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October 10, 2001 Regular Meeting 73 A WorksessionlRegular Meeting ofthe Frederick Connty Board of Supervisors was held on October 10, 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.(Chairman Shickle arrived at 6: 16 p.m.) STAFF County Administrator Riley; Assistant County Administrator Tierney; Deputy Clerk Bayliss. Gary Edwards from EDC and Susan Bregman of Multi Systems of Cambridge, Massachusetts. Administrator Riley introduced Mr. Edwards advising that he would provide background information on this study. Mr. Edwards advised that a $45,000 grant had been received from the Federal Government to perform this study. Ms. Bregman outlined the findings of a feasibility study for a north-south mass transit system. She advised that the study assessed the potential to implement services to improve access to employment opportunities in the City of Winchester and Frederick County, particularly for low income individuals living in surrounding communities. She further reviewed the transit strategies for applicable welfare-to-work transportation practices, successful services in peer system within Virginia, and general industry practices in similar operating environments. She further advised that the plan addressed the following goals: Regional employment services New service in Frederick County Expanded service for Winchester Transit System Enhanced transit marketing and community outreach Ms. Bregman further spelled out the specific elements ofthe plan and associated costs with the implementation total of$I,226,707. Supervisor Sager made several inquiries as to whether different organizations were included in this plan. He further asked as to what role the bus fleet that is currently owned by the City of Winchester would play in this plan. He advised that based on what he had read of the plan that was Minute Book Number 27 Board of Supervisors Meeting of 10/10101 474 presented, he did feel there is some deficiency within the plan. He asked if there would be any state funding. Mr. Edwards advised that the funding issue was only touched on, and there would be additional information provided on this at a later date. Chairman Shickle asked for additional information such as routes, and if this would be phased in. He further asked as to how this all gets started, is it through an authority, etc. Administrator Riley explained that the transit system currently operated by the City of Winchester could be given to an authority, he knows this would make Manager Daley very happy. This same presentation is being presented to city council tomorrow morning. WORKSESSION CONCLUDED AT 6:55 P.M. CALL TO ORDER Chairman Shick1e called the meeting to order. INVOCATION The invocation was delivered by Reverend Robert T. Hughes of the Universal Unitarian Church. PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA Administrator Riley advised that he had been contacted by Town of Middletown Mayor John Copeland, wherein he requested to have tab G pulled from tonight's agenda dealing with proposed boundary line adjustment between Frederick County and the Town of Middletown. He further requested to add a Proclamation for Fire and Rescue RecognitionlFire Prevention Week. Upon motion made by Supervisor Sager, seconded by Supervisor Reyes, the agenda was adopted, as amended, 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 CONSENT AGENDA Administrator Riley suggested the following tab for approval under the consent agenda: 1. Proclamation Re: Free Medical Clinic - Tab C. Minute Book Number 27 Board of Supervisors Meeting of 10/10/01 475 2. Proclamation for Fire & Rescue Recognition Week (added to agenda). Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, 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 William Dailey, Back Creek District, appeared before the Board to express his displeasure in how Middletown Town Officials and Council for the Town of Middletown had elected to handle the proposed boundary line adjustment between the County of Frederick and the Town of Middletown. He further advised that he had a petition wherein over 100 residents had signed saying NO to this proposal. He stated that the citizens are outraged with the manner in which this was handled. This definitely needs to go back to the drawing board. Anita Gordon, resident of Middletown, is very upset with how this matter has been handled. She asked Board members whether any type of study had been done with regard to this proposal, and if not, she asked that it be done for she feels anything less favors this request with corruption. Cindy Brockwell, resident of Middletown, informed the Board of a new citizens group that has been formed consisting of residents of Middletown named RAID that stands for Residents Against Indiscriminate Development. She advised the Board of the notice that appeared one time in the paper, and even though this is all that is required by law, she could not believe the citizens of Middletown were not afforded the opportunity to know about this plan long before it got to this point. Patricia Elmore, resident of Back Creek District, is not happy with how this has been handled and requested the Board to look into what is being requested. Peggy Hodgson, resident of Middletown, thanked Supervisor Douglas and Chairman Shickle for being present at the public hearing held on October 8 in Middletown concerning this boundary line adjustment request. Is very much opposed to what the town council has done, and wants to do. Feels all parties need to be fully informed of what is being proposed. Ronald Gordon, resident of Middletown, recently moved to area from New York. The Minute Book Number 27 Board of Supervisors Meeting of 10/10/01 476 citizens of Middletown feel they are entitled to and should have the opportunity to give their input to this request. He asked that the necessary steps be taken to make sure that all county residents are provided with the pertinent information prior to this request coming back before the Middletown Town Council and the board of supervisors. MINUTES Upon motion made by Supervisor Orndoff, seconded by Supervisor Douglas, the minutes of the Regular Meeting of September 12, 2001 were approved, as presented, 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 COUNTY OFFICIALS BRETT BOYD APPOINTED TO HISTORIC RESOURCES ADVISORY BOARD AS MEMBER AT LARGE Upon motion made by Supervisor Reyes, seconded by Supervisor Sager, Brett Boyd was appointed to the Historic Resources Advisory Board as a member-at-large. This appointment is due to the passing ofR. Lee Taylor. The term expires on May 10,2002. Chairman Shickle advised that he had spoken with Supervisor Reyes following the last vote on this appointment, wherein he explained to him that it did not appear he would have an appointment to the Historic Resources Advisory Board. He feels the county is very slight in their representation, on the advisory board, from the southern end of the county, especially with all the battlefield activity that is going on. He further advised that he does intend to vote no on the appointment; but it is not because he has anything against Mr. Boyd. Upon motion made by Supervisor Reyes, seconded by Supervisor Sager, Brett Boyd is hereby appointed to the Historic Resources Advisory Board. The above motion was approved by the following recorded vote: Richard C. Shickle - Nay Charles W. Orndoff, Sr. - Nay W. Harrington Smith, Ir. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Minute Book Number 27 Board of Supervisors Meeting of 10/10/01 477 JOHN LIGHT REAPPOINTED TO THE PLANNING COMMISSION FROM STONEWALL DISTRICT Upon motion made by Supervisor Orndoff, seconded by Supervisor Sager, John Light was reappointed to the planning commission from Stonewall District. This is a four year term. The term will commence on October 31, 2001 and expire on October 31, 2005. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye GEORGE H. LUDWIG APPOINTED TO HANDLEY REGIONAL LIBRARY BOARD FROM BACK CREEK DISTRICT Upon motion made by Supervisor Douglas, seconded by Supervisor Reyes, George H. Ludwig was appointed to the Handley Regional Library Board from Back Creek District. This is a four year appointment. This term will commence on November 30,2001 and expire on November 30,2005. The above motion 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 DUDLEY RINKER NOMINATED TO THE BOARD OF ZONING APPEALS FROM BACK CREEK DISTRICT Upon motion made by Supervisor Douglas, seconded by Supervisor Sager, Dudley Rinker was nominated for reappointment to the Board of Zoning Appeals from Back Creek District. This is a five year term. The term will commence on January 1, 2002 and expire on December 31, 2006. This nomination will be forwarded to the Circuit Court Judge. 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 BILL AUSTIN APPOINTED TO WINCHESTER INCUBATION REGIONAL Minute Book Number 27 Board of Supervisors Meeting of tOIlO/Ol 478 ENTERPRISE (WIRE) BOARD Upon motion made by Supervisor Sager, seconded by Supervisor Reyes, Bill Austin was appointed to the WIRE Board. This is a three year term. Mr. Austin's term will terminate on March 29,2004. 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 PROCLAMATION (#004-01) RE: FREE MEDICAL CLINIC WEEK - APPROVED UNDER CONSENT AGENDA WHEREAS, the Free Medical Clinic of Northern Shenandoah Valley, Inc. first delivered services to patients in October, 1986; and WHEREAS, the Free Medical Clinic of Northern Shenandoah Valley, Inc. provides basic, free health care to individuals and families who are without medical insurance or the ability to pay for the medical care they need; and WHEREAS, the Board of Directors, the medical professionals, and the volunteer staff ofthe clinic work together to provide free medical care and to support the health care needs of those who cannot afford the cost of health care; and WHEREAS, this year the Free Medical Clinic will celebrate its 15th anniversary. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby proclaim the week of October 22-28,2001 as Free Medical Clinic Week, and to acknowledge the support and efforts ofthose who have contributed to providing health care to the citizens of the Northern Shenandoah Valley. Adopted this 10th day of October , 2001. FIRE AND RESCUE RECOGNITION/FIRE PREVENTION PROCLAMATION (#005-01) APPROVED UNDER CONSENT AGENDA WHEREAS, the welfare and vitality of a community is dependant upon the overall safety within the community; and WHEREAS, a comprehensive fire protection program is a necessary component of the public safety program; and WHEREAS, the response to emergency situations is the most visible element of fire protection; and WHEREAS, the fundamentals of a comprehensive program relates to preventative measurers rather than reactive response methods; and WHEREAS, the Frederick County Fire and Rescue Department is a strong advocate of Fire Prevention and Public Fire Education; and WHEREAS, firefighters face great personal risk and make tremendous sacrifices to extend Minute Book Number 27 Board of Supervisors Meeting of 10/10/01 419 quality fire protection services to our citizens; and WHEREAS, firefighters serve as our first line of defense against all hazards which may threaten our community. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby recognize the week of October 7-13,2001 as Fire Prevention Week and urges all citizens to utilize prevention activities and methods as their first defense against the tragedy associated with an uncontrolled fire, and to show your support to your local fire company. The Board of Supervisors also commends each of our firefighters for a job well done and expresses the thanks of a grateful community. Adopted this 10th day of October, 2001. REOUEST FROM PARKS AND RECREATION DIRECTOR TO SCHEDULE WORKSESSION RE: PROPOSED MASTER PLAN FOR SHERANDO PARK - APPROVED Upon motion made by Supervisor Sager, seconded by Supervisor Orndoff, a Closed Session is scheduled for 5:00 P.M., and a worksession as requested by Parks & Recreation Director James Doran, at 5:30 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 PUBLIC HEARING: PUBLIC HEARING - PROPOSED AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 7. ELECTIONS: ARTICLE I. MAGISTERIAL DISTRICTS: SECTION 7-5. ELECTION OF SUPERVISORS. THE PROPOSED AMENDMENT WILL SPECIFICALLY ADDRESS THE ELECTION OF A CHAIRMAN-AT- LARGE SUPERVISOR - APPROVED Administrator Riley explained this was basically a "housekeeping" issue. When this section was reviewed by the State they felt the wording needed to be amended. BE IT ORDAINED, that Chapter 7, Elections; Article I, Magisterial Districts; by the amendment of Section 7-5, Election of Supervisors, to read as follows: ~ 7-5. Election of Supervisors. There shall be one (1) Chairman elected At-Large from all districts within the county and one (1) Supervisor shall be elected from each magisterial district created by this Article. Chairman Shickle asked County Attorney Lawrence R. Ambrogi if there was any reason he should not participate in this discussion and vote. Attorney Ambrogi replied no. Minute Book Number 27 Board of Supervisors Meeting of 10/10/01 480 Sam Lehman, Back Creek District, appeared before the Board and asked ifit was an option for the county to return to the way it used to be when the Chairman was selected by their fellow board members. Attorney Ambrogi replied yes, however, it would have to be done by referendum, just as the current way was done. Upon motion made by Supervisor Sager, seconded by Supervisor Orndoff, the above amendment 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 - AMENDMENT TO THE 2001-2002 FISCAL YEAR BUDGET - PURSUANT TO SECTION 15.2-2507 OF THE CODE OF VIRGINIA. 1950. AS AMENDED. THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO AMEND THE 2001-2002 BUDGET (RESOLUTION (#015-00 - APPROVED Administrator Riley presented this request to the Board. Finance Director Shiffler appeared before the Board to explain the amounts. Upon motion made by Supervisor Sager, seconded by Supervisor Douglas, the following amendment was approved: WHEREAS, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on October 10, 2001, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2001- 2002 Budget be Amended to Reflect: School Operating Fund Supplemental Appropriation in the Amount of $751,031.00. This Amount Represents FYOl Remaining Funds Available for Appropriation. School Operating Fund Supplemental Appropriation in the Amount of $928,611.34. This Amount Represents Outstanding School Fund Encumbrances at June 30, 2001. Construction Fund Supplemental Appropriation in the Amount of $1,618,046.98. This Amount Represents Outstanding Construction Fund Encumbrances at June 30, 2001. ADOPTED this loth day of October, 2001. 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 Minute Book Number 27 Board of Supervisors Meeting of 10/10/01 481 PUBLIC HEARING - PROPOSED BOUNDARY LINE ADJUSTMENT BETWEEN THE COUNTY OF FREDERICK AND THE TOWN OF MIDDLETOWN. VIRGINIA. NOTICE IS HEREBY GIVEN THAT THE TOWN OF MIDDLETOWN. VIRGINIA. AND FREDERICK COUNTY. VIRGINIA. INTEND TO APPROVE A BOUNDARY LINE CHANGE AGREEMENT. A DESCRIPTIVE SUMMARY OF THE PROPOSED AGREEMENT IS THAT THE AFORESAID TOWN INTENDS TO ADD APPROXIMATELY 309.23 ACRES TO ITS EXISTING BOUNDARIES AND THAT THE TOWN OF MIDDLETOWN. VIRGINIA. AND FREDERICK COUNTY. VIRGINIA. SHALL COMPLY WITH THE PROVISIONS OF VIRGINIA CODE SECTION 15.2-3106 ET. SEO. REGARDING THE CHANGE OF SAID BOUNDARY LINES - PULLED AT THE REOUEST OF MIDDLETOWN MAYOR PLANNING COMMISSION BUSINESS: PUBLIC HEARING: PUBLIC HEARING-CONDITIONAL USEPERMIT#11-01 OF WALTER I. FLOYD. JR.. FOR A MOTEL (BED & BREAKFAST). THIS PROPERTY IS LOCATED AT 6244 W ARDENSVILLE GRADE AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 69-A-44A IN THE BACK CREEK MAGISTERIAL DISTRICT - APPROVED Assistant Zoning Administrator Mark Cheran 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 #11-01 of Walter 1. Floyd, Jr. 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 #12-01 OF MARY C. DIXON FORAN EXPANSION OF CONDITIONAL USE PERMIT #13-99 FORADAYCARE FACILITY. THIS PROPERTY IS LOCATED AT 128 MEADOWBROOKE DRIVE AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 85B-1-22 IN THE OPEOUON MAGISTERIAL DISTRICT - APPROVED Planner II Rebecca Ragsdale, 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 Sager, seconded by Supervisor Reyes, CUP #12-01 was approved, as presented, by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Minute Book Number 27 Board of Supervisors Meeting of 10/10/01 48 Margaret B. Douglas - Aye Sidney A. Reyes - Aye PUBLIC HEARING - CONDITIONAL USE PERMIT #13-01 OF LYNETTE L. EMBREE FOR A COTTAGE OCCUPATION - COUNSELING SERVICE. THIS PROPERTY IS LOCATED AT 687 FRONT ROYAL PIKE AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 64C-A-2 IN THE SHAWNEE MAGISTERIAL DISTRICT - APPROVED Assistant Zoning Administrator Cheran 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 Smith, seconded by Supervisor Reyes, CUP #13-01 of Lynette L. Embree 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 #17-01 OF JORDAN SPRINGS TO ESTABLISH AN OFFICE USE THAT IS OF EOUAL OR LESSER NONCONFORMITY THAN THE SHALOM ET BENEDICTUS TREATMENT CENTER. THIS PROPERTY IS LOCATED AT 1160 JORDAN SPRINGS ROAD AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 44-A-294 IN THE STONEWALL MAGISTERIAL DISTRICT - POSTPONED AT THE REOUEST OF THE APPLICANT) PUBLIC HEARING - REVISED PROFFERS FOR BRIARWOOD ESTATES. SUBMITTED BYDA VE HOLLIDAY OF SHIHO. INC.. TO ELIMINATE PLATTING RESTRICTIONS ASSOCIATED WITH THE GREENWOOD ROAD (ROUTE 656) IMPROVEMENT PROJECT. BRIARWOOD ESTATES IS LOCATED IN THE RED BUD MAGISTERIAL DISTRICHRESOLUTION #016-01) - APPROVED Chairman Shickle advised that he would be abstaining from any and all discussion on this request, as well as the vote, due to what could appear as a possible conflict of interest. Vice Chairman Orndoff presided over this portion of the meeting. Planning Director Evan Wyatt appeared before the Board wherein he advised them that he had received a letter from Shiho, Inc., dated September 6, 2001. He advised that this letter requests consideration of an amendment to the approved proffer statement for Briarwood Estates. The applicant, Dave Holliday, has submitted attachments with this letter including the approved proffer statement and the proposed revised proffer statement for this development. Director Wyatt further explained at the planning commission meeting on October 3,2001, Mr. Holliday was available to answer questions from the commission. The planning commission had no outstanding issues of Minute Book Number 27 Board of Supervisors Meeting of 10/10/01 483 concern with amending the proffer in light ofthe time frames for the completion of Greenwood Road and the development ofthe remaining residential lots. The commission unanimously recommended approval. Mr. Holliday appeared before the Board at which time he explained that VDOT was one and half years late in acquiring their necessary right-of-ways. Vice Chairman Orndoff asked County Attorney ifthere was a problem with him voting on this issue, due to the fact that he was chairing this portion of the meeting. Attorney Ambrogi replied no. There was no public input. Upon motion made by Supervisor Reyes, seconded by Supervisor Sager, the Revised Proffer Resolution for Briarwood Estates was approved: WHEREAS, Rezoning #018-87 was approved on August 26, 1987, and Rezoning #003-98 was approved on April 8, 1998 by the Frederick County Board of Supervisors to establish Briarwood Estates; and WHEREAS, the 50.53-acre portion ofBriarwood Estates that was rezoned in 1998 received conditional zoning approval in the form of an adopted proffer statement; and WHEREAS, the applicant, Mr. Dave Holliday, has formally requested in writing that the proffer statement for this development be amended as described on the attached document; and WHEREAS, the Planning Commission held a public hearing on this proffer amendment request on October 3,2001; and WHEREAS, the Board of Supervisors held a public hearing on this proffer amendment request on October 10,2001; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this proffer amendment request to eliminate the Greenwood Road Improvement section acceptable and in accordance with the projected time line for the completion of the Greenwood Road improvement project; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that the amended proffers for Briarwood Estates are hereby approved as described on the attached document. This amendment shall be in effect on the date of adoption. The above motion was approved by the following recorded vote: Richard C. Shickle - Abstained Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye THE FOLLOWING TWO PROPOSED AMENDMENTS WERE HEARD TOGETHER Minute Book Number 27 Board of Supervisors Meeting of 10/10/01 484 PUBLIC HEARING - PROPOSED AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 144. SUBDIVISION; ARTICLE III. GENERAL PROVISIONS; SECTION 144-6. VIOLATIONS AND PENAL TIES. THE PROPOSED AMENDMENT ESTABLISHED NEW PENALTIES GUIDELINES FOR VIOLATIONS OF THIS CHAPTER OF THE CODE OF FREDERICK COUNTY - APPROVED PUBLIC HEARING - PROPOSED AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 165. ZONING. ARTICLE 1. GENERAL PROVISIONS; SECTION 165-6. VIOLATIONS AND PENALTIES. ENFORCEMENT. THE PROPOSED AMENDMENT EST ABLISHED NEW PENAL TIES GUIDELINES. FOR VIOLATIONS OF THIS CHAPTER OF THE CODE OF FREDERICK COUNTY - APPROVED Planning Director Wyatt presented these ordinance amendment requests to the Board advising them that staff met recently with the County Attorney's Office to review information pertaining to violations and penalties for enforcement measures with the County's Subdivision Ordinance. He further advised that violations pertaining to this chapter of the Code of Frederick County are treated as a misdemeanor and are filed with the courts as an unclassified misdemeanor. The opinion from the County Attorney's Office is that the County's Subdivision Ordinance needs to be amended to specifically address language within the Code of Virginia pertaining to misdemeanors. This amendment has also been reviewed by the Development Review and Regulations Subcommittee (DRRS), and they expressed no concern with the proposed text amendment. Chairman Shickle and Supervisor Reyes expressed some concern as to their understanding of exactly what the new text meant. Attorney Ambrogi explained that the amendment would mean only a fine, but no jail time. There was no public input. Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the following amendments to Chapter 144 of the Subdivision Ordinance and 165 of the Zoning Ordinance were approved: WHEREAS, An ordinance to amend Chapter 144, Subdivision Ordinance, Code of Pre de rick County; was considered by the Development Review and Regulations Subcommittee (DRRS) on July 26,2001; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on September 5,2001; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on October 10, 2001; and WHEREAS, the Frederick County Board of Supervisors finds the adoption ofthis ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors Minute Book Number 27 Board of Supervisors Meeting of 10/10/01 485 that Chapter 144 is amended as described on the attachment. This ordinance shall be in effect on the date of adoption. Passed this 10th day of October, 2001. Section 144-6 Violations and Penalties All land divisions requiring subdivision approval shall conform to the provisions of this chapter. Any person(s), firm or corporation, whether owner, lessee, principal, agent, employee or otherwise, who violates any provision ofthis chapter shall be guilty of a misdemeanor. Upon conviction of such misdemeanor, the guilty party such person (s), firm or corporation shall be "ubj",..,t to a fillG up to VII" tLvu"al,ddvllal" ($1,000) PG, day OllllGalGWI:tlull as plGSGli-bcd b, the Code ofVirglllia. subject to punishment by a fine of not more than five hundred ($500) dollars for each lot or parcel of land so subdivided, transferred or sold. The description of the lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from the penalties or remedies herein provided. CHAPTER 165 WHEREAS, An ordinance to amend Chapter 165, Zoning, Code of Frederick Countv; was considered by the Development Review and Regulations Subcommittee (DRRS) on July 26, 2001; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on September 5, 2001; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on October 10,2001; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 1440 is amended as described on the attachment. This ordinance shall be in effect on the date of adoption. Passed this 10th day of October, 2001. Section 165-6 Violations and Penalties; Enforcement Misdemeanor. Any person(s), firm or corporation, whether owner, lessee, principal, agent, employee or otherwise, who violates any provision ofthis chapter or who uses land or constructs or alters structures in a fashion that is not in conformance with the requirements and procedures in this chapter shall be guilty of a misdemeanor. Upon conviction of such misdemeanor, such person(s), firm or corporation shall be subject to punishment pu,~,,1Ia11e by a U1<1A~U1UU1 fillG oftvvv t1,vuSAnd hvdlwlJ1ed dolla.L" ($2,500) VI L.y a pOllid of imp1i"vHlII"Ht Hot GAGccdlng t~clve (12) ffiunths, 01 1y 'uOtli 6uGh fillG and Imp1isonment. fine of not less than ten ($10) dollars nor more than one thousand ($1,000) dollars. If this violation is uncorrected at the time of conviction, the court shall order the violator to abate or remedy such violation in compliance with the zoning ordinance, within a time period established by the court. Failure to remove or abate a zoning violation within a specified time period shall constitute a separate misdemeanor offense punishable by a fine of not less than ten ($10) nor more than one thousand ($1,000) dollars, and any such failure during any succeeding thirty-day (30) period shall constitute a separate misdemeanor offense for each thirty-day (30) period, punishable by afine of not less than ten ($10) dollars nor more than one thousand ($1,000) dollars. EaGh da, that a violation cuuti1mes shall b.. J....,iled a sepa.Lal.. offGh5c. Minute Book Number 27 Board of Supervisors Meeting of 10/10/01 486 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 OTHER PLANNING ITEMS REQUEST FOR WAIVER TO INCREASE WOODLANDS DISTURBANCE WITH THE STONEWALL INDUSTRIAL PARK - APPROVED Planning Director Evan Wyatt appeared before the Board at which time he explained that he had received a letter from Mr. Mark Smith on behalf of the Lenoir City Company of Virginia, owner ofthe Stonewall Industrial Park located in the Stonewall Magisterial District. He further explained that the Lenoir City Company requests that a waiver of the woodlands disturbance requirement of the Zoning Ordinance be granted. The woodlands waiver would apply to property identified by P .LN. 43-A-63, an approximately 119 acre site zoned Ml, and previously master planned in 1999. Director Wyatt explained that the zoning ordinance allows for no more than 25 percent of woodlands to be disturbed. The ordinance further states that the Board of Supervisors may allow larger woodland areas to be disturbed in industrial parks. The applicant is requesting to be permitted to disturb up to 75 percent ofthe woodlands on this site in order to more fully develop the property for light industrial use. The 4.8 acres of woodlands that would be disturbed are presently located adjacent to a developed industrial site and an adjoining RA- zoned, agricultural property. Mark Smith, of Greenway Engineering, appeared before the Board to explain what was located at the site in question. Supervisor Orndoff moved to approve the request of Lenoir City Company of Virginia, Supervisor Smith seconded the motion. Supervisor Reyes stated that he is totally opposed to removing trees; however, he feels this request is appropriate. Supervisor Smith agreed with Supervisor Reyes. Supervisor Orndoff stated that he felt this was mostly brush and needed to be removed. Supervisor Douglas agreed. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Minute Book Number 27 Board of Supervisors Meeting of 10/10/01 487 Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye DISCUSSION - REOUEST OF CECIL BOYCE FOR AMENDMENT - ACCESSORY STRUCTURE REOUEST - REFERRED BACK TO STAFF Planning Director Wyatt advised the Board that staff had received a request from Mr. Cecil Boyce, of 1759 Wardensville Grade, to consider an amendment to Chapter 165-26 of the zoning ordinance. He further advised this would allow mobile homes to be used as accessory dwellings throughout the RA District. Mf. Boyce also requested "a waiver" to 165-26B(I) which involves size requirements for accessory dwellings. Director Wyatt further advised that staff, DRRS and planning commission recommended denial ofthis request. It was noted that should the Board of Supervisors determine that it would be appropriate to allow mobile homes as an accessory dwelling, staff would request that this issue be sent back to the DRRS to consider the following issues: -Structural setbacks for accessory mobile home dwellings. -On-site sewage system requirements for accessory mobile home dwellings. -A minimum acreage requirement for accessory mobile home dwellings. -Other issues identified by the planning commission. Supervisor Smith asked Director Wyatt ifhe felt this would be opening "Pandora's Box"? Director Wyatt replied yes. Supervisor Reyes stated that when he heard this at the planning commission level, it was a hardship case. Director Wyatt explained. Supervisor Sager stated that he felt if this was approved by the Board they would be setting precedent, and he was not in favor of opening this door. Mr. Boyce appeared before the Board at which time he explained this trailer would be used for his sister who had recently lost her husband and had no place to live. He advised that she would have to get assistance from Social Services if he is not allowed to have the trailer at this location, as her only income was approximately $400 per month. He further stated that he would agree to remove the trailer at such time as his sister would no longer need it. He advised the Board that a Minute Book Number 27 Board of Supervisors Meeting of 10/10/01 48 trailer was located at this site for a number of years, and he would provide the necessary papers indicating same ifhe could locate them. Supervisor Sager stated that he feels the Board could appreciate Mr. Boyce's situation, but was not sure there was anything they could do. Supervisor Reyes asked Director Wyatt ifthere was anything the county could do to assist Mr. Boyce. Director Wyatt explained about non-conforming use, and if it could be proven that at one time there were two dwellings located on the site, perhaps this could be looked at further by the Board. Administrator Riley suggested giving this to staffto review and determine ifthere were in fact two units on the site at the same time. Mr. Boyce advised that he owned the land; however, someone else owned the trailer. Assistant Administrator Tierney advised, based on what has been presented, staff would look at it and determine what could be done. Chairman Shickle stated that there should be a way to accommodate this request ifit can be done. He further advised Mr. Boyce that if the Health Department says no, then there is nothing further that the county can do. COMMITTEE REPORTS LAW ENFORCEMENT AND COURTS COMMITTEE - VOTED ON UNDER FINANCE COMMITTEE REPORT The Law Enforcement and Courts Committee met on Tuesday, September 11,2001, 4:00P .M., in the First Floor Conference Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were Chairman of the Committee Robert M. Sager, Supervisor Margaret B. Douglas, Committee Members James 1. Hockman, David A. Fahnestock, Vickie Wilkins, County Administrator John R. Riley, Jr., Assistant County Administrator Kris C. Tierney, County Attorney Lawrence R. Ambrogi and Sheriff Robert T. Williamson. The committee submits the following: ***ltems Requiring Action*** 1. Request for the Establishment of a Traffic Enforcement Unit The sheriff is requesting that a traffic enforcement division be created within the sheriffs department. The primary function ofthis unit would be all facets of traffic enforcement to include accident investigation, traffic control, radar enforcement, and all parking regulation enforcement. The sheriff envisions this unit requiring seven new positions. He would like to request three positions now and four positions in next year's budget. Estimated expenditures for each position, including vehicles, is $62,714, for a total current request of$217,816. The sheriff indicated that available carry forward funds can fund this request. He also advised the committee that the compensation board has authorized three new positions for Minute Book Number 27 Board of Supervisors Meeting of 1011 0101 89 Frederick County based on increased population estimates and the funding formula of one deputy per fifteen hundred people, but no funding from the commonwealth is available. The committee recommends approval and refers same to the finance committee. 2. Request for an Additional Animal Control Officer The sheriff advised the committee for the need of an additional animal control officer. Complaints for service are increasing in frequency allowing for little or no time for routine enforcement. By routine enforcement, the sheriff means checking areas of the county for valid dog tags. This area of law enforcement has been a chronic problem with no relief in site. The committee recommends to the finance committee that the position be funded in the amount of$62,714 to include a vehicle. FINANCE COMMITTEE The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on September 19, 2001 at 8:00 A.M. Upon Motion Made bv Sunervisor Smith. Seconded bv Supervisor Sal!er. Numbers 3 5.6.7.8.10.11 were Annroved under Consent Al!enda. 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 1. The Commissioner ofthe Revenue submitted vehicle request and authorization forms as requested by the Finance Committee. See attached memo, p.1-3. The committee recommends approval for the purchase of a four-wheel drive vehicle. The 1991 Ford Explorer will be removed from the County fleet. A General Fund supplemental appropriation in the amount not to exceed $25.000.00 was a\lProved bv the committee for this purchase. The committee will consider replacement of the other two vehicles requested at a later time. 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 Director of Finance requests a General Fund supplemental appropriation in the amount of $10.000.00. This amount represents funding for the Tourism Budget. The City of Winchester is fiscal agent for this budget. It was estimated that our share would be $150,000.00. The signed resolution, which was completed after the budget, allocates equal contributions from the County and City in the amount of$160,000.00. Additionallocal funds are required. See attached memo, pA-7. The committee recommends approval. Approved Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the above request Minute Book Number 27 Board of Supervisors Meeting of 10/10/01 49 was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye 3. The Director of Finance requests a General Fund supplemental appropriation in the amount of$22.307.00. This request represents the County's share of prior year capital projects for the Judicial Center that were budgeted, but not spent. See attached requests from the City of Winchester, p.8-9. The committee recommends approval. Approved Under Consent Agenda 4. The Sheriff requests General Fund supplemental appropriations in the amount of $250.856.00. This amount includes a request for $188,142.00 to create a traffic enforcement division within the sheriffs department. This amount includes three positions and vehicles. Also, the sheriff requests $62,714.00 for an additional animal control officer and a vehicle. Additional local funds are required. See attached memo, p.l 0-21. The committee recommends approval of a General Fund supplemental appropriation in the amount of $188.142.00 to create a traffic enforcement division within the sheriffs department. Mr. Wilkins voted nay. The committee denied the request for an additional animal control officer and a vehicle. Chairman Shickle, Mr. Butler, and Mr. Wilkins voted nay. First Part of Request in the Amount of $188,142 was Approved Upon Motion Made by Supervisor Smith, Seconded by Supervisor Reyes, and 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 Second Part of Request in the Amount of $62,714 was Denied. Upon Motion Made by Supervisor Smith, Seconded by Supervisor Sager, this Part of the Request was Denied 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 - Nay Sidney A. Reyes - Aye 5. The Director of Public Works requests a General Fund budget transfer in the amount of $13.594.00 and a General Fund supplemental request in the amount of$IO.000.00. These amounts represent a request from Reader and Swartz Architects, P.C. to increase their construction administration fee by an amount of $13,594.00 on the renovation of the Old Frederick County Courthouse and is requested to be transferred from line item 10-4304-8011-000-000 Alterations of Old Buildings to 10-4304-3002-000-000 Professional Services. No additional local funds are required. Additionally, a recently acquired grant in the amount of$IO,OOO.OO was awarded by the Shenandoah Valley Battlefields Foundation for the preservation of civil war graffiti found in the Old County Courthouse and this amount is requested to be placed in line item 10-4304-8011-000-000 Alterations to Old Buildings. No additional local funds are required. See attached memo, p.22-23. The committee recommends approval. The committee directed Mr. Riley to send a letter of appreciation to the Shenandoah Valley Battlefields Foundations for the $10,000.00 grant. Approved Under Consent Agenda 6. The Director of Public Works requests General Fund supplemental appropriations in the Minute Book Number 27 Board of Supervisors Meeting of 10/10/01 491 amount of $145.763.00. These amounts represent funds from FY 2001 and includes a $679.00 amount representing litter control monies to be placed in line item 10-4205- 1001-000-090 Laborer II, $4,500.00 represents funds that will be used for surveying services and is requested to be placed in line item 10-4201-3002-000-000 Professional Services, $140,000.00 representing culvert installations and all lot and channel grading and is requested to be placed in line item 10-4201-7900- 000-001 Storm Water Improvements, and $584.00 representing a FY2001 invoice and is requested to be placed in line item 10-3401-8002-000-000 Furniture and Fixtures. See attached memo, p.24- 27. The committee recommends approval. Approved Under Consent Agenda 7. The Administrator for the Lord Fairfax Health District requests that the $3,938.31 in remaining Frederick County Funds at year-end be maintained and carried forward to FY2002 in the Frederick County Health Department Budget. See attached memo, p.28. The committee recommends approval. Mr. Sager voted nay. Approved Under Consent Agenda 8. The EDC Project Specialist requests a General Fund supplemental appropriation in the amount of $31.781.86. This amount represents federal funds for equipment upgrades for the Telecommuting Center and is requested to be placed in line item 8102-3002-000-002 Professional Services Telecommuting. Federal Funds are received as a reimbursement. See attached memo, p.29. The committee recommends approval. Approved Under Consent Agenda 9. The EDC Project Specialist requests a General Fund supplemental appropriation in the amount of $5.000.00. This amount is needed to complete the Techway Advertisement and is requested to be placed in line item 8102-3007-000-000 Advertising. This amount is in addition to the supplemental appropriation last month. EDC recognized uncommitted revenue during FY200 1 by an amount greater than the request. See attached memo,p.30. 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 10. The Regional Jail requests a Regional Jail supplemental appropriation in the amount of $3.600.00. This amount represents an insurance reimbursement for replacing the damaged metal detector in Booking and is requested to be placed in line item 11-3301-8001-000-000 Machinery and Equipment. No local funds are required. See attached memo, p.3l-34. The committee recommends approval. Approved Under Consent Agenda 11. The Regional Jail requests an amendment to the Regional Jail supplemental appropriation in the amount of$35,981.22 that was approved by the Board of Supervisors September 12,2001. This request originally was to include additional funding from each jurisdiction. This request has been amended to be funded from the Jail Fund reserves. The committee recommends approval. Approved Under Consent Agenda 12. The Director of Court Services requests a Court Services Fund supplemental appropriation in the amount of$20.000.00. This amount is needed to purchase Alco-Sensor III units for distribution to the 18 law enforcement agencies in the Old Dominion ASAP's service area and the funds were approved by the Old Dominion ASAP Policy Board and are requested to be placed in line item 13-2109-5413-00-000 Other Operating Supplies. See attached memo, p.35. The committee recommends approval. Approved Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the above request Minute Book Number 27 Board of Supervisors Meeting of 10/10/01 49 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 13. The School Finance Director requests a Consolidated Services Fund supplemental aoorooriation in the amount of$28329.52 and a Textbook Fund suoolemental aooropriation in the amount of $210.40. These amounts represent outstanding encumbrances for the school system at 6/30/01. See attached memo, p.36-41. The outstanding purchase orders for the School Operating Fund and Construction Fund require a public hearing and have been included under the Public Hearing section of this agenda. 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 14. The School Finance Directorrequests a General Fund supplemental aooropriation in the amount of $751.031.00. This amount represents FY2001 remaining funds available for appropriation. It is requested that these funds increase the School Operating budget for technology and security initiatives, the purchase of School buses and fleet vehicles, repairs and maintenance and SOL teacher training accounts. See attached memo, p.42-53. The committee recommends approval; however, this item will require a public hearing and will be included in the Public Hearing section of this agenda. ***For Information Only*** 1. Attached is a letter from the Millwood Station Volunteer Fire & Rescue Company in appreciation for the financial contribution. See attached memo, p.54. 2. Monthly financial statements for the months ending June 30, 2001 and July 31, 2001 are included and a year-end summary at June 30, 2001. The detail was previously provided and has not been included with the agenda. See attached memo, p.55-79. BOARD OF SUPERVISORS COMMENTS Chairman Shickle inquired as to the name of the newest staff member that appeared before the Board tonight under planning commission items. Planning Director Wyatt apologized, and even though she has left the meeting, her name is Rebecca Ragsdale and she is the new Planner 1. Supervisor Sager addressed the current world situation as it deals with the events that have taken place since September 11. He called attention to those that are willing to help and assist in this time of unrest and thanked everyone for what they have and continue to do every day. Minute Book Number 27 Board of Supervisors Meeting of 10/10/01 93 UPON MOTION MADE BY SUPERVISOR SMITH, SECONDED BY SUPERVISOR SAGER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME: 8:58 P.M.) .... JdtZ1(~ County Administrator ""-- (2.. . L-Q ~Q~~ 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 10/10/01