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June 13, 1990 Regular Meeting605 A Regular Meeting of the Frederick County Board of Super- visors was held on June 13, 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. INVOCATION The Chairman asked for a moment of silence in absence of a Minister. ADOPTION OF AGENDA Mr. Riley, County Administrator, requested the following amendments to the Agenda: 1. Approval of Virginia Department of Transportation's Secondary Road Budget; 2. Approval of resolution accepting certain roads into the secondary system within Stonebrook Subdivision; 3. Approval of funding for project at Gore School; 4. Approval of banking services for the County for the next three years; 5. Representative from Lord Fairfax Community College to address the Board with reference to budget request. Mr. Smith requested time to address the County policy that addressed screening and buffering in County subdivisions. Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, the Agenda was adopted as amended. CONSENT AGENDA There were no items under the "Consent Agenda ". APPROVAL OF MINUTES Upon motion made by Dudley H. Rinker, seconded by Charles W. Orndoff, Sr. and passed unanimously, the minutes of the Regular Meeting of April 25, 1990 were approved as submitted. WILLIAM F. EDMONSON APPOINTED TO THE SANITATION AUTHORITY Mr. Rinker stated that Mr. Borden did not wish to be re- appointed and he would like to thank him for his many hours and 606 years of service to the Sanitation Authority. He further stated that he would like to appoint Mr. Bill Edmonson as the represen- tative from Opequon District. Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes and passed unanimously, William F. Edmonson was appointed to the Sanitation Authority as the representative from Opequon District, said term to commence June 13, 1990 and expire April 15, 1994. JANET CARBAUGH REAPPOINTED TO THE LORD FAIRFAX EMERGENCY MEDICAL SERVICES COUNCIL Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, Janet Carbaugh was reappointed to the Lord Fairfax Emergency Medical Services Council, said term to expire June 30, 1993. JAMES GOODRICH, SR. REAPPOINTED TO THE HISTORIC RESOURCES BOARD Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, James Goodrich, Sr. was reappoint- ed to the Historic Resources Board, said term to commence July 12, 1990 and expire July 12, 1991. REQUEST FROM SILVER COMPANIES FOR BOARD TO RESCIND AVIGATION EASEMENT - TABLED Mr. Riley presented this request to the Board. Mr. Smith requested that this be tabled until the Special Meeting of June 25 due to the fact that certain information with regard to this request was presented to the Board prior to tonight's meeting and he felt time was needed to review this latest information. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr. and passed unanimously, this request was tabled until the Special Board meeting of June 25, 1990. BOARD MEMBER W. HARRINGTON SMITH BOARD RE: COUNTY REOUIREMENTS F ADDRESSED THE IN Mr. Smith explained that he had been contacted by his con- stituents with regard to screening that had been used in a sub- division recently approved by the Board. He further explained that he visited the area in question and he could not believe what the developers had planted for screening as it would take 607 twenty years for these saplings and seedlings to provide any type of screening. Mr. Stiles stated that his understanding of the Code is that when the shrub is planted, it is to serve as a screening at that time. It was the consensus of the Board that this be referred to the Code and Ordinance Committee. FROM THE SHAWNEELAND SANI LODGE - APPROVED DISTRICT Mr. Owen, Assistant County Administrator, presented this request to the Board and explained that the Sanitary District was requesting permission to dismantle the existing lodge and salvaging as much reusable materials as possible. He further explained that they are also interested in having the present site tested to determine if another building could be built on the site or whether they need to move to another location. Mr. Gene Janisch, Chairman of the Sanitary District Advisory Board, appeared before the Board and outlined what the Advisory Board would like to do concerning the lodge as well as help generate the sale of property in Shawneeland. Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, the Sanitary District Advisory Board is to proceed with getting bids to dis- mantle the lodge, salvaging all reusable materials; to have a perk test done by the Health Department in order to determine if present site is suitable for construction of a new building; and all cost figures are to be presented to the Finance Committee for approval before any work is to be done. REQUEST FROM SAM LEHMAN RE: ROAD NAME CHANGE - TABLED Mr. Owen explained that he had not had time to review this request, therefore he was asking that this be tabled. Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, the above request from Sam Lehman was tabled. FROM VALLE REGIONAL ENTERPRISES, INC. - 608 Mr. Owen explained that Valley Medical Transport has com- pleted its study for the installation of a base station at the Great North Mountain site. He further stated that at this time they are requesting permission to install a 40' tower at Great North Mountain. Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, the request by Regional Enterprises, Inc. to install a 40' tower was approved. DISCUSSION OF CORRESPONDENCE FROM THE LORD FAIRFAX PLANNING DISTRICT COMMISSION RE: CROSS JUNCTION POST OFFICE FACILITY Mr. Riley noted that no action was necessary, that this was for the Board's information. REQUEST FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION RE: TEMPORARY CLOSING OF ROUTES 608 AND 622 FOR ROAD REPAIRS - APPROVED Mr. Riley explained that the Highway Department was request - ing Board approval to temporarily close Routes 608 and 622 for road repairs. Upon motion made by W. Harrington Smith, Jr., seconded by Roger L. Crosen and passed unanimously, the above request to temporarily close Routes 608 and 622 for road repairs was approved. PUBLIC HEARING SCHOOL BOARD NOMINATIONS FROM SHAWNEE MAGISTERIAL DISTRICT Mr. Stiles stated that this section of the meeting is the public hearing on Mr. Smith's nomination to the School Board from Shawnee Magisterial District and asked if there was anyone present to speak. No one appeared before the Board. Mr. Smith's nominee, Nancy K. Walsh, was present. Mr. Stiles asked Mrs. Walsh if she had any comment at this time. Mrs. Walsh replied no. The Board will vote on this nomination at a Special meeting on June 25, 1990. 609 AN AMENDMENT TO THE FREDERICK COUNTY CODE CHAPTER 11 ARTICLE I ABANDONED, ETC. MOTOR VEHICLES, ETC.; SRCTTON 1 -7. AUTHORITY TO RESTRICT KEEPING OF INOPERATIVE Mr. Owen explained that it was felt this would be a tool to fight abandoned vehicles. Following discussion by the Board concerning some of the wording within this ordinance, Mr. Stiles asked that this be referred back to the Code and Ordinance Committee for further study. PLANNING COMMISSION BUSINESS PUBLIC HEARING AN AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 71. 7nNTNn- RRCTTON 3 -12. BUFFER AND SCREENING REOUIRE- - IL - 3.L HNU 3 - Y.I - siW-%Etb>e Mr. Watkins, Planning and Development Director, presented this ordinance amendment. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the above ordinance amendment was approved. A copy of these changes is on file in the Office of the County Administrator. AN AMENDMENT TO THE FREDERICK COUNTY CODE CHAPTER 131 anWTWP -. QWPMTnW 1 -17 _ RTTF1+RR Awn SCREF.NTNG REO Mr. Watkins presented this ordinance amendment. 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 21, ZONING; SECTION 3 -12, BUFFER AND SCREENING REQUIREMENTS; SECTION 3- 12 -4.6 TO READ AS FOLLOWS: 3- 12 -4.6 The Planning Commission may waive any or all of the requirements for the zoning district buffers on a particular site plan when all uses shown on the site plan are allowed in the zoning district in which the development is occurring and in the adjoining zoning districts. AN AMENDMENT TO THE FREDERICK COUNTY C ODE r CHAPTER 21 Mr. Watkins presented this ordinance amendment. 610 Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the following ordinance amendment was approved: AN AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 21 ZONING; SECTION 2 -6 AMENDMENTS; SECTION 2 -6 -3 TO READ AS FOLLOWS: 2 -6 -3 Should a request for a rezoning be disapproved by the Board of Supervisors, at least twelve (12) months shall expire before another application for rezoning of substantially the same land to the same zoning district designation shall be considered. A REVISED SCHEDULE OF DEVELOPMENT REVIEW FEES AS ALLOWED BY CHAPTER 18, SUBDIVISION ORDINANCE; AND CHAPTER 21, ZONING ORDINANCE OF THE FREDERICK COUNTY CODE - APPROVED Mr. Watkins presented this fee schedule. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the revised schedule of development review fees as allowed by Chapter 18, Subdivision Ordinance; and Chapter 21, Zoning Ordinance of the Frederick County Code was approved as submitted. A copy of this schedule is on file in the Office of the County Administrator. OTHER PLANNING ITEMS INTERGATE WITHDREW AS CO- APPLICANT ON MASTER DEVELOPMENT Mr. Riley stated that no action was necessary as this was for the Board's information. REVISION TO ABRAMS POINTE MASTER DEVELOPMENT PLAN - APPROVED Mr. Watkins presented this revised master development plan and stated that the Planning Commission recommended approval. No one was present on behalf of the applicant. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes and passed unanimously, the revised master development plan of Abrams Pointe was approved. VIRGINIA DEPARTMENT OF TRANSPORTATION'S SECONDARY ROAD BUDGET - APPROVED Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes and passed unanimously, the Virginia Department of Transportation's Secondary Road Budget in the amount of $2,029,819 was approved as presented. 611 ROAD RESOLUTION - STONEBROOK, SECTION X - APPROVED Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, the following resolution was approved: BE IT RESOLVED, That the Virginia Department of Transportation 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: Julie Court: (60' ROW) Section 10, Stonebrook Farms, from the intersection of Old Forest Circle to the cul -de -sac where the road ends containing a length of 0.07 miles and as described in Deed Book #646, Page 327, dated May 4, 1987. Katie Lane: (60' ROW) Section 10, Stonebrook Farms, from the intersection of Old Forest Circle to the cul -de -sac where the road ends containing a length of 0.15 miles and as described in Deed Book #493, Pages 168 & 169, dated April 11, 1978. Anne Glass Road: (60' ROW) Section 10, Stonebrook Farms, from the intersection of Old Forest Circle to the cul -de -sac containing 0.25 miles and as described in Deed Book #646, Page 326, dated May 4, 1987. Old Forest Circle: (60' ROW) Section 10, Stonebrook Farms, front the point of curvature North of Anne Glass Road to the end of State maintenance at a point of 112 feet North of the Southwest corner of lot 173 containing a length of 0.13 miles and as described in Deed Book #493, Page 166, dated April 11, 1978 and Deed Book #646, Page 326, dated May 4, 1987. AND BE IT FURTHER RESOLVED, That the Board does guarantee the Commonwealth of Virginia an unrestricted right -of -way of 60 feet as described in the above Deed Book and page numbers with necessary easements for cuts, fills and drainage. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Mr. Orndoff, Chairman of the Public Works Committee, presented the following report: The Public Works Committee met on Tuesday, June 5, 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 Old Landfill Lease Request - Approved The Committee discussed and recommends Board approval of a lease with Plane Crazy R /C'ers for a portion of the old landfill behind Perry Engineering. Several of the lease provisions will 61 � �c include a one year lease period, no rent and insurance coverage (see Attachment 1). Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Rhodes and passed unanimously, the above request was aproved. Abandoned Vehicle Program - Approved The Committee reviewed proposals for continuing this program and recommends a four year contract with Zuckerman Company. Citizens will receive $20 and Zuckerman will receive $30 for each vehicle picked up and demolished under this program. Upon motion made by Charles W. Orndoff, Sr., seconded by Dudley H. Rinker and passed unanimously, the above request was approved. Pistol Range Repairs and Trailer Purchases - Approved The Committee recommends approval of a supplemental appro- priation from contingency for the amount of $9,200 to the appro- priate line items to: 1. Repair the pistol range embankment ($4,200); and 2. Purchase the Bland's trailer next to the Sheriff's impound lot ($5,000). Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr. and passed unanimously, the above request was approved. Items for Information Only Drainage Easement Maintenance John Riley reported on problems with drainage easement main- tenance now that VDOT will not maintain same beyond 40 feet from road pavements. Staff was directed to develop guidelines and a cost estimate for contracting this work out. Pro -Lawn Request A request from Pro -Lawn to co- sponsor a radio ad aimed at recycling yard waste was rejected by the Committee because of possibly setting a precedent. Recycling Update Steve Owen advised that he will re -bid the recycled materials collection boxes for better terms. 61-3 Animal Shelter Policies The Committee approved new animal shelter and euthanasia policies as submitted by staff. LAW ENFORCEMENT AND COURTS COMMITTEE REPORT Mr. Crosen, Chairman of the Law Enforcement and Courts Committee, presented the following report: The Law Enforcement and Courts Committee met on Thursday, June 7, 1990, at 3:00 P.M. Present were Board members Roger L. Crosen and W. Harrington Smith, Jr.; Committee members Larry P. Coverstone and Charles R. McIlwee; Assistant County Admini- strator Stephen F. Owen; Sheriff Charles L. Sturdivant; Major John E. Liggett; Lieutenant Gilbert D. Barrington and Admini- strative Assistant Angela S. Newlin. Anti -Drug Abuse Act Funding - No Action Necessary Roger Crosen explained that the County's grant application had not been funded and that the Jail Board had already elected not to fund this position from local funds. Road Deputy Request - Approved Additional State funding ($38,089) for law enforcement personnel costs and a request from the Sheriff for two new deputies were discussed. The Committee recommends approval of hiring one new deputy, but no new vehicle, at an approximate cost of $29,757 and a transfer of the remaining $8,332 in State funds to the Sheriff's Department overtime line item in the FY 1990 -1991 budget. Upon motion made by Roger L. Crosen, seconded by W. Harrington Smith, Jr. and passed unanimously, the above recom- mendation was approved. FINANCE COMMITTEE REPORT Mr. Rhodes, Chairman of the Finance Committee, presented the following report: Due to the fact that Dr. Beck was present to discuss item number 6 with the Board, that item was moved forward to be discussed first. 614 The Finance Committee met on June 6, 1990, at 1:30 P.M., in the Conference Room of the County Courthouse. All members were present. The following require Board action: Request from the Lord Fairfax Community College for Funding in the Amount of $31,816 - Approved As a result of FY 1990's request of $110,222 for capital improvements, of which $78,406 was approved and funded by the County, Lord Fairfax Community College is requesting the remain- ing balance of $31,816. The Committee recommends denial. See attached letter. Dr. Beck appeared before the Board and explained that the $31,816 is a one time capital expenditure for a new library and this was not to be included in the annual amount donated to the College. Mr. Riley explained this was an error on the County's part and not the College. Upon motion made by Robert M. Rhodes and seconded by Dudley H. Rinker, to approve the request of Lord Fairfax Community College for funding in the amount of $31,816. The above motion was approved by the following recorded vote: Aye - Kenneth Y. Stiles, Robert M. Rhodes, Dudley H. Rinker, W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Nay - Roger L. Crosen. from the Commissioner of the Revenue for a n the Amount of $1,434.45 - Appr The Commissioner of the Revenue requests a refund for over- payment in the amount of $1,434.45 to Central Farm and Family. The Committee recommends approval and further requests addition- al information from the Commissioner of the Revenue. See attached memo. Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, the above recommendation was approved. Request from the Director of Planning and Development for a General Fund Supplemental Appropriation in the Amount of $75,000.00 - Approved 615 The Director of Planning requests a General Fund supple- mental appropriation of $75,000.00 for engineering design related to road improvements on Route 642 (Macedonia Church Road). The Committee recommends approval. These fees will in turn be billed to the developers. See attached memo. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. equest from the Director of Division of Court Services or a Sup plemental Appropriation in the Amount of ove The Director of Court Services requests a supplemental appropriation of $15,000 for computer equipment and printers. No additional local funds are needed. The Committee recommends approval and that this is not to come from Fund Balance, it is to come from Operational Surplus. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. Request from the School Finance Director for a School Fund Appropriation Transfer in t h e Amount of $1,369 - The School Finance Director requests a School Fund appro- priation transfer of $1,369 for furniture and equipment for Special Education. No additional local funds are needed. The Committee recommends approval. See attached memo. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. equest from the Shawneeland Sanitary Distr Manager or a Supplemental Appropriation in the Amount of 100.000.00 - Approved The Sanitary District Manager requests a supplemental appro- priation of $100,000.00 for road maintenance in Shawneeland. The Committee recommends approval. No local funds are required. See attached memo. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. 616 t from the Deputy Director of Planning and ment for a FY90 -91 General Fund Supplemen riation in the Amount of $3.260 - ADoroved The Deputy Planning Director is requesting a FY 90 -91 General Fund supplemental appropriation of $3,260 for an archeological survey. The Committee recommends approval. See attached memo. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. uest from the County Administrator for Authorization Reserve $293,000 from the General Fund Balance Re: enue Sharina Proaram. Route 642 Proiect - ADDroved The County Administrator requests authorization to reserve $293,000 from the General Fund Balance to comply with the State's requirement to show good faith on behalf of the County for the revenue sharing money earmarked for the 642 road project. Additionally requested is the FY 90 -91 General Fund appropria- tion of the same. The process involves the collection of these funds from developers and disbursement to the State. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. APPROPRIATION OF BACK CREEK RECREATIONAL IMPACT FEES FOR GORE SCHOOL - APPROVED Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, an appropriation transfer in the amount of $20,000 of Back Creek recreational impact fees for the Gore School playground was approved. COUNTY BANKING SERVICES CONTRACT - APPROVED Upon motion made by Dudley H. Rinker and seconded by Robert M. Rhodes, to award the contract for banking services to Farmers and Merchants Bank as their bid was most cost effective for the County. The above motion was passed by the following recorded vote: Aye - Kenneth Y. Stiles, Robert M. Rhodes, Dudley H. Rinker, W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Abstaining - 61-7 Mr. Roger L. Crosen due to the fact that his employer, First American Bank, was involved in the bid process. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, ;LS RDERED THAT THE BOARD OF SUPERVISORS ADJOURN. h irman, Bo r of Supervisors CL rk, Board f Sup rvisors