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April 12, 1995 Board of Supervisors Retreat 248 A Regular Meeting of the Frederick County Board of Supervisors was held on April 12, 1995, at 6:30 P.M., in the Board of Supervisor's Meeting Room, Frederick County Courthouse, Loudoun street Mall, Winchester, Virginia. PRESENT: Richard G. Dick, Chairman; W. Harrington Smith, Jr., Vice-Chairman; James L. Longerbeam; Robert M. Sager; Jimmie K. Ellington; and Charles W. Orndoff, Sr. CALL TO ORDER The Chairman called the meeting to order. 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 Virqinia, 1950, as amended, section 2.1-344, Subsection A(1) and (3) to Discuss Personnel and Acquisition and Disposition of Real Estate. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the board withdrew from executive session. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Charles W. orndoff, Sr., seconded by W. Harrington Smith, Jr., the board reconvened into regular session and certified nothing other than what was noted as reason for going into regular session was 249 discussed. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye BOARD RECONVENES The Chairman reconvened the meeting at 7:15 P.M. INVOCATION The invocation was delivered by Reverend Ruth Crum Stotler of the Church of the Good Shepherd. ADOPTION OF AGENDA Mr. Riley suggested placing the information pertaining to the landfill number 4 under county Officials. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the agenda was adopted as amended by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye CONSENT AGENDA Mr. Riley suggested the following tabs be approved under consent agenda: 1. Closing of County Offices for the Apple Blossom Festival - Tab Ci 2. Future Vacancies on the Shawnee land Sanitary District Advisory Committee - Tab Ei 3. Rail Preservation Application Resolution from the Winchester and Western Railroad Company - Tab Gi 4. Virginia Department of Transportation Resolution Re: Route 522 - Tab Ii 5. National Highway System (NHS) Legislation Resolution - Tab Ji 6. Budget Transfer Request - Tab Ni 7. Pembridge Heights, section I,ll, & III, Road Resolu- tion - Tab Xi 8. Parks and Recreation Commission Report - Tab Yi 9. Public Works Committee Report - Tab Zi 50 10. Joint Finance Committee Report - Tab Z(l) Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the consent agenda was approved by the following recorded vote: Richard G. Dick - Aye w. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye DEBBIE LONG SELECTED AS EMPLOYEE OF THE MONTH FOR MARCH. 1995 Mr. Robert Sager asked Debbie Long, employee of the County Extension Department, to come forward at this time to receive the county plaque for being selected employee of the month for March, 1995. Debbie was present to receive her award. MINUTES Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, the minutes of the Regular Meeting of March 8, 1995 were approved as submitted by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye CITIZEN COMMENTS Mr. Kenneth Y. stiles, Stonewall District, addressed the board with four concerns: The first has to do with various articles that he has read with regard to those taking credit for saving the county money, one being the school board. He just wanted to set the record straight, as the school board had no plans to use literary funds and he was the one that had contacted the schools about using literary funds instead of VPSA bonds, because of the savings that could be realized by using this type of financing. He addressed the Industrial Revenue Authority financing that was planned for the new county office building and the fact this was being done solely for 251 the purpose of avoiding the referendum being taken to the citizens of Frederick County and he feels this is very dishonest. He feels this building will only be a half built building due to the amount of funding that was announced at the climax of the negotiations with the City of Winchester for the county to remain downtown and that the end result will not be a building that could have been built in the county for the same amount of money. He does not feel the county needs to purchase a fire truck. In the 1980's a mutual aid agreement was signed with the City of Winchester to cover all the points that are being brought out at this time. He feels this needs to be worked out with the City rather than spending $300,000 of taxpayers dollars that the county does not have for a ladder truck that the county does not need. He referred to figures that John Riley used with regard to fund balance are subject to misinterpretation. The two times during eight years that fund balance was used was to balance the budget, however the remaining times the funds were used toward capital projects out of fund balance, and they were a one time source of funds. Mr. Stiles requested that the following article, that appeared in the Winchester Eveninq star on March 7, 1995, be made part of the record: On Wednesday, March 8, at 7:15 p.m., in the old Frederick County Courthouse, the Frederick County Board of Supervisors will consider the 1995 county capital improvements plan, and on March 28, the board will hold a public hearing on the 1995-96 county budget. These two documents, if adopted, will have far-reaching and expensive circumstances for the people of Frederick County. The county's proposed $4 million, 68,000-square-foot new office building is a classic case of a building we don't need at a price we can't afford. With the 30,000-square-foot $2.5 million lawyers' building the county has purchased, there is no conceivable need for this much additional space. Beginning in the next fiscal year (1996-1997), these two buildings will add more than $600,000 per year in debt service to the county budget. It is highly unlikely that a building this size can be built for $4 million. So if construction proceeds, what we will most likely end up with is an expensive half-finished building, for which some future board will have to spend even more of our money to complete. I suspect that the best hope for taxpayers is that, given the allowance for special features that the county has designated, no one is likely to bid II 252 on the project. The Byrd family has a long and distinguished history of fighting to protect the people of Virginia from uncontrolled government debt. Given that record, I am stunned that the Byrd family newspaper has endorsed a project like this that is being financed by a back-room, under-the-table scheme that county officials openly admit is designed to prevent the voters of Frederick County from exercising their consti- tutional rights as Virginians--the right to be free from government debt unless they vote to accept that debt in a referendum. Industrial Development Authority bonds were never intended to serve as a loophole in the Constitution of Virginia to allow free-spending politicians to advance their schemes free from the will of the people. The capital improvements plan calls for moving the school administration into this new building; renovating, expanding, and reopening Kline School; building a new elementary school on Va. 7; replacing Stonewall School; and expanding James Wood and Sherando. According to school administration figures, dated Dec. 28, 1994, these proposals will increase school debt service by $700,000 for Fiscal Year 1995-1996, and by another $1.7 million for Fiscal Year 1996-1997. These proposals are as follows (according to school administration figures): The capacity of three proposed schools--Va. 7 (750), Kline (550), and Stonewall (550)--equals 1,850 students. The capacity of the schools scheduled to close--Robinson (298), old Stonewall (527), and Gainesboro (260)--comes to 1,085. Thus, for a net increased capacity of 765 students, the cost to Frederick County residents will be approximately $17 million. It is just plain stupid to relocate the administration from Kline, and there is no way to justify spending $17 million of taxpayers money to increase elemen- tary capacity. According to information from the school system, dated september 30, 1994, current elementary capacity, including modular units, is 4,949. Since 1988, the county has opened three new elementary schools while enrollment has been relatively stable, according to information provided by the school system, and is actually lower now than two years ago. In fact, by way of comparison, there are currently 3,506 students in grades 1-5 in Frederick County; in 1970, more than 24 years ago, there were 3,502 students in grades 1-5. The population then in Frederick county is about half what it is now. Since 1988, when elementary school enrollment in September stood at 3,832 students, there has only been an increase of 412 students, to 4,244. In that time, however, the county has added a design capacity of 1,905 new seats in the three new schools--Indian Hollow (built in 1988), Middletown (1989), and Armel (1991). In that time frame, two schools, Gore and old Middletown, with a capacity of 475 students, have closed. Thus, the net new capacity since 1988 is 1,430 students. This said, how on earth do the board of supervisors and the school board justify aSking the county taxpayers to shell out an additional $17 million to build more elementary school space at a time when enrollment is not increasing? If the county proceeds with this farce, crunch time will come in the spring of 1996, and something will have to give. If the administration moves, Kline will either sit empty or must be renovated. Where will that leave stonewall School? 254 Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager the following citizens were reappointed to the Board of Assessors: H. Harold Lehman - Back Creek District Arend L. Nydam - Gainesboro District Ronald Bowers - Opequon District Ronald V. Shickle - Stonewall District The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye MARY JANE LIGHT REAPPOINTED TO HISTORICAL RESOURCES ADVISORY BOARD Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., Mary Jane Light was reappointed to the Historical Resources Board as the representative from Stonewall District. This term will commence on April 12, 1995 and expire on April 12, 1999. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye REOUEST TO PLACE CERTAIN NAMES ON BALLOT FOR SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE - APPROVED UNDER CONSENT AGENDA Applications from the following individuals have been received as a result of being advertised in the local paper: David J. Beeler, Jr. Roy H. Hippert, Jr. Margaret B. LeMaster Sharon McPeak Ann M. Smith Jack C. Williams STEVEN STIEFEL. ENVIRONMENTAL HEALTH MANAGER. LORD FAIRFAX HEALTH DISTRICT ADDRESSES THE BOARD RE: 1994 YEARLY REPORT Mr. Steven Stiefel, Environmental Health Manager, Lord Fairfax Health District, appeared before the board at which time he presented various facts and figures dealing with the 255 departments 1994 yearly report. WINCHESTER AND WESTERN RAILROAD COMPANY RAIL PRESERVATION APPLICATION RESOLUTION - APPROVED UNDER CONSENT AGENDA WHEREAS, the WINCHESTER & WESTERN RR desires to file an application with the VIRGINIA DEPARTMENT OF TRANSPORTATION for safety and improvement projects; and WHEREAS, the identified safety projects are estimated to cost $54,000 and the improvement projects are estimated to cost $2,248,993; and WHEREAS, the 1995 General Assembly has approved funding for the acquisition, lease or improvement of railways within the Rail Industrial Access Program budget; and WHEREAS, the WINCHESTER & WESTERN RR is an important element of the WINCHESTER/FREDERICK COUNTY transportation system; and WHEREAS, the WINCHESTER & WESTERN RR is instrumental in the economic development of the WINCHESTER/FREDERICK COUNTY area, and provides relief to the highway system by transporting freight, and provides an alternate means of transporting commod- ities; and WHEREAS, FREDERICK COUNTY supports the project and the retention of rail service; and WHEREAS, the COMMONWEALTH TRANSPORTATION BOARD has estab- lished procedures for all allocation and distribution of the funds approved by the 1995 General Assembly. NOW, THEREFORE, BE IT RESOLVED that FREDERICK COUNTY does hereby request the VIRGINIA DEPARTMENT OF TRANSPORTATION to give priority consideration to the projects proposed by the WINCHESTER & WESTERN RR totaling $2,302,993 in FREDERICK COUNTY and THE CITY OF WINCHESTER. FISCAL YEAR 1995-1996 BUDGET/CAPITAL IMPROVEMENTS PLAN - APPROVED Mr. Riley read the following budget resolution: WHEREAS, a notice of public hearing and budget synopsis has been published and a public hearing held on March 28, 1995, in accordance with Title 15.1, Chapter 4, Section 15.1-162, of the Code of Virginia, 1950 as amended, THEREFORE BE IT RESOLVED, by the Board of Supervisors of the county of Frederick, Virginia, that the budget for the 1995-96 fiscal year as advertised in The Winchester star on March 13, 1995, as amended be hereby approved in the amount of $105,360,499 and that appropriations in the amount of $105,360,499 be hereby authorized for the 1995-96 fiscal year and, BE IT FURTHER RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, does herein adopt the tax rate for the 1995 assessment year at the rate of .55 cents to be applied to real estate, the rate of $4.25 to be applied to personal property, $2.25 applied to personal property on one vehicle to volunteer firefighters that are approved and regis- tered with the Fire and Rescue Department, the rate of $4.25 to be applied to airplanes and zero tax to be applied to antique vehicles, the Business and Professional Occupational License rates are as follows: retail .20 cents per $100 of gross re- ceipts, prOfessional services .58 cents per $100 of gross 256 receipts, personal and business .36 cents per $100 of gross receipts, wholesale .05 cents per $100 of purchases and the rate of $2.00 on declining values to be applied to machinery and tools. BE IT FURTHER RESOLVED, that appropriations are hereby authorized for the central stores fund, special welfare fund, health insurance fund and unemployment compensation fund equal to the total cash balance on hand at July 1, 1995, plus the total amount of receipts for the fiscal year 1995-96. Mr. Orndoff stated that he did not agree with the amount that was being taken from fund balance in order to balance this year's budget and for that reason he plans to vote against the budget. Mr. Dick referred to Senate Bill #898 and how it's final outcome could affect the county's budget in that the worse scenario would be a loss of $600,000 with the best being $300,000. He further stated that he had requested an answer as to what the exact impact would be on the county since February 12 and as of this date he has not received an answer and he wanted to know why neither the Commissioner of the Revenue, the County Attorney, nor the County Finance Director could not answer his question. Mr. Riley explained that the difference could come from fund balance. Mr. Longerbeam explained that this possible loss in revenue was anticipated and discussed during budget delibera- tions. He further explained that only a portion of this loss of funds would be felt this year, the rest would be in 1996-1997 budget. Mr. Dick stated that he felt the county should have a definite answer by this time in the budget year exactly how this Senate Bill was going to affect the county's budget and he is not at all happy with how this has been handled nor with the circumstances of the entire question. Upon motion made by w. Harrington Smith, Jr., seconded by James L. Longerbeam, the above budget resolution was approved by the following recorded vote: 257 Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Nay Charles W. Orndoff, Sr. - Nay Mr. Orndoff moved and Jimmie K. Ellington seconded to remove from the Capital Improvement List the renovation of Kline Elementary School from the present school administrative offices back into an operating elementary school. The above motion was denied by the following recorded vote: Richard G. Dick - Nay W. Harrington Smith, Jr. - Nay James L. Longerbeam - Nay Robert M. Sager - Nay Jimmie K. Ellington - Nay Charles W. Orndoff, Sr. - Aye Mr. Dick explained that it will cost $7 to $8 million to build another elementary school and only $2 million to renovate this current office complex back into an elementary school. Mr. Orndoff addressed the issue of pupils being bused in order to attend Kline. He further questioned the parking issue, and lack of, that needs to be addressed for those that will be working in the new county office building. Mr. Riley addressed this issue and how he felt it could be worked out. Mr. Sager stated that it is his understanding that Gaines- boro Elementary School and its "future" is not included in the CIP at this time. Mr. Dick replied that is correct. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the Capital Improvements List was ap- proved as presented by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Nay Charles W. Orndoff, Sr. Nay AMENDED RESOLUTION FROM THE VIRGINIA DEPARTMENT OF TRANS-. PORTATION RE: ROUTE 522 - APPROVED UNDER CONSENT AGENDA WHEREAS, primary Route 522 from 3.53 mile south of.the West Virginia State Line to the West Virginia State Line has been altered as shown on the plans for Project #6522-034-109, C502, 258 RW202, and; WHEREAS, the virginia Department of Transportation has provided this Board with a sketch dated April 24, 1994, and revised February 27, 1995, depicting required changes in the primary and Secondary Systems of State Highways, which sketch entitled "Changes in the Primary and Secondary Systems Due to Relocation and Construction on Route 522, Project #6522-034-109, C502, RW202" is hereby incorporated herein by reference, and; WHEREAS, a new road now serves the same citizens as those portions of old road identified to be abandoned and those portions to be abandoned no longer serve a public need; NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation abandon from the Primary System of State Highways those portions of Primary Route 522 identified as Sections 1, 1A and 2 and shown in yellow on the aforementioned sketch, pursuant to Section 33.1-148 of the Code of Virginia of 1950, as amended, and; BE IT FURTHER RESOLVED, that this Board requests that the Virginia Department of Transportation add to the Second- ary system of State Highways those portions of Secondary Route 696 identified as Section 5 and 6 and shown in red on the aforementioned sketch, pursuant to section 33.1-229 of the Code of Virginia of 1950, as amended, and; BE IT FURTHER RESOLVED, that this Board abandons from the Secondary System of state Highways the portion of Secondary Route 696 identified as Sections 3 and shown in blue on the aforementioned sketch, and the portion of Secondary Route 697 identified as Section 4 and shown in blue on the aforementioned sketch, pursuant to Section 33.1-155 of the Code of Virginia of 1950, as amended, and; BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. NATIONAL HIGHWAY SYSTEM CNHS) LEGISLATION RESOLUTION - APPROVED UNDER CONSENT AGENDA WHEREAS, the nation's interstate highway system has been instrumental to the economic vitality of our country but as envisioned in the 1950's is not sufficient to allow our continued growth in the 21st century; and WHEREAS, the united States House of Representatives and united States Senate each passed legislation in the 103d Congress to approve a new National Highway System of about 159,000 miles, but failed to reconcile the differences between the bills before Congress adjourned, and so the bills died at that time; and WHEREAS, over $6.5 billion in available federal highway funding will not be apportioned to the states unless the new National Highway System is approved by September 30, 1995; and WHEREAS, the system was based on plans submitted to the federal government by the states and developed in consulta- tion with local authorities within each state; and WHEREAS, the National Highway system comprises only four percent of the nation's public roaas but will carry 40 perc~nt of all highway traffic and 75 percent of heavy truck 259 traffic; and WHEREAS, 60 percent of u.s. households and 70 percent of our businesses are within five miles of an Interstate route, but 90 percent and 95 percent respectively will be that close to the National Highway System; and WHEREAS, funding for the National Highway System can be expected to fund 250,000 jobs each year; and WHEREAS, traffic congestion currently costs travelers about $1 billion per year in lost productivity in each of the nation's eight largest metropolitan areas; and WHEREAS, nearly 70 percent of the access roads to container- ized ports are usually or always congested and so improvement of these roads will help the country compete in the global economy; and WHEREAS, the National Highway System will benefit all consumers, reducing the cost of transporting goods and products, thereby producing savings for us all; and WHEREAS, the National Highway System is important to the nation's defense, including 15,500 miles of Strategic Highway Network identified by the Department of Defense, and 2,000 miles providing access to 242 military bases; and WHEREAS, every dollar that the federal government spends on better highways in this country is derived from user fees charged to highway users; and WHEREAS this legislation will be beneficial to the nation, the State of virginia and Frederick County; NOW, THEREFORE, BE IT RESOLVED that the Frederick County Board of Supervisors supports and recommends passage of legisla- tion by the united States Congress in 1995 to approve the National Highway System. CONCURRENT RESOLUTION PROCLAIMING INTEREST IN AND COMMIT- MENT TO CONSTRUCTING A NEW SECURE REGIONAL JUVENILE DETEN- TION FACILITY AND APPOINTMENT OF COMMISSION - APPROVED WHEREAS, the City of Winchester and the Counties of Clarke and Frederick desire to construct a new regional secure juvenile detention facility to house approximately twenty-four (24) juveniles; and WHEREAS, it is requested that the Commonwealth of Virginia, Department of Youth and Family Services, provide funds to assist with the financing of the juvenile detention facility, pursuant to the Code of Virginia; and WHEREAS, a statement of interest and commitment and a request for reimbursement is required by the Commonwealth of Virginia from each local government participating in the pro- ject; and WHEREAS, the City of Winchester and the Counties of Clarke and Frederick desire to appoint all members of the Clarke- Frederick-Winchester Regional Jail Board to serve as the Re- gional Juvenile Detention Center Commission and provide them with such powers as set forth in the Code of Virginia. THEREFORE, BE IT RESOLVED by the Common Council of the city of Winchester and the Boards of Supervisors of Clarke and Frederick Counties, in separate meetings duly assembled as follows: 60 The City Manager of the City of Winchester and the County Administrators of the Counties of Clarke and Frederick are hereby authorized and directed by their respective governing bodies to transmit an executed copy of this Concurrent Resolution to the Commonwealth of Virginia to proclaim each local government's interest in a commitment to constructing a new regional juvenile detention facility; to request reimbursement from the Commonwealth of Virginia for the construction and operation of such facility; and to appoint the Regional Jail Board to serve as the Regional Juvenile Detention Center Commission; Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the above resolution was approved by the following recorded vote: Richard G. Dick - Aye w. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye LEASE FINANCING OF CERTAIN PUBLIC SCHOOL FACILITIES RESOLUTION - APPROVED The Frederick County School Board ("School Board") proposes to obtain financing for the (i) acquisition, construction and equipping of a new elementary school and (ii) renovations, expansions and improvements of the James Wood High School and the Sherando High School ("Project") through the issuance of lease revenue notes in a maximum principal amount of $10,000,000 ("Notes") to be issued by the Industrial Development Authority of the County of Frederick, Virginia ("Authority"). The Notes will be payable from revenues derived by the Authority from the Lease Agreement between the Authority and the School Board ("Lease") pursuant to which the Authority will lease the Project to the School Board for rental payments calculated to be sufficient to pay the principal of and interest on the Notes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPER- VISORS OF THE COUNTY OF FREDERICK, VIRGINIA: The Board of Supervisors hereby agrees, on behalf of the County, to pay to the School Board amounts sufficient to pay the rental payments and any other amounts owed by the School Board to the Authority under the Lease, subject to annual appropriation by the Board of Supervisors, the School Board and the County anticipate that the principal of the Notes will be paid from the proceeds of a loan or loans from the Literary Fund to the School Board. The County Admini- strator is directed to submit for each fiscal year while the Notes are outstanding a request to the Board of Supervisors for an appropriation to the School Board separate from all other appropriations to the School Board for an amount equal to the rental payments coming due under the Lease for the next fiscal year. The County's obligations to make payments to the School Board pursuant to this resolution shall be subject to and dependent upon annual appropriations being made from time to time by the Board of supervisors for such purpose. Nothing in this Resolution, the Notes or the Lease shall constitute a pledge of the full faith and credit of the County beyond the constitutionally permitted annual appropriations. 261 2. The county Administrator and such officers, employ- ees and agents of the County as he may designate, are authorized and directed to execute and deliver any and all instruments, certificates and other documents required to carry out the purposes of this Resolution. The undersigned Clerk of the Board of Supervisors for the County of Frederick, Virginia certifies that the foregoing resolution was duly adopted at a meeting of the Board of Super- visors duly called and held on April 12, 1995. Upon motion made by James L. Longerbeam, seconded by Jimmie K. Ellington, the above resolution was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye PROPOSED SEALED BID OFFER TO PURCHASE A USED AERIAL LADDER TRUCK - APPROVED AS AMENDED Mr. Riley presented this request to the Board explaining that in light of ladder truck provisions in the recently execut- ed Memorandum of Understanding with the City of Winchester, staff has been researching the suitability of a used aerial ladder truck recently advertised for sale in Rowlett, Texas. The vehicle is a 1988 E-One, 110 foot rear mount aerial truck with pump, tank, and pre-piped waterway. Staff made an inspec- tion trip on April 1, 1995 and found the vehicle to be in excellent mechanical and operational condition for a used vehicle. The vehicle is offered by sealed bid and the minimum acceptable bid is advertised as $225,000. Bids are to be opened April 20, 1995 at 2:00 P.M. Staff believes that this vehicle will meet the counties current and future needs and its age and condition should provide 15 plus years of frontline service to the county if properly maintained. Mr. Riley requested bid and negotiation authority up to a maximum of $300,000. Mr. Riley recommended to the Board that if the county is the successful bidder that the county initially advance the funding needed for the purchase from reserves until bank quali- fied tax exempt financing can be secured, repayment is antici- 262 pated to occur in January, 1996. Under this schedule, the county would use reserve funds for an 8 month period until we could convert to our lease arrangement and repay the funds. Mr. Tom Owens, emergency services coordinator, appeared before the Board to further explain the need for this vehicle. A lengthy discussion followed between the Board and Mr. Owens about the need, cost and how proffers enter into helping defray fire and rescue cost. Mr. Smith asked where this piece of equipment would be housed. Mr. Owens stated for the present time it would be housed in Stephens city, but could eventually be moved to the airport. Mr. Orndoff asked how much would it cost to equip this vehicle. Mr. Owens replied approximately $50,000. Mr. Sager asked whether additional personnel would be needed to man this vehicle. Mr. Owens replied not in the foreseeable future. Mr. Orndoff addressed the amount of calls where the city assisted the county during the last five years (167) and of those calls how many times was a ladder truck needed. Mr. Owens stated that he could not correctly answer that question as he was not here during that entire period. Mr. Dick closed the discussion. Mr. Ellington moved to approve using a ceiling price of $300,000 and Mr. Smith seconded the motion. Mr. Orndoff did not agree with the $300,000 figure and asked if any thought had ever been given to putting an RFP out for a ladder truck for the county. Mr. Longerbeam offered an amendment to this motion in that the amount be lowered to $250,000, with anything higher coming back to the board for further approval. 263 The above amendment was approved by the following recorded vote: Richard G. Dick - Aye w. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Nay Charles W. Orndoff, Sr. - Nay The following vote was on the original motion with the amended amount: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Nay RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK. VIRGINIA DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF A FINANCING FOR ACOUISITION OF FIRE EOUIPMENT - APPROVED The Board of supervisors of the County of Frederick, Virginia ("County") has determined that it is necessary or desirable to advance money to pay the costs of acquiring a fire truck to serve the County ("project") and to reimburse such advances with proceeds of a financing. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. The Board of Supervisors adopts this declaration of official intent under Treasury Regulations Section 1.150-2. 2. The Board of Supervisors reasonably expects to reim- burse advances made or to be made by the County to pay the costs of acquiring the project from the proceeds of its debt or other financing. The maximum amount of debt or other financing expected to be issued for the Project is $250,000. 3. This resolution shall take effect immediately upon its adoption. ADOPTED this 12th day of April, 1995. Upon motion made by W. Harrington smith, Jr., seconded by James L. Longerbeam the above resolution was approved by the following recorded vote: RiChard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye BUDGET TRANSFER REOUEST RE: COUNTY OFFICE BUILDINGS TO FUND 83 ADMINISTRATION BUILDING - APPROVED UNDER CONSENT AGENDA Mr. Riley is requesting a budget transfer in the amount of $25,874 from County Office Buildings to Fund 83 Administration Building. This amount is needed to be transferred due to 264 amounts for utility and repairs to new administration building being budgeted in Fund 10, but expenditures paid out of Fund 83. No additional funds are needed. EMERGENCY BAN ON OPEN AIR BURNING - APPROVED - RESCIND- ED FOR NOW BUT WILL REMAIN ON FILE IN THE EVENT IT MAY BE NEEDED AT A FUTURE DATE Public Hearinq: CONCURRENT RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF WINCHESTER AND THE BOARD OF SUPERVISORS OF FREDERICK COUNTY TO AMEND THE ARTICLES OF INCORPORATION OF THE FREDERICK-WINCHESTER SERVICE AUTHORITY - APPROVED Mr. Riley explained that this same resolution was approved by the city in its meeting on January 10 and by the Board in its meeting held on January 25, 1995; however, the City Attorney has indicated that the state Corporation commission requires a public hearing on this before adoption by the governing localities. Therefore, the resolutions are being presented again for approval by the City and County after public comment has been received. There was no public comment. Upon motion made by James L. Longerbeam, seconded by Jimmie K. Ellington, the above resolution was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye VACATION OF A 2280 SQUARE FOOT PORTION OF A 6242 SOUARE FOOT EASEMENT LOCATED AT THE NORTH END OF ARBOR COURT (ROUTE 1000) - APPROVED Mr. Riley presented this request to the Board. There was no public input. Upon motion made by James L. Longerbeam, seconded by W. Harrington smith, Jr., the above vacation of easement was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye 265 Ordinance Amendments: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 155. TAXATION: ARTICLE IV. PERSONAL PROPERTY TAXES: SECTION 155-26. EXEMPTIONS: TO AMEND PARAGRAPH A. VOLUNTEER FIREFIGHTERS AND RESCUE SOUAD PERSONNEL - APPROVED BE IT ORDAINED, that Chapter 155, Taxation; Article IV, Personal Property Taxes; section 155-26, Exemptions; Paragraph A, is hereby amended to read as follows: S 155-26. Exemptions. A. Volunteer firefighters and rescue squad personnel. Pursuant to the provisions of section 58.1-3506.A.13 of the Code of Virginia of 1950, as amended, one (1) motor vehicle which is owned by each volunteer rescue squad member or volunteer fire department member is hereby to be declared to be in a separate class of property for tangible personal taxation, constituting a classification for local taxation separate from other such classification of tangible personal property, provided the volunteer rescue squad member or volunteer fire department member regularly responds to emergency calls. In January of each year, the said volunteer shall furnish the Commissioner of the Revenue with a certification by the chief or head of the volunteer organ- ization, that said volunteer is a member of the volunteer rescue squad or fire department who regularly responds to calls or regularly performs other duties for the rescue squad or fire department, and the motor vehicle owned by the volunteer rescue member or volunteer fire department member is identified. Any replacement vehicle so certified shall be classified as above and subject to proration pursuant to section 155.26.1 of this Code. There was no public input. Upon motion made by w. Harrington smith, Jr., seconded by Jimmie K. Ellington, the above ordinance amendment was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 155. TAXATION: ARTICLE XVI. SPECIAL LICENSE PROVISIONS: TO AMEND SECTION 155-101. ITINERANT AND DISTRESSED MERCHANDISE VENDORS. BY THE ADDITION OF PARAGRAPH E - APPROVED BE IT ORDAINED, that Chapter 155, Taxation; Article XVI, Special License Provisions; To Amend Section 155-101, Itinerant and Distressed Merchandise Vendors, by the Addition of Paragraph E, is hereby amended to read as follows: S 155-101. Itinerant and Distressed Merchandise Vendors. E. No license tax shall be required under this section for any itinerant merchant participating in an event, not to exceed consecutive three (3) days in length, sponsored and conducted by a nonprofit organization operated or chartered 266 within the County, when the purpose of such event is in furtherance of the nonprofit nature of such organization and the sale of any goods, wares, or merchandise is merely ancillary to such event and not the primary purpose therefore, and any itinerant merchant shall have registered with and been approved by such nonprofit organization. There was no public input. Upon motion made by Robert M. Sager, seconded by W. Harrington smith, Jr., the above ordinance amendment was ap- proved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 158. VEHICLES AND TRAFFIC: ARTICLE III. COUNTY VEHICLE LICENSES: SECTION 158-15. ENFORCEMENT OF UNIFORM REGIONAL COMPACT FOR CROSS JURISDICTIONAL ENFORCEMENT OF LOCAL MOTOR VEHICLE LICENSING REOUIRE- MENTS - APPROVED BE IT ORDAINED, that Chapter 158, Vehicles and Traffic; Article III, County Vehicle Licenses; Section 158-15, Enforce- ment of Uniform Regional Compact for Cross Jurisdictional Enforcement of Local Motor Vehicle Licensing Requirements, is hereby amended to read as follows: S 158-15. Enforcement of Uniform Regional Compact for Cross-Jurisdictional Enforcement of Local Motor Vehicle Licensing Requirements. Pursuant to the Code of Virginia, ~ 46.2752K, as amended, and the Regional compact for Cross-Jurisdic- tional Enforcement of Local Motor Vehicle Licensing Requirements entered into by Frederick County, the City of Winchester, the Town of Stephens City, the Town of Middletown, the Town of Berryville, the Town of Boyce and the County of Clarke, any owner or operator of a motor vehicle or any other person required by law to obtain and display a valid local license by any jurisdiction which has entered into the Regional Compact for Cross-Jurisdictional Enforcement of Local Motor Vehicle Licensing Requirements ("participating jurisdiction")must display any such license while a motor vehicle upon which such license is required to be displayed is operated or parked (public street) within the boundaries of this jurisdiction. There was no public input. Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, the above ordinance amendment was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye 267 Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye Planninq Commission Business: Public Hearinq: REZONING APPLICATION 1009-94 OF VALLEY MILL ESTATES TO REZONE 17.8+ ACRES FROM RA (RURAL AREA) TO RP (RESIDENTIAL PERFORMANCE) FOR 22 SINGLE FAMILY DETACHED HOMES. THIS PROPERTY IS IDENTIFIED WITH PINS 55-A-176 AND 55-A-176B IN THE STONEWALL DISTRICT (This was incorrectlv advertised as Shawnee District) - APPROVED Mr. Kris Tierney, assistant planning director, presented this request to the board. Mr. Dick asked about proffers for Greenwood Fire Company and whether or not that has been satisfied. Mr. Tierney replied yes. There was no public input. Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington smith, Jr., the above rezoning application #009-94 was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye CONDITIONAL USE PERMIT 1001-95 OF MICHAEL SHEFFIELD FOR A COTTAGE OCCUPATION TO PRODUCE RODENTS AS A PET INDUSTRY SUPPLIER. THIS PROPERTY IS LOCATED AT 4648 WARDENSVILLE GRADE AND IS IDENTIFIED WITH PIN 58-A-29 IN THE BACK CREEK DISTRICT - APPROVED Mr. Wayne Miller, zoning administrator, presented this request to the Board noting that staff and Planning commission recommended approval. There was no public input. Upon motion made by James L. Longerbeam, seconded by W. Harrington Smith, Jr., conditional use permit #001-95 was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye 268 CONDITIONAL USE PERMIT 1002-95 OF BARRY D. MYERS FOR A MOTEL/RESORT (BED & BREAKFAST). THIS PROPERTY IS LOCATED AT 473 VAUCLUSE ROAD NEAR STEPHENS CITY. AND IS IDENTIFIED WITH PIN 84-A-53 IN THE BACK CREEK DISTRICT - APPROVED Mr. Wayne Miller presented this request to the Board. There was no public input. Upon motion made by James L. Longerbeam, seconded by W. Harrington smith, Jr., conditional use permit #002-95 was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 165. ZONING: ARTICLE IV. SUPPLEMENTARY USE REGULATIONS: SECTION 165-37. BUFFER AND SCREENING REQUIREMENTS. WHICH WOULD PERMIT THE PLANNING COMMISSION TO ALLOW A MODIFIED ZONING DISTRICT BUFFER UNDER CERTAIN SPECIFIED CONDITIONS ON LAND LOCATED WITHIN AN APPROVED MASTER DEVELOPMENT PLAN - APPROVED AS AMENDED Mr. Kris Tierney presented this ordinance amendment to the Board. Mr. Longerbeam requested that D-6 be removed from this amendment as he feels staff needs a greater flexibility. Mr. Tierney explained that the Planning Commission had wanted this left in. There was no public input. Following board discussion it was their consensus that the last line would read "within a Master Development Plan". Upon motion made by W. Harrington Smith, Jr., seconded by James L. Longerbeam the above ordinance amendment was approved as amended as noted above by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye End of Public Hearings 269 RECOMMENDATIONS FOR STREAMLINING THE SITE PLAN REVIEW PROCESS - APPROVED Jean Moore, planner I, presented a report of the Department of Planning and Development which reflects their efforts to streamline the site plan review process. The report briefly analyzes the time schedule of the current process and offers recommendations to streamline the process even further. The Planning Commission approved the recommendations on March 15, 1995, and along with staff, request Board of Supervisor approval to incorporate these recommendations in the current site plan process. Mr. Watkins explained that these changes would be automatically in place unless the Board voted against them. The area of fees will be addressed later. ROAD RESOLUTION - PEMBRIDGE HEIGHTS. SECTIONS I. II. AND III - APPROVED UNDER CONSENT AGENDA PARKS AND RECREATION COMMISSION - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on March 21, 1995. Members present were: Charles Sandy, Robert Roper, Timothy Hockman, Robert Hartman, Charles Chapman, Jimmie Ellington. Submitted for Board Information Only: I. Fee Waiver Request - Mr. Hartman moved that the Methodist Churches pay the $25 fee to use Sherando Park for sunrise services on April 16, seconded by Mr. Hockman, carried unanimously (5-0). 2. FY 1995-96 Work Program - Mr. Roper moved to accept the department's 1995-96 Work Program, seconded by Mr. Hartman, carried unanimously (5-0). 3. Redbud Run Elementary School - Mr. Hartman moved not to enter into an agreement whereby the department commits a certain amount of money for a certain period of time for use of the gymnasium at Redbud Run Elementary School, seconded by Mr. Roper, carried unanimously (5-0). PUBLIC WORKS COMMITTEE - APPROVED UNDER CONSENT AGENDA The PUblic Works Committee met on Tuesday, April 4, 1995, at 7:30 a.m. Present were board members Charles W. Orndoff, Sr. and W. Harrington Smith, Jr., as well as board chairman Richard G. Dick, committee members Karen Kober, Dudley Rinker and Jim Wilson; County Administrator, John R. Riley, Jr. and Director of PUblic Works, Harvey E. Strawsnyder, Jr., P.E. The following items were discussed: *** Items Not Reauirinq Action *** 210 New Leachate Treatment Facilitv Only one bid was received for the new leachate treat- ment facility. This bid was submitted by Perry Engineering Company, Inc. in the amount of $712,723. The Director of Public Works will attempt to negotiate this price to reach an amount below the budget of $687,000 previously approved by the Board of Supervisors in their September 1994 meeting. If the price can be renegotiated, a contract will be awarded to Perry Engineering Company, Inc. Uodate on New Addition to Frederick County Animal Shelter A preliminary design has been completed for the addi- tion of a "cat" house at the Frederick County Animal Shel- ter. This design will be submitted to the State veterinar- ian, Dr. Dawkins, for his review and approval prior to soliciting bids. Uodate on Landfill Maintenance Facilitv The design of the new maintenance facility at the Frederick County Landfill has been completed. The request for bids will be advertised on April 8, 1995. The results of the bids will be returned to the committee on May 2, 1995, for approval. The budget has already been approved by the Board of Supervisors. Results of Brush Grindinq at the Landfill The brush grinding operation awarded to S. W. Rodgers, Inc. has been completed. The final invoice was $20,860 which represents a savings of approximately $9,000 from the original $29,800 budget estimate. Refuse Collection Mr. Richard Dick voiced his concern about the number of complaints that he has received concerning several of the compactor/container sites in Frederick County. In particu- lar, he had received complaints about the Middle Road container site. After a lengthy discussion, the Director of Public Works was tasked with the responsibility of preparing a plan to deal with the increased illegal dumping at the various compactor/container sites throughout the county. Several of the ideas discussed by the committee includ- ed fencing the sites and limiting hours of operation, increasing the operators time on site and closing the site. Miscellaneous Reports a. Animal Shelter Report (see Attachment 1); b. Recycling Report (see Attachment 2); and c. Tonnage Report (see Attachment 3). JOINT FINANCE COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Joint Finance Committee met on April 3, 1995, in the Rouss City Hall Council Chambers. Present were committee members W. Harrington Smith, Jr., James L. Longerbeam, Cheryl B. Shiffler, and John R. Riley, Jr., representing the County of Frederick; and committee members Harry S. Smith, Jerry B. Partlow, Edwin C. Daley, and Bill Ewing, representing the City of Winchester. 271 ***ITEM REQUIRING BOARD ACTION*** Joint JUdicial Center Parkinq The committee reviewed the request from Frederick County Board of Supervisors' Chairman Richard Dick and recommends approval (see Attachment 1). Winchester City Manager Ed Daley will contact the Winchester Parking Authority to discuss the process for implementation and enforcement. The Judges will continue to have reserved spaces. ***ITEMS FOR THE BOARD'S INFORMATION ONLY*** Consolidation/status winchester City Council Member Harry Smith provided a written statement (see Attachment 2) as to the city's under- standing of the progress on consolidation. County representa- tives felt that the position had merit and that pending projects should be brought to conclusion. The county did feel, however, that studying this issue to determine procedures and efforts to accomplish a successful consolidation effort should proceed. All in attendance appeared to agree on that direction. Memorandum of Understandinq The committee discussed the status of all agreements covered by the Memorandum of Understanding. It was felt by all in attendance that the agreements on the landfill and library could be signed. The enabling legislation for the airport had passed the General Assembly and the Frederick-winchester Service Authority's Articles of Amendment were being advertised for public hearing. Issues still remain with central dispatch (communications) and mutual aid. Public safety representatives are to report to the Joint Finance Committee during the first week in June, 1995. Frontier Museum The Joint Finance Committee received the request from Mrs. Glaize and Mrs. McKee on establishing a Frontier Museum in Winchester. Economic Development Commission Funding of the Economic Development Commission was dis- cussed with particular concern being directed toward funding of the Chamber and Preservation of Historic Winchester. Further information would be provided to the committee. The request for line item identification on Chamber already exists. Executive Session The committee met briefly in executive session to discuss acquisition of real estate which affected a joint agreement. BOARD APPROVES APPROPRIATING FUNDS TO PURCHASE APPROXIMATE- LY 109 ACRES IN SHAWNEE DISTRICT ADJOINING PRESENT LANDFILL FROM RYLAND CARPER - APPROVED Upon motion made by Robert M. Sager, seconded by W. Harrington smith, Jr., the Board hereby approves appropriating funds to purchase approximately 109 acres in Shawnee District, adjoining the present landfill, in the amount of $5,250 per acre 272 from Ryland Carper. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Nay BOARD OF SUPERVISORS COMMENTS Mr. smith stated that he would like for the Board Members that voted him down on the townhouses being built on Route 642 and Chinkapin Drive to go look at the current construction that is taking place in the area, and in doing so remember "what goes around comes around." Mr. Dick stated that in regard to the capital Improve- ments Plan he is in complete agreement with the elementary school being built on Route 7 as well as the school being built in Stonewall and the two additions to the high schools, but he feels at this point the board needs to stop and take a look, and perhaps a rest, on those remaining on the list as he feels there is a lot of unrest concerning the future of Gainesboro School. He feels a year is needed to sort this out and he also favors the plans for the Kline School property. He did vote for the budget as he does want to see the Stonewall project and others proceed. Mr. Sager stated that he too was in favor of putting the Gainesboro School project off for a year as he feels further study, and input, is needed before a final decision is made on this. UPON MOTION MADE BY W. HARRINGTON SMITH, JR., SECONDED BY ROBERT M. SAGER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. -'"",,,._"""',,,,,"'-""'""""'--:;:- r;;::;~-- .,