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December 14, 1994 Regular Meeting 126 A Regular Meeting of the Frederick county Board of Supervisors was held on December 14, 1994 at 6:30 P.M. at 6:00 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; (was not present at start of meeting) Robert M. Sager; Jimmie K. Ellington and Charles W. Orndoff, Sr. CALL TO ORDER The Chairman called the meeting to order. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the board retired into executive session in accordance with the Code of Virqinia, 1950, as amended, section 2.1-344, Subsection A(1) to discuss Personnel. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam -(Not Present at this Time) Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the board withdrew from executive session. This motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Jimmie K. Ellington, seconded by Robert M. Sager, the board reconvened into regular session and certified nothing other than what was noted as reason for going into executive session was discussed. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye 127 James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye INVOCATION The invocation was delivered by Reverend Carl R. Duncan, of the First united Methodist Church. ADOPTION OF AGENDA Mr. Riley requested the following items be added to the agenda: 1. Resolution honoring Handley High School Football Team. 2. Proclamation - Drunken Driving Prevention Month as proclaimed by both the County of Frederick and the City of winchester. Upon motion made by W. Harrington smith, Jr., seconded by James L. Longerbeam, the agenda was 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 CONSENT AGENDA Mr. Riley suggested the following tabs be approved under the consent agenda: 1. Handley High School Football Resolution. 2. Drunken Driving Prevention Proclamation; 3. Schedule Public Hearing Date for Planning commission Items - Tab C; 4. Subdivision Variance Request of M. willis White - Tab 0; 5. Road Resolutions: Lakeridge, section II, Jefferson Village, pioneer Heights, sections I & II - Tab T; 6. Parks and Recreation Commission Report - Tab U; 7. Public Works Committee Report - Tab V; 8. Code & Ordinance Committee Report - Tab Wi 9. Law Enforcement and Courts Committee Report - Tab X; 10. Finance Committee Report - Tab Z (all but number I). Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the consent agenda was approved, as noted above, by the following recorded vote: Richard G. Dick - Aye 128 W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye BUSINESS AWARD FOR DECEMBER. 1994 PRESENTED TO ZUCKERMAN COMPANY Mr. Orndoff presented the business award for December, 1994, to Zuckerman Company. Mr. Dick Williams was present on behalf of Zuckerman Company to accept the award. EMPLOYEE OF THE :MONTH AWARD FOR DECEMBER. 1994 PRESENTED TO WILLIAM: WALKER Mr. smith presented the employee of the month award for December, 1994 to William Walker, Firefighter, with the County Fire and Rescue Department. Department. Mr. Walker was present to accept his award. CITIZEN CO:MMENTS Cynthia Cornwell, Stonewall District, appeared before the board at which time she described the overall deteriorating conditions at the Stonewall Elementary School. She feels the county needs a new school, and is tired of this area of the county being at the bottom of the list, as far as what happens to the schools, and she is not in favor of the new school being moved to the site off of Route 7. Mike Webber, Stonewall District, has same concerns as Ms. Cornwell, Stonewall School needs to be replaced. Stated that the condition of Stonewall School was brought to the boards attention four years ago as well as two years ago. He is opposed to the plan that has been discussed of moving the school board downtown and utilizing that building for an elementary school. Phil Roby, Stonewall District, has student currently enrolled at Stonewall, feels there is overwhelming support for a new school in this area of the county, and he is definitely not in favor of moving the children to the Route 7 location. He feels the school board and the board members need to get togeth- er and get this situation worked out. 129 Mark sibert, parent, referred to the meeting held the evening before at stonewall School and the discussion that was held about whether to build or to renovate. He is not in favor of the location off of Route 7, nor the renovation to the old Kline School. Pat Gochenour, Shawnee District, referred to a copy of the county comprehensive plan and feels the development of rural areas within the county. She feels that all of the building and development that has taken place during the last five years has really created problems, especially with the increase in traffic and well as the overcrowding of certain county schools. She further stated that everyone needs to work together on this matter. Cathy Clevenger, Stonewall District, agrees with earlier comments and asked that the school board please do something immediately about the rodent problems at the school. Kim Dodd, spoke of what was said at the meeting held the evening before, feels parents can't wait any longer as the community needs a new school and everyone needs to work together to see that this is achieved. Paul Anderson, president, County Farm Bureau, addressed the cuts that have been mentioned on the state level with regard to the agriculture programs, requested that board members contact state representatives in an effort to get these funds reinstat- ed. Diane Ruckman, Stonewall District, feels the Stonewall Community needs a new school, is not in favor of moving students to the old Kline School. :MINUTES - APPROVED Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the minutes of the Regular meeting of September 14, 1994, Special Meeting of September 28, 1994, and Special Meeting of September 29, 1994, were approved as submit- ted by the following recorded vote: Richard G. Dick - Aye w. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye 130 Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye BRIGADIER GENERAL (RET.) GRANVILLE R. AMOS. NEW DIRECTOR OF THE WINCHESTER REGIONAL AIRPORT. INTRODUCED TO THE BOARD Mr. Longerbeam introduced the new director of the Winchester Regional Airport, Brigadier General (Ret.) Granville R. Amos. PRESIDENT OF LOCAL JAYCEES ADDRESSED THE BOARD Mr. Tom Aiken, president of the local Jaycees appeared before the board, at which time he presented to them a game the Jaycees had been sponsoring as a money making project, called "Frederick county-city of Winchester". Mr. Dick thanked Mr. Aiken for his gift to the board and for the Jaycees many contributions to the local area. RESOLUTION HONORING HANDLEY HIGH SCHOOL FOOTBALL TEAM: - APPROVED UNDER CONSENT AGENDA WHEREAS, John Handley High School won the Virginia State AA High School Football title in Gate city, Virginia on December 10, 1994; and WHEREAS, John Handley High School earned this title through hard work, dedication and true team spirit; and WHEREAS, John Handley High School is the only high school football team in Division AA to complete a perfect 14-0 season; and WHEREAS, John Handley High School accomplishments reflect pride and admiration from the community at large. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does extend its congratulations to John Handley High School Football Team for a job well done. RESOLVED this 14th day of December, 1994. TRACY DRUMHELLER. REPRESENTATIVE OF FREDERICK COUNTY SCHOOL COUNCIL AND STONEWALL PTO EXECUTIVE BOARD ADDRESSED THE BOARD RE: STONEWALL ELEMENTARY SCHOOL Tracy Drumheller, representing Council and Stonewall PTO Executive Board, appeared before the board and basically en- dorsed what had been said earlier under "citizen comment" with reference to what the citizens wanted and did not want concern- ing Stonewall School. Mr. Dick stated that about a year ago the board members went on a tour of all the schools in Frederick County, at which time they found the conditions at stonewall to be deplorable, which he had stated to the parents of Stonewall District at 131 other meetings. He further stated that there are also problems with Robinson School as well as Gainesboro. Mr. Dick further explained that the Board has only one obligation, or one thing they can do, and that is provide funding for the schools, and the school board has as their top priority an elementary school on Route 7, and this has been their top priority for several years. He referred to the meeting that was held last evening and stated that he felt it was held three years too late. The school board is the one that comes to the board with their priority list and the location on Route 7 is on their priority list. He further stated that the ball is sort of in the school boards court at this time. He did note that the board of supervisors is willing to work with the school board on this matter. Mr. Dick stated that had he known that the school board's priorities were going to change, he would never ever have voted a year and a half ago in favor of a million dollars to buy land on Route 7. He feels the school board needs to be held account- able for these sort of actions, because this is not the first time they have dropped the ball. Mr. Orndoff stated that he wanted to go on record at this time, as the representative from stonewall District, stating that he will support what has been said at this meeting as best he can. He is against spending any money on Kline before any money is spent in stonewall District or on Route 7 also. He will support the citizens decision. PUBLIC HEARING SCHEDULED FOR JANUARY 11. 1995 FOR PLANNING COMMISSION ITEMS - APPROVED UNDER CONSENT AGENDA COMMITTEE APPOINTMENTS - NO ACTION AT THIS TIME MEMORANDUM AND RESOLUTION RE: AWARD OF BID FOR FORMER PENNEY' S BUILDING DEMOLITION - APPROVED Mr. Riley presented this information to the board. Mr. Longerbeam asked about bonding for the contractor that would be doing the work. Mr. strawsnyder explained that rather than a bond a letter of credit was supplied. 132 Mr. Smith questioned the amount of time scheduled for this project. Following board discussion it was the consensus that a time limit of ninety days would be allowed for this project to be completed. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the following resolution was approved: BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby approve the demolition of the former J.C. Penney's building and Shenandoah valley Construction's bid of $134,744 to provide the demolition services of same. BE IT FURTHER RESOLVED, that said expenses are to be appropriated from Fund 83, Administration Building Capital project Fund. The above resolution was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye TO CONSIDER FOR ADOPTION THE PROPOSED RESOLUTION AUTHORIZ- ING AN AGREEMENT WITH THE CITY OF WINCHESTER. VIRGINIA AND F&M BANK - WINCHESTER - SAID AGREEMENT PROVIDES FOR: A. ACQUISITION OF TITLE TO THAT CERTAIN PARCEL OF LAND CONTAINING 9.990 SOUARE FEET. MORE OR LESS. DESIGNATED ON THE RECORDS OF THE OFFICE OF THE COMMISSIONER OF REVENUE OF THE CITY OF WINCHESTER. VIRGINIA AS TAX MAP 173-01-0-30 SITUATE ON THE WESTERN SIDE OF NORTH CAMERON STREET IN THE CITY OF WINCHESTER. VIRGINIA. FROM THE WINCHESTER PARKING AUTHORITY. B. CONVEYANCE OF THE AFOREMENTIONED PARCEL CONTAINING 9 . 990 SQUARE FEET. MORE OR LESS. SITUATE ON THE WESTERN SIDE OF NORTH CAMERON STREET IN THE CITY OF WINCHESTER. VIRGINIA TO F&M BANK - WINCHESTER C. TO DEMOLISH THE IMPROVEMENTS UPON AND THEREAFTER CONVEY TITLE TO THAT CERTAIN PARCEL OF LAND DESIGNATED AS 2-4-6 NORTH LOUDOUN STREET. CONTAINING 10.533.04 SOUARE FEET. LOCATED AT THE INTERSECTION OF THE LOUDOUN STREET MALL AND BOSCAWEN STREET IN THE CITY OF WINCHESTER. VIRGINIA. TO F&M Bank - WINCHESTER D. CONVEY UNTO F&M BANK - WINCHESTER THAT CERTAIN PARCEL OF LAND CONTAINING 31.692 SOUARE FEET. BEING MORE PARTICULARLY DESCRIBED AS TRACT 'B ' ON THAT CERTAIN PLAT DRAWN BY DOUGLAS C. LEGGE. L. S.. DATED NOVEMBER 11. 1994. SAID PARCEL BEING BOUNDED ON THE EAST BY NORTH CAMERON STREET. ON THE WEST BY THE LOUDOUN STREET MALL. AND ON THE SOUTH BY BOSCAWEN STREET IN THE CITY OF WINCHESTER. VIRGINIA. E. VWIf REDUEST. CONVEY THAT CERTAIN PARC~L OF LAND QN't'9 '&M BAN!: - WtNett!STD.. D!Bt~NAT!D AB 12-14 NORTH LOUDOUN STREET. 21-23 COURT SQUARE AND 20 NORTH LOUDOUN STREET. CONTAINING 14.811 SQUARE FEET. AND BEING MORE PARTICULARLY DESCRIBED AS TRACT "c" UPON 133 THAT CERTAIN PLAT DRAWN BY DOUGLAS C. LEGGE. L.S.. DATED NOVEMBER 11.1994. UNTO F&M BANK - WINCHESTER. IN LIEU OF CONVEYANCE. UPON DEMAND BY THE BANK. THE SUM OF $300.000.00 SHALL BE PAID UNTO THE BANK. F. ACOUIRE TITLE FROM F&M BANK - WINCHESTER TO THAT CERTAIN PARKING LOT SITUATE ON THE WESTERN SIDE OF NORTH KENT STREET ADJACENT TO THE COURTHOUSE ASSOCI- ATES BUILDING. IN THE CITY OF WINCHESTER. VIRGINIA. G. ACQUIRE TITLE FROM F&M BANK - WINCHESTER TO THAT CERTAIN PARKING LOT SITUATE ON THE EASTERN SIDE OF NORTH CAMERON STREET. IMMEDIATELY SOUTH OF THE PUBLIC SAFETY BUILDING. IN THE CITY OF WINCHESTER. VIRGINIA. H. CAUSE TO BE CONSTRUCTED A 68.000 SQUARE FOOT (MORE OF LESS) COUNTY ADMINISTRATIVE OFFICE BUILDING ON EITHER OR BOTH OF THE PROPERTIES REFERENCED IN SECTION F. AND G. ABOVE. AND TAKE ALL STEPS NECESSARY TO CAUSE COMPLETION OF THE BUILDING NOT LATER THAN JANUARY 1. 1997. Mr. Riley presented this information to the board as well as a brief slide presentation of the properties involved. Mr. Orndoff raised the question of the old county court- house and how much property would remain with the courthouse. Mr. Riley replied to the easement. Mr. Longerbeam stated that it was his understanding that we would have access for meetings etc., such as our board meeting scheduled for this evening. Mr. Mike Bryan, attorney for F&M Bank, was present and appeared before the board to explain various points. Mr. Donald W. Luttrell, Gainesboro District, appeared before the board to voice his disapproval of this transaction including the price the county paid for the Courthouse Associ- ates Building and the entire land swap with F&M Bank. Mr. Henry Beuttner, Gainesboro District, feels the old Clerks Building should be retained as well as the Plaza Parking Lot behind the Clerks Building. He is not in favor of the county picking up the tab, if F&M Bank winds up not wanting 9 Court Square. Mr. Mike Bryan explained what F&M Bank was willing, and prepared to do as far as this agreement is concerned. He explained about the restoration of 9 Court Square, noting that perhaps not all of it can be renovated. Mr. Bryan read from a prepared statement at this time, which explained what F&M Bank plans to do with regard to this entire matter. 134 Upon motion made by James L. Longerbeam, seconded by Robert M. Sager, the following resolution was approved: RESOLUTION AUTHORIZING AN AGREEMENT WITH THE CITY OF WINCHESTER AND F&M BANK - WINCHESTER WHEREAS, the Board of Supervisors deems it to be in the best interest of the citizens of Frederick county to enter into an agreement with the City of Winchester and F&M Bank Winchester to provide for the exchange of certain lands, and making of certain commitments. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Frederick County that the agreement dated the 9th day of November 1994 by and between F&M Bank - Winchester, the County of Frederick, and the City of Winchester be approved and author- ized in the form of the agreement attached hereto. BE IT FURTHER RESOLVED that the county administrator is authorized and directed to execute three original copies of the agreement, and to do all other things necessary to carry out the terms of the agreement. PASSED THIS 14TH DAY OF DECEMBER, 1994. Mr. Orndoff expressed concern about what would happen if F&M Bank should change their minds about taking 9 Court Square, and this land becoming landlocked. Mr. Bryan stated that he felt F&M Bank is a good neighbor and this would not happen. Mr. Orndoff stated that he wanted the agreement to state that F&M Bank would not back out of the agreement. Mr. Bryan stated that he would initial on the agreement (as being okay with F&M Bank) waiving the dates, as they are cur- rently noted, as far as the demolition of the J.C. penney's Building is concerned. The above resolution was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Nay Charles W. Orndoff, Sr. - Nay TO CONSIDER FOR ADOPTION THE PROPOSED RESOLUTION AllEN'DING THE VOLUNTARY SETTLEMENT AGREEMENT BETWEEN THE COUNTY OF FREDERICK AND THE CITY OF WINCHESTER. VIRGINIA - APPROVED Upon motion made by James L. Longerbeam, seconded by W. Harrington Smith, Jr., the above resolution was approved by the . following recorded vote: (a copy of this agreement is on file in the office of the county administrator) Richard G. Dick - Aye 1\ 135 w. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Nay TO CONSIDER FOR ADOPTION THE PROPOSED RESOLUTION APPROVING AN AGREEMENT WIT THE CITY OF WINCHESTER. VIRGINIA AND THE WINCHESTER PARKING AUTHORITY. FOR USE OF PARKING FACILITIES BY THE COUNTY OF FREDERICK. VIRGINIA - TABLED Mr. Riley requested that this be tabled. RESOLUTION OF THE FREDERICK COUNTY BOARD OF SUPERVISORS AUTHORIZING THE T.F.A!';1!: FINANCING OF CERTAIN COUNTY FACILI- TIES. RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY AUTHORIZING THE ISSUANCE OF LEASE REVENUE BONDS (FREDERICK COUNTY GOVERNMENT COMPLEX FACILITIES) SERIES 1994 Mr. Riley explained to the board about the double A rating that the board had received and that the interest rate had come in at 6.8%. Bonnie France, representing McGuire, Woods, Battle and Boothe Law Firm, appeared before the Board at which time she introduced David Rose with Wheat First Securities who has been handling the sale of the bonds for the county. Mr. Rose ex- plained the process involved in order for the county to secure the bonding for this purchase. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the following Lease Financing Resolution was approved: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA, AUTHORIZING THE LEASE FINANCING OF CERTAIN COUNTY FACILITIES The County of Frederick, Virginia ("County") has determined that it is necessary and advisable to undertake the acquisition, construction and equipping of certain facilities consisting primarily of County government complex facilities (the " Project") and to obtain financing for the Project through lease revenue bonds in the maximum principal amount of $8,250,000 ("Bonds") to be issued by the Industrial Development Authority of the County of Frederick, Virginia ("Authority"). The Bonds will be payable solely from the revenues derived by the Authori- ty from the Financing Lease from the Authority to the County ("Financing Lease") pursuant to which the Authority will lease the Project to the County and the County agrees to make rental payments, subject to annual appropriation, sufficient to pay the principal of and interest on the Bonds. The Bonds will be issued pursuant to the following docu- ments: (i) Indenture of Trust between the Authority and a trustee to be selected by the County Administrator ("Trustee"); (ii) Financing Lease; (iii) Option Agreement between the Author- ity and the County; (iv) Deed of Trust from the county to the individual trustees named therein, as trustees; (v) Assiqnment of Rents and Leases between the Authority and the Trustee; (vi) Preliminary Official Statement and Official Statement with respect to the issuance and sale of the Bonds; and (vii) Bond Purchase Agreement among Wheat, First Securities, Inc. 136 ("Underwriter"), the County and the Authority. All of the documents listed above, except the Bonds, the Preliminary Official statement and the Official statement are referred to in this Resolution as the "Basic Documents." NOW, THEREFORE, BE IT RESOLVED BY TIlE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. Issuance of Bonds. The County requests the Authority to issue its Bonds in the maximum amount of $8,250,000 to be paid from revenues derived from payments made by the County pursuant to the Financing Lease. 2. Authorization of Financina Documents. The Bonds and the Basic Documents are approved in substantially the forms on file with the County Administrator, with such changes insertions or omissions (including , without limitation, changes of the dates thereof) as may be approved by the Chairman of the Board of Supervisors or the County Administrator, whose approval shall be evidenced conclusively by the execution and delivery of the Basic Documents to which the County is a party. The execution and delivery of and performance by the County under the Bonds and the Basic Documents to which it is a party are authorized. 3. Execution of Documents. The Chairman and Vice Chair- man of the Board of Supervisors and the County Administrator, or any of them, are authorized to execute on behalf of the County the Basic Documents to which the County is a party, and, if required, the County Administrator is authorized and directed to affix or to cause to be affixed the seal of the County to the Basic Documents and to attest such seal. Such officers or their designees are authorized to execute and deliver on behalf of the County such instruments, documents or certificates, and to do and perform such things and acts, as they shall deem necessary or appropriate to carry out the transactions authorized by this Resolution or contemplated by the Basic Documents; and all of the foregoing, previously done or performed by such officers or agents of the county, are in all respects approved, ratified, and confirmed. 4. Sale of Bonds. The County Administrator and the Chairman of the Board of Supervisors or either of them, is authorized and directed to consent to the terms of the sale of the Bonds by the Authority to the Underwriter and to execute and deliver the Bond Purchase Agreement, provided that (i) the true interest cost of the Bonds shall not exceed 9 percent, (ii) the aggregate principal amount of the Bonds shall not exceed $8,250,000 (iii) the sale price of the Bonds to the Underwriter shall not be less than 97 percent of the aggregate principal amount thereof (not taking into account any original issue discount) and (iv) the final maturity of the Bonds shall not be later than 25 years from their date. The approval of such officers shall be evidenced conclusively by the execution and delivery of the Bond Purchase Agreement. 5. Approval of Official Statement. The Official State- ment with respect to the issuance and sale of the Bonds is hereby approved in substantially the form of the Preliminary Official Statement on file with the County Administrator. The distribution of the Preliminary Official Statement and the Official Statement is approved. The County Administrator is authorized to deem the preliminary Official Statement "final" for purposes of Securities and Exchange Commission Rule 15c2-12. 6. Nature of Obliaations. Nothing in this Resolution, the Bonds or the Basic Documents shall constitute a debt of the county and the Authority shall not be obligated to make any payments unaer the Bonas or the Basic Documents except from payments made by or on behalf of the County under the Finanoing Lease. The County Administrator is directed to submit for each fiscal year a request to the Board of Supervisors for an appro- priation to the Authority for an amount equal to the rental 137 payments coming due under the Financing Lease for the next fiscal year. The County's obligations to make payments to the Authority pursuant to this resolution shall be subject to and dependent upon annual appropriations being made from time to time by the Board of Supervisors for such purpose. Nothing in this Resolution, the Bonds or the Financing Lease shall consti- tute a pledge of the full faith and credit of the County beyond the constitutionally permitted annual appropriations. 7. Desianation. The Board of Supervisors requests the Authority to designate the Bonds as "qualified tax-exempt obligations" eligible for the exception from the disallowance of the deduction of interest by financial institutions allocable to the cost of carrying tax, exempt obligations in accordance with the provisions of Section 265(b) (3) of the Internal Revenue Code of 1986, as amended. The Board of Supervisors does not reason- ably anticipate that it and any subordinate issuers will issue more than $10,000,000 in qualified tax-exempt obligations during calendar year 1994 and the Board of Supervisors will not desig- nate more than $10,000,000 of qualified tax-exempt obligations pursuant to such Section 265(b) (3). 8. Effective Date. immediately. This Resolution shall take effect The undersigned certifies that the foregoing resolution was duly adopted at a meeting of the Board of Supervisors of the County duly called and held on December 14, 1994. Upon motion made by W. Harrington smith, Jr., seconded by Robert M. Sager, the above resolution was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, S,r.. - Aye Mr. Orndoff inquired about the dollar amount in this resolution, that was being borrowed, rather than the original 6.5 million that had been stated as the amount that would be borrowed in the beginning. Mr. Riley explained how this would work as did Mr. Rose and in doing so noted this 'would not affect the twenty year pay- ments. MEMORANDUM AND RESOLUTION RE: MEMORANDUM OF UNDERSTANDING - JOINT AGREEMENTS - APPROVED Mr. Riley discussed this with the board, at which time they expressed some concern about how the reporting system would work, and the importance on them knowing what was being done in this area of operation. MEMORANDUM OF UNDERSl'ANDIN<; FREDERICK COUNTY AND CITY OF WINCHESTER JOINT AGREEMENTS I. PURPOSE 138 The County of Frederick (herein referred to as "County") and the City of Winchester (herein referred to as "City") are entering into this Memorandum of Understanding (MOU) to serve as an agreement, based upon the recommendation of the County and City Joint Finance committee, and adopted by resolution by the County Board of supervisors in regular session on 1994, and the City Common Council in regular session on ., 1994, to determine the structure and funding of all joint projects. II. GENERAL CONCEPTS The following general concepts for all the joint funded projects will apply: (1) City and County will agree to entire contents of this memorandum for understanding, not just portions. (2) Funding will be determined by usage when available. Usage will be determined by the prior calendar year data for estimates and revised to the prior fiscal year when data is available. When usage is not available, funding shall be based on population, using the most recent data available from the Cooper Center for Public Service, University of Virginia. (3) Representation will be determined by population or usage and changes will be made as current terms expire. A Joint Finance Committee, representing two members from both the City Finance Committee and County Finance Committee, will oversee that represen- tation is based on relationship to funding. (4) Budgets will be reviewed by the Joint Finance Commit- tee with the program managers prior to budget ses- sions. Budgets will be submitted at present level and any increases will be separate and/or approved on a case by case basis. Funding will be determined by agreed formulas as outlined in Section III of this MOU. Either jurisdiction may elect to keep funding for a program at the existing level or reduce it. When this occurs, the other jurisdiction has the right to reduce funding on a proportional basis or provide supplemen- tal funding on a non-matching basis, as it desires. (5) Fiscal agents will remain the same at this time with no assessed fee. However, if the fiscal agent rela- tionships do change, the Joint Finance Committee will analyze the funding impact to the new fiscal agent for that function. (6) Capital projects and funding will be considered for approval by the Joint Finance Committee on a case by case basis. Funding will also be determined by usage or population. (7) All joint funded budgets will be approved once a resolution has been adopted by both the City and County approving same. (8) All agreements shall be effective July 1, 1994 and retroactive to the beginning of the 1994-1995 budget. New board/committee appointments shall be effective November 1994. (~) Joint aqencies tunaea by the city ana County refer other agencies seeking funds to the Finance Committee and not fund them directly. liha 11 ,joint 139 (10) Each fiscal agent shall prepare a quarterly report indicating each account's and fund I s status as fol- lows: o Beginning cash balance; o Revenues by source (each local jurisdiction's state and/or federal funds, other major sources and, miscellaneous income if less than $10,000 per month); o Expenditures by category (personnel, contractual, commodity, and capital); and o Ending receive project cash balance. Each jurisdiction shall a report of line transactions for each on an annual basis. (11) The relocation of off ices and/ or facilities or the establishment of additional offices and/or facilities of any of the joint projects shall be approved in advance by the governing body of each participating jurisdiction; the use of facilities, equipment and/or personnel financed with funds from a joint project shall be restricted to those programs funded; and use of these items for other purposes shall require approval by both jurisdictions and compensation from the using jurisdiction; and quarterly basis to the participating localities. (12) This MOU will supersede all existing agreements effec- tive July 1, 1994. Separate agreements will be devel- oped and existing agreements will be revised to reflect the MOU as necessary. The city and county will honor all changes made until the new agreements, state action, regional approvals, etc. are completed and approved. The City and County attorneys shall prepare necessary documents to implement this MOU. III. AGREEMENTS A. DE'l'OX 1. Fundinq: Will be determined by usage. calendar year statistics were used funding for on-going budget preparations. 1994-1995 usage will be as follows: The previous to determine Fiscal Year City - 78.86% County - 21. 32% 2. Reoresentation: No formal committee will be formed. Presently one County and City representative is ap- pointed to serve on the Community Corrections Resourc- es Board and one County and City representative is ap- pointed to serve on the ASAP Policy Board. B. JUDICIAL CENTER 1. Fundinq: Funding will remain the same with 50% funded by the County and 50% funded by the city. 2. Reoresentation: Not necessary at this time. C. JAIL 1. Fundinq: Funding formula I s will remain the same at this time due to funding for this budget is self-sus- taining. It it 16 aeterminea that participating localities will need to contribute local funds for this project, the Joint Finance Committee will review the jail budget and determine funding formulas and 140 Jail Board representation for each locality based on usage. 2. Representation: No change to current membership as outlined in the Clarke-Frederick-Winchester Regional Jail Agreement dated October 20, 1987, and the amend- ments thereto. Any changes will be directed to the jail board's attorney and enacted upon accordingly. D. SERVICE AUTHORITY 1. Fundina: will be determined by usage. 2. Representation: City representation will increase based on usage. Representation will change to add two City representatives (and will change as terms ex- pire). Currentlv Proposed 3 - City 3 - county 1 - Joint 5 - City 3 - County 1 - Joint E. LIBRARY 1. Fundina: will be determined by usage. The previous calendar year (1993) statistics were used to determine funding for on-going budget preparations. The li- brary's FY 1994-1995 budget for $632,249 will be used as the baseline for future budget request. Final allocations will be based on fiscal year 1993-1994 statistics as follows: Frederick - 52.6% Winchester - 34.4% Clarke - 13.0% $ 332,563 217,494 82,192 TOTAL $ 632,249 2. Representation: County representation will increase based on usage and will change as current terms expire as follows: Current Proposed 5 - City 3 - County 1 Clarke 4 - City 5 - county 1 Clarke F. LANDFILL 1. Fundina: will be determined by usage (tonnage). 2. Representation: be established follows: An Oversite Advisory Committee will and composed of representation as 3 - City 3 - county 1 - Clarke The County's Public Works Director will direct the landfill operations and advise the committee. A resolution must be adopted by each jurisdiction approving increases/decreases in tonnage rates and acquisition/disposition of real estate. G. CENTRAL DISPATCH AND E-911 The County and City will authorize Bell Atlantic to begin the immediate upgrade of the current central dispatch system to an enhanced 911 system. Staff will prepare cost estimates for a 14 1 new central dispatch center to be located in the basement of Frederick Winchester Judicial Center. until such time the following will apply to this joint venture: 1. Fundina: Central Dis~atch: 50% funded by police (45% - City and 5% - county) and 50% funding by fire and rescue (25% - City and 25% - County). At such time when the Frederick County Sheriff I s department is included in this configuration, funding will be changed to reflect usage. ~: Initial Operations and Fixed Assets 50% funded by City and 50% funded by County. After the new system is in operation, charges will be based on usage. 2. Reoresentation: be established follows: An Oversight Advisory Committee will and composed of representation as 3 - City 3 - County 1 - At-Large Appointed Jointly The City's Director of Central Dispatch/E911 will direct the Central Dispatch/E911 functions and advise the committee. The committee will serve as an adviso- ry body to the public safety members who provide emergency services to Frederick/winchester. H. FIRE AND RESCUE/MUTUAL AID The county has adopted a plan to upgrade county services in order to reduce the number of f ire and rescue responses made into the county by city units. Advanced Life support Medical Services have been identified as the highest priority service upgrade needed. The County authorized the implementation of two advanced life support rapid response units to be staffed on a 24 hour basis. One unit will operate from the Gainesboro Fire station to service Western Frederick County and the second unit will operate from the Greenwood Fire station to service the north and east regions of the county. The southern sections of the county will be serviced with existing resources. The City will not furnish to the County primary aerial ladder truck service beginning in January, 1998. The Joint Finance Committee shall review service deficits on an annual basis. If data for a particular service reflects a deficit in excess of 10 percent, the receiving jurisdiction shall take actions necessary to reduce it. I. ECONOMIC DEVELOPMENT 1. Fundina: will be determined by population. FY 1994-1995 budget $439,238 will be used as the baseline for future budget request. For FY 1994-1995, the funding formula will be as follows: City - $138,400 ( 31. 5 Percent) county - $300,838 (68.5 Percent) 2. Reoresentation: County representation will increase based on population. Representation will change to add two County representatives and the City will remove two members and will be done as current terms expire as follows: Currentlv Proposed 3 - City 3 - City 142 3 - county 1 - Joint 5 - County 1 - Joint J. AIRPORT 1. Fundina: will be based on population. Funding will be as follows: . Past Deficits: 50/50; operating 40% - City. capital costs will be split will be split 60% - County and . FY 1994-1995 Budget: Operational and capital will be funded 68.5% - County and 31.5% - city. 2. Representation: County representation will increase based on population. Representation will change to add two County representatives and will be done as current terms expire as follows: 2 - City 2 - County 3 - Other Proposed (6/30/95) 2 - City 4 - county 3 - Other Current Iv CITY OF WINCHESTER COUNTY OF FREDERICK Gary W. Chrisman Mayor,Winchester Common council Richard G. Dick Chairman, Frederick County Board of Supervisors Edwin C. Daley Manager John R. Riley, Jr. County Administrator Upon motion made by W. Harrington smith, Jr., seconded by Jimmie K. Ellington, the above resolution was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye Mr. Dick stated that he was interested in seeing an Advisory Committee established for the Judicial Center. Mr. Smith requested that the minutes show that this agree- IDent was approved at 8:53 P.M. on this date. JOINT RESOLUTION OF THE COUNTIES OF CLARKE. FREDERICK. SHENANDOAH AND WARREN . THE CITY OF WINCHESTER AND THE WINCHESTER REGIONAL AIRPORT AUTHORITY - APPROVED Upon motion made by Robert M. Sager, seconded by Jimmie K. Ellington, approval is hereby given for the Joint Resolution of 143 the Counties of Clarke, Frederick, Shenandoah and Warren, the City of Winchester and the winchester Regional Airport Authority requesting an amendment of the Membership of the Winchester Regional Airport Authority. 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 RESOLUTION APPROVING APPROPRIATION OF FUNDS FOR CAPITALIZED INTERESTS - HEW COUNTY OFFICE FACILITY - APPROVED On motion duly made by James L. Longerbeam, seconded by W. Harrington Smith, Jr., and upon the votes hereafter recorded, it is hereby RESOLVED that the sum of $250,000 be and hereby is appropriated from fund 83-1225 for payment of capitalized interests associated with the financing of the county's new office facility. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye BOARD RECESSED FOR FIVE MINUTES Planning commission Business: Public Hearing: CONDITIONAL USE PERMIT #009-94 OF ROBIN G. DASSLER FOR A DOG KENNEL LOCATED IN THE GAINESBORO DISTRICT AND IDENTI- FIED AS PIN #28-A-155. THE DIRECTIONS TO THIS PROPERTY ARE AS FOLLOWS: FROM NORTHWESTERN PIKE (ROUTE 50 W). PROCEED EIGHT MILES PAST WINCHESTER MEDICAL CENTER. THIS PROPERTY IS LOCATED BELOW THE NORTH MOUNTAIN TRUCK STOP - APPROVED Mr. Wayne Miller, zoning administrator, presented this request to the board, noting that staff and planning commission recommended approval with conditions. There was no public input. Upon motion made by Jimmie K. Ellington, seconded by W. Harrington Smith, Jr., the above conditional use permit #28 -A-155 was approved as presented by the following recorded vote: 144 Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye CONDITIONAL USE PERMIT #011-94 OF JOSEPH EDMISTON FOR A DOG KENNEL LOCATED IN THE BACK CREEK DISTRICT AND IDENTIFIED AS PIN #52-A-232. THE DIRECTIONS TO THIS PROPERTY ARE AS FOLLOWS: FROM NORTHWESTERN PIKE (ROUTE 50 W). TURN LEFT ON ROUND HILL ROAD (ROUTE 803). AND PROCEED 1/2 MILE - DENIED Mr. Miller presented this request to the board noting that staff and planning commission recommended denial. The board discussed with Mr. Edmiston exactly what his present plans, as well as his future plans, are for the kennel. Edward Kerns, neighbor, told the board he had no problem with this being a kennel. Genvieve Rowe, neighbor, no complaints either with this being a kennel. Mary Nelson, is very much opposed to this becoming a kennel as it would be approximately 215 feet from her fence. Dennis Pennington has called in the past to report that the dog waste has been allowed to pile up. Ronnie Shipman, hears dogs barking all of the time. The smell is bad and he feels all of this will depreciate his property. Ernest Shipman, told of times he has visited, his son Ronnie, dogs were barking all the time, feels this application should be denied. Richard Nelson, told of barking dogs and how bad it has been. Daniel Williamson, told of how the dogs were disturbing to his grandmother, who is elderly. Sandy Pennington, described the noise of the barking dogs and how she had been affected by this because of the close proximity of her property. She also played a tape of the dogs barking at this location on an evening between 7:30 and 8:00 P.M. Laura ~amieton etatea to the aoara that ehe ie home twen- ty-four hours a day, as she baby sits, and she disagreed with what the neighbors had to say concerning the barking dogs. 145 stephen Moreland, Laura's stepfather, stated that he too disagreed with the neighbors as he has not witnessed this noise during the time he has been at Laura's home. Joseph Edmiston stated that he is not aware of any com- plaints about the barking dogs since putting them in the garage on September 10. Mr. Longerbeam explained that he had visited the site and in doing so feels this is not a suitable area for a dog kennel, therefore he moved to deny the request. Mr. Sager seconded the motion. The above conditional use permit request #011-94 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 REZONING APPLICATION #006-94 OF FREDERICK MALL LAND TRUST/JAMES T. ANDERSON TO REZONE 16.08 ACRES FOR A 30 LOT RESIDENTIAL SUBDIVISION LOCATED JUST WEST OF GREENWOOD ROAD (ROUTE 656) AND SOUTH OF SENSENY ROAD (ROUTE 657) AND IS IDENTIFIED AS PIN 55-A-195. IN THE SHAWNEE DISTRICT - APPROVED Mr. Kris Tierney, assistant planning director, presented this to the board noting that staff and planning commission recommended approval. Mr. Harry Benham III, local attorney, appeared before the board on behalf of the petitioner. Mr. Sager stated that he had concerns about the additional traffic this subdivision would create Pat Gochenour, resident of Shawnee District, is opposed to this rezoning. The increase in traffic in the area over the years, due to other rezonings being approved and the already over crowded conditions at Senseny Road, felt this should be denied. Dick Crane, resident of Glenmont Village, read from a prepared statement opposing this request due to the already over crowded roads as this will only make them worse. Mr. Smith explained that VDOT, in the very near future, will be reconstructing the intersection of Senseny Road and 146 Greenwood Road, which will help with traffic flow in this area, and some of the proffer funds from this request would be going to the County Parks and Recreation Department. Upon motion made by W. Harrington Smith, Jr., seconded by Jimmie K. Ellington, rezoning application #007-94 was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye REZONING APPLICATION #007-94 OF FREDERICK MALL LARD TRUST TO REZONE THREE ACRES FROM RA (RURAL AREA) TO RP (RESIDEN- TIAL PERFORMANCE). THIS PROPERTY IS LOCATED WEST OF GREENWOOD ROAD (ROUTE 636). ON THE SOUTH SIDE OF SENSEHY ROAD (ROUTE 657). AND IS IDENTIFIED AS PIN 54-A-125A IN THE SHAWNEE DISTRICT - APPROVED Mr. Harry Benham III, local attorney, appeared before the board and explained why this was being requested in two tracts. Mr. Dick Crane, appeared before the board stating that he a~rees with two parcels, but he feels a turn lane is needed now, and not later. Upon motion made by W. Harrington Smith, Jr., seconded by Jimmie K. Ellington, rezoning application #007-94 of Frederick Mall Land Trust was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye AN AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 165. ZONING: ARTICLE XIV. FLOODPLAIN DISTRICTS. SECTION 165-106F. USE LIMITATIONS: REOUIRED APPROVALS. TO ALLOW RECREATIONAL VEHICLES IN FLOODPLAIN DISTRICTS. W WITH PERFORMANCE STANDARDS - APPROVED Mr. Wayne Miller presented this amendment to the board. There was no public input. Upon motion made by Robert M. Sager, seconded by Jimmie K. Ellington, the amendment as noted to Chapter 165, zoning was approved as presented by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Saqer - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye 147 MASTER DEVELOPMENT PLAN - SARATOGA MEADOWS - APPROVED Mr. Tierney presented this request to the board noting that staff and planning commission recommended approval. Upon motion made by W. Harrington Smith, Jr.., seconded by Jimmie K. Ellington, Master Development Plan - Saratoga Meadows was approved as presented by the following recorded vote: Richard G. Dick - Aye w. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye REVISED PRELIMINARY MASTER DEVELOPMENT PLAN - WESTMINSTER CANTERBURY - APPROVED Mr. Tierney presented this request to the board. Upon motion made by Jimmie K. Ellington, seconded by w. Harrington smith, Jr., revised preliminary Master Development Plan of Westminster Canterbury was approved as presented by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye SUBDIVISION VARIANCE REQUEST OF M. WILLIS WHITE - APPROVED UNDER CONSENT AGENDA PROPOSED MAINTENANCE HANGER/OFFICE SPACE AT THE WINCHESTER REGIONAL AIRPORT - RECEIVED AS INFORMATION Mr. Michael Kane of Delta Airport Consultants presented this information to the board. COMPLETION OF CORRIDOR STUDY REPORT - BOARD ENDORSES REPORT AS PRESENTED Upon motion made by Robert M. Sager, seconded by James L. Longerbeam the board endorsed the Corridor Study Report as presented by the Planning Department 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 CORRIDO~ ft YJBGINIA S;ITIZENS ADVISORY COMMITTEE REOqEST FOR SUPPORT OP PROPOSAL TO DESIGNATE ROUTE !5!5 AS A VIRGINIA BYWAY - DENIED 48 Mr. Tierney presented this request and information to the board noting that the planning commission did not feel this should be endorsed. Mr. Smith stated that he was not in favor of endorsing this. Upon motion made by Robert M. Sager, seconded by W. Harrington smith, Jr., to deny the request of Corridor H Virgin- la citizens Advisory Committee for endorsement of their proposal to designate Route 55 as a virginia Byway 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 CORRIDOR H VIRGINIA CITIZENS ADVISORY COMMITTEE FORMED TO STUDY THE WEST VIRGINIA CORRIDOR H PROPOSALS ISSUES FINAL RECOMMENDATIONS CONCERNING CORRIDOR H. RECEIVED AS INFORMA- TION ONLY ROAD RESOLUTIONS: LAKERIDGE. SECTION II. JEFFERSON VILLAGE. PIONEER HEIGHTS. SECTION I & II - APPROVED UNDER CONSENT AGENDA PARKS AND RECREATION COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on November 29, 1994. Members present were: Robert Roper, Charles sandy, Cheryl Swartz, Timothy Hockman, William Eyles, Robert Hartman, Carmen Rio, Jimmie Ellington Submitted for Board Information Onlv: I. Cosponsor Youth Fee Waiver Request - Consistent with the direction of the Board of Supervisors regarding the waiving of field use fees for youth cosponsored leagues, Mr. Sandy moved that youth fees be waived for the two county little league programs and the Blue Ridge Youth Soccer Association, carried unanimously (7-0). 2. 1995-96 Budget Request - Mr. Sandy moved to accept the department's proposed FY 1995-96 operating budget of $1,077,031, seconded by Mr. Hartman, carried unanimously (7-0). Mr. Hockman moved to accept the department's capital request of $183,809 as amended seconded by Mr. Harman, carried unanimously (7-0) PUBLIC WORKS COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Tuesday, December 6, 1994, at 7:30 a.m. Present were board members Charles W. Orndoff, Sr. and W. Harrington smith, Jr., committee members Karen Kober, Dudley Rinker and Jim Wilson; County Administrator, John Riley, ~r., Director of Public Works, Harvey E. Strawsnyder, Jr., P.E., and Landfill Manager, Steve Frye, and Engineering Technician, Joe Wilder. 149 The following items were discussed and required action: 1. Demolition of J.C. pennev's Buildina The recent bids for the demolition of the J. C. Penney's Building were presented by the Director of Public Works. There were four (4) bids with a low bid of $134,744 submitted by Shenandoah Valley Construction. A preconstruct ion meeting was held on Friday, December 2, 1994, with representatives from Shenandoah Valley Construc- tion to review the scope of work and discuss insurance and bonding requirements. Based on this discussion, it appears that this company can perform the intended demolition and provide the necessary insurance and bonding. Consequently, a motion was made by W. Harrington smith, Jr. and seconded by Dudley Rinker to approve the low bid. This motion was unanimously approved by the committee. (see Attachment 1) 2. Permit Fee Reduction A request by the County Building Official to reduce the permit fee per square foot for storage warehouses was presented by the Public Works Director. Basically, the Inspec- tions Department is requesting that the per square foot cost be reduced from $0.10 to $0.06 for each square foot above 250,000. The attached memorandum from the building official explains this change in detail. A motion was made by Dudley Rinker and seconded by Jim Wilson to adopt the recommended change. The motion was unani- mously approved by the committee. (See attachment 2) The following items did not require action and was submit- ted for the boards information only. 1. Meetina Date for Review of Tippina Fee Increases A tentative meeting date of December 20, 1994, at 7:00 a.m. was established for the committee and Board of Supervisors to review the proposed tipping fee increases. The meeting will be held at the landfill. The Director of Public Works was tasked with the responsibility of notifying each board member. 2. Fiscal Year 1995/1996 Budaet Review A budget package including eleven (11) individual budgets was submitted by the Director of Public Works for the committee's review and approval. The proposed pUblic Works budget represents a cumulative reduction of $210,583 from the current FY 94/95 budget. After a detailed discussion of each individual budget contained in the package, a motion was made by W. Harrington Smith, Jr. and seconded by Dudley Rinker to approve the budget as submitted. The motion was unanimously approved by the committee. 3. Miscellaneous Reports Miscellaneous reports were presented to the committee and are attached for the board's information. CODE AND ORDINANCE COMMITTEE REPORT - APPROVED UNDER. CONSENT AGENDA The Code and Ordinance Committee met on Monday, December 5, 1994, 4:00 P.M. in the Conference Room of 107 North Kent Street. Present were chairman of the committee Jimmie K. Ellington, 150 committee members Robert M. Sager, Patricia F. Scheder, Stephen G. Butler and Susan L. French. Also present were Board of Supervisor's Chairman Richard G. Dick, Commonwealth's Attorney Lawrence R. Ambrogi, Sheriff Robert T. Williamson, Representa- tive of McFarland Mill Family Business, Frank Spurr, Stan Zuckerman and County Administrator John R. Riley, Jr. The committee submits the following: Ita. ReauirinG Action Discussion of Shenandoah County and Designation of IIMiss utilitv of Marvland " to Virainia The county administrator presented the attached resolution from Shenandoah County and asked for the committee's endorse- ment. The committee was further advised that the Lord Fairfax Planning District Commission had also taken action to endorse this resolution. The committee recommends approval. (See Attached) Non Action Items citizen Noise Comclaint Mr. Frank Spurr appeared before the committee and supplied the attached supporting documentation of loud noise being created by his neighbor through indiscriminate automatic and semi-automatic small arms fire, operating a portable generator and playing loud music all hours of the day and night. The committee discussed this issue at length and directed the county administrator to provide draft revisions to the noise ordinance and to also contact the building official to determine compli- ance with on going construction projects on the premises. The commonwealth's attorney will also work with Mr. Spurr on impan- elling a special grand jury to hear evidence on creating a nuisance. (See Attached) Discussion of Taxation of Tractor Tailer Trucks at the Personal Procertv Rate commissioner of the Revenue Ellen E. Murphy discussed with the committee taxation of large trucks (tractor trailer) at the personal property tax rate. She advised the committee that due to the value of some of these vehicles ($100,000.00), the tax imposed was excessive. The McFarland's of McFarland's Mill also commented that they paid in excess of $18,000.00 annually on the business' five trucks. Discussion followed the presentations and the commissioner of the revenue was directed to provide documentation to the committee on how revenues would be affected if the assessment were lowered by 50% on all trucks over a certain capacity. The committee was also interested in learning what current revenues these vehicles generate. Request of Late Filina Fee to be Abated The attached request from Mr. and Mrs. Sheppard of Stephens City was presented by Supervisor Robert Sager. The comm1SS10ner of the revenue also indicated that she had received numerous complaints about the late filing fee being assessed when the complaining party had no knowledge of the late filing penalties. The committee was advised that the late filing reporting period had recently been expanded from 15 days to 30 days. It was the impression of the committee that information be distributed at key locations in the county (DMV and car dealerships) about the requirements for payment of taxes. (See Attached) Qbw~~sion p~ Fr~~~~~+s fQ;r;: pisabled veteran~ Chairman of the Board of Supervisors Richard Dick requested that the committee review the attached request for free decals 151 for disabled veterans. The committee will place same on its next agenda. (see Attached) LAW ENFORCEMENT AND COURTS COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Law Enforcement and Courts Committee met on Thursday, December 1, 1994, 4:00 P.M., in the Conference Room, 107 North Kent street. Present were chairman of the committee Robert M. Sager; committee members James L. Longerbeam, Larry P. Coverstone, James L. Hockman and Donald Ratcliff. Also present were Board of Supervisors Chairman Richard G. DiCk, Common- wealth's Attorney Lawrence R. Ambrogi, Major Alvin Johnson of the Sheriff's Department, Sheriff Robert T. Williamson and County Administrator John R. Riley, Jr. The committee submits the following: Non Action Items Discussion of New Community Diversion Incentive provisions as a Result of Abolition of Parole Directions Adocted bv the General Assemblv Director of Court Services Director Joe Walker advised the committee that currently it was too early to determine the impact on the CDI program based upon recent action by the General Assembly to abolish parole. Implementation by the General Assembly this winter of the enabling legislation will give local court service units a better idea of what to antici- pate with respect to new formation of Community Corrections Resources Boards. Discussion of the Establishment of a Small Claims Court The Committee reviewed the attached request from Delegate James H. Dillard and directed the County Administrator to share same with the General District Court Judge and report back to the committee at its next meeting as to Judge Whitacre's reac- tion to the request. (See Attached) Presentation of the Sheriff's 1995-1996 Budaet The Sheriff presented his 1995-1996 budget to the committee for information only. The Sheriff advised the committee that he combined all their budgets (civil process, animal control and law enforcement) for easier understanding and presentation. If the supplemental request of their new positions and salary survey requests are discounted, the budgets reflect only slight increases. PERSONNEL COMMITTEE REPORT Mr. Longerbeam presented this report. The Personnel Committee met on Wednesday, November 16, 1994, with the following members present: James L. Longerbeam, Chairman, Jimmie K. Ellington, Richard G. DiCk, Leonard D. Newcome, Robert S. Gordanier, John R. Riley, Jr., and Ann K. Kelican. Toni Wallace was absent. The Committee submits the following report and recommen- dations to the Board of Supervisors for consideration: Reauest From Parks and Recreation Director For Reclassi- fication The Committee reviewed the attached request from Jim Doran, Parks and Reoreation Direotor, to reolassify the Facilities Coordinator position from a Range 15 to a Range 17 and recom- mends approval of said request. 52 Upon motion made by James L. Longerbeam, seconded by W. Harrington Smith, Jr., 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 Recommendation To Implement Advanced Life support Unit Fire and Rescue Director, Tom Owens, appeared before the Committee to discuss possible options to implement the Advanced Life Support "Chase Units" and presented the attached impact study regarding FLSA regulations for EMS providers. The Commit- tee reviewed the study and recommends implementation of this service under option 3 as set forth in the impact study. Mr. Tom Owens, director of Emergency Services, appeared before the board to address the four options. He stated that Reynolds Store has the smallest amount of calls. Mr. Sager asked if any cost figures were available as to what the cost would be to run both companies at the same time. Mr. Owens replied the cost for Gainesboro Company would be approximately $100 per incident, about $70,000 in round numbers. Hans Nydam of Reynolds Store Fire Department spoke against their company losing their paid fireman. Mark McDonald, Chief, Reynolds Store, explained that there is a twenty minute delay in waiting for Winchester to respond. Perry silva, president, County Firemen's Association, appeared before the board and stated that if the funds can be found then he feels the position should remain at Reynolds store. Mr. Sager stated that he feels the station should be manned as it was to be done in the beginning. Mr. Smith stated that he agrees with Mr. Sager. Mr. Ellington stated that he feels the position should remain at Reynolds Store and he endorses option #4. Upon motion made by Jimmie K. Ellington, seconded by Robert M. Sager that Option #4 be approved in keeping the paid position at the Reynolds Store Fire Department. The above motion was approved by the tOllowinq reoorded vote: Richard G. Dick - Aye 153 W. Harrington smith, Jr. - Aye James L. Longerbeam - Nay Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye Recommendation To Fill Vacant Assistant county Adminis- trator position The Personnel Committee unanimously recommends that the vacant Assistant County Administrator position be advertised and filled as soon as possible. Mr. Orndoff stated that the only question he has, con- cerning this, is whether or not anyone has been hired to do the things that were done by the former assistant county administra- tor. Upon motion made by James L. Longerbeam, seconded by W. Harrington Smith, Jr., 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 PERSONNEL COKKITTEE REPORT The Personnel Committee met on Wednesday, December 7, 1994, with the following members present: James L. Longerbeam, Chair- man, Jimmie K. Ellington, Tonie Wallace, Leonard D. Newcome, Robert S. Gordanier, John R. Riley, Jr., and Ann K. Kelican. The Committee submits the following report and recommen- dations to the Board of supervisors for consideration: Reauest From Commissioner of the Revenue to Particioate in the Countv Personnel Svstem and Inclusion in the Schematic List of Classes as Set Forth in the Salarv Survev The Committee reviewed the attached information from the Commissioner of the Revenue requesting approval for her depart- ment to participate in the County Personnel System. Ms. Murphy also requested that her personnel be included in the County's SChematic List of Classes as proposed in the previously submitt- ed salary survey proposal. No additional county revenue will be needed inasmuch as excess funds from the currently vacant business taxation specialist position will be utilized to fund this request for the remainder of FY 94-95. The Committee recommends approval of these requests. Upon motion made by James L. Longerbeam, seconded by W. Harrington Smith, Jr., 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 154 FINANCE COKKITTEE REPORT - APPROVED UNDER CONSENT AGENDA WITH EXCEPTION OF #1 The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on November 16, 1994 at 8:00 a.m. Present were: Committee Chairman W. Harrington Smith, Jr.,; Committee members James L. Longerbeam, Kitty Nicholas, and Henry Buettner. Also present were John R. Riley, Jr., Cheryl B. Shiffler, Jennifer L. Place, School Finance Director James Boyd, School Administrative Assistant Tom SUllivan, and Fire and Rescue Director Tom Owens. John P. Good, Jr. was absent. The agenda items are as follows: The County Administrator Reauests a General Fund Supplemen- tal Appropriation in the Amount of $7.778 - Denied This amount is needed to fund a mandated three percent COLA increase in VRS for retirees. Additional local funds are needed. See attached memo, p. 1-18. The committee had no recommendation. Mr. Smith stated that he was opposed to this, feels that if the board starts this it would never end. 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 - Nay Charles W. Orndoff, Sr. - Nay The Finance Director Reauests a General Fund Supplemental Appropriation in the Amount of $2.948 This amount is needed for a postage machine rental for the Treasurer and Commissioner of the Revenue. Additional local funds are needed. The committee recommends approval. The Finance Director Reauests a General Fund Supplemental Appropriation in the Amount of $12.409 This amount was erroneously omitted from the 1994-95 budget and is needed to cover health insurance costs for the county retirees. The current retirees are Louise H. Driver, Harry L. McCann, Evelyn V. McKee, Osborne H. Renner, Dorothy M. Rice and Esten O. Rudolph, Jr. Additional local funds are needed. This item has been tabled awaiting further information. The Public Works Director Reauests a General Fund Supple- mental Appropriation in the Amount of $16.000 It was requested we go out to bid and have a definite figure prior to appropriating the money needed for this project. Additional local funds are needed. See attached memo, p. 19-21. The committee recommends approval. The Director of Fire and Rescue Reauests a General Fund Supplemental Appropriation in the Amount of $22.500 $12,500 is to increase Middletown's EMS funding and $5,000 each to Round Hill and Middletown Fire Departments to ottset vehiole and equipment operating expenses. These amounts were requested in June but additional information was requested by the Finance Committee. Additional local funds are needed. See attached memo, p. 22-23. The committee recommends approval. 155 The Director of Fire and Rescue Requests a General Fund SUP9lemental Appropriation in the Amount of $10.500 This amount is needed to fund EMS upgrades to three county fire companies. Additional local funds are needed. See attached memo, p. 24. The committee recommends approval. The Deputv PlanninQ Director Requests a General Fund Supplemental Appropriation in the Amount of $28.800 This amount represents Grant money received to conduct a feasibility study for locating a residential facility for mentally handicapped adults within the County. No additional local funds are necessary. See attached memo, p. 25-27. The committee recommends approval. The Sheriff Requests a General Fund Supplemental Appropria- tion in the Amount of $7.433.25 This amount represents grant money received in FY 94-95 for FY 93-94 expenses and is needed to pay for FY 93-94 expens- es. No additional local funds are necessary. See attached memo, p. 28. The committee recommends approval. The Director of Parks and Recreation Requests a General Fund Supplemental Appropriation in the Amount of $4.500 This amount is needed for inspection and treatment of utility poles at Clearbrook and Sherando Parks. Additional local funds are needed. See attached memo, p. 29-32. The committee recommends approval, however, it is requested that the County engineer review this project for proper procedure. The Director of Parks and Recreation Requests a General Fund Supplemental Appropriation in the Amount of $1.077.05 This amount represents an insurance reimbursement and is requested to be placed in line item 10-7103-3004-000-001 Repair and Maintenance - Equipment. No additional local funds are necessary. See attached memo, p. 33. The committee recommends approval. The Superintendent of Schools Requests a School Fund Supplemental Appropriation in the Amount of $634.400 This amount represents surplus bond monies and is needed to fund various school construction projects. No additional local funds are necessary. See attached memo, p. 34-46. The committ- ee recommends approval of item #1 at a cost of $75,000 and the Stonewall Elementary School/Robinson Elementary School Evalua- tion included in item #5 at a cost of $10,000 only. The rest of this request is to be put on hold until the Tiber lawsuit outcome is determined. The Reaional Jail Requests a Jail Fund Supplemental Appro- priation in the Amount of $6.906.50 This amount represents insurance reimbursements for ning damage and is requested to be placed in line item 11-3301-3004-000-001 Repair and Maintenance - Equipment. additional local funds are necessary. See attached memo, 47-48. The committee recommends approval. light- No p. The Director of Division of Court Services Requests a Court Services Fund Supplemental Appropriation in the Amount of $14.505.29 This amount needs to be budgeted as revenue but no addi- tional appropriations are needed. No additional local funds are necessary. See attached memo, p. 49-51. The committee recom- mends approval. 156 The Town of Stephens citv is Requestina that the Countv Consider a Town Boundarv Adiustment The committee does not recommend approval. ** FOR INFORMATION ONLY ** Attached is a letter from Tri-County Virginia O.I.C., Inc. expressing their appreciation for Frederick County's 1994-95 donation to their organization. BOARD OF SUPERVISORS COMMENTS Mr. Sager stated that with this being the last board meeting of 1994 he would like to say, that with the issues this board has dealt with during the last year, the agreements, annexation moratorium, Route 37 and similar issues, he feels this year will go down, historically, as one of the most impor- tant years in the history of the Board of Supervisors. UPON KOTION KADE BY ROBERT K. SAGER, SECONDED BY JAMES L. LONGERBEAM, THERE BEING NO FURTHER BUSINESS TO COKE BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. ') ./