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HomeMy WebLinkAboutJanuary 26, 1994 Regular Meeting 544 A Regular Meeting of the Frederick County Board of Supervi- sors was held on January 26, 1994 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; Jimmie K. Ellington and Charles W. Orndoff, Sr. CALL TO ORDER The Chairman called the meeting to order. IBVOCATION The invocation was delivered by Reverend Harry Renner of the Laurel Hill-Chestnut Grove United Methodist Charge. ADOPTION OF AGENDA Mr. Riley stated that he had three items he would like the board to add to the agenda: 1. Personnel Committee Report. 2. Finance Committee Addendum. 3. Discussion of sticker applications. Mr. Smith stated that he had a presentation for employee of month. Mr. Dick requested time for discussion of funding agree- ments with the City of Winchester. 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 There were no items for approval under the consent agenda. CITIZEN COMMENT No one appeared under citizen comment. IJOLLl ANJf" ~E;JU.JN NA~Q WJ,QJU Q~ ""mi. HORTH FOR JARtJARY. 1994 545 Mr. Harrington smith asked Holly Ann Chamberlin, employee of the Animal Shelter, to come forward at this time. Mr. smith presented to Ms. Chamberlin the county employee of the month award for January. APPROVAL OF MINUTES Mr. Dick requested the minutes be amended to show that Mrs. Sherwood was present at the meeting at his invitation, and that her name should not be listed with the other board members. Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the minutes of the special meeting of December 31, 1993 were approved 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 J. ROBERT RUSSELL. MARGARET B. DOUGLAS AND JOHN VENSKOSKE REAPPOINTED/APPOINTED TO EXTENSION ADVISORY COMMITTEE Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, J. Robert Russell, Margaret B. Douglas and John Venskoske were reappointed/appointed to the Extension Advisory Committee, said term to commence on January 26, 1994 and termi- nate 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 JACOUES E. BILLMYER REAPPOINTED TO TRANSPORTATION COMMITTEE FROM BACK CREEK DISTRICT Upon motion made by James L. Longerbeam, seconded by W. Harrington smith, Jr., Jacques E. Billmyer was reappointed to the Transportation Committee from Back Creek District, said term to commence on January 26, 1994 and terminate on January 13, 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 546 Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye ELMER H. LAUCK REAPPOINTED TO TRANSPORTATION COMMITTEE FROM GAINESBORO DISTRICT Upon motion made by Jimmie K. Ellington, seconded by Chi' r les W. Orndoff, Sr., Elmer H. Lauck was reappointed to the Tr~nsportation Committee from Gainesboro District, said term to CO)f1menCe on January 26, 1994 and terminate on January 13, 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 ROBERT C. LEBECK. CAROLYN S. LEWIS. AND MARGARETTE M. SMITH REAPPOINTED TO THE GYPSY MOTH COMMITTEE Mr. Ellington stated that he had contacted these individu- al~ about their continued service on this committee and all had agreed to continue serving. He asked if this would be agreeable to the board as he realized they were all citizens of Gainesboro Dif,trict. It was noted that this is the area of the county where the first problems with gypsy moth were encountered and tht,s the reason behind three citizens from this district. The board agreed to this, noting that perhaps one could be a member at large if necessary. Upon motion made by Jimmie K. Ellington, seconded by W. Harrington smith, Jr., Robert C. Lebeck and Margarette Smith were appointed for two years to the Gypsy Moth Committee, said term to commence on January 26, 1994 and terminate on January 12, 1996. Mrs. Carolyn S. Lewis will serve as member-at-1arge, sald term to commence on January 26, 1994, and terminate on January 12, 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. Ellinqton - Aye Charles W. Orndoff, Sr. - Aye 547 GRRAT Jl CROWELL REAPPOINTED TO GYPSY IIOTH COIUIITTEE AS KEKBER AT LARGE Upon motion made by Jimmie K. Ellington, seconded by W. Harrington Smith, Jr., Gerald Crowell was reappointed to the Gypsy Moth Committee. Mr. Crowell has been a member of this committee due to his employment with the Department of Forestry. 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 JOYCE CARDEN REAPPOINTED TO EXTENSION ADVISORY COMIIITTEE FROII GAINESBORO DISTRICT Upon motion made by Jimmie K. Ellington, seconded by Charles W. Orndoff, Sr., Joyce Carden was reappointed to the Extension Advisory Committee from Gainesboro District, said term to terminate on January 13, 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 RALPH WAKEKAN REAPPOINTED TO BOARD OF ZONING APP~T~C:; FROII SHAWNEE MAGISTERIAL DISTRICT BY THE CIRCUIT COURT Mr. Smith noted that correspondence had been received from the 26th Circuit Court Judge that Ralph Wakeman had been reap- pointed to serve on the County Board of Zoning Appeals, said term to commence on January 1, 1994 and terminate on December 31, 1998. BOARD DISCUSSES THE POSSIBILITIES OF IMPLEMENTING PAYKENT PLAN FOR DELINOUENT TAXPAYERS IN ORDER THAT THEY BE ALLOWED TO PURCHASE THEIR COUNTY DECAL. THIS WOULD BE AGREED UPON IN A WRITTEN AGREEKENT WITH THE TREASURER TO BE ADVER- TISED FOR FEBRUARY 23. 1994 BOARD MEETING Mr. Riley explained that Mr. Ellington will not be present at the February 23rd board meeting thus his reason for request- ing this matter be discussed by the board at this time. Over the years there have been certain taxpayers that have been unable to pay their taxes in full by the deadline. 548 Th<Tefore they have not been allowed to purchase their county st;cker, as this is a stipulation. Some of these individuals have been cited for not having a county sticker. The Treasurer har suggested in an effort to assist these individuals who have bern set up on a payment plan to pay their taxes, that as long as they are making timely payments, as they have agreed to do, th,. t perhaps the county would agree to sell them their county sticker. Mr. Orndoff stated that he had some concerns about this and th, possibilities of this program being taken advantage of. Mr. Bill Orndoff, treasurer, appeared before the board to discuss this plan. He explained that in his discussions this date with Mr. Ambrogi, county attorney, the drafting of this oroinance is more complicated then it appears, and the criteria nef'ds to be looked into. He further stated that he felt he had approximately a dozen hardship cases that this would apply to. He did explain that if the individual reneges on this agreement, thE' decal would be confiscated. Mr. Riley asked the board if they felt comfortable with thlS being taken to the board at the meeting on February 23. The Treasurer will draft the ordinance. Mr. Longerbeam requested that the board be sent a copy of thr draft before the public hearing. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., approval was given for the drafting of an ordinance dealing with issuance of county stickers to certain deJinquent taxpayers, per written agreement with the Treasurer, waf' 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 DISCUSSION OF CURRENT CITY-COUNTY AGREEMENTS Mr. Riley explained to the board that he had responded to correspondence received from Mr. Daley in January referencing th€ joint agreements. He explained the areas addressed in the letter with regard to usage, population, etc., and outlined the 549 areas that he felt needed immediate attention and could be finalized within thirty days, and those agreements that would take longer should be finalized within the next sixty days. Mr. Dick stated that he had discussed this with Mayor Gary Chrisman, and they both agreed that this needed to be addressed as soon as possible, therefore he was asking Mr. Riley and Mr. Daley to sit down within the next ten days and get this matter resolved. He further stated that the county is currently in the process of budget deliberations and this matter needs to be resolved before the budget process is finalized. Mr. Riley explained that most of the agreements are in final stage, but some will take a little longer. Mr. Longerbeam stated that the county has certain fiscal agreements and he feels the payments need to be addressed and if these accounts are in arrears these payments need to be brought up to date. Mr. smith addressed one of the budgets wherein he noted that the City has only paid a small portion of what they had stated they would pay. Mr. Dick stated that the board will not negotiate the agreements at this meeting and that Mr. Riley has been directed to move forward on this within the next ten days. PLANNING COMMISSION BUSINESS: Public Hearina: CONDITIONAL USE PERMIT #012-93 OF MARIA S. YOST FOR A COTTAGE OCCUPATION - CERTIFIED PUBLIC ACCOUNTANT BUSINESS. THIS PROPERTY IS LOCATED FIFTEEN MILES FROM WINCHESTER. OFF OF NORTH FREDERICK PIKE (ROUTE 522Nl ON ROUTE 694. IN THE GAINESBORO DISTRICT. AND IS IDENTIFIED AS PIN 06-A-81A - APPROVED Mr. Wayne Miller, zoning administrator, presented this information to the board noting that staff and planning commis- sian recommended approval with conditions. There was no public comment. Ms. Yost was present on behalf of her request. Upon motion made by Jimmie K. Ellington, seconded by W. Harrington Smith, Jr. the above conditional use permit #012-93 was approved as presented by the following recorded vote: Richard G. Dick - Aye 550 W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye OTHER ITEMS: REQUEST FOR CONVERSION OF 2.0 ACRES OF SHERANDO PARK PROPERTY TO ACCOMMODATE THE RELOCATION OF WARRIOR ROAD APPROVED Mr. Kris Tierney, assistant planning director, presented th s information to the board and explained the resolution that wa:' being presented to the board for their approval. Upon motion made by Robert M. Sager, seconded by Charles W. Or! ,doff, Sr., the following resolution 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 WHEREAS, The Frederick county Comprehensive Policy Plan contains an Eastern Road Plan which lays out a network of co"lector roads for eastern Frederick County designed to allevi- at!' overloading of certain existing roads and accommodate anLicipated future travel demand; and, WHEREAS, One of the essential elements of the Eastern Road PI;,n is a Collector Road running north/south and connecting Ronte 277 with Route 642 and areas to the north, said road being knnwn as Warrior Road; and, WHEREAS, A critical segment of this road must travel th)ough the western portion of Sherando Park in order to align WiLh portions of the road which have already been planned and or constructed; and, WHEREAS, The Board of Supervisors is aware that the utili- za'ion of a portion of Sherando Park requires the approval of th. State Department of Conservation and Recreation in accor- daJice with the requirements of the National Park Service Land and Water Conservation Fund Grants Manual; NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby request that the Virginia Department of Conservation and Recreation approve the request for conversion of 2.9 acres of Sherando park as described in the accompanying report titled, ProDosed Boundarv Line Adiustment to Shcrando Park. ACTIVITY REPORT - APPROVED Mr. Dick noted the recent fire that was at the airport and he thanked all county staff as well as the many other volunteers who assisted in bringing this fire under control. Mr. Ellington stated that he felt the firefighters did an outstanding job under very adverse circumstances. 551 FINANCE COMMITTEE REPORT AND RECOMMENDATIONS - ADDENDUII The Finance Committee met on Wednesday, January 26, 1994 at 8:00 a.m. Present were: Committee Chairman W. Harrington Smith, Jr.; Committee members James L. Longerbeam, John Good, Jr., Kitty NiCholas, and Henry Beuttner. Also present were John R. Riley, Jr., Cheryl B. Shiffler, Jennifer L. Place, and C. William orndoff, Jr. The agenda items are as follows: The Airnort ManaGer Reauests an AirDort CaDita1 Fund SUnn1ementa1 ADDronriation in the amount of $2.324.000. This amount represents carry-forward funds from FY 92-93. The Airnort is a1so Reauestina a BudGet Transfer of $1.558.000. The FY 93-94 budget allocation was budgeted to taxiway relocation and should have been allocated to several different projects. No additional local funds are necessary. The committee recommends approval. Upon motion made by W. Harrington Smith, Jr., seconded by James L. Longerbeam, the above request 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 The Airnort ManaGer reauests a Genera1 Fund Sunn1ementa1 ADDronriation in the Amount of $847.590. This amount is needed to meet funding requirements for the Taxiway Reloca- tion Project. The additional local dollars needed equals $42,379.50. The committee recommends approval. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above request was approved with the under- standing that all required local contributions be paid in full and up to date. 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 FINANCE COMMITTEE REPORT The Finance Committee met in the Personnel Conference Room on Wednesday, January 19, 1994 at 8:00 a.m. Present were: Committee Chairman W. Harrington smith, Jr.; Committee members James L. Longerbeam, John Good, Jr., Kitty NiCholas, and Henry Beuttner. Also present were John R. Riley, Jr., Cheryl B. Shiffler, Jennifer L. Place, C. William Orndoff, Jr., Board of Supervisors Chairman Richard G. Dick, and Sheriff Robert T. Williamson. The agenda items are as follows: 552 The Airnort Manaaer reauests an Airnort CaDita1 Fund sUDD1e- menta1 apDropriation in the amount of $2.324.000. This amount represents carry-forward funds from FY 92-93. The airport is also requesting a BudGet transfer of $1.558.000. The FY 93-94 budget allocation was budgeted to taxiway relocation and should have been allocated to several differ- ent projects. No additional local funds are necessary. This item has been postponed to a future date. (This was approved under the Finance Addendma) The Airport Manaaer reauests a Genera1 Fund sUDD1ementa1 aDDroDriation in the amount of $847.590. This amount is needed to meet funding requirements for the Taxiway Reloca- tion Project. The additional local dollars needed equals $42,379.50. This item has been postponed to a future date. (This was approved under the Finance Addendum) The Countv Reaistrar reauests a Genera1 Fund sUDD1ementa1 aDPropriation in the amount of $9.385. This amount was not included in the 93-94 budget and is needed to cover the cost of a Primary election to be held on June 15, 1994. Local funds are necessary. The committee recommends approval. Upon motion made by W. Harrington Smith, Jr., seconded by Rol 'ert M. Sager, the above request was approved by the following rei ,orded 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 The Director of Pub1ic Works reauests a Genera1 Fund sUPP1e- menta1 aPDropriation in the amount of $4.272.87. This amount reflects the increase in revenue expected from Clarke County and the City of Winchester for the monthly lease of specific compactor sites throughout Frederick County. This amount represents additional local revenue. No additional local funds are necessary. The committee recommends approv- al. Upon motion made by W. Harrington Smith, Jr., seconded by Jal"es L. Longerbeam, the above request was approved by the fo.lowing 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 Upon motion made by W. Harrington Smith, Jr., seconded by Rol,ert M. Sager, items number 5 through 10 are hereby 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 553 The Director of Public Works requests a Budaet transfer in the amount of $9.725.50. This transfer is to come from linE item 4201-7900-002 Warrior Road in the General Engineering budget (4201). The transfer is to go to the Animal Shelter budget (4305) in line items 4305-3004-003 Repair & Maint. . Bldg. & Grounds ($6,300.00) and 4305-7001-000 Machinery an, Equipment ($3,425.50). No additional local funds are necessary. The committee recommends approval. The County Administrator requests a General Fund sUDDlemen- tal a~DroDriation in the amount of $9.400. This amount is needed to purchase 400 more copies of "Frederick County, Virginia, from the Past to the Present." Local funds are necessary. The committee recommends approval. The social Services Director requests a General Fund Budaet transfer in the amount of $7.095. This is to correct a coding error. No additional local funds are necessary. The committee recommends approval. The Director of Court services requests a General Fund sUDplemental approDriation in the amount of $16.500. This amount represents additional revenues from the Department 01 Corrections. No additional local funds are necessary. The committee recommends approval. The Director of Court Services requests a Division of Court Services sUDDlemental aDDroDriation in the amount of $26.100. This amount represents a FY 92-93 carryforward. No additional local funds are necessary. The committee recommends approval. The Sheriff requests a General Fund sUDplemental a1>DroDria- tion in the amount of $5.490. This amount is needed to purchase automation equipment. No additional local funds are necessary. The committee recommends approval. PERSONNEL COMMI'I"I'EE REPORT The Personnel committee met on Tuesday, January 25, 1994, with the following members present: James L. Longerbeam, Jimmie K. Ellington, Leonard D. Newcome, Robert S. Gordanier, Tonie M. Wallace, John R. Riley, Jr., and Ann K. Kelican. The Committee submits the following report and recommenda- tions to the Board of Supervisors for consideration: Request From the Planning Director to Fill a Vacant Planner position: Mr. Watkins, planning director appeared before the Committee and requested approval to fill a vacant Planner position in his department. The Committee recommends approval. Upon motion made by James L. Longerbeam, seconded by W. Harrington smith, Jr., the above request 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 Reauest From the Plannina Director to Fill a Vacant Clerk TYPist position: Planning Director Robert Watkins appeared before the Committee and requested approval to fill a vacant Clerk Typist position in his department. The Committee recommends approval. 554 Upon motion made by James L. Longerbeam, seconded by W. Harrington smith, Jr., the above request was approved by the fo lowing 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 Request From Public Works Director to UDarade the Landfi11 SUDerintendent and Assistant SUDerintendent Positions: The Committee reviewed the attached request from Public Works director Ed Strawsnyder to upgrade the Landfill superinten- dent position to Landfill Manager and the Assistant Landfill Superintendent position to Operations Superintendent. The Committee recommends approval. Upon motion made by James L. Longerbeam, seconded by W. Harrington Smith, Jr., the above request was approved by the fOclowing 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 EmD10vee of the Month for Januarv 1994: The Committee selected Ms. Holly Chamberlin, animal caretaker at the Frederick county Animal Shelter, as Employee of the Month for January 1994. UPON MOTION MADE BY W. HARRINGTON SMITH, JR., SECONDED BY ROBERT M. SAGER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THTS BOARD, THIS MEETING IS HEREBY ADJOURNED. ~ --"7.- - lJ,~ ~ isors \-