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HomeMy WebLinkAboutJune 08, 1983 Regular MeetingA Regular Meeting of the Frederick County Board of Supervisors was held on June 8, 1983, at 7:00 P.M., in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT S. Roger Koontz, Chairman; Will L. Owings, Vice - Chairman; William H. Baker; Rhoda W. Maddox; David L. Smith and Kenneth Y. Stiles. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by the Reverend Glenn Horst of the Stephens City Mennonite Church. ADOPTION OF AGENDA Mrs. Maddox requested time under "County Officials" to enlighten the Board on the Virginia Department of Highways and Transportation hearing in Salem that she and Mr. Riley attended this date. Mr. Stiles requested time under "County Officials" Mr. Smith also requested time under "County Officials ". Mr. Koontz requested time at the end of the meeting for a short announcement. Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, the agenda was adopted as amended. LORD FAIRFAX COMMUNITY COLLEGE BOARD APPOINTMENT POSTPONED UNTIL LATER IN THE MEETING AND THE ARRIVAL OF THE COMMON- WEALTH'S ATTORNEY The floor was opened for nominations for the appointment to the Lord Fairfax Community College Board. Mr. Stiles stated that he felt that all three citizens that had applied were excellent and he would like to nominate Dr. Raymond Fish. Mr. Baker stated that he would like to nominate Mr. Jack Strimple. Mr. Stiles stated that he had noticed on Mr. Strimple's application that he was a part -time employee of the College and he asked whether or not this would be a conflict of interest on Mr. Strimple's part. Mr. Koontz stated that Mr. John Toney had contacted him about serving on this Board. Mr. Stiles stated that with all do respect he did not think the Chairman could submit a name for nomination. Mr. Koontz stated that according to Roberts Rules of Order he was allowed to place a name in nomination. Mr. Stiles stated that he disagreed. 161 The Board asked Mr. Riley, Parliamentarian, to check the wording on this matter in the Roberts Rules of Order and that they would await the arrival of the Commonwealth's Attorney for his opinion on this conflict of interest issue before voting on this appointment. A A RITCHIE APPOINTED TO THE SOC SERVICES BOARD - Upon motion made by Will L. Owings, seconded by David L. Smith and passed unanimously, that Mrs. Martha Ritchie be appointed to the Social Services Board for a four year term, said term to commence on June 30, 1983 and terminate on June 30, 1987. Mr. Owings stated that he would like to thank Mrs. Ralph Bassett for her dedication and years of service on the Social Services Board. RESOLUTION IN HONOR OF JAMES WOOD HIGH SCHOOL BAND - APPROVED Mr. Riley read the following resolution: WHEREAS, the James Wood Band attended the Six Flags Competition Festival in Jackson, New Jersey, and; WHEREAS, the Concert Band was awarded ratings of excellent from all the Judges and won the Best in Class Trophy for their performance; and, WHEREAS, the Marching Band was awarded straight superior ratings from four Judges and won the Best in Class for their performance and the Sweepstakes Award for marching; and, WHEREAS, members of the percussion section, drum majors, and flag and rifle corps were recognized as Best in Class; and, WHEREAS, 140 young people performed well musically both in concert competition and field competition and represented Frederick County in such a manner that their School and Community can be very proud of them. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors hereby express their congratulations to the members and staff of the James Wood Band for their outstanding achievement; and, BE IT FURTHER RESOLVED, that a true cpy of this resolution be delivered to Mr. Schoemmell, Director. RESOLVED this 8th day of June, 1983. /s/ S. Roger Koontz /s/ Rhoda W. Maddox S. Roger Koontz, Chairman Rhoda W. Maddox /s/ Will L. Owings Will L. Owings, Vice- Chairman /s/ William H. Baker William H. Baker ATTEST: /s/ John R. Riley, Jr. John R. Riley, Jr., Deputy Clerk /s/ David L. Smith David L. Smith /s/ Kenneth Y. Stiles Kenneth Y. Stiles Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, the above resolution was approved. 162 Mr. Baker stated that he felt it was very noteworthy that 140 young people had conducted themselves in such an outstanding manner and further that this was a very high tribute to the people in our High School. Miss Lisa Nerangis, Senior Drum Major and Mr. Jeff Robinette, newly elected Drum Major, appeared before the Board and thanked them on behalf of the Band and their Director for the resolution that the Board had presented to them. BOARD MEETINGS CANCELLED FOR JULY 27TH AND AUGUST 10TH, 1983 Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, that the Board Meetings of July 27th and August 10th, 1983 be cancelled in order that the Board members might take their vacations. REPORT ON VIRGINIA DEPART HEARING IN SALEM JUNE 8TH, NT OF HIGHWAYS AND TRANSPORTATIOR 1983 Mrs. Maddox stated that she and Mr. Riley had attended this date, along with Committee members from Gainesboro District, a hearing of the Virginia Department of Highways and Transportation in Salem, Virginia on the possibilities of having 522 North reinstated into the Six Year Road Improve- ment Plan. She further stated that they did learn that 522 North had been recommended to be reinstated on the funding list and that Mr. Bob Smalley is in the process of drawing up the appropriate papers for this project. The Board discussed the problems of double tractor trailers on this section of the road and the restrictions involved. Mr. Stiles stated that he felt this needed further study and that it should be referred to the Transportation Committee for their input and recommendation. After discussion it was the consensus that the Transportation Committee would discuss this situation of tractor trailers further and make a report back to the Board. RESOLUTION HONORING GEORGE "WILLIE" WALTERS - APPROVED Upon motion made by David L. Smith, seconded by William H. Baker and passed unanimously, that the following resolution be approved: The BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA, both corporately and individually, take note of the passing of George "Willie" Walters, long time friend and member of the Frederick County Parks and Recreation Commission. It is with both sadness and joy that we recognize, honor and remember him for his many contributions to his community, and to this County in particular. Willie's quiet manner and firm convictions, his sense of duty, of humor, and of fair play, and his empathy for his fellowman, are all attributes of his character. 163 In a spirit of brotherhood and fond remembrance, individual members of the Board express their pleasure in their association with him. All are singularly honored for having had the privilege of serving jointly with him and counting him as a friend. As a tribute to the memory of George "Willie" Walters, this resolution of respect is publicly read and officially adopted, and shall be spread upon the minutes of this meeting of the Board of Supervisors. Adopted and dated this eighth day of June, in the year of our Lord, nineteen hundred eighty three. /s/ S. Roger Koontz S. Roger Koontz, Chairman /s/ Will L. Owings Will L. Owings, Vice- Chairman /s/ William H. Baker William H. Baker ATTEST: /s/ John R. Riley, Jr. John R. Riley, Jr., Deputy Clerk /s/ Rhoda W. Maddox Rhoda W. Maddox /s/ David L. Smith David L. Smith /s/ Kenneth Y. Stiles Kenneth Y. Stiles Mrs. Maddox requested that a resolution be drawn up for the recent achievements of the James Wood High School Concert Choir in Florida. Mr. Stiles requested that a resolution be drawn up for the FFA Chapter of the County for their recent achievements. The Board concurred with these requests. BOARD MEMBERS INVITED TO THE BAKER HOUS Mr. Stiles stated that he would like to extend an invitation to the Board of Supervisors for an open house on Saturday, June 25, 1983, from 2:00 P.M. until 5:00 P.M., at the Baker House, 750 Merriman's Lane, Winchester. DR. GARY DEOMS UPDATES BOARD ON GYPSY MOTH SITUATION Dr. DeOms appeared before the Board and gave them an update on the Gypsy Moth situation in the Western section of the County inasmuch as the heaviest population of the Moths seems to be in the Shawnee -West Virginia border area. He stated that he would be glad to report back to the Board within a couple weeks and let them know if there are any changes in this situation. PLANN COMMISSION BUSINESS ZMAP #0( MAGI STE - LOUIS H. FOLTZ AND JOHN A HEYMAN - SHAWNEE - APPROV Mr. Horne presented this request and stated that the Planning Commis- sion recommended unanimous approval. Mr. Foltz and Mr. Heyman appeared before the Board on behalf of their request. Noone appeared in opposition to this request. 164 Mr. Stiles stated that some of the Planning Commission members felt this was the best way out of a bad situation as this operation, as it now stands, goes back quite a few years and it is sort of limited as far as any future expansion is concerned. Mr. Koontz asked Mr. Foltz if he had submitted a site plan for what he proposes to do. Mr. Foltz stated that he had submitted site plans to the Planning Office. Mr. Horne stated that the County could not go back on existing structures with reference to this rezoning petition. Mr. Smith stated that this request concerned him mainly because of the concerns of the citizens in this area and what happened in the past years at this location, especially back in 1974 and that he had citizens that had contacted him expressing concern about this area and the general overall appearance it has. Upon motion made by David L. Smith, seconded by Will L. Owings and passed unanimously, that rezoning petition number 008 -83 of Louis H. Foltz, P. O. Box 2834, Winchester, Virginia, and John A. Heyman, Route 50 East, Box 61, Winchester, Virginia, to rezone 11 acres, now zoned B -2 (Business - General) to M -2 (Industrial - General) be approved. This property is designated as Parcel Numbers 100, 100A and 100B on Tax Map Number 64 in the Shawnee Magisterial District. PLANNING COMMISSION APPROVAL OF POWER LINE LOCATIONS Mr. Horne stated that the Department of Planning and Development had received a letter from J. Sloan Kuykendall, 111 representing Potomac Edison Company requesting that the Commission approve the location of two power line projects in Frederick County under Section 15.1 -456 of the Code of Virginia. At their meeting on June 1, 1983, the Frederick County Planning Commission reviewed the two power line locations and made the determination that both projects were not at variance with the provisions of the Frederick County Comprehensive Plan. At the meeting there was considerable discussion as to the legal necessity for such an action, but the Commission felt that for these two pending projects action could be taken in order not to delay construction of the two projects. The Commission did, however, instruct the staff to immediately request an opinion from the Commonwealth's Attorney and /or Attorney General on the applicability of this particular code section to 160 power line projects. The staff is not certain as to whether this code section does in fact envision Commission approval of power lines or is meant to address larger projects such as power generating stations and major substation facilities. At any rate, this type of action has not been taken in the past and before any other actions of this nature are taken the staff will determine the applicability of this code section. This will be looked into further by the Planning Commission. ROAD ADDITIONS, SECONDARY SYSTEM, STONEBROOK - APPROVED Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, that the following resolution accepting a section of Forest Valley Road in Stonebrook Farms into the secondary system of the Virginia Highway Department be approved: WHEREAS, the Virginia Department of Highways and Transportation and the Department of Planning and Development have reviewed the request of Stonebrook Farms and recommend inclusion of that section of Forest Valley Road from the intersection with Old Forest Circle to the cul -de -sac contain- ing approximately .17 miles in Stonebrook Farms, Section VIII, in the Back Creek Magisterial District, into the secondary road system, pursuant to the provisions of the Code of Virginia, 1950, as amended; and, WHEREAS, the Board of Supervisors does guarantee the Commonwealth of Virginia, Department of Highways and Transportation an unrestricted right - of -way of sixty (60) feet with necessary easements for cuts, fills, and drainage recorded in Deed Book 476, page 682, in the office of the Clerk of the Circuit Court of Frederick County, Virginia. THEREFORE, BE IT RESOLVED, that the Board of Supervisors does hereby approve the request for inclusion into the secondary system contingent upon the posting of a proper and acceptable bond with the Virginia Department of Highways and Transportation. BOARD APPROVES IRB BONDS Mr. Horne read the following memorandum: Recent changes in the Internal Revenue Code governing Federal taxation items and the State Code governing State taxation items have altered the procedure necessary for an applicant to apply for and have approved industrial revenue bonds through local Industrial Development Authorities. In addition to several procedural items in terms of the actual tax benefits of certain bond proceeds, the Federal and State laws have changed the involvement necessary by the Board of Supervisors in this process. It is now required that the Authority conduct a public hearing before the issuance of I RBs and that subsequent to that public hearing, the Board of Supervisors approve the actual issuance of the bonds. State law has required that the public hearing be done at the Authority level and does not require a public hearing at the Board of Supervisors level. 166 An application was made during 1982 by GKH Partnership for approval of bonds to construct a series of office buildings on Route 522 South, new Bigman's Restaurant. This project was started during 1982 and $254,000 worth of bonds were issued for a portion of that project during 1982. The partnership has now come before the Industrial Development Authority for a public hearing which was made necessary by the issuance of the remainder of the bonds after the changes in the Federal and State law. The great majority of the project is complete and has been under construction for a considerable period of time. Enclosed you will find two items explaining the status of this project. The first is a letter from a representative of GKH Partnership explaining the current funding proposals and the status of construction on the project. The second is a resolution that was passed on May 25 by the Industrial Development Authority at a public hearing conducted on this matter. The Authority is requesting the approval of the Board of Supervisors of the issuance of bonds in the amount of $640,000 to finance the project in question. This approval should take the form of the adoption of a resolu- tion of the Board of Supervisors. Mr. Stiles addressed the fact of McGuire, Woods and Battle being Legal Counsel for both parties and stated that he did not feel this should be al lowed. Upon motion made by David L. Smith, seconded by William H. Baker and passed unanimously, that the following resolution be approved: WHEREAS, the Industrial Development Authority of the County of Frederick, Virginia (the "Authority "), has considered the application of GKH Partnership (the "Company ") requesting the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $640,000 (the "Bonds ") to assist in the financing of the Company's acquisition, construction and equipping of a cluster of up to four buildings for use as commercial office space (the "Project ") located in the County of Frederick, Virginia, and has held a public hearing thereon on May 25, 1983. WHEREAS, Section 103(k) of the Internal Revenue Code of 1954, as amended, provides that the governmental unit having jurisdiction over the issuer of industrial development bonds and over the area in which any facility financed with the proceeds of industrial development bonds is located must approve the issuance of the bonds; and WHEREAS, the Authority issues its bonds on behalf of the County of Frederick, Virginia (the "County "); the Project is located in the County and the Board of Supervisors of the County of Frederick, Virginia (the "Board ") constitutes the highest elected governmental unit of the County; and WHEREAS, the Authority has recommended that the Board approve the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, and a certificate of the public hearing, have been filed with the Board; 167 BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. The Board approves the issuance of the Bonds by the Authority for the benefit of the Company, as required by Section 103(k), to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project of the Company. 3. This Resolution shall take effect immediately upon its adoption. WORKSESSION BETWEEN BOARD AND PLANNING COMMISSION SCHED The Board has been requested, by the Planning Commission, for a worksession to discuss changes in the Zoning Ordinance. The Board discussed this and decided on June 27, 1983, at 7:30 P.M. Mr. Horne was requested to check with the Planning Commission to see if this date is agreeable with them and report back to the Board. CODE AND ENGINEERING COMMITTEE REPORT Mr. Owings, Chairman, presented the following report: The Code and Engineering Committee met 10 A.M., on June 1, 1983, with all members present. The Committee makes the following report and recommen- dations: A. The Committee discussed the formation of a working group composed of representatives from interested jurisdictions to begin discussions on the acquisition of a new Landfill. The working group would suggest membership of a permanent Search Committee. Recommended membership of the Working Committee was as follows: John Riley, Will Owings, Frank Brumback, Wendell Seldon, Bob Lee and Bob Harriman. The Working Committee is to meet as soon as possible. B. Bob Prettyman reported on the Litter Symposium. It was suggested that a litter ordinance, utilized by Memphis, Tennessee, be obtained and reviewed to see if it could be used in Frederick County. The Director of Public Services was asked to send for information. PERSONNEL COMMITTEE REPORT Mr. Baker, Chairman, presented the following report: The Personnel Committee met on May 24, 1983 and June 1, 1983, and submits the following report and recommendations: Reclassification of Secretary I and Secretary II Positions In the current schematic list of classes there is a 6 range differen- tial between the Secretary 11 classification and the Office Manager classi- fication. The Clerk Typist 11 and III positions are classified the same as 163 the Secretary 1 and II positions. Job duties and responsibilities of the Secretary I and It positions indicate that they should be reclassified to a higher range than the Clerk Typists. The Committee therefore recommends that the Secretary I position be reclassified to Range 17. The Committee feels that the reclassification of these positions as recommended would provide a logical career ladder for clerical personnel and would eliminate the 6 range gap without creating a new classification. Mr. Stiles stated that he totally disagreed with this and felt it needed further study. The Board discussed this and felt that any action should wait until after the salary survey is concluded by the Personnel Committee. Consideration of Cost -of- Living Increase Policy for Employees at the Top of the Scale As requested by the Board of Supervisors, the Committee discussed the development of a cost -of- living increase policy for employees at the top of the scale. The Committee noted that work has begun to conduct a salary survey for all County positions to determine whether or not our classifica- tions are competitive in the local labor market. The Committee recommends that the development of a cost -of- living increase policy not be considered until the results of the salary survey are available as adopted and that the County merit system be maintained. Mr. Stiles stated that he felt the issue of those employees that were at the top of the scale and those with the most years of service should be addressed inasmuch as they should be our most valuable employees. After discussion it was decided that this was to go back to the Personnel Committee for further discussion and study and await the results of the survey. Request for Position in the Permit Center The Committee reviewed a request from the Public Services Director to add a part -time Secretary to the administrative staff due to the increased workload. The Committee recommends approval of this request based upon review and approval of the Committee on Code and Engineering Enforcement. Mr. Owings stated that he was not aware of the fact that County employees were working a 35 hour work week until he read this report. Mr. Stiles discussed with Mr. Harriman and Mr. Dennison the need of additional Clerical help within the Inspections Department and stated that 169/ he felt this Department needed to be commended for the budget being brought in at the figure that had been disclosed in this report. County Administrator Evaluation The Committee noted that Mr. Riley will have completed 6 months employment as County Administrator in June, 1983 and recommends that his performance evaluation be scheduled for the second Board meeting in June (June 22, 1983). AYMOND FISH APPOINTED TO THE LORD FAIRFAX C GE BOARD - APPROVED UNITY Mr. Ambrogi stated that he did not feel that there would be a conflict of interest involved in the nomination of Mr. Strimple due to the fact that he is a part -time employee of the Lord Fairfax Community College. Dr. Fish's name was placed in nomination. Mr. Riley stated that he could not find in the Roberts Rules of Order where the Chairman could not place a name in nomination. Mr. Toney's name was placed in nomination and Mr. Jack Strimple's name was also placed in nomination. Dr. Fish received the following vote: Aye - Kenneth Y. Stiles, David L. Smith, Will L. Owings and Rhoda W. Maddox. Mr. Toney received the following vote: Aye - S. Roger Koontz. Mr. Strimple received the following vote: Aye - William H. Baker. Dr. Fish will serve for a four year term, said term to commence on June 30, 1983 and terminate on June 30, 1987. GENERAL ELECTRIC PLANT PLANS LARGE EXPANSION Mr. Koontz stated that he would like to announce to the Board that the local General Electric Plant had plans for a large expansion in the amount of $90,000,000 and this would be done over the next couple of years with an employment increase of approximately 10o and he felt this would be a big boost to the County. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT ISO DER DzH�T T OAR OF SUPERVISORS D t W ADJOU . _ � 1 C a man oar I o S rvj CI k, Board of Supe �sors