HomeMy WebLinkAboutJanuary 26, 1994 Regular Meeting
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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:
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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
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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.
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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.
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