February 07, 1995 Regular Meeting
194
A Regular Meeting of the Frederick county Board of
Supervisors was held on February 7, 1995, at 7:15 P.M., in
the Board of Supervisor's Meeting Room, Frederick County
Courthouse, Loudoun Street Mall, Winchester, virginia.
PRESENT: Richard G. Dick, Chairman; W. Harrington Smith,
Jr., Vice-Chairman; James L. Longerbeam; Robert M. Sager; Jimmi
K. Ellington; 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 time for discussion of a proposal from
the county health department with regard to expansion of their
current offices.
Mr. Orndoff asked for time under "county officials".
Upon motion made by W. Harrington Smith, Jr., seconded by
Robert M. Sager, the agenda was adopted as amended by the
following recorded vote:
Richard G. Dick - Aye
W. Harrington Smith, Jr. - Aye
James L. Longerbeam - Aye
Robert M. Sager - Aye
Jimmie K. Ellington - Aye
Charles W. Orndoff, Sr. - Aye
CONSENT AGENDA
Mr. Riley suggested that the following tabs be
approved under consent agenda:
1. Scheduling of public hearing date for Planning
Commission items - Tab C;
2. Parks and Recreation Commission Report - Tab E.
Upon motion made by Robert M. Sager, seconded by
Charles W. Orndoff, Sr., the consent agenda was approved as
noted above by the following recorded vote:
Richard G. Dick - Aye
W. Harrington Smith, Jr. - Aye
James L. Longerbeam - Aye
Robert M. Sager - Aye
Jimmie R. Ellinqton - Aye
Charles W. Orndoff, Sr. - Aye
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CITIZEN COMMENTS
Mr. Kenneth Y. stiles, stonewall District, appeared before
the board and noted that during the past several months it has
been in the press that several members of the board have been
highly critical of the Governor's budget, and his comment to
this is that people that live in glass houses should not throw
stones. The budget that the Finance Committee has endorsed for
the county is a deficit budget of $3.7 million dollars for next
year for Frederick County, which means that next year at budget
time the board is going to have to find $3.7 million dollars in
revenue, just to stand still. In addition to this the board is
going to have to come up with $600,000 for payment on county
offices and the lawyers building. He further stated that based
on figures provided for school debt service for next year, under
the current proposed school building program, and if the new
elementary school is opened on Route 7 that will mean an addi-
tional million dollars at least. with all of this added together
the board will be looking at a budget deficit next spring of $7
million just to stand still, and he felt this would amount to a
28 to 30 cent real estate tax increase. He felt these figures
need serious consideration of the board.
APPROVAL OF MINUTES
Upon motion made by Robert M. Sager, seconded by Charles W.
Orndoff, Sr., the minutes of the regular meeting of December 14,
1994, and the Special meeting of December 20, 1994, were ap-
proved as submitted by the following recorded vote:
Richard G. Dick - Aye
W. Harrington Smith, Jr. - Aye
James L. Longerbeam - Aye
Robert M. Sager - Aye
Jimmie K. Ellington - Aye
Charles W. Orndoff, Sr. - Aye
GARY T. KEYSER. SUPERINTENDENT. WHITE POST CORRECTIONAL
UNIT. ADDRESSED THE BOARD
Mr. Keyser, superintendent of the White Post Correctional
Unit, appeared before the board and apologized for missing the
last board meeting. He explained to the board members that
there is eon8truction currently under way at the facility in
White Post, and once this is completed he will have
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approximately 150 prisoners who will be considered minor
offenders and he plans to make them available for public
service. There will be an officer with the prisoners at
all times, and if the schedule goes as planned the facility
will be opened by June 1. He wants the County of Frederick
to use these prisoners if they can be of any service to the
county.
DAVID M. ZIEGLER. DIRECTOR. NORTHWESTERN COMMUNITY
SERVICES ADDRESSED THE BOARD
David M. ziegler, director, Northwestern Community
Services, appeared before the board to give his annual
report of services provided to the area by Northwestern and
to explain the increases in patients they have been seeing.
He stated that everyone is looking very closely at what the
General Assembly and the Governor is saying as their
programs will be greatly affected by any less funds coming
from the state, as this could only mean their agency would
be providing less service to the area citizens.
JEFFREY D. ZIRKLE APPOINTED TO THE GYPSY MOTH COMMITTEE
Upon motion made by James L. Longerbeam, seconded by
Robert M. Sager, Jeffrey Zirkle, was appointed to the
Gypsy Moth Committee as a Member-At-Large, filling the
unexpired term of Carolyn Lewis who resigned. This term
will expire on January 13, 1998.
The above motion was approved by the following recorded
vote:
Richard G. Dick - Aye
W. Harrington Smith, Jr. - Aye
James L. Longerbeam - Aye
Robert M. Sager - Aye
Jimmie K. Ellington - Aye
Charles W. Orndoff, Sr. - Aye
RICHARD C. OURS APPOINTED TO COUNTY PLANNING COMMISSION
FILL UNEXPIRED TERM OF JIM GOLLADAY.
Upon motion made by Robert M. Sager, seconded by W.
Harrington smith, Jr., Richard C. Ours was appointed to the
county Planning Commission as a representative from Opequon
District, to fill the unexpired term of Jim Golladay who re-
signed. This term will commence on February 7, 1995 and termi-
nate on April 7, 1997.
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The above motion was approved by the following recorded
vote:
Richard G. Dick - Aye
w. Harrington Smith, Jr. - Aye
James L. Longerbeam - Aye
Robert M. Sager - Aye
Jimmie K. Ellington - Aye
Charles W. Orndoff, Sr. - Aye
WALTER II. OUINN APPOINTED TO SHENANDOAH AREA AGENCY ON
AGING TO FILL THE UHEXPIRRIl TERM: OF DOROTHY GILLIAM:
Upon motion made by Robert M. Sager, seconded by James L.
Longerbeam, Walter Quinn was appointed to the Shenandoah Area
Agency on Aging as a representative from Frederick County, to
fill the unexpired term of Dorothy Gilliam who resigned. This
term will commence on February 7, 1995 and expire on September
30, 1995.
The above motion was approved by the following recorded
vote:
Richard G. Dick - Aye
W. Harrington Smith, Jr. - Aye
James L. Longerbeam - Aye
Robert M. Sager - Aye
Jimmie K. Ellington - Aye
Charles W. Orndoff, Sr. - Aye
DR. LAWRENCE W. FAGG APPOINTED TO AGRICULTURAL DISTRICT
ADVISORY COMKITTEE
Upon motion made by Robert M. Sager, seconded by W.
Harrington Smith, Jr., Dr. Lawrence W. Fagg was appointed to the
Agricultural District Advisory Committee as a representative
from Opequon District. Members currently serve on an as needed
basis, therefore, there is no set expiration of term.
The above motion was approved by the following recorded
vote:
Richard G. Dick - Aye
W. Harrington Smith, Jr. - Aye
James L. Longerbeam - Aye
Robert M. Sager - Aye
Jimmie K. Ellington - Aye
Charles W. Orndoff, Sr. - Aye
JIM: GOLLADAY APPOINTED TO ECONOIIIC DEVELOPMENT COMKISSION
AS COUNTY REPRESENTATIVE AS A RESULT OF THE RECENT CITY-
COUNTY AGREEMENTS
Upon motion made by W. Harrington Smith, Jr., seconded by
James L. Longerbeam, Jim Golladay was appointed to serve as a
198
county representative on the Economic Development
Commission for a one year term, said term to expire on
January 31, 1996.
The above motion was approved by the following recorded
vote:
Richard G. Dick - Aye
w. Harrington smith, Jr. - Aye
James L. Longerbeam - Aye
Robert M. Sager - Aye
Jimmie K. Ellington - Aye
Charles W. orndoff, Sr. - Aye
DOUG RINKER. APPOINTED TO ECONOMIC DEVELOPMENT
COMMISSION AS COUNTY REPRESENTATIVE AS A RESULT OF THE
RECENT CITY-C0UNTY AGREEMENT
Upon motion made by W. Harrington Smith, Jr., seconded
by Charles W. orndoff, Sr., Doug Rinker was appointed to
the Economic Development Commission as a county
representative for a two year term, said term to expire on
January 31, 1997.
The above motion was approved by the following recorded
vote:
Richard G. Dick - Aye
W. Harrington Smith, Jr. - Aye
James L. Longerbeam - Aye
Robert M. Sager - Aye
Jimmie K. Ellington - Aye
Charles W. Orndoff, Sr. - Aye
POLICY CONCERNING WHO KAY SERVE ON SHAWNERT J\ND
SANITARY DISTRICT ADVISORY COUNCIL IS AMENDED
Mr. Longerbeam presented this request and information
to the board noting that he has discussed this with the
advisory council as well as other citizens living in
Shawnee land and feels this amendment is the most feasible
and fairest for everyone involved. He explained that there
will be no more than two citizens, who are non residents,
serving on this council at anyone time. It is clearly
stated and understood that these individuals must have all
their taxes and sanitary district fees paid in full and up
to date.
Mr. Smith noted that he voted against this the last time i
was brought before the board, and in rethinking it, he could
vote for one member, but no more.
Mr. Smith further asked how all of this surfaced to start
with.
199
Mr. Ludwig explained that some of the property owners,
living elsewhere, felt it was unfair for them as they had no
representation on the authority.
Mr. Longerbeam did explain that if any member misses more
than three meetings they cannot continue to serve.
Upon motion made by James L. Longerbeam, seconded by Robert
M. Sager, the above motion was approved by the following record-
ed vote:
Richard G. Dick - Aye
w. Harrington smith, Jr. - Aye
James L. Longerbeam - Aye
Robert M. Sager - Aye
Jimmie K. Ellington - Aye
Charles W. Orndoff, Sr. - Aye
HEALTH DEPAR'I'MENT REQUEST FOR ADDITIONAL SPACE - DISCUSSED
Mr. Riley stated that he had received a request from the
local health department for additional space and he was forward-
ing the information received from the health department on to
the board for their review and comment.
Mr. Dick asked if the requested space would be sufficient
and what was planned for the environmental section of this
department.
Mr. Sager asked if this would coincide with the new build-
ing that is being built.
Mr. Riley replied yes, but only the environmental section
is planned for the new building that is to be built downtown.
Following board discussion this was referred to the Finance
Committee for their review and recommendation back to the board.
Mr. Orndoff asked about the status of the Capital Improve-
ment Plan and when it would be coming to the board.
Mr. Riley replied that this has usually been done in
conjunction with the annual budget.
Mr. Longerbeam stated that he felt it should remain that
way.
Mr. Orndoff moved to have it come to the board at the first
meeting in March.
There was no second to this motion.
PUBLIC HEARING DATE SCHEDULED FOR PLANNING COMMISSION ITEMS
- APPROVED UNDER CONSENT AGENDA
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PLANNING COMMISSION BUSINESS:
Public Hearina:
ORDINANCE AMENDMENT
AN AMENDMENT TO THE FREDERICK COUNTY CODE. MlJUlTER 165.
ZONING: ARTICLE. BUSINESS AND INDUSTRIAL DISTRICTS: TO
W TRUCK RENTAL AND LEASING C LIT IN THE M-1 LIG
INDUSTRIAL DISTRICT - APPROVED
AN AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 165.
ZONING: ARTICLE IV. SUPPLEMENTARY USE REGULATIONS. TO
CREATE PERFORMANCE STANDARDS FOR TRUCK FACILITIES THAT ARE
LOCATED IN THE M-1. LIGHT INDUSTRIAL DISTRICT - APPROVED
Mr. Evan wyatt, planner II, presented this request and
information to the board.
Mr. Scott Shriver, of Penske TrUCking, appeared before the
board to answer any questions they might have.
There was no public input.
Upon motion made by Robert M. Sager, seconded by W.
Harrington Smith, Jr., the above amendment to the Frederick
County Code was approved as presented by the following recorded
vote:
Richard G. Dick - Aye
w. Harrington Smith, Jr. - Aye
James L. Longerbeam - Aye
Robert M. Sager - Aye
Jimmie K. Ellington - Aye
Charles w. Orndoff, Sr. - Aye
PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER
CONSENT AGENDA
The Parks and Recreation Commission met on January 24,
1995. Members present were: Robert Roper, Charles Sandy,
Timothy Hockman, William Eyles, Robert Hartman.
Submitted for Board Information only:
1.
Chairman
(4-0) .
The Commission unanimously elected Mr. Charles sandy,
and Mr. Timothy Hockman, Vice-Chairman during 1995
2.
month in
seconded
Mr. Hartman moved to meet the third Tuesday of
the Board of supervisors Meeting Room, 9 Court
by Mr. sandy, carried unanimously (5-0).
each
Square,
3. Mr. Hartman moved to ask the Finance Committee to
reconsider funding of playground equipment at Clearbrook park i
the FY 1995-96 budget request, seconded by Mr. Eyles, carried
unanimously (5-0).
4. Mr. Sandy moved that the staff initiate a joint facili
ty use agreement with the School board for use of the gymnasium
at the proposed two new elementary schools, seconded by Mr.
Hartman, carried unanimously (5-0).
DEVELOPMENT REVtEW AND REGULATIONS SUBCOMMITTEE - RECEIVED
AS INFORMATION
2011
Mr. Wyatt presented this information to the board.
Mr. Dick referred to Cracker Barrel and their decision to
come to Frederick County. If they had not been able to have the
sign they currently have they would not have located their
restaurant in the county. He felt there are were times when the
signs could be taller, not sure the process the county currently
has on the books is really working.
Mr. Ellington stated that he did not feel the Chamber of
Commerce needed to be involved in this decision, as he is only
referring to the signs along the interstate.
RFP' S FOR NEW COUNTY OFFICE BUILDING DISCUSSED WITH BOARD
Mr. Riley asked the board members if they would review the
RFP's for the new county office building that they have just
recently received, and get back to him with their comments by
next Tuesday, the 14th.
Mr. Longerbeam asked how the space needs were done.
Mr. Riley explained that the needs assessment that was done
a few years ago was reviewed and amended where needed.
Mr. Longerbeam stated that the school board has gotten very
comfortable with their needs, and he wants this conveyed to the
architects.
BOARD OF SUPERVISOR COMMENTS
Mr. Ellington noted that Carmen Rio has resigned from the
Parks and Recreation Commission and he will be nominating
someone in the near future to fill this vacancy
Mr. Dick stated that he felt with the amount of money the
board is looking at taking from reserve balance he felt the
board needed to have a worksession.
Mr. Longerbeam stated that he felt the county finance
committee should also look at the entire budget one more time.
Following board discussion it was decided the board would
have a budget worksession on February 22, 1995, at 3:00 P.M.
UPON MOTION MADE BY ROBERT M. SAGER, SECONDED BY CHARLES W.
ORNDOFF, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS
BOARD, THIS MEETING IS HEREBY ADJOURHED.
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