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HomeMy WebLinkAboutFebruary 09, 1999 Regular Meeting 149 A Regular Meeting of the Frederick County Board of Supervisors was held on Tuesday, February 9, 1999, at 7: 15 p.m., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman James L. Longerbeam; Vice Chairman Richard C. ShicIde; Charles W. Orndoff, Sf.; W. Harrington Smith, Jr.; Robert M. Sager; and Margaret B. Douglas. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by Supervisor Sager in absence of a minister. ADOPTION OF AGENDA County Administrator Riley stated that he had a budget matter to bring to the Board's attention. Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the agenda was approved as amended 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 Riley suggested the following tabs for approval under the consent agenda: 1. Approve settlement Suit with Shenandoah Publishing House, Inc.(Northern Virginia Daily). - Tab C; 2. Road Resolutions: - Tab J; a.. Tibow, LLC (Wythe Avenue Subdivision) b. Woodside Estates II 3. Parks and Recreation Commission Report - Tab K. Upon motion made by Supervisor Sager, seconded by Supervisor Shickle, the consent agenda was approved as noted 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 15 Charles W. Orndoff, Sr. - Aye CITIZEN COMMENTS Bob Pownell, Shawnee District, appeared before the Board with regard to recent information received by the Board wherein they were requested to hold off on making a final decision on the location of the water tank to be located in the northwestern part of the county by the Sanitation Authority. He felt perhaps this would be good for all concerned. MINUTES Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith, the minutes of the regular meeting ofJanuary 19, 1999 were 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 COUNTY OFFICIALS There were no committee appointments made at this time. CHARLIE WADE. DEPARTMENT OF CONSERVATION AND RECREATION'S WATERSHED MANAGER. ADDRESSED BOARD RE: UPDATE ON THE POTOMAC TRIBUTARY STRATEGY EFFORT Mr. Wade appeared before the Board at which time he addressed the update on the Potomac Tributary Strategy Efforts. A copy of had been provided to each Board member. He advised the Board that after their review of this report, should they have any questions, to please give him a call. SETTLEMENT SUIT WITH SHENANDOAH PUBLISHING HOUSE. INC. (NORTHERN VIRGINIA DAILY) - APPROVED UNDER CONSENT AGENDA This suit was the result of action taken by the Board and their executive session at the Board meeting of January 13, 1999.( A copy of this settlement is on file in the Office of the County Administrator). RESOLUTION (#030-99) AND MEMORANDUM OF UNDERSTANDING: RE: WORLD WIDE AUTOMOTIVE - APPROVED County Administrator Riley presented this resolution to the Board. BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia does hereby approve the payment of $50,000 to be designated to the Frederick County Industrial Development Authority from the Frederick County Economic Development Incentive Fund to assist in the site development for World Wide Automotive. BE IT RESOLVED, that said funds are subject to an executed Memorandum of Understanding outlining a performance criteria of the county. 151 BE IT FURTHER RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does authorize the county administrator to execute this document on its behalf. ADOPTED, this 9th day of February 1999. Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the above 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. ShickJe - Aye Charles W. Orndoff, Sr. - Aye AGREEMENT REACHED WITH COUNTY SANITATION AUTHORITY ON MOVING THE NORTHWEST WATER STORAGE TANK County Administrator Riley presented a letter received from Wellington Jones, Engineer Director of the Frederick County Sanitation Authority, wherein the Authority advised after lengthy discussion, that the Authority was not interested in deducting the amount necessary to relocate the Northwest Water Storage Tank from interest accumulated on loans from the County to the Authority. He further advised that following discussion of this option for funding the cost of relocating the tank, as well as several other variations of using interest and principal from the County's loan, it was not - approved by the Authority; however, the Authority did approve deducting the amount necessary for relocating the tank from the principal of the County loan. The amount being $324,546. Upon motion made by Supervisor Shickle, seconded by Supervisor Sager, the above proposal 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. ShickJe - Aye Charles W. Orndoff, Sr. - Aye DISCUSSION OF COUNTY/STATE AGREEMENT AND MEMORANDUM OF UNDERSTANDING FOR WARRIOR DRIVE - APPROVED County Administrator Riley presented this information to the Board wherein he referred to the memo presented in January to the Board explaining that the total expenditure for this project is $1,950,000. Supervisor Smith asked if all developers participated in this project. County Administrator Riley replied yes. Supervisor Shickle asked if funding is approved at this meeting when would the project start .15 and when would it be completed. Resident Engineer Jerry Copp, with the Virginia Department of Transportation, appeared before the Board and explained that decision rests with the county as state funding will be in place on July 1, 1999. Engineering Technician Joe Wilder appeared before the Board and advised that the design for the storm water has been completed, and should be forwarded to VDOT in a couple of months. Mr. Copp advised that in his opinion, Fall of2000 would be a good estimate for completion of this project. Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the County/State Agreement and Memorandum of Understanding for Warrior Drive 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 PLANNING COMMISSION BUSINESS: PUBLIC HEARING-FISCAL IMPACT MODEL-AUTHORIZE THE USE OF THE UPDATED FREDERICK COUNTY FISCAL IMPACT MODEL. THE MODEL IS UTILIZED BY THE COUNT IN REVIEWING LAND REZONING PROPOSALS: THE MODEL PROJECTS FISCAL IMPACTS TO CAPITAL FACILITIES (POSITIVE AND NEGATIVE) THAT MAYBE GENERA TED AS A RESULT OF A LAND REZONING. THE UPDATED MODEL INCLUDES MODIFICATIONS TO THE ANALYSIS OF IMPACTS TO ALL COUNTY FACILITIES. CURRENT COUNTY POPULATION. EMPLOYMENT. AND BUDGETARY FIGURES HAVE BEEN INCLUDED IN THE UPDATE. ACCEPTANCE OF THE UPDATED MODEL WOULD REPLACE THE CURRENT MODEL. - APPROVED AS AMENDED Zoning Administrator Eric Lawrence, appeared before the Board to explain that the Fiscal Impact Model (a.k.a. Rezoning Impact Model) has been updated and modified to more accurately project fiscal impacts on capital facilities the County may incur based on proposed rezoning. This model updating process began in mid-Spring when Mr. Phil Hammer ofRER Economic Consultants, Inc. was selected to conduct the update. Mr. Lawrence further explained that Mr. Hammer has met with the many County departments that were identified as being impacted by land rezonings. This model was expanded to include . projected fiscal impacts on such facilities as the library, Sheriff's Office, and administration facilities (Treasurer's office annex). 153 Mr. Lawrence explained that once the modifications were completed in August 1998, a meeting was held with representatives from the departments of Fire and Rescue, Finance, Parks and Recreation, and Schools, and on September 21, 1998 these departments indicated their approval of the model's update. In particular, the model addressed fiscal impact concerns with Parks and Recreation, Schools, and Fire and Rescue. Mr. Lawrence advised that the Top of Virginia Builders have suggested that this plan be reviewed every year. He advised the Board that staifis requesting them to adopt this model at this meeting and also set a date for this to be implemented and that the date of April 1, 1999 has been suggested. County Administrator Riley explained that his understanding of the new proffer would be as follows: $4800 - 100% - per unit and $4300 - 50% - per unit with the old amount being $15 per unit for Fire and Rescue. Board members discussed the formula that was being proposed and whether they felt comfortable with it. Supervisor Sager questioned the formula being presented with 100% going to Fire and Rescue and whether the schools and others were being slighted. Chairman Longerbeam clarified that this plan was for capital projects only. County Administrator Riley advised that this was a one time expenditure. Supervisor Orndoff asked whether this applied only to future rezonings. Planning Director Tierney replied only that property that would be rezoned in the future. Bob Pownell, Shawnee District, stated that he felt a higher increase is needed and that this amount needs to increase each year. Don Jackson, President of County Fire and Rescue Association, appeared before the Board and explained how the increase in county population would affect fire and rescue. Vaughan Foura, with Oakcrest Builders, advised the Board that he did not feel Top of Virginia could support 50% increase starting July I of this year, especially in light of the fact that the old model was 5 to 8%, and they do not agree with an increase of 5-10% automatically each year. They are ; however, in agreement with this policy being reviewed each year. Ritchie Wilkins, member of Top of Virginia Builders, appeared before the Board to express his opinion on this model update. 154 Supervisor Shickle asked about the state code and proffers and whether this only applied to subdivisions. Mr. Lawrence replied that was correct. Supervisor Shickle asked if this could be split up. Mr. Lawrence replied yes. Mr. Tierney explained that rezoning and proffers go hand and hand. Supervisor Shickle asked if this could be done in three sections. Board members discussed this model at great length with staff and amended somewhat the model that had been recommended to them as follows: (1.) The plan will be effective April 1, 1999, with an annual review in conjunction with the fiscal year. (2.) Fire and Rescue Companies will receive 100% fiscal impact funding. (3.) Parks and Recreation, along with schools to receive 50% impact funding. (4.) Staff update to be presented to Board in June 1999. Upon motion made by Supervisor Shickle, seconded by Supervisor Sager, the County Fiscal Impact Model was approved as amended 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 OTHER PLANNING ITEMS: 1-81 IMPROVEMENT STUDY FINAL REPORT UPDATE - RECEIVED AS INFORMA TION Planner II Michael Ruddy presented this report to the Board, and explained that several previously voiced concerns remain and some significant changes have been made subsequent to the final public meeting for this study, and further, that the information provided in the agenda identifies these concerns and changes. He further explained that the most significant area of concern remains Interchange 307 at Stephens City. In particular, the disconnection of Town Run Lane from Route 277 without maintaining a right-in-right-out movement. Supervisor Sager stated that he takes issue with exit 307 as he feels it is anti-business. He further stated that he did not feel the input that was provided by citizens against this plan was considered. He further explained from what he has been able to determine, the plan is just as it was 155 originally proposed for the most part. He addressed his concerns on how this would affect Route 277, and that the public was given a false impression on what could be expected if they voiced their objections to this plan at the meetings that were scheduled by VDOT. Supervisor Smith advised that he agreed with Supervisor Sager's comments. Chairman Longerbeam asked if any changes could in fact be made at this point. Jerry Copp, with VDOT, explained to the Board their options as far as what will take place once the formal design has been completed. He does feel that VDOT would be interested in hearing from the general public once this design is completed. Supervisor Shickle stated that he feels this plan, as presented, will have a definite fiscal impact on Frederick County. Chairman Longerbeam inquired of Mr. Copp if it was too early for Frederick County to launch their campaign. Mr. Copp replied not at all. Supervisor Shickle asked whether or not it would be feasible for the county to retain their own engmeers. County Administrator Riley advised the Board that he would be meeting with Delegate Sherwood and Ms. Welsh of the State Transportation Board to discuss this plan. MEMORANDUM OF UNDERSTANDING BETWEEN FREDERICK COUNTY. THE VIRGINIA DEPARTMENT OF TRANSPORTATION. THE FEDERAL HIGHWAY ADMINISTRATION. THE VIRGINIA STATE HISTORIC PRESERVATION OFFICER AND THE FEDERAL COUNCIL ON HISTORIC PRESERV A nON - RE: ROUTE37-APPROVED Planning Director Tierney presented this MOU to the Board advising them that the agreement sets out the steps that will be taken to minimize impacts to historic sites and/or properties that would be impacted by the construction of Route 37. The agreement ensures that Frederick County will have some say in the mitigation measures that are taken by VDOT in construction of Route 37. Execution of an agreement by all parties is required prior to approval of a Final Environmental Impact Statement for the project. The agreement has already been signed by VDOT, and the Department of Historic Resources has reviewed same. Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the MOU Re: Route 37 (copy on file in the Office of the County Administrator) was approved by the following recorded vote: James L. Longerbeam - Aye 156 W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shick\e - Aye Charles W. Orndoff, Sr. - Aye ROAD RESOLUTIONS - Tmow. LLC (WYTHE AVENUE SUBDIVISION) WOODSIDE ESTATES II - APPROVED UNDER CONSENT AGENDA RESOLUTION WHEREAS, the streets described on the attached Additions Form SR-5(A), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County, and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwatcr detention which applies to this request for addition, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to 33.1-229, Code of Virginia, and the Department's Subdivision Street Reauirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of- way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on January 19, 1999. Members present were: Charles Sandy, Robert Hartman, Jane Vickers, Steve Spitzer, Margaret Douglas. Submitted for Board Information Onlv: 1. Election of Officers - Mr. Sandy was elected Chairman by a vote of 3-0; Mr. Hockman was elected Vice-Chairman by a vote of 4-0. 2. Meetinv: Date and Time - The Commission will meet the third Tuesday of each month at 7:00 p.m. in the Executive Meeting Room, 107 North Kcnt. 3. Committee Appointments - Remain the same. Finance (Roper, Chairman, Swartz, Diehl); Public Relations (Spitzer, Chairman, Vickers, Vacchio) Capital Improvements/Buildings and Grounds (Hartman, Chairman, Hockman, Hott); Executive (Sandy, Hockman, Doran). 4. Standin~ Committee Reports (Public Relations) - Mr. Spitzer moved to accept the new program ideas presented by the committee, seconded by Mrs. Vickers, carried unanimously (4-0). CODE AND ORDINANCE COMMITTEE REPORT The Code & Ordinance Committee met on Monday, February 1, 1999, at 4:00 P.M., in the First Floor Conference Room of the County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were Supervisor Robert M. Sager, Stephen G. Butler, and Michael 157 L. Bryan. Also present were Assistant County Attorney Glen Williamson, Deputy County Treasurer R. Wayne Corbett, Zoning Administrator Eric Lawrence, Sheriff Robert Williamson, and County Administrator John R. Riley, Jr. Chairman Richard C. Shickle was unable to attend. The committee submits the following: ***Items Requiring Action*** 1. Discussion of Proposed Tall Grass Ordinance (See Attachment A) The Committee reviewed and amended the draft ordinance as submitted by staff and recommended to the Board of Supervisors that the proposed Tall Grass Ordinance be advertised for Public Hearing. (See Attachment B). Upon motion made by Supervisor Shickle, seconded by Supervisor Smith, the proposed Tall Grass Ordinance is to be advertised for Public Hearing as soon as scheduling permits. 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 2. Discussion of 158-13.C Transfer of License Code (See Attachment C) The Committee reviewed and amended the revised code as submitted by Deputy Treasurer R. Wayne Corbett and recommended to the Board of Supervisors that the amended Transfer of License Code be advertised for Public Hearing. (See Attachment D) Upon motion made by Supervisor Shickle, seconded by Supervisor Smith, the amended Transfer of License Code be advertised for Public Hearing as soon as scheduling permits. 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 PERSONNEL COMMITTEE REPORT - MEETfflG OF FEBRUARY 4. 1999 The Personnel Committee met on Thursday, February 4, 1999, with the following members present: Harrington Smith, Michael Foster, Robin Damico, Susie Pontiff, John R. Riley, Jr., Lauren Carrier and Ann Kelican. Margaret Douglas was absent. 1. Request from the Assistant County Administrator to Convert a Part-Time Maintenance Position to a Full-Time Position - Aooroved Assistant County Administrator Lauren Carrier appeared before the Committee and requested to convert a part-time maintenance position to a full-time position. Funds are available for transfer within the budget, no additional County funding is needed. The Committee recommends approval of this request. (See Attachment A) Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the above request 158 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 2. Reauest from the Reldonal Dru!! Task Force to Place Secretarial Position in the County's Personnel System - Approved Sheriff Bob Williamson appeared before the Committee and requested the secretarial position of the Regional Drug Task force be placed into the County's Personnel System. The Committee further recommended a 4.5% salary increase, retroactive to July 1, 1998. Sheriff Williamson advised funds are available within the Drug Task Force budget and no additional county funding is needed. The Committee recommends approval of this request. (See Attachment B) Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the above request 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 3. Reauest from the Parks and Recreation Director to Fill a Vacant Park Laborer II Position - Approved The Committee reviewed a memorandum from Jim Doran, Parks and Recreation Director to fill a vacant Park Laborer II position. This is a budgeted position and will not require additional funding. The Committee recommends approval of this request. (See Attachment C) Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the above request 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 4. Discussion of Salary Survey Preliminary Data The Committee reviewed the preliminary salary survey data and directed that the survey proceed. COUNTY ADMINISTRATOR ADVISES BOA RD OF HIS MEMORANDUM TO DEPARTMENT DIRECTORS AND CONSTITUTIONAL OFFICERS RE: SPENDING FREEZE In attempting to balance the Fiscal Year 1999-2000 budget it will be necessary to enact a spending freeze immediately. With this action in place it will allow us to budget a carry forward in the amount of$731,921. Based upon previous years' carry lorwards of unspent funds, this budgeted amount appears reasonable. 159 With this measure in place only those purchases necessary to carry on the day to day function of county government will be approved. All unnecessary travel will be curtailed and all county F&M mastercards will be returned to the Finance Department. If travel is necessary a credit card can be checked out through the Finance Department. All unnecessary spending that occurs is subject to being deducted from next year's budget. I have also asked staff to review spending requests for FY 99-00 again and to provide those reductions to me for review. This has been completed and I would ask that you contact my office starting Tuesday, February 16, 1999 to discuss same. With the Board's directive not to increase taxes in Fiscal Year 1999-2000, the previously mentioned action is necessary. This effort is not an unreasonable task and I know that all county departments will cooperate fully. As you mayor may not know, our goal this year is to maintain benefits and implement the pay and classification plan study for our employees. Please call me if you have any questions. Upon motion made by Supervisor Smith, seconded by Supervisor Smith, the Board endorsed the above memorandum addressing a county spending freeze. 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 OF SUPERVISORS COMMENTS There were no additional comments by the Board at this time. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the Board retired into executive session in accordance with the Code of Virginia, 1950, as amended, Section 2.1-344, Subsection A(3), ( 5), (6) and (7) to Discuss Acquisition and Disposition of Real Estate; Economic Development - Discussion of an Industrial Prospect; Investment of Public Funds Where Competition or Bargaining is Involved; and Legal Issues. 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 WITHDREW FROM EXECUTIVE SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the Board withdrew from executive session. The above motion was approved by the following recorded vote: 160 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 RECONVENED INTO REGULAR SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the Board reconvened into regular session and certified nothing other than what was noted as reason for going into executive session was discussed. 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 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. ames L. Long rbeam Chairman, Board of Supervisors Minutes Prepared By: ~~T $Q'-( k~<J) Carol T. Bayliss Deputy Clerk, Board of Supervisors