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April 13, 1994 Regular Meeting 596 A Regular Meeting of the Frederick County Board of Supervi- sors was held on April 13, 1994, at 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. County Administrator, John R. Riley, Jr., was absent due to family illness out of town. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by Reverend Ruth Crum Stotler of The Church of Good Shepherd. ADOPTION OF AGENDA Upon motion made by Jimmie K. Ellington, seconded by Robert M. Sager, the agenda was adopted 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 KIM DEHAVEN SELECTED AS EMPLOYEE OF THE MONTH FOR APRIL. 1994 Mr. Ellington presented the employee of the month award for April to Kim DeHaven of the Parks and Recreation Department. Mrs. DeHaven was present to accept her award. CONSENT AGENDA Mr. Dick suggested that following items be approved under the consent agenda: 1. Closing of County Offices for Apple Blossom Festival - Tab C; 2. correspondence and Proclamation Re: REACT (Radio Emergency Associated Communications Team) Month - Tab D; 3. Memorandum to Schedule Public Hearing for Planning Commission Items - Tab G; 4. Memorandum Re: Revenue Sharing Program - Tab Li 5. Resolution - Authorizing Application to the Virginia Community Development Block Grant Program - Tab M; 597 6. Road Resolutions - Tab N; 7. Activity Report - March 16-31, 1994 - Tab 0; 8. Departmental Annual Programs of Work - Tab P; 9. Committee to study Year Round Schooling - Tab Q; 10. Parks and Recreation Commission Report - Tab R; 11. Code and Ordinance Committee Report - Tab S; 12. Personnel Committee Report - Tab T; 13. Finance Committee Report - Tab U; Mr. Orndoff requested that Tab T not be included under consent agenda. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager the consent agenda 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, appeared before the Board at which time he stated that he would like for the record to show that he had known Jim Boyd, Finance Director for the school system for over fifteen years and he did not feel he was responsible for the most recent actions coming from the school board related to the county budget. He further stated that he would totally defend the informa- tion that he provided to the board of supervisors at the public hearing on the budget. Mr. Stiles addressed the local CDI Program and expressed his concerns on the fact that individuals found guilty of breaking and entering along with drug distribution were being placed in the CDI Program, and he feels this needs to be addressed by the board of supervisors as this is something that the board has said from the very beginning of the program that individuals found guilty of these crimes would not be allowed into this program. Anyone guilty of these crimes does not need an alternative program in lieu of jail. MINUTES APPROVED 598 Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the minutes of the regular meeting of February 23, 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 Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the minutes of the special meeting of March 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 OFFICES TO BE CLOSED IN OBSERVANCE OF SHENANDOAH APPLE BLOSSOM FESTIVAL - APPROVED UNDER CONSENT AGENDA All county offices will be closed on Friday, April 29, 1994 in observance of the 67th Shenandoah Apple Blossom Festival. PROCLAMATION - MAY IS REACT MONTH - APPROVED UNDER CONSENT AGENDA WHEREAS, through REACT (Radio Emergency Associated Communi- cations Teams) over 8,000 members participate as volunteers to provide highway safety and emergency communications using their own two-way radios in their communities; and WHEREAS, Virginia REACT members have given over 250,200 man-hours monitoring citizens Band Radio emergency channel 9 and General Mobile Radio Service and handled over 42,300 calls for emergency and traveler's assistance during 1993. WHEREAS, WINCHESTER REACT TEAM, which has provided over 4300 man-hours responding to emergency calls and supporting local organizations in their civic endeavors, including the Apple Blossom festivities, Frederick County Fair and Round Hill Firefighters activities during 1993. WHEREAS, WINCHESTER REACT TEAM'S cumulative efforts, result in the saving of many lives annually, through the greater speed with which medical aid arrives at an accident scene, and better communications in time of natural disasters and inclement weath- er; and the educational program to instruct the public in the proper use of Citizens Band Radio channel 9 in obtaining emer- gency assistance. NOW, THEREFORE, it is requested that the FREDERICK COUNTY BOARD OF SUPERVISORS designate the month of MAY, 1994, as NATIONAL REACT MONTH in Frederick County, Virginia during which all citi~ens shall taKe notice and be aware of the significant contribution Winchester REACT Team makes to the welfare of our local community, as time to honor and recognize Winchester REACT Team and its members. ~ 599 PASSED THIS 13TH DAY OF APRIL, 1994. ROBERT ROPER REAPPOINTED TO PARKS AND RECREATION COMMISSION FROM STONEWALL DISTRICT Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. sager, Robert Roper was reappointed to the parks and recreation department from Stonewall District, said term to commence on May 14, 1994 and terminate on May 14, 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 HARRINGTON SMITH ADDRESSED HIS UPCOMING SCHOOL BOARD AP- POINTMENT Mr. Smith noted that he would be making his school board nomination in May. He further noted that this term would be from June 30, 1994 to December 31, 1996. HARRIET SEYMORE OF AMOCO FOAM APPOINTED TO LOCAL EMERGENCY PLANNING COMMITTEE Upon motion made by Robert M. Sager, seconded by James L. Longerbeam, Harriet Seymore of Amoco Foam Products Company was appointed as the industry representative to the Local Emergency Planning committee and will be replacing Mr. Bob Connolly. (This is an industry appointment and not a district appointment.) 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 NAMES OF CITIZENS APPROVED TO BE PLACED ON BALLOT FOR SHAWNEELAND SANITARY ADVISORY COMMITTEE VACANCIES Upon motion made by James L. Longerbeam, seconded by W. Harrington smith, Jr., the following names will be placed on the ballot for committee vacancies on the Shawneeland Sanitary District Advisory Committee: Mary E. Bragg George H. Ludwig Thelma J. Ratliff Michael R. steere 600 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 PUBLIC HEARING ITEMS FOR PLANNING COMMISSION ITEMS SCHEDULED - APPROVED UNDER CONSENT AGENDA Rezoning application #001-94 of Negley construction, Rezon- ing Application #002-94 of Thomas C. Glass and an amendment to Chapter 165 of the Frederick County Code, is scheduled for the board meeting of May 11, 1994. 1994-95 BUDGET APPROVED AS AMENDED Mr. Smith read the following resolution: WHEREAS, a notice of public hearing and budget synopsis has been published and a public hearing held on March 29, 1994, in accordance with Title 15.1, Chapter 4, Section 15.1-162, of the Code of Virginia, 1950 as amended, THEREFORE BE IT RESOLVED by the Board of Supervisors of the County of Frederick, Virginia, that the budget for the 1994-95 fiscal year as advertised in The Winchester Star on March 15, 1994, as amended be hereby approved in the amount of $81,579,410 and that appropriations in the amount of $81,579,410 be hereby authorized for the 1994-95 fiscal year and, BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Frederick, Virginia, does herein adopt the tax rate for the 1994 assessment year at the rate of .55c to be applied to real estate, the rate of 4.25 to be applied to personal property, the rate of .425 to be applied to airplanes and zero tax to be applied to antique vehicles, the Business and Profes- sional Occupational License rates are as follows: retail .20c per $100 of gross receipts, professional services .58c per $100 of gross receipts, personal and business .36c per $100 of gross receipts, wholesale .05c per $100 of purchases and the rate of $2.00 on deClining values to be applied to machinery and tools. BE IT FURTHER RESOLVED that appropriations are hereby authorized for the central stores fund, special welfare fund, health insurance fund and unemployment compensation fund equal to the total cash balance on hand at July 1, 1994, plus the total amount of receipts for the fiscal year 1994-95. Mr. Smith moved for approval and Mr. Longerbeam seconded. Mr. Orndoff stated that he would move to amend the resolu- tion and request that the school board operational budget be categorically funded and instruct the school board to carry forward $500,000 to be applied to the instructional materials line item as well as teachers salaries. Mr. Ellington seconded the motion. l 601 Mr. Sager stated that he would like to see the board restore the 15% in instructional material costs that was reduced by the school board in order that the out of pocket costs by teachers would be at a minimal and on a voluntary basis. He would also like to see both boards work together to fund the difference between the 4% and that which was established as the amount the teachers would receive. He does not want this to come from the tax base but new revenue sources and if need be a portion to come from the reserve fund. Mr. smith asked Mr. Orndoff to repeat his motion. Mr. smith stated that it was his understanding that the school board had no idea at this point what the figure would be as far as how much they would be carrying forward. Mr. Dick stated that he felt the intent was well, but he intended to vote against the motion. He feels the school board has put together a budget and does not feel there is $500,000 to carry forward. Mr. Orndoff stated that he called Mr. Riley on the morning of March 30, following the public hearing on the budget the night before, and asked for certain budget figures from Mr. Malcolm, the figures were presented to him just prior to this meeting which means that he did not have an opportunity to review the information prior to this meeting. He called Jim Boyd, finance director for the schools, on April 6 at which time he presented four questions, he received the reply to these questions in his mail this date at 3:30 p.m. and the questions were not fully answered. Mr. smith stated that at this point the board doesn't know if the school board is going to have a half million dollars or zero. If he understands what Mr. Sager is saying, if the school board does not have the necessary carry forward funds to take care of the supplies, as well as the teachers salary increase, then the board of supervisors is to come up with the money. Mr. Sager replied that is correct, the supplies would amount to approximately $168,000 for the 15% and the teachers 602 raises would be approximately $350,000 and he feels with match monies this could be done. Mr. Longerbeam called for the question. Richard G. Dick - Nay w. Harrington smith, Jr. - Nay James L. Longerbeam - Nay Robert M. Sager - Nay Jimmie K. Ellington - Nay Charles W. Orndoff, Sr. - Aye The amended motion was denied. Mr. Orndoff moved for a second amendment wherein he was requesting that the $500,000 be taken from the school administration line item. Mr. smith moved to second, for discussion purposes. Mr. smith asked if there were any funds in the 94-95 school administration budget to be taken out. Mr. smith asked Mr. Orndoff if he was suggesting that some people be fired in order to get these funds. Mr. Orndoff replied if that is what it takes to get $500,000. Mr. Sager stated that he did not know whether or not the board could just arbitrarily cut administrative positions. Mr. smith stated that in washington, D.C. they have 50,000 children in the parochial school system, they have seventeen people in administration, 81,000 in public school system and 1500 in administration. Mr. Longerbeam explained that this situation is not that simple as many or most of the administrators are prescribed or mandated by the state, most are based on enrollment figures. The above amended motion was denied by the following recorded vote: Richard G. Dick - Nay W. Harrington smith, Jr. - Nay James L. Longerbeam - Nay Robert M. Sager - Nay Jimmie K. Ellington - Nay Charles W. Orndoff, Sr. - Aye Mr. Longerbeam stated that he has discussed this with the Superintendent of Schools and the finance director and he feels the information and figures provided by them have been satisfac- tory. At this time he is comfortable passing the budget to 603 include funds allocated to the schools. He would suggest that the school board be encouraged to provide some carry forward funds from their current budget, and he does not want to put a figure on this. Further, he would suggest that any carry forward funds be applied to salary increases for teachers and for the purchase of necessary school supplies. Should the carry forward funds by the school fall short of the amount needed to accomplish both pay increases for the teachers and purchase of school supplies, then he would suggest that the board of super- visors make up the short fall. In order for this to happen the school board must have carry forward funds as it is apparent that the board of supervisors is in no position to fund the full amount needed for both of these items. Mr. Smith stated that he agreed with this except he feels there should be a minimum figure set on the amount for carry forward funds. Mr. Longerbeam stated that if the board wanted to set a figure of $300,000 for carry forward, he didn't have a problem with that as he did not really have a feel for what would be a fair figure to set at this time. Mr. Dick stated that it was his understanding that the total figure for both salaries and supplies was close to $400,000. Mr. Longerbeam stated that at this point we know that the total amount is close to $400,000, so why don't we split the difference with them and say no more than $200,000 a piece. Mr. Orndoff asked what was the difference between this proposal and what he had proposed. Mr. Orndoff further stated that by not getting the answers the board has asked for, he felt something was wrong. He does not like the way this is being handled. Mr. Longerbeam stated that he would suggest that the school board be encouraged to provide some carry forward funds from their current budget and he would suggest that any carry forward funds be applied to salary increases for teachers and for the purchase of necessary school supplies. Further, should the 604 school board carry forward funds fall short of the amount needed to accomplish both the pay increases for teachers and purchase of school supplies, he would suggest that the short fall be made up by the board of supervisors on a dollar per dollar match with whatever they carry forward up to and including $200,000 and not to exceed. Mr. Sager seconded the motion. Mr. Orndoff asked if the board was saying they are now going to increase the budget to $2,200,000. Mr. Longerbeam explained if the school board had nothing to carry forward then there will be nothing to match. Mr. Dick called for a vote on the amendment. 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 At this time Mr. Dick called for a vote on the original budget. Mr. Longerbeam called for the question. 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 RESOLUTION - ASSESSMENTS FOR STREETLIGHTS - APPROVED WHEREAS, the Frederick County Board of Supervisors, in regular session on April 28, 1993, approved an ordinance to amend the Frederick county Code, Chapter 155, Taxation, by the addition of Article XX, Assessments for Streetlights, pursuant to S15.1-360.1 of the Code of Virginia, 1950, as amended; WHEREAS, the Board of supervisors must set a fee for streetlights as determined by the actual cost for such service to such neighborhood or discrete properties, plus the aforemen- tioned administrative percentage reserve, by the number of benefitted properties; WHEREAS, he set fee was established at $20 per billing for calendar year 1993; however, the actual cost for calendar year 1994 has increased requiring an increase in fees to the benefit- ted properties; NOW, THEREFORE, BE IT RESOLVED, that the Frederick county Board of Supervisors, in regular session on April 13, 1994, duly moved and seconded, approved a set fee of $25 per billing for streetlighting services as herein described in S155-135 of the Frederick County Code. L\ 605 Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above resolution 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 RESOLUTION TO DELAY REASSESSMENT - APPROVED WHEREAS, as a result of the proposed 1994-1995 fiscal year budget and public hearing held on March 29, 1994, it is the desire of the Frederick County Board of Supervisors to delay the reassessment until the sixth year, and; WHEREAS, the reassessment would commence on July 1, 1995 and conclude on December 31, 1996. PASSED this 13th day of April, 1994. Public Hearing: PROPERTY IN SHAWNEELAND - APPROVED "FOR SALE" Mr. Longerbeam presented this information. The Sale of county OWned Property Located in the Shawneel- and Sanitary District, Described as Lot 81, section 19, Lyinq and Beinq situate in the Back Creek Maqisterial District, County of Frederick, State of Virqinia. There was no public input. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager the above lot was approved for advertisement of sale 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 The Sale of County OWned Property Located in the Shawnee- land sanitary District, Described as Lot 173, Section 22, Lyinq and Beinq Situate in the Back Creek Maqisterial District, County of Frederick, State of Virqiniaa. There was no public input. Upon motion made by James L. Longerbeam, seconded by Robert M. Sager, the above described lot was approved for advertisement of sale 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 606 THE SHAWNEE RURITAN CLUB WISHES TO LEASE PROPERTY FRONTING SULPHUR SPRING ROAD AND BEGINNING TO THE FREDERICK COUNTY LANDFILL FOR THE SOLE PURPOSE OF PROVIDING RECREATIONAL FACILITIES INCLUDING BALLFIELDS. PICNIC SHELTERS AND WALKING PATHS. IT IS PROPOSED THAT FREDERICK COUNTY OFFER FOR $1. 00 PER YEAR. A TWENTY (20) YEAR LEASE. THE RURITAN CLUB WILL MAINTAIN THE PROPERTY AND CARRY LIABILITY INSURANCE - APPROVED Mr. Dick presented this request to the board. There was no public input. Mr. Orndoff questioned the liability as far as the county was concerned. This is to be reviewed by the county attorney to be sure there will be no liability whatsoever as far as the county is concerned. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above request by the Shawnee Ruritan Club 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 Planninq Commission Business: MASTER DEVELOPMENT PLAN - WOODSIDE ESTATES - APPROVED Mr. Watkins presented this information to the board noting that staff and planning commission recommended approval with the stipulation that all staff review agencies and Planning Commis- sion comments be adequately addressed. Mr. Smith asked as to whether or not there would be a right hand turn lane going into this property. Mr. Chuck Maddox of G.W. Clifford and Associates explained what was planned stating that there is some 1600 feet from Route 277 to the entrance of this property. Mr. Sager asked if there was a proposal for a left turn lane. Mr. Maddox replied no. Upon motion made by W. Harrington Smith, Jr., seconded by James L. Longerbeam, the above request for Woodside Estates was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye 607 James L. Longerbeam - Aye Robert M. Sager - Nay Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye REVENUE SHARING PROGRAM: RESOLUTION - APPROVED UNDER CONSENT AGENDA WHEREAS, Frederick County, Virginia, and the Virginia Department of Transportation have continued planning and engi- neering efforts for the realignment of Macedonia Church Road (Route 642); and WHEREAS, the Virginia Department of Transportation has advised the Frederick County Board of Supervisors that addition- al funds may be required to complete the realignment of Macedonia Church Road (Route 642); and WHEREAS, the Virginia Department of Transportation pro- vides state funds to match local funds through the annual County Primary and Secondary Road Fund (Revenue Sharing Program); and WHEREAS, the Frederick County Board of Supervisors has previously utilized this funding for the realignment of Macedonia Church Road (Route 642); and WHEREAS, the realignment of Macedonia Church Road (Route 642) is consistent with the transportation goals specified in the Frederick County Comprehensive Plan. THEREFORE, BE IT RESOLVED THAT, the Frederick County Board of Supervisors intends to participate in the Revenue Sharing Program for Fiscal Year 1994-1995 to provide additional funding for the realignment of Macedonia Church Road (Route 642), identified as the Virginia Department of Transportation Project #0642-034-218, M501. RESOLUTION AUTHORIZING APPLICATION TO THE VIRGINIA COMMUN- ITY DEVELOPMENT BLOCK GRANT PROGRAM: - APPROVED UNDER CONSENT AGENDA WHEREAS, Financial assistance is available to units of local government through the Commonwealth of Virginia's Commun- ity Development Block Grant (CDBG) Program for planning and preliminary design activities; and, WHEREAS, In order to receive such financial assistance it is necessary to file an application for a planning grant with the Virginia Department of Housing and Community Development; and, WHEREAS, the county of Frederick wishes to apply for $23,800 in 1994 Planning Grant funds to be used in addressing the County's priority community development needs through the development of the Center for Community Living; and, WHEREAS, Arc Northern Shenandoah Valley has committed in writing an additional $5,000 to further meet the need for adult care in the community, therefore allowing for a planning project of $28,800 to be undertaken by the County. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Frederick County, Virginia that: 1. The County Administrator, as chief administrative official of Frederick County, is hereby authorized to undertake the preparation of said application for filing with the Virginia Department of Housing and Community Development on or before the April 15, 1994 submission deadline. 608 2. The Board of supervisors of Frederick County, virginia hereby requests the virginia Department of Housing and community Development to consider and fund said appli- cation and program, said program being in accord with the regulations, use, and expenditure of Planning Grant Funds. 3. The County Administrator, as chief administrative official of Frederick County, is hereby authorized to execute a Planning Grant Agreement between the County and the Virginia Department of Housing and Community Development, should this project be funded. STAR FORT ESTATES ROAD RESOLUTION - APPROVED UNDER CONSENT AGENDA The Board of Supervisors of Frederick County, in regular meeting on the 13th day of April 1994, adopted the following: WHEREAS, the streets described on the attached Additions Form SR-5(A) , fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County, and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Reauirements of the Virginia Department of Transportation, and WHEREAS, the County and the Virginia Department of Trans- portation have entered into an agreement on June 9, 1993 for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets de- scribed on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to 33.1-229, Code of Virginia, and the Department's Subdivision Street Reauirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. FREDERICKTOWNE ESTATES ROAD RESOLUTION - APPROVED The Board of supervisors of Frederick County, in regular meeting on the 13th day of April 1994, adopted the following: WHEREAS, the streets described on the attached Additions Form SR-5(A) , fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County, and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the SUbdivision Street Reauirements of the Virginia Department of Transportation, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets de- scribed on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to 33.1-229, Code of Virginia, and the Department's Subdivision street Reauirements, and 609 BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ACTIVITY REPORT CONSENT AGENDA MARCH 16-31. 1994 - APPROVED UNDER DEPARTMENTAL ANNUAL PROGRAMS OF WORK - RECEIVED AS INFORMA- TION COMMITTEE TO STUDY YEAR ROUND SCHOOLING - APPROVED UNDER CONSENT AGENDA The Year Round School Committee Final Report was approved as presented. PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on March l5, 1994. Members present were: Robert Roper, Charles Sandy, Cheryl Swartz, Timothy Hockman, William Eyles, Jimmie Ellington Submitted for Information Onlv: Donation from winchester Model Railroad Club - Mr. sandy moved to decline the donation of a Norfolk and western X-nickel plated caboose from the Club, seconded by Mr. Eyles, carries unanimously (5-0). 1994-95 Work Program - The Commission unanimously approved the Department's 1994-95 Work Program. CODE AND ORDINANCE COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Code and Ordinance Committee met on Monday, April 4, 1994, 4:00 P.M. in the Personnel Office Conference Room. Present were Chairman of the Committee Jimmie K. Ellington; Committee members Robert M. Sager, Patricia F. Scheder, Susan L. French and Stephen G. Butler. Also present were Commonwealth's Attorney Lawrence R. Ambrogi; Commissioner of the Revenue Natalie Cather Miller; Treasurer C. William Orndoff, Jr. and County Administrator John R. Riley, Jr. The committee submits the following: Discussion of Binqo and Raffle Permits The committee discussed the fact that currently no bingo and raffle ordinance exists in the Frederick County Code. It was noted that it was the intent of the Board to draft same in August of 1979. The committee directed the county administrator to draft an ordinance and present same to the committee. Discussion of Filing and Payment Date Chanqes for Business License Taxes The commissioner of the revenue is requesting code changes in the Frederick county Code that would change the filing and payment dates from February 15 to March 15 and March 1 to April 1 respectively. These changes would allow the taxpayer to file a more accurate return. The committee recommends the changes be advertised for public hearing. Discussion of Taxes Reauired Before Purchase of a Business License The treasurer is requesting that the Frederick County Code be changed to require that all delinquent taxes be paid prior to 610 a business license being issued. The committee recommends the changes be advertised for public hearing. Discussion of Grace Period on Purchase of a County Decal The county administrator requested input from the committee on the current code provisions requiring purchase of a county vehicle decal 15 days after purchasing the vehicle. Concern had been expressed about trying to coordinate the thirty day state license tag provision with our grace period for purchase of same. The treasurer had indicated that the 15 day provision was adopted when the county adopted proration of personal property taxes and allows for immediate pickup of the vehicle transfer for proration purposes. The committee recommends that the code not be changed. PERSONNEL COMMITTEE REPORT The Personnel Committee met on wednesday, April 6, 1994. The following members were present: James L. Longerbeam, Chairman, Jimmie K. Ellington, Leonard D. Newcome, Robert S. Gordanier, John R. Riley, Jr., Phyllis H. Baker and Ann K. Kelican. The Committee submits the following report and recommenda- tions to the Board of Supervisors for consideration: Employee Of The Month Policy Amendment: Tabled In an effort to generate more interest in the Employee of the Month Program, the Committee recommends the attached amendment to the Employee of the Month Policy. The Committee also recom- mends the appropriation of $1450 per year to fund this program. Mr. Longerbeam moved for approval and Mr. Sager seconded. Mr. Orndoff stated that he was not in agreement with paying the recipient of the award. He felt if the employee was deserv- ing of the award then so be it, but that it was not necessary to put a dollar value in order to get more participants. Mr. Ellington stated that he was the one proposing this as he felt it would be more of an incentive for employees to participate. The question was asked as to what the employee receives now for being selected. Mrs. Bayliss explained to the board that the employee now receives a day off. Some of the board members indicated that they were not aware of this. Following discussion it was the consensus of the board to table this and refer it back to the committee for further discussion and recommendation. FINANCE COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Finance Committee meeting was conducted by a telephone poll. The agenda items are as follows: 611 1. The Countv Administrator reauests a General Fund supplemen- tal 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. See attached memo. This item has been tabled pending information from the City of Winchester on what they are funding for this survey. 2. The Sheriff requests a General Fund supplemental appropria- tion in the amount of $39.535. The Compensation Board has awarded an additional $39,535. to the Sheriff's Department and they would like to increase line item 10-3102-1005-000- 000 Part Time Salaries by this amount. No additional local funds are necessary. See attached memo. The commit- tee recommends approval. 3. The Sheriff reauests a General Fund supplemental appropria- tion in the amount of $500.00. This amount represents a donation made to the Sheriff's Department and is requested to be placed in line item 10-3102-5413-000-001 Drug Pro- gram. No additional local funds are necessary. See at- tached memo. The committee recommends approval. 4. The Director of Public Works reauests a General Fund supplemental appropriation in the amount of $313.75 and a Landfill supplemental appropriation in the amount of $345.61. This amount represents reimbursement of an expenditure that occurred in FY 92-93, therefore a refund cannot be done in FY 93-94. It is necessary to handle this as a supplemental appropriation because activity occurred in different fund years. It is requested that these amounts be coded to 5102 Heating Services. No additional local funds are necessary. See attached memo. The commit- tee recommends approval. 5. The Director of Parks and Recreation reauests a General Fund supplemental appropriation in the amount of $1.000. This amount represents a donation received in this depart- ment and is requested to be placed in 10-7104-5415-000-002 Awards - Sports and Athletics. No additional local funds are necessary. See attached memo. The committee recom- mends approval. BOARD COMMENTS Mr. smith stated that he wanted to note that he is request- ing that anyone involved in stealing or destroying in any way the road signs that have recently been installed throughout the county, that this individual or individuals be prosecuted to the fullest extent of the law. Mr. Ellington stated that this is his first experience in working with the county budget. He feels there has to be a better way in working with the school board. He would like to see a reduction of pupil/teacher ratio. He does not like the confrontation as a result of the budget and he hopes the board of supervisors receives better treatment next year. Mr. Longerbeam stated that he too feels there has to be a better way, a more reasonable approach in order to avoid this 612 annual confrontation between the school board and the board of supervisors. Mr. smith stated that he has discussed budget with Henrico County and would like Frederick County to do something similar to what they do. He would like for Mr. Riley to pursue this. Mr. Orndoff restated his displeasure with the school board and staff on not responding to his requests in a timely manner. Mr. Dick stated that allocation of funds at budget time is never an easy task and he thanked the various departments for their diligent efforts in preparing their operating requests for the coming year. He further stated he wants the school board to know that he is committed to quality education for students and proud of the quality of teachers within the county school system. He regrets that the Commonwealth of Virginia has cut school funding to Frederick County this year and can only question its rationale commitment pledge to education. It is also his understanding that the Governor plans to strip an allocation in the state budget for local school maintenance funding. At this time he would like for all county citizens to ask Senator Potts and Delegate Sherwood, both of whom serve on education committees within their respective houses in the General Assembly, to use all the power they have to see that the local school funding maintenance is not cut and to see that the cuts already made are restored. 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) to discuss Acquisition and Disposition of Real Estate 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 \ ) 613 Upon motion made by W. Harrington smith, Jr., seconded by James L. Longerbeam, the board withdrew from executive session. 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 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 passed 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 lif>lmR~ ADJOURNED. ~~"~'E \ j ,- t,,/ \ L., "'--'" -V , Board of Supervisors