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March 25, 1981 Regular Meeting231 A Regular Meeting of the Frederick County Board of Super- visors was held on March 25, 1981, at 7:00 P.M., in the Board of Supervisor's 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 the Reverend Ed Harrison of the West- Frederick United Methodist Church. ADOPTION OF AGENDA Mr. White requested that the Board go into Executive Ses- sion under "County Officials" to discuss legal and personnel matters. Mr. Stiles requested that the Executive Session be held at the end of the meeting. 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 stated that in the minutes of February 11, on Page 14, the title should read, "CHARGE OF $75 RECOMMENDED FOR CONDITIONAL USE PERMIT FEE ". Mrs. Maddox stated that on Page 2 the word, "loose" in the fifth paragraph, should be spelled, "lose ". Upon motion made by Kenneth Y. Stiles, seconded by R. Thomas Malcolm and passed unanimously, the minutes of the meet- ing of February 11, 1981, were approved as amended. ALLEGED DUMPING IN STEPHENS CITY AREA - DISCUSSED Mr. White stated that several questions had come to his attention regarding alleged dumping of sludge in the Stephens City area and that this matter had been investigated. Mr. White further stated that he and representatives of the State Water Control Board met with representatives of the M. J. Grove Company in Stephens City and were told that the material in 232 question was ash from the power plant at Georgetown University. The ash is being deposited in an old quarry at the back of the Grove property. The representatives of the State Water Control Board indi- cated that it may not be proper to dispose of ash in an old quarry and that the matter would be turned over to the Bureau of Mines and Land Reclamation for review. Mr. White further stated that as of this date he had not received any additional information from the State officials. Mr. Baker thanked Mr. White for the prompt manner in which he had handled this matter. LINDA A. MARTIN TO SERVE AS AT -LARGE MEMBER ON PARKS AND RECREATION COMMISSION - APPROVED Upon motion made by Kenneth Y. Stiles and seconded by William 11. Baker, BE 'IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein appoint Linda A. Martin to serve on the Parks and Recreation Commission as an at -large mem- ber, said term to commence on January 18, 1981 and terminate on January '18, 1982. 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. SIX YEAR ROAD IMPROVEMENT PLAN - DISCUSSED Mr. William Bushman, resident Engineer from Edinburg, appeared before the Board to review the proposed budget for the coming year and to review priorities established in the six year road improvement plan adopted in 1980. Mr. Bushman stated that the majority of the projects with high priorities were on target and proceeding as outlined in the six year improvement plan. He further stated that allocations provided to localities were de- creasing rapidly. This decrease in allocations would severely restrict the completion of priority items in a timely manner. Approximate funds available for Frederick County in the coming fiscal year 1981 -82 would be $600,000.00. Past funding levels indicate area allocations to be approximately $1,000,000.00. The previous year, allocations was approximately $827,000.00 and 2331 in looking at the overall picture, the County would be operating at a discrepancy of $200,000.00 based on funding from the fiscal 1980 -81 year. Mr. Malcolm inquired as to how much of the project on the road fronting Dowell J. Howard would be completed. Mr. Bushman replied 3 /10ths of a mile. Mr. Malcolm inquired as to why you would go that far and stop. Mr. Bushman stated the main reason for the construction was to correct the bad turns, which had been done. Mr. King stated that due to funding this is as far as the project will go this year. Mr. Baker inquired as to the Highway Department's plans for maintenance on Route 619 and he stated that he would appre- ciate hearing from the Highway Department on this particular matter. Mr. Bushman stated that there were a lot of maintenance problems on this road, especially with the drainage. Mrs. Maddox stated that Leary Educational Foundation, Inc. had been concerned about the condition of Route 694 for some time and because of these conditions the school personnel had difficulty getting to and from the school. Mr. Bushman stated that he had spoken to Mr. Gordanier of Leary School concerning Route 694 and that the Highway Depart- ment tried to be as responsive as they could with the funds they have to operate with. Mr. Gordanier, of Leary Educational Foundation, addressed the Board in support this request. Mr. Malcolm stated that he would like to request that Route 656, from Senseny Road to Route 7, be considered for improve- ments as soon as possible. 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 approve the annual Six Year Road Improvement Plan as submitted. 234 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. 1981 PREALLOCATION HEARING Mr. Riley presented the information pertaining to Virginia Department of Highways and Transportation preallocation hearing slated for April 22, 1981 in Stanton. Mr. Malcolm asked if someone from the County should attend this meeting. Mr. Riley stated that unless the County had some input there would be no need for anyone to attend. Following a brief discussion, it was decided that the County would not send a representative to this meeting. COUNTY'S REQUEST FOR INTERCHANGE ON ROUTE 628 - DENIED Mr. Riley stated that he had received correspondence from Mr. Lockwood, Transportation Planning Engineer of the Department of Highways, stating that after once again reviewing the feas- ibility of providing access ramps to Route 37 from Route 628 (Middle Road), the Department was still of the opinion that this was not warranted. Mr. Baker stated that he would like for Mr. Lockwood to look at Route 622 and Route 621 especially 622 and the condition of the shoulders, said condition caused by the heavy truck traffic. INDUSTRIAL DEVELOPMENT AUTHORITY TO MEET WITH BOARD OF SUPERVISORS Mr. Malcolm stated that he would answer any questions the Board might have concerning information provided them concerning the IDA's approach to economic development strategy and the IDA hoped to meet with the Board in April. LOT LINE ADJUSTMENT - THE PINES SUBDIVISION - APPROVED Mr. Riley presented this request stating that the lot line adjustment request was granted September 26, 1979. At that time the applicant failed to adjust and include common area, thus the purpose for this request. Upon motion made by Will L. Owings and seconded by William H. Baker, 235 BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the request for lot line adjustment in the Pines Subdivision. 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. REPORT ON REDISTRICTING AND REAPPORTIONMENT Mr. William Fraula, Chairman of the Electoral Board, appeared before the Board and presented the proposed changes for the three districts within the County which are affected by the redistricting and reapportionment. The suggested course of action was accomplished by taking from Kernstown precinct (Back Creek) 203 people and Stephens City precinct ( Opequon) 758 people. This amount was transferred to Shawnee District when the first transfer was complete, 132 people were moved from Stephens City precinct ( Opequon) to Kernstown precinct (Back Creek) to bring Back Creek back up to an acceptable range. This course of action made the following changes: Opequon - 8,155 to 7,265; Shawnee - 6,036 to 6,997; Back Creek - 6,731 to 6,660. There is a possibility that a new precinct may be required due to this redistricting and inasmuch as Shawnee Magisterial District only has one precinct known as Carpers Valley, with the polling place being known as Senseny Road School, it is proposed that a knew precinct be created in Shawnee District, known as Shenandoah precinct. The precinct boundary line will be U.S. 50 East. Residents north of Route 50 will vote in Carpers Valley precinct, with the polling place still located at Senseny Road School. The polling place for the Shenandoah precinct will be the Shenandoah Gas Company. Stonebrook is the new polling place for the Kernstown precinct. The preliminary public hearing on the report is slated for April 8. Mr. Baker inquired as to what effect this would have on the voting machines. Mr. Fraula replied none, as the County has twenty -six vot- ing machines. 236 Mr. Malcolm asked if we were in conformance with the time table as it was spelled out on March 16, 1981. Mr. Riley replied we were. ORDINANCE AMENDMENT FOR DISPOSAL OF SLUDGE - DISCUSSED Mr. Riley presented the amendment to the Frederick County Code, Chapter 11, Article IV, Section 11 -27, by the addition of (f) to state: No person, firm, company or corporation shall cause or allow any vehicle containing sludge from any waste water treatment plant or septic tank to be discharged or emptied on any ground or other location in Frederick County without first having obtained the required permits or licenses from the State Water Control Board and Health Department. Requests for permits filed with the aforementioned State Agencies shall be filed simultaneously with the local governing body (Board of Supervisors of Frederick County). Mr. Riley further stated that the ordinance as written does not expressly prohibit the disposal of sludge but it does require the appropriate permit and approval to be obtained before commencing operation. Discussion followed as to whether the ordinance amendment was the answer in handling the disposal of sludge within the County. Mr. Ambrogi stated that he felt the Dillon Rule had to be considered in making a decision on the ordinance amendment. Mr. Stiles stated that the Planning Commission had met on this and that their feelings are that the Board should make a decision on the matter of sludge being dumped in the County. Mr. White questioned if the County legally has the authority to prohibit an activity or control an activity on a technical ground that is something that is controlled at the State level. The Board discussed with Mr. Ambrogi just how much control the County had with regard to the dumping of sludge within the County as far as State agencies are concerned. Upon motion made by Kenneth Y. Stiles, seconded by R. Thomas Malcolm and passed unanimously, the Frederick County Board of Supervisors does herein table any action on an ordi- nance amendment with regard to the dumping of sludge in the 2371 County until such time as a legal opionion can be obtained from the Commonwealth's Attorney and the Attorney General's office. UNDERWOOD SUBDIVISION REQUEST - SHAWNEE MAGISTERIAL DISTRICT - APPROVED Mr. Riley presented this subdivision request and stated all agencies had given approval. 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 subdivision request of A. H. Underwood for 3 lots, zoned R -2 (Residential- Limited), 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, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. FINANCE COMMITTEE REPORT AND RECOMMENDATIONS Mr. Baker, in presenting the report of the Finance Com- mittee, stated that Dr. Wright had called him and requested that item number 1, "School Request - Appropriation of Funds for Reimbursement of Architect ", be withdrawn. Mr. Baker read the following report: The Finance Committee met on March 19, 1981 with all members present. The Committee makes the following report and recommendations: Firemen's Association Request The Committee heard a presentation from representatives of the Frederick County Firemen's Association requesting: (a) That the Board of Supervisors appoint a committee to devise a funding formula for the various fire compan- ies and rescue squads. (b) The County assist the Association with bulk purchas- ing to secure discounts on purchases. (c) The Board examine established priorities for allotted funds and that more emphasis be given to emergency services. (d) That emergency services be given consideration when acting on zoning requests, long range planning, etc. These matters will be given consideration in the budget process. Budget Review 238 The Finance Committee feels the Budget process of the County would be better served if certain departmental budgets were reviewed by the appropriate Committee and has therefore referred the budgets to the appropriate standing Committee for review and recommendation to the Finance Committee. Supplemental Recommendations to the Finance Report Mr. Baker read the following supplementals to the Finance Report: The Finance Committee met on March 20, 1981 and March 24, 1981, as part of its Budget review process. During these meet- ings the Finance Committee reviewed two items that need the attention of the Board of Supervisors. Detox Proposal The Committee reviewed a request from Judge Simpson to transfer control of the operation of the Detoxification Center to the Division of Court Services. Supplemental detailed infor- mation from Chuck Poe, Director of the Division of Court Services, has been presented to the Board. The Finance Committee recommends support of the transfer of the Detoxifi- cation Program to the Division of Court Services and that the appropriation for the balance for FY81 be transferred to the Division of Court Services to support the program. Mr. Poe will be present at the meeting to discuss the Detoxification transfer. Mr. Chuck Poe appeared before the Board and explained how this transfer was to take place and how this would be covered in the present budget which would total $13,757.00 for the hiring of 5 staff members with the remainder coming from fees already on hand in the Court Service's budget. The budget for next year would be $83,407.00 with one -half of this being absorbed by the County. Upon motion made by William H. Baker and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve of the transfer of the Detox Center to the Division of Court Services. 239 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. Accountant Services for Treasurer's Reorganization The Committee received four proposals from accounting or management consulting firms to assist Frederick County in the reorganization of the Treasurer's Office. The Committee re- viewed and discussed the proposals with the Treasurer and the Finance Director. The Committee was most pleased with the quality of all the proposals that were received. The Committee, jointly with the Treasurer, recommend that the proposal sub- mitted by Yount, Hyde and Barbour, P.C. be approved for imple- mentation and that the County Administrator be authorized to execute the proposal on behalf of the County. A copy of the proposal is attached as well as the outline for the proposals that was presented to the various accounting firms by the County. The Committee believes that the proposal of Yount, Hyde and Barbour was most responsive to the requirements of the needs of the Treasurer's Office, and as a local firm, will be able to respond most effectively in implementing the necessary changes in the Office. The Committee recommends that the proposed fee of $24,500.00 be transferred from Operational Transfers for implementing these services. Mr. Bob Barbour and Mr. Al Toxopeus, of Yount, Hyde and Barbour, P. C., appeared before the Board to discuss the plans for the reorganization of the Treasurer's Office. Mr. Barbour stated that there were five main areas that they would be concentrating on during this reorganization and that they would be working very closely with the Treasurer's Office. Upon motion made by William H. Baker, seconded by R. Thomas 240 Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the proposal of Yount, Hyde and Barbour, P.C., in the amount of $24,500.00,to assist in the reorganization of the Treasurer's Office. 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. PUBLIC HEARING SET FOR APRIL 8, 1981 FOR TRANSFER OF CITGO PROPERTY Mr. White stated that the Code states that a public hearing must be held when property is transferred from one jurisdiction to another, thus April 8, 1981 will be the date advertised for the public hearing on the transfer of the Citgo property, from the County of Frederick to the City of Winchester. 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 William H. Baker, seconded by Will L. Owings and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by Will L. Owings, seconded by R. Thomas Malcolm and passed unanimously, the Board reconvened into Regular Session. JOHN MARKER APPOINTED TO AGRICULTURAL DISTRICT ADVISORY BOARD - APPROVED 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 appoint John Marker to serve on the Agricultural District Advisory Board. 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. 241 CONTRACT BETWEEN BFI, THE COUNTY OF FREDERICK AND THE STATE WATER CONTROL BOARD - APPROVED Upon motion made by R. Thomas Malcolm, seconded by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the agreement between BFI, the County of Frederick and the State Water Control Board, dealing with the dumping of sludge at the old Landfill. 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. CONTRACT BETWEEN BFI, THE COUNTY OF FREDERICK AND THE STATE WATER CONTROL BOARD TO BE HANDLED BY THE COUNTY ADMINISTRATOR - APPROVED 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 the handling of the contract between BFI, the County of Frederick and the State Water Control Board, by 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, R. Thomas Malcolm and Kenneth Y. Stiles. STAFF RECOMMENDATIONS WITH REGARD TO ZEIGER SUBDIVISION - APPROVED 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 recommendations of the staff with regard to the Zeiger Subdivision 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. CERTAIN STAFF MEMBERS TO BE COMPENSATED FOR THEIR EFFORTS DURING ABSENCE OF PUBLIC WORKS DIRECTOR - APPROVED Upon motion made by William H. Baker and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the compensation to 242 certain staff members for their efforts during the absence of a Public Works Director. 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. CLERK TYPIST III POSITION IN PLANNING OFFICE UPGRADED TO OFFICE MANAGER - APPROVED 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 of the upgrading of the Clerk Typist III position in the Planning Office to Office Manager. 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. REFUNDS TO BE ISSUED TO ALL LITTLE LEAGUE PARTICIPANTS WATTTT.TO DATn C Mn MUV DADVC AMn DWr DFAMTnN nPDADMMPWTT - 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 approve refunding the $6 fee to all Little League participants, this charge being made by the Parks and Recreation Department. 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. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. Clerk, Board of Supervisors