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February 26, 2003 Regular Meeting 465 A Regular Meeting ofthe Frederick County Board of Supervisors was held on February 26, 2003, at 7:15 P.M., 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 J. Tyler. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Supervisor Sager delivered the invocation in absence of a minister. PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA Administrator Riley advised that he had no amendments to the agenda. Upon motion made by Supervisor Smith, seconded by Supervisor Tyler, the agenda was adopted 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 CONSENT AGENDA Administrator Riley offered the following tabs for approval under consent agenda: 1. Proclamation Re: Knights of Virginia Assistance to the Retarded (KOVAR) - April 24- 26,2003 as KOVAR Weekend. - Tab D; 2. Resolution of Participation and Regional Management Agreement - Northern Shenandoah Valley Disability Services Board - Tab E; 3. Landfill Oversite Committee Report - Tab H. Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the consent agenda was 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 Minute Book Number 28 Board of Supervisors Regular Meeting of 02/26/03 466 Sidney A. Reyes - Aye Lynda 1. Tyler - Aye Gina A. Forrester - Aye COUNTY OFFICIALS CITIZEN COMMENTS Pat Grosso, Red Bud District, President of the Frederick County Education Association, advised she was present to support the budget as presented by Dr. Dean and the school board. She feels this budget reflects the needs for funding of Millbrook High School and the increased cost associated with the growth of the student population. The figures show, as presented by Administrator Robert Cleaver, that there are 242 more students now than last year at the same time. She further advised that the teachers are only requesting a 2.5% cost ofliving this year. She feels the county has a school system to be proud of. The association is asking the Board to do what is necessary, and fully fund the school board's budget. David Whitt, Opequon District, President of Aylor PTO and has three children in county schools. He is also the pastor ofthe Opequon Presbyterian Church in Frederick County. He is an advocate for Frederick County Public Schools. He asked the Board members to remember the "young population" of this County and asked the Board if they did not want these young people to receive the best education possible? We have an excellent school system and asked the Board to increase taxes as they need be in order to support the strong school system that we have. Larry Dick, Gainesboro District, supports the 2003-2004 Frederick County School Budget, as well as the Gainesboro Elementary School. He realizes no one wants to raise taxes, but when the taxes are earmarked as a sound investment, that decision is not going to be questioned. To not fully fund the 2003-04 Frederick County School Budget req uest is a delusion of our children's education and a missed investment opportunity. Carla Reese, Back Creek District, feels one of the most important issues facing us today is the quality education of our students. She is a member of the PTO at Orchard View Elementary School. She feels everyone knows what is at stake should the Frederick County School System not receive enough funding for the 2003-04 school year. She advised what could happen to the proposed opening of Mill brook High School and the possible closing of Gainesboro Elementary School. She also addressed the building of seven hundred additional homes at The Summit and what this could Miuute Book Number 28 Board of Supervisors Regular Meeting of 02/26/03 467 do to the school population. She addressed the possibility of forty aides at the elementary level being laid off and feels should this happen it will be very difficult to recruit volunteers to replace these aides. She is also very concerned about plans for a fourth middle school being put on hold. Richard Racey, Redbud District, feels smart growth is needed in this County. During the time that he might have disagreed with this Board he has never once thought of anything other than the betterment ofthis County. He advised his family has been a part ofthis County since the 1700's. He asked the Board to explain how they arrive at their decisions when they vote, as he feels this would help him to understand why they vote the way they do. He is one of the heirs to the Racey tract that was denied at the meeting of February 12,2003, for UDA expansion. RUTH DESKINS AND KITTY NICHOLAS OF THE TOURISM BOARD ADDRESSED THE BOARD Kitty Nicholas and Ruth Deskins appeared before the Board advising what the marketing Plan was for 2003 and 2004 of the Winchester-Frederick County Convention and Visitors Bureau as well as their mission statement. They also addressed the specific obj ectives of the marketing plan. Chairman Shickle asked about graphs on page 6 of the material that was provided in the Board's agenda for this meeting. He asked Ms. Deskins to explain Graph 7 and 8 as he feels the numbers indicate the opposite of what the verbiage is saying. Ms. Deskins advised this information was provided by the Economic Development Commission. The data was taken from the Virginia Tourism Corporation web site, and it is showing a decrease for the 1999 period. She advised they have a very difficult time getting the latest information from the Virginia Tourism Corporation and it is always very much in arrears. Chairman Shickle suggested perhaps these graphs could be studied by Ms. Deskins and she could give him a call and explain the graphs further. COMMITTEE APPOINTMENTS RHODA W. KRIZ APPOINTED TO WINCHESTER-FREDERICK COUNTY TOURISM BOARD Upon motion made by Supervisor Tyler, seconded by Supervisor Reyes, Rhoda W. Kriz was appointed to the Winchester-Frederick County Tourism Board, upon like approval by the City of Winchester, filling the unexpired term of Richard Dick, said term to expire on June 30, 2003. Mr. Dick has resigned. This is a three year term. The term will begin on February 26,2003, and expire Minute Book Number 28 Board of Supervisors Regular Meeting of 02/26/03 468 on June 30, 2006. 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 PROCLAMATION (#004-03) KNIGHTS OF COLUMBUS IN VIRGINIA. ASSISTANCE TO THE RETARDED (KOVAR) - APRIL 24-26. 2003 AS KOVAR WEEKEND - APPROVED UNDER CONSENT AGENDA WHEREAS, some of our most valued citizens, our retarded brothers and sisters, are in need of help from their fellow citizens; and WHEREAS, the 10,000 Knights of Columbus in Virginia, in their charitable and patriotic role as sponsors of KOVAR (The Knights of Virginia Assistance for the Retarded) have donated more than $7,500,000 since 1972 for allocation to 250 ongoing organizations effectively assisting the retarded; and WHEREAS, the efforts of the Winchester Council, Knights of Columbus have resulted in more than $460,000 in grants and interest free loans to the Northwestern Workshop, Grafton School, Robert E. Rose Memorial Foundation, Shenandoah Valley Community Residence, Heart Havens' Home and the Association for Retarded Citizens of Winchester /Frederick County; and WHEREAS, in last year's KOVAR Weekend, Virginia Knights and their families raised over $500,000. NOW, THEREFORE, BE IT RESOLVED, that, as Chairman of the Frederick County Board of Supervisors, I do proclaim April 24 - April 26, 2003 as KOVAR WEEKEND in Frederick County and urge all citizens of the county to support this worthy cause. ADOPTED this 26th day of February 2003. RESOLUTION (#041-03) OF P ARTICIP ATION AND REGIONAL MANAGEMENT AGREEMENT - NORTHERN SHENANDOAH VALLEY DISABILITY SERVICES BOARD - APPROVED UNDER CONSENT AGENDA WHEREAS, the counties of Clarke, Frederick, Page, Shenandoah, Warren, and the City of Winchester, Virginia, utilized the Lord Fairfax Planning District Commission to create the Lord Fairfax Disability Services Board in 1992; and WHEREAS, the Disability Services Board has enabled localities to meet the statutory requirement for such an entity; and WHEREAS, the name change by the Lord Fairfax Planning District Commission to Northern Shenandoah Valley Regional Commission has led to the request for a name change by the Lord Fairfax Disability Services Board to the Northern Shenandoah Valley Disability Services Board; and WHEREAS, in the course ofthe name change the initial agreement requires administrative changes; NOW, THEREFORE, BE IT RESOLVED that the Frederick County Board of Supervisors Minute Book Number 28 Board of Supervisors Regular Meeting of 02/26/03 469 adopts this resolution of participation and approves the attached Regional Management Agreement for the Northern Shenandoah Valley Disability Services Board. IN WITNESS WHEREOF, that each member jurisdiction have caused their names to be signed to this agreement with the Northern Shenandoah Valley Regional Commission and attested by their duly authorized officials. REQUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS _ APPROVED Administrator Riley advised the Board of the requests being made by the Commissioner of the Revenue and the amount of the exonerations are as follows: (1) P ACTIV - FORMERLY TENNECO - 1999 - $10,314.32 2000-$ 8,373.16 2001 - $ 9,695.55 Chairman Shickle inquired how these are handled as it would appear this request is almost a year old. Commissioner Murphy advised this request was made a year ago and somehow it fell through the cracks and never got to the Board. Upon motion made by Supervisor Reyes, seconded by Supervisor Smith, the above refund 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 J. Tyler - Aye Gina A. Forrester - Aye (2) APPLE BLOSSOM PROPERTIES - $2,637.34 Upon motion made by Supervisor Sager, seconded by Supervisor Forrester, the above request #2, 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 (3) AT&T PUBLIC SERVICES CORPORATION - $33,662.87. Upon motion made by Supervisor Forrester, seconded by Supervisor Douglas, the above request #3, was approved by the following recorded vote: Minute Book Number 28 Board of Supervisors Regular Meeting of 02126/03 470 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 RESOLUTION (#042-03) FROM THE FIRE AND RESCUE DIRECTOR RE: U.S. DEPARTMENT OF JUSTICE EQUIPMENT GRANT PROGRAM - APPROVED Administrator Riley presented this request to the Board advising Director DuBrueler was present to answer any questions the Board might have. Supervisor Reyes asked about the lag time from 1999-2002. Director DuBrueler advised these funds were just released. Supervisor Sager asked what the funds were to be used for? Director DuBrueler advised for equipment. Upon motion made by Supervisor Reyes, seconded by Supervisor Sager, the following resolution was approved: BE IT RESOLVED BY THE Board of Supervisors of Frederick Country, Virginia that Gary A. DuBrueler, Director is hereby authorized to execute for and on behalf of Frederick County, Virginia, a public entity established under the laws of the State of Virginia, this application and to file it in the appropriate State Office for the purpose of obtaining certain Federal financial assistance under the OJP, National Domestic Preparedness Office Grant Programs Administered by the Commonwealth of Virginia. That Frederick County, Virginia a public entity established under the laws of the Commonwealth of Virginia, hereby authorizes its agent to provide to the Commonwealth and to the Office of Justice Programs (OJP) for all matters pertaining to such Federal financial assistance any and all information pertaining to these Grants as may be requested. PASSED and approved this 26th day of February 2003. The above resolution 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 COMMITTEE REPORTS LANDFILL QVERSITE - APPROVED UNDER CONSENT AGENDA The landfill oversight committee met Thursday, February 11, 2003, at 8:00 a.m. All committee members were present except Timothy Coyne and Michael Noel. The following issues were discussed: Minute Book Number 28 Board of Supervisors Regular Meeting of 02/26/03 471 1. Electronics Recvclinl: Update The committee reviewed and approved a request from Gloria Puffinburger, solid waste manager, to ban the disposal of cathode ray tubes at the regional landfill. This request was based on the ongoing success of our E-cycle program at the landfill and the pending state legislation which will ban the disposal of CRT's at all solid waste facilities in the commonwealth. The ban will take effect on July 1,2003. (See Attachment 1) 2. Wastewater Treatment Plant Upl!rade Staff presented two (2) proposed options to improve the efficiency of our wastewater treatment facility. The first incorporates a leachate recirculation concept with our current system. This option is contingent upon approval by the Environmental Protection Agency and the Department of Environmental Quality (D.E.Q.) forrecirculation on an alternative liner system. The second option includes the design and construction of a tertiary wastewater treatment plant which would cost approximately $500,000. The D.E.Q. has expressed a willingness to work with our staff to provide a cost effective alternative. These options are currently being evaluated by our consultant G.W. Clifford and Associates. The committee will be kept informed of our progress. 3. New Full Time Positions at Convenience Site The landfill manager has expressed a desire to staff the landfill convenience site with full time positions rather than the current part-time staff. We have had a very high turnover in the part- time staff at the landfill because ofthe heavy demand placed on the employees at this very busy site. The staff will prepare cost estimates and job descriptions for the proposed positions and present these at the next scheduled meeting. 4. Improvements Associated with Riley Property Staff presented a list of proposed improvements to the recently acquired Riley property. These improvements included landscaping in buffer areas, construction of a low water crossing and associated haul road, close out of the abandoned shale pit, restoration of the large bank barn and old farmhouse, demolition ofthe tenant house and general cleanup. Staff will prepare estimates for the restoration of the barn and farmhouse for the review of the committee at the next meeting. The remaining projects have been budgeted in this year's budget. S. Review Bids for Leachate Collection Media (Gravel) Staff presented the bid results for the 40,000 tons ofleachate collection media. Two (2) bids were received: $13.35 per ton from Cedar Mountain Stone and $11.94 per ton from Luck Stone. A contract will be awarded to Luck Stone. 6. Closed Session A closed session was convened in accordance with the Code of Virginia 92.2-3711 Subsection A, (3), Acquisition and Disposition of Real Estate. After exiting the closed session and certifying that only those issues allowed were discussed, a motion was made by Jim Wilson and seconded by Lynda Tyler to authorize the appropriate jurisdiction to sell the approximate 48 acre parcel separated by Opequon Road from the majority ofthe Riley tract. Staffwill consult with legal counsel to determine the appropriate procedures and jurisdictions involved in the sale. These procedures will include advertising and a public hearing. Bids received from the advertised sale will be returned to the committee for their review and approval. FINANCE COMMITTEE The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on February 19,2003 at 8:00 a.m. The committee approved items 1,2,3,4 and 5 under consent agenda. Committee Member Donald Butler was absent. Minute Book Number 28 Board of Supervisors Regular Meeting of 02/26/03 472 Upon motion made by Supervisor Smith, seconded by Supervisor Forrester, 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 J. Tyler - Aye Gina A. Forrester - Aye 1. The Sheriff requests a General Fund supplemental appropriation in the amount of $1.801.05. This amount represents donations and is requested to be appropriated to several line items. No additional local funds are needed. See attached memos, p. 1-4. The committee recommends approval. - Approved Under Consent Agenda 2. The Sheriff requests a General Fund supplemental appropriation in the amount of $4.534.15. This amount represents an insurance reimbursement for an auto accident. No additional local funds are needed. See attached memo, p. 5. The committee recommends approval. - Approved Under Consent Agenda 3. The Department ofJuvenile Justice requests a General Fund supplemental appropriation in the amount of $24,608.02. This amount represents the requested return of unspent grant funds. See attached memo, p. 6. The committee recommends approval. - Approved Under Consent Agenda 4. The Solid Waste Manager requests a General Fund supplemental appropriation in the amount of $255. These funds represent corporate donations and will be used for the printing of an Earth Day calendar that promotes student art work for recycling and litter prevention. No additional local funds are needed. See attached memo, p. 7-8. The committee recommends approval. - Approved Under Consent Agenda S. The Director of Parks and Recreation requests a General Fund supplemental appropriation in the amount of$2,970. This amount represents proceeds from the Thanksgiving 5K and the Winter Wonderland Walking Tour. Of this amount, $2,170 will be disbursed to Big BrotherslBig Sisters and $800 will be disbursed to the WINC Chain of Checks. No additional local funds are needed. See attached memos, p. 9-10. The committee recommends approval. - Approved Under Consent Agenda 6. The Jail Superintendent requests a Jail Fund supplemental appropriation in the amount of $170,652. This amount is needed to cover anticipated shortfalls and is requested to be appropriated into several line items. See attached memo, p. 11. The committee recommends approval. - Approved Upon motion made by Supervisor Sager, seconded by Supervisor Sager, the above 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 J. Tyler - Aye Gina A. Forrester - Aye 7. The Regional Airport requests an Airport Fund supplemental appropriation in the amount Minute Book Number 28 Board of Supervisors Regular Meeting of 02/26103 473 of $15,000 for professional services. The supplemental appropriation will be funded with an increase in revenue from fuel and will not require additional local funds. See attached memo, p. 12. The committee recommends approval. - Approved Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the above req uest 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 8. The Feltner Community Foundation requests financial support in the amount of$25,000. See attached memo, p. 13. The committee recommended that this request be forwarded to the Board of Supervisors to consider during the budget process. - The Consensus of the Board Was That They Are Not Prepared to Address This Request At This Meeting. 9. As requested by the committee, monthly overtime reports have been provided. See attached printout, p. 14-38. ***For Information Only*** The Finance Director provided a report on fund balance. See attached memo, p. 39-40. PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - CONDITIONAL USE PERMIT #12-02 OF SHARED TOWERS. INC. CROSS JUNCTION TOWER. SUBMITTED BY GREENWAY ENGINEERING ON BEHALF OF SHARED TOWERS. INC.. FOR A TIME EXTENSION TO A PREVIOUSLY-APPROVED CONDITION ASSOCIATED WITH CUP #18-01. THIS PROPERTY IS LOCATED AT THE CORNER OF COLLINSVILLE ROAD AND CROSS JUNCTION ROAD. APPROXIMATELY 290 FEET FROM NORTH FREDERICK PIKE (RT. 522N) AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 18-A-38 IN THE GAlNESBORO MAGISTERIAL DISTRICT - APPROVED Director Lawrence presented this to the Board advising that Shared Towers, Inc. is requesting a twelve month extension of their CUP. He further advised that staff and Planning Commission recommended approval ofthis request with conditions. There was no public comment. Upon motion made by Supervisor Reyes, seconded by Supervisor Douglas, CUP #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 Minute Book Number 28 Board of Supervisors Regular Meeting of 02/26/03 474 Sidney A. Reyes - Aye Lynda 1. Tyler - Aye Gina A. Forrester - Aye OTHER PLANNING ITEMS DISCUSSION OF PROPOSED AMENDMENTS - "PROJECT WOODLANDS" - TO BE ADVERTISED FOR PUBLIC HEARING Planner II Jeremy Camp presented this information to the Board. He advised the Development Review and Regulations Subcommittee (DRRS) has drafted a landscaping ordinance as an alternative to the current woodland regulations of the Frederick County Zoning Ordinance. The proposed amendments were prepared by staff and the DRRS with input from citizens, businesses, and organizations. The Frederick County Planning Commission provided comment of the proposed amendments at their meeting of December 18. The primary goals that the amendments are intended to achieve are: 1) to eliminate the need for future woodland disturbance waivers without jeopardizing environmental preservation; 2) to improve the landscaping standards of Frederick County; and 3) to create a concise ordinance that encourages creative development practices. He further advised that a public hearing is required by both the Planning Commission and Board on any amendments, and the Top of Virginia Builders Association does support these amendments. Upon motion made by Supervisor Tyler, seconded by Supervisor Smith, these amendments as spelled out are to be advertised for public hearing. Chairman Shickle asked if credit is given for existing trees? Director Lawrence advised that staff would look at that. 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 AUTHORIZATION TO ADVERTISE 2003-2004 FISCAL YEAR BUDGET - APPROVED Administrator Riley advised the Board where we currently are on the schedule for this year's fiscal budget. Following tonight's decision ofthe Board for an amount to be advertised, the public hearing on the budget is scheduled for March 24, 2003, at Sherando High School at 7 P.M.. He Minnte Book Number 28 Board of Supervisors Regular Meeting of 02/26/03 475 further advised once the public hearing was conducted, and public input received, the Board should have another worksession in order to be prepared for the budget vote which will be held on April 9, 2003. Supervisor Smith moved to advertise the tax rate at al5 cent increase or 76 cents per hundred. Supervisor Douglas seconded the motion. Supervisor Sager questioned when the Governor's veto would be done. Administrator Riley advised he was not sure, but felt it should be no later than three weeks in April. Supervisor Tyler advised that in the spirit of flexibility she would be happier with 18 cents. This way she does not feel the Board would be boxed. Supervisor Tyler offered this amendment to Supervisor Smith's motion. Supervisor Douglas seconded the amendment. Supervisor Forrester advised she would support to advertise at the 18 cents. She asked that she hear from the citizens, for up to this point most of what she has been hearing is from those citizens endorsing the 18 cents, or full funding for the schools. The above amended motion was approved by the following recorded vote: Richard C. Shickle -Nay W. Harrington Smith, Jr. - Nay Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye BOARD OF SUPERVISORS COMMENTS Supervisor Reyes referred to the memo in the Board's agenda from Deputy Clerk Carol Bayliss, and her reference to the preparation of Board minutes. He advised that he would like to thank Ms. Bayliss for all she does. Supervisor Reyes thanked Supervisor Forrester for all her efforts and hard work on this budget and also for working with Finance Director Shiffier to come up with the 5th scenario for this budget. UPON MOTION MADE BY SUPERVISOR SAGER, SECONDED BY SUPERVISOR SMITH, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, Miuute Book Number 28 Board of Supervisors Regular Meeting of 02/26/03 476 THIS MEETING IS HEREBY ADJOURNED. (TIME: 8:33 P.M.) ~-.J<. ~ Richard C. Shickle Chairman, Board of Supervisors iJi{(1 Clerk, Board of Supervisors . Minutes Prepared By: j)...~...,L --r,a:a.l( '-<.>G.........; Carol T. Bayliss Deputy Clerk, Board of Supervisors Minute Book Number 28 Board of Supervisors Regular Meeting of 02126/03