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HomeMy WebLinkAboutJune 26, 1985 Regular Meeting121: A Regular Meeting of the Frederick County Board of Supervisors was held on June 26, 1985, at 7:15 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 John F. Fitzgerald of the Big Brothers /Big Sisters Organization. ADOPTION OF AGENDA Mr. Riley stated that he had two brief presentations. Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the Agenda was adopted as amended. APPROVAL OF MINUTES Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, the minutes of the Regular Meeting of May 8, 1985 were approved as submitted. Upon motion made by C. William Orndoff, Jr., seconded by Thomas B. Throckmorton and passed unanimously, the minutes of the Regular Meeting of May 22, 1985 were approved as submitted. APPOI SOCIAL SERVICE FROM GAINESBORO The appointment to the Social Services Board from Gainesboro District was tabled until the July 10, 1985 Board Meeting. YNEZ HETLAND APPOINTED TO THE Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, Ynez Hetland was appointed to the Board �F ASSESSORS FROM of Assessors as a representative from Shawnee Magisterial District. . HEADLEY TO THE BOARD RS Upon motion made by Rhoda W. Maddox, seconded by Robert M. Rhodes and passed unanimously, Joe Headley was appointed to the Board of Assessors as a representative from Gainesboro District. OLD BUSINESS AMEND CHAPTER 9, FINANCE AND TAXATION, OF THE FREDERICK COUNTY CODE, BY THE ADDITION OF SECTION 9 -3 -1 TO ARTICLE 122 IX - APPROVED Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, the following Ordinance amendment was approved contingent upon like approval by the City of Winchester: Billing for this will commence as soon as possible after vote is taken by the City and approved. AMEND CHAPTER 9, FINANCE AND TAXATION, OF THE FREDERICK COUNTY CODE, BY THE ADDITION OF SECTION 9 -3 -1 TO ARTICLE IX TO READ AS FOLLOWS: A local user fee of seventeen cents (17�) to each Chesapeake and Potomac Telephone user is hereby adopted. The purpose of this fee is to allow for the implementation of an Enhanced 911 Emergency Telephone System. PRESENTATION OF PLAQUE TO THE BOARD OF SUPERVISORS Mr. Riley stated that a FFA Plaque was presented to him for the Board of Supervisors at the FFA Convention held recently in Blacksburg thanking the Board for their recent donation of $1,000 to the Foundation. PRESENTATION OF PLAQUE TO THE BOARD OF SUPERVISORS AND Mr. Riley stated that he had recently attended the County Administrator's Conference in Virginia Beach, along with Mr. Seldon from the City of Winchester, at which time they toured the USS Shenandoah and was presented a plaque for both jurisdictions which will be placed in the Judicial Center. REQUEST FOR IMPACT FUNDS - BACK CREEK DISTRICT - APPROVED Mr. Rhodes stated that these funds will be used to purchase playground equipment and this equipment will be located at the North Mountain Fire Hall. Upon motion made by Robert M. Rhodes, seconded by Rhoda W. Maddox and passed unanimously, the expenditure of $11,000 for playground equipment to be installed at North Mountain Fire Hall was approved. PLANNING COMMISSION BUSINESS PUBLIC HEARING REZONING APPLICATION #002 -85 - ANDREW PE'CSENYE OPEQUON Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the withdrawal of rezoning application number 002 -85 of Andrew Pecscenye, 5489 Glen Oak Court, Stephens City, Virginia to rezone 4.4398 Acres on Route 647 from B -1 (Business- Limited) to B -2 (Business 123 General) was accepted. This property is identified on Tax Map 85 as Parcel Number 149 in the Opequon Magisterial District. OTHER PLANNING ITEMS UTION - STONEBROOK SUBDIVISION - SECTIONS 8 AND Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, the following resolution was approved: BE IT RESOLVED, that the Virginia Department of Highways and Transportation is hereby requested to add a section of the following road to the Secondary System of Frederick County pursuant to Section 33.1 -229 of the Code of Virginia, 1950, as amended: Old Forest Circle, in Stonebrook Farms, Sections 8 and 10, from the South corner of Lot 141 to the P.C. of curve (2) on the Northern side of the intersection of Ann Glass Road, containing .267 miles; AND FURTHER BE IT RESOLVED, that the Board does guarantee the Commonwealth of Virginia an unrestricted right -of -way of 60 feet with all necessary easements for cuts, fills and drainage; recorded in Deed Book 493, Page 152, dated June 13, 1978 and Deed Book 476, Page 666, dated July 18, 1977, in the Office of the Clerk of the Circuit Court. RESOLUTION - WESTMINSTERtCANTER OF WINCHESTER - Upon motion made by Thomas B. Throckmorton, seconded by Robert M. Rhodes and passed unanimously, the following resolution was approved: WHEREAS, the Industrial Development Authority of the City of Winchester, Virginia, (the Winchester Authority) adopted an induce- ment resolution dated April 1, 1982 for the benefit of Westminster/ - Canterbury of Winchester, Inc. to acquire, construct and equip a life care facility for the aging in the City of Winchester and County of Frederick, Virginia, in an amount estimated at $25,000,000.00 and by resolution dated June 11, 1985, ratified the same, copies of which are attached hereto; and WHEREAS, Section 15.1 -1378 of the Code of Virginia of 1950, as amended, effective July 1, 1981, states that an Industrial Develop- ment Authority may not finance facilities in another jurisdiction which has a Development Authority "unless the governing body of such County, City or Town in which the facilities are located or are proposed to be located concurs with the inducement resolution adopted by the Authority and shows such concurrence in a duly adopted resolution "; and WHEREAS, the Board of Supervisors of Frederick County has been asked to express its concurrence to the resolutions of the Winchester Authority so that the facilities in the two jurisdictions may be financed as a single issue. BE IT RESOLVED, by the Board of Supervisors of Frederick County: 1. The Board of Supervisors concurs with the resolution adopted by the Industrial Development Authority of the City of Winchester, Virginia, for the benefit of Westminster/ Canterbury of Winchester, Inc., to the extent required by Section 15.1 -1378, to allow the Industrial Development Authority of the City of Winchester, Virginia, to finance the facilities described in the resolution which might be located in Frederick County, Virginia. 2. This resolution shall take effect immediately. PRELIMINARY MASTER DEVELOPMENT PLAN #002 -85 OF GREENBRIER SUBDIVISION - APPROVED 124 Mr. Horne presented this request and stated that the Planning Commis- sion unanimously recommended approval. Mr. Owings stated that he had no problems with the Plan but that he did have a problem with the State Road that fronts this development and the amount of traffic currently using this road. He further, stated that this request for additional development will create more traffic which will only add to the problem that already exists. He further requested that this road be upgraded as soon as possible. Mr. Horne stated that he would contact Mr. Bushman of the Highway Department and explain the Board's concerns and request that the work to correct this problem be done as soon as possible. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the Preliminary Master Development Plan Number 002 -85 of Greenbrier Subdivision was approved. PLANNING COMMISSION ORDINANCE SUBCOMMITTEE AND A joint worksession with the Planning Commission Ordinance Subcommittee and the Board of Supervisors was scheduled for September 11, 1985. 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 June 17, 1985, at 7:30 P.M., in the Round Hill Fire Company facility. All Fire Companies were represented. Also present were John Riley and Bill Orndoff (Stonewall Supervisor). The following items were discussed: I. Items Requiring Board Action None. II. Items Not Requiring Board Action A. The Fire Companies requested that the advance for Fire Insurance be provided by August 1. B. Requested that the Winchester Fire Department be approached under the Mutual Aid Agreement to permit County Companies to utilize the hose coupling equipment. C. Committee was updated on status of "Enhanced 911 ". D. The proposed job description for the Fire Administrator was tabled again. 125 E. The Board is invited to the August meeting to be held at the Summit. F. The next meeting will be held July 15, 7:30 P.M., at the Round Hill (Co. 15) facility. JUDICIAL CENTER FULL COMMITTEE REPORT Mrs. Maddox, Judicial Center Committee Member, presented the following report: The Joint Judicial Center Full Committee met on Friday, June 7, 1985. Present were Rhoda Maddox, George Whitacre, Richard Dick, William Mote, Mike Foreman, Wendell Seldon and John Riley. Also present were Richard B. Sweeney of Hellmuth, Obata and Kassabaum, Don Shockey and Bill Thomas of Shockey. Discussion of Change Order Requests The Committee discussed at length the requested change orders which are attached. Some of the change orders which were pending have been deleted or reduced in scope by the Committee. The most extensive change order, again, was in the footing - caisson work. This particular request has been debated by the contractor, subcontractor, architect, Foundation Engineering and the owner for over eighteen months. The original request for payment was $37,142.00 and has been reduced, through the above mentioned negotiations, to $20,000.00. The Committee recommends approval of the attached request for payments. It should be noted by the Board that to date we are still under Budget. The Judicial Center Budget has earned $20,000 in interest and I would recommend that we hold that amount for any additional requirements necessary for County users in the complex. Upon motion made by Rhoda W. Maddox, seconded by Robert M. Rhodes and passed unanimously, the above recommendation was approved. Discussion of Proposals for Government Plaza The City Manager presented two architectural renderings of the existing parking lot on the Cameron Street side of the Judicial Center. There have been past discussions with reference to creating a "green space - open area" where the existing parking lot is now located. The Committee agreed to proceed with further discussion of this issue. The County Administrator advised the Committee that it was his impression that the Board of Super- visors were not interested in participating in funding this project. 126 The Committee recommends proceeding further with this issue to determine what approvals will be necessary from Frederick County in order to start this project. Upon motion made by Rhoda W. Maddox, seconded by Robert M. Rhodes and passed unanimously, to obtain necessary approvals. Discussion of City Hall Moving to Judicial Center The City Manager advised the Joint Committee of the City's plans to utilize the vacant shelled in areas of the Judicial Center while City Hall is being renovated. He advised the Committee that any alterations with the exception of mechanical extensions would be temporary in nature. It is anticipated that this phase of temporary occupancy will last for one year. The Committee recommends approval. Following Board discussion, it was their consensus that any cost over and above what the current utility costs have been should be bore by the City once they move their offices to the Judicial Center. Upon motion made by Rhoda W. Maddox, seconded by Robert M. Rhodes and passed unanimously, the above recommendation was approved with the condition that the City would be responsible for the cost of utilities over and above the current cost. Discussion of City Request to Close Park East Side of the Plaza Adjacent to City F 3aces on the The City is requesting the use of all the parking spaces on the plaza adjacent to City Hall for construction materials storage during the renova- tion of City Hall. This would entail the elimination of fourteen parking spaces. The City has indicated they would make a like amount of spaces available in the Court Square Autopark. After reviewing the request with the Director of Public Works for the County, the County Administrator recommends the elimination of six spaces (those being from Rouss Avenue South to the entrance of City Hall). The six vehicles that will be moved to the Auto Park will be blue tag vehicles. Upon motion made by Rhoda W. Maddox, seconded by Thomas B. Throckmorton and passed unanimously, the above was approved. Mr. Stiles thanked Mrs. Maddox for all her time and effort spent while serving as County Representative on this Committee. FINANCE COMMITTEE REPORT 127 Mr. Owings, Chairman of the Finance Committee, presented the following ,report: The Finance Committee scheduled a special meeting on June 10, 1985. All members were present. The following items require Board action: and Recreation for the Purchase of A Mower - Withdrawn The Committee reviewed a request from Parks and Recreation for the purchase of a mower. The Committee recommended that the staff test another mower and then make a recommendation to the Board. (See attached for staff recommendation). If the Board approves the staff recommendation a General Fund appropriation of $10,039 is required. $1,100 is available from an insurance recovery with the remainder from fund balance. (See Attached). The above was withdrawn for the present time. Request for General Fund Appropriation in the Amount of $1,634 for Salary Increase for the Commonwealth's Attorney and His Assistant - Approved Request from a General Fund Appropriation in the amount of $1,634 for funding of salary increases approved at the Board Meeting on June 11, 1985 for the Commonwealth's Attorney and his Assistant. The Committee recommends approval. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and passed unanimously, the above recommendation was approved. Sale of Middletown School The Committee recommends that the sale of Middletown School be rebid immediately stipulating a minimum bid of $150,000.00. Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, the above recommendation was approved. Insurance Coverage Bids were received on insurance coverage for the County. Attached is a summary analyzing the bid quotes. The Committee recommends we accept the bid from J. V. Arthur. Additional appropriation of funds will be needed; however, it is not possible to determine amounts for respective line items at this time. I am working with the insurance company at the present time on this detail information. Upon motion made by Will L. Owings, seconded by Robert M. Rhodes and 1 passed unanimously, the above recommendation was approved. BOARD RETIRED INTO EXECUTIVE SESSION 128 Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. 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 and acquistion and disposition of property. Dr. Walker, Superintendent of Schools and Lawrence Ambrogi, Common- wealth's Attorney were requested to join the Board in Executive Session. BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by C. William Orndoff, Jr., 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 Thomas B. Throckmorton and passed unanimously, the Board reconvened into Regular Session. EVALUATIONS OF DEPARTMENT HEADS - APPROVED Upon motion made by Thomas B. Throckmorton, seconded by C. William Orndoff, Jr. and passed unanimously, the evaluations of Ann K. Kelican, Personnel Director and Robert B. Harriman, Public Services Director were approved as presented. T FROM THE SCHOOL BOARD TO P URCHASE PROPERTY FOR Upon motion made by Rhoda W. Maddox and seconded by Thomas B. Throck- morton, to endorse the request of the School Board to purchase property in the Western section of the County for the purpose of constructing an Elementary School. The above resolution was passed by the following recorded vote: Aye - Kenneth Y. Stiles, Will L. Owings, Rhoda W. Maddox, Thomas B. Throckmorton and C. William Orndoff, Jr. Nay - Robert M. Rhodes. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. Boar Pl Supervisors C rk, Board of Sup sors