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October 22, 1997 Regular Meeting 444 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, October 22,1997, 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 Board Member Robert M. Sager in absence of a minister. 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. Memorandum Re: Columbus Day Office Closing - Tab C; 2. Scheduling of Public Hearing Date for Planning Commission Items - Tab D; 3. Emergency Communications Commission Report - Tab M; 4. Law Enforcement and Courts Committee Report - Tab N. Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, the 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 No one appeared before the Board at this time. I I 445 MINUTES OF REGULAR MEETING - SEPTEMBER 24. 1997 - APPROVED Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the minutes of the regular meeting of September 24, 1997 were approved as submitted by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye MINUTES OF REGULAR MEETING - OCTOBER 7.1997 - APPROVED Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, the minutes of the regular meeting of October 7, 1997 were approved as submitted by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye COMMITTEE APPOINTMENTS S. BLAINE WILSON REAPPOINTED TO COUNTY PLANNING COMMISSION Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, S. Blaine Wilson was reappointed to the County Planning Commission from Shawnee District for a four year term. This term will commence on October 22, 1997 and expire on October 22, 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 S. VONDY REAPPOINTED TO CHAPTER 10 BOARD FROM BACK CREEK DISTRICT Upon motion made by Margaret B. Douglas, seconded by W. Harrington Smith, Jr., Frederick S. Vondy was reappointed to the Chapter 10 Board from Back Creek District for a three year term. This term will commence on January 1, 1998 and expire on December 31,2000. 446 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 MEMBER W. HARRINGTON SMITH. JR.. REAPPOINTED TO THE LORD FAIRFAX PLANNING DISTRICT COMMISSION Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., Board Member W. Harrington Smith, Jr., was reappointed to the Lord Fairfax Planning District Commission for a four year term. This term will commence on January 1, 1998 and expire on December 31,2001. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Abstained Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye REOUEST FROM THE FREDERICK COUNTY ADMINISTRATOR TO REINSTATE COLUMBUS DAY AS HOLIDAY FOR COUNTY EMPLOYEES- APPROVED UNDER CONSENT AGENDA PUBLIC HEARING DATE SCHEDULED FOR PLANNING COMMISSION ITEMS - APPROVED UNDER CONSENT AGENDA The planning department requested November 12, 1997, as the public hearing date for the following items: 1. Proposed Amendments to Chapter 165, Zoning, Article IV, Supplemental Use Regulations, Section 165-48.3, and Article X, Business and Industrial Districts, Section 165-82.B, B2 Business General District, of the Frederick County Code. 2. Proposed Amendments to Chapter 165, Zoning, Article IV, Supplemental Use Regulations, Section 165-23, Setback Requirements, Section 165-27, Off-Street Parking; Parking Lots, Section 165-29, Motor Vehicle Access, Section 165-30, Signs, Section ]65-35, Nuisances, Section 165-36, Landscaping, Section 165-37, Buffer and Screening Requirements, Section 165-47, Landfills, Junker's, Trash Disposal and Inoperable Vehicles, and Section ]65-48.7, Utilities; and Article XXI, Definitions, of the Frederick County Code. REOUEST FROM THE ACTING DIRECTOR OF THE WINCHESTER REGIONAL AIRPORT FOR A CAPITAL SUPPLEMENTAL APPROPRIATION. IN THE AMOUNT OF $179.164 TO FUND CARRY FORWARD PROJECTS NOT COMPLETED - APPROVED Mr. Smith moved and Mrs. Douglas seconded to approve the above request. Mr. Shickle asked if the items of dispute concerning capital projects and accumulated deficits II 1447 have been resolved with the City of Winchester and the necessary funding received? Mr. Riley replied that funding has not been received; however, staff has been notified, by memo, that the city has approved the capital for 1996, and that the remaining requests will be going to the city's appropriate committees this week. County staff is assuming the capital projects will be paid and that the city is just a little behind the county in approving these expenditures. He further explained that to the best of his knowledge they are still in arrears some $21,000 with the operation deficit. Mr. Shickle asked when the capital funds were approved? Mr. Riley replied at the last council meeting, and it is his understanding, that a City Finance Committee meeting is scheduled for October 31. Mr. Shickle asked Mr. Riley if he was referring to this capital as 1996 projects? Mr. Riley replied yes. Mr. Shickle asked what year the projects listed in the agenda apply to? Mr. Riley explained that these are projects that have received approval and are being carried forward. Mr. Shickle asked if they are one in the same? Mr. Riley referred this question to Finance Director, Cheryl Shiftler. Ms. Shiftler explained that the projects were budgeted in 1997 and a request is being made to carry these forward to 1998. Mr. Shickle asked if they have been approved by the city? Mr. Shiftler replied that these changes have not been approved and it is her understanding they will be going to the City Finance Committee at their next meeting. Mr. Smith advised the Board that he has been informed, not in writing, that the capital amount owed to the county will be paid by the city. Mr. Orndoff asked if this approval is contingent upon the city paying their share? Mr. Riley explained that the contractor has installed the fence and needs to be paid. 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 448 Richard C. Shickle - Nay Charles W. Orndoff, Sr. - Aye Chairman Longerbeam requested that a letter be sent to the City of Winchester requesting immediate payment of the $21,000 that has been in arrears for some time, and should payment not be received within a reasonable time, this Board will then decide what further action they wish to take. Board members concurred with Chairman Longerbeam's request. REOUEST FROM THE WINCHESTER REGIONAL AIRPORT FOR A SUPPLEMENTAL APPROPRIA nON IN mE AMOUNT OF $4.000 TO UPGRADE WEA mER-MOTION PROGRAM - POSTPONED REOUEST FROM THE CLARKE-FREDERICK-WINCHESTER JAIL SUPERINTENDENT FRED D. HILDEBRAND FOR VARIOUS EXPENDITURES FROM FUND BALANCE - APPROVAL GIVEN FOR DISHWASHER ONLY- OTHER ITEMS TO BE PRESENTED TO FINANCE COMMITTEE This request and information was presented to the Board by Fred Hildebrand, Jr., superintendent of the Regional Jail. 1. $12.707 for Pre-Trial Services These funds were requested from the Department of Criminal Justice Services to maintain level staffing and services (letter dated August 12, 1997 attached). DCJS denied the request because the 1998 General Assembly Appropriation for pre-trial services was not increased (letter dated August 25, 1997). 2. $6.400 for P APIS Additional funding was awarded this year for our Job Services Program. It included one additional counselor and increased the programs and services provided. Weare requesting that one of the job services counselors positions be upgraded to a supervisory position at Range 19, Grade A $28,934. This would be commensurate tot he supervisory position in the Substance Abuse Treatment Program. The cost to upgrade is $6,400. 3. $7.341 for Computer Software I am requesting $7,341 to provide Windows 95 and Microsoft Works 4.0 to all computers in the Detention Center, and 15 Office Pro 1997 Upgrades (quotes attached). After comparing several options, it appears this is the least expensive. 4. $5.500 for Dishwasher - Approved The Food Operating Director for the Department of Juvenile Justice is requesting that we install a dishwasher in the Pre-Release Center (letter dated September 2, 1997 attached). Also attached is a quote for the purchase of such equipment. I am requesting one-half of the cost from the jail board, approximately $5,500. We will request the remainder from the Juvenile Detention Commission. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the above request was approved by the following recorded vote: 1! 449 James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. ShickIe - Aye Charles W. Orndoff, Sr. - Aye 5. $10.000 for PolV2raph Eauipment I have had discussions with Winchester City Officials regarding a potential joint purchase of new polygraph equipment. The Winchester Police Department and Frederick County Sheriffs Office have always provided employee polygraphs for the detention center at no cost. The city is interested in purchasing new equipment and has inquired about shared expenses. The equipment will cost approximately $20,000, therefore, I am requesting $10,000. There is some potential that other departments are interested, therefore, the cost may be decreased. 6. $3.900 from Fund Balance to Provide Corrosion Protection for Pipine In addition to the expenditures considered by the Jail Board, I am requesting $3,900 from fund balance to provide corrosion protection for the piping between our underground diesel tank and generators. I have attached a letter from the Virginia Department of Environmental Quality listing the requirement. Although we are not required to provide this until December 1998, I would like to be in compliance as soon as possible. RESOLUTION OF SUPPORT (#010-97) FOR INDUSTRIAL ACCESS ROAD FUNDS -CARDINALFG-APPROVED WHEREAS, Cardinal FG has optioned property location in the County of Frederick and will soon enter into a firm contract to construct its facilities on that property for the purpose of manufacturing glass; and WHEREAS, the new facility is expected to involve a new private investment in land, building, and manufacturing equipment of approximately $76,000,000 and Cardinal FG expected to employ 200 persons at this facility; and WHEREAS, manufacturing operations are expected to begin at this new facility on or about March, 1999; and WHEREAS, the property on which this facility will be located has no access to public street or highway and required the construction ofa new roadway which would connect to U.S. 11; and WHEREAS, the County of Frederick hereby guarantees that the necessary right of way for this new roadway and utility relocations or adjustments, if necessary, will be provided at no cost to the Virginia Department of Transportation; NOW THEREFORE, LET IT BE RESOLVED THAT: The County of Frederick Board of Supervisors hereby requests that the Commonwealth Transportation Board provide Industrial Access Road funding to provide an adequate road to this new manufacturing facility; and BE IT FURTHER RESOLVED THAT: The County of Frederick Board of Supervisors hereby agrees that the new roadway so constructed will be added to and become a part of the road system of the County of Frederick Secondary System of Highways. PASSED this 22nd day of October 1997. Upon motion made by Robert M. Sager, seconded by Margaret B. Douglas, the above resolution was approved by the following recorded vote: 450 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 OF SUPPORT (#011-97) FOR INDUSTRIAL ACCESS RAILROAD TRACK FUNDS-CARDINALFG-APPROVED WHEREAS, Cardinal FG has expressed its intent and desire to the Frederick County Board of Supervisors to locate a new industrial operation in Frederick County; and WHEREAS, Cardinal FG and its operation will require rail access; and WHEREAS, the officials of Cardinal FG have reported to the county their intent to apply for Industrial Railroad Track Funds for the Commonwealth of Virginia's Department of Rail and Public Transportation in the amount of $300,000; and WHEREAS, Cardinal FG has requested that the Frederick County Board of Supervisors provide a resolution supporting its application for said funds which are administered by the Virginia department of Rail and Public Transportation; NOW, THEREFORE, BE IT RESOLVED, that the County of Frederick hereby makes known its desire and intent to assist the Commonwealth Transportation Board in providing the maximum assistance to Cardinal FG for the purpose of locating its industrial facility in Frederick County. PASSED this 22nd day of October, 1997. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above resolution was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye REOUEST FROM THE LORD FAIRFAX PLANNING DISTRICT COMMISSION FOR FREDERICK COUNTY'S PARTICIPATION IN THE MINIMUM INSTREAM FLOW PROGRAM - REFERRED TO COUNTY SANITATION AUTHORITY Mr. Tom Christoffel, executive director, Lord Fairfax Planning District Commission, appeared before the Board to present this request. Board members had several questions concerning this request and in conclusion felt they had not received all the answers they needed in order to take action at this time; therefore, Mr. Smith moved and Mr. Shickle seconded, that this request be forwarded to Wellington Jones, engineer/director, sanitation authority for his review and recommendation back to this Board. The above motion was approved by the following recorded vote: . 11451 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 ITEMS PUBLIC HEARING - SHALOM ET BENEDlCTUS REOUEST FOR DESIGNATION AS A CHARITABLE AND BENEVOLENT ORGANTZA TION WITHIN THE CONTEXT OF S6{a) OF ARTICLE X OF THE CONSTITUTION OF VIRGINIA _ APPROVED PERSONAL PROPERTY - RESOLUTION (#009-97) - REAL ESTATE WAS DENTED Mr. Michael Foster, director Shalom Et Benedictus, appeared before the board on behalf of this request. Mr. Shickle asked Mr. Foster if the real estate in question would be used in the operation of Shalom or as an investment? Mr. Foster replied it is currently as an investment. Mr. Sager expressed his concerns if this property will be sold later for a profit. Board members basically felt that they had no concern with the personal property which has an assessed value of $66,950 for a taxed amount of $2,845.38; however, the real estate with an assessed value of $66,800 and a tax amount of$400.80 for 1996 was viewed a little differently. Upon motion made by Robert M. Sager, seconded by Richard C. Shickle, tax exempt status was approved for Shalom Et Benedictus on their personal property as noted above; however, the request for real estate tax exemption was not approved. The above motion was approved by the following recorded vote: James L. Longerbeam - Nay W. Harrington Smith, Jr. - Nay Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye End of Public Hearing. PLANNING COMMISSION ITEMS PUBLIC HEARINGS: PUBLIC HEARING - CONDITIONAL USE PERMIT #014-97 OF GARRIS AND EVA POLING FOR AN OFF-PREMISE BUSINESS SIGN LOCATED ON ROUTE 50 WEST ON PROPERTY OWNED BY STEPHEN AND JOHN HOLLIDAY. PROPERTY IDENTIFICATION NUMBER 27-A-72 IN THE GAINESBORO 452 MAGISTERIAL DISTRICT - APPROVED PUBLIC HEARING - CONDITIONAL USE PERMIT #015-97 OF GARRIS AND EVA POLING FOR AN OFF-PREMISE BUSINESS SIGN LOCATED ON ROUTE 50 WEST ON PROPERTY OWNED BY CHARLES AND RUTH HALE. PROPERTY IDENTIFICATION NUMBER 27-A-58. GAINESBORO MAGISTERIAL DISTRICT- APPROVED IN CONJUNCTION WITH CUP #014-97 - APPROVED Eric Lawrence, planner II, presented these two request to the Board. There was no public input. Upon motion made by Richard C. Shickle, seconded by W. Harrington Smith, Jr., conditional use permit #014-97 and #0 1 5-97 of Garris and Eva Poling 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 PUBLIC HEARING - REZONING APPLICATION #004-97. EASTGATE II. BY JASBO. INC.. TO REZONE 2.5927 ACRES FROM RA (RURAL AREAS) TO Ml (INDUSTRIAL LIGHT) DISTRICT. LOCATED AT THE SOUTHWEST CORNER OF TASKER ROAD (RELOCATED ROUTE 642) AND MARCEL DRIVE AT THE EASTGATE COMMERCE CENTER. PARCEL PIN NUMBtR 76-A-48A. SHAWNEE MAGISTERIAL DISTRICT - APPROVED Evan Wyatt, assistant planning director, presented this rezoning application to the Board noting that staff and planning commission recommended approval. There was no public input. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, rezoning application #004-97 was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye End of Public Hearings and Planning Commission Business. COMMITTEE REPORTS EMERGENCY COMMUNICA nONS COMMISSION - MEETING OF OCTOBER 13.1997 - APPROVED UNDER CONSENT AGENDA The Frederick County Emergency Communications Commission met on Monday, October 13, 1997, at 4:30 p.m. Present were Committee Members Chairman Robert Sager, Frank Spurr, Jr., 453 H. Perry Silva, and Sheriff Robert Williamson. Also present were Public Safety Communications Director John Webb, Fire and Rescue Director Tom Owens, Representatives from Architects Reader & Swartz, P.C., and members of the media. The following items were discussed and submitted for the boards information only: 1. Communication Directors Report Marcia Trzebiatowski was introduced as the Public Safety Communications Administrative Assistant. Marcia came on board September 29, 1997. 2. Dispatcher Testin2 Testing will be held on October 30, 1997, at 7:30 p.m. at James Wood High School. Interviews will be conducted with passing candidates. 3. Architectural & Enl!ineerin2 Update Architects from Reader & Swartz, P.c. distributed schematic drawings for the new EOC. Discussion ensued regarding the dumbwaiter installation and its necessity. John Webb eXplained criminal history information and how it must meet specific security requirements. When an officer requests written criminal history information, he must sign a log book indicating that he has received that information. A dumbwaiter will lift the criminal history information and log book to the street level for the officer to sign and return the log book back to the secured location. The glass windows should provide an open atmosphere for the dispatchers and provide a secured area when visitors are present for tours. The type of lighting is still being discussed. The architects are waiting on further information from the mechanical engineers before finalizing the plans. 4. Meetin2 Date The next meeting date ofthe commission will be Monday, October 27, 1997 at 4:30 p.m. LAW ENFORCEMENT AND COURTS COMMITTEE - MEETING OF OCTOBER 8. 1997 - APPROVED UNDER CONSENT AGENDA The Law Enforcement & Courts Committee met on Wednesday, October 8, 1997,4:30 P.M., in the First Floor Conference Room of the County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were Chairman of the Committee Robert M. Sager, committee members Margaret B. Douglas, James L. Hockman, Vickie Wilkins, Donald S. Jackson and Larry P. Coverstone. Also present were Sheriff Robert T. Williamson, County Attorney Lawrence R. Ambrogi, and County Administrator John R. Riley, Jr. The committee submits the following: 1. Discussion of Joint Judicial Center Office Space Reallocation and Construction The county administrator informed the committee of the attached information on occupying existing office space and constructing new office space. The major concern expressed was converting a shelled-in courtroom into office space without knowing the long term implications of additional courtroom space. The committee directed the county administrator to meet with Judge Wetsel to discuss same (see Attached). 2. Discussion of Proposed Security Improvements at the Joint Judicial Center The county administrator informed the committee of the attached information concerning cost to implement a security plan for the Joint Judicial Center. The committee received input from the sheriff of Frederick County who expressed the following concerns: 1. Inaccurate salary information for proposed security detail. 454 2. The proposed security staffing for Joint Judicial Center would adversely effect law enforcement coverage in the county. 3. No responsibility for additional bailiff staffing by the fiscal agent. 4. Projected cost for monitoring alarm system when sheriff has done same at no charge. 5. Excessive costs for duress buttons. 6. Lack of compliance by existing employees in Joint Judicial Center in using existing security measures. 7. Proposed security check point at the entrance to Joint Judicial Center not necessary. The committee also discussed with the county attorney the proposed security measures. The county attorney also expressed concern about the need for the security check point at the main entrance to the Joint Judicial Center. The reasonableness of the measure was discussed with particular emphasis being placed on the inconvenience to the public accessing the main floor offices to research deeds, obtain marriage licenses and other routine business. The committee requested the county administrator to meet with Judge Wetsel to discuss what possible alternatives may exist to accomplish the common objective. Suggestions such as installation of metal detectors at the entrance of each courtroom maned by existing bailiffs assigned to those courtrooms was one specific example. The county administrator will report back to the committee after said meeting (see Attached). End of Committee Reports. BOARD OF SUPERVISORS COMMENTS Mr. Sager made mention of a recent recital that he had attended at Shenandoah University and how amazed he was at the talent and resources that are available to the citizens of this area. He expressed his thanks to the Director of Music at Sherando and all the local schools for doing an outstanding job. 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 Code of Virginia, 1950, as amended, Section 2.1- 344, Subsection A, (5), to discuss an industrial prospect. BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the Board withdrew from executive session. BOARD RECONVENED INTO REGULAR SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the '- " Ii II Board reconvened into regular session and certified that nothing other than what was noted as reason for going into executive session was discussed. UPON MOTION MADE BY CHARLES W. ORNDOFF, SR., SECONDED BY ROBERT M. SAGER, AND PASSED UNANIMOUSLY, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. //~ /:;~~s~~2~~r~ei' Chairman, Board of Supervisors Jo . Riley, Jr. Clerk, Board of S Minutes Prepared By: ~t€)L -r: V3~ L. b,,) Carol T. Bayliss Deputy Clerk, Board of Supervisors II 'I I 455 I