March 13, 1991 Regular Meeting199
A Regular Meeting of the Frederick County Board of Super-
visors was held on March 13, 1991, at 7:15 P.M., in the Board of
Supervisor's Meeting Room, Frederick County Courthouse, Loudoun
Street Mall, Winchester, Virginia.
PRESENT Kenneth Y. Stiles, Chairman; Robert M. Rhodes,
Vice - Chairman; Dudley H. Rinker; Roger L. Crosen; W. Harrington
Smith, Jr. and Charles W. Orndoff, Sr.
CALL TO ORDER
The Chairman called the meeting to order.
The invocation was delivered by Reverend Timothy E. Teates
of the Relief, Hites Chapel and Mt. View United Methodist
Churches.
ADOPTION OF AGENDA
Mr. Riley, County Administrator, requested that the Board
consider a memo from the Parks and Recreation Department con-
cerning the Fourth of July Celebration.
Upon motion made by Charles W. Orndoff, Sr., seconded by
- v II Dudley H. Rinker and passed unanimously, the Agenda was adopted
as amended.
CONSENT AGENDA
Upon motion made by Charles W. Orndoff, Sr., seconded by
Roger L. Crosen and passed unanimously, the following items were
approved under the Consent Agenda:
Tab C - Memorandum from Chairman Re: Transfer of Funds
for Sheriff's Department.
Tab E - Shenandoah Valley Private Industry Council's Plan
of Activities for the J.T.P.A. Program Year
July 1, 1991 - June 30, 1992.
Tab F - Virginia Employment Commission's Job Service Plan
for Service for Delivery Area IV for Program
Year 1991.
Tab K - Parks and Recreation Commission Report.
Tab L - Personnel Committee Report.
Tab M - Finance Committee Report.
JOHN E. VENSKOSKE REAPPOINTED TO THE HISTORIC RESOURCES
BOARD
Upon motion made by Roger L. Crosen, seconded by Dudley H.
Rinker and passed unanimously, John E. Venskoske was reappointed
200
serve on the Historic Resources Board as a representative
Gainesboro District for a one year term, said term to
April 12, 1991 and expire April 12, 1992.
RAY E. EWING REAPPOINTED TO THE HISTORIC RESOURCES BOARD
Upon motion made by Dudley H. Rinker, seconded by Charles
. Orndoff, Sr. and passed unanimously, Ray E. Ewing was re-
nted to the Historic Resources Board as a representative
Opequon District for a two year term, said term to commence
4pril 12, 1991 and expire April 12, 1993.
CHRISTOPHER A. MOLDEN REAPPOINTED TO THE SANITATION
AUTHORITY
Upon motion made by Robert M. Rhodes, seconded by W.
ington Smith, Jr. and passed unanimously, Christopher A.
en was reappointed to the Sanitation Authority for a four
term, said term to commence April 15, 1991 and expire April
15, 1995.
REQUEST FROM COUNTY ADMINISTRATOR TO DISPOSE OF UNISYS
COMPUTER EQUIPMENT - APPROVED
Upon motion made by Dudley H. Rinker, seconded by Charles
Orndoff, Sr. and passed unanimously, to dispose of certain
isys computer equipment which would require a lease purchase
buy out and the following appropriational transfers:
Lease purchase buy out $254,946.96
Proceeds from sale of computer
equipment from highest bidder $ 31,000.00
Data Processing Departmental
transfers $139,000.00
Transfer from General Fund
Capital Contingency $ 84,146.96
REQUEST FROM BOARD CHAIRMAN FOR TRANSFER OF FUNDS FOR
SHERIFFIS DEPARTMENT FOR CAMERA EQUIPMENT - APPROVED UNDER
THE CONSENT AGENDA
Upon motion made by Charles W. Orndoff, Sr., seconded by
Roger L. Crosen and passed unanimously, the request from the
Sheriff to transfer funds in the amount of $4,500.00 to purchase
a In -Car Camera Recording System was approved as presented under
the Consent Agenda.
PRELIMINARY REDISTRICTING PLAN - APPROVED
Mr. Stiles presented this Plan and explained that he felt
two public hearings should be held to receive public input.
4 01
The Board concurred and noted that Mrs. Bayliss is to
schedule these dates.
SHAWNEELAND ADVISORY COMMITTEE PROCEDURES RE: ELECTIONS -
APPROVED
Mr. Riley presented this report and explained that accord-
ing to the Commonwealth's Attorney, Lawrence Ambrogi, the final
selection to this Committee rests with the Board of Supervisors.
Mr. Jim Diehl, County resident living in Shawneeland,
addressed the Board to explain that he had served on this policy
board, and after much discussion, the Committee was making this
recommendation to the Board.
The question was brought up about a newsletter being mailed
to all property owners in Shawneeland with a ballot listing the
nominees from the Sanitary District Advisory Committee. The
letter would request that all ballots be marked and returned to
the Committee.
Mr. Cook, Assistant Commonwealth's Attorney, appeared
before the Board and stated that he did not agree with this
proposal as the Code states there cannot be an election and the
fact these newsletters are paid for by Sanitary District funds,
a ballot cannot be part of this newsletter. He further
explained that the Code clearly states that the Board of
Supervisors shall do the appointing to this Committee.
Upon motion made by Robert M. Rhodes, seconded by Dudley H.
Rinker and passed unanimously, that a routine newsletter be
mailed to all property owners wherein they will be requested to
submit names to Mr. Jones, Sanitary District Manager, who in
turn will submit the list of names to the Board of Supervisors,
and further that Glenn Williamson, Assistant Commonwealth's
Attorney, is to meet with the Committee from the Sanitary
District to further explain and discuss this matter.
MARY REID ADDRESSED THE BOARD RE: SHENANDOAH VALLEY
PRIVATE INDUSTRY COUNCIL'S PLAN OF ACTIVITIES FOR THE
J.T.P.A. PROGRAM YEAR JULY 1. 1991 - JUNE 30. 1992 -
APPROVED UNDER THE CONSENT AGENDA
Upon motion made by Charles W. Orndoff, Sr., seconded by
Roger L. Crosen and passed unanimously, the Shenandoah Valley
Private Industry Council's Plan of Activities for the J.T.P.A.
202
Program Year July 1, 1991 - June 30, 1992 was approved as
presented under the Consent Agenda.
VIRGINIA FR LOYMSN'P COMMISSION'S JOB SERVICE PLAN FOR
SERVICE FOR DELIVERY AREA IV FOR PROGRAM YEAR 1991 -
APPROVED UNDER THE CONSENT AGENDA
Upon motion made by Charles W. Orndoff, Sr., seconded by
Roger L. Crosen and passed unanimously, the Virginia Employment
Commission's Job Service Plan for Service for Delivery Area IV
for Program Year 1991 was approved as presented under the
Consent Agenda.
PLANNING COMMISSION BUSINESS
REZONING REQUEST #001 -91 OF G & F. PARTNERSHIP - BACR
CREEK MAGISTERIAL DISTRICT - APPROVED
Mr. Watkins, Planning and Development Director, presented
this rezoning request and stated that the staff and Planning
Commission recommended approval.
Mr. Ralph Gregory was present on behalf of his request.
Mr. Rhodes stated that he had had a call concerning what
buffering would be required along the Interstate.
Mr. Watkins replied that there was no requirement.
Mr. Stiles noted that on site plans the County can require
screening on any outdoor storage, etc.
Mr. Watkins explained that this is dealt with on an indi-
vidual basis.
Mr. Rinker asked if the Planning Commission had discussed
the Stephens City Fire Company request.
Mr. Watkins replied yes, but there isn't anything that can
be done with regard to this request.
Mr. Stiles explained that proffers cannot be for an on
going expense as it is only for a one time expenditure.
Mr. Crosen asked what the status was of the Committee that
is working on the proffer policies for the County.
Mr. Watkins replied he felt this should be finalized in
about a month.
Upon motion made by Robert M. Rhodes, seconded by W.
Harrington Smith, Jr. and passed unanimously, rezoning request
number 001 -91 of G. & F. Partnership, c/o Ralph S. Gregory for
H.F.G. Partnership, P. O. Box 520, Stephens City, Virginia, to
A3
rezone 2.692 acres from M1 (Industrial Limited) to B2 (Business
General) was approved. This property is located at Route 11
South to Marathon Drive, East to Sulky Drive, to the end of the
Cul -De -Sac and is identified as parcel 11 -B on Tax Map 75(A) in
the Back Creek Magisterial District.
REZONING REQUEST 1002 -91 OF FORREST L. BROWN - BACK CREEK
MAGISTERIAL DISTRICT - APPROVED
Mr. Watkins presented this rezoning request and stated that
the staff and Planning Commission recommended approval.
Mr. Brown was present on behalf of his request.
Upon motion made by Robert M. Rhodes, seconded by Dudley H.
Rinker and passed unanimously, rezoning request number 002 -91 of
Forrest L. Brown, HC34, Box 5719, Winchester, Virginia, to
rezone 3.626 Acres from B -1 (Business Limited) to B -2 (Business
General) was approved. This property is located on the South
side of Route 50, two miles West of the 37 Bypass and is identi-
fied as Parcel 92 -B on Tax Map 52(A) in the Back Creek Magister-
ial District.
End of Public Hearings.
1991 REVISIONS TO THE COMPREHENSIVE PLAN
Mr. Watkins presented this Plan and stated that it will be
advertised for public hearing when the Board is ready.
Mr. Stiles stated that he felt a voluntary approach was
needed for the Historic Preservation section as he felt this had
been forgotten and lost in the shuffle. Mr. Stiles further
stated that he was not interested in telling people what they
can do with their property and referred to a recent article in
the newspaper about how citizens in Berryville felt about
becoming a historic district. He further stated that the whole
section on Historic Preservation needed to be looked at more
closely.
11 Following discussion it was the general consensus of the
Board that this Plan should strictly be voluntary, otherwise the
Board was not in favor of endorsing it.
Mr. Crosen stated that it was his understanding that this
Plan did not expand the urban development area.
Mr. Watkins replied that was correct.
204
1991 -1992 CAPITAL IMPROVEMENTS PLAN
Mr. Watkins presented this Plan and asked for the Board's
input.
Mr. Crosen stated that the first six items were all school
related and he felt the Administrative Offices should be number
six or seven instead of number 28.
Following discussion, the Administrative Offices was moved
to between seventeen and eighteen on the Plan.
Upon motion made by Dudley H. Rinker, seconded by Robert M.
Rhodes and passed unanimously, the 1991 -1992 Capital Improve-
ments Plan was approved as submitted with the change of the
Administrative Offices.
End of Planning Commission Business.
FUNDS REINSTATED FOR FOURTH OF JULY CELEBRATION TO PARKS
AND RECREATION DEPARTMEN'P
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, to reinstate $9,104.37 to Parks
and Recreation's budget for the Fourth of July, 1991 Celebra-
tion.
Mr. Rhodes requested that any County employee that served
in Desert Storm be recognized at this time.
JIM DIERL TO SERVE ON THE GRIEVANCE PANEL
Mr. Stiles appointed Jim Diehl to the County Grievance
Panel.
COMMITTEE REPORTS
PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER THE
CONSENT AGENDA
Upon motion made by Charles W. Orndoff, Sr., seconded by
Roger L. Crosen and passed unanimously, the following was
approved under the Consent Agenda:
The Parks and Recreation Commission met on February 19,
1991. Members present were: Carmen Rio, Donald Wilson, Robert
Roper, Charles Sandy, Dudley Rinker.
The following action was taken:
Report on Park Development in Middletown
Mr. Sandy moved that $500 be earmarked from the Opequon
District impact fee fund for the restroom facility at the
x'05
Middletown Town Park, seconded by Mr. Wilson, carried unanimous-
ly (4 -0) .
Parks and Recreation Commission
Commission accepted the resignations of Courtland Smith
(Back Creek) and Patricia Perry (Stonewall, At- Large).
_ II PERSONNEL COMMITTEE REPORT - APPROVED UNDER THE CONSENT
AGENDA
Upon motion made by Charles W. Orndoff, Sr., seconded by
Roger L. Crosen and passed unanimously, the following was
approved under the Consent Agenda:
The Personnel Committee met on Wednesday, March 6, 1991,
with the following members present: Robert Rhodes, Roger
Crosen, James Longerbeam, John Riley, Steve Owen and Ann
Kelican. Mr. Ralph Lewis was absent. The Committee submits the
following report and recommendations to the Board of Supervisors
for consideration:
Request for Reclassification - Planning Department - No
Action Taken
The Committee reviewed the attached reclassification
11 request from the Planning Director and recommends that no action
be taken at this time.
Revised Incentive Pay Plan - Approved
The Committee reviewed the attached Incentive Pay Plan
which has been revised to delineate clearly the personnel
eligible for participation in the plan. No changes are proposed
in the Step /Pay Schedule. The Committee recommends approval of
the revised Incentive Pay Plan.
Reauest for Reclassification of Firefighter Positions -
Approved
The Committee reviewed the attached request for reclassifi-
cation of the Firefighter positions and recommends approval of
same effective April 1, 1991. This oversight occurred due to
H the fact that the Firefighter positions had not been filled when
the Sheriff's Department reclassification was approved. Funds
in the amount of $4,514 (Salary $3,394 - Fringes $1,120) would
be needed to implement this reclassification.
Phase Out of Salary Supplements to Clerk's Office -
Approved
206
The Committee recommends that the salary supplements
currently being paid by the County to employees in the County
Clerk's Office be phased out as state salary increases are
received in equal amounts thereto.
FINANCE COMMITTEE REPORT - APPROVED UNDER THE CONSENT
AGENDA
Upon motion made by Charles W. Orndoff, Sr., seconded by
Roger L. Crosen and passed unanimously, the following was
approved under the Consent Agenda:
The Finance Committee was polled by telephone on Wednesday,
March 6, 1991.
The following agenda items require Board action:
Request from Director of General Reassessment for a General
Fund Appropriation Transfer in the Amount of $2,040.00 -
Approved
The Director of General Reassessment requests a General
Fund appropriation transfer of $2,040.00 from the Board of
Assessor's budget to the Commissioner of Revenue's budget to
purchase a copier and typewriter. See attached memo. The
Committee recommends approval with a vote of three for and one
opposed.
The Director of Fire and Rescue requests a supplemental
appropriation from the Fire Company Capital Reserve in the
amount of $10,000.00 to be used toward the purchase of a new
ambulance at Greenwood Volunteer Fire Company. No additional
local funds are necessary. See attached memo. The Committee
recommends approval.
Reauest from the Parks and Recreation Director for a
General Fund Supplemental Appropriation in the Amount of
$1,000.00 - Approved
The Parks and Recreation Director requests a General Fund
supplemental appropriation in the amount of $1,000.00 received
from the Veterans of Foreign Wars Club to be used for the Annual
Spring Fever Biathlon. No additional local funds are needed.
See attached memo. The Committee recommends approval.
in the Amount of $150.000.00 - Approved
207
The Shawneeland Sanitary District Manager requests a
Shawneeland Sanitary District supplemental appropriation of
$150,000.00 from carry forward of prior years to line item
16- 8108 - 3004 - 000 -003 Repair and Maintenance. See attached memo.
The Committee recommends approval.
The Planning Director requests a General Fund supplemental
appropriation in the amount of $9,049.00 for several capital
items needed when they move into their new office space. See
attached memo. The Committee recommends approval.
For Information Only:
1. See attached letter from Marjorie Tate, President,
Shenandoah Arts Council.
TAX RATE FOR FISCAL YEAR 1991 -1992 TO BE FORTY -SIX CENTS
PER HUNDRED FOR REAL ESTATE TAX AT THIS TIME
Mr. Stiles explained that at this time it appears that the
tax rate for next year on real estate will be forty -six cents
per hundred, four dollars twenty -five cents for machinery and
tools and four dollars twenty five cents for personal property.
UPON NOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT
WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN.
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