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HomeMy WebLinkAboutJanuary 09, 1985 Regular MeetingI A Regular Meeting of the Frederick County Board of Supervisors was held on January 9, 1985, at 7:30 P.M., in the Board of Supervisors' Meeting Room, 9 Court Square, 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 Parker Perkins of the Clearbrook Presbyterian Church. ADOPTION OF AGENDA Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, the Agenda was adopted as presented. ORGANIZATION OF THE BOARD OF SUPERVISORS FOR 1985 Election of Vice - Chairman Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, Will L. Owings was reappointed as Vice- Chairman of the Board of Supervisors for 1985. Adoption of Rules of Order Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, Roberts Rules of Order was adopted as the Rules of Order for the Board of Supervisors for 1985. Appointment of Parliamentarian Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, John R. Riley, Jr. was appointed as the Parliamen- tarian for the Board of Supervisors for 1985. Selection of Time and Place of Meetin Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, 7;15 P.M. on the second and fourth Wednesdays of each month, in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia was approved as the time and place for Board Meetings for 1985. Committee Appointments Mr. Stiles read the following list designating which Committees each Board Member would serve on: I' l _ 2 Will L. Owings Chairman of Finance, Personnel, Public Works, School Board, Economic Development Commission. Robert M. Rhodes Chairman of Law Enforcement and Courts, Finance, Joint Judicial Center, Regional Jail. Rhoda W. Maddox Chairman of Information Services, Law Enforcement and Courts, Animal Care, Joint Judicial Center, Stream Standards, Gypsy Moth, Braddock House. Thomas B. Throckmorton Chairman of Code and Ordinance, Chairman of Personnel, Information Services, Airport Commission, Industrial Development Authority, Sanitation Authority, Regional Library. C. William Orndoff, Jr. Chairman of Public Works, Code and Ordinance, Agricultural District Advisory Board, A.S.C., Extension Advisory Board, Fire and Rescue. The above appointments were unanimously approved. Appointment/ Reappointment of Citizens to Various County Committees, Commissions, Boards, Etc. Code and Ordinance Committee Ms. Robin H. Eddy and Mr. Stephen G. Butler. Finance Committee Mr. Richard C. Shickle, Sr. and Mr. Carl F. Fryling, Jr. Information Services Committee Mr. Stanley G. Kukanich and Mr. Donald Johnson. Law Enforcement and Courts Committee Mr. Larry P. Coverstone and Mr. Charles R. Mcllwee Personnel Committee Lt. Col. James L. Longerbeam and Mr. Clarence L. Hunter. Public Works Committee Col. W. Wayne Miller and Mr. S. Blaine Wilson. The above appointments were unanimously approved. MILBURN REAPPOINTED TO PARKS AND RECREATION Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, Roger L. Milburn was reappointed to the Parks and Recreation Commission from Back Creek District, said term to commence on January 17, 1985 and terminate on January 17, 1989. PUBLIC HEARING AN ORDINANCE TO AME ION HAPTER 7 (ELECTI NS) OF THE : A CENTRAL ION 1 -2 OF 3 THE COUNTY CODE - APPROVED Upon motion made by C. William Orndoff, Jr., seconded by Robert M. Rhodes and passed unanimously, the following Ordinance amendment was approved: AN ORDINANCE TO AMEND CHAPTER 7 (ELECTIONS) OF THE FREDERICK COUNTY CODE BY THE ADDITION OF A CENTRAL ABSENTEE VOTER ELECTION DISTRICT TO SECTION 1 -2 OF THE COUNTY CODE. PLANNING COMMISSION BUSINESS PUBLIC HEARINGS - MERLE L. AND MARY A. SWARTZ - STONI Mr. Horne presented this request stating that the Planning Commission had unanimously approved this request with conditions. Mr. Swartz appeared before the Board on behalf of his request. Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings and passed unanimously, conditional use permit number 009 -84 of Merle L. and Mary A. Swartz, Route 1, Box 154, Clearbrook, Virginia for a Cottage Occupation/ Candy Making and Sales Operation on Route 11, North of Clearbrook was approved. This property is identified on Tax Map 3A as Parcel Number 20 in the Stonewall Magisterial District. AMEND CUP #022 -80 - THC MAGISTERIAL DISTRICT - AND BARBARA CONRAD - OPEQUON Mr. Horne presented this request and explained why this amendment was being requested. Mr. Conrad appeared before the Board to answer any questions the Board might have. Mr. Horne noted that he had had a number of inquiries with regard to this request from area citizens but no one had appeared in opposition at the Planning Commission Meeting. Mr. Owings stated that he had talked to a number of residents in the area and that no one objected to this request. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, conditional use permit number 022 -80 of Thomas and Barbara Conrad, Bon Air Home, Stephens City, Virginia for an amendment to the conditions on their permit for a convalescent and nursing home on Route 11, South of Stephens City was approved with conditions as noted by the Planning Commission. This property is identified on Tax Map 85 as Parcel Numbers 62, 66 and 67 in the Opequon Magisterial District. 4 OTHER PLANNING COMMISSION ITEMS SUBDIVISION REQUEST - BAKER LANE INDUSTRIAL PARK - Mr. Larrick, Attorney for Mr. Darlington, was not present at this time so this request was tabled until later in the meeting. REVISED ROAD RESOLUTION - LENOIR DRIVE - APPROVED Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the following resolution was approved: BE IT RESOLVED, that the Board of Supervisors hereby declares that the section of Lenoir Drive, which has been replaced by a newly constructed section of roadway and its intersection, is hereby abandoned pursuant to Section 33.1 -148 of the Code of Virginia, 1950, as amended. AND FURTHER BE IT RESOLVED, that the Board declares that the newly constructed section of roadway serves the same citizens and is constructed in lieu thereof. AND FURTHER BE IT RESOLVED, that the Virginia Department of Highways and Transportation is hereby requested to add the following section of road to the Secondary System of Frederick County pursuant to Section 33.1 -229 of the Code of Virginia, 1950, as amended: The new right -of -way section of Lenoir Drive and and its new intersection, a distance of approximately .05 miles; AND FURTHER BE IT RESOLVED, that the Board does guarantee the Commonwealth of Virginia an unrestricted right -of -way of 80 feet with all necessary easements for cuts, fills and drainage; recorded in Deed Book 584, Page 268, dated October 19, 1984, in the Office of the Clerk of the Circuit Court. PUBLIC WORKS COMMITTEE REPORT Mr. Orndoff, Chairman of the Public Works Committee, presented the following report: The Public Works Committee met at 11:30 A.M., January 2, 1985, in the Conference Room. All members were present. Also present were Paul Rhinehart, Forrest Grady and Monty Edwards from the West Virginia Department of Natural Resources, Division of Water Resources at Romney. Staff members present were John Riley, John Dennision and Bob Harriman. The following items were discussed: A. The present size of the Board of Building Appeals was discussed. The Law requires a minimum of five (5) members. The Board has appointed five. The Law requires that the Board convene within 10 working days of an appeal submittal. There may be situations in the future when, due to relative short notice, one or two members may not be able to fit the convening of the Board of Building Appeals into their schedule. The Committee recommended that the Board of Supervisors appoint two additional members to act as alternatives. Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings and passed unanimously, the above recommendation was approved. Items Not Requiring Action A. Mr. Forrest Grady and Mr. Monty Edwards discussed the "growing" piles of discarded tires in Morgan, Hardy and Grant Counties. They indicated that their Offices were willing to work with the appropriate offices of Virginia toward solving the problem. It was decided that the problem was national rather than regional. B. Discussed the Environmental Utilities Corporation (EUC) contractual proposal and directed the Public Services Director to pose some questions to EUC to be answered prior to a late January meeting with EUC. C. Reviewed the budget submittals of the Public Services Department. D. Noted the Frederick- Winchester Service Authority action taken in regard to a Project Manager on December 26th: The Frederick - Winchester Service Authority at its November 27, 1984 meeting passed a motion that the Authority hire a full -time permanent employee as project manager. Subsequent announcement to the Winchester City Council, and action by the Frederick County Board of Supervisors indicates that neither the City nor the County is in agreement with this new employee being retained as a permanent employee; however, both the City and County accept the employment of an individual to oversee construction and maintain records during the wastewater facilities construction. Since the Authority recognizes the need to proceed with the immediate employment of an individual to co- ordinate grant activities, the following motion is offered: Move that the Authority amend its motion of November 27, 1984 to indicate that the individual employed as Project Manager be employed to oversee the construction and grant responsibilities associated with the Regional Wastewater Treatment Facilities; that such employment is proposed to terminate upon completion of construction and grant close -out; and that said position is eligible for 75% Federal funding, with the understanding that certain tasks associated with the normal activities of the Authority may not be grant eligible The following motion is also offered: Move that the Service Authority has no objection to the individual employed as Project Manager being included on City pay -roll, with City benefits, providing: 1. FWSA has exclusive rights to hire, establish salary fire, establish duties and control utilization of time. 2. City agrees not to terminate nor fail to pay employee until such time as FWSA no longer requires services of employee per the Authority's previous employment decision as numerated in the above underlined paragraph. 3. FWSA agrees to reimburse City quarterly for salary and benefit costs. Failure to reimburse City would be grounds for City to stop paying employee. Upon motion made by Thomas B. Throckmorton, seconded by Robert M. Rhodes and passed unanimously, the above was approved. T E. The County Administrator reported that we had received verbal approval from the local Health Department, Dr. Pedersen, to extend the deadline on septage handling for 6 months. Mr. Riley indicated that he is working with Delegate Smith to gain further relief until the Wastewater Treatment Plant is complete and on line. Mr. Stiles requested that Dr. Pedersen be contacted and that this verbal agreement be included in a letter from him to the County. SUBDIVISION REQUEST - BAKER LANE INDUSTRIAL PARK - APPROVED Mr. Horne presented this request stating that the Planning Commission had approved this with amendments to meet requirements of the Sanitation Authority and Fire Company. Mr. Randolph Larrick, Attorney for Mr. Darlington, appeared before the Board on behalf of this request. Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the subdivision request of Mr. Darlington for Baker Lane Industrial Park was approved. LAW ENFORCEMENT AND COURTS COMMITTEE REPORT Mr. Rhodes, Chairman of the Law Enforcement and Courts Committee, presented the following report and stated that it was for information only: The Law Enforcement and Courts Committee met on Thursday, January 3, 1985, at 10:00 A.M. Rhoda Maddox, Charles Mcllwee and Larry Coverstone were present. Also present were Walt Cunningham, Sheriff Bruce, Captain John Liggett and John Riley. Robert M. Rhodes was absent. The Committee submits the following: Discussion of Fire Investigator Request Chief Cunningham from the Greenwood Fire Department appeared before the Committee and advised them of the need for an Investigator in the Sheriff's Department trained in arson investigation. Information provided indicates that there were eighty fires of suspicious origin of which forty were investigated. In many instances someone must stay on the scene to await arrival of a State Investigator to preserve the evidence. If the scene is left unattended then the chance of solving the case is remote. The Sheriff indicated that no one is currently trained in this area but that Schools were available in Williamsburg and Richmond. The Committee received this as information and forwards same to the Board of Supervisors. 7 Discussion of Sheriffs Department Budget The Committee reviewed the Sheriffs budget and refers same on to the Board of Supervisors. FINANCE COMMITTEE REPORT Mr. Owings, Chairman of the Finance Committee, presented the following report: The Finance Committee met on Thursday, January 8, 1985 with Mr. Owings, Mr. Rhodes and Mr. Shickle present. The following items require Board action: Parks and Recreation - Fees and Charges The Frederick County Parks and Recreation Department presented the attached fees and charges, as recommended by the Parks and Recreation Commission, to the Board at the December 12, 1984 meeting. It was referred to the Finance Committee. The Finance Committee recommends the following changes: Adult Leagues Parks and Recreation should bring 120% of direct cost figures to the Finance Committee showing the composition of the direct costs. Sherando Festival - Parking $1.00 per car Parks and Recreation should develop a plan as to how this would be accomplished and present it to the Finance Committee before the 1986 Festival. All other areas were approved as recommended by the Commission. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above was approved. Request for Appropriation - $29,492 Request for appropriation for the School Operating Fund in the amount of $29,492, for the Vocational- Assessment Project. 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. Request for Appropriation - $229,000 Request for appropriation for the School Cafeteria Fund in the amount of $229,000. 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. Request from Dr. Walker - I Salaries from $1,200 to $2,4C a School Board Me Request from Dr. Walker to raise School Board salaries from $1,200 to $2,400. The Committee recommends that the Board of Supervisors recommend an 0 increase up to $2,400 to the General Assembly and then let the School Board determine the exact dollar amount of their salary. The above was denied by the following recorded vote: Aye - Will L. Owings, Robert M. Rhodes and Rhoda W. Maddox. Nay - Kenneth Y. Stiles, Thomas B. Throckmorton and C. William Orndoff, Jr. Request for General Fund Appropriation - $364 and $1,635 Request for General Fund appropriation for the Registrar and Board of Elections (as approved by the State) in line item 10- 1301 - 1006 -01, $364 and line item 10- 1302 - 1001 -01, $1,635. No additional local funds are required. 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. Request for General Fund Appropriation Transfer - $1,750 Request for General Fund appropriation transfer for Commissioner of the Revenue in the amount of $1,750. The funds would be transferred from operating contingency to 10- 1209 - 5401 -00. The appropriation is needed for the purchase of County decals. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by Thomas B. Throckmorton and passed unanimously, the above recommendation was approved. The following items do not require Board action and are for information only: 1. Randolph Jones with Robinson, Farmer and Cox presented our audit report. He stated that if anyone has questions, please do not hesitate to contact him. 2. A meeting is being scheduled with the telephone company to learn more about Enhanced 911. 3. A meeting is being scheduled with Winchester and Clarke County to set up a work session regarding regional budgets. 4. Information was distributed regarding the business license tax. No action was taken. We will gather more information and present it at a later date if requested. Mrs. Maddox stated that she had had time during the meeting to think about number 1 of this report, "Sherando Festival - Parking $1.00 per car ", and she did not feel that a $1.00 per car was excessive. Mr. Owings stated that this had been discussed at length by the Committee and they felt that inasmuch as the County would soon be asking for I donations for two pools that it would be better to wait until 1986 to put this into effect. Mr. Rhodes stated that traffic congestion on 277 caused by the Festival was also discussed and it was felt that this should be reviewed before a final decision was made on a parking fee. 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 Section 2.1 -344, Subsection A (1) and (6) to discuss Personnel and disposition of County property. BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by Will L. Owings, 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 Will L. Owings and passed unanimously, the Board reconvened into Regular Session. D REJECTED ALL BIDS RECEIVED DDLETOWN SCHOOL Mr. Owings stated that all bids received for the Middletown School property had been received and it was the Board's decision to notify all bidders that the Board had rejected all bids. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. man, Board /of Supervisors