HomeMy WebLinkAboutDecember 13, 1989 Regular Meeting454
A Regular Meeting of the Frederick County Board of Super-
visors was held on December 13, 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.
CALL TO ORDER
The Chairman called the meeting to order.
INVOCATION
The invocation was delivered by Reverend Timothy Teates of
the Relief United Methodist Church.
ADOPTION OF AGENDA
Mr. Riley stated that he had the following amendments:
1. Recommendations to the Board of Zoning Appeals.
2. The Business, Professional and Occupational License
Tax will be heard on December 19 at a Special Board
Meeting.
3. Finance Committee Report, item number 1 dealing with
the Economic Development Commission, will be discussed
at the Board meeting on December 19.
Upon motion made by Dudley H. Rinker, seconded by Robert M.
Rhodes and passed unanimously, the Agenda was adopted as amend-
ed.
CONSENT AGENDA
Upon motion made by W. Harrington, Smith, Jr., seconded by
Dudley H. Rinker and passed unanimously, the following Tabs were
approved and will not need additional discussion or action:
Tab F - Request from Division of Court Services Re:
Approval of Proclamation - 1989 Drunk and Drugged
Driving Awareness Week.
Tab G - Request from the Virginia Department of Transporta-
tion Re: Approval of Resolution - Genstar Stone
Products Company.
Tab H - Request from the Buckingham County Board of Super-
visors, Buckingham County High School PTA Re:
Approval of Resolution - Funding of Capital
Expenditures for Public Schools by the Virginia
Lottery.
Tab J - Memorandum from Billy Jones, Sanitary District
Manager, Re: Shawneeland Lots Owned by the
Sanitary District.
Tab K - Industrial Access Resolution Re: JIC Limited
Industrial Park, Phase II.
F,
4 AV9 5
Tab Q - Parks and Recreation Commission Report.
APPROVAL OF MINUTES
Mr. Crosen stated that in the minutes of the Regular meet-
ing of October 25, 1989, under "Adoption of Agenda ", the second
paragraph should read, "Mr. Riley noted that he had a transfer
request from the Jail to the Sheriff's Department ", and the
third paragraph should read, "Mr. Crosen stated that he had an
11 item under "County Officials" with reference to a road name
change.
Upon motion made by Robert M. Rhodes, seconded by W.
Harrington Smith, Jr. and passed unanimously, the minutes of the
Regular meeting of October 25, 1989 were approved as amended.
CERTIFICATES OF APPRECIATION - APPROVED
Mr. Stiles presented certificates of appreciation to the
following: Frank Weller, Michael Sigler, Mac McConnaughey and
the 1989 James Wood High School Girls Basketball Team:
John T. Maphis, Head Coach
Brad Hoover, Assistant Coach
Shawn Bonvella Underwood
Jennifer Lyn Birchenough
Ana Lane Litton
Heather Elizabeth Ringer
Christi Lelin Ray
Julie Lynn Orndorff
Barbara Ellen Papierniak
Melanie Dawn Marks
Kelly Denise Evans
Beth Ann Smith
Laura Ashley Dufford
Brandi Kay Kalafat
Kathryn Lynn McDonald
Jackquetta Kay Clark
Angela Sue Moreland
Amy Kathleen Tubbs
TODD A. CONNOR APPOINTED TO THE CHAPTER 10 BOARD
Upon motion made by Roger L. Crosen, seconded by Robert M.
Rhodes and passed unanimously, Todd A. Connor was appointed to
the Chapter 10 Board to fill the unexpired term of Susan H.
Horton, said term to expire December 31, 1990.
BOARD MEMBER W. HARRINGTON SMITH, JR. REAPPOINTED TO
THE COMMUNITY CORRECTIONS RESOURCES BOARD
Mr. Stiles reappointed Board member W. Harrington Smith,
Jr. to the Community Corrections Resources Board, said term to
expire December 31, 1993.
DATE SET FOR PUBLIC HEARING FOR PLANNING DEPARTMENT
REZONINGS
456
Upon motion made by Robert M. Rhodes, seconded by Roger L.
Crosen and passed unanimously, Rezoning Application of Harry
Stimpson, Jr., Rezoning Application of Oakcrest Builders and the
Rezoning Application of Robert and Kitty Hockman will be heard
on January 10, 1990.
REQUEST FROM THE SCHOOL BOARD RE: VPSA FUNDING -
APPROVED
Mr. R. Thomas Malcolm, Superintendent of Schools, presented
this request.
Upon motion made by Robert M. Rhodes, seconded by Roger L.
Crosen and passed unanimously, the following resolution was
approved:
The County School Board of Frederick County, Virginia,
resolves to apply for a loan through the Virginia Public School
Authority in the amount of 4.421 million dollars for the con-
struction of a new elementary school on U.S. Route 522 South,
Eastern Frederick I ($3.921 million), and the renovation and
equipping of Gainesboro Elementary School ($500,000.00) to be
reopened in September of 1990.
The Board further resolves to apply for a loan from the
Literary Fund of the Commonwealth of Virginia in the amount of
$1 million to make Frederick County Middle School more energy
efficient and more accessible to the handicapped by replacing
the roof, changing the window structure, adding lifts, ramps and
an elevator.
RECOMMENDATIONS TO THE BOARD OF ZONING APPEALS -
APPROVED
Upon motion made by Roger L. Crosen, seconded by Robert M.
Rhodes and passed unanimously, Mrs. Louise Nelson and Mr. Alvin
Rich are the names to be submitted to the Honorable Judge Berry
for his consideration in the appointment to the Board of Zoning
Appeals.
PLANNING COMMISSION BUSINESS
EXPANSION OF THE PARKINS MILL PLANT - APPROVED
Mr. Watkins, Planning and Development Director, presented
this request to the Board and stated that the Sanitation Authori-
ty wanted to expand the Parkins Mill Plant from 0.5 million
gallons per day capacity to 1.5 million gallons per day. He
further stated that this had been reviewed by the Planning
Commission and they recommended approval.
Mr. Crosen asked if this was to serve the area that was
designated earlier.
Mr. Watkins replied that was correct.
457
Mr. Wellington Jones, Engineer /Director of the Sanitation
Authority, appeared before the Board to further explain the
expansion and why it was necessary.
Upon motion made by W. Harrington Smith, Jr., seconded by
Dudley H. Rinker and passed unanimously, the expansion of the
Parkins Mill Plant was approved as submitted.
REQUEST FROM THE DIVISION OF COURT SERVICES RE:
APPROVAL OF PROCLAMATION - 1989 DRUNK AND DRUGGED
DRIVING AWARENESS WEEK - APPROVED UNDER CONSENT AGENDA
WHEREAS, 522 people were killed and 14,172 people were
injured in alcohol related crashes in 1988; and
WHEREAS, 49 percent of all fatalities on Virginia's
roads involve someone drinking; and
WHEREAS, mixing alcohol and driving causes more violent
deaths and injuries than any other crime; and
WHEREAS, the costs of these crashes costs society up
wards of $25 billion dollars a year; and
WHEREAS, there are increasing numbers of collisions
involving drivers who have used prescription or illegal drugs;
and
WHEREAS, such enormous and tragic waste can be decreas
ed each year by greater public attention to automobile and high
way safety measures, including proper use of seal belts, avoid
ance of dangerous drinks and drugs and careful attention to
driving by all on the roads of Virginia; and
WHEREAS, the Christmas and New Year's holiday period is
a particularly appropriate time to focus attention on this
critical problem, because more drivers are on the roads, more
social functions are attended and more traffic collisions occur.
NOW, THEREFORE, the Fr
visors hereby does proclaim
"Frederick County Drunk and
supports national and local
citizens to learn what they
driving during the upcoming
=derick County Board of Super
the week of December 10 -16 as
Drugged Driving Awareness Week" and
observances thereof, and urges all
can do to prevent drunk and drugged
holiday season.
REQUEST FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION
RE: APPROVAL OF RESOLUTION - GENSTAR STONE PRODUCTS
COMPANY - APPROVED UNDER CONSENT AGENDA
BE IT RESOLVED, that the Virginia Department of
Transportation is hereby requested to allow Genstar Stone
Products Company to install and maintain one (1) railroad
crossing of State Route 624 approximately 80' South of the
intersection with State Route 757 in Frederick County pursuant
to Section 56 -18 of the 1950 Code of Virginia, as amended.
AND BE IT FURTHER RESOLVED, that the Board does
guarantee the Commonwealth of Virginia its full support of this
railroad crossing and this resolution will be of a continuous
nature.
FROM THE BUCKINGHAM COUNTY BOARD OF SUPERVISORS
•
WHEREAS, Virginia's children are its greatest natural
resource, and
WHEREAS, it is the joint responsibility of the General
Assembly and the local governing bodies to provide the funding
for the education of Virginia's children, and
WHEREAS, local governing bodies are finding it
increasingly difficult to finance needed additions and
renovations to existing public school buildings and new
buildings and equipment, and
WHEREAS, local monies are poured into lottery which
would otherwise be spent in the local economy, and
WHEREAS, only a small portion of the lottery monies is
returned to the localities in prizes, be it therefore
RESOLVED, that the Buckingham County High School PTA
requests that the Buckingham County Board of Supervisors support
legislation that would direct the Commonwealth of Virginia to
provide 50% of the funding for approved public school
renovations, additions and new buildings beginning with the next
fiscal year and that such funding should come from lottery net
proceeds, and be it further
RESOLVED, that the Buckingham County High School PTA
requests tht the Buckingham County Board of Supervisors join
forces to initiate an information program to contact all other
local governing bodies in the Commonwealth to encourage support
for such legislation, and be it further
RESOLVED, that the Buckingham County High School PTA
requests that the Buckingham County Board of Supervisors contact
its elected state representatives requesting the introduction of
such legislation at the 1990 General Assembly.
REQUEST FROM BILLY JONES, SANITARY DISTRICT MANAGER,
RE: SHAWNEELAND LOTS OWNED BY THE SANITARY DISTRICT -
APPROVED UNDER THE CONSENT AGENDA
INDUSTRIAL ACCESS RESOLUTION RE: JIC LIMITED INDUSTRIAL
PARK, PH ASE II - APPROVED UNDER THE CONSENT AGENDA
WHEREAS, the Frederick County Board of Supervisors
wishes to improve access to the JIC Industrial Park and
specifically Winchester Woodworking and Allied Systems Corp.,
zoned and used for industrial uses; and,
WHEREAS, said manufacturing facilities are located in
the County of Frederick, Virginia; and,
NOW, THEREFORE, BE IT RESOLVED, that the Virginia
Department of Transportation is hereby requested to provide
funding to improve approximately 1400 feet of access road to
serve the Winchester Woodworking and Allied Systems Corp.
facilities, and;
BE IT FURTHER RESOLVED, that the Board does guarantee
the Commonwealth of Virginia an unrestricted right -of -way
necessary for the proposed improvement with industrial access
funds.
PLANNING COMMISSION BUSINESS (CONTINUED)
PUBLIC HEARING
REZONING APPLICATION #020 -89 OF ALSON H. SMITH AND
CT -
X59
Mr. Watkins presented this request and stated that the
Planning Commission recommended approval.
Mr. Rhodes asked about the water pressure in this area as
he understood there was a problem, and that to act on this re-
quest at this time might be premature.
Mr. Orndoff stated that he felt there was a problem with
all the truck traffic on Route 661 and this needed to be con-
sidered.
Mr. Smith asked why wasn't the water problem included in
the staff report and what was being done to correct this
problem.
Mr. Watkins replied water storage.
Mr. Smith asked about the sprinkler system and the fact of
the water pressure being too low for the system to work proper-
ly.
Mr. Jones explained that some of the buildings are fine,
others are not.
The question of having a water tank built was discussed and
the cost for this would be between $220,000 to $240,000.
Mr. Riley explained that the County could say that no more
building permits would be issued until the tank is built.
Mr. Stiles requested that Mr. Jones keep the Board
appraised of the water situation.
Mr. Harry Benham, III, Attorney, appeared before the Board
on behalf of the applicant. He stated that all that was being
requested at this time was the rezoning and the water situation
in addition to the plans for what would be built here could be
addressed later.
Mr. James Parsons, resident living North of this location,
addressed the Board and stated that he is concerned about water
run -off from this location going on to his property.
Mr. Stiles explained this would be addressed at the master
plan stage and he felt this would help Mr. Parsons' current
situation.
Mr. Stiles stated that he had had a number of calls regard-
ing truck traffic on this section of Welltown Pike.
460
Upon motion made by Charles W. Orndoff, Sr. and seconded by
Robert M. Rhodes, to refer this back to the staff and Planning
Commission, as well as the Transportation Commission, for
further study and recommendation.
The above motion was approved by the following recorded
vote: Aye - Kenneth Y. Stiles, Robert M. Rhodes, Dudley H.
Rinker, Roger L. Crosen and Charles W. Orndoff, Sr. Nay - W.
Harrington Smith, Jr.
REZONING APPLICATION #021 -89 OF THE EVANS COMPANY -
OPEQUON MAGISTERIAL DISTRICT - APPROVED
Mr. Watkins presented this request and stated that the
Planning Commission recommended approval with proffers.
Upon motion made by Dudley H. Rinker, seconded by Charles
W. Orndoff, Sr. and passed unanimously, the following letter
from Dave Holliday, with reference to the donation of lot 34, is
to be made a part of the record:
December 13, 1989
Mr. Bob Watkins
Director of Planning
Frederick County of Virginia
9 Court Square
Winchester, VA 22601
Dear Bob:
By this letter please be informed that the Top of Virginia
Development Corporation, owner of Fredericktowne Estates, is
willing to give up lot #34, Section II and dedicate this area to
the County of Frederick, that the Golliday Road may be extended
by the Evans Company to and through the Snyder property to Route
277.
As this dedication and loss to our firm is of no cost to
the County or to Evans; Evans has agreed to purchase an outlot
bordering their Townhouse site of approximately 22,000 square
feet from the Top of Virginia. They are asking that this space
be included in their master plan for townhouses, adding 4 units
to the plan.
If you see no problem with this, I will immediately sign
whatever documents necessary to execute the right -of -way
dedication.
Thank you for your time and cooperation.
Sincerely,
/s /David B. Holliday
David B. Holliday
President
Top of Virginia Development
Corporation
CC: File
Chuck Maddox
Evans Group
Mr. Charles Maddox, with G. W. Clifford Associates,
addressed the Board on behalf of the petitioner and presented
slides and explained what was planned for the area.
Mr. Stiles asked what the time frame was for this project.
The owner replied three to five years.
Mr. Rinker had a concern about entrances.
Mr. Watkins explained that essential entrances can be made
a part of the agreement at the master plan stage.
Mr. Crosen stated that he had a number of concerns such as
schools and law enforcement and did not feel he could endorse
this request as presented.
Mr. Rinker stated that the road networking is a concern of
the local citizens.
Upon motion made by Dudley H. Rinker and seconded by W.
Harrington Smith, Jr. to approve rezoning application number
021 -89 of the Evans Company, 8251 Greensboro Drive, Suite 1100,
McLean, Virginia, to rezone 54.625 acres from RA (Rural Areas)
to B -2 (Business General) and RP (Residential Performance).
This property is located North and adjacent to State Route 277,
East of Stephens City and 1,750 East of State Route 641,
approximately 1.75 miles East of I -81 and is identified as
Parcel 102 -0 on Tax Map 86 in the Opequon 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. Nay - Roger
L. Crosen.
CONDITIONAL USE PERMIT #018 -89 OF DAVID B. HOLLIDAY -
SHAWNEE MAG ISTERIAL DISTRICT - APPROVED
Mr. Watkins presented this request and stated that this was
approved by the Planning Commission with conditions.
Mr. Chuck Maddox, with G. W. Clifford Associates, presented
this request on behalf of the Petitioner.
Upon motion made by W. Harrington Smith, Jr., seconded by
Robert M. Rhodes and passed unanimously, conditional use permit
number 018 -89 of David B. Holliday, P. 0. Box 2715, Winchester,
Virginia, for a day care facility to be located on the Southeast
46
corner of the intersection of State Route 642 and Chinkapin
Drive in the Lakeside Estates Subdivision was approved. This
property is identified on Tax Map 75B in the Shawnee Magisterial
District.
CONDITIONAL USE PERMIT #019 -89 OF JOANNE R. HAPP -
STONEWALL MAGISTERIAL DISTRICT - APPROVED
Mr. Watkins presented this request and stated that the Plan-
ning Commission recommended approval with conditions.
Upon motion made by Charles W. Orndoff, Sr., seconded by
Dudley H. Rinker and passed unanimously, conditional use permit
number 019 -89 of Joanne R. Happ, Route 1, Box 215, Clearbrook,
Virginia, for an artist's studio to be located near Grimes on
the Northern side of Route 671 at the intersection of Route 661
(Welltown Pike) was approved. This property is identified as
Parcel 74 on Tax Map 32 in the Shawnee Magisterial District.
COMMITTEE REPORTS
PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER
THE CONSENT AGENDA
The Parks and Recreation Commission met on November 2, 1989.
Members present were: Robert Roper, Patricia Perry, Carmen Rio,
Donald Wilson, Carole Ambrogi, Dudley Rinker, Courtland Smith.
The following action was taken:
Shelter Fees - No Action Taken
Mr. Wilson moved to approve the revised shelter fees for
five shelters including $25 fee for Kiwanis Shelter, seconded by
Mr. Smith, carried unanimously (7 -0).
Group Picnic Policy - No Action Taken
Mrs. Perry moved to accept the group picnic policy which
will provide a complete package of picnic services for the
community, seconded by Mrs. Ambrogi, carried unanimously.
FY 1990 -91 - No Action Taken
Mrs. Perry moved to approve the FY 1990 -91 Parks and Recrea-
tion Department budget with supplements. Motion seconded by Mr.
Smith, carried unanimously (7 -0).
FIRE AND RESCUE COMMITTEE REPORT
Mr. Crosen, Board liaison on the Fire and Rescue Committee,
presented the following report:
C u tl
The Fire and Rescue Committee met on Monday, November 20,
1989, at 7:30 P.M., in the Round Hill Volunteer Fire Company
facility. All companies were present. Also present were Board
member Roger L. Crosen; Assistant County Administrator Stephen
F. Owen and Fire Marshal Paul N. Stinnett.
The following items were discussed:
Items Requiring Action
Emergency Command /Communications Bus - Approved in Part
After discussing the availability of a free school bus for
an emergency communications /command vehicle, the Committee voted
unanimously to recommend the Board's approval of accepting the
bus provided that funding does not interefere with funding for
upgrading the entire radio system.
Mr. Orndoff and Mr. Crosen stated that the firemen they had
spoken to were not in favor of accepting this bus, but they
understood that this was not expressed at the meeting.
Mr. Crosen explained that once the committment is made then
it would be an on going expense and he was not in favor of this.
Upon motion made by W. Harrington Smith, Jr. and seconded
by Robert M. Rhodes, to accept the bus only, no expenditures.
The above motion was passed by the following recorded vote:
Aye - Kenneth Y. Stiles, Robert M. Rhodes, Dudley H. Rinker and
W. Harrington Smith, Jr. Nay - Roger L. Crosen and Charles W.
Orndoff, Sr.
Items Not Requiring Action
Cardiac Care Technicians Request
A request for four paid cardiac care technicians from
Winchester Rescue Squad was tabled until the Winchester Rescue
Squad joins in on Central Dispatch.
Fire Marshal's Report
Paul Stinnett reported on his monthly permits, inspections
and investigations. He noted that some County Code amendments
are needed. Finally, he praised the fire companies for their
professionalism.
Fee Waiver and Tax Exemption
464
Steve Owen reported that the Board of Supervisors had
approved the building permit /plan review fee waivers for fire
and rescue companies, as well as the personal property tax exemp-
tion program. Steve stated he will develop a form for use in
the tax exemption program.
PUBLIC WORKS COMMITTEE REPORT
Mr. Orndoff, Chairman of the Public Works Committee,
presented the following report:
The Public Works Committee met on Tuesday, December 5,
1989, at 7:30 A.M. Present were Board members Charles W.
Orndoff, Sr. and W. Harrington Smith, Jr.; Committee members
Keith A. Tubandt and Chester. A. Renner; County Administrator
John R. Riley, Jr.; and Assistant County Administrator Stephen
F. Owen.
The following items were discussed:
Items Requiring Action
Radio Communications Request - Approved
The Committee discussed a request from Valley Regional
Enterprises, a sister corporation to the hospital, to place a
base station and tower antenna at the Shawneeland mountaintop.
This is unanimously recommended for Board approval provided that
they provide a study on the possible interferences with existing
radio systems (see Attachment 1).
Upon motion made by Robert M. Rhodes, seconded by W.
Harrington Smith, Jr. and passed unanimously, the above request
was approved with a $500 per year charge.
LEPC Appointment - Approved
The Local Emergency Planning Committee has requested that
the Board nominate Mike Butler of the Lord Fairfax Emergency
Medical Services Council for a seat on the LEPC. The Committee
recommends approval.
Upon motion made by Charles W. Orndoff, Sr., seconded by
Dudley H. Rinker and passed unanimously, the above request was
approved.
It was noted that this had been acted on earlier.
4C�
Gore School Parcel Sale - Approved
Board approval of the sale of a .10 acre parcel next to
Gore School to Larry Ahoe in the amount of $2,750 is unanimously
recommended.
Upon motion made by Charles W. Orndoff, Sr., seconded by W.
Harrington Smith, Jr. and passed unanimously, the above request
was approved.
Building Maintenance Code - No Action Taken
The Committee discussed the problem of the Building
Maintenance Code not being enforced for residential buildings as
adopted by the Board of Supervisors. Greenwood Fire Company and
the Building Official have requested that the Board reconsider
this policy. The Committee unanimously recommends the Board
revise the policy to allow the Code to be enforced on residen-
tial buildings on a complaint basis.
The Board took no action on this request.
Information Items Only
Landfill Contracts
Steve Owen advised the Committee on recent landfill con-
tract awards as follows: Contract 1 - Leachate System to Perry
Engineering for $539,912; Contract 2 - New Landfill and Closure
of Existing Landfill to L. F. Franklin & Son for $670,450.40.
Several of the bids on Contract 2 were as high as $2.4, $2.3 and
$1.8 million.
Emerqency Services Coordinator's Report
Monthly data on missed fire and rescue calls was reviewed.
It was noted that some of the rural companies, Gore, Gainesboro
and Reynolds Store missed the most calls in October (see Attach-
ment 2) .
Landfill Tonnage
See Attachment 3.
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, November 6
1989, at 7:30 A.M. Present were Board member W. Harrington
Smith, Jr.; County Administrator John R. Riley, Jr.; Assistant
County Administrator Stephen F. Owen; Emergency Services
Coordinator Homer H. Sanders and Fire Marshall Paul N. Stinnett.
The following items were discussed:
Items Requiring Action
Incident Report Charge - Approved
Fire and Rescue Incident reports are currently being provid-
ed to insurance companies at no charge and on an everincreasing
basis. The Fire Marshall requests permission to charge $2.00 11 -
per report.
Upon motion made by W. Harrington Smith, Jr., seconded by
Charles W. Orndoff, Sr., the above request was approved.
Fire Lane /Hydrant Enforcement - Approved
Parking regulations for fire lanes and hydrants are current-
ly enforceable only by the Sheriff's Department. This is a grow-
ing problem, especially at shopping centers. The Fire Marshal
requests that Chapter 13 of the County Code be amended to allow
him to enforce these regulations also, thus freeing up law
enforcement personnel for more critical areas. A public hearing
is required and needs to be set in order to accomplish this.
Upon motion made by W. Harrington Smith, Jr., seconded by II
Roger L. Crosen and passed unanimously, the above request was
approved.
Open Burning - Approved
Several conflicts between State Law and the County Code
regarding open burning have been found and should be clarified.
These include materials that cannot be burned in permitted open
burning operations (woods and large logs) and the distance open
burning operations must be from occupied buildings. The County
requires 300 feet, the State requires 500 feet. A public hear-
ing to amend Chapter 10 is required to correct these irregulari-
ties.
Upon motion made by W. Harrington Smith, Jr., seconded by
Robert M. Rhodes and passed unanimously, the above request was
approved.
,t a r+
Sworn Officer - Approved
The Fire Marshal requests that he be sworn as a special
police officer in order to be able to issue summons under the
provisions of the Fire Code. The question of gun carrying is a
non - issue, as the Fire Marshal is already permitted to carry a
weapon under State Law, as may sometimes be necessary in arson
investigations.
Upon motion made by W. Harrington Smith, Jr., seconded by
Dudley H. Rinker and passed unanimously, the above request was
approved.
Fire Prevention Code - Approved
There are quite a few areas that need to be addressed by
the adoption of the Fire Prevention Code in its entirety (the
Board of Supervisors partially adopted the Code in May of 1988).
This is being worked on by the Fire Marshal and will include
proposed new language to cover enforcement, smoke detectors,
tire storage and permit fees. This item may also be scheduled
for public hearing or sent back to the Code and Ordinance
Committee for a full Committee recommendation, or scheduled for
a workshop after the first of the year, whatever the Board's
pleasure.
Upon motion made by W. Harrington Smith, Jr., seconded by
Robert M. Rhodes, and passed unanimously, the above request was
approved
It was recommended that a draft be prepared.
PERSONNEL COMMITTEE REPORT
Mr. Rhodes, Chairman of the Personnel Committee, presented
the following report:
The Personnel Committee met on Wednesday, December 6, 1989
with the following members present: Robert M. Rhodes, Roger L.
Crosen, James L. Longerbeam, John R. Riley, Stephen F. Owen and
Ann K. Kelican. Clarence L. Hunter was absent. The Committee
submits the following report and recommendations to the Board of
Supervisors for consideration.
Request for Funds for Temporary Help - Personnel
Department - Approved
468
The Committee reviewed the attached request for funds for
temporary help in the Personnel Department and recommends
approval of same. (See Attachment A)
Upon motion made by Robert M. Rhodes, seconded by Dudley H.
Rinker and passed unanimously, the above request was approved.
Request for Funds - Annual Awards Banquet - Approved
The Committee reviewed the attached request for funds for
the annual awards banquet and recommends approval of same. (See
Attachment B)
Upon motion made by Robert M. Rhodes, seconded by Dudley H.
Rinker and passed unanimously, the above request was approved.
Request for Fulltime Position - Division of Court
Services - Approved
The Committee reviewed the attached request from the
Director of Division of Court Services to upgrade the part -time
cook position to a fulltime position and recommends approval of
same. (See Attachment C)
Upon motion made by Robert M. Rhodes, seconded by W.
Harrington Smith, Jr., and passed unanimously, the above request
was approved.
ICMA Deferred Compensation Program - Approved
The Committee reviewed a resolution which provides for the
establishment of a deferred compensation program for employees
administered by the ICMA Retirement Corporation and recommends
approval of same. (Resolution to be presented at the meeting.)
Upon motion made by Robert M. Rhodes, seconded by W.
Harrington Smith, Jr. and passed unanimously, the above request
was approved.
Department Head Evaluations - To be Done in Executive
Session
The Committee reviewed the following Department Head
evaluations and recommends approval of same as submitted:
A. James M. Doran, Parks and Recreation Director
B. Kenneth L. Coffelt, Director of Code Administration
C. Joseph A. Walker, Court Services Director
D. Ann K. Kelican, Personnel Director
(The above evaluations are attached under separate cover.)
This is to be done in Executive Session.
FINANCE COMMIT REPORT
Mr. Rhodes, Chairman of the Finance Committee, presented
the following report:
The Finance Committee met on Wednesday, December 6, 1989,
at 1:30 P.M., in the Old Courthouse Conference Room. Carl
Fryling was absent. All other members were present.
The following require Board action:
Request from the Economic Development Commission for a
General Fund Supplemental Appropriation in the Amoun
of $43.489 - Held Over Until the January Meetinq
The Economic Development Commission requests a General Fund
supplemental appropriation of $43,489 and that Frederick County
become the fiscal agent effective January 1, 1990. The County
has remitted to the City our share of 89 -90 funding; therefore,
the total amount of $43,489 will be required to be reimbursed by
the City. The Committee recommends approval.
It was the consensus of the Board that this be held over
until the January meeting.
Request from the Special Administrator for the Common-
wealth's Attorney for a General Fund Transfer from
Capital Contingency in the Amount of $5,674.50 - Approved
The Special Administrator for the Commonwealth's Attorney
requests a General Fund transfer from Capital Contingency of
$5,674.50 for computer equipment and $2,700 for a new Merlin
telephone system. 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 Regional Jail Board for a General Fund
emental Appropriation in the Amo of 172,078.72 -
The Regional Jail Board requests a General Fund supplement-
al appropriation of $172,078.72 for eight new employees at the
Jail. Frederick County's share will be $19,868.85 for the re-
mainder of FY 1989 -90. Effective 10 -1 -89 the Regional Jail
Board assumed responsibility for the operation of the jail. As
a result, Frederick County became fiscal agent for the Clarke
County personnel. The Committee recommends approval.
Upon motion made by Robert M. Rhodes, seconded by Roger L.
Crosen and passed unanimously, the above request was approved.
470
Request from the School Finance Director for a School
Operating Fund Supplemental Appropriation in the Amount
of $4,846 - Approved
The School Finance Director requests a School Operating
Fund supplemental appropriation of $4,846 for computer equipment.
No additional local funds are needed. See attached memo. The
Committee recommends approval.
Upon motion made by Robert M. Rhodes, seconded by Roger L.
Crosen and passed unanimously, the above request was approved.
q uest from the Sanitary District Manager for a Sanit
strict Fund Transfer in the Amount of $15,000 -
The Sanitary District Manager requests a Sanitary District
Fund transfer of $15,000 to purchase a tractor. See attached
memo. The Committee recommends approval.
Upon motion made by Robert M. Rhodes, seconded by Roger L.
Crosen and passed unanimously, the above request was approved.
Request from the Director of Division of Court Services for
a Division of Court Services Fund Supplemental Appropria-
tion in the Amount of $15,785 - Approved
The Division of Court Services Director requests a Division
of Court Services Fund supplemental appropriation of $15,785 for
Alco- Sensors. 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 Sanitary District Manager and the Chairman
of the Sanitary District Advisory Committee for a Sanitary
District Fund Appropriation in the Amount of $1,000 -
Approved
See attached memo from the Sanitary District Manager and
the Chairman of the Sanitary District Advisory Committee regard-
ing a Sanitary District Fund Appropriation of $1,000 for SCORE,
a school bus stop shelter. 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 Assistant County Administrator for a
General Fund Supplemental Appropriation Transfer from
Capital Continqency in the Amount of $14,900 - Approved
71
The Assistant County Administrator requests a General Fund
supplemental appropriation transfer from Capital Contingency of
$14,900 for computer equipment. 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 and it was noted that this figure includes the
Personnel Department.
Request from the O.I.C. Regarding the Pre - Release /Post
Incarceration Program - Referred to the Regional Jail
Board
See attached memo from the Executive Director of Tri- County
O.I.C. regarding the Pre - Release /Post- Incarceration Program.
State money for the program has not been received due to an
eligibility problem, and the City of Winchester did not support
the program. However, O.I.C. would still like to use the funds
provided by Frederick County in August, 1989. The Committee
recommends the money be returned for FY 89 -90 and the request be
re- evaluated in FY 90 -91.
It was the consensus of the Board that the money be
returned and that this be referred to the Regional Jail Board.
LAW ENFORCEMENT AND COURTS COMMITTEE REPORT
Mr. Crosen, Chairman of the Law Enforcement and Courts
Committee, presented the following report and stated that it was
for information only and no action was necessary:
The Law Enforcement and Courts Committee met on Tuesday,
December 12, 1989, 4:00 P.M., in the Conference Room of the
Frederick County Courthouse. Present were Roger L. Crosen,
Chairman of the Committee; W. Harrington Smith, Jr. and Larry P.
Coverstone. Charles R. McIlwee was absent. Also present were
Sheriff Charles L. Sturdivant; Captain John E. Liggett; Bob
Williamson and John R. Riley, Jr., County Administrator. The
Committee submits the following:
Discussion of Sheriff's Department Budget - No Action
m.tio„
The Committee discussed the Sheriff's Department's budget.
No action was taken.
BOARD RETIRED INTO EXECUTIVE SESSION
47
Upon motion made by Charles W. Orndoff, Sr., seconded by
Robert M. Rhodes and passed unanimously, the Board retired into
Executive Session in accordance with Virginia Code, 1950, as
amended, Section 2.1 -344, Subsection A (1) to discuss Personnel
matters and to also discuss pending litigation.
BOARD WITHDREW FROM EXECUTIVE SESSION
Upon motion made by Roger L. Crosen, seconded by Dudley H.
Rinker and passed unanimously, the Board withdrew from Executive
Session.
BOARD RECONVENED INTO REGULAR SESSION
Upon motion made by Roger L. Crosen, seconded by Dudley H.
Rinker and passed unanimously, the Board reconvened into Regular
Session.
DEPARTMENT HEAD MERIT EVALUATIONS APPROVED AS
SUBMITTED
Upon motion made by Robert M. Rhodes, seconded by Roger L.
Crosen and passed unanimously, the merit evaluations of the
following Department Directors were approved as submitted:
A. James M. Doran, Parks and Recreation Director
B. Kenneth L. Coffelt, Director of Code Administration
C. Joseph A. Walker, Court Services Director
D. Ann K. Kelican, Personnel Director
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY,
IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN.
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ChtL�t Boar o Su ervisors Cle"iril o1E Su rvisors