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HomeMy WebLinkAboutMarch 12, 1980 to April 23, 1980,M] A Regular Meeting of the Frederick County Board of Supervisors was held on March 12, 1980, in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: S. Roger Koontz, Chairman; Will L. Owings, Vice - Chairman; Rhoda W. Maddox; R. Thomas Malcolm and Kenneth Y. Stiles. ABSENT: William H. Baker CALL TO ORDER The Chairman called the meeting to order. INVOCATION The Reverend Michael G. Parker of the First Baptist Church delivered the invocation. APPROVAL OF MINUTES Mr. Malcolm stated that on Page 5 of the minutes of February 13, 1980, the resolution of appointment of Mr. M. D. Palumbo to the Capital Facilities Committee should indicate a unanimous vote of approval by the Board; that the votes cast by he and Mr. Stiles were omitted. The Board concurred with this correction. 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 approve the minutes of the Special Meeting held on February 6, 1980 and the Regular Meeting held on February 13, 1980 as corrected above. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. AMENDED AGENDA APPROVED Mr. White stated that Mr. Baker had informed him that he would be unable to attend the meeting but had two appointees -for the Agricultural Advisory Committee which he would like considered. Mr. Owings and Mr. Stiles advised that they too had appointments to recommend. Mr. Malcolm requested that the recently received auditor's report regard- ing fixed assets in the Sheriff's Department be noted in the record and con- sidered after Committee recommendations on the agenda. Upon motion made by R. Thomas Malcolm, seconded by Kenneth Y. Stiles and passed unanimously, the Board adopted the agenda for the Regular Meeting of March 12, 1980 with the amendments as set forth above. COUNTY OFFICIALS is Director - trol Proqram Application for Gr Mr. Stan Pangle, Public Works Director, appeared before the Board and requested approval of the application for renewal of the grant for the litter control program. He presented a brief report on the results of the 1979 pro- gram. Mr. Stiles asked if the two CETA positions set forth to carry out the pro- gram were new and Mr. Pangle replied they were not but were positions the County already has and are not yet filled. • 1 • • • 1 335 Mr. Malcolm stated that he was in favor of the program; that the two or three roads in his district which lead to the landfill bear the brunt of the litter problem and he felt this program was a necessary function. Mr. White requested that his name be corrected to read "James M. White" [1 in the resolution and the Board concurred. Upon motion made by R. Thomas Malcolm and seconded by Kenneth Y. Stiles, WHEREAS, The Frederick County Board of Supervisors recognizes the exist- ence of a litter problem within the boundaries of Frederick County; and, WHEREAS, The Virginia Litter Control Act of 1976 provides, through the • Department of Conservation and Economic Development, Division of Litter Control, for the allocation of public funds in the form of grants for the purpose of enhancing local Litter Control Programs; and, WHEREAS, Having reviewed and considered the regulations and the applica- tion covering administration and use of said funds; and, WHEREAS, The County is currently engaged in a Litter Control Program through 1979 funding; and, BE IT FURTHER RESOLVED, That the Frederick County Board of Supervisors 1 hereby endorses and supports such a program for Frederick County as is in- dicated in the attached Application Form LC -G1; and, hereby authorizes James M. White, County Administrator, to plan, budget, and apply for a grant, which if approved, will be used to fund said Program; and, BE IT FURTHER RESOLVED, That the Board hereby recuests the Department of Conservation and Economic Development, Division of Litter Control, to con- sider and approve said application and program, said program being in accord with the Regulations governing use and expenditure of said funds. The above resolution was passed by the following recorded vote: Aye - • S. Roger Koontz, Will L. Owings, Rhoda W. Maddox, R. Thomas Malcolm, and Kenneth Y. Stiles. UNFINISHED BUSINESS Agricultural Advisory Board Appointments - Approved Upon motion made by Will L. Owings and seconded by Rhoda W. Maddox, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,j Virginia, does herein appoint the following individuals to serve on the Agricultural Advisory Board for Frederick County: John Watt, Jr. Walter G. Baker James Douglas Jack Jenkins Carl Ay Will L. Owings Gregory Hewitt Colonel Al Myers, Alternate James Garrett Winston Huffman • The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, Rhoda W. Maddox, R. Thomas Malcolm, and Kenneth Y. Stiles. REAPPOINTMENT OF ALLEN JOBE TO FREDERICK COUNTY SANITATION AUTHORITY - 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,1'i 1 Virginia, does herein reappoint Mr. Allen Jobe to serve as the representative Z rom Stonewall District on the Frederick County Sanitation Authority for a term of four (4) years, said term to commence on April 15, 1980 and terminate on April 15, 1984. 336 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. APPOINTMENT OF MRS. JAMES C. SMITH TO ANIMAL CARE COMMITTEE - 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 appoint Mrs. James C. Smith to serve as the representat- tive from Opequon District on the Animal Care Committee for a term of one (1) 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, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. APPOINTMENT OF DOUGLAS C. LEGGE TO STREAM STANDARDS COMMITTEE - 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 appoint Mr. Douglas C. Legge to serve as the representa- tive from Opequon District on the Stream Standards Committee for a term of one (1) year, said term to commence on January 1, 1980 and terminate on Decem- ber 31, 1980. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, R. Thomas Malcolm, Rhoda W. Maddox and Kenneth Y. Stiles. REAPPOINTMENT OF JA APPROVED Y, JR. .APIT FACILITIES 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 reappoint Mr. James W. Golladay, Jr. to serve as a re- presentative from Frederick County on the Joint 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, Rhoda W. Maddox, R. Thomas Malcolm, and Kenneth Y. Stiles. PUBLIC HEARINGS CUP #001 -80 - ROBERT W. KERNS, ET UX - GAINESBORO DISTRICT - WITHDRAWN The Chairman announced that the conditional use permit request of Robert W. Kerns, et, ux, in Gainesboro District, for a garage had been withdrawn. ZMAP #001 -80 - EFF CONSTRUCTION COMPANY - Mr. Stiles stated that inasmuch as the Planning Commission had tabled the rezoning request of Richard R. Neff Construction Company, he felt it would be appropriate for the Board to also table the matter at this time. Mr. Riley stated that the Planning Commission would hear this matter again at their March 19, 1980 meeting. 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 table the rezoning request of Richard R. Neff Construc- tion Company to rezone 12.056 acres in Opequon District from A -2 to M -2 until the March 27, 1980 meeting of the Board. f I • 1 • • F_ 11 L The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. Mr. Stiles stated that regarding the two public hearings above, the ' rezoning request had generated some controversy and he would suggest that Board Members familiarize themselves with ithis property. He advised that insofar as the conditional use permit request is concerned, the Planning Commission intends to develop an amendment to the ordinance regarding public garages in A -1 and A -2 districts which would be presented to the Board for consideration in the very near future. SITE PLAN #022 -79 - WINCHESTER ELECTRIC - SHAWNEE DISTRICT - APPROVED II Mr. Riley presented the Site Plan of Winchester Electric and stated that the P • lanning Commission recommended approval. Mr. Stiles stated that the parking area appeared to be excessive and Mr. Riley advised that some of the parking area is planned for future use. There was no opposition. 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, ' Virginia, does herein approve Site Plan #022-79 of Winchester Electric to construct an 8,400 square foot building, with parking and entrance, for • the repair replacement of electrical equipment on the property immediately west of Route 522 South and east of I -81 in the Shawnee Magisterial District. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, R. Thomas Malcolm, Rhoda W. Maddox and Kenneth Y. Stiles. COMMITTEE REPORTS Finance Committee Report Mr. Owings presented the Finance Committee Report and the following action was taken: Fiscal Year 1981 Budget Report • Mr. Owings stated that the Committee has been actively engaged in the ' evaluation of the expense budgets for the General Fund County agencies and had met with various department heads and reviewed proposed budgets. He advised that the Committee intends to meet additional dates to finish review of the budget and will be presenting a report and recommendation as soon as possible to the Board. Recommendation for the Sale of Surplus Property - Sheriff's Department - Approved Mr—Owings stated that the Committee had reviewed a list of several • surplus items from the Sheriff's Department and recommended sale of same. 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 the sale of the following surplus property from the Sheriff's Department: Three (3) 1974 Plymouths One (1) 1970 Ford Van ' One (1) 1966 V. W. Bus Eleven (11) 38 Special police revolvers with the stipulation that said revolvers be offered for sale exclusively to other law enforcement agencies and not to the general public. 33-7 E 338 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, Rhoda W. Maddox, R. Thomas Malcolm, and Kenneth Y. Stiles. Capital Facilities Committee Report Mr. Malcolm stated that the Capital Facilities Committee recommended the establishment of a subcommittee to work exclusively with;:the City representa- tives on the joint courts facility project. Upon motion made by R. Thomas Malcolm and seconded by Kenneth Y. Stiles, BE IT FURTHER RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein agree to the establishment of a Court Facilities Subcommittee of the Joint Capital Facilities to be comprised of R. Thomas Malcolm, Chairman; Kenneth Y. Stiles; George B. Whitacre; Richard G. Dick and James M. White to work exclusively with the City on the joint courts facility project. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. Mr. Malcolm reported that the Joint Committee had established an Executi Committee comprised of the joint chairmen and the chief administrative officers and that said Committee had been requested to prepare Request for Proposals to aid the Committee in the selection of an architect, which process will take at least 90 days. Mr. Stiles asked whether or not the County Capital Facilities Committee was to proceed apace regarding the overall capital facilities needs of the County or work only on the courts project and Mr. Koontz advised that he felt all capital facilities in which Frederick County is now involved, or may become involved in in the future, should be studied by the Capital Facilities Committee. • • Mr. White advised that within a few weeks he hoped to present a staff program which would include capital improvements needs. Mr. Stiles asked if the program would include schools and Mr. White replied that he wanted this program to be as comprehensive as possible and the Board should be aware of all projects inasmuch as they are ultimately responsible for funding. AUDITOR OF PUBLIC )RT RE: SHERIFF' FIXED A 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, Virginia, does herein acknowledge the report received from the Auditor of Public Accounts relative to fixed assets in the Sheriff's Department, a copy of which is on file in the Off -ice of the County Administrator. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles . CORRESPONDENCE The following correspondence was noted: 1. York County - Letter of thanks for support of request to the General Assembly for financial support for their Bicentennial Celebration. 2. Northwestern Community Services Board - Fiscal Year Audit 1979 3. Virginia Department of Highways and Transportation - Willingness to hold public hearing, Route 604. 4. Division of Justice and Crime Prevention Plan • i1 339 L • r � U 5. James Wood High School - Apple Pie Ridge Campus - Architect's Application and Certification for Payment (January 25 through February 25) 6. Department Reports - On file for review in the County Administrator' Office Mr. Owings stated that he felt Item #5 regarding the new high school was worthless and did not tell the Board anything. Mr. Stiles requested an itemized statement of equipment which has been ordered, purchased, or will be transferred. Mr. Stiles stated that regarding the department reports, he would request that the Inspections Department and the Planning & Development Department submit quarterly summaries to be included in the agenda for reference and Mr. White advised that it was his intention to restructure these reports and have them submitted on a quarterly basis. APPOINTMENT OF HAROLD NICHOLS TO THE EXTENSION ADVISORY COMMITTEE - APPPOWPn 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 appoint Mr. Harold Nichols to serve as the representative from Opequon District on the Extension Advisory Committee for a term of one (1) 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, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. RESTRUCTURING OF BOARD MEETINGS DISCUSSED Mr. Stiles stated that he had requested a joint meeting with the school board to discuss long range building plans before said plans are developed inasmuch as he felt there were very serious areas which need to be conside He suggested that perhaps semi- annual meetings with the school board could be scheduled. Mr. White stated that one of the things he wanted to discuss with the Board at the next meeting, is the proposal to try and shift as much of the routine business of the Board as possible to one meeting and reserve the second meeting as a work session wherein the Board could meet with many of the organizations they do not now meet with regularly. The Board concurred with this proposal. BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by R. Thomas Malcolm, seconded by Kenneth Y. Stiles and passed unanimously, the Board retired into Executive Session in accord- ance 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 and seconded by Kenneth Y, Stiles and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESS Upon motion made by R. Thomas Malcolm, seconded by Rhoda W. Maddox and passed unanimously, the Board reconvened into Regular Session. 340 ANNOUNCEMENT CHARLES HOTT ELECTED CHAIRMAN OF PARKS & RECREATION COMMISSION Mr. Stiles announced that Mr. Charles Hott had been elected Chairman of the Parks & Recreation Commission election. He congratulated Mr. Hott on said UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. :1 l zoit� x tom S,ebretary, Board of Supervisors r1 L J A Regular Meeting of the Frederick County Board of Supervisors of the County of Frederick, Virginia, was held on March 26, 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 Alan Bauer of the New Convenant Church. CALL TO ORDER The Chairman called the meeting to order. AMENDED AGENDA 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 approve the request of Mr. Stiles that the agenda be amended to include the following items: 1. Nomination to the School Board from Stonewall District 2. Matter pertaining to the Planning Commission 3. House Bill #638 now before the Governor for his signature pertaining to Constitutional Officers salaries Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, The above resolution was passed by the following recorded vote: R. Thomas Malcolm, and Kenneth Y. Stiles. SITE PLAN - BLUE RIDGE MOBILE HOME PARK - APPROVED Mr. Riley presented this site plan request and stated that the Planning Commission had recommended approval. There was no opposition. Mr. Malcolm moved for approval of this site plan with the stipulation that the Public Works recommendation be included, which stated that the developer is reminded that the area around the trailer should be extended to a minimum six foot flat area with 3 to 1 slope. Upon motion made by R. Thomas Malcolm and seconded by William Baker, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the site plan of Blue Ridge Mobile Home Park, #012 -771, Section V, with the stipulation that the Developer should extend the area around the trailer to a minimum of six feet flat area with 3 to 1 slope, as recommended by the Public Works Department. • • 341 The above resolution was passed by the following recorded vote: Aye - u S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm, and Kenneth Y. Stiles. ES P its] members of the Planning Commission and they had expressed concern about the drainage problems that would be caused by the run off water caused by high density development. This run off would affect Merriman's Lane and furthermore he did not like the idea of a shopping mall being built between the two high school campuses. CNG MALL Or IDE OF Mr. Stiles stated that he had discussed this proposed shopping mall with • Mr. Stiles referred to a joint study that was done in 1978 concerning this proposed mall and the fact that this drainage problem was mentioned in this report. After discussion, it was agreed upon that Mr. Riley would appear before the City Planning Commission meeting on March 27th and request that they give due consideration to the joint study that had been done in 1978 and state the county's concern about the site location for this proposed mall. 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, 0 Virginia, does herein express its concern to the City of Winchester to'the site of the proposed mall on Amherst Street extended, adjacent to Route 37, inasmuch as they feel it could create a drainage problem on Merriman's Lane and they object to having a shopping mall located between the campuses of the two high schools. 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. HOUSE BILL #638 DISCUSSED Mr. Stiles stated that he was opposed to House Bill #638 that is now before the Governor for his signature. This bill provides significant pay increases for specified Constitutional Officers. He further stated that this would put their salaries way out of line with other county employees and he questioned if this is the fair thing to do. Mr. Koontz stated that this was a companion bill of HB #559 and that he had been in touch with the area representatives concerning this bill and that they all felt it was a good bill. Mr. Malcolm stated that he had not seen a copy of this bill and did not • feel he could comment on it until such time as he had a chance to review it. Mr. Stiles requested that the County Administrator secure copies of this bill in order that each board member might have a chance to review it, at which time they would send their comments to the County Administrator and he would in turn convey these comments to the Office of the Governor. 'S NAME IS PLACED IN NOMINATION TO THE FREDERI ADJACENT SCHOOL Mr. Stiles stated that he would like to place the name of Charles Hott in nomination for the position on the Frederick County School Board from Stonewall District. 342 He further stated that Mr. Hott had served on the School Board for two years filling an unexpired term and that he felt he had done an outstanding job during this time. Upon motion made by Kenneth Y. Stiles and seconded by Mr. Will L. Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein accept the nomination of Charles Hott to the Frederick County School Board, from Stonewall District, said nomination to be tabled for a period of 60 days at which time the board will vote on this nomination. This will be done at the second board meeting in May (May 28th). 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. WORK SESSION - RE: SITE PLAN APPROVAL PROCEDURES Mr. Riley appeared before the Board and stated that his department is currently experiencing problems with processing site development plans, and that this particular area of concern has developed through past administrative proced on referring certain site plans to the Planning Commission and the Board of Supervisors and administratively approving other site plans. Mr. Riley further stated that his department suggests and the Planning Commission concurs that the review process not require approval from the Board of Supervisors as the final step. The review process could be redesigned to in- clude the Planning Commission as the final step. Only if the applicant and the Planning Commission cannot come to an agreement, then the decision would be appealable to the Board of Supervisors for a resolution. Mr. Owings requested that each board member be kept abreast of any site plan request that should come up in their respective districts. Mrs. Maddox stated that she would like to be kept informed of all site plan requests, not just those that were in her district. Mr. Riley stated that he would like for each board member to come to his office and review these site plans as they are presented to him for approval. The Board concurred with Mr. Riley's suggestions. Necessary ordinance amendments will be prepared for presentation and public hearing. DISCUSSION OF PARKING & LOADING REQUIREMENTS AS CONTAINED IN PRESENT ZONING ORDINANCE Mr. Riley proposed the following amendments that he feels will alleviate four specific problems faced by his department in administering the Zoning Ordinance: 1. The Amendments will bring:.much_ greater clarity to_the rules_urnder which any interpretation of the regulations are made. Under the present regulations there are no formal rules 2. The Amendments will greatly expand the scope of the specific uses list, thereby reducing the need for interpretation by the administrator. 3. The Amendments will increase the flexibility of surfacing requirements to take care of different types of uses and situations. 4. The Amendments will, for the first time, include in the ordinance some specific design criteria for the location, size, and spacing of curb cuts onto public roads. These design criteria will begin to give the County an explicit policy with which to control potentially dangerous access problems on public roads. Mr. Stiles stated that he felt some allowance should be given to the smaller business concerning these surfacing requirements, inasmuch as he did not feel • • • • 09 they should have to black top their parking areas. It was agreed the specific ordinance amendments would be refined and pre- sented to the Planning Commission and Board for public hearing and action. AREAS OF CONCERN Mr. Malcolm stated that he felt there was a definite area of concern with the County landfill, and the condition of the dumpsters at the different loca- tions throughout the County, and that he felt the landfill would have to be reopened on Sundays. Mr. White noted he would check into the landfill situation with the Public u Works Director. BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker, and passed unanimously, The Board retired into Executive Session in accordance with Section 2.1 -344, Subsection (a)(1) of the Code of Virginia, 1950, as amended to discuss personnel matters. BOARD WITHDRAWS FROM EXECUTIVE SESSION • Upon motion made by R. Thomas Malcolm, seconded by William H. Baker and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by R. Thomas Malcolm, seconded by Kenneth Y. Stiles and passed unanimously the Board reconvened into Regular Session. UPON MOTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED 0 C er Board of Supervisors A Regular Meeting of the Frederick County Board of Supervisors was held on THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. the 9th day of April, 1980, in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT: S. Roger Koontz, Chairman; Will L. Owings, Vice Chairman; William is H. Baker; Rhoda W. Maddox; R. Thomas Malcolm; and Kenneth Y. Stiles. CALL TO ORDER The Chairman called the meeting to order. APPROVAL OF MINUTES Upon motion made by Will L. Owings and seconded by William H. Baker, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, J Virginia does herein approve the minutes of the Regular Meeting on February 27, 1980 and the Regular Meeting of 'March 12, 1980 as submitted. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, William H. Baker, Rhoda W. Maddox, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles 344 ADOPTION OF AGENDA Mr. James M. White, County Administrator, requested that the agenda be amended to include the following items: (1) Correspondence from the Planning Commission regarding work session with the Board on down zoning; (2) A memorandum from the Planning and Development Director regarding a lot line adjustment in Ash Hollow Estates; and (3) A resolution closing the County offices on May 2nd in observance of Apple Blossom in order that the Clerk of the Circuit Court might obtain a court order to close his office on said date. Mr. Stiles requested that an Executive Session to discuss personnel be added to the agenda. Upon motion made by Will L. Owings, seconded by Kenneth Y. Stiles and passed unanimously, the Agenda was adopted with the above amendments. COUNTY OFFICIALS REAPPOINTMENT OF DONALD R. HODGSON TO SANITATION AUTHORITY - APPROVED 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, Virginia, does herein reappoint Mr. Donald R. Hodgson to serve as the representative from Shawnee Magisterial District-on the Frederick County Sanitation Authority for a term of four (4) years, said term to commence.on April 15, 1980, and terminate on April 15, 1984. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, William H. Baker, Rhoda W. Maddox, Will L. Owings, R. Thomas Malcolm and Kenneth Y. Stiles. COUNTY OFFICES TO BE CLOSED MAY 2ND IN OBSERVANCE OF APPLE BLOSSOM FESTIVAL 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 direct that all County offices will be closed on Friday, May 2, 1980, in observance of the Apple Blossom Festival. 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. ASH HOLLOW ESTATES - STONEWALL DISTRICT - LOT LINE ADJUSTMENT - APPROVED Mr. Riley presented the request for lot line adjustment of Ash Hollow Estates stating that this would adjust the line one foot in order to meet set back require- ments in accordance with Virginia Housing and Development Authority guidelines. There was no public comment. 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 approve the request for lot line adjustment of one (1) foot on eight townhouse units, located in Section B of Ash Hollow Estates in Stonewall 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. Thomas Malcolm, and Kenneth Y. Stiles. WORK SESSION WITH PLANNING COMMISSION SCHEDULED FOR MAY 21, 1980 Mr. Riley presented a request from the Planning Commission for a joint work • J • • • 345 session with the Board to discuss the proposed comprehensive downzoning in the County in order that they might receive direction and proceed with the advertise- ment for public hearing of the plan. Following a brief discussion, the date of May 21, 1980, at 7:00 P.M. was set for the joint work session with the Planning Commission. BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and pas u 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 a legal matter. 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. PUBLIC HEARINGS CUP #002 -80 - ROADWAY EXPRESS, INC. - REFERRED BACK TO PLANNING COMMISSION 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 refer Conditional Use Permit Request No. 002 -80 of Roadway Express, Inc. back to the Planning Commission in order that proper conditions to be placed thereon might be recommended and does direct that the public hearing on this request be continued at such time as the Planning Commission recommenda- tions are received. The above resolution was passed by the following recorded vote: Aye - S. u Roger Koontz, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm, Will L. Owings and Kenneth Y. Stiles. ZMAP #002 -80 - .ALBERT L. NICHOLSON - TABLED The Chairman announced that ZMAP #002 -80 of Albert L. Nicholson had been tabled by the Planning Commission and therefore would not be heard by the Board of Supervisors until the Planning Commission recommendations are received. Mr. Stiles suggested that items tabled by the Planning Commission not be placed on the Board agenda. The Board and staff concurred. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, ADOPTED JULY 12, 1978 TO AMEND SECTION 21- 120(u) - THIRD AND FINAL READING - APPROVED • U Mr. Riley stated that the purpose of the proposed amendment to Chapter 21 of the Zoning Ordinance is to allow the storage of petroleum products which are non - volatile in nature. He added that the zoning ordinance currently allows petroleum refining, including by- products, in an M -2 (Heavy Industrial) Zone; that this would increase the flexibility of light industrial uses which are not flammable or explosive in nature. Mr. Riley advised that the amendment had been requested by the applicant inasmuch as there is not a provision in the ordinance which permits the storage of products of this nature in M -1 zoning. He stated that the Planning Commission recommended approval of the amendment. ItE Mr. Robert C. Tullius and Mr. F. L. Largent, Jr., Attorney, appeared before the Board and Mr. Tullius explained the business he intends to locate on his property should the amendment to the ordinance be approved. He advised that he would be storing lubricants which would not be dangerous to adjoining properties nor would it increase their insurance rates. He added that he would also operate an automotive research business thereon. Mr. Tullius compared the flash point of his product those of other petroleum by- products stating that lubricants are not classified as flammable even though they are a by- product of petroleum. Mr. Stiles stated that the only question of concern in the Planning Commission was whether or not there should be a provision for below - ground storage tanks and it was the opinion of the majority of the Planning Commission members that this was not necessary. There was no public comment. 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 approve the following ordinance amendment, on third and final reading: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, ADOPTED JULY 12, 1978, TO AMEND SECTION 21- 120(u) This ordinance shall be in full force and effect upon adoption by the Board of Supervisors of Frederick County, Virginia. Section 21- 120(u) -'Storage of non - volatile liquid lubricants used for primary lubrication of machinery such as autos, trucks, construction equipment and manufacturing. 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. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, ADOPTED JULY 12, 1978, TO AMEND SECTION 21- 16(v)(8) AND SECTION 21- 26(x)(20) - THIRD Mr. Riley presented the proposed amendment to the Frederick County Code conditional use permit. He advised that the Planning Commission unanimously recommended approval of this amendment. stating that this amendment would permit garages in agricultural zones with a There was no public comment. 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 following ordinance on third and final reading: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING ADOPTED JULY 12, 1978, TO AMEND SECTION 21- 16(v)(8) AND SECTION 21- 26(x)(20) Section 21 -16 (v)(8) to Read: Garage Public - Provided that the following conditions shall be met: - All repair work shall take place entirely within an enclosed structure. - All exterior storage of parts and equipment shall be screened from view of surrounding properties by a solid artificial or compact natural screen of at least five (5) feet in height, which shall be adequately maintained as long as such exterior storage is continued. - The Planning Commission or Board of Supervisors may require additional screening where it deems necessary to protect surrounding properties. - The Planning Commission and Board of Supervisors shall determine that the proposed use will have to adverse effects on surrounding properties.' Section 21 -26 (x)(20) to Read: Permitted exceptions with conditional use permit: • • • L L� Garage Public - Provided that the following conditions shall be met: 3.4 7 I - All repair work shall take place entirely within an enclosed structure. - All exterior storage of parts and equipment shall be screened from view of surrounding properties by a solid artificial or compact natural screen of at least five (5) feet in height, which shall be adequately maintained as long as such exterior storage is continued. - The Planning Commission or Board of Supervisors may require additional screening where it deems necessary to protect surrounding properties. - The Planning Commission and Board of Supervisors shall determine that the proposed use will have no adverse effects on surrounding properties. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, R. Thomas Malcolm, Rhoda W. Maddox and Kenneth Y. Stiles. H.C. GABLER, INC. SUBDIVISION - BACK CREEK DISTRICT - APPROVED Mr. Riley presented the subdivision request of H. C. Gabler, Inc. and stated • that the Planning Commission recommended approval of same. Mr. Stiles asked whether or not the applicant wanted to proceed with this subdivision request or wait until the request for conditional use permit is heard by the Board of Supervisors and Mr. Robert Mitchell, Attorney for Mr. Gabler re- plied that they wanted to proceed. There was no public comment. • Upon motion made by William H. Baker and seconded by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the subdivision request of H. C. Gabler, Inc. con- taining one (1) lot, (3.6 acres) located on the south side of Shawnee Drive in Back Creek District'as set forth on the plat prepared by Greenway Engineering and Surveying Company, Inc. dated February 22, 1980. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, Rhoda W. Maddox, R. Thomas Malcolm, William H. Baker, and Kenneth Y. Stiles. tZi Rt] FARMS. SECTIONS 7 & 8 - BACK _CREEK DISTRICT - DEN J Mr. Riley presented the request for bond reduction for Stonebrook Farms, Sections 7 & 8, stating that the Highway Department and the Public Works Depart- ment both recommended approval of this request. Mr. Owings stated that he felt the County should have a contract stating that the work can be done for the amount of the bond reduction request before approval is given inasmuch as County has on one occasion had to supply funds to finish road construction when the bond was not sufficient to complete the work. 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 deny the request of Mr. Thomas Glass for bond reduction from $54,000 to $25,000 on Stonebrook Farms, Sections 7 and 8 in the Back Creek Magisterial District and does direct that the County Administrator request that Mr. Glass submit a properly executed contract for the completion of the necessa work in order to insure that the bond reduction amount will be sufficient to cover said costs. 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. FINANCE COMMITTEE REPORT mu l e * Mr. Baker presented the Finance Committee report and the following action was taken. TWO ADDITIONAL APPRAISERS AND EXPENSE ALLOWANCE - RE: REASSESSMENT - APPROVED Mr. Baker stated that the Finance Committee recommended acceptance of two additional appraisers at'a monthly salary of $1,100 each as recommended by the Director of the Property Tax Division of Virginia to assist in the reassessment of the County real property. The Commissioner of the Revenue stated that the additional personnel was necessary in order to complete the reassessment by January 1, 1981. 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 employment of Miss Patricia Flavin and Mr. Gary Plauger as field appraisers for the County reassessment program at a monthly rate of $1,100 effective April 1, 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. Mr. Baker then advised that the General Assembly had authorized an increase in the mileage allowance for the appraisers to 18 1/2¢ per mile and that the Director of the Property Tax Division recommended that the travel expenses for out -of -town appraisers be set at $600 per month effective February 1, 1980. He stated that the Finance Committee recommended approval of this rate. Mr. Stiles asked if all the appraisers are out -of -town people and Mr. Rudolph replied that one is in Winchester and he receives an allowance of $500 per month. The Commissioner of Revenue advised that one of the appraisers was receiving $650 travel expenses per month in his last location and that Frederick County is among the lowest in the state regarding travel expenses. Upon motion made by William H. Baker and seconded by Will L. Owings, WHEREAS, The Commonwealth of Virginia has approved an increase in the mileage allowance for state appraisers to 18 1/20 per mile. BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve travel expenses of $600 per month for all out -of- town appraisers effective February 1, 1980. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm, and Will L. Owings. Nay - Kenneth Y. Stiles. TION TO RETAIN DOUGLAS M. PENDING BOARD OF ZONING P THE 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 Finance Committee's recommendation to retain Douglas M. Swift, Jr., Attorney at Law, to defend the County in the upcoming law suit entitled George W. Glaize, et al versus Frederick County Board of Zoning Appeals at a rate of $50.00 per hour. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, William H. Baker, Rhoda W. Maddox, Will L. Owings, R. Thomas Malcolm, and Kenneth Y. Stiles. PROPOSED FISCAL YEAR 1981 BUDGET PRESENTED TO BOARD EE O Mr. Baker presented a letter of submittal along with the proposed Fiscal f': Year 1981 Budget to the Board and suggested that the Board set their work ses and limit them to three hours (7:30 PM to 10:30 PM). The Board concurred and set the first work session for Monday, April 16, 1980. Mr. Stiles asked if the School Board would be invited to meet with the • Board at the work session and Mr. Baker stated that he would be willing to set this up on a tentative basis. Mr. Stiles then asked if the Finance Committee planned to have the School Board meet with the Board of Supervisors and Mr. Baker replied that they could if the Board felt it was necessary. Mr. Stiles stated that he did feel it was necessary. CORRESPONDENCE The Chairman reported that the Governor had signed into law House Bills 638 and 503, which had been previously discussed by the Board. BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker, and • passed unanimously, the Board retired into Executive Session in accordance with Section 2.1 -344, Subsection (a)(1) of the Code of Virginia, 1950, as amended to discuss a personnel matter. BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by Kenneth Y. Stiles,aseconded by William H. Baker and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously the Board reconvened into Regular Session. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN TO APRIL 16, 1980, AT 7:30 P.M. FOR A BUDGET WORK SESSION. • C erk, Board of Supervisors A Regular Meeting of the Frederick County Board of Supervisors was held on the 23rd day of April, 1980, in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia, at 7:00 P.M. 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 Malcolm Lerch of the Stephens City Luthern Church. 350 ADOPTION OF AGENDA The Chairman stated that he had received a request from Reverend Karl Tangeman to address the Board regarding the budget inasmuch as he could not attend the hearing on May 7, 1980. Upon motion made by William H. Baker and seconded by Kenneth Y. Stiles and passed unanimously, the Board agreed to permit Reverend Tangeman to address the Board regarding the proposed budget. The Chairman advised that the presentation would be- limited to five minutes and Reverend Tangeman agreed. Upon motion made by Kenneth Y. Stiles, seconded by R. Thomas Malcolm, and passed unanimously, the Board agreed to go into Executive Session at the conclus of the regular business of the Board to discuss a personnel matter. Upon motion made by Rhoda W. Maddox, seconded by William H. Baker and passed unanimously, the Board agreed to set the time limit for the budget work session to conclude at 10:30 PM with the understanding that this limit would be removed upon a majority vote of the Board. Upon motion made by Kenneth Y. Stiles, seconded by Will L. Owings, and passed unanimously, the Agenda was adopted with the amendments set forth above. VIRGINIA L. CONNER NOMINATED FOR APPOINTMENT TO SCHOOL BOARD FROM BACK CREEK DISTRICT Mr. William H. Baker nominated Mrs. Virginia L. Conner for appointment to the School Board as the representative from Back Creek District. He presented a brief background regarding Mrs. Conner stating that she was very well qualified to serve in this position and would bring new insight to the School Board and would perform in a highly credible manner for the citizens of Frederick County. He requested that the Board consider favorably this nomination. The Chairman advised that the Board would take action on this nomination at the Regular Meeting in May. BUGARSKI LOTS SUBDIVISION - SHAWNEE DISTRICT - APPROVED Mr. Riley presented the subdivision request for the Bugarski Lots in Shawnee District stating that the Planning Commission unanimously recommended approval of this request. There was no public comment. 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 Bugarski Lots Subdivision consisting of 4.45 acres (three lots) located on the north side of Route 850 (Vine Street) immediately east of Joe's Ocean Cove in Shawnee Magisterial District. The above resolution 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. SIX YEAR ROAD IMPROVEMENT PROPOSED PLAN - DISCUSSED Mr. Riley presented the proposed six year road improvement plan for Frederick County stating that the Planning Commission unanimously recommends approval of thie preliminary plan. He explained the criteria used by the subcommittee in the up- date of the plan stating that the five priorities established in the 1980 -81 fiscal year have remained the same. C7 • Ll • 351 There was a brief discussion regarding the committee's opinion that a ' hazardous condition exists at the Route 11 North and Route 37 interchange and that the Board of Supervisors request a study be made of this problem at the hearing to be held in Staunton on April 30, 1980. Upon motion made by Kenneth Y. Stiles and seconded by Rhoda W. Maddox, and passed unanimously, the Board requested that Mr. John Riley, Planning and Develor ment Director and /or Mr. James M. White, County Administrator, attend the pre- allocation hearing on Primary Interstate and Major Arterial Highways in Staunton • on April 30, 1980 to express Frederick County's concern regarding the hazardous condition which exists at the Route 11 North and Route 37 interchange and to request an in -depth study of alternative means of access to alleviate congestion be undertaken by the Virginia Department of Highways and Transportation. 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 1980 or early 1981 start of construction on this project. Mr. Riley advised that if there is difficulty with right -of -way acquisition on the Route 696 pro- ject, it would be replaced with the Route 734 project due to continuous mainten- ance problems. Mr. Koontz asked what the status of right -of -way acquisition was on Route 654 and Mr. Bushman advised that unfortunately, it is just as it was months ago. • He added that if the plan is adopted it would move this project forward consider ably in the planning process. 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 Preliminary Update of the Six Year Road Imp ment Plan as recommended by the Planning Commission. 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. • DATE FOR PUBLIC HEARING SET ON UPDATE OF SIX YEAR ROAD IMPROVEMENT PLAN FOR FREDERICK COUNTY 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 set the date of May 28, 1980, at 7:30 P.M. in the Board of Supervisors' Meeting Room for the Public Hearing on the Proposed Update of the Six Year Road Improvement Plan for 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. Malcolm, and Kenneth Y. Stiles. Mr. Riley reviewed briefly the priority projects stating that the Route 681 project had been reduced considerably down from right -of -way acquisition and • widening to just replacing the bridge. He stated that on the Route 622 project it would be two lanes but right -of -way would be acquired for four lanes for future expansion if necessary. Mr. Bushman stated that they anticipate a late 1980 or early 1981 start of construction on this project. Mr. Riley advised that if there is difficulty with right -of -way acquisition on the Route 696 pro- ject, it would be replaced with the Route 734 project due to continuous mainten- ance problems. Mr. Koontz asked what the status of right -of -way acquisition was on Route 654 and Mr. Bushman advised that unfortunately, it is just as it was months ago. • He added that if the plan is adopted it would move this project forward consider ably in the planning process. 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 Preliminary Update of the Six Year Road Imp ment Plan as recommended by the Planning Commission. 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. • DATE FOR PUBLIC HEARING SET ON UPDATE OF SIX YEAR ROAD IMPROVEMENT PLAN FOR FREDERICK COUNTY 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 set the date of May 28, 1980, at 7:30 P.M. in the Board of Supervisors' Meeting Room for the Public Hearing on the Proposed Update of the Six Year Road Improvement Plan for 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. 352 Mr. Baker thanked the Highway Department for the work they have done on the roads in Back Creek District and requested that the deep ditches along Route 600 be inspected and corrected. ASH HOLLOW ESTATES - STONEWALL DISTRICT - LOT LINE ADJUSTMENT - APPROVED Mr. Riley presented the request for lot line adjustment for Ash Hollow Estates stating that a mistake had been made by the surveyor and a one foot adjustment was necessary in order to satisfy Virginia Housing and Development Authority guidelines. Mr. Malcolm asked if there was any procedure whereby this type thing might be prevented or avoided'in the future and Mr. Riley replied that they are working.) with the Inspections Department at the present time to establish guidelines by setback lines would be checked at the time of the footer inspection. There was no public comment. 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 approve the request for a one foot lot line adjustment on 24 townehouse units located in Sections A, C and E of Ash Hollow Estates in Stone- wall Magisterial District in order to satisfy Virginia Housing and Development Authority guidelines. ZMAP #002 -80 - ALBERT NICHOLSON - BACK CREEK DISTRICT - WITHDRAWN The Chairman announced that the rezoning request #002 -80 of Albert Nicholson had been withdrawn. REVEREND KARL TANGEMAN ADDRESSES BOARD RE: FISCAL YEAR 1981 BUDGET Mr. Tangeman stated that he was appearing before the Board as a minister to address the proposed Fiscal Year 1981 County Budget. He stated that should there be a tax increase as proposed in the budget it would place a burden on many County employees. He stated that he understood the Finance Committee had met behind closed doors to reach their budget decisions and he felt the supervisors should be open with all the citizens of the County. RENEWAL OF DJCP COMMUNITY SERVICES ALTERNATIVE PROGRAM - APPROVED Mr. White stated that the request for approval of the DJCP Community Servic Alternative Program grant was a renewal of an existing program. Mr. Stiles suggested that this grant request be referred to the Committee on Law Enforcement and Courts for review =and recommendation. Mr. Charles'rPoe, Director of the Division of Court Services, replied that the grant application had to go before the Lord Fairfax Planning District Commission and then be in Richmond by May 15th so there would not be time to refer it to Committee. Mr. Stiles then stated that in the future grant applications should be submitted in sufficient time to be forwarded to the appropriate committee for review. 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, Virginia, does herein approve the renewal of the DJCP grant for the Division of Court Services Community Services Alternative Program and the expenditure of the proposed Fiscal Year 1981 Budget. local funds in the amount of $4,589 for said grant which have been programmed in I - _ i • J • A • 353 11 • • • The budget of the Commonwealth Attorney was discussed and the Board re- ' duced the amount set forth for witness and juror brochures and materials from 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. Stiles. RENEWAL OF AREA WINTERIZATION PROGRAM - APPROVED The County Administrator advised that the request for renewal of the winterization program had.been made to his office for presentation to the Board for approval. He stated that although approval of the governing body was necessary, no local funds would be needed for the program. Mr. Stiles stated that he would like to know more about the program such as who operates it, who does the work, etc., before action on renewal of same. 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 renewal of the Virginia Association of Communit Action Agencies, Inc. winterization program in Frederick County and does request that representatives from said organization meet with the Board of Supervisors to review the program. 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. The Board recessed for ten minutes. BUDGET WORK SESSION The Board discussed several sections of the proposed Fiscal Year 1981 budget. The County Administrator was requested to contact the Washington Ear Foundation to determine the number of clients served in Frederick County and the number of additional people who need the service. The County Administrator stated that a recreational fee schedule as re- quested by the Board was being drafted and would be presented to the Parks and Recreation Commission and subsequently to the Board of Supervisors for conside tion. Mr. William Fraula, Chairman of the Electoral Board requested that funds be reinstated in the budget of the General Registrar to provide a salary of $5,000 for an assistant registrar which they felt was necessary at least 2 1/2 days per week. There was a brief discussion regarding personnel and the effi- ciency of the operation of the office. Upon motion made by William H. Baker, seconded by Will L. Owings and pas unanimously, the Board agreed to set the salary for the assistant registrar at minimum wage rates in an amount not to exceed $4,000 per year and does request that a time sheet be kept so that the number of hours worked might be documen Mr. White suggested that travel espenses be kept as they are set forth in the current Fiscal Year 1980 budget which would result in an approximate re- duction of $12,000 in the proposed budget. $1,000 to $500, reduced the amount set forth for wearing apparel by $100, re- 354 duced the salary of the investigator from $16,968 to $14,640 and reduced the travel from $1,550 to $850. There was a brief discussion regarding funding for the new court facilities and Mr. Stiles suggested that the pay increase for county employees be reduced to 8 1/28 and that revenue generated by the proposed tax increase be set aside for the new court facilities. Mrs. Maddox requested that the Personnel Committee reevaluate the salary scales inasmuch as the current across - the -board increase has the effect of widen- ing the ranges.in the pay scale. She urged that a merit system for pay increase be studied and a recommendation made to the Board of Supervisors as soon as possible. Mr. Koontz noted the matter had been referred to the Personnel Committee for study and recommendation. Mr. Stiles stated that the Board had discussed deferral of taxes for the elderly. He advised that the deadline could be extended and requested that figures be presented on this matter. The County Administrator advised that this matter is now in the Finance Committee. The Chairman noted that it was the consensus of the Board to request the Director of Finance to proceed with the printing and advertising of the budget for public hearing. Mr. Stiles stated that this was the consensus of the Board, but he did not want this to be construed to mean that he approved of the budget as it is now proposed. Upon motion made by Will L. Owings, seconded by Rhoda W. Maddox and passed unanimously, the Board set the date of May 7, 1980, at 7:00 P.M. for the Public Hearing on the proposed Fiscal Year 1981 Budget, said hearing to be held in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the Board directed that the proposed Fiscal Year 1981 Budget be advertised setting forth a 35¢ tax increase or real estate tax rate for 1981 at $2.95. BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, the Board retired into Executive Session in accordance with Section 2.1 -344, Subsection (a)(1), of the Code of Virginia, 1950, as amended to discuss a personnel matter. BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, the Board reconvened into Regular Session. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE 90AM OF v ADJOURN. C1 k, Board of Supervisors • 1 • • � \IN