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November 10, 1998 Regular Meeting 09 A Regular Meeting of the Frederick County Board of Supervisors was held on Tuesday, November 10, 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; Charles W. Orndoff, Sr.; Robert M. Sager; and Margaret B. Douglas. ABSENT Supervisor W. Harrington Smith, Jr., was absent (out of town). INVOCA nON The invocation was delivered by Reverend Anthony Wadsworth of the Round Hill United Methodist Church. ADOPTION OF AGENDA Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the agenda was adopted as presented by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye W. Harrington Smith, Jr. - Absent CONSENT AGENDA There were no items approved under the consent agenda. CITIZEN COMMENTS Kathryn Whitesell, Back Creek District, appeared before the board to state her disapproval of the site selected by the Frederick County Sanitation Authority for the construction of a new water tank and that this location will be an eyesore to the community. She also advised the board that approximately 800 signatures from community residences had been obtained on a petition opposing the construction of a tank on this site. She expressed concern with the authority not representing what the community wanted. She also requested that the board work with the authority and request their cooperation in trying to work with the city in providing shared water services and to preserve the battlefield site. Director David Edwards, Regional Preservation Office of the Department of Historic Resources, appeared before the board to state his opposition to the site selected by the authority for 095 construction of a new water tank due to the historical significance of the property (Second Battlefield of Winchester, 1863). He advised the board that the current integrity of this site is one of the criteria that make this battlefield eligible for the Registry of Historic Places. Construction of a tank on this site would be detrimental to its eligibility standards required for historic landmarks. Executive Vice President Elliot Gruber, Civil War Trust, appeared before the board to express his opposition to the construction of a water tank on the site selected by the authority due to the historical significance of this property. Treasurer Dianne Kerns, Fruit Hill Orchards and daughter of Mr. Robert C. Solenberger, appeared before the board to express her concern regarding the cost figures presented by the authority for construction of a new water tank. She advised the board that an independent engineer was consulted and, as a result of this information, felt there were questions that needed to be answered. She requested the board to hold some type of a public forum to answer questions now raised due to the independent information received. Executive Director Howard Cottell, Shenandoah Valley Battlefield Commission, appeared before the board to express his opposition to the site selected by the authority for construction of a new water tank due to the historical significance of the site and the tourism economics this landmark would bring to the community once preserved as an historic battlefield site. Chairman Gerald Smith, Valley Proteins, read from a statement presented to the board and on file in the County Administrator's Office. In summary, Mr. Smith requested that the project be delayed and negotiations with the city commenced to utilize the city's existing infrastructure. He expressed concern with the funds that will be used needlessly to construct this tank when the county and city could work together and use the funds saved for other more deserving services. Sanitation Authority Member John Stevens appeared before the board wherein he advised them that the site selected by the Sanitation Authority was the best location for the construction of a new water tank; however, the authority would probably be willing to consider construction bids for the alternative site if the board approved funding to offset the costs of this construction. Jeff Benson, City of Winchester, appeared before the board to express his opposition to the site selected by the authority for construction of a new water tank due to generations of his family fighting at this battlefield site. Sara Smith, Gainesboro District, appeared before the board to express her opposition to the site selected by the authority for construction of a new water tank. She stated that she already has 09 a water tank near her property line and this site would be located behind her barn. She did not personally want another water tank to view from her property and favors the site proposed by Mr. Robert C. Solenberger. She also advised the board that she did believe the current tank was used at capacity and the new tank would only serve industrial needs. MINUTES OF OCTOBER 14. 1998 - APPROVED Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the minutes for October 14, 1998, were approved as submitted by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye W. Harrington Smith, Jr. - Absent ECONOMIC DEVELOPMENT COMMISSION DIRECTOR'S REOUEST FOR A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $99.414 FOR FISCAL YEAR 1998-1999 AND $35.030.25 FOR FISCAL YEAR 1999-2000 FOR THE SHENANDOAH VALLEY TELECOMMUTING CENTER - APPROVED Economic Development Director June Wilmot presented this request. The Federal Government's budget for this center is $146,121 for Fiscal Year 1999 which began November 1, 1998 and ends September 30, 1999. This amount reflects the cost for the center's annual rent of $11,676.75 per month and expenditures not to exceed $6,000. The above supplemental appropriations are needed in EDC's budget to correlate with the Federal Government's fiscal year. No local funds are involved. Upon motion made by Charles W. Orndoff, Sr., seconded by Margaret B. Douglas, this request was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye W. Harrington Smith, Jr. - Absent RESOLUTION (#024-98) APPROVING THE ISSUANCE OF NOTES BY WINCHESTER REGIONAL AIRPORT AUTHORITY AND THE LOANING OF MONEY BY THE COUNTY OF FREDERICK. VIRGINIA. TO THE WINCHESTER REGIONAL AIRPORT AUTHORITY - APPROVED County Administrator John Riley presented this request. (Note: From this point forward there is no tape recording of these minutes due to a problem with the recording mechanism.) Upon motion made by Robert M. Sager, seconded by Margaret B. Douglas, to approve the following resolution: 097 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA APPROVING ISSUANCE OF NOTES BY WINCHESTER REGIONAL AIRPORT AUTHORITY AND THE LOANING OF MONEY BY THE COUNTY OF FREDERICK, VIRGINIA TO THE WINCHESTER REGIONAL AIRPORT AUTHORITY WHEREAS, the Winchester Regional Airport Authority (the "Authority") is a body corporate created by the General Assembly of Virginia by Virginia Acts of Assembly, 1987 Session, Chapter 687, as amended by Virginia Acts of Assembly, 1995 Session, Chapters 258 and 338, as amended from time to time (the "Act") and the participating political subdivisions of the Authority, in addition to the County of Frederick, Virginia (the "County"), are the Counties of Clarke, Shenandoah and Warren and the City of Winchester, Virginia; and WHEREAS, the Authority owns property known as the Winchester Regional Airport (the "Airport") and is securing financing for an airplane hangar known as the "Goodman Hangar" at the Winchester Regional Airport (the "Facility") for use at the Airport; and WHEREAS, by a resolution adopted on October 8, 1998 (the "Authority Resolution") the Board of Directors of the Authority has approved financing for the Facility from the County and the City of Winchester, Virginia, for a term of twenty (20) years in an amount not to exceed $300,000 by the issuance of revenue notes (the "Notes"), to be paid from revenue generated by the Airport; and WHEREAS, ~ 18 of the Act states that indebtedness such as the Notes shall not be a debt of any political subdivision of the Commonwealth, other than the Authority, and no political subdivision of the Commonwealth, other than the Authority, shall be liable thereon; and WHEREAS, ~ 15 of the Act states that the Authority shall not issue indebtedness such as the Notes unless and until the maximum amount of such issue and the general purposes thereofhave been approved by the governing body of each of the Authority's participating political subdivisions and ~7(17b) of the Act states that total indebtedness of the Authority at no time shall exceed the amount of $500,000 in principal except as agreed to by each such participating political subdivision by resolution of the governing body thereof; and WHEREAS, ~7(9) of the Act states that the Authority is authorized to accept loans of other financial assistance from the United States of America and political subdivisions of the Commonwealth of Virginia, and ~22 of the Act states that the bonds, notes, or other evidence of financial indebtedness of the Authority are legal investments of political subdivisions of the Commonwealth of Virginia; and WHEREAS, the Authority on or about August 16, 1996 issued a revenue bond to the United States of America, acting through its Rural Development agency (formerly Farmers Home Administration/Rural Economic and Community Development) in the original principal amount of $886,600 (the "Rural Development Loan"), which Rural Development Loan presently has a principal balance not exceeding $785,000.00; and WHEREAS, the Authority Resolution has been presented to the Board of Supervisors of the County of Frederick, Virginia (the "Board") and the Board desires to loan $150,000.00 to the Authority in accordance with the terms of the Authority Resolution, such loan to be subordinate in priority to the Rural Development Loan. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Frederick, Virginia, as follows: 1. That approval and agreement are granted to the Authority to issue the Notes for the Facility, or any part thereof, in a principal amount not to exceed $300,000, for the purposes described above, to result in total indebtedness of the Authority in the principal amount of not to exceed $1,085,000.00. 2. That adoption of this Resolution does not constitute a pledge of the faith and credit 098 of the County or any other lending of the County's credit or any representation as to the creditworthiness of the Authority or the Notes. 3. The County shall make a loan to the Authority and purchase Notes of the Authority in the principal amount of$150,000.00 in accordance with the terms of the Authority Resolution (the "County Loan"), such County Loan to be subordinate in priority to the Rural Development Loan, for the construction, acquisition, ownership, operation, maintenance or repair of the Facility in furtherance of the public purposes of the Authority. The Notes shall pay interest to the County at the rate of5.50% per annum and shall be in the form and contain terms all as set forth in the Authority Resolution. 4. The Chairman and Vice Chairman of the Board of Supervisors, Clerk of the Board and the County Administrator, County Treasurer, County Attorney and all other officers, employees, and agents of the County are hereby authorized and directed to take any and all such further action as shall be deemed necessary or desirable in order to effectuate the closing of the County Loan. The Board hereby represents and warrants that the County's purchase of the Notes as set forth herein is for the account of the County only and not for distribution to others and that the Board has taken all action required for the County's purchase of the Notes as set forth herein. 5. This Resolution shall take effect immediately. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Nay Charles W. Orndoff, Sr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye W. Harrington Smith, Jr. - Absent SUPERINTENDENT WILLIAM DEAN'S REOUESTFORFUNDING OFV ARlOUS ITEMS - APPROVED Requests for a Supplemental Appropriation for the Roof Renovation Project at the School Administration Buildin2 - $134.364 Covers the Bid of $129.364 and Associated Architectural and Eneineerinl: Fees of$5.000 - And Approval of the Use of $116.000 Available from Previous Action by the Board of Supervisors to Be Applied to the $134.364 Administration Buildin2 RoofProiect (Bond Refinancin2 Can On Iv Be Used for School Construction or Site Purchase Purposes) - Approved County Administrator Riley presented this request. Upon motion made by Richard C. Shickle, seconded by Margaret B. Douglas, this request was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye W. Harrington Smith, Jr. - Absent Request For a Budeet Adjustment for Federal Title VIB Special Education Funds in the Amount of $151.158. Said Funds are Required to be Used for Special Education Requirements Onlv - Approved County Administrator Riley presented this request. Frederick County School Finance Director Lisa Frye appeared before the board to answer 099 questions. She advised the board that this amount reflects the hiring of one and one-half teachers, aids, additional funds for occupational therapy and physical therapy for special needs, and supplies. She further explained that these federal funds will be used for these special services which are over and above the services budgeted for Fiscal Year 1998-1999. If these federal funds had not been received, the school board would have had to find monies elsewhere within their budget, and if not possible, a supplemental appropriation request would have had to be presented before the board. Back up documentation was presented at the last board meeting and for the last Finance Committee meeting which was canceled. Discussions followed with several board members questioning whether or not these funds had already been budgeted. Supervisor Shickle stated his vote to approve this request was based on Ms. Frye's statement that this was not a duplication of budgeted services. Upon motion made by Robert M. Sager, seconded by Richard C. Shickle, this request was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye W. Harrington Smith, Jr. - Absent NORTHWEST STORAGE TANK AND WATER TRANSMISSION MAIN County Administrator Riley addressed the board regarding the site location for the Northwest Storage Tank and Water Transmission Main. Presented were cost comparisons for the site recommended by the Frederick County Sanitation Authority and the alternate site recommended by the Board of Supervisors as proposed and offered by Mr. C. Robert Solenberger. Frederick County Sanitation Authority DirectorlEngineer Wellington Jones appeared before the board to answer questions pertaining to the two sites. He stated that the alternate site was studied and, based on the information obtained, the site as recommended by him and the authority was the best cost effective site to construct a water tank. Both sites will serve the same needs but the residual pressure will be reduced when demand occurs at the alternative site. After further discussion, it was the consensus of the board that the intended water services at both sites would serve the needs with little adverse impact. Upon motion made by Richard C. Shickle, seconded by Robert M. Sager, to request the Frederick County Sanitation Authority to revisit the alternate site as proposed by the board and 1.0 offered by Mr. Robert C. Solenberger and negotiate with the authority the fiscal impact. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye W. Harrington Smith, Jr. - Absent COMMONWEALTH'S ATTORNEY'S REOUESTFORA SALARY ADJUSTMENT. RECLASSIFICATION. AN ADDillONAL JUVENILE JUSTICE PROSECUTOR POSITION. AND A TRANSFER FROM OPERATING CONTINGENCIES IN THE AMOUNT OF $28.228 ($21.714 BASE SALARY AND $6.514 FRINGES FOR 6 MONTHS) - APPROVED County Administrator John Riley presented this request and advised the board that this matter was presented at their last meeting but no motion was taken to approve or deny. It is anticipated that full funding of the additional Juvenile Justice Prosecutor position will be received by the State Compensation Board by July I, 1999. Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., this request was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye W. Harrington Smith, Jr. - Absent PLANNING COMMISSION BUSINESS: REOUEST FROM OUTREACH TO ASIA NATIONALS (OTAN) TO AMEND ZONING ORDINANCE TO ALLOW EXPANSION OF CURRENT FACILITIES - APPROVED Zoning Administrator Eric Lawrence presented this request to the board. The Development Review and Regulations Subcommittee (DRRS), along with the Planning Commission, recommended denial of this request. After discussion with the zoning administrator as to why the DRRS and Planning Commission recommended denial of this request, the board stated they wanted to support the efforts of the OT AN and felt this organization should be allowed in the RA Zoning District. OT AN provides equipment, training, and financial support to National Church workers in Asia in their pursuit of furthering their belief in Christianity. Upon motion made by Richard C. Shickle, seconded by Robert M. Sager, to amend the current county ordinance to accommodate use by the OT AN to expand its facilities in the RA Zoning 101 District. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye W. Harrington Smith, Jr. - Absent WILLIAM C. PULMAN. JR. 'S REOUEST TO GAIN AN EXEMPTION TO THE 50 FOOT-RIGHT-OF-WAY WIDTH REOUIREMENT OF THE SUBDIVISION ORDINANCE (~144-31.C(3) TO ALLOW A 20 FOOT RIGHT-OF-WAY _ APPROVED Zoning Administrator Lawrence presented this request. The Planning Commission unanimously recommended approval of this request with a caveat that the subdivided lots remain agricultural. Lee A. Ebert, a local surveyor, appeared before the board on behalf of the applicant William Pulman. Mr. Pulman owns approximately 186 acres west of Wardensville Grade and plans to subdivide the parcel into two agricultural tracts. The front portion will be sold for agricultural uses. Access to Mr. Pulman's parcel is presently via an undefined width right-of-way across the adjoining property owned by Mr. and Mrs. Roe. Mr. and Mrs. Roe have stated they will not agree to a right- of-way width beyond 20 feet and the planning department agrees that this width should be large enough to accommodate the driveway. Upon motion made by Margaret B. Douglas, seconded by Richard C. Shickle, this request for a 20 foot right-of-way for the existing driveway located on the Roe's property to access Mr. Pulman's property was approved by the following recorded vote (motion did not include the caveat as recommended by the Planning Commission): James L. Longerbeam - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye W. Harrington Smith, Jr. - Absent BOARD OF SUPERVISORS' COMMENTS No comments were made at this time. ADJOURNMENT Upon motion made by Richard C. Shickle, seconded by Charles W. Orndoff, the meeting adjourned at 8:45 p.m. as there was no further business presented to the board. 102 7 l~-q "James L. Longerbe}m ''---......... Chairman, Board of Supervisors M;.....Prep....dBy' ~0'd1'~AM Cathy anner Admimstrative Assistant