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February 13, 2002 Regular Meeting 609 A Regular Meeting of the Frederick County Board of Supervisors was held on February 13, 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; 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 Philip Roby of the Amazing Grace Fellowship Church. PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA Administrator Riley advised under Planning Commission Business, Public Hearings, Tabs H and I have been pulled at the request of the applicant. Upon motion made by Supervisor Sager, seconded by Supervisor Smith, 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 items for approval under consent agenda: 1. Waiver Request for Exceptions to Zoning Ordinance - Orrah Adams Est/Charles Adams - Tab 0; 2. Waiver Request for Exceptions to Subdivision Ordinance - O. L. Payne/Ruth B. Payne- TabP; 3. Parks and Recreation Commission Report - Tab Q. Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the consent agenda, as noted above, was approved by the following recorded vote: Richard C. Shickle - Aye Minute Book Number 27 Board of Supervisors Meeting of 02/13/02 61 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 COMMENTS Kevin Kennedy, Gainesboro District, happy to see the work that is being done by the new Board. He asked the Board to be ever more vigilant in protecting our county. To delay any residential development, whether previously approved or not, until it can be assured that there will be adequate water and roadway resources to handle the needs that will be created by these developments. Tom Stephenson, Stonewall District, he advised that he would like to address the Mr. Fuel issue even though he knows that it is not on this meeting agenda, as it has been requested to be postponed until June. He further advised that this request has been in "the works" for three years and the Clearbrook Citizens for Safety are asking the Board to limit further extensions for this matter as they feel three years is plenty long enough to gather any information they may need. They are asking that it be brought before the Board and that a decision be made one way or the other. Pam Kennedy, Gainesboro District, she addressed that statement that has been made by some with regard to seeing a number of the same faces at the Board meetings. The question is who are these people. She explained they are a united front linked together by residency in Frederick County, sharing a concern that Frederick County is as good as it can possibly be. She addressed the fact that there is a shortage of water caused by unrestricted and unplanned growth that have created transportation problems that have come to resemble Northern Virginia's. She stated that the Board's citizens ask them to recognize a reality, and it is a troubled reality. She asked the Board how will they deal with it. She stated this must be done with untainted eyes. Why are the citizens at the Board meetings, simply because they care. George Sempeles, Red Bud District, he addressed the TGrant that the Board endorsed not too long ago at the request of the Civil War Preservation Trust. Not long after that this same group came back and asked for an additional endorsement of another grant. Today, this same group will ask the Board for $250,000 from taxpayer's money, the "rainy day" fund. He feels given the financial status of the State, that we are reading about every day, he does not feel this is the time for Minute Book Number 27 Board of Supervisors Meeting of 02/13/02 611 the county to provide these funds. Catherine Whitesell, Back Creek District, she advised there are two groups. The Shenandoah Valley Battlefield Foundation National Historic District Foundation, and the Civil War Preservation Trust. The Civil War Preservation Trust is willing to bring in $250,000 to this county. The Battlefield Foundation is willing to bring in $250,000. These funds would then be matched by federal dollars by another $500,000. In order for this to be done they need a partnership, Frederick County is being asked for one-fifth of this, another $250,000. These funds do not go to the Civil War Preservation Trust, she wanted to make that very elear, neither does the T21 money. David Darsie, Stonewall District, commented on good and bad reading in the newspaper. He is very excited about the battlefield initiative. He referred to a resolution dated May 24, 2000, approved unanimously by the Board of Supervisors. He asked the Board to stand behind their words and resolution made to the county. He referred to comments made by Assistant Tierney concerning the water and sewer service authority area stating this had distressed him. He cannot possibly see how the Comprehensive Plan sets the sewer water service authority area. The Northeast Land Use Plan was thousands of acres, and all of a sudden in one vote, he requested that each Board member respond to this at the end ofthe meeting under Board Comments. He asked the Board to indicate if when they voted for the Comprehensive Plan it was a vote to extend that water and sewer service authority area over all the Northeast Land Use. He does not think this is what their vote was. Jim Hodgson, Stonewall District, he is all for the battlefield, and does not see how the county can afford not to do it. Sam Lehman, Back Creek District, he doesn't feel because we have elected school boards, that the Board of Supervisors gets to give them a blank check. He feels there has been a lot more land available for a lot less money that could have been used for school sites over the past few years. He referred to the land where Red Bud Elementary currently is and what was paid for that property which was also to include a bus shop; however, due to the steepness of the property this was not built. He expressed concern about the dollar amount that is being considered for the cost ofthe land on Route 50 East to build an additional elementary school. Diane Caulette, Stonewall District, she feels the battlefields need to be preserved and asked the Board to invest in the $250,000 for battlefield preservation. Allen White, Stonewall District, endorsed the expenditure of the funds for battlefield Minute Book Number 27 Board of Supervisors Meeting of 02/13/02 612 preservation. He feels this will help with tourism in this arca and in turn benefit the county. He urged the Board to join in this proposed partnership. Greg Baruffi, represents the Northern Shenandoah Valley Audubon Society. He advised they have general concerns on the natural resources ofthe county. He referred to statements made in the past by Engineer-Director Wellington Jones of the Sanitation Authority about Frederick County's water supply, and the fact that he said in the year 2000 Frederick County would no longer be purchasing water from the City of Winchester. He advised that the Audubon Society feels there is a problem, and they request that the Board do what they can to prompt the "powers at be" to address this situation in a realistic manner. He once again addressed the erosion and sediment control issues within the county. He feels there is a lack of enforcement in this area within the county. The areas he addressed were Orchard View Subdivision, Merrimans Lane, and Marshall Acres Subdivision. Mickey White, Stonewall District, asked the Board to please help to preserve the few remaining acres of Civil War Battlefields left in this area. She feels this is needed in order that this area might be passed on to future generations. Asked the Board to please endorse this important funding request. Sharon Boyd, Gainesboro District, supports the proposal to form a partnership with Frederick County, the Civil War Preservation Trust, and the Battlefield Foundation to preserve the battlefields in Frederick County. Does not feel battlefield preservation should not be viewed as an alternative to economic development. Feels battlefields can reward this community both physically and environmentally. She feels that a battlefield can also be considered a basic industry that generates revenue with expenditures by tourists for services and merchandise. Assistant Tierney asked to respond to an earlier comment that referred to a comment attributed to him in The Winchester Star. He wanted those present to know that he was not contacted about this article, and he believes the quote came from and was attributed to an "Open Forum" article that he wrote back in 2000. Mark Stivers, Stonewall District, he too is offering his support for the battlefield preservation, and he would like to look beyond the question of, are we doing the right thing for history. How can we not do the right thing for history? It won't be long before we are all gone, and what are we going to leave posterity, the only thing we can leave posterity is our legacy and our judgement. He is hopeful that the landowners involved with this will embrace the prospect of Minute Book Number 27 Board of Supervisors Meeting of 02/13/02 613 opportunity and the opportunity we loose if we fail to embrace it. He trusts the Board members will make the right decision in this case. MINUTES Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the minutes of the Regular Meeting of January 9, 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 MARY M. WILKINS REAPPOINTED TO THE EXTENSION LEADERSHIP COUNCIL AS MEMBER AT LARGE Upon motion made by Supervisor Sager, seconded by Supervisor Douglas, Mary M. Wilkins was reappointed to the Extension Leadership Council as a Member at Large. This is a four year appointment. This term will begin on February 13,2002, and expire on February 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 JOHN E. VENSKOSKE.JR.. REAPPOINTED TO THE EXTENSION LEADERSHIP COUNCIL AS MEMBER AT LARGE Upon motion made by Supervisor Sager, seconded by Supervisor Douglas, John E. Venskoske, Jr., was reappointed to the Extension Leadership Council as a Member at Large. This is a four year appointment. This term will begin on February 13,2002, and expire on February 13, 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 Minute Book Number 27 Board of Supervisors Meeting of 02/13/02 61 MAYOR JOHN COPELAND APPOINTED TO TRANSPORTATION COMMITTEE AS REPRESENTATIVE FROM TOWN OF MIDDLETOWN Upon motion made by Supervisor Douglas, seconded by Supervisor Smith, John Copeland was appointed to the Transportation Committee as the representative from the Town of Middletown. This is a one year appointment. This term will begin on February 13, 2002, and expire on February13,2003. 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 ROBERT B. PERRY REAPPOINTED TO THE LORD FAIRFAX DISABILITY SERVICES BOARD AS MEMBER AT LARGE Upon motion made by Supervisor Smith, seconded by Supervisor Sager, Robert B. Perry was reappointed to the Lord Fairfax Disability Service Board as Member at Large. This is a three-year appointment. The term begins on March 31, 2002, and expires on March 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 LENNIE MATHER'S NAME SUBMITTED FOR CONSIDERATION BY THE CIRCUIT COURT FOR APPOINTMENT TO THE BOARD OF ZONING APPEALS FROM RED BUD DISTRICT Upon motion made by Supervisor Forrester, seconded by Supervisor Reyes, Lennie Mather's name was submitted for consideration by the Circuit Court for appointment to the Board of Zoning Appeals. This is a five-year appointment. 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 Minute Book Number 27 Board of Supervisors Meeting of 02/13/02 615 JEAN WESTLER APPOINTED TO THE BOARD OF ASSESSORS FROM RED BUD DISTRICT Upon motion made by Supervisor Forrester, seconded by Supervisor Sager, Jean Westler was appointed to the Board of Assessors from Red Bud District.(Please note the last reassessment was conducted in 2000 and will not be done again until 2004 - 2006). The Board of Assessors will not be meeting until that time. 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 VICTORIA KEELON APPOINTED TO PARKS AND RECREATION COMMISSION FROM RED BUD DISTRICT Upon motion made by Supervisor Forrester, seconded by Supervisor Reyes, Victoria Keelon was appointed to Parks and Recreation Commission from Red Bud District. This is a four year term. This term will begin on February 13,2002, and expire on February 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 REQUEST OF AROGAS TO POSTPONE REZONING PUBLIC HEARING REQUEST UNTIL JUNE. 2002 - APPROVED Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the request of Arogas 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 PROPOSED RELOCATION OF ROUTE 645 (AIRPORT ROAD) APPROVED USING ALTERNATE #1 Director Wyatt presented this request to the Board and advised that over the past several Minute Book Number 27 Board of Supervisors Meeting of 02/13/02 616 years, many improvements have been made to Winchester Regional Airport to meet aviation demand, including a runway extension and the installation of a full instrument land system. The improvements were identified on a Master Plan completed in the early 1990's to address growth at the airport. He further advised that one of the projects identified in the Master Plan was the relocation of approximately Y2 mile of Route 645. From an aviation stand point, the relocation is proposed for several reasons including the following: Remove existing obstruction to Runway 32 approach Remove road from Runway Object Free Area (OF A) Open up significant development area for airport Since the time that the Master Plan was completed, the area around the airport has seen significant growth, which is anticipated to continue. The growth, which includes the Kohl's distribution center, has increased the traffic on Route 645, creating a need to enhance the road to accommodate the current and expected future traffic. The proposed project will provide several enhancements to address the past and future growth. Director Wyatt explained Alternate 1 and Alternate 2 at this time. John C. Longnaker, P.E. with Delta Airport Consultants, Inc, appeared before the Board to explain the alternates as shown on a map presented in the agenda. Mr. Longnaker advised that he felt alternate #1 was the best route to go. Supervisor Forrester asked VDOT Resident Engineer Jerry Copp the option that he prefers. He responded Alternate Option # 1. Director Renny Manuel appeared before the Board, at the request of Supervisor Sager, at which time he asked her if she knew of any future plans to extend the runway. Director Manuel replied not that she was aware of. Upon motion made by Supervisor Smith, seconded by Supervisor Sager, Alternate #1, Moving the Intersection, was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, JI. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye RESOLUTION (#031-02) AUTHORIZING AN APPLICATION TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY (VPSA) - SPRING 2002 BOND SALE - APPROVED Minute Book Number 27 Board of Supervisors Meeting of 02/13/02 617 Administrator Riley presented this request to the Board advising the amount being requested is $11,380,000, and reflected in this amount is $5,000,000 for construction payments for Millbrook High School, $3,730,000 for the James Wood Middle School renovation and $2,650,000 for architectural and engineering services for the fourth middle school. Chairman Shickle stated that he and Administrator Riley had talked about this earlier, and he advised that these amounts and these projects surprised him in this request, and he was not able to reconcile them with the budget adopted this year. School Finance Director Frye appeared before the Board to explain the requested amounts within the resolution. She advised ofthe cash flow needs to get the school board through November, until the next bond sale. What is appropriated in the budget will be the expenditures that they foresee in the fiscal year. Chairman Shickle asked what could be done to better reconcile items approved in the approval process via the budget, in addition for the request to borrow money, with such large sums he feels something needs to be done. Chairman Shickle stated that he did not feel the $2,650,000 had even been approved, at this time, a budgeted item. Director Frye advised that in the fiscal year 2002 there is a million and half budgeted and appropriated for the fourth middle school. Chairman Shickle stated that he thought that was just for the land. Director Frye replied yes, that was land. Chairman Shickle advised that he felt architectural and engineering would come next year, even though he knows it has been discussed. Director Frye explained that any cash flow needs have to be projected through about November 17. Should this project be approved for "a go," then these funds would be used to carry them through November. Ifthe money is borrowed and not used for a project, and for some reason the project is not approved, those funds would then be diverted over and used to help pay for the rest of Mill brook's cash flow needs. Chairman Shickle stated that it appears there is some type of maximum and that is what the schools are doing. Director Frye replied no, it is just projected cash flow needs if everything stays on schedule Minute Book Number 27 Board of Supervisors Meeting of 02/13/02 618 with construction dates, and bid opening dates. Chairman Shickle asked if someone did not envision the fourth middle school getting on track that soon, could the $2,650,000 million go in the Fall. Director Frye replied yes, and the number could be pulled down, the borrowing, the application is for $11,380,000. April I, 2002 is the deadline for the final resolution for approval of the bonds. At that point they have the last chance to adjust the number. They are applying for the most that they will need, and they can pull it down up until that date. Chairman Shickle explained that he was not sure what was happening, whether he was not reading his documents right, hearing the wrong things at the wrong mecting, but it is not coming together for him as it should. Director Frye stated that perhaps they need to do a better job at showing the connection between the CIP and the numbers represented in the project total, and how the monies are being planned to be spent in each of the fiscal years. Chairman Shickle asked if$3,730,000 finishes James Wood Middle School. Director Frye replied no. Chairman Shickle asked if this project has a detailed budget, and whether the school board had adopted one, or is it just a lump sum. Director Frye explained that James Wood Renovation was on the CIP for $8.9 or $9.9 million, as an estimate. The budget is just a twelve-month budget for the fiscal year reflection. In this year they are hoping to award the bid in FY 02. There is $8 million appropriated this year, and that would allow them to issue the contract. Chairman Shickle advised that he was asking Director Frye, and should be asking Assistant Orndoff. He referred his question to Mr. Orndoff as to whether there would be a budget for this project that tells what everything is, and a time line. All he has seen is the CIP with what he figures is a best guess. Assistant Orndoff advised that they are hoping to have the bid documents completed by the end of March, first of April for mailing, and once this is done and the bids are returned, we will know what the low bid is. Chairman Shickle asked with this time frame what would the starting and finishing dates be. Assistant Orndoff advised they would hope to get started in May, with this project running Minute Book Number 27 Board of Supervisors Meeting of 02/13/02 619 anywhere from two and Yz to three years to complete. Supervisor Sager asked if the $12,780,000 shown in the CIP for the total estimated cost of a fourth middle school also included cost of the land, architectural and engineering fees. Director Frye advised that the acquisition for land for the fourth middle school is in the fiscal year 2002. That would be the component ofthe project cost they foresee expending in that twelve- month fiscal year. Director Frye explained that the application states the intent for the funds; however, it is not binding, for the funds can be used for any school project. Chainnan Shickle advised that he was not comfortable with the $2.6 million at this time. Administrator Riley advised if the school board is going to reassign funds to a different capital project they should come back before this Board for approval. Upon motion made by Supervisor Reyes, seconded by Supervisor Smith, the following resolution was approved, with the understanding that should any amendments be made to the original request, they will be brought back to the Board of Supervisors. WHEREAS, the Board of Supervisors ("Board of Supervisors") ofthe County of Frederick, Virginia ("County") has received a request from the Frederick County School Board ("School Board") to contract a debt and issue general obligation bonds of the County in an amount not to exceed $11,380,000 to finance certain capital projects for public school purposes ("Bonds") and to sell such Bonds to the Virginia Public School Authority ("VPSA"); WHEREAS, the Board of Supervisors has detennined that it maybe necessary or desirable to advance money to pay the costs for such capital projects for public school purposes ("Project") and to reimburse such advances with proceeds of one or more financings; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. The County Administrator is authorized and directed to execute and deliver an application to the VPSA in order to sell the Bonds to the VPSA at the Spring 2002 VPSA bond sale. 2. The Board of Supervisors adopts this declaration of official intent under Treasury Regulations Section 1.150.2. The Board of Supervisors reasonably expects to reimburse advances made or to be made by the County or the School Board to pay the costs of acquiring, constructing and equipping the Project from the proceeds of the Bonds to be issued in an amount not to exceed $11,380,000. 3. The County Administrator is authorized to advertise a public hearing to be held by the Board of Supervisors on March 13,2002 on the issuance of the Bonds. 4. This resolution shall take effect immediately. Adopted by the Board of Supervisors of the County of Frederick, Virginia, at their regular meeting held on February 13,2002, by the following recorded vote: The above amended resolution was approved by the following recorded vote: Minute Book Number 27 Board of Supervisors Meeting of 02/13/02 620 Richard C. Shickle - Nay W. Harrington Smith, JT. - Aye Robert M. Sager - Nay Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye AMENDED RESOLUTION (#029-02) (FROM JANUARY 23. 2002 BOARD MEETING) RE: APPLICATION OF THE CIVIL WAR PRESERVATION TRUST FOR FUNDING UNDER THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT - APPROVED Upon motion made by Supervisor Smith, seconded by Supervisor Forrester, the following amended resolution was approved: A PROJECT ENDORSEMENT RESOLUTION(#229-02) FOR THE APPLICATION OF THE CIVIL WAR PRESERVATION TRUST TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR FUNDING UNDER THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT WHEREAS, in accordance with the Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be received from the local govemment in order that the Virginia Department of Transportation program an enhancement project in Frederick County; and WHEREAS, the Frederick County Board of Supervisors supports the development of heritage tourism based upon the historic and scenic resources of Frederick County as an economic engine for the area; and WHEREAS, the Frederick County Board of Supervisors supports efforts of the Civil War Preservation Trust to acquire, through fair-market purchase, portions of the core battlefield of the Second Battle of Winchester; and WHEREAS, the Frederick County Board of Supervisors, in partnership with the Shenandoah Valley Battlefields Foundation, has submitted a joint application for TEA -21 funding of the Redbud-Civil War Battlefields Corridor Project. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors requests the Commonwealth Transportation Board to give favorable consideration to the application ofthe Civil War Preservation Trust for funding to complete their intended purchase. The above resolution was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, JT. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye HOWARD KITTELL ADDRESSES BOARD RE: CIVIL WAR PRESERVATION TRUST AND THE SHENANDOAH VALLEY BATTLEFIELDS FOUNDATION PROPOSAL TO FORM A PARTNERSHIP WITH FREDERICK COUNTY - FORWARDED TO COUNTY FINANCE COMMITTEE FOR THEIR MEETING OF FEBRUARY 20. 2002 Minute Book Number 27 Board of Supervisors Meeting of 02113/02 621 Howard Kittell, Executive Director Shenandoah Battlefield Association, along with James Lighthizer, President of the Civil War Trust, appeared before the Board to further explain this request. They explained that the annual investment of$250,000 by each ofthese principal partners will be eligible for matching by $500,000 offederal funds from the American Battlefield Protection Program (ABPP). The partnership will make available $1.25 million a year over three years to secure this important resource for the citizens of Frederick County, the Commonwealth, and the nation. MI. Lighthizer advised this type of proposal has never been done before in another area. Supervisor Douglas asked if this is approved would the Board be assured that these funds will remain in Frederick County. Mr. Lighthizer replied that he knew of no reason why it wouldn't. Administrator Riley asked who applies for these funds. MI. Lighthizer replied the government entity. Chairman Shickle stated that he has tried to educate himself on this request, and he was able to obtain some information from the Internet; however, he still has some questions about the land and water guidelines for spending. MI. Lighthizer responded to Chairman Shickle's question, and in doing so advised that the best example of this is Antietam. Chairman Shick1e asked if an ordinance would be necessary for this. Administrator Riley replied no, but a resolution would take care of the legalities. Supervisor Tyler moved to send this request to the Finance Committee for further study and recommendation back to this Board. Supervisor Forrester seconded the motion. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, JI. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - CONDITIONAL USE PERMIT #02-02 FOR THE ACORN Minute Book Number 27 Board of Supervisors Meeting of 02/13/02 622 HILL TOWER. SUBMITTED BY SBA PROPERTIES. INC.!TRITON PCS (SUN- COM)' FOR A 199-FOOT HIGH MONOPOLE TELECOMMUNICATIONS FACILITY. THIS PROPERTY IS LOCATED AT 7185 NORTH FREDERICK PIKE (ROUTE 522n) AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 18-A-25 IN THE GAINESBORO MAGISTERIAL DISTRICT - WITHDRAWN AT THE REOUEST OF THE APPLICANT PUBLIC HEARING - CONDITIONAL USE PERMIT #03-02 FOR THE HUNTING RIDGE TOWER. SUBMITTED BY SBA PROPERTIES. INC.!TRITON PCS (SUN COM). FOR A 199-FOOT HIGH MONOPOLE TELECOMMUNICATIONS FACILITY. THIS PROPERTY IS LOCATED AT 4048 NORTH FREDERICK PIKE (ROUTE 522 N) AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 30-A-116 IN THE GAINESBORO MAGISTERIAL DISTRICT - WITHDRAWN AT THE REOUEST OF THE APPLICANT PUBLIC HEARING - REQUEST TO REMOVE FOUR PARCELS TOTALING 160.80 ACRES FROM THE SOUTH FREDERICK AGRICULTURAL AND FOREST AL DISTRICT. THESE PARCELS. OWNED BY RINKER PROPERTIES. LC, ARE LOCATED ALONG MARLBORO ROAD (ROUTE 631) AND ARE IDENTIFIED AS PROPERTY IDENTIFICATION NUMBER 73-A-95. 73-A-99. 73-A- 99A AND 73-A-102 IN THE BACK CREEK MAGISTERIAL DISTRICT - APPROVED Planning Director Evan Wyatt presented this request to the Board advising that the planning commission recommended approval of this request. Mr. Rinker appeared before the Board on behalf of his request. There was no public comment. Upon motion made by Supervisor Douglas, seconded by Supervisor Reyes, the above request of Mr. Rinker 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 - REQUEST TO INCLUDE ONE PARCEL TOTALING 107.79 ACRES INTO THE SOUTH FREDERICK AGRICULTURAL AND FORESTAL DISTRICT. THIS PARCEL. OWNED BY RUTH GREGORY. IS LOCATED ALONG MIDDLE ROAD (ROUTE 628) AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 62-A-34 IN THE BACK CREEK MAGISTERIAL DISTRICT - APPROVED Director Wyatt presented this request to the Board advising that the planning commission recommended approval. A representative of the Gregory Family appeared before the Board. There was no public comment. Upon motion made by Supervisor Douglas, seconded by Supervisor Sager, the above request Minute Book Number 27 Board of Supervisors Meeting of 02/13/02 623 of Ruth Gregory 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 PUBLIC HEARING - REQUEST TO INCLUDE SIX PARCELS TOTALING 381.34 ACRES INTO THE DOUBLE CHURCH ROAD AGRICUL TURAL AND FORESTAL DISTRICT. THREE PARCELS. OWNED BY MARY RITENOUR. ARE IDENTIFIED AS PROPERTY IDENTIFICATION NUMBER 85-A-125. 85-A-130 AND 85-A-131: ONE PARCEL. OWNED BY SANDRA RITENOUR. IS IDENTIFIED AS PROPERTY IDENTIFICATION NUMBER 85-A-132: ONE PARCEL OWNED BY STEVEN AND MARY RITENOUR. IS IDENTIFIED AS PROPERTY IDENTIFICATION NUMBER 85-A-129: AND ONE PARCEL. OWNED BY BENJAMIN AND PRISCILLA RITENOUR. IS IDENTIFIED AS PROPERTY IDENTIFICATION NUMBER 85-A-125A. ALL PARCELS ARE LOCATED ALONG PEACE AND PLENTY LANE IN THE OPEOUON MAGISTERIAL DISTRICT - APPROVED Director Wyatt presented this request to the Board advising that the planning commission had recommended approval. There was no public comment. Upon motion made by Robert M. Sager and seconded by W. Harrington Smith, Jr., 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 PUBLIC HEARING - 2002-2003 CAPITAL IMPROVEMENTS PLAN (CIP). THE CIP IS A PRIORITIZED LIST OF PROJECTS REOUESTED BY NUMEROUS COUNTY AGENCIES. TO BE REVIEWED FOR POTENTIAL ALLOCATION IN THE ENSUING FIVE-YEAR PERIOD. THE PLAN IS CREATED AS AN INFORMATIONAL DOCUMENT TO ASSIST IN THE DEVELOPMENT OF THE COUNTY'S ANNUAL BUDGET. THE CIP IS AN ADVISORY DOCUMENT: PROJECTS ARE NOT NECESSARILY FUNDED BECAUSE OF THEIR INCLUSION IN THE CIP - APPROVED Assistant Director Eric Lawrence presented this plan to the Board advising that the planning commission recommended approval of this plan at their meeting on February 6, 2002. Chairman Shickle asked ifthis plan was used in preparing the county budget. He explained that everyone has their wants and needs, but there comes a time when some of these have to be slowed down, based on available funds. Minute Book Number 27 Board of Supervisors Meeting of 02113/02 62L Administrator Riley explained that the CIP is a guide used for planning purposes only by staff. If the Board approves this plan it will be used as a guide by staff, nothing more. Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the 2002-2003 Capital Improvements Plan (CIP) was approved, as presented, by the following recorded vote: (A copy of this plan is on file in the Office of Planning & Development). Richard C. Shickle - Nay 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 WAIVER REOUEST FOR EXCEPTIONS TO ZONING ORDINANCE - BEAN PROPERTIES. L,L,c. - APPROVED Zoning Administrator Patrick Davenport presented this request to the Board advising that the planning commission recommended approval. He further advised the owners of approximately 1.17 acres zoned RA(Rural Areas) in the Gainesboro Magisterial District are proposing a subdivision of this property. There was no public comment. Upon motion made by Supervisor Reyes, seconded by Supervisor Douglas, the Waiver Request as noted above, was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda 1. Tyler - Aye Gina A. Forrester - Nay WAIVER REOUEST FOR EXCEPTIONS TO ZONING ORDINANCE - ORRAH ADAMS EST./CHARLES ADAMS - APPROVED UNDER CONSENT AGENDA This request is for a minor subdivision containing approximately 28.9 acres, ofthe property owned by the Orrah B. Adams Estate and a boundary line adjustment on the adjoining property, which is owned by Charles D. Adams, containing approximately 25.7 acres. WAIVER REOUEST FOR EXCEPTIONS TO SUBDIVISION ORDINANCE - O.L, PAYNE/RUTH B. PAYNE - APPROVED UNDER CONSENT AGENDA Mr. Payne is the owner of approximately 36.49 acres, split-zoned MHl (Mobile Home Minute Book Number 27 Board of Supervisors Meetiug of 02/13/02 625 Community) and Ml (Light Industrial) in the Stonewall Magisterial District. This acreage is being proposed for a subdivision of said acreage. COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on January 15, 2002. Members present were: Charles Sandy, Robert Hartman, John Powell, Joyce Duvall, Clarence Haymaker, Lynda Tyler. Submitted for Board Information Onlv 1. Concession Operation - Mr. Hartman moved that the staff switch to the use of vending machines at five locations at the regional parks beginning in the Spring of 2002, second by Mr. Powell, carried unanimously (5-0) 2. Election of Officers - The Commission unanimously elected Mr. Charles sandy to serve as chairman and Ms. Joyce Duvall to serve as Vice Chairman during 2002. 3. Meeting Date/Time/Location - Mr. Powell moved that the commission hold its regularly scheduled meeting the third Tuesday of each month at 7 :00 P.M. in the first floor conference, 107 North Kent Street, seconded by Mr. Hartman, carried unanimously (5-0). 4. Trails Grant Application - Mr. Hartman moved that the Commission endorse the concept of a plan to construct a walking tail from the picnic areas to the pool at Sherando Park, seconded by Mr. Powell, carried unanimously (5-0). A resolution will be forwarded to the Board of Supervisors for endorsement which will allow the staff to apply for the grant is approved. PUBLIC WORKS COMMITTEE REPORT The Public Works Committee met on Tuesday, January 29,2002, at 8:00 a.m. All members were present except Tom Offutt. The following items were discussed: ***Items Requiring Action*** 1. Bid Results for New Security System - Approved Mr. Kris Tierney, assistant county administrator, presented the results of the bid advertisement for an ungraded security system for the county administration building. He indicated that Omni Alarm submitted the apparent low bid of $25,004; however, they did not meet the minimum insurance requirement. Therefore, it will be necessary to negotiate with the next lowest bidder. In the event that irregularities are encountered with this bidder, Mr. Tierney requested that a maximum amount be established to allow negotiations with other bidders. Also, he indicated that a five (5) year maintenance fee was submitted as a separate part of the bid package. A motion was made by George Ludwig and seconded by Jim Wilson to approve a maximum bid amount of$32,000 plus the amount ofthe five (5) year maintenance fee for the proposed security system. The motion was unanimously approved. (Attachment #1) Upon motion made by Supervisor Tyler, seconded by Supervisor Sager, the above request was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Minute Book Number 27 Board of Snpervisors Meeting of 02/13/02 626 Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye 2. Lot Purchase in ShawneeLand - Approved The Director of Public Works presented a request to purchase Lot 72, Section K in Shawneeland to facilitate the completion of an on-going drainage improvement project. A motion was made by Jim Vickers and seconded by Jim Wilson to approve the purchase with a maximum price not to exceed $6,500. The motion was unanimously approved by all members present except George Ludwig. Upon motion made by Supervisor Tyler, seconded by Supervisor Douglas, the above request was approved by the following recorded vote: Richard C. Shickle - Aye W. Harrington Smith, Jr. - Nay Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Lynda J. Tyler - Aye Gina A. Forrester - Aye ***Items Not Requiring Action*** 1. New Citizens' Convenience Site at the Landfill The Director of Public Works presented a plan to construct a new citizens' convenience area on landfill property. The site in question would be located just east of the intersection of Sulphur Spring and Landfill Roads. Site access will be via Sulphur Spring Road with a one-way internal traffic pattern. The site would occupy approximately five (5) acres and would be located outside any permitted land filling area. After presenting the proposed design and the other site alternatives that had been considered, the meeting was opened to the public for their comments. Approximately ten (10) neighboring citizens attended the meeting in opposition to the project. They cited traffic issues, possible odor and rodent problems and visual impact as reasons for their opposition to the site in question. As a result of this discussion, a motion was made by W. Harrington Smith, Jr. and seconded by Jim Wilson to prepare a preliminary site plan and cost estimate for alternate site number two. Also, the committee requested that the site development plan for alternate number two include consideration of an access drive from Yeatras Drive. The motion was unanimously approved. The staffwill attempt to develop a preliminary plan and cost estimate for site number two and present these at the next scheduled public works meeting. Achieving this goal will depend on convening the landfill oversight committee to review this plan prior to the next public works meeting. 2. Library Chan~e Order Attachment number two describes a change order required at the new Bowman Library to allow the use offuel oil to fire the hot water heater. The project was designed to use alternative fuel sources: gas or oil. Unfortunately, through a design oversight, the oil system was lacking in its ability to provide oil to the hot water tank when the heating boilers were in service. Also, it was discovered that the passive venting system for the oil-fired hot water tank was not sufficient to properly vent the combustion gases. Consequently, the architect and his mechanical designer recommended a transfer pump and exhaust fan. Minute Book Number 27 Board of Supervisors Meeting of 02/13/02 627 The total cost of installing these items is $5,038 which does not include the general contractor's standard mark-up. This fee has been waived by Howard Shockey and Sons, Inc. The committee reviewed the change order and unanimously recommended approval. The change order will be forwarded to the finance committee for their review and approval prior to submission to the board. (Attachment #2) 3. Status Report on Revised Erosion and Sediment Control Ordinance Mr. Joe Wilder, erosion and sediment control administrator for Frederick County, presented a brief status report related to updating and revising the existing erosion and sediment control ordinance to meet current state requirements. In order to accomplish this goal, he asked for volunteers to serve on an ad hoc committee to review the revised ordinance prior to submission to the code and ordinance committee. The following committee members volunteered to serve on the ad hoc committee: Lynda Tyler, Jim Vickers and Jim Wilson. Mr. Joe Wilder will chair the committee. 4. Update on Renovation of Old Courthouse The Director of Public Works presented a brief progress report on the renovation of the old courthouse. It is still anticipated that the project will be completed by the end of February even though unanticipated problems are still being encountered. The latest changes are related to locating and capping existing abandoned sewer lines, upgrading structural supports for the deteriorated concrete steps, and providing adequate structural supports for the large entrance doors. These changes plus obtaining three-phase power may prolong the completion date. Fortunately, the changes have not exceeded our contingency allowance for the project to date. 5. Miscellaneous Reports a) Tonnage Report (see Attachment 3) b) Recycling Report (see Attachment 4) c) Animal Shelter Dog Report (see Attachment 5) d) Animal Shelter Cat Report (see Attachment 6) 6. A closed session was convened in accordance with the Code of Virginia g2.2-3711 Subsection A, (3), to discuss the acquisition ofreal estate. BOARD OF SUPERVISORS COMMENTS Chairman Shickle asked if staff could check into the comments made under "Citizen Comments" dealing with erosion and sedimentation control. Public Works Director Ed Straw snyder advised that he felt the controls were in place; however, he would check into this, and report back to the Board. UPON MOTION MADE BY SUPERVISOR REYES, SECONDED BY SUPERVISOR FORRESTER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME 9:40 P.M.). Minute Book Number 27 Board of Supervisors Meeting of 02/13/02 62 ~~ c~-Q__~ Richard C. Shickle Chairman, Board of Supervisors ~~ J. . Riley, .JI. Clerk, Board ot Supervisors Minutes Prepared By: d",~'~::'r~cu. j ,~c"""") Carol T. Bayliss Deputy Clerk, Board of Supervisors Minute Book Number 27 Board of Supervisors Meeting of 02/13/02