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HomeMy WebLinkAboutNovember 09, 1983 Regular Meeting28© A Regular Meeting of the Frederick County Board of Supervisors was held on November 9, 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 James A. Messner of the Relief -Hites United Methodist Church. ADOPTION OF AGENDA Mr. Baker requested that the Personnel Committee Report be amended to include a request from the Parks and Recreation Department. Mr. Riley requested time to bring the Board up -to -date on the fire situation at the Paul Rhinehart property and also requested that he would like to be excused at 8:00 P.M. in order that he might attend a debriefing meeting regarding the fire. Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, the agenda was adopted as amended. APPROVAL OF MINUTE Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, the minutes of October 12 and October 26, 1983 were approved as submitted. RESOLUTION HONORING JAMES WOOD HIGH SCHOOL MARCHING BAND - APPROVED Mr. Riley read the following resolution honoring the James Wood High School Marching Band: WHEREAS, the James Wood High School Marching Band attended the Virginia Band and Orchestra Directing Association State Marching Band Festival on October 22, 1983, in Roanoke, Virginia; and WHEREAS, the Band won the AAAA first place award in the State with a superior rating overall, competing against 30 other bands; and WHEREAS, the Flag and Rifle Corp placed second in the AAAA Western Division and the Band received a 93.45 out of a possible 100 to become the State's champion in Band competition; and WHEREAS, the young people performed in an outstanding manner in representing Frederick County, and 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 High School Marching Band for this outstanding achievement; and 281 BE IT FURTHER RESOLVED, that a true copy of this resolu- tion be delivered to Mr. Schoemmell, Director. RESOLVED this 9th day of November, 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/ David L. Smith David L. Smith /s/ William H. Baker William H. Baker ATTEST: /s/ John R. Riley, Jr. John R. Riley, Jr., Clerk Board of Supervisors /s/ Kenneth Y. Stiles Kenneth Y. Stiles Upon motion made by Rhoda W. Maddox, seconded by William H. Baker and passed unanimously, the above resolution was approved. Three officers of the Marching Band were present to accept this resolution on behalf of the Band and they expressed their thanks to the Board for this resolution. MR. RILEY GIVES THE BOARD AN UPDATE ON THE CURRENT STATUS OF THE SITUATION AT THE TIRE FIRE ON THE PAUL RHINEHART PROPERTY Mr. Riley stated that the U.S. Coast Guard are currently set up at the site and are currently handling the hauling away of the run -off of oil from this fire on a daily basis. He further stated that the State Water Control Board had been at the site this date and was fully aware of what was going on. Mr. Riley requested permission of the Board to set up a line item within the Budget to receive the funds that would be forthcoming from EPA and authorize him as County Administrator to disperse of these funds as they are spelled out in the contract. He read the contract at this time. Mr. Stiles stated that he felt it should be clear in this contract with the Firemen that there would be no liability on the part of the County at all should one of the Firemen be injured. Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and passed unanimously, the following contract was approved: AGREEMENT FOR SERVICES TO BE RENDERED FOR THE COUNTY OF FREDERICK, VIRGINIA Pursuant to a resolution duly made and passed by the Board of Supervisors of the County of Frederick, Virginia at their Regular Meeting held on Wednesday, November 9, 1983, the County Administrator is authorized to enter into agreements with certain City /County Fire Departments to perform specialized services and equipment at the scene of the Rhinehart tire fire located off Route 608 in Back Creek Magisterial District in conjunction with an agreement executed with the United States Environmental Protection Agency to provide funding for said services. 282 This agreement, made and entered into this day of 19 , by and between , party of the first part, and County Administrator of the Board of County Supervisors of Frederick County, Virginia, party of the second part. WHEREAS, the County of Frederick finds that persons with specialized abilities and /or skills and specialized equipment are needed to supervise and /or perform particular fire fighting skills and functions. Consequently, it is necessary to enter into an agreement with such Company which sets forth the duties and functions to be performed and the consideration for the same. NOW, THEREFORE, WITNESSETH: The purpose, terms and conditions of tkjis agreement are as follows: 11 1. The duties and functions to be performed by the party of the first part shall be rendered in conjunction with the Rhinehart tire fire as set forth above. These services shall commence on the day of , 19 , and terminate at such time as EPA Officials determine that these services are no longer necessary. The County Administrator shall determine the details of the services and shall serve as the coordinator thereof. 2. As full compensation funded by EPA for services rendered, the party of the first part shall receive $8.00 per hour per individual for performing the above named services and $200.00 per day or $8.33 per hour for each piece of equipment provided. Such compensation shall be made as requested by the County Administrator, providing that no compensation shall be paid for services not rendered or equipment not provided by the time of payment. 3. If during the term of this agreement, the party of the first part is unable to perform the services for any reason, the party of the first part shall receive no compensation for services or equipment not rendered to Frederick County. 4. The party of the first part hereby certifies that IRS Form 990 is filed by his Company as required by the regulations of the Internal Revenue Service. 5. It is understood that all parties are immune from liability as defined under Title 44, Chapter 3.2, Section 44- 146.23. 6. This agreement may be terminated by either party upon two weeks written notice. In testimony whereof said parties have executed this agreement in duplicate originals, one of which is retained by each of the parties, the day and year first above written. Name of Company By: Signature Title Address Phone Day Night County Administrator of the County of Frederick, Virginia Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, that the funds received from EPA for the cleanup be set up under a special line item within the County Budget. 283 MRS. JOY COSTELLO REAPPOINTED TO THE HANDLEY LIBRARY BOARD - APPROVED Upon motion made by Will L. Owings, seconded by William H. Baker and passed unanimously, Mrs. Joy Costello was reappointed to the Handley Library Board for a four year term, said term to commence on November 30, 1983 and terminate on November 30, 1987. PLANNING COMMISSION BUSINESS PUBLIC HEARINGS CUP #010 -83 - TALBERT F. DEHAVEN, JR. - GAINESBORO MAGIS- TERIAL DISTRICT - APPROVED Mr. Horne presented this request and stated that the Planning Commission recommended unanimous approval with conditions. Mr. DeHaven appeared before the Board on behalf of his request and stated that there was one slight mistake and that was that the time on Saturday should be 12:00 Noon to 5:00 P.M.. Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, the hours of operation for Saturday were changed to read 12:00 Noon until 5:00 P.M. Upon motion made by Rhoda W. Maddox, seconded by William H. Baker and passed unanimously, conditional use permit number 010 -83 of Talbert F. DeHaven, Jr., Route 2, Box 304A, Winchester, Virginia, for a Cottage Occupation /Gun Shop was approved. This property is designated as Parcel Number 98B on Tax Map Number 30 in the Gainesboro Magisterial District. REQUEST FOR AMENDMENT TO CONDITIONAL USE PERMIT #021 -79 OF RALPH W. POE - BACK CREEK MAGISTERIAL DISTRICT - REFERRED BACK TO THE PLANNING COMMISSION FOR FURTHER STUDY Mr. Horne presented this request and stated that the Planning Commission had approved this request at their meeting. He further stated that Mr. Poe was requesting permission to be allowed to sell Travel Trailers or Recreational Vehicles at the Candy Hill Campground and that the total Trailers and /or Recreational Vehicles for sale on the site would be limited to six (6) at any one time. Mr. Baker asked exactly where this would be located. Mr. Horne stated that Mr. Poe had said it would be on Ward Avenue. Mr. Stiles stated that a sign on Route 50 advertising this would not be acceptable. Mrs. Maddox asked if a sign was erected on Route 37 for advertising this business, would this need Highway Department approval first. Mr. Horne replied that yes it would. W Mr. Baker asked Mr. Horne exactly what was his definition of a Recreational Vehicle. Mr. Horne stated that perhaps this definition should be defined and decided upon tonight by the Board. Mr. Baker asked for the exact wording of what the Division of Motor Vehicles says with reference to the sale of the vehicles in mention. Mr. Horne stated that a Department of Motor Vehicles' license is required and that 250 square feet of office space is required, a sign legible from the road is also required. He further stated that a DMV license would also allow sales of other used or new vehicles. The Board discussed this at great length and it was the consensus of the Board that this was not to be a Used Car Lot. Mr. Poe appeared before the Board and stated that he had no intention of selling used cars and that the Travel Trailers or Recreational Vehicles would be held to six (6) in number as stated in the request. Mr. Gary Cecil Gray appeared before the Board and stated that at one time he resided in Frederick County but was living elsewhere at present but that he was here tonight on behalf of his parents who did reside close to Mr. Poe and that his Father had received threatening phone calls because of his objection to Mr. Poe's request to the Board. Mr. Irwin Mitchell, a neighbor, appeared before the Board to oppose this request, and further, requested that if the Board decided to approve this request that it be spelled out exactly what Mr. Poe would be allowed to sell. Mr. James B. Finan, a resident of Merrimans Estates, appeared before the Board to oppose this request stating that when the Board first approved this location for a campground, there were certain do's and don'ts that were a part of the campground being approved, but now the Board was starting to change this list of do's and don'ts and he did not feel that was the way it should be handled. Mr. Poe appeared before the Board in rebuttal of some of the remarks that had been made and stated that he knew of no threats being made to Mr. Gray or any other resident. Mr. Stiles asked Mr. Poe if Trailers were brought to the campsite and left there for two and three weeks at a time with no one staying in the Camper. 283 Mr. Poe stated that yes, from time to time Trailers were left at the site and the Owners return on the weekend rather than take them back and forth to their permanent homes once the weekend was over. Mr. Stiles stated that it was not his understanding that this was what was originally agreed upon and that the County did not want this to become a Trailer Park. Mr. Poe stated that he had some of the Owners remove their Trailers from the campsite and park them in his field rather than paying the rent for the space when they cannot be at the campsite. Mr. Stiles stated that he did not agree with this as the campground was limited to 70 campsites and this does not include any parking in the fields. He asked Mr. Poe if he understood number 7 of the conditions and Recreational Facilities being restricted to only those campers at the site. Mr. Owings stated that he would like to refer to condition number 4 which states that the Recreational Facilities are specially for bonafide campers that are in fact staying at the campsite. Mr. Poe stated that he has only a few campers that has someone stop by from time to time and use the facilities while visiting the campsite. Mr. Stiles asked if additional conditions could be added to the existing conditional use permit without being readvertised. Mr. Ambrogi stated that no this could not be done. Mr. Owings stated that he felt there were too many questions that needed answering and that this should be returned to the Planning Commission for further study and interpretation by them. Upon motion made by Will L. Owings and seconded by Kenneth Y. Stiles that this conditional use permit amendment request be sent back to the Planning Commission for further study and interpretation. The above motion was approved by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, Rhoda W. Maddox, David L. Smith and Kenneth Y. Stiles, Nay - William H. Baker. INDUSTRIAL DEVELOPMENT AUTHORITY BONDING REQUEST FOR VDO- ARGO INSTRUMENTS, INC. - APPROVED Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, the following resolution was approved: WHEREAS, the Industrial Development Authority of the County of Frederick, Virginia (the "Authority "), has considered the application of VDO -ARGO Instruments, Inc. (the "Company ") requesting the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $1,000,000 (the "Bonds ") to assist in the financing of the Company's acquisition and installation of electronic assembly lines and ancillary equipment (the "Project ") in an instrument manufacturing facility located at 980 Brooke Road in the County of Frederick, Virginia, and has held a public hearing thereon on October 27, 1983; and 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 to be located in the County and the Board of Supervisors of the County of Frederick, Virginia (the "Board ") constitutes the highest elected governmenatl 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, a certificate of the public hearing, and a Fiscal Impact Statement have been filed with the Board; 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) and Section 15.1- 1378.1 of the Virginia Code, 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 or the Company. 3. This Resolution shall take effect immediately upon its adoption. FIRE AND RESCUE COMMITTEE REPORT Mr. David Smith presented the following Committee Report: The Fire and Rescue Committee met on October 24, 1983, at 7:30 P.M., in the Greenwood Fire Company facility. The following Companies were represented: Greenwood, Stephens City, Middletown, Clearbrook, Roundhill, Gainesboro, Star Tannery, Reynolds Store and Gore. Also present were John Riley and John Dennison. The following items were discussed: A. The proposed mutual aid agreement was discussed and the Committee was told that it would be presented to the Code and Engineering Committee at the November meeting. There was no action taken. B. The suggested funding formula was to be presented to the Firefighters Association for their recommendation. There was no action taken. C. The question of a Fire Code was again discussed. The concept will again be brought before the Code and Engineering Committee for their consideration. Jack Proctor, the State Building Official, will be invited to attend. 28 There was no action taken. D. The question of insurance ratings was discussed. Fire Companies are given ratings by Insurance Services Office in Richmond, Virginia, that reflect availability of water, distance to residences, training, equipment, response time, etc. Normally, these inspections are conducted every 15 -20 years. The ratings effect rates given to industrial/ commercial concerns. The Public Services Director contacted the rating company and obtained the following information: The ISO (Insurance Services Office) of Richmond, Virginia provides a rating service to Insurance Companies State -wide. This rating is utilized by Insurance Companies to establish rating schedules. There are three primary considerations- 1) distance to fire headquarters (five miles or less); 2) availability of plumbed water within 1000 feet of a residence /commercial - industrial site and; 3) the Fire Company facility. The ratings can vary from 1 -10. Rating #10 reflects a rural situation with no rated Fire Company within five miles. A #9 represents a situation where a rated company is available within five miles, but without plumbed water. Ratings #9 and #10 are considered "unprotected." In order to receive a rating of #8 or less, plumbed water must be available and the rated Fire Company must be within five miles. The low ratings of Stephens City and Middletown would only apply to those areas of their area of responsibility served by fire hydrants. As of this time, all Companies, except for Stephens City, Middletown, and Star Tannery, are rated #9 (unprotected). Again, not because of equipment, personnel, or distance, but because of the lack of plumbed water. A letter has been written to ISO requesting that Clearbrook and Greenwood be reinspected to recheck their ratings and that Star Tannery be checked to establish a rating. E. The Firefighters Association, in cooperation with the City of Winchester and the Commonwealth, sponsor an annual weekend training session. James Wood is a fine centrally located facility to hold the training. It is recommended that the Board appropriate $600 in the FY85 budget to cover the fee required to utilize this facility. This recommendation will be passed to the Finance Committee. Mr. Riley stated that the School Board will not be charging $600, that the only fee charged would be for Custodial Service. There was no action taken. PERSONNEL COMMITTEE REPORT Mr. William Baker, Chairman of the Personnel Committee, presented the following Committee Report: The Personnel Committee met on Tuesday, November 1, 1983 and submits the following report and recommendations to the Board of Supervisors for consideration: Request for Funds Appropriation The Committee reviewed a request for an appropriation in the amount of $1,000.00, as set forth in the attached memo, to help defray the cost of an awards banquet for County employees. The Commitee noted that the County has had a service awards policy in effect since 1978 which has never been implemented. The Committee recommends approval of this request and that the funds be transferred from Operating Contingencies to Account Number 1224 - 5415 -00 Other Expenses. Upon motion made by William H. Baker, seconded by David L. Smith and passed unanimously, the above recommendation was approved. Comp Time Claim Please see attachment under separate cover. Upon motion made by William H. Baker, seconded by David L. Smith and passed unanimously, the above mentioned Comp Time Claim was approved. Department Head Evaluation The County Administrator conducted the performance evaluation of Charles D. Poe, Division of Court Services Director, and submits same to the Board of Supervisors for certification. (Evaluation attached under separate cover.) Upon motion made by William H. Baker, seconded by David L. Smith and passed unanimously, the above evaluation of Charles D. Poe was approved. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. C Board of S perv' ors