May 10, 2000 Regular Meeting
'515
A Regular Meeting of the Frederick County Board of Supervisors was held on May 10,
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 Reverend Blane Medley with Mt. Carmel Baptist Church.
SALUTE TO THE AMERICAN FLAG
Upon motion made by Supervisor Orndoff, seconded by Supervisor Douglas, a salute to the
American Flag will now be held at the beginning of each Board meeting.
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
ADOPTION OF AGENDA
County Administrator Riley stated that he had nothing to add.
Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the agenda was
adopted 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
CONSENT AGENDA
County Administrator Riley suggested the following tabs for the Consent Agenda:
1. Resolution Re: Virginia Juvenile Community Crime Control Act (VJCCCA) - Tab C;
2. Road Abandonment - School Access Route 9158 at Old Gore School- Tab M;
3. Road Resolutions for Carlisle Heights, Section III and IV; Fairlane Orchard, Section II;
Costell0 Drive - Tab N;
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516
4. Emergency Communications Commission Report - Tab O.
Upon motion made Supervisor Sager, seconded by Supervisor Reyes, the consent agenda was
approved by the following recorded vote:
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
CITIZEN COMMENT
Merwin Brisco, resident of Village of Sherando, appeared before the Board to express his
concerns about the bike path that is currently under construction in the front of his home. He feels
the proximity of the bike path, in relation to the homes of the six residents living there, is entirely
too close and asked the Board to please check into this before allowing construction to continue.
COUNTY OFFICIALS
RESOLUTION (048-00) IN HONOR OF MICHAEL A. RICHARDSON - APPROVED
County Administrator Riley presented the following resolution to Deputy Michael A.
Richardson, who was present.
WHEREAS, Michael Richardson is a deputy in the Frederick County Sheriff s Department;
and
WHEREAS, on April 18, 2000, Deputy Richardson was on routine patrol; and
WHEREAS, Deputy Richardson responded to a request for assistance involving a traffic
accident in the Kernstown area of Frederick County; and
WHEREAS, upon arrival at the scene, Deputy Richardson determined that two occupants
in said vehicle were in great peril; and
WHEREAS, without regard for his own safety, he physically removed both occupants from
harms way.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors for the County
of Frederick, Virginia, wishes to publicly acknowledge Deputy Richardson's heroic act.
BE IT FURTHER RESOLVED, that Deputy Richardson's selfless actions are a credit to
the Frederick County Sheriffs Department, the County of Frederick, and the public safety
community at large.
BE IT FINALLY RESOLVED, the Frederick County Board of Supervisors wishes to
express their gratitude to Deputy Richardson for ajob well done.
RESOLVED, this 10th day of May 2000.
The above resolution was approved 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
RICHARD CRANE REAPPOINTED TO THE FREDERICK COUNTY SOCIAL
SERVICES BOARD
Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith, Richard Crane
was reappointed to the Frederick County Social Services Board from Stonewall District. This is a
four year term. The term will begin on July 1, 2000 and expire on June 30, 2004.
The above appointment 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
DAVID C. REICHERT REAPPOINTED TO WINCHESTER REGIONAL AIRPORT
AUTHORITY AS COUNTY REPRESENTATIVE
Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, David C. Reichert
was reappointed to the Winchester Regional Airport as the county representative. This is a four year
term. This tenn will commence on July 1,2000 and expire on June 30, 2004.
The above motion was approved by the following recorded vote:
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
DISCUSSION RE: CHANGING OF TIME FOR BOARD MEETINGS - DENIED
County Administrator Riley discussed with the Board their feelings on amending the current
starting time for Board meetings. There were reasons given for starting earlier than the established
7: 15 P.M. and like reasons for leaving it as it currently is.
Upon motion made by Supervisor Smith, seconded by Supervisor Sager, to move the start
of the Regular Board Meetings from the current 7:15 P.M. to 6:15 P.M.
This motion was denied by the following recorded vote:
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Nay
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W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Nay
Sidney A. Reyes - Nay
RESOLUTION (041-00) RE: VIRGINIA JUVENILE COMMUNITY CRIME
CONTROL ACT (VJCCCA) - APPROVED UNDER CONSENT AGENDA
WHEREAS, the Virginia General Assembly enacted the Virginia Juvenile Community
Crime Control Act with an effective date ofJanuary 1, 1996; and
WHEREAS, it is a requirement ofthis Act that local plans be developed that provide for the
delivery of services to juveniles who come before the court as children in need of services, children
in need of supervision, and delinquent children, and that those plans be endorsed by a resolution of
the governing body; and
WHEREAS, it is the desire of the County of Frederick, the City of Winchester, and the
County of Clarke to act as a combined region in the provision of services to said juveniles; and that
Frederick County will serve as fiscal agent;
NOW, THEREFORE BE IT RESOLVED, that the local plan for the County of Frederick,
the City of Winchester, and the County of Clarke, Virginia, as required by the Virginia Juvenile
Community Crime Control Act be approved and endorsed on the dates herein mentioned.
RESOLUTION (#042-00) IN SUPPORT OF THE DEVELOPMENT OF A
NORTH/SOUTH REGIONAL MASS TRANSIT SYSTEM - APPROVED
EDC Existing Business Coordinator Gary Edwards presented this request to the Board. He
advised that the letter enclosed in the agenda from the Department of Rail and Public Transportation
along with a related resolution, explains this request. He further explained that the funds have been
requested for the purpose of completing a feasibility study which will direct the development of a
regional mass transit system. He further explained that Mr. Charles Badger of the Department of
Rail and Transportation, advised that the WinchesterIFrederick region will be given up to $45,000
in Technical Assistance Funds condition upon a $5,000 match.
Upon motion made by Supervisor Sager, seconded by Supervisor Douglas, the following
resolution was approved:
WHEREAS, the County of Frederick and the City of Winchester seek to develop a regional
mass transit system running north and south; and
WHEREAS, the County of Frederick and the City of Winchester desire to obtain a mass
transit feasibility study to direct the development of a regional mass transit system; and
WHEREAS, the Virginia Department of Rail and Public Transportation has provided
technical assistance funds up to $45,000 to support this feasibility study;
NOW, THEREFORE BE IT RESOLVED, that the County of Frederick and the City of
Winchester each herein commit to funding of$2,500 in matching funds; and
NOW, THEREFORE BE IT FURTHER RESOLVED that thc County of Frederick and
the City of Winchester herein agree to utilize up to $45,000 technical assistance funds plus $5,000
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matching funds to provide the feasibility study in support of the development of a North/South
Regional Mass Transit System.
The above motion was approved by the following recorded vote:
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
RESOLUTION (#043-00) AND MEMORANDUM OF UNDERSTANDING RE:
FISHER SCIENTIFIC - APPROVED
County Administrator Riley presented this request to the Board.
WHEREAS, Fisher Scientific Company, LLC, has made known its intent to locate in
Frederick County, Virginia; and
WHEREAS, the company meets the policy guidelines of the Frederick County Economic
Development Incentives Fund as established by the Winchester-Frederick County Economic
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 $250,000 to be designated
to the Frederick County Industrial Development Authority from the Frederick County Economic
Development Incentive Fund to assist in equipment purchase and/or relocation to Frederick County
by Fisher Scientific Company, LLC..
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 10th day of May, 2000.
This MEMORANDUM OF UNDERSTANDING, dated May 10, 2000 evidences the
agreement among FREDERICK COUNTY, VIRGINIA, a political subdivision of the
Commonwealth of Virginia (the "County"), the WINCHESTER-FREDERICK COUNTY
ECONOMIC DEVELOPMENT COMMISSION, ajoint commission ofthe City of Winchester and
Frederick County, Virginia (the "Commission"), the INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE COUNTY OF FREDERICK, VIRGINIA, a political subdivision of the
Commonwealth of Virginia (the IDA); and Fisher Scientific Company, LLC, Global Laboratory
Products (the "Company") regarding a new location in Virginia for the Company's reagent
development and production operations.
Inducement to Locate. To induce the Company to locate this facility in Frederick County,
the County agrees to the following:
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a.) To make a cash grant in the amount of Two Hundred Fifty Thousand Dollars ($250,000)
to the IDA and that the IDA, in turn, shall make a cash grant to Fisher Scientific
Company LLC in an identical amount no later than September 1, 2000. The grant shall
be used to assist in the cost of new equipment purchases and/or equipment relocation to
Frederick County.
b.) To apply to the Governor's Opportunity Fund for an equal amount ($250,000) to assist
with site acquisition.
The Winchester-Frederick County Economic Commission agrees to:
a.) Pursue, through the Frederick County Board of Supervisors, the creation of a Pharmacy
Technology Zone which provides specific lawful tax and other benefits to the Company
should it meet the Zone qualifications and to incorporate the Bayer facility and property
to be purchased by Fisher Scientific within the Pharmacy Technology Zone.
b.) Pursue, if applicable, the use of Industrial Access Road Funds up to the amount of
$300,000 for the purpose of creating a second entrance to the Bayer facility property in
order to separate truck and passenger car traffic.
c.) Pursue, if applicable, the use of Community Development Block Grant funds up to the
amount of$700,000 for the purpose of creating shared parking facilities, publicly held,
for the use of Fisher Scientific employees and visitors to the Cedar Creek Battlefield.
Companv Commitments.
a.) The Company commits to the following initial investment scenario (in millions) over the
next 30 months from date of purchase. In addition, the offering purchase price for
existing operations was estimated at $24 million.
Renovation of the facility and process re-engineering $2.5
New equipment $1.0
Equipment to be relocated from other facilities $1.5
Roof replacement $0.75
R&D investment during the first 30 months
after purchase
$6.5
Total
12.25
b.) There is the additional potential of increasing the investment to $30-35 million over the
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next 48 months.
c.) To retain the 200 positions currently at the facility and to add 50 more positions during
the ramp-up period of 30 months. The average wage rate as estimated by the Company
is $20 per hour.
Cooperation. The County agrees to fast track any permits required to renovate the facility so
that the appropriate permits, if prepared correctly by the Company, can be issued in time for
renovation and occupancy requirements. Nothing in this paragraph shall be interpreted to require
the County to issue any permits unless and until all conditions for such permits have been met.
Binding. This Memorandum of Understanding shall be binding upon and inure to the benefit
of the parties and their respective successors upon the date of acceptance. In the event the Company
fails for any reason to achieve 90 percent ofthe investment and employment goals within 30 months
after the purchase ofthe facility noted above and to maintain the level of investment and jobs created
for a period not to exceed two years thereafter, then the Company will repay to both the County and
the Governor's Opportunity Fund a proportional amount of the respective contributions to the
project.
COUNTY OF FREDERICK, VIRGINIA
BY:
TITLE:
DATE:
THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF FREDERICK
COUNTY, VIRGINIA
BY:
TITLE:
DATE:
WINCHESTER-FREDERICK COUNTY ECONOMIC DEVELOPMENT COMMISSION
BY:
TITLE:
DATE:
FISHER SCIENTIFIC COMPANY, LLC
BY:
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522
TITLE:
DATE:
Upon motion made by Supervisor Sager, seconded by Supervisor Orndoff, the above
resolution and Memorandum of Understanding 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
RESOLUTION (#044-00) OF SUPPORT RE: INDUSTRIAL ACCESS ROAD FOR
EAST GATE INDUSTRIAL PARK-APPROVED
Supervisor Sager stated that he would not participate in any discussion or vote ofthis request
due to a possible conflict ofInterest.
County Administrator Riley presented this request to the Board.
Upon motion made by Supervisor Smith, seconded by Supervisor Reyes the following
resolution was approved:
WHEREAS, Wright's Run L.P. has acquired property known as the Eastgate Industrial
Park, located in the County of Frederick, for the purpose ofindustrial development; and
WHEREAS, this property is expected to be the site of new private capital investment in
land, building, and manufacturing equipment which will provide employment and increased
investment; and
WHEREAS, the subject property has no access to a public street or highway and will require
construction of a new roadway to connect with Rainville Road (not presently in state highway
system) and then to Tasker Road (State Route 642); and
WHEREAS, the County of Frederick hereby guarantees that the necessary right-of-way for
this new roadway and utility relocations or adjustments, if necessary, will be provided at no cost to
the Virginia Department of Transportation;
NOW, THEREFORE, BE IT RESOLVED, the Board of Supervisors for the County of
Frederick, Virginia does hereby request that the Commonwealth Transportation Board provide
Industrial Access Road funding to provide an adequate road to this property; and
BE IT FURTHER RESOLVED, that the Board of Supervisors hereby agrees to provide
a surety or other bond, acceptable to and payable to the Virginia Department of Transportation, in
the full amount of the cost of the road; this surety shall be exercised by the Department of
Transportation in the event that sufficient qualifying capital investment does not occur on parcel 87 -
5-17 or the remaining undeveloped lots between parcel 87-5-17 and existing Rainville Road in the
Eastgate Industrial Park within five years of the Commonwealth Transportation Board's allocation
offunds pursuant to this request; and
BE IT FURTHER RESOLVED, that this Resolution of Support is contingent upon
Wright's Run L.P. to provide to the County of Frederick satisfactory surety in sufficient amount to
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cover the construction of the roadway, dedication of required right-of-way for the road's
construction; and the movement of any utilities required to construct the road; and
BE IT FURTHER RESOLVED, that the Frederick County Board of Supervisors hereby
agrees that the new roadway so constructed will be added to, and become part of, the road system
of the County of Frederick Secondary System of Highways.
PASSED this 10th day of May, 2000.
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 - Abstained
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
RESOLUTION (#045-00) RE: PHARMACY TECHNOLOGY ZONE - POSTPONED
EDC Director June Wilmot presented this resolution to the Board.
Board members and County Administrator Riley had some questions concerning this
resolution, and following discussion with Director Wilmot, felt it would be better to postpone action
on this resolution until additional information was available.
Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the Pharmacy
Technology Zone Resolution was postponed awaiting additional information.
RESOLUTION (#046-00) AMENDING THE MEMORANDUM OF
UNDERSTANDING FOR JOINT AGREEMENTS BETWEEN THE CITY OF
WINCHESTER AND THE COUNTY OF FREDERICK. VIRGINIA - APPROVED
County Administrator Riley presented this resolution to the Board.
Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the following
resolution was approved:
In accordance with the resolution duly adopted by Winchester City Common Council and
the Frederick County Board of Supervisors on , 2000, and
, 2000, respectively, request that Section II, General Concepts, subsection
(2) read as follows:
2. Funding will be determined by usage when available. Usage will be determined by the
prior calendar year data for estimates and revised to the prior fiscal year when data is
available. When usage is not available, funding shall be based on population, using the
most recent data available from the Cooper Center for Public Service, University of
Virginia. The provisional data released in January of each year for the prior year shall
be used to calculate all budget allocations and amounts owed for the following fiscal
year. In example, the provisional data released in January 2000 for 1999 shall be used
for all fiscal year 2000-2001 calculations.
The above resolution was approved by the following recorded vote:
Richard C. Shickle - Aye
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Charles W. Orndoff, Sf. - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
COMMISSIONER OF THE REVENUE ADDRESSED BOARD RE: REVENUES
FOR 1999 AND 2000
Commissioner of the Revenue Ellen Murphy appeared before the Board to follow up on the
information provided in the agenda on her office revenues for 1999 and 2000.
ASSISTANT COUNTY ADMINISTRATOR LAUREN CARRIER PRESENTED
WORKFORCE INVESTMENT ACT(WIA) INFORMATION TO THE BOARD
Assistant County Administrator Lauren Carrier presented this information to the Board.
County Administrator Riley asked if the funding would be less or more.
Ms. Carrier replied considerably less, but at this time it is not known how much money will
be received.
Supervisor Smith advised that it is his understanding that this new plan will put O.I.C. in
jeopardy.
Ms. Carrier advised that O.I.C. has until July 1.
Supervisor Reyes asked who would have control of the vouchers.
Ms. Carrier replied that would be left up to the various Boards.
Supervisor Sager inquired about how this program would affect the Welfare To Work
Program that is handled through the Social Services Department.
Supervisor Orndoff asked if the funds the county receives will be based on the
unemployment figures for this area.
Ms. Carrier replied yes.
Chairman Shickle advised that he has some concerns about this program. He feels the
funding for this program, is questionable. He does not like the idea of 40-50 business men spending
this amount of time for what appears to be funding in the amount of $220,000 to be shared by four
counties.
Supervisor Sager endorsed what Chairman Shick1e had to say.
Chairman Shickle directed that a letter be sent to the State in order to determine what is
happening with this program.
The consensus of the other Board members was that this be done as soon as possible.
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525
PUBLIC HEARING
PUBLIC HEARING - PROPOSED ORDINANCE - SALARIES OF THE BOARD OF
SUPERVISORS - NOTICE IS HEREBY GIVEN OF THE INTENTION TO
PROPOSE FOR PASSAGE AN ORDINANCE ENTITLED "SALARIES OF THE
BOARD OF SUPERVISORS". TO FIX THE ANNUAL SALARY FOR THE
CHAIRMAN OF THE BOARD OF SUPERVISORS AT $8.000.00 AND THE
ANNUAL SALARY FOR EACH OTHER MEMBER OF THE BOARD OF
SUPERVISORS AT $7.000.00 - APPROVED TO REMAIN AT THE CURRENT
AMOUNT
County Administrator Riley presented this ordinance to the Board advising that this is
ordinance is presented to the Board annually.
Supervisor Sager advised that he felt some type of matrix needs to be part of this in
determining these amounts. He feels this ordinance needs to be reexamined before another year.
There was no public input.
Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the salaries of
this Board will remain as they currently are.
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
PLANNING COMMISSION BUSINESS:
PUBLIC HEARINGS:
PUBLIC HEARING - PROPOSED AMENDMENTS TO THE FREDERICK
COUNTY CODE. CHAPTER 165. ZONING. ARTICLE IV. SUPPLEMENTAL USE
REGULATIONS. AND ARTICLE. BUSINESS AND INDUSTRIAL DISTRICT.
SECTION 165-82.B. B-2 (BUSINESS GENERAL) DISTRICT. THE PROPOSED
AMENDMENT ALLOWS ADVERTISING SPECIALITIES - WHOLESALE USES
(SIC #5199) IN THE B2 (BUSINESS GENERAL) ZONING DISTRICT. AND
ESTABLISHES PERFORMANCE STANDARDS APPLICABLE TO SAME -
APPROVED
Planner II Amy Lohr, appeared before the Board to present this request. She advised that a
request has been submitted by Mr. Ralph Beeman of Greenway Engineering, on behalf of TJC
Enterprises(Signet Screen Services and Embroidery) to amend the Zoning Ordinance to permit
Advertising Specialities - Wholesale (SIC #5199) uses in the B2 (Business General) Zoning District.
There was no public input.
Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the following
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ordinance amendment was approved:
WHEREAS, An ordinance to amend the Frederick Connty Code, Chapter 165, Zoning,
Section 65-82.B.(1 ), B2 (Business General) District, Allowed Uses, to include Advertising
Specialties - Wholesale (SIC #5199) as a permitted use, was referred to the Planning Commission
on April 5, 2000; and
WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on
April 19, 2000; 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
that Chapter 165, Zoning, Section165-82.B.(1), B2 (Business General) District, Allowed Uses, of
the Frederick County Code, be amended to include Advertising Specialties - Wholesale (SIC #5199)
as a permitted use, as described on the attachment.
This ordinance shall be in effect on the date of adoption.
Passed this 10h day of May, 2000
Article IV
Supplementary Use Regulations
S165-48,9, Advertising Specialties - Wholesale.
Advertising Specialties - Wholesale businesses located in the B2 Business General
Zoning District shall be subject to the following requirements:
A, Establishments primarily engaged in such businesses shall not exceed
10,000 square feet of total floor area,
B, Only 25% of the total floor area within a shopping center shall contain such
businesses.
C. Such businesses shall not have outdoor storage.
Article X
Business and Industrial Uses
S 165-82 District use regulations.
B. B2 Business General District
1. Allowed uses shall be as follows:
Allowed Uses
Standard
Industrial
Classification
(SIC)
Advertising Specialties- Wholesale
5199
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
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Sidney A. Reyes - Aye
OTHER PLANNING ITEMS:
RESOLUTION ( #047-00) ROAD ABANDONMENT - SCHOOL ACCESS ROUTE
9158 AT OLD GORE SCHOOL - APPROVED UNDER CONSENT AGENDA
It is staff s opinion that this road is no longer necessary for public use and should, therefore,
be abandoned by the County. This opinion is based upon knowledge of the road and the fact that,
upon notification, no landowner affected by the proposed abandonment has filed a petition for a
public hearing on this request.
WHEREAS, it appears to this Board that Secondary Route 9158 (Old Gore School access)
from Route 704, around Old Gore School to Route 704, a distance of 0.06 mile, serves no public
necessity and is no longer necessary as a part ofthe Secondary System of State Highways.
WHEREAS, public notice was posted as prescribed under section 33.1-151, Code of
Virginia, announcing the intent to abandon altogether the section of road described above from the
Secondary System of State Highways; and
WHEREAS, no landowner whose property abuts on Secondary Route 9158 (Old Gore
School Access) filed a request for a public hearing on the proposed abandonment; and
WHEREAS, after considering all evidence available, this Board is satisfied that no public
hearing necessity exists for the continuance of the section of Secondary Route 9158 (Old Gore
School access) from Route 704, around Old Gore School to Route 704, a distance of 0.06 mile, and
hereby deems that section of road is no longer necessary as a part ofthe Secondary System of State
Highways.
NOW, THEREFORE, BE IT RESOLVED, the board abandons the above-described
section of road and removes it from the Secondary System of State Highways, pursuant to Section
33.1-151, Code of Virginia.
BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the
Resident Engineer for the Virginia Department of Transportation.
ROAD RESOLUTIONS: CARLISLE HEIGHTS. SECTION III AND IV. F AIRLANE
ORCHARD. SECTION II AND COSTELLO DRIVE - APPROVED UNDER
CONSENT AGENDA
COMMITTEE REPORTS:
EMERGENCY COMMUNICATIONS COMMISSION - APPROVED UNDER
CONSENT AGENDA
The Frederick County Emergency Communications Commissions met Monday, May 1,2000
at 5:00 P.M. The following Commissions members were present: Chairman Robert Sager, Sheriff
Robert Williamson, and Steve Eells. Also present were Public Safety Communications Director
John Webb, Director of Fire and Rescue Gary DuBrueler, and County Administrator John R Riley,
Jr.
The following items were discussed:
*** Items Not Requiring Action ***
Communications Director's Report
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A. Communications Equipment
A package for the Commission will be put together containing all information including
the lease purchase and annual cost of acquiring the Simulcast System. The cost is expected to be
below the estimated $1.65 million. A representative from Motorola will be at the next meeting (May
22) to answer any questions about the new system.
B. Wireless 911
The Wireless 911 Service Board has approved the request for approximately $48,000 for the
purchase of new wireless 911 equipment.
C. Personnel
At this time we have rehired a past employee and have a new applicant working through the
process.
Next Meeting:
The Commission decided the next meeting will be on Monday, May 22,2000. This meeting
will be held in the EOC Conference Room.
PUBLIC WORKS COMMITTEE REPORT
The Public Works Committee met on Tuesday, April 25, 2000, at 8:00 a.m. All members
were present except for George Ludwig.
The following items were discussed:
***Items Requiring Action***
1. Transfer Reauest from Landfill Manal:er - Rel:ional Tire Operations Prol:ram -
Approved
The landfill manager, Steve Frye, requested a transfer of$50,000 within this year's budget
to cover costs associated with the Regional Tire Operational Program. A line item to cover these
costs was established in December of 1999. However, at that time, no funds were transferred into
the line item. All funds expended for the subject costs will be reimbursed by the Lord Fairfax
Planning District and be returned to the line item as expenditure refunds. (Attachment 1)
A motion was made by W. Harrington Smith, Jr. and seconded by Jim Vickers to approve
the transfer. The motion was unanimously approved by the committee.
Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith, 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. Cost Sharint! - Acquisition of Soil Materials at the Landfill - Approved
The Director of Public Works presented a request from the landfill manager to purchase soil
materials (clay and topsoil) on a cost sharing basis. These purchases would be considered sole
source and would be dependent on the landfill's needs at the time and the availability of excess
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Board of Supervisors Meeting of 05/10/00
529
materials from local construction sites. The purchase would be based on 50 percent cost sharing
with the landfill paying one-half of a time and materials contract to load and haul the soil to the
landfill. The unit prices of the equipment and labor would be established prior to signing an
agreement.
A motion was made by Tom Offutt and seconded by Jim Vickers to approve the landfill
manager's request to purchase soil materials on a shared cost basis. The motion was unanimously
approved by the committee.
Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith, 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
3. Special Waste Tippin!: Fee - Approved
The landfill manager presented a request to accept waste styrofoam compacted to a density
of 30 pounds per cubic foot at a tipping fee of $38 per ton. This same waste had previously been
delivered to the landfill as bulk styrofoam which necessitated special handling. A special waste
tipping fee of$38 per cubic yard had been assigned to the loose styrofoam.
A motion was made by Jim Vickers and seconded by Jim Wilson to charge $38 per ton for
the waste styrofoam if it was compacted to a density of at least 30 pounds per cubic foot. The motion
was unanimously approved by the committee.
Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith, 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
***Items Not Requiring Action***
1. Review Draft Fire Prevention Code
A revised fire prevention code was presented by the Fire Marshal. After a lengthy
discussion, the committee recommended that the draft ordinance be referred to the Code and
Ordinance Committee with the stipulation that it be returned to the Public Works Committee for
review prior to adoption.
Mr. Offutt voiced concerns about the need for the revised ordinance and associated new fee
structure. Mr. Orndoff indicated that he would not support a new fee structure to create a new
position.
2. Biosolids Ordinance
The Director of Public Works presented numerous ideas related to drafting a biosolids
ordinance for Frederick County. After discussing this issue at length the committee recommended
Minute Book Number 26
Board of Supervisors Meeting of 05/10/00
530
that the Director of Public Works prepare a draft ordinance and submit it directly to the Code and
Ordinance Committee for their review and comments.
3. Miscellaneous ReDorts
a) Tonnage Report (see Attachment 2)
b) Recycling Report (see Attachment 3)
c) Animal Shelter Dog Report (see Attachment 4)
d) Animal Shelter Cat Report (see Attachment 5)
BOARD OF SUPERVISORS COMMENTS
Supervisor Smith advised those present of a recent article that appeared in an architectural
magazine. The article listed localities within the State of Virginia and figures indicating their
increase in growth over the years.
Supervisor Douglas requested to have the first Board Meeting in September changed from
September 13 to September 27,2000.
Upon motion made by Supervisor Douglas, seconded by Supervisor Smith, the Board
Meeting in September will be moved from September 13 to September 27,2000.
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
Chairman Shickle advised the Board that in recent conversations with Dr. Bill Dean, it had
been brought to his attention that the school board has made amendments to their Capital
Improvements Plan and they would like to meet with the board of supervisors in order to discuss this
further. Following discussion the Board selected June 20 at 7:00 P.M. to meet with the school
board.. The meeting will be held at 107 North Kent Street, Winchester, Virginia.
Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the above meeting
with the school board will be held as indicated.
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 26
Board of Supervisors Meeting of 05/10/00
531"
UPON MOTION MADE BY SUPERVISOR SMITH, SECONDED BY SUPERVISOR
ORNDOFF, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS
BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME: 8:38 P.M.)
~~~
Richard C. Shickle
Chairman, Board of Supervisors
----
Minutes Prepared By: ) d' _l> ---,-:- .:E: 'I 0, ^ ^')
Carol T. Bayliss
Deputy Clerk, Board of Supervisors
Minute Book Number 26
Board of Supervisors Meeting of 05/10100