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May 24, 2000 Regular Meeting 532 A Worksession of the Frederick County Board of Supervisors, Comprehensive Plans and Programs Subcommittee and County Planning Commission, to discuss the Northeast Land Use Study, was held on May 24, 2000, at 6:00 P.M., with the Regular Meeting ofthe Board starting at 7: 15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, I 07 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. Assistant Planning Director Evan A. Wyatt explained that the Comprehensive Plans and Programs Subcommittee (CPPS) has established a proposed land use plan for the northeastern portion ofthe county. The proposed land use plan and associated text have been developed to reflect the issues that were identified during the public visioning meetings that were conducted in January 2000. The CPPS has reached a point in this process where a worksession with the Board of Supervisors and Planning Commission would be beneficial, thus the reason for this worksession in order to receive input and direction from both bodies. Mr. Wyatt outlined the three significant issues that he is requesting direction on: 1). Is the proposed expansion of the Sewer and Water Service Area (SWSA) and the recommended land uses within this boundary consistent with the ideas of the Board of Supervisors and the Planning Commission? 2). Should the recommended land uses within the SWSA be required to be developed in conjunction with public water and sewer service? 3). Is a residential component, above and beyond the normal Rural Areas District subdivision process, desired within the study area boundary? Mr. Wyatt explained that the area being looked at is twice the size ofthe City of Winchester, and that the expansion of the SWSA is the first question that needs to be answered. Mr. Wyatt explained, by way of a map, the area that he was referring to. County Administrator Riley questioned the land area southeast of the intersection of Old Charles Town Road and Milburn Road (orange area) being taken out of the area considered for future development. Mr. Wyatt referred to another map showing what was approved in 1996. Supervisor Reyes asked about the funding in addition to a well thought out plan to provide water and sewer for this area. Minute Book Number 26 Board of Supervisors Meeting of OS/24/00 53'3 Mr. Wyatt advised the Board that the committee's recommendation was for a policy of no longer allowing the installation of private sewer package plants. Sanitation Authority Engineer-Director Wellington Jones addressed the group at which time he advised that there is adequate water sources in this area. He explained that due to the drought during the past three years there has been a reduction in water availability; however, the Sanitation Authority is currently working on additional supplies. He feels the big question is sewer and that will be the most expensive. Planning Director Kris Tierney asked which comes first. This has been a problem as the county does not currently have a policy. A decision needs to be made on what needs to be encouraged and what needs to be discouraged. Discussion followed on the time span for build out of this area, not everyone agreed on this figure. Mr. Jones explained about a new standard that is being implemented called Total Maximum Daily Loads, which means the total amount ofloading that a stream can take. He further explained that in some localities this has stopped some development. Chairman Shickle asked if all package treatment plants are the same. Mr. Jones advised that private package treatment plants that are operated by individuals are the most dangerous thing there is. Mr. Jones explained that you could have more than one package plant for an area this size. Mr. Tierney advised that the county does not allow for private package treatment plants to serve more than one user. County Administrator Riley asked about page 9 of the land use plan text and why would the Sanitation Authority be excluded from this. Discussion followed concerning the roll the Sanitation Authority would play in this plan and Supervisor Smith advised that he could support an interim plant. Mr. Wyatt advised that he would be discussing this further with Mr. Jones. Supervisor Orndoff explained that he has some problems with package plants. He felt that the Clearbrook Citizens for Safety group would be against this plan. Supervisor Smith explained that the package treatment plants would be an interim step. Chairman Shickle questioned whether this could be a condition to a rezoning request. Minute Book Number 26 Board of Supervisors Meeting of OS/24/00 534 Discussion and questions followed regarding a residential component within the study area. Some felt there would be area residents, those that have lived here all along, and others felt they would be living here, but working over the mountain. Supervisor Reyes stated that half acre lots concern him. He feels with lots this size it would have a definite impact on the schools. The mixing ofresidential and commercial was discussed and most felt this was good, but added caution, to make sure the right mix is there. Supervisor Sager cautioned the Board about too much development in an area. He feels this has already happened in some areas of the county. Supervisor Orndoff stated that he felt residents that are already living in the Jordon Springs, Clearbrook and Brucetown area should be the residents served first. The general consensus was as follows: (I) To expand the SWSA as proposed on the land use plan map, and to maintain the future land uses that were recommended for adoption in the 1996 plan. (2) Require public water and sewer service for future land use development which can include package treatment plants that are acceptable to the FCSA and are dedicated to the FCSA for operation and maintenance. (3) Utilize the established Rural Community Center boundaries for residential purposes to preserve rural area land in other portions ofthe county. Mr. Wyatt explained that this plan would be shown to the citizens ofthe county in late June in order that they might see what has been done since January. Planning Commissioner John Light stated that he is inclined to agree with what County Administrator Riley said; that he feels some residential should be left in the plan. County Administrator Riley explained that he feels it should be recognized for what it is and be left in, for eventually it is going to happen. Chairman Shickle stated that he felt it was not a sure vote from the Board that it should be taken out all together and dealt with later. Supervisor Douglas advised that she agreed with Administrator Riley. Supervisor Reyes also agrees, but concerned about negative impact. Supervisor Sager asked where do you draw the line, as there are those who are already experiencing sewer problems. Economic Development Director June Wilmot addressed the area of residential and the many Minute Book Number 26 Board of Supervisors Meeting of OS/24/00 535 fine examples of fine housing, as well as fine commercial development that has been incorporated within the county. She feels it is all tied together and the economic issue is the driver for their purposes. Committee Member Mark Stivers stated that since this is such an important issue, he wonders if perhaps this should not be revisited one more time. He realizes there is a time limit, but also realizes the importance of this very important issue. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION The invocation was delivered by Reverend George Stewart of the Little MountainIPleasant Valley/Mt. Pleasant United Methodist Church. PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA County Administrator Riley requested the addition of a request dealing with the bike path in Stephens City. Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the agenda was adopted as amended by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye CONSENT AGENDA County Administrator Riley suggested the following tabs for approval under the consent agenda: 1. Subdivision Application - Dawson W. Jr., and Robann Riggleman - Tab J; 2. Road Resolution - Repine Subdivision, ldylwood Drive Extension - Tab M; 3. Parks and Recreation Commission Report - Tab N; 4. Code and Ordinance Committee Report - Tab O. Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith, the consent agenda was approved, as noted above, by the following recorded vote: Minute Book Number 26 Board of Supervisors Meeting of OS/24/00 536 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 Tammy Keeler, resident of Back Creek District, appeared before the Board to request their assistance on having Mr. Timothy Romano, Principal at Robert E. Aylor Middle School, reinstated. MINUTES Upon motion made by Supervisor Orndoff, seconded by Supervisor Reyes, the minutes of the Regular Meeting of April 26, 2000 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 Supervisor Orndoff advised that on page 20, third paragraph, the date should read September 13, and not 9. Upon motion made by Supervisor Orndoff, seconded by Supervisor Sager, the minutes of the Regular Meeting of May 10,2000 were approved, as amended, by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye ELIZABETH J. HOLLAND APPOINTED TO LORD FAIRFAX COMMUNITY COLLEGE BOARD Upon motion made by Supervisor Orndoff, seconded by Supervisor Smith, Elizabeth 1. Holland was appointed to the Lord Fairfax Community College Board for a four year term. This term will begin 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 Minute Book Number 26 Board of Supervisors Meeting of OS/24/00 537 TWO LIAISON MEMBERS ADDED TO LAW ENFORCEMENT AND COURTS COMMITTEE Supervisor Sager advised that a request had been recei ved to add two liaison members to the Law Enforcement and Courts Committee. Upon motion made by Supervisor Sager, seconded by Supervisor Reyes, Brenda Vance, Clerk ofthe Court, General District Court, and Ann Lloyd of Winc hester/ Frederick County Juvenile and Domestic Relations Court, will be added as liaisons to the County Law Enforcement and Courts Committee effective this date. 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 PRESIDENT DR. MARILYN BECK OF LORD FAIRFAX COMMUNITY COLLEGE ADDRESSED THE BOARD REOUESTING SUPPORT FOR CONSTRUCTION OF THE LORD FAIRFAX COMMUNITY CULTURAL CENTER - RECEIVED AS INFORMATION Dr. Marilyn Beck, President of Lord Fairfax Community College, appeared before the Board to ask their support ofthe construction of the Lord Fairfax Community Cultural Center with a pledge of $2,340,000 in cash or through a partnership bond with the other jurisdictions. The Board took no action on this request. It was received as information. KEVIN ADAMS TO ADDRESS THE BOARD RE: COMMUNITY CONSENSUS COALITION - POSTPONED Supervisor Douglas advised that she had attended the meeting, referred to in the agenda, and she would move for approval of this request. Supervisor Sager seconded the motion. Supervisor Smith explained that he felt Mr. Adams should be present before the Board takes action on this request, and furthermore, he did have some questions he would like to present to Mr. Adams. Chairman Shickle agreed. Supervisor Sager withdrew his second, and Supervisor Douglas withdrew her motion. The Board agreed to postpone this matter until the next Board meeting when Mr. Adams could be present. Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the above matter Minute Book Number 26 Board of Supervisors Meeting of OS/24/00 538 dealing with Community Consensus Coalition is hereby postponed. 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 REQUEST FROM THE HANDLEY REGIONAL LIBRARY DIRECTOR RE: LAYING OF CORNERSTONE AT THE BOWMAN LIBRARY - APPROVED County Administrator Riley presented this request to the Board. He explained that Mr. William Copenhaver, representing the Winchester Masonic Hiram Lodge #21, has offered to lay a cornerstone at the Bowman Library. The Handley Regional Library Board is in favor of this if the Board is in agreement. 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 REQUEST FROM MECKLENBURG COUNTY BOARD OF SUPERVISORS FOR ENDORSEMENT OF 1% INCREASE IN GENERAL RETAIL SALES TAX - DENIED - (QUR RESOLUTION #049-00) County Administrator Riley presented this request to the Board advising that this would require enabling legislation. Supervisor Sager moved for approval. Supervisor Orndoff seconded the motion. Following discussion Supervisor Orndoff explained that he had misread the resolution therefore, he would rescind his second to the motion. There was no second to Supervisor Sager's motion, therefore his motion died for lack of a second. WHEREAS, Frederick County must comply with a growing number of unfunded mandates, both state and federal; and WHEREAS, the tax sources currently available to Frederick County do not generate adequate funds for the cost of unfunded state and federal mandates, plus the cost of those services needed by Frederick County citizens; and WHEREAS, the Frederick County Board of Supervisors (the "Board"), has concluded that an increase in local sales tax would be an equitable means for securing additional local tax revenues; and Minute Book Number 26 Board of Supervisors Meeting of OS/24/00 539 WHEREAS, until amended, Virginia Code Section 58.1-605 limits to one percent (1 %) the general retail sales tax which may be levied by Frederick County; and WHEREAS, the Board adopts this resolution to formally request action amending said code section to enable Frederick County to increase its general retail sales tax from one percent (1 %) to two percent (2%). NOW, THEREFORE, BE IT RESOLVED, that the General Assembly is requested to amend Virginia Code Section 58.1-605 to increase from one percent (1 %) to two percent (2%) the general retail sales tax which may be levied by counties, cities and towns. BE IT FURTHER RESOLVED, that the Virginia Association of Counties, the Virginia Municipal League and the governing bodies of counties, cities and towns throughout the Commonwealth are hereby urged to express their support for this effort through formal action, and to communicate that support to members of the Virginia General Assembly. ISTEA GRANT PROJECT EN 93-034-V2S. PE-I01.RW-201.C-S01 FOR A BIKE PATH AS REOUESTED BY FREDERICK COUNTY PARKS AND RECREATION- APPROVED AS AMENDED County Administrator Riley presented this request to the Board and asked Assistant Planning Director Evan Wyatt to walk the Board through this project. Assistant Planning Director Wyatt explained to the Board that these funds became available to the Board in 1993 at the time the grant was approved. Supervisor Smith asked how we got to this point. All landowners have certain things spelled out within their deeds why wasn't this noticed until now. Mr. Wyatt explained about the 10 foot ingress and egress. Assistant Resident Engineer Norman Sparks appeared before the Board at which time he explained there would be a total of 1 0 NO PARKING signs installed on both sides Ivory Drive. He further explained that there are stipulations from the Federal Government concerning this grant, and these have to be agreed upon by the county. Supervisor Sager advised that he has spoken with some of the six owners concerning the proximity of the bike path to their residence. Supervisor Sager moved to approve this request and Supervisor Smith seconded the motion. Supervisor Douglas asked if these six families knew about the proposed bike path. Planning Director Kris Tierney explained that the other five families have not been contacted. County Administrator Riley explained that time is an issue as this is grant money. Mr. Wyatt explained that the contract has to be finalized by the end of June. Supervisor Reyes explained that he would like to hear from the other citizens that are involved. Minute Book Number 26 Board of Supervisors Meeting of OS/24/00 540 County Administrator Riley explained that public hearings, as well as public meetings, were held and no one came forward until the construction started. 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 - Nay Sidney A. Reyes - Aye Planning Director Tierney advised the Board that due to the fact Ivory Drive would not be part of the bike path, there would be some additional funding available and asked the Board where they would want that to go. Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the additional funding made available, due to Ivory Drive be excluded from the bike path is hereby approved to be applied to the area (s) deemed appropriate. 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: THE SALE OF COUNTY OWNED PROPERTY LOCATED IN THE SHA WNEELAND SANITARY DISTRICT. DESCRIBED AS LOT 38. SECTION 20. LYING AND BEING SITUATE IN THE BACK CREEK MAGISTERIAL DISTRICT. COUNTY OF FREDERICK. STATE OF VIRGINIA - APPROVED County Administrator Riley presented this request to the Board. There was no public input. Upon motion made by Supervisor Douglas, seconded by Supervisor Reyes, the above request for sale of property in ShawneeLand 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 PLANNING COMMISSION BUSINESS: PUBLIC HEARINGS: Minute Book Number 26 Board of Supervisors Meeting of OS/24/00 541 PUBLIC HEARING - CONDITIONAL USE PERMIT #07-00 OF GERALD STRATFORD AND PATTIE BURGE FORA COTTAGE OCCUPATION-ANTIOUE STORAGE AND PREPARATION. THIS PROPERTY IS LOCATED AT 1196 HITES ROAD AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 84- A-31 IN THE BACK CREEK MAGISTERIAL DISTRICT - APPROVED Planner II Amy Lohr presented this request to the Board, advising that the planning commission recommended approval. There was no public input. Upon motion made by Supervisor Douglas, seconded by Supervisor Orndoff, CUP #07-00 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: SUBDIVISION APPLICATION - DAWSON W.. JR. AND ROBANN RIGGLEMAN- APPROVED UNDER CONSENT AGENDA This is for a subdivision of a 9.570-acre tract into three lots. RESOLUTION (#050-00) IN SUPPORT OF THE SHENANDOAH V ALLEY BATTLEFIELDS NATIONAL HISTORIC DISTRICT DRAFT MANAGEMENT PLAN - APPROVED Planning Director Kris Tierney presented this request to the Board. He explained this plan would be presented to each district that is involved and their endorsement would be requested. He further advised that the support of Frederick County, along with each of the localities within the District, is critical for maintaining the support of our representatives in Washington. Their support, in turn, will assist in getting final approval of the Plan and the necessary federal funding to implement the Plan once it is approved. Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the following resolution was approved: WHEREAS, Frederick County is richly endowed with numerous and significant historic sites including the Civil War battlefields at Cedar Creek, First and Second Kernstown, and Second and Third Winchester, along with individual sites associated with this conflict; and WHEREAS, the history of Frederick County has been shaped by the Civil War including the aforementioned battles, and many sites whose individual histories woven together form the fabric ofthe county's Civil War history; Minute Book Number 26 Board of Supervisors Meeting of OS/24/00 542 WHEREAS, preservation of these sites associated with the Civil War, as well as preservation of the stories associated with the War, are means to enrich the quality oflife for the residents of Frederick County and the Shenandoah Valley; and WHEREAS, these sites and stories, preserved and interpreted, have the potential to generate considerable economic return to the residents of the county, as well as to the County of Frederick itselfthrough heritage tourism; and WHEREAS, the Shenandoah Valley Battlefields National Historic District Commission was created by an act of the United States Congress (P.L. 104-333) in 1996 to identify the locations of ten of these battlefields in the District, and develop a plan to preserve, interpret, provide visitors services, and manage the Civil War and other historic and natural resources lying within the eight- county National Historic District (of which Frederick County is a major part), and to identify partnerships between local, state, and federal governments, private-sector interests and the successor to the Commission; and WHEREAS, Shenandoah Valley Battlefields National Historic District Commission has now prepared a Draft Management Plan with recommendations for action in compliance with P.L. 104-333 that proposes feasible means to preserve, interpret, celebrate, promote, and manage the District's Civil War heritage. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia endorses this Draft Management Plan and urges the United States Secretary of the Interior to approve such plan upon its submittal by the Shenandoah Valley Battlefields National Historic District Commission. 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 AYLOR ROAD IMPROVEMENT PROJECT - APPROVED Assistant Planning Director Evan Wyatt presented this information to the Board. Assistant Resident Engineer Norman Sparks was present on behalf of the Virginia Department of Transportation. He explained to the Board that the bike path/sidewalk would be constructed with concrete, and that VDOT was pleased that this project was able to be constructed without taking any of the homes along this road. Supervisor Smith asked about the sidewalk and whether it was needed on the west side. He felt if it is not needed then it should be deleted and those funds could be saved. Upon motion made by Supervisor Sager, seconded by Supervisor Smith, the bike path/sidewalk will run from Hackwood North to Tasker Road on the West side. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye Minute Book Number 26 Board of Supervisors Meeting of OS/24/00 543 W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye Chairman Shickle inquired as to when this project would be completed. Mr. Sparks replied with the construction date scheduled for 2002 it should be finished in late 2003. Upon motion made by Supervisor Sager, seconded by Supervisor Smith, approval was given for the Aylor Road Improvement Project 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 ROAD RESOLUTION - REPINE SUBDIVISION IDYL WOOD DRIVE EXTENSION - APPROVED UNDER CONSENT AGENDA PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on May 16,2000. Members present were, Robert Hartman, Robert Roper, Charles Sandy, Cheryl Swartz, Ralph Lewis, Margaret Douglas. Submitted for Board Information Only: 1.) Bikeway Project - Mr. Sandy moved that the Commission go on record recommending that the bikeway remain as originally planned. This motion was seconded by Mr. Lewis, and carried unanimously. CODE AND ORDINANCE COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Code & Ordinance Committee met on Thursday, May 11,2000, at 4:00 PM in the First Floor Conference Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. Present were chairman of the committee Sidney A. Reyes, Supervisor Robert M. Sager, Attorneys Michael Bryan and Stephen G. Butler. Also present were County Attorney Lawrence R. Ambrogi, Recycling Coordinator Gloria M. Puffinburger, Sheriff Robert T. Williamson, Landfill Manager Steve Frye, Director of Fire and Rescue Gary DuBrueler, Fire Marshal Dennis Linaburg, County Administrator John R. Riley, Jr., and Assistant County Administrator Lauren G. Carrier. The committee submits the following: ****Items Not Requiring Action*** 1. Discussion of the Revised Draft Solid Waste Ordinance (Frederick County Code. Chapter 142.) (Attachments of the draft ordinance are not being provided due to their length and previous provision. Should you require another COpY. please contact Teresa Price.) Ms. Puffinburger presented the Draft Solid Waste Ordinance with changes suggested from the previous Code & Ordinance meeting. (See Attached) After a lengthy discussion, particularly focused on issues of enforcement, the committee recommended that the draft ordinance be addressed as follows: 1.) Re-distribute copies ofthe ordinance with the enforcement sections highlighted to all Minute Book Number 26 Board of Supervisors Meeting of OS/24/00 544 applicable departments for comments; 2.) Proyide comments to Larry Ambrogi for his opinion; 3.) Have responses back to Code & Ordinance Committee by June 11,2000 for further action. 2. Discussion of the Frederick County Code. Chapter 90. Fire Prevention. Article I General Standards - Draft of Ordinance to Renlace the Current Article. (Attachments of the draft ordinance are not being provided due to their length and previous provision. Should you require another copy. please contact Teresa Price.) Fire Marshal Dennis Linaburg provided the draft Article on Fire Prevention to the committee for review. After discussion that the article takes the State Code as a base and modifies it to meet the needs of Frederick County, the committee raised the following concerns: 1.) Section 90-1 through 90-6: Is this section exactly from the State Code?; 2.) F-104.2.1.2: this section possibly creates an enforcement problem, as it is vague and possibly unconstitutional; 3.) Does the article provide the Fire Marshal the authority to establish and annual inspection and the fee structure to support this? The committee recommended that the draft article be amended to address the discussed concerns, and that written comments and an opinion from Larry Ambrogi be provided through the same method recommended for the Solid Waste Draft Ordinance. FINANCE COMMITTEE REPORT The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on May 17,2000 at 8:00 a.m. The Finance Committee recommended an approved consent agenda on items 1,2, and 4. 7,8,9 and 10 were added at the board meeting. Committee member James Allmendinger was absent. Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the consent items 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 The agenda items are as follows: 1. The Sheriff requests a General Fund supplemental appropriation in the amount of $663.96. This amount represents our department's share ofthe proceeds from a Federal forfeiture case and is requested to be placed in 3102-5413-000-007 Forfeited Property-Surplus. No additional local funds are needed. See attached memo, p.l. The committee recommends approval. - Approved Under Consent Agenda. 2. The Building and Inspections Department requests a General Fund supplemental appropriation in the amount of $556.40. These funds represent an insurance claim from Commercial Union Insurance and is requested to be placed in line item 3401-3004-000-002 Repair and Maintenance Vehicle. No additional funds are required. See attached memo, p.2. The committee recommends approval - Approved Under Consent Agenda. 3. The Director of Fire and Rescue requests a General Fund supplemental appropriation in the amount of$28.546.00. This amount represents the cost of replacing the 1990 Jeep Cherokee and is requested to be placed in line item 3505-7005-000-000 Motor Vehicles and Equipment. Additional local funds are necessary. See attached memo, p.3-4. 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: Minute Book Nnmber 26 Board of Supervisors Meeting of OS/24/00 545 Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye 4. The Director of Social Services requests a General Fund supplemental appropriation in the amount of $950.00. This amount represents an insurance claim for hail damage to an agency automobile and is requested to be placed in line item 5307-5408-000-000 Vehicle and Powered Equipment Supplies. No additional funds are required. See attached memo, p.5. The committee recommends approval- Approved Under Consent Agenda. 5. The Regional Jail requests a General Fund budget amendment in the amount of $33.543.24. This amount represents a revised cost of Frederick County's share of the local contribution. Additional local funds are necessary. See attached memo, p.6-14. 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 6. The Regional Jail requests a Regional Jail budget transfer in the amount of $5,400.00. This transfer is to purchase A.D.P equipment and will be reimbursed by the Compensation Board as approved in the Jail's state budget. No additional local funds are needed. See attached memo, p'15. 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 7. The Winchester Regional Airport requests an AilJlort supplemental appropriation in the amount of $10.000.00. This amount represents estimated expenditures for the fiscal agent transfer process and is requested to be placed in line item 8109-3002-000-001 Fiscal Agency Transfer Costs. No additional local funds are needed. See attached memo, p.16. The committee recommends approval. - Approved Under Consent Agenda. 8. The School Finance Director requests that the Board of Supervisors establish a separate fund for the school system's insurance reserve fund, transfer the balance of the fund as of May 31, 2000 into the new fund, and authorize appropriations in the new fund equal to the total cash balance on hand at July I, 2000, plus the total amount of receipts for the fiscal year 2000-2001. See attached memo, p.17-18. The committee recommends approval. - Approved Under Consent Agenda. 9. The Sheriffrequests budget transfers in the amount of$49.832. 70 pending Compensation Board approval. No additional local funds are necessary. See attached memo, p.19. The committee Minute Book Number 26 Board of Supervisors Meeting of OS/24/00 546 recommends approval. - Approved Under Consent Agenda. 10. The Sheriff requests a General Fund supplemental appropriation in the amount of $4.913.00 for the purchase of a Document Imaging System. This amount represents additional state funding. No additional local funds are necessary. See attached memo, p.20-21. The committee recommends approval. - Approved Under Consent Agenda. 11. The Finance Department requests a General Fund supplemental appropriation in the amount of$5.442.00 for equipment maintenance insurance. This amount is being refunded from our current maintenance service contract and requires no additional local funds. See attached memo, p.22-24. 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 12. The Regional Jail requests budget transfers in the amount of$25.000.00. These transfers will replenish funds for Extra Help/Overtime, and provide funds for the Jail's Food Service line item. No additional local funds are needed. See attached memo, p.25. The committee recommends approval. - Approved. Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the above request was approved by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye 13. The Regional Jail requests a Regional Jail supplemental appropriation in the amount of $94.545.00. This amount represents the purchase of equipment that will be used to provide pretrial services and video arraignment for Courts and Jails in all jurisdictions within the 26th Judicial District and is requested to be placed in line item 3301-7003-000-000 Communications Equipment. Fees will be charged and therefore; no additional local funds are needed. See attached memo, p.26. 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 BOARD OF SUPERVISORS COMMENTS Minute Book Number 26 Board of Supervisors Meeting of OS/24/00 547 Chairman Shickle thanked County Administrator Riley for all his efforts in working out a solution for the bike path. 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, (1), to discuss Personnel. 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 BOARD WITHDREW FROM CLOSED SESSION Upon motion made by Supervisor 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, Sf. - Aye 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 DEPARTMENT HEAD EVALUATIONS APPROVED Supervisor Smith moved to approve the evaluations ofthe following department heads, with Supervisor Orndoff seconding the motion: Minute Book Number 26 Board of Supervisors Meeting of 05124/00 548 Parks and Recreation Director - James Doran Fire & Rescue Director - Gary DuBrueler Personnel Director - Ann Kelican Finance Director - Cheryl Shiffler Public Works Director - Ed Strawsnyder Planning Director - Kris Tierney Data Processing Director - Benny Tyson 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 UPON MOTION MADE BY SUPERVISOR ORNDOFF, SECONDED BY SUPERVISOR SMITH, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME: 9:28 P.M.) . CL-Q- Q ~ Richard C. Shickle Chairman, Board of Supervisors ~- Jo n . Riley, Jr. Cler ,Board of Supervisors Minutes Prepared By: l~ T '-~J ~) Carol T. BayIis;\ Deputy Clerk, Board of Supervisors Minute Book Number 26 Board of Supervisors Meeting of OS/24/00