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February 10, 1993 Regular Meeting 204 A Regular Meeting of the Frederick County Board of Super- I L~ ere) visors was held on February 10'17:30 P.M., in the Board of Supervisors 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; Beverly J. Sherwood and Charles W. Orndoff, Sr. CltT.T. TO ORDER The Chairman called the meeting to order. IRVOCATION The invocation was delivered by Reverend Susan Garrett of the Grace United Methodist Church. ADOPl'ION OF AGENDA Mr. John Riley, County Administrator, requested an execu- tive session at the end of the meeting. He explained that this would involve discussion of acquisition and disposition of real property. Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., the agenda was approved as amended. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye CONSENT AGENDA There were no agenda items suggested for approval under the consent agenda. PRESENTATION OF AWARD - TABLED UNTIL NEXT BOARD MEETING CITIZEN COMMENTS GARY WILLIAMS OF ZUCKERMAN COMPANY ADDRESSES BOARD RE: COUNTY' S HANDLING OF WHITE GOODS AT THE LANDFILL Mr. Gary Williams, of Zuckerman Company, appeared before the board to request that the board reconsider their position to resume accepting white goods at the landfill. He asked the board why the county could not encourage the public to take their white goods to a "scrap metal dealer" rather than the landfill. This would save Frederick county and all its II 205 taxpayers money, money that would be otherwise wasted due to the extra handling and loading of white goods at the landfill. He explained that white goods containing CFCs (Freon) such as air conditioners, freezers, and refrigerators must be handled differently due to the Federal Clean Air Act effective July 1, 1992. The homeowner should be directed to a "scrap metal dealer" or "certified appliance repair" facility to have the CFCs properly drained and collected. He stated that there is a charge for this process which generally runs $15.00 at a scrap metal dealer and as much as $40.00 at a certified appliance repair facility. He noted that Frederick County should get out of the business of accepting and handling white goods at the landfill and focus on receiving and burying trash. Mr. Longerbeam stated that he felt this should be referred to the Public Works Committee. Mr. Orndoff asked if Zuckerman Company was equipped to take out Freon. Mr. Williams replied yes. Mr. Dick stated that it has been noted that since the landfill no longer accepts these white goods that a lot of them are being dumped on private property, which is becoming a concern to county citizens. This will be discussed at a future date with the Public Works Committee. JOBH POUX ADDRESSES BOARD RE: COUNTY'S DECISION ON l'u'.rURE LOCATION OF COUNTY OFFICES Mr. John Poux, resident of Middletown for the past twenty years, appeared before the board to request that communications be continued with the City of Winchester concerning the future location of county offices. He feels it is imperative that these negotiations be reopened up again and that every effort be made to work out a plan that would allow the county offices to remain downtown. Mr. Dick assured Mr. Poux that the talks would continue, as they have been discontinued only for the time being, and that every effort will be made to work out a plan that is in the best 206 interest for everyone concerned. He further stated that the county has not made up their minds at this point, and that every aspect of this plan is being considered and will continue to be considered until a final decision is reached. APPROVAL OF IIIHUTES Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the minutes of January 13, 1993, meeting were approved as submitted. The above motion was passed by the fOllowing recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye HAROLD NICHOLS REAPPOINTED TO EXTENSION ADVISORY COMMITTEE FROM: OPEOUON DISTRICT Upon motion made by Robert M. Sager, seconded by James L. Longerbeam, Harold Nichols was reappointed to the extension advisory committee as the representative from Opequon District. This term will expire on January 13, 1994. The above motion was passed by the fOllowing recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye REQUEST FOR APPROPRIATION TRANSFER - FIRE & RESCUE - APPROVED Mr. Riley explained that in order to improve Advanced Life Support medical service to western Frederick County and further reduce our dependence on Winchester for this service, the Fire and Rescue Department is establishing an Advance Life Support Rapid Response Unit to serve this region. This program will base a Chevrolet Blazer with full Advanced Life support equip- ment at the Gainesboro Fire station. He further explained that in order to get this program underway at minimal cost, it is the county's intention to purchase a used Chevrolet Blazer from Keplinger Fire and Rescue Repair Service which is already set up as an emergency response vehicle. He further stated that it is the goal of fire and rescue to implement this program without 207 additional fundingi however, in order to make it happen he will need the latitude to transfer funds from other line items so that required monies are reallocated to the appropriate expendi- ture accounts. He explained that he is required to have board approval to transfer funds to the vehicle and powered equipment line item since the total amount needed is in excess of $5,000. He further explained that funds are available from other line items and no additional local monies are required. Upon motion made by James L. Longerbeam, seconded by Beverly J. Sherwood, the above request by fire and rescue was approved. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye FR..c;oLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK AUTHORIZING AN APPLICATION TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY WITH RESPECT TO THE SALE OF $5.740.000 SCHOOL BONDS - APPROVED WHEREAS, the Frederick County School Board and the Board of Supervisors ("Board") of the County of Frederick, Virginia ("county") have determined that it is advisable to contract a debt and issue general obligation bonds of the County in an amount not to exceed $5,740,000 to finance certain capital improvements for public school purposes ("Bonds") and to sell the Bonds to the Virginia Public School Authority ("VPSA)i NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. The County Administrator is authorized and directed to submit an application to the VPSA in order to sell the Bonds to the VPSA at the 1993 Spring VPSA bond sale and to take such other action as may be necessary to issue the Bonds. 2. This resolution shall take effect immediately. Adopted by the Board of Supervisors of the County of Frederick, Virginia on February 10, 1993. Upon motion made by W. Harrington Smith, Jr., seconded by James L. Longerbeam, the above VPSA resolution was approved. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye PLANNING COKKISSION BUSINESS: 208 Public Hearina: 1993 UPDATE OF THE COUNTY'S COMPREHENSIVE POLICY PLAN - APPROVED Mr. Kris Tierney, Assistant Planning Director, appeared before the board to explain the Comprehensive Policy Plan update. He stated that the plan has been reviewed and recommended for approval by the county's comprehensive Plans and Policies Committee. He outlined the following significant updates to the plan as follows: * Updated Employment Figures * Updated Figures for School Enrollment and the status of Planned School Facilities. * An Update of Numbers of Sewer and Water Hookups, the Status of Facilities and Their Capacities as Well as Planned Line Extensions. * An Extension Update of the Parks and Recreation Section Dealing with Programming Procedures and Plans for Adding Facilities to Achieve and Maintain Compliance with National Standards Outlined in the Virginia Outdoor Plan. * An Expansion of the Urban Development Area Encompassing Roughly 700 Acres Along Route 522 South of the Current UDA Boundary. This Addition is Bounded on the West by Route 644 and Extends South of the Route 644/Route 522 Intersection to Include the Shenandoah Mobile Home Park. The Eastern Limit of the Area Follows a Drainage Swale in a Northeasterly Direction from the Mobile Home park to the Southern Limit of the Current UDA. Upon motion made by W. Harrington Smith, Jr., seconded by Beverly J. Sherwood, the 1993 Update of the County's Comprehen- sive Policy Plan was approved as presented. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye 1993 CAPITAL IMPROVEMENTS PLAN PRESENTED TO BOARD - APPROVED Mr. Kris Tierney appeared before the board to present and explain the 1993 Capital Improvement Plan as recommended to the board by the Planning Commission. He explained that the recommended CIP contains twenty-nine items, four less than the 1992-93 plan. Four landfill projects from last years plan were completed and the Stephens City 209 Library request was dropped due to lack of available state funding. One change was made to the Plan by the Planning commission. This is the addition of project number twenty-nine, the covering of Sherando Pool. The commission felt that a year-round pool should be identified as a needed facility in the county. A memorandum from Mr. Jim Doran, Director of Parks and Recreation, was attached which addresses the proposal for winterizing Sherando Pool. Mr. Doran points out some drawbacks to utilizing this pool for competitive swimming and raised relevant questions of location and cost effectiveness. The board may wish to alter item twenty-nine in light of this information. The commission expressed some reservation concerning the amount of money proposed to be invested in stonewall and Robinson Elementary schools, given the age and uncertain long term future of these facilities, and concerning the cost of the proposed Landfill Maintenance Facility ($300,000). The commission did not question the need for a maintenance facility as much as the amount of the proposed expenditure. staff is also aware that in light of recent events the board may want to add new or renovated county offices to the CIP. The subcommittee did not address this issue due to the uncertainty that existed in early January concerning relocation or reconstruction. Mr. Orndoff asked if this list is approved by the board, could it be changed later. Mr. Riley replied yes. Upon motion made by James L. Longerbeam, seconded by Robert M. Sager, the 1993 Capital Improvements Plan was approved as presented. A copy of this plan is available in the County Administrator's Office as well as the Department of Planning and Development. The above motion was passed by the following recorded vote: Richard G. Dick - Aye w. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye 21:0 ACTIVITY REPORT IHFORJlATION JANUARY 16-31. 1993 - RECEIVED AS PUBLIC WORKS COIUIITTEE REPORT The Public Works Committee met on Tuesday, February 2, 1993, at 7:30 a.m. Present were board members Charles W. Orndoff, Sr. and W. Harrington Smith, Jr.; committee members Dudley H. Rinker, James T. Wilson, and Karen Kober; County Administrator John R. Riley, Jr.; Assistant County Administrator Stephen F. Owen; and Director of Public Works Harvey E. Strawsnyder, Jr., P.E. The following item was discussed and requires board action: DisDOsal of Laroe ADDliances The committee discussed a citizen complaint and administra- tive problems with new EPA regulations regarding large appliance disposal. The committee unanimously recommends that the board amend the current "no large appliance" policy to accept any large appliance not containing refrigerants or refrigerant units. If this proves workable, the county code could be changed later to reflect this policy. It would break down as follows: Acceptable Not Acceptable Stoves Washing Machines Clothes Dryers Dish Washers Hot Water Heaters Freezers Refrigerators Air Conditioners The unacceptable items above may be taken to Zuckerman Company, Monday through saturday, and disposed of for a $15 fee per unit. The fee covers the cost of refrigerant removal and chain-of-own- ership paperwork. The following items are submitted to the board for their information only: Gore School Steve Owen briefed the committee on the status of tenants at Gore School, including the recent departure of the day care provider. The committee asked that staff see if the health, parks, and sheriff departments might need space, as well as other compatible uses. Compactor sites Ed Strawsnyder advised that the citizen convenience area at the landfill will be open from dawn to dusk, seven days a week and manned as needed. Also, the Greenwood lease agreement improvements were discussed. Finally, Ed advised that he is working to close several of the compactor sites at night to control illegal dumping. Miscellaneous various reports were submitted to the committee for their information and are on file in the county administrator's office. The Board referred number 1 back to the Public Works Committee for further study and work with Mr. Williams of Zuckerman Company and asked that a full report be sent back to them for review and recommendation. BOARD RETIRED INTO EXECUTIVE SESSION 211 Upon motion made by James L. Longerbeam, seconded by W. Harrington Smith, Jr., the board retired into executive session in accordance with the Code of VirGinia, 1950, as amended, Section 2.1-344, (A) (3) and (7) to discuss acquisition of property and legal matters. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Jr., the board withdrew from executive session. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye BOARD RECONVENED INTO REGULAR SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., 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 passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye UPON MOTION MADE BY W. BARRINGTON SMITH, JR., SECONDED BY CHARLES W. ORNDOFF, SR., THERE BEING NO FUKJ:'lUY( BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. ~~ '~