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December 13, 2000 Regular Meeting 11 4 A Regular Meeting ofthe Frederick County Board of Supervisors was held on December 13, 2000 at 6:00 P.M., in the Board of Supervisors ' Meeting Room, County Administrator's Office, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice Chairman Charles W. Orndoff, Sf.; W. Harrington Smith, Jr.; Robert M. Sager; Margaret B. Douglas; and Sidney A. Reyes. CALL TO ORDER Chairman Shickle called the meeting to order. BOARD RETIRED INTO CLOSED SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the Board retired into Closed Session in accordance with the Code of Virginia, 1950, as amended, Section 2.1-344, Subsection A (1) and (5) to discuss Personnel and Economic Development possible industrial prospect. 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 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, Sf. - Aye W. Harrington Smith, Jr. - 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 Reyes, 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: Minute Book Number 27 Board of Supervisors Meeting of 12/13/00 115 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 INVOCATION Supervisor Sager had the invocation in absence of a minister. PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA County Administrator Riley requested to have a letter from Dr. James Davis of Shenandoah University, requesting approval of grant funds, added to the agenda. Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the agenda was adopted as amended by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye CONSENT AGENDA County Administrator Riley suggested the following tabs for approval under consent agenda: 1. Proclamation Re: December 2000 as Drunk and Drugged Driving Prevention Month - TabD; 2. Request from the Commissioner of the Revenue Re: Request for Exoneration - Tab E; 3. Resolution Re: Changes in the Secondary System due to relocation and construction on Route 661 - Tab F; 4. Road Resolutions: (a) - Prince Frederick Office Park - Costello Drive; (b) Oakdale Crossing, Section II. - Tab O. 5. Parks and Recreation Commission Report - Tab P; 6. Landfill Oversite Committee Report - Tab Q. (County Administrator Riley advised that there was one item that needed action by the Board) Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the consent agenda, as outlined 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 Minute Book Number 27 Board of Supervisors Meeting of 12/13/00 11 G Sidney A. Reyes - Aye Chairman Shickle stated that he had made an inquiry about certain fees that were part of the Parks and Recreation Committee Report a month or so ago, and he has not received a reply to his mqUlry. County Administrator Riley advised that this information was part of the budget request submitted by Parks & Recreation for 2001-2002. CITIZEN COMMENT No one appeared before the Board at this time. MINUTES Upon motion made by Supervisor Orndoff, seconded by Supervisor Reyes, the minutes of the Regular Meeting of October 25, 2000 were approved, as submitted, 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 Upon motion made by Supervisor Orndoff, seconded by Supervisor Reyes, the minutes of the Regular Meeting of November 8, 2000 were approved as submitted 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 KRIS C. TIERNEY APPOINTED AS ASSISTANT COUNTY ADMINISTRATOR Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, Kris C. Tierney was appointed as Assistant County Administrator to become effective January 1,2001. 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 Minute Book Number 27 Board of Supervisors Meeting of 12/13/00 1 -, . I I Sidney A. Reyes - Aye NOMINATIONS MADE TO BOARD OF EOUALIZATION Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, R. Thomas Malcolm's name was submitted for considcration from Shawnee District. The above motion was approvcd 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 Upon motion made by Supervisor Sager, seconded by Supervisor Reyes, Joanna McCall's name was submitted for consideration from Opequon District. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charlcs W. Orndoff, SI. - Aye W. Harrington Smith, JI. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidncy A. Reyes - Aye Upon motion made by Supervisor Orndoff, seconded by Supervisor Douglas, Kim Dodd's name was submitted for consideration from Stonewall District. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charlcs W. Orndoff, SI. - Ayc W. Harrington Smith, JI. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Upon motion made by Supcrvisor Rcycs, scconded by Supervisor Smith, Frank Maphis's name was submitted for consideration from Gainesboro District. The above motion was approvcd by thc following rccordcd votc: Richard C. Shicklc - Ayc Charles W. Orndoff, SI. - Aye W. Harrington Smith, JI. - Aye Robcrt M. Sagcr - Ayc Margaret B. Douglas - Aye Sidney A. Reyes - Aye RICHIE WILKINS APPOINTED TO COUNTY FINANCE COMMITTEE Upon motion made by Supervisor Reyes, seconded by Supervisor Smith, Richie Wilkins was Minute Book Number 27 Board of Supervisors Meeting of 12/13/00 1 H3 appointed to the County Finance Committee. This term is in effect until January 12,2001. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jf. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye CHAIRMAN SHICKLE REQUESTS BOARD MEMBERS TO NOTIFY HIM OF ANY CHANGES THEY MAY HAVE FOR COMMITTEE APPOINTMENTS OTHERWISE THEY WILL REMAIN THE SAME FOR 2001 ROBERT HARTMAN REAPPOINTED TO PARKS AND RECREATION COMMISSION Upon motion made by Supervisor Douglas, seconded by Supervisor Reyes, Robert Hartman was reappointed to the Parks and Recreation Commission, as the representative from Back Creek District, for a four year term. This term will commence on January 17,2001 and expire on January 17,2005. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye CLARENCE HA YMAKERAPPOINTED TO PARKS AND RECREATION TO FILL UNEXPIRED TERM OF RALPH LEWIS Upon motion made by Supervisor Reyes, seconded by Supervisor Douglas, Clarence Haymaker was appointed to the Parks and Recreation Commission, as a Member- at- Large, to fill the unexpired term of Ralph Lewis. This term will expire February 28, 2004. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, .Tr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye GENE DICKS REAPPOINTED TO INDUSTRIAL DEVELOPMENT AUTHORITY Upon motion made by Supervisor Sager, seconded by Supervisor Smith, Gene Dicks was reappointed to the Industrial Development Authority as a representative from Opequon District, for Minute Book Number 27 Board of Supervisors Meeting of 12/13/00 19 a four year term. This term will expire November 10, 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 OFFICE HOURS ESTABLISHED FOR 2000 HOLIDAY SEASON - COUNTY OFFICES TO OBSERVE STATE HOLIDAY SCHEDULE IN THE FUTURE Upon motion made by Supervisor Smith, seconded by Supervisor Sager, all county offices will observe the following schedule for the 2000 Holiday Season: December 22 - Close at noon December 25 - Closed December 26 - Closed January 1, 2001 - Closed January 2, - Closed In similar action, the Board agreed to observe the same Holiday office hours in the future, for all county offices, as observed by the State. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith,.Tr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye REOUEST TO SCHEDULE A BOARD OF SUPERVISORS WORKSESSION RE: GIS - THIS IS SCHEDULED FOR FIRST MEETING IN JANUARY PROCLAMATION (#004-00) RE: DECEMBER 2000 AS DRUNK AND DRUGGED DRIVING PREVENTION MONTH - APPROVED UNDER CONSENT AGENDA WHEREAS, Each year impaired driving leads to one death every 33 minutes and one injury every 2 minutes; and whereas 1.5 million persons are arrested each year for impaired driving; and WHEREAS, The You Drink & Drive You Lose Campaign was created to address this public health and traffic safety problem; and WHEREAS, Together You Drink & Drive. You lose partners nationwide are working toward a goal of reducing impaired driving fatalities to a level of 11 ,000 by the year 2005; and WHEREAS, Designating a sober driver or finding a safe ride home by a taxicab or other means reduces impaired driving crashers both by removing impaired drivers from the road as well as deterring others from attempting to drive, and thereby lessen the hazards to innocent people; and WHEREAS, The County of Frederick and the City of Winchester considers its duty to protect our citizens from hazards such as impaired drivers of the highest priority; Minute Book Number 27 Board of Supervisors Meeting of 12/13/00 120 THEREFORE BE IT RESOLVED THAT WE, RICHARD SHICKLE AND LARRY OMPS, hereby join the You Drink & Drive. You Lose Campaign in proclaiming December 2000, as National Drunk & Drugged Driving Prevention Month in Winchester and Frederick County, in the Commonwealth of Virginia. REOUEST FROM THE COMMISSIONER OF THE REVENUE RE: REOUEST FOR EXONERATION - APPROVED UNDER CONSENT AGENDA This exoneration is for Kurt Baumann in the amount of $3,951.88. RESOLUTION (#021-00) JtE: CHANGES IN THE SECONDARY SYSTEM DUE TO RELOCATION AND CONSTRUCTION ON ROUTE 661 - ORIGINALLY APPROVED UNDER CONSENT AGENDA. LATER POSTPONED DUE TO CITIZEN IN ATTENDANCE EXPRESSING CONCERNS RESOLUTION (#022-00) AND DEED RE: LAKESIDE PROPERTY - APPROVED County Administrator Riley presented this request to the Board advising them that this request has to do with deeding certain open space property that currently belongs to the Lakeside Homeowners Association to Frederick County. He further advised that this does include one half ofthe land and some land around the lake. Supervisor Smith advised that he has received numerous complaints about activity around the lake all hours of the night. Chairman Shickle asked Supervisor Smith how would Frederick County becoming owner of the property in question alleviate this problem. Supervisor Smith advised that Public Works Director Ed Strawsnyder would see that the property in question is posted showing that no motorized equipment would be allowed, and that this would be monitored by the Sheriffs Department. Chairman Shickle asked about the cost for this. Director Straw snyder replied approximately $600 for the signs. He further explained that all maintenance would be turned over to the library. He stated that it was his understanding that all lawn maintenance would be done by the County Parks & Recreation Department. Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the following resolution was approved: BE IT HEREBY RESOLVED, that the Frederick County Board of Supervisors hereby approves the sale to Frederick County of that certain parcel of real estate described as certain portions of Open Spaces "M", "L", "I", "0", and "J" consisting of 8.5724 acres of the Lakeside Subdivision from the Lakeside Homeowner's Association. The Board hereby authorizes John R. Riley, Jr., County Administrator, to accept said Deed by his signature on behalf of the Board of Supervisors of Frederick County, Virginia. The above motion was approved by the following recorded vote: Minute Book Number 27 Board of Supervisors Meeting of 12/13/00 12; 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 (#023-00) OF THE FREDERICK COUNTY BOARD OF SUPERVISORS CONCURRING IN THE INDUCEMENT RESOLUTION ADOPTED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF CLARKE COUNTY. VIRGINIA ON OCTOBER 30. 2000 FOR THE ISSUANCE OF EDUCATIONAL FACILITIES REVENUE BONDS NOT TO EXCEED $13.425.000 ON BEHALF OF GRAFTON SCHOOL INC. - APPROVED WHEREAS, the Industrial Development Authority ofthe County of Frederick, Virginia (the "Authority") has considered the application of Grafton School, Inc., a Virginia nonstock, nonprofit corporation (the" Applicant"), including a resolution adopted on October 30,2000 (the "Inducement Resolution"), by the Industrial Development Authority of Clarke County, Virginia (the "Issuer"), relating to the issuance of the Issuer's education facilities revenue bonds in an amount not to excccd $13,425,000 (the "Bonds") to assist in the financing or refinancing of one or more ofthe following capital projects (collectively, the "Projects"): (i) acquisition, construction and equipping of an approximately 32,000 square foot building to be located at 4100 Price Club Boulevard in Chesterfield County, Virginia, to be used by the Applicant as an administrative and academic center; (ii) construction of an approximately 75-bed dormitory and a gymnasium, renovation of an existing dormitory for classroom, therapy and administrative purposes and related improvements and the equipping of such improvements on the Applicant's main campus at 180 Grafton Way in Berryville in Clarke County, Virginia; (iii) acquisition and renovation of an approximately 35,866 square foot building located at 120 Bellview Avenue in the City of Winchester, Virginia, to be used by the Applicant for offices, adult services, and administrative and maintenance facilities; (iv) refunding of indebtedness incurred for the acquisition of the Applicant's group homes in Clarke County and Frederick County, Virginia, and for the acquisition and improvement of the Applicant's main campus described in item (i) above, and has held a public hearing thereon on November 21,2000; and WHEREAS, the Authority has recommended that the Board of Supervisors of Frederick County, Virginia (the "Board"), concur in the Inducement Resolution for the issuance ofthe Bonds by the Issuer to comply with Section 147(f) ofthe Internal Revenue Code of 1986, as amended (the "Tax Code"), and Section 15.2-4906 of the Code of Virginia (1950), as amended (the "Virginia Code"); and WHEREAS, a copy of the Authority's resolution concurring in the issuance of the Bonds to assist with the financing or refinancing of the Projects, a copy of the Inducement Resolution, a record of the public hearing and a "fiscal impact statement" with respect to that portion of the Projects located in Frederick County have been filed with the Board; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA: 1. The Board of Supervisors of Frederick County, Virginia, concurs in the Inducement Resolution for the issuance ofthe Bonds by the Issuer for the benefit ofthe Applicant, to the extent required by the Tax Code and the Virginia Code, to permit the Issuer to assist in the financing or refinancing of that portion of the Projects located in Frederick County. Minute Book Number 27 Board of Supervisors Meeting of 12/13/00 122 2. The Board's concurrence in the Inducement Resolution for the issuance ofthe Bonds, as required by the Tax Code and the Virginia Code, does not constitute an endorsement of the Bonds or the creditworthiness of the Applicant. 3. This resolution shall take effect immediately upon its adoption. Upon motion made by W. Harrington Smith, Jr., and seconded by Sidney A. Reyes, the above resolution was approved by the Frederick County Board of Supervisors at their meeting held on December 13, 2000, 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 (#024-00) REOUESTING THE PRESERVATION OF THE OLD FREDERICK COUNTY COURTHOUSE AND CONVERSION INTO A CIVIL WAR MUSEUM - APPROVED County Administrator Riley presented this resolution to the Board. Upon motion made by Supervisor Sager, seconded by Supervisor Reyes, the following resolution was approved: WHEREAS, the County of Frederick is home to a historic court house which has served our community in numerous ways prior to, during, and after the Civil War, as a house of justice and local government, and as an example of Greek Revival-style architecture since the 18th century; and WHEREAS, the Old Frederick County Court House uniquely symbolizes the history of Winchester/Frederick County and is one of the first county square court houses still surviving in the nation; and WHEREAS, the Old Frederick County Court House is a beautiful landmark listed on both the Virginia Landmarks Register and the National Register of Historic Places as part of the Winchester Historic District; and WHEREAS, the Frederick County Board of Supervisors desires to renovate the Old Frederick County Court House, a centerpiece of activity during the Civil War having served as both a hospital and prison on riumerous occasions, and convert it into a Civil War Museum; and WHEREAS, the establishment ofthe Old Court House Civil War Museum will contribute to the ongoing effort to interpret, protect, and preserve the vast battlefield resources of the County of Frederick; and WHEREAS, the Old Court House Civil War Museum will facilitate implementation of key strategies identified in the Frederick- Winchester Battlefield Network Plan by providing a centralized location for comprehensive public interpretation of local battlefield resources that will promote education and awareness; and NOW, THEREFORE, BE IT RESOt VED, the Frederick County Board of Supervisors is committed to the preservation of the Old Frederick County Court House and its conversion into a Civil War Museum and supports all efforts that foster this cause. Minute Book Number 27 Board of Supervisors Meeting of 12/13/00 123 Passed this 13th day of December, 2000. The above resolution 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 TEA 21 GRANT APPLICATION FOR LOWRY DRIVE- LOCATED NEAR SHENANDOAH UNIVERSITY CAMPUS - APPROVED County Administrator Riley presented this request to the Board. Chairman Shickle inquired as to who would be the recipient of this grant. Planning Director Kris Tierney explained that the City of Winchester is fiscal agent for this project as improvements to Lowry Drive will facilitate traffic movement from local road systems to the Shenandoah University campus Chairman Shickle explained that he wanted to be sure their was no conflict before he votes. Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the TEA 21 Grant in the amount of$300,000 was endorsed 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 PLANNING COMMISSION BUSINESS: PUBLIC HEARING: PUBLIC HEARING - CONDITIONAL USE PERMIT#16-00 OF JAMES E. SMELSER (CONTINUATION OF) 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 FROM BOARD MEETING OF OCTOBER 25. 2000) - APPROVED Planner II Amy Lohr presented this request to the Board. Mike Mullin adjoining neighbor, appeared before the Board and thanked Supervisor Reyes and Ms. Lohr for visiting the site. He further advised that he felt everything had been worked out to everyone's satisfaction. Upon motion made by Supervisor Reyes, seconded by Supervisor Smith, CUP # 16-00 was approved, as presented, by the following recorded vote: Minute Book Number 27 Board of Supervisors Meeting of 12/13/00 l~h 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 PUBLIC HEARING - EXCEPTION REOUEST FOR DAVID L. AND MARIE L. SHULL REQUESTING THE GRANTING OF AN EXCEPTION FROM THE REQUIREMENTS OF SECTION 144-31C(3) OF THE FREDERICK COUNTY SUBDIVISION ORDINANCE REQUIRING THAT EASEMENTS PROVIDING -- ACCESS TO LOTS WITHIN MINOR RURAL SUBDIVISIONS BE A MINIMUM OF 50 FEET IN WIDTH -APPROVED Planning Director Kris Tierney presented this request to the Board. Gary Lake, with Marsh & Legge Surveyors, appeared before the Board on behalf of this request. Upon motion made by Supervisor Douglas, 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, JI. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye PUBLIC nEARING - REQUEST TO EXPAND TIlE SEWER AND WATER SERVICE AREA (SWSA) TO INCORPORATE EIGHT ACRES OF PARCEL 86-A- 156. OWNED BY INVESTMENT LAND TRUST (THOMAS J. CHASLER TRUSTEE). ZONED RA. RURAL AREAS DISTRICT. LOCATED IN THE NORTHEAST QUADRANT OF THE INTERSECTION AT FAIRFAX PIKE (ROUTE 277) AND WHITE OAK ROAD (ROUTE 636). - (WITHDRAWN) RESOLUTION (#021-00) RE:CHANGES IN THE SECONDARY SYSTEM DUE TO RELOCATION AND CONSTRUCTION ON ROUTE 661 REMOVED FROM CONSENT AGENDA AND POSTPONED UNTIL NEXT BOARD MEETING County Administrator Riley explained that it had been brought to his attention that certain citizens were present at this meeting that have concerns about Route 661 and wanted to address the Board concerning same. He was not aware ofthis when the consent agenda was approved; therefore, he would request for this matter to be postponed until the Board meets in January. 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, SI. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Minute Book Number i7 Board of Supervisors Meeting of 12/13/00 125 Sidney A. Reyes - Aye OTHER PLANNING ITEMS: Supervisor Sager left his chair at this time due to an emergency at his home. (broken water line). MASTER DEVELOPMENT PLAN #07-00 - COPPERFIELD - APPROVED Planner II Amy Lohr presented this request to the Board advising that the applicant will need to address the issues identified by staff, as well as additional issues identified by the Planning Commission and Board of Supervisors prior to final administrative approval of the master development plan. Ms. Lohr further advised that the Commissioners recommended approval ofthe preliminary master development plan, along with the requested waiver, provided that all review agency comments are addressed prior to final administrative approval. Chuck Maddox with G.W. Clifford Associates appeared before the Board to answer any questions they may have. Chairman Shickle inquired about certain streets connecting, and questioned as to whether they would be aligned. Mr. Maddox replied that they would. Chairman Shickle asked Public Works Director Ed Strawsnyder about any maintenance problems with storm water. Mr. Strawsnyder replied that it would be okay. Chairman Shickle advised that he did have some concerns about drainage. Planning Director Tierney and Director Straw snyder assured Chairman Shickle that this plan will work as it should and that staff would take the necessary steps to see that everything is in place before this plan is finalized. Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, Master Development Plan #07-00 Copperfield was approved, as presented, by the following recorded vote: Richard C. Shickle - Nay Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Ir. - Aye Robert M. Sager - Absent - (not at his chair at this time) Margaret B. Douglas - Aye Sidney A. Reyes - Aye (Supervisor Sager left the meeting at this time) Time: 8:06 P.M. MASTER DEVELOPMENT PLAN #08-00 CHANNING DRIVE - APPROVED Minute Book Number 27 Board of Supervisors Meeting of 12/13/00 12G Assistant Planning Director Evan Wyatt presented this plan to the Board advising that staff had advised the applicant they should adequately address the issues identified by staff, as well as concerns of the Planning Commission, as a condition offavorable recommendation to the Board of Supervisors. He further advised that the Planning Commission recommended approval of the preliminary master development plan with the stipulation that all staff and review agency comments be complied with, including the submission of a phase plan for the development, by the following majority vote: Chairman Shickle had questions about Morning Glory Drive, and the fact that no improvements are called for on Senseny Road. Assistant Planning Director Wyatt advised that residents were present at the planning commission meeting that had concerns about certain streets, and the fact that children do play in these streets. Chairman Shickle advised that he does have concerns about this design. He asked Mr. Wyatt about the number of homes planned in both areas. Mr. Wyatt replied approximately ISO. Planning Director Tierney explained that the County requires the company to stub out connections. Chairman Shickle explained to Director Tierney that he may have a point, but this plan still troubled him. He feels anymore traffic will be too much, as he has driven these streets and for that reason he feels uncomfortable with the design as presented. Supervisor Reyes stated that he has not visited the site; however, he will endorse what Chairman Shickle has said. Claus Bader with Greenway Engineering appeared before the Board and advised that he was in agreement to bring this issue back to the Board before connections are made. Supervisor Reyes inquired as to how many school children could be located in this subdivision. Mr. Wyatt replied approximately 560. Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith, Master Development Plan #08-00 Channing Drive, was approved, with conditions by the following recorded vote: Minute Book Number 27 Board of Supervisors Meeting of 12/13/00 127 Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Absent Margaret B. Douglas - Aye Sidney A. Reyes - Aye ROAD RESOLUTIONS - PRINCE FREDERICK OFFICE PARK - COSTELLO DRIVE AND OAKDALE CROSSING, SECTION II - APPROVED UNDER CONSENT AGENDA COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met ono November 21,2000. Members present were: Robert Roper, Charles Sandy, Cheryl Swartz, Robert Hartman, John Powell, and Margaret Douglas. Submitted for Board Action: 1. At Large Member Recommendation - The Executive Committee recommends the Board of Supervisors appoint Mr. Clarence Haymaker to the vacant at large position. The recommendation was unanimously approved by the Commission. Submitted for Board Information Only: 1. Cosponsored Youth Fee Waiver Requests - As per Board policy, Mr. Sandy moved that the staff, include fee waiver requests in the amount of $67,083 as part of the 2001-02 budget submission, seconded by Mr. Hartman, carried unanimously (5-0) 2. FY 2001-02 Operating Budget Request - Mr. Sandy moved to accept the Department's proposed net operating budget in the amount of $1,475,196 for FY 2001-02, seconded by Mr. Hartman, carried unanimously. 3. FY 2001-02 capital Budget Request - Mr. Sandy moved to accept the capital budget requests in the amount of $25,013 for the Administrative and Recreation Divisions, seconded by Mrs.Swartz, carried unanimously (5-0) Mr. Sandy moved to accept the list of capital requests submitted by the Parks Division with the exception ofthe T -Ball Field and Little League Field at Orchard View and the ballfield lighting upgrade at Sherando Park totaling $558, 429, seconded by Mr. Hartman, carried unanimously (5-0). Mr. Hartman moved to request funding for the top three projects on the Department's CIP list totaling $2,680,427, seconded by Mr. Sandy, carried unanimously (5-0) 4. After School Recreation Program for Middle School Age Children - On behalf of the Ad Hoc Committee appointed to review this requests, Mrs. Swartz recommended that the Commission start a two day recreation inclusion program for middle school age children. Bya show of hands, the recommendation failed by a vote of 3-2 (Swartz, Powell aye; Hartman, Sandy, Roper Nay. LANDFILL OVERSITE COMMITTEE - APPROVED UNDER CONSENT AGENDA WITH EXCEPTION OF #1 The Landfill Oversight Committee met on Friday, November 17, 2000, at 8:00 a.m. in the fourth floor conference room at the Frederick County Administration Building. All committee members were present except Mike Noel. The following issues were discussed: 1. Disposition of Citizen Vehicles Which Exceed Three-Ouarter Ton Capacity Minute Book Number 27 Board of Supervisors Meeting of 12/13/00 128 The committee reviewed the policy of accepting and paying for citizen trash transported in vehicles with a capacity equal to or less than three-quartet ton. The landfill staff has received numerous complaints from citizens delivering their household trash in vehicles which exceed the three-quarter ton capacity. The current policy requires a commercial dump sticker or a permission letter from the county administtator or city manager before they are allowed to dispose of their refuse. The landfill staff does not take cash at the scale house. After much discussion, a motion was made by John R. Riley, Jr. and seconded by Gary Lofton to allow a citizen of either Clarke or Frederick counties, or the City of Winchester to bring one (1) load per fiscal year to the landfill in a vehicle which exceeds the three-quarter ton capacity. The citizens will be notified in writing of the landfill policy at the time the load is delivered. In addition, a copy ofthe weigh scale ticket will be forwarded to the respective jurisdiction so that they can also notify their citizen in writing ofthe one time only charge to the citizen account. The motion was unanimously approved. The landfill will track these isolated instances on a fiscal year basis. Chairman Shickle requested to have this forwarded to City Manager Ed Daley to make sure his understanding of the policy is the same as the county. (Note - Deputy Clerk Bayliss checked with Mr. Daley and he stated that as long s it was household trash the City had no problem with this policy) Upon motion made by Supervisor Orndoff, seconded by Supervisor Douglas, the 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 - Absent Margaret B. Douglas - Aye Sidney A. Reyes - Aye 2. FY 2001/2002 Budget The proposed FY 2001/2002 landfill budget in the amount of $5,500,946 was presented to the committee for their review. A motion was made by John R. Riley, Jr. and seconded by Charles W. Orndoff, Sr., to receive the budget as submitted. The motion was unanimously approved. PUBLIC WORKS COMMITTEE The Public Works Committee met on Tuesday, November 28, 2000 at 8:00 a.m. All members were present. The following items were discussed: ***ItemS Requiring Action*** 1. Disposal of Deer Carcasses - Approved with Amendment Recently, the members ofthe board have received several inquiries concerning collection and disposal of deer carcasses in Frederick County. To this end, the Director of Public Works prepared a cost estimate to provide a dumpster at each solid waste convenience site for the sole purpose of deer carcass disposal. The estimate was based on providing one dumpster, emptied daily, at each site during the approximate three-(3) month long hunting season. The committee reviewed the cost estimate and discussed the issue at length. The committee reached the conclusion that it was much too costly to provide dumpsters at each convenience site and it was not necessary to cover the entire hunting season. Consequently, a motion was made by George Ludwig and seconded by Tom Offutt to provide one (1) dumpster at the landfill citizens' Minute Book Number 27 Board of Supervisors Meeting of 12/13/00 129 convenience site only between November 15 and December 15 for the disposal of deer carcasses. The motion was unanimously approved by the committee. (See attachment 1) The Board discussed the time limits and felt perhaps the time should be extended to January 6,2001. Upon motion made by Supervisor Orndoff, seconded by Supervisor Douglas, to leave time as recommended by the Public Works Committee. Following further discussion it was the general consensus that the time should be extended until January 6, 2001. Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the time was amended to be extended to January 6, 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 - Absent Margaret B. Douglas - Aye Sidney A. Reyes - Aye ***ltems Not Requiring Action*** 1. FY 01/02 Budget Proposal The Director of Public Works presented the proposed FY 01/02 budget for his department. A brief summary of this proposal is attached. A motion was made by Tom Offutt and seconded by W. Harrington Smith, Jr. to accept the budget as submitted. The entire budget proposal will be submitted to the Finance Department. (See attachment 2) 2. Miscellaneous Reports a.) Tonnage Report (see Attachment 3) b.) Recycling Report (see Attachment 4) c.) Animal Shelter Dog Report (see Attachment 5) d.) Animal Shelter Cat Report (see Attachment 6) FINANCE COMMITTEE The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on November 15, 2000 at 8:00 a.m. Committee members Richard C. Shickle and Ronald E. Hottle were absent. The agenda items are as follows: Numbers 1.2.3.4.5.7.and 8 were approved under consent al!enda 1. The Fire and Rescue Association requests a General Fund supplemental appropriation in the amount of$55,OOO. This amount represents a $5,000 increase in contribution per county fire Minute Book Number 27 Board of Supervisors Meeting of 12/13/00 130 company. Additional local funds are necessary. The committee recommended that this request be further reviewed and a recommendation be given by the County Administrator. See attached memo, p. 1-3. The committee recommends that this request be evaluated during the FY 2001-2002 budget process. Consent 2. The Fire and Rescue Director requests a General Fund supplemental appropriation in the amount of$26J45.62. This amount represents a reappropriation of Two-For-Life Funds received in FY 2000. No additional local funds are needed. See attached memo, p. 4-5. The committee recommends approval.- Consent 3. The Fire and Rescue Director requests a General Fund supplemental appropriation in the amount of $3.028.78. This amount represents reimbursement for Haz Mat. Funds will be placed in Other Operating Supplies and $897.34 will be forwarded to Millwood Station Fire and Rescue for equipment. No additional local funds are required. See attached memo, p 6-7. The committee recommends approval. Consent 4. The Frederick County Clerk requests a General Fund supplemental appropriation in the amount of $217.01. This amount represents a maintenance insurance reimbursement and is requested to be appropriated to line item 21 06-3004-000-001 Repair and Maintenance - Equipment. No additional local funds are needed. See attached memo, p. 8-10. The committee recommends approval. Consent 5. The Parks and Recreation Director requests a General Fund supplemental appropriation in the amount of$3.850. This amount represents an insurance reimbursement for lightning damage and is requested to be appropriated to line item 7110-3004-000-003 Repair and Maintenance - Buildings. The amount of $3,850 is lower than the original request so that it agrees with the actual cost of repairs in the current fiscal year. No additional local funds are needed. See attached memo, p. 11. The committee recommends approval. Consent 6. The County Administrator requests a General Fund supplemental appropriation in the amount of $10.000. This amount represents funding for the 4-H Center for FY 2001. Additional local funds are necessary. See attached memo, p. 12-28. The committee recommends approval. The committee also recommended that the funding formula for the 4-H Center be further evaluated during the FY 2001-2002 budget process. - Approved Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, 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 - Absent Margaret B. Douglas - Aye Sidney A. Reyes - Aye 7. The Finance Director requests a higher capitalization threshold be set for fixed assets. This capitalization amount is consistent with the county School Board. See attached memo, p. 29. The committee recommends approval. Consent 8. The Sheriff requests a General Fund supplemental appropriation in the amount of $3.972.99. This amount represents an insurance reimbursement and is requested to be placed in Repair and Maintenance - Vehicle line item. No additional local funds are needed. See attached memo, p. 30. The committee recommends approval. Consent 9. The Administrator for the Lord Fairfax Health District requests that the $1,336.20 in remaining Frederick County Funds at year-end be maintained and carried forward to FY 2001 in the Frederick County Health Department budget. See attached memo, p. 31. The committee recommends approval. Approved Minute Book Number 27 Board of Supervisors Meeting of 12/13/00 13: Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, 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 - Absent Margaret B. Douglas - Aye Sidney A. Reyes - Aye 10. The Workforce Investment Board requests that the funds received for reimbursement for Lauren Carrier's salary in the amount of$14,524 be retained by the Workforce Investment Board to cover future administrative costs and not be reimbursed to Frederick County. See attached memo, p. 32-34. The committee recommends approval. Approved Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, 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 - Absent Margaret B. Douglas - Aye Sidney A. Reyes - Aye ** For Information Only ** 1. Monthly financial statements for the months ending September 30, 2000 are included. See attached memo, p. 35-92. 2. Information was provided to the Committee on the Forfeited Asset Sharing Program on last month's agenda BOARD OF SUPERVISORS COMMENTS There were no additional comments at this time. UPON MOTION MADE BY SUPERVISOR ORNDOFF, SECONDED BY SUPERVISOR REYES, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME:8.50 P.M.) ~--.Q. c ~ IL fl -0 Richard C. Shickle Chairman, Board of Supervisors 1 Minutes Prepared By: ~(lV'~~ ;r .?1U ( J.C<LA/ Carol T. Bayliss Deputy Clerk, Board of Supervisors Minute Book Number 27 Board of Supervisors Meeting of 12/13/00