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June 09, 1993 Regular Meeting 341 A Regular Meeting of the Frederick County Board of Supervi- /CllJ3 sors was held on June 9~ 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; Beverly J. Sherwood and Charles W. Orndoff, Sr. CAIJ.. TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by board member Robert M. Sager in absence of a minister. ADOPTION OF AGENDA Mr. Riley suggested that Tab G -"Agreement Referencing Voluntary Settlement of Annexation and Immunity" be pulled. He explained that a supplemental appropriation was needed for Tab F dealing with the Counties Group Self Insurance Risk Pool. He further noted that he had an announcement concerning the recent jail accreditation. Upon motion made by W. Harrington smith, Jr., seconded by Robert M. Sager, the agenda was approved as amended. Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye CONSENT AGENDA - APPROVED Mr. Riley suggested the following tabs for approval under the consent agenda: 1. Memorandum and Resolution Re: Virginia Community certification Program - Tab E; 2. Memorandum Re: Proposed Comprehensive Stormwater Detention Agreement - Tab J; 3. Activity Report - May 16-31, 1993 - Tab L; 4. Parks & Recreation Commission Report - Tab N; 5. Public Works Committee Report - Tab 0; 6. Personnel Committee Report - Tab P; 7. Law Enforcement and Courts Report - Tab Q; 342 8. Miscellaneous Correspondence - Tab R; Mr. smith requested that Tab J not be included under the consent agenda. Upon motion made by James L. Longerbeam, seconded by Charles W. Orndoff, Sr., the consent agenda was approved as outlined above. Richard G. Dick - Aye w. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye EMPLOYEE OF THE MONTH AWARD WAS PRESENTED TO JANE ANDERSON OF THE COMMISSIONER OF THE REVENUE ASSESSMENT/OFFICE Mr. Sager asked Mrs. Anderson to come forward in order that he might present to her the employee of the month award for July. Mrs. Anderson expressed her thanks to the board for her award. CITIZEN COMMENTS No one appeared to address the board under citizen com- ments. APPROVAL OF MINUTES Upon motion made by W. Harrington smith, Jr., seconded by Robert M. Sager, the minutes of the regular meeting of April 28, 1993, were approved as presented by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the minutes of the special meeting of April 29, 1993, were approved as presented by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye COUNTY OFFICIALS RESOLUTION - MEMORIAL FOR JAMES H. DIEHL - APPROVED WHEREAS, James H. Diehl served on the Frederick County Sanitation Authority from April 15, 1972, to May 7, 1993, and 343 the Frederick-Winchester Service Authority from september 9, 1987, to May 7, 1993; and WHEREAS, he did faithfully serve the citizens of Frederick County; and WHEREAS, he possessed the highest devotion to duty as a member and chairman of the Sanitation Authority and, in particu- lar, his visionary leadership which enabled the Service Authori- ty to implement an aggressive utility expansion program; and WHEREAS, throughout his life he was always willing in numerous ways to serve his community; and WHEREAS, Mr. Diehl departed this life on May 7, 1993, and the Frederick County Board of Supervisors, in an effort to honor him, wish to express its admiration, affection, and deep appre- ciation to the family of Mr. Diehl for his unfailing service to the board and to the people of Frederick County; and NOW, THEREFORE, BE IT RESOLVED, that the Frederick county Board of Supervisors hereby expresses its sorrow over the loss of Mr. Diehl to the community and further expresses its appreci- ation to the family of Mr. Diehl for his devotion to Frederick County and his extensive contributions to the community; and BE IT FURTHER RESOLVED, that a true copy of this resolution be delivered to the family of Mr. Diehl and that this resolution be spread across the pages of the Board of Supervisors' minutes to be preserved now and for all future citizens of Frederick County to reflect on the accomplishments of this fine citizen of Frederick County. Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, the above resolution for the late James H. Diehl was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye CLARKE-FREDERICK-WINCHESTER REGIONAL JAIL RECEIVES ACCREDI- DATION Mr. Riley stated that he had attended a meeting this date wherein the regional jail was presented its certification. He further stated that out of a possible rating of 100 the jail received 99.4. LOUISE SEEKFORD TO FILL UNEXPIRED TERM OF MIKE SANDY ON THE SOCIAL SERVICES BOARD Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., Louise Seekford was appointed to the Social Services Board to fill the unexpired term of Mike Sandy, said term to commence on June 9, 1993, and terminate on June 30, 1995. Jk4. , The above motion was approved by the fOllowing recorded vote: Richard G. Dick - Aye w. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye JAMES HUEY WITHDRAWS HIS NAME FROM CONSIDERATION FOR REAPPOINTMENT TO THE FREDERICK COUNTY SCHOOL BOARD/ CAROLYN W LLIAKS REAPPT Mr. Longerbeam announced that Mr. Huey had contacted him to request that his name be withdrawn from consideration for reappointment to the school board. He stated that Mr. Huey had cited various personal commitments as his reason for making this request. Mr. Longerbeam stated that he felt there were two outstand- ing individuals that had shown interest in the Member- -at-large seat, and that he would readvertise for the seat from Back Creek District. Mrs. Sherwood ask if the advertising had been done correct- ly, especially in the wording, whether it should have read "Board of Education" or "School Board". Mr. Ambrogi replied that the wording was done as it should have been. At this time the Chairman called for the vote: Those voting for Carolyn Williams for the member -at-large on the school board were as follows: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye Those voting for Ralph Lewis: Beverly J. Sherwood - Aye Mrs. Carolyn Williams is hereby reappointed to the Freder- ick County School Board for another four year term. VIRGINIA COMMUNITY CERTIFICATION PROGRAM RESOLUTION - APPROVED UNDER CONSENT AGENDA WHEREAS, at the regular meeting of the Board of Supervisors for the County of Frederick, Virginia held on the 9th day of June, 1993, it was duly moved and seconded that the following resolution be adopted: WHEREAS, the community of Winchester-Frederick County successfully met the standards of the Virginia community Certi- fication Program; and 345 WHEREAS, the community was initially recognized for this achievement by the Governor of the Commonwealth of Virginia on the 23rd day of september, 1985; and WHEREAS, the community has maintained its certified status through meeting recertification requirements in 1990; and WHEREAS, a community's status as a certified community must be reaffirmed every three years by completing established recertification standards; and WHEREAS, participation in this program has positioned the community to enhance and expand its economic base; and WHEREAS, the governing body of the County of Frederick is interested in continuing its economic development effort; and NOW THEREFORE, LET IT BE RESOLVED, by the County of Freder- ick, that our community wishes to maintain its status as one of Virginia's Certified Communities and wishes to participate in the Virginia community Recertification Program; and BE IT FURTHER RESOLVED, that the leadership of this communi- ty fully realizes this program requires dedicated effort, and BE IT FURTHER RESOLVED, that by making entry into this program, we are pledging our honest efforts to continue our designation as a "certified" community, and BE IT FURTHER RESOLVED, that the program requires the existence of a Local Economic Development Organization, and this governing body designates the Winchester-Frederick County Economic Development Commission as representing our community for the purpose of participating in this program. GENERAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $157 . 873 TO PAY FOR THE COUNTY' S GENERAL LIABILITY AND AUTO INSURANCE - APPROVED Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., a general fund supplemental appropriation in the amount of $157,873 to pay for the county's general liability and auto insurance was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye RESOLUTION ADOPTING THE KEMBER AGREEMENT TO JOIN THE VIRGINIA ASSOCIATION OF COUNTIES GROUP SELF INSURANCE RISK POOL - APPROVED WHEREAS, Frederick County desires to protect against liability claims and property losses and to provide for payment of claims or losses for which the county may be liable; and WHEREAS, the Virginia Association of Counties Group Self Insurance Risk Pool, aka VACoRP, has been established pursuant to Chapter 11.1 (S15.1-503.4:1 et seq.) and Title 15.1 of the Code of Virginia. WHEREAS, it is desirable for Frederick County to join the Virginia Association of Counties Group Self Insurance Risk Pool 346 in order to provide a method of risk sharing for liability clai.. and property losses; ~, ~, BE IT RESOLVED that the governing body of Frederick County hereby agrees to the member agreement entitled "Member Agreement for Virginia Association of Counties Group Self-Insurance Risk Pool" which creates a group fund to pay liability claims and property losses of the counties and other local agencies joining the Group, and we acknowledge we have received a copy of the pertinent Plan and supporting documents. BE IT FURTHER RESOLVED that Frederick County is authorized to execute the member agreement to join the virginia Association of Counties Group self Insurance Risk Pool and to act on behalf of Frederick County in any other matter relative to the Group. Upon motion made by Robert M. Sager, seconded by W. Harrington smith, Jr., the above resolution was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye Plannina Commission Business: Public Hearinq PROPOSED ORDINANCE AMENDMENTS TO CHAPTER 144 AND CHAPTER 165 - APPROVED Mr. Evan Wyatt, planner II, presented this information to the board and answered their questions and concerns. There was no public input. Upon motion made by W. Harrington Smith, Jr., seconded by Beverly J. Sherwood, the following ordinance amendments to Chapter 144 and Chapter 165 were approved: AMENDMENTS TO CHAPTER 165, ZONING ORDINANCE OF THE FREDERICK COUNTY CODE ARTICLE II, Amendments 165-9A Applications. Petitions for changes in zoning district boundaries (rezonings) shall be filed with the Department of Planning and Development. Such requests shall be on a standard form provided for this purpose. Such petition shall include an adequate surveyor other legal description of the land area to be rezoned. Every application or reapplication shall be signed by the landowner and applicant if the applicant is not the landowner. The Department of Planning and Development may require that the application for rezoning be reviewed by various agencies con- cerned with the use of the land. 165-9D Procedures. As soon as a completed application and fees have been received, the Department of Planning and Development shall advertise the application for a public hearing at the next available Planning 347 commission meeting according to the requirements of the Code of Virqinia, as amended. ARTICLE III, Conditional Use Permits 165-16GG Conditions. Delete this section number and language. ARTICLE IV, Supplementary Use Regulations 165-23G Setback requirements Fences, free-standing walls, and berms shall be exempt from the setback requirements. 165-24B(6) Heiqht limitations: exceptions. If any of the above exceptions exceed the height limitation of the proposed zoning district, the structure shall be required to be setback the normal setback plus one foot for every foot over the maximum allowed height of that zoning district. 165-26B(3) Accessorv dwellinqs. In no case shall a mobile home be allowed as an accessory dwelling in the RP Residential Performance District, R4 Residen- tial Planned Community District, and R5 Residential Recreational Community District. 165-26E Accessorv uses. In no case shall a mobile home or temporary trailer be allowed as an accessory use, unless it is used for temporary or perma- nent housing on a bona fide, operating farm. 165-27D Vehicle parking restrictions. No part of a tractor truck, tractor truck trailer, semitrailer, bus, or dump truck shall be parked or stored within the RP Residential Performance District, the R5 Residential Recreation- al Community District, or the MH1 Mobile Home community Dis- trict. Any truck with a total length of twenty-five (25) feet or greater shall not be parked or stored within the RP, R5, or MH1 Zoning Districts. 165-27E(7) Entrance requirements. 165-30J Siqn permits. Before a sign may be constructed, reconstructed or altered, a sign permit shall be obtained from the Frederick County Building Official. 165-30J(1) Sign permits. Commemorative plaques and historical markers shall be exempt from obtaining sign permits. 165-47C(2) Inoperative motor vehicles. Inoperable motor vehicles permitted to be stored outside of a totally enclosed building shall be completely screened from public roads or surrounding properties. Permitted screening shall include opaque fences, opaque landscaping, or opaque natural vegetation. 165-48.2 Truck or fleet maintenance facilities. 348 Where allowed, truck or fleet maintenance facilities shall meet the following requirements: A. In the M-1 Light Industrial District, truck or fleet maintenance facilities shall only be permitted in industrial parks. B. Truck or fleet maintenance facilities may have fuel service provided that it is limited to one gasoline storage tank of 10,000 gallons or less and one diesel storage tank of 10,000 gallons or less. C. All repair and maintenance operations shall occur within a completely enclosed structure. D. Outdoor storage of parts associated with repair and maintenance shall not be permitted. E. Retail sales shall not be permitted. F. The Planning commission may require additional buffers and screening other than those defined in section 165-37 of this Chapter. ARTICLE V, RA Rural Areas District 165-55 Setback requirements. The following setback requirements shall apply to all parcels within the RA Rural Areas Zoning District. 165-55A Traditional five acre lots. Setbacks from traditional five acre lots shall be set out below. 165-55A(1) Front setbacks. The front setback for any principal or accessory use or struc- ture located on a traditional five acre lot shall be sixty (60) feet from the property line or right-of-way of the street, road, or ingress/egress easement. 165-55A(2) Side or rear setbacks. The minimum side or rear setback for any principal use or structure shall be determined by the primary use of the adjoin- ing parcel as follows: ADJOINING LAND USE SETBACK (Side and Rear) residential/vacant 50 feet agricultural 100 feet orchard 200 feet 165-55B Rural preservation lots. The minimum setbacks from rural preservation lot lines which adjoin other rural preservation lots shall be set out below. Side and rear setbacks from rural preservation lot lines which adjoin any parcel other than another rural preservation lot shall be determined by section 165-55A(2) of this chapter. 165-558(1) Front setback. The front setback for any principal or accessory use or struc- ture shall be sixty (60) feet from the right-of-way of any existing state maintained road, and forty-five (45) feet from 349 the right-of-way of any existing private ingress/egress easement or state maintained road constructed to serve the subdivision. 165-55B(2) Side setback. No principal use or structure shall be located closer than fifteen (15) feet from any side lot line. 165-55B(3) Rear setback. No principal use or structure shall be located closer than forty (40) feet from any rear lot line. 165-55C Existinq structures. The side or rear setbacks for any lot created around an existing use or structure, or any family division lot shall be fifty (50) feet from all lot lines. 165-55D Accessory uses. The minimum setback for any accessory use or structure shall be fifteen (15) feet from any side or rear property line of a traditional five acre lot or any side or rear property line of a rural preservation lot. ARTICLE VII, R4 Residential Planned Community District 165-72B(1) Alternative dimensional requirement plan. An alternative dimensional plan may be included with the master development plan for the development. This plan shall describe a system of dimensional requirements for all planned uses in the development. When these dimensional requirements are approved, they shall constitute enforceable amendments to this chapter, applying to the land included in the development, and shall replace other dimensional requirements contained in this chap- ter. Such alternative dimensional requirements shall be based on general concepts described by the plan submitted. The Planning Commission and Board of Supervisors shall only approve an alternative plan if the plan meets all of the intentions of this chapter, conforms with policies set forth in the Comprehen- sive Plan, and follows generally accepted good planning practic- es. 165-72G(1) Alternative buffer and screeninq plan. An alternative plan for buffers and screening and the separation of uses may be included with the master development plan for the development. This plan shall describe a specific system of buffers, screening and use separation for all planned uses in the development. When these dimensional requirements are approved, they shall constitute enforceable amendments to this chapter applying to the land included in the development and shall replace other buffer and screening requirements contained in this chapter. Such alternative requirements shall be based on general concepts described by the plan submitted. The Planning Commission and Board of Supervisors shall only approve an alternative plan if the plan meets all of the intentions of this chapter, conforms with policies set forth in the Comprehen- sive Plan, and follows generally accepted good planning practic- es. Buffer and screening requirements for the perimeter bounda- ry of the planned community shall not be included in the alter- native buffer and screening plans. 165-72M(3) Phasinq. A reasonable balance shall be maintained between residential and non-residential uses. The phasing plan for the development shall include a reasonable portion of the non-residential uses in all phases of the development. 350 ARTICLE x, Business and Industrial Zoning Districts M-l Allowed Uses Industrial launderers ( SIC) 7218 Truck or fleet maintenance facilities ARTICLE XX, Definitions OPAOUE - Not transparent or translucent. SEMITRAILER - Every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests on or is carried by another vehicle. TRACTOR TRUCK - Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the load and weight of the vehicle attached thereto. TRACTOR TRUCK TRAILER - The portion of a tractor truck without motive power, designed for carrying property or passengers wholly on its own structure. TRUCK - Every motor vehicle designed to transport property on its own structure independent of any other vehicle and having a registered gross weight in excess of 7,500 pounds. Upon motion made by W. Harrington smith, Jr., seconded by Beverly J. Sherwood, the above ordinance amendments were ap- proved. The above ordinance amendments to Chapter 144 and Chapter 165 were approved by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye MASTER DEVELOPMENT PLAN - HILLSDALE ESTATES - TABLED Mr. Kris Tierney, assistant planning director, presented this request to the board noting that Planning commission and staff recommended approval. Mr. Smith asked about the tot lot distance as noted on page 2, and what had been done in Brookland Heights. He explained that he did not agree with the planned connecting street to Brookland Heights. Mr. Tierney explained that this was laid out quite some time ago. 351 Mr. Smith stated that he did not feel the people that would be living there, as well as those now living in Brookland Heights realize that. Mr. Sager asked if an upgrade at the intersection on Route 7 had been looked at when this master development plan was being discussed. He stated that this additional development will make these routes, that are already overloaded even more so, and this really concerned him. Mr. Longerbeam explained that he has the same concerns with Route 716 that Mr. Sager has and feels this will be a gridlock situation. He estimated at least five to six thousand trips per day at this intersection, and that is just too much. He further noted that he realized this property has been zoned for some- time, but feels something has got to be done with the traffic situation as it will be a potential death trap, a tremendous hazard. Mr. Riley asked the board exactly what they would like to see done. Mr. Longerbeam replied that he feels Route 659 really needs to be looked at, and that he does not want to hurt the develop- er, but this is a real concern. Mr. Riley suggested the developer get together with VDOT and trying to work out a solution. Mr. Watkins, planning director, explained to the board that there were two problems with the boards request. The first is density, and perhaps the appropriate ordinance needs to be looked at in terms of a sliding scale. The second is Valley Mill Road and what the future plans are for it, and how soon can these upgrades be done. Mr. Sager stated that he felt prioritizing of road improve- ments needs to be addressed, as it is working entirely too slow. Mr. Longerbeam stated that he felt there has been some pIan put in place in the southern end of the county, but not in this area. Mr. smith stated that he felt more information was needed from the Planning Commission. 352 Mr. Dick stated that he felt the Planning commission would be addressing the boards concerns in the future, but for now we had this particular request to deal with and a decision was needed. Mr. Orndoff questioned if there is a solution to this problem at this time. Mr. Watkins stated that he did not have the answer, and explained that VDOT has evaluated the area in question. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, Master Development Plan - Hillsdale Estates was tabled by the following recorded vote until additional informa- tion is available. Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye COMPREHENSIVE STORMWATER DETENTION AGREEMENT - APPROVED UNDER CONSENT AGENDA THIS AGREEMENT, made this 9th day of June, between the Board of supervisors of Frederick County (the "County") party of the first part, and the Commonwealth of Virginia, Virginia Department of Transportation ("VDOT"). party of the second part, for the for the purpose of satisfying Section 2.1(F) of the Subdivision Street Requirements for the addition of subdivision streets made after this date throughout the County. RECITALS R-l The County has approved, or anticipates approval of, certain subdivision and site plans, the streets of which are intended for acceptance into the Secondary system of State Highways. R-2 certain easements and rights-of-way will be provided for the purpose of constructing, operating and maintaining present or future stormwater drainage facilities including necessary inlet structures and other pertinent facilities for removing water from said streets. R-3 As a prerequisite for accepting any subdivision street into the Secondary System of State Highways, an adequate and accept- able method for transporting stormwater runoff from said street to a natural water course is required. R-4 Pursuant to Section 2.1(F) (4) of the Subdivision Street Requirements. when detention provisions are incorporated into stormwater drainage facilities "an acceptable agreement from the local government is required which absolves the VDOT from any responsibility or liability for the detention facility" before such streets are accepted as part of the Secondary System of State Highways. "Stormwater detention facilities" as used in this agreement shall be limited to detention/retention facili- ties outside of the right-of-way dedicated to public use purpos- es for streets to be accepted into the Secondary System of State Highways. 353 NOW, THEREFORE, in consideration of the premises, the mutual covenants stated herein, and other good and valuable consideration the receipt and sufficiency of which is acknow- ledged by all parties hereto, the parties hereto agree as follows: 1. The County agrees that VDOT has no maintenance, upkeep and/or repair responsibility or liability for such stormwater detention facilities except in cases of physical damage re- sulting from road construction projects administered by VDOT. This Agreement does not relieve the parties thereto of their rights and obligations pursuant to stormwater Management Regu- lations VR215-02-00 et seq., and related state regulations as amended or modified from time to time. Further, the County agrees not to hold VDOT liable for damages resulting from the County's failure to enforce County ordinances and regulations relating to stormwater flow. 2. The County will not seek indemnification or contribution from VDOT to correct damages arising from improper maintenance or construction of stormwater detention facilities. 3. Upon the County's request, VDOT will cooperate with the County in a reasonable manner to assist in the denial, settle- ment and/or litigation of claims for damages from the operation and maintenance of the stormwater detention facilities. 4. The parties expressly do not intend by execution of this Agreement to create in the public, or any member thereof, any rights as a third party beneficiary, or to authorize anyone not a party hereto to maintain a suit for any damages pursuant to the terms or provisions of this Agreement. In addition, the parties understand and agree that this Agreement is not to be construed as an indemnification against third party claims. 5. VDOT agrees to recommend that the Commonwealth Transporta- tion Board accept, as part of the Secondary System of state Highways, new subdivision streets which meet all provisions of the Subdivision Street Requirements. 6. The parties hereto agree that the provisions of this Agreement may be invoked by reference in any resolution of the County requesting any future addition to the Secondary System of State Highways. RESOLUTION FOR RIGHT-OF-WAY ACOUISITION FOR ROUTE 642 - APPROVED Mr. Kris Tierney presented this information to the board noting that in order for VDOT to begin the acquisition of right-of-way needed for the realignment of Route 642, the Board needs to formally request it. He further noted that the resolu- tion also authorized VDOT to utilize secondary construction funds, as needed, to supplement the revenue sharing funds available for the project. WHEREAS, The Frederick County Board of Supervisors voted unanimously to participate in the Virginia Department of Trans- portation's Revenue Sharing Program on April 12, 1989 for the purpose of improving the alignment of Route 642 and thereby improving the traffic circulation in and around the area of Route 642; and WHEREAS, on October 10, 1990 the Board of supervisors, upon recommendation from the Frederick County Transportation Commit- tee and the Frederick County Planning Commission, voted 35~ unanimously to proceed with the alternative location for the realignment referred to as the "brown route;" and, ~___A., on April 8, 1992 the Board of supervisors held a Public Hearing at which time the Board voted to proceed with the design for this preferred route; and, WHEREAS, the design of the this preferred route has pro- ceeded to the point where construction drawings have been submitted to the Virginia Department of Transportation and comments on the plans have been returned to the design firm and the design firm is in the process of making the necessary revisions to address these comments; and, WHEREAS, property owners affected by the planned realign- ment have been informed of the approximate acreage that will be needed for the right-of-way and accompanying maintenance ease- ments for the realigned route; NOW, THEREFORE, BE IT RESOLVED, that the Frederick county Board of supervisors does hereby request that the Virginia Department of Transportation, in conjunction and coordination with the Frederick County Planning staff, take the necessary steps to acquire the right-of-way and accompanying maintenance easements for the realignment of Route 642. BE IT FURTHER RESOLVED, that the Frederick county Board of supervisors does hereby authorize the use of secondary construc- tion funds to supplement the revenue sharing funds available for this project for the acquisition of the necessary right-of-way and maintenance easements and any other related construction costs. 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 Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye ACTIVITY REPORT - MAY 16-31. 1993. APPROVED UNDER CQNSENT AGENDA CQNSTITUTIONAL OFFICER'S SUPPLEMENTS REPORT - TABLED Mr. Riley left the meeting to attend a reception being held in city hall, in order to receive an award being presented to the county by the Downtown Development Board, therefore this report was tabled until a later meeting. PARKS & RECREATION COMMITTEE REPORT - APPROVED UNDER CQNSENT AGENDA The Parks and Recreation Commission met on May 18, 1993. Members Present were: Robert Roper, Cheryle Swartz Robert Hartman, Charles Sandy, Jimmie Ellington, Carmen Rio, Beverly Sherwood. Submitted for Information Only policy Approvals - Mr. Ellington moved to accept the revised Co-Sponsored Policy and the new Bloodborne Pathogen Policy, seconded by Mr. Hartman, carried unanimously. (6-0). 355' Recreation Access Grant Reouest - Mr. Ellington moved to endorse the Department's request to ask the Board of Supervisors to consider an application for a recreational access grant in the amount of $60,000, seconded by Mr. Hartman, carried unani- mously (6-0). The Parks and Recreation Department is currently working with the Planning Department on the development of a bikeway system utilizing ISTEA (Intermodal Surface Transporta- tion Efficiency Act) and recreation access funds. The system would coordinate bicycle traffic between the new developments which parallel Route 277, Sherando High School, and Sherando Park. The request for recreation access funds will not be made until the Board of Supervisors approves the entire project. Preliminary Plans - Warrior Drive Relocation - Action tabled. Executive Session. Viroinia Code Section 2.1-344. Subsec- tion A (1) No Action. PUBLIC WORKS COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Tuesday, June 1, 1993, at 7:30 a.m. Present were board members Charles W. Orndoff, Sr. and W. Harrington Smith, Jr.; committee members Karen Kober, Dudley H. Rinker and James T. Wilson; and Director of Public Works Harvey E. Strawsnyder, Jr., P.E. The following items were discussed and was submitted for the board's information only: 1. Draft Refuse Disposal Aareement A draft solid waste disposal agreement between Freder- ick County, Clarke County and the City of Winchester was pre- sented to the committee for their review and comment. Basical- ly, this agreement will supersede and consolidate the current agreements between Frederick County and the City of Winchester, and between Frederick County and Clarke County. The intent of the agreement is to define the benefits as well as the liabili- ties of sharing the existing sanitary landfill. The committee members were encouraged to review the draft and provide comments to the Public Works Department prior to the next scheduled meeting in July 1993. Copies of this draft will also be sent to Clarke County and the City of Winchester for their input. We are hoping to finalize this agreement in September 1993. 2. Update on New Landfill Expansion The committee was given a brief update of our new landfill expansion. The review of the new landfill design has been completed by the Department of Environmental Quality. We anticipate that the new landfill permit will be advertised on June 15, 1993, with a public hearing scheduled for July 15, 1993. We expect a final permit on or before September 1, 1993. In the interim, we are proceeding with construction of Phase I, Cells A and B with a projected life of three (3) years. Bids for this phase of the development will be accepted on June 3, 1993, with the contract to be awarded on June 9, 1993. Con- struction of Cell A should be completed on or before September 14, 1993, to allow closure of the existing landfill area before October 9, 1993. 3. Miscellaneous Reports various reports were submitted to the committee for their information (see Attachments 2, 3 and 4). PERSONNEL COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Personnel Committee met on Wednesday, June 2, 1993, at 9:30 A.M. in the Personnel Department Conference Room with the 356 following members present: Beverly J. Sherwood, Robert S. Gordanier, Leonard D. Newcome, John R. Riley, Jr., and Ann Kelican. James L. Longerbeam and Colleen Bly were absent. The Committee submits the following report and recommenda- tions to the Board of Supervisors for consideration: peraqnnel Action Reauests From Sheriff Williamson: The Sheriff appeared before the Committee and requested approval to fill two deputy positions in his department. One position was vacated upon the death of Deputy Richard streit and the second position is a state position granted by the State compensation Board in the FY 1993-94 Budget. Sheriff Williamson advised that no additional county funds will be needed to implement this request. The Committee recommends approval of this request. Reauest for Leos Studv For Law Enforcement Officers and Firefiahters: The Sheriff appeared before the Committee and requested a Virginia Retirement system study be done to deter- mine the cost of providing LEOS (Law Enforcement Officers System) coverage for law enforcement personnel and firefighters. LEOS provides full retirement benefits at age 50 with 25 Years of service as opposed to 55/30 for VRS members. The cost to have an actuarial study done for Frederick county would be approximately $1000 and would be3 borne jointly between the eligible departments, i.e. the Sheriff's Department, the Fire & Rescue Department and the C-F-W Regional Jail. The Committee recommends approval of this request provided that the program, should it be approved by the Board of Supervi- sors upon receipt of the results of the study, be funded within the approved budget allocations for FY 93-94. Reouest from C-F-W REGIONAL JAIL SUPERINTENDENT FOR SALARY SUPPLEMENT: The Committee reviewed the attached request from the C-F-W Regional Jail Superintendent for a salary supplement in the amount of $1052.89 ($791.65 Salary and $261.24 Fringes) to compensate the interim nursing supervisor during the time the position was vacant. No additional local funds are needed to implement this request. The Committee recommends approval of this request. Reauest From Public Works Director For position Transfer: Public Works Director, Ed strawsnyder is requesting approval to transfer the current Motor Equipment Operator II at the Shawnee- land sanitary District to the Motor Equipment Operator III position which was vacated when Mr. Frye was appointed Manager. The current employee has been performing the duties of the Motor Equipment Operator III for the past seven months. No local funds are needed to implement this request inasmuch as the position is funded by the Shawnee land sanitary District. The Committee recommends approval of this request. Emolovee Handbook: Please find enclosed a copy of the recently printed employee handbook for your review. Copies of this manual will be distributed to each County employee follow- ing receipt by the Board of Supervisors LAW ENFORCEMENT AND COURTS COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Law Enforcement and Courts Committee met on Thursday, June 3, 1993, 3:00 P.M., in the Personnel Office Conference Room. Present were chairman of the committee Beverly J. Sherwood, board member James L. Longerbeam; committee members Larry P. Coverstone; Donald Ratcliff and James L. Hockman. Also present were County Administrator John R. Riley, Jr.; Common- wealth's Attorney Lawrence R. Ambrogi; Sheriff Robert T. Williamson and Major Alvin Johnson. The committee submits the following: 357 Discussion of Adoption of Statewide Uniform Traffic Code - The Commonwealth's Attorney and the Sheriff presented a suggested list (attached) of state traffic laws that could be enforced by the Sheriff's Department as local county ordinances. The committee was reminded that adoption of the state traffic codes will allow revenue (previously estimated at $70,000 annually) currently going to the Commonwealth to go directly to the county. All of these laws are currently enforced by our Sheriff's Department with the revenue going to the Commonwealth. The revenue that goes to the Commonwealth is designated for the state Literary Fund. Those are the same funds used for loans to local school divisions for school construction funds. Literary loan funding nor Compensation Board funding would be jeopardized by local ordinance designation of traffic fines. The selective adoption of the attached code sections will eliminate the potential fiscal impacts to the county with respect to incarceration fees, medical costs, court costs and court appointed attorney's fees. This is not to say however, that a fiscal impact could potentially arise from the attached sections. If this should arise, the Sheriff has the latitude not to enforce these sections as local county ordinances. After a lengthy discussion it was recommended by the commit- tee that the ordinance be advertised for public hearing. MISCELLANEOUS CORRESPONDENCE - APPROVED UNDER CONSENT AGENDA BOARD OF SUPERVISORS COMMENTS There were no comments by board members. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the board retired into executive session in accordance with the Code of Virqinia 1950, as amended, Section 2.1-344, Subsection A (3) to discuss acquisition and disposition of real estate. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by Robert M. Sager, seconded by W. Harrington smith, Jr., the board withdrew from executive ses- sian. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye BOARD RECONVENED INTO REGULAR SESSION 358 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 Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye 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. _" ,"'"'=o""'F-.""'--'-_.~"'''~'''''''''~ --- isors 1\