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HomeMy WebLinkAboutApril 10, 2002 Regular Meeting 699 A Regular Meeting of the Frederick County Board of Supervisors was held on April 10, 2002, 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. Shick1e; 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 The invocation was delivered by Reverend Robert T. Hughes of the Universal Unitarian Church. PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA County Administrator Riley requested to have Tab I (Mutual Firefighting and Emergency Medical Services Agreement Between the County of Frederick and County of Hardy, West Virginia) pulled as it has been requested for this to be sent to the Fire & Rescue Association for their review prior to it being presented to the Board. He further requested to move Committee Reports to 5A under County Officials. Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the agenda was adopted, 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 J. Tyler - Aye Gina A. Forrester - Aye CONSENT AGENDA Administrator Riley suggested the following tabs: 1. Closing of County Offices for Apple Blossom Festival- Tab D; 2. Resolution Re: Knights of Virginia Assistance too the Retarded (KOVAR) Weekend- TabF; 3. Resolution RE: Purchased of Property by the Shawneeland Sanitary District - Tab H. Minute Book Number 27 Board of Supervisors Meeting of 04/1 0/02 700 Tab K was listed under consent agenda; however, Supervisor Tyler requested to have it moved in order for the Board to speak to, and vote on number 1 ofthe report. Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the consent 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 J. Tyler - Aye Gina A. Forrester - Aye CITIZEN COMMENT Pam Kennedy, Gainesboro District, addressed land resources from very early on and the history of what has happened to this land over the years. She addressed prime agricultural land and how this acreage had dwindled over the years due to the paving ofthe land and movement of people. She feels this theory has also come to Frederick County there are those that are motivated by financial gain, are suspicious of those who are not, what is in it for them, what do they want? It is sad that the motives for each side seem so far apart. Because of this misunderstanding seems to be the norm, and as a result acrimony, but just as the phrase "if you build it they will come"is valid, so is "once lost, lost forever", and she feels this is the reality in our county today. She feels stewardship must once again become the norm. John Good, Stonewall District, referred to the presentation that is to be presented later by Wellington Jones of the Sanitation Authority, and most of his remarks would be addressed to that. He represents Shockey Companies and as most people are aware, Shockey does have a proposed project in this area, which is Plan B for residential. Their plans are to use the public water and sewer services as they are in the sewer and water service area and have been for some years. They want to make it clear that their use of those public resources is at their cost, private sector cost, not to cost ofthe Frederick County taxpayer a penny. This is not intended to be a public sector cost, and in fact that is the way it always works in Frederick County for private development. The land being discussed is not prime agricultural land, as referred to by Mrs. Kennedy earlier. Using public facilities for sewer will be better for the environment because of the thin soils in this area are not very effective with private systems, and the Frederick-Winchester Service Authority, capacity should not be a problem. They are now on Plan B and still want to follow the Comprehensive Plan to the Minute Book Number 27 Board of Supervisors Meetiug of 04/10/02 01 maximum extent possible, given the options that they have. Catherine Whitesell, Back Creek District, asked to speak to what Mr. Good just said. Does have concerns about when the proposed sewer and water service area became the sewer and water service area. Wanted to make it clear that the sewer and water service in this area is for industrial and commercial use on our Comprehensive Plan. She is not trying to prevent John from doing anything with his land. We certainly realize it is necessary for him to recoup a lot of cost that has been involved with this property; however, we all realize the value of the majority of the property for historic preservation. The Milburn Historic District, there is about 400 hundred acres that are possibly not in the district. The big controversy lately, the Route 37 issue, 37 will run right through there. She hopes, ifthere is a master plan, if we continue with the Commonwealth Transportation Board telling us that we are going to have this road, like it or not, whoever develops this property takes this into consideration for the people that could possibly be building and buying homes in the path of Route 37. We have a problem with the Route 37 issue, herself in particular because of the historic resources. She feels the historic resources need to be looked at, and she is not just talking about the Milburn Historic District, but also Camp Russell. She asked Board members if they had visited the site of Camp Russell? She feels it needs to be looked at, ifit is not worth saving, then it's not. Doug Dolan, Red Bud District, stated that he co-chaired the Battlefield Taskforce for Winchester and Frederick County in 1993, that was adopted in 1995-1996. He advised that it is a pretty in-depth assessment done on all the battlefield resources and the conclusion, based on the significance of those resources, how intact they were. Based on this report, Stephenson Depot was not high on the list as there were not significant battles fought on this site, and it did not rank up there with the rest of the battlefields. They felt they had to make decisions based on what was in danger and what could be saved, and the importance of those sites represented to an overall comprehensive battlefield network for the valley. He feels those that want to know what the resources are within the county should see this document, as it is a public document. Pat Gochenour, Red Bud District, thanked the Board embers for their service to the county. She addressed the area of what brings quality oflife to every community. Asked that everyone be good stewards of God's creation. Dudley Rinker, Back Creek District, advised that 10 - 12 years ago he had the privilege to Minute Book Number 27 Board of Supervisors Meeting of 04/1 0/02 70 serve on the Board of Supervisors with a number of fine people like Mr. Smith. At that time the Board looked ahead to see what Frederick County needed in the future. They decided that Route 37 was needed for Frederick County's future, east around Winchester. The plan was started at that time in order to get it to where it is today, and the importance of that road has not diminished since that time if anything, it has increased many times over. He asked the Board to please reconsider their decision of not doing Route 37 and reconsider its importance to Frederick County and the future of the county. Dr. Raymond Fish, Gainesboro District, one brief point regarding the sewer discussion. About thirty years ago there was a meeting of the Board of Supervisors at the Senseny Road Elementary School at which time it was decided that there was a dire need for sewer in the Stephenson area. It was concluded at that time that the work should be started in the direction of providing this service within six months. There was a dire need then and even more of a dire need now for a lot of the homes along the Old Charles Town Pike, as well as other parts of the county. No one seems to be speaking to the fact that there is a serious need existing there already, and he feels it is time that someone took a look at this. He invited anyone, including those present at tonight's meeting, to take a tour of any of the backyards in this area, and he would submit to anyone that ankle deep sewage in your backyard is not good stewardship of the land. Sam Lehman, Back Creek District, is worried that some members of the Board may have violated the Freedom of Information Act again, that happened during the Cardinal Glass controversy, and the county pledged to be diligent about it. He is not a lawyer, but he does read the law from time to time, and it seems to say that all meetings ofthe public body should be open, except where it is provided for Special Meetings. It says notice shall be posted at least 3 working days prior to the meeting in the normal places where we give notices of our public meetings. To him that is in the advertisement section of the Winchester Star. He did not get the notice of that meeting because he does not get the paper until later in the afternoon. Chairman Shickle asked Mr. Lehman what meeting he was referring to. Mr. Lehman responded the meeting of March 27 with Libby Welsh about Route 37. Chairman Shickle asked County Attorney Ambrogi ifthere was anything illegal about that meeting. Attorney Ambrogi replied, not that he was aware of. It was well advertised through the Minute Book Number 27 Board of Supervisors Meeting of 04/10/02 703 media, not necessarily classified. Judging on the number of people that filled the room, the Board was here, there was a Waiver of Notice signed by the Board members, and there was no business conducted. The meeting was called by Mrs. Welsh to answer questions from the Board, if they had any, as well as from the media, which occurred. The purpose of the FOIA, among other things, is to avoid closed or secret meetings. Chairman Shickle advised Mr. Lehman ifhe had a problem with it that he seek the avenues available to him as a citizen, under the law, and file a suit for FOIA violation. Mr. Lehman stated that he had a question. Attorney Ambrogi advised Mr. Lehman that he was not going to get into an argument, that is not proper procedure. Mr. Lehman tried to ask an additional question, at which time Chairman Shickle advised him to seek the remedies available to him. MINUTES Upon motion made by Supervisor Sager, seconded by Supervisor Douglas, the minutes of the Joint Worksession with City of Winchester Council, February 26, 2002, 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 Upon motion made by Supervisor Smith, seconded by Supervisor Tyler, the minutes ofthe Budget Worksession of February 27,2002 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 COMMITTEE APPOINTMENTS RICHARD A. RUCKMAN REAPPOINTED TO BOARD OF BUILDING APPEALS Minute Book Number 27 Board of Supervisors Meeting of 04/10/02 104 FROM STONEWALL DISTRICT Upon motion made by Supervisor Tyler, seconded by Supervisor Douglas, Richard A. Ruckman was reappointed to the Board of Building Appeals from Stonewall District. This is a five year appointment. This term will begin on April 10, 2002, and expire on April 10, 2007. BRETT BOYD REAPPOINTED TO HISTORIC RESOURCES ADVISORY BOARD AS MEMBER-AT-LARGE Upon motion made by Supervisor Reyes, seconded by Supervisor Smith, Brett Boyd was reappointed to the Historic Resources Advisory Board as Member-At Large. This is a four year appointment. This term will begin on May 10, 2002, and expire on May 10, 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 JAMES K. LUPTON, II APPOINTED TO HISTORIC RESOURCES ADVISORY BOARD FROM BACK CREEK DISTRICT AS MEMBER-AT-LARGE Upon motion made by Supervisor Douglas, seconded by Supervisor Smith, James K. Lupton, II was appointed to the Historic Resources Advisory Board as Member-at-Large from Back Creek District. This is a four year term. This term will begin on May 25, 2002, and expire on May 25, 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 ROBERT E. ROPER REAPPOINTED TO PARKS AND RECREATION COMMISSION FROM STONEWALL DISTRICT Upon motion made by Supervisor Tyler, seconded by Supervisor Forrester, Robert Roper was reappointed to the Parks and Recreation Commission from Stonewall District. This is a four year term. This term will begin on May 14,2002, and expire on May 14,2006. The above motion was approved by the following recorded vote: Minute Book Number 27 Board of Supervisors Meeting of 04/10/02 705 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 JAMES H. PAINTER REAPPOINTED TO THE NORTHWESTERN HEALTH SYSTEMS AGENCY - LORD FAIRFAX HEALTH COUNCIL Upon motion made by Supervisor Sager, seconded by Supervisor Tyler, James H. Painter was reappointed to the Northwestern Health System Agency - Lord Fairfax Health Council as representative from Frederick County. This is a three year term. This term will begin on May 22, 2002 and expire on May 22, 2005. 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 RESOLUTION (#038-02) ADOPTING FY 2002-2003 BUDGET - APPROVED Administrator Riley presented the following resolution: WHEREAS, a notice of public hearing and budget synopsis has been published and a public hearing held on March 27,2002, in accordance with Title 15.2, Chapter 25, Section 15.2-2506, of the Code of Virginia, 1950 as amended. THEREFORE BE IT FURTHER RESOLVED, by the Board of Supervisors of the County of Frederick, Virginia, that the budget for the 2002-2003 fiscal year as advertised in The Winchester Star on March 15,2002, be hereby approved in the amount of$186,026,426. WHEREAS, the budget amounts represent the total, less transfers between funds. WHEREAS, this Budget Resolution equals an amount less that the advertised budget with the difference equaling the addition of a position in the Commonwealth Attorney's office approved at the March 2002 Board of Supervisor' s meeting and changes in state school operating funding after the final action from the General Assembly. BE IT FURTHER RESOLVED, that the County of Frederick budget for the 2002-2003 fiscal year be adopted as follows: General Operating Fund: General and Financial Admin. Judicial Administration Public Safety Public Works Health/Welfare Education - Community College Parks, Recreation & Cultural $ 6,065,130 1,160,545 11,592,293 2,836,966 4,384,165 45,123 4,008,867 Minute Book Number 27 Board of Supervisors Meeting of 04/10/02 706. Community Development Non-Departmental Expenses Regional Jail Fund Landfill Fund Division of Court Services Fund Shawneeland Sanitary District Fund Airport Operating Fund Airport Capital Fund Consolidated Maintenance Fund School Operating Fund School Operating Capital Fund School Cafeteria Fund School Construction Capital Project Fund School Debt Service Fund Larrick & Sides Trust Funds School Textbook Fund Unemployment Compensation Fund NREP Operating Fund NREP Textbook Fund 2,042,461 1,822,852 7,893,282 5,591,962 1,100,424 526,850 1,142,503 845,000 340,455 82,320,077 610,000 3,710,234 33,350,000 9,775,310 1,100 1,579,005 10,000 3,241,822 30,000 BE IT FURTHER RESOLVED, that the Board of Supervisors ofthe County of Frederick, Virginia, does herein adopt the tax rate for the 2002 assessment year at a rate of 61 cents to be applied to real estate, the rate of$4.20 to be applied to personal property, $2.25 applied to personal property on one vehicle to volunteer firefighters that are approved and registered with the Fire and Rescue Department, the rate of 42Y7 cents to be applied to airplanes and zero tax to be applied to antique vehicles. The Business and Professional Occupational License rates are as follows: retail 20 cents per $100 of gross receipts, professional services 58 cents per $100 of gross receipts, personal and business 36 cents per $100 of gross receipts, wholesale 5 cents per $100 of purchases and the rate of$2.00 on declining values to be applied to machinery and tools, and contract carrier classified vehicles. Meals tax at an adopted rate of 4 cents per $1. County decals at an adopted rate of$20 per vehicle and $10 per motorcycle. The Sanitary Landfill fees are as follows: $38 per ton for less than 12,000 tons a year; $36 per ton for more than 12,000 but less than 24,000 tons a year; $34 per ton for more than 24,000 but less than 36,000 tons a year; $32 per ton for more than 36,000 but less than 48,000 tons a year; $30 per ton for more than 48,000 tons a year; $30 per ton for construction demolition debris; $25 per ton for municipal waste and $8 per ton for municipal sludge. The local tax for Enhanced 911 Service will continue to be at a set rate of $1.60. BE IT FURTHER RESOLVED, that appropriations are hereby authorized for the central stores fund, special welfare fund, comprehensive services fund, county health insurance fund, school health insurance fund and unemployment compensation fund equal to the total cash balance on hand at July 1,2002, plus the total amount ofreceipts for the fiscal year 2002-2003. The Fire Company Capital appropriation will include the current year appropriation plus any unused funds at the end of fiscal year 2002. BE IT FURTHER RESOLVED, that this budget resolution does not fund the school operating budget by category. Supervisor Smith moved to approve the resolution, as presented, with Supervisor Sager seconding the motion. Supervisor Reyes advised that he would like to amend the resolution to approve funding the $250,000, as requested to the Civil War Historic Preservation, and $437,000 to Lord Fairfax Community College for site development cost of the new science building to be constructed. Chairman Shickle asked Supervisor Reyes if his request for an amendment is for now or Minute Book Number 27 Board of Supervisors Meeting of 04/10/02 707 later. Supervisor Reyes asked Administrator Riley to assist him in the correct wording of his request. Administrator Riley advised that perhaps the best way to handle this would be to go ahead and approve the budget as advertised; therefore, there would be no confusion as far as that particular resolution. He further suggested that the amendments Supervisor Reyes referred to for the battlefields and the community college be handled toward the end of this fiscal year when we would have a better idea of where we stand financially. The above motion and second for the budget resolution, as presented, 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 Administrator Riley advised that Supervisor Reyes' motion at this time would be to prepare a budget amendment to include funding for battlefield purchase for the current fiscal year in the amount of $250,000, plus 250,000 for next fiscal year in addition to $470,000 for next fiscal year for Lord Fairfax Community College for their Science Building. Supervisor Reyes moved to approve the motion, as stated by Administrator Riley above, with Supervisor Smith seconding the motion. Supervisor Sager asked where these funds would come from. Administrator Riley advised the funds in question would come from umeserved fund balance. He further advised that the reason he has suggested looking at this amendment towards the end of the year is that he feels staff will have a better idea at that time where we stand financially. He further advised there could be more money in reserves due to money that has not been spent this year. Chairman Shickle stated that it is his understanding that this is a motion to prepare the amendment, not to approve it. Administrator Riley advised that is correct. He further advised that what the Board would be doing, for the purposes of those entities that are interested in showing Frederick County's Minute Book Number 27 Board of Supervisors Meeting of 04/10/02 708 commitment to the application for the grant funds for the Land and Water Conservation Funding, the Board would have more of a commitment by authorizing this budget amendment. Supervisor Sager asked Supervisor Reyes why the two together, rather than the college being separate? Supervisor Reyes responded that since they are both budget items, he felt it would be best to include them in the same motion. Administrator Riley advised that Supervisor Reyes wanted both of the budget items considered. What the merits are to having them together or separate he is not sure. Supervisor Sager advised that he prefers to have the two items voted on separately rather than together. Supervisor Douglas asked if the approval ofthis amendment obligated the Board in any way? Administrator Riley advised that the Board is offering a budget amendment. Due to the amount of the budget amendment it will require, at some point, a public hearing because it exceeds the $500,000 requirement, making it necessary for a public hearing. Supervisor Forrester asked for clarification. The Board is making an amendment that will obligate the funding for two years, $250,000 per year for the battlefields. She asked if the Board could make that kind of obligation, for two years out? Chairman Shickle advised that this is $250,000 for this year and $250,000 for next year, which is part ofthis budget year. Administrator Riley advised that we can't be sure of the third year, which is the out year, which we couldn't guarantee anything. 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 CLOSING OF COUNTY OFFICES FOR APPLE BLOSSOM FESTIVAL - APPROVED UNDER CONSENT AGENDA As in the past, all county offices will be closed on Friday, May 3, 2002 in celebration of the annual Apple Blossom Festival. Minute Book Number 27 Board of Supervisors Meeting of 04/1 0/02 709 SCHEDULING OF BOARD MEETINGS DURING THE SUMMER MONTHS - APPROVED The following schedule was suggested by the County Administrator's Office for the months of June, July and August for Summer vacations: Cancellation of June 26, July 24 and August 28, (all second board meetings of the month). Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the above schedule for summer Board meetings 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 RESOLUTION (#039-02) RE: KNIGHTS OF VIRGINIA ASSISTANCE TO THE RETARDED (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 ofKOV AR (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 ofthe Winchester Council, Knights of Columbus have resulted in more than $432,000 in grants and interest free loans to the Northwestern Workshop, Grafton School, Robert E. Rose Memorial Foundation, Shenandoah Valley Community Residence and the Association for Retarded Citizens of Winchester /Frederick County; and WHEREAS, in last years 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 18 - April 21 ,2002 as KOVAR WEEKEND in Frederick County and urge all citizens ofthe county to support this worthy cause. ADOPTED this 10th day of April, 2002. COMMITTEE REPORTS PARKS AND RECREATION COMMISSION The Parks and Recreation Commission met on March 19, 2002. Members present were: Charles Sandy, Robert Hartman, John Powell, Joyce Goff, Clarence Haymaker, Victoria Keelon, Cheryl Swartz, Lynda Tyler. Submitted for Board Information Only: 1. Request for Easement - Mr. Hartman moved to accept a request from Shenandoah Gas for a 25 ft. wide, 270 ft. long easement at Sherando Park for relocation of a 4 inch gas line, second by Mrs. Swartz, carried unanimously (7-0). - Approved Minute Book Number 27 Board of Supervisors Meeting of 04/10/02 710 Upon motion made by Supervisor Tyler, seconded by Supervisor Smith, the above request 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 Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye 2. Committee Report (Capital Improvements/Buildings and Grounds) - Mr. Haymaker moved to accept the American Little League's request to construct a storage building near the compactor site at Clearbrook Park, second by Mrs. Goff, carried unanimously (7-0). 3. Committee Report (Fees and Charges) - Mr. Powell moved to deny a request from the American Little League organization to waive vendor fees relative to concession sales for their organization, second by Mr. Hartman, carried unanimously (7-0). PUBLIC WORKS COMMITTEE The Public Works Committee met on Tuesday, March 26, 2002, at 8:00 a.m. All members were present except W. Harrington Smith, Jr. The following items were discussed: ***ltems Requiring Action*** 1. Litter Control Fencing at the Landfill - Approved The landfill manager, Mr. Steve Frye, presented the results of the bid request for the proposed litter control fencing. The fencing will be 20 foot in height and include 5,325 linear feet. The low bidder was ACE Golf Netting with a price of$1 03,83 7 which included labor and materials. A motion was made by Tom Offutt and seconded by George Ludwig to approve the bid. Funds are available in the current budget to cover the cost of this project. (Attachment #1) Upon motion made by Supervisor Tyler, seconded by Supervisor Reyes, 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 ***ltems Not Requiring Action*** 1. Update on New Citizens' Convenience Site at the Landfill The Director of Public Works presented the results ofthe evaluation of alternative site #2 and the recommendations from the Landfill Oversight Committee. Basically, the construction of the convenience center at site #2 was estimated to cost approximately $500,000 more than site #1. Consequently, the oversight committee recommended that we consider re-eva1uating site #1 with an emphasis on addressing the concerns ofthe adjacent neighbors. Minute Book Number 27 Board of Supervisors Meeting of 04/10/02 ( 11 The Director of Public Works indicated that Sulphur Spring Road could be realigned to improve site distance and safety concerns that now exist within this stretch of road. In addition, a left turn lane could be added on Sulphur Spring Road at the one-way entrance to the site. The entire site could be elevated at least two (2) feet above the IOO-year flood projection to further address public concerns. To alleviate offsite runoffpollution concerns, we could install oil separators at each drainage outfall. Additional screening could be added onsite as well as offsite, if adjacent property owners would grant temporary landscaping easements. Despite the offer to implement the above improvements, the citizens who attended the meeting still remained adamant in opposition to constructing the convenience center at site #1. Consequently, John R. Riley, Jr. directed the staffto evaluate site #4 which was initially eliminated because of its apparent lack of sufficient area and very close proximity to the advancing landfill. Staffwill prepare a preliminary plan and estimate for site #4 and return the results to the committee for their review. 2. Proposed Fee Increases at the Animal Shelter The staff at the animal shelter is proposing increases in the current adoption and neuter deposit fees. Attachment #2 summarizes the proposed changes. After discussing the proposed changes, Tom Offutt requested that staff obtain statistics from the local S.P.c.A. to ascertain what impact increasing fees had on their adoption numbers. Staff will obtain this information and return the request to the committee. 3. Review of Revised Erosion and Sediment Control Ordinance Mr. Joe Wilder presented a brief update on the progress currently being made in revising the Erosion and Sediment (E & S) ordinance to conform to the current Commonwealth's E & Slaws. An ad hoc committee including Jim Vickers, Jim Wilson and Lynda Tyler had previously been formed to assist Joe Wilder in reviewing the ordinance. A meeting was scheduled for April 2, 2002, to complete this process. The final draft will be presented to the committee at the next scheduled meeting on April 30, 2002, before it is forwarded to the Code and Ordinance committee. 4. Proposed Electronics Recycling Event A second electronics recycling event has been planned for June 1,2002, at the James Wood Middle School parking lot. The attached memorandum (Attachment #3) from Gloria Puffinburger, Recycling Coordinator, dated March 15, 2002, highlights the proposed event and potential funding sources. 5. Update on Warrior Road Plans for Warrior Road have been completed and approved by the Virginia Department of Transportation. A public hearing was held on March 5, 2002, to present the project to the local residents and to receive comments. Minutes of this meeting are attached as attachment #4. We are planning to advertise the project on March 30,2002. A mandatory pre-bid meeting will be held on April 15, 2002, with bids received on April 23, 2002. Award of the project will be contingent upon approval by the board of supervisors and the Commonwealth's Transportation Board. 6. Miscellaneous R<:<rorts a) Tonnage Report (see Attachment 5) b) Recycling Report (see Attachment 6) c) Animal Shelter Dog Report (see Attachment 7) d) Animal Shelter Cat Report (see Attachment 8) ENGINEER-DIRECTOR OF THE SANITATION AUTHORITY WELLINGTON JONES ADDRESSED THE BOARD RE: EXTENSION OF WATER AND SEWER Minute Book Number 27 Board of Supervisors Meeting of 04/10/02 712 SERVICE FOR THE ROUTE 11 NORTH SERVICE AREA - FORWARDED TO PLANNING COMMISSION FOR THEIR REVIEW AND RECOMMENDATION Engineer- Director Jones appeared before the Board to present the Authority's latest initiative that supports the County's Comprehensive Plan. The Authority cares about providing affordable and reliable water and wastewater service where the Board designates to the citizens ofthe County, and in doing so, protecting public health and the environment. He advised that the Authority's purpose at this meeting involves three related items: 1. Present the master plan for water and sewer facilities for the area designated in the Northeast Land Use Plan for formal review by the county as being substantially in accord with the adopted Comprehensive Plan. 2. Is in conjunction with the project to extend water and sewer lines to the 1-81 rest area. That project was approved by the Board of Supervisors last year, upon request by VDOT. The Authority seeks approval of the extension of these lines to Clearbrook. 3. We seek the approval of the extension of water and sewer lines to the Rest Church Interchange near the West Virginia line on 81. With that approval, the Authority will construct these lines if, they prove to be feasible. Director Jones introduced the Authority's Consulting Engineer Charles Maddox ofG.W. Clifford and Associates to present the pre-technical presentation on the facilities that have been proposed. Mr. Maddox appeared before the Board at this time. He referred to the drawing directly behind the Board showing the three plans that Director Jones had referred to. He further advised that the plan is properly oriented north-south. He referred to the orange dash line showing an accurate representation of what is shown in the Comprehensive Land Use Plan that was adopted in 1996 and 2000. He referred to Route 11 running north-south through the project area. He advised that there is already a water main on Route 11 to Clearbrook, it is a 10 inch water main and has been in service since the 1980's. He addressed Interstate 81 to the west. All facilities will be located to the east of Interstate 81, with the exception of a connection to the rest stop on Interstate 81 which was subject to approval by the Board of Supervisors last year, at the request of VDOT, for the extension of service to their site. For this, VDOT has shared in the cost of the sewer system, from its connection at a pump station located on Red Bud Run in the Fort Collier Industrial Park, which has been at this location since the late 70's. That pump station was originally designed as a 600 gallon a minute station, upgraded to 1200 gallons a minute with the idea that the expansion would be necessary at some time in the future. The fourth main would be connected to that station, following Red Bud Minute Book Number 27 Board of Supervisors Meeting of 04/10/02 713 Road up to the 1-81 site, and as he said, was previously approved. The idea here being that the forced main be taken from that location to the north and including service to the Stonewall Elementary School, and stopping at the park site, which is the Clearbrook Recreation Park owned by the County's Recreation Department, and they have the ability to ultimately serve as your facility there including the swimming pool which is currently using a pump and haul service, and also the facilities within Clearbook which would include the industries and residences there. This line would follow the Winchester and Western Railroad and parallel with this in the same easement with a 20 inch transmission main. This transmission main is called for in phase II on the northern water plant project. It allows for the full capability to transfer 6 million gallons a day of water supply from the northern water plant, which is presently under construction, and due for completion in August of this year. Initially, the northern water plant will operate at about 1 million gallons per day utilizing the existing 10 inch main; however, because of the opportunity of the sewer line project, and the availability of sources of water in the Clearbrook location, the Sanitation Authority has elected to proceed with the full phase II process under the same bond issue for financing ofthese facilities. He advised that the dark blue line shown on the drawings is the 20 inch main going to Clearbrook. The second part of the service area addressed earlier by Director Jones is the site (he indicated on the map, this location) to the east of Route 11, and including everything within the water and sewer service area designation, within that area. There would be a pump station located on Hiatt's Run at the low point where all parts ofthat site drain too, and a forced main connection brought to the west. That project would also coincide with a future upgrade of the project that was approved for VDOT. That would be another pump station located near Route 11 corridor that would serve the already zoned industrial land located at that location. It would also provide a break in the hydraulic grey line of the forced main allowing the upgrade of this pump station to the full capacity needed within this study area. A water main would also traverse this site going from west to east and then north to south, including a connection to the Old Charles Town Road water main that exist and following Red Bud Road around and tying into the regional system that already exist in the location in the 1-81 Route 11 north interchange. The last part of the plan being presented to the Board tonight is the service to the Rest Church interchange area. The idea here would be to provide a linear water and sewer system paralleling Route 11 north from a connection at the northern water plant site, near the water storage tank and booster pump location along the railroad track siding and then along a Minute Book Number 27 Board of Supervisors Meeting of 04/1 0/02 714 secondary road until it connects to Route 11, and then following Route 11 up to the interchange. As you know, that bridge is being upgraded to five lanes, high capacity by VDOT, this year. There is a possibility of some Economic Development programs being available in that area for the County to consider. The sewer line would also extend up, and a pump station located down in front of what use to be the Butler Manufacturing Facility. The residences in that area would have access to gravity sewer at that point. The sewer would relay from Rest Church to Clearbrook, to the VDOT pump station, then to the pump station located on Route 11 to the Zuckerman Yards, and from there into the Red Bud lift station, which is the existing Sanitation Authority Sewer System. Supervisor Sager asked if Flying J would be served by this? Mr. Maddox replied it would have the ability to be served. Supervisor Reyes asked how the Stonewall Elementary School fits into this? Mr. Maddox advised that the school would be picked up. The forced main goes right back to the school. They currently have an existing septic field that handles a portion oftheir wastewater and the rest is pumped and hauled. They would have to construct a pump station to access this forced main. Supervisor Tyler advised that she sits on the Service Authority, and just looking and following what is going on with Anderson Associates and their recommendations, she had a few questions. She asked Mr. Maddox what the estimation amount of flow discharge was at the forced main ofthe Stonewall Industrial Park to be? Mr. Maddox replied that the initial discharge will be 325 gallons per minute, and ultimately it will be in the 800 gallon per minute range, roughly capacity for a half million gallons a day for waste waterflow. Supervisor Tyler asked if, on the main line running from the north all the way down, is any ofthis gravity feed? Mr. Maddox - small parts of it will be gravity feed, majority will be simply pump stations available for connection. Supervisor Tyler - How many pump stations are there all together? Mr. Maddox - initially proposed, just one. What we are proposing at this present time is to build the pump station at VDOT and then extend the sewage forced main on to Clearbrook for an ultimate extension into the Clearbrook Park, and that would provide availability to the Stonewall Minute Book Number 27 Board of Supervisors Meeting of 04/10/02 715 School. Ultimately, if you were to indicate to the Sanitation Authority your desires to proceed with this plan, and if they found it cost effective, which is very important and their policy, you would have one, two, three, four primary pump stations. One satellite pump station in the eastern side on Hiatt's Run. The Service Authority is studying the interceptor line issues with 1&1 Place. Mr. Jones has been studying that too, and there is a program under way to solve that problem. Supervisor Tyler - it seems to me, and maybe this is just my newness, that there is a little bit disconnect between the Frederick County Sanitation Authority and the Service Authority. She is wondering how much SWSA is enough, frankly, and another one is how do we get that connection with the Service Authority since they have to treat the sewer. Capacity ofthe plant is not an issue; however, there is main trunk line capacity that is an issue at this point, especially with the work that is going to be done on phase I. So I'm just hoping there is going to be a lot of connection between the two authorities, I'm hoping that will be the way. Director Jones - There is quite a bit of connection between the two authorizes. He was here when we designed and built the Service Authority's trunk main and treatment plant. The trunk main has adequate capacity to serve the area. The problem has to do with sur charges during heavy wet periods, and so the Sanitation Authority and the City of Winchester is actively engaged in correcting and managing infiltration inflow. We can't eliminate it, but we are doing as much as we can to minimize it, and we understand the limitation that we have in the capacity of the system to deliver service. Even if we are unsuccessful, and capacity exceeds that line, there are other ways of transporting the sewage to the Opequon Plant. Supervisor Tyler, my understanding is that would be back off of the east side, at the end, going directly to the Opequon, is that correct? Director Jones, that was one of the original ways to do it. Supervisor Tyler - You all are looking at that at this point, is that correct? Director Jones, with the flows that we expect from the current service area, no we are not looking at that. Supervisor Tyler, thank you. Chairman Shickle questioned Attorney Ambrogi as to whether this was to be forwarded to the planning commission. Attorney Ambrogi advised that the Board should vote as to whether they wanted this to be Minute Book Nnmber 27 Board of Supervisors Meeting of 04/1 0/02 116 forwarded to the planning commission for their review. Supervisor Sager moved, with Supervisor Smith seconding the motion to forward this plan to the planning commission for their review and recommendation. 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 RESOLUTION (#040-02) RE: PURCHASE OF PROPERTY BY THE SHAWNEELAND SANITARY DISTRICT - APPROVED UNDER CONSENT AGENDA On motion duly made by seconded by , and on the votes hereafter recorded, BE IT HEREBY RESOLVED that the Shawnee-Land Sanitary District of Frederick County is authorized to purchase, for and in consideration of the sum of $6,500, all of that certain lot or parcel ofland described as Lot 72, Section K, Shawnee-Land, and belonging to Charles V. Cooley and Abbye H. Cooley, recorded in Deed Book 292, Page 451, in the Office of the Clerk of the Circuit Court of Frederick County, Virginia; and that John R. Riley, Jr., County Administrator for Frederick County, is hereby authorized and directed to execute any deed or deeds accepting such conveyance on behalf ofthe Shawnee-Land Sanitary District and give receipt therefor in accordance with this RESOLUTION. BE IT FURTHER RESOLVED, that a transfer of funds in the amount of$6,500 be made from 16-8108-5806-000 (Reserve for Contingencies) to 16-8108-7700-000 (Land) is hereby approved for the purchase of said property. Passed this _ day of .2002. MUTUAL FIREFIGHTING AND EMERGENCY MEDICAL SERVICES AGREEMENT BETWEEN THE COUNTY OF FREDERICK AND COUNTY OF HARDY. WEST VIRGINIA - PULLED AS NOTED UNDER ADOPTION OF AGENDA MEMORANDUM RE: PRIMARY ROAD PLAN STATUS - POSTPONED - FORWARDED TO COUNTY TRANSPORTATION COMMITTEE FOR REVIEW AND RECOMMENDATION Administrator Riley presented this request at which time he asked the Board for some clear direction, for staff, in order that they might know how to proceed. Supervisor Sager referred to his time on the transportation committee and how a weighted system was used to determine a list of road priorities. He advised that this committee always recommended to both the Planning Commission and the Board of Supervisors both primary and secondary road recommendations. He asked if the Board is no longer in the business of recommending Primary Road Improvements, and just review the Secondary Road Improvements. Minute Book Number 27 Board of Supervisors Meeting of 04/10/02 717 Does this change the way we do business with the transportation committee to the Planning Commission and the Board of Supervisors? He would like clarification on this. Chairman Shickle asked Administrator Riley ifthe transportation committee is a committee stipulated by state code, or is it a county convenience? Administrator Riley advised county convenience. Chairman Shickle advised that he felt the issue here is only primary roads, is that correct? Administrator Riley replied, that is correct. Supervisor Tyler advised there are a number of issues and actions on our Primary Road Improvement Plan that she would like to see go forward regardless. She would like to see these reprioritized and looked at, and she feels the Board does need to submit a Priority Road Plan. Supervisor Reyes had suggested in a memo to Administrator Riley that this Board get back to a Retreat and complete their vision for Frederick County. He feels the Board would then have a clearer understanding of what the county wants in a Primary Road Improvement Plan, as well as that of the Secondary Road Improvement Plan. Supervisor Tyler advised that it is her understanding that the county needs to get their other priorities, that all the Board is in agreement with, sent to Richmond as soon as possible, by the April 15 deadline; however we can do that, to make certain that these other Primary Road Plans are carried forward. Administrator Riley explained that the Board does have a couple of options. A motion to look at the priorities, as established in the plan, exclusive of Route 37. At this point and time this is still an issue. A motion to adopt the priorities minus Route 37, or you could hold everything in ambiance until the Board has an opportunity to complete it's retreat process. Supervisor Sager advised that if Route 37 is not there, the entire Primary Road Improvement Plan needs to be reexamined. We need to go back and ask the question, what is going to serve us in this capacity the fact that Route 37 has been voted out by the majority of our Board members. He feels that everything this Board does on this subject affects not only the citizens of Frederick County, but also the City of Winchester as well as Clarke County. Maybe we need to change the way we review these plans. Supervisor Smith advised that he felt this issue was too important to vote on at tonight's meeting and he would move to postpone this and put it on the "front burner" to revamp the county's Minute Book Number 27 Board of Supervisors Meeting of 04110/02 718 Primary Road Improvement Plan. Supervisor Sager seconded this motion. Administrator Riley asked how the Board wanted him to proceed with this directive? Supervisor Smith suggested that the transportation committee make a recommendation on the prioritization ofthe other Primary Road Projects. Supervisor Smith further stated that he would drop the word "postpone" in his earlier motion and send it directly to the transportation committee to prioritize the issues, excluding Route 37. Supervisor Sager asked the directive be given to the transportation committee that they are to reprioritize the list minus Route 37, and this will be their recommendation to the Planning Commission and the Board of Supervisors. Supervisor Forrester advised that she does not have the list of priorities, but felt there was another item, that had 3 parts like, A, B,& C, and felt one of those segments referenced something to do with Route 37. Chairman Shickle advised that he felt the motion would cover anything dealing with Route 37. Supervisor Reyes asked Director Wyatt if it would be feasible for the county to have an engineer on the County Transportation Committee? Director Wyatt responded that it is his understanding that the Northern Valley Regional Commission has three that are available through the Commission. The Board might want to look into this. Supervisor Sager advised that VDOT does have an engineer that attends every transportation committee meeting, and that is Jerry Copp. The above motion was approved by the following recorded vote: Richard C. Shickle - Nay W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Nay Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye PLANNING COMMISSION BUSINESS REOUEST FROM GIS MANAGER MARK LEMASTERS FOR REMOVAL OF WILCRES LANE FROM THE ROAD NAMING SYSTEM - APPROVED Minute Book Number 27 Board of Supervisors Meeting of 04/10/02 719 Manager Lemasters advised that Henry T. Trumble, Jr, county resident, had submitted a request to remove the road name Wilcres Lane from the Frederick County Road Naming and Structure Number System. Upon motion made by Supervisor Reyes, seconded by Supervisor Forrester, 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 REOUEST FOR WAIVER TO INCREASE WOODLANDS DISTURBANCE IN AUTUMN GLEN - APPROVED AS AMENDED Assistant Planning Director Lawrence presented this request to the Board advising that the Planning Commission recommended approval of the request with the requirement that a survey description for the "perimeter tree save area" be submitted to ensure that subsequent subdivision development plans do not encroach into this area. Discussion followed as to the definition of a "tree" size, height, etc. Supervisor Sager stated that he felt a great deal ofwhat is located at this site would be termed as "brush", and if it belonged to him, he would trim it out and clean it up. Supervisor Reyes inquired as to what size of tree would be required to be planted. Assistant Director Lawrence advised of the requirement for planting oftrees in an area such as this. Supervisor Forrester asked whose responsibility it is to replace the trees that do not survive. Assistant Lawrence advised that there is a bond requirement that relates to this requirement, and that staff does monitor this. Supervisor Sager moved to allow this waiver, as he feels it will be an improvement. Supervisor Douglas seconded the motion. Supervisor Tyler stated to Supervisor Sager that she would like to get these woodlands disturbance waivers to stop coming before the Board. She asked if it were a possibility in his motion to send these to the Development Review and Regulations Committee of the Planning Commission to have this issue settled however they feel is best. Minute Book Number 27 Board of Supervisors Meeting of 04/10/02 720 Supervisor Sager stated that he did not have a problem with that, and would amend his motion to include same. The above motion was approved 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 DISCUSSION CONCERNING MODIFICATIONS TO THE ZONING AND SUBDIVISION ORDINANCES PERTAINING TO SITE PLAN AND SUBDIVISION DESIGN PLAN REOUlREMENTS - SENT BACK TO PLANNING FOR MORE INFORMATION Planner II Jeremy Camp presented this information to the Board. Discussion followed as to exactly what was being asked of the Board, and the fact that the amendments were not real clear; therefore, it was the consensus of the Board that this be referred back to the Planning staff for further review and brought back to the Board in a different format. Supervisor Reyes advised that he has seen the changes, and they are minor. DISCUSSION PERTAINING TO DRIVE-IN LANE REOUIREMENTS - APPROVED AS PRESENTED FOR PUBLIC HEARING Director Wyatt presented this information to the Board advising that drive-in lanes are required to provide a minimum width of 12 feet; however, the requirements do not specifically address the ability to provide for canopy supports and raised concrete pads for pneumatic tubes and automatic teller machines within this area. He further advised that the Planning Commission agreed the amendment was appropriate. Upon motion made by Supervisor Smith, seconded by Supervisor Forrester, the amendment to the Drive-In Lane Requirements, as spelled out above, will be scheduled for public hearing. 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 ANNUAL REPORTS DEPARTMENT AL ANNUAL WORK PROGRAMS RECEIVED AS Minute Book Number 27 Board of Supervisors Meeting of 04/1 0/02 721 INFORMATION AND BOARD REVIEW BOARD OF SUPERVISORS COMMENTS Supervisor Tyler and Forrester read prepared statements at this time in response to the Route 37 being withdrawn from the Primary Road Improvement Plan by this Board in a 4-3 vote on March 13,2002, and their views on this project and their reasons for voting as they did. (A complete copy of these statements are on file in the County Administrator's Office.) Supervisor Reyes advised that he agreed with Supervisor Tyler's and Forrester's statements and that his response would be in the Open Forum of the Winchester Star in the future. UPON MOTION BY SUPERVISOR. REYES, SECONDED BY SUPERVISOR SMITH, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME: 9:22 P.M.) Q ~LJ L '~C~IL-/ Richard C. Shickle Chairman, Board of Supervisors y1~--fI-~ Clerk, Board of Supervisors Minutes Prepared By: A~ T ':-r<.n'1 h"^ .:J Carol T. Bayliss Deputy Clerk, Board of Supervisors Minute Book Number 27 Board of Supervisors Meeting of 04/10/02