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September 26, 1990 Regular Meeting65 A Regular Meeting of the Frederick County Board of Super- visors was held on September 26, 1990, at 7:15 P.M., in the Board of Supervisors' 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. CALL TO ORDER The Chairman called the meeting to order and asked that everyone observe a moment of silence in absence of a Minister. ADOPTION OF AGENDA Mr. Orndoff stated that he had an appointment to the Board of Assessors. Upon motion made by Dudley H. Rinker, seconded by Charles W. Orndoff, Sr. and passed unanimously, the Agenda was adopted as amended. CONSENT AGENDA There were no items for the Consent Agenda. APPROVAL OF MINUTES Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr. and passed unanimously, the minutes of the Special Meeting of August 27, 1990 were approved as submitt- ed. APPOINTMENT TO SHENANDOAH AREA AGENCY ON AGING - TABLED BARBARA C. CLAYTON APPOINTED TO SOCIAL SERVICES BOARD Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes and passed unanimously, Barbara C. Clayton was appointed to serve on the Social Services Board to fill the unexpired term of Patricia Hester who moved to the City, said term to expire December 31, 1994. JOHN LIGHT APPOINTED TO THE BOARD OF ASSESSORS TO REPLACE PAUL MYERS Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr. and passed unanimously, John Light was appointed to the Board of Assessors to replace Mr. Paul Myers who resigned due to ill health. 9 ROBERT MOORE, DISTRICT ADMINISTRATOR. WITH THE VIRGINIA DEPARTMENT OF TRANSPORTATION ADDRESSED THE BOARD Mr. Moore, with the Virginia Department of Transportation, appeared before the Board to let them know that he is available to assist the County when necessary and he hoped the department could continue to work with the County as they have in the past. BOARD MEMBER W. HARRINGTON SMITH JR. ADDRESSED THE BOARD RE: PROPOSED CLOSING OF WELCOME CENTERS THROUGHOUT THE STATE DUE TO BUDGET CUTS Mr. Smith read a prepared statement with regard to the proposed closing of Welcome Centers /Rest Stops by the Governor as part of the budget cuts planned for the State. He presented various facts and figures noting that he was very displeased with this action and requested that a resolution be sent to our representatives in the General Assembly as well as the Governor expressing the County's displeasure with this action by the State. The Board concurred. Mr. Stiles stated that he had discussed this with Delegate Smith and he felt that there is some hope for the Welcome Center located in Frederick County of not being closed. UPDATE OF 1990 PERSONAL PROPERTY ASSESSMENTS PRESENTED TO THE BOARD Mr. Mike Didawick, Director of General Reassessment, addressed the Board to bring them up -to -date on the 1990 per- sonal property assessments and to let them know that there is a possibility that the bills may not be mailed in time for the December 5th payment due date. Mr. Stiles thanked Mr. Didawick for keeping the Board abreast of this situation and suggested the hiring of part time help if necessary. Mr. Crosen suggested that the deadline date of December 5th be extended, if necessary, as he felt it was very important that the bills be calculated correctly. CORRESPONDENCE FROM CHAIRMAN OF THE SHAWNEMM SANITARY DISTRICT ADVISORY COMMITTEE FRED W. SHIFFLETT DISCUSSED The Board asked that Mr. Shifflett be notified of the following: 1. The Board of Supervisors cannot change what the State 67 has put on the ballot. 2. The Board is not interested in changing current County policy as it deals with tax revenues. 3. Sanitary District fees cannot be used for anything other than for the Sanitary District. UPDATE ON BRADDOCK HOUSE Mr. Riley, County Administrator, presented the update on the Braddock House and asked the Board for direction concerning this situation. The question of what alternatives were available if the Braddock House ceased to operate was discussed. The Board asked Mr. Riley to obtain certain information from Mrs. Louise Hostetler, Director, on how many individuals, once they leave Braddock House, return to Court as adults. MUTUAL AID AGREEMENT - TOWN OF MIDDLETOWN - APPROVED ONCE IT HAS BEEN REWRITTEN The Board asked that this agreement be rewritten similar to the one with the Town of Stephens City. Mr. Ambrogi, Commonwealth's Attorney, will review this once the document has been prepared. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, to approve the Mutual Aid Agreement for the Town of Middletown once it has been rewritten. AVIGATION EASEMENT - SILVER COMMUNITIES - APPROVED Mr. Smith stated that he felt this had gone on long enough and he did not feel that Silver Communities had any intention of conveying an easement, therefore he felt the Board needed to make a decision and get on with it. Mr. Harry Benham, Attorney representing Silver Communities, appeared before the Board and requested that a decision be made tonight as it had been four months since the request was pre- sented to the Board. Upon motion made by W. Harrington Smith, Jr. and seconded by Charles W. Orndoff, Sr., to strike the avigation easement requirement and approve the plan. ralme Mr. Rinker stated that he felt the issue of avigation was very important and he would like for all parties to meet before the next Board meeting and come up with a decision. Mr. Benham explained this would be spelled out in each Deed and would be a permanent record. Mr. Crosen stated that he would vote in favor of this request but he felt the avigation easement was very much needed and it disturbed him when decisions are driven by the law rather than common sense. The above motion was passed by the following recorded vote: Aye - Kenneth Y. Stiles, Robert M. Rhodes, Roger L. Crosen, W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Nay - Dudley H. Rinker. PUBLIC HEARING REPEAL THE FREDERICK COUNTY CODE CHAPTER 20 WATER AND SEWERS ARTICLES III AND IV' AND TO READOPT ARTICLE III WASTEWATER DISCHARGE THE PURPOSE OF SAID AMENDMENTS ARE TO MEET THE REQUIRXENTS OF THE FEDERAL LAW FOR PRETREATMENT OF WASTEWATER - APPROVED Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the following ordinance amendment was approved: AN AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 20 WATER AND SEWERS; TO REPEAL ARTICLES III AND IV; AND TO READOPT ARTICLE III, WASTEWATER DISCHARGE, TO READ AS FOLLOWS: 3 -1 PURPOSE OF CHAPTER The purpose of this Chapter is to regulate, limit, and restrict discharge to the sanitary sewer system of the Frederick County Sanitation Authority and the sewer's tributary to the sanitary sewer system of the Frederick County Sanitation Authority, and thereby protect such sanitary sewer system and the wastewater treatment facilities of the Frederick - Winchester Service Authority and the health of the citizens of Frederick County. 3 -2 DISCHARGE TO SANITARY SEWER No person shall discharge into the sanitary sewer system of sewer's tributary to the sanitary sewer system of the Frederick County Sanitation Authority or to the trunk lines and treatment plants of the Frederick- Winchester Service Authority, except in accordance with the rules and regulations of the Frederick County Sanitation Authority and Frederick - Winchester Service Authority regulating, limiting and restricting such discharge. 3 -3 PENALTIES •' Any person or user who is found to have violated any order of the Frederick - Winchester Service Authority or who has willfully or negligently failed to comply with any provision of this ordinance or the orders, rules, regulations and permits issued, shall be guilty of a misdemeanor and fined not less than one thousand dollars for each offense. In addition to the penal- ties provided herein, reasonable attorney's fees, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this ordinance or the orders, rules, regulations and permits issued hereunder may be recovered. PLANNING COMNIISSION BUSINESS TRANSPORTATION COMMITTEE RECO1'MIMATIONS RE: ROUTE 642 - TABLED FOR FURTHER STUDY Mr. Riley presented this explaining that a new route was being proposed. Mr. Smith stated that between Route 647 and Chinkapin Drive there are twelve homes and nothing is being proposed to correct this section of Route 647. Mr. Bushman explained that when the revenue sharing papers were filed, the section Mr. Smith is referring to is the section that was scheduled to be done first. Mr. Riley stated that was correct, however, the right -of- way process is taking longer. Mr. Crosen stated if he understood this latest plan, it could be done without taking anyone's property. Mr. Riley replied East to Route 522 is okay, but he was not sure in the Westward direction. Mr. Robert Leonard, resident of Route 636, asked to be shown this route on the map. Mrs. Cheryl Knozik, resident of Route 642, appeared before the Board and asked that corrective measures for improvements to Route 642 be done as soon as possible. She explained to the Board how dangerous this section of Route 642 is and unless some corrective measures are taken soon, it is just a matter of time before there will be a fatality on this road. Mr. Knozik asked if this road could be patrolled more often to help cut down on the speeders. Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, to refer this back to the 70 Planning Commission and Transportation Committee for their further review of this new proposed route. This will come back to the Board in two weeks. Mr. Stiles addressed the area of condemnation of land and why this is necessary by the Virginia Department of Transporta- tion as it was in the improvements to Route 522 North as well as Route 37. Mr. Crosen responded to Chairman Stiles' statement and explained that he knew there were times when condemnation was the only way, but the Sargent farm had been in the family since 1906 and at one time it appeared the County was ready to condemn a portion of this farm in order to reroute 642, and only after heavy opposition to this possible condemnation of land did the County look for an alternative route. REZONING APPLICATION 1006 -90 OF KATHRYN M PERRY - SHAW MAGISTERIAL DISTRICT - APPROVED Mr. Watkins, Director of Planning and Development, present- ed this rezoning request and stated that the only change from the last meeting was the change in proffer. Mr. Chuck Maddox, of G. W. Clifford and Associates, ad- dressed the Board on behalf of this request. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes and passed unanimously, rezoning application number 006 -90 of Kathryn M. Perry, c /o. G. W. Clifford and Associates, Inc., P. O. Box 2104, Winchester, Virginia, to rezone 56.386 acres from RA (Rural Areas) to B2 (Business General); 2.251 acres from RA to M1; and 1.489 acres from M1 to B2 for retail and /or office /commercial uses was approved. This property is located approximately 2.5 miles Southeast of Winchester on Route 50 and is identified as Parcel 116 -0 on Tax Map 65 in the Shawnee Magisterial District. Mr. Crosen noted that he did not feel $10,000 proffer was enough on 56 acres as he felt more was needed as it did benefit the fire companies. He hoped this area would be addressed when the Committee establishing guidelines for proffering meets. Mr. Rinker stated that he felt it was important that this proffer package be made available as soon as possible. 71 PUBLIC HEARING CONDITIONAL USE PERMIT 1014 -90 OF APPLE TREE MARKET - GAINESBORO MAGISTERIAL DISTRICT - NO ACTION NECESSARY It was noted by the Board that this was an ownership change and should not have come to the Board. The Board directed the name be changed to Mr. and Mrs. Black with no time limit provision on the permit and that they be refunded their $75 charge. CONDITIONAL USE PERMIT 1015 -90 OF K. T. DESIGN AND PROTO- TYPE - OPEOUON MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this conditional use permit request. Mr. and Mrs. Kovach appeared before the Board on behalf of their request. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, conditional use permit number 015 -90 of K. T. Design and Prototype, c/o Kenneth D. and Theresa Kovach, 284 Westmoreland Drive, Stephens City, Virginia, for the operation of a drafting /office /workshop to make small tools and prototypes was approved. This property is located off Route 647 at 284 Westmoreland Drive and is identi- fied as Parcel 147 on Tax Map 75E in the Opequon Magisterial District. OTHER PLANNING ITENLS FOREST LAKE SEWAGE TREATMENT PLANT EXPANSION - APPROVED Mr. Watkins presented this request. Mr. Randy Gardner, of Austin Brockenbrough and Associates, was present on behalf of this request. Upon motion made by Dudley H. Rinker, seconded by Charles W. Orndoff, Sr. and passed unanimously, the request for the expansion of the Forest Lake Sewage Treatment Plant was approved with the understanding that the upgrade is in compliance with the Comprehensive Plan and will only serve the 121 acres in question. DISCUSSION OF ANDERSON SITE PLAN 1004 -90 - TABLED Mr. Watkins presented this site plan request and stated that the Planning Commission had referred it directly to the Board without a recommendation. 72 Mr. Stiles noted that he had, this date, visited the site. He explained that the original permit had been for the housing of 30 dogs and this permit would be for 60 to 70 dogs. He suggested that this go back to staff and come back to the Planning Commission at their October 17 meeting and back to the Board on October 24. Upon motion made by Charles W. Orndoff, Sr. and seconded by Dudley H. Rinker, to table the above request for further study. The above motion was passed by the following recorded vote: Aye - Kenneth Y. Stiles, Robert M. Rhodes, Dudley H. Rinker, Roger L. Crosen and Charles W. Orndoff, Sr. Nay - W. Harrington Smith, Jr. Mr. Thomas A. Schultz, Jr., Attorney representing Mrs. Anderson, requested to address the Board. Mr. Stiles stated that he did not feel it was necessary as this matter had been tabled. Mr. Schultz insisted. The remaining Board members indicated that they had no problem with Mr. Schultz addressing the Board. Mr. Schultz explained that he felt the staff had changed their mind and his contention is that the use is the same as it was in 1986 and that this permit change is not necessary. End of Planning Commission public hearings and business. PARKS AND RECREATION COMMISSION REPORT Mr. Rinker, Board liaison on the Parks and Recreation Commission, presented the following report and stated that no action was necessary: The Parks and Recreation Commission met on September 13, 1990. Members present were: Carmen Rio, Robert Roper, Carole Ambrogi, Charles Sandy, Dudley Rinker. The following action was taken: Update on Playground Equipment for Sherando Park - No Action Necessary No action taken. CIP Update - No Action Necessary_ 73 Mr. Roper moved that $1,000,000 be included in the 1991- 1992 CIP for acquisition of 150 acres of park land in Western Frederick County, seconded by Mr. Sandy, carried unanimously (4 -0) . FIRE AND RESCUE ASSOCIATION REPORT Mr. Crosen, Board liaison on the Fire and Rescue Associa- tion, presented the following report and stated that no action was necessary: The Fire and Rescue Committee met on Monday, September 17, 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, Director Thomas W. Owens and Fire Marshal Douglas A. Kiracofe. The following items were discussed, however none require action: Career Firefighters - No Action Necessary Director Owens reported that the selection process was going well. The written test, physical agility examination and background checks have been completed for the eleven candidates in the process. Final interview and physical examinations will be completed within the next two weeks. Offers of employment should be extended by October 1 and personnel should be on board on October 15. Proffer Policy Proposal - No Action Necessary_ On behalf of the Association's Proffer Policy Committee, Director Owens distributed copies of the draft proffer policy to each company for review and comment. The Committee requested that this be an agenda item for the October Association meeting so company comments could be considered. Dry Hydrant Program - No Action Necessary Director Owens questioned the status of the installation of the dry hydrant equipment that was purchased by the County. of the six purchased, all but two have either been installed or are in the process of being installed. The Director will work with Chiefs from companies in non - hydrant areas to determine where 74 the other two dry hydrants need to be placed and to see where additional dry hydrants should be placed in the future. Fire - Rescue Service Agreements - No Action Necessary Director Owens and Supervisor Crosen briefed the Associa- tion on the County's desire to develop a more formal relation- ship with each volunteer company. This is being proposed in the form of a written service agreement. A draft of such an agree- ment is nearing completion and should be distributed to each company and the Board of Supervisors for review and comment within the next couple of weeks. Volunteer Recruitment Program - No Action Necessary Director Owens stated that he wanted to get a formal volunteer recruitment effort underway as soon as possible. The Association appointed a task force to work on this project. We will combine resources with the City and the Regional E.M.S. Council to develop a regional recruitment program. Computer Aided Dispatch - No Action Necessary Latest printouts of streets and companies due to respond were distributed for each company to review for accuracy and completeness. Water Supply Problems in the Greenwood Area - No Action Necessary Water supply problems in the Greenwood area were discussed. Great concern over low water pressure and inadequate main sizes in the municipal system. The Fire Marshal will develop a letter to the water authority to outline the concerns and to determine what plans are being made to correct the problems. Dowell J. Howard - FFII Course - No Action Necessary The Association appropriated funds to reimburse the tuition fees for volunteers who complete the Firefighter 2 Certification program through Dowell J. Howard Vocational Center. Fire Hose Coupler - No Action Necessary The Association appropriated $5,000 from the County Capital Improvement Fund to purchase a fire hose coupling repair machine and supplies. A formal request to encumber these funds will be forwarded to the Finance Director. Reynolds Store Fire Company - No Action Necessary 75 It was noted that a new Fire Chief, Mark McDonald, was selected to head Reynolds Store Volunteer Fire Company effective September 10, 1990. His home phone number is 888 -3634 and work number is 667 -4770. PUBLIC WORKS COMMITTEE REPORT Mr. Orndoff, Chairman of the Public Works Committee, presented the following report: The Public Works Committee met on Thursday, September 20, 1990, at 7:30 A.M. Present were Board members Charles W. Orndoff, Sr. and W. Harrington Smith, Jr.; Committee member Chester A. Renner; Supervisor Dudley H. Rinker; County Admini- strator John R. Riley, Jr. and Assistant County Administrator Stephen F. Owen. The following items were discussed: Items Requiring Action: Former J. C. Penney's Building Utilization Plan - Approved The Committee discussed a staff recommendation to have The Mosely Group prepare an analysis and plan for making temporary use of the former Penney's building for some County offices. The estimated cost of the plan is $6,000 and will include furniture inventory, electrical analysis, office layout plan and estimated project cost. The Committee recommends approval. Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr. and passed unanimously, the above request was approved. Items Not Requiring Action: Town Trash Supervisor Rinker and representatives from Middletown and Stephens City requested that the County assume the disposal costs for town trash. The Committee suggested that the matter go to the Finance Committee for discussion during budget delib- erations. Kurtz Option - Approved to Sell the Option with Proceeds Going to Historic Battlefi Preservation Efforts This item was discussed with Mr. Smith suggesting that if PHW or the City pay for the Kurtz option, that the proceeds go towards Cedar Creek Battlefield preservation efforts. Mr. 76 Orndoff suggested that the City provide the County with another option that the County could buy for one dollar. The Committee had no formal recommendation on this matter. Following extensive discussion, Mr. Dudley H. Rinker made the motion and Mr. Roger L. Crosen seconded, to sell the option for a minimum bid of $20,000 with proceeds going to historic battlefield preservation efforts. The above motion was passed by the following recorded vote: Aye - Kenneth Y. Stiles, Dudley H. Rinker, Roger L. Crosen and Charles W. Orndoff, Sr. Nay - W. Harrington Smith, Jr. Abstaining - Mr. Robert M. Rhodes due to his interest in Star Fort. Animal Shelter Adoption Policy The committee approved revisions to the animal shelter adoption policy to allow for out -of- county adoptions pending proof of neutering by a veterinarian. Miscellaneous Steve Owen provided updates on the following projects: a. Solid Waste Management Plan, b. oil Recycling Project; c. Household Haz Mat Project; d. Composting; and e. Windy Hill Business Park Road Project. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by Dudley H. Rinker, seconded by Charles W. Orndoff, Sr. and passed unanimously, the Board retired into Executive Session in accordance with Virginia Code, 1950, as amended, Section 2.1 -344, Subsection A (1) to discuss Personnel and to also discuss acquisition and disposition of property. BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes 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. 77 Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, that nothing was discussed other than what was noted in the request for an Executive Session. EVALUATION OF COUNTY ADMINISTRATOR, JOHN R. RILEY. JR. - APPROVED UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. V Cle Board f S pervisors