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September 23, 1998 Regular Meeting .064 A Regular Meeting of the Frederick County Board of Supervisors was held on September 23, 1998 at 6:00 P.M., (Executive Session with the School Board), with the regular session starting at 7: 15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT: Chairman James L. Longerbeam; Vice Chairman Richard C. Shickle; W. Harrington Smith, Jr.; Charles W. Orndoff, Sr.; Robert M. Sager; Margaret B. Douglas. SCHOOL BOARD MEMBERS: Chairman Patricia D. Stiles; Nancy D. Walsh; Margaret M. Rowe; Lawrence K. Van Hoose; Stuart A. Wolk; and R.D.W. "Bobby" Orndorff. STAFF: Superintendent Dr. William Dean; Assistant Superintendent Robert W. Cleaver; Finance Director Lisa K. Frye; Tom Sullivan and Patti Taylor. CALL TO ORDER Chairman Longerbeam called the meeting to order. BOARD OF SUPERVISORS' MEET IN EXECUTIVE SESSION WITH COUNTY SCHOOL BOARD AND STAFF Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the Board retired into executive session with the county school board in accordance with the Code of Virginia, 1950, as amended, Section 2.1-344, Subsection A (1) (3) (5) and (7) to Discuss Personnel, Acquisition and Disposition of Real Estate, Economic Development - Discussion of an Industrial Prospect and Legal Matters. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Shickle, the Board withdrew from executive session. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sf. - Aye 065 BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Sager, 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: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye INVOCATION The invocation was delivered by Supervisor Sager in absence ofa minister. ADOPTION OF AGENDA County Administrator Riley suggested the following amendments: I. Addition of Law Enforcement & Courts Committee Report. 2. Moving the second board meeting of October to the 26th. 3. Discussion ofEIP Suit/Settlement. Upon motion made by Supervisor Sager, seconded by Supervisor Douglas, the agenda was adopted as amended by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye CONSENT AGENDA County Administrator Riley suggested the following tab for approval under consent agenda: 1. Proclamation Re: Red Ribbon Week - Tab A. Upon motion made by Supervisor Smith, seconded by Supervisor Sager the consent agenda was approved as noted above by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye CITIZEN COMMENTS 066 No one appeared before the Board at this time. PROCLAMATION (#001-98) - RED RIBBON WEEK - APPROVED UNDER CONSENT AGENDA WHEREAS, any use of an illegal drug is unacceptable and the illegal use of a drug cannot be tolerated; and WHEREAS, substance abuse destroys lives, spawns crime, undermines our economy, and threatens our community; and WHEREAS, the Board of Directors and staff of Kids Are Our Concern will join with the National Federation of Parents for a Drug Free Youth to proclaim the week of October 23 - 31, 1998 as "National Red Ribbon Week"; and WHEREAS, the Board of Directors of Kids Are Our Concern has organized a Red Ribbon Campaign to coordinate the week's activities, has called for a comprehensive public awareness, prevention, and education program involving many parents, civic, religious, and other community organizations and groups within our community. NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia supports and promotes this effort and will observe the week by wearing Red Ribbons. PROCLAIMED this 23rd day of September, 1998. EMERGENCY BAN ON OPEN AIR BURNING - APPROVED County Administrator Riley explained that on Wednesday, September 16, 1998, he ordered a ban on both private and commercial open air burning within Frederick County as provided for in the county code. This section of the code required the Board to ratify the emergency order at the next meeting following the action; therefore, he was requesting the necessary Board action at this time. Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the Emergency Ban on Open Air Burning was approved as presented by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sf. - Aye BOARD OF SUPERVISORS TO TOUR THE CAMPUS OF LORD FAIRFAX COMMUNITY COLLEGE ON OCTOBER 27.1998 PRIOR TO THE BOARD MEETING. AT THE INVITATION OF PRESIDENT DR. MARILYN BECK BOARD OF SUPERVISORS TO MEET WITH ECONOMIC DEVELOPMENT COMMISSION ON OCTOBER 14.1998 PRIOR TO REGULAR BOARD MEETING FOR DISCUSSION OF ECONOMIC DIRECTION REOUEST FROM SCHOOL BOARD FINANCE DIRECTOR FOR SUPPLEMENT ALAPPROPRIA TION FOR GROUP HEALTH INSURANCE YEAR- END SETTLEMENT FOR FISCAL YEAR 1998 - APPROVED 067 School Finance Director Lisa Frye is requesting Board approval. of a supplemental appropriation, from the insurance reserve account to the school operating fund, to enable the school to disburse $156,090.24 to Trigon. The amount due represents claims activity in excess of premiums paid. This request was approved by the school board at their meeting of September 1. Upon motion made by Supervisor Shickle, seconded by Supervisor Sager, the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 1999 LEGISLATIVE PRIORITIES - RECEIVED AS INFORMATION This list is on file in the office of the county administrator. HANDLEY LmRARY BRANCH - PROPOSED AMENDED SITE LOCATION- APPROVED County Administrator Riley presented the latest version of site location for the proposed Handley Library Branch. The plans call for the branch to be located on property currently owned by the county at Lakeside, in Shawnee Magisterial District. Following comments of endorsement by Board members, Supervisor Smith moved to approve the Lakeside site, with Supervisor Sager seconding the motion. The Board further directed that this information be forwarded to the Public Works Department with the directive that they proceed with working out the necessary building and construction plans. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sf. - Aye SECOND BOARD MEETING OF OCTOBER 1998 CHANGED FROM OCTOBER 28 TO OCTOBER 26 AT REOUEST OF COUNTY ADMINISTRATOR Upon motion made by Supervisor Orndoff, seconded by Supervisor Douglas, the second Board meeting of October was changed from October 28 to October 26, due to the county administrator being out of town on business. The above motion was approved by the following recorded vote: 068 i " , If James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye EIP SETTLEMENT APPROVED County Administrator Riley advised the Board that the City of Winchester had adopted the ElP Settlement Agreement at their meeting on September 22, 1998. Supervisor Smith moved to approve the ElF Settlement Agreement with Supervisor Shickle seconding the motion. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye Supervisor Orndoff expressed his displeasure with the way this matter was handled by the City of Winchester. GILBANK F. HAMILTON NOMINATED TO SERVE ON BOARD OF ZONING APPEALS FROM SHAWNEE MAGISTERIAL DISTRICT Supervisor Smith submitted the name ofGilbank F. Hamilton as his nomination to the Board of Zoning Appeals. Mr. Hamilton's name will be submitted to Judge Prosser of the Twenty-Sixth Circuit Court for his consideration. Supervisor Sager seconded this nomination. The above nomination was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye JOINT FINANCE COMMITTEE REPORT AND RECOMMENDATIONS The Joint Finance Committee met in the First Floor conference Room at 107 North Cameron Street on September 14, 1998 at 8:00 a.m. The agenda items were as follows: 1. Robinson. Farmer. Cox Associates Presented the Comprehensive Annual Financial Report for Fiscal Year Endinf! June 30.1998 Randy Jones also presented the Cash reconciliation for the Airport operating and capital 069 funds. The committee accepted the reconciliation showing additional operating funding due and a refund due to the localities in the capital fund. (RECEIVED AS INFORMATION.) 2. The Airport Authoritv Reauested a $300.000 Bridl!e Loan From the County and City for the Purchase of the Goodman Hanl!er The committee recommended the loan be funded jointly by the city and county, bearing an interest rate of 5.5%, for a 20 year term. The interest and principal will be paid jointly to the county and city over the specified term. See attached amortization schedule. This loan will be in lieu of the requested bridge loan. Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Nay Charles W. Orndoff, Sr. - Aye 3. The Airport Authoritv Reauested a Capital Fund Supplemental Appropriation in the Amount of $21.000 This amount is being requested in the capital fund and will cover the retainage with Long Fence Company. The Committee recommended approval. Following Board discussion it was their consensus that the $21,000 be taken from the balance due from localities in Capital Fund. The dollar amount discussed was $62,000; however after the meeting it was determined to be $90,983.35. Upon amended motion made by Supervisor Smith, seconded by Supervisor Douglas, the Board approved the $21,000 being deducted from the amount to be returned to the localities as a capital surplus. James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 4. The Committee Recommended that the Airport Assume Fiscal Aeent Responsibilitv Bel!inninl! Fiscal Year 1999-2000 The committee also requested that surrounding localities contribute a larger percentage of funding for the airport, thus reducing the burden to the City of Winchester and Frederick County. The Authority is to report back to the committee at the next meeting. LAW ENFORCEMENT & COURTS COMMITTEE REPORT The Law Enforcement & Courts Committee met on Monday, September 21, 1998 in the First Floor Conference Room of the County Administration Building, 107 North Kent Street, Winchester, Virginia, all committee members were present with the exception of Donald S. Jackson. Also present were Sheriff Robert T. Williamson, County Administrator John R. Riley, and Assistant County Administrator Lauren G. Carrier. 070 :1 Ii I: 1. Discussion of the Central Shenandoah Criminal Justice Traininl: Academv - County Will Not Renew Their Charter The Committee discussed correspondence received from the Central Shenandoah Criminal Justice Training Academy in reference to the academy's charter and revision thereof. (The academy requested that Frederick County confirm its membership and remain a charter member.) The committee recommended to the Board of Supervisors that Frederick County not remain a member of the Central Shenandoah Criminal Justice Training Academy by not ratifying the new charter, and further recommended that the county participate in the creation of a new regional training academy within the Lord Fairfax Planning District. Sheriff Williamson appeared before the Board to express his opinion on this request, and in doing so advised the Board that he was not in favor of Frederick County confirming their membership nor remaining a charter member. Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the county will not renew their charter with the Central Shenandoah Training Academy. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye UPON MOTION MADE BY SUPERVISOR SMITH, SECONDED BY SUPERVISOR SAGER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. /~". Minutes Prepared By: &a.J) .7--:- \&"'f }CU'-L' Carol T. Bayliss Deputy Clerk, Board of Supervisors Ii .1