August 26, 1987 Regular Meeting276
A Regular Meeting of the Frederick County Board of Supervisor
was held on August 26, 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,
ViceChairman; 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 Layman Howard W. DeLoatche of
the Calvary Church of the Brethern.
ADOPTION OF AGENDA
Mr. Stiles stated that Tab T, Rezoning Application #016 -87 of
Lakeside Development Company, had been withdrawn.
Mr. Rhodes requested an Executive Session to discuss
personnel.
Mr. Orndoff requested that two items be added to the Public
Works Committee Report.
Upon motion made by Thomas B. Throckmorton, seconded by C.
William Orndoff, Jr. 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 May 13 and June 10, 1987 were approved as
submitted.
Upon motion made by C. William Orndoff, Jr., seconded by
Robert M. Rhodes and passed unanimously, the minutes of the regular
meeting of July 8, 1987 were approved as submitted.
Upon motion made by C. William Orndoff, Jr., seconded by
Thomas B. Throckmorton and passed unanimously, the minutes of the
special meeting of July 30, 1987 were approved as submitted.
UPDATE ON 250TH ANNIVERSARY FUND RAISING
Mr. Don Ratcliff, Chairman of the 250th Anniversary Committee,
appeared before the Board at this time to bring the Board up -to-
277
date on the calendar of events scheduled for the remainder of 1987
and the coming year.
Colonel James Wood appeared in full costume to invite all the
Board to the anniversary kick off party scheduled at Glen Burnie on
August 29.
COMMITTEE APPOINTMENTS - TABLED
The committee appointments were tabled until the next Board
meeting.
LANDFILL RATES TO INCREASE EFFECTIVE JULY 26, 1987 -
APPROVED
Mr. Steve Owen, Assistant County Administrator, stated that it
had been brought to his attention by the County Attorney's Office
that the rate increase at the Landfill could not be made
retroactive to July 1 as earlier thought by the Public Works
Committee, therefore he wanted to make the Board aware of this fact
and also have it reflected in the minutes.
RESOLUTION FROM THE CITY OF WINCHESTER RE: WATER AND SEWER
MAIN EXTENSION INTO FREDERICK COUNTY APPROVED
Mr. Stiles explained why this resolution was being presented
to the Board for their approval and that this would go into effect
when the Regional Treatment Plant goes on line.
Upon motion made by Thomas B. Throckmorton, seconded by C.
William Orndoff, Jr. and passed unanimously, the following
resolution was approved:
WHEREAS, the City of Winchester presently has a
policy, adopted January 13, 1976, and revised August 9, 1983,
prohibiting sanitary sewer extensions in Frederick County; and,
WHEREAS, with the completion of the new regional
wastewater plant sufficient capacity will be available for the City
to serve certain areas outside the Winchester City Limits, provided
said service area is approved by the Frederick County Board of
Supervisors.
NOW, THEREFORE, BE IT RESOLVED: the policy
prohibiting sanitary sewer extensions in Frederick County is
repealed, and the staff is directed to follow the following
procedures for water and sewer main extensions in Frederick County:
1. Any individual, developer, business or industry desiring
to extend water and sewer mains to serve property in Frederick
County must have written evidence from the Frederick County
Sanitation Authority that the Sanitation Authority does not intend
to serve the area for which City service is being requested.
2. The City staff will review the area to be developed to
determine the feasibility of providing service. Said review will
also address the impact of the development on the City's capacities
at its water plant and at the regional wastewater facility.
278
3. Each development will be considered on its own merit, wit
the staff making a recommendation for approval or disapproval to
the Utilities Committee. If the Utilities Committee vetoes the
request, the procedure is ended; approval of the extensions permit
movement to the next step.
The request for water and sewer main extensions is submitted,
by the individual, developer, business, or industry, to the
Frederick County Board of Supervisors. The Frederick County Board
must grant unconditional approval for the City to extend its mains
into the County.
5. If Frederick County approves the extension, the request
will be forwarded to the City Council for consideration.
Adopted by the Common Council on August 11, 1987.
RESOLUTION PROCLAIMING INTEREST IN AND COMMITTMENT TO
CONSTRUCTING A NEW REGIONAL JAIL BY THE CITY OF WINCHESTER
THE COUNTIES OF CLARKE AND FREDERICK - APPROVED
Upon motion made by Robert M. Rhodes, seconded by C. William
Orndoff, Jr. and passed unanimously, the following resolution was
approved:
WHEREAS, the City of Winchester and the Counties of
Frederick and Clarke desire to construct a new regional jail
(hereinafter "Jail ") to house approximately 150 inmates; and
WHEREAS, the Jail will cost approximately $6 million
to design, build and furnish; and
WHEREAS, the Commonwealth of Virginia, Department of
Corrections, is expected to make grant funds available to assist
with the financing of the Jail; and
WHEREAS, a statement of interest and committment is
required by the Commonwealth of Virginia from each local government
participating in the Jail project.
THEREFORE, BE IT RESOLVED, by the Common Council
of the City of Winchester and the Boards of Supervisors of
Frederick and Clarke Counties, in separate meetings duly assembled
as follows:
The City Manager of the City of Winchester and the County
Administrators of the Counties of Frederick and Clarke are hereby
authorized and directed by their respective governing bodies to
transmit an executed copy of this concurrent resolution to the
Commonwealth of Virginia to proclaim each local government's
interest in and committment to constructing a new regional jail
facility.
(A signed copy of this resolution is on record in the County
Administrator's Office.)
Mr. Stiles stated that this project would not be able to move
as quickly as was hoped in the beginning due to State Law and what
this Law requires of localities.
INDUSTRIAL DEVELOPMENT AUTHORITY RESOLUTION AND CERTIFI-
CATE - WINCHESTER WOODWORKING CORPORATION - APPROVED
Upon motion made by Thomas B. Throckmorton, seconded by C.
William Orndoff, Jr. and passed unanimously, the following
279
resolution and certificate of Winchester Woodworking Corporation
was approved:
WHEREAS, the Industrial Development Authority of the
County of Frederick, Virginia ( "Authority ") has considered the
application of Winchester woodworking Corporation ( "Company ")
requesting the issuance of the Authority's private activity bonds
in an amount not to exceed $2,500,000 ( "Bonds ") to assist in the
financing of the Company's acquisition, renovation, construction
and equipping of a manufacturing facility consisting of two
existing buildings and two buildings to be constructed, all such
buildings aggregating 80,000 square feet ( "Project ") to be located
on an approximately 8.67 acre tract of land on the West side of
State Route 728, approximately 200 yards South of Route 50, East of
Winchester, Virginia, in the County of Frederick, Virginia and has
held a public hearing thereon on July 29, 1987;
WHEREAS, Section 147(f) of the Internal Revenue Code
of 1986, as amended, provides that the governmental unit having
jurisdiction over the issuer of private activity bonds and over the
area in which any facility financed with the proceeds of private
activity bonds is located must approve the issuance of the bonds;
WHEREAS, the Authority issues its bonds on behalf of
the County of Frederick, Virginia ( "County "); the Project is to be
located in the County and the Board of Supervisors of the County of
Frederick, Virginia ( "Board ") constitutes the highest elected
governmental unit of the County;
WHEREAS, the Authority has recommended that the Board
approve the issuance of the Bonds; and
WHEREAS, a copy of the Authority's resolution approv-
ing the issuance of the Bonds, subject to the terms to be agreed
upon, a certificate of the public hearing and a Fiscal Impact
Statement have been filed with the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA:
1. The Board approves the issuance of the Bonds by the
Authority for the benefit of the Company, as required by Section
147(f) and Section 15.1 - 1378.1 of the Virginia Code, to permit the
Authority to assist in the financing of the Project.
2. The approval of the issuance of the bonds does not
constitute an endorsement to a prospective purchaser of the Bonds
of the creditworthiness of the Project or the Company.
3. Pursuant to the limitations contained in Temporary Income
Tax Regulations Section 5f.103 -2(f) (1), this resolution shall
remain in effect for a period of one year from the date of its
adoption.
4. The Board directs the County Administrator to request an
allocation from the State Reserve, as defined in Executive Order 28
(86), to cover the issuance of the Bonds.
5. This resolution shall take effect immediately upon its
adoption.
REQUEST FROM BEDFORD COUNTY BOARD OF SUPERVISORS FOR
It was the consensus of the Board that they share the concerns
of Bedford County but that Frederick County will make their own
response.
ME
APPLICATION FOR OUTDOOR FESTIVAL PERMIT - APPROVED
No one was present to represent this request.
Upon motion made by Thomas B. Throckmorton, seconded by Will
L. Owings and passed unanimously, the outdoor festival permit of
Herman May, Calvary Pentacostal Church of God, was approved with
conditions as outlined by the Planning Commission.
SET -OFF DEBT COORDINATOR - APPROVED
Upon motion made by Will L. Owings, seconded by Thomas B.
Throckmorton and passed unanimously, Esten Rudolph, Commissioner of
the Revenue, was designated as Set -Off Debt Collection Coordinator
for the coming year.
REQUEST FROM WINCHESTER MEDICAL CENTER FOR A CERTIFICATE OF
NEED - APPROVED
Upon motion made by C. William Orndoff, Jr., seconded by
Robert M. Rhodes and passed unanimously, the request from
Winchester Medical Center for a certificate of need for the
development of a sixteen bed inpatient adolescent treatment unit
was approved.
SHENANDOAH AREA AGENCY ON AGING'S PLAN FOR SERVICES FOR THE
1988 FISCAL YEAR - APPROVED
Dr. Mary Spencer, Executive Director of the Area Agency on
Aging, appeared before the Board to present their plan and answer
any questions the Board might have.
Mrs. Maddox inquired as to how individuals were made aware of
meals available to those that are home bound.
Dr. Spencer stated that there were various ways - hospitals,
doctors, neighbors, etc.
Upon motion made by Robert M. Rhodes, seconded by Thomas B.
Throckmorton and passed unanimously, the Shenandoah Area Agency on
Aging's Plan for Service for Fiscal Year 1988 was approved as
submitted.
PUBLIC HEARING
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 2
SAID ARTICLE SINCE THE NEED FOR THE WINCHESTER REGIONAL
AIRPORT COMMISSION NO LONGER EXISTS - APPROVED
There was no public input concerning this amendment.
J
Upon motion made by Robert M. Rhodes, seconded by C. William
281
IOrndoff, Jr. and passed unanimously, Article IV, of Chapter 2 of
the Frederick County Code was rescinded since the need for the
Winchester Regional Airport Commission no longer exists.
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 6,
BUILDINGS, TO ADD ARTICLE III, BUILDING MAINTENANCE CODE. THE
PROPOSED ORDINANCE WOULD ADOPT BY REFERENCE VOLUME II - "THE
BUILDING MAINTENANCE CODE" OF THE VIRGINIA STATEWIDE BUILDING
CODE FOR COMMERCIAL AND INDUSTRIAL BUILDINGS
Mr. Riley introduced Norman Crumpton of the State Building
Office at which time he appeared before the Board to explain how
and why this ordinance came into being. He stated that this became
Law on October 1, 1986 with the exception of barn structures and
that the County can only enforce this if the ordinance is adopted
by the Board.
Mr. Stiles noted that this does not include residential
structures.
Mr. Crumpton replied that is correct and this is only to
maintain the structure and not to alter the structure in any way.
Upon motion made by Thomas B. Throckmorton, seconded by Robert
M. Rhodes and passed unanimously, the following ordinance amendment
II was approved:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE,
CHAPTER 6, BUILDINGS, TO ADD ARTICLE III, BUILDING
MAINTENANCE CODE, TO READ AS FOLLOWS:
3 -1 BUILDING MAINTENANCE CODE - OFFICIAL ACTION
The Board of Supervisors for the County of Frederick,
Virginia, Department of Planning and Building is hereby
designated to act as the enforcing agency for the enforcement
of Volume II - "The Building Maintenance Code" of the Virginia
Uniform Statewide Building Code, duly adopted by the Virginia
Board of Housing and Community Development under authority of
36 -98 and 36 -103, Code of Virginia Enforcement shall be
according to the terms of this Ordinance.
3 -2 ENFORCEMENT
The enforcement procedures of Volume II - "The Building
Maintenance Code" shall be instituted by the Director of Code
Administration when a written complaint is filed with the
Director of Code Administration.
3 -3 APPEALS
The Frederick County Board of Appeals is hereby designated as
the Appeals Board to hear appeals arising from the application
of the provisions of Volume II - "The Building Maintenance
Code ".
3 -4 ADMINISTRATIVE PRACTICES
The Director of Code Administration shall establish such
procedures or requirements as may be necessary for
administration and enforcement of this Ordinance. The
procedures are to be approved by the Board of Supervisors.
282
3 -5 SEVERABILITY
Should any provision of this Ordinance be declared by the
Courts to be unconstitutional or invalid, such decision shall
not affect the validity of the Ordinance as a whole, or any
part thereof other than the part so declared to be
unconstitutional or invalid.
3 -6 EFFECTIVE DATE
This Ordinance shall become effective following the date of
its adoption.
SCHOOL BONDS - APPROVED
Upon motion made by Will L. Owings, seconded by Thomas B.
Throckmorton and passed unanimously, the resolution entitled
"Resolution Authorizing the Issuance and Sale of School Bonds of
Frederick County, Virginia, in the Maximum Amount of $490,000 to
the Virginia Public School Authority" was approved.
Upon motion made by Will L. Owings, seconded by Thomas B.
Throckmorton and passed unanimously, the resolution providing for
the issuance and sale of $390,000 School Bonds, Series of 1987B, of
Frederick County, Virginia, Heretofore Authorized and Providing for
the Form, Details and Payment Thereof was approved.
CONCURRENT RESOLUTION OF THE COMMON COUNCIL OF THE CITY
OF WINCHESTER AND THE BOARD OF SUPERVISORS OF FREDERICK
COUNTY TO AMEND THE ARTICLES OF INCORPORATION OF THE
FREDERICK- WINCHESTER SERVICE AUTHORITY
Upon motion made by Thomas B. Throckmorton, seconded by C.
William Orndoff, Jr. and passed unanimously, the following was
approved:
CONCURRENT RESOLUTION
WHEREAS, by concurrent resolution of the Common
Council of the City of Winchester (the City) and of the Board of
Supervisors of Frederick County (the County) and a certificate of
incorporation issued by the State Corporation Commission, pursuant
to the Virginia Water and Sewer Authorities Act (the Act), the
Frederick - Winchester Service Authority (the Authority) was
incorporated as a public body politic and corporate in 1974; and
WHEREAS, by concurrent resolutions of the Common
Council of the City and the Board of Supervisors of the County and
a certificate of Articles of Amendment issed by the State
Corporation Commission the Articles of Incorporation of the
Authority were amended in 1985; and
WHEREAS, the City and the County desire to amend
the amended Articles of Incorporation of the Authority concerning
members of the Board of Directors of the Authority;
NOW, THEREFORE, BE IT RESOLVED, by the Common
Council of the City of Winchester and the Board of Supervisors of
Frederick County, in separate meetings assembled that the Articles
of Incorporation of the Frederick - Winchester Service Authority be
amended.
25.3
AMENDMENT
This amendment adopted is that paragraph (f) of the amended
?articles of Incorporation, dated October I 1985 is deleted, and
the following is substituted therefore:
(f) The powers of the Authority shall be exercised by a Board
of seven (7) members, as follows:
(1) Three members appointed by the Common Council of the
City of Winchester; one for a term of one year; one for a term of
two years; and one for a term of three years.
(2) Three members appointed by the Board of Supervisors
of Frederick County; one for a term of one year; one for a term of
two years; and one for a term of three years.
(3) One member appointed by concurrent action of the
Common Council of the City and of the Board of Supervisors of the
County, who shall serve for a term of three years.
Following the terms set forth above, the successors shall be
appointed for terms of three years each by the respective governing
body or bodies. Any member may be removed by the governing body or
bodies appointing him, without cause. Vacancies shall be filled
only for the unexpired term. Members shall hold office until their
successsors have been appointed and qualified. Members shall be
eligible for reappointment to succeed themselves. Each member
shall serve without compensation, except that the member appointed
by concurrent action may, during the first term for such member, be
compensated not more than $1,800 per annum. Members may be
reimbursed for actual expenses necessarily incurred in the
performance of their duties.
This amendment does not effect a restatement of the Articles
of Incorporation.
BE IT FURTHER RESOLVED, that the Articles of
Incorporation, as amended in 1985 shall in all other respects
remain unchanged.
IN WITNESS WHEREOF, the Common Council of the City
of Winchester, Virginia, and the Board of Supervisors of Frederick
County, Virginia, have caused these Articles of Incorporation to be
( executed this day of , 1987.
(ATTEST:
/s/ John R. Riley, Jr.
John R. Riley, Jr.
Clerk, Board of Supervisors
/s/ Kenneth Y. Stiles
Kenneth Y. Stiles
Chairman, Board of
Supervisors
ATTEST:
( /s/ Patricia B. Ashby /s/ William M. Mote
Patricia B. Ashby William M. Mote
Clerk of Council President of Council
C. ROBERT SOLENBERGER REAPPOINTED AS CHAIRMAN OF THE
FREDERICK - WINCHESTER SERVICE AUTHORITY
Upon motion made by C. William Orndoff, Jr., seconded by
Robert M. Rhodes and passed unanimously, C. Robert Solenberger was
reappointed as Chairman of the Frederick - Winchester Service
Authority.
Mr. John Riley, County Administrator and Wellington Jones,
284
Engineer /Director of the Sanitation Authority, are to serve as
liaison members. Mr. Stiles and Mr. Throckmorton are to serve as
members.
PLANNING COMMISSION BUSINESS
ROAD PROFILE AND PLAN - LONGMEADOWS - APPROVED
Mr. Watkins, Planning and Development Director, presented thi
request and stated that the Planning Commission recommended
approval.
Upon motion made by Robert M. Rhodes, seconded by C. William
Orndoff, Jr. and passed unanimously, the road profile and plan of
Longmeadows was approved.
SUBDIVISION REQUEST - HFG PARTNERSHIP - APPROVED
Mr. Watkins presented this request and stated that the
Planning Commission recommended approval.
Mr. Ralph Gregory, Partner, appeared before the Board on
behalf of this request.
Upon motion made by Robert M. Rhodes, seconded by C. William
Orndoff, Jr. and passed unanimously, the subdivision request of
Partnership was approved.
PUBLIC HEARINGS
REZONING APPLICATION #012 -87 OF GEORGE B. WHITACRE -
GAINESBORO MAGISTERIAL DISTRICT - TABLED
Mr. Watkins presented this request and stated that the staff
and Planning Commission recommended denial. He stated that the
Highway Department would not permit an off premise sign at this
location.
Mr. Whitacre appeared before the Board on behalf of his
request and stated that he did not have anything new to add other
than what he had expressed at the previous meeting when the Board
tabled his request.
Mr. Roger Crosen, area resident, appeared before the Board and
stated that he would like to know exactly what type of business Mr.
Whitacre had planned for the area that he was requesting to be
rezoned.
Mr. Whitacre replied that this information had been submitted
on his application.
28
Mr. Throckmorton asked Mr. Whitacre what his thoughts were
about a partial rezoning.
Mr. Whitacre replied that he preferred not to do it that way.
The Board discussed this request at great length with
reference to amending the agricultural ordinance to reflect a
change in order that his sign might be erected on this acreage.
The Board decided that more detailed information was needed
from the Highway Department and that Mr. Riley would be in touch
with them within the next few days.
Mrs. Maddox asked what if Mr. Whitacre asked for a conditional
use permit and the Highway Department says no could he still
request a rezoning.
Mr. Stiles replied yes.
Upon motion made by Rhoda W. Maddox, seconded by Robert M.
Rhodes and passed unanimously, rezoning application number 012 -87
of George B. Whitacre was tabled.
REZONING APPLICATION #013 -87 OF GEORGE W. GLAIZE, JR. -
SHAWNEE MAGISTERIAL DISTRICT - APPROVED
Mr. Watkins presented this request and stated that the
Planning Commission had recommended approval.
Mr. Ben Butler, Attorney representing the petitioner, appea
before the Board at this time to answer any questions they might
have.
There was no opposition.
Upon motion made by Thomas B. Throckmorton, seconded by C.
William Orndoff, Jr. and passed unanimously, rezoning application
number 013 -87 of George W. Glaize, Jr., 817 Dutton Place,
Winchester, Virginia, to rezone 37.205 acres from A -2 (Agricultural
General) to RP (Residential Performance) for residential
development was approved. This property is located on Route 659
(Valley Mill Road) and is identified as Parcel 175 on Tax Map 55 in
the Shawnee Magisterial District.
REZONING APPLICATION #016 -87 OF LAKESIDE DEVELOPMENT
COMPANY - SHAWNEE MAGISTERIAL DISTRICT WITHDRAWN
Rezoning application number 016 -87 of Lakeside Development
Company was withdrawn.
REZONING APPLICATION #017 -87 OF EASTERN FREDERICK
DEVELOPMENT COMPANY - SHAWNEE MAGISTERIAL DISTRICT -
APPROVED
286
Mr. Watkins presented this request and stated that the
Planning Commission recommended approval but that it was not a
unanimous decision.
Mr. Ben Butler, Attorney and one of the owners, appeared
before the Board on behalf of this request.
There was no opposition to this request.
Upon motion made by Thomas B. Throckmorton, seconded by C. 11
William Orndoff, Jr. and passed unanimously, rezoning application
number 017 -87 of Eastern Frederick Development Company, 11 South
Cameron Street, P. 0. Box 2097, Winchester, Virginia, to rezone
131.368 acres from A -2 (Agricultural General) to RP (Residential
Performance) for residential building sites was approved. This
property is located on Route 659, about 1 1/4 miles East of
Winchester and is identified as Parcel 181 on Tax Map 55 in the
Shawnee Magisterial District.
REZONING APPLICATION #018 -87 OF BETTIE E. & WILLIS J.
WINSLOW - SHAWNEE MAGISTERIAL DISTRICT - APPROVED
Mr. Watkins presented this request and stated that the Planning
ission recommended approval.
Mr. Ben Butler, Attorney, appeared before the Board
senting this request.
Upon motion made by Thomas B. Throckmorton, seconded by C.
lliam Orndoff, Jr. and passed unanimously, rezoning application
r 018 -87 of Bettie E. and Willis J. Winslow, Route 1, Box
1440, Berryville, Virginia, to rezone 50.53 acres from A -2
(Agricultural General) to RP (Residential Performance) for
idential dwellings was approved. This property is located on
the East side of Route 656 (Greenwood Road) and is identified as
el 184 on Tax Map 55 in the Shawnee Magisterial District.
Mrs. Maddox requested that when developments are approved such
s the three tonight by the Board, that this information be
ubmitted to the School Board in order that they will have the --
rowth figures generated by rezonings and approved by the Board.
COMMITTEE REPORTS -
FIRE AND RESCUE COMMITTEE REPORT
Mr. Orndoff, Chairman of the Fire and Rescue Committee,
1287
presented the following report and stated that it was for
information only:
The Fire and Rescue Committee met on Monday, July 20, 1987, ati
7:30 P.M., in the Reynolds Store Fire Company facility. All fire
companies were present. Also in attendance were Board member C.
William Orndoff, Jr.; County Administrator John R. Riley, Jr.; and
Assistant County Administrator Stephen F. Owen.
Draft Emergency Operations Plan (EOP)
The draft EOP was tabled until the Committee's September
meeting to allow more time for review. John Riley advised the
Committee that Homer Sanders had reviewed the draft EOP and advised
that it was well done. Mr. Riley also advised that the Virginia
Department of Emergency Services will assist with a table top
exercise to test the EOP.
Fire Programs Fund
John Riley advised the Committee that Frederick County's Fire
Program's fund allocation will be $31,419.65 this year. The
Committee briefly discussed the safety equipment needs of each
company and then referred the matter to the Fire Chief's meeting
for further discussion.
Training Announcements
Steve Owen reported that courses on Hazardous Materials and
(Swiftwater Rescue were available through the State and encouraged
the fire fighters to take advantage of these and any other training
lopportunities.
Enhanced 911 System Update
John Riley reported that an ad hoc committee was being formed
to review the two proposals received to enable the Enhanced 911
System to function properly. Perry Silva volunteered to represent
the Fire and Rescue Committee on the ad hoc committee.
General Liability Insurance
It was reported that there is a $1,254 difference between the
County's budgeted amount for general liability insurance ($9,500)
and the actual insurance bill which is in the amount of $10,754.
The Committee voted unanimously to request that the Finance
Committee recommend to the Board of Supervisors that a supplemental
appropriation for $1,254 be made to cover the full bill.
C4 4 TOZO]
Site Plan Problems
The Committee brought to John Riley's attention several
concerns they had with the Fire Companies' review of site plans fox
fire safety comments. John Riley explained the County's site plan
review procedures which clarified the matter.
PUBLIC WORKS COMMITTEE REPORT
Mr. Orndoff, Chairman of the Public Works Committee, presentedil
the following report and stated that it was for information only:
The Public Works Committee met on Monday, August 3, 1987
11:00 A.M., in the Old Courthouse Conference Room. Present were
Board members c. William Orndoff, Jr. and Will L. Owings; Committe
members Col. (Ret.) W. Wayne Miller and Keith A. Tubandt; County
Administrator John R. Riley, Jr.; Assistant County Administrator
Stephen F. Owen; Animal Control Officer Harold D. Whitacre; and
citizen S. A. Stickley.
The following items were discussed, however, none require
Board action at this time.
Abandoned Vehicle Program
Steve Owen advised the Committee that the County's ordinances 11
for abandoned vehicles do not need to be amended to accommodate
this program. The Committee directed staff to make the program
strictly voluntary and to proceed with requesting bids from private
wrecker firms.
Old Courthouse Air Conditioning System
Steve Owen advised the Committee that the air conditioning
system in the Old Courthouse (downstairs) is badly undersized and
reviewed a recently obtained estimate to supplement the system.
The Committee directed staff to obtain quotes on a new air
conditioning and heating system for the entire building.
S. A. Stickley's Land Swap Proposal
A proposal from S. A. Stickley to trade his home site next to
the landfill for a nearby County owned parcel was taken under
advisement by the Committee until more information on land values
in the area can be obtained by staff.
Landfill Equipment
The Committee briefly discussed the condition of the landfill
289
--ompactors and directed staff to look into ordering a new
transmission for the Bomag.
Assistant Animal Control Officer Interviews
Following interviews with three candidates for Assistant
Animal Control Officer, the Committee directed staff to offer the
position to Ronald David Dehaven.
Compactor/Container Site Consolidation
The Committee agreed with staff's recommendation to obtain
compactor site development cost information for the existing
Gainesboro, Shawneeland and Relief container site locations, as
well as for the White Hall area.
Monthly Landfill Tonnage Report
See Attachment 1.
Monthly Animal Control Report
See Attachment 2.
Compactor Site Re2aving Invoice - Albin Conta Site
Upon motion made by C. William Orndoff, Jr., seconded by Will
L. Owings and passed unanimously, a supplemental appropriation to
line item 10 -4203- 3004 -03 refuse collection in the amount of $5,000
to cover recent expenses incurred in repaving the Albin trash
container site was approved.
Landfill Compactor Bids
Upon motion made by C. William Orndoff, Jr., seconded by Will
L. Owings and passed unanimously, staff was authorized to proceed
(with placing the order for the Catapiller 826 and continue to
linvestigate financing terms was approved.
LAW ENFORCEMENT AND COURTS COMMITTEE REPORT
Mr. Rhodes, Chairman of the Law Enforcement and Courts
(Committee, presented the following report and stated that it was
for information only:
The Law Enforcement and Courts Committee met on Thursday,
August 6, 1987, 10:00 A.M., in the Old Courthouse Conference Room.
Present were Board members Robert M. Rhodes and Rhoda W. Maddox,
Committee members Larry P. Coverstone and Charles R. McIlwee;
Sheriff Roscoe L. Bruce, Administrative Assistant John Liggett;
staff member Patty Johnson; County Administrator John R. Riley,
290
Jr.,; and Assistant County Administrator Stephen F. Owen. The
Committee submits the following items, however, none require Board
action at this time.
Enhanced 911
John Riley reported on the City of Winchester's appointees to
the Ad Hoc Committee set up to study the two proposals that would
supplement the 911 emergency system. The Committee will meet
within the next several weeks. He also noted that C &P Telephone
had already collected $68,000 for the system through its customers.
Regional Jail
John Riley advised the Committee that local governments in
Virginia are not allowed to use the design -build method of project
construction. He further advised that a Request for Proposals had
been advertised for conventional architectural services, which are
due on August 27.
Mobile Radios
Captain Liggett reported on recent high band tests performed
Iby Motorola to check for "dead spots" and interference. He noted
that the tests were taped onto a cassette. The Committee directed
staff to obtain quotes from General Electric on mobile radios also.)
Mobile Offices
Steve Owen reported that bids had been requested on a couple
of mobile dormitory units that could be used to house trustees at
the jail, thereby helping to alleviate some of the overcrowding.
Captain Liggett suggested that Camp 7 might be a better location
for such units. Staff will report back with more information on
this matter at the next meeting.
PERSONNEL COMMMITTEE REPORT
Mr. Throckmorton, Chairman of the Personnel Committee,
presented the following report:
The Personnel Committee met at 4:30 P.M. on Wednesday, August
12, 1987, in the County Administrator's Office. Present were Board
members Thomas B. Throckmorton and Will L. Owings; Committee
members Lt. Col. (Ret.) James L. Longerbeam and Clarence L. Hunter;
County Administrator John R. Riley, Jr. and Assistant County
Administrator Stephen F. Owen.
The Committee submits the following for Board action:
29?
Evaluation of Information Services Director
The Committee recommends Board approval of Mr. Charles B.
Tyson's evaluation, which is enclosed separately (Executive Sessi
discussion recommended).
Salary Amendment for Sheriff's Department Positions
The Committee recommends Board approval of the proposed pay
ladjustments for Sheriff's Department personnel which is also
enclosed separately (Executive Session discussion recommended).
Part -Time Gypsy Moth Assistant
The Committee recommends Board approval of a part -time gypsy
moth assistant to help with this Fall's egg mass surveys.
Upon motion made by Thomas B. Throckmorton, seconded by Will
L. Owings and passed unanimously, the above recommendation was
approved.
FINANCE COMMITTEE REPORT
Mr. Owings, Chairman of the Finance Committee, presented the
following report:
11 The Finance Committee met on Wednesday, August 12, 1987. All
11 members were present.
The following items require Board action:
General Fund, Landfill, Northwest Regional Jail, Court
Services and Central Stores Outstandina Purchase Orders -
General Fund, Landfill, Northwest Regional Jail, Court
Services and Central Stores outstanding purchase orders at 6 -30 -87
in the amount of $47,512.06. It is requested the Board appropriate
the outstanding encumbrances at 6- 30 -87. A list is attached. The
Committee recommends approval.
Upon motion made by Will L. Owings, seconded by Robert M.
Rhodes and passed unanimously, the above recommendation was
approved.
School Operating Fund and School Textbook Fund Out-
- standing Purchase Orders - Approved
School Operating Fund and School Textbook Fund outstanding
purchase orders at 6 -30 -87 in the amount of $273,756.71. The
School is requesting the Board appropriate the outstanding
encumbrances at 6- 30 -87. A list is attached. The Committee
recommends approval.
29z
The above was approved by the following recorded vote: Aye -
Will L. Owings, Robert M. Rhodes, Rhoda W. Maddox and Thomas B.
Throckmorton. Nay - Kenneth Y. Stiles and C. William Orndoff, Jr.
Mr. Stiles requested that Dr. Walker appear before the Board
at this time. He questioned Dr. Walker about the large number of
purchase orders that came in at the end of the year and why this
was necessary as there were a lot more than any previous year.
Dr. Walker stated that a lot of the purchase orders could not
be done until the end of the year as it was not known until then if
the funds would be available.
Mr. Malcolm appeared before the Board and stated that a lot of
these projects are planned in advance, but the money could not be
expended until the end of the year as they have to see if the funds)
are available.
Mr. Stiles asked Dr. Walker if work had started up again at
Ridge Campus on the athletic fields.
Dr. Walker replied yes as they were trying to get the project
completed.
Mr. Stiles stated that it had been some two years since the
Board authorized funding on this project.
Dr. Walker replied that they had had problems with getting the
contractor to do the work as it should be done and they are holding
funds until it is done correctly.
Request from Parks and Recreation for a General Fund
Supplemental Appropriation of 3,500.00 for the Bluemont
Concert Series and Shenandoah Arts Council - Approved
Parks and Recreation is requestng a general fund supplemental
appropriation of $3,500.00 for the Bluemont Concert Series and
Shenandoah Arts Council. This represents the State matching grant.
No additional local funds are required. The Committee recommends
approval.
Upon motion made by Will L. Owings, seconded by Robert M.
Rhodes and passed unanimously, the above recommendation was
approved.
Supplemental Appropriation for Constitutional Officer's
Salaries - Approved
Attached is a schedule requesting a general fund supplemental
293
appropriation of $18,623.85 for FY 86 -87 and $19,026.03 for FY
87 -88 for Constitutional Officer's salaries. The Committee
recommends approval.
Upon motion made by Will L. Owings, seconded by C. William
Orndoff, Jr. and passed unanimously, the above recommendation was
approved.
Request from County Administrator for Escrow Account for
Two Highway Funding Projects - Tabled
Attached is a memo from the County Administrator concerning
two highway funding projects. He is requesting that an escrow
account be set up in the amount of $300,000, payable to the State,
to guarantee funding of a new industrial access road from Route 522
South to the Airport. These funds are recovered by the
Commonwealth if an industry does not locate on the property within
two years after completion of the road. The Committee recommends
approval with the condition that the County obtain an irrevocable
letter of credit from the landowner (Note: The request for the
extension of the access road at Sherando Park was withdrawn.)
The above request was tabled.
Request from the School Board for School Operating Fund
Supplemental Appropriation - Approved
Attached is a request from the School Board for school
operating fund supplemental appropriation in the amount of
$47,376.49. No local funds are required. The Committee recommends
approval.
Upon motion made by Will L. Owings, seconded by Robert M.
Rhodes and passed unanimously, the above recommendation was
approved.
Request for Part -Time Gypsy Moth Assistant - Approved
Attached is a request for a part -time Gypsy Moth Assistant.
The funds for this position are to come from the $45,000 budgeted
for the Gypsy Moth program. The Committee recommends approval.
Upon motion made by Will L. Owings, seconded by Robert M.
Rhodes and passed unanimously, the above recommendation was
approved.
Tax Relief for the Elderly and Handicapped - Approved
lAt the Board's request, a study was made of the Tax Relief for the
�QA
Elderly and Handicapped system. Attached is a memo addressing
findings and recommendations. It is requested that the matrix for
figuring tax relief be abolished and a table using income ranges be
adopted. It is also requested that tax relief be allowed for
individuals whose income does not exceed $16,000. The Committee
recommends approval.
Upon motion made by Will L. Owings, seconded by Robert M.
Rhodes and passed unanimously, the above recommendation was
approved.
Courthouse Complex Fund - Approved
The courthouse complex fund has a balance of $51,233.98. At
the request of the auditor I am requesting that retroactive action
be taken to return these funds to the general fund. Twenty five
thousand dollars has already been designated for computer equipment
at the Judicial center leaving a balance of $26,233.98. The
Committee recommends putting the $26,233.98 into the administration
renovation capitaal project fund for the renovation of the Penney's
building.
Upon motion made by Will L. Owings, seconded by Robert M.
Rhodes and passed unanimously, the above recommendation was
approved.
Virginia Association of Counties - Approved
Attached is a bill from the Virginia Association of Counties
for 1987 -88 dues. The County Administrator wants direction from
the Committee as to whether the County should continue to be a
member of VACo. An appropriaton transfer from operating
contingency in the amount of $90.00 will need to be made if the
dues are approved since the bill is $90.00 more than was budgeted.
The Committee recommends renewing the dues and approval of the
appropriation transfer.
Upon motion made by Will L. Owings, seconded by C. William
Orndoff, Jr. and passed unanimously, the above recommendation was
approved.
Request from Parks and Recreation for a Park Pool Fund
Supplemental Appropriation - Approved
Request from Parks and Recreation for a park pool fund
295
supplemental appropriation in the amount of $21,535 for costs
involved in the pool fund raising effort. This amount was approved
during FY 1985 -86. Since the pool fund raising didn't get off of
the ground during FY 1986 -1987 this amount is now being requested
as carryover. The Committee recommends approval of $13,100.00. If
more money is needed once the campaign gets off the ground the
fundraising committee can present their request to the Finance
Committee.
Upon motion made by Will L. Owings, seconded by Robert M.
Rhodes and passed unanimously, the above recommendation was
approved.
Request from Assistant County Administrator for a Land-
fill Fund Supplemental Appropriation - Approved
The Assistant County Administrator is requesting a landfill
fund supplemental appropriation in the amount of $5,500.00 for the
purchase of computer hardware and software. This purchase was
approved during FY 1986 -87, however since the purchase was not made
the funds are now being requested to be carried forward. The
Committee recommends approval.
Upon motion made by Will L. Owings, seconded by Robert M.
Rhodes and passed unanimously, the above recommendation was
approved.
Request from Assistant County Administrator for a General
Fund Appropriation Transfer for Accident and Health
Insurance for the Fire Companies - Approved
The Assistant County Administrator is requesting a general
fund appropriation transfer from operating contingency in the
amount of $1,254.00 for accident and health insurance for the fire
companies. A total of $9,500 was budgeted, however the amount of
the bill is $10,754.00. The Committee recommends approval.
Upon motion made by Will L. Owings, seconded by Robert M.
Rhodes and passed unanimously, the above recommendation was
approved.
Taxing Status of the Penney's Building - Approved
Attached is a letter from the City Assessor concerning the
taxing status of the Penney's building. A general fund
appropriation transfer from operating contingency is requested in
296
the amount of $2,703.75 for 1987 taxes. The Committee recommends
approval.
Upon motion made by Will L. Owings, seconded by Robert M.
Rhodes and passed unanimously, the above recommendation was
approved.
Request from the School Board for a School Operating
Fund Supplemental Appropriation for Six Computers and
Printers - Approved
Attached is a request from the School Board for a school
operating fund supplemental appropriation in the amount of
$9,500.00 for six computers and printers for the James Wood High
School Science Department. The Committee recommends approval.
The above was approved by the following recorded vote: Aye
Will L. Owings, Robert M. Rhodes, Rhoda W. Maddox and Thomas B.
Throckmorton. Nay - Kenneth Y. Stiles and C. William Orndoff, Jr.
Mr. Stiles asked if this could not come out of this year's
budget.
Dr. Walker replied that there was not any excess in the
budget, therefore their need to make this request.
Mr. Stiles stated that he did not agree with that statement.
He further stated that the School Board had $1,750,000 more in
local funds this year than last year and he could not understand
how Dr. Walker could say there was no excess.
Request from the School Board for a School Operati
Fund Supplemental Appropriation for Audit Expenses
in Connection with FICA Recovery - Approved
Attached is a request from the School Board for a school
operating fund supplemental appropriation in the amount of
$3,819.67 for audit expenses incurred in connection with FICA
recovery. No additional local funds are required. The Committee
recommends approval of the supplemental appropriation. The
Committee also recommends that the difference between one half of
the $45,478.62 recovered and the $3,819.67 go into the general fund
and not the school fund.
Upon motion made by Will L. Owings, seconded by C. William
Orndoff, Jr. and passed unanimously, the above recommendation was
approved.
Request from School Board for an Appropriation Transfer
in the Amount of $133,663.00 - Denied
297
Request by School Board for an appropriation of $133,663 from
lunobligated 1986 -87 school funds to fill urgently needed staff
1positions as follows:
1 Special Education Teacher $ 23,697
1 Assist. Principal (Elem.) 37,130
1 Guidance Counsellor 25,442
1 English as a Second
Language Teacher 23,697
1 Music Resource Teacher 23,697
$133,663
This request did not go to the Finance Committee as it was
late going to Mr. Riley's office.
Dr. Walker appeared before the Board to explain this request.
Mr. Stiles asked if this would be an ongoing expense as far as
salaries, etc.
Dr. Walker replied yes.
Mr. Tom Malcolm appeared before the Board to further address
the need for these positions. In doing so he stated that Special
Education continues to grow and grow and with some 925 students
expected at Bass Hoover, the Assistant Principal would be placed
there. He further stated that the Guidance Counselor is required
by Law as each Counselor can only have so many students. An
English Teacher needs to provide for eight non - speaking students
currently enrolled within the system and this would eventually be a
full time position. The Music Resource Teacher is provided for
grades K -5.
Mrs. Maddox asked if this total included fringes.
Dr. Walker replied yes.
Mr. Stiles stated that he felt this should be taken out of the
current budget rather than the carry forward funds and that basic
aid would increase due to the increase in total enrollment.
Mr. Throckmorton stated that it concerned him that the School
Board might be back before the Board depending on what the
enrollment might be on September 8.
Mr. Malcolm replied that there was no real way for the School
Board to know what the enrollment figure would be until September
M
Mr. Throckmorton asked Mr. Malcolm why the School Board did
not wait to see what the enrollment actually was, then make their
request.
2 0 Q
Mr. Malcolm replied that they already knew about the Special
Education and English Teachers.
Dr. Walker stated that the Assistant Principal is the only
they would hold off on.
Mr. Throckmorton moved and the Board concurred that this come
out of the School Board's current year's budget.
The following items are for information only:
1. Attached is a memo from Ms. Mary Jane Light, Chairman of
the Rural Preservation Committee, a committee of the Winchester -
Frederick Historical Society. Ms. Light is requesting endorsement
and support from the Board of Supervisors for a historical,
architectural and archeological site survey for Frederick County.
The amount of local contributions that will be necessary to fund
this project is uncertain at this time.
2. Attached is a copy of an economic analysis of Travel in
Virginia 1986 provided by Mr. Patrick A. McMahon, Director of
Tourism. THis report is for your information only.
3. Attached is a program financial summary report prepared
the Parks and Recreation Department. The Finance Committee had
requested this report at the completion of the Spring Fever
Biathlon.
4. Attached is a School Debt schedule for FY 1987 -1988.
5. Attached is a memo from the County Administrator in
reference to the Sanitary District.
BOARD RETIRED INTO EXECUTIVE SESSION
Upon motion made by Thomas B. Throckmorton, seconded by C.
William Orndoff, Jr. and passed unanimously, the Board retired into
Executive Session in accordance with Virginia Code, 1950, as
amended, Section 2.1 -344, Subsection A (1) and (6) to discuss
Personnel and Legal matters.
BOARD WITHDREW 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
299
Thomas B. Throckmorton and passed unanimously, the Board reconvened
into Regular Session.
EVALUATION OF INFORMATION SERVICES DIRECTOR, CHARLES
B. TYSON, JR. - APPROVED
Upon motion made by C. William Orndoff, Jr., seconded by
Thomas B. Throckmorton and passed unanimously, the evaluation of
Charles B. Tyson, Jr., Information Services Director, was approved
as submitted.
SALARY ADJUSTMENTS APPROVED IN THE AMOUNT OF $5,600 FOR
SHERIFF'S DEPARTMENT PERSONNEL
Upon motion made by Thomas B. Throckmorton, seconded by C.
William Orndoff, Jr. and passed unanimously, salary adjustments in
the amount of $5,600 for Sheriff's Department personnel were
approved.
This is retroactive to July 1, 1987 and is to come from
existing salaries line item.
CITIZENS NAMED TO SHAWNEELAND SANITARY DISTRICT
ADVISORY BOARD
The following citizens were appointed to the Shawneeland
Sanitary District for a two year term:
M Mrs. Jack Black, Mrs. Mabel M. Crown, Mr. Robert S. Hartman,
Mr. Harry M. King, Mrs. Peg Mooney, Mr. Carl Pohl, Mr. Edward Rich,l
Mr. Frank L. Roe, Jr. and Mr. William L. Still.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY,
IT KI S ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN.
V aa'lrmAn, o of Supervisors C1 k, Board of Su-_r_ ervisors