HomeMy WebLinkAboutApril 22, 1992 Regular Meeting
586
A regular meeting of the Frederick County Board of Supervi-
sors was held on April 22, 1992, at 7:15 p.m., in the Board of
Supervisors' 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 Ruth Crum Stotler of the
zion Christian Fellowship.
ADOPTION OF AGENDA
Upon motion made by Robert M. Sager, seconded by W.
Harrington Smith, Jr., to adopt the agenda 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
CONSENT AGENDA
Supervisor Smith requested the following tabs be approved
under the Consent Agenda:
1. Tab B - Resolution Regarding "Shenandoah Valley
Week" ;
2. Tab J - Proposal from Frederick County Planning
Deparment Regarding Battlefield Tour Task Force; and
3. Tab K - Transportation Committee Report.
Upon motion made by W. Harrington Smith, Jr., seconded by
Robert M. Sager, 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
MR. HIKE LUBY APPOINTED TO THE SHENANDOAH VALLEY PRIVATE
INDUSTRY COUNCIL - APPROVED
587
Upon motion made by W. Harrington Smith, Jr., seconded by
Charles W. Orndoff, Sr., to appoint Mike Luby to the Shenandoah
Valley Private Industry council, said term to commence April 22,
1992, and expire April 22, 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
Robert M. Sager - Aye
Beverly J. Sherwood - Aye
Charles W. Orndoff, Sr. - Aye
RESOLUTION REGARDING SHENANDOAH VALLEY WEEK - APPROVED
UNDER THE CONSENT AGENDA
Upon motion made by W. Harrington smith, Jr., seconded by
Robert M. Sager, to approve the following resolution from the
Shenandoah Valley Travel Association:
WHEREAS, Shenandoah Valley Travel Association (formerly
Shenandoah Valley, Inc.), was formed in 1924 with the object and
purpose of promoting the rich, natural, scenic and historic
resources and attractions of the Shenandoah Valley. SVTA was
instrumental in the establishment of the Skyline Drive,
Shenandoah National Park and the Shenandoah Apple Blossom
Festival; and
WHEREAS, Shenandoah Valley week has been proclaimed by many
Governors to call public attention to the history, natural
wonders, beauty and important economic impact the tourism
industry has in the Valley; and
WHEREAS, The Governor of the commonwealth of Virginia, L.
Douglas Wilder, has been pursuing a Rural Development Initiative
which includes tourism as an essential part of the program; and
WHEREAS, The Tourist Season for this year is approaching
and National Tourism Week is May 3 through 9.
BE IT RESOLVED, The Board of Supervisors for the County of
Frederick, Virginia, hereby endorses the efforts of the
Shenandoah valley Travel Association to have the Governor of the
Commonwealth of virginia proclaim the week of April 26 through
May 1 as Shenandoah Valley Week.
BE IT FURTHER RESOLVED, The Board of supervisors will
encourage its citizens, businesses and civic groups to work
together to beautify the community for the tourist season; and
BE IT FURTHER RESOLVED, The Board of supervisors will
encourage its citizens to extend to each visitor that world
famous Shenandoah Valley hospitality each and every day.
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
GYPSY HOTH PROGRAM COORDINATOR BRENDA DIEHL ADDRESSES BOARD
REGARDING THE UPCOMING GYPSY MOTH TREATMENT PROGRAM
588
Brenda Diehl addressed the board regarding the county's
upcoming treatment program for gypsy moth. The aerial treat-
ments will take place sometime in May and Ms. Diehl invited the
board members to join her if interested. This program, as
detailed in the attachment, has been very effective in treating
the gypsy moth problem and improvements have been seen through-
out the county. A handbook was also passed out to the board
members that will acquaint them with the program and help answer
questions when constituents call with gypsy moth problems.
PUBLIC HEARING
FREDERICK COUNTY SANITATION AUTHORITY ARTICLES OF INCORPO-
RATION AMENDMENT - APPROVED
Assistant County Administrator stephen F. Owen presented a
request from Sanitation Authority Engineer-Director wellington
H. Jones for the board to approve an amendment to the Frederick
County Sanitation Authority's Articles of Incorporation which,
if approved, will compensate the Frederick County Sanitation
Authority members at $60 per month.
Mr. Jones appeared before the board to answer any ques-
tions. He explained that in 1972, the Frederick County Board of
Supervisors did approve compensation for the authority members
who served, however, in 1988, a clerical error was made to the
articles of incorporation changing compensation for authority
members from with compensation to without compensation. Mr.
Jones explained that compensation fees will be paid from
authority funds and not county revenue funds. Mr. Jones felt
the compensation request of $60 was low considering the amount
of time and effort the authority members contribute to the
authority.
Ms. Urve Crowder, Gainesboro District, appeared before the
board. She stated that she felt the authority members should
serve without compensation and the money saved could be used for
teacher salaries. If salaries were frozen by the county,
compensation for committee members should be frozen or deleted
altogether. She also stated that the agenda was generally
worded regarding this public hearing item and felt more informa-
tion should be included in the county's agenda meeting notice
589
(please note that the resolution was advertised in its entirety
for a public hearing on March 19, 1992).
No one else spoke opposing or in favor of this public
hearing item.
Upon motion made by Robert M. Sager, seconded by W.
Harrington Smith, Jr., to approve the following resolution:
A RESOLUTION TO AMEND THE ARTICLES OF INCORPORATION OF THE
FREDERICK COUNTY SANITATION AUTHORITY TO PERMIT THE BOARD OF
SUPERVISORS TO FIX THE COMPENSATION OF THE MEMBERS OF THE
AUTHORITY .
RESOLVED, that the Articles of Incorporation of the Freder-
ick county Sanitation Authority adopted April 10, 1967,
(Certificate of Incorporation issued by State Corporation
commission August 1, 1967) and subsequently amended by
Certificates of Amendment issued by the State Corporation
Commission March 9, 1971, October 24, 1985 and April 8, 1988, be
further amended by Articles of Amendment in the fOllowing form:
ARTICLES OF AMENDMENT
OF
FREDERICK COUNTY SANITATION AUTHORITY
L The name of the Authority is "Frederick county Sanita-
tion Authority."
2. The amendment adopted is to strike Paragraph (b) of
the Articles of Incorporation and insert in lieu thereof the
following:
(b) The name of the incorporating political subdivi-
sion is
FREDERICK COUNTY, VIRGINIA.
There shall be six (6) members of the Authority (they being
the number of members of the Board of Supervisors of
Frederick County, Virginia). The names and addresses of
the members, each of whom maintains a residence in Freder-
ick county, Virginia, and the inspiration of the term of
office of each, are as follows:
NAME
ADDRESS
EXPIRATION OF
TERM OF OFFICE
James H. Diehl
HC 33, Box 621
WinChester, VA 22601
04/15/95
Donald R. Hodgson
1157 Greenwood Road
Winchester, VA 22601
04/15/92
Christopher A. Molden
2400 Valley Avenue
Winchester, VA 22601
04/15/95
Esten O. Rudolph, III
P.O. Box 87
Stephenson, VA 22656
04/15/92
Ned M. Cleland
P.O. Box 2220
WinChester, VA 22601
04/15/93
william F. Edmonson
Route 1, Box 64-A 04/15/94
Stephens City, VA 22655
The successor of each member shall be appointed by the
Board of County supervisors for a term of four (4) years
and until his successor shall be duly appointed and
590
qualify except that any person appointed to fill a vacancy
shall s:rrve only for the unexpired term. Any member of the
authority shall be eligible for reappointment.
Members of the Authority shall receive such compensation as
shall be fixed from time to time by resolution or
resolutions of the Frederick county Board of Supervisors,
and shall be reimbursed for any actual expenses necessarily
incurred in the performance of their duties.
3. The Articles of Amendment were approved by a Resolu-
tion of the Board of Supervisors of Frederick county, Virginia,
adopted on April 22, 1992, following a public hearing duly
called to be held on April 22, 1992, as provided by law.
IN WITNESS WHEREOF, the Board of Supervisors has caused
these Articles to be executed this 22nd day of April, 1992.
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 FOR APRIL 1 - 15. 1992
The activity report was presented and a question was made
regarding the county's compliance with the Americans with
Disabilities Act regulations. Mr. Owen reported that the
inspections department is very familiar with these regulations
and all new buildings are required to comply with these stan-
dards. The inspections department staff are also involved in
training some of the local architects. In an earlier meeting,
the board approved the services of The Moseley Group to do a
survey of the county offices and our compliance with same. The
inspections department has prepared their own survey and it has
been forwarded to The Moseley Group. The Moseley Group's survey
should be forthcoming soon.
Chairman Dick thanked the fire and rescue personnel, Fire
and Rescue Director Tom Owens, County Administrator John Riley,
and Steve Owen, for a job well done during the county's recent
heavy rainfalls in which flooding was experienced throughout the
county.
PLANNING COMMISSION
PUBLIC HEARING
CONDITIONAL USE PERMIT #004-92 OF DAVID A. DARNELL FOR A
TOOL AND DIE SHOP (COTTAGE OCCUPATION) -STONEWALL DISTRICT
APPROVED WITH CONDITIONS
59:1
Zoning Administrator Wayne Miller presented this condition-
al use permit noting that the Planning Commission had presented
a detailed review to the board and did recommend approval with
conditions. He also stated that condition number 6 recommended
by the planning staff was inadvertently deleted from the commis-
sion's conditions and asked that it be included in the condi-
tions if the permit was approved by the board. This property is
located on the West Side of Route 11, across from Clearbrook
Park in the stonewall District and is Identified as GPIN
330000A000164B.
A public hearing was held on this request. No one appeared
in favor or in opposition to this request.
Mr. and Mrs. David A. Darnell appeared before the board and
stated that the old vehicles parked on this property were old
sprayer vehicles used in the orchards and would be disposed of
as soon as possible. They had no problems with the conditions
as set forth by the Planning Commission.
Upon motion made by Charles W. Orndoff, Sr., seconded by
Beverly J. Sherwood, to approve Conditional Use Permit #004-92,
for David A. Darnell, for a tool and die shop, with the follow-
ing conditions:
1. Any change in use shall require a new conditional use
permit;
2. All materials and equipment associated with this
business shall be kept indoors;
3. No more than one sign shall be allowed and it shall be
limited to eight square feet;
4. Property must be in compliance with the zoning Ordi-
nance within thirty days of receiving CUP approval.
Any future noncompliance will result in the revocation
of this conditional use permit;
5. No structures shall be expanded to contain the use nor
new structures constructed for the use unless a
revised conditional use permit is obtained; and
6. No employees other than members of the family residing
on the premises shall be allowed.
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 #005-92 OF MARGARET AND JOHN KEELER
FOR A DOG KENNEL-oPEOUON DISTRICT - APPROVED WITH CONDI-
TIONS
592
zoning Administrator Wayne Miller presented this condition-
al use permit noting that the Planning commission had presented
a detailed review to the board and did recommend approval with
conditions. This property is located at the intersection of
Route 639 and 675 in the Opequon District and is identified as
GPIN 930000A0000540.
A public hearing was held on this request. No one appeared
in favor or in opposition to this request.
Mr. and Mrs John Keeler appeared before the board and
stated they did not have any problems with the conditions as set
forth by the Planning commission.
Upon motion made by Robert M. Sager, seconded by W.
Harrington smith, Jr., to approve Conditional Use Permit
#005-92, for Margaret and John Keeler, for a dog kennel with the
following conditions:
1. Any change in use shall require a new conditional use
permit;
2. All materials and equipment associated with this
business will be kept indoors.
3. No more than one sign shall be allowed, and it shall
be limited to eight square feet;
4. All dogs will be locked inside by 9:00 p.m.; and
5. No structures shall be expanded to contain the use nor
new structures constructed for the use unless a
revised CUP is obtained.
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
RESOLUTION FOR THE ABANDONMENT OF ROUTE 719 - APPROVED
Mr. Miller presented this resolution stating that the
county no longer has a need for this road to be in the state
system. He further explained that approval to build the new
landfill scale house will not be issued until a resolution is
approved abandoning Route 719 and forwarded to the Virginia
Department of Highways.
A public hearing was held on this abandonment request. No
one spoke in favor or in opposition to this request.
Upon motion made by W. Harrington smith, Jr., seconded by
Charles W. Orndoff, Sr., to approve the following resolution:
593
WHEREAS, it appears to the board that secondary Route 719,
a 60' right of way that extends from the intersection with state
Route 655 to a point 0.52 mile south, serves no public necessity
and is no longer necessary for the use of the Secondary Road
System of State Highways, and
WHEREAS, the Board of Supervisors adopted a resolution on
February 12, 1992, directing its intention to abandon this road
be posted and published. The required posting and publishing
having been accomp1ished.
NOW, THEREFORE, BE IT RESOLVED, the Board of Supervisors do
hereby abandon the above roadway pertinent to Section 33.1 - 151
of the Code of Virginia, 1950, 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
FREDERICK COUNTY SIX YEAR SECONDARY ROAD IMPROVEMENT PLAN -
APPROVED
Deputy Director of Planning and Development Kris Tierney
presented Frederick County's Six Year secondary Road Improvement
Plan. The Transportation Committee approved the plan in their
meeting of April 6, 1992. The Planning commission approved the
plan in their meeting of April 15, 1992, with two revisions.
Item #17 under New Hard Surface Road Improvements (page 4 of
plan), the commission recommended that the hard surface improve-
ments to the segment of Route 629 be extended to include the
gravel portion of Route 629 that is located between Cedar Creek
Grade (Route 622) and Middle Road (Route 628). The second
revision is to remove the addition of improvements to the bridge
over Opequon Creek on Cedar Creek Grade (Route 622) on the
1991-1992 plan as the result of an archeological survey. A
historic structure was found near the bridge, therefore, the
state will investigate the area. If this area is defined as a
historic structure, then the Virginia Department of Transporta-
tion cannot disturb it. The commission placed this item at the
end of the Incidental Construction section for now (item #21 on
page 6 of plan - it was higher than item #5 on page 5 of plan).
Supervisor Smith brought to the board's attention the
problem with Chinkapin Drive in the Lakeside area. The road is
rough and it is not even gravelled, therefore, citizens use
Hackberry Drive instead. He asked that Chinkapin Drive
594
improvements be done as soon as possible and he planned to
continue bringing this up until something is done.
Supervisor smith also stated that the Virginia Department
of Transportation has decided to treat the intersection on Route
656 as a separate project and will be working as soon as possi-
ble to improve this intersection.
supervisor Sager stated he had no problem with the plan but
stated that Route 647 (item #5, page 1, of plan) was completely
under water during the recent heavy rainfall experienced in the
county. He asked that a portion of this road, at least the
intersection, be improved to prevent flooding during heavy
rainfalls. He stated approximately 7,000 vehicles a day use
this road and something needed to be done soon.
Ms. Urve Crowder, Gainesboro District, appeared before the
board. Ms. Crowder asked why the Route 37 project was not
included on the secondary road improvement plan. She stated
that she felt the one million dollar plus funds should be
returned to the county to supplement teacher salaries. She
explained that she did not feel the county could afford to do
the Route 37 project as they are not able to fund other needed
services in the county.
Supervisor Sherwood stated that funding for primary road
improvements and the Route 37 projects was different than
funding for secondary road improvement projects.
Supervisor smith stated that in the county's proposed
budget for next year, the Board of Supervisors did not propose
any lay-offs of teachers to balance the budget.
Upon motion made by W. Harrington Smith, Jr., seconded by
Charles W. Orndoff, Sr., to approve Frederick County's Six year
Secondary Road Improvement Plan as follows:
MAJOR PROJECTS
Major projects are projects where reconstruction of hardsurfaced
(paved) roads is needed for safety reasons. Road width, align-
ment, strength and gradient improvements are considered for
major projects.
1992-1993 SIX-YEAR MAJOR PROJECT ROAD IMPROVEMENT PLAN
RANK
ROUTE
FROM
TO
ADT
DISTRICT
AVT.DT.
595
1. 661 Rt. 672 Rt. 663 *808 Stonewall/ 07/93
Gainesboro
2. 656** Rt. 657 Rt. 659 3890 Shawnee 07/95
(include intrst. )
3. 628 Rt. 631 Rt. 732 1545 Back Creek 07/95
4. 621*** Rt. 622 Rt. 1109 1808 Back Creek 07/96
5. 647 Widen & improve btwn. 6327 Opequon UN/SH
Rt. 277 & Rt. 642
6. 608 0.70E 0.90E 681 117 Gainesboro UN/SH
bridge over back creek
7. 608 Rt. 50 Rt. 616 2343 Back Creek UN/SH
8. 659 widen & improve btwn. *272 stonewall UN/SH
bridge and Rt. 7
9. 656 widen & improve btwn. 2254 Shawnee/ UN/SH
Rt. 655 & Rt. 657 stonewall
10. towns curb and gutter improvements stephens UN/SH
City
11. towns curb and gutter improvements Middletwn UN/SH
12. 642 Rt. 1031 Rt. 522 1028 Shawnee/ UN/SH
S. Opequon
13. 664 Rt. 761 Rt. 660 1000 stonewall UN/SH
14. 660 Rt. 664 Rt. 7 1133 stonewall UN/SH
15. 622 WCL Rt. 37 6620 Back Creek UN/SH
16. 600 prevo const. 684 608 Gainesboro UN/SH
17. 659 656 bridge *258 stonewall UN/SH
18. 657 ECL WINCH. 656 8762 Shawnee UN/SH
19. 739 673 522 3957 Gainesboro UN/SH
20. 636 277 642 -455 Opequonj UN/SH
Shawnee
21. 644 ECL WINCH. 522 4060 Shawnee UN/SH
22. 661 11 7 -400 stonewall UN/SH
23. 622 629 37 (533-3203) Back Creek UN/SH
24. 657 656 Clarke Co. 3813 stonewall UN/SH
25. 641 647 277 -1736 Opequon UN/SH
26. 761 11 664 *2061 stonewall UN/SH
27. 659 716 656 3217 Shawnee/ UN/SH
Stonewall
28. 636 277 1. 5 miles S. -510 Opequon UN/SH
29. 621 1109 628 -1594 Back Creek UN/SH
30. 600 753 614 2338 Back Creek UN/SH
31. 655 50 656 2408 Shawnee UN/SH
596
32.
642
0.2mi.W.1070 1031
-5081
opequon/
Shawnee
UN/SH
33.
661
663
11
6964
Stonewall/ UN/SH
Gainesboro
34.
628
621
SCL WINCH.
2291
Back Creek UN/SH
35.
627
81
11
-4948
Opequon
UN/SH
36.
704
632
683
-264
Back Creek UN/SH
NOTES:
indicates interpolated 1987 count
* indicates actual 1987 count
** Rt. 656, Greenwood Road, is to include the intersection
of Rt. 656 and Rt. 659, Valley Mill Road, (including "s"
curve leg of 656)
*** Rt. 621 is to include drainage improvements South of Rt.
622 and realignment of "S" turn.
ADT 1989 Average Daily Traffic Counts unless otherwise
indicated
UN/SH Unscheduled Advertisement Date
(533-3203) Low to high count for Rt. 622, Cedar Creek Grade, to
include additional improvements from Rt. 629 to Rt. 37 (item
#23)
1992-1993 SIX-YEAR NEW HARDSURFACE ROAD IMPROVEMENT PLAN
New hardsurface projects are road projects where reconstruction
of non-hardsurface roads is considered primarily with relation
to the amount of traffic served.
RANK ROUTE FROM TO ADT DISTRICT AVT.DT.
1. 695 522N. 1 mi. N 89 Gainesboro 07/92
522
2. 734 522N. 1. 55 mi. 85 Gainesboro 07/93
S 522
3. 649 648 625 58 Back Creek 07/94
4. 636 735 640 83 Opequon 05/96
5. 706 11 end 59 Back Creek 07/96
6. 699 0.5 mi. S. 694 0.7mi. 142 Gainesboro 07/96
South 694
7. 702 703 W.VA. 124 Gainesboro 07/97
8. 701 703 W.VA. 133 Gainesboro UN/SH
9. 695 1.09 mi.N522 2.30 89 Gainesboro UN/SH
mi. N522
10. 695 2.30 mLN522 W.VA. 89 Gainesboro UN/SH
11. 692 600 671 143 Gainesboro UN/SH
12. 625 624 635 102 Back Creek UN/SH
13. 692 671 W.VA. 58 Gainesboro UN/SH
14.
633
625
11
106
15.
696
522
694
84
16.
638
625
759
84
17.
629
1.15 139
mi. E622
608
18.
636
709
735
49
19.
.45mi. 128
N.671
811
671
20.
.30mi. W. 608
.5mi.E. 98
600
679
21.
addition of 1.mi.
85
734
597
Opequon/ UN/SH
Back Creek
Gainesboro UN/SH
Back Creek UN/SH
Back Creek UN/SH
Opequon
UN/SH
stonewall UN/SH
Gainesboro UN/SH
Gainesboro UN/SH
22.
683
W.VA. 124*** Back Creek UN/SH
line
704
23.
676
.83mi. S. 671
677 154*** Gainesboro UN/SH
24.
Clarke 57
Co. line
644
50E
25.
634
135
635
11
26.
733
80
50W
707
Shawnee
UN/SH
Opequon
UN/SH
Back Creek UN/SH
NOTE - Rt. 777 is proposed to be hardsurfaced during construc-
tion of Route 522 South. If not, Rt. 777 will be added to the
new hardsurface additions list.
* Hardsurface as far as R/W available
** Right-of-Way not available
*** Indicates interpolated 1989 count
ADT 1989 Average Daily Traffic Count
INCIDENTAL CONSTRUCTION 1992-1993
RANK ROUTE FROM TO DESCRIPTION DISTRICT FlY
L 627 O. 14mi. W1101 replace bridge Opeq. 92/93
w/precast box culverts
2. 622 732 628 150lbs. cold B.C. 92/93
mix
3 . 656 657 659 install guard- Shaw. 92/93
rail & improve
intersection
4. 1053 at . 04 mi. E. replace pipe Opeq. 92/93
Route 1040 with 4'x12'box
culvert
5. 659 o . 30mi. SW of N7 bridge over Stone. 92/93
Red Bud Run
6. 622 621 620 150lbs. cold B.C. 93/94
mix
7. 681 0.82mi. L 1mi.N685 const. pipe Gain. 93/94
N685 overflow Brush Creek
8. 648 631 o .10mi. spot widen B.C. 93/94
N.631
9. 681 685 690 spot widen & Gain. 93/94
59'S
tree removal
10. 604 . 1 mi. N . 05mi. S relocate B.C. 93/94
Rt.714 Rt.714 intersection and curve
11. 709 Rt.735 .92miles widen surface Opeq. UN/SH
W Rt. 735
12. 627 West of Middletown improve sight Opeq. UN/SH
dist. at curves
13 . 631 Rt. 277 Rt.628 1651bs. S-5 Opeq./ UN/SH
B.C.
14. 608 unpaved sections spot widen & Gain. UN/SH
tree removal
15. 608 2.57 N600 bridge over B.C. UN/SH
mi. trib. Furnace Run
16. 701 700 703 widen & Gaine. UN/SH
improve shoulders
17. 603 Rt.55 .3 miles S. relocate B.C. UN/SH
intersection to
improve sight dist
18. 739 Rt.672 WV line 1651bs. cold Gain. UN/SH
mix
19. 707 Rt.50W Rt.733 spot widening B.C. UN/SH
20. 733 Rt.50W Rt.707 spot widening B.C. UN/SH
2l. 622 Intersection 620 bridge over B.C. UN/SH
Opequon Creek
END OF PUBLIC HEARING ITEMS
BATTLEFIELD TOUR TASK FORCE PROPOSAL - APPROVED UNDER
CONSENT AGENDA
Planning Director Robert Watkins and Economic Development
Coordinator June Wilmot recommended to the Frederick County
Board of Supervisors and the City of Winchester that a task
force be established to develop and carry out a strategic plan
to preserve and appropriately utilize battlefields and other
historic sites. The purpose of this task force would be to
create a system of battlefields and other historic open space
and sites to be used to develop a heritage tour for the
Winchester-Frederick County area that will attract visitors from
throughout the nation and the world and to provide educational
opportunities concerning the heritage of the community. Differ-
ent approaches will be used to accomplish this task which is
detailed in the attachment. Membership was recommended to
compose of ten to twelve representatives of local government,
tourist related businesses, historic preservation groups,
599
property owners, and other interested individuals. staff is
working on nominations for the task force and will be forthcom-
ing at a later date.
TRANSPORTATION COMMITTEE
Upon motion made by W. Harrington Smith, Jr., seconded by
Robert M. Sager, the following Transportation 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 Transportation Committee met on April 6, 1992 to
discuss the following Agenda Items:
1. Mr. Thomas Sullivan, administrative assistant to the
Superintendent of Public Schools, appeared before the Transpor-
tation Committee to request the installation of a traffic signal
light at the intersection of Route 277 and Warrior Road. Mr.
Sullivan believes that when the new high school is opened in the
fall of 1993, there will be an increase in the traffic to that
area. Such an increase that he feels would warrant the instal-
lation of a traffic signal at the intersection. Mr. Bill
Bushman, VDOT resident engineer, stated that VDOT had received a
letter from Mr. Sullivan and had already started a study of
projected numbers for the intersection. Mr. Roger Thomas,
Opequon District planning commissioner, asked if there was a
proffer for the light and asked that staff review the proffers.
The committee will further discuss the issue at a later meeting.
2. Mr. C. E. Maddox, Clifford & Associates, appeared
before the committee to discuss the connection of Route 642 and
Route 522. Mr. Maddox stated that VDOT's design staff had
proposed a realignment of Route 642. Mr. Maddox told the
committee that he is willing to work with the realignment. The
Transportation Committee recommended that Route 64.2 be realigned
to allow the connection with Route 522 when Route 522 is wid-
ened.
600
3. The Transportation Committee reviewed requests con-
cerning hard surfacing of road segments from the Leary Educa-
tional Foundation and the Jeni Company. The Transportation
Committee reviewed these requests and the 1992-1993 Six Year
secondary Road Improvement Plan. The committee recommended
approval of the plan with no changes. The committee voted to
reevaluate the requests during the fall when they work on the
1993-1994 Plan.
4. Sergeant Roger AShley, Middletown Police Department,
is requesting monies from the Division of Motor Vehicles to fund
the expense of a second full-time police officer. Sergeant
Ashley, by letter, requested that the Transportation Committee
send a letter of endorsement to the Division of Motor Vehicles.
The Transportation Committee recommended to send a letter of
support for Sergeant Ashley.
5. The Transportation Committee reviewed the proposed
interchange area improvements from the Winchester Area Transpor-
tat ion Study. The committee stated that each proposed inter-
change improvement would not solve the problem, and in some
cases would create additional problems. The committee recom-
mended that each interchange be reworked.
REPORT FROM COMMITTEE TO STUDY VARIOUS COUNTY COMMITTEES -
APPROVED
The committee met on Thursday, April 9, 1992, at the
Clarke-Frederick-Winchester Regional Jail. Present were commit-
tee members W. Harrington Smith, Jr., Robert M. Sager, and John
R. Riley, Jr. The committee submits the following recommenda-
tion:
Discussion of Committee Appointment Term Limitations
The committee discussed the policy of term limitations
referred to them by the Board of Supervisors and recommends the
following policy:
Effective upon passage, it shall be the policy of the
Frederick County Board of Supervisors that all committee ap-
pointments shall be for a duration not to exceed two successive
terms or eight successive years, whichever is the longer. Said
appointee, after an absence of one year from said committee, may
601
be eligible for reappointment. Appointees may also be eligible
for different committee appointments after serving the maximum
allowable term on previous committees.
Upon motion made by W. Harrington Smith, Jr., seconded by
Robert M. Sager, the following Committee Committee Report 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
CODE AND ORDINANCE COMMITTEE REPORT
The following Code and Ordinance Committee Report was
presented to the board for their information. No items were on
the report that required the board's approval.
The Code and Ordinance Committee met on Friday, April 3,
1992, at 8:30 A.M., in the Personnel Office Conference Room.
Present were W. Harrington Smith, Jr., chairman of the commit-
tee; committee members Charles W. Orndoff, Sr., George W.
Johnston, III, Stephen G. Butler and Mindy Schryver; County
Administrator John R. Riley, Jr.; and Commonwealth Attorney
Lawrence R. Ambrogi. Board of supervisors Chairman Richard G.
Dick was also present.
Before the meeting convened, all members of the committee
sang happy birthday to Harrington Smith on the occasion of his
66th birthday. Mr. Smith responded with a brief acceptance
speech.
The committee submits the following:
Discussion of Proposed Noise Ordinance
The committee reviewed the attached noise ordinance from
Warren county. Concern was expressed by committee members with
reference to the broad application of said ordinance and the
ability to enforce same with any consistency. It was agreed by
all in attendance that the most prevalent complaint from a
historical perspective was barking dogs. The committee members
felt that a narrowly crafted definition concerning barking,
howling, yelping, etc. dogs code section could be included in
Chapter 5, Animals and Fowl, of the County Code.
602
Upon motion made by George Johnston, seconded by Mindy
Schyrver, and unanimously approved, the committee recommends
that the county attorney draft an amendment to Chapter 5 of the
Frederick county Code detailing the violation and enforcement
provision of same.
Discussion of Other Noise Violations
The Chairman appointed a sub-committee consisting of the
County Attorney, George Johnston and steve Butler to draft a
code section which would amend Chapter 14, Nuisances, of the
Frederick County Code that addresses specific noise problems
that are aggravating, persistent and annoying. The subcommittee
will report back to the full committee upon completion of the
draft ordinance.
License Fees for Spayed and Neutered Doqs
The committee reviewed the existing license fee structure
for dogs (attached). A request had been received by the county
administrator with reference to lowering the fees for dogs that
had been spayed or neutered. The committee tabled this item
indefinitely.
Ms. Katrina sine, Back Creek District, appeared before the
board to discuss the county's policy on animal license fees.
She felt that citizens should be rewarded for being responsible
pet owners who have had their animals spayed/neutered. The
committee had questioned how this would be enforced. Ms. Sine
suggested that the license fee be increased two dollars for
those who did not spay/neuter their pets. If the owner could
provide certification from the veterinarian, the fee would not
increase for those pet owners.
Supervisor Smith stated that Ms. Sine had some good points
and asked that she be placed on the next Code and Ordinance
Committee agenda to speak about this issue.
FINANCE COMMITTEE REPORT
Due to conflicting schedules, the Finance Committee was
polled by phone on Tuesday, April 14, 1992. All members were
polled.
The following agenda items required board action:
603
Parks and Recreation Director's ReQUests for a Supplemental
Appropriation of $300 - APPROVED
The Parks and Recreation Director requests a General Fund
Supplemental Appropriation in the amount of $300 received from
the Downtown Athletic Club to line item 7104-5415-02 (Award-
Sport & Athletic). No additional local funds are necessary. See
attached memo. The Committee recommends approval.
Upon motion made by Robert M. Sager, seconded by w.
Harrington smith, Jr., to approve this request.
The above motion was passed by the fallowing 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
AirPOrt Executive Director's ReQUests for a FY 92 Airport
Construction Fund Approoriation of $110.000 - APPROVED
The Airport Executive Director is requesting a FY 92
Airport Construction Fund Appropriation of $ 110,000 for the
airport master plan revision. Funding is 90% federal, 5% state,
and 5% local. The local share will be $5,500 and is requested to
be appropriated from the original five year plan money. The City
of Winchester will be billed for their share of the local costs.
See attached memo. The committee recommends approval.
Upon motion made by Robert M. Sager, seconded by Charles W.
Orndoff, Sr., to approve this request.
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
Airoort Executive Director's Request for a FY 92 Airoort
Construction Fund Aopropriation of $1.400.000 - APPROVED
The Airport Executive Director is requesting a FY 92
Airport Construction Fund Appropriation in the amount of
$1,400,000 for the construction of the airport safety area.
Funding is 90% federal, 5% state, and 5% local. Local funding
will be $70,000. The county will bill the City of winchester
for their share of the local cost. The county's share has
6(r4
already been approved by the Board of Supervisors. See attached
memo. The Committee recommends approval.
Upon motion made by Robert M. Sager, seconded by W.
Harrington smith, Jr., to approve this request.
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
Finance Director's ReQUest for Authorization to Advance
Cash from General Fund to the AirPort Authoritv - APPROVED
The Finance Director is requesting authorization for the
General Fund to advance cash to the Airport Authority Fund as
necessary to pay their bills. Revenues and reimbursements are
frequently received by the airport after the bill is required to
be paid. It is estimated that the advance could be as much as
two to five hundred thousand dollars at any given time. The
City of Winchester performed this function during the time they
were fiscal agent. The committee recommends approval.
Upon motion made by Robert M. Sager, seconded by W.
Harrington smith, Jr., to approve this request.
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
Parks and Recreation Director's ReQUest for a Supplemental
Appropriation of $250 - APPROVED
The Parks and Recreation Director requests a General Fund
Supplemental Appropriation in the amount of $250 received from
Winchester Coca-Cola Bottling Company to line item 7104-5415-02
(Award-Sport & Athletic). No additional local funds are neces-
sary. See attached memo. The Committee recommends approval.
Upon motion made by Robert M. Sager, seconded by W.
Harrington Smith, Jr., to approve this request.
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
605
Beverly J. Sherwood - Aye
Charles w. orndoff, Sr. - Aye
UPON MOTION MADE BY W. HARRINGTON SMITH, JR., SECONDED BY
BEVERLY J. SHERWOOD, AND PASSED UNANIMOUSLY, THE BOARD OF
SUPERVISORS ADJOURNED AS THERE WAS NO FURTHER BUSINESS TO
DISCUSS.