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August 25, 1982 Regular Meeting621 A Regular Meeting of the Frederick County Board of Supervisors was held on August 25, 1982, 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; David L. Smith and Kenneth Y. Stiles. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by the Reverend James R. Cooke of the First United Methodist Church. ADOPTION OF AGENDA Mrs. Maddox stated that she would like time for a report from the Judicial Center Committee concerning their meeting held on August 25, 1982. Mr. Baker stated that he had an item under the Personnel Committee Report and also the Finance Committee Report. Mr. Stiles stated that he had received a letter this date from the State Water Control Board that he would like for the Board to discuss. Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and passed unanimously, the agenda was adopted as amended. APPROVAL OF MINUTES Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, the minutes of the Special Meeting of August 2, 1982 be approved as submitted. OLD BUST NE REQUEST FOR ADOPTION OF PARKS AND RECREATION LOGO - DENIED The Board discussed the logo presented by the Parks and Recreation Department requesting that they be allowed to use this particular logo within their Department. It was the consensus of the Board that the County Seal, that was just officially adopted by the Board on August 11, 1982, be used by all Departments. PUBLIC HEARING AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, TO AMEND ARTICLE I, SECTION 2 . 1 -1 - APPROVED GROUP HOMES AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, TO AMEND SECTION 21 -16 BY THE ADDITION OF (X) SECTION 21 -26 BY THE ADDITION OF (Z), SECTION 21 -36 BY THE ADDITION OF (0), SECTION 21 -44 BY THE ADDITION OF (N), SECTION 21 -52 BY THE ADDITION OF (S) AND SECTION 21 -90 BY THE ADDITION OF IN - APPROVED 628 Mr. John Horne presented these two amendments. Mrs. Patricia Stiles appeared before the Board and gave a brief history of the Group Home that is presently located in Winchester. She stated that they were not aware that the County of Frederick Zoning Ordinance did not have a section that addressed Group Homes until the possibility of the Group Home being relocated in the County arose. She further stated that they were very much interested in having this amended as there is a very strong possibility that the present location in the City is going to be sold and they are interested in relocating in the County. Mr. Koontz asked if a conditional use permit and a public hearing would be required before a request for a Group Home would be approved. Mr. Horne replied no. Mrs. Stiles stated that the guidelines set out by the State for the operation of these Group Homes are very stringent. Mr. Koontz stated that it concerned him that the people in a neighbor- hood in which a home such as this might locate would not have any input prior to a Group Home being located there. Upon motion made by David L. Smith, seconded by Kenneth Y. Stiles and passed unanimously, that the following ordinance amendment be approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, TO AMEND ARTICLE 1, SECTION 21 -1. Upon motion made by David L. Smith and seconded by Kenneth Y. Stiles, that the following ordinance amendment be approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, TO AMEND SECTION 21 -16 BY THE ADDITION OF (X), SECTION 21 -26 BY THE ADDITION OF (Z), SECTION 21 -36 BY THE ADDITION OF (0), SECTION 21 -44 BY THE ADDITION OF (N), SECTION 21 -52 BY THE ADDITION OF (S) AND SECTION 21 -90 BY THE ADDITION OF (P). The above resolution was passed by the following recorded vote: Aye - Will L. Owings, William H. Baker, Rhoda W. Maddox, David L. Smith and Kenneth Y. Stiles. Nay - S. Roger Koontz. Mr. Stiles stated that he would like the records to show that Mrs. Stiles was with the Group Homes strictly as a volunteer and that there was no conflict of interest as far as he was concerned. SUBDIVISION REQUEST - GREENBRIER SUBDIVISION SECTION I - APPROVED Mr. Horne presented this subdivision request for 66 lots in Opequon Magisterial District and stated that the Planning Commission recommended approval. 629 Mr. Bruce Edens and Mr. Jim Bowman appeared before the Board on behalf of this request. Upon motion made by Will L. Owings, seconded by William H. Baker and passed unanimously, that the subdivision request for preliminary and final plats for 66 lots in Greenbrier Subdivision, Section I, be approved as presented. REQUEST FOR SECTIONS OF FREDERICKTOWNE TO BE TAKEN INTO THE SECONDARY SYSTEM - APPROVED Mr. Horne presented this request. Upon motion made by Will L. Owings, seconded by Kenneth Y. Stiles and passed unanimously, the request of Fredericktowne Company for the following secondary additions be approved: WHEREAS, the Virginia Department of Highways and Transportation and the Department of Planning and Development have reviewed the request by Fredericktowne Company and recommend the inclusion of approximately .18 miles of Caroline Avenue to Route 647, and 230 feet of Bedford Place from its intersection with Fredericktowne Drive to the end of the cul -de -sac, in the Opequon Magisterial District, into the Secondary Road System pursuant to provisions of the Code of Virginia, 1950, as amended; and, WHEREAS, this Board does guarantee the Commonwealth of Virginia an unrestricted right -of -way of 60 feet with necessary easements for cuts, fills and drainage as evidenced in deeds recorded in Deed Book 431, Page 290 (Bedford Place) and Deed Book 549, Page 558 (Caroline Avenue Extended). BE IT RESOLVED, that this Board does approve the request for inclusion into the Secondary Road System contingent upon posting of a proper and acceptable bond with the Virginia Department of Highways and Transporta- tion. AIRPORT ACCESS ROAD IMPROVEMENT REQUEST - APPROVED Mr. Horne presented this request. Upon motion made by David L. Smith, seconded by William H. Baker and passed unanimously, the following resolution was approved WHEREAS, Section 33.1 -221 of the Code of Virginia (1950), as amended, permits State Highway and Transportation Commission funding of construction improvements to access roads serving publicly owned airports; and WHEREAS, a need has been established for construction of improve- 630 ments to the following roads, which provide primary access to the Winchester Municipal Airport and are located in the County of Frederick: Road Length Function 1. Route 645 3/4 mile District access to Winchester Municipal Airport 2. Route 728 1 mile Access from Route 50; connection with Route 645 WHEREAS, the City of Winchester, in accordance with provisions of the Airport Access Policy dated November 20, 1980, hereby agrees to pay all related real estate acquisition and regional utility relocation costs; NOW, THEREFORE, BE IT RESOLVED that the Board of Super- visors of the County of Frederick, Virginia, hereby request that funds for the above described improvements to the Winchester Municipal Airport primary access routes be provided by the State Highway Commission. REQUEST BY FOREST LAKE ESTATES MOBILE HOME PARK FOR EXTENSION OF SEWER LINE - DENIED Mr. Horne presented this request and stated that the staff and the Planning Commission recommended denial. He stated that he had received a letter from Mr. Jones, of the Sanitation Authority, stating that Mr. T. G. Adams had appeared before the Sanitation Authority requesting that the Authority accept wastewater at the Authority's Stephens Run Facility from his proposed development. He further stated that Mr. Adams proposed to install a pump station and force main in order to convey the wastewater to the Authority's facilities. He further stated that Mr. Adams proposes to dedicate these facilities to the Authority. He stated that the Authority had considered the needs at the July meeting and had tabled it in order to refer it to the Planning Commission for their review and recommendation. Mr. Adams appeared before the Board on behalf of his request. Mr. Stiles stated that any action the Board would take would be no more than advisory to the Sanitation Authority. Upon motion made by Will L. Owings, seconded by David L. Smith and passed unanimously, the request for sewer extension by Forest Lake Estates Mobile Home Park be denied. JUDICIAL CENTER UPDATE Mrs. Maddox read the following memo from Tom Malcolm, Judicial Center Committee member: It was the decision of the Judicial Center Committee to recommend to both governing bodies that they accept the contract for interior design of 61 the Court facilities. This will be voted on at the September 8th Board meeting. The maximum of $40,000.00 was placed on the fee for the services of the interior designer. (The Committee is hoping it can be done for less.) The Committee recommended to stay within the scope of the project - to remain as previously outlined. The groundbreaking is scheduled for 2 September at 11:00 A.M. Mr. Owings stated that this concerned him and he would like to know where the expenses for this Judicial Center stop. He stated that last week it was $30,000.00 and now an additional $40,000.00. Mr. Baker stated that he felt this was a valid question. Mr. Stiles stated that the interior design was part of the base bid but the design review and the Committee felt with there being so many users to be housed within the Judicial Center that there is a strong need for one person to oversee the various offices and make sure that everyone utilizes what furniture they presently have and only purchase what is necessary and that everyone stays within their approved budgets for this project. Mr. Owings stated that he was not disagreeing with that, but this person is an employee of HOK and also coming on our payroll to the tune of $40,000.00 a year. Mr. Stiles stated that this was not included in the original contract with the Architects and that this is where any additional costs will stop. Mrs. Maddox stated that another advantage to having HOK furnish the Interior Designer is that she will not be serving as an Interior Decorator but she will help to coordinate everything. Mr. Stiles stated that we are paying the Architects and they in turn will be paying her salary. REQUEST FROM STATE WATER CONTROL BOARD FOR COUNTY TO ENDORSE STATE PLAN FOR THE VOLUNTARY REDUCTION OF NON POINT POLLUTION AND COMMITTMENT TO THE WRITING OF A LOCAL PLAN TO REDUCE NON POINT SOURCE POLLUTION THROUGH THE USE OF BEST MANAGEMENT PRACTICES - TABLED Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, that the above request from the State Water Control Board for the County to endorse A State Plan for the Voluntary Reduction of Non Point Pollution be tabled indefinitely. BOARD DISCUSSES REGULATIONS GOVERNING KEG PARTIES WITHIN THE COUNTY 63 Mr. Koontz stated that he had received several phone calls concerning Keg Parties being held within the County. He asked Mr. Ambrogi to inform the Board of the County Ordinance that addresses these parties. Mr. Ambrogi stated that he felt some parents were having these parties for their children and that alcoholic beverages are being provided to minors, those under 18 years of age, and if this is the case they are break- ing the law. Mr. Koontz stated that the Sheriffs Department is aware of these parties being held within the County and that necessary steps will be taken to enforce the law. REQUEST FOR APPROVAL OF PRELIMINARY APPLICATION TO THE R FUNDING - APPROVED Mr. Cheely addressed the Board concerning this request stating that he felt this would be an excellent opportunity to construct this facility which is high on our CIP program and dramatically reduce the County's financial obligation for doing so. The Frederick County Parks and Recreation Commission discussed, at its August 17, 1982 meeting, the possibility of applying for funds from the Commission of Outdoor Recreation in order to complete a tennis facility which is currently part of our capital improvement program. At this time, what we would like to request from the Board is the opportunity to submit a preliminary application to the COR. This preliminary application is in no way binding on the part of Frederick County, but merely notifies them of our possible intent to apply for funds. The request for this preliminary appli- cation is brought about by several conditions. These conditions are: 1. The tennis complex in question is rated at the top of our Department's capital improvement program. 2. It appears that there may be some carry forward monies that could be requested to alleviate the County's 50% match of this grant applica- tion. 3. These limited funds, which are available, will in all likelihood not last long. At this time, we would like to reemphasize that this request in no way is obligating the Board of Supervisors or the County to carry out this project, but merely to alert the COR to the possibility of our request while the staff has time to prepare the indepth information for the Board's review and approval prior to any further steps being taken. Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, that the above request be approved. 633 ANIMAL CARE COMMITTEE REPORT AND RECOMMENDATIONS Mr. Smith presented the following Committee report: The Animal Care Committee met on August 10, 1982 with all members present. Also present at the meeting were Larry Ambrogi, Harold Whitacre and Wally Clubb. The Committee makes the following report and recommenda- tions: The County Code, State Code and the Virginia Anti - Cruelty Laws /Animal Welfare Act /Dog Laws of 1981 were examined by the Committee as they per- tained to dogs running at large (Section 5 -14); the definition of a vicious or destructive dog (Section 5 -15); and evidence of rabies inoculation (Section 5 -29). After much discussion, the consensus was that the wording was vague and provided too much latitude for interpretation. Larry Ambrogi was asked to examine and reword these sections. After review, rewording and adoption by the Board, the Committee recommended that a summary of the County Dog Ordinances be issued to each dog owner at the time of the annual purchase of the dog tags. Additionally, the reworded Running At Large Sections (5 -14 and 5 -15) be provided to each first time offender of that section, along with a verbal warning. The Committee was advised by the Public Services Director that rabies vaccine had been ordered to inoculate County employees involved in handling dogs. This expense has been budgeted. The inoculations are scheduled for August 16. The cost will be $200.00 rather than $600.00 as was reported at the Committee meeting. PERSONNEL COMMITTEE REPORT AND RECOMMENDATIONS Mr. Baker presented the following report and recommendations: The Personnel Committee met on Monday, August 16, 1982, with all members present and submits the following report and recommendations to the Board of Supervisors for consideration: Compensatory Time Policy Revision The Committee met with Department Heads to discuss their views on the comptime policy. Following this discussion the Committee reviewed the comp - time policy and discussed at length several proposed alternatives and /or amendments thereto. However, due to the many varibles involved, the Committee agreed to continue work on the policy revision. The revised policy will be presented to the Board as soon as possible. Recommendation of County Employee to Serve on the Joint Judicial Center 634 �3 4 At the meeting on August 11, 1982, the Board requested the Personnel Committee to present a recommendation for a County employee to serve on the Joint Judicial Center Committee in the absence of a County Administrator so that the County might maintain daily contact with the project. The Committee recommends that Mr. Charles Poe, Director of the Division of Court Services, be appointed to serve in this capacity. Upon motion made by William H. Baker, seconded by David L. Smith and passed unanimously, the above was approved. Report - Application for County Administrator The Committee notes that approximately 50 applications have been received to date for the County Administrator position. The application deadline is August 20th. The Committee will review the applications and present candidates to the Board of Supervisors for consideration at the first meeting in September. Clerical Position in Permit Center The Committee noted that the Clerk Typist II position in the Permit Center (Inspections Division) is currently vacant. The Committee recommends that this position not be filled at this time and that the staff be instructed to utilize existing personnel in the Permit Center to cover this position. Upon motion made by William H. Baker, seconded by David L. Smith and passed unanimously, the above was approved. Vacant Position in Inspections Department Ron Skiles, Inspector, has resigned and the Board recommends that this position not be filled at this time. CODE AND ENGINEERING COMMITTEE REPORT AND RECOMMENDATIONS Mr. Owings presented the following Committee report and recommenda- tions The Code and Engineering Committee met on August 19, with all members present. Also present were Helen Locke, Steve Diehl and John Dennison. The Committee makes the following report and recommendations: Data Processing Physical Security Five bids were received and the costs were projected for a three year period. It was agreed that the rental proposals were most advantageous to the County. The recommendation was passed to the Finance Committee in order to recommend appropriations that would be necessary for installation funds and monthly rental through the end of the fiscal year for Board approval. 635 Energy Savings Program The Energy Savings Program was reviewed by the Committee. The actions proposed incorporate suggestions made by a consulting firm hired by the Commonwealth to conduct energy audits in governmental buildings. The recommendations verify items discussed earlier by this Committee and the Board. Mr. Stiles asked if any further action would be taken on this. Mr. Harriman stated that this was brought about as a result of the various items that were brought to the Board in April. Chapter 14 of the County Code (Nuisances) After much discussion, the consensus of opinion was that the variations in what constitutes nuisance noise are such that they can not be addressed specifically. Mr. Stiles stated that he had a problem with this. The Board discussed which Committee should address this particular problem. Mr. Stiles stated that if nothing could be done about it, okay, but he felt something could be done. Fixed Meeting Date It was established that the Code and Engineering Committee would meet the first Wednesday of every month at 10:00 A.M. unless the meeting was cancelled due to lack of business. Parking The Committee continued the discussion regarding parking for transient and overnight blue tag parking. Numerous suggestions were made and their merits weighted. Various alternations were discussed and action was tabled. Inspections Backlog Interim report was presented indicating continuing satisfactory progress. FINANCE APPROPRIATION TRANSFERS/ REFUND - APPROVED Mr. Baker presented the following appropriaton transfers from the Finance Department: A request from the Clerk's Office to transfer $320.00 to replace a file machine that cannot be repaired. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above request was approved. 636 A request from ASAP to transfer $805.00 to correct clerical error on budget request for retirement. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above request was approved. A request from ASAP to transfer $805.00 to correct clerical error on budget request for retirement. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above request was approved. A request from ASAP to transfer $2,995.00 to correct clerical error on budget request for hospitalization. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above request was approved. Mr. Baker stated that all of the above transfers requested are from within their approved budget, require no additional local funds and are recommended for approval. A request to refund $50.00 to ASAP client who paid twice. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above was approved. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. 0 2 A, is r r. Board oupervis rs Deputy Clerk, Board of Supervisors