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January 08, 2003 Regular Meeting 392 A Regular Meeting of the Frederick County Board of Supervisors (Board) was held on January 8, 2003, at 7:15 P.M. A Closed Session was scheduled for 5:00 P.M. prior to the Regular Meeting. Both meetings were held in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice Chairman W. Harrington Smith, Jr.; Robert M. Sager; Margaret B. Douglas; Sidney A. Reyes; Gina A. Forrester; and Lynda 1. Tyler. CALL TO ORDER Chairman Shickle called the meeting to order at 5:00 p.m. BOARD RETIRED INTO CLOSED SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the Board retired into Closed Session in accordance with the Code of Virginia, 1950, as amended, Section 15.2- 2907, Paragraph D, to discuss the Town of Stephens City's response to the County of Frederick's (County) proposal for a suggested boundary line adjustment between the Town of Stephens City and Frederick County and Section 2.1-3711, Paragraph A 7, Legal, to discuss pending litigationregarding the Stephens City Boundary Line Adjustment. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda 1. Tyler - Aye Gina A. Forrester - Aye BOARD WITHDREW FROM CLOSED SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Sidney A. Reyes, the Board withdrew from Closed Session and certified nothing other than what was noted as reason for going into Closed Session was discussed. Supervisor Sager will report on action to be taken as a result of the Closed Session. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Minute Book Number 28 Board of Supervisors Regular Meeting of 01108/03 393 Lynda 1. Tyler - Aye Gina A. Forrester - Aye BOARD RECONVENED INTO REGULAR SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Lynda 1. Tyler, the Board reconvened into Regular Session. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda 1. Tyler - Aye Gina A. Forrester - Aye COUNTY STAFF TO MEET WITH STEPHENS CITY STAFF TO DEVELOP LAND USE PLAN AND SCHEDULE PUBLIC HEARINGS Upon motion made by Robert M. Sager, seconded by Margaret B. Douglas, the Board directed staffto meet with Stephens City staffto draft a joint land use plan as noted in the proposed annexation area and, once completed, the plan will be presented jointly at a public hearing to the citizens of Frederick County and Stephens City. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye CALL TO ORDER Chairman Shickle called the Regular Meeting to order at 7:15 p.m. INVOCATION The invocation was delivered by the Reverend Ewart Wyle with the Middletown and Cedar Creek Presbyterian Churches. PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA Administrator Riley advised the Board of the following additions and amendments to the agenda: 1. A Request to Reschedule the Request to Expand the Urban Development Area, Minute Book Number 28 Board of Supervisors Regular Meeting of 01108/03 394 Submitted by Christopher Consultants, L TD, to Incorporate Approximately 26 Acres of the 132-Acre Tract ("Racey Tract"). 2. A Request from Applicant Cynthia Lou Foglia to Withdraw her Conditional Use Permit for a "Pet Watchers" Animal Training Kennel. 3. A Request from Applicant Michael and Linda Ferraro to Withdraw Their Subdivision Waiver Request. 4. To Add Under "County Officials" A Resolution of Support for HB 1397 - Taxing Authority. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the agenda was approved as amended by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda 1. Tyler - Aye Gina A. Forrester - Aye CONSENT AGENDA Administrator Riley presented for approval under the consent agenda the following items: . Request from ShawneeLand Sanitary District Manager to Schedule a Public Hearing to Advertise Sanitary District Owned Property "For Sale" - Tab E. . Request for Installation of "Watch for Children" Signs on Jordan Springs Road - Tab F. · Parks and Recreation Commission Report - Tab I. · Personnel Committee Report - Tab 1. · Public Works Committee Report - Tab K. . Road Resolution - Roscommon Subdivision, Sections I, II, and III - Tab S. Upon motion made by W. Harrington Smith, Jr., seconded by Lynda J. Tyler, the Consent Agenda as noted above was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda 1. Tyler - Aye Gina A. Forrester - Aye CITIZEN COMMENTS Eric Voelkel. Red Bud District. Addressed concern regarding the proffer for development of Channing Road. He lives in Senseny Glenn and is concerned about how the proffer is written. Minute Book Number 28 Board of Supervisors Regular Meeting of 01108/03 395 He is with the understanding that they can develop any area at any time, specifically the Futral area. With Channing Road going through Canyon Road, he feels it will disrupt a lot of people's lives for seven years instead of continuing to build the other roads then build the houses and then connect with existing roads. He referred to Senseny Glenn and Bedford Village specifically. Bill Shepard. Gainesboro District. Invited the Board, staff, attendees, and all television viewers to attend a slide presentation by Loudoun County Supervisor Jim Burton on Loudoun County's experience with growth entitled A Case Study on Unbridle Growth, on January 16, 2003, at 7:00 p.m., at the Emmanuel United Methodist Church. Sam Lehman. Back Creek District. Advised the Board that he had talked with Evelyn Cain, past vice president ofthe National Association of Parliamentarians. She is currently looking for a job and lives in the Winchester area. He had referred her to Administrator Riley since the Board will be appointing a parliamentarian at this meeting and she was interested in the position to be paid at an hourly rate. Pam Kennedv. Gainesboro District. She referred to two letters in the local newspaper. One dealing with a long deceased former president and the other from a current political personage. The second letter referenced balance and the writers view of balance in the political realm. The author of these minutes believes Mrs. Kennedy was trying to convey her disagreement with the writers view and relayed what she felt was the appropriate "balance" for local government. Geor{!e Sempeles. Red Bud District. Addressed the Board regarding Chairman Shickle's letter in the January 7 newspaper and quoted several excerpts from that letter. He did not agree with a supervisor's comment that they would not vote in favor of a rezoning issue if it effected schools. He commended Supervisor Tyler in working with a developer in trying to develop proffers to help balance the cost of water and schools, etc. MINUTES - OCTOBER 16. 2002 - BUDGET WORKSESSION WITH FINANCE COMMITTEE - APPROVED Upon motion made by Robert M. Sager, seconded by Margaret B. Douglas, these minutes were approved, as presented, by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda 1. Tyler - Aye Minute Book Number 28 Board of Supervisors Regular Meeting of 01108/03 396 Gina A. Forrester - Aye MINUTES - OCTOBER 22. 2002 - WORKSESSION WITH THE SANITATION AUTHORITY - NO ACTION TAKEN Due to pages missing from these minutes, no action was taken and will be presented at the next meeting. MINUTES - OCTOBER 23. 2002 - REGULAR MEETING - APPROVED Upon motion made by Margaret B. Douglas, seconded by Gina A. Forrester, these minutes were approved as presented by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye COUNTY OFFICIALS ORGANIZATION OF THE BOARD OF SUPERVISORS FOR 2003 Election of Vice-Chairman At this time Chairman Shickle opened the floor for nominations for vice-chairman. Supervisor Douglas nominated W. Harrington Smith, Jr., for this position. Upon motion made by Robert M. Sager, seconded by Lynda 1. Tyler, and there being no additional nominations, the floor was closed for nominations and approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda 1. Tyler - Aye Gina A. Forrester - Aye Upon motion made by Margaret B. Douglas, seconded by Sidney A. Reyes, to appoint W. Harrington Smith, Jr., as Vice Chairman. The above motion was passed by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Abstained Margaret B. Douglas - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Minute Book Number 28 Board of Supervisors Regular Meeting of 01/08/03 397 Gina A. Forrester - Aye Selection of Time and Place of Meetinl! Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., to select the second and fourth Wednesdays of each month, 7:15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia as the time and meeting place for the Frederick County Board of Supervisors for 2003, and will be rescheduled to the following evening in the event of inclement weather. The above motion was passed by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye Adoption of Rules of Order Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, to adopt Robert's Rules of Order, Simplified and Applied, as the Rules of Order for the Board of Supervisors for 2003. The above motion was passed by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye Appointment of Parliamentarian Upon motion made by Margaret B. Douglas, seconded by Robert M. Sager, to appoint John R. Riley, Jr., County Administrator, as the Parliamentarian for the Board of Supervisors for 2003. The above motion was passed by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye Board Appointments to Various Boards. Commissions and Committees Minute Book Number 28 Board of Supervisors Regular Meeting of 01108/03 398 Chairman of the Board of Supervisors, Richard C. Shickle, presented these appointments: Richard C. Shickle: Industrial Development Authority and Joint Finance Committee. W. Harrington Smith, Jr.: Chairman ofthe Finance Committee; Joint Finance Committee; and Public Works Committee. Robert M. Sager: Chairman of the Public Safety Communications (Formerly Law Enforcement and Courts Committee); Code & Ordinance Committee; and Social Services Board. Margaret B. Douglas: Chairman of the Personnel Committee; and Public Safety Communications (Formerly Law Enforcement and Courts Committee). Sidney A. Reves: Chairman of the Code and Ordinance Committee. Lynda 1. Tyler: Chairman of the Public Works Committee. Gina A. Forrester: Finance Committee and Personnel Committee. Chairman Shickle did not make any Board appointments under the Special Committees and Non-Voting Liason. Appointments to the remaining committees will be made at a future date. Reappointment! Appointment of Citizens to Various County Boards. Commissions and Committees: The following committee appointments were made: Code and Ordinance Stephen G. Butler Michael L. Bryan Finance Committee Donald A. Butler Richie Wilkins Ronald E. Hottle C. William Orndoff, Jr., Treasurer, Non-Voting Liaison Ellen E. Murphy, Commissioner of the Revenue, Non-Voting Liaison Public Safety Committee (Formerly Law Enforcement and Courts Committee) James L. Hockman Vickie Wilkins Stephen F. Ells Brenda L. Vance, Winchester-Frederick General District Court, Non-Voting Liason Ann B. Lloyd, Winchester-Frederick Juvenile & Domestic Relations Court, Non-Voting Liason Personnel Committee Dr. Verne E. Collins Philip C. G. Farley Bill Still Public Works Committee George H. Ludwig Minute Book Number 28 Board of Supervisors Regular Meeting of 01108/03 399 James T. Wilson James T. Vickers JIMMY LOCKARD APPOINTED TO INDUSTRIAL DEVELOPMENT AUTHORITY Upon motion made by Gina A. Forrester, seconded by W. Harrington Smith, Jr., Jimmy Lockard was appointed to the Industrial Development Authority as the representative from Red Bud District. This is a four year term. The term will begin on January 8, 2003, and expire on January 8,2007. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye JEFFREY LAFFOON NOMINATED TO SERVE ON THE LOCAL EMERGENCY PLANNING COMMITTEE - APPROVED Upon motion made by Gina A. Forrester, seconded by W. Harrington Smith, Jr., Jeffrey Laffoon, Trelleborg's Environmental Coordinator, was nominated to serve on the Local Emergency Planning Committee (this nomination was also approved by the LEPC and paperwork will be submitted to the Virginia Emergency Response Council to request Mr. Laffoon's appointment to the LEPC). The above motion was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye DR. DIANE HELENT JARIS. DIRECTOR. LORD FAIRFAX HEALTH DISTRICT. ADDRESSED BOARD RE: SMALL POX Dr. Diane Helentjaris appeared before the Board to address the latest smallpox activities. President Bush has recommended voluntary "pre-event" smallpox vaccination for hospital and public health personnel who will be responsible for caring for any persons infected with smallpox. Since there is no specific treatment available for smallpox, there is great concern that this disease could be used as a bioterrorism weapon. The Lord Fairfax Health Department, along with the Virginia Minute Book Number 28 Board of Supervisors Regular Meeting of 01108/03 400 Department of Health Districts, will provide voluntary smallpox vaccinations according to federal guidelines. The initial offering will be to hospital and public health personnel, followed by emergency responders (police, fire and rescue, etc.), and then to the general public. The health department will also be responsible for responding in a "post-event" scenario to include controlling the spread of smallpox from a documented case of the disease. Although the risk of this happening is small, preparation is important given the public health consequences. The same vaccine is used today that was used years ago but it wasn't as prominent an issue. A new emergency planner has been hired from allocated terrorism funds and one of their responsibilities is to educate the public. At this time this position is working predominately with hospitals, medical personnel, and first responders. Only military personnel at this time are required to get the vaccination. Liability from the health problems sometimes caused by the vaccine, including death, is still in the discussion stages and not all the liability will hopefully fall on the person receiving the vaccine. Dr. Helentgaris will contact the County when the vaccine will be available to the police and fire and rescue personnel. Supervisor Sager commended Dr. Helentgaris and her staff for their work and efforts on this matter and their professionalism. REQUEST FROM SHAWNEE LAND SANITARY DISTRICT MANAGER TO SCHEDULE A PUBLIC HEARING TO ADVERTISE SANITARY DISTRICT OWNED PROPERTY "FOR SALE" - APPROVED UNDER CONSENT AGENDA Shawneeland Sanitary District Manager Glen E. Wilder requested the Board to hold a public hearing to sale the following ShawneeLand lots: Lot # Section # 8 8 44 3 164 A 14 7 21 X 2 K 27 W 42 3 43 3 Tax Map J.D. Number 49AOl-1-8-8 49AOl-1-3-44 49A04-l-A-164 49AOl-I-7-14 49A06-1-X-2l 49A04-1-K-2 49A05-1-W-27 49AOl-1-3-42 49A01-l-3-43 RESOLUTION (#030-03) REOUESTING THE INSTALLATION OF "WATCH FOR CHILDREN" SIGNS ON JORDAN SPRINGS ROAD - APPROVED UNDER CONSENT AGENDA A request was received from a resident on Jordan Springs Road to install these two signs on Jordan Springs Road, one at house number 1412 and one at 1586. VDOT Resident Engineer Jerry Minute Book Number 28 Board of Supervisors Regular Meeting of 01108/03 401 Copp approved 1412 but asked that the second sign be installed at 1373. RESOLUTION REQUESTING THE INSTALLATION OF A "WATCH FOR CHILDREN" SIGN WHEREAS, the 1997 Session of the Virginia Assembly amended the Code of Virginia adding Section 33.1-210.2 relating to the installation and maintenance of "signs alerting motorists that children may be at play nearby," and WHEREAS, this act provides for the adoption of a resolution by the governing body of any county requesting the Virginia Department of Transportation to install and maintain this type of sign, and WHEREAS, the source of funding for the installation of this sign shall come out of the secondary system construction allocation to the affected county. The costs of maintaining such sign shall be paid out ofthe secondary system maintenance allocation to the affected county; and WHEREAS, Jordan Springs Road (Route 664) is located in a residential area and is within the secondary road system and is a viable candidate for a "Watch for Children" sign, and BE IT THEREFORE RESOLVED, the Frederick County Board of Supervisors does hereby request that the Department of Transportation install "Watch for Children" signs specifically at 1373 Jordan Springs Road and 1586 Jordan Springs Road The signs should be placed in accordance with the provisions of Section 33.1-210.2 of the Code of Virginia. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer of the Virginia Department of Transportation. REOUEST FROM THE SHENANDOAH VALLEY BATTLEFIELDS FOUNDATION (SVBF) FOR LETTER OF SUPPORT - APPROVED Assistant County Administrator Tierney presented this request. The SVBF, along with Rockingham County, requested a letter of support to submit with an American Battlefield Protection Program grant application from the National Park Service. A letter was drafted by Assistant County Administrator Tierney and presented to the Board for consideration. Upon motion made by Gina A. Forrester, seconded by Robert M. Sager, the following letter was approved: January 9, 2003 William G. O'Brien County Administrator County of Rockingham P.O. Box 1252 Harrisonburg, VA 22803 RE: American Battlefield Protection Program Grant Application - Interpretation and Education Plan for the Shenandoah Valley Battlefields National Historic District Dear Bill: I am writing on behalf of the Frederick County Board of Supervisors, to express support for the development of an Interpretation and Education Plan as proposed by the Shenandoah Valley Battlefields Foundation. The Foundation's Management Plan identifies the development of an Minute Book Number 28 Board of Supervisors Regular Meeting of 01108/03 402 Interpretation Plan as one of important initial steps toward protecting and promoting the National Historic District. It is critical that the District, representing eight counties and several independent cities, have a thorough and professional plan to anticipate future needs, provide guidance to partners and organize interpretation efforts so that we build a spirit of cooperation and coordination. Frederick County supports the partnerships which have been fostered in the National Historic District among the many private, public, local and government historical sites, museums and venues, all of which are important and have a unique story to tell. Hopefully, a far-reaching Interpretation Plan will weave all these diverse stories into one fabric. We appreciate and endorse your efforts to increase public awareness of the Civil War heritage in the Shenandoah Valley. Sincerely, John R. Riley, Jr. County Administrator The above motion was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye REOUEST FROM ASSISTANT COUNTY ADMINISTRATOR TIERNEY FOR A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $29.000 FOR REPAIRS TO COUNTY ADMINISTRATION BUILDING - APPROVED Assistant County Administrator Tierney presented this request. An Administration Building Fund Supplemental Appropriation in the amount of $29,000 to line item 83-1225-8800 was requested due to the deteriorating conditions ofthe exterior wooden doors and transoms located at the County Administration Building. Due to the level of security and weather proofing desired, time was of the essence and the request was submitted to the Board instead of the Finance Committee (this is not a General Fund supplemental appropriation). The total job is estimated at $35,000 but the difference will be made up with the unused funds from renovating the third floor to house the social services department and the work will follow under the open end contract that currently exist under this project with Ricketts Construction Company. Upon motion made by Robert M. Sager, seconded by Margaret B. Douglas, this request was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Minute Book Number 28 Board of Supervisors Regular Meeting of 01108/03 403 Lynda J. Tyler - Aye Gina A. Forrester - Aye RESOLUTION (#032-03) IN SUPPORT OF HOUSE BILL (HB) 1397 - TAXING AUTHORITY - APPROVED Assistant County Administrator Tierney presented this resolution in support of HB 1397 which would grant counties the same taxing authority currently provided to municipalities within Virginia. Upon motion made by Robert M. Sager, seconded by Gina A. Forrester, the following resolution was approved: A RESOLUTION IN SUPPORT OF HB 1397 - TAXING AUTHORITY WHEREAS, county governments within the Commonwealth of Virginia provide the same public services and incur similar expenses as towns and cities; and, WHEREAS, under the current state code, counties do not have the same flexibility to tax or set tax rates that are provided to towns and cities; and, WHEREAS, HB 1397 would provide all the powers oftaxation to counties that are currently granted to towns and cities, NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors hereby supports, and urges the passage ofHB 1397. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda 1. Tyler - Aye Gina A. Forrester - Aye COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT - MEETING OF DECEMBER 17. 2002 - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on December 17, 2002. Members present were: Charles Sandy, Robert Hartman, John Powell, Clarence Haymaker, Vicki Keelon, Cheryl Swartz, and Joyce Goff. The following items were submitted for the Board's information only: 1. Approval of 2004 Goals and Objectives Mr. Hartman moved to approve the Department's 2004 Goals and Objectives, second by Mrs. Keelon, carried unanimously (7-0). 2, Memorial Mr. Hartman moved that the Commission approve the renaming ofField #4 at Clearbrook Minute Book Number 28 Board of Supervisors Regular Meeting of 01108/03 404 Park to Bob Roper Field to be acknowledged at a future Board of Supervisors' meeting by Lynda Tyler presenting the resolution to Mr. Roper's family, second by Joyce Goff, carried unanimously (7-0). PERSONNEL COMMITTEE REPORT - MEETING OF DECEMBER 10. 2002 - APPROVED UNDER CONSENT AGENDA The Personnel Committee met on Tuesday, December 10,2002 with the following members present: Margaret B. Douglas, chairman; Gina A. Forrester; Verne E. Collins; Philip e.G. Farley; John R. Riley, Jr.; Kris C. Tierney; and Debby Didawick. Committee member Bill Still was absent. The following department heads were present as requested: Captain Snoots representing Sheriff Bob Williamson, Fred Hildebrand from CFFW Jail, Gary DuBrueler from Fire and Rescue, and Larry Ambrogi from the Commonwealth Attorney's office. Also present were Supervisor Sid Reyes, Lynsey Orndorff from Personnel, Glenn Williamson from Commonwealth Attorney's office, and representatives from the press. The following was submitted for the Board's information only: County Administrator John Riley informed the committee that the purpose of the meeting was to provide them with information about the overtime procedures and the problems the public safety departments (Sheriff s Department, Fire and Rescue, and the Regional Jail) are having staying within their budgeted amounts. The public safety departments comprise 90 percent of the annual budgeted overtime amount of$602,000. Each department works within their authorized amount and must request additional funds when they exceed that amount through the Finance Committee. This current fiscal year $250,000 in overtime has been expended. Fire and Rescue is the only department that has exceeded their portion of the allotted overtime amount. The increase in overtime is due to the overall increase in volume of calls with 75 percent ofthe calls being medical codes requiring ALS providers. A temporary solution to stem the overtime is to have more volunteer coverage. This has been implemented with a small impact on overtime at this point. There are essentially 29 volunteers with ALS qualifications and most volunteers have full time jobs elsewhere and many are not available when needed to cover for career staff. The meeting was then open for questions. The committee members were mailed handouts prior to the meeting explaining how overtime is calculated for each department. The committee members asked several questions about the calculations for Fire and Rescue OT and the FLSA regulations. Gina Forrester suggested "fee for service" as a possible option. John Riley explained that the Volunteer Association needs to agree to this option and then several public meetings would have to be held. It is a viable option that is being explored as a long term solution. John Riley stated that another option being explored is to hire six new ALS providers. This will help to some extent. Larry Ambrogi is paying overtime because he has one investigator position that was requested by the Board several years ago that is County funded. That position works a heavy case load investigating murder and rape cases and assisting the State Police and Sheriffs department. He has applied several times to the Compensation Board for additional personnel but they have not allocated the money. Margaret Douglas asked if there were questions for the CFFW Jailor the Sheriff's Department. There being no further questions the meeting was adjourned. PUBLIC WORKS COMMITTEE REPORT - MEETING OF DECEMBER 17. 2002- APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Tuesday, December 17, 2002, at 8:00 a.m. All Minute Book Number 28 Board of Supervisors Regular Meeting of 01108/03 405 members were present. The following items were discussed and was submitted for the Board's information only: 1, Phase II - Stormwater Issues Mr. Joe Wilder, staff engineer, presented an update on the Phase II - Stormwater program. He recently attended a workshop which highlighted issues related to the Phase II program. The contents of his presentation are included in the enclosed memorandums dated December 16, 2002, and October 25,2002, respectively. The entire regulation hinges on ownership ofthe stormsewer systems. All stormsewer systems located within the subdivisions in Frederick County are situated on property that is owned by private citizens, homeowners' associations (HOA), developers or the Virginia Department of Transportation (VDOT). Therefore, we do not have to develop a program for these areas. Frederick County does, however, own some stormsewer systems located at various County schools within the highlighted urban area (see attachment). Because these storm sewer systems represent a small portion of the overall drainage within the urban area, we will draft a letter to the Department of Environmental Quality (D.E.Q.) to request an exemption from this program. We will present information about the stormwater issues in Frederick County to the Board of Supervisors during their January 22,2003, meeting. (Attachment #1) 2. Hours of Operation for Citizens' Convenience Sites Mr. W. Harrington Smith, Jr., added this item for discussion. Mr. Smith indicated that he had received five complaints about the new hours of operation for the citizens' convenience sites which went into effect December 1,2002. The majority of the complaints were about the Sunday morning site closures. Discussion included comments about opening the sites on Sunday morning and the feasibility of closing the sites on Mondays to remain within the reduced operational budget. Staff indicated that the number of complaints will be tracked, survey data will be reviewed, and the results and status ofthe operating hours will be presented at the next public works meeting. 3. Closed Session The committee convened a closed session to discuss a real estate issue in accordance with the Code of Virginia 92.2-3711 Subsection A, (3), Acquisition and Disposition of Real Estate. 4. Miscellaneous Reports a. Tonnage Report: Landfill (Attachment 2). b. Recycling Report (Attachment 3) c. Animal Shelter Dog Report (Attachment 4) d. Animal Shelter Cat Report (Attachment 5) FINANCE COMMITTEE REPORT - MEETING OF DECEMBER 18. 2002 The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on December 18, 2002 at 8:00 a.m. 1. The Department of Public Safety Communications ReQuests a General Fund Supplemental Appropriation in the Amount of $23.000 - Approved This amount represents grant funds received and will be used for training and CAD mapping. No additional local funds are needed. See attached memo, p. 1. The committee recommends approval. Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, this Minute Book Number 28 Board of Supervisors Regular Meeting of 01108/03 406 request was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda 1. Tyler - Aye Gina A. Forrester - Aye 2. The Public Works Director Requests a General Fund Operational Transfer from the Continl!encv Line Item in the Amount of $21.500 - Approved This amount represents off-site improvements for the Kent Street road project. The cost of any off-site improvements related to this project is the responsibility of Frederick County. Additional local funds are necessary. See attached memo, p. 2. The committee recommends approval. Upon motion made by W. Harrington Smith, Jr., seconded by Gina A. Forrester, this request was approved by the following recorded vote: Richard e. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye 3. The Parks and Recreation Director Reauests a General Fund Supplemental Appropriation in the Amount of $70.000 - Approved This amount represents a federal grant to construct an asphalt trail in Sherando Park. Ifthis grant is approved, the local share will be $14,000. Additional local funds are necessary. See attached memo, p. 3. The committee recommends that a resolution be submitted to the Board of Supervisors by the Parks Department indicating the County's commitment to the project. Appropriation will be made once the grant is approved. Upon motion made by W. Harrington Smith, Jr., seconded by Sidney A. Reyes, this request and the following resolution was approved: VIRGINIA RECREATIONAL TRAILS FUND PROGRAM RESOLUTION OF ENDORSEMENT (Resolution #031-03) At a regular meeting ofthe Board of Supervisors for the County of Frederick, Virginia, held on the 8th day ofJanuary 2003, in the Board of Supervisors' Meeting Room, 107 N. Kent Street, Winchester, Virginia, it was duly moved and seconded that the following resolution be adopted: WHEREAS, in accordance with the Department of Conservation and Recreation allocation procedures, it is necessary that a request by resolution be received from the local government or state agency in order that the Department of Conservation and Recreation fund a trails project in the County of Frederick. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors, request the Department of Conservation and Recreation to establish a project for a pedestrian facility to connect recreational facilities in Sherando Park. Minute Book Number 28 Board of Supervisors Regular Meeting of 01108/03 407 BE IT FURTHER RESOLVED, that Frederick County will provide support to the project as specified in the application materials submitted. The above motion was approved by the following recorded vote: Richard e. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda 1. Tyler - Aye Gina A. Forrester - Aye 4. The Finance Director Reauests a General Fund Supplemental Appropriation in the Amount of $5.625.000 - Approved This amount is for bond proceeds for the refinancing ofthe Administration Building that was approved last fiscal year, but appropriate wording was omitted from the resolution. A public hearing has already been held. The committee recommends amending the minutes to reflect the proper wording. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, this request was approved by the following recorded vote: Richard e. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye 5. The Juvenile Probation Office Requests Approval of Five New Cellular Phones - Approved The phones will be purchased with grant funds, therefore, no local funds are needed. See attached memo, p. 4. The committee recommends approval. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, this request was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda 1. Tyler - Aye Gina A. Forrester - Aye 6. The Fire and Rescue Director Presented Information on the Status of Overtime Issues - Reauest to Hire Six New Positions - Approved The committee concluded that six new positions would assist in alleviating the excessive overtime. Administrator Riley conveyed to the Board that if nothing is done the County will payout Minute Book Number 28 Board of Supervisors Regular Meeting of 01108/03 408 close to $200,000 in overtime. In providing these positions, the County will not eliminate overtime but not as much overtime will be incurred. Overtime will continue to increase because ofthe nature of the position. He suggested the positions not be assigned by the Board and it would be at the discretion of the association and director together. This would hopefully take care of the Millwood Station's request and that the association will address it with these positions. Chairman Shickle addressed some concern that the Board did not have any say where these new positions will be assigned, specifically, Millwood Station and that this may have to be addressed in the future if the association did not. He also felt funds should be approved for these positions if approved by the Board. Discussions followed regarding "scratch calls." Fire and Rescue Association President Walter Cunningham appeared before the Board and explained that should a fire company expend all its resources because that company is out on numerous calls and another call comes in, another fire company responds which classifies this as a scratch call. Depending on the nature of the incident (severe whether creating numerous traffic accidents) this will often happen. It is dangerous to say that all scratch calls will be eliminated with these six new positions. He advised the Board that this request was not made by the association. There is a long range program to trainjuniors and seniors in the school system so that when they graduate the can enter into a career field of emergency servIces. Fire and Rescue Director Gary A. DuBrueler advised the Board that the youngest age the County can hire for career firefighters is 21 years of age which does not help in recruiting for these positions. This is due to the insurance most ofthe volunteer fire companies hold and it requires that ifthey respond, they should be eligible to drive the fire equipment apparatus and requires the person to be 21 years of age. The City of Winchester allows a minimum of 18 years of age because they use a different insurance parameter than the County. These six new positions will most likely be used as relief personnel at the fire companies that need coverage at various times to help eliminate overtime but help with their placement will be discussed with the association. He could not assure that these positions would be assigned to the Millwood Station. There are currently 41 career firefighters, 11 fire stations, with all but the Star Tannery station having career personnel. This figure includes the five office staff. Five stations have 24/7 coverage which are Middletown, Stephens City, Greenwood, Round Hill, and Gainesboro. Minute Book Number 28 Board of Supervisors Regular Meeting of 01/08/03 409 Upon motion made by W. Harrington Smith, Jr., seconded by Sidney A. Reyes, the request to hire six new positions was approved by the following recorded vote: Richard C. Shickle - Nay W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda 1. Tyler - Aye Gina A. Forrester - Aye Request for a Supplemental Appropriation of $65.000 from Reserve Fundinl: to Fund Six New Positions Until the End of Fiscal Year 2003 - Approved Upon motion made by Robert M. Sager, seconded by Margaret B. Douglas, to approve a supplemental appropriation in the amount of$65,000 to fund six new firefighter positions through the end of 2003 Fiscal Year. The above motion was approved by the following recorded vote: Richard e. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye The following item was submitted for the Board's information only. 1. The Finance Director Gave a Report on Fund Balance See attached memo, p. 5-6. PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - REOUEST TO EXPAND THE UDA (URBAN DEVELOPMENT AREA). SUBMITTED BY CHRISTOPHER CONSULTANTS. LTD. TO INCORPORATE APPROXIMATELY 26 ACRES OF THE 132-ACRE TRACT ("RACEY TRACT"). THIS TRACT IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 85-A-140. ZONED RA (RURAL AREAS) DISTRICT. AND LOCATED SOUTHWEST OF THE WOODSIDE ESTATES SUBDIVISION IN THE OPEOUON MAGISTERIAL DISTRICT. APPROXIMATEL YI06ACRES OF THE TRACT ARE PRESENTLY LOCATED WITHIN THE UDA. (CONTINUED FROM THE BOARD MEETING DECEMBER 17. 2002) - POSTPONED UNTIL FEBRUARY 12TH PER REOUEST OF APPLICANT This UDA expansion was initially heard as a Board public hearing on December 17, 2002. The Board was informed that the applicant was attending a meeting with an adjoining neighborhood and was not able to attend the meeting and the Board moved (under Adoption of Agenda) to continue the public hearing to February 12th. Minute Book Number 28 Board of Supervisors Regular Meeting of 01/08/03 410 PUBLIC HEARING - CONDITIONAL USE PERMIT #15-02 OF CYNTHIA LOU FOGLIA FOR "PET WATCHERS" ANIMAL TRAINING KENNEL. THIS PROPERTY IS LOCATED AT 211 BRYARL Y ROAD AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 42-A-134 IN THE GAINESBORO MAGISTERIAL DISTRICT - WITHDRAWN BY APPLICANT PUBLIC HEARING - CONDITIONAL USE PERMIT #13-02 OF SHARED TOWERS. INC./REYNOLD'S STORE TOWER. SUBMITTED BY GREENWAY ENGINEERING. FOR A TIME EXTENSION TO PREVIOUSLY-APPROVED CONDITION ASSOCIATED WITH CUP #20-01. THIS PROPERTY IS LOCATED AT 8926 NORTH FREDERICK PIKE AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 11-A-39 IN THE GAINESBORO MAGISTERIAL DISTRICT - APPROVED Planning and Development Director Eric R. Lawrence presented this request. The application basically requests a revision to the condition previously placed on this Conditional Use Permit #20-01. Condition 5, as approved by the Board of Supervisors on January 23, 2002, stated the tower must be erected by January 22, 2003, otherwise, the CUP would be invalid. This application addresses the Reynolds Store Tower and the applicant is requesting a 12 month renewal since the tower will not be erected by the anniversary date of the original CUP request. The Frederick County Planning Commission unanimously approved this request on November 6, 2002, with the following conditions: 1) All Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2) The tower shall be available for co-locating personal wireless services providers. 3) A minor site plan shall be approved by the County. 4) The tower shall be removed by the applicant or property owner within twelve months of abandonment of operation. 5) In the event a telecommunications tower is not erected within twelve months of the approval of this CUP, then the CUP will be deemed invalid. 6) A certified Virginia engineer shall provide verification that the tower is designed, and will be constructed, in a manner that, should the tower collapse for any reason, the collapsed tower will be contained in an area around the tower, with a radius equal to or lesser tan the setback, measured from the center line ofthe base of the tower. Evan A. Wyatt with Greenway Engineering, representing the applicant, along with the applicant Kamal Doshi with Shared Towers, LLC, appeared before the Board. Mr. Doshi advised the Board that most cell telephone companies he has spoken with have expressed to him the need for towers to provide and upgrade cellular telephone services but cut back in funds by the companies to make this happen is a problem and capital expansion plans have been delayed. Shentel and T- Mobile are mainly interested in this site but they are not able to make a date commitment at this Minute Book Number 28 Board of Supervisors Regular Meeting of 01108/03 411 time. There was no public comment. Upon motion made by Sidney A. Reyes, seconded by W. Harrington Smith, Jr., this CUP #20-01 was approved by the following recorded vote: Richard e. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda 1. Tyler - Aye Gina A. Forrester - Aye PUBLIC HEARING - REZONING #12-02 OF KERNSTOWN UNITED METHODIST CHURCH TO REZONE 1.621 ACRES FROM M2 (INDUSTRIAL GENERAL) TO B2 (BUSINESS GENERAL) DISTRICT. THIS PROPERTY IS LOCATED AT 3239 VALLEY PIKE AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 63-A-96 AND 63-A-I07A IN THE SHAWNEE MAGISTERIAL DISTRICT - APPROVED Senior Planner Abbe S. Kennedy presented this request. This request was needed to down- zone from M2 District to B2 District to alleviate the legally nonconforming status of the existing church use. The rezoning would allow the church to operate without restriction concerning possible future modifications or expansions which would be permitted by the B2 District requirements. The Planning Commission, at their meeting of December 4,2002, approved this rezoning request and recommended approval of the application. There was no public input. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, rezoning request #12-02 was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda 1. Tyler - Aye Gina A. Forrester - Aye End of Public Hearing Items. SUBDIVISION WAIVER REOUEST OF MICHAEL AND LINDA FERRARO - WITHDRAWN BY APPLICANT 2003-2004 CAPITAL IMPROVEMENTS PLAN (CIP) - REVISIONS REOUESTED Deputy Director Christopher M. Mohn presented the proposed plan to the Board for review and discussion before the public hearing advertisement. The Planning Commission, at their meeting Minute Book Number 28 Board of Supervisors Regular Meeting of 01108/03 412 of December 18, 2002, unanimously endorsed the proposed plan for 2003-2004. The plan does not include a dollar figure for the Public Safety Building but Administrator Riley stated it would take approximately $5,000,000. Administrative Assistant to the Superintendent Al Orndorff expressed some concern with the planning department reprioritizing their capital programs and they were not contacted to let them know why. Concern were also expressed by the Board that this was also true for the parks department and that it was apparent that the same matrix was not used by these three departments to determine the priorities. After lengthy discussions, the Board asked that the planning department meet with the respective departments and try to develop a matrix to be used by all the departments. Once this was done, the Board would revisit the plan and schedule the required public hearing. ROAD RESOLUTION (#033-03) - ROSCOMMON SUBDIVISION. SECTIONS 1.11. AND III - APPROVED UNDER CONSENT AGENDA RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS The Board of Supervisors of Frederick County, in regular meeting on the 8th day of January 2003, adopted the following resolution for Roscommon Subdivision, Sections 1,2 and 3: WHEREAS, the streets described on the attached Additions Form SR-5A, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office ofthe Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described n the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of- way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy ofthis resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. BOARD OF SUPERVISORS' COMMENTS At this time, Administrator Riley advised the Board that the School Board selected Monday, January 27, or Tuesday, January 28, for the budget worksession. The Board selected Monday, January 27,2003, at 5:30 p.m., in the Board meeting room, for this meeting. Minute Book Number 28 Board of Supervisors Regular Meeting of 01108/03 413 UPON MOTION MADE BY ROBERT M. SAGER, SECONDED BY W. HARRINGTON SMITH, JR, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE BOARD, THE MEETING ADJOURNED AT THIS TIME. " ~.J_ (_~-~ Richard C. ShickIe Chairman, Board of Supervisors Minutes Prepared By: ~<<~-0'/A Cathy . Tanner Administrative Assistant Minute Book Number 28 Board of Supervisors Regular Meeting of 01/08/03