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HomeMy WebLinkAboutJanuary 13, 1999 Regular Meeting 12 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, January 13, 1999, at 7:15 p.m., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. An Executive Session was held at 5:30 p.m. PRESENT Chairman James 1. Longerbeam; Vice Chairman Richard C. Shickle; Charles W. Orndoff, Sr.; W. Harrington Smith, Jr.; Robert M. Sager; and Margaret B. Douglas. CALL TO ORDER The Chairman called the meeting to order. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the Board retired into executive session in accordance with the Code of Virginia, 1950, as amended, Section 2.1-344, Subsection A, (1), (3), (5) and (7) to discuss Personnel, Acquisition and Disposition of Real Estate, Economic Development Industrial Prospect and Legal Issues. The above motion was approved by the following recorded vote: James 1. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye Ms. Charlotte Eller, Reporter with the Northern Virginia Daily advised that she would like to raise objection to the Board going into executive session under Subsection A (5) Economic Development - Discussion of an Industrial Prospect for the following reason: Ms. Eller - If your discussion of industrial prospects deals with Hood, we don't believe that it is the (* ---) one because it has already announced its intent to locate in the area, and several public officials have already commented publicly on it. County Administrator John Riley, Jr. responded to Ms. Eller's statement - If the Northern Virginia Daily will read its paper it will note that Hood has announced its intent to consider various sites in Virginia, West Virginia, Maryland and Pennsylvania. Chairman Longerbeam - And your objection is duly noted. The above motion was approved by the following recorded vote: James 1. Longerbeam - Aye 121 W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye tape. ) (* There are one or two words that I could not clearly determine what they were from the BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the Board withdrew from executive session. The above motion was approved by the following recorded vote: James 1. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - 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 executive session was discussed. The above motion was approved by the following recorded vote: James 1. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye BOARD AUTHORIZES PURCHASE OF SEVENTEEN ACRES FROM KENNETH AND THERESA KOVACH. AT $3500 PER ACRE FOR LAND ADJACENT TO THE FREDERICK COUNTY LANDFILL Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith the Board approved the purchase of seventeen acres from Kenneth and Theresa Kovach at a cost of $3 500 per acre for land adjacent to the Frederick County Landfill. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye APPROVAL GIVEN TO FILL INDUSTRY COORDINATOR POSITION IN THE 12 OFFICE OF ECONOMIC DEVELOPMENT SOON TO BE VACATED Upon motion made by Supervisor Douglas, seconded by Supervisor Sager, the position of Industry Coordinator within the Economic Development Office, that will soon be vacated, is approved to be filled. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye INVOCATION The invocation was delivered by Supervisor Sager in absence of a minister. ADOPTION OF AGENDA Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the agenda was adopted as presented by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye CONSENT AGENDA County Administrator John Riley suggested the following tabs for approval under consent agenda: 1. Resolution Re: Changes in the Secondary system Due to relocation and Construction on Route 522 - Tab G; 2. Parks and Recreation Commission Report - Tab Q; 3. Landfill Oversite Committee Report - Tab R; 4. Code and Ordinance Committee Report - Tab S; 5. Law Enforcement and Courts Committee - Tab T Upon motion made by Supervisor Sager, seconded by Supervisor Orndoff, the consent agenda was approved as presented above by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 123 CITIZEN COMMENTS Catherine Whitesell, Back Creek District, addressed the area of historic land within the county and the fact that public works projects should not be located on this property. Bessie Solenberger, Back Creek District, read a letter from Dr. Grandon Beck opposing the site that has been selected by the Sanitation Authority for their construction of a water tank. Robert Solenberger, Back Creek District, President of Fruit Hill Orchard referred to the cost figure submitted by the Sanitation Authority for the alternate site of $324,000 and the fact that the condemnation cost is not included in this figure. He does not feel that the Sanitation Authority members, nor the staff, have considered the actual "visual site" of this tank location. Chairman Longerbeam asked Mr. Solenberger to outline the plans that have been made public concerning the 100 acre park that he has proposed. Harold Kittell, Director of Winchester Regional Preservation Office of the Department of Historic Resources advised the Board ofthe funds that are brought into this area through tourism that is a direct result of the many historic sites located within this area. Kenny Stiles, Stonewall District, feels the alternate site is the only location for this water tower and that the county should bend over backwards to do whatever is necessary in order that this water tank be moved to that site. Dr. David Powers, local historian, referred to the TEA-21 Grant and the avenues that are being pursued to purchase the Grim Property and it is hopeful that this goal, of so many will be successful in the end, and he feels what is being proposed by the Solenbergers would add to the cause. Jerry Smith, Back Creek District, expressed his feelings about trying to make things simple for everyone involved. Sam Lehman, Back Creek District, addressed the audit reports and monies that had been advanced to the Sanitation Authority from the county. John Perona, Back Creek District, was puzzled as to why a citizen would have to appear before the Board to make this request. He also feels the Sanitation Authority should have exercised better judgement in this matter. MINUTES Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith, the minutes of the regular meeting of November 10, 1998 were approved as presented by the following recorded vote: 124 James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith, the minutes ofthe regular meeting of December 9, 1998 were approved as submitted by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye ORGANIZATION OF THE BOARD OF SUPERVISORS - PURSUANT TO STATE LAW. THE BOARD IS REOUIRED TO ORGANIZE ITS FUNCTIONS AT ITS FIRST MEETING IN JANUARY TO INCLUDE THE FOLLOWING: Election of Vice-Chairman Supervisor Orndoff nominated Supervisor Shickle to serve as Vice Chairman. There were no other nominations. Supervisor Sager seconded the nomination of Supervisor Shickle. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Abstained Charles W. Orndoff, Sr. - Aye Selection of Time and Place of Meeting Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the second and forth Wednesdays of each month, at 7: 15 p.m., in the Frederick County Administration Building, 107 North Kent Street, Winchester, Virginia as the time and meeting place for the Frederick County Board of Supervisors for 1999. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye Adoption of Rules of Order Upon motion made by Supervisor Sager, seconded by Supervisor Smith, Robert's Rules of Order, the long version, is hereby adopted as the Rules of Order for the Board of Supervisors for 125 1999. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shiclde - Aye Charles W. Orndoff, Sr. - Aye Appointment of Parliamentarian Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, John R. Riley, Jr., County Administrator was appointed Parliamentarian for all Board of Supervisors' meetings held for 1999. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye Board Appointments to Various Boards. Commissions and Committees Chairman of the Board of Supervisors, James L. Longerbeam, presented these appointments: James L. Longerbeam: Finance Committee, Industrial Development Authority and Joint Finance Committee. W. Harrington Smith. Jr.: Chairman of the Finance Committee; Public Works Committee; Personnel Committee; Joint Finance Committee; and Sanitation Authority Liaison. Robert M. Sager: Chairman of the Law Enforcement & Courts Committee; Code and Ordinance Committee; Social Services Board; Transportation Committee; and Planning Commission Liaison. Margaret B. Douglas: Chairman ofthe Personnel Committee; Law Enforcement & Courts Committee; Parks & Recreation Commission; and Handley Regional Library Board Liaison. Richard C. Shickle: Chairman of the Code & Ordinance Committee; Finance Committee; and Fire and Rescue Association Liaison. Charles W. Orndoff. Sr.: Chairman of the Public Works Committee; Agricultural Stabilization Commission (A.S.C.) Liaison; Agricultural District Advisory Board Liaison; and the Extension Leadership Council Liaison. Reappointment/Appointment of Citizens to Various County Boards. Commissions and Committees: The following committee appointments were made: Code and Ordinance Stephen G. Butler Michael Bryan 126 Finance Anita Shull Jim Allmendinger Ron Hottle C. William Orndoff, Jr., Treasurer, Non-Voting Liaison Law Enforcement and Courts Committee Larry P. Coverstone James L. Hockman Vickie Wilkins Donald S. Jackson Personnel Committee Margaret B. Douglas Robin Damico Susie Pontiff Public Works Committee George H. Ludwig James T. Wilson Thomas J. Offutt, Jr. James T. Vickers DEED OF GIFT FROM TOP OF VIRGINIA DEVELOPMENT CORPORATION - APPROVED This Deed of Gift, made and dated this 18th day of December 1998, by and between Too of Vi~inia Development Corporation. a Virginia corporation, hereinafter called the Grantor, and Frederick County. a Virginia corporation, hereinafter called the Grantee. WITNESSETH: The Grantor does hereby give, grant and convey, with General Warranty and English covenants of title unto the Grantee, in fee simple, all the following described real estate, without any improvements: All that certain land in Opequon District, Frederick County, Virginia, designated as LOT 35, FREDERICKTOWNE ESTATES, Section 2, on that certain plat of survey dated by P. Duane Brown, L.S., of record in the Clerk's Office of the Circuit Court of Frederick County with the Revised Plat of Subdivision in Deed Book 742 at page 152; AND BEING a portion of the property conveyed to the Grantor herein from Lewis M. Costello, et ai, by deed dated March 3, 1989, of record in said clerk's office in Deed Book 742 at page 149. Reference is hereby made to the aforesaid instruments and the attachments and the references therein contained for a more particular description of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. WITNESS the following signature and seal: 127 DAVID B. HOLLIDAY, President Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the DEED OF GIFT from Top of Virginia Development Corporation as spelled out above was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye LEASE BETWEEN FREDERICK COUNTY BOARD OF SUPERVISORS AND FREDERICK-WINCHESTER SERVICE AUTHORITY - APPROVED This lease is for office space on the first floor ofthe County Administration Building, located at 107 North Kent Street. (A copy of the entire lease is on file in the Office of the County Administrator). Upon motion made by Supervisor Shickle, seconded by Supervisor Smith, the lease between Frederick County Board of Supervisors and Frederick-Winchester Service Authority was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sf. - Aye REOUEST TO HOUSE THE FORT LOUDOUN EXHmIT IN THE MAIN ENTRANCE LOBBY OF THE COUNTY ADMINISTRATION BUILDING - APPROVED Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the Fort Loudoun Exhibit, (formerly housed in the George Washington's Headquarter Museum) that has been given to the Board on permanent loan will be placed in the lobby of the County Administration Building. Mark LeMasters with the county planning department will be overseeing this project. He explained that he had received a price from George Lawrence of Museum Acrylics Company for a 5'x5'x36 display case for a price of$1476.00. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas. Aye Robert M. Sager - Aye Richard C. Shickle - Aye . "_ "---_.,___.~_.. ._._~__ __..0 .____~_____~___________. ._____.._". ____ ____ ____ . 128 Charles W. Orndoff, Sf. - Aye RESOLUTION (#025-99) RE: CHANGES IN THE SECONDARY SYSTEM DUE TO RELOCATION AND CONSTRUCTION ON ROUTE 522 - APPROVED UNDER CONSENT AGENDA RESOLUTION CHANGES IN THE SECONDARY SYSTEM DUE TO RELOCATION AND CONSTRUCTION ON ROUTE 522, PROJECT #0522-034-Vll, C501 WHEREAS, the Virginia Department of Transportation has provided this board with a sketch dated August 31, 1998 depicting required changes in the Secondary System of State Highways, which sketch entitled Changes in the Primary and Secondary System Due to Relocation and Construction on Route 522, Project: 0522-034-Vll, C501, is hereby incorporated herein by reference; and, WHEREAS, a new road now serves the same citizens as those portions of old road identified to be abandoned and those portions to be abandoned no longer serve a public need. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does hereby abandon from the Secondary System of Highways those portions of Route 778 identified as Section 2 of the aforementioned sketch, and Route 776 identified as Section 5 of the aforementioned sketch, and Route F-227 identified as Section 8 of the aforementioned sketch, pursuant to 33.1-155 of the Code of Virginia, 1950, as amended; and, BE IT FURTHER RESOLVED, that the Frederick County Board of Supervisors requests the Virginia Department of Transportation add to the Secondary System of Highways those portions identified as Section 3 of Route 778, Section 6 of Route 776, and Section 4 of Route F-227 aforementioned sketch, pursuant to 33.1-229 of the Code of Virginia, 1950, as amended; and, BE IT FINALLY RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ADOPTED this 13th day ofJanuary 1999. RESOLUTION (#026-99) REGARDING SUPPORT FOR WINCHESTER- FREDERICK FOREIGN TRADE ZONE APPLICATION - APPROVED Director of Economic Development June Wilmot presented this request to the Board. Supervisor Shickle asked various questions concerning this request. WHEREAS, economic development initiatives have expanded employment in Winchester- Frederick County by 75% since 1980; and WHEREAS, an unusually high percentage of the region's employment is manufacturing, distribution and other sectors related to foreign trade; and WHEREAS, to sustain this economic progress the Winchester-Frederick County area needs to provide a full range of international infrastructure for its employers; WHEREAS, the Winchester-Frederick County Economic Development Commission's formally adopted Economic Development Strategy as revised January 14, 1998 makes the provision of general purpose foreign trade zone services in the immediate area a priority activity; NOW, THEREFORE, LET IT BE RESOLVED, that the County of Frederick hereby makes known its desire and intent to support the creation of a general purpose zones association with Foreign Trade Zone #137 at locations generally at the Fort Collier Industrial Park, Jouan Global Center, and the Airport area to include Westview Business Centre, Airport Business Center, Pegagus 129 Center, and the Aero Centre Business Park; and BE IT FURmER RESOLVED, that the county requests the Economic Development Commission, the Grantee for FTZ#137, and the Foreign Trade Zones Board of the United States Department of Commerce to work with all speed in order to obtain this general purpose zone classification for employers and future employers located in these areas. Upon motion made by Supervisor Douglas, seconded by Supervisor Sager, the following resolution was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shiclde - Nay Charles W. Orndoff, Sr. - Aye ALTERNATE SITE COST FOR NORTHWEST WATER STORAGE TANK - MEETING TO BE SCHEDULED BETWEEN mE BOARD OF SUPERVISORS AND mE SANITATION AUmORITY - THIS ITEM TO BE HEARD AT mE JANUARY 27. 1999 BOARD MEETING PLANNING COMMISSION BUSINESS: PUBLIC HEARING TEA-21 (TRANSPORTATION EOUITY ACT) ENHANCEMENT PROJECT FUNDING PROPOSAL. TO ESTABLISH A JOINT TEA-21 ENHANCEMENT PROJECT FOR FREDERICK COUNTY AND THE CITY OF WINCHESTER AND TO ASSIST WITH THE ACOUISmON OF THE REMAINDER OF THE HISTORIC KERNSTOWN BATTLEFIELD SITE. mIS TEA-21 ENHANCEMENT PROJECT IS A CONTINUANCE OF THE GRANT APPLICATION WHICH W AS SUCCESSFUL IN SECURING FUNDS TO ACOUIRE A PORTION OF THE KERNSTOWN BA TTLEFIELD. COMPLETEACOUISITION OF THE KERNSTOWN BATTLEFIELD SITE - APPROVED Planner II Mike Ruddy, presented this request to the Board advising that Frederick County and the City of Winchester plan to submit an application for a joint TEA-21 Enhancement Project to assist further with the acquisition of the remainder of the historic Kernstown Battlefield site. This TEA-21 Enhancement Project request is in the amount of$I,OOO,OOO and is a continuance of the two previous ISTEA grant applications that were successful in securing funds to acquire a portion of the Kernstown Battlefield and that no additional local funds are required for this application. Kenny Stiles, Stonewall District, advised the Board that he endorses this application and further that he feels there are certain issues dealing with the Kernstown Battlefield that need to be resolved. He feels the county together with the City of Winchester need to commit to an additional half million dollars, ($125,000 each) in order that this be resolved. He further advised that due to the way the estate was left, the students of Frederick County are the losers the longer this matter continues to be drug out. Upon motion made by Supervisor Douglas, seconded by Supervisor Smith, the above 130 application was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARING - CONDITIONAL USE PERMIT #009-98 OF NORRIS AND KATHLEEN WESTOVER. FOR A COTTAGE OCCUPATION TO OPERATE A CERTIFIED PUBLIC ACCOUNTING BUSINESS. THIS PROPERTY IS LOCATED AT 1721 WARDENSVILLE GRADE (ROUTE 608). AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 50-A-51 IN THE BACK CREEK MAGISTERIAL DISTRICT - APPROVED Planner II Chris Mohn, presented this request to the Board advising that staff and planning commission recommended approval with conditions. There was no public input. The above conditional use permit was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sf. - Aye PUBLIC HEARING - CONDITIONAL USE PERMIT #008-98 OF MEADE'S FAMILY DAY HOME. SUBMITTED BY WINONA M. CLARK. FORA DAY CARE FACILITY. THIS PROPERTY IS LOCATED AT 150 TWINE LANE. AND IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 26-A-34A IN THE GAINESBORO MAGISTERIAL DISTRICT - APPROVED Zoning Administrator Eric Lawrence, presented this request to the Board advising that staff and planning commission recommended approval with conditions. There was no public input. Upon motion made by Supervisor Shickle, seconded by Supervisor Sager, conditional use permit #008-98 was approved as presented by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye MASTER DEVELOPMENT PLAN - WILLOW BRANCH #006-98 - APPROVED Chairman Longerbeam along with Supervisor Shickle abstained from any discussion or voting on this request due to a possible conflict of interest. 131 Assistant Planning Director Evan Wyatt presented this request to the Board. Upon motion made by Supervisor Douglas seconded by Supervisor Sager, Master Development Plan #006-98 for Willow Branch was approved as presented by the following recorded vote: James L. Longerbeam - Abstained W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shiclde - Abstained Charles W. Orndoff, Sr. - Aye MASTER DEVELOPMENT PLAN #005-98 FOR DAWSON INDUSTRIAL PARK- APPROVED Assistant Planning Director Evan Wyatt presented this request to the Board. Upon motion made by Supervisor Douglas, seconded by Supervisor Smith, Master Development Plan #005-98 for Dawson Industrial Park was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shiclde - Aye Charles W. Orndoff, Sr. - Aye CAPITAL IMPROVEMENTS PLAN FOR 1999-2000 - RECEIVED AS INFORMATION FOR DISCUSSION PURPOSES ONLY Assistant Planning Director Evan Wyatt presented this plan to the Board. Supervisor Shickle inquired about Warrior Drive. Mr. Wyatt explained that would not appear in this report as it is part of the Comprehensive Plan. Supervisor Shiclde inquired also about the construction of the next county elementary school and whether that date has been established. Assistant Superintendent Tom Sullivan explained that would be determined once the land has been acquired. FISCAL IMPACT MODEL UPDATE Zoning Administrator Eric Lawrence presented this request to the Board and noted that this plan has been updated and modified to more accurately project fiscal impacts on capital facilities the County may incur based on a proposed rezoning. He advised that this plan had received endorsement from the Top of Virginia. He further advised that the County Fire and Rescue Association had recently discussed this impact model update and felt comfortable with the update model results. ,132 Supervisor Shickle stated that it was his understanding that this is information received by the Board, but it has not been implemented. Chairman Longerbeam asked if this was scheduled for a public hearing. Administrator Riley replied no. Chairman Longerbeam asked about those that may want to comment on this plan. Following further discussion Supervisor Shickle moved and Supervisor Sager seconded the motion, to schedule this plan for public hearing. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye PARKS AND RECREATION COMMISSION REPORT FOR MEETING OF NOVEMBER 24. 1998 - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on November 24, 1998. Members present were: Robert Roper, Charles Sandy, Robert Hartman, Jane Vickers, Cheryl Swartz, Steven Spitzer, Margaret Douglas. Submitted for Board Information Only: 1. Fees and Charges Committee Report - Mr. Roper moved to accept the 1999-00 fees and charges for the Department, seconded by Mr. Spitzer, carried unanimously. 2. 1999-00 Budget Request - Mr. Hartman moved to approve the 1990-00 operating budget, seconded by Mr. Roper, carried unanimously. Mr. Spitzer moved that a supplemental request of$20,000 for revision of the Department's master development plan at Sherando Park be included with the operating budget request, seconded by Mr. Hartman, carried unanimously. Mrs. Vickers moved to approve the 1990-00 capital budget request, seconded by Mrs. Swartz. The motion failed by the following vote: Ayes - Spitzer; Nays - Roper, Sandy, Hartman, Vickers, Swartz. Mr. Roper moved to accept the 1999-00 capital budget less $600,000 to renovate the sports lighting system at Clearbrook and Sherando Parks and $10,000 for renovation of the fitness course at Sherando Park, seconded by Mrs. Vickers. Motion carried by the following vote: Aye - Roper, Sandy, Hartman, Vickers, Swartz. Nay - Spitzer. LANDFILL OVERSITE COMMITTEE REPORT FOR MEETING ON DECEMBER 17.1998 - APPROVED UNDER CONSENT AGENDA The landfill oversight committee met on Thursday December 17, 1998, at 8: 00 a.m. in the first floor conference room at the Frederick County Administration Building. Present were committee members Craig Sewell, Gary Lofton, Mike Noel, Charles W. Orndoff, Sr., Jim Wilson, John R. Riley, Jr., and staff members Director of Public Works, Harvey E. Strawsnyder, Jr., P.E., Landfill Manager, Steve Frye, and Environmental Technician, Ron Kimble. 133 A minor adjustment was made to the Fiscal Year 1999/2000 landfill budget to accommodate projected increases in data processing costs. A similar decrease was made to the reserve for contingency line item resulting in a status quo budget of$4,481,551 as previously presented in the November 1998 meeting. Executive Session An executive session was convened to discuss the acquisition and disposition of property for the landfill. The results of these discussions will be submitted to each jurisdiction for their review and resolution. A resolution will be required from each jurisdiction before action can be taken on the acquisition of property. CODE AND ORDINANCE COMMITTEE REPORT FOR MEETING OF DECEMBER 16. 1998 The Code & Ordinance Committee met on Wednesday, December 16, 1998 at 4:00 P.M. in the Executive Session Room of the County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were chairman of the committee Richard C. Shickle, Stephen G. Butler, and Michael L. Bryan. Also present were County Attorney Lawrence R. Ambrogi, Planning Director Kris Tierney, Zoning Administrator Eric Lawrence, Sheriff Robert Williamson, County Administrator John R. Riley, Jr., and Assistant County Administrator Lauren G. Carrier. Supervisor Robert M. Sager was unable to attend. The committee submits the following: Items Not Requiring Action: 1. Discussion of Frederick County Code. Chanter 48. Animals and Fowl: Article II. Noise: Section 48-23. Unreasonable Noise Unlawful. (See Attachment A) The County Administrator presented a request from a citizen to replace the term residential subdivision with residential neighborhood so as to include all areas where residents live in close proximity to one another. The committee discussed the Code, which was written with the specificity of residential subdivision in mind, and addressed the issue of not encroaching farming and rural areas. The committee recommended that the Code remain as written, and also that the issue raised in the correspondence from Mr. Groundwater, concerning the possibility of an illegal kennel operation, be investigated. 2. Discussion of Pro nosed Tall Grass Ordinance. (See Attachment B) The County Administrator presented the existing Tall Grass Ordinance and proposed that under it, the tall grass complaints be met with a directive that the violators cut their grass. If the grass is not cut, the county will cut it and bill the violators by adding the cost to their tax bill. The process is proposed to be handled through the Planning Department. The committee discussed the proposed addition, and felt that it should apply to RP zoned and platted subdivisions only. The committee recommended staff draft the ordinance, including any other such restrictions as appropriate, and bring it for review and approval for their next meeting. 3. Such Other Business As Mav Come Before the Committee The committee questioned the status of the Vicious Dog Ordinance. Mr. Riley explained that the ordinance had been inadvertently omitted from the Frederick County Code while in print but that it is still in effect. The committee recommended that the Vicious Dog Ordinance be reinserted into the Code. Note: After investigation it was found that the ordinance had not been deleted from the Code. (See Attachment C) LAW ENFORCEMENT AND COURTS COMMITTEE REPORT FOR MEETING OF DECEMBER 21. 1998 The Law Enforcement & Courts Committee met on Monday, December 21, 1998, 4:00 P.M. in the First Floor Conference Room of the County Administration Building, 107 North Kent Street, J3.4 Winchester, Virginia. Present were committee members Margaret B. Douglas, Larry P. Coverstone, Vickie Wilkins, Donald S. Jackson, and James L. Hockman. Also present were Major Alvin Johnson, County Administrator John R. Riley, and Assistant County Administrator Lauren G. Carrier. Chairman of the Committee Robert M. Sager was unable to attend. The committee submits the following: Items Not Requiring Action: 1. Review of Sheriffs Department 1999-2000 Bud!!et. (See Attachment A) Major Johnson presented the 1999-2000 SherifI's Department Budget for review. He explained that the budget increase is not due to any new programs, but to salaries reflecting the Board of Supervisors action at their last meeting. Mr. Riley stated that personnel issues have been the topic of past discussion amongst the committee and that the raised salary scale should lead to success in recruitment and retention. The committee recommended unanimously that the budget be processed as received. 2. Discussion of a Parkin!! Enforcement Specialist Team. (See Attachment B) Ms. Carrier presented a request from Access Independence to implement a program of volunteer enforcers of handicapped accessible parking based on the program in Virginia Beach, and also presented some points for consideration before drafting of such a program can occur. The committee reviewed the program and the points for consideration, and specifically focused on the issue of drafting a county parking ordinance to allow for the Sheriffs Department to issue summonses to vehicles as well as to persons. The committee recognized that the addition of such Code would give the Sheriffs Department (and the Fire Marshall) the ability to enforce not only handicapped accessible parking but fire lanes as well, thus recommended that staff draft a county parking ordinance for law enforcement officials for review at their next meeting. The committee also recommended that this Code be implemented prior to the consideration of the P.E.S.T. Program to ascertain whether such a citizens initiative is needed. MAYOR OF WINCHESTER LARRY OMPS APPEARS BEFORE BOARD TO THANK BOARD AND COUNTY CITIZENS FOR THEIR ASSISTANCE DURING THE RECENT WATER CRISIS BOARD OF SUPERVISORS COMMENTS Supervisor Shickle explained that he felt that additional discussion was needed concerning the Grim Property and Kernstown Battlefield site, especially in light of the fact that Federal Funding could disappear. He feels there are county citizens that could help to move this project along, and that it is time for the county to be more active. Chairman Longerbeam asked Mr. Riley to get all the players together and arrange a meeting. 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. 135 James L. Longerb am Chairman, Board of Supervisors Minutes Prepared By: (l , - -== iuJ' C),.A> (! {. ~<... ..,/ Carol T. Bayliss ' Deputy Clerk, Board of Supervisors