November 10, 1981 Regular Meeting442
A Regular Meeting of the Frederick County Board of Supervisors was held
on November 10, 1981, at 7:00 P.M., in the Board of Supervisors Meeting
Room, 9 Court Square, Winchester, Virginia.
PRESE 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 Fred Bowman of the Calvary
Church of the Brethern.
ADOPTION OF AGENDA
Mr. Stiles requested that the vote on the Step 11 Grant for the
Regional Sewer Plant be done following Executive Session.
Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and
passed unanimously, the agenda was adopted as amended.
APPROVAL OF MINUTES
Mrs. Maddox requested the following correction in the minutes of
October 28, 1981:
Page 2, first sentence, the words "square feet" should be deleted.
Upon motion made by R. Thomas Malcolm, seconded by William H. Baker and
passed unanimously, the minutes of the Board of Supervisors Meeting of
October 14, 1981 and October 28, 1981 were approved as amended.
EVELYN GOODE REAPPOINTED TO HANDLEY LIBRARY BOARD -
APPROVED
Upon motion made by Rhoda W. Maddox, seconded by Kenneth Y. Stiles and
passed unanimously, the Board of Supervisors of the County of Frederick,
Virginia, does herein reappoint Evelyn Goode to the Handley Library Board.
Mrs. Goode's term will be decided when the Handley Library Board has their
organizational meeting in January, 1982.
ELEANOR CASEY REAPPOINTED TO THE INDUSTRIAL DEVELOPMENT
AUTHORITY - APPROVED
Upon motion made by R. Thomas Malcolm, seconded by Kenneth Y. Stiles
and passed unanimously, the Board of Supervisors of the County of Frederick, _.__..
Virginia, does herein reappoint Eleanor Casey to the Industrial Development
Authority, said term to commence on November 10, 1981 and terminate on
November 10, 1985.
DON SHOCKEY REAPPOINTED TO THE INDUSTRIAL DEVELOPMENT
AUTHORITY - APPROVED
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Upon motion made by Rhoda W. Maddox, seconded by William H. Baker and
passed unanimously, the Board of Supervisors of the County of Frederick,
Virginia, does herein reappoint Don Shockey to the Industrial Development
Authority, said term to commence on November 10, 1981 and terminate on
November 10, 1985.
AN ORDINANCE IMPOSING AN ASSESSMENT OF ONE DOLLAR UPON
EACH CIVIL ACTION FILED IN THE CIRCUIT AND GENERAL
DISTRICT COURTS LOCATED WITHIN THE BOUNDARIES OF THE
CITY OF WINCHESTER, VIRGINIA, FOR THE PURPOSE OF
ESTABLISHING AND MAINTAINING A LAW LIBRARY - APPROVED
Upon motion made by William H. Baker, seconded by Will L. Owings and
passed unanimously, the Board of Supervisors of the County of Frederick,
Virginia, does herein approve the following ordinance:
AN ORDINANCE IMPOSING AN ASSESSMENT OF ONE DOLLAR UPON
EACH CIVIL ACTION FILED IN THE CIRCUIT AND GENERAL
DISTRICT COURTS LOCATED WITHIN THE BOUNDARIES OF THE
CITY OF WINCHESTER, VIRGINIA, FOR THE PURPOSE OF
ESTABLISHING AND MAINTAINING A LAW LIBRARY.
BE IT ORDAINED by the County of Frederick, Virginia, that in accordance
with Section 42.1 -70, Code of Virginia (1950), as amended, there is hereby
imposed an assessment of one dollar upon each civil action filed in the
Circuit and General District Courts located within the boundaries of this
city. The assessment provided for herein shall be in addition to all other
costs prescribed by law.
A. Purpose
The purpose of the assessment hereby imposed is to provide funding
for the establishment and maintenance of a law library.
B. Exceptions
This assessment shall not apply to any action in which the Common-
wealth of Virginia or any political subdivision thereof or the
federal government is a party and in which the costs are assessed
against the Commonwealth, political subdivision thereof, or federal
government.
C. Collection.
The assessment hereby imposed shall be collected by the Clerk of
the Court in which the action is filed, and remitted to and held by
the Treasurer subject to disbursement authorization by the Board of
Supervisors of Frederick County, Virginia.
D. Disbursement
Disbursement of funds generated by this assessment may be used for
the acquisition of law books and law periodicals and for the
establishment, use, and maintenance of a law library which shall be
open for the use of the public. In addition to the acquisition of
law books and law periodicals, the disbursements may include the
compensation to be paid to librarians and other necessary staff for
the maintenance of such library and acquisition of suitable
quarters for such library.
Pursuant to the rules of the Supreme Court law libraries may, at
cost to such libraries, have access to computer research services
of the State Law Library. Disbursements may be made for the
purchase or lease of computer terminals for the purpose of
obtaining such research services.
E. Contributions
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Acceptance of contributions to the law library fund from any bar
association is hereby authorized.
F. Effective Date
This ordinance shall be effective on and after ,
CUP #015 -81 - VIRGIL A. WILKINS, SR. - OPEQUON MAGISTERIAL
DISTRICT - APPROVED
Mr. Horne presented this conditional use permit and stated that the
Planning Commission unanimously recommended approval with conditions. I
Upon motion made by Will L. Owings, seconded by R. Thomas Malcolm and
passed unanimously, the Board of Supervisors of the County of Frederick,
Virginia, does herein approve the conditional use permit #015 -81 of Virgil
A. Wilkins, Sr. of Rt. 1, Box 393 -A, Winchester, Virginia, requesting a
home occupation /accessory structure for an automotive repair shop. This
property is designated as Parcel 3, (13) on Tax Map 87A, in the Opequon
Magisterial District.
P #016 -81 - BERNARD AND SALLY MCCLUNG - STONEWALL
GISTERIAL DISTRICT - APPROVED
Mr. Horne presented this conditional use permit request and stated that
the Planning Commission unanimously recommended approval with conditions.
Mr. McClung appeared before the Board on behalf of his request.
Mr. Koontz asked a number of questions concerning this conditional use I
permit and stated that he was concerned about the sign that would be erected
on this property.
Mr. Horne stated that Mr. McClung is in compliance with his sign as it
is four by four and that is what the regulations call for.
Mr. Arthur Seippel appeared before the Board and stated that he had not
been notified of this conditional use permit request and inasmuch as he was
a neighbor he felt he should have been.
Mr. Horne stated that the Code states that all adjoining property
owners are to be notified, at which time he read the list of adjoining
property owners that had been notified, but due to the fact that Mr. Seippel
is not an adjoining property owner he was not notified.
After much discussion it was agreed upon that Mr. McClung was in
compliance with all of the conditions as stated by the Planning Commission,
and that a fifth condition be added stating that there be no on -site storage
of building materials with the exception of what is in the garage.
Upon motion made by Kenneth Y. Stiles, seconded by R. Thomas Malcolm
and passed unanimously, the Board of Supervisors of the County of Frederick,
445
Virginia, does herein approve adding a fifth condition to the conditional
use permit request of Bernard and Sally McClung. This condition being that
there be no on -site storage of building materials.
Upon motion made by Kenneth Y. Stiles, seconded by R. Thomas Malcolm
and passed unanimously, the Board of Supervisors of the County of Frederick,
Virginia, does herein approve the conditional use permit #016 -81 of Bernard
and Sally !McClung, RD #5, Box 640, Winchester, Virginia, requesting a home
occupation for a model home. This property is designated as Parcel 198c on
Tax Map 42A, in the Stonewall Magisterial District.
BOARD RETIRES INTO EXECUTIVE SESSION
Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and
passed unanimously, the Board retired into Executive Session in accordance
with Section 2.1 -344, Subsection (a) (1) , to discuss personnel matters.
BOARD WITHDRAWS FROM EXECUTIVE SESSION
Upon motion made by Kenneth Y. Stiles, 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.
STEP It GRANT AWARD AUTHORIZATION RESOLUTION - REGIONAL
SEWER PLANT - APPROVED
The resolution that appeared in the Board's agenda concerning the Step
If Grant Authorization for the Regional Sewer Plant was discussed and it was
decided that the questions that had been submitted by the Planning
Commission concerning the regional plant should be a part of this
resolution.
Mr. Malcolm raised the question of the cost of the plant and what the
charge would be per user and that in some cases the people would be paying
more for this service than they would be for their house payments.
Mr. Stiles questioned the population figures that the consultants had
used in the study compared to those that had been predicted by the Planning
Commission for the County for the next 10 years, and the fact that the
predictions were nowhere close in comparison.
Mr. Sam Lehman asked, "When we talk about evaluating the costs for
upgrading the existing plants, are we talking about the minimum necessary
to perform the jobs of those plants on a 20 year design period as they
446
exist, without pumping stations down on the Opequon, and without pipes
connecting them ?"
Mr. Stiles stated that there would be 2 independent plants if this is
the way we choose to go.
Upon motion made by Kenneth Y. Stiles, seconded by R. Thomas Malcolm and
passed unanimously, the following resolution was passed by the Board of
Supervisors of the County of Frederick, Virginia.
WHEREAS, the United States Environmental Protection Agency has offered the
Frederick - Winchester Service Authority a $1,682,850 grant for the purpose of
designing a regional wastewater facility; and
WHEREAS, one of the conditions of the grant award is for the Authority to
receive letters of committment, indicating plans to participate in the
regional wastewater treatment facility, from National Fruit Product Company,
Shenandoah Apple Co- operative, Zeropack Company, and H. J. Heinz Company;
and to perform an optimization investigation to re- evaluate the costs of
upgrading the existing facilities versus a revised regional plant on the
Opequon Creek site, upon receipt of letters of Committment for any level of
participation, or a failure to respond, by the aforementioned Fruit
Processors; and
WHEREAS, the Frederick - Winchester Service Authority, pursuant to a request
from the Frederick County Board of Supervisors, agrees to conduct the
optimization study to include an analysis and resolution of the issues
raised by the Frederick County Planning Commission in its staff memo dated
22 October 1981, a copy of which is herein attached and made a part of this
resolution; and
WHEREAS, the Authority agrees to submit the findings to the governing bodies
for review; and
WHEREAS, the Authority agrees not to proceed with detailed plans and
specifications until such time as all affected parties have approved the
findings of the optimization investigation.
NOW, THEREFORE BE IT RESOLVED by the Frederick County Board of Superv'.
that the Frederick - Winchester Service Authority is hereby authorized to
accept the $1,682,850 grant, provided that the optimization investigation
findings be subject to review by an independent value engineering team. The
Board further agrees to provide its local share of funding in accordance
with a resolution adopted by the Frederick County Board of Supervisors on
February 13, 1980.
A COPY TESTE:
/s/ James M. White
James M. White
County Administrator
M E M O R A N D U M
TO: Frederick - Winchester Service Authority
FROM: John T. P. Horne, Secretary
Frederick County Planning Commission
SUBJECT: Analysis of Regional Waste Water Treatment Plant
DATE: October 22, 1981
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The Frederick County Planning Commission, at their October 21, 1981,
meeting, requested the staff to forward the following data and questions to
the Frederick - Winchester Service Authority regarding the plan for the
regional waste water treatment plant. The first three questions are based
on the data enclosed as compiled by the staff. The Planning Commission
would request that the Service Authority contact the Planning staff in
regards to their analysis and comment on the data derived by the Planning
staff, in addition to answering the questions one through three. Questions
four and five are indirectly related to the data but are not necessarily an
outgrowth of the data enclosed. The following questions were posed by the
Planning Commission:
1. Given the enclosed data comparing the population estimates for the
service area by Camp Dresser -McKee and those compiled by the staff, what
would be the effect of this over - estimation of the service area
poplulation on flows in the system, user charges, and the needs analysis
for the system?
2. Given the method of estimation for family income in the service area,
does this method over estimate the actual income of the typical family
in the service area? If this method of estimation does over - estimate
the family income in the area, what effect would this over - estimation
have on the impact of users charges on those families?
3. What are the sources of the information used in statements by
Camp Dresser -McKee that the regional waste water treatment plant on the
Opequon is in conformance with the 1976 Frederick County Comprehensive
Plan?
4. What effect would there be on the cost of local participation and /or
users charges of a drop in the federal participation from 75% to 50 %?
5. What precisely will be considered during the optimization study by Camp
Dresser - McKee? Does the local planning process in the jurisdiction have
the option of influencing what is addressed in the optimization study?
Does Camp Dresser -McKee intend to use any information derived at this
time from the local jurisdictions in terms of what is addressed under
the optimization study?
The Planning Commission submits these questions in the spirit of cooperation
with the Service Authority and looks forward very much to helping the
Service Authority in any way it can to derive accurate and reliable
information in regards to the regional waste water treatment plant. If the
Service Authority needs any clarification of the above questions or would
like to use local staff in the formulation of their response to these
questions, the Planning Commission has directed the staff of the Department
of Planning and Development to assist in any way possible. The Planning
Commission would again like to emphasize that it is very anxious to
cooperate with the Service Authority in the formulation of a plan which will
ultimately serve the best interests of the citizens of Frederick County and
Winchester.
JTPH /rsa
1. Population projections for service area may be too high. If service
population is overestimated, it may require higher user charges than
originally anticipated. This overestimation will significantly change
the user cost estimation done by Alexander Potter on September 13,
1979.
1985 Projections
Winchester
CDM -
FC -
25,220
21,400
3,840 Overestimation
Frederick County
Service Population
CDM -
FC -
9,025
4,842
4,183 Overestimation
Total Overestimation: 8,023 - 30.6%
AS
2005 Projections
Winchester CDM - 28,280
FC - 23,645
4,635 Overestimation
Frederick County
Service Population CDM - 16,400
FC - 8,819
7,581 Overestimation
Total Overestimation: 12,216 - 37.6%
Growth rates necessary to achieve CDM 2005 Projections:
Winchester - 1.4 % /yr. - We project .5 %lyr.
FC 7.07 % /yr. - We project 3.8 % /yr.
2. Income - An overestimation of income by CDM may have affected the EPA
review process. Combined with a service area population, overestimation
may significantly understate the financial impact of the system on the
users. CDM uses the method which takes per capita personal income and
multiplies that by the number of persons per household. This method
assumes that all family members are working. The effect is a dramatic
overestimation of actual family income.
3. Comprehensive Plan - Two statements made in 1980 say that growth
fostered by the plant on the Opequon was in conformance with the 1976
Comprehensive Plan.
CDh7 10/24/80 - Seems to infer that the Comprehensive Plan calls for
urbanization all the way to the Opequon. The 1990 Land Use Plan does
not and current policy does not.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY,
IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN.
�, rd of uperviso erk, Board of Supervisors