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HomeMy WebLinkAboutJuly 10, 1996 Regular Meeting 006 A Regular Meeting of the Frederick County Board of Supervisors was held on July 10, 1996, at 7:15 p.m., in the Board of Supervisors' Meeting Room, Frederick County Courthouse, Loudoun Street Mall, Winchester, Virginia. PRESENT:Chairman James L. Longerbeam; W. Harrington Smith, Jr.; Richard C. Shickle; Robert M. Sager; Margaret B. Douglas; and Charles W. Orndoff, Sr. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by board member Robert M. Sager in absence of the scheduled minister. ADOPTION OF AGENDA County Administrator John Riley requested the following additions to the agenda: 1. Request from Frederick County School Board for approval of resolution approving purchase of seven buses, and funding of same. 2. Approval of transfer of funds for road improvements in Shawnee-Land. 3. Discussion of proposed subdivision, Clearview Estates, located in West Virginia. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the agenda was adopted as amended by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye CONSENT AGENDA Mr. Riley suggested the following tabs for approval under the consent agenda: 1. Correspondence from Dr. Mohamed Khodr, Health Director, Re: Sewer Service in the Route 11 North Area - Tab C; 2. Correspondence and Resolution Re: Winchester Regional Airport Authority Borrowing Resolution - Tab D; 3. Memorandum Re: Supplemental Appropriation Request for the Community Development Block Grant (CDBG) - Rose Memorial Foundation - Tab F; 4. Parks and Recreation Commission Report - Tab P; 5. Public Works Committee Report, Except Numbers 4 and 5 - Tab Q; 'I 11007 I 6. Law Enforcement and Courts Committee Report - Tab S; and 7. Finance Committee Report, Except Numbers 1 and 13 - Tab T. Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, 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. Robert Turben, resident of Purcell Drive in Sunnyside, appeared before the Board to ask assistance with an ongoing problem he has been having with traffic and blocking of traffic on Purcell Drive, as well as other problems. He stated that the Sheriffs Department has been to the site as has VDOT, however the problems still exist between the residents living on Purcell Drive and him due to the location of his business. MINUTES OF REGULAR MEETING - JUNE 12. 1996 - APPROVED AS AMENDED Mr. Orndoffstated that on page 20, the last name of one of the speakers should be Wayne White, and not Wayne Leight. Upon motion made by Charles W. Orndoff, Sr.,seconded by Robert M. Sager, the minutes of the regular meeting of June 12, 1996 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. ShickIe - Aye Charles W. Orndoff, Sr. - Aye COMMll"lEE APPOINTMENTS ---- REVEREND JEFF CANNON APPOINTED TO LORD FAIRFAX HEALTH DISTRICT SERVICES ADVISORY COUNCIL Upon motion made by Richard C. ShickIe, seconded by Charles W. Orndoff, Sr., Reverend Jeff Cannon was appointed to the Lord Fairfax Health District Services Advisory Council for a four year term. This appointment will commence on July 10, 1996, and expire on June 10, 2000. CORRESPONDENCE FROM DR. MOHAMED KHODR. HEALTH DIRECTOR. RE: PROPOSED SURVEY FOR STUDY OF SEWER SERVICE IN THE ROUTE 008 11 NORTH AREA - APPROVED UNDER CONSENT AGENDA Health Director Mohamed Khodr requested in his correspondence dated June 17, 1996, for the board to officially request the health department to conduct a sanitary survey for a sewer system in the Clearbrook area. In addition, the health department requested the board to specify what areas to survey along the 11 North Corridor. WINCHESTER REGIONAL AIRPORT AUTHORITY BORROWING RESOLUTION - APPROVED UNDER CONSENT AGENDA WHEREAS, the Winchester Regional Airport Authority (the Authority) is a body corporate created by the General Assembly of Virginia by Virginia Acts of Assembly, 1987 Session, Chapter 687, as amended by Virginia Acts of Assembly, 1995 Session, Chapters 258 and 338, as amended from time to time (the Act) and the participating political subdivisions of the Authority are the Counties of Clarke, Frederick, Shenandoah and Warren and the City of Winchester; and, WHEREAS, the Authority owns property known as the Winchester Regional Airport (the Airport) and is securing financing for an FBO - Maintenance hangar and office facility under construction at the Airport and the purchase of T hangars (together, the Facility) for use at the Airport; and, WHEREAS, financing for the Facility from Rural Economic and Community Development (formerly known as Farmers Home Administration) at favorable rates for a term of twenty (20) years in an amount not to exceed $940,600, (RECD Financing) requires the issuance of revenue bonds, to be paid from revenue generated by the Airport; and, WHEREAS, 918 of the Act states that bonds of the Authority shall not be a debt of any political subdivision of the Commonwealth, other than the Authority, and no political subdivision of the Commonwealth, other than the Authority, shall be liable thereon; and, WHEREAS, 915 of the Act states that the Authority shall not issue bonds unless and until the maximum amount of such issue and the general purposes thereof have been approved by the governing body of each participating political subdivision, and 97 (17b) of the Act states that total indebtedness of the Authority at no time shall exceed the amount of $500,000 in principal except as agreed to by each participating political subdivision by resolution of the governing body thereof. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Frederick County as follows: 1. That approval and agreement are granted to the Authority to issue revenue bonds for RECD Financing and the Facility, or any part thereof, in a principal amount not to exceed $940,600, for the purposes described above. 2. That adoption of this Resolution does not constitute a pledge of the faith and credit of Frederick County or any lending of Frederick County's credit or any representation as to the credit worthiness of the proposed Authority bonds. 3. This Resolution shall take effect immediately. Adopted by the Board of Supervisors of Frederick County the 10th day ofJuly, 1996. The undersigned certifies that the foregoing resolution was duly adopted at a meeting of the Board of Supervisors of Frederick County duly called and held on July 10, 1996. II 11009 , , PERSONNEL ADMINISTRATIVE PROCEDURES (TABLED FROM BOARD MEETING OF JUNE 12. 1996) - APPROVED Mr. Riley presented this information to the Board. The Board asked Mr. Riley to explain how this would differ from what is currently allowed. Mr. Smith asked who would decide as to whether or not a position is to be funded. Mr. Orndoff stated that he could see this amendment creating some problems and felt it was best left as it currently is written. Mr. Smith asked Mr. Riley why he would want this monkey on his back, and it is his understanding that the Board is trying to down size operations and he feels it should be the Board that makes these decisions. Mr. Riley explained that in the Board's weekly mailings staff would let the Board know if there are any vacancies within any of the departments. Following further discussion it was the consensus of the Board that the amendment would apply to any Constitutional Officer and their employees, as well as the Jail and Fire & Rescue, and that the Board is to be notified of any vacancy prior to this being done. Mr. Sager moved to approve the above and Mr. Smith 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 - Nay Charles W. Orndoff, Sr. - Nay MEMORANDUM RE: SUPPLEMENTAL APPROPRIATION REOUEST FOR THE COMMUNITY DEVEWPMENT BWCK GRANT (CDBG) - ROSE MEMORIAL FOUNDATION - APPROVED UNDER CONSENT AGENDA The county administrator requested a supplemental appropriation from fund balance for $65,000 to meet preconstruction requirements of the state and federal governments for architectural and engineering services, management services, and environmental testing (soil) for the Rose Memorial Foundation project. Expenditures are eligible for reimbursement from the $700,000 CDBG grant funds; however, grant proceeds may not be available until April 1997. MEMORANDUM FROM KIDS TIERNEY RE: POTOMAC TRIBUTARY STRATEGY - CHAIRMAN DIRECTS MR. TIERNEY TO SEND LETTER The Planning District Commission, in cooperation with the Soil and Water Conservation 010 District, and representatives from area jurisdictions and interest groups, drafted a proposed regional response to the Department of Environmental Quality regarding how the county intends to meet the 40 percent nutrient reduction goal established by the Chesapeake Bay Agreement by the year 2000. On behalf of the board of supervisors, Kris Tierney, interim planning director, presented a draft response for their review and approval or revisions. Mr. Longerbeam stated that he felt this was bureaucracy in the highest and lowest degree, he wasn't sure, but felt the letter, as prepared by Mr. Tierney, should be sent conveying the counties position on this matter. The board concurred. REOUEST FROM SCHOOL BOARD FOR APPROVAL OF RESOLUTION AUTHORIZING FINANCING IN ORDER TO PURCHASE SEVEN SCHOOL BUSES - APPROVED Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas the following request was approved by the following recorded vote: Be It Resolved by the Frederick County Board of Supervisors that the Director of Finance of the Frederick County School Board is hereby authorized to enter into a loan agreement with the Bank of Clarke County for the purpose of purchasing seven (7) school buses. The loan shall be in the amount of$349,714 for a five (5) year period at the rate of 4.48% 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 INCREASE ROAD MAINTENANCE BUDGET AN ADDITIONAL $75.000 IN SHAWNEE-LAND - APPROVED 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 PROPOSED CLEARVIEW SUBDIVISION LOCATED PRIMARILY IN WEST VIRGINIA OPPOSED BY THE BOARD Mr. Riley explained that it had been brought to his attention that a subdivision. Clearview, has been proposed to be located in West Vtrginia and can only be accessed through Virginia. He did not feel this was something the board members would agree to, therefore he was bringing it to their attention in order that they might discuss it and take the appropriate action. Following board discussion it was their consensus that there be a public hearing scheduled for the August 14 board meeting with the intent of the Board being that this road be closed, or at least dead ended. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the public hearing for this matter will be held at the August 14 board meeting. 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 ITEMS PUBLIC HEARING - REQUEST OF THE WINCHESTER-FREDERICK COUNTY JAYCEES. PURSUANT TO THE FREDERICK COUNTY CODE. CHAPTER 86. FESTIVALS: SECTION 86-3 C. PERMIT REOUIRED: APPLICATION: ISSUANCE OR DENIAL: FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON AUGUST 17.1996. WESTVIEW BUSINESS PARK (ROUTE 50 EAST) - APPROVED Beth Riddick, Co-Chairman, of Rib Festival, appeared before the Board to answer any questions they might have with regard to this request. There was no public input. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the request for an outdoor festival permit 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 - THE COUNTY OF FREDERICK. VIRGINIA. TO GRANT TO FARMERS AND MERCHANTS BANK. WINCHESTER. VIRGINIA. A RIGHT OF WAY AND EASEMENT TO CONSTRUCT. OPERATE. MAINTAIN. REPLACE AND REMOVE A COMMUNICATION SYSTEM CONSISTING OF SUCH BURIED CABLES. BURIED WIRES. POSTS. TERMINALS. LOCATION ii I 011 012 MARKERS. AND OTHER APPURTENANCES. AS REOUIRED BY BELL- ATLANTIC. VIRGINIA. INC.. UPON. UNDER. ACROSS. AND OVER THE LANDS SITUATE WEST OF THE OLD FREDERICK COUNTY COURTHOUSE. ON THE LOUDOUN STREET MALL (THE COURTHOUSE PLAZA). IN THE CITY OF WINCHESTER. VIRGINIA. TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS TO AND FROM SAID SYSTEMS FOR THE PURPOSES OF EXERCISING THE FOREGOING RIGHTS. TO CUT DOWN AND KEEP CUT DOWN ALL TREES WITHIN FIVE (5) FEET OF SAID SYSTEM. AND TO CARRY IN SAID SYSTEM THE WIRES. CABLES. CIRCUITS AND APPURTENANCES OF ANY OTHER COMPANY. INCLUDING ALL ELECTRIC WIRES. AT A LOCATION TO BE MUTUALLY AGREED UPON - APPROVED Mr. Mike Bryan, local attorney representing Farmers and Merchants Bank, appeared before the Board to explain this request was being made, in order to accommodate the needs of Bell Atlantic, in supplying the necessary phone equipment to the buildings at the old 9 Court Square location. Mr. Smith inquired as to why the bank could not bring the necessary equipment across property belonging to the bank. Mr. Bryan explained that the bank was only requesting to do the same as the county did when it was necessary for them to move their cable. Mr. Donald W. Luttrell, Opequon District, appeared before the Board to oppose this request and in doing so referred to the language in this agreement where they speak to trees on the Courthouse Lawn, he asked what trees. Mr. Riley explained the trees that will be planted by the county. Mr. Luttrell further addressed correspondence he had received from the county administrator under an FOI request wherein he asked for information concerning an agreement the county had with Farmers and Merchants Bank relating to the Courthouse lawn. He feels this agreement has been going on for some time, and in fact was done at the request of Farmers and Merchants Bank. He further alluded to the land swap between the county and the bank wherein there was over a million dollar disparity in favor of the bank. Mr. Longerbeam stated as a matter of public record, he wanted the minutes to reflect that there is a disparity in numbers, as stated by Mr. Luttrell, and is without benefit of proof and he feels most of the people setting on this Board would take exception to it. Upon motion made by Robert M. Sager, seconded by Richard C. Shickle, this right of way and easement request was approved by the following recorded vote: Ii 013 James L. Longerbeam - Aye W. Harrington Smith, Jr. - Nay Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye Mr. Smith stated that he feels he is losing control. PLANNING COMMISSION BUSINESS Public Hearing Items: PUBLIC HEARING - CONDIDONAL USE PERMIT #004-96 OF GARY VAN METER FOR RETAILING OR WHOLESALING OF NURSERY STOCK AND RELATED PRODUCTS. THIS PROPERTY IS LOCATED AT 1544 AIRPORT ROAD AND IDENTIFIED WITH PIN 76-A-138B IN THE SHAWNEE MAGISTERIAL DISTRICT - APPROVED Mr. Wayne Miller, zoning administrator, presented this request to the Board noting that staff and planning commission recommended approval with conditions. Mr. Van Meter was present on behalf of his request. There was no public comment. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, this conditional use permit 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 - CONDIDONAL USE PERMIT #005-96 OF LEE R. SMELTZER TO OPERATE AN APPLIANCE SALES AND REPAIR BUSINESS. THIS PROPERTY IS LOCATED AT 4163 NORTHWESTERN PIKE AND IDEN'rU1ED WITH PIN 4o-A-128 IN THE BACK CREEK MAGISTERIAL DISTRICT - APPROVED Mr, Wayne Miller, presented this request to the Board noting that approval was recommended with conditions, Mr, Smeltzer appeared before the Board on behalf of his request at which time he expressed his disagreement with what VDOT is requiring him to do. If others in this area are grandfathered in, then he should be also. There was no public input. Mrs, Douglas stated that she has visited the site, it is very clean and feels it will be an asset II II 014 to the county, Upon motion made by Margaret B. Douglas, seconded by W, Harrington Smith, Jr., this conditional use permit 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 #006-96 OF KEVIN W. AND LYNNETTE L. FOX TO OPERATE A RECORDING STUDIO. THIS PROPERTY IS LOCATED AT 687 FRONT ROYAL PIKE AND IDENTU'IED WITH PIN 64C- A-3 IN THE SHAWNEE MAGISTERIAL DISTRICT - APPROVED Mr, Wayne Miller presented this request to the Board noting that staff and planning commission recommended approval with conditions. There was no public input. Mr. Fox was present on behalf of his request. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, this conditional use permit 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 AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 165. ZONING: ARTICLE IV. SUPPLEMENTARY USE REGULATIONS: SECTION 165-48.4 AND ARTICLE X. BUSINESS AND INDUSTRIAL ZONING DISTRICTS: SECTION 165-82B. B-2. BUSINESS GENERAL DISTRICT. THE PROPOSED AMENDMENT WILL PERMIT OUTDOOR BATTING CAGES IN THE B-2. BUSINESS GENERAL DISTRICT AND WILL ESTABLISH PERFORMANCE STANDARDS FOR THIS USE WmCH WILL BE SPECIFIED UNDER SUPPLEMENTARY USE REGULATIONS - APPROVED Mr, Evan Wyatt, planner II, presented this request to the Board. Mr. Longerbeam stated that he had been working with the person interested in bringing this to the county in trying to obtain a piece of property, therefore he would refrain from any discussion or vote on this request. There was no public comment. AN ORDINANCE AMENDING II , Ii il015 I THE FREDERICK COUNTY CODE CHAPTER 165, ZONING WHEREAS, an ordinance to amend Chapter 165, Zoning, ofthe Frederick County Code, Article IV, Supplementary Use Regulations, Section 165-48.4, and Article X, Business and Industrial Zoning Districts, Section 165-82B, B-2 Business General District, was referred to the Planning Commission on June 5, 1996; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on June 5, 1996; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on July 10, 1996; 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 of the Frederick County Code, Zoning, Article IV, Supplementary Use Regulations, Section 165-48.4, and Article X, Business and Industrial Zoning Districts, Section 165-82B, B-2, Business General District, is amended as described on the following attachment: Section 165-82B Allowed Uses SIC Code Commercial batting cages operated outdoors Section 165-48.4. Commercial batting cages operated outdoors. Commercial batting cages located in the B-2, Business General District shall meet the following requirements: A. Outdoor batting cage operations may be developed as stand alone facilities or may be located in conjunction with other permitted uses in the B-2, Business General District. B. Outdoor batting cage operations shall be constructed to meet the standards for rectangular cage systems and radial cage systems. Monopole cage systems shall not be permitted. C. Outdoor batting cage systems shall be developed within an area not to exceed 15,000 square feet. The perimeter of the outdoor batting cage facility shall be enclosed with an eight foot high chain link fence. D. Stock pipe utilized to support the outdoor batting cage net system shall not exceed twenty-five feet in height. E. Lighting fixtures for outdoor batting cage operations shall be engineered to reflect downward and shall not reflect light onto adjoining uses, properties, and road right-of- ways. This ordinance shall be in effect on the date of adoption. Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., this code amendment was approved by the following recorded vote: James L. Longerbeam - Abstained 016 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 AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 165. ZONING: ARTICLE V. RA. RURAL AREAS DISTRICT: SECTION 165-51. CONDmONAL USES. THE PROPOSED AMENDMENT WILL PERMIT SEW AGE REMOVAL AND DRAIN CLEANING SERVICE OPERATIONS THA T HAVE BEEN IN BUSINESS PRIOR TO JUNE 1. 1978 TO BE LOCATED IN THE RA. RURAL AREAS DISTRICT THROUGH THE ISSUANCE OF A CONDITIONAL USE PERMIT BY FREDERICK COUNTY - DENIEDffABLED Mr. Evan Wyatt presented this information to the Board noting that the planning commission had recommended denial as they felt that it was inappropriate to word an amendment revising the zoning ordinance that would only benefit one individual. They felt that although a sewage removal and drain cleaning service operation served people in a residential area, it was too intensive of an operation to be located within a small-lot residential area and had the possibility of creating a great impact on adjoining residential properties. The following individuals appeared before the Board to address this request. Mr. Michael Wilson, local attorney, representing Mr. and Mrs. Donald Merritt, explained to the Board that the Merritt's had been in business for twenty-two years operating a pump and haul business along with having a Roto Rooter franchise. He further explained that allegations had been made about waste being applied to land. He wanted this noted that this was done some eleven years ago when this type of land application was permitted. Alfred Feltner, resides behind Mr. Merritt and has lived in this immediate area for the past thirty six years, and during this time this land has never been zoned commercial. He further stated that in the beginning there were approximately fourteen homes on this road and now there are eighty- three, and he feels it is a good neighborhood. At this time he presented the Board with pictures of what the site currently looks like. He addressed various incidents that have taken place since the Merritts have had this business and when they decided to store portable potties at this same location he felt that was just too much and asked the county to please look into what was being done at this site. Richard Staubs, area resident, stated that he felt the ordinance, as written, is somewhat discriminatory. He lives in a rural area and does not want to look at the trucks etc. that is located at 'I I, I , 1017 I Mr. Merritt's location. He asked the Board to uphold the planning commission recommendation and deny this request. Hazel Shanholtz, lives next door to the Merritts. She stated that this business is a disturbance to the neighborhood as this area is not zoned commercial. She feels the law has been broken for twenty years and that should not mean it can continue to be broken, therefore she asked that this request be denied. Bruce Clarke, lives next door to the Merritts. Feels this business has become an eye sore to the neighborhood with all the vehicles that are parked at the location, and feels this is depreciating properties belonging to the neighbors. Asked that the Board act on the recommendation of the planning commission and deny this request. Juanita Creswell, lives next door to Bruce Clarke and has never had a problem with an odor coming from the Merritt property. John Mennace, Jr. resides in Wmchester and is employed by Layly Corporation manufacturer of waste equipment. He has known Mr. Merritt for over twenty years. Most of the individuals that have this type of business operate it out of their homes. He has been to the Merritts numerous times and has never smelled a foul odor. Bill Rodgers lives approximately one-half mile from the Merritts. He has visited their garage over the years while working on vehicles and he has never smelled any type of odor. Jerry Newlin, Gainesboro District, lives close to this business but has never experienced any problems with any type of odor. He questioned as to why this was not addressed years ago if Mr. Merritt was not within the law to operate a business in this area. Feels this type of business is needed in the county and that the Merritts's business should be allowed to stay. Tammy Shelton, mail carrier, in this area for seven years, and during that time she has never smelled any type of odor coming from this property. Joanna Feltner Staubs, spoke of all the trucks currently located at this site and how they have increased over the years. She is concerned as to how this whole operation will depreciate her father's property. She further spoke of the dumping of waste from one truck to another and feels some of this is going on the ground and also causes odor problems. Wayne Edmundson, lives in the area of the Merritt's, however he has seen no problems with I I 018 this operation. Because of the business he is in he works with Mr. Merritt quite a lot and feels if this type of business is not allowed in this area it could cause problems for those that need this service. Sharon Stine, local realtor, who has assisted the Merritt's with their bookkeeping stated she has tried to find an area for the porta potties, however has not been successful, but in her time at the site she has never noticed any odor. Reverend Joseph Roby, has visited the Merritt home over the years day and night and has never noticed any odor. He has seen the trucks pumping from one to another and the fact a vacuum system is involved with this, there is no odor. Mr. Feltner once again appeared before the Board to address some ofthe statements that had been made. He stated that the trucks are kept clean, but there is an odor, not on a continuing basis, but it is there. He further addressed the number of vehicles that are at the site, and felt this was shown in the pictures he had presented to the Board. Mr. Wtlson, attorney for the Merritt's, addressed the Board with regard to two letters that had been sent by staff to Mr. Merritt. He stated that due to the way this has been handled by county staff Mr. Merritt is presently facing criminal charges. Mary Feltner stated that this matter has caused division within the family and she is very upset by the whole thing. At this time Mr. Shickle moved to deny this ordinance amendment request as he feels there is a problem at this site. Mr. Orndoff stated that these folks have been in business for twenty years and if there is a problem why hasn't it been brought to the Board's attention before now. Mr. Smith stated that it has been mentioned that there is, and has been, illegal dumping going on, and if this is the case he is very much opposed to that. Mr. Shickle asked Mr. Miller to report on complaints received by the county on the location of this business. Mr. Miller referred to a letter sent from his office to Mr. and Mrs. Merritt dated October 1995. He further stated that he realizes that there are a number of illegal operations within the county, however until such time as a complaint is registered with his office there is nothing that can be done about it. He feels the Merritt's should comply with county ordinances just as any other I' II I I 11019 i business would be expected to do. Mr. Longerbeam asked about the presence of the porta potties and whether or not this is what brought this whole matter to a head. Mr. Miller stated that he feels that when the porta potties were brought to the site that was the "straw that broke the camels back". Mr. Sager questioned how the Board's decision at this time might have an impact on any litigation. Mr. Ambrogi responded that this would be on hold until such time as the Board makes a decision. Mr. Longerbeam asked Mr. Miller ifhe felt there was any room for a compromise. It was determined that staff should not respond to this question. Mr. Smith stated that he did not feel comfortable with this while it is in litigation. Mr. Sager concurred with this. Mr. Ambrogi explained that his feelings are that should the Board approve this tonight, he does not feel it would have any affect on the case. Mr. Miller explained that the charge was for operating three illegal businesses. He further stated that Mr. Wilson had alluded to the fact that this could have been a civil penalty, however that is not the case as Frederick County does not have that avenue, some localities do, but not Frederick County. Mr. Orndoff inquired as to whether or not there are any other pump and haul businesses in RA. Mr. Miller replied that he does not have any complaints against pump and hauls in RA zorung. The vote to deny this ordinance amendment request was defeated by the following recorded vote: James L. Longerbeam - Nay W. Harrington Smith, Jr. - Nay Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Nay Mr. Ambrogi stated this puts this back in limbo, nothing has changed. \I 020 Mr. Longerbeam, tied vote, nothing changes. Not all the board members agreed with this and there was confusion as to what happens now, therefore Mr. Longerbeam suggested this be tabled for thirty days. Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the above ordinance amendment request was defeated and vote was tabled for thirty days. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Nay Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Nay Charles W. Orndoff, Sr. - Aye End of Public He.rim! Items MASTER DEVELOPMENT PLAN - MOSBY STATION AND MOSBY STATION II - APPROVED Mr. Evan Wyatt presented this request to the Board. This Master Development Plan (MDP) is located between old Route 642 and relocated Route 642 in the Opequon Magisterial District. Mr. Chuck Maddox, ofG. W. Clifford Associates, appeared before the Board to answer any questions they might have concerning this master development plan. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., this MDP 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 MEMORANDUM RE: REOUEST TO EXPAND URBAN DEVELOPMENT AREA- APPROVED Mr. Kris Tierney, interim planning director, presented this request to the Board. Mr. Sager stated that it appears to him that there are times that the county has double standards. Upon motion made by Margaret B. Douglas, seconded by W. Harrington Smith, Jr., this request was approved by the following recorded vote: 021 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. - Aye COMMIIIEE REPORTS: PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on June 18, 1996. Members present were: Robert Rober, Charles Sandy, Timothy Hockman, Robert Hartman, Jane Vickers, and Cheryl Swartz. The following item was submitted for the boards information only: 1. Aouatic ODerations Policy Mr. Sandy moved to include the Aquatic Operations Policy as part of the Departments Policies and Procedures Manual, seconded by Mr. Hockman, carried unanimously (5-0). PUBLIC WORKS COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA WITH EXCEPTION OF (ITEMS 4 & 5) The Public Works Committee met on Tuesday, June 25, 1996, at 7:30 a.m. Present were board member Charles W. Orndoff, Sr., committee members James T. Vickers, Jim Wilson, Karen Kober and Thomas Offutt; County Administrator, John R. Riley, Jr., Engineering Technician, Joe Wilder, and Director of Public Works, Harvey E. Strawsnyder, Jr., P.E. The following items were discussed and required board action: 1. Pavinl! at Clearbrook Park The Department of Public Works is currently in the process of soliciting bids to pave (tar and chip) several of the compactor sites throughout Frederick County. The Clearbrook site is included in the bid package. We have been approached by Dickie Shickle, Gainesboro Supervisor, to consider paving the existing gravel parking areas on the south end of Clearbrook Park in conjunction with the planned paving of the Clearbrook compactor site. Preliminary estimates indicate that this additional paving would cost approximately $25,000. The Director of Public Works indicated that if this work was accomplished in conjunction with the proposed compactor site paving, it would have to be funded with carry forward revenue from the current Fiscal Year 1995/1996 budget (Refuse Collection budget - 4203.) This proposal was discussed by the committee. A motion was made by Jim Wilson and seconded by Tom Offutt to approve the paving of the south end parking areas at Clearbrook Park contingent upon the availability of carry forward funds from the current budget. This motion was unanimously approved. 2. Securitv Svstem: New Office Buildinl! A proposal has been received from Shockeys, Inc. to provide a partial security system for the new office building. The security system will be provided and installed by Mid-Atlantic, Inc. who has discussed and designed the system with the users input. A majority of the security system including cameras, panic alarms and motion detection alarms will be installed in the Treasurers Office. A cost was not available at the time of the committee meeting. Subsequently, an itemized cost estimate was provided by Shockeys in the amount of $37,266. At the time of our committee meeting, the Director of Public Works indicated that the cost would be in the mid thirty thousand 022 dollar range (see Attachment 1). 3. Recvclinl! Al!reement for Newspaper The Department of Public Works has recently received an offer from Greenstone Industries to purchase our recycled newspaper for a guaranteed price of $3 5 per ton. This offer also includes furnishing collection bins and hauling. A contract has been provided by Greenstone for our review. A motion was made by Tom Offutt and seconded by Karen Kober to proceed with establishing a contract with Greenstone Industries for purchasing recycled newspapers. This motion was unanimously approved. 4. Middle Road Convenience Site - Approved for Public Hearinl! For the last four (4) years, Frederick County has attempted to locate a permanent compactor site to replace the dumpster site on Middle Road. This search has been driven by the need for a larger site to serve an increased refuse flow and numerous complaints from adjacent homeowners to move the existing dumpsters. Our search has led to many potentially viable sites which were readily accessible from a paved secondary road, were close to three-phase power and were not visible from existing homes. However, local residents close to these sites expressed great displeasure about locating a compactor site in their community. Consequently, the Department of Public Works has developed a plan which will address the increased refuse flow, remove the existing dumpsters and negate the need for establishing a new site. The proposed plan included the expansion of the existing Middletown Scale site to two (2) compactors at a cost range between $85,000 and $100,000. The site is located on state property which is another advantage. The main disadvantage is this location is not readily accessible to the Middle Road area. However, many of the residents who voiced their opposition to the compactor sites in their close proximity indicated that they would not mind driving the extra miles to the Scales site. After reviewing the various options, Tun Wilson made a motion to proceed with expanding the Scale compactor site to two (2) compactors and closing the Middle Road dumpster site. This motion was seconded by Jim Vickers and unanimously approved by the committee. Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager the above recommendation will be scheduled for public hearing. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shiclde - Aye Charles W. Orndoff, Sr. - Aye 5. Gore School Bid - Approved for Public Hearinl! A proposal in the amount of $10,000 was recently submitted by the Hebron Baptist Church for the purchase of the Gore Elementary School. A copy of this proposal is attached. A motion was made by Tom Offutt and seconded by Karen Kober to accept the proposal. This motion was unanimously approved by the committee for submittal to the board and subsequent 023 public hearing (see Attachment 2). Mr. Shickle stated that he felt it was time for a public hearing on this matter, and time to move on. This was discussed by the Board noting that the church adjacent to this property had shown interest from the very beginning, however some members felt the general public should be made aware of the fact that once the public hearing is conducted the property will be advertised for sale, with the county receiving sealed bids, and further, that the county reserves the right to refuse any and all bids. Upon motion made by Charles W. Orndoff, Sr., seconded by Margaret B. Douglas, the Gore School Property will be scheduled for a public hearing as soon as possible. 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. Furniture Bid for Commissioners Office Bids were solicited by the Commissioners Office for the purchase of a mobile filing system and six (6) workstations. The low bidder was B-K Office System who submitted a bid of $28,454.45 for the mobile filing system and an additional bid of $9,995 for the workstations. A motion was made by Jim Wilson and seconded by Jim Vickers to accept the bids contingent upon the County Administrators review of the bid request to ensure that it did not create a sole source condition. This motion was unanimously approved by the committee. The following items were submitted for the boards information only: 1. Request from Societv for Prevention of Cruel tv to Animals (SPCA) Mr. Tun Brinson, Director of the local SPCA, requested that Frederick County consider a plan to transport Frederick County animals delivered to the SPCA to the Frederick County Esther Boyd Animal Shelter. Kathy Whetzel, Manager of the Frederick County Animal Shelter, indicated that the shelter is bound by state regulations to complete certain documentation on each animal received at the shelter. This procedure would not be possible if the animals were delivered to the animal shelter via the SPCA. The Director of Public Works indicated that a request had been made by Ms. Brown, who serves on the SPCA Board of Directors, to accept animals from Frederick County with no remuneration expected. Apparently, the SPCA Board of Directors had established a policy to accept animals from any local jurisdiction. Mr. Brinson indicated that this policy was causing a significant economic hardship. The committee suggested that they refer Frederick County citizens to the Frederick County Esther Boyd Animal Shelter. We will not entertain a transfer program. 2. Maintenance Bud!!et 024 The Director of Public Works informed the committee that expenditures at the Joint Judicial Center will exceed the estimated budget by approximately $100,000. Fifty percent of this amount will be the responsibility of Frederick County. Approximately $48,000 ofthis amount was caused by the purchase of the new phone system. 3. Award of Construction Contract for Cell D - Phase I - Frederick Countv Landfill A low bid of$1,089,605.05 was submitted by Perry Engineering Company, Inc. for the construction of Cell 0, Phase I at the Frederick County Landfill. The estimated budget was $1,400,000. The Director of Public Works will proceed with awarding the contract to Perry Engineering, Company, Inc. 4. Stump Grindinl!: at the Courthouse Square A low bid of $400 was received for grinding the stumps within the courthouse square. The Director of Public Works is proceeding with this work. 5. Miscellaneous Reports a. Animal Shelter Report - Dogs (see Attachment 3); b. Animal Shelter Report - Cats (see Attachment 4); c. Tonnage Report (see Attachment 5). CODE AND ORDINANCE COMMITIEE REPORT The Code and Ordinance Committee met on Monday, June 10, 1996, 8:30.A.M., in the Conference Area of the County Administrators Office, 107 North Kent Street, Third Floor, Wmchester, Virginia. Present were Chairman of the Committee Richard C. Shickle, and committee members Robert M. Sager, Stephen G. Butler, Michael L Bryan and Patricia F. Scheder. Also present were, Major Alvin Johnson of the Sheriffs Department, Cindy Bayliss with the Commissioner of the Revenues Office, County Attorney Lawrence R. Ambrogi, and County Administrator John R. Riley, Jr. The committee submits the following: 1. Discussion of Pawnbrokers Ordinance - To Be Advertised for Public Hearinl!: The committee reviewed the attached ordinance and recommended advertisement for public hearing. (See Attached) Mr. Ambrogi stated that the location should be five places with one violation being thirty days. He further noted that the last paragraph needs to be deleted as this is covered under the State Code. Upon motion made by Richard C. Shickle, seconded by Robert M. Sager, the Pawnbrokers Ordinance is to be advertised for public hearing as amended. 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 2. Discussion of Massal!:e Parlors and Health Clubs Ordinance - Ordinance to Be 025 Redrafted and Presented to Committee The county administrator advised the committee that there may be a pending application in the permit center for a massage parlor. Since the ordinance has not been used or reviewed in quite some time, the county attorney was consulted for proper updates or revisions. The county attorney will provide same at the next Code and Ordinance Committee meeting. 3. Discussion of Vice-Chairman Position for the Board of Supervisors - To Be Advertised for Public Hearinl! The committee reviewed the county attorneys opinion on the position of vice-chairman for the board of supervisors. The committee concluded that if it is the desire of the board of supervisors to have procedure to create a vice-chairman position of the board of supervisors, they would do so. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, this will be advertised for public hearing. 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 - Nay Charles W. Orndoff, Sr. - Aye LAW ENFORCEMENT AND COURTS COMMITIEE REPORT - APPROVED UNDER CONSENT AGENDA The Law Enforcement & Courts Committee met on Thursday, June 13, 1996, 4:00.P.M., in the Conference Area of the County Administrators Office, 107 North Kent Street, Third Floor, Winchester, Virginia. Present were Chairman of the Committee Robert M. Sager and committee members Margaret B. Douglas, Larry P. Coverstone, James L. Hockman, Vickie Wilkins and Donald S. Jackson. Also present were, Major Alvin Johnson of the Sheriffs Department, County Attorney Lawrence R. Ambrogi, and County Administrator John R. Riley, Jr. The committee submits the following: 1. Renovation of Basement Space in the Joint Judicial Center Major Alvin Johnson presented the attached proposal from the maintenance staff at the Joint Judicial Center to renovate said space. The committee recommends approval and forwards same to the Finance Committee for consideration. (See Attached) The following items were submitted for the boards information only: 1. State Police Enforcement of No County Decal The county administrator advised the Committee of an agreement reached by the county and the state police for additional enforcement of no county decal. The only requirement is that the state recoup its cost by receiving 50% of the proceeds from enforcing same. 2. Security Svstem at the Joint Judicial Center The county administrator briefed the Committee on the status of the security concerns at the Joint Judicial Center. 026 3. Additional Road Deoutv Position Board of supervisors member Robert M. Sager informed the committee of two grant awards that will provide two additional road deputy positions in the Sheriffs Department. He also advised the committee ofhis desire to fund a third road deputy position during the coming fiscal year. FINANCE COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA WITH EXCEPTION OF (ITEMS 1 AND 13) The Finance Committee met in the County Administration conference area at 107 North Kent Street on Monday, July 1, 1996 at 8:30 a.m. All committee members were present. The following items were submitted for the boards action: 1. The Salvation Armv ReQuests a General Fund Suoolemental Aoorooriation in the Amount of $50.000 - Aonroved $20.000 This amount is needed to help reach their $1.8 million goal. Additional local funds are necessary. A representative from the Salvation Army will be at the meeting to discuss this request. See attached memo, p. 1-2. The committee approved a revised request in the amount of $20,000. Mr. Shiclde and Mr. Orndoff noted they would not enter into any discussion or vote on this request as it would be a conflict of interest on their part. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above request was approved in the amount of $20,000. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shiclde - Abstained Charles W. Orndoff, Sr. - Abstained 2. The Director of Public Works ReQuests a General Fund Suoolemental Aooronriation in the Amount of $15.500 This amount is needed to purchase a new vehicle. This purchase will be offset by additional unbudgeted revenue received during FY 96. This request for a vehicle was cut from the 96-97 budget with direction given that it could be purchased with unbudgeted revenues. See attached memo, p. 3-6. The committee recommends approval. 3. The Director of Data Processin2 ReQuests a Bud2et Transfer in the Amount of $6.000 This amount is needed to purchase a PC server. No additional local funds are needed. See attached copy, p. 7-9. The committee recommends approval. 4. The County Administrator ReQuests a FY 1996-97 Bud2et Transfer in the Amount of $1.750 A vehicle is being transferred from the Board of Supervisors budget to the Commissioner of the Revenue budget and this amount represents maintenance and insurance amounts budgeted for this vehicle. No additional local funds are needed. See attached memo, p. 10. The committee II 1027 recommends approval. 5. The Treasurer Reouests a FY 1996-97 General Fund Supplemental Appropriation in the Amount of $27.065 This amount represents office equipment needed for the new office building. $8,765 of this request was approved in June of 1996 and needs to be carried forward. Additional local funds are necessary. See attached memo, p. 11-14. The committee is sending this request to the Board of Supervisors July 3, 1996 meeting without a recommendation. 6. The SherifTReauests a General Fund Supplemental Appropriation in the Amount of $34.252 This amount represents a grant for a Victim Witness position to be shared between the Sheriffand the Commonwealth Attorney. Of this amount, $3,425 is a match to be made by Frederick County and represents additional local funds that are necessary. See attached memo, p. ] 5-16. The committee recommends approval. 7. The SheritTReauests a General Fund Supplemental Appropriation in the Amount of $4.500 This amount is needed to renovate basement space in the Judicial Center into an office area. The amount on the memo was rounded to $4,500 to include the cost of computer cable. Additional local funds are necessary. See attached memo, p. 17-21. The committee recommends that these funds be absorbed in the Public Works budget. 8. The SheritTReauests a General Fund Supplemental Appropriation in the Amount of$9.143.01 This amount represents monies received from a Sheriffs sale for vehicles and unclaimed property and is requested to be placed in 10-3102-3004-000-002 Repair and Maintenance - Vehicle. This amount is requested to be carried forward. See attached memo, p. 22. The committee does not recommend approval. 9. The SheritTReauests a General Fund Supplemental Appropriation in the Amount of $3.959.50 This amount represents insurance reimbursements for vehicle accidents that occurred in April and May of this year. This amount is requested to be carried forward. See attached copies, p. 23-24. The committee recommends approval. 10. The Finance Director Reauests a General Fund Supplemental Appropriation in the Amount of $8.384.90 These were Law Library fees received by the County and need to be remitted to the fiscal agent, the City of Winchester. No additional local funds are needed. This item has been forwarded to the Joint Finance Committee. 11. The Re2ional Jail Reauests a Budl!et Transfer in the Amount of $20.595. The Director of Court Services Reauests a Court Services Supplemental Appropriation in the Amount of$14.410 These funds are needed for the purchase of a computer system and grant funds have been approved. No additional local funds are needed. See attached memo, p. 25-28. The committee recommends approval. 12. The Landfill Mana2er Reauests a Landfill Fund Supplemental Appropriation in the Amount of $111.439 II 028 This amount represents an insurance reimbursement for a compactor fire that occurred on November 1, 1995 and is requested to be placed in 12-4204-7006-000-000 Construction Vehicles and Equipment. No additional local funds are needed. See attached copy, p. 29. The committee recommends approval. 13. The School Finance Director Requests a School Suoolemental Aoorooriation in the Amount of $581.880. A Bud2et Transfer Is Also Reouested in the Amount of $199.591 - Aooroved The above budget adjustment and appropriation transfers are necessary for Frederick County Public Schools to govern the remaining programs at D. J. Howard. The School Finance Director also requests authorization to establish a 0.1. Howard Trustee Fund. The committee approved the above requests contingent upon the Board of Supervisors understanding of the situation at Dowell 1. Howard. The School Board will be furnishing the Board of Supervisors a report on the status and history of 0.1. Howard. See attached memo, p. 30-32. Mr. Jim Boyd, finance director for the schools, appeared before the Board to explain this request from the school. Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shickle, the above request was approved. 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 14. The Chairman of the Board of Suoervisors Requests a General Fund Suoolemental Aoorooriation in the Amount of $5.500 to Restore Comoensation to Committee Members The committee recommends approval. The following items were submitted for the boards information only. 1. The Director of Fire and Rescue requests that the Finance Committee be notified that Federal and State funds have been received for reimbursement of expenses incurred for the January 1996 Blizzard. These funds will be returned to Fund Balance. See memo, p. 33. 2. Attached is information from the Planning Department regarding current and future expenses for the Route 37 project. See memo, p. 34. The following items were discussed for policy discussion only. 1. The Finance Committee recommends that transfers between school categories follow the same guidelines as those with other county departments. See attached memo, p. 35. 2. After discussion between the Treasurer and other Finance Committee members it was , agreed that County contributions as match funds to grants would not be disbursed prior to receiving the state funds. BOARD OF SUPERVISORS COMMENTS ---------.--TT--.----.--------~-~ il II ,I I 029 There were no comments at this time. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the board retired into executive session in accordance with the Code of Virginia, 1950, as amended, Section 2.1-344, Subsection A (1 ),(7) and (5) for discussion of Personnel, Legal and Economic Development CommissionlIndustrial Prospect. BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the board withdrew from executive session. '. BOARD RECONVENED INTO REGULAR SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the board reconvened into regular session and certified nothing other than what was noted as reason for going into executive session was discussed. UPON MOTION MADE BY ROBERT M. SAGER, SECONDED BY CHARLES W. ORNDOFF, SR., AND PASSED UNANIMOUSLY, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. / James L. Longerbea Chairman, Board of Supervisors II