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January 13, 1993 Regular Meeting 178 A Regular Meeting of the Frederick County Board of Super- visors was held on January 13, 1993, 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; Beverly J. Sherwood and Charles w. Orndoff, Sr. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by Reverend Jeff Cannon of the Mt. Pleasant united Methodist Church. AGENDA ADOPTED AS AMENDED Mrs. Sherwood requested time under county officials for discussion of adding an additional at-large member to the Planning Commission. Mr. Riley asked that a request from the EDC be pulled from the county Finance Committee report. Upon motion made by Robert M. Sager, seconded by Charles w. Orndoff, Sr., the agenda was approved as amended. The above motion was passed by the following recorded vote: Richard G. Dick - Aye w. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles w. Orndoff, Sr. - Aye CONSENT AGENDA Mr. Riley suggested that Tab K - Finance Committee Report be approved under the consent agenda. Upon motion made by Robert M. Sager, seconded by w. Harrington Smith, Jr., the Finance Committee Report was approved under the consent agenda. The above motion was passed by the following recorded vote: Richard G. Dick - Aye w. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye PRESENTATION OF BOARD MONTHLY AWARD 179 Mr. Charles Orndoff, Sr., asked that Mr. Bobby Russell, member and Mr. Dennis Bagnell, president of the Stonewall Ruritan Club, come forward on behalf of the club to accept the board's award for the month of January. Mr. Orndoff stated that Mr. Russell had not missed a ruritan meeting for forty-one years which he thought was quite an accomplishment in itself and he also noted the clubs achieve- ments as well as their many contributions to the community since it was chartered in 1952. PRESENTATION OF AWARD BY COUNTY FIRE AND RESCUE DEPARTMENT TO REYNOLDS STORE AND GAINESBORO FIRE AND RESCUE Mr. Tom Owens, director of Fire and Rescue, addressed the board at which time he explained the turn of events during the weekend of December 10 & 11, 1992, when the entire western end of Frederick county was inundated with quite a few feet of snow. He stated that the members of the Reynolds Store and Gainesboro Fire and Rescue companies far exceeded that which is expected of volunteers, and performed far above the call of duty in helping stranded citizens in all phases of assistance during this most difficult time. Mrs. Sherwood presented to the members of the Gainesboro Fire and Rescue the boards award of appreciation. Mr. Longerbeam presented to the members of the Reynolds Store Fire and Rescue the boards award of appreciation. CITIZEN COMMENT No one came forward to address the board. MINUTES APPROVED Upon motion made by James L. Longerbeam, seconded by W. Harrington Smith, Jr., the minutes of the board meeting of December 15, 1992, were approved as submitted. The above motion was passed by the following recorded vote: Richard G. DiCk - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye Mr. Dick stated at this time he would present the organiza- tion of the Board of Supervisors for 1993. 180 ORGANIZATION OF THE BOARD OF SUPERVISORS FOR 1993 Election of Vice-Chairman Upon motion made by Charles W. Orndoff, Sr., seconded by Beverly J. Sherwood, to appoint W. Harrington smith, Jr. as the Vice-Chairman of the Board of Supervisors for 1993. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye Selection of Time and Place of Meeting Upon motion made by W. Harrington Smith, Jr., seconded by Beverly J. Sherwood, to select the second and fourth Wednesdays of each month, 7:15 P.M., in the Frederick county Courthouse, Loudoun Street Mall, Winchester, Virginia as the time and meeting place for the Frederick County Board of Supervisors for 1993. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye Adoption of Rules of Order Upon motion made by Robert M. Sager, seconded by W. Harrington smith, Jr., to adopt Robert's Rules of Order as the Rules of Order for the Board of supervisors for 1993. The above motion was passed by the following recorded vote: Richard G. Dick - Aye w. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye Appointment of Parliamentarian Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., to appoint John R. Riley, Jr., as the Parliamen- tarian for the Board of Supervisors for 1993. The above motion was passed by the tollowin9 recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye 181 Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye Board Appointments to Various Boards. Commissions and Committees Chairman of the Board of Supervisors Richard Dick presented these appointments: Richard G. Dick: Board of Education for months of January and July and the Economic Development Commission. W. Harrinqton Smith. Jr.: Chairman of the Code and Ordinance Committee; Finance committee; Public Works Committee; Community Corrections Resources Board; and the Board of Educa- tion for the months of June and December. Robert M. Saqer: Chairman of the Finance Committee; Social Services Board; Transportation Safety committee; Sanitation Authority; and the Board of Education for the months of April and October. James L. Lonqerbeam: Chairman of the Personnel Committee; Law Enforcement and Courts committee; Fred-Winc Service Authority; Agricultural District Advisory Board; Industrial Development Authority; Fire and Rescue Association; and the Board of Education for the months of February and August. Beverlv J. Sherwood: Chairman of the Law Enforcement and Courts Committee; Personnel committee; Gypsy Moth Committee, Information Services Committee; Parks and Recreation commission; Planning Commission; and the Board of Education for the months of May and November. Charles W. Orndoff. Sr.: Committee; Code and Ordinance Advisory Board; and the Board March and september. Chairman of the Public Works Committee; A.S.C.; Extension of Education for the months of Reappointment/Appointment of citizens to various County Boards. Commissions and Committees The following committee appointments were made: Code and Ordinance Stephen G. Butler George W. Johnston, III Patricia F. Scheder Finance Committee John P. Good, Jr. Natalie Cather Miller Raymond C. Sandy C. William Orndoff, Jr., Treasurer as a non-voting liaison member. Mr. Dick explained that he was appointing Mr. Riley and Mr. Owen to serve on the Airport Authority as non-voting liaison members. Law Enforcement and Courts Committee Larry P. Coverstone Donald Ratcliff James L. Hockman Personnel Committee 182 Colleen Bly Lt. Col. Robert S. Gordanier Leonard D. Newcome Public Works Committee Dudley H. Rinker James T. Wilson Karen Kober Extension Advisorv Committee Joyce Carden - Gainesboro District carolyn L. Marker - Back Creek District Diana Heishman - Shawnee District Janet stiles - stonewall District Transportation Committee Jacques E. Billmyer - Back Creek District James M. Racey, II - Shawnee District Elmer H. Lauck - Gainesboro District GyPSY Moth Committee Robert C. Lebeck Gerald R. Crowell Gary K. Oates Margarette M. smith carolyn S. Lewis MRS. SHERWOOD RECOMMENDS THE ADDITION OF ONE AT LARGE MEMBER TO THE COUNTY PLANNING COMMISSION ROBERT PERRY APPOINTED TO SERVE ON THE AMERICAN DISABILITY ACT BOARD Upon motion made by Charles W. Orndoff, Sr., seconded by Beverly J. Sherwood, Mr. Robert Perry, Stonewall District, was appointed to serve on the newly created ADA Board. The above motion was passed by the following recorded vote: Richard G. Dick - Aye w. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye RICHARD G. DICK TO SERVE AS ALTERNATE ON REGIONAL JAIL BOARD Upon motion made by Robert M. Sager, seconded by James L. Longerbeam, Richard G. Dick was appointed to serve as the alternate on the Regional Jail Board. The above motion was passed by the following recorded vote: Richard G. Dick - Abstained w. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye LORI MOLDEN APPOINTED TO THE HISTORIC RESOURCES BOARD L 183 Upon motion made by James L. Longerbeam, seconded by w. Harrington Smith, Jr., Lori Molden was appointed to serve on the Historic Resources Board, filling the vacancy created by the resignation of Bettye Chumley, said term to expire September 13, 1996. The above motion was passed by the following recorded vote: Richard G. Dick - Aye w. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles w. Orndoff, Sr. - Aye TODD SHF.NK REAPPOINTED TO THE PLANNING COMMISSION FROM GAINESBORO DISTRICT Upon motion made by Beverly J. Sherwood, seconded by Charles W. Orndoff, Sr., Todd Shenk was reappointed to the Planning Commission from Gainesboro District for a four year term beginning February 8, 1993, and ending on February 8, 1997. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye BOARD RECEIVES MANAGEMENT STUDY RECENTLY COMPLETED AS INFORMATION AT THIS TIME Following board discussion, the board members felt that a worksession should be scheduled in order that the management study, which has recently been completed could be discussed in more detail and would only be received as information at this time. Upon motion made by James L. Longerbeam, seconded by Robert M. Sager, the recently completed management study will only be received as information at this time. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye REQUEST FROM GEORGE G. SNARR. CHAIRMAN. HANDLEY. LIBRARY BOARD RE: APPOINTMENT OF LIAISON - RECEIVED AS INFORMATION ONLY AT THIS TIME 184 Mr. Dick stated that he would like to hold off on this request for the time being. The board concurred. REAL ESTATE REASSESSMENT TO REMAIN AT THE PRESENT FOUR YEAR CYCLE Mr. Riley presented this information to the board and ask for some feedback as to whether the board wanted to remain at the present four year reassessment or change to a different cycle. Mrs. Sherwood asked if some of this work would be done in house. Mr. Riley replied yes. Upon motion made by Beverly J. Sherwood, seconded by W. Harrington smith, Jr., the county will conduct the county reassessment on a four year cycle effective from the last reassessment. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. orndoff, Sr. - Aye PUBLIC HEARING FOR PROPOSED COMPREHENSIVE POLICY PLAN UPDATE SCHEDULED FOR FIRST BOARD MEETING IN FEBRUARY Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the public hearing date for the pro- posed comprehensive policy plan update as prepared by the planning department is hereby scheduled for February 10, 1993. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARING: REQUEST FROM: IZAAK WALTON WALTON LEAGUE OF AMERICA FOR TAX EXEMPT STATUS - APPROVED Mr. Riley presented this request to the Board and explained that when this was originally presented last year, a pUblic heQring was not helg, ang this is a requirement per the state code, thus the reason for this being brought before the board at this time. 185 WHEREAS, The Izaak Walton League of America, a non-profit organization, has requested the Board of Supervisors of the County of Frederick, Virginia, to support its request for the General Assembly to grant a tax exemption pursuant to Article X, S6 (a) (6) of the Constitution of Virginia for certain real property owned by said organization in the County of Frederick, and WHEREAS, on January 13, 1993, a public hearing was held by the Board of Supervisors after being properly advertised; and WHEREAS, the Board of Supervisors examined and considered the provisions of Section 30-19.04 (B) of the Code of Virginia. NOW, THEREFORE, BE IT RESOLVED, that the Board of Super- visors of the County of Frederick, Virginia, hereby supports legislation, pursuant to Article X, S6 (a) (6) of the Constitu- tion of Virginia, to provide: 1. That they be classified and designated as a charitable and benevolent organization; and 2. That property owned by The Izaak Walton League of America and used by it exclusively for charitable and benevolent purposes on a non-profit basis be determined to be exempt from taxation, state and local, including inheritance taxes. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the above resolution was approved. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye PLANNING COMMISSION BUSINESS: RESOLUTION RE: SHENANDOAH NATIONAL BATTLEFIELDS AND HERITAGE COMMISSION - APPROVED Mrs. June Wilmot, EDC director, appeared before the board to explain why this resolution was being presented to them and asked if they had any questions. WHEREAS, citizens from throughout the Shenandoah Valley have developed proposed legislation aimed at developing a cooperative effort between individuals, local governments and the State and Federal government to preserve the valley'S civil War sites and promote tourism; and WHEREAS, Frederick County contains a number of significant sites worthy of preservation and could benefit culturally and economically from the protection and utilization of these sites; and WHEREAS, the proposed legislation contains language specif- ically prohibiting the acquisition of private land through condemnation, and proposes the establishment of a "Heritage Commission" made up of representatives from each of the juris- dictions within the Valley for the purpose of drafting a " Heritage Plan" to promote tourism and develop incentives for local landowners and governments to protect the battlefields, 186 NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of supervisors does hereby endorse the proposal for the creation of the Shenandoah National Battlefield and Heritage commission. Upon motion made by Robert M. Sager, seconded by Beverly J. Sherwood, the above resolution was approved. The above motion was passed by the following recorded vote: Richard G. Dick - Aye w. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye ACTIVITY REPORT - DECEMBER 16-31. 1992. RECEIVED AS INFOR- MATION FINANCE COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Finance Committee met on Monday, December 14, 1992 at 8:00 a.m. Present were: Committee Chairman Robert M. Sager; Committee members W. Harrington Smith, Jr., John Good, Jr., Natalie Cather Miller and Raymond C. Sandy. Also present were staff members John R. Riley, Jr., Stephen F. Owen, Barbara W. Ratcliff, Cheryl B. Shiffler, Jennifer L. Place and Board Chairman Richard G. Dick. The Reaional Jail is reauestina a General Fund supplemental appropriation in the amount of $10.000.00. The reauest consists of an increase in revenue and an increase in appropriations of $10.000.00. The committee recommends approval. The Countv Administrator is requestina a General Fund supplemental appropriation in the amount of $3.380.00. This amount was transferred from travel to cover Virainia Municipal Leaaue dues. therefore. travel needs to be reinstated to cover travel expenses for board members durina the remainder of the fiscal Year. The committee recommends approval. The Director of Public Works reauests a General Fund appropriation transfer in the amount of $48.547.00. This amount needs to be transferred from a contractual line item to a part-time pavroll line item. No additional local funds are necessarv. The committee recommends approval. The Sheriff is reauestina a General Fund supplemental appropriation in the amount of $1.100.00. This amount represents donations received bv the D.A.R.E. Proaram. No additional local funds are necessary. The committee recommends approval. Lord Fairfax Community Colleae is reauestinq a General Fund supplemental appropriation in the amount of $68.733.00. This amount was appropriated FY 91-92. but the funds were returned due to construction delay. An increase in local fundina of $68.733.00 is needed. The committee recommends approval. The Fire and Rescue Coordinator is reauestina a General Fund supplemental appropriation in the amount of $1.359.48. This amount is to be appropriated to lien item 3505 -l003-000-003 and will be \l~ed to pay firefi~hters. This is state raimbursement and no local funds are used. The committee recommends approval. 187 As noted above the entire Finance Committee Report was approved under consent agenda. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by Robert M. Sager, seconded by Beverly J. Sherwood, the board retired into executive session in accordance with the Code of Virqinia. 1950, as amended, Section 2.1-344, (a) (1) (2) and (7) to discuss personnel, acquisition of real property and legal matters. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the board withdrew from executive session. BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the board reconvened into regular session and certified nothing other than what was noted as reason for going into executive session was discussed. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye DEPARTMENT HEAD EVALUATION OF DIRECTOR OF FIRE & RESCUE TOM OWENS - APPROVED Upon motion made by James L. Longerbeam, seconded by Beverly J. Sherwood, the evaluation of Tom Owens, director of Fire and Rescue, was approved. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye 188 BOARD DIRECTS COMMONWEALTH ATTORNEY LAWRENCE AMBROGI TO PROCEED WITH NECESSARY STEPS TO COLLECT OUTSTANDING. BOND ON APPLE RIDGE SUBDIVISION Upon motion made by W. Harrington Smith, Jr., seconded by James L. Longerbeam, the board directed Commonwealth Attorney Lawrence Ambrogi to take the necessary steps in trying to recover the outstanding bond on Apple Ridge Subdivision. The above motion was passed by the following recorded vote: Richard G. Dick - Aye w. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye CHAIRMAN DICK ANNOUNCES THAT COUNTY SHOULD BE IN THE POSITION WITHIN THE NEXT 30 DAYS TO ANNOUNCE WHJ!;'l'H.KR THE OFFICES REMAIN DOWNTOWN OR MOVED TO THE COUNTY Mr. Dick stated that as Chairman he would now ask the Board of supervisors to consider the office renovation, relocation lssue. He feels the best way to accomplish this effort is to hear from the county's hard working tax paying citizens. He would encourage the board to communicate with its constituents, either in writing, by phone or by arranging public meetings in their respective districts. He feels this should be accomp- lished within the next thirty days. The Board needs to set a course of action by January 15, 1993 in order to meet the mandate set by the federal government for compliance with the American Disabilities Act. Leadership by the board members to encourage county citizen input on this issue is critical to the success of this process. UPON MOTION MADE BY BEVERLY J. SHERWOOD, SECONDED BY ROBERT M. SAGER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THE MEETING WAS ADJOURNED. t.- II