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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 11 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. 325 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 326 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 327 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. 328 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 330 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. 331 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. 332 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. hairman, Board upervisors C Board of Superv' s