August 14, 1991 Regular Meeting°310
A Regular Meeting of the Frederick County Board of Super-
visors was held on August 14, 1991, 7:15 P.M., in the Board of
Supervisor's Meeting Room, Frederick County Courthouse, Loudoun
Street Mall, Winchester, Virginia.
PRESENT Kenneth X. Stiles, Chairman; Robert M. Rhodes,
Vice - Chairman; Dudley H. Rinker; Roger L. Crosen; W. Harrington
Smith, Jr. and Charles W. Orndoff, Sr. Mr. Smith arrived
following Executive Session.
CALL TO ORDER
The Chairman called the meeting to order and asked that
everyone observe a moment of silence in absence of a Minister.
ADOPTION OF AGENDA
Mr. Stiles requested time to address certain concerns
within Wilde Acres Subdivision.
Mr. Riley, County Administrator, requested an Executive
Session under Virginia Code, 1950, as amended, Section 2.1 -344,
A (5), Possible Business Prospects.
Upon motion made by Dudley H. Rinker, seconded by Charles
W. Orndoff, Sr. and passed unanimously, the Agenda was adopted
as amended.
APPROVAL OF MINUTES
Upon motion made by Charles W. Orndoff, Sr., seconded by
Dudley H. Rinker and passed unanimously, the minutes of the
Regular Meeting of July 10, 1991 were approved as presented.
CONSENT AGENDA
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the following items were approved
under the Consent Agenda:
Tab B - Certificate of Appreciation;
Tab F - Memorandum from County Administrator John R. Riley,
Jr., Re: Emergency Ban on Open Air Burning;
Tab H - Request from the Director of Parks and Recreation
Resolution Re: Recreational Access Road;
Tab I - Resolution - Industrial Development Authority of
the City of Winchester Re: Westminster Canterbury
of Winchester, Inc.;
Tab 0 - Preliminary Master Development Plan #005 -91 for
Westminster Canterbury;
Tab P - Subdivision Application - Lula Hodgson Lewis;
311
Tab Q - Road Resolutions;
Tab R - Memorandum Re: Planning Commission Worksession;
Tab S - Public Works Committee Report;
Tab T - Personnel Committee Report with the exception of
Number 4;
Tab U - Finance Committee Report with the exception of
Number 7.
RESOLUTION - INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY
OF WINCHESTER RE: WESTMINSTER - CANTERBURY OF WINCHESTER.
INC. - APPROVED
This resolution calls for a roll call vote therefore it was
voted on separately.
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the following resolution was
approved:
WHEREAS, the Industrial Development Authority of the City
of Winchester ( "Authority "), has considered the request of
Westminster- Canterbury of Winchester, Inc. ( "Company ") regarding
the issuance of the Authority's revenue bonds in an amount not
to exceed $21,225,000 ( "Replacement Bonds ") to assist the
Company in replacing the outstanding aggregate principal amount
of the Authority's $24,225,000 Residential Care Facility First
Mortgage Revenue Bonds (Westminster- Canterbury of Winchester,
Inc.) Series 1985, issued to finance the acquisition, construc-
tion and equipping of a 108 -unit residential and health care
center ( "Project ") located at 956 Westminster- Canterbury Drive,
and has held a public hearing thereon on July 22, 1991;
WHEREAS, Section 147(f) of the Internal Revenue Code of
1986, as amended (the "Code "), provides that the governmental
unit having jurisdiction over the area in which any facility
financed with the proceeds of private activity bonds is located
must approve the issuance of the bonds;
WHEREAS, Section 15.1 -1378 of the Code of Virginia of 1950,
as amended (the "Virginia Code "), provides that if a locality
has created an industrial development authority, no industrial
development authority created by a second locality may finance a
facility located in the first locality unless the governing body
of such first locality concurs with the inducement resolution
adopted by the industrial development authority created by the
second locality;
WHEREAS, the Board of Supervisors of the County of
Frederick, Virginia ( "Board ") has created an industrial develop-
ment authority; a portion of the Project is located in the
County of Frederick, Virginia ( "County ") and the Board consti-
tutes the highest governmental unit of the County;
WHEREAS, the Authority has recommended that the Board
approve the issuance of the Replacement Bonds; and
WHEREAS, a copy of the Authority's resolution approving the
issuance of the Replacement Bonds, subject to the terms to be
agreed upon, a certificate of the public hearing and a Fiscal
Impact Statement have been filed with the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF FREDERICK, VIRGINIA:
31�
1. The Board concurs with the resolution adopted by the
Authority and approves the issuance of the Replacement Bonds by
the Authority for the benefit of the Company, as required by
Section 147(f) of the Code and Section 15.1- 1378.1 of the Code
of Virginia of 1950, as amended.
2. The approval of the issuance of the Replacement Bonds
does not constitute an endorsement to a prospective purchaser of
the Replacement Bonds of the creditworthiness of the Project or
the Company.
3. Pursuant to the limitations contained in Temporary
Income Tax Regulations Section 5f.103- 2(f)(1), this resolution
shall remain in effect for a period of one year from the date of
its adoption.
4. This resolution shall take effect immediately upon its
adoption.
BOARD BEARD FROM CITIZENS OF WILDE ACRES SUBDIVISION RE:
DISSATISFACTION WITH THE BOARD OF DIRECTORS AND THEIR
HANDLING OF BUSINESS/OPERATION.-OF WILDE ACRES
Ms. Ethel Nichols, representing the Homeowners Association
of Wilde Acres Subdivision, appeared before the Board and
explained how upset the majority of homeowners in Wilde Acres
are with how things are being handled by the staff and Board of
Directors. She stated they felt they are in no way being heard
and that the money they are required to pay for membership each
year is not going toward the roads, etc. as it should in order
to make improvements to this subdivision. She outlined where
the funds were being spent with the majority going to salaries.
Ms. Nichols further noted that certain things were promised to
the citizens when they purchased these lots, such as a lake for
swimming and at this point the lake is unfit for swimming.
Mr. Rinker asked how many people are living in Wilde Acres
at this time.
Ms. Nichols replied there are approximately 100 homes
there.
Ms. Phyllis Althof Brill, resident and employee of Wilde
Acres, appeared before the Board to request that this matter be
postponed as most of the Board of Directors were out of town and
were unable to be present at this meeting.
Mr. Stiles explained to Ms. Brill that inasmuch as many of
the residents were present that the Board would continue with
this discussion.
313
Ms. Brill explained the budget and sources of income and
stated that the Board of Directors had recently voted to have a
two year audit performed by Yount, Hyde & Barbour.
Mr. Crosen asked if Yount, Hyde & Barbour was also doing
the financial statement.
Ms. Brill replied, yes.
Mr. Crosen asked if they had prepared the financial state-
ment in the past.
Ms. Brill replied, no.
Mr. Stiles asked Ms. Brill if she objected to the County
Sheriff's Department taking over the roads in Wilde Acres.
Ms. Brill replied, yes, that the Directors did not want
this.
Mr. Stiles explained that from what he had been able to
determine in an earlier meeting with citizens from Wilde Acres
is that the By -Laws of the property owners are not being fol-
lowed, i.e., the signing of checks by anyone else other than the
Treasurer is not allowed, however this is being done. He
11 referred to Article IV, Section 5, Page 5 where this is defi-
nitely spelled out. Mr. Stiles also asked Ms. Brill about why
citizens were not being allowed to attend all meetings as well
as receiving copies of the minutes and financial statements.
Ms. Brill replied that they could attend any meeting as
long as there was available room. She further stated that
minutes and financial statements were available upon request.
Mr. Stiles stated that this is not what he had been told by
some of the citizens.
Mr. Rhodes stated that he felt this was a legitimate
concern and he felt the Board needed some clarification with
regard to procedure, therefore he requested that a meeting be
scheduled in order that the property owners might attend.
Mr. Stiles once again stated that he felt there is a
definite discrepancy in how certain matters are being handled
and most definitely the process being used during the elections
is wrong. Mr. Stiles further stated that the Board of Directors
should not be employees of the Board of Directors. Mr. Stiles
314
directed Mrs. Bayliss to set up a meeting that would include Mr.
Rhodes, Ms. Brill, Ms. Nichols, Mr. Riley, Mr. Owen and property
owners, as well as himself, for further discussion of this
situation.
CERTIFICATE OF APPRECIATION FOR C &P TELEPHONE COMPANY -
APPROVED UNDER THE CONSENT AGENDA
CLOYD G AARSETH APPOINTED TO THE LORD FAIRFAX COMMUNITY
COLLEGE BOARD
Upon motion made by Roger L. Crosen, seconded by Robert M.
Rhodes and passed unanimously, Cloyd G. Aarseth was appointed to
the Lord Fairfax Community College Board as a representative
from Frederick County for a four year term, said term to com-
mence August 14, 1991 and expire June 30, 1995.
APPOINTMENT TO LORD FAIRFAX HEALTH DISTRICT SERVICES
ADVISORY BOARD TABLED UNTIL NEXT MEETING
DON LENTZ APPOINTED TO THE INDUSTRIAL DEVELOPMENT AUT HORITY
Upon motion made by Roger L. Crosen, seconded by Dudley H.
Rinker and passed unanimously, Don Lentz was appointed to serve
on the Industrial Development Authority, filling the unexpired
term created by the recent death of Mr. Wade Emmart, said term
to expire November 10, 1993.
APPOINTMENTS MADE TO THE SHENANDOAH VALLEY PRIVATE INDUSTRY
COUNCIL (PIC)
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the following were endorsed for
appointment to the Shenandoah Valley Private Industry Council
(PIC) :
Jack Altemus - Employment Service
Albert L. Orndorff - Educational Agencies
Trudy Khan - Organized Labor
Rodney (Jeff) Weaver - Rehabilitation Agencies
SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE - ROBERT
S HARTMAN PEGGY J. MOONEY AND GENE R. JANISCH APPOINTED
Mr. Rhodes presented this and stated that he was disap-
pointed in how this had turned out, not with the individuals
that had been selected by the Personnel Committee, but with all
that had transpired since this process was decided upon. He
stated that he felt that it had caused hard feelings among the
membership of Shawneeland and has definitely not turned out the
315
way the Board had hoped it would when the decision was made to
go with this method of selecting Sanitary District members.
Mr. Crosen stated that it was no secret on how he felt this
election process should be done and that being the citizens of
Shawneeland should be the ones to make the decision on who will
represent them and he had no problem with those individuals that
the Personnel Committee had recommended as a result of their
interviews, therefore he would move to approve the names of
Robert S. Hartman, Peggy J. Mooney and Gene R. Janisch.
Mr. Rinker seconded for purposes of discussion. Mr. Rinker
stated that Shawneeland had had more than their share of prob-
lems and he would hope that the County had learned something
from the way this balloting was conducted and be willing to make
the necessary changes before the next election.
Mr. Orndoff stated that he agreed with Mr. Rinker.
Mr. Stiles stated that he felt he would have to go with the
three individuals receiving the highest number of votes from the
citizens of Shawneeland. He further stated that he felt the
ballot should be reworked before another election.
The question as to whether or not Shawneeland was affected
by the Homeowners Act was discussed and Mrs. Mary Still, a
member of HALOAS, appeared before the Board and stated that
Shawneeland is not affected, for if it is not in the Code, then
it cannot be done.
The above motion was approved by the following recorded
vote: Aye - Kenneth Y. Stiles, Roger L. Crosen and Charles W.
Orndoff, Sr. Nay - Robert M. Rhodes and Dudley H. Rinker.
The above were appointed for a three year term, said term
to commence August 14, 1991 and expire June 30, 1994.
MEMORANDUN FROM THE DIRECTOR OF VIRGINIA COOPERATION
EXTENSION SERVICE RE: DROUGHT DISASTER RELIEF - APPROVED
Dr. Gary DeOms, Extension Agent, appeared before the Board
on behalf of this request.
Upon motion made by Dudley H. Rinker, seconded by Charles
W. Orndoff, Sr. and passed unanimously, the following resolution
was approved:
316
WHEREAS Frederick County has suffered from severe drought,
and
WHEREAS this condition in this agricultural area has
caused major damage to corn, hay, pasture, fruit and other
crops, and
WHEREAS, estimated losses in agricultural crops may exceed
$9.4 million, and
WHEREAS, crop damages continue to increase daily due to the
need for water, and
WHEREAS, there is a critical need to assist the farmers as
a result of the extreme weather conditions.
NOw, THEREFORE, BE IT RESOLVED, that the Frederick County
Board of Supervisors declared a state of emergency in Frederick
County on August 14, 1991 and the Honorable Douglas Wilder,
Governor of the Commonwealth, is petitioned by the Board of
Supervisors to declare that an emergency exists in Frederick
County and the Governor is further petitioned to request the
President of the United States or the Secretary of Agriculture
to recognize the county emergency situation and make the federal
farmer emergency programs available to those who need them in
Frederick County.
MEMORANDUM FROM COUNTY ADMINISTRATOR JOHN R. RILEY. JR.
RE: EMERGENCY BAN ON OPEN AIR BURNING - APPROVED UNDER THE
CONSENT AGENDA
MEMORANDUM FROM THE TREASURER RE: DELINQUENT PERSONAL
PROPERTY REAL ESTATE AND SHAWNEELAND SANITARY DISTRICT
TAXES AS OF JUNE 30 1991 - DISCUSSED BY THE BOARD
Mr. Orndoff, Jr., Treasurer, appeared before the Board to
discuss the totals that had been presented to them with regard
to delinquent personal property, real estate and Shawneeland
Sanitary District taxes.
Mr. Crosen stated that some of the taxes were back as far
as the 1970's.
Mr. Orndoff stated that was correct as the County is
allowed to go back twenty years in order to try and collect
these amounts, however, there is a lot involved in this process.
Mr. Crosen stated that his feelings were that those owing
taxes should be gone after vigorously as he did not feel it is
fair to those that do pay.
REQUEST FROM THE DIRECTOR OF PARKS AND RECREATION - RESOLU-
TION RE: RECREATIONAL ACCESS ROAD - APPROVED UNDER THE
CONSENT AGENDA
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the following resolution was
approved under the Consent Agenda:
WHEREAS, the Sherando Park is owned and is to be developed
by the County of Frederick as a recreational facility serving
the residents of Frederick County and adjoining localities; and
$17
WHEREAS, the facility is in need of adequate access; and
WHEREAS, the procedure governing the allocation of recrea-
tional access funds as set forth in Section 33.1 -223 of the Code
of Virginia requires joint action by the Director of the Depart-
ment of Conservation and Recreation and the Commonwealth Trans-
portation Board; and
WHEREAS, a statement of policy agreed upon between the said
Director and Board approves the use of such funds for the
construction of access roads to publicly owned recreational
areas or historical sites; and
WHEREAS, it appears to the Board that all requirements of
the law have been met to permit the Director of the Department
of Conservation and Recreation to designate the Sherando Park as
a public recreational facility and further permit the Common-
wealth Transportation Board to provide funds for access to this
public recreation area in accordance with Section 33.1 -223 of
the Code of Virginia; and
WHEREAS, the right of way of the proposed access road is
provided by the County of Frederick at no cost to the Recrea-
tional Access Fund; and
WHEREAS, the Board of Supervisors acknowledges that,
pursuant to the provisions of Section 33.1 -223 of the Code of
Virginia, this road shall be designated a "Virginia Byway" and
recommends the Commonwealth Transportation Board, in cooperation
with the Director of the Department of Conservation and Recrea-
tion, take the appropriate action to implement this designation.
Further, the Board agrees, in keeping with the intent of Section
33.1 -63 of the Code of Virginia, to use its good offices to
reasonably protect the aesthetic or cultural value of this road.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Super-
visors of Frederick County hereby requests the Director of the
Department of Conservation and Recreation to designate the
Sherando Park as a public recreational area and to recommend to
the Commonwealth Transportation Board that recreational access
funds be allocated for an access road to serve said park; and
BE IT FURTHER RESOLVED, that
tion Board is hereby requested to
tional access funds to provide a
before described.
the Commonwealth Transporta-
allocate the necessary recrea-
suitable access road as herein-
PUBLIC HEARING
AMENDMENTS TO THE FREDERICK COUNTY CODE, CHAPTER 9. FINANCE
AND TAXATION: ARTICLE XVIII BUSINESS LICENSES - APPROVED
Upon motion made by Dudley H. Rinker, seconded by Charles
W. Orndoff, Sr. and passed unanimously, the following amendments
to the Frederick County Code, Chapter 9, Finance and Taxation;
Article XVIII, Business Licenses, were approved:
18 -8 -1 Increase amount of tax allowed to be prorated from
$100 to one thousand dollars ($1,000).
18 -8 -3 Change phrase "plus one per centum (1%) thereon
per month thereafter" to "plus ten per centum
(10 %) per annum thereafter...".
18 -16 Change phrase "plus one per centum (1%) thereon
per month" to "plus ten per centum (10 %) per
annum... ".
18 -18 Change last phrase of last sentence from "plus one
318
per centum (1%) thereon per month" to "plus ten
per centum (10 %) per annum ".
18 -25 Change phrase "plus one per centum (1 %) thereon
per month" to "plus ten per centum (10 %) thereon
per annum...".
18 -48 Delete the last two sentences of this paragraph
and replace with "The Commissioner shall issue a
business license identifying the individual
vehicle tag number. The said business license
shall remain within the vehicle."
18 -49 Delete entire paragraph. Classified as
manufacturer by definition under State Code
58.1 -3703 (4).
18 -52 Motor Vehicles For Hire and
18 -53 Motor Vehicles For Hire (Without Driver or
Chauffeur). Need to delete both sections.
Reference to taxation per State Code 56- 291.3:3.
End of Public Hearing.
PLANNING COMMISSION BUSINESS
PUBLIC HEARING
REZONING APPLICATION f00 -91 OF THE SALVATION ARMY -
STONEWALL MAGISTERIAL DISTRICT - APPROVED
Mr. Watkins, Director of Planning and Development, present-
ed this rezoning application request and stated that the staff
and Planning Commission recommended approval.
No one appeared in opposition.
Captain Long was present on behalf of this request.
Upon motion made by Charles W. Orndoff, Sr., seconded by
Dudley H. Rinker and passed unanimously, rezoning application
number 004 -91 of The Salvation Army to rezone 6.591 acres from
M -1 (Light Industrial) to B -2 (Business General) for an Emergen-
cy Family Shelter, Social Services Center, Feeding Center, Day
Care, Citadel and Education was approved. This property is
located north of Winchester on Fort Collier Road in the Stone-
wall Magisterial District and is Identified as Parcel 36F on Tax
Map 54.
REZONING APPLICATION 1005 -91 OF WESTMINSTER- CANTERBURY -
GAINESBORO MAGISTERIAL DISTRICT - APPROVED
Mr. Watkins presented this rezoning application request and
stated that the staff and Planning Commission recommended
approval with proffers.
Mr. Frank Carson, of Patton, Harris, and Rust, was present
on behalf of this request.
319
There was no opposition.
Upon motion made by Roger L. Crosen, seconded by Robert M.
Rhodes and passed unanimously, rezoning application number
005 -91 of Westminster - Canterbury to rezone 2.9375 acres from B -2
(Business General) to RP (Residential Performance) for Retire-
ment Housing was approved with proffers as noted by the Planning
Commission. This property is located off of Route 522 North,
just south of the the Route 37 Intersection, in the Gainesboro
Magisterial District and is identified as Parcel J on Tax Map
53.
CONDITIONAL USE PERMIT 1006 -91 OF RAY S. GEORGE - BACK
CREEK MAGISTERIAL DISTRICT - APPROVED
Mr. Watkins presented this conditional use permit request
and stated that the staff and Planning Commission recommended
approval with conditions.
Mr. Rinker stated that he had noticed that there were no
provisions for a sign and he felt this needed to be amended as
anyone in business needed to have a sign in order that the
general public would know about the business.
Mr. George was present and stated that he too would like to
erect a sign noting the business.
Upon motion made by Robert M. Rhodes, seconded by Dudley H.
Rinker and passed unanimously, conditional use permit number
006 -91 of Ray S. George for a Machine Shop was approved with the
amendment allowing a sign to be erected and that the last
sentence saying that "no outward appearance that a business is
being conducted there" be deleted, and that he is to come back
to the Board if he has any problem with any of the conditions as
they are spelled out. This property is located off of Route 50
West on Route 600 in the Back Creek Magisterial District and is
identified as Parcel 34A on Tax Map 58.
-- REZONING APPLICATION 1006 -91 OF EASTGATE COMMERCE CENTER -
OPEQUON MAGISTERIAL DISTRICT - APPROVED
Mr. Watkins presented this rezoning application request and
stated that the staff and Planning Commission recommended
approval.
32Q
Mr. Chuck Maddox, Engineer with G. W. Clifford and Associ-
ates, appeared before the Board and explained what was involved
with this rezoning application.
Mr. Rinker requested that the proffer for Stephens City
Fire Department be increased by $10,000 due to the size of this
project.
Mr. Rhodes stated that in the future he felt it would be
helpful if proffers could be discussed and worked out before it
comes before the Board.
Mr. Maddox requested time to confer with his client.
The Board agreed.
Mr. Maddox stated that his client was in agreement with the
additional $10,000 for a total of $20,000 as a proffer for the
Stephens City Fire Department.
Mr. Riley stated that on behalf of Board Member W.
Harrington Smith, Jr. who was not present at this time, he would
like to ask about the plans for water to this site.
Mr. Maddox explained that this would be done by way of the
Route 642 corridor.
Upon motion made by Dudley H. Rinker, seconded by Robert M.
Rhodes and passed unanimously, rezoning application number
006 -91 of Eastgate Commerce Center to rezone 25 acres from RA
(Rural Areas) to B -2 (Business General), 20 acres from RA (Rural
Areas) to B -3 (Industrial Transition) and 70 acres from RA
(Rural Areas) to M -1 (Light Industrial) for uses as allowed in
these zoning districts was approved with proffers amended as
noted above. This property is located 1.5 miles north of Double
Tollgate on U. S. Route 522 South in the Opequon District and is
Identified as parcel 53 on Tax Map 76.
End of Public Hearings.
PRELIMINARY MASTER DEVELOPMENT PLAN FOR WESTMINSTER -
CANTERBURY - APPROVED UNDER THE CONSENT AGENDA
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, preliminary master development
plan of Westminster- Canterbury was approved under the Consent
Agenda.
321
SUBDIVISION APPLICATION OF LULA HODGSON LEWIS - APPROVED
UNDER THE CONSENT AGENDA
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the subdivision application of
Lula Hodgson Lewis was approved under the Consent Agenda.
ROAD RESOLUTIONS - ALBIN VILLAGE SECTION III AND NINDY
HILL SUBDIVISION - APPROVED UNDER THE CONSENT AGENDA
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the following road resolutions
were 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:
Village Lane (50' ROW) Albin Village, Section III
From: End of Existing State Maintenance, Route 1155
To: 70' East of Intersection with Cotswold Court
Length: 425.25' or 0.08 Mile and as described in Deed Book
737, Page 313 and certified on January 25, 1990.
Oxford Court (50' ROW) Albin Village, Section III
From: Intersection with Village Lane
To: 255.00 or 0.05 Mile South (cul -de -sac)
Length: 255.00' or 0.05 Mile and as described in Deed Book
737, Page 313 and certified on January 25, 1990.
Cotswold Court (50' ROW) Albin Village, Section III
-- From: Intersection with Village Lane
To: 252.01' or 0.05 Mile North (cul -de -sac)
Length: 252.01' or 0.05 Mile and as described in Deed Book
737, Page 313 and certified on January 25, 1990.
The total length of the addition is 932.26' or 0.18 Mile.
BE IT FURTHER RESOLVED, that the Board of Supervisors does
guarantee to the Commonwealth of Virginia an unrestricted right
of way of 50' as described in the above referenced Deed Book and
Page numbers, with the necessary easements for cuts, fills and
drainage.
BE IT RESOLVED, that the Virginia Department of Transporta-
tion is hereby requested to add the following road to the
Secondary System of Frederick County, pursuant to Section
33.1 -229 of the Code of Virginia, 1950, as amended:
Windy Hill Lane (60' ROW) Windy Hill Subdivision
From: Intersection with Route 522
To: 744.35' or 0.14 Mile West of Intersection with
522 (cul -de -sac)
Length: 744.35' or 0.14 Mile
The total length of this addition is 744.35 feet or 0.14
Mile and as described in Deed Book 517, Page 323 and certified
on December 27, 1979.
BE IT FURTHER RESOLVED, that since the developer has no
remaining financial interest in the subdivision, the County of
Frederick has recently had the right of way reconstructed to
current VDOT standards and specifications and VDOT has provided
the necessary inspection services to insure compliance, that all
maintenance fees and surety bond requirements be waived.
322
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 Book and
Page numbers, with the necessary easements for cuts, fills and
drainage.
MEMORANDUM RE: PLANNING COMMISSION WORKSESSION - APPROVED
UNDER THE CONSENT AGENDA
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the Planning Commission Work-
session on property owner associations was approved under the
Consent Agenda.
End of Planning Commission Business.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT - APPROVED UNDER THE CONSENT
AGENDA
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the following Public Works
Committee Report was approved under the Consent Agenda:
The Public Works Committee met on Tuesday, August 6, 1991,
at 7:30 A.M. Present were Board member Charles W. Orndoff, Sr.;
Committee members Chester A. Renner and Keith A. Tubandt; County
Administrator John R. Riley, Jr.; Assistant County Administrator
Stephen F. Owen; and Director of Engineering and Inspections
Harvey E. Strawsnyder, Jr.
The following items were discussed:
Items Requiring Action
Tax Credit on Recycling Equipment - Approved Under the
Consent Agenda
The Committee discussed a new state law which allows local
governments to exempt recycling business from payment of person-
al property taxes on certain recycling machinery. Approval is
requested to advertise a public hearing on the required code
amendment for the September 11 board meeting (see Attachment 1).
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the above was approved under the
Consent Agenda.
Landfill Tub Grinder - Approved Under the Consent Agenda
The Committee recommends a transfer from contingency line
item 12- 4204 - 5806 -00 to Machinery and Equipment line item
12- 4204 - 7001 -00 in an amount not to exceed $150,000 to purchase
323
a tub grinder to grind yard wastes. This may be a shared
project with other county landfills.
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the above was approved under the
Consent Agenda.
Drainage Improvement Funds - Approved Under the Consent
Agenda
The Committee recommends a transfer from contingency in thel
amount of $10,000 to the appropriate line item in the county
engineer's budget to perform drainage improvements.
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the above was approved under the
Consent Agenda.
House Numbering for Stephens City Postal Zone - Approved
Under the Consent Agenda
The Committee recommends approval of any steps necessary tol
provide the Stephens City's postal zone area with new house
numbers as soon as possible, as a test area in need of special
attention.
11 Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the above was approved under the
Consent Agenda.
Items Not Requiring Action
Cable Television Regulation
A recent decision by the FCC to allow local governments
some regulation of cable television operations was discussed.
The committee and staff are not in favor of the county regulat-
ing cable television.
Street Name Sign Update
Steve Owen reported that the County will need to erect
approximately 3,500 street name signs. This will cost around
$80,000, which can be phased in over several years if necessary.
L eases
The Committee directed staff to renew leases with John
Hoover and the Crazy Plane R /C'ers.
Recycling Report
See Attachment 2.
324
PERSONNEL COMMITTEE REPORT - APPROVED UNDER THE CONSENT
AGENDA
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the following Personnel Committee
Report was approved under the Consent Agenda with the exception
of item number 4:
The Personnel Committee met on August 5, 1991, with the
following members present: Roger L. Crosen, James L.
Longerbeam, Ralph E. Lewis, John R. Riley and Ann K. Kelican.
Robert Rhodes was absent. The Committee submits the following
report and recommendations to the Board of Supervisors for
consideration:
Res tructure of the Finance Department - Approved Un der the
Consent Agenda
The Committee reviewed the attached restructure proposal
for the Finance Department and recommends approval of same.
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the above was approved under the
Consent Agenda.
Addition to the County Drug Abuse Policy - Approved Under
the Consent Agenda
The Committee reviewed the attached proposed addition to
the County's Drug Abuse Policy as required by the auditors and
recommends approval of same.
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the above was approved under the
Consent Agenda.
The Committee reviewed the attached request from the
Regional Jail to establish a Classification Specialist position
at a Range 17 to replace the unclassified Records and Classifi-
cation Supervisor position. The position would still be funded
1/3 block grant and 2/3 localities. The Committee recommends
approval of this request.
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the above was approved under the
Consent Agenda.
325
appointment to the Lord Fairfax Community College Board and
recommends the appointment of Mr. Cloyd Aarseth to said posi-
tion.
FINANCE COMMITTEE REPORT - APPROVED UNDER THE CONSENT
AGENDA WITH THE EXCEPTION OF ITEM NUMBER 7
a
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the following Finance Committee
Report was approved under the Consent Agenda with the exception
of item number 7:
The Finance Committee met on August 8, 1991 in the Old
Courthouse Conference Room at 8:30 A.M. The following agenda
items require Board action:
Request from the Chairman of the Winchester Regional
Airport for Participation in the Funding of the Local Share
of $70,000 - Approved Under the Consent Agenda
The Chairman of the Winchester Regional Airport requests
that Frederick County and the City of Winchester participate in
the funding of the local share of $70,000 for the Runway Safety
Area Expansion Project. This project is not part of the current
5 -year plan. See attached memo. The Committee recommends
approval.
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the above was approved under the
Consent Agenda.
Sanitary District appropriation transfer of $9,990.00 from line
item 16- 8108 - 3004 -03 (Repair and Maintenance - Building) to
16- 8108 - 7001 -00 (Machinery and Equipment). See attached memo.
The Committee recommends approval.
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the above was approved under the
Consent Agenda.
The Committee interviewed the 5 individuals who applied for
The Sanitary District Manager requests a Shawneeland
326
Approved Under the Consent Agenda
The Director of Engineering requests a Landfill supplemen-
tal appropriation of $736.00. This dollar figure represents a
carry forward of funds from FY 90 -91 budget. See attached memo.
The Committee recommends approval.
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the above was approved under the
Consent Agenda.
Request from the Director of Economic Development for a
The Director of Economic Development requests a General
Fund appropriation transfer of $12,000 from various line items.
See attached memo. The Committee recommends approval.
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the above was approved under the
Consent Agenda.
Under the Consent Agenda
The Braddock House is requesting a General Fund supplemen-
tal appropriation in the amount of $24,917.22 as Frederick
County's share of the operating deficit for FY ending 6- 30 -91.
See attached memo. The Committee recommends approval.
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the above was approved under the
Consent Agenda.
The Division of Court Services Director Requests a Division
The Division of Court Services Director requests a Division
of Court Services supplemental appropriation of $22,128 for
repayment to the state for funds unexpended through the grant
period, August, 1989 to June, 1990. See attached memo. The
Committee recommends approval.
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the above was approved under the
Consent Agenda.
327
Request from the Youth Development Center. Inc for Finan-
cial Support from Frederick County in the Amount of
$200.000 - Approved
The Youth Development Center, Inc. is requesting financial
support from Frederick County in the amount of $200,000 with
funding done over a 2 year period. See attached memo. The
Committee recommends a transfer of $100,000 be made from the
Administration Building Fund for this purpose, FY 92.
K It was noted that at this point there is a balance in the
County Fund Balance of $5,000 „000.00 as of June 30, 1991.
Upon motion made by Robert M. Rhodes, seconded by Dudley H.
_R
Rinker and passed unanimously, the above request was approved.
Request from the Winchester - Frederick County Chamber of
Commerce for Financial Support for the Purchase of Flags
for September 7th Celebration - Approved Under the Consent
Agenda
The Winchester - Frederick County Chamber of Commerce re-
quests the financial support for the purchase of flags for the
September 7th celebration recognizing Winchester - Frederick
County as an All- America community. See attached memo. The
Committee recommends a General Fund supplemental appropriation
of $600 for the purchase of twelve flags.
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the above was approved under the
Consent Agenda.
Request from the School Finance Director for a School
Operating Appropriation Transfer in the Amount of $9,282.00
- Approved Under the Consent Agenda
The School Finance Director requests a School Operating
appropriation transfer for $9,282.00 to various line items. See
attached memo. The Committee recommends approval.
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the above was approved under the
Consent Agenda.
Request from the Building Official for Carry Forward of
Funds from FY 90 -91 - Approved Under the Consent Agenda
The Building Official would like to request a carry forward
of funds from FY 90 -91 to the following line items and amounts:
Line item: 10- 3401 - 7005 -00 (vehicle) $30,000.00
10- 3401 - 7002 -00 (furniture) 18
10- 3401 - 5506 -00 (training) 21000.00
TnIne
See attached memo. The Committee recommends approval.
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the above was approved under the
Consent Agenda.
$7,500 - Approved Under the Consent Agenda
The Parks and Recreation Director requests a General Fund
supplemental appropriation for $7,500 to purchase fuel storage
tanks. See attached memo. The Committee recommends approval.
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the above was approved under the
Consent Agenda.
FY 92 - Approved Under the Consent Agenda
The Director of Court Services requests appropriation of
remaining Detox Center Construction Funds FY 92. See attached
memo. The Committee recommends approval.
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the above was approved under the
Consent Agenda.
For Information Only:
1. Frederick County has been awarded the Certificate of
Achievement for Excellence in financial reporting for year ended
June 30, 1990. See attached letter.
2. The following entities receiving donations from
Frederick County have sent letters acknowledging their apprecia-
tion:
Lord Fairfax Soil and Water Conservation District
Northwestern Virginia Health Systems Agency, Inc.
End of Committee Reports.
CONSIDERATION TO BE GIVEN TO VARIOUS YOUTH GROUPS THROUGH-
OUT THE BUDGET YEAR FOR REQUESTS IN HELPING TO DEFRAY COST,
I.E.. TRAVEL, ETC.
Mr. Rhodes stated that throughout the year various youth
groups make a request of the Board for financial assistance with
various projects and he would like for the Board to consider
helping in this area if at all possible as he felt it would be
329
very worthwhile, such as the youngsters that are currently in
Colorado with the baseball team.
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, A(5) to discuss possible business
prospects.
BOARD WITHDREW FROM EXECUTIVE SESSION
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the Board withdrew from Executive
Session.
BOARD RECONVENED INTO REGULAR SESSION
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the Board reconvened into Regular
Session.
Board Member W. Harrington Smith, Jr. arrived at this time.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT
WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN.
ler Board 6f SuEervisors