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June 14, 2000 Regular Meeting 549 A Worksession/Regular Meeting of the Frederick County Board of Supervisors was held on June 14,2000, at 3:00 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. EDC STAFF Director June Wilmot; Deputy Director Patrick Barker; Existing Industry Coordinator Gary Edwards. Members - Chairman Doug Rinker and Jim Golladay. Deputy Director Barker addressed the Board and explained that staff would like for the Board to reach consensus on EDC's direction and focus which includes EDC's Structure, EDC's Strategy/Impact Measures and EDC's Programs. Chairman Shickle asked if the City of Winchester sees the role this way. Chairman Rinker explained that he feels EDC is trying to appease two masters. The question was raised as to whether or not this is the time to discuss this further with the City of Winchester. Deputy Director Barker reviewed further with the Board the following items: 1) Enabling Ordinance 2) EDC's Responsibilities 3) Strategy's Mission Statement Supervisor Reyes referred to an earlier statement by Chairman Rinker concerning the City of Winchester, combined with the wording of the mission statement, and whether EDC is actually serving two masters. Director Wilmot referred to the economy and the role it plays. Chairman Rinker explained that the linage is tremendous. Supervisor Sager asked what guides EDC, as to what direction they go, the County or the City. Director Wilmot responded the County. Chairman Rinker addressed the area of Economic Impact Measures. County Administrator Riley asked what is factored in the $11,947,175 figure. Is it revenue Minute Book Number 26 Board of Supervisors Meeting of 06/14/00 550 created from Commercial and Industrial Real Estate. The area of existing companies was discussed as far as receiving any additional funding from EDC, and the Board was in favor of this assistance; however, not on an ongoing basis. County Administrator Riley advised that in the first sentence under Existing Industry Development - Mission he feels the word "growth" should be deleted and replaced with "expansion." There was no objection to this amendment. Existing Industry Coordinator Gary Edwards explained that he currently has eighteen possible company expansions. He further explained that he has two active clusters at this time. The printing clusters are having a hard time, given the present unemployment rate. The third cluster would be food. Supervisor Sager stated that he felt funding should be for those companies that are already here and in operation. The general consensus was that the area of Business Attraction was the one that needs the most attention. Supervisor Reyes stated that he thought the County was getting out ofthe Travel portion of this program. Chairman Shickle advised that this is the one part of the program that he has the most problem with. He questions how much is good and how much is too much. The consensus was that this needs to be looked at in a more serious light than in the past. Director Wilmot conducted the area of Other eonsiderations and asked the Board for direction of same. Chairman Shickle asked that unemployment figures, local as well as areas within commuting distance, be provided to the Board. Director Wilmot addressed the area of the Use ofIncentives. County Administrator Riley asked if now is the time to start using our funds for those existing plants. Supervisors Sager and Douglas felt this was a good idea. Chairman Shickle asked how much. Should some of the funds be for existing companies, and some for new companies. Do we budget a reasonable amount and then go to supplemental Minute Book Number 26 Board of Supervisors Meeting of 06/14/00 561 appropriation, if necessary. Supervisor Reyes stated that he felt we should concentrate on existing companies, but not shut the door on another "Hood" should it want to locate here. Director Wilmot explained the Pharmacy Technology Zone, which the Board agreed with. Supervisor Reyes stated that he was concerned that the County does not know what the City of Winchester is planning to do as far as their participation in EDC. Following the worksession, the general consensus of Board members and EDC staffwas that there was a better understanding of what EDC's direction and focus is. BOARD RETIRED INTO CLOSED SESSION (4:35 P.M.) 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) (3) and (7) to Discuss Personnel, Acquisition and Disposition of Real Estate 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 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, 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 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: Minute Book Number 26 Board of Supervisors Meeting of 06/14/00 552 Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye COUNTY ADMINISTRATOR RILEY AND DEPARTMENT HEADS. S. ANDERSON. J. WILMOT AND F. HILDEBRAND EVALUATIONS APPROVED Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the evaluations of County Administrator John R. Riley, Jr., Director of Court Services Scott Anderson, Director of EDC June Wilmot, and Director ofthe Clarke- Frederick-Winchester Regional Jail Fred Hildebrand were approved with County Administrator Riley to receive a 6% increase of his present salary. 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 RECESS (4:35 P.M.) Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the Board recessed until 7: 15 P.M. this date. 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 CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION The invocation was delivered by Reverend George Stewart of the Little MountainJPleasant Valley/Mt. Pleasant United Methodist Church. PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA County Administrator Riley advised that he had one item to add to the agenda. 1) Request for Landfill transfer. Minute Book Number 26 Board of Supervisors Meeting of 06/14/00 553 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 Riley suggested the following tabs for approval under consent agenda: 1. Appointments to the ShawneeLand Sanitary District Advisory Committee - Tab C; 2. Resolution from Middletown Fire and Rescue Company - Tab D; 3. Amended Resolution for Route 715 Abandonment - Tab E; 4. Waiver of Subdivision Ordinance Provisions by Dawson Investments - Tab Q; 5. Subdivision of Two Lots in ShawneeLand (R5) Requested by Alex Simpson - Tab R; 6. Subdivision Request to Subdivide 19.58 Acre Tract Into Three Lots by Thomas Baker and Thomas Glass - Tab S; 7. Emergency Communications Commission Report - Tab U; 8. Landfill Oversite Committee Report - Tab V. Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the consent agenda, as noted above, was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye CITIZEN COMMENT Ken Kisner, representing the local Moose Lodge, appeared before the Board to discuss the Realignment of Route 522 South (Front Royal Pike). Chairman Shickle advised him that this item was scheduled later on the Agenda, and even though it is not a public hearing item, the Board will hear his comments at that time. Greg Baruffi, area resident, appeared before the Board to bring them up to date on his efforts, to have the proper authorities enforce the applicable environmental laws, on behalf ofthe Merrimans Chase residential development site in Frederick County. Minute Book Number 26 Board of Supervisors Meeting of 06/14/00 554 MINUTES Supervisor Orndoff advised that on page 8, fourth paragraph, it should read Supervisor Sager, rather than Supervisor Shickle withdrew his second. Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith, the minutes of the regular meeting of May 24, 2000 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 Sidney A. Reyes - Aye COUNTY OFFICIALS TONYAHOLLIDAY APPOINTED TO LORD FAIRFAX EMERGENCY MEDICAL SERVICES COUNCIUEMS) Upon motion made by Supervisor Reyes, seconded by Supervisor Sager, Tonya Holliday was appointed to the Lord Fairfax Emergency Medical Services Council (EMS). This term will commence on July 1,2000, and expire on June 30, 2003. This is a three year term. Upon motion made by Supervisor Reyes, seconded by Supervisor Sager, 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 APPOINTMENTS TO THE SHA WNEELAND SANITARY DISTRICT ADVISORY COMMITTEE - APPROVED UNDER CONSENT AGENDA The appointments are: Edward S. Sturdivant, Martin Feltner, Janet Rankin, and Ronald Harding. RESOLUTION(# 052-00) FROM MIDDLETOWN FIRE AND RESCUE COMPANY FOR CHARLES R. LEGGE - APPROVED UNDER CONSENT AGENDA WHEREAS, Charles R. Legge joined the Middletown Volunteer Fire and Rescue Company in July 1955, and WHEREAS, Mr. Legge became president of the Middletown Volunteer Fire and Rescue Company in July 1970 and has served in that capacity continuing through the year 2000, and WHEREAS, through Mr. Legge's countless volunteer hours and leadership on fire and rescue calls, fund-raising, and committee service, the Middletown Volunteer Fire and Rescue Company has become the cornerstone of the Frederick County fire and rescue community; Minute Book Number 26 Board of Supervisors Meeting of 06/14/00 555 NOW, THEREFORE, BE IT RESOLVED that the Frederick County Board of Supervisors congratulates Charles R. Legge on his 45 years of dedicated service to the Middletown Volunteer Fire and Rescue Company and the County of Frederick. BE IT FURTHER RESOLVED that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to read and understand the true meaning of volunteerism. RESOL VED this 14th day of June, 2000. AMENDED RESOLUTION(#047-00) FOR ROUTE 715 ABANDONMENT - APPROVED UNDER CONSENT AGENDA WHEREAS, it appears to this Board that Secondary Route 9158 (Old Gore School access) from Route 715, around Old Gore School to Route 715, a distance of 0.06 mile, serves no public necessity and is no longer necessary as a part of the Secondary System of State Highways. WHEREAS, public notice was posted as prescribed under section 33.1-151, Code of Virginia, announcing the intent to abandon altogether the section of road described above from the Secondary System of State Highways; and WHEREAS, no landowner whose property abuts on Secondary Route 9158 (Old Gore School Access) filed a request for a public hearing on the proposed abandonment; and WHEREAS, after considering all evidence available, this Board is satisfied that no public hearing necessity exists for the continuance of the section of Secondary Route 9158 (Old Gore School access) from Route 715, around Old Gore School to Route 715, a distance of 0.06 mile, and hereby deems that section of road is no longer necessary as a part of the Secondary System of State Highways. NOW, THEREFORE, BE IT RESOLVED, the board abandons the above-described section of road and removes it from the Secondary System of State Highways, pursuant to Section 33.1-151, Code of Virginia. BE IT FURTHER RESOLVED, that a certified copy ofthis resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. REQUEST FROM SHERIFF WILLIAMSON FOR TRANSFER OF FUNDS - APPROVED Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the interdepartmental transfer of funds request in the amount of$17 ,495 from Sheriff Robert Williamson was approved. These funds are being taken out of seized assets/forfeited property line item and transferred into machinery and equipment for the purchase of 5 patrol car video camera systems. 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 SCHOOL BOARD REOUEST FOR CATEGORICAL TRANSFER OF FUNDS - APPROVED Minute Book Number 26 Board of Supervisors Meeting of 06/14/00 556 The school board is asking for a categorical appropriation transfer from the instructional category to the facilities category in the amount of$31,939. This amount represents the remaining amount due for architectural services provided for studies, assessments and design for the following Capital Improvement Plan project during the FY2000: James Wood Middle School renovation Third high school Fourth middle school Combined Maintenance/Transportation/Warehouse facility studied in ajoint effort with the county government Renovation of Robinson Elementary for a maintenance facility Renovation of existing Transportation facility 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 - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye KEVIN ADAMS APPEARED BEFORE THE BOARD RE: COMMUNITY CONSENSUS COALITION - RECEIVED AS INFORMATION Kevin Adams appeared before the Board to discuss the Community Consensus Coalition. The Board did not make any commitment on behalf ofthe county and accepted what was explained by Mr. Adams as information received. REOUEST FROM FIRE AND RESCUE DEPARTMENT FOR SUPPLEMENTAL APPROPRIATION RE: TRAINING MATERIALS - APPROVED County Administrator Riley presented this request to the Board advising that this request is in the amount of$2,000. This was a donation received from the Loyal Order of Moose and placed into revenue line item 1034 Donations. The Fire and Rescue Department is now requesting a supplemental appropriation of $2,000 in order to purchase a multi-media projector to assist in the training division with both volunteer and career training programs. Upon motion made by Supervisor Reyes, seconded by Supervisor Smith, the above request was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Minute Book Number 26 Board of Supervisors Meeting of 06/14/00 557 REQUEST FROM WINCHESTER-FREDERICK HISTORICAL SOCIETY RE: DISBURSEMENT OF FUND BALANCE - APPROVED FOR RETURN TO COUNTY County Administrator Riley explained that correspondence had been received from Mary Jane Light, Chairman of the Rural Landmark SurveyIPublication Committee, requesting direction from the Board on funds received from the publication of "Frederick County, Virginia: History Through Architecture" totaling $10,357. Ms. Light explained to the Board that she is stepping down from this chairmanship in September, and is asking the Board how they want the remaining funds disbursed. Following discussion, Supervisor Reyes made the motion to return the full amount to the general revenue of the county. Supervisor Smith 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 - Nay Sidney A. Reyes - Aye FREDERICK-WINCHESTER SERVICE AUTHORITY/CLARKE COUNTY SEPT AGE AGREEMENT - APPROVED County Administrator Riley presented this request to the Board. Executive Director of the Frederick-Winchester Service Authority Jess Moffitt appeared before the Board to further explain this request and answer any questions the Board might have. County Administrator Riley asked ifthere would be any adverse effects. Mr. Moffett replied not at 5,000 gallons per day. Supervisor Reyes stated that he has concerns about the 10 year time factor. Mr. Moffett replied that was up to the board of supervisors. Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the Clarke County Septage Agreement(a complete copy is on file in the Office of the County Administrator) was approved by the following recorded vote: Richard C. Shickle - Nay Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Nay REQUEST FROM ASSISTANT COUNTY ADMINISTRATOR FOR Minute Book Number 26 Board of Supervisors Meeting of 06/14/00 558 SUPPLEMENTAL APPROPRIATION RE: MOVING OF VOTING MACHINES - APPROVED Assistant County Administrator Carrier is requesting $2,000 for additional labor costs related to moving the voting machines. This request was inadvertently omitted from the Public Works Committee report from their meeting of April 25, 2000. Upon motion made by Supervisor Orndoff, 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 - Abstained Margaret B. Douglas - Aye Sidney A. Reyes - Aye DISCUSSION OF EPANON-ATTAINMENT AREA - BOARD ELECTED TO TAKE WAIT AND SEE APPROACH County Administrator Riley presented this information to the Board. He explained that based on information that is currently available, he felt it would be wise for the Board to take the "wait and see approach" until the Supreme Court takes action on a case that is before them at this time. Planning Director Kris Tierney advised that there are monitors through out the State and he explained how these monitors work. Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the Board elected to take a "wait and see" approach to this situation. 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 CURRENT STATUS OF FUNDING FOR YOUTH DEVELOPMENT CENTER AND 4-H CENTER - RECEIVED AS INFORMATION Per information provided by Assistant County Administrator Carrier there are not sufficient funds available to fund the $10,000 requested by the 4-H Center. Exactly how much money is available to reimburse the CSA budget will not be known until the end of June per Doug Tucker with the Juvenile and Probation Office. This information is provided as requested by the Board at the regular meeting of February 23,2000. Minute Book Number 26 Board of Supervisors Meeting of 06/14/00 559 Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the above information was accepted as presented 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 PUBLIC HEARING - AMENDMENT TO THE 1999-2000 FISCAL YEAR BUDGET- PURSUANT TO SECTION 15.2-2507 OF THE CODE OF VIRGINIA. 1950. AS AMENDED. THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO AMEND THE 1999-2000 BUDGET TO REFLECT A SUPPLEMENTAL APPROPRIATION OF $500.000. THIS APPROPRIATION REPRESENTS FUNDS RECEIVED FROM THE GOVERNOR'S OPPORTUNITY FUND TO BE USED FOR HP HOOD. INC. Upon motion made by Supervisor Orndoff, seconded by Supervisor Douglas, the following resolution was approved: WHEREAS, the Frederick County Board of Supervisors, meeting in regular session on June 14,2000, took the following action: NOW, THEREFORE, BE IT RESOL VED, by the Board of Supervisors that the FY 1999- 2000 Budget be Amended to Reflect a Supplemental Appropriation in the Amount of$500,000; and BE IT FURTHER RESOLVED, that this appropriation represents funds received from the Governor's Opportunity Fund to be used for HP Hood. ADOPTED this 14th day of June 2000. There was no public input. 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 PUBLIC HEARING PUBLIC HEARING - SUPPLEMENTAL APPROPRIATION TO COVER THREE DIFFERENT ISTEA (INTER-MODEL SURFACE TRANSPORTATION EQUITY ACT) GRANTS. THE TOTAL AMOUNT OF THE THREE AWARDS COMES TO 1.39 MILLION DOLLARS. THIS MONEY WOULD GO TOWARD THE PURCHASE OF THE GRIM FARM WITH A REOUEST FOR REIMBURSEMENT TO BE SUBMITTED TO THE VIRGINIADEP ARTMENT OF TRANSPORTATION IMMEDIA TEL Y FOLLOWING THE CLOSING ON THE PROPERTY - APPROVED Minute Book Number 26 Board of Supervisors Meeting of 06/14/00 560 County Administrator Riley presented this request to the Board. Larry Duncan, President ofthe Battlefield Foundation, appeared before the Board to answer any questions they might have, and to also thank the County for all their efforts on behalf of this project. Upon motion made by Supervisor Reyes, seconded by Supervisor Sager, 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 DAWSON INVESTMENTS W AIVERREQUEST - APPROVED UNDER CONSENT AGENDA This request from C. Bruce Dawson of Dawson Investments is to permit a waiver of the requirements of Section 144-25.B, Utilities and Easements, of the Subdivision Ordinance. SUBDIVISION OF TWO LOTS IN SHA WNEELAND (RS) REOUESTED BY ALEX SIMPSON - APPROVED UNDER CONSENT AGENDA SUBDIVISION REOUEST TO SUBDIVIDE 19.58 ACRE TRACT INTO THREE LOTS BY THOMAS BAKER AND THOMAS GLASS - APPROVED UNDER CONSENT AGENDA This property is located adjacent to Route 11 South, Valley Pike, and Route 839 in Kernstown, in Back Creek District. REALIGNMENT OF ROUTE 522 SOUTH (FRONT ROYAL PIKE)' APPROVAL GIVEN TO PLANS Al AND A2 FOR FURTHER STUDY. PLAN B WAS ELIMINATED AS A POSSIBILITY Planning Director Tierney presented this request to the Board. He advised the Board that the Winchester Area Transportation Study (W ATS) recommends that the current intersection of Route 522(Front Royal Pike) and Route 50/17 (Millwood Pike) be relocated. The increasing traffic volume associated with the developing commercial corridor in this area has produced congestion that diminishes the intersection's safety and efficiency. Furthermore, the Interstate 81 Improvement Study includes plans to reconfigure the interchange at Route 50/17, which will result in additional lanes and, therefore, volumes oftraffic traversing the intersection. The traffic analysis performed with the 1-81 study indicates that the relocation of Route 522 would enable the interchange to function at a higher level of service and safety. Minute Book Number 26 Board of Supervisors Meeting of 06/14/00 581 Director Tierney asked the Board to make a recommendation that would in turn go to VDOT, as to where they would like to see this realignment go. Supervisor Sager asked if this would be a four lane road. Director Tierney replied at least. Supervisor Reyes asked about what kind of impact this would have on the businesses presently located there, sueh as Harley Davidson and Big Lots. Supervisor Orndoff asked how many businesses would be affeeted on Interstate 81. Director Tierney replied three. Supervisor Douglas inquired as to the location of Route 37 on the maps that were being used to show the possible locations ofthe realignment of Route 522. Ken Kisner, representing the loeal Moose Lodge, appeared before the Board on their behalf. He explained to the Board that the Moose Lodge had purchased a 10 and 5 acre tract with plans to eventually build a loeal Moose Lodge. He further explained that a million dollars will be spent on the property, and asked the Board for some consideration on where the road would go. Richard Diek, one of the partners of Frederick Group, appeared before the Board and explained that 92 acres was purchased by the Frederick Group fifteen years ago. He further explained they are in favor of the Ryco Lane Plan as has been shown. Director Renny Manuel, with the Winchester Regional Airport, appeared before the Board to explain her conversations with FAA concerning this plan, and the close proximity ofthis property with the airport. Chairman Shickle inquired as to when this road would be in place. Resident Engineer with the Virginia Department of Highways Jerry Copp, appeared before the Board and explained that five to seven years would be their best guess, based on what they know at this time. Chairman Shickle asked if anyone had heard from the property owners on Ryco Lane. Director Tierney replied that Harley Davidson is the only one that he was aware of. Chairman Shickle stated that he wanted to hear from the property owners. Director Tierney stated that his department could mail the information to the property owners. Steve Hake, member of local Moose Lodge, appeared before the Board requesting an early Minute Book Number 26 Board of Supervisors Meeting of 06/14/00 562 resolution to this matter, as he feels this would be in the best interest of everyone. Upon motion made by Supervisor Smith, seconded by Supervisor Sager, Plan Al and A2 to be forwarded to VDOT for further study and Plan B will be eliminated as a possibility. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye COMMITTEE REPORTS EMERGENCY COMMUNICATIONS COMMISSION REPORT - APPROVED UNDER CONSENT AGENDA The Frederick County Emergency Communications Commission met Monday, May 23, 2000 at 5:00 p.m. The following Commission members were present: Chairman Robert Sager, Sheriff Robert Williamson, Steve Eells, President of Fire and Rescue, Don Jackson. Also present were Public Safety Communications Director John Webb, Director of Fire and Rescue Gary DuBrueler, and County Administrator John R. Riley, Jr., Steve Garner and Ned Monroe with Motorola, and Steve Cuccio, Jr. with Oakwood Electronics. The following items were discussed: ***Items Not requiring Action*** 1. Communications Director's Report A. Communications Equipment Two representatives from Motorola attended the meeting to answer the technical questions being asked by the Commission and to review options that would be available. The Sheriff requested that since his department is approximately ten years from having mobile data, that the Commission focus on fixing the existing system instead of purchasing a new one. A Motion was made by the Sheriff and seconded by John R. Riley. Motorola will be doing a field Coverage Propagation Study Map. The approximate cost for the study will be less than $10,000. B. Old Business Valley Two-Way is unable to locate a "wild card" at this time for the North Mountain site. They will be contacting Motorola to see if they have one available, if they cannot locate one they will try to modify an existing card. C. Next Meeting The Commission decided the next meeting will be scheduled when the information is received from Motorola. LANDFILL OVERSITE COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Landfill Oversight Committee met on Thursday, May 25,2000, at 8:00 a.m. in the first Minute Book Number 26 Board of Supervisors Meeting of 06/14/00 563 floor conference room at the Frederick County Administration Building. All committee members were present except Mike Noel and David Ash. The following issues were discussed: 1) Project Uudate a. Expansion ofConstructionJDemolition Debris (CDD) Landfill: The construction of the CDD Landfill is on schedule for completion on or before July 31, 2000. b. Active Gas Recovery System: Organic Waste Technologies, Inc., who was awarded a contract for the installation ofthe collection piping and a sophisticated flare station to bum off unused gas has completed the underground collection system. We anticipate completion ofthe project on or before June 30, 2000. 2) A~reement with Clarke County: A draft agreement between Clarke County, Frederick County and the City of Winchester was presented by Mr. Bob Mitchell, Jr for the development of the Riley property. Previously, the committee had taken issue to titling the property in the name of Clarke County. The revised draft agreement was amended to include Clarke County, Frederick County and the City of Winchester as the title holders. (Attachment 1) The issue of "Dwelling Unit Rights" (DUR) was discussed at length. The draft agreement indicates a reduction of nine (9) DUR's to three (3) DUR's. After a lengthy discussion, a motion was made by John R. Riley, Jr. and seconded by Craig Sewell to endorse the agreement as written and forward to the respective jurisdictions for their approval. The endorsement was subject to the approval of a special use permit by Clarke County. The motion was unanimously approved. PUBLIC WORKS COMMITTEE REPORT The Public Works Committee met on Tuesday, May 30,2000, at 8:00 a.m. All members were present except for Jim Vickers. The following items were discussed: ***Items Requiring Action*** 1. Transfer ReQuest to Comulete the New Comuactor Site at Round Hill- Auuroved The Director of Public Works requested a transfer in the amount of $40,000 from line item 10-4203-3010-00 - Other Contractual Services to line item 10-4203-7900-00 - Improvements Other Than Buildings to complete the new Round Hill compactor site. No additional funds will be required. (Attachment 1) A motion was made by W. Harrington Smith, Jr. and seconded by George Ludwig to approve the request. The motion was unanimously approved by the committee. Upon motion made by Supervisor Orndoff, 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 - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Minute Book Number 26 Board of Supervisors Meeting of 06/14/00 564 2. Desi!w Prouosal for Renovation of the Old County Courthouse - ADDroved The Director of Public Works presented a proposal from Reader & Swartz Architects, P.c. for the renovation design of the old County Courthouse to accommodate a Civil War museum. Basically, the proposal includes architectural, structural, mechanical and electrical design services. The design fee will be $48,750 excluding construction administration. The total cost including construction administration will be $63,350. (Attachment 2) A motion was made by George Ludwig and seconded by Tom Offutt to accept the proposal with construction administration in the amount of$63,350. The motion was unanimously approved by the committee. 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 3. Al!reement with Clarke County for the use of the Rilev Farm for Soil Extraction - Approved A draft agreement describing the requirements associated with the mining of clay and other soil materials at the Riley farm was presented for the committee's consideration. The agreement is between Clarke County, Frederick County and the City of Winchester and describes the requirements imposed by Clarke County for the use and development of the Riley property. This agreement had previously been endorsed by the landfill oversight committee during a meeting held on May 25, 2000. (Attachment 3) A motion was made by Tom Offutt and seconded by George Ludwig to approve the agreement as submitted. The motion was unanimously approved by the committee. 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. Miscellaneous Reuorts a. Tonnage Report (see Attachment 4) b. Recycling Report (see Attachment 5) c. Animal Shelter Dog Report (see Attachment 6) d. Animal Shelter Cat Report (see Attachment 7) REOUEST FOR TRANSFER OF FUNDS TO BALANCE LINE ITEM 12-4204-3010- 01 (TIRE GRINDING) - APPROVED Minute Book Number 26 Board of Supervisors Meeting of 06/14/00 565 This request is for a transfer of$50,000 from 12-4204-5806 (Reserve for Contingencies) to 12-4204-3010-01 (Tire Grinding). This is the line item for costs related to grinding tires by the Lord Fairfax Planning District Commission. Costs are offset by equal revenue reimbursement. No local funds are required. 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 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: 9:10 P.M.) "- "- ~ C-9- Q 0.. 1<.- Richard C. Shickle Chairman, Board of Supervisors Minutes Prepared By: &~.cJ I'~'f~ Carol T. Bayliss Deputy Clerk, Board of Supervisors Minute Book Number 26 Board of Supervisors Meeting of 06/14/00