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December 12, 1990 Regular Meeting125 A Regular Meeting of the Frederick County Board of Super- visors was held on December 12, 1990, at 7:15 P.M., in the Board of Supervisor's Meeting Room, Frederick County Courthouse, Loudoun Street Mall, Winchester, Virginia. PRESENT Kenneth Y. Stiles, Chairman; Robert M. Rhodes, Vice - Chairman; Dudley H. Rinker; Roger L. Crosen; W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Mr. Stiles arrived late. CALL TO ORDER Mr. Rhodes, Vice - Chairman, called the meeting to order in the absence of the Chairman. The invocation was delivered by Reverend Anthony A. Wadsworth of the Round Hill and Mt. Pleasant United Methodist Church. ADOPTION OF AGENDA Mr. Riley, County Administrator, requested the following amendments: 1. Executive Session for discussion of Personnel and Acquisition of Real Estate. 2. Requested that the Draft Fire and Rescue Service Agreement be moved forward on the Agenda as Director Tom Owens had another meeting scheduled for 8:00 P.M. Mr. Orndoff stated that he had a nomination for the Board of Equalization. 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 Mr. Rinker noted that in the minutes of November 14, 1990, Page 13, third paragraph should read, "No action was taken by 11 the Board, however Supervisor Rinker was not in agreement with this recommendation ".; Page 16, first paragraph should read " .... Opequon Parks Impact Fee Account....". Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the minutes of the regular meeting of November 14, 1990 were approved as amended. 126 Upon motion made by Dudley H. Rinker, seconded by Charles W. orndoff, Sr. and passed unanimously, the minutes of the special meeting of November 16, 1990 were approved as submitted. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the minutes of the special meeting of December 6 1990 were approved as submitted. DRAFT OF FIRE AND RESCUE SERVICE AGREE!ffi1T Tom Owens, Director of Fire and Rescue Services, appeared before the Board to present this Agreement and asked the Board if they had any questions or amendments. Mr. Rinker made the following inquiries: He asked if Mr. Owens planned to take care of number 4. Mr. Owens replied, absolutely. Page 7, he would like to see Treasurer added to this. Page 14, number 2 under funding, he is not in agreement with the County being in business of loaning money. This was explained by Mr. Owens and the Board agreed to leave it in. Page 18, number 5, he requested that the land on which these buildings are located be included in the list of assets. Mr. Crosen thanked Mr. Owens for all his efforts in the preparation of this agreement, and further for his efforts on behalf of Fire and Rescue as he had heard nothing but "Good" comments since he came on board. GWEN MANDEL DIRECTOR OF SOCIAL SERVICES, ADDRESSED THE BOARD RE: PLANS BY STATE TO CONSOLIDATE SOCIAL SERVICES OFFICES Mrs. Gwen Mandel, Director of Frederick County Social Services, appeared before the Board to discuss the proposal by the State to consolidate Social Service Offices within the Lord Fairfax Planning District wherein there will only be one direc- tor for six localities. Office Manager positions would also be eliminated. She further explained that this is not mandatory, however there would be no reimbursement from the State. Mrs. Mandel further explained that all six localities are different in the area of management, i.e. personnel policies, pay scale, etc. The fact that the director is very much involved in all 127 cases being handled in the office means clients would very much be affected by this proposal. Following Board discussion, W. Harrington Smith moved and Roger L. Crosen seconded to send a resolution to the Governor, as wells as our State representatives, opposing this proposal as currently being presented by the State. DON LENTZ RECOMMENDED TO SERVE ON THE BOARD OF ZONING APPEALS Charles W. Orndoff, Sr. recommended Don Lentz to the Board of Zoning Appeals. This recommendation will be forwarded to Judge Berry for his consideration. GEORGE CATHER RECOMEODED TO SERVE ON THE BOARD OF EQUAL- IZATION Mr. Orndoff recommended George Cather to the Board of Equalization. This recommendation will also be forwarded to Judge Berry for his consideration. CHARLES R SANDY JR. REAPPOINTED AS MElIBER -AT -LARGE ON THE PARRS AND RECREATION COMMISSION Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes and passed unanimously, Charles R. Sandy, Jr. was reap- pointed to serve as a Member -At -Large on the Parks and Recrea- tion Commission for a four year term, said term to commence January 18, 1991 and expire on January 18, 1995. PUBLIC HEARING DATE SET FOR THE SIX YEAR SECONDARY ROAD INPROVELKENT PLAN The public hearing for the Six Year Secondary Road Improve- ment Plan was scheduled for January 9, 1991. COUNTY OFFICIALS Mr. Stiles asked that the Board review an article on "Growth, Development and Taxes" that appeared in a recent issue of Virginia Business Magazine RESOLUTION RE' REGIONAL HAZARDOUS MATERIALS RESPONSE TEAM - APPROVED Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the following resolu- tion was approved: l28 WHEREAS, the transportation, storage and handling of hazardous materials is a commonplace occurrence in many communi- ties; and WHEREAS, accidents resulting in a spill or leak of hazard- ous materials can prove to be a significant threat to the citizens of Frederick County, Virginia; and WHEREAS, our own Fire and Rescue Department currently lacks a high level of specialized hazardous materials response capa- bility and must rely on technical assistance from other agen- cies; and WHEREAS, on October 12, 1990, Frederick County experienced a hazardous materials leak on Interstate 81 which posed a potential threat to our community and which required special technical assistance to mitigate; and WHEREAS, the Augusta County - Harrisonburg City - Rockingham County, Level III hazardous materials response team was requested and did expeditiously respond to Frederick County and rendered the special technical assistance required to control the incident. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors, on behalf of the Citizens of Frederick County, Virginia, hereby commends and expresses its appreciation to the officers and members of the Harrisonburg - Rockingham - Augusta Regional hazardous materials response team for their support of the Regional Hazardous Materials Response Program. RESOLUTION FROM COUNTY OF CHARIAPrE BOARD OF SUPERVISORS RE- CHECK OFF FUNDS - ENDORSED Following discussion of this request, Board member Dudley Rinker requested that apple tax also be included in the resolu- tion to the Governor and State representatives. The Board unanimously endorsed the resolution opposing Beef Check Off Funds being diverted for other purposes without express consent of the Agricultural Commodity Groups. REQUEST FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ALLOW DOUBLE WIDE TRAILERS ON ROUTE 277 - DENIED Upon motion made by Dudley H. Rinker, seconded by w. Harrington Smith, Jr. and passed unanimously, the request from the Virginia Department of Transportation to allow double wide trailers on Route 277 was denied. The Board was totally opposed to this as it would be very hazardous in an area that is already overloaded with traffic. REQUEST FROM R. THOMAS MALCOLM, SUPERINTENDENT OF SCHOOLS TO SPEND EXCESS FUNDS FROM BONDS - APPROVED Mr. R. Thomas Malcolm, Superintendent of Schools, appeared before the Board on behalf of this request to explain that it appeared $85,000 will be left over once Armel Elementary School is completed and excess funds from bonds in the amount of 129 $150,000 (approximately) designated to renovate Gainesboro Elementary School. He stated that he would like to use these funds for the following: Apple Pie Ridge Elementary - 13 interior partitions and playground equipment - $50,000. Robinson Elementary - renovation work and playground equipment - $65,000. Robert E. Aylor Middle School - roof repair - $55,000. Bass - Hoover Elementary - carpet, pod doors - $45,000. Stonewall Elementary - fans, lights, and walkways - $17,000. Mr. Stiles explained that he would like to see the bulk of this amount go to the renovation of the Middle School as he felt this was more important than playground equipment, however this was not the consensus of all Board members. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, to approve excess funds in the amount of $235,000 being spent for various school projects as noted above. REQUEST FROM CARRIE BUTLER, TEACHER, JAMES WOOD HIGH SCHOOL RIDGE CAMPUS, FOR "SHADOW PROGRANN - APPROVED It was the consensus of the Board to approve Carrie Butler's request for a "Shadow" Program wherein students would spend a day shadowing a local government official. PLANNING CONXISSION BUSINESS PUBLIC HEARING REZONING REQUEST #009 -90 OF WHITEHALL BUSINESS PARK - STONEWALL MAGISTERIAL DISTRICT - APPROVED Mr. Watkins, Director of Planning and Development, present- ed this rezoning request and stated that the staff and Planning Commission recommended approval with proffers. Mr. Henry Buettner appeared before the Board on behalf of his request. No one appeared in opposition. Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Rhodes and passed unanimously, rezoning request number 009 -90 of Whitehall Business Park to rezone 15.03 acres from RA (Rural Areas) to M1 (Light Industrial) and 34.25 Acres from RA (Rural Areas) to B3 (Business Transition) for Whitehall Business 130 and Industrial Park was approved with proffers as stated. This property is located at the Southwest intersection of I -81 and Route 699 in the Stonewall Magisterial District. CONDITIONAL USE PERMIT 1016 -90 OF CHRISTOPHER CHISH AND STEPHANIE SLONAKER - GAINESBORO MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this conditional use permit request and stated that the staff and Planning Commission recommended approval with conditions. Upon motion made by Roger L. Crosen, seconded by W. Harrington Smith, Jr. and passed unanimously, conditional use permit number 016 -90 of Christopher Chisholm and Stephanie Slonaker for a Dog Kennel was approved with conditions as stated. This property is located 3 1/2 miles North of Winchester City Limits on Route 522 in the Gainesboro Magisteri- al District. CONDITIONAL USE PERMIT 1017 -90 OF WHITE OAK TRADING POST - OPEOUON MAGISTERIAL DISTRICT - APPROVBD Mr. Watkins presented this conditional use permit request and stated that the staff and Planning Commission recommended approval with conditions. Mrs. Yancey appeared before the Board on behalf of her request. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, conditional use permit number 017 -90 of White Oak Trading Post for a Country Store and Campground was approved with conditions as stated. This property is located at the Northwest corner of Routes 277 and 636 in the Opequon Magisterial District. End of Planning Commission Public Hearings. SUBDIVISION REQUEST - STAYTON SUBDIVISION - APPROVED Mr. Riley, County Administrator, presented this request and stated that it had been tabled from the last Board meeting and based on what is stated in the Subdivision Ordinance, this should be signed off on by Mr. Wayne Miller, Subdivision Admin- istrator. 131 Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the subdivision request of Stayton Subdivision was approved. Mr. Crosen requested that the staff and Planning Commission look at Section 3 -4 -8 of the Subdivision Ordinance. Mr. Watkins replied that this section is being addressed in the next draft of the ordinance. Ms. Ethel Stayton, owner, was present on behalf of this request. ROAD RESOLUTION - MILL RACE ESTATES - APPROVED 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: Evette Place (50' R /W) Section III, Mill Race Estates From: Intersection with Julee Street To: 500.49' or 0.09 mile northeast (cul -de -sac) Length: 500.49' or 0.09 mile and as described in Deed Book 694, Pages 834 thru 841 and certified on October 6, 1988. Ginger Street (50' R /W) Section III, Mill Race Estates From: Intersection with Mill Race Drive To: Intersection with Julee Street Length: 484.25 or 0.09 mile and as described in Deed Book 694, Pages 834 thru 841 and certified on October 6, 1988. Julee Street (50' R /W) Section II & III, Mill Race Estates From: Intersection with Mill Race Drive To: 897.57' or 0.17 mile west (dead end) Length: 897.57' or 0.17 mile and as described in Deed Book 681, Pages 834 thru 841 and Deed Book 694, Pages 834 thru 841. These were certified on May 27, 1988 and October 6, 1988, respectively. Mill Race Drive (50' R /W) Section II & III, Mill Race Estates From: End of existing State Maintenance Route 1270 To: 1,463.00' or 0.28 mile northwest (dead end) Length: 1,463.00' or 0.28 mile and as described in Deed Book 681, Pages 834 thru 841 and Deed Book 694, Pages 834 thru 841. These were certified on May 27, 1988 and October 6, 1988, respectively. The total length of the proposed addition is 3,345.31' or 0.63 mile. ME140RANDUN RE: ALTERNATE ON -LOT SEWER SYSTEIrLS Mr. Stiles explained that he was confident at this point that the procedures that the Health Department has implemented are sufficient to provide the protection that is needed. He 132 stated that a question remained on some of the older systems that were installed. Mr. Watkins stated that interim policies that Commissioner Buttery had promulgated are appropriate and will meet the County's needs if properly enforced. Mr. Crosen stated that he agreed with what had been said tonight with regard to this matter. He further stated that his intention from the very beginning was to arouse the attention of the State, that the systems needed to be monitored and should not be allowed to be put in if they were not going to be moni- tored and properly inspected. Mr. Crosen further stated that he felt the mission had been accomplished and further that the Health Department now had the right to go onto the property to conduct the necessary inspections. End of Planning Commission Business. COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT Mr. Rinker, Board liaison on the Parks and Recreation Commission, presented the following report: The Parks and Recreation Commission met on November 29, 1990. Members present were: Carmen Rio, Patricia Perry, Robert Roper, Charles Sandy, Carole Ambrogi, Dudley Rinker. The following action was taken: FY 1991 -1992 Department Budget - No Action Taken Mrs. Ambrogi moved to include $4,800 in the budget to providing funding for continuation of the Bluemont Concert Series, seconded by Mr. Roper, carried unanimously (5 -0). Mr. Roper moved to endorse the Department's FY 1991 -1992 operating budget request of $1,271,783, seconded by Mrs. Ambrogi, carried unanimously (5 -0). Request for Youth Co-Sponsorship Agreements - No Action Taken Mrs. Ambrogi moved to accept waiver of 1991 -1992 field use fees amounting to $10,920 for the Frederick County National Little League, the Frederick County American Little League, the Blue Ridge Youth Soccer Association and the Winchester Youth Soccer Club, seconded by Mr. Sandy, carried unanimously (5 -0). 133 Note: Fee waivers for youth co- sponsored organizations have resulted in a reduction in revenue amounting to $4,297.29 for 1989 -1990 and a projected amount of $9,259.95 for 1990 -1991. Revised Policies for Field Reservations - No Action Taken Commission unanimously endorsed revised policies for Priority Groups and Athletic Field Reservations (5 -0). PUBLIC WORKS COMMITTEE REPORT Mr. Orndoff, Chairman of the Public Works Committee, presented the following report: The Public Works Committee met on Tuesday, December 4, 1990, at 7:30 A.M. Present were Board members Charles W. Orndoff, Sr. and W. Harrington Smith, Jr.; Committee members Chester A. Renner and Keith A. Tubandt; County Administrator John R. Riley, Jr. and Assistant County Administrator Stephen F. Owen. The following items were discussed: Items Requiring Action Landfill Permit Application Fee Resolution - No Action Taken The Committee recommends approval of the attached resolu- tion, as requested from Halifax County, which opposes landfill permit processing fees (see Attachment 1). Hammon Building Lease - Approved The Committee recommends approval of the Hammon Building Lease for Planning, Fire and Rescue and Building Inspections. The recommended option is $9.75 per square foot for two years (includes all utilities) with a Consumer Price Index based formula for the third year (see Attachment 2). Upon motion made by Charles W. Orndoff, Sr. and seconded by Dudley H. Rinker, to approve Lease Agreement Number 2. The above motion was passed by the following recorded vote: 11 Aye - Robert M. Rhodes, Dudley H. Rinker, Roger L. Crosen, W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Nay - Kenneth Y. Stiles as he felt it was too expensive. Items Not Requiring Action FY 91 -92 Budget 134 The Public Services budgets for FY 91-92 were reviewed and approved. Landfill and Recycling Reports (See Attachment 3). Gore Day Care Report The following shows attendance growth since the Sydney Gore Day Care Center opened September 4, 1990: Full Part Before and Month Time Time After School Total Sep. 11 11 10 23 Oct. 15 4 7 28 Nov. 18 11 11 40 CODE AND ORDINANCE COMMITTEE REPORT Mr. Smith, Chairman of the Code and Ordinance Committee, presented the following report: The Code and Ordinance Committee met on Monday, December 3, 1990, at 8:30 A.M., in the County Administrator's Office. Present were W. Harrington Smith, Jr., Chairman of the Commit- tee; Committee member Stephen G. Butler; Lawrence R. Ambrogi, Commonwealth's Attorney; John R. Riley, Jr., County Admini- strator and Stephen F. Owen, Assistant County Administrator. Mr. Charles W. Orndoff, Sr. and George W. Johnston, III were absent. The Committee submits the following: The Committee reviewed two proposals for recodifying the County Code. Municipal Code Corporation and General Code Corporation are the only two firms in the County qualified for this work and their proposals were very similar. The Committee recommends using General Code because they are slightly cheaper ($80), they would provide 25 more code volumes and they offer a computer program for the code that the other firm does not have. Their proposal is attached. This is a one year, $12,000 project that can be spread over two fiscal years. A transfer of $6,000 is therefore requested from line item 01- 011- 1101 - 5413 -05 (Newsletter) to the appropri- ate line item and it is also requested that the County Admini- strator be authorized to execute a contract with General Code Corporation. 135 Upon motion made by W. Harrington Smith, Jr., seconded by Roger L. Crosen and passed unanimously, the above recommendation to approve the proposal of General Code Corporation was ap- proved. Mr. Rhodes, Chairman of the Personnel Committee, presented the following report: The Personnel Committee met on December 5, 1990 with the following members present: Robbie Rhodes, Roger Crosen, James Longerbeam, John Riley, Steve Owen and Ann Kelican. Mr. Ralph Lewis was absent. The Committee submits the following recommendations to the Board of Supervisors for consideration: Request from Director of General Reassessment - Approved The Committee reviewed the attached request from the Director of General Reassessment and recommends approval of same. The Committee further recommends that the County work with the State Compensation Board to secure the best possible — 11 funding for this position. Upon motion made by Robert M. Rhodes, seconded by Roger L. Crosen and passed unanimously, the above recommendations were approved. FINANCE COMMITTEE REPORT Mr. Rhodes, Chairman of the Finance Committee, presented the following report: Due to the small number of agenda items, the Finance Committee was polled by telephone on Monday, December 3, 1990. The following agenda items require Board action: Request from the School Finance Director for a School Fund Appropriation Transfer in the Amount of $6,500.00 - Approved The School Finance Director requests a School Fund Appro- priation Transfer of $6,500.00 from line item number 50- 4300- 9 -0 -00- 8101 -14 -00 Furniture and Equipment- Replacement Indian Hollow to 50- 1100- 2 -1 -00- 8201 -14 -00 Furniture and Equip- ment -New Indian Hollow to purchase a copier. No additional 136 local funds are necessary. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. The Director of Fire and Rescue requests a General Fund appropriation in the amount of $10,000.00 to fund the purchase of a new attack pumper for the Gore Volunteer Fire Company line item number 3202 - 5604 -05. See attached memo. No additional funds are necessary. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, the above recom- mendation was approved. Amount of $8,000 - Tabled for Additional Information The Director of Court Services requests a Division of Court services appropriation transfer of $8,000.00. Funds to be transferred from a personnel line item resignation (which is not anticipated to be filled during the remainder of FY 1990 - 1991). Funds to be transferred to various line items. See attached memo. No additional local funds are necessary. The Committee was split 2/2 on this request. It was the consensus to table this item for additional information. Information Only Note of appreciation from Jim Davis regarding the County's contribution to the Youth Orchestra for FY 1990 -1991. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes 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 of Real Estate. BOARD WITHDREW FROM EXECUTIVE SESSION 37 Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the Board withdrew from Executive 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 Robert M. Rhodes and passed unanimously, that nothing was discussed other than what was noted in the request for an Executive Session. EVALUATION OF ROBERT W WATKINS PLANNING AND DEVELOPMENT DIRECTOR - APPROVED The evaluation of Robert W. Watkins, Planning and Develop- ment Director, was approved as submitted. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. ' ?7 1 -) Cle Board of Supe visors