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July 09, 1997 Regular Meeting I 1323 I JOINT WORKSESSION WITH THE PLANNING COMMISSION RE: ROUTE 37 WEST - PRELIMINARY LAND USE STUDY - JULY 9.1997 BOARD MEMBERS PRESENT: Chairman James. L. Longerbeam; Richard C. Shickle; W. Harrington Smith, Jr.; Charles W. Orndoff, Sr.; Robert M. Sager; and Margaret B. Douglas. PLANNING COMMISSION MEMBERS: George Romine; Blaine Wilson; Marjorie Copenhaver; Wayne Miller; John Light; Roger Thomas; John Marker; and Robert Morris. Mr. Tierney, planning director, explained to the Board that Eric Lawrence, planner II, has been the staff personnel working on this study; therefore he would let him present his findings to the Board and planning commission for their comment. Mr. Smith asked Wendy Jones, engineer-director of the Frederick County Sanitation Authority ifhe was okay with the area of water and sewer? Mr. Jones replied that he was. Mr. Sager had questions concerning the interchange located near the Winchester Medical Center. The question of who would be paying for the interchange was asked. Mr. Orndoff stated that he would like to know exactly what the county would be paying for? Mr. Longerbeam advised that a developer paying for the interchange. Mr. Longerbeam asked about Bob Solenberger's position on the roads that have been discussed. Mr. Lawrence replied that he has not opposed them thus far. Mr. Shickle expressed concern about what is being discussed concerning Route 522 and his position is that this is too much too fast for him. He does however agree with more commercial being planned for Route 50 West. Mr. Wayne Miller addressed the plan and how it refers to the planned development area. He feels the land North of Route 522 should be the area for development rather than what is shown on the plan. Mr. Longerbeam advised that he would be opposed to any plan that would suggest taking water and sewer any further North. Mr. Robert Morris expressed concern about what is being said as what will take place West of Route 37. He feels it should remain as a rural area. 324 Mr. Tierney asked the Board for direction. He asked just how much land they wanted to be in this proposal, as staff needed direction. Mr. Thomas feels that the county's intent needs to be researched. He feels dense development breeds development and for this reason he feels that the surrounding area needs to be left rural. Mr. Longerbeam explained that he does not want the area too large, possibly forty acres connecting back to the DeGrange Property and acreage outside of that would remain as it currently IS. Mr. Shiclde feels that the area near the Livestock Exchange should be the area specified as business. Mr. Shiclde asked Mr. Jones what route was planned for utilities? Mr. Jones replied west side of Route 37. Mr. Shiclde in clarifYing the area asked if the tower is as far as it goes? Mr. Jones replied that is correct. At this point Mr. Tierney summarized what his understanding was as far as what was to be left in and what was to be taken out. He asked that Board what was the next step? Mr. Longerbeam replied, with concurrence of the Board, that the Planning Commission would take one more look at the plan, and then it would come back to the Board for a public hearing. A Regular Meeting of the Frederick County Board of Supervisors was held on July 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. Shiclde; 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 " il 'i II 1325 I Mr. Riley requested the following amendments to the agenda: 1. Memo from Planning Department Re: Public Hearing Items. 2. For Tab T (Code & Ordinance Committee Report) to be heard in conjunction with public hearing on Tab H (Ordinance: Re Fingerprinting Applicants for Concealed Handgun Permit). Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the agenda was adopted as amended by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye CONSENT AGENDA Mr. Riley suggested the following tabs for approval under the consent agenda: 1. Resolution Honoring Will L. Owings - Tab E; 2. Resolution Honoring Raleigh Watson - Tab F; 3. Request from Kenneth and Mary Lebo for an Exception to the Subdivision Ordinance - Tab M; Mr. Longerbeam requested that this tab not be part ofthe consent agenda. 4. Request from Dennis and Jean Settle for an Exception to the Subdivision Ordinance - TabN; 5. Road Name Change and Recommendation - Tab 0 - (Note - number 2 of this report - Acorn Hill Lane was withdrawn). 6. Memorandum Re: Recreational Access Funds for Lake Frederick - Tab Q; 7. Parks and Recreation Commission Report - Tab S. 8. County Emergency Communications Commission - Meetings ofJune 9, and June 20, 1997 - Tab V. 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 326 The following citizens appeared before the Board to express their thoughts on the operation of a Hog Farm that is being proposed by John Stelzl in the Opequon Magisterial District: Wayne Byrne, Woodside Estates, advised that this operation will eventually have 10,000 head of hogs which he feels will create environmental, as well as health problems. There will be runoffs in area streams and the lagoons will leak. Property values will decrease. If there is a spill Mr. Stelzel will be responsible, EP A will not. Beth Baron, Woodside Estates, has seen a similar operation in Pennsylvania. She has spoken with EP A staff. She feels this needs to be looked into further by county officials. David Richey, area resident, supports this request. He has sent a letter to each Board member informing them of his feelings, and further that he is opposed to the hearing scheduled on July 17 as he feels it is not necessary. Matt Fre?? (Not clear) - Explained that no one is against farming; however, their subdivision, Woodside Estates, is opposed to what Purina Mills plans to do in their back yard. He does not feel the laws currently on the books are protecting the small farmer. This operation planned by Purina Mills is a business, a big business that will only benefit Purina Mills. John Van?? (not clear) - Feels this is big business and that the laws addressing this are very slack. Feels this request needs to be examined further and that the Board's final decision should be based on facts and not emotion. Laurie Logue, addressed the danger that exist at the Route 647 and Aylor Road intersection and asked the Board what they planned to do to correct this very dangerous situation. Mr. Smith informed Mrs. Logue that a traffic study was currently being conducted of this location. Mr. Brisco, spoke in favor of Mr. StetzI's request as he feels this is in an agricultural area and he has the right to farm as long as he is in compliance. Sally Nelson, resident of Woodside Estates, having lived in the area for fifteen years. She asked Board to give this request more thought as she does not feel she and her husband, as residents of this area, are being represented by the Board as they should be in this matter. Paul Anderson, area farmer and President of Farm Bureau. Feels it is becoming harder and harder for the farmer to make a living. He feels Mr. Stelzl has given this a lot of thought and 327 consideration before making his final decision. He asked those in attendance to remember the Right to Farm Law that was passed, and further that he does support Mr. Stelzl and his request. Carolyn Baker, Woodside Estates, read letter she had received from legislators in Pennsylvania with regard to what has transpired there with other hog farming operations. She is not against farming, but is opposed to this request. She stated that laws are not always correct and feels this operation would be very detrimental in many ways. Shelly Byrne, wife of Wayne Byrne, feels this is developers versus farmer. No one living in this area wants to see farming stopped. Feels community needs to work together on this issue. Basically reiterated what her husband said earlier. Donald W. Luttrell, Gainesboro District, addressed the area planned for the location of the new school in Back Creek District. He asked various questions about the location, water, etc. He feels the site should be close to the area of Relief Church. Pat Pick??? ofWmchester expressed to the Board that she was opposed to the Ordinance that will come before the Board later dealing with fingerprinting applicants for concealed Handgun Permits. Susan Luby Lubehusen, local attorney and resident of Shawnee District, asked the Board of Supervisors to conduct an independent audit of the county school board by a new and disinterested firm. She further requested the Frederick County Commonwealth's Attorney Lawrence R. Ambrogi, along with the Board, scrutinize the independent audit and that it be released to the public at a special open session of the Board to receive public comment. Mrs. Luebehusen said she made the request given that concerned citizens have taken the time to express their long standing doubts over School Board financial accountability in many areas. MINUTES OF REGULAR MEETING - JUNE 10. 1997 - APPROVED Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the minutes of the regular meeting ofJune 10, 1997 were approved as submitted by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye MINUTES OF SPECIAL MEETING - JUNE 24. 1997 - APPROVED 328 Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., the minutes of the special meeting of June 24, 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 COMMITTEE APPOINTMENTS Chairman Longerbeam requested that the vacancy under Chapter 10 Board be advertised. WINCHESTER REGIONAL AIRPORT AUTHORITY - TABLED DUE TO TIE VOTE Mr. Orndoff nominated 1. Patrick Russell. The vote was as follows: James L. Longerbeam - Nay W. Harrington Smith, Jr. - Nay Margaret B. Douglas - Aye Robert M. Sager - Nay Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye Mr. Smith nominated Robert Hahn. The vote was as follows: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Nay Robert M. Sager - Aye Richard C. Shickle - Nay Charles W. Orndoff, Sr. - Nay Mr. Riley explained that due to a tie vote this would be voted on again at the next meeting and perhaps there would be additional nominees at that time. HANDLEY LmRARY BOARD REOUEST FOR JOINT WORK SESSION - SCHEDULED FOR JULY 23.1997. AT 5:00 P.M. RESOLUTION (#001-97) HONORING WILL L. OWINGS - APPROVED UNDER CONSENT AGENDA WHEREAS, Will L. Owings served as a member of the Frederick County Board of Supervisors from January 1, 1976 to December 31, 1987; and WHEREAS, he did faithfully serve the citizens of Frederick County with dignity, dedication, and wisdom; and WHEREAS, his experience and judgement which was gained by long and faithful service to the county was respected and relied upon by his fellow board members; and WHEREAS, the Frederick County Board of Supervisors, in an effort to honor him, wish to Ii , I I I II I I 329 express its admiration, affection, and deep appreciation to Will L. Owings for his unfailing service to the citizens of Frederick County; and NOW, THEREFORE BE IT FURTHER RESOLVED, that the Frederick County Board of Supervisors hereby expresses its congratulations to Will L. Owings on being named Citizen of the Year by the Middletown Town Council. Resolved this 9th day of July, 1997. RESOLUTION (#002-97) HONORING RALEIGH WATSON - APPROVED UNDER CONSENT AGENDA WHEREAS, Raleigh H. Watson, Jr., served as chairman of the Winchester Regional Airport Authority from July 1, 1987 to June 30, 1997 serving as the representative for Clarke County; and WHEREAS, he possessed the highest devotion to duty as a member of the Airport Authority, and was respected and relied upon by his fellow authority members; and WHEREAS, the airport under Raleigh Watson's leadership was successful in finalizing a number of capital projects; NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors hereby expresses its appreciation to Raleigh H. Watson, Jr., for his years of conscientious service to the Winchester Regional Airport Authority. Resolved this 9th day ofJuly, 1997. REOUEST FROM SHERIFFS DEPARTMENT TO APPROVE GRANT RE: DRUG AND ORGANIZED CRIME INTELLIGENCE UNIT - APPROVED Mr. Riley presented this request to the Board. Sheriff Williamson was present on behalf of his departments request. Mr. Shickle asked Sheriff Williamson should the grant funds not be available in another year would he then make a request that this particular grant be funded by the county. Sheriff Williamson replied most likely he would. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above request by the Sheriff was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. ShicIde - Aye Charles W. Orndoff, Sr. - Aye REOUEST FROM PLANNING AND DEVELOPMENT DIRECTOR FOR PUBLIC HEARING DATE - APPROVED UNDER CONSENT AGENDA The planning department requested August 13, 1997, as the public hearing date for the following four items: 330 1. Conditional Use Permit #009-97 of James K. Powell; 2. Rezoning #002-97 of East gate Commerce Center; 3. Proposed Amendment to Article XVI, IA (Interstate Area) Overlay District; 4. Proposed Rating System for Hard Surface Road Improvement Projects (please note: this item was later pulled as a public hearing item on August 13 as the board felt further study was needed--for more information, see discussions on this item later in these minutes; Following Two Requests Are Not Public Hearing Items: 5. Master Development Plan #005-97 of East gate Commerce Center; 6. Master Development Plan #004-97 of Wood brook Village PUBLIC HEARING ITEMS PUBLIC HEARING - DEED OF EASEMENT - PROPOSED THAT THE FREDERICK COUNTY BOARD OF SUPERVISORS ACCEPT THAT CERTAIN DEED OF EASEMENT FROM THE SCHOOL BOARDS OF FREDERICK COUNTY. CLARKE COUNTY. AND THE CITY OF WINCHESTER FOR DRAINAGE ALONG STATE mGHWAY ROUTE 659 (VALLEY MILL ROAm AS SHOWN ON THE PLAT OF DOVE & ASSOCIATES. DATED APRIL 15. 1997. ATTACHED TO THE AFORESAID DEED OF EASEMENT - CANCELLED PUBLIC HEARING - PROPOSED ORDINANCE TO REOUIRE APPLICATIONS FOR A PERMIT TO CARRY A CONCEALED HANDGUN TO SUBMIT TO FINGERPRINTING FOR THE PURPOSE OF OBTAINING THE APPLICANTS STATE OR NATIONAL CRIMINAL HISTORY RECORD - APPROVED Mr. Riley presented this ordinance amendment to the Board. ORDINANCE FINGERPRINTING APPLICANTS FOR CONCEALED HANDGUN PERMITS WHEREAS, the Board deems it important to the public safety that complete criminal record histories of persons applying for concealed handgun permits pursuant to ~ 18.2-308, Code of Virginia, be provided to the court hearing such applications, and WHEREAS, the Federal Bureau ofInvestigation will not conduct fingerprint comparison for criminal record histories through the national file unless the locality in which the application is made has adopted an ordinance requiring fingerprinting of such applicants. NOW, THEREFORE, BE IT ORDAINED, by the Board of Supervisors of the County of Frederick, Virginia, that the following ordinance is enacted, to wit: The Sheriff's Office shall conduct such background investigation of all individuals making application for a permit to carry a concealed handgun pursuant to the provisions of ~ 18.2-308, Code of Virginia, and the Sheriffs Office shall charge a fee therefor in the maximum amount permitted. In order to determine the applicants suitability for a concealed handgun permit, the applicant shall be fingerprinted. The fingerprints and descriptive information shall be forwarded through the Virginia State Police to the Federal Bureau ofInvestigation for a national criminal history record check. Ii I I The fact that this ordinance amendment was presented and discussed by the Code and Ordinance Committee it was approved under "Adoption of the Agenda" that this committee report be heard at the time the ordinance amendment was presented. Mr. Shickle, Chairman of the Code and Ordinance Committee presented the Code and Ordinance Committee Report at this time. CODE AND ORDINANCE COMMITTEE REPORT The Code and Ordinance Committee met on Tuesday, July 1, 1997, 5:00.P.M., in the First Floor Conference Room of the County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were chairman of the committee Richard C. Shickle, Robert M. Sager, Stephen G. Butler, Michael L Bryan and Patricia F. Scheder. Also present were Major Al Johnson with the Sheriffs Department, Commissioner of the Revenue Ellen E. Murphy, County Attorney Lawrence R. Ambrogi and County Administrator John R. Riley, Jr. The committee submits the following: The following item was discussed and submitted for the boards action: 1. Fine:erprintine: Applicants for Issuance of a Permit to Carry a Concealed Hande:un - Approved Major Alvin Johnson advised the committee that this request will enable local law enforcement officials to conduct a criminal background check through use of fingerprint records on a nationwide basis. Currently, fingerprint data is required and is utilized within the Commonwealth of Virginia, but not within the County ofFrederick. After a lengthy discussion the committee recommended that the ordinance be adopted (see Attachment). Mr. Shickle stated that he has some concerns with this request; therefore, he cannot support it at this time. Mr. Donald Luttrell, Gainesboro District, appeared before the Board to speak in opposition of this request stating that the Second Amendment to the Constitution of the United States gives him this right, and further, that the Supreme Court has stood against local government dictating this type ofIaw, and he feels it is infringing on his rights. Laurie Logue, Shawnee District, has two children that have been fingerprinted for their safety, she does not understand what the big problem is. Bob Williamson, appearing as resident and not the Sheriff. Explained that if someone from another state would apply for a gun permit, in Frederick County, the only background check that can be done, as the law is currently written, is for what has occurred within the State of Virginia. If this ordinance amendment is approved, as presented, it would then allow his department to contact the FBI and State Police to do a national check to see if there is a record on the applicant outside of the State ofVrrginia. The charge for this service is $24 for the FBI and $25 for the Sheriff's Department. II I! I 1331 332 Mr. Shickle replied that this is not what he was told when he spoke with staff in the Commonwealth's Attorney Office. Sheriff Williamson further explained what the new ordinance would entail to Mr. Shickle. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the above ordinance amendment was approved by the following recorded vote: James L. Longerbeam - Nay W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Nay Charles W. Orndoff, Sr. - Aye The following items were discussed and submitted for the boards information only: 1. Discussion of Adoptine: a County Ordinance with Reference to Canine Hvbrids The County Administrator advised the committee that state enabling legislation adopted by the Virginia General Assembly effective July 1, 1997 allows localities to enact local ordinances to allow for adequate confinement, definition of hybrid canines and responsible ownership. The committee discussed the issue and requested that a draft ordinance be provided at the next meeting to include who determines if the dog is in fact a hybrid canine and who enforces same. The committee also requested a copy of the county vicious dog ordinance. (To date, the writer does not believe an ordinance of this nature exists in the Frederick County Code.) 2. Commissioner of the Revenue Presented a List of Issues to be Considered at a Future Committee Meetine: The following is the list of issues to be considered at a future meeting: (1) Changes to the BPOL (Business and Professional Occupational License) to include defined steps for new business registration; (2) Payment procedures and due dates for quarterly payments; ( 3) Increase income threshold limits for tax relief for the elderly; (4) Increase total value of assets owned for tax relief for the elderly and (5) Provide for a more equitable assessment of penalty and late filing fee for late payment of meals tax. Currently the system creates a double penalty up to 20% even if applicant is a day late. There was no other business to be discussed by the committee. The next meeting of the Code and Ordinance Committee will be Tuesday, August 5, at 5:00 P.M. End of Public Hearings. PLANNING COMMISSION BUSINESS PUBLIC HEARINGS: PUBLIC HEARING - CONDITIONAL USE PERMIT #007-97 OF JOHN AND PATRICIA BOWERS TO OPERATE AN ANTIOUE SHOP. THE PROPERTY IS LOCA TED AT 4489 MARTINSBURG PIKE AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 33-A-93 IN THE STONEWALL MAGISTERIAL DISTRICT - APPROVED Mr. Andy Evans, zoning administrator, presented this request to the Board noting that staff and planning commission recommended approval with conditions. II II 333 There was no public input. Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, conditional use permit #007-97 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 - CONDITIONAL USE PERMIT #008-97 OF PETER AND MICHELLE BROGGER FOR A COTTAGE OCCUPATION CATERING BUSINESS. THE PROPERTY IS LOCATED ON LUSITANO LANE IN MARLBORO AND IS IDENTU1ED WITH PROPERTY IDENTIFICATION NUMBER 83-A-19C IN THE BACK CREEK MAGISTERIAL DISTRICT - APPROVED Mr. Evans presented this request to the Board noting that staff and planning commission recommended approval with conditions. There was no public comment. Michelle Brogger appeared before the Board on behalf of her request. Upon motion made by Margaret B. Douglas, seconded by Robert M. Sager, conditional use permit #008-97 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. Shickle - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARING - NO THROUGH TRUCK TRAFFIC ON TASKER ROAD - A REOUEST TO THE COMMONWEALTH TRANSPORTATION BOARD TO CONSIDER RESTRICTING THROUGH TRUCK TRAFFIC ON TASKER ROAD. BETWEEN ITS INTERSECTION WITH ROUTE 37 AND FRONT ROYAL PIKE (ROUTE 522 SOUTH) - APPROVED Mr. Evan Wyatt, assistant planning director, presented this request to the Board along with additional information on why this request was being made. Section 46.2-809 of the Code o/Virginia provides the Commonwealth Transportation Board (CTB) with the authority to restrict through truck access on state maintained roads if a reasonable alternative route is provided. The process requires the local governing body to hold an advertised public hearing and adopt a resolution supporting this action. The Virginia Department of Transportation (VDOT) will advise the Residency to undertake all necessary studies, hold all required 334 hearings, and present their findings to the CTB. Ultimately, the CTB is the final approving authority for this request. Staff has advised the Frederick County Sheriff's office of this request and asked for their position. Captain Williams has advised staff that the Sheriff's office supports this request and would conduct selective enforcement of Tasker Road if it is ultimately posted. Selective enforcement is achieved through the placement of law enforcement personnel on various roads in response to complaints or through the normal monitoring process. The Sheriff's office would receive a list of trucks that were exempt from this policy, and would determine if all other trucks were allowed to utilize Tasker Road by requesting the driver to produce a bill-of-waiting or a signed receipt which states the destination and the payload. Mr. Sager asked if after the Transportation Board acts on this, will it come back to the board of supervisors? Mr. Wyatt advised that it would not. Mr. Smith stated that he felt tractor-trailer traffic is definitely a problem on this road. Mr. Longerbeam feels this is a fine line issue and asked how could it be controlled? Mr. Wyatt explained that this has been discussed with Captain Williams of the Sheriff's Department. Mr. Smith remarked that during previous discussions relating to the Route 642 construction and a decision needed to be made as to which end of Route 642 would be reconstructed first, he stated at that time he wanted the western end of Route 642 reconstructed before the eastern end, and this is one reason why. Mr. Shickle asked if the accidents that have occurred have been truck accidents? Mr. Smith replied no. Mr. Shickle asked if this is approved by this Board and the CTB can it be undone at a later date? Mr. Jerry Copp, resident engineer with VDOT, stated that it could, by resolution of the board of supervisors. Sheriff Bob Williamson addressed the Board advising them that this is a problem and a concern of his department; therefore, he does endorse the resolution before the Board addressing this 335 matter. Judy Whitmer, Frederick Woods Subdivision, Opequon District, addressed the Board at which time she presented a petition bearing 25 signatures of residents in this area that endorse this resolution. She explained how this road is only fifty feet from where her children, along with other neighborhood children, play and is of great concern as this is a very dangerous situation. Cathy Stickler, Hackbeny Road, Lakeside, explained to the Board that the new road is a lot wider and that truck traffic is a problem that really needs to be addressed. Bruce Armstrong, Back Creek, lived in this area at one time so he can relate to what the citizens are saying. He asked if the trucks can be restricted and made to travel back to Route 522? Mr. Sager addressed the fact of the county, in the future, possibly building a library in this area and he does not feel through traffic should be allowed on this road. Mr. Smith moved and Mr. Sager seconded to approve the following resolution (#003-97): WHEREAS, Tasker Road (642) is classified as a collector road designed to handle residential traffic and is not designed or intended to serve heavy truck traffic; and WHEREAS, local residents and county officials are concerned about heavy truck traffic on this road; and WHEREAS, the Frederick County Board has identified alternates exist via Interstate 81, Exit 313, to Front Royal Pike (Route 522 South) and Interstate 81, Exit 307, to Fairfax Pike (Route 277) to its intersection with Front Royal Pike, to accommodate heavy truck traffic safely and efficiently for Tasker Road (Route 642) proposed restrictions; and WHEREAS, in accordance with Section 46.2-809 of the Code of Virginia, the Frederick County Board of Supervisors has conducted a public hearing on July 9, 1997 to obtain public comments on restricting through truck traffic on Tasker Road (Route 642); and WHEREAS, the Frederick County Board of Supervisors will use its good offices for enforcement of the proposed restrictions by the appropriate local law enforcement agency. NOW THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby request that the Commonwealth Transportation Board consider restricting through truck traffic on Tasker Road (Route 642) from the intersection with Route 37 to Front Royal Pike (Route 522 South). Passed this 9th day of July, 1997 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 - AMENDMENT TO ARTICLE X OF CHAPTER 165. ZONING OF THE FREDERICK COUNlY CODE TO PERMIT STONE. CLAY. GLASS. AND CONCRETE PRODUCTS MANUFACTURING IN THE M2 (INDUSTRIAL I I Ii 336 GENERAI~) DISTRICT - APPROVED Mr. Wyatt presented this request to the Board. There was no public input. Upon motion made by Robert M. Sager, seconded by Margaret B. Douglas, the 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 AN ORDINANCE AMENDING THE FREDERICK COUNlY CODE CHAPTER 165, ZONING WHEREAS, an ordinance to amend Chapter 165, Zoning, of the Frederick County Code, Article X, Business and Industrial Zoning Districts, Section 165-82E, M-2, Industrial General District, was referred to the Planning Commission on July 2, 1997; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on July 2, 1997; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on July 9, 1997; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this ordinance to be in the best interest ofthe public health, safety, welfare, and in good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, Article X, Business and Industrial Zoning Districts, Section 165-82E, M-2, Industrial General District, is amended as described on the following attachment: ARTICLE X Business and Industrial Zoning Districts 165-82E. M-2, Industrial General District Allowed Uses (SIC) Stone, Clay, Glass, and Concrete Products, excluding the following: 32 Asbestos Products 3292 This ordinance shall be in effect on the date of adoption. Passed this 9th day ofJuly, 1997. End of Planning Commission Public Hearings. REOUEST FROM KENNETH AND MARY LEBO FOR AN EXCEPTION TO THE SUBDIVISION ORDINANCE - TABLED II 1337 I Mr. Andrew Evans presented this request to the Board and explained that staff recommended approval with the condition that this approval is for one lot only, and any further subdivision shall be subject to all relevant ordinance requirements, and further that the Planning Commission had the same restriction and that this be so noted on the plat for the division ofland. Mr. Longerbeam advised the Board that he had received a letter from Marathon Bank wherein it is stated that Mr. and Mrs. Lebo would have received their loan without this subdivision ofland, and he would like to see this request tabled pending further discussion by the Board once each Board members has had a chance to review the letter from Marathon Bank. Upon motion made by Robert M. Sager, seconded by Richard C. Shickle, the request of Kenneth and Mary Lebo was tabled. The letter received by Chairman Longerbeam, from Marathon Bank, will be mailed to fellow board members. REOUEST FROM DENNIS AND JEAN SETTLE FOR AN EXCEPTION TO THE SUBDIVISION ORDINANCE - APPROVED UNDER CONSENT AGENDA On behalf of Daniel Lee Settle, Dennis and Jean Settle request an exception under the provision of Section 144-5 of the Frederick County Subdivision Ordinance to subdivide a 2+ acre lot from a 32 acre tract ofland and not have to provide a 50 ft. right-of-way as required by Section 144- 31 C (3). The 32 acre tract ofland is served by an existing 30 foot right-of-way from Route 642 (Armel Road). Dennis and his wife would like to subdivide a 2+ acre parcel of land in order to construct a residence. This request has some merit in that additional needed right-of-way cannot be obtained, and Mr. Settle would like for his son to have a place to build a home. ROAD NAME CHANGE - NORTH WOOD DRIVE IN THE SUMMIT - AND RECOMMENDATIONS - APPROVED IN PART UNDER CONSENT AGENDA - NUMBER (2) ACORN HILL LANE WAS WITHDRAWN DISCUSSION OF SECONDARY ROAD IMPROVEMENT PLAN RATING SYSTEM - TABLED - TO BE ON PLACED ON AGENDA FOR AUGUST 13 BOARD MEETING Mr. Wyatt explained that staff working in conjunction with representatives from the Virginia Department of Transportation (VDOT) and the Transportation Committee, has finalized a model run of the referenced system to demonstrate the impact to the current Hard Surface Road Improvement Plan. Five categories were established and assigned a weight which was based on the overall significance of each category. The weights were then applied as multipliers for specific criteria to obtain a system of points for each category. Hard surface road improvement projects were then 338 ranked from the greatest cumulative points to the least. Mr. Wyatt further explained the proposed methodology for applying the proposed rating system, an example rating sheet which depicts the categories, criteria, and weights, and a table demonstrating the impact that this rating system would have on the current Hard Surface Road Improvement Plan. Mr. Wyatt, by way of a map, explained to the Board the twenty-seven roads currently listed in this plan, and where they rank using this new rating system. Mr. Sager asked about the matrix of this plan and how often this would be looked at. Mr. Wyatt explained how this would work and the variables that would be used. Mr. Longerbeam asked ifany consideration had been given as to whether a right-of-way had been obtained. Mr. Wyatt replied no. Mr. Longerbeam asked Mr. Wyatt exactly what he was requesting from the Board at this time. Mr. Wyatt explained that this is a new policy; therefore, it would have to have a public hearing. He further explained that this only addresses hardsurfacing projects, nothing else. Mr. Sager referred to the issue of right-of-way and asked if the necessary right-of-way could not be obtained, would the road then be moved down on the list? If this is the procedure he asked that those citizens living on that particular road be notified as to the reason their road had not or would not be hardsurfaced was due to the fact that the necessary right-of-way was not obtainable. Mr. Longerbeam asked about the roads wherein the right-of-way had been obtained and the work was on hold waiting for the necessary funding. Mr. Jerry Copp explained to the Board that Routes 695, 692, 625 and 634 are all clear as all necessary right-of-ways are in place. Mrs. Douglas remarked about Route 633 and the fact it was being moved from number four to number twenty-one and this was due to the fact that three citizens would not donate the necessary right-of-way. Mr. Copp explained that Route 629, which is currently rated number 1, will take approximately 6 years for completion and cost approximately $3 million. [1339 Mr. Shickle stated that this item is of great interest to him, as there are so many unpaved roads in the Gainesboro District. He has a lot of figures and material that he needs to study. Mr. Sager asked if this were voted on by the Board, and approved, does that mean we are locked into it? Mr. Wyatt explained that the Transportation Committee, in recommending this plan, suggested that it be used as a pilot project for a specified number of years, at which time it could be reviewed by the Board. Mr. Longerbeam further asked the Board if they were in agreement to bring this back to the August meeting for further discussion. He felt if this was done and everyone was comfortable with it, a date could be established at that time for the public hearing. Mr. Shickle asked if each Board member could be provided a map. Mr. Longerbeam further requested that a little more background information be provided concerning the top three routes that were moved ie., location, how many residents, etc. Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the Secondary Road Improvement Plan Rating System is hereby tabled and will be discussed further at the Board meeting on August 13. MEMORANDUM/RESOLUTION (#004-97) RE: RECREATIONAL ACCESS FUNDS FOR LAKE FREDERICK - APPROVED UNDER CONSENT AGENDA BE IT RESOLVED, that the Frederick County Board of Supervisors endorses and supports the request made by the Department of Game and Inland Fisheries for Recreational Access funds for road improvements to serve the public boat landing and fishing pier at Lake Frederick, pursuant to Section 33.1-223 of the Code of Virginia. MEMORANDUM RE: SIDEWALKS ALONG ROUTE 656. GREENWOOD ROAD _ DENIED Mr. Wyatt presented this information to the Board explaining that VDOT had asked the planning staff to determine if it is the County's desire to provide sidewalks in association with the Greenwood Road Improvement project. Mr. Smith asked if the planned sidewalks were on county right-of-way? Mr. Jerry Copp replied yes, that the county would pay some of the cost. Mr. Sager inquired as to who pays for sidewalks? Developer, who else? 340 Mr. Copp explained that it could be secondary funding, proffers, however the Board chooses. Mr. Longerbeam stated that he had some concerns about this. Mr. Copp advised the Board that the decision rest with them. Mr. Shickle inquired as to who would be responsible for the sidewalks once they were installed? Mr. Copp replied VDOT. The Board discussed ifperhaps it would be good to obtain the necessary right-of-way at, this time, even though the sidewalks may not be constructed until a later date. Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, not to provide sidewalks along Route 656, Greenwood Road. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Nay Charles W. Orndoff, Sr. - Aye End of Planning Commission Business. COMMITTEE REPORTS: PARKS AND RECREATION COMMISSION - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on June 17, 1997. Members present were: Robert Roper, Charles Sandy, Robert Hartman, Steven Spitzer, Jane Vickers, Cheryl Swartz, Timothy Hockman, and Margaret Douglas. The following item was discussed and submitted. for the boards information only: 1. Reauest from Carl Zachl!o. Mal!ic Marker Paint ball. Inc. Mr. Sandy moved to allow paint ball at staff supervised special events as long as it doesn't interfere with other visitors and activities, seconded by Mr. Hartman. The motion carried by a vote of 4-3 (opposed: Roper, Swartz, and Spitzer). PUBLIC WORKS COMMITTEE The Public Works Committee met on Tuesday, June 23, 1997, at 7:30 a.m. Present were board members Charles W. Orndoff, Sr., and W. Harrington Smith, Jr.; committee members Jim Vickers, George Ludwig, and Tun Wilson; County Administrator John R. Riley, Jr.; Landfill Manager Steve Frye; and Director of Public Works Harvey E. Strawsnyder, Jr., P.E. The following items were discussed and required the boards action: 1. Reauest From Historic Resources for Office Space - Approved Ii I Ii 1341 A request was received from the Department of Historic Resources to relocate their office from their current location to the second floor of the new county office complex. The space in question occupies approximately 1,000 square feet and is totally unfinished. It is estimated that it will cost approximately $40 per square foot to finish this space if the construction is performed in conjunction with the development of the Commonwealth Attorneys space. A motion was made by W. Harrington Smith, Jr. and seconded by George Ludwig to approve the request and forward it to the Board for their action. The motion was unanimously approved. 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 - Nay Charles W. Orndoff, Sr. - Aye 2. Resolution to Permit Work on the Virl!inia Department of Transportations Easements - Approved The Department of Public Works occasionally has the need to perform work on state right-of- ways. To expedite the permitting process, the Virginia Department of Transportation has suggested that the Board of Supervisors pass a resolution guaranteeing a bond amount of $100,000. This process would save valuable time in completing future projects. The recommended resolution is attached (see Attachment I). A motion was made by W. Harrington Smith, Jr. and seconded by Jim Wilson to approve the resolution. The motion was unanimously approved. Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 3. Additional Work at Joint Judicial Center - Approved The City ofWmchester school system who maintains the Joint Judicial Center has requested additional funds to resurface the main lobby. They are estimating a cost of $6,500 to complete the project. The director of public works has reviewed the project and recommends approval. He also added that funds are available in the current fiscal year budget to cover our share ($3,250) of this expenditure (see Attachment 2). A motion was made by Jim Vickers and seconded by Jim Wilson to approve the additional expenditure for resurfacing the lobby floor. The motion was unanimously approved. Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., the above request was approved by the following recorded vote: 342 James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye The following items were discussed and submitted for the boards information only: 1. Selection of Landfill Gas Manae:ement Consultant The director of public works informed the committee that SCS Engineers has been selected to serve as the landfill gas management consultant for the Frederick County Landfill. SCS Engineers has extensive landfill gas experience and has provided staff training for the Environmental Protection Agency and the Department of Environmental Quality. We believe their experience and contacts will be invaluable in meeting the demands of the new Clean Air Standards. 2. Uodate on New Office Soace for Commonwealth Attornev The layout design for the subject office space has been completed by Beery, Rio and Associates. We are currently awaiting a cost estimate from Shockey's Inc. to implement the proposed design. It is possible that this cost estimate will be available for the July 9th board meeting. In the essence of time, the committee granted their approval assuming that the cost estimate would be in the range of $38 to $40 per square foot. This recommendation was presented as a motion by Jim Vickers. The motion was seconded by W. Harrington Smith, Jr., and unanimously approved. 3. Request for Additional Part-time Laborer at Three Citizen Convenience Sites The director of public works requested additional part-time laborer to man three of the recently fenced compactor sites. The enclosed memorandum dated June 23, 1997, outlines the proposal and explains how the additionaIlabor can be funded without increasing the budget for fiscal year 1997/1998. A motion was made by George Ludwig and seconded by Jim Vickers to support the request and forward it to the Finance Committee for their review and approval. The committee unanimously approved the motion (see Attachment 3). 4. Miscellaneous Reoorts Tonnage Report (see Attachment 4). COUNTY EMERGENCY COMMUNICATIONS COMMISSION - MEETING OF JUNE 9. 1997 - APPROVED UNDER CONSENT AGENDA The Frederick County Emergency Communications Commission met on Friday, June 9, 1997 at 5:02 p.m. Present were Board Members Robert Sager and Harrington Smith, Jr., County Administrator John Riley, Committee Members Frank A. Spurr, Jr. and Sheriff Robert WiIliamson. Also present were Fire and Rescue Director Thomas W. Owens, Public Safety Communications Director John Webb, and members of the media. The following items were discussed and were submitted for the boards information only: 1. Bv-Laws Committee A draft of the by-laws was distributed at the commissions May 23 rd meeting for everyone's review. After a brief discussion on this document, it was decided that Tom Owens and Frank Spurr II i' II I , , 343 will get together and complete the by-laws and have this document ready to be presented to the board of supervisors at their meeting on June 17, 1997. 2. CAD Selection Committee The contract has been awarded to Applied Micro Technology as previously reported. The project is underway, hardware is on order through the vendor, and preparations are being made to run the fiber optic line between the Public Safety Building and the Judicial Center. The cost on the fiber optic line is going to be approximately $2,500.00. Also, the geographic files are being converted presently to the new system format. The vendor is still comfortable that the deadline is still a feasible date. The deadline is to be in and operational by July 1, 1997. 3. Directors Selection Committee The director of public safety communications will be Mr. John D. Webb. Mr. Webb will begin employment on June 16, 1997, and his temporary office will be in the Fire and Rescue Department. Mr. Webb will be attending the Frederick County Fire and Rescue Association meeting on Monday, June 16, 1997. 4. Enhanced 911 A Bell Atlantic information package is being prepared to forward to the county administrator for his review which will then be forwarded on to the Finance Committee. There was a brief discussion on our system and the system being used in West Virginia. 5. Communications Center Construction The first project will be to get with Mr. Strawsnyder and get an RFP started for the design and construction. The video that Mr. Spurr has been making will playa key role in the development and construction of the center. It will save time and give a visual picture of what the commission will be working toward. 6. Workload Analvsis Mr. Tom Owens distributed a breakdown of the workload description and the auditing form that was used to complete the workload analysis for fire and rescue. This analysis was completed during the week of June 2, 1997 through June 8, 1997. An analysis has now been completed for both the sheriffs department and fire and rescue. The fire and rescue workload was low compared to most weeks. Future plans are to complete the same analysis again to obtain information to do some comparisons with. 7. Radio Svstem Upe:rade There will be a meeting on June 16, 1997 with the Frederick County Fire and Rescue Association. There will be a presentation on the radio system for fire and rescue. Mr. Webb will be attending this meeting. The final stages are nearing for the radio system for the sheriffs departmentJIaw enforcement side. After the Fire and Rescue Association Meeting on June 16th, if the fire and EMS personnel agree then the commission will move toward getting the license applications physically prepared. 8. Status of City's Communication Center Renovation This project continues to move forward. The construction phase has been completed. The city is awaiting delivery of hardware and the installation of new cabinets. COUNTY EMERGENCY COMMUNICATIONS COMMISSION - APPROVED UNDER CONSENT AGENDA 1\ 344 The Frederick County Emergency Communications Commission met on Friday, June 20, 1997 at 5:02 p.m. Present were board member Robert Sager, committee members H. Perry Silva, Frank A. Spurr, and Sheriff Bob Williamson. Also present were Fire and Rescue Director Thomas W. Owens, Public Safety Communications Director John Webb, and members of the media. The following items were discussed and submitted for the boards information only: 1. Bv-Laws Committee The Communications Commissions by-laws were presented to the board of supervisors for approval at their June meeting. The board chose to table the by-laws. The board is unable to bring the by-laws back up for discussion until after 30 days. At this time, a revised copy may be introduced as a substitute. Mr. Spurr is to have the revised copy of the by-laws to Teresa Price by July 1, 1997. 2. CAD Selection Committee There is some concern that the commission does not have an implementation plan for CAD. There will need to be one in place by July 1, 1997. Mr. Joey Henry, sheriffs department, will be working on this and some of the issues involved in the start up of the new CAD System. The vendor has not yet provided the file server and there is some concern about the July 1 st grant deadline being met. The commission will be checking on an extension on the grant and also discussing this with the city. John Webb and Joey Henry will work on this issue. There are concerns on where the delay is and what is happening. Will the city and county loose the grant monies? Funds are encumbered and will come from the City of Winchester and the grant would reimburse the City of Winchester. There are many unanswered questions on this matter. Mr. John Webb, Joey Henry, and Larry Phillips will do some research on this and get information back to the commission. There is a problem with obtaining the fiber optic cable. Adelphia Cable can do the installation but not supply the cable. It was understood that the cable would be coming from Warren Systems, Inc., a local vendor. John Webb will follow up with Warren Systems and Larry Phillips to find out what is happening with the cable and the installation. 3. Communications Directors Renort Mr. Webb has spent time reviewing staffing levels, redundancy of existing systems, and many other areas. John has also looked at operating procedures, protocols, dispatch procedures, etc. A meeting has been set with Finance Director Cheryl Shiffier to set up the communications center budget and arrange transfers for this budget. A review of the 911 tariff funds is underway in regards to operating the center. Interviews with the sheriffs department dispatchers has begun. The purpose for the interviews and a survey is to receive feedback on the likes and dislikes on communications and to involve the dispatchers in the development of the new center. John has reviewed space available in the Judicial Center and completed measurements. There was lengthy discussion on layout, electrical needs, etc. The layout would also allow for expansion, keeping the City of Winchester in mind. After the final layout is complete, Mr. Webb will get with the County Engineer Ed Strawsnyder and get an RFP prepared for immediate response. 4. Enhanced 911 Staff is preparing a memorandum to the County Administrator John Riley to enter into a negotiated lease contract for the 911 service. This memorandum should be ready by the next commission meeting which will be July 7, 1997. A lease agreement will be entered into for the 911 service and equipment through Bell Atlantic. The option on the lease agreement is five to ten years. This does not lock the county in when there is a change in technology. The county administrator is waiting for the recommendation of the Emergency Communications Commission to come to him and then he will interact with the finance department to undertake the negotiated lease contract with Bell Atlantic. I I I 345 5. Workload Analvsis The commission will continue to look for additional data. The sheriffs department and fire and rescue will be doing another survey very soon. Firefighter Karl Steudl will be meeting with Mr. Webb some time the week of June 26 to discuss the data gathered from the fire and rescue survey. This information will then be forwarded to Mr. Spurr. Hopefully within the next three weeks both departments will be able to complete another survey. 6. General Work Plan Mr. Webb has not had the opportunity to review the General Work Plan. As time goes by this document will be beneficial in cost projections and completion dates. 7. Radio System Unl!:rade Mr. Spurr made a presentation to the Frederick County Fire and Rescue Association on June 16, 1997. The association was asked to review the information given to them and report back. Surprisingly, the association opted to act that evening unanimously for Mr. Spurr to proceed with the new radio system design and to make application for frequencies, etc. Within the next couple weeks, Mr. Spurr will begin to complete the necessary paperwork for FCC Licenses. 8. Undate ofCitv's Communication Center Renovation The commission received a copy of the latest status report from the City of Winchester which is prepared by Chief Lynn Miller. This document gives information on the renovations underway and where each element stands toward completion (see Attachment). Sheriff Williamson received a letter from Chief Miller stating the city will be starting a Users Group and they would like to have an appointment to that Users Group. One appointee from the Frederick County Sheriffs Department and two from fire and rescue. Captain Wheeler will be appointed from the sheriffs department to serve on this group. Tom Owens and Perry Silva will get together and decide who will represent fire and rescue. 9. Julv Meetinl!: Date The next regularly scheduled meeting of this commission falls on Friday, July 4th, which is an observed holiday by Frederick County. The commission will be rescheduling the July 4th meeting to Monday, July 7, 1997, at 5:00 p.m. JOINT FINANCE COMMITTEE - SUBMITTED AS INFORMATION The Joint Finance Committee met on June 16, 1997, at 7:30 a.m., in the Winchester City Council Chambers. Present were Frederick County representatives Chairman James L. Longerbeam, Supervisor W. Harrington Smith, Jr., County Administrator John R. Riley, Jr., and Finance Director Cheryl B. Shiffier; Winchester City representatives President W. Harrington Smith, Jr., Mayor Larry T. amps, City Manager Edwin C. Daley, and Finance Director Bill Ewing. Also in attendance were Frederick County Finance Committee members Anita Shull and Nicholas J. Nerangis. 1. Airport Fundinl!: Discussed The Frederick County finance director submitted the attached documentation with reference to airport capital and operating accounts. Frederick County has billed the city for the fiscal year ending 1996 for operating and capital budgets for fiscal years ending 1994, 1995, and 1996. Total amounts due by both parties for capital is $333,454.27 and $200,728 for operating. The city questioned whether the capital expenditures had been authorized and subsequently had the airport received approval from the Joint Finance Committee. Representation from the airport indicated that five year capital budgets had been submitted along with annual budget requests. 346 The committee recommended that closer scrutiny be given to said budgets through regular quarterly meetings of the Joint Finance Committee. 2. Economic Develonment Commission 1997-1998 Budl!:et Final review of this budget concerned funding of the Civil War Museum and the three existing city museums. It was indicated that all funding of the Civil War Museum was pulled due to the possibility of an anonymous benefactor. The funding of the three city museums (Stonewall Jackson and Washington headquarters and Abrams Delight were included in the EDC budget). The additional funding is for tourism marketing in order to get attendance up. The city is responsible of all maintenance and general operations of said museums. Mr. Orndoff stated that he thought the museum had been taken out of the budget, and if not what is the county's portion? Mr. Shickle asked for further clarification on this budget. 3. Handlev Librarv The committee discussed Handley Library's request and recommended that the budget be funded as submitted. 4. Joint Judicial Center The committee discussed Joint Judicial Center space allocations but no action was taken. The request for $6,500 to remove the existing polyurethane coating from the bricks on the first floor of the JJC was referred to the Frederick County Public Works Committee. 5. C-F-W Rel!:ional Jail Expenditures The committee discussed the regional jail expenses and the lack of support from the Commonwealth. VML and V ACo will both be requested to include this issue in their legislative program for next year. 6. Fire and Rescue Mutual Aid The fire and rescue mutual aid deficit was discussed. Messrs. Smith and Omps proposed a committee be established to implement a consolidated fire and rescue system. Messrs. Longerbeam and Smith indicated that they will review the matter and comment at the next Joint Finance Committee meeting. 7. Bvrd Statue The Admiral Byrd statue placement was approved. Mr. Longerbeam advised that all was on schedule for the dedication on July 14. 8. Next Scheduled Meetinl!: The next meeting will be held on July 14,7:30 a.m., in the Wmchester City Council Chambers. End of Committee Reports. BOARD OF SUPERVISORS COMMENTS There were no further comments at this time. 347 BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the Board retired into executive session in accordance with the Code ofVirginil, 1950, as amended, Section 2.1-344, Subsection A(I) for discussion of personnel issues. 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, Sf. - Aye BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by Charles W. Orndoff, Sf., seconded by Robert M. Sager, the board withdrew from executive session. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, the board reconvened into regular session stating that nothing other than what was noted as reason for going into executive session was discussed. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye DEPARTMENT HEADS JUNE WILMOT. GRANVILLE AMOS. AND KRIS TIERNEY - EVALUATIONS CERTIFIED AS DISCUSSED IN EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the evaluations of June Wilmot, Granville Amos, and Kris Tierney were certified as discussed in executive sessIOn. I! I 348 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 COUNTY ADMINISTRATOR JOHN R. RILEY. JR. - EV ALUA nON CERTIFIED AS DISCUSSED IN EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the evaluation of County Administrator, John R. Riley, Jr., was certified as discussed in executive session. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. es L. Longerbeam Chairman, Board of Supervisors