November 08, 2000 Regular Meeting
1U3
A Regular Meeting ofthe Frederick County Board of Supervisors was held on November 8,
2000, at 7:15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building,
107 North Kent Street, Winchester, Virginia.
PRESENT
Chairman Richard C. Shickle; Vice Chairman Charles W. Orndoff, Sr.; W. Harrington Smith,
Jr.; Robert M. Sager; Margaret B. Douglas; and Sidney A. Reyes.
CALL TO ORDER
Chairman Shickle called the meeting to order.
INVOCATION
The invocation was delivered by Charmissa Washington Associate Minister with Mt. Carmel
Baptist Church.
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
County Administrator Riley requested the addition of the following:
1. Ratification of Declaration of Buming Ban that was put into effect on November 7.
2. Public Safety - Request for Allocation of Grant Funds.
3. Add Closed Session at end ofthe meeting to discuss Legal and Personnel matters.
Upon motion made by Supervisor Smith, seconded by Supervisor Sager, 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 the following tabs for approval under consent agenda:
1. Resolution Re: Changes in the Secondary System Due to Relocation and Construction
on Route 648 - Tab C.
2. Resolution Re: Request for Installation of "Watch for Children" Signs - Dogwood Road
in Shenandoah Hills - Tab D.
Upon motion made by Supervisor Sager, seconded by Supervisor Orndoff, the consent
agenda was approved, as noted above, by the following recorded vote:
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Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
CITIZEN COMMENT
Chairman Shickle asked that no one speak to anything that is scheduled for a public hearing
later in the meeting, and this is also extended to the public hearing scheduled for November 15 for
the Shockey rezoning. He asked that anyone wishing to speak to this rezoning appear at that
meeting.
There was no public input.
COUNTY OFFICIALS:
JAMES BRUMBACK NOMINATED TO BOARD OF EQUALIZATION FROM
BACK CREEK DISTRICT
Upon motion made by Supervisor Douglas, seconded by Supervisor Smith, James
Brumback's name was placed in nomination to serve on the Board of Equalization from Back Creek
District.
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
APPOINTMENTS MADE TO GYPSY MOTH COMMITTEE
Joe Alderman - Back Creek District
Tim Gano - Gainesboro District
Kenneth Unger - Stonewall District
Gary Van Meter - Shawnee District
Brenda Diehl- Opequon District
Frank Sherwood - At-Large
Upon motion made by Supervisor Sager, seconded by Supervisor Reyes, the above
appointments to the Gypsy Moth Committee 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
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EXTENSION AGENT DR. GARY DEOMS AND MERYL CHRISTIANSON
ADDRESSED THE BOARD RE: GYPSY MOTH PROGRAM
Dr. DeOms appeared before the Board, along with Meryl Christianson, to bring the Board
up to date on what is happening with the Gypsy Moth Program. They explained about the masses
that are located in Frederick and Warren Counties. They further explained that a lot will depend on
what happens in the western part of the county, and that spraying is planned for the first of May.
RESOLUTION(#017-00) RE: CHANGES IN THE SECONDARY SYSTEM DUE TO
RELOCA TJON AND CONSTRUCTION ON ROUTE 648 - APPROVED UNDER
CONSENT AGENDA
WHEREAS, the Virginia Department of Transportation has provided this board with a
sketch dated October 20, 2000 depicting required changes in the Secondary System of State
Highways, which sketch entitled "Changes in the Primary and Secondary Systems Due to Relocation
and Construction on Route 648, Project: 34-0648-5302-C04-522, which is hereby incorporated
herein by reference; and
WHEREAS, a new road now serves the same citizens as those portions of old road identified
to be abandoned and those portions to be abandoned no longer serve a public need.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors for the County
of Frederick, Virginia, does hereby abandon from the Secondary System of Highways that portion
of Route 648 identified as Section 2 of the aforementioned sketch, pursuant to 33.1-155 of the Code
of Virginia, 1950, as amended; and
BE IT FURTHER RESOLVED, that the Frederick County Board of Supervisors requests
that the Virginia Department of Transportation add to the Secondary System of Highways that
portion identified as Section 1 of Route 648 ofthe aforementioned sketch, pursuant to 33.1-229 of
the Code a/Virginia, 1950, as amended; and
BE IT FINALLY RESOLVED, that a certified copy ofthis resolution be forwarded to the
Resident Engineer for the Virginia Department of Transportation.
ADOPTED this 8th day of November 2000.
RESOLUTION(#020-00) RE: REQUEST FOR INSTALLATION OF "WATCH FOR
CHILDREN" SIGN - DOGWOOD ROAD IN SHENANDOAH HILLS - APPROVED
UNDER CONSENT AGENDA
WHEREAS, 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
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, Dogwood Road (Route 1210), is located in a residential area and is within the
secondary road system and is a viable candidate for "Watch for Children" signs, and
BE IT THEREFORE RESOLVED, the Frederick County Board of Supervisors does
hereby request that the Department of Transportation install "Watch for Children" signs at the
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entrance of Dogwood Road off of Cardinal Lane (Route 1208) and a second sign on the hill at 117
Dogwood Road. This road is located in the Shenandoah Hills subdivision and the signs should be
placed 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.
Passed this 8th day of November, 2000.
REQUEST FOR AUTHORIZATION TO RETAIN LEGAL COUNSEL - APPROVED
County Administrator Riley presented this request to the Board. The request was for
approval to retain Attorney John H. Foote with the law firm of Walsh, Colucci, Stackhouse, Emrich
& Lubelely, P.C.
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
EMERGENCY BAN ON BURNING - RATIFIED
Administrator Riley explained that he had ordered a ban on both private and commercial
open air burning within Frederick County on November 7. This was done under the emergency
provisions of Chapter 45, Article II, Section 45-1 OE of the Code of Frederick County, Virginia. This
section of the County Code requires the Board to ratify the emergency ordcr at the next meeting
following the action, thus the request for Board action at this time.
Upon motion made by Supervisor Orndoff, seconded by Supervisor Douglas, the ban on
burning, as ordered on November 7, is hereby ratified 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 ALLOCATION OF FUNDS FOR THE PUBLIC SAFETY
COMMUNICATIONS DEPARTMENT - APPROVED
The Department of Public Safety Communications requests the allocation of funds in the
amount of $18,471 to begin the Phase I wireless implementation process. The wireless
implementation funding and grant was obtained after the current budget process. The funding will
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Board of Supervisors Meeting of 11/08/00
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come from the Wireless Grant Fund 10 DB and no additional County funds are needed.
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
PLANNING COMMISSION BUSINESS:
PUBLIC HEARING:
PUBLIC HEARING - REQUEST FOR ENDORSEMENT OF A RESOLUTION TO
DESIGNATE PORTIONS OF ROUTE 600 AS A VIRGINIA BYWAY.
CONSIDERATION OF A REQUEST BY THE VIRGINIA DEPARTMENT OF
CONSERVATION AND RECREATION TO INCLUDE ROUTE 600. FROM ROUTE
55 TOO THE SHENANDOAH COUNTY LINE. AS A VIRGINIA BYWAY IN
COORDINATION WITH THE DESIGNATION OF ROADS IN SHENANDOAH
COUNTY - APPROVED
Planner II Amy Lohr presented this request to the Board.
There was no public input.
Upon motion made by Supervisor Douglas, seconded by Supervisor Smith, the above request
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
OTHER PLANNING ITEMS:
PRELIMINARY MASTER DEVELOPMENT PLAN #06-00 OF SHENANDOAH -
APPROVED WITH CONDITION
Planning Director Kris Tierney presented this request to the Board advising that staff and
planning commission recommended unanimous approval ofthe master plan and the three requested
waivers: the environmental features waiver, the waiver of internal residential separation buffers, and
a waiver of the road efficiency buffer requirement, and with the stipulation that all ofthe reviewing
agencics' comments arc satisfactorily addressed.
Director Tierney further explained that 2,130 units were planned and there would be a total
of926 combined acres. The plan is for a build out at a minimum of six years with gated and private
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roads.
Supervisor Smith questioned Fire & Rescue's comment on this being totally unacceptable,
and the fact if the fire station would be built off site, with a one time offer of $20,000 being made
toward this construction.
Chuck Maddox with G. W. Clifford Associates appeared before the Board and by way of a
map explained what is scheduled to be built and when.
Chairman Shickle stated that it was his understanding that if this plan receives Board
approval at this meeting, this will be the last time this plan would be seen by the Board.
Mr. Tierney replied that was correct.
Chairman Shickle stated that, he felt, with a project ofthis magnitude the Board should see
these three waivers, in place, before final signature is supplied. He further stated that he does not
want to hold up project; however, he feels the Board should know the outcome of the following
Issues:
1.) Virginia Department of Game and Inland Fisheries
3.) Fire & Rescue
4.) Library Site
7.) Village Center
Supervisor Reyes advised that he is opposed to #5 - Environmental Features, as he feels 60%
is too much and that it should remain at 25%.
Supervisor Orndoff questioned the need for a library when there was one as close as
Lakeside.
Mr. Tierney replied that they felt like they would like to have their own.
County Administrator Riley stated that he would work with Firc & Rescue if that was the
Boards desire.
Chairman Shickle replied that he felt that would be good.
Upon motion made by Supervisor Sager, seconded by Supervisor Smith, Preliminary Master
Development Plan #06-00 of Shenandoah was 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
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Board of Supervisors Meeting of 11/08/00
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Sidney A. Reyes - Nay
MEMORANDUM AND RESOLUTION (#019-00) RE: STAR FORT MANAGEMENT
AND INTERPRET A TION PLAN - APPROVED
Planner II Amy Lohr presented this information to the Board.
Chairman Shickle asked what the county's on going roll is in this plan.
Mr. Tierney explained that staff has not played a roll in this, and this plan does not commit
Frederick County to anything.
Upon motion made by Supervisor Reyes, seconded by Supervisor Sager, the following
resolution was approved:
WHEREAS, Frederick County is richly endowed with numerous and significant historic
sites including remnants of the Civil War-era fortification known today as Star Fort; and
WHEREAS, Star Fort, being constructed in 1862 by the Confederate 4th Alabama regiment,
first served as a component of the military defense for the Confederacy and was later used by the
Union Army, who expanded the fortification and changed its name from Fort Alabama to Star Fort;
and
WHEREAS, the preservation and interpretation of this site and the story it offers are a
valuable resources to the residents of Frederick County and the Shenandoah Valley; and
WHEREAS, the Star Fort Management and Interpretation Plan shall serve as a planning
resource for the future protection, management, and execution of this important site.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Frederick
County, Virginia, endorses the Star Fort Management and Interpretation Plan.
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
COMMITTEE REPORTS
PERSONNEL COMMITTEE
The Personnel Committee met on Thursday, October 26,2000, with the following members
present: Margaret B. Douglas, Chairman; Sidney A. Reyes, Vice-Chairman; Philip e.G. Farley,
Verne E. Collins, John R. Riley, Jr., and Ann K. Kelican. Robin Damico was absent.
1. Request to Amend Leave Accrual Rates: - Approved
The Committee reviewed a request from the Personnel Director to amend the County's leave
accrual rates to conform to those recently approved by Governor Gilmore. This amendment would
not effect the County's monetary liability inasmuch as the cash out remains at a maximum 336
hours. The Committee recommends approval ofthis request. (See Attachment "A")
2. Request from Parks and Recreation Director for Reclassifications:- Approved
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The Committee reviewed a request from the Parks and Recreation Director to reclassi fy four
park laborer positions and adjust one park caretaker position. Mr. Doran advised that since the Parks
and Recreation Department has expanded its grounds keeping responsibilities to include all the
County school sites, the job duties and supervisory responsibilities ofthese positions have increased
well beyond those of a laborer position. Mr. Doran also advised that this request had been reviewed
by the Finance Committee and would be funded from FY 1999-2000 surplus funds. The Committee
recommends approval ofthis request. (See Attachment "B")
3. Request from C- F - W Regional Jail for New Positions and Supplemental Appropriation: -
Approved
The C-F-W- Regional Jail Superintendent is requesting approval to accept six new
Compensation Board positions for Fiscal Year 2001 and to appropriate funding in the amount of
$153,347 to fund same. A supplemental appropriation in the amount 01'$124,906 would be needed
and the remaining $28,441 would be funded through line item transfers in the Jail's budget. The
Committee recommends approval of this request. (See Attachment "C")
4. Request from C-F- W Regional Jail for a New Position: - Approved
The Jail Superintendent is requesting approval to combine two vacant correctional officer
positions into one Major/Assistant Superintendent position. This request has been endorsed by the
Regional Jail Board due to the over population, the increased job responsibilities and the upcoming
jail expansion project. This position would be funded through a transfer of funds from line items
1002-31, $29,585 and 1002-63, $24,145 in the jail's budget. There would be no additional costs to
the localities. The Committee recommends approval of this request. (See Attachment "D")
5. Request from the Planninl: and Development Director for Reclassifications: -
Approved
The Committee reviewed a request from Planning Director Kris Tierney to reclassify
positions in the Planning Department. A supplemental appropriation in the amount of$7,800 ($6000
salary adjustments and $1800 fringes) will be needed to fund this request. The Committee
recommends approval of this request. (See Attachment "E")
JOINT FINANCE COMMITTEE
The Joint Finance Committee met on October 31, 2000, 2:00 PM in the First Floor
Conference Room, Frederick County Administration Building, 107 North Kent Street, Winchester,
Virginia. Present were Winchester City Representatives Council President Charles Gaynor,
Councilman John Schroth, Manager Edwin C. Daley, and Finance Director Janice Bourne; and
Frederick County Representatives Board of Supervisors' Chairman Richard e. Shickle, Supervisor
W. Harrington Smith, Jr., County Administrator John R. Riley, Jr., Finance Director Cheryl B.
Shiffler and Assistant County Administrator Lauren G. Carrier
***Items Requiring Action***
1. Tourism Proposal - Approval of Concept
The committee received input from City Manager Edwin Daley and County Administrator
John Riley on the proposal to create a tourism board that will oversee the tourism component of the
Economic Development Commission. (See Attachment 1.) It is anticipated that the new program
will take effect July I, 2001, pending the drafting and subsequent adoption of an agreement creating
the tourism board and the appointment of its seven members by the Board of Supervisors and City
Council. The committee recommended that this proposal be sent to the Board of Supervisors and
City Council for input and approval at their November meetings, to be followed by additional review
at the November 28, 2000 joint city/county meeting if necessary, prior to it being sent to city and
county attorneys for drafting of the agreement.
Following discussion it was agreed upon that the amendment would be 50 City/50 County,
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and that both localities would sign off on all budgets.
The above was approved in concept by the following recorded vote:
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
2. Joint Judicial Center - Approved
The committee received input from Edwin Daley concerning the request for carry-forward
funding requests related to JJC projects. (See Attachment 2.) After review, the committee
recommended the following: Carry-forward from the 1999-2000 budget a total of $49,100 for
carpeting, boiler maintenance, fire alarm testing, chiller maintenance, painting, cooling tower
maintenance, and landscaping; And a supplemental appropriation of$42,400 to cover an operational
shortfall due to budget cuts, bringing the overall request to $91,500. (Frederick County's obligation
would be 50%, or $45,750.)
Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the above
requests 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 RETIRED INTO CLOSED SESSION
Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the Board retired
into Closed Session in accordance with the Code of Virginia, 1950, as amended, Section 2.1-344,
Subsection A(l) & (7) to Discuss Personnel and Legal Matters.
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 made by Supcrvisor Smith, seconded by Supervisor Orndoff, the Board
withdrew from Closed Session.
The above motion was approved by the following recorded vote:
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
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Board of Supervisors Meeting of 11/08/00
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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 Supervisor Smith, seconded by Supervisor Orndoff, 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:
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 AUTHORIZES COUNTY ADMINISTRATOR TO FILL VACANT
ASSISTANT COUNTY ADMINISTRATOR POSITION
Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, County
Administrator Riley is hereby authorized to fill the vacant assistant county administrator position.
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
ERIC LAWRENCE IS RETURNING TO COUNTY TO RESUME
RESPONSIBILITIES OF ZONING ADMINISTRATOR
Upon motion made by Supervisor Douglas, seconded by Supervisor Orndoff, Eric Lawrence
was named to fill the vacant position of Zoning 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
COUNTY ADMINISTRATOR RILEY THANKS ASSISTANT ADMINISTRATOR
LAUREN CARRIER FOR HER SERVICE TO FREDERICK COUNTY DURING
HER TENURE WITH THE COUNTY AND WISHES HER WELL IN HER NEW
POSITION WITH SOUTH PORTLAND, MAINE
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The Board Members also conveyed their best wishes to Ms. Carrier.
UPON MOTION MADE BY SUPERVISOR SAGER, SECONDED BY SUPERVISOR
REYES, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD,
THIS MEETING IS HEREBY ADJOURNED. (TIME: 9:50 P.M.)
\LJLQ ~-fLU
Richard C. Shickle
Chairman, Board of Supervisors
JO~~-
Clerk, Board of Supervisors
.
Minutes Prepared By: A.~.o-L T ~ ~
Carol T. Bayliss
Deputy Clerk, Board of Supervisors
Minute Book Number 27
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