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HomeMy WebLinkAboutJanuary 10, 2001 Regular Meeting 132 A Regular Meeting of the Frederick County Board of Supervisors was held on January 10, 2001 at 5:15 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 Charles W. Orndoff, Sr.; W. Harrington Smith, Jr.; Robert M. Sager; Margaret B. Douglas; and Sidney A. Reyes. GIS WORKSESSION WITH BOARD OF SUPERVISORS AND STAFF MEMBERS FROM PLANNING DEPARTMENT Assistant County Administrator Kris Tierney presented this information to the Board. He briefed the Board on the county's Geographic Information System (GIS) from its inception to the present. He explained that once the basic introductory discussions were out of the way the committee prepared a reasonable estimate of expenditures necessary to advance the county's GIS program to a point where all departments desiring access to the system had the necessary hardware, software, and training to effectively do so. He further advised that the committee agreed that the county's present base mapping was insufficient to meet today's standards for accuracy. Mr. Tierney advised that a report is provided that contains the findings and recommendations of the committee. The proposal consists of a projected four year budget which begins following a supplemental appropriation in the current fiscal year to fund the creation of new aerial photography. The total cost ofthe four year proposal (including the supplemental appropriation) ranges from just under one million to nearly two million dollars. The report shows the great share of the projected cost discussed is a result of the need for revised base maps. Where the actual cost would fall within this large range would primarily be determined by the level of accuracy ofthe base mapping that is prepared. Chairman Shickle asked as to whether this project has basically been within the county planning department. Mr. Tierney explained that in 1992 a company was hired to get the county going on GIS and for various reasons this plan was shelved after a period oftime. He further explained that 911 came into the picture and since that time it has been kind of "piece and patch". Mr. Tierney explained that due to all the benefits that come from a good GIS program that this should be a county function and not a planning function. Minute Book Number 27 Board of Supervisors Meeting of 01110/01 3J Chairman Shickle asked ifthere is a common denominator. Mr. Tierney replied that the big question is, what does it take to correct what we currently have, and in making this decision the question needs to be answered as to what the staffing needs would be in order to make this work. He further advised that the mapping system works for what it was created for; however, it does not do what is needed for GIS. Supervisor Reyes inquired about any monetary support for this project. County Administrator Riley replied approximately $392,000. Supervisor Orndoff inquired as to who would be benefitting from all the mapping. Mr. Tierney explained that all departments would benefit, some more than others, and that is why so many departments are represented at this session. He advised that requests are received almost daily, and if GIS is structured the way it should be, it would benefit many. He feels this is the way every locality is going, it is the way ofthe future, and there will be considerable investment in this program. Mark LeMaster presented a slide presentation on what is available on the GIS market in comparison to what is available to the county. Chairman Shickle stated that he wanted to know the "nuts and bolts" of what staff is asking for. Supervisors Smith and Douglas also felt additional information is needed. Supervisor Orndoff stated that this is a great deal of money and he too feels additional information is needed. County Administrator Riley advised the Board that staffwill get back to the Board with the bottom line cost and additional information. Chairman Shickle asked Wellington Jones, Director ofthe Sanitation Authority, how much he would have to do in order to be part of this plan. Mr. Jones replied that it would be a big job; however, it would be very helpful to his operation. Mr. Tierney and Mr. LeMaster thanked the Board for their time as well as staff that was present. BOARD RETIRES INTO CLOSED SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the Board retired Minute Book Number 27 Board of Supervisors Meeting of 0111 0/01 13 into Closed Session in accordance with the Code of Virginia, 1950, as amended, Section 2.1-344, Subsection A (1) to discuss Personnel Matters. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye TIME: 7:15 P.M. BOARD WITHDRAWS FROM CLOSED SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the Board withdrew from Closed Session. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the Board reconvened into Regular Session and certified nothing other than what was noted as reason for going into Closed Session was discussed. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye EVAN WYATT APPOINTED AS COUNTY PLANNING DIRECTOR Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, Evan Wyatt was appointed Planning Director effective immediately. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Minute Book Number 27 Board of Supervisors Meeting of 01110/01 35 Margaret B. Douglas - Aye Sidney A. Reyes - Aye CALL TO ORDER Chairman Shickle called the meeting to ordef. INVOCATION The invocation was delivered by Reverend Robert T. Hughes with the Universal Unitarian Church. PLEDGE OF ALLEGIANCE ASSISTANT SCOUT MASTER AND SCOUTS RECOGNIZED Chairman Shickle recognized Assistant Scout Master Bruce Watkins as well as three Boy Scouts that were in attendance as part of the requirement to receive their Eagle Badge. ADOPTION OF AGENDA County Administrator Riley advised that he had a request from the Commissioner of the Revenue for a refund on an overpayment of taxes. Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the agenda was adopted, as amended, by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sf. - Aye W. Harrington Smith, Jf. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye CONSENT AGENDA County Administrator Riley suggested the following tab for approval under consent agenda: 1. Resolution Requesting Changes in the Secondary System due to Relocation and Construction on Route 661 - Tab G; 2. Request from Commissioner of the Revenue for exoneration of taxes in the amount of $1,169.70 for North Stephenson, Inc. This item was added under the Adoption of the Agenda. Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the Consent Agenda was approved, as presented, by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sf. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Minute Book Number 27 Board of Supervisors Meeting of 01110/01 13G CITIZEN COMMENT No one appeared before the Board at this time. MINUTES Supervisor Orndoff made the folJowing corrections: Page 14 - Vote at the top of the page, it has Supervisor Douglas making the motion as well as seconding the motion. (Correction - Supervisor Orndoff seconded the motion.) Page 19 & 20 - Shows Supervisor Sager voting on Public Works Report when he had left the meeting. Chairman Shickle advised that on page 13, under CUP #16-00, it states that he visited the site in question, and he did not. (In reviewing the tape Mr. Mullin stated that staff member Ms. Lohr, along with Supervisor Reyes, visited the site.) Upon motion made by Supervisor Orndoff, seconded by Supervisor Douglas, the minutes of the Regular Meeting of December 13, 2000 were approved, as amended, by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye ORGANIZATION OF THE BOARD OF SUPERVISORS FOR 2001 Election of Vice Chairman Supervisor Douglas nominated Supervisor Orndoff for Vice Chairman. Supervisor Smith seconded the nomination. There were no other nominations. The above nomination was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Abstained W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Selection of Time and Place of Meeting Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the second and fourth Wednesdays of each month, at 7: 15 P.M., Board Meeting Room, in the Frederick County Administration Building, 107 North Kent Street, Winchester; Virginia as the time and meeting place for the Frederick County Board of Supervisors for 2001. The above motion was approved by the folJowing recorded vote: Minute Book Number 27 Board of Supervisors Meeting ofOl/tO/Ol 137 Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A Reyes - Aye Adoption of Rules of Order Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, Robert's Rules of Order, the short version, is hereby adopted as the Rules of Order for the Board of Supervisors for 2001. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A Reyes - Aye Appointment of Parliamentarian Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, County Administrator John R. Riley, Jr., was appointed Parliamentarian for all Board of Supervisors' meetings held for 2001. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A Reyes - Aye Board Appointments to Various Boards. Commissions and Committees Chairman Shickle stated that with the exception of one appointment to the Personnel Committee, Robin Damico, who has requested not to be reappointed, all appointments would remain the same for 2001 as they were for 2000. Richard C. Shickle: Finance Committee, Industrial Development Authority and Joint Finance Committee. Charles W. Orndoff. Sr.: Chairman of the Public Works Committee; Agricultural District Advisory Board; Agricultural Stabilization Commission (AS.C.) Liaison; Extension Leadership Council. W. Harrington Smith. Jr.: Chairman ofthe Finance Committee; Public Works Committee; Sanitation Authority Liaison; Joint Finance Committee. Minute Book Number 27 Board of Supervisors Meeting of 01/10/01 1 r~ 0 vU Robert M. Sager: Code and Ordinance Committee; Finance Committee; Chairman of the Law Enforcement and Courts Committee; Social Service; Transportation Committee. Margaret B. Douglas: Law Enforcement & Courts Committee; Chairman of Personnel Committee; Handley Regional Library Board Liaison; Parks and Recreation Commission. Sidnev A.Reyes: Chairman of Code & Ordinance Committee; Personnel Committee; Fire & Rescue Association; Planning Commission. Reappointment of Citizens to Various County Boards. Commissions and Committees: The following committee appointments were made: Code and Ordinance Stephen G. Butler Michael L. Bryan Finance Donald A. Butler Ronald Hottle Richie Wilkins C. William Orndoff, Jr., Treasurer, Non-Voting Liaison Ellen Murphy, Commissioner of Revenue, Non-Voting Liaison Law Enforcement and Courts Committee James L. Hockman Vickie Wilkins David Fahnestock Brenda Vance - Liaison - General District Court Ann B. Lloyd - Liaison - Juvenile & Domestic Relations Court Personnel Committee Verne E. Collins Philip C. G. Farley Public Works Committee George H. Ludwig James T. Wilson Thomas J. Offutt, Jr. James T. Vickers BESSIE SOLENBERGER REAPPOINTED TO HISTORIC RESOURCES ADVISORY BOARD Upon motion made by Supervisor Douglas, seconded by Supervisor Reyes, Bessie Solenberger was reappointed to the Historic Resources Advisory Board. This is a four year appointment. This term will begin on January 10,2001 and expire on January 10, 2005. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Ayc Minute Book Number 27 Board of Supervisors Meeting of 01/10101 3S' Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye KRlS TIERNEY APPOINTED TO SERVE ON THE LOCAL EMERGENCY PLANNING COMMITTEE (LEPC) Upon motion made by Supervisor Orndoff, seconded by Supervisor Douglas, Kris Tierney was appointed to serve on the Local Emergency Planning Committee (LEPC) to replace Lauren Carrier. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye CAPTAIN WILLIAM HORN TO REPLACE CAPTAIN GARY WILLIAMS ON THE LOCAL EMERGENCY PLANNING COMMITTEE (LEPC) Upon motion made by Supervisor Douglas, seconded by Supervisor Reyes, Captain William Horn was appointed to the Local Emergency Planning Committee (LEPC) representing the Sheriff s Department. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye PATRICIA PERKINS AND BRENDA KISNER APPOINTED TO LOCAL EMERGENCY PLANNING COMMITTEE (LEPC) Upon motion made by Supervisor Orndoff, seconded by Supervisor Reyes, Patricia Perkins was appointed to replace Brenda Kisner on the Local Emergency Planning Committee (LEPC). This individual represents local industry. Ms. Kisner has expressed interest in continuing to serve on this committee as a public-at-Iarge representative. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Minute Book Number 27 Board of Supervisors Meetiug of 01/1 0/01 140 RICHARD C. SHICKLE REAPPOINTED TO THE FREDERICK-WINCHESTER SERVICE AUTHORITY Upon motion made by Supervisor Sager, seconded by Supervisor Reyes, Richard C. Shickle was reappointed to the Frederick-Winchester Service Authority. This is a three year term. This term will expire on January 10, 2004. The above motion was approved by the following recorded vote: Richard C. Shickle - Abstained Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye CORDELL WATT APPOINTED TO PLANNING COMMISSION FROM BACK CREEK DISTRICT Upon motion made by Supervisor Douglas, seconded by Supervisor Smith, Cordell Watt was appointed to the county Planning Commission from Back Creek District. This is a four year term. The term will begin on February 22, 2001 and expire on February 22, 2005. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye JOHN W. BLAISDELL REAPPOINTED TO TRANSPORTATION COMMITTEE Upon motion made by Supervisor Sager, seconded by Supervisor Orndoff, John W. Blaisdell was reappointed to the Transportation Committee as the representative from the Town of Middletown. This is a one year appointment. This term will expire on February 13, 2002. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye REOUEST TO CHANGE BOARD MEETING DATE IN FEBRUARY AND MARCH- APPROVED Due to conflicts in scheduling, it has been requested to change the Board meeting in February from the 14th to the 13th and in March from the 14th to the 12th. Minute Book Number 27 Board of Supervisors Meeting of 01/10/01 14 '; The above requests were approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye COUNTY ANNUAL AUDIT REPORT ACCEPTED Upon motion made by Supervisor Reyes, seconded by Supervisor Douglas, the County's Annual Audit Report, as prepared by Robinson, Farmer, Cox Associates was accepted by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye RESOLUTION (#021-01) RE: CHANGES IN THE SECONDARY SYSTEM DUE TO RELOCATION AND CONSTRUCTION ON ROUTE 661 - APPROVED UNDER CONSENT AGENDA WHEREAS, the Virginia Department of Transportation has provided this board with a sketch dated October 25, 2000 depicting required changes in the Secondary System of State Highways, which sketch entitled "Changes in the Primary and Secondary System Due to Relocation and Construction on Route 661, Proj ect: 0661-034-140, C50 1," which is hereby incorporated herein by reference; and WHEREAS, a new road now serves the same citizens as those portions of 0 Id road identified to be abandoned and those portions to be abandoned no longer serve a public need. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, does hereby abandon from the Secondary System of Highways those portions of Route 663 identified as Sections 1 and 2 of the aforementioned sketch, pursuant to 33.1-155 of the Code a/Virginia, 1950, as amended; and BE IT FURTHER RESOLVED, that the Frederick County Board of Supervisors requests that the Virginia Department of Transportation add to the Secondary System of Highways those portions identified as Sections 4 and 5 of Route 663, ofthe aforementioned sketch, pursuant to 33.1- 229 of the Code a/Virginia, 1950, as amended; and BE IT FINALL Y RESOLVED, that a certified copy ofthis resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. RESOLUTION(#026-0l) RE: INDUSTRIAL ROAD ACCESS FUNDS FOR NORTH KENT STREET PROJECT-APPROVED County Administrator Riley presented this request to the Board. WHEREAS, the City of Winchester is interested in the use of industrial road access funds to improve access for two of its manufacturing businesses, Rich Products Corporation and Plumly Flooring; and Minute Book Number 27 Board of Supervisors Meeting of 01/10/01 142 WHEREAS, these plans involve new and private manufacturing equipment investments of approximately $3,349,494, and creates 45 new jobs; and WHEREAS, these expansions are expected to be fully operational on or about December 31,2001; and WHEREAS, the properties on which these facilities are located require improved access to a public street or highway which would connect to U.S. 11, and improved public safety by redirecting truck traffic from a residential area; and WHEREAS, the proposed improved new public access involves a right-of-way located in Frederick County. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors for the County of Frederick, Virginia, hereby agrees that the new roadway so constructed will be added to and become part ofthe road system ofthe County of Frederick Secondary System of Highways provided: 1) the Virginia Department of Transportation makes industrial road access funds available for the improvement ofthis road; and 2), that the right-of-way for this new road and any utility adjustments will be borne by others than the County of Frederick. PASSED this lOth day of January, 2001. Upon motion made by Supervisor Orndoff, seconded by Supervisor Reyes, the above resolution was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sf. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye PUBLIC HEARING: PUBLIC HEARING - TAX EXEMPT STATUS REOUEST - REQUEST FROM THE KERNSTOWN BATTLEFIELD ASSOCIATION. A NON-PROFIT VIRGILIA ORGANIZATION. TO BE CLASSIFIED AND DESIGNA TED AS AN HISTORICAL ORGANIZATION WITHIN THE CONTEXT OF SECTION 6(a) (6) OF ARTICLE X OF THE CONSTITUTION OF VIRGINIA. THE CURRENT ASSESSED VALUE FOR THE PROPERTY OWNED BY THE KERNS TOWN BATTLEFIELD ASSOCIATION. INC.. LOCATED IN FREDERICK COUNTY~ IS $2.093.200.00. AND THE CURRENT FREDERICK COUNTY ANNUAL REAL ESTATE TAX FOR THAT PROPERTY. WITHOUT LAND USE. WOULD BE $13.396.48 - APPROVED County Administrator Riley presented this request to the Board. Larry Duncan, President ofthe Kernstown Battlefield Association, appeared before the Board at which time he explained to the Board this request and the fact that this property is used exclusively for historical purposes on a non-profit basis, and thus the request for exemption from local taxation. There was no public input. Upon motion made by Supervisor Douglas, seconded by Supervisor Smith, the following Minute Book Nnmber 27 Board of Supervisors Meeting of 01110/01 143 resolution was approved: WHEREAS, the Kernstown Battlefield Association, Inc. has made application for tax exemption, as permitted by Article X, Section 6(a)(6) ofthe Constitution of Virginia; and WHEREAS, the Board of Supervisors of Frederick County, Virginia has examined and considered all ofthe provisions of subsection B of Virginia Code Section 30-19.04; and WHEREAS, the current assessed value for the property owned by the Kernstown Battlefield Association, Inc. located in Frederick County is $2,093,200.00, and the current Frederick County annual real estate tax for that property, without land use, would be $13,396.48; and WHEREAS, the Board of Supervisors of Frederick County, Virginia supports the application for tax exemption made by the Kernstown Battlefield Association, Inc. RESOLVED, that the Board of Supervisors of Frederick County, Virginia, does hereby request that the General Assembly for the Commonwealth of Virginia pass legislation that would provide: 1. That the Kernstown Battlefield Association, Inc., a non-profit Virginia corporation, be classified and designated as an historical organization within the context of Article X, Section 6(a)(6) of the Constitution of Virginia; and 2. That property owned by the Kernstown Battlefield Association, Inc. and used by it exclusively for historical purposes on a non-profit basis be determined to be exempt from local taxation. ADOPTED this 10'h day ofJanuary 2001. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye PLANNING COMMISSION BUSINESS: PUBLIC HEARINGS: PUBLIC HEARING - PROPOSED AMENDMENTS TO THE FREDERICK COUNTY CODE. CHAPTER 165. ZONING. AMENDING ARTICLE X. BUSINESS AND INDUSTRIAL ZONING DISTRICTS. SECTION 165-82.B (1) AND 165-82.C. ALLOWED USES. THE PROPOSED AMENDMENTS WOULD PERMIT ANIMAL SPECIALITY SERVICES. EXCEPT VETERINARY (SIC #0752) IN THE B2 AND B3 ZONING DISTRICTS - APPROVED Zoning Administrator Eric Lawrence presented this request to the Board. There was no public input. Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the following amendment was approved: AN ORDINANCE AMENDING Minute Book Number 27 Board of Supervisors Meeting of 01/10/01 1 4 L THE FREDERICK COUNTY CODE CHAPTER 165, ZONING WHEREAS, An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Section 165-82.B.(l), B2 (Business General) District, Allowed Uses, and Section 165-82.C., B3 (Industrial Transition) District, Allowed Uses, to include Animal Speciality Services, Except Veterinary (SIC # 0752) as a permitted use, was referred to the Planning Commission on November 15,2000; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on December 6, 2000; and WHEREAS, the Frederick County Board of Supervisors finds the adoption ofthis ordinance 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, Section 165-82.B.(1 ), B2 (Business General) District, Allowed Uses, and Section 165-82.C., B3 (Industrial Transition) District, Allowed Uses, ofthe Frederick County Code, be amended to include Animal Speciality Services, Except Veterinary (SIC # 0752) as a permitted use, as described on the attachment. This ordinance shall be in effect on the date of adoption. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Ir. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye PUBLIC HEARING - PROPOSED AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 165. ZONING. AMENDING ARTICLE X. BUSINESS AND INDUSTRIAL ZONING DISTRICTS. SECTION 16S-82.A. B I (NEIGHBORHOOD BUSINESS) DISTRICT. ALLOWED USES. THE PROPOSED AMENDMENT WOULD PERMIT ACCOUNTING. AUDITING. AND BOOKKEEPING SERVICES (SIC#872) IN THE B 1 ZONING DISTRICT - APPROVED Zoning Administrator Lawrence presented this request to the Board. There was no public input. Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the following ordinance amendment was approved: AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 165, ZONING WHEREAS, An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Section 165-82.A., Bl (Neighborhood Business) District, Allowed Uses, to include Accounting, Auditing, and Bookkeeping Services (SIC # 872) as a permitted use, was referred to the Planning Commission on November 15, 2000; and Minute Book Number 27 Board of Supervisors Meeting of 01/10/01 45 WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on December 6, 2000; and WHEREAS, the Frederick County Board of Supervisors finds the adoption ofthis ordinance 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, Section 165-82.A., Bl (Neighborhood Business) District, Allowed Uses, of the Frederick County Code, be amended to include Accounting, Auditing, and Bookkeeping Services (SIC # 872) as a permitted use, as described on the attachment. This ordinance shall be in effect on the day of adoption. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, SI. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye PUBLIC HEARING - PROPOSED AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 165. ZONING. AMENDING ARTICLE X. BUSINESS AND INDUSTRIAL ZONING DISTRICTS. SECTION 165-82.A. B I (NEIGHBORHOOD BUSINESS) DISTRICT. ALLOWED USES. THE PROPOSED AMENDMENT WOULD PERMIT TOBACCO STORES AND STANDS (SIC #5993) IN THE B I ZONING DISTRICT - APPROVED AS AMENDED Zoning Administrator Lawrence presented this request to the Board. Supervisor Reyes asked for the definition of a "tobacco stand". MI. Lawrence explained that it could be considered the size of a souvenir stand or something similar in size. There was no public input. Supervisor Smith moved to approve the amendment. Supervisor Reyes stated that he would second the motion; however, he would like to see the word "stand" eliminated. Planning staff advised that would not be a problem. The following amendment was approved: AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 165, ZONING WHEREAS, An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Section 165-82.A., B I (Neighborhood Business) District, Allowed Uses, to include Tobacco Stores (SIC # 5993) as a permitted use, was referred to the Planning Commission on November 15, 2000; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on Minute Book Number 27 Board of Supervisors Meeting of 01110/01 14 December 6, 2000; and WHEREAS, the Frederick County Board of Supervisors finds the adoption ofthis ordinance 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, Section 165-82.A., B 1 (Neighborhood Business) District, Allowed Uses, ofthe Frederick County Code, be amended to include Tobacco Stores (SIC # 5993) as a permitted use, as described on the attachment. This ordinance shall be in effect on the date of adoption. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye OTHER PLANNING ITEMS DISCUSSION OF 2001-2002 CAPITAL IMPROVEMENTS PLAN Planning Director Evan Wyatt presented this plan to the Board. Supervisor Reyes asked what would happen when the Airport becomes their own fiscal agent as they are currently shown in this plan. County Administrator Riley explained the Airport Authority would still continue to request certain funding from the County and City. Supervisor Reyes stated that Gainesboro Elementary School is the oldest school in the county; therefore, he can not understand why it is not higher on the list for a new school. Superintendent of Schools Dr. William Dean addressed the Board to respond to Supervisor Reyes' question. Dr. Dean explained to Supervisor Reyes that the age ofthe school is only part of the picture. He further explained that the no growth statistics is what warrants that a new building not be built at this time. He further explained that he was aware of the fact that the school does have it's wants; however, extra funds are not available for that, unless the board of supervisors would see fit to budget this extra money. Chairman Shickle asked the Board if they had any additional questions or directions on this plan. There were no additional comments at this time. This will be scheduled for a public hearing within the next two months. Minute Book Number 27 Board of Supervisors Meeting of 01/1 0/01 147 COMMITTEE REPORTS FINANCE COMMITTEE The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on December 20,2000 at 8:00 a.m. Committee members Robert Sager and Ronald Hottle were absent. The agenda items are as follows: NOTE: ITEMS #2,3,5,6, & 7 were approved under the consent agenda. 1. The Fire and Rescue Director requests a General Fund supplemental appropriation in the amount of$50.000. This amount represents anticipated overtime costs for the remainder ofthe fiscal year. The current amount allotted for overtime has been depleted. Additional local funds are necessary. See attached memo, p. 1-2. The committee recommends an appropriation of$1 0,000 and requested that the Director bring back to the committee a proposal on overtime costs versus full-time personnel. Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the appropriation of $10,000 was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye 2. The Department of Public Safety Communications requests a General Fund supplemental appropriation in the amount of $35.020. This amount is needed to purchase communications software and will be reimbursed by the Wireless Board in February. No additional local funds are needed. See attached memo, p. 3-4. The committee recommends approval. 3. The Parks and Recreation Director requests a General Fund supplemental appropriation in the amount of $5.000. This amount represents a donation received that is intended to purchase top dressing materials for the Sherando Park soccer fields. No additional local funds are needed. See attached memo, p. 5. The committee recommends approval. 4. The Handley Library requests a General Fund supplemental appropriation in the amount of$32.017. This amount represents setup and training costs for the opening ofthe Bowman Library. Additional local funds are necessary. See attached memo, p. 6-7. The committee recommends approval. Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the above requests was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye 5. The Economic Development Director requests a General Fund supplemental appropriation in the amount of $4.000. This amount represents technology upgrades to the Shenandoah Valley TeleBusiness Center and will be reimbursed by the Federal Government. No additional local funds are needed. See attached memo, p. 8-13. The committee recommends Minute Book Number 27 Board of Supervisors Meeting of 01110/01 140 approval and endorsed the contract and Letter ofIntent. 6. The Airport Executive Director requests an Airport Fund supplemental appropriation in the amount of$271.275.57. This amount represents reimbursement to the State for the South Land Acquisition - Phase II project which was based on an 80/20 State/Local level. A Federal reimbursement was received for this project, therefore, a reimbursement to the State is requested. No additional local funds are needed. See attached memo, p. 14. The committee recommends approval. 7. The Airport Executive Director requests an Airport Fund budget transfer in the amount of $75.000. This amount is needed to cover anticipated expenditures for the Apron Expansion Construction project. No additional local funds are needed. See attached memo, p. 15. The committee recommends approval. 8. It has been recommended that the Chairman of the Finance Committee, Harrington Smith, approve all travel vouchers for the County Administrator. This item has been postponed until the next meeting. Supervisor Reyes suggested that perhaps a separate line showing reviewed - approved - disapproved. Supervisor Orndoff stated that he felt the Board Chairman should be the one to sign off on this form. Supervisor Sager asked ifthere was any written protocol. Supervisor Smith explained that this had been recommended by the auditors, and with him being Chairman of the Finance Committee, he has been signing the forms. Following discussion of this matter, Chairman Shickle directed the Board Members to express their views to him, concerning this item, before the next Finance Meeting. ** For Information Only ** Monthly financial statements for the month ending October 31,2000 are included. See attached memo, p. 16-74. BOARD OF SUPERVISORS COMMENTS There were no additional comments at this time. BOARD RETIRED INTO CLOSED SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the Board retired into Closed Session in accordance with the Code a/Virginia, 1950, as amended, Section 2.1-344, Subsection A, (3) to Discuss Acquisition and Disposition of Real Estate with the Frederick County School Board. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye Minute Book Number 27 Board of Supervisors Meeting of 01110/01 14 Sl W. Harrington Smith, Ir. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye BOARD WITHDRAWS FROM CLOSED SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the Board withdrew from Closed Session. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Ir. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the Board reconvened into Regular Session and certified nothing other than what was noted as reason for going into Closed Session was discussed. The above motion was approved by the following recorded vote: Richard C. Shiekle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, If. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye UPON MOTION MADE BY SUPERVISOR ORNDOFF, SECONDED BY SUPERVISOR SMITH, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME: 8:52 P.M.) ~~ Richard C. Shickle Chairman, Board of Supervisors Minutes Prepared By: :;rt.:wl.-rL~~ Q,'-.AUL/\ Carol T. Bayliss Deputy Clerk, Board of Supervisors Minute Book Number 27 Board of Supervisors Meeting of 01/10/01