July 3, 1996 Special Meeting
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A special meeting of the Frederick County Board of Supervisors was held on July 3, 1996,
at 9:00 a.m., in the Board of Supervisors' Meeting Room, Frederick County Courthouse,
Loudoun Street Mall, Winchester, Virginia.
PRESENT: Chairman James L. Longerbeam; W. Harrington Smith, Jr.; Margaret B.
Douglas; Robert M. Sager; Richard B. Shickle; and Charles W. Orndoff, Sr.
Statfmembers from the Virginia Department of Transportation - James Browder, Jr., chief
engineer, and Stewart Waymack, right-of-way engineer.
CALL TO ORDER
The Chairman called the meeting to order.
ADOPTION OF AGENDA
Mr. Riley requested the following amendments to the agenda noting this meeting has been
called in order that the board members along with staff might have a worksession on Route 37
with officials from the State Department of Transportation.
1. General Fund supplemental appropriation in the amount of $275,000 for Kohl's
Corporation.
2. Requeet from C. W. Orndoff, Jr., county treasurer, for a supplemental appropriation in
the amount of $27,065.00 for FY 96-97. This expenditure is for the new county
administration building.
Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., 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
REOUEST FOR SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF
$275.000 FOR KOHL'S CORPORATION - APPROVED
Mr. Riley explained that the county had received a check from the State made payable to
the county instead of to Kohl's and this needs to be deposited and another check issued to Kohl's
and in order for this to be done a General Fund Supplemental Appropriation in the amount of
$275,000 needs to be approved by the Board.
Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, a general
fund supplemental appropriation in the amount of $275,000 was approved as requested above by
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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
Mr. Shickle asked if there is any type of agreement between the County and Kohl's.
Mr. Riley replied no.
Mr. Shickle wanted to know if there is a problem with there being an agreement, just as a
precautionary measure, or safeguard.
Mr. Riley said no he didn't think so.
Mr. Longerbeam stated that the letter from the State needs to come from EDC Director,
Ms. Wilmot, as noted in the application.
REOUEST FROM THE COUNTY TREASURER RE: SUPPLEMENTAL
APPROPRIATION FOR NEW ADMINISTRATION BUILDING - APPROVED
Mr. Riley presented this request to the Board noting that this had been forwarded to the
Board from the Finance Committee with no recommendation.
Mr. Smith asked if any other offices would be before the Board to request additional
funding.
Mr. Riley replied not that he was aware of.
Mr. Sager inquired as to why the Finance Committee did not make a recommendation.
Mr. Riley replied that he was not really sure as to why. He further noted that this has been
to the Finance Committee before and the other expense, as spelled out, is solely for phones and
security.
Mr. Shickle asked if he was correct that security, in addition to the expense of the board
room, is yet to be paid for.
Mr. Riley replied that was correct.
Mr. Smith moved for approval and Mr. Orndoff seconded.
Mr. Longerbeam asked if an expert had been asked to take a look at the security system
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and if not he felt it was something that needed to be done.
Mr. Riley stated that he felt the Treasurer had done his homework on this and he felt
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comfortable with what had been presented.
Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the
request of the Treasurer in the amount of $27,065.00 is hereby 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. Shiclde - Aye
Charles W. Orndoff, Sr. - Aye
VIRGINIA DEPARTMENT OF TRANSPORTATION STAFF JAMES
BROWDER. JR. AND STEWART WAYMACK MEET WITH BOARD RE:
ROUTE 37
Mr. James Browder, Jr., appeared before the Board to address the Route 37 project and
the guidelines to determine what is a "Hardship Case".
Following Mr. Browder's discussion with the Board Mr. Stewart Waymack, director of
right-of-way for VDOT, appeared before the Board and explained specific cases that would fall
under a hardship case.
Mr. Longerbeam asked who would make the decision, the county or VDOT.
Mr. Waymack stated VDOT could.
The time scheduling involved for this project was discussed and Mr. Browder stated that it
could be as long as twenty-four months. The next step is the approval of the design. He further
stated that it was his understanding that the project would go south to Route 7 as construction
will be broken down in segments.
Mr. Shiclde asked if some jurisdictions opt to do hardship cases.
Mr. Browder replied that he was not aware of any.
Mr. Shiclde stated that he wanted to be sure that if the county elected to do hardship cases
that there would be sufficient funds to cover all the requests, if approved.
Mr. Browder explained that there is nothing that says the state or county have to agree to
hardship cases.
Mr. Sager asked what is a hardship in dollars.
Mr. Browder replied the market value for the area.
Mr. Kris Tierney, interim planning director, explained that one of the things that is a factor
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in this decision is that there is a deadline of March, 1997 for the impact study.
Following Board discussion it was their consensus that Section 8, dealing with hardship
cases, should be stricken from the agreement.
Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., to amend
the Route 37 agreement with VDOT to include the pen and ink change as initialed by Board
Chairman, James L. Longerbeam, that will delete number eight, and this document returned to
VDOT as soon as possible.
County Attorney, Lawrence R. Ambrogi was present and was in agreement with this
decision.
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 Virginia, 1950, as amended, Section
2.1-344, Subsection A (1) (3) and (7) to Discuss Personnel, Legal Matters and EDC issues.
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
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BOARD WITHDREW FROM EXECUTIVE SESSION
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 Robert M. Sager, the Board
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reconvened into regular session and certified nothing other than what was noted as reason for
going into executive session was discussed.
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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
DEPARTMENT HEAD EVALUATION. WITH EXCEPTION OF TOM OWENS.
CERTIFIED
Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the
evaluations of the following department heads, with the exception of Tom Owens, were certified:
James Doran - Director, Parks and Recreation
Ed Strawsnyder - Director, Public Works
Benny Tyson - Director, Data Processing
Cheryl Shiftler - Director, Finance
Kris Tierney - Interim Director, Planning
Ann Kelican - Director, Personnel
Granville Amos - Director, Airport
June Wilmot - Director, EDC
Scott Anderson - Director, Division of Court Services, was not evaluated at this time due
to the fact that he was just hired for this position.
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., AND PASSED UNANIMOUSLY, THERE BEING NO
FURTHER BUSINESS TO COME BEFORE THIS BOARD, mIS MEETING IS
HEREBY ADJOURNED.
James L. Longer m
Chairman, Board of Supervisors