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HomeMy WebLinkAboutFebruary 8, 1989 Regular Meeting1[6 A Regular Meeting of the Frederick County Board of Super- visors was held on February 8, 1989, 7:30 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 Donald B. Wilson of the Market Street United Methodist Church. ADOPTION OF AGENDA Mr. Riley requested that the Public Works and Code and Ordinance Committee reports be added to the Agenda. Mr. Stiles explained that if any Board members had any appointments to the 2020 Taskforce they would be accepted as part of this Agenda. APPOINTMENT TO SHENANDOAH VALLEY INDEPENDENT LIVING CENTER BOARD OF DIRECTORS - TABLED This item was tabled until the next Board meeting. DOUG C. RINKER APPOINTED TO THE PLANNING COMMISSION AS AN AT -LARGE MEMBER Upon motion made by Roger L. Crosen seconded by Robert M. Rhodes and passed unanimously, Doug C. Rinker was appointed to the Planning Commission as an At -Large member, said term to com- mence February 8, 1989 and expire on February 8, 1993. ROBERT B. HOWARD REAPPOINTED TO THE CHAPTER 10 BOARD Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, Robert B. Howard was reappointed to the Chapter 10 Board, said term to be from January 31, 1989 through January 31, 1992. ROAD NAMING COMMITTEE TO BE DISSOLVED It was the consensus of the Board that there was no longer a need for the Road Naming Committee and that it should be dis- solved. 177 APPOINTMENTS MADE TO THE 2020 TASKFORCE STEERING COMMITTEE Mr. Stiles appointed the following citizens to the 2020 Taskforce Steering Committee: Mr. Robert Russell, Mrs. Rhoda Maddox, Mr. Steve Putnam, Mr. John Lewis and noted that there would be additional appointments and that they should all be done by the next Board meeting. Mr. Rinker appointed Mr. Dale Barley from Stephens City and Mrs. Mary Lou Stallings from Middletown to serve on this Committee. Mr. Crosen noted that a form had been devised for anyone that was interested in serving on this Committee that would provide information to the Steering Committee, i.e. areas of interest and background information, etc. which would assist them in selecting their Committee members. PROCLAMATION FOR NATIONAL FFA WEEK - APPROVED Mr. Riley presented the following proclamation: WHEREAS, the FFA with high school agriculture is a strong force for America's agriculture; WHEREAS, the FFA and high school agriculture are changing to provide training for the new high -tech careers of agriculture; WHEREAS, members of the FFA are playing an outstanding role in assuring the future progress and prosperity of our nation; WHEREAS, the FFA motto - "Learning to do, doing to learn; earning to live, living to serve" - gives a direction of purpose to these future leaders of the new fields of agriculture; and WHEREAS, the FFA performs the valuable service of developing leadership, encouraging cooperation, promoting good citizenship, teaching modern information and inspiring patriotism among its members; THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, does hereby designate the week of February 18 -25, 1989 as FFA Week. /s/ Kenneth Y. Stiles Kenneth Y. Stiles /s/ Roger L. Crosen Roger L. Crosen /s/ Robert M. Rhodes Robert M. Rhodes /s/ Dudley H. Rinker Dudley H. Rinker ATTEST: /s/ W. Harrington Smith, Jr. W. Harrington Smith, Jr. /s/ Charles W. Orndoff, Sr. Charles W. Orndoff, Sr. /s/ John R. Riley, Jr. John R. Riley, Jr., Clerk Board of Supervisors 178 Mr. Chuck Beckman, member of the FFA, James Wood High School, appeared before the Board on behalf of all County FFA members to thank the Board for all their support over the years. APPOINTMENTS MADE TO THE STUDY COMMITTEE FOR THE DEPARTMENT OF TRANSPORTATION'S UPDATE PLAN FOR THE FREDERICK - WINCHESTER AREA Mr. Stiles appointed County Administrator, John Riley; Planning Director, Robert Watkins; Planning Commission Chairman James Golladay and Transportation Committee member Don Taylor to serve on this Committee. PLANNING COMMISSION BUSINESS PUBLIC HEARING REZONING REQUEST #004 -88 OF ROBERT AND KITTY HOCKMAN - BACK CREEK AND SHAWNEE MAGISTERIAL DISTRICTS - TABLED Upon request of the applicant, this rezoning request was tabled. REZONING APPLICATION #018 -88 OF NICHOLAS SMART - SHAWNEE MAGISTERIAL DISTRICT - APPROVED Mr. Watkins, Planning and Development Director, presented this request and stated that the Planning Commission recommended approval. Mr. Smart appeared before the Board on behalf of his re- quest. Mr. Smith asked Mr. Smart if he had any problems with the pumping station being located where it is. Mr. Smart stated that he felt down the road the pumping station would have to be removed. He further stated that he felt the Luttrell's have been penalized and that the pumping station should be moved but not at the expense of the Luttrells. Mr. Stiles explained that he too agreed that the pumping station should be moved but that the Sanitation Authority should be the responsible party for seeing this is done. Upon motion made by W. Harrington Smith, Jr. and seconded by Dudley H. Rinker, to approve the rezoning application number 018 -88 of Nicholas Smart, et. al., 10 East Clifford Street, Winchester, Virginia, to rezone 3.96 acres, located along the left hand side of Route 50 East, beginning at Shenandoah Valley National Bank and ending at Purdue Drive, from RP (Residential 179 Performance) to B -2 (Business General). This property is identi- fied as parcels 60, 70, 90 and 100 on Tax Map 64A(4) in the Shawnee Magisterial District. The above motion was passed by the following recorded vote: Aye - Kenneth Y. Stiles, Robert M. Rhodes, Dudley H. Rinker, W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Mr. Crosen abstained from voting as his employer owns the adjoining property. REZONING APPLICATION #021 -88 OF KIMERLY HENRY - STONEWALL MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this request and stated that the Plan- ning Commission recommended approval. Mr. Henry was present on behalf of his request. Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr. and passed unanimously, rezoning applica- tion number 021 -88 of Kimerly Henry, 522 Cedar Creek Grade, Winchester, Virginia, to rezone 4.88 acres, located on Baker Lane, from M -1 (Industrial Limited) to B -3 (Industrial Transi- tion) was approved. This property is identified as Parcels 97 on Tax Map 54 in the Stonewall Magisterial District. OTHER PLANNING ITEMS CHANGES TO THE PROPOSED CO MPREHENSIVE PLAN Mr. Stiles addressed number 9 and stated that financing will have to be worked out as there cannot be any local dollars used for this. COMMITTEE REPORTS LAW ENFORCEMENT AND COURTS COMMITTEE REPORT Mr. Crosen, Chairman of the Law Enforcement and Courts Committee, presented the following report: The Law Enforcement and Courts Committee met on Thursday, February 2, 1989, 4:00 A.M., in the Conference Room of the Frederick County Courthouse. Present were Roger L. Crosen, Chairman of the Committee; W. Harrington Smith, Jr.; Larry P. Coverstone; Charles R. McIlwee; Sheriff Charles L. Sturdivant; Captain John E. Liggett and Sergeant Bruce E. Hite of the Sheriff's Department; Darnley R. Hodge, Regional Jail Administra- tor and John R. Riley, Jr., County Administrator. 1.8 0 The Committee discussed the following: Sheriff's Department's Budget The Committee reviewed the Sheriff's Department's Budget and recommended that the budget be referred on to the Finance Committee. This recommendation is made with the stipulation that the budget be funded to the point that the County can appro- priate funds without undue increases in existing revenue sources The budget is approximately $500,000 over present level funding and the supplemental budget is requesting an additional $700,000 comprising a total of 1.2 million dollars over present level. The majority of the increase is additional personnel and those items necessary to equip same. Five road deputies, one investi- gator and twelve correctional officers top the list. No action was necessary at this time. Request for Supplemental Appr Department Vehicles - Approve >riation for Sheriff's The Sheriff is requesting a supplemental appropriation to purchase three replacement vehicles (two cruisers, one unmarked vehicle). The request is being made now because the State Contract list expires on February 22 of this year. The Committee recommends that $40,304 be transferred to the apropri- ate line items in the Sheriff's Department's budget from Capitol Contingency. Upon motion made by Roger L. Crosen, seconded by W. Harrington Smith, Jr. and passed unanimously, the above was approved. Tour De Trump Bicycle Race - Approved The attached information submitted by the Apple Blossom Festival and the Sheriff with reference to the bicycle race through Winchester and Frederick County requires an endorsement by the Board in order for us to qualify as an additional insured for the race. Mr. Trump will provide the insurance premium and coverage for $5,000,000. Upon motion made by Roger L. Crosen, seconded by Dudley H. Rinker and passed unanimously, the above was approved. Items for Information Deputy Reserve Program "I1 The Sheriff's request for a deputy reserve program has been tabled due to the attached Attorney General's opinion. Sheriff's Department Cruiser Tire Bids The Committee received additional information on tire bids and referred same to the Sheriff. The Sheriff was instructed to review the file and award the bid to the lowest responsible bidder. Sheriff's Request to Reenter the County Merit System In conjunction with the 1989 -1990 budget, the Sheriff has submitted a supplemental salary schedule and personnel classifi- cation upgrade proposal in order to reenter the County merit system. The Committee has taken this under advisement and strongly recommends that the remainder of the Board members familiarize themselves with this proposal. PUBLIC WORKS COMMITTEE REPORT Mr. Orndoff, Chairman of the Public Works Committee, pre- sented the following report: On Friday, February 3, 1989, at 7:00 P.M., the Public Works Committee held a "public hearing" on the paid fire and rescue personnel issue. Nine out of ten fire companies were present. All nine companies stated their support for hiring paid person- nel in July, 1989, however, their opinions on funding were split between General Fund and Fire Tax Districts. Also, Gore and Clearbrook Companies withdrew their request for personnel in Fiscal Year 1989 -1990. After receiving input from each company and the public, the Committee voted 3 -1 to recommend that the Board of Supervisors hire nine firefighters in Fiscal Year 1989 -1990 as follows: Fire Company Number of Firefighters Stephens City 2 Middletown 2 Greenwood 2 Round Hill 2 Gainesboro 1 The Board discussed in great length the recommendation of the Public Works Committee to hire nine firefighters in FY 1989- 1990. 1812 Mr. Crosen stated that he has said all along that each company should be given the option of having a paid fireman and if they chose not to have one then that is their decision, but if these positions are going to be funded through the General Fund, then this is the only way for this to be handled and every- one be treated fairly. Mr. Smith stated that he felt the meeting on February 3 was a very good meeting and that for the most part everyone was satisfied with the outcome of the meeting and now the Board is in the process of changing all that. He explained that it would seem to him that the Board is undecided as to how these posi- tions are to be paid for, either by Fire Districts or the General Fund. Mr. Orndoff stated that his understanding was that it was five for General Fund and five for Fire Districts. Mr. Stiles explained that he would like to offer an alterna- tive: two positions at Middletown, one or two Stephens City, one or two Greenwood and defer Round Hill and Gainesboro for another year. Mr. Smith stated that he felt Greenwood needed two firemen as there is a great deal of distance between Stephens City Fire Company and Greenwood and a lot of miles to cover in between. Frank Weller, Chief, Stephens City Fire Department, addressed the Board saying that he was misquoted in the news- paper with regard to the meeting on February 3 and his remarks following the meeting concerning the recent fire at Middletown, and the fact had it not been for the quick response of the two paid firemen from Middletown to the fire scene that there would probably have been more than just the one fatality,is what his statement should have been. Mr. Tim Welsh, Chief, Round Hill Fire Department, addressed the Board and stated that with the current plan all the firemen would be in one area with none in the other locations and he did not feel this would work as this would be defeating the whole purpose. 183 Mr. Riley explained that there was no simple solution to this problem and he felt the plan that had been suggested at the meeting on February 3 was a good one and that they had to start somewhere. Mr. Danny Martin, County citizen and Volunteer Fireman, appeared before the Board and stated that the County funds a lot of things that come out of the General Fund that not everyone benefits from and after all how much value do you put on some- one's life. The Board discussed the amount of calls that are answered per year, as well as those that have been missed. Mr. Perry Silva, President of the Firemen's Association, addressed the Board and asked the Board if anyone had addressed the area of the cost involved with Workman's Compensation as Stephens City and Middletown Companies are able to obtain this through their Town's plan. Mr. Crosen stated that he would like to amend the motion as spelled out in the Public Works Committee Report to add three additional positions, those being Clearbrook, North Mountain and Gore and if the Fire Companies chose not to have these paid fire- men then so be it. This motion died for lack of a second. Mr. Rinker asked about the hours the firemen would be re- quired to work, if they would be ten hours per day, five days per week. The Board stated that was correct. Mr. Weller explained that the Fair Labor Standards Act spelled out fifty -six hours per week, no overtime. At this point Mr. Rinker called for the question. Mr. Orndoff asked if a County fireman would need to be terminated, whose responsibility would that be. Mr. Rhodes explained that the money is not in the budget to fund these positions and before a number is decided upon as to how many positions a decision needed to be made on how they will be funded. Mr. Stiles stated that he concurred with Mr. Rhodes and that he did not for one minute question the need, but he also believed that in five years the County will be spending one million dollars a year on fire companies and it was $36,000 a year when he became a Board member. He further stated that he did not believe they could have paid firemen in one end of the County and have the citizens in the other end paying for these firemen, but that the funding needed to be addressed now as it is not going to get any easier. Mr. Martin addressed the Board once again and stated that the Board needed to know now how many positions they were going to have as the people were needed and needed badly. The question of how fire tax would be assessed was addressed with the Board not in complete agreement on the issue. Mr. Homer Sanders, Emergency Services Coordinator, appeared before the Board and stated that he felt there is a need for a fire company in the 522 corridor and if it meant a tax increase then he would be willing to pay this additional tax. The question of how to get more volunteers was also addressed. Mr. Crosen stated that the Board needed to move forward on this question as it would not be any easier whether it be at the next meeting or next year. Mr. Orndoff moved to send all of this to the Finance Committee for them to work out. This died for lack of a second. Mr. William Orndoff, Treasurer, appeared before the Board and suggested funding Stephens City, Middletown, and Greenwood for one year and then come back to the drawing board after this year, and further that he felt the Fire Districts could be worked out. Mr. Rhodes moved to fund two at Greenwood, two at Middle- town, two at Stephens City and two At -Large to be placed at dis- cretion of the Fire Chief on an as needed basis. The six would be funded through fire tax and two At -Large would be from the General Fund. Mr. Rhodes amended his prior motion as follows: 185 two Middletown, two Stephens City, two Greenwood and three At -Large to be paid for out of the General Fund. The above motion was seconded by W. Harrington Smith, Jr. and approved by the following recorded vote: Aye - Kenneth Y. Stiles, Robert M. Rhodes, Dudley H. Rinker, W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Nay - Roger L. Crosen. This is contingent upon monies being available in the budget and this will be reviewed in one year. Mr. Frank Weller thanked the Board for this funding on behalf of the County Firemen and stated that it was very much appreciated. Mr. Stiles stated that the perfect solution would be to have five or six paid firemen at each station but as everyone knew, that is not possible. CODE AND ORDINANCE COMMITTEE REPORT Mr. Smith, Chairman of the Code and Ordinance Committee, presented the following report: The Code and Ordinance Committee met on Monday, February 6, 1989, 8:30 A.M. in the Office of the County Administrator. Present were W. Harrington Smith, Jr., Chairman of the Committee; Charles W. Orndoff, Sr.; John R. Riley, Jr., County Administrator; Stephen F. Owen, Assistant County Administrator. Also present was C. William Orndoff, Jr., Treasurer. Stephen G. Butler and George W. Johnston, III were absent. The following three items were discussed and unanimously recommended for Board action. Public hearings on these items should be set to amend the County Code: 1. Discussion of Code amendments for dog licenses. (See Attachment #1) 2. Discussion of roll back taxes on Land Use Taxation property following rezoning. (See Attachment #2) 3. Discussion of County decal proration. (See Attachment #3) Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the above recommenda- tion was approved. 186 UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WA ORDERED THAT THE BOARD OF SUPERVISOR'S ADJOURN. Z > ' ha rman, Bo d of Supervisors Cle!xk, Boa td of S pervlsors V