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July 09, 1980 Regular Meeting17 thoroughly before making a decision. Mr. White stated that he would get this information to the Board members as soon as possible so that it might be further discussed at a future meeting. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. A7 06 - a - rd/of S#ervisotR CIerk, Board of Supervisor A Regular Meeting of the Frederick County Board of Supervisors was held on July 9, 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; William H. Baker; Rhoda W. Maddox and R. Thomas Malcolm. ABSENT: Kenneth Y. Stiles. CALL TO ORDER The Chairman called the meeting to order. ADOPTION OF AGENDA Upon motion made by Will L. Owings, seconded by Rhoda W. Maddox and passed unanimously, the Agenda was adopted with the following additions: 1. Resolution requesting inclusion of streets in Frederick - towne Subdivision into the Secondary Road System. 2. Stream Standards Committee Report. 3. Request for creation of agricultural district. 4. An Additional request for road addition from Lakeview Townhouse Association. ARTERLY REPORT TRI- COUNTY OIC PROGRAM Mr. Clarence L. Hunter, Chairman of OIC, appeared before the Board and introduced Mr. John Poux, Executive Director, who present- ed a quarterly report regarding the development and progress of the Tri- County OIC Program. He described the various work programs they have conducted and the results thereof stating that they have been quite pleased with the number of job placements thus far. A financial report regarding local contributions was presented. The Chairman thanked Mr. Hunter and Mr. Poux for their report and wished them continued success. • APPOINTMENT OF EDGAR B. RUTHS AS STUDENT REPRESEN TO THE PARKS AND RECREATION COMMISSION - 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 appoint Mr. Edgar Bryan Ruths to serve as a student representative on the Frederick County Parks and Recreation Commission for a term of two years, said term to commence May 1, 1980 and terminate on May 1, 1982. 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. APPOINTMENTS TO THE BOARD OF BUILDING APPEALS - TABLED 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 table the two (2) appointments to the Board of Building Appeals until the August 27, 1980 meeting. 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. PROJECT MANAGEMENT ORGANIZATIONAL STRUCTURE - APPROVED AS AMENDE The Board noted the report outlining the proposed Project Management Organizational Structure, prepared by the County Admini- strator, which had been previously forwarded to them for review and consideration, a copy of which is on file in the Administrator's office. The Board discussed at length the proposed Project Management Organizational Structure proposed by the County Administrator. The assignment of project managers to specific projects, the personnel department function and the proposed physical changes within the building were discussed and the Board agreed that the Sanitation Authority should remain in its present location at this point in time until the matter could be discussed with the Authority. The proposed thirty (30) day time period between action on matters by the Planning Commission and the Board of Supervisors was discussed and Mr. Malcolm expressed concern regarding this proposal, stating 19 that he felt it could cause extremely long meetings, but on contro- versial matters the time period, as it is now structured, does not allow sufficient time for processing and further, reduces the quali- ty of input from the community. He further advised that this would prevent matters which were tabled by the Planning Commission from appearing on the Board agenda. 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 hereby approve the Project Management Organizational Structure as proposed by the County Administrator, with two exceptions, i.e., the proposal for a thirty (30) day delay between Planning Commission action and Board of Supervisors action on agenda items in order that all Planning Commission items might be scheduled for only one Board meeting each month, and the reloca- tion of the Sanitation Authority, these matters to be discussed at a later time. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, William H. Baker, Rhoda W. Maddox and R. Thomas Malcolm. Nay - Will L. Owings. PUBLIC HEARINGS CUP #006 -80 - ROGER D. WEAVER - STONEWALL DISTRICT - APPROVED Mr. Riley presented the request for conditional use permit of Roger D. Weaver and read the reviewing agency comments. He stated that the Planning Commission recommended approval of this request with conditions and that the words "by the staff" should be inserted after the word "annually" in Condition #4. The Board concurred. Mr. Weaver appeared before the Board in support of his request and stated that he knew of the conditions and had no objections thereto. There was no opposition. 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 approve Conditional Use Permit No. 006 -80 of Roger D. Weaver, Route 7, Box 277, Winchester, Virginia, 1.25 acres, zoned Agricultural- General (A -2) requesting a conditions 20. use permit for a home occupation- accessory structure for furniture re- pair and general carpentry. This property is designated as Property Identification Number Section 43, Parcel 156 in Stonewall Magisterial District, with the following conditions: 1. If the nature of the business changes, additional improve- ments such as parking, access and hours of operation will be addressed. 2. No employees other than members of the immediate family residing on the premises shall be employed on the premises. 3. 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. 4. This conditional use permit shall be reviewed and renewed annually by the staff, provided all conditions placed on this permit have been met. The above resolution was passed by the following recorded vote: - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. ox and R. Thomas Malcolm. CUP #007 -80 - CHARLES AND JOYCE ADAMS - STONEWALL DISTRICT - TABLED Mr. Riley presented the request for conditional use permit of Charles Adams, et ux and stated that the Planning Commission had tabled this matter. Upon motion made by R. Thomas Malcolm, seconded by William H. Baker and passed unanimously, the Request for Conditional Use Permit #007 -80 of Charles and Joyce Adams was tabled. PROPOSED AMENDMENT TO TAX RELIEF FOR THE ELDERLY ORDINANCE - APPROVED The County Administrator advised that the Commissioner of Reven had requested that his comments be reiterated to the Board regarding the proposed amendment to the Tax Relief for the Elderly Ordinance, i.e., that the Commissioner did not feel the suggested changes would be beneficial at this time and he recognizes the need to amend the ordinance, but feels it should be done carefully in time for implemen- tion next year. Several members of the Board stated that they felt the amendment o this ordinance was long overdue and some action should be taken. The Chairman asked for public comment. There was none. Upon motion made by William H. Baker and seconded by Will L. S, BE IT :RESOLVED, That the Board of Supervisors of the County of rederick, 'Virginia, does herein approve the proposed amendment to 21 the Tax Relief for the Elderly Ordinance, to increase the maximum income limit from $7,500 to $9,000 and to extend the deadline for filing from May 1st to August 15th. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, William H. Baker, Will L. Owings, Rhoda W. Maddox and R. Thomas Malcolm. JOINT PUBLIC HEARING SCHEDULED - PLANNING COMMISSION AND BOARD OF SUPERVISORS - RE: COMPREHENSIVE REZONING Following a brief discussion, Mr. Owings moved to set the dates of September 16, 1980 and September 17, 1980, from 7:00 P.M. to 11:00 P.M. for a Joint Public Hearing with the Planning Commission on the proposed Comprehensive Rezoning for Frederick County. This motion was seconded by R. Thomas Malcolm and passed unanimously. ST FOR INCLUSION OF STREETS IN FREDERICKTOWNE SUBDIVISION ON DISTRICT, INTO SECONDARY ROAD SYSTEM - APPROVED Mr. R. C. King, of the Highway Department, stated that all re- quirements have been met on the streets being requested for inclu- sion into the Secondary Road System, in Fredericktowne Subdivision. Upon motion made by Will L. Owings and seconded by William H. Baker, WHEREAS, The Virginia Department of Highways and Transportation and the Department of Public Works have reviewed the request of Fredericktowne Company and recommend inclusion of that portion of Westmoreland Drive from its intersection with Essex Circle to Fred- ericktowne Drive, a length of .0587 miles, in Fredericktowne, Section III in the Opequon Magisterial District into the secondary roads system, pursuant to the provisions of Section 33.1 -229 of the Code of Virginia, 1950, as amended; and, WHEREAS, This Board does guarantee the Commonwealth of Virginia an unrestricted right -of -way of sixty (60) feet with necessary ease- ments for cuts, fills and drainage as recorded in Deed Book 443, Page 296, dated April 28, 1975; and, BE IT FURTHER RESOLVED, That this Board does approve the reques for inclusion into the secondary road system contingent upon the posting of a proper and acceptable bond with the Virginia Department of Highways and Transportation. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, William H. Baker, Will L. Owings, R. Thomas Malcolm and Rhoda W. Maddox. 22 REQUEST FOR ROAD ADDITIONS - LAKEVIEW TOWNHOUSE ASSOCIATION - OPEQUON DISTRICT - APPROVED Mr. King advised that he had inspected these streets and they meet the requirements for addition into the secondary roads system. Upon motion made by Will L. Owings and seconded by Rhoda W. Maddox, WHEREAS, The Virginia Department of Highways and Transportation and the Department of Public Works have reviewed the request of Lake- view Townhouses, Incorporated and recommend inclusion of that portion of Chinkapin Drive from Route 642 to Hackberry Drive, a length of .1 miles, and that portion of Hackberry Drive from Chinkapin Drive to .013 miles :southeast, Lakeview Townhouses, in the Opequon Magisterial District into the secondary road system, pursuant to the provisions of Section :33.1 -229 of the Code of Virginia, 1950, as amended; and, WHEREAS, This Board does guarantee the Commonwealth of Virginia an unrestricted right -of -way of eighty (80) feet for Chinkapin Drive and sixty (60) feet for Hackberry Drive with necessary easements for cuts, fills and drainage recorded in Deed Book 523, Instrument 1686, dated July 8, 1980; BE IT RESOLVED, That this Board does approve the request for in- clusion of the above described streets into the secondary roads sys- tem contingent upon the posting of a proper and acceptable bond with the Virginia Department of Highways and Transportation. 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 STREAM STANDARDS COMMITTEE Mr. Charles Boyd, Chairman of the Frederick County Stream Stand- ards Committee, appeared before the Board and presented the following report: As per the requst of the Board of Supervisors, to the Stream Standards Committee to investigate the possible environmental affects of the proposed 14 acre rezoning and eventual sand mining operation by Mr. Albert Nicholson on the Gravel Springs Run and surrounding streams, I would now like to update the Board on our actions in this direction and our findings. We realize this particular rezoning has been withdrawn but due to possible other applications and the location of sand in this area, we as a committee still feel we should follow through with a reply to your request. After considerable review and discussion of the rezoning applica- tion at our June monthly meeting, we decided on an in depth field inspection of the site and adjacent streams were in order. This was accomplished on the 12th of June by our committee and the Board Liaison, Mr. Ken Stiles and the Staff Liaison, Stan Pangle, 23 and led by Mr. Albert Nicholson to give us the total picture of the operation. Our committee again met this month to digest and to formulate our findings. Basically, we have concluded that while this particular 14 acres seems to be situated in the most feasible location of the original 188 acres from an engineering point of view, we feel that its development could still have an adverse impact on Gravel Springs Run if proper engineering techniques and recommended conditions are not attached to the site plan and the conditional use permit and just as importantly if they are not strictly enforced The committee also recognizes that if any additional acres were to be mined the environmental impact would be greatly increased and could possible not be controlled. We hope these findings will be of some assistance to you and the Board in your decision making process and we look forward to making other findings available to you in the near future, especially in the area of discharge permit applications and existing stream pollution problems. Thank you, /s/ Charles E. Boyd Chairman Frederick County Stream Standards Committee The Chairman thanked the Committee for their report and Mr. Baker stated that he too would like to thank the Committee, on be- half of his constituents, for their work on this project. REQUEST FOR THE CREATION OF AN AGRICULTURAL DISTRICT REFERRED TO THE AGRICULTURAL ADVI COMMITTEE Mr. Riley stated that his office had received an application to create a 9,400 acre agricultural district and that in order to comply with the Agricultural and Forestal District act of 1977, the Board must authorize the Frederick County Agricultural Advisory Committee to proceed with the review process of this request. Upon motion made by Will L. Owings and seconded by William H. Baker, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein authorize the Frederick County Agricultural Advisory Committee to proceed with the review process, in accordance with the Agricultural and Forestal District Act of 1977, of the application requesting the creation of a 9,400 acre agricultural district in Frederick County. 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 COMMITTEE ON LAW ENFORCEMENT Mrs. Maddox presented the report from the Committee on Law Enforcement and the following action was taken: 24 T FOR STATE POLICE REPRESENTATIVE ON A SAP ADVISORY BOARD - Upon motion made by Rhoda W. Maddox 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 of the ASAP Director to have a representative from the State Police added to the membership of the ASAP Advisory Board in order to improve the level of communication between the State Police and the ASAP Program, said representative to be appointed by the commander of the local State Police Headquarters to represent both the City and the County; and, BE IT FURTHER RESOLVED, That this resolution shall be forwarded to the City for similar action. 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. ASAP GRANTS - RE: OLD DOMINION ASAP PROGRAM AND SELECTIVE EN- FORCEMENT PROGRAM - APPROVED Upon motion made by Rhoda W. Maddox and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the grant application to the Virginia Department of Transportation Safety for the continuation of the Old Dominion ASAP Program, said grant having been approved by the ASAP Advisory Committee and the Winchester and Frederick County Trans- portation Safety Commissions. 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. Upon motion made by Rhoda W. Maddox and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the grant application for the continuation of the Selective Enforcement Program of the ASAP offices which is 100% funded enforcement of the DWI Code during peak hours, noting that the participating agencies have been expanded from 3 to 6 and that the grant has been very actively utilized and is very (successful. 251 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 - KIDS ARE OUR CONCERN PROGRAM Mrs. Maddox reported that the Committee had met with Mr. James Longerbeam to discuss the work of the Kids Are Our Concern Committee Mr. Longerbeam noted that his Committee had perceived the need for implementation of a coordinated drug suppression effort among law enforcement agencies in the area. He urged that support be given to the information of a drug suppression task force, including the implementation of a drug information hotline where concerned people could call about known information regarding drug trafficking. Mr. Longerbeam noted that his committee will be meeting with area law enforcement officers to discuss their concerns. The Committee was impressed with the efforts that have been undertaken by the Kids Are Our Concern Committee and urges the Board's support of the con- cept of improved interjurisdictional drug traffic enforcement. REPORT - EMPLOYMENT OF JAIL PHYSICIAN Mrs. Maddox reported that the Committee had reviewed the re- quest for employment of a jail physician which had been referred to them from a previous Board meeting. The Committee noted that ser- vices of a jail physician are necessary and should be implemented. However, the Committee felt that a contractual agreement should be developed to specifically outline all areas of medical service and backup support that would be provided under a jail physician opera- tion. Representatives of the jail will recontact the Committee when such an agreement has been prepared for review by the Committee. REPORT - CLOTHING ALLOWANCE IN THE SHERIFF'S DEPARTMENT Mrs. Maddox reported that the Committee had reviewed the re- quest for clothing allowances in the Sheriff's Department. The Committee felt the need for additional information and will be meet- ing with the Sheriff to review this request. RESOLUTION TO EXEMPT THE PURCHASE OF JAIL FOOD FROM BIDDING PROCEDURE - APPROVED Upon motion made by Rhoda W. Maddox and seconded by R. Thomas Malcolm, BE IT RESOLVED, By the Frederick County Board of Supervisors that the Chief Correctional Officer of the Frederick - Winchester Jail 26 is hereby :relieved of the requirement to seek competitive bids on food purchased for use at the Jail. Competitive prices shall con- tinue to be obtained on a periodic basis and records shall be main- tained to :indicate the frequency in which competitive prices were sought, prices quoted by suppliers, and reason, in writing, as to choice of supplier. 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. REPOR - LORD FAIRFAX PLANNING DISTRICT COMMISSION UPDATE TO THE DISTRICT'S CRIMINAL JUSTICE PLAN Mrs. Maddox reported that the Committee has also reviewed inf mation from the Lord Fairfax Planning District Commission regarding updates to the District's Criminal Justice Plan. The plan deals witr establishing priorities for projects to be funded under LEAA and in- asmuch as the potential of funding being available from LEAA due to federal budget cutbacks is remote, the Committee took no action on these items and feels none is warranted. The Board concurred. NEW BUSINESS REQUEST FOR USE OF COUNTY FACILITIES FOR CHURCH SERVICES - DENIED The Board discussed a request from the Fellowship Baptist Churcl for temporary use of County facilities for church services. The Board expressed concern regarding insurance coverage and the prece- dent which might be set if this request was approved. 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 deny the request of the Fellowship Baptist Church for temporary use of the County Board Room and the County Courtroom for church services and does direct that a policy be established setting forth permitted uses for County facilities by non - governmental agencies. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker and R. Thoma Malcolm. Nay - Rhoda W. Maddox. 27 STATE GRANT TO HANDLEY LIBRARY - APPROVED Upon motion made by Rhoda W. Maddox and seconded by Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein agree that the amount of $48,400 in state aid may be expended by the Handley Library under the regu- lations of the State Library Board. 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. CANCELLATION OF _S ECOND JULY MEETING AND FIRST AUGUST MEETING - APPROVED 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 cancel the second July meeting and the first August meeting of the Board in order to accomodate vaca- tion schedules, regular meetings of the Board to resume on August 27, 1980. 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 RE: DELINQUENT TAXES Mr. Baker stated that the Treasurer had reported that the col- lection of delinquent taxes was being done by magisterial district and that letters of notification should be going out within a week. The Board recessed for ten minutes. PROJECT MANAGEMENT PLAN - APPROVED Mr. White explained that the purpose of his proposal is to achieve maximum utilization of the staff to insure timely comple- tion of project priorities established by the Board. He added that he felt the proposed plan would provide more complete cost account- ing for each department. He described the utilization of staff in the proposed permit center stating that this would be much more beneficial to the public as well as the staff in that all personnel involved in the permit center would be in one location. Mr. White added that it was not his desire to have the Sanitation Authority relocated, but rather to find adequate quarters for the Finance 28 Department. Mr. James Diehl, Chairman of the Frederick County Sanitation Authority, appeared before the Board and stated that they had not included monies in their budget for the rental of office facilities and that when they set their rates, they take into consideration the rent free facilities they occupy in the County Office Building. He added that should they be required to move they would not be able to use the County's xerox machine, mobile radio system, data processing services, etc. He stated that they wanted to remain in the building in order to maintain close contact with the Board. He suggested that perhaps the Parks and Recreation Department should be relocated. Mrs. Maddox suggested that perhaps the relocation of the Parks and Recreation Department should be considered inasmuch as there should be some County owned buildings available in the near future and Mr. White stated that the Parks and Recreation Department is a County Department and needs to be closely linked to the County office He noted that the Recreation Department is not a fee sustaining de- partment. Mr. White noted that his proposal was intended to minimize any physical changes to the County office Building and that the Finance Department could be accomodated in the Planning Department space with some interior partition changes. He advised that if the Board had no objections to making wall changes, it would be possible to imple- ment the office changes and leave the Sanitation Authority in the building for the time being. The Board concurred that the County staff should investigate the utilization of all County office space and report the findings back to the Board. The Board then discussed the proposed thirty (30) day time lag between action by the Planning Commission and the Board of Supervisor; and limiting Planning Commission agenda items to one meeting a month. Mr. White explained that the proposed thirty (30) day lag between meetings would allow more complete processing of agenda items and would permit: the Board to be better informed of the matters to be considered due to ample time for public input and development by the Planning Commission. He added that this was the more important aspect of the proposal. 29 Mr. Malcolm asked if the Planning Commission was in favor of the 30 day lag proposal and Mr. Riley replied that they were. 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 approve the thirty (30) day time- table for matters acted upon by the Planning Commission and 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. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. C-ha man, oa d of upervis rs erk, Board of Supervisors A Regular Meeting of the Frederick County Board of Supervisors was held on August 27, 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. INVOCATION The invocation was delivered by Reverend Michael Parker of the First Baptist Church. APPROVAL OF MINUTES The following corrections to the minutes were noted: June 10, 1980 - Page 1 - Mr. Stiles should be shown as being present at this meeting. June 11, 1980 - Page 13 - The first line should be corrected to read, "Mr. Stiles advised that the Planning Commission had not heard any opposition from the neighbors ". June 11, 1980 - Page 19 - Mr. Stiles requested that it be noted that a copy of the transfers of unexpended funds for Fiscal Year 1980 for the School Board is on file in the office