HomeMy WebLinkAboutJanuary 14, 1998 Regular Meeting
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A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday,
January 14, 1998, at 7:15 p.rn., 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; W.
Harrington Smith, Jr.; Charles W. Orndoff, Sr.; Robert M. Sager; and Margaret B. Douglas.
CALL TO ORDER
The Chairman called the meeting to order.
INVOCATION
The invocation was delivered by Reverend Douglas T. Ibach of the Presbyterian Parish of the
Valleys.
ADOPTION OF AGENDA
The County Administrator requested an executive session for the discussion of Personnel and
also the Acquisition and Disposition of Real Estate.
Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the agenda
was adopted as amended by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
CONSENT AGENDA
The County Administrator suggested the following tabs be approved under consent agenda:
1. Approval of Date for Public Hearing Items for Planning Commission - Tab D;
2. Constitutional Officer Week Proclamation - Tab E;
3. Request from Commissioner of the Revenue to Fill Vacant Position - Tab F;
4. Resolution Re: Westminster-Canterbury and Issuance of
Industrial Development Authority Revenue Bonds - Tab G;
5. Road Resolution - Westernview Subdivision - Tab 0;
6. Parks & Recreation Commission Report - Tab Q;
7. Emergency Communications Commission Report of:
Meeting of November 24, 1997
Meeting of December 15, 1997 - Tab R;
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8. Fire and Rescue Consolidation Committee - Tab S;
9. Landfill Oversite Committee - Tab T;
Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, the above
consent agenda was approved by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
CITIZEN COMMENTS:
Pat Gochenour, Shawnee District, totally opposed to Cardinal Glass locating in Frederick
County.
Charles Pierce, county resident opposed to Cardinal Glass locating in Frederick County.
Pat Clawson, resident of Clarke County, owns business in Frederick County, totally opposed
to Cardinal Glass locating in Frederick County.
The following citizens appeared before the Board in support offull funding for the proposed
Handley Library Satellite Building with construction being at the Lakeside site:
Phil Griffin, Vice Chairman, Handley Regional Library Board;
Trish Ridgeway, Director, Handley Library;
Richard W. Stephenson, Member of Regional Library Board;
Maxine Jacobin, Opequon District, Member of Regional Library Board;
Bruce Souders, County resident;
Peggy Hahn, Back Creek District, Member of Handley Regional Library Board;
Mary K. Armstrong, Back Creek District, Member of Handley Regional Library Board;
Jim Wilson, citizen member of County Public Works Committee, endorses construction of
library, but not at the Lakeside site.
John Zimmer, resident of Back Creek District;
Richard Crane, Stonewall District - Opposed to the amount of money being requested for
construction of library, feels it is too high.
Lisa Harbacevich, Opequon District, endorses the construction of new library.
The following citizens appeared before the Board to convey their comments on various
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matters:
Mr. Hamilton, Opequon District, Whitfield Subdivision, is opposed to sewer line being run
in the area of Double Churches Road, Route 641.
Paul Anderson, representing Farm Bureau, is concerned about Agricultural land being
developed, and asked the Board of Supervisors to endorses the Right To Farm Bill. He does support
the construction of the library.
John Stelze~ Opequon District, endorses what Paul Anderson said and further, he too, feels
the sewer line on Route 641 should not be extended.
MINUTES
Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the minutes
of the W orksession of December 2, 1997 were approved as presented by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., the
minutes of the Regular Meeting of December 10, 1997 were approved as presented by the following
recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, the minutes
of the Special Meeting of December 26, 1997 were approved as amended: on Page 2, it states that
Margaret B. Douglas was present on two of the roll call votes and should have read that she was
absent. The above motion was approved by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
MargaretB.Dou~as-Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
ORGANIZATION OF THE BOARD OF SUPERVISORS FOR 1998:
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Election of Vice-Chairman
Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., to
appoint Richard C. Shickle as the Vice-Chairman of the Board of Supervisors for 1998.
The above motion was passed by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sf. - Aye
Selection of Time and Place of Meeting
Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, to select the
second and fourth Wednesdays of each month, 7:15 P.M., in the Frederick County Administration
Building, 107 North Kent Street, Winchester, Virginia as the time and meeting place for the Frederick
County Board of Supervisors for 1998.
The above motion was passed by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Dou~as - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
Adoption of Rules of Order
Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, to adopt
Robert's Rules of Order as the Rules of Order for the Board of Supervisors for 1998.
The above motion was passed by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
Appointment of Parliamentarian
Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., to appoint
John R. Riley, Jr., County Administrator, as the Parliamentarian for the Board of Supervisors for
1998.
The above motion was passed by the following recorded vote:
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James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
Board Appointments to Various Boards. Commissions and Committees
Chairman ofthe Board of Supervisors, James L. Longerbeam, presented these appointments:
James L. Longerbeam: Industrial Development Authority and Joint Finance Committee.
W. Harrington Smith. Jr.: Chairman of the Finance Committee; Public Works Committee;
Personnel Committee; Joint Finance Committee; and Sanitation Authority Liaison.
Robert M. Sager: Chairman of the Law Enforcement & Courts Committee; Code &
Ordinance Committee; Social Services Board; Transportation Committee; and Planning Commission
Liaison.
Margaret B. Douglas: Chairman of the Personnel Committee; Law Enforcement & Courts
Committee; Parks & Recreation Commission; and Handley Regional Library Board Liaison.
Richard C. Shickle: Chairman of the Code & Ordinance Committee; Finance Committee; and
Fire and Rescue Association Liaison.
Charles W. Orndoff. Sr.: Chairman ofthe Public Works Committee; Agricultural Stabilization
Commission (A.S.C.) Liaison; Agricultural District Advisory Board Liaison; and the Extension
Leadership Council Liaison.
Reappointment/Appointment of Citizens to Various County Boards. Commissions and
Committees:
The following committee appointments were made:
Code and Ordinance
Stephen G. Butler
Michael Bryan
Patricia F. Scheder
Finance Committee
Anita Shull
Nicholas 1. Nerangis
(There will be an appointment made later to replace Michael Cundiff)
C. William Orndoff, Jr., Treasurer, Non-Voting Liaison
Law Enforcement and Courts Committee
Larry P. Coverstone
James L. Hockman
Vickie Wilkins
Donald S. Jackson
Personnel Committee
Margaret B. Douglas
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Paula Rind
Susie Pontiff
1. Michael Foster
Public Works Committee
George H. Ludwig
James T. Wilson
Thomas 1. Offutt, Jr.
James T. Vickers
COMMITTEE APPOINTMENTS
RICHARD CRANE. STONEWALL DISTRICT. APPOINTED TO SOCIAL
SERVICES BOARD TO FILL UNEXPIRED TERM OF PATRICIA STILES
Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, Richard Crane
was appointed to fill the unexpired term of Patricia Stiles on the Social Services Board. This term
will commence on January 14, 1998 and expire on June 30,2000.
The above motion was approved by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shiclde - Aye
Charles W. Orndoff, Sr. - Aye
LAUREN CARRIER. ASSISTANT COUNTY ADMINISTRATOR. APPOINTED TO
THE WINCHESTER-FREDERICK COUNTY LOCAL EMERGENCY PLANNING
COMMITTEE (LEPC) TO REPLACE TOM OWENS
Upon motion made by Richard C. Shiclde, seconded by Robert M. Sager, Lauren Carrier,
Assistant County Administrator, was appointed to the LEPC to replace Tom Owens who recently
resigned his position as Director of Fire and Rescue Services.
The above motion was approved by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shiclde - Aye
Charles W. Orndoff, Sr. - Aye
HAROLD NICHOLS' NAME SUBMITTED TO CmCUIT COURT JUDGE FOR
CONSIDERATION OF REAPPOINTMENT TO THE BOARD OF ZONING
APPEALS FROM OPEOUON DISTRICT
Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the name of
Harold Nichols, from Opequon District, will be submitted to the Circuit Court Judge for
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consideration of reappointment to the Board of Zoning Appeals.
Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the above
nomination was approved by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
PUBLIC HEARING DATE SCHEDULED FOR PLANNING COMMISSION ITEMS-
APPROVED UNDER CONSENT AGENDA
The following items will be scheduled for public hearing for the January 28, 1998 Board
Meeting:
1. CUP #020-97 of Shenandoah Mobile Co.
2. CUP #021-97 of Shenandoah Mobile Co.
3. CUP #022-97 of Shenandoah Mobile Co.
4. CUP #023-97 of Shenandoah Mobile Co.
5. CUP #024-97 of Shenandoah Mobile Co.
PROCLAMATION (#003-98) RE: CONSTITUTIONAL OFFICER WEEK -
APPROVED UNDER CONSENT AGENDA
JANUARY 18-24, 1998 AS CONSTITUTIONAL OFFICER WEEK
WHEREAS, Article VII, Section 1, of the Constitution of Virginia provides for the direct
election oflocal officials charged with the critically important duties of maintenance of public records,
operation of the circuit courts, prosecution of criminals, protection of public safety, and
administration and collection of local revenues, and
WHEREAS, Frederick County's Constitutional Officers: Treasurer, Sheriff,
Commonwealth's Attorney, Commissioner of the Revenue, and Clerk of the Circuit Court, continue
a tradition oflocal administration of government functions that predates the American Revolution,
and
WHEREAS, Frederick County's constitutional officers and employees provide the people
of Frederick County with a direct link to their government at the local level, unfiltered by bureaucracy
and responsive to citizens needs, and
WHEREAS, Frederick County's constitutional officers embody Thomas Jeffersons ideal
government close to the people and answerable directly to the people at the ballot box, and
WHEREAS, as Frederick County's constitutional officers approaches the 21 st century, far
from being a mere historical curiosity, are in fact setting new standards of customer service,
innovative service delivery, and responsiveness that public servants across the Commonwealth would
do well to emulate.
NOW, THEREFORE, BE IT RESOLVED, the Frederick County Board of Supervisors,
proclaim the week of Lee-Jack son-King holiday, January 18-24,1998, as Constitutional Officer Week
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in Frederick County, and
BE IT FURTHER RESOLVED, that the Frederick County Board of Supervisors urge
Frederick County citizens to familiarize themselves with the service provided by Frederick County's
Constitutional Officers, and
RESOLVED FINALLY, that the Clerk of the Frederick County Board of Supervisors
transmit copies of this resolution to Treasurer C. William Orndoff, Jr., Sheriff Robert T. Williamson,
Commonwealth's Attorney Lawrence R. Ambrogi, Commissioner of the Revenue Ellen E. Murphy
and Clerk of the Circuit Court Rebecca P. Hogan.
REOUEST FROM COMMISSIONER OF THE REVENUE TO FILL VACANT
POSITION - APPROVED UNDER CONSENT AGENDA
The Commissioner of the Revenue requests permission to fill the vacancy of Clerk II. The
previous Clerk II transferred to the opening in the Finance Department.
RESOLUTION (#015-98) RE: WESTMINSTER-CANTERBURY AND ISSUANCE
OF INDUSTRIAL DEVELOPMENT AUTHORITY REVENUE BONDS -
APPROVED UNDER CONSENT AGENDA
WHEREAS, the Industrial Development Authority of the County of Frederick, Virginia
(Authority), has been asked by Westminster-Canterbury of Winchester, Inc. (Westminster-
Canterbury) to hold a public hearing on the issuance of revenue bonds by the Industrial Development
Authority of the City of Winchester (Winchester Authority) in an amount not to exceed $35,000.00
(Bonds) to (a) refund the Winchester Authority's Replacement Bonds (Westminster-Canterbury) of
Winchester, Inc.), Series 1991, issued on September 11, 1991 for the purpose of refunding the
Winchester Authority's Residential Care Facility First Mortgage Revenue Bonds (Westminster-
Canterbury of Winchester, Inc.), Series 1985, issued on July 1, 1985 for the purpose of financing the
acquisition, construction and equipping of a residential and health care center located at 300
Westminster-Canterbury Drive, Winchester, Virginia, a portion of which is located in the City of
Winchester, Virginia and a portion of which is located in Frederick County, Virginia (the Facility),
(b) finance the construction and equipping of a three story building on the grounds of the Facility to
be located wholly within Frederick County, Virginia, consisting of approximately 48 assisted living
units, a memory impairment day program and other related facilities (the Assisted Living Project),
(c) finance the costs of renovations to the Facility's Health Center, including the conversion of semi-
private nursing care and personal care units to private units, (d) fund a debt service reserve fund in
connection with the bonds and (e) pay a portion of the costs of issuance associated with the bonds,
and has held a public hearing on January 7, 1998;
WHEREAS, section 147 (f) of the IntemaI Revenue Code of 1986, as amended ("the Code")
provides that the governmental unit having jurisdiction over the area in which any facility financed
with the proceeds of private activity bonds is located must approve the issuance of the bonds;
WHEREAS, section 15.2-4905 of the Industrial Development and Revenue Bond Act,
Chapter 49, Title 15.2, Code of Virginia of 1950, as amended ("Act"), provides that if a locality has
created an industrial development authority, no industrial development authority created by a second
locality may finance a facility located in the first locality unless the governing body of such first
locality concurs with the inducement resolution adopted by the industrial development authority
created by the second locality;
WHEREAS, the Assisted Living Project and a portion of the Facility are located in the
County of Frederick, Virginia ("County") and the Board of Supervisors of the County ("Board") has
created an industrial development authority and constitutes the highest elected governmental unit of
the County;
WHEREAS, the Authority has recommended that the Board approve the issuance of the
Bonds; and
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WHEREAS, a copy of the Authority's resolution, the Winchester Authority's resolution, a
certificate of the public hearing and a Fiscal Impact Statement have been filed with the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
THE COUNTY OF FREDERICK, VIRGINIA:
1. The Board approves the issuance of the Bonds for the benefit of Westminster-Canterbury,
as required by Section 147(f) of the Code and Section 15.2-4906 of the Code of Virginia of1950,
as amended ("Virginia Code").
2. The Board concurs with the resolution adopted by the Industrial Development Authority
of the City of Winchester and approves the issuance of the Bonds by the Industrial Development
Authority of the City of Winchester for the benefit of Westminster-Canterbury as required by Section
15.2-4905 of the Act.
3. The approval of the issuance of the Bonds does not constitute an endorsement to a
prospective purchaser of the Bonds of the creditworthiness of the Project or Westminster-Canterbury.
4. Pursuant to the limitations contained in Temporary Income Tax Regulations Section
5f.l03-2(f) (1), this resolution shall remain in effect for a period of one year from the date of its
adoption.
5. This resolution shall take effect immediately upon its adoption.
Adopted by the Board of Supervisors ofthe County of Frederick, Virginia, this 14th day of
January 1998.
CONSTRUCTION CONTRACT FOR COUNTY PUBLIC SAFETY
COMMUNICATIONS CENTER AWARDED TO H&W CONSTRUCTION WITH
TOTAL COST NOT TO EXCEED $504.000 - APPROVED
Director of Public Safety Communications, John Webb, presented this request to the Board
and explained that the low bid submitted by H&W Construction came in over the amount allotted for
the construction of this project; therefore, he was requesting a transfer of funds in the amount of
$250,000 to cover this construction cost.
Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the above
transfer request in the amount of $250,000 was approved with the understanding that this
construction project was not to exceed $504,000.
The above motion was approved by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
PUBLIC HEARINGS:
PUBLIC HEARING - PROPOSED AMENDMENTS TO THE FREDERICK
COUNTY CODE. CHAPTER 155. TAXATION. ARTICLE III. SENIOR CITIZENS
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AND DISABLED PERSONS EXEMPTION: TO AMEND SECTION 155-18.
OUALIFICA TIONS FOR EXEMPTION. PARAGRAPHS E AND F: AND SECTION
155-20. CALCULATION OF AMOUNT OF EXEMPTION. THE PURPOSE OF
THESE PROPOSED AMENDMENTS IS TO COINCIDE WITH THE NEW
MAXIMUM INCOME REOUIREMENTS AS PROVIDED IN THE STATE
ENABLING LEGISLATION IN ORDER TO OUALIFY FOR TAX RELIEF FOR
THE ELDERLY-APPROVED
County Administrator, John Riley, Jr., presented this request to the Board.
BE IT ORDAINED, that Chapter 155, Taxation; Article III, Senior Citizens and Disabled
Persons Exemption; to Amend Section 155-18, Qualifications for Exemption, Paragraphs E and F;
Section 155-20, Calculation of Amount of Exemption, to read as follows:
~155-18.
Qualifications for ExemDtion.
E. The gross combined income from all sources of such claimant owner or owners of
such dwelling living therein and oftheir relatives living in such dwelling for the immediately preceding
calendar year does not exceed the sum oflwenty-five thou~alld dollA15 ($25,000) thirty thousand
dollars ($30,000) in the case of exemption claimants, provided that the first seven thousand five
hundred dollars ($7,500) of any income received by any claimant owner as permanent disability
compensation shall not be included in such total, and provided that the first six thousand five hundred
dollars ($6,500) of income of each relative, other than spouse of such claimant owner or owners, who
is living in such dwelling shall not be included in such total.
Such gross combined income of the claimant owner or owners shall not include
up to fifty thousand dollars ($50,000) of life insurance proceeds pain upon the death of one of
such owners and payable to the spouse, nor shall it include proceeds from increased debt from
extension of mortgages or life insurance proceeds of the claimant owner or owners.
Any income used in the calculation of tax relief under this chapter shall include
all and any income of the claimant owner or owners of such dwelling and of their relatives
living therein, as set forth in this chapter, regardless of whether an income tax return was filed
or was required to be filed.
F. The net combined financial worth of such claimant owner or owners and of their
relatives living in such dwelling as of December 31 of the year immediately preceding the taxable year
for which the exemption is claimed, does not exceed !.iAty five thou!.and dollc11s ($65,000). one
hundred thousand dollars ($100,000). "Net combined financial worth" shall include the value of
all assets, including equitable interests, exclusive of the fair market value ofthe dwelling for which
exemption is claimed and of the land not exceeding one (1) acre upon which it is situated. Furniture,
fixtures, and appliances in such exempt residence shall also be excluded from the net worth
calculation providing they are normal and reasonable to the use and maintenance of the
property as the residence of the qualifying owner or owners. Net worth is computed by
subtracting liabilities from assets.
~155-20.
Calculation of amount of exemntion.
The amount of the exemption granted pursuant to this Article shall be a percentage of the real
estate tax assessed for the applicable taxable year in accordance with the following scale:
Total Combined Income
Percentage of Exemption
$0 to $8,000 $0 to $10,000
$8,001 to $11,000 $10,001 to $14,000
$11,001 to $14,000 $14,001 to $17,000
$14,001 to $17,000 $17,001 to $20,000
$17,001 to $20,000 $20,001 to $25,000
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$20,001 to $25,000 $25,001 to $30,000
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Upon motion made by Richard C. Shickle, seconded by Robert M. Sager, the above ordinance
amendment was approved by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
PUBLIC HEARING - REOUEST FROM SHERIFF'S DEPARTMENT FOR BUREAU
OF JUSTICE ASSISTANCE GRANT - APPROVED
Sheriff, Robert Williamson, presented this request to the
Board.
This is a one time grant in the amount of$15,242.00 for the purpose of reducing crime and
improving public safety within our community.
Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the above
request was approved by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
PLANNING COMMISSION BUSINESS:
PUBLIC HEARINGS:
PUBLIC HEARING - CONDffiONAL USE PERMIT #010-97 OF T. P. AND SUSAN
GOODMAN TO CONDUCT THE FOLLOWING ACTIVITIES: SOCIAL CENTER.
CATERED FUNCTIONS. TOURS. MEETINGS. OUTDOOR RECREATION. ETC.
THE PROPERTY IS LOCATED AT 534 REDBUD ROAD AND IS IDENTIFIED
WITH PROPERTY IDENTIFICATION NUMBER 54-A-87 IN THE STONEWALL
MAGISTERIAL DISTRICT - POSTPONED FOR 60 DAYS
Eric Lawrence, planner II, once again presented this CUP request to the Board. He explained
that nothing had been received from Virginia Department of Transportation or the State Health
Department with regard to any type of approvals concerning this CUP.
Pat Goodman addressed the Board and once again told the Board of what his plans were for
this location.
Nancy Crowan, caterer, who provides all food and drink for the various events that take place
at Hackwood appeared before the Board and explained her involvement with this operation.
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John Good, Gainesboro District, addressed the Board stating that he had attended various
events at Hackwood and he felt this type of operation was good for the county.
Ruth McBride, resident Redbud Road, complained of the problems with traffic and did not
feel this location was suited for events of this type based on the amount of traffic that would be
generated.
Mary 1. Williams, resident of Frederick County, in addition to having a business in the county
had her wedding reception at Hackwood and feels this type of business is needed in Frederick
County.
Joe Vacual, resident of Frederick County, is planning on having his wedding reception at this
location in June.
Mr. Goodman asked if this CUP could be extended until June 31?
Kris Tierney, planning director, advised the Board that he had spoken with VDOT staff and
based on that conversation he would say a six month extension would be unacceptable.
Mr. Goodman stated that he would deal with VDOT.
Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., there
will be no extension of this CUP; however, this request will be postponed for sixty days.
The above motion was approved by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
PUBLIC HEARING - CONDffiONAL USE PERMIT #018-97 OF THOMAS A. AND
KIM L. HAZARD FOR THE MANUFACTURE AND ASSEMBLY OF MAGIC
PROPS. mE PROPERTY IS LOCATED AT 949 CANTERBURG ROAD IN
STEPHENS CITY. AND IS IDENTIFIED WIm PROPERTY IDENTIFICATION
NUMBER 92-A-72B IN mE OPEOUON MAGISTERIAL DISTRICT - APPROVED
Mike Ruddy, planner II, presented this request to the Board, noting that staff and planning
commission recommended approval with conditions.
There was no public input.
Upon motion made by Robert M. Sager, seconded by Richard C. Shickle, the above CUP
#018-97 was approved by the following recorded vote:
James L. Longerbeam - Aye
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W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
PUBLIC HEARING - REZONING APPLICATION #005-97 OF Co L. ROBINSON
CORPORATION TO REZONE 26.895 ACRES FROM RA (RURAL AREAS) TO RP
(RESIDENTIAL PERFORMANCE). mIS PROPERTY IS LOCATED AT mE
WEST SIDE OF MERRIMAN'S LANE (ROUTE 621) AT WINCHESTER &
WESTERN RAILROAD CROSSING AND EAST OF ROUTE 37.
APPROXIMATELY 1.100' SOUTH OF BRECKENRIDGE LANE. AND IS
IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 53-A-88 IN mE
BACK CREEK MAGISTERIAL DISTRICT - DENIED
Chairman Longerbeam announced that he would be abstaining from any discussion or vote
on this rezoning application due to a possible conflict. He turned the Chair over to Vice Chairman,
Richard C. Shickle at this time.
Evan Wyatt, assistant planning director, presented this request to the Board noting that staff
and planning commission recommended approval with consideration of proffering.
Steve Gyurisin ofG. W. Clifford & Associates, appeared before the Board asking that they
approve this rezoning request.
Richard Pifer, resident of Merriman's Lane, appeared before the Board requesting that this
be denied until the roads in this area have been upgraded to handle the additional traffic that this type
of subdivision would generate.(letter from Mr. Pifer addressing this rezoning application is on file in
the office of the County Administrator.)
Board Member Robert Sager endorsed what Mr. Pifer said in that the roads cannot support
any additional traffic.
Board Member Margaret Douglas moved for approval stating that she had spoken with
planning commission members and they had recommended approval.
There was no second to the Douglas motion; therefore the motion died.
Chairman Longerbeam Takes Back the Chair.
PUBLIC HEARING - PROPOSED AMENDMENTS TO mE FREDERICK
COUNTY CODE. CHAPTER 165. ZONING: ARTICLE IV. SUPPLEMENTAL USE
REGULATIONS. SECTION 165-23. SETBACK REQUffiEMENTS: SECTION 165-
27. OFF-STREET PARKING: PARKING LOTS: SECTION 165-29. MOTOR
VEIDCLE ACCESS: SECTION 165-30. SIGNS: SECTION 165-35. NUISANCES:
SECTION 165-47. LANDFILLS. JUNKYARDS. TRASH DISPOSAL AND
INOPERABLE VEIDCLES: AND SECTION 165-48.7. UTILITIES: AND ARTICLE
XXI. DEFINITIONS. THE PROPOSED AMENDMENTS ESTABLISH
DEVELOPMENT DESIGN STANDARDS THAT ARE INTENDED TO ENHANCE
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THE OUALITY OF DEVEWPMENT PROJECTS - POSTPONED INDEFINITELY
Assistant Planning Director, Evan Wyatt, presented this request to the Board and advised that
some concerns had been expressed to him and he asked the Board if perhaps they would like to
postpone these amendments until a later date.
The Board felt the public hearing should proceed.
The following citizens appeared before the Board to oppose these amendments:
John Good, Gainesboro District representing Farmers Livestock Exchange, feels amendments
are not advertised in a way that the general public can understand what is being discussed.
David Kohler, owner of county business, does not feel this is too extreme. Feels staff and
business owners need to work together.
Mike Kehoe, Stephens City Administrator, explained that Stephen City is concerned about
Route 11 North and South as they want corridor conservation.
Jim Emmart representing Northern Virginia Petroleum Association, endorsed what John
Good had said. He feels these amendments are very extreme and asked the Board to vote NO or to
at least table this matter for six months.
Bob Claytor, Funkhouser Petroleum, feels this impacts a number of businesses in the county
and asked the Board to vote NO or to at least table for six months.
Thomas A. Schultz Jr., local attorney, representing Holtzman Oil stated that it was his
understanding that most of the businesses were not aware of this ordinance change. Asked Board
to either vote no or at least to postpone.
Jack Kelley, representing Ed Edwards Sign Company, feels cost of development has raised
significantly.
Bob Brown, representing Bauserman Oil, feels this is excessive and asked that it be
postponed.
Tommy Kremer, Kremer Oil, supports what has been said up to this point in opposition to
these amendments.
Richard Hardison, joint property owner of land on Route 11. Concerned about what
happens if these amendments do nothing to help the businesses already established.
Susan Galbraith, county resident, endorses this ordinance amendment as she feels both he
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City and County need to have a better ordinance on the books.
Following discussion between Board members it was their consensus that this ordinance
amendment needed additional work by staff.
Upon motion made by Robert M. Sager, seconded by Margaret B. Douglas, this ordinance
amendment is postponed for an indefinite time in order that staff might meet with those concerned
business owners for further discussion and work on this amendment before bringing it back to the
Board.
The above motion was approved by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sf. - Aye
BOARD RECESSES
The Board recessed for 10 minutes.
PUBLIC HEARING - PROPOSED AMENDMENT TO THE FREDERICK COUNTY
COMPREHENSIVE POLICY PLAN TO EXPAND THE FREDERICK COUNTY
URBAN DEVELOPMENT AREA (UDA) TO INCLUDE A 42.5 ACRE TRACT OF
LAND LOCATED SOUTH OF FAIRFAX PIKE (ROUTE 277) AND EAST OF
DOUBLE CHURCH ROAD (ROUTE 641) -DENIED
Douglas Harold, local attorney, representing the estate of Preston E. Conner, Sr., appeared
before the Board on behalf of this request wherein he asked the Board to approve the expansion of
the Urban Development Area to include a 42.5 acre tract that belongs to the estate.
Paul Anderson, Back Creek District, asked that the Board deny this request as he felt this is
development encroaching on farm land.
John Stelzel, Opequon District, read letter from Eddie Hamilton, also from the Opequon
District, who had to leave to go to work due to the late hour who is opposed to this request because
of all the additional traffic that would be added to the already overcrowded roads in this area.
Kenneth Wymer, area resident, is opposed to this request.
Herbert Painter, resident of Route 641, asked Board to vote no on this request.
Sarah Stelzel, area resident, feels that the rapid urbanizing of roads in this area could in no
way handle any additional development.
Upon motion made by Robert M. Sager, seconded by Richard C. Shickle, the above request
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for Urban Development Area Expansion request was denied by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
End of Planning Commission Public Hearings.
ROAD RESOLUTION - WESTERNVIEW SUBDIVISION - APPROVED UNDER
CONSENT AGENDA
ROUTE 37 WEST INTERCHANGE AT WINCHESTER MEDICAL CENTER-
APPROVED UNDER CONSENT AGENDA
The Board of Supervisors adopted the Route 37 West Land Use Plan in October 1997. This
plan accommodates future land use changes to allow for business uses on the western side of Route
37, adjacent to the Winchester Medical Center (WMC). The plan also provides for a collector road
network that enables access from Route 522 North to Route 50 West, with a connection to the
medical center's proposed interchange on Route 3 7 West.
A key element of the collector road network is a proposed interchange on Route 37 west.
This interchange is presently part of the Winchester Medical Center's master plan. The WMC
proposed that the interchange be constructed to service the WMC property on the eastern side of
Route 37. In fact, the WMC has proffered that the interchange be constructed to service an increase
in traffic on the WMC campus.
At issue before the County is that the WMC has only proffered to design and construct the
interchange to accommodate access to the eastern side of Route 37 to serve the WMC campus;
western access, (i.e., access into the county), has not been proposed. Therefore, the County will need
to initiate discussions with the WMC and the Virginia Department of Transportation to gain
assurances that the interchange is accessible by the County.
Staff has identified the following issues that require the Board of Supervisor's attention:
1. The County should request a break in limited access on Route 37 West. This action
would enable the interchange to provide access to the west, into the County.
2. The County should work with the Winchester Medical Center to guarantee that the
interchange is designed to accommodate future access to the west. The WMC is
preparing to design the interchange solely for access from Route 37 onto the medical
campus, as has been proffered. This design does not accommodate access into the
County. It would be prudent to design the interchange so that access into the County
could be easily implemented at some time in the future; design the interchange today,
construct the County access portion as traffic warrants.
Staff believes it is important that the County make a formal request to the Virginia
Department of Transportation to gain a break in limited access on Route 37 West. This request may
be made by submitting our request in writing to Jerry Copp, the VDOT Resident Engineer in
Edinburg.
End of Planning Commission Business.
COMMITTEE REPORTS:
PARKS AND RECREATION COMMISSION - APPROVED UNDER CONSENT
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AGENDA
The Parks and Recreation Commission met on December 9, 1997. Members present were:
Robert Roper, Cheryl Swartz, Jane Vickers, Robert Hartman, Charles Sandy, Margaret Douglas.
The following items were discussed and submitted for the boards information only:
1. Cosponsored Youth Leal!ue Fee Waiver Request
Mr. Sandy moved to accept the request, seconded by Ms. Vickers, carried unanimously (4-0).
2. Athletic Field Use Policv Update
Ms. Vickers moved to accept the policy update, seconded by Mr. Hartman, carried
unanimously (4-0).
3. FY 1998-99 Budl!et Request
Mr. Sandy moved to accept the FY 1998-99 budget, seconded by Ms. Vickers, carried
unanimously (4-0).
4. FY 1998-99 Recreation Division Supplemental Budl!et Request
Mr. Hartman moved to go forward with the Recreation Division supplemental request,
seconded by Ms. Vickers. The motion carried by a vote of 4-1 (opposed: Robert Roper).
5. FY 1998-99 Parks Division Supplemental Budl!et Request
Ms. Vickers moved to go accept the Parks Division supplemental request, seconded by Mr.
Sandy, carried unanimously (4-0).
6. Field Rouse Report
Ms. Swartz moved to have the staff explore the option of a joint venture with the City of
Winchester for the Field House project, seconded by Ms. Vickers, carried unanimously (4-0).
EMERGENCY COMMUNICATIONS COMMISSION REPORT - MEETING OF
NOVEMBER 24. 1997 - APPROVED UNDER CONSENT AGENDA
The Frederick County Emergency Communications Commission met on Monday, November
24, 1997, at 4:30 p.m. Present were Commission Members Chairman Robert Sager, Frank Spurr,
Jr., H. Perry Silva, and Sheriff Robert Williamson. Also present were Public Safety Communications
Director John Webb, Fire and Rescue Director Tom Owens, and members of the media.
The following items were discussed and presented to the board for information only:
1. Communication Director's Report
A. Dispatcher Hirinl!
Mr. Webb let the commission know that county personnel extended an offer to two
dispatchers with the city and both have accepted. Cathy Dunn starts on December 8, 1997, and
Ginger Whitaker on December 16, 1997. They will hold retesting on January 6, 1998.
Old Business
1. Winchester Upl!rade
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At the request of the commission, a copy ofa letter sent to Chief Miller is attached to the
minutes, and a subsequent letter was received as a response. The letter included a detailed
breakdown of costs involved in the upgrade. It is Mr. Webb's understanding at this point, he and Mr.
Owens will review the letter and get back to Chief Miller. The commission held discussion on the
Wmchester upgrade. Tom Owens stated that what John Webb and he had tried to convey to Chief
Miller is that the sense, they had received from the commission, is the city's original proposal of a
seven-year life expectancy to create a montWy share was not equitable. Perry Silva asked Mr. Spurr
when his upgrade report would be ready? Mr. Spurr passed out an Interconnection Layout for the
Frederick County's Emergency Communications System. There are a couple of minor items that are
not reflected. It should be complete in about two weeks. The commission held discussion on a
layout.
2. General Work Plan
Mr. Spurr requested this item was be placed on the agenda. Mr. Webb went through the plan
with the architect. Mr. Sager believed this is being done with the RFP's and IFB's, and with John's
schedule. Mr. Webb has a perk chart designed to show when all crucial items need to be done.
Commission held discussion. Mr. Webb will develop a perk chart for the commission.
Mr. Owens and Mr. Silva asked about the radio frequencies licensing. Mr. Spurr responded
that the licensing would be in the county's name. Mr. Owens stated he didn't recall the county being
the filing name, he thought it was Fire & Rescue Association's preference to have it remain in the
name of the association. All licenses currently used are in the association name. The commission
held a discussion deciding that the license is to be applied for under the Fire & Rescue Association
name and if any problems or delays develop it will be reapplied for under Frederick County.
New Business
1. Work Session
Mr. Sager wanted comment from the Commission if they felt they wanted or needed a work
session. Mr. Spurr wanted an executive session. Mr. Silva was not sure if it was worth the time to
have a work session since he has instant contact with John Webb via the telephone and Mr. Webb
keeps him in the picture. Toms Owens said John Webb and he are in constant contact, making him
aware of any issues that might arise. Sheriff Williamson and Mr. Silva concurred. Mr. Webb asked
Mr. Sager for clarification with respect to management and oversight. How involved does the
commission wish to be in day to day operations? Mr. Sager responded by saying he does not think
the Commission is here to micro manage. All of its members need to be informed but as far as the
day to day operations are concerned, what you do and how you do it, is up to you. I want to be
appraised of things that pertain to the commission but other than that I do not need to know. Sheriff
Williamson stated he is not into micro management either and he has a lot of confidence in Johns
ability. After lengthy discussion it was decided not to have a work session.
la. Future Meetinl! Dates
The commission held a discussion regarding changing the meeting date and frequency of it.
Mr. Webb indicated it would be his intent to come to the commission with anything major, such as
a large RFP going out. The Commission decided to set the next meeting date on January 12, 1998,
at 4:30 p.m., and once a month after that. If an item should require attention from the Commission
they could call a special session and it was agreed by all that they would call one on an as needed
basis.
2. FY 98/99 Budl!et Planninl!
Mr. Webb is completing the process and solicited the commission to see ifthere are items they
would like to see included in next years budget.
Meetinl! Date
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The next meeting of the Commission will be on January 12, 1998 at 4:30 p.m..
EMERGENCY COMMUNICATIONS COMMISSION REPORT - MEETING OF
DECEMBER 15. 1997 - APPROVED UNDER CONSENT AGENDA
A special meeting of Frederick County's Emergency Communications Commission was called
to order by Chairman Robert Sager on December 15, 1997. Commission members present: Chairman
Robert Sager, Sheriff Robert Williamson, and Perry Silva. Also present: Public Safety
Communications Director John Webb; Fire and Rescue Director Tom Owens; Charles Swartz, of
Reader & Swartz, Architect; and members of the media.
The following items were discussed and submitted for the boards information only:
1. Communication Director's Report
Charles Swartz, representing Reader and Swartz, Architects, presented the final plans of the
Emergency Operations Center to the Commission and with their approval of the plans release the
construction IFB this week. The department is in the process of prequalirying five bidders. They held
a discussion and question period.
Old Business
1. Winchester Up!!rade
Mr. Owens and Mr. Webb introduced several suggestions for discussion concerning the
upgrade. Mr. Webb and Mr. Owens felt that the city's plan to amortize over 84 months was unrealis-
tic. The life span of the equipment should be far more than they anticipate. Ifwe would amortize
over a ten-year period with our payment being 25% of that amount, it would be more equitable. The
cost would be approximately $577 a month.
New Business
1. FY 98/99 Bud!!et
Mr. Webb said he submitted the FY 98/99 budget on December 12, 1997. Moving funds from
one line item to another to cover the cost of reclassification.
Meetin!! Date
The next meeting of the Emergency Communications Commission will be on January 12,
1998, at 4:30 p.m.
FIRE AND RESCUE CONSOLIDATION COMMITTEE REPORT - APPROVED
UNDER CONSENT AGENDA
LANDFILL OVERSITE COMMITTEE - APPROVED UNDER CONSENT AGENDA
A Landfill Oversight Committee meeting was held on December 8, with the following
members/personnel in attendance: John R. Riley, Jr., Charles W. Orndoff, Sr. and Jim Wilson
representing Frederick County; Gary Lofton and Craig Sewell representing the City of Winchester;
David Ash representing Clarke County; Steve Frye, landfill manager; Ron Kimble, environmental
technician; and Ed Strawsnyder, director of public works for Frederick County.
A copy of the meeting agenda is attached. Based on this agenda, the following discussions
and/or recommendations were made:
1. Construction DemolitionlDebris (CD>>) Landfill Tippin!! Fee
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During the presentation of the revenue projections for the proposed FY 98/99 budget, a
tipping fee of $32 dollars per ton was recommended by Ed Strawsnyder for the new CDD landfill.
After discussing the pros and cons of this rate, a motion was made by Gary Lofton and seconded by
Charles W. Orndoff to adopt a tipping fee of$32 dollars per ton for the new CDD landfill. This rate
will be evaluated at the end of one year to determine if it needs to be adjusted to reflect the actual
percentage ofCDD refuse and/or the actual cost impact on the development and operation of the
landfill.
This rate will be presented to the various governing bodies for their review and action.
2. Proposed FY 98/99 Bud2:et
A landfill budget of$4,061,557 was presented by Ed Strawsnyder for FY 98/99. This budget
was based on a projected revenue of$4,061,557 with a resulting contingency of $682,543 (difference
between the projected revenue and expenditures). The following line items were highlighted during
the budget presentation:
1005 - Extra Help Overtime ($55.005)
This line item was increased to cover the cost of additional part-time labor in the scale house
to weigh and inspect trucks, at the citizen convenience area to monitor and enforce refuse segregation
and at the brush pile to discourage illegal dumping.
3002 - Professional Services ($328.500)
This line item includes budget costs related to surveying, sampling and testing groundwater
and surface water, permitting and designing landfill gas systems and engineering support related to
landfill expansion and landfill closures.
3010 - Other Contractual Services ($166.330)
Other contractual services includes budget costs for the household hazardous waste days
($50,000), contracted brush grinding ($60,000), leachate management testing and labor from Camp
7. The landfill currently sponsors three (3) household hazardous waste days per year. This program
has been very popular with the local citizens and has received many compliments. Therefore, we are
recommending that it be continued for the coming year. Care Environmental is currently under
contract to provide the collection and disposal services for these events.
The brush grinding services have been contracted for the last three (3) years. The mulch
derived from the brush grinding has been used in our sludge compo sting program to produce topsoil.
Excess mulch is also given to the local parks and school systems for use in landscaping.
5408-00 - Repair and Maintenance - Powered Equipment ($90.000)
This line item covers the costs of parts used by the landfill mechanic to repair heavy
equipment. This estimate is based on our past budget expenditures.
5408-02 - Fuels and Lubricants ($95.780)
This line item reflects our best estimate of the fuel and lubricant costs required to operate the
landfill equipment. The unit costs used to develop these budget estimates are subject to change
depending on the prevailing oil prices.
5806-00 Reserve for Contingencies ($682.543)
This line item represents the difference between projected revenue and the estimated
expenditures. Typically, this reserve is used to fund unanticipated expenditures and/or emergency
projects. The balance at the end of the fiscal year becomes retained earnings.
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5806-01 Post-Closure Costs ($606.800)
This budget cost represents the contribution to a trust that has been established for post-
closure care of the landfill. This trust is a Department of Environmental Quality and Environmental
Protection Agency requirement for our solid waste permit.
7006 - Construction Vehicles and Equipment ($120.000)
This line item cost will be used to purchase a scraper equivalent to our 621 pan.
7900 - Improvements Other Than ($718.000)
This line item includes the major projects planned for FY 98/99. For the coming fiscal year,
we plan to close out approximately six (6) acres of Cell B, Phase I ($468,000) and construct a landfill
gas fired boiler and a greenhouse for our leachate treatment facility ($250,000).
After completing a discussion of the above expenditures and projected revenues, a motion was
made by Gary Lofton and seconded by David Ash to endorse the proposed FY 98/99 budget of
$4,061,557. This motion was unanimously approved by the committee. The endorsement will be
forwarded to the responsible governing bodies for their action.
PUBLIC WORKS COMMITTEE
The Public Works Committee met on Tuesday, December 9, 1997, at 7:30 a.m. Present were
board members Charles W. Orndoff, Sr. and W. Harrington Smith, Jr.; committee members Jim
Vickers, George Ludwig and Jim Wilson; County Administrator John R. Riley, Jr.; Landfill Manager
Steve Frye; Director of Public Works Harvey E. Strawsnyder, Jr., P.E.; and the following staff:
Kathy Whetzel, John Trenary, Joe Wilder, Dave Burleson, and Ron Kimble.
The following items were discussed and submitted for the boards action:
1. Request from Buildinl! Official for Additional Part-time Labor - Aooroved
The Frederick County Building Official John Trenary requested an appropriation of$7,540
to cover additional part-time labor costs. The enclosed memorandum dated November 13, 1997,
provides a detailed justification for this request. The primary need for the part-time labor is to
provide inspection services during the anticipated medical absence of one of our full-time inspectors.
It should also be emphasized that we anticipate actual revenues will exceed our projected revenues
and more than offset the additional revenue request. Consequently, John Riley recommended that
the additional funds be derived from the operational contingency fund.
A motion was made by Tom Offutt and seconded by Jim Vickers to approve the request from
the building official. The motion was unanimously approved and will be forwarded to the Finance
Committee for their review (see Attachment 1).
Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager the above
request was approved by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
2. ArchitecturallEnl!ineerinl! Prooosal for Desil!n of New Library - Aooroved in
the Amount of $316.467.80 with Further Discussion on the Buildin; Site to Be
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Conducted Later
The Director of Public Works presented a proposal from the Lukmire Partnership, Inc. for
the design of a new library in Frederick County near the Lakeside subdivision. This proposal
represents the culmination of efforts by the Public Works Committee and selected representatives
from the Library Board to select an architect for the design of a 35,000 square foot library at the
Lakeside site.
In addition to the design and construction services costs of $316,467.80 and $92,943.12,
respectively, the Lukmire proposal included a proposal of $3,114 to study the feasibility of locating
a satellite office for the Sheriff, Treasurer and the Commissioner of the Revenue on the same site as
the library. After discussing this issue at length, the committee voted to delete this cost from the
Lukmire scope of work.
Several of the committee members voiced their concern about the actual need for the library
in Frederick County. However, the committee unanimously agreed that it was not their responsibility
to determine the need for the project. The committee had been tasked by the board with the
responsibility of selecting an architect and negotiating a design fee. The proposal submitted by the
Lukmire Partnership, Inc. was considered to be fair and reasonable and in line with other design fees
for similar library projects. The range for similar projects in the Commonwealth was determined to
be eight to 12 percent of the construction cost. Also, the selection process was based on the proposal
documents developed by the Handley Library staff. These documents specified a library with 35,000
square feet of floor space.
Consequently, a motion was made by George Ludwig and seconded by W. Harrington Smith,
Jr., to endorse the Lukmire proposal as submitted for a 35,000 square foot library building. This
motion was unanimously approved by the committee. The attached proposal will be submitted to the
board of supervisors for their review prior to executing a contract (see Attachment 2).
Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, an amount of
$316,467.80 was approved for architectural expenses; however further discussion will be held as to
the actual site location of the new library.
The above motion was approved by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
3. Modifv Door Number 107 to Accommodate Automatic Openinl! - Approved
The director of public works indicated that Howard Shockey and Sons, Inc. had submitted
a verbal quote of $3,700 to upgrade the rear door (number 107) of the new office complex to
accommodate a computerized automatic door opening system. A subsequent written copy of the
proposal has been attached for the boards review. Mr. Riley indicated that it is imperative that this
work be accomplished as soon as possible to facilitate building access after hours from the parking
lot side. The committee unanimously approved the proposal subject to John Riley finding the funding
without asking for a supplemental appropriation (see Attachment 3).
Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, the above
request was approved by the following recorded vote:
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James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
The following items were discussed and submitted for the boards information only:
1. Fiscal Year 1998/1999 Bud2et
The public works director presented the proposed budgets for Fiscal Year 1998/1999. A
summary of these budgets is attached. After reviewing each budget in detail, a motion was made by
Tom OfiUtt and seconded by George Ludwig to endorse the budgets as submitted. The motion was
unanimously approved by the committee. The entire budget package will be submitted to the Finance
Committee via the Finance Department with the endorsement of the Public Works Committee (see
Attachment 4).
2. Miscellaneous Reports
a. Tonnage Report (see Attachment 5)
b. Recycling Report (see Attachment 6)
b. Animal Shelter Cat Report (see Attachment 7)
c. Animal Shelter Dog Report (see Attachment 8)
FINANCE COMMITTEE
The Finance Committee met in the First Floor Conference Room at 107 North Kent Street
on Wednesday, December 17,1997 at 8:00 a.m. Committee members Anita L. Shull and G. Michael
Cundiff were absent.
The agenda items are as follows:
1. The Finance Director Reviewed the Monthlv Financial Report for the General
Fund and the Re2ional Jail for Month Endin2 October 31. 1997
It is planned to include the landfill fund monthly financial report in the January agenda. A
representative from Robinson, Farmer, Cox was present to review the Comprehensive Annual
Financial Report for year ending June 30, 1997. See attached memo, p. 1-5.
2. The Economic Development Director ReQuests a General Fund Supplemental
Appropriation in the Amount of $95.250 - Approved
This amount represents the lease payments for the Telecommuting Center through September
30, 1998. This expenditure will be reimbursed by the Federal government. No additional local funds
are needed. See attached memo, p. 6-9. The Business Plans for both the Shenandoah Valley
Telecommuting Center and the Shenandoah Valley Telebusiness Center were included in the Finance
Committee agenda packets mailed on December 11, 1997. The committee recommends approval.
Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the
above request was approved by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
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Charles W. Orndoff, Sr. - Aye
3. The County Administrator Reouests a General Fund Ooerational Continl!:encv
Transfer in the Amount of $11.000 - Aooroved
This amount represents the county's share of the implementation of security improvements
at the Joint Judicial Center. See attached memo, p. 10-16. The committee recommends approval.
Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above
request was approved by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shiclde - Aye
Charles W. Orndoff, Sr. - Aye
4. The Personnel Director ReQuests a General Fund Ooerational Transfer in the
amount of $8.000 - Aooroved in Part
This amount is needed to cover additional advertising expenses for the remainder of this fiscal
year. See attached memo, p. 17. The committee recommends approval of $4,000. The committee
also had several questions concerning advertising of positions but the personnel director was not
present.
Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas the above
request was approved in part by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shiclde - Aye
Charles W. Orndoff, Sr. - Aye
5. The Finance Committee Aooroved a General Fund Suoolemental
Aoorooriation in the Amount of $100.000 to Reolenish the Ooerational
Continl!:encv Line Item to Cover Exoenses for the Remainder of this Fiscal Year
- Aooroved
Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shickle, the above
request was approved by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
The following item was presented to the board for information only:
Attached please find responses to various items requested at last month's meeting. See
attached memo, p. 18-31. These items were not discussed and will be carried over to the January
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meeting.
End of Committee Reports.
BOARD OF SUPERVISORS COMMENTS
There were no further comments at this time.
BOARD RETIRED INTO EXECUTIVE SESSION
Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the Board
retired into executive session in accordance with the Code of Virginia, 1950 as amended, Section 2.1-
344, Subsection A (1) and (3) to Discuss Personnel and Acquisition and Disposition of Real Estate.
TIME: 11:07 P.M.
The above motion was approved by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
BOARD WITHDREW FROM EXECUTIVE SESSION
Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the Board
withdrew from executive session.
The above motion was approved by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
BOARD RECONVENED INTO REGULAR SESSION
Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the
Board reconvened into regular session and certified nothing other than what was noted as reason for
going into executive session was discussed.
The above motion was approved by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
II
524
ZONING ADMINISTRATOR SALARY RANGE AMENDED FROM THE
CURRENT 19 TO 21
Upon motion made by Margaret B. Douglas, seconded by W. Harrington Smith, Jr., the
Zoning Administrator current salary Range of 19 was amended to Range 21.
The above motion was approved by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
ERIC LAWRENCE PROMOTED TO ZONING ADMINISTRATOR
Upon motion made by Margaret B. Douglas, seconded by W. Harrington Smith, Jr., Eric
Lawrence was promoted to Zoning Administrator at a Range 21 and starting salary of $37,000.
The above motion was approved by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
UPON MOTION MADE BY ROBERT M. SAGER, SECONDED BY W.
HARRINGTON SMITH, JR., THERE BEING NO FURTHER BUSINESS TO COME
BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. TIME: 11:45 P.M.
'-
/ James L. Longerbeam
Chairman, Board of Supervisors
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Jo Riley, Jr.
Clerk, Board of Supervisors
Minutes Prepared By:
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n R D I, - ..J-:':P-1 I ,)..<--0,4'
Carol T. Bayliss \
Deputy Clerk, Board of Supervisors