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HomeMy WebLinkAboutJanuary 10, 1996 Regular Meeting 454 A Regular Meeting of the Frederick County Board of Supervisors was held on January 10, 1996, at 7:15 P.M., in the Board of Supervisor's Meeting Room, Frederick County Courthouse, Loudoun Street Mall, winchester, Virginia. PRESENT: James L. Longerbeam, Chairman; w. Harrington Smith, Jr., Vice-Chairman; Richard C. Shickle; Robert M. Sager; Margaret B. Douglas; and Charles W. Orndoff, Sr. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by Board Member Robert M. Sager, in absence of a minister. ADOPTION OF AGENDA Mr. Riley requested that the following items be added to the agenda: 1. A request for approval of a supplemental appropria- tion transfer for the purchase of the Ryland S. Carper property in the amount of $555,000. 2. Approval of Declaration of Local Emergency Due to Heavy Snowfall. 3. Rabies Awareness Week - January 15-20. 4. Mr. Orndoff requested time under County Officials. 5. Mr. Smith requested that "Tab G", Carroll Rezoning, be pulled from the agenda. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the agenda was approved as amended. 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 CONSENT AGENDA Mr. Riley suggested the following tabs for approval under consent agenda: 1. Road Resolutions - Tab I; 2. Parks and Recreation Commission Report - Tab J; 455 3. Rabies Prevention Week Proclamation (added to agenda). Upon motion made by w. Harrington Smith, Jr., seconded by Charles w. Orndoff, Sr., the consent agenda was approved as noted. CITIZEN COMMENTS No one appeared before the board at this time. MINUTES Mr. Orndoff requested that on page 6 (Grant Award For Kraft General Foods) he would like for the verbiage to be more precise or closer to verbatim if possible. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the minutes of December 13, 1995 were approved as amended. 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 ORGANIZATION OF THE BOARD OF SUPERVISORS FOR 1996 Election of Vice-Chairman Robert M. Sager nominated W. Harrington smith, Jr., at this time for Vice-Chairman. Mr. Shickle nominated Charles W. Orndoff, Sr., for Vice- Chairman. The vote for Vice Chairman was as follows: VOTE CANDIDATE Charles W. Orndoff, Sr. - Robert M. Sager - Margaret B. Douglas - Richard C. Shickle - W. Harrington Smith, Jr., James L. Longerbeam - Charles W. Orndoff, Sr. W. Harrington smith, Jr. Charles W. Orndoff, Sr. Charles W. Orndoff, Sr. - W. Harrington Smith, Jr. W. Harrington smith, Jr. The vote was tied. Mr. Riley, as parliamentarian stated that it is his under- standing that when there is a tie vote and one of the candidates was currently serving in this position, as was Mr. Smith, that he retains the seat. 456 Mr. Longerbeam instructed Mr. Riley to look into the legality of this and let the board members know. AdoDtion of Rules of Order Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, Robert's Rules of Order was adopted as the Rules of Order for the Board of Supervisors for 1996. 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 ADDointment of Parlimentarian Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, John R. Riley, Jr., county administrator, was appointed as Parliamentarian for the Board of Supervisors for 1996. 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 ADDointments to Various Boards. Commissions and Committees Chairman of the Board of Supervisors, James L. Longerbeam, presented these following appointments: James L. Lonqerbeam: Industrial Development Authority; City-county Joint Finance Committee. W. Harrington Smith. Jr..: Chairman of the Finance Committee; Personnel committee; Public Works Committee; Sanitation Authority; Winchester Regional Airport Authority; City-county Joint Finance Committee. Robert M. Saqer: Chairman of Law Enforcement and Courts Committee; Code & Ordinance committee; Social Services Board; Transportation Safety Committee; Planning Commission; Handley Library Board. Marqaret B. Douqlas: Chairman of Personnel Committee; Law Enforcement and Courts Committee; Gypsy Moth Committee; Parks and Recreation Commission. 457 Richard C. Shickle: Chairman of Code & Ordinance Commit- tee; Finance Committee; Fire & Rescue Association; Frederick- Winchester Service Authority. Charles W. Orndoff. Sr.: Chairman of Public Works Commit- tee; Agricultural District Advisory Committee; Extension Adviso- ry Board; A.S.C. ReaDDointment/ADDointment of citizens to various County Boards. Commissions and Committees: Code and Ordinance Stephen G. Butler Patricia F. Scheder Mike Bryan Finance Committee Nicholas Nerangis Anita Shull Michael G. Cundiff Law Enforcement and Courts Committee Larry Coverstone James L. Hockman Donald S. Jackson Vickie wilkins Personnel Committee Lt. Col. Robert S. Gordanier Tonie M. Wallace J. Michael Foster Public Works Committee Karen Kober Thomas Offutt Jim Vickers Committee ADDointments: SHARON MCPEAK APPOINTED TO SHAWNEELAND ADVISORY TO FILL UNEXPIRED TERM OF THELMA RATLIFF Upon motion made by Margaret B. Douglas, seconded by W. Harrington Smith, Jr., Sharon McPeak was appointed to the Shawnee land Sanitary District Advisory Committee to fill the unexpired term of Thelma Ratliff, who has resigned. This term will expire on June 30, 1997. 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 CAROLYN L. MARKER REAPPOINTED TO THE EXTENSION ADVISORY COMMITTEE Upon motion made by Margaret B. Douglas, seconded by Charles W. Orndoff, Sr., Carolyn L. Marker was reappointed to 458 the Extension Advisory Committee as the representative from Back Creek District, for a four year term. This term will expire on January 10, 2000. 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 JOHN R. RILEY. JR.. REAPPOINTED TO THE LORD FAIRFAX DISABILITY SERVICES BOARD Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., John R. Riley, Jr., countyadministra- tor, was reappointed to the Lord Fairfax Disability Services Board for a three year term. This term will expire on January 31, 1999. 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 GEORGE L. ROMINE REAPPOINTED. MEMBER-AT-LARGE. COUNTY PLANNING COMMISSION Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, George L. Romine was reappointed as a member-at-large to the county planning commission for a four year term. This appointment will expire on January 13, 2000. 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 MARJORIE H. COPENHAVER. BACK CREEK DISTRICT. REAPPOINTED TO THE PLANNING COMMISSION Upon motion made by Margaret B. Douglas, seconded by W. 459 Harrington Smith, Jr., Marjorie H. Copenhaver was reappointed to the planning commission from Back Creek District for a four year term. This appointment will expire on January 13, 2000. 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 TERRY STONE. GAINESBORO DISTRICT. REAPPOINTED TO THE PLANNING COMMISSION Upon motion made by Richard C. Shickle, seconded by W. Harrington Smith, Jr., Terry Stone was reappointed to the planning commission from Gainesboro District for a four year term. This appointment will expire on January 13, 2000. 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 JACQUES E. BILLMYER. BACK CREEK DISTRICT. REAPPOINTED TO THE TRANSPORTATION COMMITTEE Upon motion made by Margaret B. Douglas, seconded by Charles W. Orndoff, Sr., Jacques E. Billmyer was reappointed to the Transportation Committee from Back Creek District for a four year term. This appointment will expire on January 10, 2000. 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 JAKES W. GOLLADAY. JR.. REAPPOINTED TO THE WINCHESTER-FRED- ERICK ECONOMIC DEVELOPMENT COMMISSION Upon motion made by Charles W. Orndoff, Jr., seconded by Robert M. Sager, James W. Golladay, Jr., was reappointed to the winchester-Frederick Economic Development Commission for a three 460 year term. This term will expire on January 31, 1999. 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 FIRST BOARD MEETING OF FEBRUARY. 1996 SCHEDULED FOR FEBRUARY 13 Mr. Riley explained that he had a conflict with February 14 as he had to be out of town and requested that the meeting be changed to February 13, if possible. Upon motion made by Robert M. Sager, seconded by Richard C. Shickle, the first board meeting of the board of supervisors for the month of February will be held on February 13. 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 RABIES AWARENESS WEEK RESOLUTION (#022-96) - APPROVED UNDER CONSENT AGENDA WHEREAS, rabies is a fatal disease that has reached epidemic proportion in our area; and WHEREAS, the raccoon rabies epidemic that is now found in the entire eastern seaboard of the United States began in Virginia in our area; and WHEREAS, in addition to wild animals, domestic dogs and cats have been diagnosed with rabies in our area; and WHEREAS, cat rabies in Virginia in 1995 set a record with 27 rabid cats and during the same time period, there were 4 rabid dogs each year; and WHEREAS, nine cases of human rabies were diagnosed in 1995; and WHEREAS, the total number of rabid animals in Virginia for 1995 was 458 and each year there is a continued increase in animal bites being reported as well as the number of animals testing positive in our area; and WHEREAS, it is important that the public be made aware of this fatal disease and that appropriate preventive measures be taken; and 461 WHEREAS, public education as to vaccinations, avoiding wild or sick animals, not adopting wild animals as pets are the best protective measures we have. NOW, THEREFORE, BE IT RESOLVED, that the Board of - supervisors does hereby designate the week of January 15-20 as Rabies Awareness Week. RESOLVED, this 10th day of January, 1996. COUNTY TREASURER. C. WILLIAM ORNDOFF. .JR.. ADDRESSED THE BOARD RE: BILLING OF TAXES - PAST DUE NOTICES Mr. Orndoff appeared before the board to address his current method of tax billing, as well as past due notices, and explain a system that he feels would be more effective. He explained that the general layout would be similar for all notices sent for personal property, real estate, street lights, sanitary district, landfill, business licenses, etc. In addi- tion he would have the flexibility to change the information on the back of a bill since this is being printed at the time the bill is generated. He would be able to increase the number of items on personal property bills to 21 versus the current 8 to 10, which will also help to reduce postage costs. He is also looking into bar COding to help further reduce postage costs in the future. He further explained that the mail center equipment needed to implement this process would be $21,500 with an additional $13,000 for 3 laser printers. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the above request of the Treasurer for an expenditure of $21,500 for mail center equipment and an addi- tional $13,000 for three laser printers 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 REQUEST TO RESCIND BOARD ACTION REGARDING CERTAIN CONSTITU- TIONAL OFFICERS' SUPPLEMENTS - APPROVED Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the following board action of August 11, 1993 was rescinded: 462 "Wherein the County Sheriff and Treasurer supplements paid by the county would remain as they are for the present time, however, if this individual is reelected in the next election, or whomever their successor might be, their salary from the state compensation Board is all they will receive and the current supplement that is being paid by the county will cease". 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 Mr. Shickle asked for an explanation as to how this all came about, stating that he supports the supplement and does not understand why this action was taken originally. PUBLIC HEARING DATE SCHEDULED FOR PLANNING COMMISSION ITEMS Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, February 13, 1996 was scheduled as the public hearing date for Rezoning Application #006-95 of Woodside Estates. 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 ADMINISTRATOR PRESENTS UPDATE ON FUNCTIONAL CONSOLIDATION OF CERTAIN COUNTY OFFICES Mr. Riley explained to the board that when quotes were requested for a cost figure to study certain county and school board departments for possible consolidation, the prices ranged any where from $32,000 to $50,000 for a complete study. He suggested to the board that this could be done in-house, therefore, he would at this time request 463 input from the board concerning this issue. He explained the departments involved at this time would be Buildings, Grounds and Maintenance as well as the Data Processing Department. Mr. Sager asked if the Personnel Department was scheduled as one of the first to be looked at also. Mr. Riley replied that it was not scheduled that way, however if it was the desire of the board for Personnel to be included in the first group of departments to be evaluated, then it would be included. Upon motion made by Richard C. Shickle, seconded by Charles w. Orndoff, Sr., that the action taken by the board at an earlier meeting authorizing the expenditure of $5,000 in order that this study to be conducted be rescinded at this time, and further, that this study be done in-house to include the depart- ments of Maintenance, Buildings & Grounds, and Data Processing. Mr. Sager stated that he could understand Data Processing, but he strongly feels that Personnel needs to be one of the first to be looked at. 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 ADMINISTRATOR UPDATES BOARD ON CURRENT STATUS OF CONSTRUCTION OF NEW COUNTY ADMINISTRATION BUILDING Mr. Riley explained to the board that the construction project is on schedule and there have been no change orders issued to date. SUPPLEMENTAL APPROPRIATION REOUEST APPROVED LANDFILL ACOUISITION - Mr. Riley explained that he was requesting a landfill supplemental appropriation in the amount of $555,000 to purchase the Ryland S. and Rebecca L. Carper property. The board of supervisors approved the purchase of this property and the appropriation of the funds in regular session on April 12, 1995, 464 and this request represents a carry forward of funds from Fiscal Year 1995-1996 to 1996-1997. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above supplemental appropriation request in the amount of $555,000 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. - Nay DECLARATION OF LOCAL EMERGENCY DUE TO HEAVY SNOWFALL - APPROVED Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the following resolution was approved: WHEREAS, the Board of Supervisors of the County of Frederick does hereby find that: 1. Due to heavy snowfall, the county of Frederick is facing dangerous conditions; 2. Conditions exist which can create extreme peril and undue hardship for the citizens of Frederick county and necessitates the proclamation of a State of Emergency; NOW, THEREFORE, it is hereby proclaimed that an emergency now exists throughout Frederick County; and IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said emergency, the powers, functions, and duties of the Director of Emergency Services and the Emergency Service Organizations of the County of Frederick shall be those prescribed by State Law and the ordinances, resolutions, and approved plans of the County of Frederick in order to mitigate the effects of said emergency. The above declaration 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 ATTORNEY TO BE INCLUDED IN ALL EXECUTIVE SESSIONS HELD BY THE FREDERICK COUNTY BOARD OF SUPERVISORS Mr. Orndoff explained that he wanted to be sure that Mr. Lawrence R. Ambrogi, county attorney, be included in all executive sessions held by this board. 465 The question was raised, if the time should occur that Mr. Ambrogi was not present at a meeting and there was a need for an executive session would the executive still be held. Mr. Orndoff explained that his only concern was, based on what had transpired during Mr. Dick's term as Chairman, and his decision not to have Mr. Ambrogi present at some of the execu- tive sessions, he wanted to be sure this did not happen under this administration. He further explained that if for some reason Mr. Ambrogi was not present and there was a need for an executive session then the executive session would have to be held if the rest of the board members felt it was necessary. Upon motion made by Charles W. Orndoff, Sr., seconded by Richard C. Shickle, that Lawrence R. Ambrogi is to be present at all executive sessions if he is in attendance at the board meeting. 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: PUBLIC HEARINGS: PUBLIC HEARING - REZONING APPLICATION 1008-94 OF JAMES CARROLL TO REZONE 2.81 ACRES FROM RP (RESIDENTIAL PERFORMANCE) TO B2 (BUSINESS GENERAL) WITH PROFFERS AS AMENDED SUBSEOUENT TO THE PLANNING COMMISSION MEETING OF DECEMBER 6. 1995. (PULLED FROM THE AGENDA). PUBLIC HEARING - ISTEA (INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT) ENHANCEMENT PROJECT FUNDING PROPOSALS: TO ESTABLISH AN ISTEA ENHANCEMENT PROGRAM PROJECT FOR FREDERICK COUNTY TO ASSIST WITH THE ACQUISITION OF THE THIRD BATTLE OF WINCHESTER SITE. THIS ACQUISITION WILL SECURE ONE OF THE KEY SITES OF THE HISTORIC OPEOUON BATTLE- FIELD. AND WILL INITIATE PHASE II OF THE CIVIL WAR BATTLE- FIELD TOUR NETWORK PLAN FOR FREDERICK COUNTY AND THE CITY OF WINCHESTER. - APPROVED Mr. Watkins, planning director, presented the information on the ISTEA projects to the board. There was no public input. 466 Upon motion made by Robert M. Sager, seconded by Charles W. orndoff, Sr., the above ISTEA Enhancement Program Project was approved as presented by Mr. Watkins. 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 PUBLIC HEARING - TO PARTICIPATE IN THE VIRGINIA'S CIVIL WAR TRAIL ISTEA ENHANCEMENT PROGRAM PROJECT. THIS PROJECT IS DESIGNED TO ENHANCE MARKETING. PROMOTE TOURISM. AND PROVIDE SIGNAGE SYSTEMS FOR CIVIL WAR SITES WITHIN FREDERICK COUNTY AND THE CITY OF WINCHESTER. AS WELL AS THROUGHOUT THE COMMONWEALTH APPROVED Mr. Watkins presented this information on the Virginia's civil War Trail ISTEA program to the board. There was no public input. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the Virginia Civil War Trail ISTEA enhancement program as noted above was approved as presented b Mr. Watkins. 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 ROAD RESOLUTIONS - APPROVED UNDER CONSENT AGENDA Carlisle Heights, Section III and Westside station, Section II were approved. End of Planning Commission Business. PARKS AND RECREATION COMMISSION COMMITTEE REPORT APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on December 20, 1995. Members present were: Charles Sandy, Timothy Hockman, Cheryl Swartz, Robert Roper, Jimmie Ellington. Submitted for Board Information Onlv: 1. Revised Field Use Policy - Mr. Hockman moved to accept the revised Field Use Policy, effective July 1, 1997, seconded by Mr. Roper, carried unanimously. (4-0) 2. FY 1996-97 Budget Request - Mr. Roper moved to accept the Parks and Recreation Commission's FY 1996-97 467 budget recommendation, seconded by Mr. Hockman, carried unanimously (4-0). BOARD OF SUPERVISORS COMMENTS Mr. smith welcomed the new board members stating that he was looking forward to working with everyone. Mr. Longerbeam stated that he was looking forward to the next four years, as well as a lot of worth while discussions. 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. ---- rvisors