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February 08, 2000 Regular Meeting 424 A Regular Meeting of the Frederick County Board of Supervisors was held on February 8, 2000, at 7:15 P.M., in the Board of Supervisors' Meeting Room, County Adrninistration Building, 107 North Kent Street, Winchester, Virginia. PRESENT: Chairman Richard D. Shickle; Vice Chairman Charles W. Orndoff, Sr.; W. Harrington Smith, Jr.; Robert M. Sager; Margaret B. Douglas; and Sidney A. Reyes. Prior to this meeting a Closed Session was held with members of the Stephens City Town Council and Planning Commission with the Board of Supervisors. 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 Cade afVirginia, (1950), as amended, Section 15.2-2907, Paragraph (D) Actions for Annexation, Immunity, Establishment of City; Investigations and Reports by Commission; Negotiation. Once the session was over with Stephens City Town Officials the Board retired into Closed Session, per Code of Virginia, (1950), as amended, Section 2.1-344, Subsection A, (5) to discuss Economic Development - Discussion of an Industrial Prospect. County Administrator Riley was not in the Closed Session with Town of Stephens City Officials. 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 WITHDREW FROM CLOSED SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the Board withdrew from Closed Session. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Board of Supervisors Meeting of 02/08/00 Minute Book Number 26 425 BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Sager, 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. 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 The invocation was delivered by Reverend Bobby Alger of the Crossroads Community Church. ADOPTION OF AGENDA County Administrator Riley advised that he had nothing to add to the agenda. Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the agenda was adopted as presented by the following recorded vote: Richard C. Shick1e - 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. Resolutions of Appreciation for Mllljorie H. Copenhaver, Terry E. Stone, George L. Romine. - Tab B; 2. Road Resolution - McGuire Hills Subdivision - Tab K; 3. Parks & Recreation Commission Report - Tab L; 4. Emergency Communications Commission Report- Tab M. Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the consent agenda as noted above was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Board of Supervisors Meeting of 02/08/00 Minute Book Number 26 426 Margaret B. Douglas - Aye Sidney A. Reyes - Aye CITIZEN COMMENTS Susan Luby Luebehusen, county resident, appeared before the Board to address Tab E. This is a resolution authorizing an Application to the Virginia Public School Authority (VPSA) - Spring 2000 Bond Sale. She explained to the Board why she was not in favor of this resolution. MINUTES Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the minutes of the regular meeting of December 8, 1999 were approved as presented 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 Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the minutes of the regular meeting ofJanuary 12,2000 were approved as presented 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 RESOLUTIONS (#'s 028. 029. & 030) OF APPRECIATION FOR MARJORIE H. COPENHAVER. TERRY E. STONE AND GEORGE L. ROMINE - APPROVED UNDER CONSENT AGENDA RESOLUTION OF APPRECIATION HONORING MARJORIE H. COPENHAVER WHEREAS, Mllljorie H. Copenhaver served as an appointed member of the Frederick County Planning Commission from August 24, 1983, until the expiration of her latest term on January 10,2000; and, WHEREAS, during the period of her membership on the Planning Commission, Mrs. Copenhaver played an important role in guiding the growth and development of Frederick County, at all times demonstrating a thorough understanding of the many issues which faced Frederick County, and an unwavering dedication to the betterment of her community; and, WHEREAS, the Frederick County Board of Supervisors wish to express their sincere thanks to Mllljorie H. Copenhaver, and recognize her many years of dedicated participation; NOW, THEREFORE, BE IT RESOLVED, that on this 8th day of February 2000, the Frederick County Board of Supervisors does hereby officially express its gratitude to Maljorie H. Copenhaver for her tireless commitment oftime and energy to the betterment of her community and overall dedication to the County of Frederick. Board of Supervisors Meeting of 02108/00 Minute Book Number 26 427 RESOLUTION OF APPRECIATION HONORING GEORGE L. ROMINE WHEREAS, George L. Romine served as an appointed member of the Frederick County Planning Commission from April 1 , 1981, until the expiration of his latest term on January 10,2000; and, WHEREAS, in addition, Mr. Romine served as the Economic Development Coordinator for Frederick County and the City of Winchester from January 1990 to February 1991; and, WHEREAS, during the period of his membership on the Planning Commission, Mr. Romine played an important role in guiding the growth and development of Frederick County, at all times demonstrating a thorough understanding of the many issues which faced Frederick County, and an unwavering dedication to the betterment of his community; and, WHEREAS, the Frederick County Board of Supervisors wish to express their sincere thanks to George L. Romine, and recognize his many years of dedicated participation; NOW, THEREFORE, BE IT RESOLVED, that on this 8th day of February 2000, the Frederick County Board of Supervisors does hereby officially express its gratitude to George L. Romine for his tireless commitment of time and energy to the betterment of his community and overall dedication to the County of Frederick. RESOLUTION OF APPRECIATION HONORING TERRY E. STONE WHEREAS, Terry E. Stone served as an appointed member of the Frederick County Planning Commission from March 29, 1994, until the expiration of his latest term on January 10, 2000; and, WHEREAS, during the period of his membership on the Planning Commission, Mr. Stone played an important role in guiding the growth and development of Frederick County, at all times demonstrating a thorough understanding of the many issues which faced Frederick County, and an unwavering dedication to the betterment of his community; and, WHEREAS, the Frederick County Board of Supervisors wish to express their sincere thanks to Terry E. Stone, and recognize his many years of dedicated participation; NOW, THEREFORE, BE IT RESOLVED, that on this 8th day of February 2000, the Frederick County Board of Supervisors does hereby officially express its gratitude to Terry E. Stone for his tireless commitment of time and energy to the betterment of his community and overall dedication to the County of Frederick. PHILIP FARLEY APPOINTED TO COUNTY PERSONNEL COMMITTEE Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, Philip Farley was appointed to the County Personnel Committee for one year term. This term will commence on February 8, 2000 and expire on January 26, 2001. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Board of Supervisors Meeting of 02/08/00 Minute Book Number 26 42.8 CHARLES S. DEHA VEN.JR. REAPPOINTED TO THE PLANNING COMMISSION FROM STONEWALL DISTRICT Upon motion made by Supervisor Orndoff, seconded by Supervisor Sager, Charles S. DeHaven, Jr., was reappointed to the planning commission from Stonewall District for a four year term. This term will begin on February 12,2000 and expire on February 12,2004. 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 DARWIN S. BRADEN APPOINTED TO THE TRANSPORTATION COMMITTEE FROM GAINESBORO DISTRICT Upon motion made by Supervisor Reyes, seconded by Supervisor Sager, Darwin S. Braden was appointed to the Transportation Committee from Gainesboro District for a four year term. This term will begin on March 13,2000 and expire on March 13,2004. The above appointment 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 REOUEST FROM CEDAR CREEK BATTLEFIELD FOUNDATION RE: FUNDING FOR SIGNS - APPROVED County Administrator Riley presented this request to the Board. This request is for directional signs to be placed on Interstate 81 directing tourists to the Cedar Creek Visitors Center as well as the Cedar Creek Battlefield area. Chairman Shickle asked ifthere was any time limit. County Administrator Riley replied he was not sure. Upon motion made by Supervisor Douglas, seconded by Supervisor Smith, to approve this request. The funds in the amount of$3,000 will be a supplemental appropriation from fund balance. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Board of Supervisors Meeting of 02/08/00 Minute Book Number 26 429 RESOLUTION (#027-00) OF THE FREDERICK COUNTY BOARD OF SUPERVISORS AUTHORIZING AN APPLICATION TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY lVPSA) - SPRING 2000 BOND SALE - DENIED School Superintendent Dr. William Dean appeared before the Board concerning this resolution. He explained that in considering the VPSA bond resolution, the Board had several options which they may wish to explore to provide the funding needed to complete the Back Creek Elementary School. The first option is to approve a resolution in the amount of$I,065,000. The second option would involve using the funds identified for the purchase of a southern/eastern elementary school site for the Back Creek school project, thereby reducing the amount which needs to be borrowed to complete the project to $314,000. A third option which they may wish to consider involves providing the money needed to complete the project from the county fund balance and not utilize VPSA funding. He further suggested that the Board approve the identical amount of $1,065,000, which was approved by the school board at its February 1, 2000 meeting. A summary of the status of the funding for the Back Creek project and various options were provided for the Boards information. Supervisor Smith stated that everyone knew the county is presently working on the budget. He felt that perhaps Option C shown on the summary page of school funding/options would be the way to go wherein $314,000 would come from fund balance to complete the Back Creek Elementary School. Chairman Shickle stated that it was his understanding that the school board recommended Option A. Dr. Dean spoke about acreage that was part of a proffer package; however, that is not a done deal at this point. He advised that more would be known about this following a meeting that is scheduled for this coming Monday. This acreage would be looked at for an additional elementary school. Upon motion made by Supervisor Smith, seconded by Supervisor Sager, $314,000 will come from fund balance to complete the Back Creek Elementary project. 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 of Supervisors Meeting of 02/08/00 Minute Book Number 26 430 RESOLUTION (#031-00) AUTHORIZING THE ISSUANCE AND SALE OF $4.500.000 GENERAL OBLIGATION BONDS RE: NEW LIBRARY - APPROVED County Administrator Riley presented this request to the Board. Upon motion made by Supervisor Sager, seconded by Supervisor Douglas, the following resolution was approved: WHEREAS, the Board of Supervisors ofthe County of Frederick, Virginia (the "County"), adopted a resolution on May 12, 1999, requesting the Circuit Court of Frederick County to order a special election to be held on November 2, 1999 (the "Election"), on the question of contracting debt and issuing bonds for the purpose of paying the costs, in whole or in part, of the acquisition, construction, equipping and furnishing of a new library in the County (the "Project") in the maximum amount of $4,500,000; WHEREAS, at the Election a majority of the voters of the County voting in the Election approved the issuance ofthe County's general obligation bonds for the Project. (A complete copy of this resolution is on file in the County Administrator's Office). 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 REOUEST FOR SUPPLEMENTAL APPROPRIATION RE: GENERAL REASSESSMENT - APPROVED County Administrator Riley presented this request to the Board. He explained the $178,000.00 is being requested for the Board of Assessors budget. This amount was not budgeted due to the fact that during the budget process last year the cost of the reassessment and time frame for payment of services was not determined. He further explained that the current reassessment is ahead of schedule, and this amount can also be reduced in the proposed FY 2001 budget. Ellen Murphy, Commissioner ofthe Revenue, was present to provide additional information to the Board concerning this request. She also informed them that the current reassessment is approximately one-half complete at this time. 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 SCHOOL SUPERINTENDENT DR. WILLIAM DEAN ADDRESSES BOARD RE: JOINT TRANSPORT A nON/MAINTENANCE/CENTRAL WAREHOUSE Board of Supervisors Meeting of 02/08/00 Minute Book Number 26 431 FACILITY - REOUEST POSTPONED UNTIL NEXT MEETING School Superintendent Dr. William Dean addressed the Board concerning this request. He presented the Board with a report outlining his thoughts on the proposed location and feasibility of constructing this facility at the Redbud site compared to another location within the county. He used enlarged drawings of site plans to demonstrate how crowded the Redbud site would be, if the high school constructed at this site would be built to accommodate 1500 students, along with the transportation/maintenance/central warehouse facility. He explained that an additional fifteen acres would be needed in order to accommodate everything. It was brought out in further discussion that the original plans did not call for a central warehouse facility, only transportation and maintenance facility. Supervisor Smith stated that in his opinion, half a million dollars is too much for a maintenance shop. He feels the Board needs to take a year off from building anything. He asked what the conditions were ofthe county middle schools, as he never sees any requests for building middle schools. Dr. Dean replied that the middle schools are very crowded, and there are plans to address the middle schools next year. Supervisor Smith advised that he could not vote for a maintenance shop to be constructed on property that cost this kind of money. Supervisor Reyes questioned the feasibility of having 800 students in a high school on Red bud property and building an additional high school in the eastern section of county in order to accommodate 1500 students. Supervisor Orndoff asked how many acres of the total l20 acres would be used to build on. Assistant Superintendent Tom Sullivan advised that he would not like to guess on this, but feels there would be a few remaining based on the terrain of this property. County Administrator Riley asked how many additional acres would be needed in order to construct a new high a high school to accommodate 1500 students along with the Transpor- tation/Maintenance/Central Warehouse Facility. Dr. Dean replied that he was not sure. Supervisor Reyes asked Dr. Dean if an option was made available to get the extra land needed at the Redbud site, would he still be interested in locating the maintenance facility at Kernstown. Board of Supervisors Meeting of 02/08/00 Minute Book Number 26 432 Dr. Dean replied yes. Following additional discussion between board members and Dr. Dean it was determined that this request would be postponed until the next board meeting. The school board will determine how much property is still available adjacent to the Redbud site and report back to the Board Upon motion made by Supervisor Smith, seconded by Supervisor Sager, this request is postponed until the next meeting awaiting additional information from the school board. 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 PLANNING COMMISSION BUSINESS: MASTER DEVELOPMENT PLAN - MORGAINE TRACE SUBDIVISION - APPROVED Assistant Planning Director Evan Wyatt presented this request to the Board advising them of staff and planning commission approval. Supervisor Smith stated that there would be no garden apartments. Mr. Wyatt replied that is correct. Supervisor Sager asked about traffic controls, and whether the plan is just for stop signs. Mr. Wyatt replied that was correct. Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, Master Development Plan Morgaine Trace Subdivision 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 DISCUSSION OF THE 2000-2001 CAPITAL IMPROVEMENTS PLAN COST ESTIMATES Assistant Planning Director Evan Wyatt presented this plan to the Board. He advised them that as a result of discussion held at the January 12, Board Meeting the Board indicated they felt proj ect priorities were appropriate. The Board did; however, request additional information for each proposed capital facilities project before they felt they could endorse the CIP. Mr. Wyatt further explained to the Board that a summary ofthe CIP is included, along with Board of Supervisors Meeting of 02/08/00 Minute Book Number 26 433 tables for new project requests and project modification requests. Also included is the proposed 2000-2001 Frederick County CIP, and financial information for each project that was provided by the requesting agencies. Staff would like to schedule a public hearing for the 2000-2001 CIP for the February 23 Board meeting. Chairman Shickle asked about the figure listed for the TransportationlMaintenance/Storage Warehouse and whether that included land acquisition or just mortar and brick. Assistant Superintendent of Schools Tom Sullivan replied that was the figure for construction only. Supervisor Sager stated he could not support a figure of this magnitude. Chairman Shickle asked about the property belonging to the county in Gainesboro District. Supervisor Smith advised that this property was purchased approximately ten years ago. Supervisor Reyes inquired about the procedure for purchasing property and whether the normal practice was to purchase land this far in advance. County Administrator Riley explained that a number of years ago all indications were that it was time to close the Gainesboro Elementary School and build a new one, thus the land was purchased in order to do this. The parents of Gainesboro District felt this was not the case and made it known to the Board that they were very happy with their present school and did not want a new school built. The county had purchased the property and decided to hold on to it until it is needed for a new elementary school in the western part ofthe county. Supervisor Sager asked if the area of leasing, or contractual contracts has ever been considered. Chairman Shickle asked Airport Director Renny Manuel about the figures on the airport and whether they are just for Frederick County, or do they include the other localities. Director Manuel appeared before the Board to explain that this was just for Frederick County. Upon motion made by Supervisor Sager, seconded by Supervisor Reyes the revised Capital Improvements Plan was approved for public hearing on February 23,2000 by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Nay W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Board of Supervisors Meeting of 02108/00 Minute Book Number 26 4;34 ROAD RESOLUTION - MCGUIRE HILLS SUBDIVISION - APPROVED UNDER CONSENT AGENDA COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on January 18,2000. Members present were: Charles Sandy, Robert Roper, Joyce Duvall, Jane Vickers, Cheryl Swartz, Robert Hartman, Paul Spain. Submitted for Board Information Only 1. Election of Officers - Mr. Roper was unanimously elected Chairman ofthe Commission; Mr. Sandy was unanimously elected Vice-Chairman. 2. Meetinl! date. time and place - Mrs. Swartz moved to meet the third Tuesday of each month at 7:00 p.m. in the Board of Supervisors Executive Meeting Room, second by Mr. Hartman, carried unanimously. 3. Committee Appointments - Postponed until the February meeting. 4. TEA-21 Grant Proposal- Mr. Hartman moved to approve the application for a TEA-21 grant to complete 3,200 ft. ofbike/pedestrian trails through Sherando Park, linking the Tasker Land Bay BikewaylPedestrian Trail Project to trail systems serving the subdivisions North of Route 277 and Sherando Park and High School, second by Mr. Spain, carried (5-0) Mr. Roper abstained. 5. Recreational Access Grant - Mr. Roper moved to apply for a recreational access grant (100% funded) in the amount of$18,000 to complete phase I of the bike trail at Sherando Park, second by Mr. Hartman, carried unanimously. 6. Public Relations Committee (Prol!ram Review) - Mrs. Swartz moved to accept the Corporate Walking Program and the Aquatics Internships as new programs, second by Mrs. Vickers, carried unanimously. EMERGENCY COMMUNICATIONS COMMISSION REPORT - APPROVED UNDER CONSENT AGENDA The Frederick County Emergency Communications Commission met on Monday, January 24,2000 at 5:00 p.m. The following Commission members were present: John Riley, Sheriff Bob Williamson, Steve Eells, and Don Jackson. Also present this date were Public Safety Communications Director John Webb, and Director of Fire and Rescue Gary DuBrueler. The following items were discussed: *** Items Not Requiring Action *** 1. Communications Director's Report A. FY 00-01 Budget The proposed budget was distributed in December's agenda packet. B. Capital Improvements of Communications Equipment The projected cost for the Simulcast System is approximately $1.65 million. Consideration should be given to consolidating Fire and Rescue and The Sheriffs Department communications infrastructure if it is decided this is the direction we want to move in. C. Wireless 911 Board of Supervisors Meeting of 02108/00 Minute Book Number 26 435 We have made application to the Wireless 911 Services Board to recover cost to support the Wireless 911 systems, no response to date. D. Senate Bill 148 The Crime Commission has proposed a bill to place a cap on the 911 Tariffs. The Senate Finance Committee will be meeting Wednesday to discuss this bill. Old Business: Don Jackson had many questions concerning past issues. These questions included information on the five-year plan which had been discussed previously, inquired ifthere was money left over from radio replacements, he had concerns that he gave his officers radios and needed more to cover the trucks, and questioned if all companies had their radios installed. He also inquired about the back up base station which is in the proposed budget. , Next Meeting: The Commission decided the next meeting will be on February 28,2000. BOARD OF SUPERVISORS COMMENTS There were no additional Board comments at this time. UPON MOTION MADE BY SUPERVISOR SAGER, SECONDED BY SUPERVISOR ORNDOFF, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME: 8:40 P.M.) ~)c~~ Richard C. Shickle Chairman, Board of Supervisors ( ----)!zf /;J ". c--r~_ ~ / ).( .- J Riley, Jr. Clerk, Board of Supervisors Minutes Prepared By: (/71~ 7- 'rs:iliJ-&-O----J~) Carol T. Bayliss Deputy Clerk, Board of Supervisors Board of Supervisors Meeting of 02/08/00 Minute Book Number 26