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HomeMy WebLinkAboutMay 09, 2001 Regular Meeting 49 A Regular Meeting ofthe Frederick County Board of Supervisors was held on May 9, 2001, at 7:15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice Chairman Charles W. Orndoff, Sr.; W. Harrington Smith, Ir.; Margaret B. Douglas; and Sidney A. Reyes. ABSENT Robert M. Sager was absent due to illness. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION The invocation was delivered by Reverend Dan Macoyg of the First Presbyterian Church. PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA County Administrator Riley advised that he had two items to add to the agenda: 1. Refund Request from Commissioner ofthe Revenue dealing with two exonerations. 2. Transfer of funds for Industrial Access Funding. Upon motion made by Supervisor Douglas, seconded by Supervisor Smith, the agenda was adopted, as amended, by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Absent Margaret B. Douglas - Aye Sidney A. Reyes - Aye CONSENT AGENDA Administrator Riley suggested the following tabs for approval under consent agenda: 1. Proclamation Re: Letter Carrier Food Drive Day - Tab D; 2. Proclamation Re: Salvation Army Week - Tab E; 3. Resolution Re: Changes in the Secondary System Due to Relocation and Construction on Route 652, Apple Valley Road - Tab G; 4. Emergency Communications Commission Report - Tab K Minute Book Number 27 Board of Supervisors Meeting of 05/09/01 Upon motion made by Supervisor Orndoff, seconded by Supervisor Reyes, the consent agenda was approved, as noted above, by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Absent Margaret B. Douglas - Aye Sidney A. Reyes - Aye CITIZEN COMMENT Sharon Boyd, Gainesboro District, appeared before the Board to address concerns she had with the Board's decision not to conduct worksessions with representatives from the Shockey group, as well as representatives from the group that is opposing this rezoning request. At this time Ms. Boyd proceeded to playa tape from the Board meetings of March 28, and April 25 where the Board discussed and voted as to whether they felt they should proceed with these worksessions. Chairman Shickle interrupted Ms. Boyd at which time he explained that he had listened to the tapes and it would take a while to hear the entire section. He asked the Board, at this time, what their feelings were on continuing with the tape. The consensus of the Board was to listen to the remainder of the tape. Ms. Boyd stated that she feels the tape speaks for itself, and asked the Board to reconsider their actions of April 25 with regard to the worksessions, and their vote not to conduct the worksessions. Marie Straub, Stonewall District, member of the Friends of Frederick County, appeared before the Board to express her displeasure with the manner in which the redistricting worksession was conducted on April 25, 2001. She feels all six plans should be discussed at tonight's public hearing rather than just the one that has been recommended by the Board, which is Plan 5 - Option 1. She further stated that she lives in a very heavily populated district, and feels that all six plans need further discussion by the Board before a vote is taken. MINUTES Upon motion made by Supervisor Orndoff, seconded by Supervisor Reyes, the minutes of the Regular Meeting of April 11, 2001 were approved as presented by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Minute Book Number 27 Board of Supervisors Meeting of 05/09/01 51 Robert M. Sager - Absent Margaret B. Douglas - Aye Sidney A. Reyes - Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS There were no committee appointments at this time. RESOLUTION OF APPRECIATION FOR PASTOR CARL E. MOORE - APPROVED AND PRESENTED TO HIS WIFE Administrator Riley presented this resolution to Mrs. Moore. WHEREAS, Pastor Moore conducted numerous invocations for the Frederick County Board of Supervisors' meetings; and WHEREAS, Pastor Moore understood the matters that were before the board and could empathize with those on both sides of complicated issues; and WHEREAS, Pastor Moore was an ambassador for all faiths and beliefs in the community. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby express their eternal gratitude to the wife and family of Pastor Moore for his service to this community and his faith in his fellow man. BE IT FURTHER RESOLVED, that a true copy ofthis resolution be presented to Marsha Ashley Moore and that the minutes ofthe board of supervisors reflect this expression of appreciation of Pastor Carl E. Moore. ADOPTED, this 9th day of May, 2001. PROCLAMATION (#007-00 RE: LETTER CARRIER FOOD DRIVE DAY - APPROVED UNDER CONSENT AGENDA WHEREAS, Saturday, May 12, 2001, has been designated as Food Drive Day by the National Association of Letter Carriers and will be observed by letter carriers in the County of Frederick; and WHEREAS, the letter carriers serve citizens of our fine county in an exemplary manner through the most hazardous weather, be it snow, rain or extreme summer heat; and WHEREAS, this most faithful and dedicated civil servant never fails to complete his rounds of serving our entire population; and WHEREAS, letter carriers throughout the County of Frederick will be collecting food to replenish food pantries for the less fortunate and the homeless; and WHEREAS, the people ofthis great county wish to express their appreciation for, and show recognition ofthe efforts and sacrifices made by their faithful letter carrier. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby proclaim May 12, 2001, as Letter Carrier Food Drive Day in the County of Frederick, and urge all citizens to join in its observance. ADOPTED, this 9th day of May, 2001. Minute Book Number 27 Board of Supervisors Meeting of 05/09/01 25 PROCLAMATION (#008-0n RE: SALVATION ARMY WEEK - APPROVED UNDER CONSENT AGENDA WHEREAS, The Salvation Army's only business in this community of Frederick County, Virginia, as everywhere, is still human business, undertaken with joy for the family of humankind to the greater glory of God; and WHEREAS, through sound, innovative, and professional services, The Salvation Army serves the people of Frederick with unshakable faith in all, no matter how desperate the situation and views all people as people with possibilities; and WHEREAS, The Salvation Army acts on behalf of all the residents of our community, with neither salvation nor any other condition prerequisite, nor expecting any thanks, yet nonetheless welcoming community support. NOW, THEREFORE, I, Richard C. Shickle, Chairman of the Frederick County Board of Supervisors, do proclaim the period of May 14 to 20, 2001, Salvation Army Week in Frederick County, Virginia, and do urge all citizens to join me in saluting the steadfast men and women who bind up the broken hearted and renew the heart of our community by their quiet service of compassIOn. IN WITNESS THEREOF, I HAVE HEREUNTO SET MY HAND AND CAUSED THE SEAL OF FREDERICK COUNTY TO BE AFFIXED THIS 9TH DAY OF MAY, 2001. RESOLUTION (#043-00 CONCURRING WITH THE ACTION OF THE FREDERICK-WINCHESTER SERVICE AUTHORITY TO ISSUE REFUNDING BONDS TO PREPAY ITS OBLIGATIONS UNDER THE $1.600.000 SEWER SYSTEM REVENUE BOND. SERIES OF 1988 - APPROVED Administrator Riley presented this resolution to the Board. WHEREAS, the Frederick-Winchester Service Authority (the "Authority") can effect considerable savings by issuing refunding bonds to prepay its obligations under the 1988 Bond; and WHEREAS, Section 7.3 of the Parkins Mill Wastewater Treatment Plant Agreement (the "Agreement") dated August 1, 1988 requires consent of all parties to amend, modify or otherwise alter this Agreement; and WHEREAS, the Board of Supervisors of Frederick County (the "Board") is a party to the Agreement. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors ofthe County of Frederick, Virginia, that the board consents to the Authority's issuing refunding bonds in a principal amount not to exceed $975,000.00 to be known as "Frederick-Winchester Service Authority Sewer System Revenue Refunding Bond, Series of 2001," and authorizes and directs the county administrator to execute and deliver any amendment or modification to the Agreement necessitated by the issuance of such bonds. ADOPTED, this 9th day of May, 2001. Administrator Riley presented this information to the Board. Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the above resolution was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye Minute Book Number 27 Board of Supervisors Meeting of 05/09/01 53 W. Harrington Smith, Jr. - Aye Robert M. Sager - Absent Margaret B. Douglas - Aye Sidney A. Reyes - Aye RESOLUTION (#044-01)RE: CHANGES IN THE SECONDARY SYSTEM DUE TO RELOCATION AND CONSTRUCTION ON ROUTE 652. APPLE V ALLEY ROAD - APPROVED UNDER CONSENT AGENDA WHEREAS, the Virginia Department of Transportation has provided this board with a sketch dated April 20, 2001 depicting required changes in the Secondary System of State Highways, which sketch entitled "Changes in the Secondary System Due to Relocation and Construction on Apple Valley Road, Route 652, Frederick County," constructed as a private project funded by Central Coca-Cola Bottling Company, Inc., which is hereby incorporated herein by reference; and WHEREAS, a new road now serves the same citizens as those portions of old road identified to be abandoned and those portions to be abandoned no longer serve a public need. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors requests the Virginia Department of Transportation add to the Secondary System of Highways the portion of Route 652, identified as Links A-B ofthe aforementioned sketch, pursuant to ~33.1-229 of the Code a/Virginia, 1950, as amended; and BE IT FURTHERRESOL VED, that the Board of Supervisors for the County of Frederick, Virginia, does hereby abandon from the Secondary System of Highways the portion of Route 652 identified as Links C-D ofthe aforementioned sketch, pursuantto ~33.l-155 ofthe Code a/Virginia, 1950, as amended; and BE IT FINALLY RESOLVED, that a certified copy ofthis resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ADOPTED this 9th day of May 2001. WORKSESSION SCHEDULED FOR MAY 30. 2001. 6:00 P.M.. FOR DISCUSSION OF ECONOMIC MODELING Assistant County Administrator Tierney explained that staff has been meeting with representatives of the Shockey opposition group in an effort to develop a method for measuring the economic impacts ofthe Shockey project (and development proposals in general) which both parties agree is fair and accurate. He further explained that the group has reached a point where they would like to request an hour of time prior to the Board's May 23 meeting to present the results of their efforts to date. Upon motion made by Supervisor Orndoff, seconded by Supervisor Douglas the worksession, as requested by Mr. Tierney, is approved for May 30 at 6:00 P.M. in the Board of Supervisors Meeting Room. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye Minute Book Number 27 Board of Supervisors Meeting of 05/09/01 25 W. Harrington Smith, Jr. - Aye Robert M. Sager - Absent Margaret B. Douglas - Aye Sidney A. Reyes - Aye C. W. ORNDOFF. JR.. COUNTY TREASURER. ADDRESSES BOARD RE: PERSONAL PROPERTY TAX RELIEF ACT County Treasurer C. W. Orndoff, Jr., appeared before the Board to update them on where the county is in mailing out personal property tax bills. He advised the Board that unless the General Assembly makes changes to what is currently on the books, his office is scheduled to mail out the personal property bills on May 14. He further advised that the refund is currently scheduled at 70%. REFUNDS APPROVED FOR APPNET. INC.. AND AFFORDABLE DENTURES FOR OVERPAYMENT OF BUSINESS LICENSE FEE Upon motion made by Supervisor Orndoff, seconded by Supervisor Reyes, refunds were approved in the amount of$2,747.64 to Affordable Dentures and $2,628.44 to Appnet, Inc.. These refunds are the result of overpayment of business license fees. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Absent Margaret B. Douglas - Aye Sidney A. Reyes - Aye PUBLIC HEARING PUBLIC HEARING - PROPOSED ORDINANCE - SALARIES OF THE BOARD OF SUPERVISORS - PURSUANT TO SECTION 15.2-1414.3 OF THE CODE OF VIRGINIA. 1950. AS AMENDED. THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO FIX THE ANNUAL SALARIES OF THE BOARD OF SUPERVISORS AS FOLLOWS: CHAIRMAN. $10.800: VICE CHAIRMAN. $10.200L AND EACH OTHER MEMBER OF THE BOARD OF SUPERVISORS AT $9.000 - APPROVED Administrator Riley presented this information to the Board advising them that this action has to be reviewed each year by the Board during the month of May. He further advised that the decision is always up to the Board as to whether there is an increase or the salaries remain as they currently are. Mark Stivers, Stonewall District, appeared before the Board at which time he advised the Board that this is National Public Service Recognition Week, and on behalf of himself and his family, he feels the Board is entitled to this increase. He feels they give many hours to the county Minute Book Number 27 Board of Supervisors Meeting of 05/09/01 55 and use a lot oftheir own money in order to do their job as a board member, and this compensation is more than justified. Glen Penton, Stonewall District, appeared before the Board wherein he too expressed his endorsement of the salary increase for the Board of Supervisors. Supervisor Reyes stated that when he took the Board seat he did not consider the pay, and what his out of pocket expense might be. He further stated that he does not feel comfortable with voting to give himself a raise. Supervisor Douglas stated that in the beginning of her term she did not feel an increase was necessary; however, now she feels that it is. Supervisor Smith stated that for twelve years he felt an increase was not necessary, but times have changed and now he feels it is justified. Supervisor Orndoff advised that the dollar difference between what the Chairman and Vice Chairman receives should be greater. He feels the Chairman has much more responsibility and that his salary as Vice Chairman should be more in line with the other Board members. Administrator Riley further advised the Board that should they decide to approve this increase, they will need to do a supplemental appropriation in order to cover this expenditure in the amount of$14,000. Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the above ordinance amendment, along with the appropriation in the amount of$14,OOO, was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Absent Margaret B. Douglas - Aye Sidney A. Reyes - Nay PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC HEARING AN ORDINANCE TO PROVIDE FOR THE APPORTIONMENT OF MEMBERS OF COUNTY BOARDS OF SUPERVISORS. TO ESTABLISH BOUNDARY LINES OF THE MAGISTERIAL DISTRICTS AND VOTING PRECINCTS. TO NAME EACH MAGISTERIAL DISTRICT AND VOTING PRECINCT. AND TO ESTABLISH A POLLING PLACE FOR EACH VOTING PRECINCT. TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 7. ELECTIONS: ARTICLE I. MAGISTERIAL DISTRICTS: SECTIONS Minute Book Number 27 Board of Supervisors Meeting of 05/09/01 256 7-2 DISTRICTS ENUMERATED AND 7-4 BOUNDARIES: AND ARTICLE II. ELECTION PRECINCTS: SECTIONS 7-7 PRECINCTS AND RESPECTIVE POLLING PLACES ENUMERATED AND SECTION 7-8 BOUNDARIES. COPIES OF MAPS AND POPULATION DISTRIBUTIONS SHOWING THE VARIOUS OPTIONS UNDER CONSIDERATION ARE ON FILE IN THE OFFICE OF THE COUNTY ADMINISTRATOR- PUBLIC HEARING CONTINUED UNTIL BOARD MEETING OF MAY 23. 2001 Administrator Riley presented the Board's options should they decide to continue this public hearing until the next regular Board meeting. Planning Director Evan Wyatt presented this information to the Board and in doing so presented Plan 5 Options 1,2, & 3, along with Plan 6 Options 1,2, & 3. This was done by pointing out the different options by way of colored maps. Director Wyatt further advised the Board of the areas within the districts that would be moved to another district in order to balance the population. Director Wyatt explained that Stonewall District is the most populated with 9800 residents; therefore, this is the district that was looked at first. He further explained that in making any changes to the districts the numbers have to work. Chairman Shickle questioned the Northern Boundary area of Mosby Station and whether it matched I & 3 or 2? County Registrar Mike Janow appeared before the Board at which time he explained that it matched number 2. He further explained that because there is a change in all three plans on that area known as the Greenbrier Area, it is going to take a technical adjustment with the General Assembly when they meet over the Summer to correct this boundary line for the county. Chairman Shickle stated that depending on which plan the county adopts, they would ask for a technical amendment to match that plan. Mr. Janow replied that is correct. Director Wyatt explained that at the worksession the Board selected Plan 5 Option 1, and given that information, the resolution being presented at this meeting was prepared. He further explained that should the Board select another plan, a new resolution would need to be prepared, and he explained that it took him approximately a week to write the plan that is before the Board at this time. Mike McMillan, President of the VISION Organization, which is the Virginia Initiative to Save and Improve Our Neighborhoods, appeared before the Board at this time. Mr. McMillan Minute Book Number 27 Board of Supervisors Meeting of 05/09/01 57 resides in Opequon District. He explained to the Board that he was present at this meeting to provide the Board with a bit more education on how to think about the decisions that are before the Board with regard to this Ordinance. He feels there are three basic issues that have not been discussed by the Board, and they are Presentation of Communities ofInterest, Accounting for Future Population Growth, and a Lack of a Visible Decision Making Set of Guidelines associated with how to make a decision on the districts themselves. He further elaborated on each of these issues and how he felt the Board might use some of this information in the future. Sam Lehman, Back Creek District, appeared before the Board and advised them that he felt there is a problem with each of the plans as they do not consider density. He feels this could bring conflict between the urban population the sewer population and the rural population. He further feels a plan is needed that will work best for the next ten years. He explained that Gainesboro and Back Creek Districts are not growing near as fast as the other districts. He does not favor any of the options that have been presented to the Board. Walt Cunningham, Shawnee District, stated that his district has doubled in population and that he feels a sixth district is definitely needed. Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith, to continue this public hearing until the Board meeting of May 23,2001. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Absent Margaret B. Douglas - Aye Sidney A. Reyes - Aye Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith, Plan 5 Option 1 and also Plan 6 Option 1 will be presented at that time for a vote by the Board. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Absent Margaret B. Douglas - Aye Sidney A. Reyes - Aye TRANSFER OF FUNDS FROM UNRESERVED FUND BALANCE AND APPROPRIATION OF SAME FOR INDUSTRIAL ACCESS FUNDING FOR Minute Book Number 27 Board of Supervisors Meeting of 05/09/01 25 EASTGATE INDUSTRIAL PARK - APPROVED Administrator Riley explained how this request would work. He advised that $300,000 would be transferred from Unreserved Fund Balance and appropriated into an interest bearing account. Once this proj ect is completed, the funds will be returned to the Unreserved Fund Balance. This is a requirement of Virginia Department of Transportation. Upon motion made by Supervisor Smith, seconded by supervisor Reyes, the above request was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Absent Margaret B. Douglas - Aye Sidney A. Reyes - Aye COMMITTEE REPORTS EMERGENCY COMMUNICATIONS COMMISSION - APPROVED UNDER CONSENT AGENDA The Frederick County Emergency Communications Commission met Monday April 23 ,200 I at 4:30 P.M. Commission members present were: County Administrator John R. Riley, Jr., Sheriff Robert Williamson, Frederick County Fire & Rescue Director Gary DuBrueler, Steve Eells, Walt Cunningham and Frank Spurr. The following items were discussed: ***Items Not Requiring Action*** 1. Communications Update At this time we are still in the process oflocating a site for the radio towef. It is believed to be approximately two-three weeks until we are sure of a location 2. Old Business The issue of upgrading Fire and rescue radios and abase stations within the stations was discussed. The cost will be approximately $450.00 - $500.00 per station. The Communications Center will cover the expense. 3. Meetin~ Date The next meeting of the Commission will be on a call basis. BOARD OF SUPERVISORS COMMENTS There were no additional comments at this time. UPON MOTION MADE BY SUPERVISOR ORNDOFF, SECONDED BY SUPERVISOR REYES, THERE BEING NO FURTHER BUSINESS TO COME BEFORE Minute Book Number 27 Board of Supervisors Meeting of 05/09/01 59 THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (Time: 8:50 P.M.) . \L...L.J<. ~ Richard C. Shickle Chairman, Board of Supervisors Minutes Prepared By: ~~-r ~ ~ Carol T. Bayliss Deputy Clerk, Board of Supervisors Minute Book Number 27 Board of Supervisors Meeting of 05/09/01