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HomeMy WebLinkAboutNovember 10, 1999 Regular Meeting 364 A Regular Meeting ofthe Frederick County Board of Supervisors was held on November 10, 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.; Robert M. Sager; and Margaret B. Douglas. ABSENT W. Harrington Smith, Jr., due to medical appointment. CALL TO ORDER Chairman Longerbeam called the meeting to order. INVOCATION The invocation was delivered by Reverend Gilbert Mack, Jr., of the Mt. Carmel Baptist Church. ADOPTION OF AGENDA County Administrator Riley stated that he had nothing to add to the agenda. Upon motion made by Supervisor Sager, seconded by Supervisor Orndoff, the agenda was adopted as presented by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye CONSENT AGENDA County Administrator Riley suggested the following tabs for approval under consent agenda: 1. Subdivision Application - Frank W. Nichols Property - Tab J; 2. Road Resolution - Negleyland - Tab K. Upon motion made by Supervisor Sager, seconded by Supervisor Orndoff, the consent agenda, as noted above, was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye Board of Supervisors Meeting of 11/10/99 Miuute Book Number 26 365 I CITIZEN COMMENTS No one appeared before the Board at this time. MINUTES Upon motion made by Supervisor Orndoff, seconded by Supervisor Douglas, the minutes of the Regular Meeting of October 13, 1999 were approved as presented by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye COUNTY OFFICIALS CRAIG FRANKLIN, OF THE INTELLIGENT TRANSPORT A TION SOCIETY OF VIRGINIA. APPEARED BEFORE THE BOARD RE: TRANSPORTATION TECHNOLOGY PLAN In this plan as explained by Craig Franklin it states that Interstate 81 corridor is critical to Virginia's transportation system. The proper application of technology can improve safety and operations throughout the corridor. The transportation technology plan outlines technology based initiatives that the Virginia Department of Transportation and local governments can take in the next five years to enhance the safety, quality of life, and economic viability of the 1-81 corridor in Virginia. Mr. Franklin advised the Board that he is available to assist in any way that he can. COMMITTEE APPOINTMENTS There were no committee appointments at this time. REOUEST FOR FUNDS BASED ON ESTIMATE RECEIVED FOR INDEPENDENT INTERNET SERVER-APPROVED County Administrator Riley presented this information to the Board advising that he had spoken with Dr. Marilyn Beck, President of Lord Fairfax Community College concerning this matter. He recommends that the Board act on the recommendation at this time. Upon motion made by Supervisor Sager, seconded by Supervisor Douglas, approval was given for the expenditure of $18,000. This is the estimate provided in order for the county to be independent on the Internet server. The above motion was approved by the following recorded vote: Board of Supervisors Meeting of 11/10/99 Minute Book Number 26 366 James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye MEMORANDUM RE: EOUlPMENT MAINTENANCE INSURANCE County Administrator Riley presented this information to the Board. He advised the Board that the premium quoted to the county by V ACoRP is $71,854. This would be a savings to the county of$22,363 based on the normal maintenance contract. This was advertised in October as a Request For Proposals and V ACoRP was the only bid received. Upon motion made by Supervisor Sager, seconded by Supervisor Douglas, the equipment maintenance insurance quote in the amount of$71 ,854 was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye RESOLUTION (#017-99) RE: RATIFICATION AND ACCEPTANCE OF CONVEYANCE OF CERTAIN LOTS OF PARCELS OF REAL ESTATE IN SHAWNEELAND-APPROVED Upon motion made by Supervisor Douglas, seconded by Supervisor Orndoff, the following resolution was approved: BE IT RESOLVED that the Board of Supervisors of Frederick County, Virginia, does hereby ratify and accept the conveyance of certain lots or parcels of real estate, situated in the ShawneeLand Subdivision of Frederick County, Virginia, to the ShawneeLand Sanitary District of Frederick County, Virginia, and listed on the attached Exhibit A; and in consideration of said conveyance all such parcels of real estate shall be exempt from assessment and payment of past and future Sanitary District fees, until such lots are sold. Adopted this 10th day of November 1999. Upon motion made by Supervisor Douglas, seconded by Supervisor Orndoff, the above resolution was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shick1e - Aye W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Aye Robert M. Sager - Aye Board of Supervisors Meeting of 11/10/99 Minute Book Number 26 367 Charles W. Orndoff, Sr. - Aye RESOLUTION RE: ISSUANCE OF HOSPITAL FACILITY REVENUE BONDS BY THE CLARKE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY RE: WINCHESTER MEDICAL CENTER. INC. - APPROVED County Administrator Riley presented this information to the Board advising thatthis project does meet the intent of the law. Upon motion made by Supervisor Orndoff, seconded by Supervisor Sager, the resolution for the issuance of hospital facility revenue bonds by the Clarke County Industrial Authority was approved by the following recorded vote: (a complete copy ofthis resolution is on file in the office of the county administrator). The above motion was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye PLANNING COMMISSION BUSINESS: PUBLIC HEARINGS: PUBLIC HEARING - REOUEST TO EXPAND THE URBAN DEVELOPMENT AREA (uDA) TO INCORPORATE A 16.9-ACRE PORTION OF A 41-ACRE PARCEL. THIS PARCEL IS LOCATED ON THE SOUTH SIDE OF CEDAR CREEK GRADE (ROUTE 622), ADJACENT TO THE CITY OF WINCHESTER CORPORATE BOUNDARY IN THE BACK CREEK MAGISTERIAL DISTRICT AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 63-A-2 - THIS EXPANSION REQUEST IS FOR JOSEPH A. ALLEN, ET ALS - APPROVED Deputy Planning Director Evan Wyatt presented this request to the Board, at which time he advised them that the planning commission unanimously recommended approval ofthe request with the condition that the development provide access to Cedar Creek Grade from Westview Lane in Section III to ensure improved public services. Tony Gavello, area resident living on Westview Lane, feels Westview will become a straight shot for through traffic, and he has some major concerns about this. Steve Gyurisin, with G. W. Clifford Associates, appeared before the Board to discuss Mr. Gavello's concerns. He explained that G. W. Clifford knows of the need to connect these roads, and they are also aware ofthe various traffic concerns. Supervisor Shickle asked if the majority of the road, in question, is not located within the Board of Supervisors Meeting of 11/10/99 Minute Book Number 26 368 City of Winchester. Mr. Gyurisin replied that is correct, and this is a very preliminary plan at this point. Upon motion made by Supervisor Douglas, seconded by Supervisor Orndoff, to approve the request to expand the Urban Development Area (UDA) to incorporate a 16.9-acre portion ofa 41- acre parcel. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARING - REQUEST BY FELLOWSHIP BIBLE CHURCH TO EXTEND W ATERAND SEWER SERVICE OUTSIDE OF THE SEWER AND WATER AREA (SWSA). THIS PARCEL IS LOCATED ON THE SOUTH SIDE OF MIDDLE ROAD (ROUTE 628) AND THE NORTH SIDE OF APPLE VALLEY ROAD (ROUTE 652) IN THE BACK CREEK MAGISTERIAL DISTRICT AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 63-A-14 - APPROVED Assistant Planning Director Evan Wyatt presented this request to the Board. Supervisor Sager inquired whether the houses North of this location are currently being served by the Sanitation Authority. Mr. Wyatt replied no they are not. Supervisor Sager explained that he would like to see those with failing septic systems helped, if possible, should this happen. Richard Hardison, member of the Fellowship Bible Church, appeared before the Board on behalf of this request. Supervisor Shickle asked Mr. Hardison about the easement. Mr. Hardison replied that a meeting with the Blackburns had been discussed, but at this time, nothing had been finalized. Upon motion made by Supervisor Douglas, seconded by Supervisor Sager, the request of Fellowship Bible Church to extend water and sewer service outside the sewer and water service area (SWSA) was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Aye Robert M. Sager - Aye Board of Supervisors Meeting of 11/10/99 Minnte Book Number 26 369 Charles W. Orndoff, Sr. - Aye PUBLIC HEARING - UPDATE OF THE 2000-2001 FREDERICK COUNTY SIX YEAR PLAN FOR SECONDARY HIGHWAYS AND SETTING BUDGET PRIORITIES FOR FISCAL YEAR 2000-2001 THROUGH 2005-2006 - APPROVED Zoning Administrator Mike Ruddy presented this updated plan to the Board. There was no public input. Upon motion made by Supervisor Sager, seconded by Supervisor Shickle, the 2000 - 200 I, Secondary Road Improvement Plan Update was approved as presented by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye OTHER PLANNING ITEMS: SUBDIVISION APPLICATION - FRANK W. NICHOLS PROPERTY - APPROVED UNDER CONSENT AGENDA This is for a subdivision of a 29,740 square-foot tract into two lots. ROAD RESOLUTION - NEGLEYLAND - APPROVED UNDER CONSENT AGENDA This request is for 0.05 miles within Negleyland. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT The Public Works Committee met on Tuesday, October 26, 1999, at 8 :00 a.m. All members were present. The following items were discussed: ***Items Requiring Action*** 1. Drillinl! and Blastinl! - Cell I. Phase II. Frederick County Landfill (Attachment 1) - Approved The Director of Public Works presented the Request for Proposal results for a drilling and blasting contract for Cell I, Phase II, ofthe Municipal Solid Waste landfill. Based on the results, the Directorrecommended that the proposal from General Excavation, Inc., in the amount of$143,520 be accepted. This project was included in this year's capital improvement plan for the landfill. Adequate funding is available. A motion was made by Jim Wilson and seconded by Tom Offutt to accept the proposal. The motion was unanimously approved by the committee. Upon motion made by Supervisor Orndoff, seconded by Supervisor Sager, the above request Board of Supervisors Meeting of 11/10/99 Minute Book Number 26 31'0 was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye 2. Orchardale Proffer (Attachment 2) - Postponed The owners of The Orchardale subdivision have offered a one time lump sum payment of $50,000 to help Frederick County resolve some of the drainage problems near the intersection of state Routes 669 and 670 (Ruebuck Lane). These drainage improvements will benefit existing residents living in the Gordondale and Carrollton subdivisions. Frederick County and The Virginia Department of Transportation have already implemented some drainage improvements under and adjacent to Ruebuck Lane. The funds would be used to expand these improvements. A motion was made by Jim Vickers and seconded by Jim Wilson to accept these funds in the amount of $50,000. The motion was unanimously approved by the committee. Supervisor Orndoff moved for approval with Supervisor Douglas seconding the motion. Supervisor Shickle questioned the acceptance of the funds, and whether or not the $50,000 would cover the cost. County Administrator Riley explained that no, it would not; however, it would help and that Public Works Director Ed Strawsnyder could not be at this meeting, due to illness. He further explained that Mr. Strawsnyder is the one that has worked directly with this situation and could explain it in more detail. Supervisor Shickle stated that he has a problem approving the $50,000. Supervisor Orndoffwithdrew his motion for approval, and Supervisor Douglas withdrew her second to the motion. Upon motion made by Supervisor Orndoff, seconded by Supervisor Shickle, this request is postponed until the next Board meeting when Mr. Strawsnyder can be present. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Absent Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye ***Items Not Requiring Action*** 1. SUP{llemental Appropriation Reauests Board of Supervisors Meeting of 11/10/99 Minute Book Number 26 ~7.1 a. Design Services for Echo Village Bid Documents. (Attachment 3) b. Reimbursement for the CSX Agreement Fee. (Attachment 4) c. Design Services for Lakeside Library. (Attachment 5) The above supplemental appropriation requests were presented by the Director of Public Works. Items a. and c. were basically approved in FY 98/99 but were not carried forward. These were approved under a consent vote by the committee. Item b. was necessary because of the ongoing design and construction ofthe Echo Village Sewer Improvement project. These costs were incurred relative to the permit required by the CSX railroad and represent a reimbursement to the City of Winchester. The committee unanimously approved this request. All ofthe above requests will be forwarded to the Finance Committee for their review and approval. 2. Desil!:n Services for the Renovation of the Old Frederick County Court House The Director of Public Works presented a proposal to prepare design documents for the renovation of the Old Court House. After discussing this issue in detail, the committee recommended that a preliminary demolition plan be developed prior to initiating any detailed design. Furthermore, the committee recommended that bids for the demolition be solicited and presented at the next committee meeting. 3. Drainfields County Administrator, John Riley, presented a pilot program sponsored by The Department of Environmental Quality for funding and installing alternative drainfields in areas where existing systems have failed. After reviewing the loan application and guidelines, the committee recommended that Frederick County contact Loudoun County who has implemented a similar program before proceeding with adopting these guidelines. 4. Miscellaneous Reports A. Tonnage Report (see Attachment 6) B. Recycling Report (see Attachment 7) C. Animal Shelter Dog Report (see Attachment 8) D. Animal Shelter Cat Report (see Attachment 9) BOARD OF SUPERVISORS COMMENTS Supervisor Shickle addressed the issue of proffer funds, and the fact that they cannot be disbursed at this time. He feels the current policy needs to be reviewed and perhaps some changes could be made. Board of Supervisors Meeting of 11/10/99 Minute Book Number 26 312 County Attorney Lawrence Ambrogi, explained that the statue on proffers is not clear and he feels it is a question of procedure. Chairman Longerbeam asked Mr. Ambrogi to meet with County Administrator Riley on this and get it worked out. UPON MOTION MADE BY SUPERVISOR SAGER, SECONDED BY SUPERVISOR SHICKLE, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (Time: 8:15 P.M.) 1\ \ J n R. Riley, Jr. Clerk, Board of Supervisors Minutes Prepared By: t1.., J.nl. I . -3S~.L.-n,"",) Carol T. Bayliss Deputy Clerk, Board of Supervisors Board of Supervisors Meeting of 11/10/99 Minute Book Number 26