Loading...
HomeMy WebLinkAboutFebruary 28, 1990 Regular Meeting523 A Regular Meeting of the Frederick County Board of Super- visors was held on February 28, 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 Mr. Rhodes, Vice - Chairman, called the meeting to order. INVOCATION The invocation was delivered by the Reverend Charles W. Doughty of the Church of Christ, Mountain View. ADOPTION OF AGENDA Mr. Riley requested the following amendments: 1. Approval of VPSA Resolution. 2. Approval of Brucetown Water Resolution. 3. Establish date for a public hearing on the budget. It was the consensus of the Board to have a final workses- lion on the budget on March 7, at 1:30 P.M., at which time the date will be established for the public hearing on the budget. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the Agenda was adopted as amended. CONSENT AGENDA Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the following Tabs were approved: Tab C - Request from the Frederick - Winchester Service Authority. Tab 0 — Parks and Recreation Commission Report. R. HERSHMAN APPOI TO THE SHAWNEELAND SANITARY Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, Dallas R. Hershman was appointed to serve on the Shawneeland Sanitary District Advisory Board, said term to expire June 30, 1991. 524 APPOINTMENT TO NORTH WESTERN VIRGINIA HEALTH Mr. Stiles arrived at this time. R. L. DUNN, REGIONAL FORESTER, DEPARTMENT OF FORESTRY Mr. R. L. Dunn, Regional Forester, appeared before the Board and gave a brief summary of the activities of the Forestry Department within the State of Virginia and presented each Board member with information about Virginia forests and all it's bi- products. REQUEST FROM THE FREDERICK- WINCHESTER SERVICE AUTHORITY - APPROVED UNDER THE CONSENT AGENDA E FROM THE WINCHESTER - FREDERICK COUNTY CIETY RE: RURAL LANDMARKS SURVEY COMMITTEE - NO ACTION TAKEN, INFORMATION ONLY REQUEST FOR OUTDOOR FESTIVAL PERMIT - SHENANDOAH VALLEY COMMUNITY RESIDENCES, INC. - APPROVED Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, the request for an outdoor festival permit for Shenandoah Valley Community Residences, Inc. was approved as presented. PUBLIC HEARING THE EXCHANGE OF EQUAL PARCELS OF LAND, LYING AND BEING SITUATED IN STONEWALL MAGISTERIAL DISTRICT - TO BECOME A PART OF CLEARBROOK PARK - BETWEEN WILLIAM S. FREY AND THE BOARD OF SUPERVISORS - APPROVED Upon motion made by Charles W. Orndoff, Sr., seconded by Dudley H. Rinker and passed unanimously, the exchange of equal parcels of land, each containing 3.218 acres, lying and being situated in Stonewall Magisterial District, Frederick County, Virginia, between William S. Frey and the Board of Supervisors was approved. The parcel of land is to be conveyed to the County of Frederick and to be joined with and become a part of Clearbrook Park in the Stonewall Magisterial District. WATER LINE TO CAMP 7 TO BE RUN DOWN ROUTE 277 - APPROVED Mr. Wellington Jones, Engineer /Director of the Sanitation Authority, appeared before the Board to bring them up to date on this project and explained this is only a water line, sewer is not included. He further stated that this line will serve nine- teen residential size customers and one mobile home park. He 52f. stated that the mobile home park owner is willing to pay $30,000 for the water service and if all others concerned participate, an additional $10,000 could be realized, therefore, the total from benefitted users would be approximately $40,000. Mr. Jones stated that the Sanitation Authority is not willing to put up the funds for this project. Mr. Rinker asked if the County could tell the State what the total cost would be and ask that they make up the differ- ence. Mr. Riley explained that it would cost less to run this line through Wheatlands and he did not want the residents that live along Route 277 to get their hopes up that they might be getting water and then the State decide that the lines will go through Wheatlands. Upon motion made by Dudley H. Rinker and seconded by W. Harrington Smith, Jr. to construct the line that will provide water to the Corrections Department Camp 7 facility run down Route 277. The above motion was approved by the following recorded vote: Aye - Kenneth Y. Stiles, Robert M. Rhodes, Dudley H. Rinker, Roger L. Crosen and W. Harrington Smith, Jr. Nay - Charles W. Orndoff, Sr. UPDATE ON GORE SCHOOL DAY CARE Mr. Stephen Owen, Assistant County Administrator, presented this update. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the update on Gore School Day Care was approved as presented and Board members Roger L. Crosen and Robert M. Rhodes will meet with the Board of Directors for the Day Care Center to establish an agreement be- tween the Day Care Center and the County. INESS PROFESSIONAL AND OCCUPATIONAL LICENSE - APPROVED Mr. Riley presented the amended Business Professional and Occupational License Tax and stated that the section dealing with trucks had been deleted, and that the tax will be due on March 1 of each year. 526 Mr. Stiles stated that this was not a public hearing, but if the Board did not object, he would take public comments. The Board concurred. Mr. Raymond Sandy, resident of Opequon District, appeared before the Board and stated that he opposed this tax as he felt it was unfair. He compared what City residents are provided for the taxes they pay as to what County residents receive for the taxes they are already paying and felt there is a noteable difference. Mr . Mike Webber, owner of Webber's Nursery, appeared before the Board and stated that he felt the tax was not a fair tax and referred to all the new businesses that are opening in the City such as Apple Blossom Mall and Wal -Mart and what the County was doing to promote new business within the County. Mr. Mike Didawick, Director of General Reassessment, explained second businesses and the fact that only the one located in Frederick County would pay this tax, and further, if a job is generated through an office located in Frederick County, tax will be paid on that job. Mr. Webber noted the error of dates in Section 18 -25 of the proposed ordinance as they should read March 1. Mr. Webber further noted that Section 18 -30 -5 was unfair and needed to be changed as it is confusing and conflicting. Following Board discussion, this section was deleted. Mr. Webber explained that the biggest cost in this County is the schools and that businesses do not need schools but residents do. Dr. Byron Brill, owner of property in Gainesboro and Opequon Districts, appeared before the Board and referred to this as a "back door" tax and stated that Farmers are exempt and asked how many Board members would be paying this tax. He further stated that everyone in business should be taxed, not just some, and that this tax is not a fair tax. Mr. Stiles explained that the three Farmers /Orchardist serving on the Board would be paying this new business tax. 52 r' Mr. Crosen stated that regardless of what the Board did, it will not be fair to everyone, and this tax may not be perfect, but a lot of work had gone into this business license tax. Mr. Stiles explained that the current Merchant's Capital tax is not a fair tax and this tax would be a more equitable tax and much easier to enforce. He noted that a business that grosses $100,000 per year would pay $360 per year in BPOL tax. He further stated that there is no such thing as a perfect tax, therefore the Board will probably have to come back and look at some amendments, but did not feel this would be an unbearable tax on anyone. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes and passed unanimously, the business profession- al and occupational license (BPOL) tax was approved with amend- ments as noted. VPSA RESOLUTION FOR FUNDING OF ROUTE 522 Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the VPSA Resolution for funding of the Route 522 South Elementary School was approved. PLANNING COMMISSION BUSINESS SED MASTER DEVELOPMENT PLAN AND SUBDIVISION EFFERSON VILLAGE - AP PROVED Mr. Watkins, Planning and Development Director, presented this request and stated that the Planning Commission recommended approval. Mr. Mislowski, of G. W. Clifford Associates, was present on behalf of the Petitioner. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the revised master development plan and subdivision request of Jefferson Village was approved. STORMWATER MA NAGEMENT PLAN FOR FREDER Mr. Watkins presented the proposal from Donahue and Associates to develop a preliminary stormwater management plan for the County. 528 Mr. Stiles noted that this plan would not solve all existing problems, but was a step in the right direction. Mr. Paul Bernard, of Donahue and Associates, was present to answer any questions the Board might have. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the preliminary storm - water management plan proposal by Donahue and Associates was approved. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) Mr. Watkins presented this request and stated that the staff and Planning Commission recommended denial of this request as it is not in conformance with the Comprehensive Plan. Dr. Lawrence Fagg appeared before the Board to speak on behalf of six area property owners to oppose this request. He spoke of the water table and the sewage problems as this area did not perk well. He further stated that he did not feel this was a proper development, right in the middle of farmland. Mr. Orville Hill and Mr. John E. Still appeared before the Board to also oppose this request and stated they did not feel this was a suitable location and were concerned as to what it may do to the water supply. Mr. Stiles explained exactly what Mr. Ritchie was request- ing and what the Health Department had recommended that Mr. Ritchie do. He further explained even if the Board denied this request it is possible that Mr. Ritchie could construct six homes on these six lots. The question before the Board is whether they should approve what is in essence a small package sewage treatment plant for land that is outside of the urban development area of Frederick County. Mr. Smith stated that he endorsed what the Zoning Admini- strator said and that was to deny this request and he moved for same. Mr. Rinker reminded Mr. Smith that this was in Opequon District. Mr. Smith apologized and Mr. Rinker moved to deny this request. Included in this motion is that the Planning staff write a letter stating that it is the Board's strong position that they are opposed to multiple homes on one sand filter. The above motion was seconded by W. Harrington Smith, Jr. and passed unanimously, to deny this request. Mr. Crosen explained that he is concerned about sand filter systems that have been installed in the County as he did not feel they are being monitored as they should, and further, that this water is being discharged either into a ravene or a fresh water stream. Mr. Riley explained that there is a Bill that just passed both houses that will address a lot of this. Ms. Isabelle Sherman, area resident, appeared before the Board and stated that regardless of what type system he would put in, it would have to drain and due to the fact that there is only one stream in the area, she is concerned about this. PRIMARY ROAD ALLOCATION RECOMMENDATIONS - APPROVED AS AMENDED Mr. Rinker requested that number 11, I -81, go to Inter- change 78. Mr. Stiles requested that number 8 be changed in order that the Southern end be first. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the primary road allocation recommendations were approved as amended. COMMITTEE REPORTS PARKS AND RECREATIO COMMISSION REPORT - Al UNDER The Parks and Recreation Commission met on February 20, 1990. Members present were: Carmen Rio, Patricia Perry, Donald Wilson, Robert Roper, Courtland Smith, Dudley Rinker. The following action was taken: Request from Apple Blossom Committee to Use Park Facilities Mr. Roper moved to accept a request from the Apple Blossom Committee to waive user fees for activities scheduled at Sherando Park on May 4, 5 and 6, 1990, subject to conditions set forth by the Parks and Recreation Department, seconded by Mr. Smith, carried unanimously. 530 Establish Time and Place for Monthly Meetings Mrs. Perry moved to hold the regular monthly Commission meetings the second Thursday of each month at 7:00 P.M. during 1990 in the Board of Supervisors meeting room at 9 Court Square, seconded by Mr. Roper, carried unanimously. ROAD RESOLUTION - GLENRIDGE DRIVE IN GLENMONT VILLAGE, SECTION VI - APPROVED Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the following resolution was approved. BE IT RESOLVED, That the Virginia Department of Trans- portation 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: Glenridge Drive (50' r /w) Section VI, Glenmont Village From: intersection with Route 868 and Glenridge Drive To: 1,001.22' or 0.19 mile South of intersection with Route 868 and Glenridge Drive (cul -dec -sac) Length of Addition: 1,001.22' or 0.19 mile AND BE IT FURTHER RESOLVED, That the Board of Super- visors does guarantee the Commonwealth of Virginia an unrestrict- ed right -of -way of 50 feet as described in the above deed book and page numbers with necessary easements for cuts, fills and drainage. RESOLUTION RE: BRUCETOWN WATER - APPROVED Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr. and passed unanimously, the following resolution was approved: WHEREAS, there exists a continuing water quality problem in the Brucetown rural community center that affects virtually all of its citizens; and WHEREAS, public hearings were held on February 15th and 22nd, 1990 to gather public comments on the community development needs of the Brucetown area generally and the proposed Brucetown water project in particular; and WHEREAS, an income and facilities needs survey was conducted in the proposed project service area in accordance with the requirements of the Virginia Community Development Block Grant program; and WHEREAS, the proposed project will serve an estimated 98 households and 265 persons total, and 130 of these persons are estimated to be of low to moderate income as determined by the survey, NOW, THEREFORE, Board of Supervisors $700,000 of Virginia the Brucetown Water by $118,221 in local Authority which will BE IT RESOLVED by the Frederick County that Frederick County wishes to apply for Community Development Block Grant funds for Project and that this amount will be matched funds from the Frederick County Sanitation undertake the proposed project; and Y BE IT FURTHER RESOLVED, that the County Administrator is hereby authorized to sign and submit the appropriate documents for a Community Improvement Grant under the Virginia Community Development Block Grant program. 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 acquisition and disposition of real estate. BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENED INTO REGULAR SESSION Upon motion made by W. Harrington Smith, Jr., 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 in the request for an Executive Session. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. r ' �1 rman, B a o Supervisors Clerk rd of Supervi rs