March 12, 1986 Regular Meeting292
A Regular Meeting of the Frederick County Board of Supervisors was held
on March 12, 1986, at 7 :15 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; Rhoda W. Maddox; Thomas B. Throckmorton and C. William
Orndoff, Jr.
CALL TO ORDER
The Chairman called the meeting to order.
INVOCATION
The Reverend W. Anthony Layman, of the Braddock Street United Methodist
Church, delivered the invocation.
ADOPTION OF AGENDA
Mr. Riley stated that he would request the Board's authorization to act
on the County's behalf regarding insurance coverage for law enforcement
employees at a meeting scheduled in Richmond on March 13.
Mr. Stiles stated that he had several letters of correspondence that he
would like to bring to the Board's attention.
Mr. Throckmorton stated that he had a statement regarding the Sanita-
tion Authority Budget.
Mr. Orndoff stated that he had an announcement concerning the Parks and
Recreation Commission.
Upon motion made by C. William Orndoff, Jr., seconded by Thomas B.
Throckmorton and passed unanimously, the Agenda was adopted as amended.
F. ARCHER ROBINSON, 111 APPOINTED TO THE NORTHWESTERN
VIRGINIA HEALTH SYSTEMS AGENCY, INC.
Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff,
Jr. and passed unanimously, F. Archer Robinson was appointed to the North-
western Virginia Health Systems Agency, Inc, for a three year term, said
term to commence March 12, 1986 and expire March 12, 1989.
REQUEST FOR JOINT MEETING WITH PARKS AND RECREATION
COMMISSION SCHEDULED FOR APRIL 23. 1986 AT 6:00 P.M.
Mr. Riley stated that the Parks and Recreation Commission had requested
a meeting with the Board for April 22, at 7 :30.
The Board discussed this request and due to a conflict with some Board
Members on this date the meeting was scheduled prior to the regular Board
Meeting on April 23, 1986.
RESOLUTION - 522 NORTH PROJECT - APPROVED
293
Mr. Riley read the following resolution:
WHEREAS, the Virginia Department of Highways and Trans-
portation Commission is conducting the 1986 Annual Allocation Public Hearing
for Interstate, Primary, Urban Systems and Public Transportation on April
14, 1986, and
WHEREAS, there is a project on the Primary System in
Frederick County which the Board of Supervisors would like to encourage the
Virginia Department of Highways and Transportation to construct, and
WHEREAS, the Board would place its highest priority on the
continuation of the improved Route 522 North (dual -lane /divided highway)
from its current terminus in Cross Junction, Virginia to the West Virginia
line, and
WHEREAS, this project is very seriously needed due to
unsafe conditions that exist on that roadway.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors of the County of Frederick, Virginia do very strongly urge that
the Virginia Department of Highways and Transportaion Commission continue to
place this project in their six year planning process for the Primary System
Construction Program and does express its thanks to the Commission for their
current progress and continued effort on this project.
Upon motion made by Rhoda W. Maddox, seconded by C. William Orndoff,
Jr. and passed unanimously, the above resolution was approved.
COUNTY ADMINISTRATOR AUTHORIZED TO ACT ON
COUNTY AT MEETING IN RICHMOND ON INSURANCE
Mr. Riley stated that he would like to request authorization from the
Board to act on behalf of the County at a meeting in Richmond on March 13
with Officials from the State Risk Management Office. This meeting will
cover information on insurance coverage for law enforcement personnel as
proposed by the State Risk Management Office.
Upon motion made by Robert M. Rhodes, seconded by Rhoda W. Maddox and
passed unanimously, the Board authorized John R. Riley to attend the State
Risk Management meeting in Richmond as requested above.
REQUEST FROM CLEARBROOK FIRE DEPARTMENT CHIEF - REFERRED
Tn CI AI A KII-C /-A \I &I I TTGG
Mr. Stiles stated that he had received correspondence from Ralph R.
Robinson, Jr., Chief, Clearbrook Volunteer Fire Department, requesting the
usual $15,000 as allotted by the County. He further stated that he felt the
apportioned funds for the Fire Companies should be divided equally, ten
ways, giving each Company their fair share. Mr. Stiles referred this to the
Finance Committee.
294
THOMAS B. TH
1RD LIAISON MEMBER
;SED THE BOARD RE:
HORITY STAFF
Mr. Throckmorton stated that in reviewing the Budget for 1986 -87 of the
Sanitation Authority, he felt the pay increases scheduled for the employees
was not in line with what was budgeted for County employees and therefore he
was requesting that a letter be sent from the Board to each County office
requesting that they stay within the budget guidelines of the Board for this
budget cycle which is an average of 6.5% for all County employees.
The Board concurred with Mr. Throckmorton's request.
RON BROWN WILL NOT SEEK REAPPOINTMENT TO PARKS AND
RECREATION COMMISSION
Mr. Orndoff stated that Mr. Ron Brown, Stonewall representative on the
Parks and Recreation Commission, had contacted him stating that he was not
interested in being reappointed to the Commission.
His term expires April 28, 1986.
JENNIFER WHITLOCK, GYPSY MOTH COORDINATOR, ADDRESSED THE
BOARD
Miss Whitlock appeared before the Board to present cost figures on the
total cost of the Gypsy Moth Program scheduled for this coming year. She
stated that the total cost to the County would be $17,082.00. She informed
the Board that due to Federal Budget cuts there may not be any Federal funds
available through Virginia Tech to assist in this program after this year
which would mean more cost to the County.
SANITATION AUTHORITY REQUESTS APPROVAL TO LAND APPLY
R
Mr. Wellington Jones, Engineer/ Director of the Sanitation Authority,
appeared before the Board to request approval from the Board to land apply
sludge on the Stiles and Hewitt Farms located in Stonewall District.
Mr. Stiles stated that a Public Meeting would be held on March 26 to
receive public input on this request and that a representative from the
local Health Department as well as from the State level would be present.
SEWER EXTENSION AREA - WINCHESTER AIRPORT - DISCUSSED
Mr. Wellington Jones, Engineer/ Director of the Sanitation Authority,
appeared before the Board to explain and discuss the Sanitation Authority's
plans to water and sewer the area surrounding the Winchester Airport. He
stated a meeting had been scheduled for March 17 with landowners in the area
of the Airport to request their support in the Authority's plan to water and
sewer this area. Mr. Jones stated that this project would cost $1.74
295
million and that the Authority is applying for as many funding sources as
possible and that each property owner would be responsible for the cost
involved in water and sewering their own property.
Mr. Stiles requested that Mr. Riley prepare a resolution to be a part
of a package that will be sent with the Grant stating the Board's support of
this project and the fact the County would be willing to spend some local
funds for this project.
DESIGNATION OF INDUSTRIAL DEVELOPMENT AUTHORITY AS THE
Mr. Riley presented this request.
Upon motion made by C. William Orndoff, Jr., seconded by Thomas B.
Throckmorton and passed unanimously, the following resolution was approved:
WHEREAS, on July 18, 1984, the President of the United
States signed into law the Deficit Reduction Act of 1984 (the "Act ") which
placed certain limitations on the volume of private activity bonds to be
issued by any State;
WHEREAS, pursuant to the authority vested in him pursuant
to the Act, the Governor of Virginia on January 23, 1985 issued Executive
Order 54(85) (the "Order ") providing a formula for the allocation of the
State Ceiling, as defined in the Order;
WHEREAS, the Order authorizes the Board of Supervisors
(the "Board ") to allocate its portion of the State Ceiling to the issuing
authorities within Frederick County (the "County "), and the Board desires to
allocate its portion to the Industrial Development Authority of the County
of Frederick, Virginia (the "Authority ").
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF FREDERICK COUNTY, VIRGINIA:
1. The Board hereby allocates its entire $2,677,500 portion of the
State Ceiling on private activity bonds to the Authority to be allocated by
the Authority to such projects as the Authority may in its discretion
determine to be in the best interests of the County.
2. This Resolution shall take effect immediately upon its adoption.
PUBLIC HEARING
REZONING APPLICATION #001 -86 OF JOSEPH K. SPANGLER -
GAINESBORO MAGISTERIAL DISTRICT - APPROVED
Mr. Watkins presented this rezoning application request and stated that
the Planning Commission recommended approval.
Mr. Spangler appeared before the Board on behalf of his request and
stated that he felt his
hands were
tied
on this request due to the County
Zoning Ordinance and
he was looking for
some direction from the Board. He
further stated that he
wanted to add
a sandwich
shop but was unable to do so
due to current zoning,
and the fact
a sandwich
shop was not allowed under
the conditional use permit he felt
the
County was prohibiting him from
expanding his current
operation and
his
hands were tied.
296.
Mrs. Maddox made a motion to deny this request and Thomas B. Throck-
morton seconded the motion.
Mrs. Maddox stated that her reason for requesting this denial was that
she felt the County is issuing some conditional use permits for reasons they
should not be. She further stated that she felt this would be spot zoning
if the Board were to rezone it. Mrs. Maddox further stated that the Board
should consider the uncertainty of the future expansion of Route 522 in
making their decision.
Mr. Throckmorton asked if the property is currently zoned the same as
what it was when Mr. Spangler bought it.
Mr. Spangler replied yes.
Mr. Stiles stated that under the County Ordinance food cannot be served
under A -1 and A -2.
Mr. Throckmorton stated that it was his understanding that under a
conditional use permit you have some control and with zoning you do not.
The above motion was denied by the following recorded vote:
Aye - Rhoda W. Maddox. Nay - Kenneth Y. Stiles, Will L. Owings, Robert
M. Rhodes, Thomas B. Throckmorton and C. William Orndoff, Jr.
Upon motion made by Robert M. Rhodes and seconded by Will L. Owings, to
approve conditional use permit #001 -86 of Joseph K. Spangler, HC1, Box 220,
Cross Junction, Virginia, to rezone 5 acres from A -1 (Agricultural Limited)
to B -2 (Business General) for a convenience store, gas service and snack
bar. This property is identified as Parcel Number 47 on Tax Map Number 11
and is located 18 miles North of Winchester on the West side of Route 522 in
the Gainesboro Magisterial District.
Mrs. Maddox stated that she felt the Board was making a mistake in
approving this rezoning and that this would in fact be opening a whole lot
of problems.
The above motion was approved by the following recorded vote: Aye -
Kenneth Y. Stiles, Will L. Owings, Robert M. Rhodes, Thomas B. Throckmorton
and C. William Orndoff, Jr. Nay - Rhoda W. Maddox.
CAPITAL IMPROVEMENTS PLAN SUBCOMMITTEE REPORT
Mr. Watkins, Planning and Development Director, appeared before the
Board to present the CIP Subcommittee Report for the Board's review prior to
the Public Hearing.
Mr. Orndoff stated that he noted that the list did not include any new
elementary schools in the Southern end of the County and the fact that a
29'7
great deal of building and construction is going on in this particular area
!of the County would certainly indicate the need for a new elementary school
Iin the very near future.
The Board requested that Mr. Riley contact the School Board and request
a building list for the future needs as well as a list of current school
buildings and their capacity.
PUBLIC WORKS COMMITTEE REPORT
Mr. Orndoff, Chairman of the Public Works Committee, presented the
following report:
The Public Works Committee met on March 5, 1986, at 11:00 A.M., in the
Conference Room, at 9 Court Square. All members were present. Also present
were Dave Holliday, Jim Vickers, Ronnie Ward, John Riley and Bob Harriman.
In accordance with Section 2.1 -344 (A) (1) of the Code of Virginia, the
Committee met in Executive Session to discuss personnel matters.
The following items were discussed during regular session:
I. Items Requiring Action
A. The Committee voted unanimously to reject Rappahanock County's
request to utilize the Landfill. It is requested that the Board endorse
this action.
Upon motion made by C. William Orndoff, Jr., seconded by Thomas B.
Throckmorton and passed unanimously, the above was approved.
B. The Committee directed the County Administrator to draft an
ordinance regarding the installation of street lights. It is requested that
the Board endorse this action.
Upon motion made by C. William Orndoff, Jr., seconded by Robert M.
Rhodes and passed unanimously, the above was approved.
II. Items Not Requiring Action
A. The Top of Virginia Building Association submitted a letter to
the County Administrator (attached) requesting consideration be given to a
proposal to off -set Permit Center fees when third party inspections are
used. The Committee generally agreed that some relief should be afforded
the contractors and that the proposal as submitted would be used as a start
in considering this matter.
Mr. Riley requested the Board's endorsement of this concept.
Following Board discussion it was decided that this would be
discussed further at Committee level.
1 •
B. The Committee reviewed the proposal to reorganize the Permit
Center and concurred with it.
This is to be discussed in Executive Session.
INFORMATION SERVICES COMMITTEE REPORT
Mrs. Maddox, Chairman of the Information Services Committee, presented
the following report:
The Information Services Committee met on Thursday, March 6, 1986, at
11:30 A.M., in the Conference Room at 9 Court Square, Winchester, Virginia.
Present were Robert M. Rhodes, Chairman of the Information Services
Committee; Rhoda W. Maddox; H. Donald Anderson, Jr. and John R. Riley.
Donald P. Johnson was absent. The Committee submits the following:
Discussion of Release of Information
The Committee discussed the attached request for the release of
information from Bob Wills of Sager, Inc. The Committee still stands firm
on its original recommendation and does further request that an opinion be
obtained from the Attorney General. The Commonwealth's Attorney can not
request an opinion due to the fact that he concurrs with the findings of the
Committee. It is suggested that either the Commissioner of the Revenue or
one of our Delegates approach the Attorney General.
There was no action taken.
PERSONNEL COMMITTEE REPORT
Mr. Throckmorton, Chairman of the Personnel Committee, presented the
following report:
The Personnel Committee met on Tuesday, March 5, 1986 with all members
present and submits the following report and recommendations to the Board of
Supervisors for consideration:
Department Head Evaluation
The Committee reviewed the evaluation of Helen Locke, Information
Services Director, and recommends approval as submitted. (Attached under
separate cover.)
This is to be done in Executive Session.
Salaries County Positions in Sheriff's Department
The Committee reviewed the attached salary information regarding
salaries for County funded positions in the Sheriff's Department. Common-
wealth's Attorney, Lawrence Ambrogi rendered the attached opinions relative
to the interpretation of the Attorney General of the Code sections address-
ing salaries of County funded positions. The Committee therefore recommends
Nm
that the Board approve payment of the salaries for County funded Deputies
and Correctional Officers in the Sheriff's Department as set forth on the
i
attachment. Funds to cover these additional salaries would be transferred
from Operating Contingencies to the appropriate line items.
The Committee further recommends that the Sheriff request the Compensation
Board to fund the two supervisory positions currently funded by the County
so that the County will fund only Deputy and Correctional Officer positions.
( See Attachments. )
This is to be done in Executive Session.
Salaries Compensation Board Positions in Sheriff's
Department
The Committee reviewed the approved Compensation Board salaries for
personnel in the Sheriff's Department effective January I, 1986 and
recommends approval of the appropriation of these funds in the amount of
$10,000 to the appropriate line items. (Attached under separate cover.)
Upon motion made by Thomas B. Throckmorton, seconded by Will L. Owings
and passed unanimously, the above recommendation was approved.
Reorganization of Permit Center
The Committee reviewed the attached proposed reorganization of the
Permit Center. The County Administrator advised that Planning and Develop-
ment and Inspections will move to the first floor by April I, 1986 and the
staff reorganization would take place immediately following approval by the
Board of Supervisors. (See Attachment)
This is to be done in Executive Session.
Request to Transfer Part -Time Nurse in Division of Court
Services to Full -Time Position
The Committee reviewed a request from the Director of the Division of
Court Services to transfer the part -time Nurse to a fulltime position at a
Range 18. Funding for this position for the remainder of this fiscal year
in the amount of $1,200 would come from the approved DCJS grant. The
Committee recommends approval of this request with the stipulation that if
funding is not available next year, the position will be eliminated.
Upon motion made by Thomas B. Throckmorton, seconded by C. William
Orndoff, Jr. and passed unanimously, the above recommendation was approved.
Mr. Rhodes stated that earlier conversation had indicated this position
might be coordinated with a similiar request from the Jail, however this
could not be worked to the satisfaction of everyone involved.
Dependent Blue Cross /Blue Shield Coverage
3010
The Committee recommends that dependents of employees who pass away
while in the employ of Frederick County be permitted to continue their Blue
Cross /Blue Shield coverage under the County policy, at their own expense,
for a period of three months.
Upon motion made by Thomas B. Throckmorton, seconded by C. William
Orndoff, Jr. and passed unanimously, the above recommendation was approved.
Regional Jail Project Personnel 4.5% Salary Increase
The Committee was advised that a 4.5% salary increase effective January
I, 1986 for two employees of the Regional Jail Project had been approved by
the Project's Board of Directors on February 20, 1986. The Committee
reviewed the salary history of these two employees for the period June 30,
1985 through July 1, 1986 and noted that these two salaries will be
increased 33% by July I, 1986. The Committee recommends that the Board of
Supervisors send a letter to the Board of Directors of the Regional Jail
Project setting forth their objection to the amount of these salary
increases and that a copy of this letter be sent to each participating
locality.
Upon motion made by Thomas B. Throckmorton, seconded by C. William
Orndoff, Jr. and passed unanimously, the above recommendation was approved.
The Board requested Mr. Riley to draft a letter to the Regional Jail
Board expressing the Board's feelings on this request.
Executive Session
County Administrator's Evaluation. (Attached under separate cover.)
This is to be done in Executive Session.
FINANCE COMMITTEE REPORT
Mr. Owings, Chairman of the Finance Committee, presented the following
report:
The Finance Committee met on Tuesday, March 4, 1986. All members were
present. The following items require Board Action:
Department of Social Services
Appropriation transfers in the amount of $69,250 are requested by the
Department of Social Services. The Committee recommends approval. (See
attached)
Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and
passed unanimously, the above recommendation was approved.
The Board instructed Mr. Riley to write to Mrs. Mandel, Director of
Social 'Services, concerning this transfer.
CIO
Parks and Recreation
Parks and Recreation is requesting a General Fund appropriation in the
amount of $27,000 for Clearbrook and Sherando master plan. The Committee
recommends approval. (See attached)
Mr. Orndoff asked if the Board should not wait on this.
Mr. Riley stated that there was a time schedule and after that date the
plan would not be available.
Upon motion made by C. William Orndoff, Jr., seconded by Robert M.
Rhodes and passed unanimously, this was tabled until the next Board meet-
ing.
Treasurer
The Treasurer is requesting a refund of overpayment of 1985 real estate
taxes. The Committee recommends approval. (See Attached)
Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and
passed unanimously, the above recommendation was approved.
Emergency Medical Services
The Finance Director is requesting a General Fund appropriation of
Emergency Medical Services funds from the State in the amount of $7,211.
The Committee recommends approval.
Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and
passed unanimously, the above recommendation was approved.
Division of Court Services
The Division of Court Services is requesting a FY 1985 -86 appropriation
of $5,675.
No
local funds
are required as the funds are
provided
by the
Department
of
Corrections.
The Committee recommends
approval.
(See
attached)
Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and
passed unanimously, the above recommendation was approved.
Regional Jail Project
The Board of Directors of the Regional Jail Project has approved a 4.5%
salary increase for two of their employees, effective January 1, 1986. The
Finance Committee concurs with the recommendation made by the Personnel
Committee.
This was discussed and voted on under the Personnel Committee Report.
County Administrator and Board of Supervisors
c
30
A General Fund appropriation in the amount of $4,300 is requested for
the County Administrator and Board of Supervisors for telephone expenses.
The Committee recommends approval.
Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and
passed unanimously, the above recommendation was approved.
Countv Administrator - Permit Center
A General Fund appropriation in the amount of $6,000 is requested by
the County Administrator for renovating the space for the permit center.
The Committee recommends approval.
Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr.
and passed unanimously, the above recommendation was approved.
The following items are for your information only:
1. Attached is the management letter from Robinson, Farmer and Cox
Associates. The area mentioned will be addressed.
2. Attached are the financial trend indicators FY 1984 -85 prepared by
the budget analyst.
3. The Committee discussed the donation request from Wayside Founda-
tion and elected to take no action this year on the request. (See
attached)
4. The Committee received a request for $34,000 from Tri- County
O.I.C., Inc., FY 1986 -87, and elected to take no action at this time on the
request. Tri- County O.I.C. will be making a similar request to other
jurisdictions in the near future. (See attached)
EIVED CHECK FOR S75.000 FOR
Mr. Lawrence R. Ambrogi, Commonwealth's Attorney, has received a check
in the amount of $75,000 for settlement of payment of back taxes for
Shawneeland.
CHARLES POE, PAST DIRECTOR OF DIVISION OF COURT SE
It was noted that Mr. Charles Poe, past Director of Division of Court
Services, has dropped his suit against the County.
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
discuss Acquisition and Disposition of Land.
�a3
BOARD WITHDREW FROM EXECUTIVE SESSION
Upon motion made by C. William Orndoff, Jr., seconded by Thomas B.
I Throckmorton and passed unanimously, the Board withdrew from Executive
ISession.
BOARD RECONVENED INTO REGULAR SESSION
Upon motion made by Rhoda W. Maddox, seconded by C. William Orndoff,
IJr. and passed unanimously, the Board reconvened into Regular Session.
BOARD APPROVAL OF PERMIT CENTER MOVE
Upon motion made by Thomas B. Throckmorton, seconded by C. William
Orndoff, Jr. and passed unanimously, the reorganization and move of the
Permit Center, as presented in the Personnel Committee Report, was
approved.
OUNTY POSITIONS WITHIN SHERIFF'S DEPARTMENT -
Mr. Throckmorton stated that this item would be tabled until after the
Personnel Committee meets in April.
Upon motion made by Thomas B. Throckmorton, seconded by C. William
Orndoff, Jr. and passed unanimously, the salaries of County positions within
the Sheriff's Department were tabled until after the Personnel Committee
meets in April.
DEPARTMENT HEAD EVALUATION - APPROVED
The evaluation of Helen Locke, Director of Information Services, was
approved as presented.
EVALUATION AND SALARY INCREASE OF COUNTY ADMINISTRATOR -
APPROVED
Upon motion made by Thomas B. Throckmorton, seconded by Will L. Owings
and passed unanimously, the evaluation and salary increase for County
Administrator, John R. Riley, Jr. was approved. The increase of $1500 will
become effective six months from the last increase.
BOARD REQUESTED MEETING WITH STATE OFFICIALS ON TEACHER
SALARY MANDATE BEFORE COUNTY BUDGET IS APPROVED
Mr. Stiles stated that the Board is requesting a meeting with Delegate
Alson Smith, Senator William Truban and staff members of the General
Assembly, as well as the School Board, to discuss the methodology used by
the State in arriving at the figures they have used in determining the
amount the County will have to fund for the increases for teachers salaries
for this Budget year.
304
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY
IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN.
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