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HomeMy WebLinkAboutFebruary 12, 1997 Regular Meeting II Ii 1 71 A Regular Meeting of the Frederick County Board of Supervisors was held on February 12, 1997, 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 Reverend Carl E. Moore of the Winchester Church of God. ADOPTION OF AGENDA Mr. Riley requested the following amendments to the agenda: 1. Dr. James Davis of Shenandoah University has requested to address the Board. 2. Tab F - Supplemental Appropriation for Center for Community Living - Community Development Block Grant Project - To Be Pulled. 3. Consideration of Wood gate Rail Resolution. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the agenda was approved 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 Mr. Riley suggested the following tabs for approval under the consent agenda: 1. Resolution from Northwestern Community Services Re: Financing for Area Center for Health and Development - Tab B; 2. Resolution Authorizing Application to the Virginia Public School Authority for Spring 1997 VPSA Bonds - Tab D; 3. Request to Advertise Statement of the Treasurer's Accountability to the County - Tab E; 4. Shawnee-Land Sanitary District Revised Plan for Lot Donations - Tab H; 5. Transportation Committee Report - Tab L; 6. Public Works Committee Report - Tab M. 172 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 W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye CITIZEN COMMENTS No one appeared before the Board at this time. MINUTES OF REGULAR MEETING - JANUARY 22. 1997 - APPROVED AS AMENDED Mr. Riley explained that at the meeting of January 22, 1997 the subdivision request of Bass- Hoover School Property was discussed; however there was no motion made, even though the requ~st was voted on; therefore the Board would need to amend the minutes in order to make this correction. Mr. Sager moved to approve the Bass Hoover School Subdivision request presented on January 22, and Mr. Orndoff, Sr., 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 Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., the minutes of the regular meeting of January 22, 1997 were approved 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 MINUTES OF WORKSESSION WITH HANDLEY REGIONAL LIBRARY BOARD - JANUARY 27.1997 - APPROVED Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, the minutes of the worksession with Handley Regional Library Board were approved as presented by the following recorded vote: II II 11173 I 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 PEGGY MCKEE. SHENANDOAH VALLEY DISCOVERY MUSEUM. ADDRESSES BOARD Ms. McKee appeared before the Board at which time she outlined the program of the Shenandoah Valley Discovery Museum and expressed her thanks to the Board for their support. She further explained to the Board how pleased the members of the Museum Board were with how very well the Museum has been received by the community. DR. JAMES DAVIS. PRESIDENT SHENANDOAH UNIVERSITY. ADDRESSES BOARD RE: JOINT COOPERATION ON FUTURE TECHNOLOGY PROJECTS BETWEEN THE UNIVERSITY. FREDERICK COUNTY AND THE CITY OF WINCHESTER Dr. Davis explained that during the last few weeks he has been speaking with a number of people within the community about his enthusiasm for what he has been reading about, what the county and city are doing about technology in the community. He further explained that approximately 5 million dollars is in the process of being approved for expenditure. This will include the university's commitment in one way or another in the computer hardware, software and accessibility to the internet world. He encouraged the Board to move forward on all these plans. He offered assistance from the university on accessibility in particularly to the fiber backbone that would bring together this technology for all the community. He explained that the university is currently working with Bell Atlantic and Virginia Tech to bring what is known as a Tlline directly to the university which would connect them to the world of intercommunication. If this can be brought to the entire community this could be a big savings for all involved. Chairman Longerbeam asked Mr. Riley to set up a meeting with Dr. Davis, as soon as possible, in order that this might be discussed further. RESOLUTION (#017-97) REGARDING INDUSTRIAL ACCESS RAILROAD TRACK FUNDS - WOODGA TE PETROLEUM COMPANY - APPROVED UNDER CONSENT AGENDA WHEREAS. Woodgate Petroleum Company has expressed its intent and desire to the Frederick County Board of Supervisors to expand its business operations in Frederick County: and WHEREAS, Woodgate Petroleum Company and its operation will require additional rail access; and 174. WHEREAS, the officials of Wood gate Petroleum Company have reported to the County their intent to apply for Industrial Access Railroad Track Funds from the Commonwealth of Virginia's Department of Rail and Public Transportation in the amount of$141,600; and WHEREAS, Woodgate Petroleum Company has requested that the Frederick County Board of Supervisors provide a resolution supporting its application for said funds which are administered by the Virginia Department of Rail and Public Transportation. NOW, THEREFORE, LET IT BE RESOLVED, that the County of Frederick hereby makes known its desire and intent to assist the Commonwealth Transportation Board in providing the maximum assistance to Woodgate Petroleum Company for the purpose of expanding its business in Frederick County. RESOLUTION (#015-97) FROM NORTHWESTERN COMMUNITY SERVICES BOARD RE: FINANCING FOR AREA CENTER FOR HEALTH AND DEVELOPMENT - APPROVED UNDER CONSENT AGENDA RESOLUTION NORTHWESTERN COMMUNITY SERVICES BOARD WHEREAS, the Northwestern Community Services Board (NWCSB), a community Mental Health, Mental Retardation, and Substance Abuse Services Board, established by the six jurisdictions in Planning District 7, pursuant to Section 37.1-194 of the Code of Virginia; and, WHEREAS, NWCSB has the statutory authority to acquire title and apply for and accept loans per Section 37.1-197 with the authorization of the governing bodies of which it is an agency. NOW, THEREFORE, BE IT RESOLVED, that NWCSB be allowed to borrow 50% of required funds necessary through Rural Economic Community Development (RECD), and 50% of acquired funds through F & M Bank of Winchester, to construct and equip a facility for the Center for Health and Development, on Criser Road, in Warren County, Virginia. However, these funds will be borrowed under the terms and conditions such that any debt so incurred will not be debt or obligation of Frederick County, Virginia, pursuant to Article VII, Section 10 of the Constitution of Virginia. PASSED this 12th day of February, 1997. RESOLUTION (#018-97) FROM LINDA A. WILSON. LAW CONSULTING RE: PROPOSAL TO PROVIDE A DEMONSTRATION TRANSPORTATION PROJECT FOR FREDERICK COUNTY - APPROVED Mr. Bill Fuller of Access Independence appeared before the Board to explain why this proposal was being made and asked the Board's endorsement of same. During Mr. Fuller's presentation he referred to a radius 00 miles and Mr. Shickle questioned the accuracy of that figure. Mr. Fuller explained that figure was used in the resolution; however the mileage would be greater than that. Upon motion made by Robert M. Sager, seconded by Margaret B. Douglas, the following resolution was approved by the following recorded vote: James L. Longerbeam - Aye Ii " Ii [1175 W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye Be it resolved by the Board of Supervisors ofthe County of Frederick, Virginia, that John R. Riley, Jr., Clerk to the Board of Supervisors, is authorized, for and on behalf of Frederick County, hereafter referred to as the Public Body, to execute and file an application to the Department of Rail and Public Transportation, Commonwealth of Virginia, hereafter referred to as the Department, for a grant of financial assistance in the amount of $76,237 to defray the costs borne by the Public Body for a State Aid Demonstration Grant and to accept from the Department grants in such amounts as may be awarded, and to authorize John R. Riley, Jr., Clerk to the Board of Supervisors, to furnish to the Department such documentation and other information as may be required for processing the grant request. The Board of Supervisors of the County of Frederick, Virginia, certifies that the funds shall be used in accordance with the requirements of Section 58.1-638.A.4 of the Code of Virginia, that the Public body will provide funds in the amount of $4,013, which will be used to match the state funds in the ratio as required in such Act, that the records of receipts of expenditures of funds granted the Public Body may be subject to audit by the Department and by the State Auditor of Public Accounts, and that funds granted to the Public Body for defraying the expenses of the Public body shall be used only for such purposes as authorized in the Code of Virginia. The undersigned duly qualified and acting Clerk to the Board of Supervisors of the County of Frederick, Virginia certifies that the foregoing is a true and correct copy of a Resolution adopted at a legally convened meeting of the Board of Supervisors of the County of Frederick, Virginia, held on the twelfth (12th) day of February, 1997. RESOLUTION (#016-97) OF THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK. VIRGINIA. AUTHORIZING APPLICATION TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY - APPROVED UNDER CONSENT AGENDA RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA AUTHORIZING AN APPLICATION TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY WHEREAS, the Frederick County School Board (School Board) and the Board of Supervisors (Board of Supervisors) of the County of Frederick, Virginia (County) have determined that it is advisable to contract a debt and issue general obligation bonds of the County in an amount not to exceed $2,705,000 to finance or refinance certain capital improvements for public school purposes (Bonds) and to sell the Bonds to the Virginia Public School Authority (VPSA); NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1 . The County Administrator is authorized and directed to execute and deliver an application to the VPSA in order to sell the Bonds to the VPSA at the Spring 1997 VPSA bond sale. 2. The Board of Supervisors adopts this declaration of official intent under Treasury Regulations Section 1.150-2. The Board of Supervisors reasonably expects to reimburse advances made or to be made by the County or the School Board to pay the costs of acquiring, constructing and equipping the capital improvements for school purposes from the proceeds of its debt or other financings. The maximum amount of debt of other financing expected to be issued for such improvements is $2,705,000. 3. This resolution shall take effect immediately. REOUEST TO ADVERTISE TREASURER'S STATEMENT OF 176 ACCOUNTABILITY TO THE COUNTY - APPROVED UNDER CONSENT AGENDA REOUEST FOR A SUPPLEMENTAL APPROPRIA TION FOR THE CENTER FOR COMMUNITY LTVTNG - COMMUNITY BLOCK GRANT PROJECT - PULLED FROM AGENDA - (APPLICANTS INSTRUCTED TO HAVE NECESSARY INFORMA TION TO BOARD FOR MEETING OF FEBRUARY 26. 1997 COMMITTEE APPOINTMENTS MARGARET B. DOUGLAS. ROBERT M. SAGER. AND ROGER THOMAS APPOINTED TO STEPHENS CITY JOINT PLANNING COMMITTEE Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shickle, Board members, Margaret B. Douglas, and Robert M. Sager, and Roger Thomas of the planning commission were appointed to the Stephens City Joint Planning Committee. 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 ROBERT A. MORRIS REAPPOINTED TO PLANNING COMMISSION .FROM SHA WNEE DISTRICT Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, Robert A. Morris was reappointed to the Frederick County Planning Commission from Shawnee District for a four year term. This term will commence on April 28, 1997 and end on April 28, 2001. 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 SHAWNEE-LAND SANITARY DISTRICT ADVISORY COMMTTIEE CHAIRMAN REOUEST AMENDMENT OF PLAN FOR LOT DONATIONS - APPROVlD UNDER CONSENT AGENDA . (This Information is on File at the Office in Shawnee-Land or the County Administrator.) PLANNING COMMISSION BUSINESS PUBLIC HEARING ITEMS: PUBLIC HEARING - CONDITIONAL USE PERMIT #017-96 OF CHARLES W. ROSE. JR.. TO OPERATE AN AUTOMOBILE REPAIR BUSINESS WT'fllOqT i! II 177 BODY REPAIR. THE PROPERTY IS LOCATED AT 751 FROG HOLLOW ROAD AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 22-A-IOB IN THE GAINESBORO MAGISTERIAL DISTRICT - APPROVED Mr. Wayne Miller, wning administrator, presented this request to the Board noting that staff and planning commission recommended approval with conditions. Mr. Rose was present on behalf of his request. There was no public input. Upon motion made by Richard C. Shickle, seconded by W. Harrington Smith, Jr., conditional use permit #017-96 of Charles W. Rose, Jr., was approved with conditions, as noted by the planning commission, 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 - REZONING APPLICATION #006-96 OF H. CLAY DEGRANGE ESTATE TO REZONE 51.0540 ACRES FROM RA (RURAL AREAS) TO B2 (BUSINESS GENERAL). THIS PROPERTY IS LOCATED IN THE NORTHWEST OUADRANT OF THE INTERSECTION OF ROUTE 50 WEST AND ROUTE 37. THE PARCEL IS IDENTIFIED WITH PIN 53-A-68 IN THE GAINESBORO MAGISTERIAL DISTRICT - APPROVED Mr. Kris Tierney, planning director, presented this request to the Board. He explained that following the initial tabling of this application by the Commission, there were numerous meetings between the staff and representatives of the applicant. As a result of staffs initial comments, discussion at the Commission meeting, and subsequent meetings with staff, the applicant prepared a revised submission. The most fundamental changes in the application between the two Commission meetings were that a traffic impact analysis was conducted, the proffer statement was significantly revised, and an understanding concerning the provision of sewer service to the site was reached. He further explained that the transportation analysis was conducted and this report has come back from VDOT noting an increase in traffic from 45% to 135%, with Ward Avenue having the greatest increase. He stated that the Planning Commission did recommend approval of this request. Mr. Sager asked ifhis understanding was correct wherein the total cash proffer was $12,161, 178 and if so, given the amount of service that will be provided is this enough money. He asked about the police services that would be provided. Mr. Tierney eXplained that this has all been rolled into the one amount. Mr. Sager asked if this was the first and last time that proffers could be addressed. Mr. Tierney replied yes. Mr. Robert Solenberger, adjoining property owner, appeared before the Board to express his concerns about this rezoning. He does have orchards that adjoin this property and the fact spray is used throughout the year this concerns him as whether or not adequate setbacks were planned for this property. Martha Wolfe, Gainesboro District, is opposed to this request as she feels the area should remain rural. Mr. Chuck Maddox, of G. W. Clifford Associates, appeared before the Board on behalf of the petitioner and explained that ofMr. Solenberger's concern will be addressed. Mr. Shickle asked Mr. Tierney about the proposed proffers and buffers. Mr. Tierney explained that he cannot dictate proffers and he cannot impose conditions on proffers. Mr. Longerbeam stated that he felt Dr. Gary DeOms could offer his expertise on the flexibility and latitude as it deals with the spraying that Mr. Solenberger expressed concern about. Mrs. Douglas stated that she was uncomfortable with the fact that the county may not be able to protect the orchardist. Mr. Tierney further explained to the Board that they have more latitude at this stage than they will at the Master Development Stage. Mr. Longerbeam asked the Trustees if they felt this could be worked out. They indicated they thought it could. Mr. Smith stated that within the last few days he has come across an agreement which was made between the First Union National Bank of Virginia, Trustee of the DeGrange Estate and the City of Winchester. Frederick County Sanitation Authority was not notified about this at all. This document was dated April 3rd and Mr. Wendy Jones of the Sanitation Authority received it on January 27, just a few days ago. He stated he was prepared to vote for this rezoning; however when " i' " i I I I I 179 he completes his little dissertation, he will recommend that this request be tabled so all the players can be called back to the table for thirty days in order that this water situation might be straightened out. He further stated that this is Frederick County's service area and he is not sure at this point whether this agreement is worth the paper it is written on. Germany marched into Poland and Winchester is going to march into Frederick County. Frederick County has got to protect their boundaries. Mr. Smith further explained that the paper he has outlines dates, individuals that were talked to, etc. On January 27, Mr. Jones told Mr. Moffett that the City of Winchester cannot service the DeGrange property without the Authority's approval; however Mr. Moffett contends otherwise. Mr. Smith further explained that all of this started back in May of 1995 when the water tank was installed, and the only reason he voted in favor of this tank being installed was due to the hospital and Shenandoah University, because he could see what was going to happen as sure as God made little green apples, and sure enough here it comes. At this time Mr. Smith gave a chronological listing of what had transpired since May of 1995 until the present with regard to this request for water, and told the Board members that other requests have been tabled for a lot less, and further, he didn't feel the Board should give up their self determination on this. Mr. Shickle stated that he felt Mr. Smith has well aired our laundry, and its not pretty laundry, but he doesn't feel it was the developer's problem, rather the problem of the City of Winchester, Frederick County and the Sanitation Authority, and one that we need to work at resolving. He doesn't feel that it is even pertinent to this rezoning and ifit comes to a vote at this meeting, he plans to vote in favor of this rezoning. Mr. Smith told Mr. Shickle that he felt he was exactly wrong, he thinks he is dead wrong and why he feels this way is that ifthis is approved, at this meeting, you will never get these people to the table; however, if the Board turns this down, you better believe they will be at the table tomorrow mormng. Mr. Maddox explained to the Board that many discussions have been conducted on this water and sewer issue. It is definitely the owners choice to have the Frederick County Sanitation Authority provide the water and sewer to this project. The owners and trustees are very concerned about this issue, as they have been all along. 180 Mr. Smith told Mr. Maddox that this was not a situation created by Frederick County. This was a situation created by the City of Winchester and First Union Bank. Frederick County knew nothing about it. This was the county's service area, yet we knew nothing about it. Mr. Smith asked Mr. Maddox to explain that to him. Mr. Maddox explained that they are working toward an agreement with Frederick County. Mr. Sager asked Mr. Maddox what type of time table he was looking at with Mr. Jones in providing water and sewer. Mr. Maddox explained it would be in the design stage this year and in keeping with the time table involved with this project, it would be within two years. Mr. Longerbeam stated that it would appear to him that what Mr. Smith is looking for,)n order to protect the Sanitation Authority, is a caveat or whatever motion there is to approve this, that it will only be approved when the Sanitation Authority signs off on the agreement that they can live with, and that will be a condition of the rezoning. Mr. Smith replied that he could live with that, if it is a caveat to the motion. Mr. Shickle made the motion to approve rezoning #006-96 of H. Clay DeGrange Estate contingent upon an agreement being worked out between the Sanitation Authority and the developer for the provision of water and sewer service to the property. Mr. Sager 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 Mr. Sager stated that he had promised one of his constituents, Dr. Lawrence, who is out of town, that he would express his concerns about the impact a development of this magnitude would have on the traffic in that area. End of Planning Commission Public Hearing Items. DISCUSSION OF 1997-1998 CAPITAL IMPROVEMENTS PLAN - PUBLIC HEARING TO BE SCHEDULED End of Planning Commission Business. Ii II I 181 COMMITTEE REPORTS TRANSPORTATION COMMITTEE - APPROVED UNDER CONSENT AGENDA The Transportation Committee considered the following issues during their regular meeting of February 4, 1997: Establishin!! a New System to Rank Hard Surface Road Improvement Proiects The committee directed staff to develop a simplistic rating system within the next sixty (60) days that would be utilized to establish hard surface road improvement priorities. The committee would use this system during the 1997 update of the Secondary Road Plan to establish priorities that could be funded under the VDOT Six Year Plan, and would place all other projects within an unprioritized list for unfunded projects. The rating system would be used as needed to determine which projects would be moved from the unprioritized list to the Secondary Road Plan when applicable. Endorsement of a Grant Application Proposed bv Access Independence The committee recommended by a 5-1 vote that the Board of Supervisors approve a grant application submitted by Access Independence. This grant, available through the Virginia Department of Rail and Public Transportation, would allow Access Independence to provide paratransit public van service for disabled, elderly, and transit dependent persons. The grant request is for $75,000 and requires a 5% local match. Ri!!ht-of-Wav Acauisition for Carters Lane (Route 629) Jerry Copp, Resident Engineer, informed the committee that he had been contacted by residents along Carters Lane ( ranked #25) that were willing to donate right-of-way for future road improvements. The committee advised Mr. Copp that VDOT should only make special efforts to obtain right-of-way if directed by the Board of Supervisors. PUBLIC WORKS COMMITTEE - APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Tuesday, January 28, 1997, at 7:30 a.m. Present were board members Charles W. Orndoff, Sr. and W. Harrington Smith, Jr., committee members Tom Offutt, George Ludwig and Jim Wilson; County Administrator, John R. Riley, Jr., Landfill Manager, Steve Frye, Environmental Technician, Ron Kimble, Building Official, John Trenary and Director of Public Works, Harvey E. Strawsnyder, Jr., P.E. The following items were discussed and required the boards action: 1. Slud!!e Tippin!! Fee The Director of Public Works recommended that the current sludge tipping fee be reduced from $18.00 per ton to $8.00 per ton. During routine testing of the leachate influent, it has been discovered that the alkaline sludge received from the Opequon Plant is providing a buffering effect on the leachate, thereby raising the PH to the neutral level. This higher PH is much more favorable to biological activity in the leachate treatment pond. To achieve this reduction, a cost comparison was made between buying bulk lime at $76 per ton or using the lime stabilized sludge. A four-to-one ratio was used in the comparison. (Approximately 25 percent of the sludge is lime.) Using this approach it was determined that the sludge was worth approximately $19 per ton. Subtracting this value from the original $27 per ton rate for municipal waste yielded the $8 per ton rate. A motion was made by W. Harrington Smith, Jr. and seconded by Tom Offutt to approve the reduction of the sludge tipping fee from $18.00 per ton to $8.00 per ton. The motion was 182 unanimously approved by the committee. Assuming approval by the board, this recommendation will be forwarded to the City of Winchester for their review and approval. 2. GyPSY Moth Coordinator The County Administrator presented a recommendation from the Gypsy Moth Committee to fill the gypsy moth coordinator position vacated by Brenda Diehl. Mr. Riley indicated that the gypsy moth had been temporarily eradicated in Frederick County and defoliation had been very minimal during this past year. This reprieve from heightened gypsy moth activity is expected to last for at least three to five years. Therefore, a motion was made by George Ludwig and seconded by W. Harrington Smith, Jr. not to fill the vacant position at this time. In the interim, Mr. Ludwig added that someone within the county's staff should be designated to field calls related to the gypsy moth problems. Mr. Riley indicated that this task would be assigned to the Extension office. The original motion was unanimously approved. The following items were submitted for the boards information only: 1. New Financial Assurance Reauirements for Municipal Solid Waste Landfills The Director of Public Works presented a brief summary of the new financial assurance requirements being proposed by the Environmental Protection Agency (E.P.A.) for municipal solid waste landfills. The attached document prepared by the EP A has not been promulgated into law by the Department of Environmental Quality (D.E.Q.) However, it is anticipated that this requirement will be adopted on or about April 30, 1997. Currently, municipalities owning and/or operating landfills are exempt from financial assurance requirements. However, the new EP A requirements mandate that each municipality will be subject to a financial test to determine if they will be required to comply with current financial assurance requirements imposed on the private sector. It appears that Frederick County's outstanding bond rating will allow us to pass the financial test without incurring additional assurance expenditures. We intend to meet with DEQs legal representatives to confirm this conclusion (see Attachment I). 2. Evaluation of Telephone Service in the Inspection Department Recently, our inspection department has received several concerns from private citizens and contractors related to telephone access during the hours of8:00 a.m. to 9:00 a.m. During this period, our inspectors are available to answer questions concerning inspection scheduling or technical issues. The attached memorandum from Building Official, John Trenary, briefly summarizes this issue. To alleviate this problem, we evaluated two (2) potential options: 1) pagers for each inspector and 2) installing voice mail. The costs related to each option are outlined in the attached memorandum. After discussing this issue at length, a motion was made by Jim Wilson and seconded by W. Harrington Smith, Jr. to pursue the pager option with an initial cost of$1,614.00 and a subsequent operation cost of $936.00 per year. This motion was unanimously approved for submittal to the Finance Committee for their review (see Attachment 2). 3. Reauest for Proposals for Architectural/En2ineerin2 Services Related to the Desi2n of a New Public Librarv The County Administrator indicated that the Public Works Committee would be involved in the selection of an architecturaVengineering firm for the design of a new public library. The new library will be constructed on land owned by Frederick County near the Lakeside subdivision. 4. Miscellaneous Reports a. Animal Shelter Report- Dogs (see Attachment 3); 183 b. Animal Shelter Report - Cats (see Attachment 4); c. Tonnage Report (see Attachment 5); and; d. Recycling Report (see Attachment 6). BOARD OF SUPERVISORS COMMENTS THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. '---"\ / LL/~!j~. James L. Longerbtlam Ch.;,man. Bo."" or Sup,,,,i,,,, . ~?(' (~ Joh Riley, Jr. Clerk, Board of Supervisors