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September 12, 1984 Regular MeetingZI 7E A Regular Meeting of the Frederick County Board of Supervisors was held on September 12, 1984, at 7:15 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. David Smith was absent. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by the Reverend William Hough of the Braddock Street United Methodist Church. ADOPTION OF AGENDA Mr. Stiles requested that Tab A of this Agenda be tabled until the next Board Meeting. Mr. Stiles stated that Mr. Marshall Williams had requested to appear before the Board under the "Public Works Committee Report ". Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, the Agenda was adopted as amended. APPOINTMENT TO SHENANDOAH AREA AGENCY ON AGING TABLED UNTIL NEXT BOARD MEETING The appointment to the Shenandoah Area Agency on Aging was tabled until the next Board Meeting. REQUEST FOR USE OF COURTHOUSE AND BOARD ROOM BY DOWNTOWN DEVELOPMENT BOARD - APPROVED Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings and passed unanimously, the request from the Downtown Development Board for use of the Courthouse and Board Room on September 22 for the Second Inter- national Street Festival was approved. RESOLUTION IN HONOR OF NANCY OMPS - APPROVED Upon motion made by Rhoda W. Maddox, seconded by C. William Orndoff, Jr. and passed unanimously, the following resolution was approved: WHEREAS, Nancy Omps served as Frederick County's repre- sentative on the Chapter 10 Board from February, 1981 to July, 1984; and, WHEREAS, She devoted many hours of service to this Board and the needs of the citizens of Frederick County; and, WHEREAS, The Board of Supervisors wishes to express its appreciation to Mrs. Omps for her years of conscientious service to Frederick County and the Chapter 10 Board. NOW, THEREFORE BE IT RESOLVED That the Board of Super- visors of Frederick County does hereby express its sincere appreciation to Nancy Omps. BE IT FURTHER RESOLVED That a true copy of this l• resolution be presented to Mrs. Omps. RESOLVED The 12th day of September, 1984. /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., Deputy Clerk /s/ Rhoda W. Maddox Rhoda W. Maddox /s/ David L. Smith David L. Smith /s/ C. William Orndoff, Jr. C. William Orndoff, Jr. Mrs. Omps was unable to be present due to a conflict. PUBLIC HEARING AN ORDINANCE ADOPTING THE RECODIFICATION OF THE ORDINANCES OF THE COUNTY OF FREDERICK, VIRGINIA, ENTITLED "THE CODE OF THE COUNTY OF FREDERICK, VIRGINIA, OF 1976, AS AMENDED Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, the following was approved: An Ordinance adopting the Recodification of the Ordinances of the County of Frederick, Virginia, Entitled "The Code of the County of Frederick, Virginia, of 1976, as amended ". PLANNING COMMISSION BUSINESS PUBLIC HEARING CUP #007 -84 - SHENANDOAH VALLEY OIL COMPANY - GAINESBORO MAGISTERIAL DISTRICT - APPROVED Mr. Horne presented this request stating that the staff and Planning Commission recommended unanimous approval with conditions. Mr. Lamp appeared before the Board on behalf of his request. No one appeared in opposition to this request. Upon motion made by Rhoda W. Maddox, seconded by Robert M. Rhodes an( passed unanimously, conditional use permit #007 -84 of Shenandoah Valley Oil Company, P. 0. Box 257, Middletown, Virginia for a Service Station with Self- Service Gas Pumps to be located 3.7 miles North on Route 522 was approved. This property is identified on Tax Map Number 30 as Parcel Number 171 in the Gainesboro Magisterial District. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, ARTICLE I, IN GENERAL, WITH THE ADDITION OF SECTION 1 -11, EXCEPTIONS TO THE FRONT YARD REGULATIONS - APPROVED Mr. Horne presented the following Ordinance amendment: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, ARTICLE I, IN GENERAL, WITH THE ADDITION OF THE FOLLOWING: Section 1 -11 Exceptions to the Front Yard Regulatio All exceptions to the front yard setback regulations of this ordinance, in any district, shall be approved by the Administrator. In all districts, where the average depth of the existing front yard setbacks for adjacent developed lots is less than the minimum required front yard, the administrator may vary the front yard requirement of the undeveloped lot under consideration for an exception to the front yard regulations. For such lots the minimum front yard setback shall be the average of the existing front yard setbacks on adjacent developed lots within 200' of the undeveloped lot's side property line; and, that are within the same zoning district on the same road or right -of -way. REQUEST FOR INDUSTRIAL ACCESS FUNDS - LENOIR CITY - APPROVED Mr. Horne presented this request for Industrial Access Funds. Mr. Tom Gilpin appeared before the Board on behalf of his request. Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings and passed unanimously, the following resolution was approved: BE IT RESOLVED, That the Virginia Department of Highways and Transportation is hereby requested to construct a roadway to provide access to the site of Poly Processing, Inc., located to the South of Lenoir Drive, in the Stonewall Industrial Park in Frederick County, pursuant to Section 33.1 -221 of the Code of Virginia, 1950, as amended; AND FURTHER BE IT RESOLVED, That this Board does guarantee the Commonwealth of Virginia an unrestricted right -of -way of sixty (60) feet with necessary easements for cuts, fills and drainage; recorded in Deed Book 581, Page 899, 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. IRE AND RESCUE COMMITTEE REPORT Mr. Stiles presented the following report and stated that it was for information only. The Fire and Rescue Committee met on August 27, 1984, at 7:30 P.M., in the Star Tannery Fire Company facility. The following Companies were represented: Greenwood, Gainesboro, Middletown, Stephens City, Star Tannery, Clearbrook, North Mountain, and Reynolds Store. Also present were Robbie Rhodes and Bob Harriman. The following items were discussed: A. The Committee requested that a date be established by the Planning and Development Department for submitting Fire Company comments on each set of site plans. B. It was reported that the perimeter warning tape ordered by the Fire (Companies has arrived and is available at 9 Court Square. C. Frank Weller has obtained a very reasonable list of prices for 50' hose sections ranging in size from 1 1/2" to 3 ". Fire Companies are asked to submit their requirements no later than the morning of August 29th. D. Ty Cather, Assistant Chief of Company 15, asked that the County nvestigate the feasibility of installing an additional fire hydrant in the vicinity of the Hillcrest Manor Nursing Home. The Public Services Director stated that the request would be placed on the Public Works Committee Agenda for the September 5th meeting. E. Due to confusion and misunderstanding, the donor of the smoke alarms mentioned in the July Committee report was incorrectly identified. In order to set the record straight the donor has been properly identified as the Top of Virginia Home Builders Association The Public Services Director apologizes for the error and wishes to express a sincere thank you to the Top of Virginia. F. The next meeting will be held on September 24, 7:30 P.M., at the Greenwood (Co. 18) facility. PUBLIC WORKS COMMITTEE REPORT Mr. Orndoff, Chairman of the Public Works Committee, presented the following report: The Public Works Committee met on September 5, 1984, at 11:30 A.M. The following members were present: Bill Orndoff, Will Owings, Blaine Wilson, and Wayne Miller. John Riley, John Dennison, Steve Diehl and Bob Harriman were also present. The following items were discussed: A. On August 16, the entire Public Works Committee traveled to the Wicomico County Sanitary Landfill located near Salisbury, Maryland. The group arrived at the site at approximately 10:15 A.M. and met with Mr. John Boyd of the Environmental Utilities Corporation. Mr. Boyd introduced us to Mr. Everett S. Baker, Solid Waste Superintendent, and then took us on a tour of what Wicomico County calls "The Plant ". "The Plant" was composed of a single SEERDRUM fed by a rubber tire loader, an area for cardboard reclamation (shredder and bailer), and two other areas fed by the output of the drum to recycle aluminum and steel/ - iron. Although the equipment used in the recycling effort was not installed in an optimum manner, the results were extremely encouraging. After walking through "The Plant ", we met again with Mr. Baker and he fielded questions posed by the Committee. - Plant operational since 1978. - Mr. Baker acknowledged poor installation. - Stated that he was very pleased with the results. Last year recovered $138,000. 483 - Maintenance costs are almost nonexistent. In July 1984 internal screen damaged; repairs cost $8,000- 9,000. - Only 40% of trash going through drum. - Product that has been processed by drum compacts better. - Glass separation done at transfer stations ($1,000 /month). The Committee recommends that the staff enter into preliminary contract negotiations with the Environmental Utilities Corporation immediately. Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings and passed unanimously, the above recommendation was approved and that Clarke County and the City of Winchester be brought into these contract negotiations. B. John Dennison presented the State mandated inspection criteria for verifying the safety of carnival rides. Additionally, forms designed to acquaint the applicant with the necessary requirements for obtaining a building permit were presented. There was no action taken. C. Three bids were examined for the interior painting of the Court (Courtroom, Lobby, Hearing Room and stairwell up to the second floor). The Committee recommends that the low bid of Robinson ($2,100) be accepted. Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings and passed unanimously, the above recommendation was approved. Bids for carpet installation in the Clerk's building were examined. The Committee recommends that the bid of the Floor Shop ($1,925) for installing approximately 169 yards of carpet be accepted. Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings and passed unanimously, the above recommendation was approved. Mr. Stiles stated that he had received a letter from Mr. Marshall Williams and that he was requesting to appear before the Board to discuss the current Landfill rates. Mr. Williams appeared before the Board stating that $8 per ton was the current rate charged commercial haulers and that he in fact should not be charged this rate as only 21% of his business was commercial inasmuch as he was basically a household refuse hauler. He further stated that he was most sed to the repayment of the dumping fee through him for the disposal of usehold trash. 4 8 �', In closing, Mr. Williams stated that his proposal to the County was that since 21% of his business is commercial hauling that he would like to pay the prevailing rate for the 21 %. Mr. Harriman, Public Services Director, addressed the Board and explained how the Landfill operates and that it is funded not only by the County of Frederick, but also by the City of Winchester and Clarke County. Mr. Billy Phillips, resident of Shawnee District, appeared before the Board on behalf of Mr. Williams stating that Mr. Williams had provided him, along with the Winchester Country Club, with trash removal for a number of years and he did not want to lose this service, but if it came to that he would like to request that the County place more dumpsters within Shawnee District. The Board discussed with Mr. Williams the problem in trying to determine exactly how much of the trash he hauls is household trash and how much was not and that it would be almost impossible to determine this percentage. The Board also felt that if this consideration would be afforded Mr. Williams that the same consideration would have to be given to the other commercial haulers doing business at the Landfill. Captain Quanstrom, County resident, appeared before the Board stating that he was new to the County and that Mr. Williams has been collecting his trash and he was not sure what he would do if Mr. Williams was no longer able to do this as he did not own a truck. The Board felt that inasmuch as the City of Winchester and Clarke County are a part of the Landfill operation that their opinion would be needed on this request from Mr. Williams and that this should be referred back to the Public Works Committee for further study before the Board votes on it. PERSONNEL COMMITTEE REPORT Mr. Owings, in the absence of David Smith, presented the following report and stated that it was for information only: The Personnel Committee met on Tuesday, September 3, 1984, with the following members present: Will L. Owings, James L. Longerbeam, John R. Riley and Ann K. Kelican. The Committee discussed the salary information which had been distributed to the employees in the Sheriff's Department. The Committee also discussed suggested proposals to rectify inequities which have become apparent in the range and salary structure of certain individuals within the Sheriff's Department. Inasmuch as there were only two Committee members present, the suggested proposals were forwarded to the Committee on Law Enforcement and Courts, without recommendation, for consideration. LAW ENFORCEMENT AND COURTS COMMITTEE REPO Mr. Rhodes, Chairman of the Law Enforcement and Courts Committee, presented the following report: The Committee on Law Enforcement and Courts met on Thursday, September 6, 1984 with the following members present: Robert M. Rhodes, Larry Coverstone, Charles Mcllwee, John R. Riley and Ann K. Kelican. The Committee reviewed proposals relative to salary structure for personnel in the Sheriffs Department and recommends that the "hazardous duty supplement" be reworded to "County Supplement ", and that this supplement be increased from $600 per year to $900 per year for those 29 law enforcement personnel currently receiving this supplement. The Committee further recommends that the 12 correctional officers and 5 dispatchers be allocated a $300 per year County supplement. The total cost to implement this proposal would be $13,800. Should the Board approve this recommenda- tion, funds in the above amount should be appropriated from Operating Contingencies to the appropriate line item. This was referred to the Finance Committee. The remainder of the proposals as set forth under separate cover were tabled until the next meeting for further consideration by the Committee. FINANCE COMMITTEE REPORT Mr. Owings, Chairman of the Finance Committee, presented the following report: The Finance Committee met on Tuesday, September 4, 1984 with all members present. The following items require Board action: Parks and Recreation Parks and Recreation is requesting release of Gainesboro District impact fees in the amount of $7,987.26. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by C. 'William Orndoff, Jr. I and passed unanimously, the above recommendation was approved. Parks and Recreation Parks and Recreation is requesting authorization to apply for a grant to be funded 100% by the Education Division of the Commission of Game and Inland Fisheries. The Committee recommends approval. The Committee also recommends that a report on the success of this program be submitted at which time it will be determined whether or not to continue the program. Mr. Orndoff asked what would happen if this grant were not renewed next year. Mr. Jim Doran stated that the only cost to the County would be the maintenance of the Van. Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, the above recommendation was approved. Parks and Recreation Parks and Recreation has submitted data showing the estimated cost of the pool project. The Committee recommends that Parks and Recreation formally apply for $500,000 COR grant money to help fund the construction of two pools. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above recommendation was approved. It was noted that all the County is doing at this time is applying for the funds. N. W. Regional Jail Request for funds to be carried forward FY 83 -84 from N. W. Regional Jail in the amount of $14,775.51. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above recommendation was approved. N. W. Regional Jail Request for budget transfers from N. W. Regional Jail. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above recommendation was approved. Sheriff's Department Request for budget adjustment from the Sheriff's Department in the amount of $390.42. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, the above recommendation was approved. Grant Money - Shenandoah Arts Council Request for budget adjustment for grant money received from the Virginia Commission of the Arts for Shenandoah Arts Council in the amount of $2,000. No local funds required. The Committee recommends approval. 487 Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above recommendation was approved. School Board - Vehicle Information The Committee reviewed the vehicle information from the School Board on their School buses. The Committee recommends approval of funds to purchase a new handicapped bus and the balance of excess funds FY 1983 -84 be returned to the General Fund. Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, the above recommendation was approved. The following items do not require Board action: 1. The policy for carry forward funds was reviewed by the Committee. For FY 1985 -86 Departments were directed by the Committee to request carry forward funds only for capital items. When unexpected expenditures are necessary for operating, the Departments are expected to request budget adjustments and not carry forward funds. 2. A bill from the S.P.C.A. was reviewed. The Committee recommends payment of $1.00 for cats. The Committee also recommends no payment for dogs and to instruct the City not to accept County dogs. The County Administrator will contact the S.P.C.A. and try to resolve the situation. Mr. Riley has a meeting with the S.P.C.A. Officials tomorrow to discuss this. 3. Appropriation transfers can be approved by the County Administrator up to $3,000 per line item in any fiscal year. The Committee discussed reducing this amount to $1,000. At the October Finance Committee meeting the Committee will review the resolution previously approved and make a recommendation to the Board for any changes. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings and passed unanimously, the Board retired into Executive Session in accordance with Virginia Code, 1950, Section 2.1 -344, Subsection A (1) and (6) to discuss personnel and legal matters. BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENED INTO REGULAR SESSION Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings and passed unanimously, the Board reconvened into Regular Session. Mr. Stiles noted that a public hearing had been scheduled for the Board Meeting of September 26, 1984 for the possible sale of the Kernstown School property. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. airman, Boar f upervisors Clr Board o Super isors i L'