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September 14, 1994 Regular Meeting 044 A Regular Meeting of the Frederick County Board of Supervi- sors was held on September 14, 1994, 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; 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 James H. utt of the Grace Evangelical Lutheran Church. ADOPTION OF AGENDA Mr. Orndoff asked that "citizen Comments" be moved back to the beginning of the agenda instead of at the end of the meet- ing. Mr. Dick replied that was the Chairman's call and it will remain where it currently is. Mr. Orndoff stated that he had made a motion. Mr. Dick asked if there was a second to the motion. Mr. Ellington seconded the motion. Mr. DiCk called for discussion. Mr. Orndoff explained that he was elected by the people to represent them, and with the citizen comments being moved to the end of the agenda the citizens did not have an opportunity to address the board prior to any votes being taken by the board, and he did not agree with it being handled in this manner. Mr. Dick stated that prior to his time on the board that anyone wanting to appear before the board had to submit, in writing, their request ten days prior to the board meeting and they would be told then if they could appear before the board. He felt very strongly that citizen comments were something that the citizens were entitled to, thus his reason for placing it on the agenda, and after attending several meetings and discussions with chairmans from different counties as to when this appeared 045 on their agendas, he elected to move this item to the end of the agenda. Mr. Sager stated that he was not a parliamentarian, but questioned whether the board could vote on this since Mr. Dick stated that this action was the chairman's call. Mr. Riley stated that there was a motion and a second on the floor and he felt the board needed to dispose of the issue. Mr. Ellington stated that he was used to seeing this item at the beginning of the agenda, and he guessed that it just got by him during the August board meeting, but he had advised several people in his district that if they wanted to address the board they would need to be at the board meeting at 7:15 P.M. and the fact this was changed, those individuals left the meeting before they could speak. Mr. Dick stated that the citizens did have a chance to speak. Mr. Ellington stated that they had children going to school, as well as having to go to work, and they did not want to have to wait around until 11:30 P.M. at night in order to have the opportunity to speak to the board. 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 - Abstained Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye Mr. Longerbeam moved to have the "citizen Comments" moved on the agenda, at future board meetings, to the beginning of the agenda. He explained that he voted no on the previous motion as it had been advertised to appear at the end of the agenda. He feels this needs to be, for a prescribed time, at the beginning of the meeting. Mr. Ellington seconded the motion. Mr. Dick stated that he would like to see a time limit put on this. He further stated that when he started this the time limit was five minutes and due to a lot of political rhetoric he reduced the time to three minutes. 046 Mr. Longerbeam stated that he would move to limit it to two inutes. He wanted it made clear that he was referring to speakers. Mr. Orndoff asked why this was changed for the board eeting of August 10 and also this meeting. Mr. Dick stated that he wanted it at the end of the meet- ings from now on. Mr. Orndoff asked why would something be discussed after it as already been voted on. Mr. Dick - I don't know. Mr. Orndoff - Well you should know. Mr. Dick - It is citizen comments, they have a right to about what they want. Mr. Orndoff stated that was right, but if it is on the genda would they wait until the end, after it is already assed, then discuss it. Mr. Dick - I am always available to receive input from the ounty citizens, as I think most of the board members are, and supervisors have asked him why this is on the agenda at 11. Mr. Sager asked Mr. Riley or Mr. Ambrogi if this is a yes ote, does that mean it is a call made by the board chairman? Mr. Riley stated that once a motion is on the floor, to nswer your first question, you go through it and you deal with The way this board is organized with the chairman at large, chairman sets the agenda as far as how the agenda will be structured for each meeting, so I guess I am answering your uestion yes, in both respects. He further stated that his nderstanding based on what the board chairman has said at this eeting he is willing to do whatever the board wants to do. Mr. Smith stated that he saw nothing wrong with the way the oard had it previously, if someone wanted to speak they noti- fied Mr. Riley'S office and they were put on the agenda. He further stated that he felt constituents and the public needed o show some effort toward doing this. He doesn't really care it is at the beginning or at the end of the agenda. 047 Mr. Ellington stated that he felt two minutes was reason- able unless the request is made ahead of time. Mr. Orndoff asked Mr. Riley if in the past citizens had registered with him before they spoke at the meeting. Mr. Riley replied no. Mr. Longerbeam stated that his motion is for those individ- uals wanting to speak impromptu, it has nothing to do with those individuals who are present at the meeting to speak to a public hearing matter or who have made prior arrangements to be on the agenda. The motion to move the citizen comments to the beginning of the agenda, with a limit of two minutes, 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 ADOPTION OF AGENDA Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the agenda was adopted 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 Mr. Dick noted that there were two items on the agenda under public hearing that have been requested by the petitioner to be pulled and heard at a later date. The two items are Rezoning Application #003-94 of C. L. Robinson, Corp., and Rezoning Application #004-94 of Brown Lovett, Jr. Mr. smith stated that he would like to note that these applications were pulled at the request of the applicant. COUNTY AWARD PRESENTED TO DR. BRIAN LANDES Mr. Dick stated that the board of supervisors had decided a few years ago to present an award to an outstanding citizen of the county and with that thought in mind he would like to request that two county citizens please come forward at this 048 ime, they being Dr. Brian Landes and Mr. Wendell Dick at which ime he presented the award for the month of September, 1994 to r. Brian Landes. CONSENT AGENDA Mr. Riley suggested the following tabs for approval under he consent agenda: 1. Certificate of Achievement for Excellence in Financial Report - Tab Ci 2. Schedule Public Hearing Date for Planning Commission Items - Tab D; 3. Subdivision Application #006-94 - Holtzman Subdivision - Tab K; 4. Memorandum Re: Request for subdivision Waiver - Tab Ni 5. Road Resolutions: - Tab Oi a. Canterbury Square b. Frederick Woods c. Senseny Glen d. Oakdale crossing 6. Activity Report - August 16-31, 1994 - Tab Qi 7. Transportation Committee Report - Tab Ri 8. Parks and Recreation commission Report - Tab Si 9. Law Enforcement and Courts - Tab Ui 10. Personnel Committee Report - Tab V. Upon motion made by Robert M. Sager, seconded by Jimmie K. llington, the consent agenda was approved, as noted above, by 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 MINUTES Mr. Smith noted that on page 13 of the minutes of August 0, 1994, under the public hearing of Wayside Foundation for the rts, that the directors name should be Mr. Chris Owens. Mr. Orndoff noted that on page 18 under the Lovett rezon- ng, wherein a request was made to table for 30 days, the vote hould indicate that he abstained from voting. Upon motion made by W. Harrington smith, Jr., seconded by immie K. Ellington, the minutes of the regular meeting of 049 August 10, 1994 were approved 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 DOROTHY GILLIAM APPOINTED TO AREA AGENCY ON AGING Upon motion made by Jimmie K. Ellington, seconded by Robert M. Sager, Dorothy Gilliam was appointed to the Shenandoah Area Agency on Aging, as a representative from Frederick County, said term to commence on September l4, 1994, and expire on September 30, 1995. 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 CAROL A. LEHMAN APPOINTED TO THE HISTORIC RESOURCES ADVISO- RY BOARD Upon motion made by James L. Longerbeam, seconded by W. Harrington smith, Jr., Carol A. Lehman was appointed to the Historic Resources Board, as a representative from Back Creek District, said term to commence September 14, 1994 and expire September 14, 1998. Mr. Longerbeam did note, for the record, that Ms. Lehman is his sister-in-law. 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 Mr. Sager asked Mr. Riley about the procedure for appoint- ments to the Chapter 10 Board. Mr. Riley replied this decision was up to the board collec- tively on how they would prefer to approach these appointments, as we obviously do not have five appointments on the Chapter 10 Board and it was his understanding that the board had three 050 ppointments, and two of those currently serving were not ligible for reappointment under the two term limit. Mr. Dick stated that he would question that, as the board 'nstituted the two term limits since he has been a member of the oard and the two term limits mean four year periods of term. Mr. Longerbeam explained that it was his understanding that is something that is in the Chapter 10 By-Laws and the oard has no control over it. Mr. smith asked if there were any term limitations on the ndustrial Development Authority. Mr. Riley replied that the term limitations, as imposed by board since 1992, would apply to the Industrial Development uthority. CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING PRESENTED TO COUNTY FINANCE DEPARTMENT - APPROVED UNDER CONSENT AGENDA SCHEDULING OF PUBLIC HEARING DATE FOR PLANNING COMMISSION ITEMS - APPROVED UNDER CONSENT AGENDA Rezoning Application #006-94 of Frederick Mall Land rust/James T. Anderson is scheduled for the October 12, 1994 oard meeting. ROBERT P. MOWERY. CPA. ADDRESSED THE BOARD RE: TAXATION OF TRACTOR AND TRAILERS Mr. Robert Mowery, CPA, appeared before the board on behalf f some of the local truckers stating that he felt the personal roperty tax that is assessed on tractor and trailers in Freder- ick county is too high and the section of the county code that ddresses this needs to be looked into and amended in order to e fairer to the trucking companies that have their business ithin Frederick County. He further noted that after complet- local trucking firms it is now more economically eneficial for these trucking companies to move out of state and his concerned him as a citizen of Frederick County. Mr. Mowery sked the board to provide temporary relief by adopting a policy o value commercial vehicles as a percentage of the original There is a Virginia Code section 58.1-3503 number 5 that that trucks shall be valued either by means of recogniz- ing pricing guide, using the lowest valuable specified in such 051 guide and he felt this is what the county is doing at this time, or a percentage of its original cost. He is proposing that the motor vehicles weighing 26,000 lbs. or over and require a CDL license to operate, according to the federal definition, and the trailers that they are normally pulling to be valued at 30 to 50% of original cost in the first year, and then that percentage would drop down. This would bring the effective rate of tax close to the machinery and tools, and this would give the trucking industry some immediate results as far as relief. He further requested that the board request the General Assembly to amend the code for machinery and tools tax, as well as personal property tax, in order that the vehicles he referred to earlier weighing 26,000 lbs. and over, along with the trailers customar- ily pulled by such vehicles, would be taxed as machinery and tools and not personal property. Mr. Longerbeam stated that this same tax rate had been in place for a number of years, why all of a sudden has it become a problem. Mr. Mowery explained that the truckers had been fighting this for a number of years and one of the things was the pro rata taxes that the county enacted last year. The cost of vehicles has gone out of site along with the increase in compe- tition in the area. Mr. Longerbeam stated that he read recently that truckers statewide were pursuing this and were planning to request the changes as Mr. Mowery had outlined. Mr. Mowery replied that a meeting was held this date with Mr. Dale Bennett, executive director of the truckers organiza- tion, however not every county has interest in this as their machinery and tools tax is the same rate as their personal property and most other counties have a much lower rate than Frederick County. Mr. Mowery further explained that the code states all motor vehicles are to be taxed as personal property. 052 Mr. Smith asked why we couldn't tax tractor and trailers as e have airplanes, without having to go to Richmond to have the egislation changed. Mr. Arnbrogi, county attorney, addressed this noting that it as possible that this could be changed to a separate class. Mr. Mowery explained that the truckers did not want to be eld out separate from other businesses, ~nd they didn't want to aye a fight every election year as to what the rate should be s it would be a never ending issue. Mr. Dick asked Mr. Mowery if some of the clients he repre- ents had their trucks taxed in previous years. Mr. Mowery replied yes, the businesses he represents. Mr. Dick stated that one of his clients remarked to him hat he had grossed about 5 million dollars in the trucking usiness and they were very unhappy about the tax they have to ay. He further stated that he was very concerned about Harry omeowner himself, he is concerned and sympathetic with the rucking industry, but Frederick County's personal property is he 5th highest of any county within the state of virginia. He eels the county needs to look at all personal property and not ust special interest groups. Mr. Sager asked what exactly was being talked about con- erning the vehicles, ones that just make local runs or cross tate, etc. Mr. Mowery replied all vehicles that meet the definition nder the federal law 26,000 lbs. and over. Mr. Longerbeam stated that he felt this should be going to & Ordinance Committee, and asked Mr. Mowery if he and one of his clients would be willing to corne to the committee o discuss this further. Mr. Mowery replied yes. C. WILLIAM: ORNDOFF. JR.. COUNTY TREASURER. ADDRESSED THE BOARD RE: YEAR END STATUS REPORT Mr. Orndoff presented his annual year end report effective une 30, 1994. 053 He requested the boards approval on the exoneration of certain tax bills as well as the authorization to publish the 1993 delinquent list of taxpayers in the local newspaper. Upon motion made by Robert M. Sager, seconded by w. Harrington smith, Jr., to approve exoneration of certain tax bills amounting to less then $5.00 per bill. 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 Upon motion made by James L. Longerbeam, seconded by W. Harrington Smith, Jr., to authorize the county treasurer to advertise 1993 delinquent taxes in the local newspaper. 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 NATALIE CATHER MILLER. COUNTY COMMISSIONER OF THE REVENUE ADDRESSED THE BOARD Mrs. Miller provided the board with information from her office re: personal property taxation in Frederick county. She explained to the board that the current personal property rate in Frederick County is not only too high for the trucking industry, but it is also too high for all items of personal property including the vehicles that citizens own either for pleasure or use to commute to work, equipment used in businesses other than manufacturing or processing, boats and utility camping trailers. Mrs. Miller outlined what she, as Commission- er of the Revenue, is required to do as far as the state code and the county code is concerned in taxing county citizens for taxes they owe. She further noted that the average citizen in Frederick County has been paying more personal property taxes on your personal vehicle than some of the trucking companies have been assessed on their entire fleet, office equipment, and 054 ools, the county has a problem. It is her duty to be sure very one is being assessed fairly and equitably based on the ode of Virginia. She further explained that in 1993, due to hecks and balances, that she instituted over $300,000 of ersonal property revenues was recovered for the county, and in because of additional changes in procedures and forms, and adjustments for refunds and reductions, it is projected hat personal property revenues will reflect an increase of over million dollars, this is due to compliance. She further that because these additional revenues have been realized hoping the board of supervisors will lower the personal roperty tax rate for everyone. CITY-COUNTY AGREEMENT Mr. Riley presented this information to the board noting hat the information was mailed to the board members on Septem- ber l3, which is the version of the voluntary settlement agree- ent, pursuant to Virginia Code 15.1-1167.1. Mr. Dick asked everyone to be sure this is the copy they had before them, as there have been a lot of copies of this particular agreement. Mr. Riley explained that the voluntary settlement agreement speaks to a couple of issues, one dealing with annexation and the City of Winchester, as an independent city, agreeing that it would give up its right to annex until January l, 2006, and the county, on a like agreement, agreed to waive its right to immunity until January 1, 2006. He further explained that there are a number of caveats within the agreement that deal with the city reverting back to a part of the county, meaning reverting to town status, tiered city or a consolidated government ar- rangement. If the City should revert to a town status they would be allowed to annex portions of the county. An annexation by a town is different than an annexation by an independent city in that the County does not lose territory to a town, if the town should decide to annex. That doesn't mean if the city should revert back to town status, which they could do tomorrow if they so chose, that the county would not oppose the 055 annexation, or try to sit down and try to reach some type of voluntary settlement. Mr. Riley further stated that he felt every conceivable issue dealing with the rights of the City are addressed in the agreement. He explained that the construction of the new county complex, as well as the purchase of the property located at 107 North Kent street was also addressed, and that 9 Court Square as it presently is, is also addressed along with the Penny's Building. The county's designee for the acquisition of the county office project is the Frederick County Industrial Development Authority. Mr. Orndoff asked why the 6.5 million dollar figure was excluded from the latest agreement. Mr. Riley explained that the city's concern was that if the price was exceeded, would it void the agreement if we went over that amount. Mr. Dick stated that he had the same concern and he planned to address this, when the motion was put on the floor, as this board had discussed a cap on this project in the past and as far as he is concerned this has not changed. Mr. Orndoff asked if the county was committed to the 68,000 square foot building that has been noted in this agreement or can we build a smaller building with less square footage. Mr. Riley explained that was not a concern of the city. He feels the county could build less. Mr. Longerbeam stated that he felt it was only good plan- ning, that the county have some kind of residual for growth because obviously we are going to grow. Mr. Orndoff stated that if the school board does not come downtown we wouldn't need that much space, and if we sign this agreement, does that mean we have to build a 68,000 square foot building. Mr. Longerbeam replied that he did not feel the building would have to be completed, but he felt the outside dimensions would have to be 68,000 square feet. 056 Mr. Orndoff stated that he did not see how the county could ign off on this contract when we are not sure at this point xactly what we need. Mr. Sager moved to approve the resolution. Mr. smith econded the motion. Mr. Ellington stated that he had a problem with the annexa- ion issue and the year of 2006 as well as the bonding, as he elt from the very beginning that the citizens of the county hould have had some say in this matter. Mr. Dick stated that he had two concerns with this agree- ent, one being the 6.5 million as it is not spelled out in the greement, and because of that he would like to have this added o the Finance Committee Report that will be coming to the board ater in this meeting, and that a motion be made at that time, eiterating what this board has agreed to all along, regarding he 6.5 million dollar figure, not to be exceeded. The board oncurred with this request. He further addressed the issue of ernolition at 9 Court Square. He would like to refer to the ublic Works Committee at the time their report is presented ater in this meeting and request that a price be obtained as to hat it would cost to save the Clerks Building, as well as the 9 ourt Square site, over and above what the county is putting the building. Mr. Smith stated that he had been in favor of keeping the ld Clerks Building, he would not let this project go down the rain if that building has to go, but he felt strongly about this building. The board concurred with this being iscussed during the Public Works Committee Report later in the Mr. stiles appeared before the board, however Mr. Dick him that this was not a public hearing therefore he ould not allow him to speak. Mr. Orndoff stated that he still was not happy with this as for he felt by the time everything is done we will end p spending between eight and nine million dollars to get the arne thing we had an opportunity to get for 6 million. 057 Mr. Smith stated to Mr. Orndoff that there were 10,000 citizens that signed a petition that said they wanted us to stay in the city. Mr. Orndoff stated that he still has citizens asking him why is the county doing this. Mr. Longerbeam stated that he hoped the board was pleasing at least 51 percent of the people. Mr. Dick stated that about four years ago the board of supervisors of Frederick County voted to build a 16 million dollar complex in Frederick County that had 128 thousand square feet. He knows a lot has been done during the past several years to curtail growth in government and he felt the county needs what is being presented at this time and he intends to vote for this motion. RESOLUTION APPROVING A VOLUNTARY SETTLEMENT AGREEMENT BETWEEN THE COUNTY OF FREDERICK AND THE CITY OF WINCHESTER, VIRGINIA - APPROVED WHEREAS, the County of Frederick and the City of Winchester have worked together to reach an agreement concerning the annexation rights of the City and County and the location of the County's Administrative offices in downtown WinChester, to the mutual benefit of the two jurisdictions and the citizens of each; and, WHEREAS, the County and City wish to formally adopt a voluntary settlement agreement setting forth the provisions of the agreement reached by the two governing bodies; and, WHEREAS, the County and City will cooperatively and dili- gently seek approval of the agreement by the Commission on Local Government and by the Court convened for the purpose. NOW, THEREFORE, BE IT RESOLVED by this Joint Resolution of the Common Council of the City of Winchester and the Board of Supervisors of Frederick County that the Voluntary Settlement Agreement in the form of that attached to this resolution be approved and authorized. BE IT FURTHER RESOLVED by the Common Council that the city manger is hereby authorized and direct to execute and deliver the agreement to the County, and to do all other things neces- sary to carry out the terms of the agreement. BE IT FURTHER RESOLVED by the Board of supervisors that the county administrator is hereby authorized and directed to execute and deliver the agreement to the City, and to do all other things necessary to carry out the terms of the agreement. BE IT FURTHER RESOLVED that all actions necessary by any other officers of the City or County to effectuate the terms of the agreement are hereby authorized and directed to be carried out. Adopted this 13th day of September, 1994 by Common Council. 058 Adopted this 14th day of September, 1994 by the Board of upervisors. The above motion to approve the voluntary Settlement greement 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 Mr. Smith requested that the record show that this matter as voted on at 8:40 P.M. on September 14, 1994. COUNTY COMPLEX FINANCING - APPROVED RESOLUTION OF THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF A FINANCING FOR A COUNTY GOVERNMENT COMPLEX Mr. Riley presented this information to the board explain- that it was necessary for the board to adopt this resolution hich will allow the board to advance the funds to go to closing n the Courthouse Associates Building and allowing the county to e reimbursed by the IDA when bond proceeds are issued. The Board of Supervisors of Frederick county, Virginia (the 'County") has determined that it is necessary or desirable to dvance money to pay the costs of acquiring, constructing and quipping a county government complex for the County (the 'Project") . NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS F FREDERICK COUNTY, VIRGINIA: 1. The Board of Supervisors adopts this declaration of fficial intent under Treasury Regulations Section 1.150-2. 2. The Board of Supervisors reasonably expects to reim- urse advances made or to be made by the County to pay the costs f acquiring, constructing and equipping the Project from the roceeds of its debt or other financings, including revenue onds issued by the Industrial development Authority of the ounty of Frederick, Virginia. The maximum amount of debt or ther financing expected to be issued for the Project is 6,500,000. 3. This resolution shall take effect immediately upon its doption. Adopted this 14th day of September, 1994. Upon motion made by W. Harrington smith, Jr., seconded by obert M. Sager, the above resolution was approved by the ollowing recorded vote: Richard G. Dick - Aye 059 W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Nay Charles W. Orndoff, Sr. - Nay Public Hearinq: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 155. TAXATION: ARTICLE XVI. SPECIAL LICENSE PROVISIONS: SECTION 155-107. PUBLIC UTILITIES - APPROVED Mr. Riley presented this information to the board. There was no public input. Upon motion made by Robert M. Sager, seconded by James L. Longerbeam, the following ordinance amendment was approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 155, TAXATION; ARTICLE XVI, SPECIAL LICENSE PROVISIONS; TO AMEND SECTION 155-107, PUBLIC UTILITIES. BE IT ORDAINED, that Chapter 155, Article XVI, Section 155-107, is hereby amended to read as follows: S 155-107. Public utilities. The license tax for the privilege to any person, firm or corporation engaged in the business of providing telephone, telegraph, water, heat, light or power service in Frederick County shall be one-half of one percent (0.5%) of the preceding year's gross receipts. In the case of telephone companies, charges for long distance telephone calls shall not be included in gross receipts for purposes of license taxation. Upon motion made by Robert M. Sager seconded by James L. Longerbeam 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 - Abstained Charles W. Orndoff, Sr. - Aye Planninq Commission Business: Old Business: REZONING APPLICATION 1003-94 OF C. L. ROBINSON. CORP.. TO REZONE 16 ACRES FROM RA (RURAL AREAS) TO B3 (INDUSTRIAL TRANSITION) FOR THE DISTRICT OFFICE OF THE WINCHESTER DIVISION OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION. (REOUEST TO CONTINUE UNTIL OCTOBER 12. 1994 BOARD MEETING) REZONING APPLICATION 1004-94 OF BROWN LOVETT. JR.. TO REZONE 59.71 ACRES FROM RA (RURAL AREAS) TO M1 (LIGHT INDUSTRIAL) FOR MANUFACTURING USES. THIS PROPERTY IS LOCATED ON MARTINSBURG PIKE. OPPOSITE THE INTERSECTION WITH STEPHENSON ROAD. IN THE STONEWALL DISTRICT. AND IS IDENTI- FIED AS ~IN 44-A-75. (~OUEST TO CONTINUE UNTIL OCTOBER 12. 1994 BOARD MEETING) SUBDIVISION APPLICATION 1006-94 - HOLTZMAN SUBDIVISION - APPROVED UNDER CONSENT AGENDA 060 MASTER DEVELOPMENT PLAN 1005-94 - BIGGS/GARBER TRACT - APPROVED Mr. Dick noted that he would be abstaining from any discus- or vote on this request as this property borders property he owns, therefore Vice Chairman, W. Harrington smith, Jr., this portion of the meeting. Mr. Kris Tierney, assistant planning director, presented request to the board noting that staff and planning commis- ion had recommended approval. Mr. Ron Mislowsky, of G.W. Clifford Associates appeared efore the board on behalf of the petitioner. The board discussed the traffic light in this area as well s the access and egress to this particular property. Mr. watkins, planning director asked to clarify a point oting that the planning commission was not asking for a connec- ion to Delco Plaza or Farmers and Merchants National Bank, they ere asking that the owner make provisions so this could be one, strictly in terms of their property, their side of the ine. Mr. Longerbeam stated that this might pose a similar type f problem depending on where Farmers and Merchants or Delco laza might want their entrance. He felt the contingency should e removed, and when either F&M or Delco Plaza decides they need n entrance, let them go back to this applicant and work it out. Mr. Watkins explained that he felt some sort of note needed o be put in the master development plan obligating this partic- lar property owner to participate in the process as outlined by r. Longerbeam. Mr. Mislowsky was in agreement with this. Upon motion made by James L. Longerbeam seconded by Robert Sager, Master Development Plan #005-94 of Biggs/Garber Tract as approved by the following recorded vote: Richard G. Dick - Abstained W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellinston - Aye Charles W. Orndoff, Sr. - Aye At this time Mr. smith returned the gavel to Mr. Dick. 061 MASTER DEVELOPMENT PLAN 1004-94 - STAR FORT - APPROVED Mr. Orndoff asked if this property was in stonewall or Gainesboro District. It was the consensus of the board that this is in stonewall District and the information from the planning department should be changed to note this. Mr. Kris Tierney, assistant planning director, noted that the planning department had received a letter this date from Shockey Brothers wherein they have no objection to this request. Mr. Tierney noted that the staff recommended approval, contin- gent upon resolution, of open space issues and the necessary amendments to the plan to meet the technical requirements. The planning commission felt it was necessary to have the connection to Locke Drive, they also felt the owners of star Fort should be a part of the application, which would address the open space concerns. Residents of Locke Drive were present at the planning commission meeting and were opposed to having the entrance on Locke Drive. The planning commission did recommend approval and they instructed staff and the applicant to work out the issues of open space and access to Locke Drive. He further noted that the planning department had received a letter from Robert Rhodes, president of Middlesex Artillary Fleet's Battery, Inc. CSA, which the staff felt alleviates the concern over open space and the dedication of star Fort. They had also received a letter from Chuck Maddox of G.W. Clifford along with a revised layout for the proposed residential development, which also addresses some of the concerns of the residents of Locke Drive. The planning staff felt at this point that the applicant has done what he has been requested to do. Mr. Dick asked if Locke Drive was within the state system. Mr. Tierney replied yes. Mr. Dick explained that the planned crossover concerned him inasmuch as it is not close to Hillcrest, it is further up the road, and he wondered whether this could be a problem. 062 Mr. Tierney explained that with staff and VDOT the primary to and from the residential development will be the one is across from the crossover on Route 522. Mr. Dick asked about the location of the deceleration lane, the one coming out of winchester, but going the other way, felt this is a very dangerous spot. He further asked the commercial entrance was going to be. Mr. Tierney explained that this had not been specified at time. Mr. Watkins stated that he felt this concern of Mr. Dick be when the motion was presented to approve this request. Mr. Dick stated that another concern he had was the owner- of star Fort, and whether or not there would be any activi- ies at this location such as there are at Fort Shenandoah like North and South Skirmishes. Mr. Tierney stated that this had not been discussed with applicant. Mr. smith stated that he wanted to be sure that anyone uying these lots would be aware of the proximity of Shockey rothers so complaints about equipment noise etc. would not be oming to the board once the development has started. Mr. Ellington stated that he had a concern about the turn round at the end of Locke Drive. He requested that the plan- ing commission look at this at the site plan stage. Mr. llington further stated that when this was heard by the plan- ing commission he understood that Star Fort would be maintained assessment of the property owners of up to $400, which be placed in a fund and the recommendation was that this be administered by the board of supervisors, he is not in favor of this. Mr. Longerbeam stated that he felt a left hand turn is also eeded across the median strip, and the county needs to control commercial entrances into this subdivision. Mr. John Foote, attorney, appeared before the board on of George Glaize and Carlin Smith. He addressed the idea star Fort could be done over and maintained and that is 063 how the assessment came about. There would be a mandatory assessment of not less than $50 and not more than $250, this would be limited to $50 per lot for the first five years and it could only be increased $10 per lot in the years following. They felt this would maintain star Fort in the foreseeable future. The board would not be involved in handling any of these funds, the board could possibly be asked to approve the budget for the use of these funds. Mr. Chuck Maddox, of G. W. Clifford, appeared before the board to explain what was planned as far as the entrances were concerned. Mr. Dick stated that his area of concern with the reenact- ments, skirmishes still had not been addressed. Mr. Foote explained that the answer on this would have to come from Mr. Rhodes. Mr. Dick asked if the developers would be putting the cul-de-sac in on Locke Drive. Mr. Foote replied yes. Mr. Robert Rhodes appeared before the board stating that at this present time the only thing they are trying to do is get the fort preserved, and the only future use they will be doing is living history, there will be no skirmishes or perse battles. There will be demonstrations, life as it used to be in a fort, probably because of the neighbors there will be what they call dry firing weapons, no weapons will be loaded, only caps. The fort will be used certain times by union troops and certain times by confederate troops. Mr. Dick asked no noise from guns, none whatsoever. Mr. Rhodes replied only what a cap would sound like. Mr. Dick asked Mr. Rhodes if the group he was representing had any funds as far as restoring the fort, and have they ever been given any funds to restore the fort. Mr. Rhodes replied yes the first monies that were given to star Fort were spent on the plans for Star Fort and all funds given have been expended over the years and the amount was approximately $24,000. There was one initial clearing, complete 064 topo plans of the area. The large chunk of money that was given to the fort was given and reversed right back to a company that did the initial clearing of the fort. Mr. Dick asked how long ago this happened. Mr. Rhodes replied that he thought it was around 1982 or 1984. Mr. Dick asked approximately how much went for clearing. Mr. Rhodes stated that approximately $22,000 was the turn around gift, which was basically from private individuals and went right back. Mr. Dick asked if any clearing had been done since that time. Mr. Rhodes stated that some hand clearing by volunteers, other than that not much had been done. Mr. Longerbeam asked how many people were in this organiza- tion. Mr. Rhodes replied four people. Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., and in seconding the motion Mr. smith requested that something be noted in the deeds that would make the owners aware of Star Fort and the activities that could take place there, the master development plan #004-94 of Star Fort 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 Mr. Longerbeam requested that he might see a copy of a deed before the master development plan is finalized. BOARD TAKES 5 MINUTE RECESS REQUEST FOR SUBDIVISION WAIVER - APPROVED UNDER CONSENT AGENDA This plat proposes the division of a 2.309 acre lot from a larger tract consisting of 74.769 acres. This would be a permitted division except for the fact that Section 165-56 A. of the Zoning Ordinance requires that the lot be 250' in width at the 60' setback line when established on an existing state maintained road. The proposed eastern boundary of this lot is also the zoning boundary of the MH-1 zoned land also located on this parcel. The MH-1 zoned portion and this proposed lot are both 065 part of a larger parcel identified with PIN# 87-A-95. If this lot is required to have 250' frontage on Fairfax Pike, this would be possible but it would need to encompass enough of the MH-a zoned portion to establish that width. since this is a subdivision issue, this request can be approved or denied by the board of supervisors with a recommen- dation from the Planning Commission. ROAD RESOLUTIONS FOR CANTERBURY SOUARE. FREDERICK WOODS. SENSENY GLEN AND OAKDALE CROSSING - APPROVED UNDER CONSENT AGENDA RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS The Board of Supervisors of Frederick County, in regular meeting on the 14th day of september, 1994, adopted the follow- ing: RESOLUTION WHEREAS, the streets described on the attached Additions Form SR-5(A), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County, and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Reauirements of the Virginia Department of Transportation, and WHEREAS, the County and the Virginia Department of Trans- portation have entered into an agreement on June 9, 1993 for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets de- scribed on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to 33.1-229, Code of Virgin- ia, and the Department's Subdivision Street Reauirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virgin- ia Department of Transportation. ROUTE 37 RECOMMENDATION FROM ROBERT WATKINS. PLANNING DIRECTOR Mr. Watkins stated that the final decision concerning which Route 37 alternative will be chosen will rest with the Virginia Commonwealth Transportation Board. The time has come in the process when it would be appropriate for the County to make a recommendation to the Transportation Board concerning which alternative would be most appropriate. Once this decision is made, a final environmental impact statement will need to be completed describing the environmental impacts of the alterna- tive chosen and describing how those impacts will be addressed. Engineering design will follow the final EIS. After design 066 ight-of-way acquisition and construction will occur. It is the pinion of the staff that, once a County recommendation has been ade, VDOT should accept full responsibility for completing all ubsequent steps. It will be the County's job to continue to ush to see that funding is provided and the project carried out Y VDOT. He further stated that the staff recommendation is hat additional planning for the Route 37 extension should nclude provisions for an additional interchange between Inter- tate 81 and Route 522 South. Direct access to areas east of nterstate 81 in this area, currently provided by Route 642, hould not be removed until alternative direct access is provid- d. He further stated that it is recommended that Alternative C e chosen and built. Mr. Sager stated that it was his understanding that Mr. ushman indicated that the county should pursue with every roposal the connection of Warrior Drive to Route 37, even hough it would be between Route 522 south and Route 37 exit, here it presently ends. Mr. Orndoff asked if Route 11 North can be changed. Mr. Watkins replied yes, but they were not recommending oing further North as they wanted to shorten C, not elongate t. Upon motion made by Robert M. Sager, seconded by W. arrington Smith, Jr., the following resolution was approved: RESOLUTION EXTENSION OF ROUTE 37 WHEREAS, Frederick County is a rapidly growing community ith growing transportation needs; and, WHEREAS, Frederick County has been working with the Virgin- a Department of Transportation to plan for an effective road etwork in eastern Frederick County; and, WHEREAS, additional limited access, higher speed road apacity is needed to support the projected traffic growth in astern Frederick County; and, WHEREAS, Frederick County, working with the Virginia epartment of Transportation, has completed a draft environmen- al impact statement describing alternative approaches to xtending existing Route 37 east of Interstate 81 to meet these eeds, NOW, THEREFORE, BE IT RESOLVED, that the Frederick County oard of Supervisors recommends that an extension of Route 37 be uilt and that the approach described in the draft environmental rnpact statement as "Alternative C" be used; and, 067 BE IT FURTHER RESOLVED, that some modification of Alterna- tive C be provided to the north of Route 7 that would improve its effectiveness and reduce impacts; and, FURTHER BE IT RESOLVED, that great care should be taken in the design of this project to minimize impacts on properties, homes, businesses, and the environment. Special care should be taken at the crossing of existing Routes 522, 50, and 11, and, FURTHER BE IT RESOLVED, that additional planning for the Route 37 extension should include provisions for an additional interchange between Interstate 81 and Route 522 South to support an important growth area designated by the Frederick County Comprehensive Plan. Direct access from Interstate 81 to areas east of the interstate should not be removed until alternative direct access is provided, and FURTHER BE IT RESOLVED, that the Virginia Department of Transportation should take the lead role and responsibility to complete the planning, design, right of acquisition, and con- struction of the Route 37 extension as soon as possible. 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 ACTIVITY REPORT - AUGUST 16-31. 1994 - APPROVED UNDER CONSENT AGENDA TRANSPORTATION COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Frederick County Transportation Committee held a public hearing to update the 1995-1996 Frederick County Secondary Road Improvement Plan. The following information provides details regarding each section of the plan, as well as citizen comments: 1) Maior Proiect Road Improvement Plan The Transportation Committee received two requests to create a new priority for specific projects. The first request was from the Town of Stephens City (please see enclosed resolu- tion), the second was from residents along Back Creek Road (Route 704). Neither of these projects are advertised for construction at this time. The Transportation Committee did not feel that the proposed projects that occurred before these were of less importance. Therefore, they recommended that this section of the plan remain in the same order of priority. 2) HARDSURFACE Road Improvement Plan The Transportation Committee considered three requests for new HARD SURFACE road improvement projects. These roads include a portion of Ridings Mill Road (Route 709), Heishman Lane (Route 607), and canterburg Road (Route 636). The Transportation Committee recommended that these projects be added to this section of the plan in the order listed above. They are listed as priorities 23, 24, and 25. 3) Incidental Construction The Transportation Committee received ten new projects that qualify for incidental construction (please see enclosed list). These projects were proposed by VDOT, and all qualify for funding during the 96/97 fiscal year. The Transportation 068 Committee recommended that these projects be included through the update process. 4) citizen Comments Mr. Perry Silva addressed the Transportation Committee to determine why Klines Mill Lane (a portion of Route 633) was not HARDSURFACE during the construction of the new scales on Interstate 81. Mr. Silva stated that the citizens along that road were told by VDOT employees that the hardsurfacing of this road was part of the construction project. Mr. Bushman told Mr. Silva that hardsurfacing Klines Mill Lane was never intended to be part of the construction project. The Transportation Commit- tee added this section of Route 633 to the hardsurface road plan to be completed in conjunction with the other portion of Route 633. The Transportation Committee asked VDOT to investigate other options as well, since Kline's Mill Lane was utilized by state employees to access the scales. Mrs. Rita Bauman addressed the Transportation Commit- tee to ask questions regarding incidental construction improve- ments to Adams Road (Route 689). VDOT representatives said that they would be glad to meet with the citizens that live along Adams Road to determine where the money could be best spent for improvements. Mrs. Bauman said that she would be glad to work with VDOT to accomplish this. PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on July 19, 1994. Members present were: Robert Roper, Charles Sandy, Cheryl Swartz, Timothy Hockman, Robert Hartman, Carmen Rio, William Eyles, and Jimmie Ellington. Submitted for Information Only: Carry Forward Reauest - Mr. Rio moved to forward a recom- mendation to the Finance Committee requesting $88,704 in carry forward monies to complete projects not funded during FY 1993-94, seconded by Mr. Eyles, carried unanimously. PUBLIC WORKS COMMITTEE REPORT The Public Works Committee met on Tuesday, September 6, 1994, at 7:30 a.m. Present were board members Charles W. Orndoff, Sr. and W. Harrington Smith, Jr., committee members 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 Reauirina Action *** Landfill Leachate Treatment Pro;ect - Approved Design documents have been prepared by G. W. Clifford and Associates Inc. for a leachate treatment facility to be con- structed at the landfill. These documents were submitted to the Department of Environmental Quality with an application for a discharge permit. The advertisement of the permit application for the required 30 days will be completed on September 8, 1994. e are expecting final approval by the end of September barring any unforeseen problems. Concurrent with the permit application process, we applied for a funding grant offered by the Commonwealth of Virginia for astewater treatment facilities. They informed us that we are 16th on the priority list. However, they did not indicate how uch money would be available or if they would reach number 16 on the priority list during the 1994/1995 Fiscal Year. 069 Because we have spent approximately $200,000 pumping and hauling leachate within the past nine (9) months, it is imperatiye that we proceed with the construction of the on-site treatment facility as soon as possible. Consequently, a motion was made by Dudley Rinker and seconded by W. Harrington Smith, Jr. to utilize retained earnings to fund the project as soon as we obtain a permit. This motion was unanimously approved by the committee. Two (2) cost proposals prepared by G. W. Clifford and Associates, Inc. are attached for the Board's review. These proposals range from $472,261 to $682,596. The latter estimate includes revised unit prices for the 80 mil liner and cut quantities. Liner prices have increased sUbstantially within the last six (6) months. Therefore, we are attempting to provide a unit price which will be reflective of the actual price at the time of construction. The unit price for the cut quantities was increased to account for potential rock excava- tion. (see Attachment 1a and 1b) Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., the above 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/Purchase Heavv EQUipment - Tabled For Further Reyiew of Bids until Exact Amount is Known The attached memorandum dated august 11, 1994, was submitt- ed to the Finance Department requesting a transfer of funds from one line item to another within the same budget. It is hopeful that this memorandum adequately explains the need for the transfer. Steve Frye, Landfill Manager, explained the need for the new equipment to replace old worn out equipment. He also highlighted the advantages of a lease/purchase arrangement. A motion was made by W. Harrington smith, Jr. and seconded by Dudley Rinker to approve the proposed $155,000 transfer to the lease/purchase line item. The committee unanimously approved the transfer. Following discussion by the board, it was the consensus that this be referred to the Finance Committee for further review of the bids, and back to the board for final approval. New Landfill Maintenance Facility - Tabled until Bids are Reviewed and Exact Amount is Known The Public Works Department requested that the Fiscal Year 1993/1994 funding in the amount of $220,000, for a new mainten- ance facility be carried forward into the Fiscal Year 1994/1995 budget. This request was initially submitted to the Finance Committee for approval. Their approval was predicated on the approval of the Public Works Committee. After discussing the need for the facility and prior approval process, a motion was made by W. Harrington Smith, Jr. to approve the carry forward provided the final construction bids were approved by the committee. The motion was seconded by Dudley Rinker and unanimously approved. Expansion of Sheriff's Department Impound Lot - Approyed 070 The Sheriff's Department is being required to expand or ouble their impound lot located off of Sulphur Spring Road. asically, the expansion will include doubling the size of the enced area from 80' by 150' to 160' by 150' and covering the rea with gravel. We can utilize our labor and equipment to lear and grade the new lot. The cost of moving the existing ence, erecting approximately 160 feet of new ten (10) foot high ence and installing a new gate is estimated to be $7,000. The tone required to cover the new 80' by 150' area to a depth of our (4) inches is estimated to cost $2,500. The total cost of he project including the labor and equipment required to erform the grading is estimated to be $12,000. A motion was made by W. Harrington smith, Jr. and seconded y Jim Wilson to obtain the funds for the project from the 26,000 that the Sheriff's Department generated from the sale of onfiscated property. This motion was unanimously approved. Upon motion made by Charles W. Orndoff, Sr., seconded by obert M. Sager, the above was approved by the following record- d 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 Demolition of J.C. Penney's Buildinq and 9 Court Square Complex - To be Rebid The Director of Public Works presented a draft RFP and pecifications for the demolition of the J.C. Penney's Building nd the 9 Court Square Complex. The committee recommended that hese documents be forwarded to the Board for their approval and irection to proceed. Board instructed Public Works Director to get bids on emolition versus renovation of 20 and 9 Court Square. *** Items Not Requirinq Action *** Demolition of Gore School A cost estimate for demolition of the Gore School was resented by the Director of PUblic Works. A copy of a memoran- urn describing this estimate is attached. A motion was made by im Wilson to table this item until after the Planning commis- ion meets and determines the disposition of the rezoning equest for this property. The motion was seconded by W. arrington Smith, Jr. The committee unanimously voted for the otion to table. List of proiects Proposed for Fiscal Year 1994/1995 A list of projects proposed for Fiscal Year 1994/1995 was resented by the Director of Public Works as general in for- ation. A copy of this list is attached. Miscellaneous Reports Various reports were submitted to the committee for their 'nformation. (See attachments 6, 7, 8, 9, 10 and 11). LAW ENFORCEMENT AND COURTS COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA L 071 The Law Enforcement and Courts Committee met on Thursday, September 8, 1994, 4:00 P.M., in the Personnel Office Conference Room. Present were chairman of the committee Robert M. Sager; committee members Larry P. Coverstone, James L. Hockman and Donald Ratcliff. Also present were Board of Supervisors Chair- - man Richard G. Dick, County Administrator John R. Riley, Jr., Sheriff Robert T. williamson and Major Alvin Johnson. Board member James L. Longerbeam and Commonwealth's Attorney Lawrence R. Ambrogi were absent. The committee submits the following: Discussion of Abandonment of Brannon Ford Road Mr. and Mrs. Osborne appeared before the committee and requested that Route 740 be abandoned from Route 671 to the Virginia state line. Repeated acts of vandalism, abusive language, public drunkenness and two homicides were sited by sheriff and residents as reasons to close this state route. committee recommends the closure be advertised for public hearing on October 12, 1994. west the The Discussion of Expansion of the Impound Lot The sheriff is requesting that the impound lot on Sulphur Springs Road be expanded. This is being requested due to state laws enacted on July 1, 1994 which allow law enforcement person- nel to impound vehicles of persons who are stopped for driving under the influence and are repeat offenders. The committee recommends approval and that funds be used from the previous sheriff's sale. The committee also requested that the virginia State Sheriff's Association request legislation that would allow local law enforcement agencies to charge for storage of impound- ed vehicles. PERSONNEL COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA Personnel Committee met on Monday, August 29, 1994 in the Personnel Conference Room with the following members present: John R. Riley, Jr., James L. Longerbeam, Chairman, Jimmie K. Ellington, Robert S. Gordanier, Leonard D. Newcome, and Phyllis Baker (sitting in for Ann K. Kelican). The Committee approved the following report and recommenda- tions to the board of supervisors for consideration: Proposed Revisions to Existino Industry Development Coordi- nator Job Description: Please find attached a copy of proposed revisions as submitted by June Wilmot. The committee approved an increase in the amount of $8,168.00 to be paid in increments of 1/3 (2722.00) at this time, retroactive to July 1, 1994) 1/3 ($2722.00) upon entering the Economic Development Institute; and 1/3 ($2724.00) upon graduation from EDI. Proposed Revisions to Assistant Coordinator Job Descrip- tion: Please find attached a copy of proposed revisions as submitted by June wilmot. This position will be held in obey- ance until Mrs. wilmot makes request for implementation. FINANCE COMMITTEE REPORT The Finance Committee met in the Personnel Conference Room on Tuesday, August 30, 1994 at 8:00 a.m. Present were: Commit- tee 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, and C. William Orndoff, Jr. Michael Janow and Harvey E. strawsnyder were present for a portion of the meeting. The agenda items are as follows: 072 The County Administrator Requests a General Fund Supplemental Appropriation in the Amount of $3.500 - Approved This is needed to increase EMS funding to North ire and Rescue. Additional local funds are needed. ttached memo. The committee recommends approval. Mountain See Upon motion made by James L. Longerbeam, seconded by Robert Sager, the above request was approved by the following ecorded 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 Concern Hotline. Inc. is Requests a General Fund Supplemental Appropriation in the Amount of $3.000 - Denied This amount represents a first-time donation to this gency. Additional local funds are needed. See attached memo. he committee does not recommend approval. The Shenandoah Vallev Independent Livinq Center Requests a General Fund Supplemental Appropriation in the Amount of $3.275 - Tabled This amount is requested to fund a program which would 'mplement specific services to help local governments comply ith ADA. Additional local funds are needed. See attached emo. This item has been tabled awaiting information concerning ther localities. A Board Member Requests a General Fund Supplemental Appro- priation in the Amount of $13.709.52 - Denied This amount represents the cost of offering health insur- nee benefits to the Board of Supervisors. Additional local unds are needed. See attached memo. The committee does not ecommend approval. The Sheriff Requests a General Fund Supplemental Appropria- tion in the Amount of $1.904.37 - Approved This amount represents a carry-forward of a recent forfei- ure. See attached memo. The committee recommends approval. Upon motion made by W. Harrington Smith, Jr., seconded by immie K. Ellington, numbers 5.6.7.8.9.10 were approved by the ollowing 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 The Sheriff Requests a General Fund Supplemental Appropria- tion in the Amount of $5.842.32 - Approved This amount represents an equitable Sharing check received rom the federal government and is requested to be placed in ine item 10-3102-5413-000-007 Forfeited Property/Surplus. No 73 additional local funds are necessary. See attached memo. The committee recommends approval. Upon motion made by W. Harrington Smith, Jr., seconded by Jimmie K. Ellington, the above 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 The Sheriff Requests a General Fund Suoolemental Aoorooria- tion in the Amount of $26.543.50 - Denied This amount represents monies received from the Sheriff's sale and is requested to be placed in line item 10-3102-3004- 000-002 Repair and Maintenance - Vehicle. No additional local funds are necessary. See attached memo. The committee does not recommend approval. Upon motion made by W. Harrington Smith, Jr., seconded by Jimmie K. Ellington, the above was denied 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 The Director of Public Works requests a General Fund Suoolemental Aoorooriation in the Amount of $11.500 - Al>proved This amount represents a carry-forward for Inspections (3401) with $3,000 needed for a new printer, $5,000 needed for part-time help, and $3,500 to replace a motor in a vehicle. See attached memo. The committee recommends approval. Upon motion made by W. Harrington smith, Jr., seconded by Jimmie K. Ellington, the above 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 The Director of Public Works Requests a General Fund Supplemental Aoorooriation in the Amount of $49.276.69 Aooroved This amount is requested to be a carry-forward. The request is needed to pay the final invoice on the street sign installation contract and to make repairs on various roads within the Road Administration budget (4102). See attached memo. The committee recommends approval. 74 Upon motion made by W. Harrington smith, Jr., seconded by Jimmie K. Ellington, the above 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 The Director of Public Works Reauests a General Fund Supplemental Appropriation in the Amount of $40.400 - Approved This amount is requested to be a carry-forward for various line items within the Engineering budget (4201). See attached memo. The committee recommends approval. Upon motion made by W. Harrington smith, Jr., seconded by Jimmie K. Ellington, the above 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 The Director of Public Works Reauests a General Fund Supplemental Appropriation in the Amount of $86.000 Denied This amount represents carry-forwards for various line items within the Refuse Collection budget (4203). $15,000 of this amount is requested to be transferred to the Animal Shelter budget (4305). See attached memo. The committee does not recommend approval. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, numbers 12.13.14.15.16.17.18.19. were 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 The Director of Public Works Reauests a General Fund Supplemental Appropriation in the Amount of $800 - Denied This amount is requested to be a carry-forward for repair and maintenance to the litter control vehicle. See attached memo. The committee does not recommend approval. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above request was denied by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye 075 James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye The Director of Public Works Reauests a General Fund Supplemental Appropriation in the Amount of $13.600 - Denied This amount represents carry-forwards for various line items within the Animal Shelter budget (4305). See attached memo. The committee does not recommend approval. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above request was denied 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 The Director of Public Works Reauests a Landfill Fund Supplemental Appropriation in the Amount of $326.364 - Approved With Condition This amount represents carry-forwards for various line items within the Landfill budget. See attached memo. The committee recommends approval on the condition that construction of the new maintenance building has already been approved by the Public Works Committee. Upon motion made by w. Harrington smith, Jr., seconded by Robert M. Sager, the above request was approved, with condition, 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 The Director of Public Works Reauests a Landfill Budqet Transfer in the Amount of $155.000 - Referred to the Public Works Committee This amount is needed to purchase a 963 track loader and a crawler/dozer through a lease/purchase agreement. No additional local funds are necessary. See attached memo. The committee recommends that this purchase go to the Public Works Committee for approval prior to coming to Finance Committee. The Director of Public Works Reauests a Landfill Budqet Transfer in the Amount of $350.000 - Approved This amount is expansion project. See attached memo. needed to cover the cost of the Landfill No additional local funds are necessary. The committee recommends approval. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above request was approved by the following recorded vote: 076 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 The Manaqer of Shawnee land Sanitary District Reauests a Shawnee land Fund Supplemental Appropriation in the Amount of $37.850 - Approved This amount is requested to be a carry-forward and repre- sents intended projects that were delayed during the 1993-94 budget year. See attached memo. The committee recommends approval. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above request 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 The Director of Planninq and Development Reauests a General Fund Supplemental Appropriation in the Amount of $422.58 Approved This amount represents a carry-forward and is made up of left-over monies in the Historic Plaque line item. See attached memo. The committee recommends approval. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above request 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 The Director of Planninq and Development Reauests a General Fund Supplemental Appropriation in the Amount of $9.000 - Approved This amount represents a carry-forward and is the county's share of matching funds toward the battlefield preservation program. See attached memo. The committee recommends approval. Upon motion made by W. Harrington smith, Jr., seconded by Robert M. Sager, the above request 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 077 The Director of Planninq and Development Reauests a General Fund Supplemental Appropriation in the Amount of $50.413 - Approved This amount is needed to implement Phase process. Additional local funds are needed. The committee recommends approval. II of the GIS See attached memo. Upon motion made by W. Harrington Smith, Jr., seconded by James L. Longerbeam, numbers 20.21.22.23.24.25. were 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 The Director of Parks and Recreation Requests a General Fund Supplemental Appropriation in the Amount of $97.204 Approved This amount represents carry-forwards for various line items within the Parks and Recreation budget. See attached memo. The committee recommends approval of this request minus l'S 2, 4, 5 & 7 of their memo for a total of $71,757. Upon motion made by W. Harrington Smith, Jr., seconded by James L. Longerbeam, the above recommendation 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 The Director of Parks and Recreation Requests a General Fund Supplemental Appropriation in the Amount of $171.323 Approved This amount represents the construction of the Sherando Area Pedestrian/Bicycle Facility and will be reimbursed to the County by the Federal Government (ISTEA). No additional local funds are necessary. See attached memo. The committee recom- mends approval. Upon motion made by W. Harrington smith, Jr., seconded by James L. Longerbeam, the above recommendation 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 The General Reqistrar Requests a General Fund Supplemental Appropriation in the Amount of ~4,696.69 - Approved This amount represents carry-forwards for various line items within the Registrar's budget. The General Registrar is also requesting a General Fund supplemental appropriation in the 078 amount of $1,934.99. This amount represents a carry-forward in the Electoral Board budget and is needed to make changes in the absentee ballot envelopes. The committee recommends the approv- al of $3,000 for the General Registrar to allocate where he sees fit. The committee recommends the approval of the requested amount for the Electoral Board. Upon motion made by W. Harrington smith, Jr., seconded by James L. Longerbeam, the above recommendation 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 The Finance Director Requests a General Fund Supplemental Appropriation in the Amount of $93.826.67. a Jail Fund Supplemental Appropriation in the Amount of $23.215.89. and a Landfill Fund Supplemental Appropriation in the Amount of $695.055 - Approved These amounts represent outstanding purchase orders on June 30, 1994. See attached list. The committee recommends approv- aL Upon motion made by W. Harrington Smith, Jr., seconded by James L. Longerbeam, the above recommendation 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 The School Finance Director Requests a School Fund Supple- mental Appropriation in the Amount of $1.820.601.37 - Approved Of this amount, $418,156.82 is for school operating/text- book and the remaining $1,402,444.55 is for school construction. These amounts represent outstanding purchase orders on June 30, 1994. See attached list. The committee recommends approval. Upon motion made by W. Harrington Smith, Jr., seconded by James L. Longerbeam, the above recommendation 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 The Superintendent of Schools Supplemental Appropriation in Approval of $16.652.67 Only Requests a School Fund the Amount of $126.159.17 Other Items Tabled This amount is requested to be a carry-forward. Of this amount, $12,500 is to go towards the cost of R. E. Aylor band uniforms, $16,652.67 for maintenance costs to Sherando High School, and $97,006.50 as a portion of the cost to replace the 079 boiler at Robinson Elementary School. See attached memo. The committee recommends the approval of the $16,652.67 only. The other items have been tabled until september when the School Board can come and explain these figures. The Office of the commissioner of Revenue Reauests a General Fund SUDDlemental ADDroDriation in the Amount of $15.000 to ReDlace a Vehicle with Hiqh Mileage and Various Mechanical Problems - ADDroved An actual dollar amount will be given by John Riley at the Finance Committee meeting. Additional local funds are needed. See attached memo. The committee recommends approval. Upon motion made by W. Harrington Smith, seconded by Robert M. Sager, numbers 27,28,30,31 were 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 The Director of Court Services Reauests a Court services Fund SupDlemental ADDroDriation in the Amount of $17.000 ApDroved This amount represents a carry-forward purchase a van for transportation purposes. The committee recommends approval. and is needed to See attached memo. Upon motion made by W. Harrington Smith, seconded by Robert M. Sager, the above recommendation 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 The Director of Economic DeveloDment Reauests a General Fund Supplemental ADDroDriation in the Amount of $24.965 ADproved Amount Already Expended for this Pro;ect - More Study Reauested on this Issue Before Further ExPenditures This amount represents funds to be reimbursed by the federal government for marketing the Telecommuting Center. No additional local funds are necessary. This item was tabled at the June Finance Committee meeting. See attached memo. The committee recommends the approval of only the amount already expended for this project. More study is needed on this issue. The Director of Economic DeveloDment Reauests a General Fund SUDDlemental ADDroDriation in the Amount of $750 ADDroved This amount represents a carry-forward and is needed to pay for an advertising bill that has not yet been received by EDC. See attached memo. The committee recommends approval. 80 Upon motion made by W. Harrington smith, seconded by Robert Sager, the above recommendation was approved by the following ecorded 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 The Director of Economic Development Reauests a General Fund Supplemental Appropriation in the Amount of $20.000 Approved This money represents carry-forward funds from 1991 through that have been reserved for EDC. The total funds that have een set aside equals $21,437.01. See attached memo. The ommittee recommends approval. Upon motion made by W. Harrington Smith, seconded by Robert Sager, the above recommendation was approved by the following ecorded 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 The Clerk of the Circuit Court Reauests a General Fund Supplemental Appropriation in the Amount of $11.082.17 Approved This amount represents a carry-forward and consists rant money received from the State. See attached memo. ommittee recommends approval. of The Upon motion made by W. Harrington Smith, Jr., seconded by ames L. Longerbeam numbers 32 and 33 were approved by the ollowing 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 Mr. Dick stated that he wanted to be sure that we are eimbursed for this from the City of Winchester, and he felt the state is mandating this, then they should be paying it, not the localities. The Actinq Manaqer for the Winchester Reqional Airport Reauests an Airport Capital Fund Supplemental Appropriation in the Amount of $3.342.483 - Approved This amount represents a carry-forward and is needed for rojects scheduled for 1993-94 but not started until the 1994-95 udget year. See attached memo. The committee recommends pproval. 081 Upon motion made by W. Harrington Smith, Jr., seconded by James L. Longerbeam, the above recommendation 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 **FOR INFORMATION ONLY** 1. Attached is information regarding revenue generated from and expenses generated by the Town of Middletown. 2. install Center. paid due Attached is an invoice that the County has paid to credit card terminals and printers in the Judicial This item was tabled at a previous meeting but has been to the urgency of needing the terminals. CAP IS PLACED ON COUNTY BUILDING COMPLEX PROJECT Upon motion made by W. Harrington smith, Jr., seconded by Robert M. Sager, that a cap of $6.5 million is the figure not to be exceeded on the county complex building project. 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 CITIZEN COMMENTS Mary Lou Koontz, Gainesboro District, appeared before the board and thanked the board members for choosing to keep the county offices downtown, even though other options were avail- able. She further stated that the board chairman had mentioned that he had wonderful things planned for downtown, she was not aware of what they were, but wondered if tearing down 9 Court Square was one of them. Mr. Dick replied no it did not, and the plans for 9 Court Square was for it to be turned into a Patsy Cline Opera House and music museum. Mrs. Koontz stated that she felt the condition of the building at 9 Court Square was deplorable and asked when was the last time any funds were spent on the building. 082 David Melton, Back Creek District, thanked the board for eeping the county offices downtown as he felt if the offices ere moved out of downtown this would have caused economic estruction of the heart of Winchester. He is opposed to the earing down of 9 Court Square and urged the board to reconsider his destructive policy. Ray Ewing, chairman of the county historic resources dvisory board, addressed the board and stated that the advisory oard would like to go on record opposing the destruction of 9 ourt Square and he presented recommendations from the board ith regard to the future of downtown Winchester. Katie Wisecarver, Shawnee District, stated that the county itizens will see themselves as locked out of an input process, hether or not that is the intent of moving "Public Input" to he end of the agenda, after board action has been taken. She urther addressed the verification of the petitions that were irculated by the "We Care Committee" to keep the offices owntown and was just informed that her signature was on the etition when in fact she was never for the county offices taying downtown. Had citizen comments been allowed prior to he board voting on this issue tonight, she could have asked the oard to go back and validate every signature on this petition s her signature is on there and it is not her signature. Mr. Dick stated that he had not seen one signature of the etition she was referring to and none had been presented to him s a board member. Ms. Wisecarver further stated that it was not her wish to ppear before the board of supervisors at 11 P.M. to speak when have already carried out their action. Mr. Smith asked the board members and also Mr. Riley if ither of them had seen the petition. Their reply was no. Charles Alton, representing Preservation of Historic inchester and resident of the City of Winchester addressed the oard and stated that Preservation of Historic Winchester elcomes the opportunity to discuss with the County the cost of 'L 083 reusing the buildings facades at 9 Court Square and methods of raising additional funds necessary to preserve these important parts of Frederick County's heritage. Kenneth Y. Stiles, stonewall District, stated that it is the board chairman's prerogative to set the agenda, but the board adopts the agenda and the board has the right to amend the agenda any way it sees fit before it votes in favor of the agenda. There was never anyone that was in attendance at any board meeting during the eight years that he served as chairman of the board who was not given the chance to speak, and this also applied during the time that Roger Koontz was chairman of the board of supervisors, an individual was never denied the opportunity to address the board regardless of whether it was a public hearing or not. He further stated that it was unconscio- nable for this board to take action on something as significant as an agreement with the City of Winchester with the impact that that agreement has without receiving pUblic input and public comment. He felt the agreement with the city will come to be seen as a sellout to the people of Frederick County. He felt the cost of building a 68,000 square foot building for 6.5 million will not happen as it will cost more than that to finish, and every board member knows that. He did not agree with the way the financing is being handled, nor did he agree that the pUblic bid process in order to have certain ones build the new county building. He further stated that keeping the county offices downtown will not save downtown Winchester. Roger Koontz, Gainesboro District, felt the board needed to look at exactly how much feet they need and he thought the school board should be taken out of the equation as he did not feel the school board offices should be moved downtown. BOARD OF SUPERVISORS COMMENTS Mr. Longerbeam stated that he did not want to come across as being abrupt about the saving of 9 Court Square as he under- stands this is important to some people, but he did not want individuals to get their expectations up, as this will be a very costly undertaking if it can be done at all from an engineering 084 standpoint. He felt that through this entire process of whether the county stayed downtown or went to the county has been as open as he felt it could have been made. From the very beginn- ing the county wanted the problem of annexation put behind them and stay downtown. If this had not been the case then there was no purpose in negotiating with the City whatsoever. Mr. Dick stated that there are six members of the board of supervisors, with the chairman having one vote and he didn't feel their was anyone sitting on the board that had had their arm twisted as far as getting a design-build situation, not on his part. He referred to a letter Mr. Riley had received from Bill Fuller of the Shenandoah Independent Living Council and the fact that he could not get into the building at 9 Court Square as he is handicapped and in a wheelchair. Mr. Dick stated that the county is not building a building just to be building, as they are under the gun from ADA and office space is needed for the people who work at 9 Court Square and the Clerk's Building and he intended to pursue all avenues to see that is done regardless of what he is accused of. Mr. Orndoff stated that he did not feel that he had been heard in these negotiations whatsoever. He stated that as far as the negotiations with the city of Winchester were concerned, all he had seen was what was negotiated between Mr. Longerbeam and Mr. Dick with the city, and he was not in agreement with the deals that were made, so he felt there were only five board members as far as he was concerned. Mr. Longerbeam stated that he did not feel this was true, as Mr. Orndoff had voted every time, he just voted the opposite way. Mr. Sager stated that the Board had made some difficult decisions at this meeting, and history will judge whether the decisions were right or wrong, and he felt the board has taken the responsible action that was needed and the county will move forward with the City in cooperation and partnership and he would like to see this begin as of now. 085 Mr. Orndoff asked Mr. Dick that in executive session he made the statement, you boys may listen to the you care group, but I be damned if I am, and he had taken a complete circle, and he asked Mr. Dick why. You were not going to stay down in the City of Winchester, no way shape or form, at that time, and you have completely done the opposite. Mr. Dick, stated that from day one annexation has been what he has been after and no one was going to change that, we care or anyone, he was not going to listen to them on annexation, I wanted to stay downtown and that was what was accomplished. UPON MOTION MADE BY ROBERT M. SAGER, SECONDED BY W. HARRINGTON SMITH, JR., THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. -~ ."_""",-d"",,>,,'_f~"~I"~