HomeMy WebLinkAboutOctober 23, 1991 Regular Meeting379
A Regular Meeting of the Frederick County Board of Super-
visors was held on October 23, 1991, 7:15 P.M., in the Board of
Supervisor's Meeting Room, Frederick County Courthouse, Loudoun
Street Mall, Winchester, Virginia.
PRESENT Kenneth Y. Stiles, Chairman; Dudley H. Rinker;
Roger L. Crosen; W. Harrington Smith, Jr. and Charles W.
Orndoff, Sr. Robert M. Rhodes, Vice - Chairman was absent.
CALL TO ORDER
The Chairman called the meeting to order.
INVOCATION
The invocation was delivered by John D. Copenhaver, Jr.,
Professor, Shenandoah University.
ADOPTION OF AGENDA
Mr. Stiles requested time for discussion of a letter from
the Shenandoah Apple Blossom Festival and City Lights.
Mr. Riley, County Administrator, requested time for discus-
sion of the following:
1. Tax exemption request;
2. Virginia Department of Transportation 20% funding
request;
3. Correspondence from the Opequon Neighborhood Watch.
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the Agenda was adopted as amend-
ed.
CONSENT AGENDA
There were no items for the Consent Agenda.
APPROVAL OF IiINUTES
Mr. Rinker stated that under the "Sherando High School Site
Plan" on Page 7, he would like for the record to show that he
had concerns regarding the screening on the north side of the
parking lot and that he had received concerns from residents in
that area regarding lights and noise. Mr. Pappas stated that
these concerns would be taken into consideration when the final
landscaping plans were done.
Mr. Rinker also asked that on Page 18, under the "Fee
Schedule for County Fire Marshal Services ", he would like for
the record to show that he asked if fees would be charged for
fb
services the Fire Marshal provides for conditional use permits.
Fire Marshal Doug Kiracofe explained that there would be no
charge since this it is not a part of the fee schedule.
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the minutes of the Regular
Meeting of October 9 1991 were approved as amended.
CERTIFICATE OF APPRECIATION - HENRY K. BRUMBACK - APPROVED
Mr. Stiles presented a certificate of appreciation to Mr.
Henry Brumback for twenty four years of service on the Social
Services Board. Mr. Stiles thanked him on behalf of the Board
and the citizens of the county for his outstanding contribution
to Frederick County.
Upon motion made by Charles W. Orndoff, Sr., seconded by
Dudley H. Rinker and passed unanimously, the certificate of
appreciation to Henry M. Brumback was approved.
CERTIFICATES TO EXTENSION HO1EMU ERS - APPROVED
Mr. Riley read these certificates which will be presented
to the Extension Homemakers at a later date.
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the certificates for the Exten-
sion Homemakers were approved.
JOHN POUR TRI- COUNTY O.I.C.. ADDRESSED THE BOARD RE:
ANNUAL REPORT
Mr. John Poux, Director, Tri- County O.I.C., addressed the
Board and presented them with a copy of their annual report. He
briefly summarized their activities and accomplishments during
the past year. He also noted the number of county participants
and those that were graduates of O.I.C.
BILL BUTLER, WINCHESTER - FREDERICK COUNTY VETERANS COUNCIL,
ADDRESSED THE BOARD
Mr. Butler appeared before the Board and requested their
favorable consideration of a donation in the amount of $10,000
toward the construction of a monument that is to be erected at
the Shenandoah Memorial Park to honor all Frederick County
veterans.
Mr. Raleigh Easter, also a member of this council, appeared
before the Board and stated that there is no monument either in
381
Frederick County or the City of Winchester that honors the
veterans that have served during the various wars other than the
monument that fronts on the Loudoun Street pedestrian mall and
that was for the Civil War.
Mr. Greg Valdez, representing Shenandoah Memorial Park,
addressed the Board and outlined what part the park would play
in this plan and stated that the park would absorb any cost over
$20,000.
Mr. Stiles asked what the time frame was for this project.
Mr. Butler responded that the council would like to have
the dedication on Memorial Day, 1992.
Mrs. Teresa Hilty, veteran and county citizen, endorsed
this request and in doing so stated that she too felt a monument
was needed so that the citizens of the area could show their
appreciation to all area veterans.
Mr. Smith stated that he felt this is one of the most
worthwhile requests that has come before the Board in the three
years that he has served as a Board member and he definitely
felt this should receive Board support.
Mr. Crosen explained that he felt it was very worthwhile,
but before voting on it he would like to get a feel from the
citizens as to their reaction.
Mr. Rinker stated that he was in favor of this request for
had it not been for these individuals and what they did for our
country we wouldn't be at this meeting tonight.
Mr. Crosen explained that his only concern is taking tax
dollars to build something on private land.
Mr. Smith moved at this time to approve the request and Mr.
Rinker seconded.
Mr. Crosen moved to table and send to the Finance
Committee. There was no second to this motion.
Mr. Smith's motion was approved by the following recorded
vote: Aye - Kenneth Y. Stiles, Dudley H. Rinker, W. Harrington
Smith and Charles W. Orndoff, Sr. Abstaining - Roger L. Crosen.
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Upon motion made by Dudley H. Rinker, seconded by W.
Harrington Smith, Jr. and passed unanimously, the second Board
meeting in November (27th) and December (25th) was cancelled due
to the Thanksgiving and Christmas Holidays.
PRocLAn ATION DECLARING ALZHEIIM'S DISEASE MONTH -
APPROVBD
Upon motion made by Dudley H. Rinker, seconded by W.
Harrington Smith, Jr. and passed unanimously, the following
proclamation was approved:
WHEREAS, More than four million people in the United States
are affected by Alzheimer's disease, a degenerative, progressive
disease that attacks the brain and results in impaired memory,
thinking and behavior; and,
WHEREAS, Alzheimer's disease is the most common form of
dementing illness, taking more than 100,000 lives in the U.S.
annually, making it the fourth leading cause of death among
older adults; and,
WHEREAS, Unless a cure or means of prevention is found for
Alzheimer's disease, an estimated 12 to 14 million Americans
will be affected by the year 2040; and,
WHEREAS, In one -third of all American families, one parent
will succumb to this disease; and
WHEREAS, Alzheimer's disease costs the United States more
than $80 billion dollars annually; and,
WHEREAS, An increase in public awareness about Alzheimer's
disease and the Alzheimer's Association may stimulate the
interest and concern of the American people, which may lead in
turn, to increased research and eventually to the discovery of a
cure of Alzheimer's disease; and,
WHEREAS, The Congress has resolved and the President of the
United States has proclaimed the month of November to be
National Alzheimer's Disease Month so as to increase the
public's awareness of Alzheimer's disease, and to support the
research and services being conducted by voluntary organizations
such as the Alzheimer's Association.
NOW, THEREFORE, We set aside this month of November as
Alzheimer's Disease Month. IN WITNESS, WHEREOF, I, /s/ Kenneth
Y. Stiles, do hereby proclaim November 1991 as Alzheimer's
Disease Month and encourage the citizens of Frederick County,
Virginia to observe this month with appropriate ceremonies and
activities.
MARJORIE S LEWIS REAPPOINTED TO THE HANDLEY REGIONAL
LIBRARY BOARD
Upon motion made by W. Harrington Smith, Jr., seconded by
Dudley H. Rinker and passed unanimously, Marjorie S. Lewis was
reappointed to the Handley Regional Library Board as a county
representative for a four year term, said term to commence
December 1, 1991 and expire November 30, 1995.
I. JOY FISH REAPPOINTED TO THE CHAPTER 10 BOARD
383
Upon motion made by W. Harrington Smith, Jr., seconded by
Dudley H. Rinker, I. Joy Fish was reappointed to the Chapter 10
Board as a county representative for a three year term, said
term to commence January 1, 1992 and expire December 31, 1994.
NOVEMBER 13 1991 SET AS THE PUBLIC HEARING DATE FOR
PROPOSED RURAL ROAD IIAME.S
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, November 13, 1991 was set as the
public hearing date for the proposed rural road names.
This correspondence was referred to the Public Works
Committee for their review and recommendation.
REQUEST FOR TAX EXEMPT STATUS - THE GLASS - GLEN BURNIE
FOUNDATION - REFERRED TO THE PUBLIC WORKS COM U TEE
Following discussion it was the consensus of the Board to
refer this request to the Public Works Committee for their
review and recommendation as there was some question as to
whether or not any of this property is actually within the
boundaries of the county.
PROPOSED FUNDING AS OUTLINED BY JOHN G. MILLIKEN, SECRETARY
OF TRANSPORTATION. TO BE PRESENTED AT A PUBLIC HEARING
SCHEDULED FOR NOVEMBER 25. 1991 - OPPOSED BY THE BOARD
The Board discussed the correspondence received from John
G. Millikin, Secretary of Transportation, wherein he outlined
what was being proposed to improve the delivery of transporta-
tion services in the Commonwealth.
Mr. Stiles questioned as to where the funds would be coming
from in order to put this plan into affect and it was the
consensus of the Board that they are totally opposed to this
plan as it now stands. The appropriate staff will attend the
public hearing scheduled for November 25 in Roanoke to voice
their opposition. A draft resolution opposing this funding is
to be prepared for the Board's November 13 meeting.
Upon motion made by W. Harrington Smith, Jr., seconded by
Roger L. Crosen and passed unanimously, the above was approved.
• 1 • :1' ► • 1 '''• M I
Upon motion made by W. Harrington Smith, Jr., seconded by
L. Crosen and passed unanimously, the following resolution
from the Hanover County Board of Supervisors was endorsed by the
BE IT RESOLVED, that the Hanover County Board of Super -
sors does hereby request the Virginia General Assembly to
tablish a Study Commission to review modification of the
llon Rule, and set a time for completion of its Charge, and
BE IT FURTHER RESOLVED, that a copy of this resolution be
sent to the Virginia Association of Counties requesting its
support of the establishment of the Commission, and
BE IT FURTHER RESOLVED, that a copy of this resolution be
mailed to all Virginia Counties.
Mr. Smith once again expressed his unhappiness with the
Dillon Rule and how it applies to the counties within the
Commonwealth, but does not to the cities, and once again called
on the upcoming General Assembly to make the necessary modifica-
tions.
CORRESPONDENCE FROM THE VIRGINIA DEPAR'1MMT OF TRANSPORTA-
TION RE: REVISED AGREEPMT FOR THE LOCATION STUDY OF ROUTE
37 - APPROVED
Upon motion made by Charles W. Orndoff, Sr., seconded by
ley H. Rinker and passed unanimously, the revised agreement
for the location study of Route 37 as presented by the Virginia
Department of Transportation was approved.
C ORRESPONDENCE • • : 1: OPEOPON NEIGHBORHOOD
ED TO THE BOARD
Mr. Ken Anderson, Secretary- Treasurer of the Opequon
Neighborhood Watch, appeared before the Board to explain what
had transpired with the Virginia Department of Transportation
and the citizens of this area and to make the following addi-
tional request:
1. Double line be extended to Route 629;
2. Speed limit be reduced.
Mr. Stiles requested that this request be referred to the
County Transportation Committee for their review and recommenda-
tion back to the Board.
Mr. Anderson also called the Board's attention to a sign
that is currently behind a cedar tree that needs to be moved as
no one can see the sign from its current location.
385
Mr. Jerry Copp, of the Virginia Department of Transporta-
tion, was present and the Board requested that he look into the
concerns that have been expressed by the Board at this meeting
and respond back to them as soon as possible.
Mr. Copp replied that he would.
CORRESPONDENCE FROM DAVID W BLAND EXECUTIVE DIRECTOR
- CITY LIGHT RE: INTEREST IN STEPHENS CITY SCHOOL BUILDING
URCLARED AS SURPLUS BY THE SCHOOL BOARD - REFERRED TO THE
PUBLIC WORKS COMMITTEE
PLANNING COMNIISSION BUSINESS
PUBLIC HEARING
CONDITIONAL USE PERMIT 0010 -91 - JOHN EDWARD MURTAGH -
SHAWNEE MAGISTERIAL DISTRICT - APPROVED
Mr. Watkins, Director of Planning and Development, present-
ed this conditional use permit request and stated that the staff
and Planning Commission recommended approval with conditions.
Mr. Murtagh was present on behalf of his request.
There was no opposition.
Upon motion made by W. Harrington Smith, Jr., seconded by
Dudley H. Rinker and passed unanimously, conditional use permit
number 010 -91 of John Edward Murtagh for an in -home office
(cottage occupation) with one employee was approved with condi-
tions as stated by the Planning Commission. This property is
located on Old Bufflick Road in the Shawnee Magisterial District
and is identified as Parcel F on Tax Map 77.
CONDITIONAL USE PERMIT 1011 -91 - LARRY L. EARHART - BACK
CRI= AAGINTERIAL DISTRICT - APPROVED
Mr. Watkins presented this conditional use permit request
and stated that the staff and Planning Commission recommended
approval with conditions.
Mr. Earhart was present on behalf of his request.
There was no opposition.
Upon motion made by Dudley H. Rinker, seconded by W.
Harrington Smith, Jr. and passed unanimously, conditional use
permit number 011 -91 of Larry L. Earhart for a truck repair
service was approved with conditions as stated by the Planning
Commission. This property is located off Route 631 on Route 629
in the Back Creek Magisterial District and is identified as
Parcel 10F on Tax Map 74.
SIX YEAR SECONDARY ROAD IMPROMOM PLAN - APPROVED AS
AMENDED
Mr. Watkins presented the Six Year Secondary Road Improve-
Iment Plan and stated that the Planning Commission and the
ITransportation Committee recommended approval.
Mr. Fred Harner, county resident, inquired as to when an
(area along Route 733 and 707 might be widened as the school bus
�Iuses this route and it is very dangerous the way it currently
Iis.
The question of right -of -way was discussed with Mr. Copp of
Ithe highway department and he is to check into this and get back
Ilwith Mr. Harner.
Mr. Stiles requested that additional items be added to the
Ilwork on Greenwood Road such as guardrails, etc.
Mr. Copp explained that the Virginia Department of Trans-
Iportation is currently in the process of looking into these
Icorrections.
Mr. Stiles stated that the intersection of Senseny Road and
(Greenwood Road definitely needs to be corrected as he did not
feel this intersection can go another four years without having
some work done on it. He suggested that this be moved to number
3 on the Incidental Construction List.
Mr. Orndoff inquired as to where Route 661 is with regard
Ito construction.
Mr. Copp replied that it is to be advertised in July, 1993.
Mr. Stiles and Mr. Orndoff requested that they be notified
Ilwhen this is done.
Mr. Crosen inquired about the status of Route 600.
Mr. Copp replied that this is scheduled to be advertised in
Ithe Spring.
Mr. Crosen thanked the other Board members for allowing
Route 600 to be moved up on the list as he did feel there is a
real need for this mainly due to the Indian Hollow School.
Mr. Copp stated that the Glaize access road should be
Icompleted within the next few days.
Upon motion made by Dudley H. Rinker, seconded by W.
(Harrington Smith, Jr. and passed unanimously, the following
387
1992 -1993 Six Year Secondary Road Improvement Plan was approved
as amended:
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.
1.992 -1993
SIX -YEAR MAJOR PROJECT ROAD IMPROVELKENT PLAN
RANK
ROUTE
FROM TO ADT
DISTRICT
AVT.DT.
1.
661
Rt. 672 Rt. 663 *808
Stonewall/
07/93
Gainesboro
2.
656 **
Rt. 657 Rt. 659 1380
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
Back Creek
UN /SH
bridge over back creek
7.
608
Rt. 50 Rt. 616 2343
Back Creek
UN /SH
8.
659
widen & improve btwn. *272
Shawnee
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 improvments
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
prev. 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
Opequon/
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
..
bliftL
25.
641
647
277
- 1736
Opequon
UN /SH
26.
761
it
664
*2061
Stonewall
UN /SH
27.
659
716
656
3217
Shawnee /
UN /SH
3.
649
648
625
58
Stonewall
07/94
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
32.
642
0.2mi.W.1070
1031
5081
Opequon/
UN /SH
Shawnee
33.
661
663
it
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
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 RO II+IPROVEI+IEN'P 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 TO ADP DISTRICT AVT.DT.
1. 695 522N. 1 mi. N 89 Gainesboro 07192
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
•
s
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 mi.N522
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
Opequon/
UN /SH
Back Creek
15.
696
522
694
84
Gainesboro
UN /SH
16.
638
625
759
84
Back Creek
UN /SH
17.
629
608
622
139
Back Creek
UN /SH
18.
636
709
735
49
Opequon
UN /SH
19.
811
671
.45mi.
128
Stonewall
UN /SH
N.671
20.
679
.30mi. W.608
.5mi.E.
98
Gainesboro
UN /SH
600
21.
734
addition of 1.mi.
85
Gainesboro
UN /SH
22.
704
683
W.VA.
124 * **
Back Creek
UN /SH
line
23.
676
.83mi. 5.671
677
154 * **
Gainesboro
UN /SH
24.
644
50E
Clarke
57
Shawnee
UN /SH
Co. line
25.
634
635
11
135
Opequon
UN /SH
26.
733
50W
707
80
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
RU TO
DESCRIPTION DISTRICT F1Y
1.
627
0.14mi. 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
culvert
$90
5.
659
0.30mi.
SW of N7
bridge over
Stone.
92193
Rt.714
Rt.714
Red Bud Run
11.
6.
622
621
620
150lbs. cold
B.C.
93/94
W Rt. 735
mix
12.
7.
681
0.82mi.
1.1mi.N685
Const. pipe
Gain.
93/94
N685
dist. at curves
overflow Brush
Creek
631
8.
648
631
0.10mi.
spot widen
B.C.
93/94
unpaved
sections
spot widen &
N.631
UN /SH
9.
608
685
690
spot widen &
Gain.
93/94
2.57
N600
bridge over
B.C.
tree removal
10.
604
.1 mi.
.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
165lbs. S -5
Opeq.
UN /SH
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 &
B.C.
UN /SH
improve shoulders
17.
603
Rt.55
.3 miles S.
relocate
B.C.
UN /SH
interesection
to
improve sight
dist
18.
739
Rt.672
WV line
165lbs. cold
Stone.
UN /SH
mix
19.
707
Rt.50W
Rt.733
spot widening
B.C.
UN /SH
20.
733
Rt.707
Rt.610
spot widening
B.C.
UN /SH
End of Planning Commission public hearings.
OTHER PLANNING
ITEMS
RURAL COMMUNITY CENTERS:
STUDY OF POSSIBLE ALTERNATIVE
WASTEWATER
TREATMENT
- APPROVED
Mr. Watkins
presented this information to the
Board.
Mr. Stiles
asked Mr.
Orndoff if
he would be willing to
serve on this committee.
Mr. Orndoff
replied
yes.
MEMORANDUM
RE: 6RE8NWOOD
ROAD
S -
DISCUSSED
UNDER THE SIX YEAR SECONDARY ROAD
1"ROVENENT
PLAN
UPON MOTION
DULY MADE, SECONDED
AND PASSED UNANIMOUSLY, IT
WAS
ORDERED THAT
THE BOARD OF SUPERVISORS ADJOURN.
Board o Supervisors C1 rk, Board of Sup r isors