HomeMy WebLinkAboutApril 10, 1985 Regular Meetingrayll
A Regular Meeting of the Frederick County Board of Supervisors was held
on April 10, 1985, at 7:30 P.M., in the Board of Supervisor's 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 Gina Wyse of the Christian
Fellowship Church.
ADOPTION OF AGENDA
Mr. Throckmorton requested time under "Committee Reports" for a report
to the Board on Airport operations.
Mr. Riley noted that there was a resolution from the Industrial
Development Authority that the Board should take action on.
Upon motion made by C. William Orndoff, Jr., seconded by Thomas B.
Throckmorton and passed unanimously, the Agenda was adopted as amended.
RYLAND S. "PETE" CARPER APPOINTED TO SANITATION AUTHORITY
FROM GAINESBORO DISTRICT
Mrs. Maddox expressed thanks to Mr. Adams, retiring member from Gaines-
boro District, for all his efforts while serving on the Sanitation Authority
for the last nine years.
Upon motion made by Rhoda W. Maddox, seconded by Thomas B. Throckmorton
and passed unanimously, Ryland S. Carper was appointed to the Sanitation
Authority from Gainesboro District, said term to commence on April 15, 1985
and terminate on April 15, 1989.
COUNTY OFFICES TO CLOSE FOR APPLE BLOSSOM FESTIVAL
Upon motion made by Robert M. Rhodes, seconded by Thomas B.
Throckmorton and passed unanimously, all County Offices will close on May 3,
1985 for the Apple Blossom Festival.
RESOLUTION PRESENTED TO GARY DUBRUELER FOR OUTSTANDING
YOUNG FIREMAN
Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr.
and passed unanimously, the following resolution was approved:
WHEREAS, Gary DuBrueler is a member of the Middletown
Fire and Rescue; and
WHEREAS, he has faithfully served the citizens of
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Frederick County devoting many hours to the protection and well being of
County citizens; and
WHEREAS, he was honored by the Winchester - Frederick
County Jaycees as the "Outstanding Young Fireman ".
NOW, THEREFORE, BE IT RESOLVED, the Board of
Supervisors of the County of Frederick, Virginia, wishes to express their
congratulations and appreciation to Gary DuBrueler for his service to the
citizens of Frederick County.
BE IT FURTHER RESOLVED, that a true copy of this
resolution be delivered to Mr. DuBrueler.
RESOLVED, this 10th day of April, 1985.
/s/ Kenneth Y. Stiles /s/ Rhoda W. Maddox
Kenneth Y. Stiles, Chairman Rhoda W. Maddox
/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
/s/ C. William Orndoff, Jr.
C. William Orndoff, Jr.
INDUSTRIAL DEVELOPMENT AUTHORITY FUNDING RESOLUTION -
APPROVED
Upon motion made by Thomas B. Throckmorton, seconded by Will L. Owings
and passed unanimously, the following resolution was approved:
WHEREAS, the State of Virginia, through Executive Order
Number 54(85), has allocated $2,613,150 to the County of Frederick for use
as industrial development bonds under the Deficit Reduction Act of 1984;
and,
WHEREAS, the Industrial Development Authority continues
to be the County's designated authority for the issuance of these bonds.
THEREFORE, BE IT RESOLVED, that the Frederick County
Board of Supervisors does hereby designate and allocate its entire local
allocation, under the above Executive Order, to the Industrial Development
Authority of the County of Frederick, Virginia.
OLD BUSINESS
BOARD APPROVES 1985 -1986 COUNTY BUDGET
Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and
passed unanimously, the 1985 -1986 Budget in the amount of $36,434,692 with
rates as follows: Real Estate, 54; Personal Property, $4.35; Machinery,
$4.35 and Merchants Capital, $4.00 was approved.
AN ORDINANCE
ONS
THE FREDERICK COUNTY
-2-6
Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff,
Jr. and passed unanimously, the following Ordinance amendment was approved:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE,
M A
CHAPTER 7, ELECTIONS, BY THE ADDITION OF SECTION 2 -2 -6
TO ARTICLE II, CENTRAL ABSENTEE VOTER ELECTION DISTRICT
AS FOLLOWS:
for all Elections (except town Elections for Middletown and Stephens
City) to be held at 9 Court Square, Winchester, Virginia in the County
Board of Supervisor's Room.
AN ORDINANCE TO AMEND THE FREDERICK COUNTY
am
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
1, GENERAL PROVISIONS, ARTICLE I, PROVISIONS GENERALLY,
SECTION 1 -2, DEFINITIONS AND RULES OF CONSTRUCTION AS
FOLLOWS:
Computation of Time - The time within which an act is to be done after
any event or judgement shall be computed by excluding the day on which
such event or judgement occurred and including the last day; and if the
last day be Sunday or a legal holiday, that day shall be excluded.
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER
Upon motion made by Thomas B. Throckmorton, seconded by C. William
Orndoff, Jr. and passed unanimously, the following Ordinance amendment was
approved:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER
1, GENERAL PROVISIONS, ARTICLE I, PROVISIONS GENERALLY,
SECTION 1 -6, GENERAL PENALTY; CONTINUING VIOLATIONS,
PARAGRAPH 1 -6 -1 AS FOLLOWS:
...the violation of any such provision of this Code of such Ordinance
shall be punished by a fine not exceeding one thousand dollars or
imprisonment in the County jail not exceeding twelve months,....
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER
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
2, ADMINISTRATION, ARTICLE I, IN GENERAL, SECTION 1 -2,
FEE FOR BAD CHECKS, TO INCREASE THE FEE FROM TEN TO
TWENTY DOLLARS AS FOLLOWS:
There shall be a twenty dollar fee placed on any person or business for
uttering, publishing, or passing of any check or draft for payment of
taxes or any other sums due, which is subsequently returned for
insufficient funds or because there is no account, or the account has
been closed.
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER
2, ADMINISTRATION, ARTICLE - II, - BOARD -OF- SUPERVISORS,
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SECTION 2 -2, RULES OF PROCEDURE, PARAGRAPH 2 -2 -2
Upon motion made by Thomas B. Throckmorton, seconded by C. William
Orndoff, Jr. and passed unanimously, the following Ordinance amendment was
approved:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER
2, ADMINISTRATION, ARTICLE II, BOARD OF SUPERVISORS,
SECTION 2 -2, RULES OF PROCEDURE, PARAGRAPH 2 -2 -2 AS
FOLLOWS:
...the Chairman shall make appointments for filling vacated permanent
or temporary Committee positions (seats) within ten days after receiv-
ing notification of the Member's intent to vacate his position
(seat).
AN ORDIN ANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER
Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff,
IJr. and passed unanimously, the following Ordinance amendment was approved:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER
2, ADMINISTRATION, SECTION 4 -6, LIABILITY, PARAGRAPH
4 -6 -1 AS FOLLOWS:
The Commission shall be an independent body corporate, charged with the
duties set forth in this Ordinance, and the participating political
subdivisions shall not be responsible for its acts.
AN ORDINANCE TO REPEAL THE FREDERICK COUNTY CODE, CHAPTER
6, BUILDINGS
Upon motion made by C. William Orndoff, Jr., seconded by Thomas B.
Throckmorton and passed unanimously, the following Ordinance to repeal
Chapter 6, Buildings was approved:
AN ORDINANCE TO REPEAL THE FREDERICK COUNTY CODE, CHAPTER
6, BUILDINGS AS FOLLOWS:
This Chapter includes provisions for the adoption, administration and
enforcement of the Virginia Uniform Statewide Building Code and for the
administration of a house numbering system.
AN ORDINANCE TO ENACT THE FREDERICK COUNTY CODE, CHAPTER
6. BUILDINGS
Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings
and passed unanimously, the following Ordinance to enact Chapter 6,
Buildings was approved:
AN ORDINANCE TO ENACT THE FREDERICK COUNTY CODE, CHAPTER
6, BUILDINGS AS FOLLOWS:
This Chapter includes provisions for the administration and enforcement
of the Virginia Uniform Statewide Building Code and the administration
of a house numbering system.
SUBDIVISION REQUEST - LENOIR CITY COMPANY OF VIRGINIA -
APPROVED
Mr. Horne presented this request stating that the Planning Commission
unanimously recommended approval.
r*
Upon motion made by C. William Orndoff, Jr., seconded by Robert M.
Rhodes and passed unanimously, the subdivision request of Lenoir City
Company of Virginia for the subdividing of two lots for industrial purposes
was approved.
PLANNING COMMISSION BI- MONTHLY REPORT PRESENTED FOR
BOARD'S INFORMATION
Mr. Stiles noted that this Bi- Monthly Report was being presented to the
Board for their information.
PERSONNEL COMMITTEE REPORT
Mr. Throckmorton, Chairman of the Personnel Committee, presented the
following report:
The Personnel Committee met on Tuesday, April 2, 1985, with the
following members in attendance: Thomas B. Throckmorton, Chairman; Will L.
Owings; James L. Longerbeam; John R. Riley, Jr. and Ann K. Kelican. Mr.
Clarence L. Hunter was absent. The Committee submits the following report
and recommendations to the Board of Supervisors for consideration:
1. Personnel Administration Division of Court Services: In
conjunction with the recently executed management contract for the operation
of the Division of Court Services by Frederick County, it was requested that
the Account Clerk currently employed by the Division of Court Services be
transferred to an Account Clerk II position in the Frederick County Finance
Department at the current salary of $12,000.
The Committee recommends approval of this request and further
recommends that funds in the amount of $3,526 be appropriated from Fund
Balance and transferred as set forth below:
Salary $3,000 to Line Item 1214 - 1001 -35
FICA $212 to Line Item 1214 - 2001 -00
VSRS $181 to Line Item 1214 - 2002 -00
BC /BS $123 to Line Item 1214 - 2005 -00
Workman's Comp $10 to Line Item 1214 - 2011 -00
Mr. Orndoff asked if the Division of Court Services Program was not
continued after July 1, 1985 would this mean this position would be elimi-
nated or would it become a permanent position within the Finance Depart-
ment.
Mr. Riley replied that he was not prepared at this time to answer this
but he did feel the position could be justified.
Mr. Stiles stated th at he felt the funding involved in having this
position moved to the County Finance Department should be charged to the
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other participating jurisdictions inasmuch as this move does involve them,
at least until July 1, 1985.
Upon motion made by Thomas B. Throckmorton and seconded by Robert M.
Rhodes, the above was passed by the following recorded vote: Aye - Kenneth
Y. Stiles, Robert M. Rhodes, Rhoda W. Maddox, Thomas B. Throckmorton and C.
William Orndoff, Jr. Mr. Owings abstained.
I
2. Department Head Merit Evaluations: The Committee reviewed the
merit evaluations of the Parks and Recreation Director, the Finance Director
and the Planning and Development Director and recommends approval of these
evaluations as submitted.
This will be acted upon in Executive Session.
3. The Personnel Committee requests an Executive Session in accordance
with Virginia Code Section 2.1 -344, Subsection A (1) to discuss a personnel
matter.
PUBLIC WORKS COMMITTEE REPORT
Mr. Orndoff, Chairman of the Public Works Committee, presented the
following report and stated that it was for the Board's information and
no action was necessary:
The Public Works Committee met on April 3, 1985, at 11:30 A.M., in the
Conference Room. All members were present. Also present were John Riley,
John Dennison and Bob Harriman.
The following items were discussed:
I. Items Requiring Action
None.
II. Items Not Requiring Action
A. The Committee discussed building permit fees and asked the Building
Official and Public Services Director to provide additional information
concerning those fees at the next meeting.
B. The Information Sharing Seminar for the building contractors
scheduled for 7:30 P.M. on April 4 was discussed.
C. The Committee was advised that a Chapter of the Virginia Building
Officials Association has sent a letter to the State requesting that the
State initiate a program to inspect and license on an annual basis all fair
rides operating in Virginia. The local Building Official would then be
responsible for setting up inspections.
D. The possibility of utilizing third party inspectors contracted by
the County during busy times was discussed.
E. The Committee discussed building renovation and asked that a
representative from an architectural firm attend the next meeting.
F. The Westminster/ Canterbury Inspection Agreement submitted by
Winchester was discussed and numerous changes were recommended.
G. The Committee discussed the need of an additional fire hydrant at
Hillcrest Nursing Home. It was agreed that the request be reconsidered.
The Chief of the Round Hill Fire Company will be contacted for more
definitive locating information.
H. Discussed a letter from the Winchester Medical Center proposing a
joint effort to upgrade emergency communications within the County utilizing
micro -wave techniques. The Public Services Director is to continue discuss-
ing the proposal.
LAW ENFORCEMENT AND COURTS COMMITTEE REPORT
Mr. Rhodes, Chairman of the Law Enforcement and Courts Committee,
presented the following report stating that it was for the Board's informa-
tion and that no action was necessary:
The Law Enforcement and Courts Committee met on Thursday, April 4,
1985, at 10:00 A.M., in the Conference Room. Present were Robert M. Rhodes,
Rhoda W. Maddox, Larry P. Coverstone and John R. Riley, Jr. Also present
were Ann Kelican, Sheriff Roscoe Bruce and John Liggett. Mr. Mcllwee was
absent. The Committee submits the following report:
Discussion of Personnel Action Plan by the Sheriff's
t
The Committee discussed the increases adopted for the Sheriffs Depart-
ment employees by the General Assembly. The option set forth by the Board
of Supervisors was also discussed. The Sheriff will notify the Board of
Supervisors of the decision to separate or stay with the County.
Discussion of the Division of Court Services
The County Administrator briefed the Committee on the status of the
Division of Court Services and the action taken to date by the Board of
Supervisors.
FINANCE COMMITTEE REPORT
Mr. Owings, Chairman of the Finance Committee, presented the following
report:
The Finance Committee met on Tuesday, April 2, 1985, at 7:00 P.M., in
the Conference Room. Present were Will L. Owings, Robert M. Rhodes, Richard
LM
C. Shickle, Sr. and John R. Riley, Jr. Absent were Mr. Fryling and Finance
I Director, Barbara Ratcliff. The Committee submits the following report:
Request
from
Sheriff's Department to Transfer
$4,000.00
Request
from
the Sheriffs Department to
transfer $4,000.00 from
10- 3301 - 5402 -00 (Food Supplies and Food Service Supplies) to 10- 3301 - 3001 -00
(Professional Health Services) for medical and hospital services. The
Committee recommends approval.
Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and
passed unanimously, the above recommendation was approved.
Request from Parks and Recreation for Transfer of $950.00
and $950.00
Request from Parks and Recreation for a transfer of $950.00 from
j 10- 7104 - 3010 -01 (Contractual Services - Centers and Playgrounds) and $950.00
i
from 10- 7104 - 3010 -02 (Contractual Services - Sports and Athletics) to
10- 7101 - 3007 -00 (Advertising) . The Committee recommends approval but is
requesting additional support documentation for the Board Meeting.
Mr. Owings questioned Mr. Cheely about the advertising for the Sherando
Festival and moved for approval having heard Mr. Cheely's reply.
Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and
passed unanimously, the above recommendation was approved.
Request from Parks and Recreation for an Appropriation
of $10,000
Request from Parks and Recreation for an appropriation of $10,000 in
10- 7104 - 5414 -00 (Merchandise for Resale) to purchase tickets to Busch
Gardens and Kings Dominion at a profit of $1.00 per ticket. No additional
local funds are needed. The Committee recommends approval but is requesting
additional support documentation for the Board meeting.
Mr. Owings asked if the County would have to pay for the tickets that
were not sold.
Mr. Cheely replied no.
Mr. Owings asked Mr. Ambrogi if the County could be held liable the
fact they are acting as an Agent.
Mr. Ambrogi replied no.
Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and
passed unanimously, the above recommendation was approved.
e
!st from County Administrator and Commissioner of
evenue to A ward Bid for General Reassessment
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Request from the County Administrator and Commissioner of the Revenue
to answered the bid for the General Reassessment of the County to Blue Ridge
Appraisal Service at $6.50 per parcel or $191,500. It is also requested the
Board consider appointments to the Board of Assessors and Board of
Equalization and set a per diem rate for same. The Committee recommends
approval and requests that the County Administrator be authorized to execute
a contract with Blue Ridge Appraisal Service for the amount indicated.
Mr. Hickey, of Blue Ridge Appraisal Service, appeared before the Board
to answer any questions the Board might have.
Upon motion made by Will L. Owings, seconded by Thomas B. Throckmorton
and passed unanimously, the above recommendation was approved.
Westminster/ Canterbury of Winchester - Tax Exempt Status
See attached letter from George W. Johnston, III concerning designation
of Tax Exempt Status for Westminster/ Canterbury of Winchester. The
Committee recommends approval and requests that Delegate Alson Smith to
request amendment of the Tax Code at the 85 -86 session of the General
Assembly.
Mr. George Romine was present on behalf of Westminster/ Canterbury of
Winchester.
Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and
passed unanimously, the above recommendation was approved pending like
approval by the City of Winchester.
Enhanced 911 Program
The Board of Supervisors has asked for a recommendation concerning the
Enhanced 911 Program. If the County and City both participate, the cost
would be 17f per phone customer. The cost would be double per County
customer if the City doesn't participate. The Committee recommends that a
Public Hearing be held at the advertised rate of 17� and that the County
Administrator be authorized to execute a letter of intent with Bell
Atlantic.
Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and
passed unanimously, the above recommendation was approved.
Mr. Riley will coordinate this with the City of Winchester in hopes of
having the Public Hearing at the same time.
Hotel /Motel Tax
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The Committee recommends that a Public Hearing be held to consider
adopting a Hotel /Motel Tax and to petition the General Assembly to allow
Frederick County to pro -rate Personal Property Tax.
Mr. Stiles asked if this tax would go into effect July 1, 1985.
Mr. Riley replied that would depend upon the Board.
The Board discussed with Mr. Rudolph, Commissioner of the Revenue, the
possibilities of the County pro- rating personal property taxes.
After discussion, the Board felt more information was needed before a
decision could be made.
Mr. Stiles requested that this be referred back to the Finance
Committee for further study.
Items Requiring No Action
1. Retaining an Architect and Engineer for construction of two pools
at an appropriate cost of $100,000.
2. Winchester Regional Airport Commission's FY 85 -86 Budget.
3. Received notification that the Board of Zoning Appeals may be
meeting monthly and that if they do their Budget will double.
BOARD DISCUSSES REGIONAL AIRPORT OPERATION
Mr. Throckmorton noted that $12,000 had been spent for capital
improvements in the 83 -84 Budget bearing a balance in this line item of
$23,000, however, since that time this $23,000 has been implemented else-
where.
The Board felt very strongly if funds are earmarked for capital
improvements they should not be spent elsewhere.
Mr. Throckmorton advised the Board that there was an increase in
insurance rates but the Commission was not made aware of this, therefore
they budgeted $8,800 for this particular line item when $14,345 was actually
expended due to the increase.
Mr. Stiles stated that he felt the Board had always shown their support
for the Airport but this support is not solely for picking up losses and
deficits. He further stated that the agreement needed to be reworded and he
would like to get this resolved before another year.
Mr. Paul Anderson, County representative on the Airport Commission,
stated that perhaps if the Commission could go directly to the Council with
their concerns rather than going through the three Committees that they are
currently going through, that this would help considerably.
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Mr. Riley will discuss this with Mr. Seldon and report back to the
Board.
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 Legal and Personnel matters and disposi-
tion of real property.
BOARD WITHDREW FROM EXECUTIVE SESSION
Upon motion made by Will L. Owings, seconded by Rhoda W. Maddox and
passed unanimously, the Board withdrew from Executive Session.
BOARD RECONVENED INTO REGULAR SESSION
Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff,
Jr. and passed unanimously, the Board reconvened into Regular Session.
ARMEL SCHOOL PROPERTY OFFERED TO HIGH BIDDER
Upon motion made by C. William Orndoff, Jr. and seconded by Robert M.
Rhodes, the Armel School Property will be offered to the high bidder, Timber
Ridge Ministries, for $30,000. This will be advertised for Public Hearing
for the May 8, 1985 Board Meeting.
The above was passed by the following recorded vote: Aye - Kenneth Y.
Stiles, Will L. Owings, Robert M. Rhodes, Rhoda W. Maddox and C. William
Orndoff, Jr. Mr. Throckmorton abstained.
DEPARTMENT HEAD EVALUATIONS - APPROVED
Upon motion made by Thomas B. Throckmorton, seconded by C. William
Orndoff, Jr. and passed unanimously, the evaluations of Department Heads
Needham S. Cheely, 111, Parks and Recreation Director; John T. P. Horne,
Planning and Development Director and Barbara Ratcliff, Finance Director
were approved as submitted.
SALARY INCREASE FOR COUNTY ADMINISTRATOR - APPROVED
Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and
passed unanimously, a salary increase for County Administrator, John R.
Riley, Jr. from $37,000 to $39,000 per year effective April 1, 1985 was
approved.
COUNTY ADMINISTRATOR GIVEN AUTHORITY TO TAKE CERTAIN
ACTION ON DIVISION OF COURT SERVICES' MATTERS
The Board gave the County Administrator authority to take certain
action on Division of Court Services' matters until June 30, 1985.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY,
IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN.
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rman, goar4 Supervisors
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