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April 09, 1997 Regular Meeting -~-- If Ii !i Ii 251 A Regular Meeting of the Frederick County Board of Supervisors was held on April 9, 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 Douglas T. Ibach of the Presbyterian Parish of the Valleys. ADOPTION OF AGENDA Mr. Riley noted one addition, a statement from the Board on the passing of George B. Whitacre, Clerk of the Circuit Court. BOARD OF SUPERVISORS' AND STAFF EXPRESS THEIR CONDOLENCES AT THE PASSING OF GEORGE B. WHITACRE. CLERK OF THE CIRCUIT COURT Mr. Riley read a statement at this time. CONSENT AGENDA Mr. Riley suggested the following tabs for approval under the consent agenda: 1. Upcoming Appointments to Shawnee-Land Sanitary District Advisory Committee - TabC; 2. Closing of County Offices for Apple Blossom Festival- Tab D; 3. Proclamation Recognizing May 12-16, 1997 as Winchester Business and Professional Women's Week - Tab E; 4. Proclamation Designating May 10, 1997 as Letter Carrier Food Drive Day - Tab F; 5. Request from Winchester and Western Railroad Company Re: Approval of Rail Preservation Application Resolution - Tab G; 6. Parks and Recreation Commission Reports - Tab T; 7. Departmental Annual Work Programs - Tab W. Mr. Riley had also included Tab J - Shenandoah Rail Initiative Resolution; however, Mr. Sager requested that this not be included under consent agenda. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the consent .252 agenda was approved as noted 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 Reverend Douglas T. Ibach, Opequon District, addressed the Board concerning an ongoing problem that he has been experiencing in his neighborhood with trash. He explained that this trash is a result of building contractors working in the neighborhood that are not policing trash pickup and he is requesting assistance from the county in trying to resolve this problem. Mr. Longerbeam suggested to Reverend Ibach that he get in touch with Ed Strawsnyder, director of Public Works, and he felt this concern could be worked out. Bruce Armstrong, Back Creek District, stated that Evan Wyatt will be bringing a plan to the Board at their meeting on Apri123, wherein he will present to them a Secondary Road Improvement Plan Rating System for their review and comment. He asked the Board to please approve this plan as a lot of thought and work had gone into it, not only by the planning staff, but also the residents living along Laurel Road. MINUTES OF REGULAR MEETING - MARCH 12. 1997 - APPROVED Mrs. Douglas noted that on page 2 under citizen comments, Mr. Bruce Armstrong stated he was a resident of Opequon District when in fact he is a resident of Back Creek District. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the minutes of the regular meeting of March 12, 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 SPECIAL MEETING - MARCH 21. 1997 - APPROVED Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sf., the minutes of the Special Meeting of March 21, 1997 were approved as presented by the following recorded Ii I I I II 253 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 COMMITIEE APPOINTMENTS GEORGE VAUGHT APPOINTED AS REPRESENTATIVE FROM TOWN OF STEPHENS CITY TO SERVE ON COUNTY TRANSPORTATION COMMITIEE REPLACING ANNA WANZER WHO HAS RESIGNED Upon motion made by Robert M, Sager, seconded by Margaret B. Douglas, George Vaught was appointed to the County Transportation Committee as the representative from the Town of Stephens City. This was necessitated due to the resignation of Anna Wanzer. This term will expire February 13, 1998. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye AREND L. NYDAM REAPPOINTED TO BOARD OF BUILDING APPEALS Upon motion made by Richard C. Shickle, seconded by W. Harrington Smith, Jr., Arend L. Nydam was reappointed to the Board of Building Appeals from Gainesboro District. This term will begin on April 9, 1997 and expire on April 9, 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 MARTIN KILLINGBECK REAPPOINTED TO HISTORIC RESOURCES ADVISORY BOARD FROM GAINESBORO DISTRICT Upon motion made by Richard C. Shickle, seconded by Charles W. Orndoff, Sr., Martin Killingbeck was reappointed to Historic Resources Advisory Board from Gainesboro District. This term will begin on April 12, 1997 and expire on April 12, 2001. 254 This 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 REOUEST TO PLACE MARTIN L. FELTNER. THOMAS E. ROGERS. AND LONNIE L. BRICE ON SHAWNEE-LAND SANITARY DISTRICT ADVISORY COMMITIEE BALLOT - APPROVED UNDER CONSENT AGENDA REOUEST TO OFFICIALLY CLOSE COUNTY OFFICES ON FRIDAY. MAY 2. 1997. DUE TO THE APPLE BLOSSOM FESTIVAL - APPROVED UNDER CONSENT AGENDA PROCLAMATION (#003-97) RECOGNIZING MAY 12-16.1997. AS WINCHESTER BUSINESS AND PROFESSIONAL WOMEN'S WEEK - APPROVED UNDER CONSENT AGENDA WHEREAS, this week in May has been designated Winchester Business and Professional Women's Week, we the undersigned hereby acknowledge this designation. WHEREAS, we recognize the achievements of Business and Professional Women in our community, locally and also internationally; WHEREAS,members of the Winchester Business and Professional Women play an integral roll of leadership to and development of other members of the community; WHEREAS, among many other qualities, the Nike Emblem symbolizes strength, freedom, wisdom, leadership, equality, growth, friendship and achievement and it gives direction to the leaders of today and the future; and WHEREAS, Winchester Business and Professional Women IS celebrating its 50th anruversary; NOW, THEREFORE, LET IT BE DECLARED, that the week of May 12 - 16, 1997 is Winchester Business and Professional Women's Week. PROCLAMATION (#004-97) - FOOD DRIVE DAY - NATIONAL ASSOCIATION OF LETTER CARRIERS - APPROVED UNDER CONSENT AGENDA WHEREAS, Saturday, May 10, 1997, has been designated as Food Drive Day by the National Association of Letter Carriers and will be observed by letter carriers in the County of Frederick; and WHEREAS, in 1996, letter carriers collected 27,000 pounds in our community and 45,000,000 pounds nationally during this Food Drive; and WHEREAS, the letter carriers serve citizens of our fine county in an exemplary manner through the most hazardous weather, be it snow, rain or extreme summer heat; and WHEREAS, this most faithful and dedicated civil servant never fails to complete his rounds of serving our entire population; and WHEREAS, letter carriers throughout the County of Frederick will be collecting food to replenish food pantries for the less fortunate and the homeless; and I 1255 I WHEREAS, the people of this great county wish to express their appreciation for, and show recognition of the efforts and sacrifices made by their faithful letter carrier. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby proclaim May 10, 1997, as Letter Carrier Food Drive Day in the County of Frederick, and urge all citizens to join in its observance. RESOLUTION (#024-97): RAIL PRESERVATION APPLICATION. WINCHESTER AND WESTERN RAILROAD - APPROVED UNDER CONSENT AGENDA WHEREAS, the Winchester & Western RR desires to file an application with the Virginia Department of Transportation for safety and improvement projects; and WHEREAS, the identified safety projects are estimated to cost $190,000 and the improvement projects are estimated to cost $2,035,666; and WHEREAS, the 1997 General Assembly has approved funding for the acquisition, lease or improvement of railways within the Rail Industrial Access Program budget; and WHEREAS, the Winchester & Western RR is an important element of the WinchesterIFrederick County transportation system; and WHEREAS, the Winchester & Western RR is instrumental in the economic development of the WinchesterIFrederick County area, and provides relief to the highway system by transporting freight, and provides an alternate means of transporting commodities; and WHEREAS, Frederick County supports the project and the retention of rail service; and WHEREAS, the Commonwealth Transportation Board has established procedures for all allocation and distribution of the funds approved by the 1997 General Assembly. NOW, THEREFORE, BE IT RESOLVED that Frederick County does hereby request the Virginia Department of Rail and Public Transportation to give priority consideration to the projects proposed by the Winchester & Western RR totaling $2,225,666 in Frederick County and the City of Winchester. FISCAL YEAR 1997-1998 BUDGET - APPROVED WHEREAS, a notice of public hearing and budget synopsis has been published and a public hearing held on March 26, 1997, in accordance with Title 15.1, Chapter 4, Section 15.1-162, of the Code of Virginia, 1950 as amended. THEREFORE, BE IT FURTHER RESOLVED, by the Board of Supervisors of the County of Frederick, Virginia, that the budget for the 1997-98 fiscal year as advertised in The Wmchester Star on March 18, 1997, as amended be hereby approved in the amount of$121,844,464. WHEREAS, the budget amounts represent the total, less transfers between funds. WHEREAS, the difference in the proposed budget and approved budget equals $195,716 in additional general fund expenditures as a result of restored funding for positions. WHEREAS, the difference in the school operating fund equals $197,901 which is a result of the School Board budgeting for FY 1997-98 Trigon funds received in the current year. BE IT FURTHER RESOLVED, that the County of Frederick budget for the 1997-98 fiscal year be adopted as follows: General Operating Fund: L 256 General and Financial Admin. Judicial Administration Public Safety Public Works HealthIW elfare Education - Community College Parks, Recreation & Cultural Community Development Non-Departmental Expenses Regional Jail Fund Landfill Fund Division of Court Services Fund Shawnee-Land Sanitary District Fund School Operating Fund: Instruction Administration, Attendance & Health Pupil Transportation Operation and Maintenance Facilities Airport Operating Fund Airport Capital Outlay Larrick & Sides Trust Funds Elementary School Additions Cap. Proj. Fund New Elementary School Cap. Proj. Fund James Wood Athletic Field Cap. Proj. Fund New Stonewall Elementary School Cap. Proj. Fund School Cafeteria Fund School Debt Service Fund School Textbook Fund School Capital Fund Consolidated Maintenance Fund Unemployment Compensation Fund $ 3,823,137 816,432 6,479,181 2,240,546 2,812,327 34,160 2,788,371 1,677,209 1,165,000 5,108,678 4,213,312 738,257 403,852 44,650,966 2,539,916 3,014,748 5,783,224 23,600 831,117 1,422,500 167 3,000,000 5,300,000 92,000 300,000 3,329,487 14,318,336 825,890 3,796,302 295,749 20,000 " BE IT FURTHER RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, does herein adopt the tax rate for the 1997 assessment year at a rate of 59 cents to be applied to real estate, the rate of$4.20 to be applied to personal property, $2.25 applied to personal property on one vehicle to volunteer firefighters that are approved and registered with the Fire and Rescue Department, the rate of 42Y2 cents to be applied to airplanes and zero tax to be applied to antique vehicles. The Business and Professional Occupational License rates are as follows: retail 20 cents per $100 of gross receipts, professional services 58 cents per $100 of gross receipts, personal and business 36 cents per $100 of gross receipts, wholesale 5 cents per $100 of purchases and the rate of $2.00 on declining values to be applied to machinery and tools, and contract carrier classified vehicles. BE IT FURTHER RESOLVED, that appropriations are hereby authorized for the central stores fund, special welfare fund, comprehensive services fund, health insurance fund and unemployment compensation fund equal to the total cash balance on hand at July 1, 1997, plus the total amount of receipts for the fiscal year 1997-98. Mr. Sager asked about the $500,000 eannarked for Economic Development Commission and if the board of supervisors would vote on any expenditure made from this amount. Mr. Riley replied yes. ---n----- II Ii II I' II 1257 Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above fiscal year 1997-1998 Budget 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 SANITATION AUTHORITY SUBMITS PROPOSAL TO COUNTY THAT WOULD REDUCE THE PRINCIPLE OF THEIR LOAN FROM THE COUNTY IN EXCHANGE FOR THE AUTHORITY PROVIDING WATER AND SEWER TO THE ROUTE 50 WEST DEVELOPMENT PROJECT - REFERRED TO THE FINANCE COMMITTEE Correspondence has been received from W. H. Jones, engineer-director, of the sanitation authority wherein he addresses the outstanding loan made to the authority by the county. He proposes to provide water and sewer to the Route 50 West Urban Development area with the extension being provided by mains from the Sunnyside area with the estimated cost being $600,000. He asked the to Board to consider a proposal by the sanitation authority wherein the amount expended by the authority would reduce the principle of the loan as ofthe date expended. Mr. Sager stated that he had no problems with the proposal submitted by the county sanitation authority. Mr. Sager asked Mr. Riley when this loan was made by the county. Mr. Riley replied he was not sure, as it was a number of years ago. Mr. Shickle asked ifthere was a note. Mr. Riley replied yes. Following further discussion it was the consensus of the Board that this should be referred to the Finance Committee for their review and recommendation. RESOLUTION (#025-97) - SHENANDOAH RAIL INITIATIVE - APPROVED AS AMENDED Mr. Sager stated that he feels it should be spelled out in the resolution that the rail service will be brought through Frederick County and the City of Winchester. RESOLUTION OF SUPPORT TO SRI WHEREAS, the County of Frederick is located in the historic Shenandoah Valley; and WHEREAS, the County of Frederick desires to see historic sites preserved and that all potential tourism connections to these sites be preserved, developed and encouraged; and 258 WHEREAS, as the County of Frederick acknowledges the benefit that rail access will provide to increase tourism and serve to link many of the noncontiguous battlefields mentioned in the Shenandoah Valley Battlefield Historic District legislation; and WHEREAS, the Shenandoah Rail Initiative has been working to establish this regional linkage project with multiple jurisdictions; and WHEREAS, the Shenandoah Rail Initiative is seeking to obtain ISTEA funding to assist in the implementation of this regional project. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors for the County of Frederick, Virginia that this resolution of support be adopted and presented to Mr. Tony Coogan, Executive Director of the Shenandoah Rail Initiative, stating our support of this effort to obtain ISTEA funding and get the passenger rail link in the valley re-established for these proposed rail excursions II that will brim! tourists to Frederick County and the City of Winchester".. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the above resolution for Shenandoah Rail Initiative 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 PLANNING COMMISSION BUSINESS: PUBLIC HEARING ITEMS: PUBLIC HEARING - CONDITIONAL USE PERMIT #001-97 OF DEREK M. HEISHMAN TO OPERATE AN AUTO REPAIR BUSINESS WITHOUT BODY REPAIR. THIS PROPERTY IS LOCATED AT 187 MIDDLE LANE IN GORE. AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 28-A-71A AND 28-A-71B IN THE BACK CREEK MAGISTERIAL DISTRICT - APPROVED Mr. Andy Evans, zoning administrator, presented this request to the Board noting that staff and planning commission recommended approval with conditions as spelled out in the agenda. There was no public input. Upon motion made by Margaret B. Douglas, seconded by W. Harrington Smith, Jr., CUP #001-97 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 - CONDmONAL USE PERMIT #003-97 OF MARIETTA AND KIM WALLS TO OPERATE A VETERINARY HOSPITAL (APPLE VALLEY ANIMAL HOSPITAL) WITH BOARDING TO KEEP ANIMALS OVERNIGHT THAT DO NOT NEED MEDICAL ATTENTION. THIS PROPERTY IS LOCATED II 1259 AT 1207 CEDAR CREEK GRADE. AND IS IDENTll<lED WITH PROPERTY IDENTIFICA nON NUMBER 63-A-2K IN THE BACK CREEK MAGISTERIAL DISTRICT - DENIED Mr. Evans presented this request noting that staff and planning commission recommended approval with conditions as spelled out in the agenda. Mr. Sager asked what the total capacity of dogs would be, if the Board approves this request. Dr. Marietta Walls replied no more than twenty-seven. Dr. Marietta Walls addressed the Board at this time and explained that it is usually during the holidays that this number of dogs are at the location. Mr. Smith stated that he has used this facility many times and feels it is maintained in a superior manner. He further stated that he has been outside of the structure and at no time could any barking be heard. He feels it would be a great asset and he intends to support the request. Mr. Ben Butler, local attorney, representing the adjacent land owner, Joseph Allen and the Bank of Clarke County, Trustees for the Evelyn Allen Trust, addressed the Board. He explained that the adjacent land owner is in definite opposition to what they consider to be an expansion, for until Dr. Wall revealed that apparently this has been going on all the time under the conditional use permit, they were not aware that dogs were being boarded, for in fact this is a kennel. He addressed the building in question and the fact that this was originally built as a residence, and the veterinarian hospital came as an after thought in the basement, and further he understands at this time this basement is filled with twenty seven dog runs. Mr. Butler explained that none of the veterinarian hospitals in Frederick County, Clarke County or Winchester area have boarding kennels except for the Winchester Veterinarian Hospital which is another hospital operated by Dr. Walls. Mr. Butler feels if the Board should approve this request they would be setting a dangerous precedent. He further addressed the fact that a tenant is living in the upstairs area and he questioned whether there is a problem here with two accessory uses going on under one conditional use permit. Dr. Kim Walls appeared before the Board and explained that when the building was originally built it was planned for a veterinarian hospital with a residence over the top of it, and this was approved by the planning commission. He explained that the current number of runs, that are large enough for dogs to run around in, is seven. They would like to be able to board clients pets that need 260 to be looked after while the owner is out of town. Mr. Shickle stated that his paper work indicates that the conditional use permit did not allow the boarding of animals that did not require hospitalization. He asked Dr. Walls if he was aware of this. Dr. Walls replied that he was not aware that there was a specific thing that they should not do. They did not start out trying to board peoples animals, this sort of developed when they were asked by their clients to watch the animals while they were gone as they needed medication and to be watched. Mr. Shickle stated to Dr. Walls that he had gotten into violation unknowingly and when he found out he was in violation he made the request to have the conditional use permit amended in order to continue doing what he has been doing. Dr. Walls replied that was correct. Mr. Shickle asked Dr. Walls ifhe was surprised when he was contacted by the county office that he was in noncompliance. Dr. Walls replied yes. He was taken by surprise. Tun Powell, resident of Clay Hill Subdivision, appeared before the Board indicating that the residents of this subdivision are opposed to this request as they feel it could end up being a nuisance to the neighborhood. Mrs. Douglas asked Mr. Powell if there had been any problem up, to this point, with dogs barking. Mr. Powell replied no. Elizabeth Powell, resident of Clay Hill Subdivision, stated another concern of the neighbors was that they did not feel having a business in the neighborhood would have a positive affect on their property values. Dr. Marietta Walls once again appeared before the Board and explained that the citizens who spoke at the planning commission meeting had no complaints about noise, odor, etc., and she and her husband did not intend to expand their operation, for everything other than what is presently there this is all there is going to be. Mrs. Douglas moved to approve conditional use permit #003-97 of Marietta and Kim Walls. I' I I 261 Mr. Smith seconded the motion. Mr. Smith asked Mr. Powell ifhe had a petition or letter from the other neighbors of Clay Hill Subdivision indicating that the Powells could speak for them. The Powells replied no. Mr. Shickle stated that he could not support this request as he feels it would be setting a precedent. Mr. Sager and Mr. Orndoff indicated they agreed with Mr. Shickle. The above motion was denied by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Nay Richard C. Shickle - Nay Charles W. Orndoff, Sr. - Nay PUBLIC HEARING - CONDIDONAL USE PERMIT #004-97 OF SIDNEY A. REYES FOR A COTTAGE OCCUPATION TO OPERATE A PHOTOGRAPHY PORTRAIT STUDIO. THIS PROPERTY IS LOCATED AT 350 REDLAND ROAD IN CROSS JUNCTION. AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 18-2-2 IN THE GAINESBORO MAGISTERIAL DISTRICT -APPROVED Mr. Evans presented this request to the Board noting that staff and planning commission recommended approval with conditions as noted in the agenda. There was no public input. Upon motion made by Richard C. Shickle, seconded by Robert M. Sager, conditional use permit #004-97 of Sidney Reyes 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 - CONDITIONAL USE PERMIT #005-97 OF POWELLS PLUMBING (JOHN D. POWELL) TO ERECT AN OFF PREMISE BUSINESS SIGN. THIS PROPERTY IS LOCATED AT 120 WATERLOO COURT. AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 65-A-125 IN THE SHAWNEE MAGISTERIAL DISTRICT - APPROVED Mr. Evans presented this request to the Board noting that staff and planning commission recommended approval with conditions as noted in the agenda. Mr. Charles Taylor, resident of Winchester; however, he owns property across the street from 262 Mr. Powell addressed the Board with reference to the dimensions of the sign and the exact location. Mr. Longerbeam replied 4 square feet, and the sign would be on the south side of Route 50. Mr. Smith moved to approve conditional use permit #005-97, and Robert M. Sager seconded. Mr. Longerbeam stated that he had misstated the size of the sign as it should be 30 square feet, not four. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, conditional use permit #005-97 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 PUBLIC HEARING - CONDITIONAL USE PERMIT #006-97 OF DAVID AND DEBBIE BRAGG TO OPERATE AN ANTIOUE SHOP. THIS PROPERTY IS LOCATED A T 511 REDBUD ROAD. AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 43-A-155 IN THE STONEWALL MAGISTERIAL DISTRICT - APPROVED Mr. Evans presented this request to the Board noting that staff and planning commission recommended approval with conditions as noted in the agenda. Mr. Orndoff asked why a site plan would be needed. Mr. Evans replied this will be a commercial use; therefore, site plans are required because of parking, entrance, etc. There was no public input. Upon motion made by Charles W. Orndoff, Sr., seconded by Richard C. Shickle, conditional use permit #006-97 of David and Debbie Bragg 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 - CONDmONAL USE PERMIT #002-97 OF JOSEPH W. EDMISTON FOR A DOG KENNEL (NON-BOARDING). THIS PROPERTY IS LOCATED A T 1293 HOLLOW ROAD IN GORE. AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 26-4-5 AND 26-4-6 IN THE BACK CREEK MAGISTERIAL DISTRICT - DENIED Mr. Evans presented this request to the Board noting that staffhad recommended approval 'I I '263 I with conditions as noted in the agenda; however, the planning commission recommended denial as three area residents and the sales contractor for Lake Isaac Estates and Westview came forward to speak in opposition to the Kennel. The residents complained of noise from barking dogs, during the daytime as well as at night, as their greatest concern; and secondly, they were concerned about the affect of the kennel use on their property values. At the planning commission meeting of March 5, 1997 the sales contractor said he lost a sale due to the kennel and he presented a petition of opposition signed by seven property owners of the Lake Isaac Estates and Westview subdivisions. Mr. Edmiston appeared before the Board on behalf of his request stating that he has approximately fifty dogs at the site and he plans to construct a building that will house all of the dogs over night, if this CUP is approved. Mr. Sager stated to Mr. Edmiston that he had been operating a kennel without proper permits and he did not have a business license, and has continued operating the business without a business license. Mr. Edmiston stated that was correct as he could not obtain the business license without a CUP. Mr. Shickle asked Mr. Edmiston ifhe were required to dispose of the dogs, he currently has, how would he handle this? Mr. Edmiston replied that this is the second move for them and he really didn't know at this time, they feel this is a suitable location as there are twelve acres of land, and if this location is not suitable for a dog kennel then, he is not sure where there would be one. Mr. Shickle asked Mr. Edmiston if he had increased the number of dogs he currently has, from the amount he had when his original request was denied by the Board? Mr. Edmiston replied no. Mr. Shickle stated to Mr. Edmiston that it would be fair to say, that it would be quite a chore to dispose of the dogs, or decide what to do with them when you were turned down the first time. Mr. Edmiston replied yes, that is when they moved from the previous location to where they are now, and reapplied. Betsy Lewis, area resident told the Board of dogs barking all the time and the neighbors are not happy with this operation. 11 264 Bob Rush, resident ofIssac Estates and lives one-half mile away from the Edmiston site and he can clearly hear the dogs barking and furthermore he does not feel this is an appropriate location for a kennel. Bob Jewel, area resident, living one-half mile from Edmiston site. He explained that he built his home in the county for the quietness, that is part of living in the county, not to be next to barking dogs. Mrs. Douglas moved to deny CUP #002-97, 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 PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 165. ZONING: ARTICLE IV. SUPPLEMENTARY USE REGULATIONS. SECTION 165-24. HEIGHT LIMITATIONS: EXCEPTIONS: SECTION 165-48.6. COMMERCIAL TELECOMMUNICATIONS FACILITIES: AND ARTICLE XXI. DEFINITIONS. THE PROPOSED AMENDMENTS WILL ESTABLISH PROCEDURES AND STANDARDS TO ALLOW FOR THE SITING OF COMMERCIAL TELECOMMUNICATION FACILITIES WITHIN ALL ZONING DISTRICTS SPECIFIED IN THIS CHAPTER - APPROVED Mr. Evan Wyatt, deputy planning director, presented this ordinance amendment to the Board noting that the planning commission had recommended unanimous approval. Mr. Shickle asked Mr. Wyatt ifhe knew how many antennas were currently erected within the county that this ordinance would have covered? Mr. Wyatt replied no he did not, but within the past two years this ordinance would have impacted four. Mr. Shickle further asked if there were any antennas that would be "grandfathered" and not covered by this? Mr. Wyatt replied that he thought CFW had permits pending for three towers, and they would be "grandfathered". Mr. Shickle asked ifCFW had been contacted to see if they would comply, as well as other providers? Mr. Wyatt replied that CFW as well as the other providers had been contacted; however, 265 Shentel was the only one to respond; however, the county is working with CFW on one site and they are willing to work with the county. There was no public input. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the following 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 WHEREAS, an ordinance to amend Chapter 165, Zoning, of the Frederick County Code, Article IV, Supplementary Use Regulations, Section 165-24, Height Limitations; Exceptions; Section 165-48.6, Commercial Telecommunications Facilities; and Article XXI, Definitions, of the Frederick County Code, was referred to the Planning Commission as a public hearing on March 19, 1997; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on April 9, 1997; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; NOW, THEREFORE, BE IT ORDAINED, by the Frederick County Board of Supervisors that Chapter 165, Zoning, of the Frederick County Code, Article IV, Supplementary Use Regulations, Section 165-24, Height Limitations; Exceptions; Section 165-48.6, Commercial Telecommunications Facilities; and Article XXI, Definitions, of the Frederick County Code, is amended as follows: ARTICLE XXI Definitions 165-145. Definitions and word usage. Commercial Telecommunication Facility - a structure including the tower, antennas, panels, microwave dishes, receiving dishes, equipment building, other transmitting and receiving components, and other accessory structures, used for the wireless electromagnetic transmission of information, excluding structures utilized as satellite earth stations and structures utilized for amateur or recreational purposes such as ham radio or citizen band radio. Search Area - a geographic area in which a commercial telecommunication facility site may be located that would satisfactorily cover a targeted area and/or hand-off with its neighboring sites. Scenic Area - an open area, the natural features of which are visually significant or geologically or botanically unique. ARTICLE IV Supplementary Use Regulations 165-24 Height Limitations; Exceptions B(I) The maximum height requirements shall not apply to the following: G) Radio and television transmission towers and commercial telecommunication facilities. ,266 165-48.6 Commercial Telecommunication Facilities The intent of this Section is to ensure that the siting of commercial telecommunication facilities occurs through the conditional use permit public hearing process defined in Article III of this Chapter. The siting of commercial telecommunication facilities is permitted within the zoning districts specified in this Chapter, provided that residential properties, land use patterns, scenic areas, and properties of significant historic value are not negatively impacted. A. Information required as part of the Conditional Use Permit Application shall include, but not be limited to the following: 1) A map depicting the search area used in siting each proposed commercial telecommunication facility. 2) Identification of all service providers and commercial telecommunication facility infrastructure within a proposed search area. 3) Information demonstrating that the commercial telecommunication facility is in compliance with the Federal Communication Commissions established ANSI/IEEE standards for electromagnetic field levels and radio frequency radiation. 4) Information delineating procedures for guaranteeing the removal of the commercial telecommunication facility within one year of the abandonment of operation. B. The following standards shall apply to any property in which a commercial telecommunication facility is sited, in order to promote orderly economic development and mitigate the negative impacts to adjoining properties: 1) The Planning Commission may reduce the required setback distance for commercial telecommunication facilities as required by Section 165-24(6) of this Chapter if it can be demonstrated that the location is of equal or lesser impact. Commercial telecommunication facilities affixed to existing structures shall be exempt from setback requirements, provided that they are located no closer to the adjoining property line than the existing structure. 2) Monopole type construction shall be required for new commercial telecommunication towers. The Planning Commission may allow lattice type construction for new telecommunication towers that are located outside the Urban Development Area and are not adjacent to properties that are identified historical sites. 3) Advertising shall be prohibited on commercial telecommunication facilities except for signage providing ownership identification and emergency information. No more than two signs shall be permitted. Such signs shall be limited to 1.5 square feet in area and shall be posted no higher than ten feet above grade. 4) When lighting is required on commercial t~lecommunication facility towers, dual lighting shall be utilized which provides daytime white strobe lighting and nighttime red pulsating lighting, uqless otherwise mandated by the Federal Aviation Administration or the Federal Communications Commission. Strobe lighting shall be shielded from ground view to mitigate illumination to neighboring properties. Equipment buildings and other accessory structures operated in conjunction with commercial telecommunication facility towers shall utilize infrared lighting and motion detector lighting to prevent continuous illumination. Ii I! " !i II I 267 I 5) Commercial telecommunication facilities shall be constructed with materials of a galvanized finish or painted a non-contrasting blue or gray unless otherwise mandated by the Federal Aviation Administration or the Federal Communications Commission. 6) Commercial telecommunication facilities shall be adequately enclosed to prevent access by persons other than employees of the service provider. Appropriate landscaping and opaque screening shall be provided to ensure that equipment buildings and other accessory structures are not visible from adjoining properties, roads, or other right-of-ways. This ordinance shall be in effect on the date of adoption. PUBLIC HEARING - 1997-1998 CAPITAL IMPROVEMENTS PLAN (CIP) FOR FREDERICK COUNTY - APPROVED AS AMENDED Mr. Eric Lawrence, planner IT, presented this plan to the Board, noting that this is an advisory document that will let the Board know what the various departments are requesting project wise. The current plan has twenty-two projects for a total cost of approximately $83 million over the next five years, and this does include estimated debt service on school projects. Of the twenty-two projects four of them are new, two elementary schools one high school, and a skate board park. Mr. Lawrence further stated in the budget resolution that was approved earlier at this meeting there was construction of a new elementary school included, and this will have a definite affect on this report in addition to the cost figure given for this project. Of the $83 million dollars in total cost, $10,000,000 of that will be received through State and Federal grants. Mr. Shickle asked if the Back Creek Elementary School and the third county high school were the only items that have changed since this document was drafted? Mr. Lawrence replied that was correct. Mr. Shickle asked ifit would be possible for the Board to prioritize this list in order that these two additions could be approved as the approved budget has indicated. Mr. Lawrence explained that inasmuch as the Back Creek funding has been approved it could be moved to the top, or eliminated, and add to next years budget if there is going to be additional funding. Mr. Shickle stated that he would like to fix it, but he was not sure how it needed to be done. Mr. Sager stated that it actually would not have to appear on the list at all. Mr. Lawrence replied that was correct, as this was a planning document as well as an advisory I I: 268 document. Mr. Orndoff stated that he hoped there were a number of projects on the list that would not be necessary to be done at all. There was no public input. Mr. Sager moved and Mr. Smith seconded that the Proposed 1997-98 Capital Improvements Plan be 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 Mr. Smith questioned on page seventeen of the plan, priority #13 - Skate Board Park. He feels the Board could be opening the county up for a liability like the county has never seen before. He feels the Board would be taking a lot upon themselves on county property if this were approved. Mr. Longerbeam stated that he would probably have some of the same concerns; however, according to the report this is not scheduled until the year 2001 and it will probably be less a fad by that time. Mr. Shickle stated that he would like to have had item #9 removed as part of the motion. Mr. Sager stated that he would amend his motion to include the removal of item #9 - School in Back Creek. Mr. Smith seconded the amended 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 End of Planning Commission Public Hearing Items. MASTER DEVELOPMENT PLAN #001-97 OF DOMINION KNOLLS - APPROVED This property is located on the Southwest comer of Fort Collier Road (Route 1322) and Baker Lane (Route 1200) and located in the Stonewall Magisterial District, this is a revised plan that was approved by the county in 1987. 269 Mr. Evan Wyatt, assistant planning director, presented this request to the Board, noting that the planning commission recommended approval as amended. Mr. Shiclde asked which elementary school district is this development located in? Mr. Malcolm replied Red Bud. Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., Master Development Plan #001-97 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. Shiclde - Aye Charles W. Orndoff, Sr. - Aye End of Planning Commission Business. COMMITTEE REPORTS PARKS AND RECREA nON COMMISSION - MEETING OF FEBRUARY 18. 1997- APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on February 18, 1997. Members present were Robert Roper, Robert Hartman, Timothy Hockman, Steven Spitzer, Jane Vickers, and Margaret Douglas. The following was submitted for the boards information only: 1. Donation of Miniature Golf Course Mr. Hartman moved to table action on this item until the next meeting, seconded by Mr. Hockman, carried unanimously. PARKS AND RECREA nON COMMISSION - MEETING OF FEBRUARY 20. 1997 The Parks and Recreation Commission held a special meeting on February 20, 1997, at Kingdom Farm Animal Hospital and Clearbrook Park. Members present were: Robert Roper, Robert Hartman, Charles Sandy, Steven Spitzer, Jane Vickers, and Margaret Douglas. The following item was submitted for the boards information only: 1. Donation of Miniature Golf Course Mr. Sandy moved to remove the motion from the table (February 18, 1997 meeting), seconded by Mr. Hartman. The chairman called for a vote on the original motion to accept the donation of a miniature golf course. By a show of hands, the motion was defeated 5-0. PUBLIC WORKS COMMITTEE Mr. Orndoff presented this report to the Board. The Public Works Committee met on Tuesday, March 25, 1997, at 7:30 a.m. Present were .2,0 board members Charles W. Orndoff, Sf. and W. Harrington Smith, Jr., committee members Tom Offutt, George Ludwig and Tun Wilson; County Administrator, John R. Riley, Jr., Landfill Manager, Steve Frye, Engineering Technician, Joe Wilder, Shawneeland Sanitary District Manager, David Burleson and Director of Public Works, Harvey E. Strawsnyder, Jr., P.E. The following items were discussed and required the boards action: 1. Shawneeland Transfer Requests - Approved The Shawneeland Sanitary District Manager, Dave Burleson, requested transfers in the amount of $16,950 (five separate requests) within their current budget. These requests had previously been forwarded to the Finance Committee for their action. However, the Finance Committee recommended that they be reviewed by the Public Works Committee and forwarded directly to the board for their action (see Attachment 1). Mr. Burleson presented each request and described the reason for each transfer. These requests had previously been reviewed and approved by the Shawnee-Land Sanitary District Advisory Committee. This fact was confirmed by George Ludwig who currently serves as the chairman of that committee. A motion was made by George Ludwig and seconded by Tom Offutt to approve the transfers as presented by Dave Burleson. The motion was unanimously approved by the committee. These will be internal transfers with no change to the total budget amount. 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, Sf. - Aye 2. Landfill A2reement - Approved The Director of Public Works presented the proposed landfill agreement and highlighted the items that have been rejected by the City of Winchester. John Riley presented a brief history of our negotiation with the city concerning the landfill agreement. In this presentation, he summarized the main points of contention. After discussing this issue at length, a motion was made by Jim Wilson and Jim Vickers to adopt the language included in alternative number one under section seven. Basically, this alternative defines the landfill committee as an advisory group only and provides the following representation: three from the City of Winchester, three from Frederick County and one from Clarke County. The motion was unanimously endorsed for submittal to the board for their action. The board had previously endorsed this same language prior to modification by the City of Winchester (see Attachment 2 and 2a). Upon motion made by Charles W. Orndoff, Sf., seconded by W. Harrington Smith, Jr., the landfill agreement was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye 2,1 Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 3. Road Si2n Contracts - Approved Because of problems related to manufacturing signs in a timely manner, the Public Works Department solicited new proposals for the manufacture and installation of road signs. These requests for proposals were advertised separately resulting in eight (8) responses related to manufacturing signs and two (2) proposals to install the signs. The results of the sign manufacturing proposals are tabulated in the attached memorandum from Joe Wilder dated March 19, 1997 (see Attachment 3). Based on a comparison of the proposals, we are recommending that Winchester Business Services - A Sign Place be selected to provide signs for our road maintenance program. A motion was made by George Ludwig and seconded by Tom Offutt to approve the selection of Winchester Business Services - A Sign Place and award a contract accordingly. This motion was unanimously approved. Because the response to the installation of the signs was very poor, the Public Works Director requested that their department be given the authority to solicit proposals from individuals interested in installing the signs on a part-time basis. The committee agreed with this approach. Therefore, the Public Works Department will attempt to solicit proposals from an individual or individuals interested in providing this service on a timely basis. 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 4. Bondin2 for Land Disturbance Permits - Approved The Director of Public Works presented proposed revisions or alternatives to the erosion and sediment control ordinances. In addition, a unit price list of erosion and sediment control measures was presented for the purpose of bonding land disturbance permits. The idea of bonding the erosion and sediment control measures was not considered a satisfactory approach to enforcement. Therefore, the Public Works Department will continue their practice of issuing stop work orders when the site work contractors fail to address erosion and sediment control issues (see Attachment 4). After reviewing the proposed changes to our current erosion and sediment control ordinance and comparing these to the new abbreviated version developed by the Department of Conservation and Recreation, the committee decided to adopt the new abbreviated version. A motion was made by W. Harrington Smith, Jr. and seconded by George Ludwig to adopt the abbreviated version. This motion was unanimously approved. 5. Reauest to Make Hav on County Property at Lakeside - Approved to Go Out to Bid The Public Works Department recently received a request from David Whitacre to cut hay on the county owned property at Lakeside. A motion was made by W. Harrington Smith, Jr. and seconded by Tom Offutt to approve this 272 request. The motion was unanimously approved. Mr. Orndoff explained that it is necessary for this to go out to bid. Upon motion made by Charles W. Orndoff, Sr., seconded by Richard C. Shickle the request to cut hay on the Lakeside Property will go out to bid. 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 6. Rabies Clinic - Aooroved The animal shelter has requested to continue their practice of sponsoring two rabies clinics per year. This request needs to be submitted to Dr. Khodr, Director of the Lord Fairfax Health Department. A sample letter is attached (see Attachment 5). A motion was made by Tom Offutt and seconded by George Ludwig to approve the request and submit it to the board for their review and approval. The motion was unanimously approved. Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., the request to sponsor two rabies clinics 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 submitted to the board for information only: 1. Develooment of Office Soace for the Commonwealth Attornevs Office A request was made by the Commonwealth Attorney for additional office space. This request was submitted to the Public Works Committee via the Finance Committee. Basically, the Finance Committee had tasked the Director of Public Works with the responsibility for developing a ten (10) year space allocation scheme for the Commonwealth Attorneys office and determining budget estimates for this space. The attached tabulation highlights the space requirement projections for the Commonwealth Attorneys office. The resulting total gross area was 4,860 square feet (see Attachment 6). Discussions with Shockeys, Inc. representatives indicate that unit costs associated with developing this space could range from $38 to $40 per square foot. Approximately $3 to $4 of this range would be design costs. There are basically two options associated with the design and construction ofthe proposed office space which will be located on the second floor of the new county office building. The first option is to negotiate with Shockeys Inc. under a change order to their current contract which has not been closed out. Under this option we would elect to pursue a two-phased approach. The first 273 phase would be the design of the new space. Costs associated with this phase would be in the range of$3 to $4 per foot. The design would then be used as a basis for pricing the construction cost. In each phase, the costs would be negotiated. The advantages of negotiating a contract change order with Shockeys, Inc. would include a timely construction schedule, and a possible cost savings. It is anticipated that this option would allow an occupancy date on or about September 30, 1997. The second option would follow the normal procurement procedure of advertising and selecting an architectural firm; preparing bid documents, and advertising and selecting a contractor by the bidding process. Even though this option could possibly result in a lower cost, the process from start to finish could approach 12 months or longer. Also, the construction activities by another contractor may void Shockeys, Inc.' s warranty for a portion of the building. After weighing the options, the committee recommended that we approach Shockeys, Inc. concerning the development of the second floor as office space for the Commonwealth Attorney. The committee further recommended that we pursue a two-phased approach with the latter phase based on the initial design of the office space. In this manner the board of supervisors will have the prerogative of approving each phase separately. For budget purposes, the committee recommended that the range of$38 - $40 per square foot be used as a maximum amount. Mr. Strawsnyder reported that he is waiting to receive the final report from Shockeys. 4. Miscellaneous Reports a. Animal Shelter Report- Dogs (see Attachment 7); b. Animal Shelter Report - Cats (see Attachment 8); c. Tonnage Report (see Attachment 9); and d. Recycling Report (see Attachment 10). COUNTY EMERGENCY COMMUNICA nONS COMMISSION REPORT - RECEIVED AS INFORMATION Mr. Sager presented this report to the Board. The Frederick County Communications Committee met on March 21, 1997, and was called to order at 4:20 p.m.. by Mr. Robert Sager. Present this date were Mr. Robert Sager, Sheriff Bob Williamson, Mr. Thomas W. Owens, Mr. Frank Spurr, Mr. Perry Silva, and members of the media. This meeting will include items from Mr. Owens agenda and agenda items referenced in Mr. Frank Spurr's letter dated March 16, 1997. Both of which are attached. No items were added to the agenda. Committee Oreanization Sheriff Williamson made a motion that Mr. Robert Sager be elected Chairman to chair this committee. Mr. Perry Silva seconded the motion. There was no discussion and all were in favor of said motion. Mr. Perry Silva made a motion that Sheriff Williamson be elected Vice-Chairman. Mr. Frank Spurr second that motion. There was no discussion and all were in favor of said motion. Fire and Rescue are to provide staff support to this committee. Judy Combs who is the administrative assistant for the Fire and Rescue Department will be attending for the purpose of minutes and the development of the committee report which will be required to go to the Board of Supervisors. No motion is needed for this appointment. There was a brief discussion on meeting dates. This committee would like to get moving to make up time and get back on schedule. Committee decided it will be meeting ever two weeks initially and then not as often later on. A lot of work to be done right now and decisions to be made. I Ii 274 Next meeting will be March 28th at 4:00 p.m. in the Board Executive Session Room. This will set a precedence with meetings being every two weeks thereafter. (Aprilllth & 25th, etc.) Chairman Longerbeam asked if the City of Winchester had been contacted. Mr. Sager replied they had been contacted by letter as well as a verbal invitation; however, their reply was they are not prepared at this time to any commitment. Mr. Shickle asked who was the "Chair" of the committee doing the interviews? Mr. Sager replied, Sheriff Williamson. Communications Directors Position Applications have been received and reviewed by Chairman Sager, Tom Owens, and Sheriff Williamson. Mr. Silva and Mr. Spurr will be reviewing these in the near future. SheriffWlIliamson made a motion that Mr. Tom Owens, Director of Fire and Rescue, himself, as Chair, and a committee member as citizen representative, and Ms. Kelican, or a representative of the Personnel Department be appointed to the Selection Committee. There was discussion on the committee representative and thru mutual agreement and schedule availability, Mr. Frank Spurr will serve on the committee. Everyone will always be informed. Mr. Perry Silva seconded the motion and there was no further discussion. All were in favor of this motion. Selection Committee Representatives - Sheriff Bob Williamson Mr. Thomas Owens Mr. Frank Spurr Ms. Ann Kelican Computer Aided Dispatch Update of what is happening with CAD was given by Tom Owens. Vendor demonstrations were given for CAD systems and the RFP did go out and two responses were received. Only one was considered responsive to the RFP, the other was hardware only no software. There is a firm bid in hand that addresses CAD needs for City and County Fire and Rescue and Law Enforcement. Site visits have been made to view the vendors product. Locally, we have head a good experience with AMT, Applied Micro Technology, as a vendor. The proposal was for one system for both jurisdictions. There was lengthy discussion on the CAD system and how we would go on line with the City jointly and then expand it for our needs later on. We must stay in touch with the City because of the close working relationship that exists. The grant will expire on June 30, 1997. Contract has to be signed by this date. Staff needs direction to get back with the City staff so that we can mutually proceed to tie up the loose ends and get authorization for purchase of the CAD components so that we can move forward so not to jeopardize any ofthe grant monies currently available. Sheriff Williamson made a motion to advise the committee to move forward on the CAD proposal. Mr. Perry Silva seconded this motion. Mr. Owens and Sheriff Williamson will provide the guidance for their moving forward on this project. There was no further discussion and the motion carried unanimously. Communications Center Construction It was discussed and decided that there would not be a need or requirement for any more or less space whether it be a County or joint facility. It is necessary at this point to get an architect in to determine what is feasible and what is not as far as space requirements. It is important also at this point to get organized and look at what is needed to be done first and so on. There was various r~-- I' II I I Ii ii 11275 discussions on layout and structure of the facility. Some professional advice is needed at this point. It was felt by the committee that the layout should be reviewed in more detail. Mr. Spurr, Sheriff Williamson, and Tom are to get together within the next two weeks to look at space utilization in basement. Communications Eauioment It was decided that the committee is not ready for discussion on the communication equipment at this point. There was discussion on Bell Atlantic and signing a contract as soon as possible. Our database is in very good shape and we have been told that 6 months is the minimum turn around time from the signing of a contract. Committee would like Bell Atlantic to be at one of the next two meetings and be prepared to present a proposal to the committee. Mr. Owens will contact Bell Atlantic reference attending meeting and also obtain clarification from Mr. Riley as to Bell Atlantic being a sole source. The proposal and clarification will be sent to Mr. Ambrogi for review. Name of Committee & Bv-Laws There was some discussion on a name, such as a board, commission, or committee. What can be used, what was the boards preference? The Board approved it as the Frederick County Communications Committee. Chairman Sager asked that Mr. Perry Silva, Sheriff Williamson, and Mr. Frank Spurr use the joint by-laws as a basis to develop by-laws for the County Committee, to title the Communications Committee and facility, and to incorporate a mission statement also. Any and all information presented and approved by this committee will be presented to the Board for their approval. Prooosed Course of Action '" Hire Director '" Space & Design Layout '" CAD & making the purchase It was felt by the committee that deadlines should be set but it is still a little early to do this. Mr. Spurr will deal with FCC (Federal Communications Commission). The committee will continue to look at our resources and draw others in for input. The committee needs to get the long range projects going and work on the short range ones at the same time. There are some time sensitive issues that will need to be addressed. Al!"enda Items - March 28. 1997 '" Bell Atlantic's Presentation '" CAD Update - Joey Henry '" Mr. Strawsnyder (layout & design - RFP) '" Report from Selection Committee Sheriff Williamson made a motion to adjourn the meeting which was seconded by Mr. Perry Silva. The meeting of the Frederick County Communications Committee was adjourned at 5:25 p.m. this date. End of Committee Reports. DEPARTMENTAL ANNUAL WORK PROGRAMS - APPROVED UNDER CONSENT AGENDA BOARD OF SUPERVISORS COMMENTS I II 276 Mrs. Douglas expressed concern about the vandalism through out the county with regard to the street/road signs, and asked what could be done to stop this. Mr. Strawsnyder responded that this expense runs about $30,000 per year. He explained there is a new technique which is being used in erecting the signs, which has helped; however, the problem is still there. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. ames L. Longerbeam Chairman, Board of Supervisors