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HomeMy WebLinkAboutJuly 12, 1995 Regular Meeting 331 A Regular Meeting of the Frederick County Board of Supervi- sors was held on July 12, 1995, at 7:15 P.M., in the Gymnasium of Indian Hollow Elementary School, 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. INVOCATION The invocation was delivered by Reverend Floyd A. Murphy, retired. ADOPTION OF AGENDA Mr. Smith moved that under Tab D, the request from Economic Development Director, be forwarded to the EDC for their review and recommendation back to the Board. He further requested that under Tab J the Joint Finance Committee Report be tabled and sent back to the committee for further study and review and their recommendation back to the Board. Mr. Sager seconded this motion. 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 CONSENT AGENDA 1. Request from the Sheriff: General Fund Reimbursement - Tab D; 2. Virginia Department of Transportation Re: Temporary Closing of Route 636 - Tab E; 3. Public Works Committee - Tab I. Upon motion made by Robert M. Sager, seconded by W. Harrington smith, Jr., the consent agenda was approved 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 332 Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye CITIZEN COMMENTS No one appeared before the Board at this time. MINUTES Upon motion made by Robert M. Sager, seconded by Jimmie K. Ellington, the minutes of the regular meeting of May 24, 1995 were approved 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 - Aye Charles W. Orndoff, Sr. - Aye Upon motion made by Charles W. Orndoff, Sr., seconded by Jimmie K. Ellington, the minutes of the special meeting of June 9, 1995 were approved 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 - Aye Charles W. Orndoff, Sr. - Aye COMMITTEE APPOINTMENTS There were no committee appointments. REOUEST FROM SCHOOL BOARD CONCERNING CERTAIN CAPITAL IMPROVEMENTS APPROVED IN PART The school board requested a supplemental appropriation in the amount of $510,957.00 for the following projects: 1. Installation of new steam line at Frederick County Middle School - $77,980.00 2. Roof renovations on the James Wood Middle School library $31,381.00 3. Improvements to wooded area at Bass-Hoover Elementary School $60,000.00 4. Removal, replacement and upgrade of underground storage tanks. The low bid of $227,500.00 does not include anticipated costs related to contamination of soil at any of these sites. The additional $114,096.00 would be used as a contingency to cover these anticipated costs and also to remove and replac two tanks at James Wood Middle School if funds remain Mr. Smith stated that he feels the $114,096 contingency should remain and he feels the brush at Bass Hoover School 333 should be removed in the Fall of the year rather than at this time and he would so move for this at this time. He has no problem with numbers 1 and 2. Mr. Longerbeam seconded. Mr. Orndoff questioned the price for the removal of the tanks, as he has some problems with this. Mr. Tom Sullivan, administrative assistant with the school system, explained that there were eleven tanks involved. Mr. Larry Rickard, maintenance superintendent with the schools, gave a breakdown of where each tank was located. Some of the Board members questioned whether it was neces- sary to replace the gas tank at Aylor School. Mr. Sullivan explained that buses don't always come back to the transportation department in Albin to refuel, depending on where their routes are. Mr. smith asked if there is a time limit as to when this work on the gas tanks has to be completed. Mr. Rickard replied 1998. Mr. Longerbeam stated that he felt this needed additional discussion and review before finalizing the decision. Mr. Orndoff asked if this had been looked into as far as soil contamination. Mr. Rickard replied no, not at this point. Mr. Smith requested that the $60,000 be deleted for the Bass Hoover project. Mr. Longerbeam explained that he feels the board needs more information before approving these cost figures. Mr. Ellington stated that he feels the project at Bass Hoover should not be put off. Mr. Sullivan explained to the Board the figures presented to the Board were only quotes for this project they are not official bids. Mr. Ellington stated that in reconsidering he would agree with Mr. Smith that this project could be delayed until Fall. The above motion was approved by the following recorded 334 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 REOUEST FROM THE SHERIFF AND ECONOMIC DEVELOPMENT COMMIS- SION RE: GENERAL FUND REIMBURSEMENT - APPROVED UNDER CONSENT AGENDA IN PART Upon motion made by W. Harrington smith, Jr., seconded by Robert M. Sager, to approve the request of Sheriff Bob williamson to create a separate account and transfer funds to his overtime/part-time budget line item for the purpose of paying off duty personnel to do background investigations on concealed handgun permit applications. The request of Economic Development Director June wilmot for $5,000 for EDC to be reimbursed when funds are received fo services provided to other economic development departments within the Commonwealth was referred back to the EDC for their review and recommendation back to the Board. 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 FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR THE TEMPORARY CLOSING OF ROUTE 636 - APPROVED UNDER CONSENT AGENDA PLANNING COMMISSION BUSINES: Public Hearinq: PUBLIC HEARING - CONDITIONAL USE PERMIT _005-95 OF ROY M. WHITE FOR A COTTAGE OCCUPATION FOR WOODWORKING AND FURN- ITURE PRODUCTION. THIS PROPERTY IS LOCATED AT 995 ROUND HILL ROAD (ROUTE 803). IN THE BACK CREEK DISTRICT AND IDENTIFIED WITH PIN 52-A-140 - APPROVED Mr. Miller, zoning administrator, presented this information to the Board noting that staff and Planning commission recommended approval with conditions. Al Burr of Siler Route endorsed this conditional use permit request. 335 Upon motion made by James L. Longerbeam, seconded by Charles W. Orndoff, Sr., the above conditional use permit 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 PUBLIC HEARING - REZONING APPLICATION #002-95 OF THE FREDERICK COUNTY SANITATION AUTHORITY TO REZONE 3.4087 ACRES FROM RA (RURAL AREAS) TO B2 (BUSINESS GENERAL DISTRICT). THE PROPERTY IS LOCATED ON MACEDONIA CHURCH ROAD (ROUTE 642) APPROXIMATELY 1800 I FROM THE INTERSECTION OF ROUTE 37. IN THE SHAWNEE DISTRICT AND IS IDENTIFIED WITH PIN 75-1-A - APPROVED Mr. Kris Tierney, assistant planning director, presented this request to the Board noting that staff and Planning Commis- sion recommended approval. Mr. steve Gyurisin of G. W. Clifford Associates, appeared before the Board on behalf of the applicant. There was no public input. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above rezoning request was approved 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 - Aye Charles w. Orndoff, Sr. - Aye End of pUblic hearings and Planning Commission Business. PROPOSED CLOSING OF VIRGINIA DEPARTMENT OF TRANSPORTATION MAINTENANCE FACILITY LOCATED AT CROSS JUNCTION - VEHEMENTLY OPPOSED BY BOARD OF SUPERVISORS Mr. Dick explained that some time ago he learned that there was a possibility that the VDOT facility at Cross Junction might be closed. At that time he made some phone calls in addition to sending a letter to Governor Allen along with various staff members of VDOT. He feels very strongly, that downsizing this facility is totally unacceptable to Frederick County and espe- cially the service area this facility serves. He knows that funding is a major factor in this decision, but there are other factors that need to be considered. 336 Mr. Bill Bushman, resident engineer with the Virginia Department of Transportation, appeared before the Board at this time to explain that VDOT officials have not, at this point, determined that it is necessary to downsize the Cross Junction facility; however this decision will be made following a study that is currently being conducted, at the direction of the General Assembly, and is scheduled to be completed by September 30, of this year. Once this study has been completed it will then be reviewed by the General Assembly before a final decision is made. He explained that no employees would lose their job if this facility is downsized as they would be transferred to another facility in a like position. Mr. Bushman read a letter from Mr. R. L. Moore, dis- trict administrator, wherein he stated VDOT's position in this matter. Mr. Bushman further explained that based on data and the study, it showed that this area had six area headquart ers and should only have four as of July 1, 1995. He stated that a lot of data has been presented to the General Assembly wherein various points have been made, and will probably be heard during this public hearing as to why Frederick County should have three. He explained that he was told just recently that his staff had done their homework and that is as far as he feels they can go. Mr. Orndoff asked Mr. Bushman if he knew when the study would be completed. Mr. Bushman replied by the end of September. Mr. Ellington asked Mr. Bushman how many employees would be taken off the road. Mr. Bushman replied that he was not sure what Mr. Moore was referring to in his letter. Mr. Ellington asked if this could mean the supervision may be removed, but the number of employees that actually go out on the road, would remain the same. 337 Mr. Bushman replied yes, that is a possible scenario. Mr. Sager asked if the Route 50/803 relocation in Winchester had anything to do with this decision. Mr. Bushman replied no. Mr. Longerbeam asked if the plans to move the facility to Route 50/803 West was still planned. Mr. Bushman replied yes. Mr. Longerbeam stated that with that in mind he felt one of the biggest concerns of the public is response time that will become necessary to take care of the various situations that have arisen over the years in this particular section of the county. He feels that Cross Junction has a unique situation during the winter months and this needs to be given a great deal of consideration, response time is very critical. Mr. Dick stated that not only during the winter months, but there are many other circumstances wherein the highway depart- ment is needed in this area of the county. At this time Mr. Bushman read the following letter from Delegate Beverly J. Sherwood, Member Virginia General Assembly, with reference to this matter. July 7, 1995 The Honorable Robert E. Martinez Secretary of Transportation 1401 East Broad, Room 414 Richmond, VA 23219 Dear Secretary Martinez: As the important process of identifying and integrating duplica- tive state services progresses, I write to offer a perspective of VDOT's Cross Junction office which I believe distinguishes it from offices that more clearly lend themselves to being merged with others. I feel strongly that the offices that the unique challenges posed by this mountainous area of the state, and the ongoing expansion of Route 522 South, combine to make a compel- ling argument against closing the Cross Junction office. The terrain served by this office poses unique challenges to area residents and the office is well placed to quickly respond to downed lines, trees and other weather emergencies. Over the last few years the safety of area families has been increasingly jeopardized by treacherous snow and ice storms; the Cross Junction office's response time can mean the difference between challenging winters, and deadly winters. Many of my constitu- ents have suggested, I think with considerable merit, that it would be counterintuitive to risk the Commonwealth's ability to quickly respond to an area which in the last few years has been 338 the subject of a state of emergency designation and has re- quired emergency national guard assistance. Moreover, the decision making process appears to be fueled by 1993 figures representing highway miles and lanes, local officials believe that the Cross Junction office would escape its peril had these figures included secondary roads and the ongoing expansion of Route 522 South. Clearly, this expansion connotes higher traffic volume than ever before. I understand that the Department's study, called for by the General Assembly and supported by the Governor's Blue Ribbon Strike Force, is a good faith effort to realize greater efficiencies in government without substantively reducing the quality of service offered. I commend the spirit of the Department's efforts but respectively suggest that the closing of the Cross Junction office would not meet this criterion, and might pose an unnecessary threat to the safety of my constituents. I would be very grateful if you would keep me informed as this situation evolves. Very Sincerely, Beverly J. Sherwood Member, Virginia General Assembly The following citizens of Gainesboro District appeared before the Board at this time to express their concerns on the proposed downsizing of the VDOT facility located at Cross Junction: Al Smith in appearlng before the Board asked Mr. Bushman if the people of this area did not own Cross Junction. The letter from VDOT states that there will be no reduction in personnel nor will any equipment be moved so what will this cost be to VDOT, the way he had it figured, nothing. Therefore he was asking that the General Assembly along with VDOT go back to the drawing board and reconsider this issue. Bill Jeunette referred to the letter from Mr. Moore wherein he refers to the need of doing what is necessary to best serve the people of the area. In his opinion this can be accomplished best by leaving the facility where it currently is with the staff it currently has. Henry Beuttner addressed the fact that the figures used were based on data from 1993 and 1994. Feels the facts and figures are there to warrant leaving the facility in opera- tion as it has been. 339 Bob Williamson, first speaking as Sheriff of Frederick County then as citizen currently living in Gainesboro and the importance from both positions of leaving this facility in operation as it has been for many years. Phillip Arlotta, appeared on behalf of Timber Ridge School for Boys located in Gainesboro District. It is very important that the roads remain open at all times due to possible emergen- cies and staffing needs at this school, and if the Cross Junc- tion facility is downsized this would put this in jeopardy. Richard Anderson, employee of the U.S. Postal System, addressed the road conditions that he has experienced in this section of Frederick County and what a big difference this can make, and if you have never driven these roads during the winter months you have no idea what they can be like. He feels that if this facility were to be closed or downsized VDOT officials or the General Assembly would not know what this would mean to the citizens of this area until it would be too late. Linda Murr reiterated what Mr. Anderson said. Too many studies which does not take the place of experiencing what can happen if these roads are not drivable. Donald W. Luttrell, There are no sections of Frederick County where roads are any worse than in Gainesboro District, and the traffic on 522 only increases each day. Facility is needed now more than ever. stan Whitacre, resident of Route 651, if something isn't broken then don't fix it. Mr. Dick closed the public hearing at this time stating that he felt the message had been delivered to the members of the General Assembly along with VDOT. Do not close or downsize the Cross Junction facility, neither is acceptable. PUBLIC WORKS COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Thursday, July 6, 1995, at 7:30 a.m. Present were board members Charles W. Orndoff, Sr. and W. Harrington Smith, Jr.; committee members Karen Kober, Dudley H. Rinker, and James T. Wilson; County Administrator John R. Riley, Jr.; Public Works Director Harvey E. Strawsnyder, Jr., P.E.; and Landfill Manager steve Frye. 340 The following items were discussed and are submitted for the board's information only: Purchase of Propertv at the Round Hill Compactor site The committee discussed the purchase of property currently occupied by the Round Hill compactor. Frederick County currently has a lease arrangement with the Rhinehart Estate at a rate of $600 per year. The attached letter (see Attachment 1) from Attorney Charles McCandlish, who has been appointed as the receiver for the Rhinehart Estate, outlines his proposed terms of sale. However, the director of public works believes that a more reasonable price can be negotiat- ed. Also, the county anticipates that an acre of property will be more suitable and meet the zoning requirements. The committee authorized the director of public works to proceed with negotiations with Attorney McCandlish. In addition to the land purchase, the committee dis- cussed the acquisition of 21 trailers filled with tires. The director of public works explained that the landfill would take the trailers with the tires in exchange for clear title to the trailers. The tires would be shredded using available amnesty funding provided by the Commonwealth. The landfill would then be able to use the trailers for future tire storage as part of the county's tire shredding program. A motion was made by W. Harrington Smith, Jr., and seconded by Dudley H. Rinker, to proceed with the acquisi- tion of the trailers under the terms outlined above. This motion was unanimously approved by the committee. Update on Househod Hazardous Waste Collection A hazardous waste contractor, Care Environmental, Inc., has been selected for the proposed hazardous household waste collection days planned for July 29 at James Wood Middle School and August 5 at Armel Elementary School. The latter event will be contingent upon the response to the initial event and available funding. A copy of the "flyer" is attached for your information (see Attachment 2). Discussion of Anticipated Carry Fowards The director of public works briefly outlined several planned carry forward items from the FY 94-95 budget. These items included the addition to the animal shelter ($28,000), stormwater improvements ($40,000), and a new compactor site ($50,000). A more detailed list of items will be presented during the August committee meeting. Miscellaneous Reports a. Animal Shelter Report (see Attachment 3); b. Recycling Report (see Attachment 4); and c. Tonnage Report (see Attachment 5). JOINT FINANCE COMMITTEE - TABLED - REFEREED BACK TO COMMITTEE FOR FURTHER STUDY AND REVIEW The Joint Finance Committee met on July 5, 1995, in the Rouss City Hall Council Chambers. Present were committee members W. Harrington Smith, Jr., 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. 341 ***ITEMS REQUIRING BOARD ACTION*** Detox. Joint Judicial Center. Reqional Jail. Service Authoritv. Ecominic Development commission. Librarv. and Airport Aqreements The committee discussed the current status of the above- mentioned agreements and it was the consensus of the committee that all agreements were okay. The Handley Library Agreement redrafted by Attorney Mark Flynn and approved by the Winchester City Common Council at their meeting of June 13, 1995, is attached for the board's approval (see Attachment 1). Landfill The ment 2). landfill ment. committee agreed to the landfill agreement (see Attach- Staff was instructed to remove any reference to the from the Frederick-Winchester Service Authority agree- Central Dispatch and E911 The committee authorized staff to develop cost for a central dispatch office in the basement of the Joint Judicial Center and the signing of the mutual aid agreement (see Attach- ment 3). Airport position - Additional Funding Reguest The committee recognized the need for the position and advised staff to evaluate year end status of funds in the air- port's budget. If surplus funds are not available, staff will advise the Joint Finance Committee to determine how to proceed. Economic Development Commission - Additional Funding Request The city has authorized $138,000 for the current fiscal year and will not appropriate additional funds. The county's authorized funding is $306,400 and felt the commission should operate within those parameters. Communitv Services Act - Additional Fundinq Request The community Services Act agency is requesting a funding increase from $25,000 to $38,000. The Joint Finance Committee felt current level was adequate based upon current budget policies. Water Tank to Serve Shenandoah Universitv. Winchester Medical Center. and Frederick Countv Middle School Addi- tional Fundinq Request The committee discussed the need to locate a water tank to serve Shenandoah University, Winchester Medical Center, and Frederick County Middle School. The city advised that the need was critical to the plans for the hospital and university. The county advised that said project was not in conflict with its plan. The committee authorized staff to prepare a draft agree- ment for this project. UPON MOTION MADE BY W. HARRINGTON SMITH, JR., SECONDED BY ROBERT M. SAGER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE BOARD, THIS MEETING IS HEREBY ADJOURNED. ----------.... ~~41r:i.:~':t,:i'j~'>"'::2;_"'!~,...-"'-~-~ ~'>d;/f~ .:::;)