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June 25, 1990 Special Meeting618 A Special Meeting of the Frederick County Board of Super- visors was held on Monday, June 25, 1990, 12:00 Noon, in the Board of Supervisors' Meeting Room, Frederick County Courthouse, Loudoun Street Mall, Winchester, Virginia. PRESENT Kenneth Y. Stiles, Chairman; Dudley H. Rinker; Roger L. Crosen; W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Absent - Robert M. Rhodes, Vice Chairman and John R. Riley, Jr., County Administrator. CALL TO ORDER The Chairman called the meeting to order and asked that everyone observe a moment of silence. ADOPTION OF AGENDA Mr. Owen, Assistant County Administrator, requested the following amendments: 1. Personnel Committee Report; 2. Executive Session for Legal and Personnel Matters. Mr. Smith requested time to discuss the County's land use policy. Upon motion made by W. Harrington Smith, Jr., seconded by Roger L. Crosen and passed unanimously, the Agenda was adopted as amended. NANCY K. WALSH REAPPOINTED TO THE BOARD OF EDUCATION AS A REPRESENTATIVE FROM SHAWNEE MAGISTERIAL DISTRICT Upon motion made by W. Harrington Smith, Jr., seconded by Roger L. Crosen and passed unanimously, Nancy K. Walsh was re- appointed to the Board of Education from Shawnee Magisterial District, said term to commence July 1, 1990 and expire June 30, 1994. RESOLUTION RE: VPSA FUNDING IN THE AMOUNT OF 2,500,000.00 - APPROVED Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the resolution for $2,500,000.00, which replaces the literary fund, in VPSA funds for the construction, renovation and expansion of school build- ings was approved. DISCUSSION OF SILVER COMMUNITIES' AVIGATION EASEMENT Mr. Stiles presented this request. 619 Mr. Lawrence Ambrogi, Commonwealth's Attorney, explained to the Board that the law concerning this request is pretty clear and he did not see that the Board had any choice in their deci- sion for the law is clearly written. Mr. Crosen stated that two opinions had been received on this request and if the Board had to go to Court and let the Judge decide, then so be it, but he felt the County needed this avigation easement as a condition for approval of Silver Com- munites' Plan. Mr. Mark Flynn, Attorney representing the Airport Authority, appeared before the Board and explained that the Authority felt very strongly that this easement needed to be included in this request as this would make the agreeement much clearer to those that purchase the townhouses. Mr. Ambrogi stated that everyone agreed that it should be in the agreement, however, the County had to abide by what the law says and the Code did not allow the County to have the aviga- tion easement as part of the agreement. Mr. Rinker stated that he still felt it needed to be in the agreement as two wrongs did not make it right. Mr. Harry Benham, Attorney representing Silver Communities, addressed the Board and noted that he could understand the Board's concerns and asked if they felt a third opinion was needed, such as the Attorney General. Mr. Smith stated that if the County had to go to Court due to the avigation easement, it would only be one time as opposed to everytime someone purchases a piece of this property. Upon motion made by W. Harrington Smith, Jr. and seconded by Dudley H. Rinker, to leave the property as it currently is, requiring an avigation easement. The above motion was approved by the following recorded vote: Aye - Dudley H. Rinker, Roger L. Crosen, W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Nay - Kenneth Y. Stiles. Mr. Stiles stated that he did not feel the County had the legal authority to do what they would like to do. CAPITAL IMPROVEMENTS REQUEST FROM THE FIRE AND RESCUE ASSOCIATION - APPROVED 620 Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the request of the Fire and Rescue Association for capital improvements funding in the amount of $10,000 for Stephens City Volunteer Fire Company for the purchase of fire equipment was approved. ADDITIONAL FUNDING FOR REVENUE SHARING FUNDS - APPROVED Mr. Owen explained that the Virginia Department of Trans- portation had informed the County that additional funding from the FY 1989 -1990 County Primary and Secondary Fund (Revenue Sharing Program) was available in the amount of $146,800. He further explained that twelve counties are eligible to apply and that the Board must select an appropriate road improvement to be financed with these funds. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, to apply for this addi- tional funding with the Route 642 project slated as the project to receive the funds. THE LANDFILL TO TRANSFER FUNDS FROM RESERVE Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr. and passed unanimously, the transfer in the amount of $25,000.00 from Reserve for Contingencies to Machinery and Equipment for the purchase of a 60 h.p. tractor, bushhog and sickle bar was approved. REQUEST FROM THE STAAP CORPORATION Mr. Smith suggested that this be discussed in Executive Session. The Board concurred. PARKS AND RECREATION COMMISSION REPORT Mr. Rinker, Board liaison on the Parks and Recreation Commission, presented the following report: The Parks and Recreation Commission met on June 14, 1990. Members present were: Carmen Rio, Carole Ambrogi, Donald Wilson, Courtland Smith. The following action was taken: Policy - Fees and Charges Athletic Field Reservations - 621 Mrs. Ambrogi recommended the Board of Supervisors approve the revised policy allowing the Parks and Recreation Department to waive field use fees for co- sponsored youth organizations during a pre- determined schedule of play, contingent upon reimbursement by the Board of Supervisors for revenues lost by this waiver. Youth leagues would be charged for any additional field use beyond the projected schedule. Motion seconded by Mr. Wilson, carried unanimously (3 -0). Upon motion made by Dudley H. Rinker and seconded by Charles W. Orndoff, Sr., to approve the above recommendation. The above motion was approved by the following recorded vote: Aye - Kenneth Y. Stiles, Dudley H. Rinker, W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Nay - Roger L. Crosen. Resignation from Thomas A. Grove - No Action Taken Referred to Board of Supervisors for action (see attached). Mr. Rinker noted that he had a few interested citizens. Policy - Fees and Charges - Reduced Rates in Recreation Programs - No Action Taken Policy updated and submitted for information; no action required. There was no action taken by the Board. Request for Night Softball Tournament - No Action Taken Mr. Wilson moved to approve a request from the Shenandoah Valley Baptist Church to hold an all night softball tournament at Clearbrook Park on August 4 and 5, 1990, seconded by Mrs. Ambrogi, carried unanimously (3 -0). There was no action taken by the Board. Executive Session - Personnel Matters - Virginia Code Section 2.1 -344, Subsection A 1 Mr. Smith recommended that funding for two laborer posi- tions, which were cut from the approved 1990 -1991 Department budget, be restored, seconded by Mr. Wilson, carried unanimously (4 -0). The Commission will present this request at the July Personnel Committee meeting. BOARD DISCUSSED COUNTY LAND USE POLICY Mr. Smith stated that he felt that land use is something that is needed in the County but he felt it is currently being 622 abused by some, and the entire program needed to be looked into, especially the area of roll back taxes and that every request for land use should receive visual inspection and not accepted by just phoning the request into the appropriate office. Mr. Stiles stated that a few of the articles that appeared recently in the paper concerning land use were grossly mislead- ing. He further stated that the land is,to be taxed for its use and that is farming, and he too felt the law needed to be tightened and that small lots between five and ten acres that are saying they are in land use need to be checked in to. The Board discussed at length how the law is currently written and the areas that perhaps might be amended or reviewed, and Mr. Crosen referred to a letter he had written to Esten Rudolph, Commissioner of the Revenue, on August 1, 1988, wherein he outlined what his understanding was of land use as enacted by the General Assembly during that year. He further stated that as far as he was concerned this is how land use was to be enforced, unless otherwise amended by the General Assembly. PERSONNEL COMMITTEE REPORT Mr. Crosen, Board member on the Personnel Committee, presented the following report: The Personnel Committee met on June 22, 1990 with the following members present: Robert Rhodes, Roger Crosen, Clarence Hunter, John Riley, Steve Owen and Ann Kelican. James Longerbeam was absent. The Committee submits the following report and recommendations to the Board of Supervisors for consideration at the Special Meeting on June 25, 1990. plementation of Phase II of Sheriff's Department organization and Placement of Law Enforcement rsonnel on County Pav Scale - ADDroved The Committee reviewed the attached information regarding implementation of Phase II of the Sheriff's Department reorganization and placement of law enforcement personnel on the County pay scales and recommends approval of the salary ranges for dispatcher, deputy, sargeant, lieutenant, captain and major as submitted. The Committee further recommends that implementa- tion of Phase II be approved as originally proposed at a total 6 3 cost of $103,843. Funds in the amount of $23,843 will be needed from Contingencies to fund this proposal. The Board unanimously approved the recommendation of the Personnel Committee. Merit Evaluation - Director of Information Services - To Be Done in Executive Session The Committee reviewed the merit evaluation of the Director of Information Services and recommends approval as submitted. It was the consenus of the Board that this be discussed in Executive Session. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the Board retired into Executive Session in accordance with Virginia Code, 1950, as amended, nd Legal matters and to also discuss acquisition of property. BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., 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 W. Harrington Smith, Jr. and passed unanimously, the Board reconvened 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. EVALUATION OF INFORMATION SERVICES DIRECTOR, CHARLES B. TYSON, JR. - APPROVED Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the evaluation of Information Services Director, Charles B. Tyson, Jr., was approved as submitted. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. 624 rman, Boatd of Supervisors C k, Board of upervisors