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May 03, 1996 Regular Meeting 579 A Special Meeting of the Frederick County Board of Supervisors was held on May 13, 1996, at 7: 15 p.m., in the Board of Supervisors' Meeting Room, Frederick County Courthouse, Loudoun Street Mall, Winchester, Virginia. (This meeting was moved from the regular date due to the Chairman being out of town). 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. INVOCATION The invocation was delivered by board member, Robert M. Sager, in absence of the scheduled minister. ADOPTION OF AGENDA Mr. Smith asked for time to discuss the courthouse lawn. Mr. Riley stated that he had two additional items: (1) - The school board sale scheduled for May 27 at Stonewall School and items currently being stored at Gore School being placed in this sale. (2) - Request from Shawneeland Sanitary District - Re: salary upgrade for Dave Burleson. 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 the consent agenda: 1. Proclamation Re: All-American Community Volunteer Recognition Week - Tab C; 2. Memorandum Re: Committee Appointments: Tab D; 3. Memorandum Re: Schedule Public Hearing Date for Planning Commission Items- TabE; 4. Memorandum Re: Personnel Actions - Tab F; .. 580 5. Public Works Committee Report - Tab H Mr. Smith moved for approval, with Margaret Douglas seconding the motion. Mr. Orndoff asked why Tab D was being approved under consent. Mr. Riley stated that was a mistake he did not mean to include Tab D. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager the motion was amended not to include Tab D. 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 CITIZEN COMMENTS Ms. Diane Carey was present on behalf of the Parent Center Grant as she wanted to thank board members and Frederick County for their contributions to the centef. There was no other public comment. MINUTES OF SPECIAL MEETING - APRIL 1. 1996 - APPROVED Upon motion made by Charles W. Orndoff, Sr., seconded by Richard C. Shickle, the minutes of the special meeting of April 1, 1996 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, Sf. - Aye MINUTES OF REGULAR MEETING - APRIL 10. 1996 - APPROVED Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sf., the minutes of the regular meeting of April 10, 1996 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 581 JULIE ARMEL. DIRECTOR OF TOURISM MARKETING. CHAMBER OF COMMERCE. ADDRESSED THE BOARD Mrs. Julie Armel appeared before the Board at which time she presented them with a packet containing literature about tourism in Winchester and Frederick County. She presented a breakdown of how many dollars are spent on tourism in this area as well as within the State of Virginia. PROCLAMATION #037-96 RE: ALL-AMERICAN COMMUNITY VOLUNTEER RECOGNITION WEEK - APPROVED UNDER CONSENT AGENDA WHEREAS, volunteers throughout the community devote their time, energy, and ideas to civic and charitable organizations; and WHEREAS, volunteers are so vitally important in todays society; helping others less fortunate and aiding organizations, asking nothing in return; and WHEREAS, without these special people, civic and charitable organizations would not exist; WHEREAS, people with special needs would not be helped, and we would not be recognized today as an All-America Community. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby proclaim the week of June 3 - June 9, 1996, as All-America Community Volunteer Recognition Week. ADOPTED this 13 day of May 1996. COMMITTEE APPOINTMENTS JAMES WILSON OFFICIALLY APPOINTED TO PUBLIC WORKS COMMITTEE AS CITIZEN MEMBER Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., James Wilson was officially appointed to the Public Works Committee. Mr. Wilson has continued his service on this committee, but was not officially appointed at the organizational meeting in January, this was an oversight. This term will expire January 10, 1997. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye KRIS TIERNEY TO FILL UNEXPIRED TERM OF ROBERT WATKINS ON THE LORD FAffiFAX PLANNING DISTRICT COMMISSION 582 Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., Kris Tierney, interim director, Department of Planning and Development will fill the unexpired term of Robert Watkins on the Lord Fairfax Planning District Commission. This term will expire on September 30, 1996. 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 REOUEST FROM PLANNING TO SCHEDULE PUBLIC HEARING DATES FOR REZONING APPLICATIONS - APPROVED UNDER CONSENT AGENDA The planning department requested the board to schedule a public hearing date of June 12, 1996 for the following rezoning applications: Rezonin2 Annlication #002-96 of Dr. Raymond L. Fish Rezonin2 ADDlication #003-96 of Richard L. and Nancy S. Heisey Rezonin2 Annlication #006-95 of Woodside Estates. Section II REOUEST TO APPOINT SCOTT ANDERSON AS COURT SERVICES DIRECTOR - APPROVED UNDER CONSENT AGENDA REOUEST TO APPOINT KRIS TIERNEY AS INTERIM PLANNING AND DEVELOPMENT DIRECTOR - APPROVED UNDER CONSENT AGENDA BOARD DISCUSSES PLAN TO UPGRADE CURRENT CONDITIONS OF COUNTY COURTHOUSE LAWN Mr. Smith explained that he feels the Board needs to seriously consider doing something with the lawn in front of the Old County Courthouse. He referred specifically to the overgrown condition of the trees and the fact that a very large limb was blown down during the storm this past weekend and had someone been sitting at the picnic table, beneath the tree, they could have been seriously injured or even killed. Mr. Shickle suggested that this be forwarded to the Public Works Committee for their review and recommendation. The Board concurred. This will be discussed at the next Public Works Committee Meeting scheduled for May 21 583 wherein the board members have been invited for discussion of the interior design of the new board room. ITEMS CURRENTLY IN STORAGE AT GORE SCHOOL ARE SCHEDULED TO BE SOLD AT THE SCHOOL AUCTION SCHEDULED FOR MAY 27 Upon motion made by Robert M. Sager, seconded by Margaret B. Douglas, all items currently being stored at Gore School will be moved by the county parks and recreation department staff to the school auction scheduled for May 27. All proceeds from the sale of these items will be credited to the parks and recreation department. 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, Sf. - Aye SALARY UPGRADE FOR DAVE BURLESON. MANAGER. SHA WNEELAND REFERRED TO PERSONNEL COMMITTEE FOR REVIEW AND RECOMMENDA TION Mr. Riley presented this information and request to the Board. Following discussion it was the consensus of the Board that this be referred to the Personnel Committee for their review and recommendation. PUBLIC HEARING: PUBLIC HEARING - IN ACCORDANCE WITH SECTION 22.1-29.1 OF THE CODE OF VIRGINIA. 1950. AS AMENDED. THE FREDERICK COUNTY BOARD OF SUPERVISORS HELD A PUBLIC HEARING THIS DATE TO CONSIDER THE NOMINATION TO THE FREDERICK COUNTY SCHOOL BOARD FROM THE STONEWALL MAGISTERIAL DISTRICT. THIS APPOINTMENT WILL COVER THE TIME PERIOD OF JULY 1. 1996 THROUGH DECEMBER 31.1997 Mrs. Patricia Stiles appeared before the Board at this time wherein she thanked Charles Orndofffor placing his trust and confidence in her by making the nomination and she further thanked Charles Hott for his gracious support and encouragement to her in seeking this nomination. She stated that she would also like to thank Charlie Hott for his eighteen years of dedicated service to the citizens of Frederick County. She further stated should she receive this appointment she has no set in stone agenda that she wishes to accomplish, however she does have areas of special interest. She has been associated for many years with individuals with special disabilities and she 584 also has interest in vocational education. She does support strong and consistent disciplinary procedures. She would like to see more minority teachers and administrators hired and would work toward this end. She does not feel that all school problems can be solved by more money being allocated to them. She does not feel that the current board is anti education and she would work toward having a better relationship between the two boards in the future as she feels a better job can be done of this, in the future, than has been in the past. Mr. Smith stated that Mrs. Stiles has his 100 percent support. Mr. Longerbeam stated that he felt Mrs. Stiles comments were right on target. Mr. Orndoff stated that he felt honored to have nominated Mrs. Stiles for this seat. Mrs. Douglas stated that she appreciated Mrs. Stiles' comments and she has her support. PLANNING COMMISSION BUSINESS: MASTER DEVELOPMENT PLAN #001-96 FOR HILL VALLEY LOCATED IN THE NORTHWEST CORNER OF VALLEY MILL AND GREENWOOD ROAD. SHAWNEE MAGISTERIAL DISTRICT. PROPERTY ID 55-A-56F - APPROVED Mr. Eric Lawrence, planner I, presented this request to the Board noting that the staff and planning commission recommended approval with conditions. Mr. Orndoff asked about open space. Mr. Lawrence replied approximately nine acres. Mr. Riley addressed the flood plain area noting that he feels there is potential for that in this location. Mr. Smith asked when the road is going to be realigned at this location. Mr. Lawrence replied it is scheduled for 1997. Mr. Steve Gyurisin, ofG. W. Clifford and Associates, appeared before the Board at this time on behalf of the petitioner. He explained to the Board that reports he has received from FEMA does not show this area as being in the flood plain. Mr. Sager questioned the area of Abrams Creek and if possible run off from this development could affect flooding in the creek. Mr. Smith inquired about plans for underground wiring for the development. Mr. Dave Holiday, developer, replied yes, this is part of the plan. Mr. Smith asked when this project was slated to start. 585 Mr. Gyurisin replied as soon as the land disturbing permit is issued. Mr. Smith stated that the speed limit on old Greenwood Road is an area of concern and one that needs to be addressed. Mr. Longerbeam questioned the proposed entrance as it pertains to the present road as well as for the future road plan. He also addressed the type of bonding planned. Mr. Orndoff moved for approval and Mr. Shickle seconded for the approval of master development plan of Hill Valley. 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 Mr. Smith stated that he felt there should be no more approvals of any type of development in this area until such time as the new road is completed. End of Planning Commission Business. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Tuesday, April 30, 1996, at 7:30 a.m. Present were board members Charles W. Orndoff, Sr. and W. Harrington Smith, Jr., committee members James T. Vickers, Jim Wilson and Thomas Offutt; 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 board action: Request From Esther Bovd Rel!ardiUi~ S.P.C.A. The attached letter dated April 5, 1996 was received from Esther Boyd requesting that the S.P.C.A. remove Frederick County from their letterhead. After listening to a brief presentation from Esther Boyd and discussing the current practices at the S.P.C.A. and the Frederick County Animal Shelter, W. Harrington Smith, Jr. made a motion to send a letter signed by the County Administrator to the S.P.C.A. requesting that Frederick County be removed from the local S.P.C.A. letterhead. This motion was seconded by Thomas Offutt and unanimously approved by the committee (see Attachment 1). Relocation of Middle Road Container Site The Director of Public Works presented a plan to close the existing container site located on Middle Road and relocate the site to an abandoned transformer site currently owned by Potomac Edison. The Middle Road site has been severely abused over the last few years. As a consequence 586 of this abuse, the department has received numerous complaints from the adjacent neighbors. Despite the county's attempts to alleviate the problem by adding containers, temporary fencing and a part-time attendant, the abuse has continued without much change. The staff and Back Creek supervisor have been looking for an alternative site for at least three (3) years. We have finally located a site that was previously used by Potomac Edison as a substation. This particular site includes four and one-half acres of land and a fenced enclosure with dimensions of 80 feet by 120 feet. We have contacted Potomac Edison concerning the availability of the property and the feasibility ofleasing or purchasing a portion of the property for use as a citizens convenience area. We would need to construct an access road approximately 300 fee in length to connect the fenced enclosure with the adjacent secondary road. Ifwe are successful in reaching an agreement with Potomac Edison, we are proposing to initially transfer the containers currently located on Middle Road to the new site. This site would have limited hours of operation and would have a part-time attendant to discourage illegal dumping and control litter. A motion was made by Jim Wilson and seconded by Tom Offutt to proceed with closing the Middle Road site subject to the relocation to the Potomac Edison site. The committee unanimously approved this motion. The committee also recognized that any purchase of property would be subject to the approval of the Board of Supervisors. The following items were provided for the boards information only: Reclassification of Landfill Personnel The attached memorandum from the Director of Public Works explains the proposed reclassification of landfill personnel. These proposed reclassifications will result in several employees receiving increases in salary commensurate with the assumption of additional responsibilities. After discussing this issue in great detail, a motion was made by W. Harrington Smith, Jr. to approve the proposed reclassification provided that additional funding would not be required for the current or proposed FY96/97 budget. The motion was seconded by Jim Vickers and unanimously approved by the committee. The proposed reclassification will be forwarded to the Personnel Committee for their action with the endorsement of the Public Works Committee (see Attachment 2). Re-evaluation of Slud!!e Disposal Tippin!! Fee Our recent testing of the treated landfill leachate effluent has revealed that we are getting significant benefit from the lime stabilized sludge derived from the Opequon Treatment Plant. In essence, the lime enhanced sludge is serving as a PH buffering agent for the predominantly acidic leachate. This buffering is having a positive influence on our treatment process. Consequently, we are evaluating the possibility of reducing the tipping fees charged for the sludge disposal commensurate with the new benefits. The results of our study will be reported to the committee during our May meeting. Road Sil!:n Fabrication Road sign vandalism is continuing at a rate of approximately eight (8) percent per year or approximately $30,000. In an effort to reduce our maintenance cost, we have contacted the City of Winchester concerning the fabrication of our signs. We have enclosed a comparison of our contract pricing versus the prices received from the City of Winchester. Because of the significant differences, we have elected to contract with the city to fabricate our signs. This choice will also allow us to dramatically reduce the fabrication time (see Attachment 3) Miscellaneous Reports a. Animal Shelter Report (see Attachment 4); b. Recycling Report (see Attachment 5); and c. Tonnage Report (see Attachment 6). 587 UPON MOTION MADE BY ROBERT M. SAGER, SECONDED BY CHARLES W. ORNDOFF, SR., THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. Jo Riley, Jr. Clerk, Board of Supervisors