April 23, 1986 Regular MeetingA Regular Meeting of the Frederick County Board of Supervisors was held
on April 23, 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 invocation was delivered by the Reverend Roger S. Laudermilk of the
Cedar Grove United Methodist Church.
ADOPTION OF AGENDA
Mr. Riley stated that he had three requests for Budget transfers, staff
comments on the Opequon Watershed Project for the Board's review and a
resolution from the Chamber of Commerce supporting the Regional Airport.
Mr. Stiles stated that he had an item under "County Officials" dealing
with the Gypsy Moth Program.
Upon motion made by C. William Orndoff, Jr., seconded by Thomas B.
Throckmorton and passed unanimously, the Agenda was adopted as amended.
BOARD CHAIRMAN, KENNETH Y. STILES, RECOGNIZES COUNTY
SECRETARIES
Mr. Stiles stated that he would like to express his thanks to Mrs.
Carol Bayliss and Mrs. Teresa Price in the County Administrator's Office and
all County Secretaries for their efforts on behalf of the County during
National Secretaries Week.
POINTMENT TO PARKS AND RECREATION COMMISSION FROM
ONEWALL DISTRICT - TABLED
Mr. Orndoff requested that this be tabled until the next meeting.
TMENT OF COUNTY REPRESENTATIVE TO THE PRIVATE
ov rnvimr-ii _ TAQI CFN
Mr. Stiles requested that this appointment be tabled until the next
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meeting.
BOARD VOTES ON PRIVATE INDUSTRY COUNCIL MANDATED MEMBERS
Upon motion made by Thomas B. Throckmorton, seconded by C. William
Orndoff, Jr. and passed unanimously, Robert L. Will was selected as the
Board's nominee to serve as a member on the Economic. Development Agency.
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Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff,
Jr. and passed unanimously, George W. Homan, III was selected as the Board's
nominee to serve as a member on the Community Based Organizations.
VIRGINIA EMPLOYMENT COMMISSION'S ANNUAL PROGRAM - APPROVED
Mr. Gene Schultz, Manager of the local Virginia Employment Commission,
appeared before the Board to answer any questions the Board might have
concerning the Virginia Employment Commission's Annual Program.
Upon motion made by Robert M. Rhodes, seconded by Thomas B. Throck-
morton and passed unanimously, the Virginia Employment Commission's Annual
Program was approved as presented.
RN COMMUNITY SERVICES -
Mr. John Fanning, Executive Director of the Northwestern Community
Services, appeared before the Board and introduced the three County repre-
sentatives, Kathy Geiman, Carolyn Beard and Deborah Overstreet. He
presented the Board with copies of the Northwestern Community Services'
Annual Program and gave a brief summary of the services provided by
Northwestern Community Services to the community. He stated that he would
like to thank the Board for their approval of Northwestern Community
Services' Budget request for Fiscal Year 1986 -87.
Upon motion made by Rhoda W. Maddox, seconded by Robert M. Rhodes and
passed unanimously, the Annual Program of Northwestern Community Services
was approved.
REQUEST FROM SCHOOL BOARD FOR APPROPRIATION OF FUNDS FOR
RENOVATION OF NORTHWESTERN REGIONAL EDUCATIONAL PROGRAM
BUILDING - SMITHFIELD AVENUE - APPROVED
Dr. Walker, Superintendent of Schools, appeared before the Board to
explain why this appropriation was being requested. He stated that the
construction bids for the new building at Northwestern Regional Educational
Programs on Smithfield Avenue Extended were higher than the amount budgeted
for the project. He further stated that in consulting with the architect
and low bidder, that several changes in the specifications have been made in
order to reduce the costs.
The Board reviewed this list with Dr. Walker and felt that number 20 on
the list in the amount of $10,262 should be reinstated which is a connecting
passageway in lieu of a covered walkway.
Upon motion made by Rhoda W. Maddox, seconded by Thomas B. Throckmorton
and passed unanimously, to reinstate number 20 on the list submitted to the
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Board which will mean having a connecting passageway in lieu of a covered
walkway.
Upon motion made by Will L. Owings, seconded by Thomas B. Throckmorton
and passed unanimously, to appropriate a total of $64,77.0 for the building
and renovation project on Smithfield Avenue Extended.
Mr. Stiles discussed with Dr. Walker the revenue that is generated from
this particular program and how this will off -set certain expenditures when
totals are submitted for the School Budget. Mr. Stiles asked Dr. Walker if
he had any idea of what balance the School Board would be looking at on June
30, 1986.
Dr. Walker replied no, not at this time.
Mr. Stiles stated that he would hope that the Board would not see the
long list of line items that was submitted last year from the School Board
with totals going into three particular line items.
RESOLUTION FROM CHAMBER OF COMMERCE
Mr. Riley read the following resolution from Mr. George Caley, Presi-
dent of the Winchester- Frederick County Chamber of Commerce, relating to the
Regional Airport:
WHEREAS, the Winchester Municipal Airport is a tremendous
asset to the Winchester, Frederick County and Clarke County area, and
WHEREAS, the successful development of a regional airport is
instrumental to the growth, development and overall economic prosperity of
the three jurisdictions.
NOW, THEREFORE, BE IT RESOLVED, that the Winchester- Frederick
County Chamber of Commerce wholeheartedly endorses the development of the
Winchester Municipal Airport as a regional facility and encourages the three
jurisdictions to give high priority to the prompt establishment of a manag-
ing body with sufficient authority to accomplish those tasks which are
necessary for the airport's "continued growth and development ".
GYPSY MOTH SPRAYING
Mr. Stiles stated that the entire amount originally budgeted for the
spraying of Gypsy Moth within the County would not be used and he wanted to
get the Board's opinion on using these funds to assist those County citizens
having problems with Gypsy Moth but who did not qualify for funding. This
would be done on a sharing basis.
Mr. Throckmorton asked how this would be done.
Mr. Stiles stated that Mr. Riley and Miss Jennifer Whitlock would work
out the details.
Mrs. Maddox stated that some property owners in Clarke County had
contracted to have their property done privately and perhaps some residents
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in Frederick County would be interested in sharing the cost and having their
property sprayed at the same time.
Mr. Throckmorton stated that he did not agree with this as he felt the
County would be opening a whole can of worms if they used the funds in
question in this manner.
Mr. Owings stated that he agreed with Mr. Throckmorton.
Mr. Orndoff stated that this problem with the Gypsy Moth would be an
ongoing one and he felt these funds could be used at that time.
Mrs. Maddox stated that she would abstain from voting on this issue as
she owned property that would be affected by this vote.
It was the consensus of the Board that nothing be done at this time
with the funds in question. Mrs. Maddox abstained.
PUBLIC HEARING
FREDERIC COUNTY CODE, CHAPTER 7. ELECTIONS. PRECINCT
L:7
Following discussion the Board felt that the request for Gore Precinct,
to move from the Gore School to Gore Fire Hall was incorrect and therefore
tabled any action on this request until the Electoral Board could be con-
tacted concerning this request.
Mr. Rhodes stated that he would also like to see if the polling loca-
tion for Mt. Falls might be changed.
BLIC HEARING TO SOLICIT PUBLIC INPUT ON LOCAL COMMUNITY
VELOPMENT AND HOUSING NEEDS AND ON THE PROPOSED
FUNDING
SURROUNDING AREA
Mr. Watkins, Planning and Development Director, presented this to the
Board.
Mr. Throckmorton asked if this was the same Grant applied for last year
and Mr. Watkins replied yes, that the deadline for submittal is May 2nd and
that we should have a reply within sixty days.
Mr. John Pearson, resident of Bufflick Road, appeared before the Board
to make several inquiries concerning this project and to state that he was
very interested in this as he was most anxious to have his property watered
and sewered.
Mr. Paul Anderson, County resident, appeared before the Board and
stated that his parents live in this area and the fact he is a member of the
Airport Commission, he was very interested in seeing that this Grant is
approved.
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Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff,
Jr. and passed unanimously, the submittal of Application for Community
Development Block Grant to fund water and sewer at the Winchester Airport
and surrounding area was approved.
DEPARTMENTAL ANNUAL WORK PROGRAMS - APPROVED
Upon motion made by Thomas B. Throckmorton, seconded by C. William
Orndoff, Jr, and passed unanimously, the Departmental Annual Work Programs
were approved as presented.
CONDITIONAL USE PERMIT #006 -85 - IVA H. PETRE - OPEQUON
MAGISTERIAL DISTRICT - APPROVED
Mr. Riley stated that this conditional use permit had been tabled from
an earlier meeting.
Upon motion made by Will L. Owings, seconded by Thomas B. Throckmorton
and passed unanimously, conditional use permit number 006 -85 of Iva H. Petre
was approved with the following change:
Ownership From:
Ms. Geraldine McCann
Route 2, Box 167B
Berryville, VA 22611
To New Owner
Mr. Jack A. Drooger, Sr.
P. 0. Box 555
Stephens City, VA 22655
Please note that Iva H. Petre is still the operator /manager of this
store.
LAW ENFORCEMENT AND COURTS COMMITTTEE REPORT
Mr. Rhodes, Chairman of the Law Enforcement and Courts Committee,
presented the following report:
The Law Enforcement and Courts Committee met on Thursday, April 10,
1986, at 10:00 A.M., in the Courthouse Conference Room. Present were Robert
M. Rhodes, Chairman; Rhoda W. Maddox; Larry P. Coverstone; Charles R.
Mcllwee and John R. Riley, Jr. Also present were Lawrence R. Ambrogi,
Commonwealth's Attorney and Sheriff Roscoe Bruce. The Committee submits the
following:
Discussion of Collection of Delinquent Taxes
The Committee met with the Sheriff and the County Attorney to discuss
procedures possible for the collection of delinquent taxes. The Committee
recommends that the following action be taken:
A. Starting May 15, the Sheriff shall set up check points
on a regular basis to enforce the displaying of current
m'��
County Stickers. This effort shall continue until
July 15, 1986.
B. Request the General District Court to impose a sub -
stantial fine for the violation of no County Sticker.
It is suggested that the majority of the fine be suspended
if proof of purchase can be presented to the Court as
evidence of compliance.
C. Direct the County Attorney to act on behalf of the
Treasurer to initiate the Distraint Process. Distress
warrants will be issued against delinquent taxpayers
to either impound vehicles, lien peronsal property or
bank accounts. The County Attorney shall direct the
Sheriff to enforce said process.
Mr. Orndoff stated that he did not agree with B, the section that
states that the majority of the fine be suspended.
Mr. Rhodes stated that it was up to the Judge to decide on the amount
of the fine.
Mr. Orndoff replied that he understood that, but he did not agree with
the part of the recommendation that suggested that the majority of the fine
be suspended.
Upon motion made by Robert M. Rhodes, seconded by Rhoda W. Maddox and
passed unanimously, the above recommendation was approved.
INFORMATION SERVICES COMMITTEE REPORT
Mrs. Maddox, Chairman of the Information Services Committee, presented
the following report:
The Information Services Committee met on Thursday, April 10, 1986, at
11 :00 A.M., in the Courthouse Conference Room. Present were Rhoda W.
Maddox, Chairman of the Committee; Robert M. Rhodes; H. Donald Anderson;
John R. Riley, Jr., County Administrator and Helen W. Locke, Information
Services Director. Donald P. Johnson, Committee Member, was absent. The
Committee submits the following:
Discussion of Automating Delinquent Tax Lists
There was a general discussion about current information available for
the Treasurer's use in determining whether a taxpayer is current in tax
payments. The Committee was informed that the decal sticker application
form sent to existing vehicle owners is coded to indicate delinquency. A
delinquent personal property and real estate list is provided for cross
reference.
The question was posed as to the capability of the cash registers and
their ability to be used as terminals. The Committee was advised that the
registers were restricted to current transactions only, but that terminals
were available to retrieve information from the mainframe. It was also
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noted that new software was now available in order to provide quicker
transaction time for the cash registers.
It was concluded by the Committee that a common denominator should be
developed in order to automate a comprehensive delinquent file. The method-
ology discussed was utilization of a social security number. The staff was
directed to develop a short questionaire to include requesting the
individual's social security number. Information developed will be returned
to the Committee for their approval.
Mr. Stiles asked if the County had the authority to request that the
citizens submit their Social Security Number to the County.
Mr. Riley is to check into this.
COUNTY ADMINISTRATOR REQUESTED SUPPLEMENTAL APPROPRIATION
AND TRANSFER FOR PHONE SYSTEM FOR DEPARTMENT OF SOCIAL
SERVICES
Mr. Riley stated that he was requesting a supplemental appropriation
and transfer from fund balance to the Department of Social Services' tele-
phone line item in the amount of $8,537.34 for a new phone system in that
Department. He further stated that the State will reimburse the County at
eighty percent, $6,829.87, over the next twelve months.
Upon motion made by Will L. Owings, seconded by Thomas B. Throckmorton
and passed unanimously, the above request was approved.
REQUEST FOR ADDITIONAL PART -TIME RECREATION STAFF -
APPROVED
Mr. Riley stated that the Parks and Recreation Department was request-
ing two part -time staff members to be hired to work forty hour weeks for
twelve weeks. The Parks and Recreation Department feels that they will be
able to fill the two full -time positions during this time period.
Upon motion made by Will L. Owings, seconded by Thomas B. Throckmorton
and passed unanimously, the above was approved with the understanding that
once the two full -time positions are filled, the part -time positions will be
eliminated.
REQUE FO R TRANSFER IN THE AMOUNT OF $4.639 IN THE
Mr. Stiles inquired as to whether or not any funds were left in this
particular line item as there were several County positions left vacant for
a time period before they were filled.
Mr. Riley stated that he did not think so but he would check into it.
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Upon motion made by C. William Orndoff, Jr., seconded by Thomas B.
Throckmorton and
passed unanimously, to approve the following requests:
NAME
S. S. # HIRE DATE SALARY DATA
John S. Bryant
155 -64 -9139 October, 1985 $12,048 - $14,790
$228.50 per mo. x (Nov. - Apr.) 6 mo. = $1,371.00
FY 1985 -86 $228.50 per mo. x 2 mo. = $457.00
Robert E. Cooley
219 -48 -4971 January, 1986 $13,613 - $14,790
$98.08 (Jan. - Apr.) x 4 mo. = $392.32
FY 1985 -86 $98.08 per mo. x 2 mo. = $196.16
Michael S. O'Brien
224 -70 -5279 February, 1986 $13,613 - $14,790
Feb. .5659 per hr. diff. x 72 hrs. = $40.75
Mar. E Apr. 2 mo. x $98.08 = $196.16
Total $236.91
FY 1985 -86 $98.08 per mo. x 2 mo. = $196.16
Charles Carper
Estate July -Dec.
$13,425 - $14,790
July - Dec. (6 mo.) x $113.75 = $682.50
Jan. -June
$13,895 - $14,958
Jan. & Feb. (2 mo. ) x $88.58 = $177.16
Total= $859.66
OPEQUON CREEK WATERSHED PLAN PRESENTED
Mr. Stiles requested that the Board members review the staff comments
on the Opequon Creek Watershed Plan, as well as the entire Plan, and call
him if they had any comments.
DEPARTMENTAL QUARTERLY REPORTS
Mr. Stiles asked if any Board members had any comments or questions
concerning the Departmental Quarterly Reports that were submitted at an
earlier meeting.
BOARD RETIRED INTO EXECUTIVE SESSION
Upon motion made by C. William Orndofff, 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,
to discuss acquisition of property.
BOARD WITHDREW FROM EXECUTIVE SESSION
Upon motion made by Thomas B. Throckmorton, seconded by C. William
Orndoff, Jr., 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 Reqular
Session.
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Mr. Stiles stated that there was no action to report on acquisition of
property.
REQUEST OF ELECTORAL BOARD FOR CHANGES IN LOCATION OF
PRECINCT POL LING PLACE CHANGES - APPROVED
Upon motion made by Rhoda W. Maddox, seconded by C. William Orndoff,
Jr, and passed unanimously, to remove the above item dealing with the
Electoral Board from an earlier decision to Table.
Upon motion made by C. William Orndoff, Jr., seconded by Thomas B.
Throckmorton and passed unanimously, the following were approved:
Amend Chapter 7, Article I Section 1 -2
Move Central Absentee Voter Election District from 9 Court
Square to 20 North Loudoun Street (Frederick County Courthouse).
Amend Chapter 7, Article II Section 2 -2 -3
Neffstown Precinct: Move from Office of Frederick Block
to Northwestern Workshop.
Amend Chapter 7, Article II Section 2 -2 -4
Gainesboro Precinct: Move from Gainesboro School to
Gainesboro Fire Hall.
Amend Chapter 7, Article 11 Section 2 -2 -5
Gore Precinct: Move from Gore School to Gore Fire Hall.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY,
IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN.
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