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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 195 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 196 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. 197 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 200 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. h,.,J J ? , .