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HomeMy WebLinkAboutJuly 08, 1992 Regular Meeting 001 A Regular Meeting of the Frederick county Board of Super- visors was held on July 8, 1992, 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; Beverly J. Sherwood and Charles W. Orndoff, Sr. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by Reverend Charles W. Doughty, Jr., Church of Christ at Mountain View. ADOPTION OF AGENDA Mr. Dick requested the following amendments: 1. Time under County Officials; 2. Committee appointments under 2020; 3. Date for Route 37 public hearing; and 4. Approval of deed for old Stephens City School. Upon motion made by W. Harrington Smith, Jr.; seconded by Charles W. Orndoff, Sr., the agenda was adopted as amended. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye CONSENT AGENDA Mr. Riley suggested the fOllowing tabs be approved under the consent agenda: 1. Tab C - Appointments to Shawnee land Sanitary District Advisory Committee; 2. Tab G - Request from the Izaak Walton League of America for Tax Exempt Status; 3. Tab I - Correspondence from Lord Fairfax Health District Re: Alternative Discharging Regula- tions and Water Supply Intakes; 4. Tab J - Mutual Aid Agreement Between Frederick and Shenandoah Counties Re: E-911 Services; 5. Tab P - Memorandum Re: Rhinehart Appeal; 6. Tab 0 - Memorandum Re: Reappointment of Maral Kalbian to the Historic Resources Advisory Board; j 002 7. Tab V - Code and Ordinance Committee Report; 8. Tab W - Personnel committee Report. Upon motion made by W. Harrington Smith, Jr., seconded by James L. Longerbeam, the consent agenda was approved: The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye MINUTES OF MAY 13. 1992 - APPROVED AS AMENDED Mr. Orndoff noted that on page 14 the vote needs to be amended to read: Upon motion made W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., to approve the above recommendation of the Public Works Committee. The above motion was denied by the following recorded vote: W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr., - Aye Richard G. Dick - Nay James L. Longerbeam - Nay Robert M. Sager - Nay Beverly J. Sherwood - Nay Upon motion made by Robert M. Sager, seconded by James L. Longerbeam, to approve the minutes of May 13, 1992 as amended. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye MINUTES OF MAY 27. 1992. APPROVED AS PRESENTED Upon motion made by Charles W. Orndoff, Sr., seconded by Beverly J. Sherwood, to approve the minutes of May 27, 1992, as submitted. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye AWARD PRESENTED TO THE FREDERICK COUNTY FAIR ASSOCIATION Mr. Dick stated that the Board would be presenting each month an award to either a citizen or a business whom they felt 003 has made an outstanding contribution to Frederick County, and at this time he called upon Board Member Charles Orndoff, Sr. to make the first presentation. Mr. Orndoff asked Mr. Bill English to come forward to accept the award on behalf of the Frederick County Fair Association. DR. KENNETH ROSNER REAPPOINTED TO SHENANDOAH AREA AGENCY ON AGING Upon motion made by W. Harrington smith, Jr., seconded by Robert M. Sager, to reappoint Dr. Kenneth Rosner to the Shenan- doah Area Agency on Aging as a county representative for a three year term, said term to commence on September 30, 1992 and expire on September 30, 1995. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye M'ARAL KALBIAN REAPPOINTED TO HISTORIC RESOURCES ADVISORY BOARD Upon motion made by Beverly J. Sherwood, seconded by Charles W. Orndoff, Sr., to reappoint Maral Kalbian to the Historic Resources Advisory Board as the Architectural Historian for a three year term, said term to commence on September 13, 1992, and expire on September 13, 1996. The above motion was passed by the fOllowing recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye APPOINTMENTS MADE TO 2020 COMMITTEE Mr. Dick stated that he would like to submit the fOllowing three citizens names for the Board's consideration as appointees to the 2020 Committee: Mr. Frank Spurr, Ms. Helen Zebarth, and Mr. Scot Marsh. Mr. Dick noted that the City of Winchester would be making like appointments. 004 Upon motion made by W. Harrington smith, Jr., seconded by Robert M. Sager, to appoint the above individuals to serve on the second phase of the 2020 Committee. The above motion was passed by the following recorded vote: Richard G. Dick - Aye w. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles w. Orndoff, Sr. - Aye APPOINTMENTS TO SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE APPROVED UNDER CONSENT AGENDA Upon motion made by W. Harrington Smith, Jr., seconded by James L. Longerbeam, to appoint the following citizens to serve on the Shawneeland sanitary District Advisory Committee for a three year term, said term to expire June 30, 1995: 1. Dorothy Ann stant 2. Edward Rich 3. Jack williams 4. Diana Cleveland - Fill unexpired term of Mr. John Tigney, said term to expire June 30, 1993. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye POLICE COMMISSION REPORT PRESENTED Mr. Riley read the following report: The Police Commission has completed its report. The commission met five times (public notices attached) with a total number of 49 in attendance. Summarily, the primary argument for a county police department was for county control and job stability, while the primary argument against such a department was the increased cost. As you know, the commission was charged by the Frederick County Board of supervisors with collecting information about the requirements for establishing a county pOlice department and sharing that information with the public. It was also the duty of the commission to encourage the public to react to the information and to share their views with the commission. The commission did not express an opinion either for the formation 005 of a police department nor for keeping the existing Sheriff's Department. The commission has attached to its report the eligibility funding formulas and requirements, possible losses in state funding, interviews with counties that have a police department, and the minutes. Generally speaking, the commission found that the funding loss from the state Compensation Board will be approximately $500,000. Items such as repainting police cars, new offices for a police department, and estimated revenue from the enforcement of the state traffic code were not identified as funding losses or gains. In every instance where referendums were held, there was dissatisfaction with the current Sheriff's performance. The majority of the people in attendance felt that the Sheriff's Department should be retained. If $500,000 is consid- ered a minimal impact on the county's tax base by the potential loss in state funding ($500,000), then there could be a way to apply that same $500,000 to the existing Sheriff's Department for raises and more personnel. They also could see no benefit in changing the department if the only thing changed were the color of the cars and the uniforms. Having the Sheriff account- able to the people rather than to the Board of Supervisors and County Administrator was also a reoccurring theme. Those people in attendance in favor for the creation of a county police department were most concerned with turnover at election time. This concern centered on the possibility of wholesale departmental employee dismissals at the end of the Sheriff's term in office. State law provides that the Sheriff must have all sworn law enforcement personnel take or retake the oath of office upon commencement of a new term in office. If the Sheriff chooses not to swear in specific personnel, that individual is terminated from the department. with this fact in mind, those people in favor of the county police department felt that turnover could be high, retraining expensive, and longevity and experience lacking if the elected Sheriff form of law enforcement was retained. With a county personnel policy in 006 place a police chief would be prohibited from wholesale dismiss- also In conclusion, it has been our pleasure to serve on this commission. As you know it was not our charge to make a recom- mendation as to which way to proceed. It does concern us, however, that the turnout was low after providing ample public notification and opportunities for the public to participate. The low turnout could possibly indicate satisfaction with the current system, therefore creating the possibility of pulling this issue from the ballot. If it is the decision to allow this process to continue, it may be advisable to pay for a full page add listing the pros and cons of the police department issue sometime prior to the election. Mr. Dick thanked all the members for their time and effort while serving on this committee. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the police commission report was accepted as presented. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye Mr. Longerbeam stated that the question of whether or not this issue would be placed on the ballot had not been decided. Mr. Dick explained that the previous Board decided this would be placed on the ballot, therefore it will be on the ballot in the November election. CHAIRMAN ANNOUNCES THAT MEETINGS HAVE BEEN SCHEDULED FOR THE PUBLIC FOR THE PROPOSED ROUTE 37 PROJECT Mr. Dick stated that July 20 and July 23 have been scheduled as dates when the public will have an opportunity to meet with staff and the Engineers concerning the proposed Route 37 project. PUBLIC HEARING: REOUEST OF CHARLES ROBINSON. WINCHESTER-FREDERICK COUNTY JAYCEES. PURSUANT TO CHAPTER 4. ARTICLE II. SECTION 2-3-3 OF THE FREDERICK COUNTY CODE. AS AMENDED. FOR AN OUTDOOR 007 FESTIVAL PERMIT. FESTIVAL TO BE HELD ON AUGUST 22. WESTVIEW BUSINESS PARK (ROUTE 50 EAST) - APPROVED Mr. Larry Dawson was present on behalf of this request as Mr. Robinson was out of town on business. He stated that any funds raised from this event would be going toward the renova- tion of the Jaycee Building. Mr. Dick asked about the plans for security and law enforcement. Mr. Dawson replied that there were no plans for either. Mr. Dick explained that he would like to see the Jaycees work toward having security as well as working with the Sheriff's Department on law enforcement as he felt this would be beneficial in an event such as this. No one appeared before the Board either in favor of or opposed to this request. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. orndoff, Sr., the request of Charles Robinson, on behalf of the Winchester-Frederick County Jaycees, for an outdoor festival permit was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye APPROVAL GIVEN BY BOARD FOR LETTER TO BE SENT TO JEFFREY W. PARKER. ATTORNEY. REGARDING SHAWNEELAND AND COUNTY OFFER TO PHIL GREEN (TABLED FROM BOARD MEETING OF JUNE 10. 19921 Mr. Riley presented this information and explained that the county had been working with Mr. Green for about two years in trying to get this resolved. He further stated that there were approximately 256 lots that would be received from Mr. Green and he noted approximately where they were located. Mr. Orndoff asked if all taxes would be paid on these lots before being transferred over to the county. Mr. Riley stated that would all be taken care of before any papers are executed. Upon motion made by James L. Longerbeam, seconded by Robert M. Sager, the "draft" letter as presented in the agenda of July 008 8, 1992, will be sent to Mr. Jeff Parker, attorney for Mr. Phil Green with regard to the county's acceptance of some 256 lots in Shawneeland. The above motion was passed by the following recorded vote: Richard G. Dick - Aye w. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye REQUEST FROM THE lZAAK WALTON LEAGUE OF AMERICA FOR TAX EXEMPT STATUS - APPROVED UNDER CONSENT AGENDA REQUEST FOR APPROVAL OF RESOLUTION FROM COMMONWEALTH OF VIRGINIA. BOARD OF EDUCATION - DENIED The Board was asked to support a resolution from the state Board of Education, wherein they stated that the resolution, as presented, expresses the sense of the board regarding local effort to fund education, and further the members of the board deplore the action of any locality to reduce its effort to fund public education in response to increased state funding support. Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., the Board chose not to approve the resolution from the State Board of Education. The above motion was passed by the following recorded vote: Richard G. DiCk - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye CORRESPONDENCE FROM LORD FAIRFAX HEALTH DISTRICT RE: ALTERNATIVE DISCHARGING REGULATIONS AND WATER SUPPLY INTAKES - APPROVED UNDER CONSENT AGENDA MUTUAL AID AGREEMENT BETWEEN FREDERICK AND SHENANDOAH COUNTIES RE: E-911 SERVICES - APPROVED UNDER CONSENT AGENDA (A copy of this is on file in the County Administrator's Office) . SHENANDOAH AREA AGENCY ON AGING ANNUAL REPORT FOR FISCAL YEAR 1991 PRESENTED TO BOARD Ms. Marilyn Klein Boyce, Executive Director, Shenandoah Area Agency on Aging, appeared before the Board and gave a brief summary of what programs have been provided to the citizens of Frederick County and how these programs had been effected by a 1% across the board cut in bUdget. L 009 Mr. Dick thanked Ms. Boyce for her report and went on to explain that he is concerned about the areas of Frederick County that are not being serviced by the Agency. Mrs. Velma Carmon, county representative, addressed the Board noting that there are citizens from the northern section of the county that are not being serviced, and this concerned the county representatives on the Agency. Dr. Kenneth Rosner, county representative, addressed the Board noting that he too is concerned about the elderly citizens in the county that are not being serviced as well as in the City of Winchester. Mr. Smith informed the county representatives that they have the backing of the Board of Supervisors, they just need to be kept abreast of what is going on. PLANNING COMMISSION BUSINESS: PUBLIC HEARING: AN AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 2L ZONING: ARTICLE IX. BUSINESS AND INDUSTRIAL ZONING DISTRICT: SECTION 9-1-4. LIGHT INDUSTRIAL 9M-10. TO INCLUDE HUMAN SERVICE CENTERS AS AN ALLOWED USE (UNDER LAW ENFORCEMENT AND COURTS COMMITTEE REPORT. ITEM #2) - WITHDRAWN Discussion of Thin Line. Inc. Mr. Mark Puckett presented his proposal to the committee. Mr. Puckett advised the committee that he was currently prepared to perform outpatient services on a referral basis. He also stated that he was not dependent upon grants from the Department of Corrections to provide pre-release and halfway house residen- cy service. Durwood Hill advised the committee that the Department of Corrections' grant process for pre-release and halfway house funding was uncertain. In fact, he advised that there was an eighty percent (80%) chance that the grant would not be funded this year. Committee members were concerned about duplication of service, line of accountability should a major incident occur, and the uncertainty of future funding. 010 Mr. Sager stated that he would like to thank Mr. puckett of Thin Line Inc. for all of his assistance during the time the county has been working with their request. Mr. Longerbeam noted that he too wanted to thank Mr. puckett for working with the county in the manner in which he had in order to try and get this matter resolved. Upon motion made by James L. Longerbeam, seconded by W. Harrington smith, the above request for the code amendment to include human service centers was withdrawn in conjunction with an earlier +equest submitted by Thin Line, Inc. The above motion was passed by the fOllowing recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye CONDITIONAL USE PERMIT #006-92 OF JAMES R. ORNDORFF - BACK CREEK DISTRICT - APPROVED Mr. Wayne Miller, zoning Administrator, appeared before the Board to present this conditional use permit and stated that the staff and Planning Commission recommended approval with condi- tions. Mr. Orndorff was present on behalf of his request. There was no public input, either in favor of or opposed to this request. Upon motion made by James L. Longerbeam, seconded by W. Harrington Smith, Jr., conditional use permit #006-92 of James R. Orndorff was approved with conditions as noted. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye AN ORDINANCE TO REVISE ALL PORTIONS OF CHAPTER 8. EROSION AND SEDIMENTATION. OF THE FREDERICK COUNTY CODE APPROVED Mr. Watkins, Planning Director, presented this request to the Board. Mr. Smith asked if this would be monitored by the county. Mr. Watkins replied, that is correct. L 1 011 Mr. Watkins explained that if a developer is putting in a road, then he will have to have an erosion and sedimentation permit. Mr. Bill Pfhal, from Opequon District, appeared before the Board and started to read from a prepared statement with regard to a conditional use permit. Mr. Dick explained to Mr. Pfhal that conditional use permits had nothing to do with this ordinance amendment as it dealt solely with erosion and sedimentation permits, and that the review of conditional use permits was scheduled for the Board meeting on August l2. There was no further public input. Upon motion made by W. Harrington Smith, Jr., seconded by Beverly J. Sherwood, an ordinance to revise all portions of Chapter 8, Erosion and Sedimentation of the Frederick county Code was approved: The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. orndoff, Sr. - Aye (A copy is on file in the Office of Planning and Develop- ment). End of Planning Commission Public Hearings. OTHER. PLANNING ITEMS: ANNUAL REVIEW OF CONDITIONAL USE PERMITS - DISCUSSED Mr. Miller explained that these permits will be advertised for the August 12 meeting, if all have been reviewed by that time. Mr. Smith asked about the cemetery in Shawnee District, and whether or not it was necessary for it to be reviewed each year. Mr. Miller explained that two permits have been requested to be eliminated. Mr. Smith also inquired about the off-street sign, and whether or not a review is needed for that every year. Mr. Longerbeam stated that the Board is only brought those that need Board approval. 012 Mr. Riley explained that all permits are brought to the Board, not just some of them. Mr. Dick asked if it were possible that a fee be charged for this service. Mrs. Sherwood asked that this be checked into, as far as what the policy has been in the past. COUNTY NOTIFIED THAT THE RHINEHARTS HAVE APPE}l.T.F.n TO SUPREME COURT OF VIRGINIA. THE CIRCUIT COURT OF THE COUNTY OF FREDERICK RULING OF HAY 20. 1992 - RECEIVED UNDER THE CONSENT AGENDA MEMORANDUM: RE: REAPPOINTMENT OF HARAL KALBIAN TO THE HISTORIC RESOURCES ADVISORY BOARD - APPROVED UNDER CONSENT AGENDA (This reappointment was acted upon earlier in the meeting under Committee Appointments.) ROAD NAME CHANGE REOUESTS - APPROVED Mr. Kris Tierney, Assistant Planning Director, appeared before the Board to present this request. The Board members had some questions with regard to the various definitions of lane, drive, etc., and felt these should be followed as closely as possible when these name changes are requested, and that they need to be consistent. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., to approve the following road name changes as submitted: The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye 1. FROM: TO: Rt. 658, Helms Mill Road Rt. 658, Brookland Lane 2. FROM: TO: Tilly Russell Lane Nulton Lane 3. FROM: TO: Duchess Court Orchard View Lane 4. FROM: TO: Sweet Nector Lane West Oaks Lane 5. FROM: TO: Carlos Court (east segment) Possum Draw Place 6. FROM: TO: Shire Lane Silver Lake Lane L 013 7. FROM: Pileated Lane TO: Herman Lewis Lane 8. FROM: Snapp Pond Lane TO: Longview Lane 9. FROM: Chrisman Road TO: Morgan Mill Road 10. FROM: West Parkins Road TO: west Parkins Mill Road 11- FROM: East Parkins Road TO: East parkins Mill Road 12. FROM: Azure Lane TO: Fox Meadow Lane 13. FROM: Whispering Pine Lane TO: Homestead Farm Lane 14. FROM: Peach Grove Drive TO: Peach Grove Lane 15. FROM: Rt. 817, Hoop pitticoat Road TO: Rt. 8l7, Magic Mountain Road End of Planning Commission Business. PENDING ISSUES The following three items were submitted under the pending issues tab: 1. American's with Disabilities Act. 2. status of 2020 strategic Planning Committee and appointment of citizen members. 3. status of joint meeting to discuss annexation. Mr. Dick asked about number 3, annexation. Mr. Riley replied, that he had not had any definite answer back from Mr. Daley. Mrs. Sherwood stated that she felt this definitely needed to be followed up on. Mr. Longerbeam suggested that a letter requesting a meeting be sent to the Mayor rather then the city Manager. STAFF ACTIVITY REPORT - JUNE 1-30. 1992 INFORMATION RECEIVED AS Mr. Riley did note that data on building permits, compari- son data, would be forwarded to the Board Members. COMMITTEE REPORTS: LAW ENFORCEMENT AND COURTS COMMITTEE REPORT CONTINUED (DISCUSSION ON THIN LINE. INC. DISCUSSED EARLIER IN THE MEETING) The Law Enforcement and Courts Committee met on Wednesday, July 1, 1992, 8:30 A.M., in the Courthouse Conference Room. 014 Present were Robert M. Sager, Chairman of the committee; James L. Longerbeam; Larry P. Coverstone; B. G. Wyatt, Donald Ratcliff; county Administrator John R. Riley, Jr. Also present were Mark A. Puckett of Thin Line, Inc.; stephen Gyurisin of Plans and Projects; Sheriff Robert T. William; Chief Deputy Alvin Johnson; Durwood Hill with the Department of Corrections; Board of supervisors member Beverly J. Sherwood; Jim Christian with Probation and Parole; and Commonwealth's Attorney Lawrence R. Ambrogi. The Committee submits the following: Discussion of Judicial Center Buildinq Securitv The Sheriff advised the committee through the attached correspondence that his office would no longer be responsible for building security of the Joint Judicial Center. He further advised that there are numerous security breaches after hours and that it was not his responsibility to bring law enforcement personnel in from the field to secure or resecure the building. It was also not his responsibility to raise and lower the flags. The county administrator advised the committee that he is still attempting to arrange a meeting with the city's public safety committee to discuss all aspects of building security. The sheriff advised the committee that he would extend his notice another thirty (30) days. PUBLIC WORKS COMMITTEE REPORT The Public Works Committee met on Tuesday, June 30, 1992, at 10:30 a.m. in the Personnel Conference Room. Present were Board members Charles W. Orndoff, Sr., and W. Harrington Smith, Jr.; committee members Dudley H. Rinker, James T. Wilson, and Karen Kober; Assistant County Administrator Stephen F. Owen; and Deputy Director of Planning and Development Kris C. Tierney. The following items were submitted for information only, however, the Board acted on the following item: Warrior Road - Staff to Proceed with Obtaininq Necessarv Permits from Federal and State Government in Order to Use Park Land Kris Tierney, Assistant Planning Director, and Ron Mislowski, of G. W. Clifford and Associates, briefed the l~ 015 committee on this project (see Attachment 1). The developer of the Village at Sherando had agreed to stockpile dirt until a decision can be made to relocate Warrior Road along the western edge of Sherando Park, north of Route 277. The projected cost of temporarily stockpiling the dirt was approximately $90,000. The projected cost of the road relocation through the park is $246,651. Federal and state approval of the relocation through the park would be required, which the committee felt would be too difficult and time consuming to obtain. After a great deal of discussion, the committee recommended that the developer be allowed to build Warrior Road as originally planned. The vote to proceed as originally planned was as follows: Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Nay Dudley H. Rinker - Aye James T. Wilson - Aye Karen Kober - Abstained Mr. Orndoff moved for approval as recommended by committee. The motion died for lack of a second. Mr. Sager asked if all those individuals present that are currently residing on warrior Road, to please stand at this time. Approximately 18 persons stood. Mr. Sager read from a prepared statement in which he expressed to the Board that he felt this was a situation that needed to be addressed very carefully. He stated he felt the roads in this area are already overcrowded. He further stated that he felt the intent of this road has changed from its original proposal, and the more that is known about this road, that the county is addressing an expressway. He further stated that he felt it will eventually become a thoroughfare from Route 277 to Route 642 and Route 37, when and if it is built. Mr. Sager further stated that for the Board to proceed with a road which will place one child, one person in jeopardy, one life, one injury, that the $90,000 will just be a drop in the bucket, and he felt that when houses and front yards are being put on a road such as this, that it is time for the county to find an 016 alternative. He asked Mr. Watkins what happened to the proposal that was sent back to the Planning Department. Mr. Watkins replied that primary negotiations at this time are with the state, having to do with the land swap with the park. He further explained that this issue came up because of the immediate need of the developer. He stated that the developer had been very cooperative. Mr. smith stated that when this was brought to the Board at an earlier date it was discussed that Westmoreland Drive would be connected to Golladay Expressway, which is now Warrior Road, and this was being done to alleviate the traffic on Route 647, and now you are talking about alleviating traffic on a road where there are hardly any houses and run it through a develop- ment. He stated that he would never vote for something like that. Mr. Orndoff asked Mr. Sager if this road was needed at all. Mr. Sager replied that it was his understanding that the intent was to relieve pressure off these large subdivisions, give them an out on the eastern side, which meant they wouldn't have to come out on Route 647, which is already a road that has 8,000 vehicles a day including double tractor trailers, and they are generating nothing but traffic problems in the Opequon District. Mr. Watkins replied that yes, that was the intent, a collector road. Mr. Sager went on to explain that the way he sees this is that every time this road has been discussed it has been changed. Mr. Longerbeam stated he felt the intent, if it can be worked out, is to go through the park and come out the other way. He further stated that he felt the traffic will be nothing but absolute gridlock if warrior Road does not connect Route 642, 277 and go on into 522 or 37, without that you will have a total gridlock. Mr. Watkins explained that it has always been that Westmoreland Drive would connect, and he understood the problems L_ 011 with that, but the question that you have to ask, if you have collector roads that the other roads do not connect to, then what good is it. Mr. Dick stated that he felt it was the consensus of this Board that this be sent back to the Planning Commission. Mrs. Sherwood stated that the Planning Commission did say that they hoped that staff could work out the solution, that is where they left it. Mr. Riley explained that staff is trying to work with the state on the access through or by the park, and that has not yet been resolved, and maybe they need to make inquiry as to where the state is with this process. Mr. Owen explained that if the Board's decision is to try and go through the park, then the Board needs to approve the expenditure of $90,000 to stockpile the dirt, as this is why this went to the Public Works committee. Mr. Tierney explained that staff was in the process of investigating the possibilities of relocating this section of Warrior Road onto the park, in the meantime the owners of the Village of Sherando came forward and told us that they were at the point that they needed to do something. The fill dirt was being generated and they needed to either start construction on the road, as approved, or arrangements have to be made to put the dirt elsewhere, thus bringing us to where we currently are with this situation. Mr. Orndoff asked if the dirt was piled on the park proper- ty, and if this road cannot go through Fredericktowne, as he felt he would be dead by the time permission is given from the Federal Government to go through the park land. He asked why build this section of Warrior Road in the subdivision which will be a dead end, going nowhere. He stated that he felt the county's chances of getting it through the park are pretty slim. Mr. Longerbeam stated that he felt it could be worked out to go through the park, and he felt the staff was on a roll to do that, but because of the immediate need of the developer, they need to do something. He further stated that he had talked 018 with the contractor this date who would be moving the dirt and he felt the cost will be considerably less than the $90,000 as stated earlier. He further stated that he felt the dirt could be stockpiled on the park land without permission from the state at this point. Mr. Owen stated that to move the dirt twice is going to cost more money than to move it once, and as long as everyone understood that, then staff will proceed. Mr. Orndoff asked who would be paying for putting this road through the park. Mr. Longerbeam stated that staff is working on that. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., staff is to proceed with obtaining necessary permits from the Federal and State governments in order to use park land. The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye The following items were submitted as information only and no action was taken: Stephens city School steve Owen advised that the deed and School Board resolu- tion which conveys the old Stephens City School to Frederick county has finally been prepared along with the required survey plat. staff will advise at the July 8 meeting if the Board of Supervisors needs to take further action. Newman sisk Property steve Owen advised that the five acre Newman Sisk parcel next to the landfill was purchased on June 29. Reports various reports were submitted to the committee for their information and are attached. CODE & ORDINANCE COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA l__ 019 The Code and Ordinance Committee met on Tuesday, June 30, 1992, 9:30 A.M. Board Members W. Harrington Smith, Jr., and Charles W. Orndoff, Sr. were present. Citizen Members present- George W. Johnston, III; Mindy Schryver and Stephen Butler were absent. John R. Riley, Jr., and stephen F. Owen were present. The committee submits the following: Personal Propertv Tax Pro Ration Mike Didawick explained that the city and county need to pursue the proration of personal property at the same time. The committee asked that John Riley and Mike Didawick meet with Ed Daley and Lacky Semples to coordinate this and report back to this committee with a recommendation as to when this might be feasible. Land Use Taxation Application Fees The committee discussed the need to raise the application fees for the land use taxation program. They unanimously recommend that the fee be raised to $100 or $0.50 per acre, with no acreage change or revalidation fee. E-911 Tariff Tom Owens presented this issue to the committee and the attached memo. The committee unanimously recommends that the Board hold a public hearing in August on increasing the E-911 telephone line tariff from 34 cents per month to 95 cents. PERSONNEL COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Personnel Committee met on June 30, 1992, with the following members present: James L. Longerbeam, Beverly Sherwood, Ralph Lewis, Colleen Bly, John R. Riley, Jr., and Ann K. Kelican. Mr. Ed Keenan was absent. The Committee submits the following: Classification of Heavv Eauipment Mechanic The Committee reviewed the attached job description for heavy equipment mechanic and recommends that said position be classified at a Range 17, salary $19,589-$27,562. Recommendation of Candidates for Appointment to Shenandoah Valley Private Industrv Council The Committee reviewed the attached information regarding candidates seeking appointment to the Shenandoah Valley Private 020 Industry Council and recommends the appointment of Mr. O. Douglas Cumbia to the Community Based Organizations position and Mr. Brian B. Shull to the Economic Development Agencies posi- tion. End of Committee Reports. Mr. Riley stated that if the Board had no objections, he would like to start the meeting on August 12 at noon, and schedule all public hearings for 7:15 P.M. that same date. The Board concurred with this request. UPON MOTION MADE BY ROBERT M. SAGER, SECONDED BY BEVERLY J. SHERWOOD, AND PASSED UNANIMOUSLY, THE BOARD OF SUPERVISORS ADJOURNED AS THERE WAS NO FURTHER BUSINESS TO COME BEFORE THE BOARD. .-.-----? .~ - of Supervisors ors