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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.