HomeMy WebLinkAboutMarch 23, 1988 Regular Meeting486
A Regular Meeting of the Frederick County Board of Super-
visors was held on March 23, 1988, 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; L. A. Putnam
and Charles W. Orndoff, Sr.
Mr. Riley, County Administrator, was absent from the meet-
ing as he was attending school, National Academy of Corrections
in Colorado.
CALL TO ORDER
The Chairman called the meeting to order and asked that
everyone observe a moment of silence in absence of a Minister.
ADOPTION OF AGENDA
Mr. Steve Owen, Assistant County Administrator, stated tha
there were replacement reports for Information Services and
Parks and Recreation.
Mr. Stiles stated that he had some appointments under
"County Officials ".
Upon motion made by Dudley H. Rinker, seconded by L. A.
Putnam and passed unanimously, the Agenda was adopted as amend-
ed.
ESTEN 0. RUDOLPH, III APPOINTED TO THE SANITATION
AUTHORITY
Upon motion made by Charles W. Orndoff, Sr., seconded by L.
A. Putnam and passed unanimously, Esten O. Rudolph, III was
appointed to the Sanitation Authority, said term to commence
April 15, 1988 and expire on April 15, 1992.
CATHY BAKER, SENIOR AT JAMES WOOD RIDGE CAMPUS,
ADDRESSED THE BOARD RE: PRESIDENTIAL COUNCIL FOR
YOUNG AMERICANS
Ms. Cathy Baker, Senior at James Wood Ridge Campus,
appeared before the Board to tell of her recent trip to
Washington, D.C. as part of the Presidential Council for Young
Americans. She stated that this week long experience was one
that she felt was very beneficial to her and gave an insight of
our government and how it operates on the National level.
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It was noted that the County provides this trip to a Senior
from James Wood High School on an annual basis.
DR. MALCOLM TENNEY, ACTING EXECUTIVE DIRECTOR,
FREDERICK - WINCHESTER HEALTH DEPARTMENT, ADDRESSED THE
BOARD
Dr. Tenney appeared before the Board and addressed the
recent measle outbreak in the County and stated that $20,000 had
been spent for the shots that had been administered. He stated
that he felt this outbreak was over.
Dr. Tenney explained to the Board at this time about the
Women, Infants, and Children (WIC Program) and what the
statistics are with this program in Frederick County.
Mrs. Carlisle, staff member of the Health Department,
appeared before the Board to further explain how the WIC Program
is administered.
Mr. Stiles asked Dr. Tenney to address the Board on the
matter that he had discussed with the Planning Commission at
their last meeting and the concerns he had on certain permits
that are being issued by the State Water Control Board.
Dr. Tenney stated that the State Water Control Board is
issuing permits for installation of septic systems other than
the sand filter for subdivisions and he felt this procedure will
create problems due to the maintenance that is required of a
system other than sand filter.
Mr. Crosen stated that he felt anything less than five
acres should not be using an alternative system.
THREE STAFF MEMBERS APPOINTED TO THE VIRGINIA
MUNICIPAL LEAGUE POLICY COMMITTEE
Mr. Stiles appointed Mr. Riley, County Administrator to
serve on the Effective Government Policy Committee, Mr. Steve
Owen, Assistant County Administrator to serve on the Public
Safety Policy Committee and Mr. Bob Watkins, Director of Plann-
ing and Development, to serve on the Transportation Policy
Committee of the Virginia Municipal League.
APPOINTMENTS MADE TO THE 250TH ANNIVERSARY COMMITTEE
Mr. Stiles appointed Ms. Pam Bell, Ms. Sally Penfield and
Mr. Peter Krouse to serve on the 250th Anniversary Committee.
CHARLES L. BOYER APPOINTED TO SERVE ON THE GYPSY MOTH
COMMITTEE
Mr. Stiles appointed Mr. Charles L. Boyer to serve on the
Gypsy Moth Committee, said term to commence March 23, 1988 and
expire on January 27, 1989.
Mr. Stiles stated that Steve Putnam, John Riley and himself
would be meeting with the Committee from City Council to discus
the Frederick - Winchester Service Authority.
PUBLIC HEARING
1988 -1989 BUDGET FOR THE COUNTY OF FREDERICK
Mr. Stiles noted the rules for a public hearing.
Mrs. Dorothy Brewer, President of the Chamber of Commerce,
appeared before the Board and requested that the Board recon-
sider and fund the Chamber's entire budget of $6,500. She
further stated that she felt the County should give the same as
the City of Winchester.
Mr. Stiles noted that no action would be taken at this meetl
ing as this was only the public hearing.
Mrs. Fran Jeffries, President of the Education Association
thanked the Board for all they had done on behalf of education
and further stated that the Association's biggest concern at
this time was all the development presently taking place, and
especially all that is planned for the Eastern end of the County
and as to where all of these students will be housed.
Mr. Stiles replied that the school budget had taken into
consideration an additional 420 students for next year when pl
ning their budget.
Mr. Court Smith, member of the Parks and Recreation Commi
Sion, requested that the Board reconsider the $50,000 request i
the Parks and Recreation budget for the construction of soccer
fields at Sherando Park.
Mr. Bob Roper, President of the Parks and Recreation Commi:
sion, requested that the Board reconsider the Parks and Recrea-
tion budget and reinstate the entire budget as presented. He
further requested that the $25,000 be approved for the purchase
of a new dump trunk.
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Mr. Donald Fannell of the Shenandoah Valley Independent
Living Center requested that the Board fund their entire request
of $8,000. He explained to the Board what benefits the center
provides all area citizens that are disabled.
There was no further comments on the budget and it was
noted that the budget will be adopted at the next Board meeting.
Mr. Crosen moved to restore $3,500 of the original $6,500
total of the Chamber of Commerce's budget request for total fund-
ing. Mr. Rinker seconded the motion and the vote was unanimous.
REQUEST FROM THE VIRGINIA DEPARTMENT OF HEALTH RE:
SEWAGE REGULATIONS - APPROVED
Upon motion made by Dudley H. Rinker, seconded by Robert M.
Rhodes and passed unanimously, the request of the Federal
Emergency Management Agency to dispose of the annual hauling of
ten cubic yards of dewatered sewage to the Frederick County
Sanitary Landfill from Mount Weather was approved.
PROPOS REFUNDING OF INDUSTRIAL DEVELOPMENT AUTHORITY.
Upon motion made by Dudley H. Rinker, seconded by L. A.
Putnam and passed unanimously, the following resolution was
approved:
WHEREAS, the Industrial Development Authority of the
County of Frederick, Virginia (the Authority), has considered
the application of Stephens City Motel Associates Limited
Partnership (the Partnership) for the issuance of the
Authority's variable rate demand refunding revenue bonds in an
amount not to exceed $1,340,000 (the Bonds) to assist in the
refinancing of the Authority's $1,350,000 Industrial Development
Revenue Bonds (Stephens City Motel Associates Limited
Partnership), dated December 12, 1985, which was issued to
finance the acquisition, construction and equipping of a 60 -room
motel facility (the Project) located at the intersection of
Routes 1012 and 277 in the Opequon District in Frederick County,
Virginia, and has held a public hearing thereon on March 22,
1988; and
WHEREAS, the Authority has requested the Board of
Supervisors (the Board) of Frederick County, Virginia (the
County), to approve the issuance of the Bonds to comply with
Section 147 (f) of the Internal Revenue Code of 1986, as amended
(the Code);
WHEREAS, a copy of the Authority's resolution approving
the issuance of the Bonds, subject to terms to be agreed upon, a
record of the public hearing and a "fiscal impact statement"
with respect to the Project have been filed with the Board;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREDERICK
COUNTY, VIRGINIA:
-•i
1. The Board hereby approves the issuance of the Bonds by
the Industrial Development Authority of the County of Frederick
Virginia, for the benefit of Stephens City Motel Associates
Limited Partnership to the extent required by Section 147(f) of
the Code, to permit the Authority to assist in the refinancing
of the Project.
2. Approval of the issuance of the Bonds, as required by
Section 147(f) of the Code, does not constitute an endorsement
of the Bonds or the creditworthiness of the Partnership, but, ae
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
revenues and monies pledged therefor, and neither the faith or
credit nor the taxing power of the Commonwealth, the County nor
the Authority shall be pledge thereto.
3. This resolution shall take effect immediately upon its
adoption.
SHAWNEELAND SANITARY DISTRICT TAX STRUCTURE REVISION -
APPROVED AS AMENDED
Mr. Owen, Assistant County Administrator, presented this
request and stated that several revisions had been recommended
by the Shawneeland Sanitary District Advisory Committee. He
further stated that basically they are proposing a $2.00 per
acre increase (to the current $160 for undeveloped and $220 for
developed lot structure) for each acre or partial acre in excess
of 5 acres. He further stated that they are proposing a fee of
$60 for each dwelling unit for multiple dwelling unit lots.
Upon motion made by Robert M. Rhodes, seconded by Dudley H.
Rinker and passed unanimously, the following tax structure
revision for the Shawneeland Sanitary District was approved:
1. For undeveloped parcels of land:
a. $160.00 for the first 5 acres or portion thereof,
plus
b. $2.00 per acre for each acre or partial acre in
excess of 5 acres.
2. For developed or improved parcels of land with no
more than one dwelling unit or structure:
a. $220.00 for the first 5 acres or portion thereof,
plus
b. $2.00 per acre for each acre or partial acre in
excess of 5 acres.
3. For parcels containing multiple dwelling units or other
structures:
a. $160.00 for the first 5 acres or portion thereof,
plus
b. $2.00 per acre for each acre or partial acre in
excess of 5 acres, plus
491.
c. $60.00 for each dwelling unit or other structure
located on the parcel.
NOTE:
1. The term structure shall not be interpreted to include
small tool /storage sheds or garages associated with
single family dwellings.
2. This tax structure is all inclusive and should
supercede the existing charge structure as it contains
the same charges for unimproved and improved lots.
REZONING APPLICATION #003 -88 - SHIHO - OPEQUON AND
Mr. Watkins, Planning and Development Director, presented
this request and stated that the Planning Commission recommended
approval.
Mr. Dave Holliday, President of Lakeside Development Com-
pany, appeared before the Board and by way of a map explained
what he had planned for this area, what was presently built on
and what he planned to build in the future.
Mr. Chuck Maddox, of G. W. Clifford Associates, appeared
before the Board and gave a run down of the revenue that would
be generated from a project such as this.
Mr. Harrington Smith, resident of Lakeside Estates,
appeared before the Board to oppose this rezoning at this time.
He passed out several aerial photos of the area around the land
that is being requested to be rezoned. He referred to the sub-
divisions in the area and how many houses within these subdivi-
sions are currently on the Lakeside water and sewer system which
is overloaded and in violation according to the State. Mr.
Smith further stated that he could not see how the Board could
consider adding any additional hook ups with the sewer capacity
being what it is and the fact that construction of the Parkins
Mill Plant had not started at this point, and he felt if
additional hook ups are approved at this time that he would have
no choice but to go to the State Water Control Board.
Mr. Wellington Jones, Engineer /Director of the Sanitation
Authority, appeared before the Board and stated that the expan-
sion was completed at the Lakeside Plant for a capacity of
250,000 and the average flow for February had been 150,000 per
day, which meant that there is 100,000 not being used. He
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stated that he felt the Lakeside Plant will be able to handle
excess and that the Parkins Mill Plant will be completed in
June, 1989.
Mr. Stiles asked that if it was at 85% capacity, was it in
violation.
Mr. Jones replied no, 95% was in violation.
Mr. Stiles stated that the Fred -Winc Service Authority
approved condemnation of land for the Parkins Mill Plant at
their meeting on March 22 and that 500,000 gallons per day will
be handled at this plant. He stated that his concern is that
Parkins Mill should be 750,000 gallons rather than a half
million.
Mr. Putnam stated that he was impressed with the plans for
this development but he felt it was premature.
Mr. Orndoff asked if both parcels had to be acted on or if
just one parcel could be rezoned.
Mr. Ambrogi replied that they could act on just one.
Mr. Putnam stated that he had no problem with the business
rezoning but he did on the residential. He asked Mr. Maddox if
the Board only approved the business and not the residential
rezoning, did he not feel that would be helpful.
Mr. Maddox replied yes, that it would, it was just that
they would like them together.
Mr. Putnam moved to table if it was appropriate.
Mr. Orndoff asked if this would be feasible for the deve
er.
Upon motion made by L. A. Putnam, seconded by Dudley H.
Rinker and passed unanimously, 14 acres was approved for commer-
cial rezoning.
Upon motion made by L. A. Putnam and seconded by Dudley H.
Rinker, to table the residential rezoning.
Mr. Rhodes asked that if this was tabled by the Board be-
cause of inadequate sewer connections, are they putting out a
moratorium on future connections.
493
Mr. Stiles stated that development will be slowed until the
upgrade at Lakeside is complete and the Parkins Mill Plan is on
line.
The above motion was made by the following recorded vote:
Aye - Kenneth Y. Stiles, Dudley H. Rinker, Roger L. Crosen and
L. A. Putnam. Nay - Robert M. Rhodes and Charles W. Orndoff,
Sr.
JAMES M. SZYMECKI, PLANNER I, INTRODUCED TO THE BOARD
Mr. Watkins introduced Mr. Szymecki who was recently hired
by the County to fill the Planner I position.
DAVE HOLLIDAY GAVE STATISTICS ON BUILD -OUT RATE IN THE
LAKESIDE AREA
Mr. Stiles stated that Mr. Holliday had provided him with
the following information during the recess:
996 lots were approved in the master plan,
560 remaining at this point,
70 acres being built on.
COMMITTEE REPORTS
FIRE AND RESCUE COMMITTEE REPORT
Mr. Crosen presented the following report and stated that
it was for the Board's information:
The Fire and Rescue Committee met on Tuesday, March 8,
1988, at 7:00 P.M., in the Round Hill Volunteer Fire Company
facility. Present were all Companies except Company 16 -
Gainesboro, Company 17 - Star Tannery, Company 19 - North
Mountain and Company 20 - Reynolds Store. Also present were
Board Member Roger Crosen; County Administrator John R. Riley,
Jr; Assistant County Administrator Stephen F. Owen and Emergency
Services Coordinator Homer Sanders.
The following items were discussed, however none require
Board action:
Roger Crosen
Roger Crosen was welcomed to his first meeting of the
Committee by Frank Weller.
Paid Fire and Rescue Personnel
John Riley briefed the Committee on the Board of Super-
visors' request for an advisory committee to study the paid fire
and rescue personnel issue raised during recent budget discus-
494
sions. Frank Weller (Company 11) appointed himself, Henry
Shiley (Company 12), Bud Robinson (Company 13), Robert Whitacre
(Company 15) and Bill Shuller, (Company 18). Since the meeting
Perry Silva and Leonard Jackson have also been asked to serve o
the Committee.
Mr. Rinker requested that Mrs. Kelican and Mrs. Ratcliff,
along with a couple County citizens, be added to this Committee
False Alarms
Robert Whitacre noted that Company 15 has run six false
alarm calls to Baker House in recent weeks. John Riley stated
that an ordinance to address the problems can be reviewed by
Committee at their next meeting.
NFIRS Reporting
Steve Owen reported that the computer printer and software
grant from the State for the national fire incident reporting
system had been approved and that training on the system would
be held on March 14, 1988.
Equipment Inventory
Homer Sanders requested a motorized equipment inventory
from each Company.
Table Top Exercise of EOP
Wallace Twigg from the Virginia Department of Emergency
Services and Homer Sanders conducted a very successful table
exercise of the Emergency Operations Plan as adopted by the
Board of Supervisors last Summer.
INFORMATION SERVICES COMMITTEE REPORT
Mr. Rinker, Chairman of the Information Services Committee,
presented the following report:
The Information Services Committee met on March 17, 1988
11:00 A.M. The following members were in attendance: Dudley
Rinker, Steve Putnam, John Riley, Bill Bauserman, Charles Tyson
and Jim Beukema. The following was discussed:
1. Proposal to add memory and disk storage and a high
speed printer to the County's main frame computer. It was
mended that this was needed for the expansion of the Treasurer
and Finance Departments. Also software to improve the ease of
495
program development and increase the level of security on data
files. Total cost $196,531.00 plus maintenance. The Committee
recommends accepting this proposal thru a lease /purchase agree-
ment with the funds being appropriated from capital contingency
to the appropriate line items in Information Services. See
Attachment 1.
Upon motion made by Dudley H. Rinker, seconded by L. A.
Putnam and passed unanimously, the above was approved.
2. A request for bid was put out for hardware and software
for building permits and inspections system. The only bidder
was UNISYS Corporation. The Committee recommends accepting the
UNISYS bid of $104,560.00, including maintenance, thru a lease/ -
purchase agreement, with the funds being appropriated from
capital contingency to the appropriate line items in Permits and
Information Services. See Attachment 2.
Upon motion made by Dudley H. Rinker, seconded by L. A.
Putnam and passed unanimously, the above was approved.
The above two items are recommended to be acquired through
a 60 month lease /purchase agreement at a cost of $11,000 for FY
87 -88 and a additional cost of $64,000 for FY 88 -89 for hardware
and software. Also, additional maintenance costs of $4,000 for
FY 87 -88 and $24,000 for FY 88 -89.
3. The Committee has a request from E. E. Bayliss to
supply them with computer generated information on our Real
Estate accounts. The Committee recommends, as in the past, that
we do not supply any computer generated lists or tapes. The
requested information is available in the Commissioner of the
Revenue's Office, to anyone who wants to see it.
The Board concurred with the Committee's recommendation.
PARRS AND RECREATION COMMITTEE REPORT
Mr. Rinker presented the following report:
The Parks and Recreation Commission met on March 15, 1988.
The following item requires action by the Board of Supervisors
at their meeting on March 23, 1988:
Request for Training Funds
EM
Commission unanimously agreed to request training funds in
the amount of $510.00 for the Network System Analyst to receive
training in McLean, VA, (April 5 -7) on the user net software
which operates the Department's computer network. (6 -0)
It was noted that this class was no longer offered and the
request was withdrawn.
At its regularly scheduled meeting held on March 15, 1988,
the Frederick County Parks and Recreation Commission voted unani
mously to approve the purchase of a dump truck in the current
year's budget, in addition to requesting additional funds in the
amount of $25,000 in the proposed FY 1988 -1989 budget.
This will be acted on at the next Board meeting.
TRANSPORTATION COMMITTEE REPORT
Mr. Gyurisin, Deputy Director of Planning and Development,
presented the following report:
The Frederick County Transportation Committee met Monday
night, March 7, 1988 and acted on a number of items. The
Committee recommends approval of the following:
1. Approval of the request of Mr. Leonard D. Newcome for
the vacation of the right -of -way known as Stanford Drive locat
between lots 57 and 58 of the College Park Subdivision. (see
the attached plats)
Upon motion made by L. A. Putnam, seconded by Dudley H.
Rinker and passed unanimously, the above was approved.
2. Approval of the primary road plan recommendations to
presented April 8, 1988 in Staunton at the Virginia Department
of Transportation Preallocation Hearings. The attached list
outlines eight recommendations for primary road improvements.
1. Route 522 North (West of Winchester)
2. Route 37 (South of Winchester)
3. Route 522 South (East of Winchester)
4. Route 277 (East of Stephens City)
5. Improve Major Intersections
6. I -81 (East of Winchester)
7. Route 11 (North and South of Winchester)
8. Eastern By- Pass /Loop
At their meeting of March 16, 1988, the Frederick County
Planning Commission unanimously approved both of these items.
In addition to the above items recommended for approval,
the Transportation Committee heard from Mr. Paul Burkholder,
497
Marketing Director for the Virginia Port Authority. Mr. Burk-
holder presented the Committee with the general concept of the
inland port and the proposed plans. The Committee briefly dis-
cussed road improvements for East of Winchester, primarily in
the Senseny Road and Greenwood Road area between Route 7, Route
50 and Route 522. The Committee plans to discuss these in de-
tail at its next Committee meeting scheduled for April 11, 1988.
Mr. Rinker asked about Route 522 South near Macedonia
Church.
Mr. Bushman, of the Virginia Department of Highways and
Transportation, stated that the connection is Route 642 and that
is included in the Six Year Plan.
Mr. Putnam referred to Senseny Road and how crowded it is
becoming and that an extension needs to be extended to Route 7
as soon as possible.
Mr. Stiles stated that he concurred with Mr. Putnam that it
should be included in number 2 as a top priority. Mr. Stiles
asked the Board for their opinion on the possiblity of a consul-
tant to do the plans for a road from Route 50 to 7 for he felt
if the County waited another year to do this there would not be
any available land to put a road.
Mr. Bushman stated that the Highway Department would not
have such a consultant and that the County should retain the
services of a consultant to do this.
Mr. Stiles stated that he felt the Board needed to make up
their minds on this as they would probably have to wait 5 years
for the Highway Department to study this matter and make a recom-
mendation.
Mr. Crosen asked if the Board felt they wanted a major thor-
oughfare or corrections to what is already there.
Mr. Watkins stated that this does need to be considered.
Mr. Stiles replied that he felt that both would be needed.
PERSONNEL COMMITTEE REPORT
Mr. Putnam, Chairman of the Personnel Committee, presented
the following report:
The Personnel Committee met on Tuesday, March 15, 1988.
Present were Steve Putnam, Roger Crosen, Clarence Hunter, John
Riley, Steve Owen and Ann Kelican. James L. Longerbeam was ab-
sent. The Committee submits the following report and recommend
tions to the Board of Supervisors for consideration:
Part -time
Approved
The Committee recommends approval of the employment of a
part -time manager for the Shawnee -Land Sanitary District for
remainder of Fiscal Year 1987 -1988 at an hourly rate of $8.50
per hour.
Upon motion made by L. A. Putnam, seconded by Dudley H.
Rinker and passed unanimously, the above was approved.
Office Manager Position in Division of Court Services -
Approved
The Committee reviewed a request from the Director of the
Division of Court Services to fill a vacant Office Manager
Position (Range 12) with an Account Clerk III position (Range
10) and recommends approval of same.
Upon motion made by L. A. Putnam, seconded by Roger L.
Crosen and passed unanimously, the above was approved.
Reclassification Request - County Administrator's Office -
The Committee reviewed a request from the County
Administrator to reclassify the Office Manager position in his
office to an Executive Secretary position at a Range 15 and
recommends approval of same. A copy of the revised job
description is attached. (See Attachment "A ")
Upon motion made by L. A. Putnam, seconded by Roger L.
Crosen and passed unanimously, the above was approved.
Establishment of List of Pro
Members - Approved
tive Grievance Panel
The Committee submits the attached list of prospective
grievance panel members to the Board of Supervisors for conside
ation and recommends approval of same. (See Attachment "B ")
Upon motion made by L. A. Putnam, seconded by Roger L.
Crosen and passed unanimously, the above was approved.
r for Shawnee -Land Sanitary Distric -
Appointment to Shenandoah Valley Private In dustry Council
49 9
Attached please find a letter from Mr. Satterwhite of the
PIC regarding the vacancy created by the resignation of
Frederick County representative Ed Keenan, as well as a
nomination form for appointment of his replacement. The
Committee recommends that nominations for this position be
presented at the meeting. (See Attachment "C ")
No action taken at this time.
PRESENTATION OF 1988 -1989 WORK PROGRAMS
The 1988 -1989 Annual Departmental Work Programs were pre-
sented for the Board's review.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY,
IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN.
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