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HomeMy WebLinkAboutJanuary 09, 2002 Regular Meeting 554 A Regular Meeting ofthe Frederick County Board of Supervisors was held on January 9, 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. Shickle; 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. INVOCATION The invocation was delivered by Reverend Philip Roby of the Amazing Grace Fellowship Church. PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA County Administrator Riley advised ofthe following amendments: 1. Memorandum of Understanding and Resolution for Kraft, Inc. 2. Supervisor Forrester - Committee appointments from her district. 3. Announcement of County Personnel Director's retirement. 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 for approval under the consent agenda: 1. Parks and Recreation Commission Report - Tab P; 2. Emergency Communications Commission Report - Tab Q. -- Chairman Shickle asked that these tabs remain on the agenda as he did have some questions; therefore, there was no consent agenda for this meeting. CITIZEN COMMENT Minute Book Number 27 Board of Supervisors Meeting of 01109/02 555 Ed Butler, Stonewall District, appeared before the Board on behalf ofthe Clearbrook Citizens for Safety. He advised that on February 13, the request of Mr. Fuel will once again appear before the Board for a truck stop on Route ll. He expressed to the Board that he hoped the citizens in this area would have their support in denying this request. Walt Curmingham, Stonewall District, thanked Frederick County for their generous support of Fire & Rescue for many years. Mike McMillan, Opequon District, addressed the proposed Regional Water Authority. He advised that on December 3, VISION sponsored an educational forum concerning the regional water authority proposaL On December 12, the Board of Supervisors voted to postpone their decision on this proposaL He feels that as a community, and a region, the county is now at a point were they need to decide how to move forward and address both the issues and the proposal itself. He advised there are a number of unanswered questions remaining in the over view of the projects themselves, and there is no five year cost review in the proposaL He further advised that there is no public understanding or consensus on the regional water authority proposal. He feels there is a need for both water quality and quantity to be considered. Tom Stephenson, Stonewall District, also a member of Clearbrook Committee for Safety. He addressed the area oflaw enforcement in this area. He feels the deputies are doing an excellent job; however, the truckers are paying no attention to the laws that are currently in effect. A deputy is in the process of issuing a ticket to a trucker for parking in a NO PARKING area, while at the same time another trucker will pull right up and park behind him. He feels it is definitely a safety issue and asked the Board to do anything they could to try and get this corrected. Catherine Whitesell, Back Creek District, updated the Board on the Fort Collier Civil War Proj ect. They are currently awaiting Park approval on the appraisal that was submitted, and she feels this should be forthcoming within the next week. They are anxious to move ahead on this project. Sharon Boyd, Gainesboro District, stated that her faith in democracy has been restored. Her faith in God and her country has also been restored. She feels that truth, and goodness, and honesty do prevail and they are reflective in each ofthe Board members. She thanked each Board member for all the sacrifices they have made and for all they have given on behalf of the county. Pam Kennedy, Stonewall District, she encouraged Board members to depart from what has been "business as usual". She encouraged them to deal with issues and concerns on a proactive basis Minute Book Number 27 Board of Supervisors Meeting of 01109/02 556 rather than a reactive "douse the flames" posture that earlier Board's have adopted. She advised of the several things that would have to take place in order for this to happen. She referred to an article that appeared in Preservation Magazine about Montgomery, Maryland and what various problems they have had concerning growth and how they have dealt with them. She felt this article would be of great interest to Board members. She further advised the Board to ask for help, not only from the citizens in their district, but also to the colleges within the state. Mark Stivers - Stonewall District, thanked the Board for their many sacrifices on behalf of the county. He has great confidence in the Board being able to work together, not only as a Board, but also with county citizens for the betterment ofthe county. He congratulated the two new Board members as well as Supervisor Smith on his reappointment. He feels the new Board will be able to work together in order to achieve what is best for the entire citizenry of Frederick County, and he sincerely thanked the Board members for all they do and will be doing within the future years. MINUTES Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the minutes of the Regular Meeting of December 12, 2001 were approved, as submitted, 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 - Abstained Gina A. Forrester - Abstained Supervisors Forrester and Tyler abstained from voting on these minutes as they were not Board members at the time of this meeting. COUNTY OFFICIALS ORGANIZATION OF THE BOARD OF SUPERVISORS FOR 2002 - PURSUANT TO STATE LAW. THE BOARD IS REQUIRED TO ORGANIZE ITS FUNCTIONS AT ITS FIRST MEETING IN JANUARY TO INCLUDE THE FOLLOWING: Election of Vice-Chairman Upon motion made by Supervisor Douglas, seconded by Supervisor Reyes, Supervisor W. Harrington Smith, Jr. was appointed as Vice Chairman of the Board of Supervisors for 2002. The above motion was passed by the following recorded vote: Richard C. Shickle - Aye Minute Book Number 27 Board of Supervisors Meeting of 01109/02 557 W. Harrington Smith, Jr. - Abstained Margaret B. Douglas - Aye Robert M. Sager - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye Selection of Time and Place of Meetinl: Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the second and fourth Wednesdays of each month, at 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 2002. 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 1. Tyler - Aye Gina A. Forrester - Aye Supervisor Forrester requested to have this item discussed at the upcoming Board retreat. AdoDtion of Rules of Order Upon motion made by Supervisor Smith, seconded by Supervisor Tyler, Robert's Rules of Order, Simplified and Applied, was adopted as the Rules of Order for the Board of Supervisors for 2002. 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 Supervisor Smith, seconded by Supervisor Reyes, John R. Riley, Jr., County Administrator, was appointed as Parliamentarian for the Board of Supervisors for 2002. 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 Minute Book Number 27 Board of Supervisors Meeting of 01109/02 558 Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye Board Appointments to Various Boards. Commissions and Committees Chairman Richard C. Shickle, presented the following 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 Committee (Formerly Law Enforcement and Courts Committee); Code & Ordinance Committee; Social Services Board; and Transportation Committee. Margaret B. Douglas: Chairman of the Personnel Committee; Public Safety Committee (Formerly Law Enforcement and Courts Committee); Agricultural District Advisory Board and Extension Leadership Council. Sidney A. Reyes: Chairman of the Code and Ordinance Committee; Fire and Rescue Association; Handley Regional Library Board Liaison; and Planning Commission. Lvnda .T. Tvler: Chairman of the Public Works Committee; and Parks and Recreation Commission.(appointed later in this meeting to the Frederick-Winchester Service Authority). Gina A. Forrester: Finance Committee, Personnel Committee; and Sanitation Authority. Reappointment! Appointment of Citizens to Various County Boards. Commissions and Committees: The following committee appointments were made: Code and Ordinance Supervisor Reyes, Chairman Supervisor Sager Stephen G. Butler Michael L. Bryan Finance Committee Supervisor Smith, Chairman Supervisor Forrester 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 Safetv Committee (Formerly Law Enforcement and Courts Committee) Supervisor Sager, Chairman Supervisor Douglas James L. Hockman Vickie Wilkins David A. Fahnestock Minute Book Number 27 Board of Supervisors Meeting of 01/09/02 59 Personnel Committee Supervisor Douglas, Chairman Supervisor Forrester Dr. Verne E. Collins Philip C. G. Farley Bill Still Public Works Committee Supervisor Tyler - Chairman Supervisor Smith George H. Ludwig James T. Wilson Thomas J. Offutt, Jr. James T. Vickers CYNTHIA GREER APPOINTED TO CHAPTER 10 BOARD TO FILL THE UNEXPIRED TERM OF PHILIP J. ARMEL Upon motion made by Supervisor Sager, seconded by Supervisor Reyes, Cynthia Greer of Stephens City, was appointed to the Chapter 10 Board to fill the unexpired term of Philip 1. Armel who has resigned due to employment reasons. This term will expire on December 31, 2002. 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 SUPERVISOR FORRESTER MADE THE FOLLOWING COMMITTEE APPOINTMENTS FOR RED BUD DISTRICT Jim Lockard - Historic Resources Advisory Board (4 year term) Pat Gochenour - Planning Commission - (4 year term) Marie F. Straub - Planning Commission - (4 year tenn) Marie F. Straub - Transportation Committee - (4 year term) Upon motion made by Supervisor Forrester, seconded by Supervisor Reyes, the above appointments were 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 DIANA L. HEISHMAN REAPPOINTED TO EXTENSION LEADERSHIP COUNCIL FROM SHAWNEE DISTRICT Minute Book Number 27 Board of Supervisors Meeting of 01/09/02 560 Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, Diana L. Heishman was reappointed to the Extension Leadership Council from Shawnee District. This is a four ycar appointment. This term will commence on January 14,2002 and expire on January 14, January 14, 2006. The above appointment 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 M. RACEY. II REAPPOINTED TO THE TRANSPORTATION COMMITTEE FROM SHAWNEE DISTRICT Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, James M. Racey, II was reappointed to the Transportation Committee from Shawnee District. This is a four year term. This term will commence on January 13, 2002 and expire on January 13,2006. 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 DON TAYLOR REAPPOINTED TO THE TRANSPORTATION COMMITTEE FROM STONEWALL DISTRICT Upon motion made by Supervisor Tyler, seconded by Supervisor Smith, Don Taylor was reappointed to the Transportation Committee from Stonewall District. This is a four year term. This term will commence on January 13, 2002 and expire on January 13,2006. 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 ADMINISTRAtOR RILEY REAPPOINTED TO THE LORD FAIRFAX DISABILITY SERVICES BOARD Minute Book Number 27 Board of Supervisors Meeting of 01109/02 561 Upon motion made by Supervisor Sager, seconded by Supervisor Douglas, Administrator Riley was reappointed to the Lord Fairfax Disability Services Board. This is a three year term. This term will commence on January 31, 2002 and expire on January 31,2005. 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 1. Tyler - Aye Gina A. Forrester - Aye JAMES W. GOLLADAY. JR. REAPPOINTED TO THE WINCHESTER- FREDERICK COUNTY ECONOMIC DEVELOPMENT COMMISSION Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, James W. Golladay, Jr., was reappointed to the Winchester-Frederick County Economic Development Commission. This is a three year appointment. This term will commence on January 31,2002 and expire on January 31,2005. 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 (#024-02) RE: CHANGES IN THE PRIMARY AND SECONDARY SYSTEM DUE TO RELOCATION AND CONSTRUCTION ON ROUTE 800 - APPROVED Administrator Riley presented this resolution to the Board. Upon motion made by Supervisor Reyes, seconded by Supervisor Douglas, the following resolution was approved: WHEREAS, the Virginia Department of Transportation has provided this board with a sketch dated December 7,2001 depicting required changes in the Primary and Secondary Systems of State Highways, which sketch entitled "Changes in the Primary and Secondary Systems Due to Relocation and Construction on Route 800, Project 0800-034-239, N501 ,"is hereby incorporated by reference; and WHEREAS, a new road identified in Red has been constructed to provide access to the Eastgate Industrial Park utilizing industrial access funds and bonded by the County of Frederick by Resolution of Support, Resolution #044-00, dated May 10, 2000; NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, requests the Virginia Department of Transportation add to the Secondary Minute Book Number 27 Board of Supervisors Meeting of 01109/02 562 System of Highways the portion identified in Brown on the aforementioned sketch, pursuant to 33.1- 229 of the Code of Virginia, 1950, as amended; and BE IT FURTHER RESOLVED, that the Board of Supervisors for the County of Frederick, requests that the Virginia Department of Transportation add to the Secondary System of Highways the portion identified in Red on the aforementioned sketch, pursuant to 33.1-229 of the Code of Virginia, 1950, as amended; and BE IT FINALLY RESOLVED, that a certified copy ofthis resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ADOPTED this 9th day of January 2002. 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 TO SCHEDULE DATE FOR THE ANNUAL PLANNING COMMISSION RETREAT - APPROVED FOR MARCH 16.2002 Administrator Riley advised the Board that perhaps they would want to select a date for the Board retreat before deciding on the Planning Commission Retreat. Following the check of everyone's calendars, it was the consensus that the weekend of February 15, 16, and 17 would be good dates for the Board retreat, with the location being announced later. The Planning Commission retreat would be held on Saturday March 16 at Wayside Inn in Middletown. Upon motion made by Supervisor Reyes, seconded by Supervisor Tyler, the above dates were 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 REIMBURSEMENT CLAIM BY COUNTY RESIDENT STEVEN HENDERLITE - APPROVED Assistant County Administrator Tierney presented this request and background information to the Board. This request is being made by county resident Steven Henderlite in a claim he has submitted Minute Book Number 27 Board of Supervisors Meeting of 01109/02 563 for $3,109.60 against the county for expenses incurred as a result of relocating an excavated area for the foundation of a single family home. He further explained that Public Works Director Ed Strawsnyder has advised that in his review of the location, he feels the amount could be reduced to $2,048.60 since Mr. Henderlite would have to remove approximately four feet of organic material present at the location and backfill with stone prior to placing the foundation for the garage. Supervisor Smith moved to approve the request of Mr. Henderlite for the full amount with Supervisor Douglas seconding the motion. Supervisor Reyes stated that he is in agreement with Director Strawsnyder's opinion ofthe situation. Supervisor Smith stated that he felt this has been a great inconvenience for Mr. Henderlite and he needs to be paid the full amount. Assistant Administrator Tierney advised that he has discussed this with Director Wyatt and he advised that sufficient funds were available within Planning's budget to cover this refund. Supervisor Forrester inquired as to how much time was involved from the time the permit was issued to when the error was brought to staffs attention. Following further discussion, it appeared that some three weeks had elasped from the time of Mr. Henderlite's complaint before action was taken by staff. Assistant Tierney explained what has been put in place by the planning department to make sure something like this does not happen again. 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 - Aye Sidney A. Reyes - Nay Lynda J. Tyler - Aye Gina A. Forrester - Nay CIVIL WAR PRESERVATION TRUST REOUEST FOR LETTER OF SUPPORT- APPROVED AS AMENDED Assistant Administrator Tierney presented this request to the Board. Chairman Shickle advised that he had concerns; however, he would support a letter. Following additional comments, it was the consensus ofthe Board that the last two sentences ofthe form letter, presented in the agenda, be deleted and forwarded to the appropriate individual. Minute Book Number 27 Board of Snpervisors Meeting of 01109/02 56 Upon motion made by Supervisor Reyes, seconded by Supervisor Sager, the letter of support, as requested by the Civil War Preservation trust, with the deletion of the last two sentences, 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 (#027-02) AND MEMORANDUM OF UNDERSTANDING FOR KRAFT. INC. FOR EXPANSION OF THEIR LOCAL PLANT - APPROVED Administrator Riley advised that this Memorandum of Understanding (MOD) and resolution was being presented on behalf of Kraft, Inc., in order that they might expand their current operation located in Ft. Collier Industrial Park. Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the following Resolution and MOU was approved: WHEREAS, Kraft, Inc. currently operates in Ft. Collier Industrial Park and has made known its intent to expand its operations; and WHEREAS, the company meets the policy guidelines of the Frederick County Economic Development Incentives Fund as established by the Winchester-Frederick County Economic Development Commission in 1995; NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia does hereby appropriate $200,000 to be designated to the Frederick County Industrial Development Authority from the State of Virginia. Funds will be disbursed to Kraft, Inc. to implement an equipment expansion. BE IT FURTHER RESOLVED, that funds will be disbursed upon receipt of funds from the Governor's Opportunity Fund in the amount of$200,000; and BE IT FURTHER RESOLVED, that said funds are subject to an executed Memorandum of Understanding outlining a performance criteria of the county. BE IT FURTHER RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does authorize the county administrator to execute this document on its behalf. ADOPTED, this 9th day of January, 2002. MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING, dated ,2002, evidences the agreement among FREDERICK COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "County"), the INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF FREDERICK, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "IDA"), the WINCHESTER - FREDERICK COUNTY ECONOMIC DEVELOPMENT COMMISSION, a joint commission of the City of Winchester and Frederick County, Virginia (the "Commission"), and Kraft, Inc., a Delaware Corporation, regarding an Minute Book Number 27 Board of Supervisors Meeting of 01109/02 565 equipment expansion in their Fort Collier Industrial Park facility. Inducement To Expand. To induce Kraft to implement this building and equipment expansion and, thereby provide $25,000,000 in machinery and tools values and $4,000,000.0 in a new building addition in Frederick County, Virginia by April 30, 2003, (the "Project"), the County agrees to make a cash grant to the IDA in the amount of Two Hundred Thousand Dollars ($200,000.00) and that the IDA, in turn, shall make a cash grant to Kraft in an identical amount for equipment expansion purposes within the facility as an incentive to implement this expansion in Frederick County (and the IDA hereby agrees to do so) within ninety (90) days ofthe project start. In addition, the IDA shall serve as the administrator for the $200,000.00 Governor's Opportunity Fund. These grants shall be used by Kraft for the purposes of payment for or reimbursement of such equipment purchase costs. Conditions: (a) Kraft shall diligently pursue such application and procure such approvals from various commercial lending interests to pursue adequate funds to equip the Facility with the new equipment; (b) All incentives described herein shall be provided as and by when indicated; Cooperation. The County and the Commission agree to cooperate with Kraft, its equipment suppliers and its equipment contractor in connection with helping Kraft meet its equipment implementation deadline so that the Facility is equipped by no later than April 30, 2003. Time is of thc essence of this Agreement. Nothing in this paragraph shall be interpreted to require the County to issue any permits unless and until all conditions for such permits have been met. Binding. This Memorandum of Understanding shall be binding upon and inure to the benefit of the parties and their respective successors upon the date of the acceptance ofthis Memorandum of Understanding. In the event Kraft fails for any reason to 1.) have fully operational $25,000,000.00 in new machine and tool values by April 30, 2003, and invest $4,000,000 00 in a new building addition and 2.) remain located in Frederick County for a full four year period, beginning April, 2003, and 3.) create 75 net new production jobs associated with this project during the year 2003, upon written demand of the IDA, Kraft shall refund to the IDA the local grant and the Governor's Opportunity Fund grant such portion of the $200,000.00 grants as is proportionate to these stipulations. The IDA will in turn refund the Governor's Opportunity Fund portion to the Commonwealth. Kraft agrees to repay whichever amount is larger should they default on remaining in Frederick County or on the machinery and tool values and building commitment or on the increase of its production job requirements. This Agreement shall not be assigned by any party. If Kraft has met 90 percent of the investment and employment goals set forth in this agreement by April 30, 2003, and remains fully operational for four years until at least April, 2007, then and thereafter Kraft is deemed to have substantially complied and is no longer obligated to repay any portion of the grants provided to it hereunder. If Kraft has not executed this Memorandum of Understanding by March 1, 2002, or has not begun the implementation process for this project by April I, 2002, this Memorandum of Understanding shall be null and void. THE COUNTY OF FREDERICK, VIRGINIA By John R. Riley, Jr. This day, John R. Riley, Jr., County Administrator of the County of Frederick, appeared before me, a notary public for the State of Virginia, at large, and did acknowledge his signature above fixed all in my state aforesaid. My commission expires Given under my hand this day of ,2002. Minute Book Number 27 Board of Supervisors Meeting of 01109/02 566 Notary Public INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF FREDERICK, VIRGINIA BY: TITLE: DATE: COUNTY OF FREDERICK, VIRGINIA BY: TITLE: DATE: WINCHESTERlFREDERICK COUNTY ECONOMIC DEVELOPMENT COMMISSION BY: TITLE: DATE: KRAFT,INC. BY: TITLE: DATE: 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 PERSONNEL DIRECTOR ANN KELICAN TO RETIRE. EFFECTIVE MAY 1. 2002 Administrator Riley advised the Board that he has been notified by Personnel Director Ann Kelican that she will be retiring from the county, after thirty years of service, effective May I. Following discussion it was the consensus of Administrator Riley and the Board that this position would be advertised. All applications would then be reviewed by Administrator Riley, with a short list being presented to the Board for their review prior to a final decision. Minute Book Number 27 Board of Supervisors Meeting of 01109/02 567 Upon motion made by Supervisor Sager, seconded by Supervisor Forrester, the Director of Personnel position will be advertised. 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 PUBLIC HEARING PUBLIC HEARING - AMENDMENT (RESOLUTION #025-02) TO THE 2001-2002 FISCAL YEAR BUDGET - PURSUANT TO SECTION 15.2-2507 OF THE CODE OF VIRGINIA. 1950. AS AMENDED. THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO AMEND THE 2001-2002 BUDGET TO REFLECT: ADMINISTRATION RENOVATION CAPITAL PROJECT FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $800.000.00. THESE FUNDS REPRESENT BOND PROCEEDS FOR THE COMPLETION OF THE THIRD FLOOR. ADMINISTRATION BUILDING. LOCATED AT 107 NORTH KENT STREET. WINCHESTER, VIRGINIA - APPROVED Administrator Riley explained that a public hearing was necessary for any expenditure over $500,000. There was no public input. Upon motion made by Supervisor Douglas, seconded by Supervisor Sager, the following amendment/resolution was approved: WHEREAS, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on January 9, 2002, took the following action: NOW, THEREFORE, BE IT RESOL VED, by the Board of Supervisors that the FY 2001- 2002 Budget be Amended to Reflect: Administration Renovation Capital Project Fund Supplemental Appropriation in the Amount of $800,000.00. These Funds Represent Bond Proceeds for the Completion of the Third Floor, Administration Building, Located at 107 North Kent Street, Winchester, Virginia. ADOPTED this 9th day of January, 2002. 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 PLANNING COMMISSION BUSINESS Minute Book Number 27 Board of Supervisors Meeting of 01109102 568 PUBLIC HEARINGS PUBLIC HEARING - REZONING #11-01 OF APAC - VIRGINIA. INC. AND L.F. FRANKLIN & SONS. INC. SUBMITTED BY G.W. CLIFFORD & ASSOCIATES. INC. TO REZONE 7.45 ACRES FROM RA (RURAL AREAS) TO B3 (INDUSTRIAL TRANSITION). THIS PROPERTY IS LOCATED AT THE NORTHEAST OUADRANT OF THE INTERSECTION OF ROUTE 11 AND ROUTE 664 NEAR STEPHENSON AND IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 44-A-89 AND 44-A-89A IN THE STONEWALL MAGISTERIAL DISTRICT - APPROVED AS AMENDED Assistant Planning Director Eric Lawrence presented this request to the Board advising that staff and Planning Commission recommended approval. Supervisor Forrester inquired about sewer service in this area. Chuck Maddox, with G.W. Clifford & Associates, appeared before the Board at which time he explained that sewer is presently served by septic field. He further explained that they have worked with this for about two years with a number of different ways being tried; however, nothing worked and that is when they realized a rezoning would have to be done. He further explained that a small package plan could be installed if necessary. Chairman Shickle asked about the Historic Battlefield area. Assistant Lawrence advised that there is a church on the property. There was no public input. Upon motion made by Supervisor Tyler, seconded by Supervisor Smith, Rezoning #11-01 of AP AC - Virginia, Inc. and L. F. Franklin & Sons, Inc., was approved with the understanding that a sewer package would be included if it was deemed necessary. 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 OTHER PLANNING ITEMS REVISION OF MASTER DEVELOPMENT CANTERBURY-APPROVED PLAN WESTMINSTER Assistant Lawrence presented this request to the Board advising that staff and Planning Commission recommended approval. He further advised that this request is to revise the Westminster Canterbury master development plan in order to relocate two residential cottages. The Minute Book Number 27 Board of Supervisors Meeting of 01109/02 569 cottages would be placed closer to adjoining properties as identified on the approved master development plan; therefore, staff felt it would be appropriate for the Board of Supervisors to review the project request. Chairman Shickle questioned as to whether the houses were too close to the property line. Supervisor Reyes stated that there was one citizen that spoke against this. Assistant Lawrence advised that he is satisfied, since it was explained to him. Chairman Shickle stated that he knows this meets all codes, but he still is not comfortable with what they want to do. Administrator Riley explained further to Chairman Shickle exactly what was being requested and why. Chairman Shickle stated that he was satisfied with Administrator Riley's response. Upon motion made by Supervisor Reyes, seconded by Supervisor Forrester, the revision to the Master Development Plan of Westminster Canterbury 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 MASTER DEVELOPMENT PLAN - SHAWNEE VILLAGE - APPROVED Chairman Shickle advised that he would be abstaining from any discussion or vote on this request due to a possible conflict of interest. Planner II Jeremy Camp presented this request to the Board advising that staff and Planning Commission recommended approval ofthis request for 64 apartments and 64 single- family detached cluster and/or zero lot line dwellings. Supervisor Smith requested information on what the developer was going to do on Tasker Road. Planner Camp advised that this has been discussed with VDOT. Supervisor Smith asked if before any occupancy could take place, that the three lanes in question, would have to be constructed. Chuck Maddox, ofG.W. Clifford Associates, appeared before the Board at which time he Minute Book Number 27 Board of Supervisors Meeting of 01109/02 570 explained that there is an agreement with VDOT, as to what has to be done as far as the three lanes being constructed on Tasker Road. He further addressed the problem on Chinkapin Dri ve and those wanting to make a left hand turn in order to get onto this road. Supervisor Sager advised that he has a problem with the entrance closest to the bridge. This request is for sixty-four apartments, and this concerns him as he drives this road every day, and knows the danger that already exists at this location. Supervisor Forrester stated that there is no indication of the single family area, and asked if there is a reason for that. Mf. Maddox replied that they normally wait until after the Board acts on this request at which time this information is completed. Supervisor Forrester asked that Director Wyatt comment on what Mr. Maddox had said. Director Wyatt explained the steps involved with staffin a Mastcr Devclopmcnt Plan. Hc did explain that the occupancy permit will be issued before the road is in place. Supervisor Smith advised that he would like to see something in place to have this road improvement done before there is additional traffic on this already very heavily traveled road. He further advised that he is in favor of having the second entrance abolished. Supervisor Reyes asked ifVDOT could speak to the second entrance. Director Wyatt advised that VDOT staff is in agreement with having the second entrance abolished. Upon motion made by Supervisor Reyes, seconded by Supervisor Sager, the Master Development Plan of Shawnee Village was approved with the understanding that the second entrance, to the west closest to the bridge, be abolished. The above motion was approved by the following recorded vote: Richard C. Shickle - Abstained 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 MASTER DEVELOPMENT PLAN - SOUTHERN HILLS - APPROVED Planner II Jeremy Camp presented this request to the Board advising that staff and Planning Commission recommended approval ofthis request, for 225 single -family detached traditional lots. Minute Book Number 27 Board of Supervisors Meeting of 01109/02 71 Upon motion made by Supervisor Sager, seconded by Supervisor Douglas, the Master Development Plan for Southern Hills was approved, as presented, by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Ir. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda I. Tyler - Aye Gina A. Forrester - Aye SUBDIVISION APPLICATION OF STONEBROOK. L.C. - APPROVED Planning Director Wyatt presented this request to the Board advising that staff and Planning Commission recommended approval of this request for a subdivision of a 20.8559-acre tract into three lots; two single-family lots and one lot retained for the fitness club. Upon motion made by Douglas, seconded by Supervisor Smith, the subdivision application request of Stone brook, L.C. was approved, as presented, by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Ir. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda I. Tyler - Aye Gina A. Forrester - Aye REVISION OF ROAD NAME CHANGE POLICY - APPROVED GIS Manager Marcus Lemasters appeared before the Board at which time he explained that since the establishment of the County Road Name Change Request policy in March, 1992, many changes have occurred in the handling of road name change requests. The original policy required the department of planning and development to collect a fee of$150.00 to cover the cost of sign replacement with a portion of the fee to be refunded, ifthe request was denied. He further explained that the Public Works Department now manages and budgets for the production, placement, and replacement of street name signs. After a road name change request is approved by the Board of Supervisors, Public Works contacts the applicant for sign replacement charges. Manager Lemasters is therefore requesting that the planning department no longer be involved in this process, and that it be handled solely by the Public Works Department. Chairman Shickle stated that there would no longer be a committee assigned to this. Manager Lemasters replied that was correct. Discussion followed between Board members and staff concerning duplication of names in Minute Book Number 27 Board of Supervisors Meeting of 01109/02 57 the county and like names in the City, and Chairman Shickle has a problem with the charge that is in place for this service. Assistant Administrator Tierney explained that there is a lot of history behind this policy. Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the policy request, as made by GIS Manager Lemasters, 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 Supervisor Reyes advised that he feels if this is a safety issue, then the county should pay for it, not the resident. COMMITTEE REPORTS LAW ENFORCEMENT AND COURTS COMMITTEE REPORT Supervisor Sager presented this report to the Board. The Law Enforcement and Courts Committee met on Tuesday, December 11, 2001, 4:00P.M., in the First Floor Conference Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were Chairman of the Committee Robert M. Sager, Supervisor Margaret B. Douglas; Committee Members James L. Hockman and Vickie Wilkins; County Administrator John R. Riley, Jr.; and Sheriff Robert T. Williamson. County Attorney Lawrence R. Ambrogi and committee member David A. Fahnestock were absent. The committee submits the following for information only, no action is required: ***Items For Information Only*** 1. Discussion of the Sheriff's Department's Fiscal Year 2002-2003 Bud!!et - For Information Only The committee reviewed the Fiscal Year 2002-2003 budget for the Sheriff s Department and recommends approval as submitted, with the exception ofthe supplemental budget. 2. Format of the Committee - Approved as Recommended The county administrator briefed the committee on the possibility of reformatting the committee from the Law Enforcement and Courts Committee to the Public Safety Committee. Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the above suggestion 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 Minute Book Number 27 Board of Supervisors Meeting of 01/09/02 573 Lynda J. Tyler - Aye Gina A. Forrester - Aye Chairman Shickle advised that he would like to have Fire & Rescue and Emergency Communications included as part of this change. PARKS AND RECREATION COMMISSION REPORT - MEETING OF NOVEMBER 20. 2001 - APPROVED The Parks and Recreation Commission met on November 20, 2001. Members present were: Robert Roper, Charles Sandy, Robert Hartman, John Powell, Margaret Douglas. Submitted for Board Information Only: 1. Request for Cosponsorship - Mr. Hartman moved to accept the American Legion Baseball League as a cosponsored group, seconded by Mr. Powell, carried unanimously (4-0). 2. Driver authorization policy - Mr. Sandy moved to adopt the driver authorization policy, seconded by Mr. Powell, carried unanimously (4-0). Chairman Shickle questioned this policy. Administrator Riley advised that he did not have the answers, but would check with Director Doran and get back with him. 3. FY 2002-03 Budget Request - Mr. Hartman moved to adopt the department FY 2002-03 budget request, seconded by Mr. Sandy, carried unanimously (4-0). PARKS AND RECREATION COMMISSION REPORT - MEETING OF DECEMBER 18. 2001 The Parks and Recreation Commission met on December 18, 2001. Members present were: Robert Roper, Charles Sandy, Robert Hartman, John Powell, Joyce Duvall, Clarence Haymaker Submitted for Board Information Only: 1. Policy Update - Mr. Hartman moved to adopt the revised Telephone/Wireless Phone Use Policy, seconded by Mr. Powell, carried unanimously (6-0). Chairman Shickle has some questions about this policy. Administrator Riley advised that he would check this also with Director Doran and get back with Chairman Shickle with the information. EMERGENCY COMMUNICATIONS COMMISSION REPORT The Frederick County Emergency Communications Commission met Monday December 17, 2001 at 4:30 p.m. Commission members present were County Administrator John Riley, Sheriff Robert Williamson, Frederick County Fire & Rescue Director Gary DuBrueler, Walt Cunningham, Steve Eells, and Ginger Whitacre. ***Items Not Requiring Action*** 1. Tower Update The electric and phone were installed today at the tower site. Tuesday we will be opening Minute Book Number 27 Board of Supervisors Meeting of 01109/02 5 -r bids for the antenna equipment. Bill Pifer (Sheriffs Deputy) will be doing the wiring at the site. We are optimistic that the tower will be operational mid-January. 2. Communications Staffing and Pav Increase Ginger Whitacre submitted the FY 03 budget memo detailing the need for a Career Development Program within the department in order to increase the pay for dispatchers. Weare having a difficult time retaining and attracting new dispatchers because of the stress level and low pay. The beginning salary falls at the bottom of the scale when compared to surrounding salaries, including the City of Winchester which is approximately $1200.00 higher. The Wireless Board has increased their percentage on reimbursement for salaries to 10.42 %, this will give us $56,374.53 in reimbursements next year. John Riley suggested that we submit the reclassification at the next Personnel Committee meeting. Chairman Shickle asked who was the Wireless Board. Administrator Riley advised they are the Virginia Wireless E911 Service Board. 3. Communications Budget A motion was made to send the budget forward. John Riley abstained. 4. New Business John Riley suggested that the ECC combine with the Public Safety Committee. Steve Eells would become a member supporting the Communications Center. Mr. Eells was in agreement. 5. Meeting Date The next meeting of the Commission will be when the tower is completed, approximately the middle of January. BOARD OF SUPERVISORS COMMENTS Supervisor Tyler advised that she had been meeting with various staff members, which she feels has been very informative and helpful. She thanked Chairman Shickle for his assistance in information about county operations and functions of the various committees and commissions. UPON MOTION MADE BY SUPERVISOR SAGER, SECONDED BY SUPERVISOR REYES, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME: 9:44 P.M.) K-J---Y ~-^-) Richard C. Shickle Chairman, Board of Supervisors '~f . /-1- ..:. l/..-"' ;fOhn R. Riley, r. 'elerk, Board of Supervisors Minute Book Number 27 Board of Supervisors Meeting of 01109/02 575 Minutes Prepared By: ^ 11 -..--,;, / lli.tic-c I, - -Lx, ~1 tL"'-cV Carol T. Bayliss Deputy Clerk, Board of Supervisors Minute Book Number 27 Board of Supervisors Meeting of 01/09/02