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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. 189 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. 191 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. r �� 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