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HomeMy WebLinkAboutMay 23, 2001 Regular Meeting 26 A regular meeting of the Frederick County Board of Supervisors (hereinafter referred to as "Board") was held on May 23, 2001, at 5:15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice Chairman Charles W. Orndoff, Sr.; W. Harrington Smith, Jr.; Robert M. Sager; Margaret B. Douglas; and Sidney A. Reyes. CALL TO ORDER Chairman Shickle called the meeting to order. BOARD RETIRED INTO CLOSED SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the Board retired into Closed Session in accordance with the Code of Virginia, 1950, as amended, Section 2.1-344, Subsection A(l) and (3) to discuss Personnel and Acquisition and Disposition of Real Estate. 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 WITHDREW FROM CLOSED SESSION Upon motion from W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the Board withdrew from Closed Session. The above motion 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 RECONVENED INTO REGULAR SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the Board reconvened into regular session and certified nothing other than what was noted as reason for going into Closed Session was discussed. The above motion was approved by the following recorded vote: Minute Book Number 27 Board of Supervisors Meeting of OS/23/01 261 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 DEPARTMENT HEAD EVALUATIONS CERTIFIED Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sf., the following department head evaluations were certified: Division of Court Services Director - D. Scott Anderson Parks and Recreation Director - James M. Doran Fire and Rescue Director - Gary A. DuBrueler Personnel Director - Ann K. Kelican Finance Director - Cheryl B. Shiffler Public Works Director - Harvey E. Straw snyder, Jr. Data Processing Director - Charles B. Tyson, Jr. Assistant County Administrator - Kris C. Tierney 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 RECESS (6:45 P.M.) Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the Board recessed until 7:15 P.M. 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 CALL TO ORDER Chairman Shickle called the regular meeting to order at 7: 15 P.M. INVOCATION The invocation was delivered by the Reverend David Witt of the Opequon Presbyterian Church. PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA Minute Book Number 27 Board of Supervisors Meeting of OS/23/01 262 County Administrator John R. Riley, Jr., advised that he had two items to add to the agenda. 1) Request from the county administrator for an Operational Contingency Transfer to cover cost for the workers' compensation prcmium. This item to be added to the Finance Committee Report submitted in this agenda. 2) Board of Zoning Appeals Nomination. This item to be added under County Officials. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., 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 County Administrator Riley suggested Tab C - Resolution to Request for Installation of "Watch for Children" Sign - Greenfield Avenue in Stonebrook Subdivision be approved under consent agenda. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., 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 COMMENTS DOlll: Cochran - Stonewall District is opposed to the approval of the rezoning request for the Mid Atlantic Technical Business Park by Mr. Shockey. Mr. Shockey's failure to comply with requests of the Planning Commission to "identify the land uses that would be permitted within the industrial park and technology center instead ofthose that would be prohibited" concerned him but yet the Planning Commission approved the rezoning. He went into detail about the OSHA Standard Industrial Classification (SIC) Manual and the types of SIC's that would be allowed with this rezoning. His complete statement was submitted in writing and is on file in the Office ofthe County Administrator. Mr. Cochran's allotted time ofthree minutes did not allow him enough time to finish reading his statement and was continued by another speaker later under this segment ofthe agenda (Gina Forrester). Minute Book Number 27 Board of Supervisors Meeting of OS/23/01 63 Don Smith - Stonewall District appeared before the Board to read an open forum letter submitted to The Winchester Star and the Office ofthe County Administrator and authored by Marie Straub who was ill and unable to attend the meeting. The letter addressed Supervisor Sager's statement that he might abstain from voting on the question of rezoning of the Shockey properties because his church reportedly owns land in the area that may be rezoned and it could be perceived as a conflict of interest ifhe votes on the matter. Based on this statement, Ms. Straub conveyed her concerns that Chairman Shickle was ethically bound to abstain for the same reasons due to his position as Treasurer of the Board of Trustees and an employee of Shenandoah University who accepts donations from the Shockey Companies in amounts ranging from $25,000 to $150,000 per year. The letter details as to how this opinion was derived and is on file in the Office of the County Administrator. Mr. Smith's allotted time ofthree minutes did not allow him to finish the reading of this Jetter and was continued by another citizen later in this section (Sharon Boyd). Gina Forrester - Stonewall District finished the reading of Mr. Cochran's statement. In summary it was asked that if the rezoning is approved, limit the types of industry that will be allowed in the Shockey rezoning. If Shockey does not comply with this request, the rezoning should be denied. Warren Golil:htly - Shawnee District appeared before the Board to express his concerns with the Shockey rezoning request. He will be unable to attend the public hearing scheduled for July and asked the board to deny this request due to the battlefield significance of the property and the property should be preserved. Maureen Kin!!: - Stonewall District expressed her concern with Chairman Shickles' voting on the Shockey rezoning because of his position at Shenandoah University and feels he should abstain from voting on this rezoning. Sharon Boyd - Gainesboro District continued the reading of Mrs. Straub's letter as previously read by Mr. Smith. She also presented a stack ofletters to the Board from the community and is on file in the Office of the County Administrator. MINUTES OF APRIL 25. 2001 - APPROVED Upon motion made by Charles W. Orndoff, Sr., seconded by Sidney A. Reyes, the minutes ofthe regular meeting of April 25, 2001, were approved as presented by the following recorded vote: Richard C. Shickle - Aye Minute Book Number 27 Board of Supervisors Meeting of OS/23/01 '264 Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye COUNTY OFFICIALS THOMAS R. MALCOLM NOMINATED TO SERVE ON BOARD OF ZONING APPEALS FROM SHAWNEE MAGISTERIAL DISTRICT Upon motion made by W. Harrington Smith, Jr., seconded by Sidney A. Reyes, Thomas R. Malcolm was nominated to serve on the Board of Zoning Appeals to fill the unexpired term of Gilbank F. Hamilton that expires on December 31, 2003. Mr. Malcom's name will be submitted to Judge Prosser of the Twenty-Sixth Circuit Court for his consideration. 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 WILLEY G. DEMBECK REAPPOINTED TO THE LORD FAIRFAX EMERGENCY MEDICAL SERVICES (EMS) COUNCIL AS A FREDERICK COUNTY REPRESENTATIVE Upon motion made by Sidney A. Reyes, seconded by Charles W. Orndoff, Sr., Willey G. Dembeck was reappointed to the Lord Fairfax EMS Council as a Frederick County representative, for a three year term. The 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 RESOLUTION (#046-00 REOUESTING THE INSTALLATION OF "WATCH FOR CHILDREN" SIGN - GREENFIELD AVENUE IN STONEBROOK SUBDIVISION - APPROVED UNDER CONSENT AGENDA WHEREAS, the 1997 Session of the Virginia Assembly amended the Code of Virginia adding Section 33.1-210.2 relating to the installation and maintenance of "signs alerting motorists that children may be at play nearby," and WHEREAS, this act provides for the adoption of a resolution by the governing body of any county requesting the Virginia Department of Transportation to install and maintain this type of sign, and Minute Book Number 27 Board of Supervisors Meeting of OS/23/01 65 WHEREAS, the source of funding for the installation of this sign shall come out of the secondary system construction allocation to the affected county. The costs of maintaining such sign shall be paid out of the secondary system maintenance allocation to the affected county; and WHEREAS, Greenfield Avenue (Route 1112) is located in a residential area and is within the secondary road system and is a viable candidate for a "Watch for Children" sign, and BE IT THEREFORE RESOLVED, the Frederick County Board of Supervisors does hereby request that the Department of Transportation install "Watch for Children" signs in accordance with the provisions of Section 33.1-210.2 of the Code of Virginia. BE IT FURTHER RESOLVED, that a certified copy ofthis resolution be forwarded to the Resident Engineer of the Virginia Department of Transportation. REOUEST FOR LANDFILL TRANSFER OF FUNDS IN THE AMOUNT OF $15.000 FROM LINE ITEM 12-4204-5806-02 TO 12-4204-5408-02 - APPROVED County Administrator Riley presented this request. This transfer was requested due to continued fluctuation of increased fuel prices. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., this transfer 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 Supervisor Smith requested that all future budget request identify the line item for appropriations and transfers. PLANNING COMMISSION BUSINESS: PUBLIC HEARING PUBLIC HEARING - REZONING #04-01 OF WINCHESTER EOUlPMENT COMPANY. SUBMITTED BY PAINTER-LEWIS. P.L.C.. TO REZONE 23.39 ACRES FROM RA (RURAL AREAS) TO B3 aNDUSTRlAL TRANSITION) - APPROVED Deputy Planning and Development Director Eric R. Lawrence presented this request. This property is located adjacent to the dumpster site on North Frederick Pike (Rt. 522) and Indian Hollow Road (Rt. 679), across from the Virginia Farm Market, and is identified with property identification numbers 42-A-188 and 42-A-189 in the Gainesboro Magisterial District. The Planning Commission, in their meeting of May 2, 2001, recommended approval ofthis rezoning to include the proffers submitted by the applicant. Supervisor Reyes asked for elaboration on spot zoning. Deputy Director Lawrence explained Minute Book Number 27 Board of Supervisors Meeting of OS/23/01 26 interpretations have been mixed on this particular request because the site is adjacent to the Virginia Farm Market which is zoned B2 and adjacent to the Albin Community Center which the Comprehensive Plan indicates should provide services for the community. Due to the user proposing an agriculture type service, spot zoning could be mitigated just by the efforts of what is being proposed in the application. North of the site you have a B2, B3, and M1 and is in close proximity to other zonings other than agriculture. John Lewis of Painter- Lewis PLC appeared before the Board to address Supervisor Reyes' question regarding steps that will be taken to screen or protect the viewshed. The land north ofthe building is elevated approximately 20 feet higher and overlooks the proposed building site to the south where most of the battle was fought in this area. The applicant feels screening would actually restrict some of the viewshed of the site and a proffered easement to be accepted by the civil war interest group would be more appropriate and the higher grounds used to view the battlefields. Mf. Doug Rinker, president of the Winchester Equipment Company, addressed the concern made by Supervisor Reyes regarding fencing around this property. He advised the Board that he did not intend to use a high chain link barb wire fence on the front ofthe property because other security measures would be used for security. This type fencing may be used in the back ofthe property to avoid theft and vandalism of equipment. Further explanation and discussion of the required buffers and uses ofthe property took place to better understand what the applicant was required to do and what the applicant had proffered to do. The proffers that were submitted by the applicant exceeded the legal requirements of the rezoning request. Discussion followed regarding the Core Battlefield area and the defined boundaries for the Second Battle of Winch ester Battlefield. The applicant has voluntarily submitted a proffer statement with this application to implement efforts to reduce the negative impacts that may be associated with the development of the property for commercial uses. The summary of these proffers are outlined in the proffer statement and is on file in the Office of Planning and Development. Katherine Whitesell. Back Creek District, stated her family owns property adj acent to two sides of this property. She has done a lot of paperwork and has come up with a battlefield plan to have their property eligible for the National Registry. Concerns were also addressed with the second parcel and the 50 foot buffer. Her understanding is a 200 foot buffer is required, the legal issues that Minute Book Number 27 Board of Supervisors Meeting of OS/23/01 67 could come up with spraying ofthe adjoining agricultural properties, and feels the property should be buffered and screened which will not allow the business to be seen. The property to be rezoned is part ofthe Core Battlefield of the Second Battle of Winchester and needs to be reserved. Doue Cochran. Stonewall District, is opposed to the rezoning application because of its historic battlefield significance. Robert Solenber\:er. Gainesboro District, and also president of Fruit Hills Orchard, Inc., expressed concern that this was a spot rezoning. He is not opposed to the rezoning of the one 14 acre parcel but is opposed to the second parcel being rezoned and feels the proposed 50 foot buffer is inadequate. Pat Gouchenour. Shawnee District, and VIce president of Citizens for a Quality Community, expressed concern with the water supply in this area and in Frederick County. Shc attended a management work shop on water source and toured this property which has many sink holes. She expressed concern with how this development will affect the bubbling springs and farmer's wells. She did not feel that Wendy Jones and the water authority members have enough data to make intelligent decisions about water supply to rezone rural land. Sharon Boyd. Gainesboro District, advised the Board that she has done a lot of research on battlefields. In her research, she has found that Frederick County is one of the richest historical treasures in the country. It has the highest level of Civil War battlefields in the country but the poorest record for preserving the integrity of these battlefields. As indicated by the National Park Service, out of 326 armed conflict incidences in the Shenandoah Valley, fifteen were historically recognized as being most important and includes the Second Battle of Winchester. Frederick County encompasses 265,600 acres ofland, the Core Battlefields recognized in Frederick County is 16,482 acres, and Frederick County has retained 9,169 acres of integrity of Core Battlefield. Preserved and protected is 1,133 acres. The battlefield that is part ofthis rezoning request encompasses an integrity retaining of 1,299 acres and only seven acres has been preserved by Frederick County. She was opposed to rezoning this property due to its historical significance. She asked that all the historical properties be recognized nationally and that the board do all that they can to preserve these properties. Bessie Solenberl!er. Stonewall District, and also an officer of Fruit Hill Orchards, Inc., that adjoins the property. She is also concerned that this property is Core Battlefield and agrees with the Minute Book Number 27 Board of Supervisors Meeting of OS/23/01 26 statements made by Sharon Boyd and this property needs to be saved. The property is historically valuable and will attract clean tourism dollars to the community. The connector road that is proposed is not needed. As indicated by Gene Fisher on the Planning Commission, the county should figure out all the battlefields in Frederick County and look at what we have and what is valuable because some of the land owners may not know the historical significance of their properties. John Good. Gainesboro District, is in favor of the proposed rezoning. Winchester Equipment is a well managed company and has been since 1957. He feels the extra lot is in good hands and will be well protected with this rezoning. He also addressed the agriculture community and the spraying oftheir properties. They have an obligation and responsibility to control how they are applied and when applied and this is not the responsibility of the applicant. Star Fort was referred to as an example of a battlefield preserved by Frederick County but nothing has been done to maintain it and it is in rough condition. Until such time as the Board can answer who is going to pay for and maintain these battlefields, the Board will have to opt for the modern day enterprise with the questions they are faced with. Mark Stivers. Stonewall District, addressed the remark made by John Good regarding Star Fort and agreed but that there was a lack of vision but the community is becoming more enlightened. There is a will in the community the more they become educated. We need to reflect on what we have and create a large vision for the community and decide where we are heading. If we are headed toward more industry, more modern day applications that is fine if as a community we collectively decide on that. But we should not destroy the heritage and other opportunities for economic development that is enjoyed in this community. He asked that the Board take a look at this proposal and feels the economics in this case are no different than any other time. Upon motion made by Sidney A. Reyes, seconded by Margaret B. Douglas, this rezoning request was approved as presented by the Planning Commission by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Nay Margaret B. Douglas - Aye Sidney A. Reyes - Aye Supervisor Sager indicated that his nonsupport ofthis application was due to his concern of Minute Book Number 27 Board of Supervisors Meeting of OS/23/01 69 the rezoning of the eight acre parcel and not knowing exactly what was going to be built on this parcel. Planning and Development Director Evan A. Wyatt read from the proffer statement the businesses that would only be permitted as presented by the applicant in this application. PUBLIC HEARING - CONDITIONAL USE PERMIT #04-01 OF THE DAVID A. KOLLAR TO RE-ESTABLISH A LEGALLY NONCONFORMING USE FOR A PUBLIC GARAGE - APPROVED Planner I Mark A. Cheran presented this request. This property is located at 7341 Northwestern Pike and is identified with property identification number 27-A-93 in the Back Creek Magisterial District. The Planning Commission in their meeting of May 2, 2001, approved this Conditional Use Permit (CUP) with the following conditions: 1. All review agency comments shall be complied with at all times. 2. All repair work shall be accomplished completely within the two-bay garage. 3. No more than five (5) vehicles awaiting repair shall be allowed. 4. No more than five (5) inoperable vehicles shall be allowed on the property at anyone time. These vehicles shall be completely screened from view from adjoining properties and Route 50. 5. Any proposed business sign shall conform to Cottage Occupation sign requirements; sign shall not exceed four (4) square feet. 6. Any change of use or expansion of this business will require a new CUP. Planner Cheran advised the Board that the applicant had obtained all required permits to expand the existing septic system so that both the shop and the mobile home will be in compliance. There was no public input. Chairman Shickle asked the applicant Mr. David Kohlar to answer why he is just now applying for this CUP. Mr. Kohlar explained that he used the property for storage for his business that is located on 50 West and when he no longer needed the property for storage he rented the property to a Mr. Kirby and forgot to ask for a CUP. Upon motion made by Margaret B. Douglas, seconded by W. Harrington Smith, Ir., Conditional Use Permit #04-01 of David A Kollar was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Ir. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye PUBLIC HEARING - CONDITIONAL USE PERMIT #05-01 OF THE COUNTY OF Minute Book Number 27 Board of Supervisors Meeting of OS/23/01 270 FREDERICK FOR A TELECOMMUNICATIONS TOWER - APPROVED TO INCLUDE WAIVERS Director Evan A. Wyatt presented this Conditional Use Permit (CUP). This property is located in Shawneeland at the top of Timber Ridge Trail, between Elmwood Trail and Flamewood Trail, and is identified with property identification numbers 49B03-123-276/277/278/279 AND 49B03-123-270/271/272/273 in the Back Creek Magisterial District. The Planning Commission at their meeting of May 2, 2001, approved this CUP with the same conditions as recommended by planning staff as follows: 1. All Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower shall be available for co-locating personal wireless service providers. 3. A minor site plan shall be approved by the county. 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. 5. All lots included in this request shall be consolidated into a single parcel. Two waivers were also requested by the applicant but denied by the Planning Commission. One being a waiver of the setbacks in order to provide increased flexibility in the placement ofthe tower and the second a request for the lattice-type tower instead of the monopole due to the rocky soil conditions at the site and the desire to use the least expensive construction method in order to save county money. Sheriff Robert T. Williamson and Fire and Rescue Director Gary A. DuBrueler both appeared before the Board and explained that the cost to erect a monopole type tower IS approximately $20,000 compared to a lattice type tower of approximately $10,000. There was no public input. Upon motion made by Robert M. Sager, seconded by Sidney A. Reyes, CUP #05-01 of the County of Frederick was approved as presented by the Planning Commission and to include the two waivers as addressed above. 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 COUNTY ADMINISTRATOR AUTHORIZED TO NEGOTIATE PURCHASE OF Minute Book Number 27 Board of Supervisors Meeting of OS/23/01 71 SHA WNEELAND PROPERTIES AS PRESENTED IN CUP #05-01 AS NEGOTIATED BUT NOT TO EXCEED $500 PER LOT County Administrator Riley requested authorization to negotiate the purchase of Shawneeland lots as presented in the letter dated April 5, 2001, from Ms. Charity N. Clements included in CUP #05-01 above. Upon motion made by Robert M. Sager, seconded by Sidney A. Reyes, the Board authorized County Administrator Riley to negotiate the purchase of Shawneeland properties not to exceed the $500 per lot as presented. 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 - REOUEST FOR EXTENSION OF WATER AND SEWER SERVICE OUTSIDE OF THE SWSA FOR PIONEER TRAILER PARK. LOCATED ON THE WEST SIDE OF HUDSON HOLLOW ROAD (ROUTE 636) IN THE OPEOUON MAGISTERIAL DISTRICT - APPROVED Director Wyatt presented this request. The Planning Commission at their meeting of May 2,2001, approved this request with conditions as follows: 1. The Frederick County Parks and Recreation Commission agrees to the establishment of all necessary easements. 2. The water and sewer infrastructure within Sherando Park and Pioneer Trailer Park is dedicated to the Frederick County Sanitation Authority (FCSA) for operation and maintenance. 3. The applicant obtains all required design plan approvals from the FCSA and county staff. 4. The system is designed to only serve Sherando Park and Pioneer Trailer Park. 5. Any request to expand the size of this water and sewer system would require approval by the board of supervisors. The chairman asked why this was not included in the original plans for the water and service area and the urban development plan. Director Wyatt was unable to answer this question as the boundary was established in the late 80's and a request was never made to extend it. Discussion followed regarding otherresidential areas on the east side ofthe 636 corridor with failing septic systems and how this area could also be included in the Water and Sewer Service Area. It was the consensus of the board, after legal consultation, this area should also be included but Minute Book Number 27 Board of Supervisors Meeting of OS/23/01 272 would require separate action from this request. There was no public input. Upon motion made by Robert M. Sager, seconded by Sidney A. Reyes, this request for extension of water and sewer service outside of the Sewer and Water Service Area boundary for Pioneer Trailer Park was approved as presented by the Planning Commission. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye REOUEST TO DIRECT COUNTY STAFF TO PURSUE NECESSARY STEPS AND PROCEDURES TO READJUST THE WATER AND SEWER SERVICE AREA BOUNDARY FOR THOSE THAT HAVE FAILING SYSTEMS BUT DOES NOT EXTEND TO THE URBAN DEVELOPMENT AREA - APPROVED Supervisor Sager addressed some concern with approving the Pioneer Trailer Park water and sewer extension request in that other existing residences and structures surrounding this area are experiencing the same problems, therefore, he would like to see that this extension be available to those areas as well. The Board made it perfectly clear that this was separate from extending the urban development area. Upon motion made by Robert M. Sager, seconded by Sidney A. Reyes, to direct staff to pursue the necessary steps and procedures to readjust the water and sewer service area boundary for those that have failing systems as addressed above. This does not extend the Urban Development Area. 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 AN ORDINANCE TO PROVIDE FOR THE APPORTIONMENT OF MEMBERS OF COUNTY BOARDS OF SUPERVISORS. TO ESTABLISH BOUNDARY LINES OF THE MAGISTERIAL DISTRICTS AND VOTING PRECINCTS. TO NAME EACH MAGISTERIAL DISTRICT AND VOTING PRECINCT. AND TO ESTABLISH A POLLING PLACE FOR EACH VOTING PRECINCT. TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 7. ELECTIONS: ARTICLE I. MAGISTERIAL DISTRICTS: SECTIONS 7-2 DISTRICTS ENUMERATED AND 7-4 BOUNDARIES: AND ARTICLE II. Minute Book Number 27 Board of Supervisors Meeting of OS/23/01 73 ELECTION PRECINCTS: SECTIONS 7-7 PRECINCTS AND RESPECTIVE POLLING PLACES ENUMERATED AND SECTION 7-8 BOUNDARIES - APPROVED THE ORDINANCE AMENDMENT TO HAVE SIX MAGISTERIAL DISTRICTS - OPTION 1 Director Wyatt presented this request. The Board was presented with three proposals associated with the 2001 Magisterial District Redistricting. After the public hearing held on May 9, 2001, the Board directed staffto prepare a resolution and description for Five Magisterial District- Option 1 and Six Magisterial District - Option 1. Subsequent to this directive, the county administrator desired to also have a resolution and description prepared for Six Magisterial District- Option 2 per the directive of Chairman Shickle. Chairman Shickle advised the Board that he had asked the county administrator to add this back on the table as he was the one that asked that it be excluded because it changed him to the Stonewall District. He did not feel this was a justifiable reason to exclude this option and the reason it was brought back to the Board. These options are on file in the Office of the County Administrator. Sam Lehman. Back Creek District, stated he was in favor of the six district options. He has concerns with not be able to define the urban and rural areas and hopes that in 10 years this will be done. He thanked the planning department for providing him the program and feels they did the best they could with the what they have. Don Smith. Stonewall District endorsed the six district options based on the increase in population and will help to eliminate confusion, allow flexibility, and expansion. Upon motion made by Sidney A. Reyes, seconded by Robert M. Sager, to approve the ordinance amendment for Six Magisterial Districts - Option 1 as the 200l Magisterial District and Voting Precinct Redistricting (the resolution and ordinance amendment can be found in its entirety in the Office of the County Administrator). 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 - UPDATE OF THE 2001 PRIMARY ROAD IMPROVEMENT PLAN - APPROVED Director Wyatt presented this plan. The Primary Road Improvement Plan establishes Minute Book Number 27 Board of Supervisors Meeting of OS/23/01 27 priorities for improvements to the interstate and arterial road network within Frederick County. These priorities are presented to the Commonwealth Transportation Board for funding considerations. The Planning Commission, at their meeting of May 2, 2001, unanimously recommended approval of the plan as presented by the Transportation Committee. Virginia Department of Transportation Resident Engineer Jerry Copp appeared before the Board to address questions regarding the estimated completion time ofthe Route 37 project. He estimated 30 years at the earliest. Supervisor Sager commended Mr. Copp and his staff for the excellent job they did with the Aylor Road Design Hearing. Sam Lehman, Back Creek District, addressed concern with the Route 37 Environmental Impact Statement and the petitions that were signed against this project. Those petitions were not included in the statement and he is perplexed as to why they were left out as he feels these documents are significant evidence that four out of five signatories voted against the Route 37 East project. He is highly disappointed and feels these documents should be in this statement. Bob Clavtor, with H. N. Funkhouser and Company, and the company runs a Handy Mart/Exxon in Stephens City. He is faced with a difficult decision in that ifhe does not agree with the proposed interchange, his business will be ceased, ifhe agrees, it will remove his customer base offInterstate 81. He suggested a worksession be held in the future to work out some details in order that it can be redesigned. The further you move people away from Stephens City the more impact you are going to have on his business and the Stephens City area as a whole. Would prefer that Town Run Lane exist as it is now instead of moving people further out 277 to the east. Placing a bridge across Route 11 and then running a loop back into Route 11 is not financially desirable. Would like to see the intersection of that design interchange to intersect Route 11 and allow customers to come into Stephens City. Ray Ewinl:, Mayor of Stephens City, addressed his concern with the interchange at Stephens City and the existing traffic congestion and the changes proposed and the effect all ofthis will have on the businesses in that area. The proposed design will destroy several businesses and severely restrict access to businesses on the town side and many on the east side or county side of the interstate. The Town stands firm in its position requesting relocation with a direct acccss road to Route 11 and 277. Walter Aikens, Owner ofHolidav Inn EXDress in SteDhens City, supports the moving of Minute Book Number 27 Board of Supervisors Meeting of OS/23/01 275 the interchange and feels the design is going in the right direction. The original proposal eliminated a lot of businesses and closed up Town Run Lane and Aylor Drive. With the new design these roads remain open and leaves the existing businesses. Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the 2001 Primary Road Improvement Plan was approved as presented (the plan can be found in its entirety in the Office of the County Administrator). 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 #03-01 OF KITTY B. HOCKMAN AND KITTY HOCKMAN-NICHOLAS FOR A COTTAGE OCCUPATION FOR A BED AND BREAKFAST. THIS PROPERTY IS LOCATED AT 690 SOLDIERS REST LANE (HEDGEBROOK FARM LOG GUEST HOUSE) AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 74-A-67 IN THE BACK CREEK MAGISTERIAL DISTRICT. (POSTPONED FOR30 DAYS BY PLANNING COMMISSION AT THEIR MEETING OF 05/16/01) OTHER PLANNING ITEMS: MASTER DEVELOPMENT PLAN #01-01 OF WESTMINSTER-CANTERBURY - APPROVED Deputy Director Lawrence presented this plan. This property is located at 300 Westminster- Canterbury Drive off of North Frederick Pike in the Gainesboro Magisterial District. The Planning Commission, in their meeting on May 2,2001, unanimously recommended approval of the master plan revisions. Upon motion made by Sidney A. Reyes, seconded by W. Harrington Smith, Jr., Master Development Plan #01-01 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 COMMITTEE REPORTS FINANCE COMMITTEE - MEETING OF MAY 16. 2001 The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on Minute Book Number 27 Board of Supervisors Meeting of OS/23/01 27 May 16, 2001 at 8:00 a.m. Committee member Robert M. Sager was absent. The Finance Committee recommended an approved consent agenda on items 2, 3, 4, 6, and 9. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the consent agenda as spelled out above 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 The agenda items are as follows: 1. The General Re~istrar Requests a General Fund Supplemental Annronriation in the Amount of $10.000 - Annroved This amount represents funds needed to conduct a Democratic Primary Election in June. Additional local funds are necessary. See attached memo, p. 1. The committee recommends approval. Upon motion made by W. Harrington Smith, Jr., seconded by Sidney A. 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 2. The Sheriff Requests a General Fund Supplemental Appropriation in the Amount of $455.63 - Anproved Under Consent Al!enda This amount represents this department's share of a drug seizure and is requested to be appropriated into line item 3102-5413-000-007 Forfeited Property - Surplus. No additional local funds are needed. See attached memo, p. 2-3. The committee recommends approval. 3. The Sheriff Requests a General Fund Sunplemental Annronriation in the Amount of $1.000 - Annroved Under Consent Al!enda This amount represents a donation to be used towards a new K-9 unit and is requested to be appropriated into line item 3102-5409-000-000 Police Supplies. No additional local funds are needed. See attached memo, p. 4. The committee recommends approval. 4. The Sheriff Requests a General Fund Supplemental Appronriation in the Amount of $3.714.18 - Approved Under Consent Al!enda This amount represents insurance reimbursements on vehicle accidents that occurred during FY 2001 and is requested to be appropriated into line item 3102-3004-000-002 Repair and Maintenance - Vehicle. No additional local funds are needed. See attached memos, p. 5-7. The committee recommends approval. 5. Frederick County Social Services Requests a FY 2001 General Fund Sunplemental Annropriation in the Amount of $33.584 - Anoroved Minute Book Number 27 Board of Supervisors Meeting of OS/23/01 77 This amount represents a "Hard to Serve Grant" approved by the Virginia Department of Social Services. This grant is a pass-thru program and requires no local funds. A FY 2002 General Fund Suoolemental Aoorooriation in the Amount of$80.666 is Also Needed for the Same Grant Pro~ram. See attached memo, p. 8-9. The committee recommends approval. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above two requests were approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye 6. The Director of Parks and Recreation Requests a General Fund Suoolemental Approoriation in the Amount of $405 - Aooroved Under Consent Al!enda This amount represents a donation to Big Brothers/Big Sisters paid from proceeds earned at the Annual Thanksgiving 5K. No additional local funds are needed. See attached memo, p. 10. The committee recommends approval. 7. The Director of Parks and Recreation Requests a General Fund Bud~et Transfer in the Amount of $19.001 - Approved This amount is needed to complete the hard surfacing of the Clearbrook Park pool parking lot. The transfer will be coming from the Sherando Park budget line item 7110-7900-000-000 Improvements Other Than Building to Clearbrook Park budget line item 7109-7900-000-000 Improvements Other Than Building. No additional local funds are needed. See attached memo, II. The committee recommends approval. Upon motion made by W. Harrington Smith, Jr., seconded by Sidney A. 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 8. The Airport Executive Director Requests an Airoort Fund Budl!et Transfer in the Amount of $451.111 - Approved This amount is needed to cover new capital projects. The Director Also Requests an Airport Fund Budl!et Transfer in the Amount of $370.000 - Anoroved This amount represents a reallocation of additional Federal funds received. No additional local funds are needed. See attached memo, p. 12-13. The committee recommends approval. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above two Minute Book Number 27 Board of Supervisors Meeting of OS/23/01 278 '. .. ., requests were approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye 9. The Director of Court Services Re uests a Court Services Fund Su lementa Anuropriation in the Amount of $3,756.26 - Approved Under Consent A~enda This amount represents insurance reimbursements for claims that occurred in FY 1999-00, however, bills were not received and paid until the current fiscal year. The requested line items fo appropriations are not the line items where the original bills were paid from because transfers had t be made to pay those bills. No additional local funds are needed. See attached memo, p. 14-16. Th committee recommends approval. 10. The Director of Public Works Re uests a General Fund Su lementa Anurouriation in the Amount of $35,000 - Approved This amount is needed to cover expenses for the remainder ofthis fiscal year and is asked t be appropriated to line item 10-4204-3009-000-004 County Payments - Citizen Collection. Additional local funds are necessary. See attached memo, p. 17. The committee recommend approval. Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, the abov 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 11. The Commissioner ofthe Revenue Gave the Committee an U Values the Amount of A General Fund operational contingency transfer is requested in the amount of$47,357.00 A deposit is required for the worker's compensation premium in the current year for the upcomin policy year. These funds were not budgeted since the change in insurance carrier and deposi requirement was unknown at the time of the budget preparation. Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the abov 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 OS/23/01 79 The following was submitted for the Board's information only: ". Monthly financial statements for the month ending March 31,2001 are included. See attached memo, p.18-74. JOINT FINANCE COMMITTEE - MEETING OF MAY 16. 2001 The Joint Finance Committee met on Wednesday, May 16,2001, 10:30 AM., in the First Floor Conference Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were Board of Supervisors Chairman Richard C. Shickle, Supervisor W. Harrington Smith, Jr., County Administrator John R. Riley, Jr., Councilman Charles Gaynor, Councilman John B. Schroth and City Manager Edwin C. Daley. The committee submits the following and requires Board action: 1. Fundine of the Airport Authority FY 2001-2002 Budl!et - Aooroved The committee reviewed the proposed Airport Authority budget and recommends level funding for the operational portion ofthe budget in the amount of$161,105 and $67,500 for Capital. It is also recommended that any surplus funds remaining in the current fiscal year be re-appropriated by both governing bodies for use in the next fiscal year. The committee directed that the three jurisdictions that are members, but only contribute to the Capital portion of the budget, draft a Memorandum of Agreement that defines additional funding from those three jurisdictions for the operational portion of the budget. The agreement could then be amended to reflect additional representation on the authority based upon their funding commitment. Upon motion made by W. Harrington Smith, Jr., seconded by Sidney A. 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 2. Aooointments for Joint Tourism Board - Aooroved The committee reviewed the list of appointments recommended by the Chamber of Commerce and recommends the following appointments: Kathryn Allen of Allen Properties, Todd Thompson of Winchester Royals, Richard Dick of Carpers Valley and Pat Embry ofthe Travel Lodge. These appointments represent motels, restaurants and the retail sector. Jennifer Esler of Glen Burnie, Dr. David Powers, and Kitty Nicholas of Hedge brook Farm and AK Enterprises. These appointments represent museums, history, battlefields and agriculture. Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. 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 Minute Book Number 27 Board of Supervisors Meeting of OS/23/01 28 Margaret B. Douglas - Aye Sidney A. Reyes - Aye The following items were submitted for the Board's information only: 1. Fundin Re uest for Break Room on the Second Floor ofthe Joint Judicial Cente The clerk of the juvenile and domestic relations court requested funding in the amount 0 $5,000 for a break room on the second floor of the Joint Judicial Center. Committee tabled th request until a representative could be present. 2. Reorl!anization of the Economic Development Commission County Administrator presented the attached reorganization request from the Economi Development Commission. The committee had several questions about the make up of th commission and will continue to review same at its July meeting. (See Attached) BOARD OF SUPERVISORS' COMMENTS Chairman Shickle thanked all persons who spoke and complied with the allotted time allowe for speakers. PUBLIC HEARING FORMAT DETERMINED FOR MID ATLANTIC REZONIN REOUEST County Administrator Riley presented to the Board a suggested format for the June l2, 200 1 public hearing for the Mid Atlantic Rezoning request. The format presented was as follows: Staff Presentation: Allow 20-30 minutes. Applicant's Presentation: Allow 20-30 minutes. Opposition: 45 minutes Supporters: 45 minutes Sign Up Sheet: Allow 3 minutes for each speaker. Limit time if no new information i presented (this will be available from 6:00 p.m. to the end of the 45 minute presentations) Recess Public Hearing - Hear those on the sign up sheet. Vote on the Rezoning Upon motion made by Margaret B. Douglas, seconded by W. Harrington Smith, Jr., t approve the above format and conclude public hearing as called by the chairman once comment become repetitious but to exclude the final vote item. 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 - Nay Upon motion made by Sidney A. Reyes, seconded by W. Harrington Smith, Jr., to attempt t approve the Mid-Atlantic Rezoning Request on June l2, 200l, following the public hearing. Minute Book Number 27 Board of Supervisors Meeting of OS/23/01 'I !i 1 II 81 The above motion failed due to the following tie vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Nay W. Harrington Smith, Jr. - Aye Robert M. Sager - Nay Margaret B. Douglas - Nay Sidney A. Reyes - Aye Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., to attempt to vote on the Mid Atlantic Rezoning request at the regular Board meeting scheduled for June 13, 2001. The above motion was approved by the following recorded vote: Richard C. Shickle - Nay 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 SIDNEY A. REYES, SECONDED BY CHARLES W. ORNDOFF, SR., THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED (9:55 P.M.). '"' <~15~~f Clerk, Board of Supervisors \~ ~~) Richard C. Shickle Chairman, Board of Supervisors Mum'" P""pmd By, ~J.!. Cathy . anner Administrative Assistant Minute Book Number 27 Board of Supervisors Meeting of OS/23/01