Loading...
July 10, 1990 Regular Meeting1 A Meeting of the Frederick County Board of Supervisors was held on July 10, 1990, at 11:00 A.M., in the Board of Super- visors' Meeting Room, Frederick County Courthouse, Loudoun Street Mall, Winchester, Virginia. PRESENT: Kenneth Y. Stiles, Chairman; Robert M. Rhodes, Vice- Chairman; Dudley H. Rinker; Roger L. Crosen; W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Mr. Harrington Smith arrived late. CONSENT AGENDA There were no items for the Consent Agenda. ADOPTION OF AGE Mr. Riley, County Administrator, requested the following amendments: 1. Discussion of Central Dispatch System; 2. Code and Ordinance Committee Report; 3. Request from North Mountain Fire Company. Mr. Owen, Assistant County Administrator, requested review of a Finance item relating to Gore School. Mr. Stiles noted that the Board would need to fill the citizen slot on the Personnel Committee due to the recent death of Mr. Clarence Hunter. APPROVAL OF NINUIES Regular Meeting May 9. 1990 - Page 16 - Mr. Rinker re- quested that it be noted that he abstained from voting on the renewal of the South Frederick Agricultural District due to the fact that he is a member. Mr. Harrington Smith arrived at this time. Page 17 - Mr. Rinker noted that the figures as quoted by Mr. Maddox do not add up (these figures were taken from tape, per Mrs. Carol Bayliss); Page 18 - first paragraph should read "Red Bud Stream" and not "Red Bud Road Stream "; Page 22 - first paragraph, Mr. Rinker noted that the name should be "Butch Fravel ". Upon motion made! by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the minutes of the Regular Meeting of May 9, 1990 were approved as amended. Upon motion made by Charles W. Orndoff, Sr., seconded by Dudley H. Rinker and passed unanimously, the minutes of the Regular Meeting of May 23, 1990 were approved as submitted. Upon motion made by Dudley H. Rinker, seconded by Charles W. Orndoff, Sr. and passed unanimously, the minutes of the Special Meeting of June 4, 1990 were approved as submitted. REQUEST FROM THE SHERIFF TO BE INCLUDED IN THE CITY CENTRAL DISPATCH CURRENTLY LOCATED AT 126 NORTH CAMERON STREET - REFERRED TO THE LAW ENFORCEMENT AND COURTS COMUTTEE Sheriff Charles L. Sturdivant appeared before the Board and explained why he was requesting to move his current dispatching operation to the City building at 126 N. Cameron Street. Following Board discussion, it was determined that more information was needed before rendering a decision, therefore this was referred to the Law Enforcement and Courts Committee. ' • 1 •• X11 • .• • • 1 • •' � Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, Arnold Ryan was reappointed to the Board of Building Appeals for a five year term, said term to commence August 12, 1990 and expire on August 12, 1995. ROBERT S. HODGSON REAPPOINTED TO THE BOARD OF BUILDING APPEALS Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes and passed unanimously, Robert S. Hodgson was reappointed to the Board of Building Appeals for a five year term, said term to commence August 12, 1990 and expire on August 12, 1995. SHERIFF CHA RLES L STURDIVANT APPOINTED TO SERVE ON THE REGIONAL JAIL BOARD Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, Sheriff Charles L. Sturdivant was appointed to serve on the Regional Jail Board. APPOINTMENT TO THE FREDERICK- WINCHESTER SERVICE AUTHORITY TABLED UNTIL NEXT MEETING PLANNING COMMISSION BUSINESS ROAD RESOLUTION - BRENTWOOD TERRACE SECTION I AND V - APPROVED 3 Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes and passed unanimously, the following resolu- tion was approved: 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: _ Pebble Brook Lane (50 Section I & V, Brentwood Terrace From: 0.01 mile East of intersection with Route 1250 To: 480.72 feet or 0.09 mile East (cul -de -sac) Length: 480.72 or 0.09 mile and as described in Deed Book #646, Page 413, dated May 4, 1987 and Deed Book 1715, Pages 639, 640 and 641, dated June 8, 1989. Van Buren Plac (50 Section V, Brentwood Terrace From: Intersection with Pebble Brook Lane To: 292.03 feet or 0.06 mile South of intersection with Pebble Brook Lane (cul -de -sac) Length: 292.03' or 0.06 mile and as described in Deed Book 1715, Page 641, dated June 8, 1989. Van Buren Court (50' ROW) Section V, Brentwood Terrace From: Intersection with Pebble Brook Lane To: 162.08' or 0.03 mile North of intersection with Pebble Brook Lane (cul -de -sac) Length: 162.08' or 0.03 mile and as described in Deed Book 1715, Page 639, dated June 8, 1989. AND BE IT FURTHER RESOLVED, that the Board does guarantee the Commonwealth of Virginia an unrestricted right -of -way of 50 feet as described in the above Deed Book and page numbers with necessary easements for cuts, fills and drainage. ROAD RESOLUTION - ALBIN VILLAGE, SECTION II - APPROVED Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes and passed unanimously, the following resolution was approved: 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: Barbados Place (40 Section II, Albin Village From: Intersection with Route 1150 To: 322.62' or 0.06 of a mile Northeast to cul-de-sac Length: 322..62" or 0.06 of a mile and as described in Deed Book 636, Pages 749 and 750, dated January 12, 1987. Cheviot Place (40 Section II, Albin Village From: Intersection with Route 1150 To: 277..77' or 0.05 of a mile Northeast to cul-de-sac Length: 277..77' or 0.05 of a mile and as described in Deed Book 636, Page 751 and 752, dated January 12, 1987. Southdown Circle (40' ROW) Section II, Albin Village From: Intersection with Village Lane To: 540.70' or 0.10 of a mile Southwest to the cul -de -sac Length: 540.70' or 0.10 of a mile and as described in 4 Deed Book 636, Pages 746, 747 and 748, dated January 12, 1987. Village Lane (50' ROW) Section From: Intersection with Rol To: 510.85' or 0.10 of a Length: 510.85' or 0.10 of a Deed Book 636, Pages 12, 1987. II, Albin Village ate 647 mile Southeast to dead end mile and as described in 753 and 754, dated January AND BE IT FURTHER RESOLVED, that the Board does guarantee the Commonwealth of Virginia an unrestricted right -of -way of 40 feet or 50 feet as described in the above listed Deed Book and page numbers with necessary easements for cuts, fills and drainage. COMMITTEE REPORTS FIRE AND RESCUE ASSOCIATION REPORT Mr. Crosen, Board liaison on the Fire and Rescue Associa- tion, presented the following report: The Fire and Rescue Association met on June 18, 1990, at 7:30 P.M., in the Round Hill Volunteer Fire Company facility. All companies were present. Also present were Board member Roger L. Crosen; Assistant County Administrator Stephen F. Owen; Fire Marshal Douglas A. Kiracofe and Thomas W. Owens. Numerous items were discussed, however, none require Board action. The most significant item was the introduction of Thomas W. Owens as the County's newly appointed Director of Fire and Rescue Services effective August 1, 1990. Roger Crosen, Steve Owen and Doug Kiracofe all welcomed Mr. Owens and he made a few comments regarding his commitment to maintaining the volunteer system. Letter of Support for North Mountain Volunteer Fire Depart- ment - Approved Upon motion made by Roger L. Crosen, seconded by W. Harrington Smith, Jr. and passed unanimously, the letter of support for North Mountain Volunteer Fire Department was approved. FINANCE COMMITTEE REPORT Approved The School Finance Director requests a School Fund appro- priation transfer of $15,488.06 for purchase of computer equip- ment for FY 89 -90. This was approved at the June Board meeting, however, funds are now being transferred from Compensation of Librarians instead of modular classrooms. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above request was approved. Request from the School Finance Director for a School Fund Appropriation 'Transfer in the Amount of $119.392 - Approved The School Finance Director requests a School Fund appro- priation transfer of $119,392 for salaries and fringes original- ly budgeted as special education rather than speech and hearing impaired. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above request was approved. Reauest from the Lord Fa Health District Administrator for a General Fund Supplemental Appropriation Not to Exceed $15.000 - Table The Lord Fairfax Health District Administrator requests a General Fund supplemental appropriation not to exceed $15,000 for a (hard topped) parking facility at the Frederick - Winchester Health Department. Total costs of the project not to exceed $30,000 of which the City would fund 50 %. The County rents the building from the City of Winchester per agreement dated November 8, 1965 for $1055 per year for 25 years. Lease to expire November, 1990. See attached letter regarding parking lot, as discussed during joint budget worksessions. The Committee recommends approval. It was the consensus of the Board to table the above request. Approved The Gypsy Moth Coordinator requests a General Fund supple- mental appropriation not to exceed $7,500 for the purchase of radio equipment in FY 91. Additionally, the Coordinator re- quests that the funds to purchase this equipment be carried over from FY 90 from budget line items #10- 8202 - 7003 -000 - Communica- tion Equipment, current balance available $3,000 and #10- 8202 - 3002 -000 - Professional Services, current balance $16,708. See attached memo. The Committee recommends approval. F Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above request was approved. The Superintendent of Parks requests to increase petty cash in the amount of $30.00 associated with paddle boat operations at both parks. This allows each park $40. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above request was approved. R equest from the Superintendent of Parks to Increase Petty Cash from $75.00 to $125.00 - Approved The Superintendent of Parks requests to increase petty cash from $75.00 to $125.00 associated with pool operations at both parks. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above request was approved. Approved The Superintendent of Parks requests a General Fund appro- priation transfer of $32,320.69 in FY 91 for the purpose of reclassifying personnel from contractual to part -time. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above request was approved. Request from Assistant County Administrator for a Supplemental Appropriation from Contingency in the Amount of $15,000 for Gore School - Approved The Assistant County Administrator requests additional funding for Gore School for a supplemental appropriation from Contingency in the amount of $15,000.00. Upon motion made by Robert M. Rhodes and seconded by Roger L. Crosen, to approve the above request. The above motion was passed by the following recorded vote: Aye - Robert M. Rhodes, Dudley H. Rinker, Roger L. Crosen, W. Harrington Smith, Jr. and Charles W. Orndoff, Jr. Nay - Kenneth Y. Stiles. 7, Mr. Riley explained that the Committee felt that the entire section of the County Code dealing with abandoned vehicles should be repealed as there is a double standard as the Code is currently written. This is to be advertised for public hearing. CHAIRMAN STILES READ T• FROM GOVERNOR WILDER RE: SHORTFALLS IN THE STATE BIIDGET Mr. Riley noted that following discussion with The Mosley Group, it would be necessary for the Board to go into Executive Session. JAY MOORE OF THE MOSLEY GROUP ADDRESSED THE BOARD Mr. Moore discussed the report with Board members at which time it was decided which offices would be included in the new County complex and those that would not be: Division of Court Services - No. Sanitation Authority - Yes. Frederick - Winchester Service Authority - No. It should be located at facility on Route 7 East. School Administration - Look at this in approximately five years. Extension and Agricultural Offices - Would be good - All need to be together as a group. Social Services - Question of whether City and County should be together. Combining Health and Social Services was discussed and the Board authorized Mr. Riley and Mr. Owen to look into this. Parks and Recreation - Mr. Rinker stated that he felt there was too much variation between the City and County to combine these offices. Firemen /Administration - Mr. Stiles stated that he did not feel Administration for fire services would take that much space and felt funds needed to go in the area of paid firemen. Mr. Stiles stated that he felt the position of County Attorney should be eliminated. Mr. Crosen did not agree as he felt with the way the County is growing and the legal assistance that is needed on a day to day basis, and due to the heavy Court docket of the Common- wealth's Attorney's Office, they should have a County Attorney. e 0 The Board felt that the Finance Department's figure for twenty years was not realistic and the figure shown for five years would be more in line for twenty years. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the Board retired into Executive Session in accordance with Virginia Code, 1950, as amended, Section 2.1 -344, to discuss acquisition and disposition of public property. Mr. Tom Sullivan of the School Administration was included in the Executive Session. BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the Board reconvened into Regular Session. EMERGENCY BURNING RESOLUTION - TO BE DISCUSSED AT BOARD MEETING OF JULY 11, 1990 The Board of Supervisors continued their Regular Meeting on July 11, 1990, 7 :15 P.M., in the Board of Supervisors' Meeting Room, Frederick County Courthouse, Loudoun Street Mall, Winchester, Virginia. PRESENT Kenneth Y. Stiles; Robert M. Rhodes; 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 Peter Ford, Chaplain, Winchester Medical Center. ADOPTION OF AGENDA Mr. Riley requested the following additions to the Agenda: 1. Request from the Health Department Re: Parking lot; 2. Authorization for Grant Funding for Residential Interior Plumbing. 0 Mr. Owen requested that an additional certificate be approved for a retiring staff member from the Animal Shelter. Mr. Stiles noted that due to today's rainfall, the emergen- cy burning resolution would not be necessary at this time. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the Agenda was adopted as amended. COUNTY TO APPLY FOR GRANT FROM DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR INTERIOR PLUMBING FOR COUNTY CITIZENS Upon motion made by Roger L. Crosen, seconded by W. Harrington Smith, Jr. and passed unanimously, the County will apply for funds from the Department of Housing and Community Development in order to install indoor plumbing for those County citizens who do not have it provided they qualify per State guidelines. PRESENTATION OF CERTIFICATES Certificates for the following were approved and presented: Beth Farrell Beth Anne Smith Tommy Cooke Jason Judd Ryan Stiles Brandi McDonald George W. Borden Mr. Borden was present to accept his certificate. APPOINTMENTS TO THE SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE TO BE DISCUSSED ONCE MR LAWRENCE R. AMBROGI. COMMONWEALTH'S ATTORNEY, ARRIVES JAMES H. DIEHL REAPPOI TO THE FREDERICK- WINCHESTER SERVICE AUTRO Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, James H. Diehl was reappointed to the Frederick - Winchester Service Authority for a three year term, said term to commence September 9, 1990 and expire on August 31, 1993. II PUBLIC HEARING RESTRICT THROUGH TRUCK TRAFFIC ON OLD BUFFLICK ROAD IN ACCORDANCE WITH SECTION 46.1-171-2 OF THE CODE OF VIRGINIA - APPROVED No one appeared with regard to this public hearing. 10 Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the restriction of through truck traffic on Old Bufflick Road in accordance with Section 46.1 -171 -2 of the Code of Virginia, 1950, as amended, was approved. AN AMENDMENT TO THE FREDERICK COUNTY CODE CHAPTER 9 FINANCE AND TAXATION' BY THE ADDITION OF ARTICLE XX HEALS TAX - APPROVED Mrs. Claudia Bean, President of Citizens for a Quality Community, appeared before the Board and stated that if the Board approved this meals tax, then the funds received should be earmarked for one particular area. The Board did not agree with Mrs. Bean's suggestion. Upon motion made by Robert M. Rhodes, seconded by Charles W. Orndoff, Sr. and passed unanimously, the amendment to the Frederick County Code, Chapter 9, Finance and Taxation, by the addition of Article XX, Meals Tax, was approved. (A copy of this is on file in the Office of the County Administrator). AN AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 9. FINANCE AND TAXATION; BY THE ADDITION OF ARTICLE 21 ASSESSMENT OF CRIMINAL AND TRAFFIC ACTIONS FILED• TO ALLOW FOR A FEE ASSESSMENT TO BE TAXED IN EACH CRIMINAL AND TRAFFIC CASE OF COURTHOUSE MAINTENANCE - APPROVED Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes and passed unanimously, the following ordinance amendment was approved: 21 -1 IN GENERAL In accordance with Section 14.1 - 133.2, Code of Virginia (1950), as amended, there is imposed an assessment of two dollars ($2.00) upon each criminal and traffic action filed in the Circuit District Court, General District Court and Juvenile and Domestic Relations Court located within the boundaries of this County. The assessment provided shall be in addition to all other costs prescribed by law. 21 -2 PURPOSE The purpose of the assessment imposed is to provide funding for the construction, renovation or maintenance of the Courthouse or jail and court related facilities and to defray increases in the cost of heating, cooling, electricity and ordinary maintenance of same. 21 -3 EXCEPTIONS This assessment shall not apply to any action in ii which the Commonwealth of Virginia or any political subdivision thereof or the Federal government is a party and in which the costs are assessed against the Commonwealth, political subdivision, or Federal government. 21 -4 COLLECTION The assessment imposed shall be collected by the Clerk of Court in which the action is filed, and remitted to and held by the Treasurer subject to disbursement authorization by the Board of Super- visors of Frederick County, Virginia. DISCUSSION OF APPOINTMENTS AND POLICY OF SAME TO THE SHAWNEELAND SANITARY DISTRICT ADVISORY COMMITTEE Mr. Gary Kober, resident of Shawneeland, appeared before the Board to ask how appointments were handled by the Board to the Shawneeland Sanitary District Advisory Committee. Mr. Rhodes explained that he felt there had been a mis- understanding as there are some people in Shawneeland that feel that just because their name was submitted as being interested in serving on the Committee, they should automatically be selected to serve and that is not the way the selection process worked for County committees. Mr. Ambrogi, Commonwealth's Attorney, stated that there is no State or County code that addresses this policy. Mr. Crosen stated that he felt this should have been studied prior to the elections. Upon motion made by Robert M. Rhodes and seconded by W. Harrington Smith, Jr., to appoint the following to serve on the Shawneeland Sanitary District Advisory Committee for a three year term, said term to expire on June 30, 1993: Karen K. Kober, Ken Poulter and John Tigney. The above motion was passed by the following recorded vote: Aye - Kenneth Y. Stiles, Robert M. Rhodes, W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Nay - Dudley H. Rinker and Roger L. Crosen. PLANNING COMMISSION BUSINESS PUBLIC HEARING REVOCATION OF CONDITIONAL USE PERMIT 1011 -89 OF RICHARD L AND MARGARET D GOODWIN - BACK CREEK MAGISTERIAL DISTRICT - PERMIT TO BE REINSTATED - APPROVED 12 Mr. Watkins, Director of Planning and Development, present- ed this request for reinstatement of conditional use permit number 011 -89. Mr. Goodwin appeared before the Board on behalf of his request. Mr. David Kollar, neighbor, appeared before the Board in favor of this request. Upon motion made by Robert M. Rhodes and seconded by Charles W. Orndoff, Sr., to approve the reinstatement of condi- tional use permit number 011 -89 of Richard L. and Margaret D. Goodwin, Hayfield Station, Virginia, for a public garage with body repair located on Route 50 at Hayfield. This property is identified as Parcel 38 on Tax Map 39 in the Back Creek Magi- sterial District. The above motion was passed by the following recorded vote: Aye - Kenneth Y. Stiles, Robert M. Rhodes, Dudley H. Rinker, W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Nay - Mr. Roger L. Crosen as he felt this should have gone back to the Planning Commission. CONDITIONAL USE PERMIT #006 -90 OF GREGORY LAND TRUST - BACK CREEK MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this conditional use permit request and stated that the Planning Commission recommended approval with conditions. Mr. Ralph Gregory appeared before the Board on behalf of his request. No one appeared in opposition to this request. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, conditional use permit number 006 -90 of Gregory Land Trust, c/o Ralph S. Gregory, Trustee, P. O. Box 520, Stephens City, Virginia, for commercial outdoor recreation facilities (golf, driving range, batting cages, mini -golf, arcade, snack bar) to be located on the West side of Route 11 South, 1 1/4 miles South of Route 37 was approved with conditions as noted by the Planning Commission. This property is identified as Parcel 76 -A on Tax Map 74 and Parcel 27 -0 on Tax Map 75 in the Back Creek Magisterial District. 13 Mr. Watkins presented this conditional use permit request and stated that the Planning Commission recommended approval with conditions. �� Mrs. Nancy Jenkins appeared before the Board on behalf of this request. Mr. Crosen asked if the hours of operation could be changed from 10:00 P.M. until 9:00 P.M. as this is a residential area. Upon motion made by Roger L. Crosen, seconded by Dudley H. Rinker and passed unanimously, conditional use permit number 007 -90 of Roger Lee Jenkins, Route 2, Box 942, Winchester, Virginia, for a public garage to be located on Route 608 was approved with the condition that there be no inoperable vehicles stored and that the garage will close at 9:00 P.M. rather than 10:00 P.M. This property is identified as Parcel 2 -0 on Tax Map 41(6) in the Gainesboro Magisterial District. II REQUEST FROM THE HEALTH DEPARTMENT FOR THE COUNTY TO ASSIST IN COST OF PAVING PARKING LOT - TABLED UNTIL DISCUSSED WITH THE CITY OF WINCHESTER BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the Board retired into Executive Session in accordance with Virginia Code, 1950, as amended, Section 2.1 -344, to discuss acquisition of real estate. BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by Charles W. Orndoff, Sr., seconded by Dudley H. Rinker and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the Board reconvened into Regular Session. Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, that nothing was discussed other than what was noted in the request for an Executive Session. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. 14 Cler , d of supery sors