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April 22, 1987 Regular Meeting199 A Regular Meeting of the Frederick County Board of Supervisors was held on April 22, 1987, 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; 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 James R. Driscoll of the Burnt Factory United Methodist Church. ADOPTION OF AGENDA Mr. Riley requested that the Agenda be amended to include the follow- ing: 1. Correspondence concerning Parks and Recreation. 2. Salary increases to be discussed. 3. Resolution in honor of Judge Whiting. 4. Amendment to School Board resolution on VPSA. 5. Appropriational transfer request. 6. Introduction of Highway Department official. Mrs. Maddox requested time to discuss the current status of the animal shelter. Mr. Owings stated that one of his constituents would like to address the Board. Mr. Throckmorton stated that a few residents from Lakeside had re- quested to appear before the Board. Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the Agenda was adopted as amended. P. GOOD, VICE- CHAIRMAN, ELECTORAL BOARS Mr. John Good, Vice - Chairman of the County Electoral Board, appeared before the Board to address some of the issues regarding the manner in which the Electoral Board recently terminated Mrs. Marjorie Jenkins, Regis- trar and hired Peter Mowitt to fill this position. (Mr. Good's complete statement is on file in the County Administrator's Office.) Mr. Good addressed some seven issues that had been presented at the meeting on April 8, 1987 by Mrs. Ynez Hetland. He further stated that the Electoral Board's actions have been by unanimous vote and that they have more than adequate defense to all issues raised. �09 Mrs. Hetland, Chairman of the Republican Women, requested to address the Board. The Board agreed to hear Mrs. Hetland. Mrs. Hetland stated that she had been in contact with the State con- cerning the appointment by the local Electoral Board of a male to the Registrar position and she still felt that this appointment was discrimination. Mr. Stiles stated that there was not a great deal the Board of Super- visors could do in this situation due to the fact it is the Electoral Board's decision and the Board does not have the authority to alter their decisions. RESOLUTION HONORING JUDGE HENRY WHITING - APPROVED Mr. Riley read the following resolution: WHEREAS, Henry Hudson Whiting has served as a Twenty - Sixth Judicial Circuit Judge since May 15, 1980; WHEREAS, Judge Whiting has been a prominent member of the legal community since February, 1949; and WHEREAS, Judge Whiting has served the community with distinction and integrity for many years with timeless dedication and impartiality; NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, does hereby express its congratulations to Henry Hudson Whiting on his appointment to the Virginia Supreme Court. BE IT FURTHER RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia and the Common Council of the City of Winchester, Virginia provide office space for Judge Whiting in the Frederick -Wihchester Judicial Center; and BE IT FURTHER RESOLVED, that a true copy of this resolution be delivered to Judge Whiting. RESOLVED, this 22nd day of April, 1987. /s/ Kenneth Y. Stiles Kenneth Y. Stiles, Chairman /s/ Will L. Owings Will L. Owings, Vice - Chairman /s/ Robert M. Rhodes Robert M. Rhodes ATTEST: /s/ John R. Riley, Jr. John R. Riley, Jr., Clerk Board of Supervisors s s/ Th is B. Throckmo . Throckmorton /s/ C. William Orndoff, C. William Orndoff, Jr. Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, the above resolution was approved. BILL BUSH MAN, FROM THE VIRGINIA DEPARTME Dda W. Maddox W. Maddox AYS 20t Mr. Bushman, Resident Engineer with the Virginia Department of High- ways and Transportation, appeared before the Board to introduce Mr. Donnie Wilkins who will be replacing Norman Sparks, Highway Superintendent, as Mr. Sparks is being transferred to another district. UPDATE ON COUNTY ANIMAL SHELTER Mr. Riley stated that he was awaiting estimates on the structure that was being proposed and if it were determined that the construction of a new shelter would be feasible that it would be built where the shooting range currently is located. BE ADDED TO THE SANITATION Mr. Stiles requested that Mr. Riley amend the Articles of Incorpora- tion of the Sanitation Authority in order that one additional member might be added. R R RD FOR APPROVAL OF PRIORITY Dr. Kenneth Walker, Superintendent of Schools, appeared before the Board with a handout listing the reductions proposed for the new elementary school in the western section of the County (Gore /Gainesboro). Mr. Stiles asked Dr. Walker if he was requesting the Board of Super- visors to reinstate the $96,000. Dr. Walker replied yes. Mrs. Maddox asked why the cost of the building permit was different from the original amount. Dr. Walker replied that the School administration staff was made aware of the fact that Churches and public buildings ,do receive a lower rate. Mr. Owings stated that numbers 1 and 2 must be kept, is that correct? Dr. Walker replied that is correct. Upon motion made by Thomas B. Throckmorton and seconded by Rhoda W. Maddox, to approve the $97,777 as requested by the School Board. The above motion was denied by the following recorded vote: Aye - Will L. Owings, Rhoda W. Maddox and Thomas B. Throckmorton. Nay - Kenneth Y. Stiles, Robert M. Rhodes and C. William Orndoff, Jr. BOND REQUEST FOR SCHOOL BONDS SCHEDU Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, $490,000 for School bonds for the elementary school in the Core /Gainesboro area was approved. 2�3 The original request from the School Board was for $610,000, however this is being reduced by $121,000 which are the proceeds received from the sale of Middletown School property which was recently sold. Mr. Stiles requested that Dr. Walker inform the School Board that $100,000 will come from the School Board's surplus in June, 1987 which will reduce the bond amount needed. He stated that any additional funds that would be needed for this project over and above this amount would come from the School Board's budget. G7 AWARD OF $1.690.000 Upon motion made by Robert M. Rhodes, seconded by Rhoda W. Maddox and passed unanimously, the following School bond resolution was approved: WHEREAS, the County School Board of Frederick County, on the 25th day of January, 1985, presented to this Board an application addressed to the State Board of Education of Virginia for the purpose of borrowing from the Literary Fund $2,000,000 for the new School building in the Gainesboro /Gore area, to be paid in 20 annual installments and the interest thereon at 4 percent paid annually; WHEREAS, the County School Board has submitted a request to apply for Virginia Public School Authority bonds in the amount of $1,690,000 for the new School building; and WHEREAS, the County School Board has requested funds to purchase land on which to build the new School building; RESOLVED, that the application of the County School Board to the State Board of Education of Virginia for a loan of $2,000,000 from the Literary Funds is hereby approved and authority is hereby grante to said County School Board to borrow the said amount for the purpose set out in said application; FURTHER RESOLVED, that the County School Board is authorized to secure Virginia Public School Authority bonds in the amount of $1,690,000 for the new School building; and FURTHER RESOLVED, that the County School Board is authorized to purchase a tract of land on which to build the new School. The Frederick County Board of Supervisors will each year during the life of these loans, at the time they fix the regular levies, fix a rate of levy for Schools or make a cash appropriation sufficient for operation expenses and to pay these loans in annual or semiannual installments and the interest thereon as required by Law regulating loans from the Literary Fund and bonds secured through the Virginia Public School Authority. NDENCE FROM BOARD MEMBER THOMAS B. TH Mr. Throckmorton stated that he had written to Mr. Jones, Engineer /- 11 Director of the Sanitation Authority, regarding the sewage treatment in the Lakeside area that was causing great concern for both he and a number of his constituents. He further stated that he also had concerns about Mr. Jones' alleged statement at a recent Authority meeting with respect to his approval of development plans, and that his only reason for writing to Mr. 2013 Jones was to get answers to his questions and at no time was this intended to be a stone throwing contest. Mr. Throckmorton requested that Mr. Jones appear before the Board at this time to answer the questions as outlined in his correspondence of April 17. Mr. Jones appeared before the Board and read his presentation (a copy of which is on file in the County Administrator's Office). Mr. Jones first answered the five questions in Mr. Throckmorton's correspondence and then addressed the Authority's views on master development plans and plats under the provisions of Section 4 -1 -6 of the Subdivision Ordinance. He further stated that the Authority reviews the contents as set forth in the Zoning Ordinance, Section 6 -4 -3.1.8 for Residential Peformance districts and Section 6 -4 -4.1.3 for M -1 districts. These sections state the master development plan shall contain the proposed location and arrangement of all streets and utility systems. In closing, Mr. Jones stated that one may ask "Should the policy be changed to make approval of a master plan or plat an automatic guarantee or reservation of water and sewer capacity ?" He stated that his experience and judgement says no, the experience and judgement of the industry says no. He stated that to do so would not only be financially irresponsible in his view, but would be a serious disservice to the public by tying up a precious resource on terms and conditions beyond the power of government to correct. Mr. Stiles requested that the Authority provide the Board with updates from time to time in order that everyone involved may be kept abreast of what is going on. Mr. Jones addressed the question that had been raised concerning sew- age coming from manholes in Wakeland Manor. He stated that manholes are not tied into the system and any water coming from these manholes is service water. Mr. Stiles stated that he felt there was a need for a meeting in order that all legal aspects of this situation might be discussed. He further stated that he felt it could be resolved in a straight forward manner and that all comments needed to be uniform. He further stated that he felt action on the Parkins Mill Plant should have come to the Board about two years ago rather than a few weeks ago. HARRINGTON SMITH RESIDENT OF LAKESIDE ESTATES APPEARED BEFORE THE BOARD X04 Mr. Harrington Smith, resident of Lakeside Estates, appeared before the Board to express his concerns about the water and sewer problems in Lakeside and stated that he felt the lack of communications was the biggest problem. Mr. Smith went back a number of years citing the various problems that had been encountered by some of the residents of Lakeside. He further stated that he felt this current problem needed to be corrected immediately and that the Board needed to be made aware of all problems with water and sewer by the Sanitation Authority as soon as they occur and not let them build up as they have in this situation. Ms. Cathy McCarty, resident of Fredericktowne, appeared before the Board and stated that she is one of the residents of Fredericktowne that has had a problem with raw sewage. Mr. Stiles requested that Mr. Riley set up a meeting with necessary staff to address this entire matter as soon as possible. The question of illegal sump pump connections in the County was dis- cussed and referred to the Ordinance Committee for further discussion and recommendation. Mr. Throckmorton raised the question as to how this could be checked legally. 4RY INCREASES FOR EMPLOYEE'. Mr. Owings stated that the increase for County employees will be $400 cost of living effective July 1, 1987 and a 3% merit increase on the employee's anniversary. New employees will be evaluated after six months and all other employees once a year on their anniversary. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above was approved. TRANSFER FROM CONTINGENCY TO CAPITAL LINE ITEM - APPROVED Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, to transfer $4,000 from contingency line item to capital line item. K- WINCHESTER SERVICE There was no action taken on this request. REQUEST FROM SHENANDOAH COLLEGE - APPROVED 205 Mr. Riley stated that a request had been received from Shenandoah College to create an endowment fund with the purpose of the fund being to offset tuition cost for Frederick County students. Upon motion made by Will L, Owings, seconded by Robert M. Rhodes and passed unanimously, to approve the creation of an endowment fund for Shenandoah College. OF ELECTORAL BOARD TO ADVERTISE FOR Upon motion made by Robert M. Rhodes, seconded by Thomas B. Throck- morton and passed unanimously, a request from the Electoral Board to advertise for public hearing to change the Russell Precinct Polling place from the Mountain Falls Community Center to the North Mountain Volunteer Fire Hall was approved. EST FROM DENNIS J. SEABRIGHT. OUTDOOR Upon motion made by Thomas B. Throckmorton and seconded by Will L. Owings and passed unanimously, the request from Dennis J. Seabright, Out- door Adventures, Inc, for sewer connection for their retail store, located on Route 522 South in Delco Plaza was approved. PLANNING COMMISSION BUSINESS MEMORANDUM RE; CONDITIONAL USE PERMIT #003 -87 OF MILFORD S. AND BETHEL L. MATHISON It was noted that conditional use permit number 003 -87 of Milford S. and Bethel L. Mathison was withdrawn. QUARTERLY REPORTS Mr. Stiles stated that the Departmental Quarterly Reports were accept- ed as presented. 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 2 Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. ' Throckmorton and passed unanimously, the Board reconvened into Regular Session. EVALUATIONS OF PARKS AND RECREATION DIRECTOR AND FINANCE DIRECTOR - APPROVED Upon motion made by Thomas B. Throckmorton, seconded by Will L. Owings and passed unanimously, the evaluation of Finance Director, Barbara Ratcliff and Parks and Recreation Director, Needham S. Cheely, III, were approved as submitted. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WA ORDERED THAT 4TH BOARD OF SUPERVISORS ADJOURN. All 11W i man, Bo u s Gerk, Board of Supe isors