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March 25, 1998 Regular Meeting II II 1587 I A Regular Meeting of the Frederick County Board of Supervisors was held on March 25, 1998, 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.; Robert M. Sager; Charles W. Orndoff, Sr.; and Margaret B. Douglas. CALL TO ORDER The Chairman calIed the meeting to order. INVOCATION The invocation was delivered by Reverend George Stewart of the Pleasant ValIey United Methodist Church. ADOPTION OF AGENDA County Administrator John R. Riley, Jr., requested the following items be added to the agenda: 1. Cops Grant Memo from the Finance Director; 2. Request for a contribution to the NACo Telecommunications Defense Fund; 3. Resolution of Support That Governor James S. Gilmore Veto HB 335; 4. Tab E - Personnel Actions be Discussed in Executive Session. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., 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 advised that he had nothing for consent agenda. CITIZEN COMMENTS No one appeared before the Board at this time. PUBLIC HEARING - PROPOSED BUDGET FOR FISCAL YEAR 1998-1999 County Administrator John R. Riley, Jr., presented the 1998-99 Fiscal Year Budget totaling $228,966,310 pointing out several budget highlights. 588 Chairman Longerbeam asked fellow Board members if they had any comment at this time concerning the budget. There were none. Chairman Longerbeam read the Rules of Order for the Budget Public Hearing. The following citizens appeared before the Board concerning the budget: Richard Stevenson, Gainesboro District, representing Handley Library Board. He thanked the Board members for their continued support of the Handley Library. Patricia Stiles, Stonewall District, Chairman of the county school board. Thanked the Board for their support of the school board budget as well as helping to make this budget process one of the smoothest that she has worked with. Linda Caley, Back Creek District and President of Frederick County Schools Council stating that she supported the school budget and asked the Board to review the enrollment figures as she had concerns with the teacher/student ratio at some of the schools. Perry Silva, Opequon District, and President of the County Volunteer Fire and Rescue Association. Asked Board to consider the associations funding request and thanked the Board for all they had done for the Association. Paul Morgan, Stonewall District, spoke of his concerns with the overcrowding of some of the county schools, especially Red Bud Run as this is where his daughter attends school and some of the classes currently have 28 plus students. Melinda Algayer-Goitia, Stonewall District, serves on school council and also has daughter attending Red Bud Elementary. She is very concerned about the overcrowding at this school as she feels with close to 30 students in a classroom is dangerously high. End of Public Hearing - 7:33 P.M. Mr. Smith thanked department heads as well as the school board for not submitting inflated budgets. Mr. Longerbeam referred to the contingency fund that was established a few years ago with approximately $300,000. If the Board deems it necessary some of these monies could be used. Mr. Sager thanked both Boards for making this budget process work as well as it did. REQUEST FROM VDOT TO PAY $3500 UNPAID COUNTY MATCH FOR THE INDUSTRIAL ACCESS FUND FOR MOBIL INDUSTRIAL ACCESS PROJECT ON i II 11589 SHAWNEE DRIVE - APPROVED County Administrator John Riley presented this request to the Board. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the request ofVDOT as noted above 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. ShickIe - Aye Charles W. Orndoff, Sr. - Aye EMERGENCY COMMUNICATIONS COMMISSION REQUEST TO AWARD CONTRACT FOR COMMUNICATIONS EQUIPMENT AND LINE ITEM TRANSFER - APPROVED Director John Webb presented this request to the Board. The Emergency Communications Commission at its regular meeting on March 16, 1998, authorized the Director to proceed to the Board of Supervisors with a recommendation to award a contract to Motorola, Inc. for Communications Equipment (RFP #98-001) in the amount of $269,739.70. This will require the following action: 1. A transfer of $20,000 from line item #3506-3009-003, E-911 to #3506-7800-000, Communications Equipment. 2. By vote of the Board, authorize the County Administrator to execute a contract with Motorola, Inc. for the provision of communications equipment for a lump sum price of $269, 739. 70, as recommended by the Emergency Communications Commission. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., 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 REOUEST FROM CFW REGIONAL JAIL RE: FUNDING FOR LIVE SCAN FINGERPRINTING SYSTEM - APPROVED Director Fred Hildebrand presented this request to the Board in the amount of $57,399 explaining that the funding appropriation was being made through the Jail's Budget under Machinery and Equipment, 03-033-3001-7001-00. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the above request was approved by the following recorded vote: James L. Longerbeam - Aye 590 W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye SHERIFF'S DEPARTMENT COPS GRANT - APPROVED The Sheriffs Department, several months ago, informed the Board of Supervisors, that they had received a COPS Universal Hiring Program grant award for 3 new, additional full-time officers. The funding would be 75/25 local. It was also expressed that the local funding was being requested to be wavered. This request was denied. Therefore, a supplemental appropriation is being requested in the current year in the amount of$21,707.00. This amount required local funding in the amount of$5426.75. A budget increase will also be required in the upcoming budget resolution in the amount of $86,829.00 for FY 98-99 of which $21,707.25 represents the local costs. Sheriff Williamson appeared before the Board on behalf of this request. (This request was presented to the Board at their meeting of February 11, 1998; however, the budget year was incorrect thus the reason for it being brought back to the Board). Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., 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 REOUEST FROM NATIONAL ASSOCIATION OF COUNTIES (NACo) FOR A CONTRmUTION TO THE NACo TELECOMMUNICATION DEFENSE FUND IN THE AMOUNT OF $1.000 - APPROVED County Administrator John Riley presented this request from NACo. Mr. Shickle asked if there was any type of accountability back to the county on this donation. Mr. Riley replied no. Upon motion made by Robert M. Sager, seconded by Margaret B. Douglas, the county will donate $1,000 to the NACo Telecommunication Defense Fund. 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 - Nay Charles W. Orndoff, Sr. - Aye RESOLUTION (#027-98) OF SUPPORT THAT GOVERNOR JAMES S. GILMORE VETO HB 335 - APPROVED i! I 591 WHEREAS, HB 335 will prohibit localities from offering telecommunications services for sale or lease to their citizens or businesses as an economic development incentive or business retention tool; and WHEREAS, rural areas will be particularly affected by HB 335 as it would allow the telecommunications industry to offer high-speed services at their convenience, in direct contrast to the 1996 Telecommunications Act which allows localities in Virginia to enter the telecommunications arena to provide needed services if they so choose; and WHEREAS, the ability to offer telecommunications services in 1998 by localities is as vital as the ability oflocalities to offer water and sewer and electric services to its citizens and businesses earlier in this century; and WHEREAS, the Frederick County Board of Supervisors recognizes that the vetoing ofHB 335 would prevent the potential adverse impact on economic development in Virginia; and NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby request of Governor James S. Gilmore to veto HB 335 because of its potential adverse impact on economic development in Virginia. ADOPTED this 25th day of March, 1998. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above resolution 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 REOUEST FROM COUNTY ADMINISTRATOR RE: PERSONNEL ACTIONS - COURT SERVICES DEPARTMENT AND FIRE AND RESCUE DEPARTMENT- FIRE AND RESCUE REOUEST WAS DISCUSSED IN EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, to approve the request that has been made to fill a vacant position of Case Officer in the Court Services Department which was vacated due to a resignation. 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 PLANNING COMMISSION BUSINESS: SUBDIVISION APPLICATION #015-97 OF WYTHE AVENUE EXTENSION - APPROVED Zoning Administrator Eric Lawrence presented this request to the Board. 592 Mr. BJ. Tisinger, local attorney, addressed the Board on behalf of the petitioner to explain the confusion about Caroline Avenue. He stated that the entrance to lot 3 should be eliminated as they only want the entrance to lot 4. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., subdivision application #015-97 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 End of Planning Commission Business. EMERGENCY COMMUNICATIONS COMMISSION REPORT Mr. Sager presented this report. The Frederick County Emergency Communications Commission met Tuesday, March 17, 1998, at 4:45 p.m. Present were Commission Members Chairman Robert Sager, H. Perry Silva, Sheriff Robert Williamson. Also, present were: Lauren Carrier, Assistant County Administrator, Public Safety Communications Director John Webb, Fire & Rescue Fire Marshal, Dennis Linaburg, and members of the media. The following items were discussed and was submitted for the boards information only: 1. Communication Directors Report A. ECC Construction Update Construction began on the ECC Center on February 11, 1998. The center is approximately 30% completed. B. Dispatcher Status Mr. Webb confirmed the hiring of three new dispatchers. Upon written agreement between the City and County two dispatchers are currently training in fire dispatch, with an instructor, at the City's facility. A third dispatcher started today and went into the Sheriffs rotation. The Sheriff said they would not fill the vacant supervisors position in his office until Mr. Webb takes over supervision of the combined departments. Promotion of three working supervisors will be addressed and they will hire the last two dispatchers positions. 2. Old Business A. Sheriff Williamson received notification from FCC that APCO has approved their frequency coordination changes, amending the relocation of the tower. A discussion was held on the Fire & Rescue Associations licence application. B. Sheriff Williamson asked Mr. Webb for an update on the City of Winchester Upgrade and negotiation of the monthly payment. Mr. Webb said that we had received no further correspondence and/or an invoice for monthly payment. Discussion was held. The following items were discussed and required board action: 3. Communications Equipment RFP # 98-001 Mr. Webb presented to the Commission the proposal from Motorola, the sole responder to RFP # 98-001. Discussion was held on type of consoles and life expectancy of each and the long term value to best serve the interests of Frederick County. Sheriff Williamson made a motion, to accept RFP # 98-001 (Option A) and authorize Director Webb to proceed with presentation, of such, to the Board of Supervisors. Perry Silva seconded the motion. The motion was unanimously approved. 4. Commission Citizens Vacancy - Filled Chairman Sager presented all the qualified applications received for the citizens Commission vacancy. Discussion was held. Sheriff Williamson made a motion for the Commission to extend an offer to candidate Eells and summit application to the Board of Supervisors for approval and appointment. Perry Silva seconded the motion. The motion was unanimously approved. Upon motion made by Robert M. Sager, seconded by Margaret B. Douglas, Stephen F. Eells was appointed to the Emergency Communications Commission filling the vacancy created by the resignation of Frank Spurr. 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 Meetine Date: The next meeting of the Commission will be on Monday, April 13, 1998, at 4:30 p.m. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by W. Harrington Smith, seconded by Robert M. Sager, the Board retired into executive session in accordance with the Code of Virginia, 1950 as amended, Section 2.1-344, Subsection A(1) (3) and (7) to Discuss Personnel, Acquisition and Disposition of Real Estate, 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 if 593 594 Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the Board withdrew from executive session. This 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 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: 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 * DENNIS LINABURG PROMOTED TO POSITION OF COUNTY FIRE MARSHAL Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, Dennis Linaburg was promoted to County Fire Marshal effective immediately with a probationary period of six to twelve months which will be determined by the new Director of Fire and Rescue. 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 COUNTY OF FREDERICK TO BRING SUIT AGAINST CITY OF WINCHESTER FOR DOWNZONING OF COUNTY PROPERTIES WITHIN THE CITY LIMITS OF WINCHESTER-APPROVED Mr. Shickle presented the following motion: Authorize the County Administrator to employ the firm of Williams, Mullen, Christian and Dobbins to file suit against the City of Winchester for downzoning of County properties within the City limits of Winchester. This action is necessary due to timely filing (30 day) requirements for II [I I 595 appeal to the Circuit Court to reverse the action taken by City Council and March 10, 1998. This action is necessary in order to fulfill our fiduciary responsibility to the taxpayers of Frederick County. 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 ROBERT M. SAGER, SECONDED BY W. HARRINGTON SMITH, JR., THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. ~u.4 James L. Longerbeam Chairman, Board of Supervisors ~ Minutes Prepared By: ~~~'---I~ ~1::;~1L'-llz~)_ Carol T. Bayliss Deputy Clerk, Board of Supervisors * At the Board Meeting of May 27, 1998, the minutes of May 13, 1998 were amended to include Virginia Code section 27-30 through 27-37, in the motion made during the promotion of Dennis J.inaburg from Assistant Fire Marshal to Fire Marshal. The amendment was made upon motion of Robert M. Sager, seconded by W. Harrington Smith, Jr., approved 5-0 (Charles Orndoff, Sr. was absent). Sentence amended to read: Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, in accordance with Code of Virginia, 1950 as amended, Section 27-30 through 27-~7, Dennis Linaburg was promoted to County Fire Marshal effective immediately with a probationary period of six to twelve months which will be deternined by the new Director of Fire and Rescue.