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HomeMy WebLinkAboutSeptember 25, 1985 Regular MeetingA Regular Meeting of the Frederick County Board of Supervisors was held on September 25, 1985, at 7:15 P.M., in the Board of Supervisor's Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT Kenneth Y. Stiles, Chairman; Will L. Owings, Vice- Chairman; Robert M. Rhodes; Rhoda W. Maddox; Thomas B. Throckmorton and C. William Orndoff, Jr. CALL TO ORDER The Chairman called the meeting to order and asked that everyone observe a moment of silence in absence of a Minister. ADOPTION OF AGENDA Mr. Riley stated that the Board should appoint an Interim Zoning and Subdivision Administrator and further that he had a resolution for Board approval, and that he had a brief presentation to make to the Board. He further requested that all items be moved forward on the Agenda to be heard before the Public Hearing on the Health Department request. Mr. Stiles stated that the Finance Committee Report would not be moved forward. Upon motion made by C. William Orndoff, Jr., seconded by Rhoda W. Maddox and passed unanimously, the Agenda was adopted as amended. APPROVAL OF MINUTES Mr. Orndoff noted that the figure on Page 27 should read, 11 $165,000 ". Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the minutes of the Regular Meeting of August 28, 1985 were approved as amended. BLAINE WILSON APPOINTED TO THE PLANNING COMMISSION FROM SHAWNEE DISTRICT - APPROVED Upon motion made by Thomas B. Throckmorton, seconded by Robert M. Rhodes and passed unanimously, Blaine Wilson was appointed to the Planning Commission as a representative from Shawnee District, said term to commence October 4„ 1985 and terminate on October 4, 1989. APPROVAL OF 4 -H RESOLUTIONS Mr. Riley read the following resolutions and stated that these will be presented to the members at 4 -H Achievement Night in November: Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the following resolution was approved: RESOLUTION IN HONOR OF 4 -H DAIRY BOWL TEAM WHEREAS, the County 4 -H Dairy Bowl Team participated in the State 4 -H Congress in Blacksburg, Virginia, in June, and; 170 WHEREAS, they placed first in State competition, earning them an oportunity to compete at National level in November in Louisville, Kentucky, and; WHEREAS, this honor is the result of many hours of train- ing and hard work, and; WHEREAS, this achievement has brought honor and credit to the team, their club and their community. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors wishes to express their congratulations to the 4 -H Dairy Bowl Team for their outstanding achievement. BE IT FURTHER RESOLVED, that a true copy of this resolution be delivered to the 4 -H Dairy Bowl Team. RESOLVED this 25th day of September, 1985. /s/ Kenneth Y. Stiles /s/ Rhoda W. Maddox Kenneth Y. Stiles, Chairman Rhoda W. Maddox /s/ Will L. Owings Will L. Owings, Vice- Chairman /s/ Thomas B. Throckmorton Thomas B. Throckmorton /s/ Robert M. Rhodes Robert M. Rhodes ATTEST: /s/ John R. Riley, Jr. John R. Riley, Jr., Clerk Board of Supervisors /s/ C. William Orndoff, Jr. C. William Orndoff, Jr. Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the following resolution was approved: RESOLUTION IN HONOR OF CATHY L. CARPENTER WHEREAS, Cathy L. Carpenter is a 4 -H member in Frederick County, and; WHEREAS, she has earned the opportunity to attend the National 4 -H Congress in Chicago, Illinois in November with her achievement record book in Agriculture, and; WHEREAS, this award has been the result of many hours of training and preparation, and; WHEREAS, this achievement has brought honor and credit to her, her club and her community. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors wishes to express their congratulations to Cathy L. Carpenter for her outstanding achievement. BE IT FURTHER RESOLVED, that a true copy of this resolution be delivered to Miss Carpenter. RESOLVED this 25th day of September, 1985. /s/ Kenneth Y. Stiles /s/ Rhoda W. Maddox Kenneth Y. Stiles, Chairman Rhoda W. Maddox /s/ Will L. Owings Will L. Owings, Vice- Chairman /s/ Thomas B. Throckmorton Thomas B. Throckmorton /s/ Robert M. Rhodes Robert M. Rhodes /s/ C. William Orndoff, Jr. C. William Orndoff, Jr. ATTEST: 171 /s/ John R. Riley, Jr. John R. Riley, Jr., Clerk Board of Supervisors Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings and passed unanimously, the following resolution was approved: RESOLUTION IN HONOR OF EDWIN B. GATHER WHEREAS, Edwin B. Cather is a 4 -H member in Frederick County, and; WHEREAS, he has earned the opportunity to attend the National 4 -H Congress in Chicago, Illinois in November with his achievement record book in Beef, and; WHEREAS, this award has been the result of many hours of training and preparation, and; WHEREAS, this achievement has brought honor and credit to him, his club and his community. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors wishes to express their congratulations to Edwin B. Cather for his outstanding achievement. BE IT FURTHER RESOLVED, that a true copy of this resolution be delivered to Mr. Cather. RESOLVED this 25th day of September, 1985. /s/ Kenneth Y. Stiles /s/ Rhoda W. Maddox Kenneth Y. Stiles, Chairman Rtioda W. Maddox /s/ Will L. Owings Will L. Owings, Vice - Chairman /s/ Robert M. Rhodes Robert M. Rhodes ATTEST: /s/ John R. Riley, Jr. /s/ Thomas B. Throckmorton Thomas B. Throckmorton /s/ C. William Orndoff, Jr. C. William Orndoff, Jr. John R. Riley, Jr., Clerk Board of Supervisors Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, the following resolution was approved: RESOLUTION IN HONOR OF SCOTT A. WHITACRE WHEREAS, Scott A. Whitacre is a 4 -H member in Frederick County, and; WHEREAS, he was selected by the Virginia Council of Farmer Cooperatives to attend the National Institute of Cooperatives at the Kansas State University in Manhatten, Kansas, and; WHEREAS, this award has been the result of many hours of training and preparation, and; WHEREAS, this achievement has brought honor and credit to him, his club and his community. NOW, THEREFORE, BE IT RESOLVED, that the Frederick i County Board of Supervisors wishes to express their congratulations to Scott A. Whitacre for his outstanding achievement. BE IT FURTHER RESOLVED, that a true copy of this i resolution be delivered to Mr. Whitacre. 172, RESOLVED this 25th day of September, 1985. /s/ Kenneth Y. Stiles Kenneth Y. Stiles, Chairman /s/ Rhoda W. Maddox Rhoda W. Maddox /s/ Will L. Owings Will L. Owings, Vice - Chairman /s/ Robert M. Rhodes Robert M. Rhodes ATTEST: /s/ John R. Riley, Jr. John R. Riley, Jr., Clerk Board of Supervisors /s/ Thomas B. Throckmorton Thomas B. Throckmorton /s/ C. William Orndoff, Jr. C. William Orndoff, Jr. RESOLUTION IN HONOR OF ELVA W. COMBS WHEREAS, Elva W. Combs has been a County 4 -H Leader for 22 years, and; WHEREAS, she was tapped into the State Chapter of 4 -H All Stars in June, 1985 as an Honorary Member, and; WHEREAS, she has devoted many hours to the leadership and education of County 4 -H members. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors wishes to express their congratulations to Elva W. Combs for her outstanding achievement and contribution to the youth of Frederick County. BE IT FURTHER RESOLVED, that a true copy of this resolution be delivered to Mrs. Combs. RESOLVED this 25th day of September, 1985. /s/ Kenneth Y. Stiles /s/ Rhoda W. Maddox Kenneth Y. Stiles, Chairman Rhoda W. Maddox /s/ Will L. Owinas Will L. Owings, Vice - Chairman /s/ Robert M. Rhodes Robert M. Rhodes ATTEST: /s/ John R. Riley, Jr. John R. Riley, Jr., Clerk Board of Supervisors /s/ Thomas B. Throckmorton Thomas B. Throckmorton /s/ C. William Orndoff, Jr. C. William Orndoff, Jr. Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, with the exception of Mrs. Maddox who abstained from voting, the following resolution was approved: RESOLUTION IN HONOR OF RHODA W. MADDOX WHEREAS, Rhoda W. Maddox was awarded the State 4 -H Alumni Award in June, 1985, and; WHEREAS, this award is made to former 4 -H members to recognize them for their outstanding contributions to their community, and; WHEREAS, she has given many hours to all areas of Extension work, not only in the County of Frederick, but also in the State of Virginia. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County 173 Board of Supervisors expresses its appreciation to Rhoda W. Maddox for her many contributions to the Extension Program, not only within her community, but also her State. BE IT FURTHER RESOLVED, that a true copy of this resolution be delivered to Mrs. Maddox. RESOLVED this 25th day of September, 1985. /s/ Kenneth Y. Stiles /s/ Rhoda W. Maddox Kenneth Y. Stiles, Chairman Rhoda W. Maddox /s/ Will L. Owings Will L. Owings, Vice - Chairman /s/ Thomas B. Throckmorton Thomas B. Throckmorton /s/ Robert M. Rhodes Robert M. Rhodes ATTEST: /s/ John R. Riley, Jr. John R. Riley, Jr., Clerk Board of Supervisors /s/ C. William Orndoff, Jr. C. William Orndoff, Jr. PRESENTATION BY SWA ARCHITECTS, INC. Mr. Rob Comet of SWA Architects, Inc. appeared before the Board to make his presentation. He explained the changes that he was proposing for the Courtroom in the County Courthouse that would be used as the future meeting room of the Board of Supervisors. He further stated that the plans did not call for a great deal of change. He stated the area in question would be recarpeted and some electrical updating would be necessary. He further stated there would be an access ramp added for the handicapped and possibly one additional bathroom. Mrs. Maddox stated that she did not agree with the plans as far as where the staff table was to be located as the Board would not have eye contact with the staff and she felt this was important. Mr. Stiles stated that this would be referred back to the Public Works Committee for their review and recommendation. Mr. Comet stated that he would like to bring to the Board's attention , the possibility of renovating the present County Administration Building. He further stated that the building had a lot of possibilities and that he would like to recommend that a study be done on this. Mr. Stiles requested that this is to be taken under advisement by the i' Public Works Committee. JOHN R. RILEY JR. APPOINTED AS INTER_ IM ZONING AND SUBDIVISIO ADMINISTRATOR Upon motion made by Will L. Owings, seconded by Rhoda W. Maddox and passed unanimously, Mr. Riley was appointed Interim Zoning and Subdivision Administrator. 174 RESOLUTION IN HONOR OF JOHN T. P. HORNE - APPROVED Mr. Riley read the following resolution: Upon motion made by Thomas B. Throckmorton, seconded by Robert M. Rhodes and passed unanimously, the following resolution was approved: RESOLUTION IN HONOR OF JOHN T. P. HORNE WHEREAS, John T. P. Horne served as Deputy Director of Planning and Development from January 1, 1980 to August 31, 1981 and Director of Planning and Development from September 1, 1981 to September 30, 1985, and; WHEREAS, he did faithfully serve the citizens of Frede- rick County with dignity, dedication and wisdom, and; WHEREAS, he possessed the highest devotion to duty as a staff member in directing and carrying out the business of the Frederick County Planning Department, and; WHEREAS, his experience and judgement was respected and relied upon by the various Boards and Commissions that he worked with as well as by his fellow staff members. ' NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors wishes to express their appreciation to John T. P. Horne for his years of conscientious service to the citizens of Frederick County. BE IT FURTHER RESOLVED, that a true copy of this resolution be delivered to Mr. Horne. RESOLVED this 25th day of September, 1985. /s/ Kenneth Y. Stiles Kenneth Y. Stiles, Chairman /s/ Will L. Owings Will L. Owings, Vice- Chairman /s/ Robert M. Rhodes Robert M. Rhodes ATTEST: /s/ John R. Riley, Jr. John R. Riley, Jr., Clerk Board of Supervisors /s/ Rhoda W. Maddox Rhoda W. Maddox /s/ Thomas B. Throckmorton Thomas B. Throckmorton /s/ C. William Orndoff, Jr. C. William Orndoff, Jr. CERTIFICATE FOR ECONOMIC DEVELOPMENT PRESENTED TO COUNTY AND CITY OF WINCHESTER FROM GOVERNOR ROBB Mr. Riley stated that he would like to present a Certificate for Economic Development to the Board that was presented to him in Richmond on the 23rd by Governor Robb. Upon motion made by Thomas B. Throckmorton, seconded by Robert M. Rhodes and passed unanimously, the above mentioned certificate was accepted. PLANNING COMMISSION BUSINESS PUBLIC HEARING .(CATION #006 -85 - BARBARA A. HAINES - AGISTERIAL DISTRICT - APPROVED 175 Mr. Horne presented this request and stated that the Planning Commis- sion unanimously recommended approval. Mrs. Haines appeared before the Board on behalf of her request. No one appeared in opposition to this request. Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, rezoning application #006 -85 of Barbara A. Haines, Box 14, Mt. Falls Route, Winchester, Virginia, to rezone .66 acres, located on Route 11 South in Kernstown, from RP (Residential Performance) to B -2 (Business General) for a licensed Day Care Center for Children was approved. This property is identified on Tax Map Number 63 as Parcel Number 79 in the Back Creek Magisterial District. Upon motion made by Robert M. Rhodes, seconded by Rhoda W. Maddox and passed unanimously, it was approved for Mrs. Haines to hook up to City water and sewer. ORDINANCE AMENDMENTS Mr. Horne presented the following Ordinance amendments: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, ARTICLE I, IN GENERAL: SECTION 1- Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, the following resolution was approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, ARTICLE I, IN GENERAL; SECTION 1 -1, DEFINITIONS AS FOLLOWS: Social Centers - A structure and /or lot, owned or leased by a non - profit association, used for the purpose of providing a location for community or neighborhood social, recreational, or cultural activities. Such uses shall not include commercial outdoor or indoor recreation, athletic or park facilities; or retail stores or shops; or commercial uses such as dance halls or game rooms. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE -1 ZONE WITH Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, the following Ordinance amendment was approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING; ARTICLE III, AGRICULTURAL LIMITED DISTRICT, A -1; SECTION 3 -2, USE REGULATIONS; PARAGRAPH, 3 -2 -25, USES PERMITTED WITH A CONDITIONAL USE PERMIT AS FOLLOWS: 3 -2 -25.9 Nationally Chartered Fraternal Lodges or Civic Clubs, Social Centers and their related facili- ties. 176 AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING; ARTICLE IV, AGRICULTURAL GENERAL DISTRICT, A -2; SECTION 4 -2, USE REGULATIONS; PARAGRAPH 4 -2 -28, USES PERMITTED ONLY WITH A CONDITIONAL USE PERMIT. THIS A MENDMENT WOULD ALLOW SOCIAL CENTERS IN THE A -2 ZONING DISTRICT WITH A CONDITIONAL USE PERMIT -_ APPROVED Upon motion made by Thomas B. Throckmorton, seconded by Will L. Owings and passed unanimously, the following Ordinance amendment was approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING; ARTICLE IV, AGRICULTURAL GENERAL DISTRICT, A -2; SECTION 4 -2, USE REGULATIONS; PARAGRAPH 4 -2 -28, USES PERMITTED ONLY WITH A CONDITIONAL USE PERMIT AS FOLLOWS: 4 -2 -28.20 Nationally Chartered Fraternal Lodges or Civic Clubs, Social Centers and their related facilities. AN ORDI NANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING; ARTICLE V, RESIDENTIAL PERFORMANCE DISTRICT; SECTION 5 -2, USE REGULATIONS; PARAGRAPH 5 -2 -10, USES PERMITTED WITH A CONDITIONAL USE PERMIT. THIS AMENDMENT WOULD ALLOW SOCIAL CENTERS IN THE RP ZONE WITH A CONDITIONAL USE PERMIT - APPROVED Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the following Ordinance amendment was approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING; ARTICLE V, RESIDENTIAL PERFORMANCE DISTRICT; SECTION 5 -2, USE REGULATIONS; PARAGRAPH 5 -2 -10, USES PERMITTED WITH A CONDITIONAL USE PERMIT AS FOLLOWS: 5 -2 -10.3 Nationally Chartered Fraternal Lodges or Civic Clubs, Social Centers and their related club facilities, with an approved site plan meeting the requirements of this Code and with the following conditions: 5 -2- 10.3.1 All principal activities shall take place entirely within an enclosed structure. 5 -2- 10.3.2 All outdoor facilities shall be incidental to the principal facility or activity. 5 -2- 10.3.3 No facility or activity shall be erected or conducted less than 30 feet from any resi- dential district or area within other districts which are predominantly residential in nature. OTHER PLANNING ITEMS REQUEST FOR INDUSTRIAL ACCESS FUNDING - APPROVED Mr. Horne presented this request. Upon motion made by Thomas B. Throckmorton, seconded by Will L. Owings and passed unanimously, the following resolution was approved: BE IT RESOLVED, that the Virginia Department of High- ways and Transportation is hereby requested to construct a roadway to provide access to the site of Glaize and Brothers, located West of Route 728 in Frederick County, pursuant to Section 33.1 -221 of the Code of Virginia, 1950, as amended, 177 AND FURTHER BE IT RESOLVED, that the Board does guarantee the Commonwealth of Virginia an unrestricted right -of -way of sixty (60) feet with all necessary easements for cuts, fills and drainage; recorded in Deed Book 601, Page 748, in the Office of the Clerk of the Circuit Court. The Board does also guarantee that any adjustments of utilities will be done with funds other than those authorized under Section 33.1 -221 of the Code of Virginia, 1950, as amended. FIRE AND RESCUE COMMITTEE REPORT Mr. Orndoff, Chairman of the Fire and Rescue Committee, presented the following report and stated that it was for the Board's information only and no action was necessary: The Fire and Rescue Committee met on September 16, 1985, at 7:30 P.M., in the Round Hill Fire Company facility. All Fire Companies were represented except Stephens City and Gainesboro. Also present were Robbie Rhodes (Back Creek) and Bob Harriman. The following items were discussed: I. Items Requiring Board Action None. II. Items Not Requiring Board Action A. The Committee was advised that a public hearing on the Fire Protection Code change has been scheduled for October 9, 1985, in the Board Room, at 7:30 P.M. B. The Companies were invited to send representatives to the Public Works Committee Meeting on October 2nd to discuss the proposed Fire Administrator's job description. C. The Committee voted to give both surplus vehicles to Reynolds Store. D. The Committee voted to request the Public Works Committee to consider the County purchase of fusee's for County fire and rescue opera- tions. F. The next meeting of the Fire and Rescue Committee will be held on October 21, at 7:30 P.M., at the Round Hill (Co. 15) facility. PUBLIC HEARING THE VIRGINIA DEPARTMENT OF HEALTH WILL HOLD A PUBLIC INFO RMATIONAL MEETING TO MAKE APPLICATION TO LAND Mr. Wellington Jones, Engineer/ Director of the Sanitation Authority, appeared before the Board and introduced the staff members in attendance from the State Health Department, Mr. Ronald Connor, Mr. Tom Everly and Mr. Cal Sawyer. Mr. Jones made the following statement: 178 Mr. Chairman, Members of the Board, I am Wellington H. Jones, Engineer/ Director of the Frederick County Sanitation Authority, the Agency that is requesting to land apply liquid sludge. I want to address the reasons why the authority has submitted this request. The Abrams Creek Treatment Plant, as designed and built, proposed to dewater sludge in sand drying beds and dispose of the dried sludge in the Sanitary Landfill. By 1982, annual sludge production had increased to the level where it equalled the annual sludge dewatering capacity of the drying beds. We began experiencing problems with sludge storage during Winter months when the dewatering rate of the drying beds was minimal due to low temperatures and precipitation. In the Winter of 1983, a heavy rainstorm increased the hydraulic flow through the plant and washed the sludge out of the plant into Abrams Creek. This prompted the Authority to construct a small sludge lagoon to provide additional sludge storage during the Winter months and try to prevent another loss of solids to Abrams Creek. The lagoon was completed and placed into operation during the Winter of 1984. This past Winter, our sludge production increased to the point that all sludge storage was utilized and we again had solids washed out of the plant to Abrams Creek. Thus, the Authority applied for a permit to land apply sludge. We strongly feel this is an environmentally sound and the most cost effective solution to the problem. We selected the site because of its agricultural zoning, ability to meet the technical requirements of the State Health Department sewerage regulations which govern such operations and the close proximity to the Treatment Plant which will permit hauling the sludge from the Plant to the site without entering a public right -of -way. We have considered other alternatives, such as additional drying beds or sludge lagoons, but their capital cost is at least 2 to 3 times higher than the two year operational cost of land applying sludge, and those alternatives will also increase the Plant's operational costs. Furthermore, those alternatives are a mere stopgap measure and not a total solution to the problem. In summary, the Authority has pursued the alternative of land applying sludge because it is environmentally sound and it is the most cost effec- tive, thus having the least impact on our customers' bills. Mr. Throckmorton asked what the time frame for competition of the Regional Plant was. Mr. Jones replied approximately two years. Mr. Stiles asked if this sludge would be applied on the ground sur- face. Mr. Jones replied yes it would be hauled in a 2,000 gallon truck, this would be done for approximately two weeks within the year. Mr. Throckmorton asked if any other areas had been considered for this sludge application. Mr. Jones replied no as this is in good proximity of the Abrams Sewer Plant. Mr. Stiles asked about the odor caused by this sludge application. Mr. Jones stated that it should not be that bad and that it would be hauled either in late Winter or early Spring. At this time Dr. Sawyer presented a slide presentation of various sites approximately 50,000 acres within the State where sludge had been applied. Mr. Stiles asked if there were any technical problems with this site from the State Health Department's viewpoint. 179 Mr. Connor replied no, not at this point. Mr. Throckmorton asked if an additional site was selected would the State have to go through this same procedure again. Mr. Connor replied if the site was more than five miles from the site in question. Mrs. Lennie Mather, Senseny Road resident, approximately 1 1/4 miles from the site, appeared before the Board to oppose this request of the Sanitation Authority stating that she felt a moratorium should be put on building in the County instead of the Board continuing to approve subdivi- sion requests which only add to the already existing sewer problem and disposal of same within certain sections of the County, and if this i sludge needs to be disposed of somewhere other than the Plant, it should be dumped somewhere other than the proposed site. i Mr. Orndoff asked Mrs. Mather if she had any suggestions as to where this sludge could be hauled. Mrs. Mather responded that she felt the farm on Route 7 would be a good location. Mr. Harano Childs, resident of Greenwood Road, appeared before the Board to oppose this site for sludge dumping. Mr. Steve Culbert appeared before the Board and stated that he lived approximately one (1) mile from the proposed site and he too was opposed to this sludge dumping. He asked if the landowner was being paid to accept this sludge. Mr. Jones replied no. Mr. Harold Knight appeared before the Board to oppose this request stating that he did not live that close to the site but his Grandson lives just across the road from this proposed site. Mr. Robert Fletcher, area resident, appeared before the Board to oppose this request and asked who established the two hundred (200) foot buffer zone. Mr. Jones replied that it was State law. Mrs. Betty Winslow, resident living beside the proposed site, appeared before the Board to oppose this request stating that she did not feel the soil was suitable for this purpose and that the ground water could be affected. �I �! Mr. James Markley, resident of Frederick Heights, ., g appeared before the Board to oppose this request stating that he did not feel this should be u '1 done in a residential area and that he did notice that there were no houses shown adjacent to areas where sludge had been applied in the slides pre- sented by the State. Mr. Throckmorton stated that a great deal of concern had been expressed regarding this request. He further stated that area farmers have offered to take this sludge and that the cost factor involved in having this sludge moved elsewhere needed to be considered. He further stated that he would like to request that the Board of Supervisors urge the Sanitation Authority to explore alternate sites in less populated areas in the County and advise the Board of the costs involved in possibly using one of these less populated areas for the dumping of this sludge. The Board requested that this research information be made available to the Board at their meeting on October 23, 1985. FINANCE COMMITTEE REPORT Mr. Owings, Chairman of the Finance Committee, presented the following report: The Finance Committee met on Tuesday, September 10, 1985. All members were present. The following items require Board Action: Request from Division of Court Services for General Fund Appropriation for an Advance in the Amount of $30,560.00 Request for a General Fund appropriation for an advance to Division of Court Services in the amount of $30,560.00 to fund merit increases for Court Services' employees. These funds would need to be appropriated in the Divi- sion of Court Services' merit reserve. The Committee recommends approval. Mr. Stiles stated that it was his understanding that this Department was to be self sustaining when they became a County Department on July 1, 1985. He further inquired as to whether or not the funds were available to cover this request. Mr. Stiles agreed to approve this with the understand- ing that this is an advance to be paid back and the funds are to come from Court Services' Revenue, and in the event the revenue should not be there, the Board will decide at that time what steps need to be taken concerning the merit system and Court Services. Bluemont Concert Series and Shenandoah Arts Council - Grants Received Request for General Fund appropriation of grant received for Bluemont Concert Series ($2,000) and Shenandoah Arts Council ($300). No local funds are needed. 181 Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and unanimously, the above request was approved. Construction of Two Swimming Pools The Committee recommends the General Fund reserve out of Fund Balance pf $600,000.00 to be set aside to build two swimming pools in Frederick County. These funds are not to be released until total funds are secured to build both pools. The Committee also recommends that an application for a State grant be filed as soon as possible (which could bring up to $200,000) nd that a fund raising effort, to be conducted by Parks and Recreation, for ations from the community, begin immediately to raise the remaining funds build the two pools. Mr. Orndoff asked what happens if the money is not raised and State funds are not available. Mr. Owings replied no fund raising, no pools and he felt unless the entire County is included in the fund raising, it will not be effective. Mr. Stiles asked what happens if you raise enough funds for one pool not for two pools, we can't pay for one and depend on fundraising for e second pool. Mr. Rhodes stated that from the public input that he had received he felt money would be raised for two pools. Mr. Owings stated that the Parks and Recreation Department is in favor County wide fund raising projects and they feel it can be done. Mrs. Maddox stated that this decision is in direct opposition of what the Board voted on last November, for at that time the decision was if there were only funds for one pool, it would be located at Clearbrook. Mr. Fetter, Parks and Recreation Commission Member, appeared before the (Board stating that the Commission had really struggled with this situation at their last meeting at which time they were informed that the $200,000 in all probability would not be forthcoming from the State. The above recommendation was denied by the following recorded vote: Aye - Will L. Owings, Robert M. Rhodes and Thomas B. Throckmorton. Nay - iKenneth Y. Stiles, Rhoda W. Maddox and C. William Orndoff, Jr. This will go back to the Finance Committee for additional recommenda- 'kions. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. rockmorton and passed unanimously, the Board retired into Executive 182 Session in accordance with Virginia Code, 1950, Section 2.1 -344, Subsection A (6) to discuss Legal matters. BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENED INTO REGULAR SESSION Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the Board reconvened into Regular Session. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. C Cie bard of Supervi s