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August 12, 1998 Regular Meeting 023 A Regular Meeting of the Frederick County Board of Supervisors was held on August 12, 1998 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; W. Harrington Smith, Jr.; Charles W. Orndoff, Sr.; Robert M. Sager; and Margaret B. Douglas. 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 Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the agenda was adopted 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 CONSENT AGENDA County Administrator Riley suggested the following tabs for approval under consent agenda: 1. Parks and Recreation Commission Report - Tab M; 2. Emergency Communications Commission Report - Tab N. Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the consent agenda, as noted above, 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 CITIZEN COMMENTS Chairman Longerbeam explained that he was aware of the fact there were citizens attending the meeting that wished to express their thoughts on the Handley Library issue. He was proposing that 2 minutes be allotted under Tab (II) when this issue is presented to the Board later in the 024 meeting. MINUTES Supervisor Orndoff advised that on page 30 the motion at the top of the page it has Supervisor Smith making the motion and also seconding the motion. Supervisor Shickle advised that on page 2 where he is discussing the land use map, it should read as follows: "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 map should be excluded from the plan. " Upon motion made by Supervisor Sager, seconded by Supervisor Orndoff, the minutes of July 8, 1998 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 COMMITTEE APPOINTMENTS: CAROL LEHMAN REAPPOINTED TO HISTORIC RESOURCES ADVISORY BOARD FROM BACK CREEK DISTRICT Upon motion made by Supervisor Douglas, seconded by Supervisor Sager, Carol Lehman was reappointed to the Historic Resources Advisory Board from Back Creek District for a four year term. This term wilI commence on September 14, 1998 and expire on September 14, 2002. 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 WALTER M. QUINN REAPPOINTED TO SHENANDOAH AREA AGENCY ON AGING Upon motion made by Supervisor Sager, seconded by Supervisor Orndoff, Walter M. Quinn was reappointed to the Shenandoah Area Agency on Aging for a three year term. This term will commence on September 30, 1998 and expire on September 30,2001. The above motion was approved by the following recorded vote: 025 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 FRED L. GLAIZE. ill REAPPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FROM BACK CREEK DISTRICT Upon motion made by Supervisor Douglas, seconded by Supervisor Smith, Fred L. Glaize, III was reappointed to the Industrial Development Authority from Back Creek District for a four year term. This term will commence on November 10, 1998 and expire on November 10, 2002. 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 RICHARD E. WILLIAMS REAPPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FROM BACK CREEK DISTRICT Upon motion made by Supervisor Douglas, seconded by Supervisor Smith, Richard E. Williams was reappointed to the Industrial Development Authority from Back Creek District for a four year term. This term will commence on November 10, 1998 and expire on November 10, 2002. 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 CHAIRMAN LONGERBEAM FROM LORD FAIRFAX COMMUNITY COLLEGE FOR A MEETING AND TOUR WITH THE BOARD OF SUPERVISORS - POSTPONED UNTIL LATER DATE REOUEST FOR ECONOMIC DEVELOPMENT INCENTIVES TO BE CARRIED FORWARD AND APPROPRIATED IN THE CURRENT FISCAL YEAR TOGETHER WITH A SUPPLEMENTAL APPROPRIATION - APPROVED Upon motion made by Supervisor Smith, seconded by Supervisor Shickle, Economic Development incentive funds in the amount of$226,000.00 remaining from the original $500,000.00 budgeted for FY 97-98 will be carried forward and appropriated in the current fiscal year, along with a supplemental appropriation in the amount of $274,000.00. 026 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. Shiclde - Aye Charles W. Orndoff, Sr. - Aye RESOLUTION (#008-98) RE: INDUSTRIAL RAILROAD ACCESS TRACK FUNDS - KRAIT FOODS INC. - APPROVED County Administrator Riley presented this request to the Board. RESOLUTION REGARDING INDUSTRIAL RAILROAD TRACK FUNDS KRAFT FOODS, INC. WHEREAS, Kraft Foods, Inc. has expressed its intent and desire to the Frederick County Board of Supervisors to expand its investment and business operations in regard to the Capri Sun product in Frederick County; and WHEREAS, Kraft Foods, Inc. will require additional rail access; and WHEREAS, the officials of Kraft Foods, Inc. have reported to the county their intent to apply for Industrial Access Railroad Track Funds from the Commonwealth of Virginia's Department of Rail and Public Transportation in the amount of $95,000; and WHEREAS, Kraft Foods, Inc. has requested that the Frederick County Board of Supervisors provide a resolution supporting its application for said funds which are administered by the Virginia Department of Rail and Public Transportation. NOW, THEREFORE, BE IT RESOLVED, that the County of Frederick hereby makes known its desire and intent to assist the Commonwealth Transportation Board to provide the maximum assistance to Kraft Foods, Inc. for the purpose of expanding its manufacturing operations in Frederick County. ADOPTED this 12th day of August 1998. Upon motion made by Supervisor Smith, seconded by Supervisor Shiclde, 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. Shiclde - Aye Charles W. Orndoff, Sr. - Aye RESOLUTION (#010-98) AND MEMORANDUM OF UNDERSTANDING RE: COCA-COLA' BOTTLlNG COMPANY - APPROVED County Administrator Riley presented this request to the Board. RESOLUTION BE IT HEREBY RESOLVED, that the Board of Supervisors of the County of Frederick, Vrrginia, approved, by resolution, at their regular meeting on August 12, 1998, payment of $175,000 027 to the Frederick County Industrial Development Authority from the Frederick County Economic Development Incentive Fund to assist in the site development for Coca-Cola Bottling 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 the County of Frederick, Virginia, does hereby authorize the county administrator to execute this document on its behalf. ADOPTED, this 12th day of August, 1998. Upon motion made by Supervisor Sager, seconded by Supervisor Douglas the above resolution was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye RESOLUTION (#009-98) AND MEMORANDUM OF UNDERSTANDING RE: AB&C GROUP - APPROVED County Administrator Riley presented this request to the Board. RESOLUTION AB&C GROUP WHEREAS, AB&C Group (the Company) has entered into a lease with the Lenoir City Company for a 77,000 square foot facility in the Stonewall 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, mEREFORE, BE IT RESOLVED, that the Board of Supervisors of Frederick County, Vrrginia, approved, by resolution, at their regular meeting on August 12, 1998, payment of $80,000 to the Frederick County Industrial Development Authority from the Frederick County Economic Development Incentive Fund to assist in reducing initial machinery and equipment costs for AB&C Group, subject to an executed Memorandum of Understanding outlining a performance agreement by the Company. BE IT FURmER RESOLVED, that the Board of Supervisors does hereby authorize the county administrator to execute this document on its behalf. ADOPTED this 12th day of August, 1998. Upon motion made by Supervisor Sager, seconded by Supervisor Shickle, 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 028 HANDLEY REGIONAL LmRARY BRANCH FUNDING - APPROVED County Administrator John Riley explained to the Board their options as was presented in the agenda. The following citizens appeared before the Board to express their thoughts on this funding request: Maxine Jacobin, county representative on the Handley Library Board, endorses the construction of a regional library branch. Peggy HMn, county representative on the Handley Library Board, endorses the construction of a regional library branch. Jan Yowell, resident of Frederick County, feels this should be put on ballot allowing everyone the right to choose. Donald W. Luttrell, Opequon District, questions as to whether this dollar amount is necessary. He feels a library is needed, but perhaps at a lesser amount and he does not feel IDA Funds should be used to pay for the project. Sam Lehman, Back Creek District, feels the citizens of Frederick County should have the opportunity to vote on this project. He feels the county is paying too much for out of town legal advice. Feels the funds currently in Unreserved Fund Balance should be used to pay for this project. County Administrator Riley explained to Mr. Lehman that his figures were incorrect as far as the amount currently in the Unreserved Fund Balance, and that the actual amount was $12.7 million. Herano Childs, Shawnee District, referred to the letter that he had sent to each Board member wherein he felt this matter should be put to referendum. Kenneth Y. Stiles, Stonewall District, feels USIng IDA funds for this project IS unconstitutional. He does not agree with "piggy backing" with the City of Winchester on this project. His first preference is to put this matter to referendum and if this is not done then use funds from Unreserved Fund Balance. He further advised that he is in favor of the project, but not in favor of a building that calls for 35,000 square feet. David Kohler, represents city on the Handley Library Board, also owns property in Gainesboro District. He is not in favor of this issue being put to referendum. 029 Dr. Ray Fish, Gainesboro District, feels this matter should be put to referendum. Supervisor Douglas made the following motion: That 3 million dollars be earmarked from Unreserved Fund Balance; I million dollars be obligated when received from Fauquier County upon said county joining the Clarke-Frederick-Winchester Regional Jail. None of the aforementioned funds will be appropriated or requested until the Public Works Committee for Frederick County has reviewed all bid documents. It is requested that staff pursue the design build concept and determine if that concept would be appropriate for the Library Construction Project. The above motion was seconded by Supervisor Smith. 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 PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT - REOUEST OF THE WINCHESTER-FREDERICK COUNTY JAYCEES. PURSUANT TO THE FREDERICK COUNTY CODE. CHAPTER 86. FESTIVALS: SECTION 86-3C. PERMIT REOUIRED; APPLICATION: ISSUANCE OR DENIAL: FOR AN OUTDOOR FESTIVAL PERMIT - APPROVED Beth Riddick, President, Winchester-Frederick County Jaycees, appeared before the Board on behalf of this request. There was no public input. The request for an outdoor festival permit from the Winchester-Frederick County 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, Sr. - Aye PUBLIC HEARING - PURSUANT TO 15.2-930 OF THE CODE OF VIRGINIA. REGULATION OF GARBAGE AND REFUSE PICKUP AND DISPOSAL SERVICES. CONTRACTING FOR SUCH SERVICES. THE COUNTY OF FREDERICK WILL HOLD A PUBLIC HEARING FOR THE PURPOSE OF SOLICITING INPUT REGARDING THE FEAsmILITY OF PROVIDING CURBSIDE TRASH PICKUP IN THE MORE DENSELY POPULATED AREAS OF THE COUNTY - (RESOLUTION #007-98) - APPROVED FOR FURTHER STUDY 030 Public Works Director Ed Strawsnyder discussed this matter with the Board wherein he explained that this was being brought to the Board for their review and recommendation as well as to receive input from the general public. He advised that nothing would be changed from the current policy for at least 5 years. Sandra and John Heyman, owners of Northern Virginia Trash Service, appeared before the Board and expressed their thoughts on how door to door trash pickup could benefit the citizens of the county, especially if it were handled through the homeowners association. Following Board discussion it was their consensus that additional information was needed from staff, as well as the general public, and given the fact that this would not be implemented for at least another 5 years they were basically in agreement with the concept. Supervisor Orndoff moved to approve the following resolution as submitted by Public Works Director Strawsnyder for Curbside Trash Pickup. The motion was seconded by Supervisor Smith. 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 - Nay Charles W. Orndoff, Sf. - Aye RESOLUTION TO PROVIDE RESIDENTIAL CURBSIDE REFUSE PICKUP WHEREAS, Frederick County has identified the need to provide a more cost-effective alternative to meet solid waste disposal needs in a time when the solid waste industry is challenged by increased operational burdens; and WHEREAS, the findings of the Government 12 Service Learning Project confirmed the recommendations of the Public Works Committee and staff identifying the need for more comprehensive disposal alternatives in Frederick County; and WHEREAS, pursuant to Title 15.2 ~ 930 Paragraph B, Frederick County held a public hearing for the purpose of soliciting the publics input regarding the feasibility of providing curbside refuse pickup in the more densely populated areas of Frederick County; NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby resolve to allow for the implementation of curbside refuse pickup in the more densely populated areas of Frederick County following a five-year waiting period as prescribed by the Code of Virginia. ADOPTED this 12th day of August, 1998. PLANNING COMMISSION BUSINESS: PUBLIC HEARING - CONDffiONAL USE PERMIT #004-98 OF WENZEL R. AND GL~NDA F.i DOUSA FOR A NATURAL MINIATURE GOLF COURSE 031 (SEASONAL). THE PROPERTY IS LOCATED AT 154 GAINESBORO ROAD. AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 29-A-73C IN THE GAINESBORO MAGISTERIAL DISTRICT - APPROVED Planner II Mike Ruddy presented this request to the Board noting approval by staff and the planning commission. There was no public input. Upon motion by Supervisor Shickle, seconded by Supervisor Sager, CUP #004-98 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 PUBLIC HEARING - REZONING #010-98 OF W. S. FREY. INe. (CEDAR LAND CO.. L.e.). SUBMITTED BY G. W. CLIFFORD & ASSOCIATES. INe. TO REWNE 31.74 ACRES FROM RA (RURAL AREAS) TO EM (EXTRACTIVE MANUFACTURING) DISTRICT. THIS PROPERTY IS LOCATED APPROXIMA TEL Y 1.600+ FEET EAST OF THE INTERSECTION OF MARTINSBURG PIKE (ROUTE 11 NORTH) AND WALTERS MILL LANE (ROUTE 836). AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 44-A-96 IN THE STONEWALL MAGISTERIAL DISTRICT - POSTPONED FOR 30 DAYS Assistant Planning Director Evan Wyatt presented this rezoning request to the Board advising that staff and planning commission recommended approval with certain recommendations. Steve Gyurisin, of G. W. Clifford & Associates, appeared before the Board of behalf of this request. Supervisor Shickle questioned what was planned as far as the roadway. He further questioned the plans for adjoining property owners Rudolph Martin and Gregory Roberts and whether they were satisfied with what was being proposed. Mr. Gyurisin explained that the road would be hardsurfaced per Virginia Department of Transportation as this is the departments directive. Tina Bragg, resident of Walkers Mill Road, appeared before the Board and expressed her concerns with the blasts that come from the Quarry and the damage that could possibly be done to her home. She further expressed her concerns with the piles of waste that are located on the property, especially in light of what happened two weeks ago during a storm when there was considerable wind. The wells in the area, depreciation of property, as well as the increase of speed on the road 032 once it is hardsurfaced, are also areas of concern. Rudolph Martin, owner of farm located in front of quarry is not in favor of road being built as he feels it will only benefit Frey Quarry, and he too feels the Quarry location needs to be cleaned up. Gregory Roberts, adjoining property owner, asked how much footage would Virginia Department of Highways be responsible for. Feels further clarification is needed on exactly what is being proposed. Supervisor Shickle feels the two property owners, Mr. Martin and Mr. Roberts, need to feel better about what is being proposed with this rezoning request. He further questioned whether or not Hot Run Spring would be affected by this request. He asked if VDOT had talked with the affected landowners. He asked if an Environmental Impact had been conducted. Mark Georgiana, Environmental Engineer with W.S. Frey, Inc. advised Supervisor Shickle that he does not feel this request would have a negative impact on the area and explained about the inspections that are conducted at the Quarry by the Bureau of Mines. Supervisor Shickle asked if what is being proposed by W.S. Frey Company would make conditions worse for the neighbors. Mr. Martin replied yes, as he feels it would have a negative impact on the neighbors. Russ Ebersole, owner of Aberdeen Kennels, expressed his concerns about the condition of the road as well as the traffic count. He feels that W.S. Frey Inc. should assist in the maintenance of this road. He feels the road as it is currently constructed is very dangerous and it is just a matter of time before there is a fatality. Supervisor Orndoff stated that he felt a new road would help in preventing future accidents; however, the road to the kennel is not the issue here. Supervisor Shickle explained that he was not against W. S. Fry, Inc. expanding; however, he was not happy with the details as presented at this meeting. He feels the neighbors who would be mostly affected by this rezoning were entitled to better information than has been provided to them up to this point, as there are several issues and concerns that have not been answered to his satisfaction. Supervisor Orndoff moved for approval of rezoning #010-98 ofW.S. Frey, Inc. Supervisor 033 Douglas seconded the motion. The above motion was denied by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Nay Margaret B. Douglas - Aye Robert M. Sager - Nay Richard C. Shickle - Nay Charles W. Orndoff, Sr. - Aye It was the consensus of the Board that this rezoning request would be postponed for thirty days. Supervisor Shickle asked that answers be made available that were not available at tonight's meeting. COMMITTEE REPORTS: PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on July 21, 1998. Members present were: Timothy Hockman, Cheryl Swartz, Robert Roper, Robert Hartman. Submitted for Board Information Only: 1. Request by Public Works Department Regarding Lakeside Property - Mr. Hartman moved to accept the 16 acres at Lakeside, seconded by Ms. Swartz. The motion was defeated by a vote of 3-0. EMERGENCY COMMUNICATIONS COMMISSION REPORT - APPROVED UNDER CONSENT AGENDA The Frederick County Emergency Communications Commission met Monday July 20, 1998, at 5:05 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, Frederick County Fire & Rescue Director Gary DuBrueler and Chuck Swartz, architect for the firm of Reader & Swartz. The following items were discussed and submitted for the boards information only: 1. Communications Directors Uodate A. Construction Status: Construction is now 100 percent complete. Only a few last minute details are needed for completion. B. Equioment Installation Status: Mr. Webb stated that the consoles are now put together in the communications room. The Central Electronics Bank (CEB) was misplaced by Motorola and shipped to another location. The company shut down production for one day, built a new one and shipped it out next day air. This was all done at Motorolas expense. The consoles are also being programmed this week. 03 The only problem with installation is with Bell Adantic telephone company. Mr. Webb stated that he was extremely concerned because rumors are that Bell Adantic is going on strike during the first weeks of August. C. DisDatcher Status: There are currently three dispatch positions available. Offers of employment have been extended to three individuals for those vacant positions. All of those are pending completion of polygraph examinations and drug screening. At this time Mr. Gary DuBrueler raised questions concerning Emergency Medical Dispatching (EMD). Discussion continued at length. Mr. Webb then stated that the cut-over date for the center is August 5th at approximately 2:00 a.m. The backup date is scheduled for August 12th. Old Business 1. Architectural Review Chuck Swartz from the architect firm of Reader & Swartz was present at the meeting to discuss concerns expressed by SheriffWilliarnson at the June meeting. Next Meetinl! The next meeting of the Emergency Communications Commission will be on August 17, 1998 at 5:00 p.m. PUBLIC WORKS COMMITTEE REPORT The Public Works Committee met on Tuesday, August 4, 1998, at 7:30 a.m. Present were board members Charles W. Orndoff, Sr. and W. Harrington Smith, Jr., committee members Jim WIlson, Jim Vickers and George Ludwig; County Administrator John R. Riley, Jr., Assistant County Administrator Lauren Carrier, Landfill Manager, Steve Frye, Engineering Technician Joe Wilder, Recycling Coordinator Gloria Puffinburger, Environmental Technician Ron Kimble and Director of Public Works, Harvey E. Strawsnyder, Jr., P.E. The following items were discussed and require board action: 1. Purchase of TODsoil and Clav for Future Landfill Proiects - ADDroved The Director of Public Works presented the idea of purchasing excess soil materials from ongoing construction projects in the Frederick CountylWinchester area. These materials would include topsoil and clay which meet our specifications for caps and/or liners. These materials would be designated as a sole source. Frederick County would attempt to negotiate the best price per trucIdoad. This price would be based on the haul distance and the hourly rental rate of the truck. It is also possible that the cost would be shared in the event that the responsible contractor was required to remove the material from the site. It is anticipated that the cost per tandem load could range from $20 to $30 depending on the distance and shared cost. A motion was made by W. Harrington Smith, Jr. and seconded by Jim Vickers to allow the Director of Public Works to purchase surplus soil materials from construction sites provided the purchase is economically beneficial to future landfill projects. 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: 035 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. New Leachate Boldin!!: Pond - ADDroved A plan was presented by the Public Works Director to construct a new leachate holding pond. This pond would be used to augment the storage capacity of our leachate treatment system. The need for this pond has become apparent after reviewing potential treatment flows from the new ConstructionlDemolition Debris (CDD) landfill. This pond will essentially be used for emergency storage during periods of extreme rainfall when allowable discharges cannot match leachate influent flow volumes. The project is estimated to cost $607,500. (See Attachment 1) A motion was made by George Ludwig and seconded by Jim Wilson to approve the project and allow the public works department to proceed with the design and construction. Funding for the project would have to be derived from the landfills retained earnings account. The motion was unanimously approved. Upon motion made by Supervisor Orndoff, seconded by Supervisor Sager, 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 After review by the board of supervisors, the project will be submitted to the landfill oversight committee for their review and approval. The following items were discussed and submitted to the board for information only: 1. Briefin!!: on NewsDaDer Recvclin!!: for June 1998 Since implementing the new newspaper recycling program, Frederick County has realized a total cost reduction of approximately $2,550 for the month of June, 1998. This switch from Browning-Ferris Industries, Inc. to Southeast Paper Recycling Company appears to be a real success for our recycling efforts. (See Attachment 2) 2. Pro Dosed Ma!!:azine Recvclin!!: The company currently operating our newspaper recycling program has offered to provide containers (24 cubic yard) at the landfill and Middletown scales convenience sites for magazine recycling. They propose to pull these containers on an as needed basis and reimburse Frederick County at the rate of$1.00 per ton. 3. Communication Tower Rental Rates Frederick County currently charges certain agencies for the use of a communication tower located on North Mountain. Access to the tower is through Shawnee-Land. Therefore, a road use fee has been included in the yearly charge. After briefly discussing the issue and agencies using the tower, a motion was made by W. Harrington Smith, Jr. and seconded by George Ludwig to table the issue until additional information could be provided to the committee. (See Attachment 3) 03 4. Summary of Fiscal Year 1997/1998 Citizen Disposal Costs A summary of the fiscal year 1997/1998 citizens disposal costs was presented to the committee. The total cost for fiscal year 1997/1998 was $838,867.49. This represents the first time that the expenditures have been below the budget estimates. We attribute part of this success of the budge estimate to the implementation of fenced and manned convenience sites to reduce illegal dumping. (See Attachment 4) 5. Public Hearin!!: for Curbside Trash Pickup A public hearing to discuss the issue of curbside trash pickup has been scheduled for August 12, and advertised in the Winchester Star, thereby meeting the 45 day notice requirement specified in the Code ofVrrginia. A resolution was prepared by Assistant County Administrator Lauren Carrier for action at the board meeting. 6. Household Hazardous Waste Dav Another household hazardous waste day has been scheduled for August 8, 1998 at the Frederick County Landfill between the hours of 9:00 a.m. and 3 :00 p.m. Charles Orndoff asked if veterinary medicine could be considered household hazardous waste? Ron Kimble will check with our new hazardous waste contractor to see if veterinary medicine can be included in our household hazardous waste. 7. Miscellaneous Reports 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) 8. Executive Session An executive session was convened to discuss legal matters and real estate acquisitions JOINT FINANCE COMMITTEE - RECEIVED AS INFORMATION The Joint Finance Committee met on Wednesday August 5, 1998,3:00 PM in City Council Chambers, Rouss City Hall, Winchester, Vrrginia. Present were President of Winchester City Council Larry Omps, Councilman Charles Gaynor, City Manager Edwin C. Daley, Board of Supervisors Chairman James L. Longerbeam, Supervisor W. Harrington Smith, Jr., County Administrator John R. Riley, Jr., Assistant County Administrator Lauren G. Carrier, County Finance Director Cheryl B. Shiffler, Director of Social Services Gwen Mandel, Director of Economic Development June Wilmot, and Frederick County Sheriffs Department Captain Steve Wheeler. Prior to the discussion of agenda items, Supervisor W. Harrington Smith, Jr., moved to elect Frederick County Board of Supervisors Chairman James L. Longerbeam as Chairman ofthe Joint Finance Committee. ~resident of the Winchester City Council Larry Omps seconded the motion, and the Joint Finance Committee unanimously elected James L. Longerbeam as Chairman. 1. CSA Coordinator Position Director of Social Services Gwen Mandel advised the Joint Finance Committee of the request made by area Community Policy and Management Teams and Family Assessment and Planning Teams for the creatioJ;l of a Community Services Act Coordinator. The Joint Finance Committee voted unanimQusly to support the position and have it forwarded to the governing bodies of Clarke and Frederick Counties and the City of Winchester for consideration. (See Attached) 2. Economic Development Issues 037 Director of Economic Development June Wilmot presented the following issues for consideration by the Joint Finance Committee: 1. The EDC is considering pursuing a mixed use incubator for creation of a nurturing entrepreneurial environment for new business creation. This concept is still being studied by the EDC for implementation. 2. The George Washington Museum has requested a supplemental appropriation of $17,350 for structural changes to the museum and the west exhibit. The Joint Finance Committee voted to support this request and have it forwarded to the Winchester City Council and the Frederick County Board of Supervisors for consideration. (See Attached) 3. The Discovery Museum requested a $50,000 supplemental appropriation as an operational subsidy. The Joint Finance Committee voted to have it forwarded to the Winchester City Council and the Frederick County Board of Supervisors for consideration. (See Attached) 3. LFPDC Dues The Committee discussed the impact it may have on future CDBG and other grant projects if and when the City of Winchester and Frederick County do not participate in the Lord Fairfax District Commission this year. City Manager Edwin C. Daley advised that his investigation found no tangible negative impacts, and that pulling out of the LFPDC did not mean that the city and county could not still be a member in the Northern Shenandoah Valley Regional Partnership. He also advised that the City of Winchester would be pulling out. The Joint Finance Committee voted to have this issue forwarded to the Winchester City Council and the Frederick County Board of Supervisors for consideration. (See Attached) 4. Rovin2 Bailiff Issue Following a discussion on the roving bailiff, city security officer, and the decision of Judge Wetsel concerning security measures at the Joint Judicial Center, the Joint Finance Committee voted to split the salaries of both positions between the city and county and to have each position continue their duties as originally created. They also asked through Captain Steve Wheeler that the City and County Sheriffs meet, discuss and advise what the best security options are for the Joint Judicial Center. 5. Airport Issues 1. Harrington Smith, Jr., requested that the issue of a $300,000 bridge loan be tabled until the next meeting of the Joint Finance Committee, as there was no Airport representation at the meeting. The committee approved the request to table the issue. 2. County Administrator John R. Riley, Jr., presented the committee with carry forward requests from the airport representing capital items. The committee approved the carry forwards. (See Attached) 6. Fiscal A2ent Oversil!ht County Administrator John R. Riley, Jr. reviewed the current guidelines for personnel policies for Frederick County fiscal agent oversight policy for personnel actions by joint boards and commissions. This item was informational only. 7. Fundin2 for Courtroom Renovation City Manager Edwin C. Daley reported to the committee that the bid information on courtroom renovations would first have to be shared with both the city and the county, before the Joint Finance Committee meets again to review the bids. 03 8. Grant Transfer for Northwestern Re2ional Prosecutor City Manager Edwin C. Daley advised the committee that the grant funding for the prosecutor will expire at the end of next year and that the position cannot be grant funded again. The committee discussed the possibility of funding the position jointly, using local funds, and referred it to the city and county Commonwealth Attorneys. BOARD OF SUPERVISORS COMMENTS Supervisor Sager made a statement conceniing his position on the funding for construction of the Handley Library Branch. He explained that he endorsed this construction for many reasons, one being that he felt it would benefit a great number of citizens within the county, not only those within his district. Chairman Longerbeam expressed his feelings on the issue of IDA funding versus referendum and general obligation bonds for the construction of the Handley Library Branch. BOARD RETffiED INTO EXECUTIVE SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the Board retired into Executive Session in accordance with the Code of Virginia, 1950, as Amended, Section 2.1-344, Subsection A, (3) and (5) to Discuss Acquisition and Disposition of Real Estate and Economic Development Industrial Prospect. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the Board withdrew from executive session. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the Board 039 reconvened into regular session and certified nothing other than what was noted as reason for going into executive session was discussed. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye UPON MOTION MADE BY SUPERVISOR ORNDOFF, SECONDED BY SUPERVISOR SAGER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS llQARD, THIS MEETING IS HEREBY ADJOURNED. ~ '--- ~<-Iy/ J h Riley, Jr. Clerk, Board of Supervisors James L. Longerbeam Chairman, Board of Supervisors Minutes Prepared By: ~T 33CU-( luva.J Carol T. Bayliss Deputy Clerk, Board of Supervisors