February 06, 1980 to February 27, 1980I E
A Special Meeting of the Frederick County Board of Supervisors was held on
February 6, 1980, at 11:30 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.
WAIVER OF NOTICE OF SPECIAL MEETING
WAIVER OF NOTICE OF SPECIAL MEETING
We, the undersigned members of the Board of Supervisors of Frederick
County, Virginia, the Commonwealth Attorney and the Interim Clerk of the Board,
do hereby waive Notice of Special Meeting, to be held on Wednesday, February 6,
1980, at 11:30 A.M. in the Frederick County Board of Supervisors' Meeting Room,
9 Court Square, Winchester, Virginia, for the following purposes:
1. Meeting with the Sheriff's Department and Department of Animal Control.
2. Such other business as may come before the Board.
Signed and attested this 6th day of February 1980.
/s/ S. Roger Koontz
S. Roger Koontz
Chairman
/s/ Will L. Owings
Will L. Owings
Vice Chairman
Opequon District
/s/ William H. Baker
William H. Baker
Back Creek District
/s/ Rhoda W. Maddox
Rhoda W. Maddox
Gainesboro District
/ s/ R. Thomas Malcolm
R. Thomas Malcolm
Shawnee District
/ s/ Kenneth Y. Stiles
Kenneth Y. Stiles
Stonewall District
/ s/ Lawrence R. Ambrogi
Lawrence R. Ambrogi
Commonwealth's Attorney
ATTEST:
/s/ Stan Pangle
Interim Clerk of the Board of Supervisors
W ORK SESSION WITH SHERIFF
Sheriff Roscoe Bruce appeared before the Board and stated that he is in
the process of establishing procedures and personnel in the Sheriff's department
He stated that he has redesigned the organization and feels it will be a better
operation. He advised that he needed one additional court security officer as
soon as possible and two new police cruisers. He stated that the insurance
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funds from the two vehicles which had been totaled would be used to aid in
the purchase of these vehicles and he would use the parts from the wrecked
vehicles for repair of other vehicles fleet.
Sheriff Roscoe Bruce advised that he wanted to eliminate the matron
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personnel at the jail insofar as there is now not a need for them at that
location; that matron personnel would only be necessary at the lock -up when
a female prisoner is brought from court. He added that he had brought a
clerk matron down to the office from the jail who can perform the necessary
matron duties at the lock -up as well as clerical work, and that both secretar
in his department were also deputies.
The Sheriff advised that he had divided the County into four sections
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and would like to have four deputies on each shift; that in order to do this
it. would be necessary to hire one additional deputy to be financed in the
1980 -1981 budget. He stated that this number would still not be enough to
provide good police protection for the County but he felt he could make do
with them for the present time.
The number of hours worked by the deputies as compared with other County
employees was discussed and the Sheriff advised t the deputies must work
232 hours before they are eligible for compensatory time, and he was not
able to pay them overtime. He added that he cannot possibly give the deputies
all the compensatory time they earn but he does give them one day a month
compensatory time depending upon their workload.
Mr. Koontz stated that he felt this matter should.be addressed in the
near future.
The Sheriff advised that he had assigned Mr. Bill Thomas, Administrative
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Assistant, to be in charge of all property, evidence and confiscated weapons
and he would be the only person with a key to this area.
Mr. Bruce stated that several of the vehicles in the department would
have to be replaced inasmuch as they are nearing the maximum mileage allowed
by the State.
The Sheriff added that everything is going quite well in the department
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and morale is very high.
Mr. Micheal DeBari, Chief Jailor, stated that the windows at the jail
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are breaking away from the frames and they are experiencing problems with
the electric system in the front office.
Sheriff Bruce stated that in the fire escape at the jail is not adequate
and that a door and fire escape in the back of the building would cost be-
tween $5,000 and $10,000.
Mr. Kenneth Stiles stated that this was a very ' serious problem and
be addressed in the very near future.
Mr. Koontz thanked the Sheriff and Mr. DeBari for their reports.
WORK SESSION WITH ANIMAL CONTROL OFFICER
I �1 Mr. Harold Whitacre, Animal Control Officer, appeared before the Board
and presented a brief overview of the operation of his department stating
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that all their calls are channelled through the Sheriff's Department and they
work very closely with the surrounding jurisdictions.
Mr. Whitacre set forth the following objectives for his department in
the future:
1. Better training through schools and workshops
2. Sufficient personnel to handle calls and paperwork
3. Maintenance of the kennels to comply with state standards
4. To endeavor to educate the public regarding dog laws and
their responsibility as dog owners
Mr. Whitacre advised that he works approximately 250 to 275 hours per
month, including Saturdays and Sundays, while his assistant works a forty hour
week. Mr. Will L. Owings suggested that perhaps an overlapping schedule could
be worked out wherebv Mr. Whitacre and his assistant could work ten days and
then be off four days thereby having at least one officer on duty every day.
Mr. Whitacre advised that he had not been able to take a vacation for
years and it is becoming apparent that additional personnel will soon be needed.
He stated that the sale of dog licenses is well below last year's sales and
he attributed this to the fact that there is not enough manpower available to
check licenses and therefore a lot of people are not purchasing them.
Mr. Koontz asked Mr. Whitacre to explain his work with the Game Warden
and Mr. Whitacre stated that when the Game Warden needs his assistance, he
calls him, which is usually in the Fall or Spring of the year. He advised
that he was paid for these services until the state funds were exhausted; that
he spends approximately 600'to 700 hours per year working with the Game Warden.
Mr. Whitacre advised that he would also need some secretarial personnel
in the near future.
Mr.. Koontz thanked Mr. Whitacre for his report.
B OARD RETIRES INTO EXECUTIVE SESSION
Upon motion made by Kenneth Y. Stiles, seconded by Rhoda W. Maddox and
passed unanimously, the Board retired into Executive Session in accordance with
Section 2.1 -344, Subsection (a) (6) , of the Code of Virginia, 1950, as amended
to discuss legal matters.
B OARD WITHDRAWS FROM EXECUTIVE SESSION
Upon motion made by William H. Baker, seconded by R. Thomas Malcolm and
passed unanimously, the Board withdrew from Executive Session.
BOARD RECONVENES INTO REGULAR SESSION
Upon motion made by William H. Baker, seconded by R. Thomas Malcolm and
passed unanimously, the Board reconvened into Regular Session.
BOARD TO RET
DEL FRYE VS.
Nri7•,f %Y& i]AIJ
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Upon motion made by Kenneth Y. Stiles and seconded by Rhoda W. Maddox,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia does hereby authorize the Commonwealth Attorney to retain George
Johnston, Esquire, to represent the County in the case of Del Frye versus
Frederick County Sheriff's Department and Frederick County.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas
Malcolm, and Kenneth Y. Stiles.
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UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED
THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN.
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C air , rd of S>Vpervis s Sec etary, Boa of Supervisors
A Special Meeting of the Frederick County Board of Supervisors was held
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on the 6th day of February, 1980, in the Board of Supervisors' Meeting Room,
9 Court Square, Winchester, Virginia.
PRESENT: S. Roger Koontz, Chairman; William H. Baker; Rhoda W. Maddox;
R. Thomas Malcolm; and Kenneth Y. Stiles.
ABSENT: Will L. Owings, Vice Chairman.
CALL TO ORDER
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The Chairman called the meeting to order.
DISCUSSION WITH WI
OF SUPERVISORS RE:
CITY COUNCIL AND THE
BOARD
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Chairman Koontz welcomed the Winchester City Council and the Clarke
County Board of Supervisors to the meeting stating that the purpose of the
meeting was to discuss the concerns of neighboring Clarke County with regard
to the proposed regional sewage treatment facility.
Mr. Eustace Jackson, Chairman of the Clarke County Board of Supervisors,
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thanked the Winchester City Council and Frederick County Board of Supervisors
for agreeing to meet with them. He then introduced the Clarke County Board
and stated that insofar as the regional sewage treatment plant is concerned,
Clarke County is strongly united in their opposition to this matter.
Mayor Bell introduced the members of Winchester City Council, City
Manager Wendell L. Seldon and Utilities Superintendent, James W. Givens.
Mr. Koontz introduced the members of the Frederick County Board of
Supervisors and presented ground rules which would be followed during the
discussion.
Mr. Jackson asked Mr. Hardesty to state the position of the Clarke Count
Board and Mr. Hardesty presented the following policy statement:
The Board of Supervisors and citizens of Clarke County were opposed
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to the location of a regional wastewater treatment facility along the Opequon
Creek proximate to Clarke County when this location was discussed in 1976
and we remain opposed today. The Clarke County position has been consistent.
The newly revised draft of the Clarke County Comprehensive Plan notes that
"The agricultural- .1 and 'of' - the - - County is of great.isportance-and shall;-be.
preserved.: The County supports this goal and a voluntary Agricultural and
Forestal District has been formed on the Clarke County side of the Opequon.
Another section of our Comprehensive Plan mandates that "The County shall
promote land use and fiscal planning efforts which help to alleviate land
use and economic burdens on agricultural land so as to.avoid__itssundesited_.
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conversion to urban non - agricultural uses." It is clear, however, that the
position of a regional wastewater treatment plant along the Opequon Creek
adjacent to our first Agricultural and Forestal District will encourage specu-
lative land development in the Longmarsh District of Clarke County and generally
serve to frustrate the popularly accepted prescription of our Comprehensive '
Plan. We can not accept the argument that the location of the proposed plant
will not serve as an inducement to residential development in Clarke County or
that the County's land use controls can bridle unwarranted development pressures.
Construction of a regional wastewater treatment facility anywhere along the
Opequon will prompt land developers to mount legal and political campaigns to
rezone substantial agricultural acreage in anticipation of the availability of
public sewage disposal. •
We are not here to debate the issue of whether Frederick County or Winches er
need the proposed regional wastewater management program, but rather we appear
before you to indicate our united opposition to location of any regional waste-
water treatment facility that will thwart the goals enunciated in the Clarke
County Comprehensive Plan and result in the conversion of our agricultural
lands to urban uses. We find it ironic that Frederick County intends to down- ,
zone significant acreage to conform with that County's Comprehensive Plan while
at the same time proposing a major urban development inducing public facility •
in wanton disregard of the Comprehensive Plan of a neighboring jurisdiction.
In addition to the future development pressure created by the proposed
location of this regional facility; there will be certain immediate adverse
impacts for landowners who reside close to the treatment plant. Land values
of properties in Clarke directly adjacent to the plant site will decrease
markedly and odors and other nuisances will result in a deterioration of the
quality of life for nearby residents.
We of Clarke County support the abatement of water pollution but not at
the expense of creating a worse environmental problem.
The above position statement was submitted by Clarke County at a Joint •
Meeting of the governing bodies representing the City of Winchester and the
Counties of Clarke and Frederick on 6 February 1980. '
Mr. Hardesty then introduced Mr. Allan Olson, a former attorney for EPA,
who appeared before the Board and stated that the presentation would be a
two -part one, the first part he would present and the second part would be
presented by Mr. Albert Boyer, a civil engineer experienced in the area of
wastewater treatment.
Mr. Olson stated that he had thoroughly reviewed the facilities plan as •
had Mr. Boyer. He added that he could assure the Board that interceptor
sewers across vacant land do in fact induce growth and that the growth induced
by this proposed sewer would effect farmland. He pointed out that the area
of Clarke County next to the proposed plant is currently in extensive agricul-
tural use and this has been recognized by the Clarke County Comprehensive Plan;
that landowners in this section of Clarke County are currently attempting to
have this area established as an agricultural district under the Virginia 11 1
Agricultural and Forestal District laws. He addressed several sections of the
Clarke County Comprehensive Plan regarding the preservation of agricultural
land through land use and planning efforts and stated that the proposed sewer
at the boundary of the Opequon Creek would cause Clarke County to come under
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great pressure to participate in the plant to take advantage of any excess
capacity, by developers who desire to rezone their property in this area. He
stated that based upon his review of Virginia court decisions, it would be
very difficult for Clarke County to keep this area-.in an agricultural desig-
nation once this plant is in.
Mr. Olson stated that he felt the provision of sewer service in this
would be incompatiable with both Clarke County and Frederick County planning
and zoning in this vicinity, and that these growth impacts have been recog-
nized quite extensively in the Facilities Plan. He cited the EPA provisions
for and Environmental Impact Statement as they relate to impact on agricultur
land stating that EPA looks more favorably on projects located in urban areas
rather than rural areas.
Mr. Olson concluded by stating that Clarke County wanted to work with
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the Service Authority, the City of Winchester, and Frederick County to deve
modifications to the existing plants and that they felt there were some
alternatives which could solve the problem pollution wise; which could be
done expediously and would protect Clarke County farmland.
Mr. Stiles asked if there were any court decisions which state that
developers or landowners in one jurisdiction have the presumptive right to
hook up to wastewater treatment facilities in another jurisdiction, i.e.
would Prince William developers have a right to hook onto the Fairfax sewage
treatment plant? Mr. Olson replied that in that case, yes. He stated that
when you have sewer at the boundary, counties are not allowed to act sole as
independent units. He stated that even if a court did not explicity say
Clarke County would have to hook onto the system, the judge could phrase an
order in such a manner as to state that service must be provided thereby
placing pressure on Clarke County to tie into the regional plant.
Mr. W. H. Jones, member of the Frederick - Winchester Service Authority,
stated that in the case of Prince William County,.as it relates to Fairfax
County, Mr. Olson's statement is correct inasmuch as Prince William County
is a member of the Upper Occoquan Service Authority along with I.oudoun Count
and Fairfax County. Mr. Jones added that the Code stated that authorities
must be formed by political subdivisions and that a political subdivision
desiring to join an authority once it is formed must do so by resolution of
said. political subdivision as well as approval by the governing bodies who
are already members of the authority. He stated that the Frederick- Winchest
Service Authority was established to serve Winchester and Frederick County
for sewaqe treatment, water treatment and solid waste disposal and has no
power to serve an adjoining jurisdiction unless that jurisdiction desires to
join, and the City and County governing bodies agree to have them join. Mr.
Jones stated that the pressure on Clarke County discussed above could not
occur unless it is a mutually agreeable decision reached by all parties
concerned. He added that he did not feel that any judge would pressure
Clarke County to join into the facilities especially since their land use
plan sets forth this area for agricultural use. He pointed out that Clarke
County has control over their own development.
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Mr. Albert T. Boyer then appeared before the Board and presented his
credentials and a handbook he had written for EPA which sets forth the guidelines
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the state and federal agencies use in reviewing projects. He stated that
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based upon his review of the facilities plan he felt the location of the
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proposed regional treatment plant would have an adverse, secondary environmental
impact on Clarke County due to developmental pressures simply because of its
proximity; that in his opinion, alternate locations are feasible depending upon
the scope of the project as it is now proposed.
Mr. Boyer stated that there appeared to be a conflict in the area of need
for this project in that funding is more favorable to projects which will correct
a pollution problem rather than one which will prevent pollution from happenings.
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He questioned whether or not the facilities plan addressed innovative alternative
technology and whether or not the public participation requirements have been
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met. Mr. Boyer then reviewed the various items which had been addressed in
the facilities plan update and stated that he felt the possibility of land
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application would be studied very closely by EPA as an alternate process for
the plant.
Mr. James Givens stated that though instructions from EPA innovative and
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alternative technology would be addressed in a letter when the Step II application
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is submitted.
The participation of the fruit processors in the proposed facility was
discussed and Mr. Stiles suggested that Mr. Givens and Mr. Jones meet with Mr.
Boyer in order that this matter might be discussed more fully as well as any
other items which were not to Mr. Boyer.
Failing septic tanks and the possible expansion of the County plant was
discussed and Mr. Koontz advised that all of this had been addressed by the
Service Authority's engineers and the City and County had been advised that they
must go regional in order to receive funding; that the engineers had advised
that this was the most cost effective way to proceed.
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Mr. Boyer questioned the statement that the City and County had been told
they must go regional.
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Mr. Olson reappered before the Board and stated that in his presentation
he identified major concerns for the project concerning secondary growth and
related them to specific legal requirements which he felt would be applied very
strongly against the project if there were no project modifications; that Mr.
Boyer, as an engineer had suggested that a number of alternatives may not have
been sufficiently evaluated and why EPA may request further evaluations based
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on various criteria. He added that the first desire of Clarke County is to
come up with a project, different from the proposed one, which would solve
Winchester and Frederick County's problem but would not impose additional
problems on Clarke County and that they had instructed him to take further
steps to pursue this matter with EPA regarding their concerns about the second
growth impacts and the lack of compliance with various regulations and statute
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He added that he felt EPA would also look at the cost effectiveness questions,
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the alternative evaluation questions and various technical matters. Mr. Olson
stated that he felt a lot of things were missing in the facilities plan.
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Mr. Delmar Ronbinson asked if Clarke County would be willing to contribute
financially to have the study_redone and Mr. Dunning stated that this question
would not be asked if Clarke County had had more consideration in 1976; that
they have been ignored for the past two years.
Mr. Kern advised that the City and County have spent more than $350,000
up to this point to determine the most cost effective method and the best loca-
tion for this project for everyone concerned.
Mr. Hardesty stated that Clarke County appreciates the problem the City
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and County is facing; that Clarke County had sought technical help to try to
determine if there are any other alternatives and this was their first attempt
to contribute to the project. He added that he felt Clarke County had contribut
significantly to the project through tax dollars contained within the grant
funds received by the Authority. He requested that a committee be formed to
try to work out some of the problems before the plan is submitted to EPA for
consideration.
Mr. Robinson asked if Clarke County was aware of the time contraints
regarding this project and Mr. Hardesty stated that they were, but that he
felt Clarke County should have been considered sooner. He added that although
Clarke County elected not to join the regional authority, he felt they had not
been given due consideration.
The cost effectiveness of the regional facility was again discussed and
again Mr. Stiles advised that both the Sanitation Authority engineers and the
Service Authority engineers had agreed that this was indeed the most cost
effective method.
Mr. Mote then asked Mr.. Olson, if in the field of EPA law, there are any
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precedents available to adjoining localities to go into either local or federa
court and obtain an injunction against the locality to restrain and enjoin the
from constructing the sewage treatment plant and Mr. Olson replied that there
were not but that the key issue is whether, under federal law, EPA is entitled
to award a grant on a particular project.
Mr. Mote then asked Mr. Olson if it was his opinion that the plan, as it
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now written, is deficient in several respects and Mr.. Olson replied that this
was correct, and the prime ones, in regard to Clarke County are the fact that
no evironmental impact statement under the National Environmental Policy Act
has been prepared fully addressing the secondary impact, and growth impacts
on farmland, and based on Mr. Boyer's review, he had found that other sections
of the EPA regulations which have the effect of law have also not been met wit
this project.
Mr. Hardesty stated that Clarke County's intent in bringing legal and
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technical assistance to the meeting was not a threat but that they wanted to b
informed and considered. He added that we are now experiencing an energy
problem which he felt had been underestimated and therefore he felt technology
would develop at a rapid pace in the area of sewage treatment.
Mr. Kern stated that he did not think either jurisdiction would proceed
with the project if the problem could be handled otherwise. He added that the
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deadline for submittal of the Step II qrant application is March 1st and the Citl
and County must proceed according to the mandate of the State Water Control Boar
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Mayor Bell stated that in the beginning the City had planned to upgrade their
plant at the present location but had been advised that they must go regional
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and since that time have been proceeding on that basis. He added that in regard
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to the impact on Clarke County, he had requested the engineers to give close
consideration to the recommended site and the possibility of an alternative site;
that they had determined that the proposed location was the most cost effective,
feasbile one. He stated that he was sorry if Clarke County felt they had not been
considered, but he felt they had been given consideration by both jurisdictions.
Mr. Stiles suggested that the members of the Service Authority meet with Mr.
felt the only way to clean up the opequon was to build a sewage treatment plant.
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Boyer and Mr. Olson in the next few days to explore the points raised tonight
in order that they might report back to the Council and the Board.
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Mr. Seldon requested that the jurisdictions be provided with a copy of the
transcript of the meeting. He stated that Mr. Hardesty had made a presentation
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in 1976 but had not made a presentation at the two public meetings held by the
Authority which he felt was unfortunate.
Mr. Hardesty then suggested that the chairmen of the two boards and the
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mayor appoint a committee to meet and discuss these matters inasmuch as the
decisions would be made by them.
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Mr. Robert Pidgeon, operator of a campground in Clarke County, appeared
before the Board in support of the proposed plant stating that the condition
of the creek as it now exists is putting him out of business and destroying his
quality of life. He stated that if something is not done to correct the situati
he would have to seek recourse in the courts.
Ms. Margaret Maizel appeared before the Board and stated that she was under
the impression that both Mr. Pidqeon and the Frederick County Creek Committee
felt the only way to clean up the opequon was to build a sewage treatment plant.
She added that the money already spent on the project is very little compared
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to what the total amount will be. She advised that should the Board of Health
discover malfunctioning wells and septic systems due to growth, the courts will
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not recognize borders.
Mr. Robert Koon appeared before the Board and stated that inasmuch as he is
the property owner of the proposed site for the sewage treatment plant, he would
like to know whether or not the Authority was going to take his property and if
so, when; that he had not yet been contacted.. Mr. Seldon replied that the Koon
property is the recommended site in the Step I grant application and that the
Frederick- Winchester Service Authority could not proceed until the Step I grant
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application is approved; that approval is expected in the last quarter of the
year and that the lead time from purchase until construction is one to one and a
half years. He advised that Mr. Koon would be paid the fair market value for
his property at the time of purchase.
Mr. Bob Bayliss appeared before the Board and asked why the plant could not
be moved back further into Frederick County where it would do the most good.
Ms. Margaret Starliper appeared before the Board and stated that she is'.
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not in favor of the propose& site for the plant and felt it should be moved
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further downstream where it will do the most qood. She added that she felt this
was a large amount of money to be spent on a project which would not benefit a
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great deal of people who are already in the county. Mrs. Starliper stated that
she felt it was deplorable to locate a sewar plant along the Harry Flood Byrd
Highway.
Mr. Koontz stated that Mayor Bell, Chairman Jackson and he would appoint
a committee to discuss the points raised tonight. He thanked the Clarke Count
Board of Supervisors and the Winchester City Council for meeting with the
to discuss this matter.
UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED
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THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN.
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ecretary, Boa U , of Supervisors
A Regular Meeting of the Frederick County Board of Supervisors of the County of
Frederick, Virginia, was held on February 13, 1980 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.
INVOCATION
The invocation was delivered by the Reverend Glenn Jude of the Greenway Baptist Church.
CALL TO ORDER
The Chairman called the meeting to order.
APPROVAL OF MINUTES
The following corrections to the minutes were noted: Special Meeting, January 9, 1980,
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Page 2 change "development" to - "developed ", Page 3 correct the words "interin" and -"condinue"
to "interim" and "continue "; Regular Meeting, January 9, 1980, Page 7 change January 1, 1980
to January 10, 1980; Special Meeting, January 17, 1980, change the word "baseball" to
"softball ".
Upon motion made by Kenneth Y. Stiles and seconded by William H. Baker,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does
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herein approve the minutes of the Special Meeting of January 9, 1980, the Regular Meeting
of January 9, 1980, the Special Meeting of January 17, 1980 and the Special Meeting of January
23,. 1980, with the corrections as noted above.
The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz,
Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm, and Kenneth Y. Stiles.,
RESOLUTION REQUESTING SPEED LIMIT SIGNS AND GATES AT STEPHENS CITY PARK - APPROVED
Mr. Ned Cheely, Parks and Recreation Director appeared before the Board and requested
approval to have speed limit signs posted and gates erected at the Stephens City Park in
accordance with Highway Department regulations for safety and security purposes.
Upon motion made by Kenneth Y. Stiles and seconded by Rhoda W. Maddox,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia,
does.hereby request — a special permit from the'Virginia.Department of Highways and Transpdrtition
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to .construct a controZ or, other barrier, across .Route :726 in'.Frederick: County- Ljust south!
of its intersection with Route 277 for the purpose of providing security for the Frederick
County Park and its facilities; and,
BE IT FURTHER RESOLVED, That operation of the control gate and opening and closing of
same is to be entirely by personnel of Frederick County, with said control gate or gates to
include reflectors and /or refle6torized signs to indicate that the road is blocked.
The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz,
Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm, and Kenneth Y. Stiles.
PLANNING COMMISSION RESOLUTION RE: REQUEST FOR MORE L OCAL INPUT INTO VIRGINIA
DEPARTMENT OF HIGHWAYS & TRANSPORTATION 6 & 10 YEAR PLANS - APPROVED
Mr. Stiles stated that the Planning Commission expressed concern regarding the need to
coordinate the development of highways in the county in accordance with the comprehensive
plan and therefore "requested that the Board endorse a resolution in this regard to be forwarded)
to the appropriate authorities for consideration.
Upon motion made by Kenneth Y. Stiles and seconded by R. Thomas Malcolm,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia,
does herein endorse the resolution passed by the Frederick County Planning Commission
more local input into the Virginia Department of Highways and Transportation six and ten year
plan for highway development in Frederick County.
The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz,
Will L. Owings, R. Thomas Malcolm, William H. Baker, Rhoda W. Maddox, and Kenneth Y. Stiles.
JOINT MEETING WITH PLANNING COMMISSION AND VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANS-
PORTATION SET FOR FEBRUARY 27, 1980
The Board set the date of February 27, 1980 at 7:00 P.M. for a joint meeting with the
Frederick County Planning Commission and the Virginia Department of Highways and Transportation
to discuss the plan of work for the six and year plan for the County.
APPOINTMENTS
APPOINTMENT OF RETHA CROSEN TO PARKS AND RECREATION COMMISSION AMENDED
Upon motion made by Rhoda W. Maddox and seconded by William H. Baker,
BE IT RESOLVED, That the-Board of Supervisors of the County of Frederick, Virginia, does
herein approve the amendment of the term of appointment of Mrs. Retha Crosen to the Parks
and Recreation Commission from one year to four years, said term to commence January 10, 1980
and terminate January 10, 1984
The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz,
Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm, and Kenneth Y. Stiles.
APPOINTMENT OF LAWRENCE COVERSTONE TO LAW ENFORCEMENT & COURTS COMMITTEE - APPROVED
Upon motion made by R. Thomas Malcolm and seconded by Will L. Owings,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does
herein appoint Mr. Lawrence Coverstone to serve as the citizen representative on the Law
Enforcement and Courts Committee for a term of four years, said term to commence on January
1, 1980 and terminate on December 31, 1983.
The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz,
Will L. Owings, Rhoda W. Maddox, William H. Baker, R. Thomas Malcolm, and Kenneth Y. Stiles.
APPOINTMENT O CHARLES R. BOYD AND LEE LI ZER TO STREAM STANDARDS COMMITTEE - APPROVED
Upon motion made by William H. Baker and seconded by Rhoda W. Maddox, \,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia
does herein appoint Mr.-Charles R. Boyd, from Back Creek District and Mr. Lee Lizer,, from
Gainesboro District, to serve on the Stream Standards Committee for a term of one year, said
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term to commence on January 1, 1980 and terminate on December 31, 1980.
The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia,
does herein appoint Mr. David Owings, from Back Creek District, and Mr. Robert A. Cather
from Gainesboro District, to serve as members on the Frederick County Transportation Safety
Commission for a term of one year, said term to commence on January 1, 1980 and terminate
• on December 31, 1980.
The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz,
Will L. Owings., William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm, and Kenneth Y. Stiles.
APPOINTMENT OF MS. MILDRED MOSS, MR. IKE PHILLIPS AND MS. GWEN LUNSFORD TO EXTENSION
ADVISORY COMMITTEE - APPROVED
Upon motion made by Kenneth Y. Stiles and seconded by R. Thomas Malcolm,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia,
does herein appoint Ms. Mildred Moss, from Gainesboro District, Mr. Ike Phillips, from Back
Creek District, and Ms. Gwen Lunsford, from Shawnee District, to serve on the Frederick
• County Extension Advisory Committee for a term of one year, said term to commence on January
1, 1980 and terminate on December 31, 1980.
The above reolution was passed by the following recorded vote: Aye - S. Roger Koontz,
Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm, and Kenneth Y. Stiles.
APPOINTMENT OF DR. MAX MANDEL AND MS. ROSEMARY WANNER TO ANIMAL CARE COMMITTEE -
APPROVED
Upon motion made by Kenneth Y. Stiles and seconded by R. Thomas Malcolm,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia,
does herein appoint Dr. Max Mandel, from Back Creek District, and Ms. Rosemary Wanner, from
Gainesboro District, to serve on the Animal Care Committee for a term of one year, said term
• to commence on January 1, 1980 and terminate on December 31, 1980.
The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz,
Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm, and Kenneth Y. Stiles.
APPOINTMENT OF JOHN P. GOOD, JR. TO COURTS COMMITTEE - APPROVED
Upon motion made by Kenneth Y. Stiles and seconded by R. Thomas Malcolm,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia,
does herein appoint Mr. John P. Good, Jr. to serve as the representative from Gainesboro
District, on the Courts Committee for a term of one year, said term to commence on January
1, 1980 and terminate on December 31, 1980.
• The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz]
Will L. Owings,'. Williat. - H..cBaker*,... Rho da. W.,,M add ox, R: -Thom asa,Malcolm', a'ndtKen..Sti'les.
APPOINTMENT OF M. D. PALUMBO TO CAPITAL FACILITIES COMMITTEE - APPROVED
Upon motion made by Kenneth Y. Stiles and seconded by R. Thomas Malcolm,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia,
does herein appoint Mr. M. D. Palumbo, from Back Creek District, to serve on the Capital
' Facilities Committee for a term of one year, said term to commence January 1, 1980 and
terminate on December 31, 1980.
The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz
Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles.
William H. Baker,
APPOINTMENT
Will L. Owings, Rhoda W. Maddox, R.. Thomas Malcolm, and Kenneth Y. Stiles.
OF DAVID OWINGS AND ROBERT A CATHER TO FREDERICK COUNTY TRANSPORTATION
SAFETY COMMISSION -
APPROVED
Upon motion
made by
Kenneth Y. Stiles and seconded by R. Thomas Malcolm,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia,
does herein appoint Mr. David Owings, from Back Creek District, and Mr. Robert A. Cather
from Gainesboro District, to serve as members on the Frederick County Transportation Safety
Commission for a term of one year, said term to commence on January 1, 1980 and terminate
• on December 31, 1980.
The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz,
Will L. Owings., William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm, and Kenneth Y. Stiles.
APPOINTMENT OF MS. MILDRED MOSS, MR. IKE PHILLIPS AND MS. GWEN LUNSFORD TO EXTENSION
ADVISORY COMMITTEE - APPROVED
Upon motion made by Kenneth Y. Stiles and seconded by R. Thomas Malcolm,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia,
does herein appoint Ms. Mildred Moss, from Gainesboro District, Mr. Ike Phillips, from Back
Creek District, and Ms. Gwen Lunsford, from Shawnee District, to serve on the Frederick
• County Extension Advisory Committee for a term of one year, said term to commence on January
1, 1980 and terminate on December 31, 1980.
The above reolution was passed by the following recorded vote: Aye - S. Roger Koontz,
Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm, and Kenneth Y. Stiles.
APPOINTMENT OF DR. MAX MANDEL AND MS. ROSEMARY WANNER TO ANIMAL CARE COMMITTEE -
APPROVED
Upon motion made by Kenneth Y. Stiles and seconded by R. Thomas Malcolm,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia,
does herein appoint Dr. Max Mandel, from Back Creek District, and Ms. Rosemary Wanner, from
Gainesboro District, to serve on the Animal Care Committee for a term of one year, said term
• to commence on January 1, 1980 and terminate on December 31, 1980.
The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz,
Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm, and Kenneth Y. Stiles.
APPOINTMENT OF JOHN P. GOOD, JR. TO COURTS COMMITTEE - APPROVED
Upon motion made by Kenneth Y. Stiles and seconded by R. Thomas Malcolm,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia,
does herein appoint Mr. John P. Good, Jr. to serve as the representative from Gainesboro
District, on the Courts Committee for a term of one year, said term to commence on January
1, 1980 and terminate on December 31, 1980.
• The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz]
Will L. Owings,'. Williat. - H..cBaker*,... Rho da. W.,,M add ox, R: -Thom asa,Malcolm', a'ndtKen..Sti'les.
APPOINTMENT OF M. D. PALUMBO TO CAPITAL FACILITIES COMMITTEE - APPROVED
Upon motion made by Kenneth Y. Stiles and seconded by R. Thomas Malcolm,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia,
does herein appoint Mr. M. D. Palumbo, from Back Creek District, to serve on the Capital
' Facilities Committee for a term of one year, said term to commence January 1, 1980 and
terminate on December 31, 1980.
The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz
Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles.
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LETTER OF SUPPORT FOR YORK COUNTY PETITION TO GENERAL ASSEMBLY FOR FINANCIAL ASSISTANCE
FOR 1981 YORKTOWN BICENTENNIAL CELEBRATION - APPROVED
A letter from Mr. H. Tabb Smith, Chairman of the York County Board of Supervisors re-
questing support of a petition to the General Assembly for financial assistance. for the .198
Yorktown Bicentennial Celebration was presented to the Board for consideration.
Mrs. Maddox stated that each locality has events they would like to celebrate and she
felt funds to support such celebrations should be raised within the locality. She added
that funds from the General Assembly would include tax dollars from Frederick County and she
did not think this celebration would bring any tourism to our area.
Upon motion made by William H. Baker and seconded by Will L. Owings,
WHEREAS, On July 4, 1776, for the consideration and judgment of all mankind, the colonial)
leaders of America declared the causes which impelled.them to dissolve the political bonds
connecting the United States of America with Great Britian; and,
WHEREAS, On�October 19, 1781 the people of the United States of America completed their
declaration of sovereign independence by accepting the surrender of Lord Cornwallis and his
British Army to the Allied American and French forces at Yorktown, Virginia; and,
WHEREAS, The surrender of Lord Cornwallis and the ending of the Revolutionary War was the)
first step in development of the long and proud history of nation - building for the United
States of America; and,
events to be celebrated with due honor, respect and dignity,
WHEREAS, It is appropriate for the impending bicentennial anniversary of these historic
NOW, THEREFORE, BE IT RESOLVED, By the Frederick County Board of Supervisors, this
13th day of February, 1980, that the Virginia General Assembly be and it is hereby earnestly
and respectfully petitioned to appropriate sufficient funds to provide for timely planning
and effective implementation of a fitting celebration for the 200th anniversary of American
independence won at Yorktown.
BE IT FURTHER RESOLVED, That the Virginia Association of Counties and all cities, towns
and counties in the Commonwealth of Virginia provide support for this petition and share in
the celebration of this historic event.
The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz,
Will L. Owings, William H. Baker, R. Thomas Malcolm,.and Kenneth Y. Stiles. Nay - Rhoda W.
Maddox.
CHARLES E. BOYD ADDRESSES BOARD RE: MERCHANTS CAPITAL TAX
Mr. Charles E. Boyd appeared before the Board in opposition to the merchants capital
tax imposed by the County and stated that he felt it was unjust and unfair. He requested
that the Board consider eliminating this tax and adopting some type of business license tax.
Following a brief discussion, the Chairman referred this matter to the Finance Committee
for study and recommendation and requested that all available information on file be forwarded
to the Finance Committee for review.
PUBLIC HEARINGS
CUP # 024 -79 - DR. ROBERT W. KAPP, JR., ET UX - SHAWNEE DISTRICT - APPROVED
Mr. Riley presented the request for conditional use permit of Dr. Robert W. Kapp,
Jr., et ux stating that the Planning Commission recommended approval of said permit to run
indefinitely with administrative annual review.
Mr. Aubrey Smith appeared before the Board representing Dr. Kapp and stated that the
request for conditional use permit was to replace a mobile home which had been destroyed
by fire.
There was no opposition.
Upon motion made by R. Thomas Malcolm and seconded by Kenneth Y. Stiles,
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BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia,
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does herein approve,-on third and final reading, the following request for conditional use
permit:
CONDITIONAL USE PERMIT NO. 024 -79 OF DR. AND MRS. ROBERT W. KAPP, JR., 202 -204
DODGE AVENUE, WINCHESTER, VIRGINIA, REQUESTING A CONDITIONAL USE PERMIT TO RE-
PLACE A TRAILER DAMAGED BY FIRE AT 202 -204 DODGE AVENUE, ZONED RESIDENTIAL -
GENERAL (R -3). THIS PROPERTY IS DESIGNATED AS PROPERTY IDENTIFICATION NUMBER
54C- '(A)1, 2, 3, IN SHAWNEE MAGISTERIAL DISTRICT.
BE IT FURTHER RESOLVED, That this permit shall run indefinitely with administrative
annual review.
The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz,
Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles.
CUP #025 -79 - PO -NLEN EQUIPMENT CO. - SHAWNEE DISTRICT - TABLED
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Mr. Riley presented the conditional use permit request of Powlen Equipment Company
and stated that the Planning Commission recommended tabling action on this request until
the Health Department can make a determination on the suitability of the present septic
system.
Upon motion made by Kenneth Y. Stiles and seconded by R. Thomas Malcolm,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia,
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does herein table action on the conditional use permit request of Poi71en Equipment Company
department until the Health Department can make a determination on the suitability of the
for a construction equipment distributorship with sales office and service and parts
present septic system.
The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz,
Will L. Owings, R. Thomas Malcolm, Rhoda W. Maddox, William H. Baker, and Kenneth Y.E:Stiles.
REGIONAL SEWAGE TREATMENT PLANT FACILITIES PLAN, ADDENDUM TO CONCURRENT RESOLUTION
AND COMMITMENT TO LOCAL FUNDING - APPROVED
Upon motion made by Kenneth Y. Stiles,aseconded by R. Thomas Malcolm and passed
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unanimously, the Board rescinded the resolution passed on November 14, 1979 setting forth
the Board's support of the regional sewage treatment plant with conditions attached thereto.
Mr. Koontz stated that the Ad Hoc Committee had been appointed to further discuss
and review the proposed regional sewage treatment plant. He asked Mr. W. E. Jones to report
the findings of said committee.
Mr. Jones appeared before the Board and stated that the Ad Hoc Committee recommended
adoption of the Addendum #1 to the Concurrent Resolution. The contents of the addendum
were discussed and Mr. Jones advised that this merely sets forth the provisions of the
concurrent resolution more clearly.
Mr. Thomas B. Rosenberger stated that both jurisdictions have been working on this
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project for a long time and if the Board felt comfortable with the proposed addendum, he
would certainly endorse it.
Upon motion made by Kenneth Y. Stiles and seconded by R. Thomas Malcolm,
ADDENDUM NO. 1
AN
CONCURRENT RESOLUTION OF THE CITY OF WINCHESTER
AND THE BOARD OF SUPERVISORS OF FREDERICK COUNTY
CREATING THE "FREDERICK- WINCHESTER SERVICE AUTHORITY"
WHEREAS, by Concurrent Resolution of the Common Council of the City of
Winchester (the "City ") adoped February 12, 1974, and of the Board of Super-
visors of Frederick County (the "County ") adopted January 24, 1974, there was
thereby created the Frederick - Winchester Service Authority (the "Authority ")
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with powers, rights and Articles of Incorporation:as3set forth therein; and
WHEREAS, in Paragraph (2) of Section 4 of said Concurrent Resolution,
provision is made for the sale of the City's water supply system to the
Authority; and
WHEREAS, it is the desire of the City and County to supplement said
Concurrent Resolution with agreements respecting the initial allocation of
usage and a limitation upon the Authority's rate making prerogatives for
recovery of capital cost of future expansion of the facilities beyond certain
limits herein agreed.
NOW, THEREFORE, BE IT RESOLVED:
1. TEST PERIOD ESTABLISHED: At the time when the Authority elects to
proceed with the purchase of the City's water supply system under the pro-
visions of Paragraph (2) of Section 4 of the said Concurrent Resolution, there
shall thereby automatically be fixed a test period (the "Test Period ") which
shall be the calendar year terminating at the end of the calendar quarter
next preceding the said date of election to proceed to purchase.
2. USAGE CALCULATIONS Calculations shall then be made of water con-
sumption from said system (expressed in gallons) during the Test Period by
the County (including Stephens City and Middletown) and a similar calculation
of said consumption by the City.
3. RATIO ESTABLISHED The results of such calculations shall constitute
the ratio of usage between the two governmental entities unless, within
thirty (30) days after said final calculations are made known to the parties,
the County elects to substitute.the figure two million (2,000,000) gallons
instead of its usage calculated as aforesaid (in which event, in lieu of said
ratio and for the purposes hereafter stated in Paragraph 4, the County's share
of excess capacity shall be the amount by which two million (2,000,000) gallons
exceeds its usage during the Test Period calculated as aforesaid and the City's
share of excess capacity shall be all the balance thereof, if any).
4. AGREEMENT City and County agree, with the concurrence of the
Frederick - Winchester Service Authority, that the ratio heretofore established
shall fix each party's right to proportional use of any excess capacity of the
said water supply system existing at the end of the Test Period and, until and
to the extent that either party has not increased its usage after said date
to absorb its said share of excess capacity, the Authority shall not impose
against that party any rate which includes the capital cost of expansion of the
facilities in the other jurisdiction. Further, the ratio so established shall
fix the City's and County's respective share of the burden of any rates there-
after charged to the extent that such rates are imposed to finance the payment
of the purchase price of the said water supply system from the City.
CITY OF WINCHESTER, VIRGINIA
By /s/ Stewart Bell, Jr.
Stewart Bell, Jr., Mayor
(SEAL) Adopted Feb. 29 , 1980.
ATTEST:
/s/ Patricia Ashby
Patricia Ashby
Clerk of Council
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FREDERICK COUNTY, VIRGINIA
By /s/ S. Roger Koontz
S. Roger Koontz
Board of Supervisors
(SEAL) Adopted 29 Feb ., 1980.
ATTEST:
/s/ James M. White
James M. White
Clerk of the Board of Supervisors
FREDERICK - WINCHESTER SERVICE AUTHORI".
By /s/ C. Robert Solenberger
C. Robert Solenberger, Chairman
(SEAL) Adopted 29 Feb., 1980
ATTEST:
/s/ Ann K. Kelican
Ann K. Kelican, Secretary- Treasurer
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm, and
Kenneth Y. Stiles. Nay - Will L. Owings stating that he did not feel this
agreement was any better than the original one approved in 1974.
Mr. Charles.Bauserman, President of the Frederick County Farm Bureau
appeared before the Board and stated that this organization had passed a
resolution in opposition to the proposed regional sewage treatment plant
inasmuch as they felt it could increase development in Frederick County faste
than the County could absorb the growth.
Ms. Margaret Maizel appeared before the Board and stated that Clarke
County has consistently expressed opposition to the proposed regional plant
and that at the present time petitions are being circulated throughout the
County and to date 739 signatures have been collected on these petitions.
Ms. Maizel stated that they would continue to collect signatures and copies
of all the petitions would be forwarded to the State Water Control Board.
She stated that there are approximately 8,800 people in Clarke County, 5,000
of whom are registered voters, and they expect to have 96% to 97% of these
voters sign the petition.
Mr. Bob Bayliss appeared before the Board and presented the petitions
collected to date and stated that although Clarke County residents could
appreciate the problems Winchester and Frederick County are facing, they did
not want the proposed plant on their boundary. He expressed concern regardi
the loss of prime agricultural land throughout the country each year.
Mrs. Maddox stated that she felt she was in a very difficult situation
having to cast her first vote on this project; that if she had been a member
of the Board when the study was conducted, she would have urged that there b
more strict guidelines regarding the site selection. She added that the
phrase "cost effective" bothered her in that it means--the least expensive
and not necessarily the best way; that it is not synonymous with good, sound
planning.
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Mr. Sam Lehman stated that the Frederick County Taxpayer's Association
is also collecting signatures on petitions of opposition and that they have
made their opposition known from the beginning of this project. He advised
that they did not feel this would solve the problem of stream pollution and
that he felt as many as 3,000 wells in that section of Frederick County and
neighboring Clarke County would be destroyed.
Mr. John Rattray of Alexander Potter Associates stated that the discharge
standards for the new plant will be about 100% more stringent than those
currently in effect for the City and there should be a considerable improvement
in the degree of treatment.
Mr. Charles Boyd appeared before the Board and again expressed his
opposition to the proposed location of the plant
Mr. Stiles reiterated his statement of November 14th wherein he stated
that he did not like this solution, but liked the alternative even less. He
added that he had spent a considerable amount of time studying this matter and
had come to the same conclusion, i.e. that he felt it would be the height of
irresponsibility for the Board to vote against this proposal inasmuch as the
result of such a vote would be a sewage treatment plant in the County owned
and totally operated by the City.. He added that he did not feel this was the
best location for the plant. He explained again the process by which Clarke
County could hook onto the plant stating that the Board of Supervisors of
Clarke County would have to allow development in the western part of the County
to such a degree that they would petition the Service Authority, the Frederick
County Board of Supervisors and the City Council to participate in the plant.
Ms. Maizel stated that she questioned the legality of whether or not the
Service Authority, the Frederick County Board of Supervisors and the Winchester
City Council have the Authority to enter into an agreement whereby Clarke
County could never join in the plant'inasmuch as this ties the hands of the
Board of Health. She added that 75% federal funding is provided for said plant
through general tax revenue.
Mr. Koontz stated that the Board and City Council have studied this matte3
quite thoroughly and feel that this is the best solution to the problem; that
this plan will improve the quality of the Opequon Creek bringing it back to a
swimmable, useable, fishable stream.
Mr. Bayliss asked the engineers if they could guarantee that this would
clean up the Opequon and Mr. Rattray replied that the discharge from the pro-
posed plant would be consistent with the regulations to make the stream swim-
mable and fishable but that they could not control other discharges into the
stream.
upon motion made by R. Thomas Malcolm and seconded by Rhoda W. Maddox,
WHEREAS, The Frederick - Winchester Service Authority, herein called the
"Service Authority ", is the duly designated agency responsible for planning,
designing, constructing and operating regional wastewater facilities in the
Opequon Creek watershed; and,
WHEREAS, The Service Authority has prepared a plan for such facilities
entitled "Facilities Plan for Regional Wastewater Management ", dated September,
1976; and,
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WHEREAS, The--Service Authority reviewed the said plan, and on 4 January,
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1977 agreed to submit the plan to the State Water Control Board for review;
and,
WHEREAS, The Service Authority has prepared an Update to said Plan,
dated 1 October, 1979, has approved the Update on 18 September, 1979, and
has agreed to submit the Update to the State Water Control Board for review;
NOW, THEREFORE BE IT RESOLVED, That the Board of Supervisors of the
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County of Frederick, Virginia does hereby concur with the Service Authority
that the "Facilities Plan for Regional Wastewater Management, as supplemented
by the Update, outlined the most effective means for providing wastewater
treatment for the Opequon Creek watershed and hereby approves said plan.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas
Malcolm and Kenneth Y. Stiles,
Upon motion made by R. Thomas Malcolm and seconded by William H. Baker,
WHEREAS, The Frederick- Winchester Service Authority, herein called
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the "Service Authority ", is the duly designated agency responsible for
planning, designing, constructing and operating regional wastewater facilitie
in the Opequon Creek watershed; and,
WHEREAS, The Service Authority has prepared a Facilities Plan for such
facilities and has submitted the Plan and an Update to the appropriate State
authorities for review and approval; and,
WHEREAS, The Service Authority, upon receipt of notice of approval of
this Facilities Plan by the Virginia State Water Control Board, intends to
request grant funding assistance for the design of the necessary facilities;
and,
WHEREAS, Approval of such grant funding is contingent on the assurance
by the Service Authority that it will have sufficient funds available to
meet the nonfederal share of the cost of the design; and,
WHEREAS, The design work . is planned to extend over a period of two yearsi!,
NOW, THEREFORE BE IT RESOLVED, By the Board of Supervisors of the Coun
of Frederick, Virginia, that the County promises and commits itself to exert
its best efforts to pay its share of the local cost of the design of regiona
wastewater facilities to be conducted by the Service Authority.
The above resolution was passed by the following recorded vote: Aye -
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S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thoma
Malcolm, and Kenneth Y. Stiles.
Upon motion made by Kenneth Y. Stiles and seconded by R. Thomas Malcolm,
BE IT RESOLVED, That the Board of Supervisors - of.the County of Frederic
Virginia, does herein .request the Frederick - Winchester Service Authority to
move with all haste in their deliberations to purchase the proposed site for
the regional sewage treatment plant in order that the owners of the property
might have some idea of what they will have to do and what funding they migh
expect to purchase other property.
The above resolution was passed by the following recorded vote: Aye:-
S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thoma
Malcolm, and Kenneth Y. Stiles.
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JOINT CAPITAL FACILITIES RESOLUTION - APPROVED
Mr. Malcolm stated that action on the joint capital facilities resolution
had been postponed until the resolution regarding regional sewage treatment
facilities had been resolved. He added that inasmuch as this has been accom-
plished, he would recommend that the resolution for joint capital facilities
be adopted.
Mr. Rosenberger asked if the resolution still contained the stipulation
that the CITGO property would only be used through mutual agreement between
the City and the County and Mr.. Malcolm replied that it did.
Upon motion made by R. Thomas Malcolm and seconded by Kenneth Y. Stiles,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick
and the Winchester City Council do hereby agree to construct a joint capital
facility consisting of courts and related services in the City of Winchester
on the McCormac -Kurtz tracts; and,
BE IT FURTHER RESOLVED, That this.agreement is based con
ditions regarding joint commitments:
WHEREAS, The City will not annex any portion of Frederick County for
twenty (20) years from the date of this resolution.
WHEREAS, The Court and Related Services Facility will be constructed on
the McCormac -Kurtz tracts at a Mutually agreeable location.
WHEREAS, The Planning and design of the Courts facility and the parking
complex begin simultaneously to insure that offstreet parking would be avail-
able while the Courts facility is under construction.
WHEREAS, The County and City will share the cost of the Courts facility
on a 50 -508 basis.
WHEREAS, The County and City will share the maintenance cost of the Court;
facility on a 50 -508 basis.
WHEREAS, The City will pay off the portion of the Parking Authority con
tract necessary to provide for use by County and City for Court and Related
Services facility on the McCOrman Parcel, and will deed to the County, at no
cost, a one -half undivided interest in the land necessary to construct the
Court Complex, wherever the site is selected on the McCOrmac Parcel.
The City will also provide an option to the County for the necessary land
to construct an Administration Complex at no cost to the County. This will
include any location mutually agreed on for both the McCormac and Kurtz Parcels
WHEREAS, The County will deed to the City, at no cost, land required from
the County parcel behind the Citgo Lot to build a parking structure.
WHEREAS, The City will lease the above reference parcels to the Winchester
Parking Authority.
WHEREAS, The City will utilize the Kent Street parcel for the parking
structure and will pay off the existing Winchester Parking Authority contract
on the lot as required.
WHEREAS, The City through the Winchester Parking Authority will finance,
construct, own and operate the parking structure on the above parcels.
WHEREAS, Space allocations of the Courts Facilities are subject to review
by the appropriate officials when detailed planning has begun.
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NOW, THEREFORE BE IT RESOLVED, That the above resolution is agreed to and
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binding by both governing bodies upon their signatures attached this
day of , 1980. This agreement shall supercede any other
agreement prior to this date relative to this project.
The above rsolution was passed by the following recorded vote: Aye -
S. Roger Koontz, William H. Baker, Will L. Owings, Rhoda W. Maddox, R. Thomas
Malcolm and Kenneth Y. Stiles.
APPOINTMENTS TO AGRICULTURAL ADVISORY COMMITTEE - TABL
The Board agreed to table the appointments to the Agricultural Advisory
Committee.
APPOINTMENT OF CHARLES E. BOYD TO STREAM STANDARDS COMMITTEE
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Upon motion made by Kenneth Y. Stiles and seconded by Rhoda W. Maddox,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick
Virginia, does herein appoint Mr. Charles E. Boyd to serve as the representa-
tive from Stonewall District on the Stream Standards Committee for a term of
one year, said term to commence January 1, 1980 and terminate December 31,
1980.
The,above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas
Malcolm, and Kenneth Y. Stiles.
BEN BUTLER ADDRESSES BOARD RE: JENKINS PROPERT
Mr. Ben Butler, Attorney representing Mr. and Mrs. Oscar Jenkins appear-
ed before the Board and stated that the Jenkins own.,.*,parcel of land which
is zoned industrial and is under contract for sale subject to certain con-
tingencies. He advised that the property is served by a 20 foot right -of-
way would meet county ordinance requirements.
There followed a brief discussion regarding the possibility of acquiri
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additional property in order to allow adequate space for paving and drainage.
Mr. Butler requested that this matter be tabled in order that he might
seek additional information regarding the property and the possibility of
acquiring additional land for the right -of -way. The Board agreed and the
matter was tabled.
BOARD RETIRES INTO EXECUTIVE SESSION
Upon motion made by Rhoda W. Maddox, seconded by R. Thomas Malcolm, and
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passed unanimously, the Board retired into Executive Session in accordance
with Section 2.1 -344, Subsection (a) (1), and (a) (6) of the Code of Virgini
1950, as amended to discuss legal and personnel matters.
BOARD WITHDRAWS FROM EXECUTIVE SESSION
Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and
passed unanimously, the Board withdrew from Executive Session.
BOARD RECONVENES INTO REGULAR SESSION
Upon motion made by Rhoda W. Maddox, seconded by William H. Baker and
passed unanimously, the Board reconvened into Regular Session.
FINANCE COMMITTEE RECOMMENDATIONS
Mr. William H. Baker presented the Finance Committee recommendations
and the following action was taken:
IFF'S DEPARTMENT AUTHORIZED TO SEEK BIDS FOR TWO POLICE CRUISERS
Mr. Baker stated that the Finance Committee agreed with the recommenda-
tion of the Law Enforcement and Courts Committee that the Sheriff be per-
mitted to seek bids for two new police cruisers to replace two cruisers
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which will be taken out of service.
Upon motion made by William H. Baker and seconded by Will L. Owings,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia, does herein authorize the Sheriff to seek bids for the purchase of
two new police cruisers to replace the two that have over 65,000 miles inas-
much as the Compensation Board will not participate in maintenance on vehicles
with more than 65,000 miles, with the stipulation that the Sheriff will apply
for two- thirds replacement funding from the State Compensation Board, said
monies to be taken from llAO -326A Census Survey and Reports $9,177 and from
11CO -110B Deputy County Administrator Salary $4,833.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, William H. Baker, Will L. Owings, Rhoda W. Maddox, Kenneth
Y. Stiles, and R. Thomas Malcolm.
SHERIFF AUTHORIZED TO HIRE COURTROOM SECURITY D EPUTY
Mr. Baker reported that the Finance Committee recommended that the
Sheriff be authorized to hire a courtroom security deputy for security pur-
poses.
Mr. Stiles stated that he wanted the record to show that he felt this was
a cheap shot when this position was not picked up by the Board in July inas-
much as .thisi :was. something• - which was 7 thenaasiissst ill::needdd.
Upon motion made by William H. Baker and seconded by Will L. Owings,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia, does herein authorize the Sheriff to hire a courtroom security
deputy fully funded by the County to meet security requirements set up by the
Court, at a cost of $3,250 from OJCO -110B for the period March 1 through June
30.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas
Malcolm, and Kenneth Y. Stiles.
PARKS AND RECREATION DEPARTMENT AUTHORIZED TO TRANSFER $5,000 TO REPLACE
VEHICLE
Mr. Baker stated that the Finance Committee recommended approval of the
request by the Parks and Recreation Department to transfer $5,000 to replace
a vehicle which had been totaled.
Mr. Stiles asked how many vehicles were assigned to the Parks and Recrea-
tion Department and Mr. Cheely replied there were 15 cars and 3 buses. Mr.
Stiles then stated that he did not feel the Department could utilize that many
vehicles.
Upon motion made by William H. Baker and seconded by Will L. Owings,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia, does herein approve the request of the Frederick County Parks and
Recreation Department to transfer funds in the amount of $5,000 from 18F6 -399A
to 18F4 -400A to replace a vehicle that was totaled.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, and R.
Thomas Malcolm. Nay - Kenneth Y. Stiles.
REQUEST TO ORDER EIGHT NEW SCHOOL BUSES - APPROVED
Mr. Baker stated that the Finance Committee recommended approval of the
request of the Supervisor of Transportation for the School Board to purchase
8 new school buses.
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Mr. Tom Sine, Supervisor of Transportation, appeared before the Board
and explained the request for the new buses, stating that they would replace
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some of the buses which are over 10 years old.
Upon motion made by William H. Baker and seconded by Will L. Owings,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick
Virginia, does herein approve the request of the School Board Supervisor for
Transportation to order eight new school buses at a cost of $16,668.59 each
to replace some of the buses that are over 10 years old, total cost to be
$133,348.72 and to be taken from the School Board's 1980 -1981 Transportation
Budget.
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The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas
Malcolm, and Kenneth Y. Stiles.
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MONTHLY STAFF REPORT - ACCEPTED
After review, the monthly staff report was accepted.
FIRST AND SECOND READINGS
The following items were presented for first and second readings:
CONDITIONAL USE "PERMIT NO. 001 -80 OF ROBERT W. KAPP AND BETTY JOAN
KERNS, P. O. BOX 809, WINCHESTER, VIRGINIA, 29.6125 ACRES, ZONED
AGRICULTURAL - LIMITED (A -1), REQUESTING A CONDITIONAL USE PERMIT
FOR A GARAGE. THIS PROPERTY IS DESIGNATED AS PROPERTY IDENTIFI-
CATION NUMBER SECTION 12, PARCEL 3B, IN THE GAINESBORO MAGISTERIAL
DISTRICT.
ZONING MAP AMENDMENT PETITION NO. 001 -80 OF RICHARD R. NEFF CONSTRUCTION
COMPANY, 3535 JONES ROAD, WINCHESTER, VIRGINIA, REQUESTING THAT 12.056
ACRES ON ROUTE 891 NOW ZONED AGRICULTURAL - GENERAL (A -2) BE REZONED
INDUSTRIAL- LIMITED (M -1). THIS PROPERTY IS DESIGNATED AS PROPERTY
IDENTIFICATION NUMBER SECTION 90, PARCEL 59A.
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING
ADOPTED JULY 12, 1978 TO AMEND SECTION 21 -16 (v) (7), SECTION 21 -16
(w), SECTION 21 -26 (x) (19), SECTION 21 -26 (y), SECTION 21 -35 AND
SECTION 21 -43.
AMENDED RESOLUTION REQUESTING RURAL ADD ITION IN FUNKHOUSER ADDITION -
APPROVED
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Upon motion made by R. Thomas Malcolm and seconded by Kenneth Y. Stiles,
WHEREAS, The abutting property owners on First Street and Royal Avenue,
roads lying south of Shawnee Drive which is State Route 778 in Shawnee
Magisterial District, have requested the addition of these streets into the
Secondary Highway Systems and,
WHEREAS, The Frederick County Road Viewers have reviewed these roads
recommend them for addition to the Secondary Highway System;
NOW, THEREFORE BE IT RESOLVED, That the Board of Supervisors of the
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County of Frederick, Virginia, does hereby approve the Road Viewers recommen
dation and requests that First Street and Royal Avenue, which runs from
Route 778 to Route 522, a total distance of .12 miles, serving six (6)
dwellings, be added to the Secondary System of State Highways pursuant to
Section 33.1 -229 of the Code of Virginia, 1950, as amended. The Board of
Supervisors guarantees an unrestricted 50 foot right -of -way with necessary
easements for cuts, fills and drainage recorded in Deed Book 183, Page 48.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Tho
Malcolm, and Kenneth Y. Stiles.
LETTER OF SUPPORT FOR LORD FAIRFAX EMS COUNCIL - APPROVED
Upon motion made by Kenneth Y. Stiles and seconded by R. Thomas Malcolm,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia, does herein authorize the Chairman to draft a letter of support to
the Lord Fairfax EMS Council relative to their activities to improve medical
care in this area, with the note that the Board expressed concern regarding
the possible requirements for excessive training of volunteer assistants and
further the possibility of a long range, bureaucratic enterprise being estab-
lished.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Will L. Owings, R. Thomas Malcolm, William H. Baker, R.
Thomas Malcolm, and Kenneth Y. Stiles.
UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED
THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN.
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Chai an, Bo r of Su rva..9 Secretary, Boar of Supervisors
A Regular Meeting of the Frederick County Board of Supervisors was held
on February 27, 1980, 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 Robert Jackson of the First
Presbyterian Church.
APPROVAL OF MINUTES
Upon motion made by R. Thomas Malcolm, seconded by Rhoda W. Maddox and
passed unanimously, the following amendments were made to the minutes: (1)
January 23rd Meeting - Page 6, the term of Donald E. Welch on the Parks &
Recreation Commission should be corrected to terminate on January 10, 1984 and
not January 10, 1983; Page 11, the motion to hire a clerk typist for the ex-
tension service was made by William H. Baker and not Kenneth Y. Stiles; (2)
January 30th Special Meeting should reflect that Mr. Stiles was absent.
Upon motion made by R. Thomas Malcolm and seconded by William H. Baker,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia, does herein approve the minutes of the Regular Meeting of January
23, 1980, the Special Meeting of January 30, 1980 and the Special Meeting
Meeting of February 6, 1980, as amended above.
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The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas
Malcolm, and Kenneth Y. Stiles.
INTRODUCTION OF MEMBERS AND LEADER - GIRL SCOUT TROUP #389
Mrs. Maddox introduced Mrs. Melanie Oates, Leader, and the following
members of Girl Scout Troup #389: Kathy McDonald, Gayle Stultz, Stacey Oate
Robin Morrison, Jane Stotler and Sarah McAllister. She advised that these
girls have been in scouting for the past 7 or 8 years, and at the present
time are working with her on their "My Government Badge "; that each year
they pot and deliver approximately 30 begonias, donated by Mr. and Mrs.
Thomas Malcolm to patients in the hospital. Mrs. Maddox stated that the gir
have worked with younger scouts, are all certified first aiders and will be-
come First Class Scouts, the highest award in Girl Scouting, in April. She
added that the girls have planned for, and earned, $3,500 for a two week
trip to Florida this summer.
CUP #025 -79 - POWLEN EQUIPMENT COMPANY, INC. - SHAWNEE DISTRICT -
rnnnn1,on
Mr. Riley presented the request for conditional use permit of Powlen
Equipment Company,.Inc., stating that the Planning Commission recommeded
approval of said request with the condition that it be reviewed and renewed
annually by the staff provided all conditions thereon have been met.
Mr. Lee Potterfield appeared before the Board representing Powlen
Equipment Company, and stated that they understood the conditions and agreed
therewith.
Mr. Malcolm stated that he had heard no negative comments in his distr
regarding this request for conditional use permit.
Upon motion made by R. Thomas Malcolm and seconded by Kenneth Y. Stiles
BE IT RESOLVED, That the Board of Supervisors of the County of Frederic
Virginia, does herein approve the following request for conditional use per-
mit, on third and final reading, with the stipulation that the permit be
reviewed and renewed annually by the staff provided all conditions placed
thereon have been met:
CONDITIONAL USE PERMIT NO. 025 -79 OF POWLEN EQUIPMENT COMPANY, INC.,
1000 AIRPORT ROAD, WINCHESTER, VIRGINIA, REQUESTING A CONDITIONAL USE
PERMIT FOR A CONSTRUCTION EQUIPMENT DISTRIBUTORSHIP AND SALES OFFICE.
THIS PROPERTY IS DESIGNATED AS PROPERTY IDENTIFICATION NUMBER 64 -055
(A) IN SHAWNEE MAGISTERIAL DISTRICT.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thoma;
Malcolm, and Kenneth Y. Stiles.
T MEETING WITH THE FRE
GHWAYS &
)MMISSION AND THE
Mr. William Bushman, Resident Engineer with;.the Virginia Department of
Highways and Transportation, appeared before the Board and stated that be-
cause of the gasoline situation they are encountering problems in putting
together an updated revised six year plan. He stated that they had been
advised by the central office of the revised allocations which make the
situation quite different than it was two years ago when the plan was origin-
ally adopted. He stated that they would like to meet with the Board, or
their duly desginated representatives, to discuss this matter in order to
determine how to proceed.
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Mr. Koontz stated that the Board would request the Highway Department
representatives to meet with the Planning Commission and the County Transpor-
tation Safety Commission in order to formulate a recommendation for the Board
of Supervisors. He added that the Board wanted to tie the road projects into
the goals of Frederick County.
Various priorities set forth in the six year plan were discussed, i. e.
the bridge on Route 681, Valley Mill Road (Rt. 659), Rt. 622 and Rt. 654.
Mr. Stiles requested that the projected traffic volume figures on Route 622
be forwarded to the Planning Commission and the County Transportation Safety
Commission for their information inasmuch as this project has been reduced
from four lanes to two lanes because of a reduction in traffic count.
Mr. Langdon Gordon, Chairman of the Planning Commission stated that the
Planning Commission wanted to be aware of the procedures to follow in planni
and zoning to coincide with the highway system.
Mr. James White, County Administrator, stated that he felt the Planning
Commission should consider the road development plan as it relates to the
land use goals.
A meeting was scheduled for March 18, 1980 at 7:00 P. M. in the Board of
Supervisors' Meeting Room, for the Planning Commission and the County Trans-
portation Commission to meet with the Virginia Department of Highways and
Transportation to discuss the six year plan in order to formulate recommenda-
tions for the Board of Supervisors.
Mr. Frank Brumback suggested that the County work jointly with-.the City
on Route 622 project inasmuch as it would affect both jurisdictions and Mr.
Koontz requested the Planning Commission to contact the City to request their
input on this matter.
Mr. Bushman asked if the Board wanted the Highway Department to continue
right -of -way acquisition on the Route 681 project and Mr. Koontz requested
that -this project be held in abeyance for the present time.
Mr. Bushman then advised that the Highway Department had adopted some
revised subdivision standards for secondary roads and they would hold local
meetings to familiarize the public with these changes.
Mr. Koontz thanked the Planning Commission .and _Highway.Department for a
meeting withithe Board and requested that there be close coordination between
these two groups and the Board of Supervisors before any action is taken on
any roads in the future.
PLANNING COMMISSION 1980 PLAN OF WORK REVIEWED
Mr. Gordon advised that the Planning Commission's 1980 Plan of Work is
being submitted to the Board of Supervisors in order that they might be aware
of the projects the Planning Commission is working on. He stated that the
Planning Commission felt there first priority was the most important, but
the others could be rearranged if the Board so desired. There followed a
brief discussion regarding the establishment of an agricultural district,
the downzoning project and the capital improvements project. Mr. Koontz
advised that the agricultural district committee would be discussed at the
next meeting. Mr. Gordon advised that the Planning Commission is proceeding
with the downzoning project and is attempting to get things in order to have
a joint meeting with the Board prior to public hearing; that he felt it would
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be approximately two weeks before they are ready for this meeting.
Mr. Riley stated that he felt the five year capital improvements program
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is crucial and should be started as soon as possible. Mr. White advised that in
the next few weeks he would be submitting work programs and priorities to the
Board of Supervisors and some of them would involve the capital improvements
program.
Mr. Koontz thanked the Planning Commission for presenting their work
program and commended them for their work on the downzoning project.
JOHN PROSSER ADDRESSED BOARD RE: REFUND, TOAN VS. FREDERICK COUNTY
Mr. Prossor, Attorney representing Douglas Toan, appeared before the Board
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and presented the following claim for refund for building permit fees:
CLAIM AND /OR DEMAND PURSUANT TO
SECTION 15.1 -554, CODE OF VIRGINIA 1950,
AS AMENDED
Pursuant to Section 15.1 -554, Douglas R. Toan presents this claim to the
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Frederick County Board of Supervisors as follows:
1. Douglas R. Toan paid, under protest, the sum of TWO THOUSAND EIGHT
HUNDRED EIGHTY DOLLARS ($2,880.00), on March 14, 1979 the sum of TWO THOUSAND
EIGHT HUNDRED EIGHTY DOLLARS ($2,880.00) on July 14,1979 and TWO THOUSAND
EIGHT HUNDRED EIGHTY DOLLARS ($2,880.00) on September 5, 1979 totaling EIGHT
THOUSAND SIX HUNDRED FORTY DOLLARS ($8,640.00), all such sums being paid in
accordance with the Frederick County Building Permit Fee Schedule 6 -3.
2. Douglas R. Toan claims herewith that such ordinance (Section 6 -3 as
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aforesaid) is void and of no effect being unconstitutional, illegal, arbitrary,
contrary to statute and is, in fact, an illegal tax bearing no reasonable
relationship to the inspection services required to be performed. The amount
of the "fee" is grossly excessive, and unreasonable.
3.. Douglas R. Toan hereby presents to the Frederick County Board of
Supervisors his claim for a refund of $8,640.00, the amount of money he has
paid under protest pursuant to the unconstitutional, illegal arbitrary and
unreasonable Building Permit Fee Schedule, Section 6 -3 of the Code of Frederick
County. Toan demands a full refund of $8,640.00 forthwith.
4. Toan further demands that the Frederick.County ' =SUper-vksors..
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declare as null and void, of no further effect, Section 6 -3 of the Code of
Frederick County on the grounds that it is, in truth, an illegal tax, unauthor-
ized by statute, not a fee for reasonable inspection services, and as such is
unconstitutional, violative of statute, illegal. It bears no reasonable
relation to the inspection services contemplated to be performed and should be
nullified.
5. Douglas R. Toan respectfully requests that the Board of Supervisors
of Frederick County act forthwith upon this, his claim and demand pursuant
to Section 15.1 -544, 1950 Code of Virginia, 1950, as amended.
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DOUGLAS R. TOAN
By /s/ John Prosser
Counsel
DATE: February 15, 1980
Mr. Prosser stated that Mr. Toan is a contractor who has built shell ware-
houses on concrete slabs which are large but are not complicated insofar as
inspections are concerned. He stated that Mr. Toan is requesting a refund of
the building permit fees he has paid and further that the Board take some action
on the ordinance in order that it might reflect the work required to make the
inspections on these buildings. He stated that through research they had found
several jurisdictions in which the fees are much cheaper than Frederick County,
i.e. Henrico County, Chesterfield County, Hanover County, the City of Winchester
and the City of Richmond.
The Chairman referred this request to the Finance Committee and the Committee
on Engineering and Code Enforcement for study and recommendation and requested
that Mr. Prosser and Mr. Toan meet with these committees if they so desired.
APPOINTMENTS:
HERMAN GODLOVE APPOINTED TO CAPITAL FACILITIES COMMITTEE
Upon motion made by Kenneth Y. Stiles and seconded by R. Thomas Malcolm,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia, does herein appoint Mr. Herman Godlove to serve as the representative
from Stonewall District on the Capital Facilities Committee for a term of one
year, said term to commence on January 1, 1980 and terminate on December 31, 1980.
The above resolution was passed by the following recorded vote: Aye - S.
Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malco
and Kenneth Y. Stiles.
BERNARD SCHWARTZMAN APPOINTED TO ASAP ADVISORY COMMITTEE
Upon motion made by Kenneth Y. Stiles and seconded by William H. Baker,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia, does herein appoint Mr. Bernard Schwartzman to serve as the representa-
tive from Stonewall District on the ASAP Advisory Committee to fill the unexpired
term of Charles E. Boyd which term expires August 23, 1982.
The above resolution was passed by the following recorded vote: Aye - S.
Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malc
and Kenneth Y. Stiles.
CHAPTER 10 BOARD ANNUAL REPORT PRESENTED
Mr. David Schwemer, Executive Director of the Northwestern Community Mental
Health and Mental Retardation Services Board appeared and presented the annual
report of the Chapter 10 Board, a copy of which is on file in the office of the
County Administrator. He presented a brief history of the Chapter 10 Board for
the benefit of the new Board members and outlined several of the services they
provide and some of the programs they plan to implement in the future.
Catherine Monte, Mr. Robert Sowers, and Mr. James Sumption, each of whom described
Mr. Schwemer then introduced the Frederick County members on the Board, Mrs.
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some of the programs offered by the Chapter 10 Board, i.e., the hot -line program,
the self -care program, the toy library, and the group home for retarded adults.
Mr. Schwemer stated that they are now working on one project with ASAP and
he felt this was a step toward bringing the two agencies closer together.
Mr. Stiles expressed appreciation on behalf of the Board of Supervisors
to the Chapter 10 Board and noted that this is one of the few programs which he
had heard criticized very little due to Mr. Schwemer's leadership and the in-
volvement of the Chapter 10 Board members.
BOARD RETIRES INTO EXECUTIVE SESSION
Upon motion made by Kenneth Y. Stiles, seconded by Rhoda W. Maddox and
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passed unanimously, the Board retired into Executive Session in accordance with
Section 2.1 -344, Subsection (a) (6) of the Code of Virginia, 1950, as amended
to discuss legal matters.
BOARD WITHDRAWS FROM EXECUTIVE SESSION
Upon motion made by R. Thomas Malcolm, seconded by Rhoda W. Maddox and
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passed unanimously, the Board withdrew Executive Session.
BOARD RECONVENES INTO REGULAR SE
Upon motion made by R. Thomas Malcolm, seconded by Rhoda W. Maddox and
passed unanimously, the Board reconvened into Regular Session.
SITE PLAN - T. G. SCULLY - OPEQUON DISTRICT - APPROVED
Upon motion made by Will L. Owings and seconded by Kenneth Y. Stiles,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia does herein approve Site Plan #032 -78, dated January 24, 1979, of T.
G. Scully for a grocery store operation off Route 277 in the Opequon Magisteriall
District as recommended by the Planning Commission.
The above resolution was passed by the following recorded vote: Aye -
Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm, and
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Kenneth Y. Stiles
TAX RELIEF FOR
COMMITTEE FOR
FINANCE
Abstaining - S. Roger Koontz.
LIMIT
Upon motion made by Kenneth Y. Stiles and seconded by Will L. Owings,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia, does herein refer to the Finance Committee, for study and recommenda -'_
tion and possible inclusion in the upcoming budget, the proposal to amend the
income limit for tax relief for the elderly from $7,500 to $9,000/$10,000
and the possible impact this might have upon said budget.
The above resolution was passed by the following recorded vote: Aye -
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S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas
Malcolm,<and Kenneth Y. Stiles.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT
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THE
BOARD
OF
SUPERVISORS DO NOW ADJOURN.
Ch
d of uper rs
Boa
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Secretary, B d of Supervisors