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March 11, 1981 Regular Meeting2191 A Regular Meeting of the Frederick County Board of Super- visors was held on March 11, 1981, at 7:00 P.M., in the Board ofd 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. Mr. Kenneth Stiles was not present at the beginning of the meeting and therefore is not shown as voting on the first twc agenda items. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by the Reverend Robert Wood- ward of the First Baptist Church. ADOPTION OF THE AGENDA Mrs. Maddox requested that a follow -up on a Committee referral be discussed concerning a problem with the birds. Mr. Owings requested to add an addition under "County Officials ". Mr. Malcolm requested that two items be added under "Coun Officials ", one pertaining to the Industrial Development Author- ity, and the second item being an invitation. Mr. Malcolm also requested that a legal matter be discussed in Executive Session. Mr. Koontz stated that he had requested that Mr. Riley be present at this meeting to bring the Board up -to -date on the County Census. Upon motion made by Will L. Owings, seconded by Rhoda W. t Maddox and passed unanimously, the agenda was adopted with the above amendments. REAPPOINTMENT OF FAITH SMITH FROM OPEQUON DISTRICT TO THE ANIMAL CARE COMMITTEE - APPROVED Upon motion made by Will L. Owings and seconded by William H. Baker, BE IT RESOLVED, That the Board of Supervisors of the Count', of Frederick, Virginia, does herein reappoint Mrs. Faith Smith to serve as the Opequon District representative on the Animal Care Committee, said term to commence January 1, 1981 and termi- nate December 31, 1981. 220 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. APPLICATIONS TO BE RECEIVED FOR SCHOOL BOARD FROM OPEI DISTRICT Mr. Owings stated that Mr. Robert Aylor, III, notified him that he would not consider being reappointed to the School Board for another term once his current term expires on June 30, 1981. Mr. Owings further stated that he would be accepting applications for this forthcoming vacancy on the School Board until April 15, 1981 and that he plans to make known his selection at the first meeting in June with the Board scheduled to vote on this matter June 24, 1981. REAPPOINTMENT OF MILDRED MOSS FROM GAINESBORO DISTRICT TO mrnn ATXTYQnnV 1 nMMTMMV - avvRnwwn Upon motion made by Rhoda W. Maddox and seconded by William H. Baker, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein reappoint Mrs. Mildred Moss to serve as the Gainesboro District representative on the Exten- sion Advisory Committee, said term to commence on January 1, 1981 and terminate on December 31, 1981. 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. REAPPOINTMENT OF ROBERT CATHER FROM GAINESBORO DISTRICT TO THE TRANSPORTATION SAFETY CO MMISSION - APPROVED Upon motion made by Rhoda W. Maddox 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 Cather to serve as the Gainesboro District representative on the Trans- portation Safety Commission, said term to commence on January 1, 1981 and terminate on December 31, 1981. 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. BOARD INVITED TO GREENWOOD FIRE COMPANY BANQUET 221 Mr. Malcolm stated that he had received an invitation, ex- tended to the Board of Supervisors, to the Greenwood Fire Company banquet, to be held on March 21, at 6:00 P.M., at the Fire Hall. JOINT MEETING OF THE BOARD OF SUPERVISORS AND THE INDUSTRIAL DEVELOPMENT AUTHORITY TO BE SCHEDULED IN THE NEAR FUTURE Mr. Malcolm stated that the Board of Supervisors had dis- cussed a number of times meeting jointly with the Industrial Development Authority. He further stated that the IDA is now in the process of preparing a position paper which will indicate to the Board the recommendations and the desires of the Industrial Development Authority and once this draft is completed it will be forwarded to the Board for their consideration and possible action at which time it is the desire of the Industrial Develop- ment Authority that a meeting date be scheduled with the Board of Supervisors. PAINTING PRESENTED TO THE BOARD ON BEHALF OF THE JAMES WOOD ATHLETIC ASSOCIATION Mr. Charles Hott, on behalf of the James Wood Athletic Association, presented to the Board of Supervisors a pictorial history of the County's High School System dating back to 1909. Mr. Koontz thanked Mr. Hott on behalf of the Board for this painting which is to be hung in the Board Meeting Room. APPLICATIONS FOR PARKS AND RECREATION COMMISSION - DISCUSSED Mr. Stiles stated that the Board had received one applica- tion for the Parks and Recreation Commission prior to the dead- line and as far as he was concerned, this applicant should be the one to receive the appointment. Mr. White stated that he was under the impression it was the Board's desire to reopen the applications inasmuch as there was only one applicant. Discussion followed as to when this application was received by the County Administrator's Office. Mr. Koontz stated that the Board of Supervisors would not act on this application and that both the applications would be sent to the Parks and Recreation Commission for their recommenda- tion. 222 ZMAP #001 -81 - RSH PROPERTIES, INC. - SHAWNEE MAGISTERIAL DISTRICT - APPROVED Mr. Riley presented this zoning map amendment request and read the reviewing agencies comments. He noted that the Planning Commission recommended approval. Mr. Michael Bryant appeared before the Board representing RSH Properties, Inc. in support of this request. Mr. Sam Lehman appeared before the Board and spoke in oppo- sition to this request. Upon motion made by R. Thomas Malcolm and seconded by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve ZMAP #001 -81 of RSH Properties, Inc., requesting that 71.024 acres now zoned A -2 (Agricultural- General) be rezoned R -3 (Residential- General). This property is designated as Parcel 49 on Tax Map 65 in the Shawnee Magisterial District. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, f Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. ZMAP #019 -80 - WILLIAM ENDERS AND LARRY COOK - STAR TANNERY SAND AND GRAVEL COMPANY - BACK CREEK MAGISTERIAL DISTRICT - DENIED Mr. Riley presented the William Enders and Larry Cook, Star Tannery Sand and Gravel Company request and read the reviewing agencies comments. He noted that the Planning Commission recom- mended denial. Mr. Larry Cook appeared before the Board in support of his request and stated that he felt there was a great need in this area for sand and that he was in a position to be competitive with his current price of sand. He further stated that he had been placed in a great financial bind due to the closing of his sand operation and that he had been advised by his prior attorney, Mr. Hite, that his operation was legal. He further stated that in July, 1980, he met with Mr. Horne, of the Office of Planning and Development, to ask that his application for rezoning be submitted to the Planning Commission and and at that time Mr. Horne advised him to continue with his operation 1� until the Nicholson rezoning was heard by the Board, but that he should move the culvert from the present location to where he would be crossing the stream. Ms. Deborah Brumback, representing the citizens for action, appeared before the Board in opposition to this rezoning stating that over 40 signatures had been obtained in opposition to this rezoning. She further stated that this proposed rezoning would completely disrupt this area and go against the County's policy on spot zoning. Mrs. Cyreal Wilson appeared before the Board in opposition to this request on behalf of the citizens of Star Tannery and stated that this sand mining operation should not be approved by the Board, that it would be very damaging to the land and streams in this section of the County. Mr. Jim Gulick appeared before the Board in opposition to this rezoning request stating that he was speaking on behalf of the residents who lived across Rt. 55 and up along Rt. 600. He requested that the Board leave this area zoned agricultural. He further stated that he could not see the Board changing this rezoning unless the County as a whole would benefit and this was not the case. Mr. Charlie Boyd appeared before the Board in opposition to this rezoning request stating that he was a member of the Envi- ronmental Council and the Stream Standards Committee and that while serving on the Stream Standards Committee he had on occasion visited the site of this proposed rezoning and he felt the Board should deny this request. Mr. Robert Lanahan, attorney for Mr. Raymond Brill, appeared before the Board stating that his client, Mr. Brill, owner of this property in question, is also opposed to this rezoning. Mr. Chuck Stanton, citizen, appeared before the Board in opposition to this rezoning request and stated that he would like to reinerate his feelings on this matter to the Board as he had in his statement of last summer when this request was before the Board. 2 2 zll Mr. Stiles asked Mr. Cook about 2 sections from the State Mining Manual and what steps he had taken to conform with the reclamation law with regard to the operation which he previously conducted. Mr. Cook stated that he felt he was being unjustly charged with regard to the condition of this site inasmuch as a lot of this had been done prior to him starting his operation. f Discussion followed with regard to the lease between Mr. Brill and Mr. Cook. Mr. Malcolm stated that he would like to address the issue of reclamation and in doing so he felt that from time to time it would be necessary to remove natural resources from its present location and that he feels the big question is, who is to decide what someone does and doesn't do concerning these natural resources. He further stated that he felt the big question with regard to reclamation is that proper regulations be administered where necessary and that steps are taken to make sure these regulations are enforced. Upon motion made by William H. Baker and seconded by Rhoda W. Maddox, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick Virginia, does herein deny ZMAP #019 -80 of William Enders and Larry Cook, Star Tannery Sand and Gravel Company, to rezone 10.1 acres now zoned A -1 (Agricultural- Limited) to EM (Extractive Manufacturing). The above resolution was passed by the following recorded vote: S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. DISPOSAL OF WASTEWATER TREATMENT SLUDGE IN FREDERICK COUNTY DISCUSSED Mr. Riley stated that the Planning Commission did not feel that the door should be completely closed on wastewater treatment sludge being brought into Frederick County, but that it did need to be monitored. He further stated that the County was not equipped at this time to do such monitoring. Mr. White stated that at this time local approval is not needed for disposal of the sludge in order for the state to give 225 its approval, and that this could be amended at an upcoming meeting of the State Water Control Board in March, if so, then the person or persons wanting to dump sludge would have to have County approval before being able to bring sludge into the County. Mr. Stiles stated that he felt those in the know about this matter should be contacted by the Board in order that the Board members might learn more about the disposal and control of sludge on the County level. Mr. Ambrogi stated that before they could enact an emer- gency ordinance they had to be sure that in fact an emergency did exist. After much discussion it was decided that Mr. Ambrogi and the Planning staff would draft an ordinance and present it to the Board in 2 weeks, the March 25th meeting, and that it could be advertised for the first meeting in April if the Board decided this was necessary. LENOIR CITY WATER AND SEWER DISCUSSED Mr. Riley stated that the Planning staff would like to meet with Lenoir City, Inc. officials to discuss the present status of water and sewer in Lenoir City and their future plans for provid- ing this service to the business located there. The Board concurred with .Mr. Riley's plans for this meet- ing with Lenoir City officials for discussion of their current and future plans with regard to water and sewer. REPORT ON STATUS OF COUNTY CENSUS AND REDISTRICTING Mr. Riley presented the report on the recent census figures for Frederick County and how this would effect the redistricting within the County. Mr. Koontz stated that the Electoral Board would work with Mr. Riley on these changes concerning magisterial boundaries and report back to the Board at the March 25th meeting. If the Board concurrs with the report it will then go to the Justice Depart- ment for their review and approval and back to the County for a final public hearing in July. 226 Upon motion made by Kenneth Y. Stiles and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick Virginia, does herein request the Electoral Board and the Office of Planning and Development to work out the necessary changes concerning magisterial boundaries and report back to the Board at the March 25th meeting. 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. PROBLEMS WITH BIRDS IN BETHEL HEIGHTS AREA DISCUSSED Mrs. Maddox stated that the problem of birds in the Bethel Heights area had gotten worse in the last few months, and that it had been reported to the Health Department, but she had not received any reply from them as of this date. Mr. Koontz requested Mr. White to contact the Health Department concerning this matter. LAW ENFORCEMENT AND COURTS COMMITTEE REPORT AND RECOMMENDATIONS Mrs. Maddox presented the following report and recommenda- tions of the Law Enforcement and Courts Committee: The Committee on Law Enforcement and Courts met on 27 February 1981 with all members present. Also present were Chuck Poe of the Division of Court Services, Sheriff Bruce and Common- wealth's Attorney Ambrogi. Proposed Amendments to the Gold and Silver Dealers Ordinance The Committee reviewed correspondence from the Common- wealth's Attorney pertaining to proposed amendments to the Gold and Silver Ordinance. Based on the opinion from the Common- wealth's Attorney the Committee recommends that no further action be taken to amend the ordinance at this time. The Committee noted that no applications have been received since the enactment of the ordinance. Incentive Pay Credits The Committee reviewed applications for incentive pay for three law enforcement officers. Pursuant to the established written policies the Committee approved the incentive pay as 227 requested. The Committee also requested Sheriff Bruce to review the policy as currently written and submit possible revisions to the Committee for review and forwarding to the Personnel Com- mittee. ASAP Grant Application The Committee reviewed a proposed grant application from the ASAP office to conduct an alcohol education seminar. The Committee reviewed the proposed application with Mr. Poe and asked that revisions to the funding structure be prepared and resubmitted to the Committee for further consideration. Staffing Level in the Sheriff's Depart The Committee had a discussion with the Sheriff regarding staffing and salary needs in his office. The Committee voted to recommend that one road deputy position be added for each shift in the Sheriff's Department for consideration by the Finance Com- mittee for inclusion in the FY82 budget. The Chairman thanked Mrs. Maddox for her report from the Committee on Law Enforcement and Courts. FINANCE COMMITTEE REPORT AND RECO MMENDATIONS Mr. Baker presented the following report and recommenda- tions of the Finance Committee: The Finance Committee met on March 2, 1981 with all members present. The Committee makes the following report and recommen- dations: Review of Budget Schedule The Committee reviewed progress made to date on the prepar- ation of the budget and established work session meetings for the remainder of the month to review the budget. Mr. Stiles inquired as to what procedure had been estab- lished for the preparation of this year's budget. He stated that if this year's budget process was going to follow the same pattern as last year's, he did not approve and his feelings were that this was a charade and he would not waste his time coming to the meetings. Mr. Koontz stated that the budget was being prepared by the Finance Committee and it would be presented to the Board for their action. 228 Financial Plans Work Program The Committee reviewed an outline of major financial man- agement work program issues for 1981. The various topics pre- sented in this work program when completed will represent a major improvement to the financial management capabilities for Frederick County. Review of Program for Treasurer's Reorganization The Finance Committee reviewed an outline that has been distributed to accounting and financial consulting firms for the submission of proposals to assist in the reorganization of the Treasurer's Office. It is anticipated that these proposals will be received the week of the Board meeting and a recommendation for services will be presented to the Board at the 25 March meet- ing. Salary Survey The Committee has over the past several months had several conversations regarding the need for upgrading salaries of vari- ous County positions to keep them competitive with the demands of the market place. The Committee reviewed a proposal from Munici- pal Advisors, Inc. for the conduct of a salary survey, to be com- pleted within thirty working days, to establish appropriate pay ranges for County employees under the Personnel Management Plan. The Committee feels that such a salary survey is necessary to adequately establish proper compensation for the full range of County positions. The Committee notes that it is its intention to use the results of the salary survey to recommend adjustments to current salaries and as a basis for establishing compensation in the FY82 budget. The Committee recommends approval of the $3,000.00 fee and authorization to MAI for the conduct of the study. Funds for this purpose may be transferred from opera- tional transfers. Mr. Stiles inquired as to who would be included in this study. Mr. White replied that basically all of the general fund employees would be included, along with the Sanitation Authority. Mr. Stiles stated that he felt all administrative and sup- port personnel of the schools should also be included. 229 Mr. Baker stated that in order to be able to compare with other jurisdictions, it was necessary to have a company such as Municipal Advisors to do the salary study. Upon motion made by William H. Baker and seconded by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the $3,000.00 fee, payable to Municipal Advisors, Inc., for the conduct of a salary survey to be completed within thirty working days to establish appropriate pay ranges for County employees under the Personnel Management Plan. 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 and Kenneth Y. Stiles. OLD BUSINESS Mr. Stiles stated that he would like to know about the re- maining funds in the school budget in the amount of $350,000 that was earmarked in last year's budget as the amount that was necessary for the operation of the new school at the James Wood Campus. A report at the close of the second quarter concerning this was to be received by the Board and he would like to know what the status of this report is at this time. Mr. White stated that he had spoken to Dr. Wright concern- ing this report and Dr. Wright replied that it was forthcoming. BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, the Board retired into Executive Session in accordance with Section 2.1 -344, Subsections (a)(1) and (a)(6), to discuss legal and personnel matters. BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by R. Thomas Malcolm, seconded by William H. Baker and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by R. Thomas Malcolm, seconded by Kenneth Y. Stiles and passed unanimously, the Board reconvened into Regular Session. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. r j / /r Z" C]rrk, Board of Supervisors