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HomeMy WebLinkAboutFebruary 14, 1990 Regular Meeting511 A Regular Meeting of the Frederick County Board of Super- visors was held on February 14, 1990, at 7:30 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. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by Margaret Wise, Chaplain, Winchester Medical Center. ADOPTION OF AGENDA Mr. Riley noted that he had a Public Works Committee Report and a Resolution proclaiming FFA week. Mr. Stiles requested an Executive Session for discussion of acquisition and disposition of real estate and also time under "County Officials ". Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes and passed unanimously, the Agenda was adopted as amend- ed. APPROVAL OF MINUTES Upon motion made by Dudley H. Rinker, seconded by Charles W. orndoff, Sr. and passed unanimously, the minutes of the Joint Meeting with the City Council, City of Winchester, January 9, 1990, were approved as submitted. CONSENT AGENDA Upon motion made by Roger L. Crosen, seconded by Dudley H. Rinker and passed unanimously, the following Tabs were approved: Tab H - Parks and Recreation Commission Report. Tab I - Personnel Committee Report. DR. KENNETH ROSNER, Ph. TO THE Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes and passed unanimously, Dr. Kenneth Rosner, Ph.D. was appointed to the Shenandoah Area Agency on Aging as a 51 representative of Frederick County, said term to expire September 30, 1992. NOMINATIONS TO THE BOARD OF EQUALIZATION - APPROVED Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes and passed unanimously, the following nominations to the Board of Equalization were approved: Stonewall District - Ronald V. Shickle Bonnie J. Schwartzman Back Creek District - Joe Snapp William S. Gentry PROCLAMATION - FFA WEEK - APPROVED Mr. Riley presented the following resolution proclaiming National FFA Week: WHEREAS, the FFA with high school agriculture is a strong force for America's agriculture; WHEREAS, the FFA and high school agriculture are changing to provide training for the new high -tech careers of agriculture; WHEREAS, members of the FFA are playing an outstanding role in assuring the future progress and prosperity of our nation; WHEREAS, the FFA motto - "Learning to do, doing to learn; earning to live, living to serve" - gives a direction of purpose to these future leaders of the new fields of agriculture; and WHEREAS, the FFA performs the valuable service of developing leadership, encouraging cooperation, promoting good citizenship, teaching modern information and inspiring patriot- ism among its members; THEREFORE, BE IT RESOLVED, that the Board of Super- visors of the County of Frederick, Virginia, does hereby designate the week of February 19 -23, 1990 as FFA Week. Upon motion made by Charles W. Orndoff, Sr., seconded by Roger L. Crosen and passed unanimously, the above proclamation was approved. CHAIRMAN STILES ADDRESSED THE BOARD RE: ANNOUNCEMENT MADE BY THE CITY OF WINCHESTER CONCERNING CERTAIN STREETS BEING CLOSED Mr. Stiles noted that in a recent newspaper article it was stated that four streets in the City of Winchester would be closed to any traffic that would be generated from an approved subdivision that is scheduled to be built in the County. He noted that these are what is referred to as stub streets and this property can only have access through these four streets. He further noted that to landlock this property is not legal in r' f' 513 his opinion. Mr. Stiles further stated that the master plan showed connections with two of these four streets and referred to a memorandum from City Planner, Timothy Youmanns, dated September 21, 1988 wherein he stated that the City felt Apple Street could be used but not Van Fossen Street. He further noted that this matter is between the property owner and the City of Winchester. SCHOOL BOARD VPSA RESOLUTION - APPROVED FOR PUBLIC HEARING Upon motion made by W. Harrington Smith, Jr., seconded by Roger L. Crosen and passed unanimously, the resolution request- ing 3.5 million dollars in funding for the construction of an elementary school on Route 522 South was approved for public hearing. PLANNING COMMISSION BUSINESS PUBLIC HEARING DATE SET FOR PLANNING DEPARTMENT REZONING REQUEST Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, March 14, 1990 was set as the date for the public hearing on the rezoning request of James H. Carroll. SUBDIVISON REQUEST - FORT COLLIER ESTATES - APPROVED Mr. Watkins, Director of Planning and Development, present- ed this request and stated that the Planning Commission recommended approval. Mr. Smith asked about the water pressure at this site. Mr. Riley explained that the owner is in the process of constructing a twelve inch water main. Mr. Crosen asked if this would give the pressure needed in the event of a fire without the water tank. Mr. Riley replied yes. Mr. Bruce Edens of Greenway Engineering, appeared before the Board on behalf of this request. There was no opposition. Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr. and passed unanimously, the subdivision request of Fort Collier Estates was approved. PUBLIC HEARING 514 AN AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 21, "^X77wTC MIN RFVTSF. ALL PORTIONS OF CHAPTER _ - APPROVED Mr. Watkins presented this report and reviewed with the Board the amendments to this ordinance and stated that the Plann ing Commission recommended approval. Mr. Tom Chamouris, of the Shenandoah Valley Oil Company, appeared before the Board and stated that he had just been made aware of this ordinance amendment this date and was not one hundred percent clear on what amendments were being requested. He stated that he was concerned about the distance between entrances for someone's business. Mr. Watkins explained that in some situations it would be one hundred fifty feet and in others it would be two hundred feet, but that the County cannot deny access to any existing property from a State road. Mr. Chamouris referred to a site plan and the amount of time that is required to get this approved and with all these changes it could take six months to get something approved, and he asked that the Board get back to the basics and be more rea- sonable. He asked about his plan that was already in the system, which the Board discussed, and the Board felt if a request had been submitted to the review agents then the staff would work with that individual. Mr. James Blankenship, employee of Funkhouser Oil, appeared before the Board and stated that he was concerned about the sec- tion dealing with signs, especially freestanding, etc. He expressed his concern on the maximum size allowed for signs as well as set back requirements for these signs. Mr. Stiles stated that any request for a sign larger than one hundred fifty feet could go through the Board of Zoning Appeals. Mr. Crosen asked if the County could tell the oil companies that they would not accept any signs over one hundred feet. Mr. Blankenship explained that in some areas they are not allowed over a certain size, such as Williamsburg and that signs are very critical to their business. 515 Mr. Crosen stated that he felt for the most part signs are larger than they need to be. Mr. Stiles suggested one hundred twenty five feet with any- thing over this going to the Board of Zoning Appeals. Mr. Tom Kremer, Jr. appeared before the Board and explained that the majority of the Petroleum Association was not aware of these proposed changes and requested that this be tabled until they had more time to review these changes. Mr. Stiles replied that this proposal has been discussed for the better part of two years and if any part of this would create a hardship then the staff will deal with the situation and work with the owner. Mr. Perry Silva, President of the Firemen's Association, appeared before the Board to ask about the sprinkler system as this concerned him along with the building size. Mr. Crosen asked if maybe the Inspections Department needed to take a look at this proposal. Mr. Riley explained that they needed to keep these two issues separately. Mr. Stiles referred to a letter from Forrest Jones, President of the Top of Virginia Builders, wherein he addressed some of the members' concerns. Mr. Bernie McClung, with the Top of Virginia Builders, addressed the Board and stated that they were concerned that once this ordinance is enacted, changes could not be made. Mr. Rinker stated that he would like a firm answer with regard to the heights on buildings, are they still going to be sixty feet. Mr. Riley explained that he felt this section was done mainly for the industrial parks. Mr. Crosen suggested leaving the height at forty five feet. He further stated that he was concerned about gross density and asked that the Planning Commission look at this as one number and not on a sliding scale. Mr. Stiles requested that the Planning staff look at this. 516 Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes and passed unanimously, the amendment of the Frederick County Code, Chapter 21, Zoning, all portions of the chapter, was approved with amendments as noted. COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT - APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on January 16, 1990. Members present were: Robert Roper, Patricia Perry, Courtland Smith, Thomas Grove, Donald Wilson. The following action was taken: Budget Update Mrs. Perry moved that the Commission resubmit the request for the construction of two basketball courts at Clearbrook Park using staff_ cost estimates instead of the figures provided in the Master Plan and agreed to cut one soccer field from the pro- posed budget, seconded by Mr. Grove, carried unanimously (5 -0). PERSONNEL COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Personnel Committee reviewed the attached request from the Director of the Division of Court Services for a position upgrade and recommends approval of same. FINANCE COMMITTEE REPORT Mr. Rhodes, Chairman of the Finance Committee, presented the following report: The regular monthly meeting of the Finance Committee met on Tuesday, February 6, 1990, at 9:00 A.M., in the Board of Super- visor's Conference Room in the County Courthouse. Dudley Rinker was absent. All other members were present. The following require Board action: Request from the Special Assistant for the Commonwealth's Attorney for a General Fund Supplemental Appropriation in the Amount of $354.58 - Approved The Special Assistant for the Commonwealth's Attorney requests a General Fund supplemental appropriation of $354.58 for Special Prosecutor services. No additional local funds are needed. See attached memo. The Committee recommends approval. 517 Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above request was approved. Request from the Northwest Regional Jail Project Coordinator for a Northwest Regional Jail Fund Supplemental Appropriation in the Amount of 3,330.00 - To be Brought Back to the Committee at a Later uate The Northwest Regional Jail Project Coordinator requests a Northwest Regional Jail Fund supplemental appropriation of $3,330.00 for an education program. See attached memo. The Committee recommends approval. It was the consensus of the Board to have this brought back to the Committee at a later date. t from the School Finance Director for a School nnnlemental Anoroorlatlon in the Amount of 4,990.00 The School Finance Director requests a School Fund supple- mental appropriation of 4,990.00 for the Drug Free Schools and Community Act Program. 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. Request from the School Finance Directo for a ' §c - hool - FuNi - Supplemental A2pro2riation in the Amount of osn nn - Annrnved The School Finance Director requests a School Fund supple- mental appropriation of $950.00 for the Virginia Literacy Program. 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. Request from the Data Processing Dire for - a Gen eral Fund Appropriation Transfer from Contin enc in the nM.„rt n SIs.nnn - ADDrovea The Data Processing Director requests a General Fund appro- priation transfer from Contingency of $35,000 for computer con- version and training. See attached memo. The Committee recom- mends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above request was approved. implementation of the BPOL Tax at the 100% Tax Rate - 518 The Finance Committee recommends implementation of the BPOL Tax at the 100% tax rate. See attached. The Committee recom- mends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. q uest for a FY89 -90 General Fund Supplemental propriation in the Amount of 5,615.62 for a Fire rvices Coordinator - Approved Request for a FY 89 -90 General Fund supplemental appropria- tion of $5,615.62 for a Fire Services Coordinator for two months. The annual cost of this position is $26,553.76. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Roger L. Crosen and passed unanimously, the above request was approved and it was noted that this individual will not be a Fire Chief. Finance Committee Recommends the Anniversary Date for all Law Enforcement Officials be July of Each Year - Approved Merit increases for law enforcement personnel for FY 90 -91 was discussed. These personnel have received July, 1989, October, 1989, January, 1990 increases and will receive July, 1990 increases for the second portion of the reorganization. The Finance Committee recommends the anniversary date for all law enforcement officials be July of each year with the first merit increase to begin July, 1991. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. The following are for your information only: 1. The Department of Criminal Justice Services has extend- ed its ADA Grant through September, 1990. See attached memo. 2. See attached memo from the School Finance Director documenting appropriation transfers approved in December, 1989. 3. The June 30, 1989 Audit Report will be distributed at the meeting. 4. See attached memo from Michael Butler, Director of Lord Fairfax Emergency Medical Services Council. Detailed budget packages are available for your review in the Finance Depart- ment. 519 PUBLIC WORKS COMMITTEE REPORT Mr. Orndoff, Sr., Chairman of the Public Works Committee, presented the following report: The Public Works Committee met on Tuesday, February 13, 1990, at 7:30 A.M. Present were Board members Charles W. Orndoff, Sr. and W. Harrington Smith, Jr.; Committee members Keith A. Tubandt and Chester A. Renner; County Administrator John R. Riley, Jr.; and Assistant County Administrator Stephen F. Owen. The following items were discussed: Items Requiring Action Shawneeland Water System Appraisal - Approved An appraisal of the Shawneeland water system prepared by Clifford and Associates was discussed. The Committee recommends that the Board (1) accept the report, and (2) drop plans to take over the Shawneeland water system. Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr. and passed unanimously, the above recom- mendation was approved. Registrar's Office Relocation - A roved Steve Owen advised that plans are proceeding to relocate the Registrar to the Joint Judicial Center. The Committee recom- mends a supplemental appropriation from contingency to the appro- priate line item(s) not to exceed $3,000 to purchase a copier, table and chairs, and for computer relocation costs needed for the move (see Attachment 1). Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr. and passed unanimously, the above recom- mendation was approved. is Waterbed Lease Te c Works Committee atio - Referred Back to the The attached letter from McCoy's Waterbed was discussed regarding their plans to move out of the old Penny's building some 13 months before their lease with the County expires. The Committee recommends allowing the lease to be terminated with rent to cease upon termination, but recommends denial of their other requests (see Attachment 2). 520 Upon motion made by Charles W. Orndoff, Sr. and seconded by W. Harrington Smith, Jr., to approve the above recommendation. The above motion was denied by the following recorded vote. It was the consensus of the Board to refer this back to the Public Works Committee: Aye - Kenneth Y. Stiles, Robert M. Rhodes, Dudley H. Rinker and Roger L. Crosen. Nay - W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Fire Pumper Offer - Tabled for Further Study - Approved An offer from Greenwood Volunteer Fire Company to donate a 1963 GMC pumper to Frederick County was discussed. The Committee is not in favor of accepting this donation but recom- mends that the Board ask the Fire and Rescue Association to review the offer (see Attachment 3). Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr. and passed unanimously, the above recom- mendation was approved. Ladder Truck Maintenance Request - Approved A request from Greenwood Fire Company that the County assume maintenance responsibilities on the ladder truck recently donated by Fairfax County was also discussed. The Committee is not in favor of this request either but recommends that the Board request input from the Fire and Rescue Association (see Attachment 4). Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr. and passed unanimously, the above recom- mendation was approved. Landfill Accounts Exoneration - Approved The Committee recommends that the Board delegate full exone- ration authority to the County Treasurer on uncollectible delin- quent landfill accounts. Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr. and passed unanimously, the above recom- mendation was approved. Transfer of Funds - Approved 521 The Committee recommends that the Board transfer $55,000 from the Landfill Fund to the General Fund after July 1, 1990, to repay a loan from several years ago. Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr. and passed unanimously, the above recom- mendation was approved. Landfill Interest Charge on Delinquent Accounts - Approved The Committee discussed and now recommends that a 10 per- cent interest charge be applied to delinquent landfill accounts after 30 days. A public hearing to amend the County Code will be necessary to proceed with this. Staff recommends setting a hearing date for the March 10th meeting. Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr. and passed unanimously, the above recom- mendation was approved. Items Not Requiring Action Architect Proposals Steve Owen advised that 23 architectural firm proposals have been received for the County Administration Building. The Committee asked Mr. Owen to review and screen the proposals prior to their review and ranking of them. Recycling Materials Box Proposals Mr. Owen advised that recycled materials collection box proposals will be received on February 15 and that he would provide the Committee with a recommendation on this project at their next meeting. Miscellaneous Several other monthly, quarterly, and project reports were reviewed by the Committee regarding the Landfill, Animal Shelter, Recycling, Emergency Services and Fire Marshal's office. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by Roger L. Crosen, seconded by Robert M. Rhodes and passed unanimously, the Board retired in Executive Session in accordance with Virginia Code, 1950, as amended, 52�t Section 2.1 -344, Subsection A (6) to discuss acquisition and disposition of real estate. BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by Roger L. Crosen, seconded by Dudley H. Rinker and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Roger L. Crosen, seconded by Robert M. Rhodes and passed unanimously, the Board reconvened into Regular Session and stated that nothing was discussed other than what was noted on the request for an Executive Session. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE :-BOARD OF SUPERVISORS ADJOURN. Ile Chairman, Board f Supervisors Clerk, B a d f S perv'sors