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June 13, 2001 Regular Meeting 327 A Regular Meeting ofthe Frederick County Board of Supervisors was held on June 13,2001 at 5:30 P.M. (Closed Session), 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 (Supervisor Reyes did not arrive until 6:00 P.M.). CALL TO ORDER Chairman Shickle called the meeting to order. BOARD RETIRES INTO CLOSED SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the Board retired into Closed Session in Accordance with the Code of Virginia, 1950, as amended, Section 2.1-344, Subsection A (1), (3), and (7), to discuss Personnel, Acquisition and Disposition of Real Estate, and Legal Issues. 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 - Not in attendance at this time. BOARD WITHDREW 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, Sf. - Aye W. Harrington Smith, Jf. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the Board reconvened into Regular Session and certified nothing other than what was noted as reason for going into Closed Session was discussed. Minute Book Number 27 Board of Supervisors Meeting of06113/0t 328 The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sf. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye INVOCATION The invocation was delivered by Reverend Robert G. Stainback of the Centenary United Church of Christ. PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA County Administrator Riley advised that he had nothing to add. Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the agenda was adopted, 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 Administrator Riley suggested the following tabs for approval under consent agenda: 1. Resolution Requesting Name Change ofthe Lord Fairfax Planning District Commission - Tab C; 2. Resolution Proposing New Emergency Medical Services (EMS) Regulations - Tab D; 3. Parks and Recreation Commission Report - Tab K. Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the consent agenda, as noted above, 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 COMMENT Don Smith, Stonewall District, appeared before the Board to read a resolution passed by this Board of Supervisors on May 24, 2001 dealing with Battlefield Networking. Minute Book Number 27 Board of Supervisors Meeting of 06/13/01 329 MINUTES Upon motion made by Supervisor Orndoff, seconded by Supervisor Reyes, the minutes of the Regular Meeting of May 9, 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 DON BUTLER APPOINTED TO INDUSTRIAL DEVELOPMENT AUTHORITY FROM BACK CREEK DISTRICT Upon motion made by Supervisor Douglas, seconded by Supervisor Reyes, Don Butler was appointed to the Industrial Development Authority from Back Creek District. Mr. Butler will serve the unexpired term of Fred L. Glaize, III, who has resigned effective June 31. The term will commence on June 13,2001 and expire on November 10, 2002. 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 RESOLUTION (#048-01) REOUESTING NAME CHANGE OF THE LORD FAIRFAX PLANNING DISTRICT COMMISSION - APPROVED UNDER CONSENT AGENDA WHEREAS, a recommendation has been presented to the commission to change its name in order to remove the designation of "Planning District Commission" and substitute another designation in its place; and WHEREAS, a recommendation has also been presented to the commission to change its name to replace Lord Fairfax" with another more geographically identifiable name to describe the region contained in the commission; and WHEREAS, a majority of the representatives of the member jurisdictions of the Lord Fairfax Planning District Commission present at the May 17,2001 commission meeting voted to change the name ofthe commission to the "Northern Shenandoah Valley Regional Commission; and WHEREAS, in order for the commission's name to be officially changed, the majority of the member jurisdictions must pass a resolution supporting an amendment to the commission charter. NOW, THEREFORE, BE IT RESOLVED, that the County of Frederick, Virginia, as a member jurisdiction of the Lord Fairfax Planning District Commission, hereby supports an amendment to the commission charter to change the name of the commission to the "Northern Shenandoah Valley Regional Commission. Minute Book Number 27 Board of Supervisors Meeting of 06/13/01 330 ADOPTED this 13th day ofJune 2001. RESOLUTION (#050-01) PROPOSING NEW EMERGENCY MEDICAL SERVICES (EMS) REGULATIONS - APPROVED UNDER CONSENT AGENDA WHEREAS, the Virginia Department of Health, Office of Emergency Medical Services (EMS), is in the process of revising the Virginia EMS Regulations; and WHEREAS, version 2 of the draft regulations consists of6 parts and nearly 300 pages of text (with version 3 to be released soon); and WHEREAS, it has been expressed by the Virginia Office of EMS that the new regulations shall be effective as ofJanuary 1,2002; and WHEREAS, it is the responsibility of county ( and local) government to provide emergency medical services to its citizens; and WHEREAS, that on the surface many of the well-intended proposed rules and regulations are more applicable to urban areas that have more resources from which to draw and are often more compact geographic areas; and WHEREAS, it is believed that many small and rural jurisdictions may be unaware of the changes proposed in the newest version ofthe nearly 300 pages of draft regulations and thus do not have sufficient time to address many required changes and any budgetary adjustments by January 1,2002. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors for the County of Frederick, Virginia, on this 13th day of June 2001, that we urge the effective date ofthe regulation be delayed at least one year until January 1, 2003. BE IT FURTHER RESOLVED, by the Frederick County Board of Supervisors that we appreciate efforts by the Virginia Office of EMS to keep our emergency medical services systems modern, effective and efficient; however, the Virginia Office of EMS should always remember that such public services are funded within the means of our several communities across the Commonwealth. ADOPTED this 13th day ofJune 2001. REOUEST FROM SUPERINTENDENT FRED HILDEBRAND OF THE REGIONAL JAIL FOR TRANSFER OF FUNDS - APPROVED Administrator Riley presented this request to the Board. He advised the Jail anticipated a $20,000 shortfall in Medical and Laboratory fees. At that time Professional Health Services was predicted to have sufficient funding to cover such a transfer. However, the inmate population increased and extraordinary medical expenses were incurred as a result of inmate hospitalizations. Therefore, $18,000 is now needed in Professional Health Services to cover expected expenses through the fiscal year end. This request is for a transfer of $18,000, from Alterations to Old Buildings 11-3301-7011-00 to Professional Health Services 11-3301-3301-00. Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the above request was approved by the following recorded vote: Minute Book Number 27 Board of Supervisors Meeting of 06/13/01 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 REQUEST FROM DIRECTOR DUBRUELER OF FIRE AND RESCUE FOR A SUPPLEMENTAL APPROPRIATION - APPROVED Administrator Riley presented this request to the Board. He explained that a General Fund Supplemental Appropriation in the amount of $3,551.00 is being requested. This appropriation is required to appropriate the revenues received for the Fire School Program and the expenditures associated with the program. He further stated that a FY02 General Fund Supplemental Appropriation in the amount of$2,523.00 is also requested for anticipated revenues for FY02. The requested amount is to be placed into line item 4010-3202-5506-000 Travel. This will allow volunteers to attend out-of-town training opportunities. Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the above request 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 RESOLUTION (#049-01) OF SUPPORT FOR MEMORANDUM OF AGREEMENT RE: SHENANDOAH DEVELOPMENT PROJECT - APPROVED Administrator Riley explained that the resolution being presented expresses the Board's support for the continued state ownership of Lake Frederick, and the continued involvement of the State Department of Game and Inland Fisheries (DGIF) in the Shenandoah Project. The DGIF will be holding a public hearing on July 19th to consider approval of a Memorandum of Agreement between the department and the Dogwood Development Group concerning the treatment of, and access to, Lake Frederick and the surrounding property to be developed by Dogwood. Staff will be attending the hearing. If it is the Board's decision the resolution can be forwarded to the DGIF Board for their consideration. Chairman Shickle asked if the state becomes disinterested should the county not show some interest in this in this project. He further advised that before this would go to privatization he would Minute Book Number 27 Board of Supervisors Meeting of 06/13/01 332 like for Frederick County to be considered by the state. Assistant Tierney explained about the state's roll in this agreement Supervisor Sager made the motion, with Supervisor Reyes seconding, to approve the following resolution. WHEREAS, the land comprising the Dogwood Development Group's proposed project, known as "Shenandoah," to be situated around Lake Frederick in southeastern Frederick County, was zoned R-5 (Residential Recreational Community) by the Frederick County Board of Supervisors on October 22, 1975; and WHEREAS, the Shenandoah project constitutes a significant redesign of the former Wheatlands project which received Master Development Plan approval on July 10, 1991; and WHEREAS, the anticipated impacts of the proposed Shenandoah project to Frederick County and the Commonwealth, both economically and environmentally, are anticipated to be far more desirable than those of the previously approved Wheatlands proposal; and WHEREAS, a Preliminary Master Development Plan for the Shenandoah project was approved by the Frederick County Board of Supervisors on October 25,2000, contingent of certain conditions, one of which was the execution of an agreement between the Dogwood Development Group and the State Department of Game and Inland Fisheries; NOW, THEREFORE BE IT RESOLVED, that Frederick County does hereby express its strong support for the continued state ownership of Lake Frederick and the ongoing involvement of the Department of Game and Inland Fisheries in the Shenandoah project; BE IT FURTHER RESOLVED, that Frederick County supports the execution of the Memorandum of Agreement as drafted March 22,2001. Passed this 13th day of June, 2001. The above resolution was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sf. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye CORRESPONDENCE FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION RE: ANNUAL PROGRAM MEETING IN STAUNTON IN JULY.20ot Administrator Riley advised the annual VDOT meeting will be held on Monday, July 16, at the Augusta County Government Center in Verona. Supervisor Smith and Supervisor Sager will be attending along with staff from the planning department. PLANNING COMMISSION BUSINESS REZONING #04-00 OF MID-ATLANTIC INDUSTRIAL & TECH CENTER - SUBMITTED BY GREENWAY ENGINEERNG ON BEHALF OF SHOCKEY INDUSTRIES. TO REZONE 206 ACRES FROM RA (RURAL AREAS) TO M1 (LIGHT INDUSTRIAL). AND 198 ACRES FROM RA (RURAL AREAS) TO M2 Minute Book Number 27 Board of Supervisors Meeting of 06/13/01 33 (INDUSTRIAL GENERAL). THIS PROPERTY IS LOCATED EAST OF MILBURN ROAD (ROUTE 662). SOUTH OF OLD CHARLES TOWN ROAD (ROUTE 761) AND SOUTHWEST OF JORDAN SPRINGS ROAD (ROUTE 664) AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 44-A-31. 44-A-292. AND 44-A-293 IN THE STONEWALL MAGISTERIAL DISTRICT - POSTPONED Chairman Shickle asked the Board what was their pleasure. Supervisor Orndoff stated that he had spent much of the day on the phone with citizens asking him to say no to this rezoning. Suggestions were made to send this request back to the planning commission to work out various aspects of this request as they are saying they don't understand everything that has been presented. At this time Supervisor Orndoff moved to table (postpone) this request in order for certain plans to be worked out. Supervisor Smith seconded this motion. Supervisor Reyes stated before he votes on this application he would like to preface his action by voicing his comments on some of the issues. He further stated that he would like to make a brief statement about last evening's public hearing. He was very pleased with what he saw and what he heard. Airing the various views on a very sensitive issue in an intelligent and civil manner speaks well for the citizens of Frederick County. Regarding the application that is now before this Board, he wished to join the ranks of many others in saying that Mr. Don Shockey is without a doubt a credit to this fine community. There is no question that his concerns for the citizens here are genuine. His unwavering support and financial generosity speaks volumes ofthe man and his family. He would like to say to some members ofthe public, that being a business man does not put horns on his head and make him a bad person. The merits of his application should be judged on its contents. He wanted to make it perfectly clear that he fully embraces industrial development as a vital concept to increase our tax base, and to offset the cost of services brought on by residential growth. He does have some concerns about some of the figures that have been arrived at on this project. Revenues - $28 million was referenced; however, when questions were asked about the $28 million this was taken back to the drawing board and a new figure of$22 million. The time span for this project in the beginning was ten years; however, that has also been changed to twenty years. He feels the jury is still out on revenue projections. The availability of water- questionable amount of water tables - The last study was conducted in 1978. The questionable impact, and the results ofthe ongoing one will not be available Minute Book Number 27 Board of Supervisors Meeting of 06/13/01 334 for a couple of years. This questionable impact on five productive wells on neighboring residential property within this community is a concern. The original estimates were 2.3 million gallons per day; however, that figure is now 403 million gallons per day. Stormwater Management -is another concern. 170 of208 acres under roof, and impervious pavement could negatively impact groundwater runoff causing pollution to neighboring private wells. Who would pay for this damage? The jury is still out on the validity of the impact model, and perhaps our comprehensive model needs to be revisited. The jury is still out on so many things about this application, but there is one thing that is perfectly clear in his mind, and that is the effected residential property owners in the subject area, they come first. There are one thousand acres of vacant industrial land with rail service available. Stephenson's Depot is not the area for this project. The health, and safety ofthe children the traffic, the air pollution, the loss of property values, all are valid reasons why we should find another place to put this industry. Supervisor Sager stated that he had advised Mr. Shockey that he would not support this rezoning request. He advised that he would support the motion to table. He does not know whether there is a resolution to the problems. He is willing to wait and see whether the developer, the community, and the planning staff, and any other departments, can work it out. The above motion was approved 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 SUBDIVISION APPLICATION #13-01 OF LANDS OF WINCHESTER NORTH. INC. AND BRENTWOOD INVESTMENT COMPANY - APPROVED Zoning Administrator Patrick Davenport presented this request to the Board advising that the planning commission and staff recommended approval. This is for the subdivision and boundary line adjustment to create three lots from land totaling 7.0959 acres. Upon motion made by Supervisor Orndoff, seconded by Supervisor Douglas, the above subdivision application was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Minute Book Number 27 Board of Supervisors Meeting of 06/13/01 335 Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye WOODLANDS DISTURBANCE ALLOWANCES - SECTION 165-31b(7) - TO BE ADVERTISED FOR JULY 11. 2001 BOARD MEETING Planning Director Evan Wyatt presented this information to the Board. He explained that the County Administrator directed the Development Review and Regulations Subcommittee (DRRS) to revisit the issue of woodlands disturbance allowances. The concern lies primarily with RP (Residential Performance) District land that is heavily wooded and the associated woodland disturbance allowances for this land. Director Wyatt further explained that staffhas proposed a two- phased approach to address this issue that has been approved by the County Administrator' Office. The first phase would provide the land owner with a waiver provision similar to that already in the ordinance for industrial parks, office parks, and shopping centers. The second phase would be the development of a detailed ordinance that would be equitable and easily adapted to the construction process. Following Board discussion, it was the general consensus that more time was needed before the Board felt comfortable voting on this text amendment. Administrator Riley asked the Board if they were satisfied to let staff proceed with the advertisement, which would commit the Board in no way, in order to move ahead with this task. Upon motion made by Supervisor Sager, seconded by Supervisor Douglas, the Woodlands Disturbance Section 165-3IB(7) will be advertised for public hearing for the Board meeting of July 11,2001. 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 AND RECREATION COMMISSION - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on May 15, 2001. Members present were: Charles Sandy, Robert Roper, Robert Harman, John Powell, Clarence Haymaker, Joyce Duvall, and Board member Margaret Douglas. Minute Book Number 27 Board of Supervisors Meeting of 06/13/01 336 Submitted for Board Information Only: 1. Frederick County Sanitation Authority Easement Reauest - Mr. Hartman moved to approve the Sanitation Authority's 20 ft. easement request as follows: The Authority would install the water line under the northeast corner of the pool parking lot at Clearbrook Park as soon as possible and complete the crossing of Pools ide Drive by boring under the road. Blasting from the pool to the northwest corner ofthe park could begin if work is completed by June 15; otherwise, this portion oftheproject would be delayed until October 1. This motion was seconded by Mr. Haymaker, and unanimously approved. 2. Cosponsored Group Request to Conduct 50/50 Raffles. - Mr. Sandy moved to deny the request from the National Little League to sell raffle tickets in the county parks. This motion was seconded by Ms. Duvall and unanimously approved. PUBLIC WORKS COMMITTEE The Public Works Committee met on Tuesday, May 29,2001, at 8:00 a.m. All members were present except Jim Vickers. The following items were discussed: ***ltems Requiring Action*** 1. North Mountain Tower Al:reement - Approved The committee unanimously recommended that tower owners accessing their sites via the ShawneeLand roads network pay the prevailing yearly fee for a developed lot. The current rate is $370 per year. This motion was amended to exclude county owned towers. Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith, the above agreement 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 2. Sidewalk Repairs - Approved The committee reviewed and unanimously approved a proposal from Ricketts Construction Company, Inc. to repair a drainage problem within the patio area behind the county office complex. The proposed repairs will be performed on a time and materials basis with a not to exceed price of $4,000. Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith, the above request 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 Minute Book Number 27 Board of Supervisors Meeting of 06/13/01 337 ***ltems Not Requiring Action*** 1. Buildinl! Code Chanl:e - Radon Mr. John Trenary presented a new building code requirement related to radon in residential structures. The attached memorandum dated April 17, 2001, highlights the current code requirements and explains the changes related to implementing radon resistant construction in residential dwellings. (Attachment 2) A motion was made by George Ludwig and seconded by Jim Wilson to modify the local ordinance to give the building inspection department the authority to enforce the new building code change related to radon. The motion was unanimously approved by the committee and will be forwarded to the code and ordinance committee for their review and approval. 2. Discussion on Electronic Solid Waste Products Ms. Gloria Puffinburger, recycling coordinator, presented a plan to recycle electronic equipment (i.e., computer monitors, television screens, etc.) that has been banned from disposal at our local landfill by the Department of Environmental Quality. She presented several potential disposal options for discussion and future consideration. These options will be explored in greater detail to determine a recommended solution for a growing problem. A recommended alternative will be presented to the committee before making a public announcement. 3. Erosion and Sediment Control Ordinance Update Mr. Joe Wilder, engineering technician, presented an overview of planned revisions to the existing erosion and sediment control ordinance to comply with current state requirements. Mr. Jim Wilson and Mr. Tom Offutt volunteered to serve on an ad hoc committee to review the revised ordinance. It is anticipated that the revised ordinance will be submitted to the public works committee for their review within 90 days. It is hopeful that the ordinance revisions including public hearings, and board review and approval will be completed by May 31, 2002. (Attachment 3) 4. Closed Session A closed session was convened to discuss acquisition of property. 5. Miscellaneous Reports a) Tonnage Report (see Attachment 4) b) Recycling Report (see Attachment 5) c) Animal Shelter Dog Report (see Attachment 6) d) Animal Shelter Cat Report (see Attachment 7) BOARD OF SUPERVISOR COMMENTS There were no additional comments at this time. UPON MOTION MADE BY SUPERVISOR SAGER, SECONDED BY SUPERVISOR ORNDOFF, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME: 8:00 P.M.) Minute Book Number 27 Board of Supervisors Meeting of 06/13/01 338 ~Q c...~.lL-k ^--.J Richard C. Shickle Chairman, Board of Supervisors Minutes Prepared By: ~ T ~ 0 Carol T. Bayliss Deputy Clerk, Board of Supervisors Minute Book Number 27 Board of Supervisors Meeting of 06/13/01