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May 14, 1986 Regular Meeting333 A Regular Meeting of the Frederick County Board of Supervisors was held on May 14, 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 Reverend James R. Driscoll of the Burnt Factory United Methodist Church. ADOPTION OF AGENDA Mr. Stiles noted that the Board had received correspondence prior to the start of this meeting stating that rezoning application request number 006 -86 of J. P. Darlington had been withdrawn. He further stated that there was a Proclamation for National Ruritan Week, a letter to be made a part of the record dealing with the County FFA contribution, and a letter from Richard Hall- Sizemore, President of the Virginia Association of Counties, and the reappointment /appointment of a School Board member. Mrs. Maddox stated that she would like to discuss the formation of a Committee. Mr. Stiles stated that he would like the Board to discuss the formation of a Committee for the purpose of naming roads throughout the County. Mr. Throckmorton stated that he had a question concerning the collec- tion of real estate taxes. Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the Agenda was adopted as amended. ROBERT E. ROPER APPOINTED TO THE PARKS AND RECREATION Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, Robert E. Roper was appointed to the Parks and Recreation Commission as a representative from Stonewall District, said term to commence May 14, 1986 and terminate on May 14, 1990. ROBERT KEENAN APPOINTED TO THE PRIVATE INDUSTRY COUNCIL S A COUNTY REPRESENTATIVE Upon motion made by Robert M. Rhodes, seconded by Rhoda W. Maddox and passed unanimously, Robert Keenan was appointed to the Private Industry Council as a County representative. 334 RECOGNITION OF CERTIFICATE OF ACHIEVEMENT Mr. Riley stated that the County had recently been notified by the Government Finance Officers Association that the Annual Comprehensive Financial Report for the fiscal year ending June, 1985 qualified for a Certificate of Achievement for Excellence in Financial Reporting. Mr. Stiles stated that he would like to thank the Finance Department, as well as all the other offices, that helped to make this award possible. HAMBER OF COMMERCE FOR VISTOR'S CENTER Mr. Riley stated that the Chamber of Commerce was proposing to establish a Vistor's Center to be located in the Hollingsworth House. He further stated that the City, County and the Chamber of Commerce had reached an agreement which will require that certain renovations be made to the structure by the City. He further stated that the City and County would each make an annual contribution of $15,000. The Chamber would relocate to the Vistor's Center with their share of the cost being 530,000. He request- ed that the Board endorse this concept and once the final agreement is completed the Board will be notified. Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings and passed unanimously, the concept of the Chamber of Commerce of the proposed Visitor's Center, as explained by Mr. Riley, was approved. Mr. Roger Crosen, Past President of the Chamber of Commerce, appeared before the Board to express the Chamber's thanks for this very worthwhile project. Mrs. Maddox stated that the Volunteer Action Center had been located in the Chamber Office and that they would very much like to continue as volunteers if possible. Mr. Crosen stated that he felt the Chamber would definitely need their continued support. CORRESPONDENCE FROM ROGER CROSEN CO- CHAIRMAN NORTHERN AREA SPONSORING COMMITTEE, VIRGINIA FFA FOUNDA TION. INC.. MADE A PART OF THE RECORD Mr. Stiles requested that the following letter be made a part of the record: May 12, 1986 The Honorable Kenneth Y. Stiles Chairman -At -Large Frederick County Board of Supervisors Route 1, Box 276 Clearbrook, VA 22624 Dear Ken: 335 As indicated by the enclosed letter, the State Chairman of the Virginia FFA Foundation has issued a challenge to other County Boards of Supervisors. I am proud of the example set by you and your fellow supervisors. This example should encourage other localities to contribute to the FFA Founda- tion. Thanks again for your outstanding support of the Future Farmers of America and vocational agriculture. Very truly yours, /s/ Roger Roger L. Crosen Co- Chairman Northern Area Sponsoring Committee RLC /ja Enclosure cc: Mr. John R. Riley, Jr. PROCLAMATION FOR OBSERVANCE OF NATIONAL RURITAN WEEK - Mr. Riley read the following resolution: WHEREAS, Ruritan had its humble beginning on May 21, 1928, by a few leaders in Holland, Virginia; and WHEREAS, today, 58 years later, this organization has grown to a present membership of over 36,000 from North to South and East to West in these United States; and WHEREAS, the contribution by Ruritan under its motto: Fellowship, Goodwill, and Community Service has become one of the most active organizations in terms of community service; now, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, does hereby proclaim Sunday, May 18, 1986 as: RURITAN SUNDAY and the week of May 18 -24, 1986, as: RURITAN WEEK in Frederick County and commend this observance to all members. /s/ Kenneth Y. Stiles Kenneth Y. Stiles, Chairman /s/ Rhoda W. Maddox Rhoda W. Maddox i /s/ Will L. Owings Will L. Owings, Vice - Chairman /s/ Robert M. Rhodes Robert M. Rhodes ATTEST: /s/ John R. Riley, Jr. John R. Riley, Jr., Clerk Board of Supervisors /s/ Thomas B. Throckmorton Thomas B. Throckmorton Is/ C. William Orndoff, Jr. C. William Orndoff, Jr. Upon motion made by C. William Orndoff, Jr., seconded by Robert M. Rhodes and passed unanimously, the above resolution was approved. BOARD INVITED TO MEETING IN FRONT ROYAL 336 Mr. Stiles stated that the Board had received an invitation to a meeting, to be held in Front Royal on May 28, to discuss recent actions of the General Assembly. BOARD DISCUSSED LETTER RECEIVE FROM RICHARD HALL - SIZEMORE The Board discussed at length the recent ruling by the Attorney General, Mary Sue Terry, on Conflict of Interest, as well as correspondence received from the President of the Virginia Association of Counties, Richard Hall- Sizemore and his interpretation of this ruling. It was the consenus of the Board that they did not agree with Mr. Hall- Sizemore and that they would go on record stating this. Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, the Board requested that Mr. Riley send a letter to Mr. Hall- Sizemore stating the Board's feelings on the correspondence received. APPOINTMENT )F EDUCATION FROM SHAWNEE DISTRICT Mr. Stiles asked Mr. Throckmorton if he had a name to place in nomina- tion for the School Board seat from Shawnee District. Mr. Throckmorton replied that he did not and that Mr. Steve Culbert, whose term expires on June 30, had notified him that he did not wish to be reappointed. He further stated that if anyone was interested in serving on the School Board from his District, to please contact him. BOARD APPEALS BOARD'S ACTION OF FEB RUARY 14, 1979 - ERS° Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, the Board appealed the action of the Board of Supervisors dated February 14, 1979, "Criteria for Selection of Future School Board Members ". BOARD TO SELECT COMMITTEE TO NAME ROADS IN THE COUNTY Mr. Stiles stated that over the last few years interest had been shown by citizens and some Board Members in forming a Committee for the purpose of naming roads within the County. He further stated that he would like for each Board Member to present a name at the first Board Meeting in June to serve on this Committee. BOARD MEMBER THOMAS B. THROC AISES QUESTION ABOUT EAR 337 Mr. Throckmorton stated that real estate closings occurring after January 1 of this year have used the old tax rate inasmuch as the parties involved were not sure of what the new rate would be. He further inquired as to whether or not the Treasurer could be asked to give a thirty day grace period on this particular matter. Mr. Riley stated that he felt the Board would have some discretion on this. Mr. Owings stated that he felt the property owners should not be assessed this additional amount on the first half tax ticket, only the second half. Mr. Stiles referred this to the Finance Committee for their considera- i tion and recommendation. ING APPLICATION #005 -8 6 OF ELIZABETH H. SETTLE AND T - TABLED The rezoning application request of Elizabeth H. Settle and Rhoda S. Pidgeon was tabled by the Planning Commission. ING APPLICATION #006 -86 OF J. P. DARLINGTON - The rezoning application request of J. P. Darlington was withdrawn at the start of the meeting. REZONING APPLICAT #007 -86 OF J. P. DARLINGTON - The rezoning application request of J. P. Darlington was withdrawn. PRELIMINARY MASTER DEVELOPMENT PLAN - PARKWOOD MANOR - APPROVED Mr. Watkins, Planning and Development Director, presented this Master Development Plan and stated that the Planning Commission recommended approval. Mr. Ronnie Ward, Developer of Parkwood Manor, appeared before the Board on behalf of his request. No one appeared in opposition to this request. Upon motion made by Thomas B. Throckmorton, seconded by Will L. Owings and passed unanimously, the preliminary Master Development Plan of Parkwood Manor was approved. REVISED 1986 -1987 CAPITAL IMPROVEMENTS PLAN - APPROVED Mr. Stiles stated that the policy has always been on capital improve- ments projects that the various projects would be done based on necessity and the availability of funds. Fie announced that the date set for the tour of County Schools was May 27. 333 Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the Capital Improvements Plan was removed from Table and the revised 1986 -1987 Capital Improvements Plan was approved as presented: The following projects are listed in order of priority with number one as the highest and eighteen as the lowest priority. 86 -87 85 -86 PROJECT COSTS ($1,000) 1. 1. Landfill Replacement 2. 2. E &S Center Renovation & Addition 878 3. 3. New School - Gore Gainesboro 3,445 4. 5. Outdoor Pool Facilities 600 ** 5. 15a. Renovate Administrative Offices 100 6. 15b. Welfare Office -- 7. Dowell J. Howard Additions 516 8. Youth Sports Complex 300 9. 6. Equipment Storage Buildings, Clearbrook 20 10. 10. Renovate Athletic Facilities, Clearbrook 89 11. Tennis Courts, Clearbrook 100 12. Tennis Courts, Sherando 150 13. Basketball Courts, Clearbrook 28 14. Basketball Courts, Sherando 42 15. 11. Parking Lot, Sherando 67 16. 12. Parking Lot, Clearbrook 129 17. 14. Dog Kennel Renovation 35 18. Fruit Research Laboratory Property Acquisition 722 19. Stadium Complex -- 20. Middletown/ Stephens City Elementary School 4,100 TOTAL 11,321 NOTES * Costs of landfill replacement are variable, depending on the disposal option chosen. ** Costs obtained from consultants report to Parks and Recreation Commission. Total depends on purchase of one or two pools and are total costs, without State match. FIRE AND RESCUE COMMITTEE REPORT Mr. Orndoff, Chairman of the Fire and Rescue Committee, presented the following report and stated that it was for the Board's information and no action was necessary: The Fire and Rescue Committee met on April 21, 1986, at 7 :30 P.M., in the Round Hill Fire Company facility. All Fire Companies were represented. Also present were Bill Orndoff (Stonewall Supervisor), Robbie Rhodes (Back Creek Supervisor) and Bob Harriman. The following items were discussed: I. Items RequirinU Board Action None. II. Items Not Requiring Board Action A. Ron Draggoo and Kathy Budnie from the Parks and Recreation Department made a presentation to the firefighters concerning an opportunity to participate in some sort of competitive activity among the companies 339 during this year's Sherando Festival (June 28). The competition would /could be conducted on an annual basis with prizes awarded to the winning companies. The firefighters agreed to consider the request /offer during the Association meeting that followed the conclusion of this meeting. B. The Committee listened to a presentation from a fire and rescue 11equipment company. C. The utilization of FY87 Capital Expense funds were discussed I briefly. The needs expressed included multi -band radios, hand -held pagers I and hose. A short discussion was held on the merits of the County obtaining I cascade system. D. The need for annual financial reports for the FY 88 Budget was expressed and each company was asked to submit their annual report as quickly as possible after the close of the calendar year in order that the information would be considered by the Finance Committee in early January, 1987. E. Problems regarding parking in fire lanes and obstructing fire hydrants in the Delco Plaza area were discussed. Illegal parking of this nature is punishable by a $25 fine. The Sheriffs Department has been asked to increase their activity in this area. The Manager of Delco Plaza has been advised and is sending a memo to all occupants of the Plaza. F. The next meeting will be held May 19, 7 :30 P.M., at the Round Hill (Co. 15) facility. CODE AND ORDINANCE COMMITTEE REPORT Mr. Throckmorton, Chairman of the Code and Ordinance Committee, pre- sented the following report and stated that no action was necessary and that the Noise Ordinance would remain as it currently is in the County Ordinance :.. The Code and Ordinance Committee met on Monday, May 5, 1986, at 8 :30 A.M. in my office. Present were Thomas B. Throckmorton, Chairman of the Code and Ordinance Committee; C. William Orndoff, Jr.; Stephen G. Butler and John R. Riley, Jr. Robin H. Eddy was absent. The Committee submits the following: Discussion of Noise Ordinance The Committee reviewed and discussed the attached ordinance. It was 340 noted that previous discussions indicated some preference for a noise ordinance. After a lengthy discussion it was the consensus of the Committee that the Nuisance Ordinance should remain in its current form as long as it continues to be effective. Citizens with complaints should be referred to the Commonwealth's Attorney if there is a desire to pursue nuisance matters through the Courts. The Committee will also continue to follow the develop- ment of the City's Noise Ordinance with interest. PUBLIC WORKS COMMITTEE REPORT Mr. Orndoff, Chairman of the Public Works Committee, presented the following report: The Public Works Committee met on May 7, 1986, at 11:00 A.M., in the Conference Room in the Old Courthouse. All members were present. Also present were John Riley and Bob Harriman. The following items were discussed: I. Items Requiring Action A. The Committee endorsed the annual Litter Control Resolution for the Litter Grant. It is requested that the Board pass the attached resolution for the FY 87 grant. Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the above was approved. B. The Committee interviewed two architectural firms regarding their proposal for the study of the 9 Court Square complex and selected Lakin Harne Architects of Hagerstown, Maryland. It is requested that the Board endorse this selection. Lakin Harne would commence immediately and be completed within 6 -8 weeks. Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings and passed unanimously, the above was approved. II. Items Not Requiring Action A. The Committee discussed the attached memo concerning street lights. John Riley has written a letter to the Commonwealth's Attorney requesting his opinion regarding the collectability of these monies. PERSONNEL COMMITTEE REPORT Mr. Throckmorton, Chairman of the Personnel Committee, presented the following report: The Personnel Committee met on May 6, 1986. In attendance were Thomas B. Throckmorton, Will L. Owings, Clarence L. Hunter, John R. Riley, and Ann 341 K. Kelican. The Committee submits the following report and recommenda- tions: Office Hours In Treasurer's Office The Committee dicussed the office hours of the Treasurer's Office, especially during peak load periods, i.e. County decal sales, tax payments, etc. The Committee recommends that the Board of Supervisors have the County Administrator write a letter to the Treasurer requesting that the office be open on Saturday when necessary during these peak periods. Upon motion made by Thomas B. Throckmorton, seconded by Robert M. Rhodes and passed unanimously, the above recommendation was approved. Merit Evaluations/ Annually - Semi - Annually The Committee reviewed the attached information regarding merit evalua- tions on an annual and semi - annual basis. (See Attachment) No action was taken. Salary Survey The Committee discussed the feasibility of having a salary survey conducted and requested the County Administrator to obtain costs from several firms for this project for consideration by the Committee. No action was taken. New Position - Depute Director of Planning and Code Ad ministration and Enforcement The Committee recommends that the Board of Supervisors consider the creation of the position of Deputy Director of Planning and Code Administra- I tion and Enforcement in the Department of Planning and Development. Upon motion made by Thomas B. Throckmorton, seconded by Will L. Owings and passed unanimously, the above recommendation was approved and was requested that this be done as soon as possible. FINANCE COMMITTEE REPORT Mr. Owings, Chairman of the Finance Committee, presented the following report: The Finance Committee met on Tuesday, May 6, 1986. All members were present. The following items require Board action: Winchester- Frederick County Historical Society A General Fund appropriation of $5,000 is requested from the Ninchester- Frederick County Historical Society. The Committee recommends approval as a one time donation, FY 86 -87, with future donations to be 11considered during the Budget cycle. (See attached) 34 Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, the above recommendation was approved. Juvenile and Domestic Relations Court The Juvenile and Domestic Relations Court is requesting an appropria- tion transfer in the amount of $2,000 and also a supplemental appropriation, FY 85 -86, in the amount of $2,000. The Committee recommends approval. ( See attached) Mr. Throckmorton stated that he would be interested in knowing what other jurisdictions are doing with this particular situation. Upon motion made by Thomas B. Throckmorton, seconded by Will L. Owings and passed unanimously, the above recommendation was approved by the following recorded vote: Aye - Will L. Owings, Robert M. Rhodes, Rhoda W. Maddox and Thomas B. Throckmorton. Nay - Kenneth Y. Stiles and C. William Orndoff, Jr. The Board requested that Mr. Riley write to the Department of Correc- tions concerning this and report back to the Board. Division of Court Services The Division of Court Services is requesting appropriation transfers in the amount of $2,573.38, FY 85 -86. 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 Fund An appropriation of $5,000, FY 85 -86, is needed in the Regional Jail Fund for payment of overtime required by the Fair Labor Standards Act. The expenditure is 100% reimbursed by the Compensation Board, therefore no local funds are required. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above recommendation was approved. It was the consensus of the Board that they object to the raises being administered to the two employees as noted and they authorized Mr. Rhodes as Board Representative on the Regional Jail Board and Mr. Riley to continue to object to these pay raises. The Commonwealth's Attorney, Commissioner of the Revenue, Treasurer and Director of Information Services met with the Committee to discuss collec- tion of delinquent personal property taxes. The Committee recommends that we identify people still residing in Frederick County with unpaid personal 343 property taxes and after verification use the distress procedure for collec- tion. The Committee also recommends that we write off the amounts owed by persons no longer residing in the County. Should they return to Frederick County, the tax would still be collectible. TAX EXONERATION LIST DISCUSSED BY THE BOARD Mr. Riley discussed the tax exoneration list of 1984 and how it I compared to the 1985 list. The Board discussed various options they had on collecting these past due taxes. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, to check into various means the Board has at their discretion of collecting these past due taxes. INFORMATION SERVICES COMMITTEE REPORT Mrs. Maddox, Chairman of the Information Services Committee, stated that the Committee will select a committee to review applications received for the Director of Information Services position which will be vacated by Mrs. Helen Locke on June 6, 1986. 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 of Property will also be discussed. 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 Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, the Board reconvened into Regular Session. BOARD CANCELLED SECOND BOARD MEETING OF JUNE 10 Mr. Stiles stated that the second Board Meeting of June, June 25, would be cancelled. BOARD MOVED FIRST MEETING OF JUNE TO TUESDAY JUNE 10 Mr. Stiles stated that the first Board Meeting of June would be held on Tuesday, June 10 instead of Wednesday, June 11 due to James Wood's gradua- tion. 344 UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. oard of Supervi ors rmaoarc� f Supervisors B