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August 08, 1990 Regular Meeting15 A Regular Meeting of the Frederick County Board of Supervi- sors was held on August 8, 1990, at 7:15 P.M., in the Board of Supervisor's Meeting Room, Frederick County Courthouse, Loudoun Street Mall, Winchester, Virginia. PRESENT Robert M. Rhodes, Vice - Chairman; Dudley H. Rinker; Roger L. Crosen; W. Harrington Smith, Jr.; and Charles W. Orndoff, Sr. Chairman Kenneth Y. Stiles was absent. CALL TO ORDER The Vice - Chairman called the meeting to order. INVOCATION The Vice - Chairman asked for a moment of silence in absence of a Minister. ADOPTION OF AGENDA Mr. Smith requested that under Tab C, Committee Appoint- ments, he would like to add the Handley Library Board. Mr. Riley requested the following amendments to the Agenda: 1. The Ordinance Amendments should be first item under the Public Hearing section; 2. Memorandum from Billy G. Jones regarding the Shaw - neeland Advisory Committee Subcommittee; 3. Memorandum from Frederick County Treasurer regarding use of credit cards /collections; 4. Public Works Committee Report; 5. New handouts regarding Kathryn M. Perry Rezoning and Edwin and Laura Stewart Conditional Use Permit 1009 -90; and 6. Additional information from The Honorable Alson H. Smith, Jr.'s office regarding stormwater management and should be discussed under Tab V. Mr. Rinker requested the Transportation Committee Report be tabled until the next regular meeting. Mr. Crosen requested to add and discuss Mr. Ralph Gregory's letter regarding his Conditional Use Permit for the Appleland Sports Center. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the Agenda was adopted as amended. CONSENT AGENDA Mr. Riley requested that the following items be approved under the "Consent Agenda ": 16 Tab D - Correspondence from Gypsy Moth Coordinator Re: Radio Frequency; Tab E - Correspondence from Government Finance Offi- cers Association Re: Certificate of Achieve- ment for Excellence in Financial Reporting; Tab H - Request from the Winchester and Western Railroad Company Re: Approval of Rail Preservation Application; Tab Q - Subdivision Request - Plymn Owens Estates, Section 2; Tab R - Subdivision Request - Lake Holiday Estates, Section IA; Tab S - Road Resolutions: Mill Race Estates and Asbury Terrace; Tab T - Memorandum Re: Resolution for Winchester Rezoning; and Tab Y a. - Public Works Committee Report. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr. and passed unanimously, the above items were approved under the "Consent Agenda ". APPROVAL OF MINUTES Mr. Orndoff stated that in the minutes of the Regular Meeting of June 13, 1990, on Page 9, Paragraph 9, third sentence, "of 60 fee" should read "of 60 feet ". Upon motion made by Charles W. Orndoff, seconded by Dudley H. Rinker and passed unanimously, the minutes of the Regular Meeting of June 13, 1990 were approved as amended. Upon motion made by Charles W. Orndoff, Sr., seconded by Dudley H. Rinker and passed unanimously, the above minutes of the Special Meeting of June 25, 1990 were approved as submitted. VPSA FUNDING TO BE RESCHEDULED Mr. Riley stated that the VPSA Bond Sale has been rescheduled for August 16, 1990, and a special meeting would need to be scheduled to approve funding before August 31, 1990. It was the consensus of the Board to meet on Monday, August 27, 1990, at 12:00 noon. SHERIFF CHARLES L STURDIVANT'S APPOINTMENT TO THE CLARKS FREDERICK- WINCHESTER REGIONAL JAIL BOARD - REAFFIRPM Mr. Riley stated that it was the Jail Board's recommen- dation to appoint the participating localities' Sheriff to the Regional Jail Board to replace an existing Jail Board member, 17 however, he recommended that the Board reaffirm their previous motion of appointing the Sheriff to the existing Jail Board. The Board concurred and did likewise. APPOINTMSNTS OF ARNOW RYAN AND ROBERT HODGSON TO BOARD OF BUILDING APPEALS - APPOINTED BOARD MEETING OF JULY 11 1990 The Board stated that these appointments were made at the July 11, 1990 meeting. . • • I Crl • • 51' • 51 W' sl' • Mr. Solenberger's appointment to the Frederick - Winchester Service Authority was tabled until the next regular scheduled meeting. The Board noted that Mr. James H. Diehl's appointment was made at the July 11, 1990 meeting. VACANCY ON THE HANDLER REGIONAL LIBRARY BOARD - TO BS ADVERTISED Mr. Smith advised the Board that a position on the Handley Regional Library Board would have to be advertised. The vacancy was created because of Mrs. Putnam's move out -of- state. VACANCY ON THE FREDERICK- WINCHESTER SERVICE AUTHORITY - TO BE FILLED Mr. Smith also noted that Mr. Putnam's vacancy on the Frederick - Winchester Service Authority would have to be filled. CHARLES R SANDY JR. APPOINTED TO PARRS AND RECREATION COMMISSION Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and unanimously passed, Mr. Sandy was appointed to the Parks and Recreation Commission to fill the unexpired term of Thomas A. Grove who resigned, said term to commence August 8, 1990 and expire January 18, 1991. REQUEST FROM GYPSY MOTH COORDINATOR TO RESEARCH AND DEVELOP _A LONG TERM COPH40NICATIONS PLAN - APPROVED UNDER THE CONSENT AGENDA Upon motion made by W. Harrington Smith, Jr., seconded by 11 Charles W. Orndoff, Sr. and passed unanimously, the above was approved under the "Consent Agenda ". CERTIFICATE OF ACHIEVENWIT FOR EXCELLENCE IN FINANCIAL REPORTING FR K THE GOVFRMUM FINANCE OFFICERS ASSOCIATION - NOTED UNDER THE CONSENT AGENDA The Board was notified that the Frederick County Finance Department had received the above referenced award which is the gZal highest form of recognition in governmental accounting and financial reporting. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr. and passed unanimously, the above was noted under the "Consent Agenda ". RE UEST F ROM SHAWNEELAND ADVISORY COMMITTEE S UBCOMMITTEE T_ ASSIST WITH GUIDELINES ON MATTERS AFFECTING S HAWNEELAND APPROVED Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the above subcom- mittee was approved and include the following citizens: Mr. Will Shifflett, Chairman Advisory Committee Mr. Ken Poulter, Member Advisory Committee Mr. Jim Diehl Mr. Gary Kober Mr. Charlie Saunder ORDINANCE TO BE ADOPTED AUTHORIZING THE FREDERICK COUNTY TREASURER TO COLLECT REVENUES BY CREDIT CARD - APPROVED FOR PUBLIC HEARING Mr. Riley presented a request from the Frederick County Treasurer to collect revenues by credit cards. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the Board asked that a public hearing be held at the first meeting in September to adopt a code ordinance authorizing the above. MEMORANDUM RE: GRANT FOR INDOOR PLUMBING - DISCUSSED Mr. Crosen addressed the Board regarding the County's decision not to apply for indoor plumbing grants. He felt at first the program would be a good one to pursue, but because of the bureaucracy being more than expected and that matching funds would be needed from the County, it was decided by the Board that it would not be feasible for the County to pursue this program any further at this time. He also noted that he was very distressed that this decision had to be made because he felt there were some worthy people in Frederick County who would have benefitted from this grant. ALBEMfARLE COUNTY'S RESOLUTIONS REGARDING THE EXPECTED SHORTFALL IN STATE REVENUES FOR FY 1990 -1991 AND THE EXPECTED SHORTFALL IN STATE REVENUES FOR THE 1990 -92 BIENNIUM - ENDORSED 19 Upon motion made by Roger L. Crosen, seconded by Dudley H. Rinker and passed unanimously, the Board endorsed the following resolutions from Albemarle County: RESOLUTION REGARDING THE EXPECTED SHORTFALL IN STATE REVENUES FOR FY 1990 -1991 WHEREAS, the Virginia Association of Counties reported to its members that on June 18 and June 22, respectively, the _- Secretary of Finance of the Commonwealth of Virginia, Paul Timmreck, presented the House Appropriations Committee and the Senate Finance Committee with a report stating that the current fiscal year will end with state revenues being over $100 million short of estimates; and WHEREAS, on June 28 a memorandum was received from Governor Wilder in which it is stated that "in view of the prospect of further declines in projected revenues, state agencies will again be subject to additional budget cuts. Because sixty percent of the state general fund budget consists of aid to localities and individuals, it may not be possible to continue the current policy of exempting most local aid from budget cuts "; and WHEREAS, this Board has held the required public hearings and set the tax rates for 1990; and WHEREAS, these rates cannot now be changed. THEREFORE, any reduction in State aid will result in direct reduction in services to citizens, primarily in the fields of education and social services, and some of these will be dras- tic. - NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that a copy of this resolution be forwarded to the Honorable Lawrence Douglas Wilder, the Honor- able Thomas J. Michie, Jr., the Honorable Mitchell Van Yahres, the Honorable George F. Allen, the Senate Finance Committee, and the House Appropriations Committee before the Governor unveils his solutions to this problem on August 17, 1990. I. Lettie E. Neher, do hereby certify that the foregoing writing is a true, correct copy of a resolution adopted by the Board of Supervisors of Albemarle County, Virginia, at a regular meeting held on July 18, 1990. /s/ Clerk, Board of County Supervisors REGARDING THE EXPECTED SHORTFALL IN STATE REVENUES FOR THE 1990 -92 BIENNIUM WHEREAS, the Virginia Association of Counties has reported to its members that the Secretary of Finance of the Commonwealth of Virginia, Paul Timmreck, has stated that Commonwealth reve- nues may be over $200 million short of estimates for the 1990 -92 Biennium; and WHEREAS, Governor Wilder has stated that it may not be possible to exempt most local aid from budget cuts needed to correct this expected deficiency; and WHEREAS, Albemarle County is currently engaged in a large capital improvements building program for the Albemarle County Public School System due to a twenty -three percent population increase during the last ten years, while being poised on the brink of a projected population explosion expected during the 1990 and WHEREAS, the main source of income for the County is the real property tax; and WHEREAS, this Board has repeatedly asked for authority from the legislature to raise revenues through means other than the real property tax and that authority has never been granted; and WHEREAS, any reduction in State aid without some compensat- ing ability for local governments to raise money will result in a reduction of necessary programs in the areas of education and social services and some may be drastic reductions. THEREFORE, BE IT RESOLVED, that this Board again petitions the General Assembly to grant to localities the authority to obtain revenues through other methods, including the return of a portion of lottery proceeds to localities, a local option income tax, a meals and increased lodging tax; and the continuation of the return of recordation taxes to localities. FURTHER, RESOLVED that the Board of Supervisors of Albemarle County, Virginia, hereby directs that a copy of this resolution be forwarded to the Honorable Thomas J. Michie, Jr., the Honorable Mitchell Van Yahres, the Honorable George F. Allen, the Senate Finance Committee, and the House Appropria- tions Committee. I, Lettie E. Neher, do hereby certify that the foregoing writing is a true, correct copy of a resolution adopted by the Board of Supervisors of Albemarle County, Virginia, at a regular meeting held on July 18, 1990. /s/ Clerk, Board of County Supervisors RESOLUTION - RAIL PRESERVATION APPLICATION. WINCHESTER & WESTERN RAILROAD - APPROVED UNDER THE CONSENT AGENDA Upon motion made by W. Harrington Smith, Sr., seconded by Charles W. Orndoff, Sr. and passed unanimously, the following resolution was approved under the "Consent Agenda ": WHEREAS, the Winchester and Western Railroad desires to file an application with the Virginia Department of Transpor- tation for safety and improvement projects; and WHEREAS, the identified safety projects are estimated to cost $50,250 and the improvement projects are estimated to cost $182,250; and WHEREAS, the 1990 General Assembly, through enactment of an amendment to HB 30, provided one million dollars in funding for the acquisition, lease or improvement of railways within the Rail Industrial Access Program budget; and WHEREAS, the Winchester and Western Railroad is an important element of the Winchester - Frederick County trans- portation system; and WHEREAS, the Winchester and Western Railroad is instru- mental in the economic development of the Winchester - Frederick County area and provides relief to the highway system by transporting freight, and provides an alternate means of transporting commodities; and 21 WHEREAS, Frederick County supports the project and the retention of the rail service; and WHEREAS, the Commonwealth Transportation Board has established procedures for all allocation and distribution of the funds provided by HB 30. NOW, THEREFORE, BE IT RESOLVED, that the Board of Super- visors for the County of Frederick, Virginia, does hereby request the Virginia Department of Transportation to give priority consideration to the projects proposed by the Winchester and Western Railroad totaling $232,500 in Frederick County and the City of Winchester. PASSED, this 8th day of August, 1990. PUBLIC HEARING RESTRICT KEEPING OF INOPERATIVE AUTOMOBILES ON PRIVATE PROPERTY - APPROVED I Mr. Riley presented this request. No one was heard in opposition of this request. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the amendment to Chapter 11, Article I, was approved. PLANNING COMMISSION BUSINESS PUBLIC HEARING AN AMENDMENT TO THE FREDERICK COUNTY CODE. CHAPTER 21. ZONING; ARTICLE IV, RURAL AREAS (RA): SECTION 4 -3. TO ADD DAY CARE FACILITIES AS AN ALLOWED CONDITIONAL USE - APPROVED Mr. Watkins, Director of Planning and Development, presented this ordinance amendment. No one was heard in opposition of this request. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the following ordinance amendment was approved: AN AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING; ARTICLE IV, RURAL AREAS (RA); SECTION 4 -3 TO ADD DAY CARE FACILITIES AS AN ALLOWED CONDITIONAL USE TO READ AS FOLLOWS: 4 -3 -27 Day Care Facilities AN AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING: ARTICLE IX. BUSINESS AND INDUSTRIAL ZONING DIS- TRICTS: SECTION 9 -1 -2 BUSINESS GENERAL DISTRICT (B2). TO ADD DAY CARE FACILITIES AS AN ALLOWED USE - APPROVED Mr. Watkins presented this ordinance amendment. No one was heard in opposition of this request. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the following ordinance amendment was approved: AN AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING; ARTICLE IX, BUSINESS AND INDUSTRIAL DISTRICTS; SECTION 9 -1 -2, BUSINESS GENERAL DISTRICT (B2), TO ADD DAY CARE FACILITIES AS AN ALLOWED USE TO READ AS FOLLOWS: Standard Industrial Classification (SIC) Child Day Care Facilities 8351 AN AMENDMENT TO THE FREDERICK COUNTY CODE CHAPTER 21 ZONING• ARTICLE III SUPPLEMENTARY USE REGULATIONS: SECTION 3 -2 ACCESSORY USES, TO ALLOW DAY CARE FACILITIES IN THE M1 DISTRICT (LIGHT INDUSTRIAL) AS AN ACCESSORY USE TO ANY ALLOWED USE OR GROUP OF ALLOWED USES IN AN INDUS PAR APPROVED Mr. Watkins presented this ordinance amendment. No one was heard in opposition of this request. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the following ordinance amendment was approved: AN AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING; ARTICLE III, SUPPLEMENTARY USE REGULATIONS; SECTION 3 -2, ACCESSORY USES, TO ALLOW DAY CARE FACILITIES IN THE M1 DISTRICT (LIGHT INDUSTRIAL) AS AN ACCESSORY USE TO ANY ALLOWED USE OR GROUP OF ALLOWED USES IN AN INDUSTRIAL PARK TO READ AS FOLLOWS: 3 -2 -4 CHILD DAY CARE SERVICES - Child day care services and facilities shall be allowed in the M1, Light Industrial District, as an accessory use to any allowed use or group of allowed uses in an industrial park. AN AMENDMENT TO THE FREDERICK CO ZONING: ARTICLE IV, RURAL AREAS ] 4 -4 -2. ALLOWED SUBDIVISIONS. TO PARCEL AS SMALL AS ONE ACRE WITH FROM EACH PARCEL OF LAND THAT WA 13, 1974 - APPROVED DNTY CODE, CHAPTER 21. DISTRICT (RA): SECTION RDD THE DIVISION OF ONE 150 FEET OF ROAD FRONTAGE 5 RECORDED BEFORE FEBRUARY Mr. Watkins presented this ordinance amendment. No one was heard in opposition of this request. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the following ordinance amendment was approved: AN AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING; ARTICLE IV, RURAL AREAS DISTRICT (RA); SECTION 4 -4 -2, ALLOWED SUBDIVISIONS, TO ADD THE DIVISION OF ONE PARCEL AS SMALL AS ONE ACRE WITH 150 FEET OF ROAD FRONTAGE FROM EACH PARCEL OF LAND THAT WAS RECORDED BEFORE FEBRUARY 13, 1974 TO READ AS FOLLOWS: 4 -4 -2.3 One Time Lot - A subdivision of one parcel as small as one acre in size with at least one 23 hundred and fifty (150) feet of frontage on a road maintained by the Virginia Department of Transportation. Only one such lot may be divided from each parcel of land as it was recorded before February 13, 1974. AN AMENDMENT TO THE FIMERIECK COUNTY CODE CHAPTER 18 SUBDIVISIONS: ARTICLE I IN GENERAL SECTION 1-2. DEFINI- TIONS TO ADD NEW DEFINITIONS OF "AGRICULTURAL PURPOSES° "SHARED PRIVATE DRIVEWAY" "SUBDIVIDE" AND "MINOR RURAL SUBDIVISIONS' - APPROVED Mr. Watkins presented this ordinance amendment. No one was heard in opposition of this request. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the following ordinance amendment was approved: AN AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 18, SUBDIVISIONS; ARTICLE I, IN GENERAL; SECTION 1 -2, DEFINITIONS, TO ADD NEW DEFINITIONS OF "AGRICULTURAL PURPOSES ", "SHARED PRIVATE DRIVEWAY ", "SUBDIVIDE" AND "MINOR RURAL SUBDIVIDE" TO READ AS FOLLOWS: 1 -2 -39 AGRICULTURAL PURPOSES - Any of the following activities on land which is eligible for land use assessment. Cultivating the soil or raising or harvesting any agricultural, aquacultural, horticultural, floricultural, viticultural commodity on a farm, including the raising, feeding, training, or management of animals and poultry, excluding kennels. Handling drying, packing, grading, or storing on a farm any agricultural or horticultural commodity in its unmanufactured state, but only if the owner, operator or tenant of the farm regularly produces more than half the commodity so treated and, The proposal to develop or the actual development of a forest either through planting or natural regeneration or both, or the actual maintenance of a forest by applying proven forest management practices. Such land shall, at the time of consideration as forestland, be under a timberland plan, or actually carry sufficient forest growth of suitable character and so distributed to give reasonable assurance that a stand of merchantable timber can be developed therefrom. 1 -2 -40 DRIVEWAY, SHARED PRIVATE - A deeded private right -of -way or access easement serving as common access to a dedicated public road. 1 -2 -3.5 SUBDIVIDE - To divide any tract, parcel, or lot of land into two or more parts. 1 -2 -3.6 SUBDIVISION, MINOR RURAL - Any subdivision in RA, Rural Areas Zoning District, as defined by Chapter 21 of the Frederick County Code, including lots of five (5) acres or more in size, one lot per parcel as small as one acre in size or subdivisions for family members as allowed by Title 15.1, Chapter 11, Article 7, 24 Section 15.1- 466(K) of the Code of Virginia, as amended, and by this Chapter. AN AMENDME TO THE FREDERICK COUNTY COD CHAPTE 18. SUB DIVISION S ARTICLE III DESIGN STANDARD BY THE A DDI- TI OF SECT 3-8- DESCRIBING ALLOWED SUB DIVISIONS from the following sections of Article III of IN THE RA (RUR A REAS) ZONING DISTRICT 3 -1 -5 BOND DESCRIBING DES IGN STAN DAM IONS AND DESCRIBING R.EOU1K 15 FOR 111nvR RUnAI, SUBDIVISIONS - APPROVED 3 -5 -6 CUL -DE -SACS 3 -5 -9 NAMES Mr. Watkins presented this ordinance amendment. No one was heard in opposition of this request. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the following ordinance amendment was approved: AN AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 18, SUBDIVISIONS; ARTICLE III, DESIGN STANDARDS, BY THE ADDITION OF SECTION 3 -8, DESCRIBING ALLOWED SUBDIVISIONS IN THE RA (RURAL AREAS) ZONING DISTRICT, DESCRIBING DESIGN STANDARD EXEMPTIONS AND DESCRIBING REQUIREMENTS FOR MINOR RURAL SUBDIVISIONS TO READ AS FOLLOWS: 3 -8 MINOR RURAL SUBDIVISIONS The requirements of this section shall apply to all subdivisions of land zoned RA Rural Areas under Article III of Chapter 21 of the Frederick County Code. 3 -8 -1 DESIGN STANDARD EXEMPTIONS All minor rural subdivisions shall be exempted from the following sections of Article III of Chapter 18 of the Frederick County Code. 3 -1 -5 BOND 3 -3 -5 FIRE PROTECTION 3 -4 -6 WIDTH 3 -1 -8 LOCATION 3 -5 -3 APPROACH ANGLE 3 -5 -5 CONSTRUCTION REQUIREMENTS 3 -5 -6 CUL -DE -SACS 3 -5 -9 NAMES 3 -5 -10 IDENTIFICATION SIGNS 3 -6 MONUMENTS 3 -8 -2 MINOR RURAL SUBDIVISIONS The following types of divisions are considered minor rural subdivisions: 3 -8 -2.1 Tracts for agricultural purposes of twenty (20) acres or more in size. Access from such lots shall be provided to a dedicated public road in the form of direct access to a public road or in the form of a shared private driveway. 3 -8 -2.2 The division of parcels into lots of five (5) acres or more in size. All such lots shall be provided access via shared private driveways or a public road and must be approved for individual subsurface septic drainfield or other individual disposal system by the Health Department. 3 -8 -2.3 The division of parcels as small as one acre in size for members of the immediate family, as defined by Title 15.1, Chapter 11, Article 7, 25 Section 15.1- 466(K) of the Code of Virginia, as amended, provided only one such lot shall be permitted within Frederick County per each individual family member. All such lots must have access via a shared private driveway or public road and must be approved for individual subsurface septic drainfield or other individual disposal system by the Health Department. All plats containing lots for family members allowed under the provisions of this section, divided from parent parcels created after February 13, 1974, shall contain at least one parcel that is five (5) acres or greater in size. 3 -8 -2.4 The division of one parcel as small as one acre in size with at least one hundred and fifty (150) feet of frontage on a road maintained by the Virginia Department of Transportation. Only one such lot may be divided from each parcel of land as it was recorded before February 13, 1974. All such lots must be approved for individual subsurface septic drainfield or other individual disposal systems by the Health Department AN AXMD)U2M TO THE FREDERICK COUNTY CODE CHAPTER 18 SUBDIVISIONS ARTICLE IV PLAT RROUIREKENTS AND PLAT REVIEW PROCEDURES: BY THE ADDITION OF SECTION 4 -4, ADDING PLAT REOUIRE WTS AND RE VIEW PROCEDURES FOR MINOR RURAL SUBDIVI- SIONS - APPROVED Mr. Watkins presented this ordinance amendment. No one was heard in opposition of this request. Upon motion made by W. Harrington Smith, Jr., seconded by Roger L. Crosen and passed unanimously, the following ordinance amendment was approved: AN AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 18, SUBDIVISIONS; ARTICLE IV, PLAT REQUIREMENTS AND PLAT REVIEW PROCEDURES; BY THE ADDITION OF SECTION 4 -4, ADDING PLAT REQUIREMENTS AND REVIEW PROCEDURES FOR MINOR RURAL SUBDIVISIONS TO READ AS FOLLOWS: 4 -4 PLAT REQUIREMENTS AND APPROVAL PROCEDURES FOR MINOR RURAL SUBDIVISIONS AND BOUNDARY LINE ADJUSTMENTS 4 -4 -1 PLAT REQUIREMENTS A plat for a minor rural subdivision shall be submitted to the Subdivision Administrator for review. The plat must be prepared by a certified professional engineer or land surveyor and contain the following information. 4 -4 -1.1 Cover Sheet to contain the following: 4 -4 -1.1.1 Title either "Final Plat for Minor Rural Subdivision of the land of " or, "Boundary Line Adjustment Between the Land of and ". 4 -4 -1.1.2 Tax Map Number, Magisterial District, County and State where the parcel is located. 4 -4 -1.1.3 The name and signature of the owner(s) of record 26 with the deed book and page number of the last instrument in the chain of title and a statement that the division is with the owner's consent. 4 -4 -1.1.4 Vicinity Map showing the location of the parcel to be subdivided at a scale of not more than 1 inch to 2000 feet. 4 -4 -1.1.5 Zoning Requirements; A notation of the zoning on the property to be divided. 4 -4 -1.1.6 Signature block for a representative of the Frederick County Health Department and the Subdivision Administrator. 4 -4 -1.1.7 In the case of a lot being created under the provision for a family division, (section 3 -8 -2.3 of this ordinance), a statement listing to whom the lot is to be conveyed and their relationship to the record owner. 4 -4 -1.1.8 Page number and the number of total pages making up the plat, (ie. sheet 1 of 3). 4 -4 -1.2 survey Requirements; the actual plat of the subdivision shall contain at least the following information: 4 -4 -1.2.1 North point and numeric and graphic scale. 4 -4 -1.2.2 Date the plat was prepared along with the signature and seal of the licensed surveyor or engineer preparing the plat. 4 -4 -1.2.3 Dashed line showing the location of the front, rear and side setback requirements for principle structures. 4 -4 -1.2.4 Boundary survey and acreage of all lots created or altered by the division or adjustment. Unchanged lot lines of residual parcels of over twenty (20) acres in size are not required to be shown, provided the general location of the perimeter boundary of the tract be shown on an insert map and the acreage of the unsurveyed lot(s) be given. 4 -4 -1.2.5 In the case of boundary line adjustments, the amount of acreage to be added to or deleted from any parcel with the tabulation of the resulting acreage for all lots. 4 -4 -1.2.6 Zoning, use (vacant, agricultural, residential, commercial, industrial) and name of owners of all adjoining parcels. 4 -4 -1.2.7 Location of all existing streets with their names and numbers, and any existing or proposed right -of -way adjacent to or providing access to any of the subject lots. 4 -4 -1.2.8 Location and names of any water courses or ponds and designated flood plain areas. 4 -4 -1.2.9 Location of existing buildings and drainfields, along with any designated environmental or historical feature or site. 4 -4 -2 APPROVAL PROCEDURES 4 -4 -2.1 Three copies of final plats for approval as 27 Minor Rural Subdivisions must be submitted to the Subdivision Administrator. In the case of divisions created under the provision of section 3- 8 -2.3, family division, an affidavit with notarized signature of the grantor must also be submitted. The affidavit shall state to whom the lot will be conveyed, the relationship of the grantor to the grantee and the grantors understanding of section 3 -8 -2.3 of this ordinance. — 4 -4 -2.2 Prior submission to the Subdivision Administrator, plats shall be signed by a representative of the Health Department to certify that lots within the minor rural subdivision have been approved for sewage disposal. 4 -4 -2.3 Plats which are reviewed and are determined to meet the requirements of this Chapter shall be approved by the Subdivision Administrator as evidenced by his signature on the plat, within thirty days of the date submitted. No plat shall be recorded or lot sold in a minor rural subdivision until the requirements of this Chapter have been met. 4 -4 -2.4 One copy of the approved plat shall be retained by the Subdivision Administrator for filing. 4 -4 -2.5 The approved plat shall become void if not recorded within thirty (30) days of the date of approval. A copy of the recorded plat with designation of recordation by the Clerk of the Court shall be returned to the Subdivision Administrator. REZONING APPLICATION 1005 -90 OF DR. RAYMOND L. FISH_ KINGDOM ANIMAL HOSPITAL - STONEWALL MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this rezoning application request. Mr. Rinker advised Mr. Watkins that the amendment to the Frederick County Zoning Ordinance stated the "Intersection of I81 and 642" on both pages should read "Intersection of I81 and 672 ". Mr. Watkins agreed and stated he would correct the error. Dr. Raymond L. Fish appeared before the Board to answer any questions. The Board had none. No one was heard in opposition of this request. Upon motion made by Charles W. Orndoff, Sr., seconded by Dudley H. Rinker and passed unanimously, rezoning application #005 -90 of Dr. Raymond L. Fish, Kingdom Animal Hospital, P. O. Box 147, Clearbrook, Virginia, to rezone five acres from B2 (Business General) to B3 (Industrial Transition) was approved. This property is located at the Southeast corner of the 28 intersection of I -81 and Route 672 and is identified as Parcel 164C on Tax Map 33 in the Stonewall Magisterial District. REZONING APPLICATION 1006 -90 OF KATHRYN M PERRY - SHAWNEE MAGISTERIAL DISTRICT - TABLED Mr. Watkins presented this rezoning application request. Upon motion made by W. Harrington Smith, Jr., seconded by Roger L. Crosen and unanimously passed, the Board tabled this item for approval until the first meeting in September. Upon motion made by W. Harrington Smith, Jr., seconded by Roger L. Crosen and unanimously passed, a public hearing for this rezoning application was also set for the first meeting in September. This motion was made because of several proffers which needed clarification and the short length of time the Board had to review the rezoning application. REZONING OF THE JAMESWAY PROPERTY - OPEOUON MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this rezoning request. No one was heard in opposition of this request. Mr. Rinker asked if Jamesway was aware of this request. Mr. Watkins replied yes. Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, rezoning request of Jamesway Property (20.537 acres) to B2 (Business General) was approved. This property is located on the South side of Route 277, West of and adjacent to Route 641 and is identified as Parcels 18 on Tax Map 86 in the Opequon Magisterial District. CONDITIONAL USE PERMIT 1008 -90 OF CACAPON VALLEY CHILD CARE CENTERS INC - BACK CREEK MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this conditional use permit request. Mr. Ed L. Bishop, President of the Cacapon Valley Child Care Center Directors, appeared before the Board to answer any questions. The Board had none. No one was heard in opposition of this request. Mr. Crosen commented that Mr. Bishop and his staff and the Frederick County staff were doing an excellent job putting this 29 project together and commended everyone involved on a job well done. Upon motion made by Roger L. Crosen, seconded by W. Harrington Smith, Jr. and passed unanimously, conditional use permit #008 -90 of Cacapon Valley Child Care Centers, Inc., P. 0. Box 27, Gore, Virginia, for a community center /day care facility was approved. This property is located on Route 751 at Gore and is identified as Parcel 52 -A on Tax Map 28 in the Back Creek Magisterial District. CONDITIONAL USE PERMIT 1009 -90 OF EDWIN AND LAURA STEWART - SHAWNEE MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this conditional use permit request. Mr. Edwin Stewart appeared before the Board to answer any questions. The Board had none. No one was heard in opposition of this request. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, conditional use permit #009 -90 of Edwin and Laura Stewart, Route 6, Box 147, Winchester, Virginia, to manufacture and sell wood crafts was approved. This property is located at the Southeast corner of the junction of Route 50 East and Route 723, approximately three miles from Winchester and is identified as Parcels 146, 146A and 146B on Tax Map 65 in the Shawnee Magisterial District. End of Planning Commission Public Hearings. BOY SCOUT TROOP 45 RECOGNIZED BY THE BOARD Mr. Riley introduced the above troop and stated they were in attendance to earn their Citizenship Merit Badge and asked the Board for their recognition of same. OTHER PLANNING ITEMS CONDITIONAL USE PERMIT REQUEST FROM MR. RALPH S. GREGORY FOR APPI• nAND SPORTS CENTER - APPROVED Mr. Riley read to the Board a letter received from Mr. Ralph Gregory regarding some clarifications of his Conditional Use Permit for the Appleland Sports Center approved at a previ- ous meeting. It was asked that his letter be made as part of the record. The letter reads as follows: 30 July 18, 1990 Mr. Roger Crosen HC 36, Box 174 Winchester, VA 22601 Dear Roger: It has come to my attention by way of the Frederick County Planning Dept. that I may need a clarification of the conditional use permit for APPLELAND SPORTS CENTER. In the application, I apparently did not spell out in complete enough detail, the fact that we plan to sell sports related products such as golf clubs, golf balls, shirts & slacks, etc., and baseball and softball related equipment. All pro shops at driving ranges have retail sales as a natural course of doing business and I didn't realize the need to be so specific. A signed statement of approval from the members of the Board of Supervisors will correct this omission, I am told by Evan Wyatt of the Planning Commission. If you are in agreement with this clarification of the C.U.P., please approve the enclosed form and return it in the enclosed self - addressed envelope. Thank you for your approval of our C.U.P. application on July 11, 1990. Should you have any questions about this clarification, please call me at 869 -3500 or 667 -4216. Sincerely yours, APPLELAND SPORTS CENTER /s/ Ralph Ralph S. Gregory RSG:cg Upon motion made by Roger Rinker and passed unanimously, approved. REVISED MASTER DEVELOPMEN APPROVED Mr. Watkins presented thi The Board stated that the L. Crosen, seconded by Dudley H. Mr. Gregory's request was P PLAN - HIINTINGTON MEADOWS - s master development plan request. coordination between the County and City Planning Directors regarding this master development plan had been good. The Board also commended the developer in taking to heart their comments at the public hearings regarding the road and having it redesigned. Upon motion made by Charles W. Orndoff, Sr., seconded by Dudley H. Rinker and passed unanimously, the master development plan of Huntington Meadows was approved. 31 SUBDIVISION APPLICATION - PLYMN OWEN ESTATES SECTION 2 A PORTION OF COMMERCIAL LOT D - APPROVED UNDER THE CONSENT AGENDA Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr. and passed unanimously. the subdivision request of Plymn Owen Estates was approved. SUBDIVISION REQUEST - LAKE HOLLIDAY ESTATES. SECTION ILA AND SECTION 4B - APPROVED UNDER THE CONSENT AGENDA Upon motion made by W. Harrington Smith, Jr., seconded by C. William Orndoff, Sr. and passed unanimously, the subdivision request of Lake Holliday Estates was approved. ROAD RESOLUTION - ASBURY TERRACE - APPROVED UNDER THE CONSENT AGENDA Upon motion made by W. Harrington Smith, Jr., seconded by C. William Orndoff, Sr. and passed unanimously, the following resolution was approved: BE IT RESOLVED, that the Virginia Department of Transportation 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: Asbury Road (50 Section III, Asbury Terrace From: Intersection with Route 659 To: 832.12' or 0.16 mile North (Dead End) Length: 832.12' or 0.16 mile and as described on plats recorded in Deed Book 692, Page 392 dated September 13, 1988. Asbury Court (50 Section III - Asbury Terrace From: Intersection with Asbury Road To: 621.61' or 0.12 mile North (cul -de -sac) Length: 621.61' or 0.12 mile and as described in Deed Book 692, Page 392, dated September 13, 1988. The total length of the proposed addition is 1,453.73' or 0.28 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. ROAD RESOLUTION - MILL RACE ESTATES - APPROVED UNDER THE CONSENT AGENDA Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr. and passed unanimously, the following road resolution was approved: BE IT RESOLVED, that the Virginia Department of Transportation 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: Mill Race Drive (50 Section I, Mill Race Estates From: Intersection with Route 659 To: 797.00' or 0.15 mile North (Dead End) 32 Length: 797.00' or 0.15 mile and as described in Deed Book 677, Page 430, dated April 18, 1988. Mill Stone Circle (50 Section I, Mill Race Estates From: Intersection with Mill Race Drive To: 724.93' or 0.14 mile North (Cul -de -Sac) Length: 724.93' or 0.14 mile and as described in Deed Book 677, Page 430, dated April 18, 1988. The total length of the proposed addition is 1,521.93' or 0.29 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. RESOLUTION RE: RESOLUTION FOR WINCHESTER REZONING - "PROVED UNDER THE CONSENT AGENDA Upon motion made by W. Harrington Smith, Jr., seconded by C. William Orndoff, Sr. and passed unanimously, the following resolution was approved: WHEREAS, the Frederick County and City of Winchester Comprehensive Plans recognize the need to provide for a variety of housing types and income levels; and WHEREAS, there is a need to evaluate the availability of land for a full range of housing types, including low, moderate and high density housing types, throughout the Winchester and Frederick County area; and WHEREAS, reductions in the availability of land for higher density housing in the City of Winchester will increase the demand for such housing in the County; and WHEREAS, the City of Winchester provides the appropriate urban location and services for a large portion of the area's higher density housing; NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Planning Commission and Board of Supervisors recommend to the City of Winchester the following: That the City of Winchester should allow the highest residential densities possible given the ability of roads and services to support such densities and as is compatible with surrounding existing uses; and, That the City of Winchester should review its Comprehensive Plan to insure that the highest reasonable residential densities are provided for; and, That the City of Winchester should only rezone parcels to lower density designations to bring compatibility with existing surrounding uses and in conformance with the Comprehensive Plan; and, That the City of Winchester should carefully and accurately evaluate the availability of land for higher and medium density uses on land currently zoned for low, moderate and high density residential uses; and The City of Winchester should accept reasonable requests for rezoning to higher density residential uses in conformance with the Comprehensive Plan. 33 REQUEST FOR PROPOSALS (RFP) ON FACILITY IMPACTS - APPROVED FOR ADVERTISING Mr. Watkins presented a request to advertise a RFP to initiate a study to determine facility impacts in association with rezoning requests. A draft RFP was prepared for the Board's review and is attached. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the above RFP was approved for advertising. Mr. Watkins presented this request for a stormwater management agreement between Frederick County and the Virginia Department of Transportation. This agreement was discussed at length. There were some concerns regarding the County being responsible for stormwater detention facility problems and that it would be very expensive to do same. Some solutions discussed were to go ahead and sign the agreement with VDOT and then execute an agreement with the 11 Home Owners Association (HOA) and County absolving the County of any maintenance or problems (but then maintenance would fall back on the County if HOA failed); amend the County ordinance to include bonding approach with the developer; or execute an agreement with the developer and follow -up with developer when problems occur. Mr. William Bushman, from the Virginia Department of Trans- portation, appeared before the Board to answer any questions. He was asked why the County was being asked to sign this agreement now and not in the past. Mr. Bushman stated that this has been VDOT's policy for the last 15 years and this was the first time the County had required downstream detention. A motion made by W. Harrington Smith, Jr. to pursue efforts of contacting someone higher in the system in order that this agreement not be executed died for the lack of a second. A motion made by W. Harrington Smith, Jr., to execute the VDOT agreement died for the lack of a second. Upon motion made by Roger L. Crosen and seconded by Dudley H. Rinker, to table this agreement until the next regular meeting for further study. The above motion was passed by the following recorded vote: Aye - Robert M. Rhodes, Dudley H. Rinker, Roger L. Crosen and Charles W. Orndoff, Sr. Nay - W. Harrington Smith, Jr. End of Planning Commission Business. COMMITTEE REPORTS TRANSPORTATION COMMITTEE REPORT - TABLED The Transportation Committee Report was tabled until the next regular meeting under "Adoption of Agenda ". LAW ENFORCEMENT AND COURTS COMMITTEE REPORT The Law Enforcement and Courts Committee met on Thursday, August 2, 1990, 4:00 p.m., in the Courthouse Conference Room. Present were Roger L. Crosen, Chairman of the Committee; W. Harrington Smith, Jr.; Larry P. Coverstone; Charles R. McIlwee; Joseph A. Walker, Director, Division of Court Services; Charles L. Sturdivant, Sheriff; and John R. Riley, Jr., County Adminis- trator. The Committee submits the following: Request for a Transfer of Surplus Funds to Purchase Drug Testing Equipment - Approved Joe Walker presented the attached information on drug testing equipment. With the increase in pretrial diversions coming through the Courts, it will be necessary to purchase more equipment to test violators of drug use while those screened are awaiting trial. The Committee recommends approval. Upon motion made by Roger L. Crosen, seconded by Dudley H. Rinker and passed unanimously, the above request was approved. Transfer of Court Services Work Release Facility to Region- al Jail When New Jail Facility is Opened - Approved The Committee reviewed and discussed with the Director of Court Services the attached recommendations on how Court Servic- es will function after the Regional Jail opens. The Committee recommends that only Work Release transfer and that the rest of Court Services remain as is. 35 Upon motion made by Roger L. Crosen, seconded by Dudley H. Rinker and passed unanimously, the Committee's recommendation was approved. Central Dispatch - No Action Taken The Committee recommends that further investigation be conducted on how many calls are currently being received by Central Dispatch and how many calls are being received by the Sheriff's Department. The County Administrator will also investigate the feasibility of installing a business, non - emergency telephone line into the Sheriff's Department. No action was taken. FINANCE COMMITTEE REPORT The Finance Committee met on August 1, 1990 at 1:30 p.m. in the Conference Room of the County Courthouse. Robert M. Rhodes, Will L. Owings, and Stephen F. Owen were present. The following require Board action: Request from Northwestern Community Services for a General Fund Supplemental ARgropriation in the Amount of $718.89 - Approved -- 11 Northwestern Community Services requests a General Fund Supplemental Appropriation in the amount of $718.89, to provide additional therapy in the Infant Intervention Program (see attached letter). The Committee recommends approval. Upon motion made by Dudley H. Rinker, seconded by Charles W. Orndoff, Sr. and passed unanimously, the above request was approved. Request from Assistant County Administrator for a General Fund Supplemental Appropriation in the Amount of $2,977 - AAAroved The Assistant County Administrator requests a General Fund Supplemental Appropriation of $2,977 for Frederick County's participation as an Associate member in the Virginia Municipal League (see attached letter). The Committee recommends approv- al. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the above request was approved. 36 Request from the Superintendent of Recreation for a General Fund Supplemental Appropriation in the Amount of $150 - Approved The Superintendent of Recreation requests a General Fund Supplemental Appropriation of $150 for a donation to the United Fund of Winchester and Frederick (line item 7104 - 3010 -01 - Contractual Services) - see attached memo. The Committee does not recommend this for approval. Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the above request was approved. Request from Chief Magistrate of the Twenty -Sixth Judicial District for a General Fund Supplemental Appropriation in the Amount of $803.35 - Denied The Chief Magistrate of the Twenty -Sixth Judicial District requests a General Fund Supplemental Appropriation of $803.35. This dollar figure represents a carry forward of funds from FY 89 -90's budget (line item 1224 - 5604 - 000 -057 - County Contribu- tion to General District) - see attached letter. The Committee does not recommend approval. Since the Committee did not recommend approval, no action was taken. Request from the Emergency Services Department for a General Fund Supplemental Appropriation in the Amount of $3.060.90 - Approved The City of Winchester with regard to the joint operation of the Hazardous Materials Response Team associated with Emer- gency Services is requesting a General Fund Supplemental Appro- priation of $3,060.90. This dollar figure represents a carry forward of funds from FY 89 -90's budget (line item appropriation 10- 3505 - 5605 - 000 -000 - County Share SARA Title III) and is a result of a delay in implementation (see attached memo). The Committee recommends approval. Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the above request was approved. Reauest from the Regional Jail Administrator for a General Fund Supplemental Appropriation in the Amount of $59,786.59 - Approved The Regional Jail Administrator requests a General Fund Supplemental Appropriation in the amount of $59,786.59 to be 37 appropriated to various line items associated with the Regional Jail (see attached memo). The Committee recommends approval. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith and passed unanimously, the above request was approved. of Court Services Supplemental Appropriation of $15,000 for the purchase and installation of computer equipment. Additionally, it is requested that these funds be appropriated from carry forward balance of FY 89 -90 (line item 2109 - 7007 - 000 -000 - ADP Equipment) - see attached memo. The Committee recommends approval. Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the above request was approved. mental Appropriation from FY 1989 -91 carry forward totalling $797,833.75, which represents outstanding purchase orders for all school funds at June 30, 1990. Fund totals are as follows: School Operating Fund - $143,547.17, Gainesboro Furniture and Equipment Capital Project Fund - $177,163.08, Frederick County Middle School Improvements Capital Project Fund $11,250.00, New Elementary School #1 Capital Project Fund - $1,412.70, New Elementary School #3 Capital Project Fund - $170,000.00, James Wood Outdoor Athletic Facility Fund - $294,460.80 (see attached memo). The Committee recommends approval. Frederick County School Superintendent Thomas A. Malcolm appeared before the Board to answer any questions the Board may have. He stated that the money was appropriated last fiscal year but not expended for purposes stated. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the above request was approved. The Division of court Services Director requests a Division The School Finance Director requests a School Fund Supple- ffluft Approved The School Finance Director requests a School Fund Supple- mental Appropriation for New Elementary School #3 in the amount of $325,499 and a reclassification of funds in the General Fund of $117,001. This amount needs to come from fund balance in FY 1991 and will be received from the School in FY 1992. The Committee recommends approval. Mr. Malcolm appeared before the Board to answer any ques- tions regarding this request. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the above request was approved, however it was noted that this did not approve the sale of same. Request from the School Finance Director for a School Fund Supplemental Appropriation in the Amount of $641,700 - Approved Accompanying the above request is a School Fund Supple- mental Appropriation for New High School 11 in the amount of $641,700 (see attached memo). The Committee recommends approv- al. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith and passed unanimously, the above request was approved, however, it was also noted again that this did not approve the sale of same. Request from the Extension Agent for a General Fund Supple- mental Appropriation in the Amount of $1,300 - Approved The Extension Agent requests a General Fund Supplemental Appropriation of $1,300.00 to be used for audio visual equipment (line item 8301 - 7002 - 000 -000). This dollar figure represents a carry forward from FY 89 -90 budget (line item 8301 - 5413 - 000 -000 - Other Operating $600, 8301 - 5506- 000 -000 - Travel $700) - see attached letter. The Committee recommends approval. Upon motion made by Dudley H. Rinker, seconded by Charles W. Orndoff, Sr. and passed unanimously, the above request was approved. Request from the Director of Information Services for a General Fund Appropriation Transfer in the Amount of $11,430 - Approved 39 The Director of Information Services requests a General Fund Appropriation Transfer of $11,430.00 from the position of Data Entry Operator to computer software - $5,197.00 and train- ing - $6,233.00 (see attached memo). The Committee recommends approval. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the above request was approved. Reauest from the Division of Court Services Director for a Division of Court Services Supplemental Appropriation in the Amount of $15.000 - Approved The Division of Court Services Director requests a Division of Court Services Supplemental Appropriation of $15,000 to be carried forward from the Electronic Monitoring grant received in FY 89 -90 budget (revenue line item 13- 2404 -0014) - see attached memo. The Committee recommends approval. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the above request was approved. Request from the Citizens for a Center for a Donation in the Amount of $500 - Denied The Citizens for a Center requests a $500 donation as the County's share to fund a consultant for one day regarding a Civic center (see attached letter). The Committee does not recommend approval. Since the Committee did not recommend approval, no action was taken by the Board. Request from the Assistant County Administrator for a General Fund Supplemental Appropriation in the Amount of $19,556 - Approved The Assistant County Administrator requests a General Fund Supplemental Appropriation of $19,556 for additional salary and fringes associated with the position of Director of Fire and Rescue. The Committee recommends approval. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the above request was approved. Items For Information Only: M,5 1. The Braddock House requests a General Fund Supplemental Appropriation in the amount of $36,090.89 as Frederick County's share of operating deficit incurred in FY 89 -90. The Committee recommends that additional information be gathered before a recommendation is made. 2. See memorandum from Division of Court Services Direc- tor regarding drug testing funds. PUBLIC WORKS COMMITTEE REPORT - APPROVED UNDER THE CONSENT AGENDA The Public Works Committee met on Tuesday, August 7, 1990, 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.; and Assistant County Administrator Stephen F. Owen. The following items were discussed: Items Requiring Action: Composting Resolution - Approved The Committee recommended approval of the attached resolu- tion as requested by Mecklenburg County which asks the State td count landfill composting towards the new recycling mandates. Upon motion made by W. Harrington Smith, Jr., seconded by C. William Orndoff, Sr. and passed unanimously, the following resolution wat approved: WHEREAS, the Board of Supervisors of the County of Freder- ick, Virginia, is attempting to comply with the Commonwealth of Virginia, Department of Waste Management Solid Waste Management Regulations VR672- 20 -10; and WHEREAS, the burning of leaves, grass trimming, tree trim- ming, construction lumber, brush, and tree stumps is principally limited and discouraged under the new regulations "such that open burning shall be infrequent and only for land clearing debris "; and WHEREAS, the only authorized alternative is to bury in the landfill said grass trimmings, leaves, tree trimmings, construc- tion lumber, brush and tree stumps, and other natural organic material; and WHEREAS, this aforesaid material is all biodegradable, represents some 20 percent df the solid waste stream, and if properly composted would decompose, creating no environmentally harmful side effects while contributing to solving the recycling requirements and conserving much needed space in the landfill; and WHEREAS, the new solid waste regulations, while environmen- tally sound, impose a drastic financial burden on the citizenry of the Commonwealth in the form of tax and /or landfill tipping fees to cover the cost of the new regulations: 41 NOW, THEREFORE BE IT RESOLVED, that the Board of Supervi- sors of the County of Frederick does request a change to the said regulations to permit the composting at landfill sites of grass clippings, leaves, tree trimmings, construction lumber, brush and tree stumps, thus promoting the recycling of natural biodegradable grass and tree products with the resultant conser- vation of landfill space. BE IT FURTHER RESOLVED, that a copy of this Resolution be sent to the Governor, Lieutenant Governor, Members of the General Assembly and the Department of Waste Management urging their support for this change to the current regulations. Passed this 8th day of August, 1990. Landfill Transfer - Approved The Committee recommends approval of a $337,000 transfer from the landfill's reserve for contingencies line item (12- 4204 - 5806 -00) to line item 12- 4204 - 7900 -00 to finish the landfill project. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr. and passed unanimously, the above request was approved. Items Not Requiring Action: New VPDES Policy New policies for the Health Department to approve VPDES permits were reviewed as attached. The Board may want a work session on this in the future (see Attachment 2). 2020 Public Works Committee Report A draft public works report prepared by Steve Owen for the 2020 General Government Committee was reviewed with no changes (see Attachment 3). Midway Dumpsters The Committee reviewed correspondence from Bill Bushman of Virginia's Department of Highways noting that the Midway dumpsters on 522 North will have to be relocated. Storm Drainage Maintenance Discussions continued on contracting out for minor storm drainage maintenance within County drainage easements. This project was tabled for now. Vehicle Maintenance Staff was directed to bid out minor vehicle maintenance such as oil changes to see if the County can save money by using the private sector for these services. 42 Recycling Update Steve Owen advised the Committee that three proposals had been received in response to the County's RFP and that an announcement would be forthcoming in the near future. Miscellaneous Projects Updates Other public works project updates were also provided regarding Gore School, the Landfill, Animal Shelter, new State smoking restrictions, and Windy Hill Road. UPON NOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. ha rman, Bo d of Supervisors Cler oard of Supe visors