April 09, 1986 Regular Meeting313
A Regular Meeting of the Frederick County Board of Supervisors was held
on April 9, 1986, at 7:30 P.M., in the Board of Supervisor's Meeting Room,
Frederick County Courthouse, Winchester, Virginia.
PRESENT Kenneth Y. Stiles, Chairman; Will L. Owings, Vice- Chairman;
Robert M. Rhodes; Rhoda W. Maddox; Thomas B. Throckmorton and C. William
Orndoff, Jr.
CALL TO ORDER
The Chairman called the meeting to order.
INVOCATION
In absence of a Minister, Mr. Esten Rudolph, Commissioner of the
Revenue, delivered the invocation.
ADOPTION OF AGENDA
Mr. Stiles stated that Tab A would be tabled until the next Board
Meeting.
Mr. Riley stated that there was correspondence from the Highway Depart-
ment with reference to a request for industrial access funds that he would
like for the Board to review.
Mr. Orndoff requested time under "County Officials" and the "Finance
Committee Report ".
Mr. Riley stated that he had received a report from the School Board
this date on their capital improvements requests and requested that the
Board refer this to the Capital Improvements Committee for their review and
recommendation.
Upon motion made by C. William Orndoff, Jr., seconded by Robert M.
Rhodes and passed unanimously, the Agenda was adopted as amended.
APPOINTMENT TO PARKS AND RECREATION COMMISSION FROM
STONEWALL DISTRICT - TABLED
The appointment to the Parks and Recreation Commission from Stonewall
District was tabled until the next scheduled Board meeting at the request
of Mr. Orndoff.
GEORGE W. BORDEN REAPPOINTED TO THE SANITATION AUTHORITY
FROM OPEQUON DISTRICT
Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr.
and passed unanimously, George W. Borden was reappointed to the Sanitation
Authority from Opequon District, said term to commence April 15, 1986 and
terminate on April 15, 1990.
COUNTY OFFICES TO BE CLOSED ON MAY 2 1986 FOR SHENANDOAH
APPLE BLOSSOM FESTIVAL
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Upon motion made by Thomas B. Throckmorton, seconded by C. William
Orndoff, Jr. and passed unanimously, all County Offices will be closed on
Friday, May 2, 1986 in observance of the Shenandoah Apple Blossom Festival.
ENDORSEMENT BY BOARD OF SUPERVISORS FOR ENDORSEMENT OF
R
Upon motion made by C. William Orndoff, Jr., seconded by Robert M.
Rhodes and passed unanimously, the Board endorsed the reappointment of Mason
Carbaugh as Commissioner of Agriculture for the State of Virginia.
APPROVAL OF 1986 -87 COUNTY BUDGET WITH AMENDMENTS
Mr. Riley read the following resolution:
WHEREAS, a notice of public hearing and a budget synopsis
has been published and a public hearing held on March 26, 1986 in accordance
with Title 15.1, Chapter 4, Section 15.1 -162, of the Code of Virginia, 1950
as amended,
THEREFORE, BE IT RESOLVED, by the Board of Supervisors
of the County of Frederick, Virginia, that the budget for the 1986 -87 fiscal
year as advertised in the Winchester Evening Star on March 11, 1986, as
amended, be hereby approved in the amount of $40,771,093.00 and that
appropriations in the amount of $40,771,093.00 be hereby authorized for the
1986 -87 fiscal year, and
BE IT FURTHER RESOLVED, that the Board of Supervisors
of the County of Frederick, Virginia, does herein adopt the tax rate for the
1986 assessment year at a rate of 654 to be applied to real estate, the rate
of $4.35 to be applied to personal property, the rate of $4.00 to be applied
to merchants capital and the rate of $4.35 to be applied to machinery and
tools and,
BE IT FURTHER RESOLVED, that appropriations are hereby
authorized for the central stores fund, special welfare fund and unemploy-
ment compensation fund equal to the total cash balance on hand at July 1,
1986, plus the total amount of receipts for the fiscal year 1986 -87.
Mr. Stiles asked if there were any changes in the Budget as presented.
Mr. Owings stated that during the public hearing, several citizens
requested that Lord Fairfax Community College be funded at the 1985 -86 level
which would mean an increase of $4,502 over the proposed Budget. He further
stated that there would be an increase of $5,972 for Northwestern Community
Services over last year for a total increase of $68,844.
Mr. Orndoff stated that with regard to the Fire Company Budget, he had
received a lot of input from County firemen and he would recommend that each
Fire Company receive equal amounts of the $179,000 budgeted for County Fire
Companies.
Mr. Stiles polled the Board on this recommendation and no one, other
than Mr. Owings, was in favor of this recommendation.
Mr. Rhodes stated that he felt the entire $179,000 should be given to
the Firemen's Association and let them divide it among the Fire Companies as
their membership sees fit.
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Mr. Throckmorton asked if this had been the policy in the past.
Mr. Owings replied no, this is a request made by the Firemen's Associa-
tion.
Mr. Rhodes requested that the Firemen's Association meet with the
Finance Committee next Fall, before October, in order that the Association
might discuss the needs of the Fire Companies prior to Budget preparation.
Mr. Stiles stated that several members of the Fire Association had
appeared at the Budget Worksession to voice their opinions on how the County
funds the Fire Companies and requested at that time that the County consider
giving the entire amount funded by the County to the Firemen's Association
and they would decide how the funds would be distributed among the ten
County Fire Departments.
Mr. Orndoff stated that a breakdown of requests from each Fire Depart-
ment would be submitted to the Finance Committee for their information just
as all other agencies do for their Budget requests.
Mr. Stiles stated that he would request that the $146,000 requested by
the School Board be denied. These funds are part of a revenue increase to
be received from the State. Mr. Stiles further stated that with these
amendments to the Budget there was still a deficit of $414,000 and he would
II like to reduce the proposed tax increase on real estate from 654 to 63� per
hundred.
Upon motion made by Thomas B. Throckmorton, seconded by Robert M.
Rhodes and passed unanimously, that the tax increase for Budget year 1986 -87
be reduced from the proposed 654 for real estate to 634.
Upon motion made by C. William Orndoff, Jr., seconded by Robert M.
Rhodes and passed unanimously, that the 1986 -87 Budget be approved as
amended with real estate being at 63� per hundred, $4.35 per hundred for
personal property, $4.00 merchants capital and $4.35 machinery and tools.
PROPOSED PARK MASTER PLANS - APPROVED
Upon motion made by Will L. Owings, seconded by Rhoda W. Maddox and
passed unanimously, the necessary funds were appropriated to begin the
-- 11 master plan efforts for the County Park facilities. This was tabled from an
earlier Board Meeting.
BOARD TAKES NO ACTION ON APPROVAL OF FUNDING FOR PROPOSED
HOUSING DEVELOPMENT - COUNTRY CLUB PINES
316
Mr. Riley stated that this request was from the Virginia Housing
Development Authority and the Board could either approve the funding from a
local standpoint, deny the funding, or choose to take no action at all.
Mr. Harry Benham, III, Attorney, appeared before the Board to answer
any questions the Board might have.
It was the consensus of the Board to take no action on this request.
SALE OF MIDDLETOWN SCHOOL PROPERTY - APPROVED
Mr. Riley stated that he had received a contract on the Middletown
School property for $121,000 from Mr. and Mrs. Henry Oyhenart.
Mrs. Oyhenart appeared before the Board stating at this time they were
not sure of their plans for the property although they had a number of
things in mind. She further stated that they were very anxious to take over
the ownership of the property as soon as possible in order to be able to
preserve the buildings as the vandals have been very destructive.
Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and
passed unanimously, the Middletown School property was sold to Mr. and Mrs.
Henry Oyhenart for $121,000.
PLANNING COMMISSION BUSINESS
PUBLIC HEARING
CAPITAL IMPROVEMENTS PLAN REPORT - REFERRED BACK TO
COMMITTEE
No one appeared before the Board to address the Capital Improvements
Plan Report.
Mr. Stiles stated that an additional request had been received by the
Board from the School Board, therefore he would request that this report be
referred back to the Committee in order that the School Board request might
be included in the final report to the Board.
Upon motion made by Thomas B. Throckmorton, seconded by C. William
Orndoff, Jr., and passed unanimously, the Capital Improvements Plan Report
was referred back to Committee in order that the School Board report might
be included.
APPLICATION #002 -86 - BRADDOCK PARTNERSHIP -
Mr. Watkins, Planning and Development Director, presented this request
and stated that the Planning Commission recommended approval.
Mr. Richard Pifer, one of the owners, appeared before the Board on
behalf of his request.
31"7
Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and
passed unanimously, rezoning application number 002 -86 of Braddock Partner-
ship, 31 South Braddock Street, Winchester, Virginia, to rezone 3.241 Acres
from B -1 (Business Limited) to B -2 (Business General) for a Small Strip -Type
Shopping Center was approved. This property is identified as Parcel Number
7 -D on Tax Map Number 74B and is located on Route 277 approximately 1/2
mile East of its intersection with 1 -81 and on the North side of Route 277
in the Opequon Magisterial District.
PLICATION #003 -86 - ROBERT T. AND BARBARA G
Mr. Watkins presented this request and stated that the Planning Commis-
sion recommended approval.
Mr. Tom Dickinson, Attorney, appeared before the Board on behalf of Mr.
and Mrs. Ganse.
Upon motion made by C. William Orndoff, Jr., seconded by Thomas B.
Throckmorton and passed unanimously, rezoning application number 003 -86 of
Robert T. and Barbara G. Ganse, 1 Colonial Heights, Winchester, Virginia, to
rezone 1.680 acres from RP (Residential Performance) to B -2 (Business
General) for a. Restaurant addition and parking was approved. This property
is identified as Parcel Number 112 -C on Tax Map Number 54 and is located 1/4
mile East of Winchester and South of Route 7 in the Stonewall Magisterial
District.
EZONING APPLICATION #004 -86 - ROBERT T. AND BARBARA G.
ANS - STONEWALL MAGISTERIAL DISTRICT - APPROVED
Mr. Watkins presented this request and stated that the Planning Commis-
sion recommended approval.
Mr. Tom Dickinson appeared before the Board on behalf of Mr. and Mrs.
1 Ganse.
Upon motion made by C. William Orndoff, Jr., seconded by Thomas B.
Throckmorton and passed unanimously, rezoning application number 004 -86 of
Robert T. and Barbara G. Ganse, 1 Colonial Heights, Winchester, Virginia, to
rezone 11,572 square feet from RP (Residential Performance) to B -2 (Business
General) was approved. This property is identified as Parcel Number 112
(Lot 27) on Tax Map Number 54 in the Stonewall Magisterial District and is
located East of Winchester, South of Route 7 and North of Route 659 and is
adjoining the 220 Seafood Restaurant parcel of land.
ITIONAL USE PERMIT #002 -86 - KENNETH REID, JR. -
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Mr. Watkins presented this request and stated that the Planning Commis-
sion recommended approval with conditions.
Mr. Reid appeared before the Board on behalf of his request.
Upon motion made by Rhoda W. Maddox, seconded by C. William Orndoff,
Jr. and passed unanimously, conditional use permit number 002 -86 of Kenneth
Reid, Jr., 1005 Fox Drive, Winchester, Virginia, for a Cottage Occupation/ -
Sign for Construction Business was approved. This property is identified as
Parcel Number 30 on Tax Map Number 53A in the Gainesboro Magisterial
District.
CONDITIONAL USE PERMIT #003 -86 - RICHARD S. RUSSELL -
Mr. Watkins presented this report and stated that the Planning Commis-
sion recommended approval with conditions.
Mr. Russell appeared before the Board on behalf of his request.
Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr.
and passed unanimously, conditional use permit number 003 -86 of Richard S.
Russell, Route 1, Box 30, Stephens City, Virginia, to reestablish a noncon-
forming use, a used car display area, approximately 250' x 175' was
approved. This property is identified as Parcel Number 4 on Tax Map Number
85A in the Opequon Magisterial District and is located approximately 2/10
mile South of Stephens City on the West side of Route 11 South.
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER
o, 7nw11w1c. AoTi!'1 r v o9;C1nFn1T1A1 PFRFnRRAANCF DISTRICT
Mr. Watkins presented this Ordinance amendment.
Upon motion made by C. William Orndoff, Jr., seconded by Thomas B.
Throckmorton and passed unanimously, the following Ordinance amendment was
approved:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER
21, ZONING; ARTICLE V, RESIDENTIAL PERFORMANCE DISTRICT
(RP); SECTION 5 -5, DIMENSIONAL REQUIREMENTS; PARAGRAPH
5 -5 -3, SINGLE FAMILY DETACHED CLUSTER TO READ AS FOLLOWS:
Delete: 5 -5 -3.5 Maximum Lot Size - 10,000 square feet.
>PONDENCE FROM HIG
' FUNDS - DISCUSSED
)EPARTMENT RE: INDUSTF
Mr. Riley noted that a letter had been received from the Highway
Department requesting that the County fund $20,000 for an industrial access
road to serve a recently constructed roof truss facility of Glaize and
Brothers.
319
Following Board discussion, it was their consensus that such a request
had never been made of the Board in the past, therefore Mr. Riley was
instructed to contact the Highway Department for further clarification of
this request.
PUBLIC WORKS COMMITTEE REPORT
Mr. Orndoff, Chairman of the Public Works Committee, presented the
following report:
The Public Works Committee met on April 2, 1986, at 11 :00 A.M., in the
Conference Room in the Old Courthouse. All members were present. Also
present were John Dennison, John Riley and Bob Harriman. The following
items were discussed:
I. Items Requiring Action
A. The Committee recommends that the Public Services Director
advertise for geotechnical services in conjunction with the landfill and
requests concurrence of the Board.
Upon motion made by C. William Orndoff, Jr., seconded by Thomas B.
Throckmorton and passed unanimously, the above recommendation was approved.
B. Subdivision street lights were discussed. A proposal was made
to ask the Treasurer to add to the tax bill of property owners benefiting
from the lights, an additional appropriate charge to cover the electricity
utilized. Written notification to each property owner would precede this
action.
The Board discussed this at great length and through discussion
with the Commonwealth's Attorney and were told that this cannot be billed
directly to the individuals rather than through reassessment.
Mr. Riley stated that the only subdivision being billed directly at
this time is Fredericktowne, Section III.
It was the Board's consensus that further study was needed on this
matter.
II. Items Not Requiring Action
A. The Committee discussed the proposal from the Ad Hoc Committee
that studied the animal care facilities. The basic concept was endorsed by
the Committee and it was agreed that the proposal be passed to the
Commonwealth's Attorney to develop the basic contractual document.
B.
The
third party proposal
was discussed
at length
and
it was
recommended
that
the concept be held in
abeyance until
the April
23rd
Board
320
meeting in order to insure that all Ad Hoc Committee members had an oppor-
tunity to comment on the written report.
PERSONNEL COMMITTEE REPORT
Mr. Throckmorton, Chairman of the Personnel Committee, presented the
following report:
The Personnel Committee met on Tuesday, April 1, 1986, in the County
Administrator's Office. In attendance were Thomas B. Throckmorton, Will L.
Owings, James L. Longerbeam, John R. Riley, Jr. and Ann K. Kelican.
Department Head Evaluations
The Committee reviewed the merit evaluations of the Director of Finance
and the Director of Parks and Recreation and recommends approval as
submitted.
This is to be done in Executive Session.
Review of Merit System Evaluation Process
The Committee reviewed the merit system evaluation process. The
Committee noted that Department Heads and employees feel that evaluations
each six months provide an effective means of interaction between supervisor
and employee that cannot be achieved with one evaluation per year. The
Committee also noted that six month evaluations provide employee incentive
thus increasing employee morale and good updated documentation of job
performance. It was also noted that the current evaluation system has been
very successful and to date has remained within expenditure projections.
The Committee therefore recommends that the merit evaluation system continue
as it is currently structured with evaluations being conducted at six month
intervals.
Mr. Stiles stated that he would like to see some figures on this as he
felt if only one increase were given that the County would save money.
Mr. Riley stated that a comparison chart would be available at the next
meeting.
Discussion of the Longevity Merit Increase
The Committee discussed the longevity merit increase for employees who
have reached the top of the scale and recommends that this longevity
increase be set at 3 1/2 %, one -half the merit system average, for FY86 -87,
said increase to be awarded annually on the first merit anniversary follow-
ing July 1, 1986.
Mr. Throckmorton noted that the figure on increases should read 3%
rather than 3 112 %.
321
Executive Session
The Committee requests an Executive Session under Virginia Code Section
12.1 -344, A (1) to discuss Personnel matters.
FINANCE COMMITTEE REPORT
Mr. Owings, Chairman of the Finance Committee, presented the following
report:
The Finance Committee met on Tuesday, April 1, 1986. Present were Will
Owings, Robbie Rhodes, John Riley, Larry Ambrogi, John Fanning, Barbara
Ratcliff and Brenda Drumheller. The following items require Board action:
Sheriffs Department
The Sheriffs Department is requesting a general fund appropriation in
the amount of $1,887.38. The funds are from an insurance reimbursement.
The Committee recommends approval.
Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and
passed unanimously, the above recommendation was approved.
Delinquent Real Estate Taxes
A supplemental appropriation is requested in the amount of $3,750.00
for payment for collection of delinquent real estate taxes. The Committee
recommends approval.
Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and
passed unanimously, the above recommendation was approved.
School
The School is requesting a supplemental appropriation in the amount of
$29,199.00. The Committee recommends approval.
Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and
passed unanimously, the above recommendation was approved.
County Administrator Requests Phones for Permit Center
The County Administrator is requesting a general fund appropriation
transfer in the amount of $6,137.40 to purchase phones for the permit
center. The Committee recommends approval.
Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and
passed unanimously, the above recommendation was approved.
Commonwealth's Attorney
The Commonwealth's Attorney presented information concerning delinquent
taxes. It is recommended by the Committee that a meeting of the Treasurer,
Commissioner of the Revenue, Commonwealth's Attorney, Sheriff and Finance
322
Committee be set up to establish
soon as possible.
It was the consensus of the
established as to which Departme
for the collection of delinquent
action as soon as possible.
The following items do not
procedures to collect delinquent taxes as
Board that a definite policy needed to be
nt and which individuals were responsible
taxes and that this policy be put into
require action at this time and will be
presented to the Board for action before July 1, 1986:
1. The Northwestern Community Services is requesting local funding
above the present level proposed in our 86 -87 budget. The Committee
recommends approval of their original request in the amount of $68,844. (An
increase of $5,972.)
2. The School is requesting a School Operating appropriation FY
1986 -87 in the amount of $146,449. The Committee is in agreement with the
increase for health insurance only since that cost is not firm at this
time.
DONATION OF $1,000 TO FUTURE FARMERS OF AMERICA
FOUNDATION
Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings
and passed unanimously, the Board donated $1,000 to the Future Farmers of
America Campaign.
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) and (6) to discuss Personnel and Legal matters. Acquisi-
tion and Disposition of Property was also discussed.
BOARD WITHDREW FROM EXECUTIVE SESSION
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 DIRE AND PARKS AND RECREATI
323
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.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY,
IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN.
irman, Boar of Supervisors Crerk, Board of Supervi r