIES ARE DESIGNATED AS PROPERTY IDENTI FICATION NU MiERS 0043A0000016, 00430A0000017". 00430A0000021, AND 00430A0000055B AND ARE IN STONEWALL MAGISTERIAL DISTRICT MONTHLY STAFF REPORT ACCEPTED After review, the Monthly Staff Report was accepted. APPOINTMENT OF LIBRARY COORDINATING COMMITTEE HELD OVER Mr. Koontz announced that the appointment of the Library Coordinating Committee would be held over until the next meeting of the Board. FENCING OF DUMPSTER SITES DISCUSSED • Mr. Rosenberger asked when the dumpster sites would be fenced and Mr. Renalds stated that he would check on the progress of this project and report back to the Board. MEETING WITH EXTENSION SERVICE OFFICIALS REQUESTED Mr. Stiles stated that he felt the Board-' request one more meeting • with officials of the Extension Service and Mr. Koontz stated that he felt this would) be permissable. BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by R. Thomas Malcolm, and seconded by Will L. Owings, 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 Thomas B. Rosenberger, seconded by Will L. Owings, and passed unanimously, the Board withdrew from executive session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by Will L. Owings, seconded by Dr. Raymond L. Fish and CJ Z . 40 passed unanimously, the Board reconvened into Regular Session. UPON MOTION DULY MADE, SECONDED AND PASSED.UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. S cretary, Board of Supervisors A Regular Meeting of the Frederick County Board of Supervisors was held on May 24, 1978, at 7:30 P.M. in theBoard 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. INVOCATION The invocation was delivered by Reverend Fred Bowman of the Calvary Church of the Bretheren. APPROVAL OF MINUTES Upon motion made by Dr. Raymond L. Fish and seconded by Kenneth Y. Stiles, C ME BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the minutes of the Regular Meeting of this Board held on May 10, 1978, 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 Kenneth Y. Stiles. DISCUSSION WITH HIGHWAY DEPARTMENT ON PROPOSED SIX YEAR PLAN Mr. John Chiles, Resident Engineer, Mr. J. A. Copp, Maintenance Supervisor, and Mr. R. C. King, Assistant Resident Engineer, appeared before the Board representing the Virginia Department of Highways and Transportation to discuss the proposed six year plan. Mr. Chiles stated that this meeting would be strictly a work session and a public hearing would be held at a later date. Mr. Chiles reviewed briefly the proposed six..year plan and explained the cash flow of funds and how they would be allocated to the projects over the next six years. He advised that the plan presented did not contain the Apple Pie Ridge Project ( Route 739) and that he did not feel this project, which would cost 1.3 million dollars should be included in this plan. Mr. Chiles stated that the County's allocation is based on several factors; (1) area (square miles); (2) population; (3) road mileage: (4) vehicle miles traveled; and (5) special needs. He advised that several bridges were contained in the plan in that the Highway Department is attempting to systematically eliminate the small weak bridges in the County. The reconstruction of Cedar Creek Grade was discussed and Mr. Chiles advised that plans at this time are to build a four lane undivided highway from Route 37 to the west corporate limits of Winchester. Several Board members expressed concern. with this project. Mr. Rosenberger asked why funds allocated for certain•projects.could not be moved around in order to complete projects which the Board considers more pressing and Mr. Chiles advised.that this method would not speed up the completion of projects inasmuch as it takes approximately four to five year lead time to prepare a project for contract. Dr. Fish stated that Route 682 is in very severe need of repair and Mr. Chiles advised that the count on this road is 55 vehicles per day-and that low count projects could be considered in the special needs category. Mr. Rosenberger stated that he objected to the funds set aside for Route 729 when other projects would serve more people such as Routes 600, 608, and 614. Mr. Malcolm asked if any planning had been done regarding the bridge on Route 82( which is extremely narrow and Mr. Chiles stated that this was not in the plan but that he would look at it. The Board requested comments on the plan from Mr. Berg the County Planner and he stated that the Planning Commission had had a brief introduction to the plan and had been no reaction as yet. He advised that the six year plan generally meets the. County's transportation plan. Mr. Berg stated that he felt projects should be considered in the highly developed or developing areas and that traffic control should be addressed at the intersection of 1 -81 and Route 277. He stated that there were no new roads addressed in the plan, that there was no provision to accept Baker Lane in the Secondary System and that the road connecting Route 622 and Route 628, in the vicinity of the Apple Valley Subdivision, would serve County citizens should it be taken into the System. • 1 .0 • • 2`8 5 Mr. Chiles stated that the Highway Department is bound by law as.to what roads they can accept into the Secondary System. He explained briefly the guidelines (which must be followed for ',. _; acceptance of roads-into the System. Mr. Rosenberger asked if the Board could review the plan and then either change the priorities or eliminate projects should they so desire and Mr. Chiles stated that the Board could do this but that would not necessarily mean that the Highway Department would go along.with these changes. The Route 739 project was discussed briefly and Mr. Koontz advised that he did not feel the Board intended to spend $1.3 million dollars from secondary road funds on this project thereby delaying other projects for several years. Mr. Chiles advised that repair work on the dip on Route 739 would begin very • soon. Mr. Rosenberger stated that this had not been approved by the Board and he was not sure exactly what procedure should be followed. Mr. Koontz advised that it was his understanding that this would not come from the secondary road funds but would come from some sort of contingency fund. Mr. Rosenberger and Dr. Fish,requested that the junction of Route 620 and 622 .0 The addressed by the Highway Department inasmuch as several accidents have occurred at this site. Mr. Stiles stated that he felt Route 681 would be the only problem he could see in the first year of the plan and Mr. Chiles stated that he felt this project was too far along to be discontinued. Mr. Chiles requested tht the Board contact him should anything in the first 1year of the plan need urgently to be changed inasmuch as the budget must be submitted to Richmond for approval within the next five weeks. The Board agreed with this request. CONDITIONAL USE PERMIT N0.- 004 -78 - B. J. SAGER - BACK CREEK DISTRICT - APPROVED Mr. Berg presented the request for conditional use permit of B. J. Sager and • 1 stated that the Planning Commission recommended approval of a non - transferable permit. 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, (Virginia, does herein approve Conditional Use Permit Number 004 -78 of B. J. Sager to operate an Anheuser -Busch distributorship and related activities in the former Trus Joist building on Route 11 South in the Back Creek District with the stip- ulation that said permit shall be non - transferable. The above resolution was passed by the following recorded vote: Aye - U S. Roger Koontz, Thomas B. Rosenberger, Dr. Raymond L. Fish, Will L. Owings, 1. R. Thomas Malcolm and Kenneth Y. Stiles. SUBDIVISIONS• FORT COLLIER FARMS - STONEWALL DISTRICT - APPROVED Mr. Berg presented the subdivision plat of Fort Collier Farms and stated that the applicant desires to deed to the Highway. Department a portion of Brooke Road. He advised that the Planning-Commission recommended approval of this sub- division. 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, Virginia, does herein approve the subdivision request of Fort Collier Farms' located in the Stonewall Magisterial District in order that a portion of Brooke Road 60 feet wide and approximately 690 feet long might be deeded to the Virginia Department of Highways and Transportation. 2 8..6 . The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Thomas B. YRosenberger, Dr. Raymond L. Fish, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. RUSSELL CARROLL LOTS - STONEWALL DISTRICT - APPROVED Mr. Berg presented the subdivision request of Russell Carroll stating that it is requested that the property be subdivided so that one property might be deeded to a member of the family.. He stated that there are two existing houses on the property and that the applicant is aware of the fact that one of the houses will be non - conforming. Mr. Berg stated that the Planning Commission recommended approval of this subdivision. Upon motion made by KennetMY. Stiles, and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the -Board of Supervisors of the County of Frederick, Virginia, does herein approve the subdivision of the Russell Carroll Lots located in the Stonewall Magisterial District into two parcels as recommended by the Planning Commission. 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. NPDES PERMIT - PIONEER TRAILER PARK - OPEQUON DISTRICT - APPROVED 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 approve the issuance of an NPDES' permit by the State Water Control Board in order that the Pioneer Trailer Park, on Secondary Route 636, might update their existing lagoon. 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. MPOINTMENTS TO LIBRARY COORDINATING COMMITTEE CARRIED FORWARD Mr. Koontz stated that the appointments to the Library Coordinating Committee would be carried forward. RECOMMENDATIONS FROM THE COMMITTEE ON LAW ENFORCEMENT AND COURTS Dr. Fish presented the recommendations from the Committee on Law Enforcement and Courts and the following action was taken. L ORD FAIRFAX PLANNING DISTRICT CRIMINAL JUSTICE PLAN UPDATE APPROVED 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, Virginia, does herein approve-the goals and objectives of the Planning District's 1979 Criminal Justice Plan Update and also approves the projects and their priority ranking as submitted in the Phase II of that update and does agree that both of the foregoing are in conformance with the needs of the County. 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 TO STUDY POSSIBILITY OF CONSOLIDATING HUMAN SERVICES AGENCIES that.the Board members study the enabling legislation enacted by the General•.Assemblyl Dr. Fish stated that the Committee on Law Enforcement and Courts requested wherein human services organizations might be consolidated into one body. The Board agreed to study these documents. • • • U r 1 LJ 0 19A • • STATE REPRESENTATIVES INVITED TO DISCUSS LEGISLATION WITH THE BOARD OF SUPERVISORS The Board directed the County Administrator to invite our State representatives to attend the second Board meeting in June to discuss proposed legislation with the Board Members. PUBLIC HEARING ON SIX YEAR PLAN SET FOR JUNE, 28, 1978 The Board agreed to meet on May 31, 1978 with representatives.of - the Highway Department to continue discussion on the proposed six year plan. 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, Virginia, does herein set the date of June 28;,1978, for the joint public hearing with the Virginia Department of Highways and Transportation on the proposed-six year plan for Frederic, County, 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. REPORT FROM ROAD NAMES COMMITTEE REQUESTED Mr. Malcolm asked if the Road Names Committee had begun work and Mr. Renalds, advised that they had : 1 met once and are now gathering information. Dr. Fish requested that a report from this Committee be presented during the month of June for the Board's review. REPORT CAPITAL FACILITIES COMMITTEE Mr. Malcolm reported that the Capital Facilities Committee would meet on May 25, 1978 and at that meeting the Subcommittee would present a recommendation regardin a consulting firm. He stated that the Committee anticipates a joint City Council/ 11 Board of Supervisors meeting with the consultants the first of June. Mr. Rosenberger asked how soon the study could be expected and if materials • 1 from previous studies would be used. Mr. Malcolm advised that the consultant estimates -a:time frame of approximately five months and that materials from previous studies would be utilized. 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 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 Will L. Owings, and • passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESSIO Upon motion made by Dr. Raymond L. Fish, seconded. by Thomas B. Rosenberger, and passed unanimously, the Board reconvened into Regular Session. BOARD ADJOURNS TO MAY 31, 1978 AT 7:00 P.M. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY THE BOARD ADJOURNED TO MAY 31, 1978, AT 7:00 P.M. Rig , 'Board o