March 13, 1996 Regular Meeting
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A Regular Meeting of the Frederick County Board of Supervisors was held on March 13,
1996, at 7:15 p.m., in the Board of Supervisors' Meeting Room, Frederick County Courthouse,
Loudoun Street Mall, Winchester, Virginia.
PRESENT: James L. Longerbeam, Chairman; Richard C. Shiclde; Robert M. Sager;
Margaret B. Douglas; and Charles W. Orndoff, Sr.
ABSENT: W. Harrington Smith, Jr. - due to illness.
INVOCATION
The invocation was delivered by Reverend Ewart Wyle, Jr., of the First Christian Church.
ADOPTION OF AGENDA
Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the agenda
was adopted as presented and approved by the following recorded votes:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Absent
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shiclde - Aye
Charles W. Orndoff, Sr. - Aye
CONSENT AGENDA
County Administrator John Riley suggested the following items be approved under the
consent agenda:
1. Memorandum Re: Schedule Public Hearing Date for Planning Commission Items
(Frederick Mall Land Trust) - Tab D (Note: This item was withdrawn by the applicant
on March 12, 1996);
2. Correspondence and Resolution Re: Revenue Bond Financing for Winchester Wildlife
L.L.C - Tab F;
3. Subdivision Waiver Request - Robert and Sandra Cleaver - Tab L; and
4. Parks and Recreation Commission Report - Tab N.
Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the consent
agenda was approved by the following recorded votes:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Absent
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shiclde - Aye
Charles W. Orndoff, Sr. - Aye
CITIZEN COMMENTS
Wendy Nadolnv - Opequon District: Ms. Nadolny appeared before the board on behalf of
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the Frederick County Schools Council. She asked the board to reconsider funding the entire 2.1
mi11ion do1lars originally requested from the school board for the Fiscal Year 1996-1997 budget.
She stated that with the proposed five cents real estate tax increase, along with the $600,000
windfall from June collections and the $1.8 mi11ion additional state funds the schools are scheduled
to receive earmarked for teacher salaries, sufficient funds should be available to fund the school's
budget funding request. She asked where the remainder of the revenues were budgeted since the
schools were only receiving $900,000 of the revenue. She felt that if the previous board had not
dipped into fund balance at the rate of2-3 million dollars a year, more funds would be available
for the schools.
Wally Kuchyt - Gainesboro District: Mr. Kuchyt appeared before the board to express
his concerns regarding the board's funding allocation for the school board's budget for Fiscal Year
1996-1997. He reported that in 1993 generated revenues were $3.4 million over budget, 1994-
$3.5 million over, and 1995 - $4.8 million over and 1996 generated revenues are estimated at
$2.75 million less in collection than 1995. Based on the historical trend of generated revenues,
he did not understand why the board could not fund the $1.2 mi11ion requested by the school board
for the Fiscal Year 1996-1997 budget and asked the board to reconsider this request.
Marcia Vau2hn. Youth Appreciation Chair: Ms. Vaughn appeared before the board
to request the board's approval to designate Saturday, April 13, 1996, as Youth Appreciation Day
in Frederick County. She also invited board members to attend a buffet breakfast on this date at
8:30 a.m., at the Shenandoah University Cafeteria, and participate in the Outstanding Youth
Appreciation awards ceremony. A committee of the Optimist Club of Winchester will select four
outstanding young people from a field of 20 seniors nominated by the public and private schools.
Chairman Longerbeam advised Ms. Vaughn that the board would take the appropriate
action on this matter.
EMPLOYEE OF THE MONTH AWARD PRESENTED TO GARY A. KEEHR.
DISPATCHER OF THE FREDERICK COUNTY SHERIFF'S DEPARTMENT
Supervisor Shickle presented this award to Mr. Keehr. Mr. Keehr stated he has been a
dispatcher for the county for 12 years, loves his job, and expressed his appreciation to the board
for this recognition.
MINUTES OF FEBRUARY 13. 1996 - APPROVED AS AMENDED
Supervisor Orndoff requested amendments to page 8 and 9 for the minutes for February
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13, 1996.
On page 8, first sentence, third paragraph, under the section titled
"SupplementalAppropriation for Emergency Snow Removal Costs Approved" the sentence should
read as follows:
"....an expenditure to Perry Engineering of $3.802 $3,200 that he would like to..."
And on page 9, the first line should read as follows:
"county was charged $3.802 $3,200. He feels this ..."
Upon motion made by Charles W. Orndoff: Sr., seconded by Richard C. Shickle, the minutes
of the regular meeting of February 13, 1996, were approved as amended by the following recorded
votes:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Absent
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff: Sr. - Aye
COMMITfEE APPOINTMENTS
SUPERVISOR ROBERT M. SAGER APPOINTED TO CENTRAL DISPA TCH/E-911
OVERSITE COMMITTEE
ROBERT BOSSICK APPOINTED TO THE TRANSPORTATION COMMITTEE
FROM GAINESBORO DISTRICT
Upon motion made by Richard C. Shickle, seconded by Charles W. Orndoff, Sf., Mr. Robert
Bossick was appointed to serve on the Transportation Committee as the Gainesboro District
representative. This is a four year appointment. This term is from March 13, 1996 to March 13,
2000.
The above motion was approved by the following recorded votes:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Absent
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
ESTEN O. RUDOLPH. m. REAPPOINTED TO THE SANITATION AUTHORITY
FROM STONEWALL DISTRICT
Upon motion made by Charles W. Orndoff, Sr., seconded by Richard C. Shickle, Esten O.
Rudolph, ill, was reappointed to the Sanitation Authority from Stonewall District. This is a four year
appointment. This term is from April 15, 1996, to April 15, 2000.
The above motion was approved by the following recorded votes:
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James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Absent
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
PLANNING DEPARTMENT'S REOUEST FOR A PUBLIC HEARING DATE RE:
FREDERICK MALL LAND TRUST REZONING APPLICATION #001-96 -
APPROVED UNDER CONSENT AGENDA
REOUEST FROM THE SHENANDOAH VALLEY PRIVATE INDUSTRY
COUNCIL (PIC) TO APPROVE THE 1996-1997 SUMMARY OF PLANNED
OPERATIONS-APPROVED
Shenandoah Valley Private Industry Council (SVPIC) Fiscal Officer Loretta Snow
appeared before the board to present for questions and approval their 1996-1997 Summary of
Planned Operations for the area served by the SVPIC under the Job Training Partnership Act.
During March-April of each year, the PIC must obtain consent approval of its annual plan from
at least eleven of the sixteen political jurisdictions in the service delivery area. Ms. Snow reported
to the board that the Job Shop program will be discontinued due to the lack of funding and the
Tri-County OIC will reduce the number of people served due to cuts in funding. She did state,
however, that it was her understanding the House and Senate had recently approved some funding
for these programs but has not been able to confirm this.
Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff: the Shenandoah
Valley Private Industry Council 1996-1996 Summary of Planned Operations (on file in the county
administrator' s office) was approved by the following recorded votes:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Absent
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
RESOLUTION (#025-96) TO APPROVE THE COUNTY OF FREDERICK'S
INDUSTRIAL DEVELOPMENT AUTHORITY'S ISSUANCE OF AUTHORITY
REVENUE BONDS IN THE AMOUNT NOT TO EXCEED $10.000.000 FOR THE
WINCHESTER WILDLIFE L.L.C. - APPROVED UNDER CONSENT AGENDA
WHEREAS,the Industrial Development Authority of the County of Frederick, Virginia
("Authority"), has considered the application of Winchester Wildlife L.L.C. ("Borrower")
requesting the issuance of the Authority's revenue bonds in an amount not to exceed $10,000,000
("Bonds") to assist in the financing of the Borrower's (1) acquisition, renovation and equipping
of an approximately 156,000 square foot building currently owned by the National Wildlife
Federation ("NWF") and located at 301 Tysons Drive, Stonewall Industrial Park, in the County
of Frederick, Virginia, and (b) construction and equipping of an approximately 86,000 square foot
addition thereto, all to be leased to NWF and used for the manufacturing of printed products and
related activities, and has held a public hearing on February 29, 1996;
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WHEREAS,section 147(t) of the Internal Revenue Code of 1986, as amended (the "Code"),
provides that the governmental unit having jurisdiction over the issuer of private activity bonds
andover the area in which any facility financed with the proceeds of private activity bonds is located
must approve the issuance of the bonds;
WHEREAS, the Authority issues its bonds on behalf of the County of Frederick, Virginia
("County"); the Project is located in the County and the Board of Supervisors of the County of
Frederick, Virginia ("Board) constitutes the highest elected governmental unit of the County;
WHEREAS, the Authority has recommended that the Board approve the issuance of the
bonds; and
WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds,
subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact
Statement have been filed with the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
THE COUNTY OF FREDERICK, VIRGINIA:
1. The Board approves the issuance of the Bonds by the Authority for the benefit of the
Borrower, as required by Section 147(t) of the Code and Section 15.1-1378.1 of the Code of Virginia
of 1950, as amended ("Virginia Code") to permit the Authority to assist in the financing of the
Project.
2. The approval of the issuance of the Bonds does not constitute an endorsement to a
prospective purchaser of the Bonds of the creditworthiness of the Project or the Borrower.
3. Pursuant to the limitations contained in Temporary Income Tax Regulations Section
5f.103-2(t)(1), this resolution shall remain in effect for a period of one year from the date of its
adoption.
4. This resolution shall take effect immediately upon its adoption.
RESOLUTION (#026-96) OF THE BOARD OF SUPERVISORS OF THE COUNTY
OF FREDERICK. VIRGINIA. DECLARING ITS INTENTION TO REIMBURSE
ITSELF FROM THE PROCEEDS OF ONE OR MORE TAX-EXEMPT
FINANCINGS FOR CERTAIN EXPENDITURES MADE AND/OR TO BE MADE IN
CONNECTION WITH THE ACOUISITION. CONSTRUCTION AND EOUIPPING
OF CERTAIN CAPITAL IMPROVEMENTS FOR SCHOOL PROJECTS -
APPROVED
Mr. Riley presented this item and stated that in order to take advantage of the three percent
literary fund money, the county is looking at interim financing available through the IDA to fund the
Stonewall and Senseny Road projects until literary funding is available in approximately 12 to 18
months. When all resolutions are approved and the county is ready to place this issue, all financing
avenues (banks, bonds) will be explored and the option most advantageous to the county will be
considered.
Upon motion made by Richard C. Shickle, seconded by Robert M. Sager, the following
resolution was approved:
WHEREAS, the County of Frederick, Virginia (the "Issuer") is a political subdivision
organized and existing under the laws of the Commonwealth of Virginia; and
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WHEREAS, the Board of Supervisors of the Issuer (the "Board") expects to pay, after
the date hereof, certain expenditures (the "Expenditures") in connection with the acquisition,
construction and/or equipping of capital improvements for school projects, including the
construction and equipping of a new Stonewall Elementary School and the renovation,
improvement and expansion ofSenseny Road Elementary School (the "Project"); and
WHEREAS, the Board has determined that any moneys previously advanced no more
than 60 days prior to the date hereof and those moneys to be advanced on and after the date
hereof to pay the Expenditures are available only for a temporary period and it is necessary to
reimburse the Issuer for the Expenditures from the proceeds of one or more issues of tax-exempt
bonds (the "Bonds");
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF FREDERICK, VIRGINIA, AS FOLLOWS:
Section 1. The Board hereby declares its intent to reimburse itself with the proceeds of
the Bonds for the Expenditures with respect to the Project made on and after that date which is
no more than 60 days prior to the date hereof. The Board reasonably expects on the date hereof
that it will reimburse the Expenditures with the proceeds of the Bonds.
Section 2. Each Expenditure will be either (a) of a type properly chargeable to capital
account under general federal income tax principles (determined in each case as of the date of the
Expenditure), (b) a cost ofissuance with respect to the Bonds, ( c) a nonrecurring item that is not
customarily payable from current revenues, or (d) a grant to a party that is not related to or an
agent of the Issuer so long as such grant does not impose any obligation or condition (directly or
indirectly) to repay any amount to or for the benefit of the Issuer.
Section 3. The maximum principal amount of the Bonds expected to be issued for the
Project is $10,500,000.
Section 4. The Issuer will make a reimbursement allocation, which is a written allocation
by the Issuer that evidences the Issuer's use of proceeds of the Bonds to reimburse an
Expenditure, no later than 18 months after the later of the date on which the Expenditure is paid
or the Project is placed in service or abandoned, but in no event more than three years after the
date on which the Expenditure is paid. The Issuer recognizes that exceptions are available for
certain "preliminary expenditures," costs of issuance, certain de minimis amounts, expenditures
by "small issuers" (based on the year of issuance and not the year of expenditure) and expenditures
for construction projects of at least 5 years.
Section 5. This resolution shall take effect immediately upon its passage.
The above motion was approved by the following recorded votes:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Absent
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
RESOLUTION TO APPROVE A FREDERICK COUNTY SCHOOL BOARD
APPLICATION ADDRESSED TO THE STATE BOARD OF EDUCATION OF
VIRGINIA FOR THE PURPOSE OF BORROWING FROM THE LITERARY
FUND $3.000.000 FOR A NEW SCHOOL BUILDING (OR FOR ADDING TO OR
IMPROVING THE PRESENT SCHOOL BUILDING)AT 1481 SENSENY ROAD
(SENSENY ROAD ELEMENTARY SCHOOL) - APPROVED
Upon motion made by Robert M. Sager, seconded by Richard C. Shickle, the following
resolution was approved:
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At a meeting of the Board of Supervisors for the County of Frederick held in the said County
on the 13th day of March, 1996:
WHEREA8,the School Board for the County of Frederick on the 13th day of March 1996,
presented to this Board an application addressed to the State Board of Education of Virginia for the
purpose of borrowing from the Literary Fund $3,000,000 for the new school building (or for adding
to or improving the present school building) at 1481 Senseny Road, to be paid in 20 annual
installments, and the interest thereon at 3 per cent paid annually.
RESOLVED,that the application of the County to the State Board of Education of Virginia
for a loan of$3,000,000 from the Literary Fund is hereby approved, and authority is hereby granted
the said County to borrow the said amount for the purpose set out in said application.
The Board of Supervisors for said County will each year during the life of this loan, at the
time they fix the regular levies, fix a rate oflevy for schools or make a cash appropriation sufficient
for operation expenses and to pay this loan in annual installments and the interest thereon, as required
by law regulating loans from the Literary Fund.
The above motion was approved by the following recorded votes:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Absent
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
RESOLUTION TO APPROVE A FREDERICK COUNTY SCHOOL BOARD
APPLICATION ADDRESSED TO THE STATE BOARD OF EDUCATION OF
VIRGINIA FOR THE PURPOSE OF BORROWING FROM THE LITERARY FUND
$5.000.000 FOR A NEW SCHOOL BUILDING (OR FOR ADDING TO OR
IMPROVING THE PRESENT SCHOOL BUILDING) AT 3165 MARTINSBURG
PIKE (STONEWALL SCHOOL) - APPROVED
Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, the following
resolution was approved:
At a meeting of the Board of Supervisors for the County of Frederick, held in the said County
on the 13th day of March, 1996:
WHEREAS,the School Board for the County of Frederick, on the 13th day of March, 1996,
presented to this Board an application addressed to the State Board of Education of Virginia for the
purpose of borrowing from the Literary Fund $5,000,000 for the new school building (or for adding
to or improving the present school building) at 3165 Martinsburg Pike, to be paid in 20 annual
installments, and the interest thereon at 3 per cent paid annually.
RESOLVED,that the application of the County to the State Board of Education of Virginia
for a loan of$5,000,000 from the Literary Fund is hereby approved, and authority is hereby granted
the said County to borrow the said amount for the purpose set out in said application.
The Board of Supervisors for said County will each year during the life of this loan, at the
time they fix the regular levies, fix a rate oflevy for schools or make a cash appropriation sufficient
for operation expenses and to pay this loan in annual installments and the interest thereon, as required
by law regulating loans from the Literary Fund.
The above motion was approved by the following recorded votes:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Absent
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Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
PLANNING COMMISSION BUSINESS:
PUBLIC HEARING ITEMS:
PUBLIC HEARING - REVIEW OF THE COUNTY'S PAST PERFORMANCE IN
USING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS AND
SOLICIT PUBLIC INPUT ON LOCAL COMMUNITY DEVELOPMENT AND
HOUSING NEEDS FOR THE PURPOSE OF PREPARING AN APPLICATION
FOR FUTURE CDBG FUNDING FROM THE VIRGINIA DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT - APPLICATION AND
RESOLUTION APPROVED AS AMENDED
Deputy Planning Director Kris Tierney presented this request from the Rose Memorial
Foundation, with the assistance of the consulting firm K. W. Poore and Associates out of
Richmond, to help with the preparation of a Community Development Block Grant Application.
He stated that the county's involvement was necessary because funding is only allocated to the
governing locality and, if awarded, the county will be the fiscal agent and administrator of the
grant program. The CDBG application is for $700,000 in funding to construct a home and day
care facility to serve mentally handicapped adults. The total projected cost of the project is
$1,141,893 with $297,250 funded from a Virginia Housing Partnership grant, and $125,000
funded from the Rose Memorial Foundation. The Northwestern Community Services Board will
coordinate referrals to this facility and the Rose Memorial Foundation will be responsible for the
operations. To assist in the increase of the competitiveness of the grant application (one out of
three awarded), the county was requested to approve $3,500 towards the project cost, waive
building permit fees estimated at $2,750, and to lend assistance in acquiring a waiver from the
Sanitation Authority of the tap fees estimated at $13,393.
Mr. Riley addressed the board regarding the request to waive the building permit fees and
stated the county had not done this in the past. It was the consensus of the board not to set a
precedence on this issue and suggested the dollar amount in waiver fees be added to the cash
contribution instead. Mr. Riley also stated he had spoken with the Frederick County Sanitation
Authority EngineerlDirector Wellington Jones regarding the request to waive tap fees and was
told the authority has never approved such a request. The board would have to approve this item
subject to the Sanitation Authority's approval as they are the approving authority.
Ms. Peggy Morrison, with K. W. Poore and Associates, appeared before the board to
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explain further the criteria of the application. The issue to waive tap fees is addressed in the grant
application because the more benefits available to low and moderate income persons, the higher
chances are for approval. She further explained that they were well aware approval to waive tap fees
rested solely with the Sanitation Authority and were requesting only the board's assistance in seeking
approval from the authority on this matter. Should the Sanitation Authority not approve the waiver
of tap fees, Ms. Morrison reported other sources offunding will be available possibly from the private
sector. She also advised that the county's cash contribution was not necessarily determined at a fixed
percentage but cash contributions from local governments increased the scoring rate when
determining approval of the applications.
Chairman Longerbeam opened the floor at this time for public comments and no one appeared
before the board.
Upon motion made by Richard M. Sager, seconded by Richard C. Shickle, the grant
application as well as the following resolution were approved as amended to include the change in
cash contribution from $3,500 to $6,250, which reflects the difference of the dollar amount in not
approving the waiving of building permit fees, and the board's approval of waiving tap fees subject
to the approval of the Frederick County Sanitation Authority:
RESOLUTION AUTHORIZING THE PREPARATION AND FILING OF AN
APPLICATION FOR COMMUNIlY IMPROVEMENT GRANT FUNDS THROUGH
THE SMALL CITIES COMMUNIlY DEVELOPMENT BLOCK GRANT PROGRAM
OF THE COMMONWEALTH OF VIRGINIA
WHEREAS, the County of Frederick has participated in the Small Cities Community
Development Block Grant (CDBG) Program as administered by the Virginia Department of Housing
and Community Development in the undertaking of a planning study for the development of the
"Center of Community Living," a licensed adult care residence with an adult day care program serving
mentally disabled persons; and,
WHEREAS, the County of Frederick is eligible for and wishes to submit a 1996 Community
Improvement Grant (CIG) application for a total of$700,000 to the Virginia Department of Housing
and Community Development by March 29, 1996 for funding consideration during the 1996 CDBG
funding round; and,
WHEREAS, the County has completed a needs assessment as part of said planning study,
documenting demand and support for an adult care residence and adult day care facility; and,
WHEREAS, the Northwestern Community Services Board has committed to assist in the
development of the "Center for Community Living" which will benefit 30 residential clients and 80
adult day care clients over a three year period of which 100 percent of the total 100 beneficiaries will
be low- and moderate-income persons under the protected group of mentally disabled; and,
WHEREAS, Robert E. Rose Memorial Foundation, Inc. has indicated a desire to develop
and operate the licensed adult care residence with an adult day care program; and has:
1. Secured an option on an existing site, for development of said center; and,
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2. Applied for a conditional use permit; and,
3. Prepared prelirninary plans and specifications with cost estimates for the design of
the "Center for Community Living;" and,
4. Applied for $297,250 in Congregate Housing funds from the Virginia Housing
Partnership to complete the acquisition of the existing optioned property and
moderate rehabilitation of the structure; and,
5. Committed the rehabilitated property to the project along with an additional
$125,000 in capital funds to be used for facility development costs and equipment;
and,
WHEREAS, the Northwestern Community Services Board shall serve as the County's
subrecipient in overseeing the physical development of the "Center for Community Living" and
has further committed to refer clients to the facility and expand their existing contractual
relationship with Robert E. Rose Memorial Foundation, Inc., thereby providing a free-for-service
payment for the daily operation of the Center for Community Living; and,
WHEREAS, the County of Frederick is committing $6,250 in local funds toward facility
development and the County understands the CDBG requirement to waive all utility connection
fees for the facility serving LMI persons; and therefore will seek the cooperation of the Frederick
County Public Sanitation Authority in waiving the estimated $13,393 in tap fees; and,
WHEREAS, the said "Center of Community Living" will address the County's priority
community development and housing need; and,
WHEREAS, numerous agencies charged with serving the needs of mentally disabled
persons in the Lord Fairfax Planning District and families of individuals in need of residential
placement and day care programs have requested the County to proceed with great haste in
providing much needed housing and adult day care and in securing funds to develop the proposed
facility.
WHEREAS, the County of Frederick properly advertised and conducted public hearings
on February 26, 1996 and March 13, 1996 which addresses the CDBG program and the proposed
CDBG project application, thereby meeting citizen participation requirements; and,
NOW, THEREFORE BE IT RESOLVED, by the Frederick County, Virginia, Board
of Supervisors that; the county administrator, the county's chief administrative official, is hereby
authorized to execute and file all appropriate documents for Frederick County's 1996 Virginia
Community Development Block Grant application totaling $700,000 in grant funds for a total
project cost of$I,141,893 and to provide such additional information as may be required by the
department.
The above motion was approved by the following recorded votes:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Absent
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
PUBLIC HEARING - PROPOSED 1996-1997 CAPITAL IMPROVEMENTS PLAN
- APPROVED
Planning and Development Department Planner Eric Lawrence presented the Capital
Improvements Plan (CIP) as recommended by the Comprehensive Plans and Programs Committee
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at their meeting on December 11, 1995, and by the Planning Commission at their meeting on February
7, 1996. The committee reported that maintenance projects were inappropriate for inclusion in the
county's CIP and asked, in response to the numerous maintenance projects submitted, the Board of
Supervisors to make a policy statement that only capital projects be included in the CIP. The
committee felt that maintenance projects should be funded and planned by the individual
departments. Included in this plan are the Cost and Project Summary drafts for the 1996-1997 CIP
and the 1996-1997 Capital Improvements Plan and is on file in the county administrator's office.
Staff noted that this plan is a working document and is helpful when dealing with cash proffers and
rezoning issues. Request for funding of the individual projects will have to be brought back to the
board to determine iffunding is available and approval to proceed with the project. Approval ofthe
CIP does not also approve funding for the projects.
Supervisor Shickle asked which items would follow under the maintenance project definition
and the following items were presented by Mr. Lawrence:
County's Priority Item # 16: James Wood Middle School Roof Replacement;
County's Priority Item # 22: Playground Renovations at Clearbrook Park;
County's Priority Item # 29: Baseball Field Renovations; and
County's Priority Item #30: Aylor, Hoover Chiller Replacement.
Chairman Longerbeam opened the floor at this time for public comments on this public
hearing item and the following citizens appeared before the board:
Katie Wisecarver - Shawnee District: Ms. Wisecarver inquired about the funding for the
airport project and asked if the dollar amount included the development of a fire station or if the
amount solely represented physical development. Ms. Wisecarver was advised that funds were not
included in the CIP for a fire station but will be included in some other guidelines in the near future.
Mal'2aret DiPietro - Shawnee District: Ms. DiPietro addressed her concern with the Phase
I and Phase II renovations needed at Senseny Road Elementary School to eliminate the need for
additional trailers at the school due to the growth in the surrounding area. She requested that both
phases be funded and asked if they would be funded for this year.
Frederick County School Superintendent Tom Malcolm appeared before the board to address
this concern and advised that bids for this project will be received on March 14 and submitted to the
School Board at their meeting on March 18 for review and action as to how the project will be
funded. He also requested the board to reverse the county's priority for the Senseny Road and
Stonewall Elementary school projects. Mr. Malcolm was directed by the board to work with
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Planning and Development Director Bob Watkins on this matter and bring it back to the board if
needed.
Upon motion made by Robert M. Sager, seconded by Margaret B. Douglas, the CIP for
1996-1997 (on file in the county administrator' s office) was approved as submitted by the
following recorded votes:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Absent
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
PUBLIC HEARING - AN ORDINANCE TO AMEND THE FREDERICK
COUNTY CODE. CHAPTER 165. ZONING: ARTICLE IV. SUPPLEMENTARY
USE REGULATIONS: SECTION 165-37D. ZONING DISTRICT BUFFERS. THE
PROPOSED AMENDMENT WILL REDUCE THE REOUIRED BUFFER
DISTANCE BETWEEN PROPERTIES ZONED INDUSTRIAL AND
PROPERTIES WITH OTHER ZONING CLASSIFICATIONS BASED ON
SPECIFIC PERFORMANCE DESIGN STANDARDS - APPROVED
Planning and Development Planner Evan Wyatt presented this ordinance amendment to
the board. The purpose of this amendment is to reduce the amount of required buffer distance in
conjunction with specific performance design standards. The performance design standards
restrict all primary or accessory uses within the buffer zone and require a full screen containing
a continuous earth berm with plantings of a greater height. The Planning Commission approved
this amendment at their meeting on March 6, 1996.
Chairman Longerbeam opened the floor at this time for public comments on this public
hearing item and there was no public input.
Upon motion made by Charles W. Orndoff, Sr., seconded by Margaret B. Douglas, the
following ordinance amendment was approved:
WHEREAS, an ordinance to amend Chapter 165, Zoning, of the Frederick County Code,
Article IV, Supplementary Use Regulations, Section 165-37D Zoning District Buffers, was
referred to the Planning Commission on March 6, 1996; and
WHEREAS, the Planning Commission held a public hearing on this ordinance adoption
on March 6, 1996; and
WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption
on March 13, 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
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Supervisors that Chapter 165 of the Frederick County Code, Zoning, Article IV, Supplementary Use
Regulations, Section 165-370, Zoning District Buffers, is amended as described on the following
attachment:
165-370 Zoning District Buffers
(7) Land proposed to be developed in the M-l, Light Industrial District, and the M-2, Industrial
General District may be permitted to have a reduced buffer distance that is consistent with the
required side or rear building setback line provided that the following requirements are met:
A. The property to be developed with a reduced buffer distance is part of an approved
master planned industrial park.
B. There are no primary or accessory uses within the reduced buffer distance area,
including driveways, access drives, outdoor storage areas, parking areas, staging
areas, loading areas and outdoor dumpster areas. All-weather surface fire lanes
necessary to meet the requirements of Chapter 90, Fire Prevention of the Code of
Frederick County. Virginia shall be exempt from this performance standard.
C. A full screen is required to be created within the reduced buffer distance area which
shall be comprised of a continuous earth berm that is six feet higher in elevation than
the highest elevation within the reduced buffer distance area and a double row of
evergreen trees that are a minimum of six feet in height and planted a maximum of
eight feet from center to center.
This ordinance shall be in effect upon its passage.
The above motion was approved by the following recorded votes:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Absent
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
End of Public Hearinl! Items
MASTER DEVELOPMENT PLAN #002-96 - PRESTON PLACE APARTMENTS.
PHASE TWO. IN THE SHAWNEE MAGISTERIAL DISTRICT - TABLED
Mr. Wyatt presented this master development plan for the area located on the north side of
Airport Road (Route 645), approximately 300 feet east of Front Royal Pike (Route 522). The
Planning Commission recommended approval provided that all staff comments, review agency
comments and Planning Commission comments were adequately addressed. The major concern of
this request was the proposed garden apartment use. When the plan was originally proposed, Phase
II was approved for the development of townhouses but now the applicant is requesting a housing
type change to garden apartments. This change, however, is consistent with previous development
patterns as stated by the Planning Commission during informal discussions and as noted in the
Planning Commission Summary and Actions of February 21, 1996.
Katie Wisecarver - Shawnee District: Mrs. Wisecarver appeared before the board and
528
expressed her opposition to this application. She requested the board table this item until the
Shawnee District Supervisor Harrington Smith could be present to address the issues and concerns
she had discussed with him. These concerns included the increased service costs to the county,
negative impacts to adjoining property owners, security concerns as a result of the type of
residents in this area, and the fencing approved by the board and required prior to construction.
It was her understanding Supervisor Smith was going to meet with the sheriff to address the
security concerns and felt the board should have this information prior to a vote on this request.
Because of the tremendous amount of police calls, she did not want to see garden apartments built
in this section as this type of housing will only increase the need for fire and security services that
are not currently met.
Deputy GiI Barrington from the Frederick County Sheriff's Department appeared before
the board and advised that in the last 14 months, 459 calls were made to this area alone. The calls
ranged from barking dogs to malicious wounding.
Dennis Kiser. Civil Enl!:ineer with BD&E (firm workinl! with the desil!:n of the
develooment): Mr. Kiser appeared before the board and advised that a perimeter completely
sealed fence is planned for the Phase II portion of this project. The existing fence is a solid fence
with a 25-50 foot gap in one section and a 100 foot gap in another section which would be
completed during the Phase II construction along with the landscaping as required by the county.
If Phase II is not completed, he stated he was sure the builder would finish the fence.
After hearing public comments on this matter, it was the consensus of the board that the
director of planning contact the resident manager and owner of this development and request they
be present when this item is brought back to the board. At that time they should be prepared to
present a plan that would reduce the number of police calls to this area. Supervisor Smith wiII also
be present to represent his constituents on this matter.
Upon motion made by Margaret B. Douglas, seconded by Charles W. Orndoff, Sr., this
item was tabled and the motion was approved by the following recorded votes:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Absent
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
SUBDMSION WAIVER REOUEST FOR ROBERT W. CLEAVER AND
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SANDRA M. CLEAVER SITUATED ON HOPEWELL ROAD IN FREDERICK
COUNTY. VIRGINIA - APPROVED UNDER CONSENT AGENDA
1996 PRIMARY ROAD IMPROVEMENT PLAN FOR FREDERICK COUNTY -
APPROVED
Mr. Wyatt presented this item which required adoption by the board to prioritize primary road
improvements within Frederick County. This plan will be presented at the annual preallocation
hearing for the Stauton District which allows localities to inform the Virginia Department of
Transportation officials of the various needs for primary road improvements. Once the
Commonwealth Transportation Board (CTB) considers this information, funds are allocated to each
district to complete preliminary engineering, right-of-way acquisition, and construction of approved
projects. The Transportation Committee and Planning Commission recommended unanimous
approval of the priorities and endorsed the need to continue the funding necessary to improve the
Route 37/Martinsburg Pike area and to initiate funding necessary to improve safety at the North
Frederick Pike (Route 522)/Bloomery Pike intersection area. The final version of this plan will be
presented to the CTB on April 4, 1996, at the Preallocation Hearing in Augusta County.
The board questioned the Route 37 Eastern By-Pass Alternative C and ifit was necessary to
list this item since it has been approved. The planning staff advised the board that this item definitely
needed to be listed until fully funded. It was also noted that this plan is not similar to the Secondary
Road Improvement Plan in that priority one (Route 37) does not have to be completed first before
priority two (Route 277) can begin. Staffwill also publish an article in the near future to advise
county residents on the Route 37 project and what to expect next.
Additional concerns addressed by the board are listed as follows:
o The Route 522/James Wood High School Entrance (Route 739) - this improvement
would be addressed under the Secondary Road Improvement Plan;
o Route 37 Project - North End Improvements from Route 7 to the Stonewall Industrial
Park Area - The CTB has approved the overall completion of the loop and has
directed an environmental impact study be complete for Alternative C before
construction can begin. The current recommended funds represent construction from
the Kernstown section to south of Route 7 and when this section of Route 37 is
addressed it was noted by the planning department that this section will probably start
from scratch and it will be a long time before construction actually takes place in this
area and possibly never.
Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the following
1996 Primary Road Improvement Plan was approved:
1996 PRIMARY ROAD IMPROVEMENT PLAN
1) Route 37 Eastern By-pass Alternative C
30
From:
To:
Route 37 North at Stephenson
Route 37 South at Kernstown
Plan, engineer, acquire necessary right-of-way, and construct a by-pass to provide future
additionallirnited access arterial capacity east of Winchester. This is needed to accommodate
planned land use and economic development in Eastern Frederick County. This will include long
term solutions to interchange areas at 1-81 /II North/37/661 and 1-81/Il South/37/642.
2) Route 277 (East of Stephens City)
From:
To:
1-81/277/647 Intersection (South of Winchester)
Route 3401522 South Intersection (East of Double Toll Gate)
Improve the existing two lane road facility by widening and straightening immediately. Conduct
detailed studies to determine future needs for four lane improvements and improvements to the
1-81/Il South/277/647 intersection area.
3) Route 11 (North and South of Winchester)
A. Valley Pike (Route 11 South)
From:
To:
Middle Road
37 Interchange
Widen and improve to five lanes.
B. Martinsburg Pike (Route 11 North)
From:
To:
Winchester City Limits
37 Intersection
Widen and improve as necessary.
4) 1-81 (East of Winchester)
From:
To:
Whitehall Interchange
Middletown Interchange
A VOOT study is being conducted to determine the need for improvements on Interstate 81. This
includes the need for six lanes and interchange improvements. These improvements will occur
throughout Frederick County if necessary.
5) Commuter Park and Ride Lots
Conduct studies and utilize existing information from the Lord Fairfax Planning District
Commission to determine the location of needed facilities.
The above motion was approved by the following recorded votes:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Absent
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sf. - Aye
End of Planninl! Items
COMMITTEE REPORTS
531
PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER
CONSENT AGENDA
The Parks and Recreation Commission met on February 20, 1996. Members present were:
Charles Sandy, Timothy Hockman, Cheryl Swartz, Robert Roper, Steven Spitzer, Robert Hartman,
- and Margaret Douglas.
The following items were submitted for the board's information only:
Athletic Field Develooment at James Wood Hi2h School
Mr. Spitzer moved to endorse the building of two athletic fields on the James Wood Campus,
seconded by Mr. Hartman. Motion carried 3-2 (Roper, Hockman opposed).
Water Line at Clearbrook Park
Mr. Hartman moved that replacement of the water line at Clearbrook Park be resubmitted to
the Finance Committee for inclusion in the department's FY 1996-1997 budget request, seconded
by Mr. Hockman, carried unanimously (3-0).
Election of Officen
The commission unanimously elected Robert E. Roper, chairman, and Charles R. Sandy, vice
chairman.
Soccer Field Use Policv.
Mr. Roper moved to adopt the Soccer Field Use Policy, seconded by Mr. Hockman, carried
unanimously (3-0).
Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., this item was
approved under the Consent Agenda by the following recorded votes:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Absent
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
PERSONNEL COMMITTEE REPORT
The Personnel Committee met on Wednesday, March 6, 1996, at 8:30 a.m. in the County
Administration Building, third floor conference area. Present at the meeting were Margaret B.
Douglas, chairman; Robert S. Gordanier; Toni M. Wallace; John R. Riley, Jr.; and Ann K. Kelican.
W. Harrington Smith, Jr. and Michael Foster were absent.
The committee submits the following report and recommendations for your consideration:
Reouests to Fill Vacant Positions
The committee reviewed requests from the parks and recreation department to fill the vacant
public relations director position and the personnel department to fill a vacant clerk typist position
(see Attachments A and B). The committee approved filling both positions.
Upon motion made by Robert M. Sager, seconded by Richard C. Shickle, the request to fill
the vacant parks and recreation public relations director position was approved by the following
532
recorded votes:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Absent
Margaret B. Douglas - Aye
Robert M. Sager - Aye
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
Supervisor Sager noted that this position helps generate revenue for the county and he had
no problem approving this request.
A motion was made by Richard C. Shickle, seconded by Charles W. Orndoff, Sr., to delay
the request to fill the personnel department's vacant clerk typist position until offices are moved
into the new building.
Supervisor Sager stated that he had offered a compromise proposal to this to hire a part-
time employee in this position until construction was completed. He felt that by not filling this
position it would create a burden to this office.
Mr. Riley explained that he had discussed this position with Personnel Director Ann
Kelican and she had indicated there is a significant amount of activity in that department,
particularly during this time of year. He asked the board to consider Supervisor Sager's proposal
for a temporary funding basis until such time as access to the new building could be studied. He
felt this might help the department get through at least this part of the year.
Supervisor Shickle stated he preferred to leave the motion as made.
Supervisor Omdotfasked if this position could not change once the offices are moved into
the new building.
Mr. Riley stated that if a part-time position is hired now the board could reclassifY/recreate
or do whatever they preferred once the new building is completed.
Chairman Longerbeam stated that ifthere was a project and a time limit then temporary
help could be hired for that project. The problem he had with this position is that it was created
as the receptionist for the county office building and was placed in the personnel department
because of its location. As a result, it has now become an essential position for the personnel
department and did not feel the need is any worse today than it was four or five years ago. He
further stated that the personnel department had grown accustomed to this position essentially that
is the bureaucratic process, that is what bureaucracy is all about, and that is how they came about
it. He further stated that it's not hard to justify people, it's the simplest thing in the world--Iook
5331
at the federal government; therefore, he supported Supervisor Shickle's motion.
Supervisor Shickle stated he had read the material presented to the board and tried to absorb
the information. He felt that some of the tasks had to be questioned specifically the time sheets
completed by full time employees. The government in particular has to examine the way they do
business. If the task consumes a lot of time, then it needs to be looked at. He further stated he would
like the Personnel Committee to study this task and make a recommendation back to the board.
Supervisor Sager referred to the previous study conducted and the number of staff
recommended for the personnel department. He felt it was easier to absorb some work over a large
department but more difficult in smaller departments.
Supervisor Shickle stated, in his opinion, the board would be well advised at least on the first
budget attempt to figure out how to do with less people and alter task rather than hire more people
to do more task and felt this was the path the county was taking as stated by the chairman. If this
position is not filled, he felt task could be altered, eliminated, or adjusted. Not only for the personnel
department, but all of the county offices. He further stated that he had read with interest the parks
and recreation department's decision to voluntarily reduce their staffby two positions and felt this
was very noteworthy.
Supervisor Sager referred back to the management study.
Supervisor Orndoff stated that the management study was never approved.
Mr. Riley stated the management study was approved in part.
Chairman Longerbeam noted that he was the one that drove the train to get the management
study conducted. He had been involved in many management studies (the Army) and they got
something accomplished and things were done differently. He felt that halfway through the study,
the county was not going to get anything out ofit simply because their staff did not want to make any
enemies, plus they did not know any other way. Essentially, when they set down and talked he felt
they ended up on the plus side. The board's purpose was to see what could be done differently in
order that staff might be reduced and it never happened. He asked three or four times that they go
back and look at some issues and the only thing he got was more pages of paper but with the same
conclusion. He felt it was his fault for he was the one that brought the issue to the board, it was the
worse mistake he made in his four and half to five years on this board. He also felt it was the biggest
waste of money in that the study did not have one original thought.
Supervisor Douglas explained that she had a hard time with this request. If personnel works
534
through the next few months and by the time the new building is open they would definitely know
whether or not someone would have to be hired in this position as it will be entirely different at
that time.
Supervisor Longerbeam suggested to Mr. Riley that if someone needed to be hired for a
specific job on a month to month basis, the request and justification should be presented to the
Personnel Committee for consideration.
The motion as presented by Supervisor Shickle was approved by the following recorded
votes:
James L. Longerbeam - Aye
W. Harrington Smith, Jr. - Absent
Margaret B. Douglas - Aye
Robert M. Sager - Nay
Richard C. Shickle - Aye
Charles W. Orndoff, Sr. - Aye
Emolovee of the Month
The committee reviewed the nominations for Employee of the Month and selected
Dispatcher Gary Keehr as the Employee of the Month for March 1996.
BOARD OF SUPERVISORS COMMENTS
Robert M. Sa\:er: He expressed his concern about the negative remarks and publicity
made against the board regarding sewer in the Round Hill area and that the board as a whole was
not supporting a quality community. He stated he is very concerned about the needs of people,
not only in the Round Hill area but all of Frederick County, who have failing septic systems and
can only be resolved by hooking up to the public sewer system. He further stated that he was very
disturbed about the negative dialogue and that he personally supports a quality community but he
wants it done equally.
Richard C. Shickle: He also expressed his concern regarding the inflammatory comments
made against the board on the same subject matter dealing with providing sewer to the Round Hill
area. He explained that he has been very active in this process and when asked his opinion he has
given it. Those opinions have somehow been construed as an official act of the board which
concerned him and he wasn't sure where the confusion was coming from.
James L. Lone:erbeam: He asked that the board resurrect the award presented to an
industry or business that has made a notariable contribution to the community. He also noted that
apparently this item had somehow fallen through the cracks and asked county staff to provide the
/
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535
necessary information to the board and to include this item on future board agendas.
UPON MOTION MADE BY CHARLES W. ORNDOFF, SR., SECONDED BY
ROBERT M. SAGER, AND PASSED UNANIMOUSLY, THE BOARD OF SUPERVISORS
ADJOURNED AS THERE WAS NO FURTHER BUSINESS TO DISCUSS.
tft'j ~)
.-; 1:::7., ~.
.-t-,~ ----- -----...----~
iames L. Longer earn
Chairman, Board of Supervisors