April 11, 2001 Regular Meeting
222
A Regular Meeting of the Frederick County Board of Supervisors was held on April 11,
2001, 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 Charles W. Orndoff, Sr.; W. Harrington Smith,
Jr.; Robert M. Sager; Margaret B. Douglas; and Sidney A. Reyes.
CALL TO ORDER
Chairman Shickle called the meeting to order.
INVOCATION
The invocation was delivered by Reverend George Stewart of the Little MountainJPleasant
Valley/Mt. Pleasant United Methodist Church.
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
County Administrator Riley advised that he would like to add the Joint Finance Committee
Report and pull Tabs F & H - (these two items are covered in the Joint Finance Committee Report).
He further requested to add discussion of a possible worksession on redistricting to the agenda in lieu
ofthese two tabs.
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, Sr. - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
CONSENT AGENDA
Administrator Riley suggested the following tab for approval under consent agenda:
1. Closing of County Offices for Apple Blossom Festival - Tab D.
Upon motion made by Supervisor Sager, 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
Minute Book Number 27
Board of Supervisors Meeting of 04/11/01
23
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
CITIZEN COMMENT
No one appeared before the board at this time.
COUNTY OFFICIALS
SCHOOL PRESENTATION ON SITE PLAN FOR NEW HIGH SCHOOL -
APPROVED
AI Orndoff, Administrative Assistant to Superintendent of Schools, appeared before the
board at which time he introduced Architect Phil Pappas of Oliver, Webb, Pappas, and Rhuddy.
Mr. Pappas referred to a site plan, on display behind the board, at which time he pointed out
the location ofthe 230,000 sq. ft. parking lot that will accommodate 1,000 vehicles, and the stadium
that will seat 4,000. He further explained that the floor plan is 10,000 feet larger than Shernado High
School, and the site work for this plan is out to bid.
Supervisor Sager had various questions about the location of hall lockers and security
measures.
Supervisor Smith inquired about the number of practice fields shown, and whether this has
cut down on available parking. He asked if that many fields were necessary.
Supervisor Reyes asked about a sprinkler system and whether a swimming pool was planned.
Mr. Pappas explained where the blue area is shown on the plan are wetlands, and this has
reduced the availability of acreage for construction or use of any kind; however, a swimming pool
was looked in to and the price tag is approximately $3 million.
Supervisor Orndoff stated that it was his understanding that the original land purchase was
approximately 128 acres with 22 ofthese being used for the Red Bud Elementary School. He asked
about the use of the remaining acreage once the high school is constructed.
Mr. Pappas explained that due to the wetlands/topography certain portions were not useable,
and after the necessary roads are constructed, there will not be any useable acreage left.
Chairman Shickle asked Mr. Pappas ifhe felt all pertinent questions had been covered by the
board at this time.
Mr. Pappas replied yes, but he wanted to inform the board that from what is known at this
point it does not appear that blasting at the site will be necessary; however, this cannot be
guaranteed.
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Board of Supervisors Meetiug of 04/11/01
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Upon motion made by Supervisor Sager, seconded by Supervisor Reyes, the site plan, as
presented by the architects, 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
DR. JACK POTTER. WITH VALLEY HEALTH SYSTEMS. ADDRESSED THE
BOARD RE: INSTANT TECHNOLOGY SYSTEM
Dr. Potter, employee of emergency room at Winchester Medical Center, explained to the
board a new technology system that will assist, not only emergency room doctors, but EMS staff,
as they transport accident victims to the hospital. He advised the board of new technology that is
fairly new to this area; however, it is very beneficial in saving lives. He further explained to the
board that the medical profession is very excited about this, and the plan at this time is to bring the
entire Lord Fairfax Planning District into this system. He further advised that portions of the
program are in place on Interstate 81, and that the plans are for this to be a pilot project for two
years.
COMMITTEE APPOINTMENTS
DEENA KELLY APPOINTED TO SHAWNEELAND SANITARY DISTRICT
ADVISORY COMMITTEE
Upon motion made by Supervisor Douglas, seconded by Supervisor Smith, Deena Kelly was
appointed to the ShawneeLand Sanitary District Advisory Committee. This is a three year
appointment. This term will begin on July 1,2001, and expire on June 30, 2004.
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
MARTIN KILLINGBECK REAPPOINTED TO HISTORIC RESOURCES
ADVISORY BOARD FROM GAINESBORO DISTRICT
Upon motion made by Supervisor Reyes, seconded by Supervisor Orndoff, Martin
Killingbeck was reappointed to the Historic Resources Advisory Board. This is a four-year
appointment. This term will begin on April 12, 2001, and expire on April 12, 2005.
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Board of Supervisors Meeting of 04/11/01
25
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
DARWIN S. BRADEN APPOINTED TO COUNTY SANITATION AUTHORITY
FROM GAINESBORO DISTRICT
Upon motion made by Supervisor Reyes, seconded by Supervisor Smith, Darwin Bradwin
was appointed to the Sanitation Authority from Gainesboro District. This term will begin on April
15,2001, and expire on April 15, 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
RESOLUTION (#039-01) RE: ADOPTION OF FY2001-2002 BUDGET -APPROVED
County Administrator Riley presented the following resolution to the Board:
WHEREAS a notice of public hearing and budget synopsis has been published and a public
hearing held on March 28,2001, in accordance with Title 15.2, Chapter 25, Section 15.2-2506, of
the Code of Virginia, 1950 as amended.
THEREFORE BE IT FURTHERRESOL VED by the Board of Supervisors ofthe County
of Frederick, Virginia, that the budget for the 2001-2002 fiscal year as advertised in The Winchester
Star on March 16, 2001, be hereby approved in the amount of$195,136,893.
WHEREAS the budget amounts represent the total, less transfers between funds.
WHEREAS the difference in the proposed budget and approved budget equals further
reductions in expenditures to offset the increase in the land-use deferral.
BE IT FURTHER RESOLVED that the County of Frederick budget for the 2001-2002
fiscal year be adopted as follows:
General Operating Fund:
General and Financial Admin.
Judicial Administration
Public Safety
Public Works
Health/Welfare
Education - Community College
Parks, Recreation & Cultural
Community Development
Non-Departmental Expenses
Regional Jail Fund
Landfill Fund
Minute Book Number 27
Board of Supervisors Meeting of 04/11/01
$ 5,315,922
1,024,987
10,271,999
2,882,145
3,953,934
45,123
3,928,607
2,092,366
1,825,520
7,339,846
5,500,946
22
Division of Court Services Fund
Shawneeland Sanitary District Fund
Airport Operating Fund
Airport Capital Fund
Consolidated Maintenance Fund
School Operating Fund:
Instruction
Administration, Attendance & Health
Pupil Transportation
Operation & Maintenance
Facilities'
School Cafeteria Fund
School Construction Capital Project Fund
School Debt Service Fund
Larrick & Sides Trust Funds
School Textbook Fund
Unemployment Compensation Fund
NREP Operating Fund
NREP Textbook Fund
976,873
531,860
1,054,502
520,000
261,348
62,257,047
3,603,734
4,921,666
6,904,930
41,500
3,678,441
54,800,000
7,688,670
1,100
970,566
10,000
2,723,261
10,000
BE IT FURTHER RESOLVED that the Board of Supervisors ofthe County of Frederick,
Virginia, does herein adopt the tax rate for the 2001 assessment year at a rate of 61 cents to be
applied to real estate, the rate of$4.20 to be applied to personal property, $2.25 applied to personal
property on one vehicle to volunteer firefighters that are approved and registered with the Fire and
Rescue Department, the rate of 42Y2 cents to be applied to airplanes and zero tax to be applied to
antique vehicles. The Business and Professional Occupational License rates are as follows: retail
20 cents per $100 of gross receipts, professional services 58 cents per $100 of gross receipts,
personal and business 36 cents per $100 of gross receipts, wholesale 5 cents per $100 of purchases
and the rate of$2.00 on declining values to be applied to machinery and tools, and contract carrier
classified vehicles. The Sanitary Landfill fees are as follows: $38 per ton for less than 12,000 tons
a year; $36 per ton for more than 12,000 but less than 24,000 tons a year; $34 per ton for more than
24,000 but less than 36,000 tons a year; $32 per ton for more than 36,000 but less than 48,000 tons
a year; $30 per ton for more than 48,000 tons a year; $30 per ton for construction demolition debris;
$25 per ton for municipal waste and $8 per ton for municipal sludge. The local tax for Enhanced
911 Service will be at a set rate of$1.60.
BE IT FURTHER RESOLVED that appropriations are hereby authorized for the central
store's fund, special welfare fund, comprehensive services fund, county health insurance fund,
school health insurance fund and unemployment compensation fund equal to the total cash balance
on hand at July 1,2001, plus the total amount of receipts for the fiscal year 2001-2002. The Fire
Company Capital appropriation will include the current year appropriation plus any unused funds
at the end of fiscal year 2001.
BE IT FURTHER RESOLVED that this resolution reflects categorical funding for the
School Board budget.
Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the above resolution
was approved by the following recorded vote:
Richard D. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
CLOSING OF COUNTY OFFICES FOR APPLE BLOSSOM FESTIVAL -
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Board of Supervisors Meeting of 04/11101
27
APPROVED UNDER CONSENT AGENDA
All county offices will be closed Friday, May 4,2001, in observance of the annual Apple
Blossom Festival.
RESOLUTION (#040-01) FROM WINCHESTER AND WESTERN RAILROAD RE:
RAIL PRESERVATION APPLICATION - APPROVED
Agent John W. Hood, ofthe Winchester & Western Railroad Company, appeared before the
Board, to present this application request and to answer any questions they might have.
Supervisor Orndoff moved to approve the following resolution with Supervisor Reyes
seconding the motion:
WHEREAS, the WINCHESTER & WESTERN RR desires to file an application with the
VIRGINIA DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION for safety and
improvement projects; and
WHEREAS, the identified improvement projects are estimated to cost $6,537,808.00; and
WHEREAS, the 2001 General Assembly has approved funding for the acquisition, lease or
improvement of railways within the Rail Industrial Access Program budget; and
WHEREAS, the WINCHESTER & WESTERN RR is an important element of the
WINCHESTER/FREDERICK COUNTY transportation system; and
WHEREAS, the WINCHESTER & WESTERN RR is instrumental in the economic
development of the WINCHESTER/FREDERICK COUNTY area, and provides relief to the
highway system by transporting freight, and provides an alternate means of transporting
commodities; and
WHEREAS, FREDERICK COUNTY supports the project and the retention of rail service;
and
WHEREAS, the COMMONWEALTH TRANSPORTATION BOARD has established
procedures for all allocation and distribution ofthe funds approved by the 2001 General Assembly.
NOW, THEREFORE, BE IT RESOLVED that FREDERICK COUNTY does hereby
request the VIRGINIA DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION to give
priority consideration to the projects proposed by the WINCHESTER & WESTERN RR totaling
$6,537,808.00 in FREDERICK COUNTY and THE CITY OF WINCHESTER.
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
CONCURRENT RESOLUTION OF THE BOARD OF SUPERVISORS OF
FREDERICK COUNTY AND THE CITY COUNCIL OF THE CITY OF
WINCHESTER CREATING THE NORTHERN SHENANDOAH VALLEY
TOURISM BOARD - PULLED AS THIS ITEM APPEARS ON THE JOINT
FINANCE COMMITTEE REPORT
Minute Book Number 27
Board of Supervisors Meeting of 04/11/01
REOUEST FROM THE COMMISSIONER OF THE REVENUE FOR THE
TREASURER TO ISSUE A REFUND FOR AN EXONERATION - APPROVED
Upon motion made by Supervisor Reyes, seconded by Supervisor Orndoff, authorization was
granted to the Treasurer of Frederick County to issue a refund to Heilig Meyers Furniture, Inc. for
an exoneration in the amount of$4,073.83.
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
REDISTRICTING WORKSESSION SCHEDULED FOR APRIL 25. 2001 AT 6 P.M.
JOINT FINANCE COMMITTEE REPORT
The Joint Finance Committee met on April 6, 2001, at 2:00 p.m., in the Winchester City
Council Chambers. Present were Frederick County representative's Richard C. Shickle,
W. Harrington Smith, Jr., and John R. Riley, Jr.; and Winchester City representative's Charles T.
Gaynor, John B. Schroth, and Edwin C. Daley.
***Items Requiring Action***
1. Fundinl! Reauest of Our Health - Approved
Dr. Robert Kendall and David Sweeney of Our Health requested that the Joint Finance
Committee recommend a funding commitment of$25,000 each (city and county) to assist with the
capital funding raising campaign. Per the attached project update (see Attachment 1), the first phase
ofthe project is land acquisition followed by renovating existing building. The county currently has
$15,000 budgeted for next fiscal year. The committee recommends approval.
Chairman Shickle advised that "at the time of the purchase of the property" needs to be
made part of the motion, as this was part of original motion at the Joint Finance Meeting.
Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the above request
was approved, as amended, in the amount of $25,000 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. Joint Tourism Resolution - Approved
The committee reviewed the attached resolution and recommends approval (see
Attachment 2).
Supervisor Sager moved to approve the following resolution with Supervisor Smith,
seconding the motion:
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Board of Supervisors Meeting of 04/11/01
29
BE IT HEREBY RESOLVED by the Frederick County Board of Supervisors and the
Winchester City Council that:
I. Creation
There is hereby created the Northern Shenandoah Valley Tourism Board.
2. Purpose
The Northern Shenandoah Valley Tourism Board is established for the purpose of fostering
an efficient and cooperative effort toward establishing tourism and marketing programs and
strategies for the Frederick County-Winchester area.
3. Composition. Appointment, Term
The Board shall consist of a majority of private sector members.
Four members shall be appointed from motels. restaurants and the retail sector.
Three members shall be appointed from the public/nonprofit sector to include:
museums
arts and theater
recreation and sports
agriculture
tour groups'
events and festival's
battlefields'
history and other
The above shall be voting members appointed jointly by the Board of Supervisors and City
Council for a three-year term on a staggered basis. Initial terms shall include:
A. Two private sector and one public non-profit sector appointments for three years;
B. One private sector and one public/nonprofit for two years; and,
C. One private sector and one public/nonprofit for one year. Thereafter, all terms shall be three
years.
The following shall each appoint a non-voting representative on an annual basis.
1. Frederick County Board of Supervisors
2. Winchester City Council
3. Winchester-Frederick County EDC Board members
4. Chamber of Commerce Board members
5. Old Town Development Board member
The following will be available to provide staff support to the Board:
Frederick County Administrator
Winchester City Manager
Frederick County Director of Planning
Winchester Director of Planning
Winchester-Frederick County Chamber of Commerce Visitor Center
4. The Board shall recommend an organizational chart and by-laws, which shall be approved
by the Board of Supervisors and City Council. The annual budget shall also be approved by
the Board and Council
5. Program Funding
A. Each jurisdiction shall contribute $160,000 to the initial program year (2001-2002). Future
year contributions shall be made on a 50%-50% basis.
B. The maximum funds allocated by the jurisdictions to the program in future years shall be
based on the percentage of increase in combined City and County motel tax receipts over the
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Board of Supervisors Meeting of 04/11/01
23
prior year. As an example, the maximum 2002-2003 program year allocation from the
County and City shall be $320,000 plus the percentage of increase in combined motel tax
receipts. A 5% increase in motel tax receipts would equal $16,000 ($8,000 per jurisdiction)
in additional tourism funds for a total public sector contribution of $336,000 (please note
that the original resolution presented to the Board included an incorrect figure of
$316,000-$320,000 + $16,000 = $336,000 and was the intent of the resolution).
Interest income shall be added to this fund total.
The City of Winchester shall serve a fiscal agent beginning July 1,2001. The Board may opt
to become its own fiscal agent or use another entity with approval of the Board of
Supervisors and City Council. The City shall provide a monthly statement of beginning
balance; public sector dollars added; private sector dollars added and expenditures by line
item to the Tourism Board and contributing jurisdictions.
C. A private sector match of a minimum of 20% of the public sector contributions shall be
included in the program budget. This shall include marketing and advertising payments made
directly by participating Frederick County and Winchester businesses.
6. Compensation
All members of the Northern Shenandoah Valley Tourism Board shall serve without
compensation.
7. Organization. Officers. Ouorum
The members ofthe Northern Shenandoah Valley Tourism Board shall, as soon as possible
after their appointment, meet and organize. The Board shall elect a Chairman, Vice
Chairman, Secretary and other such officers as it may deem necessary. A majority of the
members of the Board shall constitute a quorum. All bylaws shall be approved by the
Frederick County Board of Supervisors and the Winchester City Council.
8. Reports and Budgets
At least once each quarter, the Board shall make a full written report to the Frederick County
Board of Supervisors and the Winchester City Council showing the activities of the Board
for the previous quarter. Once each year the Board shall submit a report of its goals and
proposed activities for the coming year. The Board shall also annually submit a budget to the
Board and Council.
9. Program Transition
The existing tourism contract shall remain in effect until June 30, 2001.
The Chamber of Commerce Tourism Director shall serve as Interim Tourism Executive
Director until the Tourism Board appoints a new Director.
Frederick County shall continue as fiscal agent until June 30, 2001. The City shall become
fiscal agent July 1, 2001. The City shall prepare a monthly statement of beginning balance;
public sector dollars added; private sector dollars added; other income added, and
expenditures by line item to the Tourism Board and the contributing jurisdictions.
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
3. Joint Resolution to Support a New Interchanl!e at 1-81 at Panermill Road
Overnass/Battaile Drive Extension - Approved
Minute Book Number 27
Board of Supervisors Meeting of 04/11/01
231
A lengthy discussion ensued where Richard Shickle emphasized the importance of having
local input into the Virginia Department of Transportation's planning process on these proposals.
While Mr. Shickle stated that this was not the county's highest priority, he felt it important to
support the city in its efforts to provide relief to overloaded existing interchanges on 1-81 and to
provide an outlet for traffic in the Papermill Road/Shawnee Drive area of the city and county. It
is the committee's recommendation that this resolution be endorsed (see Attachment 3). In
continuing the discussions, the committee requested that the city and county staff present the W A TS
plan to the committee and that staff begin preliminary design work on those interchanges impacted
by the 1-81 widening project. The committee felt that it was critical that the city and county take the
lead on these projects and stress what is important and what works for us.
Assistant County Administrator Kris Tierney explained about C-D roadways as there was
some confusion among Board members.
Following additional discussion, the following was deleted from the last paragraph, fourth
line, page two: (between exits 313 and 310 (Route 37 South).
Upon motion made by Supervisor Sager, seconded by Supervisor Douglas, the following
resolution was approved:
WHEREAS, the City of Win chester ("City"), County of Frederick ("County") and the Town
of Stephens City worked in conjunction with the Virginia Department of Transportation ("VDOT")
on the adopted Winchester Area Transportation Study ("W ATS") covering long-range and short-
term transportation needs in the Winchester area, and;
WHEREAS, the City adopted a resolution on August 11, 1998, approving the W A TS subject
to three conditions, one of which was that the Plans be amended by including an 1-81 Interchange
in the vicinity of Battaile Drive; and,
WHEREAS, the County adopted a resolution on June 9, 1998, approving the W ATS subject
to certain other conditions; and,
WHEREAS, VDOT, as an initial step toward improving 1-81, employed HSMM to prepare
an Interstate 81 Improvement Study ("Study") for Study Area #10 resulting in the publication of a
Final Report dated November 1998; and,
WHEREAS, as a part of the abovementioned Study, traffic analyses were prepared by
TransCore for each of the existing interchanges, including the Route 50, 522, 17 interchanges (Exits
313, 313A &313B) where the future year (2020) analysis shows nearly two out of every three
southbound 1-81 vehicles exiting the interstate; and,
WHEREAS, the Study called for a Single-Point Urban Interchange (SPill) at Exit 313 which
is now being reevaluated due to cost and concerns about the inability of a SPill to effectively handle
uneven volumes of opposing left-turning traffic exiting the Interstate; and,
WHEREAS, the City and the County have for at least the past six years communicated their
desires to see additional access provided to 1-81 between Exits 313 and 310 along with the
establishment of Collector-Distributor (C-D) roadways incorporated into the final design of the
Interstate widening proposal; and,
WHEREAS, the establishment of C-D roadways would improve the safety of interstate
mobility through the Winchester-Frederick County areas by separating the mainline traffic from the
very high volume of regional traffic seeking destinations served by the interchanges in the
Winchester-Frederick County areas; and,
Minute Book Number 27
Board of Supervisors Meeting of 04/11/01
232
WHEREAS, C-D roadways would permit the establishment of an interchange in the vicinity
of Batt aile Drive to reduce the costs of interchange construction and extent of business disruption
in the vicinity of Exit 313 by dispersing existing and future regional traffic seeking commercial and
industrial destinations in the Winchester-Frederick County areas; and,
WHEREAS, the City and County are fully aware of the need for VDOT to provide FHW A
with justification for additional or revised access points on the Interstate System based upon issues
such as safety, traffic operation and coordination with land use which three aspects of interchange
justification we feel are served by the incorporation of C-D Roadways and an access to the C-D
network in the vicinity of Battaile Drive;
NOW THEREFORE, BE IT RESOLVED, that the Common Council of the City of
Winchester and the Board of Supervisors for the County of Frederick hereby recommend that the
Commonwealth Transportation Board request VDOT and FHW A to incorporate C-D roadways with
access to and from the C-D roadways provided in the vicinity of Battaile Drive and the existing
PaperMill Road overpass.
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
***Items for Information Only***
1. Discussion of Old Frederick County Courthouse Renovation Project
Frederick County Administrator John Riley briefed the committee on the status of the Old
Frederick County Courthouse renovation project. It was requested that the city consider funding a
portion ofthe remaining $231,000 in bid alternates which would allow the museum to open this fall.
The city indicated that they would take said request under advisement.
2. Fundinl! ReQuest from Judl!e Robert K. Woltz to Start Preliminary Desi~n for
Washin~ton Square
Judge Woltz briefed the committee on the chronology of the request to create an open green
space park area in front of the Winchester-Frederick Joint Judicial Center (see Attachment 4). After
a lengthy discussion, Judge Woltz requested funding in the amount of$10,000 to start the design
phase ofthe park. Judge Woltz renewed his earlier commitment to fund $2,500 ofthe cost provided
the city and county committed financially to this phase oftheproject. The committee recommended
that Councilman John Schroth seek a pro bono effort from local architectural and engineering firms
to design the first phase of the park.
JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF FREDERICK
COUNTY AND THE CITY COUNCIL OF THE CITY OF WINCHESTER RE: NEW
INTERCHANGE ON 1-81 - PULLED AS THIS APPEARS ON THE JOINT
FINANCE COMMITTEE REPORT
PLANNING COMMISSION BUSINESS:
PUBLIC HEARING:
PUBLIC HEARING - REZONING #02-01 OF IRONGATE. INC.. SUBMITTED BY
PAINTER-LEWIS. P.L.C. TO REZONE A 14.43 ACRE PORTION OF A 48.26 ACRE
TRACT FROM RA (RURAL AREAS) TO Ml (LIGHT INDUSTRIAL). THIS
PROPERTY IS LOCATED ON THE SOUTH SIDE OF FAIRFAX PIKE (ROUTE
Minute Book Number 27
Board of Supervisors Meeting of 04/11/01
233
277). APPROXIMA TEL Y 2 1/4 MILES WEST OF THE CLARKE COUNTY LINE
AND IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 87-A-12 IN
THE OPEOUON MAGISTERIAL DISTRICT - APPROVED
Planning Director Evan Wyatt presented this request to the board stating that the planning
commission unanimously recommended approval with the amendments presented by the applicant,
with the exception of one proffer which was subsequently amended to disallow any use of the
property other than the existing use, which is a fabrication shop and office.
Mr. Ridings appeared before the Board on behalf of his request.
There was no public input.
Upon motion made by Supervisor Sager, seconded by Supervisor Douglas, rezoning request
#02-01 was approved, as presented, 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 - REZONING #03-01 OF JEFFREY E. WILLIAMS.
SUBMITTED BY G. W. CLIFFORD & ASSOCIATES. INC.. TO REZONE 1.75
ACRES FROM RA (RURAL AREAS) TO R5 (RESIDENTIAL RECREATIONAL).
THIS PROPERTY IS LOCATED 1.7 MILES SOUTH OF DOUBLE TOLLGATE ON
THE WEST SIDE OF ROUTE 340 AND 522 SOUTH AND IDENTIFIED WITH
PROPERTY IDENTIFICATION NUMBER 94-A-l IN THE OPEOUON
MAGISTERIAL DISTRICT - APPROVED
Planning Director Evan Wyatt presented this request to the Board advising that the planning
commission recommended unanimous approval with proffers as submitted by the applicant.
Supervisor Reyes inquired about the dredging that Kris Bates had inquired about, at the last
board meeting, concerning this area.
Chuck Maddox, with G. W. Clifford Associates, appeared before the Board to explain
there is an agreement with the Department of Game and Inland Fisheries that any necessary
corrections will be made along the way, as this will be monitored.
There was no public input.
Upon motion made by Supervisor Sager, seconded by Supervisor Reyes, rezoning request
#03-01 was approved, as presented, 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 04/11/01
234
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
OTHER PLANNING ITEMS:
SUBDIVISION WAIVER REQUEST OF JAMES H. ADAMS. JR.. (POSTPONED
FROM FEBRUARY 28. 2001 BOARD MEETING) - APPROVED
Supervisor Smith stated that he would be abstaining from all discussion and voting on this
subdivision waiver request of James H. Adams, Jr., due to a possible conflict. Assistant Planning
Director Eric Lawrence presented this request to the Board and updated them on what had transpired
since the last meeting. He advised that the Coopers have stated there is a well on their property. The
well is not within the existing right-of-way, but might be impacted by an expanded right-of-way.
This well is an older, rusted, hand-pumped well located approximately 80 feet from the existing
gravel right-of-way. He further advised the Board that no agreement has been reached by the parties
involved and a waiver cannot be granted unless the Board changes the current guidelines.
Supervisor Douglas asked why the well issue was being brought up now when it was her
understanding that the well had not been used in quite some time.
Douglas Cooper appeared before the Board and stated that the well has been used from time
to time.
Supervisor Reyes stated that he had requested to have this request postponed to see ifthe two
parties could resolve their differences, but from all indications, that is not going to happen; therefore,
he would move to approve the waiver request of James H. Adams, Jr.
Supervisor Sager seconded the motion.
Subdivision Waiver Request ofJ ames H. Adams, Jr. was approved by the following recorded
vote:
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
W. Harrington Smith, Jr. - Abstained
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
BOARD OF SUPERVISORS COMMENTS
There were no additional comments at this time.
UPON MOTION MADE BY SUPERVISOR SAGER, SECONDED BY SUPERVISOR
SMITH, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD,
Miuute Book Number 27
Board of Supervisors Meeting of 04/11/01
35
THIS MEETING IS HEREBY ADJOURNED.
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Richard C. Shickle
Chairman, Board of Supervisors
Minutes Prepared By: e,~ T (3., 't ~)
Carol T. Bayliss
Deputy Clerk, Board of Supervisors
Minute Book Number 27
Board of Supervisors Meeting of 04/1 1/01