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HomeMy WebLinkAboutJune 25, 1980 Regular MeetingI A Regular. Meeting of the Frederick County Board of Supervisors was held on June 25, 1980, at 7:00 P.M. in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT S. Roger Koontz, Chairman; Will L. Owings, Vice - Chairman; Rhoda W. Maddox; William H. Baker; and R. Thomas Malcolm. ABSENT Kenneth Y. Stiles. CALL TO ORDER The Chairman called the meeting to order. ADOPTION OF AGENDA Mr. Malcolm stated that he would like to render an oral report regarding the progress on the review process of the - proposals re- ceived on the joint courts project and would request that this be added to the agenda. Mr. White noted that the Public Hearing on the Secondary Road Improvement Budget for Frederick County which had been duly adver- tised, should be added to the agenda. Mr. Owings stated that he had two areas of concern which he would like to address at the end of the meeting. Upon motion made by Will L. Owings, seconded by William H. Baker and passed unanimously, the Agenda was adopted with the above amendments. LEWIS EWING REAPPOINTED TO EMS COUNCIL Upon motion made by R. Thomas Malcolm and seconded by William H. Baker, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein reappoint Mr. Lewis Ewing to serve as a representative from Frederick County on the Lord Fairfax EMS Council for a term of three (3) years, said term to commence July 1, 1980 and terminate on June 30, 1983. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox and R. Thomas Malcolm. REPORT JOINT COURT FACILITIES COMMITTEE Mr. Malcolm reported that 25 proposals have been received from various firms on the joint courts project and that the Committee has spent several days reviewing and evaluating said proposals. He stated that this number would be reduced and then reviewed in great- er detail so that interviews could then be arranged. He advised k� that the Committee felt they are on schedule and did not anticipate any problem meeting the September 1st deadline. CITIZEN PETITION OF COMPLAINT RE: BEES The Chairman stated that a petition of complaint had been re- ceived regarding bees and requested a spokesman for the group to address the Board regarding this problem. Mr. William L. McDonnell appeared before the Board and stated that the problem the residents are experiencing was caused by bees owned by Clinton L. Ritter and had begun approximately four to five years ago; that it had become increasingly worse causing damage to cars, home siding and laundry. Mr. Baker noted that he had talked with Mr. McDonnell and had inspected the area and that there is indeed a problem. He advised that Mr. Horne had talked with Mrs. Ritter and she stated that they were in the process of disposing of many of the bees. Mr. Horne stated that the Ritters would be allowed to keep the number of hives they had before the ordinance was enacted in 1973 and this appeared to be seven hives. Mr. McDonnell replied that noone in the subdivision could remember bees there before 1973. Mr. Ted Kiracofe appeared and stated that the bees multiply in the Spring and are dangerous to children in the area. He asked if the number would stay at seven hives or would that increase again in the Spring when they multiply. The Chairman requested Mr. Horne to insure that the number of hives was reduced to seven and to follow -up after said reduction to assess any subsequent damage. He added that if the problem con- tinues after the reduction, the residents could then pursue the mat- ter through civil action. ZMAP #002 -80 - ALBERT L. NICHOLSON - BACK CREEK DISTRICT - WITHDRAWN The Chairman announced that the rezoning request of Albert L. Nicholson had been withdrawn. i Mr. Riley then read the following letter of withdrawal: 31 June 23, 1980 Mr. John R. Riley, Director Frederick County Department of Planning & Development P. O. Box 601 9 Court Square Winchester, Virginia 22601 RE: Application of Albert L. Nicholson for rezoning for sand and gravel mininy and processing. Rezone fourteen (1 acres from A -1 (Agricultural - Limited) to M -2 (Industrial - General) Dear Mr. Riley: I hereby give notice that I am withdrawing my application for rezoning and I ask that you notify the Frederick County Board of Supervisors of my decision. Sincerely, /s /Albert L. Nicholson Albert L. Nicholson ALN /pob Mr. Malcolm asked if this was a temporary or permanent with- drawal and Mr. Riley replied that any subsequent applications would have to proceed through channels. Mr. Baker requested that even though the rezoning request had been withdrawn, the report requested from the Stream Standards Com- mittee be presented and made a part of the record. The Board con- curred. Mr. Charles Boyd, Chairman of the Stream Standards Committee stated that the report would be submitted to the Board on July 9th. ZM AP #006 -80 - 84 LUMBER COMPANY - STONEWALL DISTRICT - APPROVED Mr. Riley presented the rezoning request of 84 Lumber Company and read the reviewing agency comments. He advised that the Plan- ning Commission recommended approval of this request. He noted that 84 Lumber Company will purchase the whole tract of land but is requesting rezoning for only 3.5023 acres. Mr. David Darchuck appeared before the Board representing 84 Lumber Company and stated that they were requesting rezoning for only the portion of land necessary for the operation of their bus- iness and the rest would remain B -2. He stated that the concern of the Planning Commission was access to the residual property and this icJ has been addressed. There was discussion regarding the easement leading to this property, which is located in front of McDonalds Restaurant, and Mr. Koontz asked if 84 Lumber Company would be willing to vacate this easement in order to prevent another entrance onto the high- way in this vicinity. Mr Darchuck replied that they would not, but at this point in time they are proposing that should another entrance to the remainder of the property be necessary in the future, it would be located across the 84 Lumber Company parking lot off of Route 839. Mr. Koontz and Ms. Maddox expressed concern regarding the possibility of another entrance through the McDonald Restaurant easement and the increased traffic it would generate in an already dangerous area. Mr. King advised that the Highway Department had looked at this area and did not feel there would be a problem. Mr. Koontz expressed concern regarding the effect this busi- ness might have on residents in the area and Mr. Horne stated that due to the current zoning in the area, he was not sure what could be done to improve this situation. Mr. Koontz asked who would improve the road and Mr. King re- plied that the Highway Department will maintain the road commen- surate with its use, but there are no improvement plans at this time. Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve, on third and final reading, the following rezoning request: ZMAP Petition No. 006 -80 of 84 Lumber Company, P. 0. Box 300, Joppa, Maryland, requesting that 3.5023 acres on Route 839, now zoned Business - General (B -2) be rezoned Industrial- Trans- ition (B -3). This property is designated as Section 43, Parcel 48A in the Stonewall Magisterial District. T�ie above resolution was passed by the following recorded vote: Aye - Will L. Owings, William H. Baker, and R. Thomas Malcolm. Nay - S. Roger Koontz and Rhoda W. Maddox. The desires of the residents in the area along Old Red Bud Road, insofar as their zoning in the proposed comprehensive re- zoning of the County is concerned, was discussed and the Chairman 5 requested Mr. Riley to contact them in order to determine what their feelings are regarding this matter. CUP #002 -80 - ROADWAY EXPRESS, INC. - BACK CREEK DISTRICT - APPROVED Mr. Riley presented the conditional use permit request of Roadway Express, Inc. and read the reviewing agencies evaluations. He advised that the Planning Commission recommended approval with conditions of this request. Mr. Robert Mitchell, Attorney, appeared before the Board re- questing Roadway Express, Inc. and stated that they were willing to accept all the conditions except numbers 5, 6 and 7. He ex- plained the operation of Roadway Express stating that it would be a transfer terminal and not a primary distribution point. He stat that the property is zoned properly for this type of operation and explained briefly how the property had been selected and purchased for this use because of its location and zoning. He added that they have spent a considerable amount of time and expense to devel the site plan in accordance with the ordinance. There followed a lengthy discussion regarding condition num- ber 6 wherein Mr. Mitchell stated that the wording set forth by the Planning Commission was different from that proposed by Attorney David Andre'; that the applicants had no problem with the condition recommended by the Planning Commission but felt the one recommended by Mr. Andre' in effect stated that there could be no ingress or egress to or from this parcel to another public road. Mr. Mitchell stated that they were also concerned about con- dition number 5. He advised that they agreed with the Planning Commission recommendation that the permit would be a five year per- mit which would be reviewed by the staff annually, but did not feel the condition, as proposed by Mr. Andre', that it be a five year permit to be reviewed by the staff and Planning Commission annually for determination of compliance with the conditions and to consider adding or removing conditions was legal or reasonable. Mr. Malcolm asked the Commonwealth Attorney if the Board would have the right to change the conditions on the permit at an annual renewal date and Mr. Ambrogi stated that they could as long as they did not do it arbitrarily. He added that in five years another Board might place conditions on the permit which might be impossible 6 to comply with and therefore Roadway would not be able to operate after having gone to considerable expense. He advised that Roadway already has the use of the property and the Board is merely placing conditions thereon. Mr. Mitchell stated that they felt condition number 7 was the most critical in that the hours of operation set forth by the Plan- ning Commission are not a reasonable condition inasmuch as it renders the permitted use unuseable. He stated that he felt it was arbitrary to set forth that it is permitted in this zoning but cannot be oper- ated as it must. Mr. Ambrogi stated that he felt the Board had the right to place conditions on the hours of operation; that they were considering the health and welfare of the neighbors and he did not feel this would curtail the operation of Roadway. Mr. Mitchell disagreed with Mr. Ambrogi stating that these limitations would make their operation impossible and if they were not able to drive a truck on the premises after 10:00 P.M. it would render the permitted use impossible. Mr. Rodney McCauley, a resident of Shawnee Drive, appeared be- fore the Board in opposition to the conditional use permit stating that the road is not adequate to handle the additional traffic which will be generated by this business, the operation will be noisy and thereby create a nuisance to the neighborhood. He added that the drainage problem in the area will be increased. Ms. Cheryl Willingham, also a resident of Shawnee Drive, appear before the Board in opposition to the conditional use permit stating that she lived right across the road from the property and the resi- dents in this area are victims of poor planning and zoning. She urged the Board to retain the conditions proposed by the Planning Commission even though the residents felt they would be plagued by a lack of privacy, noise, pollution and heavy traffic. She added that the trucking terminal would devalue their homes in which they have invested a considerable amount of money. She stated that she felt the Board should have the right to place additional conditions on the permit at its renewal date in order to offer some protection to the residents. Ms. Willingham stated that she felt the water probelm in the area would be compounded by this operation. She then presented a letter of opposition to the Board from Mr. and Mrs. Asa Smith who N were unable to attend the meeting, a copy of which shall be kept on file in the office of the County Administrator. Ms. Elizabeth Glass, a resident of Shawnee Drive, appeared be- fore the Board and expressed concern regarding the drainage problem in the area stating that she did not feel the existing drainage pipe: were sufficient to handle the amount of water runoff. Mr. Pangle advised that he and the Highway Department represen- tatives had examined the area and felt the retention ponds and pipes would provide sufficient drainage for the area. He further advised that an erosion and sedimentation control bond would be required of Roadway Express, Inc. before construction is commenced. Ms. Glass stated that it would appear to her that an operation like Roadway would be best suited in the industrial park where it could be financed through industrial revenue bonds at a cheaper interest rate, rather than in the proposed location which is a resi- dential area. Ms. Glass asked who would enforce the conditions placed on the conditional use permit and Mr. Koontz replied that the staff would monitor the operation to insure compliance with the conditions. She then asked which office should be contacted should the residents see that a condition has been violated and Mr. Riley replied that his office should be notified and they would respond to any such report. Mr. Roger Hill appeared before the Board and stated that the noise from this operation will only compound the problem they are now experiencing with the Gabler Company in this vicinity, which is especially bad in the summer. He urged the Board to restrict the hours of operation of the business in consideration of the resi- dents in the area. Mr. Bill Prosser appeared before the Board and stated that he is an engineer and was concerned about the water runoff from this site. Mr. Pangle explained the plans to handle the drainage from the prop- erty and the Chairman suggested that Mr. Prosser meet with Mr. Pangl to review said plans more thoroughly should he so desire. Mr. Malcolm requested that the following letter from the Common wealth Attorney be read and made a part of the record. The Board concurred. June 18, 1980 The Frederick County Planning Commission 9 Court Square Winchester, Virginia 22601 Re: Legal Opinion Concerning Request by Roadway Express for a Conditional Use Permit Gentlemen: The issue has been raised by one or more members of the Frederic County Planning Commission whether the Board of Supervisors has the discretion to approve or deny a Conditional Use Permit, and if so, may it exercise such discretion with reference to the above- captioned application. The Code of Virginia, the Code of Frederick County and recent Virginia cases on the issue of whether the Board of Supervisors may exercise discretion in approving or denying a Conditional Use Permit make it clear that the Board does have such dis- cretion since this would be a legislative function of the Board and in such capacity the Board has broad discretion. In the above - captioned matter, however, we are dealing with a different situation. Since Section 21- 127(a) of the Code of Frederick County, pro- vides that a truck terminal is a permitted use in M -2 Zoning, Roadway Express would therefor have the right to use the proper in question for a truck terminal, subject to Section 21 -128 of said Code, which provides that such permitted uses set forth in Section 21 -127 may be subject to a Conditional Use Permit as recommended by the Planning Commission and imposed by the Board of Supervisors. In other words, Roadway Express by virtue of Section 21 -127 has the right to use their M -2 Zoned land for a truck terminal and the Planning Commission has the discretion to recommend and the Board of Supervisors the dis- cretion to impose certain conditions on that use. Denial of a Conditional Use Permit under these circumstances would mean that Roadway Express would be permitted to construct a truck terminal without any conditions attached whatsoever. The aforementioned situation may not have been intended or contemplated by the local governing body when enacting the current zoning ordinance. However, the way said ordinance now stands, a truck terminal is permitted as a matter of right in M -2 Zoning. If it is intended that a truck terminal be permitted only with a Conditional Use Permit, then it could be by recommendation that the Ordinance be properly amended. If you have any questions regarding this matter or wish addi- tional information, please do not hesitate to so advise me. Sincerely yours, /s /Lawrence R. Ambrogi Lawrence R. Ambrogi, Commonwealth Attorney for Frederick County, Va. LRA /acr Mr. Malcolm moved to approve the conditional use permit request with the conditions recommended by the Planning Commission with one exception, i.e. that Condition Number 7 be amended to read "There shall be no truck traffic in or out of the terminal or on terminal property between 10:00 P.M. and 6:00 A.M., Monday through Sunday. J Mr. Owings stated that he was in favor of the Planning Commis- sion recommendations but felt the Board should recognize the rights of the trucking company. He added that he felt it would be unfair of the Board to require them to cease operation between 10:00 P.M. and 6:00 A.M. when they would only be bringing in one or two trucks, dropping them off and picking up an empty truck, but if this was the best the Board could do he would second the motion. Therefore, upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve Conditional Use Permit Application Number 002 -80 of Roadway Express, Inc. to operate a trucking terminal on 3.6 acres located on the south side of Shawnee Drive (Route 652) in Back Creek Magisterial District, with the following conditions: 1. Adequate screening along the front and sides of the property shall be installed and maintained by the occupant. 2. Directional lighting shall be installed in such a manner as to direct light away from all adjacent properties. 3. Storm water runoff shall not exceed pre - development runoff rates. 4. If the use is discontinued, or occupancy of the building changes, this conditional use permit shall expire and a new conditional use permit will be required. 5. This is a five year conditional use permit to be reviewed by the staff and Planning Commission annually. 6. This parcel shall not be used for ingress or egress to any other parcels. 7. There shall be no truck traffic in and out of the terminal or on terminal property between 10:00 P.M. and 6:00 A.M., Monday through Sunday. 8. Expansion is limited to a total building size of 7,133.5 square feet. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox and R. Thomas Malcolm. Mr. Baker stated that he had a great deal of feelings about this matter which he felt the Board and his constituents recognize. He added that he is in a position where he does not have any options to exercise and therefore he very reluctantly voted for approval of the conditional use permit application. EPARTMENT OF HIGHWAYS AND TRANSPORTATION SECONDARY SYSTEM 980 -81 ROAD IMPROVEMENT BUDGET - APPROVED Mr. William Bushman, Resident Engineer, appeared before the Board and stated that the 1980 -81 Budget in the amount of $778,212 had been reduced by $190,837 and this would be met by the transfer of surplus funds from the Route 681 project. There was no public comment. Upon motion made by Will L. Owings and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the Virginia Department of Highways and Transportation Secondary System Road Improvement Budget for 1980 -1981 for Frederick County as submitted, a copy of said bud- get to 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, Will L. Owings, William H. Baker, Rhoda W. Maddox and R. Thomas Malcolm. OUTDO FESTIVAL PERMIT - CHARLES E. HEATH - OPEQUON DISTRICT - RDDVnNTVn Mr. Heath appeared before the Board in support of his request for an outdoor festival permit and stated that the festival would be a family type activity and the funds derived therefrom would be applied toward an arts and crafts center he is constructing on his property. Mr. Owings stated that he had thoroughly investigated this re- quest and felt it would not cause a problem. However, he suggested that the Board approve only the first date at this time with the stipulation that the Sheriff's Department and the Health Department present written reports to the County Administrator immediately fol- lowing the festival to the County Administrator; that if there are no adverse reports, the County Administrator would have the authority to approve the next date. He suggested that the County Administrator approve one date at a time and if there should be adverse effects, he would have the authority to cancel the remaining dates requested. Mr. Heath requested that the dates of the festivals be changed to Sundays rather than Saturdays as set forth on the application and the Board authorized the County Administrator to make said changes. Mr. Mike Collins, a resident from Lakeside Estates, appeared before the Board and stated that he felt this festival application ill should have been publicized inasmuch as the residents in the area were unaware of it until last night. Mr. White advised that advertisement of the application was not necessary inasmuch as it is not a public hearing but a legisla- tive procedure by the Board. Upon motion made by Will L. Owings and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the request for Outdoor Festival Permit of Charles E. Heath to hold concerts on his property located off Route 642 in the Opequon Magisterial District, on the dates of July 27th, August 17th, September 21st and October 19, 1980, with the stipulation that the County Administrator is hereby author- ized to cancel the remaining dates requested following the first concert should there be any adverse effects therefrom. The above resolution was passed by the following recorded vote: Aye - Will L. Owings, William H. Baker, Rhoda W. Maddox and R. Thomas Malcolm. Nay - S. Roger Koontz. The Board recessed for ten minutes. RECOMMENDATION FROM THE HIGHWAY TRANSPORTATION SAFETY COMMISSION RE: REQUEST TO CLOSE CROSS -OVER IN FRONT OF K -MART STORE ON U. S. ROUTE 50 - APPROVED Mr. Riley presented a report from the Highway Transportation Safety Commission which recommended that the Board request the clos- ing of the cross -over in front of the K -Mart Store on Route 50 East inasmuch as the Virginia State Police have been unable to deter il- legal U -turns in this area which creates a severe traffic hazard. There followed a brief discussion as to how this action would affect the proposed shopping mall in the area and Mr. Bushman of the Highway Department, advised that it was his understanding that they do not plan to use this entrance as it is now constructed. Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the recommendation of the Frederick County Transportation Safety Commission to request the Virginia Department of Highways and Transportation to close the crossover in front of the K -Mart Store on U.S. Route 50 inasmuch as the Virginia State Police have advised that enforcement has not 12 been a deterrent to the number of illegal U -turns being made at this location. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox and R. Thomas Malcolm. REPORT - I -66 IMPACT STUDY Mr. R. Edward Duncan, Executive Director of the Lord Fairfax Planning District Commission, appeared before the Board and present- ed a report regarding the I -66 Impact Study as it relates to the various jurisdictions within the Planning District. He advised that the study is divided into two parts, a Summary Document and a Detail Document. He described briefly several impacts which the jurisdictions would experience due to growth caused by the I -66 project. Mr. Duncan urged the Board members to read the study so that they might have a complete understanding of the Impact I -66 might have on their jurisdiction. The Chairman thanked Mr. Duncan for his presentation and the work done to complete the study. FINANCE COMMITTEE RECOMMENDATIONS Mr. Baker presented the Finance Committee recommendations and the following action was taken: PARKS AND RECREATION DEPARTMENT REQUEST FOR TRANSFER OF FUNDS TO PURCHASE TWO UTILITY CARTS AND A VEHICLE - DENIED Upon :motion made by William H. Baker and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein deny the request of the Parks and Recreation Department to transfer funds to purchase two utility carts for use in the parks and a vehicle to replace one of the two oldest cars in the Recreation Department fleet inasmuch as the Board feels that until work is completed on the overall Parks and Recrea- tion Master Plan and Program Evaluation, capital expenditures should be kept to a minimum. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox and R. Thomas Malcolm. PARKS AND RECREATION DEPARTMENT REQUEST FOR USE OF IMPACT FEES FOR BACKSTOPS AT GORE AND STONEWALL SCHOOLS - APPROVED Upon :motion made by William H. Baker and seconded by Will L. Owings, 13 BE IT RESOLVED, By the Frederick County Board of Supervisors that Recreation Impact Fees in the amount of $675.00, Stonewall District, and $337.50, Back Creek District, are hereby appropriated for use in providing backstops at Stonewall and Gore Schools; and, BE IT FURTHER RESOLVED, That it is the understanding of this Board that the abovementioned amounts are to be matched by the Frederick County School Board to provide said facilities. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox and R. Thomas Malcolm. REPORT - TAX RELIEF FOR THE ELDERLY ORDINANCE PROPOSED AMEND- MENTS Mr. Baker reported that the Committee had reviewed the proposed amendments to the Tax Relief for the Elderly Ordinance with Commis- sioner of the Revenue Rudolph. Commissioner Rudolph advised that there could be extensive confusion on the part of the elderly tax- payers as a result of making these temporary changes and the con- fusion may not be worth the benefit to be received. The Committee noted also that the current County ordinance does provide for a seven (7) step scale of exemption. Even though the ordinance amend- ments are being advertised for public hearing, because of the con- fusion factor regarding the elderly taxpayers, the Committee is having second thoughts regarding the advisability of making changes to the ordinance. The Committee believes it may be more appropriate to defer any action on the restructuring of the ordinance until a comprehensive revision to the ordinance can be achieved for imple- mentaion next tax year. WORKMENS COMPENSATION AND PUBLIC OFFICIALS LIABILITY INSURANCE FOR FISCAL YEAR 1980 -1981 - APPROVED Upon motion made by William H. Baker and seconded by Will L. Owings, BE IT RESOLVED, By the Frederick County Board of Supervisors that renewal of workmens compensation insurance coverage with The Maryland Casualty Insurance Company is hereby authorized for the fiscal year 1980 -1981; and, BE IT FURTHER RESOLVED, That the County Administrator is hereby authorized to accept the lowest bid proposed on Public Officials and Employees Liability Insurance, as secured by J. V. Arthur, Inc., for the year 1980 -1981. m The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox and R. Thomas Malcolm. CONFIRMATION OF TELEPHONE POLL RE: PURCHASE OF SHERIFF'S DEPARTMENT VEHICLES - APPROVED Upon motion made by William H. Baker and seconded by Will L. Owings, BE IT RESOLVED, By the Frederick County Board of Supervisors that the poll of Board members taken by the Finance Director regard- ing purchase of automobiles for the Sheriff's Department on June 13, 1980, is hereby acknowledged; and, BE IT FURTHER RESOLVED, That the action of the Finance Director in purchasing said automobiles from Poquoson Motors, Inc., as a re- sult of said poll is hereby approved. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, Rhoda W. Maddox, William H. Baker and R. Thomas Malcolm. AJTHORIZATION FOR COUNTY ADMINISTRATOR TO MAKE YEAR END APPROPRIATION TRANSFERS - APPROVED Upon motion made by William H. Baker and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein authorize the County Administrator to make the necessary transfers to balance account totals within the General Operating Fund, a copy of said transfers to be forwarded to the members of the Board of Supervisors. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox and R. Thomas Malcolm. BLUE CROSS /BLUE SHIELD COVERAGE FOR STEPHENS CITY EMPLOYEES - APPROVED Upon motion made by William H. Baker and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick„ Virginia, does herein approve the proposal from Stephens City to include the Stephens City employees on enrollment for Blue Cross /Blue Shield coverage and that the Stephens City Town Council pay the appropriate costs for the coverage. The above resolution was passed by the following recorded vote: 1.51 Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, and R. Thomas Malcolm. IANDFILL RATE INCREASE FROM $3.85 TO $4.10 - APPROVED Leon motion made by William H. Baker and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the landfill rate of $4.10 per ton to become effective June 26, 1980. The above resolution was passed by the following recorded voter Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox and R. Thomas Malcolm. Mr. Baker advised that the rate of $4.10 was the basis of bud- get calculations for landfill operations and June 26th is the com- mencement of the new fiscal year billing period for the landfill. SALARY FOR BOARD CHAIRMAN SET AT $2,700 ANNUALLY Upon motion made by William H. Baker and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein establish the annual salary for the Board Chairman at $2,700.00 effective, July 1, 1980. The above resolution was passed by the following recorded vote: Aye - Will L. Owings, William H. Baker, Rhoda W. Maddox and R. Thomas Malcolm. Abstaining - S. Roger Koontz. WORK SESSION SCHEDULED FOR JULY 2, 1980 AT 11:30 A.M. The County Administrator requested a work session be scheduled to discuss staff structure and procedural matters and the date of July 2, 1980, at 11:30 A.M. was scheduled for said session. CITIZENS CONCERN Request for Curfew - Mr. Owings reported that he had received several calls from residents in the Stephens City area and The Meadows Subdivision regarding young people out at night tearing up flowers and shrubbery and they have therefore requested that a cur- few be imposed. He requested this matter be referred to the Law Enforcement Committee for study. The Board concurred. Request for Streetlights in Plymn Owens Estates Subdivision Mr. Owings stated that he had received several calls from residents in the Plymn Owens Estates Subdivision regarding vandalism and they 16 have requested streetlights to help alleviate this problem. This request was referred to the Public Works Director for data collection and recommendation. CORRESPONDENCE The Board noted that a copy of the application and certification for payment from the architect covering the period of April 25, 1980 through May 25, 1980 on the Ridge Campus James Wood High School, is available in the County Administrator's Office. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. f d .n, B and of S erviso 1 fZlerk, Board of Supervisors The Frederick County Board of Supervisors held a Work Session on July 2, 1980, in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: S. Roger Koontz, Chairman; Will L. Owings, Vice- Chairman; William H. Baker; Rhoda W. Maddox; R. Thomas Malcolm and Kenneth Y. Stiles. CALL TO ORDER The Chairman called the meeting to order. PRESENTATION OF PROPOSED PROJECT MANAGEMENT PROGRAM Mr. James M. White, County Administrator, presented his proposed restructuring management plan to the Board stating that the plan was intended to better define specific responsibilities and provide better coordination of duties. He added that he further wanted to address the current imbalance in the use of manpower and the lack of proper equipment. Mr. White then reviewed in detail his proposed reorganization plan and stated that he felt this plan would provide more complete utilization of the County staff. The Board requested that the proposal be reduced to writing so that the Board members might have the opportunity to study it more