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HomeMy WebLinkAboutApril 08, 1992 Regular Meeting 562 A Regular Meeting of the Frederick County Board of Super- visors was held on April 8, 1992, 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 Chairman Dick in absence of a minister. He asked for a moment of silence in memory of Dennis Cole, former Board member from Stonewall District, who passed away during the past week. ADOPTION OF AGENDA Chairman Dick stated he had some additional committee appointments, request for landfill transfers, and Emergency Services Coordinator Tom Owens' evaluation. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., 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 suggested the following Tabs be approved under the Consent Agenda: Tab B - Closing of County Offices for Apple Blossom Festival; Tab D - Vacancies on Shawnee land Sanitary District Advisory Committee; Tab E - Correspondence Commission Re: field Heritage from Lord Fairfax Planning District Shenandoah Valley American Battle- Area Committee; Tab F - Correspondence from the Child-Parent Center Re: Healthy, Happy Children's Day; Tab G - Proclamation Re: KOVAR Week (Knights of Virginia Assistance for the Retarded); Tab H - Resolution of Appreciation to Middletown Volunteer 563 Fire and Rescue Company; Tab I - Resolution from the Economic Development Commission Re: Small Issue Industrial Development Bonds; Tab K - Memorandum Re: Payment of Bills - City of Winchester; Tab L - Draft Letter Re: Headstart Program; Tab P - Resolution from Virginia Department of Transportation Re: Route 522 South; Tab R - Correspondence from Virginia Employment Commission Re: Job Service Plan for Service Delivery Area IV for Program Year 1992; Tab W - Master Development Plan - Battlefield Partnership; Tax X - Road Name Change Request and Location Redesignation - Ritter Mountain Development; Tax Y - Parks and Recreation Commission Report; Tax Z - Personnel Committee Report. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., to approve the above Tabs 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 It was noted that in the minutes of the Regular Meeting of March 11, 1992, Page 17, fourth paragraph, last line, it should read "$500 per year" and not "$500 per square feet". Page 29, Executive Session, it was noted that the motion was made by Robert M. Sager and W. Harrington Smith, Jr. and not Robert M. Rhodes and Dudley H. Rinker. Upon motion made by Charles W. orndoff, sr., seconded by James L. Longerbeam, to approve the minutes of the Regular Meeting of March 11, 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 56"4 It was noted that in the minutes of the Special Meeting of March 24, 1992, Page 2, under "Minutes - Approved as Amended", first paragraph should read "Mr. smith noted...." and not "Mr. Orndoff" and third paragraph should read "Mr. Orndoff...." and not "Mr. Smith". Page 14, third paragraph, the name should read "David Kollar" and not "David Coulter". On Page 16, it should read that Mr. Smith and Mr. Orndoff first and seconded the motion to close the public hearing on the budget. Upon motion made by W. Harrington smith, Jr., seconded by Robert M. Sager, to approve the minutes of the Special Meeting of March 24, 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 CLOSING OF COUNTY OFFICES FOR APPLE BLOSSOM FESTIVAL - APPROVED UNDER THE CONSENT AGENDA Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the closing of county offices on Friday, May 1, 1992, in observance of the Shenandoah Apple Blossom Festival 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 APPOINTMENTS MADE TO COUNTY MANAGEMENT STUDY COMMITTEE Mr. Dick made the following appointments to the newly created County Management Study Committee: James L. Longerbeam, Chairman W. Harrington Smith, Jr. Richard G. Dick CHARLES W. PHARES APPOINTED TO SANITATION AUTHORITY FROM SHAWNEE DISTRICT Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., to appoint Charles W. Phares to serve on the Sanitation Authority as the representative from Shawnee 565 District, for a four year term, said term to commence April 15, 1992 and expire April 15, 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 THE COUNTY POLICE COMMISSION Mr. Dick made the following appointments to the newly established County Police Commission: will Owings, Chairman, Opequon District Arthur Dunlap, Shawnee District Jane McAllister, stonewall District David Lewis, Gainesboro District Don Collins, Back Creek District. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Sager, to approve the above individuals to serve on the County Police commission. 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. Riley explained that all individuals will be contacted with regard to the scheduling of an organizational meeting. VACANCIES ON SHAWNEELAND SANITARY DISTRICT ADVISORY COMMIT- TEE - NAMES TO BE PLACED ON BALLOT - APPROVED UNDER THE CONSENT AGENDA Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the following names were approved to be placed on the ballot for the upcoming vacancies on the Shawnee- land Sanitary District Advisory Committee under the Consent Agenda by the following recorded vote: Dorothy Ann Stant Edward Rich, Jr. Jack C. Williams Diana D. Cleveland 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 566 CORRESPONDENCE FROM LORD FAIRFAX PLANNING DISTRICT COMMIS- SION HE: SHENANDOAH VALLEY AMERICAN BATTLEFIELD HERITAGE AREA COMMITTEE - APPROVED UNDER THE CONSENT AGENDA It was recommended by County Administrator John R. Riley, Jr. that June wilmot and Robert W. Watkins be appointed to serve on the Shenandoah Valley American Battlefield Heritage Area Committee. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, sr., the above recommendation 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 CORRESPONDENCE FROM THE CHILD-PARENT CENTER RE: HEALTHY. HAPPY CHILDREN' S DAY - APPROVED UNDER THE CONSENT AGENDA It was requested that the Board of Supervisors declare April 25 as Happy, Healthy Children's Day and that April be declared as Child Abuse Prevention Month. Upon motion made by w. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the above request 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 PROCLAMATION RE: KOVAR WEEK (KNIGHTS OF VIRGINIA ASSIST- ANCE FOR THE RETARDED) - APPROVED UNDER THE CONSENT AGENDA Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the following proclamation was approved under the Consent Agenda by the following recorded vote: WHEREAS, some of our most valued citizens, our retarded brothers and sisters, are in need of help from their fellow citizens; and WHEREAS, the 10,000 Knights of Columbus in Virginia, in their charitable and patriotic role as sponsors of KOVAR (The Knights of Virginia Assistance for the Retarded) have donated more than $2,800,000 since 1972 for allocation to 100 ongoing organizations effectively assisting the retarded; and WHEREAS, the efforts of the Knights of Columbus have resulted in more than $40,000 in grants to local organizations, including Northwestern Workshop, Grafton School, Baker House and the Association for Retarded citizens of Winchester/Frederick County; and 567 . WHEREAS, i~ last,Y7ars Tootsie Roll Weekend, Virginia Knlghts and thelr famllles raised over $390,000 and set their 1992 goal at $400,000. NOW, THEREFORE, BE IT RESOLVED, that, as Chairman of the Frederick County Board of Supervisors, I do proclaim April 23 - April 26, 1992 as KOVAR TOOTSIE ROLL WEEKEND in Frederick County and urge all citizens of the county to support this worthy cause. 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 RESOLUTION OF APPRECIATION TO MIDDLETOWN VOLUNTEER FIRE AND RESCUE COMPANY - APPROVED UNDER THE CONSENT AGENDA Upon motion made by W. Harrington smith, Jr., seconded by Charles W. Orndoff, Sr., the fOllowing resolution was approved under the Consent Agenda by the fOllowing recorded vote: WHEREAS, Fire and Rescue Services to the citizens of Frederick County have, for several decades, been provided by a dedicated Corp of volunteers; and WHEREAS, Over the years, volunteer Firefighters and medical technicians have provided exemplary fire protection and emergen- cy medical services in the truest spirit of neighbor helping neighbor; and WHEREAS, In 1942, a group of concerning neighbors in the Middletown area came together to serve the common interest of public safety and formed the Middletown Volunteer Fire Company; and WHEREAS, Since that time, the Middletown Volunteer Fire Company has expanded their mission to include emergency medical services and has established a sound record of dedicated service to the community; and WHEREAS, The exemplary service rendered by the Middletown Volunteer Fire and Rescue Company has touched the lives of thousands of their neighbors and made the Middletown Community and Frederick county a better place to live and work. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors, on behalf of the citizens of Frederick County, expresses its deepest gratitude to the Middletown Volunteer Fire and Rescue Company for 50 years of dedicated fire and rescue service to the community; and BE IT FURTHER RESOLVED, that the Frederick county Board of Supervisors extends its best wishes to the Middletown Volunteer Fire and Rescue Company for continued success, prosperity, and many more years of dedicated service to the community. PASSED this 8th day of April, 1992. 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 568 RESOLUTION FROM THE ECONOMIC DEVELOPMENT COMMISSION RE: SMALL ISSUE INDUSTRIAL DEVELOPMENT BONDS - APPROVED UNDER THE CONSENT AGENDA Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the following resolution was approved under the Consent Agenda by the following recorded vote: WHEREAS, the use of industrial development bonds has been a valuable tool in financing manufacturing facilities in winchester and Frederick County; WHEREAS, since 1983 there have been a total of eight issues with an investment value of $15.9 million used to finance facilities for seven manufacturing operations in our community; WHEREAS, these bonds have been used to assist both existing industry to expand, as well as for new business locations; WHEREAS, these bonds have been used by small, as well as large companies; WHEREAS, these companies currently provide employment opportunities for 1,313 persons. THEREFORE, BE IT RESOLVED, that the Frederick County Board of supervisors supports Federal legislation which extends the use of issue industrial development bonds for these purposes. 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 MEETINGS TO BE HELD WITH THE DEPARTMENT OF SOCIAL SERVICES AND LORD FAIRFAX HEALTH DEPARTMENT Mr. Riley stated that May 7 has been scheduled for orienta- tion meetings with the Department of Social Services at 9:00 A.M. and the Lord Fairfax Health Department at 10:00 A.M., and asked if Board members had a conflict with either time that they please contact his office. MEMORANDUM RE: PAYMENT OF BILLS-CITY OF WINCHESTER - APPROVED UNDER THE CONSENT AGENDA It was recommended that the county pay the city $158,174 for the central dispatch operations for three and one-half years of operation and payment of $26,362 for the county's share of two dispatchers hired for the central dispatch operations, total payment to the city being $184,536. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the above was approved under the Consent Agenda by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye 569 James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. orndoff, Sr. - Aye DRAFT LETTER RE: HEADSTART PROGRAM - APPROVED UNDER THE CONSENT AGENDA Upon motion made by W. Harrington smith, Jr., seconded by Charles W. Orndoff, Sr., the draft letter regarding the Headstart Program 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 ADOPTION OF COUNTY FISCAL YEAR 1992-1993 BUDGET - APPROVED Mr. Riley read the following resolution: WHEREAS, a notice of public hearing and budget synopsis has been published and a public hearing held on March 24, 1992, in accordance with Title 15.1, Chapter 4, Section 15.1-162, of the Code of Virqinia, 1950, as amended; THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Frederick, Virginia, that the budget for the 1992-1993 fiscal year as advertised in The Winchester Star on March 14, 1992, as amended be hereby approved in the amount of $87,215,561.00, and that appropriations in the amount of $87,215,561.00 be hereby authorized for the 1992-1993 fiscal year; and, BE IT FURTHER RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, does herein adopt the tax rate for the 1991 assessment year at the rate of .43~ to be applied to real estate, the rate of $4.25 to be applied to personal property, the Business and Professional Occupational License rates are as follows: retail .20~ per $100 of gross receipts, contractors .16~ per $100 of gross receipts, profes- sional services .58~ per $100 of gross receipts, personal and business .36~ per $100 of gross receipts, wholesale .5t per $100 of purchases and the rate of $2.00 on declining values to be applied to machinery and tools. BE IT FURTHER RESOLVED, that appropriations are hereby authorized for the central stores funds, special welfare fund, health insurance fund, airport authority capital & operating fund and unemployment compensation fund equal to the total cash balance on hand at July 1, 1992, plus the total amount of receipts for the fiscal year 1992-1993. Mr. Sager moved for approval and Mr. Smith seconded the motion. Mrs. Sherwood requested the following amendments to the budget: Donations be made to the following organizations: $10,000 to the Salvation Army building fund. - _._--~---- ---------- .._--~- 570 Mr. Orndoff explained he had voted against this in commit- tee, however, if the revenues are there, he will vote to approve this donation. Upon motion made by Beverly J. Sherwood, seconded by W. Harrington smith, Jr., to approve the above donation. 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 $3,325 to The Shelter for Abused Women. Upon motion made by Beverly J. Sherwood, seconded by Charles W. Orndoff, Sr., to approve the above donation. 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 $1,425 to the Shenandoah Independent Living Council. Upon motion made by Beverly J. Sherwood, seconded by Charles W. Orndoff, Sr., to approve the above donation. 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 $100 to the Federation of the Blind. Upon motion made by Beverly J. Sherwood, seconded by W. Harrington Smith, Jr., to approve the above donation. 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. Dick stated he would like for the Board to consider giving The Youth Development Center $50,000. 571 Mr. Longerbeam stated if the Board agreed to this donation that he would like to see it earmarked for use at the activity center only. Upon motion made by James L. Longerbeam, seconded by Robert M. Sager, to give The Youth Development Center $50,000 in this year's budget and be earmarked for use in the activity center only. 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 Mrs. Sherwood questioned the funds that have been coming back to the schools as it was her understanding that this Board would decide whether or not these funds would be given to the School Board. Mr. Dick replied that was correct. The 1992-1993 Fiscal Year Budget and resolution was approv- ed as amended 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 ADOPTION OF ANNUAL DEPARTMENTAL WORK PROGRAMS - APPROVED Upon motion made by Robert M. Sager, seconded by W. Harrington smith, Jr., to approve the adoption of the Annual Department Work Programs. 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. Dick made the following statement at this time with reference to the 1992-1993 budget: The Frederick County Board of supervisors appreciates the concerns voiced and patience demonstrated by the majority of county employees with regard to salary increases. We are aware that not being able to fund pay raises this year does not promote enthusiasm nor boost morale. 572 We believe however, that most of our county employees, I ., . including our teachers, can and do recogn~ze the restr~ct~ve state of today's economy. This Board realizes that even knowing and understanding that economic conditions dictate this hold on salaries, does not lessen employee disappointment. Be assured, however, that we are also aware of the dedica- tion, quality work performance, and service over and above job requirements, shown by our county workforce. We are most fortunate and grateful to have such high caliber personnel. 1992-1993 CAPITAL IMPROVEMENTS PLAN - APPROVED AS AMENDED Planning Director Robert W. Watkins presented this plan and explained that the James Wood Ridge Campus conversion should be added as item number three. Upon motion made by Robert M. Sager, seconded by Charles W. Orndoff, Sr., to approve the 1992-1993 Capital Improvements Plan 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 LANDFILL TRANSFERS REOUEST - APPROVED Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., to approve the following Landfill transfers as presented: Line Item Transfer for Professional Services-Landfill Refuse Disposal Fund The following appropriations should be taken from line item 12-4204-5806-00 and allocated to line item 12-4204-3002-00: Waste Stream Analysis Part "B" Design Installation of Dedicated Pumps Water Testing TOTAL $ 50,000.00 40,000.00 25,000.00 15,000.00 $130,000.00 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 TO VACATE MILAM DRIVE - TABLED Mr. Craig Stoner, partner of S&S Partnership, appeared before the Board and stated he had seen nothing in writing with 573 regard to any type of agreement, and until such time as this agreement is made available to them, they will continue to wait. Mr. David Pacini, purchaser of the property in question, appeared before the Board and stated he was very anxious for the county to settle this matter as it had been two years since they had purchased the property. Mr. Riley explained he felt this could all be worked out with staff and would ask the Board to approve the request for a public hearing. Upon motion made by W. Harrington smith, Jr., seconded by Robert M. Sager, to approve the vacation of Milam Drive to be advertised for public hearing as soon as possible. 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 CRAIG LOW. REPRESENTATIVE OF APPLE RIDGE HOMEOWNERS ASSOCIATION . ADDRESSED THE BOARD Mr. craig Low, President Elect of the Apple Ridge Homeown- ers Association, appeared before the Board and read a letter the association had written to Planning Director Robert Watkins. He started to read the reply the association had received from Mr. Watkins at which time Mr. Dick informed Mr. Low that each Board member had received a copy of both letters and that it was not necessary to read any further correspondence. Mr. Low stated the association was not completely happy with Mr. Watkins' response and that some questions were being ignored, and that no date was being given as to when this matter would be settled on the part of the county. Mr. Dick explained to Mr. Low that all of the association's concerns were being considered and at such time as there were any new developments with regard to this situation, the associa- tion would notified. He further explained the county is working to try and resolve this matter, however, it is not necessary for him to come to every Board meeting to give an update, the Board 574 will be doing what is necessary to resolve this situation, and for now it is time to move on to other matters. Mr. Longerbeam stated he felt the association needed to control the "rumor mill". The Board will not make a blanket statement to take care of everything that he and the association felt is wrong with the subdivision. Mr. Sager stated the county has outlined what they are willing to do, and he felt that is all that is necessary. Mr. Low continued to ask questions, however, Mr. Dick informed him he had used his allotted time. RESOLUTION FROM VIRGINIA DEPARTMENT OF TRANSPORTATION RE: ROUTE 522 SOUTH - APPROVED UNDER THE CONSENT AGENDA Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the following resolution was approved under the Consent Agenda by the following recorded vote: WHEREAS, primary Route 522 from 6.202 miles south of the West Virginia State line to 3.535 miles south of the West Virginia state line has been altered and a new road constructed and approved by the Commonwealth Transportation Board. This new road serves the same citizens as the road so altered. WHEREAS, the new road follows the same location as existing Route 522 being shown on the attached sketch entitled "Change in the Primary System Due to Relocation and Construction on Route 522, project #6522-034-109, C501". NOW, THEREFORE, BE IT RESOLVED, a portion of primary Route 522, i.e. shown as Section #1 shaded in brown on the attached sketch dated January 14, 1992 from station 883+00 to Station 898+97 a total distance of 0.34 mile being the same is hereby recommended abandoned as a public road pertinent Section 33.148 of the 1950, Code of Virqinia, as amended. 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 RE: KURTZ PROPERTY - PUBLIC HEARING TO BE SCHEDULED AND ADVERTISED Upon motion made by w. Harrington Smith, Jr., seconded by Robert M. Sager, to agree to release the county's current option of the Kurtz property with the understanding that if the Kurtz property ever becomes property of the City of Winchester, then the county's option automatically reverts back to the county. To schedule the pUblic hearing date for May 13, 1992. The above motion was passed by the following recorded vote: Richard G. Dick - Aye 575 W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. orndoff, Sr. - Aye MR. BILL JONES. REPRESENTATIVE OF THE FRIENDS OF THE SUMMIT. ADDRESSED THE BOARD Mr. Bill M. Jones, representative of The Friends of The Summit, appeared before the Board and read a prepared letter. He outlined various concerns of some of the citizens living in The Summit, such as how The Summit is being run, the lack of planning, and the management of the utility company. He stated there are currently four hundred occupied homes in The Summit and an additional fifty ready to be occupied. He explained he felt the solution to a lot of the problems would be to have an independent evaluation done. Mrs. Sherwood stated she felt this development was an asset to the county and knows there are concerns. She asked Mr. Ambrogi, County Attorney, to please research this and report back to the Board as to whether there is anything legally the Board can do, and if they can get involved. CORRESPONDENCE FROM VIRGINIA EMPLOYMENT COMMISSION RE: JOB SERVICE PLAN FOR SERVICE DELIVERY AREA IV FOR PROGRAM YEAR 1992 - APPROVED UNDER THE CONSENT AGENDA Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the Job Service Plan for service Delivery Area IV for Program Year 1992 from the Virginia Employ- ment Commission was approved under the Consent Agenda as pre- sented 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 PUBLIC HEARING: TO ENACT AN ORDINANCE PURSUANT TO THE CODE OF VIRGINIA. 1950. AS AMENDED. SECTION 15.1-377. TO ALLOW FOR THE ENCROACHMENT ON COUNTY OWNED PROPERTY FOR THE PURPOSE OF ACCESS TO A GROUNDWATER WELL LOCATED IN THE SHAWNEELAND SANITARY DISTRICT. SECTION 9. LOTS 7 AND 8 - APPROVED Upon motion made by James L. Longerbeam, seconded by W. Harrington Smith, Jr., to approve the following: WHEREAS, an application of James R. Warren has been made for adoption of an ordinance permitting the presently existing 576 encroachment upon the property of the county under and upon the public street known as Chippewa Trail in Shawneeland, Back Creek District for a well erroneously constructed thereon which , . serves the property known as Lots 7 and 8, Sect10n 9, Shawnee- land of the applicant, such encroachment being as more particu- larly shown on the plat of Thomas A. Shockey, dated November 4, 1991, which is incorporated herein by this reference; and WHEREAS, such proposed ordinance having been duly adver- tised and a public hearing having been duly held thereon. NOW, THEREFORE, BE IT KNOWN, that, upon motion duly made by , and seconded by and upon the votes as recorded hereinafter, this ordinance is hereby adopted as follows: The County of Frederick, Virginia, authorize James A. Warren, their heirs, successors, or assigns, to maintain the well and necessary pump and piping presently existing as an encroachment under and upon the public street known as Chippewa Trail, in Shawneeland, Back Creek District, to service, and for the benefit of the property known as Lots 7 and 8, section 9, Shawneeland, and none other, and to the extent necessary to enter and excavate upon and under Chippewa Trail to maintain and repair such well, pump, and piping, provided, however, that those exercising any such authority shall restore such property to its condition at their sole expense. Such authority to so encroach shall continue until such time as such encroachment is destroyed or removed, or until this ordinance is repealed, deleted, or superseded by further action of the governing body, whichever occurs sooner. Such authority shall not be construed to relieve said owners or their successors of any negligence on their part on account of such encroachment. 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. ACTIVITY REPORT. MARCH 16-31. 1992 - RECEIVED AS INFORMA- TION PLANNING COMMISSION BUSINESS: PUBLIC HEARING: PROPOSED LOCATION OF A REALIGNMENT OF ROUTE 642 FROM ITS INTERSECTION WITH ROUTE 647 EASTWARD TO ROUTE 522. THE PROPOSED REALIGNMENT WOULD BE LOCATED SOUTH OF THE EXISTING SECTION OF ROUTE 642 - APPROVED Deputy Director of Planning and Development Kris Tierney appeared before the Board and outlined by way of a map exactly where the alignment of 642 would be constructed. Mr. Chuck Maddox, of G. W. Clifford Associates, explained about the right-of-ways and what was planned with regard to how 577 wide the road would be and the type of paving that would be used. Mr. Sager inquired about the light control for the inter- section of Route 642 and 647. Mr. Maddox stated he felt confident that there would be a light at this location. There was no public input with regard to this public hearing. Mr. W. Harrington Smith, Jr. moved for approval of the realignment of Route 642 at this time and Mr. Robert M. Sager seconded. Mr. Dick asked why the present 642 could not be expanded. Mr. Tierney replied this possibility was explored, however, due to homeowners' property fronting on 642, this would elimi- nate most if not all of their front yard. Mr. Dick asked how many houses were on 642, that this would eliminate going on the south side. Mr. Riley explained some of the thinking that went into 642 being designed as a collector road, and if the present 642 is designed to be the major collector you create some inherent traffic conflicts with numerous driveway entrances. Mr. Maddox replied in answer to Mr. Dick's question that there would be four houses going south. Mr. Dick stated he did not feel that four houses was too numerous. Mr. Maddox explained it was less expensive to build a new road then what is involved in realigning an existing road. Mr. Dick also inquired about what is planned for 642 where it enters 522 at Macadonia Church. Mr. Maddox explained at this point it is scheduled to be dead ended. Mr. Dick asked about fire and emergency equipment and their gaining access to this area of 642. He explained he had re- viewed this proposed plan for the first time this date and he did have a lot of concerns about it. Mr. Dick further explained he did not feel the county was looking in the direction that 578 they should be as far as this project is concerned. He asked how many new homes this would bring in, which meant more new schools, and all of this concerned him. Mr. Longerbeam stated he felt all of the proffering had been done for the rezonings. Mr. Dick asked if this was correct, is this a dead issue. Mr. Watkins stated the land is rezoned essentially on the south side to Route 636, and on the north side through the bend to Macadonia Church. Mr. Dick asked if this is a done deal. Mr. Longerbeam stated he felt the proffering is. Mr. Riley stated that you can give them all their money back, you can downzone it, and be done with it. You will pay Mr. Maddox for the work that he has done, and walk away from it, but you will pay for it in the next twenty years. Mr. Dick asked if we walk away from it, how many houses are in this area. Mr. Watkins stated he did not have that information at this time, but he could certainly get it. Mr. Longerbeam explained he did not feel the county could go back at this time and say they are not going to build 642 and take the zoning away. Mr. Orndoff stated it could be downzoned, but it would cost to do so, and this could only be done if the owner was in agreement to do so. Mr. Longerbeam stated that is correct, and he could not see that the county will get much interest in that. Mr. Orndoff explained that if his calculations were correct he would say that you are looking at approximately nine hundred houses that could be built. Mr. Dick asked how many houses per school, as the county now has a debt that is zooming through the ceiling building schools. He stated he was not against subdivisions and develop- ment at all, however, he felt that sometimes the county needs to get its monies worth. He further stated he felt these matters need to be rezoned on their own merit, and no deals cut. 579 Mr. Longerbeam stated he attended most of the public hearings and he did not feel that is the case with this particu- lar road, as he felt the land would have been rezoned regardless of whether 642 was rebuilt or not. Mrs. Sherwood stated she felt Mr. Longerbeam was correct inasmuch as the issues Mr. Longerbeam raised were not issues that were discussed at the Planning commission level, and she felt that control was lost at the time of rezoning. Mr. Dick stated he understood that, but he did not like the things that this present Board inherited and he was very unhappy about it. Mr. Orndoff stated that a lot of the rezonings he too had inherited from previous boards. Mr. Sager stated the Board was getting ready to build new roads when the ones the county presently has cannot be improved. He further referred to the high traffic counts on various roads within his district such as 642 and 647, yet 647 remains number five on the Secondary Road Improvement Plan. Mrs. Sherwood explained she felt the county needed to continue to plan roads. Mr. Sager moved for the approval and Mrs. Sherwood seconded for approval of this plan for Route 642. Mr. Sager said just the intersection. Mr. smith questioned just the intersection. Mr. Sager replied that this is all that was being proposed, correct. Mr. Smith replied no, we are talking about the intersec- tion, east all the way to Route 522. Mr. smith stated he would make a motion on the whole road. Mr. Sager withdrew his motion at this time. Mrs. Sherwood seconded Mr. smith's motion. The above motion was passed by the following recorded vote: w. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye Richard G. Dick - Nay Robert M. Sager - Nay 580 Mr. Sager stated that sometimes it is very difficult when you come in on the tail end of an issue, and his vote reflected that he did not feel that he had adequate information in order to vote any other way at tonight's meeting. Mr. Dick stated that he too would echo Mr. sager's comment as he had just seen the map for the first time today and did not feel that he was fully prepared, therefore he voted no. Mr. Longerbeam stated he could sympathize with what Mr. Dick and Mr. Sager said, however, in the future if any Board member did not feel comfortable with an item that was being scheduled for public hearing, that it should be deferred in order to prevent something such as this happening again. End of Planning Commission Public Hearings. OTHER PLANNING ITEMS: MASTER DEVELOPMENT PLAN - VILLAGE AT SHERANOO- APPROVED Mr. Kris Tierney presented this master development plan request and stated the plan has been revised from the Planning Commission meeting, and that the Planning commission and staff recommended approval. Mr. Tierney explained that at the Plann- ing commission meeting an issue was raised with regard to Warrior Road, or referred to as Golladay Road, as it goes through this development and proceeds north into Fredericktowne. The Planning staff is working with the applicant, representa- tives of Clifford and Associates, as well as the county Parks & Recreation Department, to try and relocate the section of the road that is scheduled to go through Fredericktowne. He stated if the relocation can be worked out, it would involve approxi- mately five acres of land. He stated the applicant had ex- pressed a willingness to relocate this section of road if it can be worked out. Mr. Watkins stated the issue of Warrior Road would be coming to the Planning Commission on May 6. Mr. Rick Ours, resident of Westmoreland Drive in Frederick- towne Estates, appeared before the Board and stated that a number of his neighbors were present and he would like to express the concerns they all have concerning Warrior Drive and 581 its proposed location with regard to Fredericktowne Subdivision. He stated their main concern was the increased traffic that would be a result of this road being available to so many residents living in this immediate area, and in return the dangerous situation that would be created as a result of the increased traffic to all the smaller children living in this area. Mr. Joe Echert, resident of what is soon to be called warrior Drive, having lived in the area for a little over two years, addressed the Board. He stated he too was concerned about the increase in traffic and asked the Board to please look at all options available to them before making a final decision. Mr. Greg McKee, resident of Westmoreland Drive, referred to a recent article in the local paper referring to a remark made by virginia Department of Transportation officials saying that it would be necessary for a traffic light to be installed across the street from the newly constructed Sherando High School, and he was not aware of too many sUbdivisions in Frederick County that had to have a traffic light in order to allow access in and out. He stated he also felt this road would jeopardize the safety of the neighborhood children and this was their main concern. Mr. Mark Howard, resident of Westmoreland Drive, explained that he too was concerned about the increased traffic that would be a result of this street being constructed in their neighbor- hood, but he was also concerned about the drainage problems that would be caused by this const:ruction, he therefore requested the Board take a look at the problems that currently exist there, and not add any additional ones by constructing this road at the location it is presently being called for. Mr. Ours addressed the Board and basically summarized what had been expressed by other citizens from the Fredericktowne Subdivision Estates. Mr. Ours at this time presented a petition to the Board that supported t.heir concerns on this matter. 582 Mr. Longerbeam asked Mr. Ours if this street were con- structed to the east behind the subdivision, along the property line, into the park land, would that be sufficient. Mr. Ours, replied, yes that would be acceptable. Mr. Doug Carlson, resident of Montgomery Circle, objected to this and stated he is definitely not in favor of this route as explained by Mr. Longerbeam. Mr. Ours, replied this route would be the lesser of the two evils. Mr. Carlson, stated that whether this new road goes through Golladay, Warrior, whatever, or behind, and Westmoreland still connects, that is unacceptable because people will still travel through their subdivision to get to that road that connects to 277, so they can have a shorter access. Mr. Longerbeam asked Mr. Carlson how he would propose for the residents of Fredericktowne Estates to get onto Warrior Road, to go northside. Mr. Carlson replied that he would not propose it. Mr. Longerbeam asked Mr. Carlson if he was aware that there was already an access through Jefferson village that will allow most of Fredericktowne to go to Route 277. Mr. Carlson replied that he was not sure where Jefferson Village was. Mr. Carlson further stated he felt the road that is being considered is somewhat of a relief valve for planning that was not done when Sherando High School was proposed. Mr. Riley suggested this be scheduled to go back to the Transportation Committee and the Planning commission, and further that this be tabled for now, and once these committee members have had their input, then the Board will have more information in order to discuss this further before voting on it. Mr. Watkins explained that all that was to be considered tonight was the changing of one small section where the plan calls for the change from single family homes to patio homes. He felt there was a strong commitment from the Planning 583 commission that there should not be a major north/south road through Fredericktowne Estates. Upon motion made by Robert M. Sager, seconded by Beverly J. Sherwood, to approve the master development plan of the Village at Sherando. The above was passed by the following recorded vote: Richard G. Dick - Aye w. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Nay James L. Longerbeam - Abstained MASTER DEVEWPMENT PLAN - BATTLEFIELD PARTNERSHIP - APPROVED UNDER THE CONSENT AGENDA Upon motion made by w. Harrington smith, Jr., seconded by Charles w. Orndoff, Sr., the master development plan of Battle- field Partnership 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 ROAD NAME CHANGE REOUEST AND WCATION REDESIGNATION - RITTER MOUNTAIN DEVELOPMENT - APPROVED UNDER THE CONSENT AGENDA Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the road name change request and location redesignation of Ritter Mountain Development 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 End of Planning Commission Business. COMMITTEE REPORTS: PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER THE CONSENT AGENDA Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr., the following Parks and Recreation Commission Report was approved under the Consent Agenda by the following recorded vote: 584 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 Parks and Recreation Commission met on March 17, 1992. Members present were: Robert Roper, Carmen Rio, Joe Bishop, Cheryl Swartz, Charles Sandy, Jimmie Ellington, Beverly Sherwood. The following action was taken: Submitted for Information Only. Request for Impact Funds. APple Ridqe Homeowners Associa- tion The request was tabled until additional information is obtained from the association. Policy Changes Mr. Ellington moved to adopt updated policies as submitted, seconded by Mr. Sandy, carried unanimously (6-0). FY 1992-1993 Work Proarams Mr. Sandy moved to adopt the FY 1992-1993 Work Program, seconded by Mr. Bishop, carried unanimously (6-0). PERSONNEL COMMITTEE REPORT - APPROVED UNDER THE CONSENT AGENDA Upon motion made by W. Harrington smith, Jr., seconded by Charles W. Orndoff, Sr., the fOllowing Personnel 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 Personnel Committee met on April 1, 1992 with the following members present: James L. Longerbeam, Chairman; Beverly Sherwood, Ralph Lewis, Colleen Bly, John R. Riley, Jr, Stephen F. Owen and Ann K. Kelican. Ed Keenan was absent. Also present were Ken Wiegand, Regional Airport Manager; and Extension Agent Dr. Gary DeOms. The committee submits the following report and recommenda- tions to the Board of Supervisors for consideration: 585 Winchester Reaional Airport Manaaer's Request for Staffinq Restructure Mr. Ken Wiegand, Winchester Regional Airport Manager, appeared before the committee and presented the attached request for staffing restructure to better utilize personnel at a cost savings of approximately $7,000. This proposal would not require additional personnel. The committee recommends approval of this request. End of Committee Reports. EVALUATION OF TOM W. OWENS. DIRECTOR OF FIRE AND RESCUE - APPROVED Upon motion made by W. Harrington Smith, Jr., seconded by James L. Longerbeam, to approve the evaluation of Tom W. Owens, Director of Fire and Rescue, as submitted. Mr. Longerbeam stated he would like to add that he felt Mr. Owens has done a super, super job. 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 THERE BEING NO FURTHER BUSINESS TO DISCUSS. THE BOARD OF SUPERVISORS ADJOURNED. I- visors