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HomeMy WebLinkAboutOctober 27, 1993 Regular Meeting 412 A Regular Meeting of the Frederick County Board of Supervi- Iqq~1 sors was held on October 27,17:15 P.M., in the Board of Supervi- sor's Meeting Room, Frederick County Courthouse, Loudoun street Mall, Winchester, Virginia. PRESENT: Richard G. Dick, Chairmani W. Harrington Smith, Jr., Vice-Chairmani James L. Longerbeami Robert M. Sageri Beverly J. Sherwood and Charles W. Orndoff, Sr. 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 scheduled minister. ADOPTION OF AGENDA Mr. Dick stated he had a resolution designating Red Ribbon Week that he would like to add to the agenda. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, the agenda was adopted as amended by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye CONSENT AGENDA Mr. Riley suggested the following tabs for approval under consent agenda: 1. Memorandum Re: Schedule Public Hearing for Planning Commission Items - Tab Ci 2. Renewal Lease for the Old Dominion Alcohol Safety Action Program (ASAP) - Tab Di 3. Memorandum Re: Informational Brochures from the Department of Planning & Development - Tab Gi 4. Activity Report - October 1-15, 1993 - Tab Hi 5. Code and Ordinance Committee Report - Tab Ii 6. Finance Committee Report - Tab Ji 7. The Red Ribbon Resolution added at the beginning of the meeting. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the above tabs were approved under the consent agenda by the following recorded vote: 1- 413 il Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye CITIZEN COMMENT There was no public input. APPROVAL OF 'MINUTES Mr. Dick asked that the minutes show that neither he nor Mrs. Sherwood attended the executive session of the meeting of September 28, 1993. Upon motion made by W. Harrington smith, Jr., seconded by Beverly J. Sherwood, the minutes of the regular meeting of September 28, 1993, were approved as amended by the fOllowing recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye PRESENTATION OF RESOLUTION IN MEMORY OF THE LATE WILLIAM: FRAULA - APPROVED Ms. Cynthia Fraula Hawn and Ms. Sharon Fraula, daughters of the late William Fraula, were present to accept the boards resolution in memory of their late father. They expressed their appreciation for this award on behalf of their families. There Were No Committee APpointments PLANNING COMMISSION ITEMS SCHEDULED FOR PUBLIC HEARING - APPROVED UNDER CONSENT AGENDA RENEWAL LEASE FOR OLD DOMINION ALCOHOL SAFETY ACTION PROGRAM: (ASAP) - APPROVED UNDER CONSENT AGENDA PLANNING COMMISSION BUSINESS: Public Hearing: CONDITIONAL USE PERMIT 1009-93 OF MARSHALL A. RITENOUR FOR A COTTAGE OCCUPATION - FENCING CONTRACTING. THIS PROPERTY IS LOCATED 2 1/2 MILES EAST OF STEPHENS CITY ON FAIRFAX PIKE (Route 277). IN THE SHAWNEE DISTRICT. AND IS IDENTI- FIED AS PIN 86-A-167 - APPROVED Mr. Ron Lilly, planner II, presented this information to the board. Mr. Ritenour was present, however he did not appear before the board. There was no public comment. 414 Upon motion made by W. Harrington smith, Jr., seconded by Robert M. Sager, Conditional Use Permit #009-93 of Marshall A. Ritenour for a Cottage Occupation - Fencing contracting was approved as presented. (Note) - This was advertised as CUP #002-93, however it should have read CUP #009-93. The above conditional use permit was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye SUBDIVISION APPLICATION 1005-93 - LAKE HOLIDAY ESTATES. SECTION 1B - TABLED UNTIL DECEMBER 8. 1993 BOARD MEETING Mr. Bob watkins, planning director, presented this request to the board noting that the planning commission had recommended denial as they felt a more in depth study is needed and there- fore recommends that this request be tabled for 60 days. Mr. Longerbeam asked why this should be tabled. Mr. Watkins explained that his department wanted to do further research on all the files concerning this subdivision and due to the volume of these files it was felt this much time would be needed. He further explained the area dealing with what has been vested also needs to be researched before the staff feels comfortable with rendering an opinion on this re- quest. Mrs. Sherwood asked if there is a legal question here. Mr. Watkins replied yes, he felt there could be especially in the areas of what has been vested. Mr. Longerbeam stated that he did not feel this applicant should be required to do a master development plan as he felt this was over kill at best. He further stated that he felt the lake, golf course, etc. should be considered as open space and that 30 days is adequate time for this to be tabled, as he feels 60 days is too long. Mr. Smith questioned the time needed for State Water Control Board to get their information back to the county. 475 Mr. Riley explained that he had requested this information, but as of this date he had not received a reply. Mr. Randy Hamilton, local attorney representing the peti- tioner, appeared before the board at this time and gave a brief summary of what has transpired with this property over the past years and also addressed the water issue and the fact the county is awaiting word from the state on this inquiry. He further noted that Mr. John Lewis, engineer and Mr. Carl Simms, manager of the Summit was present to answer any questions the board might have. He did note that they too feel the water issue is the greatest concern at this time. It was the consensus of the board to wait and see what the state agencies have to say before hearing from either Mr. Lewis or Mr. Simms. Mr. Riley stated that he would be sending this information to the board once he heard from the state. Mr. Longerbeam did not feel comfortable with what the planning department was saying, as he felt the petitioner should not have to wait for the time period planning was calling for. Mr. Watkins further explained that the information they have received to date has not been adequate and he feels this is the county's obligation to get this information before rendering a final opinion on this request. Upon motion made by Beverly J. Sherwood, seconded by Robert M. Sager, subdivision request #005-93 - Lake Holiday Estates was tabled until the board meeting of December 8, 1993. The above resolution was approved by the following recorded vote: Richard G. Dick - Aye w. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye MEMORANDUM RE: INFORMATIONAL BROCHURES FROM THE DEPARTMENT OF PLANNING AND DEVELOPMENT - APPROVED UNDER CONSENT AGENDA ACTIVITY REPORT - OCTOBER 1-15. 1993 - APPROVED UNDER CONSENT AGENDA CODE AND ORDINANCE COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA 476 The Code and Ordinance Committee met on Tuesday, October 19, 1993, 2:00 P.M. in the Personnel Office Conference Room. Present were W. Harrington Smith, Jr., Chairman of the Commit- tee; Committee members Charles W. Orndoff, Sr., Stephen Butler and Patricia F. Scheder. Also present were County Administrator John R. Riley, Jr.; Commonwealth's Attorney Lawrence R. Ambrogi; Commissioner of the Revenue Natalie Cather Miller; Treasurer C. William Orndoff, Jr.; Board of Supervisors Chairman Richard G. Dick and county citizen (and former board chairman) Kenneth Y. Stiles. Committee member George W. Johnston, III was absent. The committee submits the following: Discussion of Citizen Inauiry on the Business Professional Occupational License (BPOL) Tax - The committee reviewed the enclosed letter from a citizen with reference to the busi- ness license tax. After discussing the issue with the county attorney and the commissioner of the revenue it was concluded that this particular issue had no standing before the committee. The law as applied by the commissioner of the revenue was the issue to be resolved and can only be resolved by the commission- er. Discussion of Code Amendments to the Business License (BPOL) Tax sections of the Frederick County Code - The committee reviewed several code amendments with the commissioner of the revenue before concluding that the most expedient remedy to this problem was a complete review and change of the business license tax section of the code. The chairman of the committee appoint- ed Steve Butler, Larry Ambrogi, Bill Orndoff and Natalie Cather Miller to a subcommittee. The subcommittee will draft an ordinance for public hearing which is scheduled for November 10, 1993. Discussion of Fee Increases for the Law Library and Court- house Maintenance - The FrederiCk County Clerk's office request- ed that the fee assessed for the law library and the courthouse maintenance be increased from $2.00 to $3.00 to be concurrent with recent adoption of same by the City of Winchester. The committee recommends the fee increases be advertised for pUblic hearing. FINANCE COMMITl'EE REPORT - APPROVED UNDER CONSENT AGENDA The Finance Committee met in the Personnel Conference Room on Wednesday, October 20, 1993 at 8:00 a.m. Present were: Committee Chairman Robert M. Sager; Committee members W. Harrington Smith, Jr., John Good, Jr., and Henry Buettner. also present were John R. Riley, Jr., Cheryl B. Shiffler, Jennifer L. Place, John Foreman of Division of Court Services and Charles Stansfield from the Commonwealth Attorney's office. Kitty Nicholas was absent. The agenda items are as follows: 1. The Director of Plannina and Development reauests a General Fund supplemental appropriation in the amount of $21.000.00. This amount represents a grant received from the National Park Service to conduct a study of civil War battle- fields. No local funds are necessary. See attached memo. The committee recommends approval. 2. The Plannina Director. Fire and Rescue Director and Public Works Director reauest a General Fund supplemental appropriation in the amount of $4.073.00. This amount repre- sents the difference needed to purchase a larger copier for these departments. Budaet transfers in the amount of $11.092 are also being requested. $4,073.00 of local money is needed. See attached memo. This item has been tabled awaiting further information. 477 [ 3. The Sheriff reauests a General Fund supplemental appropriation in the amount of $35.931.00. This amount is needed to bring two personnel line items up to match the state budget. No additional local funds are necessary. See attached memo. The committee recommends approval. 4. The Commonwealth Attorney reauests a General Fund supplemental appropriation in the amount of $9.100.00. This amount is needed to replace a high mileage vehicle used by the undercover investigator in this office.. Local funds are neces- sary. See attached memo. The committee recommends approval. 5. The Parks and Recreation Director reauests a General Fund supplemental appropriation in the amount of $2.230.00 for the Bluemont Concert Series. This amount represents the state's share for the Bluemont Concert Series that flows through our books. No local funds are necessary. See attached copy. The committee recommends approval. 6. The Countv Administrator reauests a Budaet Transfer from Professional Services - other to return $7.210.14 to the Commissioner of Revenue's budaet for salary and fringes paid to Mike Didawick for three pay periods. See attached calculation. The committee recommends approval. 7. The Division of Court Services Director requests a Division of Court Services Fund supplemental appropriation in the amount of $7.635.00. This amount represents a carry-forward from FY 92-93 and is needed for unexpected items that were not budgeted. This amount is to be placed in various line items in the Court Services budget. A representative from the Division of Court Services will be present to answer questions. See attached memo. The committee recommends approval. 8. The Director of Public Works reauests a General Fund supplemental appropriation in the amount of $5.000.00. This amount is needed to purchase a vehicle for inspections which will replace one with over 100,000 miles. Actual revenues have exceeded projections so no local funds are necessary. Revenues and expenditures will be adjusted. See attached memo. The committee recommends approval. BOARD COMMENTS There were no board member comments. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., the board retired into executive session in accordance with the Code of Virainia, 1950, as amended, section 2.1-344, Subsection A (1) (3) and (7) to discuss Personnel, Acquisition and Disposition of Real Estate and Legal Matters. The above motion was approved by the following recorded Richard G. Dick - Aye W. Harrington smith, Jr. Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye BOARD WITHDREW FROM EXECUTIVE SESSION 418 Upon motion made by Robert M. Sager, seconded by W. Harrington smith, Jr., the board withdrew from executive ses- sion. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Charles W. Orndoff, Sr., seconded by James L. Longerbeam, the board reconvened into regular session and certified nothing other than what was noted as reason for going into executive session was discussed. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye DEPARTKENT HEAD EVALUATIONS APPROVED Upon motion made by James L. Longerbeam, seconded by W. Harrington Smith, Jr., the evaluations of Cheryl Shiffler, Finance Director; Ann Kelican, Personnel Director; Ed strawsnyder, Public Works Director; and Jim Doran, Parks & Recreation Director were approved as submitted. The above motion was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Robert M. Sager - Aye Charles W. Orndoff, Sr. - Aye UPON MOTION MADE BY CHARLES W. ORNDOFF, SR., SECONDED BY ROBERT M. SAGER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. ,..-t-----::::::' ,..~~ 479