March 25, 1987 Regular Meeting174
A Regular Meeting of the Frederick County Board of Supervisors was
held on March 25, 1987 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; Will L. Owings, Vice - Chairman;
Robert M. Rhodes; Rhoda W. Maddox; Thomas B. Throckmorton and C. William
Orndoff, Jr.
CALL TO ORDER
The Chairman called the meeting to order.
INVOCATION
The invocation was delivered by the Reverend W. Anthony Layman of the
Braddock Street United Methodist Church.
ADOPTION OF AGENDA
Mr. Rhodes stated that he would like a few minutes to discuss an
article appearing in the Winchester Star and the Northern Virginia Daily
dealing with the extension of Wayland Drive.
Mr. Riley stated that he had two (2) items dealing with transportation
issues.
Upon motion made by C. William Orndoff, Jr., seconded by Robert M.
Rhodes and passed unanimously, the Agenda was adopted as amended.
APPROVAL OF MINUTES
Upon motion made by C. William Orndoff, Jr., seconded by Thomas B.
Throckmorton and passed unanimously, the minutes of the regular meetings
of February 11 and February 25, 1987 were approved as presented.
MARY REED ADDRESSE THE BOARD RE: PRIVATE INDUSTRY
Ms. Reed appeared before the Board on behalf of the Private Industry
Council as Ben Voorhies was unable to be present. Ms. Reed gave a summary
of participants in the various programs for adults as well as the Summer
programs for youth.
There were no questions from Board members.
John Poux, Executive Director of the Tri- County O.I.C., appeared
before the Board in support of this plan.
Upon motion made by Rhoda W. Maddox, seconded by C. William Orndoff,
Jr. and passed unanimously, the Shenandoah Valley Private Industry
Council's summary of operations for 1985 and its plan for fiscal year 1987
were approved.
175
APPROVAL OF RESOLUTION AUTHORIZING THE ISSUANCE AND SALE
Dr. Kenneth Walker, School Superintendent, appeared before the Board
to explain the procedure to be used in accepting the interest rate for
these bonds when the Board meets at their adjourned meeting on April 1.
Supervisors and stated that the bids had been received on the Gore/ -
Gainesboro School and the low bid was over the amount approved by the Board
of Supervisors and that he and Dr. Walker were present to discuss this
matter with the Board.
Dr. Walker appeared before the Board to explain the bids that were
received for the school construction project and what the various expenses
were for. He stated that the total amount is four million four hundred
thirty nine thousand seven hundred and thirty seven dollars ($4,439,737)
if built as the specs call for, which is seven hundred forty nine thousand
seven hundred thirty seven dollars ($749,737) over the original cost
alotted. He stated that meetings had been held in an effort to try and
reduce this figure with the contractor and architect. He stated that an
informational sheet had been prepared to show the areas that the School
Board felt cuts might be made.
Mr. Phil Pappas stated that this cost for this school is not a unique
problem in Frederick County but throughout the entire State. He further
stated as of last June all schools were being built for fifty seven dollars
and two cents ($57.02) per square foot and today the figure is coming in at
sixty five and seventy dollars ($65 and $70) a square foot. He went over
the informational sheet and explained to the Board members which items he
felt could be eliminated in an effort to reduce the cost of this school.
Mr. Throckmorton asked if this was a surprise or did the architect
know it was going to happen.
Mr. Pappas replied that it was a shock and if this project could have
been bid last June, it would not be necessary for him to have been at the
meeting.
Mr. Stiles questioned the cost on the treatment plant.
Dr. Walker stated that this exact figure cost has not come in yet.
Mr. Hott, Chairman of the School Board, appeared before the Board of
176
Mr. Stiles asked if it would have been simpler to purchase land that
would have perked.
Dr. Walker replied that there were not that many available sites and
none that would perk for an elementary school.
Mr. Stiles stated that this same problem has been around for the last
ten
(10) years.
The
Board
tells the
School Board how
much
they
will fund
and
that is the
bottom
line
and then
the School Board
comes
back
later for
more money.
Dr. Walker stated that he could appreciate Mr. Stiles' frustration but
the School Board is also frustrated about this need for additional funds.
Mr. Owings stated he was not surprised at this overrun and he felt the
County was committed to build this school and in reviewing the list pre-
sented by Mr. Pappas he felt that numbers four (4), five (5), nine (9) and
twenty one (21) could be eliminated.
It was the consensus of the Board that the time factor involved was
the main problem for if this bid could have been let at least a year ago,
these additional funds would not be needed.
Mr. Stiles asked who owned the plans once the school is built.
Mr. Pappas replied that the plans were theirs.
Mr. Stiles stated that he would strongly suggest that the School Board
in the future, when drawing up the contract with the architect, that it be
understood that the plans will be the property of the School Board once the
project is complete. He stated that he was not going to vote for seven
hundred fifty thousand dollars ($750,000) additional money and the School
Board would have to reduce this amount.
Mr. Throckmorton asked Dr. Walker if he would let the bid without a
firm committment from the Board on the seven hundred fifty thousand dollars
($750
Dr. Walker replied no, that they need a firm committment from the
Board before this bid can be let and he did not know of any other places
that any additional cuts could be made and he felt Mr. Owings' suggestion
earlier was a good idea.
Mrs. Maddox asked if the square footages could be reduced on these
schools in the future, that this calls for ninety eight (98) square feet
per pupil and asked if this is a State requirement.
Mr. Pappas replied approximately ninety (90) square feet is the
sewage.
177
Dr. Walker stated that the square feet in this building is at a mini-
mum.
Upon motion made by Will L. Owings and seconded by Thomas B. Throck-
morton, to approve the resolution for full funding of the contract price of
three million eight hundred thirty nine thousand dollars ($3,839,000) with
no cuts.
Mr. Owings amended his motion to a higher figure of four million four
hundred thirty nine thousand seven hundred thirty seven dollars
($4,439,737) which is to include everything.
Mr. Throckmorton seconded and stated that he felt some cuts could be
made.
Mr. Orndoff asked about the cost in the bids for furniture of one
hundred fifty thousand dollars ($150,000).
Dr. Walker stated that any good useable furniture would be salvaged
but most of it was pretty junky looking furniture.
Upon motion made by Robert M. Rhodes and seconded by Thomas B.
Throckmorton to amend the motion to read four million three hundred
thousand dollars ($4,300,000) to be paid by the Board of Supervisors for
this school construction project.
The above motion was passed by the following recorded vote: Aye -
Kenneth Y. Stiles, Will L. Owings, Robert M. Rhodes, Rhoda W. Maddox and
Thomas B. Throckmorton. Nay - C. William Orndoff, Jr.
On the motion to fund this school construction project at four point
three million ($4.3), Aye - Will is Owings, Robert M. Rhodes, Rhoda W.
Maddox and Thomas B. Throckmorton. Nay - Kenneth Y. Stiles and C. William
Orndoff, Jr.
Mr. Stiles requested the School Board to still look for areas that
cuts might be made as there is a possibility that a portion of this money
might be funded from the School Board's surplus from next year's Budget.
Upon motion made by Thomas B. Throckmorton, seconded by Will L. Owings
and passed unanimously, the resolution authorizing the issuance and sale of
one million six hundred ninety thousand dollars ($1,690,000) School Bonds,
Series of 1987A was approved.
Upon motion made by Will L. Owings, seconded by Thomas B. Throckmorton
and passed unanimously, the interest rate was set at a maximum of eleven
percent (11 %).
CITY OF WINCHESTER PLANNERS WANT TO MAKE WAYLAND DRIVE A
178
THOROUGHFARE LINKING IT TO THE HOSPITAL ENTRANCE
Mr. Rhodes stated that the above information had been printed in the
two local newspapers and he felt this should have been brought to the
County's attention since these are County roads and secondly, he is opposed
to it.
Mr. Stiles stated that he had spoken to the City Manager concerning
this and expressed his opposition to the City Planning Commission making
plans for County roads.
PUBLIC HEARING ON THE 1987 -1988 BUDGET
Mr. Riley stated that the proposed figures for the budget are:
55� per hundred for Real Estate tax
$4.25 per hundred for Personal Property tax
$4.35 per hundred for Machinery and Tools
$4.00 per hundred for Merchants Capital
There is no tax increase.
Mr. John Marker, from Back Creek District, appeared before the Board
to inquire about Land Use.
Mr. Patrick Madding, from Opequon District, appeared before the Board
opposing the Budget and stated that he felt there were places where cuts
could be made and that the County did not need two swimming pools and that
he was very opposed to his taxes being raised.
Mr. Stiles stated to Mr. Madding that based on the calculations Mr.
Madding had given, his taxes will be increased fourteen dollars ($14.00)
over what it was last year.
COMMISSIONER OF THE
Mr. Rudolph, Commissioner of the Revenue, appeared before the Board to
explain how the laws are set governing land use taxation. He stated that
it is based solely on productivity and his office was not allowed to make
any adjustments.
How land use was being applied to the Orchardist was also discussed.
Mr. Rudolph read the section of the Code (58.1 -3236) dealing with land use
taxation.
Mr. Stiles stated that it did not say that the Commissioner of the
Revenue had to use the figures only that he had to take their figures under
consideration.
Mr. Ambrogi stated that he would say it is only a recommendation, it
is not mandatory.
179
Mr. Stiles stated that if this was not submitted before October 1,
1986 then he would say you would be locked into using the figures of last
year. He stated that the Board could not tell Mr. Rudolph what to do.
Mrs. Maddox asked if they could request that Mr. Rudolph leave it at
seven hundred forty dollars ($740) and change it next year.
Mr. Rudolph stated that they already have the figure of one thousand
three hundred twenty dollars ($1,320) on the computer.
Mr. John Marker appeared before the Board to state that land use
taxation would be higher than the assessed value.
Mr. Paul Anderson, resident of Back Creek District and representative
of the Frederick County Farm Bureau, appeared before the Board to address
this and stated that this would place a financial burden on the agricultur-
al owners in Frederick County.
Dr. Gary DeOms, Extension Agent, appeared before the Board and referr-
ed to a range of one (1) to eight (8) given by the Commissioner of the
Revenue and
asked why
the Commissioner of the
Revenue could not go to the
lower part of
the range
or put all orchardists in
the same class.
Upon motion made by Robert M. Rhodes and seconded by C. William
Orndoff, Jr. that the Board's recommendation would be to value all at Class
6 if possible.
Dr. DeOms asked if land use changed each year and if so the
agricultural community needs to be informed.
Mr. Harry Renner appeared before the Board and stated that this would
be okay if it were all orchard, but some are part orchard and some part
open land, there is a mixture.
Mr. Stiles stated that a suggestion on this matter would be coming
from the Board.
Upon motion made by C. William Orndoff, Jr., seconded by Thomas B.
Throckmorton and passed unanimously, the public hearing on the 1987 -1988
Budget was closed.
S MONTGOMERY NEW ASSISTANT FINANCE DI
OARD
Mr. Riley introduced Ms. Doris Montgomery as the new Assistant Finance
Director to the Board.
PLANNING COMMISSION BUSINESS
NDITIONAL USE PERMIT #003 -87 OF MILFORD
180
A memorandum was given to the Board for their information. No action
was taken.
VACATION OF CONWAY STREET - STONEWALL MAGISTERIAL DISTRICT
Upon motion made by C. William Orndoff, Jr., seconded by Robert M.
Rhodes and passed unanimously, for the staff to work this out with Mr.
Henry and report back to the Board.
BOARD RETIRED INTO EXECUTIVE SESSION
Upon motion made by C. William Orndoff, Jr., seconded by Thomas B.
Throckmorton 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.
BOARD WITHDREW FROM EXECUTIVE SESSION
Upon motion made by C. William Orndoff, Jr., seconded by Thomas B.
Throckmorton and passed unanimously, the Board withdrew from Executive
Session.
BOARD RECONVENED INTO REGULAR SESSION
Upon motion made by C. William Orndoff, Jr., seconded by Thomas B.
Throckmorton and passed unanimously, the Board reconvened into Regular
Session.
EVALUATION OF COUNTY ADMINISTRATOR - APPROVED
Upon motion made by Thomas S. Throckmorton, seconded by Will L. Owings
and passed
unanimously, the
evaluation
of County Administrator,
John R.
Riley, Jr.,
was approved as
presented
with a salary of $52,500
effective
April 1, 1987.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY,
IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN UNTIL
APRIL 1, 1987, AT 12 :00 NOON, IN THE COUNTY ADMINISTRATOR'S
CONFERENCE ROOM.
an, Boardfo per isors Cl er Board of Supervi r
181.
An Adjourned Meeting of the Frederick County Board of Supervisors was
held on April 1, 1987, 12 :00 Noon, in the Conference Room in the County
Administrator's Office, 9 Court Square, Winchester, Virginia.
PRESENT Kenneth Y. Stiles, Chairman; Robert M. Rhodes; Rhoda W.
Maddox and Thomas B. Throckmorton. Lawrence R. Ambrogi, Commonwealth's
Attorney and Assistant School Superintendent Thomas Malcolm was also
present. Board Members Will L. Owings and C. William Orndoff, Jr. were
absent.
CALL TO ORDER
The Chairman called the meeting to order.
Received call from Mr. Harry Frazier, III of Hunton and Williams,
Richmond, Virginia, to offer interest rate of 6.34 %.
Upon motion made by Thomas B. Throckmorton, seconded by Robert M.
Rhodes and passed unanimously, to accept the interest rate of 6.34% on
Virginia Public School Bonds to be used in funding Gore /Gainesboro School.
STEPHEN F.
OWEN APPOINTED
AS ASSISTANT
COUNTY
ADMINISTRATOR
Upon motion
made by Thomas B.
Throckmorton,
seconded
by Robert M.
Rhodes and passed unanimously, Stephen F. Owen was appointed as the
Assistant County Administrator. He will start in his new position on April
27, 1987.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY,
IT WAS/-ORDERED THAT THE WARD OF SUPERVISORS ADJOURN.
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Erman B rd of u 1 rvisors C rk, Board of Sup visors