April 09, 1997 Regular Meeting
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A Regular Meeting of the Frederick County Board of Supervisors was held on April 9, 1997,
at 7:15 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; 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
Mr. Riley noted one addition, a statement from the Board on the passing of George B.
Whitacre, Clerk of the Circuit Court.
BOARD OF SUPERVISORS' AND STAFF EXPRESS THEIR CONDOLENCES AT
THE PASSING OF GEORGE B. WHITACRE. CLERK OF THE CIRCUIT COURT
Mr. Riley read a statement at this time.
CONSENT AGENDA
Mr. Riley suggested the following tabs for approval under the consent agenda:
1. Upcoming Appointments to Shawnee-Land Sanitary District Advisory Committee -
TabC;
2. Closing of County Offices for Apple Blossom Festival- Tab D;
3. Proclamation Recognizing May 12-16, 1997 as Winchester Business and Professional
Women's Week - Tab E;
4. Proclamation Designating May 10, 1997 as Letter Carrier Food Drive Day - Tab F;
5. Request from Winchester and Western Railroad Company Re: Approval of Rail
Preservation Application Resolution - Tab G;
6. Parks and Recreation Commission Reports - Tab T;
7. Departmental Annual Work Programs - Tab W.
Mr. Riley had also included Tab J - Shenandoah Rail Initiative Resolution; however, Mr.
Sager requested that this not be included under consent agenda.
Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the consent
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agenda was approved as noted above 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
Reverend Douglas T. Ibach, Opequon District, addressed the Board concerning an ongoing
problem that he has been experiencing in his neighborhood with trash. He explained that this trash
is a result of building contractors working in the neighborhood that are not policing trash pickup and
he is requesting assistance from the county in trying to resolve this problem.
Mr. Longerbeam suggested to Reverend Ibach that he get in touch with Ed Strawsnyder,
director of Public Works, and he felt this concern could be worked out.
Bruce Armstrong, Back Creek District, stated that Evan Wyatt will be bringing a plan to the
Board at their meeting on Apri123, wherein he will present to them a Secondary Road Improvement
Plan Rating System for their review and comment. He asked the Board to please approve this plan
as a lot of thought and work had gone into it, not only by the planning staff, but also the residents
living along Laurel Road.
MINUTES OF REGULAR MEETING - MARCH 12. 1997 - APPROVED
Mrs. Douglas noted that on page 2 under citizen comments, Mr. Bruce Armstrong stated he
was a resident of Opequon District when in fact he is a resident of Back Creek District.
Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the
minutes of the regular meeting of March 12, 1997 were approved 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
MINUTES OF SPECIAL MEETING - MARCH 21. 1997 - APPROVED
Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sf., the minutes
of the Special Meeting of March 21, 1997 were approved as presented by the following recorded
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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
COMMITIEE APPOINTMENTS
GEORGE VAUGHT APPOINTED AS REPRESENTATIVE FROM TOWN OF
STEPHENS CITY TO SERVE ON COUNTY TRANSPORTATION COMMITIEE
REPLACING ANNA WANZER WHO HAS RESIGNED
Upon motion made by Robert M, Sager, seconded by Margaret B. Douglas, George Vaught
was appointed to the County Transportation Committee as the representative from the Town of
Stephens City. This was necessitated due to the resignation of Anna Wanzer. This term will expire
February 13, 1998.
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
AREND L. NYDAM REAPPOINTED TO BOARD OF BUILDING APPEALS
Upon motion made by Richard C. Shickle, seconded by W. Harrington Smith, Jr., Arend L.
Nydam was reappointed to the Board of Building Appeals from Gainesboro District. This term will
begin on April 9, 1997 and expire on April 9, 2002.
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
MARTIN KILLINGBECK REAPPOINTED TO HISTORIC RESOURCES
ADVISORY BOARD FROM GAINESBORO DISTRICT
Upon motion made by Richard C. Shickle, seconded by Charles W. Orndoff, Sr., Martin
Killingbeck was reappointed to Historic Resources Advisory Board from Gainesboro District. This
term will begin on April 12, 1997 and expire on April 12, 2001.
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This 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
REOUEST TO PLACE MARTIN L. FELTNER. THOMAS E. ROGERS. AND
LONNIE L. BRICE ON SHAWNEE-LAND SANITARY DISTRICT ADVISORY
COMMITIEE BALLOT - APPROVED UNDER CONSENT AGENDA
REOUEST TO OFFICIALLY CLOSE COUNTY OFFICES ON FRIDAY. MAY 2.
1997. DUE TO THE APPLE BLOSSOM FESTIVAL - APPROVED UNDER
CONSENT AGENDA
PROCLAMATION (#003-97) RECOGNIZING MAY 12-16.1997. AS WINCHESTER
BUSINESS AND PROFESSIONAL WOMEN'S WEEK - APPROVED UNDER
CONSENT AGENDA
WHEREAS, this week in May has been designated Winchester Business and Professional
Women's Week, we the undersigned hereby acknowledge this designation.
WHEREAS, we recognize the achievements of Business and Professional Women in our
community, locally and also internationally;
WHEREAS,members of the Winchester Business and Professional Women play an integral
roll of leadership to and development of other members of the community;
WHEREAS, among many other qualities, the Nike Emblem symbolizes strength, freedom,
wisdom, leadership, equality, growth, friendship and achievement and it gives direction to the leaders
of today and the future; and
WHEREAS, Winchester Business and Professional Women IS celebrating its 50th
anruversary;
NOW, THEREFORE, LET IT BE DECLARED, that the week of May 12 - 16, 1997 is
Winchester Business and Professional Women's Week.
PROCLAMATION (#004-97) - FOOD DRIVE DAY - NATIONAL ASSOCIATION
OF LETTER CARRIERS - APPROVED UNDER CONSENT AGENDA
WHEREAS, Saturday, May 10, 1997, has been designated as Food Drive Day by the
National Association of Letter Carriers and will be observed by letter carriers in the County of
Frederick; and
WHEREAS, in 1996, letter carriers collected 27,000 pounds in our community and
45,000,000 pounds nationally during this Food Drive; and
WHEREAS, the letter carriers serve citizens of our fine county in an exemplary manner
through the most hazardous weather, be it snow, rain or extreme summer heat; and
WHEREAS, this most faithful and dedicated civil servant never fails to complete his rounds
of serving our entire population; and
WHEREAS, letter carriers throughout the County of Frederick will be collecting food to
replenish food pantries for the less fortunate and the homeless; and
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WHEREAS, the people of this great county wish to express their appreciation for, and show
recognition of the efforts and sacrifices made by their faithful letter carrier.
NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of
Supervisors does hereby proclaim May 10, 1997, as Letter Carrier Food Drive Day in the County of
Frederick, and urge all citizens to join in its observance.
RESOLUTION (#024-97): RAIL PRESERVATION APPLICATION. WINCHESTER
AND WESTERN RAILROAD - APPROVED UNDER CONSENT AGENDA
WHEREAS, the Winchester & Western RR desires to file an application with the Virginia
Department of Transportation for safety and improvement projects; and
WHEREAS, the identified safety projects are estimated to cost $190,000 and the
improvement projects are estimated to cost $2,035,666; and
WHEREAS, the 1997 General Assembly has approved funding for the acquisition, lease or
improvement of railways within the Rail Industrial Access Program budget; and
WHEREAS, the Winchester & Western RR is an important element of the
WinchesterIFrederick County transportation system; and
WHEREAS, the Winchester & Western RR is instrumental in the economic development
of the WinchesterIFrederick County area, and provides relief to the highway system by transporting
freight, and provides an alternate means of transporting commodities; and
WHEREAS, Frederick County supports the project and the retention of rail service; and
WHEREAS, the Commonwealth Transportation Board has established procedures for
all allocation and distribution of the funds approved by the 1997 General Assembly.
NOW, THEREFORE, BE IT RESOLVED that Frederick County does hereby request
the Virginia Department of Rail and Public Transportation to give priority consideration to the
projects proposed by the Winchester & Western RR totaling $2,225,666 in Frederick County and
the City of Winchester.
FISCAL YEAR 1997-1998 BUDGET - APPROVED
WHEREAS, a notice of public hearing and budget synopsis has been published and a public
hearing held on March 26, 1997, in accordance with Title 15.1, Chapter 4, Section 15.1-162, of the
Code of Virginia, 1950 as amended.
THEREFORE, BE IT FURTHER RESOLVED, by the Board of Supervisors of the
County of Frederick, Virginia, that the budget for the 1997-98 fiscal year as advertised in The
Wmchester Star on March 18, 1997, as amended be hereby approved in the amount of$121,844,464.
WHEREAS, the budget amounts represent the total, less transfers between funds.
WHEREAS, the difference in the proposed budget and approved budget equals $195,716
in additional general fund expenditures as a result of restored funding for positions.
WHEREAS, the difference in the school operating fund equals $197,901 which is a result
of the School Board budgeting for FY 1997-98 Trigon funds received in the current year.
BE IT FURTHER RESOLVED, that the County of Frederick budget for the 1997-98 fiscal
year be adopted as follows:
General Operating Fund:
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General and Financial Admin.
Judicial Administration
Public Safety
Public Works
HealthIW elfare
Education - Community College
Parks, Recreation & Cultural
Community Development
Non-Departmental Expenses
Regional Jail Fund
Landfill Fund
Division of Court Services Fund
Shawnee-Land Sanitary District Fund
School Operating Fund:
Instruction
Administration, Attendance & Health
Pupil Transportation
Operation and Maintenance
Facilities
Airport Operating Fund
Airport Capital Outlay
Larrick & Sides Trust Funds
Elementary School Additions Cap. Proj.
Fund
New Elementary School Cap. Proj. Fund
James Wood Athletic Field Cap. Proj.
Fund
New Stonewall Elementary School Cap. Proj.
Fund
School Cafeteria Fund
School Debt Service Fund
School Textbook Fund
School Capital Fund
Consolidated Maintenance Fund
Unemployment Compensation Fund
$ 3,823,137
816,432
6,479,181
2,240,546
2,812,327
34,160
2,788,371
1,677,209
1,165,000
5,108,678
4,213,312
738,257
403,852
44,650,966
2,539,916
3,014,748
5,783,224
23,600
831,117
1,422,500
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3,000,000
5,300,000
92,000
300,000
3,329,487
14,318,336
825,890
3,796,302
295,749
20,000
"
BE IT FURTHER RESOLVED, that the Board of Supervisors of the County of Frederick,
Virginia, does herein adopt the tax rate for the 1997 assessment year at a rate of 59 cents to be
applied to real estate, the rate of$4.20 to be applied to personal property, $2.25 applied to personal
property on one vehicle to volunteer firefighters that are approved and registered with the Fire and
Rescue Department, the rate of 42Y2 cents to be applied to airplanes and zero tax to be applied to
antique vehicles. The Business and Professional Occupational License rates are as follows: retail 20
cents per $100 of gross receipts, professional services 58 cents per $100 of gross receipts, personal
and business 36 cents per $100 of gross receipts, wholesale 5 cents per $100 of purchases and the
rate of $2.00 on declining values to be applied to machinery and tools, and contract carrier classified
vehicles.
BE IT FURTHER RESOLVED, that appropriations are hereby authorized for the central
stores fund, special welfare fund, comprehensive services fund, health insurance fund and
unemployment compensation fund equal to the total cash balance on hand at July 1, 1997, plus the
total amount of receipts for the fiscal year 1997-98.
Mr. Sager asked about the $500,000 eannarked for Economic Development Commission and
if the board of supervisors would vote on any expenditure made from this amount.
Mr. Riley replied yes.
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Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above
fiscal year 1997-1998 Budget 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. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
SANITATION AUTHORITY SUBMITS PROPOSAL TO COUNTY THAT WOULD
REDUCE THE PRINCIPLE OF THEIR LOAN FROM THE COUNTY IN
EXCHANGE FOR THE AUTHORITY PROVIDING WATER AND SEWER TO THE
ROUTE 50 WEST DEVELOPMENT PROJECT - REFERRED TO THE FINANCE
COMMITTEE
Correspondence has been received from W. H. Jones, engineer-director, of the sanitation
authority wherein he addresses the outstanding loan made to the authority by the county. He proposes
to provide water and sewer to the Route 50 West Urban Development area with the extension being
provided by mains from the Sunnyside area with the estimated cost being $600,000. He asked the
to Board to consider a proposal by the sanitation authority wherein the amount expended by the
authority would reduce the principle of the loan as ofthe date expended.
Mr. Sager stated that he had no problems with the proposal submitted by the county sanitation
authority.
Mr. Sager asked Mr. Riley when this loan was made by the county.
Mr. Riley replied he was not sure, as it was a number of years ago.
Mr. Shickle asked ifthere was a note.
Mr. Riley replied yes.
Following further discussion it was the consensus of the Board that this should be referred
to the Finance Committee for their review and recommendation.
RESOLUTION (#025-97) - SHENANDOAH RAIL INITIATIVE - APPROVED AS
AMENDED
Mr. Sager stated that he feels it should be spelled out in the resolution that the rail service will
be brought through Frederick County and the City of Winchester.
RESOLUTION OF SUPPORT TO SRI
WHEREAS, the County of Frederick is located in the historic Shenandoah Valley; and
WHEREAS, the County of Frederick desires to see historic sites preserved and that all
potential tourism connections to these sites be preserved, developed and encouraged; and
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WHEREAS, as the County of Frederick acknowledges the benefit that rail access will
provide to increase tourism and serve to link many of the noncontiguous battlefields mentioned in the
Shenandoah Valley Battlefield Historic District legislation; and
WHEREAS, the Shenandoah Rail Initiative has been working to establish this regional
linkage project with multiple jurisdictions; and
WHEREAS, the Shenandoah Rail Initiative is seeking to obtain ISTEA funding to assist in
the implementation of this regional project.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors for the County
of Frederick, Virginia that this resolution of support be adopted and presented to Mr. Tony Coogan,
Executive Director of the Shenandoah Rail Initiative, stating our support of this effort to obtain
ISTEA funding and get the passenger rail link in the valley re-established for these proposed rail
excursions II that will brim! tourists to Frederick County and the City of Winchester"..
Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the above
resolution for Shenandoah Rail Initiative was approved 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
PLANNING COMMISSION BUSINESS:
PUBLIC HEARING ITEMS:
PUBLIC HEARING - CONDITIONAL USE PERMIT #001-97 OF DEREK M.
HEISHMAN TO OPERATE AN AUTO REPAIR BUSINESS WITHOUT BODY
REPAIR. THIS PROPERTY IS LOCATED AT 187 MIDDLE LANE IN GORE. AND
IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 28-A-71A AND
28-A-71B IN THE BACK CREEK MAGISTERIAL DISTRICT - APPROVED
Mr. Andy Evans, zoning administrator, presented this request to the Board noting that staff
and planning commission recommended approval with conditions as spelled out in the agenda.
There was no public input.
Upon motion made by Margaret B. Douglas, seconded by W. Harrington Smith, Jr., CUP
#001-97 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 - CONDmONAL USE PERMIT #003-97 OF MARIETTA AND
KIM WALLS TO OPERATE A VETERINARY HOSPITAL (APPLE VALLEY
ANIMAL HOSPITAL) WITH BOARDING TO KEEP ANIMALS OVERNIGHT
THAT DO NOT NEED MEDICAL ATTENTION. THIS PROPERTY IS LOCATED
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AT 1207 CEDAR CREEK GRADE. AND IS IDENTll<lED WITH PROPERTY
IDENTIFICA nON NUMBER 63-A-2K IN THE BACK CREEK MAGISTERIAL
DISTRICT - DENIED
Mr. Evans presented this request noting that staff and planning commission recommended
approval with conditions
as spelled out in the agenda.
Mr. Sager asked what the total capacity of dogs would be, if the Board approves this request.
Dr. Marietta Walls replied no more than twenty-seven.
Dr. Marietta Walls addressed the Board at this time and explained that it is usually during the
holidays that this number of dogs are at the location.
Mr. Smith stated that he has used this facility many times and feels it is maintained in a
superior manner. He further stated that he has been outside of the structure and at no time could any
barking be heard. He feels it would be a great asset and he intends to support the request.
Mr. Ben Butler, local attorney, representing the adjacent land owner, Joseph Allen and the
Bank of Clarke County, Trustees for the Evelyn Allen Trust, addressed the Board. He explained that
the adjacent land owner is in definite opposition to what they consider to be an expansion, for until
Dr. Wall revealed that apparently this has been going on all the time under the conditional use permit,
they were not aware that dogs were being boarded, for in fact this is a kennel. He addressed the
building in question and the fact that this was originally built as a residence, and the veterinarian
hospital came as an after thought in the basement, and further he understands at this time this
basement is filled with twenty seven dog runs. Mr. Butler explained that none of the veterinarian
hospitals in Frederick County, Clarke County or Winchester area have boarding kennels except for
the Winchester Veterinarian Hospital which is another hospital operated by Dr. Walls. Mr. Butler
feels if the Board should approve this request they would be setting a dangerous precedent. He
further addressed the fact that a tenant is living in the upstairs area and he questioned whether there
is a problem here with two accessory uses going on under one conditional use permit.
Dr. Kim Walls appeared before the Board and explained that when the building was originally
built it was planned for a veterinarian hospital with a residence over the top of it, and this was
approved by the planning commission. He explained that the current number of runs, that are large
enough for dogs to run around in, is seven. They would like to be able to board clients pets that need
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to be looked after while the owner is out of town.
Mr. Shickle stated that his paper work indicates that the conditional use permit did not allow
the boarding of animals that did not require hospitalization.
He asked Dr. Walls if he was aware of this.
Dr. Walls replied that he was not aware that there was a specific thing that they should not
do. They did not start out trying to board peoples animals, this sort of developed when they were
asked by their clients to watch the animals while they were gone as they needed medication and to
be watched.
Mr. Shickle stated to Dr. Walls that he had gotten into violation unknowingly and when he
found out he was in violation he made the request to have the conditional use permit amended in
order to continue doing what he has been doing.
Dr. Walls replied that was correct.
Mr. Shickle asked Dr. Walls ifhe was surprised when he was contacted by the county office
that he was in noncompliance.
Dr. Walls replied yes. He was taken by surprise.
Tun Powell, resident of Clay Hill Subdivision, appeared before the Board indicating that the
residents of this subdivision are opposed to this request as they feel it could end up being a nuisance
to the neighborhood.
Mrs. Douglas asked Mr. Powell if there had been any problem up, to this point, with dogs
barking.
Mr. Powell replied no.
Elizabeth Powell, resident of Clay Hill Subdivision, stated another concern of the neighbors
was that they did not feel having a business in the neighborhood would have a positive affect on their
property values.
Dr. Marietta Walls once again appeared before the Board and explained that the citizens who
spoke at the planning commission meeting had no complaints about noise, odor, etc., and she and her
husband did not intend to expand their operation, for everything other than what is presently there
this is all there is going to be.
Mrs. Douglas moved to approve conditional use permit #003-97 of Marietta and Kim Walls.
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Mr. Smith seconded the motion.
Mr. Smith asked Mr. Powell ifhe had a petition or letter from the other neighbors of Clay Hill
Subdivision indicating that the Powells could speak for them.
The Powells replied no.
Mr. Shickle stated that he could not support this request as he feels it would be setting a
precedent.
Mr. Sager and Mr. Orndoff indicated they agreed with Mr. Shickle.
The above motion was denied by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Nay
Richard C. Shickle - Nay
Charles W. Orndoff, Sr. - Nay
PUBLIC HEARING - CONDIDONAL USE PERMIT #004-97 OF SIDNEY A. REYES
FOR A COTTAGE OCCUPATION TO OPERATE A PHOTOGRAPHY PORTRAIT
STUDIO. THIS PROPERTY IS LOCATED AT 350 REDLAND ROAD IN CROSS
JUNCTION. AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION
NUMBER 18-2-2 IN THE GAINESBORO MAGISTERIAL DISTRICT -APPROVED
Mr. Evans presented this request to the Board noting that staff and planning commission
recommended approval with conditions as noted in the agenda.
There was no public input.
Upon motion made by Richard C. Shickle, seconded by Robert M. Sager, conditional use
permit #004-97 of Sidney Reyes 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 - CONDITIONAL USE PERMIT #005-97 OF POWELLS
PLUMBING (JOHN D. POWELL) TO ERECT AN OFF PREMISE BUSINESS SIGN.
THIS PROPERTY IS LOCATED AT 120 WATERLOO COURT. AND IS
IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 65-A-125 IN THE
SHAWNEE MAGISTERIAL DISTRICT - APPROVED
Mr. Evans presented this request to the Board noting that staff and planning commission
recommended approval with conditions as noted in the agenda.
Mr. Charles Taylor, resident of Winchester; however, he owns property across the street from
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Mr. Powell addressed the Board with reference to the dimensions of the sign and the exact location.
Mr. Longerbeam replied 4 square feet, and the sign would be on the south side of Route 50.
Mr. Smith moved to approve conditional use permit #005-97, and Robert M. Sager seconded.
Mr. Longerbeam stated that he had misstated the size of the sign as it should be 30 square
feet, not four.
Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, conditional
use permit #005-97 was approved 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
PUBLIC HEARING - CONDITIONAL USE PERMIT #006-97 OF DAVID AND
DEBBIE BRAGG TO OPERATE AN ANTIOUE SHOP. THIS PROPERTY IS
LOCATED A T 511 REDBUD ROAD. AND IS IDENTIFIED WITH PROPERTY
IDENTIFICATION NUMBER 43-A-155 IN THE STONEWALL MAGISTERIAL
DISTRICT - APPROVED
Mr. Evans presented this request to the Board noting that staff and planning commission
recommended approval with conditions as noted in the agenda.
Mr. Orndoff asked why a site plan would be needed.
Mr. Evans replied this will be a commercial use; therefore, site plans are required because of
parking, entrance, etc.
There was no public input.
Upon motion made by Charles W. Orndoff, Sr., seconded by Richard C. Shickle, conditional
use permit #006-97 of David and Debbie Bragg 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 - CONDmONAL USE PERMIT #002-97 OF JOSEPH W.
EDMISTON FOR A DOG KENNEL (NON-BOARDING). THIS PROPERTY IS
LOCATED A T 1293 HOLLOW ROAD IN GORE. AND IS IDENTIFIED WITH
PROPERTY IDENTIFICATION NUMBERS 26-4-5 AND 26-4-6 IN THE BACK
CREEK MAGISTERIAL DISTRICT - DENIED
Mr. Evans presented this request to the Board noting that staffhad recommended approval
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with conditions as noted in the agenda; however, the planning commission recommended denial as
three area residents and the sales contractor for Lake Isaac Estates and Westview came forward to
speak in opposition to the Kennel. The residents complained of noise from barking dogs, during the
daytime as well as at night, as their greatest concern; and secondly, they were concerned about the
affect of the kennel use on their property values. At the planning commission meeting of March 5,
1997 the sales contractor said he lost a sale due to the kennel and he presented a petition of
opposition signed by seven property owners of the Lake Isaac Estates and Westview subdivisions.
Mr. Edmiston appeared before the Board on behalf of his request stating that he has
approximately fifty dogs at the site and he plans to construct a building that will house all of the dogs
over night, if this CUP is approved.
Mr. Sager stated to Mr. Edmiston that he had been operating a kennel without proper permits
and he did not have a business license, and has continued operating the business without a business
license.
Mr. Edmiston stated that was correct as he could not obtain the business license without a
CUP.
Mr. Shickle asked Mr. Edmiston ifhe were required to dispose of the dogs, he currently has,
how would he handle this?
Mr. Edmiston replied that this is the second move for them and he really didn't know at this
time, they feel this is a suitable location as there are twelve acres of land, and if this location is not
suitable for a dog kennel then, he is not sure where there would be one.
Mr. Shickle asked Mr. Edmiston if he had increased the number of dogs he currently has, from
the amount he had when his original request was denied by the Board?
Mr. Edmiston replied no.
Mr. Shickle stated to Mr. Edmiston that it would be fair to say, that it would be quite a chore
to dispose of the dogs, or decide what to do with them when you were turned down the first time.
Mr. Edmiston replied yes, that is when they moved from the previous location to where they
are now, and reapplied.
Betsy Lewis, area resident told the Board of dogs barking all the time and the neighbors are
not happy with this operation.
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Bob Rush, resident ofIssac Estates and lives one-half mile away from the Edmiston site and
he can clearly hear the dogs barking and furthermore he does not feel this is an appropriate location
for a kennel.
Bob Jewel, area resident, living one-half mile from Edmiston site. He explained that he built
his home in the county for the quietness, that is part of living in the county, not to be next to barking
dogs.
Mrs. Douglas moved to deny CUP #002-97, Mr. Sager seconded the motion.
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 - AN ORDINANCE TO AMEND THE FREDERICK COUNTY
CODE. CHAPTER 165. ZONING: ARTICLE IV. SUPPLEMENTARY USE
REGULATIONS. SECTION 165-24. HEIGHT LIMITATIONS: EXCEPTIONS:
SECTION 165-48.6. COMMERCIAL TELECOMMUNICATIONS FACILITIES:
AND ARTICLE XXI. DEFINITIONS. THE PROPOSED AMENDMENTS WILL
ESTABLISH PROCEDURES AND STANDARDS TO ALLOW FOR THE SITING
OF COMMERCIAL TELECOMMUNICATION FACILITIES WITHIN ALL
ZONING DISTRICTS SPECIFIED IN THIS CHAPTER - APPROVED
Mr. Evan Wyatt, deputy planning director, presented this ordinance amendment to the Board
noting that the planning commission had recommended unanimous approval.
Mr. Shickle asked Mr. Wyatt ifhe knew how many antennas were currently erected within
the county that this ordinance would have covered?
Mr. Wyatt replied no he did not, but within the past two years this ordinance would have
impacted four.
Mr. Shickle further asked if there were any antennas that would be "grandfathered" and not
covered by this?
Mr. Wyatt replied that he thought CFW had permits pending for three towers, and they would
be "grandfathered".
Mr. Shickle asked ifCFW had been contacted to see if they would comply, as well as other
providers?
Mr. Wyatt replied that CFW as well as the other providers had been contacted; however,
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Shentel was the only one to respond; however, the county is working with CFW on one site and they
are willing to work with the county.
There was no public input.
Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the following
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
WHEREAS, an ordinance to amend Chapter 165, Zoning, of the Frederick County Code,
Article IV, Supplementary Use Regulations, Section 165-24, Height Limitations; Exceptions; Section
165-48.6, Commercial Telecommunications Facilities; and Article XXI, Definitions, of the Frederick
County Code, was referred to the Planning Commission as a public hearing on March 19, 1997; and
WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on
April 9, 1997; and
WHEREAS, the Frederick County Board of Supervisors finds the adoption of this ordinance
to be in the best interest of the public health, safety, welfare, and in good zoning practice;
NOW, THEREFORE, BE IT ORDAINED, by the Frederick County Board of Supervisors
that Chapter 165, Zoning, of the Frederick County Code, Article IV, Supplementary Use Regulations,
Section 165-24, Height Limitations; Exceptions; Section 165-48.6, Commercial Telecommunications
Facilities; and Article XXI, Definitions, of the Frederick County Code, is amended as follows:
ARTICLE XXI
Definitions
165-145. Definitions and word usage.
Commercial Telecommunication Facility - a structure including the tower, antennas, panels,
microwave dishes, receiving dishes, equipment building, other transmitting and receiving components,
and other accessory structures, used for the wireless electromagnetic transmission of information,
excluding structures utilized as satellite earth stations and structures utilized for amateur or
recreational purposes such as ham radio or citizen band radio.
Search Area - a geographic area in which a commercial telecommunication facility site may
be located that would satisfactorily cover a targeted area and/or hand-off with its neighboring sites.
Scenic Area - an open area, the natural features of which are visually significant or
geologically or botanically unique.
ARTICLE IV
Supplementary Use Regulations
165-24 Height Limitations; Exceptions
B(I) The maximum height requirements shall not apply to the following:
G) Radio and television transmission towers and commercial telecommunication
facilities.
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165-48.6 Commercial Telecommunication Facilities
The intent of this Section is to ensure that the siting of commercial telecommunication
facilities occurs through the conditional use permit public hearing process defined in Article III of this
Chapter. The siting of commercial telecommunication facilities is permitted within the zoning districts
specified in this Chapter, provided that residential properties, land use patterns, scenic areas, and
properties of significant historic value are not negatively impacted.
A. Information required as part of the Conditional Use Permit Application shall include,
but not be limited to the following:
1) A map depicting the search area used in siting each proposed commercial
telecommunication facility.
2) Identification of all service providers and commercial telecommunication
facility infrastructure within a proposed search area.
3) Information demonstrating that the commercial telecommunication facility is
in compliance with the Federal Communication Commissions established
ANSI/IEEE standards for electromagnetic field levels and radio frequency
radiation.
4) Information delineating procedures for guaranteeing the removal of the
commercial telecommunication facility within one year of the abandonment of
operation.
B. The following standards shall apply to any property in which a commercial
telecommunication facility is sited, in order to promote orderly economic development
and mitigate the negative impacts to adjoining properties:
1) The Planning Commission may reduce the required setback distance for
commercial telecommunication facilities as required by Section 165-24(6) of
this Chapter if it can be demonstrated that the location is of equal or lesser
impact. Commercial telecommunication facilities affixed to existing structures
shall be exempt from setback requirements, provided that they are located no
closer to the adjoining property line than the existing structure.
2) Monopole type construction shall be required for new commercial
telecommunication towers. The Planning Commission may allow lattice type
construction for new telecommunication towers that are located outside the
Urban Development Area and are not adjacent to properties that are identified
historical sites.
3) Advertising shall be prohibited on commercial telecommunication facilities
except for signage providing ownership identification and emergency
information. No more than two signs shall be permitted. Such signs shall be
limited to 1.5 square feet in area and shall be posted no higher than ten feet
above grade.
4) When lighting is required on commercial t~lecommunication facility towers,
dual lighting shall be utilized which provides daytime white strobe lighting and
nighttime red pulsating lighting, uqless otherwise mandated by the Federal
Aviation Administration or the Federal Communications Commission. Strobe
lighting shall be shielded from ground view to mitigate illumination to
neighboring properties. Equipment buildings and other accessory structures
operated in conjunction with commercial telecommunication facility towers
shall utilize infrared lighting and motion detector lighting to prevent
continuous illumination.
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5) Commercial telecommunication facilities shall be constructed with materials
of a galvanized finish or painted a non-contrasting blue or gray unless
otherwise mandated by the Federal Aviation Administration or the Federal
Communications Commission.
6) Commercial telecommunication facilities shall be adequately enclosed to
prevent access by persons other than employees of the service provider.
Appropriate landscaping and opaque screening shall be provided to ensure
that equipment buildings and other accessory structures are not visible from
adjoining properties, roads, or other right-of-ways.
This ordinance shall be in effect on the date of adoption.
PUBLIC HEARING - 1997-1998 CAPITAL IMPROVEMENTS PLAN (CIP) FOR
FREDERICK COUNTY - APPROVED AS AMENDED
Mr. Eric Lawrence, planner IT, presented this plan to the Board, noting that this is an advisory
document that will let the Board know what the various departments are requesting project wise.
The current plan has twenty-two projects for a total cost of approximately $83 million over the next
five years, and this does include estimated debt service on school projects. Of the twenty-two
projects four of them are new, two elementary schools
one high school, and a skate board park.
Mr. Lawrence further stated in the budget resolution that was approved earlier at this meeting
there was construction of a new elementary school included, and this will have a definite affect on this
report in addition to the cost figure given for this project. Of the $83 million dollars in total cost,
$10,000,000 of that will be received through State and Federal grants.
Mr. Shickle asked if the Back Creek Elementary School and the third county high school were
the only items that have changed since this document was drafted?
Mr. Lawrence replied that was correct.
Mr. Shickle asked ifit would be possible for the Board to prioritize this list in order that these
two additions could be approved as the approved budget has indicated.
Mr. Lawrence explained that inasmuch as the Back Creek funding has been approved it could
be moved to the top, or eliminated, and add to next years budget if there is going to be additional
funding.
Mr. Shickle stated that he would like to fix it, but he was not sure how it needed to be done.
Mr. Sager stated that it actually would not have to appear on the list at all.
Mr. Lawrence replied that was correct, as this was a planning document as well as an advisory
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document.
Mr. Orndoff stated that he hoped there were a number of projects on the list that would not
be necessary to be done at all.
There was no public input.
Mr. Sager moved and Mr. Smith seconded that the Proposed 1997-98 Capital Improvements
Plan be 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
Mr. Smith questioned on page seventeen of the plan, priority #13 - Skate Board Park. He
feels the Board could be opening the county up for a liability like the county has never seen before.
He feels the Board would be taking a lot upon themselves on county property if this were approved.
Mr. Longerbeam stated that he would probably have some of the same concerns; however,
according to the report this is not scheduled until the year 2001 and it will probably be less a fad by
that time.
Mr. Shickle stated that he would like to have had item #9 removed as part of the motion.
Mr. Sager stated that he would amend his motion to include the removal of item #9 - School
in Back Creek.
Mr. Smith seconded the amended motion.
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
End of Planning Commission Public Hearing Items.
MASTER DEVELOPMENT PLAN #001-97 OF DOMINION KNOLLS - APPROVED
This property is located on the Southwest comer of Fort Collier Road (Route 1322) and
Baker Lane (Route 1200) and located in the Stonewall Magisterial District, this is a revised plan that
was approved by the county in 1987.
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Mr. Evan Wyatt, assistant planning director, presented this request to the Board, noting that
the planning commission recommended approval as amended.
Mr. Shiclde asked which elementary school district is this development located in?
Mr. Malcolm replied Red Bud.
Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., Master
Development Plan #001-97 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. Shiclde - Aye
Charles W. Orndoff, Sr. - Aye
End of Planning Commission Business.
COMMITTEE REPORTS
PARKS AND RECREA nON COMMISSION - MEETING OF FEBRUARY 18. 1997-
APPROVED UNDER CONSENT AGENDA
The Parks and Recreation Commission met on February 18, 1997. Members present were
Robert Roper, Robert Hartman, Timothy Hockman, Steven Spitzer, Jane Vickers, and Margaret
Douglas.
The following was submitted for the boards information only:
1. Donation of Miniature Golf Course
Mr. Hartman moved to table action on this item until the next meeting, seconded by Mr.
Hockman, carried unanimously.
PARKS AND RECREA nON COMMISSION - MEETING OF FEBRUARY 20. 1997
The Parks and Recreation Commission held a special meeting on February 20, 1997, at
Kingdom Farm Animal Hospital and Clearbrook Park. Members present were: Robert Roper, Robert
Hartman, Charles Sandy, Steven Spitzer, Jane Vickers, and Margaret Douglas.
The following item was submitted for the boards information only:
1. Donation of Miniature Golf Course
Mr. Sandy moved to remove the motion from the table (February 18, 1997 meeting),
seconded by Mr. Hartman.
The chairman called for a vote on the original motion to accept the donation of a
miniature golf course. By a show of hands, the motion was defeated 5-0.
PUBLIC WORKS COMMITTEE
Mr. Orndoff presented this report to the Board.
The Public Works Committee met on Tuesday, March 25, 1997, at 7:30 a.m. Present were
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board members Charles W. Orndoff, Sf. and W. Harrington Smith, Jr., committee members Tom
Offutt, George Ludwig and Tun Wilson; County Administrator, John R. Riley, Jr., Landfill Manager,
Steve Frye, Engineering Technician, Joe Wilder, Shawneeland Sanitary District Manager, David
Burleson and Director of Public Works, Harvey E. Strawsnyder, Jr., P.E.
The following items were discussed and required the boards action:
1. Shawneeland Transfer Requests - Approved
The Shawneeland Sanitary District Manager, Dave Burleson, requested transfers in the
amount of $16,950 (five separate requests) within their current budget. These requests had
previously been forwarded to the Finance Committee for their action. However, the Finance
Committee recommended that they be reviewed by the Public Works Committee and forwarded
directly to the board for their action (see Attachment 1).
Mr. Burleson presented each request and described the reason for each transfer. These
requests had previously been reviewed and approved by the Shawnee-Land Sanitary District Advisory
Committee. This fact was confirmed by George Ludwig who currently serves as the chairman of that
committee.
A motion was made by George Ludwig and seconded by Tom Offutt to approve the transfers
as presented by Dave Burleson. The motion was unanimously approved by the committee. These
will be internal transfers with no change to the total budget amount.
Upon motion made by Charles W. Orndoff, Sr., 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, Sf. - Aye
2. Landfill A2reement - Approved
The Director of Public Works presented the proposed landfill agreement and highlighted the
items that have been rejected by the City of Winchester. John Riley presented a brief history of our
negotiation with the city concerning the landfill agreement. In this presentation, he summarized the
main points of contention.
After discussing this issue at length, a motion was made by Jim Wilson and Jim Vickers to
adopt the language included in alternative number one under section seven. Basically, this alternative
defines the landfill committee as an advisory group only and provides the following representation:
three from the City of Winchester, three from Frederick County and one from Clarke County. The
motion was unanimously endorsed for submittal to the board for their action. The board had
previously endorsed this same language prior to modification by the City of Winchester (see
Attachment 2 and 2a).
Upon motion made by Charles W. Orndoff, Sf., seconded by W. Harrington Smith, Jr., the
landfill 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
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Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
3. Road Si2n Contracts - Approved
Because of problems related to manufacturing signs in a timely manner, the Public Works
Department solicited new proposals for the manufacture and installation of road signs. These
requests for proposals were advertised separately resulting in eight (8) responses related to
manufacturing signs and two (2) proposals to install the signs. The results of the sign manufacturing
proposals are tabulated in the attached memorandum from Joe Wilder dated March 19, 1997 (see
Attachment 3).
Based on a comparison of the proposals, we are recommending that Winchester Business
Services - A Sign Place be selected to provide signs for our road maintenance program. A motion
was made by George Ludwig and seconded by Tom Offutt to approve the selection of Winchester
Business Services - A Sign Place and award a contract accordingly. This motion was unanimously
approved.
Because the response to the installation of the signs was very poor, the Public Works Director
requested that their department be given the authority to solicit proposals from individuals interested
in installing the signs on a part-time basis. The committee agreed with this approach. Therefore, the
Public Works Department will attempt to solicit proposals from an individual or individuals interested
in providing this service on a timely basis.
Upon motion made by Charles W. Orndoff, Sr., 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
4. Bondin2 for Land Disturbance Permits - Approved
The Director of Public Works presented proposed revisions or alternatives to the erosion and
sediment control ordinances. In addition, a unit price list of erosion and sediment control measures
was presented for the purpose of bonding land disturbance permits. The idea of bonding the erosion
and sediment control measures was not considered a satisfactory approach to enforcement.
Therefore, the Public Works Department will continue their practice of issuing stop work orders
when the site work contractors fail to address erosion and sediment control issues (see Attachment
4).
After reviewing the proposed changes to our current erosion and sediment control ordinance
and comparing these to the new abbreviated version developed by the Department of Conservation
and Recreation, the committee decided to adopt the new abbreviated version. A motion was made
by W. Harrington Smith, Jr. and seconded by George Ludwig to adopt the abbreviated version. This
motion was unanimously approved.
5. Reauest to Make Hav on County Property at Lakeside - Approved to Go Out
to Bid
The Public Works Department recently received a request from David Whitacre to cut hay
on the county owned property at Lakeside.
A motion was made by W. Harrington Smith, Jr. and seconded by Tom Offutt to approve this
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request. The motion was unanimously approved.
Mr. Orndoff explained that it is necessary for this to go out to bid.
Upon motion made by Charles W. Orndoff, Sr., seconded by Richard C. Shickle the request
to cut hay on the Lakeside Property will go out to bid.
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
6. Rabies Clinic - Aooroved
The animal shelter has requested to continue their practice of sponsoring two rabies clinics
per year. This request needs to be submitted to Dr. Khodr, Director of the Lord Fairfax Health
Department. A sample letter is attached (see Attachment 5).
A motion was made by Tom Offutt and seconded by George Ludwig to approve the request
and submit it to the board for their review and approval. The motion was unanimously approved.
Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., the
request to sponsor two rabies clinics 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 items were submitted to the board for information only:
1. Develooment of Office Soace for the Commonwealth Attornevs Office
A request was made by the Commonwealth Attorney for additional office space. This request
was submitted to the Public Works Committee via the Finance Committee. Basically, the Finance
Committee had tasked the Director of Public Works with the responsibility for developing a ten (10)
year space allocation scheme for the Commonwealth Attorneys office and determining budget
estimates for this space. The attached tabulation highlights the space requirement projections for the
Commonwealth Attorneys office. The resulting total gross area was 4,860 square feet (see
Attachment 6).
Discussions with Shockeys, Inc. representatives indicate that unit costs associated with
developing this space could range from $38 to $40 per square foot. Approximately $3 to $4 of this
range would be design costs.
There are basically two options associated with the design and construction ofthe proposed
office space which will be located on the second floor of the new county office building. The first
option is to negotiate with Shockeys Inc. under a change order to their current contract which has
not been closed out. Under this option we would elect to pursue a two-phased approach. The first
273
phase would be the design of the new space. Costs associated with this phase would be in the range
of$3 to $4 per foot. The design would then be used as a basis for pricing the construction cost. In
each phase, the costs would be negotiated.
The advantages of negotiating a contract change order with Shockeys, Inc. would include a
timely construction schedule, and a possible cost savings. It is anticipated that this option would
allow an occupancy date on or about September 30, 1997.
The second option would follow the normal procurement procedure of advertising and
selecting an architectural firm; preparing bid documents, and advertising and selecting a contractor
by the bidding process. Even though this option could possibly result in a lower cost, the process
from start to finish could approach 12 months or longer. Also, the construction activities by another
contractor may void Shockeys, Inc.' s warranty for a portion of the building.
After weighing the options, the committee recommended that we approach Shockeys, Inc.
concerning the development of the second floor as office space for the Commonwealth Attorney.
The committee further recommended that we pursue a two-phased approach with the latter phase
based on the initial design of the office space. In this manner the board of supervisors will have the
prerogative of approving each phase separately. For budget purposes, the committee recommended
that the range of$38 - $40 per square foot be used as a maximum amount.
Mr. Strawsnyder reported that he is waiting to receive the final report from Shockeys.
4. Miscellaneous Reports
a. Animal Shelter Report- Dogs (see Attachment 7);
b. Animal Shelter Report - Cats (see Attachment 8);
c. Tonnage Report (see Attachment 9); and
d. Recycling Report (see Attachment 10).
COUNTY EMERGENCY COMMUNICA nONS COMMISSION REPORT -
RECEIVED AS INFORMATION
Mr. Sager presented this report to the Board.
The Frederick County Communications Committee met on March 21, 1997, and was called
to order at 4:20 p.m.. by Mr. Robert Sager. Present this date were Mr. Robert Sager, Sheriff Bob
Williamson, Mr. Thomas W. Owens, Mr. Frank Spurr, Mr. Perry Silva, and members of the media.
This meeting will include items from Mr. Owens agenda and agenda items referenced in Mr.
Frank Spurr's letter dated March 16, 1997. Both of which are attached. No items were added to the
agenda.
Committee Oreanization
Sheriff Williamson made a motion that Mr. Robert Sager be elected Chairman to chair this
committee. Mr. Perry Silva seconded the motion. There was no discussion and all were in favor of
said motion. Mr. Perry Silva made a motion that Sheriff Williamson be elected Vice-Chairman. Mr.
Frank Spurr second that motion. There was no discussion and all were in favor of said motion.
Fire and Rescue are to provide staff support to this committee. Judy Combs who is the
administrative assistant for the Fire and Rescue Department will be attending for the purpose of
minutes and the development of the committee report which will be required to go to the Board of
Supervisors. No motion is needed for this appointment.
There was a brief discussion on meeting dates. This committee would like to get moving to
make up time and get back on schedule. Committee decided it will be meeting ever two weeks
initially and then not as often later on. A lot of work to be done right now and decisions to be made.
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Next meeting will be March 28th at 4:00 p.m. in the Board Executive Session Room. This will set
a precedence with meetings being every two weeks thereafter. (Aprilllth & 25th, etc.)
Chairman Longerbeam asked if the City of Winchester had been contacted.
Mr. Sager replied they had been contacted by letter as well as a verbal invitation; however,
their reply was they are not prepared at this time to any commitment.
Mr. Shickle asked who was the "Chair" of the committee doing the interviews?
Mr. Sager replied, Sheriff Williamson.
Communications Directors Position
Applications have been received and reviewed by Chairman Sager, Tom Owens, and Sheriff
Williamson. Mr. Silva and Mr. Spurr will be reviewing these in the near future.
SheriffWlIliamson made a motion that Mr. Tom Owens, Director of Fire and Rescue, himself,
as Chair, and a committee member as citizen representative, and Ms. Kelican, or a representative of
the Personnel Department be appointed to the Selection Committee. There was discussion on the
committee representative and thru mutual agreement and schedule availability, Mr. Frank Spurr will
serve on the committee. Everyone will always be informed. Mr. Perry Silva seconded the motion
and there was no further discussion. All were in favor of this motion.
Selection Committee Representatives - Sheriff Bob Williamson
Mr. Thomas Owens
Mr. Frank Spurr
Ms. Ann Kelican
Computer Aided Dispatch
Update of what is happening with CAD was given by Tom Owens. Vendor demonstrations
were given for CAD systems and the RFP did go out and two responses were received. Only one
was considered responsive to the RFP, the other was hardware only no software. There is a firm bid
in hand that addresses CAD needs for City and County Fire and Rescue and Law Enforcement. Site
visits have been made to view the vendors product. Locally, we have head a good experience with
AMT, Applied Micro Technology, as a vendor. The proposal was for one system for both
jurisdictions. There was lengthy discussion on the CAD system and how we would go on line with
the City jointly and then expand it for our needs later on. We must stay in touch with the City
because of the close working relationship that exists.
The grant will expire on June 30, 1997. Contract has to be signed by this date. Staff needs
direction to get back with the City staff so that we can mutually proceed to tie up the loose ends and
get authorization for purchase of the CAD components so that we can move forward so not to
jeopardize any ofthe grant monies currently available.
Sheriff Williamson made a motion to advise the committee to move forward on the CAD
proposal. Mr. Perry Silva seconded this motion. Mr. Owens and Sheriff Williamson will provide the
guidance for their moving forward on this project. There was no further discussion and the motion
carried unanimously.
Communications Center Construction
It was discussed and decided that there would not be a need or requirement for any more or
less space whether it be a County or joint facility. It is necessary at this point to get an architect in
to determine what is feasible and what is not as far as space requirements. It is important also at this
point to get organized and look at what is needed to be done first and so on. There was various
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discussions on layout and structure of the facility. Some professional advice is needed at this point.
It was felt by the committee that the layout should be reviewed in more detail. Mr. Spurr, Sheriff
Williamson, and Tom are to get together within the next two weeks to look at space utilization in
basement.
Communications Eauioment
It was decided that the committee is not ready for discussion on the communication
equipment at this point. There was discussion on Bell Atlantic and signing a contract as soon as
possible. Our database is in very good shape and we have been told that 6 months is the minimum
turn around time from the signing of a contract. Committee would like Bell Atlantic to be at one of
the next two meetings and be prepared to present a proposal to the committee. Mr. Owens will
contact
Bell Atlantic reference attending meeting and also obtain clarification from Mr. Riley as to
Bell Atlantic being a sole source. The proposal and clarification will be sent to Mr. Ambrogi for
review.
Name of Committee & Bv-Laws
There was some discussion on a name, such as a board, commission, or committee. What can
be used, what was the boards preference? The Board approved it as the Frederick County
Communications Committee. Chairman Sager asked that Mr. Perry Silva, Sheriff Williamson, and
Mr. Frank Spurr use the joint by-laws as a basis to develop by-laws for the County Committee, to
title the Communications Committee and facility, and to incorporate a mission statement also. Any
and all information presented and approved by this committee will be presented to the Board for their
approval.
Prooosed Course of Action
'" Hire Director
'" Space & Design Layout
'" CAD & making the purchase
It was felt by the committee that deadlines should be set but it is still a little early to do this.
Mr. Spurr will deal with FCC (Federal Communications Commission). The committee will continue
to look at our resources and draw others in for input. The committee needs to get the long range
projects going and work on the short range ones at the same time. There are some time sensitive
issues that will need to be addressed.
Al!"enda Items - March 28. 1997
'" Bell Atlantic's Presentation
'" CAD Update - Joey Henry
'" Mr. Strawsnyder (layout & design - RFP)
'" Report from Selection Committee
Sheriff Williamson made a motion to adjourn the meeting which was seconded by Mr. Perry
Silva. The meeting of the Frederick County Communications Committee was adjourned at 5:25 p.m.
this date.
End of Committee Reports.
DEPARTMENTAL ANNUAL WORK PROGRAMS - APPROVED UNDER
CONSENT AGENDA
BOARD OF SUPERVISORS COMMENTS
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Mrs. Douglas expressed concern about the vandalism through out the county with regard to
the street/road signs, and asked what could be done to stop this.
Mr. Strawsnyder responded that this expense runs about $30,000 per year. He explained there
is a new technique which is being used in erecting the signs, which has helped; however, the problem
is still there.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD,
THIS MEETING IS HEREBY ADJOURNED.
ames L. Longerbeam
Chairman, Board of Supervisors