Loading...
October 11, 1989 Regular Meeting404 A Regular Meeting of the Frederick County Board of Super- visors was held on October 11, 1989, at 7:30 P.M., in the Board of Supervisors' 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 Anthony A. Wadsworth with the West Frederick Hills United Methodist Church. ADOPTION OF AGENDA Mr. Stiles noted that the rezoning application of Lynn Tedrow had been withdrawn. Mr. Riley stated that he had a Legislative memorandum for the Board's consideration. Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the Agenda was adopted as amend- ed. APPOINTMENTS TO VARIOUS BOARDS, COMMITTEES, ETC. - TABLED It was noted that appointments to the following will be tabled until the next Board meeting: Shenandoah Area Agency on Aging Chapter 10 Board Handley Library Board Industrial Development Authority BOARD MEMBER W. HARRINGTON SMITH, JR. APPOINTED TO SERVE �w 111w.t a, ..1 TTTTQALT Chairman Stiles appointed W. Harrington Smith, Jr. to serve as the Board liaison on CLEAN. PUBLIC HEARING DATE SCHEDULED FOR SALE OF LAND ADJACENT TO THE GORE SCHOOL It was the consensus of the Board that a public hearing be scheduled for the sale of land adjacent to the Gore School. APPROVAL OF CERTIFICATES Upon motion made by Robert M. Rhodes, seconded by Charles W. Orndoff, Sr. and passed unanimously, the following Certifi- 405 cates were approved and will be presented to the 4 -H and Exten- sion members at their Achievement Night Program on November 4, 1989: Susan Carden Jeremy Kidwell Marie Renner Brandie McDonald Chrissy Harrison Frederick Extension Homemakers Virginia Extension Homemaker Council and Martha Dust DATE SET FOR PUBLIC HEARING FOR PLANNING DEPARTMENT REZONINGS Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, Rezoning Application of Roundball Associates will be heard on November 8, 1989. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, Rezoning Applica- tion of D. Wayne Wilson will be heard on November 8, 1989. Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, the ordinance amendment to Chapter 18, to require underground utilities in the RP, R -4 and MH -1 zoning districts. RESOLUTION REQUIRING THE GENERAL ASSEMBLY TO VOTE AGAINST BINDING ARBITRATION - APPROVED Upon motion made by W. Harrington Smith, Jr., seconded by Roger L. Crosen and passed unanimously, the following resolution was approved: WHEREAS, the 1989 General Assembly passed the first resolution proposing a constitutional amendment to allow personnel grievances for school employees to be resolved by a body other than the School Board; and WHEREAS, the County School Board and Board of Supervisors of Frederick County consider this to require binding arbitration for school employees; and WHEREAS, the County School Board and Board of Supervisors of Frederick County oppose binding arbitration because it removes from School Boards the authority to discipline and discharge unsatisfactory employees; and WHEREAS, because binding arbitration in other states except one is a result of collective bargaining, the County School Board and Board of Supervisors of Frederick County view this proposal as an attempt to achieve the benefits of collective bargaining without the enactment of such a law; and WHEREAS, due to their special status of contractual and tenured employees, teachers already have a grievance procedure; and RM WHEREAS, School Boards will have great difficulty being accountable for public education in the School divisions if they do hnot have the authority to discipline or discharge unsatisfactory employees; NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Frederick County Board of Supervisors does oppose the proposal to change the current method of resolving school personnel disputes; and, be it RESOLVED FURTHER, that the Frederick County Board of Supervisors urges its delegation to the Virginia General Assembly to vote against any such proposal. GIVEN this 11th day of October, 1989. REQUEST TO CHANGE ROUTE 688 ROAD NAME - APPROVED Mr. Riley explained that a request had been received in his office to change the name given to Route 688. The name recommended to the Road Naming Committee for this road was Pool's Road instead of Pughtown Road. Upon motion made by Roger L. Crosen, seconded by Dudley H. Rinker and passed unanimously, the request to change the name of Route 688, Pool's Road to Pughtown Road, was approved. CATHER LANE CHANGED TO DRIVER LANE - APPROVED It was noted that when this was discussed by the Board they voted to have Route 711 named Cather Lane, however it was brought to their attention during recess that the request was to name the road either Chapel Hill Lane, Driver Lane or Pebble Lane, and the fact that Chapel Hill Lane and Pebble Lane were already assigned, Driver Lane was agreed upon as the name for Route 711. Upon motion made by Roger L. Crosen, seconded W. Harrington Smith, Jr. and passed unanimously, Cather Lane was changed to Driver Lane. PLANNING COMMISSION BUSINESS SUBDIVISION REQUEST - TEXACO REFINING AND MARKETING, INC. - APPROVED Mr. Watkins, Planning and Development Director, presented this request and stated that the Planning Commission recommended approval with the staff recommendation that the zoning of the adjoining property be stated on the plat. There was no public input. Upon motion made by Dudley H. Rinker, seconded by Charles W. Orndoff, Sr. and passed unanimously, the subdivision request of Texaco Refining and Marketing, Inc. was approved. PUBLIC HEARING CONDITIONAL USE PERMIT #012 -89 OF CHARLES AND DOLORES MIDDLETON - STONEWALL MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this request and stated that the Plan- ning Commission recommended approval. Mr. Middleton appeared before the Board on behalf of his request. Upon motion made by Roger L. Crosen, seconded by Robert M. Rhodes and passed unanimously, conditi Charles and Dolores Middleton, Box 119 Winchester, Virginia, for a VCR repair property is located 300' West of Apple side of Route 522 and is identified as in the Stonewall Magisterial District. REZONING ON #010 -89 anal use permit #012 -89 of Bloomery Star Route, shop was approved. This Pie Ridge, on the South Parcel 193 on Tax Map 42 Mr. Watkins presented this request and noted that the Planning Commission recommended approval. Mr. James Wilkins appeared on behalf of his request. Mr. Wilkins, by way of a photograph, explained to the Board where the egress and ingress would be located. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, rezoning application number 010 -89 of Wilkins Development Corporation, 13 South Loudoun Street, Winchester, Virginia, to rezone 2.388 acres from RP (Residential Performance) to B -1 (Business Limited) was approved. This property is located on the South side of Route 7, approximately 1/4 mile East of the intersection at Route 656 South, and is identified as Parcel 180 on Tax Map 55 in the Shawnee Magisterial District. REZONING APPLICATION #014 -89 OF BRUCE E. DOWNING - DENIED Mr. Watkins presented this request and stated that the Plan- ning Commission recommended approval. 408 Mr. Rinker asked if all Planning Commission members were present at the September 6 meeting. Mr. Watkins replied that he was not sure. Mr. Smith asked if this lot is sold, would these conditions still have to be complied with. Mr. Watkins replied yes. Mr. Orndoff stated that the Department of Transportation had changed the entrance from what was on the original drawing. Mr. Watkins replied that was correct. Mr. Bruce Downing addressed the Board to explain a couple different ways this lot might be developed and had hoped that access might be from Apple Blossom Drive, and he did hope to sell the lot. Mr. Orndoff questioned the driveway as it was shown on the drawing. Mr. Downing explained that it is only a drawing, just a suggestion. Mr. Stiles asked Mr. Watkins if it would be appropriate to have the site plan submitted before the land is rezoned. He further stated that he felt there were some major problems and that he would prefer to see both of them at the same time. Mr. Smith asked if the resale of this property hinged on whether it is rezoned. Mr. Stiles stated that the County is not in the real estate business. Mr. Smith stated that he felt the new owners could make their request once the property is sold. Mr. Riley explained that this request was filed prior to proffers, therefore the petition would need to stand on its own merit. Upon motion made by Charles W. Orndoff, Sr. and seconded by Dudley H. Rinker, to deny the above rezoning request of Bruce Downing. The above motion was passed by the following recorded vote: Aye - Kenneth Y. Stiles, Dudley H. Rinker, Roger L. Crosen and 409 Charles W. Orndoff, Sr. Nay - Robert M. Rhodes and W. Harrington Smith, Jr. REZONING APPLICATION #013 -89 INC. - OPEQUON MAGISTERIAL D OF CAPITOL PROPERTIES STRICT - APPROVED Mr. Watkins presented this request and stated that the Plan- ning Commission recommended approval with proffers that were offered, which he reviewed with the Board. Mr. Crosen asked where the access for Golladay Expressway would be located. Mr. Chuck Maddox, with G. W. Clifford and Associates, addressed the Board on behalf of Capitol Properties. He present- ed slides to explain what is planned for this area. Mr. Stiles noted that the staff and Board members met with Mr. Moore of the Highway Department recently concerning the up- grading of Route 37 prior to further development on Route 277 and that there are no plans to four -lane Route 277. Mr. Crosen asked how many entrances were proposed onto Route 277, it appeared to him that there are three. Mr. Maddox replied that was correct. Mr. Crosen stated that this concerned him as he felt two would be better. Mr. Maddox explained why three was being recommended as a shopping center of this size normally has three. Mr. Rinker asked about the buffer that was planned for Route 277. Mr. Maddox replied trees would be planted. There was no public input. Mr. Stiles explained that the sewer was being extended sole- ly for commercial use, there would be no residential hook up provided. Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes and passed unanimously, rezoning application number 013 -89 of Capitol Properties, Inc., 1420 Springhill Road, Suite 340, McLean, Virginia, to rezone 22.23 acres from RA (Rural Areas) to B -2 (Business General) was approved with the under- standing that water and sewer lines are being extended South solely for commercial use. This property is located South and adjacent to State Route 277 outside of Stephens City and is identified as Parcel 80 on Tax Map 86 in the Opequon Magisterial District. REZONING APPLICATION #017 -89 OF LYNN E. TEDROW - COMMITTEE REPORTS PERSONNEL COM MITTEE REPORT The Personnel Committee met on Wednesday, October 4, 1989, at 3:30 P.M., in the Personnel Office with the following members present: Robert Rhodes, Roger Crosen, Clarence Hunter, James Longerbeam, John Riley, Steve Owen and Ann Kelican. The Committee submits the following report and recommendations to the Board of Supervisors for review and consideration: for Position Upgrade - Gypsy Moth Coordinator - The Committee reviewed the attached request for upgrade of the Gypsy Moth Coordinator position and recommends that the posi- tion be reclassified from a Range 12 ($16,422) to a Range 17 and the incumbent placed on the third step thereof ($21,594) effc- tive November 1, 1989. No additional County funds are necessary to fund this request inasmuch as the County will receive a reim- bursement from the State Agriculture Department for $5,863.06 for the 1989 program costs. Upon motion made by Robert M. Rhodes, seconded by Roger L. Crosen and passed unanimously, the above request was approved. Merit Evaluation - Finance Director - To Be Discussed in Executive Session The Committee reviewed the merit evaluation of the Finance Director and recommends approval of same. (Attached under separate cover.) To be discussed in Executive Session. FINANCE COMMITTEE REPORT The Finance Committee met on Wednesday, October 4, 1989. Dudley Rinker was absent. All other members were present. The following are the agenda items: t from Parks and Recreation for a Supplemental riation in the Amount of $555.00 - Approved 411 The Director of Parks and Recreation requests a General Fund supplemental appropriation of $555.00 to pay USSSA Sanction Fee for the County softball league as a result of a donation received. No additional local funds are needed. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above request was approved. Request from the Administrative Assistant for the Commonwealth's Attorney for a General Fund Supplemental Appropriation in the Amount of $1,392.50 - Approved The Administrative Assistant for the Commonwealth's Attorney requests a General Fund supplemental appropriation of $1,392.50 for temporary personnel services. Reimbursement from the Compensation Board is expected. No additional local funds are needed. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, the above request was approved. Request from the Finance Director for a General Fund Supplemental Appropriation in the Amount of $22,817.00 - Approved Request from the Finance Director for a General Fund supple- mental appropriation of $22,817.00 to pay Circuit Court costs. Currently, we have $11,000 appropriated to apply towards this bill. The County has not been billed for two years by the City. See attached bill. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above request was approved. Request from the Jail Pro Coordinator for a North- west Regional Jail Fund appropriation transfer in t e Amount of $1,5UU.UU - Approved The Jail Project Coordinator requests a Northwest Regional Jail Fund appropriation transfer in the amount of $1,500.00 for counseling services. 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 request was approved. from the School Finance Director for a ..l e.n +-=1 2l n +- i ^n n 7 AQI IA - 41 `- The School Finance Director requests a School Fund supple- mental appropriation in the amount of $2,493.30. No additional local funds are needed. 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 request was approved. t from the School Finance Director for a Construc- und Supplemental Appropriation in t he Amount of 01 fln - AnnrnvP_d The School Finance Director requests a Construction Fund supplemental appropriation of $307,891.00. No additional local funds are needed. 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 request was approved. est from the Commissioner of the Revenue for a ral Fund Appropriation Transfer in the Amount of .00 - Appro The Commissioner of the Revenue is requesting a General Fund appropriation transfer in the amount of $3,545.00. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above request was approved. st from the Finance Director for a General Fund emental Appropriation in t Amount of 35,246.10 - The Finance Director is requesting a General Fund supple- mental appropriation in the amount of $35,246.10 for increased State salaries. The local share is $12,394.04. See attached schedule. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Charles W. Orndoff, Sr. and passed unanimously, the above request was approved. st from the Division of Court Services for a S 1 Appropriation in the Amount of $82,287.0 - Request for a Division of Court Services supplemental appro- priation in the amount of $82,287.00. No local funds are re- quired. See attached information on the Electronic Monitoring Program. The Committee recommends approval. 41-3 Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above request was approved. Request for a General Fund A ro riation Transfer from Contingency in the Amount of $1 for Sam Lehman - Approved Request for a General Fund appropriation transfer from Contingency in the amount of $1,998.00 for Sam Lehman's books. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes and seconded by W. Harrington Smith, Jr., to approve the above request. The above motion was passed by the following recorded vote: Aye - Robert M. Rhodes, Dudley H. Rinker, W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Nay - Kenneth Y. Stiles and Roger L. Crosen. Request from the Sheriff for a General Fund Supplemental Appropriation in the Amount of $11,952.66 - Approved The Sheriff requests a General Fund supplemental appropria- tion of $11,852.66 for radio related expenses. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes and seconded by Dudley H. Rinker, to approve the above request. The above motion was passed by the following recorded vote: Aye - Robert M. Rhodes, Dudley H. Rinker, W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Nay - Kenneth Y. Stiles and Roger L. Crosen. Request from the Emergency Services Coordinator for a General Fund Appropriation Transfer in the Amount of- - Approve The Emergency Services Coordinator requests a General Fund appropriation transfer of $1,957.00 to purchase a car radio. No additional local funds are needed. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, the above request was approved. Re uest from the Finance Director for a General Fund SnnnlamPntal Annronriatlon in the Amount of $10.000.00 - 414 The Finance Director requests a General Fund supplemental appropriation of $10,000 for computer training. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above request was approved. Request from the Sanita sanitary District Fund District Manager for a ropriation Transfer in or :pS,000 - The Sanitary District Manager requests a Sanitary District Fund appropriation transfer of $5,000 to purchase ice and snow equipment. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above request was approved. t from the Superintendent of Schools for a General ransfer and a School Operating Fund Supplemental riation in the Amount of $114,898_- Approved The Superintendent of Schools requests a General Fund trans- fer and a School Operating Fund supplemental appropriation of $114,898 from prior year funds. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, the above motion was approved. Request from the Treasurer for a General Fund Approp tion Transfer from Capital Cont in the Amount of 5,000.00 - Approved The Treasurer requests a General Fund appropriation trans- fer from Capital Contingency in the Amount of $5,000.00 for a printer. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above request was approved. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by Robert M. Rhodes, seconded by Roger L. Crosen and passed unanimously, the Board retired into Executive Session in accordance with Virginia Code, 1950, as amended, Section 2.1 -344, Subsection A (1) and (6) to discuss Personnel and Legal matters. BOARD WITHDREW F ROM EXECUTIVE SESSION 415 Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the Board reconvened into Regular Session. BOARD DISCUSSED ONLY LEGAL AND PERSONNEL AS NOTED Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, that only Legal and Personnel matters were discussed in Executive Session. EVALUATION OF FINANCE DIRECTOR, BARBARA RATCLIFF - APPROVED Upon motion made by Robert M. Rhodes, seconded by Roger L. Crosen and passed unanimously, the evaluation of Barbara W. Ratcliff, Finance Director, was approved as submitted. QUARTERLY REPORTS NO LONGER A REQUIREMENT It was the consensus of the Board that Quarterly Reports would no longer be required. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. r � / Boa d of Supervisors Clerk, oard Su ervisors