HomeMy WebLinkAboutFebruary 25, 1981 Regular Meeting205
A Regular Meeting of the Frederick County Board of Super-
visors was held on February 25, 1981, 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; R. Thomas Malcolm
and Kenneth Y. Stiles.
CALL TO ORDER
The Chairman called the meeting to order.
INVOCATION
The invocation ,was delivered by Reverend James Guthrie of
the Burnt Presbyterian Church.
ADOPTION OF THE AGENDA
The County Administrator advised that the Commonwealth's
Attorney had requested an Executive Session to discuss litiga-
tion.
Mr. Stiles requested that in Executive Session, personnel
matters, legal matters and also appointments be discussed. Mr.
Stiles further noted that the Commonwealth's Attorney is prepare
to give an opinion in response to several issues raised by Board
members at previous meetings.
Mr. Malcolm stated that he would like to present an oral
report regarding the Courts project and would request that the
Planning Director present an update on the sludge situation as i
relates to the old Landfill. He further requested that the
current permit process be discussed.
Upon motion made by William H. Baker, seconded by Kenneth Y
Stiles and passed unanimously, the agenda was adopted as
amended.
APPROVAL OF MINUTES
Mr. Stiles requested that the following corrections to the
minutes be made:
January 14, 1981, Page 8, the word "rationale" is mis-
spelled; Page 17, the word "lots" in the 11th paragraph should
read, "dwelling units ".
January 28, 1981, Page 8, the word "limit" should be added
in item number 2, following the word "dollar ".
KIM
Mrs. Maddox requested that the following corrections be
made:
January 14, 1981, Page S, the word "seconds" should be added
at the end of the first sentence in paragraph 2 under "Highway
Department Re: Discussion Traffic Problem Created By Opening of
Ridge Campus "; Page 8, "Library Board" should be added under
Section C.
Upon motion made by R. Thomas Malcolm, seconded by William
H. Baker and passed unanimously, the minutes of the meetings of
January 14, 1981 and January 28, 1981 were approved as amended.
COUNTY OFFICIALS - TREASURER'S REPORT
Mrs. Dorothy Keckley, Treasurer, appeared before the Board
and presented a brief report regarding the operations in her
office. She advised that she is currently working with the
County Administrator to complete a more efficient system and the
proposed installation of modern automated equipment to assist in
this process.
The Chairman advised that this situation is not unique in
Frederick County but is common throughout the state. He stated
that he had talked with the State Auditors Office and they are
willing to provide assistance to remedy this situation.
Mr. Stiles stated that the Treasurer is working in very
cramped surroundings. He noted that the County Finance Board had
been abolished in 1966 and therefore the responsibilities of that
Board now rests with the Board of Supervisors and therefore the
Board can deal with the problem regarding the investment of
funds. He requested that the Finance Committee work with the
Treasurer, the Finance Director and the County Administrator to
correct the problems as soon as possible.
MR. HAR RINGTON S MITH ADDRESSES BOARD REGARDING OPERATIONS
I
Mr. Harrington Smith appeared before the Board and presented
a report dealing with certain activities, which he alleges are
occuring in the Treasurer's office, regarding the funds received
from tax payments lying idle for several days before being
deposited in the bank. He stated that this practice was costing
the taxpayers of the County a great deal of money in lost
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interest, and he felt very strongly that the Board should correct
the situation as soon as possible.
Mr. Smith then cited several sections of the Code, Section
58 -939 through 58 -950, dealing with the operation of the
Treasurer's office and the responsibility of the Board of
Supervisors should the County not have a Finance Board. He
requested that the Board proceed to have an investigation
conducted to determine the amount of money lost in interest this
year due to tax payments lying idle in the Treasurer's office;
that the Board institute immediate emergency measurers to correct
this situation, inasmuch as the County auto- mobile decals will
go on sale next month and the same situation could occur. He
further requested that if an investigation could not be conducted
locally, the State Auditors Office be requested to conduct said
audit of the Treasurer's Office covering the last ten year
period, and that the Board of Supervisors reestablish the Finance
Board or assume responsibility therefore.
The Board concurred that the Finance Committee would review
Mr. Smith's suggestions and report back to the Board.
COMMITTEE STRUCTURE OF THE BOARD OF SUPERVISORS DISCUSSED
Mr. Stiles requested that the Committees of the Board begin
meeting on a more regular basis in order to keep the Board more
informed of various areas of concern, and to prevent actions
being taken without Board knowledge. He noted that recently the
Personnel Committee had authorized billing the Frederick -
Winchester Service Authority for approximately $2,200.00 for
services. He questioned the authority of the Personnel Committee
to authorize such billing. Mr. Koontz stated that the Personnel
Committee did not bill anyone for any money.
The County Administrator and Mr. Baker, Chairman of the
Personnel Committee, explained that this situation involved a
personnel matter and should be discussed in Executive Session.
Mr. Stiles replied that he resented the fact that when he
was asked what this billing was about, he had to answer that he
did not know.
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The Chairman advised that this matter is now scheduled for
Finance Committee consideration and a recommendation be forth-
coming to the Board.
Mr. Stiles again stated that he felt it should have been
discussed by the entire Board before the billing was authorized.
He then requested that the Law Enforcement and Courts Committee
schedule a meeting for Friday, February 27, if at all possible.
Mrs. Maddox, Chairman of the Law Enforcement Committee, ad-
vised that a meeting would be held in the near future.
REPORT JOINT COURT FACILITIES PROJECT PRESENTED
Mr. Malcolm advised that the work of the Judicial Center
Committee is progressing near schedule and weekly meetings are
being held with the architectural firm to review plans and pro-
posals. He advised that the ASAP operation had been removed from
consideration for inclusion in the building.
Mr. Malcolm noted that the architects are now finalizing
flow plans and when this is complete they will be very close to
the schematic drawings. He added that it appears there will be
no difficulty in maintaining the time schedule, i.e. having the
project ready for bid by September.
Mr. Stiles noted that according to the architectural firms
determination we are still in line cost wise with the original
figures.
BUSINESS OF THE PLANNING COMMISSION
STATUS - _L ARGE LOT SUBDIVISION ORDINANCE AMENDMENT
DISCUSSED
Mr. Riley reported that the Planning Commission at its regu-
larly scheduled meeting of February 18, 1981, had tabled further
action on the Large Lot Subdivision amendment proposal by a unan-
imous vote. He added that the Planning Commission felt that a
proposal would be more timely when a total concept has been pro-
posed in the update of the comprehensive plan.
Mr. Riley advised that a modification of the original pro-
posal has been prepared and is going to be advertised for public
hearing by the Planning Commission. He noted that the modifica-
tion would require that plats have Health Department approval
before they are submitted for approval to the governing body.
J
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i Mr. Riley stated that a recommendation regarding the proposed
i
3 modification would be forthcoming to the Board of Supervisors.
PLAT VACATION - JAMES R. WILKINS - BACK CREEK DISTRICT
APPROVED
Mr. Riley presented the request for plat vacation of a
portion of the Valley Acres Subdivision owned by Mr. James R.
Wilkins. He advised that Mr. Wilkins has encountered septic
approval problems on the requested lots and until water and sewe
is available, has no hopes for development of these lots. He
therefore requested that the lots be vacated but the right -of -wa
on the property be retained. There was no public comment.
Upon motion made by William H. Baker and seconded by Kennet
Y. Stiles,
WHEREAS, Mr. James R. Wilkins, owner and developer of Valle
Acres Subdivision in the Back Creek Magisterial District recorde
in Deed Book 240, Page 521 dated March 30, 1956, is requesting
vacation of a portion of said plat including Lot Numbers 2, 4 6
8, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, 30, 32, 34, 36 pur-
suant to Code Section 15.1 -481 (vacation of plat before sale of
lot therein), and
WHEREAS, Mr. James R. Wilkins, owner and developer of Valle
Acres Subdivision, is requesting the 52.2 foot right -of -way know
as Wilkins Land to remain intact, and
WHEREAS, none of the aforementioned lots have been sold,
THEREFORE BE IT RESOLVED, that the Board of Supervisors of
Frederick County does grant the plat vacation request of Mr.
James R. Wilkins.
The above resolution was passed by the following recorded
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vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker,
Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles.
SLUDGE APPLICATION IN FREDERICK COUNTY DISCUSSED
Mr. Riley reported that he had received tentative informa-
tion that a local firm is planning to apply to the State for a
sludge disposal permit for the application of sludge in Frederic
County. He advised that the staff and the Planning
Commission are currently working with the Commonwealth's Attorne
to determine what regulations our ordinance currently contains
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regarding such an operation and what amendments, if any, should
be considered to better control this type activity. He advised
that the Board would receive a report as soon as a determination
is reached.
Mr. White advised that regarding the sludge which has been
deposited at the old Landfill site, it had been determined that
BFI, a local firm, had been invited by the former public works
director to deposit this sludge at the landfill site. He noted
that this procedure had been detected last fall and a great deal
of time has been spent trying to correct this situation. Mr.
White noted that the State Water Control Board is currently re-
viewing the problem and there will be continuing monitoring for
several months of the ground water in the area.
Mr. Malcolm stated that he felt it was important that the
public be made aware that the governing body and the administra-
tion are cognizant of what is happening and preparations are
being taken to handle the situation.
OMMONWEALTH'S ATTORNEY LEGAL OPINION RE:_ PLANNING
OMMISSION MEMBERSHIP AND TERM OF OFFICE
The following opinion was rendered by the Commonwealth's
Attorney regarding removing elected members of the Board of
Supervisors from the County Planning Commission:
February 23, 1981
James M. White, County Administrator
Frederick County
P. O. Box 601
9 Court Square
Winchester, Virginia 22601
Re: Removing Elected Member of Board of Supervisors from
County Planning Commission
Dear Jim:
In order to render an opinion as to whether the Board of Super-
visors acted within its authority in removing Kenneth Stiles, as
the representative of the Board, from the Planning Commission, I
feel it best to examine various questions which are involved in
interpretting the relevant Section of the Code of Virginia
(15.1 -437) and answer each with reference to said section.
(1) To what term was Mr. Stiles apXtointeg as a,member of
the Planning Commission? Said section provides, in part, that
"(t)he term of each of these members (a member of the Board of
Supervisors or administrative branch appointed to the Planning
Commission) shall be coextensive with the terms of office to
which he has been elected or appointed..." Therefore, Mr. Stiles
term as a member of the Planning Commission would not expire
until the expiration of his current term as a member of the Board
of Supervisors, which as I understand, would be December 31,
1981.
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(2) May the governing ody change the term of members of the
Planning Commission? Yes, said Section provides, in part, that
"(t)he local governing bodies may establish different terms of
office for initial and subsequent appointments." It is my
opinion that this section requires that the term of membership be
established before appointment, or after expiration of the
current term and before a subsequent appointment is made, i.e.
once a member has been appointed to a term of office, that term
cannot be changed until its expiration, at which time it may be
so changed. In view of the foregoing I find it unnecessary to
opine as to whether the Board may change the term for members of
the Planning Commission who are also members of the Board.
However, it is my opinion that the Board was without authority to
change any unexpired terms on the Planning Commission to one (1)
year terms as was purported in its January, 1980 organizational
meeting, which, as I understand would include Mr. Stiles'
term.
(3) May a member,of the Planning Commission be removed from
same during his term? Said section provides, in part, that such
members may be removed for malfeasance in office. Since your
request for my opinion contained no allegations of malfeasance by
Mr. Stiles, I assume none exists, and it is my opinion that he
cannot be removed.
(4) May the Board of Superv replace its representative
on the Planning Commission? Yes,, said Section provides, in part,
that the terms on the Planning Commission of a member who is also
a member of the Board shall be coextensive with his term on the
Board, "unless the governing body, at the first regular meeting
each year, appoints others to serve as their representatives."
In my opinion, this portion of said Section provides that the
Board may replace the member of the Planning Commission, who is
also a member of the Board, before the regular expiration of his
term on the Commission if it is done at the first regular meeting
of the year (January 1 being the beginning of the year for this
purpose) and if that member is replaced on the Commission by
another member of the Board. I do not believe it to be proper to
replace the Board's representative before the regular expiration
of his term on the Commission with an at -large member who is not
also a member of the Board.
To recapitulate, it is my opinion that the Board may have
replaced Mr. Stiles on the Planning Commission at its regular
January meeting provided if, and only if, he had been replaced on
the Commission by another member of the Board of Supervisors.
Since this was not done, according to your letter, it is my
opinion that Mr. Stiles is entitled to remain a member of the
Planning Commission unless removed for malfeasance in office.
Sincerely yours,
/s/ Larry
Lawrence R. Ambrogi,
Commonwealth's Attorney for
Frederick County, Virginia
LRA /acr
The Board discussed at length the contents of the above
letter from the Commonwealth's Attorney and Mr. Malcolm stated
that he felt the matter was important enough to demand that a
written opinion be obtained from the Attorney General's Office
regarding this matter.
Mr. Malcolm stated that he felt the Personnel Committee
should study the opinion rendered by Mr. Ambrogi and also con-
12
sider the appointment of the two at -large members by the Board of
Supervisors to the Planning Commission and report their findings
back to the Board.
Upon motion made by Will L. Owings and seconded by Kenneth
Y. Stiles,
BE IT RESOLVED, That the Board of Supervisors of the County
of Frederick, Virginia, does herein table any action regarding
appointment of the at -large members to the Planning Commission or
the right of Mr. Stiles to vote as a member of the Planning
Commission until such time as a written opinion from the Attorney
General's Office regarding this matter is received.
The above resolution was passed by the following recorded
vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker,
Rhoda W. Maddox and Kenneth Y. Stiles. Nay - R. Thomas Malcolm.
Mr. Stiles suggested that when the Personnel Committee con-
sider this matter, they give serious consideration to placing 2
members from each magisterial district on the Planning Commission
inasmuch as 2 at -large members as previously proposed by the
Board would be very close to that number. The Board concurred
that this should be considered by the Personnel Committee.
BOARD RETIRES INTO EXECUTIVE SESSION
Upon motion made by R. Thomas Malcolm, seconded by Kenneth
Y. Stiles and passed unanimously, the Board withdrew into Execu-
tive Session in accordance with Section 2.1 -344, Subsections (a)
(1), (a)(6), to discuss legal and personnel matters.
BOARD WITHDRAWS FROM EXECUTIVE SESSION
Upon motion made by William H. Baker, seconded by Kenneth Y.
Stiles and passed unanimously, the Board withdrew from Executive
Session.
BOARD RECONVENES INTO REGULAR SESSION
Upon motion made by William H. Baker, seconded by R. Thomas
Malcolm and passed unanimously, the Board reconvened into Regular
Session.
Mrs. Maddox left the meeting at this time and therefore is
not shown voting on the remainder of the agenda items.
MRS. NANCY OMPS APPOINTED TO CHAPTER 10, BOARD
213
Mr. Stiles stated that a nomination had been made on January
14, 1981 to appoint Mrs. Joy Fish to the Chapter 10 Board. He
moved that this nomination be taken from the table and Mrs. Fish
placed in nomination for appointment to the Chapter 10 Board.
This motion was seconded by Mr. Owings and passed unanimously.
Mr. Malcolm then nominated Mrs. Nancy Omps for appointment
to the Chapter 10 Board. This nomination was seconded by William
H. Baker. Mr. Malcolm then moved that nominations be closed and
this motion was seconded by Kenneth Y. Stiles and passed unani-
mously.
Thereupon, Mrs. Nancy Omps was elected for appointment to
the Chapter 10 Board as a representative from Frederick County
for a 4 year term by the following recorded vote: Mrs. Omps -
Aye - Mr. Baker, Mr. Malcolm and Mr. Koontz. Mrs. Fish - Aye -
Mr. Stiles and Mr. Owings.
MR. DAVID OWINGS APPOINTED_ TO LORD FAIRFAX_PLANNING DISTRICT
COMMISSION
Mr. Malcolm nominated Mr. David Owings for appointment to
the Lord Fairfax Planning District Commission and this motion was
seconded by Mr. Stiles. Mr. Baker moved that nominations be
closed. This motion was seconded by Mr. Stiles and passed unani-
mously.
Mr. Baker then moved that the Board cast a unanimous ballot
for the appointment of David Owings to the Lord Fairfax Planning
District Commission as a representative from Frederick County for
a term of 4 years. This motion was seconded by R. Thomas Malcolm
and passed unanimously.
OF JAN LEIGH WINSLOW AND DANIEL A THORN AS
Upon motion made by Kenneth Y. Stiles and seconded by
William H. Baker,
BE IT RESOLVED, That the Board of Supervisors of the County
of Frederick, Virginia, does herein endorse the appointments of
Jan Leigh Winslow and Mr. Daniel A. Thorn as student representa-
tives on the Parks and Recreation Commission. Ms. Winslow's term
will commence on January 1, 1981 and terminate on May 1, 1981.
214
Mr. Thorn's term will commence on January 1, 1981 and terminate
on May 1, 1983.
The above resolution was passed by the following recorded
vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker,
R. Thomas Malcolm and Kenneth Y. Stiles.
APPOINTMENT_ FOR AT -LARGE MEMBERS TO PARK
COMMISSION TABLED FOR READVERTISEMENT
AND RECREATION
The Board reviewed a memorandum from the Parks and Recrea-
tion Commission advising that due to the limited responses re-
ceived, the Commission would request the Board to readvertise the
other member at -large position on the Commission with a time
table that would allow for both the Commission and the Board of
Supervisors action by March 25, 1981. The memorandum noted that
the Commission had reappointed Mr. Robert Brown to serve an
additional term as one of the at -large members on the Commis-
sion.
Mr. White noted that appointment of the at -large members
would be presented to the Board for endorsement upon completion
of action by the Recreation Commission.
Upon motion made by Kenneth Y. Stiles and seconded by
William H. Baker,
BE IT RESOLVED, That the Board of Supervisors of the County
of Frederick, Virginia, does herein table any action regarding
the appointment of the 2 at -large members to the Frederick County
Parks and Recreation Commission and does direct that said posi-
tions be readvertised in an effort to seek additional applicants,
said appointments to be presented to the Board of Supervisors on
March 25, 1981
The above resolution was passed by the following recorded
vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker,
R. Thomas Malcolm and Kenneth Y. Stiles.
COMMITTEE APPOINTMENTS - BACK CREEK DISTRICT - 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 following re-
appointments from the Back Creek Magisterial District:
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Animal Care Committee - Dr. Max Mandel
Transportation Safety Committee - Mr. David Owings
Stream Standards Committee - Mr. Charles R. Boyd
Extension Advisory Committee - Mr. Ike Phillips
The above resolution was passed by the following recorded
vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker,
Rhoda W. Maddox, R. Thomas
Malcolm and
Kenneth
Y. Stiles.
COMMITTEE APPOINTMENTS
- SHAWNEE
DISTRICT
- 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 approve the following com-
mittee appointments from Shawnee Magisterial District:
Animal Care Committee - Mr. Robert Crim
Transportation Safety Commission - Mr. Forest Sirbaugh, Jr.
Stream Standards Committee - Mr. Bart Tizio
Extension Advisory Committee - Mrs. Gwen Lunsford
The above resolution was passed by the following recorded
vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker,
R. Thomas Malcolm and Kenneth Y. Stiles.
REAPPOINTMENT OF MR. ROBERT PRETTYMAN TO COMMITTEE ON
ENGINEERING AND CODE ENFORCEMENT AND MR. COVERSTONE T
COMMITTEE ON LAW ENFORCEMENT AND COURTS - APPROVED
Upon motion made 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. Robert
Prettyman to serve as the citizen member on the Committee on
Engineering and Code Enforcement and Mr. Larry Coverstone to
serve as a citizen member on the Committee on Law Enforcement and
Courts for a term of one year, said term to commence on January
1, 1981 and terminate December 31, 1981.
The above resolution was passed by the following recorded
vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker,
R. Thomas Malcolm and Kenneth Y. Stiles.
COMMITTEE APPOINTMENTS - OPEQUON DISTRICT - APPROVED
Upon motion made by Will L. Owings and seconded by Kenneth
Y. Stiles,
BE IT RESOLVED, That the Board of Supervisors of the County
of Frederick, Virginia, does herein approve the following Com-
mittee appointments from Opequon Magisterial District:
216
Transportation Safety Commission - Mr. Neil Stallings
Stream Standards Committee - Mr. Douglas C. Legge
Extension Advisory Committee - Mr. Harold Nichols
The above resolution was passed by the following recorded
vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker,
R. Thomas Malcolm and Kenneth Y. Stiles.
POSITION OF ALTERNATE ON AGRICULTURAL ADVISORY COMMITTEE
TO BE ADVERTISED
Upon motion made by Kenneth Y. Stiles and seconded by
William H. Baker,
BE IT RESOLVED, That the Board of Supervisors of the County
of Frederick, Virginia,
alternate on the Freder
Committee be advertised
visors on March 25th to
recently been appointed
Commission.
does herein direct that
ick County Agricultural
for presentation to the
replace Colonel A. Lynn
to the Frederick County
the position of
)istrict Advisory
Board of Super -
Myers who has
Planning
The above resolution was passed by the following recorded
vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker,
R. Thomas Malcolm and Kenneth Y. Stiles.
FINANCE COMMITTEE RE
EQ UIPMENT - APPROVED
ON RE: WORD PROCES
Mr. Baker presented the following recommendation from the
Finance Committee:
The Committee presented a recommendation to the Board at the
February 11th meeting recommending the purchase of word process-
ing equipment. A report was also submitted with this recommenda-
tion outlining the study of three systems and setting forth the
criteria used in the selection of the Lanier system.
At the 11 February meeting, the Board passed a resolution of
intent to purchase the Lanier word processing equipment, with
confirming action to be taken at the 25 February meeting. The
Committee therefore recommends approval of the purchase of this
equipment with funding to be provided from a transfer of unspent
reassessment funds.
The Committee would be happy to answer any questions regard-
ing this recommendation and feels the County operations will
benefit greatly by the permanent installation of the equipment.
217
Upon motion made by William H. Baker, seconded by Will L.
Owings and passed unanimously, the above recommendation of the
Finance Committee was approved.
PERSONNEL COMMITTEE REPORT AND RECOMMENDATION
Mr. Baker presented the following recommendation from the
Committee on Personnel:
Creation of New Job Classification The Committee reviewed
alternative approaches to implementing a coordinated personnel
function for the county staff structure. The Committee recom-
mends that in place of the Personnel Director position, the posi-
tion of Administrative Assistant for Personnel and Administrative
Services be created. A copy of the proposed job description is
attached. The Committee recommends the job be classified at a
Range 23 with a starting salary of $16,968. The position is not
a department head position and would therefore be filled by
authority of the County Administrator. If approved by the Board,
the County Administrator has indicated his intent to fill the
position from an internal promotion. The Committee feels this is
a realistic approach for implementing the highest priority duties
associated with the personnel function without causing any
further delays.
Upon motion made by William H. Baker, seconded by R. Thomas
Malcolm and passed unanimously, the above recommendation from the
Committee on Personnel was approved.
LETTERS OF OPPOSITION TO STAFFORD AMENDMENT - APPROVED
Mr. White stated that as has been previously discussed with
the Board, the effects of the Stafford Amendment on waste water
facilities funding from the Federal Government may have a very
serious negative effect on the Regional Waste Water Treatment
Facility. He added that the Frederick - Winchester Service
Authority is therefore urging the support of the member locali-
ties in communicating their opposition to the Stafford Amendment
by urging its repeal. He presented two letters in support of
this concept and advised that similar letters had been approved
and sent by the City of Winchester. He stated that on behalf of
the Service Authority, he would urge that these letters be en-
218
dorsed by the Board for forwarding to the appropriate agencies
and elected representatives.
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 direct that letters of oppo-
sition to the Stafford Amendment, as set forth in the Agenda for
the February 25, 1981 Board of Supervisors Meeting, be forwarded
to Senator Harry F. Byrd, Jr., Senator John W. Warner, Congress-
man J. Kenneth Robinson and Mr. Thomas A. Whalen of the U. S.
Environmental Protection Agency.
The above resolution was passed by the following recorded
vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker
and R. Thomas Malcolm. Mr. Stiles voted nay and requested that
his negative vote be set forth on the letters when they are
mailed.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT
IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN.
U visors Clerk, Board of Supervisors