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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. Cl QWP�� k, oa d bf Skipervisors