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HomeMy WebLinkAboutJuly 14, 1999 Regular Meeting 274 A Regular Meeting ofthe Frederick County Board of Supervisors was held on July 14, 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. Shickle; Charles W. Orndoff, Sr.; W. Harrington Smith, Jr.; Robert M. Sager; and Margaret B. Douglas. INVOCATION The invocation was delivered by the Reverend Kevin Wilson of St. Paul's AME Church. ADOPTION OF AGENDA County Administrator Riley advised that he had the two following items to be added to the agenda with concurrence of the Board. 1. Resolution Requesting that Frederick County be Declared a Drought Disaster County. 2. Request from Regional Jail Director for Approval to Fill Certain Positions at the Regional Jail. Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, 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. Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting Awarded to County Finance Department - Tab D; 2. Resolution Re: VRS Purchase of Prior Service Credit on Tax Deferred Basis - Tab E; 3. Road Resolutions for Fairlane Orchard Estates, Asbury Subdivision, Section II, and Carlisle Heights, Section IV - Tab Q; 4. Landfill Oversite Committee Report - Tab R Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith, the above tabs were approved under the consent agenda by the following recorded vote: James L. Longerbeam - Aye Board of Supervisors Meeting of 07/14/99 275 W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sf. - Aye CITIZEN COMMENTS Gina Forrester, Shawnee District, appeared before the Board to express her concerns about Tab P, the Master Development Plan for Oakdale III. She feels there are a lot of questions that need to be answered before the Board votes on this master development plan. Sandy Ambrose, one of the owners of the farm that adjoins the property in question, addressed the Board with her concerns. She is concerned about the alignment ofthe road. She does not want the road to go through their property, but if this is something that has to be, she wants to be sure there is as little damage as possible; therefore, she would select alternative A as shown on the plan that was presented to the Board. Audrey H. Gieske, resident of Gore, is not in favor of this master development plan. She realizes that this land was zoned thirty years ago; however, a lot has changed in that time. She presented a prepared statement to each board member outlining her concerns and many questions she felt should be answered before the Board votes on this master development plan. Ed Butler, Stonewall District, and representative for Citizens for Safety, thanked those Board members who attended their recent citizens meeting. He further thanked the Board for listening to the area citizens and their many concerns with regard to the request for "Mr. Fuel" to locate in Stonewall District. Donald Bush, Miller Heights, Shawnee District, appeared before the Board at which time he advised them that he likes the plan that is being presented to the Board with regard to Oakdale III. MINUTES Supervisor Shickle advised that a sentence had been duplicated at the top of page 2 on the worksession with the Sanitation Authority of May 26. Upon motion made by Supervisor Sager, seconded by Supervisor Shickle, the minutes ofthe worksession with the Sanitation Authority of May 26, 1999, were approved as amended by the following recorded vote: James L. Longerbeam - Aye Board of Supervisors Meeting of 07/14/99 276 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 Smith, seconded by Supervisor Douglas, the minutes of the regular meeting of May 26, 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 Supervisor Orndoff requested the following amendments to the minutes of the regular meeting ofJune 8, 1999: Page 5 - the vote as shown at the bottom ofthe page, to the best of his knowledge, he did not second this motion. Page 8 should read - Supervisor Orndoff asked if the development rights ofthe landowners would be affected by this plan. Upon motion made by Supervisor Orndoff, seconded by Supervisor Douglas, the minutes of the regular meeting of June 8, 1999 were 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 COUNTY OFFICIALS PAUL SPAIN APPOINTED TO PARKS AND RECREATION COMMISSION FROM OPEQUON DISTRICT TO FILL UNEXPIRED TERM OF TIMOTHY K. HOCKMAN Upon motion made by Supervisor Sager, seconded by Supervisor Shickle, Paul Spain was appointed to the Parks and Recreation Commission from Opequon District, to fill the unexpired term of Timothy K. Hockman. This term will commence on July 14, 1999, and expire on January 24, 2000. This is a four-year term. Due to the fact that this current term will expire on January 24, 2000, this appointment will be extended until January 24,2004. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye Board of Supervisors Meeting of 07/14/99 277 W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye BLAINE J. ALKIRE APPOINTED TO CHAPTER 10 BOARD TO FILL UNEXPIRED TERM OF REGINALD BAKER Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, Blaine J. Alkire was appointed to Chapter 10 Board to fill the unexpired term of Reginald Baker. This term will commence on July 14,1999, and expire on December 31, 2000. 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 DR. STEPHEN ARMSTRONG TO REPRESENT NORTHWESTERN COMMUNITY SERVICES ON THE COMMUNITY POLICY AND MANAGEMENT TEAM (CPMT) Upon motion made by Supervisor Sager, seconded by Supervisor Douglas, Dr. Stephen Armstrong was appointed to represent the Northwestern Community Services on the Community Policy and Management Team (CPMT). 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 DICK PLAUGHER TO REPRESENT THE COUNTY SCHOOL SYSTEM AND LAUREN CARRIER TO REPRESENT THE BOARD OF SUPERVISORS ON THE CPMT Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, Dick Plaugher will represent the county school system and Lauren Carrier the Board of Supervisors on the CPMT. 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. Omdoff, Sr. - Aye Board of Supervisors Meeting of 07/14/99 278 RESOLUTION (#004-99) REOUESTING FREDERICK COUNTY BE DECLARED A DROUGHT DISASTER COUNTY - APPROVED WHEREAS, Frederick County has suffered from an extended severe drought; and WHEREAS, this condition in this agricultural area has caused major damage to corn, hay, pasture, fruit, and other crops; and WHEREAS, estimated losses of individual agricultural crops presently range from 15% in small grain to 50% - 70% losses for hay and pasture; and WHEREAS, there is a critical need to assist the agricultural community as a result of the extreme weather conditions. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does hereby declare a state ofan emergency in Frederick County on July 14, 1999, and the Honorable James Gilmore, Governor of the Commonwealth, is petitioned by the Board of Supervisors to declare that an emergency exists in Frederick County, and the Governor is further petitioned to request the President of the United States or the Secretary of Agriculture to recognize the county emergency situation and make the federal agriculture programs available to Frederick County. ADOPTED this 14th day of July, 1999. Upon motion made by Charles W. Orndoff, Sr. and seconded by Margaret B. 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. Shickle - Aye Charles W. Orndoff, Sr. - Aye DRAFT OF TOWN OF STEPHENS CITY BOUNDARY LINE ADJUSTMENT AGREEMENT AND REQUEST TO SCHEDULE PUBLIC HEARING DATE - APPROVED County Administrator Riley presented this request to the Board. Supervisor Shickle suggested the following amendments: 1. On the memorandum page, fifth line should read "fifth whereas." 2. Delete paragraph four and five. 3. Page 3 under the first WHEREAS, third line following Stephens City (and Frederick County) needs to be inserted. Upon motion made by Supervisor Shickle, seconded by Supervisor Douglas, the Boundary Line Adjustment Agreement be amended as noted, and scheduled for public hearing at the second Board meeting of Septembef. (22). The above motion was approved by the following recorded vote: James L. Longerbeam - Aye Board of Supervisors Meeting of 07/14/99 279 W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FROM GOVERNMENT FINANCE OFFICERS ASSOCIATION - APPROVED UNDER CONSENT AGENDA This Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. This Award of Financial Reporting Achievement was presented to Finance Director, Cheryl B. Shiffler. RESOLUTION (#001-99) AUTHORIZING PICK UP OF THE EMPLOYEE'S CONTRIBUTION TO VRS FOR PAST SERVICE CREDIT - APPROVED UNDER CONSENT AGENDA WHEREAS, the County of Frederick, Virginia desires to provide its employees with tax deferral pursuant to g4l4(h) of the Internal Revenue Code with respect to their member contributions to the Virginia Retirement System, the State Police Officers Retirement System and the Judicial Retirement System (collectively referred to as VRS) for the permissible purchase of past service credit by picking up member contributions to the VRS; and WHEREAS, the pick up is authorized under Virginia Code Sections 51.1-142.1 and 51.1-l43.C. WHEREAS, VRS keeps track of such picked up member contributions, and is prepared to treat such contributions as employee contributions for all purposes ofVRS; NOW, THEREFORE, IT IS HEREBY RESOLVED, that effective the first pay day on or after the later of July 1, 1999, or the date the member executes a binding and irrevocable salary reduction election relating to the past service permitted to be purchased, the County of Frederick, Virginia shall pick up all or a portion of the members' contribution of its employees to VRS based on the terms of the salary reduction election, and such contributions shall be treated as employer contribution in determining tax treatment under the Internal Revenue Code ofthe United States; and it is further RESOLVED, the binding salary reduction election to be executed by the member shall include the following: (1) the beginning and ending date ofthe election, (2) the amount ofthe salary reduction on a pay period by pay period basis, (3) the total amount of contribution expected to be involved, (4) a statement that the member may not receive the contributed amounts instead of having them paid by the County of Frederick, Virginia to the VRS, and (5) an agreement that the member will not purchase the service credit through a lump sum payment during the period in which the salary reduction election is in effect; and it is further RESOLVED, the member may revoke the salary reduction election only in the event of an unforeseeable emergency as that phrase is used and defined in IRC Section 457 and Treasury Regulation Section 1.4572(h)( 4), and if such a revocation is made, the member may not make a new salary reduction election during his period of employment; and it is further RESOLVED, that such contributions, although designated as member contributions, are to be made by the County of Frederick, Virginia in lieu of member contributions; and it is further Board of Supervisors Meeting of 07/14/99 280 RESOLVED, that pick up member contributions shall be paid from the same source offunds as used in paying the wages to affected employees; and it is further RESOLVED, that member contributions made by the County of Frederick, Virginia under the pick up arrangement shall be treated for all purposes other than income taxation, including but not limited to VRS benefits, in the same manner and to the same extent as member contributions made prior to the pick up arrangement; and it is further RESOLVED, that nothing herein shall be construed so as to permit or extend an option to VRS members to receive the pick up contributions made by the County of Frederick, Virginia directly instead of having them paid to VRS; and it is further RESOLVED, that notwithstanding any contractual or other provisions, the wages of each member ofVRS who is an employee of the County of Frederick, Virginia, shall be reduced by the amount of member contributions picked up by the County of Frederick, Virginia on behalf of such employee pursuant to the foregoing resolutions. ADOPTED in Frederick County, Virginia, this 14th day of July, 1999. ADDENDUM TO MEMORANDUM OF UNDERSTANDING (MOU) - HP HOOD. INC. - APPROVED This ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING, dated March 10, 1999, and revised April 12, 1999, evidences the agreement among FREDERICK COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "County"), the WINCHESTER-FREDERICK COUNTY ECONOMIC DEVELOPMENT COMMISSION, a joint commission of the City of Winchester and Frederick County, Virginia (the "Commission"), the INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF FREDERICK, VIRGINIA, a political subdivision ofthe Commonwealth of Virginia (the "IDA"), and HP HOOD INe. (The "Company"), to replace only paragraph's (d and e) of the original document with the following: D) To pursue, with the assistance of the Lord Fairfax Planning District Commission, no more than a $700,000 loan in Community Development Block Grant loan funds for the purpose of providing pretreatment ofthe Champagnes effluent before releasing it to the public treatment facility. Said pretreatment facility will be privately owned and operated by HP Hood, Inc., and will be co-located on the same property as the HP Hood dairy processing facility. The County of Frederick will repay the loan to the Department of Housing and Community Development over a period of 10 years, no interest. In the event the loan application is not successful, subject to annual appropriations in each fiscal year, the County agrees to make a cash grant to the IDA in turn, agrees to pay to HP Hood the same amount of$700,000 according to the following fiscal year schedule: 2000-2001 2001-2002 2002-2003 2003-2004 2004-2005 $150,000 $150,000 $150,000 $150,000 $100,000 E) Company Commitments - the Company commits to a capital investment of approximately $64 million during the period 1999-2001. The initial number of jobs created is 115, to increase to 170 within five years. Upon motion made by Supervisor Shickle, seconded by Supervisor Sager, the above addendum to Memorandum of Understanding for HP Hood, Inc. was approved by the following Board of Supervisors Meeting of 07/14/99 281 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 RESOLUTION (#002-99) APPROPRIATING FUNDS FROM THE GOVERNOR'S OPPORTUNITY FUND FOR KRAFT FOODS. INC. - APPROVED County Administrator Riley presented this request to the Board. WHEREAS, Kraft Foods, Inc. (the Company) has made known its intent to expand the Capri Sun product line and to add new product line, Oscar Meyer Lunchables, to its facility in the Ft. Collier Industrial Park; and WHEREAS, the Company meets the policy guidelines of the Frederick County Economic Development Incentives Fund as established by the Winchester-Frederick County Economic Development Commission in 1995; NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, approved, by resolution, at their regular meeting on July 14, 1999, payment of $250,000 to the Frederick County Industrial Development Authority from the Governor's Opportunity Fund to assist in the conversion of existing freezer space to refrigerated space, subject to an executed Memorandum of Understanding outlining a performance agreement by the Company. BE IT FURTHER RESOL YED, that the Board of Supervisors does hereby authorize the county administrator to execute this document on its behalf. ADOPTED this 14th day of July 1999. Upon motion made by Supervisor Smith, seconded by Supervisor Douglas the above resolution for Kraft Foods, Inc., 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 e. Shickle - Aye Charles W. Orndoff, Sr. - Aye RESOLUTION (#003-99) AND MEMORANDUM OF UNDERSTANDING (MOU) FOR GRW TECHNOLOGIES. INC. PROJECT - APPROVED County Administrator Riley presented this request to the Board. BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, does hereby approve the payment of$73,149.00 to the Frederick County Industrial Development Authority from the Frederick County Economic Development Incentive Fund to assist in the site development for GRW Technologies, Inc. BE IT RESOLVED, that said funds are subject to an executed Memorandum of Understanding outlining a performance criteria of the county. BE IT FURTHER RESOLVED, that the Board of Supervisors of the County of Frederick, Board of Supervisors Meeting of 07/14/99 '282 Virginia, does hereby authorize the county administrator to execute this document on its behalf. ADOPTED, this 14th day ofJuly 1999. Upon motion made by Supervisor Sager, seconded by Supervisor Shickle, the above resolution for GRW Technologies, Inc. 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 OF ADJUSTMENTS TO GENERAL REASSESSMENT PROPOSAL AS SUBMITTED BY BLUE RIDGE APPRAISAL COMPANY - APPROVED IN PART County Administrator Riley presented this information to the Board. Supervisor Shickle asked about number 5 and the significance of having this as part of the reassessment process. This expenditure is for a digital photograph of each major structure at a rate of $1.00 per parcel, with a maximum cost not to exceed $37,500. Planning Director Kris Tierney explained how a photograph of property would be of assistance in his office. Following further discussion it was determined that additional information was needed from Blue Ridge Appraisal Company before the Board would make this a part of the 2001 General Reassessment. This information will be provided prior to the next Board meeting. Upon motion made by Supervisor Sager, seconded by Supervisor Orndoff, the contract from Blue Ridge Appraisal Company to conduct the 2001 General reassessment for the county was approved with the exception of#five. 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 UPDATE ON POSSIBLE AMENDMENT TO VIRGINIA DEPARTMENT OF TRANSPORTATION SIX YEAR SECONDARY ROAD PLAN County Administrator Riley presented this information to the Board at which time he advised them that the City of Winchester at their meeting of July 13, voted not to extend Jubal Early Drive. Board of Supervisors Meeting of 07/14/99 283 He further advised that the funds allotted to the county, from the state for this project, were now being made available to be used on other six year road improvement projects within the county. He asked the Board to consider what projects they would prefer to have these funds applied to. Board members discussed with Engineer Jerry Copp where these funds could be used based upon the six year plan. Mr. Copp advised the Board that decision was up to them. The dollars could be applied to one project or divided between various projects. Supervisor Orndoff inquired about the total cost of bridge replacement on Route 669 Rest Church Road. Mr. Copp replied $4.8 million. Following further discussion it was the consensus of the Board that $400,000 of the $2.3 million ear marked to come to Frederick County be used for the cost of a preliminary study for bridge construction, that would replace the existing bridge on Route 669. Upon motion made Supervisor Omdoff, seconded by Supervisor Shickle $400,000 is hereby earmarked for the preliminary engineering study for construction of a bridge on Route 669 replacing the current bridge. 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 REOUEST TO ADVERTISE AND FILL CERTAIN POSITIONS AT THE REGIONAL JAIL - APPROVED The Clarke-Frederick- Winchester Regional Adult Detention Center is requesting to advertise and fill the following positions within the Regional Jail: 1. Pretrial Services Investigator/Case Manager: Two (2) positions. One position will become vacant during mid-July 1999 because the current employee will be relocating to North Carolina. The second position became available when the employee resigned without notice on June 16, 1999. It is important to keep these two positions filled. The responsibilities for the positions include attending court in order to recommend eligible offenders to the pre-trial division program, case management of inmates diverted from jail, offender supervision requiring weekly interviews, drug screens and client referrals to community resources. The salary for each position is $23,813. Each position is partially funded by a grant from the Department of Criminal Justice Services at $21,594 and $23,558. Combined the grant covers $45,152 of the needed $47,626 in salary expenses. The local share is $2,474.00. Attached is a copy of the job description. Board of Supervisors Meeting of 07/14/99 .284 2. Correctional Officers: As a result of a staffing analysis conducted earlier in the year by the Department of Corrections, the Virginia Compensation Board approved $65,178 in funding for three (3) additional Correctional Officers for the Regional Jail. (Compensation Board reimbursement for each position is $21,726.) The positions were planned in the FY 99/2000 budget. The Frederick County base salary for each position is $26,242. Combined the salaries are $78,726. Therefore, the local share is $13,548 or $4,516 each. Attached is ajob description for your review. 3. Maintenance Technician: This pOSItIon is requested to provide continuous facility maintenance in conjunction with the duties ofthe existing maintenance staff. On September 18, 1998 the Regional Jail Board and the Juvenile Detention Center Commission jointly approved this position at the Superintendent's request. Rather than make an immediate request to Frederick County to fill the position, the Regional Jail decided to incorporate the expense in the budget for FY99/2000. Salary for this locally funded position is $20,565 and will be a shared between the Regional Jail and the Juvenile Detention Facility. Attached is a job description for your review. 4. Receptionist/Office Assistant II: This position will become vacant on July 9, 1999. The current employee is relocating to Ohio. It is important to keep this position filled since the responsibilities for this position includes greeting the public and answering the switchboard. This is a locally funded position with a salary of $16, 1 04.00. Attached is a job description for your review. 5. RN/LPN/CHA: One (1) Position. Due to an employee resignation scheduled for July 6, 1999 a Registered Nurse position will become vacant. It is imperative that we keep this position filled since the responsibilities for this position includes attention to the inmate's medical needs. In order to open the recruiting field, the Regional Jail would like to advertise for a Registered Nurse, LPN or Correctional Health Care Assistant, review the applications received and then employ the most compatible person for the position. The following is the base salary for each position: LPN or CHA I, $23,813; RN or CHA II, $30,386. The departing employee's salary is $33,898. The Compensation Board provides a reimbursement for this position in the amount of$15,484. The local share is $18,414. Attached are the job descriptions for your review. Sufficient local funds exist within the Jail's budget. Therefore, additional local funds are not necessary in order to fill these positions. Thank you for your consideration of these requests. Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the above personnel requests from Administrative Services Chief Kathy Sasser 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 - Abstained Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARINGS: PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REOUESTED BY THE WINCHESTER FREDERICK COUNTY JAYCEES. PURSUANT TO THE FREDERICK COUNTY CODE. CHAPTER 86. FESTIVALS: SECTION 86-3 C. PERMIT REOUlRED: APPLICATION: ISSUANCE OR DENIAL. FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON SATURDAY. Board of Supervisors Meeting of 07/14/99 285 AUGUST 28. 1999. ADAMS/NELSON PROPERTY. ADMIRAL BYRD DRIVE. AIRPORT BUSINESS CENTER. ACROSS FROM THE WINCHESTER REGIONAL AIRPORT TERMINAL - APPROVED Beth Riddick, Vice President of the local Jaycees, appeared before the Board on behalf of this request. There was no public input. Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the outdoor festival permit of the Jaycees 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 - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 155. TAXATION. ARTICLE I. GENERAL PROVISIONS. BY THE ADDITION OF SECTION 155-6.1. INTEREST ON OVERPAYMENTS. THE PURPOSE OF THIS PROPOSED AMENDMENT IS TO ALLOW INTEREST TO BE PAID TO THE TAXPAYER ON OVERPAYMENTS DUE TO ERRONEOUSLY ASSESSED TAXES AT THE SAME RATE AS IS CHARGED ON DELINOUENT TAXES-APPROVED County Administrator Riley presented this ordinance amendment request to the Board. Supervisor Shickle asked why this was necessary if the State Code prevails County Administrator Riley explained that it was a matter offormality. There was no public input. BE IT ORDAINED, that Chapter 155, Taxation, Article I, General Provisions, by the addition of, Section 155-6.1, Interest on Overpayments, to read as follows: CHAPTER 155 TAXATION ~155.-6.1 Interest on Overpayments Interest shall be paid to the taxpayer on overpayments due to erroneously assessed taxes at the same rate as is charged on delinquent taxes. Upon motion made by W. Harrington Smith, Jr., and seconded by Charles W. Orndoff, Sr., the above was approved by the Frederick County Board of Supervisors at their meeting and public hearing held on July 14, 1999, by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Board of Supervisors Meeting of 07/14/99 286 Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye PLANNING COMMISSION BUSINESS: PUBLIC HEARINGS: PUBLIC HEARING - CONDITIONAL USE PERMIT #08-99 OF DAVID E. CARTER. SR. FOR A COTTAGE OCCUPATION TO OPERATE A TACK AND SADDLE SHOP (CATALOG SALES). THIS PROPERTY IS LOCATED AT 173 HEARTWOOD DRIVE. THE SITE IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 51-23-1 IN THE BACK CREEK MAGISTERIAL DISTRICT - APPROVED Planner I Mark Cheran presented this CUP to the Board. There was no public input Upon motion made by Supervisor Douglas, seconded by Supervisor Orndoff, CUP #08-99 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 PUBLIC HEARING - CONDITIONAL USE PERMIT #09-99 OF ALBERT M. MURR TO OPERATE A COTTAGE INDUSTRY (CABINETMAKER). THIS PROPERTY IS LOCATED AT 156 THREE CREEKS ROAD. THE SITE IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 13-A-65B IN THE GAINESBORO MAGISTERIAL DISTRICT - APPROVED Planner I Mark Cheran presented this CUP request to the Board. There was no public input. Upon motion made by Supervisor Shickle, seconded by Supervisor Smith, CUP #09-99 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 PUBLIC HEARING - REZONING #11-99 OF RONALD AND VELMA SIMKHOVITCH TO REZONE 1.836 ACRES FROM Ml (LIGHT INDUSTRIAL TO RA (RURAL AREAS). THIS PROPERTY IS LOCATED AT 2659 MARTINSBURG PIKE (RT. 11) APPROXIMATELY Yz MILE NORTH OF THE INTERSECTION WITH OLD CHARLESTOWN ROAD (RT. 761). AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 44-1-A IN THE STONEWALL MAGISTERIAL DISTRICT - APPROVED Board of Supervisors Meeting of 07/14/99 287 Assistant Planning Director Evan Wyatt presented this request to the Board. Supervisor Shickle inquired about the amount of the fee that was being charged for this rezoning request. Assistant Director Wyatt explained the fee schedule and that $692.60 is the fee charged for this rezoning request. Supervisor Shickle suggested that perhaps, in the future, the fee amount being charged could be made part ofthe information provided to the Board. There was no public input. Supervisor Shickle asked ifit would be appropriate, at this time, for the Board to review the current fee schedule. Chairman Longerbeam stated that he felt there was an element of fairness involved here. Upon motion made by Supervisor Orndoff, seconded by Supervisor Sager, rezoning # 11-99 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 OTHER PLANNING ITEMS: MASTER DEVELOPMENT PLAN FOR COMMONWEALTH BUSINESS CENTER - APPROVED Zoning Administrator Mike Ruddy presented this request to the Board, noting that the planning commission had recommended approval. This property is located at 3657 Valley Avenue and is in Back Creek District. Upon motion made by Supervisor Douglas, seconded by Supervisor Smith, the Master Development Plan for Commonwealth Business Center 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 MASTER DEVELOPMENT PLAN - OAKDALE III (RAVEN POINTE. RAVEN OAKS. RA VENWING - APPROVED Board of Supervisors Meeting of 07/14/99 288 Assistant Planning Director Wyatt presented this master development plan to the Board. Mr. Wyatt explained that the plan calls for 668 houses on 224 acres and will be done in nine phases. Supervisor Shickle had questions with regard to the connector roads and the planned upgrade of Senseny Road. Mr. Wyatt explained that the connector roads would have to be done even if Senseny Road has not been upgraded. Billy 1. Tisinger, local attorney, representing Glaize and Jeni Company, appeared before the Board on behalf of this request and submitted the following information: 1. Seventy percent of the lots would be sold before looking at next section. 2. The land in question was rezoned about thirty years ago. 3. The houses would be in the $160,000 to $220,000 price range. 4. The plan calls for an eight to twelve year build out. Mrs. Sandy Ambrose, part owner offarrn adjoining this property, appeared before the Board at the request of the Chairman. Ms. Ambrose reiterated what she had said at the beginning of the meeting and that being that she does not want the road on her property, but if it has to be, then she wants the buffer to be a fence, and she requests that everything be in writing. Chairman Longerbeam advised that he does have interest in some property on Route 50; therefore, he would not be voting on this request. Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, for approval of Master Development Plan for Oakdale III - (Raven Pointe, Raven Oaks, and Ravenwing) as amended, and signed off on by Ms. Ambrose. The above motion was approved by the following recorded vote: James L. Longerbeam - Abstained W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye ROAD RESOLUTIONS FOR FAIRLANE ORCHARD ESTATES. ASBURY SUBDIVISION. SECTION II. AND CARLISLE HEIGHTS. SECTION IV - APPROVED UNDER CONSENT AGENDA Board of Supervisors Meeting of 07/14/99 289 COMMITTEE REPORTS: LANDFILL OVERSITE COMMITTEE - APPROVED UNDER CONSENT AGENDA The landfill oversight committee met on Thursday, June 10, 1999, at 8:00 a.m. in the first floor conference room at the Frederick County Administration Building. All committee members were present. The following issues were discussed: 1. Update on ProDosed/Onl:oin~ Projects a) Gas Wells - Five (5) gas collection wells have been installed within Cells "A" and "B", Phase I in anticipation of final closure. In addition, candle flares have been installed on each well to burn off the methane and Non-Methane Organic Compound gases. b) Closure of Cells "A" and "B", Phase I - Design plans have been completed for the closure of Cells "A" and "B", Phase 1. It is anticipated that bids will be submitted on or about July 7, 1999. The closure should be completed by October 31, 1999. c) Expansion of ConstructionlDemolition Debris (CDD) Landfill - Plans are being prepared to construct an additional four (4) acres of CDD landfill space. It is anticipated that the plans will be available for advertisement in August with a construction commencement in the early fall of 1999 or early spring of 2000 depending on the weather conditions. d) Greenhouse - The fill has been placed for the construction ofthe new greenhouse to supplement our leachate treatment system. The design of the actual greenhouse system has been completed and includes a re-circulation system, gas fired boiler and a greenhouse structure. The ultimate goal ofthis project is to utilize the landfill gas to fuel the greenhouse. 2. EQuipment Swap The Landfill Manager, Steve Frye, presented a plan to trade our 621 E Pan for a used Cat 225 trackhoe and a used 963 loader. This trade would be an even swap with no additional money changing hands. A motion was made by Mike Noel and seconded by Charles W. Orndoff, Sr. to approve the trade of equipment with Carter Equipment Company. The motion was unanimously approved. 3. Tippin!: Fees for Special Waste Mr. Ron Kimble, environmental manager at the landfill, presented a proposal to add a tipping fee for special waste because of the additional time and precautions required for special waste handling. After much discussion, a motion was made by John R. Riley, Jr. and seconded by David Ash to approve a tipping fee of $76 per ton for special waste. Determination of special waste will be based on the definition contained in the Solid Waste Regulations promulgated by the Department of Environmental Quality. The motion was unanimously approved by the committee and will be forwarded to the respective governing bodies for their action. 4. Waste/Refuse Hauled into the Landfill by Private Citizens The committee held a discussion focused on restricting loads hauled into the landfill by private citizens. Basically, Clarke and Frederick Counties currently limit load size unless private citizens obtain special permission from the county administrator. Frederick County recently adopted a policy to limit their liability to a vehicle with a weight capacity of three-quarter of a ton or less unless special permission is obtained from the county administrator. Otherwise, the citizen will be charged the prevailing commercial tipping fee. Board of Supervisors Meeting of 07/14/99 290 5. Update on Property Acquisition The committee was informed that the acquisition of the Kovach property, consisting of 17 acres, had been completed. The acquisition of the Riley Farm is in limbo because the property is tied up in the bankruptcy courts. BOARD OF SUPERVISORS COMMENTS There were no additional Board comments at this time. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME: 9:20 P.M.) Jof!:]t..~ t~ Jo n . 'ley, Jr. Clerk, Board of Supervisors '" Minutes Prepared By: ~n ~~ b -I. ~L -) Carol T. Bayliss Deputy Clerk, Board of Supervisors Board of Supervisors Meeting of 07/14/99