Loading...
March 03, 1998 Regular Meeting 556 A Regular Meeting of the Frederick County Board of Supervisors was held on March 3, 1998, at 7:15 p.m. in the auditorium at Sherando High School, 185 South Warrior Drive, Stephens City, Virginia. PRESENT: Chairman James L. Longerbeam; Vice Chairman Richard C. Shickle; W. Harrington Smith, Jr.; Charles W. Orndoff, Sr.; and Margaret B. Douglas. ABSENT: Robert M. Sager, due to illness. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by Reverend Carl E. Moore of the Winchester Church of God. ADOPTION OF AGENDA County Administrator John Riley advised the Board that Tab I had been withdrawn, and will be heard by the Board at the April 8 Board meeting, at the request of the applicant. Mr. Riley further advised that there would not be an executive session. CONSENT AGENDA Mr. Riley suggested the following items be approved under consent agenda: 1. Shenandoah Valley Private Industry Council 1998-1999 Plan of Service for Service Delivery Area 4 - Tab C; 2. Finance Director Request for Budget Transfers - Tab D; 3. Road Resolution - Village at Sherando - Tab J; 4. Parks and Recreation Commission Reports - Tab K; 5. Personnel Committee Report - Tab L; 6. Public Works Committee Report - Tab M (with exception of item number 1.) Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, the consent agenda, as listed above, was approved by the following recorded vote: . James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Absent Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye CITIZEN COMMENTS Chairman Longerbeam explained the rules of order to those in attendance. The following citizens addressed the Board with reference to Cardinal Glass Company: Barbara VanOsten - Back Creek District, thanked Mr. O'Shaughnessy, President of Cardinal Glass, for living up to his word and withdrawing his plan to locate his company in Frederick County. She stated that Save the Valley would remain in tact and she made certain requests of the board of supervisors on behalf of the group such as amending the current ordinance that allows companies, such as Cardinal Glass, to locate in Frederick County. Charles Pierce - Gainesboro District, feels the county needs to have an environmental office, in place, that would be equipped to assist in matters such as this. Raymond Gritsko, resident of Salem Church Road, addressed emissions such as those you see along our county roads that create trash that litters such as beer and soda cans. He realizes this is a different type of emission than would be produced by Cardinal Glass, but feels it is an area that definitely needs to be addressed by county officials. Reverend Carl Moore, would like to see the General Assembly enact a law where a deposit would be issued on bottles and cans. Feels this would be a good way not only to clean up but also help to keep clean the county roadways. Pat Gochenour, Shawnee District, opposed to Cardinal Glass locating in county. Sam Lehman, Back Creek District, feels the county industrial zoning ordinance needs to be amended thereby not allowing smoke stacks in the county. Susan Galbraith, Back Creek District, feels a study on long term water availability needs to be conducted before any promises are made to anyone. She thanked board members for listening to their constituents. Doug Thomas, Back Creek District, thanked all who worked to bring this matter to a successful closure, local citizens, staff, board members and also state officials. Bill Grant, citizen of Frederick County, feels the county should make special effort to only invite clean industry into the county. Thanked Mr. O'Shaughnessy for withdrawing when he did. Mike Webber, Stonewall District, feels growth issue is a problem in Frederick County. County does not need this type of industry. Zoning needs to be revisited. 558 David? (could not make out last name) sorry the county lost Cardinal Glass. Expressed his concerns about some 250,000 jobs being lost to the third world. Joe Carron, county resident, felt that there was a lack ofleadership by the Board in dealing with this request. He felt that Cardinal Glass should be been allowed to locate in the county. Jessie Suthers, moved to county from Loudoun County. Does not feel any job would be worth having to deal with the pollution that would be generated by this type of plant. Thanked Board for listening to the county citizens. Joe Harth, Stonewall District, thanked those Board members who attended the DEQ hearing and especially those that elected to stay for the entire meeting. Feels Board members need to work with the citizens on this issue. Joe Athey, Opequon District, has been around glass plant for the last ten years, that was built in 1895. Does not understand how this company could pollute to this degree when the Coming Glass Plant in West Virginia, just north of Frederick County, has caused no pollution problems that he is aware of Susan Rhodes, county citizen, feels growth is out of control in Frederick County and Board needs to address this issue. Roger Koontz, Gainesboro District, thanked the board of supervisors for changing their minds on Cardinal Glass. Feels it was wrong type of industry for the county. Feels everyone needs to work together on this type of issue. Kenneth Y. Stiles, Stonewall District, feels Cardinal Glass made the right decision; however, he explained that the current traffic on Valley Avenue and Pleasant Valley Road produces more pollution than Cardinal Glass would have. Referred to those that want to see agricultural land preserved. He agrees that it should be, but this is not a no pollution business, it never has been nor will it ever be. Barbara Perona, stated that she did not feel the citizens of Frederick County knew where the Board chairman was on this issue with Cardinal Glass. Does not feel that DEQ is the watch dog for county concerns. Asked Chairman Longerbeam where he was on this issue. Pat Clawson, resident of Clarke County owns business in City of Winchester, approached the microphone to speak at which time he was informed by the Chairman that this public hearing was 559 only for citizens of Frederick County, as he announced before the public hearing started. Sheriff Williamson along with two deputies approached Mr. Clawson and Chairman Longerbeam announced that he would allow him one minute to speak. Mr. Clawson, once again, stated his objections to Cardinal Glass locating in Frederick County. Teresa D. Adams, resident ofOpequon District stated that she was disturbed by some ofthe comments heard at this meeting and she feels that the Board needs to listen to the citizens. Scott Gregory, Back Creek District, orchardist in the county stated that he hoped everyone would learn from what has transpired from this request. John Copenhaver, resident of Frederick County, feels the Board needs to provide more locations within the county where citizens could ride their bikes. End of Citizen Comments. MINUTES Upon motion made by Charles W. Orndoff, Sr., seconded by Richard C. Shickle, the minutes of the Regular Meeting of January 28, 1998, and the Regular Meeting of February 11, 1998 were approved as presented by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Absent Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye COMMITTEE APPOINTMENTS JOSEPH HAHN. RESIDENT OF BACK CREEK DISTRICT. APPOINTED TO SHENANDOAH VALLEY PRIVATE INDUSTRY COUNCIL Upon motion made by Charles W. Orndoff, Sr., seconded by Richard C. Shickle, Joseph Hahn was appointed to the Shenandoah Valley Private Industry Council. Mr. Hahn will fill the seat vacated by the resignation of Gene Newman. This term will commence on March 3, 1998 and expire on March 3,2003. 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 - Absent Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 560 SHERRY B. JENKINS REAPPOINTED TO HISTORIC RESOURCES ADVISORY BOARD AS MEMBER AT LARGE Upon motion made by Margaret B. Douglas, seconded by Charles W. Orndoff, Sf., Sherry B. Jenkins was reappointed to the Historic Resources Advisory Board as Member at Large. This term will commence on May 25, 1998 and expire on May 25,2002. 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 - Absent Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye WAYNE MILLER REAPPOINTED TO COUNTY PLANNING COMMISSION FROM GAINESBORO DISTRICT Upon motion made by Richard C. Shickle, seconded by Charles W. Orndoff, Sr., Wayne Miller was reappointed to the county planning commission from Gainesboro District filling out his original appointment which will expire on February 26, 2001. (This lapse in service was due to Mr. Miller serving in the temporary position of County Zoning Administrator). 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 - Absent Richard C. Shickle - Aye Charles W. Orndoff, Sf. - Aye LORETTA SNOW. FISCAL OFFICER. SHENANDOAH VALLEY PRIVATE INDUSTRY COUNCIL. PRESENTS 1998-1999 PLAN OF SERVICE FOR SERVICE DELIVERY 4 - APPROVED UNDER CONSENT AGENDA DAVID M. ZIEGLER. EXECUTIVE DIRECTOR. NORTHWESTERN COMMUNITY SERVICES. PRESENTED ANNUAL REPORT TO THE BOARD David Ziegler presented his annual report to the Board at which time he explained his budget requests along with the various programs that are offered to the citizens of Frederick County. REOUEST FROM FINANCE DIRECTOR FOR BUDGET TRANSFERS WITHIN THE COMMISSIONER OF THE REVENUE OFFICE - APPROVED UNDER CONSENT AGENDA The Board of Supervisors approved a new secretary position for the Office of the Commissioner of the Revenue at the February 1998 Board of Supervisors meeting. This request was included in the Personnel Committee report and reference no additional county funds will be needed. A budget transfer is required. 11561 It is requested that funds be transferred from a salary line item that the Board of Supervisors approved to be downgraded at the November 1997 Board of Supervisors meeting. PUBLIC HEARING - AMENDMENT TO THE FY 1997-1998 BUDGET (RESOLUTION NO. 022-98) TO REFLECT A SUPPLEMENTAL APPROPRIATION OF $1.110.000 DUE TO A MID YEAR INCREASE IN REVENUE PROJECTIONS - APPROVED RESOLUTION FISCAL YEAR 1997-1998 BUDGET AMENDMENT WHEREAS, the Frederick County Board of Supervisors, meeting in regular session on March 3, 1998, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 1997- 1998 Budget be Amended to Reflect a Supplemental Appropriation in the Amount of$l, 110,000.00; and BE IT FURTHER RESOLVED, that this appropriation has been brought about by a mid- year increase in revenue projections. ADOPTED this 3rd day of March, 1998. There was no public input. Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. 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 - Absent Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye PLANNING COMMISSION BUSINESS: PUBLIC HEARINGS: PUBLIC HEARING - CONDITIONAL USE PERMIT #019-97 OF DENISE MCCLEAREN FOR A COTTAGE OCCUPATION TO OPERATE A DOG GROOMING BUSINESS. THIS PROPERTY IS LOCATED AT 4784 FRONT ROYAL PIKE AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 94A-I-II-4 THRU 91N THE OPEOUON MAGISTERIAL DISTRICT- APPROVED Planner II Mike Ruddy presented this request to the Board. There was no public input. Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, conditional use permit #019-97 was approved as presented by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye I Ii 562 Margaret B. Douglas - Aye Robert M. Sager - Absent Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARING - 1998-1999 CAPITAL IMPROVEMENTS PLAN (OP) FOR FREDERICK COUNTY - THE CTP IS A PRIORITIZED LIST OF PROJECTS REOUESTED BY NUMEROUS COUNTY AGENCIES TO BE UNDERTAKEN IN THE ENSUING FIVE YEAR PERIOD. THE PLAN IS CREATED AS AN INFORMATIONAL DOCUMENT TO ASSIST IN THE DEVELOPMENT OF THE COUNTY'S ANNUAL BUDGET. THE CTP IS AN ADVISORY DOCUMENT: PROJECTS ARE NOT NECESSARILY FUNDED BECAUSE OF THEIR INCLUSION IN THE CTP - APPROVED Assistant Planning Director Evan Wyatt presented this plan to the Board. There was no public input. Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, the above plan was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Absent Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Nay End of Planning Commission Public Hearings. MASTER DEVELOPMENT PLAN #008-97 OF AUTUMN WIND APARTMENTS- APPROVED Assistant Planning Director Evan Wyatt presented this postponed item to the Board advising that staff did recommend approval. Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, master development plan #008-97 was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Absent Richard C. Shickle - Nay Charles W. Orndoff, Sr. - Aye WHITFIELD SUBDIVISION SEWER EXTENSION REOUEST - WITHDRAWN UNTIL BOARD MEETING OF APRIL 8. 1998 AT THE REOUEST OF THE APPLICANT ROAD RESOLUTION - VILLAGE AT SHERANDO - APPROVED UNDER CONSENT AGENDA RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS Ii I I II Ii 563 I The Board of Supervisors of Frederick County, in regular meeting on the 3rd day of March, 1998, adopted the following: RESOLUTION WHEREAS, the streets described on the attached Additions Form SR-5(A), fully incorporated herein by reference, are shown on plats recorded in the Clerks Office of the Circuit Court of Frederick County, and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive storm water detention which applies to this request for addition, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of- way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. End of Planning Commission Business. COMMITTEE REPORTS: PARKS AND RECREATION COMMISSION REPORT FOR MEETING OF JANUARY 20. 1998 - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on January 20, 1998. Members present were: Robert Roper, Cheryl Swartz, Robert Hartman, Charles Sandy, Steven Spitzer, Timothy Hockman, and Margaret Douglas. Submitted for Board Information Onlv: 1. FY 1998-1999 Budget Update - Mr. Hartman moved to request a supplemental appropriation of$25,000 for a feasibility study related to construction ofa field house be included as part of the 1998-99 budget recommendation, seconded by Mr. Sandy (5-0). 2. Election of 1998 Officers - Mr. Sandy was elected Chairman (4-1); Mr. Hockman was elected Vice-Chairman (5-0). 3. Meeting Date and Time - Mr. Sandy moved to meet the third Tuesday of each month at 7:00 p.m. in the Board of Supervisors Room, seconded by Mr. Hockman, carried unanimously (5- 0). PARKS AND RECREATION COMMISSION REPORT FOR MEETING OF FEBRUARY 17. 1998 - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on February 17, 1998. Members present were: Cheryl Swartz, Robert Hartman, Charles Sandy, Steven Spitzer, Timothy Hockman, and Jan Vickers. I L 564 Submitted for Board Information Only: 1. Little League Request - Mr. Hartman moved that the Capital ImprovementslBuildings and Grounds Committee study the construction of a new batting cagtYsign request at Clearbrook Park and make a report at the March meeting, seconded by Mr. Hockman, carried unanimously (5-0). 2. 1998-1999 Work Program - Mr. Spitzer moved to adopt the 1998-1999 Work Program, seconded by Mr. Hockman, carried unanimously (5-0). PERSONNEL COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Personnel Committee met at 4:00 p.m. on February 18, 1998, in the County Administration Conference Room with the following members present: Harrington Smith, Susie Pontiff, Robin Damico, Michael Foster, John R. Riley, Jr., Lauren G. Carrier, and Ann K. Kelican. Margaret Douglas was absent. The committee submits the following report and recommendations for your consideration: 1. ReQuest from the Personnel Director to Amend the Militarv Leave Policy The Personnel Director requested an amendment to the county's military leave policy in order to parallel the state and federal statutes as recommended by the Commonwealths Attorney. The committee recommends approval of this request (see Attachment A). 2. ReQuest from the Parks and Recreation Director for Restructure and New Position The Parks and Recreation Director requested a restructure of several positions in the Recreation and Parks Maintenance Divisions. Mr. Doran also requested a new position of Children's Program Coordinator be included in the FY 1998-1999 budget. The committee recommends approval of these requests (see Attachment B). 3. ReQuest from the SherifTto Fill a Vacant Secretarial Position The sheriff requested approval to fill a vacant secretarial position in this department created by a recent resignation. The committee recommends approval of this request. PUBLIC WORKS COMMITTEE - APPROVED UNDER CONSENT AGENDA WITH EXCEPTION OF #1 The Public Works Committee met on Tuesday, February 24, 1998, at 7:30 a.m. Present were board members Charles W. Orndoff, Sr. and W. Harrington Smith, Jr., committee members Jim Vickers, George Ludwig and Jim Wilson; County Administrator John R. Riley, Jr., Landfill Manager Steve Frye, Recycling Coordinator Gloria Puffinburger, and Director of Public Works Harvey E. Strawsnyder, Jr., P.E. The following items were discussed and require board action: 1. Purchase of Used OfT-Road Rock Truck for the Frederick County Landfill- Approved Landfill Manager Steve Frye requested a transfer of$II,OOO from the lease/rental equipment line item to the construction vehicles line item to complete the purchase of a rock truck for $39,000. This cost represents the low bid received from William A. Hazel. The attached memorandum dated January 26, 1998 summarizes the bid results. A motion was made by W. Harrington Smith, Jr., and seconded by Tom Offutt to approve the transfer request. The motion was unanimously approved by the committee. Sufficient funds are ii 11565 available to complete the transfer without a budget increase (see Attachment 1). Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., 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 - Absent Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 2. Update on Curbside Trash Pickup - Approved Under Consent Aeenda The Director of Public Works presented a brief update related to providing curbside trash pickup in the densely populated areas of Frederick County currently served by water and/or sewer. Using a map of Frederick County, an area of approximately 23 square miles representing five and one-half percent (5.5%) of the total land area of Frederick County was highlighted as the potential target area for curbside trash pickup. It was also emphasized that the target area in question contains approximately 42 percent of the population of Frederick County. The Code of Virginia, Section 15.2-930, Regulation of garbage and refuse pickup and disposal services requires that jurisdictions interested in providing curbside trash pickup enact an ordinance and hold a public hearing to notify private companies currently providing trash pickup in the target area. The code further states that the ordinance shall not displace a private company until five (5) years after passage. The Director of Public Works requested the committee's endorsement to proceed with advertising for the public hearing and notifying the private haulers of Frederick County's intent to provide curbside trash pickup in the densely populated areas. A motion was made by George Ludwig and seconded by Jim Vickers to proceed with the necessary steps to hold a public hearing and implement an ordinance to provide curbside trash pickup in the densely populated areas of Frederick County. The motion was unanimously approved by the committee. In conjunction with the above motion, a motion was made by W. Harrington Smith, Jr. and seconded by Tom Offutt to pursue enabling legislation which would allow Frederick County to proceed with implementation of the ordinance prior to the five (5) year grace period. This motion was unanimously endorsed by the committee. 3. Site Selection for Proposed Librarv - Approved Under Consent Aeenda The Director of Public Works presented several alternative sites to accommodate the new library. These sites, which are located in the vicinity of the intersection of Tasker Road and the future Warrior Drive, would replace the previous Lakeside site owned by Frederick County. A motion was made by Jim Wilson and seconded by Jim Vickers to abandon the Lakeside site in favor of a site near the intersection of Tasker Road and Warrior Drive. This motion was contingent upon the land being available and large enough to accommodate the library site development. This motion was unanimously approved. The following items were discussed and submitted for the board's information only: 1. Miscellaneous Reports a. Tonnage Report (see Attachment 2) b. Recycling Report (see Attachment 3) c. Animal Shelter Cat Report (see Attachment 4) II IJ 566 d. Animal Shelter Dog Report (see Attachment 5) BOARD OF SUPERVISORS COMMENTS Mr. Smith stated that he felt a lot of air has been cleared at tonight's meeting and he thanked everyone for their participation. UPON MOTION MADE BY CHARLES W. ORNDOFF, SR., SECONDED BY RICHARD C. SHICKLE, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. TIME: 8:30 P.M. James L. Long beam Chairman, Board of Supervisors Minutes Prepared By: ~ t"- -. ":"C> ^ ) L~;;;~I T. ~aYli;~ (" '( -VLQ , Deputy Clerk, Board of Supervisors