August 14, 1996 Regular Meeting
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A Regular Meeting of the Frederick County Board of Supervisors was held on August 14,
1996, at 7:15 p.m., in the Board of Supervisors' Meeting Room, Frederick County Courthouse,
Loudoun Street Mall, Winchester, Virginia.
PRESENT: Chainnan 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 Reverend Robert G. Stainback of the Centenary United
Church of Christ.
ADOPTION OF AGENDA
Chairman Longerbeam requested time to discuss the establishment of a joint worksession
between the Planning Commission and Board of Supervisors under County Officials, Item #8.
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. Tab D: Schedule Public Hearing Date for Planning Commission Items;
2. Tab E: Carry Forward of Grant Funds for Sheriff's Department;
3. Tab G: Electronic Ballot Vote Tabulator;
4. Tab H: Resolution Accepting Lakeside Surplus Property from the Frederick County
School Board;
5. Tab I: Center for Community Living: Community Development Block Grant
(CDBG) Project;
6. Tab 0: Subdivision Waiver Request of Debra Allanson;
7. Tab P: Road Resolution: Stonewall Industrial Park;
8. Tab S: Draft Resource Management Plan for the Kernstown Battlefields;
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9. Tab U: Personnel Committee Report; and
10. Tab V: Joint Finance Committee Report.
Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., 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
No one appeared before the board.
RESOLUTION RECOGNIZING FREDERICK COUNTY EMPLOYEE CLAYTON
J. GRANT. GRAPHIC DESIGN TECHNICIAN IN THE FREDERICK COUNTY
PLANNING AND DEVELOPMENT DEPARTMENT. AS EMPLOYEE OF THE
MONTH
Supervisor Shickle presented this award to Graphic Design Technician Clayton 1. Grant.
MINUTES OF SPECIAL MEETING - JULY 3. 1996 - APPROVED
Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the minutes
of the special meeting of July 3, 1996, were approved as presented by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
MINUTES OF REGULAR MEETING - JULY 10. 1996 - APPROVED
Upon motion made by Charles W. Orndoff, Jr., seconded by W. Harrington Smith, Jr., the
minutes of the regular meeting of July 10, 1996, were approved as presented by the following
recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
COMMITfEE APPOINTMENTS
HANDLEY REGIONAL LffiRARY BOARD - SUPERVISOR MARGARET
DOUGLAS' APPOINTMENT AS LIAISON TO REPLACE ROBERT M. SAGER-
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APPROVED
Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr.,
Supervisor Margaret Douglas was appointed liaison to the Handley Regional Library Board to replace
Robert M. Sager and 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
NOMINATION OF VALERIE FOX. EMPLOYEE OF AMOCO FOAM PRODUCTS.
TO LOCAL EMERGENCY PLANNING COMMll TEE (LEPC) - APPROVED
The Fire and Rescue Department requested the board's confirmation of the LEPC'S
nomination of Valerie Fox, with Amoco Foam Products, before her name is submitted to the State
Emergency Response Council for appointment.
Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., this
nomination was approved by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
BOARD OF EOUALIZATION
Back Creek District
Supervisor Douglas submitted the following names for consideration of appointment to the
Board of Equalization: James Brumback, Eugene Larrick, and Peggy Hahn.
Stonewall District
Supervisor Orndoff submitted the following names for consideration of appointment to the
Board of Equalization: Kenny Stiles, Richard Crane, and Mary Jane Light.
Shawnee District
Supervisor Smith requested any citizen in the Shawnee District who is interested in serving
on this board to please contact him immediately.
FREDERICK-WINCHESTER SERVICE AUTHORITY - REAPPOINTMENT OF
ROBERT N. CARPENTER - APPROVED
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Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., Robert
N. Carpenter was reappointed to the Frederick-Wmchester Service Authority. This term commences
September 1, 1996 and expires August 31, 1999.
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
FREDERICK-WINCHESTER SERVICE AUTHORITY - REAPPOINTMENT OF C.
ROBERT SOLENBERGER. MEMBER-AT-LARGE - APPROVED
Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, C. Robert
Solenberger was reappointed as the Member-at-Large on the Frederick-Winchester Service
Authority. This term commences September 1, 1996, and expires August 31, 1999.
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
LORD FAIRFAX PLANNING DISTRICT COMMISSION - REAPPOINTMENT OF
COUNTY ADMINISTRATOR JOHN R. RILEY. JR.. AND APPOINTMENT OF
INTERIM PLANNING DIRECTOR KRlS Co TIERNEY - APPROVED
Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, County
Administrator John R Riley, Jr., was reappointed and Interim Planning Director Kris C. Tierney was
appointed to serve on the Lord Fairfax Planning District Commission. These terms commence
October 1, 1996, and expire September 30, 1998.
The above motion was approved by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
PLANNING DEPARTMENT'S REOUEST FOR PUBLIC HEARING DATES -
APPROVED UNDER CONSENT AGENDA
Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the following
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items were approved under consent agenda for public hearings at the board's meeting scheduled for
September 11, 1996:
Conditional Use Permit #009-96 of Kenneth C. Poole, Jr.
Conditional Use Permit #010-96 ofJennifer B. Harris
Rezoning Application #004-96 of Valley Mill Estates
Rezoning Application #005-96 of Scully Ltd.
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
SHERIFF'S DEPARTMENT'S REOUEST FOR CARRY FORWARD OF GRANT
FUNDS IN THE AMOUNT OF $35.406 - APPROVED UNDER CONSENT AGENDA
Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the Sheriff's
Department's requests for a carry forward of grant funds in the amount of $35,406 was approved
under consent agenda 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
COUNTY ADMINISTRATOR'S REOUESTS FOR AN ADMINISTRATION
BUILDING FUND SUPPLEMENTAL APPROPRIATION - APPROVED IN PART
County Administrator Riley requested an Administration Building Fund supplemental
appropriation in the amount of $1,459,667. Ofthis amount, $1,189,802 remains outstanding to
Shockey for the current building construction contract. The remaining amount of $269,865 will be
used for additional costs associated with the building.
Since the remaining amount of funds are not obligated for any specific expenditures, it was
the consensus of the board that these funds would not be appropriated at this time.
Upon motion made by Robert M. Sager, seconded by Richard C. Shickle, to move the
administration building funds to the current fiscal year. Additional costs will be used for expenditures
as approved by the board based on the Public Works Committee recommendations.
The above motion was approved by the following recorded vote:
James L. Longerbeam - Aye
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W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
ELECTORIAL BOARD'S REOUEST FOR A GENERAL FUND SUPPLEMENTAL
APPROPRIATION IN mE AMOUNT OF $6.500 FOR mE PURCHASE OF AN
ELECTRONIC BALLOT VOTE TABULATOR - APPROVED UNDER CONSENT
AGENDA
Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the Electorial
Board's request for a general fund supplemental appropriation in the amount of $6,5000 for the
purchase of an electronic ballot vote tabulator was approved under consent agenda 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
RESOLUTION (#003-96) ACCEPTING LAKESIDE SURPLUS PROPERTY FROM
THE FREDERICK COUNTY SCHOOL BOARD - APPROVED UNDER CONSENT
AGENDA
Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the following
resolution was approved under the consent agenda:
RESOLUTION ACCEPTING LAKESIDE PROPERTY FROM THE
FREDERICK COUNTY SCHOOL BOARD
WHEREAS, the Frederick County School Board adopted a resolution on July 1, 1996,
declaring the property located in Lakeside to be surplus property; and
WHEREAS, said property is that certain lot or parcel ofland containing 16.0000 acres,
more or less, more particularly described in that certain plat and survey ofP. Duane Brown, C.L.S.,
dated October 6, 1986, which plat and survey is of record attached to a deed of gift to the County
School Board of Frederick County, Virginia, in Deed Book 632, at Page 466 in the Clerk's Office
of the Circuit Court of Frederick County, Virginia, which plat and survey is made a part hereof by
reference; and
NOW, mEREFORE, BE IT RESOLVED, that the Frederick County Board of
Supervisors hereby authorizes Clerk of the Board of Supervisors John R. Riley, Jr., to accept a deed
for the above described Lakeside property from the School Board on behalf of the county.
PASSED this 14th day of August, 1996.
The above motion 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. ShickIe - Aye
Charles W. Orndoff, Sr. - Aye
RESOLUTION TO ESTABLISH POLICY PLANS FOR THE CENTER FOR
COMMUNITY LIVING: COMMUNITY DEVELOPMENT BLOCK GRANT
PROJECT - APPROVED UNDER CONSENT AGENDA
The Department of Housing and Community Development requires, as one component of the
pre-contract conditions for the Rose Memorial construction project, the local governing body to
adopt plans and policies pertaining to employment practices, non-discrimination, anti-displacement,
and fair housing.
Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the following
resolution was approved under consent agenda:
RESOLUTION TO ESTABLISH POLICY PLANS FOR mE
CENTER FOR COMMUNITY LIVING: COMMUNITY DEVELOPMENT
BLOCK GRANT PROJECT
Whereas, the Department of Housing and Community Development has recognized the
Center for Community Living as a viable project under the Community Development Block Grant
program; and,
Whereas, the Center for Community Living will provide the County of Frederick with a
facility which will fulfill an identified community need; and,
Whereas,the Department of Housing and Community Development has established policies
and plans that are required to be implemented for all successful Community Development Block
Grant projects; and,
Whereas, the adoption of a Local Business and Employment Plan, a Non-Discrimination
Policy, a Residential Anti-Displacement and Relocation Assistance Plan, and a Fair Housing
Certification Policy for the County of Frederick will establish the policies and plans as required by
the Department of Housing and Community Development.
NOW, THEREFORE, BE IT ORDAINED, by the Frederick County board of Supervisors
that a Local Business and Employment Plan, a Non-Discrimination Policy, a Residential Anti-
Displacement and Relocation Assistance Plan, and a Fair Housing Certification Policy be implemented
for the Center for Community Living facility as described on the following attachments (these
documents are on file in the Office of Planning and Development):
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
AUGUST 28, 1996. 7:00 PM ESTABLISHED AS DATE FOR PLANNING
COMMISSION AND BOARD OF SUPERVISORS JOINT WORKSESSION FOR
DISCUSSION OF ROUTE 11 NORm WATER AND SEWER
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AN AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 165.
ZONING: ARTICLE V. RA. RURAL AREAS DISTRICT: SECTION 165-51.
CONDITIONAL USES. THE PROPOSED AMENDMENT WILL PERMIT
SEWAGE REMOVAL AND DRAIN CLEANING SERVICE OPERATIONS THAT
HAVE BEEN IN BUSINESS PRIOR TO JUNE 1. 1978 TO BE WCA TED IN THE
RA. RURAL AREAS DISTRICT THROUGH THE ISSUANCE OF CONDITIONAL
USE PERMIT BY FREDERICK COUNTY (TABLED FROM BOARD MEETING OF
JULY 10. 1996) - BROUGHT FORWARD FROM TABLE
Upon motion made by Richard C. Shickle, seconded by W. Harrington Smith, Jr., this
amendment was brought forward from the table 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 - AN ORDINANCE TO AMEND THE FREDERICK COUNTY
CODE. CHAPTER 7. ELECTIONS: ARTICLE I: MAGISTERIAL DISTRICTS:
SECTION 7-3. CENTRAL ABSENTEE VOTING PRECINCT. THE PROPOSED
AMENDMENT WILL ALLOW THE CENTRAL ABSENTEE VOTING PRECINCT
(CAVP). (FORMERLY KNOWN AS THE CENTRAL ABSENTEE VOTING
ELECTION DISTRICT (CA VED)). TO BE MOVED FROM 20 NORTH LOUDOUN
STREET (OLD FREDERICK COUNTY COURTHOUSE). WINCHESTER.
VIRGINIA. BOARD OF SUPERVISORS MEETING ROOM. TO 107 NORTH KENT
STREET (COUNTY ADMINISTRATION BUILDING). WINCHESTER. VIRGINIA.
IN A FIRST FLOOR CONFERENCE ROOM - APPROVED
County Administrator John Riley presented this ordinance amendment.
There was no public input.
Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shickle, the
following ordinance amendment was approved:
BE IT ORDAINED, that Chapter 7, Elections; Article I, Magisterial Districts; Section 7-3,
Central Absentee Voting Precinct, is hereby amended to read as follows:
fi 7-3. Central Absentee Voting Precinct.
The Central Absentee Voting Precinct for all elections (except town elections for Middletown
and Stephens City) is to be held at 107 North Kent Street (County Administration Building),
Winchester, Virginia, in a First Floor Conference Room.
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
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PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK COUNTY
CODE. BY DELETING AND REPEALING CHAPTER 104 THEREOF. JUNK
DEALERS AND PAWNBROKERS. AND REPLACING IT WITH A NEW
PROPOSED CHAPTER 104. TO BE ENTITLED JUNK DEALERS AND
PAWNBROKERS. WHICH CHAPTER PROVIDES FOR LICENSES TO BE ISSUED
BY THE COUNTY. LIMITATIONS. RECORD KEEPING. POLICE ACCESS.
STATUTORY PROVISIONS AND PENALTIES FOR VIOLATION OF THE
CHAPTER-APPROVED
County Administrator Riley presented this ordinance amendment.
There was no public input.
Upon motion made by Richard C. Shickle, seconded by Robert M. Sager, the following
ordinance amendment was approved:
BE IT ORDAINED, that the current Chapter 104, Entitled Junk Dealers and Pawnbrokers,
of the Frederick County Code, is hereby repealed and a new Chapter 104, Entitled Junk Dealers and
Pawnbrokers of the Frederick County Code, is hereby adopted to read as follows:
CHAPTER 104
JUNK DEALERS & PAWNBROKERS
(A) PAWNBROKER DEFINED. For the purpose of this section pawnbroker means any
person, partnership, corporation, or other entity who lends or advances money or other things for
profit on the pledge and possession of personal property, or other valuable things, other than
securities or written or printed evidences of indebtedness, or who deals in the purchasing of personal
property or other valuable things on condition of selling the same back to the seller at a stipulated
pnce.
(B) SECOND HAND DEALER DEFINED. For the purpose of the section a secondhand dealer
is defined as any person, partnership, corporation, or other entity who sells anyone of the following:
used electronic items less than fifty (50) years old, or used hand or power tools less than fifty (50)
years old. Electronic items include the following, whether designed for home, personal or vehicular
use, but are not limited to televisions, stereos, stereo components, radios, telephones, compact disc
players, digital audio tape (OAT) players, audio speakers, video cassette recorders (VCR's),
microwave ovens, cameras, video cameras, computers and computer equipment.
(1 ) Exceptions - The definition of secondhand dealer shall not include those persons,
partnerships, corporations, or other entities selling property that was bought new from a licensed
manufacturer, wholesaler, or retailer by such person, partnership corporation, or other entity. The
term secondhand dealer also shall not include charitable organizations.
(C) For the purposes of this section "used" shall mean items purchased from anyone other than
a licensed manufacturer or licensed wholesaler.
fi 104.1- Recordkeeping
Every pawnbroker or secondhand dealer or community sale operators, except regularly
licensed dealers in motor vehicles, doing business in Frederick County, Virginia, shall keep at his
place of business a legible record of each purchase, loan, or transaction made by him or any of this
employees or agents in the course of business.
Each record shall include:
(1) a description, serial number, and a statement of ownership by the person selling,
pawning, pledging, or consigning the goods received by the pawnbroker or secondhand dealer;
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(2) the time, date, and place of the transaction;
(3) the price paid or the item exchanged for the property or the amount loaned to the
person pledging the goods and the rate of interest on such loan;
(4) the full name, social security number or drivers license number, home and work
addresses and telephone numbers of the person selling, pawning, pledging, or consigning the goods,
together with a description of such person including height, weight, date of birth, race, gender, hair
and eye color, and any identifying marks;
(5) verification of the identification by the exhibition of a government issued photo-
identification card. The record shall indicate the type of identification, the issuing agency, and the
identification number thereon. If the seller, pawner, pledgor, or consignor does not have a
government issued photo identification card, the record shall contain verification of two other forms
of identification including type and issuer;
(6) all other facts and circumstances in the transaction and;
(7) the terms and conditions of the loan, including the period for which the loan may be
made.
(8) Licensing:
(A) Upon authorization of the Frederick County Circuit Court, the County
Administrator of Frederick County or his agent may issue a pawnbroker or secondhand dealer license
upon payment ofa one hundred dollar ($100.00) licensing fee (this is not a business license fee) and
payment of a fee to cover the expense of a background check and satisfaction of the requirements
herein. The applicant shall be granted a license if he has satisfied such court of his good character
and he has not been convicted within the last seven (7) years of a felony or a crime of moral turpitude,
including, but not limited to, larceny, receiving stolen property, and fraud. Information required on
the application shall include the applicant's full name, aliases, or trading names, address, age, social
security number, sex, fingerprints, and photograph. The application shall also include the name,
address and telephone number of all applicant's employers within the previous seven (7) years, if any,
and the location of the site at which the applicant wishes to operate as a pawnshop or secondhand
dealer. Licenses sha1l be valid for one (1) year from the date of issuance and may be renewed in the
same manner as the initial license was obtained.
(B) Limitations:Within Frederick County, a pawnbroker or secondhand dealer
may operate his business only from the location specified in his application. The license shall not be
transferrable. Obtaining a license from the County Administrator or his agent does not indicate that
the applicant has complied with all other county regulations or permits, including but not limited to
zoning restrictions and business license tax. Not more than 5 places within the County of Frederick
sha1l be licensed where the business ofa pawnbroker or secondhand dealer, including a pawnbrokers
or secondhand dealers sales, may be conducted. Licenses shall not be transferrable.
(C) Police Access: Every pawnbroker or secondhand dealer shall admit, to his
premises, during regular business hours, the Sheriff of Frederick County or his designee to examine
the transaction record of the dealer and search for any article listed in the transaction record that the
Sheriff or his sworn designee knows or believes to be stolen, without the formality of a warrant.
(D) Reporting: Every secondhand dealer or pawnbroker shall prepare a written
report at the end of each day of all personal property purchased or received as collateral from
individuals and file each report with the Sheriff not later than noon the next day. Such report shall
contain all the information required in Section 104.1 in this ordinance and shall be in clear legible
writing.
~104.2. Applicability of Statutory Provisions.
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This chapter shall not in any manner be deemed or construed to alter or abrogate any law of
the state applicable to the subject matter hereof.
fil04.3. Penalty for Violation of Ordinance.
Any licensed pawnbroker who violates any provision of this Chapter shall be guilty of a Class
4 misdemeanor, punislunent for which is a fine of not more than $250.00. In addition, the Court may
revoke or suspend the pawnbroker's license for second and subsequent offenses.
The above motion was approved by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
PUBLIC HEARING - AN ORDINANCE TO ESTABLISH THE OFFICE OF VICE-
CHAIRMAN OF THE BOARD OF SUPERVISORS OF FREDERICK COUNTY.
VIRGINIA -APPROVED
County Administrator Riley presented this request.
There was not public input.
Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the following
ordinance was approved:
ORDINANCE
TO ESTABLISH OFFICE OF VICE-CHAIRMAN OF THE BOARD
OF SUPERVISORS, COUNTY OF FREDERICK
Pursuant to the provisions of Section 15.1-528, Code of Virgini!\, the Office of Vice-
Chairman of the Board of Supervisors of Frederick County is hereby created as of January 1, 1997.
The Board shall, at its first annual meeting each calendar year, elect one of its number as Vice-
Chairman, who shall preside at meetings in the absence of the Chairman and may discharge any other
duty of the Chairman during his absence or disability. The term of Office of the Vice-Chairman shall
commence at the close of the annual meeting at which he is elected and shall continue until the close
of the next annual meeting. Should the Board fail to elect one of its members as Vice-Chairman by
a majority vote, the Office of the Vice-Chairman shall be declared vacant and shall remain vacant until
a successor is so elected at an annual meeting of the Board. A Vice-Chairman may succeed himself
in office.
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 - THE PROPOSED SALE OF COUNTY OWNED PROPERTY
LOCATED OFF OF ROUTE 751 (FORMERLY KNOWN AS OLD ROUTE 50). IN
GORE. VIRGINIA. BACK CREEK MAGISTERIAL DISTRICT. CONSISTING OF
APPROXIMATELY 6.826 ACRES AND OLD ~CHOQL ~IlILDING (FQRMERLY
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KNOWN AS GORE SCHOOL) AND DESCRIBED AS PARCELS "A" AND "BOO - TO
BE ADVERTISED FOR BIDS
County Administrator John Riley presented this request. A handout was presented to the
board detailing the sequence of events and actions the staff and board have taken on the Gore School
facility.
The following individuals appeared before the board to address this request:
Barbara Seldon. Hil:hview. West Vir2inia - She pays taxes in the county and uses the Gore
School playground facility. She requested that the land be used as a park for that area and that
repairs be made to the building for use by the community.
Bret Morpn. Frederick County - He was opposed to the sale of this facility for $10,000.
He did not see an ad in the paper requesting bids on this property and asked that it be readvertised
for he was willing to offer $15,000 for the facility.
Joseoh Manual. Frederick County - He was also interested in submitting a bid on this
facility and asked that the request for bids be readvertised.
Linda Crioton. Hiehview. West Vir2inia - She pays taxes in Frederick County and the
playground is used by her children all the time. She also requested that the facility be readvertised
for bids because she is interested in starting a day care business.
Chuck Soade. Frederick County - He was opposed to the sale. He felt the county should
keep the facility to provide a teen center or park for teenagers in that area.
Lvndon Anderson. Gore - He felt a public meeting should be held to decide what should be
done with the facility. Chairman Longerbeam stated that this had been done before but Mr. Anderson
felt the publication of the meeting was not handled correctly. He felt a petition should be passed
around for citizens to sign advising them of the meeting.
Bill Jeunette. Gore - He was opposed to the sale. He requested, in writing from the board,
what services are being provided to the Gore community other than the Indian Hollow School and
the sheriff's department. Since there are no recreational facilities in the Back Creek District, he felt
the facility should be renovated as a recreational facility for the parks department to hold some of
their programs. He further suggested that it could be used as a library, clinic, and for the area's senior
citizens. If the board sold this facility for $10,000 and because the county's assessment of the
property is $350,000, he felt this would be an irresponsible act of the board.
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Fred Hudson. Frederick County - He served as the interim pastor for Gore a few years ago
and felt a church did add value to a community in that it provided morales and uplifted the lives of
those who live in the community. He explained that should the property be sold to the church, the
grounds and facility would always be available for public use. If the property could not be used by
the parks department he hoped the board would approve the church's purchase of this property so
that they could grow and expand.
Barbara Seldon. Hi2hview. West Vil'Jinia - She appeared before the board again and
stated she did not see the advertisements in the paper regarding any meetings held on the fate of the
Gore School facility and would have attended had she known about them.
Following discussion, it was the consensus of the board that this matter has been studied to
the point that the county needed to move forward with an attempt to sell this facility at a reasonable
price. Due to the fact that several citizens stated an interest in purchasing this facility and because
this sale was not based upon an ad requesting sealed bids, the board felt the sale should be advertised
for bids with the understanding they could reject any or all bids. In addition, County Administrator
Riley was directed to contact the Board of Assessors to obtain the latest assessment figures on this
property.
Upon motion made by Robert M. Sager, seconded by Richard C. Shickle, county staffwas
directed to request sealed bids for the purchase of this facility and to include in the ad the appropriate
staff contact to inquire about the permitted uses of this facility.
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
PROPOSED CLOSING OF MIDDLE ROAD (ROUTE 628) DUMPSTER SITE AND
EXPANSION OF THE MIDDLETOWN SCALE SITE TO INCLUDE TWO
COMPACTORS - APPROVED WITH 60 DAY TARGET DATE
The following individuals appeared before the board to address this request:
James Dick. Back Creek District - He lives in the area of the dumpster site and expressed
that this was the most devastating area he has ever seen. He further explained that when the winds
are high trash is blown all over his property along with the surrounding neighborhood and they were
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all tired of picking it up.
Marv DuvalL Back Creek District - She lives close to the dumpster site and stated this site
has been a problem for about 15 years. She believes the site is an environmental problem because of
the dead carcases found from time to time, building contractors using it for illegal dumping, and the
frequent disposal of household appliances on the site. She explained that the former chairman,
Richard Dick, visited the property about two years ago and advised her that by April 15 the site
would be closed, however, when this was attempted someone displayed a sign opposing the closing
of this facility and the site was never closed. She further explained that she was also willing to drive
to Middletown to dispose of her trash and that she was also willing to pay more taxes to have her
trash picked up at her house.
Public Works Director Harvey E. Strawsnyder appeared before the board and suggested the
closing of this site should wait until the Middletown Scales site was completed and the second
compactor could be ordered and delivered which would take approximately 30 days.
Upon motion made by Margaret B. Douglas, seconded by W. Harrington Smith, Jr., approved
to close the Middle Road dumpster site with a target date of 60 days for the completion of the
Middletown Scales site expansion for a second compactor.
The above motion was approved by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
END OF PUBLIC HEARING ITEMS.
PLANNING COMMISSION BUSINESS:
MASTER DEVEWPMENT PLAN #006-96 OF CHAPEL HILL - APPROVED WITH
STIPULATIONS
Planner Mike Ruddy presented this request to the board. The Master Development Plan is
located on the east side of Route 522 South, 700 feet south of Longcroft Road in the Shawnee
Magisterial District and the proposed use is residential single family detached urban housing units.
The Planning Commission recommended approval at their meeting of July 3, 1996, with the
stipulation that Hockman Drive be extended to the southern property line and restricted as a
044
secondary access only for the adjoining property, and that the extension is to be preceded by a
primary access to Route 522 by the adjoining property. Build out percentage of the adjoining
property is to reach 75 percent before the connection is made.
Supervisor Smith questioned the location of the Hockman Drive cul-de-sac shown on the
south-eastern side of the proposed development and asked if the plan before them was correct. Mr.
Ruddy explained that G.W. Clifford and Associates had revised the plan to show Hockman Drive
extended all the way to the property line.
Supervisor Sager addressed concern regarding the stormwater drainage and environmental
impact the development of Chapel Hill would have on surrounding property owners. He did not feel
that the owners would have a guarantee that their property would not be affected by this
development, especially from the stormwater drainage.
G.W. Clifford and Associates representative Steve Gyurisin addressed the board and explained
that the subdivision standards set by the county had to be adhered to and one of the standards
included stormwater management. He felt the existing pond, because of its elevation and location,
would handle all stormwater drainage for the developed site but stated a mechanism would probably
be installed to control any overflow if such a situation occurred. All the agency concerns would be
addressed in all plans developed by G.W. Clifford and Associates and also reviewed to ensure
compliance with all county regulations.
Chairman Longerbeam questioned if the existing pond would expand. Because of the high
elevation on the north side of the pond, Mr. Gyurisin felt that if any expansion occurred it would be
more to the south point near Hockman Drive.
Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, Master
Development Plan # 006-96 for Chapel HilI Subdivision was approved with stipulations as addressed
by the Planning Commission by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Nay
Richard C. ShickIe - Aye
Charles W. Orndoff, Sr. - Aye
SUBDIVISION WAIVER REOUEST OF DEBRA ALLANSON - APPROVED
UNDER CONSENT AGENDA
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Mrs. Debra Olan A1lanson is the owner ofa parcel, PIN #61-A-78, located at the corner of
Pitcock Lane and Miller Road. Mrs. A1lanson plans to divide the parcel into two lots in order that
she can finance the house where she lives at a fixed rate and deed the other residence to her
daughter. A well will be drilled on Lot 1 and tentative approval has been received from the health
department to utilize an off-site easement for a health system. The Planning Commission unanimously
recommended approval at their meeting of July 3, 1996.
Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., this
subdivision waiver request was approved under the consent agenda 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
ROAD RESOLUTION: STONEWALL INDUSTRIAL PARK - APPROVED UNDER
CONSENT AGENDA
Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the following
resolution was approved under the consent agenda:
Whereas,the streets described on the attached Additions Form SR-5(A), fully incorporated
herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of
Frederick County, and
Whereas, the Resident Engineer of the Virginia Department of Transportation has advised
this Board the streets meet the requirements established by the Subdivision Street Requirements of
the Virginia Department of Transportation, and
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department
of Transportation to add the streets described on the attached Additions Form SR-5(A) to the
secondary system of state highways, pursuant to 33.1-229, Code of Virginia, and the Department's
Subdivision Street Re<DJirements, and
BE IT FURmER RESOLVED, this Board guarantees a clear and unrestricted right-of-
way, as described, and any necessary easements for cuts, fills and drainage, and
BE IT FURTHER RESOLVED, that in order to provide route number continuity in this
development, the VIrginia Department of Transportation requests, and the Frederick County Board
of Supervisors hereby agrees, to renumber a section of Route 681 (Tyson Drive) from the intersection
with McGhee Road to 0.35 mile south of said intersection, and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the
Resident Engineer for the Virginia Department of Transportation.
The above motion was approved by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
046
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
REOUESTS FOR SEWER EXTENSION: FAIm BAPTIST CHURCH AND FIRST
UNITED METHODIST CHURCH
Interim Planning Director Kris Tierney presented this request. The Planning Department
received two requests for sewer and water extensions beyond the Sewer and Water Service Area
(SWSA). These requests represent extensions to what is now vacant land with the stated intent to
construct churches. Faith Baptist Church is a 14-acre site located on the east side of Double
Churches Road, south of Route 277 intersection, and First United Methodist Church is a IS-acre
parcel owned by Mary Ellen Pope on Apple Pie Ridge. The county has in the past allowed minor,
small diameter sewer extensions outside the SWSA for specific uses. The Comprehensive Plan and
Programs Committee, at their meeting ofJuly 1, 1996, endorsed these requests and the Planning
Commission recommended approval with the stipulation that the extensions be sized solely for the
intent to construct churches as stated by applicants.
Supervisor Smith asked where the extensions would be located and who is responsible for the
cost of the connection. Mr. Tierney explained that the force mains were across the road from the
properties and the churches would be responsible for the cost to connect.
Supervisor Sager stated that it was his understanding Mr. Bowman was going to run the line
from 277 up the east side of Double Churches Road and would not come from across the road. He
felt the board needed to speak with Mr. Bowman and the church to clear up the confusion.
Mr. Tierney explained that he was not sure what Mr. Bowman's intentions were but he would
be bound by what the board approved. Because some confusion was expressed at the Planning
Commission meeting, he contacted the Sanitation Authority to find out where the existing sewer line
was located and Mr. John Whitacre faxed a map showing the force main was located on the west side
of Double Churches Road. The Planning Commission approved an extension from the force main
to the church and stated if Mr. Bowman or the church was requesting something else that this was
not the planning staff or Planning Commission's understanding.
Chairman Longerbeam stated he felt the board could clear the confusion by voting to extend
the sewer in the most direct way as recommended by the Planning Commission. If the extension was
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routed in any other way, right-of-ways would have to be acquired and felt this was something the
board did not want to do.
Supervisor Sager addressed concern that by approving this request the board would be setting
a double standard. He felt that if this request is approved by the board he believed homeowners with
failing septic systems should be offered the same exception. He noted the extension that was granted
to Fulton Trucking but the surrounding homeowners were not allowed to hook up and felt this was
not fair.
Chairman Longerbeam stated that it was his understanding Fulton Trucking never ran the line
to hook up to sewer.
Mr. Tierney explained that any request received of this nature is handled in the same manner
and the board has the authority to deny or approve.
Mr. Riley stated that he felt if a homeowner experienced a failing septic system and it was
their desire to hook up, the board should consider these requests. If not, then he felt this procedure
should be revisited and not convey a double standard for anyone.
Chairman Longerbeam stated he felt churches will always be handled differently than
homeowners. If these requests are granted outside of the urban development area, he felt the most
direct route should be approved for that one particular facility and leave it at that; otherwise, every
week someone (outside the service area) would want to hook up to an adjacent sewer line and that
is not the policy of the county now or in the future.
Supervisor Shickle asked to abstain from voting on the First United Methodist Church as he
was a member and to avoid an appearance of conflict of interest and that each request be voted on
separately.
Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, the
request for sewer extension in the most direct route was approved for the Faith Baptist Church and
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. Shickle - Nay
Charles W. Orndoff, Sf. - Aye
Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, the
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request for sewer extension in the most direct route was approved for the First United Methodist
Church 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 - Abstained
Charles W. Orndoff, Sr. - Aye
CONTRACT WITH MICHAEL BAKER. JR.. INC. RE: ROUTE 37
ENV1RONMENTAL~PACTSTUDY-APPROVED
Mr. Tierney presented this request. The purpose of this contract is to complete the Final
Environmental Impact Statement (FEIS) on the Route 37 extension which needs to be completed and
submitted to the Federal Highway Administration by March of 1997. The agreement lays out the
detailed scope of work to be performed by Baker and to be completed prior to the March deadline
for an amount not to exceed $464,184. This amount will be paid out of the $1 million dollars that
will be reimbursed from the Virginia Department of Transportation.
Upon motion made by Robert M. Sager, seconded by Richard C. Shickle, this contract 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
DRAFT RESOURCE MANAGEMENT PLAN FOR THE KERNSTOWN
BATTLEFIELDS - APPROVED UNDER CONSENT AGENDA
West Main Design Collaborative was selected to complete the plan for the Grim Farm
property. A draft was presented to the board for review and comments. Not included in this plan
are the cost estimates for completing the numerous phases. Estimates, when received, will include
construction costs for a parking facility and interpretive trail system, and with maintaining the facility
before and after the site is improved for visitor access. A public meeting will be held on August 15
and at that time the consultant, West Main Design Collaborative, will present a more in-depth
overview of the plan and the elements that were taken into consideration in its development.
Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., this plan was
approved under the consent agenda by the following recorded vote:
049
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
COMMIIIEE REPORTS:
PUBLIC WORKS COMMITTEE
The Public Works Committee met on Wednesday, July 31, 1996, at 7:30 a.m. Present were
board members Charles W. Orndoff, Sr. and W. Harrington Smith, Jr., committee members 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 presented for the board's action:
1. Pavin2 at Clearbrook Park - Aooroved
During the previous committee meeting on June 2, 1996, it was decided to pave
Clearbrook Park if sufficient carry forward funds were available from the Fiscal Year 1995/1996
budget.
Prior to this months committee meeting, the Public Works Department solicited bids
to pave seven (7) compactor sites as well as the Clearbrook Park parking lots. Only one bid in the
amount of$70,312 (Attachment number one) was received from Carroll Construction Company, Inc.
The parking lot paving represented $25,750 of this amount.
The attached year end summary for the Refuse Collection budget (10-4203) indicates
an unencumbered balance of $110, 140.3 5 (Attachment number two). Therefore, we are requesting
that we be allowed to carry forward sufficient funds from this balance to accommodate the proposed
paving improvements. A motion was made by Tom Offutt and seconded by W. Harrington Smith,
Jr., to utilize carry forward funds from the FY95/96 budget to accomplish the proposed paving at the
various compactor sites and the unpaved parking lots at Clearbrook Park. The motion was
unanimously approved by the committee.
Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., this
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. Closure of Mountain Falls Dum oster Site - Public Hearin2 to be Scheduled
The Public Works Department has received numerous complaints regarding the
condition of the dumpsters at the entrance to the Mountain Falls subdivision. The site does not have
an attendant nor is it fenced to control access. The site is located within approximately four (4) miles
of the new Shawnee-Land Compactor site which was designed with additional capacity. Therefore,
the Director of Public Works recommended that the Mountain Falls dumpster site be closed within
30 days after notifying the public.
A motion was made by W. Harrington Smith, Jr., and seconded by Tun Wilson to close
050
the Mountain Falls dumpster site because of continuous abuse by the public. The motion was
unanimously approved by the committee.
The board felt the same procedure should be followed on this site closing as was done for the
Middle Road site closing and requested a public hearing be held on this request.
Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., the
board requested a public hearing on the county's proposed closing of the Mountain Falls Dumpster
Site and 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
3. Additional Custodial Services - Aooroved
The completion of the new county office building will require additional custodial staff
to maintain the finished building space. It is anticipated that approximately 26,000 square feet of
additional office space will be occupied on or about September 9, 1996. This allotment does not
include the space to be occupied by Social Services and Environmental Health. These organizations
will be required to furnish their own cleaning services or reimburse Frederick County for this service.
Assuming that only 26,000 square feet will be added to our custodial responsibilities,
the public works director recommended one (1) additional full time custodian and one-half of a part-
time position. It is anticipated that the yearly budget for these added positions will not exceed
$29,000.
In addition to the above mentioned custodial positions, a shared maintenance position
has been suggested by the Frederick County School Board. The Public Works Department is
currently reviewing a proposal from the school board to provide maintenance for the new and existing
complex. As part of this agreement, the school board is requesting that we share the cost of one (I)
maintenance mechanic. It is estimated that our share of this cost would be approximately $18,200.
After discussing these issues in detail, a motion was made by W. Harrington Smith,
Jr., and seconded by Karen Kober to approve the custodial positions with the stipulation that the
needs would be reviewed after a six (6) month probationary period. This motion was unanimously
approved by the committee.
A second motion was made by Jim Wilson and seconded by Tom Offutt to approve
the sharing of expenses for a maintenance mechanic with the school board. This motion was
unanimously approved.
Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., this
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. ShickIe - Aye
Charles W. Orndoff, Sr. - Aye
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Some discussion took place regarding the social services and health department offices in that
the board directed county maintenance staff to be responsible in the cleaning of these offices and that
a contractual relationship with these departments be developed. Mr. Riley stated the current rate for
social services was $1.80 per square foot for leasing ofspace and the staffis planning to request from
the General Assembly Appropriations Committee an increase in the amount to $10 per square foot.
Because this matter was not made part of the Public Works Committee recommendation, Mr. Riley
was instructed to work out the details.
Supervisor Shickle inquired whether or not these positions would include the old facilities as
well as the new and was informed that it did.
4. Board Room Table - Aooroved
A proposal has been submitted by Winchester Woodworking Corporation to provide
the board room table and pews in the new office building. The County Administrator presented this
proposal to the committee in conjunction with a visual review ofthe various panel sections included
with the cost proposal. After reviewing the various alternatives, the committee unanimously
approved the value engineered architects version with an associated cost of$IIS,OOO (Attachment
number three). The committee recommended that the total cost for the supervisors table, associated
paneling, staff table and wall, podium and pews not exceed the $115,000 estimate.
Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., this
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. - Aye
The following items were presented for the board's information only:
1. Gvosv MothlRecvcliDl! Coordinator
The director of public works presented a plan to share the current gypsy moth
coordinator position to perform the duties of the county recycling coordinator. The county does not
have a recycling coordinator. The duties are currently shared by several personnel which has not
proven to be the most effective approach to achieving our recycling goals.
The gypsy moth program is currently undergoing budget cuts at the Federal level. The
Public Works proposal would in effect supplement these budget cuts with funds derived from
recycling revenue. This proposal would not require budget increases or a new position.
The committee reviewed this proposal and decided to table the issue until such time
that a detailed job description and corresponding budget could be presented to the committee.Í
2. Use of Sun>eillance Cameras at the Comoactor Sites
The director of public works presented the idea of using surveillance cameras at the
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052
various compactor sites to discourage illegal dumping. After much discussion, the committee
unanimously decided not to pursue the idea because of the problems related to implementation.
3. Road Sism Vandalism
The public works director presented a brief overview of the road sign vandalism in
Frederick County. Basically, Frederick County is replacing approximately ten percent of the road
signs on a yearly basis. To date, we have not discovered a sure fire method of discouraging
vandalism. The Sheriffs Department has increased surveillance in an attempt to curb the vandalism.
4. Miscellaneous Reports
a. Animal Shelter Report - Dogs (see Attachment 4);
b. Animal Shelter Report - Cats (see Attachment 5); and
c. Tonnage Report (see Attachment 6).
PERSONNEL COMMlllEE -APPROVED UNDER CONSENT AGENDA
Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the following
Personnel Committee Report was approved under the consent agenda:
The Personnel Committee met on Wednesday, July 31, 1996, at 8:30 a.m. in the County
Administration Building, Third Floor Conference Area. Present at the meeting were Margaret B.
Douglas, Chairman; W. Harrington Smith, Jr.; Robert S. Gordanier; John R. Riley, Jr.; and Ann K.
Kelican. Toni Wallace and Mike Foster were absent.
The committee submits the following report and recommendations for your consideration:
The committee submitted the following items for board action:
1. Recommendations for Appointment to Grievance Panel List
The committee reviewed the attached information and recommends the appointment
of Mr. George Romine, Mr. Hal Lehman, and Mr. Alex Thompson to the county's Grievance Panel
list (see Attachment A).
2. Reauest to Amend Personnel Policies - Grievance Procedure
The committee reviewed the attached request for amendment to the county's
grievance procedure to permit participation by the employees of the Social Services Department. The
committee recommends approval of this request (see Attachment B).
3. Reauests to FiB Vacant Positions and New Positions Aooroved in the FY 96-97
Bud2et
The committee recommends approval of the following departmental requests to fill
positions as set forth below (see Attachment C):
A. C-F-W Jail
(1) General Maintenance and Grounds Keeper - new budgeted position -
locally funded.
(2) Inmate Records Clerk - current vacant position - Comp Board funded
with county supplement.
(3) Receptionist/Clerk Typist 11- current vacant position -locally funded.
B. Division of Court Services
"
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(I)
(2)
Case Manager - new position - funded by grant from Department of
Criminal Justice Services.
Clerk Typist I - new budgeted position - locally funded.
C. Extension Service
(I) Extension Technician - current vacant position -locally funded.
D. Public Works Department (No Attachments)
(I) Secretary - Shawnee-Land - new budgeted position - funded by
Sanitary District.
(2) Motor Equipment Operator - Shawnee-Land - new budgeted position
- funded by Sanitary District.
The following items were submitted for the board's information only:
1. Consolidation of School Board and County Maintenance Staff
The county administrator advised that the Public Works Committee approved the
concept of consolidation of the county and school board maintenance staffs wherein a maintenance
position would be assigned to maintain the county's mechanical facilities (funded one-half by the
school board and one-half by the county), and an additional position and one-half (funded by the
county) would be assigned to the county facilities for custodial services. He advised that the
consolidation process is being approached through memorandums of understanding and the one
dealing with maintenance will be used as a model for consolidation of other services. The Personnel
Committee endorsed this concept.
2. Receptionist Position for New County Office Buildin2
The county administrator advised that he wants to fill the receptionist position in the
new county office building with two part-time positions, utilizing funds from the vacant clerk typist
position in the Personnel Department budget. These positions would not be entitled to fringe
benefits.
3. Emplovee of the Month Selection
The committee selected Graphic Design Technical Clayton J. Grant as the Employee
ofthe Month for August 1996. This award will be presented at the beginning of the 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
JOINT FINANCE COMMfITEE - APPROVED UNDER CONSENT AGENDA
Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the following
Joint Finance Committee Report was approved under the consent agenda:
The Joint Finance Committee met on Friday, July 26, 1996, 7:30 A.M., City Council
Chambers, Rouss City Hall, Winchester, Virginia. Present were: Board of Supervisors Chairman
James L. Longerbeam; Board of Supervisors Member W. Harrington Smith, Jr.; County
054
Administrator John R Riley, Jr.; President of City Council Harry Smith; City Council Member Jerry
Partlow; City Manager Edwin Daley and City Finance and Data Processing Director Bill Ewing. The
committee submits the following:
1. Kernstown Battlefield Preservation Committee
Mr. Larry Duncan, president of the Kemstown Battlefield Preservation Committee,
appeared before the committee requesting that the Kernstown Battlefield Preservation Committee
be the recipient of the Grim property and assets upon final completion of the sale of said property.
Mr. Duncan further indicated that it is the desire of the Kernstown Battlefield Preservation
Committee to own and operate said facility as a public non-profit operation.
2. Law Librarv
Mr. Bob Jones, member of the local BAR, and Sherrie Douglas, secretary for the
circuit courts, appeared before the committee. Mr. Jones advised the committee that the majority of
the revenue received comes from $100.00 assessment of BAR members and the fees collected by the
two circuit court clerks. Most of the proceeds are expended on the annual supplements to the various
law books. It was agreed that the city (fiscal agent) would send a quarterly reminder notice to the
county to remit said fees.
3. Central Communication
Mr. Robert Sager, chairman of the Central Communications Committee, appeared
before the Joint Finance Committee seeking criteria and clarification of the communications
committee's role. The Joint Finance Committee advised the Central Communications Committee that
their mission was to update the communication automated dispatch (CAD) in the public safety
building, finalize the direction of E-911 (either implement E-911 or stay with the C&P CALLS
system), evaluate and recommend a consolidated communications system, refine and provide a final
Emergency Communications Services Agreement for action by the Board of Supervisors and City
Council, and to evaluate the feasibility of co-location of a communications center somewhere other
than the current public safety building. Further discussion concerning timing of funding and
implementation of the above referenced projects ensued with the recommendation being to resolve
CAD and E-911 immediately.
The above motion was approved by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
END OF COMMITTEE REPORTS.
BOARD OF SUPERVISORS COMMENTS
Chairman Lon&:erbeam: Chairman Longerbeam requested an update on the progress of the
county administration building. Mr. Riley reported that the Commissioner of the Revenue and
Treasurer's offices were scheduled to move around September 6 and the departments of Social
Services and Health Department later in the month. He also stated that the board room should be
finished in time for the first board meeting in October. It was the consensus of the board to hold the
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building's dedication ceremony at the first board meeting held in the new board room facility.
SUDervisor Slu!er: Supervisor Sager expressed his concern regarding the requests for sewer
extensions especially in the Route 522 area. He wanted to reiterate that he was not against serving
churches, he felt homeowners experiencing failing septic systems outside the service area should not
be excluded from the same consideration.
SUDervisor Shickle: Supervisor Shickle wanted to express publicly the Frederick Winchester
Service Authority's plans regarding expansion of their plant. He explained that members of the
Service Authority had expressed to him speculations they have heard with regard to what the county
and board wanted and did not want. He advised the authority members to contact the board members
directly to receive their input on this matter and hoped that the board would give their full attention
and cooperation when approached.
SUDervisor Smith: Supervisor Smith stated he had just attended the V ACo Board of
Director's meeting held in Charlottesville and will be providing a short report to all the board
members ofthe discussions that took place.
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 Virginia Code, 1950, as amended, Section 2.1-344,
Subsection A (1) to discuss personnel matters.
The above motion was passed by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
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 passed by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
056
Charles W. Orndoff, Sr. - Aye
BOARD RECONVENED INTO REGULAR SESSION
Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sf., the
board reconvened into regular session and certified that nothing was discussed other than what was
noted as reason for going into executive session and 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
FIRE AND RESCUE DIRECTOR TOM OWENS' EV ALUA TION - CERTIFIED
Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., Mr.
Owens evaluation was certified and a cost of living increase applied and is in keeping with the other
department directors.
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
COUNTY ADMINISTRATOR JOHN R. RILEY. JR.'S EVALUATION - CERTIFIED
Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, Mr. Riley's
evaluation was certified and a cost of living increase allowance applied.
The above motion was approved by the following recorded vote:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Aye
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
UPON MOTION MADE BY W. HARRINGTON SMITH, JR., SECONDED BY
CHARLES W. ORNDOFF, SR., AND PASSED UNANIMOUSLY, THE BOARD OF
SUPERVISORS ADJOURNED AS THERE WAS NO FURTHER BUSINESS TO DISCUSS.
057
o-~~
/
es L. Longer
Chairman, Board of Supervisors
../
~ R. Riley, Jr.
Clerk, Board of Supervisors