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HomeMy WebLinkAboutMarch 11, 1992 Regular Meeting 528 A regular meeting of the Frederick County Board of Supervi- sors was held on Wednesday, March 11, 1992, at 7:15 p.m., in the Board of Supervisor's Meeting Room, Frederick County Courthouse, Loudoun street Mall, Winchester, Virginia. PRESENT: Chairman Richard G. Dick; Vice-Chairman W. Harrington Smith, Jr.; 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 James H. utt of the Grace Luthern Church. ADOPTION OF AGENDA Chairman Dick stated he had the following items for the board's review and approval: 1. A representative from Apple Ridge requested time to address the board; 2. A request for Proposals for a Frederick County Manage- ment Study; 3. A request from Preservation of Historic Winchester President Patricia L. zontine regarding the county's option on the parcel of land on which the Kurtz Build- ing sits; 4. An agreement between The Moseley Group, Inc. and Frederick County regarding an Americans with Disabili- ties Act Survey; and 5. Shawneeland Sanitary District Advisory Committee Appointment. County Administrator John R. Riley, Jr., requested time for the board to meet in executive session. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., to adopt the agenda 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 requested the following tabs be approved under the Consent Agenda: 1. Tab M - Transportation Committee Report; 529 2. Tab N - Information Services committee Report; 3. Tab 0 - Public Works Committee Report; and 4. Tab P - Code and Ordinance Committee Report. Upon motion made by Charles W. Orndoff, Sr., seconded by James L. Longerbeam, to approve the above items under the Consent Agenda. 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 - APPROVED Upon motion made by James L. Longerbeam, seconded by Beverly J. Sherwood, to approve the minutes of the special Meeting of February 7, 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 Upon motion made by W. Harrington smith, Jr., seconded by Charles W. Orndoff, to approve the minutes of the Regular Meeting of February 12, 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 Upon motion made by Robert M. Sager, seconded by Beverly J. Sherwood, to approve the minutes of the special Meeting of February 24, 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 APPLE RIDGE HOMEOWNERS I ASSOCIATION REPRESENTATIVE CRAIG S. LOW ADDRESSED THE BOARD 530 Mr. craig S. Low, president-elect of the Apple Ridge Homeowners' Association, addressed the board. The following is an outline of the association's concerns within their subdivi- sion and what they understand will be done to correct these concerns: 1. 2 . 3. The developer filed bankruptcy in 1991 and the county failed to execute a performance bond in order to bring the necessary improvements up to state and local codes. Drainage easements and roads are in poor condition. The county worked with the virginia Department of Transportation (VDOT) to find out what the county needed to do to bring the roads into VDOT's secondary system. Mr. Low stated correspondence from VDOT dated as far back as 1988 was on record with the county stating VDOT's concerns with the roads and drainage problems in this subdivision. A letter from VDOT's Robert Childress to Robert Watkins dated October 3, 1991, was presented to the board which stated an engineering site plan must be prepared for this subdivision before VDOT would begin any improvements. 4 . A meeting on March 2 with Frederick county's Director of Engineering and Inspections Harvey E. strawsnyder, Jr., and the association revealed that the county had no intention of performing an engineering site plan. 5. The association then met with the Chairman Richard Dick and he stated that the county would perform the engineering site plan. 6. The association requested that the engineering site plan, when prepared by the county, be reviewed by the association prior to the advertising for request for bids. 7 . The association requested that all roads and drainage easements and other improvements throughout the subdivision be brought into compliance with the concurrent state and county ordinances and regula- tions. 8. The association requested that all common areas not associated with the drainage would be upgraded to the standards set forth in the master development plan accepted by the county. Buyers were promised certain items the subdivision would contain and it was guaran- teed by the performance bond the county held. Erosion and flooding problems - county engineer has stated some houses were installed improperly and should not have been built were they are. The associ- ation would like to know what the county intends to do for those homeowners. 9. 10. The association wants assurances that the homeowners' properties will be restored to like new condition. County has made many mistakes that have negatively affected the property values in this subdivision. 11. The chairman has indicated that funding for these improvements is available and is committed for this purpose. 531 12. The association has requested that the board appropri- ate all funds that are needed to complete this project within this season. The county has been aware of these problems for four years and Mr. Childress has indicated that the work can no longer wait. 13. The chairman has indicated that the county would like to meet with the association and discuss their con- cerns. 14. The chairman also indicated the county will be more responsive to its citizens. The association stated that the relationship between them and the county has been poor for the last four years. 15. The association consulted the Commonwealth Attorney about a possible law suit against the county. The association feels the county is responsible for these problems and the county has stated as much. The chairman has advised that the association does not need to hire a lawyer for the county to live up to its responsibilities. In conclusion, Mr. Low asked the entire board to assist in helping to solve their problems. He requested to be placed on the agenda for the board's April 8 meeting to discuss the progress the association has made with the county. Chairman Richard Dick stated that he did not believe the bond issue is dead and that there were probably legal avenues that could be pursued. He also stated that the county engineer would be working with an individual designated by the Apple Ridge Homeowners Association and funding is available this year to proceed with this project. He questioned Mr. Low regarding the law suit. Mr. Low explained they contacted Jay Cook in the Common- wealth Attorney's office because they were not placed on the agenda for this meeting and wanted to know what they could do to be placed on the agenda. Mr. Cook stated he represented the county and could not discuss this matter since it would repre- sent a conflict of interest for him to give any advice that would be harmful to the county. Chairman Richard Dick reiterated that the county would work with the association regarding their concerns. Supervisor Longerbeam asked if Mr. Low had met with the planning department to find out what was reasonable as far as what the county could do. He explained that Mr. Low's statement regarding the association's request that the lots be returned to "like new condition concerned him." 532 Mr. Low explained that VDOT has stated that many of the driveway culverts have been installed improperly and will need to be ripped out. The homeowners want assurances that driveways will be reinstalled to the condition that they existed. They also want to make sure that those improvements needed will not have any negative impact on their property values. supervisor Longerbeam asked Planning and Development Director Robert Watkins if he has met with the association to make sure their expectations are actually in line with what can be done with the bonding. Mr. Watkins indicated he has not met with anyone. supervisor Longerbeam asked that the association meet with Mr. Watkins and find out exactly what the county is and is not responsible for. supervisor Sherwood questioned Mr. Low's statement regard- ing "some of the homes were not placed properly" in this subdi- vision. Mr. Low explained that some of the homes that have base- ments were placed on lots that were not properly graded and sit below flood plain level, therfore, the basements flood when it rains. He stated that the county's engineer told the associa- tion these homes should not have been built on these lots. BOARD RECOGNIZES DISTINGUISHED BUDGET PRESENTATION AWARD FROM THE GOVERNMENT FINANCE OFFICERS ASSOCIATION Mr. Riley stated this award was the highest form of recog- nit ion in governmental budgeting and represented a significant achievement for the finance department. supervisor Smith congratulated Director of Finance Barbara Ratcliff and her staff for a job well done. MR. AREND L. NYDAM APPOINTED TO BOARD OF BUILDING APPEALS Upon motion made by Beverly J. Sherwood, seconded by W. Harrington smith, Jr., to appoint Arend L. Nydam to the Board of Building Appeals, said term to expire March 11, 1997 (five year appointment) . The above motion was passed by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye 533 Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. orndoff, Sr. - Aye JOHN E. VENSKOSKE REAPPOINTED TO THE HISTORIC RESOURCES ADVISORY BOARD - GAlNESBORO DISTRICT Upon motion made by Beverly J. Sherwood, seconded by James L. Longerbeam, to reappoint John E. Venskoske to the Historic Resources Advisory Board as the representative from Gainesboro District, said term to commence April 12, 1992, and expire April 12, 1993 (one year appointment). 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 MARY JANE LIGHT REAPPOINTED TO THE HISTORIC RESOURCES ADVISORY BOARD - STONEWALL DISTRICT Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Sager, to reappoint Mary Jane Light to the Historic Resources Advisory Board as the representative from stonewall District, said term to commence April 12, 1992, and expire April 12, 1995 (three year appointment). ESTEN O. RUDOLPH. III. REAPPOINTED TO SANITATION AUTHORITY Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington smith, Jr., to reappoint Esten o. Rudolph, III, to the Sanitation Authority as the stonewall District representa- tive, said term to commence April 15, 1992, and expire April 15, 1996 (four year appointment). FREDERICK COUNTY SANITATION AUTHORITY ARTICLES OF INCORPO- RATION AMENDMENT - APPROVED FOR PUBLIC HEARING Mr. Riley presented a request from Sanitation Authority Engineer-Director Wellington H. Jones for the board to hold a public hearing regarding the Sanitation Authority's Articles of Incorporation in which compensation for the Frederick county Sanitation Authority (FCSA) Board members would be reinstated at $60 per month. The January 1988 amendment, which added a member-at-large, also inadvertently removed compensation for FCSA board members. The public hearing is necessary to 534 reinstate compensation to all FCSA members. Staff has set the public hearing date for April 22, 1992. Upon motion made by W. Harrington Smith, seconded by Robert M. Sager, to hold a public hearing as requested above. 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 REOUEST FOR PROPOSALS FOR FREDERICK COUNTY MANAGEMENT STUDY - APPROVED WITH AMENDMENTS Mr. Riley presented to the board a draft request for proposals the staff prepared for a Frederick County Management study. The study would include the school system as well as the general county administration. Upon motion made by James L. Longerbeam, seconded by Robert M. Sager, to advertise the RFP for Frederick County Management Study with the following amendment: Page 3, Paragraph B., Selection criteria, first sentence should be changed from: "An Evaluation Committee composed of the county administrator, superintendent of schools, one school board member, and one board of supervisor's member will evaluate ..." to read as follows: "An Evaluation Committee composed of two school board members and three board of supervisors' members will evaluate...". 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 PRESERVATION OF HISTORIC WINCHESTER'S (PHW) REOUEST FOR FREDERICK COUNTY TO RELEASE OPTION ON THE PORTION OF THE JUDICIAL CENTER LOT CONVEYED TO PHW BY THE CITY IN OCTOBER 1990 - APPROVED CONTINGENT UPON THE CITY EXTENDING THEIR MORATORIUM ON ANNEXATION AN ADDITIONAL FIVE YEARS Mr. Riley presented this request from Preservation of Historic Winchester President Patricia L. zontine. Mr. Riley stated that the county and city entered into a joint facility agreement to build the Joint Judicial Center and the county gave land for the Courtsquare Autopark, and, in exchange, the county was given an option to build a county administration building 535 anywhere on the Kurtz/McCormick Track which is now the Judicial Center's parking lot. When the city sold the Kurtz building to PHW, the county was not interested in relinquishing their said portion of land. PHW is now requesting that the county release said portion of land so that they may proceed with trying to secure conventional financing on the construction of renovating the Kurtz building. Upon motion made by W. Harrington smith, Jr., seconded by Robert M. Sager, to honor PHW's request contingent upon the city extending their moratorium on annexation an additional five years. If approved, the county administrator was directed to proceed as soon as possible with legal documentation and notice of public hearing. 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 AGREEMENT WITH THE MOSELEY GROUP. INC.. MODIFICATION NO. 1. TO PROVIDE SURVEY OF COUNTY BUILDINGS FOR COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT - APPROVED Mr. Riley presented this agreement which will permit The Moseley Group to survey the county office buildings for compli- ance with the Americans with Disabilities Act (ADA). This act was passed so that accessibility to all buildings would be provided for the handicapped. Upon motion made by James L. Longerbeam, seconded by W. Harrington Smith, Jr., to approve Modification 1 to Standard Form of Agreement Between Frederick County and The Moseley Group, to determine those features of the county office build- ings which do not comply with ADA. 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 MS. KATRINA M. SINE APPOINTED TO THE SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE --~"-----_. ....._-"~--_..... ..----- 536 Upon motion made by James L. Longerbeam, seconded by Robert M. Sager, to appoint Katrina M. Sine to the Shawneeland Sanitary District Advisory Committee, filling vacancy created by Ken poulter who resigned in November, 1991. Said term will 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 SHENANDOAH VALLEY PRIVATE INDUSTRY COUNCIL PLAN OF OPERA- TIONS FOR 1992-1993 - ENDORSED BY BOARD OF SUPERVISORS Mr. Ben Vorhies, executive director for the Shenandoah Valley Private Industry Council, appeared before the board and briefly explained the programs included in the council's plan of operations for 1992-93 (see attached). He asked for the board's endorsement of same. Upon motion made W. Harrington Smith, Jr., seconded by Charles W. Orndoff, sr., the board endorsed the Shenandoah Valley Private Industry Council Plan of Operations for Fiscal Year 1992-1993. 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 2020 VISION PROJECT RECOMMENDATION - BOARD WILL TAKE UNDER ADVISEMENT Mr. Frank Spurr, representing 2020 steering Committee Chairman Mr. John P. Lewis, presented to the board the Steering Committee's recommendation that the governing bodies of each jurisdiction appoint a commission or committee to continue the study of the recommendations made in the final report of the 2020 Vision Project (see attachment). Mr. Riley stated that it's citizens like Mr. Spurr in this county that really makes things happen. Mr. Spurr served also on the Public Safety Committee that dealt with the fire and rescue aspects and the city and the county providing that 587 service. Mr. Spurr's work and recommendations improved the county's fire services abilities through fire and rescue units. There were very few rescue units in the county before this plan was adopted. Mr. Spurr assisted the county in adjusting the radio frequencies in order that the sheriff's department and fire and rescue units could be on the same units. He did so by working with the Federal Communications Commission. Mr. Riley expressed his thanks to Mr. Spurr for all his efforts and volunteerism on behalf of the county. The chairman stated they would take the committee's recom- mendation under advisement and make a decision sometime in the near future. PUBLIC HEARING AN AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 9. FINANCE AND TAXATION: ARTICLE IX. UTILITY TAXES: TO CREATE A NEW SECTION. 9-3 - E-911 LOCAL USER FEE AND TO INCLUDE THE CURRENT 9-3 - APPLICABILITY TO TELEPHONE SERVICE. UNDER SECTION 9-2. RENUMBERING THAT PARAGRAPH TO 9-2-1 - APPROVED Mr. Riley presented this code amendment request. A public hearing was held on this code amendment request. No one spoke in favor or in opposition of this amendment. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., to approve the following: "AN AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 9, FINANCE AND TAXATION; ARTICLE IX, UTILITY TAXES; TO CREATE A NEW SECTION, 9-3 - E-911 LOCAL USER FEE AND TO INCLUDE THE CURRENT 9-3 - APPLICABILITY TO TELEPHONE SERVICE, UNDER SECTION 9-2, RENUMBERING THAT PARAGRAPH TO 9-2-1, TO READ AS FOLLOWS: 9-2-1 The tax hereby imposed and levied on purchases with respect to local exchange telephone service shall apply to all charges made for local ex- change telephone service, except local messages which are paid for by inserting coin operated telephones. 9-3 E-911 LOCAL USER FEE An E-911 local user fee t~~tt1ttp~/~~~t~/~~~~1 to each Chesapeake and Potomac Telephone Company user is hereby adopted. The purpose of this fee is to allow for the implementation of the En- hanced 911 Emergency Telephone System. The fee shall be as prescribed bv ordinance of the Board of Supervisors. 9-3-1 The local user fee for Star Tannery area resi- dents served bv the Shenandoah Telephone Company shall be as established by the Shenandoah County E-911 Emerqency Telephone system Ordinance. as prescribed in a ;oint aoreement pursuant to state Code Title 58.1-3813.A." 538 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 AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 9. FINANCE AND TAXATION: BY THE ADDITION OF ARTICLE XXII. REFUND OF LOCAL TAXES - APPROVED Mr. Riley presented this code amendment request. A public hearing was held on this code amendment request. No one spoke in favor or in opposition of this amendment. Upon motion made by W. Harrington Smith, Jr., seconded by Beverly J. Sherwood, to approve the following: "AN AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 9, FINANCE AND TAXATION; BY THE ADDITION OF ARTICLE XXII, REFUND OF LOCAL TAXES, TO READ AS FOLLOWS: 22-1 IN GENERAL Pursuant to the Code of Virqinia, 1950, as amend- ed, Title 58.1; Chapter 39, Section 3990, Refunds of Local Taxes Erroneously Paid, is hereby adopted by reference hereto. 22-2 REFUNDS Pursuant to the authority granted by Title 58.1-3990 of the Code of Virqinia, 1950, as amended, the Commissioner of the Revenue may authorize a refund on erroneously assessed property designated for local taxation. No refund shall be made in any case when application therefore was made more than three years after the last day of the tax year for which such taxes were assessed." 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 END OF PUBLIC HEARING ITEMS ACTIVITY REPORT Mr. Riley presented to the board the county's activity report for February 16 through February 29, 1992. He stated that the audit report had also been distributed before the meeting to each board member for their review and to please let him know if they had any questions. supervisor Smith stated he liked the activity report and thanked John Riley and Steve Owen for a job well done. 539 Chairman Richard Dick stated he felt attention should be brought to an item mentioned under the fire and rescue section regarding Potomac Edison's donation of mobile radios to the fire companies. Supervisor Smith asked that a letter of thanks from the Board of Supervisors be sent to Potomac Edison for their contri- bution. LETTER OF APPRECIATION TO THE LADIES' FRATERNAL ORDER OF POLICE Chairman Richard Dick expressed his thanks to the Ladies' Auxiliary of the Fraternal Order of Police for their fund raising activities to purchase bullet proof vest for the coun- ty's enforcement officers. He stated that the auxiliary's efforts provided a savings to the taxpayers of Frederick County and also thanked all of those who contributed funds for the purchase of these vests. Supervisor Smith requested a letter of thanks from the Board of Supervisors be sent to the auxiliary for their efforts. PLANNING COMMISSION PUBLIC HEARING REZONING APPLICATION #010-91 OF ZUCKERMAN COMPANY. INC.. (SCRAP IRON) TO REZONE 24 ACRES FROM M-1 (LIGHT INDUSTRIAL) TO M-2 (GENERAL INDUSTRIAL) TO EXPAND SCRAP METAL AND MATERIALS HANDLING RECYCLING CENTER. THIS PROPERTY IS LOCATED NORTH OF WINCHESTER ON THE WEST SIDE OF ROUTE 11 IN THE STONEWALL MAGISTERIAL DISTRICT AND IS IDENTIFIED AS GPIN 440000A0000120 - APPROVED Deputy Director of Planning and Development Kris Tierney presented this rezoning application noting that the Planning commission had presented a detailed review to the board and did recommend approval. Mr. Scott Marsh with G. W. Clifford and Associates appeared before the board to explain in detail Zuckerman's rezoning request. He stated Mr. Richard Williams knew his business well and that his facility is primarily a recycling facility and waste is not retained at the site but shipped to various recy- cling markets. He also stated that Zuckerman agreed to pay proffers to the Clearbrook Volunteer Fire Company of .05 per square feet of future floor space for a minimum of $500 per year. 540 A public hearing was held on this rezoning request. No one spoke in favor or in opposition of this request. Upon motion made by Charles W. Orndoff, Sr., seconded by James L. Longerbeam, rezoning application #010-91 for Zuckerman Co., Inc. 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 END OF PUBLIC HEARING ITEM CAPITAL IMPROVEMENTS PLAN - FY 1992-93 Director of Planning and Development Robert W. Watkins presented the county's capital Improvements Plan for FY 1992-1993 for the board's review. He explained this was pre- sented annually for the board's review and stated the plan's priorities should be in conjunction with the approved department budget requests. Supervisor smith stated that three years ago he believed the Parkins Mill plant was too small and pointed out that the CIP reflects an expansion project to the size he originally stated the plant should be. He also asked that the total dollar amount ($2,765,510) under the Sanitation Authority's Water Transmission Lines Project be itemized to reflect the cost of each connection (pages 8 and 9 of CIP). ROAD NAMING COMMITTEE Mr. Tierney presented to the board the Road Naming Commit- tee's report. This committee was formed to maintain the road naming process in the county for the ongoing house numbering project. The committee requested approval of the following road name changes: Chanqinq Golladav Road to Warrior Drive - APPROVED The Transportation Committee submitted this request. citizens have requested this change and research shows low impact at this time, before construction of new developments. Upon motion made by W. Harrington Smith, Jr., seconded by James L. Longerbeam, to change Golladay Road to Warrior Drive. 541 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 Chanqinq Lime Kiln Road to Marlboro Road - APPROVED Of 39 landowners on the tax records with access to this road, 30 have signed a petition to have the name changed (see attached) . Upon motion made by W. Harrington smith, Jr., seconded by James L. Longerbeam, to change Lime Kiln Road to Marlboro Road. 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 DENY Chanqinq Route 694. Dick Ridqe Road. to Pack Horse Road - APPROVED The name Pack Horse Road is currently being used for a portion of Route 692 and these roads are not contiguous. Upon motion made by W. Harrington smith, Jr., seconded by James L. Longerbeam, to deny changing Route 694, Dick Ridge Road, to Pack Horse Road. 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 Chanqinq Route 851. Sinqhass Lane. to pitcock Lane - APPROVED A petition with a majority of landowner signatures has been submitted. A copy is attached. Upon motion made by W. Harrington Smith, Jr., seconded by James L. Longerbeam, to change Route 851, singhass Lane, to pitcock Lane. 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 542 Charles W. Orndoff, Sr. - Aye ReQUest for the County Road Name Chanqe ReQUests Procedures be Amended - APPROVED The Road Naming committee requested that the County Road Name Change Requests Procedures, adopted by the board in Decem- ber 1991, be amended to state that a majority of property owners must be in support of a request to change a road name. Upon motion made by W. Harrington smith, Jr., seconded by James L. Longerbeam, the following road naming procedures were adopted as amended: COUNTY ROAD NAME CHANGE REQUESTS Any request to change the official name of any road within Frederick County, whether maintained privately or by the Virginia department of Transportation, shall be submit- ted in writing to the Department of Planning and Develop- ment on or before December 30, 1992. A fee of $150.00 will be charged for any road name change received after this date. If the requested change is not made, $100.00 of the fee will be refunded to the applicant(s). Requests shall include the following information. 1. A map showing the location and present name of the road. 2. The preferred road name(s). 3. A signed statement from the majority of ~p~~~f ~p~~~/~~tt~~/~t/t~~/tp~~/~p~/pt owners of proper- ty accessing the road, stating the desire to have the road name changed. 4. Background information supporting or explaining the reasons for the requested change. Prior to submitting a road name change request, interested parties should first contact the Planning and Development Office to determine that the desired name is not already in use for another section of road within Frederick County. No duplicate road names will be adopted by the county. n Requests will be forwarded to the county Road Naming Committee for consideration and recommendation to the Board of supervisors. The Board shall hold a public hearing and make the final determination based on input at the hearing and the Road Naming Committee's recommendation. END OF PLANNING COMMISSION BUSINESS. COMMITTEE REPORTS: TRANSPORTATION COMMITTEE REPORT - APPROVED UNDER THE CONSENT AGENDA Upon motion made by Charles W. Orndoff, Sr., seconded by James L. Longerbeam, the following Transportation Committee 543 Report was approved under the Consent Agenda 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 Transportation Committee met on February 3, 1992 to discuss the following agenda items: Committee Discussion of the Winchester Area Transportation study Mr. George Pierce, a planner from the Virginia Department of Transportation, gave the Transportation Committee a general overview of the Winchester Area Transportation Study. Mr. pierce briefed the committee on the computer model, the short range recommendations for several deficient interchanges in the area, and county-wide road deficiencies that will occur by the year 2015 if no new roads are built. Committee Discussion of the 1992 Preallocation Meetinq to be Held on March 30 in Staunton The committee discussed the priorities of last year's recommended Primary Road Plan and altered the list to reflect what the committee considered were needed primary road improve- ments to present to the state for funding. This proposed Primary Road Improvement Plan will be presented to the Planning Commission on March 18, 1992 and the Board of Supervisors on March 25, 1992. The final Primary Road Improvement Plan will then be presented to Virginia Department of Transportation on March 30, 1992. Letter from G. W. Clifford and Associates Reqardinq the Future Alignment of Route 642 and U. S. Route 522, South of Winchester staff informed the committee that Mr. Maddox would like to meet with the committee during the April meeting to discuss the crossover of Route 522 by Route 642. Mr. Maddox has discovered a vertical misalignment making it difficult to construct a crossover for Route 642. Mr. William Bushman, VDOT, stated that he has responded to Mr. Maddox concerning the misalignment. INFORMATION SERVICES COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA 544 The Information Services Committee met on March 6, 1992, at 10:30 A.M. The following members were in attendance: Beverly Sherwood, Lori Molden, Charles Orndoff, Robert Mowery, and Charles Tyson. Members absent were Aaron Mitchell. The follow- ing was discussed: The committee was presented a disaster recovery program from I.B.M. that would provide the county with a site on which our computer software could be loaded in a disaster, and we would be able to continue to function. The committee deferred any decision at this time until it could be determined if there would be any reduction in insurance cost under this plan that would justify the additional cost. It also would like county departments surveyed to see just how long they feel they could survive if the computer system was not available. PUBLIC WORKS COMMITTEE - APPROVED UNDER THE CONSENT AGENDA Upon motion made by Charles W. Orndoff, Sr., seconded by James L. Longerbeam, the following Public Works Committee Report was approved under the Consent Agenda 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 Public Works Committee met on Tuesday, March 3, 1992, at 7:30 a.m. Present were board members Charles W. Orndoff, Sr. and W. Harrington smith, Jr.; committee members Dudley H. Rinker, James T. Wilson, and Karen K. Kober; Assistant County Administrator Stephen F. Owen; and Director of Engineering and Inspections Harvey E. Strawsnyder, Jr. 1. Request for Supplemental Appropriation from contingen- cv in the Amount of $856 for Piqeon Control - APPROVED UNDER CONSENT AGENDA The committee reviewed several proposals for pigeon control and cleanup for the county offices. Chicken wire was recommended to help keep the pigeons from roosting. Board approval of a supplemental appropriation from contingency in the amount of $856 for the lowest cost proposal and the installation of chicken wire is requested. 545 Upon motion made by Charles W. Orndoff, Sr.; seconded by James L. Longerbeam, this request 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 The following information was submitted for the board's information only. 1. Recvclina Study The committee asked for a staff recommendation on the recycling consultant selection after the consultants are inter- viewed on March 5. 2. Budaet Cuts Steve Owen reviewed various budget cuts made by the Finance Committee and the staff for both FY 91-92 and proposed FY 92-93. 3. Miscellaneous Reports The committee was provided copies of the monthly animal shelter, landfill tonnage, and recycling reports. CODE AND ORDINANCE COMMITTEE REPORT - APPROVED UNDER THE CONSENT AGENDA Upon motion made by Charles W. Orndoff, Sr.; seconded by James L. Longerbeam, the following Code and Ordinance Committee Report was approved under the Consent Agenda 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 Code and Ordinance Committee met on Monday, March 3, 1992, at 8:30 A.M., in the Courthouse Conference Room. Present were W. Harrington Smith, Jr., Chairman of the Committee; Committee members Charles W. Orndoff, Sr., George W. Johnston, III, stephen G. Butler and Mindy Schryver; County Administrator John R. Riley, Jr.; Commonwealth Attorney Lawrence R. Ambrogii Zoning Administrator W. Wayne Miller; and Planner I Lanny Bise. The committee submits the following: ----~-~_._._------_._- --~---_.. ---~-- 548 Discussion of Zoninq violation in Mill Race Estates The staff presented the attached background information regarding an individual operating a shelter for homeless and abused women and also conducting church services in the dwelling at 504 Ginger street. Concerns were expressed by several residents on behalf of the entire subdivision and ranged from improper use of the dwelling in a residential zone to an unli- censed facility rendering aid to a mentally despondent pregnant patient recently released from the care of a medical facility. The occupant of the dwelling countered that this was nothing more than religious persecution and harassment by local government. The committee discussed both sides of the issue with staff. The committee directed staff, upon motion made by stephen G. Butler and seconded by Charles W. Orndoff, Sr., to determine if the Winchester Medical Center, Chapter 10 and both social services departments sent referrals to 504 Ginger street and to make a determination as to whether the shelter is in violation of the zoning ordinance. No action is requested at this time. PERSONNEL COMMITTEE REPORT The Personnel Committee met on Wednesday, March 4, 1992. Present were Chairman James L. Longerbeam; Beverly J. Sherwood; Ralph E. Lewis; Colleen Bly; Edward J. Keenan; County Adminis- trator John R. Riley, Jr.; Assistant county Administrator stephen F. Owen; Personnel Director Ann K. Kelican; and Planning and Development Director Robert W. Watkins. The following items were discussed: Request for Supplemental Appropriation for $900 for Laser Printer Emulation Card - APPROVED The personnel director is requesting a supplemental appro- priation in the amount of $900 for a laser printer emulation card. This device enables the personnel department to utilize their laser printer with both the personal computer and the AS-400 mainframe thereby alleviating the need to purchase a second printer at this time. The committee recommends approval of this request. 5~ Upon motion made by James L. Longerbeam, seconded by W. Harrington smith, this request 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 Reclassification Request for Graphic Technician position to Ranqe 20. Step 3. Salary $25.001 - APPROVED The committee reviewed the attached reclassification request from the planning and development director to reclassify the Graphic Technician position - Range 17 (Salary $23216) to a Graphics Manager position - Range 20, step 4 (Salary $26242). The committee recommends that the position be reclassified to Range 20, Step 3, (Salary $25001). See Attachment A. Upon motion made by James L. Longerbeam, seconded by Robert M. Sager, the committee's recommendation 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 Requests from Sheriff and Reqional Jail Administrator to Modify Maximum Leave Accumulation Requlation - APPROVED Please find attached requests from Sheriff Williamson and Superintendent Hodge to modify the maximum accumulated leave balances regulations to accommodate the required work schedules in the sheriff's department and the C-F-W Regional Jail. Due to work schedules required to operate these departments efficiently with the current manpower levels, it is virtually impossible to remain within the limits of the maximum leave balances. It is felt this modification will provide enough flexibility to the department heads to schedule time off without interrupting the operation of the departments. See Attachment B. Upon motion made by James L. Longerbeam, seconded by Robert M. Sager, this request was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye 5j8 James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye Request to Fill Recreation Proqrammer III position - APPROVED The committee reviewed the attached request from the parks and recreation director to fill a Recreation Programmer III position and recommends approval of same. See Attachment C. Upon motion made by James L. Longerbeam, seconded by Beverly J. Sherwood, this request 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 BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by Robert M. Sager, seconded by W. Harrington smith, Jr., the board retired into executive session in accordance with virginia Code, 1950, as amended, section 2.1-344, Subsection A, (1), (3), and (7) to discuss personnel, real estate, and political litigations. 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 BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., the board withdrew from executive ses- sion. 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 BOARD RECONVENED INTO REGULAR SESSION upon motion made by Charles W. Orndoff, seconded by W. Harrington Smith, Jr., the board reconvened into regular ses- sion. 549 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 EVALUATION OF PLANNING AND DEVEWPMENT DIRECTOR - APPROVED Upon motion made by Beverly J. Sherwood, seconded by Charles W. Orndoff, to certify the planning and development director's evaluation 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 BOARD REVOKES PREVIOUS DECISION FOR TBE KU KLUX KLAN TO USE TBE OLD FREDERICK COUNTY COURTBOUSE - APPROVED Upon motion made by James L. Longerbeam, seconded by W. Harrington smith, Jr., and pursuant to Section 18.2-420-421 of the Code of Virginia, 1950 as amended, permission is hereby revoked to use the Old Frederick county Courthouse for a meeting by the Klavern of the Invisible Empire Knights of the Ku Klux Klan. 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 UPON MOTION MADE BY CHARLES W. ORNDOFF, SR., SECONDED BY ROBERT M. SAGER, AND PASSED UNANIMOUSLY, TBE BOARD OF SUPERVI- SORS ADJOURNED AS TBERE WAS NO FURTBER BUSINESS TO DISCUSS. <.t >.I~ I