August 08, 2001 Regular Meeting
429
A W orksessionlRegular Meeting ofthe Frederick County Board of Supervisors was held on
August 8, 2001, at 6:00 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.
STAFF: County Administrator John R. Riley, Jr., Assistant County Administrator Kris
Tierney; Planning Director Evan Wyatt; EDC Director June Wilmot; EDC Deputy Director Patrick
Barker and Deputy Clerk Carol Bayliss.
WORKSESSION WITH PLANNING AND DEVELOPMENT STAFF TO DISCUSS
MEDICAL SUPPORT DISTRICT
Doug Rezen of Valley Health Systems, along with Chuck Maddox ofG. W. Clifford, were
also present for this worksession.
Director Wyatt presented the planning staff background information to the Board. He
advised that in May, June and July of200l staff presented a working draft ofthe new MS (Medical
Support) District to the Planning Commission for discussion. Due to the scope and scale ofthis task,
the DRRS felt that it was important to have an ongoing discussion at the commission level to ensure
that the subcommittee proceeded in the appropriate direction.
Director Wyatt further explained that it was the desire of staffto advertise the new Medical
Support District for public hearing consideration following the Board of Supervisors worksession.
Should the Board concur, staff would advertise the amendments to the Zoning Ordinance for the
September 5,2001 planning commission meeting, and tlte September 12,2001 Board of Supervisors
meeting.
Chairman Shickle raised the question of tax status to Administrator Riley.
Administrator Riley replied that it depends on what section - profit, non-profit would
determine exemption. Campus type development would be phase by phase.
Chairman Shickle referred to Westminster Canterbury and wondered how this might work,
if they did qualify.
Director Wyatt replied that they would have to request zoning.
Chairman Shickle stated that he basically was not in favor of berms.
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Chuck Maddox, ofG.W. Clifford Associates, advised that he and Mr. Rezen basically agree
with what the plan calls for.
Director Wyatt advised the county basically agrees with what the City of Winches terre quires
of the current hospital.
Chairman Shickle advised that he has some concerns with Number 3, and building set back.
Following additional discussion of section 165-120.7C between the Board and staff, certain
amendments were requested by the Chairman. These were so noted by staff.
It was the consensus of the Board that this ordinance amendment was ready to be advertised
for public hearing.
Supervisor Reyes read a letter at this time from Scot W. Marsh of Marsh & Legge Land
Surveyors wherein he thanked Director Wyatt for an outstanding job with the Review and
Regulations Subcommittee in development of the new Medical Support District.
CALL TO ORDER
Chairman Shickle called the meeting to order.
INVOCATION
The invocation was delivered by Reverend Gilbert M. Mack, Jr. ofthe Mt. Carmel Baptist
Church.
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
County Administrator John R. Riley, Jr., advised that he had one item to add. There are two
county employees that he would like to recognize.
Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith, 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 tabs for approval under consent agenda:
I. Resolution Requesting Waiver of Correctional Construction Moratorium - Tab F;
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2. Request for Endorsement of Northwestern Community Services' Fiscal Year 2002
Performance Contract - Tab G;
3. Subdivision Waiver Request (lot Size in RA) of Larry and Susan Merritt - Tab Q;
4. Parks and Recreation Commission Report -Tab R.
Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the consent agenda
was approved, as noted above, 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
Jim Giraytys, Back Creek District, referred to the public hearing held last evening and certain
generic issues that he felt should be carried forward. One ofthese is water, and this was mentioned
by a number of residents. He hopes this is not forgotten as it is something that will be needed in the
future within the county, and many activities such as development etc. He does not feel it is right
to tell Mr. Shockey what he can do with his property and; therefore, feels it is in the best interest of
everyone for the necessary parties to work together and see if something can be worked out.
David Darsie, Stonewall District, referred to Urban Development area and the fact this is
suppose to be the key to planned growth in Frederick County. He feels this is a supply and demand
situation. We know what the demand is based upon the number of permits that are issued per year.
His question is the need. The question was presented to the planning department as to how many
building sites are there available within the urban development area. He advised the answer was that
nothing had been done since 1987-1988. He feels that growth is the issue in Frederick County. He
feels there should be a finite number of what is available in the planning department as well as every
Board member should have this information; however, from what he has been able to determine, no
finite number exist.
Mark Stivers, Stonewall District, he referred to the time that Board members spend in the
interest of this community, and he does not feel this interest and time given has received the
recognition that it is due. He referred to the past 10 months and the emotion involved in the Mid
Atlantic Rezoning Request (Shockey). He deeply appreciates all the Board does and he knows there
are citizens in the silent majority that feels the same way he does.
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MINUTES
Supervisor Orndoff advised that on page 49, the motion to adjourn is showing that he made
the motion as well as seconded the motion.
The correction should show that Supervisor Orndoff made the motion with Supervisor Smith
seconding the motion.
Upon motion made by Supervisor Orndoff, seconded by Supervisor Reyes, the minutes of
the Public Hearing-Rezoning Request of Mid-Atlantic Technical Business Park, June 12,2001 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 Reyes, the minutes of
the Regular Meeting of June 13,2001 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
RESOLUTION (#007-01) IN HONOR OF MICHAEL R. CRAWFORD-APPROVED
Administrator Riley presented the following resolution:
Mrs. Crawford, Michael's mother was present to accept the resolution.
WHEREAS, Michael R. Crawford of Winchester, was a 1997 graduate ofJ ames Wood High
School in Frederick County, Virginia; and
WHEREAS, during his emollment at James Wood, he was named Virginia Class AA player
ofthe year and scored 2,234 points, the tenth highest in state history; was selected as The Winchester
Star and The Northern Virginia Daily basketball player of the year; was named the District AA
Player of the Year; was selected as Second Team for All District Baseball; was a member of the
National Honor Society; graduated 42 in his class of241 with a cumulative grade point average of
3.36; and was president of his senior class; and
WHEREAS, during his four year emollment at Rider University, Mr. Crawford completed
four seasons on the Rider varsity basketball team starting all 28 games for the Broncs 2001 season
and averaging 10 points, 3 assists, and 2.1 rebounds per game. He also led the team in assists and
free throw percentage of .839 and was third in scoring and minutes played at 26 per game; and
WHEREAS, Mr. Crawford played in every 114 games in his Rider career, compiled 1,023
points, 297 assists, and 234 rebounds. His point total is the 22ND highest at Rider, and his assist total
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is the 11 th highest at Rider; and
WHEREAS, Mr. Crawford's senior year at Rider was highlighted by scoring a team-high
21 points in a Metro Atlantic Athletic Conference (MAAC) win over Loyola, and a team-high 20
points in a MAAC victory against Canisius. He ranked second in the MAAC in free throw shooting
and tenth in assists; and
WHEREAS, Mr. Crawford, as a junior, ranked second in the MAAC in three-point field
goal percentage, and third in free throw percentage, and as a sophomore made 12 of 12 foul shots
against Fairfield and made 35 three-pointers.
NOW THEREFORE BE IT RESOLVED that the Frederick County Board of Supervisors
wishes to express its congratulations and appreciation to Michael R. Crawford for his
accomplishments as a high school student in the Frederick County Public School system and during
his tenure at Rider University. His athleticism and dedication in all that he has accomplished as a
young man is admirable.
BE IT FURTHER RESOL VED, that a true copy ofthis resolution be presented to Michael
R. Crawford, and this resolution be spread across the pages ofthe board of supervisors' minutes to
be preserved now and for all future citizens of Frederick County to reflect on the accomplishments
of this fine young citizen ofthe Frederick County community.
PASSED THIS 8TH DAY OF AUGUST, 2001.
TWO COUNTY EMPLOYEES RECOGNIZED FOR THEIR OUlCK RESPONSE IN
ASSISTING COUNTY RESIDENT
Administrator Riley explained that a county resident had frantically called county dispatch
to report that an antique belonging to her mother's estate had mistakenly been taken to the county
landfill. The dispatcher, on duty at the time, Cathy Dunn, immediately passed the message on to the
Landfill Superintendent Steve Frye. Steve, along with employees from the landfill, immediately
tried to locate the boxes based on the description provided by the county resident. As luck would
have it just as the boxes were to be compacted they were located and the heirloom was found and
all in tact.
Administrator Riley thanked both employees for the way the situation was handled and for
going beyond the "call of duty" in order to assist a county resident.
WENDY O'SULLIVAN. PROJECT MANAGER. NATIONAL PARK SERVICE.
ADDRESSED THE BOARD RE: CEDAR CREEK BATTLEFIELD
Howard Kitell, Executive Director Shenandoah Valley Battlefields National Historic District
Commission, appeared before the Board at which time he advised that the National Park Service
planned to preserve ten battlefields within the Shenandoah Valley, and market them as tourist
attractions. He further advised that Congressmen Frank Wolfe and John Warner are extremely
interested in this plan.
Wendy Lee O'Sullivan, Project Manager of the National Park Service, Shenandoah Valley
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Project Office, appeared before the Board to explain how Cedar Creek was selected to become a
National Park.
Mr. Sandy Rives, Superintendent of Fredericksburg and Spotsylvania National Military Park,
appeared before the Board to further address the effort that is under way to have Cedar Creek
Battlefield established as a new national park. He further explained that he is guessing that a Bill
would be introduced this year in Congress, and it is anticipated that a vote would follow some time
soon after that.
COMMITTEE APPOINTMENTS
There were no committee appointments at this time.
RESOLUTION (#006-01) REOUESTING WAIVER OF CORRECTIONAL
CONSTRUCTION MORATORIUM - APPROVED UNDER CONSENT AGENDA
WHEREAS, the Clarke-Fauquier-Frederick-Winchester Regional Adult Detention Center
is experiencing overcrowding conditions; and
WHEREAS, the Clarke-Fauquier-Frederick- Winchester Regional Jail Board, at its July 12,
2001 meeting, unanimously voted to requestthat all four participating jurisdictions pass a resolution
asking the Commonwealth of Virginia to waive the moratorium on correctional construction for the
purpose of expanding the existing Regional Adult Detention Center.
NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of
Supervisors is formally requesting that the Commonwealth of Virginia waive the moratorium on
correctional construction to allow for the needed expansion of the Clarke-Fauquier-Frederick-
Winchester Regional Adult Detention Center.
ADOPTED this 8th day of August, 2001.
REOUEST FOR ENDORSEMENT OF NORTHWESTERN COMMUNITY
SERVICES' FISCAL YEAR 2002 PERFORMANCE CONTRACT - APPROVED
UNDER CONSENT AGENDA
Pursuant to HJR 428 legislation, each locality is asked to review and endorse their area
CSB's Performance Contract. This document reflects allocated Federal, State and Local funds, and
other reimbursements to be received in order to carry out the work of the Board of Directors of
NWCS, together with projected levels of care and treatment in FY'2002.
RESOLUTION (#008-01) AUTHORIZING AN APPLICATION TO THE VIRGINIA
PUBLIC SCHOOL AUTHORITY (VPSA) - FALL 2001 BOND SALE - APPROVED
Administrator Riley presented the following resolution to the Board.
WHEREAS, the Board of Supervisors ("Board of Supervisors") ofthe County of Frederick,
Virginia ("County") has received a request from the Frederick County School Board ("School
Board") to contract a debt and issue general obligation bonds of the County in an amount not to
exceed $6,150,000 to finance certain capital projects for public school purposes ("Bonds") and to
sell such Bonds to the Virginia Public School Authority ("VPSA");
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WHEREAS, the Board of Supervisors has determined that it may be necessary or desirable
to advance money to pay the costs for such capital projects for public school purposes ("Project")
and to reimburse such advances with proceeds of one or more financings;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
THE COUNTY OF FREDERICK, VIRGINIA:
1. The County Administrator is authorized and directed to execute and deliver an
application to the VPSA in order to sell the Bonds to the VPSA at the Fall 2001 VPSA bond sale.
2. The Board of Supervisors adopts this declaration of official intent under Treasury
Regulations Section 1.150.2. The Board of Supervisors reasonably expects to reimburse advances
made or to be made by the County or the School Board to pay the costs of acquiring, constructing
and equipping the Project from the proceeds of the Bonds to be issued in an amount not to exceed
$6,150,000.
3. The County Administrator is authorized to advertise a public hearing to be held by the
Board of Supervisors on September 12,2001 on the issuance of the Bonds.
4. This resolution shall take effect immediately.
Adopted by the Board of Supervisors of the County of Frederick, Virginia, at their regular
meeting held on August 8, 2001.
Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, 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
REQUEST FOR APPROPRIATION OF FUNDS FOR OUR HEAL TH - APPROVED
Administrator Riley explained that in April of this year the Board unanimously approved Our
Health's request for a funding commitment of $25,000 with the understanding these funds would
be contingent upon Our Health acquiring the property to move forward with their Community
Services Building proj ect. He further advised that this property was acquired on July 3, 2001;
therefore, it is time to forward the $25,000.
Upon motion made by Supervisor Orndoff, seconded by Supervisor Douglas, $25,000 is
appropriated to Our Health to assist in their building project.
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
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GOVERNMENT FINANCE OFFICERS ASSOCIATION AWARDS CERTIFICATE
OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORT TO COUNTY
FINANCE DEPARTMENT - RECEIVED AS INFORMATION
Administrator Riley presented this information to the Board and also recognized Finance
Director Cheryl Shiffler.
DISCUSSION OF PROPOSED LEGISLATIVE ISSUES FOR 2002 GENERAL
ASSEMBLY SESSION - WORKSESSION TO BE SCHEDULED FOR FURTHER
DISCUSSION
PUBLIC HEARING
PUBLIC HEARING - TAX EXEMPT STATUS REQUEST FROM WINCHESTER-
FREDERICK COUNTY CONSERVATION CLUB. INC. ANON-PROFIT VIRGINIA
ORGANIZATION. TO BE DESIGNATED AS A CHARITABLE AND
BENEVOLENT ORGANIZATION WITHIN THE CONTEXT OF SECTION 6(A) (6)
OF ARTICLE X OF THE CONSTITUTION OF VIRGINIA - RESOLUTION (#009-
01) - APPROVED
Chairman Shickle stated that he is an official member of the Winchester-Frederick County
Conservation Club, Inc.; however, he did plan on voting on this request.
Administrator Riley presented this request to the Board.
Bob Pope, Vice President, of the local club, appeared before the Board on behalf of this
request and explained there are no fees collected, and the only funds received are through donations.
There was no public input.
Upon motion made by Supervisor Reyes, seconded by Supervisor Orndoff, the following
resolution was approved:
WHEREAS, Winchester-Frederick County Conservation Club, Inc., a non-profit
organization, has requested the Board of Supervisors ofthe County of Frederick, Virginia, to grant
its request for a tax exemption pursuant to Article X g6(a)(6) of the Constitution of Virginia for
certain property owned by said organization in the County of Frederick; and
WHEREAS, the property in Gainesboro Magisterial District totaling 296.28 acres, (Tax Map
29A, Lot 37B; Tax Map 29A, Lot 43B; Tax Map 19A, Lot 53A; Tax Map19A, Lot 81A; Tax Map
19A, Lot 49; Tax Map 19A, Lot 52E; and Tax Map 29A, Lot 38) has an assessed value of
$607,000.00 and was taxed $1,415.14 in 2000 in county real estate taxes; and
WHEREAS, the Board of Supervisors examined and considered the provisions of Section
30-19.04 (B) of the Code of Virginia.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County
of Frederick, Virginia, hereby supports, pursuant to Article X, g6 (a) (6) of the Constitution of
Virginia, to provide:
1. That they are classified and designated as a charitable and benevolent organization
pursuant to the Code of Virginia, Section 58.1-3622; and
2. That property owned by Winchester-Frederick County Conservation Club, Inc. and used
by it exclusively for charitable and benevolent purposes on a non-profit basis is
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determined to be exempt from taxation, state and local, including inheritance taxes.
ADOPTED this 8th day of August 2001.
Upon motion made by Supervisor Reyes, seconded by Supervisor Orndoff, 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
PLANNING COMMISSION BUSINESS
PUBLIC HEARING
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 688 SHADY ELM ROAD (HEDGEBROOK FARM LOG GUEST HOUSE)-
APPROVED
Planner I Jeremy Camp presented this request to the Board advising that staff and planning
commission recommended approval with conditions.
There was no public input.
Upon motion made by Supervisor Douglas, seconded by Supervisor Smith, CUP #03-0 I was
approved, as presented, by the following recorded vote:
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
W. Harrington Smith, JI. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
PUBLIC HEARING - CONDITIONAL USE PERMIT #08-01 OF RODNEY LYNN
HOFFMAN FOR A COTTAGE OCCUPATION WELDING BUSINESS. THIS
PROPERTY IS LOCATED AT 1339 EBENEZER CHURCH ROAD AND IS
IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 18-A69C IN THE
GAINESBORO MAGISTERIAL DISTRICT - APPROVED
Zoning Administrator Patrick Davenport presented this request to the Board, advising that
staff and planning commission recommended approval with conditions.
There was no public input.
Upon motion made by Supervisor Reyes, seconded by Supervisor Douglas, CUP #08-01 was
approved, as presented, by the following recorded vote:
Richard C. Shickle - Aye
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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 #09-01 OF ALKIRE'S
GENERAL STORE. SUBMITTED BY MARTIN NIESSNER. JR.. TO ADD
REST AURANT SPACE TO AN EXISTING GENERAL STORE. THIS PROPERTY
IS LOCATED AT 9263 NORTH FREDERICK PIKE AND IS IDENTIFIED WITH
PROPERTY IDENTIFICATION NUMBER 06-A-77 IN THE GAINESBORO
MAGISTERIAL DISTRICT - APPROVED
Zoning Administrator Patrick Davenport presented this request to the Board advising that
staff and planning commission recommended approval with conditions.
Ed Simmers and Ms. Oates, area property owners, appeared before the Board concerning the
entrance to this property, especially in light of all the accidents that have taken place, in this area.
Administrator Davenport explained that the side entrance would be used, and the other
entrance would be closed.
Upon motion made by Supervisor Reyes, seconded by Supervisor Sager, CUP #09-01 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 REOUEST #05-01 OF TIMOTHY W. JOHNSON.
SUBMITTED BY GREENWAY ENGINEERING. TO REZONE 1.89 ACRES FROM
RA (RURAL AREAS) TO B3 (INDUSTRIAL TRANSITION). THIS PROPERTY IS
LOCATED AT 4489 MARTINSBURG PIKE (2.1 MILES NORTH OF
CLEARBROOK ON THE WEST SIDE OF ROUTE 11) AND IS IDENTIFIED WITH
PROPERTY IDENTIFICATION NUMBER 33-A-92 AND 33-A93 IN THE
STONEWALL MAGISTERIAL DISTRICT - POSTPONED UNTIL NEXT
MEETING
Assistant Planning Director Eric Lawrence presented this request to the Board advising that
staff and planning commission had recommended approval with proffers as noted.
Mark Smith, of Greenway Engineering, appeared before the Board on behalf of this request.
Manuel DeHaven, adjoining property owner, appeared before the Board advising that he did
not understand how the petitioner can meet the set back requirements. He further inquired as to the
sign that is required to be displayed informing the general public know about the public hearing, he
has not seen such a sign. He also inquired as to whether this was to be a body shop or a garage. He
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feels this whole request needs to be looked at further by the staff and Board.
Rhonda Lynch, area resident, inquired about plans for the church.
Supervisor Orndoff advised that he has been past the area in question; however, he could not
say for sure that he saw the public hearing sign.
Upon motion made by Supervisor Orndoff, seconded by Supervisor Reyes, Rezoning
Request #05-01 of Timothy W. Johnson was postponed until the next meeting.
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 - PROPOSED TEXT AMENDMENT TO CHAPTER 165.
ZONING. SECTION 165-5(E)COMPLIANCE REOUlRED: REOUlRED PERMITS:
OF THE CODE OF FREDERICK COUNTY. THIS AMENDMENT PERTAINS TO
RADON RESISTANT CONSTRUCTION STANDARDS FOR RESIDENTIAL
CONSTRUCTION AS REOUlRED BY THE VIRGINIA UNIFORM STATEWIDE
BUILDING CODE - POSTPONED - REQUIRED STAFF NOT AVAILABLE FOR
THIS MEETING
OTHER PLANNING ITEMS
SUBDIVISION WAIVER REQUEST (LOT SIZE IN RA) OF LARRY AND SUSAN
MERRITT - APPROVED UNDER CONSENT AGENDA
Larry and Susan Merritt are owners of approximately 1.19 acres in the Gainesboro
Magisterial District. The Merritts wish to initiate a boundary line adjustment with an adjoining
property owner. The two parcels involved are legally nonconforming lots, both of which are under
five acres.
The proposed boundary line adjustment would increase the size of the Merritt's parcel from
0.68 acres to 1.19 acres. The adjoining property owner directly affected by the proposal would have
an original parcel area of3.075 acres reduced to 2.57 acres. The Merritts have submitted a petition
that indicates support for the boundary line adjustment by the adjoining property owners.
COMMITTEE REPORTS
PARKS AND RECREATION COMMISSION - APPROVED UNDER CONSENT
AGENDA
The Parks and Recreation Commission met on July 10,2001. Members present were: Robert
Roper, Charles Sandy, Robert Hartman, Clarence Haymaker, Joyce Duvall, Cheryl Swartz, Margaret
Douglas.
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Submitted for Board Information Onlv
1. Pioneer Trailer Park Easement Request Update - No action taken.
2. Master Plan Update - No action taken.
3. Letter from Fonda Sundeen - Re: Playground Equipment - No action taken.
4. School Maintenance Request - No action taken.
PUBLIC WORKS COMMITTEE
The Public Works Committee met on Tuesday, July 31, 2001, at 8:00 a.m. All members
were present.
The following items were discussed:
***Items Requiring Action***
1. Video Surveillance of Citizens' Convenience Sites - Referred Back to Committee
The Director of Public Works presented a request to install video surveillance cameras at two
citizens' convenience sites: Back Creek and Star Tannery. The cost of each installation will be less
than $2,000. The project will be funded from the existing budget.
The purpose of the video cameras will be to discourage illegal dumping.
A motion was made by Tom Offutt and seconded by George Ludwig to approve the
installation ofthe video cameras at the referenced sites. The motion was unanimously approved.
Supervisor Orndoff moved for approval with Supervisor Sager seconding the motion.
Chairman Shickle stated that he did have some concerns about this.
Supervisor Orndoff advised that he to have received some calls.
Following discussion it was the Board's feelings additional discussion was needed, and felt
this item should be sent back to committee.
Supervisor Sager withdrew his second, and Supervisor Orndoff withdrew his motion.
Upon motion made by Supervisor Orndoff, seconded by Supervisor Sager, this item is hereby
referred back to committee for further input and study.
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
***Items Not Requiring Action***
1. Discussion Related to Revisinl: Hours of Operation at the Citizens' Convenience
Sites
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The Public Works Department is having continuing problems staffing the citizens'
convenience sites because of the hours of operation. In the summer months, the sites are open from
7:00 A.M. to 8:30 P.M., seven days a week. The hours are reduced in the winter months from 7:00
A.M. to 6:00 P.M.
The Director of Public Works asked for input related to reducing the hours of operation to
alleviate staffing problems. The committee recommended that usage surveys be performed at each
site to determine when the sites are most utilized. Based on that survey, the public works staff will
prepare alternative schedules establishing reduced hours of operation. These schedules will be
presented to the committee at their next meeting.
2. Electronics Recvclilll! Pro\:ram
The Recycling Coordinator presented a pilot program to recycle electronic components such
as televisions and computer monitors. The pilot event is scheduled to be held on September 22,
2001, at James Wood Middle School. The attached memorandum provides a detailed explanation
of this event. (See Attachment 1)
3. Miscellaneous Reports
a) Tonnage Report (see Attachment 2)
b) Recycling Report (see Attachment 3)
c) Animal Shelter Dog Report (see Attachment 4)
d) Animal Shelter Cat Report (see Attachment 5)
FINANCE COMMITTEE REPORT
The Finance Committee met in the First Floor Conference Room at 107 North Kent Street
on July 18,2001 at 8:00 a.m. Chairman Richard C. Shickle was absent.
Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the following
items were approved under consent agenda: 1-2-5-6-7-8 and 9.
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 County Administrator requests a General Fund supplemental appropriation in the
amount of$4,OOO.00. This amount represents approved sidewalk repair work for the county office
building to be carried forward in line item 4301-7900-000-000 Improvements Other Than Buildings
to FY2002. See attached memo, p.l. The committee recommends approval. - Approved Under
Consent Agenda
2. The Assistant County Administratorrequests a General Fund supplemental appropriation
in the amount of $64.964.00. This amount is necessary to cover the Family Intervention Program
to be provided by CLEAN, Inc. and is requested to be placed in line item 1224-5604-000-000-050
CLEAN Funding. No additional local funds are needed due to the Juvenile Justice & Delinquency
Prevention Incentive Grant which the county was awarded by the Virginia Department of Criminal
Justice Services. This grant will be matched with $32,500.00 in in-kind services provided by
CLEAN, Inc. staff. See attached memo, p.2-3. The committee recommends approval. - Approved
Under Consent Agenda
3. The Electoral Board requests a General Fund supplemental appropriation in the amount
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Board of Supervisors Meeting of 08/08/01
442
of$25.253.37. This amount is needed to complete the redistricting process. Additional local funds
are required. See attached memo for the detail of line items requesting supplements, p.4-6. The
committee recommends approval. - Approved
Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the above request
was approved by the following recorded vote:
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A Reyes - Aye
4. The Shelter for Abused Women requests a General Fund supplemental appropriation in
the amount of $7 .500.00. This amount represents a request for Frederick County's funding for the
shelter. The county funded the shelter $7,000.00 for FYOI. Additional local funds are required.
See attached memo, p.7-16. The committee recommends that the request be reduced to $7,000.00
and that any future requests be on an equitable population with other localities. It was suggested that
the Joint Finance Committee look at the funding. - 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
5. The Director of Court Services requests a Court Services supplemental appropriation in
the amount of$2,740.00. These funds represent insurance reimbursement and are requested to be
placed into the line item 2109-8007 -000-000 AD.P. Equipment, since the original funds in that line
item were depleted for lightning damage. See attached memo, p.17-18. The committee recommends
approval. - Approved Under Consent Agenda
6. The Sheriff requests a General Fund supplemental appropriation in the amount of
$19.271.44. This amount represents FYO 1 funds remaining in the DARE Program and is requested
to be appropriated into line item 3102-5413-000-001 Drug Program for FY02. No additional local
funds are required. The committee recommends approval. - Approved Under Consent Agenda
7. The Sheriff requests a General Fund supplemental appropriation in the amount of
$192.353.14. This amount represents the Sheriffs Office and Fire and Rescue's communication
system project and is requested to be carried forward in FY2002. This amount will be reduced by
any invoices paid in July for FYO 1. See attached memo, p.19. The committee recommends approval.
- Approved Under Consent Agenda
8. The Director of Public Works requests a General Fund supplemental appropriation in the
amount of $4.450.00. This amount represents grant funds received and is requested to be
appropriated to the line item 4203-5415-000-000 Recycling Grant. No additional local funds are
required. See attached memo, p.20. The committee recommends approval. - Approved Under
Consent Agenda
9. The Administrative Manager of Social Services requests a General Fund supplemental
appropriation in the amount of$l, 724.35. This amount represents an auto claim reimbursement for
repairs that will be made in FY02 and is requested to be carried forward in line item 5307-3004-000-
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000 Repair and Maintenance Vehicle in FY2002. See attached memo, p.21. The committee
recommends approval. - Approved Under Consent Agenda
10. The Regional Jail requests a Regional Jail supplemental appropriation in the amount of
$35.981.22. This request will also require a General Fund supplemental appropriation in the amount
of $12.035.72. This represents the Frederick County share of the cost for a Lids Technician.
Additional local funds are required. See attached memo, p.22-23. The committee recommends
postponing the request pending clarification to questions that the committee had. - Referred Back
to Finance Committee
11. The County requests discussion with the Finance Committee on the county's position on
the $ 0.27 per mile mileage reimbursement for all departments. The state currently reimburses for
mileage at a rate of 32.5 cents. The committee recommends increasing the county mileage
reimbursement to 32.5 cents. - 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
12. As requested, the Commissioner of the Revenue will give an update on the land use
values.
13. The School Board requests a School Operating Fund budget transfer in the amount of
$112.000.00. This categorical transfer from "Instruction" to "Administration, Attendance & Health"
is requested in each ofthe two fiscal years FY2001 and FY2002. No additional funds are needed.
See attached memo, p.24. The committee recommends approval. - Approved
Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the above request
was approved by the following recorded vote:
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
***For Information Only***
Monthly financial statements for the month ending May 31, 2001 are included. See attached
memo, p.25-82.
ADMINISTRATOR RILEY ASKED BOARD TO CONSIDER REFINANCING
LOAN ON ADMINISTRATION BUILDING LOCATED AT 107 NORTH KENT
STREET DUE TO RECENT LOWERING OF INTEREST RATES
Administrator Riley advised the Board that there could be a savings of approximately
$30,000 per year on the current debt of the administration building due to the lowering of interest
rates. He asked the Board ifhe could look into this and the possibilities of redoing this bond issue.
Minute Book Number 27
Board of Supervisors Meeting of 08/08/01
444
The Board concurred with Administrator Riley's request and asked that he proceed in that
direction.
BOARD OF SUPERVISORS COMMENTS
There were no additional comments at this time.
UPON MOTION MADE BY SUPERVISOR ORNDOFF, SECONDED BY
SUPERVISOR SMITH, THERE BEING NO FURTHER BUSINESS TO COME BEFORE
THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME: 9:05 P.M.)
,
Q~ C' C-L,--i~
Richard C. Shickle
Chairman, Board of Supervisors
Minutes Prepared By: ~ -r. \~ ~
Carol T. Bayliss
Deputy Clerk, Board of Supervisors
Minute Book Number 27
Board of Supervisors Meeting of 08/08/01