HomeMy WebLinkAboutMay 08, 1991 Regular Meeting251
A Regular Meeting of the Frederick County Board of Super-
visors was held on May 8, 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 the Reverend Conrad J.
Christianson, of the Bethel Lutheran Church.
ADOPTION OF AGENDA
Mr. Riley, County Administrator, requested the following
amendments:
1. Request from the Chamber of Commerce;
2. Ellen Davenport, Representative from Virginia
Association of Counties, to address the Board;
3. Transfer of funds request for the Windy Hill road
project.
Mr. Stiles requested time under "County Officials ".
Upon motion made by Charles W. Orndoff, Sr., seconded by
Dudley H. Rinker and passed unanimously, the Agenda was adopted
as amended.
CONSENT AGENDA
Upon motion made by Charles W. Orndoff, Sr., seconded by
Dudley H. Rinker and passed unanimously, the following items
were approved under the Consent Agenda:
Tab D - Approval of Proclamation - Emergency Medical
Services Week;
Tab G - Approval of Application to the VPSA Summer
Subsidized Sale;
Tab J - Approval of Road Resolution - Nottoway Drive.
APPROVAL OF MINUTES
Upon motion made by Charles W. Orndoff, Sr., seconded by
Roger L. Crosen and passed unanimously, the minutes of the
Regular Meeting of March 27, 1991 were approved as submitted.
MARGARET RUCKER ROWE APPOINTED TO THE SHENANDOAH VALLEY
PRIVATE INDUSTRY COUNCIL (PIC)
252
Upon motion made by Charles W. Orndoff, Sr., seconded by
Dudley H. Rinker and passed unanimously, Margaret Rucker Rowe
was appointed to serve on the Shenandoah Valley Private Industry
Council (PIC) as a representative from Frederick County.
VACANCY ON LORD FAIRFAX COMMUNITY COLLEGE BOARD AND LORD
FAIRFAX EMERGENCY MEDICAL SERVICES COUNCIL TO BE ADVERTISED
It was the consensus of the Board that the vacancy on the
Lord Fairfax Community College Board be advertised inasmuch as
Dr. Fish's term will expire on June 30, 1991 and he is not
eligible for reappointment; and to advertise the vacancy on the
Lord Fairfax Emergency Medical Services Council due to the
resignation of Willey Dembeck.
APPOINTMENT TO SOCIAL SERVICES BOARD - TABLED UNTIL NEXT
BOARD MEETING
KENNETH Y. STILES REAPPOINTED TO THE FREDERICK- WINCHESTER
SERVICE AUTHORITY
Upon motion made by Robert M. Rhodes, seconded by W.
Harrington Smith, Jr. and passed unanimously, Kenneth Y. Stiles
was reappointed to serve on the Frederick - Winchester Service
Authority.
CHAMBER OF COMMERCE CELEBRATES NATIONAL TOURISM WEEK
Kristin Goff, Kitty Zuckerman and Kim Simpson appeared
before the Board on behalf of the Chamber of Commerce in con-
junction with National Tourism Week.
Mrs. Goff presented handouts and a breakdown of Chamber
statistics as they relate to tourism in this area, as well as
the State.
REQUEST FOR DONATION TO CHAMBER OF COMMERCE TO HELP SPONSOR
TEAM AT NATIONAL CIVIC LEAGUE CONVENTION IN SAN ANTONIO.
TEXAS ON JUNE 6 -8 - APPROVED
Upon motion made by Roger L. Crosen, seconded by Charles W.
Orndoff, Sr. and passed unanimously, to approve $3,000.00 to
sponsor the team at the National Civic League Convention in San
Antonio, Texas June 6 -8. This is in conjunction with the
prospect that Winchester - Frederick County becoming an All- Ameri-
can Community.
LETTER TO BE SENT TO BUDDY DUNLAP AND JACK KRONENBERGER
THANKING THEM FOR ALL THEIR EFFORTS AND HOURS OF WORK ON
BEHALF OF THE RECENT SHENANDOAH APPLE BLOSSOM FESTIVAL
253
Upon motion made by Roger L. Crosen, seconded by Robert M.
Rhodes and passed unanimously, to approve a letter being sent to
Buddy Dunlap and Jack Kronenberger thanking them for their
efforts and hours of work on behalf of the Apple Blossom Festi-
val.
SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE BALLOT
SELECTION - APPROVED
Upon motion made by Robert M. Rhodes, seconded by W.
Harrington Smith, Jr. and passed unanimously, the following
names were approved to appear on the next selection ballot:
Dorothy A. Stant, Robert S. Hartman, Peggy Mooney, Thelma J.
Ratliff, Kim McCormick, Katrina Sine, John V. Wolfe, Gene
Janisch, Thyrrice C. Marx.
ELLEN DAVENPORT REPRESENTATIVE FROM VIRGINIA ASSOCIATION
OF COUNTIES, ADDRESSED THE BOARD
Ellen Davenport, representative from the Virginia Associa-
tion of Counties, appeared before the Board and presented a
brief summary of VACo's role with county government and their
office is there to assist when called upon.
APPROVAL OF PROCLAMATION - EKRGENCY MEDICAL SERVICES WE
- APPROVED UNDER THE CONSENT AGENDA
Upon motion made by Charles W. Orndoff, Sr., seconded by
Dudley H. Rinker and passed unanimously, the following resolu-
tion was approved under the Consent Agenda:
WHEREAS, emergency medical service teams consist of volun-
teer and career medical technicians, Firefighters, emergency
physicians, nurses, educators, and administrator's; and
WHEREAS, the citizens of Frederick County benefit daily
from the life saving knowledge and skill of these trained
professionals; and
WHEREAS, advances in emergency medical care and the expan-
sion of rescue services within Frederick County has increased
the life saving capability of our Emergency Medical System; and
WHEREAS, the designation of Emergency Medical Services Week
will serve to educate the people of Frederick County about
accident prevention and what to do when confronted with a
medical emergency.
NOW, THEREFORE, I, Kenneth Y. Stiles, Chairman of the Board
of Supervisors of Frederick County, do hereby proclaim the week
of May 12 -18, 1991 as Emergency Medical Services Week.
The Board also commends each of our Emergency Medical
Service providers for a job well done.
PUBLIC HEARING
'25 4
ORDINANCE AMENDMENTS TO CHAPTER 7 RE: REDISTRICTING -
APPROVED
Mr. Watkins, Director of Planning and Development, present-
ed this ordinance amendment request.
Upon motion made by Dudley H. Rinker, seconded by W.
Harrington Smith, Jr. and passed unanimously, the following
ordinance amendment was approved:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 7,
ELECTIONS; ARTICLE I, MAGISTERIAL DISTRICTS; TO AMEND
SECTION 1 -2 DISTRICTS ENUMERATED AND SECTION 1 -3
BOUNDARIES.
Upon motion made by Robert M. Rhodes, seconded by Dudley H.
Rinker and passed unanimously, the following ordinance amendment
was approved:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 7,
ELECTIONS; ARTICLE II, ELECTION PRECINCTS; TO AMEND SECTION
2 -2, PRECINCTS AND RESPECTIVE POLLING PLACES ENUMERATED AND
SECTION 2 -3, BOUNDARIES.
(A copy of the above ordinance amendments is on file in the
Office of the County Administrator).
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 9.
FINANCE AND TAXATION: ARTICLE III, REAL ESTATE TAX RELIEF
FOR THE ELDERLY AND DISABLED; SECTIONS 3 -3 -5, 3 -3 -6 AND 3 -5
TO INCREASE THE LIMITS FOR ELIGIBILITY FOR TAX RELIEF FOR
THE ELDERLY - APPROVED
Mr. Riley presented this ordinance amendment request.
There was no public input.
Mr. Smith asked how the general public was notified of this
information.
Mr. Orndoff, Jr., Treasurer, replied through their tax bill
when it is mailed.
Upon motion made by Robert M. Rhodes, seconded by Charles
W. Orndoff, Sr. and passed unanimously, the following ordinance
amendment was approved:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 9,
FINANCE AND TAXATION; ARTICLE III, REAL ESTATE TAX RELIEF
FOR THE ELDERLY AND DISABLED; SECTIONS 3 -3 -5, 3 -3 -6 AND 3 -5
TO READ AS FOLLOWS:
3 -3 -5 The gross combined income from all sources of such
claimant owner or owners of such dwelling, living
therein, and of their relatives living in such
dwelling, for the immediately preceding calendar
year does not exceed the sum of twenty -five thousand
dollars in the case of exemption claimants provided
that the first seventy -five hundred dollars of any
income received by any claimant owner as permanent
disability compensation shall not be included in
such total; and provided that the first sixty -five
255
hundred dollars of income of each relative, other
than spouse of such claimant owner or owners, who is
living in such dwelling shall not be included in
such total.
3 -3 -6 The net combined financial worth of such claimant
owner or owners and of their relatives living in
such dwelling, as of December 31 of the year immedi-
ately preceding the taxable year for which the
exemption is claimed, does not exceed sixty -five
thousand dollars. Net combined financial worth
shall include the value of all assets, including
equitable interests, exclusive of the fair market
value of the dwelling for which exemption is claimed
and of the land not exceeding one acre upon which it
is situated. Net worth is computed by subtracting
liabilities from assets.
3 -5 CALCULATION OF AMOUNT OF EXEMPTION
The amount of the exemption granted pursuant to this
Article shall be a percentage of the real estate tax
assessed for the applicable taxable year in accord-
ance with the following scale:
Total Combined Income
$ -0- - $ 8
$ 8,001 - $11,000
$11,001 - $14,000
$14,001 - $17,000
$17,001 - $20,000
$20,001 - $25,000
Percentage of Exemption
End of Public Hearings.
100%
95%
85%
70%
50%
25%
APPROVAL OF APPLICATION TO THE VPSA SUMMER SUBSIDIZED SALE
- APPROVED UNDER THE CONSENT AGENDA
Upon motion made by Charles W. Orndoff, Sr., seconded by
Dudley H. Rinker and passed unanimously, the following resolu-
tion was approved under the Consent Agenda:
WHEREAS, the Frederick County School Board and the Board of
Supervisors of the County of Frederick, Virginia ( "County ") have
determined that it is advisable to contract a debt and issue
general obligation bonds of the County in an amount not to
exceed $1,000,000 to finance certain capital improvements for
school purposes (the "Bonds ") and to sell the Bonds to the
Virginia Public School Authority ( "VPSA") at the Summer 1991
VPSA bond sale:
NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors
of the County of Frederick, Virginia:
1. The County Administrator and the Director of Finance or
either of them is hereby authorized and directed to submit an
application to the VPSA in order to sell the Bonds to the VPSA
at the Summer 1991 VPSA bond financing.
2. This resolution shall take effect immediately.
FIRE PLAN - RHINEHART PROPERTY - RECEIVED AS INFORMATION
Mr. Riley presented this plan.
Mr. Crosen asked if tires could not be buried at the
Landfill, why could they be buried on Mr. Rhinehart's property.
256
Mr. Riley explained that this is the plan that the State
has submitted.
Mr. Rinker stated that he would much rather see the tires
hauled away from the County.
Mr. Crosen asked if Frederick County could ever be held
liable for this down the road.
The Board discussed this and decided to only receive this
as information and take no action.
PLANNING COMMISSION BUSINESS
PUBLIC HEARING
1991-1992 SIX YEAR SECONDARY ROAD IMPROVEMENT PLAN -
APPROVED
Mr. Watkins presented the order of projects listed in the
1991 -1992 Secondary Road Improvement Plan as adopted by the
Board of Supervisors on January 9, 1991 and stated that there
were no changes recommended by the Planning Commission.
No changes were recommended by the Board of Supervisors.
There was no public input.
Upon motion made by Charles W. Orndoff, Sr., seconded by W.
Harrington Smith, Jr. and passed unanimously, the 1991 -1992
Secondary Road Improvement Plan was approved as adopted by the
Board of Supervisors on January 9, 1991.
End of Planning Commission public hearings.
ROAD RESOLUTION - NOTTOWAY DRIVE - APPROVED UNDER THE
CONSENT AGENDA
Upon motion made by Charles W. Orndoff, Sr., seconded by
Dudley H. Rinker and passed unanimously, the following resolu-
tion was approved under the Consent Agenda:
BE IT RESOLVED, that the Virginia Department of Transporta-
tion is hereby requested to add the following roads to the
Secondary System of Frederick County, pursuant to Section
33.1 -229 of the Code of Virginia, 1950, as amended:
Nottoway Drive (60' ROW) Nottoway Subdivision, Section II
From: Intersection with Route 1049
To: 312,00' or 0.06 mile North of Intersection with
Route 1049 (cul -de -sac)
Length: 312.00' or 0.06 mile and as described in Deed Book
586, Page 611 and certified on December 11, 1984.
The total length of this proposed addition is 312.00' or 0.06
mile.
BE IT FURTHER RESOLVED, that the Board of Supervisors does
guarantee to the Commonwealth of Virginia an unrestricted
right -of -way of 60' as described in the above referenced Deed
257
Book and Page numbers, with the necessary easements for cuts,
fills and drainage.
End of Planning Commission business.
FINANCE COMMITTEE REPORT
Mr. Rhodes, Chairman of the Finance Committee, presented
the following report:
The Finance Committee met on Wednesday, May 1, 1991 in the
Old Courthouse Conference Room at 1:30 P.M.
The following agenda items require Board action:
Request from the Parks and Recreation Director for a
General Fund Supplemental Appropriation in the Amount of
$250.00 - Approved
The Parks and Recreation Director requests a General Fund
supplemental appropriation in the amount of $250.00 received
from the Winchester Coca -Cola Bottling Company to be used toward
the sponsorship of the Annual Tri -State Basketball Tournament.
No additional local funds are needed. See attached memo. The
Committee recommends approval.
Upon motion made by Robert M. Rhodes, seconded by Dudley H.
Rinker and passed unanimously, the above request was approved.
Request from the Commissioner of the Revenue for a General
Fund Supplemental Appropriation in the Amount of $2,520.00
- Approved
The Commissioner of the Revenue requests a General Fund
supplemental appropriation in the amount of $2,520.00 to com-
plete the Marcadet filing system change line item
#1209- 7002 - 000 -000. See attached memo. The Committee recom-
mends approval.
Upon motion made by Robert M. Rhodes, seconded by Dudley H.
Rinker and passed unanimously, the above request was approved.
_Request from the Director of Fire and Rescue for a General
Fund Supplemental Appropriation in the Amount of $8,943.14
- Approved
The Director of Fire and Rescue requests a General Fund
supplemental appropriation in the amount of $8,943.14 as reim-
bursement for expenses for hazardous materials incident on
October 12, 1990. The funds to be distributed as follows:
Frederick County Fire and Rescue line item 3505- 2404 -000 -015,
$957.26; Frederick County Sheriff's Department line item
3102 - 5409 - 000 -000, $1,384.59; Greenwood Volunteer Fire Company
258
$35.57 and City of Winchester, $6,565.72. No additional local
funds are needed. See attached memo. The Committee recommends
approval.
Upon motion made by Robert M. Rhodes, seconded by Dudley H.
Rinker and passed unanimously, the above request was approved.
Fund supplemental appropriation in the amount of $6,945.00, as
follows: ADP Equipment line item #8101- 7007 - 000 -000, $6,198 and
Furniture and Fixtures line item #8101- 7002 - 000 -000, $747.
These funds were approved in the FY 1992 budget based on reduc-
tions in other areas and the Director of Planning is asking that
these amounts be subtracted from the FY 1992 budget. See
attached memo. The Committee recommends approval.
Upon motion made by Robert M. Rhodes, seconded by Dudley H.
Rinker and passed unanimously, the above request was approved.
Approved
The Finance Director requests a General Fund supplemental
appropriation in the amount of $17,011.48 for communication
equipment. The Committee recommends approval.
Upon motion made by Robert M. Rhodes, seconded by W.
Harrington Smith, Jr. and passed unanimously, the above request
was approved.
Request from the Director of Information Services for a
General Fund Appropriation Transfer in the Amount of
$12,000.00 - Approved
The Director of Information Services requests a General
Fund appropriation transfer in the amount of $12,000.00, to be
transferred as follows; $8,000 from 1220 - 8001 - 000 -000 Lease Rent
of Equipment and $4,000 from 1220 - 3005 - 000 -000 Maintenance
Service Contracts to 1220 - 7007 - 000 -000 ADP Equipment. The
Director of Information Services wishes to purchase a 600 meg
disk drive from IBM. No additional local funds are necessary.
See attached transfer forms. The Committee recommends approval.
The Director of Planning and Development requests a General
259
Upon motion made by Robert M. Rhode
Rinker and passed unanimously, the above
Resolution Authorizing Loan Renewal
IBM AS /400 Computer System in the A4
$215,841.00 - Approved
See attached resolution authorizing
s, seconded by Dudley H.
request was approved.
for FY 91 -92 for the
oproximate Amount of
loan renewal for FY
91 -92 for the IBM AS /400 computer system in the approximate
amount of $215,841.00. Funds necessary to repay this loan were
appropriated in the budget for FY 91 -92. This loan must be
renewed annually and contains the same provisions as last year.
The Committee recommends approval.
Upon motion made by Robert M. Rhodes, seconded by Dudley H.
Rinker and passed unanimously, the above request was approved.
Request from the Director of Economic Development for a
General Fund Appropriation Transfer in the Amount of $9,604
- Approved
The Economic Development Director requests a General Fund
appropriation transfer in the amount of $9,604, to be trans-
ferred as follows; $4,129 from 8102 - 1001 - 000 -002 Coordinating
Director, $4,800 from 8102 - 8001 - 000 -000 Lease Rent of Equipment
and $675 from 8102 - 5506 -000 -000 Travel to 8102 - 7007 - 000 -000 ADP
Equipment. No additional local funds are necessary. See
attached memo.
Upon motion made by Robert M. Rhodes, seconded by Dudley H.
Rinker and passed unanimously, the above request was approved.
The following items are for fiscal year 1991 -1992:
Request from the Administrator of the Lord Fairfax Health
District for a General Fund Supplemental Appropriation For
FY 1992 in the Amount of $9,943.00 - Approved
See attached correspondence from David Crabtree, Admini-
strator of the Lord Fairfax Health District concerning the
impact of the five (5) percent reduction in requested budget
funds. Therefore, the Administrator of the Lord Fairfax Health
District is requesting a General Fund Supplemental Appropriation
for FY 1992 in the amount of $9,943.00. See attached memo. The
Committee recommends approval.
Upon motion made by Robert M. Rhodes, seconded by Dudley H.
Rinker and passed unanimously, the above request was approved.
WINDY HILL ROAD PROJECT AWARDED TO L. F. FRANKLIN AND
APPROVAL OF TRANSFER REQUEST IN THE AMOUNT OF $19,1000
260
Upon motion made by W. Harrington Smith, Jr., seconded by
Charles W. Orndoff, Sr. and passed unanimously, to award L. F.
Franklin the work to be done on the Windy Hill road project and
to approve the transfer request in the amount of $19,100 from
line item appropriation 10- 4102 - 5415 -000 to 4102 - 3002 -000 (Road
Administration).
FIRST BOARD MEETING IN JUNE MOVED TO TUESDAY, JUNE 1 DUE
TO JAMES WOOD HIGH SCHOOL'S GRADUATION
Mr. Stiles stated that with the Board's concurrence, the
first Board meeting in June would be moved to June 11th due to
James Wood High School's graduation being on June 12.
The Board concurred.
SECOND BOARD MEETING IN JUNE CANCELLED
Upon motion made by Charles W. Orndoff, Sr., seconded by W.
Harrington Smith, Jr. and passed unanimously, the second Board
meeting in June (26th) was cancelled.
BOARD RETIRED INTO EXECUTIVE SESSION
Upon motion made by Dudley H. Rinker, seconded by Charles
W. Orndoff, Sr. and passed unanimously, the Board retired into
Executive Session in accordance with Virginia Code, 1950, as
amended, Section 2.1 -344, Subsection A (1) to discuss Personnel
matters.
BOARD WITHDREW FROM EXECUTIVE SESSION
Upon motion made by Charles W. Orndoff, Sr., seconded by W.
Harrington Smith, Jr. and passed unanimously, the Board withdrew
from Executive Session.
BOARD RECONVENED INTO REGULAR SESSION
Upon motion made by Dudley H. Rinker, seconded by Robert M.
Rhodes and passed unanimously, the Board reconvened into Regular
Session.
Upon motion made by Dudley H. Rinker, seconded by Robert M.
Rhodes and passed unanimously, that nothing was discussed other
than what was noted in the request for an Executive Session.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT
WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN.
261
r
WCJ,Boa d of S pervisors