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June 09, 1998 Regular Meeting 670 A Regular Meeting of the Frederick County Board of Supervisors was held on Tuesday, June 9, 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. INVOCATION The invocation was delivered by Supervisor Sager in absence of a minister. ADOPTION OF AGENDA County Administrator John R. Riley requested the following amendments to the agenda: 1. Tabs D and E be pulled as they are being referred to the county Finance Committee. 2. The first item under County Officials be pulled due to a conflict in schedules. 3. Funding request from the airport to be heard as first item under County Officials. Upon motion made by Supervisor Sager, seconded by Supervisor Orndoff, 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 The County Administrator suggested the following tabs for approval under the Consent Agenda: 1. Request from Public Works Director to Schedule Public Hearing date for Curbside Refuse Pickup - Tab B; 2. Emergency Communications Commission Report - Tab N. Supervisor Sager requested that Tab N not be included under the Consent Agenda. The County Administrator advised that Tab M should have been included under Consent Agenda. 3. Information on the Status of the Shenandoah Valley Battlefields National Historic District Commission - Tab M. Ii ~ I i i I i I 671 I I Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the Consent Agenda was approved as spelled out above 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 CITIZEN COMMENTS George Sempeles, resident Stonewall District, advised the Board of his concerns about the application of human sludge being brought into the county from Bluefield, Va. He further advised that this sludge is being applied to acreage adjacent to building lots and homes in the area of Apple Pie Ridge. He asked the Board to examine the county's policy on sludge application and amend the policy in order to protect county residents as well as property owners. The following citizens appeared before the Board in favor of constructing a branch for the Handley Library: Marjorie Lewis, Chairman of the Handley Regional Library Board; Richard Stevenson, member Handley Regional Library Board; Dave Angevine, county citizen. Donald W. Luttrell, Opequon District, is in favor of construction, but not at the current proposed site. Feels this site will be too costly due to what the county will have to pay to have the road constructed. Kenny Stiles, Stonewall District, has long supported putting library branch in Stephens City area; however, he is opposed to how the Board plans to pay for this construction. He feels the monies should be set aside within the budget and not borrowed. He referred to Article 7, Section 10 of the Code of Virginia and the fact that there is nothing in the Constitution that allows for IDA Bonds to be used for this type of construction. This needs to be done through a referendum. He feels this is the back door method of financing. He also feels this branch of the library needs to be more centrally located. Richard Crane, Stonewall District, feels that a public referendum is what is necessary and also very important. Dr. Ray Fish, Gainesboro District, was serving on Board of Supervisors when the regional library board was created and he feels this needs to go to referendum in order that it be done in the I . . j 612 right way. MINUTES Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the minutes of the special meeting of May 20, 1998 were approved as submitted by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the minutes of the regular meeting of May 27, 1998 were approved as submitted by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye REOUEST FROM WINCHESTER REGIONAL AIRPORT AUTHORITY FOR TRANSFER OF FUNDS - REFERRED TO JOINT FINANCE COMMITTEE Airport Director Doug Strand appeared before the Board concerning a request to transfer funds to cover unexpected expenses, in the Professional Services Line Item, in the amount of $9,800. Following further explanation by Finance Director Cheryl Shiftler and discussion with Board members, it was determined this could wait and be forwarded to the next Joint Finance Committee meeting. PRESENTATION BY JUDGE ROBERT K. WOLTZ AND MARY JANE LIGHT ON THE WINCHESTER-FREDERICK COUNTY HISTORICAL SOCIETY - WITHDRAWN AT THIS TIME DUE TO SCHEDULING CONFLICT REOUEST FROM PUBLIC WORKS DIRECTOR TO SCHEDULE PUBLIC HEARING DATE FOR CURBSIDE REFUSE PICKUP - APPROVED UNDER CONSENT AGENDA RESOLUTION (#038-98) - CONVEYANCE OF SHAWNEE-LAND SANITARY DISTRICT LOTS - APPROVED RESOLUTION SHAWNEE-LAND SANITARY DISTRICT LOTS Upon motion duly made by , and on the votes hereafter recorded, seconded by BE IT HEREBY RESOLVED, that the Shawnee-Land Sanitary District of Frederick County, by its manager, or designated agent, is authorized to receive lots and other parcels of real estate for and in consideration of a sum equal to the total amount of Sanitary District fees due on said lot or parcel, on the specific condition that all Frederick County real estate taxes due and owing on such property are paid in full as of the date of such conveyance. BE IT FURTHER RESOLVED, that said Manager, or Designated Agent is hereby authorized and directed to execute any deed or deeds accepting such conveyance on behalf of the Shawnee-Land Sanitary District and give receipt therefore in accordance with this resolution. ADOPTED, this 9th day ofJune, 1998. Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the above resolution was approved, noting that this was for sanitary district fees ONLY, it does not include any taxes. 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 FIRE AND RESCUE DEPARTMENT REOUEST FOR SUPPLEMENTAL APPROPRIATION FOR MATCHING FUNDS FOR RESCUE SOUAD ASSISTANCE FUND GRANT - PULLED - REFERRED TO FINANCE COMMITTEE FIRE AND RESCUE DEPARTMENT REOUEST FOR A GENERAL FUND SUPPLEMENTAL APPROPRIATION FOR A DRY HYDRANT GRANT REIMBURSEMENT - PULLED - REFERRED TO FINANCE COMMITTEE DIVISION OF COURT SERVICES DEPARTMENT REOUEST FOR SUPPLEMENTAL APPROPRIATION FOR TESTING SUPPLIES - APPROVED The County Administrator presented this request to the Board explaining that the Director of Court Services is requesting a Court Services Supplemental Appropriation in the amount of $1,790. These funds were collected for underbudgeted urine screen testing and need to be appropriated to purchase additional testing supplies. Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the request of Court Services 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 BOND FINANCING FOR THE HANDLEY REGIONAL LmRARY BRANCH - APPROVED 1673 I I J! 674 The County Administrator presented this information to the Board advising them of the two financing options, as listed, that are available to them in order to fund the library project. 1. General Obligation Bond funding is subject to voter referendum and must meet a certain time line in order for the question to be placed on the ballot. 2. Lease Revenue Bonds are not subject to any definitive time frame, but are subject to an annual appropriation resolution by the Board each budget year. 3. The third option would be a cash payment, which he has not included, as he does not feel fund balance could absorb the entire payment for the library at this particular time. Supervisor Smith asked Commonwealth Attorney Ambrogi, based on what Mf. Stiles said earlier in the meeting, if the Board would be in violation of the Constitution of the Commonwealth of Virginia if the Board decided not to take this request for funding to referendum. Commonwealth Attorney Ambrogi advised Supervisor Smith that he was speaking about a very complicated matter, and that he was not in a position at this time to make such a reply. Supervisor Smith asked once again if the Board would be in violation. Commonwealth Attorney Ambrogi explained that there has been a similar case out of Fairfax County with the Supreme Court making two separate rulings. He further explained that it was a long case and a complicated case and he has not had the chance to study it. The case in Fairfax did not involve a building, it was a highway. Supervisor Sager asked if this went as an IDA Bond, what would the total amount be. The County Administrator replied that the two issues provided to the Board would be roughly about $4 million dollars, with the payment over a specified time being spelled out based on net debt service. Supervisor Sager asked if the last payment would be in 2019. The County Administrator replied yes, with the annual debt service being $320,582 versus $323,340. He further advised that the highest one would be the triple A insured lease revenue bond. Supervisor Sager asked if this went to public referendum would it have time, if a decision was made in June, to go to referendum in the November election, and secondly, if it were approved by referendum, how soon would the construction of the library be able to proceed. The County Administrator replied almost immediately, if the referendum passes. The reason this was presented to the Board in May was to give them ample time to make their decision. The Board would need to take action on this matter no later than the August Board meeting, at the latest, II I in order for it to be placed on the November ballot. Supervisor Sager explained that his concern at this time is the question that has been raised about the Board's legal right to proceed with this project without it first going to referendum, he wants to be sure the Board is within their legal realm to use IDA bonds in order to finance this project. The County Administrator advised that he could get a bond counsel opinion, if it is the desire of the Board. Supervisor Sager asked for the dollar figure that has been set aside for this project. The County Administrator replied approximately $390,000 for the procurement for services of an architect; however, this has not been done due to the uncertainty ofthe site etc. Supervisor Sager asked if the county actually had a site or is it just a commitment for a site. Chairman Longerbeam replied that is basically what it is. There is an actual location, but the deed has not been transferred, and obviously this will not be done until someone wants to build a library. Supervisor Douglas stated that she wondered how many citizens actually realized how valuable the library is to so many, and how much it offers to the citizens of the community. She explained about some of the various programs that are offered through the library and how she and her family have benefitted from these programs. She feels the site location in the southern end of the county, that has been selected for the library, is where the largest population of the county is; therefore, the best location for the library. There are a number of young people in this area with a great deal of time on their hands and if they become regular users of the library, this will be much better than having them become juvenile detention users. Feels the library should be started as soon as possible. Chairman Longerbeam explained that the library was presented with three possible locations of Bass Hoover, Lakeside, and the location that was decided upon. The library board advised the Board that their number one choice was the site that has been selected with the number two site being Lakeside and number three Bass Hoover. Supervisor Shickle stated that two options have been presented for financing a library with both options being pro library, neither one is negative or anti library. 675 I: 676 Supervisor Smith stated that this is one facility that serves everyone from K to 100 years of age and he doesn't know of another facility in the county that covers this age group. This has been battered back and forth and there is no truth in the statement that this is being done for the benefit of a developer as he would be no part of that whatsoever, and neither would any of his colleagues serving on the Board. It has been battered around enough. The Board is charged with making difficult decisions, that is why the Board was elected, and it is time to get on with it. Supervisor Sager advised that in 1997 in Opequon District, according to the Lord Fairfax Planning District statistics, the Opequon District had 1170 new developments which equates to a lot of new residents in that district. He has received 122 phone calls concerning this issue and of these calls only two were opposed to the library. Had the resolution been presented a year ago he would have voted in favor of it; however at this time he feels it is time to support the IDA funding. Supervisor Sager moved to approve funding of the lease revenue bonds for the construction of the Handley Library branch office on Warrior Drive in Opequon District. Supervisor Smith seconded the motion. 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 PUBLIC HEARING - CONSIDER A REOUEST THAT THE SHAWNEE-LAND SANITARY DISTRICT. VIRGINIA. GRANT OF RIGHT-OF-WAY TO W. EUGENE LARRICK AND GENEVIEVE B. LARRICK. FOR A PERPETUAL TWENTY FOOT RIGHT-OF-WAY EASEMENT ACROSS PROPERTY KNOWN AND OWNED BY THE SHAWNEE-LAND SANITARY DISTRICT - APPROVED The County Administrator presented this request to the Board. There was no public input. Upon motion made by Supervisor Douglas, seconded by Supervisor Orndoff, the above request ofW. Eugene Larrick and Genevieve B. Larrick 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 II Charles W. Orndoff, Sr. - Aye PLANNING COMMISSION BUSINESS: REOUEST FOR WORKSESSION FROM COMPREHENSIVE PLANS AND PROGRAMS SUBCOMMITTEE WITH THE BOARD AND PLANNING COMMISSION - APPROVED FOR JULY 8. 1998 BOARD MEETING AT 6:00 P.M. SUBDIVISION REOUEST #009-98 OF SCULLY. LTD. - APPROVED Zoning Administrator Eric Lawrence presented this request to the Board. Supervisors Sager and Shickle abstained from any discussion or vote on this request. This request is for the subdivision of a 6.4094 acre tract into two lots. Jerry Copp, with VDOT, advised that his department had no objection to the subdivision of this property. Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, subdivision request #009-98 of Scully, Ltd. 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 - Abstained Richard C. Shickle - Abstained Charles W. Orndoff, Sr. - Aye REOUEST BY DAVID HICKS FOR EXCEPTION TO mE SUBDIVISION ORDINANCE-APPROVED The Zoning Administrator presented this request from David Hicks, of Hicks Construction, for an exception from the Subdivision Ordinance's minimum lot size requirement. This request is in regard to Chapter 144, Section 31.C of the County code that requires a minimum lot size of five acres. Chapter 144, Section 5, enables the Board of Supervisors to allow for exception to the Subdivision Ordinance requirements. Upon motion made by Supervisor Shickle, seconded by Supervisor Orndoff, the request of David Hicks for exception to 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 WINCHESTER AREA TRANSPORTATION STUDY (WATS) PLAN ADOPTION- (RESOLUTION #041-98) - APPROVED AS AMENDED 11677 I I II 678 Planner IT Mike Ruddy presented this plan to the Board. Following Board input together with their concerns, the plan was amended. Supervisor Smith moved to approve the plan as amended, and Supervisor Sager seconded the motion. The following amended plan 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 - Nay Charles W. Orndoff, Sr. - Aye WINCHESTER AREA TRANSPORTATION STUDY Year 2020 Long-range Roadway Improvements Plan WHEREAS, the Winchester Area Transportation Study was developed through a joint effort of Frederick County, the City of Winchester, the Town of Stephens City, and the Virginia Department of Transportation; and, WHEREAS, the Winchester Area Transportation Study describes the long-range transportation recommendations for the Winchester area that will accommodate projected travel demands to the year 2020; and, WHEREAS, the Wmchester Area Transportation Study covers roadway, transit, bicycle, and pedestrian improvements, and addresses the interaction of the roadway system with truck, rail, and air travel; and, WHEREAS, the joint Frederick County, City of Winchester, Town of Stephens City, and Virginia Department of Transportation Steering Committee recommended approval of the Winchester Area Transportation Study to the Board of Supervisors, City Council, and Town Council on March 26, 1998; and, WHEREAS, the Frederick County Transportation Committee and staff reviewed the final draft of the Winchester Area Transportation Study on June 2, 1998; and, WHEREAS, the Frederick County Planning Commission recommended unanimous approval of this plan at their regular meeting on June 3, 1998 with two caveats pertaining to the proposed closing and relocation of Route 647 at Route 277, and Route 522 at Routes 50/17. Specifically, that additional studies of these intersections are to be conducted and endorsed prior to the approval of any improvement plans impacting these intersections.; and, WHEREAS, the Frederick County Board of Supervisors considered the Winchester Area Transportation Study during their regular meeting on June 9, 1998. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: The Frederick County Board of Supervisors hereby approves the Winchester Area Transportation Study with the caveat that additional studies of the intersections of Route 647 at Route 277, and Route 522 at Routes 50/17 are to be conducted and endorsed prior to the approval of any improvement plans impacting these intersections. It is also requested that further study be given to the proposed Shady Elm interchange with Route 37 and how said interchange can be connected to Middle Road. ROUTE 621 JONES ROAD. ROAD IMPROVEMENT PROJECT RECEIVED AS INFORMATION I' Ii 11679 II [I I Jerry Copp, Resident Engineer with VDOT, appeared before the Board to explain the departments plan for this proposed project. OLD TOWN DEVELOPMENT BOARD PRESENTS FREDERICK COUNTY BOARD OF SUPERVISORS A PLAOUE FOR "TAKING PRIDE IN OLD TOWN WINCHESTER" The County Administrator advised the Board that Board member Margaret Douglas was recently presented a plaque, on behalf of the Board of Supervisors, from the Old Town Development Board thanking the Board for "taking Pride in Old Town Winchester". INFORMATION ON THE STATUS OF THE SHENANDOAH VALLEY BATTLEFIELDS NATIONAL mSTORlC DISTRICT COMMISSION - APPROVED UNDER CONSENT AGENDA COMMITTEE REPORTS: EMERGENCY COMMUNICATIONS COMMISSION REPORT - RECEIVED AS INFORMATION The Frederick County Emergency Communications Commission met Monday May 11, 1998, at 5:03 p.m. Commission members present were: Chairman Robert Sager, Sheriff Robert Williamson, and Steve Eells. Also present this date were Public Safety Communications Director John Webb and Frederick County Fire Marshal Denny Linaburg. The following items were discussed and submitted to the board for information only: 1. Communications Director's Update A. ECC Construction Update The Center is about 70-75% complete with an estimate of three weeks to full completion. The turnover date for the facility to be completed without penalty is June 11 tho Projected start up date is August 1 st. B. Communication Recordinl! Svstem RFP There are two potential vendors: 1. Dictaphone Corporation 2. Audio Systems Incorporated A mandatory pre-proposal conference is scheduled for the vendors on Thursday, May 14, at 10:00 a.m. Mr. Webb stated that he wanted a new recording system in the new facility because the one currently being used is old and worn. It would be better to replace the whole system rather than try and repair the old. C. Security System RFP There are five potential vendors: 1. DA Mid-Atlantic II 680 2. Shentel 3. Glessner Alarm 4. Omni Alarm 5. Broadway Electric A mandatory pre-proposal meeting is scheduled for Thursday, May 14, at 2:00 p.m. D. Administrative Assistant A new Administrative Assistant has been hired. Her start date will be May 26, 1998. 2. New Business: 1. Introduction of New Citizen Commission Member Mr. Steven Eells of Stephens City is employed by the Federal Emergency Management Agency (FEMA) as a project officer. There was general discussion about pricing a transmitter for Fire & Rescue Services. This price would be for a new synthesized base station with a high gain antenna on North Mountain. The preliminary price is about $8,000. 3. Meetinl! Date The next meeting of the Communications Commission will be Monday, June 15, 1998, at 5:00 p.m. PUBLIC WORKS COMMITTEE REPORT The Public Works Committee met on Tuesday, May 26, 1998, at 7:30 a.m. Present were board members Charles W. Orndoff, Sr. and W. Harrington Smith, Jr., committee member Jim Vickers; County Administrator John R. Riley, Jr., Landfill Manager Steve Frye, Engineering Technician Joe Wilder, and Director of Public Works Harvey E. Strawsnyder, Jr., P.E. The following items were discussed and submitted to the board for action: 1. New Road Sil!ns - Approved Joe Wilder presented an alternative road sign design as a future replacement for vandalized or damaged signs. A discussion of this replacement sign unit is included in the attached memorandum dated May 22, 1998 (see Attachment 1). A motion was made by W. Harrington Smith, Jr. and seconded by Jim Vickers to utilize the sign unit on a trial basis at locations that have experienced repeated vandalism. The results of the trial will be reported to the committee at a later date to determine if across-the-board usage would be warranted. The motion was unanimously approved. Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye !I I, 11681 I 2. New Dumoster Enclosure/Stora2e Buildin2 - Aooroved The Director of Public Works presented a proposal to construct a dumpster enclosure/storage building in the parking lot adjacent to the county office building. The dumpster enclosure is necessary to fulfill the site plan requirements approved by the City of Winchester for the new office building. The storage building is needed to house lawnmowers, a snow blower, flammable materials, etc. The combination will occupy a footprint of 12 foot by 24 foot and will be constructed using split-faced block. Preliminary cost data indicate that the cost will be in the range of $13,000 to $15,000. Mr. Riley indicated that there are sufficient funds in the current budget to complete this project. Therefore, a motion was made by Jim Vickers and seconded by W. Harrington Smith, Jr. to proceed with the project provided the costs are within the above range. The motion was unanimously approved. Bids will be opened on or about June 2, 1998. It is anticipated that the dumpster enclosure will be completed on or before June 30, 1998. The County Administrator advised that the bids had been received for this project and the low bid was $12,475. Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith, the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye The County Administrator further advised that one bid was received in the amount of $60,300.35 for the completion ofthe county parking lot located off of Cameron Street. He further advised that $4,967.00 was needed for the landscaping as required by the City of Winchester and $2,730.00 for the electric service. Following Board discussion, Supervisor Shickle recommended that this part of the request be referred back to the Public Works Committee for their review and recommendation back to the Board. The following items were discussed and submitted to the board for information only: 1. Draina2e Imorovement Proiect A potential drainage improvement project between Hackberry Drive and Aspen Drive in the Village at Lakeside was presented to the committee for their review and comment. The project will entail regrading existing drainage channels (200 feet) and stabilizing the regraded areas to prevent future erosion. It is estimated that the project would cost in the range of $5,000 to $10,000 depending on the amount of stabilization that would be required. In addition to the actual field construction, it will be necessary to revise nine plats to reflect II the actual drainage easements constructed by the developer. It will also be necessary to remove existing fences to facilitate the regrading efforts. The removal of the fencing will be the responsibility of the homeowners. The revised plats will be amended to require the homeowners to maintain the new drainage channels. The Director of Public Works was directed to contact the developer to determine ifhe would share in the costs of the drainage improvements. He was also tasked with the responsibility of contacting the affected homeowners to ascertain their willingness to relocate their fences. This information will be resubmitted to the committee for their action. 3. Personnel Reauest for the Landfill ---.-.. The landfill manager presented a request for four (4) new positions: two landfill technician Ills, one spotter and one scale operator/environmental assistant. These positions are necessary to man the new ConstructionlDemolition Debris landfill as well as lighten the burden on the environmental manager. A motion was made by W. Harrington Smith, Jr. and seconded by Jim Vickers to approve the request. The motion was unanimously approved. The request with the committees endorsement will be forwarded to the landfill oversight committee for their action. If approved by the oversight committee, the request will be submitted to the personnel committee for their action. 4. Miscellaneous Reoorts a. Tonnage Report (see Attachment 2); b. Recycling Report (see Attachment 3); c. Animal Shelter Cat Report (see Attachment 4); and d. Animal Shelter Dog Report (see Attachment 5). -- LAW ENFORCEMENT AND COURTS COMMITTEE REPORT The Law Enforcement & Courts Committee met on Monday, June 1, 1998, 4:30 PM in the First Floor Conference Room of the County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were Chairman of the Committee Robert M. Sager, committee members Margaret B. Douglas, Larry P. Coverstone, Vickie Wilkins, and James L. Hockman. Also present were Sheriff Robert T. Williamson, County Attorney Lawrence R. Ambrogi, Commissioner of the Revenue Ellen E. Murphy, County Administrator John R. Riley, and Assistant County Administrator Lauren G. Carrier. Committee member Donald S. Jackson was absent. The committee submits the following: 1. Discussion of Personal Prooertv Tax Exemotion for Reserve Deouties - Referred to ReDresentatives in General Assemblv for Their Review The committee reviewed the request from the Sheriff for modifications to the Code of Frederick County, 155.26 ~ A to include the Sheriffs Office Reserve Deputies. The committee recommended to the Board of Supervisors that this be advertised for public hearing subject to research and recommendation by the County Attorney (see attached). Commonwealth's Attorney Ambrogi explained that he felt this was a noble thing to do; however, the law states that it cannot be done. Following further discussion, it was the consensus of the Board that this be forwarded to the county's representatives in the General Assembly for their review and recommendation. II '1683 [I II I Supervisor Sager moved for the recommendation and Supervisor Smith seconded the motion. 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 2. Discussion of Handicao Parkin!! ReQuirements Mr. Riley reported to the committee that Access Independence would like the authority to assist the Sheriffs Department in enforcing handicap parking on private property and to have signs placed clearly identifying such parking spaces. Sheriff Williamson advised that he is not in favor of the members of Access Independence having enforcement power. He also stated that there is currently no ordinance within the Frederick County Code allowing the Sheriffs Department to issue a summons or citation to a vehicle, and that he would like to see this changed. The committee voted that Sheriff Williamson and Mr. Riley draft an ordinance allowing the Sheriff's Department to issue a summons or citation to a vehicle for review at their next meeting. 3. Discussion of Possible Revisions to the Animal Control Laws The committee heard Mr. Riley report that there are parts of the State of Virginia Code which are missing from the Frederick County Code, noticed when the county re-codified the animal control section. Mr. Riley advised that once the Frederick County Code is updated, he will report back to the committee. PERSONNEL COMMITTEE REPORT The Personnel Committee met on Wednesday, June 3, 1998, with the following members present: Margaret Douglas, Chairman, W. Harrington Smith, Jr., Robin Damico, Susie Pontiff, Lauren Carrier and Ann Kelican. Michael Foster was absent. The Committee submits the following report and recommendations for your consideration: 1. ReQuest from the Plannine and Development Director to Fill Vacant Planner Position - Aooroved Planning Director Kris Tierney appeared before the committee and requested approval to fill a vacant planner position. This is a budgeted position recently vacated by a resignation and therefore will not require additional county funding. The committee recommends approval of this request (see Attachment A). Upon motion made by Supervisor Douglas, seconded by Supervisor Smith the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 2. ReQuest from C-F-W Re!!ional Jail for Personnel Actions (see Attachment B) - Aooroved I ii 684 Upon motion made by Supervisor Douglas, seconded by Supervisor Smith, the following requests A-D were 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 A. Request to UOl!:rade the oosition of Secretary I to Administrative Assistant The regional jail is requesting approval to upgrade the current Secretary I position to Administrative Assistant. The jail does not anticipate the need for additional county funding inasmuch as funds available in the FY99 budget due to vacancies and turnover will be used to fund this upgrade. The Regional Jail Board has approved this request and the committee recommends approval of same. B. Request to UOl!:rade Account Clerk ill to Accountant I and Establish a New Account Clerk ill Position The regional jail is requesting approval to upgrade the current Account Clerk III to Accountant I and to add a new Account Clerk III position. Funds for these personnel actions are included in the FY99 budget. The Regional Jail Board has approved this request and the committee recommends approval also. C. Request to Fill Vacant LPN or CHA I Position The regional jail is requesting approval to fill a vacant LPN or CHA I position created by a resignation. This is a budgeted position and does not require additional county funding. The Jail Board and the Personnel Committee recommend approval of this request. D. Request to Establish and Fill a New LPN or CHA I Position The jail is requesting approval to add a LPN or CHA I position in order to provide 24 hour medical coverage. The Regional Jail Board recommends approval of this position and a supplemental appropriation in the amount of $28,072 ($21,594 Salary and $6,478 Fringes) to fund said position. The Personnel Committee concurs with said recommendation. BOARD OF SUPERVISORS COMMENTS No additional comments at this time. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the Board retired into Executive Session in accordance with the Code o/Virginia, 1950, as Amended, Section 2.1-344, Subsection A, (1), (3), (5) and (7), to Discuss Personnel, Acquisition and Disposition of Real Estate, Economic Development Industrial Prospect, and Legal Issues. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye 1\ I I, Ii 685 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 Supervisor Smith, seconded by Supervisor 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. Shickle - Aye Charles W. Orndoff, Sr. - Aye BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the Board reconvened into Regular Session and certified nothing other than what was noted as reason for going into Executive Session was discussed. 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 DEPARTMENT HEAD EVALUATIONS APPROVED. ALONG WITH ECONOMIC DEVELOPMENT DIRECTOR AND SUPERINTENDENT OF REGIONAL JAIL: ASSISTANT COUNTY ADMINISTRATOR LAUREN CARRIER IS GIVEN PERMANENT STATUS WITH AN ANNUAL SALARY OF $54.000: COUNTY ADMINISTRATOR JOHN R. RILEY. JR. 'S EV ALUA TION IS CERTU1ED Upon motion made by Supervisor Douglas, seconded by Supervisor Orndoff the above personnel issues were 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 (#040-98) - $34.000 TO BE DESIGNATED TO THE FREDERICK COUNTY INDUSTRIAL DEVELOPMENT AUmORITY FROM THE FREDERICK COUNTY ECONOMIC DEVELOPMENT INCENTIVE FUND TO ASSIST IN SITE DEVELOPMENT FOR ZEIGLER MANUFACTURING COMPANY - SAID FUNDS 686 ARE SUBJECT TO AN EXECUTED MEMORANDUM OF UNDERSTANDING OUTLINING A PERFORMANCE CRITERIA OF THE COMPANY - APPROVED BE IT HEREBY RESOLVED, that $34,000 be designated to the Frederick County Industrial Development Authority from the Frederick County Economic Development Incentive Fund to assist in site development for Zeigler Manufacturing Company. BE IT FURmER RESOLVED, that said funds are subject to an executed Memorandum of Understanding outlining a performance criteria of the county. Upon motion made by Supervisor Smith, seconded by Supervisor Sager the above request of Ziegler Manufacturing was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Abstained Robert M. Sager - Aye Richard C. ShicIde - Aye Charles W. Orndoff, Sr. - Aye RESOLUTION (#039-98) - $175.000 BE DESIGNATED TO THE FREDERICK COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY FROM THE FREDERICK COUNTY ECONOMIC DEVELOPMENT INCENTIVE FUND TO MATCH mE $175.000 FROM THE GOVERNOR'S OPPORTUNITY FUND TO CENTRAL COCO-COLA BOTTLING COMPANY - SAID FUNDS ARE SUBJECT TO AN EXECUTED MEMORANDUM OF UNDERSTANDING OUTLYING A PERFORMANCE AGREEMENT BY mE COMPANY - APPROVED BE IT HEREBY RESOLVED, that $175,000 be designated to the Frederick County Industrial Development Authority from the Frederick County Economic Development Incentive Fund to match the $175,000 from the Governor's Opportunity Fund to Central Coco-Cola Bottling Company, BE IT FURmER RESOLVED, that said funds are subject to an executed Memorandum of Understanding outlining a performance agreement by the company. Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, 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. ShicIde - Aye Charles W. Orndoff, Sf. - Aye UPON MOTION MADE BY SUPERVISOR SMIm, SECONDED BY SUPERVISOR SAGER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, mIS MEETING IS HEREBY ADJOURNED. 687 ~~ a s L. Longerbeam hairman, Board of Supervisors Minutes Prepared By: rtu",L T ~7' L, - .A ./ Carol T. Bayliss Deputy Clerk, Board of Supervisors 'i II