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HomeMy WebLinkAboutSeptember 24, 1997 Regular Meeting 410 A W orksession of the Frederick County Board of Supervisors and the Frederick County Sanitation Authority was held on Wednesday, September 24, 1997, at 6:00 p.m., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT: Chairman James L. Longerbeam; Vice Chairman Richard C. Shickle; W. Harrington Smith, Jf.; Charles W. Orndoff, Sr.; Robert M. Sager; and Margaret B. Douglas. Frederick County Sanitation Authority members Eston O. Rudolph, III, John V. Stevens, James T. Anderson, and Gregory W. Hewitt; and Frederick County Sanitation Authority Director/Engineer Wellington H. Jones. Mr. Jones presented to the board a synopsis of the Frederick County Sanitation Authority's long range water supply and transmission plans and future expansion plans of the Opequon Water Reclamation Facility. The information presented to the board was compiled from various studies performed by the authority, the City of Winchester, and the Department of Environmental Quality. Mr. Jones reported first on the county's water supply and the various sources available in Frederick County. Based upon past consumption history and the use of two million gallons a day in 1995, he advised the board that the water supply demands were projected at approximately 16 million gallons a day for the year 2045. The water sources available will supply the county beyond the year 2045; however, treatment may be required for the Tower Park Wellfield water once that source is needed in the year 2015 and a plant will be required for use of the Cedar Creek source planned for the year 2025. Construction of the county's transmission mains have been planned to meet the demands projected by the water sources available in Frederick County. The board addressed the effect this planned water service would have on commercial businesses or industrial developments that wanted to locate in Frederick County. Mr. Jones advised the board that each industry or commercial business would have to be handled individually because demands varied depending on the type of industry or business. If an industry requiring water service wanted to locate in Frederick County today in an area where water service was not planned for another 10 years, the plan is flexible enough to allow that main to be constructed today. Construction is mainly driven by development Mr. Jones reported that the county's water supply would provide service to the county for another 50 years, provided 'I II 11411 flexibility, feasibility, complied with the Comprehensive Plan, and was reliable (if one source is lost because of power failure or contamination other sources are available to fill in the gaps). Mr. Jones advised the board that the Opequon Water Reclamation Facility has almost reached capacity and the firm O'Brien and Gear was hired to study and provide a feasible plan to expand the facility. Further information was presented by Mr. Jones regarding the expansion cost and the various phases that were developed to achieve the projected demands for waste water treatment. Mr. Jones explained that the Intermunicipal Agreement was being revised to reflect the projected needs for the city and county. Modifications to the agreement are being made to provide for the expansion of the plant and will include allocation of the existing capacity, allocation of the expansion capacity, and allocation of the debt service and O&M costs. The Frederick County Sanitation Authority has reviewed and concurred with the modifications and the Frederick- Wmchester Service Authority is currently revising the agreement and will be presented to the board within the next few months for their approval. Funding for optimization was discussed and Mr. Jones reported that the service authority has applied for funds and grants to begin the expansion of the treatment plant. Construction is scheduled for early 1998. Supervisor Shickle requested Mr. Jones to provide a map of existing and planned sewer lines, similar to the water transmission mains, to the planning and development staff so that this information could be overlaid with the county's water and sewer development area map. Chairman Longerbeam questioned the current capacity and expansion plans for the Parkins " Mill Plant. Mr. Jones advised the board that the plant was built to handle one-half million gallons and was expanded to handle two million gallons a day and currently uses one million. Any future expansion of the facility would be difficult due to the lack ofland space. Supervisor Shickle expressed some concern regarding the expansion plans for the Opequon and jfit would serve the needs of the county. He asked if the board would need to get involved with the infrastructure cost to deliver service before there were sufficient customers. The feedback he had received from various sources indicated the county was underestimating their growth projections and the city overestimating their growth projections and would, therefore, allow the city to sell to the county their services for a profit. Mr. Jones advised the board that he was comfortable with the , 412 authority's financial projections and felt it would be manageable within the next ten years. He did address concern, however, with industrial services (Frito-Lay was used as an example) in that if an industry wanted to locate in Frederick County the projected demands would change and could cause some problems. The sanitation authority, on the other hand, could probably deal with these problems because an industry would most likely be accommodated by the authority borrowing money to provide the needed services as long as the authority knew they could receive a return on their investment. Chairman Longerbeam felt that consolidation of city and county water and sewer services would best serve the city and county long term and economically. Consolidation would take away all the confusion and provide these services at a reduced cost. Mr. Jones addressed the consolidation issue in that if the city could provide services at a cost less than what it would cost for the county to build and provide its own source, this should not be ignored as this would be the better economical choice. Supervisor Shickle expressed some concern with the county building a treatment plant in the Cedar Creek area and then abandoning it because the service could be provided by the city at a reduced cost. Mr. Jones explained that he did not believe constructing a facility in the Cedar Creek area would be any more costly than what the city could provide to that area and felt comfortable with this plan. Frederick County Sanitation Authority Vice Chairman Eston Rudolph, III, appeared before the board and stated he has served on the authority for nine and a-half years and the information presented by Mr. Jones was put together with a lot of thought and planning. He also felt the long term solution for these services was consolidation. At 7:00 P.M., the following agenda items were discussed and acted upon by the Frederick County Board of Supervisors. CONSENT AGENDA County Administrator John Riley suggested the following tabs for approval under the consent agenda: 1. Memorandum Re: Schedule Public Hearing Date for Planning Commission Items - Tab A; II II Ii '1413 2. Resolution Re: Literary Fund Reimbursement - Tab B. Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shickle, the board approved the consent agenda as presented 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 DATE SCHEDULED FOR PLANNING COMMISSION ITEMS - APPROVED UNDER CONSENT AGENDA The planning department requested October 22, 1997, as the public hearing date for the following items: 1. Conditional Use Permit #014-97 of Garris and Eva Poling; 2. Conditional Use Permit #015-97 of Garris and Eva Poling; and 3. Rezoning Application #004-97, Eastgate II. Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shickle, this request 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 (#008-97) - LITERARY FUND REIMBURSEMENTS FOR ADDmONS TO THE ARMEL AND MIDDLETOWN ELEMENTARY SCHOOLS- APPROVED UNDER CONSENT AGENDA Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shickle, the following resolution was approved under the consent agenda: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE TAX-EXEMPT FINANCINGS FOR CERTAIN EXPENDITURES MADE AND/OR TO BE MADE IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF CERTAIN CAPITAL IMPROVEMENTS FOR SCHOOL PROJECTS WHEREAS, the County of Frederick, Virginia (the "Issuer") is a political subdivision organized and existing under the laws of the Commonwealth of Virginia; and WHEREAS, the Board of Supervisors of the Issuer (the "Board") expects to pay, after the date hereof, certain expenditures (the "Expenditures") in connection with the acquisition, construction and/or equipping of capital improvements for school projects, including the acquisition of land and the construction, expansion, renovation, improvement and equipping of various school facilities, 414 consisting of additions to the Armel Elementary School and the Middletown Elementary School (the "Projects"); and WHEREAS, the Board has determined that any moneys previously advanced no more than 60 days prior to the date hereof(and any moneys previously advanced and subject to an exception as described in Section 4) and those moneys to be advanced on and after the date hereof to pay the Expenditures are available only for a temporary period and it is necessary to reimburse th~ Issuer or the School Board of the Expenditures from the proceeds of one or more issues of tax-exempt bonds (the "Bonds"); NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA AS FOLLOWS: Section 1. The Board hereby declares its intent to reimburse itself or the School Board with the proceeds of the Bonds for the Expenditures with respect to the Project made on and after that date which is no more than 60 days prior to the date hereof (or which are subject to an exception). The Board reasonably expects on the date hereof that it will reimburse the Expenditures with the proceeds of the Bonds. Section 2. Each Expenditure will be either (a) ofa type properly chargeable to capital account under general federal income tax principles (determined in each case as of the date of the Expenditure), (b) a cost of issuance with respect to the Bonds, e> a nonrecurring item that is not customarily payable from current revenues, or (d) a grant to a party that is nbt related to or an agent of the Issuer so long as such grant does not impose any obligation or condition (directly or indirectly) to repay any amount to or for the benefit of the Issuer. Section 3. The maximum principal amount of the Bonds expected to be issued for the Projects is $3,000,000. Section 4. Th Issuer will make a reimbursement allocation, which is a written allocation by the Issuer that evidences the Issuer's use of proceeds of the Bonds to reimburse an Expenditure, no later than 18 months after the later of the date on which the Expenditure is paid or the applicable Project is placed in service or abandoned, but in no event more than three years after the date on which the Expenditure is paid. The Issuer recognizes that exceptions are available for certain "preliminary expenditures," costs of issuance, certain de minimis amounts, expenditures by "small issuers" (based on the year of issuance and not the year of expenditure) and expenditures for construction projects of at least five years. Section 5. This resolution will take effect immediately upon its passage. ADOPTED this 24th day of September, 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 Charles W. Orndoff, Sr. - Aye MASTER DEVELOPMENT PLAN #004-97 - WOODBROOK VILLAGE - APPROVED Planner Mike Ruddy presented this request. The Planning Commission in regular session on September 3, 1997, recommended approval, by a majority vote, of this master plan with the Ii Ii 415 following stipulations: 1) VDOT's recommended plan for traffic control at the intersection at Route 706 and Route 11 be put in place; and 2) All review agency comments, Planning Commission comments, and Board of Supervisors' comments be addressed. Supervisor Smith expressed concern with the various exits and entrances and the traffic flow and safety, congestion, and other problems that would be generated by using the Opequon Church lane as the only access to this development. He referred to a letter from C. Langon Gordon and David R. Witt that was included in the board's agenda expressing these same concerns. He also expressed some concern regarding the southern entrance to the 7-11 store located in this area. Virginia Department of Transportation Resident Engineer Jerry Copp appeared before the board and addressed the traffic concerns on Opequon Church Lane. The traffic engineers studied the request for installation of a traffic light at this intersection and did not recommend one as it would be difficult to design a light that would serve Route 706 as well as Shawnee Drive, Creekside, and Route 11. VDOT and planning staff felt that changing the phasing on the existing light at the Shawnee Drive and Route 11 intersection would best serve the traffic congestion in this area. Installing a traffic light on Route 706 would be detrimental to the traffic on Route 11 and Shawnee Drive. Mr. Copp felt that the construction of right and left turn lanes on Route 706 turning onto Route 11 would help the traffic going out on Route 706 and vehicles exiting the 7-11 store. He also stated that the best solution to provide the level of services needed on all routes affected at this intersection was to change the phasing of the light as indicated above and allow additional time for vehicles on Route 706 to exit onto Route 11. Supervisor Shickle addressed concern with the circle around the end of Wood brook Lane and iffire trucks would be able to negotiate this road. Mr. Ruddy explained that emergency access would have to be maintained during all phases of development and the fire marshall would not grant the required approvals if this was not done. Upon motion made by Margaret B. Douglas, seconded by Richard C. Shickle, Master Development Plan #004-97 was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye (Reluctantly) Margaret B. Douglas - Aye Robert M. Sager - Aye 416 Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye At 7:15 P.M., the Chairman called for a recess before discussion oflthe public hearing items and advised the meeting would reconvene at 7:25 P.M. At 7:30 P.M., the meeting reconvened. CALL TO ORDER The Chairman called the meeting to order. INVOCA nON The invocation was delivered by Supervisor Robert M. Sager. ADOPTION OF AGENDA Mr. Riley requested the board's approval to move the October 8 board meeting to October 7. The board concurred with this request. cmZEN COMMENTS Paul Anderson. Past Airoort Authority Member: He thanked the board for giving him the opportunity to serve on the authority and advised the board that if there was anything he could do for them in the future to please contact him. PUBLIC HEARING ITEMS PUBLIC HEARING - REOUEST FROM THE CHILD-PARENT CENTER FOR AN OUTDOOR FESTIVAL PERMIT - OCTOBER 4. 1997. ON PROPERTY OWNED BY ADAMS-LEGGE DEVELOPMENT. me. - APPROVED Pursuant to the Frederick County Code, Chapter 86, Festivals; Section 86-3 C, the Child- Parent Center submitted an application for a festival permit. The promoter, The Exchange Club Center, will hold a Chili Challenge on October 4, 1997, and the funds raised will be used for the prevention of child abuse. There was no public input. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the above festival permit 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 I ! II 417 PUBLIC HEARING FREDERICK COUNTY SECONDARY ROAD IMPROVEMENT PLAN RATING SYSTEM POLICY - PUBLIC INPUT RECEIVED ONLY Deputy Planing and Development Director Evan Wyatt presented to the board the proposed secondary road rating system. Three alternatives were presented to the board based on model runs conducted by the planning staff and are on file in the county administrator's office. The first alternative demonstrated the results of the model run of the proposed rating system to all roads currently on the plan. The second alternative demonstrated the results of the model run of the proposed rating system to all roads currently on the plan and separated into three classifications. The last alternative demonstrated the same results as number two less the top four projects on the current plan in which VDOT had acquired the right-of-ways. The board was asked to provide direction for resolution to this proposal as the approved policy would be used for the update of the 1998-1999 Frederick County Secondary Road Improvement Plan. This plan would be presented to the board in December following public hearings with the Transportation Committee and Planning Commission. Mr. Wyatt further advised the board that on page 3 of the plan Project 4's advertisement date was projected for July 2000 and right-of-way acquisitions had not been obtained for Projects 5 and 6 even though advertisement dates were listed. Bernice Monts!Omery. Gainesboro District: She stated she had been waiting for 18 years for improvements on 695. She asked the board to keep the first four hard surface road improvement priorities on the current list and then use the new rating system on the remainder of the roads for the new plan. Scott Bovd. Back Creek District: He asked the board to support the new rating system as prepared by VDOT and the planning staff. He felt a lot of work had gone into the new plan and felt it was in the best interest of the county. Larry T. DeHaven-Dawson. Back Creek District: He advised the board that he had attended various meetings with VDOT officials, the Transportation Committee, and the Planning Commission. He felt the problem with the plan was poor planning and asked the board to consider the following to make the county roads safer, hard surfaced sooner, and at less cost than what the county was spending now: 1) Because of the number of accidents, including deaths, he asked that the current staff get additional training or be replaced; 418 2) If and when Virginia's pave-in-place statute goes into effect, he asked that the Frederick County Code be amended to require all developers of new residential subdivision to pave in place from the entrance to the proposed subdivision to the closest paved point of the secondary road serving the subdivision; 3) Take the politics out of the secondary road improvements for Frederick County. He requested the board's approval of the new rating system and to stop allocating road money based on the needs of their families and personal friends. Arend L. Nydam. Gainesboro District: He asked the board to approve as the top priority the roads that had already acquired the necessary right-of-ways. He felt it was unfair to move improvements for 692 down on the list as he had been waiting for years and for some reason or another this project always got pushed back. The residents on this road hadworked with the system and now he felt it was time for the system to work with them. He felt his road was just as dangerous as anyone else's road and resented the statements made that this was a political issue in grandfathering the first four priorities on the current plan. Hans R. Nydam. Gainesboro District: He asked the board to leave the first four roads on the 1997-1998 Hard Surface Road Improvement Plan as it was initially proposed on the 6- Year Plan and then phase-in changes, when needed, after these road improvements were made. He believed a lot of work had already been performed on the present top ranked priorities and did not want to see the money nor time invested wasted. He felt his road, Route 692, was just as dangerous as anyone else's road and had just as much right to be near the top of the road improvement plan as any other road. Karen Garrett Leeee. Back Creek District: She is a resident of Route 625 (ranked third on the list) and stated she has been waiting for 20 years for this road to be improved. She advised the board that they had already given the required land to widen this road and asked the board to consider this information when they made their decision. Raymond Stelzl. Back Creek District: He is a resident on Fishel Road and 18 families reside on this road. They are currently twenty-sixth on the current improvement plan and Mr. Stelzl requested that whatever decision the board made that this road not be ranked any lower than what it is now. The road is in such poor shape that vehicles are damaged each time they travel this road. He asked the board for help in getting the necessary improvements to make this road at least passable ifhard surfacing wasn't an option at this time or in the near future. 419 Nancy Hollis. Back Creek District: She expressed concern with Route 629 in that she felt this road was unsafe for school buses and safety should come first. Tom Hollis. Back Creek District: He expressed concern with Route 629. He asked the board to approve the new rating system. He felt the new plan was fair and was the best way to spend the taxpayers' money. He asked the board to put politics aside and go with what was best for the county. The rating system would keep up with the growth in Frederick County. Bruce Armstrone. Back Creek District: He expressed concern with the board not approving the new rating system. He did not believe it was fair and logical to go ahead with the present plan's first priorities and felt tax dollars should be spent where they were most needed. He asked the board to do what was best for the county. He believed right-of-way agreements have been obtained for roads other than the present top four priorities and all right-of-ways had not been obtained for the top four and stated this information could be verified by VDOT. Ron Rhodes. Back Creek District: He expressed concern with Route 629 and felt the board should approve the new rating system and the reprioritization of the road surface improvement plan. He asked the board to put politics aside and felt there was no rationale in grandfathering any of the projects on the present plan whether it be number 1 or number 15. He asked the board to do what's best for Frederick County and look at the facts of the reprioritization. Barbara Jean Burrouehs. Opeauon District: She asked the board to approve Alternative Nwnber 1 modified by the retention of the top four projects on the current road plan as she felt this was the most equitable solution for all citizens. She felt Alternatives 2 and 3 as presented were too confusing and unnecessary. Vi'1:inia DeHaven-Dawson. Back Creek District: She expressed concern regarding Route 629 in that she had faced death many times on this dangerous road and asked the board to consider the new rating system. End of Public Hearing Items. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the board retired into executive session in accordance with the Code of Virginia, 1950, as amended, Section 2.1-344, Subsection A(3) to discuss disposition and acquisition of real estate. 420 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 WITHDREW FROM EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sf., the board withdrew from executive session. The above motion was passed 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 W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the board reconvened into regular session and certified 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 UPON MOTION MADE BY ROBERT M. SAGER, SECONDED BY CHARLES W. ORNDOFF, SR., AND PASSED UNANIMOUSLY, THE BOARD OF SUPERVISORS ADJOURNED AS THERE WAS NO FURTHER BUSINESS TO DISCUSS. James L. Lon erbeam Chairman, Board of Supervisors Jo R. Riley, Jr. Clerk, Board of Supervisors 'I II Minutes Prepared By: Cathy . Tanner Administrative Assistant . I 11421