Loading...
March 12, 2001 Regular Meeting I; 'J () 'l) A Regular Meeting of the Frederick County Board of Supervisors was held on March 12, 2001, 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 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. INVOCATION The invocation was delivered by Reverend Bobby Alger with the Crossroads Community Church. PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the board adopted the agenda 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 CONSENT AGENDA There were no items approved under the consent agenda. CITIZEN COMMENTS Mark Stivers. Stonewall District, respectfully requested the board to leave the public hearing date for the Mid Atlantic Technical Business Park Rezoning for April 25 and also asked that plenty of time be scheduled to allow all the citizens to address their concerns on this issue. MINUTES OF FEBRUARY 21. 2001. BUDGET WORKSESSION - APPROVED Upon motion made by Charles W. Orndoff, Sr., seconded by Sidney A. Reyes, these minutes were approved by the following recordcd vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Minute Book Number 27 Board of Supervisors Meeting of 03/12/01 I 'J<) I ' . Margaret B. Douglas - Aye Sidney A. Reyes - Aye MINUTES OF FEBRUARY 28. 2001. WORKSESSION/REGULAR MEETING - APPROVED Upon motion made by Charles W. Orndoff, Sr., seconded by Sidney A. Reyes, these minutes were approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, SI. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye COMMITTEE APPOINTMENTS The board had no committee appointments. PUBLIC HEARING DATE OF APRIL 25. 2001. SCHEDULED FOR THE MID- ATLANTIC TECHNICAL BUSINESS REZONING AT SHE RANDO HIGH SCHOOL Upon motion rnade by Charles W. Orndoff, SI., seconded by Robert M. Sager, the board established this date for public hearing on the Mid-Atlantic Technical Business Rezoning request and 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 County Administrator John R. Riley, Jr., reminded the board that staff needed responses concerning a memorandum he had sent to them regarding the format for this public hearing item. REOUEST FROM SHERIFF ROBERT T. WILLIAMSON FOR TRANSFERS TOTALING $128.652.67 TO COVER FINAL VEHICLE LEASE PAYMENTS - APPROVED County Administrator Riley presented this request. Upon rnotion made by Robert M. Sager, seconded by Sidney A. Reyes, this request was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, SI. - 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 03/12/01 County Administrator Riley presentcd this request. 'S 0 CE d as -- ard Co ST K - IT R RU AT R. 'val "--- OF TY ER ER I' \1') .::UU REQUEST FROM THE COUNTY ADMINISTRATOR TO CHANGE WORKER COMPENSATION CARRIER FROM VIRGINIA MUNICIPAL LEAGUE T VIRGINIA ASSOCIATION OF COUNTIES GROUP SELF-INSURAN ASSQCIATION - APPROVED Mr. Chris Carey with the Virginia Association of Counties appeared before the board an explained that the state has mandated these benefits so V ACoRP will provide the same services VML and all service fees will be included in the premiums. Upon motion made by W. Harrington Smith, Jr., seconded by Sidney A. Reyes, the bo authorized signature of the applicable agreement and application for membership to the V A Group Self-Insurance Association and 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 The initial savings in premiums to the county will be approximately $10,000. PUBLIC HEARINGS: PUBLIC HEARING - REQUEST FROM MOUNT AINVIEW CHURCH OF CHRI FOR AN OUTDOOR FESTIVAL PERMIT. PURSUANT TO THE FREDERIC COUNTY CODE. CHAPTER 86. FESTIVALS: SECTION 86-3 C. PERM REQUIRED: APPLICATION: ISSUANCE OR DENIAL: FOR AN OUTDOO FESTIVAL PERMIT. FESTIVAL TO BE HELD AUGUST 31 2001 TH SEPTEMBER 3. 2001. FROM 8:00 A.M. TO 9:00 P.M. EACH DAY. MOUNTAINVIEW CHURCH OF CHRIST. 153 NARROW LANE. WINCHESTE VIRGINIA 22602 - APPROVED County Administrator Riley presented this request. There was no public input. Upon motion made by Robert M. Sager, seconded by Margaret B. Douglas, this festl permit 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 PUBLIC HEARING - RESOLUTION (#037-01) TO AMEND THE ARTICLES INCORPORATION OF THE FREDERICK COUNTY SANITATION AUTHORI TO PROVIDE FOR A LIMITED EXPANSION OF THE AUTHORITY'S POW TO OPERATE AND MAINTAIN SEWAGE TREATMENT FACILITIES UND STATED CONDITIONS - APPROVED Minute Book Number 27 Board of Supervisors Meeting of 03/12/01 iU'" '::' I Frederick County Sanitation Authority EngineerIDirector Wellington H. Jones presented this request and answered questions from the board. There was no public input. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the following resolution was approved: RESOLUTION TO AMEND THE ARTICLES OF INCORPORATION OF THE FREDERICK COUNTY SANITATION AUTHORITY TO PROVIDE FOR A LIMITED EXPANSION OF THE AUTHORITY'S POWER TO OPERATE AND MAINTAIN SEWAGE TREATMENT FACILITIES UNDER STATED CONDITIONS: RESOL VED, that the Articles of Incorporation ofthe Frederick County Sanitation Authority adopted April 10, 1967, and since amended from time to time, be further amended by Articles of Amendment in the following form: ARTICLES OF AMENDMENT OF FREDERICK COUNTY SANITATION AUTHORITY 1. The name of the Authority is "Frederick County Sanitation Authority". 2. The amendment adopted is to strike the first paragraph of Paragraph (c) of the Articles ofIncorporation and insert in lieu thereof the following: (c) The purpose for which the Authority is created is the acquisition, construction and maintenance of (a) an integrated water system for supplying and distributing water in Frederick County and (b) an integrated sewer system for Frederick County, and for the purpose of exercising the powers conferred by the Virginia Water and Waste Authorities Act. By prior Amendment, Certificate for which was issued by the State Corporation Commission October 24, 1985, the power of the Authority to acquire, construct, operate or maintain additional facilities for treatment or disposal of sewage was restricted and, pursuant thereto, its Abrams Creek, Stephens Run and Lakeside sewage treatment facilities have been terminated and discontinued. By this Amendment, the limitation on the purpose and power of the Authority is partially restored to permit operation, construction and maintenance of such facilities provided they are owned by Frederick-Winchester Service Authority, which must approve such role ofthe Authority. 3. The Articles of Amendment were approved by a Resolution of the Board of Supervisors of Frederick County, Virginia, adopted on March 12,2001, following a public hearing duly called and held on March 12,2001, as provided by law. IN WITNESS WHEREOF, the Board of Supervisors has caused these Articles to be executed this day of ,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 PUBLIC HEARING - 2001 REASSESSMENT - TAX RATE TO BE ADVERTISED AT 61 CENTS PER $100 FOR REAL EST ATE Minute Book Number 27 Board of Supervisors Meeting of 03/12/01 ), l'-' €.:u~ County Administrator Riley presented this information. He advised the board (a memorandum was provided along with statistical information provided by the commissioner of the revenue) that an error had been made and that new revenues projected for the land use taxation deferral program were not included in the total revenue estimates creating a shortfall of $496,664 in funding for the proposed budget. In order to not lose the $496,664 in revenue, a sixty-two and half cents rather than sixty one cents would need to be advertised for the budget public hearing. If not, staff would have to make the appropriate budget cuts or transfers of funding to balance the proposed budget. The following citizens appeared before the board regarding the county's general reassessment: Raymond Gritsko. Back Creek District, addressed concerns with the reassessment hearings he attended and the lack of information he was able to receive. He felt his property was assessed too high (17 percent) for the short period of time that he has owned it. He would like to see more information provided to the homeowner when the initial information is mailed out so that individuals can get a better understanding of the reassessment. He had too many questions that could not be answered and his subdivision does not obtain any services (Clayhill Subdivision) as they maintain their own roads, provide their own water and sewer, and with only 17 houses in the subdivision three properties have school children. He does not understand why something can not be done for property owners who do not have school age children and why everyone should have to pay the same amount of taxes if all services are not provided to you as a homeowner. David Dovell. Opequon District, addressed concerns with the increased tax rate. He is a self employed truck driver and with the economy getting tough, especially with increased fuel prices, he needs relief from taxes, not increases. His income decreases while his bills increase. He did not agree with a 25 percent increase in taxes as this will be very tough for him. Mark Stivers. Stonewall District, commended the board for their efforts in trying to prepare a feasible budget for services needed for the Frederick County citizens. He felt there does need to be some type of provisions for elderly citizens who do not have school age children and for those who do not obtain the full services as most county residents. Upon motion made by Robert M. Sager, seconded by Sidney A. Reyes, the board ratified the rate of 61 cents per $100 assessed value for real estate to be advertised for the budget public hearing Minute Book Number 27 Board of Supervisors Meeting of 03/12/01 ), 1 ') L,..; and 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 END OF PUBLIC HEARING ITEMS COMMITTEE REPORTS PARKS AND RECREATION COMMITTEE REPORT - APPROVED County Administrator Riley advised the board that the Stephens City Recreational Access Grant Request was approved by the Commission. County staff is working with the Town of Stephens City staffto make sure they are meeting all points ofthe grant and assisting them with any other issues dealing with the grant process. Upon motion made by Margaret B. Douglas, seconded by Sidney A. Reyes, the following committee report was approved: The Parks and Recreation Commission met on February 20,2001. Members present were: Charles Sandy, Robert Hartman, John Powell, Clarence Haymaker, and Margaret Douglas. Submitted for Board Information Onlv: 1. Stephens City Recreational Access Grant Reauest - Mr. Hartman moved to recommend that the board of supervisors endorse a request from the Town of Stephens City to apply for recreational access grant funds to improve access to the proposed baseball complex in the Stephens City area, seconded by Mr. Powell, carried unanimously (4-0). 2. Middletown Funding Reauest - No action required. 3. North Mountain Picnic Shelter - Mr. Haymaker moved that the staff consult with the county attorney to legally transfer ownership ofthe shelter at the North Mountain Fire Company to its board of directors, second by Mr. Powell, carried unanimously (4-0). 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 PUBLIC WORKS COMMITTEE REPORT - APPROVED County Administrator Riley advised the board that correspondence was received from the Department of Historic Resources that disbursement of state grant funds have been frozen for the Old Frederick County Courthouse renovation project. Information will be presented at the next Minute Book Number 27 Board of Supervisors Meeting of 03/12/01 c:U4 Public Works Committee to get direction from the committee and board on how they wish staff to proceed with this project based on the reduced funding of$150,000 from the state (total amount budgeted is $300,000 with $150,000 matched by the county). Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., the following committee report was approved: The Public Works Committee met on Tuesday, February 27, 2001 , at 8 :00 a.m. All members were present. The following items were discussed and did not require board action: 1. Acceptance of Waste from Outside of Regional Area Several of the supervisors received a complaint from a local contractor claiming that because he pays local business taxes he should be able to dispose of waste derived from outside of the regional area at the Frederick County Landfill. According to our recently adopted solid waste ordinance article III, section 142.54. Prohibited Solid Waste, it shall be unlawful for any person or business to dispose oLany waste derived from outside the landfill service area. ..at the county-owned and/or operated landfill. After discussing this issue at length, a motion was made by George Ludwig and seconded by Jim Vickers to support the current policy. The motion was unanimously endorsed by the committee. 2. Status of Old Court House Renovation Responses were received on March 26, 2001, to pre-qualify contractors to bid on the renovation of the Old County Court House. Contractors submitting responses were limited to Howard Shockey and Sons, Inc. and Lantz Construction Company of Winchester, Inc. A mandatory pre-bid meeting is scheduled for March 12, 2001, at 10:00 A.M. at the Old Court House. Subsequent bids are due on March 23, 2001. The design documents include a base bid and several alternates. Available funding will determine how many alternates will be accomplished. In general, the base bid will include stabilizing and repairing the cupola, painting the exterior of the court house including the cupola, completing the interior demolition, installing a new HV AC system, and finishing the ceiling with minimal lighting. 3. Update on Various Landfill Proiects Mr. Joe Wilder presented a brief progress report for the following landfill projects: a. Municipal Solid Waste (MSW) Cell Development: The rough grading for a new eight (8) acre MSW cell has been recently completed by Hetzer Construction Company. We hope to award a contract for the completion of the cell including a composite liner and leachate collection layer in mid-April, 2001. b. Construction/Demolition Debris (CDD) Cell Development: Hetzer Construction Company completed the rough grading for a nine (9) acre cell associated with the CDD landfill. We anticipate awarding a contract in June or July to complete the clay liner and leachate collection layer. c. New Gas Heaters: A contract has been awarded to Lyle P. Strosnyder, Inc. to extend the landfill gas system to serve new heaters in the shop and adjacent storage building. The cost of the new system will be $88,000. It is anticipated that the new system will result Minute Book Number 27 Board of Supervisors Meeting of 03/12/01 in cost savings of approximately $10,000 per year in LP gas purchases. 4. Miscellaneous Reports a) Tonnage Report (see Attachment 1) b) Recycling Report (see Attachment 2) c) Animal Shelter Dog Report (see Attachment 3) d) Animal Shelter Cat Report (see Attachment 4) 5. Closed Session A closed session was convened in accordance with Code of Virginia Section 2.1-344(A), 5 and 7 to discuss impending legal action and the potential expansion of an existing business. 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 DEPARTMENTAL 2001-2002 ANNUAL WORK PROGRAMS These work programs were submitted for the board's information. Chairman Shickle asked the county administrator to include a summary with future annual work programs for easier reading. BOARD OF SUPERVISORS' COMMENTS Supervisor Sager took this moment to recognize two former county employees who had recently passed away. Charles Stine who worked with the sheriffs department and Louise White who also worked in the sheriffs department as a dispatcher. Both were well respected and Supervisor Sager wanted to acknowledge his friendship, personal respect of these individuals, and the contributions that they both gave to the county. UPON MOTION MADE BY CHARLES W. ORNDOFF, SR., SECONDED BY MARGARET B. DOUGLAS, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED (8:00 P.M.). \ Q.~--2 L~~ Richard C. Shickle Chairman, Board of Supervisors Clerk, Board 0 Minutes Prepared By: dE' -X~/.??'"/A./ C~anner Administrative Assistant Minute Book Number 27 Board of Supervisors Meeting of 03/12/01