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February 13, 2001 Regular Meeting loG A W orksession/Regular Meeting ofthe Frederick County Board of Supervisors was held on February 13, 2001, at 5:00 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 Charles W. Orndoff, Sr.; W. Harrington Smith, Jr.; Robert M. Sager; Margaret B. Douglas; and Sidney A. Reyes. CALL TO ORDER Chairman Shickle called the meeting to order. BOARD RETIRED INTO CLOSED SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the Board retired into Closed Session in accordance with the Code of Virginia, 1950, as amended, Section 2.1-344, Subsection A (7) to Discuss Legal Matters. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye BOARD WITHDRAWS FROM CLOSED SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the Board withdrew from Closed Session. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye BOARD CALLS FOR RECESS Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the Board certified nothing other than what was noted as reason for going into Closed Session was discussed and called for a Recess until 6:30 P.M. CHAIRMAN CALLS WORKSESSION TO ORDER FRANK SPURR ADDRESSES BOARD RE: COMMUNICATIONS SYSTEM Minute Book Number 27 Board of Supervisors Meeting of 02113/01 1"-' 0, UPDATE Frank Spurr, county resident, having worked with this project for a number of years, appeared before the Board and presented a power point presentation of where the county currently stands with joint communications within the Sheriffs Department and the Fire & Rescue Department. He explained that two or more users on a tower at the same time can cause problems, and in fact they do cause problems. He further explained how there are times when the deputies are not able to reach the command center with their portable radios, and the same applies to Fire & Rescue. He advised that in November of2000 Motorola submitted their report and it shows that area coverage of the current system has degraded significantly. He outlined the options that were available in order to improve the current system. He advised that the Sheriffs Department cost would be $70,000 and Fire & Rescue $98, 000, and that the new equipment, as well as labor and parts, are included in these figures. He further advised if everything comes together as planned, this new system could be up and running by July 1,2001. Chairman Shickle asked about the final figures. Mr. Spurr explained the figures presented are estimates; however, he does feel comfortable with these figures. Mr. Spurr thanked Steve Cuccio of Oakwood Electronics for his assistance in putting this equipment update together. County Administrator Riley advised that this has been reviewed by the Emergency Communications Commission and they have recommended approval. This request will be voted on under Tab L, Emergency Communications Commission Report. CALL TO ORDER (7:15 P.M.) Chairman Shickle called the meeting to order. INVOCATION The invocation was delivered by Reverend Paul Shallenburg of the Winchester Church of the Nazarene. PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA County Administrator Riley advised that he had an additional exoneration request from the Commissioner of the Revenue. Minute Book Number 27 Board of Supervisors Meeting of 02/13/01 1"0 Ou Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the agenda was adopted, as amended, by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye CONSENT AGENDA County Administrator Riley suggested the following tab for approval under consent agenda: 1. Parks & Recreation Commission Report - Tab K. Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, Tab K was approved under consent agenda. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye CITIZEN COMMENTS Jim Lawrence, Opequon District, and member of the Opequon Water Shed Coalition, appeared before the Board to endorse the GIS request scheduled to be heard by the Board later in this meeting. He feels this is important and very beneficial to the county. MINUTES Upon motion made by Supervisor Orndoff, seconded by Supervisor Reyes, the minutes of the Regular Meeting ofJ anuary 24,2001 were approved as presented by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye COUNTY OFFICIALS CHARLES TRIPLETT APPOINTED TO PLANNING COMMISSION FROM GAINESBORO DISTRICT Upon motion made by Supervisor Reyes, seconded by Supervisor Orndoff, Charles Triplett was appointed to the Planning Commission from Gainesboro District. This is a four year term. The Minute Book Number 27 Board of Supervisors Meeting of 02/13/01 /' () o ; term will begin on February 26,2001 and expire on February 26,2005. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye COMMISSIONER OF THE REVENUE REOUEST FOR EXONERATION - APPROVED WITH REQUEST FOR ADDITIONAL INFORMATION Chairman Shickle stated that he felt the Board was receiving an increase in these requests and he would request additional information from the Commissioner as to why. The Board concurred with the Chairman. Upon motion made by Supervisor Reyes, seconded by Supervisor Smith, the above request to approve the exoneration for Estes Express Lines in the amount of $5,407.20 and Associates Leasing, Inc. in the amount of$6,528.58, with the directive that additional information be provided by the Commissioner of Revenue as noted above. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye SUPERINTENDENT DR. WILLIAM DEAN PRESENTS SCHOOL BOARDS BUDGET OVERVIEW Superintendent Dr. William Dean appeared before the Board at which time he presented a budget that he felt had been constructed to reflect two primary req uirements to achieve better results with the county school system. 1. Remain competitive in retaining and recruiting staff at all levels of the organization. 2. Staff county schools according to factors related to safety, growth, mandates and essential needs. Dr. Dean addressed the area of salaries and recruitment and what steps have been taken to improve this since 1998. He further advised that bus drivers and food service staff have been included in this budget for retirement benefits, as this has not been provided for in the past. He further advised that increases for teachers are scheduled for 7-13 % and all other staff 4-11 %. He Minute Book Number 27 Board of Supervisors Meeting of 02/13/01 1(0 further advised that cuts had been made in staffing from the original 80 requested. He stated that the overall budget request for this budget year is $6.1 million, atld tl}at administration is looking for a total enrollment next year of 10,834 students. Dr. Dean thanked the Board for their time and advised if the Board had any questions, he would be happy to try and answer them. There was no additional discussion at this time. BUDGET WORKSESSION BETWEEN BOARD AND COUNTY ADMINISTRATION SCHEDULED Following discussion, a joint worksession between county administration, staff, Finance Committee and the Board was scheduled for February 21, 2001 at 8:00 a.m. in the first floor conference room. RESOLUTION (#029-01) AUTHORIZING AN APPLICATION TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY (VPSA) SPRING 2001 BOND SALE - APPROVED County Administrator Riley presented this resolution to the Board. Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the following resolution was approved: 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 $18,600,000 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 determined that it may be 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 2001 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 $18,600,000. 3. The County Administrator is authorized to advertise a public hearing to be held by the Board of Supervisors on March 12, 2001 on the issuance of the Bonds. 4. This resolution shall take effect immediately. The above resolution was approved by the following recorded vote: Minute Book Number 27 Board of Supervisors Meeting of 02/13/01 1 (1 Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye RESOLUTION (#030-01) AUTHORIZING AN APPLICATION TO THE VIRGINIA LITERARY FUND - APPROVED County Administrator Riley presented this resolution to the Board. Upon motion made by Supervisor Reyes, seconded by Supervisor Orndoff, the following resolution was approved: WHEREAS, the Board of Supervisors of the County of Frederick, Virginia (the "County") and the School Board of the County propose to finance a portion of the cost of the acquisition, construction and equipping of a new high school (the "Project") with a loan from the Virginia Literary Fund in the maximum amount of$7,500,000 (the "Loan") and the School Board presented to the Board of Supervisors a proposed application addressed to the State Board of Education of Virginia for the purpose of borrowing from the Literary Fund the maximum amount of$7,500,000 for the Project to be paid in 20 annual installments and at the annual rate of3% as set forth therein; WHEREAS, the County (or the School Board of the County) expects to pay, after the date hereof, certain expenditures (the "Expenditures") in connection with the acquisition, construction and/or equipping of the Project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA AS FOLLOWS: 1. The application ofthe School Board to the State Board of Education of Virginia for the Loan is hereby approved and authority is hereby granted to the School Board of the County to borrow a maximum of $7,500,000 for the purposes set forth in such application. The Board of Supervisors will each year during the life of the Loan, at the time it fixes the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for operation expenses and to pay the Loan and the interest thereon, as required by law regulating loans from the Literary Fund. 2. The County hereby declares its intent to reimburse itselfwith the proceeds of one or more tax-exempt financings for the Expenditures with respect to the Project made on and after that date which is no more than 60 days prior to the date hereof (unless an exception is applicable). The maximum amount of the Loan expected to be used to finance the Project is $7,500,000. 3. This resolution shall take effect immediately upon its passage. The above resolution was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, JI. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye SHERIFF'S REOUEST FOR BUDGET TRANSFER - APPROVED The Sherif[ is requesting a budget transfer in the amount of$19 ,928.00 from the Seized Asset Budget to purchase a new vehicle for the undercover investigation's unit. No additional county Minute Book Number 27 Board of Supervisors Meeting of 02/13/01 It) Ie.: funds are needed for this purchase. Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the above request was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, II. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye RESOLUTION (#032-01) REQUESTING RECREATIONAL ACCESS ROAD FUNDS FOR TOWN OF STEPHENS CITY - REFERRED BACK TO PARKS AND RECREATION COMMISSION County Administrator Riley presented this request to the Board advising that he felt this resolution should be sent back to Parks and Recreation Commission for further dialogue with the Town of Stephens City. Upon motion made by Supervisor Sager, seconded by Supervisor Orndoff, the following resolution was referred back to Parks & Recreation Commission: WHEREAS, the Stephens CitylFrederick County Little League Park is owned and is to be developed by the Town of Stephens City as a recreational facility serving the residents of Stephens CitylFrederick County and adjoining localities; and WHEREAS, the facility is in need of adequate access; and WHEREAS, the procedure governing the allocation of recreational access funds as set forth in Section 33.1-223 of the Code of Virginia requires joint action by the Director ofthe Department of Conservation and Recreation and the Commonwealth Transportation Board; and WHEREAS, a statement of policy agreed upon between the said Director and Board approves the use of such funds for the construction of acCess roads to publicly owned recreational areas or historical sites; and WHEREAS, it appears to the Board of Supervisors and Town Council that all requirements ofthe law have been met to permit the Director ofthe Department of Conservation and Recreation to designate the Stephens CitylFrederick County Little League Park as a public recreational facility and further permit the Commonwealth Transportation Board to provide funds for access to this public recreation area in accordance with Section 33.1-223 of the Code of Virginia; and WHEREAS, the right of way of the proposed access road is provided by the County of Frederick at not cost to the Recreational Access Fund; and WHEREAS, the Board of Supervisors/Town Council acknowledges that, pursuant to the provisions of Section 33.1-223 of the Code of Virginia, this road shall be designated a "Virginia Byway" and recommends the Commonwealth Transportation Board, in cooperation with the Direction of the Department of Conservation and Recreation, take the appropriate action to implement this designation. Further, the Board of Supervisors/Town Council agrees, in keeping with the intent of Section 33.1-63 of the Code of Virginia, to use its good offices to reasonably protect the aesthetic or cultural value of this road. NOW, THEREFORE, BE IT RESOLVED, the Board of Supervisors of the County of Minute Book Number 27 Board of Supervisors Meeting of 02/13/01 I (J Frederick, Virginia, hereby requests the Director ofthe Department of Conservation and Recreation to designate the Stephens CityIFrederick County Little League Park as a public recreational area and to recommend to the Commonwealth Transportation Board that recreational access funds be allocated for an access road to serve said park; and BE IT FURTHER RESOLVED, that the Commonwealth Transportation Board is hereby requested to allocate the necessary recreational access funds to provide a suitable access road as hereinbefore described. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye REQUEST FOR GIS PROPOSALS AND SUPPLEMENTAL APPROPRIATION - APPROVED Assistant Planning Director Kris Tierney presented this request to the Board and advised that the Board's directive at the January GIS worksession was to request bids for aerial photographic services. He further advised that this was recently advertised with a closing date of Monday, February 12, at 2:00 P.M.. Bids were received from four firms. The actual bids received ranged from a low of$203,662.00 to a high of$707,251.00, with the low bid being submitted byL. Robert Kimball and Associates out of Ehensburg, Pennsylvania. Assistant Tierney further explained in order to accomplish this project in this calendar year, staffis requesting a general fund supplemental appropriation from Fund Balance into the Planning Department's budget in the amount of$203,662. Jim Lawrence, appeared before the Board earlier in the meeting under citizen comments, advised the Board at this time there was a possibility that his organization might be interested in making a donation toward this project. Chairman Shickle asked for an explanation as to the difference between DEM and DTM. Assistant Tierney explained. Marcus Lemasters, Mapping and Graphics Manager with the Planning Department, addressed the Board to further explain this request and advised that in his opinion DEM is the best way for the County to go. Chairman Shickle inquired about the bid process and the alternative part ofthe proposal. Mr. Lemasters explained that there was very little time from when the bid specs hit the street and the deadline for it to be returned to the county, and he felt that was the main reason for the low Minute Book Number 27 Board of Supervisors Meeting of 02/13/01 ./ ,. I L, response. Supervisor Reyes stated that he was reluctant to go any further with this without additional information. Assistant Tierney advised that staff would do whatever is necessary; however, time is ofthe essence. Supervisor Reyes stated that he did not want to hold up this project, and if Kris was comfortable with the proposal, he felt better about it. Supervisor Smith asked Mr. Lemasters ifhe was satisfied with the proposal. Mr. Lemasters replied yes. Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the GIS request was approved, as presented, by the following recorded vote: Richard C. Shickle - Nay Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Nay PUBLIC HEARING: (THIS PUBLIC HEARING IS THE RESULT OF PUBLIC WORKS COMMITTEE MEETING OF JANUARY 9. 2001): PUBLIC HEARING - (RESOLUTION #031-01) - AMENDMENT TO THE 2000-2001 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 2000-2001 BUDGET TO REFLECT THE LANDFILL BUDGET - APPROVED Upon motion made by Supervisor Orndoff, seconded by Supervisor Douglas, the following resolution was approved: WHEREAS, the Frederick County Board of Supervisors, meeting in regular session held on February 13, 2001, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2000- 2001 Budget be Amended to Reflect: Landfill Supplemental Appropriation in the Amount of$I,120,000 for Land Acquisition. Landfill Supplemental Appropriation in the Amount of $960,000 for the Construction of MSW - Phase II - Cell A. Landfill Supplemental Appropriation m the Amount of $260,000 for Real Estate Improvements. Landfill Supplemental Appropriation in the Amount of$260,000 for Professional Services. The Total Supplemental Appropriation is $2,600,000 and will be Appropriated from the Minute Book Number 27 Board of Supervisors Meeting of 02/13/01 (5 Landfill Fund Balance. ADOPTED this 13th day of February, 2001. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye COMMITTEE REPORTS: PARKS & RECREATION - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on January 26,2001. Members present were: Robert Roper, Robert Hartman, John Powell, Clarence Haymaker. Submitted for Board Information Onlv: 1. Election of Officers - The Commission unanimously elected Mr. Roper, Chairman and Mr. Sandy, Vice Chairman for 2001. 2. Meeting Date and Time - The Commission unanimously agreed to meet the third Tuesday of each month at 7:00 P.M. in the Executive Session Meeting Room. 3. Committee Appointments - Mr. Roper appointed committee members for 2001 as follows: Finance - Charles Sandy, Chairman, John Powell, Brenda Diehl (staff), Public Relations - Cheryl Swartz, Chairman, Joyce Duvall, Karen Vacchio (staff); capital Improvements/Buildings and grounds - Robert Hartman, Chairman, Clarence Haymaker, Matthew Hott (staff); Executive - Robert Roper, Chairman, Charles Sandy, Jim Doran (staff). EMERGENCY COMMUNICATIONS COMMISSION County Administrator Riley presented this report to the Board. The Frederick County Emergency Communications Commission met Monday, January 22, 2001. Commission members present were: County Administrator John R. Riley, Jr., Sheriff Robert Williamson, Supervisor Robert M. Sager and County Fire & Rescue Director Gary DuBrueler. The following items were discussed: ***Items Not Requiring Action*** 1. Communications Update - Approved Not To Exceed $200.000 Attending the Communications Commission meeting was Steve Guccio, from Oakwood Electronics, and Frank Spurr. Mr. Cuccio and Mr. Spurr are evaluating the radio problems the Sheriffs Department and Fire 7 Rescue have been experiencing. The tower used at the North Mountain site has become desensitized due to the addition of many cellular antennas at this location. In order for the Voting Receivers to function as designed we will need to purchase some additional equipment that was not installed in the beginning. An appropriation in the amount of$200,000.00 will be needed for this project. This amount will not cover the monthly charges from the moving ofthe antenna sites. The time line for this project will depend on FCC licensing and locating tower sites. At the current time a student from Shenandoah University is doing an internship with the Minute Book Number 27 Board of Supervisors Meeting of 02/13/01 1 (G Sheriffs Department to look into whether it would be financially feasible to hire a full-time radio technician. One benefit is that this individual will know the history, location and maintenance of the equipment. This individual will handle the Sheriffs, Fire & Rescue and the County radio system. The issue of raising the 911 tariffs to $1.60 from $1.25 was discussed. The increased tariff would generate an additional $200,000.00 a year, which would almost make the operational budget self sufficient. Chairman Shickle asked Administrator Riley about the tarifffor next year and asked that he work this out. Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the above request, not to exceed $200,000, was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye BOARD OF SUPERVISORS COMMENTS There were no additional comments at this time. UPON MOTION MADE BY SUPERVISOR ORNDOFF, SECONDED BY SUPERVISOR REYES, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME: 8:29 P.M.) , V~ ~1u Richard C. Shickle Chairman, Board of Supervisors ~~y-- Clerk, Board of Supervisors ~ Minutes Prepared By: ~F----r '~~'11c<>/~/ Carol T. Bayliss Deputy Clerk, Board of Supervisors Minute Book Number 27 Board of Supervisors Meeting of 02/13/01