December 10, 1997 Regular Meeting
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A Regular Meeting of the Frederick County Board of Supervisors was held on December 10,
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
Board member Robert M. Sager delivered the invocation in absence of the scheduled minister.
W. HARRINGTON SMITH. JR.. AND CHARLES W. ORNDOFF. SR.. SWORN IN
BY CIRCUIT COURT CLERK BECKY HOGAN
SHAWNEE DISTRICT BOY SCOUT TROOP RECOGNIZED BY BOARD
Board member Harrington Smith welcomed local Boy Scout Troop I from Shawnee District,
as well as their leaders, and asked that each member address the board and identify themselves.
ADOPTION OF AGENDA
Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the agenda
was adopted 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
CONSENT AGENDA
County Administrator, John Riley, suggested the following tabs for approval under consent
agenda:
I. Public Hearing Date Scheduled for Planning Commission Public Hearing Items - Item
C;
2. Renewal of A.SAP. Lease - Tab E;
3. Approval of Lease Agreements with Lord Fairfax Health District and the Department
of Historic Resources - Tab F;
4. Correspondence from Director of the Frederick County Sanitation Authority Re:
County's Participation in the Minimum Instream Flow Program as Suggested by
LFPD - Tab G;
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5.
American Battlefield Protection Program Grant Application - Tab Q;
6.
County Emergency Communications Commission Report - Tab S.
Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the
consent 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
Mr.Pat Clawson, resident of Clarke County, appeared before the Board to oppose the
Cardinal Glass Company who is looking at possibly locating a plant in Frederick County. He cited
problems with acid rain and filth in general as a result of what is released from this plant as a result
of their operation. He asked the Board to reconsider there decision on allowing Cardinal Glass to
locate in Frederick County.
Chairman Longerbeam replied that Board members seldom reply to citizen comments;
however, he felt he should respond to Mr. Clawson's remarks.
He feels the process should be allowed to proceed. If after all the facts and figures are in and
at that time it appears there are any problems with this plant and the environment the Board members
will address any concerns at that time.
Mr. Clawson replied that the numbers he referred to are numbers provided by Cardinal Glass.
APPROVAL OF MINUTES
Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, the minutes
of the Regular Meeting of November 12, 1997, were 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. - Aye
LAURA A. DUFFORD APPOINTED TO COUNTY EXTENSION LEADERSHIP
COUNCIL - STONEWALL DISTRICT
Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., Laura
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A. Dufford was appointed to the County Extension Leadership Council from Stonewall District. This
is a four year term. The term will expire on January 13, 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
MARY M. WILKINS APPOINTED TO COUNTY EXTENSION LEADERSHIP
COUNCIL TO MEMBER-AT-LARGE SEAT
Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, Mary M.
Wilkins was appointed to the County Extension Leadership Council. This is a four year term. This
term will expire on January 13,2002.
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
DON TAYLOR REAPPOINTED TO COUNTY TRANSPORTATION COMMITTEE
FROM STONEWALL DISTRICT
Upon motion made by Charles W. Orndoff, Sr., seconded by Margaret B. Douglas, Don
Taylor was reappointed to the County Transportation Committee from Stonewall District. This is
a four year term. This term will commence on January 13, 1998 and expire on January 13, 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. ShickIe - Aye
Charles W. Orndoff, Sr. - Aye
RICHARD Co SmCKLE REAPPOINTED TO THE FREDERICK-WINCHESTER
SERVICE AUTHORITY
Upon motion made by Robert M. Sager, seconded by Margaret B. Douglas, Richard C.
Shickle was reappointed to the Frederick-Winchester Service Authority for a three year term. This
term will commence on January 7, 1998, and expire on January 7, 2001.
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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 DATE SCHEDULED FOR PLANNING COMMISSION ITEMS -
APPROVED UNDER CONSENT AGENDA
The following items will be scheduled for public hearing on January 14, 1998:
1. Conditional User Permit #018-97 of Thomas A. and Kim L. Hazard.
2. Rezoning Application #005-97 ofC.L.Robinson Corporation.
3. Proposed amendment to the Frederick County Comprehensive Policy Plan.
CONSIDERATION OF INVOICE RECEIVED FROM SHAWNEE-LAND UTILITY
COMPANY - DENIED
Mr. Riley presented a statement that was received recently from Shawnee Land Utilities
Company, Inc. in the amount of$2160.00 for 1996 and 1997 Availability Fees.
Upon motion made by Richard C. Shickle, seconded by Robert M. Sager, the above request
for payment 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
RENEWAL OF A.S.A.P. LEASE - APPROVED UNDER CONSENT AGENDA
DEED OF LEASE FOR LORD FAIRFAX HEALTH DISTRICT - THIS IS FOR
SPACE LOCATED AT 107 NORTH KENT STREET - APPROVED UNDER
CONSENT AGENDA
DEED OF LEASE FOR DEPARTMENT OF HISTORIC RESOURCES - THIS IS
FOR SPACE LOCATED AT 107 NORTH KENT STREET - APPROVED UNDER
CONSENT AGENDA
DIRECTOR OF THE FREDERICK COUNTY SANITATION AUTHORITY
RENDERS OPINION ON COUNTY'S PARTICIPATION IN THE MINIMUM
IN STREAM FLOW PROGRAM AS RECOMMENDED BY LORD FAIRFAX
PLANNING DISTRICT STAFF - COUNTY SHOULD NOT PARTICIPATE -
APPROVED UNDER CONSENT AGENDA
PUBLIC HEARING - CONVEYANCE OF EASEMENT FOR COMMUNICATION
SYSTEM - THE BOARD OF SUPERVISORS. AS THE GOVERNING BODY FOR
THE SHAWNEE-LAND SANITARY DISTRICT. WILL HOLD A PUBLIC
HEARING CONCERNING A REQUEST FOR THE CONVEYANCE OF AN
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EASEMENT TO BELL-ATLANTIC-VIRGINIA. UPON CERTAIN LAND OWNED
BY THE SHAWNEE-LAND SANITARY DISTRICT FOR A COMMUNICATION
SYSTEM. ANY CITIZEN OF SUCH SANITARY DISTRICT MAY APPEAR AT
SUCH PUBLIC HEARlNG AND COMMENT UPON SUCH PROPOSED
CONVEYANCE. A COPY OF mE PROPOSED DEED OF EASEMENT AND
SURVEY PLANT IS AVAILABLE FOR PUBLIC INSPECTION IN THE OFFICE OF
mE COUNTY ADMINISTRATOR - APPROVED
There was no public input.
Upon motion made by Margaret B. Douglas, seconded by W. Harrington Smith, Jr., the above
Conveyance of Easement 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 - PROPOSED AMENDMENTS TO mE FREDERICK
COUNTY CODE. CHAPTER 155. TAXATION: ARTICLE I. GENERAL
PROVISIONS: TO AMEND SECTION 155-4. PENALTY FOR LATE PAYMENT
AND SECTION 155-6. INTEREST ON DELINOUENT TAXES: ARTICLE XU.
TRANSIENT OCCUPANCY TAX: BY DELETING AND REPEALING SECTION
155-55. PENALTY AND INTEREST AND REPLACING IT WIm A NEW SECTION
155-55.PENALTY AND INTEREST. PARAGRAPHS A AND B: RENAME ARTICLE
XVII. MEALS TAX TO FOOD AND BEVERAGE TAX: AMEND SECTION 155-120.
PENALTY AND INTEREST FOR FAILURE TO PAY FOOD AND BEVERAGE TAX
WHEN DUE. PARAGRAPH A. THE PURPOSE OF THESE PROPOSED
AMENDMENTS IS TO ELIMINATE mE AMBIGUITY OF LANGUAGE IN
THESE SECTIONS HAVING TO DO WITH TEN PERCENT (10%) PENALTIES
FOR LATE FILING AND/OR LATE PAYMENT - REFERRED BACK TO
COMMITTEE FOR FURTHER STUDY
BE IT ORDAINED, that Chapter 155, Taxation; Article I, General Provisions; Section 155-
4, Penalty for Late Payment and Section 155-6, Interest on Delinquent Taxes; Article XlI, Transient
Occupancy Tax; by Deleting and Repealing Section 155-55, Penalty and Interest and Replacing it
with a New Section 155-55, Penalty and Interest, Paragraphs A and B; Rename Article XVII, Meals
Tax to Food and Beverage Tax; and Amend Section 155-120, Penalty and Interest for Failure to Pay
Food and Beverage Tax When Due, Paragraph A, to read as follows:
~155-4.
Penaltv for late navment.
There is hereby imposed a penalty of ten percent (10%) of the taxes past due which shall
apply to any of the following taxes, including assessments, fees or charges: for any of the follOwing
~ real estate, tangible personal property, sanitary district, machinery and tools, business Ikense5,
tl ansient occupancy licenses, meallkMses, public service, bank franchise and streetlights.
~155-6.
Interest on delinQuent taxes.
Pursuant to the authority granted by ~58.1-3916 of the Code of Virginia, 1950, as amended,
interest shall be due and payable on all delinquent taxes on tangible personal property, machinery and
tools,.rea1 estate, sanitary district tax, transient occupancy license tax (Iode:in~ tax), rneallicense tax,
food and bevera2e tax (meals tax), public service tax, bank franchise tax, streetlights tax and all
penalties thereon from the first day following the day such taxes or nenalties are due at the rate of
ten percent (10%) per annum.
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~155-55.
Penaltv and interest.
A. If any person whose duty it is to do so shall fail or refuse to make the report 01 I ennllhe
tax as required by this Article within the time and in the amount required, there shall be added to the
tax by the Commissioner a penalty in the amount often percent (10%) of the tax, or a minimum of
two dollars ($2.), whichever is ereater. if such fMule is not mOle tl.AlIlhi.ly (JEl) dayS dulalioJl, and
lheJeaftel inlw;st shall be payable on such oveldue tlU in the amount of ten pe!cent (10%) per
annum.
B. In addition to such penalty, interest at the rate often percent (10%) per annum
shall accrue and be added to all due and unpaid taxes and penalties beginning with the first
day following the imposition of the penalty; provided, however, that for the second and
subsequent years of delinquency, such interest shall be at the rate established pursuant to
Section 6621 ofthe United States Internal Revenue Code of 1986, 26 U.S.c. Paragraph 6621,
as amended, but not less than ten percent (10%). Taxes and penalties herein provided shall
be assessed and collected in the manner provided by law for the enforcement of the collection
of other taxes.
ARTICLE XVD
MEALS TAX FOOD AND BEVERAGE TAX
~155-120.
Penaltv and interest for failure to nav meals food and beveral!e tax when due.
A The! e shall be a petla:lly often pet CeIll (10%) added to all.lIeals lllAes imposed undel the
plovisiOJls oflhis At tide that ale unpaid on the due dates as plovided in tins Attick
A. If anv nerson whose duty it is to do so shall fail or refuse to make the renort as
reQuired bv this Article within the time reQuired. there shall be added to the tax bv the
Commissioner a nenaltv in the amount often nercent (10%) of the tax. or a minimum of two
dollars ($2.). whichever is I!reater.
B. In addition to such penalty, interest at the rate often percent (10%) per annum shall
accrue and be added to all due and unpaid taxes and penalties beginning with the first day following
the imposition of the penalty; provided, however, that for the second and subsequent years of
delinquency, such interest shall be at the rate established pursuant to Section 6621 of the United
States Internal Revenue Code of 1986,26 U.S.C. ~6621, as amended, but not less than ten percent
(W'Io). Taxes and penalties herein provided shall be assessed and collected in the manner provided
by law for the enforcement of the collection of other taxes.
Mr. Riley presented this request to the Board.
Mr. Shickle stated that he felt this amendment needed additional work and asked that it be
sent back to staff and committee.
There was no public input.
Upon motion made by Richard C. Shickle, seconded by Charles W. Orndoff, Sr., the above
ordinance amendment was referred back to staff and committee for further study 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
PUBLIC HEARING - PROPOSED AMENDMENTS TO THE FREDERICK
COUNTY CODE. CHAPTER 155. TAXATION. ARTICLE m. SENIOR CITIZENS
AND DISABLED PERSONS EXEMPTION: TO AMEND SECTION 155-18.
OUALIFICATIONS FOR EXEMPTION. PARAGRAPHS E AND F: SECTION 155-
20. CALCULATION OF AMOUNT OF EXEMPTION. THE PURPOSE OF THESE
PROPOSED AMENDMENTS IS TO COINCIDE WITH THE NEW MINIMUM
INCOME REOUIREMENTS AS PROVIDED IN THE STATE ENABLING
LEGISLATION IN ORDER TO OUALIFY FOR TAX RELIEF FOR THE ELDERLY
- TO BE READVERTISED
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.
Oualifications for Exemption.
E. The gross combined income from all sources of such claimant owner or owners of
such dwelling living therein and of their relatives living in such dwelling for the immediately preceding
calendar year does not exceed the sum oft ..enty-fi ve lh~usAnd dolla1s ($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 I!ross combined income of the claimant owner or owners shall not include
UP to fifty thousand dollars ($50.000.) oflife insurance proceeds pain upon the death of one
of such owners and pavable to the spouse. nor shall it include proceeds from increased debt
from extension of mortl!al!es or life insurance proceeds of the claimant owner or owners.
Anv income used in the calculation of tax relief under this chapter shall include
all and anv income of the claimant owner or owners of such dwellinl! and of their relatives
livinl! therein. as set forth in this chapter. rel!ardless 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 ofthe year inlmediately preceding the taxable year
for which the exemption is claimed, does not exceed sixty five thousand dollms ($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 of the dwelling for which
exemption is claimed and of the land not exceeding one (I) acre upon which it is situated. Furniture.
fixtures. and appliances in such exempt residence shall also be excluded from the net worth
calculation providinl! thev are normal and reasonable to the use and maintenance of the
property as the residence of the qualifyina: owner or owners. Net worth is computed by
subtracting liabilities from assets.
~155-20.
Calculation of amount of exemption.
The amount of the exemption granted pursuant to this Article shall be a percentage ofthe 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
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$11,001 to $14,000 $14.001 to $17.000 85
$14,001 to $17,000 $17.001 to $20.000 70
$17,001 to $20,000 $20.001 to $25.000 50
$20,001 to $25,000 $25.001 to $30.000 25
There was no public input.
Mr. Riley advised the Board that the word Minimum was used in the text of this proposed
amendment when it should have read Maximum and inquired of the county attorney as to whether
this would need to be readvertised.
Mr. Ambrogi stated that he felt it should be readvertised.
Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sf., the above
ordinance amendment will be readvertised and be brought back to the Board at a later date.
The above motion was approved by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jf. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
PLANNING COMMISSION BUSINESS:
PUBLIC HEARING - CONDITIONAL USE PERMIT #016-97 OF JOYCE M.
BRINKLOW FORA COTTAGE OCCUPATION/BARGAIN RETAIL STORE. THE
PROPERTY IS LOCATED AT 8421 VALLEY PIKE AND IS IDENTIFIED WITH
PIN 90-A-56 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.
There was no public input.
Upon motion made by Margaret B. Douglas, seconded by W. Harrington Smith, Jr.,
conditional use permit #016-97 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 - CONDITIONAL USE PERMIT #017-97 OF ELIZABETH T.
ROBINSON FOR A COTTAGE/OCCUPATION/CRAFTS. DECORATING
LESSONS. COOKING DEMONSTRATIONS. ETC. THE PROPERTY IS LOCATED
AT 4468 MIDDLE ROAD AND IS IDENTIFIED WITH PIN 74-A-2 IN THE BACK
CREEK MAGISTERIAL DISTRICT - APPROVED
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Mr. Michael 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 Margaret B. Douglas, seconded by W. Harrington Smith, Jr.,
conditional use permit #017 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 - UPDATE OF THE 1998-1999 FREDERICK COUNTY
SECONDARY ROAD IMPROVEMENT PLAN - APPROVED
Mr. Evan Wyatt, assistant planning director, presented this plan to the Board noting that there
were three addendum to the original plan for board consideration.
Mr. Wyatt explained that the proposed plan update recommends no new projects for the
major road improvement and hard surface road improvement sections, and calls for 11 new incident
construction projects. The primary revisions to the major road improvement reflect new
advertisement dates for the Middle Road and Greenwood Road projects. The Middle Road project
has been pushed back three months, while the Greenwood Road project has been pushed back six
months. The hard surface road improvement section has been revised based on the recently adopted
rating system policy. A new category for unscheduled projects has been incorporated into the plan
which reflects the cumulative point average for each candidate project. The incidental construction
improvement section has been modified to incorporate]] new projects that are based on VDOT,
staff, and citizen input. These projects are anticipated to be completed during the] 999-2000 VDOT
fiscal year.
Mr. Wyatt further explained that the three addendum's are as follows:
1. MAJOR ROAD IMPROVEMENT PROJECTS
Warrior Drive from Route 277 to Route 642; 1.55
miles; Opequon District; Unscheduled.
(It is recommended that this project be ranked #5, following the four projects that
have proposed advertisement dates.)
2. INCIDENTAL CONSTRUCTION PROJECTS
Project #10 Route 661
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(It is recommended that the description of this project be modified to include: new
turn lane; widening of railroad crossing; and enhance signalization.)
New Signalization at Route 642 (Taser Road) and Route 647 (Aylor Road)
intersection; Opequon and Shawnee District; Fiscal Year 1998/1999.
(It is recommended that this project be ranked #10 to attempt and accomplish this
enhancement during the upcoming fiscal year.)
Mr. Jerry Copp, VDOT resident engineer, appeared before the Board to address any concerns
or questions the Board might have. He did explain that Route 642 had been dropped accidentally by
VDOT, but that this would be corrected.
Barbara Burroughs, Opequon District, appeared before the Board and asked that they approve
the secondary plan as presented.
Bee Montgomery, Gainesboro District, appeared before the Board endorsing the plan and
asked the Board to approve it.
Mr. Sager advised that his district lost approximately twenty-eight to thirty-eight projects;
therefore, he could not support this plan.
Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shickle, the 1998-
] 999 Secondary Road Improvement Plan along with the Addendum's, were approved by the
following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Nay
Richard C. Shiclde - Aye
Charles W. Orndoff, Sr. - Aye
PUBLIC HEARING - UPDATE OF THE 1998-1999 FREDERICK COUNTY
COMPREHENSIVE PLAN - APPROVED
Mr. Evan Wyatt presented this plan to the Board.
There was no public input.
Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the 1998-
] 999 Update of the Frederick County Comprehensive Plan 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
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End of Public Hearings.
MASTERDEVEWPMENT PLAN #007-97 OF WESTMINSTER CANTERBURY -
APPROVED
Mike Ruddy presented this Master Development Plan #007-97 to the Board.
Mark Smith of Greenway Engineering appeared before the Board to answer any questions
the Board might have.
Upon motion made by Richard C. Shickle, seconded by Robert M. Sager, Master
Development Plan #007-97 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. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
INFORMA TTON REGARDING MIDDLETOWN AND ARMEL ELEMENTARY
SCHOOL ADDillONS - FOR INFORMA TTON ONLY
Mr. Tom Sullivan, assistant superintendent, presented this information to the Board.
AMERICAN BATTLEFIELD PROTECTION PROGRAM GRANT APPLICA nON -
APPROVED UNDER CONSENT AGENDA
Staff has prepared a grant application for the National Park Service's American Battlefield
Protection Program. If approved as requested, the grant would provide the County with $25,000 in
funding for the purpose of drafting a preservation plan for the entire Third Winchester (Opequon)
Battlefield. This plan would document the ownership and boundaries of those parcels ofland which
comprise the core areas of the battlefield.
FISCAL IMPACT MODEL UPDATE
Mr. Kris Tierney, planning director, appeared before the Board and advised the Board that
the Planning Department staff has completed the update of the County's Fiscal Impact Model. He
explained that during the process of the update, it was apparent that the model, as currently
formulated, does not address certain fiscal impacts of rezoning that the County is now incurring, or
shortly will be. These impacts include such things as the growing need to provide satellite office
space for the Treasurer and Sheriffs departments, and the demand for additional library and
government office and/or maintenance facilities.
He explained that there is an obvious capital cost associated with the creation of such facilities
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and that a need for these type of facilities has been identified; however, the fiscal impacts on the
County's budget of providing these facilities are not reflected in the proffer monies the county is
receiving. For this reason, the Department has prepared a Request for Proposals (RFP) to solicit the
services of a qualified consultant to evaluate the county's current model and incorporate the additional
cost, along with any others that might be recommended, into the current model formulas.
Mr. Tierney explained that the department does have $12,000.00 available in their
Professional Services line item which could be used to pay for the consultant services. Not knowing
at this point what the range of costs submitted in response to RFP might be, Mf. Tierney asked the
Board to grant his department permission to enter into a contract not to exceed $15,000.00 should
these additional funds be necessary to secure a qualified consultant.
Mr. Sager asked why this could not be done inhouse?
Mr. Tierney replied that the staff did not have the expertise, in this particular area, in order
to supply the needed information.
The Board consensus following discussion was that the planning staff proceed with the RFP
and report back to the Board once this information was available.
End of Planning Commission Business.
COMMITTEE REPORTS:
COUNTY EMERGENCY COMMUNICATIONS COMMISSION REPORT -
APPROVED UNDER CONSENT AGENDA
The Frederick County Emergency Communications Commission met on Monday at 4:30 p.m.
Present were Commission Members 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, Representatives from Architects Reader & Swartz, P.C., and members of the media.
The following items were discussed and submitted for the board's information only:
1. Communication Directors ReDort
The voting machines have been removed from the Judicial Center space. A memo has been
sent to County Administrator John Riley, requesting assistance in the removal of materials stored in
that space.
o System Upgrade Status Report
Mr. Frank Spurr submitted a written report to the Commission. No further discussion
was held.
o Dispatcher Testing
Mr. Webb noted that 19 people applied, 12 took the examination, and six passed. Of
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those six passing, four background investigations are under way. Another test is tentatively set for
January 6,1998.
o Probationary Periods
Mr. Webb stated the Board of Supervisors Personnel Committee met and approved
the one-year probationary period for new employees and new supervisors.
o Reclassification Plan
Mr. Webb stated there was not enough time to prepare the packet for the November
meeting. It will be placed on the agenda for the Personnel Committee s December meeting. This will
complete the action in time for the BOS meeting in December. Letters have been drafted to the
Personnel Committee and the BOS with the endorsement of the Emergency Communication
Commission.
o Architectural & Engineering Update
Mr. Webb explained that all the changes requested by staff, Commission members,
dispatchers, etc. were reviewed and given to the architects and Mr. Schwartz was introduced to
discuss the blueprints. Mr. Webb and Mr. Schwartz stated that time line was crucial as he passed out
a blueprint copy to everyone for review and discussion. Dwyer Engineering and Reader & Schwartz
have reviewed strategy and will be doing the engineering review. The Commission discussed the
blueprint. Mr. Spurr gave Mr. Webb his General Work Plan for review. This plan was compiled
earlier by the Commission.
Mr. Spurr moved to proceed and accept the floor plan as presented. Mr. Silva
seconded. This motion was unanimously approved
o Winchester Upgrade
Mr. Webb and Fire & Rescue Director Tom Owens, as directed by the Commission,
met with Chief Miller, Wmchester Department of Fire & Rescue. After reviewing the proposal Chief
Miller presented for offsetting the upgrade costs, they requested an itemized breakdown. Mr. Webb
and Mr. Owens feel they needed some additional clarification from the City. A motion by Mr.
Spurr was made to direct staff to get additional detail of costs, Mr. Silva seconded. This motion
was unanimously approved.
2. New Business
No New Business.
3. Meetin!! Date
The next meeting date of the commission will be Monday, November 24, 1997 at 4:30 p.m.
PERSONNEL COMMITTEE REPORT
The Personnel Committee met at 8:30 a.m. on December 3, 1997, in the County
Administration Conference Room with the following members present: Margaret Douglas, chairman;
Harrington Smith; Michael Foster; Toni Wallace; John Riley; and Ann Kelican. Robert Gordanier
was absent.
The committee submits the following report and recommendations for your consideration:
1. Joint Communications Center Director Request to Reclassifv Disoatcher and
Disoatcher Suoervisor Positions - Aooroved
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The committee reviewed the attached request from the Joint Communications Center director
to reclassifY the dispatcher position from Range 9 to Range 11 and the dispatcher supervisor position
from Range 11 to Range 13. This request does not require additional funding, and will be funded
through the transfer of approximately $8441 within the communications center budget. The
committee recommends approval of this request (see Attachment A).
Upon motion made by Margaret B. Douglas, 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
2. Request to Fill Vacant Zonin!! Administrator Position - Approved
The committee reviewed the attached request to fill the vacated zoning administrator position
and recommends approval of same. This is a budgeted position and does not require additional
funding (see Attachment B).
Upon motion made by Margaret B. Douglas, 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
3. Request from Personnel Director for Staff Promotion - Approved
The committee reviewed the attached request from the personnel director for promotion of
the Secretary I, Range I, in the personnel department, to Administrative Assistant, Range 12. This
request will be funded through transfers within the personnel department budget and no additional
county funds are necessary. The committee recommends approval of same (see Attachment C).
Upon motion made by Margaret B. Douglas, seconded by W. Harrington Smith, Jr., 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
FINANCE COMMITTEE REPORT
The Finance Committee met in the First Floor Conference Room at 107 North Kent Street
on Wednesday, November 19, 1997 at 8:00 a.m.
The agenda items are as follows:
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1. The Finance Director Reviewed the Monthlv Financial Reoort for Month
Endin!! Seotember 30. 1997
See attached memo, p. 1-2.
2. The Sheriff Reouests a General Fund Suoolemental Aoorooriation in the
Amount of$551.11- Aooroved
This amount represents the Sheriffs Department share in a recent forfeiture and needs to be
placed in line item 3102-5413-000-007 Forfeited Property - Surplus. No additional local funds are
needed. See attached memo, p. 3. The committee recommends approval.
Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shickle, 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. The Sheriff Reouests a General Fund Suoolemental Aoorooriation in the
Amount of $4.288 - Aooroved
This amount represents a compensation board allocation that was approved for a computer
conversion. No additional local funds are needed. See attached memo, p. 4-5. 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. - Aye
4. The P1annin!! Director Reouests a General Fund Suoolemental Aoorooriation
in the Amount of $195.723.96 - Aonroved
This amount represents a carry-forward and is needed to fulfill the County's contractual
agreement with Michael Baker, Jr. regarding the Route 37 contract. No additional local funds are
needed. See attached memo, p. 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. - Aye
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5. The School Finance Director Reouests a School Fund Suoolemental
AODrooriation in the Amount 0($140.501- Aooroved
This amount represents additional funds expected from State K-3 Initiative funds. The School
Finance Director also requests a School Fund supplemental appropriation in the amount of
$81.923.73. This amount represents VI-B Flow-through funds being greater than anticipated. No
additional local funds are needed. See attached memo, p. 7-12.
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, Sf. - Aye
6. The School Board Finance Director Reouests a School Insurance Fund Balance
Reserve SUDolemental Aoorooriation in the Amount of$91.867.11- Aooroved
This amount is needed for settlement to Trigon BlueCross BlueShield for the 1996-97 fiscal
year. No additional local funds are needed. The School Board Finance Director also requests a
School Operating budget adiustment in the amount of$20.885.79. This adjustment is due to Federal
funds for the Title VI program being greater than anticipated. No additional local funds are needed.
See attached memo, p. 13-17. 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. - Aye
7. The Rel!ional Jail Reouests the FollowinS! Three Items: 1) a ReS!ional Jail Fund
SUDDlemental ADDroDriation in the Amount of $12.707 to Maintain StamnS! and
Services for the Pre-trial Services Pr02ram: 2) a Re2ional Jail Fund
Suoolemental AooroDriation in the Amount of $7.341 to Purchase Software
Pro2rams and U02rades (This Reouest Was Previously Denied by the Finance
Committee): and 3) a Rel!ional Jail Suoolemental Aoorooriation in the Amount
of $10.000 to Cover the Jails Portion of the Purchase of Polv2raoh Eouioment -
AODroved
No additional local funds are needed. See attached memo, p. 18-20. 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
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Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
8. The Bluemont Concert Series Reauests a General Fund Suoolemental
Aooropriation in the Amount of $4.000 - Aooroved
This amount represents state grant funds received for the Bluemont Concert Series that need
to be appropriated to line item 1224-5605-000-047 so a donation payment of $8,000 can be
generated. No additional local funds are needed. See attached memo, p. 21-23. The committee
recommends approval, however, since this amount is twice what was anticipated, Bluemont should
expect no funding for FY 1999 with the level of service remaining the same. Opposed: Committee
member Shickle.
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 - Nay
Charles W. Orndoff, Sr. - Nay
9. The Clerk of the Circuit Court Reauests a General Fund Suoolemental
Aoorooriation in the Amount of $62.847 - Aooroved
This is a grant to be received from the State Library to hire a clerk that will be stationed in
Richmond to transfer old records onto microfilm. No additional local funds are needed. See attached
memo, p. 24-33. 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. - Aye
10. The County Administrator Reauests a General Fund Ooerational Contin2encv
Transfer in the Amount of $15.000 - Aooroved
This amount is needed for the first annual lease payment on two new vehicles for the County
Administrators Office. It is requested that this amount be taken from the operational contingency line
item. See attached memo, p. 34. The committee recommends approval but requested additional
information on the vehicles and inquired on the status of the vehicle replacement policy.
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
493
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
11. The Clerk of the Circuit Court Reouests a General Fund Suoolemental
Aoorooriation in the Amount of $2.460.78 - Aooroved
This amount represents fringe benefits to be paid for an employee moving from part-time to
full-time status. Half of this amount will be reimbursed by the City of Winchester. Additionallocal
funds are necessary. See attached memo, p. 35. 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. - Aye
The following items were discussed and submitted for the boards information only:
1. Attached is an update on the status of the operational contingency line item for FY
1997-98. See attached memo, p. 36.
2. Frederick County's comprehensive annual financial report has been awarded the
Certificate of Achievement for Excellence in Financial Reporting for the fiscal year ended June 30,
1996. See attached memo, p 37-38.
BOARD OF SUPERVISORS COMMENTS
Mr. Sager extended his congratulations to fellow board members, Charles W. Orndoff, Sr.,
and W. Harrington Smith, Jr. on being elected to another term on the board of supervisor.
Board members wished each other, as well as their constituents and county staff, a Merry
Christmas and a Happy New Year.
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 (5) to Discuss Personnel Matters and an Industrial Prospect.
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
494
BOARD WITHDREW FROM EXECUTIVE SESSION
Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., 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 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. - Aye
BOARD TO MAKE CASH GRANT IN THE AMOUNT OF $65.000 TO ECONOMIC
DEVELOPMENT COMMISSION. THE COUNTY IDA WILL MAKE A CASH
GRANT IN LIKE AMOUNT TO HERITAGE PLACE FOR EXPANSION INTO A
NEW FACILITY PER MEMORANDUM OF UNDERSTANDING
Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above
MOU with the EDC and IDA 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
DIRECTOR OF PUBLIC SAFETY COMMUNICATIONS JOHN WEBB -
EVALUATION APPROVED AS PRESENTED
Upon motion made by Margaret B. Douglas, seconded by Charles W. Orndoff, Sr., Director
of Public Safety Communications John Webb's evaluation was approved as presented 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
495
KRIS TIERNEY. PLANNING DIRECTOR. NAMED AS INTERIM ZONING
ADMINISTRATOR
Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., Kris Tierney,
planning director, was named interim zoning administrator.
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
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD,
THIS MEETING IS HEREBY ADJOURNED.
James L. Longerbeam
Chairman, Board of Supervisors
J.~~1-
Clerk, Board of Supervisors
Minutes Prepared By: i.) ~p - -r. 3S, Ll ~
Carol T. Bayliss
Deputy Clerk, Board of Supervisors