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HomeMy WebLinkAboutJuly 08, 1998 Regular Meeting 001 A Regular Meeting of the Frederick County Board of Supervisors was held on July 8, 1998 at 7: 15 p.m.,in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Ajoint worksession with the County Planning Commission, the Comprehensive Plans and Programs Subcommittee, and staffwas conducted at 6:00 p.m., for the purpose of discussing the Southern Frederick Land Use Study. PRESENT: Chairman James L. Longerbeam; Vice Chairman Richard C. Shickie; W. Harrington Smith, Jr.; Charles W. Orndoff, Sr.; Robert M. Sager; and Margaret B. Douglas. Board member Smith was not present for the worksession. PLANNING COMMISSION MEMBERS: Marjorie H. Copenhaver, George L. Romine, Charles S. DeHaven, Jr., Wayne Miller, and Robert Morris who also serves on the CPPS. COMPREHENSIVE PLANS AND PROGRAMS SUBCOMMITTEE MEMBERS: Jim Golladay, Dave Ganse, Todd Shenk. Assistant Planning Director Evan Wyatt presented the Southern Frederick Land Use Study and explained the outline delineating a proposed approach for the completion of the land use study. This information included a proposed boundary for the land use study area, and information from a study area tour conducted by the CPPS. Mr. Wyatt further explained this plan by using thematic mapping which depicted existing and proposed zoning and land use, along with proposed transportation, water, and sewer improvements, and environmental and historic areas. Supervisor Sager inquired as to whether any of this plan had been discussed with the Sanitation Authority. Supervisor Shickle felt there was a lack of infrastructure in certain areas. Supervisor Orndoff asked about how many of the areas in question co~ld be rezoned to residential. He further asked about plans for providing sewer to the northern end of the county. Supervisor Sager inquired as to the areas that would be more desirable to the Industrial Development Authority. Assistant Planner Wyatt explained that these are questions that need to be discussed and '-- resolved by the Board. Supervisor Shickle advised that he feels the area near Middle Road (that looks like a hatchet on the map) should be included in the plan; however, the Parkins Mill Road area, as shown on the 002 map, should be excluded from the plan. The area of failing septic systems was addressed and Planning Director Kris Tierney asked the Board members as well as the planning commission members, to let the planning staff know what their thoughts are in this area as this plan needs to be made very clear. Assistant Planning Director Evan Wyatt advised that the boundaries would be adjusted as requested by early Fall. --" BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by Supervisor Sager, 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(l) (5) and (7) to Discuss Personnel, Economic Development Industrial Prospect and Legal Issues. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. -(Not present at this time) 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 Sager, seconded by Supervisor Shickle, the Board withdrew from executive session. This 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, Sf. - Aye BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the Board reconvened into regular session and certified nothing other than what was noted as reason for going into executive session was discussed. ~ The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye 003 Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye CALL TO ORDER Chairman Longerbeam called the meeting to order. INVOCATION The invocation was delivered by Supervisor Sager in absence of a minister. ADOPTION OF AGENDA Supervisor Douglas requested that Tab I, Resolution Requesting the Frederick County Industrial Development Authority to Issue Lease Revenue Bonds to Finance Library Facilities, be pulled in order that other options might be considered and this request be brought back to the Board in 30 days. County Administrator Riley asked that Tab S, Proposed Amendments to the Woodlands and Steep Slope Portions of the Zoning Ordinance, be pulled. He further asked that a memo from the director of Public Safety Communications requesting that certain capital improvements funds in the FY97 -98 budget be carried over into the FY 98-99 budget be added to the agenda. Upon motion made by Supervisor Douglas, seconded by Supervisor Sager, the agenda was adopted 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 consent agenda: 1. Appointments to the Shawnee-Land Sanitary District Advisory Committee - Tab D; 2. Resolution Designating the Community Services Board as an Operating Community Services Board - Tab F; 3. Resolution Re: Sale of Shawnee-Land Lot - Tab J; 4. Road Resolutions - Deer Run of Sherando and Village at Sherando - Tab R; 5. Parks and Recreation Commission Report - Tab V; 6. Landfill Oversite Committee Report - Tab W; 004 7. Emergency Communications Commission Report - Tab X. Upon motion made by Supervisor Sager, 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 Chairman Longerbeam explained that he realized there were citizens in attendance at the meeting due to the Handley Library Resolution being on the agenda, and even though it has been pulled, if they felt they would still like to address the Board at this time they may do so. Kenneth Y. Stiles, Stonewall District, feels serious consideration needs to be given by the Board to funding this project out of fund balance over the next two years. He thanked Supervisor Douglas for her efforts on behalf of this project and for requesting that it be pulled from tonight's agenda in order that other possible funding options could be explored. Mike Milam, owner of Milam's Landscaping located in Opequon District, expressed his thanks to the Board for working with him in order that he might obtain his conditional use permit. Roger Koontz, Gainesboro District, concerned about the cost figure for construction of the Handley Library Branch. He feels a branch is needed, but questions the cost. Donald Luttrell, Opequon District, referred to information that he had provided in a handout to each Board member prior to the meeting. He reminded the Board that their responsibility as a Board member is to the people that elected them, not to themselves. Agrees that the library is necessary, but not at the site the Board has chosen. Pat Pickavance, Gainesboro District, does not feel the library should be built with IDA funds. MINUTES Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the minutes of the regular meeting of June 9, 1998, were approved as submitted by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye t_ ___I 005 Charles W. Orndoff, Sr. - Aye COUNTY OFFICIALS JUDGE ROBERT K. WOLTZ AND MARY JANE LIGHT ADDRESSED THE BOARD ON BEHALF OF THE WINCHESTER-FREDERICK COUNTY HISTORICAL SOCIETY. AND PRESENTED THEM WITH A PICTURE OF HISTORICAL HOMES AND BUILDINGS LOCATED WITHIN FREDERICK COUNTY AND THE CITY OF WINCHESTER COMMITTEE APPOINTMENTS GARY A. DUBRUELER APPOINTED TO LOCAL EMERGENCY PLANNING COMMITIEE Upon motion made by Supervisor Shickle, seconded by Supervisor Orndoff, Gary DuBrueler was appointed to the Local Emergency Planning Committee 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 ADMINISTRATOR JOHN R. RILEY. JR.. AND PLANNING DIRECTOR KRIS TIERNEY REAPPOINTED TO THE WRD FAIRFAX PLANNING DISTRICT COMMISSION FOR TWO YEARS Upon motion made by Supervisor Smith, seconded by Supervisor Sager, County Administrator John R. Riley, Jr., and Planning Director Kris Tierney were reappointed to the Lord Fairfax Planning District Commission for two years. This term will commence on September 30, 1998, and expire on September 30,2000. 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 APPOINTMENTS TO THE SHAWNEE-LAND SANITARY DISTRICT ADVISORY COMMITIEE - APPROVED UNDER CONSENT AGENDA Raymond R. Leckliter, Jr., Charity N. Clements, and Frank Perkinson were appointed to the Shawnee-Land Sanitary District Advisory Committee to fill a vacant seat and replace the two outgoing members of the Advisory Committee. These appointments are for a three year term, said term to expire June 30, 2001. DOS REOUEST FROM FREDERICK COUNTY RISK MANAGER FOR INSURANCE TRANSFERS-APPROVED County Administrator Riley presented this request to the Board advising that this would provide more coverage and better service and would also include the constitutional officers. Supervisor ShicIde inquired as to whether any other bids were sought. County Administrator Riley replied no. Upon motion made by Supervisor Douglas, seconded by Supervisor Smith, the county will change insurance carriers from the state V ARisk program to General Star through the V ACo Insurance Programs. With this change, the county will have a higher level of coverage - $1 million policy with $3 milIion excess, responsive service and increased assistance. This policy would begin on July I, 1998. The above request was approved by the foIlowing recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Nay Charles W. Orndoff, Sr. - Nay RESOLUTION (#001-98) DESIGNATING THE COMMUNITY SERVICES BOARD AS AN OPERATING COMMUNITY SERVICES BOARD - APPROVED UNDER CONSENT AGENDA RESOLUTION DESIGNATING THE COMMUNITY SERVICES BOARD FOR THE COUNTY OF FREDERICK, VIRGINIA AS AN OPERATING COMMUNITY SERVICES BOARD WHEREAS, Virginia Code S37.1-194 requires each locality to designate the type of Community Services Board through which it provides Mental Health, Mental Retardation, and Substance Abuse Services to its residents; and WHEREAS, the County of Frederick, Virginia delivers its services through the Northwestern Community Services Board; and WHEREAS, this Community Services Board, through its Board of Directors appointed by the local government, sets policy for the provision of Mental Health, Mental Retardation, and Substance Abuse Services that are provided through Community Services Board staff or contract with other organizations and providers; and WHEREAS, this model most closely fits the definition of "Operating Community Services Board" as outlined in the law. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors for the County of Frederick, Virginia, that Northwestern Community Services Board is hereby designated as an Operating Community Services Board with the duties and responsibilities conferred upon it by law and such other duties and responsibilities assigned by this body. 11 ADOPTED this 8th day ofJuly 1998. RESOLUTION (#002-98) RE: GRIM TRUST PROPERTY - APPROVED AS AMENDED County Administrator Riley presented this resolution to the Board. Supervisor Smith moved to approve the resolution, with Supervisor Sager seconding the motion. Supervisor Sager inquired as to whether the City of Winchester had made their commitment. County Administrator Riley replied that they had. Supervisor Shickle advised that he was not comfortable with the resolution as written. Following further discussion by the Board, Supervisor Smith moved to amend the original resolution and Supervisor Sager seconded the motion to read: "The Board of Supervisors would have the opportunity to review prior to the expenditure of any funds or Frederick County being obligated in any financial way, and further, the Board of Supervisor's will have at least one additional hearing on this matter". The above amended 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 RESOLUTION GRIM TRUST PROPERTY WHEREAS, the Board of Supervisors of the County of Frederick, Virginia, supports the preservation of 342 acre Kernstown Battlefield site owned by the Charles Hardy Grim Charitable Trust; and WHEREAS, the Kernstown Battlefield Association is seeking to acquire the 342 acre Grim Trust property in order to preserve the battlefield site and to establish a battlefield park; and WHEREAS, Frederick County previously made a contribution of $250,000.00, which is being held by the Trustee of the Grim Trust, towards a proposed purchase ofland from the Trust, which contribution is a part of the local match for the ISTEA grant of $1.09 million dollars obtained for the purchase of the battlefield property, and which contribution is accruing interest pursuant to an order entered by the Circuit Court for the City of Winchester; and WHEREAS, Frederick County desires to reaffirm its commitment toward the purchase of the battlefield property; however, prior to the expenditure of any funds or Frederick County being obligated in any financial way, the Board of Supervisors will have at least one additional hearing on this matter. NOW, THEREFORE, BE IT RESOLVED, that the contribution of Frederick County with 007 100 the Trustee of the Charles Hardy Grim Charitable Trust in the amount of $250,000.00, plus accrued interest, shall be available to the Kernstown Battlefield Association to be used as a part of the purchase price for the purchase of Kerns town Battlefield property from the Trust. ADOPTED this 8th day ofJuly, 1998. Upon motion made by Supervisor Orndoff, seconded by Supervisor Shickle, the above amended 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 RESOLUTION (#003-98) EXTENDING THE TERM OF THE FREDERICK COUNTY SANITATION AUTHORITY - APPROVED AS AMENDED WHEREAS, the Board of Supervisors (the "Board") of Frederick County, Virginia (the "County"), adopted a resolution on April 17, 1967, creating the Frederick County Sanitation Authority (The "Authority"); and WHEREAS, on April 25, 1977, the Board adopted a resolution extending the term of the Authority for 50 years from the date of such adoption; and WHEREAS, the Authority desires to acquire, construct and equip improvements to its water system, including the acquisition, construction and equipping of water transmission lines and a water storage tank; WHEREAS, the Authority expects to finance such capital improvements with a loan from the Virginia Resources Authority, the term of which is expected to extend for a period longer than the present life of the Authority. BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA: 1. In accordance with Section 15.2-5144 of the Code of Virginia of1950, as amended, the term of the Frederick County sanitation Authority is hereby extended for a period of31 years from the date of the adoption of this resolution. 2. This resolution shall take effect immediately. 3. The Clerk of the Board of Supervisors is hereby directed to send a certified copy of this resolution to the State Corporation Commission of Virginia. Upon motion made by Supervisor Shickle, seconded by Supervisor Sager, the above resolution 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 009 DIRECTOR OF PUBLIC SAFETY COMMUNICATIONS REOUEST TO CARRY- FORWARD FY 97-98 FUNDS - APPROVED The Director of Public Safety Communications is requesting to carry-forward the following budget items. These line item funds are to be used for completion and equipping of the new Emergency Operations Center. This amount is needed for specific equipment that could not be purchased/leased until construction was completed in the new center: 3506-7007 ADP Equipment 3506-7800 Buildings 3506-8001 Lease/Rental of Equipment $ 14,398.00 $138,293.22 92,884.00 Upon motion made by Supervisor Sager, seconded by Supervisor Shickle, 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, Sf. - Aye RESOLUTION (#004-98) REOUESTING THE FREDERICK COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY TO ISSUE LEASE REVENUE BONDS TO FINANCE LIBRARY FACILITIES - PULLED FOR 30 DAYS RESOLUTION (005-98) RE: SALE OF SHAWNEE-LAND LOT - APPROVED UNDER CONSENT AGENDA RESOLUTION SALE OF SHAWNEE-LAND SANITARY DISTRICT LOT WHEREAS, pursuant to Section 21-118, Code ofVlfginia (1950, as amended) the governing body ofa sanitary district shall have the power and duties, subject to the conditions and limitations prescribed therein, to sell property determined to be in the best interest of the sanitary district, WHEREAS, the Board of Supervisors of Frederick County, Virginia, the governing body of the Shawnee-Land Sanitary District, resolved, after a public hearing held on May 10, 1989, and after finding that it is in the best interest of the Shawnee-Land Sanitary District, to sell real estate described as Lot 63, Plat 4, Section 13, NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia, authorizes the Shawnee-Land Sanitary District, by its manager, or designated agent, to sell this real estate and execute this quitclaim deed, on its behalf, to the successful bidder, hereinafter called the Grantee. ADOPTED this 8th day ofJuly, 1998. RESOLUTION (006-98) AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE THE MEMORANDUM OF UNDERSTANDING (MOm BETWEEN ZEIGLER, INDUSTRIAL DEVELOPMENT AUTHORITY AND THE ECONOMIC DEVELOPMENT COMMISSION - APPROVED County Administrator Riley presented this request to the Board. 01 RESOLUTION Upon motion duly made by Richard C. Shickle, seconded by Charles W. Orndoff, Sr., and on the votes hereafter recorded, BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia, approved, by resolution, at their regular meeting on June 9, 1998, payment of $34,000 to the Frederick County Industrial Development Authority from the Frederick County Economic Development Incentive Fund to assist in the site development for Zeigler Manufacturing Company, subject to an executed Memorandum of Understanding outlining a performance criteria of the county. BE IT FURTHER RESOLVED, that the Board of Supervisors of Frederick County, Virginia, does authorize the county administrator to execute this document on its behalf. ADOPTED this 8th day ofJuly 1998. Upon motion made by Supervisor Shickle, seconded by Supervisor Orndoff, the above resolution was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Abstained Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARING - PROPOSED JONES ROAD (ROUTE 621) IMPROVEMENT PROJECT - THE PURPOSE OF THIS PUBLIC HEARING IS TO PROVIDE FREDERICK COUNTY CITIZENS AN ADDmONAL OPPORTUNITY TO OFFER THEm COMMENTS REGARDING THIS PROJECT - DUE TO OVERWHELMING RESPONSE BY CITIZENS LIVING IN THIS AREA OPPOSED TO THIS PROJECT VIRGINIA DEPARTMENT OF TRANSPORTATION WILL NOT PURSUE THE PROJECT The following citizens appeared before the Board in opposition to this proposal: John Parona, Steve Labell, Jean Thompson, Clara Journell Locke and Jennifer Esler representing Glen Burnie and Rose Hil1. Irv Pension of Greenfield Avenue is the only citizen that spoke in favor ofthis plan. Chairman Longerbeam asked for a show of hands of those citizens that actually reside on Jones Road and are opposed to this plan as presented by VDOT. Approximately 35 citizens raised their hands. Upon motion made by Supervisor Douglas, seconded by Supervisor Smith, the improvement project for Jones Road as presented by VDOT is hereby abandoned due to the overwhelming opposition by citizens living on this road. The above motion was approved by the following recorded vote: 0'11 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 Shickle thanked VDOT staff for all their assistance with this project. Board members inquired of VDOT staff as to what the county options were concerning the funds that had been set aside for this project, could they be transferred to other top priority projects in order to expedite these projects? Resident Engineer Jerry Copp explained that he would make this information available to the Board as the final decision would be left up to them. PLANNING COMMISSION BUSINESS: PUBLIC HEARING - CONDmONAL USE PERMIT #002-98 SUBMITTED BY ROY R. BEATTY. TO OPERATE A PUBLIC GARAGE WITH BODY REPAIR. mIS PROPERTY IS LOCATED AT 621 KLINE'S MILL ROAD. AND IS IDENTIFIED wrm PROPERTY IDENTIFlCA nON NUMBER 84-A-27C IN mE BACK CREEK MAGISTERIAL DISTRICT - APPROVED Zoning Administrator Eric Lawrence presented this request to the Board noting that staff and planning commission recommended approval with conditions. There was no public input. Upon motion made by Supervisor Sager, seconded by Supervisor Smith, conditional use permit #002-98 was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Abstained Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARING - REZONING #009-98 OF ALLIED WOOD PRODUCTS. SUBMITTED BY PAINTER-LEWIS. P.L.C.. TO REZONE 15 ACRES FROM RA (RURAL AREAS) TO Ml (LIGHT INDUSTRIAL) ZONING DISTRICT. THIS PROPERTY IS LOCATED AT 2546 MARTINSBURG PIKE. AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 44-A-41 AND 44-A-42 IN THE STONEWALL MAGISTERIAL DISTRICT - APPROVED Assistant Planning Director Evan Wyatt presented this request to the Board. There was no public input. Upon motion made by Supervisor Orndoff, seconded by Supervisor Sager, rezoning request #009-98 was approved as presented by the following recorded vote: '012 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 - PROPOSED AMENDMENTS TO THE FREDERICK COUNTY CODE. CHAPTER 165. ZONING: ARTICLE IV. SUPPLEMENTAL USE REGULATIONS: SECTION 165-48.6 "COMMERCIAL TELECOMMUNICATION FACILITIES". THE PROPOSED AMENDMENTS MODIFIES THE EXISTING COMMERCIAL TELECOMMUNICATION FACILITIES REQUIREMENTS TO REQUIRE AN AFFIDAVIT CONFIRMING THE LANDOWNER'S RESPONSIBILITY TO REMOVE SUCH COMMERCIAL TELECOMMUNICATION FACILITIES ONCE DEEMED ABANDONED. THE AMENDMENT ALSO REQUIRES THAT AN ATTEMPT BE MADE TO CO- LOCATE COMMERCIAL TELECOMMUNICATION FACILITIES PRIOR TO REOUESTING A CONDITIONAL USE PERMIT TO ENABLE THE NEW CONSTRUCTION OF SUCH FACILITIES - APPROVED Zoning Administrator Lawrence presented this request to the Board. Supervisor Shickle asked how the owners of those towers that had already received approval would be notified. Supervisor Sager explained that he did not like the attitude of administration of the telecommunications companies when they have said that fire and rescue could not "hook on" as a free community service to them. He feels this is a community service and should be aIlowed, and he i personally feels this needs to be addressed. The question of who is responsible for the tower was raised - is it the landowner or the company that owns the tower. Planning Director Kris Tierney explained that the company is leasing the property on which the tower has been erected, and the landowner is responsible for what happens on his property. He further explained to the Board that any new tower would need a conditional use permit. Rick Brown, resident of the City ofWmchester and owner of property in the County, advised the Board that these property owners are receiving any where from $500 to $1000 per month for up to 25 years of income from leasing this property to these telecommunications companies. He feels the issue here is the income the landowners are receiving and what responsibility rest with them. Upon motion made by Supervisor Smith, seconded by Supervisor Shickle, the above proposed amendments to the Frederick County Code were approved as presented by the fOIlowing recorded vote: 013 James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Nay Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Nay PUBLIC HEARING - PROPOSED AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 165. ZONING: ARTICLE IV. SUPPLEMENTAL USE REGULATIONS: SECTION 48.1 "RESTAURANTS". THE PROPOSED AMENDMENT WOULD ALLOW FOR EATING PLACES (SIC 5812). WITH GROSS FLOOR AREAS OF LESS THAN 250 SOUARE FEET. TO BE LOCATED OUTSIDE OF SHOPPING CENTERS. THIS APPLICATION WOULD PERTAIN TO PROPERTIES LOCATED WITHIN THE B1 NEIGHBORHOOD BUSINESS DISTRICT. THE AMENDMENT WOULD ALSO REPLACE THE WORD "RESTAURANTS" WITH THE WORDS "EATING PLACES" - DENIED Zoning Administrator Lawrence presented this request to the Board. Supervisor Sager questioned certain sections of the Code and what it said about restaurants, as well as parking and restrooms being made available to the general public. Planning Director Kris Tierney advised the Board that these type of uses are allowed in B-2 zonmg. Supervisor Shickle explained that he feels B-1 zoning has a problem and he feels it needs to be fixed, not tacked on to. Chairman Longerbeam stated that he felt this was spot zoning if he ever saw it and he feels it is wrong. Planning Director Tierney explained to the Board that they had approved other requests for B-1 zoning such as Cardinal Glass; however, if they felt this request was inappropriate, then they should deny it. Supervisor Sager feels that everyone should be afforded the same opportunity. There was no public input. Upon motion by Supervisor Smith, seconded by Supervisor Shickle, the above amendment request was denied 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 RECESS ~__p l_u I j 014 The Board took a 5 minute recess. OTHER PLANNING ITEMS: MASTER DEVELOPMENT PLAN #004-98 - TASKER ROAD LAND BAYS 1-9- APPROVED Assistant Planning Director Wyatt presented this request to the Board. Supervisor Sager asked about the build out time on this project as the intersection of Route 636 and 277 averages two accidents per week. Chuck Maddox ofGW. Clifford & Associates, advised the Board that the build out plans for this project was eight to ten years. Supervisor Sager stated that his only concern was traffic. Board members had some concerns and questions about the approval process once the master development plan is approved by the Board. Supervisor Sager moved for approval with Supervisor Smith seconding the motion. 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 ROAD RESOLUTIONS - DEER RUN OF SHERANDO AND VILLAGE AT SHERANDO - APPROVED UNDER CONSENT AGENDA DISCUSSION - PROPOSED AMENDMENTS TO THE WOODLANDS AND STEEP SLOPE PORTIONS OF THE ZONING ORDINANCE - PULLED FOR FURTHER STUDY MEMORANDUM RE: LAND A PPLICA TION OF BIOSOLIDS - BOARD DIRECTIVE IS FOR PLANNING STAFF TO MEET WITH LOCAL FARM BUREAU FOR DISCUSSION OF THIS REGULATION AND ENFORCEMENT PROCEDURE AND REPORT BACK TO THE BOARD PROPOSED BOUNDARY LINE ADJUSTMENT BETWEEN FREDERICK COUNTY AND STEPHENS CITY - ACCEPTED AS INFORMATION - WILL GO THROUGH NORMAL PROCESS COMMITTEE REPORTS: PARKS AND RECREATION COMMISSION - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on May 19, 1998. Members present were: Robert Hartman, Charles Sandy, Timothy Hockman, Cheryl Swartz, Robert Roper, Steven Spitzer, and Margaret Douglas. 015 The following items were discussed and submitted for the boards information only: 1. Policy: Review and Implementation of New Proeramminl! Mr. Spitzer moved to adopt the policy, seconded by Mr. Hockman, carried unanimously (5- 0). 2. Policv: Field Cancellations Mr. Hockman moved to adopt the policy; seconded by Mrs. Swartz, carried unanimously (5- 0). 3. Policy: Nil!bt Tournaments: Mrs. Swartz moved to adopt the policy amendment, seconded by Mr. Spitzer, carried unanimously (5-0). LANDFILL OVERSITE COMMITTEE - APPROVED UNDER CONSENT AGENDA The landfill oversight committee met on Tuesday June 9, 1998, at 8:00 a.m. in the first floor conference room at the Frederick County Administration Building. Present were committee members Gary Lofton, David Ash, Mike Noel, Charles W. Orndoff, Sf., Jim Wilson, and staff members Director of Public Works Harvey E. Strawsnyder, Jr., P.E., Landfill Manager Steve Frye, Environmental Technician Ron Kimble, and Frederick County Recycling Coordinator Gloria Puffinburger. The following items were discussed: 1. Uodate on ConstructionlDemolition Debris Landfill An opening date of July 1, 1998, has been established for the new ConstructionlDemolition Debris (CDD) landfill. A tipping fee of $32.00 per ton has been established for the CDD landfill. The opening of the new CDD will require more intense waste screening to insure that only approved waste materials are disposed of in the new facility. 2. New Personnel Reauest The opening of the new COO landfill and increased environmental permitting demands necessitate the need for additional personnel. Those personnel include two (2) landfill technician III positions, one (1) spotter and one (1) scale operator/environmental technician. The scale operator/environmental position is required to assist the environmental manager in performing daily monitoring functions as well as maintaining testing records. This position would also operate the weigh scales when needed to relieve the full-time scale operator and perform waste screening inspections. (Attacbment 1) The landfill technician ill positions would be utilized to supplement our current staff in order to provide full-time coverage at the CDD landfill and the Municipal Solid Waste (MSW) landfill. This additional staffing would allow us to continue the practice of completing necessary projects with in- house forces. This additional staffing will also allow us to maintain Saturday hours of operation. Duties of these positions would range from equipment operations to waste inspections. The additional spotter position would be needed at the COD landfill to inspect every load and control traffic. This position would also perform random waste inspections. A motion was made by Charles W. Orndoff, Sr. and seconded by Gary Lofton, to approve the request for four (4) new positions. The motion was unanimously approved by the committee. 3. Update on Acouisition of Rilev Property Frederick County has engaged the service of H.K. Benham, III, Esquire, to represent the 016 landfill in its negotiation with Mr. Peter P. Riley for the acquisition of his 320 acre farm in Clarke County. After waiting over four (4) weeks to receive an asking price, Mr. Benham recommended that we tender an offer to Mr. Riley to start the negotiation process. The offer will be less than the limits previously established by the committee. A July 15, 1998, date has been established as a reply date for our offer. 4. Landfill Tour A landfill tour has been scheduled for June 30, 1998. Gary Lofton has kindly agreed to provide a city bus to transport interested parties to the landfill. The bus will leave the parking lot behind the county office complex at 9:00 a.m. The tour is open to all supervisors, council members and interested staff members of the three (3) municipalities. The tour will visit the new CDD landfill and as well as the ongoing MSW landfill and other points of interest. 5. Municioal RecvcJinl! Facility (MRF) Ed Strawsnyder presented a plan to study the feasibility oflocating a MRF at the landfill. This study would include an evaluation oflocal MRFs, recycling markets, potential labor markets, local recycling practices, costs and future trends. The committee members unanimously endorsed this approach. The landfill staffwill prepare a summary report to be presented at the next meeting of the committee. EMERGENCY COMMUNICATIONS COMMISSION - APPROVED UNDER CONSENT AGENDA The Frederick County Emergency Communications Commission met Monday June 15, 1998, at 5:00 p.m. Commission members present were: Chairman Robert Sager, Sheriff Robert Williamson, Perry Silva and Steve Eells. Also present this date were Public Safety Communications Director John Webb and Frederick County Fire & Rescue Director Gary DuBrueler. The following items were discussed and submitted for the boards information only: 1. Communications Directors Uodate A. RFP for Recordinl! Eauipment There were two bidders on the communications recording equipment: Dictation Corporation and Audio Data Systems. Dictation Corporation was low bidder. Though a final decision has not been made, it appears that the Center will accept the bid from Dictation. B. RFP for Security Eauipment Ofthe five bids presented for the security system, Omni Alarm was the low bidder. C. IFB for Transmitter There was an invitation to bid for base stations transmitters to put up the new fire and rescue transmitter on North Mountain. Only one bid has been received for this from Motorola through C- Com, Inc. Estimated cost is $8,646.00 per transmitter. Discussion continued regarding transmitters and various locations. Two transmitters are scheduled to be purchased at this point. D. Traininl! Status Mr. Webb informed the Commission that he received a letter from Chief Miller of the Winchester Fire Department stating he will no longer allow the training of County dispatchers in fire rescue dispatching at the city. The reason given was that he had too many people in training himself. Another dispatch testing has been conducted looking for the most qualified applicants to fill 01"7 the vacant positions. E. Construction Status Mr. Webb is estimating the Center is 99.5 percent complete. Operational date is still on or about August 1, 1998. Old Business: 1. Freauencies There are four frequencies to operate on. All are on a simplex system which is currently being used. New Business 1. New Fire & Rescue Director Mr. Gary DuBrueler was introduced as the new director of Fire and Rescue Services. 2. EOC Colors SheriffWilliarnson expressed concern over the color selection of the EOC. Mr Webb stated that he would be sure to have representatives of the architect firm Reader & Swartz present at the next meeting. Meeting Date The next meeting ofthe Commission will be on Monday, July 20, 1998 at 5:00 p.m. PUBLIC WORKS COMMITTEE The Public Works Committee met on Tuesday, June 30,1998, at 7:30 a.m. Present were board members Charles W. Orndoff, Sr. and W. Harrington Smith, Jr., committee members Jim Wilson and Tom Offutt; County Administrator John R. Riley, Jr., Assistant County Administrator Lauren Carrier, Landfill Manager Steve Frye, Engineering Technician Joe Wilder and Director of Public Works Harvey E. Strawsnyder, Jr., P.E. The following items were discussed and submitted for board action: Supervisor Orndoff presented this report to the Board. 1. Bid for Parkin!!: Lot Imorovements - APPROVED Only one bid in the amount of $60,300.35 was received from Carroll Construction Company for the parking lot improvement project adjacent to the new county office complex. A copy of this bid is attached. Based on a comparison with our previous cost estimates, this bid was considered fair and reasonable. Therefore, the Public Works Director recommended approval so that we could complete the project. (Attachment 1) A motion was made by Tom Offutt and seconded by W. Harrington Smith, Jr., to award the contract to Carroll Construction Company in the amount of $60,300.35. The motion was unanimously approved by the committee. Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith, the above request was approved by the following recorded vote: 0,18 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. Joint Judicial Fiscal Year 1998/1999 Bud!!et Increase - Aooroved as Amended The Public Works Director presented a Fiscal Year 1998/1999 budget increase for the Joint Judicial Center. This increase was initiated by the City of Winchester and exceeded the budgetary estimates previously submitted to Frederick County during our budget process. Basically, the capital improvements have been increased from $80,000.00 to $309,000.00 resulting in a difference of $229,000.00. Based on our financial agreement, Frederick County would be responsible for one-half of this amount or $114,500.00. (Attachment 2) John Riley emphasized that the capital improvements include an amount of$81,000.00 for renovation of a court room. He further indicated that this project should be reviewed and approved by the Joint Finance Committee before approving the funding. Consequently, a motion was made by W. Harrington Smith, Jr. and seconded by Tom Offutt to approve an increase of only $74,000.00 which excludes the court room renovation. The motion was unanimously approved. County Administrator Riley advised the Board that the $74,000 should come from budget contingency line item. Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith, the above request 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 3. Chan!!e Order Number Three: Area I. Phase I. Cell I. ConstructionlDemolition Debris Landfill (CDD) - Aooroved Design deficiencies were discovered after construction of the detention basin associated with the new CDD Landfill. These deficiencies necessitated remedial action by the contractor, Perry Engineering Company, Inc., to correct the problem. Because these deficiencies as described in the attached letter dated June 12,1998, were design related, Triad Engineering, Inc. has assumed responsibility for reimbursing Frederick County for the cost of the change order in the amount of $25,387.00. (Attachment 3) To conform to proper procurement protocol, Frederick County will issue a change order in the amount of $25,387.00 to Perry Engineering Company, Inc., to perform the necessary remedial corrections. In turn, Frederick County will invoice Triad Engineering, Inc. for this amount. Based on this explanation, a motion was made by Tom Offutt and seconded by Jim Wilson to approve change order number three in the amount of$25,387.00. The motion was unanimously approved. ---- Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., the above request was approved by the following recorded vote: James L. Longerbeam - Aye 1; 019 W. Harrington Smith, Jr. - Aye MargaretB.Douwas-Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 4. Carrv Forwards from Fiscal Year Budl!et 1997/1998 to Fiscal Year Budl!et 1998/1999 The Director of Public Works presented a list of projects and corresponding funding to be carried forward into the new Fiscal Year 1998/1999 budget. These projects and funding are summarized in the attached memorandum dated June 24, 1998. (Attachment 4) After discussing each of these items in detail a motion was made by Harrington Smith and seconded by Tom Offutt to approve the requests as submitted. The motion was unanimously approved. Following the meeting, it was discovered that it would be necessary to carry forward an amount of $192,134.57 from line item 4304-5605-05 County Share-Joint Judicial Center Maintenance. This amount represents the balance of the county's share of the joint judicial center financial obligation. Payments have been withheld pending the city reimbursing the county for their share of costs for the regional airport. Upon motion made by Supervisor Orndoff, seconded by Supervisor Shickle, the above request was amended to reduce the original requested amount by $21,024.00 representing the amount that is still outstanding from the City of Winchester. 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 The following items were discussed and presented to the board for information only: 1. Miscellaneous ReDorts a. Tonnage Report (see Attachment 5). b. Recycling Report (see Attachment 6). c. Animal Shelter Cat Report (see Attachment 7). d. Animal Shelter Dog Report (see Attachment 8). PERSONNEL COMMITTEE The Personnel Committee was scheduled to meet on Wednesday, July 1, 1998. Due to lack of a quorum, the committee submits the following report, without recommendation, to the Board of Supervisors for consideration. Supervisor Douglas presented this report to the Board. 1. ReQuest From The Public Works Director For Four New Positions - Approved 020 Public Works Director Ed Strawsnyder is requesting approval to hire four new positions at the landfill to help man the new ConstructionlDemolition Debris landfill, perform waste inspections, and assist the scale operator and the environmental technician. These positions have been budgeted in the FY 98-99 Public Works budget (see Attachment A). The above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye ~MgMet B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 2. Review ofInformation Re: Political Subdivision ODtional Health Credit Prol!ram - Countv Will Not ParticiDate Enclosed please find information from the Virginia Retirement System regMding recently revised legislation amending the political subdivision optional health credit program (see Attachment B). FINANCE COMMITTEE The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on June 12, 1998 at 8:00 a.m. Committee member Nicholas Nerangis was absent. Supervisor Smith presented this report to the BOMd. The agenda items are as follows: 1. The Director of Fire and Rescue Requests a General Fund SUDDlemental ADDroDriation in the Amount of $1.131.90 to Line Item 3505-3010-000-000 (Contractual Services) - AODroved This amount represents funds received from the Department of Forestry for reimbursement for the cost of a dry hydrant installation. No additional local funds required. See attached memo, p. 1-6. The committee recommends approval. 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 MMgaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 2. The Director of Fire and Rescue Requests a General Fund ODerational Contin2encv Transfer in the Amount of $3.125.00 for the Local Match to Grant Funds. and a Wall Mounted Six Unit Char2iDl! System - ApDroved Additional local funds Me needed. See attached memo, p. 7-8. The committee recommends approval. Upon motion made by Supervisor Smith, seconded by Supervisor Shickle, the above request 021 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. The Director of Parks and Recreation ReQuests a General Fund Supplemental Appropriation in the Amount 0($1.760.91 to Line Item 7109-3004-000-002 (Repair and Maintenance - Vehicle) - Approved The amount represents insurance reimbursement for vehicle repairs and is requested to be appropriated in the same line item. No additional local funds are needed. See attached memo, p. 9. The committee recommends approval. 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 4. The Director of Fire and Rescue ReQuests a General Fund Supplemental Aporonriation from the Fire Company Capital Fund Balance in the Amount of $4.708.00 Toward the Purchase of a 1998 Chevrolet Blazer (ALS Chase Unit) for Stephens City Volunteer Fire and Rescue Company - Approved These funds will be appropriated to account 3202-5604-050 (Fire Company Capital). See attached memo, p. 10-11. The committee recommends approval. Upon motion made by Supervisor Smith, Jr., 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 BOARD OF SUPERVISORS COMMENTS Supervisor Sager expressed his concerns once again on the traffic situation within his district. He is very concerned about the roads and the traffic that use these roads every day. The building of new homes continues; however, the roads are not being upgraded to handle this increase in traffic. UPON MOTION MADE BY SUPERVISOR SAGER, SECONDED BY SUPERVISOR ORNDOFF, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS 022 BOARD, THIS MEETING IS HEREBY ADJOURNED. (ft5:.-<:(~ Jo R. Riley, Jr. Clerk, Board of Supervisors , Minutes Prepared By: ~:;;:T~Ba;':iss :{~:;'~tJ'1 J( 'loJ-" Deputy Clerk, Board of Supervisors