HomeMy WebLinkAboutDecember 12 2007 Regular Meeting140
A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday,
December 12, 2007 at 7:15 P.M., in the Board of Supervisors' Meeting Room, County
Administration Building, 107 North Kent Street, Winchester, Virginia.
PRESENT
Chairman Richard C. Shickle; Vice Chairman Gene E. Fisher; Charles S. DeHaven, Jr.; Gary
W. Dove; Bill M. Ewing; Philip A. Lemieux; and Barbara E. Van Osten.
CALL TO ORDER
Chairman Shickle called the meeting to order.
INVOCATION
Reverend Philip Roby, People's Country Church, delivered the invocation.
PLEDGE OF ALLEGIANCE
Vice-Chairman Fisher led the Pledge of Allegiance.
Chairman Shickle recognized the leaders and members of Boy Scout Troop # 14, who were
in attendance as part of their citizenship badge requirement.
ADOPTION OF AGENDA -APPROVED AS AMENDED
County Administrator John R. Riley, Jr. added a closed session following the Board
Supervisors' comments at the end of the meeting.
Chairman Shickle added a resolution to be considered under Board of Supervisors'
comments at the end of the meeting.
Upon a motion by Supervisor Dove, seconded by Supervisor Ewing, the Board approved the
agenda as amended.
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
CONSENT AGENDA -APPROVED
Administrator Riley offered the following items for the Board's consideration under the
consent agenda:
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Board of Supervisors Regular Meeting of 12/12/07
141
-Public Works Committee Report -Tab G;
-Parks and Recreation Commission Report -Tab F.
Upon a motion by Supervisor Dove, seconded. by Supervisor Ewing, the Board approved the
consent agenda by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
CITIZEN COMMENTS
There were no citizen comments.
BOARD OF SUPERVISORS COMMENTS
There were no Board of Supervisors' comments.
MINUTES -APPROVED
Upon a motion by Supervisor Dove, seconded byVice-Chairman Fisher, the Board approved
the minutes from the November 14, 2007 meeting by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Ayc
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
Upon a motion by Supervisor Van Osten, seconded by Supervisor Ewing, the Board
approved the minutes from the November 28, 2007 special meeting by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. F,wing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
COUNTY OFFICIALS
EMPLOYEE OF THE MONTH AWARD FOR DECEMBER, 2007 (RESOLUTION
#028-071- APPROVEll
Upon a motion by Supervisor DeHaven, seconded by Supervisor Van Osten, the Board
approved the resolution recognizing Darlene L. Foreman as the Frederick County Employee of the
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142
Month for December 2007.
RESOLUTION TO RF,COGNIZE THE FREDERICK COUNTY
EMPLOYEE OF THE MONTH
Darlene L. Foreman
WHF,REAS, the Frederick County Board of Supervisors recognizes that the County's
employees are a most important resource; and
WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which
established the Employee of the Month award and candidates for this award may be nominated by
any County employee; and
WHEREAS, the Board of Supervisors selects one employee from those nominated, based
on the merits of outstanding performance and productivity, positive job attitude, and other
noteworthy contributions to their department and to the County; and
WHEREAS, Darlene L. Foreman, who serves as an Animal Caretaker with the Esther Boyd
Animal Shelter was nominated for Employee of the Month; and
WHEREAS, Darlene L. Foreman is deserving of special recognition for her outstanding care
of the Shelter animals. During the dogs' training club Halloween party, Darlene went out of her way
and took the extra time to make bandanas for all of the shelter dogs, which resulted in positive
feedback from the County citizens and supports the Shelter's positive atmosphere; and
NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of Supervisors
this 12th day of December, 2007, that Darlene L. Foreman is hereby recognized as the Frederick
County Employee of the Month for December, 2007; and
BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to Darlene
L. Foreman for her outstanding performance and dedicated service and wishes her continued success
in future endeavors; and
BE IT FURTHER RESOLVED, that Darlene L. Foreman is hereby entitled to all of the
rights and privileges associated with this award.
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
COMMITTEE APPOINTMENTS
APPOINTMENT OF JACK ALKIRF. AS FREDERICK COUNTY
REPRESENTATIVE TO THE CHAPTER 10 BOARD -APPROVED
Upon a motion by Supervisor DeHaven, seconded by Supervisor Van Osten, the Board
appointed Jack Alkire to fill the unexpired term of Daniel J. Hesse, Jr. as Frederick County
representative on the Chapter 10 Board. This is a three year appointment, said term to expire
December 31, 2009.
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Board of Supervisors Regular Meeting of 12!12/07
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The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
NOMINATION OF R. K. SHIRLF,Y. III, AS OPEOUON DISTRICT
REPRESENTATIVE TO THE BOARD OF ZONING APPEALS -APPROVED
Upon a motion by Supervisor Ewing, seconded by Supervisor Lemieux, the Board nominated
R. K. Shirley, III, as Opequon District Representative on the Board of Zoning Appeals. This is a
five year appointment, said term to expire December 31, 2012.
"1'he above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
REAPPOINTMENT OF RHODA KRIZ AS GAINESBORO DISTRICT
REPRESENTATIVE ON THE EXTENSION LEADERSHIP COUNCIL -
APPROVF.D
Upon a motion by Supervisor Dove, seconded by Supervisor Van Osten, the Board
reappointed Rhoda Kriz as Gainesboro District representative on the Extension Leadership Council.
This is a four year appointment, said term to expire January 26, 2012.
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Ayc
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
REAPPOINTMENT OF GEORGE J. KRIZ AS GAINESBORO DISTRICT
REPRESENTATIVE ON THE PLANNING COMMISSION -APPROVED
Upon a motion by Supervisor Dove, seconded by Vice-Chairman Fisher, the Board
reappointed George J. Kriz as Gainesboro District representative on the Planning Commission. This
is a four year appointment, said term to expire January 26, 2012.
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Board of Supervisors Regular Meeting of 12/12/07
144
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
REAPPOINTMENT OF PAUL W. HILLYARD. III. AS GAINESBORO DISTRICT
REPRESENTATIVE ON THE PARKS AND RECREATION COMMISSION -
APPROVED
Upon a motion by Supervisor Dove, seconded by Supervisor Lemieux, the Board reappointed
Paul W. Hillyard, III, as Gainesboro District representative on the Parks and Recreation
Commission. This is a four year appointment, said term to expire February 13, 2012.
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
APPROVED
Administrator Rilcy advised the Commissioner of the Revenue requested a refund in
amount of $3,354.79 for Ford Motor Credit Company. The County Attorney reviewed same
indicated a refund appeared to be appropriate.
Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board
the above requested refund.
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
ACCESS APPLICATION FOR ALBAN TRACTOR - APPROVEll
Administrator Riley advised this was a request for funding through the State's
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Board of Supervisors Regular Meeting of 12/12/07
145
Access Funding Program. He stated that Alban Tractor purchased property located in Frederick
County, north of Winchester and south of Route 669, and entered into a firm contract to construct
its facilities on that property for the purpose of manufacturing new truck and heavy equipment
components, remanufacturing parts and new truck and heavy equipment components, and some
repairs of new truck and heavy equipment components. The new facility is expected to involve new
private capital investment in land, building, and equipment of approximately $8.05 million and is
expected to provide 75 new jobs. He concluded by saying VDOT estimated $226,000 would be
required to complete the work, including contingencies and CEI; and would include surface asphalt,
shoulder work, 675' of paved ditch, guardrail, fine grading, and seeding.
Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved
the resolution of support for economic development access application for Alban Tractor.
WHEREAS, Alban Tractor has purchased property located in Frederick County, north of
Winchester and south of Route 669, and has entered into a firm contract to construct its facilities on
that property for the purpose of manufacturing of new truck and heavy equipment components,
remanufacturing of parts & of new truck and heavy equipment components and some repairs of new
truck and heavy equipment components; and
WHEREAS, this new facility is expected to involve new private capital investment in land,
building, and equipment of approximately $8.05 million and Alban Tractor is expected to employ
75 persons at this facility; and
WHEREAS, operations are expected to begin at this new facility on or about October, 2008;
and
WHEREAS, the subject property has no access to a public street or highway and will require
the construction of a new roadway to connect with Rest Church Road (Route 669); and
WHEREAS, Frederick County hereby guarantees that the necessary environmental analysis,
mitigation, and fee simple right of way for this improvement and utility relocations or adjustments,
if necessary, will be provided at no cost to the Economic Development Access Fund; and
WHE1tEAS, Frederick County acknowledges that the State Environmental Review Process
(SERF) must be completed prior to any construction activity on this project as a condition of the use
of the Economic Development Access Fund; and
WHEREAS, Frederick County hereby guarantees that all ineligible project costs and all
costs not justified by eligible capital outlay will be provided from sources other than those
administered by the Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED that the Frederick County Board of Supervisors
hereby requests that the Commonwealth Transportation Board provide Economic Development
Access Program funding to provide an adequate road to this property; and
BF, IT FURTHER RESOLVED that the Frederick County Board of Supervisors hereby
agrees that the new roadway so constructed will be added to and become a part of the secondary
system of state highways.
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Board of Supervisors Regular Meeting of 12/12/07
146
ADOPTED this 12th day of December 2007.
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Ayc
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
COMMITTEE REPORTS
PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER
CONSENT AGENllA
The Parks and Recreation Commission met on November 20, 2007. Members present were:
Robert Hartman, P.W. Ilillyard, III, Larry Sullivan, Martin Cybulski, Ronald Madagan, Charles
Sandy, Jr., Jeffrey Butler, and Philip Lemieux.
Items Requiring Board of Supervisors Action:
1. Frederick Count~National Little League Request - Mr. Madagan moved to use
proffer monies for improvements to the Sherando Park baseball field backstops, second by Mr.
Sandy, carried unanimously (7-0).
Submitted for Board Information Only:
1. FY 2008-2009 Budget Request - Mr. Sandy moved to accept the Department's operating
budget request for 2008-09, second by Mr. Hartman, carried unanimously (7-0).
Mr. Sandy moved to accept the Department's capital budget request for 2008-09, second by
Mr. Hartman, carried unanimously (7-0).
Standing Committee Reports
1. None
PUBLIC WORKS COMMITTEE REPORT -APPROVED iJNDER CONSENT
AGENDA
The Public Works Committee met on Tuesday, November 27 2007 at 8:00 a.m., at 8:00 a.m.
All members were present except Bob Wells.
***Items Not Requiring Action***
The entire meeting was centered on the discussion of the proposed Fiscal Year 2008/2009
budget. A brief summary of the budget is attached. The Director of Public Works presented each
individual budget, separately, to allow for specific questions. These individual presentations
included references to revenue, possible changes in fees, increases in certain expenditures and
reduction in staff. This draft budget was presented as information only to enlist comments for
incorporation into the final budget submittal to the Finance Department.
FINANCE COMMITTEE REPORT
The Finance Committee met in the Board of Supervisors' Meeting Room at 107 North Kent
Street on Wednesday, November 28, 2007 at 8:00 a.m. All members were present. Items 1, 2, and
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Board of Supervisors Regular Meeting of 12/12/07
147
7 were approved under consent agenda.
Upon a motion by Supervisor Ewing, seconded by Supervisor lleHaven, the Board. approved
the consent agenda.
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
1. The Social Services Director requests a General Fund supplemental appropriation in the
amount of $32,700. This amount represents the State share that was not included in the budget
request last month. The $70,300 in local funds has already been approved. See attached memo, p.
1. -Approved Under Consent Agenda
2. The Sheriffrequests aGeneral Fund supplemental appropriation in the amount of $2,500.
This amount represents $150 in donations and $2,350 in a reimbursement for prisoner transport. No
local funds are needed. See attached memos, p. 2-4. -Approved Under Consent Agenda
3. The Sheriff requests a General Fund supplemental appropriation in the amount of
$55,629. This amount represents the salaries and fringes (7 months) for two additional court
security deputies approved by the State Compensation Board. Of this amount, $54,296 will be
reimbursed from the Comp Board and $1,333 are local funds needed. See attached memo, p. 5-7.
The committee recommends approval. -Approved
Upon a motion by Supervisor Ewing, seconded by Vice-Chairman Fisher, the Board
approved the above request by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DelIaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
4. The Sheriff requests a General Fund supplemental appropriation in the amount of
$30,823. This amount represents the replacement of duty weapons. Local funds are needed. See
attached memo, p. 5-6. The committee recommends approval. -Approved
Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the Board
approved the above request by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
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Board of Supervisors Regular Meeting of 12/12/07
148
5. The Winchester Regional Airport Director requests an Airport Capital Fund
reappropriation in the amount of $1,068,266. This amount represents projects that were either in
progress or did not begin in FY 2007since all State/Federal funds were not secured. See attached
memo, p. 8-9. The committee recommends approval. -Approved
Upon a motion by Supervisor Ewing, seconded by Vice-Chairman Fisher, the Board
approved the above request by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
6. The Winchester Regional Airport requests a General Fund supplemental appropriation
in the amount of $25,792. This amount represents Frederick County's share of the requested
$1,068,266 in capital projects. See attached memo, p. 8-9. The committee recommends approval.
- Approved
Upon a motion by Supervisor Ewing, seconded by Vice-Chairman Fisher, the Board
approved the above request by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeIIaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
7. The Director of Public Works requests a General Fund supplemental appropriation in the
amount of $4,752.06. This amount represents insurance proceeds for a damaged shed at the
Greenwood Citizens' Convenience Site. No local funds are required. See attached memo, p. 10. -
Approved Under the Consent Agenda.
8. The Director of Fire & Rescue requests a General Fund supplemental appropriation in
the amount of $5,344. This amount represents interest accrued on funds from the 2004 State
Homeland Security Grant Program. Local funds are required. See attached memo, p. 11-13. The
committee recommends approval. -Approved
Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved
the above request by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
9. "I'he Assistant County Administrator requests a General Fund supplemental appropriation
in the amount of $47,117. This amount represents part time help and one additional full-time
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Buard orSupervisurs Regular Meeting of 12/12/07
149
custodian at the Public Safety Building. Local funds are required. See attached memo, p. 14-15.
The committee recommends approval of $37,117 with the remaining $10,000 tabled until needed
in the line item. -Approved
Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved
the above request by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
10. The Treasurer requests a General Fund supplemental appropriation in the amount of
$100,000. This amount represents additional funds needed for DMV stops, which are recovered
from the taxpayer when taxes are paid. See attached memo, p. 16. The committee recommends
approval. -Approved
Upon a motion by Supervisor Ewing, seconded by Supervisor DeHaven, the Board approved
the above request by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Ayc
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
11. The Director of Public Works requests a General Fund supplemental appropriation in the
amount of $164,900. This amount represents funds needed to purchase the Smeltzer property for
the Gore Citizens' Convenience site. Local funds are required. See attached memo, p. 17. The
committee recommends approval. -Approved
iJpon a motion by Supervisor F,wing, seconded by Supervisor Dove, the Board approved the
above request by the following recorded vote:
Richard C. Shickle
Gene E. Fisher
Charles S. DeHaven, Jr
Vary W. llove
Bill M. Ewing
Philip A. Lemieux
Barbara E. Van Osten
Aye
Aye
Aye
Aye
Aye
Aye
Aye
***For Information Only***
1. The Finance Director provides a fund balance report. See attached memo, p. 18.
PUBLIC HEARING
PUBLIC HEARING - AMENDMENT TO THE 2007-2008 FISCAL YEAR BUDGET -
PURSUANT TO SECTION 15.2-2507 OF THE CODE OF VIRGINIA, ,1950, AS
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Board of Supervisors Regular Meeting of 12/12/07
50
AMENDED, THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING
TO AMEND THE FISCAL YEAR 2007-2008 BUDGET TO REFLECT: SCHOOL
CONSTRUCTION FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT
OF $19,200,000.00. THIS AMOUNT REPRESENTS FUNDS NEEDED FOR THE
COMPLETION OF THE 12TH ELEMENTARY SCHOOL - (RESOLUTION #029-
07)- APPROVED
Administrator Riley advised this was a public hearing to amend the fiscal year 2007-2008
budget in the amount of $19,200,000.00 to fund the completion of the 12th elementary school.
Chairman Shickle convened the public hearing.
There were no public comments.
Chairman Shickle closed the public hearing.
Upon a motion by Supervisor Lemieux, seconded by Supervisor Ewing, the Board approved
the budget amendment.
WHEREAS, the Frederick County Board of Supervisors, meeting in regular session and
public hearing held on December 12, 2007, took the following action:
NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY
2007-2008 Budget be Amended to Reflect:
School Construction Fund Supplemental Appropriation in the Amount of $19,200,000.00.
This Amount Represents Funds Needed for the Completion of the 12th Elementary School.
ADOPTED, this 12th day of December, 2007.
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Ayc
Barbara E. Van Osten Aye
PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY
CODE, CHAPTER 48, ANIMALS AND FOWL, ARTICLE I, DOG LICENSING•
RABIES CONTROL. THE PROPOSED CHANGES WILL EFFECT THE
LICENSING PERIOD, A REDUCED FEE SCHEDULE FOR SPAYED AND
NEUTERED ANIMALS, AND WILL BRING THE COUNT CODE INTO
CONFORMANCE WITH THE STATE CODE AS A RESULT OF CHANGES MADE
BY THE GENERAL ASSEMBLY. -APPROVED
Administrator Riley advised this was an ordinance to amend the County Code, Chapter 48,
to bring this chapter into compliance with the State Code; in addition there were proposed changes
to the licensing period and a reduced fee schedule for spayed and neutered animals.
Chairman Shickle convened the public hearing.
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Board of Supervisors Regular Meeting of 12/12/07
151
There were no public comments.
Chairman Shickle closed the public hearing.
Upon a motion by Supervisor lleHaven, seconded by Vice-Chairman Fisher, the Board
approved the ordinance to amend the Frederick County Code, Chapter 48, Animals and Fowl,
Article I, Dog Licensing; Rabies Control.
BE IT ORDAINED, that Chapter 48, Animals and Fowl, Article I, Dog Licensing; Rabies
Control, be amended to reflect the following changes:
§48-10. Unlawful acts; violations and penalties.
A. The following acts shall be unlawful acts as authorized in §3.1-796.128 and constitute Class
4 misdemeanors as provided for in 18.2-11 - of the Code of
Virginia:
§48-11. License Required.
It shall be unlawful for any person to own a dog four (4) months or over unless such dog is
licensed as required by the provisions of this article except as prohibited by 3.1-796.85 and
3.1-796.87 of the Code of Virginia.
§48-12. Contents of license.
A dog license shall consist of a license receipt and a metal tag. The tag shall be stamped or
otherwise permanently marked to show the name of Frederick County,
and bear a serial number.
§48-16. License Application.
Any person residing in the county may obtain a dog license by making oral or written
application to the Treasurer, accompanied by the amount of license tax and certificate of vaccination
as required by this article. The Treasurer or other officer charged with the duty of issuing dog
licenses shall only have authority to license dogs of resident owners or custodians who reside within
the boundary limits of the county and may require information to this effect from any applicant.
Upon receipt of proper application and certificate of vaccination as required by this article, the
Treasurer or other officer charged with the duty of issuing dog licenses shall issue a license receipt
for the amount, on which he shall record the name and address of the owner or custodian, the date
of payment, ,licensing period, the serial number of the tag and whether
male, urrs,~k, female, spayed, neutered, or kennel and deliver the metal license tags or
plates provided for herein. The Treasurer may establish substations in convenient locations in the
county and appoint agents for the collection of the license tax and issuance of such license.
§48-17. Evidence showing rabies inoculation required prior to licensing.
No license tag shall be issued for any dog unless there is presented, to the Treasurer or other
officer of the county charged by law with the duty of issuing license tags for dogs, at the time the
application for the license is made, evidence satisfactory to him showing that such dog or each dog
to be maintained in such kennel has been inoculated or vaccinated against rabies by a currently
licensed veterinarian. Applicant may also apply for a dog license on the Treasurer's web site,
providing that all criteria of Chapter 48 of this Code have been complied with, and the applicant
can provide the date of vaccination, veterinarian and vaccination expiration date and certify these
Endings to the County Treasurer or Zocal official responsible for issuing dog licenses.
§48-78. License taxes. Editor's Note: Amended at time of adoption of Code; see Ch. 1, General
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Board of Supervisors Regular Meeting of 12/12/07
52
Provisions, Art. II.
A. -
A. License periods for individual dogs shall be from January 1 to December 31 of the same
year, however, any person who applies for a license may elect for the license period to be equal
to and run concurrently with the rabies vaccination effective period for that respective dog. Any
person who applies for a license tag jor a neutered or spayed dog shall present at the time o
application, certification from a licensed veterinarian attesting to the neutering or spaying of the
dog. If such certification is not so presented, the dog shall be taxed the fee levied on male or
female dogs.
Kennel licenses are only sold for a one year period and shall be due on January 1 and not
later than January 3lst of each year. Inspections by animal control may be required before the
issuance of a kennel license.
B. License taxes shall be in the amount of.•
(Spayed (Not Neutered
or Neutered) Not Spayed)
Jan. 1 to Dec. 31 or
Vaccination period
12 months or less $ 5.00 $10.00
Vaccination period
24 months or less $ 8.00 $16.00
Vaccination period
36 months or less $10.00 $20.00
Multi-Dog License:
20 Multi-Dog License $30.00
SO Multi-Dog License $50.00
§48-19. Payment of license taxes. [Amended 3-8-1989)
1~~
T/ae license tax as prescribed in §48-18 of this Code is due not later than 30 days after a
dog has reached the age of four months, or not later than 30 days after an owner acquires a dog
four months of age or older.
The above motion was approved by the following recorded vote:
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Board of Supervisors Regular Meeting of 12/12/07
153
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Ayc
Philip A. Lemieux Aye
Barbara E. Van Ostcn Aye
PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY
CODE, BY THE CREATION OF A NEW CHAPTER 89, FIRE AND RESCUE
SERVICES. THIS PROPOSED CHAPTER CODIFIES THE CREATION OF THE
DEPARTMENT OF FIRE AND RESCUE, THE FIRE AND RESCUE
ASSOCIATION, AND THF, INDIVIDUAL FIRE COMPANIES, WHICH SERVE
FREDERICK COUNTY, ALONG WITH ESTABLISHING THE HAZARDOUS
MATERIALS RESPONSE REIMBURSEMENT, AND A COST REIMBURSEMENT
FOR EMERGENCY MEDICAL TRANSPORT. - APPROVF,D
Administrator Riley presented a proposed new chapter entitled Fire and Rescue Services,
which codified the creation of the Department of Fire and Rescue, the Fire and Rescue Association,
and the individual fire and rescue companies, which serve Frederick County, and established the
Hazardous Materials Response reimbursement. 1n addition, this chapter contained the enabling
legislation to allow the Board, at some time in the future, to enact a cost reimbursement for
emergency medical transport.
Chairman Shickle convened the public hearing.
Mary Borror, Gainesboro District and representative of the Cedar Grove Neighborhood.
Watch, spoke in opposition to fee for service. She stated that senior citizens would be hesitant to
call for emergency services if they know they will receive a bill. She asked the Board not to pass this
and urged them to put it to a vote of the people.
Michael Cline, Gainesboro District and President of the Frederick County Fire and Rescue
Association, stated that he understood the amendment, but urged the Board not to enact fee for
service. He stated this was not the time for this amendment and there had not been enough time or
information to have an educated debate. He went on to say that enactment of fee for service might
cause support for the volunteers to decrease. He stated the volunteer companies might not want to
be in the transport business. He concluded by saying that the Association would like the fee for
service provision to be removed from the amendment.
Wes Laudermilk, Stephens City, advised he had been a volunteer firefighter since 1985 and
he was strongly opposed to the amendment. He went on to say the amendment was a "back door
effort of doing something that needs to be brought to the public."
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David Kern, Stonewall District, spoke in favor of the fee for service amendment. He stated
if this amendment did not pass then the only other option available to get additional revenue was to
tax. He went on to say that unlike fee for service, there was no option not to pay taxes. He stated
there was no reason to fear fee for service and the public needs to be educated. Fle concluded by
saying the only options were to pay fee for service or raise taxes.
David Funk, Back Creek District and member ofNorth Mountain Fire Company, stated that
all the Company's members expressed their concerns and dislike of fee for service. He asked the
Board to visit the fire stations. He also asked the Board to look at a funding alternative booklet,
which was provided by FEMA. He concluded by saying under the current proposal, North Mountain
would only receive $0.50 per ALS call.
Boyd Pitcock, Back Creek District, stated he had talked with many people during his
campaign and he had not met one person who was for fee for service. He asked the Board where
the driving force was coming from.
Kirk Matthews, Red Bud District, stated this amendment was a last minute effort. He stated
this would add layers of administration and this from a Republican board, which is supposed to favor
less government. He went on to say there had been a lot of talk about insurance companies paying
this cost; however, the proposed amendment makes no mention of insurance companies. He asked
for the real story behind fee for service. He concluded by asking the Board to make the right
decision and remove this amendment and to ratify the original chapter 89.
Roger Crosen, Gainesboro District, stated he had great respect for the volunteers and he was
hearing they were not ready for fee for service. He went on to say this proposal would not be
without cost to the citizens of Frederick County. He stated the Board, if they adopt fee for service,
should agree to waive any co-pay requirement. He concluded by saying he had concerns about the
cost and possible loss of volunteers.
Hans Nydam, Gainesboro District and member of Reynolds Store Fire Company, stated the
Board needed to support the volunteers and say no to fee for service. He went on to say it was not
morally right to go after the wealthy or Medicare to solve our growth problems and if this program
is implemented, he believed the volunteers would leave.
Doug Kiracofe, Gainesboro District and speaking on behalf of Chief Jackson, stated the
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ambulances do not belong to the County. The companies have them because of donations. tle went
onto say the Board sees fee for service as a revenue stream. He urged the Board to eliminate waste
in the county departments and not charge the citizens more costs. He advised that Gainesboro Fire
and Rescue opposes fee for service and will not participate in any manner in the plan. He went on
to say this amendment showed a lack of respect for the volunteers. He concluded by urging the
Board to stand with the citizens in opposition to Chapter 89 fee for service.
Kevin Kennedy, Gainesboro District, spoke in support of the citizens in opposition of fee
for service. He stated it was "remarkably short sighted" to charge fee for service for additional
revenue.
Beverly Campbell, Gainesboro District, stated many of the speakers said the same things
she thinks. She stated the County did not need fee for service.
Whit Wagner, Stonewall District and Clearbrook Volunteer Fire Department, stated a1120
board members were unanimously in favor and a majority of the volunteer members were in favor
of fee for service. He cited a slight increase in donations and county allocations; however, expenses
are far exceeding revenues. He noted that Clearbrook had to dip into its reserves and they had about
two years worth of funding left. He concluded by urging the Board to listen to the silent majority.
Ellen Rivers, Gainesboro District, asked the Board to think about those who would be afraid
to call for help because they could not pay. She thought the Board would be responsible if
something happens to any of the citizens. She stated that she contributed money to the volunteer
company, with half going to fire services and have going to rescue. She asked why she should now
give half of her contribution to rescue services.
Mildred Albright, Gainesboro District, spoke in support of the volunteers and she did not
think the citizens present represented a minority.
Amanda Sanders, Stephens City Fire and Rescue, stated she was afraid if fee for service
was imposed, people would stop donating. She went on to say she had recently transported a lady
who was afraid she would get a bill for that service. She advised the Board when this is imposed
then people will not call for help and they will die. She concluded by urging the Board to think
about what they were going to do.
There being no further public comments, Chairman Shickle closed the public hearing.
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Supervisor Ewing stated he was in favor of Chapter 89, but he would be unable to support
a motion that included the newly created Article VI.
Supervisor Van Osten asked if there was any discrepancy in the language, as amended.
Administrator Riley responded no.
Chairman Shickle asked about the company that would only receive $0.50 per call.
Administrator Riley responded the amount each company receives would be based on the
number of calls and a proposed formula. There would be some companies that receive less than
others, but he was not sure where the $0.50 came from. He went on to say if the Board approves
the fee for service amendment, there would be a long term educational proposal. I Ie stated if this
is approved, the County would not start billing tomorrow or the next day, as there still remained a
lot of work to do.
Upon a motion by Vice-Chairman Fisher, seconded by Supervisor Lemieux, the Board
approved Chapter 89 as amended.
BE IT ORDAINED, that the Frederick County Code, Chapter 89, Fire and Rescue Services,
is to read as follows:
Chapter 89
FIRE AND RESCUE SERVICF,S
ARTICLE I
General; Department of Fire and Rescue
§89-1. Definitions.
For the purposes of this chapter, the following words and/or terms shall have the meanings
to them by this section:
ASSOCIATION -The Frederick County Volunteer Fire and Rescue Association.
BOARD -The Frederick County Board of Supervisors.
COMPANY - A County Volunteer Fire and Rescue Company.
COMPANIES -County Volunteer Fire and Rescue Companies
DEPARTMENT -The Frederick County Department of Fire and Rescue.
§89-2. Department Established.
There is hereby established the Frederick County Department of Fire and Rescue. The Department
shall consist of the Department Chief, and any such career officers and employees approved by the
Board and appointed by the Department Chief. The Department shall work in conjunction with the
Volunteer Fire and Rescue Companies as defined above, as well as the Association and their
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members, to achieve the mission offire and rescue services.
§89-3. Department Chief.
The County Administrator shall appoint the head of the Department, who shall be known as the
"Department Chief." The Department Chief shall have general supervision and control over the
Department. The Department Chief shall, after consultation with the Association, establish rules and
regulations for the operation of the Deparlment. Such rules shall be consistent with the provisions
of this article. The Department Chief shall have no jurisdiction over the internal affairs of the
companies. The Department Chief shall develop and administer a program for the career personnel
of the Department.
ARTICLE II
FIRE AND RESCUE ASSOCIATION
§89-4. Creation, Purpose, Bylaws.
The Association is hereby recognized by the County for the following purposes: to work in
conjunction with the Department on matters regarding the operations of the Department, including,
but not limited to reviewing operating procedures, rules and regulations, budget matters, as noted
in the current service agreement; to create enthusiasm among the member companies; to coordinate
the work of its membership; to disseminate knowledge offire-fighting methods and techniques; to
promote goodwill and devoted service to the people of Frederick County; and to promote a general
interest and knowledge of fire prevention. The Association shall be dedicated to the service of
volunteer fire and rescue members and the volunteer companies ofFrederick County; and to promote
and encourage cooperation among the member companies. The Committee is empowered to
promulgate by-laws to effectuate the purposes set out herein.
§89-5. Membership.
Membership in the Association is governed by the current by-laws.
ARTICLE III
FIRE COMPANIES
§89-6. Composition.
Each individual fire and rescue organization that is located in Frederick County shall be defined as
a "fire and rescue company" as provided in §27-8.1 of the Code of Virginia, 1950, as amended.
These presently include: Stephens City Volunteer Fire & Rescue Company, Inc.; Middletown
Volunteer Fire & Rescue Company, Inc.; Clear Brook Volunteer lire & Rescue, Inc.; Gore
Volunteer Fire Company; Round Hill Community Fire & Rescue Company, Inc.; Gainesboro Fire
Company, Inc.; Star Tannery Volunteer Fire Department; Greenwood Volunteer Fire & Rescue
Company, Inc.; North Mountain Volunteer Fire Company, Inc.; Reynolds Store Volunteer Fire &
Rescue Company, Inc.; Millwood Station Volunteer Fire & Rescue Company 21, Inc.
§89-7. Approval of Names and Numbers.
Newly established fire and rescue company names and numbers shall be recommended by the
Association and are subject to final approval by the Board.
§89-8. Establishment.
Pursuant to §27-8 of the Code of Virginia, any number of persons, not less than 20, may form
themselves into a company for emergency response, subject to approval by the Board.
§89-9. Organization.
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A writing stating such formation of a Company, with names of its members, shall be presented to
the Board and recorded in the Circuit Court pursuant to §27-9 of the Code of Virginia.
§89-10. Dissolution.
Pursuant to §27-10 of the Code of Virginia, whenever the Department shall ascertain that a company
has failed, for three consecutive months, to consist of 20 active and effective members, or ascertains
that it has failed for the same period of time to keep in good and serviceable condition its fire and
rescue apparatus (an engine), hose, emergency medical services vehicle, equipment and other
proper implements; or whenever the Board for any reason deems it advisable, the Board may act to
dissolve a Company.
§89-ll. Rules and Regulations.
The members of each Company may make their own rules and regulations consistent with the laws
of the Commonwealth of Virginia, this chapter, and other ordinances of the county.
ARTICLE IV
VOLUNTEER MEMBERSHIP
§89-12. Volunteer fire fighter and rescue members.
Any person, 18 years of age or older, is eligible for membership in a Company as a regular member.
Persons must apply and be accepted by the company to which application is made according its rules
and regulations, the rules and regulations of the Company and state law. Participation by members
must be in accordance with the Company rules and regulations and state law.
§89-13. Authorization for youth to serve; parental guardian approval.
Pursuant to the provision of §40.1-79.1 of the Code of Virginia, that any person 16 or 17 years of
age, with parental or guardian approval be, and hereby is, authorized to work with or participate
fully in all activities of a volunteer fire company, provided that such person has attained certification
under National Fire Protection Association 1001, Level 1, Firefighter standards, as administered by
the Department of Fire Programs.
ARTICLE V
HAZARDOUS MATERIALS RESPONSE REIMBURSEMENT
§89-T4. Payment of monies recovered; purpose.
Any monies recovered by the County of Frederick, as reimbursement for actual costs incurred by
a Company for Ilazardous Materials (HAZMAT) response, shall be reimbursed to the Company.
ARTICLE VI
COST RETMBURSEMENT FOR EMERGENCY MEDICAL TRANSPORT
§89-15. Service fees for Emergency Medical Transport.
A service fee will be imposed for basic life support transport (BLS), advanced life support, level 1
transport (ALS1), advanced life support, level 2 transport (ALS2), and for ground transportation
mileage on each person being transported by an emergency medical services vehicle that is operated
or maintained by the County and/or a Company or for which a permit has been issued to the County
by the Virginia Office of Emergency Medical Services. The term "emergency medical services
vehicle" has the definition specified in Virginia Code §32.1-111.1. The funds received from the
payment of this fee shall be paid into a fund for the Frederick County Fire and Kescue Cost
Recovery Program.
§89-16. Definitions.
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BASIC LIFE SUPPORT (BLS) -Medical treatment or procedures to a patient defined as
basic life support by the National Emergency Medicine Services (EMS) Education and
Practice Blueprint for the Emergency Medical Technician -Basic (EMT-Basic).
ADVANCED LIFE SUPPORT, LEVEL 1 (AI,Sl) -Medical treatment or procedures
provided to a patient beyond the training of an EMT-Basic as defined by the National EMS
Education and Practice Blueprint for the EMT-Basic, but not ALS2.
ADVANCED LIFE SUPPORT, LEVEL 2 (ALS2) -Advanced life support services provided
to a patient, including one or more of the following medical procedures:
(i) Defibrillation/cardioversion;
(ii) Endotracheal intubation;
(iii) Cardiac pacing;
(iv) Chest decompression;
(v) Intraosscous line and/or
(vi) 'The administration of three or more medications.
GROUND TRAN SPORT MILEAGE (GTM) -Mileage shall be assessed in road miles from
the location of the incident to a hospital or other facility where a patient is transported.
§89-17. Authority of County Administrator.
A. The County Administrator is hereby authorised and directed to establish rules and regulations
for the administration of the fees imposed by this section, including, but not limited to, payment
standards for those persons who demonstrate economic hardship.
B. The service fees imposed by this section shall be payable in such amounts as may from time to
time be set by the Board of Supervisors.
§89-18 - 89-130. (Reserved)
Vice-Chairman Fisher stated the election results spoke loudly to him about this. He went
on to say that he had been hearing a lot of misinformation and there needed to be an educational
campaign.
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Nay
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
PLANNING COMMISSION BUSINESS
PUBLIC HEARING
PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY
CODE CHAPTER 165. ZONING• ARTICLE X BUSINESS AND INDUSTRIAL
ZONING DISTRICTS SECTION 165-82 DISTRICT USE REGULATIONS,
GROCF.RY/FOOD STORES IN THE B3 (INDUSTRIAL TRANSITION BUSINESS)
DISTRICT. - APPKOVED
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Senior Planner Candice Perkins appeared before the Board regarding this item. She advised
this proposed text amendment would permit SIC 5411 in the B-3 Zoning District with a size
limitation of 10,000 square feet (excluding storage and warehousing). The Planning Commission
recommended approval of this proposed amendment.
Chairman Shickle convened the public hearing.
There were no public comments.
Chairman Shickle closed the public hearing.
Upon a motion by Supervisor DeHaven, seconded by Supervisor Van Osten, the Board
approved the ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article X
Business and Industrial Zoning Districts, Section 165-82 District Use Regulations.
WHEREAS, an ordinance to amend Chapter 165, Zoning, ArticleX-Business and Industrial
Zoning Districts, Section 165, District Use Regulations; Subsection C, B3 Industrial Transition
District and to amend Article IV-Supplementary Use Regulations, Section 165-48.11, Grocery and
Food Stores, was considered by the Planning Commission during their regularly scheduled meeting;
and
WHEREAS, the Planning Commission held a public hearing on the ordinance adoption on
November 7, 2007; and
WHEREAS, the Board of Supervisors held a public hearing on the ordinances adoption on
December 12, 2007; and
WHEREAS, the Frederick County Board of Supervisors finds the adoption of these
ordinances to be in the best interest of the public health, safety, welfare, and in good zoning practice.
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors
that Chapter 165, Zoning, Chapter 165, Zoning, Article X-Business and Industrial Zoning Districts,
Section 165, District Use Regulations; Subsection C, B3 Industrial Transition District and Article
IV-Supplementary Use Regulations, Section 165-48.11, Grocery and Food Stores arc amended.
These amendments are amended as described on the attachment.
§165-48.11. Grocery and Food Stores.
Grocery or food stores located in the B3 (Industrial Transition) Zoning District shall meet the
following requirements:
A. Maximum building square footage used for retail sales of grocery or food products shall not
exceed 10,000 square feer: The 10,000 square feet shall not include area used jor storage
warehousing of products.
§165-82. District use regulations.
C. B3 Industrial Transition District. The intent of this district is to provide for heavy commercial
activities, involving larger scale marketing or wholesaling, in locations that are separate from but
in the vicinity of business and industrial areas. In some cases, such areas may be transitional,
located between business and industrial areas. In these areas, there will be a mixture of automobile
and truck traffic. Some of the uses in this district will require large areas of land and may have
outdoor storage and display. It is intended that the uses in this district shall not be sources of noise,
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dust, smoke, or other nuisances. Such industrial transition areas shall be provided with safe and
sufficient access.
Allowed Uses
Food Stores
5411
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara F_,. Van Osten Aye
BOARD LIAISON REPORTS
There were no Board liaison reports.
CITIZEN COMMENTS
Kirk Matthews, Red Bud District, stated "you really listened to the people that you
supposedly represent. It would be nice to show support and compassion for others."
BOARD OF SUPERVISORS COMMENTS
Chairman Shickle presented County Attorney Lawrence Ambrogi with a plaque in honor of
his 35 years of service to the Board.
Chairman Shickle read the following resolution of appreciation for Supervisor Van Osten:
Resolution #030-07
WHEREAS, Barbara E. Van Osten served the citizens of Frederick County, Virginia, for
four (4) years as Back Creek District representative to the Board of Supervisors; and
WHEREAS, during her tenure she held seats on numerous committees, including that of
chairman of the Public Safety Committee, Personnel Committee, Agricultural District Advisory
Committee; Extension Leadership Council; Planning Commission Liaison, Air Quality Task Force
from January 2004-December 2005, Regional Jail Board from January 2005-December 2007,
Juvenile Detention Center from January 2006-December 2007, and Shen-Air ;and
WHEREAS, Supervisor Van Osten was instrumental in the creation of the county's
Conservation Easement Authority and served as this Board's representative; and
WHEREAS, Supervisor Van Osten was a tireless worker for not only the constituents in her
district, but for all of the citizens of Frederick County; and
WHEREAS, this Board will always consider Supervisor Van Osten a colleague and friend.
NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors
extends its sincerest thanks to Supervisor Van Osten and wishes her all of the best in her future
endeavors.
Standard Industrial Classifications
(SIC)
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62
BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the
Frederick County Board of Supervisors for all citizens to reflect upon the accomplishments of this
citizen legislator.
ADOPTED this 12th day of llecember, 2007.
Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved
the resolution of appreciation by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Ayc
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Abstained
Supervisor Van Osten stated it was an honor to serve the citizens of Frederick County and
the Back Creek District. She thanked the board members for their support and friendship and
Administrator Riley for his guidance.
All of the Supervisors responded they had enj oyed working with her and wished her the best.
BOARD RETIRED INTO CLOSED SESSION
Upon a motion by Vice-Chairman Fisher, seconded by Supervisor Ewing, the Board
convened in Closed Session pursuant to Code of Virginia, 1950, as Amended, Section 2.2-3711 A
(7) to discuss pending legal matters.
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
BOARD RECONVENED INTO REGULAR SESSION
Upon amotion byVice-Chairman Fisher, seconded by Supervisor Dove, the Board came out
of closed session and reconvened in Regular Session.
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene E. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. F,wing Aye
Philip A. Lemieux Aye
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163
Barbara E. Van Osten Aye
Upon a motion by Vice-Chairman Fisher, seconded by Supervisor DeHaven, the Board
certified that to the best of each board member's knowledge, only Virginia Code Section 2.2-3711
A (7) pending legal matters were discussed.
The above motion was approved by the following recorded vote:
Richard C. Shickle Aye
Gene F,. Fisher Aye
Charles S. DeHaven, Jr. Aye
Gary W. Dove Aye
Bill M. Ewing Aye
Philip A. Lemieux Aye
Barbara E. Van Osten Aye
ADJOURN
UPON A MOTION BY SUPERVISOR SWING, SECONDED BY SUPERVISOR
DOVE, THF,RF. BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD,
THIS MEETING IS HEREBY ADJOUKNED. (9:10 P.M.)
~~c (°
Richard C. Shickle J n iley, Jr.
Chairman, Board of Supervisors ,Board of Supervisors
Minutes Prepared By: _
Jay E. i s
Deputy Clerk, Board of Supervisors
Minute Book Number 33
Board of Supervisors Regular Meeting of 12/12/07