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HomeMy WebLinkAboutSeptember 10, 1997 Regular Meeting Ii I I' 11381 I A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, September 10, 1997, at 7:15 p.m., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia. PRESENT: Chairman James L. Longerbeam; Vice Chairman Richard C. ShickIe; 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 the Reverend Douglas T. Ibach of the Presbyterian Parish of the Valleys. ADOPTION OF AGENDA County Administrator John Riley requested the following items be added to the agenda: 1. Request from the Public Works Director Regarding Cost Proposals from Howard Shockey and Sons, Inc. for Development of Office Space; and 2. Commissioner of the Revenue Ellen Murphy's Annual Report Presentation. Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, 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. Memorandum Re: Schedule Public Hearing Date for Planning Commission Items - TabC; 2. Deed of Vacation and Dedication - Fairfax Pike and Warrior Drive - Tab D; 3. Parks and Recreation Commission Report - Tab J; and 4. County Emergency Communications Commission Report - Tab K. Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the board approved the consent agenda as presented above by the following recorded vote: James L. Longerbeam - Aye II . 382 W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye CITIZEN COMMENTS No one appeared before the board. MINUTES OF REGULAR MEETING - AUGUST 13. 1997 - APPROVED Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., the minutes of August 13, 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 BARBARA N. TINSMAN AND DAWN HYLAND APPOINTED TO mE COMMUNITY POLICY AND MANAGEMENT TEAM (CPMT) - APPROVED Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., Barbara N. Tinsman and Dawn Hyland were appointed to serve on the Community Policy and Management Team and 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 REGINALD B. BAKER APPOINTED TO THE CHAPTER 10 BOARD TO FILL UNEXPIRED TERM OF DEBORAH OVERSTREET WHO RESIGNED _ APPROVED Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., Reginald B. Baker was appointed to the Chapter 10 Board to fill the unexpired term of Deborah Overstreet who resigned and is a three year term thereafter expiring December 31,2000. 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 Richard C. Shickle - Aye 1\ 1 I I 11383 I Charles W. Orndoff, Sr. - Aye J. PATRICK RUSSELL APPOINTED TO THE WINCHESTER REGIONAL AIRPORT AUmORITY - APPROVED Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., 1. Patrick Russell was appointed to the Winchester Regional Airport Authority. This is a four year appointment and commenced on September 10, 1997, and expires June 30, 2001. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye JOHN LIGHT REAPPOINTED TO THE PLANNING COMMISSION AS STONEWALL DISTRICT REPRESENTATIVE - APPROVED Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, John Light was reappointed to the Planning Commission as the Stonewall District representative. This term is a four year appointment and commences on October 31, 1997, and expires October 31, 2001. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. HARRINGTON SMIm. JR. REAPPOINTED TO mE C-F-W REGIONAL JAIL BOARD - APPROVED Upon motion made by Robert M. Sager, seconded by Margaret B. Douglas, Supervisor W. Harrington Smith, Jr., was reappointed to the C-F-W Regional Jail Board. This is a four year appointment and commences on October 13, 1997, and expires on October 13, 2001. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye FREDERICK COUNTY TREASURER Co WILLIAM ORNDOFF. JR.. ADDRESSED BOARD RE: ANNUAL REPORT 384 Treasurer C. William Orndoff, Jr., appeared before the board to present his annual report and a copy is on file in the county administrator's office. Along with this report, Mr. Orndoff requested the board's authorization to do the following: 1. Advertise in the newspaper all delinquent personal property and real estate tax accounts; 2. In accordance with the Code of Virginia, remove from the tax roll tax accounts less than $5 or with a balance due of$5; 3. In accordance with the auditors, write-off of specific landfill accounts as presented to the board. Most of these accounts represent bankruptcy, contested charges, no longer in the area, or the business no longer exists. Upon motion made by Richard C. Shickle, seconded by Robert M. Sager, the board approved Mr. OrndofPs request as noted above by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye MargaretB.Dou~as-Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye Treasurer Orndoff explained to the board that a policy had not been established for delinquent landfill accounts until three years ago. The treasurer's office works with the landfill in determining what accounts are delinquent and unauthorized to use the landfill until such time as accounts are current. Chairman Longerbeam requested Mr. Riley to provide to the board in their weekly mailing a report on the stafPs policy and procedure for handling landfill accounts. FREDERICK COUNTY COMMISSIONER OF THE REVENUE ELLEN E. MURPHY ADDRESSED BOARD RE: ANNUAL REPORT Commissioner of the Revenue Ellen E. Murphy appeared before the board to present her annual report and is on file in the county administrator's office. DA TE SCHEDULED FOR PLANNING COMMISSION ITEMS - APPROVED UNDER CONSENT AGENDA The planning department requested October 8, 1997, as the public hearing date for the following items: 1. Conditional Use Permit #010-97 ofT.P. and Susan Goodman; 2. Conditional Use Permit #012-97 of Michael M. Milam; 3. Conditional Use Permit #013-97 of Lisa A. Drinkwater; and 4. Route 37 Land Use Plan. Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., this request 385 was 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 DEED OF VACATION AND DEDICATION - FAIRFAX PIKE AND WARRIOR DRIVE - APPROVED UNDER THE CONSENT AGENDA Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the Deed of Dedication and Vacation that realigns the intersection of Fairfax Pike and Warrior Drive located in The Village at Sherando subdivision was 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 (#007-97) AUTHORIZING THE ISSUANCE AND SALE OF GENERAL OBLIGATION REFUNDING BONDS - FREDERICK COUNTY SCHOOL DIVISION'S EARLY RETIREMENT PROGRAM (VRS) - APPROVED Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shickle, the following resolution was approved: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA AUTHORIZING THE ISSUANCE AND SALE OF GENERAL OBLIGATION REFUNDING BONDS The County of Frederick, Virginia (the "County"), is obligated to make certain annual payments (the "VRS Obligation") to or on behalf of the Frederick County School Division to pay to the Virginia Retirement System (the "VRS") the Frederick County School Division's early retirement program costs as set forth in the Memorandum, dated May 15, 1992 from the Director of the Virginia Retirement System to Division Superintendents and Financial Officers of Public School Boards. The Board of Supervisors proposes to issue general obligation refunding bonds of the County to refinance the VRS Obligation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board of Supervisors hereby ~ detennines that it is advisable to contract a debt and to issue and sell the County's general obligation refunding bonds (the "Bonds") in the maximum principal amount of$1,535,000 pursuant to Article 5 of the Public Finance Act of 1991, Chapter 5.1, Title 15.1, Code of Virginia of 1950, as amended (the "Act"). The issuance and sale of the Bonds are hereby authorized. The proceeds from the issuance and sale of the Bonds shall be used to refund the VRS Obligation and to pay the costs of issuing the Bonds. .'-':;~:1:) 386 2. Pledge of Full faith and Credit. The full faith and credit of the County are hereby irrevocably pledged for the payment of the principal of, premium, if any, and interest on the Bonds as the same become due and payable. The Board of Supervisors shall levy an annual ad valorem tax upon all property in the County, subject to local taxation, sufficient to pay the principal of, premium, if any, and interest on the Bonds as the same shall become due for payment unless other funds are lawfully available and appropriated for the timely payment thereof. 3. Details and Sale of Bonds. The Bonds shall be issued and sold in such manner (including competitive or negotiated sale) as the County Administrator may determine and upon the terms established pursuant to this Resolution and upon such other terms as may be determined by subsequent resolution of the Board of Supervisors. I "...-' 4. Form of Bonds. The Bonds shall be in substantially the form attached to this Resolution as Exhibit A, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution. There may be endorsed on the Bonds such legend or text as may be necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any usage or requirement oflaw with respect thereto. 5. Execution of Bonds. The Chairman and the Clerk of the Board of Supervisors of the County are authorized and directed to execute appropriate negotiable Bonds and to affix the seal of the County thereto and to deliver the Bonds to the purchaser thereof upon payment of the purchase price. The manner of execution and affixation of the seal may be by facsimile, provided, however, that if the signatures of the Chairman and the Clerk are both by facsimile, the Bonds shall not be valid until signed at the foot thereof by the manual signature of the Bond Registrar. 6. Disclosure Documents. The County Administrator and the Chairman of the Board of Supervisors, or either of them, and such officers and agents of the County as either of them may designate are hereby authorized and directed to prepare, execute, if required, and distribute an appropriate preliminary official statement, official statement or such other offering or disclosure documents as may be necessary to expedite the sale of the Bonds. The preliminary official statement, official statement or other documents shall be published in such publications and distributed in such manner and at such times as the County Administrator, or such officer of the County as he may designate, shall determine. 7. Judicial Validation. The County Attorney and such officers and agents of the County as he may designate are authorized and directed to bring a proceeding to establish the validity of the Bonds pursuant to Article 6 of the Act. 8. Further Actions. The County Administrator, the County Attorney and the Chairman of the Board of Supervisors and such officers and agents of the County as any of them may designate are authorized and directed to take such further action as they deem necessary regarding the issuance and sale of the Bonds and the matters set forth in this Resolution and all actions taken by such officers and agents in connection with the issuance and sale of the Bonds are ratified and confirmed. 9. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Frederick, Virginia, certifies that the foregoing constitutes a true, complete and correct copy ofthe Resolution adopted at a regular meeting of the Board of Supervisors of the County of Frederick, Virginia, held on September 10, 1997. 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 II 1387 Charles W. Orndoff, Sr. - Aye It was noted by the county administrator that approximately $73,000 will be saved in refinancing the VRS obligation. REOUEST FROM PUBLIC WORKS DIRECTOR HARVEY E. STRA WSNYDER. JR.. FOR FUNDS IN THE AMOUNT OF $230.510 TO DEVELOP OFFICE SPACE FOR THE COMMONWEALTH'S ATTORNEY AND DEPARTMENT OF HISTORIC RESOURCES - APPROVED Mr. Riley presented this request. A cost proposal from Howard Shockey and Sons, Inc., was received in the amount of $230,510 ($39,000 for Historic Resources and remainder for Commonwealth's Attorney) for development of office space for the Commonwealth's Attorney and the Department of Historic Resources. This amount does not include the $14,246 and $4,472 for previously approved design costs. With combined construction and design cost, the total cost for this project equals $249,228 and represents an actual cost per square foot of $39.95 and is less than previous budget estimates of $40 per square foot. Mr. Strawsnyder recommended approval of Shockey's proposal and a change order issued under the current designlbuild contract. Construction should be completed on or before January 16, 1998, if notice to proceed is given on or before September 17, 1997. Funds will be appropriated from unreserved fund balance. Mr. Robert Carter with the Department of Historic Resources appeared before the board. The Department of Historic Resources office space is currently donated by the City of Winchester and expires January of 1998. If the board approves the agreement for donated office space, this would be for a three year term as long as the General Assembly continues support of the Department of Historic Resources. The department has worked hard with various institutions in bringing them into the tourism marketplace. The department has also worked very effectively with Shenandoah University in creating an archeological laboratory and assisting in developing a curriculum. If the department stays downtown, the relationship with the university will continue. According to the agreement that is being reviewed by county staff, an annual report would also be provided to the board to document quantitatively and qualitatively the services the department has provided regionally and specifically to the county. Chairman Longerbeam expressed his desire for the Department of Historic Resources to be very instrumental in helping the county resolve problems with historical issues that will interfere with the construction of the Route 37 project and felt their work would be well worth the county's 388 investment. Supervisor Orndofffelt the Department of Historic Resources has been and will continue to be very beneficial to the battlefield preservation efforts in the Frederick County area. Supervisor Shickle requested that this request be approved in two motions. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the portion of the proposal for development of office space for the Commonwealth's Attorney was approved and funds appropriated from the General Fund unreserved balance. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, the portion of the proposal for development of office space (1000 square feet) for the Department of Historic Resources was approved and funds appropriated from the General Fund unreserved balance. The rent free obligation will be for a three year term and renegotiated at the end ofthis term. 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, Sf. - Aye Supervisor Shickle was opposed to use of county office space by the Department of Historic Resources and especially with it being a rent free arrangement. PUBLIC HEARING ITEMS: PUBLIC HEARING - CONVEYANCE OF EASEMENT TO FREDERICK COUNTY SANITATION AUTHORITY FOR A PERMANENT SANITARY SEWER EASEMENT - SHERANDO PARK - APPROVED Mr. Riley presented this request. Approval of this easement will allow a permanent sanitary sewer easement, 20 feet in width, together with a five foot temporary construction easement on either side of the 20 foot easement lying on the west side of Route 636, Sherando Park, as shown on the survey of Douglas C. Legge dated September 10, 1997 (on file in the county administrator's office). Mr. Riley advised the board that the amended deed of easement placed before them replaced the II I 389 deed originally presented in the board's agenda. The survey was revised to move the easement out of the proposed baseball field parking lot. There was no public input. Upon motion made by Robert M. Sager, seconded by Richard C. Shickle, the revised Deed of Easement 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 PLANNING COMMISSION BUSINESS: PUBLIC HEARING: PUBLIC HEARING - CONDITIONAL USE PERMIT #009-97 OF JAMES K. POWELL FOR OFFICE SPACE. WORK SHOP. AND INVENTORY FOR A PLUMBING BUSINESS. THE PROPERTY IS LOCATED AT 6931 VALLEY PIKE. MIDDLETOWN. VIRGINIA. AND IS IDENTIFIED WITH PROPERTY IDENTIFICA TION NUMBER 84-A-82 IN THE OPEOUON MAGISTERIAL DISTRICT - APPROVED WITH AMENDED CONDITIONS Zoning Administrator Andy Evans presented this request. Ms. Paula Nelson, Opequon District, appeared before the board and is an adjacent property owner north and west of this property. She expressed concern that she was not properly notified in a timely fashion in order that she could obtain legal counsel and find out how this use will effect the value of her property. She expressed disagreement with the proposed use of this property for a commercial business and did not understand how this CUP could be approved when it is zoned what she was lead to believe, until recently, as agricultural. Ifit was the desire of the board to approve this CUP and not allow her time to seek legal counsel, she asked the board to require the applicant to erect a privacy fence on the entire west side adjoining her property and leave the tree line in place north of the site adjoining her property. She expressed concern with storage of water heaters and other plumbing items outside of the building and felt this needed to be addressed also. Mr. James Powell, the applicant, appeared before the board and stated he would not have a problem with erecting a six foot privacy fence at his own cost on the side adjoining Ms. Nelson's property. In addition to a privacy fence, a chain link fence will be erected to provide security for his vans. No work will be performed inside the building except for one employee who will be responsible 390 in answering telephones and dispatching services during the day. Traffic will not be a problem except for the once a week trash collection and the use of the vans that will be parked at the facility. The only items that will be stored outside the building are three vans and 20 foot long PVC pipe. Hot water heaters are currently stored outside the building until such time as approval of the CUP is granted and then they will be moved inside. Chairman Longerbeam addressed concern of this CUP notification to the adjoining property owners and asked when notifications were mailed prior to the Planning Commission public hearing. Director of Planning and Development Kris Tierney advised the board that the notice of public hearing to adjoining property owners for the Planning Commission public hearing scheduled for July 2 was mailed on June 27 and is the customary notification time for mailings and, in addition, the required public hearing notices advertised in the local newspaper two consecutive weeks prior to the hearing. After further discussions clarifying the conditions of this CUP and the type and location of fencing required, the board amended the Planning Commission conditions as follows (board's amendments are underlined): 1. All agency comments shall be complied with at all times; 2. A (minor) site plan must be approved by the county, and should include the proposed location of the fence/screening (material, height) on the plan and a minimum six foot privacy fence on the property line facing Ms. Nelson's property (west) and the woodline abutting the north side of her property stay intact to create a natural buffer; 3. All shop-related work must be done within the building only; and 4. Total signage (wall or freestanding) should not exceed a maximum of 100 square feet. ~. No outside storage will be allowed except for vans and PVC pipe. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the board approved Conditional Use Permit #009-97 of James K. Powell with the amended conditions 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 PUBLIC HEARING - CONDmONAL USE PERMIT #011-97 OF ROBERT R. SHEEHAN FORA COTTAGE OCCUPATION - SIGN SHOP. THE PROPERTY IS Ii I I !I Ii 1391 LOCATED DIRECTLY ACROSS FROM 558 MARPLE ROAD (ROUTE 654). IS ZONED RA (RURAL AREAS). AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 41-A-118A IN THE GAINESBORO MAGISTERIAL DISTRICT - APPROVED Mr. Evans presented this request. The Planning Commission recommended approval of this Conditional Use Permit with the conditions recommended by staff as follows: 1. All review agency comments shall be complied with at all times; and 2. Activity associated with this use, including storage, shall be conducted wholly within the enclosed garage building. There was no public input. Upon motion made by Richard C. Shickle, seconded by Robert M. Sager, Conditional Use Permit #011-97 of Robert R. Sheehan was approved with conditions as recommended by the Planning Commission by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARING - REZONING APPLICATION #003-97 OF WESTRIDGE SUBDMSION. SECTION ill. BY GLAIZE DEVELOPMENTS. INC. TO REZONE 9.81 ACRES CURRENTLY ZONED RA (RURAL AREAS) TO RP (RESIDENTIAL PERFORMANCE) ZONED LAND. THE PROPERTY IS LOCATED ADJACENT TO THE WESTRIDGE SUBDMSION WITH ACCESS FROM WEST VIEW LANE VIA MIDDLE ROAD (ROUTE 628) IN THE CITY. AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 63-A-3 IN THE BACK CREEK MAGISTERIAL DISTRICT - APPROVED Deputy Planning and Development Director Evan Wyatt presented this request. The Planning Commission recommended approval of this rezoning request with the proffers submitted by the applicant to provide compensation for the negative fiscal impact identified by the Frederick County Capital Facilities Impact Model. Supervisor Sager expressed concern regarding the school buses in that if no turn around is provided for the buses, students would have to get on and off the bus on Middle Road which he felt is too dangerous. Mr. Evans advised Supervisor Sager that this issue could be addressed when the Master Development Plan is presented to the board for approval. Chairman Longerbeam expressed concern regarding snow removal and trash pick up in that the city would provide these services in their section but not the county's section and asked if staff II 392 could work something out with the city public work's department on a reimbursable bases. Mr. Wyatt advised Chairman Longerbeam that the city had indicated they may work something out with the transportation department for snow removal but were adamant about not providing trash or recycling pick up for the county's section but he would further pursue this issue. A gentleman (no name), chairman of the Trustees of the Winchester Church of the Nazarene, appeared before the board and stated they are currently working on a site plan to build a church on 13 acres (pIN #63-A-4D) adjoining this land. He wanted to make sure approval of this rezoning did not effect this project. He was advised by the board that it would not. Upon motion made by Margaret B. Douglas, seconded by W. Harrington Smith, Jr., rezoning application #003-97 of Westridge Subdivision, Section III, was approved with the conditions as recommended by the Planning Commission by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye End of Public Hearings and Planning Commission Items. COMMITTEE REPORTS PARKS AND RECREATION COMMISSION - MEETING OF AUGUST 19.1997- APPROVED UNDER THE CONSENT AGENDA The Parks and Recreation Commission met on August 19, 1997. Members present were Robert Roper, Charles Sandy, Robert Hartman, Jane Vickers, Cheryl Swartz, Timothy Hockman, and Margaret Douglas. The following items were discussed and submitted for the board's information only: 1. 1998-1999 CIP Reauests On behalf of the CIP Committee, Mr. Hartman moved to recommend the 1998-1999 CIP priority list, seconded by Mr. Sandy, carried unanimously. 2. Year-End Bud2et Report Mr. Hartman moved to request carry forward monies for projects prioritized by the commission, seconded by Mr. Sandy, carried unanimously. Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the above report was approved as presented under the consent agenda by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye II I , I' 393 I Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye EMERGENCY COMMUNICATIONS COMMISSION - MEETING OF AUGUST 29. 1997 - APPROVED UNDER THE CONSENT AGENDA The Frederick County Emergency Communications Commission met on friday, August 29, 1997 at 5:01 p.rn. Present were committee members Robert Sager, frank Spurr, Jr., H. Perry Silva, and Bob Williamson. Also present were Public Safety Communications Director John Webb and members of the media. The following items were discussed and submitted for the board's information only: 1. Bv-Laws Committee The latest meeting with Mr. Shickle had to be canceled hopefully this will be rescheduled shortly after Labor Day. The By-Laws are ready to be presented to Mr. Shickle as soon as a date can be rescheduled. 2. CAD Status There has been no change in the status of the CAD System. Equipment has not arrived yet, and it is felt that AMT is delaying the project. They have set up the week of September 8th for system administrator's training. This training will take place in the Public Safety Building. The equipment is supposed to be here, but there will be no training if there is no equipment. 3. E-911/Ne2otiation Status Mr. Webb has negotiated a lease with Bell Atlantic. The fee that will be charged is a monthly lease purchase arrangement for five years. After the five years we, the county, will own the equipment. The current annual charge for that system will be $63,375.00 per year. We are currently expending more than that with respect to our payments to the City of Winchester. Discussion followed on the Management Information System Software that was quoted as an add-on to this package. Bell Atlantic wants $8900.00 for the software and we would have to have a dedicated, stand alone computer system. This is something we could do cheaper ourselves. The cost quoted is a fixed price which includes any upgrades, installation, and maintenance of the equipment for a period offive years. After the five year period the county owns the equipment. 4. Communications RFP Status Mr. Webb is in the process of writing this, it is a very lengthy and complex document. This is the hardware for the communications center. Mr. Webb is looking at six console positions based on the direction that he was given for staffing, possible system failures, and additional requirements with respect to the City if they should come on board. These six consoles are just the new center and does not include the existing sheriffs consoles. A new digital logging recorder system is being looked at that will record all voice, radio traffic, and telephone traffic in the Communications Center with playback at each position. This would include both RF and telephone. This system is much cheaper to operate and much cheaper in terms of storage tapes than the existing system. The Sheriff's Department logging recorder will be moved to the backup center wherever it may be and it will remain in an offmode until that center has to be activated. There are other items which will need to be done for GIS, other communications equipment, and office equipment. This system and space will accommodate the City of Winchester if need be. 5. Bud2et Status The budget was approved by the commission and has now been approved by the board of 394 supervisors. The telephone survey which occurred was for the documentation supporting the budget. 6. Architectural & Eni!ineerini! RFP Status The proposal analysis group reviewed the two submissions which came back. Mr. Spurr, Mr. Owens, Sheriff Williamson, and Mr. Webb evaluated the two proposals and they were ranked. There was one clear cut winner. Negotiations were entered into with this company and they were asked to submit a pricing proposal which they have returned. It is a company that the county has dealt with in the past. Mr. Strawsnyder would like to look at the pricing detail, he believes the architectural portion may be slightly high. The price they have given is within the amount budgeted. Sheriff Williamson made a motion that upon successful completion of negotiations between the director of public works and Reader and Swartz the Commission recommends that the county enter into a contract with Reader and Swartz for architectural and engineering services in the new Communications Center. Mr. Perry Silva seconded this motion. This motion was unanimously approved. 7. Radio Svstem Upi!rade There was a brief discussion on upgrades and where this project stands. It was questioned if there would be any expense to the volunteer fire companies for all the mobile radios in the fire trucks and ambulances regarding the upgrade. Mr. Silva was informed that there is no problem with the portables and pagers. The upgrade is not expected to cost the fire companies anything. 8. Meetin2 Date It was the consensus of the commission to change the meeting date from Friday to Monday afternoon. The next meeting date for the commission will be Monday, September 15, 1997 at 4:30 p.m. This will keep the commission in sequence with the board of supervisors' meeting dates. Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the above report as presented was 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 PUBLIC WORKS COMMITTEE - MEETING OF AUGUST 26. 1997 The Public Works Committee met on Tuesday, August 26, 1997, at 7:30 a.m. Present were board members Charles W. Orndoff, Sr., and W. Harrington Smith, Jr.; committee members Jim Vickers, Tom Offutt, George Ludwig and Jim 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 board's action: 1. Echo ViIla2e Sewer Problem - Board to Petition Frederick County Sanitation Authority to Research Available Grants Mr. T. G. Adams, representing the Echo Village Sewer Company, requested that the board of supervisors assist them in obtaining a grant related to upgrading the Echo Village sewer collection system. The Echo Village Sewer Company is currently operating under a consent order from the Department of Environmental Quality to close out an existing lagoon and connect to an approved sewer system. II [I 11395 Mr. Adams indicated that they had signed a contract with the City of Winchester to accept their sewerage. However, as part of the agreement, the existing collection system needs to be upgraded to prevent infiltration. The existing system currently serves 23 single family dwellings, several townhouse complexes, and the Echo Village Motel. The latter units are owned by Mr. Adams who is responsible for approximately 77 percent of the sewer flow. The cost ofthe proposed upgrade has been estimated at approximately $6,000 per household. Because this represents a substantial financial burden to fixed income homeowners, Mr. Adams is attempting to pursue alternative funding sources. Mr. Charles E. Maddox, P.E., with G. W. Clifford and Associates, Inc., presented various funding alternatives with an emphasis on the CDBG program which is a 100 percent grant funding program. After extensive discussion, it was determined that Frederick County or the Frederick County Sanitation Authority would be the logical choice to apply for the grant. Consequently, a motion was made by Jim Wilson and seconded by George Ludwig to request that the board of supervisors, through a resolution, petition the Frederick County Sanitation Authority to research the available grants and make a recommendation to the board. The motion was unanimously approved. Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., the above recommendation of the committee was approved and the county administrator was directed to make this request of the Frederick County Sanitation Authority. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 2. Bids for ConstructionlDemoIition Debris (CDD) Landfill- Approved The results of the bids for the new CDD landfill were presented for the committee's review and approval. The public works director recommended that the low bid from Perry Engineering Company, Inc. in the amount of $589,350.05 be accepted. A motion was made by W. Harrington Smith, Jr. and seconded by Tom Offutt to award the contract to Perry Engineering Company, Inc. The motion was unanimously approved (see Attachment 1). Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., the above recommendation 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. Landfill Oversif!ht Committee Nominations - Approved The committee nominated and approved the following members to represent Frederick County on the Landfill Oversight Committee: John R. Riley, Jr., Jim Wilson, and Charles W. Orndoff, Sr. 396 Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., the above nominations were approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 4. New Software Controls for Joint Judicial Center - Approved The City of Winchester has requested an expenditure of $7,900 to purchase and install new HV AC controls throughout the Joint Judicial Complex. Frederick County would be responsible for one-half or approximately $4,000 of this request. The Director of Public Works indicated there should be ample contingency funds in the current budget to cover this cost without requesting additional revenue from the general fund balance. A motion was made by W. Harrington Smith, Jr. and seconded by Tom Offutt to approve the request. The motion was unanimously approved. Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., the above recommendation 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. Closure of Compactor Sites on Thankseivine and Christmas - Approved The director of public works made a request to close the fenced compactor sites on Thanksgiving and Christmas days. This closure will allow those workers assigned to those sites to have a day off during those two holidays. Ample notice will be posted at each site to notify the public of the closings. In addition, we will publicize the closings in the news media. A motion was made by Tom Offutt and seconded by Jim Vickers to support the closing of the fenced compactor sites on Thanksgiving and Christmas days. Everyone except George Ludwig voted in favor of the closure. Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., the above recommendation 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. Reimbursement of Stormwater Improvement Funds - Approved The director of public works requested that the $40,000 expended for the acquisition ofa 397 drainage easement associated with the Killdeer Road drainage project be replenished in the engineering budget, line item 10-4201-7900-01. The board of supervisors was aware of this expenditure and the need to reimburse the budget. The additional funding will be used to complete the Killdeer Road project and initiate a maintenance project along Wrights Run within the Fredericktowne Subdivision. The funding will have to come from the unreserved fund balance. A motion was made by Tun Vickers and seconded by George Ludwig to approve the request. The motion was unanimously approved. This item will be forwarded to the Finance Committee for their review and approval. Supervisor Shickle asked where these funds would come from and Mr. Riley advised that the Finance Committee Report recommends that these funds come out of the contingency reserve fund. Supervisor Shickle asked that the motion on how these expenditures be paid be approved under the Finance Committee Report. Upon motion made by Charles W. Orndoff, Sr., seconded by Richard C. Shickle., the above recommendation for reimbursement of these expenditures was approved and funding of this item will be addressed in the Finance Committee Report. 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 The following items were discussed and submitted for the board's information only: 1. New RecvcJinl! Position The director of public works presented a request to create a recycling position to manage the recycling and solid waste collection programs in Frederick County. The attached memorandum dated August 23, 1997, provides the justification for this position. A motion was made by Tom Offutt and seconded by George Ludwig to approve the request for a new recycling coordinator position. The request was unanimously approved with a recommendation that it be forwarded to the Personnel Committee for their review and approval (see Attachment 2). 2. Miscellaneous Reports a. Tonnage Report (see Attachment 3); b. Recycling Report (see Attachment 4); c. Animal Shelter Cat Report (see Attachment 5); and d. Animal Shelter Dog Report (see Attachment 6). PERSONNEL COMMITTEE - MEETING OF SEPTEMBER 4. 1997 The Personnel Committee met at 8:30 a.m. on September 4, 1997, in the County 398......-...--.-.......u. .... ,.... Administration Conference Room with the following members present: W. Harrington Smith, Jr., vice chairman; Robert S. Gordanier; Toni M. Wallace; John R. Riley, Jr.; and Ann K. Kelican. J. Michael Foster and Margaret B. Douglas were absent. The committee submits the following report and recommendations for your consideration: 1. Personnel Reauests from the Public Works Director The committee reviewed the following requests from the public works director and recommends approval of same: A. Request for Two New Positions (Operator III and Spotter) at the Landfill - Approved Funding for these positions would be derived from the reserve for contingency line item (see Attachment "A"). B. Request to Reclassify and Fill a Vacant Landfill Technician Position - Approved Funding for this request is available in the FY 97-98 budget under the reserve for contingency line item (see Attachment B). C. Request to Fill a Vacant Clerk Tvoist II Position - Approved Funding for this position is available in the FY 97-98 budget (see Attachment C). D. Request for Creation ofRecvc1ing Coordinator Position - Approved If Fundine Has Been Approved by Finance Committee Funding for this position would require a supplemental appropriation in the amount of$26,555 ($20,565 salary and $5,990 fringes (see Attachment D). Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above positions in items A through C were approved as requested and item D approved as requested if funds have been approved by the Finance Committee. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 2. Parks and Recreation Director's Reauest to Fill Vacant Superintendent of Recreation Position - Approved The committee reviewed the attached request from the parks and recreation director to fill the vacant Superintendent of Recreation position and recommends approval of same. No additional county funds are necessary (see Attachment E). Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above recommendation was approved by the following recorded vote: Ii Ii 11399 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. C-F-W Rel!ional Jail Personnel ReQuests - Approved The committee reviewed the attached request from the C-F-W Regional Jail to fill two cook positions and to establish Correctional Health Care Assistant I and II positions and recommends approval of same (see Attachment F). Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, the above recommendation 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. ReQuest from the Division of Court Services to Fill a Case Officer Position - Approved The committee reviewed the attached request from the director of the Division of Court Services to fill a vacant position in his department due to the resignation of the ASAP Coordinator at a Range 15. The director is requesting approval to fill the position with a Case Officer at a Range 12 and the committee recommends approval of this request (see Attachment G). Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, the above recommendation 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 FINANCE COMMITTEE - MEETING OF AUGUST 27. 1997 The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Wednesday, August 27, 1997 at 8:00 a.m. All committee members were present. The agenda items are as follows: 1. Lord Fairfax Community Collel!e ReQuests a General Fund Supplemental Appropriation in the Amount of $4.108 - Approved This amount represents the difference in Lord Fairfax's FY 98 donation request and what was actuaJIyapproved and appropriated. Additional local funds are necessary. Information requested at last month's meeting has been included for your review. See attached memo, p. 1-4. The committee recommends approval. Opposed: Supervisor Shickle. 400 Supervisor Sager questioned ifthere were any other requests asking for additional funds after the board had approved the budget. Chairman Longerbeam advised the board that Northwestern Community Services had made a request and it was denied. Supervisor Sager expressed his concern in voting in favor of this request because he felt a dangerous precedence would be set for other institutions asking for reconsideration of the board's original line item contribution. He was not opposed to funding this request but felt this should have been reviewed during the budget process and the appropriate levels funded at that time. Chairman Longerbeam explained that the Lord Fairfax Community College originally requested funds for their FY 1998 budget over and above the amount approved by the board and reflected an increase in student population but the county administrator had cut their original request to present level. If the board elected not to approve this request, Frederick County would be the only jurisdiction not funding a 100 percent of their share. The amount being requested reflects the increase in student population for Fiscal Year 1998. Some board members felt the county was obligated in paying these funds. After further discussion, it was the consensus of the majority of the board members to allow the Lord Fairfax Community College to present future budget requests before staff or the board reduced any amounts requested for their services. Supervisor Shickle expressed his concern in approving this request in that the board funded certain agencies at current level and the community college's board had the option to adopt a budget at current level that would not have increased because of students or total amount either. Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, the committee's recommendation for approval of this 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 (Reluctant) Richard C. Shickle - Nay Charles W. Orndoff, Sf. - Aye 2. The Electoral Board Requests a General Fund Supplemental Appropriation in the Amount of $500 - Approved This amount represents a carry-forward and is needed to pay a FY 1997 bill that was received after the appropriate bill cut-off date. See attached memo, p. 5. The committee recommends approval. iI- II II II Ii 401' Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shickle, the committee's recommendation for approval of this 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 Commonwealth's Attornev Requests a General Fund Supplemental Appropriation in the Amount of $6.953 - Denied This amount represents a carry-forward and is needed to cover the first lease payment on a vehicle that was ordered in FY 1997 but will not be received until October 1997. See attached memo, p. 6-7. The committee does not recommend approval since one year's lease payment is included in the FY 1998 budget. Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shickle, the committee's recommendation to deny this 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 Economic Development Director Requests a General Fund Supplemental Appropriation in the Amount of $3.000 - Approved This represents a carry-forward needed to complete the work on the Business Network. See attached memo, p. 8-9. The committee recommends approval. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the committee's recommendation for approval of this 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 Finance Director Requests a General Fund Supplemental Appropriation in the Amount of $55.886.39. a Rel!ional Jail Supplemental Appropriation in the Amount of $3.726. a Court Services Supplemental Appropriation in the Amount of $3.316.97. and an Administration Buildinl! Fund Supplemental Appropriation in the Amount 0($8.778 - Approved These amounts represent outstanding purchase orders on June 30, 1997. See attached list, II 402 p. 10-11. The committee recommended approval for outstanding purchase orders dated through the end of fiscal year 1997. Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shickle, the committee's recommendation for approval of this 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 School Finance Director Requests a School Operatinl! Fund Supplemental Appropriation in the Amount of $532.107.55. a Consolidated Services Fund Supplemental Appropriation in the Amount of $2.518. a Stonewall School CPF Supplemental Appropriation in the Amount of $1.014.376.44. JWHS AdditionlRenovation CPF Supplemental Appropriation in the Amount of $481.998.41. and a Sensenv Road School CPF Supplemental Appropriation in the Amount of $75.351 - Approved If Not Surplus Funds These amounts represent outstanding purchase orders on June 30, 1997. See attached list, p. 12-28. The committee recommends approval. Supervisor Shickle requested confirmation that these appropriations are for actual expenditures and not the appropriation of surplus funds. The Director of Finance Cheryl Shimer was asked to look into this before appropriations are made. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the committee's recommendation for approval of this request was approved if this appropriation does not reflect surplus funds. 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 7. The Rel!ional Jail Requests a Jail Fund Supplemental Appropriation in the Amount of $11.545 - Denied This amount represents a carry-forward and is needed to cover the first lease payment on two new vehicles that were ordered during FY 1997 but were not received until August 7, 1997. See attached memo, p. 29. The committee does not recommend approval since one year's lease payment is included in the FY 1998 budget. Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shickle, the 1\ II f~~- committee's recommendation to deny this 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 Public Works Director Reauests a Landfill Fund Appropriation Transfer from the Continl!encv Line Item in the Amount of $51.851 - Approved This figure is an estimate of the funds needed for the hiring of two new landfill positions. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the committee's recommendation for approval of this 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 Director Reauests a Landfill Fund Supplemental Appropriation in the Amount of $650.000 and a General Fund Supplemental Appropriation in the Amount of $55.000 : Approved The Landfill supplement consists of a carry-forward needed to commence work on the new cDD Landfill. The General Fund supplement consists of refuse collection budget carry-forward and is needed to develop a new compactor site at Round Hill. This amount was cut from the FY 1998 budget. See attached memo, p. 30-34. The committee recommends approval. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the committee's recommendation for approval of this 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 9. The Shawneeland Sanitary District Manal!er Reauests a Shawneeland Fund Supplemental Appropriation in the Amount of $46.400 - Approved Of this amount, $30,000 is a carry-forward to purchase a heavy duty vehicle, and $16,400 is a carry-forward to purchase maintenance equipment. See attached memo, p. 35. The committee recommends approval. Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shickle, the I. 404 committee's recommendation for approval of this 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 10. The Airport Executive Director ReQuests an Airport Capital Fund Supplemental Appropriation in the Amount of $590.000 for Land ACQuisition. Air Service Development. and to Seal/Coat Main Apron - Approved with Continl!:encv This amount nets total additionalloca1 funds needed in the amount of $108,000. See attached memo, p. 36-43. The committee recommends approval contingent upon the City of Winchester agreeing to pay their share of previous years operating and capital deficit and their approval ofFY 1998 Airport operating and capital budgets. Supervisor Sager questioned the city's status on approving this funding. Mr. Riley advised the board he had not received anything in writing from the city as of this date but has been informed by the local news media that the city has authorized payment of all past capital deficits but has not authorized a $21,000 operational deficit incurred during the same year of the blizzard. A $33,000 expenditure was made that year for snow removal. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the committee's recommendation to approve this request upon the City of Winchester agreeing to pay their share of previous years operating and capital deficit and their approval of the FY 1998 Airport operating and capital budgets 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 11. The Finance Director Reauests a General Fund Supplemental Appropriation in the Amount 0($61.689.50 - Approved Airport funding was budgeted at 50%. It has been determined by the MOU that the county contribution should have been budgeted at 68.5%. This formula is based on airport usage. See attached memo, p. 44. The committee recommends approval contingent upon the City of Winchester agreeing to pay their share of previous years operating and capital deficit and their approval ofFY 1998 Airport operating and capital budgets. Supervisor Shickle stated his approval of this request would be based on the full board's endorsement of the Memorandum of Understanding for Frederick County and the City of Winchester , '-. II i 405 Joint Agreements (Note: This agreement was approved by all board members by resolution in regular session on December 14, 1994.) Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, to approve the committee's recommendation for approval contingent upon the City of Winchester agreeing to pay their share of previous years operating and capital deficit and approval of the FY 1998 airport operating and capital budgets. 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 12. The Winchester Rel!ional Airport ReQuests an Airport Fund Supplemental Appropriation in the Amount of $24.774 - Approved This amount, a carry-forward, was not received until July 1997 and will be expended in the month of July. No additional local funds are needed. See attached memo, p. 45. The committee recommends approval. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the committee's recommendation for approval of this 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 13. Reouest for Funds Received in Lieu of Taxes from Westminster Canterburv to Be Deposited into General Fund - Approved The Finance Director requests direction on calculating fire company capital reserves. See attached memo, p. 46-50. The committee recommended that all funds received in lieu of taxes from Westminster Canterbury be deposited back into the General Fund. Opposed: Supervisor Shickle. Chairman Longerbeam asked Mr. Riley to explain this request. Mr. Riley reported that when Westminster Canterbury was created in 1987 as a 501(c)(3) tax exempt organization, they agreed to pay to the city and the county payments for public safety protection, health requirements, and parks and recreation impacts which represented 1/1 0 of 1 percent of the assessed value of their property. In the past, the fire and rescue department determined that the Round Hill fire company should 406 receive these funds as they are the service providers to this area but the Fire and Rescue Association wants these funds to be committed to a capital down payment or capital contingency when needed. The decision the board needed to make is whether or not these funds should be committed to the fire department or into the general fund for redistribution upon request. Supervisor Shickle expressed opposition to approval of the committee's recommendation in that he did not feel enough information had been provided to vote on this issue and preferred that this item be tabled. Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, the committee's recommendation 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 - Nay Charles W. Orndoff, Sr. - Aye 14. Parks and Recreation's Reauest for $236.126 - School Grounds Maintenance Prol!ram - Approved Parks and Recreation and the School Board provided additional detail on the school grounds maintenance program as requested. To implement this program, the cost for FY 98 would be absorbed within the school budget and through the sale of surplus equipment. The Parks and Recreation department would need $236,126 for FY 98. See attached memo, p. 51-56. The conunittee recommended that $177,500, which is a one time cost for Parks and Recreation, be funded through the Proffers Reserves and the remaining $58,626 be an operational transfer. The committee also recommended that the FY 99 budget include funding for this program. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the committee's recommendation 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 15. The Youth Development Center. Inc. Reauests a General Fund Supplemental Appropriation in the Amount of $30.000 - Approved as Amended This amount is to cover the FY 1998 contract between the Youth Development Center and Frederick County. Additional local funds are needed. See attached letter and contract, p. 57-62. The conunittee recommended that the contract be amended to provide $15,000 annually and that this amount will be reviewed at the end of the contract year. This amount will be transferred from operating contingency. Supervisor Shickle addressed the committee's recommendation and felt the finance staff 407 misunderstood the finance committee's recommendation. He asked that the recommendation be amended to exclude the word annually after $15,000 and that the contract be reviewed at the end of the contract year. Supervisor Orndoff asked how much was paid to the YDC for Fiscal Year 1996-1997 as it was his understanding a like amount was to be approved by the city also for this year. Chairman Longerbeam advised the board that $30,000 was paid by the county for that year and it was his recollection the board's motion never specified a like dollar amount only like approval of the contract. He felt the board understood that the city would not approve the same amount since they have a record of not doing so and the fact that the county has more students than the city. Since the city has approved $15,000 this year, the finance committee felt it was appropriate to reduce the county's contribution to match the city's. Supervisor Orndoff did not agree and from his understanding of the minutes of the board meeting of November 15, 1996, the county should not have paid the $30,000 to the YDC for Fiscal Year 1996-1997 since the city did not approve a like amount. Supervisors Sager and Smith stated the $30,000 was paid to help the YDC's start up cost. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the committee's recommendation was approved as amended to provide $15,000 and that the contract will be reviewed at the end of the contract year. The above motion was approved by the folJowing recorded vote: James L. Longerbeam - Abstained W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 16. The School Finance Director Requests a School Fund Supplemental Appropriation in the Amount of $416.604.75 - Approved This amount represents a carry forward of regional fund balances and remaining funds at year- end for prioritized projects. See attached memo, p. 63-73. The committee recommends approval. Supervisor Shickle requested clarification on this request and asked if the transfer from the DJ. Howard close-out is included in this amount. Mrs. Shiffler advised the board that this amount is not included and the recommended amount represents the school's carry forward request of $21,333.66 and $395,271.09. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the 408 committee's recommendation for approval of this 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 17. The Public Works Director Requests a General Fund Supplemental Appropriation in the Amount of $40.000 - Approved This amount is needed to replenish the Stormwater Improvements line item within the Engineering budget so that the Killdeer Road project can be completed. See attached memo, p. 74- 84. The committee recommends approval. This amount will be transferred from operating contingency. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the committee's recommendation for approval of this 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 items were discussed and submitted for the board's information only: 1. Attached is information requested at last month's meeting from the Director of Public Safety Communications. See attached memo, p. 85-87. 2. The Finance Committee discussed the County's role as fiscal agent and discussions will continue next month. 3. The Finance Committee proposed that donations greater than $10,000 be sent out on a quarterly basis beginning in FY 1999. Donations sent out in August of every year exceed $800,000 and quarterly payments will improve the County's cash flow. See attached memo, p.88. AT THIS TIME THE BOARD MOTIONED TO ADJOURN AS THERE WAS NO FURTHER BUSINESS TO DISCUSS. es L. Longerbeam Chairman, Board of Supervisors ~' J /')\ . J '.' i (<' H-;f<~. __/ Jo ff R. Riley, Jr. ' Clerk, Board of Supervisors Minutes Prepared By: .// ~/. lYc24t~l/V Cat . Tanner Administrative Assistant II Ij 409