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January 24, 1990 Regular Meetingi i A Regular Meeting of the Frederick County Board of Super- visors was held on January 24, 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 was not present at the beginning of the meeting. CALL TO ORDER Vice - Chairman Rhodes called the meeting to order and asked that everyone observe a moment of silence in absence of a Minister. ADOPTION OF AGENDA Mr. Riley requested the following amendments: 1. Several additions to the Finance Committee Report. 2. Request from School Board on School Board member compensation. 3. Consideration of resolution from Washington County. 4. Executive Session for discussion of acquisition of property and legal matters. Mr. Crosen stated that he had an item under "County Officials ". Upon motion made by Roger L. Crosen, seconded by Dudley H. Rinker and passed unanimously, the Agenda was adopted as amend- ed. CONSENT AGENDA Upon motion made by Roger L. Crosen, seconded by W. Harrington Smith, Jr. and passed unanimously, the following Tabs were approved and do not require further discussion or action: Tab D - Resolution Re: Kiwanis' 75th Anniversary. Tab F - Correspondence from the Department of Historic Resources. Tab G - Request for Tax Exempt Status of Cedar Creek Battlefield Foundation, Inc. and Approval of Resolution. Tab 0 - Memorandum Re: Annual Review of Conditional Use Permits. Tab Q - Memorandum Re: Zoning Review Committee. Tab R - Transportation Committee Report. Tab S - Fire and Rescue Committee Report. 499 Mr. Stiles arrived at this time. Mr. Crosen stated that in the minutes of December 13, 1989, Page 14, first sentence should read, "The above motion was passed by" and not "made by ". Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the minutes of the Regular Meeting of December 13, 1989 were approved as amended. Mr. Crosen noted the following changes to the minutes of December, 19, 1989: II Page 3, second paragraph, the name should read "Mr. Larry Tomek" and not "Komack "; seventh paragraph, the name should read "Mr. Vic Dill, Gainesboro District" and not "P. Dill, Opequon District" and Page 5, sixth paragraph, the name should read "Rick Thweatt" and not "Twigg ". Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the minutes of the Special Meeting of December 19, 1989 were approved as amended. Upon motion made by Dudley H. Rinker, seconded by Charles W. Orndoff, Sr. and passed unanimously, the minutes of the Special Meeting of January 3, 1990 were approved as submitted. THOMAS GARONE AND BRENDA ESPOSITO APPOINTED TO THE Upon motion made by Robert M. Rhodes, seconded by Charles W. Orndoff, Sr. and passed unanimously, Thomas Garone of Stowe Woodward and Brenda Esposito of General Electric were appointed to the Local Emergency Planning Committee. 2020 TASKFORCE STEERING COMMITTEE APPOINTMENTS - TABLED RESOLUTION FROM WASHINGTON COUNTY /GRAYSON COMMITTEE - NO ACTION TAKEN BOARD MEMBER ROGER CROSEN DISCUSSED NEED FOR ONE OR TWO NEW HIGH SCHOOLS Mr. Crosen asked if the construction of one or two high schools is still open for discussion and if so he would like to 11 hear from fellow Board members concerning this. Mr. Stiles explained that he had asked Mr. Watkins to get some figures together on school enrollment. He further explain- ed that the School Board will be meeting with the Capital 500 Improvements Committee and this report will be forwarded to the Board. He further explained that at this point he felt the Board should wait to make a final decision, but to proceed with the first school at this time. Mr. Rhodes stated that he felt the schools needed to be constructed in order that additional space could be added, if necessary, in the future. Mr. Rinker stated that he would like for the Board to pro- ceed with a high school that would accommodate 1200 pupils with room to expand to 1500. Mr. Stiles asked Mr. Watkins to send student enrollment projections out to Board members as soon as possible. Mr. Stiles further noted that he did not agree with the School Board about the immediate need for the construction of a new high school. INFORMED BOARD OF LEGISLATURE PRESENTLY BEFORE Mr. Stiles explained three separate bills that are current- ly before the General Assembly having to do with downzoning and why he is very interested in the outcome of these three bills, and the effect they could have on Frederick County. RESOLUTION RE: KIWANIS' 75TH ANNIVERSARY - APPROVED UNDER CONSENT AGENDA WHEREAS, Kiwanis International, a community service organization with 320,000 members and 8,500 clubs, raised $65 million during the past year and donated more than 22 million volunteer hours in 73 nations and geographic areas; and WHEREAS, the concept and principle Kiwanis represents is symbolized by the slogan, "We Build "; and WHEREAS, on January 21, 1990 Kiwanians in the County of Frederick and elsewhere around the world did celebrate Kiwanis' 75th anniversary; and WHEREAS, there are 185 Kiwanians in two clubs in the County of Frederick; and WHEREAS, it is fitting that the members of this worth- while organization be recognized for the outstanding service they provide this community, the County of Frederick and else where around the world; now THEREFORE, I, Kenneth Y. Stiles, Chairman of the Board of Supervisors for the County of Frederick, Virginia, do hereby proclaim the week of January 21 -27, 1990 as "Kiwanis Week" in the County of Frederick and elsewhere around the world. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Executive Department to be affixed. This 24th day of January, 1990. EXTENSION OF WATER LINE TO CAMP 7 - TABLED FOR ADDITIONAL INFORMATION Mr. Wellington Jones, Engineer /Director of the Sanitation Authority, appeared before the Board to answer any questions they might have with regard to this request. He explained that the Sanitation Authority had no position on this request other than they will provide the water. Mr. Smith asked what Clarke County's position was on this matter. Mr. Riley explained that this is not an option for Clarke County. Mr. Jones stated that the water line in Clarke County is a private line. Mr. Jones further stated that the Wheatlands' owners have paid one hundred percent from Sherando Park to where it is now. Mr. Orndoff asked how many connections would be down Route 277. Mr. Jones replied Sandy's Trailer park and possibly an additional ten to twelve homes. Mr. Rinker asked if Sandy's Trailer Park would be willing to participate. Mr. Jones replied that he was not sure. Mr. Crosen asked if everything had been settled with the City of Winchester on the supply of water. Mr. Stiles replied not formally, but verbally yes. Mr. Rhodes stated that he felt it would be better to run the line down Route 277 rather than through Wheatlands. Mr. Rinker asked that the Sanitation Authority contact the owners of Sandy's Trailer Park and other residents along Route 277 to see if they are interested in hooking on. 11 It was the consensus of the Board that this issue be tabled for additional study. CORRESPONDENCE FROM THE DEPARTMENT OF HISTORIC RESOURCES - APPROVED UNDER THE CONSENT AGENDA REQUEST FOR TAX EXEMPT STATUS OF CEDAR CREEK BATTLE- FIELD FOUNDATION, IN C. AND APPROVAL OF RESOLUTION - 502 WHEREAS, Cedar Creek Battlefield Foundation, Inc. is a Virginia nonstock, non - profit corporation, whose purposes are to acquire and preserve the land upon which the Battle of Cedar Creek was fought in October, 1964; to develop an appropriate battlefield and historical center open to the public; to pre- serve the open space surrounding Belle Grove Plantation; to pre- serve writings which relate to the history of that battle; and to discover, obtain and preserve physical objects which relate to the history of the battle. WHEREAS, the Internal Revenue Service of the United States has determined that Cedar Creek Battlefield Foundation, Inc. is an organization described in Section 501(c)(3) of the Internal Revenue Code and is, therefore, exempt from federal taxation. WHEREAS, Cedar Creek Battlefield Foundation, Inc. has recently purchased 158.16 acres in Opequon Magisterial District, on the West side of U.S. Route 11, lying between Middletown and Belle Grove Plantation in Frederick County, Virginia, and this tract of land is to be used exclusively for charitable and bene- volent purposes on a nonprofit basis. WHEREAS, Cedar Creek Battlefield Foundation, Inc. desires to be designated as a charitable and benevolent organization within the context of Section 6(a)(6) of Article X. of the Constitution of Virginia, thereby exempting it from taxation, state and local, including inheritance tax. WHEREFORE, BE IT RESOLVED, that the Board of Super- visors of Frederick County, Virginia is satisfied that the property presently owned by Cedar Creek Battlefield Foundation, Inc. in Middletown, Virginia is to be used for charitable and benevolent purposes and that Cedar Creek Battlefield Foundation, Inc. should be designated a charitable and benevolent organiza- tion within the context of Section (6)(a)(6) of Article X. of the Constitution of Virginia, and that the Board of Supervisors endorses and approves the efforts of the Foundation in seeking to achieve its corporate purposes. BE IT FURTHER RESOLVED, that Cedar Creek Battlefield Foundation, Inc. is hereby exempted from taxation by Frederick County, Virginia, and that the 158.16 acre tract of land and improvements thereon are to be exempted from taxation so long as such property is owned by Cedar Creek Battlefield Foundation, Inc. and is used exclusively for charitable and benevolent purposes. The operative provisions of this Resolution exempting the property from taxation shall become effective upon the passage of an appropriate statute by the General Assembly of Virginia designating Cedar Creek Battlefield Foundation, Inc. a non- profit, charitable corporation within the context of Section 6(a)(6) of Article X. of the Constitution of Virginia. PASSED by the Supervisors of Frederick County, Virginia on January 24, 1990. PUBLIC HEARING TV CABLE FRANCHISE AGREEMENT RENEWAL - ADELPHIA CABLE COMMUNICATIONS TO DRAFT NEW AGREEMENT Mr. Steve Owen, Assistant County Administrator, presented this request. There was no public input. It was noted that Adelphia Communications is to draft a new agreement. AN AMENDMENT TO THE FREDERICK COUNTY CODS, CHAPTER 13, MOTOR VEHICLES AND TRAFFIC; ARTICLE II, STOPPING, STAND- ING AND PARKING: SECTION 2 -2 -17. PARRTNr. RRanT.nmTnuc - Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes and passed unanimously, the above ordinance amendment was approved. AN AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 1 FEET TO 500 FEET - APPROVED Upon motion made by Roger L. Crosen, seconded by Dudley H. Rinker and passed unanimously, the above ordinance amendments were approved to read as follows: 1 -1 Burning of Leaves The burning of brush, leaves, grass, debris or other inflammable material on the premises of privately owned land may be burned on these properties providing that: 1 -1 -3 The location of the burning shall not be less than five hundred (500) feet from any occupied building unless the occupant thereof has given prior written permission or within five hundred (500) feet of any woodland or brushland. PLANNING COMMISSION BUSINESS PUBLIC HEARING REZONING REQUEST #024 -89 OF FREDERICK COUNTY PARKS AND RECREATION - STONEWA MAGISTERIAL DISTRICT - APPROVED Mr. Watkins, Planning and Development Director, presented this request. There was no public input. Upon motion made by Charles W. Orndoff, Sr., seconded by Dudley H. Rinker and passed unanimously, rezoning request number 024 -89 of Frederick County Parks and Recreation, P. 0. Box 601, Winchester, Virginia, to rezone 3.218 acres from RA (Rural Areas) to EM (Extractive Manufacturing) was approved. This property is located South of Route 672 and East of Route 11 North and is identified as Parcel 162B on Tax Map 33 in the Stonewall Magisterial District. REZONING REQUEST #020 -89 OF ALSON H. AND MARGARETTE M. SMITH - STONEWALL MA GISTERIAL DISTRICT - APPROVED 5014 Mr. Watkins presented this request. Mr. Orndoff asked about the turning lane. Mr. Stiles explained this could be addressed at the site plan stage. Mr. Harry Benham, Attorney, addressed the Board on behalf of this request. Mr. Stiles asked about the plans for supplying water. Mr. Benham stated that they plan to hook up to the water line on Welltown Pike. Mr. Stiles asked about a water tank being erected. Mr. Benham replied this was a possiblity. Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr. and passed unanimously, rezoning request number 020 -89 of Alson H. and Margarette M. Smith, Box 422, Winchester, Virginia, to rezone seven acres from RA (Rural Areas) to B -3 (Industrial Transition) was approved. This property is located on Route 661, Welltown Pike, about two miles North of Winchester and is identified as Parcel 56 -0 on Tax Map 43 in the Stonewall Magisterial District. CONDITIONAL USE PERMIT #020 -89 OF ANN RIDDLE - SHAWNEE MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this request and stated that the Plan- ning Commission recommended approval. Ms. Riddle was present on behalf of her request. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, conditional use permit number 020 -89 of Ann Riddle, Route 3, Box 469, Paper Mill Road, Winchester, Virginia, for a beauty salon was approved. This is to be located East of Route 644, approximately .42 miles South of the Winchester City limits and is identified as Parcel 124 on Tax Map 63 in the Shawnee Magisterial District. OTHER PLANNING ITEMS PRELIMINARY MASTER DEVELOPMENT PLAN - WINDSOR HILL ESTATES - APPROVED Mr. Watkins presented this and stated that the Planning Commission recommended approval. 7QJ Mr. Harry Benham, Attorney, and with interest in Frederick Mall Land Trust, appeared before the Board on behalf of this request. Mr. Smith stated that he had been assured that Village Road would not be used as an access road. Mr. Riley asked Mr. Watkins if he had been contacted by the City for his comments on the development they are doing adjacent to our boundaries on Senseny Road across from the park. Mr. Watkins replied no, he understood they would, but noth- ing so far. Mr. Riley stated that he felt they should have this in writ- ing. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes and passed unanimously, the preliminary master development plan of Windsor Hill Estates was approved. MASTER DEVELOPMENT PLAN - LAKE CENTRE - APPROVED Mr. Watkins presented this and stated that the Planning Commission recommended approval with additional changes. Mr. Smith asked about the property ID number and the plat showing the area belonging to the Board of Education. Mr. Rinker asked if stormwater will be draining into the lake. Mr. Watkins replied yes it would. Mr. Chuck Maddox, of G. W. Clifford and Associates, appear- ed before the Board on behalf of the petitioner. Mr. Smith asked about run -off of oil, etc. into the lake and whether this could be a problem. There was no public input. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the master development plan of Lake Centre was approved. MEMORANDUM RE: ANNUAL REVIEW OF CONDITIONAL USE PERMITS - APPROVED UNDER CONSENT AGENDA MEMORANDUM RE: REVISED ZONING ORDINANCE - TO BE HELD FOR PUBLIC HEARING FEBRUARY 14, 1990 MEMORANDUM RE: ZONING REVIEW COMMITTEE - APPROVED UNDER CONSENT AGENDA COMMITTEE REPORTS 506 TRANSPORTATION COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA At the January 8th meeting of the Transportation Committee the following items were discussed: 1. The proposed network of collector and arterial roads for the eastern portion of the County. The Committee endorsed the network with the following suggestions: * The location of the Northern section of the proposed 37 loop from Route 7 to Route 81 be examined. Is the location shown the most practical, or should it swing more to the South along Red Bud Run? * The proposed improvements to Greenwood Road should be examined in light of the area wide transportation system. The committee feels that Greenwood Road cannot realistically serve as a major collector even with the completion of scheduled improvements. * The Route 644 corridor is a priority. The Committee feels that the alignment shown as alternate #1 from Route 522 to Route 50 should be considered even if the more Northerly loop route is chosen. This section of Route 644 should be added to the secondary road improvements list. 2. Discussion of the Merrimans Lane, Cedar Creek Grade intersection. As you know there have been a number of accidents at this intersection, some resulting in fatalities. Residents in the area have written a number of letters asking to see improvements made to the intersection. Mr. Bushman informed the committee that Delegate Smith has been working on getting action taken. The following items are scheduled to occur: * paint a center white line * approaches on Cedar Creek Grade will be raised * a traffic island placed in the intersection * size of the existing warning sign will be increased * a flashing overhead light will be erected in the intersection (red on Merrimans Lane and yellow on Cedar Creek Grade) * minor grading to open up intersection if warranted 3. In response to a letter from Bass - Hoover Elementary School, requesting flashing school zone signs, the committee recommended that all County schools be looked at for placement of such signs. 4. Discussion of possible improvements to Welltown Pike. With the increasing amount of traffic being generated by Stonewall Industrial Park and the surrounding business, the need 507 for improvements to Welltown Pike has become more urgent. The Committee has recommended that opportunities for improvements to the area be looked into, particularly industrial access funds when a qualifying industry locates in Stonewall Industrial Park. FIRE AND RESCUE COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Fire and Rescue Committee met on Monday, January 15, 1990, at 7:30 P.M., in the Round Hill Volunteer Fire Company facility. All companies were present. Also present were Board member Roger L. Crosen, Assistant County Administrator Stephen F. Owen, Emergency Services Coordinator Homer H. Sanders, Fire Marshal Paul N. Stinnett and Lord Fairfax Emergency Services Council Director Michael L. Butler. The following items were discussed, however none require Board action at this time: Fire Marshal's Report Paul Stinnett reported that he had completed numerous school inspections, arson incidents and investigations continue to grow and suggestions from the fire companies have been excellent. Also, a public hearing will be held on the 24th to amend the County Fire Code regarding fire lane /hydrant enforce- ment and open burning regulations. Emergency Services Coordinator's Report Homer Sanders reported that he had attended numerous meet- ings, including LEPC, fire critique, Firefighter I training course for new firefighters and the first Chiefs' meeting. Central Dispatch is still being worked out with Winchester Rescue Squad. A ladder truck from Fairfax County is now at Company 18 (Greenwood). NFPA 1500 The attached subcommittee report was read, after which the Committee voted unanimously to state its position as follows: All companies will attempt to comply with the standards in NFPA 1500, however, they do not support its mandatory application. Steve Owen advised a letter will be sent to Al Smith and Bill Truban advising of the Committee's concerns, which are very similar to those of the Virginia Fire Services Board. 508 FINANCE COMMITTEE REPORT Mr. Rhodes, Chairman of the Finance Committee, presented the following report: Request from the Regional Special Proscecutor for a General Fund Supplemental Appropriation in the Amount „f t i nnn The Regional Special Prosecutor requests a General Fund supplemental appropriation of $1,000 for a computer consultant. No additional local funds are needed. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above request was approved. quest from the Division of Court Services Director r a Court Services Fund Supplemental Appropriation in e Amount of $15,000 - Approved The Division of Court Services Director requests a Division of Court Services Fund Supplemental Appropriation of $15,000 to purchase a vehicle. No additional local funds are required. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above request was approved. Request from the Shawneeland Sanitary District Manager for a Sanitary District Fund Transfer in the Amount of Approved The Shawneeland Sanitary District Manager requests a Sanitary District Fund transfer of $7,500 to purchase equipment. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above request was approved. Request from the Treasurer for a FY 89 -90 General Fund Supplemental Appropriation in the Amount of $15,003 - The Treasurer requests a FY 89 -90 General Fund supplemental appropriation of $15,003 for two additional positions for five months. The annual cost is $37,000. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above request was approved. Request for a FY 89 -90 General Fund Supplemental Appropriation in the Amount of $10,990.52 for a Director of Fire Services for Two Months - Deferred Until the Budget Worksession on January 25, 1990 509 Request for a FY 89 -90 General Fund supplemental appropria- tion of $10,990.52 for a Director of Fire Services for two months. The annual cost is $51,664. The Committee recommends approval. Mr. Stiles requested that this be deferred until the budget worksession scheduled on January 25. The following is for your information only: 1. See attached memo from the Virginia G.F.O.A. regarding Frederick County's Distinguished Budget Award. FINANCE COMMITTEE REPORT ADDENDUM - APPROVED The following require Board action: Request from the County Administrator for a General Fund Appropriation Transfer from Contingency in the mm�nnt of 7n - nnnrnvoA The County Administrator requests a General Fund appropria- tion transfer from Contingency in the amount of $20,000 for a vehicle. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above request was approved. The following is for your information only: 1. The President of Shenandoah College and Conservatory request a General Fund supplemental appropriation of $100,000 for a donation. The Finance Committee tabled this item at this time. REQUEST FOR SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF 4,400 FOR COMPUTER EQUIPMENT - APPROVED Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the request for a supplemental appropriation from Contingency in the amount of $4,400 for computer equipment for the purchase of five word processing soft- ware packages, one PC with 60 megabyte hard drive for the Plan- ning Department and one printer switch box was approved. REQUEST FROM THE SCHOOL BOARD FOR AN INCREASE IN SCHOOL BOARD MEMBER COMPENSATION APPROVED Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, to approve the increase for School Board members to a maximum of $2,400 and $250 above that of regular board members for the Board Chairman. 514 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 (6) to discuss Legal matters and Acquisition of Property. BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by Roger L. Crosen, seconded by Robert M. Rhodes and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Roger L. Crosen, seconded by W. Harrington Smith, Jr. and passed unanimously, the Board recon- vened into Regular Session. Upon motion made by Roger L. Crosen, seconded by W. Harrington Smith, Jr. and passed unanimously, to certify that the Board did not discuss anything other than legal matters and acquisition of property in Executive Session, UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WASIORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. Boar of Supervisors Clerk, B rd o_ Sup rvisors