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October 27, 1982 Regular Meeting668 A Regular Meeting of the Frederick County Board of Supervisors was held on October 27, 1982, 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 John Fitzgerald of the Big Brothers /Big Sisters Organization. ADOPTION OF AGENDA Mrs. Maddox stated that she had two guests that she would like to introduce to the Board later in the meeting. She further stated that she had a letter from the Downtown Development Board that she would like to discuss with the Board. Mr. Koontz stated that he had an announcement he would like to make. Upon motion made by David L. Smith, seconded by Rhoda W. Maddox and passed unanimously, the agenda was adopted as amended. APPROVAL OF MINUTES Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, the minutes of the Regular Meeting of September 22, 1982, Special Meeting of September 27, 1982 and Special Meeting of October 5, 1982, were approved as submitted. REQUEST FROM WINCHESTER MEMORIAL HOSPITAL - APPROVED Mr. Koontz stated that the Board had received a request from the Winchester Memorial Hospital for support and endorsement of an Open Heart Surgery Program at the Hospital. Upon motion made by Will L. Owings, seconded by William H. Baker and passed unanimously, that the request from the Winchester Memorial Hospital for the Board's support and endorsement of an Open Heart Surgery Program to be started at the Hospital be approved. RESOLUTION HONORING MARIETTA CATHER - APROVED Upon motion made by Kenneth Y. Stiles, seconded by Rhoda W. Maddox and passed unanimously, the following resolution was approved: WHEREAS, Marietta Cather is a member of the Frederick County 4 -H Meats Evaluation Team, and; WHEREAS, she was the high individual scorer in the State 4 -H Congress Contest held in Blacksburg, Virginia in June, 1982, and; 689 WHEREAS, this achievement has brought honor and credit to herself, her parents and to her community; NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors hereby expresses its congratulations to Marietta Cather for her outstanding achievement; BE IT FURTHER RESOLVED, that a true copy of this resolution be delivered to Miss Cather. RESOLVED this, 27th day of October, 1982. S.' r Ko tz -Chairman Rhoda W. Maddox e" Will L. Owings, Vice- Chairman William H. Baker David L. Smith Kenneth Y. Stiles ATTEST: Carol T. Bayliss, Deputy Clerk Board of Supervisors RESOLUTION HONORING JANET MARIE STILES - APPROVED Upon motion made by Will L. Owings, seconded by William H. Baker and passed unanimously, the following resolution was approved: WHEREAS, Janet Marie Stiles is a Senior at James Wood High School, and; WHEREAS, she is a member of the Maryland Dairy Judging Team and placed second highest in the United States at the National 4 -H Dairy Judging Contest held in Madison, Wisconsin in September, 1982, and; WHEREAS, this achievement has brought honor and credit to herself, her parents and to her community. NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors do hereby express its congratulations to Janet Marie Stiles for her outstanding achievement. BE IT FURTHER RESOLVED, that a true copy of this resolution be delivered to Miss Stiles. R SOIL,VED this 2 th , ay of October, 1982. t 1 -t 5.: oger Koontz, haimm n Rhoda W. Maddox Will L. Owings, Vice- Chairman William H. Baker David L. Smith Kenneth Y. Stiles ATTEST: Carol T. Bayliss, Deputy Clerk Board of Supervisors APPOINTMENT OF MR. DONALD TONEWALL MAGI STERI LINE TO THE ROAD VIEWERS FROM CT - APPROVED Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, that Mr. Donald Cline be appointed to serve as a Road Viewer from Stonewall Magisterial District. Mr. Owings stated that due to illness he was unable to make his appointment from Opequon District at this time. Mr. Smith stated that he was unable to make his appointment for the same reason and will have it for next month's meeting. DR. FOREST RACEY REAPPOINTED TO THE HANDLEY REGIONAL LIBRARY BOARD - APPROVED Upon motion made by Rhoda W. Maddox, seconded by William H. Baker and passed unanimously, Dr. Forest Racey was reappointed to the Handley Regional Board. BOARD DISCUSSES COUNTY'S CURRENT POSITION REGARDING PAUL RHINEHART PROPERTY Mr. Koontz stated that he would like to refer this to the Planning Commission for their consideration. Mr. Stiles stated that he was under the impression that time was of the essence, and he did not feel that referring it to the Planning Commission could shed any additional light, and that they could not provide the Board with any additional information. The Board discussed as to whether or not this was a legal question and what part zoning played in it. The Board felt that this matter should be set aside until later on in the meeting when Mr. Ambrogi, Commonwealth's Attorney, was present. INQUIRY BY SHENANDOAH COLLEGE AND CONSERVATORY OF MUSIC Mr. Horne stated that the College is presently interested in purchasing some land east of Route 81 in Frederick County. The Planning Commission and staff discussed this request and a number of options for accommodating such a request. At present the property that the College is interested in is zoned R -2 and there are some questions by the Commission as to whether Colleges were appropriate in an R -2 zoned as permitted use. There was a general feeling among the Commission and staff that possibly the most appropriate zoning for such a use would be in an institutional and office zoning district. Such a district would have to be completely drafted and instituted and it was felt by the Commission that if the Commission and the Board of Supervisors could informally endorse the College's plans for exten- sion onto the property, there may be no need for formal action at this time. The College has no immediate plans for the development of the property but 691 does have immediate plans for purchase of the property if they can be assured that they will ultimately be allowed to use the property for part of their College campus. The Board discussed this recommendation with Mr. Horne and requested that he draw up a resolution to be considered by the Board at their meeting on November 10, 1982. FINANCE COMMITTEE REPORT AND RECOMMENDATIONS Mr. William Baker, Chairman, presented the following Committee Report: The Finance Committee met on October 12, 1982 with all members and the following persons present: Jim Boyd, John Horne, Dorothy Keckley, Esten Rudolph, Barbara Ratcliff and Steve Jacobs (Consultant from Robinson, Farmer, Cox Associates) . Discussion of the CIP Fiscal Impact Report Steve Jacobs presented a summary of his fiscal impact report to the Committee. The Finance Committee and all persons present had a lengthy discussion concerning the report as presented. The Committee makes the following recommendations: A. The Finance Director and staff update, each year, the financial trend indicators as presented in CIP Report #1 - Financial Analysis and have said information available each year at budget time. B. The Finance Director and staff prepare a summary of projected revenues for the current year as related to budget estimates and prepare preliminary revenue and expenditure estimates for the fiscal year 83 -84 and have these figures available by the next Finance Committee meeting scheduled for November 2nd. At that time the Committee will be able to take an in -depth look at the overall financial outlook of the County for this fiscal year and get some indication of what the financial outlook will be for next year. C. The Finance Director and staff prepare a recommendation regarding the availability of funds to renovate Kline School. D. Each year, as a part of the budget preparation process, the Finance Committee determine the amount of funds available for Capital Improvement Projects and the Planning Commission then prioritize the requested projects, in lieu of funds available, and make a recommendation to the Finance Committee as to which projects should be funded the current year and each succeeding year for a five -year period. 692 Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above was approved. Discussion of Cash Flow Projections The Finance Director presented a bar graph which indicated that the cash balance in the General Operating Fund is decreasing each year reaching a low point during the months of September and October of each year. It was pointed out that if the current trend continues the County could have to borrow money to operate within two years and possibly next year. A discus- sion ensued on the projected availability of cash to meet payout schedules on the Courthouse Project. The Finance Director reported that a projected payout schedule has been requested from Howard Shockey and Sons and will be available in two weeks. The Committee recommends that the County commence twice yearly tax collections on Real Estate Taxes as soon as the Treasurer's Office can be provided additional office space in conjunction with moving the Clerk's Office into the new Courthouse Complex. This could be possible as early as 83 -84 but in all probability would take place in 84 -85. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above was approved. Personal Property Tax Collections The Committee recommends that all delinquent personal property taxes be turned over to the Commonwealth's Attorney for collection and the Common- wealth's Attorney be authorized to take all legal actions necessary to ensure collection. The Treasurer will turn delinquent lists over to the Commonwealth's Attorney as soon as possible after the first of the year. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above was approved. Business License Tax The Commissioner of Revenue reported that there is a movement at the State level to abolish the Merchants Capital Tax which would mean a loss of revenue to the County of approximately $150,000.00. Robinson, Farmer, Cox Associates estimated, in August 1981, that a Business License Tax at the maximum allowable rate would generate $372,880 and at 50$ of the maximum rate would generate $186,440 per year. If a Business License Tax is enacted the Merchants Capital Tax must be repealed 693 by the County. It was the consensus of the Committee that the Business License Tax is more equitable than the Merchants Capital Tax. The Committee recommends that the attached Business License Tax Ordinance be advertised for public hearing and action on November 24, 1982, said ordinance to become effective January 1, 1983. It is further recommended that the firm of Robinson, Farmer, Cox Associates be retained on an as needed basis to answer any technical questions that may arise in putting the ordinance into effect. Mr. Koontz stated that all we are doing now is moving for this to be advertised. Mr. Baker stated that is correct. There will be a meeting in Richmond on November 4. Mr. Boyd will be attending this along with Mr. Rudolph and it was requested that Mr. Owings attend as the Board representative if possible. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, the above was approved. This will be scheduled for public hearing on November 24, 1982. Tax Relief for the Elderly A Tax Relief for the Elderly Summary for 1982 was presented by the Commissioner of the Revenue. A copy is attached for the Board's review. Quarterly Report of Finance Department The Committee noted the quarterly report of the Finance Department. A copy is attached for the Board's review. Disposal of Armel School Property The Finance Director reported that the Armel School property is being appraised and the Parks and Recreation Commission will make a recommendation at their next meeting. Request for Funds from Parks and Recreation Director The Parks and Recreation Director requested $325.00 for two employees to attend a Revenue Sources Management School to be held in Wheeling, West Virginia. The Committee recommends that the request be denied. Please see copy of memo and information attached. Upon motion made by William H. Baker, seconded by Will L. Owings and passed unanimously, that the above Committee recommendation be approved. PERSONNEL COMMITTEE REPORT AND RECOMMENDATIONS Mr. William Baker, Chairman, presented the following Committee Report: 694 The Personnel Committee met on October 21, 1982, with William Baker, James Longerbeam and Ann Kelican in attendance and makes the following report and recommendations to the Board: The Committee conducted the merit performance evaluation of the Director of Parks and Recreation and submits this evaluation to the Board for certification. It would be appropriate for the Board to review this evaluation in Executive Session. (Code Section 2.1 -344, Subsection (a) (1) Personnel) . Merit evaluations conducted during the month of September were reviewed and certified by the Committee. The quarterly report prepared by the Administrative Assistant /Personnel was reviewed and endorsed by the Committee for submission to the Board of Supervisors. BOARD DISCUSSES COUNTY'S POSITION REGARDING PAUL RHINEHART PROPERTY Mr. Horne brought the Board up to date on previous Board actions that did entail some type of approval for Mr. Rhinehart to store certain materials that would come to our Landfill. There has been no subsequent Board action outside of an approval of rezoning of some property for Mr. Rhinehart since that time. He further stated that the previous Public Works Director was aware of the situation and did have contacts with Mr. Rhinehart concerning this. Mr. Horne further stated that the immediate situation as it now stands is whether to proceed with the construction of the prototype processing plant that Mr. Rhinehart has requested a building permit for which will allow him to extend industrial grade electricity to this plant. The staff feels that before the County proceeds any further with official County action, and the sanctioning of this activity at the site, that a determination needs to be made as to exactly what is taking place and how it grew to its present scope. He further stated that he feels determination has to be made as to what the original permit was for and if that approval was not for the present activity but for something less, then in his opinion, the Board has to establish the level of activity that was taking place when the current zoning ordinance came into effect which was November, 1973. Mr. Horne further stated that the Board needs to determine if the original permit covers the activity that is presently taking place at Mr. Rhinehart's property and if so the staff has no problem issuing building permits and allowing Mr. Rhinehart to continue this operation. 69; Mr. Stiles asked Mr. Horne if the current staff became aware of this situation about a year and a half ago. Mr. Horne replied that is correct. Mr. John Dennison stated that in April of 1981, Mrs. Moore, a member of the clerical staff, issued a permit for an incinerator furnace for Mr. Rhinehart. Mr. Stiles stated that the County staff has been aware of this situa- tion for the last three or four years. Mr. Koontz stated that was only certain members of the staff, not all of them. Mr. Stiles stated that he feels it needs to be made very clear that when a problem of this nature arises that it is absolutely imperative that the Board be informed of what is happening. He further stated that at no time is any member of the staff ever authorized to seek Legal Counsel other than that of the Commonwealth's Attorney and that no other Legal Counsel was to be retained without expressed approval of the Board of Supervisors. Mr. Rhinehart stated that the County staff had told him that he needed to get a permit to build the furnace and he had gotten this permit from the Inspections Department and the only thing he needed was the electrical hookup. He further stated that when he talked with the power company they told him he would have to talk with the County and get a permit before they could hook up the electricity. The County staff inspected the site and told him that they were not sure they could issue the permit for electricity and that is where he presently stands. Mr. Rhinehart further stated that he needed to have the electrical permit issued in order to fire the furnance to burn the tires. Mr. Smith asked Mr. Rhinehart approximately how many tires he had at the location. Mr. Rhinehart replied approximately four million. Mr. Koontz stated that the problem the County is wrestling with is whether the County should issue a building permit for this furnance to be built. Mr. Ambrogi stated that what Mr. Horne and Mr. Rhinehart have said is correct, Mr. Rhinehart's property is zoned Agricultural and the operation of disposing of tires is definitely Industrial. He further stated that he did not realize a permit had been issued for the incinerator. The Board recessed for ten minutes. 69 Mr. Baker stated that this was in his District and he felt it was a serious situation as far as the County was concerned and that the Board needed to make a decision not only for the County but also Mr. Rhinehart. The Board felt this should be discussed in Executive Session at tonight's meeting with Mr. Ambrogi. It was requested that Mr. Robert Harriman, Public Services Director; Mr. John Dennison, Building Inspector and Mr. John Horne, Planning Director go into Executive Session with the Board. This will be done as soon as the remainder of the agenda is completed. ZMAP PETITION #007 -82 - HARRY BENJAMINE CRIM AND FREIDA WHITE CRIM - SHAWNEE MAGISTERIAL DISTRICT - APPROVED Mr. Horne presented this request and stated that the Planning Commisson recommended unanimous approval. Mr. Butler, Attorney, appeared before the Board on behalf of the Petitioner. Upon motion made by David L. Smith, seconded by Kenneth Y. Stiles and passed unanimously, that zoning map amendment petition number 007 -82 of Harry Benjamine Crim and Freida White Crim, P. 0. Drawer 2097, Winchester, Virginia, consisting of 1.882 acres, now zoned R -3 (Residential - General) to be rezoned B -1 (Business- Limited) be approved. This property is designated as Parcel No. 0029 and 0030 on Tax Map No. 54E in the Shawnee Magisterial District. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21 ZONING, TO AMEND ARTICLE 1, SECTION 21 -1 BY THE REVISION OF THE DEFINITION OF SCHOOLS - APPROVED Mr. Horne presented this ordinance amendment and stated that the Planning Commission recommends unanimous approval. Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, that the following ordinance amendment be approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, TO AMEND ARTICLE 1, SECTION 21 -1 BY THE REVISION OF THE DEFINITION OF SCHOOLS Schools - A public, private or parochial school for the purpose of providing education through the 12th grade level. REQUEST FROM DOWNTOWN DEVELOPMENT BOARD - APPROVED Mrs. Maddox stated that the Downtown Development Board was requesting that the County participate in the Christmas decorating of the Downtown Mall by placing candles in the windows of the County Administration Building for a total cost of $70.00. They are also requesting permission to place a Christmas tree in the Courtyard. 69 Upon motion made by Will L. Owings, seconded by William H. Baker and passed unanimously, that the request of the Downtown Development Board as stated above be approved. OBSERVANCE OF HALLOWEEN WITHIN THE COUNTY Mr. Koontz made the following statement in observance of Halloween within the County: I would like to urge parents to keep children in the confines of their immediate neighborhood and examine all food stuff that children receive. Mrs. Maddox introduced two young men that had been guests of her family from the Netherlands and were present at tonight's Board Meeting. BOARD RETIRES INTO EXEUCTIVE SESSION Upon motion made by Kenneth Y. Stiles, seconded by Will L. Owings and passed unanimously, the Board retired into Executive Session in accordance with Virginia Code, Section 2.1 -344, Subsection (a) (6) to discuss a Legal matter. BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by William H. Baker, seconded by David L. Smith and passed unanimously, the Board withdrew from Executive Sesssion. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by William H. Baker, seconded by David L. Smith and passed unanimously, the Board reconvened into Regular Session. Mr. Koontz requested that Mr. Rhinehart and Mr. Tisinger, Mr. Rhinehart's Attorney, meet with Mr. Ambrogi, Mr. John Horne, Mr. Robert Harriman and Mr. John Dennison at this time in the Board Conference Room. BOARD RETIRES INTO EXECUTIVE SESSION Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, the Board retired into Executive Session in accordance with Virginia Code, Section 2.1 -344, Subsection (a) (1) to discuss Personnel matters. BOARD WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENES INTO REGULAR SESSION Upon motion made by William H. Baker, seconded by Rhoda W. Maddox and passed unanimously, the Board reconvened into Regular Session. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT 15 ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. Deputy Clerk Bo�Clot eY