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May 24, 1989 Regular Meetinge8 Q A Regular Meeting of the Frederick County Board of Supervisors was held on May 24, 1989, 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. Mr. Rhodes was not present at the beginning of the meeting. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by the Reverend Daniel J. Mappus of the Church of the Nazarene. ADOPTION OF AGENDA Mr. Stiles requested an Executive Session for discussion of real estate acquisition and legal matters. Mr. Riley stated that he had a request for transfer of funds for the Shawneeland Sanitary District, a resolution for funds for computer equipment and a resolution for extension of a road project. Mr. Stiles noted that under "County Officials" he had certificates for area students, and further, he had two additional persons that he would like to appoint to the 2020 Taskforce. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the Agenda was adopted as amended. APPROVAL OF MINUTES Mr. Rinker stated that in the minutes of the Regular Meet- ing of April 12, 1989, Page 28, under the Parks and Recreation Committee Report, second paragraph, it should read "shall recon- sider" and not "may want to ". Upon motion made by Dudley H. Rinker, seconded by Charles W. Orndoff, Sr. and passed unanimously, the minutes of the Regular Meeting of April 12, 1989, were approved as amended. 281 Upon motion made by Dudley H. Rinker, seconded by Charles W. Orndoff, Sr. and passed unanimously, the minutes of the Special Meeting of April 26, 1989 were approved as submitted. CERTIFICATES OF ACHIEVEMENT PRESENTED TO AREA STUDENTS Mr. Stiles presented Certificates of Acheivement to the following area students who were present to accept their awards: Carmen Tisinger Heather Wilson Rae Ann Steinly Stacy Wisecarver Sandra Mills (Mrs.) Advisor James Wood Band Doug Layton Virginia Layne Laura Conner Ryan Stiles Randy Clouse Jennifer O'Hara Susan Carden Jason Bryant Mr. Rhodes arrived at this time. . TISCHLER APPOINTED TO THE HISTORIC RESOURCES Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, Allan L. Tischler was appointed to the Historic Resources Board as a representa- tive from Back Creek District. B. BLAIR WEBBER AND S. BLAINE WILSON REAPPOINTED TO THE r•�f t1 t\ Ar:T nrTTT TTLTIT wT1T1TiTTQ Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, B. Blair Webber and S. Blaine Wilson were reappointed to the Board of Building Appeals, said term to commence June 26, 1989 and expire on June 26, 1994. DR. JAMES S. WIEDOWER REAPPOINTED TO THE LORD FAIRFAX EMERGENCY MEDICAL SERVICES COUNCIL Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, Dr. James S. Wiedower was reappointed to the Lord Fairfax Emergency Medical Services Council, said term to expire June 30, 1992. PAUL G. ANDERSON, JR. REAPPOINTED TO THE WINCHESTER REGIONAL AIRPORT AUTHORITY Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, Paul G. Anderson, Jr. was re- appointed to the Winchester Regional Airport Authority, said term to commence on June 10, 1989 and expire on June 10, 1993. 28ti JAMES Q. HUEY, JR. NOMINATED TO THE BOARD OF EDUCATION AS A REPRESENTATIVE FR OM OPEQUON DISTRICT Mr. Rinker thanked Mr. Lewis Costello for his many contribu -I tions and time spent while serving on the School Board. At this time Mr. Rinker nominated Mr. James Q. Huey, Jr., from Opequon District, to replace Mr. Costello on the School Board. A public hearing on Mr. Huey's nomination will be held at the next meeting. Mr. Stiles asked the Board members to consider the At -Large position for the School Board which will be acted on at a later meeting. The Board discussed this and decided that the public hearing on the At -Large position would be held at the first Board meeting in July and the appointment done following the public hearing. GERALD CROWELL AND GEORGE ROMINE APPOINTED TO THE 2020 TASRFORCE Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, Gerald Crowell and George Romine were appointed to serve on the 2020 Taskforce. RATCLIFF, CHAIRMAN OF THE 250TH ANNIVERSARY EE, ADDRESSED THE BOARD Mr. Donald Ratcliff addressed the Board and gave a final summary of the year long events as well as a budget report. He noted that the original $1,000 that had been donated by the County had been paid back, and after all bills have been paid, there is a balance of $8,000 remaining in this fund, and that he is open to suggestions as to what the Board might suggest as to the disbursement of these funds. Mr. Stiles stated that he did not feel the Board could say enough to Mr. Ratcliff and his Committee to thank them for all their time and effort on behalf_ of this project. Mr. Ratcliff requested, and the Board concurred, that the following names be placed in the minutes as they are the Committee members who gave so much of their time for this project: Becky Ebert, Vice - Chairman Pam Bell Stewart Bell, Jr. 283 Mike Foreman Glynnell Headley Amy Hammond Charlotte Hewitt Pete Krouse Sam Lehman Dave Lewis Cathy Monte Frank Monte Larry Mullin Sally Penfield Nancy Robertson Margaret Rowe Bob Russell Frank Tayler Fred Zimmerman Advisors: Tom Baldridge Michael Bryan Warren Hofstra Rhoda Maddox Steve Owen John Riley Bill Shendow Phil Walsh DISCUSSION - STAAP CORPORATION SANITARY DISTRICT FEES Mr. Riley presented this information and noted that Mr. Wayne Miller, Manager of the Sanitary District, had outlined three options that the County had with regard to the payment of Sanitary District fees. Mr. William Smidheiser, Attorney representing the STAAP Corporation, appeared before the Board and explained that it is not clear at this time exactly what STAAP Corporation owns and does not own as far as clear titles are concerned. He requested that STAAP Corporation be given ninety days in order to have time to research the records in the Clerk's Office to determine correct ownership. Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, that all Sanitary District fees be deferred until September 5, without penalty or interest being assessed, and that STAAP Corporation will deposit $10,000 with the County as a "good faith" gesture. RESOLUTION OF EXTENSION OF PROJECT 0645 - 054 - 212 -0501 - APPROVED Upon motion made by Robert M. Rhodes, seconded by Charles W. Orndoff, Sr. and passed unanimously, the following resolution was approved: 284 WHEREAS, the Board of Supervisors for the County of Frederick, Virginia, the Commonwealth of Virginia and the Department of Transportation executed an agreement dated September 9, 1987 to provide industrial access funds to construct a road to the Upper Valley Business Park, and WHEREAS, said agreement was to terminate upon a qualify ing industry locating in said park by July 1, 1989, and WHEREAS, the qualifying industry will not locate in said park by July 1, 1989. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby request an extension of agreement of Project number 0645 - 054- 212,C501 until July 1, 1990. RESOLVED, this 24th day of May, 1989. REQUEST FROM WINCHESTER - FREDERICK HISTORICAL SOCIETY - APPROVED Mr. Riley explained that the Winchester - Frederick Historical Society was requesting $15,000 in matching funds in order to complete the reconnaissance level survey which was initiated in September, 1988. Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, the above request was approved. CORRESPONDENCE FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION RE: REVENUE SHARING PROGRAM Mr. Stiles noted that this correspondence was for the Board's information and no action was necessary. MARY SPENCER ADDRESSED THE BOARD RE: AREA AGENCY AGING'S 1988 ANNUAL REPORT Dr. Mary Spencer appeared before the Board and outlined the Agency's annual program and asked the Board if they had any ques- tions about the program or the report. The Board accepted the report as presented. RESOLUTION ON LOAN TERMS FOR COUNTY'S NEW COMPUTER SYSTEM - APPROVED Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, the following resolution was approved: WHEREAS, the County of Frederick has ordered an IBM AS 400 Computer System in the approximate amount of $350,000; and WHEREAS, Jefferson National Bank has submitted the best financing terms at a fixed rate of 7.2% for 12 months; NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of Supervisors that John R. Riley, Jr., County Administra- 285 for and Stephen F. Owen, Assistant County Administrator, are hereby designated to sign loan documents necessary to execute the aforementioned loan. PASSED this 24th day of May, 1989. REQUEST FOR EXONERATION - RICHARD J. SHEIL - APPROVED Mr. Riley explained this request to the Board and noted that he was recommending that this bill be exonerated. Upon motion made by Roger L. Crosen, seconded by Dudley H. Rinker and passed unanimously, the exoneration request of Richard J. Sheil was approved. ANNUAL COUNTY AUDIT AWARDED TO ROBINSON, FARMER, COX ASSOCIATES Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the annual County audit was awarded to Robinson, Farmer, Cox Associates for the next three years, not to exceed $19,500. LITTER CONTROL GRANT - APPROVED Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes and passed unanimously, the following resolution was approved: WHEREAS, the Frederick County Board of Supervisors recognizes the existence of a litter problem within the bound- aries of Frederick County, and WHEREAS, the Virginia Litter Control Act of 1976 provides, through the Department of Conservation and Economic Development, Division of Litter Control, for the allocation of public funds in the form of Grants for the purpose of enhancing local litter control programs, and WHEREAS, having reviewed and considered the Regulations and the Application covering administration and use of said funds: BE IT RESOLVED, that the Frederick County Board of Supervisors: HEREBY endorses and supports such a program for Frederick County, and HEREBY expresses the intent to combine with the Town of Middletown in a mutually agreed upon and Cooperative Program, contingent on approval of the Application by the Department of Conservation and Historic Resources, Division of Litter Control, and contingent on receipt of funds, and HEREBY authorizes Frederick County to apply on behalf of the County and the Town of Middletown for a Grant, and to be responsible for the administration, implementation, and comple- tion of the Program as it is described in the attached Applica- tion Form LC -G -1 and 7STWE FURTHER accepts responsibility jointly with Frederick County and the town of Middletown for all phases of the Program, and FURTHER accepts liability for its pro -rata share of any funds not properly used or accounted for pursuant to the Regula- tions and the Application, and THAT said funds, when received, will be transferred immediately to the cooperating jurisdictions. All funds will be used in the Cooperative Program to which we give our endorsement and support. HEREBY requests the Department of Conservation and Economic Development, Division of Litter Control, to consider and approve the Application and Program, said Program being in accord with Regulations governing use and expenditure of said funds. Passed this 24th day of May, 1989. INDUSTRIAL DEVELOPMENT AUTHORITY RESOLUTION FOR CORRUGATED CONTAINER OF SHENANDOAH VALLEY - APPROVED Upon motion made by Dudley H. Rinker, seconded by Charles W. Orndoff, Sr. and passed unanimously, the following resolution was approved: WHEREAS, the Industrial Development Authority of Frederick County, Virginia has considered the application of Corrugated Container Corporation of Shenandoah Valley (the "Applicant ") for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $3,000,000 to assist the Applicant in the acquisition and equipping of a manufacturing facility to be located in the I.D.C. Industrial Sites in Back Creek Magisterial District of the County (the "Project "), and has held a public hearing thereon; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code "), provides that the governmental units having jurisidiction over the issuer of industrial develop- ment bonds and over the area in which any facility is located shall approve the issuance of such bonds; and WHEREAS, the Authority issues its bonds on behalf of Frederick County, Virginia, the Project is to be located in the County and the Board of Supervisors constitutes the highest elected governmental officials of the County; and WHEREAS, the Authority recommends that the Board of Supervisors approve the issuance of the bonds; and WHEREAS, a copy of (1) the Authority's resolution approving the issuance of the bonds, subject to terms to be agreed upon (2) a reasonably detailed summary of the public hear- ing on the Project and (3) the Authority's fiscal impact state- ment for the Project have been filed with the Board; THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Frederick County, Virginia: 1. The Board of Supervisors of Frederick County, Virginia approves the issuance of the bonds by the Industrial Development Authority for the benefit of the Applicant, as required by Section 147 (f) for the Code to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the bonds, as required by Section 147(f) of the Code does not constitute an endorsement to a prospective purchaser of the bonds of the creditworthiness 287 of the Project or of the Applicant; and, as required by Section 15.1 -1380 of the Code of Virginia of 1950, as amended, the bonds shall provide that neither the County nor the Authority shall be obligated to pay the bonds or the interest thereon or other costs incident thereto except from the revenue and monies pledged therefor and neither the faith or the credit nor the taxing power of the Commonwealth, the County nor the Authority shall be pledged thereto. 3. This resolution shall take effect immediately upon its adoption. COMMITTEE REPORTS FIRE AND RESCUE COMMITTEE REPORT Mr. Crosen, Board liaison on the Fire and Rescue Committee, presented the following report and stated that it was for the Board's information and no action was necessary: The Fire and Rescue Committee met on Monday, May 15, 1989, at 7:30 P.M., in the Round Hill Volunteer Fire Company facility. All companies were present except Company 19. Also present were Board member Roger L. Crosen; Assistant County Administrator Stephen F. Owen; Emergency Services Coordinator Homer H. Sanders and Fire Marshall Douglas A. Kiracofe. The following items were discussed, however, none require Board action at this time: Emergency Services Coordinator's Report Homer Sanders reported on his monthly activities which included the following items: a. E911 System is operating at fire headquarters; b. The 522 and Middletown Scales spills were reviewed; c. Middletown and Indian Hollow Elementary Schools are now designated as emergency shelters; and d. The new haz mat unit is in operation and housed at Company 15. Fire Marshall's Report There have been 263 incidents in the last month. Doug Kiracofe was called to seven to investigate. Additionally, they have 20 arsons now under investigation with suspects on 16. Personal Property Tax Exemption Steve Owen explained the General Assembly's recent legisla- tion allowing local governments to classify volunteer fire fighter's vehicles separately from other personal property. Eligibility standards for such a program were recommended and a 288 committee consisting of Bill Schuller, Homer Sanders, Gary Kelly, Steve Smith, Tim Welsh, Perry Silva, and Frank Weller was appointed to study this issue and provide a recommendation to the full Committee. House Numbering System Steve Owen reported that the Board of Supervisors had approved a contract with William C. Overman Associates to develop a County -wide house numbering system. Street signs with block numbers will be erected following completion of the number- ing system project. FIRE COMPANY CAPITAL DOWN PAYMENT REQUEST - APPROVED Upon motion made by Roger L. Crosen, seconded by W. Harrington Smith, Jr. and passed unanimously, the "cascades" system in the amount of $17,753, as presented, was approved. PARKS AND RECREATION COMM ISSION REPORT Mr. Rinker, Board liaison on the Parks and Recreation Commission, presented the following report and stated that it was for the Board's information: Mr. Riley requested that the Board vote on number 3. The Parks and Recreation Commission met on May 16, 1989. Members present were: Robert Roper, Patricia Perry, Carole Ambrogi, Thomas Grove, Donald Wilson, Courtland Smith, Dudley Rinker. The following action was taken: Utilization of Sins on Ballfield Fencing in Recognition of Donations Received Referred to Public Affairs Committee (Grove /Wilson) to establish guidelines and a written policy. Request from Frederick County National Little League for Additional Ballfields The Chairman, Mr. Roper, appointed a committee (Wilson /- Perry) to look at the need for additional fields to accommodate the growth in the County leagues. Committee will then meet with league representative to review goals and objectives. Update on Swimming Pools - Approved Mr. Steve Wenzel, Sr. Project Manager, Patton Harris Rust & Associates, advised the Commission to change the method of sew- 2W� 9 age disposal at the Clearbrook pool site to a less expensive pump and haul system, which would save the County approximately $150,000 (see attached). Mrs. Ambrogi moved to adopt the pump and haul sewage system, seconded by Mr. Wilson, carried unani- mously. Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes and passed unanimously, the above was approved. Policy Approval (Credit Coupons) Mr. Grove moved to adopt the revised policy, seconded by Mrs. Ambrogi, carried unanimously. Pool Operations Manual Mrs. Perry moved to adopt the manual, seconded by Mrs. Ambrogi, carried unanimously. Policy Approval (Playcamp Fee for Part -Time Employees) Mrs. Ambrogi moved to adopt the policy, seconded by Mrs. Perry, carried unanimously Great American Smokeout Award (See Attached). CORRESPONDENCE FROM J. T. SHROPSHIRE, CHAIRMAN OF THE COMPENSATION BOARD. RE: REQUEST OF JAMES H. ALLAMONG, JR. - Mr. Riley explained that Mr. Allamong was requesting that the two positions currently working at the Jail under the Joint Confinement and Correction Operations Project be transferred from Frederick County to Shenandoah County. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the above request was approved if the Sheriff is in agreement with this request, if not, Mr. Riley is to write to the Compensation Board. Mr. Crosen noted that a meeting has been scheduled for the Gore School Committee at the Fire Hall on June 21, at 7:30 P.M. BOARD MEMBER ROBERT M. RHODES REQUESTED THAT A LETTER BE FORWAR TO POTOMAC EDISON Mr. Rhodes requested that a letter be sent to Potomac Edison stating that the Board is opposed to towers they plan to build in Back Creek District close to Merriman's Lane, that they felt the 'line could be moved and if not, that it be buried. BOARD RETIRED INTO EXECUTIVE SESSION 2J® Upon motion made by Roger L. Crosen, seconded by Robert M. Rhodes and passed unanimously, the Board retired into Executive Session in accordance with Virginia Code, 1950, Section 2.1 -344, Subsection A (6) to discuss Legal matters and acqusition of real estate. BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by Roger L. Crosen, seconded by Robert M. Rhodes and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENED INTO REGUL SESSION Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the Board reconvened into Regular Session. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. r. Chairman, Boatd-b Supervisors Clelrk,\B6ard of Su er isors