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HomeMy WebLinkAboutDecember 11, 1991 Regular Meeting421 A Regular Meeting of the Frederick County Board of Super- visors was held on December 11, 1991, 7:15 P.M., in the Board of Supervisor's Meeting Room, Old 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. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by the Reverend David H. Knight of the Christ Episcopal Church. ADOPTION OF AGENDA Mr. Smith requested time under "County Officials ". Mr. Riley, County Administrator, requested approval of a resolution for Jim Ellington, an addition to the Finance Commit- tee and to move Tab S to Tab B as both of these resolutions have been combined into one and was being presented by the Director of Economic Development. Mr. Stiles asked if any Board members had final comments, that they be done following the Committee Reports. Upon motion made by Dudley H. Rinker and seconded by W. Harrington Smith, Jr., to adopt the Agenda as amended. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. Orndoff, Sr. - Aye CONSENT AGENDA Upon motion made by Dudley H. Rinker and seconded by W. Harrington Smith, Jr., to approve the following Tabs under the Consent Agenda: Tab D - Memorandum Re: Establishment of County World War II Commission. Tab R - Master Development Plan - Henry Business Park. Tab X - Personnel Committee Report. 422 The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. Orndoff, Sr. - Aye APPROVAL OF MINUTS Mr. Rinker stated that in the minutes of November 13, on Page 22, Mr. Ewing's first name should be "Bill" and not "Ray". Upon motion made by Dudley H. Rinker and seconded by Charles W. Orndoff, Sr., to approve the minutes of the Regular Meeting of November 11, 1991 as amended. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. Orndoff, Sr. - Aye RESOLUTION RE' NATIONAL PARK SYSTEM ADVISORY BOARD - APPROVED Upon motion made by Robert M. Rhodes and seconded by Dudley H. Rinker, to approve the following resolution and that Mr. Riley write a letter to Ms. Jean Travers with the National Park Service: WHEREAS, at the regular meeting of the Board of Supervisors for the County of Frederick, Virginia, held on the 11th day of December, 1991, it was duly moved and seconded that the follow- ing resolution be adopted: WHEREAS, "Civil War Sites in the Shenandoah Valley of Virginia" is a most significant study of the heritage of the Northern Shenandoah Valley; WHEREAS, the study's economic usefulness will be felt for years to come; WHEREAS, the Frederick County Board of Supervisors strategy identifies the Civil War activities to be a significant asset for tourism development; THEREFORE, BE IT RESOLVED, that the Board of Supervisors supports the pursuit, by the National Park Service, of a plan for the protection of and interpretation of these Civil War battlefields; FURTHER, LET IT BE RESOLVED, that since Winchester - Frederick County is the location of a number of significant battles, has superior accessibility, and is located at the entrance of the Lower Valley, the Frederick County Board of Supervisors supports the location of the major interpretive center in Winchester - Frederick County. 423 This resolution was approved by the following recorded vote: Kenneth Y. Stiles Robert M. Rhodes Dudley H. Rinker Roger L. Crosen W. Harrington Smith, Jr. Charles W. Orndoff, Sr. A COPY TESTE: John R. Riley, Jr. County Administrator The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. Orndoff, Sr. - Aye MUM Mr. Riley explained that notices had been sent to all county employees using the Winchester Parking Authority Parking Garage on Braddock Street that as of January 1, 1992 the monthly parking rate would be going from $20 per month to $25 and he felt this was a little unfair. It was noted that this is a total cost of $300 per year. Mr. Harrington Smith stated that he felt this was unfair in light of the fact that the Court Square Autopark was built on land that belonged to the county and was given in exchange when the Judicial Center was built. Following Board discussion, Mr. Smith moved and Mr. Rhodes seconded, that a letter be sent to the Winchester Parking Authority and City Council stating the Board's position on this matter, and further that they were definitely opposed to any further increases as they felt the amount being charged at present is too much. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye � ' Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. Orndoff, Sr. - Aye Mr. Smith stated that he would at this time like to thank the four Board members that would no longer be serving with him after December 31 for all their assistance and guidance during his service on this Board. He further thanked them for all their time, not only to their constituents, but to the county, and truly felt that it had been a privilege for him to serve with them. Upon motion made by Dudley H. Rinker and seconded by Robert IM. Rhodes, to approve the certificate to Jim Ellington for his (assistance to the county while manager of C & P Telephone. The above motion was approved by the following recorded Ivote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. Orndoff, Sr. - Aye Upon motion made by Dudley H. Rinker and seconded by W. Harrington Smith, Jr., to approve the memorandum with reference to establishing a county World War II Commission and that this be forwarded to the Historic Resources Advisory Board. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. Orndoff, Sr. - Aye t: ♦ 11 ♦ 6 4 :l '• ♦' 1 1' '• 1 1: Mr. Kris Tierney, Deputy Director of Planning and Develop- ment, presented this policy. 425 Mr. Rhodes questioned the role of the homeowners associa- tion. Mr. Smith stated that he felt it was good that the county have such a policy in place. Mr. Fred Harner, county resident, appeared before the Board and stated that some of his roads had been named and he was concerned that there might be some duplication. Mr. Stiles explained that he would need to discuss this with the planning staff who in turn could check the list to be sure there were no duplications. Upon motion made by Dudley H. Rinker and seconded by Charles W. Orndoff, Sr., to approve the proposed policy for future road name change requests. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. Orndoff, Sr. - Aye Correspondence had been received from the Opequon Ridge II Property Owners Association wherein they requested that the Board action of November 13, 1991, approving the request of Mr. Bill Wilson to change the name of a road in Opequon Ridge II Estates from "Devil's Backbone Overlook" to "Backbone Overlook ", be reversed and remain "Devil's Backbone Overlook ". Following some Board discussion, it was the consensus of the Board that this be referred to the committee within the planning department that is charged with road naming. DISPOSITION OF OLD STEPHENS CITY SCHOOL - RESOLUTION AUTHORIZING A LEASE AGREffi M - APPROVBD Mr. Riley explained that following Board and committee discussion, it was the consensus that this property be leased to the Town of Stephens City as spelled out in the resolution authorizing a lease agreement. Mr. Rinker stated that the committee had discussed the various options with regard to this property and felt their main 426 concern was that the building be restored and maintained, and therefore felt that the lease option for 99 years was the best solution. Upon motion made by Dudley H. Rinker and seconded by W.i. Harrington Smith, to approve the following resolution authoriz- ing a lease agreement with the Town of Stephens City for a portion of the Old Stephens City School: WHEREAS, the main building and adjacent land around Old Stephens City School were first declared surplus by the Frederick County School Board on October 9, 1991, and WH82EA.S, the School Board is scheduled to provide a more precise legal description of the property boundaries at their meeting scheduled for December 16, 1991, and WHEREAS, the Frederick County Board of Supervisors desires to enter into a long term lease of the building and grounds to the Town of Stephens City, NOW, TSBREFORE, BE IT RESOLVED, that the county admini- strator is hereby authorized and directed to prepare and exe- cute, on behalf of the county, a lease agreement which contains, but is not limited to, the following provisions: 1. Lease term to be 99 years, 2. Lease consideration to be equal to all insurance coverage, all improvements, and all ongoing maintenance of the subject property and building(s), 3. Access and egress to and from property shall continue to be via Mulberry Street or any other mutually accept- able means, 4. The existing parking lot shall be shared between the subject property and the remaining School Board proper- ty, and 5. Should the town cease to use the building for community purposes, the lease would be terminated. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. Orndoff, Sr. - Aye Mr. Bill Ewing, Stephens City Council Member, appeared before the Board and explained the Council's primary considera- tion is that the building be restored and maintained. Mr. Stiles stated that he would still hope that Handley Library would be interested in going with a short term lease mainly due to the location of Route 11 and 277 as he felt 427 accessibility would be a problem, and that it would not be a good planning idea for a long term situation. 111 1151M ;WWjV30)� AW N_ . / . Mr. Stiles explained that a petition had been presented to the Board wherein citizens of the Wilde Acres Subdivision were requesting that Wilde Acres be made a sanitary district. Mrs. Ethel Nichols, resident of Wilde Acres, appeared before the Board and explained why some of the citizens were making this request. Mr. Smith asked about a homeowners association, as well as what the total membership was, and if any dues were paid per year. Mr. Lawrence Ambrogi, Commonwealth's Attorney, explained to the Board that this is a complicated procedure and although the State Code refers to a petition, in this case the petition means law suit. Following discussion, it was the consensus of the Board that this not be acted on at this time and that it be referred to the new Board in January. Mr. Rinker stated that there are a lot of problems in operating a sanitary district and that he felt the county needed a policy outlining how a sanitary district should be managed and operated. RESOLUTION FROM APPOMATPDX COUNTY BOARD OF SUPERVISORS RE: DILLON RULE - ENDORSED Mr. Riley presented this resolution. Upon motion made by W. Harrington Smith, Jr. and seconded by Dudley H. Rinker, to endorse the following resolution from Appomattox County regarding the Dillon Rule: WHEREAS, the Commonwealth of Virginia does recognize and apply the "Dillon Rule" to Codes, Ordinances, Rules and Regula- tions, and WHEREAS, the County of Appomattox believes this rule to be excessive and restrictive, and therefore, BE IT RESOLVED, that the Appomattox County Board of super- visors does hereby request the Virginia General Assembly to establish a Study Commission to review modifications of the Dillon Rule, and set a time for completion of its Charge, and I � 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 and members of the Senate and House of Delegates representing Appomattox County. A Copy Teste: Adopted 10/11/91 by unanimous vote /s/ Dennis E. Gragg Dennis E. Gragg, Clerk Appomattox County Board of Supervisors The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. orndoff, Sr. - Aye L It was noted that Marge Rowe had resigned as a county representative on the Shenandoah Valley Private Industry Coun- cil. Mr. Stiles requested that this appointment be advertised. CORRESPONDENCE FROM KEN POULTER RE: SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE - RESIGNATION RECEIVED Mr. Rhodes stated that he was sorry to hear that Mr. Poulter had decided to resign as he felt he had contributed a lot to this committee and that his services would be missed. He further stated that after having time to consider Mr. Poulter's resignation, he felt that it would be in the best interest of the committee not to fill this appointment. He stated that he felt there are currently too many citizens on this committee, and due to the size it has become cumbersome and not as produc- tive as it might have been, therefore he felt this Board should not take any action on refilling this seat, and if the new Board felt differently, then they could act accordingly. PLANNING COMIIISSION BUSINESS PUBLIC HEARINGS .. . . . . . ... . Mr. Watkins, Planning and Development Director, presented this rezoning request and stated that the staff and Planning commission recommended approval. Mr. Scott Marsh, with G. W. Clifford and Associates, was present on behalf of the petitioner. No one appeared in opposition to this request. Upon motion made by Roger L. Crosen and seconded by W. Harrington Smith, Jr., to approve rezoning request number 009 -91 of Alson H. and Margarette M. Smith, to rezone 0.965 acres from B -2 (Business General) to RP (Residential Performance) for a single family dwelling. This property is located on the north side of Fox Drive, adjacent to Fox Ridge Subdivision, in the Gainesboro Magisterial District and is identified as GPIN 420000A000195A. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. Orndoff, Sr. - Aye CONDITIONAL USE PEMUT #012 -91 OF ROGER L. AND BETTY S. DEHAVEN - GAINESBORO MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this conditional use permit request and stated that the staff and Planning Commission recommended approval. Mrs. Betty DeHaven appeared before the Board on behalf of their request. No one appeared in opposition. Upon motion made by Roger L. Crosen and seconded by Robert M. Rhodes, to approve conditional use permit number 012 -91 of Roger L. and Betty S. DeHaven for a well drilling operation (cottage occupation). This property is located on Route 682, approximately one mile east of Route 608 in the Gainesboro Magisterial District and is identified as GPIN 210000A0000037. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye 43:0 Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. Orndoff, Sr. - Aye • • • • a• • • w' 5, 'a• Mr. Watkins presented this conditional use permit request and stated that the staff and Planning Commission recommended approval with conditions. Mr. Ballenger appeared before the Board on behalf of his request. No one appeared in opposition. Upon motion made by Roger L. Crosen and seconded by W. Harrington Smith, Jr., to approve conditional use permit number 013 -91 of Dick Ballenger for an off premise sign with conditions as recommended by the staff and Planning Commission. This property is located 17 miles north of Winchester on Route 522 North, south of the Trading Post, in the Gainesboro Magisterial District and is identified as GPIN 110000A0000051. The above motion was approved by the following recorded Ivote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. Orndoff, Sr. - Aye CONDITIONAL USE PERMIT #014 -91 OF ROBERT J AND MARY F. TURBEN - STONEWALL MAGISTERIAL DISTRICT - APPROVED WITH CONDITIONS Mr. Watkins presented this conditional use permit request land stated that the staff and Planning Commission recommended approval with conditions. Mr. Turben appeared before the Board on behalf of his request. No one appeared in opposition. Upon motion made by Charles W. Orndoff, Sr. and seconded by Robert M. Rhodes, to approve conditional use permit number 014 -91 of Robert J. and Mary F. Turben to operate a locksmith business (cottage occupation) with conditions as recommended by the staff and Planning Commission. This property is located off Route 522 North at 721 Purcell Drive, in the Stonewall 481 Magisterial District and is identified as GPIN 53 AOOA0000040 and 53AOOA00000850. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. Orndoff, Sr. - Aye • • ;11 1 �. �•�. 1 :�.Y �N 4.7 •.• • • 1 • NO • ,�; • :1 • r • • r 1 1 • ' 1 I z, •� • � ;i 1 I DI 1 1;1 Mr. Kris Tierney, Deputy Director Planning and Development, presented the packet of proposed changes to the Board and stated that number 7 had been amended from the original handout. Mr. Stiles reminded everyone of the public hearing rules and gave a background summary of when the five acre requirement was adopted by the Board. He stated that he was opposed to it then and is still opposed to it. He further stated that various committees, along with the Planning Commission, have worked on these regulations for the past eight years, and that the propos- al before the Board tonight is a result of these various meet- ings and many hours of work. He stated that he felt the propos- al was a good proposal, however he did plan on submitting some changes in the text that had come about as a result of a number of citizens contacting him and requesting these changes. At this time Mr. Stiles opened the floor for public com- ment. Mr. Fred Harner, county resident, stated that he understood that there had been a number of changes from what was finally decided upon by the Planning Commission and he would like to hear what those changes were before he continued with his comments. Mr. Stiles explained the changes that he was requesting to be approved by the Board. He explained that he met with Mr. 432 Tierney yesterday with regard to these changes, therefore, due to time constraints, no copies were available of his requested changes. He further explained that what was in the Board's agenda is what was advertised and he felt that the proposals that he was about to suggest would fall into the category that would be permitted as an amendment to what had been advertised. Mr. Smith asked if there were any copies of his proposed amendments. Mr. Stiles replied, no sir. He stated that what he was generally looking at under 4 -4 -1 with regard to density, he suggested that on those properties where the option is chosen that the county go with the smaller two acre minimum lot size with the 40% open space. He explained that he did not feel that the density would count against the 40% set aside for open space. He stated there would be an extra lot that would be allowed for people to go to the two acre lots and set aside the 40% open space so that on your one hundred acre lot size you would have the forty acre open space plus twenty lots in the remaining 60% of the acreage. Section 4 -6 -4.2 - Mr. Stiles suggested changing language on this which he felt was a double negative. He stated that he felt it should be worded as follows: Ten years from the date of creation and following a public hearing the Board of Supervisors may release the parcel from restrictions, that's the 40% on the restrictions, through the process of rezoning provided that the rezoning is consistent with the goals of the Comprehensive Plan in affect at that time. Any 40% which is within the urban development area at the time of it's creation, or is included as a result of future expansion, shall be eligible for rezoning at that point and shall not be subject to the ten year restriction on rezoning. Strike the language on providing substitute parcel of property somewhere else in the county. He stated that this ordinance applies to all of the rural zoned land in Frederick County, including the land that is east of 81 where there is potential water and sewer service, which is where the urban 433 development area would naturally expand at such time as the Board would choose to expand the urban development area. The principle uses would say: The set back for any family sub - division, any house built under the tenant house provisions of the ordinance elsewhere, or for any lot created around any existing use, keep in mind that there are a lot of houses on property in the agriculturally zoned districts that are not on separate lots. This would be fifty feet, is on family varianc- es, tenant houses or existing structures. 4 -7 -3 - Front Setbacks - Mr. Stiles suggested that rather than have two different setbacks of one hundred feet on existing roads and forty -five feet on new roads, which he was not sure he understood the logic for, that the existing setback in rural zoning which is sixty feet, be followed. Some minor language in 3 -6 -10 - simply says that subdivi- sions utilizing rural preservation lots shall demonstrate that an attempt has been made to place the environmental areas within the 40% open space. Mr. Smith called to Mr. Stiles' attention that 4 -8 -1 - Minimum Width on Existing State Roads, was missed. Mr. Stiles stated that he had probably received more comments on this, with exception of road requirements, than anything else, that five hundred feet width on an existing road is entirely too much. To have a two acre lot with five hundred feet frontage, you would have a 500 x 175 lot with a one hundred foot setback proposed and your proposed setback you could set trailers end to end, but that would be about all you could do on the lot. Mr. Stiles stated that he would suggest frontage width on state roads of two hundred fifty feet. He stated that he had a number of people suggest that that was too much, but he thought that was a reasonable figure. Mr. Rinker asked what the depth would be. Mr. Stiles stated that you still have a 4 -1 ratio in there, at maximum, two acres you need 90,000 square feet 86,000 square feet. Roughly 250 x 350, if you have a square 2 acre lot. Keep in mind that lots will be all sorts of shapes. You are dealing 434 with frontage. Most of the roads serving these subdivisions are going to end in a cul -de -sac. If you go anymore than one hundred feet on a cul -de -sac you may have two lots on the cul -de -sac, but that is all. It could create real design problems to go much more than one hundred feet. He stated that he would suggest leaving it at one hundred feet. Mr. Smith asked about the minimum width, three hundred feet. Mr. Stiles stated no, strike that, that would be two hundred fifty feet also. 4- 16 -2.1 - After extensive discussion with a lot of people, the planning staff, Mr. Stiles suggested that there not be a standard state road serving these subdivisions, five acre lots, in particular. Rather, that a road built to the tertiary subdivision street standards of the Department of Transportation dedicated to Frederick County for eventual acceptance into the state's secondary road system. Any road within a major rural subdivision, which is projected to carry volumes of traffic, exceeding the design capacity limits of tertiary roads, shall meet the traditional Virginia Department of Transportation requirements. Instead of the extension of private roads where no other means of access exists, that the road be built to standards consistent with existing roads within that subdivi- sion. Mr. Stiles explained what would be required for a terti- ary road: 1. Streets with one access to a state road. 2. Streets at their design are of limited traffic generation. In other words, they can't be extended. 3. One standard projected traffic count of up to 250 per day, and under the standards of 10 vehicle trips per day you are talking about this standard for 25 lots. For a second standard you are talking, these are Virginia Department of Transportation standards, from 250 to 400 trips per day. The road requirement would be for up to 250 vehicles per day, a forty foot right -of -way road with eighteen feet of pavement, maximum of these standards are twenty -two degrees curvature on the horizontal alignment, the Virginia Department of Transportation would go to twenty six and one half. Maximum 435 grade of up to 10% in rolling country, up to 16% in mountainous land, design speed in mountainous land of 20 miles per hour, thirty in level or rolling country, which means site distance of three hundred feet in level or rolling, two hundred in mountain- ous land. Six inches of stone base, with a prime and seal surface. For the second level road the only difference is eight inches of stone base with your prime and seal. According to engineers this road can be built for somewhere around $40 to $45 per foot under most conditions in Frederick County. A state road would run $70 to $75 per foot or more depending on the type of road that you are dealing with. He stated that if the Board wanted to achieve the goals of the ordinance as advertised, it could be done in one sentence, which would be that, "No one could live in the rural areas of Frederick County unless they earn $50,000 per year." The working class of people would not be able to live in the rural areas of Frederick County, and he stated that he was not ready to do that. He further stated that there were some things still in this ordinance that he did not agree with, however if the county waited for an ordinance that everyone agreed with, nothing would ever be adopted. Mr. Crosen stated that it concerned him that the Rural Issues Committee had worked on this for the past two years and within the last month this whole thing had been turned "topsy turvy ". He stated that he felt there have been some major changes announced tonight which he did not have a copy of, but was being asked to comprehend. He further stated that he felt the changes as suggested by Mr. Stiles are of enough magnitude, and since there was no urgency that this be adopted tonight, that this whole thing be referred back to the Rural Issues Committee and Planning Commission for their consideration of the recommended changes. Mr. Stiles stated that the Planning Commission has stated it intends to continue to study this as an on going matter, but at some point, action needed to be taken or two years from now a definite decision would still not be made. 436 Mr. Fred Harner, county resident, stated that he agreed with Mr. Stiles on the five hundred foot road frontage, but asked that the quality of roads be considered as he felt this would definitely add to the cost of the lot. Mr. Harner asked that the requirements for these roads be made available to everyone in order that the cost would be known up front. Mr. Manuel DeHaven, county resident and member of the Planning Commission, stated that he was opposed to the ordinance as it was currently written. He stated that he felt on the existing state maintained roads that the two acre lots should be two hundred foot frontage and the five acre lots should have a three hundred foot frontage. He stated that he felt an all weather road would be sufficient. Mr. Stiles stated what was being proposed would be essen- tially an all weather road. Mr. T. G. Adams, county resident, referred to property that he owned, mountain land located on Route 704, south of Gore. He explained that he has been making improvements on this property, but is concerned about different sections of this proposed ordinance. He referred to Page 2, Sections 4 -6 -1 and 4 -6 -3 and the five acre lots and agriculture. He explained that due to where his lots are located, there is no way they could be considered agriculture. He also referred to Page 7, Section 4- 16 -2.1 and the requirement for state standard roads. He stated that he did not feel that the state would ever take over the roads of this particular property that he has been working Ion. Mrs. Claudia Bean, President of Citizens for a Quality Community, stated that her group does not support the current version of the Rural Areas District Regulations nor the sugges- tions in the amendments as presented by Mr. Stiles. She further stated that they did support the concept of clustered develop- ment in rural areas and they felt this proposal falls short of real rural preservation. Mrs. Bean stated that the current proposal puts the interest of the individual property owner ahead of the interest of the larger group of property owners, 437 the community at large. She requested that this matter be tabled and considered by the new Board members. Mr. Lawrence Fag, resident of Opequon District, asked what effect this increase in housing would have on the groundwater table. He stated that he felt additional information was needed, therefore he requested that this be tabled for addition- al information and some fine tuning. Mr. John Goode, Jr., resident of Gainesboro District, stated that when he came to the meeting this evening he was opposed to this ordinance, but has changed his mind after hearing Mr. Stiles' proposals and asked if the Board chose to vote on this tonight, that it be 100% with the changes as requested by Mr. Stiles. Mr. Jim Wilson, resident of Gainesboro District, asked about the land use and if it has to be twenty acres, plus one for the house, rather than five acres. Mr. Stiles stated that it depends, for agricultural purpos- es, it is five acres, plus the acre building lot. To qualify for forestal it does have to be twenty acres plus a building site if one is there. Mr. Wilson requested that this be clarified. Mr. Wilson referred to the section on the five acre maximum incline of 10 %. He stated that he felt there is a lot of land in Frederick County that you would not be able to construct a road. He further stated that for years the county has talked about low income housing, which we know we don't have, and if they stick to this, he is not sure we even have medium income housing. He requested that this be tabled and let the new Board work with it. Ms. Pat Whitacre, resident of northern Frederick County, stated that she was concerned with building roads that are better than the roads that currently go by the property. She referred to Route 700 and stated that if the roads are built as discussed tonight, they would be better than Route 700. She stated that she felt additional study was needed on this ordi- nance. Mr. Tom Ashton, an on sight sewage disposal consultant, practicing in Frederick County, stated that he had been request- ed by several realtors and small builders to speak on their behalf and their concerns about drainfields. Ms. Becky Morrison, citizen of Gainesboro District, re- quested that any Planning Commission member that was present to come forward and explain what advantages they think this plan nas. Mr. Stiles stated that was their option, they did not have to. No one came forward. Ms. Morrison referred to the density and the ten year stipulation as stated in the paper and wanted to be sure she understood the proposed changes with regard to these two items as presented by Mr. Stiles earlier. She referred to the recent reassessment and how this had effected a nine acre cornfield because it is a prime building site. She stated that she agreed with Mr. Crosen and asked that this be tabled. Mr. Stiles stated that for the record that this proposal had absolutely nothing to do with any reassessment, unfair, alleged or otherwise. This proposal has been in the works for eight years and they have been through two reassessments during that time. The assessment would not change unless someone subdivided the lot. Mrs. Urva Crowder, resident of Gainesboro District, stated that she felt what the Board was proposing was for development, it is not for anyone that is a producer on the land, either for the orchardist or the farmer. She stated that she felt people who would benefit from this were the developers. Ms. Donna Biggs, resident of Stonewall District and an environmental planner, stated that she came to this meeting wholeheartedly supporting this effort, but after listening to some of the landowners, she had changed her mind. She stated she did not agree with what would be allowed as far as twenty acres is concerned, prefers that the remaining 40% should be owned by the people that have bought the two acre lots. " 4 Mr. Crosen asked for clarification of this, that he was under the impression that if someone had a one hundred acre farm now, that they had twenty building rights, if they use five acre lots, and if we go to two acre lot proposal, that they could then have nineteen two acre lots and a balance of that 40% would be the other twentieth lot. Mr. Kris Tierney replied as currently proposed, that is correct. Mr. Crosen stated that his point was that the 40% they are talking about here would be one of the twenty lots that someone is going to own, it would be like a mini farm. Mr. Stiles stated that in many cases it would be actively farmed, most cases would be where the property owner lived. Mr. Gerald Crowell, area Forester with Frederick County and the Virginia Department of Forestry, stated that proper forest management cannot be done on five acre lots, can be done, only with difficulty, on ten acre lots, cannot be done on two acre lots. He stated it can be done on the 40% reserved area that is being proposed through this ordinance. He requested that the Board eliminate the ten year moratorium, or whatever it is called, for the 40% reserved and put that in perpetuity. The public hearing was closed at this point. Mr. Stiles stated that he felt with the proposal, both as advertised and with the amendments that he had offered, would go a long way in preserving the rural atmosphere of Frederick County, and it would be superior to what is currently in place. He stated that he felt that property owners should have the option, if they wish, to retain the old five acres. He further stated that the survival of agriculture in Frederick County will depend on the economics of agriculture and not whether or not an ordinance is adopted in Frederick County. Mr. Stiles further stated that property owners have rights and he felt the property owners were entitled to resent people who seemed hell bent on preserving someone else's property at someone else's expense. He further stated that this proposal had been through, he couldn't say how many meetings, trying to get to the point where s s it is now, and at some point it is time to count votes and go forward the best they can. He stated the alternatives tonight are either to adopt this, or do nothing. Mr. Crosen referred to remarks made at this meeting with reference to cost of roads and the fact that this will raise the cost of the lots back on the new roads. He asked that he be shown either by the developer or realtor decreased prices on the lots that front on existing state roads, he would be looking for those prices to come down, as those roads were already there, and everyone knows that will not happen. He stated that as far as the road issue is concerned, that it is one of those deals where it is pay me now or pay me later, and he felt it was a disservice to most people if they do not receive a state road. Mr. Crosen moved at this time to refer this back to the Rural Issues Committee and Planning Commission. Mr. Smith seconded this motion. The vote was as follows: Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith, Jr. - Aye Kenneth Y. Stiles - Nay Robert M. Rhodes - Nay Charles W. Orndoff, Sr. - Nay The motion died on a tie vote. Mr. Crosen requested that if the Board is going to proceed lwith this matter tonight, that they deal with Mr. Stiles' recommended changes one at a time. Mr. Stiles stated that he intended to. He asked other Board members if they had any questions of staff at this time 1with regard to what was advertised. Mr. Smith asked Mr. Stiles if he had a copy of these previsions. Mr. Stiles responded that he only had the one that Mr. Tierney had prepared for him. Mr. Smith asked if someone could go get some copies made. Mr. Stiles asked Mr. Miller of the planning department to �Imake the copies. • •• zs • 1�r ► IM IF, • :r 441 Mr. Kris Tierney presented this ordinance amendment and stated that it would exempt 15,000 sq. ft. lots from the lang- uage in the ordinance that was recently adopted requiring stormwater management. He stated that in place of that, with language whereby the stormwater leaving any given development, would have to first show that there was an adequate channel available for that discharge. Mr. Smith requested that some wording be changed. He stated that three quarters of the way down the page it states the Planning Commission "may exempt" and he would rather it say the Planning Commission "shall exempt subdivisions..... " , providing the exempted subdivision should meet the requirement of state Erosion Control, otherwise there is too much gray area hanging around. Mr. Rex Wakeman, resident of Shawnee District and developer of 15,000 sq. foot or larger lots, stated that he was in favor ,I of the change that Mr. Smith had requested. Upon motion made by W. Harrington Smith, Jr. and seconded by Charles W. Orndoff, Sr., to approve the following ordinance amendment with amendment as stated above: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 18, SUBDIVISION ORDINANCE; ARTICLE IV, DESIGN STANDARDS, SECTION 4 -6 -1 4 -6 -1 In addition, a stormwater management plan for a land development project shall be developed so that from the site the post - development peak runoff rate from a two (2) year storm and a ten (10) year storm, considered individually, shall not exceed the pre - development rates. Pre - development and post development runoff rates shall be verified by calculations that are consistent with good engineer- ing practices, county and state standards and acceptable to Frederick County. The Planning Commission may exempt subdivisions in which all lots are 15,000 square feet or more in area from the above requirements. In such cases, the exempted subdivision shall meet the requirements of the State Erosion and Sediment Control Regulations, VR 625- 03 -22, Paragraph 19. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye 442 Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. Orndoff, Sr. - Aye Mr. Stiles presented this and Mr. Riley read the resolu- tion. Ms. Barbara Thomas, city resident, asked why. Mr. Stiles responded that because the designation of a scenic byway does have an impact on peoples' use of the proper- ty Ms. Thomas asked how. Mr. Stiles replied, zoning, such as uses the property could be put to, there are some significant impacts when a road is designated a scenic byway. Ms. Thomas stated that she would like an opportunity to read this policy. Mr. Stiles tried to explain to Ms. Thomas, unsuccessfully, why this policy was being requested. Mrs. Claudia Bean, President of Citizens for a Quality Community, requested Mr. Ambrogi to look up the ordinance in question at this time in order that this matter might be cleared up tonight. She further stated that she felt the county was making this policy more difficult than the state requires it to be. Mr. Rhodes referred to a site on Cedar Creek Grade and the fact that nothing can be done because of the way the ordinance 4is currently written. Mr. Stiles explained that he was absolutely baffled as to 1why there was a problem with letting the people that live along these roads know that their road is being proposed as a scenic bbyway• Mr.Watkins stated that when an application comes in, the staff will review it, Mr. Ambrogi's office will review it and the Board will be given an interpretation as to what the impacts care. Mr. Crosen stated that he was in favor of this resolution, for at least one good reason, and that is that there is a 443 definite need for local input and he did not want the state of Virginia deciding what roads in Frederick County should be designated as scenic. Upon motion made by Dudley H. Rinker and seconded by Robert M. Rhodes, to approve the following resolution on scenic byways: WHEREAS, the Virginia Department of Historic Resources and the Virginia Department of Transportation administer a program for designating scenic byways in the Commonwealth of Virginia, and WHEREAS, Frederick County promotes local and public partic- ipation in public policy decisions, and WHEREAS, the process of designating scenic byways can be initiated by individual private citizens, NOW, THEREFORE, BE IT RESOLVED, that on this 11th day of December, 1991, the Frederick County Board of Supervisors insists that proposals for scenic byways in Frederick County be reviewed by appropriate County Boards, Committees and Commis- sions and that appropriate opportunities for public participa- tion be provided before scenic byways are designated in the County. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. Orndoff, Sr. - Aye Y'1' h• IJ,44 � • � • � 1 � • 1 ' 1 1 1 • Mr. Stiles stated that in section 4 -4 -1, when someone goes to the two acre set aside, on their set aside part on your mythical one hundred acres you could do twenty lots and still have your remaining agricultural land. Mr. Crosen stated that he had some concern, that you are saying it is going to increase it by one lot, but when you multiply that by the number of different parcels throughout the county, it is a more significant number and he had some concerns about it as he felt this will increase density, and he would rather not do this. Mr. Rhodes stated that he was in favor of this amendment as he felt it would assist the farmer. All of the Board Members were in favor of this amendment with the exception of Mr. Crosen. ME I Mr. Stiles stated that in section 4 -6 -2, changing language where it talked about the property being in conflict with the Comprehensive Plan, the change would read through the process of rezoning, provided that the rezoning is consistent with the goals of the Comprehensive Plan in effect at that time. He stated that any 40% parcel that is within the urban development area at the time of it's creation, or is included within the urban development area as a result of future expansion of the urban development area, shall be eligible for rezoning at that point, and shall not be subject to the ten year restriction on rezoning. Mr. Crosen stated that he felt essentially what is being proposed will eliminate the ten year restriction. Mr. Stiles stated that just for the very limited portion of land that would be subject to being included in an expanded urban development area. Mr. Crosen stated that Mr. Stiles just stated that he did not conceive of much land outside of the urban development area being eligible for rezoning. He stated that this kills the ten year restriction altogether. Mr. Riley explained at this time a piece of property in the City on Papermill Road is still designated RA, but everyone knew (that within the next year or so when that line changes, it will The going to RP, under the urban development area. Mr. Crosen said okay, that if we concede that point for the eastern side of town, how about allowing him to increase his ten years to twenty -five years to take care of the western side. He stated that he felt ten years is a relatively short time when you are talking about planning. He further stated that if the county is not going to set aside this 40% open space for more than one decade, then he did not feel the Board had really accomplished much in trying to preserve the rural nature of the county. Mr. Stiles explained that before anything can be done, lother than what is in this ordinance, would require Planning lCommission ordinance and Board action. Mr. Rhodes asked what if you did not want to get rid of all the land at one time, what if you want to keep some of it to farm. Mr. Crosen stated that he is helping to do that with 40% set aside for twenty years. Mr. Orndoff asked about the land, if it were tied up in an estate, he did not feel that it was fair to make a farmer wait for his money when he had been paying taxes all along on this property. Mr. Crosen stated that he has already done his initial development of the same density that he has the right to now. He stated that he thought the problem is that this Board is not committed to preserving the rural land in Frederick County, and they may as well admit it. Mr. Stiles stated that he has listened for a number of years to a number of people that do not have to earn a living farming, telling them how they are going to preserve farm land in Frederick County. He stated that he felt those people farming, trying to make a living off the land, should have something to say with what they can do with their land. With the exception of Mr. Crosen, who was opposed, all the Board members felt the time period should be ten years. The entire Board was in favor of the other amendments to this section. Mr. Stiles stated that section 4- 7 -1. -1 allows for the creation of a lot around an existing house. He stated that it retains the two hundred feet setback for new lots from orchard land and a hundred feet from any agricultural land from new lots, but where existing structures exists, it does allow for the creation. All the Board concurred with this amendment. Mr. Stiles stated Front Setbacks, section 4 -7 -3, the existing setback line or frontage setback is sixty feet in RA and this says sixty in newly created lots, or on existing state roads. MU Mr. Watkins stated that some of the staff felt that it would be somewhat appropriate if you use the sixty feet, to leave the forty -five feet on the new roads. Mr. Stiles stated that he did not have any problem with that. The size would be 60 and 45. Mr. Stiles stated that frontage on state maintained roads has been suggested at two hundred fifty rather than five hundred or three hundred on existing roads, retain one hundred on new roads. Mr. Crosen stated that he had passed out, prior to to- nights meeting to each board member, two plats, which are for the Braddock Hills Subdivision. He requested that each Board member look at Section I. the main road going into the develop- ment. He felt that they are nicely shaped lots with most of them having a frontage of at least two hundred fifty feet, generally two and three acre lots. He stated he would like to see the Board write the frontage in at a minimum of three hundred feet. He referred to the second plat and stated that the lots that are located on the hill in this development have only a hundred feet of frontage on the street, and they look like bowling alleys. He further stated that he really thought they should be two hundred foot lots. Mr. Crosen requested that it be two hundred feet with the exception of lots on a cul -de- sac where frontage may be one hundred feet at the setback. The Board was in agreement with this. Mr. Stiles stated that section 3 -6 -10, per Mr. Tierney, this is not a change, just ignore this. Mr. Stiles stated that section 4- 16 -2.1, tertiary road standards are existing state standards. He stated the roads can be accepted into the state system for state maintenance, there would be no necessity for a homeowners association. He stated that up to twenty -five lots you do a forty foot road, eighteen feet of surface and six inches of stone with a prime and seal or tar and chip base surface. Twenty -five to forty lots, twenty ( foot pavement width with eight inches of stone base. Different standards for different types of land. The entire Board agreed with this amendment. 447 Mr. David Nichols, resident of Opequon District, asked when a road would be required to be completed. Mr. Stiles replied after three lots are sold. Mr. Tierney stated as lots are sold. Upon motion made by Robert M. Rhodes and seconded by Charles W. Orndoff, to approve the proposed amendments to the Zoning Ordinance as they relate to land division outside of the urban development area, with amendments as stated. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye W. Harrington Smith - Aye Charles W. Orndoff, Sr. - Aye Dudley H. Rinker - Nay Roger L. Crosen - Nay Mr. Rinker and Mr. Crosen stated that they felt this needed to go back to the Planning Commission. End of Planning Commission public hearings. (A copy of the Subdivision Ordinance is on file in the Office of Planning and Development). The Board took a five minute recess. •4:1;+1; I /1� h• ,� rl • , I a Upon motion made by Dudley H. Rinker and seconded by W. Harrington Smith, Jr., the master development plan of Henry Business Park was approved under the Consent Agenda. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. Orndoff, Sr. - Aye • _'•__ 7• Iii • • �1 • ' • I H' :i�l : , 1 . . ... • T Dim M • � Upon motion made by Dudley H. Rinker and seconded by Charles W. Orndoff, Sr., to approve the following road resolu- tion: BE IT RESOLVED, that the Virginia Department of Transporta- tion is hereby requested to add the following road to the Secondary System of Frederick County, pursuant to Section 33.1 - 229 of the Code of Virginia, 1950, as amended: Condor Court (50' ROW) Greenbrier North Subdivision From: Intersection with Route 647 To: 197.59' or 0.04 mile N.W. of intersection with Route 647 Length: 197.59' or 0.04 mile and as described in Deed Book 758, Page 0550 and certified on April 4, 1991. The total length of the proposed addition is 197.59' or 0.04 mile. BE IT FURTHER RESOLVED, that the Board of Supervisors does guarantee to the Commonwealth of Virginia an unrestricted right of way of 50' as described in the above referenced Deed Book and Page numbers, with the necessary easements for cuts, fills and drainage. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. Orndoff, Sr. - Aye • •�• 9' �i i • i • • a � �� � :a• _ • � Upon motion made by Charles W. Orndoff, Sr. and seconded by Dudley H. Rinker, to approve the following road resolution: 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: Imboden Drive (60' ROW) Baker Lane Industrial Park From: Intersection with Route 1200 To: 1,137.41' or 0.22 mile East of intersection with Route 1200 (cul -de -sac) Length: 1,137.41' or 0.22 mile and as described in Deed Book 599, Page 599 and certified on August 22, 1985 The total length of this addition is 1,137.41' or 0.22 mile. BE IT FURTBIER RESOLVED, that the Board of Supervisors does guarantee to the Commonwealth of Virginia an unrestricted right of way of 60' as described in the above referenced Deed Book and Page number, with necessary easements for cuts, fills and drainage. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. Orndoff, Sr. - Aye • • • � • � • y:, �; • _� _4+S!__: Yid: � _ � • � ... • ;,i• Upon motion made by Charles W. Orndoff, Sr. and seconded by Dudley H. Rinker, to approve the following road resolution: 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: Confederate Drive (60' ROW) Third Battle Subdivision From: Intersection with Route 1325 To: 190.00' NW of Intersection with Longstreet Avenue (cul -de -sac) Length: 578.66' or 0.11 mile and as described in Deed Book 578, Pages 227 and 230 and certified on June 25, 1984. Longstreet Avenue (60 ROW) Third Battle Subdivision From: Intersection with Route 1325 To: Intersection with Confederate Drive Length: 601.57' or 0.11 mile and as described in Deed Book 578, Pages 227 and 228 and certified on June 25, 1984. The total length of the proposed addition is 1,180.23' or 0.22 mile. BE IT FURTHER RESOLVED, that the Board of Supervisors does guarantee to the Commonwealth of Virginia an unrestricted right of way of 60' as described in the above referenced Deed Book and Page numbers, with the necessary easements for cuts, fills and drainage. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. Orndoff, Sr. - Aye Upon motion made by W. Harrington Smith, Jr. and seconded by Dudley H. Rinker, to approve the following road resolution: 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: Fair Lawn Court (50 Lakewood Manor, Sections V -VIII From: Intersection with Route 1180 To: 225.00' S.W. of Int. with Moss Court (cul -de -sac) Length: 1698.62' or 0.32 mile and as described in Deed Book 675, Page 607; Deed Book 675, Page 631; Deed Book 675, Page 657; all certified March 30, 1988. Also, Deed Book 662, Page 334 certified October 21, 1987. Camellia Court (50' ROW) Lakewood Manor, Section IV From: Intersection with Route 1180 To: 358.07' or 0.07 mile east (cul -de -sac) Length: 358.07' or 0.07 mile and as described in Deed Book 649, Page 711 and as certified June 4, 1987. (Plats A & B have certification on Plat B). Canaan Court (50 Lakewood Manor, Section VIII MI From: Intersection with Fair Lawn Court. To: 210.28' or 0.04 mile east (cul -de -sac) Length: 210.28' or 0.04 mile and as described in Deed Book 675, Page 657 and certified on March 30, 1988. hackberry Drive (50 Lakemont Village From: End of State maintenance (Route 1070) To: 776.42' or 0.15 mile east Length: 776.42 or 0.15 mile and as described in Deed Book 662, page 362 and certified October 21, 1987. Jasmine Court (50 Lakewood Manor, Sections V & VII From: Intersection with Route 1180 To: 272.94' or 0.05 mile east (cul -de -sac) Length: 272.94' or 0.05 mile and as described in Deed Book 662, Page 334 certified October 21, 1987 and Deed Book 675, Page 631 certified March 30, 1988. Lakeridge Court (50 The Village at Lakeside, Section Village at Lakeside, Section VII VII From: Intersection with Lakeridge Drive To: 283.69' or 0.05 mile southwest (cul -de -sac) Length: 283.69' or 0.05 mile and as described in Deed Book 671, Page 390 and certified on February 8, 1988. Lakeridge Drive (50' ROW) The Village at Lakeside, Section VII From: 310.78' or 0.06 mile south of intersection with Somerset Drive To: 902.28' or 0.17 mile northwest (cul -de -sac) Length: 902.28' or 0.17 mile and as described in Deed Book 671, Page 390 and certified on February 8, 1988. Moss Court (50 Lakewood Manor, Sections V & VI From: Intersection with Route 1180 To: Intersection with Fair Lawn Court Length: 489.53' or 0.09 mile and as described in Deed Book 675, Page 607 certified March 30, 1988 and Deed Book 662, Page 334 certified October 21, 1987. Pocono Place (50 Lakemont Village From: Intersection with Hackberry Drive To: 607.78' or 0.12 mile southwest (cul -de -sac) Length: 607.78' or 0.12 mile and as described in Deed Book 662, Page 362 and certified on October 21, 1987. Somerset Drive (50 The Village at Lakeside, Sections V & VII From: End of state maintenance (Route 1182) To: Intersection with Lakeridge Drive Length: 936.40' or 0.18 mile and as described in Deed Book 671, Page 392 certified February 8, 1988 and Deed Book 652, Page 522 and certified December 5, 1991. The total length of the proposed addition will be 6 or 1.24 mile. BE IT FURTH= RESOLVED, that the Board of Supervisors does guarantee to the Commonwealth of Virginia an unrestricted right of way of 50' as described in the above referenced Deed Book and Page numbers, with the necessary easements for cuts, fills and drainage. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye 451 Charles W. Orndoff, Sr. - Aye Mr. Smith noted his annoyance with Mr. Dave Holliday and the fact that Chinkapin Drive has not been finalized. He requested that Mr. Holliday be sent a letter notifying him that until such time as Chinkapin Drive is finalized and approved to be taken into the secondary system of the Virginia Department of Transportation, that no additional site plans will be approved for him by this Board. Upon motion made by W. Harrington Smith, Jr. and seconded by Dudley H. Rinker, that no additional site plans be approved for Mr. Dave Holliday until such time as Chinkapin Drive is finalized and approved to be taken into the secondary system, and further that this is to be completed by July 1, 1992. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. Orndoff, Sr. - Aye DATE FOR NORKSESSION ON THE FACILITY COST IMPACT REPORT SCHEDULED FOR DECEMBER 18 1991 - NO ACTION NECESSARY End of Planning Commission business. PUBLIC WORKS CORKITTEE REPORT Mr. Orndoff, Chairman of the Public Works Committee, presented the following report: The Public Works Committee met on Thursday, December 5, 1991, at 7:30 A.M. Present were Board members Charles W. Orndoff, Sr. and W. Harrington Smith, Jr.; Committee member Chester A. Renner; County Administrator John R. Riley, Jr.; Assistant County Administrator Stephen F. Owen and Director of Engineering and Inspections Harvey E. Strawsnyder, Jr. The following items were discussed: Items Recruirina Action MRF Legislation - Approved The committee reviewed proposed state legislation that would allow local governments to enter into design build 452 contracts to build recycling facilities and recommends endorse- ment of same for Delegate Smith's sponsorship (see Attachment 1) . Upon motion made by Charles W. Orndoff, Sr. and seconded by W. Harrington Smith, Jr., to approve the above recommendation. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. Orndoff, Sr. - Aye Landfill Rates - Approved The committee recommends that the commercial rate at the Landfill be changed from $20 per ton to $25. Board authoriza- tion to set a public hearing is requested. Upon motion made by Charles W. Orndoff, Sr. and seconded by W. Harrington Smith, Jr., to approve the above request. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. Orndoff, Sr. - Aye • �i � } • - n • • - n - fir. • • • - The committee recommends that $50,000 be appropriated for storm drainage projects, using funds to be reimbursed by the state on Kraft's new road. Upon motion made by Charles W. Orndoff, Sr., and seconded by W. Harrington Smith, Jr., to approve the above recommenda- tion. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. Orndoff, Sr. - Aye Waste Stream Analysis - Received As Information - No Action Necessary 45.3 The committee recommends approval for staff to prepare an RFP to hire a consultant to provide a waste stream analysis and solid waste recycling recommendations. The committee recommends approval of a supplemental appro- priation from Operations Contingency in the amount of $20,000 to purchase a new fire alarm system for the administrative complex (see Attachment 2) It was the consensus of the Board to table this item as they felt additional information was needed. The county attorney's office and zoning administrator are trying to renew and collect on the expired road bonds for Apple Ridge subdivision. In the meantime, an estimate in the amount of $ (available at meeting) has been received to finish the roads so that VDOT will take them into the state system. A supplemental appropriation from Contingency is required by staff to get the work done as soon as possible. This item was not discussed by the Board, therefore no action was taken. 11 . �-. _ 1 • i. • 1 This committee agreed to charge the same nominal fee as Shenandoah County for landfill mulch from the new tub grinder. Upon motion made by Dudley H. Rinker and seconded by W. Harrington Smith, Jr., the following Personnel Committee Report was approved under the Consent Agenda by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. Orndoff, Sr. - Aye The Personnel Committee met on December 4, 1991 with the following members present: Robert Rhodes, Roger Crosen, Ralph Lewis, John Riley, Stephen Owen and Ann Kelican. James 454 ILongerbeam was absent. The committee submits the following (report and recommendations to the Board of Supervisors for Iconsideration: The county's insurance carrier has recommended adoption of the following safety policy and reporting procedures for addi- tion to the County Personnel Policies. The committee recommends approval of this addition. Request for Range Reclassification - Approved Under the Consent Agenda The Superintendent of the Clarke- Frederick - Winchester Regional Jail is requesting reclassification of the LPN position from a Range 12 to a Range 14. The committee recommends reclass- ification of the RN position to a Range 18 - $20,565 - $28,934 and reclassification of the LPN position to Range 13 - $16,104 - $22,678. Due to a very large increase in the number of county employees who have signed up for the awards banquet, we will have a shortfall of approximately $600. We are therefore requesting a supplemental appropriation for said amount to cover expenses for the banquet. The committee recommends approval of this request. Department Head Evaluations - To Be Discussed In Executive Session The following department head evaluations are attached under separate cover for consideration by the Board of Super- visors: A - Jim Doran, Parks and Recreation Director B - Joe Walker, Division of Court Services Director C - Ann Kelican, Personnel Director Request from Treasurer for Salary Adjustment - To Be Discussed in Executive Session Attached under separate cover. FINANCE COMMITTEE REPORT Mr. Rhodes, Chairman of the Finance Committee, presented the following report: 455 The Finance Committee met on Wednesday, December 4, 1991 in the Old Courthouse Conference Room. All Committee members were present except C. William Orndoff, Jr. The Treasurer requests a supplemental appropriation in the amount of $5,000 for the printing of the tax guide. Upon motion made by Robert M. Rhodes and seconded by Dudley H. Rinker, to approve the above request. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. Orndoff, Sr. - Aye The School Director of Finance requests a school supplement- al appropriation transfer in the amount of $1,300.00 for the lease /rent of a Xerox copier at Stonewall Elementary School. See attached memo. The committee recommends approval. Upon motion made by Robert M. Rhodes and seconded by Dudley H. Rinker, to approve the above request. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. Orndoff, Sr. - Aye Request from the Director of Court Services for a Court Services Appropriation Transfer to Transfer Two Positions - Approved The Director of Court Services requests a Court Services appropriation transfer to transfer two positions. One position will be transferred to Old Dominion A.S.A.P. and the other to Blue Ridge Diversionary Program. This request is necessitated due to the loss of the Work Release Program. See attached memo. The committee recommends approval. 456 Upon motion made by Robert M. Rhodes and seconded by Dudley H. Rinker, to approve the above request. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. Orndoff, Sr. - Aye Services transfer of funds from Fund 13 to Fund 86 in the amount of $95,488.00 and to include an appropriation of funds in the same amount. This amount is needed to cover the bids submitted for the construction and renovation of the former Frederick County Jail and also to cover any contingencies. A Court Services supplemental appropriation in the amount of $3,000.00 is also requested for moving expense when the new facility is completed. See attached memo. The committee recommends approv- al. Upon motion made by Robert M. Rhodes and seconded by Dudley H. Rinker to approve the above request and that administration is to stay where they currently are and detox will be moved to (Braddock House. The above motion was approved by the following recorded Ivote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. Orndoff, Sr. - Aye The Director of Parks and Recreation requests a General Fund supplemental appropriation in the amount of $12,800.00 for the purchase of computer software and hardware to upgrade existing office equipment. The completion of these upgrades will allow for the elimination of the computer operator The Director of Court Services requests an additional Court 457 position. See attached memo. The Finance Committee approves the supplemental appropriation for $12,800.00 for the purchase of computer equipment. The Finance Committee recommends that when the computer operator position is vacant, that the remain- ing money in that line item be returned to the General Fund. Upon motion made by Robert M. Rhodes and seconded by Dudley H. Rinker, to approve the above recommendations of the Finance Committee. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. Orndoff, Sr. - Aye The Sanitary District Manager requests a Shawneeland supplemental appropriation in the amount of $30,000.00. This amount was approved by the Advisory Committee. See attached memo. The committee recommends approval. Upon motion made by Robert M. Rhodes and seconded by Dudley H. Rinker, to approve the above request. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. Orndoff, Sr. - Aye The School Director of Finance requests a school supplement- al appropriation transfer in the amount of $3,668.00 for the purchase of office equipment at Senseny Road Elementary School. See attached memo. The committee recommends approval. Upon motion made by Robert M. Rhodes and seconded by Dudley H. Rinker, to approve the above request. RM The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. Orndoff, Sr. - Aye supplemental appropriation transfer in the following amounts to various construction and renovation projects: Stonewall Elementary Renovation $ 42,593.00 Gainesboro Furniture & Renovation 103,872.00 Armel Elementary School 291 JWHS Outdoor Athletic Facility 254.00 See attached memo. The committee recommends approval. Upon motion made by Robert M. Rhodes and seconded by W. Harrington Smith, Jr., to approve the above request. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. Orndoff, Sr. - Aye Approved The School Director of Finance requests a school supplemental appropriation in the amount of $36,751.73 to purchase and install a new boiler at Stonewall Elementary School. see attached memo. The committee recommends approval. Upon motion made by Robert M. Rhodes and seconded by Dudley H. Rinker, to approve the above request. The above motion was approved by the following recorded vote Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. Orndoff, Sr. - Aye The School Director of Finance requests a school 458 Mr. Orndoff thanked those retiring Board members for their assistance over the past years as he felt it had been an enjoy- able experience. Mr. Dudley Rinker stated that this had been an interesting four years and that he had met a lot of interesting people. He stated that he felt that the county was fortunate in having the staff that is currently on board and that they are doing a fine job. He thanked his fellow Board members for all their hard work and Mr. Stiles for his leadership. Mr. Roger Crosen stated that he wanted to echo Mr. Rinker's remarks about the county staff and added that he felt the county staff currently on board are some of the greatest people in the world. He stated that they deal with problems day in and day out, that in a regular job, he did not know if you could pay him enough to do it. He guessed as a volunteer, it comes easier. He further stated the one area that had been particularly rewarding to him was his association with the fire and rescue people, as he felt they are some fine individuals in this 11 organization. Mr Crosen further stated that he would also like to thank Perry Silva as this man had given his "all" to this organization. He stated he would hope that when economics are better, that the Board will at that time consider the Victim Witness Program, as he felt this would really be good for the county. He thanked his fellow Board members for all their work and wished the new Board well in their future endeavors. Mr. Robert Rhodes stated that he felt after eight years that he had come away a little wiser, more knowledgeable of what is going on in Frederick County, but will still hold that as an American citizen, we all have our rights, however this should not be dictated to someone else, for they too have their rights. II He further stated he felt we lived in a fantastic community due to past accomplishments of its citizens. Mr. Rhodes further stated that he enjoyed serving with all his fellow Board mem- bers. He referred to Chairman Stiles and his total commitment to Frederick County and its citizens. M Mr. Kenneth Y. Stiles stated that he had enjoyed every minute of these past fourteen years, he did not regret any of it. He stated that they had made mistakes in the past, but had always been willing to address them. He stated that he felt that was important for any public body. He further stated the one thing that stuck in his mind is that when Bill Orndoff and he first talked with Mr. Crosen about running four years ago, and Mr. Crosen told him at that time that there is one thing that he had to understand, that there are a lot of things that he did that he disagreed with, and that had been true. Mr. Crosen stated that is correct, no one had called him Kenny's boy. Mr. Stiles stated that this Board, along with the former Board, had disagreed with each other, but there had never been a night that they had gotten up from a Board meeting that they had not been able to stand around to talk with each other, and recognize that they are not always going to agree on everything. He stated that he considered each of them to be close personal friends. Mr. Stiles further stated that as he looked back over the last eight years that he had been Chairman, and Mr. Rhodes, Vice Chairman, and see what had been accomplished in Frederick County, it is something that he remained very proud of. He stated that when Mr. Rhodes and he came into office, Frederick County was in dire financial straights, and today they are beyond question the most financially stable county in the state of Virginia. He further stated the ability to maintain a strong financial position is the most important, because it is from that, all else flows. He stated he felt that the county staff is first class, first rate professional from top to bottom. He stated with everyone doing their job, it had made his job easy beyond belief, and he had enjoyed it. He further stated that he is very proud of their school system, as he felt they had made significant strides over the past eight years, and certainly the relationship between the Board and the School Board is light years ahead of where it used to be. Mr. Stiles wished the next Board well, and although he was leaving under circumstances not 461 of his choosing, he had no regrets and he is leaving with no bitterness whatsoever. He considered it the greatest honor that he had ever had, the fact that the people of Frederick County chose him to represent them. Mr. Tom Malcolm, Superintendent of Schools, stated that on behalf of himself, Mr. Hott, the School Board and the students of Frederick County, he would like to extend his personal appreciation to the Board for what they had done and for their support. Upon motion made by Robert M. Rhodes and seconded by Roger L. Crosen, to approve the evaluations of Parks and Recreation Director, James Doran; Division of Court Services Director Joseph Walker; and Personnel Director Ann Kelican as submitted. To also approve the salary adjustment request from the Treasurer for Wayne Corbett. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. Orndoff, Sr. - Aye Upon motion made by Dudley H. Rinker and seconded by Roger L. Crosen, to retire into Executive Session in accordance with Virginia Code 1950, as amended, Section 2.1 -344, Subsection A (7), to discuss Legal matters. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. Orndoff, Sr. - Aye ..• ; 1 .► dpi Vi • 462 Upon motion made by Dudley H. Rinker and seconded by Roger L. Crosen, to withdraw from Executive Session. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. Orndoff,.Sr. - Aye Upon motion made by Dudley H. Rinker and seconded by Roger L. Crosen, to reconvene into Regular Session. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye Dudley H. Rinker - Aye Roger L. Crosen - Aye W. Harrington Smith - Aye Charles W. Orndoff, Sr. - Aye 1 • ► .a• 1 4_ .I_ 4:a L_ 0 4 ! ;i . . i s • PAID $4 600 . 00 Upon motion made by Robert M. Rhodes and seconded by W. Harrington Smith, Jr., to pay Tim Sandy, deputy within the Sheriff's Department, the amount of $4600.00. The above motion was approved by the following recorded vote: Kenneth Y. Stiles - Aye Robert M. Rhodes - Aye W. Harrington Smith, Jr. - Aye Charles W. Orndoff, Sr. - Aye Dudley H. Rinker - Nay Roger L. Crosen - Nay THERE BEING No FURTHER BUSINESS, THE BOARD OF SUPERVISORS � r t rman, Boar of upervisors Cle - oard of Supe visors