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October 14, 1998 Regular Meeting 071 A Regular Meeting of the Frederick County Board of Supervisors was held on October 14, 1998 at 5:30 p.m., (Worksession with the Economic Development Commission), with the regular session starting 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; W. Harrington Smith, Jr.; Charles W. Orndoff, Sr.; Robert M. Sager; Margaret B. Douglas. ABSENT: Vice Chairman Richard C. Shickle as he was out of town. ECONOMIC DEVELOPMENT COMMISSION: Director June Wilmot; Charles Markert with Mediate Tech, Inc., Garland Miller, EDC staff. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Shickle, the Board retired into executive session in accordance with the Code of Virginia, 1950, as amended, Section 2.1-344, Subsection A (1), (3), and (7) to Discuss Personnel, Acquisition and Disposition of Real Estate, Economic Development Industrial Prospect and Legal Matters. 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 - Absent Charles W. Orndoff, Sf. - 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 - Absent Charles W. Orr.doff, Sr. - Aye BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the Board reconvened into regular session and certified nothing other than what was noted as reason for going into executive session was discussed. OJl2 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 - Absent Charles W. Orndoff, Sr. - Aye INVOCA nON The invocation was delivered by Supervisor Sager in absence of a minister. ADOPTION OF AGENDA County Administrator Riley requested the addition of the following item: Review ofInvoice from SLUCCO Re: Water Availability Fees. Upon motion made by Supervisor Sager, seconded by Supervisor Douglas the agenda was approved as amended by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jf. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Absent Charles W. Orndoff, Sf. - Aye CONSENT AGENDA County Administrator Riley suggested the following tabs for approval under the consent agenda: 1. Cancellation of a Board Meeting in November and December Due to Holidays - Tab C; 2. Request from Extension Agent to Have Frederick County Declared as a Drought Disaster County - Tab D; 3. Road Resolutions: Admiral Byrd Drive and Independence Drive - Tab J; 4. Emergency Communications Commission Report - Tab L. Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the above consent agenda was 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 - Absent Charles W. Orndoff, Sr. - Aye CITIZEN COMMENTS Richardson Stevenson, Gainesboro District, feels that a 35,000 square foot building is needed for the Handley Library Branch as any thing less would be too small, especially when you think of the 073 future needs. He further expressed his thoughts about the fact the library is needed now, and construction should not be delayed any longer. Donald W. Luttrell, Opequon District, is opposed to the site selected by the Sanitation Authority for the water tower. Feels the Board needs to convey to the Sanitation Authority that they too are opposed to this site and that the tower will have to be located elsewhere. C. Robert Solenberger, Gainesboro District, landowner of property where Sanitation Authority proposes to locate water tower, appeared before the Board to explain why he felt the site selected by the Sanitation Authority was not the best location. He asked the Board to review all the pertinent information and forward their recommendation to the Sanitation Authority and in doing so request that they hold off in making their final decision. George Ludwig, ShawneeLand resident and member of County Public Works Committee. He has also served on the committee assigned the task of studying the Handley Library Branch Construction Project. He endorses this project and feels the Board needs to move forward on this project now, as it has already taken too long. Bruce Armstrong, Back Creek District, has concern about the law in Frederick County permitting loaded firearms in vehicles. He asked why this was allowed as it is very dangerous, especially in light of everything we hear today about firearms and younger children. He asked that the appropriate county committee look at this section of the county code and take the necessary steps to see that this law be repealed. SUPERVISOR DOUGLAS ASKED THAT C. ROBERT SOLENBERGER'S REOUEST.MADE UNDER CITIZEN COMMENTS. BE ADDED TO THE AGENDA FOR FURTHER DISCUSSION AND ACTION BY THE BOARD OF SUPERVISORS BOARD TO DISCUSS THE RELEASE OF FUNDS FOR ARCmTECTURAL DESIGN OF THE HANDLEY LmRARY BRANCH SCHEDULED FOR CONSTRUCTION AT LAKESIDE - TO BE DISCUSSED LATER IN THE AGENDA MINUTES-APPROVED Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the minutes of the regular meeting of September 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 - Absent Charles W. Orndoff, Sr. - Aye JAMES W. GOLLADAY. JR. REAPPOINTED TO THE WINCHESTER- FREDERICK COUNTY ECONOMIC DEVELOPMENT COMMISSION .07 Upon motion made by Supervisor Smith, seconded by Supervisor Sager, James W. Golladay, Jr., was reappointed to the Winchester-Frederick County Economic Development Commission for a three year term. This term will commence on January 31, 1999 and expire on January 31, 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 - Absent Charles W. Orndoff, Sr. - Aye BOARD MEETINGS OF NOVEMBER 25 AND DECEMBER 23 CANCELED DUE TO THE HOLIDAYS - APPROVED UNDER CONSENT AGENDA REOUEST FROM EXTENSION AGENT TO HAVE FREDERICK COUNTY DECLARED AS A DROUGHT DISASTER COUNTY - RESOLUTION (#019-98) - APPROVED UNDER CONSENT AGENDA RESOLUTION FREDERICK COUNTY DECLARED AS DROUGHT DISASTER COUNTY WHEREAS, Frederick County has suffered from severe drought; and WHEREAS, this condition in this agricultural area has caused major damage to corn, hay, pasture, fruit, and other crops; and WHEREAS, estimated losses in agricultural crops may exceed $11.5 million; and WHEREAS, there is a critical need to assist the agricultural community as a result of the extreme weather conditions. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does hereby declare a state of emergency in Frederick County on October 14, 1998 and the Honorable James Gilmore, Governor of the Commonwealth, is petitioned by the Board of Supervisors to declare that an emergency exists in Frederick County and the Governor is further petitioned to request the President of the United States or the Secretary of Agriculture to recognize the county emergency situation and make the federal agriculture programs available to Frederick County. ADOPTED this 14th day October, 1998. RESOLUTION (#020-98) - KRAFT FOODS. INC. - APPROVED Upon motion made by Supervisor Sager, seconded by Supervisor Smith, and on the votes hereafter recorded. WHEREAS, Kraft Foods, Inc. (the Company) had made known its intent to expand the Capri Sun product line and to add new product line, Oscar Meyer Lunchables, to its facility in the Ft. Collier Industrial Park; and WHEREAS, the Company meets the policy guidelines of the Frederick County Economic Development Incentives Fund as established by the Winchester-Frederick County Economic Development Commission in 1995; NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia, approved by resolution, at their regular meeting on October 14, 1998, payment of 075 $250,000 to the Frederick County Industrial Development Authority from the Frederick County Economic Development Incentive Fund to assist in the conversion of existing freezer space to refrigerated space, subject to an executed Memorandum of Understanding outlining a performance agreement by the Company. BE IT FURTHER RESOLVED, that the Board of Supervisors does authorize the county administrator to execute this document on its behalf 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 - Absent Charles W. Orndoff, Sr. - Aye REQUEST FROM SHAWNEELAND UTILITY COMPANY. INe. (SLUCO) FOR PAYMENT QF WATER BILL - DENIED Upon motion made by Supervisor Orndoff, seconded by Supervisor Sager, the statement from ShawneeLand Utilities Co., Inc. in the amount of$3628.80 for 1996,1997,1998 availability fees 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 - Absent Charles W. Orndoff, Sr. - Aye e. ROBERTSOLENBERGER'S REQUEST MADE UNDER CITIZEN COMMENTS REQUESTING THE SANITATION AUmORITY TO MOVE THE PROPQSED WATER TOWER TO THE SECOND SITE LOCATION AND TO HOLD OFF ON ANY FINAL DECISION UNTIL FURTHER INFORMATION IS OBTAINED - ENDORSED BY THE BOARD Upon motion made by Supervisor Douglas, seconded by Supervisor Sager, the above action of the Board 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 - Absent Charles W. Orndoff, Sf. - Aye BOARD APPROPRIATES FUNDS FOR ARCHITECTURAL FEES FOR HANDLEY LmRARY BRANCH - APPROVED Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the Board appropriated $355,028 for architectural fees for the Handley Library Branch. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye 07 Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Absent Charles W. Orndoff, Sf. - Aye? Supervisor Orndoff explained that if this amount is to be deducted from the original $4,000,000 that was approved he would endorse this expenditure; however, if it is over and above the $4,000,000 he is voting in the negative. PLANNING COMMISSION BUSINESS: PUBLIC HEARING - CONDITIONAL USE PERMIT #005-98 OF APPLELAND SPORTS CENTER SUBMITTED BY RALPH S. GREGORY. TO AMEND CONDITIONAL USE PERMIT #006-90 BY ADDING THE FOLLOWING USES: 1.) GO-CART TRACT (INDOOR OR OUTDOOR): 2.) ICE-CREAM/FOOD CONVENIENCE CONCESSION STAND: 3.) PAR 3 GOLF COURSE: 4.) WATER SLIDE: AND 5.) ACCESSORY RETAIL ASSOCIATED WITH THE PERMITTED RECREATION USES. THE PROPERTY IS LOCATED AT 4506 VALLEY PIKE AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 75-A-27 AND 75-A-27A IN THE BACK CREEK MAGISTERIAL DISTRICT - APPROVED Planner II Mike Ruddy presented this request to the Board. Mike Collins, Back Creek District, had some concerns about the tires that would be used for the go-cart tract and asked if they could be removed when they were not being used. Upon motion made by Supervisor Douglas, seconded by Supervisor Sager, conditional use permit #005-98 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 - Absent Charles W. Orndoff, Sr. - Aye PUBLIC HEARING - REZONING APPLICATION #011-98 OF RT & T PARTNERSHIP (KERNSTOWN BUSINESS PARK) TO REZONE 17.84 ACRES FROM B2 (BUSINESS GENERAL) TO B3 (INDUSTRIAL TRANSmON). THIS PROPERTY IS LOCATED ON VALLEY PIKE (ROUTE 11 SOUTH). APPROXIMA TEL Y 1/4 MILE SOUTH OF THE ROUTE 37 INTERCHANGE AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 75-A-2D IN THE BACK CREEK MAGISTERIAL DISTRICT - APPROVED Chairman Longerbeam abstained from discussion and voting on this application due to a possible conflict as he has real estate property listed for two of the partners. Assistant Planning Director Evan Wyatt presented this request to the Board. In absence of Vice Chairman Shickle, Supervisor Smith chaired the meeting at this point. There was no public input. Upon motion made by Supervisor Douglas, seconded by Supervisor Sager, rezoning application #011-98 ofRT & T Partnership was approved by the following recorded vote: 077 James L. Longerbeam - Abstained W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Absent Charles W. Orndoff, Sr. - Aye PUBLIC HEARING - PROPOSED MODIFICATION OF THE COMPREHENSIVE POLICY PLAN. EASTERN ROAD PLAN MAP. TO RELOCATE AND REVISE THE FUNCTIONAL CLASSIFICATION OF EXISTING AND PROPOSED COLLECTOR ROADS BETWEEN VALLEY MILL ROAD (ROUTE 659) AND MILLWOOD PIKE (ROUTE 50) - APPROVED Assistant Planning Director Wyatt presented this plan to the Board noting that the planning commission had recommended unanimous approval. There was no public input. Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the proposed modification of the Comprehensive Policy Plan, Eastern Road Plan Map, was approved as presented by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Absent Charles W. Orndoff, Sr. - Aye OTHER PLANNING ITEMS: FISCAL IMPACT MODEL UPDATE - RECEIVED AS INFORMATION - PLANNING STAFF INSTRUCTED TO SCHEDULE PUBLIC MEETINGS IN ORDER TO RECEIVE CITIZEN INPUT AT WHICH TIME THIS ITEM WILL BE BROUGHT BACK TO THE BOARD FOR THEIR VOTE ROAD RESOLUTIONS: ADMIRAL BYRD DRIVE AND INDEPENDENCE DRIVE- APPROVED UNDER CONSENT AGENDA INFORMATION ON PROCEDURES FOR STEPHENS CITY/FREDERICK COUNTY BOUNDARY LINE ADJUSTMENT - RECEIVED AS INFORMATION ONLY - SUPERVISOR SAGER REOUESTED THAT THIS INFORMATION BE FINALIZED IN ORDER THAT THE BOARD MIGHT VOTE ON IT AT THE FIRST MEETING IN JANUARY, 1999 COMMITTEE REPORTS: EMERGENCY COMMUNICATIONS COMMISSION REPORT - APPROVED UNDER CONSENT AGENDA The Frederick County Emergency Communications Commission met Monday September 14, 1998 at 5:00 p.m. The following Commission members were present: Chairman Robert Sager, Sheriff Robert Williamson, and Steve Eells. Also present this date were Public Safety Communications Director John Webb and Frederick County Fire Marshal Dennis Linaburg. The following items were discussed: **. Items Not Requiring Action .** '078 1. Communications Directors Reoort A. Operational Status Mr. Webb stated that the old CAD (computer aided dispatch) system has completely crashed and cannot be repaired. The last backup done by the City was in December of 1997. Fortunately, the data storage was not destroyed so the recovered data will go into cns. The new CAD system has been installed and the Sheriffs Department is currently operating with the new system. The process of installing the street spans identifying the fire run order for Fire and Rescue services is about half completed and should be operational in two weeks. B. Staff Status The Center is currently three under staff. Mf. Webb stated that he is reluctant to hire three full time employees to fill the positions when he is still not sure what Winchester City is going to do. Mr. Webb did state, however, that he is looking into hiring a part time individual to work fire and EMS dispatch. Next Meeting The Commission decided at this time not to schedule another meeting until it is necessary. PUBLIC WORKS COMMITTEE REPORT The Public Works Committee met on Tuesday, October 6, 1998, at 7:30 a.m. Present were board members Charles W. Orndoff, Sf. and W. Harrington Smith, Jr., committee members Tom Offutt, and George Ludwig; County Administrator JohnR. Riley, Jr., Assistant County Administrator Lauren Carrier, Engineering Technician Joe Wilder, and Director of Public Works, Harvey E. Strawsnyder, Jr., P.E. The following items were discussed and require board action: 1. Review Options for New Sheriff's Office - Aonroved The Director of Public Works presented a memorandum (Attachment 1) from the Commonwealth's Attorney supporting the lease/purchase approach to procuring office space for the new Sheriffs office. After a brief discussion of the proposed Request for Proposals for the lease/purchase arrangement, a motion was made by George Ludwig and seconded by Tom Offutt to include an economic study of the existing bus garage as a possible alternative site for the Sheriff's office. The motion was unanimously approved. Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith, the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Absent Charles W. Orndoff, Sr. - Aye 2. Review Library Costs - Addressed Earlier in Meetinl: A comprehensive budget for the proposed Lakeside Library was presented to the committee for their review and comment. This budget which is enclosed (Attachment 2) includes costs related to design, construction review, furniture and equipment, site work and building construction. If the project is constructed in accordance with the library's recommended program requirements which include 35,000 finished square feet and 190 parking spaces, we estimate the cost to be approximately $5,100,000. This cost estimate does not include road improvements required by VDOT. 079 A motion was made by Harrington Smith and seconded by George Ludwig to forward the estimated budget to the Board of Supervisors with possible deletion options required to achieve a budget of $4,300,000. This motion was approved by Harrington Smith, George Ludwig and Tom Offutt. A negative vote was cast by Charles Orndoff who voted against the project in general. Following the committee meeting the Director ofpublic Works discussed possible cost cutting measures with Trish Ridgeway, Director of the Handley Library. Based on these discussions the attached revised estimate (Attachment 3) is offered for the Boards consideration. In general, the revised budget which approximates $ 4,300,000 was reached by reducing the following: Item Savines (I) Deleted Michael's Interior Design (Design and Construction Review) $ 33,041 (2) Reduced Parking from 190 to 100 (100 parking spaces meets County requirements) $ 64,038 (3) Leave 13,000 square feet unfinished (13,000 square feet at $35 a square foot) $455,000 (4) Furniture and Shelving Reduce 13,000 square feet at $15 a square foot $195,000 (5) Reduce number of computers, surge protectors, laser printers and licensing costs $ 55,575 The following items were discussed and submitted for the boards information only: 1. Warrior Drive The Director of Public Works presented preliminary construction plans for the extension of Warrior Drive from the Village at Sherando to the intersection with Tasker Drive. The project has been estimated at approximately 1.5 million dollars. This figure does not include surveying, design, design review or inspection costs. This project will be funded through cost sharing with VDOT. It is anticipated that the Bowman/Glaize development company will pay a majority of Frederick County's share of the cost. A cost sharing agreement has been submitted by VDOT to Frederick County for our review and comment. This agreement will need to be finalized before proceeding with the final design. 2. Miscellaneous Reports a. Tonnage Report (see Attachment 4) b. Recycling Report(see Attachment 5) c. Animal Shelter Cat Report (see Attachment 6) d. Animal Shelter Dog Report (see Attachment 7) BOARD OF SUPERVISORS COMMENTS There were no additional comments at this time. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME: 8:30 P.M.) 080 Chairman, Board of Supervisors ;' Minutes Prepared By: ~4~L. T :?:n.. I, '" '^ ) Carol T. Bayliss I Deputy Clerk, Board of Supervisors