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HomeMy WebLinkAboutJanuary 11, 1984 Regular Meeting302 - - 1 W , A Regular Meeting of the Frederick County Board of Supervisors was held on January 11, 1984, at 7:30 P.M., in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT Kenneth Y. Stiles, Chairman; Will L. Owings, Vice- Chairman; Robert M. Rhodes, Rhoda W. Maddox and C. William Orndoff, Jr. Absent - David L. Smith. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by the Reverend James Guthrie of the Burnt Presbyterian Church. ADOPTION OF AGENDA Mr. Stiles asked if there were any amendments to the Agenda. Mr. Riley requested time under "County Officials" for action by the Board on a letter from Judge Woltz to Delegate Alson Smith. Mr. Riley also stated that Mr. David Smith had contacted him and stated that he was out of the area and unable to be present at tonight's meeting. Upon motion made by Will L. Owings, seconded by Rhoda W. Maddox and passed unanimously, the Agenda was adopted as amended. Mr. Stiles stated that Mrs. Lennie Mather had also requested time under "New Business ". ORGANIZATION OF THE BOARD OF SUPERVISORS FOR 1984 Election of Vice - Chairman Upon motion made by Rhoda W. Maddox, seconded by Robert M. Rhodes and passed unanimously, Mr. Will L. Owings was appointed Vice- Chairman of the Board of Supervisors for 1984. Adoption of Rules of Order Upon motion made by Rhoda W. Maddox, seconded by Robert M. Rhodes and passed unanimously, Roberts Rules of Order were adopted as the Rules of Order for the Board of Supervisors for 1984. Appointment of Parliamentarian Upon motion made by Robert M. Rhodes, seconded by Will L. Owings and passed unanimously, John R. Riley, Jr. was appointed as the Parliamentarian for the Board of Supervisors for 1984. Selection of Time and Place of Meeting Upon motion made by Robert M. Rhodes, seconded by Will L. Owings and passed unanimously, 7:15 P.M. on the second and fourth Wednesdays of each 303 month, in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia, was approved as the time and place for Board meetings for 1984. COUNTY OFFICIALS BOARD PETITIONS THE CIRCUIT COURT TO ISSUE A WRIT OF ELECTION TO FILL VACANCY IN STONEWALL DISTRICT Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, that the Board of Supervisors, meeting in Regular Session on January 11, 1984, does hereby request that the Commonwealth's Attorney petition the Circuit Court of Frederick County to issue a Writ of Election to fill the vacancy on the Board of Supervisors from Stonewall District. C. WILLIAM ORNDOFF, JR. NOMINATED AS REPRESENTATIVE FROM STONEWALL DISTRICT TO FILL UNEXPIRED TERM OF KENNETH Y. STILES Upon motion made by Robert M. Rhodes and seconded by Will L. Owings, that C. William Orndoff, Jr. be appointed as the Board representative from Stonewall District to fill the unexpired term of Kenneth Y. Stiles, said term to commence January 11, 1984 and terminate on December 31, 1984. The above was approved by the following recorded vote: Aye - Kenneth Y. Stiles, Will L. Owings, Robert M. Rhodes. Nay - Rhoda W. Maddox. C. WILLIAM ORNDOFF, JR. SWORN IN BY CLERK OF THE CIRCUIT COURT Mr. George B. Whitacre, Clerk of the Circuit Court, came forward at is time, along with Mr. Orndoff, and conducted the swearing in ceremony, s making Mr. Orndoff representative on the Board of Supervisors from tonewall District. At this time, Mr. Orndoff took his place on the podium ith the other Board Members. LAWRENCE R. AMBROGI SELECTED AS COUNTY ATTORNEY - APPROVED Upon motion made by Robert M. Rhodes, seconded by Will L. Owings and ssed unanimously, Lawrence R. Ambrogi was appointed as the County Attorney the Board of Supervisors for 1984. COMMITTEE ASSIGNMENTS Mr. Stiles read the following list designating which Committees each rd Member would serve on: Will L. Owings Chairman of Finance, Personnel, Public Works, itation Authority, School Board, Economic Development Commission. Robert M. Rhodes Chairman of the Code and Ordinance, Finance, Law nforcement and Courts, Joint Judicial Center, Court Services Advisory 3oard, Regional Jail. 304 Rhoda W. Maddox Chairman of Information Services, Law Enforcement and Courts, Social Services, Joint Judicial Center, Stream Standards, Gypsy Moth, Parks and Recreation, Braddock House, Regional Library. David L Smith Chairman of Personnel, Information Services, Airport Commission, Rescue. Animal Care, Industrial Development Authority, Fire and C. William Orndoff, Jr. Chairman of Public Works, Code and Ordinance, Agricultural District Advisory Board, ASC, Extension Advisory Board. Kenneth Y. Stiles Frederick - Winchester Service Authority, Transportation Committee, Planning Commission. Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, the above appointments as made by the Chairman were approved. APPOINTMENT /REAPPOINTMENT OF CITIZENS TO VARIOUS COUNTY COMMITTEES, COMMISSIONS. BOARDS. ETC. Finanra Mrs. Janet Luttrell and Mr. Richard Shickle. Personnel Lt. Col. James L. Longerbeam and Mr. Clarence Hunter. Public Works Lt. Col. W. Wayne Miller and Mr. Calvin Thompson. Code and Ordinance Mr. Robert Prettyman and Mrs. Robin Eddy. Law Enforcement and Courts Mr. Larry Coverstone and Mr. Charles Mcllwee. Information Services: Mr. Stan Kukanich. County Transportation Committee Stonewall District - Mr. Don Taylor Back Creek - Mr. Jacques Billmyer Gainesboro - Mr. Elmer Lauck Opequon - Mr. Fred Gore Animal Care Committee Stonewall District - Esther Boyd Back Creek District - Dr. Max Mandel Gainesboro - Ms. Dorothy Vargo Opequon - Ms. Sandra Brown Stream Standards Committee Back Creek District - Harmon Brumback Gainesboro District - Lee Lizer Opequon District - Douglas Legge Those citizens on the Agricultural District Advisory Committee, as well as those on the Gypsy Moth Committee, will continue to serve for another year 3o Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, the above citizen appointments/ reappointments to various County Committees were approved. DAVID OWINGS, MEMBER OF THE ELECTORAL BOARD, PRESENTED CERTIFICATES OF ELECTION TO BOARD MEMBERS Mr. David Owings appeared before the Board and presented each member, successful in the last Election, with a Certificate of Election. NANCY OMPS REAPPOINTED TO THE CHAPTER 10 BOARD Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, Nancy Omps was reappointed to the Chapter 10 Board, said term to commence on January 11, 1984 and terminate on January 31, 1986. DON WELCH, FROM OPEQUON DISTRICT, REAPPOINTED TO THE PARKS AND RECREATION COMMISSION - APPROVED Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, Don Welch was reappointed to the Parks and Recreation Commission as the representative from Opequon District, said term to commence on January 11, 1984 and terminate on January 11, 1988. TWO APPOINTMENTS ON THE PARKS AND RECREATION COMMISSION TO BE ADVERTISED Mrs. Maddox stated that she had been notified by Mrs. Retha Crosen, from her District, and stated that she was not interested in being re- appointed to the Parks and Recreation Commission for another term. Mr. Cheely stated that Robert Brown, Member at Large, had also expressed to him that he was not interested in being reappointed. It was the consensus of the Board that these two vacancies on the Parks and Recreation Commission would be advertised and voted on at the February 8, 1984 Board Meeting. FOUR MEMBERS REAPPOINTED TO THE FREDERICK COUNTY PLANNING COMMISSION - APPROVED Upon motion made by Rhoda W. Maddox, seconded by Robert M. Rhodes and passed unanimously, Col. A. Lynn Myers was reappointed to the Planning Commission, as the representative from Gainesboro District, said term to commence January 11, 1984 and terminate on January 11, 1988. Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings and passed unanimously, Manuel DeHaven was reappointed to the Planning Commission, as the representative from Stonewall District, said term to commence on January 11, 1984 and terminate on January 11, 1988. 300 Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, George Romine was reappointed to the Planning Commission as a Citizen -at -Large Member, said term to commence on January 11, 1984 and terminate on January 11, 1988. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, Marjorie Copenhaver was reappointed to the Planning Commission as a Citizen -at -Large Member, said term to commence on January 11, 1984 and terminate on January 11, 1988. CHAIRMAN STILES TO CONTINUE SERVING ON PLANNING COMMISSION AND APPOINTED TO THE FREDERICK - WINCHESTER SERVICE AUTHORITY - APPROVED Mr. Owings stated that the work being done on the Planning Commission, along with the Frederick - Winchester Service Authority, was very important and that he felt it would be to the County's advantage to have Mr. Stiles continue to serve on the Planning Commission and that he be appointed to serve on the Frederick - Winchester Service Authority. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, Mr. Stiles will continue to serve on the Planning Commission and was appointed to serve on the Frederick- Winchester Service Authority. RESOLUTION APPOINTING COMMUNITY COLLEGE WEEK - APPROVED Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, the following resolution was approved: WHEREAS, Virginia's Community College System has for years served the educational needs of the citizens of this State; and WHEREAS, the 23 Community Colleges in the system make avail- able a wide range of programs and services to every citizen in Virginia at minimal cost; and WHEREAS, in 1966 the Virginia State Legislature created the department of and State Board for the establishment and maintenance of a State -wide system of comprehensive Community Colleges; and WHEREAS, these institutions have provided hundreds and thousands of Virginians with the skills needed for good jobs, college transfer courses, counseling services, and a variety of cultural services, serving more than 250,000 citizens each year; and WHEREAS, the Community College System is entering into an exciting new era, with a new chancellor, greater challenges, and a new sense of mission; and WHEREAS, it is appropriate that the people of Virginia recognize the contributions of their Community Colleges, support these institutions and promote public awareness of the services available to our citizens; and WHEREAS, Lord Fairfax Community College has served the region since 1969, providing assessible, low cost, postsecondary educational opportunities to citizens of Frederick County, now, therefore, be it RESOLVED by the Frederick County Board of Supervisors, 307 that in order to promote and maintain that ideal first put forth by Mr. Jefferson, who thought to better educate the people and enable them to protect their newly gained rights by creating institutions of higher learning within a day's horseback ride; and, be it RESOLVED FURTHER that the Frederick Board of Supervisors does hereby endorse the fourth week in January, 1984, to be "Community College Week" in the Commonwealth; and, be it RESOLVED FINALLY, that the County Administrator prepare a copy of this resolution for presentation to the President and Board of Lord Fairfax Community College. /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/ David L. Smith David L. Smith /s/ C. William Orndoff, Jr. C. William Orndoff, Jr. BOARD ENDORSES LETTER FROM 26TH JUDICIAL CIRCUIT COURT JUDGE TO THE HONORABLE ALSON SMITH, RE: JOINT ARREST POWERS Upon motion made by Rhoda W. Maddox, seconded by Will L. Owings and passed unanimously, a letter from Judge Woltz, of the 26th Judicial Circuit Court, to the Honorable Alson Smith, stating that Legislation is needed in the matter of joint occupancy by the City and County of the Joint Frederick - Winchester Judicial Center, and further that he suggests amendment of 17 -126.2 of the Code to include the following paragraph was approved: The Circuit and District Courts of Frederick County shall have, concurrently with the Courts of record and Courts not of record, respectively, of the City of Winchester, jurisdiction over criminal offenses committed in or upon the premises, buildings, rooms or offices located in the City of Winchester which are owned or occupied by Frederick County or any Officer, Agency or Department of the County. PLANNING COMMISSION BUSINESS PUBLIC HEARINGS REQUEST FOR APPROVAL TO MIX RESIDENTIAL HOUSING TYPES IN A SUBDIVISION ON RECORD BY GRANVILLE M. AND DIANE KERNS - SHAWNEE MAGISTERIAL DISTRICT - APPROVED Mr. Horne presented this request and stated that the Planning Commission unanimously recommended approval. Mr. and Mrs. Kerns were not present at the meeting and no one appeared in opposition to this request. Upon motion made Rhoda W. Maddox, seconded by Robert M. Rhodes and passed unanimously, a request for approval to mix Residential Housing Types in a Subdivision on Record by Granville M. and Diane Kerns, requesting W approval to build one duplex unit in an existing Single Family Detached Subdivision on Broad Avenue in the Shawnee Magisterial District was approved. This parcel is identified as Parcel (8)A on Tax Map 65B on the Property Identification Maps of Frederick County, Virginia. REZONING PETITION #020 -83 - THOMAS C. GLASS - FOR 15.06 ACRES - SHAWNEE MAGISTERIAL DISTRICT - APPROVED Mr. Horne presented this request and stated that the Planning Commis- sion unanimously recommended approval to rezone 15.06 acres from B -1 (Business- Limited) to RP (Residential Performance), and that the Planning Commission unanimously recommended denial to rezone 2.4 acres from B -1 (Business- Limited) to B -2 (Business - General). Mr. Horne stated that a gentleman had appeared before the Planning Commission and voiced his concern that if this project was approved it would cause further sewage problems in this area. Mr. Horne stated that he had contacted Mr. Jones, of the Sanitation Authority, about this problem and that Mr. Jones informed him that they had been experiencing pump problems, and were waiting for them to be repaired. He stated he felt this would take care of the problem. Mr. Stiles stated that it was his understanding of the Planning Commis- sion that this problem had to be corrected before the Board would approve this request. Mrs. Lennie Mather, resident of Dixie Belle Drive, appeared before the Board in opposition to this request stating that she was opposed to this because of what the County Code says can be built at this location if this zoning request is granted. Mrs. Courtney Bragg, resident of Stafford Drive, appeared before the Board and stated that she was opposed to having this corner upzoned because of what could be built there and what it could to to the neighborhood. Mr. Stiles stated that the Planning Commission had taken two separate votes on this inasmuch as there were two separate parcels included. Mr. Owings asked Mr. Glass what his time frame was for building. Mr. Glass stated that he could not see being able to start before March. Mr. Owings asked Mr. Glass if he would be willing to hold off on start- ing any construction until all the sewer pumps, that were addressed earlier, were repaired and working. 309/1 Mr. Glass replied that he could not really say at this time and that he did not feel he would have more than ten houses built by June. Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, rezoning application #020 -83 of Thomas C. Glass, Route 5, Box 561 -D, Winchester, Virginia, to rezone 15.06 acres from B -1 (Business- Limited) to RP (Residential- Performance) was approved. This property is identified on Tax Map 55 as Parcel Number 194 in the Shawnee Magisterial District. Mr. Ben Crim, Owner of the property in question, appeared before the Board and requested that in the absence of his Board representative, Mr. David Smith, he would like for the Board to consider the Planning staffs recommendation and approve this request on that recommendation. The Board discussed tabling this in absence of the Board representative from Shawnee District. Mr. Owings stated that he did not feel it was fair to hold this request up just because the Board representative was absent. Mr. Owings made a motion to approve the request of Mr. Tom Glass for approval of the rezoning of 2.4 acres from B -1 (Business- Limited) to B -2 (Business - General). This motion died for the lack of a second. Mr. Glass requested at this time that this rezoning request be tabled until the next regularly scheduled Board Meeting. It was the consensus of the Board to table this request until the next Board Meeting. CUP # 012 -83 - JAMES LOFTON - OPEQUON MAGISTERIAL DISTRICT - A DOD nvcn Mr. Horne presented this request and stated that the Planning Commis- sion recommended approval with conditions. Mr. Lofton appeared before the Board on behalf of his request. Mr. Harold Raplzyk, adjacent property Owner, appeared before the Board stating that he was opposed to this request because of the traffic that this business would generate. Mr. Lofton stated that this right -of -way was maintained by his Father- in-Law. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, conditional use permit #012 -83 of James Lofton, Route 1, Box 99C, White Post, Virginia for a Cottage Occupation /C. B. Repair and Installation was approved with conditions as listed. This property is 310 designated as Parcel Number 13B on Tax Map Number 87 in the Opequon Magisterial District. CUP #013 -83 - JAMES L. NORMAN - BACK CREEK MAGISTERIAL DISTRICT - APPROVED Mr. Horne presented this request and stated that the Planning Commis- sion recommended approval with conditions. Mr. Norman appeared before the Board on behalf of his request. The Firing Range was discussed and it was felt this should be left in A the hands of the Sheriffs Department, and that guidelines would also be i sought from the National Rifle Association concerning construction of a Firing Range. Upon motion made by Robert M. Rhodes, seconded by Will L. Owings and passed unanimously, conditional use permit #013 -83 of James L. Norman, Route 4, Box 324 -N, Winchester, Virginia, for a Gun Shop and Accessory Firing Range was approved with conditions, and that the Sheriff's Department and /or the National Rifle Association approve construction of Firing Range. CUP #021 -79 - RALPH W. POE - BACK CREEK MAGISTERIAL DISTRICT - APPROVED Mr. Horne presented this request and stated that the Planning Commis- sion had recommended approval with conditions. Mr. Poe appeared before the Board on behalf of his request. Mr. Cecil Gray appeared before the Board in opposition to this request stating that he felt that Ward Avenue did not need anymore traffic than it currently has. The Board discussed with Mr. Poe the definition of bona -fide campers and that condition number 2 called for a total of six vehicles "FOR SALE" regardless of whether they were new or used, and that no other vehicles were allowed on the site unless they are bona -fide campers, and that this was subject to annual renewal by the Board. Upon motion made by Robert M. Rhodes and seconded by Will L. Owings, that conditional use permit #021 -79 of Ralph W. Poe, Route 4, Box 123, Winchester, Virginia, to allow the Sale of Travel Trailers or Recreational Vehicles at the Candy Hill Campground was approved. Total Trailers and /or Recreational Vehicles for sale on the site would be limited to six (6) at any one time. This property is designatated as Parcel Numbers 86, 82 and 81 on Tax Map Number 53 in the Back Creek Magisterial District. 311 The above resolution was passed by the following recorded vote: Aye - Kenneth Y. Stiles, Will L. Owings, Robert M. Rhodes and C. William Orndoff, Jr. Nay - Rhoda W. Maddox. ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 2 ZONING, TO AMEND ARTICLE 1, SECTION 21 -7 - APPROVED Mr. Horne presented this ordinance amendment and stated that the Plann- ing Commission recommended approval. Upon motion made by Rhoda W. Maddox and seconded by Robert M. Rhodes, the following ordinance amendment was approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, TO AMEND ARTICLE I, SECTION 21 -7 AS FOLLOWS: Any person, firm, or corporation, whether as principal, agent, employee or otherwise, violating, causing or permitting the violation of any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, may be fined up to one thousand dollars. Such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this chapter is committed by such person, firm, or corporation, and shall be punishable as herein provided. The above resolution was passed by the following recorded vote: Aye - Will L. Owings, Robert M. Rhodes and Rhoda W. Maddox. Nay - Kenneth Y. Stiles and C. William Orndoff, Jr. ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21 ZONING, TO AMEND ARTICLE 20, SECTION 21- 161(B) - APPROVED Mr. Horne presented this ordinance amendment and stated that the Plann- ing Commission recommended approval. Upon motion made by Rhoda W. Maddox, 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, TO AMEND ARTICLE 20, SECTION 21- 161(B) AS FOLLOWS: Appeals requiring an advertised public hearing shall be accompanied by a nonrefundable fee of forty -five dollars. SECONDARY ROAD INCLUSION - F MAGISTERIAL DISTRICT - APPRO\� D DRIVE - SHAWNEE Mr. Horne presented this secondary road inclusion request. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the following resolution was approved: WHEREAS, the Virginia Department of Highways and Trans- portation and the Department of Planning and Development have reviewed a request by David Holliday and recommend inclusion of Fairfield Drive from its intersection with Broad Avenue to the cul -de -sac containing approximately .074 miles in Fairview Acres, the Shawnee Magisterial District, into the secondary road system, pursuant to the provisions of the Code of Virginia, 1950, as amended; and, WHEREAS, the Board of Supervisors does guarantee the Commonwealth of Virginia, the Department of Highways and Transportation, an unrestricted right -of -way of 60' with necessary easements for cuts, fill, and drainage 312 recorded in the Deed Book 545, page 806, in the Office of the Clerk of the Circuit Court of Frederick County, Virginia. THEREFORE, BE IT RESOLVED, that the Board of Supervisors does hereby approve the request for inclusion into the secondary system contingent upon the posting of proper and acceptable bond with the Virginia Department of Highways and Transportation. SECONDARY ROAD INCLUSION - RIDGEFIELD AVENUE AND GROVE COURT - OPEQUON MAGISTERIAL DISTRICT - APPROVED Mr. Horne presented this secondary road inclusion request. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the following resolution was approved: WHEREAS, the Virginia Department of Highways and Trans- portation and the Department of Planning and Development have reviewed a request by Ridgefield Subdivision and recommend inclusion of that section of Ridgefield Avenue from the end of State maintenance to its intersection with Overview Court and that section of Grove Court from its intersection with Ridgefield Avenue to the cul -de -sac containing approximately .18 miles and .095 miles respectively in Ridgefield Subdivision, Section 2, in the Opequon Magisterial District, into the secondary road system, pursuant to the provisions of the Code of Virginia, 1950, as amended; and, WHEREAS, the Board of Supervisors does guarantee the Commonwealth of Virginia, the Department of Highways and Transportation, an unrestricted right -of -way of 60' with necessary easements for cuts, fill, and drainage recorded in the Deed Book 530, Page 274, in the Office of the Clerk of the Circuit Court of Frederick County, Virginia. THEREFORE, BE IT RESOLVED, that the Board of Supervisors does hereby approve the request for inclusion into the secondary system contingent upon the posting of proper and acceptable bond with the Virginia Department of Highways and Transportation. REQUEST FOR PROJECT INFORMATION FROM POOL CONSULTANT - APPPnVFn Mr. Cheely appeared before the Board and asked if they had any questions with reference to the memo in the Agenda outlining the services that were being requested from the consulting firm that was contracted to prepare a comparative analysis of the two proposed pool facility sites. The Board discussed the outline with Mr. Cheely and felt that the following services should be requested of the consultant: A . The construction cost for each site based on actual needs of each location. Information that will be evaluated to complete a cost analysis for each location will include: 1. Actual size of pool facility to support the population needs for each location. 2. Cost of site preparation at each location. 3. Cost of bringing the necessary utilities to each location. B . A demographic study based on information supplied by this Department with the assistance of the Planning Department. This information will take into consideration future develop- ment and the influence from surrounding localities. C. Revenue projections for each facility which will be develop- ed by the consultant. 3131 Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, the above recommendation was approved. Mr. Owings abstained from voting on this as there is a family relative employed by the consultant firm involved in this project. REQUEST FROM THE FREDERICK - WINCHESTER SERVICE AUTHORITY FOR ADVANCEMENT OF FUNDS - APPROVED Mr. Riley stated that he was presenting this request on behalf of Mr. Solenberger, Chairman of the Service Authority, inasmuch as he could not be present at this meeting. Mr. Riley stated that the request was for $44,000 and was to be used for design. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the advancement of $44,000 to the Frederick - Winchester Service Authority for design was approved, said advancement to be paid back with interest, and that the interest rate is to be at the same rate that the County is currently receiving for funds on deposit at the Bank. EPA CEILING INCREASE Mr. Riley stated that effective December 28, 1983, EPA had increased the County ceiling from $45,000 to $85,000 for the tire fire at the Paul Rhinehart property and he would like to amend the contract to indicate same. Upon motion made by Robert M. Rhodes, seconded by Rhoda W. Maddox and passed unanimously, the Board amended the EPA Contract to increase the County ceiling from $45,000 to $85,000 for the tire fire. WINCHESTER MEMORIAL HOSPITAL SEWER EXTENSION AGREEMENT - A PPP OV Fr) Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the following agreement for sewer extension for the Winchester Memorial Hospital in the amount of $26,500 was approved: 1. The City agrees to extend an 18 sewer line from an existing main in Williamsburg Heights along Abrams Creek to Merrimans Lane, thence North to the Winchester Memorial Hospital property located on the North side of Amherst Street. 2. The 18" portion of the sewer main, between Williamsburg Heights and Merrimans Lane, is sized so as to serve approximately 1,000 acres of County land which naturally drains to sewer main to be constructed, providing said development is based on medium density residential, and flows do not exceed 953,600 gallons per day. 3. The Sanitation Authority will pay to the City the differential cost of the 18"/12" sewer extension versus a 15 sewer extension; said cost to be based on actual quantities at the unit prices obtained from the low bid received on December 21, 1983. In addition, the Sanitation Authority will pay one -half the actual cost of an easement 314 title search and document preparation fee. The City will request payment of funds from the Sanitation Authority as they are incurred by the City. Funds will be advanced to the Sanitation Authority by the County; the method of re- payment to be a matter between the County and Sanitation Authority. For the purpose of budget, it is estimated that the differential construction cost will be approximately $25,250 and easement preparation will be approximately $1,250, a total estimated cost of $26,500. 4. The City agrees that it will enter into a wholesale sewer agreement with the Sanitation Authority. Development in the County, as it applies to this project area, will be served by the Sanitation Authority, provided a minimum number of connections can be shown. It is anticipated that this number would coincide with the number outlined in the wholesale water contract. 5. All availability fees, connection fees and user charges within the County resulting from the above wholesale contract shall be payable to the Sanitation Authority. The City shall only collect a wholesale user fee from the Sanitation Authority. 6. Any capacity used by the Sanitation Authority, as it applies to this project, shall impact the County's capacity in the Opequon Water Reclamation Facility. RECIPROCAL FIRE PROTECTION AGREEMENT BETWEEN THE CITY OF WINCHESTER AND THE COUNTY OF FREDERICK - APPROVED Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, the following Reciprocal Fire Protection Agree- ment between the City of Winchester and the County of Frederick was approved: This AGREEMENT, made and entered into this 11th day of January, 1984, by and between the CITY OF WINCHESTER, VIRGINIA and FREDERICK COUNTY, VIRGINIA. WITNESSETH: WHEREAS, each of the parties hereto maintains equipment and personnel for the suppression of fires within its own jurisdiction and areas, and WHEREAS, the parties hereto desire to augment the fire pro- tection available in their various jurisdictions in the event of large fires, conflagrations, and other emergencies. WHEREAS, it is the policy of the City of Winchester and Frederick County and of their governing bodies to conclude such agreements wherever practicable, and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to this agreement to render assistance to one another in accordance with these terms; THEREFORE BE IT AGREED THAT: 1. Whenever it is deemed advisable by the senior officer of a fire department belonging to a party to this agreement, or by the senior officer of any such fire department actually present at any fire, to request fire fighting assistance under the terms of this agree- ment, he is authorized to do so, and the senior officer on duty of the fire department receiving the request shall forthwith take the following action: 315 a. Immediately determine if apparatus and personnel can be spared in response to the call. b. What apparatus and personnel might most effectively be dispatched. c. The exact mission to be assigned in accordance with the detailed plans and procedures of operation drawn in accordance with this agreement by the technical heads of the fire depart- ments involved. d. Forthwith dispatch such apparatus and personnel as, in the judgement of the senior officer receiving the call, shall be sent, with complete instructions as to the mission, in accordance with the terms of this agreement. 2. The rendering of assistance under the terms of this agreement shall not be mandatory, but the party receiving the request for assist- ance should immediately inform the requesting service if, for any reason, assistance cannot be rendered. 3a. Each party to this agreement waives all claims against the other party or parties for compensation for any loss, damage, personal injury, or death occurring in consequence of the performance of this agreement. 3b. All services performed under this agreement shall be rendered without reimbursement of either party or parties. The only exception to this would be in the utilization of specialized equipment, apparatus, and /or suppression chemicals. Examples of this could be but are not limited to foam, hazardous materials response unit, etc. Normal equipment and functions would be as previously stated. 4. The technical head of the fire department of the requesting service shall assume full charge of the operations, unless he specifically requests a senior officer of a fire department furnishing assist- ance to assume command, he shall not, by relinquishing command, be relieved of his responsibility for the operation; provided that the apparatus, personnel, and equipment of the department rendering assistance shall be under the immediate supervision of and shall be under the immediate supervision of and shall be the immediate responsibility of the senior officer of the fire department render- ing assistance. 5. The chief fire officers and personnel of the fire departments of both parties to this agreement are invited and encouraged, on a reciprocal basis, to frequently visit each other's activities for guided familiarization tours and, as feasible, to jointly conduct pre -fire planning inspections and drills. 6. The technical heads of the fire departments of the parties to this agreement are authorized and directed to meet and draft any detailed plans and procedures of operation necessary to effectively implement this agreement. Such plans and procedures of operation shall become effective upon ratification by the signatory parties. 7. This agreement shall become effective upon the date hereof and shall remain in full force and effect until cancelled by mutual agreement of the parties hereto or by written notice by one party to the other party, giving ten ( 10) days notice of said cancellation. IN WITNESS agreement at written. WHEREOF, the parties hereto have executed this on the day and year first above /s/ Charles Zuckerman Charles Zuckerman Mayor ATTEST: 316 /s/ Kenneth Y. Stiles Kenneth Y. Stiles Chairman, Frederick County Board of Supervisors ATTEST: /s/ Carol T. Bayliss Carol T. Bayliss Deputy Clerk NEW BUSINESS LENNIE MATHER ADDRESSED BOARD RE: NEED IN COUNTY FOR COMMITTEE TO ADDRESS LOTS THAT ARE OVERGROWN AND NOT MAINTAINED BY PROPERTY OWNERS Mrs. Lennie Mather appeared before the Board and stated that she felt there was a need in the County for a Committee to look into a problem that currently exists with property owners not maintaining their property, especially those landowners that do not reside in the County. Mrs. Maddox stated that this had been addressed at the Law Enforcement and Courts Committee meetings and unless there was a health hazard there was not a lot the County could do. Mr. Stiles stated that he would like to refer this to the Code and Ordinance Committee for further study. The Board concurred. Mrs. Mather inquired as to whether or not it would be possible to have more time from when a matter comes before the Planning Commission and then goes to the Board. The Board directed that this also go to the Code and Ordinance Committee for their consideration. Mr. Stiles requested that all Committees meet as soon as possible, and that the Finance Committee establish what the procedure will be this year as far as the budget is concerned, and further that the County Finance Committee and the School Board Budget Committee have a meeting to determine exactly where both Committees stand on the budget. Mr. Stiles further stated that he would like for all Committee meetings to be open to the press and if a matter is scheduled by the Committee for discussion, that is not open to the press, the meeting will be closed to everyone but the Committee. CODE AND ENGINEERING COMMITTEE REPORT 317 Mr. Owings, Chairman of the Code and Engineering Committee, presented the following report: The Code and Engineering Committee met on January 4, at 10:30 A.M., with all members present except Bob Prettyman. Also present were John Dennison, John Riley and Bob Harriman. The Committee makes the following report and recommendations: A. Two letters from local contractors were presented, requesting charge /credit privileges for permits that do not require a set of plans. The Committee concurred with the requests. It is recommended that these companies be granted this privilege and that further requests be granted by the Committee rather than the Board of Supervisors. Upon motion made by Will L. Owings, seconded by Rhoda W. Maddox and passed unanimously, the above recommendation was approved. B. Mr. Riley presented the attached proposal. Mr. Riley had been approached by the Chamber of Commerce regarding the County's right of first refusal to utilize the Kurtz Building for a County Administration Building. The Committee recommends that the proposal outlined by the Chamber be received as information, but that the County retain the right to exercise its option in the future on the property which encompasses the building and the parking area. The Board concurred with this recommendation and that the Chamber of Commerce be notified of same. C. Discussed the two bids obtained for reworking the bucket arms on the 955. It is anticipated that this work would be done in the Spring. Carter Equipment Company's bid of $12,000 was recommended based on cost and performance. Upon motion made by Will L. Owings, seconded by Rhoda W. Maddox and passed unanimously, the above recommendation was approved. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. ant Chairman, 'BoaO of Supervisors