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HomeMy WebLinkAboutJanuary 28, 1981 Regular Meeting10 10 A Regular Meeting of the Frederick County Board of Super- visors was held on January 28, 1981, 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; R. Thomas Malcolm and Kenneth Y. Stiles. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by the Reverend Peter Ford, Chaplain at the Winchester Memorial Hospital. ADOPTION O AGENDA The following items were requested for addition to the agenda: 1. Resolution of Honor to Donald L. Baughman. 2. Request of W. D. Atchley to address the Board regarding reassessment of property in the Clearbrook area. 3. Request of Mr. James Hawvermale, Executive Director of the Lord Fairfax EMS Council, to address the Board. 4. Two appointments from the Gainesboro District. 5. Request for a letter of recognition to Douglas Rinker. 6. An item concerning the Planning Commission under County Officials. 7. Comments regarding the upcoming budget to be discussed at the end of the meeting. Upon motion made by Kenneth Y. Stiles, seconded by R. Thoma: Malcolm and passed unanimously, the agenda was adopted as amend- ed above. APPOINTMENT PROCEDURES ESTABLISHED The Board discussed the need for the establishment of pro- cedures for appointments. Upon motion made by Will L. Owings and seconded by Kenneth Y. Stiles, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does establish the following procedures for appointments to Boards, Committees and Commissions: 1. Vacancies will be advertised and applications made available through Board members and the County Admini- strator's Office. 186 2. Applications will be received up to 12:00 noon on the Friday preceeding a Board meeting so that they might be included in the agenda for review by the members of the Board. 3. The applications will be acknowledged at the meeting and appointments will be made at the next regular meeting of the Board. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. The Board noted that all appointments set forth on the agenda would be subject to the above procedures. Mr. Stiles requested that the Commonwealth's Attorney be asked to render a decision as to whether or not a member of the Frederick County Planning Commission could serve as a citizen member of the Lord Fairfax Planning District Commission. He added that he felt this would be much more beneficial inasmuch as a Planning Commission member would be more aware of what the Planning Commission is doing and where Frederick County is going. REAPPOINTMENT OF ROSEMARY WANNER TO ANIMAL CARE COMMITTEE - APPROVED Upon motion made by Rhoda W. Maddox and seconded by William H. Baker, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve the reappointment of Mrs. Rosemary Wanner to the Frederick County Animal Care Com- mittee for a term of one year, said term to commence January 1, 1981 and terminate December 31, 1981. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. REAPPOINTMENT OF MR. LEE LIZER TO STREAM STANDARDS COMMITTEE - APPROVED Upon motion made by Rhoda W. Maddox and seconded by William H. Baker, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve reappointment of Mr. Lee Lizer to the Frederick County Stream Standards Committee for a term of one year, said term to commence January 1, 1981 and terminate on December 31, 1981. • The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. LETTER OF RECOGNITION TO DOUGLAS RINKER PAST NATIONAL PRESIDENT OF THE FUTURE FARMERS OF AMERICA Upon motion made by Rhoda W. Maddox and seconded by William H. Baker, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein direct that a letter of recognition be forwarded to Mr. Douglas Rinker for his outstand- ing service as national president of the Future Farmers of America. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. RESOLUTION OF HONOR FOR MR. DONALD L. BAUGHMAN - APPROVED Upon motion made by R. Thomas Malcolm and seconded by William H. Baker, WHEREAS, Donald L. Baughman served as a member of the Frederick County Board of Supervisors, the Frederick County Planning Commission and the Frederick County Board of Social Services, and; WHEREAS, he did faithfully serve the citizens of Frederick County with dignity, dedication and wisdom, and; WHEREAS, he possessed the highest devotion to duty as a member of the above Boards and Commissions in directing and carrying out the policies of those organizations, and; WHEREAS, his experience and judgment which was gained by long and faithful service to the County, was respected and relie upon by his fellow Board and Commission members, and; WHEREAS, Mr. Baughman departed this life on 23 January 1981 in a sudden and untimely manner and the Frederick County Board o Supervisors in an effort to honor him wishes to express its admiration, affection and deep appreciation to his family for hi unfailing service to the Board and to the people of Frederick County; NOW, THEREFORE, BE IT RESOLVED that the Frederick County Board of Supervisors hereby expresses its sorrow over the loss o Mr. Baughman to the community and further expresses its appreciation to the family of Mr. Baughman for his unfaltering devotion to Frederick County and his extensive contributions to the community. BE IT FURTHER RESOLVED that a true copy of this resolution be delivered to the family of Mr. Baughman. RESOLVED this 28th day of January 1981. 188 The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. MR. W. D. ATCHLEY ADDRESSES BOARD RE: REASSESSMENT Mr. W. D. Atchley appeared before the Board regarding the recently completed reassessment in the County. He stated that he owned 15 acres on Route 668 which he kept mowed and maintained and which property had been reassessed at $2,000.00 per acre. Mr. Atchely added that the property adjoining him containing 18 acres, and which is not maintained, had been reassessed at $1,000.00 per acre. He noted that he felt this was most unfair. Mr. Atchley advised that he requested one of the assessors, Mr. Claude Gore, to appeal the reassessment of his property but he expected a very small adjustment, if any, would be made. He stated that he felt the Board should take some sort of action to set up an adjustment board for those property owners who do not feel the reassessment of their property is fair. Mr. Koontz stated that if Mr. Atchley had appealed his reassessment to the Board of Assessors, through Mr. Gore, the Board of Supervisors would not have a right to set aside that decision. Mr. Ambrogi advised that Mr. Atchley's next step must be through the Circuit Court. Mr. Atchley then advised that his property did not qualify for land -use inasmuch as he has horses there and horses are deemed to be a luxury under this ordinance. He stated that he felt this was a ridiculous determination inasmuch as his horses are a business operation and not used for pleasure. Mr. Stiles suggested that the Commonwealth's Attorney and the County Administrator research the statutes in order to deter- mine what the Board's options are regarding an appeals process following a general reassessment. The Board concurred. LORD FAIRFAX EMS COUNCIL LETTER OF ENDORSEMENT - APPROVED Mr. James Hawvermale, executive director of the Lord Fair- fax EMS Council, appeared before the Board relative to a Grant application for the council for the coming year. He explained the purpose of the council as it pertains to the rescue squads 189 and hospitals in the area. He noted that in order to file a grant application so that services could be continued, a letter of endorsement was necessary from all jurisdictions within the Lord Fairfax Planning District. Upon motion made by William H. Baker and seconded by Will L Owings, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein approve a letter of endorse- ment to be filed with the grant application of the Lord Fairfax EMS Council for funding for the upcoming fiscal year. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. APPOINTMENTS TO PLANNING COMMISSION DISCUSSED Mr. Stiles presented handouts to all of the Board Members o Code Section 15.1 -437 and then read said section in full. He stated that the Board had not made appointments to replace him a a Board member on the Planning Commission and he would request Mr. Ambrogi to render an opinion as to whether or not the action of the Board was in compliance with the law. He added that he did not think it was. Mr. Stiles noted that he had requested th Board to appoint another Board member in his place to serve on the Planning Commission and to allow the member to retain a vote. Mr. Ambrogi stated that his interpretation of the code was in order for the Board to change the membership of the Planning Commission to replace Mr. Stiles, the Board would have to appoin another Board member at the first meeting in January for the first meeting in January, 1982. He added that when a Board member is appointed, he is appointed for the length of his term on the Board of Supervisors and the Board can replace him if it is done at the first regular meeting each year, if he is replace with another member of the Board. The Chairman stated that this section provides for the governing body to appoint others to serve as their representativ at the first regular meeting each year. 190 Mr. Ambrogi stated that there is some question regarding the wording of the last clause in this section. He added that if the Board would give him a written request for opinion he would reply in writing. Mr. Malcolm stated that in order to resolve the situation to everyone's satisfaction, he would suggest that the Board do what- ever is necessary to get a legal opinion from Mr. Ambrogi rela- tive to this subject. The Chairman then requested the Commonwealth's Attorney to seek the assistance of the Attorney General's Office prior to rendering an opinion and Mr. Ambrogi replied that first he must render an opinion, and if the Board then desires, they can request an opinion from the Attorney General's Office. Upon motion made by Will L. Owings and seconded by R. Thomas Malcolm, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein request the Commonwealth's Attorney to render a legal opinion relative to the action of the Board at their regular meeting on January 14 regarding the right of the Board member to vote on the Planning Commission. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. ITEMS FOR CONSIDERATION IN UPCOMING BUDGET PREPARATION PRESENTED Mr. Stiles requested that the following items be addressed in the upcoming budget sessions: 1. That the Board's Finance Committee meet on an informal basis with the Finance Committee of the School Board to work out some type of general figure so that the School Board does not set the salary for all County employees 2. That the Board depart from across - the -board percentage increases; that a top dollar limit for raises be established. 3. That the pools at Clearbrook Park be addressed. 4. That fee supported recreation programs be addressed and non - residents be charged for use of recreational facili- ties. 1911 5. That the use of automobiles by County employees be addressed. 6. That revisions to the limits on tax relief for the elderly be addressed. 7. That the feasibility of replacing the merchants' capit tax with a business license tax be seriously consider- ed. The Chairman suggested that Mr. Stiles, and any other Board member who so desires, meet with the Finance Committee to discu items for consideration in the upcoming budget. INTERCHANGE REQUEST PHILLIP B. GLAIZE DISCUSSED Upon motion made by Kenneth Y. Stiles and seconded by William H. Baker, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein direct that the Virginia Department of Highways and Transportation be contacted in order to determine whether or not the heavy volume of apple trucking had been considered in their deliberations relative to the request of Phillip B. Glaize for a partial interchange at the intersection of Middle Road (Route628) and Route 37; and, BE IT FURTHER RESOLVED, That if this traffic had not been considered that the Highway Department be urged to study this situation before a final decision is rendered. The above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles. UPON DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN. j jQ3e Board of Supervisors