Loading...
June 12, 1996 Regular Meeting 604 A Regular Meeting of the Frederick County Board of Supervisors was held on June 12, 1996, at 7:15 p.m., in the Board of Supervisors' Meeting Room, Frederick County Courthouse, Loudoun Street Mall, Winchester, Virginia. PRESENT: Chairman James L. Longerbeam; W. Harrington Smith, Jr.; Richard C. Shickle; Robert M. Sager; Margaret B. Douglas; and Charles W. Orndoff, Sr. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by Reverend Douglas T. Ibach of the Presbyterian Parish of the Valleys. ADOPTION OF AGENDA County Administrator John Riley requested the following additions to the agenda: 1. Request from Frederick County School Board Re: Construction of Athletic Fields at James Wood Ridge Campus; 2. Resolution for Board to Authorize the Purchase of Seven Lots from the North Mountain Volunteer Fire Company; 3. Request from Fire and Rescue Department to Approve An Interim Fire-Rescue Mutual Aide Agreement Between Frederick County and City of Winchester; and 4. Executive Session to Discuss an Industrial Prospect. Mr. Sager requested time in order that the issue of the Vice-Chairman seat on the board of supervisors might be discussed. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., 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: I. Subdivision Application #003-96 - Wrights Run Limited Partnership - Tab N; 2. Memorandum Re: Completion ofWmchester Area Transportation Study - Tab 0; and 3. Transportation Committee Report - Tab Q. Upon motion made by W. Harrington Smith, Jr., seconded by C. William Orndoff, Sr., the consent agenda was approved as noted above by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye 605 Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye CITIZEN COMMENTS Mr. John Light, liaison member of the Battlefield Taskforce, appeared before the Board to request their assistance in helping to raise $1.1 million, the amount needed, in order to have the Grim Farm be made part of the historic battlefield foundation. He further explained that time is of the essence as the funds have to be raised by December, 1996. He further explained that he feels it is very important to have the local Chamber of Commerce, as well as the Frederick-Winchester Economic Development Commission, involved in this project. The last part of his request deals with the assistance of a staff person that would assist with copying and answering the phone. The Board directed Mr. Riley to set up a meeting with Mr. Light for further discussion of this request. Mr. Charles Alton, President Preservation of Historic Battlefields, appeared before the Board to enlighten the Board on what had been achieved to this point and the degree of involvement by the county as well as the City of Winchester. He explained to the Board that a kick-off get together was scheduled for June 16, at 2:00 P.M. at the Opequon Presbyterian Church. Mr. Donald W. Luttrell, Opequon District, appeared before the Board and made the following statement of which he requested that it be made part of the minutes of this meeting: There is no way to turn back the clock. The decades of colonial scenic beauty that graced the front of our old Court House is gone forever. As a taxpaying resident of Frederick County I am asking this board of supervisors to abort any oral agreements it may have with F&M Bank concerning the grounds in front ofthe Old Court House. I would further request that the county administration alone should design and finance the landscaping and future upkeep of this our last remaining original downtown property. Doesn't it appear that this continued process between F&M Bank and the county administration at least presents the appearance of favoritism at the taxpayers' expense? If there is to be any further dealing with F&M Bank such as a request for an easement involving county property the price should correct the disparity of the precious land swap. One million dollars would be a fair price. I ask that the minutes of this regular Frederick County board meeting reflect these citizen comments. FREDERICK COUNTY EMPLOYEE PRESTON D. GRUBBS. FIREFIGHTER FREDERICK COUNTY FIRE AND RESCUE DEPARTMENT. RECOGNIZED AS EMPLOYEE OF THE MONTH FOR JUNE. 1996 Supervisor Smith presented this award to Firefighter Grubbs. MINUTES OF SPECIAL MEETING - MAY 13. 1996 - APPROVED Upon motion made by Charles W. Orndoff, Sr., seconded by Richard C. Shickle, the 606 minutes of the special meeting of May 13, 1996, were approved as submitted by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye MINUTES OF REGULAR MEETING - MAY 22. 1996 - APPROVED Upon motion made by W. Harrington Smith, Jr., seconded by C. William Orndoff, Sr., the minutes of the regular meeting of May 22, 1996, were approved as submitted by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye JULY 5. 1996. DESIGNATED AS AN ADDITIONAL CLOSING DAY FOR COUNTY OFFICES - APPROVED Upon motion made by Robert M. Sager, seconded by Richard C. Shickle, July 5, 1996, was designated as an additional closing day for county offices. This date is also being observed by all state offices. 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 APPOINTMENTS TO SHAWNEE-LAND SANITARY DISTRICT ADVISORY COMMITTEE Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, the following citizens were appointed to the Shawnee-Land Sanitary District Advisory Committee for a three year term to commence on July 1, 1996, and end on June 30, 1999: Larry Dehaven with 301 votes received, Dennis White with 258 votes received, and Jeanne Buchmoyer with 244 votes received. 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 REQUEST FOR SUPPLEMENTAL APPROPRIATION BY COMMISSIONER OF THE REVENUE AND TREASURER FOR MISCELLANEOUS ITEMS FOR NEW COUNTY OFFICE BUILDING - APPROVED I 607 Mr. Smith asked if this is new money. Mr. Riley replied yes, as it is a one time capitol expenditure. Mr. Shickle asked if this should go to the public works committee for their review and recommendation before a vote is taken by the Board. Mrs. Ellen Murphy, Commissioner of the Revenue, appeared before the Board and explained why she was making this request. Mr. Orndoff, Treasurer, was not present. Mr. Longerbeam stated that he too felt this should go to the public works committee. Mr. Orndoff, explained that he felt as long as the low bid was accepted for the items as spelled out in this request that was all that was really necessary. The public works committee could review the bid information and know just how close the bids came to the figures presented in this request. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager the above request of the Treasurer in the amount of$8,765 was approved with the understanding that the bid information will be forwarded to the Public Works Committee for their review only. 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 Richard C. Shickle, seconded by W. Harrington Smith, Jr., the above request from the Commissioner of Revenue in the amount of $30,221.15 was approved with the understanding that the bid information will be forwarded to the Public Works Committee for their review only. 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 REOUEST FROM ELLEN MURPHY. COMMISSIONER OF THE REVENUE. FOR TRANSFER OF FUNDS IN THE AMOUNT OF $11.401.77 TO BE USED IN PURCHASE OF EQUIPMENT - APPROVED Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., the request of the Commissioner of Revenue to transfer $11,401.77, as noted above, was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye 608 Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye REOUEST FROM FREDERICK COUNTY SCHOOL BOARD FOR CONSTRUCTION OF ATHLETIC FIELDS AT JAMES WOOD RIDGE CAMPUS - CONCEPT APPROVED Mr. Tom Malcolm, superintendent of schools, appeared before the Board at which time he presented information concerning the above request. He explained that the figures as presented are just preliminary at this point. He did say that these fields would also be used by the county parks and recreation department along with the little league when not in use by the schools. He further explained the following cost figures: Baseball field - Scheme B - $660,000 Softball field - Scheme A - 200,000 Multipurpose field - 426.000 $1,003,000 - Total Mr. Malcolm explained that there would be a savings of $94,000 if the baseball and multipurpose field were constructed at the same time. Mr. Longerbeam stated that he had attended a property and grounds meeting during the past week at the school board office and at that time he asked Mr. Malcolm to be present at this meeting in order that he might explain this plan to the entire Board. Mr. Malcolm explained the various avenues that were available for financing this project. Mr. Longerbeam stated that it appeared to him at this point that the Board could fund approximately 20 percent of this project. Mr. Malcolm stated that there are currently 980 little league members involved in summer sports. He further explained that this is a project that needs to be started right away as the Bridgeforth field located in the City of Winchester will only be available a little while longer. In addition to this the school board is very anxious to have this completed in order that it would be available for next Spring. Mr. Sager asked if the county owned all the property in question. Mr. Malcolm replied yes. Mr. Smith asked if a football practice field was within the current plans for this property. Mr. Malcolm replied yes. Mr. Shickle stated that he feels these facilities are long over due. He does have a concern about the parking lot and would very much like to see the multipurpose field located next to the parking lot as he feels this would be more practical. Mr. Smith stated that he does not feel that James Wood Ridge was treated fairly from the 609 very beginning and he has no problem with the county fronting the necessary funds for this project. Upon motion made by Robert M. Sager, seconded by Richard C. Shickle, the proposal, as presented by Mr. Malcolm was approved with funding arrangements to be brought back to the Board - within thirty days. 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 Mr. Orndoff stated that his only concern was the debt service that is currently in place for the Stonewall and Red Bud Schools and then if this expenditure is to be added that is a sizeable amount. Mr. Longerbeam asked that this cost come in at $1 million, if at all possible. RESOLUTION #038-96 FOR BOARD TO AUTHORIZE THE PURCHASE OF SEVEN PARCELS (NINE LOTS) OF REALTY FROM THE NORTH MOUNTAIN VOLUNTEER FIRE COMPANY - APPROVED Upon motion duly made by Margaret B. Douglas, seconded by W. Harrington Smith, Jr., and upon the votes as hereinafter recorded, it is hereby RESOLVED that the Board of Supervisors, sitting as the governing body of the Shawnee-Land Sanitary District of Frederick County, authorizes the purchase by and in the name of such sanitary district of those seven (7) certain parcels of realty as set forth in the proposed deed therefor from the North Mountain Volunteer Fire Company, and as a consideration thereof to accept such realty in payment of the accumulated sanitary district fees or assessments, together with penalty and interest thereon, if any, assessed against the aforesaid specific seven (7) certain parcels of realty; and authorizes James R. Larrick, Jr., Esquire, a qualified attorney- at-law, to approve the title thereto and the form of such deed of conveyance on behalf of such sanitary district; and further, authorizes the sanitary district manager to execute such deed accepting such conveyance on behalf of the Shawnee-Land Sanitary District of Frederick County. The above resolution was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye REOUEST FROM FIRE AND RESCUE DEPARTMENT TO APPROVE AN INTERIM FIRE-RESCUE MUTUAL AIDE AGREEMENT BETWEEN FREDERICK COUNTY AND CITY OF WINCHESTER - APPROVED AS AMENDED Mr. Riley presented this agreement to the Board noting that the City of Winchester is scheduled to act on it at their meeting in July. On May 22, 1996, the board supported staffs recommendation to amend the 1984 Mutual Aide Agreement with the city to include the exchange of Emergency Medical Services (EMS). This action was recommended as an interim measure to provide both jurisdictions time to analyze the future of our emergency services with an eye toward the possible consolidation of our services. The following agreement was provided to the board and amended to include the exchange of EMS 610 and staff recommended amendment of the agreement to change the termination clause from 10 to 30 days written notice. Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shickle, the following agreement was approved as amended: This Agreement, made and entered into this 12th day of June, 1996, by and between the City of Winchester, Virginia, and Frederick County, Virginia. Witnesseth: WHEREAS, each of the parties hereto maintains equipment and personnel for the suppression of fires with its own jurisdiction and areas, and WHEREAS,the parties hereto desire to augment the fire and rescue service available in their various jurisdictions in the event oflarge fires, conflagrations, and other emergencies. WHEREAS~t is the policy of the City of Winchester and Frederick County and of their governing bodies to conclude such agreements wherever practicable, and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to this agreement to render assistance to one another in accordance with these terms, and WHEREAS,this Agreement extends to all parties and agencies within the Fire and Rescue services of each jurisdiction and supersedes all other such agreements between individual agencies or the jurisdictions; THEREFORE BE IT AGREED THAT: 1. Whenever it is deemed advisable by the senior office of a fire and rescue department belonging to a party to this agreement, or by the senior officer of any such department actually present at any incident to request assistance under the terms of this agreement, he is authorized to do so, and the senior officer on duty of the department receiving the request shall forthwith take the following action: a. Immediately determine if apparatus and personnel can be spared in response to the call. b. What apparatus and personnel might most effectively be dispatched. c. The exact mission to be assigned in accordance with the detailed plans and procedures of operation drawn in accordance with this agreement by the technical heads of the fire/rescue departments involved. d. Forthwith dispatch such apparatus and personnel as, in the judgement of the senior officer receiving the call, shall be sent, with complete instructions as to the mission, in accordance with the terms of this agreement. 2. The rendering of assistance under the terms of this agreement shall not be mandatory, but the party receiving the request for assistance shall immediately inform the requesting service if, for any reason, assistance cannot be rendered. 3a. Each party to this agreement waives all claims against the other party or parties for compensation for any loss, damage, personal injury, or death occurring in consequence of the performances of this agreement. 3b. All services performed under this agreement shall be rendered without reimbursement of either party or parties. The only exception to this would be in the utilization of specialized equipment, apparatus, and/or suppression chemicals. Examples of this could be but are not limited to foam, hazardous materials response unit, etc. Normal equipment and functions would be as previously stated. 4. The technical head of the fire and rescue department of the requesting service shall assume full charge of the operations, unless he specifically requests a senior officer of a department furnishing assistance to assume command, he shall not, by relinquishing command, be relieved of his responsibility for the operation; provided that the apparatus, personnel, and equipment of the department rendering assistance shall be under the immediate supervision of and shall be the immediate responsibility of the senior officer of 611 the department rendering assistance. 5. The chief officers and personnel of the fire and rescue departments of both parties to this agreement are invited and encouraged, on a reciprocal basis, to frequently visit each others activities for guided familiarization tours and, as feasible, to jointly conduct pre-fire planning inspections and drills. 6. The technical heads of the fire and rescue departments of the parties to this agreement are authorized and directed to meet and draft any detailed plans and procedures of operation necessary to effectively implement this agreement. Such plans and procedures of operation shall become effective upon ratification by the governing body of each jurisdiction. 7. This agreement sha1I become effective upon the date hereof and shall remain in full force and effect until canceled by mutual agreement of the parties hereto or by written notice by one party to the other party, given thirty (30) days notice of said cancellation. IN WITNESS WHEREOF, the parties hereto have executed this agreement at the day and year first above written. BOARD MEMBER. ROBERT SAGER. ASKED FOR STATUS OF VICE CHAIRMAN SEAT ON BOARD OF SUPERVISORS Mr. Sager asked for the current status of the vice chairman seat on the board of supervisors and if Mr. Riley would ask for an opinion from the Attorney General's Office concerning this seat. Mr. Ambrogi, county attorney, explained that the Attorney General will not render an opinion as this is an internal matter. PUBLIC HEARING ITEMS PUBLIC HEARING - ORDINANCE TO ESTABLISH THE PROCEDURE TO FIX THE SALARIES OF THE MEMBERS AND CHAIRMAN OF THE BOARD OF SUPERVISORS ANNUALLY. PURSUANT TO THE PROVISIONS OF SECTION 14.1-46.01:1. CODE OF VIRGINIA - APPROVED BE IT ORDAINED, that on a date as determined by the Board, but not earlier than May 1 nor later than June 30 of each year, the Board, after holding a public hearing thereon, shall establish by ordinance the salary of its members for the ensuing fiscal year, not to exceed the maximums as set forth in Section 14.1-46.01:1, of the Code of Virginia. There was no public comment. Upon motion made by Richard C. Shickle, and seconded by Robert M. Sager, the above was approved by the Board of Supervisors of the County of Frederick, Virginia, at a regular meeting and public hearing held on June 12, 1996, by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Nay Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye PUBLIC HEARING - ORDINANCE TO FIX THE ANNUAL SALARY FOR THE CHAIRMAN OF THE BOARD OF SUPERVISORS AT 58.000.00 AND THE ANNUAL SALARY FOR EACH OTHER MEMBER OF THE BOARD OF SUPERVISORS AT 57.000.00 - APPROVED BE IT ORDAINED, the annual salary for each member of the Board for the fiscal year beginning July 1, 1996, shall be $7,000.00; and an additional sum of$I,OOO.OO shall be paid to the Chairman of the Board for the fiscal year beginning July 1, 1996. There was no public comment. Upon motion made by Robert M. Sager, and seconded by Richard C. Shickle, the above 612 was approved by the Board of Supervisors of the County of Frederick, Virginia, at a regular meeting and public hearing held on June 12, 1996, by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Nay Margaret B. Douglas - Nay Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye Mr. Longerbeam stated that given the amount of hours that board members spend at meetings, along with meeting with constituents, as well as time spent on the phone, he felt this was a justified expenditure. The $4000.00 per year he receives as well as the $3500.00 the other board members receives does not begin to off set the expense and time involved in being a board member. He further explained that to his knowledge no board member ever decided to be a board member for the money, however at some point one needs to at least try and break even. PLANNING COMMISSION BUSINESS PUBLIC HEARING ITEMS: PUBLIC HEARING - REZONING APPLICATION #002-96 OF DR. RAYMOND L. FISH TO REZONE FOUR ACRES FROM B2 (BUSINESS GENERAL) DISTRICT TO B3 ONDUSTRIAL TRANSITION) DISTRICT AND 7.3 ACRES FROM RA (RURAL AREAS) DISTRICT TO B3 (INDUSTRIAL TRANSmON) DISTRICT FOR AN ANIMAL HOSPITAL AND A BEVERAGE WAREHOUSE. THIS PROPERTY IS LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF INTERSTATE 81 AND ROUTE 672 IN CLEARBROOK AND IS IDENTIFIED WITH PINS 33-A-164. 33-A-164C. AND 33-A-165. IN THE STONEWALL MAGISTERIAL DISTRICT - APPROVED Mr. Tierney, interim planning director, presented this request to the Board noting that staff and planning commission recommended approval with conditions. No one appeared to address this rezoning application. Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., this rezoning application 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 - REWNING APPLICATION #003-96 OF RICHARD L. AND NANCY S. HEISEY TO REZONE 1.43 ACRES FROM RA (RURAL AREAS) DISTRICT TO B2 (BUSINESS GENERAL) DISTRICT FOR SELF STORAGE WAREHOUSE UNITS. THIS PROPERTY IS LOCATED TWO MILES WEST OF ROUTE 37. ON THE SOUTH SIDE OF NORTHWESTERN PIKE (ROUTE 50) AND APPROXIMATELY 200 FEET TO mE WEST OF POORHOUSE ROAD (ROUTE 654) AND IDENTIFIED WITH PINS ~2-A-148 AND ~2-A-149 IN mE BACK CREEK MAGISTERIAL DISTRICT - APPROVED Mr. Evan Wyatt, planner II, presented this request to the Board noting that staff and planning commission recommended approval with conditions. There was no pubic comment. 613 Upon motion made by Margaret B. Douglas, seconded by W. Harrington Smith, Jr., this rezoning application 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 - REZONING APPLICATION #006-95 OF WOODSIDE ESTATES. SECTION II. TO REWNE 36.4589 ACRES FROM RA (RURAL AREAS) TO RP (RESIDENTIAL PERFORMANCE) FOR SINGLE FAMILY DETACHED HOMES. THIS PROPERTY IS LOCATED ON THE WEST SIDE OF DOUBLE CHURCHES ROAD (ROUTE 641) AND SOUTH OF THE INTERSECTION WITH FAIRFAX PIKE (ROUTE 277) IN THE OPEOUON DISTRICT. AND IS IDENTIFIED AS PIN 86-A-02100 - APPROVED Mr. Kris Tierney presented this request to the Board noting that the applicant is requesting Residential Performance Zoning on roughly 37 acres and proposes to build 80 single family homes. Members will recall that at the February 13, 1996 meeting there were a number of transportation related concerns expressed by the Board. In response to these concerns the applicant has modified the proposed layout of the subdivision. The entrance onto Route 641 has been relocated to the north in order to achieve better sight distance. The proffer statement has been modified to include the relocation of Route 641, the construction oftum lanes at the entrance location, and the overall revision of the site layout. A new traffic study has been conducted to evaluate the impacts of the development on the Route 277 and 641 intersection. This study concludes that the development will not have a significant impact on the intersection. VDOT has reviewed the analysis and has stated their agreement with the findings. He further stated that given the modifications to the site design proffer, the proffered road improvements, and the results of the traffic analysis, staff feels that the concerns raised have been satisfactorily addressed. Mr. Sager asked if there was a slide available in order that the residents, present at this meeting, that live in this immediate area might see what was being planned. Mr. Billy 1. Tisinger, local attorney and partner of Jeni Company, appeared before the Board at this time to explain what had changed with the original plans and request. He stated that these lots would be 10 to 12 thousand square feet with homes being built costing from $150,000 to $155,000. He further stated that when Woodside I was constructed the county required sidewalks to be put in and Jeni Company was not real happy with this directive, however they have worked out very well and they would never build another subdivision without putting in sidewalks. He further explained that the developers have worked very closely with VDOT and in doing so they have given the developers permission to relocate a portion of Route 641 and the hill that has 614 been of concern will be taken away, and he feels with this major improvement everyone using Route 641would benefit. Mr. Longerbeam stated that he would not be participating in any of the discussion or vote on this request as he has in the past handled real estate matters for Jeni Company. Chuck Maddox of G.W. Clifford and Associates, appeared before the Board and presented slides indicating where this subdivision would be built as it relates to the Woodside I and how Route 641 will be altered. Mr. Sager stated that ifhe understands the present plan it shows the road will in fact go around the last hill located on 641 going south. Mr. Maddox replied that is correct. Mr. Sager stated there will also be a new light. Mr. Maddox replied that is correct. Mr. Sager stated that the same plan will be retained in front of Bubby Ritter's home. Mr. Maddox replied that is correct. Mr. Sager stated that he was his understanding that the vehicle count per day is 800. Mr. Maddox replied that is correct. Mr. Sager asked if any other land would be impacted other than what belongs to the developer. Mr. Maddox replied no. Mr. Tisinger explained that VDOT will approve the plan, however Jeni Company will have the work done in addition to paying for it. Mr. Shickle stated that it is his understanding that this is not the same plan he voted against at the planning commission meeting. Mr. Maddox replied that is correct. The following citizens appeared before the Board concerning this request: Loretta Wymer - lives across from this development. She presented a petition bearing 233 signatures that were opposing this request. She feels Route 641 is very dangerous with trying to get in and out of driveways as the visibility is terrible and this will only make it worse. She stated that she now has cracks in her basement walls that were not there before the construction of Woodside I, as well as water problems. Lawrence Fagg, Opequon District, stated that he had presented a petition opposing Woodside I and it did no good, he feels the board members need to listen to the people and he is opposed to this request. John Stesel, feels this is a real concern and that the Board needs to listen to the people that will be directly affected if this subdivision is approved. He also has concerns about the Ag 615 District that adjoins this property. Herbert Painter lives in house adjacent to this development and is opposed to this development. Does not feel this will help the already bad traffic situation on Route 277. Wayne White lives on Route 641 and is opposed to this rezoning. He referred to all the accidents that have occurred on this road as well as fences that have been destroyed as a result of these accidents. Sara Stese! resident of 640 asked that this not be approved. Mr. Tisinger appeared before the Board again at which time he showed a larger drawing to the citizens of what was planned for this subdivision. He also addressed the petition that had been presented to the Board noting that the petition had been circulated before this plan had been shown to the residents. He also addressed the County Comprehensive Plan and how it relates to urban development and the fact that it was adopted many years ago. At this time the Chairman declared the public hearing closed. Mr. Sager stated that he had given this request a great deal of thought and in doing so he knows ofall the development of this area and knows that the traffic situation is bad. He further stated that he had asked the developer to look at correcting or doing five things and the developer has done as request, therefore he would move for the approval of rezoning request #006-95 of Woodside Estates and proffers as noted as part of the application. Mr. Smith seconded the motion. The above motion was approved by the following recorded vote: James L. Longerbeam - Abstained W. Harrington Smith, Jr. -Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Nay Charles W. Orndoff, Sr. - Aye PUBLIC HEARING - AN AMENDMENT TO CHAPTER 165. ZONING. OF THE FREDERICK COUNTY CODE. ARTICLE IV. SUPPLEMENTARY USE REGULATIONS. SECTION 165-37. BUFFER AND SCREENING REOUIREMENTS. THE PROPOSED AMENDMENT WILL ESTABLISH STANDARDS FOR COMMON SHARED BUFFER AND SCREENING EASEMENTS BETWEEN ADJOINING PROPERTIES WITHIN VARIOUS ZONING DISTRICTS - APPROVED Mr. Wyatt presented this request to the Board noting that the planning commission had recommended approval. Upon motion made by W. Harrington Smith, Jr., seconded by Richard C. Shickle, the following code amendment was approved: AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 165, ZONING Whereas,an ordinance to amend Chapter 165, Zoning, ofthe Frederick County Code, Article IV, Supplementary Use Regulations, Section 165-37, Buffer and Screening Requirements, was referred to the Planning Commission on May 15, 1996; and Whereas, the Planning Commission held a public hearing on this ordinance adoption on 616 May 15, 1996; and Whereas, the Board of Supervisors held a public hearing on this ordinance adoption on June 12, 1996; and Whereas.,the Frederick County Board of Supervisors finds the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; NOW, THEREFORE BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, Article IV, SUp'plementary Use Regulations, Section 165-37, Setback Requirements, is amended as descnbed on the following attachment: (8) Zoning District Buffers Proposed developments required to provide buffers and screening as determined by Section 165-37D(I)(b) of this Chapter may be permitted to establish a common shared buffer and screening easement with the adjoining property. The common shared buffer and screening easement shall include all components of a full screen which shall be clearly indicated on a site design plan. A legal agreement signed by all appropriate property owners shall be provided to the Department of Planning and Development and shall be maintained with the approved site design plan. This agreement shall describe the location ofthe required buffer within each property, the number and type of the plantings to be provided, and a statement regarding the maintenance responsibility for this easement. The required buffer distance may be reduced by 50% for a common shared buffer easement if existing vegetation achieves the functions of a full screen. 165-370 This ordinance shall be in effect on the date of adoption. 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 - REVISIONS TO ROUND HILL LAND USE PLAN - APPROVED AS AMENDED Mr. Kris Tierney presented this plan to the Board and in doing so noted that in January of 1996 the Board expressed concern about certain aspects of the update pertaining to the Round Hill Land Use Plan. These concerns have been addressed by staff, reviewed by the Comprehensive Plans and Programs Committee, and the revised Round Hill Land Use Plan has once again been recommended to the Board by the Planning Commission. The issues of permitting an extension of central sewer and the potential growth that might result have been dealt with in a way which the fiscal interest of the County as a whole are protected. The Plan leaves the timing of any extension, beyond areas already eligible for sewer, clearly in the hands of the Board. It is also made clear that any future extension would have to be funded through private investment and would be contingent on a number of other factors. There are a number of important elements of the Land Use Plan that should be noted: 1. The appearance and transportation efficiency of the Route 50 corridor are to be protected. Needed intersections for feeder roads north of Route 50 are identified and methods for limiting the visual disruption are discussed. 2. Any extension of sewer beyond the current Sewer and Water Service Area 617 boundary (110 acres contained in Phase I of the Plan) would require Board action and would not be funded by the County. 3. Phase IT of the Plan (180 acres just to the west and south of Phase I) is earmarked solely for commercial development. Development of this Phase would require expansion of the Sewer and Water Service Area, the extension of a sewer line, and rezoning approval. 4. The extension of sewer to the center of the Community (phase Ill) would only take place following the development of zoning regulations specifically tailored to the community and would also require an extension of the Sewer and Water Service Area. New residential development would be limited to single-family infill. 5. A large portion of the community (400-500 acres) is to remain under the current Rural Areas (RA) zoning. Mr. Smith had a question about the area that is being shown as open space. Mr. Tierney replied that the area in green could be easily taken off and the nature of the plan would not change as the green was put on there to emphasize the wishes of those that put the plan together that the Route 50 corridor should try and be preserved in terms of appearance. Mr. Longerbeam stated that he did not feel that was what was really being said. He stated that this area should be looked at as an area that will remain attractive and present a nice entrance into the City ofWmchester from Frederick County. This is a long range plan and hopefully no one would be denied the use of their land. Mr. Shickle stated that he thought that was the question. Are we limiting as to what someone can do with their property or are we telling them how they can do it. Mr. Tierney stated that the vast of the land west of Route 37, with maybe a couple exceptions, is zoned RA so before anyone could do anything they will have to come before the county and request rezoning. Mr. Shickle stated that he needed to know if this plan is approved what does it do. Does it limit someone as to what they can do, or does it prescribe as to how they go about it. Mr. Tierney explained that it does not limit them as to what they can do. Mr. Tierney stated that perhaps the area in green should not have been referred to as open space, for it is kind of misleading as we know open space. Mr. Bob Johnson, 2054 Northwestern Pike, stated his property is across the street from Tortuga Restaurant. He does not feel he is being treated fairly by this plan with reference to the area in green or the open space. He further explained that he has been told by the planning department that no one wants to keep him from doing what he wants to do with his property, however that is not what the plan as presented to the Board at this meeting is saying. He asked the Board to move the area of open space back to Route 803 and not include the immediate area around the Route 37 interchange. Mr. Longerbeam asked Mr. Johnson if the previous discussion by the Board satisfied him. Mr. Johnson replied no not really as he has had discussions with some of the board 618 members, as well as planning staff, and he does not feel everyone is sure and on the same track as far as the meaning of "open space". He feels the county is regulating his property, and what the county's intent is and what is on paper is two different things. Mr. Tierney explained that this is addressed on page 4 of the plan. Mr. Donald Dunlap appeared before the Board stating that he is co-owner of the piece of property that is painted green on the map as displayed in front of the courtroom and presented by the planning staff. He requested that his property be shown in yellow rather than green and that the green should be moved back and run to Route 803. Mr. John Reed, co-owner of the above mentioned property explained they have held onto this property for a number of years thinking that sooner or later water and sewer would be made available in this area opening to them a possibility that there land could be sold for development ofa doctors office, etc., however with this plan they feel their possibilities of this happening are not very good. Dr. George Ludwig, resident of Shawneeland, and one who travels this route all the time, feels it is very important that this road remain an attractive entrance into the City. He feels maybe the hang-up is on the terminology. Mr. Shickle stated that he would propose that the open space designation be eliminated, but with no change in the text that requires special attention to this corridor. Mr. Smith stated he agrees, but he feels bikes and walking trails be eliminated as some property has already been taken from the residents and he doesn't feel they should lose anymore. Mr. Tierney explained that the bike path could be within the required setback, as the county is not asking for any additional land. Mr. Smith stated that this should be spelled out. Mr. Shickle restated his thoughts from above in the form of a motion and Mr. Smith seconded. 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 - 1996 UPDATE OF THE COMPREHENSIVE POLICY PLAN - APPROVED Mr. Longerbeam stated with the changes as noted above with the Round Hill Plan he asked for a motion to approve the Comprehensive Policy Plan as presented. Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the 1996 update of the Comprehensive Policy Plan as amended was approved by the following recorded 619 ote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sa~er - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye End o(Public Hearing Items OTHER PLANNING ITEMS: REVISED MASTER DEVEWPMENT PLAN - PRESTON PLACE (TABLED FROM BOARD OF SUPERVISORS MEETING OF APRIL 10. 1996.) - DENIED Mr. Evan Wyatt, planner II, presented this request to the Board noting that at the April 1 Oth ard meeting the Board directed the applicant to have the owner and property manager present to dress the concerns of the citizens and to present a plan that would reduce the amount of response alls that were being made to the Frederick County Sheriff's Department. At this time the Board abled the application for an unspecified period of time and directed staff to bring the application orward when a mitigation plan was submitted. He further stated that a plan has been provided by harles S. McCandlish, legal counsel to the owner, that includes a property and tenant management Ian, an account of the number and type of calls made to the Sheriff's Department, a resident selection lan, an airport authority notice, and an addendum to the current management policies. Mr. Charles McCandlish, local attorney, appeared before the Board to explain what the wners planned to do to help reduce the many calls to the Sheriff's Department. Mr. Smith stated that he reluctantly approved the request originally, but is not in favor of this eing changed to apartments and will vote against it. He further addressed the construction of some f the buildings noting that when he last visited the area he noticed some of the siding was missing d some was partially hanging. He state that he wouldn't let the contractor responsible for building hese townhouses build an outhouse for him, and he doesn't feel owners, Castle Development will ve to worry about reselling these units in fifteen years. Mr. McCandlish addressed the siding issue noting that this as been discussed extensively and tated that any siding used at this site in future will be as good of grade as anyone will see elsewhere n the county. Mr. Smith referred to a letter that was distributed to all tenants, and asked Ms. Zombro if this e from the owners, noting that he felt a great many ofthe tenants would not come forward as they ere concerned about retributions. He explained that one of the tenants had contacted him, and sked that her name remain anonymous, for obvious reasons, but she and her husband were very oncerned about the problems at Preston Place one being that they could smell marijuana smoke oming through the floor of their apartment from the unit below them. 620 Mr. Longerbeam compared townhouses to apartments and how much regulatory control the Board had. He further stated that at least the county has a point of contact. Mr. Smith stated that he disagrees, the county has the Sheriff's Department. He further explained that when you start stacking people in those shanties, and that is what they are, you are asking for trouble. He stated that in Lakeside there are townhouses and condos, but we don't have these type of problems. Mr. Smith stated as far as he was concerned it would be townhouses or nothing as he has been and continues to be very upset with this whole matter. Ms. Zombro, manager of Preston Place, appeared before the Board stating that management has been working to get certain matters corrected and they want this whole matter cleaned up as much as the Board does. Mr. Longerbeam asked if next year there are 220 calls to the Sheriff's Department then what is the Board to do. Mr. McCandlish replied stating that the bottom line is that we plan to act now to get this corrected. Mr. Shickle asked Mr. McCandlish how long has he been associated with Preston Place. Mr. McCandlish replied approximately one month. Mr. Smith moved for denial of this request and Mr. Shickle seconded the motion. The above motion was approved by the following recorded vote: James L. Longerbeam - Nay W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Nay Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye SUBDIVISION APPLICATION #003-96 - WRIGHTS RUN LIMITED PARTNERSHIP - APPROVED UNDER CONSENT AGENDA This property is located at the southwest quadrant of Route 642 (relocated) and U.S. Route 522 in the Shawnee Magisterial District. Planning Commission unanimously recommended approval of this request as presented. COMPLETION OF WINCHESTER AREA TRANSPORTATION STUDY - APPROVED UNDER CONSENT AGENDA Planning and Development presented to the board a draft letter which states the mutual desire of the County and City to compromise on new interchanges at Battaile Drive and Route 642 through the use of collector-distributor lanes. The letter attempts to point out both the local advantages and the improvements to traffic movement on the interstate that could be achieved via CD lane connections between existing interchanges and new access points at Battaile Drive and 621 Route 642. The letter also includes a diagram of the proposed arrangement. REOUEST TO APPROVE LETTER AND CONTRACTUAL AGREEMENT WIm VDOT FOR COMPLETION OF ROUTE 37 DESIGN - TABLED Mr. Tierney presented this information to the Board. Mr. Smith asked about financing and how would the county be refunded there original deposit on this project. Mr. Shickle stated that he does not feel the necessary safeguards are in place to protect the county. Mr. Smith stated that he feels representatives from the State need to attend a meeting and explain their side of this issue. Mr. Longerbeam stated that he too has some questions with regard to what is being described as a "hardship case". Following discussion it was the consensus of the Board that a noon worksession be scheduled and representatives from VDOT in Richmond be asked to attend in order that these, as well as other issues relating to this project, be addressed and answered. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the above request dealing with Route 37 design was tabled. 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 COMMITTEE REPORTS TRANSPORTATION COMMITTEE - APPROVED UNDER CONSENT AGENDA Speed Limit Reduction AtoUI! Vallev Pike (Route 11 South) The Frederick County Transportation Committee considered a request to reduce the speed limit along Valley Pike between the southern limits of Middletown and Belle Grove Road (Route 727). This request, made by citizens in the immediate area, was to reduce the speed limit from 55 mph to 35 mph. Dr. Leigh Neuman and Captain Gary Williams of the Frederick County Sheriffs Department addressed the committee to discuss the existing posted speed limit, pavement markings, and signage. Dr. Neuman advised the committee that motorists mistake the center turn lane for a passing lane and that existing signage does not advise motorists that they are traveling through an industrial area and a historical area. Captain Williams informed the committee that he had traveled the segment of road at 55, 45, and 35 mph, and felt that 45 mph was an appropriate speed limit based on sight distance and entrance spacing. Captain Williams also expressed concern with the pavement markings and signage. The Transportation Committee directed staff to provide a letter to the VDOT to request that a speed study be conducted for this 1.2 mile segment of Valley Pike. The committee also directed staff to work with the VDOT to determine the appropriate type of signage for this area, the strategic placement of the signage, and the location for pullovers and crosswalks at historic sites and historic road plaques. Status of FundiUl! For Improvements to Fairfax Pike (Route 277) Staffinformed the Transportation Committee that funding for improvements to Fairfax Pike (Route 277) was not included in the VDOT Six Year Plan - Fiscal Year 1996-1997. The committee was under the impression that funding would be made available to complete the preliminary 622 engineering for this project. Staff advised the committee that Frederick County would request a meeting with the VDOT Staunton District Administrator to discuss this matter and to determine all options. The Transportation Committee directed staff to advise the Board of Supervisors that they would provide a resolution of support for this project if desired. PERSONNEL COMMITTEE REPORT The Personnel Committee met on Tuesday, June 4, 1996 at 8:30 AM in the County Administration Building, Third Floor Conference Area. Present at the meeting were Margaret B. Douglas, Chairman, W. Harrington Smith, Robert S. Gordanier, Michael Foster, John R. Riley, and Ann Kelican. Toni Wallace was absent. The committee submits the following report and recommendations for your consideration: C-F-W REGIONAL JAIL SUPERINTENDENT A. Reouest to Establish Health Care Assistant Position - Approved The committee reviewed a request from the Regional Jail Superintendent to establish a new Health Care Assistant position classification which would be commensurate with the classification of an RN. This position will replace the currently vacant RN position and will not require additional funding. The committee recommends approval of this request (see Attachment A). Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye B. Reouest to Fill Vacant Clerk Tvpist Position - Approved The committee reviewed a request to fill a vacant Clerk Typist position under the Pre-Trial Services Grant. Inasmuch as the position is grant funded, no additional monies are needed. The committee recommends approval of this request (see Attachment B). Upon motion made by W. Harrington Smith, Jr. seconded by Margaret B. Douglas, the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye C. ReQuest to Fill Vacant Pre-Trial Services Coordinator Position - Approved The committee reviewed a request to fill the Pre-Trial Services Coordinator position previously held by Mr. Scott Anderson who was recently appointed Director of the Division of Court Services. This is a budgeted position and no additional funds are needed. The committee recommends approval of this request (see Attachment C). Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. SaE?er - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye 623 D. ReQuest to Fill Vacant LPN Position - Aooroved The committee reviewed a request to fill a vacant Licensed Practical Nurse position. This is also a budgeted position and will not require additional funding. The committee recommends - approval of this request (see Attachment D). Upon motion made by W. Harrington Smith, Jr., seconded by Margaret B. Douglas, the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye SHERIFFS DEPARTMENT A. Reauest to Fill New Deoutv Position - Aooroved Major Johnson appeared before the committee and requested approval to fill a new deputy position granted by the State Compensation Board in the FY 96-97 budget. County funds in the amount of$8,052 (Salary Supplement and Fringes) would be needed to fill this position. A new vehicle and equipment would also be required at a cost of$10,090 ($6,600 vehicle lease and $3,490 equipment). The Committee recommends approval of this request and a general fund supplemental appropriation in the amount $38,162, of which amount $20,020 will be funded by the Compensation Board and $18,142 will be local funds (see Attachment E). Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye B. Reouest for Promotions - Aooroved Major Johnson requested approval to fill the Captain position recently vacated by Gil Barrington. He stated that it is the Sheriff's desire to split the duties of this position into two Captain's positions; one for patrol and one for administrative services. The promotion into Captain Barrington's position will not require additional funding. Major Johnson requested a general fund supplemental appropriation in the amount of $14,758 ($11,352 Salary and $3406 Fringes) to the appropriate line item to fund the other promotion, stating that these funds should be recouped during the FY 96-97 budget. The committee recommends approval of this request (see Attachment F). Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the above request was approved, following some discussion, 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 C. Reauest to Fill COPS Grant Position - Aooroved The Sheriff's Department has been notified of the approval ofan additional deputy under the COPS grant for FY 96-97. The amount of this grant is $66,000 over a three year period or $22,000 per year. It is 75% federal funds with a 25% local match. Therefore $16,500 ($5,500 624 yr.) local funds would be needed to fill this position. A new vehicle and equipment would also be required at a cost of $10,090 ($6,600 vehicle lease and $3,490 equipment). The committee recommends approval of this request and a general fund supplemental appropriation in the amount of$32,090, of which amount $22,000 will be reimbursed from the COPS grant (see Attachment 2-A). Upon motion made by Robert M. Sager, seconded by Richard C. Shickle, the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye D. Reauest to Acceot Victim/Witness Coordinator Position - Aooroved Major Johnson advised the Committee that notification of approval of a grant for a Victim/Witness Coordinator position had been received and he was requesting approval to accept this grant. He further advised that this position would be shared jointly with the Commonwealth's Attorney's Office. Major Johnson stated that this is a 90/10 grant (90% federal funds and 10% local funds) and therefore would be of minimal cost to the County. The committee recommends approval of the request to accept this grant. Major Johnson will return to the committee at such time as the final paperwork and cost breakdown is received to request appropriation of the funds. Upon motion made by Robert M. Sager, seconded by Richard C. Shickle, the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye FIRE AND RESCUE DEPARTMENT A. Reauest to Reinstate Part-time Fundin2 - Aooroved The County Administrator requested the committee to consider reinstating the part- time line item funding in the amount of $31,500 which had been cut from the Fire & Rescue Department Budget. Mr. Riley stated that the loss of these funds will present a severe hardship on the Fire & Rescue Department in terms of maintaining adequate staff when full-time personnel are ill or on annual leave. The committee recommends approval of this request and forwards same to the Finance Committee for consideration. Mr. Sager asked why should this be reinstated. Mr. Riley explained that the funds are not needed at this time, however they will be in the future and the fact they were not approved in the budget for 1996-1997. Mr. Tom Owens, director, Fire and Rescue, appeared before the board and explained that when the original cut was made this line item was okay, however, when the departments were asked to make an additional 4% cut this is what really put the line item in the red. Starting July 1 there are no funds, which means if a firefighter calls in sick or is attending a certification class there will not be a firefighter at that location for the day. He further explained that should the funds not be made available he will ask the association at their meeting this coming Monday 625 evening to make the urban stations a number one priority with the rural stations being short handed. Mr. Shickle asked if the entire budget of Fire and Rescue remained the same or was there an increase or decrease. Mr. Owens replied it increased approximately $70,000 in total money. Mr. Shickle asked whose decision was it to eliminate this line item. Mr. Owens replied he did. He stated that personnel has increased however the funds were not increased for the necessary items such as uniforms etc. Mr. Longerbeam stated that he was not comfortable with not having two people on duty. Mr. Perry Silva, president of fire and rescue association, noted that neither was he. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the above request was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye Mr. Shickle stated this is not an accusation, but a concern. It is a well used ploy to drop something out of the budget that you can't do without, then it is brought before the body and stated you have to have it. He is not saying this is what was done in this situation and is asking Mr. Owens and Mr. Silva to put themselves in his position, as a board member, where something else was left in, this $31,000 was taken out, and now it has to be put back in because it is something that we have to do. The board will work with them, but in the future this needs to be looked at before it gets to this point. B. Reauest for Additional Clerical Position - Denied The County Administrator requested the committee to consider approval of an additional clerical position in the Fire & Rescue Department. He advised that the office is currently staffed by one employee and therefore when this individual is on lunch break, or is out of the office, the Director, Fire Marshal, or Assistant Fire Marshal must man the office. When they are called out for service, this leaves the office vacant with no one there to serve the public. He estimated that the cost to add this position would be $22,000. The committee recommends approval of this request and forwards same to the Finance Committee for consideration. The Board discussed this request noting that other offices worked short staffed and questioned whether this would be setting a precedent. Mr. Longerbeam asked if a part-time position would help. Mr. Owens replied that it was better than nothing. Mr. Sager asked if the funds were available. Mr. Riley replied no. Mr. Smith moved to approve and Mrs. Douglas seconded the motion. The above motion was denied by the following recorded vote: 626 James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Aye Robert M. Sa~er - Nay Richard C. Shickle - Nay Charles W. Orndoff, Sr. - Nay Mr. Smith moved to approve a part-time position, working twenty hours per week, and is to be reevaluated in ninety days. 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 SHAWNEE-LAND SANITARY DISTRICT A. Reauest for Salarv Increase for Manal!er - No Action Taken A request for a position analysis of the Sanitary District Manager position was received and processed through the Personnel Office and the Personnel Committee with a recommendation that the salary for this position be reclassified from a Range 15 to a Range 17 and that the manager's salary be increased from $27,350 to $30,386. The Board of Supervisors subsequently approved this recommendation and salary adjustment. Mr. George Ludwig, Chairman of the Shawnee-Land Sanitary District Advisory Committee appeared before the committee and requested that the salary for the manager be reconsidered and adjusted to $32,500. Following a lengthy discussion, the committee forwards this request to the Board of Supervisors without recommendation (see Attachment 4/A). Following Board discussion it was the consensus of the Board that no action would be taken on this request. Mrs. Douglas stated that the Shawnee-Land Advisory Committee felt that inasmuch as these were separate funds they felt they should have the final word on this salary request. Upon motion made by Richard C. Shickle, seconded by Charles W. Orndoff, Sr., the Board will take no action on this request. The above motion was approved by the following recorded vote: James L. Longerbeam - Aye W. Harrington Smith, Jr. - Aye Margaret B. Douglas - Nay Robert M. Sager - Aye Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye Personnel Administrative Procedures - Tabled Until the Next Board Meetinl! The committee reviewed the attached request from the County Administrator regarding administrative personnel procedures for filling vacant positions, promotions/reclassifications, and the transfer offunds within the budget. The committee recommends approval of this request and directed that a monthly report be submitted to the committee and the Board of Supervisors setting forth all personnel actions processed during that month (see Attachment G). Due to the lateness of the hour it was the consensus of the Board that this be tabled until the next board meeting. 627 EMPLOYEE OF THE MONTH SELECTION The committee selected Firefighter Preston Grubbs Employee of the Month for June. The resentation of this award will be made at the beginning of the Board meeting. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the board etired into executive session in accordance with the Code of Virginia, 1950, as amended, Section .1-344, Subsection A (5) to discuss an Industrial Prospect. 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 C. William Orndoff, Sr., the oard 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 Charles W. Orndoff, Sr. - Aye BOARD RECONVENED INTO REGULAR SESSION Upon motion made by W. Harrington Smith, Jr., seconded by C. William Orndoff, Sr., the ard reconvened into regular session and certified nothing other than what was noted as reason for oing into executive session was discussed. 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 OF SUPERVISORS COMMENTS There were no additional comments by board members at this time. UPON MOTION MADE BY CHARLES W. ORNDOFF, SR., SECONDED BY OBERT M. SAGER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE S BOARD, THIS MEETING IS HEREBY ADJOURNED. TIME: 12:14 A.M. 628 /'j / ,.-/ / It