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September 23, 1981 Regular Meeting413 A Regular Meeting of the Frederick County Board of Supervisors was held on September 23, 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 the Reverend James Messner of the Relief -Hites United Methodist Church. ADOPTION OF AGENDA Mr. Stiles stated that he had an item that he would like to have referred to the Finance Committee. Upon motion made by R. Thomas Malcolm, seconded by Kenneth Y. Stiles and passed unanimously, the agenda was adopted with the above amendment. APPROVAL OF MINUTES Mrs. Maddox requested the following corrections in the minutes of August 26, 1981: Page 5, the vote on the School Board appointment of Lewis Costello is not recorded. Page 7, third paragraph from the bottom, the word "gunshot" should read "gunshop ". Page 15, second line, the word "my" should read "by" Mr. Stiles requested the following changes in the minutes of August 26, 1981: Page 8, the last paragraph, the last name of the Forester for Westvaco is spelled "Vorbaugh ". Page 9, second paragraph, Mr. Kline is spelled "Cline ". Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and passed unanimously, the minutes of August 26, 1981 and September 9, 1981, Regular meetings, were approved as amended. APPOINTMENT OF AT -LARGE MEMBER ON THE PLANNING COMMISSION TABLED Mr. Malcolm stated that he had contacted Mr. Langdon Gordon, whose term expires on the Planning Commission on October 31, 1981, inasmuch as he is from Shawnee District, and that Mr. Gordon had stated that he was not interested in being reappointed to the Planning Commission. Mr. Malcolm 414 further stated that inasmuch as we have received only 1 application for this appointment, that being a Mr. Light, whom he had contacted by phone, but was not present at tonight's meeting, therefore he would like to have this appointment readvertised and tabled until the meeting of October 14, 1981. Upon motion made by R. Thomas Malcolm, seconded by Kenneth Y. Stiles an passed unanimously, the Board of Supervisors of the County of Frederick, Virginia, does herein table any action on the at -large member to the Planning Commission until the October 14, 1981 meeting of this Board. DR. MURIEL BROWN APPOINTED TO THE SHENANDOAH AREA AGENCY ON AGING - APPROVED Mr. Owings stated that Mrs. Shryock from his district was no longer eligible to serve on this Board and that Dr. Muriel Brown of Middletown was willing to serve. Upon motion made by Will L. Owings, seconded by Kenneth Y. Stiles and passed unanimously, the Board of Supervisors of the County of Frederick, Virginia, does herein appoint Dr. Muriel Brown to the Shenandoah Area Agency on Aging, said term to commence on October 1, 1981 and terminate on October 1, 1984. FRENCH KIRK REAPPOINTED TO THE PLANNING COMMISSION FROM SHAWNEE DISTRICT - APPROVED Upon motion made by R. Thomas Malcolm, seconded by Will L. Owings and passed unanimously, the Board of Supervisors of the County of Frederick, Virginia, does herein reappoint Mr. French Kirk to the Planning Commission from Shawnee District for a four year term, said term to commence on October 4, 1981 and terminate on October 4, 1985. REQUEST THAT THE APPLICATION FORMS FOR VARIOUS COUNTY BOARDS AND COMMISSIONS BE CHANGED - APPROVED Mr. Stiles noted that on the applications filled out by County residents for various Boards and Commissions that No. 2 asked the Age, Race and Sex of the applicant, and he did not feel this was proper. Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, the Board of Supervisors of the County of Frederick, Virginia, does herein approve the deleting of the words age, race and sex of the current application forms used in the selection of members on the various County Boards and Commissions. QUESTIONS REFERRED TO THE FINANCE COMMITTEE WITH REFERENCE TO TOTAL COST OF JAMES WOOD RIDGE CAMPUS 415 Mr. Stiles presented the six following questions and requested that they be referred to the Finance Committee and a report made back to the Board at the October 14, 1981 meeting: 1. Money for building and equipment in construction budget. 2. Equipment and books, etc. purchased through regular operating budget, including that reimbursed by state and including money spent from school lunch budget. 3. Other expenses in regular budget, including outside work - Sanitation Authority hook -up fees, etc. 4. Obligations contracted but not paid for or budgeted in '82 year including Sanitation Authority, Architect, etc. 5. Equipment, books, etc. still needed but not yet budgeted - library, athletic, etc. 6. Cost of replacing equipment in other schools for equipment transferred to Ridge Campus and any expenses incurred by agencies of the government other than the School Board, i.e. the Highway Department, Recreation Department, etc. REYNOLDS STORE FIRE COMPANY REQUEST FOR IMPACT FEES APPROVED Upon motion made by Rhoda W. Maddox, seconded by Will L. Owings and passed unanimously, the Board of Supervisors of the County of Frederick, Virginia, does herein approve the unanimous recommendation of the Parks and Recreation Commission that $18,500.00 of the Gainesboro District Impact Funds be released for development of a community park to be located at the Reynolds Store Fire Company as outlined in the following agreement: Cost of Maintaining Reynolds Store Playground All figures are based on the fact that we presently maintain the property at Gainesboro Elementary School during the summer season. Figures are based on a maintenance program which will consist of a visit once every 14 days between March 15 and October 15 of each year. Maintenance during the "off season" will be performed on a as needed basis. Raintenance that will be performed will be mowing and general inspection of the facility and equipment. The equipment needed to perform the maintenance will be one riding mower, one push mower and one trimmer. Below is a complete cost estimate of maintaining the facility at Reynolds Store: Miles traveled March 15 - October 15 320 at .50 per mile $160.00 Annually Man Hours (Two Men) 30 minutes additional road time and one hour to perform maintenance. Cost of man hours $ 11.45 Times per year 16 $183.20 Total 416 Cost of Operating Equipment $ 4.00 per visit 16 Vists per year $ 64.00 Total Total cost of maintenance of facility per year would be $407.20 plus any replacements that may be needed. A G R E E M E N T This Agreement, made and entered into this day of , 1981, by and between Frederick County Board of Supervisors (Frederick County Parks and Recreation Department), party of the first part, hereinafter sometimes referred to as "Department ", and the Reynolds Store Volunteer Fire Company, party of the second part, hereinafter sometimes referred to as "Company ". WHEREAS, the Frederick County Parks and Recreation Department recogniz( the need for the development of a recreational facility in the Northwestern part of Frederick County, Virginia; and WHEREAS, the Reynolds Store Volunteer Fire Company is the owner of certain real estate located in the Northwestern part of Frederick County and is agreeable to have a portion of that real estate used for recreational purposes for the general public. NOW THEREFORE, THIS AGREEMENT, WITNESSETH: That for and in con- sideration of the mutual benefits to be derived and the desire of the parties hereto to meet and fulfill the recreational needs of the general public of Frederick County and further, in consideration of the premises and the mutual covenants and promises contained herein, the parties do hereby agree as follows: 1. Department hereby agrees to develop through the use of impact funds specifically designated for Gainesboro District, a community park located at Reynolds Store Fire Hall to include a tot lot and a playground area for older children which will include equipment mutually agreed upon by the Frederick County Recreation Department and Gainesboro District Board Member appointed committee. 2. Frederick County Parks and Recreation Department hereby agrees to maintain the said tot lot and playground for older children on a year round basis. 3. It is agreed that the tot lot and the older children's playground will be an unscheduled playground open to anyone, provided however, that the rules governing the use of the tot lot and the older children's playground x-17 will be formulated and enforced by the Board of Directors of Company. Department shall have the opportunity for imput in the formulation of the rules. The rules once formulated will be posted in appropriate areas. Failure to comply with the formulated rules may result in the termination of the privilege of the use of these facilities for such periods of time as the Company Board shall determine. 4. Department shall be responsible for the replacement of equipment damaged as a result of normal wear and tear and not covered by warranty. 5. Frederick County Parks and Recreation Department hereby accepts and agrees to accept the responsibility for liability coverage for the playground area. FREDERICK COUNTY PARKS AND RECREATION DEPARTMENT REYNOLDS STORE VOLUNTEER FIRE COMPANY BY President IMPACT FEE POLICY - APPROVED Mr. Stiles stated that when this matter was discussed by the Board it was specifically requested that consideration be given to developing a policy that would first of all limit the application for use of these fees to registered non - profit groups, that secondly the responsibility for maintenance would be left in the hands of the group that was applying for and receiving the funds, and thirdly that a determination be made with regard to liability coverage. Mr. Stiles inquired as to whether or not such a policy was presented to the Recreation Commission for its consideration. Mr. Cheely stated that the policy that was presented was primarily the one that was made up by the Recreation Commission and the staff. Mr. Stiles inquired as to whether or not the request of the Board was presented to the Recreation Commission as an option. Mr. Cheely stated that the draft, as you see it, was what was presented taken on an individual basis. It was not presented that maintenance would be provided by each group and it was not ever given to me in the form of a motion from this Board, and that the Board would only recognize non - profit groups. Mr. Cheely further stated that the three items that were brought out by Mr. Stiles were discussed at each of the meetings that took place, but 41 €J that he was not aware these three items had to be included in the final agreement. Mr. Stiles stated that the maintenance cost of this $75,000 of Capital Improvements concerned him greatly and if the County was going to maintain one, the bottom line is that the County is going to maintain them all, so basically we are writing a blank check for the maintenance cost on the $75,000 worth of Capital Improvements. Mr. Cheely stated that the Commission felt that each situation would be considered on its own merit and that there would be an overall policy to deal with all types of groups. Mr. Owings stated that he felt the impact money should be spent in the district in which it was generated and further that he felt the Recreation Commission should realize that the money for recreation is going to be limited and if it becomes necessary to divert "x" number of dollars to these smaller parks then the maintenance on your two larger parks is going to be hurt and he feels this must be realized. He further stated that he is in favor of the Reynolds Store and any other area that wants to spend the impact money, but when it comes to the maintenance costs he didn't feel the County should be expected to pick up this additional costs. Mr. Malcolm asked Mr. Boyd, President of the Reynolds Fire Company, if his group would have been willing to accept this impact money with a condition that there would have been no maintenance costs involved. Mr. Boyd replied that they would have seriously had to consider this before making a decision. He felt the people in his area had been paying taxes, that have helped pay for recreation throughout Frederick County. He further stated that he felt the people in the Reynolds Store area need to be recognized as well as other outlying areas in this County as being part of the County and having the County respond to these areas, and that this response needs to go outside of just impact money. Mr. Malcolm questioned the situation of someone coming before the Board requesting impact money to build a tot lot in the middle of a subdivision that is in an area that is served handily by a preexisting recreational facility. Mr. Boyd stated that it was because of a situation such as this, that this matter should go through the Parks and Recreation Commission. Mr. Stiles stated that at one time it was discussed, as a possibility, that a third larger park may be built in the western part of the County and � I- that this was a concern of the Planning Commission as they felt this needed to be addressed before the County started establishing a lot of small parks in this same area. Mr. Cheely stated there would be a 3 or 4 step process for a group to follow in order for them to receive any impact monies. Mr. Stiles stated that the Planning Commission felt that action should be forthcoming in the very near future to phase out impact fees. Mr. Baker stated that it was his understanding that the final word on any of these monies being spent, from the impact fund, would have to come from the Board, was this not true. The Board concurred that it was. Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, the Recreational Impact Fee Policy was approved as submitted. Recreational Impact Fee Policy Objective To provide a means by which nonprofit groups and organizations can apply for impact funds for recreation facilities. Policy I. The Frederick County Parks and Recreation Commission will develop advisory committees to be established in each magisterial district to transmit to the Parks and Recreation Department the parks and recreation needs and wishes of the residents within the district and to provide additional information on population characteristics for use of impact funds, which may not be available otherwise. A. Prior to making a decision on a planning or development matter within a district, the Parks and Recreation Department will ascertain the position of the advisory committee with respect to the impact fees request before the Parks and Recreation Department. B. There will be one committee per magisterial district appointed by the Recreation Commission member from the respective district. No interested group should be unrepresented because of an arbitrary member limit and all geographic areas of the district shall be represented. Some of the organizations that might be represented on a typical committee could be: PTA, Teens, Ruritan Club, etc. C. The appointments will be for a period not to exceed two years so that fresh ideas are the rule, not the exception. D. Each committee will be appointed and meet on a need basis as each impact fee request is received. E. Organization structure may be determined by each committee, however, there must be a chairman to call the meetings, set agendas, and preside. The Commission member shall chair the committee in his /her district. F. The following is an outline of the areas of responsibilities that the staff and Recreation Commission should be aware of when dealing with the impact fee committees. 1. Parks and Recreation Commission Responsibilities 420 a. Each Recreation Commission member will appoint committees and determine that membership is representative of his /her district. b. To request advice on specific uses for impact fees. c. To review and consider the impact fee committee recommendations and requests. 2. Staff Responsibilities a. To send out notices of impact fee committee meetings. b. Provide available information and materials to the committees as requested by the commission members. c. To attend committee meetings when requested by the commission. Il. In order to achieve the lonq -range objectives of this department in providing for the ordinary growth and maintenance of the parks system and to meet the present and future needs of the citizenry in terms of impact fees, the Parks and Recreation Department does herein establish a planning process incorporating the principles listed below: A. Plans must be based on a set of objectives derived from data and information obtained through methods of a described set of policies developed by the staff, approved by the Parks and Recreation Commission, and adopted by the Board of Supervisors. B. Procedures have been established for insuring maximum citizenry input before and during preparation of plans, as outlined in letters A thru F. C. Plans must be submitted to the Parks and Recreation staff at a pre- submission conference. D. Plans must come to the Parks and Recreation staff with the endorsement of the impact fee committee from the appropriate magisterial district and the endorsement of the commission member and board member from that district. E. The Planning staff and Parks and Recreation staff will then review the plans for completeness and conformance and submit them to the Parks and Recreation Commission for endorsement. F. The plan will then go to the Board of Supervisors and monies would be released to the Parks and Recreation Department for the development of the park land. III. In considering use of impact funds, the following factors will be evaluated prior to forwarding the commission's recommendation to the Board: A. The group requesting the monies 1. Eligibility will be limited to nonprofit groups or civic organizations or community interest groups. B. Socio- economic factors 1. Population characteristics of movement, mobility, age, income, working habits. 2. Leisure interests that pertain to neighborhoods, communities, and planning districts both existing and projected in the future. C. Environmental factors 1. The environmental impact of any proposed recreational site will be investigated to determine if there will be any adverse or beneficial factors which could have an effect on the site. The 42_1 following are some of the environmental factors that will be researched for each project: a. General topography b. Soils c. Water resources d. Flora and fauna e. Access f. Existing structures g. Historical and archeological h. Adjacent land uses i. Air quality j. Noise level k. Weather 2. The following organizations may be consulted during the site evaluation: a. Public Health Department b. Environmental groups c. Historical societies d. Extension Office e. Soil Conservation Office f. State Water Control Board g. State Division of Forestry h. Commission of Game and Inland Fisheries i. Private and public recreation organizations j. Citizen or resident organizations k. Special interest groups I. Planning Commission D. Present park facilities and usage E. Special requirements for the handicapped F. National, State, and Regional plans G. Existing and projected private and public facilities H. County development plans I. Legal agreements when dealing with nonprofit or civic organizations or community interest groups. J. Insurance coverage when dealing with outside agencies and community interest groups K. Maintenance 1. To be outlined in a comprehensive manner pertaining to each specific project and supported by the Board of Supervisors prior to approval of any acquisition or development. L. Security M. Repair and replacement N. Scheduling of facility O. Ceiling on monies to be appropriated CHANGE IN PARKS AND RECREATION BY -LAWS - APPROVED It had been recommended by the County Administrator and the Parks and Recreation Commission concurred that the official number on the Parks and Recreation Committee be changed from 10 to 9 to reflect the change in the status of the Board of Supervisor member to that of a non - voting liaison. 42 G Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, the number on the Parks and Recreation Commission is hereby changed from 10 to 9. Mr. Stiles inquired as to whether this had been researched in the minutes as to whether or not the Board had acted on this at an earlier date. Mr. Cheely stated that the only change he could find in the minutes was the change in the process for the selection of the 2 student members. RECESS Mr. Stiles stated that for the record he would like to state that in reference to the policy on Recreational Impact Fee that just because something is done one time it does not set a precedent and does not necessarily mean that it will happen this way again. REGIONAL WASTEWATER TREATMENT PLANT - DISCUSSED Mr. Koontz stated that he would like to invite the City Council to the Board Meeting on October 14, 1981 to discuss the regional wastewater treatment plant. Mr. Stiles requested that the County Planning Commission also be invited to attend this meeting. The Board agreed to these two requests. Mr. Owings stated that he would like to know how much had been spent to date on this project and how much more the County is committed to spend. Mr. Baker asked if the Planning Commission had ever been involved in this matter. Mr. Stiles replied, not for ten seconds. Mr. Koontz stated that the Planning Commission had never asked to be involved. Mr. Baker stated that it would occur to him that the County was involving theirselves in a capital facility situation, and with the long range plans the County has in mind, that he felt the Planning Commission should certainly be involved in any preliminary discussions. He further stated that the Board had agreed to have planning sessions with the Planning Commission, and this had not materialized and he felt this was an error. Mr. Baker made a motion that this situation with the Frederick - Winchester Service Authority be referred to the Planning Commission for their appropriate input, and in particular, the subcommittee of Capital Facilities and then brought back to the Board. 423 Mr. Stiles seconded this for the purpose of discussion. He stated that he agreed with this, but because of the time schedule involved he didn't feel there would be enough time to get this done. Mr. Horne stated that he felt the Planning Commission would not make a recommendation inasmuch as they do not have enough of information to make a recommendation, but that they would like to be brought up to date on this project, and further that the Planning Commission does need to be included in the discussions on this project. Mr. Sam Lehman appeared before the Board and stated that in accordance with a letter received from a representative of the EPA, in his opinion, Bob Solenberger, as Chairman of the Frederick - Winchester Service Authority, could sign this grant without prior approval of the two jurisdictions. Mr. Koontz stated that Mr. Solenberger had agreed that he would not sign without receiving prior approval of the two jurisdictions. Mr. Malcolm stated that it was his understanding that the Board would not be asked to make any decisions regarding the regional plant at the October 14th meeting in order that a letter could be postmarked by 9:00 the next morning, was this correct. Mr. White stated that it was. Mr. Horne stated that Mr. White and Mr. Jones would be invited to the Planning Commission's first meeting in October to discuss the regional plant. Mr. Baker withdrew his motion and Mr. Stiles withdrew his second. For. Koontz stated that at the present time the County buys their water supply from the City and pay whatever price they charge us, and one of the conditions of this agreement was that the City would sell water to the water system of the Service Authority so that the Service Authority would be free to sell to the County and to the City on an equal basis. AN ORDINANCE EXEMPTING PURCHASES OF ARTIFICIAL OR PROPANE GAS. WOOD. COAL OR HOME HEATING OIL USED FOR DOMESTIC ES Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and passed unanimously, the following ordinance was approved: BE IT ORDAINED by the Board of Supervisors of the County of Frederick, Virginia, that effective October 1, 1981 and pursuant to Sections 58 -441.6 and 58- 441.49:3 of the Code of Virginia of 1950, as amended, purchases of artificial or propane gas, wood, coal or home heating oil by an 424 individual purchaser for other than business, commercial or industrial purposes are hereby exempted from the one percent (1 %) local option sales and use tax. Adopted by the Board of Supervisors on the 23 day of September 1981. Mr. Stiles inquired as to when the Board would be interviewing for the Director of Inspections. Mr. White stated that he hoped to have this set up in the next two weeks. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. hairman, o rd of ervisoY Clerk, Board of Supervisors