April 26, 2000 Regular Meeting
5:02
A Regular Meeting of the Frederick County Board of Supervisors was held on April 26,
2000, at 6:30 P.M., in the Board of Supervisors' Meeting Room, County Administration Building,
107 North Kent Street, Winchester, Virginia.
PRESENT
Chairman Richard C. Shickle; Vice Chairman Charles W. Orndoff, Sr.; W. Harrington Smith,
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 Reverend Jeff May of the Grace Evangelical Lutheran
Church.
ADOPTION OF AGENDA
County Administrator Riley requested the addition ofthe contract for the internal auditor be
reviewed and approved by the Board, and that Tri County O.I.C., listed as item number 4 under
County Officials, be heard after the Finance Committee Report.
Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, 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 two items for approval under the
consent agenda:
1. Scheduling of Board Meetings for the Summer Months - Tab C;
2. Request from ShawneeLand Sanitary District Manager to Schedule a Public Hearing to
Advertise Sanitary District Owned Property "For Sale" - Tab D.
Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, 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
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Board of Supervisors Meeting of 04/26/00
503
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
CITIZEN COMMENT
Greg Baruffi, with the Audubon Society, appeared before the Board with various concerns
about the county's current erosion and sedimentation control ordinance. He does not feel the
ordinance is properly enforced within the county, and urged the Board to see that laws mandated by
the State are enforced.
MINUTES
Upon motion made by Supervisor Orndoff, seconded by Supervisor Reyes, the minutes of
the Budget Worksession of April 4, 2000 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
Upon motion made by Supervisor Sager, seconded by Supervisor Orndoff, the minutes of
the Regular Meeting of April 12, 2000 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
RICHARD RUCKMAN APPOINTED TO SANITATION AUTHORITY FROM
STONEWALL DISTRICT
Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith, Richard Ruckman
was appointed to the Sanitation Authority from Stonewall District for a four year term. This term
will commence on April 26, 2000 and expire on April 26, 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
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Board of Supervisors Meeting of 04/26/00
5.8
, j -.'
JAMES T. ANDERSON REAPPOINTED TO SANITATION AUTHORITY FROM
SHAWNEE DISTRICT
Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, James T.
Anderson was reappointed to the Sanitation Authority from Shawnee District. This is a four year
appointment. The term will commence on May 22, 2000, and expire on May 22, 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
COUNTY REPRESENTATIVE SEAT ON LORD FAIRFAX COMMUNITY
COLLEGE BOARD TO BE ADVERTISED IN ORDER TO INFORM CITIZENS OF
VACANCY-APPROVED
In order for the citizens ofthe county to be aware ofthis vacancy, it will be advertised in the
local paper .
Upon motion made by Supervisor Smith, seconded by Supervisor Sager, this vacancy will
be advertised in order to determine how much interest there is in filling this vacancy.
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
LORD FAIRFAX EMERGENCY MEDICAL SERVICES COUNCIL (EMS) - TO BE
DISCUSSED WITH MEMBERS OF FIRE AND RESCUE
Following discussion by Board members, it was decided that Supervisor Reyes will discuss
this appointment with members of the Fire and Rescue Association at their next meeting.
COUNTY ADMINISTRATOR JOHN R. RILEY. JR.. REAPPOINTED TO OLD
DOMINION A.S.A.P. POLICY BOARD
Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, County
Administrator John R. Riley, Jr., was reappointed to the Old Dominion A.S.A.P. Policy Board. This
is a three year appointment. This term will commence on June 30, 2000 and expire on June 30,
2003.
The above motion was approved by the following recorded vote:
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505
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
SCHEDULING OF BOARD MEETINGS FOR THE SUMMER MONTHS -
APPROVED UNDER CONSENT AGENDA
The second board meetings for the months ofJune, July, August and September and the first
Board meeting for October are hereby canceled.
REQUEST FROM SHA WNEELAND SANITARY DISTRICT MANAGER TO
SCHEDULE A PUBLIC HEARING TO ADVERTISE SANITARY DISTRICT
OWNED PROPERTY "FOR SALE" - APPROVED UNDER CONSENT AGENDA
This is for Lot 38 Section 20.
RESOLUTION (#039-00) RE: COCA-COLA BOTTLING COMPANY
REAPPROPRIATION OF FUNDS IN THE AMOUNT OF $175.000 - APPROVED
County Administrator Riley presented this resolution to the Board.
Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the following
resolution was approved:
WHEREAS, the Memorandum of Understanding between Central Coca-Cola Bottling
Company, County of Frederick Virginia, Winchester-Frederick County Economic Development
Commission and Frederick County Industrial Development Authority authorized by resolution #039-
98 was never executed by Central Coca-Cola Bottling Company; and
WHEREAS, there has been no desire by Central Coca-Cola Bottling Company to execute
said Memorandum Of Understanding.
NOW THEREFORE BE IT FURTHER RESOLVED, that funds appropriated in the
amount of$175,000 be reappropriated for site development for H. P. Hood, Inc., and to assist in the
cost of installation of machinery and equipment for Southeastern Container.
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
RESOLUTION (#040-00) AND MEMORANDUM OF UNDERSTANDING RE:
SOUTHEASTERN CONTAINER. INC. - APPROVED
County Administrator Riley presented this resolution to the Board.
WHEREAS, Southeastern Container, Inc. has made known its intent to expand; and
WHEREAS, the company meets the policy guidelines of the Frederick County Economic
Development Incentives Fund as established by the Winchester-Frederick County Economic
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506
Development Commission in 1995;
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Board of Supervisors for
the County of Frederick, Virginia does hereby approve the payment of $100,000 to be designated
to the Frederick County Industrial Development Authority from the Frederick County Economic
Development Incentive Fund to assist Southeastern Container, Inc. to implement an equipment
expansIOn.
BE IT FURTHER RESOLVED, that said funds are subject to an executed Memorandum
of Understanding outlining a performance criteria of the county.
BE IT FURTHER RESOLVED, that the Board of Supervisors for the County of Frederick,
Virginia, does hereby authorize the county administrator to execute this document on its behalf.
ADOPTED, this 26th day of April, 2000.
Upon motion made by Supervisor Smith, seconded by Supervisor Sager, 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
PROPOSAL AND CONTRACT FOR INTERNAL CONTROL AUDIT FOR
COUNTY APPROVED
County Administrator Riley presented the proposal and contract from Brown, Edwards and
Company, L.L.P., CPA Firm of Roanoke, Virginia. This firm has been recommended to conduct the
internal control audit for Frederick County. This recommendation was made following the
interviews of three firms.
Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the proposal and
contract for the internal control audit for the county 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
FINANCE COMMITTEE REPORT
The Finance Committee met in the First Floor Conference Room at 107 North Kent Street
on April 19, 2000 at 8:00 a.m. The Finance Committee recommended an approved consent
agenda on items 1, 2,3,4,5,7,8,9,10 and 11. Committee members Ronald E. Hottle and James
Allmendinger were absent.
The agenda items are as follows:
1. The County Administrator requests a General Fund sUDDlemental appropriation in the
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507
amount of$3.281. This amount represents an insurance reimbursement for hail damage to three pool
vehicles and is requested to be placed in 1101-3004-000-002 Repair and Maintenance - Vehicle. No
additional local funds are needed. See attached memo, p. 1-3. The committee recommends
approval. Approved Under Consent Agenda
2. The Sheriff requests a General Fund supplemental appropriation in the amount of
$3.887.29. This amount represents insurance reimbursements and is requested to be placed in 3102-
3004-000-002 Repair and Maintenance - Vehicle. No additional local funds are needed. See
attached memos, p. 4-8. The committee recommends approval. Approved Under Consent Agenda
3. The Sheriff requests a General Fund supplemental appropriation in the amount of
$12.596.53. This amount represents funds received by the Sheriffs Office for forfeited property and
the drug program. No additional local funds are needed. See attached memos, p. 9-16. The
committee recommends approval. Approved Under Consent Agenda
4. The Sheriff requests a General Fund supplemental appropriation in the amount of$500.
This amount represents a donation to the D.A.R.E. program and is requested to be placed in 3102-
5413-000-001 Drug Program. No additional local funds are needed. See attached memo, p. 17. The
committee recommends approval. Approved Under Consent Agenda
5. The Fire and Rescue Director requests a General Fund supplemental appropriation in the
amount of $2.054.10. This amount represents a hazardous materials reimbursement to Fire and
Rescue and is requested to be placed in the appropriate line items. No additional local funds are
needed. See attached memo, p. 18-22. The committee recommends approval. Approved Under
Consent Agenda
6. The Director of Public Works requests a General Fund supplemental appropriation in the
amount of $20.000. This amount is needed to purchase a new mobile home at the Sheriffs
Department impound lot. Additional local funds are necessary. See attached memo, p. 23-26. The
committee recommends approval. Approved
Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the above request
was approved by the following recorded vote:
Richard C. Shickle - Aye
Charles W. Orndoff, Sf. - Aye
W. Harrington Smith, Jf. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
7. The Director of Public Works requests a General Fund supplemental appropriation in the
amount of$ L 1 00. This amount represents an insurance reimbursement for fence repair at a citizens'
convenience site. No additional local funds are needed. See attached memo, p. 27-28. The
committee recommends approval. Approved Under Consent Agenda
8. The Director of Public Works requests a General Fund supplemental appropriation in the
amount of$250. This amount represents a donation to underwrite cash awards for the Earth Day
Poster Competition. No additional local funds are needed. See attached memo, p. 29. The
committee recommends approval. Approved Under Consent Agenda
9. The Director of Social Services requests a General Fund supplemental appropriation in
the amount of$803.07. This amount represents an insurance reimbursement and is requested to be
placed in 5307-5408-000-000 Vehicle and Powered Equipment Supplies. No additional local funds
are needed. See attached memo, p. 30-31. The committee recommends approval. Approved Under
Consent Agenda
10. The Director of Social Services requests a reduction in state funding in a net amount of
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508
$17.445. This amount has no affect on local funding. See attached memo, p. 32. The committee
recommends approval. Approved Under Consent Agenda
11. The Director of Court Services requests a Court Services Fund supplemental appropriation
in the amount of 422.50. This amount represents an insurance reimbursement and is requested to
be appropriated to 2109-3004-000-002 Repair and Maintenance - Vehicle. No additional local funds
are needed. See attached memo, p. 33-35. The committee recommends Approval. Approved Under
Consent Agenda
12. The Director of Court Services requests Court Services Fund budget transfers in the
amount of $1.500. It is requested that this amount be transferred from personnel line items to the
ADP Equipment, Travel and Office Supplies line items. No additional local funds are needed. See
attached memo, p. 36-37. 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
13. The Finance Director requests a General Fund supplemental appropriation in the amount
of$16.3l2.56. This amount represents previous years' airport billings to be paid from the county's
airport contribution line item. Additional local funds are necessary. See attached memo, p. 38-42.
The committee recommends approval. Approved
Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the above request
was approved by the following recorded vote:
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
14. The Regional Jail requests Regional Jail Fund budget transfers in the amount of$84.000.
This amount is needed to cover ongoing expenses and is requested to be transferred into various line
items. No additional local funds are needed. See attached memo, p. 43-44. 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, Sf. - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
15. Attached is the Memorandum Of Understanding for joint agreements requested at
February's meeting. See attached, p. 45-52.
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509
** For Information Only **
Monthly financial statements for the month ending March 31,2000 are included. See attached
memo, p. 53-63.
KENNETH Y. STILES AND EILEEN BAKER REPRESENTING OPPORTUNITIES
INDUSTRIALIZATION CENTER (O.I.e) ADDRESSED BOARD RE: O.I.C.
PROGRAM AND THE WORKFORCE INVESTMENT ACT (WIA)
Board Member Kenneth Y. Stiles and Director Eileen Baker appeared before the Board on
behalf ofO.r.C.
Mr. Stiles advised the Board that O.r.C. works, compared to some agencies. He further
advised that 236 citizens have been served for the last 3 years from all the participating jurisdictions.
23% of these citizens are from Frederick County. He advised that the average salary is $324 per
week, and the program has definitely been a help in getting area residents off ofthe welfare rolls.
He further explained that O.I.c. has known for some time that something was going to happen with
the program, but not what or when it was going to take place. He further explained that O.r.c. is not
opposed to change, but are very concerned about what happens to O.I.c. during the transition in
addition to how do they survive. The employees are looking at July 1,2000 with no funding based
on what has transpired up to this point.
Mr. Stiles asked the Board for a commitment or at least be willing to endorse O.r.C., with
no dollar funding amount at this time. He explained that O.I.C. members and Ms. Baker will be
discussing this dilemma with other participating localities within the next month. Once these
meetings have been held, OJ.C. will be in a better position to know how much additional
commitment is out there for their program. At that time a dollar figure can be discussed.
Eileen Baker, Director ofO.T.C., appeared before the Board and explained that little time has
been given to make decisions. She understands that there will only be $220,000 coming from
Richmond to this area, and that is not a great deal of money.
Mr. Stiles advised the Board that he was thinking in terms of$50,000 as the amount coming
from Frederick County once the other localities have been contacted.
Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the County of
Frederick agrees to commit to OJ.c., and will participate in funding once the other localities have
been contacted, and it is determined what their level of funding commitment will be.
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
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Board of Supervisors Meeting of 04/26/00
510
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
PLANNING COMMISSION BUSINESS
PUBLIC HEARINGS:
PUBLIC HEARING - CONDITIONAL USE PERMIT #02-00 SUBMITTED BY T.
PHILLIP WILFONG TO OPERATE A RESTORATION CONSULTANT BUSINESS.
THIS PROPERTY IS LOCATED AT 514 REDLAND ROAD AND IS IDENTIFIED
WITH PROPERTY IDENTIFICATION NUMBER 18-A-18A IN THE GAINESBORO
MAGISTERIAL DISTRICT - APPROVED
Planner 1 Mark Cheran presented this request to the Board advising that the planning
commission and staff recommended approval with conditions.
There was no public input.
Upon motion made by Supervisor Reyes, seconded by Supervisor Smith, CUP #02-00 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 - CONDITIONAL USE PERMIT #04-00 SUBMITTED BY
CRYSTAL AND ROBERT REPINE TO OPERATE AN ADULT CARE RESIDENCE
(FOR SIX RESIDENTS) IN THEIR HOME. THIS PROPERTY IS LOCATED AT
200 RIVERDALE CIRCLE AND IS IDENTIFIED WITH PROPERTY
IDENTIFICATION NUMBER 56-4-2-8 IN THE STONEWALL MAGISTERIAL
DISTRICT - APPROVED
Planner I Mark Cheran presented this information to the Board advising that the planning
commission and staff recommended approval.
There was no public input.
Upon motion made by Supervisor Orndoff, 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
PUBLIC HEARING - CONDITIONAL USE PERMIT #06-00 SUBMITTED BY
LAWRENCE W. WALLACE, III TO HAVE A COTTAGE OCCUPATION FOR
GUN SMITHING. THIS PROPERTY IS LOCATED AT 1421 ADAMS ROAD AND
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Board of Supervisors Meeting of 04/26/00
511
IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 12-5-21 IN THE
GAINESBORO MAGISTERIAL DISTRICT - APPROVED
Planner I Mark Cheran presented this request to the Board advising that the planning
commission and staff recommended approval with conditions.
There was no public input.
Upon motion made by Supervisor Reyes, seconded by Supervisor Sager, CUP #06-00 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 #01-00 OF POWELL'S PLUMBING,
SUBMITTED BY GREENWAY ENGINEERING, TO REZONE 3.01 ACRES FROM
B2 (BUSINESS GENERAL) TO B3 (INDUSTRIAL TRANSITION). THIS
PROPERTY IS LOCATED ON WINDY HILL LANE (ROUTE 1370), WEST OF
FRONT ROYAL PIKE (ROUTE 522) AND IS IDENTIFIED BY PROPERTY
IDENTIFICATION NUMBER 64-A-4G IN THE SHAWNEE MAGISTERIAL
DISTRICT - APPROVED
Assistant Planning Director Evan Wyatt presented this request to the Board advising that the
planning commission and staff recommended approval.
There was no public input.
Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, Rezoning #01-00
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 - REZONING #02-00 OF ADAMS FAMILY LIMITED
PARTNERSHIP. SUBMITTED BY APINTER-LEWIS, P.L.C. TO REZONE 35.396
ACRES FROM M1 (LIGHT INDUSTRIAL) TO RP (RESIDENTIAL
PERFORMANCE)' THIS PROPERTY IS PART OF THE AIRPORT BUSINESS
CENTER. SECTION II, IS ACCESSIBLE FROM BENTL Y AVENUE VIA FRONT
ROYAL PIKE (ROUTE 522) AND IS IDENTIFIED BY PROPERTY
IDENTIFICATION NUMBER 64-A-40 IN THE SHAWNEE MAGISTERIAL
DISTRICT - APPROVED
Assistant Planning Director Evan Wyatt presented this request to the Board advising that the
planning commission and staff recommended approval.
John Lewis, of Painter-Lewis, appeared before the Board to answer questions from Board
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Board of Supervisors Meeting of 04/26/00
512
members dealing with the proximity ofthe houses to Kohl's warehouse and whether or not some of
the trees would be removed. He explained to the Board that he felt this is the best use of this
property.
Wayne Nicholson, resident of Shawnee District, appeared before the Board to oppose this
request. He feels there is too much building going on in the county and that it needs to slow down.
Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, Rezoning #02-00
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
OTHER PLANNING ITEMS
REOUEST FROM THE SUBDIVISION ORDINANCE REOUIREMENT - THOMAS
P. MARTIN PROPERTY - APPROVED
Zoning Administrator Mike Ruddy presented this request to the Board advising that the
plming commission recommended denial of this request as they felt Mr. Martin had not
demonstrated an effort to secure the additional needed right-of-way. The property owned by Mr.
Martin is a 21.7 acre parcel in Gainesboro Magisterial District. The existing right-of-way, Valley
View Drive, travels over property owned by others and ultimately connects to Upland Road and Old
Bethel Church Road, Route 608. He further explained that staff did not feel this request has
demonstrated that an unusual situation exists and adherence to the regulations would result in
substantial injustice or hardship.
Supervisor Smith suggested that perhaps this request should be tabled at this time rather than
be denied.
Mr. Elliott Ritchie, Jr., appeared before the Board to further explain the ownership of the
various lots, and advise the Board of what contacts had been made up to this point.
Supervisor Smith stated that he feels the applicant has done all he can do.
ROlU1ie Ward, local realtor, appeared before the Board stating that in his view, the 50 foot
right-of-way ordinance is what needs to be looked into.
Upon motion made by Supervisor Reyes, seconded by Supervisor Smith, the request from
the Subdivision Ordinance Requirement of Thoms P. Martin is hereby approved by the following
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Board of Supervisors Meeting of 04/26/00
513
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
EASTGATE COMMERCE CENTER WOODLAND DISTURBANCE WAIVER -
APPROVED
Supervisor Sager abstained from discussion and vote on this matter due to a possible conflict.
Assistant Planning Director Evan Wyatt presented this request to the Board advising that the
planning commission recommended approval of this request. He explained that Eastgate Properties
is requesting a woodland disturbance waiver as permitted under Section 165-31B(7) ofthe Frederick
County Zoning Ordinance. Currently, the Zoning Ordinance allows for the disturbance of25% of
the total woodland area on a specific parcel or within the total acreage of a master planned area. He
further explained that Eastgate Properties is requesting a waiver to allow for the disturbance of up
to 55% or 21 acres.
Chuck Maddox, of G. W. Clifford Associates, appeared before the Board on behalf of this
request.
Supervisor Reyes expressed concern about the loss oftrees as he would like to see as many
as possible saved.
Mr. Maddox advised Supervisor Reyes that every attempt will be made to save as many trees
as possible.
Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the request of
Eastgate Commerce Center for a Woodland Disturbance Waiver was approved by the following
recorded vote:
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Abstained
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
BOARD OF SUPERVISORS COMMENTS
No additional comments at this time.
UPON MOTION MADE BY SUPERVISOR ORNDOFF, SECONDED BY
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Board of Supervisors Meeting of 04/26/00
514
SUPERVISOR SMITH, THERE BEING NO FURTHER BUSINESS TO COME BEFORE
THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME: 8:48 P.M.)
~~
Richard C. Shickle
Chairman, Board of Supervisors
WI~~ ~
Joh Riley, Jr.
Clerk, Board of Supervisors
Minutes Prepared By: lJ...~ -,-;-- ~ ~
Carol T. Bayliss
Deputy Clerk, Board of Supervisors
Minute Book Number 26
Board of Supervisors Meeting of 04/26/00