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HomeMy WebLinkAboutJanuary 24, 2001 Regular Meeting 150 A WorksessionJRegular Meeting ofthe Frederick County Board of Supervisors was held on January 24, 2001 at 6:00 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Riehard C. Shickle; Vice Chairman Charles W. Orndoff, Sr.; W. Harrington Smith, Jr.; Robert M. Sager; Margaret B. Douglas; and Sidney A. Reyes. COUNTY FINANCE COMMITTEE: Don Butler; Richie Wilkins; Ron Hottle (arrived late); and County Treasurer C. W. Orndoff, Jr. STAFF County Administrator John R. Riley, Jr., Assistant County Administrator Kris Tierney, Deputy Clerk Carol T. Bayliss; Finanee Director Cheryl Shiffler; and Budget Analyst Jennifer Plaee. Chairman Shiekle called the worksession to order and asked County Administrator Riley to review with Board members the position of the county, at this time, with regard to the budget of Fiscal year 2001-2002. County Administrator Riley reviewed information provided by the Finance Department out- lining increases, as well as decreases, in various eounty departments and an explanation as to why this was done. He advised the Warrior Road Project is not included in the FY2002 budget, thus adding an additional $3 million to revenue. He addressed the area of additional tax revenue from the recent reassessment as part ofthe budget, as well as the possibility of the tax rate being rolled back. He advised that ifthe reassessment is used, a windfall will be realized in the current fiscal year of approximately $ I million, which would take place with the collection of June 5, 2001. The possibility of an additional one cent sales and use tax was also discussed. The school budget was discussed, but not in great detail, as their budget has yet to be presented to the Board. Administrator Riley suggested, for planning purposes, that the schools be given $4.6 million; however, he feels there should be some caveats with this figure. He further advised that the eounty eould hold $1 million and wait and see what the State does. Supervisor Smith inquired as to the amount currently in the Unreserved Fund Balance. Administrator Riley replied approximately $9.5 to $10 million; however, $3 million ofthis will be going to the Bowman Library. Administrator Riley stated that he would like for the Board to give some direction on the Minute Book Number 27 Board of Supervisors Meeting of 01/24/01 15~ reassessment figure, and determine what part this figure is playing in the budget. Chairman Shickle stated that he would like to know more about the CAD System. Emergency Services Director Gary DuBrueler addressed the Board to explain this system. Supervisor Sager asked about Warrior Drive and how these funds would be replaced when this project is ready to be completed. Chairman Shickle asked the status ofthis project. Public Works Director Ed Strawsnyder advised that the status of this project is with the Virginia Department of Transportation. Chairman Shickle asked Board members for their thoughts on what directive to give to the school board. Supervisor Reyes asked for more detail on what would happen ifthere was a roll back in taxes. Administrator Riley explained that all raises would be eliminated, everything would remain at prescnt level, and there would be no increase in the school budget. Supervisor Sager asked when would we get word from the State as to how much they would be sending us. Administrator Riley explained that it could be as late as their veto session. Treasurer Orndoff asked what the savings was to the school board on VRS. Administrator Riley responded that he thought some where around $1.3 million. Supervisor Douglas stated that she was not in favor of any roll back. Supervisor Rcycs advised that perhaps a partial roll back could be looked at. Chairman Shickle stated that he felt 7 cents and $3 million is a lot. Supervisors Smith and Orndoff stated that they would like to see the school board budget before making any final decisions on the county budget. Chairman Shickle inquired about the list of those organizations requesting donations from the county. We need to know ifthere are any additions or deletions. Finance Committee Member Wilkins stated that he felt 7 cents is a big increase. Supervisor Reyes agreed. He stated that there was a 5 cent increase last year, now we are discussing a possible 7 cents, along with a possible 1 cent sales tax. Committee Member Butler agrees that we can not keep increasing taxes every year. Minute Book Number 27 Board of Supervisors Meeting of 01124/01 1 h') JL Chairman Shickle feels there is a great deal of reluctance with some of these figures. He asked the Board members to review the information provided to them, and once the school board budget information is received, this will be forwarded to them for their review and input. 7:00 P.M. - COMMITTEE REPORTS Chairman Shickle advised that the Public Works and Finance Committee Reports would be heard at this time. LANDFILL OVERSITE COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The landfill oversight committee met on Thursday, January 18, 2001, at 8:00 a.m. in the fourth floor conference room at the Frederick County Administration Building. All committee members were present except Mike Noel, Gary Lofton and David Ash. The following issues were discussed: 1. Current Proiect Update: The Direetor of Public Works presented a brief progress report for the following projects: a. Municipal Solid Waste and Construction/Demolition Debris Expansion b. Yard Waste Grinding c. Extension of Landfill Gas to Shop d. Hauling of Leachate Collection Material 2. Supplemental Appropriations for Various Landfill Proiects: A request for supplemental appropriations outlined in the attached memorandum was presented for the committee's review. A motion was made by Charles W. Orndoff, Sr. and seconded by Tim Coyne, to approve the $2,600,000 supplemental appropriation request. The motion was unanimously approved. 3. Closed Session - Discussion of Legal Issues: A closed session was convened to discuss an ongoing legal issue. PUBLIC WORKS COMMITTEE REPORT The Public Works Committee met on Tuesday, January 9, 2001, at 10:00 a.m. All members were present. The following items were discussed: ***ltems Requiring Action*** 1. Supplemental Appropriation - Landfill Fund The Director of Public Works presented a request for supplemental appropriations to the current landfill budget. A summary of these supplemental requests is presented in the attached memorandum dated December 27,2000. The following action was taken: Item A: Land Acquisition: A motion was made by W. Harrington Smith, Jr. and seconded by Tom Offutt to appropriate $1,120,000 from the landfill reserve account for the completion of the purchase of the Peter Paul Riley farm. The motion was unanimously approved by the committee. - Approved Minute Book Number 27 Board of Supervisors Meeting of 01/24/01 JJ Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith, the above request 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 Item B.l: Construction of Municipal Solid Waste (MSW) Landfill- Phase II, Cell A: A motion was made by W. Harrington Smith, Jr. and seconded by George Ludwig to appropriate $960,000 from the landfill reserve account to fund the construction ofthe MSW - Phase II, Cell A. The motion was unanimously approved. The funds will be placed in line item 12-4204-7900-00 - Improvements Other Than- Approved Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith, the above request 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 Item B.2: Improvements to Riley Farm: A motion was made by George Ludwig and seconded by Jim Vickers to approve the appropriation of $260,000 for improvements to the Riley farm contingent upon the completion of the real estate transaction for the subject property. The motion was unanimously approved - Approved (This Item Was Inadvertently Missed When Presented Under The Public Works Committee Report; Therefore, It Was Voted On At The End of the Meeting.) Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith, the above request 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 Item C: Professional Services: A motion to approve an appropriation of$260,000 for professional services was made by Tom Offutt and seconded by George Ludwig. Of this amount, $60,000 was subject to the final real estate closure of the Riley property. The motion was unanimously approved - Approved Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith, the above request was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye Minute Book Number 27 Board of Snpervisors Meeting of 01124/01 1 h. / 0'+ W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye ***Items Not Requiring Action*** 1. Request for Environmental Inspector Position The Director of Public Works presented a request for a new position titled environmental inspector. (See attachment 2) A motion was made by W. Harrington Smith, Jr. and seconded by Tom Offut to approve the request. The motion was unanimously approved. The request will be forwarded to the Personnel Committee for their review and action. 2. Closed Session A closed session was held to discuss legal and personnel issues. 3. Miscellaneous Reports a. Tonnage Report (see Attachment 3) b. Recycling Report (see Attachment 4) c. Animal Shelter Dog Report (see Attachment 5) d. Animal Shelter Cat Report (see Attachment 6) FINANCE COMMITTEE REPORT The Finance Committee met in the First Floor Conference Room, 107 North Kent Street, on January 17,2001 at 8:00 a.m. Committee member Richie Wilkins was absent. Numbers 1.2.5. and 6 were approved under consent al!:enda 1. The Director of the 26th District Court Service Unit requests a General Fund supplemental appropriation in the amount of$42.626.86. This amount is needed to reimburse the state for unexpended funds for the VJCCCA during the bi-anim 98-00. No additional local funds arc needed. See attached memo, p. I. The committee recommends approval. - Approved Under Consent Agenda 2. The Department of Public Safety Communications requests a General Fund supplemental appropriation in the amount of $4.264.23. This amount represents a refund for pager service from Metrocall. The department now has pager service through DIT. No additional local funds are needed. See attached memo, p. 2. The committee recommends approval. - Approved Under Consent Agenda 3. The Department of Public Safety Communications requests a General Fund supplemental appropriation in the amount of $3.600. This amount was budgeted in FY 2000 but not expended until the current year. The expense is for coverage maps and Field Technical Representatives. Additional local funds are necessary. See attached memo, p. 3. The committee recommends approval.- Approved Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the above request 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 Meeting of 01124/01 lbb 4. The Regional Jail requests a Jail Fund budget transfer in the amount of $50.000. This amount represents anticipated expenditures for inmate drug and laboratory needs. No additional local funds are needed. See attached memo, p. 4. The committee recommends approval. - Approved Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the above request 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 Airport Executive Director requests an Airport Fund supplemental appropriation in the amount of $161.600. This amount represents an equal increase in revenue and expenditures reflecting the higher cost offuel. No additional local funds are needed. See attached memo, p. 5. The committee recommends approval. - Approved Under Consent Agenda 6. The Director of Court Services requests a Court Services Fund supplemental appropriation in the amount of $10.832. This amount is needed to convert a part-time Office Assistant to a full-time Office Assistant. No additional local funds are needed. See attached memo, p. 6. The committee recommends approval. - Approved Under Consent Agenda 7. The Library Director requests a Library Fund supplemental appropriation in the amount of$134.678.09. This amount represents other costs associated with the Bowman library building outside of construction costs. See attached memo, p. 7-8. The committee recommends approval.- Approved Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the above request 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 8. It has been recommended that the Chairman of the Finance Committee, Harrington Smith, approve all travel vouchers for the County Administrator. It was requested that a checklist be created to accompany all travel vouchers from the County Administrator. This checklist will be reviewed at the next Finance Committee meeting. Postponed 9. The Fire and Rescue Director distributed an overtime analysis for his department. This information was requested at December's Finance Committee meeting. As a result ofthis analysis, the committee approved a General Fund supplemental appropriation in the amount of$20.000. This amount is to cover the existing deficit in the overtime line item and to cover anticipated overtime through March. Additional local funds are necessary. The Fire and Rescue Director will return to the committee in March to discuss the possibility of hiring two additional relief personnel. See attached memo, p. 9-10. - Approved Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the above request was approved by the following recorded vote: Minute Book Number 27 Board of Supervisors Meeting of 01124/01 IbG 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 10. The Public Works Directdrrequests a General Fund supplemental appropriation in the amount of $20.288. This amount represents the cost for an environmental inspector position for the remainder of this fiscal year. Additional local funds are necessary. See attached memo, p. 11-17. The committee recommends approval. - Approved Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the above request 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 ***For Information Only*** 1. Attached is a letter of appreciation from the 4-H Center for the FY200l contribution made by Frederick County. 2. Monthly financial statements for the month ending November 30,2000 are included. See attached memo, p. 19-77. 3. Reminder: A joint Board of Supervisors/Finance Committee budget worksession has been scheduled for 6:00 p.m. on January 24, 2001 in the Board of Supervisors meeting room. Please Bring Budget Packages to this Meeting. 7:08 - RECESS 7:15 P.M. - CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION The invocation was delivered by Reverend Carl E. Moore with Maranatha Fellowship Church. PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA Administrator Riley advised that #B.2 was overlooked when the Public Works Committee Report waS presented earlier; therefore, he would like to add that to the agenda at this time (NOTE: This item is reflected in the vote as part of the Public Works Committee Report). Upon motion made by Supervisor Sager, seconded by Supervisor Reyes, the agenda was Minute Book Number 27 Board of Supervisors Meeting of 01124/01 ~ '7 J. 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 CONSENT AGENDA Administrator Riley suggested Tab J for the consent agenda. I. Landfill Oversite Committee Report - Tab 1. Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the consent agenda 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 CITIZEN COMMENT No one appeared before the Board at this time. MINUTES Upon motion made by Supervisor Orndoff, seconded by Supervisor Reyes, the minutes of the Regular Meeting of January 10,2001 were approved, as submitted, 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 OFFICIALS EV AN WYATT & KRIS TIERNEY APPOINTED TO LORD FAIRFAX PLANNING DISTRICT COMMISSION (LFPDC) Upon motion made by Supervisor Smith, seconded by Supervisor Sager, Evan Wyatt and Kris Tierney were appointed to the LFPDC. Mr. Wyatt will replace County Administrator Riley and Kris Tierney will be serving in the capacity as Assistant County Administrator. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Minute Book Number 27 Board of Supervisors Meeting of 01124/01 1 h:O JU Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye KRIS TIERNEY APPOINTED to COMMUNITY POLICY MANAGEMENT TEAM Upon motion made by Supervisor Smith, seconded by Supervisor Sager, Assistant County Administrator Tierney was appointed to the Community Policy Management Team 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 SUSAN LOCKRIDGE AND BASSAM T. SABBAGH REAPPOINTED TO THE COMMUNITY POLICY AND MANAGEMENT TEAM (CPMT) Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, Susan. Lockridge and Bassam Sabbagh were reappointed to the CPMT 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 (#027-01) IN SUPPORT OF AN APPLICATION FOR A VIRGINIA DEPARTMENT OF TRANSPORTATION TEA-21 GRANT - APPROVED Assistant Administrator Tierney presented this resolution to the Board advising them that if this grant is approved the grant funds would be used to develop a graphic image for the district as well as place signs at all the major entrance routes to the district. Upon motion made by Supervisor Sager, seconded by Supervisor Reyes, the following resolution was approved: WHEREAS, the Shenandoah Valley Battlefield Foundation intends to submit an application for Virginia Department of Transportation TEA-21 Grant monies to develop a "graphic image program" to establish a graphic identity for, and begin marketing the Shenandoah Valley Battlefields National Historic District; and, WHEREAS, Frederick County lies within the district and desires to promote and protect the numerous battlefields and many ofthe other historically significant sites within its boundaries; and, WHEREAS, the identification and recognition of the district through the design and Minute Book Nnmber 27 Board of Supervisors Meeting of 01/24/01 ~() '-' I placement of the proposed signage would be of great benefit to the county's tourism efforts and to efforts to protect our historic resources; NOW, THEREFORE, BE IT RESOLVED thatthe Frederick County Board of Supervisors wishes to express its support of this grant application Passed this 24th day of January, 2001. The above resolution 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 JOINT RESOLUTION (#028-01) OF THE FREDERICK COUNTY BOARD OF SUPERVISORS AND WINCHESTER COMMON COUNCIL RE: INCREASE IN LOCAL SALES AND USE TAX - APPROVED WHEREAS, Frederick County and the City of Winchester must comply with a growing number of unfunded mandates, both state and federal; and WHEREAS, the tax sources currently available to Frederick County and the City of Winchester do not generate adequate funds for the cost of unfunded state and federal mandates, plus the cost of those services needed by Frederick County and Winchester City citizens; and WHEREAS, the Frederick County Board of Supervisors (the "Board") and the Winchester Common Council (the "Council") , has concluded that an increase in local sales and use tax would be an equitable means for securing additional local tax revenues; and WHEREAS, until amended, Virginia Code Sections 58.1-605 and 58.1-606 limits to one percent (I %) the general retail sales and use tax which may be levied by Frederick County and the City of Winchester; and WHEREAS, the Board and Council adopt this resolution to formally request action amending said code section to enable Frederick County and the City of Winchester to increase its general retail sales and use tax from one percent (1 %) to two percent (2%). NOW, THEREFORE, BE IT RESOLVED, that the General Assembly is requested to amend Virginia Code Section 58.1-605 and 58.1-606 to allow the Board and Council to increase from one percent (I %) to two percent (2%) the general retail sales and use tax which may be levied by counties, cities and towns after approval by the voters via referendum. BE IT FURTHER RESOLVED, that said proceeds would be designated for use by the public school systems and roads of both jurisdictions. PLANNING COMMISSION BUSINESS PUBLIC HEARINGS: PUBLIC HEARING - CONDITIONAL USE PERMIT #19-00 OF FRED H. RHOTON (B & F HOME IMPROVEMENTS) FOR A COTTAGE OCCUPATION TO OPERATE A HOME IMPROVEMENT BUSINESS. THIS PROPERTY IS LOCATED AT 921 HUDSON HOLLOW ROAD AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 86-A-196 IN THE OPEQUON MAGISTERIAL DISTRICT - APPROVED Minute Book Number 27 Board of Supervisors Meeting of 01124101 Planner I Howard Long presented this request to the Board advising them that st annmg was BLIC AND ETAL TY IS WITH OUON t it had nal use 00 was bruary DTO SPAID ER 37- aff and ard that 1b Planner I Howard Long presented this request to the Board advising that staff and pI commission recommended approval with conditions. There Was no public input. Upon motion made by Supervi sor Sager, seconded by Supervisor Smith, the above CUP 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 CHAIRMAN SHICKLE READS LIST OF RULES FOR BOARD PU HEARINGS PUBLIC HEARING - CONDITIONAL USE PERMIT #18-00 OF DONNIE RACHEL HAMMAN FOR A COTTAGE OCCUPATION FOR SHEET M FABRICATION AND STORAGE OF MATERIALS. THIS PROPER LOCATED AT 160 JOURNEYMAN LANE AND IS IDENTIFIED PROPERTY IDENTIFICATION NUMBER 87-4-1 IN THE OPE MAGISTERIAL DISTRICT - POSTPONED Planner I Jeremy Camp appeared before the Board at which time he explained tha been brought to the planning department's attention that the required sign for a conditio permit had not been displayed at this site for the required 30 days. Upon motion made by Supervisor Sager, seconded by Supervisor Douglas, CUP # 18- postponed for thirty days. (NOTE: due to the scheduled public hearing of Shockey on Fe 28, 2001 this CUP will be rescheduled for a later date.) 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 PUBLIC HEARING - CONDITIONAL USE PERMIT #20-00 OF ROY S. SP AI OPERATE A DOG KENNEL. THIS PROPERTY IS LOCATED AT 198 LANE AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMB A-35C IN THE BACK CREEK MAGISTERIAL DISTRICT - APPROVED planning commission recommended approval with conditions. Pam Spaid, adjoining property owner, appeared before the Board and advised the Bo Minute Book Number 27 Board of Supervisors Meeting of 01124/01 1", 0, she and her husband have lived at their present location for the past twenty years. Ms. Spaid further explained that at no time have they asked that the dogs be removed, as their only complaint is with the continuous barking ofthe dogs, and this is very annoying to them. She asked that the Board do whatever they could to help with this ongoing problem. Roy Spaid, applicant, appeared before the Board and explained that he did not understand what the problem was, as he has bought his dog licenses' for the last twenty years. He further explained, that to the best of his knowledge, there has only been this one complaint, and to the best of his knowledge, the dogs are not barking any more now then they have for the past ten years. Ronald Spaid, neighbor, appeared before the Board and explained that "all Spaids" have had dogs for years. He feels that due to a number ofthe trees being cut down along the hill, the buffer is no longer there, thus making the sound more pronounced than before. Roy Spaid once again appeared before the Board at the request of Supervisor Douglas. Supervisor Douglas asked Mr. Spaid why he had a problem with erecting a privacy fence? Mr. Spaid replied that he did not feel it was necessary. He further explained that in all the years that he has had the dogs no one else, to his knowledge, has complained with the exception of Pam and her husband. Upon motion made by Supervisor Douglas, seconded by Supervisor Sager, CUP #20-00 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 PUBLIC HEARING - CONDITIONAL USE PERMIT #17-00 OF RHODA W. KRIZ FOR AN EXPANSION TO CONDITIONAL USE PERMIT #24-99 WHICH PERMITS A COTTAGE OCCUPATION FOR A BED AND BREAKFAST. THE PROPOSED EXPANSION IS TO PROVIDE FOR WEDDINGS. WEDDING RECEPTIONS AND OTHER GATHERINGS SUCH AS SEMINARS. ETC. THIS PROPERTY IS LOCATED AT 547 APPLE PIE RIDGE ROAD AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 42-A-206 IN THE GAINESBORO MAGISTERIAL DISTRICT - DENIED Supervisor Reyes explained that due to a possible conflict he would not be entering into any discussion or voting on this request. Planner I Jeremy Camp presented this request to the Board advising that staffrecommended approval with conditions; however the planning commission recommended denial. Minute Book Number 27 Board of Supervisors Meeting of 01124101 102 Rhoda Kriz appeared before the Board at which time she explained she wanted to expand her original CUP #24-99 to provide the opportunity for weddings and/or wedding receptions either outdoors, indoors or both and to hold small seminars. Chuck Maddox with G.W. Clifford Associates appeared before the Board at which time he presented a slide presentation of the house and surrounding acreage that would be the site of this CUP request. The following individuals appeared before the Board to address CUP #17-000: Phil Farley - adjoining property owner, is opposed to this CUP. He has three children and this neighborhood is for families and not businesses. He presented pictures to the Board wherein he showed the proximity of his house to the property in question. He asked the Board to vote no on this request and to also rescind their original CUP request approved last year, as he had opposed that also. Gary Dove - resident ofFoxlair Subdivision, has not noticed any increase in traffic, and feels this is a great idea. He did however, ask that this CUP be rescinded when and if this property is vacated by Mr. & Mrs. Kriz. Jan Revere, Regional Representative of the Virginia Bed and Breakfast Association, and owner of a Bed and Breakfast in Berryville, Virginia. She feels this is a good location for what the Kriz's are proposing and something that is needed in this area. Chairman Shickle asked that when individuals address the Board, that they please give their magisterial district, as well as their name, and that the Board is mostly interested in citizens from Frederick County. Paul Hillyard, resident of192 W oodcrest Drive, having owned his lot since 1976. He asked that this request be denied as this is a residential area and he does not feel any businesses should be allowed. He stated that he was very disappointed that his Board representative chose not to represent his constituents in this matter. Judy Shade, lives approximately one and quarter miles from the site in question and she is not in favor of this request. She further stated that she knows of two other businesses that are interested in opening up in this area, should this request be approved. She asked that this request be denied, and further she expressed her disappointment in her Board representative not representing his constituents as he should. Minute Book Number 27 Board of Supervisors Meeting of 01124/01 103 Steve Lineaweaver, area resident having lived there for 28 years. He has no problems with this request. He feels this will create no more noise, traffic, or congestion than is already coming from the local high school. There have been other businesses in the area and there were no problems as far as he knows. He feels the service they will provide is something that is needed in the area. Bob Fetter, resident of2l2 Woodcrest, stated that his main concern would be the sale ofthe property and how this would affect the neighbors. He would ask ifthis request is approved that one of the conditions would be that this permit would become null and void should this property be sold. Kris S-?, resident of North Apple Pie Ridge Road in Gainesboro District, feels this type of business would be good for the area. She does not see that there would be any problems with traffic or noise as a result of this conditional use permit. She further stated that she feels there is a need for this type of business. Linda Martenson, area resident, is not in favor of this request as she feels this type of business does not belong in the middle oftheir neighborhood. She also expressed disappointment in not being represented by their Board member on this issue. Rebecca McTavish, Gloucester Drive, explained to the Board that she felt ifthis request was approved it would be setting a precedent, and she was not in favor of the request. She further advised that this is a residential neighborhood and not the place for a business. Wally KuKanich Gainesboro District, is opposed to this request, feels it is inconsistent use of the property. He asked the Board to deny the request. Randy Baldwin, resident of Apple Pie Ridge, asked that this request be denied. He supported the bed and breakfast, as he was led to believe that would be the end. He is not in favor of extending this permit. Jason Spitzer, student living on McGuire Road in Gainesboro District, explained how he felt this would not be good for his neighborhood with the increased traffic. He further explained that there are runners as well as bikers in this area and this increase in traffic would not be good. He also expressed disappointment in the fact that their Board member was not representing his constituents. Chairman Shickle advised those citizens who plan to address the Board on this matter to state only their opinion on the request and not their thoughts on their Board Members' decision to abstain on this matter, as they could address that with him later. Joe Bowman, Gainesboro District, advised that he was not in favor ofthis request, and asked Minute Book Nnmber 27 Board of Supervisors Meeting of 01124/01 1" , 0' the Board to listen to the neighbors that would be impacted by this permit should it be approved by the Board. David Newlin, Gainesboro District, advised the Board that he is the eleventh neighbor that has appeared before the Board to oppose this request, and that this matter is very important to this neighborhood. He asked the Board to uphold what is spelled out in the zoning ordinance. Jennifer?, area resident, asked the Board to deny this request, as she does not feel this will help their community. Phil Farley appeared before the Board to once again reiterate what he and a number of the neighbors had expressed earlier, and that being, that they do not want strangers in their neighborhood. Ms. Kriz asked to address the Board once again, as she had requested this following her presentation; however, this was not agreed upon by the Board. Supervisor Douglas addressed the areas of concern with alcohol, and explained that there would not be any alcohol. There would not be that many more vehicles, and that noise would not be a problem. Planning Director Wyatt explained about the issue of this permit being transferred to someone else should this property change owners. He explained that this is not something that is transferrable. Supervisor Douglas moved to approved CUP # 17-00, with Supervisor Smith seconding the motion. The above motion was denied by the following recorded vote: , Richard C. Shickle - Nay Charles W. Orndoff, Sr. - Nay W. Harrington Smith, Jr. - Aye Robert M. Sager - Nay Margaret B. Douglas - Aye Sidney A. Reyes - Abstained OTHER PLANNING ITEMS: SUBDIVISION APPLICATION #01-01 OF BUTLER MANUFACTURING COMPANY - APPROVED Zoning Administrator Eric Lawrence presented this request to the Board advising that this request is for the subdivision of a 33 + acre tract into two lots. John Lewis, with Painter Lewis, P.L.C., appeared before the Board to answer any questions Minute Book Number 27 Board of Supervisors Meeting of 01124/01 b5 they may have. Supervisor Orndoff questioned as to whether the sewer would be going with tract #1 as well as the location of the right of way to the back acreage. Mr. Lewis replied that there is a 50 ft. right of way and that #2 will be responsible for their own water. Administrator Riley further explained that a pump and haul permit would serve lot #2, and there would be approximately 3 to 6 employees at the site during the day with the remaining employees in and out during the day. Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith, Subdivision Application #01-01 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 BOARD OF SUPERVISOR COMMENTS There were no additional comments at this time. UPON MOTION MADE BY SUPERVISOR ORNDOFF, SECONDED BY SUPERVISOR SAGER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED.(TIME: 9:02 P.M.) "- ~ C' 2L2_J....., Richard C. Shickle Chairman, Board of Supervisors Minutes Prepared By: ~I'I.~ -r ~ ~ Carol T. Bayliss Deputy Clerk, Board of Supervisors Minute Book Number 27 Board of Supervisors Meeting of 01/24/01