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September 22, 1982 Regular Meeting651 A Regular Meeting of the Frederick County Board of Supervisors was held on September 22, 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 Peter Ford, Chaplain of the Winchester Memorial Hospital and Reverend of the Quaker Church. ADOPTION OF AGENDA Mr. Smith requested time under "Old Business" Mr. Baker requested an addition of an item on the Finance Committee Report. Upon motion made by David L. Smith, seconded by Kenneth Y. Stiles and passed unanimously, that the agenda be adopted as amended. APPROVAL OF MINUTES Mr. Baker stated that he had a correction on Page 25 of the August 11 Meeting. The second paragraph should read, "Mr. Stiles requested that the insert or the new term of the previous officer shall begin ", should be added to the last sentence. The Board concurred. Upon motion made by William H. Baker, seconded by David L. Smith and passed unanimously, the above amendment was approved. Upon motion made by David L. Smith, seconded by Kenneth Y. Stiles and passed unanimously, that the minutes of the Regular Meeting of August 11, 1982, the Special Meeting of August 20, 1982 and the Joint Meeting of August 24, 1982, with the City Council and the Service Authority, be approved as amended. Mr. Stiles stated that he was abstaining from the Joint Meeting inasmuch as he was not present at this meeting. ENDORSEMENT OF STATE GRANT FUNDS FOR THE COUNCIL ON DOMESTIC VIOLENCE - APPROVED Mrs. Kathleen Schneider appeared before the Board on behalf of this Council. Mrs. Schneider stated that the Council is currently preparing a Grant proposal to be submitted to the Department of Social Services of the Commonwealth of Virginia. She stated that one stipulation of the Grant is 652 that letters be attached demonstrating that the proposal will have the support and cooperation of other agencies (public and private) in the Commonwealth. Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, that the Board of Supervisors send a letter of support to the proper Authority supporting the Shelter of The Council on Domestic Violence. LONG TERM CARE SERVICES - TABLED The Board received a letter from the Governor requesting that the Board name a lead agency for Long Term Care Services within the County. Mr. Stiles suggested that this be tabled until a full report was forth- coming from the Area Agency on Aging. Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, that the request for Long Term Care Services be tabled. RESOLUTION ENDORSING ACTION BY THE BUREAU OF ALCOHOL TOBACCO AND FIREARMS THAT WOULD DESIGNATE AREAS IN VIRGINIA AND WEST VIRGINIA AS THE SHENANDOAH VALLEY VITICULTURAL AREA - APPROVED Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, that the following resolution be approved: WHEREAS, the County of Frederick, Virginia is currently a member of the Lord Fairfax Planning District Commission; and, WHEREAS, the County of Frederick, Virginia would be part of the proposed Shenandoah Valley Viticultural Area; and, WHEREAS, the Board of Supervisors have reviewed the resolution passed by the Lord Fairfax Planning District Commission at their meeting on September 9, 1982 in support of the application to the Federal Bureau of Alcohol, Tobacco and Firearms. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia wholeheartedly endorse the above referenced resolution. OLD BUSINESS Mr. Smith stated that several months ago the Board had approved a site plan for a go -cart track on Route 11 South for Mr. Horton. Fie further stated that it had been brought to his attention that a flea market was also being operated at this same location and he felt this should be brought back before the Planning Commission. Mr. Stiles stated that he recalled the flea market being discussed when the site plan was applied for and that the flea market would be conducted seven to eight months out of the year. Mr. Horne stated this was allowed in this particular zoning and that the Board had approved this site plan. He stated he would discuss this with Mr. 653 Horton and decide if some sort of screening could be erected and that he would notify the Board Members of the outcome of his discussion with Mr. Horton. JUDICIAL CENTER INTERIOR DESIGN - APPROVED Upon motion made by Rhoda W. Maddox, seconded by William H. Baker and passed unanimously, that the contract be accepted for interior design of the Joint Court Facilities. A maximum of $40,000 was placed on this fee with the County's share being a maximum of $20,000. DISCUSSION OF REGIONAL WASTEWATER SEWER PLANT Mr. Koontz stated that the Ad -Hoc Committee had made the following recommendation: 1. The Board of Supervisors declined to ratify at this time a resolution supporting any form of a proposed Regional Wastewater Treatment Plant. 2. The Supervisors will also consider withdrawing from the Regional Frederick- Winchester Authority unless the City of Winchester makes some concessions over user rates. 3. The Supervisors authorized its Attorney to review its joint contracts with Winchester over use of the Landfill and Jail. 4. The County declared that it will pursue all Legal avenues to protect its interest. Mr. Stiles requested that all correspondence concerning discussion on the proposed Regional Wastewater Plant by the Ad -Hoc Committee be made part of permanent record. September 9, 1982 Mr. Wendell L. Seldon Winchester City Manager Rouss City Hall Winchester, Virginia 22601 Dear Wendell: The Frederick County Board of Supervisors, meeting in Regular Session on Wednesday, September 8, 1982, appointed a committee consisting of four board members to meet with a committee of the City Council to discuss regional sewer problems. 1 would request that this meeting be arranged as soon as possible. With best personal regards, I remain, Sincerely yours, /s/ S. Roger Koontz (akk) S. Roger Koontz, Chairman Frederick County Board of Supervisors SRK:akk September 10, 1982 Mr. S. Roger Koontz, Chairman Frederick County Board of Supervisors 9 Court Square Winchester, Virginia 22601 5 4 1 . Dear Roger: Your requests of September 7, 1982 and September 9, 1982 have been received by the Utilities Committee and the following is presented: The committee will not recommend to Council that existing County customers served by the City be turned over to the Sanitation Authority. The committee sees this request as a form of City subsidization, since there is no proposed reimbursement for the City's capital assets in the affected areas. The City is strongly opposed to any subsidization, particularly when the facts show the County should accept the regional concept on its own merit. The City is further concerned that those customers you propose to transfer (1400 -1500 in number) have not been advised that said transfer to the Sanitation Authority will result in a much higher bill than if they stay on the City system. It must be remembered that the City accepted the County customers in good faith and in accordance with the City's rate structure. The City therefore would need to obtain the opinion of those County customers before consideration of any transfer to the Sanitation Authority. The committee will also not recommend going completely regional. This was not a function of the FWSA as outlined in the 1974 concurrent resolution, and is therefore not a point for consider- ation. In response to your request for a joint meeting with a committee of City Council, be advised that we will forward same to Mr. William Mote, President of Council. We will advise you of Mr. Mote's decision as soon as possible. With best regards, I am Sincerely, Wendell Wendell L. Seldon City Manager WLS:rs cc: Mr. William PA. Mote President of Council Mr. Richard D. Kern Chairman, Utilities Committee Mr. James W. Givens Public Utilities Director September 14, 1982 Mr. Wendell Seldon City Manager City of Winchester Rouss City Hall Winchester, Virginia 22601 Dear Wendell: Thank you for your letter to me received on Monday, September 13, 1982. take acceptance to some of the points you made, but it can serve as a point of discussion. I want you and City Council to understand the concerns of County Officials. If the County becomes a party to the Regional Authority without any conditions as it now stands, and if the County were to allow the City to 6% build a Regional Plant in the County, several very harmful effects could accrue to County citizens: 1. Without a Memorandum of Understanding between the City and County coverning future connections, all future connections, Industrial and Residential South of the City, and several other areas could be City customers and subject to extra charges for the use of sewer and water while, at the same time through taxes they would be helping to pay for the Authority 2. Areas served by the City would be prime areas for annexation when that time arrives. 3. New customers that would not be served by the County because of the parallel law would be served by the City and subject to extra costs for services mainly because they lived in the County. 4. Future growth of Frederick County would be dictated by the City through the use of services. 5. If the City were allowed to build a Regional Plant alone in Frederick County then all Frederick County citizens using sewer and water would be subject to whatever payments the City wanted to charge. It is my understanding that the right of a City to charge County customers extra has been upheld in Court. cannot as the elected Chairman of the Board of Supervisors of Frederick County allow Federal Grant Money to be used against the people of one jurisdiction for the benefit of another, and 1 will, if necessary use all remedial benefits as provided by law. At the combined work session of the Board of Supervisors, Planning Commission and Sanitation Authority held on Monday, September 13, 1982 the participants generally agreed to the following conditions and options: 1. That we would continue to work with City officials to resolve any differences. 2. That the County consider going completely Regional with the City with the Frederick - Winchester Service Authority (FWSA) handling and billing all customers on actual cost. 3. That Frederick County go Regional with the City provided that the 466 customers East of Route 81 and North on Route 11 be turned over to the County, and that all other County customers on City services be charged the same as other customers. 4. That the Plant be built on the Opequon and make the services available to all customers of the jurisdictions. (Preliminary work on this concept is not a great deal more expensive than upgrade with expansion of our plant.) These are not meant to be threats, and 1 have nothing but the highest regards for City Officials and staff, however we must consider that the County Government's primary responsibility is to County Citizens. Last night I appointed Mr. Jim Diehl and Mr. Frank Brumback to a Board Committee of four members to meet with City representatives. I hope this might be possible. Sincerely, /s/ S. Roger Koontz S. Roger Koontz Chairman Frederick County Board of Supervisors SRK:ctb 656 cc - 5 September 24, 1982 Mr. Richard D. Kern Winchester City Council Chairman, Ad Hoc Committee 504 Courtfield Avenue Winchester, Virginia 22601 Dear Dick: Thank you for your response in writing to the County request made at the Ad Hoc Committee meeting on September 17, 1982. Through the Regional Service Authority, Frederick County paid for and participated in the regional approach to sewer and it is still our inten- tion to go in this direction. I do not believe the County requests were, or are unreasonable and certainly there must be some grounds betwen us where we can come to terms. The County remains open to discussion, however we realize, like the City, that time is of the essence and the need for an intermunicipal agreement is necessary to qualify for construction grant money for the plant. 1 hope further consideration can be given to our differences. Sincerely yours, /s/ S. Roger Koontz S. Roger Koontz Chairman Frederick County Board of Supervisors SRK:akk cc - Wendell L. Seldon - Kenneth Snow - John Kennedy Mr. Smith stated that the City feels that they have been doing us a favor by charging us double and if it weren't for the County customers they would have this space available to give to City customers. He further stated that he had contacted a number of residents within his District concerning this matter and those that were aware of the situation expressed to him that they wanted the most reasonable solution, but no tax increase with the present economy being what it is and further, they did not feel it would be fair for the people of Gainesboro and Back Creek Districts to have to subsidize this system. Mr. Baker asked if the Red Bud plant would become inoperable if the County does go regional and what happens to the customers presently on this system. He asked how much of the 15% capacity of the new plant will these present customers be using. Mr. Stiles replied approximately 12 %. Mr. Stiles further stated that as the regional plant is presently proposed he could not support it and further as the proposal now stands it is all for the City and none for the County. He 657 further stated that with the proposal the County Ad -Hoc Committee had made, which he thought was very reasonable, he could not understand why the County was not getting any better response. Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, that the statement made earlier by Mr. Koontz be sent to the City for their reply. BUSINESS OF THE PLANNING COMMISSION: REQUEST FOR ADDITION TO SECONDARY SYSTEM Mr. Horne stated that he had received a request from Mrs. Orpha Martin requesting that a street, Martin Drive, off Valley Mill Road, be taken into the Secondary System as a rural addition. Mr. Bushman, of the Virginia Department of Highways, has informed Mr. Horne that Road Viewers will have to make a recommendation on this request. Mr. Horne stated that in researching the Board minutes, the Road Viewers were last appointed in 1977. Mr. Bushman requested that the Board reappoint a group of Road Viewers and have them sworn in prior to taking action on this request. Road Viewers appointed in 1977 were Elmer Lauck, Gainesboro District; Fred Gore, Opequon District; Lewis Lamp, Shawnee District; Arthur Bragg, Stonewall District and Paul Richards, Back Creek District. The Board will make these reappointments at the October 13, 1982 Board Meeting. Mr. Owings requested that Mr. Horne find out the status of Massie Drive in Stephens City as this had not been completed and that a formal request had been made to the Highway Department about four years ago. REZONING REQUEST #008 -82 - ELDON LI NDSEY - APPROVED Mr. Horne presented this rezoning request and stated that the Planning Commission unanimously recommended approval. Mr. Ben Butler, Attorney, appeared before the Board on behalf of the Petitioner. Upon motion made by Will L. Owings, seconded by William H. Baker and passed unanimously, that rezoning request #008 -82 of Eldon Lindsey to rezone 21.549 acres from A -2 to B -2 for an Office Park, in Opequon Magisterial District, be approved. ORDINANCE AMENDMENT REQUEST FOR ACCESSORY RESIDENTIAL USES IN INDUSTRIAL ZONES - WITHDRAWN Mr. Horne stated that his Office had received a request from Mr. Gilpin withdrawing this ordinance amendment. 658 AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER ZONI NG TO AMEND ARTICLE I SECTI ON 21 -1 - APPROVED Upon motion made Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, the following ordinance amendment was approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, TO AMEND ARTICLE I, SECTION 21 -1, BY THE DELETION OF HOME OCCUPATION- ACCESSORY STRUCTURE (AGRICULTURAL), HOME OCCUPATION - AGRICULTURAL, AND HOME OCCUPATION - RESIDENTIAL ANI BY THE ADDITION OF THE FOLLOWING: Home Occupation - an occupation or profession customarily carried on in a dwelling unit, which: a) actually is carried on wholly within the principle building or structure, and b) is carried on by members of the family residing on the premises; and c) is clearly incidental and secondary to the use of the dwelling unit for residential purposes with no exterior display, no exterior storage of materials, and no exterior indication of the home occupation or variation from the residential character of the principle building and neighbor- hood; and d) produces no offensive noise, vibrations, smoke, dust, heat, odor, glare, traffic hazard or congestion, and does not adversely effect the surrounding properties; and e) that the home occupation would not require any internal or external alterations or construction features or equipment or machinery not customary in residential areas. Cottage Occupation - an occupation or profession customarily carried on in a dwelling unit or an accessory building; which a) actually is carried on wholly within the principle building or structure or an accessory building or structure; and b) is carried on by no more than one ( 1) person other than members of the family residing on the premises; and c) is clearly incidental and secondary to the use of the dwelling unit for residential purposes. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER ZONING, TO AMEND ARTICLE 111, SECTION 21 -16 (L) AND (V) AND ARTICLE IV, SECTION 21 -26 (L) AND (X) - APPROVED Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, the following ordinance amendment was approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, TO AMEND ARTICLE III, SECTION 21 -26 (L) AND (V) AND ARTICLE IV, SECTION 21 -26 (L) AND (X) BY THE DELETION OF THOSE SECTIONS AND THE SUBSTITUTION OF THE FOLLOWING: (L) (L) Home occupation, as defined. (V) (7), (X) (19) Cottage occupation, as defined. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE CHAPTER 21, ZONING, TO AMEND ARTI CLE V SECTION 21 -36 (L) AND (M) _ ARTICLE VI, SECTION 21 -44 (c) and (L) AND ARTICLE VII SECTI 21 -51 (i) and (p) - APPROVED Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, the following ordinance amendment was approved: 659 AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, TO AMEND ARTICLE V, SECTION 21 -36 (L) AND (M), ARTICLE VI, SECTION 21 -44 (c) AND (L), AND ARTICLE VII, SECTION 21 -51 (1) AND (p) BY THE DELETION OF THOSE SECTIONS AND THE SUBSTITUTION OF THE FOLLOWING: (L) (C) (i) Home occupation, as defined. (p) Cottage occupation, as defined, with a conditional use permit. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE CHAP 21, ZONING, TO AMEND ARTICLE IX, SECTION 21 -78 AND ARTI CL 10, SECTION 21 -90 - APPROVED Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, the following ordinance amendment was approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, TO AMEND ARTICLE IX, SECTION 21 -78 BY THE ADDITION OF (d) AND (e) AND ARTICLE 10, SECTION 21 -90 BY THE ADDITION OF (p) and (q) as follows: (d) Home occupations, as defined. (e) Cottage occupations, as defined and with a conditional use permit. (p) Home occupations, as defined. (q) Cottage occupations, as defined and with a conditional use permit. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE CHAPTER 21, ZONING, TO AMEND ARTICLE 1, SECTION 21 -1 - APPROVED Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, the following ordinance amendment was approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, TO AMEND ARTICLE I, SECTION 21 -1, GARAGE, PUBLIC AS FOLLOWS AND BY THE ADDITION OF GARAGE, BODY REPAIR AS FOLLOWS: Garage, Public - A building or portion thereof other than a private garage, designed or used for servicing, repairing, or equipping motor - driven vehicles, but not including spray - painting, body or fender repair, service stations or auto sales or service. Garage, Body Repair - A building or portion thereof, other than a private garage or public garage, designed or used for body or fender repair or spray painting. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 2 ZONING TO AMEND ARTICLE III SECTION 21 -26 (v) AND ARTICLE IV. SECTION 21 -26 (X) - APPROVED Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, the following ordinance amendment was approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, TO AMEND ARTICLE III, SECTION 21 -16 (v) BY THE ADDITION OF (11) AND ARTICLE IV, SECTION 21 -26 (X) BY THE ADDITION OF (23) AS FOLLOWS: (11) (23) Garage, Body Repair - Provided that the following conditions are met: - All repair work shall take place entirely within an enclosed structure. 660 - All exterior storage of parts and equipment shall be screened from view of surrounding properties by a solid artificial or compact natural screen of at least five (5) feet in height, which shall be adequately maintained as long as such exterior storage is continued. - The Planning Commission or Board of Supervisors may require additional screening where it deems necessary to protect surrounding properties. - The Planning Commission and Board of Supervisors shall determine that the proposed use will minimize adverse effects on surrounding properties. Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, that the above (third paragraph) be amended to read: - The Planning Commission and Board of Supervisors may require additional screening where it deems necessary to protect surrounding properties. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE CHAPTER 21 ZONING, TO AMEND ARTICLE I SECTION 21 -1 - APPROVED Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, the following ordinance amendment was approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, TO AMEND ARTICLE I, SECTION 21 -1 BY THE ADDITION OF THE FOLLOWING: Sawmills and Planing Mills, Type A - A mill located on a single parcel of land used for the sawing or processing of standing trees or their wood (timber) harvested only from that parcel or only from parcels of land immediately continguous and adjacent thereto. Sawmills and Planing Mills, Type B - A mill for sawing or processing of standing trees or their wood (timber). AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE CHAPTER 21, ZONING, TO AMEND ARTICLE III SECTION 21 -16 (j) AND (v) AND A RTICLE IV, SECTION 21 -26 - APPROVED Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, the following ordinance amendment was approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, TO AMEND ARTICLE III, SECTION 21 -16 (j) AND (v) BY THE ADDITION OF (12); ARTICLE IV, SECTION 21 -26 BY THE ADDITION OF (aa) and (x) (24) as follows: (j) Sawmills and Planing Mills, Type A (v) (12) Sawmills and Planing Mills, Type B (aa) Sawmills and Planing Mills, Type A (x) (24) Sawmills and Planing Mills, Type B AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE CHAPTER 21, ZONING_ TO AMEND ARTICI F VII ¢FrTInN 91 - [9 - TADI cn Upon motion made by Will L. Owings, seconded by William H. Baker and passed unanimously, the above ordinance amendment was tabled and referred b to the Planning Commission for further study. ANIh1AL CARE COMMITTEE REPORT AND RECOMMENDATIONS 661. Mr. David Smith presented the following Committee Report and Recommenda- tions: The Animal Care Committee met on September 7, 1982 with all members present. Wally Clubb was also present at the meeting. The Committee makes the following report and recommendation: The Committee studied Sections 5 -14 and 5 -29 of the Frederick County Code dealing with dogs running at large and the inoculation for rabies as reworded by the Commonwealth's Attorney. Minor changes were made. The amended sections are attached. It is recommended that the sections be accepted for first and second readings and advertisement made for public hearing. AN ORDINANCE TO AMEND CHAPTER 5, ANIMALS AND FOWL, SECTIONS 5 -14 (RUNNING AT LARGE - PROHIBITED) AND 5 -29 (EVIDENCE SHOWING INOCULATIONS FOR RABIES PREREQUISITE TO OBTAINING DOG LICENSE). BE IT ORDAINED by the Frederick County Board of Supervisors that the following sections of the Frederick County Code are hereby amended as follows: Section 5 -14 RUNNING AT LARGE - PROHIBITED It shall be unlawful to permit any dog to run at large within the County at any time during the year. Any person who permits his dog to run at large, or remain unconfined, unrestricted, or not penned up shall be deemed to have violated the provisions of this section. It shall be the duty of the Animal Control Officer and Assistant Animal Control Officer to cause all dogs found running at large in violation of this section to be caught and penned up in the County dog kennel. In any prosecution under this section, the fact that such dog was running at large, if proven, shall be prima facie evidence that such owner permitted such dog to run at large if such owner had previously been notified, by Animal Control Officer and /or the Assistant Animal Control Officer, in writing that such dog had, prior to the giving of such notice, been running at large. Section 5 -29 EVIDENCE SHOWING INOCULATION FOR RABIES PREREQUISITE TO OBTAINING DOG LICENSE No license tag shall be issued by the Treasurer for any dog unless there is presented to the Treasurer or other Officer of this County charged by law with the duty of issuing license tags for dogs at the time application for license is made, evidence satisfactory to such Official showing that such dog has been inoculated or vaccinated against rabies by a licensed veterinarian and that such inoculation or vaccination shall be effective. 662 It shall be unlawful for any person to own, keep, hold, or harbor any dog over age six (6) months unless such dog shall have been inoculated or vacci- nated with a type of rabies vaccine which is approved by the U.S. Department of Agriculture and which inoculation or vaccination remains currently effec- tive as certified by the veterinarian so inoculating or vaccinating such dog. The Board felt that the words, "by Animal Control Officer and /or the Assistant Animal Control Officer ", needs to be inserted after the word notified in the next to last line of Section 5 -14 of this ordinance. In section 5 -29 Mr. Stiles stated that he felt it should be stated that the Animal Control Officer is the one to enforce this Ordinance. Upon motion made by David L. Smith, seconded by Rhoda W. Maddox and passed unanimously, that the appropriate changes be made and advertised for public hearing. CODE AND ENGINEERING REPORT AND RECOMMENDATIONS Mr. Owings presented the following Committee Report and Recommendations: The Code and Engineering Committee met on September 14, 1982 with all members present. Also present were Eddie Wright and John Dennison. The Committee makes the following report and recommendation: Refuse Pick -Up Contract The bids for the County refuse collection contract were opened at 10:00 A.M., September 10, 1982. The responses are included as enclosures. The Committee recommends that the 3 year bid from Browning- Ferris Industries (BFI) be accepted with the following modification: The "Save- Harmless Clause" be reworded to the mutual satisfaction of both the County and BFI as recommended by the office of the Commonwealth's Attorney. The Board discussed the Save - Harmless Clause and whether this meant this contract would have to be put to bid again because of this change. The Board felt the Commonwealth's Attorney should review this and if he felt it would have no bearing on the contract then the refuse pick -up contract with BFI would be accepted as presented. Upon motion made by Will L. Owings, seconded by Rhoda W. Maddox and passed unanimously, that the following contract with BFI be approved if the okay is given by the Commonwealth's Attorney regarding the Save - Harmless Clause. The following letter was received from the Commonwealth's Attorney on September 25, 1982 with reference to the above: September 24, 1982 663 Robert Harriman, Director Public Works Department Frederick County P. O. Box 601 9 Court Square Winchester, Virginia 22601 Re: Bids for Refuse Collection Dear Bob: In my opinion, Browning- Ferris, Inc.'s letter to the Frederick County Director of Finance, dated September 10, 1982 does not materially alter the County's proposed contract contained in the information provided to potential bidders for refuse collection. Therefore, it would be proper to accept Browning- Ferris, Inc.'s bid proposal if the County is agreeable with the provisions thereof. If you have any further questions regarding this matter, please do not hesitate to contact me. Sincerely yours, /s/ Larry Lawrence R. Ambrogi, Commonwealth's Attorney for Frederick County, Virginia LRA /acr PROVISION FOR INCREASE OR DECREASE COST The fees for hauling (Does not include equipment charge which will remain fixed through the term of the contract) which may be charged by the Contractor for the second twelve month period of the Contract shall be adjusted upward or downward to reflect reasonable changes in the cost of operations, as reflected by fluctuations in the Consumer Price Index for Urban Wage Earners and Clerical Workers (All Items) and the Consumer Price Index for Urban Wage Earners and Clerical Workers, Expenditures Category "Gasoline ", both as published by the U.S. Department of Labor Bureau of Labor Statistics. As of the last month of the first twelve month period of the Contract and every twelve months thereafter (the "Rate Modification Date "), the fees shall be increased or decreased for the ensuing twelve month period in a percentage amount equal to 90 percent of the net percen- tage change of the All Items Index plus 10 percent of the net percentage change of the Gasoline Index. All percentage changes are to be computed as the difference between the index value for the first full month prior to the commencement of the Contract. As soon as possible after a Rate Modification Date, Contractor shall send to the County a comparative statement setting out for both the All Items Index and the Gasoline Index (i) the index value on the first full month prior to the commencement of the Contract; (ii) the index value on the Rate Modification Date preceding the date of the statement; (iii) the net percentage changes; (iv) the composite percentage change equal to 90 percent of the net percentage change in the All Items Index plus 10 percent of the net percentage change in the Gasoline Index; and (v) the increase or decrease in the fees which may be charged by the Contractor. On the next billing date after the receipt of the comparative statement, the County shall pay to the Contractor or the Contractor shall credit to the County, as the case may be, a lump sum equal to any increase or decrease applicable to that portion of the current period which has elapsed and, thereafter, the fees charged by the Contractor shall be modified to reflect any change until a different comparative statement is received by the County. l n addition to the above, the Contractor may petition the County at any time for additional adjustments on the basis of unusual changes in its cost of operation, such as revised laws, ordinances, or regulations; and other reasons. Prior to any such additional adjustment taking effect, such additional adjustments must be agreed to by the County. BFI INFORMATION 66,1,, Discussion of additional paragraph, Section 6 -27 PROVISION FOR INCREASE OR DECREASE IN COST OF OPERATIONS Following data is presented to describe the recommendation by BFI for cost adjustment: If the "Rate Modification Date" were established as July, 1981, the following would apply: Contract Start: August 1981 Cost: $183,731 (Cost for Aug 81 -Aug 82) Jul 81 CPI - 274.6 Jul 82 CPI - 291.8 6.3% Increase Jul 82 Gas - 414.0 Jul 82 Gas - 401.6 - 3.0% Decrease 90% of +6.3% = 5.67% 10% of -3.0% = -.3 5.37 % Therefore, cost for next 12 months starting August would be: 183,731 25,015 Equipment Cost $158,716 $158,716 x 5.37% = $8,523.05 Therefore, total second yer cost would be: 158,716 25,015 _ 8,523.05 $192,254.05 BASIC REFUSE COLLECTION PROPOSAL Collection Service as stated in General Specifications, Special Provisions and Information to Bidders. PART A: Public Transfer Stations TOTAL COST LOCATION *Bryarly School (Albin- Rt.679) *Round Hill (Rt. 803) *Clearbrook Park *Rt. 11 Truck Scales (S. of Stephens City) $ 5,562 Rt. 603, Star Tannery Comm. Center $ Rt. 628 (Mdle. (Road near Rt. 629 (Relief) $ 1 - 42 $ 64.00 3.5 x wk $ 17,210 S 2 - 8 $ 8.00 3 x wk $ 2,497 5 - 8 J $ 6.87 7 x wk $ 12,500 #CONTAINERS/ PER YEAR EQUIP CHARGE UNIT COST SIZE @ MINIMUM PER YEAR PER PULL FREQ. OF PULL SERVICE 1 - 42 $ 5,562 $ 54.00 6 x wk $ 22,410 1 - 42 $ 5,562 $ 69.00 1 x wk $ 9,150 1 - 42 $ 5,562 $ 55.00 3.5 x wk $ 15,572 *Rt. 11 Truck Scales (S. of Stephens City) $ 5,562 Rt. 603, Star Tannery Comm. Center $ Rt. 628 (Mdle. (Road near Rt. 629 (Relief) $ 1 - 42 $ 64.00 3.5 x wk $ 17,210 S 2 - 8 $ 8.00 3 x wk $ 2,497 5 - 8 J $ 6.87 7 x wk $ 12,500 6651 Rt. 600 (h1tn. Falls Comm. $ Center) $ Rt. 608 (Mt. $ Williams) $ Rt. 613 2,497 (Shawneeland) $ Rt. 853 (Gore) 3 South) $ Rt. 522 (Gainesboro) $ Rt. 522 and Rt. 696 (Midway) $ Rt. 735 (near wk Rt. 636, Coin - 2,497 ers Auction) $ Armel (Rt. 522 3 South) $ Entrance to $ 7.37 Landfill $ 2,767 * Indicates Compactor Sites PART B - School Sites LOCATION UNIT COST PER PULL *James Wood (Amherst) $ 8.00 *James Wood (Apple Pie Ridge) $ 8.00 *Frederick County Junior High $ 9.00 *R. E. Aylor Jr. High $ 9.90 *Apple Pie Ridge Elementary $ 9.90 *Bass Hoover Elementary $ 9.90 *Senseny Road Elementary $ 9.90 *Robinson Elementary *Stonewall Elementary *Middletown Elementary *Gainesboro Elementary $ 9.90 $ 9.90 $ 8.73 $ 8.73 2 - 8 -s #CONTAINERS/ $ 8.00 3 x wk $ 2,497 2 - 8 3 - 8 x wk $ 7.37 3 x wk $ 3,450 x wk 4 - 8 S - 8 $ 7.06 7 x wk $ 10,276 - 8 5 - 8 S x wk $ 6.87 7 x wk $ 12,500 x wk 5 - 8 S - 8 $ 6.87 7 x wk $ 12,500 - 8 2 - 8 wk $ 1,544 $ 8.00 4 x wk $ 3,329 wk $ 1,544 1 - 8 3 - 8 x wk $ 7.37 4 x wk $ 4,601 x wk 5 - 8 S - 4 $ 6.87 7 x wk $ 12,500 2 - 40 ' $ 13.00 6 x wk $ 10,879 TOTAL: $151,871 * Indicates Compactor Sites PART B - School Sites LOCATION UNIT COST PER PULL *James Wood (Amherst) $ 8.00 *James Wood (Apple Pie Ridge) $ 8.00 *Frederick County Junior High $ 9.00 *R. E. Aylor Jr. High $ 9.90 *Apple Pie Ridge Elementary $ 9.90 *Bass Hoover Elementary $ 9.90 *Senseny Road Elementary $ 9.90 *Robinson Elementary *Stonewall Elementary *Middletown Elementary *Gainesboro Elementary $ 9.90 $ 9.90 $ 8.73 $ 8.73 TOTAL COST #CONTAINERS/ PER YEAR SIZE @ MINIMUM FREQ. OF PULL SERVICE 2 - 8 5 x wk $ 4,162 2 - 8 5 x wk $ 4,162 1 - 8 5 x wk $ 2,573 1 - 8 5 x wk $ 2,573 1 - 8 3 x wk $ 1,544 1 - 8 3 x wk $ 1,544 1 - 8 3 x wk $ 1,544 1 - 8 3 x wk $ 1,544 1 - 8 3 x wk $ 1,544 1 - 4 2 x wk $ 908 1 - 4 2 x wk $ 908 Gore Elementary Bus Shop Maintenance Shop Dowell J. Howard Smithfield Improvement Center Clearbrook Park Sherando Park 1 - 4 $ 8.73 2 x wk $ 908 1 - 4 $ 8.73 2 x wk $ 908 1 - 4 $ 8.73 2 x wk $ 908 1 - 8 $ 9.90 3 x wk $ 1,544 1 - 4 $ 8.73 2 x wk $ 908 TOTAL: $ 28,182 PART C - County Facilities TOTAL COST PER YEAR UNIT COST p Nil NI MUM PER PULL SERVICE 4 - 4 S $ 5.89 1 x wk $ 1,226 4 - 4 $ 5.89 2 x wk $ 2,452 TOTAL: $ 3,678 PART A /B /C TOTAL: $183,731 LAW ENFORCEMENT COMMITTEE REPORT AND RECOMMENDATIONS Mrs. Maddox presented the following Committee Report and Recommenda- tions: The Law Enforcement and Courts Committee met on 7 September and 15 September with all members present. Also present at the 7 September meeting were Sheriff Roscoe Bruce and Assistant Commonwealth's Attorney Glenn Williamson. Present at the 15 September meeting was Director of Court Services Chuck Poe. The Committee makes the following report and recommen- dations: Nuisance Ordinance The Committee reviewed the present County Nuisance Ordinance and after much discussion it was their consensus, and the Commonwealth's Attorney agreed, that the ordinance not be amended at this time. Resolution - CDI Program The Committee discussed the present CDI Program with Mr. Poe and requested that he draw up a resolution addressing the CDI Program as it pertains to Frederick County defendants and their exclusion from the program if certain offenses have been committed. Regular Meeting Date Established for Committee Meetings 667 The Committee established the first Tuesday of each month, at 11:30 A.M., as their time for monthly meetings. FINANCE COMMITTEE REPORT AND RECOMMENDATIONS Mr. Baker presented the following Committee Report and Recommenda- tions: The Finance Committee met on September 14, 1982 with all members present. The Committee makes the following report and recommendations: Stephens City Fire Department Request for Funds Two representatives from the Stephens City Fire Department requested $25,000.00 from the County to aid in the purchase of a new pumper which the Fire Department has ordered. In lieu of the possible revenue shortfall this year it is recommended that the request be denied. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above recommendation was approved. Discussion of CIP Recommendation from the Planning Commission The Planning and Development Director informed the Committee of the procedures used in establishing the list of priorities and answered questions tendered by Committee members. It was the consensus of the Committee that the Finance Director should contact Steve Jacobs, the Consultant working on the CIP Project, and provide to him updated financial data and information. The Consultant will be asked to use the additional information to formulate alternative fiscal policies for financing capital outlay programs and to have the suggested policies ready for review at the next meeting of the Committee. Reassessment Extension The Commissioner of the Revenue contacted the State Department of Taxation and determined that a resolution from the Board of Supervisors is all that is necessary to obtain a two -year extension on the reassessment. The Committee recommends that a resolution requesting a two -year extension on the reassessment of land in Frederick County be forwarded to the State Department of Taxation. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above recommendation was approved. Business License Tax The Finance Director reported that the requested information had been received from the Commissioner of the Revenue. The Commissioner provided 668 7 information which indicated that there is a movement at the State level to abolish the Merchants Capital Tax which would mean a loss of revenue to Frederick County of approximately $150,000.00 and that the gross sales of County businesses, not including Corporations, last year were $44,379,400.65. The Finance Director was requested to continue gathering information so that a recommendation and /or proposed ordinance could be made to the Board of Supervisors in November. Parks and Recreation Donations to Accrue Interest The Parks and Recreation Commission requested that donations received by the Parks and Recreation Department be set aside in a revenue line item, that interest be earned on these funds and that the funds be carried forward each year to be used for the betterment of the parks facilities. The Committee recommends that the donations revenue be allowed to earn interest at the same rate as applied to recreation impact fees. The Committee further recommends that projects funded from these funds be approved by the Board of Supervisors, and that any funds remaining at the end of the fiscal year be requested to be carried forward along with other funds or unspent appropriations. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above recommendation was approved. Request for Collection Fee on Delinquent Taxes The Finance Director presented an invoice from the office of the Commonwealth's Attorney in the amount of $3,517.79 which represents 5% of the delinquent taxes collected as a result of legal action from the period April 1, 1981 thru August 31, 1982. The Committee recommends approval for payment. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above recommendation was approved. School Request for Vehicle A letter was received from the School Superintendent requesting that the Board of Supervisors transfer the ownership of a 1976 Pontiac to the Frederick County School Board. The Committee recommends approval. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above recommendation was approved. Appropriation Transfers Public Services Director requests a $50.00 transfer within the Landfill Fund to purchase an additional first aid kit. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above request was approved. Sheriffs Department requests a $498.00 transfer from the contingency account to purchase an air conditioner for the Jail. This would replace a nine year old unit that is no longer in working condition. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above request was approved. Budget Adjustment Parks and Recreation requests budget adjustment in the amount of $75.00 to replace a chain saw that was stolen. The above has been received from our insurance company. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above request was approved. It is requested that Litter Control Grant Funds on hand at June 30, 1982, in the amount of $2,447.88, be carried forward for use in the 1982 -83 fiscal year. These are State Funds and cannot be used for any other purpose. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above request was approved. CLARIFICATION OF SCHOOL BOARD RESOLUTION OF JUNE 23, 1982 3OARD MEET1 NG L BOARD BUDGET The Board discussed the School Board resolution approved at the Board of Supervisors Meeting on June 23, 1982. Some of the members felt the resolution was not clear. Mr. Hott, School Board Member, stated that the School Board had discussed the resolution in question and they too felt it was unclear. Mr. Stiles stated that he understood what the Board's intent was and he felt that they should stand by the resolution passed on June 23, 1982. Mr. Baker stated that he felt the wording is extremely misleading and that he was willing to take part of the blame. Upon motion made by Will L. Owings and seconded by William H. Baker, to accept the amended School Board resolution in the amount of $74,473.78 for the 1982 -83 fiscal year. The above resolution was denied by the following recorded vote: Aye - Will L. Owings, William H. Baker and S. Roger Koontz. Nay - Kenneth Y. Stiles, David L. Smith and Rhoda W. Maddox. The Board recesses. SCHOOL BOARD RESOLUTION - APPROVED i Mr. Stiles stated that in light of all the confusion over the School Board resolution discussed earlier, and the fact that Dr. Walker was trying to cooperate with the Board of Supervisors, he would change his vote on the following resolution: Upon motion made by Will L. Owings, seconded by William H. Baker and passed unanimously, that the resolution passed at the Regular Board Meeting on June 23, 1982 be amended to read as follows: That the balance of unused local funds in the 1981 -82 School Budget be allocated as follows for the 1982 -83 fiscal year: $30,000.00 - added to the 1982 -83 operational budget. $26,473.78 - added to the operational budget for purchases of school buses. $18,000.00 - To be transferred to the School Construction Fund to replace the money borrowed for the repair at Apple Pie Ridge Elementary School last year. The total of these unused funds is $74,473.78. PERSONNEL COMMITTEE REPORT AND RECOMMENDATIONS Mr. Baker presented the following Committee Report and Recommenda tions: The Personnel Committee met on Wednesday, September 15, 1982 and submits the following report and recommendations: Proposed Formation of Fire and Rescue Committee The Committee reports that to date we have received two responses from fire companies regarding the proposed formation of a Fire and Rescue Committee. A follow -up letter has been sent to the companies who have not responded and the Committee will report the results to the Board in October. Merit Evaluation Certifications The merit evaluations conducted during the month of August were certified. The Committee notes that the evaluation process during the first portion of this second round proceeded very smoothly and efficiently with all departments submitting completed evaluations on or before the deadline. A full report will be presented to the Board when the second round is completed. Commissioner of Revenue Request for Title Change in Schematic List of Classes The Committee reviewed a request from the Commissioner of Revenue to change the title of Deputy Commissioner of Revenue /Real Estate Assessor to Director of Real Estate Appraisal /Chief Appraiser inasmuch as this position 671 is not that of a sworn deputy and further the requested title more accurately describes the duties of the job. This title change would not involve a range or salary change. The Committee therefore recommends approval of this request. Upon motion made by William H. Baker, seconded by David L. Smith and passed unanimously, the above recommendation was approved. Division of Court Services Request for Adjusted Work Schedule /Overtime Pay The Committee reviewed a request from the Division of Court Services regarding the high rate of turn over of detox aides in the Division of Court Services. The Director has requested that should a facility aid position be vacated, funds allocated for that position be transferred into a new line item for overtime pay and schedule adjustments made for personnel at the Detox and Work Release Centers to permit them to work additional hours, if they so wish, to maintain around - the -clock coverage. The Committee recommends approval of this request with the stipulation that funds expended for overtime pay will not exceed those budgeted for the vacant position. Upon motion made by William H. Baker, seconded by David L. Smith and passed unanimously, the above recommendation was approved. Overtime Pay for Holiday Operation at Landfill The Committee reviewed the suggestion of the Code and Engineering Committee to compensate employees at the landfill who are required to work holidays at a time and one half rate. Due to the fact that the landfill must open approximately 4 hours on holidays not observed by commercial haulers, the Committee recommends approval of this suggestion with the understanding that the landfill will be closed on holidays that are observed by commercial haulers and overtime on those days will not be permitted unless an emergency arises. Funds to cover this overtime are available within the restraints of the Public Services Department budget. Upon motion made by William H. Baker, seconded by David L. Smith and passed unanimously, the above recommendation was approved. Word Processing In -House Training Program The Committee reviewed a proposal by the Administrative Assistant for Personnel to establish a word processing in -house training program. The current cost of training conducted at the Lanier Office in McLean, Virginia, including meals, lodging and travel is approximately $325.00 per person. We now have 4 individuals tentatively scheduled for training at an estimated 672 cost of $1,300.00. It has been determined that we can purchase the training manual, tape and materials for $300.00. Further, we have the equipment, facilities and personnel in -house to conduct these training programs at a substantial savings to the County. The Committee notes that if the program is successful, a proposal will be presented to the Board to upgrade the trainer /technician position to an equitable level commensurate with the increased responsibilities. The Committee recommends endorsement of this program. Upon motion made by William H. Baker, seconded by David L. Smith and passed unanimously, the above recommendation was approved. Parks and Recreation Department Request for Contract Amendment The Committee reviewed a request for contract amendments from the Parks and Recreation Department and forwards it to the Board of Supervisors for consideration. Upon motion made by William H. Baker, seconded by David L. Smith and passed unanimously, the above request for the contract amendment was approved. Review of County Administrator Applications Due to the absence of one of the Committee members the review of applications for the County Administrator's position was tabled to the next meeting of the Committee. Merit Evaluation /Probationary Evaluation Certifications Enclosed are merit evaluations, and probationary evaluations for Board certification. The three evaluations forwarded to the Board in the September 8th Agenda should also be certified. An Executive Session would be appropriate to discuss these evaluations. BOAR RETIRES INTO EXECUTIVE SESSION Upon motion made by William li. Baker, seconded by David L. Smith and passed unanimously, the Board retired into Executive Session in accordance with Virginia Code, Section 2.1 -344 (a) (1) to discuss Personnel matters. BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by Kenneth Y. Stiles, seconded by Will L. Owings and passed unanimously, the Board withdrew from Executive Session. BCaA d�E� t1aLF�f�IF �1l ON Upon motion made by Kenneth Y. Stiles, seconded by Will L. Owings and passed unanimously, the Board reconvened into Regular Session. 6731 CITIZEN MEMBER NAMED TO SERVE ON THE PERSONNEL COMMITTEE Mr. Baker placed the name of Lieutenant Colonel James L. Longerbeam in nomination for the citizen member to serve on the Personnel Committee. Mr. Stiles placed the name of Mr. Clarence Hunter in nomination to serve as the citizen member on the Personnel Committee. Upon motion made by Rhoda W. Maddox, seconded by William H. Baker and passed unanimously, the nominations were closed. The voting for the citizen member on the Personnel Committee was as follows: Lt. Col. James L. Longerbeam - William H. Baker, Rhoda W. Maddox and Will L. Owings. Mr. Clarence Hunter - Mr. David L. Smith and Kenneth Y. Stiles. Mr. Koontz abstained. Lieutenant Colonel James L. Longerbeam will be the citizen representa- tive on the Personnel Committee. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. ai an, • . • of • a Deputy Clerk, Bolarrd of Supervisors