October 08, 1986 Regular Meeting56
A Regular Meeting of the Frederick County Board of Supervisors was held
on October 8, 1986, 7:30 P.M., in the Board of Supervisor's Meeting Room,
Frederick County Courthouse, Loudoun Street Mall, Winchester, Virginia.
PRESENT Kenneth Y. Stiles, Chairman; Will L. Owings, Vice- Chairman;
Robert M. Rhodes; Rhoda W. Maddox; Thomas B. Throckmorton and C. William
Orndoff, Jr. Mrs. Maddox was a few minutes late.
CALL TO ORDER
The Chairman called the meeting to order and asked that everyone
observe a moment of silence in absence of a Minister.
ADOPTION OF AGENDA
Mr. Stiles requested an Executive Session for the discussion of acqui-
sition and disposition of Real Estate. He noted that Number 4 under "Public
Hearings ", Conditional Use Permit Number 010 -86 of Charles and Faye Grady,
would be tabled until the next Board meeting at the request of the Petition-
er.
Upon motion made by Thomas B. Throckmorton, seconded by Robert M.
Rhodes and passed unanimously, the Agenda was adopted as amended.
RICHARD E. WILLIAMS APPOINTED TO THE INDUSTRIAL
OF
Mr. Richard Williams was appointed to fill the unexpired term of Mr.
James B. Finan on the Frederick County Industrial Development Authority.
This term expires November 10, 1986, therefore Mr. Williams was appointed to
a four year term, said term to commence November 10, 1986 and expire on
November 10, 1990.
PRESENTATION OF ACHIEVEMENT AWARD RECEIVED BY THE COUNTY
ON FINANCIAL REPORTING
Mr. Frank Turk, Finance Director for the City of Salem, Virginia,
appeared before the Board to present the plaque recently awarded to the
County on Financial Reporting. Mr. Turk in presenting this award explained
how much time and effort that our Finance Department had devoted to this
report. He praised Mrs. Barbara Ratcliff and Mrs. Brenda Drumheller for
their outstanding contributions to the County Finance Department.
1986 -1987 VIRGINIA DEPARTMENT OF HIGHWAYS SECONDARY
rnNSTR11rTInm RIInr:FT - TARI Fn
Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff,
Jr. and passed unanimously, the Virginia Department of Highways' Secondary
Construction Budget was tabled until the next Board meeting.
PUBLIC HEARING
57
AN ORDINANCE TO AMEND THE FREDERICK COUNTY C
CHAPTER 2 ADMINISTRATION, ARTICLE IV,_ WINCHESTER
orr_IAKIAI AIPPnPT rnIUMISSInN_ TO AMEND SECTION 4 -2 -1
Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff,
Jr. and passed unanimously, the following Ordinance amendment was approved:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE,
CHAPTER 2, ADMINISTRATION, ARTICLE IV, WINCHESTER
REGIONAL AIRPORT COMMISSION, TO AMEND SECTION 4 -2 -1
AND SECTION 4 -5 -4 TO READ AS FOLLOWS:
Section 4 -2 -1
Currently reads:
The political subdivisions that participate in and become members
of the Regional Airport Commission, hereinafter referred to as the
"Commission ", shall be entitled to membership on the Commission
as follows: Eight (8 ) members; four (4) members from the City of
Winchester, one (1) member from Clarke County, and three (3)
members from Frederick County.
Amend to read:
The political subdivisions that participate in and become members
of the Regional Airport Commission, hereinafter referred to as the
"Commission ", shall he entitled to membership on the Commission
as follows: Seven (7) members; three (3) members from the City of
Winchester, one (1) member from Clarke County, and three (3)
members from Frederick County.
Section 4 -5 -4
Currently reads:
If expenditures exceed the revenue for the fiscal year, the
deficit will be made up by reducing said deficit from the
following year's capital appropriations account
Amend to read:
If expenditures exceed the revenue for the fiscal year, the
deficit will be made up by reducing said deficit from the City of
Winchester and County of Frederick
NG APPLICATION #015 -86 OF WORCO_ - SHAWNEE
Mr. Watkins, Planning and Development Director, presented this request
and stated that the Planning Commission recommended approval.
Mr. Randolph Larrick, Attorney representing J & P Properties, appeared
before the Board to answer any questions they might have.
Upon motion made by Thomas B. Throckmorton, seconded by Robert M.
Rhodes and passed unanimously, rezoning application number 015 -86 of WORCO,
c/o Benjamin AA. Butler, Attorney, 11 South Cameron Street, Winchester,
Virginia, to rezone 7.606 acres from M -2 (Industrial General) to B -3
(Industrial
Transition)
was
approved.
This property is identified as
Parcels MA
and (1 )B
on Tax
Map 64 in
the Shawnee Magisterial District.
REZONING APPLICATION #016 -86 OF JAMES C. SHELLY,_JR. -
OPE000N MAGISTERIAL DISTRICT - APPROV
W
Mr. Watkins presented this request and stated that the Planning Commis-
sion and staff recommended denial of this request.
Mr. Stiles explained to the Board how this particular piece of property
was affected when the Comprehensive Plan was redone.
The question was raised as to the possibilities of a portion of this
property being in Clarke County.
Mr. Owings stated that Mr. Shelly pays all of his taxes in Frederick
County.
Mr. Shelly appeared before the Board at this time and explained to the
Board his plans for this property.
Mrs. Maddox asked if maybe the Board should wait and see if this
property would be downzoned.
Mr. Owings replied that the hoard has just approved the same type of
requests on Route 522 North in the last few months.
Mr. Orndoff stated that his feelings were that the Board should wait,
that it is too late once it has been approved for rezoning.
Mr. Stiles stated that he felt the Board was obligated to act on this.
Upon motion made by Will L. Owings and seconded by Robert M. Rhodes, to
approve rezoning application number 016 -86 of James C. Shelly, Jr., Route 1,
Box 80 -C, White Post, Virginia, to rezone 16 lots (50' x 130' and 150 from
A -2 (Agricultural General) to B -2 (Business General). This property is
identified as Parcels 11, 12, 13, 14, 15, 16, 17, 18, Block 4 and 7 on Tax
Map 94A, Section 1, in the Opequon Magisterial District.
The above motion was approved by the following recorded vote: Aye -
Kenneth Y. Stiles, Will L. Owings, Robert M. Rhodes, Rhoda W. Maddox and
Thomas B. Throckmorton. Nay - C. William Orndoff, Jr.
It was the consensus of the Board that the Planning staff move forward
on the advertising of rezoning all of this particular area to a business
category.
REZONING APPLICATION #017 -86 OF C. DOU
Mr. Watkins presented this request and stated that the Planning Commis-
sion recommended approval.
Mr. Bob Mitchell, Attorney, appeared before the Board on behalf of this
request.
No one appeared in opposition to this request.
59
Upon motion made by Thomas B. Throckmorton, seconded by C. William
Orndoff, Jr. and passed unanimously, rezoning application number 017 -86 of
C. Douglas Adams and Fern L. Adams, 7250 Maple Place, Annandale, Virginia,
to rezone 6.224 acres from A -2 (Agricultural General) to M -1 (Industrial
Limited) was approved. This property is identified as Parcel 40A on Tax Map
64A in the Shawnee Magisterial District.
PUBLIC WORKS COMMITTEE REPORT
Mr. Orndoff, Chairman of the Public Works Committee, presented the
following report:
The Public Works Committee met on October 1, 1986, at 11 :00 A.M., in
the Conference Room in the Old Courthouse. All members were present. Also
present were John R. Riley, Jr. (County Administrator), Ed Wright (Landfill
Supervisor) and Rusty Stewart from BFI. The following items were dis-
cussed:
I. Items Requiring Action
A. BFI Revised Billing Schedule: Mr. Stewart presented a proposal
to the Committee that would allow BFI to be billed for all trash loaded on
front -end trucks at $8.00 per ton and BFI would in turn bill the County
during their annual billing cycle. It was determined that the County could
save $250 to $350 a month on this revised billing schedule. 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.
B. Reduced Tipping Fee for Clarke County: Clarke County is
requesting that their daily fee be reduced from $22.76 to $4.00 per day.
This was a tentative agreement that had been reached by the Frederick and
Clarke Counties prior to the construction of the compactor site at Camp 7.
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 and will he
retroactive to September 1, 1986.
C. Request to Exonerate Delinquent Landfill Bills: The attached
list of delinquent Landfill accounts is requested to be exonerated. There
has been no activity on these accounts nor can the individuals he located.
The Committee recommends that the bills be exonerated in the amount of
$2,437.50.
it
Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings
and passed unanimously, the above recommendation was approved.
This listing is to be posted at the Landfill.
H. Items Not Requiring Action
A. Overhaul of Landfill 816 Compactor: Mr. Ed Wright, Landfill
Supervisor, advised the Committee that he was able to service the 816 com-
pactor on the site. As previously noted in a Committee Report, the
Committee had recommended that the 816 compactor be shipped to Warrenton for
a transmission overhaul. Mr. Wright had engine trouble during this period
of time; he was able to pull the engine and transmission and overhaul both
for the $5,000 that had been appropriated by the Board and the Committee.
B. Letter Suggesting Extra Charge for Uncovered Loads of Trash:
The Committee reviewed the attached letter on recommending fines for un-
covered loads of trash. It was suggested by the Committee that the State
Police and the Virginia Department of Highways and Transportation be inform-
ed and be requested to enforce since this is a violation of the Public
Safety Code and the Code of Virginia.
C. The County Administrator advised the Committee that he was in
the process of updating the information in the Emergency Services Manuals.
The Public Works Committee will have a special meeting before the
October 22, 1986 Board meeting for discussion of Third Party Inspection in
order that a recommendation from the Board of Supervisors might be forwarded
to public hearing on this matter scheduled to be held in Richmond in
November.
INFORMATION SERVICES COMMITTEE REPORT
Mrs. Maddox, Chairman of the Information Services Committee, presented
the following report:
The Information Services Committee met on Thursday, October 2, 1986, at
10 :00 A.M., in the Courthouse Conference Room. Present were Robert M.
Rhodes; Rhoda W. Maddox; John R. Riley; James A. Biggs, of Sperry Corpora-
tion and Charles B. Tyson. Donald P. Johnson and H. Donald Anderson were
absent. The Committee submits the following:
Discussion of Upgrading Computer System
The Committee discussed the recommendation made by the Citizens
Committee to consider upgrading our current system with new state of the art
equipment. Mr. Biggs, of Sperry Corporation, informed the Committee that
Sperry would be willing to forgive our remaining two year lease with them,
61
if we enter into a lease /purchase agreement for a new system called System
80 MOD 10. Any parts of the current system that can be used on the new
system would be given to us at maintenance only. The new system would
double our memory and almost double our disk space. The additional cost of
this new system would be no more than $10.00 (ten) a month.
Upon motion made by Rhoda 11. Maddox, seconded by Robert M. Rhodes and
passed unanimously, the above was approved.
LAW ENFORCEMENT AND COURTS COMMITTEE REPORT
Mr. Rhodes, Chairman of the Law Enforcement and Courts Committee, pre-
sented the following report:
The Law Enforcement and Courts Committee met on Thursday, October 2,
1986, at 11:00 P.M., in the Conference Room in the Old Frederick County
Courthouse. Present were Robert M. Rhodes, Chairman of the Committee; Rhoda
W. Maddox; Larry P. Coverstone; Charles R. Mcllwee; Joseph Walker, Director,
Division of Court Services and John R. Riley, Jr., County Administrator.
The Committee submits the following:
Discussion of County CDI Resolution
The Committee discussed the CDI Resolution and the history of same. It
was felt
by all in attendance that the
resolution in its
present form was
adequate
and therefore no changes were
recommended at
this time. It was
also felt
that the Community Corrections
Resources Board
should make every
effort to
avoid making recommendations to
the Community
Diversion Incentive
Program
when that individual violated
the requirements
of the attached
resolution.
Mr. Throckmorton questioned why the word "drug" was left out of this.
Mrs. Maddox replied that it had been discussed but felt it would not be
necessary to have it in the wording.
Following Board discussion it was decided that this would go back to
the Law Enforcement and Courts Committee for further review.
Civil Mediation
Mrs. Maddox presented to the Committee an update on seeking legislation
to enable Frederick County to conduct civil mediation. She advised the
Committee that the District Court Judges Association did not draft any
enabling legislation but requested funding for a Civil Mediation Program.
They felt that enabling legislation was not necessary. The Attorney
General's Office advised they would be willing to draft legislation if a
sponsor could be obtained. Special legislation would be sought to establish
62
a pilot program for Winchester and Frederick. A two year provision for
review would be included in the legislation. The Committee recommends that
this action be pursued and the legislation presented to VACO at their annual
conference in November.
No action was necessary at this time.
PERSONNEL COMMITTEE REPORT
Mr. Throckmorton, Chairman of the Personnel Committee, presented the
following report:
The Personnel Committee met on October 7, 1986, at 4:30 P.M., in the
County Administrator's Office. in attendance were Thomas B. Throckmorton,
Will L. Owings, James L. Longerbeam, Clarence L. Hunter, John R. Riley, Jr.
and Ann K. Kelican. The Committee submits the following report and recom-
mendations to the Board of Supervisors for consideration:
Salary Survey Information
The Committee reviewed the Salary Survey Report and referred same to
the Citizens Committee for review and input regarding salaries in the local
private sector. When the report is returned, the Committee will again
review it for recommendation to the Board of Supervisors.
No action was necessary at this time.
Department Head Evaluations
The Committee reviewed the evaluations of the Director of Finance,
Barbara W. Ratcliff and the Director of Parks and Recreation, Needham S.
Cheely, III and recommends approval as submitted.
This is to be discussed in Executive Session.
FINANCE COMMITTEE REPORT
Mr. Owings, Chairman of the Finance Committee, presented the following
report:
The Finance Committee met on Tuesday, October 7, 1986. Ail members
were present except for Richard Shickle. The following items require Board
action:
Division of Court Services Request for Appropriation
Transfer
Division of Court Services is requesting an appropriation transfer in
the amount of $1,000. The funds are to be transferred from contingency to
unemployment compensation. No additional local funds are required. The
Committee recommends approval.
63
Upon motion made by Will L. Owings, seconded by Thomas B. Throckmorton
and passed unanimously, the above recommendation was approved.
Request for General Fund Appropriation from Parks and
Recreation'
Insurance recovery funds in the amount of $3,002.53 are requested to be
appropriated. 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 Authorization to Make School Fund Appropri,
tion "Transfers'
Request for authorization to make School Fund appropriation transfers
from the School Finance Director. You will find a list attached totaling
$10,034.00 of transfers between major categories. Also attached is a letter
from the area Vocational Director. The Committee recommends approval.
Upon motion made by Will L. Owings,, seconded by Robert M. Rhodes and
passed unanimously, the above recommendation was approved.
Dr. Walker Appeared Before the Finance Committee to
Request An Advance
Dr. Walker appeared before the Finance Committee to request an advance
from the
General
Fund to
the
School Fund in
the
,amount of
$135,000. The
money is
needed
to employ
an
architect to draw
up
plans for
new elementary
school for southern Frederick County. The Committee recommends approval.
It was the consensus of the Board that they would like for Dr. Walker
and Mr. Hott to be present at the next Board meeting to discuss this request
with the Board.
The following is for your information:
1. A delegation from the Committee studying the Airport Authority
concept met with the Finance Committee. The Chairman of the Study Committee
is seeking a committment and direction (including funding) from the City and
the County for the project.
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 and to also
discuss Acquisition and Disposition of land.
BOARD WITHDREW FROM EXECUTIVE SESSION
64
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.
EVALUATIONS OF FINANCE DIRECTOR BARBARA RATCLIFF AND
........ .. ....� .. ri..r►T./.► M.nrn -r^n Urr-MLi ALA, C I`LICC1 V 111
Upon motion made by Thomas B. Throckmorton, seconded by C. William
Orndoff, Jr. and passed unanimously, the evaluations of Finance Director,
Barbara Ratcliff and Parks and Recreation Director, Needham S. Cheely, III
were approved.
Y OF C
INISTRATOR JOHN R. RILE)
Upon motion made by Thomas B. Throckmorton, seconded by Will L. Owings
and passed unanimously, the salary of County Administrator, John R. Riley,
Jr. was increased to $47,000 per year based upon his current evaluation.
BOARD TO MEET WITH DE LEGATE ALSON H. SMITH AND SENATOR
The Board
will
meet with Delegate Alson
H. Smith
and
Senator William A.
Truban the end
of
October or the first of
November
for
a general discus-
sion.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY,
IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN.
CKAirman, Board eft Supervisors CI k, '-Board of Super sors