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May 13, 1998 Regular Meeting 640 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, May 13, 1998, at 6:00 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. ShickIe; (was not present at the start of the meeting) W. Harrington Smith, Jr.; Charles W. Orndoff, Sr.; Robert M. Sager; and Margaret B. Douglas. CALL TO ORDER Chairman Longerbeam called the meeting to order. 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 (1) (3) and (7) to Discuss Personnel, Acquisition and Disposition of Real Estate and Legal Matters. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. ShickIe - Absent at this time Charles W. Orndoff, Sf. - Aye BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the Board withdrew from executive session. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. ShickIe - Aye Charles W. Orndoff, Sr. - Aye BOARD RECONVENED INTO REGULAR SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the Board reconvened into regular session and certified nothing other than what was noted as reason for going into executive session was discussed. 641' 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 INVOCATION The invocation was delivered by Reverend Carl E. Moore of the Winchester Church of God. ADOPTION OF AGENDA County Administrator John Riley, Jr., requested the following amendments to the agenda: 1. Resolution of Support Consolidation of Water and Sewer Services for the City of Winchester and County of Frederick. 2. Withdrawal from Agenda of Opequon Water Reclamation Facility Intermunicipal Agreement (Tab G). 3. FY 98 Capital Budget Appropriation from Winchester Regional Airport Executive Director Douglas Strand. Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the agenda was adopted as amended by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye CONSENT AGENDA County Administrator John R. Riley, Jr., suggested the following tabs for approval under the consent agenda: 1. Resolution in Honor ofR. Thomas Malcolm - Tab C; 2. Proclamation Re: Youth Appreciation Day - Tab D; 3. Resolution Re: Request for Installation of "Watch for Children" Sign - Tab E; 4. Request from Jail Superintendent to Fill Vacancy - Tab F; 5. Request for Exemption from the Subdivision Ordinance Requirement - Tab Q. Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, the consent agenda as noted above was approved by the following recorded vote: James L. Longerbeam - Aye 642 W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye CITIZEN COMMENTS School Board Chairman Trish Stiles appeared before the Board to address Tab I, Status Update on School Funding from the State, inasmuch as it is not a public hearing item on the agenda. Mrs. Stiles explained that she was not sure how the Board planned to handle this request. If the plan was that time would be allocated later, that was fine, she just wanted to be sure she would have the opportunity to discuss this with the Board. It was the consensus of the Board that Mrs. Stiles would be given time when this item was presented to the Board. Paul Morgan, Stonewall District, asked the Board to please approve the school board request as he is very concerned about the student/teacher ratio as he has two children attending Red Bud Run Elementary. Dick Crane, Stonewall District, referred to a poster that he had seen in the lobby of the Handley Library wherein county citizens were being asked not to support the construction of the Handley Library Branch being put to referendum. He felt this was wrong and not something that should have been placed within the library. MINUTES Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, the minutes of the regular meeting of April 8, 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 - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye Upon motion made by Charles W. Orndoff, Sr., seconded by Margaret B. Douglas, the minutes of the regular meeting of April 22, 1998 were approved as presented by the following recorded vote: James L. Longerbeam - Aye u~rr -~-~------- II I ~ II I 643 W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye CHARLES L. WILMOT. JR.. REAPPOINTED TO THE WINCHESTER REGIONAL AIRPORT AUTHORITY Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shickle, Charles L. Wtlmot, Jr., was reappointed to the Wmchester Regional Airport Authority for a four year term. This term will commence on July 1, 1998 and expire on June 30,2002. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye RESOLUTION (#033-98) IN HONOR OF R. THOMAS MALCOLM - APPROVED UNDER CONSENT AGENDA RESOLUTION IN HONOR OF R. THOMAS MALCOLM WHEREAS, R. Thomas Malcolm has worked within the Frederick County School system since 1965; WHEREAS, he dutifully served as a third and fifth grade teacher at Gore Elementary School from August 1965 to August 1966; as principal and a fourth grade teacher at Kernstown Elementary School from August 1966 to August 1968; as principal ofSenseny Road Elementary School from August 1968 to August 1976; as general supervisor from August 1976 to January 1982; as assistant superintendent for administration from January 1982 to July 1989; and as superintendent from July 1989 to June of 1998; WHEREAS, in each of his positions serving the citizens of Frederick County he met new challenges; succeeded over diversity; and demonstrated enthusiasm, a sense of humor, and untiring dedication; WHEREAS, during his thirty-four years of steadfast service, he has earned the admiration and respect of his friends, colleagues, students, and citizens of Frederick County; and WHEREAS, the Board of Supervisors wishes to express its earnest appreciation to R. Thomas Malcolm for his multiple years of conscientious service to the students and citizens of Frederick County, beginning as a teacher and finishing as superintendent; NOW THEREFORE BE IT RESOLVED that a true copy of this resolution be presented to R. Thomas Malcolm. PASSED this 13th day of May 1998. PROCLAMATION (#009-98) - YOUTH APPRECIATION DAY - APPROVED UNDER CONSENT AGENDA 644 Richard Crane member of the Optimist Club of Winchester appeared before the Board on behalf of this resolution and also invited the Board members to attend the breakfast where these students will be recognized by the Optimist Club. PROCLAMATION YOUTH APPRECIA TION DAY WHEREAS, May 30, 1998, has been designated by the Optimist Club of Winchester as Youth Appreciation Day; and WHEREAS, the development of our youth of today will build the leadership of tomorrow; and WHEREAS, the vast majority of our youth provide services to the betterment of our community through participation and leadership in a variety of school, community and religious activities; and WHEREAS, the Optimist Club of Winchester is bringing these achievements and deeds to the attention of others; and WHEREAS, Youth Appreciation Day provides us with an excellent opportunity to recognize these dedicated youths and thank them for their endeavors; NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors proclaims Saturday, May 30, 1998 as Optimist Youth Appreciation Day in Frederick County, Virginia, and by doing so, calls this observance to the attention of all our citizens; and BE IT FURTHER RESOLVED, that this action publicly expresses confidence in the ability of today' s youth as they assume responsible roles in the future of humankind. PASSED this 13th day of May 1998. RESOLUTION (#037-98) OF SUPPORT FOR CONSOLIDATION OF WATER AND SEWER SERVICES FOR THE CITY OF WINCHESTER AND COUNTY OF FREDERICK-APPROVED County Administrator John R. Riley, Jr., presented this resolution to the Board. RESOLUTION OF SUPPORT CONSOLIDATION OF WATER & SEWER SERVICES FOR THE CITY OF WINCHESTER AND COUNTY OF FREDERICK WHEREAS, the Wmchester-Frederick County Water and Sewer Citizens Group contracted with Griffith Associates to conduct a preliminary feasibility study to consolidate water and sewer services for the City of Winchester and County of Frederick; and WHEREAS, said study is complete and has been released to the respective governing bodies; and WHEREAS, the Frederick-Winchester Service Authority has reviewed said study and recommends implementation of same. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Vrrginia, endorses the Frederick-Winchester Service Authority's action and recommends that implementation measures begin immediately to consolidate water and sewer service and improvements under directorship of the Frederick-Winchester Service Authority. II I I i 645 ADOPTED, this 13th day of May, 1998. 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 - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye RESOLUTION (#035-98) - REOUEST FOR INSTALLATION OF WATCH FOR CHILDREN SIGN - APPROVED UNDER CONSENT AGENDA RESOLUTION REQUESTING THE INSTALLATION OF A "WATCH FOR CHILDREN" SIGN WHEREAS, the 1997 Session of the Virginia Assembly amended the Code of Virginia adding Section 33.1-210.2 relating to the installation and maintenance of signs alerting motorists that children may be at play nearby, and WHEREAS, this act provides for the adoption of a resolution by the governing body of any county requesting the Vrrginia Department of Transportation to install and maintain this type of sign, and WHEREAS, the source of funding for the installation of this sign shall come out of the secondary system construction allocation to the affected county. The costs of maintaining such sign shall be paid out of the secondary system maintenance allocation to the affected county; and WHEREAS, Country Club Circle (Route 779) is located in a residential area and is within the secondary road system and is a viable candidate for a Watch for Children sign, and BE IT THEREFORE RESOLVED, the Frederick County Board of Supervisors does hereby request that the Department of Transportation install a Watch for Children sign in accordance with the provisions of Section 33.1-210.2 of the Code of Virginia. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer of the Virginia Department of Transportation. PASSED this 13th day of May 1998. REOUEST FROM JAIL SUPERINTENDENT TO FILL VACANCY - APPROVED UNDER CONSENT AGENDA This is for the vacant maintenance technician position. OPEOUON WATER RECLAMATION FACILITY INTERMUNICIPAL RESOLUTION (#036-98) AND AGREEMENT - WITHDRAWN AT THIS TIME RESOLUTION FOR THE OPEQUON WATER RECLAMATION FACILITY INTERMUNICIPAL AGREEMENT PROVIDING FOR THE EXPANSION, UPGRADE, OPERATION AND MAINTENANCE, AND DEBT SERVICE WHEREAS, the Opequon Water Reclamation Facility is nearing its maximum flow and biological capacity; and 646 WHEREAS, the Frederick-Winchester Service Authority has completed the study to determine capacity needs and the expansion of the plant to meet those needs; and WHEREAS, to implement the expansion of the plant, it is necessary to amend the Intermunicipal Agreement adopted in September 1983; and WHEREAS, the Frederick County Sanitation Authority, at their April 21, 1998 meeting, approved this resolution. NOW, THEREFORE, BE IT RESOLVED, the Frederick County Board of Supervisors for the County of Frederick, Virginia, does hereby authorize the chairman and secretary to execute the Intermunicipal Agreement in substantially the form presented, copy attached and incorporated with these minutes, with such modifications that may be approved by officers executing the agreement, with the agreement of counsel as a prerequisite to the officers signing, their signatures to be conclusive evidence of such approval. ADOPTED, this 13th day of May, 1998. REOUEST FROM SANITATION AUTHORITY RE: WAIVER REOUEST FROM THE SUBDIVISION ORDINANCE - NORTHWEST WATER STORAGE TANK- APPROVED Engineer-Director W. H. Jones of the Frederick County Sanitation Authority appeared before the Board to explain his request that was before them referencing the Northwest Water Storage Tank. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the request from the Sanitation Authority for waiver from the subdivision ordinance 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 STATUS UPDATE ON SCHOOL FUNDING FROM THE STATE - APPROVED IN PART The Superintendent of Schools is requesting a General Fund supplemental appropriation in the amount of $489, 164 for 13 new positions. The original amount was $526,792; however, due to action by the General Assembly the amount was changed. The action being requested by the Superintendent and school board is a request of additional local money in order to fund 13 additional positions in the amount of $47,147. Chairman of the School Board Trish Stiles advised Board members of those schools that would be effected by additional staffing and how the state determines how these funds are allocated. In order to be eligible for the additional K-3 funds, one additional teacher must be hired at Bass- 647 Hoover Elementary School to meet ratio requirements. If the teacher is not hired at Bass-Hoover the county will forfeit $11,727. School Superintendent R. Thomas Malcolm, together with Assistant Superintendent Robert Cleaver, further explained why these additional positions were needed. Mr. Malcolm further explained to the Board that the county did not get what they thought they would in construction funds from the state. Board Member Marge Rowe explained how the free lunch program and the number of students enrolled in this affects the funding that is received by the county from the state. Board Member Richard C. Shickle moved to approve 4 positions for a total amount of $150,512. School Board Member Robert M. Sager stated he would second this motion ifhe would offer an amendment. This amendment would be to approve 5 teacher positions, as follows for a total amount of $188,140: 1 - Robert E. Aylor Jr. High 1 - Bass Hoover Elementary 2 - Red Bud Run Elementary 1 - Armel Elementary The above amendment was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Nay REOUEST FROM WINCHESTER REGIONAL AIRPORT EXECUTIVE DIRECTOR FOR FY 98 CAPITAL BUDGET APPROPRIATION - APPROVED County Administrator John R. Riley, Jr. presented this request to the Board inasmuch as the director had an emergency and had to leave. Me. Riley explained that the Authority is requesting an appropriation of funds for land acquisition and seal coating projects. The total appropriation request is $535,000 with local funding requirement in the amount of$103,500. Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shickle, the request of the Winchester Regional Airport Executive Director was approved as presented by the following 648 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 CORRESPONDENCE AND RESOLUTION (#034-98) - HANDLEY REGIONAL LIBRARY BOND REFERENDUM - WITHDRAWN - SITE LOCATION TO BE DECIDED UPON FIRST PUBLIC HEARING - PROPOSED ORDINANCE - SALARIES OF THE BOARD OF SUPERVISORS - TO FIX THE ANNUAL SALARY FOR THE CHAIRMAN OF THE BOARD OF SUPERVISORS AT $8.000.00 AND THE ANNUAL SALARY FOR EACH OTHER MEMBER OF THE BOARD OF SUPERVISORS AT $7.000.00- APPROVED - TO REMAIN AS IT CURRENTLY IS ORDINANCE SALARIES OF BOARD OF SUPERVISORS BE IT ORDAINED, the annual salary for each member of the Board for the fiscal year beginning July 1, 1998, shall be $7,000.00; and an additional sum of $1,000.00 shall be paid to the Chairman of the Board for the fiscal year beginning July 1, 1998. Upon motion made by Richard C. Shickle, seconded by W. Harrington Smith, Jr., the above ordinance was approved as presented by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARING - PROPOSED ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 155. TAXATION: ARTICLE XIV. GENERAL BUSINESS LICENSE PROVISIONS: SECTION 155-76. PAYMENT: DELINOUENT PAYMENTS: LATE FILING: GRACE PERIOD. TO AMEND PARAGRAPHS C AND D. THE PURPOSE OF THIS AMENDMENT IS TO MORE CLEARLY DEFINE THE PARAGRAPHS - APPROVED County Administrator John R. Riley, Jr., presented these two amendments to the Board. BE IT ORDAINED, that Chapter 155, Taxation; Article XIV, General Business License Provisions; Section 155-76, Payment; Delinquent Payments; Late Filing; Grace Period, to Amend Paragraphs C and D, to read as follows: ~155-76. Payment; delinquent payments; late filing; grace period. C. A penalty of 10% of the tax may shall be imposed upon the failure to file an application or the failure to pay the tax by the appropriate due date. Only the late filing penalty shall be imposed by the assessing official if both the application and payment are late by the initial due date. However. both penalties shall be assessed if the assessin2 official determines that the taxpaver has a history of noncompliance. II I I " 1649 D. However, both p~lI.ut~cs IU"y be assessed if tile a~.....ssing official detellll~nc" that the ~p4yel hM a history of llOh...OlhpliAd\-c. In the case of an assessment of additional tax made by the assessing official, if the application and, if applicable, the return were made in good faith and the understatement of the tax was not due to any fraud, reckless or intentional disregard of the law by the taxpayer, there shall be no late payment penalty assessed with the additional tax. If any assessment of the tax be the assessing official is not paid within 30 days, the Treasurer may shall impose a 1 ()o1o late payment penalty. The penalties shall not be imposed or, if imposed, shall be abated by the official who assessed them if the failure to file or pay was not the fault of the taxpayer. In order to demonstrate lack of fault, the taxpayer must show that he acted responsibly and that the failure was due to events beyond his control. There was no public input. Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shickle, the above ordinance amendment 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 - PROPOSED ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 155. TAXATION: ARTICLE XU. TRANSIENT OCCUPANCY TAX (LODGING TAX): TO DELETE SECTION 155-55. PENALTY AND INTEREST AND REPLACE IT WITH A NEW SECTION 155-55. PENALTY AND INTEREST. PARAGRAPHS A AND B. THE PURPOSE OF THIS AMENDMENT IS TO CLARIFY AND IMPLEMENT THE PENALTIES AND INTEREST AND TO BE CONSISTENT AND COINCIDE WITH THE LANGUAGE IN ARTICLE XVII. FOOD AND BEVERAGE TAX (MEALS TAX). SECTION 155- 120. PENALTY AND INTEREST - APPROVED County Administrator John R. Riley, Jr., presented this request to the Board. BE IT ORDAINED, that Chapter 155, Taxation; Article XII, Transient Occupancy Tax (Lodging Tax); to Delete Section 155-55, Penalty and Interest and Replace it with a New Section 155-55, Penalty and Interest, Paragraphs A and B, to read as follows: ~155-55. Penalty and Interest. !fatly petson whose duty it is to do 50 shall fail or lefuse to mak~ the lepolt 01 lemit the th I eq un ed by tI.;s AI tide within tile tnlle And ~1l th" amount 1 eq lIired, thel e shall be added to tile th by the Commissioner a pUlaHy iutlle atilOuut of tell percent (10%) of tile tAA, or a minimum of two doHals ($2.), if such f..au." is not mote than thirty (30) dayS dulation, atld thelea:ftca ~ulelest shall be payable on ~uch ovcldue th ~l\ the AmOunt often pelccnt (10%) per annum. A. There shall be a penaltv often percent (10%) added to all transient occupancy taxes imposed under the provisions of this Article that are unpaid on the due date as provided in this Article. B. In addition to such penaltv. interest at the rate of ten percent (10%) per annum shall accrue and be added to all due and unpaid taxes and penalties be2innin2 with the first day followin2 the imposition ofthe penaltv: provided. however. that for the second and subsequent years of the delinquencv. such interest shall be at the rate established Dursuant to Section 6621 of the United States Internal Revenue Code 650 of 1986.26 U.S.c. & 6621. as amended. but not less than ten percent (10%). Taxes and penalties herein Drovided shall be assessed and collected in the manner provided bv law for the enforcement of the collection of other taxes. There was no public input. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above ordinance amendment was approved as presented by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye PLANNING COMMISSION BUSINESS: PUBLIC HEARING - PROPOSED CONVEYANCE BY THE COUNTY OF ITS RIGHT-OF-WAY INTEREST IN THAT CERTAIN PARCEL OF LAND IN MERRIMAN'S ESTATES. ABUTTING LOTS 7. 8. AND 9. ACOUIRED BY THE COUNTY DEED OF DEDICATION OF RECORD IN THE CIRCUIT COURT CLERKS OFFICE IN DEED BOOK 263. AT PAGE 257 - APPROVED Zoning Administrator Eric Lawrence presented this request to the Board. Following Board discussion it was their consensus that this right-of-way would revert back to the three lots that are currently there. There was no public input. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the abandonment of Right-of-Way request as noted above was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye OTHER PLANNING ITEMS: MASTER DEVELOPMENT PLAN #001-98 OF ZEIGLER PROPERTY - APPROVED Planner II Mike Ruddy presented this request to the Board noting that staff and planning commission recommended approval. Board member Margaret B. Douglas advised that she would not be taking part in any discussion or vote on this Master Development Plan. Upon motion made by Charles W. Orndoff, Sr., seconded by Richard C. Shickle, Master I' II I I il 11651 Development Plan #00 1-98 of Zeigler Property was approved as presented by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Abstained Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye MASTER DEVELOPMENT PLAN #002-98 OF CENTRAL COCA-COLA BOTTLING FACILITY - APPROVED Assistant Planning Director Evan Wyatt presented this request to the Board. Upon motion made by Margaret B. Douglas, seconded by W. Harrington Smith, Jr., Master Development Plan #002-98 of Central Coco-Cola Bottling Facility was approved as presented by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye REOUEST FOR EXEMPTION FROM THE SUBDMSION ORDINANCE REOUIREMENT - APPROVED UNDER CONSENT AGENDA This request has been received from Attorney Ben Butler on behalf of Glynnell Little Headley to gain an exemption to the 50 foot right-of-way width requirement of the Subdivision Ordinance (144-17K.1). The Board of Supervisors may allow for exemptions to the Subdivision Ordinance in cases of unusual situations or when strict adherence to the general regulations would result in substantial injustice or hardship (144-5). COMMITTEE REPORTS: EMERGENCY COMMUNICATIONS COMMISSION - APPROVED The Frederick County Emergency Communications Commission met Monday, April 13, 1998, at 4:35 p.m. Commission members present: Chair Robert Sager, Sheriff Robert Williamson, and Perry Silva. Also present this date were Public Safety Communications Director John Webb and Frederick County Fire Marshal Denny Linaburg. The following items were discussed and submitted to the board for information only: 1. Communications Director's Uodate A. ECC Construction Uodate Status of construction is nearly complete with drywall. The center is about 50% complete with an estimate of finishing and leaving the site mid May. Additional work was required by the phone company but this did not cost the county further costs. August 1 st is still a projected start up date for the center. 652 Director John Webb appeared before the Board to discuss the construction update. B. Richmond FreQuencv ReQuest Frederick County is a member of the Region 42 of the Federal Communications Commission. In October, 1991, Region 42 split up all of the 821 and 860 frequencies. Frederick County received three channels: 625, 785, and 684. These are available for use. These may be used or sold by Frederick County. Frederick County is going to give the fire departments the authorization to operate on our channels making it their responsibility if there is any interference, if we ever go to the channels in Frederick County, that they have to resolve the problem not Frederick County. C. Winchester Rescue SQuad FreQuencies Winchester Rescue Squad was questioned in regard to the old dispatch frequencies they had and whether the licenses had been renewed. These frequencies are 155.265 and 155.295. They have been renewed and are right where the county needs them to be at. Company 21 has granted Frederick County the use of these frequencies. Chief Scott Miller has confirmed approval and use of these assigned frequencies for immediate use by the Frederick County Fire and Rescue Department for emergency operations. It is assumed that association is what is meant. 2. Old Business A. Citizen Reoresentative There was a brief discussion regarding Mr. Eells. He will serve as the citizen on the Communications Commission. John Webb has made contact with Mr. Eells. Mr. Eells works at Mt. Weather and will only be able to attend meetings which are scheduled for 5:00 p.m. The Commission agreed this would not be a problem. John will be meeting with Mr. Eells to give him a copy of the By-Laws and the Mission Statement. At the same time, John Webb will take Mr. Eells over to visit the site for the Communications Center and bring him up to date on any issues. 3. Executive Session The Commission went into Executive Session to discuss personnel matters. 4. Medin!! Date The next meeting of the Communications Commission will be Monday, May 11, 1998, at 5:00 p.m. PUBLIC WORKS COMMITTEE The Public Works Committee met on Tuesday, April 28,1998, at 7:30 a.m. Present were board members Charles W. Orndoff, Sr. and W. Harrington Smith, Jr., committee members George Ludwig, Jun Vickers and Jun Wtlson; County Administrator John R. Riley, Jr., Recycling Coordinator Gloria Puffinburger, Engineering Technician Joe Wilder and Director of Public Works, Harvey E. Strawsnyder, Jr., P.E. The following items were discussed and required the boards action: 1. Location for New Sheriff's Office - Aooroved During the March 1998 public works committee meeting the issue of relocating the sheriffs office to the existing bus garage was tabled for 30 days until other sites could be researched. Since that time, Bob Williamson, Frederick County sheriff, and Ed Strawsnyder, director of Public Works, have reviewed several potential sites in the vicinity of Interstate 81, Route 37, and Route 11 intersections (Kemstown area). Locating the office in this general area would provide outstanding road access and be in the vicinity ofthe highest population density in Frederick County. In addition, I! I I il I 653 sites in this vicinity will be served by water and sewer from the sanitation authority. After discussing this issue at length, a motion was made by Jim Wilson and seconded by George Ludwig to prepare a Request for Proposals (RFP) soliciting a buildllease arrangement from the private sector for the development of office space for the sheriffs department. The motion was unanimously approved by the committee. The concept ofbuildllease will include a future buy back clause. The public works director will prepare an RFP outlining the requirements of the sheriffs department if the board approves the concept. The Public Works Committee will have an opportunity to review the RFP prior to advertisement. Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 2. Real Estate ACQuisition - Approved An executive session was convened to discuss several issues related to real estate acquisition. After reconvening from the executive session, the committee unanimously certified that they had only discussed issues related to real estate acquisition. A motion was then made by Jim Wilson and seconded by W. Harrington Smith, Jr., to approve the acquisition of approximately 1.4 acres ofland for $4,500 for the construction of the relocated Round Hill compactor site. The land is currently held in the estate of Paul Rhinehart and located off of Route 809 and Magic Mountain Road. The motion was unanimously approved based on the fact that the funds are available in the current budget. Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 3. Newsoaoer Recvclin!! -Approved The director of public works presented an offer from the Southeast Recycling Corporation to provide newspaper recycling containers in Frederick County. They have submitted a contract (Attachment number 1) which will include containers and collection services as well as a plan to reimburse Frederick County at a rate of$14.00 perton. Our current recycling program pays Browning-Ferris Industries (BPI) to collect and haul newspapers to the John Mansville Company near Woodstock. Costs associated with this program are averaging $1,713 per month. We are not receiving any revenue from John Mansville for the newspapers. Based on our current average weights, we anticipate generating $1,120 per month from the tipping fees under the Southeast contract. Coupled with the collection and transportation savings, Frederick County could realize a net savings of approximately $2,800 per month. 654 A motion was made by W. Harrington Smith, Jr. and seconded by Jim Vickers to approve the contract proposal from Southeast Recycling Corporation. The motion was unanimously approved. The current newspaper recycling containers provided by BFI will be converted to plastic recycling containers. Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye The following items were discussed and submitted for the boards information only: 1. Disnosition of Lakeside Pronertv The director of public works requested direction from the committee regarding the future disposition of the Lakeside property. We are currently required to maintain the grounds. The presence of a lake and dam continue to represent a potential liability to Frederick County. W. Harrington Smith, Jr., indicated that we should continue to maintain the property until such time that a decision is reached on the new library project. The Public Works Director will contact Parks and Recreation to determine if there is any interest in utilizing the land as a future park. 2. Undate on Clearinl! the Bass Hoover Pronertv The clearing of the Bass Hoover property (approximately nine acres) has been postponed to November after the foliage drops. A contract will be awarded to DeHaven Excavating and include clearing, grubbing and seeding. The trees and brush will be stockpiled and burned by Frederick County during the winter months. Adequate funding is available in the current fiscal year budget. 3. Evaluation of Insnection Fees John Trenary, building official, presented a list of proposed inspection fee increases for the committees review. The building official intends to discuss these increases with representatives of the Top of Virginia. This approach was followed in 1991 when the last increases were implemented. The results ofthese discussions will be returned to the committee at a later date for their review prior to submittal to the board. It should be noted that many of the items slated for change have not been increased for 15 years. 4. Financial Assurance - ConstructionlDemolition Debris Landfill (CDD) The Department of Environmental Quality (DEQ) has implemented a new unfunded mandate in the form of financial assurance for CDD landfills. We are currently providing financial assurance via a trust for our new Municipal Solid Waste landfill. The new mandate will require additional set aside funding for closure and post-closure of the CDD landfill. The attached letter from DEQ specifies the date for implementing this new unfunded mandate (See Attachment 2). 5. Miscellaneous Renorts a. Tonnage Report (see Attachment 3); b. Recycling Report (see Attachment 4); Ii 655 c. Animal Shelter Cat Report (see Attachment 5); and d. Animal Shelter Dog Report (see Attachment 6). BOARD OF SUPERVISORS COMMENTS There were no additional comments at this time. GARY A. DUBRUELER HIRED AS COUNTY DIRECTOR OF FIRE AND RESCUE Upon motion made by Richard C. Shickle, seconded by Robert M. Sager, Gary A. DuBrueler, resident of the City of Winchester, was hired as Director of Fire and Rescue at an annual salary of $47,500. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye BOARD 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 (1) (3) and (7) to Discuss Personnel, Acquisition and Disposition of Real Estate and Legal Matters. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the Board withdrew from executive session. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 656 BOARD RECONVENED INTO REGULAR SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the Board reconvened into regular session and certified nothing other than what was noted as reason for going into executive session was discussed. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shiclde - Aye Charles W. Orndoff, Sr. - Aye * TIMOTHY L. WELSH APPOINTED AS COUNTY ASSISTANT FIRE MARSHAL Upon motion made by Richard C. Shiclde, seconded by W. Harrington Smith, Jr, in accordance with the Code of Virginia, 1950 as amended, Section 27-30 through 27-37, Timothy L. Welsh was appointed Assistant Fire Marshal at an annual salary of $30,500. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shiclde - Aye Charles W. Orndoff, Sr. - Aye UPON MOTION MADE BY W. HARRINGTON SMIm, JR., SECONDED BY CHARLES W. ORNDOFF, SR, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, TillS MEETING IS HEREBY ADJOURNED. .flI:7 /. ") , I ,/ f 'C. ~ / James L. LOngerbeam~" . Chairman, Board of Supervisors ~- ohn .Iey, Jr. . C erl(Board of Supervisors ? ,/ , Minutes Prepared By: /'~J~.o.l~I,"l';,~", fU:l .J/ Carol T. Bayliss i Deputy Clerk, Board of Supervisors * At the Board Meeting of May 27, 1998, upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., approved 5-0 (Charles Orndoff absent), the above section was amended to include the Code of Virginia section as it was originally left out.