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