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HomeMy WebLinkAboutAugust 12, 1992 Regular Meeting 023 A Regular Meeting of the Frederick County Board of supervi- sors was held on August l2, 1992, l2:00 noon, 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. (Mr. Orndoff was not present at start of meeting.) CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by board member Robert M. Sager. ADOPTION OF AGENDA Mr. John R. Riley. Jr., County Administrator, requested the following amendments: 1. Add Finance Committee Report from their meeting of this morning; 2. Item to be added to Personnel Committee Report from sheriff requesting permission to file for a grant in conjunction with the city of Winchester. Upon motion made by Robert M. Sager, seconded by W. Harrington smith, Jr., the agenda was adopted 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 CONSENT AGENDA There were no items under the consent agenda. Mr. Orndoff arrived at this time. MINUTES OF REGULAR MEETING OF JUNE 10. 1992 - APPROVED AS AMENDED Mr. Riley noted that on page 32 of the June lO minutes, under the Parks and Recreation request, the word "vacant" needs to be inserted before administrative assistant. Upon motion made by W. Harrington smith, Jr., seconded by James L. Longerbeam, the minutes of the regular meeting of June lO, 1992 were approved as amended. 024 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 MINUTES OF SPECIAL MEETING OF JUNE 27. 1992 - APPROVED AS SumuTTED Upon motion made by W. Harrington smith, Jr., seconded by Charles W. Orndoff, Sr., the minutes of June 27, 1992, 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 COMMITTEE APPOINTMENTS HISTORIC RESOURCES ADVISORY BOARD Maral Kalbian was reappointed by the Board at their last meeting, however, she has decided since that time she will be unable to serve, therefore, the Board will receive this as information and take appropriate action at a later meeting. NED CLELAND REAPPOINTED TO THE FREDERICK-WINCHESTER SERVICE AUTHORITY - APPROVED Upon motion made by Beverly J. Sherwood, seconded by Robert M. Sager, Dr. Ned Cleland was reappointed to the Frederick- winchester Service Authority for a three year term. Said term to commence on August 31, 1992, and terminate on August 31, 1995. 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 JOHN R. RILEY. JR.. AND STEPHEN F. OWEN REAPPOINTED TO THE LORD FAIRFAX PLANNING DISTRICT COMMISSION FOR A TWO YEAR TERM - APPROVED Upon motion made by W. Harrington Smith, Jr., seconded by Beverly J. Sherwood, John R. Riley, Jr., and stephen F. Owen were reappointed to the Lord Fairfax Planning District 025 commission for a two year term. Said term to commence on September 30, 1992, and terminate on September 30, 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 PUBLIC HEARING DATE SCHEDULED FOR PLANNING COMMISSION ITEMS Mr. Kris Tierney, Assistant Planning Director, addressed the Board and requested that the date of September 9, 1992, be scheduled as the public hearing date for the following Planning commission items: l. A proposed addition to the Frederick County Code which would establish a local Historic Property Recognition Program. 2. Rezoning application #001-92 of John and Jane McAllister to rezone two acres from RP (Residential Performance) to B-2 (Business General) for retail business. Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, the public hearing date for Planning commission items as listed above is hereby scheduled for September 9, 1992. 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 COUNTY TREASURER C. WILLIAM ORNDOFF. JR.. ADDRESSES BOARD RE: ANNUAL DISCLOSURE OF DELINOUENT REAL ESTATE. PERSONAL PROPERTY AND SHAWNEELAND TAXES Mr. C. W. Orndoff, Jr., county Treasurer, appeared before the Board at which time he presented a listing of delinquent taxes, as is required by the code. He informed the Board that this listing was as of June 30, 1992. He further noted that the delinquent tax list will be published in The Winchester Evening Star in the very near future. He presented to each board member a copy of the county tax guide that was updated by his office and published for the general public. TREASURER REQUESTS BOARD APPROVAL TO WRITE OFF LIST OF BAD CHECKS THAT DATE BACK TO 1984 THAT HAVE BEEN RECEIVED IN HIS OFFICE. AS REQUIRED BY THE AUDITORS - APPROVED ",r",__ O~6 Upon motion made by W. Harrington smith, Jr., seconded by Beverly J. Sherwood, permission was given to C. William Orndoff, Jr., Treasurer, to write off the list of bad checks dating back to 1984, as required by the auditors. Mr. Smith did request that this list be made available to the local credit bureau. 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 TREASURER REOUESTS THAT DELINQUENT REAL ESTATE TAX LIST BE DELETED FROM: TAX ROLLS - TABLED Mr. Orndoff stated that in working with the delinquent tax list, his office has gone back to 1972 and noted that a tax map number or description of property was not attached to the account, therefore, it has made it impossible to identify who owned the property. He further stated that at this time he would like for the Board to give him the okay to remove these accounts from the present tax rolls. The Chairman asked if the Board could be given some addi- tional time on this request, and if Board Members could be given a copy of the list in order that they might review it before the next board meeting. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the delinquent tax list, just presented to the Board by the Treasurer, will be reviewed by the board members and be placed on the Board's agenda for the September 9, 1992, meeting. 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 HANDLEY LIBRARY AGREEM:ENT APPROVED AS PRESENTED Mr. Riley presented the Handley Library Agreement and explained that the agreement as presented in the Board's agenda has been amended, primarily in the area of membership. The City will now have four members, as will the county and Clarke county II ,,','. 027 will have one. He explained that if the membership next year is tied to the usership formula it will change approximately 51 percent Frederick County, 38 percent City of Winchester with the remainder being Clarke County. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the Handley Library Agreement was approved as submitted, and is on file in the county Administrator's Office. 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 Mr. Longerbeam asked if this agreement was part of the county's current discussions with the City of Winchester on joint projects and expenditures. Mr. Riley replied, yes it was. Mr. Dick stated that he felt the county needed to move forward on this, therefore, it was included as part of this agenda. PENDING ISSUES 1. American's with Disabilities Act. Mr. Riley explained that this was just a reminder to the Board that by November the Board has to appoint a local ADA Board, and he would recommend that this be composed of city and county citizens, and that the Board might want to start to consider appointments and struc- ture. Mr. Dick requested that Mr. Riley discuss this with Mr. Daley of the city and report back to the Board. ACTIVITY REPORT - JULY 16-31. 1992 - RECEIVED AS INFORMATION This is for the Board's information, however, Mr. Dick stated that he would like to thank Bob Watkins, Planning Direc- tor, and his staff for all their work on the Route 37 hearings that were held during the month of July, as he felt they were very well done and provided a lot of information to the citizens that attended the hearings. rr- 028 Mr. Dick also thanked Mike Didawick for the work and progress in his office on assessments. PROPOSED SHENANDOAH VALLEY NATIONAL BATTLEFIELD BILL - FOR BOARD'S INFORMATION AT THIS TIME Mr. Kris Tierney appeared before the Board stating that this was for the Board's information at this time. Mr. smith referred to the section that deals with condemna- tion. Mr. Dick stated that there will be a public hearing on this information at a later date. 522 SOUTH SURVEY RESULTS AND RECOMMENDED APPROACH TO AREA FROM COMPREHENSIVE PLANS AND PROGRAMS COMMITTEE AND PLAN- NING COMMISSION - TO BE DISCUSSED WITH HEALTH DEPARTMENT OFFICIALS IN A SCHEDULED MEETING The Comprehensive Plans and Programs Committee met Monday night, August 3, 1992, to discuss the results of the Health Department's Septic System Survey of the area around the 522 South, Route 644 intersection. The committee proposed that a public meeting be held to inform residents that the county is considering including the study area in the Urban Development Area (UDA) and what the implications of this would be. It was the consensus of the committee that the area should be added to the UDA. The committee questioned whether this should be done as soon as possible in the form of a special amendment to the Comprehensive Plan or if it could wait until the next annual Plan update to take place around the first of the year. At the Planning Commission meeting on Wednesday, August 5, 1992, the commission discussed the recommendation. It was their conclusion that since the annual update of the Comprehensive Plan is scheduled to take place by the first of the year, and that the Sanitation Authority has stated it would take roughly eighteen months to construct the required sewer lines once funding is available, that there is no need for a special amendment to the plan. The commission is proposing that one of our regular fall public meetings on proposed revisions to the Comprehensive Plan be held in this area of 522 to inform the residents of the plan to include the area in the Urban Develop- ment Area and the implications of this action. L_ 029 Mr. Kris Tierney appeared before the Board noting that this material was being presented to the Board for their information, and that no action was necessary at this time as he felt the Board should wait until January when the Comprehensive Plan is updated. Mr. Sager asked if water and septic shouldn't be done at the same time. Mr. Tierney replied that yes that would make sense. Mr. smith stated that these people do have a need, as he had actually taken samples himself, and after twenty-four hours there is nothing but sediment in the container. He further stated that he would like for this Board to back the citizens on Route 522 south, as well as backing him as their representative to put this matter on the fast track, or front burner and see what can be done for these citizens. Mr. Riley explained that it has been reported recently, that this project was delayed, this was not the case, we were trying to get it added to the list. He further stated that the same report stated that there was a 50 percent failure rate in septic systems in this area, and that too was incorrect as it is about 2 percent. Mr. Longerbeam asked Mrs. Sherwood if in the Planning commission discussions of this, if it had been discussed on how this area was going to be designated, business corridor, etc. Mrs. Sherwood replied, that yes lines have been drawn, and this area has been looked at for years as a possible extension to the urban development area, however they did not feel it was the time, due to the amount of open land in this area a lot of concern was expressed as to what would happen with growth. Mr. Longerbeam stated that the reason for inclusion was not due to failing septic systems though, but because it made good sense from a planning standpoint. Mr. Dick asked if it would not make sense to put these lines in when 522 south is being done by VDOT. Mr. Tierney replied, that he did not have all the informa- tion before him, but if his memory serves him correctly that 030 particular section of 522 is still a couple of years down the road in terms of when it would be widened. Mr. Dick asked if the Board's intent was, to try and coordinate all of this together. Mr. Dick replied, that he thought it would certainly make sense for it to be handled that way. Mr. Tierney stated that he thought the water was tied to that time schedule. Mr. Dick stated that in the Health Department report he noticed that they also tested in the Stephenson area, and it was noted how long a septic system is useable, and with that figure in mind I feel as a county we are looking at a real serious problem down the road. Mr. Longerbeam stated that he certainly would hate to see the urbanization of Frederick County be based on failing septic systems, as he felt a case for that could be made in a lot of different areas of the county, and as a policy matter, and feels this would be very dangerous to make an assumption that failing septic systems is tantamount to getting water and sewer, for if that happens you know what we will be looking at, it will be disastrous. Mr. Dick stated that this was a real concern, and the Board needed to find an answer or solution to the problem. Mr. Riley stated that he felt the Planning Commission is looking into possibly using package treatment plants in your rural community development centers to try and solve these problems. Mr. Smith asked if there is a law that says, if you run water and sewer that you have to rezone property to RP. Mr. Tierney stated that the county does have certain areas where they have extended water and sewer not servicing the urban development area, specifically with that in mind, some of our business corridors and the recent addition of Route 11 south as a business corridor, would allow the extension of sewer and water service for commercial and business uses, not residential development. L_ 031 Mr. Sager asked if the Planning commission and the Sanita- tion Authority pretty much had the same philosophy when it comes to these hookups. Mr. Tierney replied that he was not familiar enough with that to really speak to it at this time. Mr. Riley explained that the county does have an agreement with the Sanitation Authority on the extension of utilities, that they don't arbitrarily extend utilities in areas that aren't planned for it. Mr. Orndoff stated that he had a problem with the statement made by the Health Department wherein they said that a septic system is only good for about 20 years, as that is not true. Mrs. Sherwood stated that she would like some answers from the Health Department on what citizens are suppose to do when their septic system does fail, in order to be able to pass this on to her constituents when asked. Mr. Longerbeam suggested that perhaps a meeting should be scheduled between this Board and the local Health Department. Mr. Dick asked Mr. Riley to schedule such a meeting between this board our state representatives and local health depart- ment. Mr. Smith referred to the section of the report wherein they state that not all residents participated in the survey. He further stated that from what he was able to gather, the staff members of the health department had only so many hours to do this survey, and it had nothing to do with citizens partici- pation in this survey. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., that this request be submitted through the proper channels with the Planning Commission and the Compre- hensive Plan. 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 ROAD NAME CHANGE REOUESTS - APPROVED 032 The Frederick County Road Naming Committee is continuing to review road name change requests on a monthly basis. At the July meeting, the committee decided on recommendations for the requests currently on file and therefore submit these recommen- dations to the board for action. Recommendation for Approval: The following road name requests have met the requirements set forth by the board and the Road Naming Committee feels that these changes would assist in clarifying street addressing: 1. FROM: Laurel Circle (Village at Lakeside) TO: Laurel Hill Drive 2. FROM: Forest Ridge Road (Brookneill) TO: Horseshoe Circle (1st and 2nd requests of Pheasant refused because of duplication. ) 3. FROM: Smoky Hollow Road (Green Acres) TO: Fairway Drive (Reversing name change, Smoky Hollow Road may have been a mistake in the original project) 4. FROM: pulpit Circle TO: Rocky Top Lane 5. FROM: Hot Slate Lane TO: Slate Lane 6. FROM: Dunmovin Lane TO: Amberwood Lane (1st request of Rustic Lane refused because of dupli- cation) 7. FROM: Shoreline Drive (Lake st. Clair) TO: Lake Saint Clair Drive 8. FROM: Snaky Hollow Road TO: Shady Creek Road 9. FROM: Crawdad Lane TO: Roanoke Lane 10. FROM: Shoefly Lane TO: Spaid Lane Recommendation for Denial: The Road Naming Committee recommends denial of the follow- ing requests for these reasons: 1. FROM: Riding Mill Road TO: Klines Mill Road Making this change would involve changing the names of three rural routes, and over 50 households. The applicant obtained signatures from only one road and still did not have a majority on it. The construction of Interstate 81 interrupted the historical integrity of the area, however, road names assigned in 1987 were and are still historically accurate in location. 2. FROM: Hunting Ridge Road (portion north of Brush 033 TO: Whipperwill Creek) Although Hunting Ridge Road is broken by high water during the flooding season, the committee members in emergency services agreed that there would be no hindrances in emergency response. Also, being as this is one continuous state route and road name, that a break in the middle would cause confusion in the future when creek crossing/road improvements are made. Upon motion made by W. Harrington smith, Jr., seconded by Charles W. Orndoff, Sr., the above road name change requests were 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 LETTER FROM C. MICHAEL HARLOW. POSTMASTER. REOUESTING THAT DATE OF DECEMBER 30. 1992 AS LAST DATE FOR CITIZENS TO CHANGE THEIR STREET ADDRESSES WITHOUT A CHARGE BE MOVED UP - DENIED Mr. Owen presented this letter to the Board, and explained its content noting that the Public Works Committee did not have this letter when they met last week. Public Works Committee did not have this letter when they met last week. Mr. Dick stated that he did not like to change rules in the middle of the game, but he could see the urgency of this. Mr. Tierney stated that the policy was decided sometime ago and the people are presently under the impression that they have until December to make any changes, without any cost to them, and he would hate to be the one that has to tell these people that the policy has been changed and now there will be a charge for any changes in road names. Mr. DiCk stated that if any changes were to be made it should have been done back when, and now we need to stick to what we currently have. Mr. Longerbeam stated that he felt it would not hurt to advertise, notifying the citizens that if they want their road names changed that they make every effort to get it done as soon as possible. PARKS AND RECREATION COMMISSION REPORT - RECEIVED AS INFORMATION The Parks and Recreation Commission met on July 14, 1992. Members present were: James Robinson, Robert Roper, Charles Sandy, Carmen Rio, Jimmie Ellington, Joe Bishop, and cheryl Swartz. Submitted for Information only Potential Relocation of Warrior Road - Mr. Ellington moved the staff notify the state and the Department of Interior to request comparable land continuous to Sherando Park and that an adequate buffer for sound and safety between Warrior Road and the park be provided, seconded by Mr. sandy, Carried unanimously. Reauest for a Skateboard Facilitv - Mr. Rio moved that a request for a skateboard facility at Sherando Park be denied, seconded by Mr. Sandy, carried unanimously. Surplus Funds Reauest - Mr. sandy moved to request carry forward funds in the amount of $55,000 to purchase a 25 passenger handicap accessible van, seconded by Mr. Rio, carried unanimously. (Forwarded to Finance Committee) TRANSPORTATION COMMITTEE - RECEIVED AS INFORMATION \1. 2. 3 . 034 The Frederick county Transportation Committee conducted their regular meeting for the month of August. The fOllowing agenda items were discussed during this meeting: 1) The committee addressed specific concerns regarding the Route 277/Route 647 intersection, east of stephens city. The committee endorsed the construction of a right turn lane on Route 647 to separate Route 277 east and west bound traffic, and the pavement marking to indicate dual right turn lanes for Route 647 and northbound Interstate 81 traffic. The pavement will be marked accordingly to coordinate with existing signage in this area. 'L 2) The committee briefly discussed a letter from Mr. Joseph Verzi, Jr. Mr. Verzi provided suggestions to improve traffic flows within the county and the City of Winchester. Staff was asked to create sketches of the various scenarios to assist with future discussions. 035 3) The committee recommended that a traffic signal light be placed at the intersection of Route 277 and the entrance to Sherando High School. The committee felt that the installation of this traffic light should be coordinated with the opening of Sherando High in the Fall of 1993. Committee members discussed the potential for an annual student parking fee to assist in off-setting the costs created by this impact. 4) Staff provided the committee with the history behind the request to vacate a portion of Conway street. This request was made by Mr. Kimerly Henry and regards a street that lies partially in Frederick County and the City of Winchester. This item will be discussed again by the committee prior to a recom- mendation. PUBLIC WORKS COMMITl'EE REPORT The Public Works Committee met on Tuesday, August 4, 1992, 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; Director of Engineering and Inspections Harvey E. Strawsnyder, Jr., P.E.; and Building Official John S. Trenary. The following items required board action: Tradesmen certification - To be Advertised for Public Hearinq The committee held a long discussion on the pros and cons of certification of mechanical, plumbing, and electrical trades- men. On a three to two vote, the committee recommends board approval of this following a public hearing on the required ordinance. Upon motion made by Charles W. Orndoff, Sr., seconded by James L. Longerbeam, to advertise for public hearing an ordi- nance to enforce tradesmen certification. 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. - Nay 036 Economic Development Grant - Approved John Riley briefed the committee on the county's eligibili- ty for a U.S. Department of Commerce grant for public works and economic development projects. The committee recommends that the board authorize staff to apply for the grant. Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., this request was approved by the follow- ing 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 Greenwood Trash station Lease - No Action Taken This item was pulled before the meeting began. There was no discussion or action. Code Chanqe - No Action Taken The committee recommends that the board advertise for public hearing an ordinance to amend the county code to increase the fines and penalties associated with violations of the county trash container ordinance. Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington smith, Jr., this request was approved by the follow- ing 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 (NOTE: After further research by staff and the attorney's office, fines and penalties associated with these violations are appropriate as stated in the code book - no pUblic hearing is necessary. ) Impound Lot Trailer Lease - Approved The committee recommends that the trailer lease with the sheriff's investigator John Hoover be extended for another year under the same terms and conditions. Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., this request was approved by the follow- ing recorded vote: Richard G. Dick - Aye l 037 W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye Street Siqn Policies - Approved Staff received guidance from the committee on several policies regarding street name signs as follows: a. Signs will be white letters on green background; b. The county will not reimburse private subdivisions for the cost or difference in costs for their own signs; c. The county will require private sUbdivision street name signs to include block range information. Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., these street name sign policies were approved 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 LAW ENFORCEMENT & COURTS COMMITTEE REPORT The Law Enforcement and Courts Committee met on Monday, July 20, 1992, 4:30 P.M., City Council Chambers with the City Public Safety Committee. Present were Robert M. Sager, Chairman of the Committee; Board member Charles W. Orndoff, Sri Committee members Donald Ratcliff, B. G. Wyatt and Larry P. Coverstone. Also present were county Administrator John R. Riley, Jr. and Commonwealth's Attorney Lawrence R. Ambrogi. Board member James L. Longerbeam was absent. The committee submits the following: Discussion of Buildinq Securitv at Joint Judicial Center - Approved $5.000 for County's Share for Installation of New SecuritY/Lockinq System The committee discussed the attached July 17, 1992, memo- randum from city Manager Ed Daley and recommends the following: Install a new security/locking system on the Kent Street and Cameron Street entrances. Alarm all other exits from the Joint Judicial Center with a monitor (flashing light) in the Sheriff's Department Dispatcher's booth. Estimated cost is $10,000 to be shared equally with the city. 038 Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the county's share of $5,000 is hereby approved for the installation of a new security/locking system for the Judicial Center. 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 Courtroom security was also discussed. The committee recommends that the sheriff purchase two hand held scanners and that these scanners be used by the bailiffs assigned to specific courtrooms. The public will be scanned as they enter the court- room. Cost is not known at this time. Sheriff Bob Williamson was present to address this item, and in doing so stated that he was not sure why this question was raised in the first place. He further explained that there is not sufficient staff to man the scanners that have been mentioned. Following discussion, it was the consensus of the Board that the Judicial Center be revisited by the Law Enforcement and Courts Committee along with the city committee to once again review the area that is being discussed. Everyone basically felt if the two main entrances to the Judicial Center are covered then that is all that is necessary. SHERIFF WILLIAMSON REOUESTS BOARD APPROVAL TO APPLY FOR A GRANT IN THE AMOUNT OF $50.000. COUNTY'S SHARE $25.000 TO UPGRADE COMPUTER EQUIPMENT (THIS IS A MATCHING GRANT) APPROVED Mr. Sager asked where the equipment would be maintained. Sheriff Williamson replied, that it would be a joint package that we currently share with the City of Winchester, as they handle the main frame of the computer system. Mr. Smith asked if this would be an initial start up grant or would it be a continuing one. Sheriff Williamson replied, that it would be a start up one, and would be renewable yearly. L 039 Sheriff Williamson explained that the initial information came to them on June 26 and they have been working with the City of Winchester since that time in preparing the necessary infor- mation in order to apply for this grant. Upon motion made by Robert M. Sager, seconded by W. Harrington smith, Jr., approval is hereby given to apply to the state for the above mentioned grant. 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 PERSONNEL COMMITTEE REPORT The Personnel Committee met on Wednesday, August 5, 1992, with the following members present: Chairman James Longerbeam, Beverly Sherwood, Ralph Lewis, Ed Keenan, John Riley, Steve Owen, and Ann Kelican. Colleen Bly was absent. The committee submits the following report and recommenda- tions to the Board of Supervisors for consideration: Reauest from Director of Assessment to Fill Vacant position - Approved The committee reviewed the attached request to fill the vacant Real Estate Clerk/Administrative Technician position in the Commissioner of Revenue's office and recommends approval of same. Upon motion made by James L. Longerbeam, seconded by Beverly J. Sherwood, the above request 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 Reauest from Division of Court Services Director to Fill Vacant Position - Approved The committee reviewed the attached request to fill a vacant Case Officer position in the Division of Court Services Department and recommends approval of same. 040 Upon motion made by James L. Longerbeam, seconded by Beverly J. Sherwood, the above request 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 Reauest from Planninq and Development Director to Fill Vacant position - Approved The committee reviewed the attached request from the Director of Planning and Development to fill a vacant Planner I position. The Committee recommends this position be filled at a Planner I or Planner II position, at the discretion of the County Administrator based upon the final applicant's qualifica- tions, at a salary not to exceed $22,678. Upon motion made by James L. Longerbeam, seconded by Beverly J. Sherwood, the above request 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 Reauest for Creation of Enaineerina Technician position - Approved The committee reviewed the attached information regarding the approval of an Engineering Technician position in the Department of Engineering and Inspections and recommends approv- al of same. Upon motion made by James L. Longerbeam, seconded by w. Harrington Smith, Jr., the above request was approved however, the board did request that a list of duties be spelled out for this position. 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. - Nay Reauest for Appropriation of Funds from CFW Reaional Jail to Tri-Countv Virainia OIC - A~proved l 041 The committee reviewed the attached letter from Mr. John Poux, Executive Director, and recommends approval of the appro- priation of $20,000 from the eFW Regional Jail Board budget to Tri-eounty virginia OIC to fund a job placement counsellor position. Upon motion made by James L. Longerbeam, seconded by Robert M. Sager, the above request 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 Request to Fill Two Vacant positions at Airport - Approved Upon motion made by James L. Longerbeam, seconded by W. Harrington Smith, Jr., the two current vacant positions at the Frederick-Winchester Regional Airport may be filled. 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 FINANCE COMMITTEE REPORT (MTG. OF JULY 15. 1992) The Finance Committee met on Wednesday, July 15, 1992 at 8:00 a.m., in the Frederick County Courthouse Conference Room. Present were: Committee members W. Harrington Smith, Jr., John Good, Jr., Natalie Cather Miller and Raymond e. Sandy. Also present were County Administrator John R. Riley, Jr., Assistant County Administrator Steven F. Owen, Finance Director Barbara W. Ratcliff, Assistant Finance Director Cheryl B. Shiffler, Risk Manager Jennifer L. Place and Chief Deputy J. Alvin Johnson. Committee Chairman Robert M. Sager was absent. The agenda items are as follows: Reouest from School Finance Director for a School Operatinq Fund Appropriation Transfer in the Amount of $4.662.00 for the Business Department at James Wood Hiqh School - Approved The Committee recommends approval. OL~2 Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the above request 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 The Director of Court Services is Reauestina a Court Services Appropriation Transfer in the Amount of $10.000.00 for Department of Corrections Grant. 1992-93 Budget. Proaram 2116 - Approved The Committee recommends approval. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the above request 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 The Sheriff is Reauestina General Fund Supplemental Appro- priations in the Amount of $440.00 Havina to do with the DARE Proaram - Approved The committee recommends approval. 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 The Director of Division of Court Services is Reauestina a 3 Percent Reduction in His Budaet Due to State Fundina Reductions - Approved The committee recommends approval. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the above request 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 The Sheriff is Requestina a General Fund Supplemental Appropriation of $10.000 for the Purchase of a New Vehicle to Replace a Pontiac Grand Prix that is in Need of Some Maior Repairs - Approved l 043 The Sheriff feels it is feasible to purchase a new vehicle rather than repair existing one which would be quite costly. Over half of total cost of new vehicle will be funded from the proceeds of the Sheriff's Surplus Sale. The committee recom- mends approval. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the above request 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 The Director of Enqineerinq is Requestinq a General Fund Supplemental Appropriation in the Amount of $35.530.83 and Landfill Supplemental Appropriations in the Amount of $498.347.69 from Funds Remaininq FY 91- 92 - Approved The committee recommends approval of carryover only if the budgeted net revenues and expenditures exceed actual net reven- ues and expenditures. In our preliminary financial year end information, these funds are available; therefore, the committee recommends approval. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr. the above request 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 The Parks and Recreation Director is Requesting a General Fund Supplemental Appropriation in the Amount of $8.142.00 - Approved The committee recommends approval only if the budgeted net revenues and expenditures exceed actual net revenues and expend- itures. In our preliminary financial year end information, these funds are available; therefore, the committee recommends approval. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr. the above request was approved. The above motion was passed by the following recorded vote: Richard G. Dick - Aye OL~4 W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye The Vocational School is Reauestina a General Fund Supple- mental Appropriation of $105.00 for the Countv to Donate Two savings Bonds to the Students that Repainted the Gypsv Moth Vehicle - Denied The committee does not recommend approval. Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr. the above committee recommendation was approved: The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Nay James L. Longerbeam - Nay Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye The School Finance Director is Reauestina a School operat- ina Supplemental Appropriation of $30.150.14 for FY 92-93 - Acted Upon Earlier in the Meetina A request for FY 91-92 in the amount of $37,751.53 is also included in the attached memo. This item has been tabled pending further information. (This matter was acted upon earlier.) The General District Court is Reauestina a General Fund Supplemental Appropriation in the Amount of $1.662.50 to Purchase Furniture - Acted Upon Earlier in the Meetina This item was tabled until the August Finance Committee meeting awaiting further information. The City has approved their share of the expenditure. (This matter was acted upon earlier in the meeting.) FINANCE COMMITTEE REPORT (Mta. of AUQUst 12. 1992) The Finance Committee met on Wednesday, August 12, 1992 at 8:00 a.m. in the Frederick County Courthouse. Present were Robert Sager, Committee Chairman; Committee members W. Harrington Smith, Jr.; John Good, Jr.; Natalie Cather Miller; and Raymond C. Sandy. Also present were County Administrator John R. Riley, Jr.; Assistant County Administrator stephen F. Owen; Finance Director Barbara W. Ratcliff; Assistant Director Cheryl B. Shiffler; Risk Manager Jennifer L. Place; School Finance Director Jim Boyd; Administrative Assistant Tom Sulli- van; School Superintendent Tom Malcolm; Director of Assessment 045 Mike Didawick; Judge David Whitacre; and Clerk, General District Court Brenda Vance. The following items required Board action: The General District Court Office is Requestinq a General Fund Supplemental Appropriation in the Amount of $1.662.50 to Purchase Office Equipment - APproved The committee recommends approval. Upon motion made by Robert M. Sager, seconded by w. Harrington Smith, Jr., the above request 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 A School Fund Supplemental Appropriation Request in the Amount of $30.150.14 for a Special Program Funded with Federal Monev - Approved The committee recommends approval. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr. the above request 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 Request from the Schools for Outstandina Purchase Orders in the Amount of $2.281.341.47 - Approved Summary recap of the various funds including construction projects was provided. The committee recommends approval. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the above request 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 The Reqional Airport is Requestinq an Airport Operatinq Supplemental Appropriation of $59.200. Anticipated Revenues were Oriqinallv Understated and Some Unforeseen Maintenance Costs Have Arisen - Approved The committee recommends approval. 046 Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the above request 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 Reouest to Approve List of Outstandino Purchase Orders Reouested bv the County Departments and Agencies. A Summary Recap is Included in the Amount of $375.171.09 - Approved The committee recommends approval. Upon motion made by Robert M. Sager, seconded by w. Harrington Smith, Jr., the above request 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 The Chairman of the Finance Committee is Reouestino a General Fund Supplemental Appropriation in the Amount of $5.000 for Improvements to the Security System of the Judicial Center - Approved This was approved by the Law Enforcement and Courts Commit- tee. The committee recommends approval. (This was acted upon earlier) The Commissioner of the Revenue is requesting supplemental appropriations from funds remaining FY 91-92 in the amount of $19,525.00. See attached memo. However, when budgeted net revenues and expenditures are compared, only $10,742.00 is remaining. I have discussed this with them and they understand that a revenue shortfall left less funds available. This was preliminary information they had not received yet. The commit- tee recommends that any excess funds be carried forward to fund additional personnel that is needed due to the additional workload brought about by proration of personal property taxes. The request for additional personnel will be presented to the Personnel Committee. I" 047 Upon motion made by Robert M. Sager, seconded by w. Harrington Smith, Jr., the above request was approved in part, as noted. 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 The Buildinq Official of the Enqineerinq and Inspections Department is Requestinq a General Fund Supplemental Appropriation in the Amount of $783.10. This Monev is from a 1 Percent State Surcharqe that did not have to be Turned into the Department of Housinq and Communitv Development - Approved The committee recommends approval. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the above request 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 Parks and Recreation is Requestinq a General Fund Supple- mental Appropriation in the Amount of $216.00 from the Surplus Equipment Sale - Approved The committee recommends approval. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the above request 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 A Request to Pav for Archeoloqical Survev in the Amount of $3.7l2.35 - Ap9roved A bill is attached for services completed in FY 92, but too late to pay in FY 92. The Committee recommends a General Fund supplemental appropriation in the amount of $3,7l2.35. FY 92, but too late to pay in FY 92. The committee recom- mends a General Fund supplemental appropriation in the amount of $3,712.35. o L~.8 Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the above request 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 Request for General Fund Supplemental Appropriation in the Amount of $ 575.000 for the 642 Road proiect in Order to Carrv Forward Funds and to Pay the Attached Bill and Future FY 93 Expenditures - Approved The committee recommends approval. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the above request 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 The Economic Development Commission is Reauestina a General Fund Supplemental Appropriation in the Amount of $9.909.88 in Order to Carrv Forward Funds to FY 1993 - Approved The committee recommends approval. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the above request 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 Reauest for General Fund Supplemental Appropriation in the Amount of $509.000 for the Route 37 proiect in Order to Carry Forward Funds and Pav a Current Bill - Approved The committee recommends approval. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr. the above request 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 I l____ 049 q- Request for a $200 General Fund Supplemental Appropriation to Authorize the Expenditure of the Donation in the Drug Proqram - Approved The Committee recommends approval. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the above request 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 The School Board is Submittinq the Attached Resolution for Authorization of $3.820.000 of VPSA Bond Monev - Approved This will be the fourth draw for the construction of Sherando High. The committee recommends approval. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the above request 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 End of Committee Reports BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by Robert M. Sager, seconded by James L. Longerbeam, the Board retired into Executive Session in accor- dance with the Code of Virqinia, 1950, as amended, section 2.l-344,(a)-1 and 7 to discuss legal and personnel. 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 Charles W. Orndoff, Sr., seconded by James L. Longerbeam, 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 050 Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the Board reconvened into regular session, at which time they certified that nothing was discussed in execu- tive session other then what was stated as reason for 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 EVALUATION OF BENNY TYSON. INFORMATION SERVICES DIRECTOR. APPROVED AS SUBMITTED Upon motion made by James L. Longerbeam, seconded by Robert M. Sager, the evaluation of Benny Tyson, Information Services Director was 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 BOARD APPROVES FILLING DISPATCHER POSITION IN SHERIFFS DEPARTMENT Upon motion made by James L. Longerbeam, seconded by W. Harrington smith, Jr., the dispatcher position within the Sheriffs Department may be refilled. 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 RECESSES UNTIL 7:15 P.M. THIS EVENING Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the Board recessed until 7:15 P.M. this date. 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 051 Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye BOARD RECONVENES INTO REGULAR SESSION Chairman Dick called the meeting to order with all members present, with the exception of James L. Longerbeam who came in during the invocation. INVOCATION The invocation was delivered by Reverend M. Eugene Baker, of the Market Street United Methodist Church. GAINESBORO RURITAN CLUB RECEIVES BOARD OF SUPERVISORS AWARD Mrs. Beverly Sherwood announced at this time that she would like to present the Board's second recognition award to the Gainesboro Ruritan Club, and in doing so she noted the many achievements of this club along with the many contributions that they had made to the County of Frederick. Mr. Joe Mccarthy, President and Mr. Doug Mccarthy, Vice President, were present to accept this award on behalf of the Gainesboro Ruritan Club. On behalf of the Ruritan Club, Mr. Mccarthy thanked the Board of Supervisors for this award. PUBLIC HEARING AN AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 9. FINANCE AND TAXATION: ARTICLE IX. UTILITY TAXES: SECTION 9-3. E-911 LOCAL USER FEE: TO RAISE THE E-911 LOCAL USER FEE TO EACH CHESAPEAKE AND POTOMAC TELEPHONE USER FEE FROM 34 CENTS PER MONTH TO 95 CENTS PER MONTH - APPROVED Mr. Riley presented this ordinance amendment request to the Board noting that Mr. Tom Owens, Emergency Services Coordinator, was also present to answer any questions the Board might have. Board members were curious as to how long Mr. Owen thought this increase would be in effect. Mr. Owen replied that it is a little to early at this point to tell how this is going to work out. There was no public input. Upon motion made by W. Harrington Smith, Jr., seconded by James L. Longerbeam, the following ordinance amendment was approved as presented. AN ORDINANCE TO INCREASE THE E-911 LOCAL USER FEE FROM 34t PER MONTH TO 95t PER MONTH 052 WHEREAS, the Frederick County Code, Chapter 9, Finance and Taxation; Article IX, utility Taxes; section 9-3; provides for an E-911 local user fee to be set by the Board of Supervisors by ordinance; NOW, THEREFORE, BE IT ORDAINED, that the E-911 local user fee to each Chesapeake and Potomac Telephone User is hereby increased from 34~ per month to 95~ per month. The purpose of this fee is for the Enhanced 911 Emergency Telephone System. PASSED, this 12th day of August, 1992. 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 AN AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 9. FINANCE AND TAXATION: ARTICLE XII. ASSESSMENT OF CIVIL ACTIONS FILED: TITLE. SECTION 12-1 - IN GENERAL: SECTION 12-2 - PURPOSE: AND 12-7 - EFFECTIVE DATE: TO PROVIDE ASSESSMENT FOR LAW LIBRARY - APPROVED Mr. Riley presented this ordinance amendment. There was no public input. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the following ordinance amendment was approved as presented: AN AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 9, FINANCE AND TAXATION; ARTICLE XII, ASSESSMENT OF CIVIL ACTIONS FILED; TITLE, SECTION 12-1 - IN GENERAL, SECTION 12-2 - PURPOSE; AND 12-7 - EFFECTIVE DATE - TO READ AS FOLLOWS: ASSESSMENT FOR LAW LIBRARY 12-1 IN GENERAL Pursuant to the authoritv qranted bv Section 42.1-70. Code of Virqinia (1950). as amended. there is herebv assessed the sum of two dollars ($2.00) as part of the costs incident to each civil action filed in the courts of the county. This assessment shall be in addition to all other costs prescribed bv law. 12-2 PURPOSE The purpose of the assessment is to provide funding for the establishment and maintenance of a law library. which may be established or continued as a reqional law librarv. pursuant to the provisions of Section 42.1-71. Code of Virqinia (1950). as amended. 12-5 (No Change) (No Change) (No Change) (No Change) 12-3 12-4 12-5-1 053 12-5-2 (No Change) (No Change) 12-6 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 AN AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 9. FINANCE AND TAXATION: ARTICLE XXI. ASSESSMENT OF CRIMINAL AND TRAFFIC ACTIONS FILED: TITLE AND SECTION 21-1 - IN GENERAL: TO PROVIDE ASSESSMENT FOR COURTHOUSE CONSTRUCTION. RENOVATION. MAINTENANCE. ETC. - APPROVED Mr. Riley presented this ordinance amendment. There was no public input. Upon motion made by Charles W. Orndoff, Sr., seconded by Beverly J. Sherwood, the following ordinance amendment was approved as amended. AN AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 9, FINANCE AND TAXATION; ARTICLE XXI, ASSESSMENT OF CRIMINAL AND TRAFFIC ACTIONS FILED; TITLE AND SECTION 21-1 TO READ AS FOLLOWS: ASSESSMENT FOR COURTHOUSE CONSTRUCTION. RENOVATION. MAINTE- NANCE. ETC. 21-1 IN GENERAL In accordance with Section 14.1-133.2, Code of Virgin- ia (1950), as amended, there is imposed an assessment of two dollars ($2.00) upon each civil. criminal and traffic action filed in the circuit or district courts of the countv. The assessment provided shall be in addition to all other costs prescribed by law. 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 COMMISSION BUSINESS: Public Hearinq Conditional Use Permit 1007-92 of John E. Merrill for an for an Off-Premise sian. This PrO'Pertv is Located in the Revnolds Store Area. North of Alkire' s Store. on the West Side of Route 522. in the Gainesboro District and is Identified as GPIN 600000A000075A. - Approved Mr. Wayne Miller, Zoning Administrator, appeared before the Board to present this CUP request and noted that the Planning commission and staff recommended approval with conditions. 054 Mrs. Sherwood stated that she would be abstaining from any discussion or vote on this CUP request inasmuch as she owned property that adjoined this property. Mr. William Haisley, member of the Board of Directors of the Reynolds Store Volunteer Fire Department, stated that the Board had unanimously recommended approval of this request. Upon motion made by W. Harrington smith, Jr., seconded by Charles W. Orndoff, Sr,. the above CUP request for John E. Merrill 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 - Abstained Charles W. Orndoff, Sr. - Aye End of Public Hearinqs. Conditional Use Permit 1008-92 of John M. and Kristi C. Riqqleman (T/A Ellie's Bridal Consultation) for Consulta- tion Services. This PrO'Pertv is Located Three Miles North of Winchester on Route 522 North. in the Gainesboro Dis- trict. and is Identified as GPIN 410000A0000990 - A'P'Proved Mr. Miller presented this CUP request noting that the Planning Commission and staff recommend approval with condi- tions. There was no public input. Upon motion made by Beverly J. Sherwood, seconded by Robert M. Sager the approve CUP for John M. and Kristi C. Riggleman 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 Pro'Posed Amendments to Cha'Pter 21. Zoninq. of the Frederick County Code: Article XIII. Flood Plain District: Article XVII. Nonconforminq Uses: Article XVIII. Board of Zoning A'P'Peals and Article XIX. Definitions - A'P'Proved Mr. Kris Tierney appeared before the Board to present this proposed amendment. There was no public input. 055 Upon motion made by W. Harrington Smith, Jr., seconded by Beverly J. Sherwood, the above proposed amendments to Chapter 2l Zoning, of the Frederick County Code were 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 (A copy is on file in the Office of the County Administra- tor. ) ANNUAL CONDITIONAL USE PERMIT REVIEW Mr. Miller presented this information on conditional use permits to the Board, noting that all CUP's are in their correct magisterial district. 014-81 010-86 012-89 016-90 Conditional Use Permits To Be Eliminated william D. & Charlotte A. Payne - Small Engine Repair Shop on Route 522S Re: Mr. Payne is deceased and Mrs. Payne (now remarried) advised that use will not be restarted. Charles & Fay Grady - Kennel on Route 625 Re: Use discontinued - Grady's are applying for a new permit at another location. Gary & Delores Middleton - VCR repair business Re: Have moved to Winchester and requested cancellation of this permit. Christopher Chisolm & stephanie Slonaker - Dog Grooming Facility Re: Applicants have moved to another state and the permit is no longer required. Beverly J. Sherwood, the above CUP elimination list was ap- Upon motion made by James L. Longerbeam, seconded by proved. Permit NUlIIber 007-74 040-75 023-78 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 Name Route Number Shawnee District Orrlick cemetery - cemetery 656 Boyd Unger - Gift Shop 5228 Charles W. Bush - Bookkeeping 779 056 011-79 024-79 025-79 001-81 002-81 008-81 007-82 008-82 005-83 001-85 005-85 007-85 012-85 004-86 005-86 009-86 006-87 002-89 006-89 010-89 018-89 020-89 003-90 009-90 012-90 019-90 002-91 010-91 033-74 Ervin D. & Margie Nates - Home Occupation/ Day Care Dr. Robert Kapp - Replace Mobile Home Powlen Equipment Co. - Construction Equipment Distribution and Sales Gary A. Wygal - Income Tax Service Robert Ziegler, Inc. - Off site Sign Wesley L. Spangler - Antique Shop Stephen & Sue Culbert - silk Flower Arranging Gilbert C. Mills - Sawmill Michael D. Hockman - Ambulance Service John W. H. & Gloria M. Collins - Public Garage David E. & Nancy M. Ritter - consignment Shop Timber Ridge Ministries, Inc. - Radio station Raymond W. Davis, Jr. - clothing Ronald M. Mowbray - Mobile Home Orville R. Comer - Excavation Business Charles A. Mercer - Gas Pumps R. Thomas & Carolyn G. Malcolm - Beauty Shop Thomas J. Gillespie - Auto Repairs Kathryn M. Perry - Open Mine Shale pit Nicholas P. Turner - Landscape & Lawn Service Lake Centre (Dave Holiday) - Day Care Facility Ann Riddle - Beauty Parlor Mariette Zucchi - Day Care Center Edwin & Laura Stewart - Wood Craft Business Warren D. Golightly - Tax and Bookkeeping Service Office Michelle Brogger - catering Service Larry A. Welsh - Public Garage with Body Repair John Murtagh - Office Back Creek District Earl Armel - Mobile Home Park 657 Dodge Avenue 728 744 7E 50E 657 522S 5228 645 1225 522S 522S 642 5228 7E 657 5228 50E 645 642 644 5228 50E 723 847 645 645 608 050-75 068-76 004-77 005-77 006-77 018-78 022-78 012-79 015-79 021-79 003-80 008-80 010-80 020-80 022-80 025-80 009-81 013-81 016-82 002-84 012-86 011-87 005-88 006-88 008-88 003-89 011-89 001-90 006-90 008-90 Dowling Co., Inc. - Off site Sign Betty Peacemaker - Beauty Shop Emory Wilson - Small Engineer Repair James K. Cornell, Battle of Cedar Creek Campground Ralph W. Poe - Campground Francis & Helen Kowalski - Antique Shop Round Hill Ruritan Club - Sign Alfred L. & Annie Jane Hicks - Wheel Balancing Shop Loring R. Nail - Lawnmower Sales Ralph W. Poe - Campground, Motorhome, Trailer Sales Albert & Sandra Poore - Public Garage Melvin E. Nail - Fix-It Shop Ralph & Veronica Machotka - Sign Shop M. Lucy Luttrell and Ruth A. Whetzel - Antique Shop Thomas & Barbara Conrad - Convalescent and Nursing Home Robert S. Hawkins - Public Garage Margaret Brown - Beauty Shop Patricia A. Abbott - Beauty Shop John H. Wert - Gas station Raymond R. Lickliter, Sr. - Kennel John o. Hahn - Re-establish a Legal Nonconforming Use Ann Marie Beach - Beauty Salon Raymond E. Brill - Sand Mine Gary Ray Hunt - Motorcycle Repair and and Sales Steven P. Williams - Equipment Sales Keplinger Repair Service - Garage and Repair Facility Richard L. & Margaret Goodwin - Public Garage Roy & Patricia Beatty - Garage with Body Repair Gregory Investments - Recreational Facility/Golf Driving Range Cacapon Valley Child Care Center - Community Center/Child Care 057 11S 628 652 11S 1317 50W 50W 628 50W 50W 600 614 621 628 11S 622 652 616 115 611 621 652 603 50W 50W 654 50W 115 118 50W/ 704 058 011-90 015-90 001-91 003-91 006-91 007-91 008-91 011-91 018-74 019-74 034-75 020-78 004-80 019-80 024-80 012-83 006-85 003-86 013-87 014-87 016-87 017-89 017-90 010-74 002-78 006-78 009-78 010-78 Allen E. Rogers - Lawn Care Office and Warehouse Kenneth D. & Theresa Kovack - Office and workshop Clifton Brill - Fish Hatchery Marietta & Kim Walls - veterinary Office and Hospital Alice v. Burleson - silk Flower Arrangements Charles Munneke - Off Premise Sign Ray George - Machine Shop Larry Earhart - Truck Repair Service ODeauon District Ray vanDyke, T. G. Adams - Forest Lake Mobile Home Park Leslie Mogle - Bike Shop National Trust for Historic Preservation - Mobile Homes James L. & Donna Powell - Auto Repair and Body Shop Ernest C. Layman - Public Garage Richard J. SCherzinger - Small Engineer Repair Lawrence Johnson - Shoe Repair Shop James Lofton - CB Repair & Install Iva H. Petre - Grocery Store Richard S. Russell - Used Care Display Holiday Motel - Motel Sin Roger L. Mogle - Small Engine Repair Harry A. Downard - Farm Supply Sales Richard A. Keeler - Convenience Store White Oak Trading Post - Country Store and Campground Gainesboro District Frederick county Fruit Growers - Ag. Workers Housing Lake Holiday country Club - sign Edward T. & Carol B. Place - Auction House Joseph A. Helsley - Auction House Jack and Donna Black - Fruit Market 620 1041 604 622 Shawnee land 11S 600 631 636 647 727 11S 11S 179 Meadow 277 277 11S lIS 11 & 627 647 842 11S & 634 277 522N 522N 654 690 50W 001-79 005-80 011-80 005-81 018-81 010-82 015-82 018-82 010-83 006-84 007-84 004-85 008-85 002-86 007-86 008-86 002-87 004-87 009-87 010-87 012-87 017-87 018-87 003-88 007-88 011-88 001-89 004-89 005-89 013-89 059 Robert E. DeHaven - Country Grocery 522N Wayne & Betty J. Kerns - Public Garage 692 Charles W. Omps (Ralph poe) - Off site Sign 50W Charles A. Strother, Sr. - Used Car Parts and Sales 654 Elmer H. Lauck - Public Garage 522 Joseph S. & Lynda DuBose - Garage Farm Equipment and Auto Repair 522N Peter G. & Crystal M. Dassler - Construction & Sales of Utility Bldgs. 50W Jacob PUffenberger - Public Garage 696 Talbert F. DeHaven, Jr. - Gun Shop 608 Phillip E. Wine - Public Garage 692 Shenandoah Valley oil Co. - Service station 522N Glenn C. Whitacre - Sawmill, Type B 127 Charles E. Cochran, Jr. - Small Engine Repair/outdoor Equipment Sales 654 Kenneth Reed, Jr. - sign Fox Dr. Ronald J. DeHaven - Public Garage 522N Robert & Jeanne Spaid - Antique Shop 50W Janet Bissell - Dog Kennel 522N Wray D. & Darlene T. Kimmel - Boarding Kennel 522N Lloyd R. Renner - Off Premise Sign 522N C. Joe Lizer - Off Premise Sign 522N ADG, Inc. - Commercial Outdoor Recreation Center "AKA" 694 Douglas L. Owens - Country General Store/ Gas/Pumps/Private Residence 50W Theodore P. Hoover - Public Garage and Body Shop 654 Westminster-Canterbury - Sign 522N Ronald E. Gordon - Automobile Repair 789 Holt Corporation - Radio station 50W Charles & Nancy Thompson - Garden Supplies and Rentals 739 William E. Gill - Heating and Air Conditioning Business 852 John E. & Delphia J. Shelly - Retail Sales and Groceries 522N Richard Dale & Merle D. Kerns - Country 600/ General Store 690 060 014-89 007-90 018-90 004-91 005-91 009-91 012-91 013-91 026-74 055-76 009-77 014-78 017-78 019-78 003-79 004-79 005-79 010-79 017-79 016-81 003-82 005-82 020-82 002-83 003-83 004-83 008-83 004-84 008-84 009-84 002-85 009-85 Robert R. Sheehan, Jr. - sign Shop Roger Lee Jenkins - Auto Repair Garage Ernest W. Creek - Public Garage Luther H. Combs - Auto Repair w/o Body Repair Leda J. Lizer - Beauty Salon otis Goodwin - "Outreach to Asia" Office Roger & Betty DeHaven - Well Drilling Business Dick Ballenger - Off Premise Sign stonewall District Stanford & Inge Co. - Off site sign National Advertising Co. - Sign Margaret A. Carter - Beauty Shop Marcus W. Reid - Antique Shop Frederick County Fair Association - camping, etc. Linwood Heironimus, Jr. - CB/Scanner and Misc. Sales union Hall, IAMAW Local 2335 - Union Hall Eston L. Keeler - Antique Shop Eston L. Keeler - Sign David Grim - Home Occupation/Photography Denny's Inc. - Off site Sign Bernard & sally Mcclung - Model Home Jerry & Cathy Harris - TV/video Rental Lloyd & Carolyn Roberts - Beauty Shop Joseph C. Smith - Commercial sign Glenwood Nicholson - Sign Chester S. Webber - Small Engine Repair Marvin D. Hoffman - Saw Sharpening Shop R. D. Brown (Bauserman Oil) - Off site Signs Wayne M. Brandt, III - Welding Shop Nerangis Enterprises, Inc. - Off site Sign Merle L. & Mary A. Swartz - Candy Making and Sales Charles W. & Adriennel L. Schnabel Art Studio Nansford, Houston, DeWeese - Small Woodstain 50W 608 701 654 789 522N 682 522N 11 & I-81 7 & I-81 661 672 11N 672 11N 672 672 11N 7E 739 661 1208 11N 522N 661 721 I-81 664 11N 11N 670 013-85 001-86 013-86 007-87 008-87 004-88 013-88 008-89 019-89 002-90 004-90 005-90 020-90 014-91 061 Packaging Greenfield Roger Fitzwater - Public Garage Warner Cheryl L. Anderson - Kennel Amended: 10/24/90 Expansion Joseph C. Smith - Group Adult Retirement Home 836 7E Regency Lake Associates - Off site Sign Regency Lake Associates - Off site Sign 7E 7E Joseph C. Smith - Adult Home 7E Cheryl Anderson - Off Site sign 11N & 836 Health Equity Resources of Winchester, Inc. - Addition to Personal Care Home 1025 PA Avenue Joanne R. Happ - Art studio 661 Carl C. Ay, Jr. - Colonial Farms Nursery 11N Shirley Wilson - cottage Occupation and Sign 11N Winchester Skating Center - Off Premise Sign 7E vickie Patterson - Artist Studio 670 Robert & Mary Turben - Locksmith 522N of business. Mr. smith stated that number 025-79 in his district was out Mr. Miller stated that he would check into this and take the necessary steps to have it removed from the list. Mr. Dick asked Mr. Miller to bring the Board up to date on CUP #009-90 of Roy & Patricia Beatty. Mr. Miller stated that at one time this property was located in Opequon District, but due to redistricting it was now in Back Creek District. At this time Mr. Miller informed the Board of all that has transpired with this CUP from the time it was approved by the Board on March 28, 1990. compliance with all the conditions. Mr. smith asked Mr. Miller if Mr. & Mrs. Beatty were in Mr. Miller replied, yes. Mr. William pfhal appeared before the Board at which time he stated that he was opposed to this permit in its present form. He further stated that he felt the slab of concrete is too 062 large, which means when it rains the water flows freely down this concrete and on to his property which he is opposed to. Mr. Ed Nicholson, Jr. stated that he lives in this area and has for some 32 years and as far as he is concerned Mr. Pfhal lives in a flood plain area. Mr. Miller stated that the Beatty property is not in a flood plain area. Mrs. Dorothy Nicholson stated that the property that is currently owned by Mr. Pfhal flooded before anything was built by Mr. Beatty and his building a garage has nothing to do with the fact that Mr. Pfhal's property floods. Mr. Frank Weller, Chief of the stephens City Fire Depart- ment stated that he could not address the flood problems, but he would like for the Board to know of all that Mr. Beatty has done to help the stephens City Fire Department by donating all of his time when it has been necessary for him to work on any equipment belonging to the fire department, and he would hate to see this business closed down. Mr. George Snarr, local attorney representing Mr. & Mrs. Beatty, asked Mr. Ron Mislowsky, of G. W. Clifford and Associ- ates, if there was anything he could add to what Mr. Miller said earlier. Mr. Mislowsky stated that he did do a preliminary evalua- tion based on the topography they had, and there is more run off naturally, and the major drainage way that drains this thirteen acres actually runs around the impervious area that Mr. Beatty has constructed, which means that Mr. Beatty's development has very little to do with, except to add a little bit of flow it does nothing to accelerate or decrease or in any other way affect the drainage that comes down through the other area. Mr. smith asked Mr. Mislowsky if in his professional opinion this was within limits. Mr. Mislowsky replied, yes. Ms. Elizabeth Rust Williams, attorney representing Mr. Pfhal, appeared before the Board at which time she directed a number of questions to Mr. Miller through Mr. Dick. 063 There was no further public input. Upon motion made by James L. Longerbeam, seconded by W. Harrington Smith, Jr., CUP #001-90 of Roy & Patricia Beatty is hereby renewed. 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 James L. Longerbeam, seconded by W. Harrington Smith, Jr., the remaining list of CUP'S located in Back Creek District were 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 GAINESBORO DISTRICT CUP' S APPROVED The list of CUP'S for Gainesboro District were approved as submitted and there was no public input. Upon motion made by Beverly J. Sherwood, seconded by Charles W. Orndoff, Sr., the Gainesboro District CUP'S were 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 OPEQUOH DISTRICT CUP' S APPROVED The list of CUP's for Opequon District were approved as submitted and there was no public input. Upon motion made by Robert M. Sager, seconded by Beverly J. Sherwood, the Opequon District CUP'S were 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 Ot?4, SHAWNEE DISTRICT CUP' S APPROVED The list of CUP'S for Shawnee District were approved as submitted and there was no public input. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the Shawnee District CUP'S were 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 STONEWALL DISTRICT CUP' S APPROVED Mr. Dick asked Mr. Miller to give the Board the background on CUP #002-90 of Carl C. Ay, Jr., Colonial Farms Nursery. Mr. Miller explained that this CUP was originally approved by the Board on March 7, 1990, and that the applicant is in complete compliance with the permit. Mrs. James McGregor, adjoining neighbor, appeared before the Board and explained that she did not feel that Mr. Ay had complied with all the conditions as spelled out by the Planning commission and approved by the Board of supervisors, especially the conditions dealing with screening. She further explained that the southern boundary of this nursery is near their proper- ty line and she is not at all satisfied with the screening in this area. Mr. James McGregor appeared before the Board stating that he did not feel the condition as spelled out by the Planning Commission wherein it stated "solid screen" had been done, as it was their understanding that the screening would be evergreens, and even though some had been planted there were not nearly enough. Mr. McGregor asked that the Board direct Mr. Ay, as part of the original condition, to plant more evergreens. Mr. Carl Ay appeared before the Board at this time and presented pictures that he had taken which he felt showed exactly what he had done to screen his nursery as had been the directive of the Planning Commission and Board of supervisors. Mr. Sager asked when the pictures were taken. Mr. Ay replied last week. l~ 065 Mr. Dick stated that he had visited the site, and even though he realized the area has a lot of limestone, which makes planting more difficult, he did feel that more evergreens were needed in order to screen the nursery as it should be. Mr. Orndoff stated that there was no way anything could be planted in the old roadbed. Mr. Longerbeam stated that he felt an opaque fence would be the answer. Mr. Orndoff asked Mrs. McGregor exactly what Mr. Ay would have to do in order to satisfy she and her husband. Mrs. McGregor replied, plant evergreen trees from the street back to the pond. At this time Mr. Orndoff moved to approve the renewal of Mr. Ay's conditional use permit. Mr. Longerbeam seconded the motion. Mr. Sager explained that he had not had a chance to actual- ly look at the property and would like to do so. Mr. Dick stated that the Board had had this information for some time, and he felt they needed to act on it at this meeting. Mr. Orndoff asked if the condition said just "screening" or did it spell out what type. Mr. Tierney stated that he felt it depends on interpreta- tion. Mr. Dick asked if staff felt adequate screening was in place. Mr. Miller replied yes. The above motion was passed by the following recorded vote: Richard G. Dick - Nay 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 Charles W. Orndoff, Sr., seconded by Robert M. Sager, the remaining CUP'S in stonewall District were 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 066 Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye End of Planning Commission Business. UPON MOTION HADE BY CHARLES W. ORNDOFF, SR., SECONDED BY ROBERT M. SAGER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE BOARD, THE MEETING WAS ADJOURNED. ~,~ ~------ ... ~"~~",."""'- of Supervisors