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HomeMy WebLinkAboutSeptember 10, 1986 Regular Meeting28 A Regular Meeting of the Frederick County Board of Supervisors was held on September 10, 1986, at 7:15 P.M., in the Board of Supervisor's Meeting Room, Frederick County Courthouse, Loudoun Street, 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 Utt of the Grace Lutheran Church. ADOPTION OF AGENDA Mr. Stiles stated that he had several items that the Board needed to consider. Mr. Riley stated that he had two items dealing with finances, a request from the Sheriffs Department and a Memo of Understanding from the Fred- erick- Winchester Service Authority for the Board's review. Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the Agenda was adopted as amended. B. BEN DUTTON, JR. APPOINTED TO THE WINCHESTER REGIONAL AIRPORT COMMISSION Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, Mr. B. Ben Dutton, Jr. was appointed to the Winchester Regional Airport Commission, said term to commence on September 10 1986 and terminate on September 10, 1989. ESENTATIVES APPOINTED TO COMMITTEE TO STUDY Mr. Stiles stated that he was appointing Mr. John Riley, County Admini- strator; Mr. Thomas Throckmorton, Board Member and Mr. Ben Dutton, County representative on the Airport Commission, to serve on the Committee to work with the representatives from the City of Winchester to study the possibilities of forming an Airport Authority. HARMON G. BYRD, SR. REAPPOINTED TO SHENANDOAH AREA AGENCY ON AGING Upon motion made by Robert M. Rhodes, seconded by Rhoda W. Maddox and passed unanimously, Harmon G. Byrd, Sr. was reappointed to the Shenandoah Area Agency on Aging, said term to expire September 30, 1989. RESOLUTION IN HONOR OF SANDY CARTER - APPROVED 29 Mr. Riley read the following resolution: WHEREAS, Sandy Carter, a 1982 graduate of James Wood High School and a 1986 graduate of James Madison University was named Miss Future Business Teacher at the National Conference of Future Business Leaders of America in Washington in June, 1986, and WHEREAS, she attributes much of her success to her former business teachers at James Wood High School for all their interest and con- cern shown during her high school years. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors wishes to express their congratulations to Sandy Carter and wish her all the best as she joins the faculty at James Wood High School. BE IT FURTHER RESOLVED, that a true copy of this resolution he delivered to Miss Carter. RESOLVED this 10th day of September, 1986. /s/ Kenneth Y. Stiles /s/ Rhoda W. Maddox Kenneth Y. Stiles, Chairman Rhoda W. Maddox /s/ Will L. Owings Will L. Owings, Vice - Chairman /s/ Thomas B. Throckmorton Thomas B. Throckmorton /s/ Robert M. Rhodes Robert M. Rhodes ATTEST: /s/ John R. Riley, Jr. John R. Riley, Jr., Clerk Board of Supervisors /s/ C. William Orndoff, Jr. C. William Orndoff, Jr. Miss Carter was present to accept her resolution. Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the resolution for Sandy Carter was approved. RESOLUTION IN HONOR OF STEPHEN T. CULBERT - APPROVED Mr. Riley read the following resolution: WHEREAS, Stephen Culbert served as a member of the Frederick County School Board from June 30, 1982 until June 30, 1986, and WHEREAS, he did faithfully serve the citizens of Frederick County with dignity and dedication, and WHEREAS, he possessed the highest devotion to duty as a member of the School Board and was respected and relied upon by his fellow Board members. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, wishes to express their appreciation to Stephen Culbert for his years of conscientious service to the citizens of Frederick County as a member of the School Board. BE IT FURTHER RESOLVED, that a true copy of this resolution be delivered to Mr. Culbert. RESOLVED this 10th day of September, 1986. /s/ Kenneth Y. Stiles /s/ Rhoda W. Maddox Kenneth Y. Stiles, Chairman Rhoda W. Maddox /s/ Will L. Owings /s/ Thomas B. Throckmorton Will L. Owings, Vice - Chairman Thomas B. Throckmorton 30 /s/ Robert M. Rhodes Robert M. Rhodes ATTEST: /s/ John R. Riley, Jr. John R. Riley, Jr., Clerk Board of Supervisors /s/ C. William Orndoff, Jr. C. William Orndoff, Jr. Mr. Culbert was present to accept his resolution. Upon motion made by Thomas B. Throckmorton, seconded by Robert M. Rhodes and passed unanimously, the resolution for Stephen T. Culbert was approved. RESOLUTION OF APPRECIATION OF C. LANGDON GORDON - APPROVED Mr. Riley read the following resolution: WHEREAS, Langdon Gordon was a member of the Winchester Regional Airport Commission from August 24, 1983 to August 24, 1986, and WHEREAS, he did perform his duties with dignity and pro- fessional integrity, and WHEREAS, the Board of Supervisors and citizens of the County appreciate Mr. Gordon's time and efforts on behalf of the County in helping to resolve various issues of the Airport and its Commission. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does hereby express their appreciation to Mr. Gordon for his years of service. BE IT FURTHER RESOLVED, that a true copy of this resolution be delivered to Mr. Gordon. RESOLVED this 10th day of September, 1986. /s/ Kenneth Y. Stiles /s/ Rhoda W. Maddox Kenneth Y. Stiles, Chairman Rhoda W. Maddox /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 Mr. Gordon was not present. /s/ Thomas B. Throckmorton Thomas B. Throckmorton /s/ C. William Orndoff, Jr. C. William Orndoff, Jr. Upon motion made by Thomas B. Throckmorton, seconded by Robert M. Rhodes and passed unanimously, the resolution for C. Langdon Gordon was approved. RESOLUTION IN - APPROVED AES WOOD HIGH SCHOOL Mr. Riley read the following resolution: WHEREAS, the James Wood High School Cheerleaders attended the National Cheerleaders Association Summer Workshop at James Madison University in Harrisonburg, Virginia, and 31. WHEREAS, the Varsity Cheerleaders were selected best cheerleader squad at the camp and were recognized as the N.C.A. Spirit Awarc winners, and WHEREAS, this achievement was based on technique, unity, friendliness, cooperation, leadership and sportsmanship and has brought honor to the students, their school and their community. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors wishes to express their congratulations to the James Wood High School Cheerleaders. BE IT FURTHER RESOLVED, that a true copy of this resolution be delivered to the James Wood High School Cheerleaders. RESOLVED this 10th day of September, 1986. /s/ Kenneth Y. Stiles /s/ Rhoda W. Maddox Kenneth Y. Stiles, Chairman Rhoda W. Maddox /s/ Will L. Owings Will L. Owings, Vice - Chairman Is/ Thomas B. Throckmorton Thomas B. Throckmorton /s/ Robert M. Rhodes Robert M. Rhodes ATTEST: /s/ John R. Riley, Jr. John R. Riley, Jr., Clerk Board of Supervisors /s/ C. William Orndoff, Jr. C. William Orndoff, Jr. Four members of the cheerieading squad were present to accept this resolution. Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings and passed unanimously, the resolution for the James Wood High School Cheer- leaders was approved. RESOLUTION IN HONOR OF THE JAMES WOOD HIGH SCHOOL FFA CHAPTER - APPROVED Mr. Riley read the following resolution: WHEREAS, the James Wood High School FFA Chapter attended the North American Hunter Education Championship at Camp Lejeune, North Carolina, on July 23 -26, 1986, and WHEREAS, the FFA members and their Coach, Monty Loving, received the Second Runner -Up Award during this competition, and WHEREAS, this achievement is the result of dedication and determination by students and staff, bringing honor to them, their school and to their community. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does hereby extend their congratulations to the James Wood High School FFA Chapter for their out- standing achievement. BE IT FURTHER RESOLVED, that a true copy of this resolution be delivered to the FFA Chapter. RESOLVED this 10th day of September, 1986. /s/ Kenneth Y. Stiles /s/ Rhoda W. Maddox Kenneth Y. Stiles, Chairman Rhoda W. Maddox /s/ Will L. Owings /s/ Thomas B. Throckmorton Will L. Owings, Vice- Chairman Thomas B. Throckmorton 3 . y y /s/ Robert M. Rhodes Robert M. Rhodes ATTEST: /s/ John R. Riley, Jr. John R. Riley, Jr., Clerk Board of Supervisors /s/ C. William Orndoff, Jr. C. William Orndoff, Jr. Members of the FFA Chapter were present to accept this resolution. Upon motion made by C. William Orndoff, Jr., seconded by Robert M. Rhodes and passed unanimously, the resolution for the James Wood High School FFA Chapter was approved. RESOLUTION IN HONOR OF THE JAMES WOOD HIGH SCHOOL FFA CHAPTER - APPROVED Mr. Riley read the following resolution: WHEREAS, the James Wood High School FFA attended the State Convention in Blacksburg in June, 1986, and WHEREAS, the Chapter was awarded First Place as Top Chapter and also received the Community Service Award, and WHEREAS, Kathy Lineburg was elected State President, and WHEREAS, these achievements are the result of many hours of training and dedication by students and staff which has brought honor to the students, their school and their community. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors wishes to express their congratulations to the James Wood High School FFA Chapter. BE IT FURTHER RESOLVED, that a true copy of this resolution be delivered to the James Wood High School FFA Chapter. RESOLVED this 10th day of September, 1986. /s/ Kenneth Y. Stiles /s/ Rhoda W. Maddox Kenneth Y. Stiles, Chairman Rhoda W. Maddox /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/ Thomas B. Throck motton Thomas B. Thrpckmorton /s/ C. William Orndoff, Jr. C. William Orndoff, Jr. Members of the FFA Chapter, were present to accept this resolution. Upon motion made by C. William Orndoff, Jr., seconded by Rhoda W. Maddox and passed unanimously, the resolution for the James Wood High School FFA Chapter was approved. K. WALSH APPOINTED TO THE B E DISTRICT - APPROVED CATION FROM Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, Nancy K. Walsh was appointed to the 33 Board of Education as a representative from Shawnee District, said term to to commence September 10, 1986 and expire on June 30, 1990. CHAIRMAN OF THE NORTHWESTERN COMMUNITY SERVICES BOARD Mr. Stiles stated that with the Board's concurrence he would like for the Chairman, Mr. Fred Heppner, and the three County representatives on the Northwestern Community Services Board (Chapter 10 Board) to appear at the Board Meeting of September 24 to discuss the recent State audit of the Offices of Northwestern Community Services. APPOINTMENTS TO COMMITTEE FOR OBSERVANCE OF COUNTY'S 250TH ANNIVERSARY - APPROVED The following appointments were made to the Committee for the observ- ance of the County's 250th anniversary: Back Creek District - Sam Lehman Gainesboro District - David P. Lewis Opequon District - Catherine Monte Shawnee District - Frank E. Tayler The Stonewall representative will be named at the next Board meeting. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE CHAPTER 17 ARTICLE I BY THE ADDITION OF SECTION 1 -2 - APPROVED Upon motion made by Robert M. Rhodes, seconded by Rhoda W. Maddox and passed unanimously, the following ordinance amendment was approved: BE IT ORDAINED, by the Frederick County Board of Supervisors that Chapter 17, of the Frederick County Code, Article I, be amended by the addition of Section 1 -2 to read: Sheriffs Department Personnel may work off duty events provided the organization sponsoring the activity or event at or for which such off duty activities or services are provided is an organization defined in Section 18.2 -340.1 (1) of the Code of Virginia, 1950, as amended. HIGHWAY DEPARTMENT REQUEST FOR ABANDONMENT OF ROUTE 720 - Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the abandonment of a section of Route 720, from Route 11 to 0.18 miles West, was approved. This was acted on by the Board at their meeting of August 13, 1986, but due to a 30 day waiting period it had to be voted on at this meeting also. INDUSTRIAL DEVELOPMENT AUTHORITY - WORCO BOND FINANCING - APPROVED Upon motion made by Will L. Owings, seconded by Thomas B. Throckmorton and passed unanimously, the following resolution was approved: WHEREAS, the Industrial Development Authority of the County of Frederick, Virginia ( "Authority "), has considered the application of WORCO, a Pennsylvania general partnership ( "Applicant ") requesting the issuance of the Authority's industrial development revenue bonds in an 34 amount not to exceed $890,000 (the "Bonds ") to assist in the financing of the Applicant's acquisition, renovation, construction and equipping of a warehouse and distribution facility ( "Project ") located in the County of Frederick, Virginia, and more particularly described in the form of Notice of Public Hearing attached hereto and made a part hereof, and has held a public hearing thereon on August 20, 1986; and WHEREAS, Section 103(k) of the Internal Revenue Code of 1954, as amended, provides that the governmental unit having jurisdiction over the issuer of industrial development bonds and over the area in which any facility financed with the proceeds of industrial development bonds is located must approve the issuance of the bonds; and 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; and WHEREAS, the Authority has recommended that the Board approve the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution approving 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; 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 Applicant, as required by Section 103(k) 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 Applicant. 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 hereby directs the County Administrator to request an allocation from the State Reserve (as defined in Executive Order 54 (85) (Revised) issued by the Governor of the Commonwealth of Virginia) to cover the issuance of the Bonds. 5. This Resolution shall take effect immediately upon its adoption. REZONING APPLICATION #011 -86 OF GEORGE W. GLAIZE. JR. - SHAWNE Mr. Watkins, Planning and Development Director, presented this request and stated that the Planning Commission recommended approval. Mr. Michael Bryant, Attorney with McKee and Butler, appeared before Board on behalf of this request. He stated that he felt this was the only type of zoning that would be appropriate for this acreage in question based upon all the known facts. Don Ratcliff, County representative on the Airport Commission, appeared before the Board to speak on behalf of this rezoning request. Ken Wiegand, Airport Manager, appeared before the Board on behalf of this request and stated that he felt it would be very beneficial to the 35 County and the Airport and that it would be much better rezoned industrial rather than residential. Martha Hockman, resident of Shawnee District, appeared before the Board to ask if the water and sewer lines would be run down Bufflick Road and Route 50 East. She stated that the residents of Stonewall District were promised water and sewer, if a certain industrial park was approved, and even though the industrial park was approved, not all the residences have water. Mr. Stiles stated that water is currently going to Clearbrook and has been for 10 years and that the Planning Commission, Board and staff have been discussing the most feasible way for this project to be an ongoing project. Mr. Wellington Jones, Engineer/ Director of the Sanitation Authority, appeared before the Board at this time to explain the exact routes that would be used to run these water and sewer lines. He stated that the pro- posed funding for this project was as follows: $1.7 million for cost of project - $400 per acre to be paid by the developer, $300,000 paid by the Sanitation Authority, $1,000,000 to be borrowed through bonding and paid back in 20 years. Mr. Jones further stated if the homeowners hooked on to the system within 90 days the charge would be approximately $1,000, after that time the cost would be $3,300 per house. Mr. Throckmorton asked if the lines could be put in without the developers contribution. Mr. Jones replied not for the figure just quoted. Mr. Throckmorton asked what the debt service would be. Mr. Jones replied close to $100,000 per year. Mr. Steve Milburn, resident of Shawnee District, appeared before the Board stating that his property adjoins the Claize property and that he was concerned about the noise pollution that would be caused by industry as well as all the blacktop that would be used by the industries and what effect all this moisture would have on him. He asked if the natural tree area that is currently there would remain or would it be removed. Mr. Stiles explained to Mr. Milburn that the water run -off cannot be any greater than it is now. He further stated that he had felt for some time that each industrial park should be required to have their own master plan and that the Board of Supervisors should request the Planning Commis- nwAu sion to look into having this as part of the requirements when a request is submitted for an industrial park. Mr. Watkins stated that he felt the Planning Commission agreed with Mr. Stiles. Mr. Riley stated that this condition could be in effect within 60 days. Donald Bowen, resident of Shawnee District, appeared before the Board and asked if the water and sewer lines would include the North and South side of Bufflick Road. Mr. Jones replied yes. Roger Koontz, resident of Gainesboro District, appeared before the Board and stated that he was opposed to this rezoning mainly because of what it would do to growth in that area and wherever there is growth you have to provide more services and schools and this would mean higher taxes and he did not feel the County could afford to raise taxes at this time. Mr. Stiles asked Mr. Koontz how he would address the problem of the failing septic systems in the Bufflick Road area. Mr. Koontz replied that he felt that was a Health Department matter. Upon motion made by Thomas B. Throckmorton, seconded by Robert M. Rhodes and passed unanimously, to request that the Planning Commission take the necessary steps to see that a master plan submittal become part of the requirements for industrial parks and that this include buffers, etc. and that this become effective within 60 days. Mr. Orndoff asked if this could be done realistically within 60 days. Mr. Riley replied that this was an obtainable date. Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, the rezoning application number 011 -86 of George W. Glaize, Jr., et ux, 817 Dutton Place, Winchester, Virginia and Zetta P. Garber, Route 1, Box 439 -D, Winchester, Virginia, to rezone 146.829 acres from A -2 (Agricultural General) to M -1 (Industrial Limited) was approved. This property is identified as Parcels 159D, 159E and 159F on Tax Map 64 and is located at the corner of Route 50 East and Route 728 in the Shawnee Magisterial District. EZONING APPLICAT #010 -86 OF C. DOUGLAS ADAMS AND FERN Mr. Watkins presented this request and stated that the Planning Commis- lion recommended approval. 37 Mr. Bob Mitchell, Attorney for Mr. and Mrs. Adams, appeared before the Board and stated that he would like to address the relative issues to this rezoning request. He further stated that this comes down to the planning done for this area, especially when the County agreed some years ago to water and sewer this area. Mr. Mitchell asked the Board if they did not rezone this property to industrial then what would they rezone it. Mr. Throckmorton stated that he felt the residents of Bufflick Heights would prefer having the current buffer of trees remain and asked Mr. Mitchell if he had any problems with this request. Mr. Mitchell replied no. Mr. Ken Wiegand, Airport Manager, appeared before the Board and stated that he would like to reiterate what he had said earlier during the Glaize rezoning request. Lois Ennis, resident of Bufflick Heights, appeared before the Board and requested that the current buffer and trees be left. Mr. Tom Schultz, Attorney representing twelve area residents that are opposed to this request, appeared before the Board and presented a petition by area citizens opposed to this rezoning. He referred to the land that the County had rezoned industrial and had not been developed as industrial property and questioned whether the County could support more industry. He further stated that the staff in their comments on this request felt there were very serious problems with traffic and roads in this area and felt this request is premature. Mr. Schultz further stated that in the 1982 Comprehensive Plan, this area was approved for residential use. Mr. Leonard Greathouse, whose property borders the Rosenberger property, appeared before the Board to question where the roads for this proposed industrial park would be located. Martha Hockman, resident whose land adjoins the property in question, appeared before the Board and asked where the proposed lake was scheduled to be. Mr. Stiles explained to Mrs. Hockman that this lake could still be built without approval of the County. Mr. Orndoff asked Mrs. Hockman what she would propose this land to be used for, residential or agricultural. Mrs. Hockman replied that it had always been good agricultural land. Mrs. Greathouse, area resident, appeared before the Board and stated that she was very opposed to this rezoning. v8 Louise McKinnon, resident of Bufflick Heights, appeared before the Board and stated that she was very opposed to this rezoning due to all the traffic and pollution problems that it would cause. Mr. Randy Campbell, resident of Bufflick Heights Subdivision, appeared before the Board inquiring about the right -of -way that would be needed in the area in order that the roads might be widened. Mr. Howard Sharp, resident of Shawnee District, appeared before the Board and stated that he and his wife are very opposed to this rezoning. John Pearson, resident of Bufflick Road, appeared and stated that he was concerned about water and sewer for Bufflick Road residents. James McKinna, resident of Shawnee District, appeared and stated that he was concerned about where the land is in relation to the glide path of the Airport. Mr. Wiegand replied to the center and South of the Airport. Mr. Lawrence Payne, resident of Bufflick Road, approximately one mile from the Airport, appeared and stated that he was concerned about the increase in traffic and the pollution that would be created by this rezoning and therefore he is very opposed to it. Raymond Wills, resident of Shawnee District, appeared and expressed concern about the hardship that this added expense would cause some of the 11 property owners in this area and that the staff had not addressed this in their recommendation. Nevada Dove, resident of Shawnee District, appeared and stated that she was concerned about being able to get out of her driveway once the increase in traffic starts as she is currently experiencing problems with the present traffic flow. Mr. Greathouse stated that a lot of the citizens in this area are low income and he wondered if the County was in the position to help them pay for this water and sewer. Mr. Jones replied no, that the County had no plans to subsidize this project. Mr. Donald Bowen appeared before the Board and stated that he had grown up on the Airport Road and he had worked on the Rosenberger Farm during this time and he would like to see his children be able to find employment in this same area, and if this industrial park becomes a reality then this employment would be available. 39 Mr. Bob Mitchell appeared to address some of the questions brought out by area residents. Mr. Schultz appeared to also address questions and concerns presented to the Board. Mr. Orndoff stated that concerns and comments expressed at this meeting cannot be answered by having this property rezoned residential. Mr. Rhodes stated that he felt the residents needed to be protected by proper buffers and this needed to be addressed. Mrs. Maddox stated that she hoped the people understood the Board's position in this request and that it had been given a lot of consideration by each of them. She further stated that she realized what an emotional concern this is for the area residents and that she felt that just not any industry would be allowed to locate at the industrial park, that any industry interested in locating here would be screened very carefully. Mr. Owings stated that he felt the argument heard at this meeting, that Frederick County has two many acres already zoned industrial, is not a good argument. Mr. Throckmorton stated that this is not something that has been dis- cussed just in the last 2 to 6 months, it has been for approximately 1 1/2 years. He further stated that one of the most frequently asked questions of him in the time he has been on the Board is when is water and sewer going to be made available to the Bufflick Road area. He further stated that he felt the best use of this land is industrial and with industry they can help pay for the much needed water and sewer for the area. Mr. Throckmorton further stated that the Bufflick Heights Subdivision residents are very concerned and he felt he could appreciate where they are coming from and that hope- fully the new ordinance will balance this out. Upon motion made by Thomas B. Throckmorton, secondedby RhodaW. Maddox and passed unanimously, rezoning application number 010 -86 of C. Douglas Adams and Fern L. Adams, 7250 Maple Place, Annandale, Virginia, to rezone 257.461 acres from A -2 (Agricultural General) to M -1 (Industrial Limited) was approved. This property is identified as Parcels 38 and 40 on Tax Map 64 and is located on the South side of Bufflick Road in the Shawnee Magis- terial District. Mr. Stiles stated that he knew, as did Mr. Throckmorton, that this property was available for some use other than agricultural. He further stated that the financing of the water and sewer lines was a great concern 40 and he did not have any concrete answers for payment of this service. Mr. Stiles further stated that he also realized that traffic is a problem but this is not a problem of the developers but with the Board of Supervisors and the Highway Department. He further stated that rezoning this property residential was not the answer to this situation and that the obligation of the Board of Supervisors was to work out the facts in order that everyone involved would be protected. BATTLEFIELD PARTNERSHIP - RE- SUBDIVISION REQUEST AND SUBDIVISION PLAT - APPROVED Mr. Watkins presented these requests 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 re- subdivision request and subdivision plat of Battlefield Partnership was approved. PUBLIC WORKS COMMITTEE REPORT Mr. Orndoff, Chairman of the Public Works Committee, presented the following report: The Public Works Committee met on September 3, 1986, at 11:00 A.M., in the Conference Room in the Old Courthouse. All members were present. John Riley also attended. The following items were discussed: I. Items Requiring Action A. The Committee recommends approval of the request by the Winchester Medical Center to utilize our transmitter building and a portion of the County's antenna to locate a VHF radio station on North Mountain. The radio would be connected to the hospital by phone lines. The Committee also recommends approval of a contractual arrangement with amendments to #3 and V. Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings and passed unanimously, the above recommendation was approved. B. The County Administrator requested that a Laborer II position in the budget be funded. Funds are available in the Landfill Contingency account. It was also requested by the County Administrator to transfer $10,000 from the Landfill Contingency account to the Extra Help and Overtime account. Laborer II - Salary $9,876 Fringes $2,469 From 042- 4204 - 5806 -00 To 042 - 4204 - 1001 -86 $12,345 Extra Help and Overtime From 042 -4204- 5806 -00 To 042- 4204 - 1005 -00 $10,000 41 Total Request $22,345 The Committee recommends approval. Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings and passed unanimously, the above recommendation was approved. C. Discussion of Filling Department Head Positions. 1. The County Administrator advised the Committee of the need to fill a supervisory position in the Permit Center. It is recommended that, rather than fill the position of Deputy Director of Planning as advertised, we fill the position as Director of Code Enforcement and Compliance. Duties would include, but not be limited to, Chief Building Official, Zoning and Subdivision Administration, Site Plan Review, Complaint Investigations, Fire Code Review, Animal Complaints, etc. The individual would be responsible for all aspects of code administration and enforcement. There is an indi- vidual whose resume' is currently on file who appears to be qualified. The Committee recommends the position be filled as described and the individual contacted for an interview. If after the interview the applicant would appear not to be satisfactory, the County would readvertise. 2. The Committee also discussed the filling of the Director of Public Services position. The Committee recommends the filling of this position either as Director of Public Services or Assistant County Admini- strator in charge of Public Services. The position should be filled with a professional engineer. Upon motion made by C. William Orndoff, seconded by Will L. Owings and passed unanimously to approve the above. Upon discussion, Mr. Throckmorton requested that this go back to the Personnel Committee. Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings and passed unanimously, to table 1 and 2 and that both be sent back to the Personnel Committee. D. The Committee recommends that the Highway Department be con- tacted to conduct a drainage study of the Pines subdivision and that Delegate Alson Smith be contacted, if necessary, in an effort to resolve the drainage problem. No action was taken. 11. Items Not Requiring Action 4y A. The Committee agreed to table the discussion on the feasibility of letting a contract to a private hauler to perform door to door trash pickup in recognized subdivisions. PERSONNEL COMMITTEE REPORT Mr. Throckmorton, Chairman of the Personnel Committee, presented the following report: The Personnel Committee met on Tuesday, September 2, 1986. In attend- ance were Thomas B. Throckmorton, Will L. Owings, James L. Longerbeam, John R. Riley, Jr. and Ann K. Kelican. The Committee submits the following report and recommendations to the Board of Supervisors for consideration: Exchange of Election Day Holiday The Committee recommends that the Board of Supervisors approve the exchange of the Election Day holiday for the Friday following Thanksgiving for County administrative offices. The offices of the Constitutional Officers would continue to observe the Election Day holiday and would remain open on the Friday following Thanksgiving in accordance with State statute. Upon motion made by Thomas B. Throckmorton, seconded by Will L. Owings and passed unanimously, the above recommendation was approved. Items for information only: 1. Request to Fill a Vacant Laborer 11 Position - The Committee reviewed a request to fill a vacant Laborer II position at the Landfill and referred same to the Public Works Committee for consideration. 2. Update on Salary Survey - The Committee received an update on the salary survey currently being conducted. 3. Regional Jail Project Classification Supervisor Attempting to Secure Funds - The Committee was advised that the Regional Jail Project Classification Supervisor is attempting to secure funds from the State Compensation Board, to be administered through the Sheriffs budget, for payment of guards for hospitalized project prisoners to reduce overtime of County personnel. FINANCE COMMITTEE REPORT Mr. Owings, Chairman of the Finance Committee, presented the following report: The Finance Committee met on Tuesday, September 2, 1986. All members were present. The following items require Board action: Appropriation Requests from the School Board 43 Dr. Walker is requesting a transfer of funds from the General Fund to the School Fund in the amount of $28,000 for the NREP project. The Committee recommends that the funds be transferred from the current School Operating Fund budget and appropriated in the School Construction Fund. No action was necessary at this time. Supplemental Appropriation Request from the School The School Director of Finance is requesting a school operating supple- mental appropriation in the amount of $12,442.94. No local funds are required. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by Thomas B. Throckmorton and passed unanimously, the above recommendation was approved. Appropriation Request from the Sheriff The Sheriff is requesting a general fund appropriation in the amount of $117 Of this amount, $61,707 will be reimbursed by the State Compensa- tion Board and $55,323 is needed from additional local funds. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above recommendation was approved. Real Estate Tax Refund Request from the Treasurer Due to duplicate payments, the Treasurer is requesting real estate tax refunds in the amount of $3,438.41. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above recommendation was approved. Board Authorization for Expenditure of Federal Funds for the Handley Library It is requested that the Board of Supervisors formally approve the expenditure of Federal aid to public libraries in the amount of $3,951, FY 1986 -87. The Committee recommends approval. No local funds are required. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above recommendation was approved. Request for General Fund Appropriation Transfer for General District Court Additional local funds in the amount of $1,571,00 are needed to pur- chase a color IBM terminal. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above recommendation was approved. Financial Report - Division of Court Services M You have a worksheet outlining the results of operations and the over- all financial condition of the Division of Court Services. The Committee is recommending that Court Services repay the localities that shared in funding the FY 1984 -85 deficit in the amount of $31,577.62. The following is a schedule showing the localities participation: Winchester $ 7,429.00 Clarke 619.05 Page 1,266.58 Warren 2,035.45 Shenandoah 1,037.53 Frederick 19,190.01 Total $31,577.62 Also, the Division of Court Services has received cash advances from Frederick County in the amount of $91,818.95. See the following schedule for detail: Cash advance prior to 7 -1 -84 $30 Cash advance FY 1985 -86 61,078.00 Total $91,818.95 The Committee is recommending that Court Services repay Frederick County these cash advances as cash is available during FY 1986 -87. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above recommendations were approved. for General Fu ion Transfer - Parks The Director of Parks and Recreation is requesting a supplemental appropriation in the amount of $1,725 and an appropriation transfer from Capital Contingency in the amount of $9,775 to cover the cost of replacing a wrecked vehicle. The amount of $1,725 will re reimbursed by the insurance company. 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 Sheriff to Increase Petty Cash Account The Sheriff is requesting to increase his petty cash fund from $500 to $1,000. Should the Board approve this request, it is necessary that an appropriation transfer also be approved. The appropriation transfer would be from the General Fund operating contingency to the Sheriffs Budget - other operating supplies (3102- 5413 -00) in the amount of $500. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above was approved. The following items are for your information only: 45 1. The Director of Court Services is requesting your support in requesting Clarke County to participate in funding a portion of the Detox program. 2. Parks and Recreation requested a supplemental appropriation for ballfield lighting. The Committee recommended that Parks research the cost involved and come back to the Committee at a later date. 3. Attached is an updated Visitor's Center agreement for your review and amendments. 4. Also included is a summary of the school operating fund transfers between major categories, FY 1985 -86. 5. For your information, the additional amount the School needs for Blue Cross /Blue Shield premium expense is $131,722.80. The Board previously appropriated up to $147,000. Their excess funds at 6 -30 -86 were $114 The Board also stated that the $114,892 would be applied toward the $131,722.80. No additional action is necessary. REQUEST FROM JUVENILE AND DOMESTIC RELATIONS COURT - APPROVED Mr. Douglas Tucker, with the Juvenile and Domestic Relations Court, requested a supplemental appropriation of $2,000 for juvenile detention to account 2105 - 3010 -00 for the fiscal year 1986 -87. In his letter, Mr. Tucker stated that at the beginning of this fiscal year (86 -87), $2,000 was allotted for detention of Frederick County juveniles, however the Circuit Court of Frederick County has to date expend- ed $1,751.49 of the money. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above request was approved. HAHN TRUCKING ACCOUNT Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, the Roard authorized payment of $2,526.25 to Allsafe Equipment. It was understood that Hahn Transportation would reimburse the County $1,263.13 or one -half of the amount paid to Allsafe. 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 (6) to discuss legal matters. BOARD WITHDREW FROM EXECUTIVE SESSION M 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. Mr. Stiles announced that effective immediately, Parks and Recreation will no longer hold activities on any property other than County property due to General Liability and instruction by the County insurance carrier. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. C Cie , 047ez - '--� Board of Super sors Ch irman, Boar of 'Supervisors