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HomeMy WebLinkAboutApril 11, 1990 Regular Meeting558 A Regular Meeting of the Frederick County Board of Super- visors was held on April 11, 1990, 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. INVOCATION The invocation was delivered by the Reverend Thomas Berlin of the Brucetown /Welltown United Methodist Church. ADOPTION OF AGENDA Mr. Riley, County Administrator, requested the following amendments: 1. Supplemental appropriation for the Jail. 2. Consideration of supplemental appropriation for the Tour de Trump. 3. Executive Session to discuss personnel matters. Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes and passed unanimously, the Agenda was adopted as amend- ed. CONSENT AGENDA Upon motion made by Roger L. Crosen, seconded by Dudley H. Rinker and passed unanimously, the following Tabs were approved under the Consent Agenda: Tab F - Approval of VPSA Resolution. Tab H - Shenandoah Area Agency on Aging's Annual Report for Fiscal Year 1989. Tab I - Virginia Employment Commission's Job Service Plan of Service for Program Year 1990. Tab N - Public Works Committee Report. APPROVAL OF MINUTES Mr. Crosen noted the following corrections to the minutes of February 28, 1990: Page 4, third paragraph, the vote should read, "Aye - Robert M. Rhodes, Dudley H. Rinker, Roger L. Crosen, W. Harrington Smith, Jr. and Kenneth Y. Stiles. Nay - Charles W. Orndoff, Sr. "; Page 4, paragraph 6, should read, "... 559 Board members Roger L. Crosen and Robert M. Rhodes will meet with the Board of Directors for the Day Care Center to establish an agreement between the Day Care Center and the County "; Page 7, seventh paragraph, should read, "Mr. Watkins presented the proposal from Donahue and Associates to develop a preliminary stormwater management plan for the County. "; Page 7, tenth paragraph, should read, "...the preliminary stormwater management plan proposal by Donahue and Associates was approved. "; Page 9, sixth paragraph, "...go to Interchange 78." It was also noted that on Page 6, second paragraph, it should read "three Farmers /Orchardist" and not "two "; Page 7, fourth paragraph, it should read, "Mr. Mislowski" and not "Minskloski ". Upon motion made by Charles W. Orndoff, Sr., seconded by Dudley H. Rinker and passed unanimously, the minutes of the Regular Meeting of February 28, 1990 were approved as amended. Mr. Orndoff noted the following corrections to the minutes of March 14, 1990: Page 1, seventh paragraph, it should read, "Mr. Alfred Snapp" and not "Ralph Snapp "; Page 14, before the last paragraph the following should be inserted, "Upon motion made by Charles W. Orndoff, Sr. and seconded by Robert M. Rhodes......" Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the minutes of the Regular Meet- ing of March 14, 1990 were approved as amended. COMMITTEE APPOINTMENTS - LORD FAIRFAX SUBAREA HEALTH ADVISORY COUNCIL AND SANITATION AUTHORITY - TABLED GARY O. VANMETER REAPPOINTED TO THE HISTORIC RESOURCES ADVISORY BOARD Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes and passed unanimously, Gary 0. VanMeter was reappointed to the Historic Resources Board as a representative from Shawnee District, said term to commence May 10, 1990 and expire May 10, 1991. ROBERT E . ROPER REAPPOINTED TO THE PARRS AND RECREATIC Upon motion made by Charles W. Orndoff, Sr. and seconded by Roger L. Crosen, Robert E. Roper was reappointed to the Parks 560 and Recreation Commission as a representative from Stonewall District, said term to commence May 14, 1990 and expire May 14, 1994. The above motion was passed by the following recorded vote: Aye - Kenneth Y. Stiles, Robert M. Rhodes, Roger L. Crosen, W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Nay - Dudley H. Rinker. COUNTY OFFICES TO CLOSE FOR ANNUAL APPLE BLOSSOM FESTIVAL Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, all County Offices are to be closed on Friday, May 4, 1990 in observance of the Annual Shenandoah Apple Blossom Festival. DATE SCHEDULED FOR PUBLIC HEARING FOR PLANNING DEPARTMENT REZONING REQUESTS Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes and passed unanimously, May 9, 1990 was set as the public hearing date for rezoning request number 012 -89 of Top of Virginia Development Corporation (Caleb Heights) and rezoning request number 003 -90 of Reading Landscapes, Inc. CORRECTION OF STR EET NAME - ROSSUM LANE - APPROVED Mr. Watkins, Planning and Development Director, explained that during the road and /or street naming process, Route 736 was listed as "Rossum Lane" and it should have been "Possum Lane ", and an area citizen had requested that this be corrected. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the name of "Rossum Lane" was changed to "Possum Lane ". VPSA RESOLUTION - APPROVED UNDER CONSENT AGENDA FISCAL YEAR 1990 -1991 BUDGET - APPROVED Mr. Riley read the following resolution: WHEREAS, a notice of public hearing and budget synopsis has been published and a public hearing held on March 26, 1990, in accordance with Title 15.1, Chapter 4, Section 15.1 -162, of the Code of Virginia, 1950, as amended, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Frederick, Virginia, that the budget for the 1990 -1991 fiscal year as advertised in the Winchester Evening Star on March 19, 1990, as amended, be hereby approved in the amount of $92,004,846 and that appropriations in the amount of $92,004,846 be hereby authorized for the 1990 -1991 fiscal year; and 561 BE IT FURTHER RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, does herein adopt the tax rate for the 1990 assessment year at the rate of .78¢ to be applied to real estate, the rate of $4.25 to be applied to personal property, the Business, Professional and Occupational License rates are as follows: retail .20¢ per $100 of gross receipts, contractors .16¢ per $100 of gross receipts, professional services .58¢ per $100 of gross receipts, personal and business .36¢ per $100 of gross receipts, wholesale .5¢ per $100 of purchases, and the rate of $4.25 to be applied to machinery and tools, and the rate of $17 per ton minicpal and $19 per ton commercial to be applied to landfill; and BE IT FURTHER RESOLVED, that appropriations are hereby authorized for the central stores fund, special welfare fund, health insurance fund and unemployement compensation fund equal to the total cash balance on hand at July 1, 1990, plus the total amount of receipts for the fiscal year 1990 -1991. Mr. Stiles stated that the School Board was requesting that $109,667 be used for an additional 18 for teachers' salaries. He further stated it was not known by the School Board that these additional funds would be available until just a few days ago when word was received from the State. Mr. Crosen stated that he did not agree that this money should be used for an additional increase as he felt it should be set aside and used for an emergency. He further stated that the City teachers had requested 9% and were only getting 7% and he felt this additional increase was not necessary. Mr. Rhodes explained that in order to remain competitive and to get the pay up to where it should be, he felt this in- crease was necessary. Mr. Smith stated that no local funds are involved and he too felt, in order for Frederick County to remain competitive, this increase should be approved. Mr. Rinker stated that he agreed with Mr. Crosen, that this should have been done during budget preparation. Mr. Stiles noted that for the first time in years he felt the School Board had been very coop budget deliberations with the Board felt that these figures were in all before now. Mr. Rinker asked if the census ducted would affect the figures for arative and honest in their and he appreciated that, and probability not available that is currently being con - the schools. 562 Mr. Stiles replied that the Federal census had zero affect on the school budget. Upon motion made by Robert M. Rhodes and seconded by W. Harrington Smith, Jr., to amend the school budget to include an increase of $109,667, there being no local funds to be used for a 1% increase in teachers' salaries. The above motion was passed by the following recorded vote: Aye - Kenneth Y. Stiles, Robert M. Rhodes, W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Nay - Dudley H. Rinker and Roger L. Crosen. AMENDMENTS TO THE BUDGET AS PRESENTED AT THE PUBLIC HEARING ON MARCH 26, 1990 Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the following amendments to the Fiscal Year 1990 -1991 Budget were approved: 1. School Operating Transfers - Decrease $333,323. 2. Increase Handley Library - $40,000 (one time capital expenditure for van). 3. Decrease Emergency Services - $75,000 (building eliminated). 4. Approval given to Parks and Recreation to eliminate a soccer field (cost $55,000) and use the $54,384 to fund existing programs. REQUEST FOR SUPPLEMENTAL APPROPRIATION FOR THE REGIONAL JAIL - APPROVED Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the following request for a supplemental appropriation from Capital and Operating Contingencies to the Jail Operations Fund in the amount of $183,682 was approved: This is to request a supplemental appropriation from Captial and Operating Contingencies to the Jail Operations Fund in the amount of $183,682. The Regional Jail Board approved temporarily leasing and renovating the Capital Records Building for housing inmates to alleviate overcrowding of the current jail facility until the new work release facility is completed. The monthly cost to lease the building is $11,812.50 beginning March 26, 1990 (see Attachment 1) and the cost for renovation is anticipated not to exceed $15,000. We hope to be in the new work release facility by December, 1990. In addition, 15 correctional officers are needed (see Attachment 2) to staff the facility. A request for same has been made to the Compensation Board and hopefully approval will be received by July 1, 1990. Until then, we will need funds to supplement their salaries. 563 The cost will be shared by the three participating localities using the current formula (45% - Frederick County, 45% - City of Winchester, and 10% - Clarke County). Mr. Crosen expressed his concerns with certain areas of the budget and stated that he will support tax increase, but is opposed to the following areas: 1. Increase that was given to the Sheriff's Department and Teachers in the middle of the year. 2. Supplemental appropriations during the middle of the year. 3. Feels adequate proffers are not always received from developers. Mr. Smith stated that he agreed with the area dealing with proffers as he did not feel developers are doing all they should in this area. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, to approve the 1990 -1991 Budget as amended. SHENANDOAH AREA AGENCY ON AGING'S ANNUAL REPORT FOR FISCAL YEAR 1989 - APPROVED UNDER CONSENT AGENDA VIRGINIA EMPLOYMENT COMMISSION'S ZOB SERVICE PLAN OF cFU17rr7 Fnu vunr_unM vQnu loon _ avvunmrn rnanPD rnucF PUBLIC HEARING No one appeared in opposition. Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, the following ordinance amendment was approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 9, FINANCE AND TAXATION; BY THE ADDITION OF ARTICLE XIX, PERSONAL PROPERTY TAXES, TO READ AS FOLLOWS: 20 -1 IN GENERAL Pursuant to the Code of Virginia, 1950, as amended, Title 58.1; Chapter 35, Tangible Personal Property and Machinery and Tools Taxes, is hereby adopted by reference thereto. 20 -2 PENALTY AND INTEREST Pursuant to the authority granted by Title 58.1, Mr. Riley presented this amendment. 564 Section 3916 of the Code of Virginia, 1950, as amended, a penalty of ten percent (10 %) of the taxes past due shall be added to any late tax payment and paid. This provision shall apply to tangible personal property and machinery and tools tax payments received by the Treasurer after the date such taxes are due in the County. 20 -3 EXEMPTIONS 20 -3 -1 VOLUNTEER FIREFIGHTERS AND RESCUE SQUAD PERSONNEL Pursuant to the authority granted by Title 58.1 -3506, Subparagraph 12, of the Code of Virginia, 1950, as amended, volunteer firefighters and rescue squad personnel may be exempted from payment of personal property taxes as established by the Board of Supervisors. PLANNING COMMISSION BUSINESS PRELIMINARY MASTER DEVELOPMENT PLAN - CREEKSIDE VILLAGE - APPROVED Mr. Watkins presented this master development plan. Upon motion made by Robert M. Rhodes, seconded by Roger L. Crosen and passed unanimously, the preliminary master development plan of Creekside Village was approved. PUBLIC HEARING REZONING REQUEST #002 -90 OF RICHARD A. GRABER /CREEKSIDE VILLAGE - BACK CREEK MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this rezoning request and stated that the Planning Commission recommended approval. Mr. Al Graber appeared before the Board on behalf of this request. Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr, and passed unanimously, rezoning request number 002 -90 of Richard A. Graber / Creekside Village, 1712 Handley Avenue, Winchester, Virginia to rezone 1.667 acres from RP (Residential Performance) to B -2 (Business General) was approved. This property is located approximately 390' West of Route 11, on the North side of Route 706 and is identified as Parcels 20 -0 and 21 -0 on Tax Map 63(A) in the Back Creek Magisterial District. OTHER PLANNING ITEMS SITE PLAN - POTOMAC EDISON COMPANY'S WEST WINCHESTER SUBSTATION - DENIED Mr. Watkins presented this request and stated that the Planning Commission recommended approval. 56.5 Mr. Crosen stated that he would abstain from any discussion on this request as his wife is employed by Potomac Edison. Mr. Jay Wetsel, Attorney, appeared before the Board and presented a slide presentation of the proposed site, as well as other developments within the County showing similar lines and poles that would be used at the site in question. The question was asked if two lines are scheduled to be buried, why not bury all lines. Mr. Wetsel replied the main reason was cost. Mr. Rhodes stated that he too felt the lines should be buried along the corridor. Mr. Al Flessner of Alleghany Power Company, appeared before the Board to explain how the decision was arrived at to burying some lines and not others. Mr. Gregory Bishop, area resident, expressed concerns of having this type of equipment this close to area residences. Mr. Terry Wolford, area resident, stated that he felt the pictures shown by Mr. Wetsel did not show the true picture of what these lines do to a neighborhood. Mr. Paul Anderson, resident living near Stephens City, noted that there is a lot of noise from the substation near him when it storms or when it is foggy. Mr. Rinker stated that he had visited the proposed site and felt with additional trees being planted, along with those already there, would help with the screening, and he noticed no noise problem at similar sites. Mr. Rhodes moved to deny this request. There was no second at this time. Mr. Stiles asked about the other site that was being considered. Mr. Wetsel explained why this site was not chosen. At this time Mr. Smith seconded Mr. Rhodes' motion to deny. The above motion was approved by the following recorded vote: Aye - Kenneth Y. Stiles, Robert M. Rhodes and W. Harrington Smith, Jr. Nay - Dudley H. Rinker and Charles W. Orndoff, Sr. Mr. Crosen abstained from voting. 566 COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Tuesday, April 3, 1990, at 7:30 A.M. Present were Board members Charles W. Orndoff, Sr. and W. Harrington Smith, Jr.; Committee members Keith A. Tubandt and Chester A. Renner and Assistant County Administrator Stephen F. Owen. The following items were discussed: Items Requiring Action New Rescue Squad Request The Committee recommends Board endorsement of rescue squad licensing for Clearbrook and Greenwood Volunteer Fire Companies (see Attachment from Clearbrook). Items For Information Only Animal Shelter Closure The Committee approved a request to close the Animal Shelter every second and fourth Saturday of each month until July 1, 1990, due to personnel shortages. Landfill Equipment Rental The Committee approved a request by staff to add landfill equipment rental to the Landfill's insurance policy. No addi- tional funds are required. Landfill Usage Request A request from Plane Crazy R /C'ers to utilize a section of the old Landfill for flying large model airplanes was discussed and tabled for further study. Handicapped Dumpster Steve Owen advised that a handicapped dumpster has been provided at no charge by BFI at the Landfill in response to a request from a handicapped citizen. FINANCE COMMITTEE REPORT Mr. Rhodes, Chairman of the Finance Committee, presented the following report: The Finance Committee met on April 4, 1990, at 1:30 P.M., in the Conference Room of the County Courthouse. All members were present. 567 The following items require Board action: Request from the Parks and Recreation Director for a General Fund Supplemental Appropriation in the Amount of $750.00 - Approved The Director of Parks and Recreation requests a General Fund supplemental appropriation of $750.00 for the Tri -State Basketball Tournament. This is a donation; therefore, no addi- tional local funds are needed. See attached memo. The Commit- tee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. Request from the Parks and Recreation Director for a General Fund Supplemental Appropriation in the Amount or :�SUU.UU - Approvea The Director of Parks and Recreation requests a General Fund supplemental appropriation of $500.00 for the Spring Fever Biathlon. This is a donation; therefore, 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 recommendation was approved. Request from the Parks and Recreation Director for a General Fund Supplemental Appropriation in the Amount vi y ✓v.vv �a1✓yi The Director of Parks and Recreation requests a General Fund Supplemental Appropriation of $50.00 for flowers for the parks. This is a donation; therefore, no additional local funds are needed. See attached memo. The Committee recommends approv- al. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. Request from the School Finance Director for a Gainesboro Capital Project Fund Supplemental Appropriation in the Amount of 4i5U5,25U.UU - Approvea The School Finance Director requests a Gainesboro Capital Project Fund supplemental appropriation of $505,250.00 for site •: and building improvements. 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 recommendation was approved. Chamber of Commerce's Promotional Magazine - the Economic Development Commission to Pay H )roved With The Chamber of Commerce provided the advertising rates in the Chamber's promotional magazine. See attached memo. The Committee recommends that we obtain the prior promotional magazine and review its contents before a recommendation is made. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the County will purchase a half page ad in the Chamber magazine. Request from the Parks and Recreation Director for a General Fund Appropriation Transfer in the Amount of 2,800 - Approved The Director of Parks and Recreation requests a General Fund appropriation transfer of $2,800 for computer equipment. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. Request from the School Finance Director for a School Fund Appropriation Transfer in the Amount of $1.805 - The School Finance Director requests a School Fund appropriation transfer of $1,800 for Furniture and Equipment at Stonewall Elementary School. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. FUNDING FOR TOUR DE TRUMP - APPROVED Mr. Riley explained that William Collins, Jr., Executive Director of the Shenandoah Apple Blossom Festival, was request- ing from the County $5,000 for expenses incurred in bringing the Tour de Trump to the Winchester - Frederick County area. 569 Upon motion made by W. Harrington Smith, Jr. and seconded by Dudley H. Rinker, to deny this request. The above failed by a 3 -3 vote. Following further discussion the Board felt that $2,500 would be more appropriate for this event. Upon motion made by W. Harrington Smith, Jr. and seconded by Robert M. Rhodes, to approve the expenditure of $2,500 for the Tour de Trump. The above motion was passed by the following recorded vote: Aye - Kenneth Y. Stiles, Robert M. Rhodes, Roger L. Crosen, W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Nay - Dudley H. Rinker. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes 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 Dudley H. Rinker, seconded by Charles W. Orndoff, Sr. and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, the Board recon- vened into Regular Session. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. 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. f Boar o upervisors Cle , Boar of upery ors