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February 13, 1991 Regular Meeting174 A Regular Meeting of the Frederick County Board of Super- visors was held on February 13, 1991, 7:30 P.M., in the Board of Supervisor's Meeting Room, Frederick County Courthouse, Loudoun Street Mall, Winchester, Virginia. PRESENT Kenneth Y. Stiles, Chairman; Robert M. Rhodes, Vice - Chairman; Dudley H. Rinker; Roger L. Crosen; W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. MOMENT OF SILENCE Chairman Stiles requested a moment of silence for the men and women in the Armed Forces serving in the Gulf. ADOPTION OF AGENDA Mr. Riley, County Administrator, requested the following additions to the Agenda: 1. Mr. John Copenhaver, of the Shenandoah Peace Coalition, to Address the Board; 2. Mr. Roger Koontz to address the Board. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the Agenda was adopted as amended. CONSENT AGENDA Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the following items were approved under the Consent Agenda: TAB B - Resolution of Appreciation to Greenwood Volunteer Fire and Rescue Company. TAB C - Resolution Re: Frederick County Emergency Services Plan. TAB D - Fire and Rescue Services Agreement. TAB G - Correspondence from the Virginia Department of Transportation Re: 1991 Spring Preallocation Hearings for the Interstate, Primary and Urban Systems. TAB L - Resolution for Aerocenter at Victory Lane. TAB M - Road Resolution - Woody's Place. TAB O - Fire and Rescue Association Report. SCHEDULE SET FOR PUBLIC HEARING ON REZONING REQUESTS Upon motion made by Charles W. Orndoff, Sr., seconded by Dudley H. Rinker and passed unanimously, March 13, 1991 was set as the public hearing date for rezoning application number 275 001 -91 of G & F Partnership and rezoning application number of 002 -91 of Forrest L. Brown. RESOLUTION OF APPRECIATION TO GREENWOOD VOLUNTEER FIRE AND RESCUE COMPANY - APPROVED UNDER THE CONSENT AGENDA Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the following resolu- tion was approved under the "Consent Agenda ". WHEREAS, fire and rescue services to the citizens of Frederick County have, for several decades, been provided by a dedicated corp of volunteers; and Wes, over the years, volunteer Firefighters and medical technicians have provided exemplary fire protection and emergen- cy medical services in the truest spirit of neighbor helping neighbor; and WHEREAS, in 1970, a similar group of concerned neighbors in the Greenwood area came together to serve the common interest of public safety and formed the Greenwood Volunteer Fire Company; and WHEREAS, since that time, the Greenwood Volunteer Fire Company has established a sound record of dedicated service to the community and has expanded their mission to include emergen- cy medical services; and WHEREAS, the exemplary service rendered by the Greenwood Volunteer Fire and Rescue Company has touched the lives of thousands of their neighbors and made the Greenwood Community a better place to live and work. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors, on behalf of the citizens of Frederick County, expresses its deepest gratitude to the Greenwood Volun- teer Fire and Rescue Company for 20 years of dedicated fire and rescue service to the community; and BE IT FURTHER RESOLVED, that the Frederick County Board of Supervisors extends its best wishes to the Greenwood Volunteer Fire and Rescue Company for continued success, prosperity, and many more years of dedicated service to the community. RESOLUTION RE: FREDERICK COUNTY EKERRGENCY OPERATIONS PLAN - APPROVED UNDER THE CONSENT AGENDA Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the following resolu- tion was approved under the "Consent Agenda ". WHEREAS the Frederick County Board of Supervisors is greatly concerned with the health, safety and well being of its citizens and desires that the best possible emergency services be available to them; and WHEREAS, the Commonwealth of Virginia Emergency Services and Disaster Law of 1973 requires that each city and county develop and maintain an Emergency Operations Plan which address- es its planned response to emergency situations; and WHEREAS, such a plan has been developed by County staff in coordination with the Virginia Department of Emergency Services with input from responsible local agencies; 176 NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of Supervisors that on the 13th day of February, 1991, it does hereby officially adopt the Frederick County Emergency Operations Plan, to include plans and procedures for both peacetime and war - caused disasters. FIRE AND RESCUE SERVICES AGREENE21T - APPROVED UNDER THE CONSENT AGENDA Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the Fire and Rescue Services Agreement was approved as presented. REQUEST FROM THE SHAWNEELAND SANITARY DISTRICT MANAGER TO DISMANTLE THE SHAWNEELAND LODGE - APPROVAL GIVEN FOR BID PROCESS Mr. Stiles presented this information. There was no public input. Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, to proceed with the bidding process for the dismantling of the Lodge at Shawnee- land BRADDOCK HOUSE STATUS - DISCUSSED Mr. Riley presented this report and stated that Frederick County's share of the deficit is $60,000 and he felt the County should withdraw from Braddock House if there is no firm commit- ment by March 1, 1991. It was the consensus of the Board to hold this over until the second Board meeting in February (27th) for a final deci- sion. S. ROGER KOONTZ ADDRESSED THE BOARD RE: RECENT COUNTY REASSESSMENT Mr. S. Roger Koontz, County resident, appeared before the Board to request that they consider extending the recent re- assessment for one year. Mr. Riley explained that a letter had been received from Mr. Ortho Fraher, Department of Taxation, explaining the re- assessment process and had also answered Mr. Koontz's questions about the reassessment. Mr. Ambrogi, Commonwealth's Attorney, asked Mr. Koontz exactly what was it he was asking for. Mr. Koontz stated that the Board of Assessors can change reassessments. 177 Mr. Ambrogi replied for a whole subdivision, yes, but not arbitrarily one here and one there. Mr. Ambrogi further ex- plained the State Code and how it read in the area of reassess- ment and this is what the Board of Supervisors is bound by, regardless of how Mr. Koontz feels the process should work. Mr. Stiles explained that two years ago the Board decided to have the reassessment due to the increased value of real estate and he further reiterated that the County is bound by the laws of the State to do certain things, and further, that this reassessment could not be thrown out. Mr. Koontz stated he was not making this request for himself, but for many County citizens. Mr. Smith stated that the Old Dominion was now number one among the State as far as having the largest deficit, and this really bothered him. He further stated, as he has many times, that the problem is in Richmond, not Frederick County, as the State is responsible for making cuts which are being passed on to the localities. CORRESPONDENCE FROM THE VIRGINIA DEPARTMENT OF TRANSPORTA- TION RE: 1991 SPRING PREALLOCATION HEARINGS FOR THE INTERSTATE. PRIMARY AND URBAN SYSTEMS - APPROVED UNDER THE CONSENT AGENDA The above correspondence from the Virginia Department of Transportation was noted and approved under the "Consent Agenda ". PUBLIC HEARING ADOPTION OF AN ORDINANCE TO VACATE A PORTION OF THE FREDERICK HEIGHTS SUBDIVISION - TABLED FOR TWO WEEKS Mr. Riley explained this request. Mr. Craig Stoner, adjacent property owner, appeared before the Board and stated that if this was approved, his property would be landlocked. Mr. Stiles explained he would have access to his property as the Board could not landlock any property owner, and request- ed that Mr. Stoner meet with the Planning Department to work out the details. 178 Mr. Charles Longerbeam, adjoining property owner, explained that Mr. Stoner had been crossing the Glaize and Bowman property to get to his property. It was the consensus of the Board to table this for two weeks. SALE TO ROBERT C. RICHARD OF A 7.962 ACRE PARCEL LOCATED WEST OF VIRGINIA ROUTE 618 IN BACK CREEK MAGISTERIAL DISTRICT. FREDERICK COUNTY. VIRGINIA, BOUNDED ON THE NORTH BY J. CRESWELL, EAST BY R. C. RICHARD, SOUTH BY R. M. DICK AND ON THE WEST BY R. WILLIAMS - APPROVED Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the sale of a 7.962 acre parcel located West of Virginia Route 618 in Back Creek Magisterial District, was approved with the understanding that Greenway Engineering complete the survey, showing where corner stakes will be and that this be made available to the Board for their review. ISSUANCE OF NOT TO EXCEED $2 1.760.000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY TO FINANCE CERTAIN CAPITAL PROJECTS FOR SCHOOL PURPOSES AND RESOLUTION AUTHORIZING THE ISSUANCE OF THE BONDS AS REQUIRED BY SECTION 15.1-186(A) OF THE CODE, THE ESTIMATED INTEREST RATE ON THE BONDS IS 7.50% AND THE ESTIMATED AMOUNT OF INTEREST CHARGES REQUIRED TO RETIRE T HE BONDS IS $16.546.667 - APPROVED Mr. R. Thomas Malcolm, Superintendent of Frederick County Schools, appeared before the Board to explain how this funding would be received and stated that the full amount needs to be approved by the Board at this time, however $6.2 million is what will be received for the first payment by VPSA. Motion was made by Robert M. Rhodes and seconded by Dudley H. Rinker to approve the VPSA funding. Mr. Malcolm explained that before the Board made a final decision to say no, they needed to consider three basic factors. In 1993 some schools are still going to be overcrowded such as the high school and the middle school, and he felt there would be a real savings if this project would go to bid this Summer. He stated that in trying to save a million, if this project is delayed, it will cost three million in the end. Mr. Smith stated that he agreed but he did not want the County to put themselves in the same position financially as the State. 179 Mr. Stiles stated that he wanted everyone to understand that if this school is built there will be a need for a tax increase, however, he did not feel this project should be delayed. Mr. Crosen stated that financing and a new high school has weighed very heavily with him for the last few weeks, but he felt the new high school must be built. Mr. Rinker stated that he too felt this high school was very much needed. Mr. Stiles stated that he is not in favor of less than ten percent in new money for the schools, and further that what is being talked by the Senate and House is better than what the Governor is proposing. The Chairman called for a vote at which time the motion received unanimous approval. End of public hearings. PLANNING COMMISSION BUSINESS PUBLIC HEARING CONDITIONAL USE PERMIT 1019 -90 OF NICHELLE BROGGER - SHAWNEE MAGISTERIAL DISTRICT - APPROVED Mr. Watkins, Planning and Development Director, presented this conditional use permit request and stated that the Planning Commission recommended approval. Michelle Brogger appeared before the Board on behalf of her request. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, conditional use permit number 019 -90 of Michelle Brogger, Route 3, Box 191, Winchester, Virginia, for a Cottage Occupation /Catering Service on Route 847, just north of the southern terminus of Route 37 was ap- proved. This property is identified as Parcel 90 -0 on Tax Map 75 in the Shawnee Magisterial District. End of Planning Commission public hearings. REVISED MASTER DEVELOPMENT PLAN - COVENTRY COURTS - APPROVED Mr. Watkins presented this revised master development plan and stated that the Planning Commission recommended approval O with conditions. He stated that he did not want Greenwood Road moved on the Six Year Plan as it is desperately needed. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes and passed unanimously, the revised master development plan of Coventry Courts was approved. RESOLUTION FOR AEROCENTER ROAD AT VICTORY LANE - APPROVED UNDER THE CONSENT AGENDA Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the following resolu- tion was approved under the "Consent Agenda ": WHEREAS, by Resolution of this Board on September 25, 1985, it was unanimously resolved that the County of Frederick request of the Virginia Department of Highways and Transportation to construct an Industrial Access Road; and, WHEREAS, a deed to the land necessary to build the road has been obtained except for the land and easement of The Bartlett Realty Company, Inc. ( "Bartlett "); and, WHEREAS, Bartlett has rejected the County's bona fide offer of purchase, It was duly moved, seconded and unanimously passed that the following resolution is adopted: BE IT RESOLVED, that the County of Frederick, Virginia, recognizes the necessity for the construction of a public road over and through the parcel of land containing 3,459 square feet, together with a right of way along the access lane now existing, as shown on the attached plat, and hereby authorize the acquisition thereof, including the institution of appropri- ate condemnation proceedings pursuant to Titles 15.1, 25 and 33.1, of the Code of Virginia, 1950, as amended. BE IT FURTHER RESOLVED, that the County Attorney is direct- ed to proceed to obtain the appraisal and institute the condem- nation proceedings as may be necessary with full authority to associate such other counsel as he shall deem necessary. ROAD RESOLUTION - WOODY'S PLACE - APPROVED UNDER THE CONSENT AGENDA Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the following resolu- tion was approved under the "Consent Agenda ": BE IT RESOLVED, that the Virginia Department of Transporta- tion is hereby requested to add the following roads to the Secondary System of Frederick County, pursuant to Section 33.1 -229 of the Code of Virginia, 1950, as amended: Woody's Place (50' ROW) Carlisle Estates From: Intersection with Route 656 To: 1,046.03' or 0.20 mile West (cul -de -sac) Length: 1,046.03 or 0.20 mile and as described in Deed Book 659, Pages 105, 106, 107 and 108 and certified on September 17, 1987. The total length of the addition will be 1,046.03' or 0.20 mile. 181 BE IT FURTHER RESOLVED, that the Board of Supervisors does guarantee to the Commonwealth of Virginia an unrestricted right -of -way of 50 feet as described in the above referenced Deed Book and Page numbers with the necessary easements for cuts, fills and drainage. MEMORANDUM RE: ROUTE 37 CORRIDOR LOCATION STUDY - APPROVED Mr. Watkins presented this report. Mr. Chris Lloyd, AICP, from Maguire Associates Inc. was present on behalf of this study. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr. and passed unanimously, to approve the expenditure of $8,900 for Maguire Associates, Inc. to proceed with a portion of the work on the Route 37 Location Study as noted. End of Planning Commission business. JOHN COPENHAVER, REPRESENTATIVE OF THE SHENANDOAH PEACE COALITION, REQUESTED USE OF COURTHOUSE STEPS FOR PEACE VIGIL OPPOSING WAR IN GULF FOR EACH FRIDAY DURING LENT - APPROVED Mr. Copenhaver appeared before the Board to request the use of the Courthouse steps from 12:15 P.M. to 12:45 P.M. for a peace vigil to oppose the War in the Gulf. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the above request was approved with the understanding that the steps would not be blocked to prevent entrance into the Courthouse and that permis- sion be obtained from the City of Winchester. Mr. Crosen stated that the fact he voted for this request did not mean he was opposed to this Country's involvement in this War. Mr. Smith agreed, however he stated that he is in favor of persons' right to assemble. REQUEST FROM TERESA HILTY FOR PERMISSION TO USE AREA IN FRONT OF THE COURTHOUSE FOR A GROUP OF CITIZENS TO SHOW THEIR SUPPORT OF THE TROOPS CURRENTLY SERVING IN THE GULF - APPROVED Teresa Hilty, resident whose husband is currently serving in the Gulf, appeared before the Board and requested permission for a group of citizens to use the area in front of the Court- house to show their support of the troops currently serving in the Gulf. 182 Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the above request was approved with the same conditions as were approved for Mr. Copenhaver. COMMITTEE REPORTS FIRE AND RESCUE ASSOCIATION REPORT - APPROVED UNDER THE CONSENT AGENDA Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the following Fire and Rescue Association Report was approved under the "Consent Agenda ": The Fire and Rescue Association met on Monday, January 21, 1991 at 7:30 P.M., at the Round Hill Fire Station. All Fire and Rescue Companies were represented with the exception of Gaines - boro. Also present were Board member Roger L. Crosen, Director Thomas W. Owens and Fire Marshal Doug Kiracofe. The following items were discussed, however none required action beyond those on the Board's agenda: FY92 Budget Request Director Owens provided a status report of the Fire and Rescue budget request based on initial action by the Finance Committee. At this point the Committee is recommending no new positions and maintenance of level funding for Fire Companies. The Committee is continuing to study the proposed EMS contribu- tion formula. Cellular Telephone Service Information on cellular telephone service was discussed. Cellular phones have proven to be a valuable tool for on scene communications. A presentation by Shen -Tel can be arranged if companies are interested in learning more about cellular phone service. EMS Steering Committee It was reported that the EMS Steering Committee has a time and distance study underway. This effort will be to better define what the BLS response should be, based on the additional Rescue Companies that are being planned and implemented. Joe 183 Boyd will chair the Study Committee and each company will participate in the study process. Service Agreements All companies were provided with a copy of the final service agreement document that they will be asked to sign. The Board of Supervisors is requested to authorize the Chairman, County Administrator, and Director of Fire and Rescue to execute the agreement on behalf of Frederick County. Communications The Association's Communications Committee reported on the need for all Fire and Rescue personnel to adhere to the estab- lished communications procedures. With the level of funding that the County is providing for dispatch services, the Associa- tion is formally recommending that central dispatch be super- vised by a regional management committee. This will give the County more input and involvement in communication procedure and budget. 1991 Association Officers The Association's elections yielded the following officers for 1991: President - Perry Silva Vice President - Tommy Price Secretary - Tanya Holiday Treasurer - Jenny Schuler The meeting adjourned at 9:28 P.M. FINANCE COMMITTEE REPORT Mr. Rhodes, Chairman of the Finance Committee, presented the following report: The Finance Committee met on Wednesday, February 6, 1991. The following agenda items require Board action: Reauest from the Sheriff for a General Fund Auprooriation Transfer in the Amount of $4.500.00 - Denied The Sheriff requests a General Fund appropriation transfer of $4,500.00 from line item #3102 - 7005 - 000 -000 to line item #3102 - 7001 - 000 -000 for the purchase of an In -Car Camera record- ing system. No additional local funds are needed. See attached memo. Specifications on the camera will be available for review at the meeting. The Committee does not recommend approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, to approve the recommendation of the Finance Committee and deny this request. Request from the Finance Director for a General Fund Supplemental Appropriation in the Amount of $69,375.00 - Approved The Finance Director requests a General Fund supplemental appropriation in the amount of $69,375.00. This amount repre- sents funds awarded to C.L.E.A.N., Inc. through the Department of Criminal Justice Services for Multi - Generational Substance Abuse Services and whereby, Frederick County is acting as fiscal agent. No local funds are needed. No memo included. The Committee recommends approval. Upon motion made'by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above request was approved. Approved The Finance Director requests a General Fund supplemental appropriation in the amount of $544,536.02 to support the Regional Jail operations for the current fiscal year. Addition- ally, revenues of $528,860 from the State and $15,676 in local funds need to be appropriated. See attached memo. The Commit- tee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above request was approved. Approved The Finance Director requests a General Fund supplemental appropriation in the amount of $17,556 as Frederick County's portion of the archaeological survey in conjunction with the Virginia Department of Historic Resources, Shenandoah University and James Madison University. No local funds are needed as this is funded by the Department of Historic Resources. See attached letters. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above request was approved. 185 Request from the School Finance Director for a School Fund Supplemental Appropriation in the Amount of $9,669.79 - Approved The School Finance Director requests a School Fund supple- mental appropriation in the amount of $9,669.79 resulting from an increase in revenue for the Chapter 2 program. No additional local funds are needed. See attached memo. Also in the attached memo are appropriation transfers needed to complete the budget adjustments. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, the above request was approved. Request from the Sheriff for a General Fund Supplemental Appropriation Transfer in the Amount of $892.00 - Approved The Sheriff requests a General Fund supplemental appropria- tion in the amount of $892.00 for a drug awareness program. No local funds are required. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, the above request was approved. Request from the Finance Director for a General Fund Supplemental Appropriation in the Amount of $8,200.00 for Circuit Court Costs - Approved The Finance Director requests a General Fund supplemental appropriation of $8,200.00 for Circuit Court costs. The County has budgeted $26,000 for this purpose in FY 91. The reason for this increase is that Warren County no longer participates and the County approved a law clerk position in FY 91. See attached bill. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above request was approved. For Information Only: The following items pertain to the FY 1992 budget: 1. The Counsel for the Frederick County Board of Zoning Appeals requests an increase in their fee, from $1,200 annually to $2,400 annually beginning in FY 1992. See attached memo and letter. The Committee recommends no increase. .• 2. Blue Ridge Legal Services, Inc. requests a donation in the amount of $3,500 in FY 1992. See attached letter. 3. See attached letter from Shenandoah Valley Independent Living Center, Inc. 4. See letter from Dr. Beck, Lord Fairfax Community College. 5. See letter from Frank Sherwood, Lord Fairfax Soil and Water Conservation District. End of Committee Reports. COMMONWEALTH'S ATTORNEY, LAWRENCE R. AMBROGI. ADDRESSED THE BOARD RE: EARLIER DISCUSSION ON THE REASSESSMENT Mr. Ambrogi explained that he did not have the Code section during the first part of the meeting when the reassessment was discussed, but he had obtained it since then it clearly stated in Section 58.1 -32 -59 that the Board is restricted as to what they can do concerning the reassessment. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by Charles W. Orndoff, Sr., seconded by Dudley H. Rinker and passed unanimously, the Board retired into Executive Session in accordance with Virginia Code, 1950, as amended, Section 2.1 -344, Subsection A(1) to discuss personnel matters. BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by Robert M. Rhodes, seconded by Charles W. Orndoff, Sr. and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Robert M. Rhodes, seconded by Charles W. Orndoff, Sr. and passed unanimously, the Board reconvened into Regular Session. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes and passed unanimously, that nothing was discussed other than what was noted in the request for an Executive Session. HARVEY E. STRAWSNYDER HIRED AS DIRECTOR OF ENGINEERING AND GENERAL SERVICES L: Upon motion made by Robert M. Rhodes, seconded by Roger L. Crosen and passed unanimously, Harvey E. Strawsnyder was hired as the Director of Engineering and General Services. UPON MOTION DULY BADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. C� Cle oa d Of S ervisors