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October 25, 1995 Regular Meeting 402 TOM CHRISTOFFEL AND ROB KINSLEY OF LORD FAIRFAX PLANNING DISTRICT COMMISSION ADDRESSED THE BOARD RE: REGIONAL ECONOMIC AND COMMUNITY DEVELOPMENT PLANNING GRANT Mr. Christoffel and Mr. Kinsley were scheduled to appear at the board meeting of October 11, 1995; however, they were not present. Mr. Christoffel asked the chairman and board members if they may address the board at this time as the material he was presenting to them was just for their information, and formal board action was not necessary at this time. The board concurred with Mr. Christoffel's request, at which time he presented them with the Regional Economic and community Development Planning Grant information, asked that they review it and if they had any questions, to please give him a call. A Regular Meeting of the Frederick County Board of supervisors was held on October 25, 1995 at 7:15 P.M., in the Board of Supervisor's Meeting Room, Frederick county Courthouse, Loudoun street Mall, Winchester, Virginia. PRESENT: Richard G. DiCk, Chairman; W. Harrington Smith, Jr., Vice-Chairman; James L. Longerbeam; Robert M. Sager; and Charles W. Orndoff, Sr. ABSENT: Jimmie K. Ellington (he was out of town). CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by board member Robert M. Sager in absence of the minister. ADOPTION OF AGENDA Mr. Riley stated there was a Certificate of Congratula- tions in honor of a county citizen celebrating their 100th birthday. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the agenda was adopted as amended by the following recorded vote: 403 Richard G. Dick - Aye w. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Absent Charles W. Orndoff, Sr. - Aye CONSENT AGENDA Mr. Riley suggested the following tabs be approved under consent agenda: 1. Resolution Approving Appropriation of Funds for Construction of County Office Facility - Tab C; 2. Request from Shawneeland for Amendments to Recommenda- tion for Accepting Donated Lots from Property Owners Approved at Earlier Board Meeting - Tab E; 3. Request From Department of Social Services to Partici- pate in the State Set-Off Debt Collection Program - Tab F; 4. Certificate of congratulations to Cora Strosnider celebrating her 100th birthday on October 25, 1995 - (added under amended agenda); 5. Finance Committee Report - Tab I. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the consent agenda was approved as presented by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Absent Charles W. Orndoff, Sr. - Aye MINUTES Mr. smith noted that on page 18 it does not indicate that Mr. Orndoff voted on the Flying J. Inc., rezoning application. Mr. Orndoff noted that on page 16 it mentions Route 37 bridge and it should be Interstate 81 bridge. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the minutes of the regular meeting of October 11, 1995 were approved as amended by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Absent Charles W. Orndoff, Sr. - Aye 404 COMMITTEE APPOINTMENTS: GEORGE SEMPELES APPOINTED TO CIVIL WAR MUSEUM COMMITTEE FROM STONEWALL DISTRICT Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., George Sempeles was appointed to the civil War Museum Committee from Stonewall District. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Absent Charles W. Orndoff, Sr. - Aye MARJORIE S. LEWIS REAPPOINTED TO HANDLEY REGIONAL LIBRARY BOARD Upon motion made by W. Harrington Smith, Jr., seconded by James L. Longerbeam, Marjorie S. Lewis was reappointed to the Handley Regional Library Board for a four year term. This term will commence on November 30, 1995 and expire on November 30, 1999. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Absent Charles W. Orndoff, Sr. - Aye BEN P. HALLAM APPOINTED TO INDUSTRIAL DEVELOPMENT AUTHORITY FROM STONEWALL DISTRICT Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, Ben P. Hallam was appointed to the Industrial Development Authority from Stonewall District for a four year term. This term will commence on November 10, 1995 and expire on November 10, 1999. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellin9ton - Absent Charles W. Orndoff, Sr. - Aye 4Q5 RESOLUTION APPROVING APPROPRIATION OF FUNDS FOR CONSTRUCT - TION OF COUNTY OFFICE FACILITY - APPROVED UNDER CONSENT AGENDA On motion duly made by W. Harrington Smith, Jr., seconded by Robert M. Sager, and upon the votes hereafter recorded, it is hereby RESOLVED that the sum of $4,000,000 be and hereby is appropriated to fund 83-1225, Administration Building Fund, for payment of construction costs associated with the county's new office facility. REQUEST FOR SUPPLEMENTAL APPROPRIATION OF FUNDS FOR ROAD SIGNS FOR SHAWNEELAND - DENIED Mr. Riley presented this request and information to the board, noting that he is not in favor of this expenditure. Mr. Orndoff stated that he would like to know what the cost figure is now compared to what it would have been had the signs been erected in Shawnee land at the same time they were erected throughout the rest of the county. Mr. Longerbeam stated that he felt those representing Shawneeland made a mistake when they submitted their earlier decision, that perhaps this cost should be split with Shawnee- land paying half and the county paying half. Mr. Dick stated that he felt these signs should have been done the same time the rest of the county was done and he will not support this request. Mr. Orndoff stated that he too feels all the signs should have been erected at the same time. Mr. smith explained that he could not support this request. Mr. Longerbeam moved to have this request tabled until a more refined cost figure could be discussed and decided upon. This motion died for the lack of a second. Mr. smith moved to deny this request. Mr. Sager seconded. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Nay Robert M. Sager - Aye Jimmie K. Ellington - Absent Charles W. Orndoff, Sr. - Aye 406 REQUEST FOR AMENDMENTS TO RECOMMENDATION FOR ACCEPTING DONATED LOTS FROM PROPERTY OWNERS IN SHAWNEELAND - APPROVED UNDER CONSENT AGENDA (A copy of this procedure is on file in the office of the county administrator as well as the office of the Shawneeland Manager.) REQUEST FROM DEPARTMENT OF SOCIAL SERVICES TO PARTICI- PATE IN THE STATE SET-OFF DEBT COT.T.RCTION PROGRAM - APPROVED UNDER CONSENT AGENDA PLANNING COMMISSION BUSINESS: PUBLIC HEARING: PUBLIC HEARING - CONDITIONAL USE PERMIT #010-95 OF JOSEPH EDMISTON FOR A DOG KENNEL. THIS PROPERTY IS LOCATED AT 295 HOLLOW ROAD AND IS IDENTIFIED WITH PIN 26-4-2-50 IN THE BACK CREEK DISTRICT - TABLED UNTIL BOARD MEETING OF NOVEMBER 8. 1995 Mr. Bob Watkins, planning director, presented this request to the board, noting that staff and planning commission recommended approval with conditions. Betsy Lewis, area resident, appeared before the board and asked how many dogs were currently there and how many would be allowed. Mr. Watkins was not sure. Mr. Longerbeam asked if a limit could be placed on this permit. Mr. Watkins replied yes. Mr. Edmiston was not present at this time to answer how many dogs are currently at the kennel, therefore this request was tabled until the next board meeting. Mr. Longerbeam also wanted to be sure that number 6 of the conditions - (All dogs housed at the kennel must be controlled so they do not enter any adjoining property or be heard on any adjoining property) is being complied with. He further requested that number 5 of the conditions, (Only dogs owned by the applicant will be boarded in the kennel at any time) is being adhered to. Mr. Longerbeam moved to table and Mr. Sager seconded. The above motion was approved by the following recorded vote: 407 Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Absent Charles W. Orndoff, Sr. - Aye PUBLIC HEARING - CONDITIONAL USE PERMIT #011-95 OF HARDEES/MOBIL CONVENIENCE CENTER FOR A RESTAURANT. GAS STATION. AND CONVENIENCE CENTER. THIS PROPERTY IS LOCATED AT THE INTERSECTION OF NORTHWESTERN PIKE (ROUTE 50W) AND WARD AVENUE (ROUTE 1317) AND IS IDENTIFIED WITH PIN 53 -A-3-83 IN THE BACK CREEK DISTRICT - APPROVED Mr. Orndoff explained that he would not be participating in any discussion or vote on this request, due to his affiliation with the Farmers Livestock Exchange. Mr. Watkins, planning director, presented this request to the board, noting that the staff and planning commission recom- mended approval with conditions. Mr. Smith inquired about fire hydrants and if they would be so noted on the plans. Mr. Watkins replied when the water is made available. Mr. Chuck Maddox, of G.W. Clifford Associates, appeared before the board on behalf of this request. He explained that he felt this type of business would be an asset to the county and he would be happy to answer any questions the board might have. Mr. Longerbeam moved for approval of this conditional use permit with the conditions as noted and he stated he would also like to add one additional condition. * He feels there is a preliminary site plan that is part of the conditional use permit showing an entry off of the Northwestern Grade just off of Route 50, which is a typical VDOT entry. He would like this to be part of the record, so that once VDOT grants this entry, the petitioner will not have to come back to the board for a secondary approv- al.Mr. Smith seconded this motion. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye 408 Robert M. Sager - Aye Jimmie K. Ellington - Absent Charles W. Orndoff, Sr. - Abstained FINANCE COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Finance Committee met in the conference room on the 3rd floor at 107 North Kent Street on Wednesday, October 18, 1995 at 7:30 a.m. Present were: Committee Chairman W. Harrington smith, Jr.; Committee members James L. Longerbeam, John P. Good, Jr., and Henry Buettner. Also present were John R. Riley, Jr., cheryl B. Shiffler, and Mike Janow. Committee member Kitty Nicholas was absent. The agenda items are as follows: The Parks and Recreation Department Reouests a General Fund Supplemental Appropriation in the Amount of $3.750 This amount represents grant funds that need to be appropriated. No additional local funds needed. See attached memo pg.1. The Committee recommends approval. The Plannino Director Reouests a General Fund Supple- mental Appropriation in the Amount of $10.000 This amount represents a grant from the National Park Service that needs to be appropriated. No additional local funds needed. See attached memo pg. 2-7. The Committee recommends approval. The Director of Parks and Recreation Reouests a General Fund Supplemental Appropriation in the Amount of $10.000 This amount represents a donation from Kiwanis Club for playground equipment for Clearbrook Park. No additional local funds are needed. See attached memo pg. 8 . The Committee recommends approval. The Reaistrar Reouests a General Fund Supplemental Appropriation in the Amount of $1.500 This amount is needed for address change requests budgeted last year and funds are requested to be carried forward to current year. See attached memo pg. 9. The Committee recommends that $800. for additional postage be carried forward. The Commissioner of Revenue Reouests a General Fund Supplemental Appropriation in the Amount of $393.68 This amount is needed to cover cost overruns on a P.O. that was cut during FY 94-95 that was carried forward to the current year. Carryforward funds are requested. See attached memo pg.10. The committee does not recommend approval. The Director of Economic Development Requests a General Fund Supplemental Appropriation in the Amount of $10.000 This amount represents a grant from the Center for Innovative Technology. No additional local funds are needed. The Director also reouests a General Fund Budaet Transfer in the amount of $7.250 to fund the referenced grant. See attached memo pg. 11-16. This item has been tabled until the next meeting when June Wilmot can address the committee. 409 The Sheriff Reauests a General Fund Supplemental Appropria- tion in the Amount of $2.533 This amount is needed to reflect an increase in a three- year grant. No additional local funds are needed. See attached memo pg. 17-18. The committee recommends approval. The Child-Parent Center Reauests that the Countv Approve for the Submission of Funds that were Billed bv the citv of Winchester Durina FY 95 but Not Remitted to the Center Because of the Cut-Off of Year-End No additional local funds needed. See attached memo pg. 19. The committee recommends approval. The Reaional Jail Requests a Jail Fund Supplemental Appro- priation in the Amount of $131.720 This amount represents a grant that was previously received by Court Services. No additional local funds are needed. See attached memo pg. 20-23. The committee recommends approval. The Director of Court Services Reauests a Court services Fund Supplemental Appropriation in the Amount of $22.557.50 This amount represents various expenditures and purchases. Carryforward funds are requested. See attached memo pg. 24-25. The committee recommends approval. The Director of Parks and Recreation Reauests a General Fund Supplemental Appropriation in the Amount of $214.153 This amount represents the state and local share of the ISTEA grant budgeted last year. The appropriations need to be carried forward for the Bicycle Trail at Sherando Park. See attached memo pg. 26. The committee recommends approval. The Airport Reauests an Airport Capital Fund Supplemental Appropriation in the Amount of $647.949.93 This amount is needed to carryforward to complete capital projects at the airport. No additional local funds needed. See attached memo pg. 27. The committee recommends approval. INFORMATION ONLY 1. The Northern Virginia 4-H Center sends acknowledgement and appreciation of the county's $10,000 donation. See attached memo pg. 28. 2. The Youth Development Center sends acknowledgement and appreciation of the County's $10,000 donation. See attached memo pg. 29. 3. Tri-County OIC sends acknowledgement and appreciation of the County's $3,000 donation. See attached memo pg. 30-31. 4. Correspondence between DMV and the Registrar concern- ing DMV voter registration has been included for your informa- tion. See attached memo pg. 32-38. BOARD OF SUPERVISORS COMMENTS Mr. smith stated that he was happy to report that during the past deluge of rain in this area, that there were no prob- lems reported either in Lakeside at the canal or on Maloy Drive. 410 UPON MOTION MADE BY W. HARRINGTON SMITH, Jr., SECONDED BY ROBERT M. SAGER, THERE BEING NO I"UKJ:l1.KK BUSINESS TO COME