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October 07, 1997 Regular Meeting 422 A Regular Meeting of the Frederick County Board of Supervisors was held on October 7, 1997, at 7: 15 p.m., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT: Chairman James L. Longerbeam; Vice Chairman Richard C. Shickle; W. Harrington Smith, Jr.; Charles W. Orndoff, Sr.; Robert M. Sager; and Margaret B. Douglas. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by Reverend Carl E. Moore of the Winchester Church of God. ADOPTION OF AGENDA Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the agenda was adopted as presented by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye CONSENT AGENDA Mr. Riley suggested the following tabs for approval under the consent agenda: 1. Cancellation of Board Meetings Due to 1997 Holiday Season - Tab C; 2. Proclamation Re: Elizabeth C. EnglelFriends of Handley Regional Library Week - Tab D; 3. Parks & Recreation Commission Report - Tab L; 4. Landfill Oversight Committee Report - Tab N. The above consent agenda was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye CITIZEN COMMENTS Chairman Longerbeam explained that the Secondary Road Improvement Plan Rating System Policy will be heard later on the agenda; however, if any citizen had anything new to add they could 423 address the Board at this time, otherwise no, as the public hearing on this plan was conducted at an earlier meeting. Bruce Armstrong, Back Creek District, told the Board that he felt from the last public meetings it is obvious that their minds are made up. He feels the Board needs to get on with the business of the county. Vote for the plan you want, and move on to the next level. The county needs to look for alternative sources of funding and in doing so assign a team and start an action plan to achieve this goal. The Board needs to expand their vision and address problem areas before they become problems, in another words become pro active rather than reactive. He would like to see a mission and vision statement that this Board would follow in making their decisions. Kelly Boyd, Back Creek District, resident of Route 629. Detailed all the effort that had gone into this rating system policy not only on behalf of the citizens, but also the planning and VDOT staff. She has a real concern with the school bus traveling this road due to the danger of the curves and overall conditions of the road. Feels that a road with eighty residents should be given a higher rating than a road with only six or eight homes. Arend Nydam, Cross Junction, wanted everyone to understand that this in no way is a political issue as has been alluded to. He has waited thirty years to have his road resurfaced and he feels the newcomers to the county should wait their turn just as he has had to do. MINUTES OF REGULAR MEETING - SEPTEMBER 10. 1997 - APPROVED Upon motion made by Charles W. Orndoff, Sr., seconded by Margaret B. Douglas, the minutes of the regular meeting of September 10, 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 DUDLEY RINKER APPOINTED TO SERVE ON CONSOLIDATION OF FIRE AND RESCUE SERVICES COMMITTEE Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., Dudley Rinker was appointed to serve on the Consolidation of Fire and Rescue Services Committee. 424 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 PEGGY O. HAHN REAPPOINTED TO THE HANDLEY REGIONAL LmRARY BOARD Upon motion made by Margaret B. Douglas, seconded by W. Harrington, Smith, Jr., Peggy O. Hahn was reappointed to the Handley Regional Library Board for a four year term. This term will commence on November 30, 1997 and expire on November 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 RICHARD W. STEPHENSON REAPPOINTED TO HANDLEY REGIONAL LIBRARY BOARD Upon motion made by Margaret B. Douglas, seconded by Robert M. Sager, Richard W. Stephenson was reappointed to the Handley Regional Library Board for a four year term. This term will commence on November 30, 1997 and expire on November 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 ELEANOR CASEY REAPPOINTED TO INDUSTRIAL DEVELOPMENT AUTHORITY Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, Eleanor Casey was reappointed to serve a four year term on the Industrial Development Authority as the representative from Shawnee District. Her new term will commence November 10, 1997 and expire November 10, 2001. The above motion was approved by the following recorded vote: , 425 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 MEETINGS OF NOVEMBER 26. 1997. AND DECEMBER 24. 1997. CANCELED DUE TO HOLIDAYS - APPROVED UNDER CONSENT AGENDA PROCLAMATION (#001-97) - ELIZABETH C. ENGLEIFRIENDS OF HANDLEY REGIONAL LmRARY WEEK - APPROVED UNDER CONSENT AGENDA PROCLAMA TION ELIZABETH C. ENGLEIFRIENDS OF HANDLEY REGIONAL LmRARY WEEK WHEREAS, the Friends of Handley Regional Library have made a major contribution to the Frederick County, Winchester and Clarke County community and to Handley Regional Library through their sponsorship of programs for children and adults in the library, their work with the First Step to Literacy Program, and through their fund-raising efforts; and and WHEREAS, the Friends are celebrating their twentieth anniversary during November 1997; WHEREAS, Elizabeth C. Engle was instrumental in the establishment of the Friends of Handley Regional Library and has been a steadfast supporter of the Friends throughout its existence. BE IT RESOLVED, that as Chairman of the Frederick County Board of Supervisors, I do hereby proclaim November 9 - November 15, 1997 as Elizabeth C. Engle/Friends of Handley Regional Library Week in Frederick County. ADOPTED this 7th day of October, 1997. PLANNING COMMISSION BUSINESS: PUBLIC HEARING ITEMS PUBLIC HEARING - CONDmONAL USE PERMIT #010-97 OF T. P. AND SUSAN GOODMAN TO CONDUCT THE FOLLOWING ACTIVITIES: SOCIAL CENTER. CATERED FUNCfIONS. TOURS. MEETINGS. OUTDOOR RECREATION. ETC. THE PROPERTY IS LOCATED AT 534 REDBUD ROAD AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 54-A-87 IN THE STONEWALL MAGISTERIAL DISTRICT - POSTPONED UNTIL BOARD MEETING OF OCTOBER 22. 1997 Andy Evans, zoning administrator, presented this request noting that planning staff recommended approval with conditions. Discussion among Board members centered around the limit on individuals that would be attending functions at this location and also the ongoing use of Porta-Johns. Kris Tierney, planning director, brought up the fact that a state maintained entrance should be required per county regulations. Pat Goodman appeared before the Board on behalf of his request. He explained that the City ,\ 426 ofWmchester would be responsible for the work to be done on the entrance way as they will also be using this entrance in order to monitor their wells; however, this will not be done right away. Mr. Smith asked Mr. Goodman ifhe would be agreeable to limiting the attendance to no more than ninety people, and any over that he would supply the porta-johns? Mr. Goodman replied that he would consider the question. Mr. Smith stated that he did not feel the county should go against what the Health Department has said, that being that their department can not approve the present system for use for more than the system is designed to handle. Mr. Shickle asked Mr. Goodman how long he had been operating a business at this location? Mr. Goodman replied for a year. Mr. Shickle asked Mr. Goodman why he was making a request for the permit at this time? Mr. Goodman responded that he was not sure; however, he was notified by the county as to what he needed to do if he wanted to continue his operation at this location. The Board discussed the letter received from the Health Department and felt there were too many unanswered questions and this request should be postponed until the next regular meeting of the Board. Chairman Longerbeam asked Mr. Goodman if he had a business license to operate this business. Mr. Goodman replied no he did not. There was no public input. Mr. Sager moved, and Mr. Shickle seconded, to postpone this conditional use permit request until the next regular Board meeting. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARING - CONDmONAL USE PERMIT #012-97 OF MICHAEL M. MILAM TO OPERATE A LANDSCAPING AND GARDEN CENTER BUSINESS. THE PROPERTY IS LOCATED AT 2186 NORTHWESTERN PIKE AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 52-A-B IN THE GAINESBORO DISTRICT - APPROVED 11427 Andy Evans presented this request to the Board noting that staff recommended approval with conditions. Chairman Longerbeam asked if any buildings had been built at the site? Mr. Evans replied no as the buildings were already there. Mr. Shickle asked Mr. Milam how long had he been in operation at this location. Mr. Milam replied since last November. Mr. Shickle asked Mr. Milam why he did not get a conditional use permit before opening? Mr. Milam replied he was not sure he needed one. There was no public input. Upon motion made by Richard C. Shickle, seconded by W. Harrington Smith, Jr., CUP #012- 97 of Michael 1. Milam was approved with conditions as noted by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARING - CONDITIONAL USE PERMIT #013-97 OF LISA A. DRINKWATER. TO OPERATE A DOG KENNEL (WITHOUT BOARDING)' THE PROPERTY IS LOCATED AT 1571 SALEM CHURCH ROAD AND IS IDEN Ill'lliD WITH PROPERTY IDENTIFICATION NUMBER 92-A-47 IN THE OPEOUON MAGISTERIAL DISTRICT - APPROVED Mr. Evans presented this request to the Board advising that staff and planning commission recommended approval with conditions as noted. Ms. Drinkwater was present on behalf of her request. There was no public input. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., CUP #013-97 of Lisa A. Drinkwater was approved with conditions 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 - ROUTE 37 LAND USE PLAN TO CONSIDER A LAND USE PLAN FOR THE ROUTE 37 WEST AREA. FROM ROUTE 522 NORTH TO ROUTE WEST. AMONG OTHER THINGS. THE PLAN RECOMMENDS THE EXTENSION OF THE SEWER AND WATER SERVICE AREA TO ENCOMPASS A PORTION 428 OF THE STUDY AREA AND IDENTlI<lES NEEDED ROAD CONNECTIONS AND IMPROVEMENTS - APPROVED AS AMENDED Mr. Eric Lawrence, planner II, presented this amended plan to the Board advising them that staff feels this proposed plan is compatible with the surrounding area and accommodates possible future land use demands. There are essentially two different proposed hind use concentrations; a Route 522 North business corridor concentration, and a Route 37 area business/office campus concentration. The staff feels that each concentration will cater to different users. Mr. Lawrence went on to explain that the Route 522 North concentration is envisioned to cater to the surrounding community and through traffic on Route 37 and 522. The Route 37 area business/office concentration would continue the business climate of the DeGrange Property, and transition into a more medical and scholastic campus environment. Rita Bowman, resident of Route 689, does not feel any additional traffic can be handled on Route 522. Chairman Longerbeam explained that this plan is looking to the future and will not be going in the direction that Ms. Bowman is concerned about. Mr. Shickle explained that he has given this plan considerable thought and feels at this time the business corridor on Route 522 North should be removed as it is too far out to even be discussed at this time. Mr. Shickle moved, and Mr. Sager seconded to approve the Route 37 Land Use Plan for the western area as presented with the exception of the Route 522 business corridor which is to be removed. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Nay Margaret B. Douglas - Nay Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye End of Planning Commission Public Hearing Items. OTHER PLANNING ITEMS: FREDERICK COUNTY SECONDARY ROAD IMPROVEMENT PLAN RATING SYSTEM POLICY - APPROVED Mr. Evan Wyatt, assistant planning director, presented this plan to the Board and in doing so II Ii II II I i I 429 presented what had transpired concerning public hearings, etc. He stated that this plan was before the Board tonight for their vote. Mr. Sager asked how often would a review be done of the top rated roads? Mr. Wyatt replied that for various reasons he did not feel this would be done on an annual basis. Mr. Sager stated that he did not feel the citizens in his district would be gaining anything with this new rating plan. He understands and appreciates those citizens that have waited many years for improvements to their roads and he agrees that the top four should be given approval; however, he has citizens whose homes have been on dirt roads for a long time and will continue to be in that same position for a long time. Chairman Longerbeam stated that he feels there are a number ofissues involved here. Growth is an issue and the closer a road is to a school the better your chances are of having your road improved. Mr. Shickle moved and Mrs. Douglas seconded to approve the following four top road improvements and Alternative # I : 1. Route 695 2. Route 692 3. Route 625 4. Route 633 Alternative #1 demonstrates the results of the model run of the proposed rating system to all roads currently on the plan. 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 - Nay Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye CONTRACT SUPPLEMENT FOR ROUTE 37 ENVIRONMENTAL IMPACT STUDY - APPROVED Mr. Kris Tierney, planning director, presented this contract supplement request to the Board explaining that this comes about as a result of a number of factors with two of the more significant factors being as follows: 1. The acceptance of the Draft EIS by the Federal Highway Administration (FHWA) required the completion and submittal of a FEIS within three years. This three year 430 window closed on March 32, 1997. As a result, the County now has to prepare a "Re- evaluation" which essentially documents any changes in conditions affecting the proposed extension. 2. Archeological field work which was conducted in 1991 was not adequately documented by the team conducting the work. (The individuals preparing this work were not affiliated with Maguire and Associates or Baker, and are no longer involved with the project.) In an effort to satisfy requirements of the Virginia Division of Historic Resources, additional field work has to be conducted in order to verify conclusions drawn as part of the original archeological investigations. Mr. Kris Lloyd of Michael Baker, Jr., Inc. was present and appeared before the Board to answer their questions. Mr. Shickle asked for clarification of Page 3, Appendix A. Together Mr. Tierney and Mr. Lloyd attempted to clarify this for Mr. Shickle. Chairman Longerbeam expressed his displeasure in the time lapse since March 1997 and what needed to be accomplished with this project has not. He feels there is no excuse for what has happened. His directive to those involved was any change the Board needs to know at that time, if it means by fax then make sure the information gets faxed. Mr. Sager asked how much money does the county have in this project as of this date? Mr. Tierney replied $1.3 million; however, all of this will eventually come back to the county. Mr. Orndoff asked if the plan was South 37 to Route 7 or South 37 to Interstate 81 interchange? Mr. Lloyd replied it would be South 37 to Interstate 81 to complete the plan and to Route 7 in the first phase. Mr. Shickle asked if there were any duplication of expenditures? Mr. Lloyd replied no. Upon motion made by W. Harrington Smith, Jr,. seconded by Margaret B. Douglas, the contract supplement in the amount of$191,686.00 for Route 37 Environmental Impact Study 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 I' I I II 11431 JOINT FREDERICK COUNTY/STEPHENS CITY PLANNING COMMITTEE - MEETING OF SEPTEMBER 30.1997 - RECEIVED AS INFORMATION The committee met on Tuesday, September 30th, at which time the town proposed hiring a consultant to conduct an annexation study, as would be required by the Commission on Local Government (COLG) for approval of an annexation agreement. County representatives suggested that this might be premature and that a consensus should be reached on general land use in the areas directly west and south of the Town prior to any study. It was agreed that the planning staff would develop a bubble map indicating proposed future land use for the area. This would be presented for discussion at the next committee meeting. Supervisor Sager stated that he was interested in trying to resolve the proposed boundary line adjustments (BLA) for the three smaller areas that had previously been identified and discussed. The Mayor stated that he was sure the town council would not agree to any BLA in these areas until there was a commitment on the larger question of annexation. It was agreed that the county would again contact the COLG in order to try and arrange for a staff person to come and discuss the annexation process at a committee meeting. It was also agreed that board and council members should be invited to this meeting once it has been arranged. The next meeting of the Committee is scheduled for October 28, 1997. End of Planning Commission Business. COMMITTEE REPORTS: PARKS AND RECREATION COMMISSION REPORT - MEETING OF SEPTEMBER 16. 1997 - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on September 16, 1997. Members present were: Robert Roper, Charles Sandy, Robert Hartman, Jane Vickers, Timothy Hockman, and Margaret Douglas. The following items were submitted for the boards information only: 1. Fee Waiver Reauest from United Way Mr. Sandy moved to deny the request for waiver offield use fees, seconded by Mr. Hockman. Bya show of hands, the motion passed 3-0). Abstained: Hartman, Spitzer, Vickers. EMERGENCY COMMUNICATIONS COMMISSION SEPTEMBER 15.1997 MEETING OF Mr. Sager presented this report. The Frederick County Emergency Communications Commission met on Monday, September 15, 1997 at 4:30 p.m. Present were Committee Members Bob Williamson, Frank Spurr, Jr., and H. Perry Silva. Also present were Public Safety Communications Director John Webb, Fire and Rescue Director Thomas Owens, and members of the media. The following items were discussed and require the boards action: 1. By-Laws Committee - By Laws Approved Mr. Spurr, Sheriff Williamson, and Mr. Shickle, representing the board of supervisors, met in regard to the By-Laws and revisions have been completed (see Attachment). Mr. Perry Silva made a motion that the commission accept the revised By-Laws and that the By-Laws be sent back to the board of supervisors for their approval. This motion was seconded by Mr. Frank Spurr. This motion 432 was unanimously approved. Upon motion made by Robert M. Sager, seconded by Richard C. Shickle the By-Laws as presented by this committee be approved. 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 boards information only: 1. CAD Status All CAD equipment is now in and the systems were installed Monday, September 8th. Both file servers, the one in the sheriffs department and the one in the city, are up and the data communications link is working. System administrator and system manager training was conducted on September 9th and 10th which Mr. John Webb attended. 2. Administrative Assistant Position On September 10th the position for the administrative assistant closed and we have received approximately 50+ applicants for this position. Ten of the most qualified applicants have been chosen to test for this position. Upon completion of the testing, five will be selected for interviewing from which an administrative assistant will be selected. This person is not expected to come on board before the end of September possibly the first part of October. 3. Architectural & Enl!ineerinl! RFP Status Reader and Swartz were asked to break out the cost of their proposal for the provision of architectural and engineering services. Reader and Swartz had provided a turn key cost but have been asked to break out the design only cost, so that figure can be reviewed. This request was granted and the figure came to $36,000. Mr. Strawsnyder is comfortable with this. Mr. Riley was notified of this information and an agreement has been signed with the architect. The architect has begun the general work plans and Mr. Webb is awaiting a set of drawings. There was brief discussion on anticipated completion dates. There was discussion on departments which have items stored in the basement and what is to happen with those things. Mr. Webb has had a discussion with Mr. Riley on this and how it will be handled but there have been no discussions with the various departments as of yet. This is something that probably should be dealt with very early in the process. Mr. Webb will follow up with Mr. Riley on this matter. 4. Upl!rade Status There have been several discussions referencing upgrades. Mr. Spurr is now in the process of developing the license requirements and at the same time reviewing all of the services that will be required from an RF, radio frequency, basis which includes into and out of the communications center. All of the mobile and portable radioltelephone communications requirements are being reviewed also. There was a brief discussion on the license presently held on the low band frequency and the Frederick County Middle School transmitter site and what is going to happen with this tower. :1 - I 11433 5. Meetinl! Date The next meeting date of the commission will be Monday, September 29, 1997 at 4:30 p.m. LANDFILL OVERSITE COMMI'lTEE - MEETING OF SEPTEMBER 23. 1997 - APPROVED UNDER CONSENT AGENDA A Landfill Oversight Committee meeting was held on September 23, 1997, with the following members/personnel in attendance: John R. Riley, Jr., Charles W. Orndoff, Sr., and Jim Wilson representing Frederick County; Gary Lofton, Mike Noel, and Craig Sewell representing the City of Winchester; David Ash representing Clarke County; Steve Frye, landfill manager; Ron Kimble, environmental technician; and Ed Strawsnyder, director of public works for Frederick County. A copy of the meeting agenda is attached. Based on this agenda, the following discussions and/or decisions were made: 1. Election of a Committee Chairman A motion was made by Charles Orndoff and seconded by David Ash to nominate Jim Wilson as chairman of the Landfill Oversight Committee. Mr. Wilson was elected by a unanimous vote. At this point, he assumed the chairmanship and conducted the remainder of the meeting. 2. Review of Year End Exoenditures and Revenue All committee members were presented copies of the end of year expenditures in their agenda packets. During the meeting, members were also given copies ofthe end of year revenue report. The landfill expenditures for FY 96/97 were $2,816,022.79 while the generated revenue was $4,686,000. Mr. Strawsnyder explained that the difference between the expenditures and actual revenue include the following: post closure costs, $528,000; carry forward projects, $780,000; contingencies, $340,000 and actua1 savings. Except for the carry forward projects which are included in this years budget and the post closure cost which is placed in a trust fund, the remaining funds are transferred into retained earnings. To date, retained earnings approximate $8,900,000. The current trust account for post closure includes approximately 1.4 miIlion dollars which is exclusive of this years $528,000. 3. Undate on Construction/Demolition Debris Landfill Mr. Strawsnyder informed the committee that construction on the CDD landfill has begun and that completion of the first four acre cell is expected by the end of the year. Perry Engineering was awarded the contract for this first cell for the low bid price of$589,000. They mobilized on site and began rough grading approximately three weeks ago. It was noted that this bid by Perry Engineering came in under the engineers estimate of $650,000. Approximately 30 percent of the current waste stream is construction debris and can be diverted from the sanitary landfill. This would extend the life of the sanitary landfill. It was also noted that the cost per acre to develop the CDD landfill is substantially less, due to the fact that regulations for this type facility are not as stringent as sanitary landfills. CDD landfills are not required to have composite liner systems. They also only need to be covered back weekly. Gas monitoring is not required in a CDD landfill. Also, the post closure care period is much shorter. A public hearing will be held by the Department of Environmental Quality on October 23rd before issuing the final facility permit. 4. Discussion of the Tire Shreddinl! Prol!ram The landfill now participates with the Lord Fairfax and central Planning Districts in a program to chip used tires. Currently the landfill charges 80 cents per passenger car tire and two dollars per truck tire for disposal. These charges cover the costs of chipping the tires only. The original estimate for tires generated in the landfill service area was 100,000 tires yearly. However, to date, we are 434 receiving only about 55,000 tires annually. The tires that are chipped at the landfill are stockpiled and used for daily cover or drainage layers in landfill development. Landfill personnel are currently keeping track of another possible outlet for used tires. A cement kiln n the Martinsburg area is trying to get permitted to bum whOle tires. In preliminary discussions with the facility, it has been determined that it may be more economical to dispose of tires at the cement kiln. The committee will be kept advised of any developments in this area. 5. Installation of Additional Groundwater Monitorin2 Wells All committee members were given copies of a letter written by DEQ personnel and the response to that letter. Landfill personnel and the public works director were surprised at the letter from DEQ for several reasons. The main reason being that the groundwater monitoring plan currently in effect at the landfill was reviewed by the department and found to be sufficient. It is this monitoring plan that the state incorporated into our facility permit. Upon discussion, Ed Strawsnyder wrote a response indicating that Frederick County would be willing to modify the facility groundwater monitoring plan on a voluntary basis ifDEQ provides the following: - 1) Written acknowledgment that Frederick County has operated in strict accordance with permit 529 as related to groundwater monitoring, 2) An apology for failing to review previous annual groundwatering monitoring reports in a timely manner, 3) A waiver of all fees associated with implementing a major permit amendment to number 529, and 4) A commitment to provide a timely review of a modification to our groundwater monitoring program. 6. Discussion of Tiooin2 Fees for FY 1998/99 It was noted that landfill personnel do not anticipate an increase in tipping fees for the upcoming fiscal year for the MSW landfill. The tipping fee for the new CDD landfill was discussed with an emphasis on lowering the rate below the current $38/ton for comritercial refuse. Mr. Riley suggested $28/ton. This number will be evaluated prior to final approval. The idea of having the CDD tipping fee set lower than the commercial rate was appealing to the coI11mittee. Reasoning behind setting the rate lower was to give the contractors incentive for separating construction debris from other refuse. The discussion was left open with the idea of letting the landfill determine appropriate fees. PUBLIC WORKS COMMITTEE - MEETING OF SEPTEMBER 30. 1997 Mr. Orndoff presented this report. The Public Works Committee met on Tuesday, September 30.'997, at 7:30 a.m. Present were board members Charles W. Orndoff, Sr., and W. Harrington Smith, Jr., committee members Jim Vickers, George Ludwig, and Tun Wilson; County Administrator John R. Riley, Jr., Landfill Manager Steve Frye, and Director of Public Works Harvey E. Strawsnyder, Jr., P.E. The following items were discussed and required the boards action: 1. Proiect to Clear 11 Acres at Bass Hoover Elementary School - Aooroved ., - In response to a request from W. Harrington Smith, Jr., the director of public works presented a cost estimate to clear, grub and seed the approximate 11 acre wooded area attached to the Bass Hoover Elementary School property. This project had previously been approvtd and funded in February 1996. However, because the final disposition of the propertY'.was in question, it was decided to postpone the project. The funding was returned to the general fund. The proposed cost to clear, grub and seed the wooded acreage is $24,420. It is anticipated that the work will be performed during the winter months when the trees and brush can be burned on site with a minimal impact on the surrounding residential neighborhoods. Seeding will be performed in early spring. A motion was made by W. Harrington Smith, Jr., and seconded by George Ludwig to approve the request. The motion was unanimously approved. A supplemental appropriation will be required (see Attachment 1). Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 2. Refuse Collection Contract - Aooroved The director of public works presented a request to exercise a one (1) year contract extension for the current refuse collection contract with Browning Ferris Industries (BFI). The existing contract was established with a five (5) year time period and will expire on December 31, 1997. The contract has a provision for a one (1) year extension beyond the five (5) year contract. If Frederick County agrees to exercise the one (1) year extension, BFI has agreed to maintain their current unit rates without implementing the CPI increases allowed by the contract. We believe this agreement would be beneficial to Frederick County. It would also allow us to consolidate the current recycling contract which expires in 1998 with the refuse collection contract. A motion was made by W. Harrington Smith, Jr., and seconded by Jim Wilson to approve the one (1) year contract extension. The motion was unanimously approved. Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye The following items were discussed and submitted for the boards information only: 1. Comoletion of County Parkin!! Lot The director of public works presented a cost estimate to complete the renovation of the existing parking lot serving the county office complex. The renovation will include demolishing the existing undersized entrances, adding two (2) new entrances which meet current standards, adding new traffic islands, overlaying a portion of the lot, instaIling parking lot lighting, converting the power from overhead to underground and landscaping. The project will also include the construction of a storage building and attached dumpster enclosure. A budget of $89,539 was presented to the I I II II 435 436 committee for their review. However, after discussing the project at length, a decision was made to solicit bids for the various phases of the project and present these bids to the committee for their review and approval prior to requesting funding. This approach was unanimously approved by the committee. In all probability, the project will be completed in the spring because of the anticipated closing of the local asphalt plants in late November (see Attachment 2). 2. Architectural/Enl!ineerinl! Prooosals for Desi!!n of New Librarv The director of public works requested three (3) volunteers from the committee to review Request for Proposal (RFP) submittals for the design of the new Frederick County library. These volunteers will ultimately serve on a final selection committee in conjunction with representatives from the Handley Library. The following committee members volunteered to serve on the review and selection committee: George Ludwig, ftm Wilson, and Jim Vickers. Copies of the twelve RFP submittals were provided to each volunteer in conjunction with a copy of the original RFP and a rating sheet. A selection committee meeting has been scheduled for October 6, 1997, at 2:00 p.m. in the first floor conference room. 3. Uodate on Killdeer Road Draina!!e The director of public works presented a progress report for the Killdeer Road drainage improvement project. To date, the installation of the new culvert and the associated rough grading has been completed. These improvements have greatly improved the storm drainage in this area. Fine grading and landscaping are the only remaining items left to be completed. It is anticipated that the total project will be completed by October 12, 1997. 4. ReDairs to Old Courthouse Our staff has recently discovered deterioration in the cupola of the Old Courthouse. It appears that this deterioration is confined to the slats in the cupola vents. Preliminary evaluations indicate that the deteriorated slats should be replaced with redwood. The full extent of the deterioration has yet to be determined. A motion was made by George Ludwig and seconded by Jim Wilson to proceed with the repairs as soon as possible. In all probability, the repairs will be performed on a time and materials basis. 5. Miscellaneous ReDorts a. Tonnage Report (see Attachment 3). b. Animal Shelter Cat Report (see Attachment 4). c. Animal Shelter Dog Report (see Attachment 5). JOINT FINANCE COMMITTEE - MEETING OF SEPTEMBER 22. 1997 - PRESENTED FOR THE BOARD'S INFORMA nON Mr. Riley presented this report to the Board. The Joint Finance Committee met on Monday, September 22, 1997, 7:30 A.M., in City Council Chambers, Rouss City Hall. Present were President of City Council Harry Smith, Councilman Jerry Partlow, City Manager Edwin C. Daley, Board of Supervisors Chairman James L. Longerbeam, Supervisor W. Harrington Smith, Jr., County Administrator John R. Riley, Jr., and County Finance Director Cheryl B. Shiffler. 1. Federal Government Telecommunicatin!! Center Contract Extension I: I I 437 Director of Economic Development June Wilmot advised the Joint Finance Committee that the Federal Government had authorized a one year contract extension to fund the Telecommunicating Center located on the Loudoun Street Mall. This issue was for information only (see Attached) 2. Airoort Issues Acting Director Renny Manuel presented the following issues for consideration by the Joint Finance Committee: 1. No new capital projects will be undertaken until full approval received from the Joint Finance Committee, Board of Supervisors and City Council. 2. Only continuing project is land acquisition for runway protection zone. This is currently being funded 90% Federal, 8% State and 2% local. 3. The project for security fencing is being treated as a carry forward project from last fiscal year. That project is funded 80% from State, 20% from the locals. 4.Capital request in 97-98 airport budget is 1.4 million dollars of which $168,750 is local share. 5. Supplemental request currently pending should be disregarded by Joint Finance Committee. Those requests will be resubmitted to the Airport Authority for further discussion and recommendation. 6. There was no support to fund a commercial air carriers promotional budget. 3. Joint Judicial Center Requests: Attached are requests for reallocation and construction of office space within the Joint Judicial Center. Joint Finance Committee requested that the city manager and county administrator meet with Judge Wetsel to discuss same (see Attached). Implementation of Security Measures at the Joint Judicial Center Committee members expressed some concern over implementation of the suggested staffing plan for security monitoring and suggested that the county administrator and city manager meet with Judge Wetsel to discuss same. The county administrator advised the Joint Finance Committee that these items will go to county committees. 4. Joint Finance Committee Meetin2: Schedule The Joint Finance Committee will meet sometime during the week of December 15, 1997 to consider year end reports from audited financial, first and second quarter reports, and 98-99 budget requests. Joint Finance Committee agrees all agencies should be billed on a quarterly basis. FINANCE COMMITTEE - MEETING OF OCTOBER 2. 1997 Mr. Smith presented this report to the Board. The Finance Committee met in the first floor conference room at 107 North Kent Street on Thursday, October 2, 1997 at 8:00 a.m. Committee member Nicholas 1. Nerangis was absent. The agenda items are as follows: 1. The Fire and Rescue Director Requests That the Westminster Canterbury Funds Beinl! Received Be Given to the Fire and Rescue Association Instead of Bein2: Included in General Fund Revenue - Approved 438 The committee had no recommendation. Mr. Orndoff moved to leave the funds in the General Fund. There was no second to this motion. Mr. Smith moved, and Mr. Sager seconded, that the funds be distributed to the various companies. Mr. ShicIde explained that he has some concerns about the route this is going; however, he would like for the final result to be in the same place where Mr. Smith is. Mrs. Shiftler, finance director, explained how this would work in lieu of taxes. Mr. Sager addressed the area of proffers. Mr. Riley explained that staff is working on a policy dealing with proffers. Mr. Orndoff stated that it was his understanding that some of the funds from Westminster Canterbury were to go to the Sheriff's Department. Mr. Riley explained that was correct. 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. ShicIde - Aye Charles W. Orndoff, Sr. - Aye 2. The Fire and Rescue Director Requests That the Donations to the Fire Companies Be Continued on an Annual Basis Instead of the Ouarterlv Fundine: Method That Was Approved bv the Finance Committee at Their Aue:ust Meetine: - Under Advisement Staff was directed to check with the companies to see how long it will take them, in terms of years, to adjust to a quarterly payment system. 3. The Fire and Rescue Director Is Askine: for Direction on the Requirement That the Fire Companies Have Audited Financial Statements - No Vote At This Time The committee recommended working on a phase-in of this program and also get feedback from the companies as to the financial impact of requiring financial statements being performed by an independent auditor. ;; 4. The Finance Director Will Review the Monthlv Financial Report for Month Endine: Aue:ust 31.1997 See attached memo, P. 1-2 5. 11439 This amount represents a Crime Prevention Grant that has been approved. No additional local funds are needed. See attached memo, p. 3-8. The committee recommends approval. Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shickle, the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 6. The Extension Office Reauests a General Fund Suoolemental Aoorooriation in the Amount of $2.797.29 - Aooroved This amount represents a carry-forward and is needed as follows: 1) $597.29 is made up of revenue received in FY 1997 but not allocated to the Extension budget; and 2) $2,200 is needed to update a computer system and to purchase additional storage units. See attached memo, p. 9. The committee recommends approval. Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shickle, the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 7. The School Finance Director ReQuests a School Bud2et Adiustment in the Amount of $72.114.70 - Aooroved This adjustment is due to the receipt of Federal revenue being greater than anticipated. No additional local funds are needed. See attached memo, p. 10-11. The committee recommends approval. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 8. The School Finance Director Reauests a Redbud Run Elementary School Caoital Proiect Fund Suoolemental Aoorooriation in the Amount of $37.550.59 - Aooroved This amount is needed to pay for half the cost of the traffic light at Redbud Run Elementary School. This expense will be paid with bond proceeds, therefore, no local funds are needed. See attached memo, p. 12-14. The committee recommends approval. 440 Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 9. Financial Policies and Guidelines - No Vote For some time, the Finance Committee has requested that written financial policies and guidelines be drafted for Frederick County. The committee requested that staff prepare these guidelines and to submit to the Finance Committee for their consideration and approval. See attached p. 15-20. This item has been tabled until the November meeting. 10. Fiscal A2ent Policies - No Vote The Fiscal Agent Policies discussed at last months meeting are being resubmitted for the committees consideration. See attached memo, p. 21-22. This item has been tabled until the November meeting. 11. The Economic Development Director ReQuests a General Fund Supplemental Ai>'fi~priation in the Amount of $36.000 - Approved '.. ; This amount is needed to continue the lease on the Shenandoah Valley Telecommunications Center through December 1997 which is when a new contract is expected. Funds are expected to be received from GSA for this expense. See attached memo, p. 23-25. The committee recommends approval. Opposed: Supervisor Shickle. '. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 12. The School Finance Director ReQuests a School Bud2et Adiustment in the Amount of $139.480.49 - Approved This is the amount of the remaining balance for educational technology due to us by the VIrginia Department of Education. No additional local funds are needed. See attached memo, p. 26. The committee recommends approval. Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye ii I' I I' ,I 11441 Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 13. The School Finance Director Requests a School Bud2et Adiustment in the Amount of $52.293 - Approved This adjustment is due to an increase in estimated state and local funds for the Regional Adult Education program. No additional local funds are needed. See attached memo, p. 27-31. The committee recommends approval. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 14. The Parks and Recreation Director Requests a General Fund Suoolemental Aoorooriation in the Amount of $204.053 - Aporoved This amount represents a carry-forward and is needed to complete the pedt(strian/bicycle facility being constructed through an ISTEA grant. See attached memo, p. 32. The committee recommends approval. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 15. The Parks and Recreation Director ReQuests a General Fund Suoplemental Aoorooriation in the Amount of $84.000 - Aooroved This amount represents a carry-forward and is needed as follows: 1) $30,000 for the repair and caulking at both swimming pools; and 2) $54,000 to replace playground equipment at several fire companies. See attached memo, p. 33. The committee recommended funding these expenses with the remaining proffer funds. Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 442 16. The Director of Finance and the 911 Communications Center Director Requests a General Fund SUDDlemental ADDroDriation in the Amount of $80.000 - ADDroved The funds are anticipated to be collected in the current year and need to be appropriated to help fund the centers start up costs. No additional local funds are needed. The committee recommends approval. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager,' the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shiclde - Aye Charles W. Orndoff, Sr. - Aye The following items were discussed and submitted for the boards information only: 1. The Fremont Street Nursery and Northwestern Workshop, Inc. have sent letters of appreciation to Frederick County for FY 1998 funding and acknowledgment of quarterly funding. See attached letters, p. 34-35. 2. Attached is a letter of appreciation from the Winchester Volunteer Rescue Squad for Frederick County's FY 1997-98 donation. See attached letter, p. 36. BOARD OF SUPERVISORS COMMENTS Mr. Shickle stated that he felt the comments made by Bruce Armstrong at the beginning of the meeting had some merit, and he felt perhaps some of these suggestions could possibly be implemented by the Board. Mr. Sager stated that it is very difficult to vote no on some issues as he did with the secondary road rating system, but this reflects the feelings of the many constituents he heard from concerning this issue as they felt they needed to move forward and not backward. Mr. Smith noted that on the list of paved roads there is only one in Shawnee District. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr, seconded by Charles W. Orndoff, Sr., the board retired into executive session in accordance with the Code of Virginia, 1950, as amended, Section 2.1-344, Subsection A,(3), to discuss Acquisition and Disposition of Real Estate. The above motion was passed by the following recorded votes: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye 443 Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the board withdrew from executive session. The above motion was passed by the following recorded votes: 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 THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, TillS MEETING IS HEREBY ADJOURNED. ~"'-----"'" . <<~~/-t~~~ C. James L. Longerbeam Chairman, Board of Supervisors ~;(?f Joh Riley, Jr. Clerk, Board of Supervisors Minutes Prepared By: I'A.~)_ J7 \.~. J-,_ /1) Carol T. Bayliss I Deputy Clerk, Board of Supervisors