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April 25, 2001 Regular Meeting 23 A Worksession/Regular Meeting ofthe Frederick County Board of Supervisors was held on April 25, 2001, at 5:30 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, Ir.; Robert M. Sager; Margaret B. Douglas; and Sidney A. Reyes. CALL TO ORDER Chairman Shick1e called the meeting to order. 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, (1), (5) and (7) to Discuss PersOlmel, Economic Development - Industrial Prospect; and Legal Issues. 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 WITHDRAWS FROM CLOSED SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the Board withdrew from Closed 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 BOARD RECESSED Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the Board recessed at this time. The above motion was approved by the following recorded vote: Minute Book Number 27 Board of Supervisors Meeting of 04/25101 37 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 FOR WORKSESSION ON REDISTRICTING Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the Board reconvened into a worksession for discussion of redistricting. 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 Director Evan Wyatt addressed the Board wherein he explained that redistricting is mandated every ten years by the Justice Department and new boundary lines are drawn in order that each magisterial district is close in population. Director Wyatt presented three options under the present five district plan, and three options under a new six district plan. He reviewed these options individually by using colored maps of each district. He explained that this redistricting would not affect the school system. Supervisor Sager asked Director Wyatt to outline the pros and cons of the two plans. Director Wyatt explained that with a new district, each Board member would have fewer constituents to represent. There would be fewer committees to serve on, and with an additional Board member, there would be no tie votes. With plan five, there would be fewer citizens displaced. County Administrator Riley explained if a sixth district is selected, the individual cannot be appointed to serve, this can only be done through the election process. Chairman Shickle asked Board members to cast their votes at this time as to their preference. Richard C. Shickle - 5 - Opt. 1 Charles W. Orndoff, Sr. - 6 - Opt.1 W. Harrington Smith, Jr. - 5 - Opt. 1 Robert M. Sager - 5 - Opt. 1 Margaret B. Douglas - 5 - Opt. 1 Sidney A. Reyes - 5 - Opt. 1 Chairman Shickle inquired what would happen should a Board member change their mind from the way they would vote tonight and the public hearing scheduled for May 9 on redistricting. Minute Book Number 27 Board of Supervisors Meeting of 04/25/01 23 Director Wyatt explained that June 13, 2001 is the effective date of the redistricting; however, the Board is scheduled to meet on May 23, at which time a final decision could be made. County Registrar Mike Janow appeared before the Board to further explain the guidelines based upon population numbers within each district in addition to the increase in precincts. Chairman Shickle referred to the public hearing advertisement. He asked if only one option is being advertised would that mean the other options would not be discussed at the meeting. Supervisor Reyes advised that he feels all the options should be outlined in order that the citizens be made aware of the various options that were presented to the Board for their review. The public hearing is scheduled for May 9, 2001 for redistricting of the county with a recommendation of Plan 5 Option 1 be advertised as the Board's choice. END OF WORKSESSION (TIME:7:02 P.M.) REGULAR MEETING - CALL TO ORDER Chairman Shickle called the regular meeting to order. INVOCATION The invocation was delivered by Supervisor Sager, in absence of a minister. He further asked the Board if a resolution could be done for the late Reverend Carl E. Moore of the Maranatha Fellowship Church, who recently passed away. Reverend Moore had given the invocation at numerous Board of Supervisor Meetings over the years. Upon motion made by Supervisor Sager, seconded by Supervisor Douglas, the request of Supervisor Sager for a resolution, in memory of the late Reverend Carl E. Moore, 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 PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA County Administrator Riley advised that he had nothing to add. Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the agenda was adopted by the following recorded vote: Minute Book Number 27 Board of Supervisors Meeting of 04/25/01 39 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 D - Proclamation for Historic Preservation Week for approval under consent agenda. Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, 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 Marie Straub, Stonewall District, Treasurer of Apple Ridge Homeowners Association, appeared before the Board to further stress to the Board that the citizens of Apple Ridge Subdivision do not want an access road off of Channing Drive. Ms. Straub advised that there are a number of children in this subdivision and allowing more traffic in this area would only add to the already dangerous situation that currently exists. Doug Cochran, resident of Stephenson, appeared before the Board concerning the discussions of a meeting being scheduled between the Board and various citizen groups concerning the rezoning request of Mid Atlantic Technical Business Park. He urged the importance of such a meeting and suggested that May 12 or May 19 could possibly be considered. Mark Stivers, resident of Stephenson, advised that he would like to follow up on the same topic as presented by Doug Cochran. He further requested that the following "rough draft" of possible discussion items for the worksession with the Board, He presented this draft to Assistant County Administrator Kris Tierney and requested that it be made part ofthe record. Rough Draft Work Session Purpose To provide information to the Frederick County Board of Supervisors and to answer its questions concerning the proposed industrial rezoning of Stephenson. Minute Book Number 27 Board of Supervisors Meeting of 04/25/01 24 Environment Values, Development and Compatibility Location, Topography and Wetlands Opequon Water Shed and Water Resources Soil Erosion and Sedimentation Pollution: Soil, Air and Water Quality and Health Social/Quality of Life Values, Development and Compatibility Pollution: Noise Light and Traffic, Roads, Buses, Safety, Schools Property Values Community Impact Historical Values, Development and Compatibility Battlefields and Preservation CSX Rail Spur Impact Other Historical Resources, Milburn District Cemetery and Methodist Church Tourism Economic Values, Development and Compatibility Tourism and Economics Other Ml & M2 Net Value Model Other Additional Resources Alternatives Planning Concerns, Etc. MINUTES Supervisor Douglas advised that on page 2 ofthe minutes of March 28,2001, it shows county citizen Sharon Boyd being a resident of Back Creek District, and this should read Gainesboro District. Upon motion made by Supervisor Orndoff, seconded by Supervisor Reyes, the minutes of March 28, 2001 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 Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith, the minutes of the worksession of April 3, 2001 were 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 COUNTY OFFICIALS: Minute Book Number 27 Board of Supervisors Meeting of 04/25/01 41 COMMITTEE APPOINTMENTS NORTHERN SHENANDOAH VALLEY TOUIDSM BOARD TO BE ACTED UPON AT NEXT MEETING Chairman Shickle asked Board members to review the enclosed list of names and be prepared to vote on the county's representatives at the Board meeting on May 9. ROGERL. THOMAS REAPPOINTED TO THE PLANNING COMMISSION FROM OPEOUON DISTIDCT Upon motion made by Supervisor Sager, seconded by Supervisor Orndoff, Roger L. Thomas was reappointed to the Planning Commission from Opequon District. This is a four-year appointment. This term will begin on June 14,2001 and expire on June 14,2005. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jf. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye VERNON E. MARSTELLER. JR. REAPPOINTED TO THE SOCIAL SERVICES BOARD FROM GAINESBORO DISTIDCT Upon motion made by Supervisor Reyes, seconded by Supervisor Sager, Vernon E. Marsteller was reappointed to the Social Services Board from Gainesboro District. This is a four- year appointment. This term will begin on July 1,2001 and expire on June 30, 2005. The above appointment 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 J. PATIDCK RUSSELL REAPPOINTED TO THE WINCHESTER REGIONAL AIRPORT AUTHOIDTY Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith, J. Patrick Russell was reappointed to the Winchester Regional Airport Authority as a county representative. This is a four year appointment. The term will begin on July 1,2001, and expire on June 30, 2005. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sf. - Aye W. Harrington Smith, Jr. - Aye Minute Book Number 27 Board of Supervisors Meeting of 04/25/01 24 Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye PROCLAMATION (#006-01) FOR HISTOIDC PRESERVATION WEEK - APPROVED UNDER CONSENT AGENDA WHEREAS, the richness of Virginia's history is unparalleled across this vast nation; and WHEREAS, historic buildings and places connect us with that history, providing unique character to Virginia's communities that enhances quality oflife, economic development, education, and tourism; and WHEREAS, historic preservation, because it helps instill a sense of community, is relevant for the people of Frederick County of all ages, all walks of life, and all ethnic backgrounds; and WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals who preserve the tangible aspects ofthe heritage that shape us as the people of Frederick County and Virginians; and WHEREAS, "Restore, Renew, Rediscover Your Historic Neighborhood Schools" is the theme for National Preservation Week 2001, cosponsored by the Preservation of Historic Winchester, the Winchester-Frederick County Historical Society, the Commonwealth of Virginia, and the National Trust for Historic Preservation. NOW, THEREFORE, BE IT RESOLVED, THE BOARD OF SUPERVISORS OF THE COUNTY OFFREDEIDCK, VIRGINIA, do hereby proclaim May 13-19,2001 as Historic Preservation Week, and call upon the people of Frederick County to join their fellow citizens across the state in recognizing and participating in this special observance. ADOPTED this 2Sth day of April, 2001. SCHEDULING OF BOARD MEETINGS DUIDNG THE SUMMER MONTHS - APPROVED Upon motion made by Supervisor Sager, seconded by Supervisor Orndoff, the second meeting of June (27th), July (2Sth), and August (22nd) will be canceled in order to provide adequate time for the Board and staff to schedule their summer vacations. 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 HEAIDNG FOR MID ATLANTIC TECHNICAL BUSINESS PARK SCHEDULED FOR JUNE 12.2001. AT 6:00 P.M.. SHERANDO HIGH SCHOOL Upon motion made by Supervisor Sager, seconded by Supervisor Smith, June 12, 2001,6:00 P.M., is date and time scheduled for the public hearing of Mid Atlantic Technical Business Park, at Sherando High School. Minute Book Number 27 Board of Supervisors Meeting of 04/25/01 43 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 - Ay~ Margaret B. Douglas - Aye Sidney A. Reyes - Aye WORKSESSION WITH REPRESENT A TIVES OF MID ATLANTIC TECHNICAl. BUSINESS PARK AND GROUP OF COUNTY CITIZENS (FCVCC) OPPOSING THIS REZONING REQUEST - DENIED Chairman Shickle asked County Administrator Riley where the County currently stands with the suit brought by certain county citizens against the Board with reference to the County's Comprehensive Plan. Administrator Riley explained to the Board that Judge Prosser ofthe Twenty-Sixth Circuit Court had found in favor of the Frederick County Board of Supervisors in the suit brought by Norward T. O'Roark, et al. The Final Decree stated that the Plaintiffs' Bill is hereby DISMISSED WITH PREJUDICE. THE CAUSE IS ENDED per the Final Decree. Chairman Shickle asked his fellow Board members as to their thoughts on when a worksession might be scheduled for discussion with the individuals from both sides of this rezoning request. Supervisor Reyes advised that he felt it was very healthy to have discussions as more dialogue aides in everyone understanding each others thoughts and concerns; however, he felt a worksession, in this situation, would be setting a precedent for the future, and one that he is not comfortable with. Supervisor Sager stated that he felt the entire group should be supportive of those individuals selected to represent the group. Supervisor Reyes explained that was his point. Where do you draw the line? Supervisor Orndoff stated that the Board told the citizens when the public hearing was postponed that we would have a meeting with the representatives, and he feels the Board should be as good as their word. Supervisor Douglas agreed. Supervisor Smith stated that he feels this has been discussed long enough, and that the public hearing will be sufficient time for receiving public comment. Minute Book Number 27 Board of Supervisors Meeting of 04/25/01 24 Chairman Shickle advised that he has concerns as to how this type of meeting would work, for he can see it being a difficult meeting to conduct. Supervisor Sager moved to have a worksession with representatives of each group. Supervisor Douglas seconded the motion. Chairman Shickle asked for a roll call vote on conducting two separate worksessions, for discussion ofthe public hearing format, for the above rezoning request. Richard C. Shickle - Nay Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Nay Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Nay The vote was a tie vote; therefore, the motion is denied. PLANNING COMMISSION BUSINESS: PUBLIC HEARING PUBLIC HEARING - CONDITIONAL USE PERMIT #02-01 OF DAVID AND LISA MOORE (SEASONAL COLORS LANDSCAPE & LAWN MAINTENANCE. INC.) FOR A LANDSCAPE CONTRACTING BUSINESS. THIS PROPERTY IS LOCATED AT 120 GREEN SPRING ROAD AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 22-7-1-4 IN THE GAINESBORO MAGISTERIAL DISTRICT - DENIED Planner I Mark Cheran presented this request to the Board advising that staff and planning commission recommended denial. Lisa Moore, applicant, appeared before the Board at which time she explained what she and her husband had planned to do, at this location, with their operation of a landscape contracting business. David Moore appeared before the Board to explain further the business and advised that nine full time employees and three part-time employees were part of the business; however, they were only there in the early morning hours to get their trucks. He further explained there is one part-time secretary, three days a week, and no one else is there during the day. The following area residents appeared before the Board to oppose this conditional use permit request: Niles Hokkaner, Green Springs Road, stated that the chemical trucks concern him in that a chemical spill could have adverse effects on the neighbors and he feels if this is approved by the Board it will be setting a precedent. Minute Book Number 27 Board of Supervisors Meeting of 04/25/01 245 Russo Carmine, 571 Warm Springs Road, stated he had no problems with the Moore's as neighbors; however, this type of business in this area is wrong. He feels permits should have been obtained first. He is concerned that ifthis request is granted the business would expand. Roger Sheriff, next doorneighbor, feels ifthis is approved the neighborhood will deteriorate, and he asked the Board to deny the request. Ralph Cumberland, neighbor, feels this is wrong use in this area and asked Board to deny. Debra Hoken, Green Springs Road, stated that the Virginia Department of Transportation advised Mr. Moore about the entrance to the property, and the fact it would have to be enlarged to accommodate the trucks that park there on a daily basis. She feels this size parking lot, for trucks, should not be allowed at this location. David Moore advised the Board that the gas tanks have always been empty. He further advised the tanks on the trucks are used for water only and no chemicals are in these tanks. All his chemical spraying is done by an outside firm. Joseph Oakes, resident of Warm Springs Road, is opposed to this request as he feels there are safety issues. Sharon Boyd, Gainesboro District, stated that she feels this is an issue that deals with the quality oflife. She feels this is an issue that is being raised more and more in Frederick County, and one that the board of supervisors should be looking at very carefully, as it is affecting more and more citizens within Frederick County. Debra Hoken advised that had Mr. Moore not been sited for operating a business without the proper permit, gas would have been in the tanks. Marie Russo, Warm Springs Road, asked the Board not to approve this request, as they would be setting a precedent. Supervisor Reyes advised that he has visited the site, and that he has given this request a great deal of consideration. He feels this is definitely a case of "the cart before the horse," and even though a lot of money has been spent at the location, it does not out weigh the fact that the business has been operating illegally, and for that reason he moved for denial of conditional use permit #02- 01. Supervisor Sager seconded the motion. The above motion was approved by the following recorded vote: Minute Book Number 27 Board of Supervisors Meeting of 04/25/01 246 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 COMMITTEE REPORTS: FINANCE COMMITTEE The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on April 18, 2001 at 8:00 A.M. UPON MOTION MADE BY SUPERVISOR SMITH, SECONDED BY SUPERVISOR SAGER, NUMBERS 2, 3, & 4 WERE APPROVED UNDER CONSENT AGENDA. 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 1. The Assistant County Administratorrequests a General Fund supplemental appropriation in the amount of $20.1 72. This amount represents what is needed to award a contract to Lantz Construction Company to perform renovations to the Old County Courthouse. This amount was included in the current year budget request for the Consolidated Maintenance Fund but was cut by the school board administration staff without notification. It is requested that this amount be appropriated to 4304-7011-000-000 Alterations to Old Buildings. Additional local funds are necessary. See attached memo, p. 1-5. 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 2. The Court Services Director requests General Fund budget transfers totaling $32.849. These transfers are needed to cover expenditures. No additional local funds are needed. See attached memo, p. 6. The committee recommends approval. Consent 3. The Sheriff requests a General Fund supplemental appropriation in the amount of $2.850.90. This amount represents reimbursement for overtime incurred by the regional drug task force and is requested to be appropriated to the overtime line item in the Sheriffs Office budget. No additional local funds are needed. See attached memo, p. 7. The committee recommends approval. Consent 4. The Parks and Recreation Department requests a General Fund supplemental appropriation in the amount of $952. This amount represents an insurance reimbursement for a vehicle accident and is requested to be appropriated to 7109-3004-000-002 Repair and Maintenance- Vehicle. No additional local funds are needed. See attached memo, p. 8. The committee Minute Book Number 27 Board of Supervisors Meeting of 04/25/01 47 recommends approval. Consent 5. The Fire and Rescue Director requests a General Fund supplemental appropriation in the amount of$15,OOO. This amount is needed to cover anticipated overtime costs for the remainder of the current fiscal year. Additional local funds are necessary. See attached memo, p. 9-13. 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 6. The Regional Jail Administrator requests a Regional Jail Fund supplemental appropriation in the amount of $99,000 and a Regional Jail Fund budget transfer in the amount of $3,000. This appropriation and transfer are needed to cover anticipated food and food service supplies for the remainder of the current fiscal year. See attached memo, p. 14. 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. Shick1e - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye 7. As requested, the Commissioner of the Revenue gave the committee an update on the land use values. ***For Information Only*** Monthly financial statements for the month ending February 28,2001 are included. See attached memo, p. 15-72. BOARD OF SUPERVISORS COMMENTS Supervisor Reyes, who serves as liaison on the Fire & Rescue Committee, addressed the Board expressing his concerns with county funding ofthe county fire companies. He feels that this is an area within the county budget that should be looked at more closely. He stated that their requests are reduced each year and this concerns him. He feels the county is very fortunate to have the volunteers they do, and would like to see more county funds going to the fire companies in the future. Chairman Shick1e referred to correspondence that has been received concerning VDOT Minute Book Number 27 Board of Supervisors Meeting of 04/25/01 24 running sewer lines to the rest area along Route 81 North in Stonewall District. He advised that all correspondence has been forwarded to the county planning department. UPON MOTION MADE BY SUPERVISOR SAGER, SECONDED BY SUPERVISOR REYES, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME: 8:08 P.M.) (L.JLQ ~ Richard C. Shickle Chairman, Board of Supervisors /" Minutes Prepared By: ~T ~ ~ Carol T. Bayliss Deputy Clerk, Board of Supervisors Minute Book Number 27 Board of Supervisors Meeting of 04/25/01