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HomeMy WebLinkAboutOctober 25, 2000 Regular Meeting U(7 A Regular Meeting of the Frederick County Board of Supervisors was held on October 25, 2000 at 5 :30 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. ADOPTION OF AGENDA County Administrator Riley requested the following amendments to the agenda: 1. Request from Superintendent of Regional Jail for appropriation of funds for scanning equipment. 2. Appointment of citizen members to Board of Equalization. 3. The addition of "Legal" to the Closed Session. 4. Request to have Tabs L & M moved to early portion of meeting if time permits. Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the agenda was adopted, as amended, by the following recorded vote: Richard C. Shickle - Aye 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 Rilcy suggested the following tabs for approval under consent agenda: 1. Parks and Recreation Commission Report - Chairman Shickle requested to have #2 of this report pulled, as he had some questions concerning this. Tab E; 2. Landfill Oversite Committee - Tab F. Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the consent agenda was approved, 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 Minute Book Number 27 Board of Supervisors Meeting of 10/25/00 lrrs Sidney A. Reyes - Aye PUBLIC HEARINGS: PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 48. ANIMALS AND FOWL. BY THE ADDITION OF ARTICLE IV. AUTHORITY FOR BURIAL OR CREMATION OF DECEASED ANIMALS OR FOWL. THE PURPOSE OF THIS PROPOSED AMENDMENT IS TO REOUlRE THE BURIAL OR CREMATION OF DECEASED ANIMALS OR FOWL. AND IN THE ABSENCE OF SUCH OWNER. TO ALLOW THE BURIAL OR CREMATION BY AN OFFICER OR OTHER PERSON DESIGNATED - APPROVED County Administrator Riley presented this ordinance amendment to the Board. Chairman Shickle had some questions concerning the amendments to this ordinance. There was no public input. Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the following ordinance amendment was approved: BE IT ORDAINED, that Chapter 48, Animals and Fowl, be Amended to Add Article IV, Authority for Burial or Cremation of Deceased Animals or Fowl, to read as follows: CHAPTER 48 ANIMALS AND FOWL ARTICLE IV AUTHORITY FOR BURIAL OR CREMATION OF DECEASED ANIMALS OR FOWL When the owner of any animal or grown fowl which has died knows of such death, such owner shall forthwith have its body cremated or buried, and if he fails to do so, any judge of a general district court, after notice to the owner ifhe can be ascertained, shall cause any such dead animal or fowl to be cremated or buried by an officer or other person designated for the purpose. Such officer or other person shall be entitlcd to recover ofthe owner of every such animal so cremated or buried the actual cost of the cremation or burial, not to exceed seventy-five dollars ($75.00), and ofthe owner of every such fowl so cremated or buried the actual cost ofthe cremation or burial, not to exceed five dollars ($5.00), to be recovered in the same manner as officers' fees are recovered, free from all exemptions in favor of such owner. Any person violating the provisions of this section shall be guilty of a misdemeanor punishable by a fine not to exceed two hundred and fifty dollars ($250.00). Nothing in this section shall be deemed to require the burial or cremation of the whole or portions of any animal or fowl which is to be used for food or in any commercial manner. 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 - Aye PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 142. SOLID WASTE. TO DELETE AND REPEAL THE Minute Book Number 27 Board of Supervisors Meeting of 10/25/00 (9 EXISTING CHAPTER IN ITS ENTIRETY AND READOPT A NEW AND REVISED CHAPTER 142. SOLID WASTE - APPROVED AS AMENDED County Administrator Riley presented this ordinance amendment to the Board advising that committee had spent a great deal of time on this particular ordinance. Chairman Shickle had numerous questions about this ordinance; therefore, Public Works Director Ed Strawsnyder was asked to appear before the Board in order to reply to Chairman Shickle's questions. There was no public input. Following an in depth discussion of this ordinance, Supervisor Smith moved to approve, as amended, with Supervisor Orndoff seconding the motion. Due to the volume of this ordinance amendment it is not included in the minutes; however, a complete copy ofthe amendments are on file in the office of the county administrator, the Public Works Department, and the county code. 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 - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 155. TAXATION. ARTICLE XVII. MEALS TAX. TO INCLUDE CHANGES MADE IN THE CODE OF VIRGINIA. REGARDING CERTAIN EXEMPTIONS FROM THE MEALS TAX WHICH WENT INTO EFFECT JULY 1. 2000 - APPROVED County Administrator Riley presented this ordinance amendment to the Board. There was no public input. Upon motion made by Supervisor Reyes, seconded by Supervisor Sager, the following ordinance amendment was approved: BE IT ORDAINED, that Chapter 155, Taxation, Article XVII, Meals Tax, Section 155-126, Exemptions, by the Addition of Paragraphs K and L, to read as follows: K. The county shall not levy any tax under this section upon alcoholic beverages sold in factory sealed containers and purchased for off-premises consumption. L. The county shall not levy any tax under this section upon food purchased for human consumption as "food" is defined in the Food Stamp Act of 1977, 7 U.S.C, ~2012, as amended, and federal regulations adopted pursuant to that act, except for the following items: sandwiches, salad bar items sold from a salad bar, prepackaged single-serving salads Minute Book Number 27 Board of Supervisors Meeting of 10/25/00 U80 consisting primarily of an assortment of vegetables, and non- factory sealed beverages. 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 - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 155. TAXATION. ARTICLE VIII. UTILITY TAXES. TO AMEND THE UTILITY TAX ON ELECTRICITY AND GAS RATES TO REFLECT THE CHANGES IN THE CODE OF VIRGINIA. DUE TO THE DEREGULATION OF THESE UTILITIES - APPROVED County Administrator Riley presented this ordinance amendment to the Board. Chairman Shickle questioned the $ symbol on pages 2 and 3 as this refers to a percentage and not funds. Commissioner of the Revenue Ellen Murphy appeared before the Board to address Chairman Shickle's questions. There was no public input. Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the ordinance amendment was approved as amended (a complete copy of this amendment is on file in the office of the county administrator, and in the County Code.) The above ordinance amendment 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 HEARINGS COMMITTEE REPORTS: PARKS AND RECREATION COMMISSION - APPROVED UNDER CONSENT AGENDA WITH EXCEPTION OF #2 The Parks and Recreation Commission met on September 19, 2000 at Orchard View Elementary School. Members present were: Robert Roper, Charles Sandy, Cheryl Swartz, Robert Hartman, John Powell, Joyce Duvall. Submitted for Board Information Only: 1. CIP Recommendations - Mr. Sandy moved to approve the CIP Committee's Minute Book Number 27 Board of Supervisors Meeting of 10/25/00 81 recommendations for 2001-02, seconded by Mf. Hartman, carried unanimously (6-0) 2. Fees and Charges Recommendations - Mrs. Swartz moved to accept the Finance Committee's recommendations for FY 2002 fees and charges, seconded by Ms. Duvall, carried unanimously (6-0) - Pulled As Requested by Chairman Shickle. 3. Policv Review - Mr. Sandy moved to approve the policy on background checks, contingent upon review by the County Attorney, seconded by Mr. Hartman, carried unanimously. (6-0) LANDFILL OVERSITE - APPROVED UNDER CONSENT AGENDA The Landfill Oversight Committee met on Thursday, September 21,2000, at 8:00 a.m. in the first floor conference room at the Frederick County Administration Building. All committee members were present. The following issues were discussed: 1. Current Project Summary a. Active Gas Recovery System: Organic Waste Technologies, Inc., has completed the new gas recovery system and associated flare. We are currently generating approximately 400 cfm of gas. b. Expansion of ConstructioniDemolition Debris (CDD) landfill: The additional four (4) acres of CDD Landfill has been completed. Disposal in the new cell was initiated in August. 2. Future Project Summarv a. Municipal Solid Waste (MSW) Expansion: Approximately eight (8) acres of new MSW landfill space is planned for this fiscal yeaf. The contract should be awarded on or about April 1, 2001. The project budget is $1,600,000. b. CDD Expansion: Approximately nine (9) acres of CDD landfill expansion is planned for the upcoming FY 01102 budget. It is anticipated that this project will commence on or about July 1,2001. The cost is estimated at $900,000. c. Leachate Greenhouse: The proposed leachate greenhouse project should commence on or about May 1,2001, with a completion date on or about June 30, 2001. The cost has been estimated at $150,000 including the gas piping and associated boiler. d. Access Road Pavement: A Request for Bids is currently being prepared to pave approximately one (1) mile of access road from the scale house to the CDD Landfill. The cost is estimated at $200,000. 3. Request from Citv of Winchester to Reduce Tipping fee for Yard Waste The City of Winchester had verbally requested that the landfill's staff evaluate the possibility of reducing the tipping fee for yard waste. The attached memorandum (Attachment 1) dated September 20,2000, summarizes the staffs evaluation and recommendation for this issue. The committee decided to further study this issue by forming an ad hoc committee composed of representatives from Frederick County and the City of Winchestef. 4. Review Draft Special Use Permit for Clay Extraction on Peter Paul Rilev Farm A draft ofthe special use permit for clay extraction on the Riley farm was presented to the committee for general information purposes. The Clarke County planning commission will take final action on this permit on October 6, 2000. 5. Tipping Fee for Sewage Sludge Minute Book Number 27 Board of Supervisors Meeting of 10/25/00 (10'1 VOL Currently, the landfill provides free sludge disposal from the Parkins Mill Treatment Plant in exchange for free testing seryices and assistance related to the operation of our leachate treatment facility. Because of recent changes in our operational procedures, the landfill no longer needs the assistance of Parkins Mill. Therefore, a motion was made by Gary Lofton and seconded by Mike Noel to commence charging Parkins Mill at a rate of eight (8) dollars per ton effective January 1, 2001. The motion was unanimously approved by the committee. A letter will be drafted to the sanitation authority highlighting the new change. PUBLIC WORKS COMMITTEE The Public Works Committee met on Tuesday, September 26, 2000, at 8:00 a.m. All members were present except for Tom Offutt. The following items were discussed: ***Items Requiring Action*** 1. Bid Selection for Finishing the First Floor Office Space - Approved The Director of Public Works presented the results of a bid advertisement for finishing approximately 726 square feet of office space on the first floor of the county office complex. A motion was made by W. Harrington Smith, Jr. and seconded by Jim Vickers to accept the bid submitted by C.S. Jennings Construction, Inc. in the amount of $21,317.42. The motion was unanimously approved. (Attachment 1) Funding for this project was previously reviewed and approved by the committee during their Augustmeeting. The Assistant County Administratorwas given the responsibility of submitting this funding request to the Finance Committee prior to review by the board. Upon motion made by Superyisor Orndoff, seconded by Superyisor 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 2. Selection of Architect for Design of Third Floor Office Space - Approved The Director of Public Works presented a proposal from Beery Rio and Associates to prepare construction documents for finishing the third floor ofthe new county office complex. The proposal includes the entire floor area (20,000 square feet). The floor space will be either used to temporarily house the Sheriff s office or provide expanded space for the office of Social Seryices who currently occupy approximately 8,500 square feet on the second floor. (Attachment 2) Social Seryices has expressed a need for approximately 6,000 square feet of additional office space. Ifthey move to the third floor, then their vacated space would be occupied by the Sheriffs office. A motion was made by George Ludwig and seconded by Jim Vickers to accept the proposal from Beery Rio and Associates in the amount of$25,000 to prepare construction documents to finish 20,000 square feet of office space on the third floor. The motion was unanimously approved by the committee. This request will be forwarded to the board for their review and approval. A supplemental funding appropriation will be required. Minute Book Number 27 Board of Supervisors Meeting of 10/25/00 83 Beery Rio and Associates have indicated the construction costs should range between $35 and $40 per square foot which translates to a total cost range of$700,000 to $800,000 for 20,000 square feet of space. 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 ***Items Not Requiring Action*** 1. Draft Biosolids Ordinance A draft of a proposed biosolids ordinance was presented for the committee's review and comment. An ad hoc committee composed of representatives from the agricultural and residential communities as well as staff members will be convened to review the draft ordinance prior to submittal to the Code and Ordinance committee. (Attachment 3) 2. Special Use Permit for Clay Extraction in Clarke County A draft copy of the proposed special use permit for clay extraction on the Riley Farm in Clarke County was presented as general information. A draft copy of this permit was previously reviewed by the landfill oversight committee on September 21, 2000. The Clarke County planning commission will take action on this special use permit request on October 6, 2000. (Attachment 4) 3. Old County Court House Renovation The Director of Public Works presented preliminary drawings related to the renovation and conversion of the Old County Court House for use as a civil war museum. 4. New Erosion and Sediment Control Inspection Requirements The Public Works Department recently received a letter from the Department of Conservation and Recreation (DCR) indicating that we are severely understaffed to perform the duties required to enforce the Erosion and Sediment (E & S) Control ordinance in Frederick County. Their letter recommends a minimum staff of four (4) to keep pace with the current development trends. (Attachment 5) Discussions with representatives from the DCRrevealed that if we (Frederick County) cannot adequately enforce the local and state regulations related to E & S, then they (DCR) will take over the program through the utilization of a consultant. In other words, they would hire a consultant to review the E & S designs and perform the required field inspections. Based on their preliminary staffing requirements, we estimate that the consultant costs would be approximately $250,000. Frederick County would be responsible for reimbursing the DCR for these expenses. As an alternative to having the state DCR run the program in Frederick County, we have investigated the possibility of adding one (1) new position with a title ofE & S Inspector. We intend to explore relative salary ranges and possible revenue sources for this proposed position. This information will be provided to the committee at the next scheduled meeting. 5. Miscellaneous Reports Minute Book Number 27 Board of Supervisors Meetin~ of 10/25/00 Ii U8L,. A. Tonnage Report (see Attachment 6) B. Animal Shelter Dog Report (see Attachment 7) C. Animal Shelter Cat Report (see Attachment 8) APPROPRIATION OF FUNDS FOR SCAN EQUIPMENT FOR REGIONAL JAIL- APPROVED The Department of Criminal Justice Services and the Virginia Compensation Board are providing funds to purchase Scan Equipment for archiving records. This equipment will be used by the Jail Records Department and will interface with Frederick County and the City of Winchester. The total cost of the equipment is $23,370.00 DCJS is to provide $17,537.00, and the balance of $5,834.00 will come from the Compensation Board. There are no local funds required. The CFW Regional Jail requests Board approval in order to establish a revenue account for this funding of$23,370, and the appropriation to our expenditure line item 1 1 -330l -7001-00 for this amount to allow the purchase ofthe equipment. Superintendent Fred D. Hildebrand was present on behalf of this request. Upon motion made by Supervisor Sager, 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 REQUEST FOR SUPPLEMENTAL APPROPRIATION FOR TIRE RECYCLING- APPROVED County Administrator Riley presented this request to the Board. He explained that the Frederick County Regional Sanitary Landfill requests a supplemental appropriation in the amount of $60,000 to line item l2-4204-30l 0-01 (Tire Grinding). He further explained that this appropriation is necessary due to the increased tire stream over original projections and inadequate documentation supplied by the Lord Fairfax Planning District when the county's landfill assumed operation of the Regional Tire Operation Program. This amount will be offset by increased revenue oflike amount credited to line item 1608-08 (Tire ChargeslReimbursements). No local funds are required. Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the above request was approved by the following recorded vote: Richard C. Shickle - Aye Minute Book Number 27 Board of Supervisors Meeting of 10/25/00 )85 Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye REQUEST FOR SUPPLEMENTAL APPROPRIATION FOR COUNTY ADMINISTRATION BUILDING REPAIR AND MAINTENANCE - APPROVED Assistant County Administrator Carrier presented this request to the Board. Chairman Shickle questioned what had been done in the Judicial Center. Emergency Services Director Gary DuBrueler advised that new carpet was installed over the weekend. 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 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 (1) (5) and (7) to discuss Personnel Economic Development Industrial Prospect, and 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 Minute Book Number 27 Board of Supervisors Meeting of 10/25/00 U8G 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. The above motion was approved by the following recorded vote: Richard C. ShickJe - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye INVOCATION (7:15 P.M.) The invocation was delivered by Reverend Robert T. Hughes of the Universal Unitarian Church. PLEDGE OF ALLEGIANCE CONSENT AGENDA County Administrator Riley suggested the following tabs for approval under consent agenda: I. Certificate of Achievement for Excellence in Financial Reporting from Government Finance Officers Association - Awarded to County Finance Director, Cheryl Shiffler - Tab J; 2. Request from the Commissioner of the Revenue Re: Request for Exonerations - Tab K; 3. Resolution Re: Statewide Mutual Aid for Emergency Management (Postponed from September 27,2000 Meeting) - Tab N; 4. Regional Resolution Requesting General Assembly Support for Competitive School System Funding - Tab O. Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the consent agenda was approved, as presented above, 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 Minute Book Number 27 Board of Supervisors Meeting of 10/25/00 U87 Mark Stivers, resident of Stephenson, appeared before the Board at which time he requested 6 minutes rather than the 2 that is the normally given under this portion ofthe agenda. He advised that he is speaking on behalf of a number of residents ofthe Stephenson area. Mr. Stivers requested that his letter of October 23, 2000 addressed to Chairman Richard C. Shickle and members of the Frederick County Board of Supervisors be made part of the minutes of this meeting. October 23,2000 Honorable R. C. Shickle, Chairman and, Members of the Frederick County Board of Supervisors 107 North Kent Street Winchester, VA 2260l Re: Formal Request to Rescind Comprehensive Policy Plan and to Return for Further Study Dear Members of the Board: This is a request to rescind your vote of September 27, 2000 and to return the Comprehensi ve Policy Plan (as it relates to the Northeastern Land Use Study). The basis is as follows: 1) An important study (Phase II Rt. 37) conducted in 1997 which includes a description and evaluation of the Milburn Rural Historic District was not considered in the formulation ofthe current plan. 2) Failure to consider this study was an oversight and mistake, that can be easily corrected by the requested action. 3) As a liaison member ofthe Comprehensive Plans and Programs Subcommittee Northeastern Land Use Study. 4) Failure to disclose and consider this information in the Northeastern Land Use Study is acknowledged by our planning department due to an oversight and mistake. 5) This important study was not disclosed during public comment and meetings held for the benefit of the northeastern study intended to determine and consider public opinion. 6) This important study was not disclosed nor considered by the Northeastern Land Use Study Subcommittee. 7) Failure to consider this important study in the recommendations ofthe subcommittee and the planning department was not known to you, the members ofthe Board, at the time you voted to approve same on September 27,2000. 8) The Code of Virginia would require areas that are identified and surveyed by the Department of Historic Resources to be included within the comprehensive plan. 9) Failure to reconsider and return the Northeastern Land Use Plan for additional study in light of this information will undermine public confidence and the integrity of our system. The oversight or mistake that was made can be procedurally corrected. The comprehensive plan is simply advisory in nature, but it is essential that the integrity of our system be preserved and that complete and full disclosure and discussion occur around this subject. Minute Book Number 27 Board of Supervisors Meeting of 10/25/00 U88 In light ofthe mistake that was made, I respectfully request as a resident and citizen liaison of the sub-committee that the Board rescind its vote from September 27,2000 and direct the plan be returned for additional study and public comment. I respectfully request that this action occur at your next public hearing scheduled for October 25, 2000. Sincerely, s!:Mark E. Stivers cc: Kris Tierney, Planning Director John R. Riley, Jr. Mr. Stivers asked for a show of hands, ofthose in attendance, who felt this matter should be returned for some form of additional study. The majority ofthose in attendance, approximately 180, raised their hands. He feels this is a dilemma, but one that can be fixed. He feels an error has been made; however, it is one that can be corrected. He feels there are three options before this Board: 1) Return this study, in its entirety, for additional consideration. 2) To direct the planning commission, under the Code of Virginia, to consider changing, modifying, or amending, the current land use plan to reflect further study and public hearing on this particular matter. 3) As Mr. Riley suggested, ignore the land use plan. Bessie Solenberger, Chairman of Frederick County Historical Resources Advisory Board. She explained that she did not feel all the necessary information was provided to the committee during the time they were meeting to discuss the North Land Use Plan. She further advised that had all the information, that is now available, had been made available to the committee, she does not feel the committee would have endorsed the plan. She feels a terrible mistake was made by the committee, and asked the Board not to make the same mistake. Catherine Whitesell, Back Creek District, she showed the Board by way of maps, where the actual location is ofthe Core Battlefield. She stated that she knew Shockey Companies had prepared their plans in earnest. Mrs. Whitesell advised that there are two Core Battlefield areas, with one being Second Winchester Core Battlefield area and the second is Stephenson Depot Battlefield which a large number of citizens are trying to get rescinded. She feels there have been serious errors made, but it is never too late, and had all pertinent information been made available from the beginning, it would not have been necessary for anyone to be present at this meeting. Dr. Brandon Beck, county resident, referred to the historical battles that have taken place in this area and the importance of maintaining these battlefields as part of our historical area. He Minute Book Number 27 Board of Supervisors Meeting of 10/25/00 U8() believes in the sincerity of the Shockey Companies when they say they want to respect the integrity ofthese battle fields, but he wonders ifthis can be done given the requirements for an industrial park. Mike Webber, resident of Stonewall District, feels that Frederick County made a mistake when they rezoned such a large area of land in northern Frederick County to commercial and industrial. He feels the county is making a big mistake and should learn to share, and not give all to industry. He further feels that when rezonings such as this are approved it takes away a lot of agricultural land from the county. He asked the Board to protect the future of county children and rcconsider what they did. Jim Stillwell, resident of Highbanks Road, Stephenson, stated that he does not feel the archeological study that Dr. Hofstra was involved in was considered in this final study. He feel this is just another reason why this plan needs to be returned for additional study. Angela Park, resident of Milburn Road, moved here from Pennsylvania in order that her children might be raised in the country. She does not feel this is an appropriate location for an industrial park. Asked the Board to please consider the residents ofthis area and not put industry in their back yards. Dr. Warren Hofstra, He is a resident ofthe City of Winchester; and in 1991, at the request of the Frederick County Board of Supervisors, he and Professor Gier of James Madison University conducted an archeological and historical resource study ofthe Red Bud Run and Abrams Creek area. In 1992 fifteen copies were presented to the Board of Supervisors. He has been told that this report cannot be found. He advised that was not the case, as he does have a copy, and he is currently preparing a brief of the report and will release it to the Board tomorrow. Jesse Suthers, Gainesboro District, asked the Board to let the citizens that live in this area come in and express the way they feel about this proposed plan. He feels this needs to be tabled, for additional study, and it needs to be handled in a diplomatic way. Kris Tierney, County Planning Director, advised those present that he is not sure how the word started that there were no copies ofthe study. His office has multiple copies. The background supporting documentation was misplaced by James Madison University; however the report has not be lost. Glen Penton, resident of Stephenson, feels the plan is not reasonable, and that the county Minute Book Number 27 Board of Supervisors Meeting of 10/25/00 U90 needs a plan that is reasonable. There are a thousand acres or so of unused already zoned industrial land, with some being in 200 or more acres. There is nothing in the area in question but residential homes. Industry would not be compatible being located this close to houses. He feels the plan is wrong for the area. Kenneth Y. Stiles, resident of Clear brook, suggested that those citizens that are interested in preserving this acreage get together and see what they can do as far as purchasing this property. He did advise caution on not wanting additional industry in the county, as the tax base generated by industry is needed to help off set county expenditures. Jim E. Chestnut, resident of Stephenson, is not in favor of this plan as this area is in historical preservation. He does not think this is good for the homeowners in this area as it will cause water problems due to all the water that is used by industry. Traffic problems will be created along with industrial waste, noise and toxic pollution. Asked the Board to unanimously disapprove this request. County Administrator Riley explained that this rezoning request would be going to the county planning commission on November 15, and depending on their action, as to when it would be heard by the Board of Supervisors. He reiterated that the subject tonight was not to rezone the property, and he was noting this as a point of clarification. Pat Gochenour, resident of Shawnee District, feels that tourism in this area is a big joke with developers. She feels there is a great deal of history in Frederick County and the City of Winchester that would generate a lot of tourism for both localities; however, if this same land is allowed to be developed there will be nothing left and all the historic areas will no longer be an area where tourist could come to year after year in order to see the history that is part of this county. Patricia Kuhn, resident of Stonewall District, can not understand why the county would want additional industry in a county with the unemployment rate for this area only being 3%. Does the Board want the dollars earned in these industrial parks returned to West Virginia and Maryland rather than remaining in Frederick County. David Kohler, resident of the City of Winchester, owns property in the county. Feels industry is good for a locality. He feels the tax base generated by industry helps to off set the cost of being able to pay teacher salaries, roads, etc. Minute Book Number 27 Board of Supervisors Meeting of 10/25/00 9; Todd Kern, resident City of Win chester, owns property in Frederick County. He advised the Board that the heirs of the McCann property had been approached about the farm; however, they never responded to the inquiry. He asked the Board if they wanted Frederick County to become another Fairfax County. Tourism is a clean industry, just look at what Williamsburg has done, this is what Frederick County needs too look at, not more industry. Bob Denton, resident of the City of Winchester, was geologist that worked on the study on this land. He feels open land is critical in order to help maintain an adequate ground water supply; however, if we continue to cover the land our water supply wiJl become less and less.. He further advised that continued development wiJl only hurt this region. Dr. Warren Hofstra, informed those present that the site plan that he spoke to earlier does exist and he would be happy to make them available. Terry? Richardson, stated that she felt the Shockey Company should have let the community know first, as to what their plans were, as most of the community did not learn of these plans until last week. She felt this was most disappointing. MINUTES Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the minutes of the Special Meeting/Worksession of September 13, 2000 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 Chairman Shickle requested the following amendments to the minutes of September 27,2000: Page 14 - It should be noted that the Chairman voted Nay. Page 21 - It should be noted that Supervisor Orndoff voted Nay on the IDA appointment. Upon motion made by Supervisor Sager, seconded by Supervisor Reyes, the minutes of September?t7, 2000 Board meeting were approved 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 Minute Book Number 27 Board of Supervisors Meeting of 10/25/00 1\ 9r) u '- Sidney A. Reyes - Aye COUNTY OFFICIALS ROBERT B. PERRY'S NAME SUBMITTED FOR CONSIDERATION BY JUDGE OF CIRCUIT COURT TO SERVE ON BOARD OF ZONING APPEALS FROM STONEWALL DISTRICT Supervisor Orndoff submitted the name of Robert B. Perry for consideration by the Circuit Court Judge to serve on the Board of Zoning Appeals. Supervisor Douglas seconded this motion. 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 ROBERT CLEAVER REAPPOINTED TO HANDLEY REGIONAL LIBRARY BOARD FROM STONEWALL DISTRICT Upon motion made by Supervisor Orndoff, seconded by Supervisor Sager, Robert Cleaver was reappointed to serve on the Handley Regional Library Board from Stonewall District. This is a three year appointment. This term will begin on November 30, 2000, and expire on November 30, 2004. 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 CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FROM GOVERNMENT FINANCE OFFICERS ASSOCIATION A WARDED TO COUNTY FINANCE DEPARTMENT - APPROVED UNDER CONSENT AGENDA REOUEST FOR EXONERATIONS FROM THE COMMISSIONER OF THE REVENUE - APPROVED UNDER CONSENT AGENDA Commissioner of the Revenue Ellen Murphy is requesting exoneration for MCI WorldCom Network in the amount of$3,856.19 for the 2000 tax year. STATEWIDE MUTUAL AID FOR EMERGENCY MANAGEMENT RESOLUTION (#012-00) - APPROVED UNDER CONSENT AGENDA Minute Book Number 27 Board of Supervisors Meeting of 10/25/00 93 WHEREAS, the Commonwealth of Virginia Emergency Services and Disaster Law of2000, as amended, (Title 44, Chapter 3.2 of the Virginia Code) authorizes the Commonwealth and its political subdivisions to provide emergency aid and assistance in the event of a major disaster; and WHEREAS, the statutes also authorize the State Emergency Operations Center to coordinate the provision of any equipment, services, or facilities owned or organized by the Commonwealth or its political subdivisions for use in the affected area upon request ofthe duly constituted authority of the area; and WHEREAS, this resolution authorizes the request, provision, and receipt ofinterjurisdictional mutual aid in accordance with Title 44, Chapter 3.2 of the Code of Virginia among political subdivisions, other authorized entities and officers within the Commonwealth. NOW, THEREFORE, BE IT RESOLVED, the Board of Supervisors resolves that the County of Frederick shall have the authority to participate in Statewide Mutual Aid in the event of emergency or disaster in accordance with the following terms and conditions, which shall be in the nature of a compact and agreement among participating entities which have adopted similar executive orders, ordinances or resolutions. This Statewide Mutual Aid program may include requests for and provision of personnel, equipment, materials, and other forms of assistance, or any combination of assistance, to any entity within the Commonwealth, pursuant to the following terms and conditions: SECTION 1. DEFINITIONS 1. "EVENT AGREEMENT" - a contract between two member political subdivisions entered into at the time of emergency in which the Assisting Party agrees to provide specified resources to the Requesting Party under the terms and conditions specified in the Agreement. 2. "REQUESTING PARTY" - the member political subdivision requesting aid in the event of an emergency or disaster and participating in the Statewide Mutual Aid Program pursuant to the terms and conditions of this resolution. 3. "ASSISTING PARTY" - the member political subdivision furnishing equipment, services and/or manpower to the Requesting Party, and participating in the Statewide Mutual Aid Program ("the Program") pursuant to terms consistent with those in this Resolution. 4. "AUTHORIZED REPRESENTATIVE" - an officer or employee of a member political subdivision authorized in writing by that entity to request, offer, or provide assistance under the terms of this Resolution. 5. "DEPARTMENT" - the Department of Emergency Management. 6. "EMERGENCY" - any occurrence, or threat thereof, whether natural, or caused by man, in war or in peace, which results or may result in substantial injury or harm to the population, substantial damage to or loss of property, or substantial harm to the environment. 7. "DISASTER" - any natural, technological, or civil emergency that causes damage of sufficient severity and magnitude to result in a declaration of a state of emergency by the Governor or the President of the United States. 8. "IMPLEMENT A TION GUIDEBOOK" - Guidance document promulgated by the Department to assist member political subdivisions with Statewide mutual aid activities, to provide procedures and minimum standards for participation, and to provide for compliance with state and federal reimbursement requirements. 9. "MAJOR DISASTER" - a disaster which is likely to clearly exceed local capabilities and require a broad range of state and federal assistance. 10. "MEMBER POLITICAL SUBDIVISION" - any political subdivision or authorized officer or Minute Book Number 27 Board of Supervisors Meeting of 10/25/00 U94 agency within the Commonwealth of Virginia which maintains its own emergency services organization and plan and which enacts an ordinance or resolution or promulgates an executive order with terms substantially similar to those set out in this Resolution, authorizing Statewide mutual aid pursuant to Title 44 of the Virginia Code. 11. "STATE EOC" - the Virginia Emergency Operations Center from which assistance to localities is coordinated when local emergency response and recovery resources are overwhelmed. This facility is operated by the Virginia Department of Emergency Management. SECTION 2. PROCEDURES FOR PROVISION OF MUTUAL AID When a member political subdivision either becomes affected by, or is under imminent threat of an emergency or disaster and, as a result, has officially declared an emergency, it may request emergency-related mutual aid assistance by: (1) submitting a Request for Assistance to an Assisting Party or to the State EOC, or (2) orally communicating a request for mutual aid assistance to an Assisting Party or to the State EOC, followed as soon as practicable by written confirmation of the request. Mutual aid shall not be requested by a member political subdivision unless resources available within the stricken area are deemed to be inadequate. All requests for mutual aid must be transmitted by the Authorized Representative ofthe member political subdivision or the Director of Emergency Management. No member political subdivision shall be required to provide mutual aid unless it determines that it has sufficient resources to do so. 1. REQUESTS DIRECTLY TO ASSISTING PARTY: The Requesting Party may directly contact the Authorized Representative ofthc Assisting Party and provide the information in the Request Form prescribed in the SMA Implementation Guidebook. Each Assisting Party mut communicate directly with the Requesting Party in order to execute an Event Agreement. The Requesting Party shall be responsible for keeping the State EOC advised ofthe status of mutual aid activities. 2. REQUESTS ROUTED THROUGH, OR ORIGINATING FROM THE STATE EOC: The Requesting Party may directly contact the State EOC, in which case it shall provide the information in the Request Form in the SMA Implementation Guidebook. The State EOC may then contact other member political subdivisions on behalf of the Requesting Party. Once identified, each Assisting Party must communicate directly with the Requesting Party in order to execute an Event Agreement. 3. ASSESSMENT OF AVAILABILITY OF RESOURCES AND ABILITY TO RENDER ASSISTANCE: When contacted by a Requesting Party, or by the State EOC on behalf of a Requesting Party, the Authorized Representative of any member political subdivision agrees to assess local resources to determine available personnel, equipment and other assistance. 4. SUPERVISION AND CONTROL: When providing assistance under the terms of this Agreement, the personnel, equipment, and resources of any Assisting Party will be under the operational control of the Requesting Party, which shall advise supervisory personnel of the Assisting Party of work tasks, for assignment to personnel. Direct supervision and control of personnel, equipment and resources shall remain with the designated supervisory personnel of the Assisting Party. The designated supervisory personnel ofthe Assisting Party shall: maintain daily personnel time records, material records, and a log of equipment hours; be responsible for the operation and maintenance ofthe equipment and other resources furnished by the Assisting Party; and shall report work progress to the Requesting Party. The Assisting Party's personnel and other resources shall remain subject to recall by the Assisting Party at any time, subject to reasonable notice to the Requesting Party. At least twenty-four hour advance notification of intent to withdraw personnel or resources shall be provided to the Requesting Party unless such notice is not practicable, in which case such notice as is reasonable shall be provided. 5. FOOD, HOUSING, AND SELF-SUFFICIENCY: Unless specifically instructed otherwise, the Requesting Party shall have the responsibility of providing food and housing for the personnel ofthe Assisting Party from the time oftheir arrival at the designated location to the time oftheir Minute Book Number 27 Board of Supervisors Meeting of 10/25/00 \95 departure. However, Assisting Party personnel and equipment should be, to the greatest extent possible, self-sufficient while working in the emergency or disaster area. The Requesting Party may specify only self-sufficient personnel and resources in its request for assistance. 6. COMMUNICATIONS: Unless specifically instructed otherwise, the Requesting Party shall have the responsibility for coordinating communications between the personnel ofthe Assisting Party and the Requesting Party. Assisting Party personnel should be prepared to furnish communications equipment sufficient to maintain communications among their respective operating units. 7. RIGHTS AND PRIVILEGES: Whenever the officials, employees and volunteers of the Assisting Party are rendering aid pursuant to this Agreement, such employees shall have the powers, duties, rights, privileges, and immunities, and shall receive the compensation, incidental to their employment or position. 8. TERM OF DEPLOYMENT: The initial duration of a request for assistance is normally seven days and may be extended, if necessary, in seven day increments. However, the duration may be shorter or longer as reflected in the Event Agreement. 9. SUMMARY REPORT: Within ten days ofthe return of all personnel deployed under SMA, the Requesting Party will prepare a Summary Report of the event, and provide copies to each Assisting Party and to the Department. The Report shall be in a format prescribed by the Department and shall include a chronology of events and description of personnel, equipment and materials provided by one party to the other. SECTION 3. REIMBURSABLE EXPENSES The terms and conditions governing reimbursement for any assistance provided pursuant to this Resolution shall be in accordance with the following provisions, unless otherwise agreed upon by the Requesting and Assisting Parties and specified in the Event Agreement. 1. PERSONNEL: During the period of assistance, the Assisting Party shall continue to pay its employees according to its then prevailing ordinances, rules and regulations. The Requesting Party shall reimburse the Assisting Party for all direct and indirect payroll costs and expenses (including travel expenses, benefits, workers' compensation claims and expenses) incurred during the period of assistance, unless agreed to otherwise by the parties in the Event Agreement. 2. EQUIPMENT: The Assisting Party shall be reimbursed by the Requesting Party for the use of its equipment during the period of assistance according to either a pre-established local or state hourly rate or according to the actual replacement, operation, and maintenance expenses incurred. For those instances in which some costs may be reimbursed by the Federal Emergency Management Agency, the eligible direct costs shall be determined in accordance with 44 CFR 206.228, or other regulations in effect at the time of the disaster. Each Party shall maintain its own equipment in safe and operational condition. At the request of the Assisting Party, fuels, miscellaneous supplies, and minor repairs may be provided by the Requesting Party, ifpractical. Ifthe equipment charges are based on a pre-established local or state hourly rate, then these charges to the Requesting Party shall be reduced by the total value ofthe fuels, supplies, and repairs furnished by the Requesting Party and by the amount of any insurance proceeds received by the Assisting Party. 3. MATERIALS AND SUPPLIES: The Assisting Party shall be reimbursed for all materials and supplies furnished by it and used or damaged during the period of assistance, except for the costs of equipment, fuel and maintenance materials, labor and supplies, which shall be included in the equipment rate established above, unless such damage is caused by gross negligence, or willful and wanton misconduct of the Assisting Party's personnel. The measure of reimbursement shall be determined in accordance with 44 CFR 206.228 or other regulations in Minute Book Number 27 Board of Supervisors Meeting of 10/25/00 U9G effect at the time of the disaster. Tn the alternative, the Parties may agree that the Requesting Party will replace, with like kind and quality as determined by the Assisting Party, the materials and supplies used or damaged. If such an agreement is made, it shall be reduced to writing and transmitted to the Department. 4. RECORD KEEPING: The Assisting Party shall maintain records and submit invoices for reimbursement by the Requesting Party in accordance with existing policies and practices. Requesting Party and Department finance personnel shall provide information, directions, and assistance for record keeping to Assisting Party personnel. Later, Department personnel will provide assistance to the Requesting Party in seeking federaVstate reimbursement. 5. PAYMENT: Unless otherwise mutually agreed, the Assisting Party shall bill the Requesting Party for all reimbursable expenses with an itemized statement as soon as practicable after the expenses are incurred, but not later than sixty (60) days following the period of assistance, unless the deadline for identifying damage is extended in accordance with applicable federal or state regulations. The Requesting Party shall pay the bill, or advise of any disputed items, not later than sixty (60) days following receipt of the statement, unless otherwise agreed upon. 6. WAIVER OF REIMBURSEMENT: A member political subdivision may assume or donate, in whole or in part, the costs associated with any loss, damage, expense or use of personnel, equipment and resources provided. SECTION 4. INSURANCE 1. WORKERS ' COMPENSATION COVERAGE: Each member political subdivision shall be responsible for its own actions and those of its employees and is responsible for complying with the Virginia Workers' Compensation Act. 2. AUTOMOBILE LIABILITY COVERAGE: Each member political subdivision shall be responsible for its own actions and is responsible for complying with the Virginia motor vehicle financial responsibility laws. Memberpolitical subdivisions agree to obtain automobile liability coverage with a limit of at least $1 ,000,000 combined single limit and coverage for owned, non- owned, and hired vehicles. It is understood that the local government may include in the emergency response volunteer companies that have motor vehicles titled in the name of the volunteer company. It is the responsibility of each member political subdivision to determine if the volunteer company has automobile liability coverage as outlined in this section. 3. GENERAL LIABILITY, PUBLIC OFFICIALS LIABILITY, AND LAW ENFORCEMENT LIABILITY: To the extent permitted by law and without waiving sovereign immunity, each member political subdivision shall be responsible for any and all claims, demands, suits, actions, damages, and causes for action related to or arising out of or in any way connected with its own actions, and the actions of its personnel in providing mutual aid assistance rendered or performed pursuant to the terms and conditions of this Resolution. Each member political subdivision agrees to obtain general liability, public officials liability and law enforcement liability, if applicable, with minimum singe limits of no less than one million dollars. SECTION 5. ROLE OF THE DEPARTMENT OF EMERGENCY MANAGEMENT The Department shall, during normal operations, provide staff support to political subdivisions, officers and authorized agencies, serve as the central depository for agreements, resolutions, ordinances and executive orders, maintain a current listing of member political subdivisions, and provide a copy of this listing to each on an annual basis. The State EOC shall, during emergency operations, (1) request mutual aid on behalf of a member political subdivision, under the circumstances identified in this Agreement, (2) keep a record of all Requests for Assistance and Acknowledgments, (3) report on the status of ongoing emergency or disaster related mutual aid as appropriate, and assist participants in meeting all procedural and other requirements, including those pertaining to federal and state cost reimbursement. Minute Book Number 27 Board of Supervisors Meeting of 10/25/00 U97 SECTION 6. SEVERABILITY AND THE EFFECT ON OTHER RESOLUTIONS Should any portion, section or subsection of this Resolution be held to be invalid by a court of competent jurisdiction, that fact shall not affect or invalidate any other portion, section or subsection; and the remaining portions of this Resolution shall remain in full force and effect without regard to the section, portion, or subsection or power invalidated. In the event that any parties to this Reso lution have entered into other mutual aid agreements, those parties agree that said agreement will remain in effect unless they conflict in principle with this Resolution in which case they are superseded by this Resolution. In the event that two or more parties to this Resolution have not entered into another agreement, and the parties wish to engage in mutual aid, then the terms and conditions of this Resolution shall apply between those parties. ADOPTED this 2th day of September 2000. REGIONAL RESOLUTION #(014-00) REOUESTING GENERAL ASSEMBLY SUPPORT FOR COMPETITIVE SCHOOL SYSTEM FUNDING - APPROVED UNDER CONSENT AGENDA WHEREAS, the member jurisdictions of the Lord Fairfax Planning District Commission jointly recognize the need for quality educational systems as the basis for a competitive workforce; and WHEREAS, local school system budgets range from 52 to 71 percent of member city and county budgets; and WHEREAS, member county and city sources of revenue are limited to property taxes and a small portion of the sales tax which is redistributed to local communities; and WHEREAS, Virginia's revenues are increasing as personal income and retail sales increase and; WHEREAS, revenue to localities from real property taxes is not keeping pace with growth in the public demand for a competitive educational system; and WHEREAS, the county, city and town jurisdictions believe that the current state and local tax structure has become unbalanced, and WHEREAS, Virginia's aid to local governments for education is small compared to other states and is declining at a time of increasing need; and WHEREAS, Virginia is below the national average in the amount of state aid per pupil and is the lowest among nearby southeastern states; and WHEREAS, lack of proper funding to education leads to deteriorating schools, poor student performance and a long term weakening of our local and state economies; and WHEREAS, the quality of our schools affects our local governments ability to compete and attract quality people and businesses to our region; and WHEREAS, the significant local cost increases for funding school construction and operations must be considered in relation to the fact that local incomes have not risen to the State median for the majority of households in the region; and WHEREAS, higher local real estate taxes place a significant burden on our citizens. NOW, THEREFORE BE IT RESOLVED, that Frederick County, as a member jurisdiction ofthe Lord Fairfax Planning District Commission,joins in requesting that the Legislative Delegation of the Shenandoah Valley work with localities in seeking additional state funding Minute Book Number 27 Board of Supervisors Meeting of 10/25/00 U9 assistance for their educational systems for the benefit of the State's future workforce; and BE IT FURTHER RESOLVED, that Frederick County agrees that the tax structure in Virginia must be revised to correct the current imbalance that exists between state revenue sources and local revenue sources and they offer to work with the Legislative Delegation ofthe Shenandoah Valley to rebalance the equation to create stronger local and state economies. Adopted this 25th day of October, 2000. RESOLUTION (#015-00) RE: FISHER SCIENTIFIC COMPANY, LLC - GOVERNOR'S OPPORTUNITY FUND - APPROVED Upon motion made by Supervisor Orndoff, seconded by Supervisor Reyes, the following resolution was approved: WHEREAS, Fisher Scientific Company, LLC, has made known its intent to locate in Frederick County, Virginia; and WHEREAS, the company meets the policy guidelines of the Frederick County Economic Development Incentives Fund as established by the Winchester-Frederick County Economic Development Commission in 1995; NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, approved, by resolution, at their regular meeting on October 25, 2000, payment of$250,000 to the Frederick County Industrial Development Authority from the Governor's Opportunity Fund to assist in equipment purchase and/or relocation to Frederick County as outlined in the Memorandum of Understanding dated May 10,2000. BE IT FURTHER RESOLVED, that the Board of Supervisors does hereby authorize the county administrator to execute this document on its behalf. ADOPTED this 25th day of October, 2000. Upon motion made by Charles W. Orndoff, Sr. and seconded by Sidney A. Reyes, the above resolution 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 PLANNING COMMISSION BUSINESS: PUBLIC HEARING: PUBLIC HEARING - CONDITIONAL USE PERMIT #16-00 OF JAMES E. SMELSER FOR A SHALE MINING OPERATION WITH SALES. THE PROPERTY IS LOCATED AT 1557 GREEN SPRING ROAD AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 21-A-27 IN THE GAINESBORO MAGISTERIAL DISTRICT - POSTPONED Planner II Amy Lohr presented this conditional use permit request to the Board advising that staff and planning commission recommended approval. Minute Book Number 27 Board of Supervisors Meeting of 10/25/00 U99 Mike Mullin, adjoining neighbor, appeared before the Board at which time he presented them with a letter addressing his concerns. He feels his concerns have not been adequately addressed, and therefore is asking that this request be postponed until additional information is available. Mf. Mullin's main concern had to do with boundary lines. He feels Mr. Smelser is disregarding boundary lines when he is working his mining operation. He asked the Board to require that a proper survey be conducted in order that Mr. Smelser would know exactly how far he could go. He feels the current plat is very confusing. Sandra Martin, another neighbor, appeared before the Board to express her concern about the roads, and the fact she did not feel the condition and width of the roads would handle the big trucks that would be part of this operation. Supervisor Reyes addressed the issue of confusion on the boundary lines. He further inquired about what side of the road would mining be taking place. Ms. Lohr replied just on the East side. Supervisor Reyes asked ifthis could be referred back to the planning commission, as he has been made aware of facts at tonight's meeting that he was not aware of before, and he feels more time is needed to get all the answers before the Board is asked to vote on this request. Supervisor Sager inquired as to what happens if this goes back to the planning commission given the fact that they had already recommended approval. Supervisor Smith stated that he felt there are too many unanswered questions; therefore, he feels this should be postponed awaiting additional information. Planning Director Kris Tierney advised that this matter could be postponed. Upon motion made by Supervisor Reyes, seconded by Supervisor Smith, CUP #16-00 is postponed awaiting additional information. 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 - PROPOSED AMENDMENTS TO THE FREDERICK COUNTY CODE. CHAPTER 165. ZONING. AMENDING ARTICLE X. BUSINESS AND INDUSTRIAL ZONING DISTRICTS. SECTION 165-82.B.B2 (BUSINESS Minute Book Number 27 Board of Supervisors Meeting of 10/25/00 1UO GENERAL) DISTRICT. THE PROPOSED AMENDMENT WOULD MODIFY THE ALLOWED USES IN THE B2 ZONING DISTRICT TO PERMIT COMMERCIAL SPORT AND RECREATION CLUBS. - APPROVED Planner II Amy Lohr presented this amendment request to the Board. Supervisor Smith inquired as to whether this was being done for a particular piece of property. Claus Bader, with Greenway Engineering, appeared before the Board to address this question. He advised that this is for Chaney Drive off of Senseny Road. There was no further public input. Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the following amendment was approved: Commercial Sport and Recreation Clubs Amendment B2 (Business General) Zoning District 165-82.B.(1) Allowed Uses Commercial Sport and Recreation Clubs 165-145. Definitions Commercial Sport and Recreation Clubs - a public or private fee-supported recreational facility located indoors or outdoors that may include swimming pools, court games, and other similar activities. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Ir. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye PUBLIC HEARING - REQUEST TO EXPAND THE URBAN DEVELOPMENT AREA (UDA) TO INCORPORATE 82 ACRES OF PARCEL 85-A-138. OWNED BY DOROTHY CARBAUGH. ZONED RA. RURAL AREAS DISTRICT. LOCATED ON THE EAST SIDE OF TOWN RUN LANE (ROUTE 1012). CURRENTLY. 23 ACRES OF THE lOS-ACRE PARCEL IS LOCATED WITHIN THE UDA - APPROVED Assistant Planning Director Evan Wyatt presented this request to the Board. Sandra Ritenour, Opequon District, appeared before the Board to voice her concerns about this request. She is concerned about the density of houses, and this will only add to the already overcrowded schools. She fccls thc rural arca of Frederick County is disappcaring at a vcry fast pace and this really concerns her. She further addressed the buffer that is shown and feels more than this Minute Book Number 27 Board of Supervisors Meeting of 10/25/00 10; is needed. She really hates to see development come to this area. Chuck Maddox, of G.W. Clifford Associates, appeared before the Board to endorse this request and outlined the reasons why he felt this area was right for this type of development. Bob Pownall, Shawnee District, stated that when you consider all the acreage that has been approved for development in this area, he did not feel the Board could just continue approving additional acreage for further development. Rick Grim - Opequon District, asked if the topography of this area had been taken into consideration when this was discussed by staff and the plamling commission. Steve Ritenour - appeared before the Board at which time he explained that Stephens Run goes through their property. He further explained that high density housing is a concern he also has. Chuck Maddox explained that single family housing is what is planned. Supervisor Sager explained that storm water management is a definite concern in this area. He asked Mr. Maddox to address this. Steve Ritenour further requested to know how much run off was expected as this was also a concern he had. He further advised that 50% of the stream has already been lost. Mr. Maddox explained about the discharge and Stephens Plant. Chairman Shickle asked Mr. Maddox to explain what impact this request would have. Steve Ritenour stated that he would appreciate knowing about the quality of water they could expect. Supervisor Sager stated that rural land use cannot continue as it has in the past. He further stated that he felt Ms. Carbaugh has the right to sell her land if she so desires. He asked that the developer work with the landowners in making this development one that will not be displeasing to those citizens that currently live in this area. Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the above request to expand the Urban Development Area (UDA) to incorporate 82 acres of parcel 85-A-138, owned by Dorothy Carbaugh, was approved by the following recorded vote: Chairman Shickle advised that he would not be voting on this matter due to the fact of a possible conflict. Richard C. Shickle - Abstained Charles W. Orndoff, Sr. - Aye Minute Book Number 27 Board of Supervisors Meeting of 1 0/25/00 102 W. Harrington Smith, JI. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye PUBLIC HEARING - UPDATE OF THE 2001-2002 FREDERICK COUNTY SIX YEAR PLAN FOR SECONDARY HIGHWAYS AND SETTING BUDGET PRIORITIES FOR FISCAL YEAR 2001-2002 THROUGH 2006-2007 - APPROVED Planner II Amy Lohr presented this plan to the Board. VDOT Resident Engineer Jerry Copp was also present and appeared before the Board to answer various questions concerning certain projects within certain districts. Chairman Shickle inquired as to how the revenue sharing program works. Jerry Copp replied that he feels the transportation committee was advising the county to use revenue sharing funds wherever the county can. Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the 2001-2002 Frederick County Six Year Plan for Secondary Highways and setting of budget priorities for fiscal year 2001-2002 through 2006-2007 was approved as presented 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 BOARD OF SUPERVISORS COMMENTS There were no additional comments at this time. UPON MOTION MADE BY SUPERVISOR ORNDOFF, SECONDED BY SUPERVISOR SMITH, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME: 9:23 P.M.) Q....~ Q ~ Richard C. Shickle Chairman, Board of Supervisors Minutes Prepared By: (),,~ {. ~ ~ Carol T. BaylIss Deputy Clerk, Board of Supervisors Minute Book Number 27 Board of Supervisors Meeting of 10/25/00