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October 24, 1984 Regular MeetingU1 A Regular Meeting of the Frederick County Board of Supervisors was held on October 24, 1984, at 7:15 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. ALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by the Reverend William Layman of the Braddock Street United Methodist Church. CHAIRMAN WELCOMES MR. THOMAS B. THROCKMORTON Mr. Stiles welcomed Mr. Throckmorton to his first meeting as the newly nted member from Shawnee District to fill the unexpired term of David L. Smith. ADOPTION OF AGENDA Mr. Stiles stated taht he had a third item under "County Officials ". Mr. Owings stated that he had two items under Finance Committee appropriations. Mr. Riley stated that the Board had an emergency Ordinance dealing with the current water situation. Mr. Riley asked what the Boards' feelings were on having a joint meeting with the Parks and Recreation Commission. This item will be discussed at the end of the meeting. Upon motion made by Robert M. Rhodes, seconded by C. William Orndoff, Jr. and passed unanimously, the Agenda was approved as amended. RICHARD DICK REAPPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY - APPROVED Upon motion made by Rhoda W. Maddox, seconded by Will L. Owings and passed unanimously, Richard Dick was reappointed to the Industrial Development Authority for a four year term, said term to commence on November 10, 1984 and terminate on November 10, 1988. GENE T. DICKS REAPPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY - APPROVED Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, Gene T. Dicks was reappointed to the Industrial Development Authority for a four year term, said term to commence on November 10, 1984 and terminate on November 10, 1988. RESOLUTION HONORING JAMES WOOD HIGH SCHOOL MARCHING 510 BAND - APPROVED Upon motion made by C. William Orndoff, Jr., seconded by Rhoda W. Maddox and passed unanimously, the following resolution was approved: WHEREAS, the James Wood Marching Band attended the Charlottesville Cavalcade at Charlottesville High School on October 6, 1984, and; WHEREAS, the Marching Band received awards as first -place band, first -place auxiliary, first -place drum majors and grand- champion band overall; and, WHEREAS, this outstanding accomplishment is the result of many hours of practice and hard work not only on the part of the staff but the entire Marching Band; and WHEREAS, the Marching Band has excelled in their marching performance and represented Frederick County in such a manner that their School and Community can be very proud of them; and, NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors does 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 copy of this resolution be delivered to Mr. Schoemmel, Director. RESOLVED this 24th day of October, 1984. /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/ Thomas B. Throckmorton Thomas B. Throckmorton /s/ Robert M. Rhodes Robert M. Rhodes ATTEST: /s/ John R. Riley, Jr. John R. Riley, Jr., Clerk Board of Supervisors /s/ C. William Orndoff, Jr. C. William Orndoff, Jr. Miss Jackie Robinson and Mr. Jeff Robinette were present to accept this resolution on behalf of the band. THOMAS THROCKMORTON APPOINTED TO COMMITTEES CURRENTLY HELD BY DAVID L. SMITH Mr. Stiles appointed Thomas Throckmorton to the following Committees currently held by David L. Smith: Personnel (Chairman) Information Services Industrial Development Authority Winchester Regional Airport Commission Animal Care Mr. Orndoff will serve on the Fire and Rescue Committee replacing Mr. Smith. PUBLIC HEARING AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 9, SECTION 3 -3 -1, TAX RELIEF FOR THE ELDERLY - APPROVED 011 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 THE FREDERICK COUNTY CODE, CHAPTER 9, SECTION 3 -3 -1, TAX RELIEF FOR THE ELDERLY TO READ AS FOLLOWS: "Application for exemption shall be made annually between January 1 and April 1 of each taxable year ". The old dates for filing were February 1 and May 1 under annual real estate collection. SUBDIVISION REQUEST - JAMES M. HORTON - APPROVED Mr. Horne presented this request. No one appeared in opposition to this request. Upon motion made by Robert M. Rhodes, seconded by Rhoda W. Maddox and passed unanimously, the Subdivision request of James M. Horton was approved. REVIEW OF SOUTH FREDERICK AGRICULTURAL AND FORESTAL DISTRICT Mr. Horne presented this stating that the first step in the review process would be for the Board of Supervisors to receive this general proposal and to refer that proposal to the Planning Commission. He stated that the Planning Commission will receive that proposal and commence the review process which entails notification in the paper and a series of review periods by the Agricultural Advisory Committee and Planning Commis- sion. He further stated that prior to the publication of a notice by the Planning Commission, the exact acreages for the addition to the South Frederick Agricultural and Forestal District and the exact acreages of the proposed district will be determined. Mr. Stiles requested that a listing of the members currently serving on the Agricultural District Advisory Committee be included in the next Board Agenda in order that they might be reviewed by the Board Members prior to the next meeting at which time any necessary changes will be acted upon. Upon motion made by C. William Orndoff, Jr., seconded by Rhoda W. Maddox and passed unanimously, to send this general proposal of the South Frederick Agricultural and Forestal District to the Planning Commission. REQUEST FOR IMPACT FUNDS - BACK CREEK DISTRICT - APPROVED Mr. Rhodes presented this request for impact funds in the amount of $18,000.00 to build a community recreation area at the North Mountain Volunteer Fire Company. 512 Upon motion made by Robert M. Rhodes, seconded by Rhoda W. Maddox an passed unanimously, the request for impact funds in the amount of $18,000.00 for Back Creek District was approved. APPROVAL OF WATER SUPPLY EMERGENCY ORDINANCE Mr. Riley presented this Ordinance. Mr. Stiles asked if it would be possible to include a provision in this Ordinance wherein the County Administrator could terminate this Ordinance without the entire Board having to meet. Mr. Glenn Williamson, Assistant Commonwealth's Attorney, stated that this could not be done inasmuch as the Board would be the one to approve this and they would have to meet to rescind it. Mr. Throckmorton asked if there was any requirement as far as how the County citizens were to be notified of this Emergency Ordinance. After discussion by the Board it was decided that the staff would be asked to see that this Ordinance be advertised in the two local papers. Upon motion made by Thomas B. Throckmorton, seconded by Robert M. Rhodes and passed unanimously, the following Ordinance was approved: WHEREAS, a serious deficiency has developed in the public water supply of the City of Winchester, Virginia; and, WHEREAS, the City Council of Winchester, Virginia on October 19, 1984 did enact mandatory restrictions with reference to use of the public water supply system in accordance with Section 22 -25 of the Winchester Code; and, WHEREAS, certain portions of Frederick County, Virginia are supplied water for a fee or charge by the Frederick County Sanitation Authority or the City of Winchester; and, WHEREAS, the Frederick County Sanitation Authority is a wholesale purchaser of water from the City of Winchester. NOW, THEREFORE BE IT ORDAINED, that the Board of Supervisors of the County of Frederick, Virginia does hereby declare a state of emergency as to the water supply distributed to users in Frederick County, Virginia by the Frederick County Sanitation Authority and the City of Winchester, Virginia; and, WHEREAS, the Board of Supervisors of Frederick County, Virginia hereby enacts an ordinance pursuant to the provisions of Section 15.1- 37.3:4 and 15.1 -504 of the Code of Virginia, 1950, as amended, entitled "Water Supply Emergency Ordinance" as follows: 1. During the period of water supply emergency declared by the Board of Supervisors of Frederick County, Virginia on October 24, 1984 and until such time as such emergency has been declared ended, it shall be unlawful for any person, association, business, or corporation which is supplied water by the Frederick County Sanitation Authority or the City of Winchester, Virginia for a fee or charge to use any such water supplied by the Frederick County Sanitation Authority or the City of Winchester, Virginia for any of the following uses: A. Watering of lawns, gardens, shrubs, flowers, trees or other plant life, rte B. Washing or cleaning of motor vehicles. This includes commercial, charitable or fund raising, car dealers, trucking companies and individuals. Commercial car washes utilizing high pressure, low volume systems will be allowed to reopen, C. Use of water for washing parking lots, streets, driveways, sidewalks, etc., 2. During the period of such water supply emergency all wholesale customers of the Frederick County Sanitation Authority and the City of Winchester, Virginia shall immediately impose restrictions necessary to reduce consumption by 10 -15 %, 3. Any violation of this ordinance shall constitute a misdemeanor, RESOLVED this 24th day of October, 1984. Mr. Owings stated that he had some concern about the County getting their water supply from the City and whether or not this should be looked into as far as the Sanitation Authority was concerned. Mr. Riley is to get in touch with both the City and the Sanitation Authority with reference to Mr. Owings' questions concerning the County water supply. INFORMATION SERVICES COMMITTEE REPORT Mrs. Maddox, Chairman of the Information Services Committee, presented the following report: The Information Services Committee met on Tuesday, October 9, 1984, at 3:00 P.M. with the following members present: Rhoda W. Maddox, Stan Kukanich and Don Johnson. Also present were John Horne, Helen Locke and John Riley. The Committee submits the following report and recommendation: Discussion of PC Computer Connection to Mainframe Computer Mrs. Locke presented the attached information relative to the cost for connecting PC Computers in Planning and Finance to the mainframe. The majority of the items included in the $5,312 figure can be absorbed within the Departmental budgets. The major allocation requested is the additional 512K memory for the mainframe. After a lengthy discussion by the Committee members it was felt that purchase now of the equipment described in the attachment would be the best procedure. The reasons for this is that it will take approximately 90 to 120 days to receive the equipment and by that time the users will be ready to hook up to the mainframe. Application for useage in Planning and Finance will be severely restricted without access to the mainframe. It should be noted that the original request went to the Finance Committee and was referred to the Information Services Committee. The 514 Committee recommends approval to purchase the equipment in the amount of $10,314. Upon motion made by Rhoda W. Maddox, seconded by Robert M. Rhodes an passed unanimously, the above recommendation was approved. FINANCE DEPARTMENT REQUEST FOR APPROPRIATION OF FUNDS - FY 1984 -1985 - APPROVED Mr. Owings presented the following request: The Lord Fairfax Soil and Water Conservation District is requesting that Frederick County act as fiscal agent for their expenditure relating to a salary of a conservation specialist. The appropriation needed for FY 1984 -1985 is $15,035.28 which includes fringe benefits. Frederick County will in turn bill the Conservation District quarterly. No additional local funds are required. Our share of this expenditure is currently budgeted. Upon motion made Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, the above was approved. It is also requested that funds be appropriated and transferred from Operating Contingency of $475 for John Liggett and $873 for Robert Williamson. These adjustments were approved at the October 10, 1984 Board Meeting. Upon motion made by Will L. Owings, seconded by C. William Orndoff, Jr. and passed unanimously, the above was approved. BOARD TO MEET WITH PARKS AND RECREATION COMMI NOVEMBER 14 TO DISCUSS COUNTY POOL(S) The Board discussed meeting with the Parks and Recreation Commission on November 8th for discussion of the County pool(s) but decided they would rather have the Commission meet independently on the 8th and make their recommendation to the Board of Supervisors who in turn will consider same on November 14. SCHOOL BOARD REQUEST FOR A JOINT WORKSESSION WITH BOARD OF SUPERVISORS TO DISCUSS SCHOOL BOARDS' CAPITAL IMPROVEMENT PROJECTS Mr. Stiles stated that the Board was in receipt of a letter from Dr. Walker wherein he is requesting, on behalf of the School Board, a joint meeting with the Board of Supervisors to discuss the capital improvements priority list for the Schools. Dr. Walker suggested November 19, at 6:30 P.M. for an hour. The Board felt an hour would not be sufficient time to discuss this matter and suggested this meeting be held at another time. RESOLUTION REQUESTING THE TRAN' TOWN OF MIDDLETOWN R OF PR OPERTY TO THE Mr. Riley will acknowledge receipt of the following resolution and let the Town of Middletown know that the County is not in position at this time to give them an answer on this: WHEREAS, the Frederick County School Board closed the Middletown Elementary School, and WHEREAS, the property was returned to the Board of Super- visors of Frederick County, and WHEREAS, the citizens of Middletown were responsible for the construction of the Middletown Elementary School in 1909, therefore BE IT RESOLVED, by the Town Council for the Town of Middletown, Virginia, that it is hereby requested that the properties of the Middletown Elementary School be returned to the Town of Middletown and its citizens. Passed this 11th day of October, 1984. RESOLUTION FROM CLARKE COUNTY BOARD OF SUPERVISOR REFERENCING THE ABANDONMENT OF THE FORD AT THE OPEQUON CREEK ON ROUTE 660 - REFERRED TO THE PLANNING OFFICE The following resolution was referred to the Planning Office: WHEREAS, the Board of Supervisors of the County of Frederick, Virginia, has requested that the Virginia Department of Highways and Transportation institute proceedings to abandon the ford at the Opequon Creek on Secondary Route 660; and, WHEREAS, the Board of Supervisors of the County of Clarke has previously considered abandonment of the aforesaid ford on Secondary Route 660 and has not favored abandonment because a number of Clarke County residents use the ford crossing on a daily basis; and, WHEREAS, regular users of the aforesaid ford crossing appeared before the Clarke County Board of Supervisors in meeting assembled the 16th day of October, 1984, to request that the Board reaffirm the Clarke County position that the ford be maintained as part of the Virginia Secondary Road System; and now, therefore, BE IT RESOLVED, by the Board of Supervisors of the County of Clarke that the Virginia Department of Highways and Transportation be, and hereby is, respectfully requested to maintain the ford crossing at Opequon Creek on Secondary Route 660 as part of the Virginia Secondary Road System and that proceedings pursuant to abandonment of the ford crossing not be instituted based on the clear demonstration of current and continuing use of the aforesaid ford crossing; and, BE IT FURTHER RESOLVED, by the Board of Super- visors that the Virginia Department of Highways and Transportation be, and hereby is, encouraged to investigate realignment and other engineering and structural measures to mitigate the nuisance problems that exist for landowners adjacent to the ford crossing at Route 660. DEPARTMENTAL QUARTERLY REPORTS - APPROVED Upon motion made by C. William Orndoff, Jr., seconded by Will L. Owings and passed unanimously, the Departmental Quarterly Reports were approved as submitted. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO ADJOURN. 516 J J � Ch irman, Boatf Supervisors grerk, Board of Supery