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April 12, 1989 Regular MeetingA Regular Meeting of the Frederick County Board of Super- visors was held on April 12, 1989, 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. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by the Reverend Thomas Berlin of the Brucetown - Welltown United Methodist Church. ADOPTION OF AGENDA Mr. Riley requested that the following items be added: 1. Finance Committee Report moved to after the vote on the budget. 2. Approval of Grant for Federal Prosecutor. 3. Approval of Annual Work Programs. Mr. Smith stated that he had a resolution. Upon motion made by Dudley H. Rinker, seconded by Charles W. Orndoff, Sr. and passed unanimously, the Agenda was adopted as amended. 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 February 22, 1989 were approved as submitted. NED M. CLELAND APPOINTED TO THE SANITATION AUTHORITY Upon motion made by Roger L. Crosen, seconded by W. Harrington Smith, Jr. and passed unanimously, Ned M. Cleland was appointed to the Sanitation Authority, said term to commence on April 15, 1989 and expire on April 15, 1993. JOHN E. VENSKOSKE, SR., MARY JANE LIGHT AND RAY E. EWING APPOINTED TO THE HISTORIC RESOURCES BOARD Mr. Crosen nominated Mr. John Venskoske, Sr., Mr. Rinker nominated Mr. Ray E. Ewing and Mr. Orndoff nominated Mrs. Mary Jane Light to serve on the Historic Resources Board. The Board unanimously approved the above nominations. 226 Mr. Rhodes and Mr. Smith will have their nominations at the next Board meeting. APPOINTMENTS MADE TO THE 20 TASKFORCE Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr., and passed unanimously, the following individuals were appointed to the newly created City- County 2020 Taskforce: Ashley B. Purslow - Stonewall District Lauwana Boher - Gainesboro District Robert A. Morris - Shawnee District John J. Kronenberger - Shawnee District Linda B. Caley - Shawnee District Frank A. Spurr, Jr. - Gainesboro District Langdon Gordon - Shawnee District Sharon S. Wonn - Gainesboro District Kathleen Stadler - (Home Economist, Frederick County) James A. Stronsider - Gainesboro District? Michael A. Ewing - Opequon District David W Orndorff - Opequon District Robert B. Johnson - Stonewall District Catherine L. Lloyd, Secretary, National Association of Retired Employees Michael J. Janow - Opequon District Barbara VanOsten - Back Creek District William I. Whiddon - Back Creek( ?) Kimberly McDonald Ginn, Realtor (Wentworth Drive) Walter C. Cunningham - Shawnee District The following Members of the Lord Fairfax Child Care Task Force: Dorothy Brewer Paulette Jennis Ron Ludwick Gwen Mandel Charles Montoya Kathleen Stadler Nancy Thompson The following names were submitted by the Winchester Business and Professional Women: Anna Argengright, Retired Federal Employee Dorothy Brewer, Vocational Director Natalie Cather, CPA Linda Clemmer, Programmer Edith Elliott, Associate Professor Janet Elsea, Insurance Representative Joan Funkhouser, Programmer Mary Maher, Date Entry Betty Jo Parker, Programmer Supervisors Brenda Strosnider, Management Analyst CERTIFICATE OF APPRECIATION PRESENTED TO FRANK BRUMBACK Mr. Stiles presented a Certificate of Appreciation to Mr. Frank Brumback for his many years of service to the County as a member and Chairman of the Planning Commission. Mr. Brumback was present to accept his certificate. CERTIFICATE OF APPRECIATION PRESENTED TO BILL NETHERS 227 Mr. Stiles read a Certificate of Appreciation to Bill Nethers for his years of service on the Community Corrections Resources Board. Mr. Nethers was not present. CONTRACT FOR GENERAL REASSESSMENT AWARDED TO BLUE RIDGE APPRAISAL COMPANY Mr. Riley explained that the County had gone to bid for the next General Reassessment and that Blue Ridge Appraisal Service from Staunton was the successful bidder. Mr. Hickey, representative of Blue Ridge Appraisal Company, was present and told the Board he was pleased to have been award- ed the job and looked forward to working with the County and that the reassessment should be completed by January 1, 1991. The cost for this reassessment is not to exceed $231,000. FROM THE VIRGINIA DEPAR TMENT OF TRANSPORTATION Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the following letter is to be mailed to Gerald E. Fisher of the Department of Transportation: April 14, 1989 Gerald E. Fisher State Secondary Roads Engineer Virginia Department of Transportation 1401 East Broad Street Richmond, VA 23219 Re: County Primary and Secondary Fund (Revenue Sharing Program) Fiscal Year 1989 -1990 County of Frederick Dear Mr. Fisher: The County of Frederick, Virginia, indicates by this letter its official intent to participate in the "Revenue Sharing Program" for Fiscal Year 1989 -1990, pursuant to the provisions of §33.1 -75.1 of the Code of Virginia. The County will provide $500,000 for this program, to be matched on a dollar for dollar basis from funds of the State of Virginia. _ The County will work with its Resident Engineer to develop and submit by May 15, 1989, a list of one or more improvement projects to be undertaken with these funds. The County also understands that the program will be reduced on a pro -rata basis if more than $5,000,000 of State funds is requested Statewide. Sincerely, Kenneth Y. Stiles Chairman, Board of Supervisors KYS /tip cc: Resident Engineer Mr. Stiles explained that these funds would be used for Route 642, Macadonia Church Road, and that most of the property owners have been contacted concerning this project. COUNTY OFFICES TO CLOSE IN OBSERVANCE OF THE ANNUAL APPLE B LOSSOM FESTIVAL Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes and passed unanimously, all County offices will close on Friday, May 5, in observance of the annual Apple Blossom Festival. PAUL JONES APPOINTED TO THE PRIVATE INDUSTRY COUNCIL Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, Paul Jones, from Clarke County, was appointed to serve on the Private Industry Council. GRANT FOR SPECIAL PROSECUTOR APPROVED Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, funds in the amount of $60,307 were approved for the office of the Special Prosecutor. BOARD MEMBER HARRINGTON SMITH READ LETTER OF RECOGNITION FOR COUNTY DEPUTY TOKACH FROM CROWN, CORK AND SEAL Mr. Smith read a letter of thanks and gratitude received from Crown, Cork and Seal for Deputy Tokach for his presentation to their employees on their Drug and Alcohol Awareness Program held on March 9. FISCAL YEAR 1989 -1990 BUDGET - APPROVED Mr. Riley read the following resolution: WHEREAS, a notice of public hearing and budget synopsis has been published and a public hearing held on March 22, 1989, in accordance with Title 15.1 Chapter 4, Section 15.1 -162, of the Code of Virginia, 1950, as amended, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Frederick, Virginia, that the budget for the 1989 -1990 fiscal year as advertised in the Winchester Evening Star on March 10, 1989, as amended be hereby approved in the amount of $61,592,235.00 and that appropriations in the amount of $61,592,235.00 be hereby authorized for the 1989 -1990 fiscal year and, BE IT FURTHER RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, does herein adopt the tax rate for the 1989 assessment year at a rate of 66¢ to be 229 applied to real estate, the rate of $4.25 to be applied to personal property, the rate of $4.00 to be applied to merchants capital, and the rate of $4.25 to be applied to machinery and tools and, BE IT FURTHER RESOLVED, that appropriations are hereby authorized for the central stores fund, special welfare fund, health insurance fund and unemployment compensation fund equal to the total cash balance on hand at July 1, 1989, plus the total amount of receipts for the fiscal year 1989 -1990. Mr. Riley read the following Budget Resolution amendments: _ 1. The School and the local government agreed upon an additional School Operating Fund appropriation of $553,058. You will find attached a summary of the general categories of the School operating budget affected by the agreement. The follow- ing details the funding sources. Carry -over funds 88 -89 (School Fund) $148,885 Carry -over funds 88 -89 (General Fund) 204,173 Additional local revenue 200,000 553,058 These adjustments are incorporated in the attached budget resolution. 2. The Finance Committee recommended that local government participate in the Lord Fairfax Planning District at the cost of $14,272. This amount was omitted from the newspaper ad and needs approval at final action. This amount is included in the budget resolution. Funding is from unallocated surplus. The above was denied by the following recorded vote: Aye - Robert M. Rhodes, Dudley H. Rinker and Charles W. Orndoff, Sr. Nay - Kenneth Y. Stiles, Roger L. Crosen and W. Harrington Smith, Jr. 3. The Finance Committee recommends that the County appropriate $23,229 additional funds for Northwestern Community Services in order to maintain our present level of funding. This amount is included in the budget resolution with funding from unallocated surplus. See attached. 4. The attached budget resolution sets the County Fiscal Year Budget at $61,592,235. Any additional appropriations approved at the April 12, 1989 Board of Supervisors meeting will not increase the total budget unless they are a result of new revenues. Mr. Smith stated that he felt the $3,700 should be restored for Freemont Day Nursery as there are County residents that attend. Upon " motion made by W. Harrington Smith, Jr. and seconded by Roger L. Crosen, to approve $3,700 being restored for the Freemont Day Nursery. The above was denied by the following recorded vote: Aye - Kenneth Y. Stiles, Roger L. Crosen and W. Harrington Smith, Jr. Nay - Robert M. Rhodes, Dudley H. Rinker and Charles W. Orndoff, Sr. 230 Mr. Smith then moved to make it $3,500. Mr. Orndoff asked if the funds were available. Mr. Riley replied yes. Mr. Rinker stated that the Finance Committee felt if they fund one, then they would have to fund them all. Upon motion made by W. Harrington Smith, Jr. and seconded by Roger L. Crosen, to approve funding Freemont Nursery at 3,500. The above was approved by the following recorded vote: Aye - Kenneth Y. Stiles, Roger L. Crosen, W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Nay - Robert M. Rhodes and Dudley H. Rinker. Mr. Smith stated that the section of the budget dealing with the three paid firemen has stuck in his crawl as he thought after meeting with the firemen that the County was prepared to fund seven paid firemen and now that has been reduced to three positions, and the thing that really concerned him is that this is a case of need and not want and for that reason he could not vote in favor of this budget. Mr. Stiles stated that this budget has brought varying opinions from Board members, more than in past years. He further explained that this would be the second tax increase in six years. He further stated that one lesson that has been clear this year is that the tax base has to be broadened prior to next year's budget cycle and that the increase in reassess- ment will defintely help. Upon motion made by Dudley H. Rinker and seconded by Charles W. Orndoff, Sr., to approve the above resolution for the 1989 -1990 budget. The above was passed by the following recorded vote: Aye - Kenneth Y. Stiles, Robert M. Rhodes, Dudley H. Rinker, Roger L. Crosen and Charles W. Orndoff, Sr. Nay - W. Harrington Smith, Jr. FINANCE COMMITTE REPORT Mr. Rhodes, Chairman of the Finance Committee, presented the following report: 231 The Finance Committee met on Wednesday, April 5, 1989. All members except for Carl Fryling were present: The following items require Board action for fiscal year �Z :�:IIiL•7:L'71 uest from the School Finance Director for a rating Fund Appropriation Transfers in the Q R _ Aqn - Dann n%TaA The School Finance Director is requesting School Operating Fund appropriation transfers in the amount of $95,450 for FY 1988 -1989. See attached memo. The Finance Committee recommends approval. It was noted that the School is to proceed with ordering computers, however the Board felt they needed additional informa- tion concerning this request. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. Request from the School Finance Director for a Sch Operatinq Fund Supplemental Appropriation in the Amount The School Finance Director is requesting a School Operat- ing Fund supplemental appropriation for FY 1988 -1989 in the amount of $16,066.58. See attached memo. The request reflects additional State funds received. The Finance Committee recom- mends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. Request from the School Finance Director for a School Operating Fund Budget Reduction in the Amount of 54,173 and a Supplemental Appropriation in the Same Amount - Anuroved Earlier The School Finance Director is requesting a School Operat- ing Fund budget reduction for FY 1989 -1990 in the amount of $54,173 and a supplemental appropriation for FY 1988 -1989 in the same amount for purchase of computer equipment. See attached memo. The Finance Committee recommends approval. This was approved earlier. equest from the Director of Division of Court Service or a Court Services Fund Supplemental Appropriation n the Amount o 13,000 - Approved The Director of Division of Court Services is requesting a FY 1988 -1989 Court Services Fund supplemental appropriation in 23 the amount of $13,000 for the purchase of an automobile. No local funds are required. see attached memo. The Finance Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. Request from the Assistant Finance Direc for a General Fund Supplemental Appropriation in the Amo of 3,09 6.64 and a Division of Court Services Fund Supplemental Annronriation of 4,550 - Approved The Assistant Finance Director is requesting a FY 1988 -1989 General Fund supplemental appropriation in the amount of $3,096.64 and a Division of Court Services Fund supplemental appropriation of $4,550 for repair of vehicles. The funds are insurance reimbursements and require no additional local funds. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. st from the Sheriff's Department for a Gene Fund priation Transfer from Contingency in the Amount .000 - Approved The Sheriff's Department is requesting a General Fund appro- priation transfer from contingency in the amount of $5,000 for investigative purposes. A General Fund appropriation transfer from contingency for alterations to building is also requested in the amount of $8,500. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. Request from the Personnel Director for a General Fund Appropriation Transfer from Contingency in the Amount of $2,000 - Approved The Personnel Director is requesting a General Fund appro- priation transfer from contingency in the amount of $2,000 for advertising expenses. 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 was approved. Request from Parks and Recreation for a General Fund Supplemental Appropriation in the Amount of $2,000 - Parks and Recreation is requesting a General Fund supple- mental appropriation in the amount of $2,000. These funds have 233 been donated by local clubs for the purpose of parks and recrea- tion. See attached. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. t from Parks and Recreation for a General Fund riation Transfer in the Current Budget for Swi xpenditures in the Amount of $21,353 - Approve Parks and Recreation is requesting a General Fund appropria- tion transfer in the current budget for swimming pool expendi- tures in the amount of $21,353. They acknowledge that the same amount of funding can be eliminated from the FY 1989 -1990 budget. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. Request from the Sanitary District Manager for an Appropriation of Surplus Funds for the Purchase of a Dump Truck - Approved The Sanitary District Manager is requesting an appropria- tion of surplus funds in the Sanitary District Fund for the purchase of a dump truck. See attached. This item has not been advertised for bid at this time. The Committee recommends 11 approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. DEPARTMENTAL ANNUAL WORK PROGRAMS - APPROVED Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes and passed unanimously, the annual Departmental Work Programs were approved. VIRGINIA EMPLOYMENT COMMISSION'S PLAN FOR SERVICE FOR DELIVERY AREA IV FOR 198 - APPROVED Mr. Gene Schultz, Manager of the Virginia Employment Commission's local office, was present on behalf of this request. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the Virginia Employment Commission's Plan for Service for Delivery Area IV for 1989 was approved. SHENANDOAH VALLEY PRIVATE INDUSTRY COUNCIL PROGRAM YEAR 1989 PLAN - APPROVED 234 Ms. Mary Reed, representing the Private Industry Council, appeared before the Board and gave a brief summary of the activities planned for the coming year and also a count on how many Frederick County citizens would be participating in these programs. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the Shenandoah Valley Private Industry Council's Plan of Service for 1989 was approved. RESOLUTION FOR THE 1989 ANNUAL PREALLOCATION HEARING - VIRGINIA DEPARTMENT OF TRANSPORTATION - APPROVED Mr. Watkins, Planning and Development Director, presented the following resolution: WHEREAS, the Frederick County Transportation Committee, Planning Commission, and Board of Supervisors have prioritized primary road improvement projects for the County of Frederick: NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of Supervisors that the following priority list for primary road improvement projects is hereby adopted: Route 522 North (West of Winchester) From: West Virginia State Line To: Route 127 (near Cross Junction) Proceed with four lane improvements as scheduled Route 522 South (East of Winchester) From: Route 50/17 East Intersection To: Route 277 East Intersection (North of Double Toll Gate) Improve to four lanes and provide intersection improvements as necessary to coordinate with Route 37 extension and Route 277 improvements. Eastern By- Pass /Loop From: Route 37 North at Stephenson To: Route 37 South at Kernstown Plan, engineer, and acquire necessary right -of -way East of the existing Greenwood Road corridor (Route 656) to provide future improved North -South access East of Winchester. This should be studied separately and as part of the Winchester thoroughfare plan process. A. Route 37 (South of Winchester) to Route 522 South From: I- 81/11/37/642 Intersection, South of Winchester To: Route 522 South Plan for and acquire right -of -way to extend Route 37 as a limited access, four lane improvement to Route 522 South (North of Route 642 and South of Route 644) and to Route 50 East. B. Route 37 (East of Winchester) to Route 7 East From: I- 81/11N/37/661 Intersection To: Route 7 East 235 Plan for and acquire right -of -way to extend Route 37 as a limited access, four lane improvement to Route 7 East. C. Route 37 (East of Winchester) to Route 50 East From: Planned Route 37 extension at Route 522 South To: Route 50 East D. Route 37 (East of Winchester) Between Routes 50 and 522 From: Planned Route 37 extension at Route 7 East and 522 South To: Route 50 East /Route 7 East Improve Major Intersections Conduct improvement studies and improve existing major primary road intersections to be improved along with planned primary roads. Intersection improvements include: - -I -81/11 North /37/661 Intersection (North of Winchester) - -I -81/11 South /37 Intersection (South of Winchester) - -I -81/50 & 17/522 Intersection (East of Winchester) - -I -81/7 East Intersection (East of Winchester) -- 37/522 North Intersection (West of Winchester) - -37/50 West Intersection (West of Winchester) Route 277 (East of Stephens City) From: I -81 Intersection To: Route 340/522 Intersection (East of Double Toll Gate) Improve the existing two lane road facility by widening and strengthening immediately. II Conduct detailed studies to determine future needs for four lane improvements. Route 11 (North and South of Winchester) A. Route 11 South From: Middle Road To: 37 Interchange Widen and improve to five lanes B. Route 11 North From: Winchester City Limits To: 37 Intersection Widen and improve as necessary I -81 (East of Winchester) From: Interchange #82 Stephenson) To: Interchange #79 (Kernstown) Study to improve to six lanes between the Winchester exits if necessary after Route 37 is extended East around Winchester. BE IT FURTHER RESOLVED, that a copy of this resolution and project map be transmitted to the Virginia Department of Transportation at the Pre - Allocation Hearing to be held on April 14, 1989, in Staunton, Virginia. Passed this 12th day of April, 1989. Mr. Rinker requested that item number 7, Interchange #79 (Kernstown) be extended to Stephens City. 206 Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the above resolution was approved as amended. PUBLIC HEARING ABANDONMENT OF THE OPEQUON FORD CROSSING ON ROUTE 664 AT THE FREDERICK CLARKE COUNTY LINE - APPROVED Mr. John Roberts, resident of this area, appeared before the Board in favor of having this ford closed. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the above was approved. BONDING TO FINANCE THE PUR CHASE OF EQUIPMENT THROUGH Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Rhodes and passed unanimously, the above bonding was approved in an amount not to exceed $97,066.58. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 6, BUILDINGS; BY THE ADDITION OF ARTICLE V, TRADESMEN CERTIFICATION - TABLED Mr. Steve Owen, Assistant County Administrator, presented this ordinance amendment and introduced Mr. Daniel P. Alterescu, Certification Supervisor with the Department of Housing and Community Development. Mr. Alterescu explained that all homeowners would be exempt. Mr. Stiles asked about the homeowners that wanted to bring in their friends to assist them with building their home. Mr. Alterescu replied that was fine, the homeowners would be responsible. Mr. Crosen stated that he had some problem with the wording with regard to the time allowed in order for an individual to become qualified. Mr. Alterescu explained that this decision is really up to the jurisdiction. Mr. Stiles asked if this is approved, will any additional staff be needed. Mr. Riley replied that his understanding is no. Mr. Smith stated that it was the "grey area" in this ordinance that concerned him. 237 Mr. Rinker asked if the $10 fee was a one time fee. Mr. Alterescu replied that was up to the jurisdiction. Mr. Dwayne Bean appeared before the Board and asked if this was a Statewide testing. Mr. Stiles replied yes. Mr. Tim Sargeant, County resident, appeared before the Board and stated that he had been an electrician for seventeen years and it concerned him about others that were good electricians but would have problems passing this test because of their ability to read and write. Mr. John Dick, Partner, Miller and Anderson, addressed the Board endorsing this program as he felt the public needed this protection. He explained what is needed as far as schooling and where this schooling is provided. Mr. Mark Kline, Building Inspector, City of Winchester, endorsed this program as the City has had it for some time. Mr. Crosen stated that he felt there are some individuals that should not be in business and felt this ordinance would help to eliminate this. Mr. Stiles explained that he had some concerns, that he didn't think the County needed to license people to work. The Board discussed this issue at great length, the pros and cons, without making a definite decision, so Mr. Crosen moved that it be tabled for thirty days. The Board concurred. AN ORDINANCE TO AMEND THE FRE DERICK COUNTY CODE IENT Upon motion made by Charles W. Orndoff, Sr., seconded by Dudley H. Rinker and passed unanimously, the above ordinance amendment was approved. PLANNING COMMISSION BUSINESS PUBLIC HEARING REZONING REQUEST #001 -88 OF ADD PARTNE - PM Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, rezoning request number 001 -88 of ADD Partnership was tabled. REZONING REQUEST #002 -89 OF RICHARD B. HAYMAKER - SHAWNEE MAGIS TERIAL DISTRICT - TABLED Mr. Watkins presented this request and stated that the Plan- ning Commission recommended denial. Mr. Haymaker was present on behalf of his request. The Board had concerns about the closest water supply. Mr. Haymaker explained that there is a spring fed pond on the site. Mr. Stiles explained that he felt this request should be tabled for further study. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes and passed unanimously, rezoning request number 002 -89 of Richard B. Haymaker was tabled for ninety days. REZONING REQUEST #003 -89 OF SWAGLER H. KOONCE, II - BACK CREEK DISTRICT - TABLED Rezoning request number 003 -89 of Swagler H. Koonce, II was tabled for ninety days. REZONING REQUEST #004 -89 OF SOUTHERN FASTENER COMPANY, INC. - SHAWNEE MAGISTERIAL DISTRICT - APPROVED Mr.. Watkins presented this request and stated that the Plan- ning Commission recommended approval. Mr. Mike Frazier, President of Southern Fastener Company, was present on behalf of his request. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes and passed unanimously, rezoning request #004 -89 of Southern Fastener Company, Inc. 6109 Frontier Drive, Springfield, Virginia to rezone a half acre from B -2 (Business - General) to B -3 (Industrial Transition) for an office warehouse was approved. This property is located at 2030 Garber Road in Winchester and is identified as Parcel 1A on Tax Map 64B in the Shawnee Magisterial District. CONDITIONAL USE PERMIT 0002 -89 OF THOMAS J. GILLISPIE - OPEQUON MA GISTERIAL DISTRICT - APPROVED Mr. Watkins presented this request and stated that the Plan- ning Commission recommended approval with conditions. 239 Mr. Steve Melnikoff was present on behalf of this request. Upon motion made by Dudley H. Rinker, seconded by Charles W. Orndoff, Sr. and passed unanimously, conditional use permit number 002 -89 of Thomas J. Gillispie, Route 1, Box 77, White Post, Virginia, for auto repairs was approved. This property is located on Route 522 South and is identified as Parcel 9 on Tax Map 94A in the Opequon Magisterial District. CANCELLATION OF CONDITIONAL USE PERMIT #012 -83 OF JAMES LOFTON - OPEQUON MAGISTERIAL DISTRICT - APP The Board discussed at great length what had happened with this conditional use permit during the last year with Mr. Lofton and his son, Gary Lofton. Adjoining neighbors, Mr. William C. Madigan and Mr. Willis Shell were present and are very opposed to this permit being renewed. It was the consensus of the Board that the biggest problem with this request is that it is an ongoing family feud which of course the Board cannot become involved in, but have asked all parties to try to resolve their differences with regard to this conditional use permit. Mr. Rinker moved for approval for renewal for one year with two additional conditions: 1. Operation of business hours - Monday through Friday from 9:00 A.M. - 6:00 P.M. Saturday from 8:00 A.M. - 3:00 P.M. No Sunday hours of operation. 2. Sign to be erected along Route 277 that will indicate whether the business is open or closed. 3. No trucks over 1 1/2 ton be permitted except for making deliveries. Mr. Smith stated that he felt the condition concerning the truck size should be eliminated. The above conditional use permit was approved for one year renewal with the conditions as stated above and the truck size condition was eliminated. The vote was as follows: Aye - Kenneth Y. Stiles, Robert M. Rhodes, Roger L. Crosen, W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Nay - Dudley H. Rinker. CANCELLATION OF CONDITIONAL USE PERMIT #019 -87 OF JANE 240 G. SULLIVAN - SHAWNEE MAGISTERIAL DISTRICT - TABLED It was the consensus of the Board to table the cancellation of the above conditional use permit. ORDINANCE AMENDMENTS AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING; ARTICLE IV, MAST DEVELOPMENT PLAN, ADDING 1:C Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes and passed unanimously, the following Ordinance amendment was approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING; ARTICLE IV, MASTER DEVELOPMENT PLAN, ADDING TO SECTIONS 6 -2 -1, 6 -3 -1 AND 6 -5 -3 TO READ AS FOLLOWS: 6 -2 A preliminary master development plan and a final master development plan shall be submitted to the Director of Planning and Development for Planning Commission and Board of Supervisors approval prior to any subdivision or development of property in any of the following zoning districts: RP, Residential Performance R4, Residential, Planned Community District R5, Residential, Recreational Community District MH -1, Mobile Home District B -1, Business Neighborhood District B -2, Business General District B -3, Industrial Transition District 13-4, Business, Shopping Center District M -1 Light Industrial District M -2, Industrial General District The master development plan shall at least include all contiguous land under single or common ownership in the above zoning districts. 6 -3 WAIVER OF MASTER DEVELOPMENT PLAN REQUIREMENTS 6 -3 -1 RP, R -4, R -5, and MH -1 Districts - The Director of Planning and Development may waive the requirement of a MDP in the Residential Performance District, the Residential Planned Community District, the Residential Recreational Community District, and the Mobile Home Community District. 6 -5 -3 Contents of a preliminary master development plan in the Residential Performance District, Residential Planned Community District, the Residential Recreational Community District, and the Mobile Home Community District. AN ORDINANCE TO AM END THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING; ARTICLE VI, MASTER DEVELOPMENT PLAN; ADDING SECTION 6 -8 TO ALLOW THE BOARD OF SUPERVISORS TO ESTABLISH A FEE SCHEDULE FOR MASTER DEVELOPMENT PLAN REVIEW COSTS - APPROVED 241 Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the following Ordinance amendment was approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING; ARTICLE VI, MASTER DEVELOPMENT PLAN; ADDING SECTION 6 -8 TO ESTABLISH A FEE SCHEDULE FOR MASTER DEVELOPMENT PLAN REVIEW COSTS TO READ AS FOLLOWS: 6 -8 MASTER DEVELOPMENT PLAN REVIEW FEES The Board of Supervisors may adopt a schedule of fees to be paid by the applicant to the County for the costs associated with the review of the master development plan. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING: ARTICLE I, IN GENERAL: SECTION 1-5-1.2 TO OF Upon motion made by Roger L. Crosen, seconded by W. Harrington Smith, Jr. and passed unanimously, the following ordinance amendment was approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING; ARTICLE I, IN GENERAL; SECTION 1 -5 -1.2 TO READ AS FOLLOWS: 1 -5 -1.2 Every petition of application or reapplication for rezoning shall be accompanied by a fee as established by a fee schedule separately adopted by the Board of Supervisors. This fee shall be intended to cover the costs and expenses associated with the processing and review of the petition or application or reapplication. Every application or reapplication shall be signed by the landowner and applicant (if the applicant is not the landowner). AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the following Ordinance amendment was approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 18, SUBDIVISION ORDINANCE; ARTICLE I, IN GENERAL; SECTION 1 -9 TO READ AS FOLLOWS: 1 -9 The Board of Supervisors may adopt a schedule of fees to be paid by the subdivider to the County for the costs associated with the review of the subdivision. SCHEDULE OF FEES FOR DEVELOPMENT REVIEW COSTS WITH AMENDMENTS TO THE FEES FOR REZONINGS, MASTER DEVELOPMENT PLANS, SITE PLANS AND SUBDIVISIONS - APPROVED Upon motion made by Robert M. Rhodes and seconded by W. Harrington Smith, Jr., to approve the following schedule of fees: [�j j f/ Rezoning: (Now $100 plus $1.00 /acre) $350.00 plus $25.00 /acre plus engineering costs* Master Development Plan: (Now no charge) $700.00 plus $25.00 /acre plus engineering costs* Subdivisions: (Now $25.00 plus $1.00 per lot) $250.00 plus $35.00 per lot plus engineering costs* Site Plans: (Now no charge) $300.00 plus $10.00 per acre plus engineering costs* Conditional Use Permit: (Unchanged) $75.00 Variance: (Unchanged) $45.00 Soil Erosion and Sedimentation Control Plan (Not Part of Site or Subdivision Plan - Land Disturbance Permit) (Current charge plus engineering) $25.00 plus $1.00 per acre plus engineering costs* * We use a consultant engineer to review plans who bills us for each plan. We will charge the applicant for the specific cost of engineering review. The above was approved by the following recorded vote: Aye - Kenneth Y. Stiles, Robert M. Rhodes, Roger L. Crosen, W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Nay - Dudley H. Rinker. OTHER PLANNING ITEMS REVISED PRELIMINARY MASTER DEVELOPMENT PLAN OF HAMPTON CHASE - APPROVED Mr. Watkins presented this request and stated that the Planning Commission recommended approval. Mr. Chuck Maddox, Engineer, was present on behalf of the petitioner. Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Rhodes and passed unanimously, the revised preliminary master development plan of Hampton Chase was approved. ROAD RESOLUTION - LAKESIDE DEVELOPMENT - 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 Transportation is hereby requested to add the following roads to 243 the Secondary System of Frederick County pursuant to Section 33.1 -229 of the Code of Virginia, 1950, as amended: Aspen Drive (60' right -of -way) The Village at Lakeside - Section II -A and Lakeside Estates - Section II, 324.23' (0.06 mile); from 40' (0.01 mile) Northeast of the intersection with Route 1082 (Willow Oak Circle) to the intersection of Somerset Drive, as described in Deed Book 621, Page 787, Dated July 18, 1986 and Deed Book 407, Page 575, Dated April 27, 1973. Somerset Drive (50' right -of -way) The Village at Lakeside - Sections II -A, IV, V and Lakewood Manor - Section I. 1,732.76' (0.33 mile); from the intersection with Rosedale Drive to 40' (0.01 mile) Northwest of the intersection with Summerlake Drive, as described in Deed Book 621, Page 787, Dated July 18, 1986; Deed Book 637, Page 830, Dated January 27, 1987; Deed Book 637, Page 835, Dated January 27, 1987; Deed Book 649, Page 671, Dated July 1, 1987; Deed Book 652, Page 522, Dated July 1, 1987 and Deed Book 621, Page 807, Dated July 18, 1986. Hackberry Drive (50' right -of -way) The Village at Lakeside - Sections I. II -A, III, IV, 2 (0.51 mile); from the intersection with Chinkapin Drive to 217.88' (0.04 mile) West of the intersection with Butternut Drive, as described in Deed Book 597, Page 59, Dated July 11, 1985; Deed Book 621, Page 787, Dated July 18, 1986; Deed Book 627, Page 785, Dated September 25, 1986; Deed Book 637, Page 830, Dated January 27, 1987 and Deed Book 637, Page 835, Dated January 27, 1987. Lakeview Court: (50' right -of -way) The Village at Lakeside - Section II -A, 311.79' (0.06 mile); from the intersection with Hackberry Drive to 311.79' (0.06 mile) Southeast of the intersection with Hackberry Drive (cul -de -sac), as described in Deed Book 621, Page 787, Dated July 18, 1986. Crystal Lake Court (50' right -of -way) The Village at Lakeside - Section III, 438.34' (0.08 mile); from the intersection of Hackberry Drive to 438.34' (0.08 mile) East of the intersection of Hackberry Drive (cul -de -sac), as described in Deed Book 627, Page 785, Dated September 25, 1986. Sugar Creek Court (50' right -of -way) The Village at Lakeside - Section III, 239.71' (0.05 mile); from the intersection of Hackberry Drive to 239.71' (0.05 mile) Northeast of the intersection of Hackberry Drive (cul -de -sac), as described in Deed Book 627, Page 785, Dated September 25, 1986. Golden Pond Circle (50' right -of -way) The Village at Lakeside - -Section IV, 706.04' (0.13 mile); from the intersection of Somerset Drive to the intersection of Chinkapin Drive, as described in Deed Book 637, Page 830, Dated January 27, 1987 and Deed Book 637, Page 835, Dated January 27, 1987. Chinkapin Drive (50' right -of -way) The Village at Lakeside - Section IV, 991.71' (0.19 mile); from the intersection of Somerset Drive to 328.7' (0.06 mile) Northeast of the intersection of Hackberry Drive, as described in Deed Book 637, Page 830, Dated January 27, 1987 and Deed Book 637, Page 835, Dated January 27, 1987. Bellhaven Circle (50' right -of -way) Lakewood Manor - Section II, IV, V, 2 (0.04 mile); from the intersection of Lakewood Drive to 2,117.04' (0.4o mile) back to the intersection of Lakewood Drive, as described in Deed Book 621, Page 814, Dated July 18, 1986; Deed Book 649, Page 711, Dated June 4, 1987; Deed Book 649, Page 718, Dated June 4, 1987 and Deed Book 662, Page 334, Dated October 21, 1987. Jade Court (50' right -of -way) Lakewood Manor - Section IV, 180.03' (0.03 mile); from the intersection with Bellhaven Circle to 180.03' (0.03 mile) North of the intersection of 244 Bellhaven Circle (cul -de -sac), as described in Deed Book 649, Page 711, Dated June 4, 1987 and Deed Book 649, Page 718, Dated June 4, 1987. Lakeside Drive (variable right -of -way) Lakewood Manor - Section III, 817.92' (0.15 mile); from 600.90' (0.11 mile) West of the intersection with Lakewood Drive to 817.92' (0.15 mile) East, as described in Deed Book 621, Page 820, Dated July 18, 1986. Lakewood Drive (50' right -of -way) Lakewood Manor - Sections, II, III, 956.87' (0.18 mile); from the intersection of Lakeside Drive to 956.87' (0.18 mile) to the intersection of Rosedale Drive, as described in Deed Book 621, Page 814, Dated July 18, 1986 and Deed Book 621, Page 820, Dated July 18, 1986. Rosedale Drive (50' right -of -way) Lakewood Manor - Sections I, II, 1,101.85' (0.21 mile); from the intersection of Lakewood Drive to 1,101.85' (0.21 mile) Dead End, as described in Deed Book 621, Page 807, Dated July 18, 1986 and Deed Book 621, Page 814, Dated July 18, 1986. Blackwater Court: (50' right -of -way) The Village at Lakeside - Section VI, 359.88 (0.07 mile); from the intersection with Summerlake Drive to 359.88' (0.07 mile) Southeast of the intersection of Summerlake Drive (cul -de -sac), as described in Deed Book 649, Page 678, Dated July 1, 1987 and Deed Book 652, Page 529, Dated July 1, 1987. Clearwater Court: (40' right -of -way) The Village at Lakeside - Section I, 475.56' (0.09 mile); from the intersection with Hackberry Drive to 475.56' (0.09 mile) North of the intersection with Hackberry Drive (cul -de -sac), as described in Deed Book 597, Page 59, Dated July 11, 1985. Honey Creek Circle (40' right -of -way) The Village at Lakeside - Section I, 370.91' (0.07 mile); from the intersection with Hackberry Drive to 370.91' (0.07 mile) North of the intersection with Hackberry Drive (cul -de -sac), as described in Deed Book 597, Page 59, Dated July 11, 1985. Butternut Drive: (60' right -of -way) The Village at Lakeside - Section I and Lakeside Estates - Section II, 369.88' (0.07 mile); from the intersection with Aspen Drive to the intersection with Hackberry Drive, as described in Deed Book 597, Page 59, Dated July 11, 1985 and Deed Book 407, Page 575, Dated April 7, 1973. Mystic Court (50' right -of -way) The Village at Lakeside - Section III, 179.58 (0.03 mile); from the intersection with Hackberry Drive to 179.58' (0.03 mile) East of the intersection with Hackberry Drive (cul -de -sac), as described in Deed Book 627, Page 785, Dated September 25, 1986. Summerlake Drive: (50' right -of -way) The Village at Lakeside - Sections V and VI, 776.16' (0.15 mile); from the intersection of Somerset Drive to 776.16' (0.15 mile) North of the intersection of Somerset Drive, as described in Deed Book 649, Page 671, Dated July 1, 1987; Deed Book 652, Page 522, Dated July 1, 1987, Deed Book 649, Page 678, Dated July 1, 1987 and Deed Book 652, Page 529, Dated July 1, 1987. AND FURTHER, BE IT RESOLVED, that the Board does guarantee the Commonwealth of Virginia an unrestricted right -of -way of 40, 50 & 60 feet, as described in the above Deed Book and referenced page numbers with necessary easements for cuts, fills and drainage. LETTER TO DR. C.M.G. BUTTERY, COMMISSIONER, DEPARTMENT OF HEALTH - APPROVED 245 Mr. Stiles requested that the Board approve a letter that he had prepared to send to Dr. Buttery conveying his approval of the Final Draft, Residential VPDES Policy as prepared by Dr. Buttery's staff and the Virginia State Water Control Board. Upon motion made by Robert M. Rhodes, seconded by Roger L. Crosen and passed unanimously, the correspondence from Chairman Stiles to Dr. Buttery was approved. ENGINEERING SERVICES CONTRACT - APPROVED Mr. John Orsillo and Mr. Ed Smariga of Harris, Smariga, Orsillo, Inc., were present to present their contract that will provide general engineering services which will include plan review, general inquiries and requests special projects and other services. Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the engineering services contract with Harris, Smariga, Orsillo, Inc. was approved. COMMITTEE REPORTS PARKS AND RECREATION COMMITTEE REPORT Mr. Rinker, Board Liaison on the Parks and Recreation Commission, presented the following reports and stated that it was for the Board's information and no action was necessary: Mr. Stiles stated that Parks and Recreation shall reconsid- er having individuals who are willing to donate money in return for having their name displayed on a plaque as a means of rais- ing money. The Parks and Recreation Commission met on January 17, 1989. Members present were: Robert Roper, Patricia Perry, Carole Ambrogi, Carmen Rio, Courtland Smith, Donald Wilson. The following action was taken: Election of Officers Chairman, Robert Roper; Vice - Chairman, Patricia Perry. Refund Policy It was the consensus of the Commission to accept the policy as revised to include issuance of credit coupons in lieu of re- funds if preferred by the registrant. The Parks and Recreation Commission met on February 21, 1989. Members present were: Robert Roper, Patricia Perry, Thomas Grove, Donald Wilson, Carmen Rio, Dudley Rinker. The following action was taken: Committee Appointme Finance: Pat Perry, Chairman; Court Smith; Public Affairs: Tom Grove, Chairman; Donald Wilson; Capital Improvements: Carole Ambrogi, Chairman; Carmen Rio; Executive Committee: Bob Roper, Pat Perry. Fees and Charges Policy /Athletic Field Reservations Mrs. Perry moved to accept the revised policy, seconded by Mr. Grove, carried unanimously. Request from James Wood Athletic Association for Waiver of Field Use Fees Mr. Wilson moved to deny the request, seconded by Mrs. Perry, carried unanimously. The Parks and Recreation Commission met on March 21, 1989. Members present were: Robert Roper, Patricia Perry, Donald Wilson, Carmen Rio, Carole Ambrogi. The following action was taken: Mrs. Ambrogi moved to accept Plan A for the soccer complex at Sherando Park, as modified, seconded by Mr. Wilson, carried unanimously. TRANSPORTATION COMMITTEE REPORT Mr. Watkins presented the following report: At their last two meetings the Transportation Committee took up a number of items which the Board may wish to follow up on. A complete summary of the meetings is attached, those items of particular interest to the Board are sighted below: March 13th Meeting 1. A presentation of the process to be undertaken in pre- paring the Thoroughfare Plan. The Transportation Committee ask that the study area be shifted to include the area East of Stephens City (the current proposed study area is shown on the last page of the attached information). The Board may wish to endorse this request. April 3rd Meeting 247 1. Participation in the Revenue Sharing program with VDOT during fiscal year 1989 -1990. It was suggested that the funds are not present at this time to consider participation. The Committee did ask that the staff explore the possibility of utilizing funds received as proffers to participate in the pro- gram. The Board may wish to address this proposal. 2. Request from Middletown that the Committee endorse the lowering of the speed limit on Route 11 from the Middletown Town limit to the Middletown School from 55mph to 35mph and 25mph during school hours. The Committee moved to endorse this re- quest. The Board may wish to do likewise. 3. The Committee asked that a letter be sent to Mr. Bushman requesting that the speed limit on appropriate sections of Route 11 North be raised back up to 55mph from 45mph, and that the installation of traffic lights at the inerchange of Routes 522 and 37 be initiated as soon as possible. A letter has been sent. The Board may want to express their support. 4. At the request of Mr. Kessler the Committee endorsed the motion that through truck traffic be prohibited on old Bufflick Road. The Board may wish to do the same. The above report was endorsed as submitted. PUBLIC WORKS COMMITTEE REPORT Mr. Orndoff, Chairman of the Public Works Committee, presented the following report: The Public Works Committee met on Tuesday, April 3, 1989, at 7:30 A.M. Present were Board member Charles W. Orndoff, Sr. and Committee members W. Wayne Miller and Keith A. Tubandt. Also present were County Administrator John R. Riley, Jr. and Assistant County Administrator Stephen F. Owen. The following items were discussed: Items Requiring Action Preservation of Hi Approved uest - Anna Thompson and Judy Jurgens presented Preservation of Historic Winchester's request for an easement to relocate six r ic Winchester's Ea and one -half parking spaces in the Joint Judicial Center lot. 248 Committee recommends approval. (A follow -up request to transfer the land under the Kurtz building was rejected). Upon motion made by Charles W. Orndoff, Sr., seconded by Dudley H. Rinker and passed unanimously, the above was approved. Dog Adoption Policy - Approved The Committee discussed a request to amend the County Code to allow for animal shelter dog adoptions to any Virginia resi- dent and recommends approval. A public hearing should be scheduled in order to proceed with the code amendment (see Attachment 1). Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr. and passed unanimously, the above was approved. Stephens City Dog Laws Enforcement - Approved The attached contract was discussed which would enable Frederick County animal control officers to enforce Stephens City's dog laws. It was amended by the Committee to include a termination and amendment clause and is now recommended for Board approval. The Board may also want to direct staff to execute a simi- lar contract with Middletown when so requested by the Town (see Attachment 2). Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr. and passed unanimously, the above was approved. Landfill Land Acquisition (To be discussed in Executive Session at the Board's con- venience.) No action was necessary. Items Not Requiring Action Clarke County Refuse Collection Contributions The Committee provided direction to the staff in negotiat- ing a more equitable arrangement with Clarke County for shared refuse collection stations. Landfill Lease Proposal 249 A proposal from Lonnie Johns to lease a portion of the old Landfill was rejected by the Committee after discussion. Compactor Projects The Committee discussed moving forward as soon as possible with constructing compactor stations on Middle Road near Relief and on Route 613 near Shawneeland. Mr. Rhodes asked if any citizen was interested in serving on the committee that is being organized to decide what will be done with the old Gore /Gainesboro School. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT GS, ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. irman, B and of Supervisors C1 rk, Board of upervisors IN