Loading...
HomeMy WebLinkAboutJune 10, 1992 Regular Meeting 635 A regular meeting of the Frederick County Board of Super- visors was held on June 10, 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. Mr. Riley was not present at the start of the meeting due to sons' graduation. CALL TO ORDER The Chairman called the meeting to order. INVOCATION Mr. Dick delivered the invocation in absence of the scheduled minister. ADOPTION OF AGENDA Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr., the agenda was adopted 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 Mr. Owens, Assistant County Administrator, suggested the following tabs be approved under the consent agenda: 1. Tab C - Memorandum Re: Contract for Audit services; 2. Tab I - Memorandum Re: Road and Drainage Improvements - Apple Ridge SUbdivision; 3. Tab J - Memorandum Re: Gore School Day Care; 4. Tab M - Request from Charles Robinson for Outdoor Festival Permit - Request to advertise for public hearing; 5. Tab N - Handley Library Agreement; 6. Tab 0 - Correspondence from Council on Child Day Care and Early Childhood Programs RE: Grant Award; 7. Tab S - Parks & Recreation Commission Report; 8. Approval of proposal of Robinson, Farmer, Cox & Associates to conduct county audit. (hand out at meet- ing. ) 636 Upon motion made by James L. Longerbeam, seconded by Robert M. Sager the above tabs were 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 E. EDWARD NUCKOLS. III. APPOINTED TO THE FREDERICK COUNTY SCHOOL BOARD FROM OPEOUON MAGISTERIAL DISTRICT Upon motion made by Robert M. Sager, seconded by W. Harrington smith, and passed by the following recorded vote, Mr. E. Edward Nuckols, III, was appointed to the Frederick County School Board from Opequon District for a four year term, said term to commence on June 30, 1992, and terminate on June 30, 1996. Mr. Nuckols was present. 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 CHARLES R. ROTT. REAPPOINTED TO THE FREDERICK COUNTY SCHOOL BOARD FROM STONEWALL MAGISTERIAL DISTRICT Upon motion made by Charles W. Orndoff, Sr., seconded by James L. Longerbeam, and passed by the following recorded vote Mr. Charles R. Hott was reappointed to the Frederick County School Board from Stonewall District for a four year term, said term to commence on June 30, 1992, and terminate on June 30, 1996. Mr. Hott was present. 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 ELLIE ADAMS APPOINTED TO THE LORD FAIRFAX REALTH DISTRICT SERVICES ADVISORY BOARD Upon motion made by Beverly J. Sherwood, seconded by Robert M. Sager, Mrs. Ellie Adams was appointed to the Lord Fairfax Health District Services Advisory Board for a four year term, said term to commence on June 10, 1992 and terminate on June 10 1996. Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye 637 James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye PATRICIA STILES APPOINTED TO THE SOCIAL SERVICES BOARD FROM STONEWALL MAGISTERIAL DISTRICT Mr. Orndoff explained that due to redistricting Mr. Russell could no longer represent Stonewall District. He wished to thank Mr. Russell for his years of service and would like to place the name of Mrs. Patricia (Trish) stiles in nomination for this appointment. Mr. Smith seconded this motion. Mrs. stiles term will commence on July 1, 1992 and terminate on June 30, 1996. The above motion 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 Mr. smith stated that even though there is plenty of time he will check with Dr. Rosner about his continued service on the Shenandoah Area Agency on Aging. PUBLIC HEARING SET FOR PLANNING COMMISSION ITEMS Upon motion made by W. Harrington smith, Jr., seconded by Beverly J. Sherwood, and passed by the following recorded vote,the public hearing date of July 8, 1992 is hereby set for: 1. Annual review of Conditional Use permits. 2. An ordinance to revise all portions of Chapter 8, Erosion and Sedimentation, of the Frederick County Code. 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 AGENDA ADOPTED AS AMENDED Mr. Dick stated that he just realized Mr. Owen had items that needed to be added to the agenda, and this should have been included when the agenda was adopted at the beginning of the meeting. 638 Mr. Owen stated that he had an item dealing with EMS as well as the central dispatch agreement which the city of winchester which has been in the works for a number of months, which also includes the issue of tariff funds for central dispatch and is ready to go the the Code and Ordinance Committee for their review. Mr. Owen further noted that under Committee Reports item number four, Mr. Riley would like to speak to the Airport Agreement at such time as he arrives at the meeting. Upon motion made by Robert M. Sager, seconded by W. Harrington smith and passed by the following recorded vote the agenda was adopted as amended: Richard G. Dick - Aye W. Harrington smith - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles w. Orndoff, Sr. - Aye EMERGENCY MEDICAL SERVICES CENTRAL DISPATCH AGREEMENT AND TARIFF FUNDING OF SAME REFERRED TO COUNTY CODE AND ORDI- NANCE COMMITTEE Upon motion made Robert M. Sager seconded by James L. Longerbeam and approved by the following recorded vote the EMS agreement and funding of same is hereby referred to the county Code and Ordinance Committee for their review and recommenda- tion: 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 PLANNING COMMISSION BUSINESS\PUBLIC HEARING REZONING APPLICATION #003-91 OF MARSHALL D. WILLIAMS TO REZONE 3.1 ACRES FROM RA (RURAL AREAS ) TO M-2 (GENERAL INDUSTRIAL) FOR WASTE AND TRASH COLLECTION AND RECYCLING - SHAWNEE MAGISTERIAL DISTRICT - DENIED Mr. Watkins, Planning Director, appeared before the Board to present this request and noted that the staff and Planning Commission had recommended denial. Mr. Smith explained that he had visited this site, and given the amount of rain this area has had in the last two years and the reports submitted concerning the flood plain area, that he did not see how this rezoning request could possibly work. 639 Mrs. Sherwood stated that it was her understanding that this is a non-conforming use, which means he can continue to do what he is currently doing without a rezoning or a conditional use permit, without anything from the county government, he can continue his established business. Mr. Watkins replied, that is correct. Mr. Marshall Williams appeared before the Board and gave a background summary of his operation and explained why he was asking for this rezoning. Mrs. Sherwood asked Mr. Williams if he was requesting of the Board that his application be amended to M-1. Mr. Williams replied that if this is where he should be then that is what he is asking for, he is not sure what is the best for him and he is asking the Board for direction. Mr. Longerbeam asked Mr. Watkins since this is a non-con- forming use, Mr. Williams cannot expand 50% of the property that he bought. Mr. Watkins replied that was the Planning staff's original determination, and charges were brought against Mr. Williams that he was illegally expanding a non-conforming use. A jury trial was held and they found Mr. williams not guilty on the charge of illegally expanding a non-conforming use. Mr. Longerbeam explained that the way he understood this, Mr. Williams can do exactly what he has been doing, will be taxed at a much lower rate than he would if he were either M-1 or M-2, and it is not in his best interest for this Board to grant him this request. Mr. smith asked Mr. Williams what his intentions were with regard to the fence as the post have been up about a year. Mr. Williams replied that he will put the fence up. No one appeared before the Board either in favor of or opposing this request. Upon motion made by W. Harrington Smith, Jr. seconded by Charles W. Orndoff, Sr. that Rezoning Application #003-91 of Marshall D. Williams to Rezone 3.1 Acres from RA (Rural Areas) 64U to M-2 (General Industrial) for Waste and Trash Collection and Recycling be denied. 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 1992 REVISIONS TO THE FREDERICK COUNTY COMPREHENSIVE PLAN SIGNIFICANT REVISIONS INCLUDE ECONOMIC DEVELOPMENT POLICY AND STORMWATER MANAGEMENT. A MAP CHANGE IS INCLUDED FOR A BUSINESS CORRIDOR ALONG ROUTE 11 SOUTH Mr. Kris Tierney, Assistant Planning Director appeared before the Board to present the comprehensive plan. Mr. Dick requested that each proposal be voted on separate- ly rather than the complete package, as has been the policy in previous years. SUMMARY OF 1992 SWDA/UDA EXPANSION REOUESTS 1) Ralph Gregory, Route 11 South - This request was for an area along Route 11 South that lies just outside the Urban Development Area consisting of roughly 250 acres. Mr. Gregory requested that either the Urban Development Area be expanded or the Route 11 South Business corridor be expand- ed to include this property. The main issue discussed with regard to this request was how to extend water and sewer without opening this area up to residential development. The Subcommittee felt if sewer and water were extended, the lines serving the area must be dedicated to the County. The Subcommittee's recommendation is that the Sewer and Water Service Area be expanded to include this area. The area would be an extension of the Route 11 South Business corridor. The Subcommittee has also added language to the Comprehensive Plan that would require that any sewer and water line six inches or large be dedicated to the County. (This language would apply to extensions anywhere in the County, not just to the area along Route 11). 2) Louise Brim, Route 11 South - This request was for sewer and water in an area encompassed by the Gregory request. Mrs. Brim's request was for three specific parcels along Route 11 South near the Shackleford Farm (now Marathon Bank, etc.) and the Mountain View Church of Christ. The Subcommittee has recommended the extension of the Sewer and Water Service Area in response to the Gregory request; therefore, Mrs. Brim's request is in affect also being approved. Mr. Gregory appeared before the Board at this time on behalf of this request noting that he has lived in this area for over fifty years and he feels this is a reasonable request and that this area should be rezoned business. He presented pictures to the Board of the property in question, which also showed the adjoining properties. 641 Mr. smith inquired about the private water line that was discussed earlier. Mr. Gregory explained that the water line belonged to him, or the partnership of which he was a member, as they had paid for the line. Mr. Longerbeam stated that his understanding was that if this line is extended that the extension becomes a part of the Sanitation Authority, and will not be private as the first part is. Mr. Gregory, replied, that was correct. Mr. Steve Gyurisin, appeared before the Board of behalf of the Town of Stephens city Planning Commission, and requested that the Board delay their decision on the extension of water and sewer in this area, as the Planning Commission does have concerns with this as currently proposed. He further noted that this would definitely have an impact on traffic, roads, as well as the historic area of main street. He requested that a joint meeting be scheduled between the county Planning Commission and the stephens city Planning Commission before any plans are changed. Mr. Smith stated that this has been in the "works" for sometime and he questioned why Stephens city is just making their concerns known at this time. Mr. Linden Fravel, Jr. member of the stephen City Town Council as well as the Planning commission, addressed the Board to explain why the Town Council is concerned that if this request is approved for the extension of water lines it will have a definite impact on the Town of Stephens city. The Council was also concerned that they had not been included in any meetings conducted by the county when this was being discussed. He too requested that this be tabled until the two groups could meet and discuss it further. Mr. Mike Kehoe, Town Manager, explained to the Board that the Council has been requesting a meeting with the Board for the past two years to discuss this matter, but nothing was ever scheduled. He further explained that he, along with Town 642. council, feel there are a lot of unanswered questions concerning this request and feels they are entitled to some answers before this request is voted on by the Board. Mr. smith asked Mr. Kehoe how far north of stephens City is council concerned with. Mr. Kehoe replied up to the southern property line of Mr. Gregory. Mr. Riley arrived at this time. Mr. Sager asked if number 2 of this plan is predicated on number I. Mr. watkins, replied yes, number 2 is included in number 1. Mr. Stephen Chadwell appeared before the Board stating that he had a major investment in approximately 120 acres that would be between stephens city and the proposed corridor. would Mr. Watkins explained that Mr. Chadwell is included in the new, proposed business area. Mrs. Louise Brim, addressed the Board stating that they owned nine pieces of property along this corridor, and have plans to restore what they can, but without public water and sewer this would not be possible. Mr. Bill Hastreiter, resident of 4910 Valley Pike, present- ed a petition to the Board signed by residents adjacent to this undeveloped property on Route 11 South, north of stephens City. He stated they are opposed to the development of the business corridor at this point and time for a number of reasons. Ms. Connie Robinson, neighbor of Mr. Hastreiter, is con- cerned as she is not sure of Mr. Gregory's plans for this property. She is concerned about the increase in traffic on Route 11 and the fact that this will also open this area to growth. Mrs. Hastreiter stated that she had not planned on speak- ing, but after hearing from others felt she should express her concerns and felt that her neighbors were not aware of what was about to happen to their neighborhood and asked that this be tabled until a later date. 643 Mr. Dick explained that there have been pUblic meetings to bring this to the general publics' attention and that all of these meetings have been duly advertised. Mr. Gregory explained that this was not a new proposal as it was proposed three previous times by him to the Planning Department three different years, so this is not something new, and he was surprised to see all this opposition tonight when this has been going for this length of time. He requested that it be voted on at tonight's meeting, as it has already been delayed for three years. Mr. Sager asked Mr. Watkins exactly what Mr. Bill Bushman of the highway department had recommended with regard to Mr. Gregory's request concerning the "no passing" lanes on Route 11 South. Mr. watkins explained that under current conditions this would not be warranted, however all of this would change due to development that would occur. A full impact traffic study would be required, if this is approved. Mr. Sager stated at this time that he does have a conflict of interest since number land 2 are combined. Mr. Tierney explained the area that was requested by number 2 is included within the larger area that involves number 1, and these are the only two that overlap. Mr. Longerbeam stated that he would like to see the lang- uage amended, and at this time he would move for approval, with some modification. He stated that there would be a long time from tonight's action until the first rezoning. Between now and the time for the first rezoning. The first rezoning, if neces- sary, could be delayed, to include the necessary meetings between Stephens City and the County Planning commission, and the Board members if necessary, to work out an orderly transi- tion area between properties, this would allow stephens city some input. Mr. smith seconded this motion. Mr. Sager explained that he was abstaining due to the fact that his church is mentioned in this request. 644 Mrs. Sherwood explained if rezoning requests corne in, adjoining townships would be asked for comment, just as we do for the city, that is procedure. She further noted with the comprehensive plan it is an asserted effort of the Planning Commission to go public by taking it out into the community. She did however feel that the public meetings during this past year focused more on the Route 37 project. The above motion was approved by the fallowing recorded vote: Richard G. Dick - Aye W. Harrington smith, Jr., Aye James L. Longerbeam - Aye Robert M. Sager - Abstained Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye 3) Ryland Carper, Route 723 - This request involved approximately 210 acres located off of Route 723 near Route 50 East. The Subcommittee feels that the inclusion of this land in the Urban Development Area at this time is not appropriate due to the fact that it would open up thousands of acres in Eastern Frederick County for development. Mr. Watkins pointed out that the Planning Commission voted to approve the first two items, but did not vote either to approve or deny the five remaining requests. No one appeared before the Board concerning this request. Upon motion made by W. Harrington smith, Jr., seconded by Robert M. Sager, the request of Ryland Carper was denied 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 4) Signal station Associates, Round Hill - This request was for the county to grant one of two requests: a. Extension of sewer from Merriman's Lane up to Abrams Drainage-way to serve the entire Round Hill Community Center. This would involve approximately 1000 acres. b. Establishment of a community sanitary system to serve the Round Hill Community. The Subcommittee felt that it would be premature to extend water and sewer west of Route 37 at this time. The Subcom- mittee has not ruled out the possibility of the Round Hill Community eventually going to an alternative sewage dispos- al method. The Subcommittee recommends waiting until the results of the investigation (currently underway) of possible alternatives for waste water treatment in Rural Community Centers is completed. This study is scheduled to 6~ be completed in October of this year. There was no public input. The Board concurred with the committee recommendation. 5) James Marlow, Route 661, 662, 838 - This request was for an extension of the Urban Development Area to include approxi- mately 350 acres bordering on Route 661, 662, 838 and the B&O Railroad near the I-81 and Route 11 North intersection. Mr. Marlow wishes to rezone this land for industrial use. The Subcommittee felt that the issues of access and impacts on the Stephenson's Farm Battlefield need to be addressed prior to inclusion with the Urban Development Area. It is believed that Mr. Marlow is in the process of preparing an impact statement. There was no public input. The Board concurred with the committee recommendation. 6) Residents of 522 South/Shenandoah Mobile Home Park - This request was considered together since they are in the same geographic area. The Subcommittee was concerned about the large amount of agricultural land in the area. The exten- sion of sewer and water would open approximately 1728 acres up for development. consequently, the Subcommittee recom- mended denial. This request was later modified to approxi- mately 687 acres as opposed to the original 1728. Of this acreage, approximately 330 would be open to development. There are approximately 200 houses within the area and the SUbcommittee is concerned about the potential of a failing septic system problem I The applicants and the county have been in contact with the Health Department and they have agreed to conduct a survey of the septic problems. Depend- ing on the outcome, the Subcommittee may consider extending the Urban Development Area. One issue that the Subcommit- tee is looking into is the question of whether we can extend sewer and water for the existing home, but not allow new construction to tap on. Mr. Smith referred to the last two sentences, and asked if the county runs water and sewer lines do we always have to have it tied to zoning. These people, some two hundred houses, desperately need water and sewer. Mr. Tierney stated the county has a lot in its favor if they turn down a request, if the area is outside the urban development area, that is sort of rule number one. Mr. Smith asked, who would make this determination. Mr. Tierney replied, it is a legal question that was discussed by the subcommittee at one of their meetings. Mr. Ambrogi replied that the courts would be the ones to decide. Mr. Smith explained that his constituents are always telling him, here comes new development, they have no problem getting water and sewer, we have been here for years and cannot get it, and they rightfully want to know why. I don't have an answer. 6,46 Mr. Watkins explained that water is already approved,in effect it is programmed by the Sanitation Authority to extend water to this area. Mrs. Sherwood stated that she concurred with what Mr. Longerbeam was saying earlier. She explained that what makes this particular request the exception is that the Planning Commission and the Comprehensive Plan Subcommittee have looked at this area and have said, this will possibly go in at some future time. It was felt that this is a very large tract of land and they were not ready to add that much all at one time. There was no public input. Mr. smith moved at this time that this be continued to be actively pursued. Mr. Riley stated that his understanding was that the Board would like for the Planning Commission to take another look at this and bring it back to the Board as soon as possible. Mrs. Sherwood seconded Mr. Smith's motion. The above motion for this request to be looked into further by staff and back to the Board 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 7) Billy Joe Tisinger, Realigned Route 642 - This request was present on behalf of Fred L. Glaize, Jasbo, Inc., Oakcrest Builders, Inc. and Wrights Run Limited Partnership. The proposal is that the Urban Development Area be expanded to include approximately 200 acres of land north of the realigned Route 642 and bounded by Route 522 on the east and old Route 642 on the west and north sides. It would be the intent of this group to immediately rezone and proffer $150,000 toward the realignment of Route 642. Although it is anticipated that the Urban Development Area will be expanded to include this area at some point in ' time, the Subcommittee is concerned that the timing is not right to open up more land for residential development. However, the Subcommittee did not rule out the possibility of industrial zoning in this area. At this point, it is uncertain whether the landowners intend to propose an expansion of the sewer and water service area to accommo- date industrial zoning of the area. Mr. Billy Joe Tisinger, appeared before the Board to answer any questions they might have, and explained to them that he did ot feel this would be premature a year from now. 647 There was no further public input. Mr. Sager moved, and Mr. smith seconded, to accept the recommendation of the Planning Commission at this time. The above motion 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 AN AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 21. ZONING: ARTICLE IX. BUSINESS AND INDUSTRIAL ZONING DISTRICT: SECTION 9-1-4. LIGHT INDUSTRIAL (M-1). TO INCLUDE HUMAN SERVICE CENTERS AS AN ALLOWED USE - TABLED AND REFERRED TO LAW ENFORCEMENT & COURTS COMMITTEE FOR REVIEW AND RECOMMENDATION Mr. Watkins presented this request stating that the Plan- ning Commission did recommend approval of the amendment, however they did make amendments to the conditions. Mr. Orndoff asked if this would fit in B-2. Mr. Watkins replied, that this was discussed and if there is an alternative, that would be the logical alternative. Mr. Sager asked Mr. Watkins to define pre-release. Mr. Watkins replied, that pre-release would be offenders serving time under a conviction from a court of law. Mr. Sager asked if he would still be serving time as a convicted felon. Mr. Watkins, replied that is correct. Mr. Smith stated that in his research of this request he noted that Delegate Alson Smith, Judge David Whitacre, and Mike Fling of J&D Court refers to this as a halfway house, however the individuals running it specified emphatically it is not a halfway house. Mr. Sager explained that a halfway house is a place where people who have been released from court custody are directed to go in order to provide a service, whether it be ANA or whatever the case may be. They are not inmates, they have already served their sentence. Mr. Steve Gyurisin, representing Plans and Project appeared before the Board to explain what Thin Line Inc. was requesting. He stated that the primary use of the facility is an office type 648 use, which is permitted both in the B-2 and the M-l Zone. He further explained that Thin Line was present at this time to address the residential aspect of the rezoning. Mr. Sager asked if convicted individuals, who are serving a sentence would be housed in this facility. Mr. Gyurisin replied that he would refer that question to the executive director. Mr. Mark Puckett, Director of Thin Line Incorporated, appeared before the Board at which time he answered Mr. Sagers' question stating that yes, individuals would be directly paroled to their institution. Mr. Sager asked why would an individual be directed to Thin Line's program rather than the Regional Jail who has the same capability. Mr. Puckett replied that Mr. Hodge had no problem with what Thin Line wanted to do. Mr. Riley and Mr. Sager both rebutted this statement in saying that Mr. Hodge made no recommendation on this matter. Mr. Sager asked who would be referring these individuals to Thin Line. Mr. puckett replied, Department of Corrections, District II, Probation and Parole. Mr. Sager asked if this had been addressed to them. Mr. Puckett replied yes. Mr. Sager asked if there was a contract to these offices. Mr. Puckett replied no, but there is a proposal open for us. Mr. Sager asked who was going to be responsible for these inmates when they walk away from this facility. What type of security arrangements have you made. Mr. Puckett replied, that Thin Line would be responsible for any inmate that is housed at their facility. Mr. Gyurisin asked that this' be tabled until some of these particulars are worked out. Upon motion made by W. Harrington Smith, Jr., seconded by Beverly J. Sherwood, and passed by the following recorded vote 649 the request of Thin Line, Inc. is hereby tabled and referred to the Law Enforcement and Courts Committee for their review and recommendation. Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye Mr. Longerbeam requested that Mr. Ambrogi look at this ordinance amendment. End of Planning Commission PUblic Hearings. Other Planning Items: MASTER DEVELOPMENT PLAN - FREETON - APPROVED Mr. Tierney presented this request noting that the Planning Commission recommended approval with conditions. Mr. Chuck Maddox, of G. W. Clifford & Associates, appeared before the Board to answer any questions they might have. Upon motion made by Robert M. Sager, seconded by W. Harrington Smith, Jr. Master Development Plan #004-92 - Freeton was approved as presented 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 WINCHESTER AREA TRANSPORTATION STUDY (WATS) - APPROVED Mr. Watkins presented this information to the Board stating that the Virginia Department of Transportation has been working for the past several years on an overall transportation study concerning Winchester and Eastern Frederick County. WATS is intended to provide the basis for major road planning in the area. This study is in its final stages, and it is important that our local governments be involved in this process, and they are requesting county input at various points, and one of those points have been reached. At this time Mr. Watkins presented slides to better explain to the Board about the interchanges. Mr. Watkins stated that the following recommendations for the interchanges are general in nature, and more specific studies and designs will have to be done before improvements are made. 650 He further stated that the staff would propose that the Board endorse the following statements to be forwarded to the Virginia Department of Transportation: I. The proposed improvements to the Interstate 8i/Route 17-50/Route 522 corridor are probably needed to improve safety. The County supports proposals made by the City of Winchester to improve intersection configurations to the east of this interchange. 2. In response to the Interstate 8i/Route II/Route 37 North corridor proposals, four lanes should be provided on Route II North from Brooke Road to the ramp to Route 37. Additional lanes should be added in each direction on the ramps to Route 37 and on Route 37 to 1-81. A new off ramp should be provided from eastbound 37 to Route II. The crossover to Crown Cork and Seal should be studied to determine if it can be more effectively designed to serve Crown Cork and Seal and Amoco Foam. The most effective design for the crossover to best meet traffic needs should be implemented. Additional signification should be provided for the 1-81 ramps. 3. In response to the Interstate 81/Route 277/Route II/Route 647 corridor proposals, a new bridge connect- ing Route 647 to the Town of Stephens City will have unacceptable impacts on the Town. Making Route 647 one way north could also have unacceptable impacts on Route 641. The County supports additional lanes on Route 277 and suggests that a right turn lane and signalization is needed on Route 647. Means to provide additional distance between the eastern 1-81 ramps and the Route 647 and Route 1012 intersections with Route 277 should be studied. Mr. Longerbeam asked if Route 37 North is going to be tied at all into the proposal for the new Route 37. Mr. Watkins replied, yes that is part of the long range planning. Upon motion made by James L. Longerbeam, seconded by W. Harrington Smith, Jr. and passed by the following recorded vote, the above recommendations for WATS were approved as presented: 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. ROAD AND DRAINAGE IMPROVEMENTS - APPLE RIDGE SUBDIVISION - APPROVED UNDER CONSENT AGENDA A memorandum from Harvey E. strawsnyder, Director of Engineering informed the Board that a pre-construction meeting as been held on June 4, 1992, to review the proposed improve- ents to the Apple Ridge Subdivision. As a consequence of this eeting a contract has been award to Superior Paving Corporation 651 for the subject project in the amount of $72,750.00. The project is scheduled to start on or before June 15, 1992, with a completion date of August 13, 1992. Upon motion made by James L. Longerbeam, seconded by Robert M. Sager, the above memorandum referencing Apple Ridge Subdivi- sion road and drainage improvements was approved by the follow- ing 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 MEMORANDUM - GORE SCHOOL DAY CARE - APPROVED UNDER CONSENT AGENDA Memorandum stating that two proposals had been received for day care services at Gore School. The committee recommends a lease with Lee Davis. Upon motion made by James L. Longerbeam, seconded by Robert M. Sager, the Gore School Day Care Memorandum was approved under 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 .r SHAWNEELAND CORRESPONDENCE - RE: AGREEMENT WITH PHIL GREEN - TABLED Upon motion made by James L. Longerbeam, seconded by W. Harrington smith, Jr., any action on this Shawnee land correspondence was tabled as 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 MEMORANDUM RE: APPROPRIATION OF FUNDS FOR STREETLIGHTING IN FREDERICKTOWNE AND GREENE ACRES - APPROVED Mr. Riley explained this situation to the Board and noted that $16,500 was needed in order to pay Potomac Edison for these streetlights. He further explained that the county has been working with Potomac Edison to try and work out some way that 652 these citizens can be billed directly by Potomac Edison for the lights, but as of this date this has not been achieved. He asked the Board to approve this amount in order that these lights would not be turned off come July l. He further explain- ed that he was working on having special legislation introduced in the General Assembly at its next session that would devise a plan in order that the citizens receiving the service would be the ones paying for the service. Mr. Sager moved at this time to appropriate the necessary funds and Mr. Longerbeam seconded the motion. Mr. Longerbeam stated that he felt a solution needed to be worked out, if it be a Homeowners Association or whatever in order that these citizens could keep their streetlights. Mr. Sager stated that he had talked with most of the people in Fredericktowne, and they are willing to do whatever is necessary to keep these lights on. Mr. Dick stated that in January this item was on the agenda, and at that time it was unanimously recommended by the Finance Committee that Frederick County not get into the light- ing business and pay these bills. He feels for the citizens that are affected by this, however there are a lot of dusk to dawn lights throughout Frederick County and there are ways in which these can be taken care of. He further stated that he thought enough time had been given to work this out, and there- fore would be voting against this appropriation of funds. Richard G. Dick - Nay W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye REQUEST FROM CHARLES ROBINSON ON BEHALF OF JAYCEES FOR OUTDOOR FESTIVAL PERMIT - TO BE ADVERTISED FOR PUBLIC HEARING - APPROVED UNDER CONSENT AGENDA HANDLEY LIBRARY AGREEMENT TABLED UNTIL JULY 8. 1992 BOARD MEETING - APPROVED UNDER CONSENT AGENDA COUNCIL ON CHILD DAY CARE AND EARLY CHILDHOOD PROGRAMS GRANT AWARD - APPROVED UNDER CONSENT AGENDA The county has been notified by the Council on Child Day Care and Early Childhood Programs that our proposal for a School-Age Child Care Planning Grant was selected to receive an 653 award of $1,800,00 for the period June 15, 1992 through Septem- ber 30, 1992. PUBLIC HEARING AN AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 5. ANIMALS AND FOWL: ARTICLE IV. DOGS: BY THE ADDITION OF SECTION 4-1-3.1. THIS AMENDMENT WILL ALLOW FOR THE ADOPTION OF A BARKING DOG ORDINANCE. Ms. Barbara Tuey, Gainesboro District, appeared before the Board endorsing this ordinance amendment, stating that she feels this county really needs an ordinance against barking dogs. Mr. Jim Lettermen, Gainesboro District, explained that he has encountered the same problems as Ms. Tuey, with dogs barking from 6:15 P.M. to 7 A.M. the following morning, and he whole- heartedly supported this amendment. A Shawnee District resident stated that he was in favor of this ordinance amendment, however, he would also like to see the Board do something about a noise ordinance. Mr. smith advised him that this is being worked on in committee, and should be forthcoming in the very near future. Upon motion made by w. Harrington Smith, Jr., seconded by Robert M. Sager the following ordinance amendment 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 4-1-3.1 It shall be unlawful, after written notice by the Sheriff to the owner, custodian or person in control or possession of a dog, for such person to suffer or allow such dog to continue to bark, howl, yelp, whine or otherwise make unreasonably loud noises as are plainly audible to adjoining residents or property owners in a residential sUbdivision so as to unreasonably annoy, disturb, bother, or vex such residents or property owners. Enforcement of this section shall be by the Sheriff of Frederick county. A violation of this section shall be punishable by a fine of not more than twenty-five dollars ($25.00) for the first offense and a fine of no more than one hundred dollars ($100.00) for each subsequent offense. Each such occurrence shall constitute a separate offense. PROPOSED ORDINANCE TO VACATE THAT CERTAIN PORTION OF THE PLAT OF SECTIONS "C" AND "D" PART 2 AND SECTION liE" PART 1 OF FREDERICK HEIGHTS SUBDIVISION OF RECORD IN THE OFFICE OF 654 THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY. VIRGINIA. IN DEED BOOK 307. AT PAGE 18. ET SEQ.. CONSISTING OF THAT CERTAIN PORTION OF REALTY LYING BETWEEN LOT 19. SECTION C AND LOT 1. SECTION E OF SUCH SUBDIVISION. BEING FIFTY-SIX (56) FEET IN WIDTH AND ONE HUNDRED. FIFTY (150) FEET IN LENGTH AND DEDICATED AS A PUBLIC STREET. AND. BEING THAT DEAD-END PORTION OF MILAM DRIVE LYING TO THE NORTH OF ITS INTERSECTION WITH RIDGE ROAD PURSUANT TO SECTION 15.1-482. CODE OF VIRGINIA. APPROVED There was no public input. Upon motion made by W. Harrington smith, seconded by Robert M. Sager, and passed by the fOllowing recorded vote, the above ordinance was approved: 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 THE POLICE COMMISSION MEETINGS HAVE BEEN CONCLUDED AND FINAL REPORT WILL BE FORTHCOMING VERY SOON STAFF ACTIVITY REPORT - MAY 16-31. 1992 - ACCEPTED AS INFORMATION COMMITTEE REPORTS: PARKS & RECREATION COMMISSION REPORT - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on May 19, 1992. Members present were: James Robinson, Charles sandy, Carmen Rio, Jimmie Ellington, Beverly Sherwood. The following action was taken: Submitted for Information only: Request for Impact Funds from Apple RidQe Homeowners Association Mr. Sandy moved to table the request until the June meeting to enable the staff to do further research regarding ADA requirements, seconded by Mr. Rio, carried unanimously (4-0). supplemental Request for SewaQe Disposal Mr. Ellington moved that, after requesting that the Frederick-Winchester Service Authority reduce their dumping fee for waste from the Clearbrook pool site, the department request additional funds needed to pump and haul waste from that site, seconded by Mr. Sandy, carried unanimously (4-0). A letter has een forwarded to the Frederick Winchester Service Authority, 655 and we are waiting for a response. No action required at this time. Potential Relocation of Warrior Road Mr. Ellington moved that the Commission endorse the plan proposed by the Planning Commission to investigate the reloca- tion of Warrior Road through the northwest portion of Sherando Park and to acquire suitable property adjacent to the park as part of the conversion, seconded by Mr. Sandy, carried unani- mously (4-0). JOINT MEETING OF CODE AND ORDINANCE AND LAW ENFORCEMENT AND COURrS COMMITTEES Mr. Riley presented this report. A joint meeting of the Code and Ordinance and Law Enforce- ment and Courts Committees was held on June 4, 1992, 8:30 A.M., Present were: W. Harrington Smith, Jr.; stephens G. Butler; George W. Johnston, III; Mindy Schryver; Robert M. Sager; James L. Longerbeam; Larry P. Coverstone and Sheriff Robert T. williamson. Charles W. Orndoff, Sr., B.G. Wyatt were absent. The committee submits the following: Discussion of Adoptina State Traffic Code for Local Law Enforcement Purposes The Sheriff advised the preliminary research he conducted concluded with the following points: - The State Compensation Board wil1 continue current levels of funding even if the county collects the additional revenue. - certain criminal charges by local law enforcement would require local funds to be spent for confinement in jail. Currently the state pays for confinement. The committees recommended that the code amendments be advertised for public hearing and that the subcommittee composed of steve Butler, George Johnston and Larry Ambrogi research Title 46.2 to determine which sections should be deleted from local enforcement. Mr. Riley presented this information to the Board. Mrs. Sherwood asked how the State Police would be involved in this and would they still be ticketing. Mr. Riley replied, yes, and if the charge was under state code then the funds would go to Richmond. 656 Mr. Riley explained that they had asked the Sheriff what kind of revenue could the county have expected since January 1, if these funds had come back to the county. He further explain- ed that this information has not been provided as of this date. Mr. Dick stated that he would like to see at least one of the four board members serving on this subcommittee. Mr. Sager stated that he would also like to know what impact this would have on the county as well as the state and the Literary Fund if we decided to approve this request. Mrs. Sherwood stated that she was not in agreement, particularly with this concept at all, and I have expressed that publicly. Part of this reasoning comes from the disproportioned amount of dollars that you are seeing in communities that are doing this. She further explained that her fear was that there would be some thrust to putting more personnel, that should be investigating, onto traffic control in the county. Mr. smith stated that he disagreed with her statement. He does not agree with the statement about the quota system. Upon motion made by Beverly J. Sherwood, seconded by James L. Longerbeam, and passed by the following recorded vote the above matter was tabled for further study. Richard G. Dick - Aye w. Harrington Smith, Jr. - Nay James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles w. Orndoff, Sr. - Aye Establishment of Joint Judicial Center Security The County Administrator requested that the Law Enforcement and Courts Committee meet with the City's Public Safety Commit- tee to discuss security of the Joint Judicial Center. Security matters discussed concern after hours security of the building, courtroom security and prisoner security while court is in session. Upon motion made by Robert M. Sager, seconded by W. arrington Smith, Jr., and passed by the following recorded vote the above request by the County Administrator was approved: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye 657 Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye AIRPORT AGREEMENT Mr. Riley made the following statement: At a recent City Council Meeting reference was made to the airport funding, and he would like to set the record straight. The airport 90-91 deficit was approximately $89,000. The county's half of this amount is currently being processed and will be paid next week during our regular bill cycle. The county needed to confer with the fiscal agents auditor that this amount was correct before our payment was submitted. The county's half of this is $44,500 which will be paid as I just said. The county is now fiscal agent for the airport. When the fiscal year is ended on June 30, 1992, the county will determine what the deficit is at the airport, and our share is budgeted to be paid and the City will be sent a bill for their half of the 91-92 deficit, not one- third, two thirds. In 92-93 there is a budgeted deficit based on the budget that has been submitted by the airport. The county's half of 92-93 has been budgeted, and we assume the City will pay their half of the bill when it is due at the end of the next fiscal year. That is what is stated in the agreement. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by W. Harrington Smith, Jr., seconded by James L. Longerbeam, and passed by the following recorded vote, the Board retired into Executive Session in accordance with the Code of Virqinia, 1950 as amended, section 2.1-344,(a)-1 and 6 to discuss acquisition of property and personnel. Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by Charles W. Orndoff, Seconded by W. Harrington Smith, Jr., and passed by the following recorded vote, the Board withdrew from executive session: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye 658 Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye BOARD RECONVENED TO REGULAR SESSION Upon motion made by Charles W. Orndoff, seconded by W. Harrington smith, Jr., and passed by the following recorded vote the board reconvened into regular session: 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 EVALUATIONS OF STEPHEN OWEN. ASSISTANT COUNTY ADMINISTRA- TOR. AND MIKE DIDAWICK. DIRECTOR OF ASSESSMENT. APPROVED AS PRESENTED Upon motion made by James L. Longerbeam, seconded by Beverly J. Sherwood, and passed by the following recorded vote, the evaluations of Stephen Owen and Mike Didawick were approved: Richard G. Dick - Aye W. Harrington smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye REQUEST FROM PARKS AND RECREATION DIRECTOR. JAMES DORAN TO FILL A VACANT ADMINISTRATIVE ASSISTANT POSITION IN HIS DEPARTMENT APPROVED Upon motion made by James L. Longerbeam, seconded by Beverly J. Sherwood and passed by the following recorded vote the board authorized the filling of a vacant administrative assistant position in the Parks and Recreation Department: 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 FROM TREASURER. C. W. ORNDOFF. JR.. TO FILL VACANT POSITION IN HIS DEPARTMENT - APPROVED Upon motion made by James L. Longerbeam, seconded by Beverly J. Sherwood and passed by the following recorded vote the board authorized the filling of the Accountant II position in the Treasurer's office. 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 659 BOARD DISCUSSED NOTHING IN EXECUTIVE SESSION OTHER THEN WHAT WAS STATED AS NEED FOR EXECUTIVE SESSION Upon motion made by Robert M. Sager, seconded by James L. Longerbeam and passed by the following recorded vote, nothing was discussed in executive session other then what was stated as the reason for requesting executive session: 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 PERSONNEL COMMITTEE REPORT Mr. Owen noted that there was still one item on the Person- nel Committee report that needed board action. REOUEST FOR SUPPLEMENTAL APPROPRIATION FOR PLANNING AND DEVELOPMENT DEPARTMENT The Committee received a request for a supplemental appro- priation in the amount of $2000 for part-time clerical help in the Planning and Development Department. The workload in the department has become backlogged due to the increased burden on the staff to assist the public with questions and information regarding the new address system. The Committee recommends approval of this request. Upon motion made by James L. Longerbeam, seconded by Beverly J. Sherwood and passed by the following recorded vote the above request from the Planning Department was approved: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye BOARD APPROVES PURCHASING 4.9 ACRES FROM NEWMAN SISK NEXT TO THE FREDERICK COUNTY LANDFILL FOR A PURCHASE PRICE OF $55.000 Upon motion made by James L. Longerbeam, seconded by W. Harrington Smith, Jr. and passed by the following recorded vote the board approved the purchasing of approximately 4.9 acres from Newman sisk in the amount of $55,000 for expansion of the Frederick County Landfill: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye 660 Beverly J. Sherwood - Aye Charles W. Orndoff, Sr. - Aye THERE BEING NO FURTHER BUSINESS, THE BOARD OF SUPERVISORS ADJOURNED . -- ---""\