July 13, 1994 Regular Meeting
001
A Regular Meeting of the Frederick County Board of Supervi-
sors was held on July 13, 1994, 7:15 P.M., in the Board of
Supervisor's Meeting Room, Frederick County Courthouse, Loudoun
street Mall, winchester, virginia.
PRESENT: Richard G. Dick, Chairman; W. Harrington smith,
Jr., Vice-Chairman; James L. Longerbeam; Robert M. Sager; Jimmie
K. Ellington and Charles W. Orndoff, Sr.
CALL TO ORDER
The Chairman called the meeting to order.
INVOCATION
The invocation was delivered by Reverend Mark E.
Fitzsimmons of the Grace Evangelical Lutheran Church.
ADOPTION OF AGENDA
Mr. Riley requested the addition of a request from United
Way campaign to be added under the Finance Committee Report.
Upon motion made by W. Harrington Smith, Jr., seconded by
Robert M. Sager, the agenda was adopted as amended by the
following recorded vote:
Richard G. Dick - Aye
W. Harrington Smith, Jr. - Aye
James L. Longerbeam - Aye
Robert M. Sager - Aye
Jimmie K. Ellington - Aye
Charles W. Orndoff, Sr. - Aye
BUSINESS AWARD FOR MONTH OF JULY. 1994 PRESENTED TO PERRY
ENGINEERING COMPANY. INC.
Mr. Smith presented the board award for the month of July
to Perry Engineering Company, Inc.
Mr. and Mrs. Rupert Werner were present to accept this
award on behalf of Perry Engineering.
CONSENT AGENDA
Mr. Riley suggested the following tabs for approval under
the consent agenda, as well as the Finance Committee Report,
with the exception of Item 15 of this report:
1. Virginia Department of Transportation Secondary System
Construction Budget for FY 1994-95 - Tab 0;
2. Memorandum to Schedule a PUblic Hearing for Planning
commission Items - Tab E;
3. SUbdivision Application - Julia F. Carper - Tab H;
4. Subdivision Application - Ray Robinson - Tab I;
~
002
5. Memorandum Re: County/state Agreement for Route 642
Project - Tab J;
6. Activity Report - June 16-30, 1994 - Tab K;
7. Parks and Recreation Commission Report - Tab L;
8. Transportation Committee Report - Tab M;
9. Public Works Committee Report - Tab N.
Upon motion made by W. Harrington Smith, Jr., seconded by
Charles W. Orndoff, Sr., the consent agenda as noted above was
approved by the following recorded vote:
Richard G. Dick - Aye
W. Harrington smith, Jr. - Aye
James L. Longerbeam - Aye
Robert M. Sager - Aye
Jimmie K. Ellington - Aye
Charles W. Orndoff, Sr. - Aye
CITIZEN COMMENTS
Mr. Kenneth Y. stiles, stonewall District, addressed the
board to express his disapproval of the proposed salary survey
that would be presented later under the Personnel Committee
Report. He stated that he had served fourteen years on the
board of supervisors and that he had always supported law
enforcement and continues to do so, however he felt this salary
survey was bias, unprofessional and in his opinion a joke. He
felt that surrounding counties such as Shenandoah, Warren, and
Clarke should have been used as comparisons and that fringe
benefits should have been looked at as part of the benefit
package. He felt the fact that standard deviation was used was
absolutely absurd along with the preselected population. He
felt that deputies should be paid more than correctional offi-
cers. He further noted that the county had solicited the
services of Mr. Bernie Oempsky, for which they paid $600,
however none of his recommendations were applied to this survey.
He felt this entire plan needed to be sent back to the Personnel
Committee for further study before the board votes on it.
Mr. Mike Webber, stonewall District, explained to the board
that he felt the city and county should be working together and
that the county offices should remain downtown. He is opposed
to the county offices being moved to Route 50 East as this would
spur growth and development in that area. He addressed a remark
003
that board member Harrington smith had made with regard to the
ADA requirements, noting that his children go to Stonewall
Elementary School, and that this facility does not comply with
ADA. He is also concerned about the proposed route 37 project
as one of the planned routes would go across property that he
owns, this has been going on for over two years and a final
decision needs to be made.
Mr. Gerry smith, addressed the board at which time he
requested one hour for different members of the We Care Commit-
tee to address the board. The board concurred with this re-
quest.
Mary Lou Koontz, Gainesboro District, noted that some 8,000
signatures had been obtained on the petitions that had been
circulating in the county and city and the committee hoped to
have the petitions finalized within two weeks.
Kirby Brown, Gainesboro District, stated that he had ten
questions that he would like to present to the board at this
time for their discussion and response.
The question of moratorium on annexation was addressed.
Mr. Sager stated that he felt it had to be a complete
moratorium, and that in his opinion it was not negotiable.
Mr. Brown asked if the board felt it was to the county's
advantage to have the offices downtown.
Mr. Dick replied that Frederick County needs to expand its
economic base, as the burden of taxes is currently on the home-
owners of the county.
Mr. Brown asked when the board plans on voting on the
O'Sullivan proposal.
Mr. Dick explained that the board will not be voting on
anything at this meeting.
Mr. Brown stated that he understood a third proposal is
going to be offered.
Mr. Dick replied that the county will accept any and all
proposals.
004
Mr. Brown questioned the need for 100,000 square feet that
is being proposed as the size that is needed for a county office
building.
The issues of a referendum, bonds and how this would be
applied to this particular issue was discussed by the board
members and Mr. Brown to great lengths.
Mr. Gerry smith asked if the issue of when the city could
begin annexation, if they so choose, could be finalized by board
members once and for all.
Mr. Orndoff stated that he did not feel it should be the
year 2005 as he felt it should be forever.
Mr. Longerbeam stated that it was through the year 2005 as
far as the county was concerned.
Mr. Ellington stated that he did not feel the economic base
that the county needs is in downtown Winchester, however he
feels this needs to go to the voters and he will not vote to
move out of town until the voters have had a chance to vote on
this issue.
When asked how they felt about the year of annexation being
through the year 2005 the following vote was taken:
Richard G. Dick - Aye
W. Harrington Smith, Jr. - Aye
James L. Longerbeam - Aye
Robert M. Sager - Nay
Jimmie K. Ellington - Aye
Charles W. Orndoff, Sr. - Nay
Mr. Robert Solenberger, Gainesboro District, felt that
cooperation between the city and county is very important. He
further explained that he is a county taxpayer as he owns a
great deal of property in the county, and whatever the board
decides it will mean more money being spent. He addressed the
condition of the buildings at 9 Court Square as awful, and
agrees that something needs to be done to make these working
conditions better, but does not agree that the county needs a
100,000 square foot building. He does feel that annexation
should be an issue in the final decision.
Mr. Donald W. Luttrell, Gainesboro District, does not agree
that the ,current school administration building should be
changed back into an elementary school as the cost involved is
005
too great. He asked how much is the CourtHouse Associates law
suit going to cost the county.
Mr. Longerbeam stated that he didn't feel it was going to
cost the county a dime.
At this time Mr. Dick called for time as the hour that has
been requested had expired.
Mr. Gerry smith thanked the board for the time.
Mr. Sager asked Mr. Gerry smith about his letter of July
13, 1994 and if he was saying that he would not be making a
profit as far as the proposal that he had presented in the
letter.
Mr. smith advised Mr. Sager to read the letter.
Mr. Sager replied that he had read the letter and the
question remains.
Mr. Smith replied read the last sentence of the letter.
Mr. Sam Lehman, Gainesboro District, knows their time is
up, but he requested that there be no straw ballots and that the
ballot actually be presented on the regular election day in
November of 1994.
Mr. Kenny stiles, stonewall District, does not agree with
staying downtown as he has stated many times. He felt the
county should make their plans to move the county offices to the
western end of the county, build a 50,000 square foot building,
use the monies that have been set aside for this project, and
only build what they can pay for at this time.
MINUTES
Upon motion made by Charles W. Orndoff, Sr., seconded by
Robert M. Sager, the minutes of the regular meeting of June 8,
1994 were approved as presented by the following recorded vote:
Richard G. Dick - Aye
W. Harrington smith, Jr. - Aye
James L. Longerbeam - Aye
Robert M. Sager - Aye
Jimmie K. Ellington - Aye
Charles W. Orndoff, Sr. - Aye
AMY GENTRY REAPPOINTED TO THE SOCIAL SERVICES BOARD FROM
BACK CREEK DISTRICT
Upon motion made by James L. Longerbeam, seconded by Robert
M. Sager, Amy Gentry was reappointed to the county social
006
services board, as the representative from Back Creek District,
said term to be retroactive to July l, 1994 and terminate on
June 30, 1998.
The above motion was approved by the following recorded
vote:
Richard G. Dick - Aye
W. Harrington Smith, Jr. - Aye
James L. Longerbeam - Aye
Robert M. Sager - Aye
Jimmie K. Ellington - Aye
Charles W. Orndoff, Sr. - Aye
PAUL J. NEAL. JR.. ATTORNEY. ADDRESSED THE BOARD RE: BILL
OF COMPLAINT - SHIRLEY N. SMOOT - DENIED
Mr. Paul J. Neal, Jr., local attorney, addressed the board
with regard to a Bill of Complaint he has filed on behalf of his
client Shirley N. Smoot, a citizen of Frederick County.
Mr. Ambrogi, county attorney, explained to the board that
the board of supervisors has not been sued, only the county
treasurer and the county commissioner of revenue. He further
stated because of where this matter is within the courts he
could not discuss it at this time.
Upon motion made by James L. Longerbeam, seconded by Robert
M. Sager, the board of supervisors hereby denies the claim as
presented by attorney Paul Neal, Jr., on behalf of Shirley
Smoot.
The above motion was approved by the following recorded
vote:
Richard G. Dick - Aye
W. Harrington Smith, Jr. - Aye
James L. Longerbeam - Aye
Robert M. Sager - Aye
Jimmie K. Ellington - Aye
Charles W. Orndoff, Sr. - Aye
VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM
CONSTRUCTION BUDGET FOR FY 1994-1995 - APPROVED UNDER
CONSENT AGENDA
INCIDENTAL IMPROVEMENTS
480,000
REGULAR IMPROVEMENTS
1,667,398
UNPAVED ROAD IMPROVEMENTS
377.131
$
2,524,529
PLANNING COMMISSION PUBLIC HEARING ITEM SCHEDULED - AP-
PROVED UNDER CONSENT AGENDA
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Rezoning application #004-94 of Brown Lovett, Jr., and
Rezoning application #005-94 of Burger Buster will be heard by
the board of supervisors at their regular meeting on August 10,
1994.
PUBLIC HEARING:
THE SALE OF COUNTY OWNED PROPERTY LOCATED IN THE SHAWNEE-
LAND SANITARY DISTRICT. DESCRIBED AS SECTION A. LOT 90. AND
SECTION 23. LOT 54. LYING AND BEING SITUATE IN THE BACK
CREEK MAGISTERIAL DISTRICT. COUNTY OF FREDERICK. STATE OF
VIRGINIA - APPROVED
upon motion made by Robert M. Sager, seconded by Jimmie K.
Ellington, the above request on behalf of Shawnee land Sanitary
District was approved by the following recorded vote:
Richard G. Dick - Aye
W. Harrington smith, Jr. - Aye
James L. Longerbeam - Aye
Robert M. Sager - Aye
Jimmie K. Ellington - Aye
Charles W. Orndoff, Sr. - Aye
AN AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 155.
TAXATION: ARTICLE I. GENERAL PROVISIONS: TO AMEND SECTION
155-3. TAX RETURNS: FAILURE TO FILE. THE PROPOSED AMEND-
MENT WOULD CHANGE THE FILING DATE FOR TAXABLE MACHINERY AND
TOOLS. FURNITURE AND FIXTURES EMPLOYED IN A TRADE OR
BUSINESS FROM FEBRUARY 15 TO MARCH 15 AND WOULD ENABLE
TAXPAYERS TO FILE THE BUSINESS LICENSE APPLICATION AND TAX
RETURN ON THE SAME DATE - APPROVED
Mr. Riley presented this information to the board.
There was no public input.
Upon motion made by W. Harrington smith, Jr., seconded by
Robert M. Sager, to approve the following code amendment:
BE IT ORDAINED, that Chapter 155, Article I, section
155-3, Paragraphs A and B are hereby amended to read as
follows:
~ 155-3.
Tax returns; failure to file.
A. The annual return of taxable tangible personal property
and mobile homes for the county shall be filed with the Commis-
sioner of Revenue for the county on or before the 15th day of
February of each year; provided, further, that the annual return
of taxable personal property for any motor vehicle, trailer,
airplane or boat acquired after January 1 shall be filed with
the Commissioner of Revenue on or before the 15th day of Febru-
ary of each year or within thirty (30) days from the date of
acquisition or situs in the county, whichever occurs later.
B. The annual return of taxable machinery and tools,
furniture and fixtures employed in a business or trade, for the
county shall be filed with the Commissioner of Revenue for the
county on or before the 15th dav of March of each year; provid-
ed, further that the annual return of taxable machinery and
tools, furniture and fixtures acquired after January 1 shall be
filed with the commissioner of Revenue on or before the 15th day
of March of each year or within thirtv {301 days from the date
of acquisition or situs in the county, whichever occurs later.
008
C. A penalty for failure to file such return as required
in Subsection A is assessed at the rate of ten percent (10%) of
the tax assessable or due on such property or two dollars ($2),
whichever shall be the greater.
The above amendment was approved by the following recorded
vote:
Richard G. Dick - Aye
W. Harrington smith, Jr. - Aye
James L. Longerbeam - Aye
Robert M. Sager - Aye
Jimmie K. Ellington - Aye
Charles W. Orndoff, Sr. - Aye
AN AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 155.
TAXATION; ARTICLE IV. PERSONAL PROPERTY TAXES; SECTION
155-26.1. PRORATION OF TAX ON MOTOR VEHICLES. THE PROPOSED
AMENDMENT WOULD ALLOW FOR PERSONAL PROPERTY TAXES ON BOATS
TO BE PRORATED - APPROVED
Mr. Riley presented this information to the board.
There was no public input.
Upon motion made by W. Harrington Smith, Jr., seconded by
James L. Longerbeam, to approve the following ordinance amend-
ment:
BE IT ORDAINED, that Chapter 155, Article IV, Section
155-26.1, Paragraph A and B, is hereby amended to read as
follows:
S 155-26.1.
Proration of tax on motor vehicles.
A. Tax liability. There is hereby levied and assessed a
personal property tax at the same rate against the owner of any
motor vehicle, trailer or boat with a situs in the county who
acquires such property, or which property acquires a situs in
the county, on or after January 2 of any year, prorated on a
monthly basis, for that portion of the year during which such
owner owns such property and situs is in the county. For
purposes of proration, a period of more than one-half (1/2) of a
month shall be counted as a full month and a period of less than
one-half (1/2) of a month shall not be counted. All taxable
property shall be assessed as of January 1 of each year in which
the property has a situs in the county, provided that if a motor
vehicle, trailer or boat acquires situs in the county on or
after January 2, it shall be assessed as of the first day of the
month in which such situs was acquired.
B. Relief, refunds and credits. When any motor vehicle,
trailer or boat loses its situs within the county, the owner
thereof shall be relieved from personal property taxation and
receive a refund for personal property tax already paid, prorat-
ed on a monthly basis for that portion of the tax period remain-
ing, except as otherwise provided herein. Any motor vehicle,
trailer or boat legally assessed a personal property tax for any
tax year or portion thereof by another jurisdiction in the
commonwealth, which tax has been paid, shall be exempt from
personal property taxation by the county for such a tax year or
portion thereof. No refund shall be made if the motor vehicle,
trailer or boat with a situs in the county after January 1 or
the day on which it acquires a situs in the county, the tax
shall be relieved, prorated on a monthly basis, and the appro-
priate amount of tax already paid shall be refunded or credited,
at the option of the taxpayer, against the tax due on any motor
vehicle, trailer or boat owned by the taxpayer during the same
tax year by the Treasurer. Such refund shall be made within
thirty (30) days of the date such tax is relieved. No refund of
009
less than five dollars ($5.) shall be issued to a taxpayer
unless specifically requested by the taxpayer. Any person who
moves from a nonprorating locality to the county in a single tax
year shall be entitled to a property tax credit in the county if
the person was liable for personal property taxes on a motor
vehicle, trailer or boat and has paid those taxes to a nonprorat-
ing locality and the owner replaces for any reason the original
vehicle upon which taxes are due to the nonprorating locality
for the same tax year. The county shall provide a credit
against the total tax due on the replacement vehicle in an
amount equal to the tax paid to the nonprorating locality for
the period of time commencing with the disposition of the
original vehicle and continuing through the close of the tax
year in which the owner incurred tax liability to the nonprorat-
ing locality for the original vehicle. All taxpayers entitled
to a refund or credit shall make application therefor to the
Commissioner of Revenue, provided that application is made
within three (3) years from the last day of the tax year during
which the motor vehicle, trailer, or boat lost situs, was sold
or had its title transferred.
The above ordinance amendment was approved by the following
recorded vote:
Richard G. Dick - Aye
W. Harrington smith, Jr. - Aye
James L. Longerbeam - Aye
Robert M. Sager - Aye
Jimmie K. Ellington - Aye
Charles W. Orndoff, Sr. - Aye
AN AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 158.
VEHICLES AND TRAFFIC: ARTICLE III. COUNTY VEHICLE LICENSES:
SECTION 158-14. PENALTY FOR FAILURE TO OBTAIN AND DISPLAY
LICENSE AND FOR DISPLAY OF EXPIRED LICENSE. THE PROPOSED
AMENDMENT WOULD CHANGE THE 15 DAY FILING DEADLINE AND
PURCHASE REOUIREMENT OF A COUNTY DECAL TO 30 DAYS WHICH
COMPLIMENTS DMV'S 30 DAY TAG PROVISION - APPROVED
Mr. Riley presented this information to the board.
There was no public input.
Upon motion made by Robert M. Sager, seconded by Charles W.
Orndoff, Sr., to approve the following ordinance amendment:
BE IT ORDAINED, that Chapter 158, Article III, Section
155-14, Paragraph A and B, is hereby amended to read as follows:
S 155-14.
Penalty for failure to obtain and display
license and for display of expired license.
A. It shall be unlawful for the owner or operator of any
motor vehicle required to be licensed in the county under this
Article to fail to obtain and display the required county
license or to display upon such motor vehicle any county license
after its expiration date; provided, however, that a grace
period of thirty (30) days from the date of purchase or acquisi-
tion of any motor vehicle is granted within which the owner or
operator shall pay the license tax, fee or charge and obtain and
display the required license on such motor vehicle. A violation
hereof shall constitute a misdemeanor, punishable by a fine not
to exceed two hundred fifty dollars ($250). A violation hereof
may not be discharged by payment of a fine except upon presenta-
tion of satisfactory evidence that the required license has been
obtained.
B. There shall be imposed a penalty of five dollars ($5.)
for each motor vehicle required to be licensed if such license
was not purchased by February 15 of each tax license year or
010
within thirty (30) days from the date or purchase of acquisition
of any motor vehicle of which the total tax, fee or charge,
including such penalty, shall in no event be greater than the
amount of license tax, fee or charge by the commonwealth.
The above ordinance amendment was approved by the following
recorded vote:
Richard G. Dick - Aye
W. Harrington smith, Jr. - Aye
James L. Longerbeam - Aye
Robert M. Sager - Aye
Jimmie K. Ellington - Aye
Charles W. Orndoff, Sr. - Aye
AN AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 158.
VEHICLES AND TRAFFIC: ARTICLE I. GENERAL PROVISIONS:
SECTION 158-1. STATE UNIFORM TRAFFIC CODE ADOPTED.
PROPOSED AMENDMENT PROVIDES FOR AUTOMATIC INCLUSION
FREDERICK COUNTY CODE ON ANY PROVISION ENACTED INTO
THE GENERAL ASSEMBLY ON MATTERS RELATED TO VEHICLES
TRAFFIC - APPROVED
THE
IN THE
LAW BY
AND
Mr. Riley presented this information to the board.
There was no public input.
Upon motion made by W. Harrington Smith, Jr., seconded by
Jimmie K. Ellington, to approve the fOllowing ordinance amend-
ment was approved:
BE IT ORDAINED, that Chapter 158, Article I, General
Provisions, Section 158-1. is hereby amended to read as follows:
S 158-1.
State Uniform Traffic Code adopted.
A. pursuant to the authority and provisions of ~ 46.2-1313
of the Code of Virginia, 1950, as amended, the following chap-
ters and sections of Title 46.2, Motor Vehicles, of such code
are hereby adopted and incorporated by reference in this chapter
and made applicable within Frederick County and by this refer-
ence any future amendments to the following chapters and Sec-
tions of Title 46.2, Motor Vehicles, of such Code are hereby
adopted and incorporated in this chapter and made applicable in
Frederick County as of the effective date of such amendments:
(1) 46.2.300 Drive without license.
(2 ) 46.2-301 Suspended or revoked license.
(3) 46.2-302 Financial responsibility.
(4) 46.2-346 Prohibited use of driver's license.
(5) 46.2-347 Fraudulent use of driver's license.
(6) 46.2-348 False statements in application.
(7) 46.2-349 Unlawful to commit violation.
(8) 46.2-350 Penalty.
(9) 46.2-362 Appeals.
(10) 46.2-707 operate uninsured motor vehicle.
( 11) 46.2-715 Display of license plates.
(12) 46.2-722 Altered or forged license plates.
(13) 46.2-800.1
(14) 46.2-801
(15) 46.2-802
(16) 46.2-803
(17) 46.2-804
(18) 46.2-805
(19) 46.2-806
(20) 46.2-807
(21) 46.2-808
(22) 46.2-811
(23) 46.2-812
(24) 46.2-813
(25) 46.2-814
(26) 46.2-816
(27) 46.2-817
(28) 46.2-818
(29) 46.2-820
(30) 46.2-821
(31) 46.2-822
(32) 46.2-823
(33) 46.2-824
(34) 46.2-825
(35) 46.2-826
(36) 46.2-828
(37) 46.2-829
(38) 46.2-830
(39) 46.2-830.1
(40) 46.2-831
(41) 46.2-832
(42) 46.2-834
(43) 46.2-835
(44) 46.2-836
(45) 46.2-837
(46) 46.2-838
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Riding animals on highway.
Application to drivers of all
vehicles.
Drive on right.
Railroad intersections.
Highway lanes.
Lane direction control signals.
One-way roads.
Rotary traffic islands.
Controlled access highways.
Coasting.
Driving more than thirteen hours.
Occupied towed trailers.
Safety zone.
Follow too closely.
Disregard signal by police officer.
Stopping vehicle of another.
Right-of-way at intersection.
stop and yield right-of-way.
Right-of-way at traffic circles.
Forfeiture of right-of-way.
Right-of-way at "T" intersections.
Yield right-of-way.
stop before entering highway.
Funeral right-of-way.
Law Enforcement and emergency
vehicles.
Obey signs.
Same where driver sleeping or
resting.
Unofficial signs prohibited.
Injuring signs.
Signals by law officers.
Right turn on red.
Left turn after stopping.
Passing vehicles in opposite
direction.
Pass when overtaking vehicle.
012
(47) 46.2-839
(48) 46.2-840
(49) 46.2-841
(50) 46.2-842
(51) 46.2-842.1
(52) 46.2-843
(53) 46.2-844
(54) 46.2-845
(55) 46.2-846
(56) 46.2-847
(57) 46.2-848
(58) 46.2-849
(59) 46.2-850
(60) 46.2-851
B. Chapter 9 to wit:
Passing bicycle or moped.
Horn signal when overtaking
vehicle.
Pass on right when overtaking.
Right-of-way to overtaking
vehicle.
Same on divided highway.
Limitations on same.
School bus.
u-turns.
position and turning at intersec-
tion.
Left turns by bicycles and
mopeds.
Required signals.
How signals given.
Change of course after signal.
Signals prior to moving.
(1) Article 7 in its entirety (Reckless Driving).
(2) Article 8 in its entirety (Speeding).
(3) Article 9 in its entirety (Railroad Cross-
ings) .
(4) Article 10 in its entirety (Stopping on High-
ways) .
(5) Article 12 in its entirety (Bicycles).
(6) Article 13 in its entirety (Motorcycles and
Mopeds) .
(7) Article 15 in its entirety (Emergency
Vehicles) .
(8) Article 16 in its entirety (pedestrians).
(9) Article 17 in its entirety (Legal Procedures
or requirements).
C. Chapter 10 to wit:
(1) Article 1 in its entirety (Vehicle Equipment
Safety) .
(2) Article 3 in its entirety (Lights and Turn
Signals) .
(3) Article 4 in its entirety (Tires).
(4) Article 5 in its entirety (Exhaust System).
(5) Article 6 in its entirety (Windshields and
Windows) .
013
(6) Article 7 in its entirety (Horns, Sirens and
Whistles) .
(7) Article 8 in its entirety (Suspensions) .
(8) Article 9 in its entirety (Brakes) .
(9) Article 11 in its entirety (paint and
Lettering/School Buses).
(10) Article 12 in its entirety (Safety Belts).
(11) Article 13 in its entirety ( Child Restraints) .
(12) Article 20 in its entirety (Loads and cargos).
D. Chapter 12 to wit:
( 1) Article 1 in its entirety (Abandoned Vehi-
cles) .
(2) Article 2 in its entirety (Immobilized Vehi-
cles) .
(3) Article 3 in its entirety (Trespassing Vehi-
cles, Parking and Towing) .
The above ordinance amendment was approved by the following
recorded vote:
Richard G. Dick - Aye
W. Harrington Smith, Jr. - Aye
James L. Longerbeam - Aye
Robert M. Sager - Aye
Jimmie K. Ellington - Aye
Charles W. Orndoff, Sr. - Aye
End of Public Hearings.
SUBDIVISION APPLICATION - JULIA F. CARPER - APPROVED UNDER
CONSENT AGENDA
This request was for one lot at the end of carpers Drive,
at Sunnyside, northeast of North Frederick pike in Stonewall
Magisterial District.
SUBDIVISION APPLICATION - RAY ROBINSON - APPROVED UNDER
CONSENT AGENDA
This request was for one lot on Route 652 (Apple Valley
Road), approximately .04 miles west of Route 11 South (Valley
Pike) in Back Creek Magisterial District.
COUNTY/STATE AGREEMENT FOR ROUTE 642 PROJECT - APPROVED
UNDER CONSENT AGENDA
This agreement is between Frederick County and Virginia
Department of Transportation, concerning the Route 642 project.
This agreement specifies the responsibilities of each part for
completing this project. It was brought to the county's atten-
tion by Jay Cook of the County Attorney's office that the board
014
needs to understand that under the agreement, any costs incurred
over the budgeted amount for the project are the sole responsi-
bility of the County. (The board may recall that the county has
applied for an additional $500,000 in Revenue Sharing funds to
help off-set any cost overruns should they occur.)
ACTIVITY REPORT - JUNE 16-30. 1994 - APPROVED UNDER CONSENT
AGENDA
PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER
CONSENT AGENDA
The Parks and Recreation Commission met on May 24, 1994.
Members present were: Robert Roper, Charles Sandy, Cheryl
swartz, Timothy Hockman, Robert Hartman.
Submitted for Information Only:
Request from Winchester Swim Team - As recommended unani-
mously by the Commission, Mr. Tag Grove, Head Coach, will
provide specific recommendations to the staff at a later date on
development of an indoor pool facility.
Dedication Request - As recommended unanimously by the
Commission, Mr. Neal Nibley will inform the board members of the
National Little League that a monument type structure would be
more appropriate to erect at the Sherando Park ball fields to
recognize present and future individuals for their dedication to
the league. He will report back to the staff for appropriate
action.
Request from American Leqion Baseball for Cosponsorship
status - Mr. Hartman moved to cosponsor the American Legion
Baseball League this year and waive fees next year, if approved
by the Board of Supervisors, seconded by Mr. Hockman, carried
unanimously (4-0)
TRANSPORTATION COMMITTEE REPORT - APPROVED UNDER CONSENT
AGENDA
The Frederick County Transportation Committee discussed the
following items:
1) Proposed Improvements To Greenwood Road (Rt. 656) Between
Senseny Road (Rt. 657) and Valley Mill Road (Rt. 659).
The committee listened to presentations by Chuck Maddox of
G.W. Clifford & Associates, and Bill Bushman of VDOT. Mr.
Maddox's presentation involved the relocation of the majority of
the road segment which would serve as a major collector. This
relocation would move Greenwood Road further to the west and
traverse property that is zoned RP, Residential Performance
District, which has approved master development plans. The
committee felt that this proposal warranted consideration as the
majority of this relocated road segment could be built by
developers.
Mr. Bushman presented two designs that would improve the
alignment and gradient of the intersection of Greenwood Road and
Valley Mill Road. The committee recommended that the second
design be constructed as part of the Greenwood Road improvement
project (currently priority #1 on the Frederick County Secondary
Road Plan). This design will raise the existing road out of the
flood area, provide a new alignment, straighten both segments of
Greenwood Road and Valley Mill Road, and provide a bridge over
Abrams Creek.
015
2) Proposed Improvements To The Route 37 Exit Ramp At Kerns-
town.
staff presented a report to the committee regarding the
Urquhart tract, located adjacent to Interstate 81, Route 37, and
Valley pike (Route 11). Urquhart & Company has received permis-
sion from the Commonwealth Transportation Board to provide an
entrance into this site in an area defined as limited access.
This proposed entrance would be in alignment with the Route 37
exit ramp.
VDOT will not grant this new entrance unless Frederick
County enters into an agreement to ensure that any costs associ-
ated with improvements to the Rt. 37 exit ramp are covered. The
committee strongly opposed this agreement unless assurances are
made by Urquhart & Company to cover all costs associated with
any improvements.
3) Staff reported that the Sheriff's Department thanked all
committee members for their role in submitting a grant applica-
tion that will provide additional money to be used for DUI
checkpoints and neighborhood speed zone patrols.
PUBLIC WORKS COMMITTEE REPORT - APPROVED UNDER CONSENT
AGENDA
The Public Works Committee met on Tuesday, July 5, 1994, at
7:30 a.m. Present were board members Charles W. Orndoff, Sr.
and W. Harrington Smith, Jr., committee members Karen Kober,
Dudley Rinker and Jim Wilson; County Administrator, John R.
Riley, Jr., and Director of PUblic Works, Harvey E. strawsnyder,
Jr., P.E.
The following items were discussed:
*** Items Not Requiring Action ***
1. Disposition of Gore School (Attachment 1)
Since the May committee meeting, we have received two
(2) proposals, each in the amount of $50,000, for the purchase
of the Gore School. These proposals are attached for your
review. The uses included in the proposals range from multi-
family to subdivision. Prior to approving either of these
proposals, the Public Works Committee suggests that Mr.
Longerbeam and Mr. Ellington organize a public meeting to
discuss the various options with the Gore residents. Based on
the results of this meeting, the committee will make a recommen-
dation to the Board.
2. Review of Asbestos Removal Proposed for the J.C.
Penny's Building (Attachment 2)
Demolition is one alternative for the future fate of
the existing J.C. Penny's building. In order to properly evalu-
ate this alternative, it is necessary to establish a cost or
cost range for removal of the asbestos containing material prior
to demolition. As an initial step in this process, we engaged
the services of Building Diagnostics Incorporated to perform an
asbestos survey and provide an estimated cost range for removal
of the asbestos containing material. A copy of their report is
attached for your review and future reference. This is provided
as general information to be used in the future disposition of
this property.
3. Virqinia Revolvinq Fund Loan - Landfill Leachate
Collection and Treatment proiect (Attachment 3)
We are currently involved in the process of obtaining
a VPDES permit for discharging treated leachate into the Opequon
Creek. During this process, we were informed by DEQ that we
were eligible for funding from the Virginia Revolving Loan Fund.
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016
They indicated that interest rates varying from 3 to 6 percent
might be available.
The engineers' estimate prepared by G.W. Clifford and
Associates indicates that the project will cost approximately
$450,000. A motion was made by Dudley Rinker and seconded by
Harrington Smith to apply for the loan immediately because of
the July 15, 1994 deadline. Prior to actually receiving any
funds, the loan should be returned to committee to evaluate the
interest rate. Based on this evaluation, a recommendation will
be forwarded to the Board for their approval.
4. Update on street siqns
The initial street sign contract with amendments will
be completed on or before July 10, 1994. After that time, the
Public Works Department will award an annual maintenance con-
tract to accommodate sign replacements due to accidents, vandal-
ism and any other unforeseen problems.
5. Miscellaneous Reports
various reports were submitted to the committee for
their information (see attachments 4, 5 and 6).
PERSONNEL COMMITTEE REPORT
The Personnel Committee met on June 9, 1994 with the
following members present: John R. Riley, Jr., Ann K. Kelican,
James L. Longerbeam, Chairman, Jimmie K. Ellington, Robert S.
Gordanier, Leonard D. Newcome, and Tonie M. Wallace.
The Committee submits the following report and recommenda-
tions to the Board of supervisors for consideration:
Proposed Amendment to Employee of the Month policy
Upon motion made by James L. Longerbeam, seconded by Robert
M. Sager this policy was approved, as amended, to say the
employee may choose either to receive $100 or have the day off,
either/or.
The above motion was approved by the following recorded
vote:
Richard G. Dick - Aye
W. Harrington Smith, Jr. - Aye
James L. Longerbeam - Aye
Robert M. Sager - Aye
Jimmie K. Ellington - Aye
Charles W. Orndoff, Sr. - Aye
Proposed Salary Survey
This was presented to the board members under separate
cover.
Mr. Riley addressed the salary survey, giving background
information on how the survey was conducted and explained the
procedure used to arrive at the figures presented in the final
report.
Mrs. Ann Kelican, personnel director, addressed the board
017
and briefly explained what had transpired with the report since
she was directed by the board of supervisors fourteen months ago
to do a salary survey. She explained that some employees,
depending on the total amount of their increase, would be
receiving their raises in two phases.
Mr. Longerbeam asked if Fairfax County and Hagerstown were
removed from the final report.
Mrs. Kelican replied yes.
Mr. smith asked if benefits were considered.
Mrs. Kelican replied yes, in the preliminary phase.
Mr. Riley asked if the local Chamber of Commerce was used
in order to get the local salaries.
Mrs. Kelican replied yes, this was considered.
Mr. Orndoff stated that he would like to see the board
members have a worksession on this survey prior to it being
voted on by the board. Mr. Orndoff explained that it concerned
him that the funds, now being paid to the regional jail, for the
federal prisoners that are currently housed there, is figured
into this. He asked what will happen if and when the time comes
that these prisoners are no longer housed at the jail. will
this lost revenue have to be made up by Frederick County?
Mr. Riley explained that was correct to a point, however if
this should happen the city of Winchester and Clarke County
would have to contribute their share of this difference, it
would not all come from Frederick County.
Mr. smith asked how many employees the county has.
Mrs. Kelican replied 300.
Mr. Sager stated that he felt good people have been penal-
ized because of politics.
Mr. Dick thanked everyone that had worked on getting this
survey finalized and to the board.
Upon motion made by Robert M. Sager, seconded by James L.
Longerbeam, the salary survey by the Personnel Committee to the
board was approved as presented by the following recorded vote:
Richard G. Dick - Aye
W. Harrington smith, Jr. - Aye
James L. Longerbeam - Aye
Robert M. Sager - Aye
Jimmie K. Ellington - Aye
Charles W. Orndoff, Sr. - Nay
01.8,
FINANCE COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA
WITH EXCEPTION OF ITEM #5
The Finance Committee met in the Personnel Conference Room
on Wednesday, June 15, 1994 at 8:00 a.m. Present were: Commit-
tee Chairman W. Harrington smith, Jr.; Committee members James
L. Longerbeam, and John P. Good, Jr. Also present were John R.
Riley, Jr., Cheryl B. Shiffler, Jennifer L. Place, C. William
Orndoff, Jr., and Fire and Rescue Director Thomas W. Owens.
Kitty Nicholas and Henry Buettner were not present.
The agenda items are as follows:
1. The Director of Economic Development requests a General
Fund supplemental appropriation in the amount of $24.965. This
amount represents funds to be reimbursed by the federal govern-
ment for marketing the telecommuting center. No additional
local funds are necessary. See attached memo. This item has
been tabled until July awaiting further information.
2. The Director of Economic Development requests a General
Fund supplemental appropriation in the amount of $17.500. These
funds will be budgeted as revenue and expenditures for a feasi-
bility study to determine the market potential for a mixed use
development including an upscale hotel, offices requiring
telecommunications support and possible apartments. No addi-
tional local funds are necessary. See attached memo. The
committee recommends approval.
3. The Director of Public Works requests a General Fund
supplemental appropriation in the amount of $16.000. This
amount is needed to increase the street sign installation budget
due to unforeseen costs associated with this project. Addition-
al local funds are needed. See attached memo. The committee
recommends approval.
4. The Sheriff requests a General Fund supplemental appropria-
tion in the amount of $2,198.56. This amount represents an
insurance reimbursement for a damaged Sheriff's vehicle. This
amount is requested to be placed in line item
10-3102-3004-000-002 Repair and Maintenance - Vehicle. No
additional local funds are necessary. See attached memo. The
committee recommends approval.
5. The Director of Fire and Rescue requests a General Fund
supplemental appropriation in the amount of $247,517. This
amount is needed to fund for an Assistant Fire Marshal
($39,335), to expand the Advanced Life Support Medical Service
($161,788), to purchase extrication equipment ($27,394), and to
purchase a four-wheel drive vehicle ($19,000). Additional local
funds are needed. See attached memo. The committee recommends
approval. It was noted by John Riley at the board meeting that
a used four-wheel drive vehicle had been obtained which means
the $19,000 figure will be decreased by $8,000.
Upon motion made by W. Harrington Smith, Jr., seconded by
James L. Longerbeam, the above request was approved as amended
by the following recorded vote:
Richard G. Dick - Aye
W. Harrington Smith, Jr. - Aye
James L. Longerbeam - Aye
Robert M. Sager - Aye
Jimmie K. Ellington - Aye
Charles W. Orndoff, Sr. - Aye
** FOR INFORMATION ONLY **
Attached is the School Board response to the letter sent regard-
ing the budget process as requested by the Finance Committee.
019
AMENDMENT TO FINANCE COMMITTEE REPORT - APPROVED
1. The County Administrator requests a General Fund Supple-
mental Appropriation in the amount of $4.000. This amount is
needed to match funds contributed by Grafton School to do a
Needs Assessment Survey by the United Way of the Northern
Shenandoah Valley. Additional local funds are necessary. This
item was tabled pending information on funding from the City of
Winchester. The City is participating and finance committee
members have been polled and the committee recommends approval.
Upon motion made by W. Harrington Smith, Jr., seconded by
James L. Longerbeam, the above request was approved by the
following recorded vote:
Richard G. Dick - Aye
w. Harrington Smith, Jr. - Aye
James L. Longerbeam - Aye
Robert M. Sager - Aye
Jimmie K. Ellington - Aye
Charles W. Orndoff, Sr. - Aye
BOARD OF SUPERVISORS COMMENTS
Mr. Dick stated that he would just like to note that he
knew there were times when perhaps the county firefighters had
some free time, but all in all they did a very good job, and he
would hate to think of what might happen if they were not
available throughout the county to assist the citizens when
needed.
BOARD RETIRED INTO EXECUTIVE SESSION
Upon motion made by w. Harrington smith, Jr., seconded by
Robert M. Sager, the board retired into executive session in
accordance with the Code of Virqinia, 1950, as amended, Section
2.1-344, Subsection A (3) and (7) to Discuss Acquisition and
Disposition of Real Estate and Legal matters.
The above motion was approved by the following recorded
vote:
Richard G. Dick - Aye
W. Harrington Smith, Jr. - Aye
James L. Longerbeam - Aye
Robert M. Sager - Aye
Jimmie K. Ellington - Aye
Charles W. Orndoff, Sr. - Aye
BOARD WITHDREW FROM EXECUTIVE SESSION
Upon motion made by W. Harrington smith, Jr., seconded by
Charles W. Orndoff, Sr., the board withdrew from executive
session.
The above motion was approved by the following recorded
vote:
020
Richard G. Dick - Aye
w. Harrington Smith, Jr. - Aye
James L. Longerbeam - Aye
Robert M. Sager - Aye
Jimmie K. Ellington - Aye
Charles W. Orndoff, Sr. - Aye
BOARD RECONVENED INTO REGULAR SESSION
Upon motion made by W. Harrington Smith, Jr., seconded by
Charles W. Orndoff, Sr., the board reconvened into regular
session and certified nothing other than what was noted as
reason for going into executive session was discussed.
The above motion was approved by the following recorded
vote:
Richard G. Dick - Aye
W. Harrington Smith, Jr. - Aye
James L. Longerbeam - Aye
Robert M. Sager - Aye
Jimmie K. Ellington - Aye
Charles W. Orndoff, Sr. - Aye
UPON MOTION MADE BY CHARLES W. ORNDOFF, SR., SECONDED BY
ROBERT M. SAGER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE
THIS BOARD, THIS MEETING IS HEREBY ADJOURNED.
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