May 27, 1998 Regular Meeting
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A Regular Meeting of the Frederick County Board of Supervisors was held on May 27, 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.; Robert M. Sager; and Margaret B. Douglas.
ABSENT: Charles W. Orndoff, Sr. (Out of Town)
CALL TO ORDER
Chairman Longerbeam called the meeting to order and advised that a quorum was not present;
however, Board member Smith and Shickle were expected very shortly, as was County Administrator
John R. Riley, Jr.
INVOCATION
Board member Robert M. Sager delivered the invocation in absence of a minister.
CITIZEN COMMENTS
Paul Grosz, resident of Stephens City, appeared before the Board to express his displeasure
and concerns about the action the Board took following the executive session on May 20, 1998. He
was not happy about the fact that the general public was not notified of this meeting and felt this type
of action by the Board should only be taken if an emergency exists. The action being referred to
approved additional funding for eight teaching positions within the school system.
Board member Richard C. Shickle arrived at 7: 19 p.m. and Board member W. Harrington
Smith, Jr., at 7:30 p.m.
Chairman Longerbeam explained to Mr. Grosz that it was because of what was discussed in
executive session that the Board took the action in question, once they were in regular session.
ADOPTION OF AGENDA
Chairman Longerbeam advised that he would like to move the June 10 meeting to June 9 as
he has a commitment out of town. He further advised that there is also a need for executive session
for a legal matter.
Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, the
agenda was adopted as amended by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
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Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Absent
CONSENT AGENDA
There were no items under consent agenda.
MINUTES
Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the minutes
of the regular meeting of May 13, 1998 were approved, as was the amendment to the minutes of
March 25, 1998 and May 13, 1998 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. - Absent
DIRECTOR OF PLANNING KRIS TIERNEY INTRODUCES BRAD CAREY _
RECENTLY HIRED AS A PLANNER I
COMMITTEE APPOINTMENTS:
DR. NED M. CLELAND REAPPOINTED TO THE FREDERICK-WINCHESTER
SERVICE AUTHORITY
Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, Dr. Ned M.
Cleland was reappointed to the FWSA for a three year term. This term will commence on August
31, 1998 and expire on August 31,2001.
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. - Absent
RESOLUTION (#036-98) AND INTERMUNICIPAL AGREEMENT - OPEQUON
WATER RECLAMATION FACILITY - APPROVED
RESOLUTION FOR THE OPEQUON WATER RECLAMATION FACILITY
INTERMUNICIPAL AGREEMENT
PROVIDING FOR THE EXPANSION, UPGRADE, OPERATION AND
MAINTENANCE, AND DEBT SERVICE
WHEREAS, the Opequon Water Reclamation Facility is nearing its maximum flow and
biological capacity; and
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WHEREAS, the Frederick-Winchester Service Authority has completed the study to
determine capacity needs and the expansion of the plant to meet those needs; and
WHEREAS, to implement the expansion of the plant, it is necessary to amend the
Intermunicipal Agreement adopted in September 1983; and
WHEREAS, the Frederick County Sanitation Authority, at their April 21, 1998 meeting,
approved this resolution.
NOW, THEREFORE, BE IT RESOLVED, the Frederick County Board of Supervisors
for the County of Frederick, Virginia, does hereby authorize the chairman and secretary to execute
the Intermunicipal Agreement in substantially the form presented, copy attached and incorporated
with these minutes, with such modifications that may be approved by officers executing the
agreement, with the agreement of counsel as a prerequisite to the officers signing, their signatures to
be conclusive evidence of such approval.
ADOPTED, this 27th day of May, 1998.
Upon motion made by Richard C. Shickle, seconded by Robert M. Sager, the above resolution
and Opequon Water Reclamation Facility Intermunicipal Agreement 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. - Absent
PLANNING COMMISSION BUSINESS:
PUBLIC HEARING - REZONING #007-98. K.D.G.. L.e.. SUBMITTED BY
PAINTER-LEWIS. P.L.C. TO REZONE 1.0 ACRES FROM Bl (NEIGHBORHOOD
BUSINESS) TO B2 (BUSINESS GENERAL) DISTRICT. AND 2.58 ACRES FROM
RA (RURAL AREAS) TO B2 (BUSINESS GENERAL) DISTRICT. THIS
PROPERTY IS LOCATED ON THE EAST SIDE OF FRONT ROYAL PIKE
(ROUTE 522), 0.72 MILES SOUTH OF MILLWOOD PIKE (ROUTE 50). AND IS
IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 64B-A-29 AND
64B-A-30 IN THE SHAWNEE MAGISTERIAL DISTRICT - APPROVED
Assistant Planning Director Evan Wyatt presented this request to the Board noting that staff
and planning commission recommended approval.
There was no public input.
Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, rezoning
request #007-98 was approved as submitted 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. - Absent
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PUBLIC HEARING - REZONING #008-98. OAKCREST BUILDERS. INC..
SUBMITTED BY G. W. CLIFFORD AND ASSOCIATES. INC.. TO REZONE 2.5
ACRES FROM B2 (BUSINESS GENERAL) TO RA (RURAL AREAS) DISTRICT.
THIS PROPERTY IS LOCATED AT THE SOUTHWEST OUADRANT OF THE
INTERSECTION OF MILLWOOD PIKE (ROUTE 50) AND WEST PARKINS MILL
ROAD (ROUTE 644): AND IS IDEi'J lll<'lliD WITH PROPERTY IDENTIFICATION
NUMBER 77-A-26 IN THE SHAWNEE MAGISTERIAL DISTRICT - APPROVED
Assistant Planning Director Evan Wyatt presented this rezoning request to the Board noting
that staff and planning commission recommended approval.
Chairman Longerbeam questioned as to why this had to come before the Board.
Planning Director Kris Tierney explained that any rezoning request has to be brought to the
Board of Supervisors per the State Code of Virginia.
There was no public input.
Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shickle, rezoning
request #008-98 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. - Absent
PUBLIC HEARING - PROPOSED AMENDMENTS TO THE FREDERICK
COUNTY CODE. CHAPTER 165. ZONING: ARTICLE IV. SUPPLEMENTAL USE
REGULATIONS: SECTION 165-48.6 COMMERCIAL TELECOMMUNICATION
FACILITIES. THE PROPOSED AMENDMENTS MODIFIES THE EXISTING
COMMERCIAL TELECOMMUNICATION FACILITIES REOUIREMENTS TO
REOUIRE AN AFFIDAVIT CONFIRMING THE LANDOWNERS
RESPONSIBILITY TO REMOVE SUCH COMMERCIAL
TELECOMMUNICATION FACILITIES ONCE DEEMED ABANDONED. THE
AMENDMENT ALSO REOUIRES THAT AN ATTEMPT BE MADE TO CO-
LOCATE COMMERCIAL TELECOMMUNICATION FACILITIES PRIOR TO
REOUESTING A CONDITIONAL USE PERMIT TO ENABLE THE NEW
CONSTRUCTION OF SUCH FACILITIES - (CANCELLED DUE TO
ADVERTISING ERROR)
MASTER DEVELOPMENT PLAN #003-98 OF BRIARWOOD ESTATES -
APPROVED
Assistant Planning Director Evan Wyatt presented this request to the Board noting that staff
and planning commission recommended approval.
There was no public input.
Board member Richard C. Shickle advised that he would not be participating in any discussion
or vote concerning this request.
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Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, Master
Development Plan #003-98 was 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. ShicIde - Abstained
Charles W. Orndoff, Sr. - Absent
WAIVER REOUEST OF T. P. AND SUSAN GOODMAN FOR VEIDCLE PARKING
AT HACKWOOD - APPROVED
Zoning Administrator Eric Lawrence presented this request to the Board. He advised this was
a waiver for the parking lot. Mr. Goodman has requested to be granted permission to utilize the
grassy fields in their natural form for parking; he requested that neither asphalt nor brick pavers be
required.
Upon motion made by Richard C. ShicIde, seconded by W. Harrington Smith, Jr., the waiver
request ofT.P. and Susan Goodman, as recommended by the Historic Resources Advisory Board for
vehicle parking at Hackwood was approved as requested 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. - Absent
FINANCE COMMITTEE
The Finance Committee met in the First Floor Conference Room at 107 North Kent Street
on May 20, 1998 at 8:00 a.m.
The agenda items were as follows:
1. The County Administrator Requests That the Maximum Meal Allowance for Out
of Town Travel Be Increased from $30 to $45 - ADDroved
This item was tabled from the April Finance Committee meeting. See attached memo, p. 1.
The committee recommends approval,
Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, 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. - Absent
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2. The Clerk of the Circuit Court Requests a General Fund SUDDlemental
ADDrooriation in the Amount of $13.940 - ADD roved
This amount is needed for a microfilm reader/printer. No additional local funds are required.
See attached memo, p. 2-3. 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. Shickle - Aye
Charles W. Orndoff, Sr. - Absent
3. The Public Works Director Requests a General Fund SUDDlemental ADDroDriation
in the Amount of $390 - AODroved
This amount represents reimbursement received to install street signs. It is requested these
funds be placed in 4102-3010-000-000 Other Contractual Services. No additional funds are needed.
See attached memo, p. 4-6. The committee recommends approval.
Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, 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. - Absent
4. The DeDutv Director of Planninl! Requests $354.877 to Be Transferred from
Unreserved Fund Balance to a Desil!nated Fund Balance for Revenue Sharinl! to
Construct Warrior Drive - ADDroved
See attached memo, p. 7. 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. Shickle - Aye
Charles W. Orndoff, Sr. - Absent
5. The Economic DeveloDment Commission Requests a General Fund SUDDlemental
AODrQDriation in the Amount 0($110 for Advertisinl! Reimbursement from the City
- AODroved
It is requested that the advertising expenditure line item be increased by this amount. No
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additional local funds are required. See attached memo, p. 8. 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. Shickle - Aye
Charles W. Orndoff, Sr. - Absent
6. The Economic Development Commission Reauests a General Fund Supolemental
Aporooriation in the Amount of $4.000 - Approved
This amount represents revenue received for T -1 Internet rental and is requested to be
placed in professional services. No additional local funds are needed. See attached memo, p. 9. The
committee recommends approval.
Upon motion made by w. Harrington Smith, Jr., seconded by Margaret B. Douglas, 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. - Absent
7. The Rel!ional Jail Reauests a Fiscal Year 1998-99 Jail Suoolemental Aoorooriation
in the Amount of $4.988.64 - Approved
This amount is needed for an upgrade and is being requested to be partially funded by the
Department of Criminal Justice Services. It is estimated that these funds will be returned to fund
balance through employee turnover. See attached memo, p. 10. 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. Shickle - Aye
Charles W. Orndoff, Sr. - Absent
8. The Rel!ional Jail Reauests a Jail Fund Suoolemental Appropriation in the Amount
of $95.000 - Approved
This amount represents a carry forward and is needed for a new fire alarm system that is
approved in the current budget but will be procured in the FY 1998-99 budget. See attached memo,
p. 11. The committee recommends approval.
Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above
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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. - Absent
9. The Re2ional Airport ReQuests An Airport Supplemental Appropriation in the
Amount of $3.766 and $13.148.43 - Approved
This amount represents reimbursement received for the repair of a tractor and the line item
for this expense is requested to be increased. The Airport also requests an Airport supplemental
appropriation in the amount of $13,148.43. This amount represents reimbursement received for
vandalism to the Airport and the line item for this expense is requested to be increased. No
additional local funds are needed. See attached memo, p. 12-18.
Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, 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. - Absent
10. The School Has Submitted a Prioritized List of Capital Improvements as
Reauested bv the Board of Supervisors - Approved
The total requested Supplemental Appropriation requested for these two lists is $530,781.
Additional local funding required. See attached memo, p. 19-21.
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. Shickle - Aye
Charles W. Orndoff, Sr. - Absent
11. The Finance Director Will Review the Monthlv Financial Reports for the
General Fund. Landfill Fund. and Re2ional Jail Fund for the Month Endin2
April 30. 1998 - Approved
This item was placed at the end of the agenda for the convenience of staff attending the
meeting. See attached memo, p. 22-29.
The following items were discussed and submitted for the boards information only:
1. The Citv of Winchester Finance Committee ReQuests the Economic Development
Commission Consider Contractin2 with the Discoverv Museum
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See attached memo, p. 30.
Executive Session
An Executive Session was conducted in Accordance with the Code of Virginia, 1950, as
amended, Section. 2.1-344 Subsection A (3).
BOARD RETIRED INTO EXECUTIVE SESSION
Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, the
Board retired into executive session in accordance with the Code of Virginia, 1950, as amended,
Section 2.1-344, Subsection A(7) to Discuss Legal Matters.
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. - Absent
County Administrator John R. Riley, Jr., along with County Attorney Lawrence R. Ambrogi
arrived during the Executive Session.
BOARD WITHDREW FROM EXECUTIVE SESSION
Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, 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. - Absent
BOARD RECONVENED INTO REGULAR SESSION
Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, 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. - Absent
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UPON MOTION MADE BY ROBERT M. SAGER. SECONDED BY W.
HARRINGTON SMITH, JR., THERE BEING NO FURmER BUSINESS TO COME
BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (TIME: 8:30 P.M.)
J.h~:1 ~
Clerk, Board of Supervisors
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Minutes Prepared By:
Ih 'L">) -r:- -3n. t ~.-J
Carol T. Bayliss
Deputy Clerk, Board of Supervisors
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