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HomeMy WebLinkAboutDecember 13, 1995 Regular Meeting 26 A Regular Meeting of the Frederick County Board of Supervisors was held on December 13, 1995 at 7:15 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; Robert M. Sager; Jimmie K. Ellington; and Charles W. Orndoff, Sr. ABSENT: James L. Longerbeam - (out of town) 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 minister. ADOPTION OF AGENDA Mr. Riley requested that the following items be added to the agenda: 1. Sherando High School Football Team Resolution. 2. Condemnation Request for Route 613. 3. Informal Discussion Regarding Proposed Water Tank. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the agenda was adopted as amended. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Absent Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye COURTHOUSE LAWN RENOVATION AND JlAINTENANCE WITH FARJIERS AND JlERCHANTS NATIONAL BANK - WITHDRAWN Mr. Dick announced that Mr. Mike Bryan, attorney for Farmers and Merchants National Bank, had requested to address the board at this time. Mr. Bryan appeared before the board to explain that Farmers and Merchants National Bank would be withdrawing their plan for the renovation and maintenance of the court- house lawn. He further explained that Mr. Wilbur Feltner, 427 president, felt the bank had been willing to assist with the beautification of the courtyard which they felt, would not only benefit the downtown but also the county, but apparently that is not what has happened. He further explained that the bank is definitely not interested in being involved in politics, therefore the banks proposal for this project is hereby withdrawn. CONSENT AGENDA Mr. Riley suggested the following tabs for approval under the consent agenda: 1. Schedule Public Hearing Date for Planning Commission Items - Tab D; 2. December as National Drunk and Drugged Driving Preven- tion Month - Tab E; 3. Appropriation of Bond Costs - Tab F; 4. National Highway Transportation Safety Act State Approval of Highway Speed Limits (Route 37) - Tab G; 5. City Reversion Legislation Resolution - Tab H; 6. Restore Fair Share State Aid For Public School Resolu- tion - Tab I; 7. Status of Gore School - Tab K; 8. Finance Committee Report - Tab S; 9. Sherando High School Football Team Resolution. Mr. Ellington requested that Tab G not be included under consent agenda. Upon motion made by W. Harrington Smith, Jr., seconded by Jimmie K. Ellington, the consent agenda was approved as amended by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Absent Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye CITIZEN COMMENTS Mr. Kenneth Y. Stiles, Stonewall District, appeared before the Board to express his objections to EDC's Grant Application for Kraft's expansion. He feels the county should also object to the grant application which in affect has obligated local tax 428 dollars without the entire board being aware of it. He further objects to the grant application that is in the pipe line at this time for ISTEA funds to purchase Caleb Heights. Dave Holliday is a good friend of his, but does not feel tax dollars should be spent to bail him out. His third concern has to do with the cost overrun at the Health Department. If the county spends hundreds of thousands of dollars on a city owned building without any signed agreement with the Health Department, he feels maybe the counties are bigger fools than the city is. why would Frederick County buy into what is basically a blank check operation for the expansion of this building that is owned by the City that the County has no interest in, and from what he has been able to determine there is no indication that this is the end of the expense. Mr. Donnie Gladden, Opequon District, appeared before the Board to once again address the area of little league, its operation, and the differences he has with how this operation is being handled. MINUTES Upon motion made by Charles W. orndoff, Sr., seconded by Jimmie K. Ellington, the minutes of the regular meeting of November 8, 1995, were approved as presented by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Absent Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye SHERANDO HIGH SCHOOL FOOTBALL TEAM RESOLUTION - APPROVED UNDER CONSENT AGENDA WHEREAS, the Sherando High School Football Team won the Northwest Regional District Semi-Finali WHEREAS, the Sherando High School Football Team also won the Northwest Regional District Championshipi WHEREAS, the Sherando High School Football Team also won the Group AA Division 4 Championshipi 429 WHEREAS, Sherando High School Football Team represented this community with distinction and honor in the State Champion- ship Football Game; WHEREAS, the team has achieved this honor through hard work, dedication, and true sportsmanship which has brought favorable recognition upon themselves, their school, and their community; HOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors offers its congratulations to the coaches and players of the team for a job well done; and, BE IT FURTHER RESOLVED, that a true copy of this resolution be presented to the coaches and the team. RESOLVED this 13th day of December, 1995. GRANT AWARD FOR KRAFT GENERAL FOODS - APPROVED Mr. Riley stated that approximately 18 months ago Kraft General Foods announced a plant expansion program that included new juice and bagel production lines. In conjunction with that announcement the county applied to the Governor's Opportunity Fund for matching grant funding to assist with the expansion. The county received on Monday, December 4, a check from the Commonwealth in the amount of $100,000 which requires a matching amount from the county in the amount of $100,000. He further explained that the expenditure of $200,000 in state and local funds has resulted in an additional investment by Kraft General Foods in the amount of 34 million dollars in real estate, machinery and equipment, and that a supplemental appropriation in the amount of $100,000.00 from Unreserved Fund Balance is being requested at this time. Mr. Riley went on to explain that this expansion would mean an additional 166 jobs would be created along with $150,000 in new revenue. He further explained that he and June Wilmot, director of EDC, approved the expenditure of the $100,000. Mr. Orndoff asked should this expenditure have been brought before the entire board for their approval. Mr. Riley replied given hind site is 20-20 he would say, he guessed so. Mr. Dick explained that he was chairman of the EDC at the time, so he guessed he was responsible in part. He further explained when industry looks at an area there is a certain 430 amount of confidentially and secrecy that is absolutely necessary before the company renders their decision as to whether they will locate in an area. He further explained that he was not aware of the grant approval being applied for under the confidential terms. Mr. Riley explained that they had no idea at that point that the expansion was going to be announced and whether they would move forward or not. Mr. Ellington stated that he understands what is being said, however he does not want to see this type of practice become a precedent. Mr. Orndoff said to Mr. Dick. You made a statement secret. Did you mean secret to the public or secret to the board. Mr. Dick replied probably both, to be honest with you. Mr. Orndoff stated that is what he had a problem with. Mr. Dick stated that he would like to turn the clock back about twenty some years when the Frederick county Board of Supervisors approved a company locating in Frederick County, rezoned the land, approved that company and they did it not knowing who, where, what or when. The attorney at that time was Henry Whiting and the company that eventually came to Frederick County was General Electric. A Board of Supervisors of Frederick County totally approved this action never knowing who the company was whatsoever. Mr. Sager asked if there was any relief from state EDC funds. Mr. Riley replied they matched it. Mr. Sager replied that is where the other $100,000 came from. Mr. Riley replied that is correct. Mr. Orndoff stated that he had no problem, I'm like Jim, but I think if you want to keep it secret from the public, that is one thing, but he feels all of the board members should have known before any action is taken. 431 Mr. Riley stated that he would admit to that mistake, when it occurred. He makes them every day, it was an error in judge- ment as he felt it was appropriate at the time as he felt it was a good move, that the county had an opportunity to seek a substantial economic gain for the county and for the citizens, and And he will accept the blame for it. Mr. Dick stated that he also was not aware of it. If that will ease anyone's mind as he was not aware of the $100,000. Mr. Sager asked what would happen if the $100,000 is not approved. Mr. Riley explained that it would be looked upon as a breach of trust and working relationship between the industry and the county. Mr. Ellington asked if a check would be drawn after to- night's meeting if the action is approved. Mr. Riley replied yes. Upon motion made by Jimmie K. Ellington, seconded by Robert M. Sager, the $100,000 supplemental appropriation from Unre- served Fund Balance is approved for Kraft General Foods. Mr. Sager stated that he knows something's are done in confidence and some things are done more openly, and for the benefit of the future he would hope that the board could be briefed early on when something like this takes place. Mr. Ellington stated that he would almost insist on it in the future. Mr. Dick stated that since he would not be a part of the future he would just like to say that EDC is a changing thing this day. It's changing very much. What the companies want that come into the area vary as to many things, some could probably be discussed and some not. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Absent Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye 432 WALTER OUINN REAPPOINTED TO SHENANDOAH AREA AGENCY ON AGING Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., Walter Quinn was reappointed to the Shenandoah Area Agency on Aging for a three year term, said term to expire September 30, 1998. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Absent Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye WALTER QUINN APPOINTED TO BOARD OF ASSESSORS TO REPLACE RONALD BOWERS ON THE BOARD OF ASSESSORS Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., Walter Quinn was appointed to the Board of Assessors to replace Ronald Bowers who resigned. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Absent Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye NAMES OF MANUEL SEMPELES. GREGORY BANCROFT. KENNETH Y. STILES TO BE SUBMITTED TO THE JUDGE OF THE TWENTY SIXTH CIRCUIT COURT FOR CONSIDERATION OF APPOINTMENT TO THE BOARD OF ZONING APPEALS Mr. Orndoff stated that he would like to submit the following three names to be submitted to the Circuit Court Judge for consideration of appointment to the Board of Zoning Appeals: Manuel Sempeles, Gregory Bancroft, and Kenneth Y. stiles. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Absent Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye 433 REZONING APPLICATION 1008-94 OF JAMES CARROLL TO REZONE 2.81 ACRES PROM RP (RESIDENTIAL PERFORMANCE) TO B2 (BUSINESS GENERAL) AND REZONING APPLICATION 1006-95 OF WOODSIDE ESTATES TO REZONE 36.4589 ACRES PROM RA (RURAL AREA TO RP (RESIDENTIAL PERFORMANCE) SCHEDULED FOR BOARD MEETING OF JANUARY 10. 1996 - APPROVED UNDER CONSENT AGENDA NATIONAL DRUNK AND DRUGGED DRIVING PREVENTION MONTH PROCLAMATION - APPROVED UNDER CONSENT AGENDA WHEREAS, drivers and pedestrians impaired by alcohol and other drugs account for nearly 17,700 U.S. highway deaths annually; and WHEREAS, there were 11,499 alcohol-related crashes in Virginia in 1994 resulting in 376 fatalities and 10,258 inju- ries; and WHEREAS, nationwide, alcohol is involved in nearly half of all traffic fatalities; and WHEREAS, injury and property damage resulting from impaired driving cause physical, emotional, and economic hardship for hundreds of thousands of adults and young people; and WHEREAS, a decade of intense pUblic education effort has proved that alcohol-related highway crashes are not accidents and can be prevented; and WHEREAS,comprehensive community-based strategies to further reduce and prevent impaired driving tragedies are known; NOW, THEREFORE, WE, RICHARD DICK AND GARY CHRISMAN, do hereby proclaim December, 1995, as National Drunk and Drugged Driving Prevention Month in Winchester and Frederick County, in the Commonwealth of Virginia. As the Chairman of the Board and Mayor we also call upon all citizens, government agencies, public and private institutions, businesses, hospitals, and schools in the Winchester-Frederick County community, in the Commonwealth of Virginia, to promote awareness of causes of driver impairment, existing and proposed laws intended to further reduce and prevent impaired driving, and opportunities to establish safer and healthier norms regarding the use of alcohol and other drugs for all citizens. APPROPRIATION OF BOND COSTS - APPROVED UNDER CONSENT AGENDA When the County received the Bond proceeds for the Adminis- tration Building Project, they were received net of bond costs. The reason is that these bond costs were paid at bond closing. A supplemental appropriation in the amount of $294,436.98 needs to be recognized to book the full amount of bond proceeds and to recognize the bond costs associated with these proceeds. No additional local funds are needed. NATIONAL HIGHWAY TRANSPORTATION SAFETY ACT STATE APPROVAL OF HIGHWAY SPEED LIMITS (ROUTE 37) RESOLUTION - APPROVED Mr. Ellington stated that he was opposed to an increase in the allowable speed limit as he feels it should remain at 55. He travels this road all the time and sees first hand the speed 434 that most of the vehicles are traveling does not feel they need to be allowed to travel any faster. Mr. Dick disagrees, feels that the speed should be in- creased to 65. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the following resolution was approved: WHEREAS, the National Highway Transportation Safety Act now allows for state approval of highway speed limits; and WHEREAS, state highway Route 37 is a limited access highway; and WHEREAS, the speed limit is currently 55mph; and WHEREAS, said speed limit is currently inadequate based upon existing highway design; NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors request that the Virginia General Assembly change the speed limit on Route 37 from 55mph to 65mph, BE IT FURTHER RESOLVED, that the representatives in the Virginia General Assembly representing Frederick County be requested to introduce said legislation on both sides of the House to be effective July 1, 1996. RESOLVED, this 13th day of December, 1995. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Absent Robert M. Sager - Aye Jimmie K. Ellington - Nay Charles W. Orndoff, Sr. - Aye CITY REVERSION LEGISLATION RESOLUTION - APPROVED UNDER CONSENT AGENDA WHEREAS, certain counties within the Commonwealth are proposing Legislative additions to the Virginia State Code; and WHEREAS, the proposed addition to Virginia State Code section 15.1-965.22 would prevent cities who have reverted to a town form of government from reverting back to a city, unless there is agreement to do so from the county and the town; and WHEREAS, the proposed addition to Virginia State Code section 15.1-965.16.1 would require a referendum to be held in the city and the county prior to a reversion to town status; the concern being that this is a major change in governmental structure and the reversion legislation is the only legislation that does not require referenda in the affected localities; and WHEREAS, the proposed addition to Virginia State Code section 15.1-965.24.2 would prohibit any annexation by a town for a period of five years after the effective date of L. 435 reversion; HOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby request that legislative delegation submit this Reversion Legislation for consideration by the 1996 General Assembly. RESOLVED, this 13th day of December, 1995. RESTORE FAIR SHARE STATE AID FOR PUBLIC SCHOOLS RESOLUTION - APPROVED UNDER COHSENT AGENDA WHEREAS, the state share of public school costs has been steadily declining; and WHEREAS, by 1994 the state share fell to only 38 percent of total school costs in the Commonwealth; and WHEREAS, Virginia counties and cities have had to repeated- ly raise local taxes in response to this shift in costs; and WHEREAS, the state pays no school construction costs, less than its full share of the standards of quality, and nothing to support the state interest in use-value taxation; HOW, THEREFORE, BE IT RESOLVED, the counties of Virginia unanimously support an increase in state aid for public schools; and further, BE IT RESOLVED, the counties of Virginia consider the state's ideal fair share of public school costs to be an amount equal to the total public school expenditures of all local governments combined; and further, BE IT RESOLVED, the counties of Virginia urge that priority be given to considering the state sales and use tax as the means for restoring the state's fair share of public school costs beginning in the next fiscal year. CLEANUP PROJECT AT BASS-HOOVER ELEMENTARY SCHOOL - TABLED Mr. Riley presented information indicating the estimated costs of $43,150 as submitted by Superintendent of Schools, Tom Malcolm, for the cleanup project at Bass-Hoover Elementary School. Mr. Dick stated that he could not support this amount of money as he feels it is too expensive. Mr. Smith inquired as to why Camp 7 could not do this work. Mr. Orndoff asked what the school planned to do with this property once this clearing was completed. Mr. Riley replied that he was not sure. Mr. Smith explained that he did not feel the trees should be cut down. Mr. Sager explained that the staff at Camp 7 can only supply labor. They have nQ equipment such as heavy equipment or 436 saws that would be needed to accomplish this project. Upon motion made by W. Harrington Smith, Jr., seconded by Jimmie K. Ellington this matter will be tabled until such time as Mr. Riley has had time to discuss this further with Mr. Malcolm and Mr. Sullivan. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Absent Robert M. Sager - Abstained from voting Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye UPDATE ON STATUS OF GORE SCHOOL - APPROVED ORDER CONSERT AGENDA Staff continues to work on various lease options for the Gore School. While negotiations are continuing, the building continues to deteriorate. At the very lease, the roof should be repaired immediately. Estimates range from twenty to thirty thousand dollars. Approval to bid same at an amount not to exceed twenty- five thousand would be appreciated. REQUESTS TO SEEK PROPOSALS TO EVALUATE FUNCTIONAL CONSOLIDATION OF SCHOOL BOARD AND COUNTY ADMINISTRATIVE FUNCTIONS - APPROVED Mr. Orndoff moved that this be tabled until the new board is in office. Mr. Ellington seconded the motion. The above motion was denied by the following recorded vote: Richard G. Dick - Nay W. Harrington smith, Jr. - Nay James L. Longerbeam - Absent Robert M. Sager - Nay Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye Mr. Sager moved to approve and Mr. Smith seconded the motion. The above motion was approved by the following recorded vote: 437 Richard G. Dick - Aye w. Harrington Smith, Jr. - Aye James L. Longerbeam - Absent Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Nay Mr. Sager asked if the superintendent of schools was in agreement with this proposal. Mr. Riley explained that in his conversations with Mr. Malcolm concerning this proposal, Mr. Malcolm has indicated if the board is in agreement he is willing to work with the board and will review the RFP's when they are available and make the necessary amendments as he deems necessary. Mr. Riley further explained that he felt the cost involved in having this done would be approximately four or five thousand dollars. Mr. Orndoff stated that he did not feel he had enough information on this to make a decision at this time, and based on the tape that he had reviewed of the joint meeting between the board, school board and representatives from Fauquier County he understood that no employees were terminated. Mr. Dick explained that at the beginning of the consolida- tion that was true, however as consolidation was completed and work continued there were some terminations. Mr. Sager stated that he felt he would benefit from receiv- ing input from an outside source. HEALTH DEPARTMENT EXPANSION COSTS - APPROVED Mr. Riley presented this information to the board noting that a General Fund supplemental appropriation in the amount of $79,794 was being requested in order to finalize the county's portion of this expenditure. Mr. Dick stated that this had been approved by the Joint Finance Committee at their last meeting. The board members were not pleased with the way this project had been handled, but felt they had little choice in approving the expenditure as the work had already been complet- ed. 438 Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., that the appropriation in the amount of $79,794 be approved. Mr. Riley explained that the board could approve this with the understanding that should this building ever be sold or ceases to be used as Health Department Offices, all funds expended by the county for capital expenditures would be returned to the county. Mr. Ellington moved that this be approved with an amendment to include if the building is ever sold or ceases to operate as Health Department offices as spelled out by Mr. Riley. Mr. Orndoff seconded the amended motion. The above amended motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Absent Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye STATE ROUTE 613 BOWMAN' LANE RESOLUTION APPROVED Upon motion made by Jimmie K. Ellington, seconded by Charles W. Orndoff, Sr. the following resolution was approved: WHEREAS, Virginia State Route 613, designated as Bowman Lane, is a 30 foot wide public right-of-way extending from its intersection with State Route 600, designated as Back Mountain Road, in a Northwesterly direction for a distance of 563 feet, more or less, to the intersection with the Eastern boundary line of the Shawnee-Land Sanitary District which is located in the Back Creek Magisterial District of Frederick County, Virginia; and WHEREAS, Virginia State Route 613 has been utilized by the general public for more than 20 years for vehicular ingress and egress, including public school buses, to the Shawnee-Land subdivision and to access a public refuse disposal site located on Lot 1, section 6 of said subdivi- sion; and WHEREAS, a dispute has arisen over the designation of a portion of State Route 613 as a public right-of-way extending from a point of 528 feet from its intersection with State Route 600 for a distance of approximately 35 feet to its intersection with the Shawnee-Land Sanitary District boundary line; and 43 WHEREAS, the virginia Department of Transportation has by letter informed Frederick county Administrator John R. Riley, Jr. that it is not, and never was, the intention of that depart- ment to facilitate the abandonment of Route 613 or to discontin- ue maintenance thereof. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors, in the event the virginia Department of Transportation seeks to facilitate the abandonment of and to discontinue maintenance of State Route 613 as a public right- of-way, shall, pursuant to the provisions of Title 25 of the Code of Virginia of 1950, as amended, proceed to condemn whatev- er portion of State Route 613 is necessary to provide ingress and egress over said right-of-way to the public. The above resolution was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Absent Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye INFORMAL DISCUSSION REGARDING PROPOSED WATER TANK Mr. Jesse Moffett, director of public utilities for the City of Winchester appeared before the board with regard to a public utilities improvement project. The proposed improvement has to do with the construction of a water storage tank on property located within Frederick County. This property is owned by Fruit Hill Orchards, is 120 acres, and is accessible from Echo Lane. The property is located on the north side of Northwestern Pike (Route 50), just west of route 37 and the winchester Medical Center. The proposed water storage tank will provide additional capacity and pressure that will assist with fire protection and water demand for the high zone city water system. The proposed water storage tank will have a capacity of one million gallons and will be 35 feet in height. This presentation is for the boards information and does not require action. The board accepted this as information and no vote was taken. 40 PUBLIC HEARING - AN ORDINANCE TO 1UmND THE FREDERICK COUNTY CODE. CHAPTER 158. VEHICLES AND TRAFFIC: ARTICLE IV. LAW ENFORCEMENT OF PRIVATE ROADS AND STREETS: SECTION 158-16. SHAWNEELAND SUBDIVISION: BY THE ADDITION OF SECTION 158-16.1. REMOVAL OF VEHICLES IN EMERGENCY SITUATION. THIS PROPOSED 1UmNDMENT WILL ALLOW FOR THE REMOVAL OF VEHICLES THAT ARE BLOCKING OR IMPEDING ANY ROADWAY WITH THE SHAWNEELAND SANITARY DISTRICT DURING INCLEMENT WEATHER CONDITIONS. EMERGENCY SITUATIONS OR OTHERWISE - APPROVED Mr. Riley presented this information to the board. Mr. Sager stated that he had two questions concerning this. Who would be enforcing this ordinance and who would be liable if damage was done to a vehicle. There was no public input. Upon motion made by Robert M. Sager, seconded by Jimmie K. Ellington, the above ordinance was approved by the following recorded vote: Richard G. Dick - Aye w. Harrington Smith, Jr. - Aye James L. Longerbeam - Absent Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARING - REOUEST FROM THE WAYSIDE MUSEUM OF AMERICAN HISTORY AND ARTS. A NON-PROFIT VIRGINIA ORGANIZATION. TO BE DESIGNATED AS A CHARITABLE AND BENEVOLENT ORGANIZATION WITHIN THE CONTEXT OF SECTION 6 (a)6 OF ARTICLE X OF THE CONSTITUTION OF VIRGINIA - APPROVED Mr. Riley presented this request to the board. Mr. Ellington asked where the museum was located. Mr. Dick stated that he thought it was located in the same building as the theatre. Mr. Ellington asked if this would still be necessary if they moved to Lord Fairfax Community College as was stated in the local newspaper as a possibility. Mr. Riley explained that if the building is not used he would say no. There was no public input. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the following resolution was approved: WHEREAS, wayside Museum of American History and Arts, a non-profit organization, has requested the Board of Supervisors of the County of Frederick, Virginia, to support its request for the General Assembly to grant a tax exemption 4,,41 pursuant to Article X, S6 (a) (6) of the Constitution of Virginia for certain real property owned by said organization in the County of Frederick, and WHEREAS, on December 13, 1995, a public hearing was held by the Board of Supervisors after being properly advertised; and WHEREAS, the property on Main street, Lot 27, Block B, Middletown, Virginia, has an assessed value of $323,000.00 and was taxed in 1995 for $1,776.50 in county real estate taxes; and WHEREAS, the Board of Supervisors examined and considered the provisions of section 30-19.04 (B) of the Code of Virginia. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervi- sors of the County of Frederick, Virginia, hereby supports legislation, pursuant to Article X, S6 (a) (6) of the Constitu- tion of Virginia, to provide: 1. That they be classified and designated as a charitable and benevolent organization; and 2. That property owned by the Wayside Museum of American History and Arts, and used by it exclusively for charitable and benevolent purposes on a non-profit basis be determined to be exempt from taxation, state and local, including inheritance taxes. ADOPTED this 13th day of December, 1995. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Absent Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye PLANNING COMMISSION BUSINESS: PUBLIC HEARING: PUBLIC HEARING - INTERSTATE AREA (LA.) OVERLAY DISTRICT. PUBLIC HEARING WILL BE HELD TO CONSIDER AN 1UmNDMENT TO THE FREDERICK COUNTY ZONING MAP. THIS 1UmNDMENT WILL ESTABLISH PROPERTIES THAT WILL COMPRISE THE LA. OVERLAY DISTRICT. PROPERTIES PROPOSED ARE CURRENTLY ZONED Bl (NEIGHBORHOOD BUSINESS DISTRICT). B2 (BUSINESS GENERAL DISTRICT). B3 (INDUSTRIAL TRANSITION). AND M1 (LIGHT INDUSTRIAL). AND ARE LOCATED WITHIN EACH MAGISTERIAL DISTRICT IN FREDERICK COUNTY. APPROVED PROPERTIES WILL RECEIVE AN LA. DISTRICT DESIGNATION AND WILL MAINTAIN THE ZONING CLASSIFICATION OF THE UNDERLYING ZONING DISTRICT - APPROVED Mr. Evan wyatt, planner I, presented this information to the board. Mr. Sager inquired as to what role the Town of Middle- town and Stephens City played in this overlay district plan. Mr. Wyatt replied none. Mr. Wyatt explained that they were invited on the committee level. 4~ Mr. Sager addressed the signs that would be East of 522 and whether or not they would be allowed to participate in this plan. Mr. Sager further inquired as to whether or not each additional business would have to come before the board. Mr. Wyatt replied that was correct. Mr. Sager stated that his understanding is that some of the larger revenue businesses such as The Price Club would be penalized. Mr Wyatt explained that the further the business is from the Interstate does make a difference. Mr. Bob watkins, planning director, did explain that if there are some businesses that the board would like for the planning staff to look at they would be happy to do so. Mr. Ellington asked if there were some existing signs that exceed the established height. Mr. Wyatt replied yes. Mr. Riley asked if there were any provisions for sharing another sign. Mr. Wyatt replied that if you are out of the district, then you are out of district. Mr. Dick stated that he would echo some of Mr. Sager's concerns about the larger businesses. Mr. Linden Fravel, representing Stephens City Town Council appeared before the board to note his displeasure with the way the planning department has handled this plan. He does not feel the Town of Stephens City nor Middletown were consulted and given the opportunity they should have been for input in these plans as spelled out in a letter dated November l, wherein the letter requested that the area affecting Stephens City be tabled as they felt a study needed to be done in the Route 11 Corridor and nothing has been done in this direction. He further stated that stephens City has problems with overlay signs in this area and feels this needs to be discussed by planning commission and 443 council before final action is taken. Mr. Dick stated that he felt adequate notice had been given to stephens City about the meetings and no one appeared to address any concerns. Mr. Fravel explained that a letter was sent stating stephens City's concerns. Mr. Dick explained, but no one appeared at the meetings. Mr. Sager stated that he could not support this plan as presented at this time, as he feels businesses will be penalized. Mr. Smith asked if the board could exclude Stephens City at this time and approve other. Mr. Dick asked for further clarification. stephens City Industrial or what exactly was he speaking to. Mr. Sager asked Mr. Fravel if the signs he was referring to were on the East side of 81. Mr. Fravel explained that signs of that height are just not needed. Mr. Dick asked Mr. Fravel if the Sheetz Store was located in the Historic District of Stephens city. Mr. Fravel replied no. Mr. Dick stated that he has said many times before, had it not been for signs being allowed to be erected such as Cracker Barrel they would not be here today. Upon motion made by Jimmie K. Ellington, seconded by Charles W. Orndoff the above Interstate Area (l.A.) Overlay District was approved as presented by the following recorded vote: Richard G. Dick - Aye w. Harrington Smith, Jr. - Aye James L. Longerbeam - Absent Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye Mr. Sager explained that he understands the work that has gone into this plan. He is a little uncomfortable with it, but will support it reluctantly and in the future he would like to have all the involved players at the table. 444 BATTLEFIELD HE'l'WORK PLAN - APPROVED This is a public hearing on a Preliminary Plan to establish a Network of Battlefield sites to be used to support Tourism and Education. The Plan describes concepts, strategies and sites. It also includes a recommended plan of action. Mr. Bob watkins presented this information to the board. Mr. Orndoff asked if the ISTEA Grant is for matching funds. Mr. Watkins explained that no local money will be asked for. Mr. Sager explained that it concerned him when funds are no longer available, what will happen then. He feels this needs to be looked at further. The following individuals appeared before the board in support of the plan: Doug Dolan, Chairman of the Battlefield Task Force. Judith Omslaer, President Historic winchester. stanley Hershberger, Chairman of Cedar Creek Foundation Board. Tom Christoffel, Director of Lord Fairfax Planning Dis- trict. Bob Carter - Director of Regional Office of Historic Battlefields located in winchester. Mr. Dick thanked Bob Watkins at this time for all his efforts on behalf of this project as he felt he had done an outstanding job and he would take a back seat to no one for his performance on this project. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the Battlefield Network Plan as presented was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Absent Robert M. Sager - Aye 3immie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye 445 FINANCE COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Finance Committee met in the County Administration conference area at 107 North Kent street on Wednesday, November 22, 1995 at 8:00 a.m. Present were: Committee Chairman W. Harrington Smith, Jr.; Committee members James L. Longerbeam, John P. Good, Jr., Kitty Nicholas, and Henry Buettner. Also present were John R. Riley, Jr., Cheryl B. Shiffler, Jennifer L. Place, C. William Orndoff, Jr., Richard G. Dick, Jim Boyd, Tom Sullivan, and Dr. Mohamed Khodr. The agenda items are as follows: The Director of Data processinq Requests a General Fund Suoolemental Aoorooriation in the Amount of $1.936 This amount represents unbudgeted funds generated from reports produced by Data processing. It is requested that these funds by appropriated to purchase wiring hubs. No additional local funds are needed. See attached memo, p. 1. The commit- tee recommends approval. The School Board Finance Director Requests a School Suoole- mental Aporooriation in the Amount of $46.917 This amount represents interest paid on the IDA Bridge Loan and needs to be appropriated to debt service. See attached memo, p. 2. The committee recommends approval. The School Board Finance Director Requests a School Suoole- mental Aporooriation in the Amount of $100.000 This Project. approval. amount needs to be appropriated for the Senseny Road See attached memo, p. 3-7. The committee recommends The Sheriff Requests a General Fund Supplemental Aporopri- ation in the Amount of $1.165 This amount is the county's share of forfeitures. No additional local funds are needed. See attached memo, p. 8. The committee recommends approval. The Sheriff Requests a General Fund Supplemental Appropriation in the Amount of $35.406 This amount is needed to purchase needed software and equipment for the Incident Based Reporting System. A match in additional local funds of $17,703 is needed. See attached memo, p. 9-10. The committee recommends approval. The Public Works Director Requests a Landfill Fund Suoolemental Aopropriation in the Amount of $319.240 This amount is needed to replace an 826C trash compact- or that was destroyed by fire. Of this amount, $224,394 will be an insurance reimbursement and $94,846 needs to be transferred from 12-4204-5806-00 Reserve for Contingencies to 12-4204-7006-00 Construction Vehicles and Equipment. No additional local funds are needed. See attached memo, p. 11-12. The committee recommends approval. The Health Department Requests a General Fund Supple- mental Appropriation in the Amount of $79.794 This amount represents cost over-runs and a new roof. Additional local funds are needed. See attached memo, p. 13-15. This item has been tabled until the next Joint Finance Committee meeting where it can be discussed. 446 The Treasurer presented to the committee the possibil- ity of tax relief for the elderly on personal property. The county currently offers relief on real estate taxes. Mr. smith expressed his desire to reduce the personal property tax to all county residents. ** FOR INFORMATION ONLY ** 1. The FY 1996-97 Budget Packages will be distributed to departments at the end of November. Departments will be given direction to prepare the budget based on "zero based budgeting" principles. This means that all departments will provide justification for all request- ed funds. Budgets will not be based on prior years budget. We are hoping that this will provide a detail for new Board members and give the Finance Committee a more accountable budget request. We are open to all input and recommendations from committee members. 2. The Chairman of the Board of supervisors thanked committee members for their time and effort while serving on the committee. BOARD OF SUPERVISORS COMMENTS The following are statements made by the board members at the close of this meeting: Mr. Robert M. Sager - During the last four years this board has ensued many endeavors which I feel we faced very boldly even though they weren't very popular, but in many cases very necessary. I feel the board did the responsible thing even though we may have disagreed, we agreed to disagree, and that is what makes government work. It has been my pleasure to have been a part of this board. I want to personally thank each board member since this is the last board meeting. Thank each board member for their respect, their loyalty and their service and commitment to the county. Special thanks to two people. Mr. Riley who has served as a sounding board, as a whipping boy, who arbitrated many differences and put the board members on track philosophically and correctly concerning their thinking with some issues and helped them to maintain the direction they need. Thank him for not being afraid to say, he goofed, he made a mistake, he overlooked something, for the day he stops being human I will really get concerned. Thanked Mr. Dick, board chairman, for his love of Frederick County has given him the dedication to do what he has done I 447 while serving as chairman and in moving the county into the direction for the future. Thanked Mr. Dick and Mr. Ellington for all their work while serving on the board and wished them well in their future endeavors. He looks forward to the next four years in working to help make the county a very good place to live. Mr. Harrington Smith, Jr., wanted to speak to Mr. Dick. Under Mr. Dick's stewardship I feel the county has probably accomplished more during the past four years then any board has ever done in probably eight years. The county office building, the moratorium on annexation, the joint agreements with only one, E911 not being finalized, and maybe that can get done before December 31. Formation of the joint finance committee with the city and county. You changed this from an adversary role between the city and county to an atmosphere of understand- ing and bringing issues to a satisfactory conclusion, that all parties agreed to. Mr. smith told Mr. Dick that at some time he had heard him say that he was a big target, Mr. Chairman when you are a big target that means you are doing something. You are leaving us with a healthy, healthy, unreserve fund balance and he could tell him from being on the Board of Directors of the virginia Association of Counties there ain't a county in this Commonwealth that holds a candle to what Frederick County has done, our tax rates, he could go on and on. I have two more years on the board and during this time I will do my best to uphold what Mr. Dick has instilled in the board during his tenure. I thank you personally and feel I am speaking for every member of the board, and I will miss you, but you are not that far away. Mr. Jim Ellington, thanked his fellow board members for treating him with dignity and I salute each one of them, as well as Mrs. Douglas and Mr. Shickle for continuing to give their time to public service. I appreciate and want to thank the staff, department heads, and particularly Mr. Riley, Mrs. Bayliss, Teresa, and Cathy for writing letters 44B and correcting my spelling when necessary. All the employees of Frederick county as we have an excellent group of people in Frederick County I thank them all. I appreciate the media that have treated me fairly and well and I have no complaints. Lastly I want to thank the people of Frederick County particularly those in the Gainesboro District who gave me the privilege of representing them for the last two years, and I hope they will feel that I have done that as well as I could, it's been a memorable experience, and I leave with great memories. I will treasure it always. Mr. Orndoff - Mr. Dick I appreciate working with you some, but I have some reservations about it, and I hate to be the negative one. I have served on a lot of boards in Frederick County as chairman, president, etc., but this has been one of the worst four years for me serving. You as chairman have only talked to me two times on the telephone to give me any information or ask me for any information. I feel that you have talked with the other board members more then that and I usually got the information after the decision was already made. I did not appreciate that, but I will let it go at that, although I did appreciate being on the board with you, but I feel it was always the negative side with me for I never knew what was going on. Mr. Dick - Thank you Mr. Orndoff, I am not going to comment and dignify your remarks. Mr. Dick - I have enjoyed my four years on the board of supervisors. I have enjoyed working with all board members even though I knew where some stood that it was repre- sentation that no way would be in the interest of the county. I believe very strongly that this board has faced a lot during these four years and made a lot of decisions, made a lot of difficult decisions. I think that more citizens have been involved in Frederick County Government than ever before. We have taken the government to the people. We have had public hearings in areas of the county 449 that was never held there before. I am proud of the fact also that Frederick County has an excellent staff, a staff that he would put up against anyone's staff. I feel the leadership of Mr. Riley and staff has been great. Any staff members that he has ever dealt with, and even though he has not dealt with too many, I appreciate all they have done for me from the county administrator's office through all of the other department heads. It is wonderful to know that Frederick county is in good hands with Mr. Riley. I truly believe that each board member contributes their time and talents and I feel that when various things come up everyone has a vote. I feel this has been restored to this board of supervisors where each individual has but one vote and no one person has dominated the board of supervisors in my opinion as was done before. Having said this I am going to miss the board and each individual, and I wish the new members well in going ahead with things in Frederick County that will be addressed. This board faced a lot of tough decisions but there are more ahead and enough for everyone I am sure. I wish the board well. I thank you and asked God's blessing upon you and wish you well. Mr. Riley expressed his thanks on behalf of the staff to the board, noting that it has been somewhat contiguous at times, but they pulled together as a team to get the job done, and that is what it is all about. He thanked the board for giving the staff the opportunity to serve them. UPON .MOTION .MADE BY ROBERT M. SAGER, SECONDED BY JIMMIE K. ELLINGTON, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. ".~.~.""-. ,"",,~,,"'''4~~'''''~'';'''''' 'ail' A -