HomeMy WebLinkAboutFebruary 22, 1989 Regular Meeting187
A Regular Meeting of the Frederick County Board of Super-
visors was held on February 22, 1989, at 7:15 P.M., in the Board
of Supervisor's Meeting Room, 9 Court Square, 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 and asked for a
moment of silence in absence of a Minister.
ADOPTION OF AGENDA
Mr. Riley noted that there was a request for transfer of
funds from the Sanitary District.
Mr. Stiles stated that there was a need for a short
Executive Session for discussion of possible litigation and
legal matters.
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the Agenda was adopted as amend-
ed.
APPROVAL OF MINUTES
Upon motion made by Robert M. Rhodes, seconded by W.
Harrington Smith, Jr. and passed unanimously, the minutes of the
Joint Worksession between the Board and the City Council on
January 10, 1989 were approved.
Mr. Crosen noted that in the minutes of January 25, 1989,
Page 11, last paragraph, Mrs. Myers' first name is Laverne and
not Roberta.
Upon motion made by W. Harrington Smith, Jr., seconded by
Robert M. Rhodes and passed unanimously, the minutes of the
Regular Meeting of January 25, 1989 were approved as amended.
R. MARKER APP OINTED TO THE PLANNING COMMISS
Upon motion made by Robert M. Rhodes, seconded by Roger L.
Crosen and passed unanimously, John R. Marker was appointed to
the Planning Commission as a representative from Back Creek
District, said term to commence February 22, 1989 and expire on
February 22, 1993.
Mr. Rinker stated that he will name his appointment at the
Board meeting on March 8.
JOHN TYSON APPOI TO 2020 TASKFORCE
Mr. Stiles appointed John Tyson to serve on the newly
formed 2020 Taskforce.
Upon motion made by Robert M. Rhodes, seconded by Dudley H.
Rinker and passed unanimously, the above appointment was approv-
ed.
Mr. Stiles noted that the final committee will be selected
at the next Board meeting.
SHENANDOAH VALLEY INDEPENDENT LIVING CENTER BOARD OF
DIRECTORS - TABLED
The appointment to the Shenandoah Valley Indpendent Living
Center Board of Directors was tabled.
KERNS LOTS - APPROVED
Mr. Stiles presented this request.
Upon motion made by W. Harrington Smith, Jr., seconded by
Robert M. Rhodes and passed unanimously, Kerns Lots was approved
with the one additional lot.
BOARD OF SUPERVISORS TO MEET WITH THE SHAWNEELAND
SANITARY DISTRICT ADVISORY BOARD ON MARCH 20
Mr. Riley noted that the Advisory Board of the Sanitary
District had requested a meeting with the Board of Supervisors.
It was the consensus of the Board that this meeting be
scheduled for March 20.
HISTORIC RESOURCE SURVEY AND PROTECTION PROJECT
GRANT - APPROVED
Upon motion made by Charles W. Orndoff, Sr., seconded by
Dudley H. Rinker and passed unanimously, the Historic Resource
Survey and Protection Project Grant was approved as presented.
(A copy is on file in the Office of the County Administrator.)
PLANNING COMMISSION BUSINESS
1989 -1990 CAPITAL IMPROVEMENTS PLAN - APPROVED
Mr. Watkins, Planning and Development Director, presented
this request.
Mr. Stiles noted that the deciding factor will be the avail-
ability of funds.
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Mr. Rinker questioned the Fruit and Research Lab due to the
heavy traffic in this area, as well as the cost to purchase the
building, would the County not be better off to look more favor-
ably toward the Stephens City School.
Upon motion made by Dudley H. Rinker, seconded by Robert M.
Rhodes and passed unanimously, the Capital Improvements Plan for
1989 -1990 was approved as presented:
1. Regional Jail
2. Administrative Offices
3. New Elementary School I
4 Emergencies Services Storage Facility
5. New Elementary School II
6. Soccer Complex Sherando
7. Tennis /Basketball Clearbrook
8. Tennis /Picnic Sherando
9. Fruit Research Lab
10. Maintenance Complex Clearbrook
11. Play Area Clearbrook
12. Play Area Water Tower
13. Softball Complex Sherando
14. Baseball Field Sherando
15. Basketball Sherando
16. Support Facilities Clearbrook
17. Shelter /Stage /Lake Clearbrook
18. Nature Center /Picnic Sherando
19. Maintenance Sherando
20. Exercise /Play /Picnic Area Clearbrook
SEWER AND WATER PROJECT PRIORITY LIST
Priority 1 - Stephens Run Elevated Stor Tank
Description Installation of 250,000 gallon elevated
storage tank to serve the Stephens Run System.
Capital Costs $347,000
Justification: Insure continuity of service during periods
when the City of Winchester is repairing the 24 -inch
transmission main.
Priority 2 - Route _52 South Water, Project II
Description Installation of water main along 522 from
State Route 777 to Shenandoah Mobile Home Park with
connection to City on Paper Mill Road.
Capital Costs $536,112
Justification Area has ground water with poor aesthetic
quality. Water has high iron and sulfur content. This
project will eliminate a well source in the Southview
Subdivision.
Priority 3 - Route 277 East
Description: Installation of water main along Route 277
from the intersection of 641 to Sandy's Trailer Park.
Capital Costs $710000
Justification Area has ground water with poor aesthetic
quality. Water has high iron and sulfur content.
JAMESWAY PLAZA SUBDIVISION - APPROVED
190
Mr. Watkins presented this request and stated that the Plan.
ning Commission recommended approval.
Mr. Rinker asked when parking would be addressed.
Mr. Watkins replied in the final plans.
Mr. Wayne Steinback appeared before the Board on behalf of
this request.
Upon motion made by Dudley H. Rinker and seconded by Robert
M. Rhodes, to approve the Jamesway Plaza Subdivision.
The above motion was 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.
Roger L. Crosen abstained.
PRELIMINARY MASTER DEVELOPMENT PLAN - STIMPSON
APARTMENTS - APPROVED
Mr. Watkins presented this request and stated that the Plan-
ning Commission recommended approval. He noted that at the last
meeting a question of required buffer was raised, therefore this
request was tabled. He further explained that Mr. Riley had
researched this question and there are no requirements.
Mr. Smith asked how many apartments are in this plan.
Mr. Bruce Edens, representing this request, replied 140.
Mr. Smith stated that the Stephens Run plant is presently
overflowing and the yet to be opened Parkins Mill Plant is fill-
ing up very quickly and all of this concerned him and he would
like the record to show that he has at this time expressed his
concerns in this area.
Mr. Stiles explained that this request would not have been
allowed under the current ordinance.
Mr. Rinker asked if the applicant was aware of the close-
ness of the lagoon.
Mr. Edens replied yes and that evergreens will be planted
along the fence to serve as a buffer.
It was the consensus of the Board to have this included on
the final Master Development Plan.
Mr. Rinker asked if tenants would be made aware of the
lagoon prior to signing contracts.
Mr. Edens replied yes.
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Mr. Rinker stated that he did not feel this is the best use
of this property as he felt warehouses would be better but this
is how the property is zoned. Mr. Rinker stated that given the
recommendation of the Planning Commission for unanimous approval
of this request he would move for approval.
Mr. Rhodes seconded and the vote was unanimous for
-- 11 approval.
RESOLUTION - INDUSTRIAL ACCESS FUNDS - CENTURY
GRAPHICS CORPORATION - APPROVED
Mr. Watkins presented this request.
Mr. Tom Gilpin appeared before the Board on behalf of his
request.
Upon motion made by Charles W. Orndoff, Sr., seconded by
Dudley H. Rinker and passed unanimously, the following
resolution was approved:
WHEREAS, the Frederick County Board of Supervisors
wishes to improve access to the Century Graphics site, zoned and
used for industrial uses; and,
WHEREAS, said manufacturing facility is located in the
County of Frederick, Virginia; and,
NOW, THEREFORE, BE IT RESOLVED, that the Frederick
County Board of Supervisors does hereby request that the
Virginia Department of Transportation provide funding to improve
approximately 620 feet of access road to the Century Graphics
Corporation site, and;
BE IT FURTHER RESOLVED, that the Board of Supervisors
guarantees any right of way necessary for the proposed improve
ment with industrial access funds.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
Mr. Orndoff, Chairman of the Public Works Committee,
presented the following report:
The Public Works Committee met on Tuesday, February 14,
1989, at 7:30 A.M. Present were Board members Charles W.
Orndoff, Sr. and W. Harrington Smith, Jr.; Committee members W.
Wayne Miller and Keith A. Tubandt; County Administrator John R.
Riley, Jr. and Assistant County Administrator Stephen F. Owen.
The following items were discussed:
Items Requiring Action
Tradesman Certification - Approved for Public Hearing
19:
The Committee was advised that the Top of Virginia Builders
Association had endorsed the tradesman certification program for
Frederick County. After some discussion, the Committee voted
three to one to recommend approval of tradesman certification to
the Board of Supervisors, provided that certification does not
apply to ho.rnaowners doing their own work. A public hearing on
the attached model ordinance would be required prior to adoption
(see Attachment 1).
Mr. Stiles stated that he was vehemently opposed to this.
Mr. Crosen explained that he would like to see what the
public had to say before voting on it.
Upon motion made by W. Harrington Smith, Jr. and seconded
by Charles W. Orndoff, Sr. to have a public hearing on the
above.
The above motion was passed by the following recorded vote:
Aye - Robert M. Rhodes, Dudley H. Rinker, Roger L. Crosen, W.
Harrington Smith, Jr. and Charles W. Orndoff, Sr. Nay - Kenneth
,Miles.
Animal Shelter Veterinarian Service - Approved
The Committee discussed euthanasia and vaccination programs
at the shelter and recommended unanimously to instruct the
Animal Control Officers to begin euthanizing animals themselves,
to become certified for same, and also to purchase vaccination
serum directly from vendors, rather than through local veterinar-
ians.
Upon motion made by Charles W. Orndoff, Sr., seconded by
Dudley H. Rinker and passed unanimously, the above was approved.
Items Not Requiring Action
Joint Judicial Center
A report on the electrical problems at the Joint Judicial
Center was discussed which indicates severe shortcomings with
the building's electrical system (see Attachment 2).
Mount Williams Refuse Station
Steve Owen advised the Comittee of a i T)r' :?o,q)ensa-
tion for the owner of the Mount Williams refuse station for the
station's presence on his land and for his cleaning up the site.
193
The Committee provided direction on negotiating an acceptable
contract.
PERSONNEL COMMITTEE REPORT
Mr. Rhodes, Chairman of the Personnel Committee, presented
the following report:
The Personnel Committee met on February 8, 1989 with the
following members present: Robbie M. Rhodes, Roger L. Crosen,
Clarence L. Hunter, John R. Riley and Steve F. Owen. Mr. James
L. Longerbeam was absent. The Committee submits the following
report and recommendations to the Board of Supervisors for con-
sideration:
Items Requiring Action
Replacement for Technical Operator /Junior Programmer's
Position in Information Services Department - Approved
The Director of Information Services has requested that the
Technical Operator /Junior Programmer's position in his depart-
ment be transferred to the Sheriff's Department. Mr. Tyson
recommends filling the position with a Data Entry Clerk II inas-
much as programming experience is not necessary in the position
at this time. The Committee recommends approval of this request
and the transfer of $13,187 from the Information Services budget
to the Sheriff's Department budget to fund said position.
Upon motion made by Robert M. Rhodes, seconded by Dudley H.
Rinker and passed unanimously, the above was approved.
Plumbing Inspector Position - No Action Necessary
The Committee reviewed a request from the Director of Code
Enforcement to fill the vacant Inspector II position in the
Inspections Department created by the promotion of the incumbent
to the newly created Fire Marshall position with a Plumbing
Inspector. The Committee recommends approval of this request.
No action was necessary.
Items for Information Only
Reclassification Requests FY 1989 -1990
The Committee reviewed several reclassification requests
submitted from various departments and requested further informa-
tion, i.e., current salaries, current positions, new salaries
194
and new positions to be presented at the next Personnel
Committee meeting.
Discussion of Merit Performance Evaluation Forms
The Committee discussed the current merit performance evalu
ation forms and requested that sample evaluation forms be
collected and presented at the next Personnel Committee meeting
for review.
Discussion of Awarding Bonuses
The Committee reviewed information regarding bonuses.
Moonligting Policies
The Committee reviewed a synopsis of various Counties and
the City of Winchester's moonlighting policies. The Committee
requested that a draft moonlighting policy be submitted at the
next Personnel Committee meeting for consideration.
FINANCE COMMITTEE REPORT
Mr. Rhodes, Chairman of the Finance Committee, presented
the following report:
The Finance Committee met on Thursday, February 9, 1989, at
8:00 A.M., in the Old Courthouse Conference Room. All members
were present.
The following items require Board action:
st from Homer Sanders for a General Fund
nriation of 543.375 - Approved
emental
See attached memo. The Committee recommends approval of
$37,375.
Upon motion made by Robert M. Rhodes, seconded by W.
Harrington Smith, Jr. and passed unanimously, the above request
was approved in the amount of $43,375.
Reauest for a General Fund
al Appropriation
See attached memo. The Committee recommends approval.
Upon motion made by Robert M. Rhodes, seconded by Dudley H.
Rinker and passed unanimously, the above was approved.
Request for a School Operating Fund Supplemental
Appropriation in the Amount 8 ,000 - Approv
No local funds are required. See attached memo. The
Committee recommends approval.
195
Upon motion made by Robert M. Rhodes, seconded by Dudley H.
Rinker and passed unanimously, the above was approved.
st from Parks and Recreation for a General Fund
emental Appropriation of 7,000 - Approved
See attached memo. The Committee recommends approval.
Upon motion made by Robert M. Rhodes, seconded by Dudley H.
Rinker and passed unanimously, the above was approved.
Request from the Frederick County Volunteer Fire &
Rescue Association for a General Fund A pro ri.ation
in the Amount of 10,000 - Approved
The Frederick County Volunteer Fire & Rescue Association
requests a General Fund appropriation in the amount of $10,000
from the Fire Company Capital Reserve Account for Gainesboro
Volunteer Fire Company. See attached memo. The Committee recom-
mends approval.
Upon motion made by Robert M. Rhodes, seconded by Dudley H.
Rinker and passed unanimously, the above was approved.
W
uest from the Treasur for a General Fund
iation
The Treasurer requests a General Fund appropriation in the
amount of $3,465 in the Board's budget to print revised
Frederick County Tax Guide brochures. The Committee recommends
approval. This request requires local funds of $2,965 and a
donation of $500 from the Stonewall Ruritan Club.
Upon motion made by Robert M. Rhodes, seconded by Dudley H.
Rinker and passed unanimously, the above was approved.
BUDGET DELIBERATIONS
Mr. Rhodes stated that the budget was open for discussion
as the Finance Committee does not have a recommendation at this
time. He further explained as the figures stand now there would
have to be a 40¢ tax increase and the citizens of Frederick
County would not stand for such an increase, so at this time
the Finance Committee would like some direction from the Board.
Mr. Charles Hott, Chairman of the School Board, appeared
before the Board and introduced Mr. Lewis Costello, Finance
Chairman.
Mr. Costello explained that he felt the figure given to the
Board after the School Board's revisions of $1.869 million is
196
the lowest the School Board can go and that the time to pay the
"Pied Piper" is now.
At this time Mr. Costello noted the areas that had been cut
and that all employees were looking at a 7.3% increase.
Mrs. Nancy Walsh, School Board member from Shawnee
District, addressed the Board and read a prepared statement
which endorsed the School Board budget and its increases.
At this time Mr. Stiles requested that a hand out be passed
out to those wanting a copy of an informational sheet that had
been prepared by the County Finance Department starting with the
year 1978. He noted that there had been a 61% increase in the
School Board budget since this present Board took office. He
stated that this meeting was not a public hearing but the Board
would listen to any comments the citizens might have.
The following citizens appeared before the Board requesting
the Board of Supervisors to fund the School Board 'budget as pre-
sented and not make cuts even if it meant a tax increase:
Mrs. Linda Caley, President of the PTO, Senseny Road
School; John Markwood of the Apple Pie Ridge PTO; Mike Crawford,
living in Stonebrook, Back Creek District; Ruth Riemenschneider,
County resident; Roger Thomas, Bass Hoover PTO; David Newlin
Apple Pie Ridge PTO; Mary Adams Legge, Teacher; Ed Czarny,
County resident with three children in the County schools; Fran
Jeffries, Teacher and President of the Frederick County
Education Association; Dr. Wes Pederson, Resident of Stonewall
District; Susan Creasey, County resident with three children in
County schools; Becky Morrison, resident of Gainesboro District
with three children in County schools.
Mr. Stiles explained that there would not be much assist-
ance coming to the County this year from the General Assembly as
the one Bill dealing with development that would have helped to
bring additional funding to the County only lasted thirty
seconds if that long. He further explained that it is his
feelings that the cost of development should be born by those
that are causing the development.
197
Mr. Costello stated that the point that there are presently
more schools than there are students is not a fair statement as
it has not always been that way for he could remember prior to
the completion of Ridge Campus that students were in the halls
at James Wood Amherst Campus. He further stated that the
biggest item in the School budget is the Teachers' salaries with
II the starting salary of a Teacher being $20,785, but there are
presently fewer Administrators.
Mr. Stiles explained the role of the Board of Supervisors
as well as that of the School Board, and the difference between
the two as far as their responsibilities to the citizens of
Frederick County. He further explained the increase over the
last few years for Teachers for instance, a Teacher that was
making $9,000 twelve years ago is now making $27,573 and in the
Fall of 1989 a Teacher without a Masters Degree that started in
1983 will have received increases amounting to 80.6 %, and with a
Masters Degree the increase would be 93.9 %, and in his opinion
there were not too many individuals in the work force that had
received this type of increase. Mr. Stiles further noted that
there were other areas that funding were needed such as Law
Enforcement and Firefighters and even though he was not sure of
the increase, he would say there will definitely be an increase.
Mr. Smith asked how many Nurses are in the School system at
this time.
Dr. Walker replied six.
Mr. Smith explained that he had had some calls with regard
to office staff administering medication and first aid at some
of the schools and he was questioning this policy.
Dr. Walker replied that there are not enough Nurses on
staff to have one at each school so office staff have given medi-
cation as prescribed by a Doctor and brought to the School by
the parents.
Mr. Jay Cohen, Teacher at James Wood High School, appeared
before the Board and stated that he could understand the
position of the Board of Supervisors but this budget was needed
198
in order to fund the necessities to educate the children of
Frederick County.
The Board recessed at this time.
Mr. Stiles stated that he would like to refer all of what
has been discussed at this meeting to the Finance Committee as
they are scheduled to meet tomorrow morning to discuss and make
a recommendation to the Board.
Mr. Crosen stated that he felt the Board should try and
deal with this matter at tonight's meeting.
Mr. Smith stated that with the revised figures handed out
tonight by the Finance Department he felt the Board needed time
to examine and study this information before discussing this any
further.
Discussion followed as to how much the County could afford
as one needed to remember those in the County that are on fixed
incomes.
PETITION FROM PARENTS - TEACHERS OF SENSENY ROAD
SCHOOL SUPPORTING THE SCHOOL BOARD BUDGET PRESENTED
TO THE BOARD
Upon motion made by W. Harrington Smith, Jr., seconded by
Robert M. Rhodes and passed unanimously, to accept the petition
bearing 131 signatures endorsing the School Board budget that
was presented to the Board.
BOARD RETIRED INTO EXECUTIVE SESSION
Upon motion made by Charles W. Orndoff, Sr., seconded by
Dudley H. Rinker and passed unanimously, the Board retired into
Executive Session in accordance with Virginia Code, 1950, as
amended, Section 2.1 -344 to discuss litigation and acquisition
of real estate.
BOARD WITHDREW FROM EXECUTIVE SESSION
Upon motion made by Charles W. Orndoff, Sr., seconded by
Dudley H. Rinker and passed unanimously, the Board withdrew from
Executive Session.
BOARD RECONVENED INTO REGULAR SESSION
Upon motion made by Charles W. Orndoff, Sr., seconded by
Dudley H. Rinker and passed unanimously, the Board reconvened
into Regular session.
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FUNDS TO BE TRANSFERRED FROM THE SANITARY DISTRICT
FUNDS BACK INTO THE GENERAL FUND
Mr. Rhodes explained that Potomac Edison was owed $6,630.86
for a past due account of SLUCO. The Board has paid this amount
therefore it is necessary at this time to transfer these funds
from the Sanitary District back into the General Fund.
Upon motion made by Robert M. Rhodes, seconded by Dudley H.
Rinker and passed unanimously, to transfer $6,630.86 from the
Sanitary District budget to the County's General Fund.
Upon motion made by Robert M. Rhodes, seconded by Dudley H.
Rinker and passed unanimously, to request the Commonwealth's
Attorney to proceed with condemnation proceedings of the water
system at Shawneeland.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY,
IT AS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN.
Chairman, Boar of Supervisors Cle 4aArdS up rvisors