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HomeMy WebLinkAboutJuly 09, 1986 Regular Meeting1 A Regular Meeting of the Frederick County Board of Supervisors was held on July 9, 1986, at 7 :30 P.M., in the Board of Supervisor's Meeting Room, Frederick County Courthouse, Winchester, Virginia. PRESENT Kenneth Y. Stiles, Chairman; Will L. Owings, Vice - Chairman; Robert M. Rhodes; Thomas B. Throckmorton and C. William Orndoff, Jr. Rhoda W. Maddox was absent. CALL TO ORDER Mr. Owings, Vice- Chairman, called the meeting to order as Chairman Stiles was unable to be present at the start of the meeting. INVOCATION The invocation was delivered by the Reverend David Knight of the Christ Episcopal Church. ADOPTION OF AGENDA Mr. Riley stated that he had an item for information at the end of the Committee Reports. APPROVAL OF MINUTES Upon motion made by Thomas B. Throckmorton, seconded by C. William a Orndoff, Jr., and passed unanimously, the minutes of the Regular Meeting of April 9 1986 were approved as submitted. Upon motion made by C. William Orndoff, Jr, seconded by Thomas B. Throckmorton and passed unanimously, the minutes of the Regular Meeting of April 23, 1986 were approved as submitted. It was noted that in the minutes of the Regular Meeting of May 14, 1986, Page 3, the second paragraph, it should read "Mr. Roger Crosen, Past President ". Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the minutes of the Regular Meeting of May 14, 1986 were approved as amended. Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, the minutes of the Regular Meeting of May 28, 1986 were approved as submitted. Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the minutes of the Regular Meeting of June 10, 1986 and the Special Meeting of June 25,, 1986 were approved as submitted. NANCY WALSH NOMINATED TO SERVE ON THE SCHO, N Mr. Throckmorton placed the name of Nancy Walsh in nomination as the School Board representative from Shawnee District. This will be voted on at the second Board Meeting in August. DR. JAMES REAPPOINTED TO THE Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr, and passed unanimously, Dr. James S. Wiedower was reappointed to the Lord Fairfax Emergency Medical Services Council, said term to expire June, 1989. APPOINTMENT TO SHENANDOAH AREA AGENCY ON AGING TABLED Mrs. Maddox had indicated earlier that she has someone interested in serving on this Committee. JR. APPOINTED TO NAMES COMMITTEE Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, F. W. Welsh, Jr. was appointed to the Road Names Committee as a representative from Opequon District. R. MARY SPENCER APPEARED BEFORE THE BOARD _RE: Dr. Spencer appeared before the Board to answer any questions the Board might have on the Agency's Plan for Service. She stated that the Plan had not been increased nor had it been decreased inasmuch as the amount that had been deleted by the Federal Government had been picked up by the State Government. Upon motion made by Thomas B. Throckmorton, seconded by Robert M. Rhodes and passed unanimously, the Area Agency's Plan for Service was approved as presented. CA N OF JULY 23 AND AUGUST 27 BOARD MEETING '�.: l" l" 4' l' �Pi' 1111" ltt�l�lt'l��'Yl1�l�'lt'l�el'l! l l'l'Y' 6111' 1"@ 111'l'l�.'\1'1'l"l'1�t1'Z�.�l"l Following Board discussion, it was decided that the second Board Meet- ing in July (23rd) and the second Board Meeting in August (27th) would be cancelled. Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, the second Board Meeting in July (23rd) and the second Board Meeting in August (27th) was cancelled. GYPSY MOTH COORDINATOR ADDRESSED THE BOARD '11'l'l'lYl''1'l"'l'ZYYI�l 11' 1" l" lt' 1 'l'l'l'l"l^'11111- 11'l'Y11�11�1 Mrs. Jennifer Bean, Gypsy Moth Coordinator, appeared before the Board to bring them up to date on the Gypsy Moth Program in the County explaining what had taken place in the last few months in various sections of the 3 County, mostly the Western portion, and what she felt the Board needed to do to prepare for next year, and that the total cost for the overall program this year was $38,000. The Chairman arrived at this time. AIRPORT RESOLUTION - APPROVED AS AMENDED �C1111' 11' l' 1' R11'lltl'1111111111�1"Cl'l'l' 111 "l'1'1'l�l'lt'l"l'Z'l'l'l'l'l� Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, to create a Committee to pursue the formation of an Airport Authority with the understanding that the County intends to exercise its ninety day (90) notice provision for withdrawal if substantial progress is not made toward the formation of an Authority. Mr. Stiles stated that appointments to this Committee will be made at the next Board meeting. WHEREAS, the Board of Supervisors of Frederick County, Virginia, the Board of Supervisors of Clarke County, Virginia, and the Common Council of the City of Winchester, Virginia currently intend to re- establish the Winchester Regional Airport Commission under a new agree- ment; and WHEREAS, the localities are interested in exploring the creation of an Airport Authority to operate the Regional Airport as a successor to the Regional Airport Commission; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Frederick, Virginia that the County agrees to participate in the creation of a study committee for the following purposes, under the following terms: 1. The committee shall be composed of two members from the City of Winchester; two members from Frederick County; one member from Clarke County; one member from Shenandoah County; and one member from Warren County; provided that Shenandoah and Warren Counties shall be represented only upon either or both Counties' Board of Supervisors agreeing to partici- pation in the study committee by adoption of resolutions consistent here- with. 2. The committee shall file a report to the participating jurisdic- tions on or before February 1, 1987. 3. Said report shall review and make recommendations concerning the following: a. The manner of the creation of such Authority: b. The proposed composition of the directing board of such Authority: c. The manner of acquisition of property of the participating jurisdictions, especially the City of Winchester, upon the creation of the Authority: d. The financial relationship of the Authority with the participating jurisdictions during the existence of the Authority; e. The disposition of funds upon a dissolution of the Authority, and the financial obliga- tions of the jurisdictions upon such dissolu- tion; f. The powers and duties of the Authority; N g. A proposal for the financial management of the Airport by such an Authority; and h. Other matters agreed to be reported on by the members of the study committee. 4. The Board does hereby direct the departments of the County to cooperate with and assist the committee in the preparation of the report and recommendations to be made by the committee. Done this 9th day of July, 1986. Mr. Throckmorton questioned the wording in the last paragraph and whether or not the word "maximum" needed to be added as the City could raise the amount and with this being worded as it is the County would have to fund the same amount. Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, to insert the word "maximum" amount of $27,950 as County's contribution for the year. VIRGINIA AYS AND TRANSPORTAT Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings and passed unanimously, the request of the Virginia Department of Highways and Transportation to temporarily close Route 669 between Route 11 and Route 671 to through traffic was approved. EST FROM COUNTY OF WASHINGTON BOARD OF SUPERVISORS - The Board of Supervisors of the County of Washington, Abingdon, Virginia, requested the Frederick County Board of Supervisors to pass a resolution allowing members of governing bodies of localities to vote upon School budgets and appointments to School Boards. This was acted upon by this Board at an earlier meeting and they do feel there is a conflict of interest. The Washington County Board of Supervisors will be notified of the Board's decision on this matter. EZ 12-86 OF ROY A. CATHER - B Mr. Watkins, Planning and Development Director, presented this request and stated that the Planning Commission recommended approval. Mr. Henry Brumback 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, rezoning application number 012 -86 of Roy A. Cather, P. O. Box 393, Winchester, Virginia, to rezone 9.710 acres from B -2 (Business General) to B -3 (Industrial Transition) was approved. This property is identified as Parcel 2 on Tax Map 75 and is located on the West side of Route 11 in the Back Creek Magisterial District. COND E PERMIT P11 V217:i1 3. Mr. Watkins presented this request and stated that the Planning Commission recommended approval with conditions. Mr. Orndoff raised the question as to whether this should have been handled as a conditional use permit or a rezoning request. The Board discussed this at length and felt the Board and Planning Commission needed to meet and discuss the guidelines as currently spelled out for conditional use permits and those for rezoning. Mr. Riley stated that with all the conditional use permits that the County is approving, they will need one staff member to do nothing but review conditional use permits. Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, to amend the conditions to be renewed annually and reviewed in five (5) years. Upon motion made by Robert M. Rhodes, seconded by Will L. Owings and passed unanimously, conditional use permit number 006 -86 of Rodney Cowley, Route 5, Box 590, Winchester, Virginia, for a grocery store /wayside stand /service station was approved as amended. This property is identified as Parcel 253 on Tax Map 42 and is located on Route 522 North in the Gainesboro Magisterial District. CONDITIONA T #007 -86 J. DEHAVEN - Mr. Watkins presented this request and stated that the Planning Commission recommended approval with conditions. Mr. DeHaven appeared before the Board on behalf of his request. Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, conditional use permit number 007 -86 of Ronald J. DeHaven, Bloomery Route, Box 92, Winchester, Virginia, for a public garage was approved. This property is identified as Parcel 28 on Tax Map 30 and is located on Route 522 North in the Gainesboro Magisterial District. CONDITIONAL USE PERMIT #008 -86 OF ROBERT E. AND JEANNE 11 - - Mr. Watkins presented this request and stated that the Planning Commission recommended approval with conditions. N Mrs. Spaid and her son Steve appeared before the Board on behalf of her request and to answer any questions the Board might have. Upon motion made by Robert M. Rhodes, seconded by Thomas B. Throck- morton and passed unanimously, conditional use permit number 008 -86 of Robert E. and Jeanne A. Spaid, Route 9, Box 30, Winchester, Virginia, for an Antique Shop was approved. This property is identified as Parcel 51A on Tax Map 52 and is located on the North side of Route 50 West in the Gainesboro Magisterial District. SITE PLAN OF REGENCY LAKE ESTATES Mr. Watkins stated that this was being presented for the Board's information and action was not necessary. PRELIMINARY MASTER DEVELOPMENT PLAN OF BRENTWOOD TERRACE Mr. Watkins presented this request and stated that the Planning Commission recommended approval. He explained by way of a map what was planned for this development. Mr. Ronnie Ward, Partner, appeared before the Board to answer any questions the Board might have and stated that they hoped to start building in the Fall. Mr. Orndoff referred to the open space area in this plan and the fact that a lot of the new subdivisions were showing these open space areas. Mr. Owings inquired as to who was responsible for weed control in these areas. Mr. Riley responded that this is the responsibility of the Homeowners Association of the particular subdivision. Mr. Owings asked if this could be enforced. Mr. Ambrogi replied that it was questionable. Upon motion made by Thomas B. Throckmorton, seconded by Robert M. Rhodes and passed unanimously, the Preliminary Master Development Plan of Brentwood Terrace was approved. STER DEVELOPMENT PLAN OF VALLEY VIEW This request was tabled as there was no representative present, however, Mr. Holliday arrived just as the vote was taken to table and the Board agreed to act upon this request. Mr. Watkins presented this request and stated that the Planning Commission recommended approval with the required open space which would consist of approximately one third (1/3) acres. Mr. Holliday appeared before the Board to request that the Board waive the open space as he did not want to set up a Homeowners Association for eight (8) people and this would be required if the open space were not waived. Mr. Riley stated that he felt the Parks and Recreation Department should be reviewing these site plans and advising as to whether the subdivi- i sions should have recreation areas. Mr. Orndoff stated that he felt the Board needed to meet with the Planning Commission on this in order that some consistency could be planned in the area of open space. Mr. Owings stated that he felt he had no choice in this because of how the residential performance zoning was and that this should be addressed as the County would soon have so many Homeowners Associations that they would not be able to keep up with them. Upon motion made by Will L Owings and seconded by Thomas B. Throck- morton, to waive the open space requirement. eeeee The above was passed by the following recorded vote: Aye - Kenneth Y. Stiles, Will L. Owings, Robert M. Rhodes and Thomas B. Throckmorton. Nay - C. William Orndoff, Jr. Mr. Stiles stated that the Planning Commission realizes that something needs to be done with the residential performance zoning. He asked if it was the consensus of the Board to request the Planning Commission to meet on this matter and report back to the Board in the next few months. The Board was in agreement with this request. REQUEST FOR PUBLIC USE DEDICATION - LAKESIDE ESTATES The request for public use dedication for Lakeside Estates Subdivision was tabled by the Planning Commission. CITY MAIN EXTENSIONS TO SERVE COUNTRY CLUB Mr. Watkins presented this request. Upon motion made by Thomas B. Throckmorton, seconded by Will L. Owl -- II and passed unanimously, the extension of City sewer and water mains to serve Country Club Pines Apartments was approved. PLACEMENT OF NEW ELEMENTARY SCHOOL ON THE Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings and passed unanimously, the placement of the Middletown /Stephens City U Elementary School on the Capital Improvements Plan from number 20 to item 3A was approved. PERSONNEL COMMITTEE REPORT Mr. Thomas B. Throckmorton, Chairman of the Personnel Committee, presented the following report: The Personnel Committee met on July 1, 1986, at 5:00 P.M., in the County Administrator's Office. In attendance were Thomas B. Throckmorton, Chairman; Will L. Owings; Clarence L. Hunter; John R. Riley, Jr., County Administrator and Ann K. Kelican, Personnel Director and submits the following report and recommendations to the Board of Supervisors for consideration: Division of Court Services Request for Reclassification The Committee reviewed the attached request from the Division of Court Services to reclassify the Facilities Supervisor, Range 18 to a Facilities Coordinator, Range 22 and the Administrative Assistant, Range 16 to an Office Manager, Range 19. Funding in the amount of $2,045 is available in the Division of Court Services' budget to fund the reclassification of the Facilities Coordinator. No funds are required for the Office Manager reclassification as this is just a range change. The Committee recommends approval of this request. The above recommendation was approved by the following recorded vote: Aye - Kenneth Y. Stiles, Will L. Owings, Robert M. Rhodes and Thomas B. Throckmorton. Nay - C. William Orndoff, Jr. Evaluation of Planning and Development Director '111111111111111111111 1111 - 1111111� �111111111111�11 The Committee reviewed the evaluation of the Planning and Development Director and recommends approval of same as submitted. This is to be discussed in Executive Session. Permit 11 -- Job Job Descriptions and Organizational Chart 1111 y 1111 1' l 11' 11111111 � 11 Z 11 Z 11' � 11111'1111' ' l' 1' 1111 � 111. The Committee reviewed the attached organizational chart and revised job descriptions for Permit Center staff and recommends approval of same. The Committee discussed the attached letter regarding the Gypsy Moth Coordinator but took no action. This is to be discussed in Executive Session. FINANCE COMMITTEE REPORT Mr. Owings, Chairman of the Finance Committee, presented the following report: WE The Finance Committee met on Tuesday, July 1, 1986 with all members present. The following items require Board action: 1. Parks and Recreation is requesting a $100.00 increase in their t petty cash fund. This increase is necessary in order to provide adequate change for the concession stands at both parks. This increase would give each park $125.00. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above recommendation was approved. 2. Parks and Recreation is requesting a general fund appropriation in the amount of $2,000 from carry forward funds for paving of a driveway at Clearbrook Park. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above recommendation was approved. 3. The Division of Court Services is requesting a supplemental appropriation of $10,874.77 for the purchase of a car for agency use. This request is to be funded from excess Federal funds at June 30, 1986. No local funds are needed. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by Thomas B. Throckmorton and passed unanimously, the above recommendation was approved. 4. The County Administrator is requesting $262.42 for payment of a bill from the Lord Fairfax Planning District Commission. The Committee recommends the bill be paid out of Planning and Community Development Professional Services (8101- 3002 -00). The above recommendation was approved by the following recorded vote: Aye - Will L. Owings, Robert M. Rhodes, Thomas B. Throckmorton and C. William Orndoff, Jr. Nay - Kenneth Y. Stiles. 5. A general fund appropriation in the amount of $4,275.00 is request- ed for membership in the Virginia Municipal League. The Committee recommends that Frederick County join the VML for one year. Upon motion made by Will L. Owings, seconded by Thomas B. Throckmorton and passsed unanimously, the above recommendation was approved. Mr. Orndoff questioned the necessity of this membership. Mr. Riley explained why he felt it would be good for the County to join the Virginia Municipal League. The following items are for information only: ILI 1. Planning and Building is requesting $1,586.00 in carry forward funds for a personal computer. The Committee recommends this request be put on hold until the Deputy Director of Planning and Building is hired. 2. Attached is a letter from Wendell Seldon with a first draft of the Hollingsworth Mill House Agreement. The Committee endorses the agreement with the exception that 10 A be amended to read: This agreement may be terminated without cause by the City, County, or by the Chamber. A final agreement will be forthcoming at a later time for action by the Board. 3. Judge Simpson is requesting a supplemental appropriation in the amount of $1,850 for the purchase of an IBM terminal. in return he plans to give his two Sperry terminals to 1) the School Board, 2) the Sheriff's Department. The Committee recommends this request be put on hold until the Director of Information Services is hired. 4. The Committee recommends that Frederick County consider a $2,500 donation (along with an equal donation from the City of Winchester) as a fund raising kickoff to preserve the Millbank House. 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 Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, the Board reconvened into Regular Session. SALARIES FOR DEPARTMENT HEADS TO BE DECIDED AT EVALUATION Upon motion made by Thomas B. Throckmorton, seconded by Robert M. Rhodes and passed unanimously, the minimum starting salary for Department Heads will be $25,000 and the maximum will be $45,000. The salaries will be determined when the Department Head is evaluated. RANGE FOR GYPSY MOTH COORDINATOR UPGRADED 11 Upon motion made by Thomas B. Throckmorton, seconded by Robert M. Rhodes and passed unanimously, the range for the Gypsy Moth Coordinator was changed from 16 to 21 effective July 1, 1986. EVALUATION OF PLANNING DIRECTOR - APPROVED Upon motion made by Thomas B. Throckmorton, seconded by Robert M. Rhodes and passed unanimously, the evaluation of the Planning Director, Robert W. Watkins, was approved as presented. DEPUTY DIRECTOR OF PLANNING TO BE HIRED AT A RANGE 27 Upon motion made by Thomas B. Throckmorton, seconded by Will L. Owings and passed unanimously, the Deputy Director of Planning is to be hired at a Range 27. CHARLES TYSON HIRED AS INFORMATION SERVICES DIRECTOR Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, Charles Tyson was hired as the new Information Services Director at a starting salary of $37,000. Mr. Tyson will report to work on August 4. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. hairman, Board Supervisors Cle oard of Supervi s