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December 11, 1996 Regular Meeting " '125 A Regular Meeting of the Frederick County Board of Supervisors was held on December 11, 1996, at 7:15 p.m., in the Board of Supervisors' Meeting Room, Frederick County Courthouse, Loudoun Street Mall, Winchester, Virginia. PRESENT: Chairman James L. Longerbeam; W. Harrington Smith, Jr.; Richard C. Shickle; Robert M. Sager; Margaret B. Douglas; and Charles W. Orndoff, Sr. CALL TO ORDER The Chairman called the meeting to order. INVOCA nON The invocation was delivered by Reverend John A. Robinson, Jr., of the Highland Memorial Presbyterian Church. ADOPTION OF AGENDA Mr. Riley requested the following additions to the agenda: 1. Public Works Committee Report. 2. The addition of personnel, acquisition of real estate to executive session. 3. Letter C under Tab G to be discussed in executive session. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the agenda was adopted as amended by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye CONSENT AGENDA Mr. Riley suggested the following tabs for approval under consent agenda: 1. Amendment to the Service Agreement for the Regional Juvenile Detention Center - TabD; 2. Resolution from Regional Jail Superintendent Fred Hildebrand Re: Funding Incentives for Reducing Jail Populations - Tab E; 3. Fire and Rescue Issues - Part B - Tab G; 4. Renewal of ASAP Lease - Tab H; S. Subdivision Application #007-96 of East gate Commerce Center - Tab P; 6. Master Development Plan #009-87 of Airport Business Center Waiver Request - Tab 126 R , 7. Parks and Recreation Commission Report - Tab S; 8. Code and Ordinance Committee Report - Tab T; 9. Public Works Committee Report - Tab U; 10. Finance Committee Report - Tab V; 11. Public Works Committee Report Supplemental. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., 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 No one appeared before the Board at this time. MINUTES OF REGULAR MEETING - NOVEMBER 13. 1996 - APPROVED Upon motion made by Charles W. Orndoff, Sr., seconded by Richard C. Shickle, the minutes of the regular meeting of November 13, 1996 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 NORTHWESTERN COMMUNITY SERVICES EXECUTIVE DIRECTOR DAVID M. ZIEGLER ADDRESSES BOARD - ANNUAL UPDATE Mr. David Ziegler appeared before the Board at which time he presented his annual report. He outlined to the Board the services that are currently being provided to county citizens and explained that $94,000 will be deducted from the amount they receive from the state. CLAIM OF ACREY E. NICHOLSON. JR. - COMPENSATION FOR CARING FOR COUNTY OWNED CANINE - DENIED Mr. Riley presented this request to the Board. Neither Mr. Nicholson nor his attorney were present at the meeting. II II 11127 Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shickle, the claim of Mr. Nicholson was denied 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 FOR FUNDING FROM FREDERICK COUNTY AMERICAN LITTLE LEAGUE PRESIDENT SHEILA ESHELMAN FOR CONSTRUCTION OF LITTLE LEAGUE BASEBALL FIELD AT REDBUD RUN ELEMENTARY SCHOOL- APPROVED Ms. Eshelman appeared before the Board at which time she explained that the total amount for this project was $16,973.00 and why this request was being made to the Board. She further explained that the bulk of this expense was for fencing for which they had been given a contract price that would expire on December 16. Mr. Smith asked if there was a reason this was not scheduled to go to the Finance Committee for their review and recommendation. Mr. Riley explained that due to the time constraints and the fact that the Board is only meeting once during the month of December. Mr. Smith explained that he would not be put in the position in which he would have to compromise and felt this should go to the Finance Committee. Following further Board discussion it was their consensus that this would go to the next scheduled Finance Committee and their recommendation would be forwarded to the Board by way of telephone poll. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the above request of Shelia Eshelman on behalf of the Frederick County American Little League was approved as amended above by being forwarded to the Finance Committee at their next scheduled 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 128 AMENDMENT TO REGIONAL JUVENILE DETENTION CENTER SERVICE AGREEMENT - APPROVED UNDER CONSENT AGENDA RESOLUTION - FUNDING INCENTIVES FOR REDUCING JAIL POPULATIONS - APPROVED UNDER CONSENT AGENDA WHEREAS, the Joint Legislative Audit and Review Commission (JLARC) via its report entitled Funding Incentives for Reducing Jail Populations recommended during last years session of the General Assembly to reduce per diem payments to jails housing federal prisoners as offsets for federal prisoner days reimbursed for those jails; and WHEREAS, the General Assembly adopted legislation that directs the Compensation Board to recover and deposit into the general fund an overhead charge for each federal prisoner held in a local or regional jail, effective July 1, 1997, and such overhead charge shall be at a daily rate per federal prisoner to be determined by the Auditor of Public Accounts based on an indirect cost allocation study for each facility housing federal prisoners; and WHEREAS, the net effect of this legislation will potentially be to shift a substantial portion of funding responsibility from State to the local level, and will do so at a time when fiscal pressures on localities are great; and WHEREAS, historically the per diem monies allocated by the State are utilized to meet the health, welfare, and basic human needs of those prisoners confined injail, and any reductions could hamper the levels of those services currently provided; and WHEREAS, the legislation effectively could severely weaken Virginia's long-standing commitment to allocating necessary funding for Virginia's jails; NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors that it expresses its firm opposition to the referenced legislation; and BE IT FURTHER RESOLVED that the Frederick County Board of Supervisors expresses its opposition to any legislation or recommendation for revision of jail funding that would have the effect of shifting substantial financial obligations to already overburdened local governments, and of placing local and regional jails in a potentially adversarial relationship with their local governing bodies; ADOPTED this 11th day of December, 1996, by the members of the Frederick County Board of Supervisors assembled in convention in the County of Frederick, Virginia, in testimony to which we have affixed our signatures hereto. WINCHESTER REGIONAL AIRPORT AUTHORITY'S REOUEST FOR LINE ITEM TRANSFERS FOR PAYMENT OF SNOW REMOVAL EOUIPMENT BE AP.PROVED IN ADDITION TO TRACTOR PROCUREMENT - APPROVED Mr. Riley explained that the Winchester Airport Authority contracted to purchase snow removal equipment from Winchester Equipment Company; however, the proper procedure was not followed and in order for this matter to be resolved the Board needs to act on it. Mr. Smith stated that there was a mistake made; however, he feels it was an honest mistake and due notice has been given, and the bill needs to be paid. Mr. Longerbeam stated that the bottom line is that the funds were in the overall budget, but not in the right line item. , I' ,I Ii 129 I I I Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, the request to transfer $14,500 to Fund 85 line item 4085-19-7006-000-000 and the appropriation of $6,500 to like line item, and the approval of the tractor procurement was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Nay Charles W. Orndoff, Sr. - Nay FIRE AND RESCUE DIRECTOR'S REOUEST TO PURCHASE VEHICLE IN THE AMOUNT OF $21.000 FROM UNRESERVED FUND BALANCE - AMENDED TO INCLUDE NEW VEHICLE RATHER THAN USED VEHICLE Mr. Tom Owens, director, Fire and Rescue, explained to the Board that the vehicle used by the Fire Marshal has in excess of $150,000 miles and is experiencing increasing repair costs. The request to replace this vehicle was cut from the Fire and Rescue budget. He further explained that Manassas Fire and Rescue has a 1995 Ford Explorer with 13,000 miles, fully equipped and is available for $21,000. He is requesting permission to purchase this vehicle from Unreserved Fund Balance. He noted this request would normally go to the Finance Committee, but due to Manassas needing a commitment by December 11, 1996, he is making the request at this time. The Board stated they were not interested in purchasing a used vehicle and that this vehicle should be purchased from state contract. Upon motion made by Richard C. Shickle, 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 FIRE AND RESCUE ASSOCIATION'S REOUEST FOR DISBURSEMENT OF PROFFERS TO STEPHENS CITY AND GREENWOOD FIRE AND RESCUE COMPANIES - APPROVED UNDER CONSENT AGENDA FIRE MARSHAL'S REOUEST FOR A GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $1.692 FOR FUNDING UNANTICIPATED EXPENSES OF FIRE AND RESCUE VOLUNTEERS DUE TO INSURANCE SHORTFALLS - TO BE DISCUSSED IN EXECUTIVE SESSION DIVISION OF COURT SERVICES REOUEST TO RENEW ASAP LEASE - 130 APPROVED UNDER CONSENT AGENDA COMMITTEE APPOINTMENTS KRISTEN GOFF APPOINTED TO SOCIAL SERVICES BOARD TO FILL UNEXPIRED TERM OF AMY GENTRY Upon motion made by Margaret B. Douglas, seconded by Robert M. Sager, Kristen Goffwas appointed to the Social Services Board as the Back Creek District Representative, to fill the unexpired term of Amy Gentry. This term will expire on June 30, 1998. 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. ShickIe - Aye Charles W. Orndoff, Sr. - Aye SUSAN LUBY LUEBEHUSEN APPOINTED TO INDUSTRIAL DEVELOPMENT AUTHORITY Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, Susan Luby Luebehusen was appointed to the Industrial Development Authority from Shawnee District for a four year term. This term will expire November 10, 2000. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. ShickIe - Aye Charles W. Orndoff, Sr. - Aye ROBERT S. HARTMAN REAPPOINTED TO THE PARKS AND RECREATION COMMISSION Upon motion made by Margaret B. Douglas, seconded by W. Harrington Smith, Jr., Robert S. Hartman was reappointed to the Parks and Recreation Commission as the Back Creek District Representative for a four year term. This term will commence on January 17, 1997 and expire on January 17, 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. ShickIe - Aye II I' 131 Charles W. Orndoff, Sr. - Aye PLANNING COMMISSION BUSINESS: CONDITIONAL USE PERMIT #012-96 OF PEGGY RUBLE TO OPERATE A SHALE MINING BUSINESS. THE PROPERTY IS LOCATED AT 532 N. HAYFIELD ROAD AND IDENTIFIED WITH PIN 29-A-22 IN THE GAINESBORO MAGISTERIAL DISTRICT (TABLED FROM NOVEMBER 13 BOARD MEETING) - APPROVED WITH CONDITIONS AS NOTED BY THE DEPARTMENT OF PLANNING AND DEVELOPMENT Mr. Wayne Miller, zoning administrator, presented this request to the Board noting that it had been tabled from the last board meeting for thirty days. Mr. Shickle stated that any mining or hauling at the north end of the ridge next to the DeHaven's was to stop as he wanted them protected. Mr. Sager asked Mr. Ruble if anyone other than himself would be hauling shale. Mr. Ruble explained that should someone call for a load he would load them. Upon motion made by Richard C. Shickle, seconded by Margaret B. Douglas, conditional use permit #012-96 of Peggy Ruble was approved with conditions as noted and on file in the Department of Planning and Development. 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 ITEMS: PUBLIC HEARING - CONDITIONAL USE PERMIT #013-96 OF PAINTER-LEWIS FOR HOGUE CREEK COUNTRY MARKET. FOR AN ADDITION TO THE EXISTING MARKET AND A TWO BEDROOM RESIDENCE. THE PROPERTY IS LOCATED AT 47800 NORTHWESTERN PIKE AND IDENTIFIED WITH PIN 40- A-66D IN THE GAINESBORO MAGISTERIAL DISTRICT - APPROVED Mr. Wayne Miller presented this request to the Board noting that staff and planning commission recommended approval with conditions as noted. There was no public input. Upon motion made by Richard C. Shickle, seconded by Charles W. Orndoff, Sr., the above conditional use permit #013-96 was approved with conditions as noted by the following recorded vote: II 132 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 #014-96 OF GARRIS AND EVA POLING TO OPERATE AN ANTIOUE SHOP. THE PROPERTY IS LOCATED AT 212 WHITACRE ROAD AND IDENTIFIED WITH PIN 27-A-72A IN THE GAINESBORO MAGISTERIAL DISTRICT - APPROVED Me Wayne Miller presented this request to the Board noting that staff and planning commission recommended approval with conditions as noted. There was no public input. Upon motion made by Richard C. Shickle, seconded by Charles W. Orndoff, Sr., conditional use permit #014-96 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 #015-96 OF WADE AND JULIE MARROW TO OPERATE AN AUTOMOBILE REPAIR BUSINE~S WITHOUT BODY REPAIR. THE PROPERTY IS LOCATED AT 624 BACK MOUNTAIN ROAD AND IDENTIFIED WITH PIN 39-2-A IN THE BACK CREEK MAGISTERIAL DISTRICT - APPROVED Mr. Wayne Miller presented this request to the Board noting that staff and planning commission recommended approval with conditions as noted. There was no public input. Upon motion made by Margaret B. Douglas, seconded by W. Harrington Smith, Jr., conditional use permit #015-96 was approved as presented 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 - REZONING APPLICATION #007-96 OF VALLEY PROTEINS. INC.. TO REZONE 1.62 ACRES FROM RA (RURAL AREAS) TO M2 (INDUSTRIAL GENERAL). THIS PROPERTY IS LOCATED AT 1444 INDIAN HOLLOW ROAD AND IDENTIFIED WITH PIN 41-A-18 IN THE GAINESBORO II I MAGISTERIAL DISTRICT - APPROVED Mr. Evan Wyatt, deputy planning director, presented this request to the Board noting that staff and planning commission recommended approval. There was no public input. Upon motion made by Richard C. Shickle, seconded by Robert M. Sager, rezoning application #007-96 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 - AMENDMENTS TO CHAPTER 165. ZONING: ARTICLE IV. SUPPLEMENTARY USE REGULATIONS. SECTION 165-44. SELF-STORAGE FACILITIES: AND ARTICLE X. BUSINESS AND INDUSTRIAL ZONING DISTRICTS. SECTION 165-82D. M-l. LIGHT INDUSTRIAL DISTRICT. OF THE FREDERICK COUNTY CODE. THE PROPOSED AMENDMENTS PERMIT SELF- SERVICE STORAGE FACILITY OPERATIONS AS AN ALLOWED USE IN THE M-l. LIGHT INDUSTRIAL DISTRICT. AND REVISE THE EXISTING PERFORMANCE STANDARDS FOR THIS USE - APPROVED Mr. Evan Wyatt presented this request to the Board. There was no public input. AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 165, ZONING WHEREAS, an ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article X, Business and Industrial Zoning Districts, Section 165-82D, District Use Regulations, and Article IV, Supplementary Use Regulations, Section 165-44, Self-Service Storage Facilities, was referred to the Planning Commission on November 20, 1996; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on November 20, 1996; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on December 11, 1996; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; NOW, THEREFORE BE IT ORDAINED by the Frederick County Board of Supervisors that the Frederick County Code, Chapter 165, Zoning, Article X, Business and Industrial Zoning Districts, Section 165-82D, District Use Regulations, and Article IV, Supplementary Use Regulations, Section 165-44, Self-Service Storage Facilities, is amended as described as follows: 165-82. District use regulations. D) Ml, Light Industrial District. 134 Allowed Uses SK Self-service storage facilities 165-44. Self-service storage facilities. Where allowed, self-service storage facilities shall meet the following requirements: A) Self-service storage facility operations shall be permitted as a primary or accessory use in all zoning districts in which they are permitted. B) All parking areas, travel aisles, and maneuvering areas associated with the self-service storage facility operations shall be paved with asphalt, concrete, or similar material to provide a durable hard surface. C) Buildings are permitted that provide interior and exterior accessible units. Individual units within the self-service storage building shall not exceed one-thousand (1000) square feet in area. D) Minimum building spacing shall be thirty (30) feet apart. Loading areas shall be delineated to ensure that adequate travel aisles are maintained between buildings. E) Recreational vehicles and boats shall be permitted to be stored within completely enclosed areas of the self-service storage facility provided that the storage area is separate from the parking areas and travel aisles, and is depicted on the approved site development plan. Areas utilized for this purpose shall be exempt from the surface requirements specified under section 165-44(B). F) Self-service storage facilities shall meet the following landscaping or screening requirements: (1) Facilities located in the B-2, Business General District shall be completely screened around the perimeter of the property by a double row of evergreen trees that are staggered and planted a maximum of eight (8) feet off center, and are a minimum of six (6) feet in height when planted. (2) Facilities located in the B-3, Industrial Transition District, or the M-l, Light Industrial District, shall be required to landscape the yard area within the front yard setback to provide for a double row of evergreen trees that are staggered and planted a maximum of eight (8) feet off center. The side and rear yards shall be planted with a single row of evergreen or deciduous trees that are planted a maximum of forty (40) feet off center. All trees shall be a minimum of six (6) feet in height at the time of planting. (3) Facilities located on parcels that are within a master planned industrial park or office park shall be required to landscape the perimeter of the facility with a single row of evergreen or deciduous trees that are planted a maximum of forty (40) feet off center. All trees shall be a minimum of six (6) feet in height at the time of planting. (4) The required planting of all trees described under subsection F shall occur in an area that is between the adjoining property boundary line and the placement of security fencing. The installation of an opaque wall or fence that is a minimum of six feet in height may substitute for required landscaped areas in all zoning districts. G) Self-service storage facility operations shall be designed to accommodate the storage of residential, commercial, and industrial items, excluding hazardous, toxic, and explosive materials. No use, sale, repair, or activity other than storage shall be permitted to occur in self-service storage facility operations. A copy of the lease agreement which describes the requirements of this subsection shall be approved in conjunction with the site development II I plan for the self-service storage facility operation. This ordinance shall be in effect on the date of adoption. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the above ordinance amendment was approved by the following recorded vote: James L. Longerbeam - 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 - TO ENACT AN ORDINANCE PURSUANT TO THE CODE OF VIRGINIA. 1950. AS AMENDED. SECTION 15.1-377. TO ALLOW FOR THE ENCROACHMENT ON COUNTY OWNED PROPERTY FOR THE PURPOSE OF ACCESS TO A GROUNDWATER WELL LOCATED IN THE SHAWNEE-LAND SANITARY DISTRICT. SECTION 15. LOT 17. ON DOE TRAIL - APPROVED Mr. Miller presented this request to the Board. There was no public input. WHEREAS, an application of Mr. Harvey Pitcock has been made for adoption of an ordinance permitting the presently existing encroachment upon the property of the County under and upon the public street known as Doe Trail in Shawnee-Land, Back Creek District, for a well erroneously constructed thereon which serves the property known as Lot 17, Section 15, Shawnee- Land of the applicants; such encroachment being as more particularly shown on the plat of Edward W. Dove, L.S., dated October 23, 1996, which is incorporated herein by this reference; and, WHEREAS, such proposed ordinance having been duly advertised and a public hearing having been duly held thereon. NOW, THEREFORE, BE IT KNOWN, that, upon motion duly made by Margaret B. Douglas, and seconded by Charles W. Orndoff, Sr., and upon votes as recorded hereinafter, this Ordinance is hereby adopted as follows: The County of Frederick, Virginia, authorizes Harvey Pitcock, his heirs, successors, or assigns, to maintain the well and necessary pump and piping presently existing as an encroachment under and upon the public street known as Doe Trail, in Shawnee-Land, Back Creek District, to service, and for the benefit of the property known as Lot 17, Section 15, in Shawnee-Land, and none other, and to the extent necessary to enter and excavate upon and under Doe Trail to maintain and repair such wel~ pump, and piping, provided however, that those exercising any such authority shall restore such property to its original condition at their sole expense. Such authority to so encroach shall continue until such time as such encroachment is destroyed or removed or until this ordinance is repealed, deleted, or superseded by further action of the governing body, whichever occurs sooner. Such authority shall not be construed to relieve said owners or their successors of any negligence on their part on account of such encroachment. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye 'I II 1135 136 Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye End of Public Hearing Items. SUBDIVISION APPLICATION #007-96 OF EASTGATE COMMERCE CENTER. SOUTH SIDE OF ROUTE 642. SHAWNEE DISTRICT - APPROVED UNDER CONSENT AGENDA MASTER DEVELOPMENT PLAN #007-96 OF WOODSIDE n. LOCATED ON WEST SIDE OF DOUBLE CHURCH ROAD (ROUTE 641). SOUTH OF FAIRFAX PIKE (ROUTE 277) INTERSECTION. OPEOUON DISTRICT - APPROVED Mr. Wyatt presented this request to the Board. Mr. Chuck Maddox, ofG.W. Clifford Associates, appeared before the Board on behalf of the petitioner. Mr. Sager asked Mr. Maddox if he had spoken with Mrs. Wymer. Mr. Maddox replied yes, and they have agreed not to do anything until this project is complete, and Neff's Construction will be taking care of what work needs to be done. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., master development plan #007-96 was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Nay Charles W. Orndoff, Sr. - Aye MASTER DEVELOPMENT PLAN #009-87 OF AIRPORT BUSINESS CENTER WAIVER REOUEST. LOCATED AT AIRPORT ROAD (ROUTE 645) AND FRONT ROYAL PIKE (ROUTE 522). SHAWNEE DISTRICT - APPROVED UND~R CONSENT AGENDA End of Planning Commission Items. COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on November 19, 1996. Members present were: Robert Roper, Jane Vickers, Stephen Spitzer, Cheryl Swartz, Charles Sandy, Robert Hartman, Margaret Douglas. The following items were discussed and submitted to the board for information only: 1. Fees and Charl!e5 II Ii II Consistent with the direction of the Board of Supervisors regarding the waiving of field use fees for youth cosponsored leagues, Mr. Sandy moved to waive youth field use fees in the amount of$23,306, seconded by Mr. Spitzer, carried unanimously (5-0). 2. 1997-98 Budl!et Worksheets and Summary Information Mr. Sandy moved to recommend that funding for capital projects totaling $104,206 be included in the 1997-98 proposed budget to support current level department operations, seconded by Mrs. Vickers, carried unanimously (5-0). Mr. Sandy moved to recommend that funding for capital projects totaling $104,206 be included in the 1997-98 proposed budget to support current level Department operations, seconded by Mrs. Vickers, carried unanimously (5-0). Ten 10 additional capital projects totaling $1.4 million also recommended for inclusion in the 1997-98 budget request are: 1. Purchase of Parkland In Western Frederick County - $1,154,72 - approved unanimously. 2. Replacement of playground equipment at Community Parks and west side of Clearbrook Park - $63,000 - Motion by Mr. Hartman, second by Mr. Sandy, carried unanimously. 3. Replacement of ball field fencing on Field #1 at Sherando Park at a cost of $16,000 - Motion by Mr. Sandy, second by Mrs. Vickers, carried 4-1 (Mr. Spitzer opposed). 4. Upgrade lighting on Fields #1,2,3,4 at Sherando Park and on Frey, Cole, and #4 at Clearbrook Park at a cost of $64,000 - Motion by Mrs. Swartz, second by Mr. Spitzer, carried 3-2 (Mr. Hartman and Mr. Sandy opposed). CODE AND ORDINANCE COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Code and Ordinance Committee met on Monday, December 2, 1996, 8:30AM., in the Conference Area of the County Administrators Office, 107 North Kent Street, Third Floor, Winchester, Virginia. Present were committee members Robert M. Sager, Stephen G. Butler and Michael L Bryan. Chairman of the committee Richard C. Shickle and member Patricia F. Scheder were absent. Also present were Commissioner ofthe Revenue Ellen Murphy, Treasurer C. William Orndoff, Jr. and County Administrator John R. Riley, Jr. The committee submits the following: 1. Discussion of Alternative Filinl! for Personal Prooertv The Commissioner of the Revenue explained that this code amendment will provide for automatic refiling of personal property if there are no changes on a taxpayers account. The committee recommends approval (see attached). 2. Discussion of New Business Licensinl!: Code (BPOL)- Chaoter 155 of the Frederick County Code The Commissioner of the Revenue explained that this is the new model ordinance mandated by the General Assembly. Said ordinance exempts businesses grossing under $4,000 a year and provides for minimum payments of $30.00 for $15,000 and below of gross receipts, $50.00 for $25,000 of gross receipts and $100.00 for gross receipts over $25,000 up to $100,000. Committee recommends repeal of the old business licensing section of Chapter 155 and adoption of the new business licensing code (BPOL). PUBLIC WORKS COMMITTEE REPORT - APPROVED UNDER CONSENT 11137 I " 138 AGENDA A special meeting of the Public Works Committee was held on Tuesday, December 10, 1996, at 7:30 a.m. Present were board member W. Hanington Smith, Jr., committee members Tom Offutt, Jim Wilson, Karen Kober and Jim Vickers; County Administrator, John R. Riley, Jr., and Director of Public Works, Harvey E. Strawsnyder, Jr., P.E. Also, present were the following staff members: Steve Frye, landfill manager, Ron Kimble, environmental manager, Kathy Whetzel, animal shelter manager, John Trenary, building official, Dave Burleson, Shawnee-Land sanitary district manager and Joe Wilder, engineering technician. The following items were discussed and required the boards action: 1. Reappropriation of Funds A reappropriation of funds was requested by the County Administrator to cover additional construction costs associated with the new board room. The attached memorandum dated December 9, 1996 describes the amount ($11,460) and actual work involved. A motion was made by Jim Wilson and seconded by Tun Vickers to approve the request. The motion was unanimously approved by the committee (see Attachment 1). The following items were discussed and provided to the board for information only: 1. Presentation of Proposed Fiscal Year 1997/1998 Bud2ets The Director of Public Works presented the proposed Fiscal Year 1997/1998 budgets assigned to the Public Works Department. After a lengthy discussion, a motion was made by Tom Offutt and seconded by Jim Vickers to approve the proposed Fiscal Year 1997/1998 budgets as submitted. An appropriate endorsement will accompany the departments submittal to the Finance Department. PUBLIC WORKS COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Tuesday, November 26, 1996, at 7:30 a.m. Present were board members Charles W. Orndoff, Sr. and W. Harrington Smith, Jr., committee members Tom Offutt and Jim Vickers; County Administrator, John R. Riley, Jr., and Director of Public Works, Harvey E. Strawsnyder, Jr., P.E. The following items were discussed and required the boards action:: 1. Renovation Bids for the First and Second Floors - Four-Storv Office BuildinS! The Director of Public Works presented the results of the bids received for renovating the first and second floors of the four-story office complex. The low bid in the amount of $36,810 was presented by Z. L. Metz Contracting. After briefly discussing the scope of work which included new carpet, painting, adding and deleting walls and doors and other minor improvements, a motion was made by W. Harrington Smith, Jr. and seconded by Tom Offutt to accept the low bid by Z. L. Metz Contracting and approve a total expenditure of $40,500 which includes a ten percent contingency. The motion was unanimously approved by the committee (see Attachment I). 2. Reappropriation of Funds A reappropriation of funds was requested by the County Administrator to cover some of the costs associated with the removal of a 10,000 gallon tank discovered during the construction of the new office building. Refer to the attached memorandum dated November 22, 1996 for a breakdown of these costs. It should be noted that Frederick County will be reimbursed for these expenditures by either the Department of Environmental Quality (DEQ) or Farmers and Merchants Bank. 139 A motion was made by W. Harrington Smith, Jr. and seconded by Jim Vickers to approve this request. The motion was unanimously approved (see Attachment 2). The following items were submitted to the board for information only: 1. Road Sil!n UDdate The Director of Public Works presented a brief summary of the problems associated with the current road sign program. To date, the program has replaced approximately 600 signs at a cost of $30,000. The monthly average ranges between 25 to 30 signs. The City of Winchester is currently printing our signs at a cost of$25 to $30 per sign. This represents a substantial savings from our previous sign contract with a commercial vendor. McGrane Fence Company has a contract to install the new or replacement signs. Unfortunately, with the somewhat erratic work load, timely replacement has been a real problem. The committee suggested that we attempt to engage the services of a new company or individuals that would provide a more timely installation service. The issue of the vandal-proof sign may always be a potential problem. We have contacted other sign companies to evaluate their hardware. However, to date, we believe we are using the best hardware the market offers. Stiffer criminal penalties may be the only answer. 2. Budl!et Meetinl! The committee set December 10, 1996, as a special meeting date to review the budgets for the Public Works Department. Absent committee members will be contacted to obtain their concurrence with this date. 3. Miscellaneous ReDorts a. Animal Shelter Report - Dogs (see Attachment 3); b. Animal Shelter Report - Cats (see Attachment 4); c. Tonnage Report (see Attachment 5); and d. Recycling Report (see Attachment 6). FINANCE COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Finance Committee met in the County Administration conference area at 107 North Kent Street on Wednesday, November 20, 1996 at 8:00 a.m. Committee member Anita L. Shull was not present at this meeting. The agenda items are as follows: 1. The County Administrator Reauests a General Fund SUDDlemental Appropriation in the Amount of $14.924 This amount is needed to purchase an additional pool car to meet department demands for the use of a vehicle. Additional local funds are necessary. See attached memo, p. 1-2. The committee recommended including this item during the budget cycle. 2. The Fire and Rescue Director Reauests a General Fund SUDDlemental ADPropriation in the Amount of$t55.58 This amount represents a reimbursement received for a hazardous materials spill and needs to be appropriated between two personnel line items. No additional local funds are needed. See attached memo, p. 3-4. The committee recommends approval. ,I 1\ . 140 3. The Planninl! Director Requests a General Fund Supplemental Appropriation in the Amount of$464.184.03 This amount is needed to fulfill an agreement between Frederick County and Michael Baker, Jr., Inc. To do a corridor study for the extension of Route 37. According to a July 1996 agreement, this amount is to be reimbursed to Frederick County by VDOT. No additional local funds are needed. See attached memo, p. 5-9. The committee recommends approval. 4. The Director of Economic Development Roouests a General Fund Supplemental Appropriation in the Amount of $3.953.32 Of this amount, $3,000 represents a grant received for the development of the Business Network and needs to be placed in their Professional Services line item to pay for development costs. The remaining amount of$953.32 is a return ofa rent overpayment and is requested to be placed in their Professional Services line item to compensate for funds taken out previously to help pay for office improvements. No additional local funds are needed. See attached memo, p. 10. The committee recommends approval on the $3,000 request. The committee does not recommend approval on the $953.32 request. 5. The Rel!ional Airport Requests an Airport Budl!:et Transfer in the Amount of $21.000 This amount is needed to purchase snow/mow/maintenance equipment and is being transferred from the Perimeter Fencing line item into the Construction Vehicles line item. No additional local funds are needed. See attached copy, p. 11. The committee had no recommendation. 6. The Rel!:ional Airport Requests an Airport Capital Fund Supplemental Appropriation in the Amount of $1.236.605 This amount is needed for additional capital improvements to the Regional Airport. Total additional local dollars of $172,406 are needed. Frederick County's share will be $86,203. See attached copy, p. 12. This item has been tabled until the next meeting when the Airport Manager can be present to answer questions. 7. The School Finance Director Roouests a School Supplemental Appropriation in the Amount of $8.257 for an Additional StatTPosition Funding will be provided by state sources as a result of increased enrollment. No additional local funds are needed. See attached memo, p. 13-14. The committee recommends approval. 8. The School Finance Director Roouests a School Supplemental Appropriation in the Amount of $78.039.38 This amount represents a budget adjustment and is made up of additional Federal Funds received. No additional local funds are needed. See attached memo, p. 15-17. The committee recommends approval. 9. The School Finance Director Roouests a School Budl!:et Transfer in the Amount of$217.319.88 This transfer is needed to more accurately reflect expenditure posting of information technology personnel. No additional local funds are needed. See attached memo, p. 18-21. The committee recommends approval. 10. The School Finance Director Roouests a School Supplemental Appropriation in the Amount of $20.207 This appropriation is necessary due to the addition of two periods of agriculture, the addition ii i! 141 II of a clerk typist and an upgrade of a secretarial position. Funding will be provided by state sources as a result of increased enrollment. No additional local funds are needed. See attached memo, p. 22- 23. The committee recommends approval. 11. The Re2istrar ReQuests a General Fund Supplemental Appropriation in the Amount of $5.978 Originally (excluding furniture), the Registrar had requested $4,596.49 in carry forward funds. This amount was later amended to the current requested amount of$5,978. See attached memo, p. 24-25. The committee recommends approval. 12. The Parks and Recreation Director ReQuests a General Fund Supplemental Appropriation in the Amount of $52.000 This amount represents a carry forward and is needed to make various purchases and repairs. See attached memo, p. 26-28. The committee recommends approval. 13. The Director of Social Services ReQuests a General Fund Supplemental Appropriation in the Amount of $40.000 This amount is needed to fund for three additional employees for the remainder of this fiscal year. Unanticipated revenue in the amount of$70,000 is expected for FY 97. Additional local funds are necessary. The committee recommends approval. 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(1) (3) and (5) to Discuss Personnel, Economic Development, and Acquisition and Disposition of Real Estate. 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 Robert M. Sager, the Board withdrew from executive session. The above motion was approved by the following recorded vote; James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 1\ 142 BOARD RECONVENED INTO REGULAR SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shickle, the Board reconvened into regular session and certified 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 SUPPLEMENTAL APPROPRIATION TO FIRE AND RESCUE ASSOCIATION - APPROVED Mr. Shickle moved to set the amount of $7,000 for unanticipated expenses related to injured county fire and rescue volunteers. Mr. Orndoff seconded the motion. The above motion was denied by the following recorded vote: James L. Longerbeam - Nay W. Harrington Smith, Jr. - Nay Margaret B. Douglas - Nay Robert M. Sager - Nay Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye Mr. Smith moved and Mr. Sager seconded to set the amount of $25,000 for unanticipated expenses related to injured county fire and rescue volunteers. This amount will be given to the county fire and rescue association. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Nay Charles W. Orndoff, Sr. - Nay COUNTY ADMINISTRATOR CLARIFIES EARLIER DISCUSSION AND VOTE BY BOARD ON REOUEST BY SHELIA ESHLEMAN FOR DONATION FOR CONSTRUCTION OF LITTLE LEAGUE BALLFIELDS Mr. Riley stated that the Board's vote on this was to approve the project subject to the project being reviewed by the Finance Committee at which time the Board would be polled on the Finance Committee's recommendation rather it be pro or con. BOARD OF SUPERVISORS COMMENTS 1143 Mr. Smith bid farewell to the hallowed halls of the board room in the old county courthouse. UPON MOTION MADE BY W. HARRINGTON SMITH, JR., SECONDED BY ROBERT M. SAGER, AND PASSED UNANIMOUSLY, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, TillS MEETING IS HEREBY ADJOURNED. James L. Longerb m Chairman, Board of Supervisors ---'