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March 11, 1998 Work Session , I 1567 An 1-81 Worksession was held on Wednesday, March 11, 1998, at 5:30 p.m., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. with the Virginia Department of Transportation. PRESENT: Chairman James L. Longerbeam, Vice Chairman Richard C. Shickle, Charles W. Orndoff, Sr., Margaret B. Douglas, and W. Harrington Smith, Jr. Robert M. Sager was absent during the first part of the meeting. CALL TO ORDER The Chairman called the meeting to order. Mr. Bryan Coburn from the Staunton Virginia Department of Transportation office presented to the board a view of the plans to widen 1-81 in Frederick County and changes that will need to be made to several interchanges in Frederick County. A public meeting was previously held and VDOT presented a summary of the information that was received from that meeting. Mr. Joseph Springer, transportation planner with the consulting firm ofDeLew Cather, was also present to discuss various plans and concerns from the board. Concerns were addressed with the noise level in residential areas where 1-81 would be relocated close to homes. Studies will be done in these areas to include a noise analysis to determine if sound walls will need to be constructed and the type of design required and the right-of-ways needed. These studies have yet to be done but lots smaller in size and adjacent to dense development will most likely qualifY for sound walls. The best economical solution will be determined by VDOT. Recommendations for the Stephens City interchange were also addressed. Due to studies that indicate that traffic will more than likely double in this area, the W A TS study recommended that the current access to Aylor Road and Town Run Lane off of Route 277 be eliminated. Various concerns were addressed with this plan as it would cause a financial hardship for most of the businesses located on these roads that depend on 1-81 traffic for business. VDOT presented a proposal that would allow right turns off of 277 onto Town Run Lane. Town Run would be connected to Stickley Drive in order to allow traffic back onto Route 277. The access to businesses on Aylor Road would be provided by shifting the existing access east to line up with existing Stickley Drive. VDOT's major concern with this interchange is the short distances off 1-81 to allow traffic to safely change lanes before entering Aylor Road and Town Run Lane. Similar is the concern over the conflict between 568 traffic exiting Aylor Road and traffic on 277 entering 1-81. The Route 7 and 1-81 interchange will require a SPill (Single Point Urban Interchange) type layout which will include the construction of a massive bridge. The Shoney's restaurant may be affected but the design has not yet been finalized. The widening ofI-81 and the Route 50 interchange may affect traffic turning southbound on 522 and northbound traffic exiting onto Route 50. One alternative presented by VDOT was to relocate a portion of the existing 522 east of the shopping center where Big Lots is located. Traffic accessing businesses on the old 522 would enter onto the new 522 by Big Lots and backtrack westward on a new road that would be parallel to Route 50 to allow access to businesses such as Texas Steak House, Travelodge, and COSTCO. Again, the board expressed concern with the effect this rerouting would have on the businesses located on 522. In summary, VDOT stated that the plans for the reconstruction of these interchanges had not been finalized and requested input from the board, residents, and business owners that they could look at and study for feasibility. The board was not pleased with the effect the interchanges at Stephens City and Route 50 would have on the businesses located in these areas. VDOT was asked to do their best in determining the best plan for most of the businesses in these areas and to let them know as soon as possible the final plans for these interchanges. At this time, the board adjourned the meeting to allow citizens to meet with the VDOT representatives and discuss any concerns they had with the proposed widening plans ofI-81. A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, March 11, 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 The Chairman called the meeting to order. INVOCA nON The invocation was delivered by Supervisor Robert M. Sager. II Ii .' 1569 ADopnON OF AGENDA County Administrator John R. Riley, Jr., requested the following item be added to the agenda: 1. Request from Parks and Recreation Re: Upgrading of Underground Drain Line at Clearbrook Park Upon motion made by Charles W. Orndoff, Sf., seconded by W. Harrington Smith, Jr., the agenda was adopted as amended and 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 CONSENT AGENDA Mr. Riley suggested the following tabs for approval under the consent agenda: 1. Request to Schedule Public Hearing Dates for Planning Commission Items - Tab B; 2. Subdivision Application #004-98 of Mark and Rachelle Repine - Tab I; 3. Subdivision Application #015-97 of Wythe Avenue Extension - Tab J; 4. Revenue Sharing Application - Tab L; 5. Memorandum and Resolution Re: Community Development Block Grant (CDGB) Project - Tab M; and 6. Departmental Annual Reports - Tab O. Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shickle, the consent agenda as presented 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 CInZEN COMMENTS: Mr. Dan Redman. OoeQuon District, appeared before the board and stated he is a volunteer fire fighter at Stephens City and has concerns with cul-de-sacing Aylor and Town Run Roads proposed with the widening ofI-81. In doing this, fire and rescue and emergency services would be detrimentally affected and asked that serious study be given to better alternatives in accessing these 11 570 roads. He had received a letter from VDOT's Dennis Morrison that addressed issues Mr. Redman had some major concerns with and the board asked that he provide a copy ofthat letter to Mr. Riley. COMMITTEE APPOINTMENTS THERESA CATLETT NOMINA TED TO SERVE ON THE BOARD OF ZONING APPEALS (OPEOUON DISTRICT REPRESENTATIVE) - APPROVED Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., Theresa Catlett was nominated to serve on the Board of Zoning Appeals. This nomination will be forwarded to Judge Prosser for his review and approval. 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 SCOTT T. MARKS APPOINTED TO SHAWNEE-LAND SANITARY DISTRICT ADVISORY COMMITTEE Upon motion made by Margaret B. Douglas, seconded by Robert M. Sager, Scott T. Marks was appointed to serve on the Shawnee-Land Sanitary District Advisory Committee. This appointment fulfills the unexpired term of Thomas E. Rogers who resigned February 19, 1998. This appointment will expire June 30,2000. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARING DATE SCHEDULED FOR PLANNING COMMISSION ITEMS - APPROVED UNDER CONSENT AGENDA The board approved the following Planning Commission items for public hearing on April 8, 1998: 1) Rezoning #001-98, Eastgate Commerce Center by Wrights Run, L.P.; 2) Rezoning #002-98, Tasker Road and Warrior Road Commercial by Fred L. Glaize, II; 3) Rezoning #003-98, Briarwood Estates by SHIHO, Inc.; CONSIDERATION OF CLAIM OF JOHN AND KAREN CRIBBS SUBMITTED BY A TTORNEY SUSAN LUBY LUEBEHUSEN - DENIED II I, I! JI571 Mr. Riley presented the claim from Mr. John B. and Karen M. Cribbs as submitted by their attorney requesting the county to pay for expenses incurred to restore structural damages to their home and legal fees. The claim alleges that the proper county inspections were not performed during the construction of the foundation of the home. On the blueprints, a warning was printed that the house was designed for a crawl space only and reengineering would be required if a basement was built. The contractors, however, built a full basement and the Cribbs claim that the county inspectors did not require the builder to reengineer the blueprints and did not notice the basement which was a variance to the approved plans on file. Ms. Susan Luby Leubehusen, attorney representing Mr. and Mrs. Cribbs, appeared before the board to explain in detail the claim presented to the board. The total claim amounted to $26,034, however, $10,000 was awarded to the Cribbs from the Virginia Recovery Fund Allowance, thereby reducing the claim to $16,034 plus legal fees. After further discussion and consultation with the county's attorney, it was established that the county would be covered under the county's liability insurance should the claimant file suit against the county. Upon motion made by Richard C. Shickle, seconded by Robert M. Sager, this claim was denied by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye RESOLUTION (#023-98) RE: WINCHESTER VOLUNTEER RESCUE SOUAD TO JOIN FREDERICK COUNTY'S FIRE AND RESCUE DEPARTMENT - APPROVED Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the following resolution was approved: RESOLUTION WINCHESTER VOLUNTEER RESCUE SQUAD TO JOIN WITH THE FREDERICK COUNTY FIRE AND RESCUE DEPARTMENT WHEREAS, the Winchester Volunteer Rescue Squad (hereinafter the "Squad") approached the City of Winchester and Frederick County with the desire to move to the Frederick County Fire and Rescue Department; and WHEREAS, a high level of EMS and fire services will be maintained with the affiliation of 512 the Squad with Frederick County Fire and Rescue Departments through mutual assistance agreements; and WHEREAS, the Frederick County Volunteer Fire and Rescue Association (hereinafter the "Association") unanimously voted to accept the Squad into the system; and WHEREAS, the Squad and the Association have begun preparation for the transfer of the Squad to the Frederick County Fire and Rescue Department on March 31, 1998; and NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby acknowledge and accept the vote of the Frederick County Volunteer Fire and Rescue Association to include the Winchester Volunteer Rescue Squad into the Frederick County Fire and Rescue Department; and BE IT FURTHER RESOLVED, that the Frederick County Board of Supervisors authorizes the County Administrator to create two full-time FirefighterlEMT positions and transfer funding from operational contingency for such purpose. ADOPTED this 11th day of March, 1998. 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 Supervisor Shickle asked if the board would be involved with the location of this fire department. Mr. Riley stated the board would have some involvement in the decision process and would keep the board advised as matters moved along with this project. REQUEST FROM PARKS AND RECREATION - EXECUTE A CONTRACT FOR $5.590 AND TO ADMINISTRA TIVEL Y APPROVE CHANGE ORDERS FOR ROCK REMOVAL UP TO $4.000 AT CLEARBROOK PARK - APPROVED Mr. Riley presented this request. This action was necessary in order to secure cost estimates to upgrade the underground drain line at Clearbrook Park in order to comply with federal and state laws for the discharging of water at the swimming pool. A low bid of $5,950 was received to do this work and a quote of$90 per cubic yard for rock removal. Rock removal was estimated at $3,000- $4,000. Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, to approve the above request with the rock removal project not to exceed $4,000. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye 11573 I Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARINGS: PUBLIC HEARING - PROPOSED SCHOOL BOND FINANCING BY THE COUNTY QF FREDERICK. VIRGINIA - PUBLIC HEARING IN ACCQRDANCE WITH SECTION 15.2-2606 OF THE CODE OF VIRGINIA. 1950. AS AMENDED. ON THE ISSUANCE OF GENERAL OBLIGATION SCHOOL BONDS (THE "BONDS") OF THE COUNTY IN THE ESnMA TED MAXIMUM AMOUNT OF $3.200.000 TO FINANCE OR REFINANCE CERTAIN CAPITAL PROJECTS FOR SCHOOL PURPOSES. RESOLUTION (#024-98) AUTHORIZING THE ISSUANCE OF THE BONDS-APPROVED Mr. Riley presented this resolution to the board. There was no public input on this school bond. Upon motion made by Charles W. Orndoff, Sr., seconded by Richard C. Shickle, the following resolution was approved: WHEREAS, the Board of Supervisors (the "Board") of the County of Frederick, Virginia (the "County") has determined that it is necessary and expedient to borrow not to exceed $3,200,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes. WHEREAS, the County has held a public hearing, after due publication of notice, in accordance with Section 15.2-2606, Code of Virginia of 1950, as amended (the "Virginia Code") on March 11, 1998 on the issuance of school bonds in the amount not to exceed $3,200,000. WHEREAS, the School Board of the County has requested by resolution the Board to authorize the issuance of the Bonds (as defined below) and has consented to the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell general obligation school bonds of the County in an aggregate principal amount not to exceed $3,200,000 (the "Bonds") for the purpose offinancing certain capital projects for school purposes. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of the Virginia Public School Authority (the "VPSA") to purchase from the County, and to sell to the VPSA, the Bonds upon the terms established pursuant to this Resolution. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to enter into a Bond Sale Agreement with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form on file with the County Administrator, which form is hereby approved ("Bond Sale Agreement"). 3. Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of$5,000 and whole multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 1998"; shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 (each an "Interest Payment Date"), beginning July 15, 1998 (or such other date or dates as the County Administrator may approve) at the rates established in accordance with paragraph 4 of this Resolution; and shall mature 574 on July 15 (or such other date as the County Administrator may approve) in the years (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 4 of this Resolution. 4. Principal Installments and Interest Rates. The County Administrator is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSABonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed eight percent (8%) per annum. The County Administrator is further authorized and directed to accept the aggregate principal amount of the Bonds coming due on each Principal Payment Date ("Principal Installments") established by the VPSA, including any changes in the Interest Payment Dates, the Principal Payment Dates and the Principal Installments which may be requested by VPSA provided that such aggregate principal amount shall not exceed the maximum amount set forth in paragraph one and the final maturity of the Bonds shall not be later than 21 years from their date. The execution and delivery of the Bonds as described in paragraph 8 hereof shall conclusively evidence such Interest Payment Dates, Principal Payment Dates, interest rates, principal amount and Principal Installments as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. For as long as the VPSA is the registered owner of the Bonds, the Bonds shall be in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A On twenty (20) days written notice from the VPSA, the County shall deliver, at its expense, Bonds in marketable form in denominations of$5,000 and whole multiples thereof, as requested by the VPSA, in exchange for the temporary typewritten Bond. 6. Payment: Paying Agent and Registrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal of, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at or before 11 :00 AM. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11 :00 AM. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption; (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds; and (c) Crestar Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. Prepayment or Redemption. The Principal Installments of the Bonds held by the VPSA coming due on or before July 15,2009, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2009, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds held by the VPSA coming due after July 15,2009, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15, 2009, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2009, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2009 to July 14, 2010, inclusive.........................................................102% July 15, 2010 to July 14, 2011, inclusive.........................................................101 July 15, 2011 and thereafter ...........................................................................100; il 11575 I Provided. however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. The County Administrator is authorized to approve such other redemption provisions, including changes to the redemption dates set forth above, as may be set forth in the Bond Sale Agreement. 8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of, and the premium, ifany, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of, and the premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate; Non-Arbitrage Certificate. The Chairman ofthe Board and the County Administrator and such officer or officers of the County as either may designate are hereby authorized and directed to execute a Non-Arbitrage Certificate, if requested by bond counsel, and a Use of Proceeds Certificate setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (I) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Use of Proceeds Certificate and the County shall comply with the covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non-Arbitrage Program; Proceeds Agreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the County Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager, and the depository substantially in the form on file with the County Administrator which form is hereby approved. 12. Continuing Disclosure Agreement. The Chairman of the Board and the County Administrator, or either of them, and such officer or officers of the County as either of them may designate are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12. 13. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 14. Further Actions. The County Administrator, the Chairman of the Board, and such other officers, employees and agents of the County as either of them may designate are hereby authorized to take such action as the County Administrator or the Chairman of the Board may consider 576 necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Frederick, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on March 11, 1998, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certifY that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. WITNESS MY HAND and the seal of the Board of Supervisors of the County of Frederick, Virginia, this 11th day of March, 1998. The above motion was approved by the fo1lowing recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sf. - Aye PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 48. ANIMALS AND FOWL: ARTICLE I. DOG LICENSING: RABIES CONTROL: BY THE ADDITION OF SECTION 48-3.1. AUTHORITY TO CONTROL DANGEROUS OR VICIOUS DOGS. THE PURPOSE OF THIS PROPOSED ORDINANCE AMENDMENT IS TO CONTROL DANGEROUS OR VICIOUS DOGS ALONG WITH ENFORCEMENT AND PENALTY PROVISIONS- APPROVED Mr. Riley presented this ordinance amendment. The board questioned section D of this ordinance amendment and requested that it be amended to a1low the treasurer and not the animal control officer to co1lect fees and issue tags. Laura Lanham. resident in Whitacre appeared before the board and stated she did not have a problem with the ordinance but wanted to make sure this ordinance was enforced fairly. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the fo1lowing ordinance amendment was approved as amended: BE IT ORDAINED, to amend the Frederick County Code, Chapter 48, Animals and Fowl; Article I, Dog Licensing; Rabies Control; by the Addition of Section 48-3.1, Authority to Control Dangerous or Vicious Dogs, to read as fo1lows: ~48-3.1 Authoritv to Control DaDl:!erous or Vicious D02S. (In Accordance with Code of Virginia, 1950, as amended, Section 3.1-796.93:1.) A. As used in this section, "dangerous dogs" means a canine or canine crossbreed which has bitten, attacked, or inflicted injury on a person or companion or domestic animal, or ki1led a companion or domestic animal, and "vicious dog" means a canine or canine crossbreed which has (I) ki1led a person; (ii) inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of a bodily function; or (iii) continued to exhibit 'Ii Ii 1577 the behavior which resulted in a previous finding by a court that it is a dangerous dog, provided that its owner has been given notice of that finding. B. Any animal warden who has reason to believe that a canine or canine crossbreed within his jurisdiction is a dangerous dog or vicious dog shall apply to a magistrate of the jurisdiction for the issuance of a summons requiring the owner or custodian, if known, to appear before a general district court at a specified time. The summons shall advise the owner of the nature of the proceeding and the matters at issue. The animal warden or owner shall confine the animal until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the owner, custodian or harborer ofthe animal to produce the animal. If, after hearing the evidence, the court finds that the animal is a dangerous dog, the court shall order the animal's owner to comply with the provisions of the ordinance. If, after hearing the evidence, the courts finds that the animal is a vicious dog, the court shall order the animal euthanized in accordance with the provisions of ~3 .1- 796.119. of the Code of Virginia, 1950, as amended. C. No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog solely because it is a particular breed, nor shall the local governing body prohibit the ownership of a particular breed or canine or canine crossbreed. No animal shall be found to be a dangerous dog or vicious dog if that threat, injury or damage was sustained by a person who was (I) committing, at the time, a crime upon the premises occupied by the animal's owner or custodian, (ii) committing, at the time, a willful trespass or other tort upon the premises occupied by animal's owner or custodian, (iii) provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. No police dog which was engaged in the performance of its duties as such at the time of the acts complained of shall be found to be a dangerous dog or a vicious dog. No animal which, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, or its owner or owner's property, shall be found to be a dangerous dog or a vicious dog. D. The owner of any animal found by a court to be a dangerous dog shall, within ten days of such finding, obtain a dangerous dog registration certificate from the treasurer for a fee of fifty dollars in addition to other fees that may be authorized by law. The local treasurer shall also provide the owner with a uniformly designed tag which identifies the animal as a dangerous dog. The owner shall affix the tag to the animal's collar and ensure that the animal wears the collar and tag at all times. All certificates obtained pursuant to this subdivision shall be renewed annually for the same fee and in the same manner as the initial certificate was obtained. E. All certificates or renewals thereof required to be obtained under this section shall only be issued to persons eighteen years of age or older who present satisfactory evidence (I) of the animal's current rabies vaccination, if applicable, and (ii) that the animal is and will be confined in a proper enclosure or is and will be confined inside the owner's residence or is and will be muzzled and confined in the owner's fenced-in yard until the proper enclosure is constructed. In addition, owners who apply for certificates or renewals thereof under this section shall not be issued a certificate or renewal thereof unless they present satisfactory evidence that (I) their residence is and will continue to be posted with clearly visible signs warning both minors and adults of the presence of a dangerous dog on the property and (ii) the animal has been permanently identified by means of a tattoo on the inside thigh or by electronic implantation. F. While on the property of its owner, an animal found by a court to be a dangerous dog shall be confined indoors or in a securely enclosed and locked structure of sufficient height and design to prevent its escape or direct contact with or entry by minors, adults, or other animals. The structure shall be designed to provide the animal with shelter from the elements of nature. When off its owner's property, an animal found by a court to be a dangerous dog shall be kept on a leash and muzzled in such a manner as not to cause injury to the animal or interfere with the animal's vision or respiration, but so as to prevent it from biting a person or another animal. G. If the owner of an animal found by a court to be a dangerous dog is a minor, the custodial parent or legal guardian shall be responsible for complying with all requirements of this section. II 578 H. After an animal has been found by a court to be a dangerous dog, the animal's owner shall immediately, upon learning of same, notifY the local animal control authority if the animal (I) is loose or unconfined; (ii) bites a person or attacks another animal; (iii) is sold, given away, or dies; or (iv) has been moved to a different address. I. The owner of any animal which has been found by a court to be a dangerous dog who willfully fails to comply with the requirements of the ordinance shall be guilty of a Class 1 misdemeanor. J. All fees collected pursuant to the ordinance, less the costs incurred by the animal control authority in producing and distributing the certificates and tags required by the ordinance, shall be paid into a special dedicated fund in the treasury of the locality for the purpose of paying the expenses of any training course required under ~ 3.1-796.105. of the Code of Virginia, 1950, as amended. 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 PLANNING COMMISSION BUSINESS: UNFINISHED BUSINESS: CONDITIONAL USE PERMIT #010-97 OF T. P. AND SUSAN GOODMAN TO CONDUCT THE FOLLOWING ACTIVITIES: SOCIAL CENTER. CATERED FUNCTIONS. TOURS. MEETINGS. OUTDOOR RECREATION. ETC. THE PROPERTY IS LOCATED AT 534 REDBUD ROAD AND IS IDENTIFIED WITH PROPERTY IDENTIFICA nON NUMBER 54-A-87 IN THE STONEWALL MAGISTERIAL DISTRICT - POSTPONED FOR 30 DAYS Zoning Administrator Eric Lawrence presented this request and stated he had confirmed with the Vrrginia Department of Transportation on March 3, 1998 that Mr. Goodman nor his engineer had contacted VDOT concerning the entrance to this property. The board voted, on January 14, 1998, to postpone a decision on this application for 60 days to allow Mr. Goodman to resolve the entrance improvements required by VDOT. Supervisor Longerbeam conveyed to the board members that Mr. Goodman was having problems obtaining the needed right-of-ways in order to resolve finalization of the design of the entrance to this property. A meeting was scheduled for Friday, March 13, with the various players involved with this issue to try and see if some resolution could be obtained. Supervisor Orndoff felt plenty of time had been given to Mr. Goodman and felt this request should come to closure. Upon motion made by Charles W. Omdoff, Sr., seconded by Richard C. Shickle, to deny this II I /"1579 CUP. The above motion was lost due to the following tie vote: James L. Longerbeam - Nay W. Harrington Smith, Jr. - Nay Margaret B. Douglas - Nay Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, to table this CUP for 30 days. The above motion was lost due to the following tie vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Nay Richard C. Shickle - Nay Charles W. Orndoff, Sr. - Nay Mr. Goodman, the applicant, appeared before the board and stated he was working with various organizations and surrounding residents to try and resolve the entrance issue, however, he needed another 30 days. If some conclusion could not be obtained with this at that time, he would not ask the board for an extension and would have to deal with the consequences. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., to table this CUP for another 30 days and at that time this issue would come to closure whether approved or not and would not be considered at a later time. 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, Sr. - Nay SHENANDOAH MOBILE CO. TELECOMMUNICATIONS TOWERS - ACTION POSTPONED FOR 30 DAYS Planner Michael Ruddy presented this request. The following CUP's are pending action until concerns addressed by the board at their meeting on January 28, 1998, could be addressed. Detailed information was presented which addressed many of the issues raised by the board. This information was provided to help the board determine if additional information was needed in order to vote on 580 these CUPs. Since the board was not clear of the issues concerning the siting offacilities and the limits in which jurisdictions may use their authority, the board was not comfortable with taking action on these CUPs and felt an opinion was needed from the Attorney General. Concern was also addressed regarding notifying affected residents of any changes to the CUPs before the board's action on same. Planning staff noted that this information is public information and is available to the public upon request. Upon motion made by Robert M. Sager, seconded by Margaret B. Douglas, to postpone action on these CUP's for 30 days (board meeting of April 8) to coincide with the original motion and staff to write the Attorney General's office and request an opinion on what local government's can and can not do under the Telecommunications Act. 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 CONDITIONAL USE PERMIT #020-97 OF SHENANDOAH MOBILE CO. TO ERECT A 125 FOOT COMMERCIAL TELECOMMUNICATIONS FACILITY ON PROPERTY OWNED BY THE ESTATE OF CHARLES K. POOLE. THIS PROPERTY IS KNOWN AS THE BOWLING GREEN RIDGE SITE. IS LOCATED APPROXIMATELY 0.25 MILES EAST ON ROUTE 688 FROM THE INTERSECTION WITH ROUTE 50. AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 28-A-165 IN THE GAINESBORO MAGISTERIAL DISTRICT CONDITIONAL USE PERMIT #021-97 OF SHENANDOAH MOBILE CO. TO ERECT A 100 FOOT COMMERCIAL TELECOMMUNICATIONS FACILITY ON PROPERTY OWNED BY NORMAN AND PANSY ANDERSON. THIS PROPERTY IS KNOWN AS THE LITTLE TIMBER RIDGE SITE. IS LOCATED ON ROUTE 610 APPROXIMA TEL Y 0.38 MILES SOUTH OF THE INTERSECTION OF ROUTES 50 AND 610. AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 27-A-8 IN THE BACK CREEK MAGISTERIAL DISTRICT CONDITIONAL USE PERMIT #022-97 OF SHENANDOAH MOBILE CO. TO ERECT A 350 FOOT COMMERCIAL TELECOMMUNICATIONS FACILITY ON PROPERTY OWNED BY THOMAS AND NINA GUTHRIDGE. THIS PROPERTY IS KNOWN AS THE HUNTING RIDGE SITE. IS LOCATED ON TURTLE DRIVE APPROXIMATELY 0.5 MILES PAST THE INTERSECTION WITH ROUTE 616. AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 51-A-67 IN THE BACK CREEK MAGISTERIAL DISTRICT CONDITIONAL USE PERMIT #023-97 OF SHENANDOAH MOBILE CO. TO ERECT A 300 FOOT COMMERCIAL TELECOMMUNICATIONS FACILITY ON 581 PROPERTY OWNED BY LINWOOD AND ELIZABETH RITTER. THIS PROPERTY IS KNOWN AS THE SHERANDO SITE. IS LOCATED APPROXIMATELY 3/4 MILE SOUTH OF THE INTERSECTION OF ROUTES 277 AND 636. AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 86-A-209 IN THE OPEOUON MAGISTERIAL DISTRICT CONDITIONAL USE PERMIT #024-97 OF SHENANDOAH MOBILE CO. TO ERECT A 200 FOOT COMMERCIAL TELECOMMUNICATIONS FACILITY ON PROPERTY OWNED BY WAYNE AND JULIE SMITH. THIS LAND IS KNOWN AS THE PARKINS MILL SITE. IS LOCATED OFF ROUTE 642. APPROXIMATELY 3/10 MILE PAST THE INTERSECTION OF SOUIRE LANE AND KNIGHT DRIVE. AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 76-A-98 IN THE SHAWNEE MAGISTERIAL DISTRICT OTHER PLANNING ITEMS: SUBDIVISION APPLICATION #004-98 OF MARK AND RACHELLE REPINE - APPROVED UNDER CONSENT AGENDA This property is located at the eastern portion of Idylwood Drive in the existing Heritage Hills subdivision (Route 1238) in the Shawnee District and is identified as Property ID Number 54-3- lA. The Planning Commission recommended approval at their meeting of February 18, 1998 with no conditions or concerns. SUBDIVISION APPLICATION #015-97 OF WYTHE A VENUE EXTENSION - APPROVED UNDER CONSENT AGENDA This property is located at the end of the existing Wythe Avenue in Stephens City in the Opequon Magisterial District and is identified as Property ID Number 75-A-65. The Planning Commission, at their meeting of February 18, 1998, recommended approval of the subdivision with the following change: no entrance from any lots onto Caroline Avenue will be allowed. (NOTE: This item will be presented to the board again on March 25, 1998, because the applicant's plat presented to the board at this meeting was not revised to show the Planning Commission's change, therefore, neither staff nor the applicant was clear as to what was approved since this item was placed under the consent agenda.) PRIMARY ROAD IMPROVEMENT PLAN - APPROVED Mr. Ruddy presented this plan. Based on the discussions that took place at the work session held earlier in the meeting, Mr. Ruddy requested amendment to priority 4 pertaining to 1-81 (East of Winchester). The changes as discussed are outlined below. Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, the 1998 Primary Road Improvement Plan was approved as follows: 582 PREFACE The 1998 Primary Road Improvement Plan for Frederick County, Virginia focuses on the development of a new limited access arterial corridor and improvements to existing major and minor arterial systems within the county's Urban Development Area. The improvements recommended in this plan will complete the primary road system necessary to manage the traffic demands in Frederick County and the City of Winchester into the foreseeable future. These projects are listed in order of priority and will continue to appear on subsequent plans until funding has been secured for their completion. Projects earmarked for allocations are specified in the Commonwealth Transportation Board Final Allocation of Funds - Fiscal Year 1997-1998 through 2002-2003. These projects include the recently completed four-lane improvement to U.S. Route 522, south of Winchester (Front Royal Pike); interchange modifications at Route 37/U.S. Route 11, north of Winchester (Martinsburg Pike); the reconstruction of a portion of the northbound lane on US. Route 522, north of Winchester (North Frederick Pike) to remove existing "S" curves near Cross Junction; the replacement of a bridge over Isaacs Creek on US. Route 522, north of Winchester; the reconstruction of the intersection at US. Route 522 and Route 654, north of Winchester; the preliminary engineering for the widening of Interstate-81 within Frederick County; and the preliminary engineering for Route 37 from Interstate-81 south to US. Route 522. 1998 PRIMARY ROAD IMPROVEMENT PLAN 1) Route 37 Eastern Bypass (Alternative C) A) Continued reimbursement of funding provided by Frederick County to undertake the study and prepare the Environmental Impact Statement for the preferred alternative recommended by the Commonwealth Transportation Board. B) Initiate engineering and design, acquire right-of-way, and establish a construction phase schedule for the preferred alternative between the southern terminus of Route 37 to the new intersection with Route 7 east of the City of Winchester as follows: * From the southern terminus of Route 37 to Route 522 * From Route 522 to Route 50/17 * From Route 50/17 to Route 7 C) Program funds to initiate engineering and design, right-of-way acquisition and construction from Route 7 to the Route 37 northern terminus once a final environmental impact study is approved by the Commonwealth Transportation Board. 2) Route 277 (East of Stephens City) From: To: 1-81/277/647 Intersection (East of Stephens City) Route 340/522 South Intersection (East of Double Toll Gate) A) Initiate engineering and design, acquire right-of-way, and establish a construction schedule for the above segment in the following phases: * From the 1-81/277 Interchange to Route 636 * From Route 636 to Route 340/522 B) Work with county staff to acquire dedicated right-of-way and achieve grading, drainage, and construction improvements in conjunction with development projects which occur along the corridor until such time that funding is available for q I, , I construction. C) Program funding for the phased construction of the segment described above. 3) Route 11 (North and South of Winchester) A. Southern limits of the City of Winchester Route 652, Apple Valley Road Intersection From: To: Widen and improve to five lanes. B. From: To: Northern limits of the City of Winchester Interstate 81 Exit 317 Interchange Widen and improve as necessary. 4) 1-81 (East of Winchester) From: To: West Virginia line Warren County line Provide additional through lanes, modifications to existing access points, and additional access points to the main line as recommended by the Interstate 81 Study and the Winchester Area Transportation Study (W A TS) in the following order of priority: Priority #1: From Route 277, Stephens City, to new interchange off 37 at 1-81 North of Winchester. Priority #2: Remainder ofI-81 in Frederick County. 5) Commuter Park and Ride Lots Conduct studies and utilize existing information from the Lord Fairfax Planning District Commission to determine the location of needed facilities. 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 REVENUE SHARING APPLICATION OF WARRIOR DRIVE - APPROVED UNDER CONSENT AGENDA RESOLUTION OF SUPPORT "REVENUE SHARING PROGRAM" FOR WARRIOR DRIVE WHEREAS, the County of Frederick desires to submit an application for the improvement and expansion of Warrior Drive through the Virginia Department of Transportation "Revenue Sharing Program"; and WHEREAS, the improvement and expansion of Warrior Drive between Fairfax Pike (Route 277) and Tasker Dive (Route 642) will establish a north-south major collector roadway which will alleviate traffic congestion and improve the Level of Service at the Interstate 81, Fairfax Pike and Aylor Road (Route 647) interchange area; and il II 583 584 WHEREAS, the County of Frederick is willing to enter into an agreement with the Virginia Department of Transportation to expedite the design and construction Warrior Drive, in which the County of Frederick will apply for funding through the "Revenue Sharing Program" annually until the project cost is achieved, and the Virginia Department of Transportation will provide assistance with right-of-way and utility issues, as well as initiate the design and construction of Warrior Drive. NOW, THEREFORE, BE IT ORDAINED that the Frederick County Board of Supervisors supports the application to improve and expand Warrior Drive through the Virginia Department of Transportation "Revenue Sharing Program." Passed this 11th day of March, 1998. MEMORANDUM AND RESOLUTION (#026-98) RE: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT - APPROVED UNDER CONSENT AGENDA FAIR HOUSING RESOLUTION FREDERICK COUNTY, VIRGINIA WHEREAS, Federal and state fair housing laws have the two objectives: (1) to prohibit discrimination practices in the sale, rental, and financing of housing; and (2) to implement housing and community development programs in a manner to affirmatively further the purposes of the fair housing laws; and, WHEREAS, the basis for discrimination outlawed by the Federal and state fair housing acts are race, color, sex, religion, national origin, handicap, age, and familial status; and, WHEREAS, the County of Frederick believes fair housing choice means the ability of persons of similar income levels to have available to them a like range of housing choices and will promote understanding of equality and freedom of choice to achieve acceptance and attainment of the goals embodied in the fair housing laws; and, WHEREAS, the County has certified it will take actions in implementing its housing and community development activities through the Virginia Small Cities Community Development Block Grant Program in a manner to affirmatively further fair housing in the private and public sectors. NOW, THEREFORE, BE IT RESOLVED, the Board of Supervisors of Frederick County pledges to work with its citizens in pursuit of the shared goal and responsibility for providing equal housing opportunities for all and to maintain an unwavering belief in the principles of Equal Housing Opportunity. This resolution shall be in effect on the date of adoption. REOUEST FROM THE DEPARTMENT OF PLANNING AND DEVELOPMENT TO SELECT RER ECONOMIC CONSULTANTS TO PERFORM EVALUATION OF THE COUNTY'S FISCAL IMPACT MODEL - APPROVED Planning Director Kris Tierney presented this request. Vice President Phillip Hammer, Jr., RER Economic Consultants, appeared before the board and advised that he felt his firm was very capable in providing the impact model the board had outlined in its scope of services. Mr. Hammer explained that the parameters could be amended should there be a change in the capital facilities' list, however, he would provide a model based on the current information he had been given. II 'I I I II I 585 After discussion, the board asked that the library be included in the impact model and to proceed if funds were available. The board further requested that planning staff follow up and provide to them the capital facilities' list that will be included in this contract. Upon motion made by Richard C. ShickIe, seconded by W. Harrington Smith, Jr., to approve the firm ofRER Economic Consultants to provide the county's Fiscal Impact Model. 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 DEPARTMENTAL ANNUAL REPORTS - APPROVED UNDER CONSENT AGENDA BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager" the board retired into executive session in accordance with the Code of Virginia, 1950, as amended, Section 2.1-344, Subsection A (3), (5), and (7) to discuss acquisition and disposition ofreal estate, an industrial prospect, and legal issues. The above motion was passed by the following recorded votes: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sf. - Aye BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shickle, the board withdrew from executive session. The above motion was passed 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 - Aye Charles W. Orndoff, Sf. - Aye BOARD RECONVENED INTO REGULAR SESSION ,586 Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shickle, the board reconvened into regular session and certified that nothing other than what was noted as reason for going into executive session was discussed and was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sf. - Aye UPON MOTION MADE BY W. HARRINGTON SMITH, JR., SECONDED BY CHARLES W. ORNDOFF, SR., AND PASSED UNANIMOUSLY, THE BOARD OF SUPERVISORS ADJOURNED AS THERE WAS NO FURTHER BUSINESS TO DISCUSS. a' James L. Longerbeam Chairman, Board of Supervisors Minutes Prepared By: (./ (j/ '../ ,,;Ii . atltc/,0( r' /,({/X)f eA f CathyvL. Tanner Administrative Assistant