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HomeMy WebLinkAboutSeptember 24, 1986 Regular MeetingA Regular Meeting of the Frederick County Board of Supervisors was held on September 24, 1986, 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 Roger S. Laudermilk of the Cedar Grove United Methodist Church. ADOPTION OF AGENDA Mr. Stiles requested an Executive Session at the end of the meeting to discuss liquidation and acquisition of property and to discuss Personnel matters. Mr. Riley stated that he had an item under "Old Business" that dealt with a request from Parks and Recreation. Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the Agenda was adopted as amended. TE S. HEWITT, FROM STONEWALL DISTRICT, APPOINTED TO -r r�M T11r rAt1uTV10 9enTL1 Ak1k11V0nCA0V Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, Charlotte S. Hewitt was appointed from Stonewall District to the Committee for the County's 250th anniversary. LETTER FROM JAMES B. FINAN, MEMBER OF THE INDUSTI DEVELOPMENT AUTHORITY It was noted that a letter had been received from James B. Finan, County representative on the Industrial Development Authority, stating that he had moved from the County into the City. The appointment to fill Mr. Finan's term will be filled at the next Board meeting. DISCUSSION OF BOARD'S ANNUAL DONATION TO CHAPTER 10 BOARD Mr. Fred Heppner, Chairman of the Northwestern Community Services Board; Mrs. Joy Fish, County representative; Kathy Geiman, County represen- tative and Mrs. Deborah Overstreet, County representative, were present for this discussion although Mrs. Overstreet was not present at the beginning of the discussion. �• A Mr. Heppner explained to the Board what had been implemented within the office as a result of the recent audit performed by the State. Mr. Stiles asked Mr. Heppner if the report would be going to the State office by the date requested in the audit. Mr. Heppner replied yes. Mr. Stiles asked Mr. Heppner if the office staff had been given in- struction on the appropriate way to handle expenditures. Mr. Heppner replied that this was still being worked on. Mr. Orndoff asked Mr. Heppner if he was aware of any possible indict- ment at this time. Mr. Heppner replied that the investigation was continuing with the State Police. Mr. Stiles asked Mr. Heppner to address the severance pay given Mr. Fanning. Mr. Heppner replied that each Board member was asked to make their own decision on this and confer with their jurisdiction before rendering their vote. Mr. Stiles referred to Chapter 10's Personnel Policies and what it states concerning severance pay. Mr. Heppner stated that this policy does not pertain to the Executive Director and that this matter had been discussed at length as to how it should be handled. Mr. Stiles stated that he could not understand why, given the fact that the majority of the Board members felt Mr. Fanning should leave, why they still gave him $6,600 in severance pay. The Board discussed at length the amount currently funded by the Board and whether the entire amount should be released or just a portion. Upon motion made by Thomas B. Throckmorton and seconded by Will L. Owings, to release the entire amount that was funded last year, $68,845. The above motion was denied by the following recorded vote: Aye - Will L. Owings and Thomas B. Throckmorton. Nay - Kenneth Y. Stiles, Robert M. Rhodes, Rhoda W. Maddox and C. William Orndoff, Jr. Upon motion made by Robert M. Rhodes and seconded by C. William Orndoff, Jr., to release $31,500 at this time to Northwestern Community Services. My The above motion was passed by the following recorded vote: Aye - Kenneth Y. Stiles, Robert M. Rhodes, Rhoda W. Maddox and C. William Orndoff, Jr. Nay - Will L. Owings and Thomas B. Throckmorton. OF WINCHESTER- FREDERICK COUNTY Mr. Riley presented the following agreement: THIS AGREEMENT , made and entered into this 1st day of July, 1986, by and between the City of Winchester, Virginia, party of the first part, hereinafter referred to as City; the Winchester - Frederick County Chamber of Commerce, Inc., a Virginia corporation, party of the second part, hereinafter referred to as Chamber and Frederick County, Virginia, party of the third part, hereinafter referred to as County: THAT, WHEREAS, the parties hereto determine that the City and County will be well served by the operation of a Visitors Center for the Winchester and Frederick County areas; and WHEREAS, the City is the owner of certain property in the City of Winchester known as the Hollingsworth Mill House, located adjacent to Abram's Delight (Hollingsworth House) on the East side of Pleasant Valley Road which is a favorable location for a Visitors Center; and WHEREAS, the City is willing to dedicate the use of the Hollingsworth Mill House to the operation of a Visitors Center for the herein - described period, and to participate financially in the operation of the Visitors Center, and the Chamber is willing to operate a Visitors Center, and the County is willing to participate financially in said opera- tion, NOW, THEREFORE, in consideration of the mutual covenants, obligations and promises contained herein, the parties hereto agree to the following terms: 1. The City does agree to and does hereby lease unto the Chamber and the Chamber does agree to and does hereby lease from the City the property of the City known as the Hollingsworth Mill House, for a term of five (5) years from the date of this agreement unless sooner terminated as provided herein. The property subject to this lease is shown on the attached sketch, designated as Exhibit A. However, this lease is made subject to the right of the City and specifically the City's Utilities Department to utilize the garage area located to the rear of the Hollingsworth Mill House on the property current- ly occupied by the Utilities Department during the term of this lease, and any extensions or renewals thereof for the storage of materials, supplies and equipment and such other uses as the City may deem necessary. The Ci agrees to take reasonable steps in the use of the garage area so as not to unduly interfere with the operation of the Visitors Center or the offices of the Chamber. 2. The Chamber agrees to utilize the leased premises not necessary for use as a Visitors Center as its headquarters during the term of this lease and any extension or renewals thereof, and shall move its offices to the Hollingsworth Mill House upon completion of a sufficient amount of the renovation of the building required herein as will make such move practic- able. 3. A. The Chamber agrees to operate a Visitors Center during the term of this lease and any extensions or renewals thereof. The Chamber shall provide a full -time supervisor and such other employees and volunteers as shall be necessary to enable the Visitors Center to be operated eight (8) hours per day, seven (7) days per week, which hours and method of operatior shall be adjusted from time to time as may be necessary to comply with the requirements of the Commonwealth's Division of Tourism of the Department of Economic Development in order to receive continuing funding from said agency. B. The Chamber shall maintain a separate budget for all costs attributable to the operation of the Visitors Center and shall make the budget available to the other parties hereto for inspection and copying upon request. 4. A. The City agrees to renovate the interior and exterior of the Hollingsworth Mill House so as to allow the building to be used by Chamber and the public as a Visitors Center and as offices of the Chamber. B. The City further agrees to carry out site improvements and to prepare the leased premises so as to provide adequate parking spaces for the Visitors Center and Chamber offices. 5. A. The City shall be responsible for all maintenance and repair of the exterior of the Hollingsworth Mill House and of the appurtenant grounds. 13. The Chamber shall be responsible for all maintenance and repair of the interior of the Hollingsworth Mill House upon completion of the renovations identified in paragraph 4 above. C. The Chamber shall further be responsible for all utilities. Further, at all times during the Winter when the building is not in use, the Chamber will provide sufficient heat so as to keep the building's water and sewer lines from freezing. 6. The City and County agree to contribute $15,000.00 (Fifteen Thousand and 00 /100 Dollars) per year each for the term of this agreement to the Chamber to be used by the Chamber solely for the operation of the Visitors Center. Such contributions shall be in addition to any other contributions to the Chamber by either the City or County. The appropriations shall be paid by the City and County in four quarterly installments, beginning within 30 days after the start of each fiscal year provided that City and County contributions for the initial fiscal year shall be prorated based upon the date of opening of the Visitors Center and such other factors as may be mutually agreed upon by City, County and Chamber. 7. The Chamber agrees to make all reasonable efforts to obtain private contributions in the amount of at least $30,000.00 (Thirty Thousand and 00/100 Dollars) to be used by the Chamber to equip and furnish the interior of the Visitors Center. Said funding and contributions may be in funds or in kind. Any contributions in kind shall be valued by the Chamber in deter- mining the total amount of contributions. B. A. The City shall provide fire and property damage insurance for the leased premises excluding the equipment, furnishings and other items owned by the Chamber or any other person or entity. B. The Chamber shall provide fire and property damage insurance for the interior furnishings, equipment and other items owned by it, loaned to it, or owned by any person or entity other than the City or County. C. The Chamber shall further provide liability insurance for its operation of the Visitors Center, its headquarters and other offices, the acts or omissions of its agents, employees and volunteers and any other use of the leased premises by it. D. The Chamber further agrees to indemnify and hold harmless the City against any and all claims, demands, liabilities, charges and expenses of whatever kind or nature which it may at any time sustain by reason of or in consequence of the operation of the Visitors Center or Chamber offices by the Chamber. 9. Notwithstanding any other provision herein, the parties hereto agree to comply with all statutory and regulatory requirements of the Division of Tourism which affect the funding status of the Visitors Center to the extent that such regulations do not conflict with any of the terms contained herein. in case of such conflict, the parties agree to consider the necessary modification or amendment of this agreement so as to end the conflict. 51 10. A. This agreement may be terminated without cause by the City or County or by the Chamber upon 90 days written notice to the other parties. Further, this agreement may be terminated for cause immediately upon written notice delivered to the other parties. B. Upon partial or total destruction of the leased premises, this agreement may be terminated by either party upon written notice of the other parties hereto. 11. This agreement may be renewed for additional five -year (5) periods upon the same terms herein contained by agreement of all the parties hereto, in writing, prior to the termination of this agreement, or any such applicable renewal term. 12. This agreement constitutes the entire understanding among the parties hereto. This agreement may be amended only in writing signed by all parties hereto. 13. This agreement is executed in triplicate. WITNESSETH the following signatures and seals. CITY OF WINCHESTER /s/ Jimmie L. Shipp Jimmie L. Shipp Acting City Manager ATTEST: /s/ Patricia B. Ashby Patricia B. Ashby Clerk of Council WINCHESTER - FREDERICK COUNTY CHAMBER OF COMMERCE, INC. /s/ George B. Caley George B. Caley President ATTEST: /s/ James R. Stewart James R. Stewart Secretary- Treasurer COUNTY OF FREDERICK /s/ Kenneth Y. Stiles Kenneth Y. Stiles Chairman ATTEST: /s/ John R. Riley, Jr. John R. Riley, Jr. Clerk Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the above Agreement was approved. FREDERICK - WINCHESTER SERVICE AUTHORITY FUNDING STATUS Mr. Riley presented this. 52 Mr. Stiles noted that the City of Winchester and the County had agreed on this some time ago and that they were awaiting word from the Federal Government. REQUEST FOR APPROPRIATION FOR MASTER PLAN FOR PARKS AND RECREATION - APPROVED Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, $27,000 was appropriated into line item 7101 - 3002 -00 for the Master Plan for Parks and Recreation. PLANNING COMMISSION BUSINESS SUBDIVISION PLAT - NOTTOWAY TOWNHOUSE SECTION 11 Mr. Watkins, Planning and Development Director, presented this request and stated that the Planning Commission recommended approval. Mr. Riley asked if this construction would help the current drainage problem that is currently there. Mr. Stiles replied that it would not make it any worse. Mr. Richard Ruckman, Engineer, appeared before the Board on behalf of this request and explained where the holding ponds would be located. The Board discussed the current drainage problems behind Athey's Truck- ing with Mr. Ruckman. Upon motion made by Will L. Owings, seconded by Thomas B. Throckmorton and passed unanimously, the Subdivision Plat of Nottoway Townhouses, Section II, was approved. Mr. Orndoff noted that he was voting to approve this request and that Mr. Ruckman was his Brother -In -Law. FIRE AND RESCUE COMMITTEE REPORT Mr. Orndoff, Chairman of the Fire and Rescue Committee, presented the following report and stated that action by the Board was not necessary at this time: The Fire and Rescue Committee met on September 15, 1986, at 7 :30 P.M., in the Round Hill Fire Company facility. All Fire Companies were represent- ed, except Gore (Co. 14) and Star Tannery (Co. 17). The Chairman called the meeting to order. He stated that there had not been a Committee meeting since June and that no minutes were available. The following Items of old business were discussed: Mutual Aid Agreement The first topic of business regarded the status of the Mutual Aid Agreement. The County Administrator advised that Clarke County would be 53 ssing same at their meeting in September. If Mutual Aid Agreements were desired from all other surrounding jurisdictions, the County Admini- strator should be provided with a list of jurisdictions and the County would initiate the requests with those respective jurisdictions. Request for Fusees After a lengthy discussion with the County Administrator and polling of all Companies present, it was determined that fusees in bulk purchase were not necessary and that there would be no further need or discussion of same. State Contract The County Administrator was questioned as to the validity of purchas- ing through State contract. He advised the Committee that the Finance Department was currently researching the possibility of the Fire Companies being able to deal directly with the State on State contract vendor issues. There should be information coming back to the Committee prior to the next Fire and Rescue Committee meeting. It was also requested that Fire Companies be able to purchase vehicles through State contract. The County Administrator advised that he would research same. Status of Refunds Off Home Owners' Insurance Policies The County Administrator could not advise as to when the County would receive refunds for the amount collected by the State from Home Owners' policies. The State has no information at this point in time. Status of Report Forms The County Administrator was asked about the status of the monthly report forms and their importance. The County Administrator said the report forms were essential because the long term objective would be computeriza- tion of those forms in order for Fire Companies and the County to be able to determine what areas were experiencing the highest amounts of activity and the possible need for additional financial assistance. Site Plans Companies are still concerned about obtaining viable floor plans to preplan with after final site plans are approved. The County Administrator advised that he can look into this and provide the Companies with an answer at their next meeting. Items addressed by specific Companies were: 1. Comfort Inn - design of floor plan and alarm systems. 2. No fire lanes at Eastridge Apartments. 3. No hydrant in service at Hardee's. 54 4. 4 1/2" connection turned the wrong way at Comfort Inn, facing into a parking space. Fire Company Comments on Site Plan Review The Chairman inquired as to the validity of comments made on site plan review with respect to height limitations. The County Administrator advised that all comments given by Fire Companies on the site plan reviews were appropriate and that they should continue to make them. He added that the fire comments are very important and the Companies should not be concerned about the response that may be given as a result to those comments. Impact Fee Inquiry was made as to the possibility of being able to assess lease /- rental property and impact fee for fire and rescue service due to the fact that owners are not present and tenants do not realize the value or import- ance of fire and rescue response. The County Administrator advised he woulc research and report back to the Committee. Fire Administrator After being asked about the status of the Fire Administrator position, the County Administrator responded that the currently vacant Public Services position is being re- evaluated and that the possibility of combining duties and assigning Risk Management and Public Safety Administration to this posi- tion is a very real possibility. The topic is being discussed seriously and the Committee will be advised of the status. Arson Investigator The County Administrator was questioned as to the status of an Arson Investigator. 11e advised the Committee that it was his impression that one of the four Investigators with the County Sheriff's Department would be trained in arson investigation. The County Administrator would confirm same with the Administrative Assistant for the Sheriff. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the Board retired into Executive Session in accordance with Virginia Code, 1950, as amended, Section 2.1 -344, Subsection A (1) to discuss Personnel matters and to also discuss liquida- tion and acquisition of property. BOARD WITHDREW FROM EXECUTIVE SESSION 55 Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throck morton 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. Throck morton and passed unanimously, the Board reconvened into Regular Session. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. f Supervisors Cler o rd of Sup visors Chairman, Board