HomeMy WebLinkAboutSeptember 08, 1999 Regular Meeting
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A Regular Meeting ofthe Frederick County Board of Supervisors was held on September
8,1999, 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.
CALL TO ORDER
Chairman Longerbeam called the meeting to order.
INVOCATION
The invocation was delivered by Reverend John A. Robinson, Jr., ofthe Highland Memorial
Presbyterian Church.
ADOPTION OF AGENDA
County Administrator Riley requested the following additions to the agenda:
1. Modification of fee agreement for the Lakeside Library.
2. Authorization to apply for grant funds forrenovation of Old County Courthouse for Civil
War Museum.
3. Resolution Requesting the Installation of a "Watch for Children" sign for Fredericktowne
Estates in Stephens City.
Upon motion made by Supervisor Sager, 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. Proclamation Re: Red Ribbon Week - Tab B;
2. Subdivision Application of Thomas A. And Helen S. Grove - Tab G;
3. Parks and Recreation Commission Report - Tab H;
4. Emergency Communications Commission Report - Tab I;
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5. Landfill Oversite Committee Report Tab 1.
Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, 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
Charles W. Orndoff, Sr. - Aye
CITIZEN COMMENTS
Ms. Susan Luby Luebehusen, county resident and member of the county industrial
development authority, appeared before the Board to express her opinion on the resolution
authorizing an Application of the Virginia Public School Authority (VPSA) Fall Bond Sale that is
scheduled later on the agenda. She does not endorse this resolution. She further referred to a recent
article, in the local newspaper, concerning disabled children that were having to ride school buses
where an aid was not present. The school board has elected not to provide aides for the buses due
to lack of funds. Ms. Luebehusen feels this type of action, by the school board, cannot be condoned.
JOYCE RITTER DUVALL APPOINTED TO PARKS AND RECREATION
COMMISSION TO FILL THE UNEXPIRED TERM OF STEVE SPITZER
Upon motion made by Supervisor Shickle, seconded by Supervisor Smith, Joyce Ritter
Duvall was appointed to the county Parks and Recreation Commission from Gainesboro District
to fill the unexpired term of Steve Spitzer who has resigned. Mr. Spitzer's term is scheduled to
expire on February 13, 2000. To prevent having to act on this appointment again in five months, Ms.
Duvall's term will be extended from February 13,2000 until February 13, 2004. This is a four year
appointment.
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
JOHN R. RILEY. JR. REAPPOINTED TO SERVE AS CHAIRMAN OF THE
REGIONAL JAIL BOARD
Upon motion made by Supervisor Smith, seconded by Supervisor Sager, John R. Riley, Jr.,
was reappointed to serve as Chairman ofthe Regional Jail Board. This is a four-year appointment.
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This term will commence on October 13, 1999 and expire on October 13, 2003.
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
PROCLAMATION (#001-99) RE: RED RIBBON WEEK - APPROVED UNDER
CONSENT AGENDA
WHEREAS, any use of an illegal drug is unacceptable and the illegal use of a drug cannot
be tolerated; and
WHEREAS, substance abuse destroys lives, spawns crime, undermines our economy, and
threatens our community; and
WHEREAS, the Board of Directors and staff of Kids Are Our Concern will join with the
National Federation of Parents for a Drug Free Youth to proclaim the week of October 23 - 31, 1999
as "National Red Ribbon Week"; and
WHEREAS, the Board of Directors of Kids Are Our Concern has organized a Red Ribbon
Campaign to coordinate the week's activities, has called for a comprehensive public awareness,
prevention, and education program involving many parents, civic, religious, and other community
organizations and groups within our community.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors for the County
of Frederick, Virginia supports and promotes this effort and will observe the week by wearing Red
Ribbons.
PROCLAIMED this 8th day of September 1999.
REOUEST FROM SHERIFF RE: DONATION OF VEHICLES - APPROVED
Sheriff Bob Williamson appeared before the Board at which time he explained that the two
vehicles are a 1993 Ford Pickup that is scheduled to go to Top of Virginia Search and Rescue and
a 1995 Ford Crown Victoria to that is scheduled to go to Greenwood Volunteer Fire and Rescue
Company.
Upon motion made by Supervisor Sager, seconded by Supervisor Smith, 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
REOUEST FROM SHERIFF FOR SCHOOL RESOURCE OFFICERS GRANT -
APPROVED
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County Administrator Riley presented this request to the Board.
Sheriff Williamson addressed the Board concerning this grant. He explained that the grant
was for three years in the amount of$25,391 in Federal Funds with a local cash match of$8,464 for
a total award of $33,855.
Upon motion made by Supervisor Sager, seconded by Supervisor Douglas, the request ofthe
Sherifffor School Resource Officers Grant 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
REQUEST FROM BERKELEY COUNTY RE: ROUNDHOUSE AUTHORITY
ADVISORY COMMITTEE - APPROVED
County Administrator Riley presented this request to the Board at which time he informed
them that Wayne Corbett, a citizen of Frederick County, had expressed interest in serving on this
committee.
The county administrator advised the Board that this was strictly a volunteer position and that
no funding will be provided by the county.
Upon motion made by Supervisor Shickle, 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
RESOLUTION (#011-99) AUTHORIZING AN APPLICATION TO THE VIRGINIA
PUBLIC SCHOOL AUTHORITY (VPSA) - FALL 1999 BOND SALE - APPROVED
County Administrator Riley presented this resolution to the Board.
Supervisor Shickle inquired as to what the current interest rate is.
Assistant Superintendent Tom Sullivan replied the current rate is 4.69%.
Supervisor Sager requested an up to date report on the county's debt schedule.
Upon motion made by Supervisor Shickle, seconded by Supervisor Sager, the following
resolution was approved:
WHEREAS, the Frederick County School Board ("School Board") and the Board of
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Supervisors ("Board of Supervisors") of the County of Frederick, Virginia ("County") have
determined that it is advisable to contract a debt and issue general obligation bonds of the County
in an amount not to exceed $4,100,000 to finance certain capital projects for public school purposes
and to sell the Bonds to the Virginia Public School Authority ("VPSA");
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
THE COUNTY OF FREDERICK, VIRGINIA:
1. The County Administrator is authorized and directed to execute and deliver an
application to the VPSA in order to sell the Bonds to the VPSA at the Fall 1999 VPSA bond sale.
2. The Board of Supervisors adopts this declaration of official intent under Treasury
Regulations Section 1.150-2. The Board of Supervisors reasonably expects to reimburse advances
made or to be made by the County or the School Board to pay the costs of acquiring, constructing
and equipping the capital projects for school purposes from the proceeds of its debt or other
financing. The maximum amount of debt or other financing expected to be issued for such
improvement is $4,100,000.
3. This resolution shall take effect immediately.
Upon motion made by Supervisor Shickle, seconded by Supervisor Sager, 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
MODIFIED FEE AGREEMENT FREDERICK COUNTY LIBRARY - APPROVED
County Administrator Riley presented this information to the Board and explained that this
proposal would be treated as a change order to Lukmire's original contract and does include six (6)
additive alternates in the amount of$12,91O.
Upon motion made by Supervisor Sager, seconded by Supervisor Douglas, the modified fee
agreement for the Frederick County Library in the amount of$12,91 0 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
AUTHORIZATION REOUESTED TO APPLY FOR GRANT FUNDS TO BE MADE
AVAILABLE FORRENOV ATION OF OLD COUNTY COURTHOUSE FOR CIVIL
WAR MUSEUM - APPROVED
County Administrator Riley presented this request to the Board and referred questions to
Assistant County Administrator Carrier.
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Ms. Carrier advised that this grant is being made available through the Virginia Land
Conservation Foundation through a new grant program currently being offered by the Foundation.
Correspondence has been received from the Department of Conservation and Recreation informing
the county ofthis grant. Ms. Carrier further advised that there is a possibility that between $300,000
and $500,000 could be made available through this grant. The filing deadline is November 1.
Questions were raised as to whether the City of Winchester would be participating in this
civil war museum, and County Administrator Riley explained that this is one of the items scheduled
for discussion at the next joint finance committee meeting, which has yet to be scheduled, but is
hopeful that it will take place within the next few weeks.
Supervisor Orndoff stated that this project has been discussed before, and at that time the
question was raised about the City of Winchester' s participation, and his feelings are until the county
receives some type of response from the City, he is not willing to vote in favor of proceeding with
this proj ect.
Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the Board
authorized county staff to apply for the above-mentioned grant funds that would be used for the
renovation of the old county courthouse for a civil war museum.
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. - Nay
RESOLUTION (#012-99) REOUESTING THE INSTALLATION OF A "WATCH
FOR CHILDREN" SIGN - APPROVED UNDER CONSENT AGENDA
WHEREAS, the 1997 Session of the Virginia Assembly amended the Code of Virginia
adding Section 33.l-21O.2 relating to the installation and maintenance of "signs alerting motorists
that children may be at play nearby," and
WHEREAS, this act provides for the adoption of a resolution by the governing body of any
county requesting the Virginia Department of Transportation to install and maintain this type of
sign, and
WHEREAS, the source of funding for the installation of this sign shall come out of the
secondary system construction allocation to the affected county. The costs of maintaining such signs
shall be paid out of the secondary system maintenance allocation to the affected county; and
WHEREAS, Churchhill Drive (Route 1063) is located in a residential area and is within the
secondary road system and is a viable candidate for a "Watch for Children" sign, and
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BE IT THEREFORE RESOLVED, the Frederick County Board of Supervisors does
hereby request that the Department of Transportation install a "Watch for Children" sign in
accordance with the provisions of Section 33.1-210.2 of the Code of Virginia.
BE IT FURTHER RESOLVED, that a certified copy ofthis resolution be forwarded to the
Resident Engineer of the Virginia Department of Transportation.
Passed this 8th day of September 1999, by the following recorded vote:
PLANNING COMMISSION BUSINESS:
SUBDIVISION APPLICATION OF THOMAS A. AND HELEN S. GROVE -
APPROVED UNDER CONSENT AGENDA
This is for subdivision of a 5.958-acre tract into two lots.
COMMITTEE REPORTS:
PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER
CONSENT AGENDA
The Parks and Recreation Commission met on August 17, 1999. Members present were:
Charles Sandy, Cheryl Swartz, Robert Roper, Paul Spain, Margaret Douglas.
Submitted for Board Information Only:
1. Reauests for Cosponsored Status - Mr. Roper moved to accept the request from WYSC
to become eligible to be a cosponsored organization, seconded by Mrs. Swartz, carried unanimously
(4-0).
Mrs. Swartz moved to approve the updated cosponsored group policy, seconded by Mr.
Roper, carried unanimously (4-0).
2. Public Relations Committee (Prol!ram Review) - Mrs. Swartz moved to accept Fencing
as a new program offering, second by Mr. Spain, carried unanimously (4-0).
EMERGENCY COMMUNICATIONS COMMISSION - APPROVED UNDER
CONSENT AGENDA
The Frederick County Emergency Communications Commission met Monday, August 23,
1999 at 5:00 p.m. The following Commission members were present: Chairman Robert Sager,
Sheriff Robert Williamson, and Steve Eells. Also present this date were Public Safety
Communications Director John Webb, Director of Fire and Rescue Gary DuBrueler, and Lieutenant
Joey Henry.
The following items were discussed:
*** Items Not Requiring Action ***
1. Communications Director's Report
A. Cad System
Mr. Webb and Lieutenant Joey Henry have viewed various CAD vendors and have chosen
Da-Pro Systems. Da-pro Systems is currently a contractor with CJIS and could be installed in
sufficient time. At this time an appointment is being scheduled with Da-Pro for viewing of the
system by Fire and Rescue.
A motion was made for the County Attorney to review the Memexl AMT contract for failure
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of contractual compliance.
B. Staff Status
At present time we are fully staffed.
C. Enhanced Wireless 911 System
A planning meeting will be held on Wednesday, August 25, on the implementation of phase
one of Cellular 911, which will send the cellular 911 calls to the correct jurisdictions.
D. Y2K Status
At this time Bell Atlantic is Y2K compliant.
Next Meeting:
The Commission decided at this time to schedule the next meeting as soon as CAD has been
viewed by all interested parties.
LANDFILL OVERSITE COMMITTEE - APPROVED UNDER CONSENT AGENDA
The landfill oversight committee met on Thursday, August 26, 1999, at 8:00 a.m. in the
fourth floor conference room at the Frederick County Administration Building. All committee
members were present. The following issues were discussed:
1. Fiscal Year 1998/1999 Year End Summaries
The Frederick County Director of Public Works presented the expenditure and revenue
summaries for FY98/99. In addition, the committee was presented a copy of the current balance
sheet which indicated the current cash reserves plus the designated encumbrances. Copies of the
summaries plus the balance sheet are attached. (Attachment 1)
2. Project Update
A. Closure of Cells "A" and "B," Phase I - A contract in the amount of $943,708 has been
awarded to Perry Engineering Company, Inc. to close cells "A" and "B," Phase I. Notice to proceed
was issued on August 2, 1999. However, the contractor waited until August 26, 1999, to mobilize.
B. Expansion of Construction/Demolition Debris (CDD) Landfill - A work order has been
issued to SCS Engineers to design the second phase of our CDD landfill. It is anticipated that the
design will be completed by the end of February 2000 with a construction award on or before April
1,2000.
3. Recyclinl: Opportunities
The Director of Public Works presented a proposed plan to construct a modified recycling
center at the landfill to handle glass and metal cans. Basically, the facility would include a concrete
slab and concrete walls to serve as containment bins. Segregated recycled materials would be end
dumped at the site in the storage bins. The stored materials would then be loaded on trucks supplied
by the Zuckerman Company for transport to the users of the recycled goods.
Discussions with the Zuckerman Company indicate that clear glass currently commands a
price of $10.00 per ton; whereas, the colored glass is selling for $5.00 per ton. Because we are
currently paying a tipping fee to dispose ofthe glass, this approach will result in a substantial cost
savings to everyone involved.
The Director of Pubic Works indicated that the landfill staff will prepare an estimate ofthe
cost to construct the facility and present this information at the next committee meeting.
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4. Discussion oCYard Waste
Yard waste is continuing to be a problem at the Municipal Solid Waste (MSW) as well as
the CDD landfills. Where possible, we are diverting brush and leaves into our brush pile which is
eventually converted into mulch. In the past, we have utilized grass clippings in our compost
operation. However, this operation is intermittent and dependent on the availability of space on the
working face of the MSW.
If possible, we would like to prohibit all yard waste from entering the active landfill cells.
After discussing this issue at length, the committee recommended that the staff provide alternative
solutions to accommodate the yard waste flow. These alternatives will be presented at the next
meeting.
5. Reauests from the Salvation Army
A request was received from the Salvation Army to forgive tipping fees for any items
dumped upon their property without their knowledge. The committee tasked the Director of Public
Works with contacting the Salvation Army to determine the extent of the dumping problem and to
evaluate potential alternative solutions. (Attachment 2)
6. Update on Tire Pro\:ram
The Director of Public Works recommended a unit increase of$1.00 for all tires delivered
to the landfill on rims. This increase would result in a total cost of $1.80 per tire for all passenger
or light truck tires.
A motion was made by Gary Lofton and seconded by Charles Orndoffto approve the $1.00
per tire increase. The motion was unanimously approved.
In addition to the above increase, the staff indicated that they were evaluating alternative
means of tire disposal. The staff has not been satisfied with the operation of the tire shredding
program currently being sponsored by the Lord Fairfax Planning District Commission and
supervised by Shenandoah County. Therefore, we have contacted Emmanuel Tire out of Baltimore
to solicit cost proposals and other alternatives related to the permanent disposal of our tires.
7. Executive Session
An executive session was convened for the purpose of discussing the disposition of real
estate and related legal issues.
BOARD OF SUPERVISORS COMMENTS
There were no additional comments at this time.
UPON MOTION MADE BY SUPERVISOR SAGER, SECONDED BY SUPERVISOR
SMITH, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD,
THIS MEETING IS HEREBY ADJOURNED. (TIME: 7:44 P.M.)
.-.....,
,
c/ uJH-~-
/.ia~L. Longerbe
t . Chairman, Board of Supervisors
~ff
/ A'''-"
R. Riley, Jr.
Clerk, Board of Supervisors
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Minutes Prepared By: ~'T;~ ~~CL< ( Lvv.A)
Carol T. Bayliss
Deputy Clerk, Board of Supervisors
Board of Supervisors Meeting of 09/08/99
Minute Book Number 26