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HomeMy WebLinkAboutDecember 08, 1999 Regular Meeting 37'3 A Regular Meeting of the Frederick County Board of Supervisors was held on December 8, 1999, at 3 :30 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman James L. Longerbeam; Vice Chairman Richard C. Shickle, Charles W. Orndoff, Sr.; W. Harrington Smith, Jr.; Robert M. Sager; and Margaret B. Douglas. BOARD RETIRED INTO CLOSED SESSION WITH COUNTY SCHOOL BOARD SCHOOL BOARD MEMBERS PRESENT: Chairman Patricia D. Stiles, Vice Chairman Stuart A. Wolk, Lawrence K. Van Hoose, Margaret M. Rowe, and Nancy Walsh, staff: Dr. William Dean Superintendent and Tom Sullivan Assistant Superintendent. Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the Board retired into closed session in accordance with the Code of Virginia, 1950, as amended, Section 2.1-344, Subsection A(l) (3) (5) and (7) to Discuss Personnel, Acquisition and Disposition of Real Estate, Economic Development - Discussion of an Industrial Prospect and Legal Matters. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye BOARD WITHDREW FROM CLOSED SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the Board withdrew from closed session. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the Board reconvened into regular session and certified nothing other than what was noted as reason for going into closed session was discussed. Board of Supervisors Meeting of 12/08/99 Minute Book Number 26 374 The above motion was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye PURCHASE OF PETER PAUL RILEY FARM - APPROVED Upon motion made by Supervisor Shickle, seconded by Supervisor Sager, approval was given for the purchase of the Peter Paul Riley Farm in the amount of$1,230,000. This amount will be paid from the Landfill Budget - Contingency Fund line item. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye ATTORNEY STEPHEN BUTLER TO REPRESENT COUNTY IN PREPARATION OF LEGAL DOCUMENTS FOR THE CLOSING AND CONVEYANCE OF THE PETER PAUL RILEY FARM PROPERTY Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, local attorney Stephen Butler will represent the county in preparing the necessary documents in preparation of the closing of the Peter Paul Riley Farm property and conveyance to the County. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye INVOCATION The invocation was delivered by Reverend Gilbert M. Mack, Jr., of the Mt. Carmel Baptist Church. ADOPTION OF AGENDA County Administrator Riley requested that a resolution concerning the proposed Washington Square be added to the agenda, and with Board approval, this resolution could be approved under consent agenda. Board of Supervisors Meeting of 12/08/99 Minute Book Number 26 375 Upon motion made by Supervisor Smith, seconded by Supervisor Douglas the following resolution was added to the agenda and approved under consent agenda: RESOLUTION (#023-99) - WASHINGTON SOUARE - APPROVED UNDER CONSENT AGENDA WHEREAS, 1999 is the bicentennial year ofthe death of George Washington, hero, patriot and statesman unequaled in the history of this Nation; and, WHEREAS, George Washington spent the better part of ten very formative years from age sixteen to age twenty-five (1748-1758) in Old Frederick County, then the Virginia frontier, getting his professional, military, political and financial start there; and, WHEREAS, this board is informed that to honor and memorialize George Washington, the Common Council ofthe City of Winchester at its next meeting, December 14, the 200th anniversary of his death, will consider a resolution naming the parcels on which the Frederick-Winchester Judicial Center and the Kurtz Center are situated "Washington Square." NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors commends and endorses the naming of the area described above as "Washington Square" in honor of the memory of Frederick County's most internationally famous and revered resident ever. ADOPTED, this 8th day of December, 1999. CONSENT AGENDA County Administrator Riley suggested the following tabs for approval under consent agenda: l. Proclamation Re: December 1999 as National Drunk and Drugged Driving Prevention Month in Winchester and Frederick County - Tab D; 2. Proclamation Re: Census 2000 - Tab F; 3. Resolution Re: Sale of ShawneeLand Sanitary District Lots - Tab G; 4. Resolution Re: Fort Collier Civil War Site - Tab H; 5. Correspondence and Proposed Deed of Easement from City of Winchester Re: 24-Inch Water Main Replacement Project - Tab K; 6. Landfill Oversite Committee Report - Tab L; 7. Resolution for Washington Square. Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the consent agenda, as noted above, was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye CITIZEN COMMENTS Board of Supervisors Meeting of 12/08/99 Miuute Book Number 26 376 No one appeared before the Board at this time. MINUTES Upon motion made by Supervisor Orndoff, seconded by Supervisor Douglas, the minutes of the regular meeting of October 27, 1999 were approved as presentcd by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye Upon motion made by Supervisor Sager, seconded by Supervisor Douglas, the minutes of the regular meeting of November 10, 1999 were approved as presented by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye COUNTY OFFICIALS DAVID ZIEGLER. DIRECTOR. NORTHWESTERN COMMUNITY SERVICES. ADDRESSED THE BOARD RE: ANNUAL REPORT Mr. David Ziegler, Director, appeared before the Board at which time he presented his annual report. He basically explained the accomplishments of Northwestern Services during this past year and explained the programs that had received funding from Frederick County. He advised Board members of what was planned for the coming year and the areas of the budget that included Frederick County. COMMITTEE APPOINTMENTS PHILLIP JAY ARMEL APPOINTED TO CHAPTER 10 BOARD AS COUNTY REPRESENTATIVE Upon motion made by Supervisor Sager, seconded by Supervisor Smith, Phillip Jay Armel was appointed to the Chapter 10 Board as the county representative. This is a three year appointment. The term will commence on January 1, 2000 and terminate on December 31,2002. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye Board of Supervisors Meeting of 12/08/99 Minute Book Number 26 377 Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye WANDA TEDERICK-LEGGE APPOINTED TO LOCAL EMERGENCY PLANNING COMMlTTEE(LEPC) TO FILL UNEXPIRED TERM OF ROBERT LOFTUS Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, Wanda Tederick- Legge was appointed to the Local Emergency Planning Committee to represent the Lord Fairfax EMS Council due to the resignation of Robert Loftus. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye COUNTY OFFICE HOURS FOR 1999 CHRISTMAS/NEW YEAR'S HOLIDAY- APPROVED Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the following schedule will be observed by all county offices for the 1999 Christmas/New Year's Holiday: This schedule is also observed by all State offices. December 23 - all offices will close at noon December 24 - closed December 31 - closed January 3 - closed. PROCLAMATION (#003-99) RE: DECEMBER 1999 AS NATIONAL DRUNK AND DRUGGED DRIVING PREVENTION MONTH IN WINCHESTER AND FREDERICK COUNTY - APPROVED UNDER CONSENT AGENDA WHEREAS, drivers and pedestrians impaired by alcohol and other drugs account for nearly half of all traffic fatalities; and WHEREAS, there were 3 alcohol related fatalities and 75 alcohol related injuries in Frederick County, with 0 alcohol related fatalities and 13 alcohol related injuries in the City of Winchester; and WHEREAS, drug and alcohol impaired drivers cause motor vehicle crashes that result in death and injury, cost an enormous amount of money and resources, and cause physical, emotional, and economic hardship for all those involved or touched by the crash; and WHEREAS, intense public education and comprehensive community based strategies can further reduce alcohol and drug related highway crashes; NOW, THEREFORE, WE, James L. Longerbeam and Larry T. Omps, do hereby recognize December 1999 as Drunk and Drugged Driving (3D) Prevention Month in Winchester and Frederick Board of Supervisors Meeting of 12/08/99 Minute Book Number 26 378 County and We call this observance to the attention of all our citizens. PROCLAMATION (#004-99) RE: CENSUS 2000 - APPROVED UNDER CONSENT AGENDA CITY OF WINCHESTER AND COUNTY OF FREDERICK and the United States Bureau of the Census Charlotte Region WHEREAS, the Common Council ofthe City of Winchester and the Board of Supervisors of the County of Frederick are active and committed parts of the Winchester-Frederick County community; and WHEREAS, the City and County understand that this is a unique opportunity to participate in the Census 2000; NOW THEREFORE, BE IT RESOLVED that in order to accomplish the goal of a more accurate and cost efficient Census in Census 2000, the City of Winchester and the County of Frederick do herein take the following action: 1. The Common Council and the Board of Supervisors do hereby appoint a CENSUS COMPLETE COUNT COMMITTEE; and 2. The CENSUS COMPLETE COUNT COMMITTEE shall be charged with working with the Census Bureau and its representatives in promoting Census 2000 to all of our people; and 3. The CENSUS COMPLETE COUNT COMMITTEE may provide assistance to the Census Bureau to recruit temporary employees; and 4. The CENSUS COMPLETE COUNT COMMITTEE will make efforts to develop outreach activities especially designed to meet the needs of all residents and to reach those considered "hard to enumerate"; and 5. The CENSUS COMPLETE COUNT COMMITTEE will encourage every resident to accurately complete the Census questionnaire and promptly return it by mail; and 6. April 1, 2000, be designated CENSUS DAY in the City of Winchester and the County of Frederick . RESOLUTION (#020-99) RE: SALE OF SHA WNEELAND SANITARY DISTRICT LOTS - APPROVED UNDER CONSENT AGENDA WHEREAS, pursuant to Section 21-118, Code of Virginia (1950, as amended) the governing body of a sanitary district shall have the power and duties, subject to the conditions and limitations prescribed therein, to sell property determined to be in the best interest of the sanitary district WHEREAS, the Board of Supervisors of Frederick County, Virginia, the governing body ofthe Shawnee-Land Sanitary District, approved in regular sessions on March 24, and October 13, 1999, and after public hearings held on said dates, and after finding that it is in the best interest of the Shawnee-Land Sanitary District, to sell real estate as described in Exhibit A. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia, authorizes the ShawneeLand Sanitary District, by its manager, or designated agent, to sell this real estate and execute quitclaim deeds, on its behalf, to the successful bidders, hereinafter called the Grantees, as described in Exhibit A. Passed this 8th day of December, 1999. Board of Supervisors Meeting of 12/08/99 Minute Book Number 26 379 RESOLUTION (#021-99) RE: FORT COLLIER CIVIL WAR SITE - APPROVED UNDER CONSENT AGENDA WHEREAS, the County of Frederick is home to the historic Fort Collier Civil War Site, which has been preserved in its entirety and encircles the Stine House, a fine example of Greek Revival Architecture; and WHEREAS, Fort Collier, located within the Third Winchester Civil War Battlefield Site, is a silent tribute to the many lives that were lost on the day when 6000 Union cavalrymen overran the Confederate infantry holding the fort; and WHEREAS, heritage tourism will rise as the Historic District develops into an area linking ten major Civil War Battlefield Sites located within the Shenandoah Valley Battlefield National Historic District within which Fort Collier sits; and WHEREAS, the property upon which Fort Collier sits is zoned for industrial use and not protected as a historic site; NOW, THEREFORE BE IT RESOLVED, the Frederick County Board of Supervisors does hereby express its support in the efforts ofthe Fort Collier Civil War Center in conjunction with the McCormick Civil War Institute to preserve and place in public trust the Fort Collier Civil War Site. ADOPTED this 8th day of December, 1999. RESOLUTION (#022-99) REQUESTING THE PRESERVATION OF THE OLD FREDERICK COUNTY COURTHOUSE AND CONVERSION INTO A CIVIL WAR MUSEUM - APPROVED County Administrator Riley presented this request to the Board. WHEREAS, the County of Frederick is home to a historic court house which has served our community in numerous ways prior to, during, and after the Civil War, as a house of justice and local government, and as an example of Greek Revival-style architecture since the 18th century; and WHEREAS, the Old Frederick County Court House uniquely symbolizes the history of WinchesterIFrederick County and is one of the first county square court houses still surviving in the nation; and WHEREAS, the Old Frederick County Court House is a beautiful landmark listed on both the Virginia Landmarks Register and the National Register of Historic Places as part of the Winchester Historic District; and WHEREAS, the Frederick County Board of Supervisors desires to renovate the Old Frederick County Court House, a centerpiece of activity during the Civil War having served as both a hospital and prison on numerous occasions, and convert it into a Civil War Museum; and WHEREAS, the establishment ofthe Old Court House Civil War Museum will contribute to the ongoing effort to interpret, protect, and preserve the vast battlefield resources of the County of Frederick; and WHEREAS, the Old Court House Civil War Museum will facilitate implementation of key strategies identified in the Frederick-Winchester Battlefield Network Plan by providing a centralized location for comprehensive public interpretation of local battlefield resources that will promote education and awareness; and NOW, THEREFORE, BE IT RESOLVED, the Frederick County Board of Supervisors is committed to the preservation of the Old Frederick County Court House and its conversion into a Civil War Museum and supports all efforts that foster this cause. Board of Supervisors Meeting of 12/08/99 Minute Book Number 26 380 Passed this 8th day of December, 1999. Upon motion made by Supervisor Douglas, seconded by Supervisor Smith, the above resolution was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sf. - Aye MEMORANDUMRE: DRAINAGE IMPROVEMENTS -RUEBUCKLANE (ROUTE 670) AND REST CHURCH ROAD (ROUTE 669) - (PUBLIC WORKS COMMITTEE REPORT ITEM THAT WAS TABLED FROM NOVEMBER 10. 1999 MEETING)- APPROVED County Administrator Riley presented this request to the Board. He advised that the project could cost approximately $100,000 to complete. Upon motion made by Supervisor Shickle, seconded by Supervisor Sager, to accept the $50,000 contribution, and the county will appropriate an additional $50,000 in order for the project to be completed. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sf. - Aye CORRESPONDENCE AND PROPOSED DEED OF EASEMENT AND PLAT FROM CITY OF WINCHESTER RE: 24-INCH WATER MAIN REPLACEMENT PROJECT - APPROVED UNDER CONSENT AGENDA This request is for a proposed Deed of Easement and Plat for county property along Route 11. The City of Winchester is planning to replace the 24-inch water main. In order to accomplish this it will be necessary for the City to acquire easement, in addition to the existing easement. Once construction is completed, all rights to the temporary easement revert back to the County. NORTHERN SHENANDOAH VALLEY REGIONAL PARTNERSHIP AREA EXECUTIVE DIRECTOR POSITION - APPROVED Chairman Longerbeam presented this information to the Board advising that there are two separate boards involved with the request, the Shenandoah Valley Regional Partnership Act and the Northern Shenandoah Valley Workforce Investment Act. He further explained that the elected officials of the Lord Fairfax Planning District felt the available funds should remain within the Board of Supervisors Meeting of 12/08/99 Minute Book Number 26 -381 planning district, and that funds would be taken from both groups to fund the Executive Director Position. Funds are available in the Partnership to fund this position until July or August of2000. Chairman Longerbeam suggested Frederick County picking up the benefit package which is about 23% of the total salary of approximately $35,000. Chairman Longerbeam asked the Board to approve the job description and allocation of funding of the benefit package that would be in effect from this date until July 1,2000. Supervisor Shickle moved, and Supervisor Smith seconded, the motion to approve funding for the position of Northern Shenandoah Valley Regional Partnership Executive Director. The job description for this position was also approved with the county funding the benefit package for this employee from this date until July 1,2000. Following further discussion this motion was amended by Supervisor Shickle and seconded by Supervisor Smith, to have these funds reimbursed from other participating localities. The funds would come from the county's operational funds. The above amended motion was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye COMMITTEE REPORTS: LANDFILL OVERSITE COMMITTEE - APPROVED UNDER CONSENT AGENDA The landfill oversight committee met on Thursday, November 18, 1999, at 8:00 a.m. in the fourth floor conference room at the Frederick County Administration Building. All committee members were present except Mike Noel. The following issues were discussed: 1. Project Update a. Closure of Cells "A" and "B", Phase I: The Director of Public Works presented the committee with a brief status report for the subject project. To date, the clay layer and synthetic liner have been placed over the entire area in question. The contractor is currently placing the 24 inches of soil and topsoil on the synthetic liner and overlying drainage geotextile. The drainage piping is being placed in conjunction with the cover soils. Gas piping will be placed after the cover soils are completed. It is anticipated that the entire project including soil stabilization will be completed on or before January 1 , 2000. b. Expansion of Construction/Demolition Debris (CDD) Landfill: The designer, SCS Engineers, Inc., is currently in the process of completing design documents for an additional five (5) acres ofCDD landfill disposal area. We anticipate advertising and awarding a contract on or before May 1,2000. c. Active Gas Recovery System: The design of an active gas recovery system has been Board of Supervisors Meeting of 12/08/99 Minute Book Number 26 382 completed by SCS Engineers, Inc. Our 529 permit will be modified to accommodate the new design. We anticipate advertising and awarding a contract on or before March 1, 2000. 2. Special Waste The landfill manager, Steve Frye, indicated that the municipal solid waste (MSW) landfill is still experiencing problems with a few isolated industries delivering wastes which are difficult to handle. In particular, these wastes (bulk card board cartons and styrofoam beads) are relatively light but occupy a very large volume and are difficult, ifnot impossible, to compact. Our current special waste tipping fee is based on weight and does not adequately address the lost effort and lost air space that are created by these light weight waste by-products. Therefore, the landfill staff is recommending that a tipping fee based on estimated volume be applied to these types of special wastes. Weare furtherrecommending that the landfill manager be given the authority and discretion when applying this special waste fee. Based on lost air space, we recommend a fee of$38.00 per cubic yard. A motion was made by John Riley and seconded by Gary Lofton to approve the request and give the landfill manager the authority to use his discretion when charging for special waste based on volume. The committee unanimously approved the motion. 3. Proposed FY 2000/2001 Landfill Budt:et A budget of$4,993,369 is being proposed for FY 200012001. A copy ofthe proposed budget was provided to each committee member. The proposed budget package included a narrative, FY 1998/1999 accomplishments, an expenditure summary, detailed expenditure descriptions, a revenue summary and a detailed tipping fee evaluation. Once again the budget is being driven by revenue projections rather than proposed expenditures. Fortunately, we have been able to stay slightly ahead ofthe Department of Environmental Quality's imposed unfunded mandates. Also, tipping fees will remain the same. The committee accepted that budget proposal as information only. PUBLIC WORKS COMMITTEE The Public Works Committee met on Tuesday, November 30, 1999, at 8:00 a.m. All members were present except for Tom Offutt. The following items were discussed: ***Items Requiring Action*** 1. Bids for Demolition of the Interior of the Old Countv Court House - Approved The Director of Public Works presented the results ofthe bids for demolition of a portion of the interior of the Old County Court House. Based on the results of the bids (Attachment 1), we are recommending that a contract in the amount of$16,684.54 be awarded to Jennings Construction, Inc. An asbestos survey will be required prior to initiating demolition efforts. Consequently, a proposal was received from Triad Engineering, Inc. (Attachment 2) in the amount of $296.40 to perform the survey. If asbestos is located, removal will be required prior to commencing demolition. For budget purposes, we anticipate that the asbestos removal should be less than $2,000. A motion was made by Jim Vickers and seconded by W. Harrington Smith, Jr. to award the demolition contract to Jennings Construction, Inc. for $16,684.54 and authorize the asbestos survey by Triad Engineering, Inc. for $296.40 with a maximum expenditure of $2,000 for any asbestos removal. The motion was unanimously approved by the committee. Supplemental appropriations will be required to fund these expenditures. Board of Supervisors Meeting of 12/08/99 Minute Book Number 26 383 Upon motion made by Supervisor Orndoff, seconded by Supervisor Sager, the above contract and expenditure was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye ***Items Not Requiring Action*** 1. Personnel ReQuest from Buildinl: Official (Attachment 3) The Building Official presented a request to add an Inspector I position to his staff. The attached memorandum dated November 17, 1999, provides justification for this position. Considering that the position would be filled after January 1, 2000, only half of the required salary and fringe benefits would be needed in this fiscal year (99/00). This amount would be $17,788.50 which includes a $2,000 allowance for furniture and equipment. A motion was made by W. Harrington Smith, Jr. and seconded by George Ludwig to approve the addition of an Inspector I position. The motion was unanimously approved by the committee. 2. Proposed Fiscal Year 2000/2001 Bud!!ets (Attachment 4) The Director of Public Works presented the budgets for Fiscal Year 20001200 1. The attached summary presents the totals of each budget. A motion was made by George Ludwig and seconded by Jim Vickers to endorse the budget as presented. The motion was unanimously approved. The budget package will be forwarded to the Finance Department. 3. Executive Session An executive session was convened to discuss the acquisition of real estate. 4. Miscellaneous Renorts A. Tonnage Report (see Attachment 5) B. Recycling Report (see Attachment 6) C. Animal Shelter Dog Report (see Attachment 7) D. Animal Shelter Cat Report (see Attachment 8) FINANCE COMMITTEE REPORT The Finance Committee met in the First Floor Conference Room at 107 North Kent Street on November 17, 1999 at 8 :00 a.m. The Finance Committee recommended an approved consent agenda on items 4, 5, 6, 7 and 12. Committee member Anita L. Shull was absent. Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the items for approval under consent agenda were approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Board of Supervisors Meeting of 12/08/99 Minute Book Number 26 3.8;4 Robert M. Sager - Aye Charles W. Orndoff, Sf. - Aye The agenda items are as follows: 1. The Assistant County Administrator submits the Proposed Vehicle Replacement Policy for recommendation. Also attached is a current vehicle listing including total mileage of each county vehicle. See attached memo, p. 1-14. 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: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye Supervisor Shickle advised that this would be addressed during the budget cycle. 2. The Assistant County Administrator requests consideration of a cellular telephone purchase for the Virginia Juvenile Community Crime Control Act Coordinating Consultant. The cost of the telephone will be covered with grant funds through Juvenile and Domestic Relations Court Services, therefore, 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 Douglas, the above request was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye 3. The Assistant County Administrator requests a General Fund supplemental appropriation in the amount of $2.950. This amount represents Frederick County's share of the Wide Area Network located at the Joint Judicial Centef. The Assistant County Administrator also requests a General Fund supplemental appropriation in the amount of$34.847. This amount represents a carry forward to pay FY 1999 4th quarter expenditures in the current FY 2000 budget. See attached memo, p. 16. The committee recommends approval of the $2,950 appropriation, however, the $34,847 appropriation has been tabled awaiting further information. Approved. Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, $2,950 was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sf. - Aye 4. The Sheriff requests a General Fund supplemental appropriation in the amount of Board of Supervisors Meeting of 12/08/99 Minute Book Number 26 385 $9.057.12. This amount represents insurance reimbursements for vehicle accidents that have occurred in the current fiscal year and is requested to be appropriated to 3102-3004-000-002 Repair and Maintenance - Vehicle. No additional local funds are needed. See attached memos, p. 17-24. The committee recommends approval. - Approved Under Consent Agenda. 5. The Sheriff requests a General Fund supplemental appropriation in the amount of $500.00. This amount was received from the American Legion for the DARE program and is requested to be appropriated to 3102-5413-000-001 Drug Program. No additional local funds are needed. See attached memo, p. 25. The committee recommends approval. Approved Under Consent Agenda. 6. The Sheriff requests a General Fund supplemental appropriation in the amount of $249.19. This amount represents the department's share of a drug seizure and is requested to be appropriated to 3102-5413-000-007 Forfeited Property - Surplus. No additional local funds are needed. See attached memo, p. 26. The committee recommends approval. - Approved Under Consent Agenda. 7. The Director of Public Works requests a General Fund supplemental appropriation in the amount of $7.500. This amount represents unbudgeted litter grant funds and is requested to be appropriated to 4203-5415-000-000 Other Expenses - Recycling Grant. No additional local funds are needed. See attached memo, p. 27. The committee recommends approval. - Approved Under Consent Agenda. 8. The Director of Public Works requests a General Fund supplemental appropriation in the amount of$2.275. This amount, which is reimbursed by the state, represents the remaining balance on the Echo Village Sewer Upgrade Project. This appropriation was approved in FY 1999 and it is requested that the remaining balance be carried forward to FY 2000 for final payment. See attached memo, p. 28-29. 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: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye 9. The Director of Public Works requests a General Fund supplemental appropriation in the amount of $1.770. This amount, which is reimbursed by the state, is needed to reimburse the City of Winchester for the CSX Agreement Fee associated with the Echo Village Sewer Improvement Project. See attached memo, p. 30-31. 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: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye 10. The Director of Public Works requests a Library Fund supplemental appropriation in the amount of $302.974.83. This amount represents the remainder of the FY 1999 appropriation for design services for the Lakeside Library and needs to be carried forward for ongoing expenses. See Board of Supervisors Meeting of 12/08/99 Minute Book Number 26 386 attached memo, p. 32. The committee recommends approval. - Approved. 11. The Planning Director requests a General Fund supplemental appropriation in the amount of $32.590.89. This amount represents FY 1999 remaining funds and is requested to be carried forward for ongoing expenses for the preparation of the Route 37 Environmental Impact Study. See attached memo, p. 33. 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: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sf. - Aye 12. The Economic Development Director requests a General Fund supplemental appropriation in the amount of $300. This amount is a contribution that is requested to be appropriated to EDC's travel line item to help with costs. No additional local funds are needed. See attached memo, p. 34. The committee recommends approval.- Approved Under Consent Agenda. 13. The Economic Development Director requests a General Fund supplemental appropriation in the amount of $22.401.30. This amount represents carry forward amounts to various line items. See attached memo, p. 35-36. 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: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye 14. The Division of Court Services Director requests a Court Services Fund sUP1?lemental appropriation in the amount of $10.000. This amount represents unbudgeted grant funds received for part-time clerical support. The Director also requests a Court Services budget transfer in the amount of$2.800. This amount represents unspent funds in personnel line item 2112-1 00 1-000-005 Coordinator and is requested to be transferred to 2112-7002-000-000 Furniture and Fixtures to purchase needed office equipment and furniture. No additional local funds are needed. See attached memo, p. 37. The committee recommends approval. Approved. Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the above request was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sf. - Aye 15. The Division of Court Services Director requests a Court Services Fund supplemental appropriation in the amount of$l 0.000. This amount is needed to purchase a new telephone system for this office. No additional local funds are needed. See attached memo, p. 38. The committee Board of Supervisors Meeting of 12/08/99 Minute Book Number 26 387 recommends approval. Approved. Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the above request was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye 16. The School Finance Director requests a School Operating Fund supplemental appropriation in the amount of$57.449. This amount represents proceeds from the surplus sale held in July 1999 and is requested to be appropriated in the maintenance category. See attached memo, p.39-41. The committee recommends approval. Approved. Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the above req uest was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, JI. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, SI. - Aye 17. The School Finance Director requests a School Operating Fund supplemental appropriation in the amount of $65.251. This amount represents FY 1999 surplus obligated state mandated carry forwards. See attached memo, p. 39-41. 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: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye 18. The School Finance Director requests a School Operating Fund supplemental appropriation in the amount of $300.000. This amount represents FY 1999 unobligated surplus school operating funds and will be used for renovations and repairs on various schools. The committee recommends approval. Opposed: Richard C. Shickle. Approved. Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the above request was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Board of Supervisors Meeting of 12/08/99 Minute Book Number 26 388 Charles W. Orndoff, Sr. - Aye 19. The School Finance Director requests a General Fund supplemental appropriation in the amount of $157.208.60. This amount represents FY 1999 unobligated surplus school operating funds and will be used to replenish the school insurance reserve fund. See attached memo, p. 39-55. The committee recommends approval. - Approved. School Finance Director Patty Taylor, appeared before the Board to discuss these figures with Chairman Longerbeam. Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, the above request was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye 20. The Treasurer requests a General Fund supplemental appropriation in the amount of $3.000. This amount represents a carry forward and is needed to pay a Bright invoice for FY 1999. Reimbursement from the State Compensation Board was received for this expense in FY 1999. See attached memo, p. 56-57. 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: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye 21. The Sheriff requests a General Fund supplemental appropriation in the amount of $19.000.33. Of this amount, $9,448 equals state funds and $9,552.33 represents the local county match as well as a carry forward of grant monies for ADP Equipment that were not spent in FY 1999. See attached memo, p. 58. 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: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye 22. The Fremont Street Nursery requests a General Fund supplemental appropriation in the amount of$1.500. This amount represents their donation amount which was cut from the FY 2000 budget due to the prior closing ofthe nursery. Additional local funds are necessary. This item has been tabled awaiting further information. Board of Supervisors Meeting of 12/08/99 Minute Book Number 26 389 ** For Information Only ** 1. Attached is a letter of appreciation from the Tri-County Virginia O.I.C., Inc. for the $3,600 donation. See attached memo, p. 59. 2. Monthly financial statements for the month ending September 30, 1999 are included. See attached, p. 60-69. BOARD BREAKS FOR DINNER 7:15 P.M. PUBLIC HEARINGS PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 155. TAXATION: ARTICLE XIV. GENERAL BUSINESS LICENSE PROVISIONS. SECTION 155-76. PAYMENT: DELINQUENT PAYMENTS: LATE FILING: GRACE PERIOD. PARAGRAPH A. THE PURPOSE OF THE PROPOSED AMENDMENT IS TO DEFINE EXACTLY WHAT DATES INSTALLMENT PAYMENTS ARE TO BE PAID - APPROVED County Administrator Riley presented the following ordinance amendment request to the Board. BE IT ORDAINED, that Chapter 155, Taxation; Article XIV, General Business License Provisions, Section 155-76, Payment; Delinquent Payments; Late Filing; Grace Period; Paragraph A, to read as follows: CHAPTER 155 TAXATION ~155-76. Payment; Delinquent Payments; Late Filing; Grace Period A. The license tax or fee shall be paid with the application in the case of any license not based on gross receipts. If the tax is measured by the gross receipts of the business, the tax shall be paid on or before Apri11 in full unless the total tax exceeds $1,000. Taxes over $1,000 for any calendar year may be paid in quarterly installments upon application to the Treasurer of Frederick County for acceptance. The first of such installments will be due on April 1 for businesses filed on or before March 1. Businesses beginning after January 1 with licenses due after March 1 must pay their first installment with the application. Installment number two (2) shall be due June 30, installment number three (3) shall be due September 30, and installment number four (4) shall be due by December 30 of the year of the license. In the event a business with a total tax exceeding $1,000, that begins after January 1 with licenses due after March 1, starts after the due date of either installment two, three or four, then all installments that would be due on the date the business starts shall be due with the application. There was no public input. Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the above ordinance amendment was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shick1e - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye Board of Supervisors Meeting of 12/08/99 Minute Book Number 26 3110 PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 155. TAXATION: ARTICLE XVI. SPECIAL LICENSE PROVISIONS. SECTION 155-94. LICENSE FEE AND TAX: PARAGRAPH A.. BY THE DELETION OF NUMBER 3 AND THE AMENDMENT OF NUMBER 2. THE PURPOSE OF THE PROPOSED AMENDMENT IS TO BRING THE EXISTING CODE INTO COMPLIANCE WITH THE STATE MANDATE THAT BECAME EFFECTIVE JANUARY 1. 1999 - APPROVED County Administrator Riley presented the following ordinance amendment request to the Board: BE IT ORDAINED, that Chapter 155, Taxation; Article XVI, Special License Provisions, Section 155-94, License Fee and Tax; Paragraph A, to read as follows: CHAPTER 155 TAXATION ~155-94. License Fee and Tax A. Every person or business subject to licensure under this article shall be assessed and required to pay annually a fee for the issuance of such license as follows: 1. Gross receipts of $4,000 to $14,999 will owe a fee of$30. 2. GluM ''''''';l't6 0[$15,000 to $24,999 l'Vill oI'Ve a fc" vf$50. 2. Gross receipts of$15, 000 through $99,999.99 will owe afee of $50. J. GI055 lc,"";l'b 0[$25,000 M $99,999 l'Vill oI'Ve a fee of$IOO. There was no public input. Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the above ordinance amendment was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE. CHAPTER 155. TAXATION: BY THE ADDITION OF ARTICLE XXI. REAL ESTATE TAX SEPARATION: SECTION 155-136. PURCHASE OF A PORTION OF A TRACT OF REAL ESTATE: RELEASE OF LIEN UPON PAYMENT OF DELINOUENT TAXES. THE PURPOSE OF THE PROPOSED AMENDMENT IS TO ASSURE THE PURCHASER OF A PORTION OF A TRACT OF REAL ESTATE THAT HIS PORTION OF A PARCEL WILL NOT INHERIT A TAX LIABILITY THAT PRO PERL Y BELONGS TO ANOTHER SECTION OF AN ORIGINAL TRACT - APPROVED County Administrator Riley presented the following ordinance amendment request to the Board: Board of Supervisors Meeting of 12/08/99 Minute Book Number 26 391. BE IT ORDAINED, that Chapter 155, Taxation; Article XXI, Real Estate Tax Separation; Section 155-136, Purchase of a Portion of a Tract of Real Estate; Release of Lien Upon Payment of Delinquent Taxes, to read as follows: CHAPTER 155 TAXATION ARTICLE XXI REAL ESTATE TAX SEPARATION 9155-136. Purchase of Portion ofa Tract of Real Estate; Release of Lien Upon Payment of Delinquent Taxes Pursuant to Code of Virginia 58.1-3226.1 as amended, when an individual purchases or acquires a portion of a tract of real estate, the individual or treasurer may apply to the commissioner of the revenue, or the real estate assessor of this county in which the real estate is located, to determine the amount of any tax or assessment that is properly chargeable against such portion of real estate. The treasurer shall release such portion of real estate from any lien for delinquent taxes, upon receipt of payment for the total amount of taxes and penalty and interest due on such portion of real estate. There was no public input. Upon motion made by Supervisor Smith, seconded by Supervisor Orndoff, the above ordinance amendment was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye PLANNING COMMISSION BUSINESS PUBLIC HEARING - CONDITIONAL USE PERMIT #18-99 OF MICHAEL M. MILAM FORAN EXPANSION OF HIS LANDSCAPE CONTRACTORS' BUSINESS AND GARDEN CENTER (REF: PREVIOUSLY APPROVED CUP #012-97). THIS PROPERTY IS LOCATED AT 2186 NORTHWESTERN PIKE AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 52-A-B IN THE GAINESBORO MAGISTERIAL DISTRICT - APPROVED Planner I Mark Cheran presented this request to the Board, advising that staff and planning commission recommended approval with conditions. There was no public input. Upon motion made by Supervisor Shickle, seconded by Supervisor Smith, the above CUP #18-99, request was approved as presented by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Board of Supervisors Meeting of 12/08/99 Minute Book Number 26 392 Charles W. Orndoff, Sr. - Aye PUBLIC HEARING - CONDITIONAL USE PERMIT #24-99 OF RHODA KRIZ. TO EST ABLISH A BED AND BREAKFAST. THIS PROPERTY IS LOCATED AT 547 APPLE PIE RIDGE ROAD AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 42-A-206 IN THE GAINESBORO MAGISTERIAL DISTRICT - APPROVED Planner II Amy Lohr presented this conditional use permit to the Board noting that staff and planning commission recommended approval with conditions. Phil Farley, adjoining property owner, appeared before the Board advising that he had some concerns with transient people being in this bed and breakfast. He further advised that he wants to be a good neighbor, but he does not want to see a business in his neighborhood. Upon motion made by Supervisor Shickle, seconded by Supervisor Smith, CUP #24-99 was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARING - CONDITIONAL USE PERMIT #25-99 OF ANDREW REH TO ESTABLISH A COTTAGE OCCUPATION FOR AN ICE SCULPTING BUSINESS. THIS PROPERTY IS LOCATED AT 8068 VALLEY PIKE AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 91-1-A IN THE BACK CREEK MAGISTERIAL DISTRICT - APPROVED Planner II Amy Lohr presented this request to the Board, advising that staff and planning commission recommended approval with conditions. There was no public input. Upon motion made by Supervisor Sager, seconded by Supervisor Douglas, CUP #25-99 was approved as presented by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARING - REZONING #15-99 OF CHANNING DRIVE. SUBMITTED BY GREENWAY ENGINEERING. TO REZONE 354.3 ACRES FROM RA (RURAL AREAS) TO RP (RESIDENTIAL PERFORMANCE). AND 22.0 ACRES FROM. RA (RURAL: AREAS) TO B2 (BUSINESS GENERAL). THE PROPERTY IS LOCATED ON THE NORTH SIDE OF SENSE NY ROAD. ON BOTH SIDES OF BEAN'S POND LANE. AND ADJACENT TO THE BEDFORD VILLAGE. APPLE RIDGE. AND CARLISLE HEIGHTS SUBDIVISIONS. THIS SITE IS IDENTIFIED WITH Board of Supervisors Meeting of 12/08/99 Minute Book Number 26 393 PROPERTY IDENTIFICATION NUMBER 55-A-206. 209. 211. 213 AND 65-A-30. 31. 39. 40 IN THE STONEWALL MAGISTERIAL DISTRICT. THIS REZONING APPLICATION INCORPORATES (AND IS A CONTINUANCE OF) THE PREVIOUS APPLICATIONS: REZONING #05-99 OF GILES FARM. REZONING #06-99 OF SHEPPARD/FUTRAL. AND REZONING #07=99 OF L YNNEHA VEN WHICH WERE HEARD AT THE MARCH 3. 1999 PLANNING COMMISSION MEETING - APPROVED Assistant Planning Director Evan Wyatt presented this request to the Board advising that staff and planning commission recommended approval ofthis rezoning request. Mark Smith, of Greenway Engineering, appeared before the Board to discuss and answer any questions the Board might have. Chairman Longerbeam asked about the right-of-way on Channing Drive to Valley Mill. Mr. Smith advised that this has been worked out. Chairman Longerbeam asked Mr. Smith to summerize the proffers, being made available as part of the conditions, for this rezoning that totals approximately $6 million. Resident Engineer Jerry Copp, with Virginia Department of Transportation, appeared before the Board to address the two turn lanes advising that $30,000 would build the two lanes. Assistant Planning Director Evan Wyatt advised that there would not be any townhouses or apartments built at this location. The following citizens appeared before the Board to express their views on this request: Mr. Bean whose mother lives in the immediate area asked about the build out time of this project. Ben Dunn, adjacent property owner, had questions concerning the location of a school ifthis acreage is completely built out. He asked about parks and recreation involvement and whether roads would be in and complete as development progresses. He feels all monies realized through proffers should go back into this project. President of Top of Virginia Builders Bob Wells, appeared before the Board advising that that this organization endorses this plan. Marie Stroth, Secretary of Apple Ridge Homeowners Association, supporter of Friends of Frederick, and substitute teacher in county schools, appeared before the Board to request that this plan not be approved as this time. She stated that she felt the county had done a poor job of planning growth and also in planning ofthe need for county schools, especially in light of all the development that continues to take place in the county. Board of Supervisors Meeting of 12/08/99 Minute Book Number 26 394 Bill Christian, owner of property in Frederick County, even though he lives in Fairfax County, has moved his business here and he supports this plan. Richard Crane, area resident, supports this plan. He feels the Board has done a good job. Ben Butler, local attorney, appearing on behalf of Dave Madison and Greg Bancroft, local contractors, supports this plan, as do the owners of Eastern Frederick Development. Wayne Nicholson, Frederick Drive, is not in favor ofthis request, as he feels growth is out of control in Frederick County. Mark Hask representing a local subcontractor, recently moved into the area, endorses this plan. Eric Shengrass, county resident for fourteen years, feels this plan is very good, especially in light of all the developers are offering. Mark Miles, county resident for twenty years. He feels this plan has been done very well. Charles Barker, resident of the county for twelve years. He does not feel the number of permits addressed earlier is too many for this area and he feels this is a good plan. Darell Bean, explained to the Board where his mother is currently living, as it relates to this property, and he would like the Board, or staff, to explain to him about his mother's water rights, etc. Transportation Engineer with Virginia Department of Transportation Steven A. Melnikoff, advised the Board that they will be notified when the traffic count figure has been determined. Mark Smith advised the Board that what VDOT is requesting will be done. He further advised that the plan calls for the project to start on Senseny Road and work from that point, with a build out being occurring in six and seven years. Upon motion made by Supervisor Orndoff, seconded by Supervisor Sager, rezoning #15-99 was approved by the following recorded vote: James L. Longerbeam - Aye Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye BOARD TAKES A RECESS CHAIRMAN CALLS MEETING TO ORDER Board of Supervisors Meeting of 12/08/99 Minute Book Number 26 395 PUBLIC HEARING - REOUEST TO EXTEND SEWER SERVICE TO THE WHITFIELD SUBDIVISION. LOCATED ON THE EAST SIDE OF DOUBLE CHURCH ROAD (ROUTE 641). APPROXIMATELY 3/4 MILE SOUTH OF FAIRFAX PIKE (ROUTE 277) IN THE OPEQUON MAGISTERIAL DISTRICT AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 86A-2 AND 86A-3. ALL LOTS. (POSTPONED FROM SEPTEMBER 22. 1999 BOARD MEETING). - APPROVED Assistant Planning Director Evan Wyatt presented this request to the Board. Supervisor Sager questioned a statement made by the Health Department as to whether a certain area would perk. Jim Petry, representing J asbo, appeared before the Board to address any questions the Board might have. Supervisor Smith referred to a letter addressing failing septic systems in this sub-division advising that he was not aware of this. Ed Hamilton, resident of Whitfield Subdivision, appeared before the Board and advised this request was being done in order to develop seven lots. Sharon Catlett, resident of Whitfield Subdivision, appeared before the Board stating that she is totally opposed to this request. Herbert Painter, lives across from Whitfield Subdivision, and is totally opposed to this request. Dr. Bruce Welsh, area resident, asked the Board to make sure the appropriate system is installed. Supervisor Orndoff stated that this was not in the Urban Development Area, and he would like to know what the difference between this request and the request Chairman Longerbeam made of the planning staff at a recent meeting concerning farm land. Chairman Longerbeam explained the difference between his earlier request to the planning staff and the request that was before the Board at this time. Supervisor Shickle explained what he remembered when he was on staff with the county sanitation authority and when Whitfield Subdivision was developed. Supervisor Sager stated that approximately 15 years ago water was provided to this area; however, sewer was not, and there are failing systems in this area. Upon motion made by Supervisor Sager, seconded by Supervisor Shickle, the request to extend sewer service to the Whitfield Subdivision located on the East side of Double Church Road Board of Supervisors Meeting of 12/08/99 Minute Book Number 26 396 (Route 641) for seven lots only was approved by the following recorded vote: James L. Longerbeam - Abstained Richard C. Shickle - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Nay Robert M. Sager - Aye Charles W. Orndoff, Sr. - Nay BOARD OF SUPERVISORS COMMENTS Chairman Longerbeam thanked his fellow board members for all their assistance during these past eight years of his serving on the board of supervisors. He thanked his family for allowing him the time to serve in this capacity and also the staff at Crum Realty, especially Alice VanMeter, his secretary. He thanked John Riley and the county stafffor an outstanding job. He also thanked the citizens of Pre de rick County for allowing him this opportunity. UPON MOTION MADE BY SUPERVISOR SAGER, SECONDED BY SUPERVISOR ORNDOFF, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD THIS MEETING IS HEREBY ADJOURNED (TIME: 9:25 P.M.). J~~~ James L. LongerlJeam Chairman, Board of Supervisors ~~/ ..../~ / , ",,/,', Jo . Riley, Jr. Clerk, Board of Supervisors Minutes Prepared By: ~(JJ l ",1 '-r~' '1:",.;'0<-'--( 2j,~.4) Carol T. Bayliss Deputy Clerk, Board of Supervisors Board of Supervisors Meeting of 12/08/99 Minute Book Number 26