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April 23, 1997 Regular Meeting II il 277 A Regular Meeting of the Frederick County Board of Supervisors was held on April 23, 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 Ewart H. Wyle, Jr. ofthe First Christian Church. ADOPTION OF AGENDA Mr. Riley stated that he had no additions or amendments. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the agenda was adopted 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 CONSENT AGENDA Mr. Riley suggested the following tabs for approval under the consent agenda: 1. Writ of Special Election - Clerk of the Circuit Court - Tab D; 2. Resolutions Re: Shawnee-Land - Deeds of Real Estate - Tab F. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above tabs were approved under the consent agenda 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 (#026-97) IN HONOR OF GEORGE B. WHITACRE - APPROVED Mr. Riley read the following resolution in memory of the late George B. Whitacre: WHEREAS, George B. Whitacre was a prominent figure in Frederick County local government as Clerk and Deputy Clerk for the Circuit Court of Frederick County since 1952; . ! 278 WHEREAS, as Circuit Court Clerk Mr. Whitacre served the public beyond the requirements of office by treating the public with the utmost dignity and respect; WHEREAS, Mr. Whitacre was extremely active in this community not only in local government but as a leader in the agribusiness community; WHEREAS, as a member of the community many civic organizations were the benefactor of his generosity; WHEREAS, Mr. Whitacre was the true Virginia Gentleman; NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors hereby expresses its sorrow over the loss of George B. Whitacre to the community and further expresses its appreciation to his family for his devotion and extensive contribution to the community; and BE IT FURTHER RESOLVED, that a true copy of this resolution be delivered to the family of George B. Whitacre and this resolution be spread across the pages of the Board of Supervisors minutes to be preserved now and for all future citizens of Frederick County to reflect on the accomplishments and remarkable service record of this fine citizen of the Frederick County community. Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, 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 CITIZEN COMMENTS Mr. Bruce Armstrong, resident of Back Creek District, once again appeared before the Board with reference to Laurel Grove Road being paved. He appeared before the Board in November and has been working very hard since that time to see that improvements are made to this road. He explained to the Board that a proposal will be presented to them later in the meeting that an awful lot oftime and effort has gone into, not only by the residents living on Laurel Grove Road, but also by the planning staff especially Evan Wyatt. He asked the Board to consider all the information in this proposal before they vote on it. He spoke of the Road Improvement System currently in place and feels it is past time for this plan be reworked. MINUTES OF REGULAR MEETING - FEBRUARY 26.1997 (TABLED FROM MARCH 12 BOARD MEETING) - APPROVED AS AMENDED Upon motion made by Richard C. Shickle, seconded by Robert M. Sager, the minutes of the regular meeting of February 26, 1997 were approved as amended, (budget worksession). by the I 1279 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 REGULAR MEETING - MARCH 26. 1997 - APPROVED Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the minutes of the regular meeting of March 26, 1997 were approved as presented by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye BUDGET WORKSESSION - MARCH 31. 1997 - APPROVED AS AMENDED Mr. Orndoff noted that on page 10, the vote on a reduction of the real estate tax rate by 5 cents should read that he voted Nay. Upon motion made by Richard C. Shickle, seconded by Robert M. Sager, the minutes of March 31, 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 COMMITTEE APPOINTMENTS JOHN R. RILEY. JR.. REAPPOINTED TO OLD DOMINION A.S.A.P. POLICY BOARD Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, John R. Riley, Jr., was reappointed to the Old Dominion ASAP. Policy Board for a three year term. This term will begin on July 1, 1997 and expire on June 30, 2000. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye 280 Richard C. Shiclde - Aye Charles W. Orndoff, Sr. - Aye ROGER L. THOMAS. REAPPOINTED TO PLANNING COMMISSION FROM OPEOUON DISTRICT Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., Roger L. Thomas was reappointed to the planning commission for a four year term. This term will begin on June 14, 1997 and expire on June 14,2001. 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. Shiclde - Aye Charles W. Orndoff, Sr. - Aye RESOLUTION (#029-97) - WRIT OF SPECIAL ELECTION - CLERK OF THE CIRCUIT COURT - APPROVED UNDER CONSENT AGENDA The Board of Supervisors for the County of Frederick, Virginia, at its regularly scheduled meeting held on April 23, 1997, on motion of Charles W. Orndoff, Sr., duly seconded by Robert M. Sager, and on the votes hereinafter recorded, do hereby resolve that the County Attorney, Lawrence R. Ambrogi, on behalf of the Board of Supervisors, shall petition the Circuit Court of Frederick County to issue a Writ of Election to fill the vacancy in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, for the remainder of the term of the Honorable George B. Whitacre, who died April 9, 1997. REOUEST FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION - RE: MOBIL CHEMICAL COMPANY INDUSTRIAL ACCESS PROJECT - REOUEST FOR FUNDING OF $3.500.00 FROM THE COUNTY - FUNDS TO BE TRANSFERRED FROM ROUTE 656 PROJECT - TABLED Mr. Riley requested that this request be tabled, pending further discussion with VDOT. The Board concurred. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the above request, as presented by VDOT, is hereby tabled awaiting further discussion with VDOT. RESOLUTION (#028-97) AUTHORIZING JOHN R. RILEY. JR.. COUNTY ADMINISTRA TOR. TO EXECUTE DEED FROM HOME AND LOT OWNERS ASSOCIA TION OF SHAWNEE-LAND. INC.. TO THE SHAWNEE-LAND SANITARY DISTRICT OF FREDERICK COUNTY. VIRGINIA - APPROVED UNDER CONSENT AGENDA WHEREAS, the HOME AND LOT OWNERS ASSOCIATION OF SHAWNEE-LAND, INC., obtained real estate by deed of John G. Leake, Bankruptcy Trustee of the Estate ofMarjec. Inc., dated December 30, 1986, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 635, at Page 667; and, WHEREAS, the said HOME AND LOT OWNERS ASSOCIATION OF SHA WNEE- LAND, INC., purported to convey certain of the aforesaid realty to the COUNTY OF I I 281 FREDERICK, VIRGINIA, by two (2) certain deeds, one dated August 5, 1987, of record in the aforesaid Clerks Office inDeed Book 657, at Page 109, and the other dated May 3, 1987, of record in the aforesaid Clerks Office in Deed Book 685, at Page 411; and WHEREAS, neither of such deeds of conveyance was accepted by the County of Frederick, Virginia, NOW, THEREFORE, WITNESSETH, that on motion duly made by W. Harrington Smith, Jr., seconded by Robert M. Sager, and on the votes as hereafter recorded, it is hereby RESOL YED that John R Riley, Jr., County Administrator, is hereby authorized to execute on behalf of the County of Frederick, Virginia, that deed from the HOME AND LOT OWNERS ASSOCIATION OF SHAWNEE-LAND, INC., Grantor, to the SHAWNEE-LAND SANITARY DISTRICT OF FREDERICK COUNTY, VIRGINIA, Grantee, conveying the same property purportedly conveyed to the County of Frederick, Vrrginia, by the two (2) aforesaid deeds, acknowledging that the County of Frederick, Virginia, has no interest in or to the property thereby conveyed. RESOLUTION (#027-97) - DAVID BURLESON AUTHORIZED TO EXECUTE. ON BEHALF OF SANITARY DISTRICT. CERTAIN DEED FROM THE HOME AND LOT OWNERS ASSOCIATION OF SHAWNEE-LAND. INC. - APPROVED UNDER CONSENT AGENDA On motion duly made by W. Harrington Smith, Jr., seconded by Robert M. Sager, and upon the votes hereafter recorded, the Board of Supervisors of the County of Frederick, Virginia, as the governing body of the SHAWNEE-LAND SANITARY DISTRICT OF FREDERICK COUNTY, VIRGINIA, hereby RESOL YES that David Burleson is authorized to execute on behalf of the aforesaid sanitary district that certain deed from the HOME AND LOT OWNERS ASSOCIATION OF SHAWNEE-LAND, INC., to such sanitary district, conveying that certain real estate previously purportedly conveyed to the County of Frederick, Virginia, by deeds of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, at Deed Book 657, at Page 109, and at Deed Book 685, at Page 411, and to accept same on behalf of such sanitary district. PLANNING COMMISSION BUSINESS: SECONDARY ROAD IMPROVEMENT PLAN RATING SYSTEM - APPROVED FOR PUBLIC HEARING Planning and Development Deputy Director Evan A. Wyatt presented to the Board a proposed rating system (on file in the Planning and Development Office) for secondary road improvements and a copy of the 1997-1998 Secondary Road Improvement Plan (on file in the Planning and Development Office). This plan was developed to provide a mechanism to rate and document hard surface improvement requests and major improvement requests. The rating system will establish specific categories for each improvement, assign a weight for each category, and utilize a multiplier based on the various criteria for each category. Request will be rated by Transportation Committee members, representatives of VDOT, and the county planning staff. Projects with the highest rating will be incorporated into the Secondary Road Improvement Plan as permitted by funding. The remaining projects will be placed on an unscheduled plan in order of rating and will be reevaluated for placement on the plan when funding is available. The Planning Commission in the I 282 their of meeting of April 16, 1997, recommended approval with the following criteria: (1) The rating system policy will be implemented as a pilot project for a period of two years and evaluated at that time to determine if modifications should be made or if the policy should be eliminated. (2) The rating system policy will be applied to all roads under the Major Improvement Category without an advertisement date due to substantial funding investments. (3) The rating system policy will be applied to all roads under the Hard Surface Improvement Category except for Route 701 due to complete funding of that improvement and the lack of investment into the subsequent projects. (4) Provisions will be made for funding projects within the towns if the rating system policy creates a disparity once applied. Mr. Sager asked if this plan has been applied to any of the current roads to see what the impact might be? Mr. Wyatt replied no. Mr. Tierney, planning director, suggested that perhaps staff should first rate some of the roads, based on the criteria that has been established, to see what happens. Mr. Longerbeam explained that the more houses you have, the more children you have and with more children comes the need for more school buses. He feels the thing that is going to drive this train is houses. Mr. Smith moved, and Mr. Orndoff seconded that this plan be scheduled for public hearing. Mr. Shickle asked for clarification between what the Transportation Committee and the Planning Commission recommended. Mr. Wyatt explained that the recommendations are pretty much the same, with the difference being what the Planning Commission recommended for the Hard Surface Category - that this plan apply only to two through twenty-eight instead of five through twenty-eight. Mr. ShickIe asked if the motion on the floor was to endorse what the Planning Commission had recommended? Mr. Longerbeam replied yes, and he would like to see Mr. Tierney's proposal with regard to the criteria, discussed earlier, be applied to existing roads in order to see what the impact is going to be. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye 1283 Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye JOINT STEPHENS CITY /FREDERICK COUNTY PLANNING COMMITTEE - RECEIVED AS INFORMATION The Joint Planning Committee held their second meeting on Tuesday, April 15, in the Stephens City Town Hall. All members were present. It was decided that the regular meeting date would be switched to the fourth Tuesday of the month at 5:00 in the Town Hall. This change was due to conflict in schedules with one of the members. The group discussed boundary line adjustments and the sensitivity of areas around the Town to groundwater contamination. It was decided that the county planning staff would develop information on ownership, acreage, and the tax and revenue implications for the parcel within the areas proposed for boundary adjustment. We will also be producing some computer-generated mapping to assist in the discussion and analysis of the issues. Additionally, I will put together a very preliminary land use proposal with some very general land use designations for areas around the Town. This is really just a means of initiating some discussion by giving the members of the Committee something to react to. If any board members would like to discuss boundary adjustments, land use in the area or any other related issues, I would welcome the input. End of Planning Commission Business. COMMITTEE REPORTS: FREDERICK COUNTY EMERGENCY COMMUNICATIONS COMMISSION- STANDARDS OF OPERATION APPROVED AS PRESENTED The Frederick County Emergency Communications Commission met on Friday, March 28, 1997, at 4:00 p.m. Present were board member Robert Sager, committee members Perry Silva, Frank Spurr, Director of Fire and Rescue, Thomas W. Owens, Sheriff Robert Williamson. The following items were discussed and submitted for the boards information only: 1. Committee On!:anization After much research and discussion, a motion was made by Frank Spurr and seconded by Perry Silva to name this committee the Frederick County Emergency Communications Commission. This motion was unanimously approved. A proposed copy of a Mission Statement which included Standards of Operations for the Frederick County Emergency Communications Commission was reviewed and revised. A motion was made by Frank Spurr to accept the revised Mission Statement which included the Standards of Operations of the Frederick County Emergency Communications Commission. Perry Silva seconded this motion. This motion was unanimously approved and a copy of same is attached (see Attachment 1). A committee, consisting of Perry Silva, Sheriff Williamson, and Frank Spurr, was selected to review and edit the Joint Communications Committee By-laws. This committee will edit out the joint function to reflect the role of this commission. A lot of thought and time were placed into the joint by-laws. The by-laws will be carried over to the April 11, 1997 meeting with an update to be given at that time. 2. Communications Director 284 Applications were reviewed and reduced to a total of eight (8) by the Selection Committee on March 27th, 1997. These applicants have been sent a background information packet for their completion and signature. This check wiIl be used to obtain further information beyond what a resume would provide. The selection committee has not set another meeting date as of yet. 3. Computer Aided Dispatch System RFP has been out and bids received and the field is down to a single vendor that is under final analysis. Research is underway on the vendor and centers on current users of their CAD product. Next CAD meetingwiIl be on Tuesday, April 1, 1997 at 1:00 p.m. The vendor will be in attendance. This wiIl allow for us to close the loop on some issues that have been raised. After this meeting, we may be in a position to make a recommendation to award a contract. This will need to go before the Finance Committee. 4. Communications Center Construction Tom Owens, Sheriff Williamson, and Frank Spurr will meet on March 31 to discuss the centers layout. Mr. Strawsnyder expressed his wiIlingness to assist with an RFP whenever the Commission is ready. It is strongly felt that the Directors input is needed for the design and layout of the center. 5. E-911 System Bell Atlantic will be giving a presentation to the Communications Commission during a special meeting to be held on April 16, 1997 in the First Floor Conference Room. FINANCE COMMITTEE REPORT The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, April 16, 1997 at 8:00 a.m. Committee member Nicholas J. Nerangis was not present. The following items were discussed and presented to the board and required action: 1. The Finance Director Reviewed the Monthlv Financial Reports for Month Endin!! February 28. 1997 See attached memo, p. 1-3. 2. The Public Works Director Reauests a General Fund Supplemental Appropriation in the Amount of $1.800 - Approved This amount is needed to purchase additional code books for resale. The demand for these books has been high and the department expects additional sales. No additional local funds are needed. See attached memo, p. 4-5. The committee recommends approval. Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shickle, the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 3. The Public Works Director Reauests a General Fund Supplemental 'I Ii I 285 Aoorooriation in the Amount of $14.246 - Aooroved This amount is needed to complete the design phase of the office space for the Commonwealth Attorney. This request comes as a result ofa review of the office space by the Public Works Committee. Additional local funds are necessary. See attached memo, p. 6-13. The committee recommends approval. Upon motion made by w. Harrington Smith, Jr., seconded by Richard C. Shickle, 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. The Sheriff Reauests a General Fund Suoolemental Aoorooriation in the Amount of $3.300 - Aooroved This amount represents a grant and will be used to purchase needed equipment. No additional local funds are needed. See attached memo, p. 14. The committee recommends approval. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 5. The Fire and Rescue Director Reauests a General Fund Suoolemental Aoorooriation in the Amount of $389.05 - Aooroved This amount represents a Hazardous Materials reimbursement and is requested to be applied to 3505-1005-000-000 Extra Help/Overtime. No additional local funds are needed. See attached memo, p. 15-20. The committee recommends approval. Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shickle, 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 6. The Division of Court Services Director Reauests a Court Services Fund Suoolemental Aoorooriation in the Amount of $5.620 - Aooroved This amount is needed to replenish the food supplies line item. Funds were transferred from 286 the food supplies line item to pay for a new hot water heater and a new gas range. No additional local funds are needed. See attached memo, p. 21. The committee recommends approval. Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, 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 7. The School Board Finance Director ReQuests a School Operatinl! Budl!et Adiustment in the Amount of $24.517 - Approved This amount represents a reimbursement received from the State to fund Summer Youth Employment Program. No additional local funds are needed. See attached memo, p. 22. The committee recommends approval. Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shickle, 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 8. The Finance Director ReQuests Direction on Tril!on Funds Received in the Current Year and Budl!eted by the School Board for the Upcominl! FY 1997-98 Budl!et at Their April 3. 1997 Meetinl! - Tabled See attached memo, p. 23-27. This item was tabled awaiting further information on word interpretation and proper use offunds. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the above request was tabled awaiting further information. 9. The Board of Supervisors Has Referred to the Finance Committee the WilIine:ness to Exonerate $300.000 of Money Owed by the Frederick County Sanitation Authoritv to Frederick County for the Route 50 West Urban Development Sewer Proiect - Tabled See attached memo, p. 28-29. This item has been tabled awaiting answers to questions the finance committee had concerning this development project. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above request was tabled awaiting additional information. Chairman Longerbeam asked Mr. Riley to set up a meeting in order that this matter might be discussed by all concerned parties. !i 281 10. The Finance Committee Approved a General Fund Supplemental Appropriation in the Amount of $4.000 - Approved This amount will be used to replace the engine and tires on the 1991 Ford Explorer previously used by the Fire Marshal. After the repairs, this vehicle will be used by the Commissioner of the Revenues office. See attached letter, p. 30. Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shiclde, the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye The following information was submitted for the boards information only: 1. Concern Hotline. Inc. Is Reauestinl! Reconsideration of Their FY 98 Donation bv the Committee Concern Hotline requested $1,000 from Frederick County which was cut during budget deliberations. Please give direction as to whether this item needs action. See attached memo, p. 31- 32. The committee did not approve this request. 2. Attached Is Information Reauested from the Rel!ional Jail Rel!ardinl! the $16.150 Transfer Approved at the March Finance Committee Meetinl! See attached memo, p. 33. The following information was presented to the board and was a presentation presented to the Finance Committee: Mr. David Rose, with Wheat First Butcher Singer, made a presentation to the Finance Committee on Financial Policy Guidelines. Staff and the Finance Committee will evaluate these guidelines and a presentation will be given to the Board of Supervisors in the near future. BOARD OF SUPERVISORS COMMENTS Mr. Shiclde inquired as to the status of the Financial Policy Guidelines with Wheat First Butcher Singer? Mr. Riley stated that this is in the works and the guidelines will be provided to the Board for their vote. mERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD THIS MEETING IS HEREBY ADJOURNED. I I I 288 am.. 1. Lon... ram ~. Chairman, Board of Supervisors