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HomeMy WebLinkAboutMay 10, 1989 Regular Meeting251 A Regular Meeting of the Frederick County Board of Supervisors was held on May 10, 1989, at 12:00 Noon, 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 Daniel J. Mappus of the Church of the Nazarene. ADOPTION OF AGENDA Mr. Riley stated that he had the Law Enforcement and Courts and Information Services Committee Reports that would need Board action. He further noted that the Planning staff was requesting a joint worksession between the Planning Commission and Board on May 31 for discussion of conditional zoning. Mr. Riley further stated that he would like to request that the Board consider changing the last Board meeting in June as he and Mr. Owen would be out of town attending a meeting. Mr. Stiles requested that Tab D be moved to the first item on the Agenda due to the large citizen attendance for this item. Mr. Crosen stated that he would like to discuss with the Board the possibilities of adding an At -Large seat to the School Board. Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes and passed unanimously, the Agenda was adopted as amend- ed. OFFER TO PURCHASE LODGE AT SHAWNEELAND - REFERRED TO THE SHAWNEELAND SANITARY DISTRICT ADVISORY BOARD AND MR. WAYNE MILLER Mr. Riley explained to the Board that an offer had been received to purchase the Lodge at Shawneeland. He further ex- plained that this would have to be advertised as being "For Sale" and sealed bids would be received and a public hearing would be necessary'. 25 F� Mr. Robert White, area resident, appeared before the Board to explain what his plans were for the Lodge and surrounding acreage that he hopes to purchase along with the Lodge. Mr. Bob Hartman, President of the Shawneeland Sanitary District Advisory Board, addressed the Board and stated that the Advisory Board was opposed to this sale as requested by Mr. White. He further explained they, the Advisory Board, would be interested in discussing this further as they were not totally opposed to the Lodge being sold but did not approve of Mr. White's proposal. Mr. Smith asked Mr. Hartman how many acres the Advisory Board would be willing to sell. Mr. Hartman replied they had not decided at this point. Mr. Stiles asked if the Advisory Board was willing to sell or is their stand not to sell at all. Mr. Hartman replied that he felt there was the possibility of them being willing to sell. Mr. Rinker asked Mr. Hartman if he had any problem with what Mr. White wanted to do with the building. Mr. Hartman replied no, not as far as he knew. Mr. Stiles explained that there would have to be signifi- cant repairs before the County Inspections Department would approve the building safe to live in. Mr. Edward Mooney, resident of Shawneeland, asked the Board if this property is sold for this amount, whether it could be sold in ten years and a house built on it. Mr. Stiles replied no, that it would have to come back before the Board. Mr. Rhodes stated that the people of Shawneeland need to decide what they want to do - "Sell it or burn it ", and come back to the Board with a proposal. Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, for the Sanitary District Advisory Board and Mr. Wayne Miller to come up with a plan for the use of the Lodge, either for it to be sold or for a long term lease which should then be submitted back to the Board 253 after a public hearing has been held in Shawneeland in order for the people of Shawneeland to express their feelings on this matter. APPROVAL OF MINUTES Mr. Crosen stated that in the minutes of March 8, 1989, Page 7, his name should not be included on the vote as he was not in attendance at this meeting. Upon motion made by Roger L. Crosen, seconded by Robert M. Rhodes and passed unanimously, the minutes of the Regular Meet- ing of March 8, 1989 were approved as amended. Upon motion made by Roger L. Crosen, seconded by Robert M. Rhodes and passed unanimously, the minutes of the Joint Meeting with the Shawneeland Sanitary District Advisory Board of March 20, 1989 were approved as submitted. Mr. Crosen noted that in the minutes of March 22, 1989, Page 12, Mr. Grant is not a Vo -Ag Teacher, he is a member of the Regional Vocational Advisory Council and it should read "Voca- tional Department" and not " Vo -Ag Department ". Upon motion made by Roger L. Crosen, seconded by Dudley H. Rinker and passed unanimously, the minutes of the Regular Meet- ing of March 22, 1989 were approved as amended. The minutes of the Regular Meeting of April 12, 1989 were held as Mr. Crosen did not receive his copy of these minutes. JAMES W. GOLLADAY, JR. REAPPOINTED TO THE PLANNING COMMISSION Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, James W. Golladay, Jr. was reappointed to the Planning Commission, said term to be retro- active to April 7, 1989 and expire on April 7, 1993. GARY 0. VANMETER, R. LEE TAYLOR AND LINDA SPICER APPOINTED TO THE HISTORIC RESOURCES BOARD Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes and passed unanimously, Gary 0. Vanmeter from Shawnee District, R. Lee Taylor, At -Large Member and Linda Spicer, At -Large Member, were appointed to the Historic Resources Board. STEPHEN F. OWEN, ASSISTANT COUNTY ADMINISTRATOR, APPOINTED AS INTERIM MEMBER ON THE SHENANDOAH VALLEY INDEPENDENT LIVING CENTER BOARD OF DI RECTORS 254 BOARD OF SUPERVISORS AND PLANNING COMMISSION TO MEET ON MAY 31 FOR DISCUSSION OF CONDITIONAL ZONING SECOND BOARD MEETING IN JUNE CHANGED FROM JUNE 28 TO JUNE 26 Due to Mr. Riley's and Mr. Owen's attendance at a meeting out of town on June 28, the second meeting has been moved to Monday, June 26. AT -LARGE MEMBER TO BE ADDED TO THE BOARD OF EDUCATION Mr. Crosen stated that he would like to see an At -Large member added to the current School Board and for this appoint- ment to become effective July 1, 1989. Upon motion made by Roger L. Crosen, seconded by Dudley H. Rinker and passed unanimously, for the ordinance to be amended to add an At -Large member to the Board of Education becoming effective July 1. RESOLUTION RE: VIRGINIA DEPARTMENT OF TRANSPORTATION" Mr. Riley presented this resolution to the Board. Following Board discussion as to the order of the routes to be included in this resolution, the following was approved: Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, WHEREAS, the Frederick County Board of Supervisors voted unanimously to participate in the Virginia Department of Transportation's Revenue Sharing Program on April 12, 1989; and WHEREAS, the Frederick County Board of Supervisors has designated State Route 642 as an improvement priority in its annual fiscal year plan; and WHEREAS, said project will commence with the improve- ment to the Route 642 /Route 647 intersection and continue with the improvement of Route 642 from said intersection to the Opequon Creek bridge and conclude with the improvement of Route 647 from Route 522 South to the Route 642 /Route 647 intersec- tion; and WHEREAS, said project will commence with the improve- ment to the 642/647 intersection and continue to the Route 522 South 642 intersection and conclude with the reconstruction of said route from 522 South to the Opequon Creek. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby endorse State Route 642 as its highest priority for the Virginia Department of Transpor- tation's Revenue Sharing Program. PASSED this 10th day of May, 1989. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 255 Mr. Crosen stated that he thought that he would have received a lot more public input with regard to this amendment but he had not so he would move for the Board to take no action on this request at this time. The Board concurred. FROM THE DEPARTMENT OF TRANSPORTATION RE: STAA REQUEST - ROUTES 652 AND 816 - DENIED The Board felt that until such time as the intersection at Valley Avenue and Route 652 is widened they could not endorse putting double wide trailers on Routes 652 and 816. REQUEST FROM FREDERICK UNITED METHODIST HOUSING DEVELOPMENT CORPORATION FOR TAX EXEMPTION - APPROVED Mr. Horace Sincore appeared before the Board on behalf of this request to explain exactly what the Frederick United Methodist Housing Development Corporation wanted to do. He further explained what guidelines had to be met for an individual to live here, which is basically they have to be sixty two years of age and their income cannot exceed $15,000 per year. Mr. Crosen asked if this is similiar to the Winchester House. Mr. Sincore replied yes. Upon motion made by Roger L. Crosen, seconded by Robert M. Rhodes and passed unanimously, to approve the request of the Frederick United Methodist Housing Development Corporation for a public hearing on their request for tax exemption status. Mr. Stiles stated that it was his understanding that if the status changed then this tax exemption would be revoked. Mr. Riley replied that is correct. COMPREHENSIVE HOUSE NUMBERING AND MAPPING AGREEMENT - APPROVED Upon motion made by Roger L. Crosen, seconded by W. Harrington Smith, Jr. and passed unanimously, the agreement for the Comprehensive House Numbering and Mapping, as presented by Overman and Associates of Virginia Beach, was approved. Mr. Overman was present to answer any questions the Board might have. 256 COMMITTEE REPORTS CODE AND ORDINANCE COMMITTEE REPORT Mr. Smith, Chairman of the Code and Ordinance Committee, presented the following report and stated that it was for information only and no action was necessary: The Code and Ordinance Committee met on Monday, May 1, 1989, 8:30 A.M. in the Office of the County Administrator. Present were W. Harrington Smith, Jr., Chairman of the Committee; Charles W. Orndoff, Sr.; Stephen G. Butler; George W. Johnston, III; John R. Riley, Jr., County Administrator and Stephen F. Owen, Assistant County Administrator. The following items were discussed, however, none require Board action at this time: Noise Ordinance A noise ordinance adopted by Bedford County was discussed and tabled for further study. Business License A proposed business license was also discussed. A work- session with the Board of Supervisors and the City and County Commissioners of the Revenue will be scheduled in the near future. It was noted that this should be scheduled as soon as possible. PERSONNEL COMMITTEE REPORT Mr. Rhodes, Chairman of the Personnel Committee, presented the following report: The Personnel Committee met on Wednesday, May 3, 1989 with the following members present: Robert Rhodes, Roger Crosen, James Longerbeam, John Riley, Steve Owen and Ann Kelican. The Committee submits the following report and recommendations to the Board of Supervisors for consideration: Items Requiring Action Reclassification Requests for FY 1989 -1990 - Approved The Committee reviewed the attached reclassification re- quests for FY 1989 -1990 and recommends approval of same. 257 Upon motion made by Robert M. Rhodes, seconded by Roger L. Crosen and passed unanimously, the above was approved. Request for New Position and Office Equipment - Departmen of Planning and Development - Approved The Committee reviewed the attached request from the Plann- ing and Development Director for a Clerk Typist I position and office equipment. Inasmuch as a quorum was not present when this was discussed, the Committee forwards same to the Board without recommendation Upon motion made by Robert M. Rhodes and seconded by Dudley H. Rinker, to approve the above. The above 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. Addition to Moonlighting Policy - Approved The Committee reviewed the attached suggested addition to the recently adopted moonlighting policy and recommends approval of same. Upon motion made by Robert M. Rhodes, seconded by Roger L. Crosen and passed unanimously, the above was approved. Discussion of Recruitment Problems - Approved The Committee discussed the recruitment problems being experienced when trying to fill non - exempt positions caused primarily by the restrictive salary ranges for those positions. The Committee therefore recommends that the County Administrator be permitted to approve hiring up to the fourth step, based upon experience for non - exempt personnel. Upon motion made by Robert M. Rhodes, seconded by Roger L. Crosen and passed unanimously, the above was approved (for non - exempt employees). Merit Evaluation - Assistant County Administrator - To be Done in Executive session The Committee reviewed the merit evaluation of the Assistant County Administrator and recommends approval of same as submitted. This is to be done in Executive Session. 258 Items for Informat Onl Re uest From Director of Code Administration to Fill the Fulltime Design Review Specialis Position The Committee reviewed the attached request from the Director of Code Administration to fill the fulltime Design Review Specialist position and recommends that the position be advertised as a parttime position. uest From the Sheriff for Upgrade and Funding of a Processina Position for FY 1989 -19 The Committee reviewed the attached request from the Sheriff for upgrade and funding of a data processing position for FY 1989 -1990. The Committee tabled this request pending information to determine what type position is needed to perform this function. Review of Evaluation Forms The Committee continued review of sample evaluation forms. FINANCE COMMITTEE REPORT Mr. Rhodes, Chairman of the Finance Committee, presented the following report: The Finance Committee met on Wednesday, May 3, 1989. All members were present. The following require Board action: quest from the Parks and Recreation Director for a rks and Recreation Capital Project Fund Supplemental ro riation and a Transfer of Same Funds from the General eratinq Fund in the Amount of $44,000 - Approved The Director of Parks and Recreation is requesting a Parks and Recreation Capital Project Fund supplemental appropriation and a transfer of same funds from the General Operating Fund in the amount of $44,000 for rock excavation on the pool project. 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. Parks and Recreation Request for a Gener Fund These funds have been donated by an organization for the Tri -State Basketball Classic Tournament. See attached memo. The Committee recommends approval. 259 Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. Request from the Parks and Recreation Director for a General Fund Appropriation Transfer in the Amount of The Director of Parks and Recreation is requesting a General Fund appropriation transfer in the amount of $4,468.76 for plumbing repairs. See attached memo. No additional local funds are requested. 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 School Finance Director for School ODeratinq Fund Appropriation Transfers in the Amount of - ADDro The School Finance Director is requesting School Operating Fund appropriation transfers in the amount of $11,554. 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. Request from the Sheriff for General Fund Appropriation Transfers in the Amount of 7,000 - Approved The Sheriff is requesting General Fund appropriation trans- fers in the amount of $7,000 for telephone and repair bills. See attached memo. No additional funds are requested. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. est from the Assistant Finance Director for a ral Fund Supplemental Appropriation in th Amount of $6,U /U.11 - Appro The Assistant Finance Director is requesting a General Fund supplemental appropriation in the amount of $6,070.11 to repair a County vehicle involved in an automobile accident. No local funds are requested. 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 the Planning and Development Director for a General Fund Supplemental Appropriation in the Amoun of 6,520 for FY 88 -89 and a General Fund Supplementa Appropriation of $12,938 for FY 89 -90 - Approved �6Q The Director of Planning is requesting a General Fund supplemental appropriation in the amount of 6,520 for FY 88 -89 and a General Fund supplemental appropriation of $12,938 for FY 89 -90 for a Clerk Typist I position. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes and seconded by Dudley H. Rinker, the above request 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. Request from the Planning and Development Dire for a General Fund Su lemental App ropriation in the Amount 77 ZERN - Kr, rnxraA The Director of Planning requests a General Fund supple- mental appropriation in the amount of $500 to cover printing costs. 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. quest from the Parks and Recreation Directo for a neral Fund Supplemental Appropriation in the Amount 4on - ar�nrnvcr� The Director of Parks and Recreation requests a General Fund supplemental appropriation in the amount of $820 to pay USSSA sanction and liability dues for Frederick County softball leagues. No additional local funds are requested. 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. Request from the Shawneeland Manager for a Sanitar District Fund Transfer in the Amount of 7,000 - Approved The Shawneeland Manager requests a Sanitary District Fund transfer in the amount of $7,000 to fence Cherokee Beach and to install a snow blade on a dump truck. No additional local funds are requested. 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. Request from the Superintendent of Schools for a School Operating Fund Supplemental Appropriation and a General Fund Transfer in the Amount of $159,000 - Approved 261 The Superintendent of Schools is requesting a School Operating fund supplemental appropriation and a General Fund transfer in the amount of $159,000 for repairs to Frederick County Middle School and the gym ceiling at Ridge Campus. Only $89,000 of this amount is new money. See attached memo. The Committee has no recommendation. Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, that $51,000 of the $142,000 is to come from the $68,000 originally proposed to replace the roof on the Ridge Campus Gym. The remaining $91,000 is to come from funds identified in this year's budget to air condition the Frederick County Middle School. Request from the Parks and Recreation Director for a General Fund Supplemental Appropriation in the Amount of 500 - Approved The Director of Parks and Recreation requests a General Fund supplemental appropriation of $500 for the Spring Fever Biathlon. No additional local funds are requested. 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. Request from the Social Services Director_ for Approval to Apply for a Grant from the Department of Soci Services and a Supplemental Appropriation of 12,250 for Pv RQ-Qn — Are rnncrl The Director of Social Services is requesting approval to apply for a grant from the Department of Social Services and a supplemental appropriation of $12,250 for FY 89 -90 to help children who have been victims of sexual abuse. No additional local funds are requested. 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. uest from the School Finance Director for a School ratan Fund Appropriation Transfer in the Amount 94,450 - Approved The School Finance Director requests a School Operating Fund appropriation transfer of $95,450 for FY 88 -89. See addi- tional information requested by the Board of Supervisors at the 4 -12 -89 meeting. The Committee recommends approval. 26� Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. st from the General Registrar for a General Fund emental Appropriation in the Am ount of $3,566.30 - Approved The General Registrar requests a General Fund supplemental appropriation of $3,566.30 for expenses for election officials. 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. Listed below are the agenda items for fiscal year 1989 -1990: equest from the N. W or Appropriation Tra The net effect of these budget changes require a $618 General Fund supplemental appropriation. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes and seconded by Dudley H. Rinker, to approve the above request. The above motion was passed by the following recorded vote: Aye - Robert M. Rhodes, Dudley H. Rinker, Roger L. Crosen, W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Nay - Kenneth Y. Stiles. st from the Personnel Director for a General Fund emental Appropriation in the Amount of $6,914 - The Director of Personnel is requesting a General Fund supplemental appropriation of $6,914 for personnel reclassifica- tions. 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. Request from the Chief Magistrate for a General Fund Supplemental Appropriation in the Amount of $1,545 - C The Chief Magistrate requests a General Fund supplemental appropriation of $1,545 for Capital leases and purchases. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Regional Jail Project Coordinator foY� +� the R4 -q0 Budaet - Approved Rinker and passed unanimously, the above was approved. 263 Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rin er and passed unanimously, the above was approved. e u est from the General R for a Ge nera l Fund Supp lemental Appropriation in the Amount of $3,566.3p - !Request Rthe rar requests a General Fund supp'lemental appro.30 for expenses for election officials. See a Committee recommends approv�l. ty Robert M. Rhodes, secondgU by Dudley H. Rinkeaimously, the above was approved. bhe agenda items for fiscal year 1989 - . W. Regional Jail P o'ect Coo rdinator for Appro riation Tra n ers to the 89 0 Budget - Approved The net effect of these b dget chap require a $618 General Fund supplemental approp iatior�. See attached memo. The Committee recommends approval. Upon motion made by Robert M. odes and seconded by Dudley H. Rinker, to approve the above r ques . The above motion was passe by the ollowing recorded vote: Aye - Robert M. Rhodes, Dudle H. Rinker, oger L. Crosen, W. Harrington Smith, Jr. and CYarles W. Orndof , Sr. Nay - Kenneth Y. Stiles. !I i Request from the Pe sonnel Director for a eneral Fund Supplemental App ropriation in the Amount o 6,914 - Approved The Director of Personnel is requesting a Gen ral Fund supplemental appro riation of $6,914 for personnel r classifica- r tions. See att�hed memo. The Committee recommends a proval. 0 Upon motion made by Robert M. Rhodes, seconded by D dley H. Rinker and ssed unanimously, the above was approved. Requ2�t from the Chief Magistrate for a General Fund Rnnryl pmpntal AAArooriation in the Amount o 1, - T e Chief Magistrate requests a General Fund supplemental app // priation of $1,545 for Capital leases and purchases. See atrt ached memo. The Committee recommends approval. o Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. 264 Re uest from the Sheriff for a Supplemental ApprMLL2Ltio in the Amount of 4i2lrl5j - Tabled The Sheriff is requesting a supplemental appropriation in the amount of $21,151 for an additional position. See attached memo. The Committee recommends approval. The above request was tabled. Re uest from the Health De artment for an Additional General Fund Appropriation in the Am ount of 53,650 - Approved The Committee recommends they stay at present level funding of $172,649. Additional fees are expected to be collected by the Health Department in the amount of $16,000. The Committee recommends appropriation of these fees once remitted. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. The following is for your information only: 1. The County received an insurance dividend in the amount of $45,738 for FY 86 -87 and FY 87 -88. See attached memo. 2. See attached information on label pins for Frederick County. 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, May 4, 1989, 4:00 P.M., in the Conference Room of the Frederick County Courthouse. Present were Roger L. Crosen, Chairman of the Committee; W. Harrington Smith, Jr.; Larry P. Coverstone; Charles R. McIlwee; Sheriff Charles L. Sturdivant; Captain John E. Liggett; Joseph Walker, Director, Division of Court Services; Mike Fling, Chief Probation and Parole Officer, Department of Corrections; John Anderson, Mike Sporry, Tony Reid and John R. Riley, Jr., County Administrator. The Committee submits the following: Request for Endorsement of Intensive Supervision Program - Approved Mr. Mike Fling, Chief Probation and Parole Officer present- ed the enclosed description of the Intensive Supervision Program This program is one of eight pilot programs in the nation formed by the Federal Government. The purpose of the program is to 265 place drug offenders already convicted and on parole under an intensive supervision program. Funding by the Federal Govern- ment will expire in December, 1989. The Committee recommends endorsement of the program and that funding be continued through the Virginia Department of Corrections. A draft letter is en- closed for the Chairman's signature. Upon motion made by Roger L. Crosen, seconded by W. Harrington Smith, Jr. and passed unanimously, the above was approved. Radar Request - No Action Taken Harrington Smith presented the attached request from Sheriff Sturdivant for funding of one radar unit in a Sheriff's Department vehicle to be used exclusively in school zones and residential neighborhood streets. The request failed in Committee due to the lack of a second. The Board felt a transfer within the Sheriff's budget should be done to cover this expense if he so desires at a later date. Central Dispatch Subcommittee - No Action Necessary Roger Crosen briefed the Committee on the research recently completed to establish a fully integrated central dispatch facil- ity. Currently, location, staffing and supervision of same are still being discussed and no conclusions have been reached. No action was necessary. State Police Radar Patrol - No Action Taken Harrington Smith has requested stepped up radar patrol on Senseny Road and Route 642 from 647 to Route 37. There was no action taken. Information Services Committee Mr. Rinker, Chairman of the Information Services Committee, presented the following report and stated that it was for the Board's information only and no action was necessary: The Information Services Committee met on May 4, 1989, at 11:00 A.M. The following members were in attendance: Dudley Rinker, Charles Orndoff, John Riley, Bill Bauserman, Charles Tyson. Absent was Jim Beukema. The following was discussed: 266 The Committee discussed the upcoming computer conversion. The Committee was in agreement that the hardware and software selected would be most beneficial to the plans of the County. Mr. Bauserman noted that we should be sure that the hardware had the ability to grow with the County into the future. John Riley assured him that the IBM AS /400 has the ability to be expanded as the County needs increase. The Committee submits this report for your review. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, the Board retired into Executive Session in accordance with Virginia Code, 1950, as amended, Section 2.1 -344, Subsection A (1) to discuss Personnel matters. BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, the Board recon- vened into Regular Session. EVALUATION OF STEPHEN F. OWEN, ASSISTANT COUNTY ADMINISTRATOR - APPROVED Upon motion made by Roger L. Crosen, seconded by Robert M. Rhodes and passed unanimously, the evaluation of Assistant County Administrator Stephen F. Owen was approved. The Board recessed at this time until 7:1.5 P.M. when Public Hearings will be heard. CALL TO ORDER Vice Chairman Robert M. Rhodes called the meeting to order at 7:15 P.M. since Mr. Stiles was not present at the start of the meeting. PUBLIC HEARINGS SALE OF 44 LOTS IN THE SHAWNEELAND DEVELOPMENT THAT ARE OWNED BY THE FREDERICK COUNTY SANITARY DISTRICT - APPROVED X67 Mr. Wayne Miller, Manager of the Shawneeland Sanitary District, appeared before the Board to present this request and noted that four lots had been added to the original list of forty -four. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, to approve the sale of forty -eight lots in Shawneeland presently owned by the Sanitary District to be advertised "For Sale" through the sealed bid process. AN AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 5 RESIDENT - APPROVED Mr. Riley presented this ordinance amendment request. Upon motion made by Charles W. Orndoff, Sr., seconded by Dudley H. Rinker and passed unanimously, the following ordinance amendment was approved: AN AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 5, ANIMALS AND FOWL; ARTICLE IV, DOGS; SECTION 4 -1 -5.3 TO READ AS FOLLOWS: 4 -1 -5.3 If the dog has not been claimed, it may be humanely destroyed or disposed of by sale or gift to a Federal Agency, or State - supported Institution, Agency of the Commonwealth, Agency of another State, or a licensed Federal Dealer, or by delivery to any .local humane society, shelter, or to any person who is a resident of Virginia who will pay the required license tax on such animal. No provision herein shall prohibit the destruction of a critically injured or critically ill dog for humane purposes. The pound shall be accessible to the public of reasonable hours during the week. PLANNING COMMISSION BUSINESS PUBLIC HEARING ORDINANCE AMENDMENTS Mr. Watkins, Planning and Development Director, presented these ordinance amendments and noted the various changes proposed and that the Planning Commission recommended approval. AN AMENDMENT TO CHAPTER 21 OF THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING O ARTICLE IX, MOBILE HOME Mr. Crosen stated that he was curious about the dividing of the mobile home park land itself into these individual lots 268 assuming that a lot would be the same size as the one a mobile home sits on now. Mr. Watkins stated that is correct, 4,000 square feet. Mr. Crosen asked how would this affect us from the tax base standpoint. Mr. Watkins replied he was not sure. Mr. Crosen explained that he would assume that the lot would be just like a lot for a house and the mobile home would be taxed as personal property. Mr. Riley replied that is correct and that this might be a good project to try and get changed this year in Richmond on how this taxing is done. Mr. Robert Golightly, resident of Shawnee District, addressed the Board with reference to public water and it's availability to County citizens as it appears now all the new subdivisions are getting public water and sewer but County residents that have lived here for years are still without this service. Mr. Watkins explained what could be made available. Mr. Golightly explained that he had discussed this issue with Mr. Crosen as he knew he was opposed to any new mobile home parks being located in the County and he wanted to be sure that this amendment was not so restrictive that no one would ever be allowed to build another mobile home park within the County. He further stated that so few homes were being built in this County for lower income families that they can no longer afford to live in the County. Mr. Golightly explained that at the public hearing on the six year road plan he presented a petition bearing the names of all residents on Route 644 requesting maintenance of their road and other than a few gravel being spread, nothing had been done. Mr. Riley stated that the petition had been referred to the Transportation Committee. Mr. Golightly stated all they wanted was maintenance, no black top was being requested. 269 Mr. Crosen stated that his position on mobile homes is that he is opposed to any more mobile home parks in Frederick County and while he will support this amendment, that did not mean that he will vote in favor of any mobile home park replacements in the future, but he did not say, and did not hold the position that Frederick County should not have mobile homes, period, and he was not out to tell someone in the County that has land that they cannot put a home on it and he just wanted this clarified. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the above ordinance amendment was approved. A copy is on file in the Office of the County Administra- tor. AN AMENDMENT TO CHAPTER 21 OF THE FREDERICK COUNTY CODE, ZONING ORDINANCE; COMBINING THE A -1 AGRICUL T.TMTMPnl aun MUM n -9 nruT rrT.mrrunT. r_rxurrunr. 7nuTwc ICT ANU YKVyLULN" "z Nz1WLU MMVLDLVNA 1'V Tnft1' LLa ".L iC1 L'1 - APPROVED It was noted that this ordinance amendment will be making one district out of two. Mr. Crosen asked about the conditional use section and what a conditional use permit is needed for, hog farming, fish hatch- eries, etc. and is this currently in the A -1 or A -2. Mr. Watkins stated that he believed they are currently allowed in A -1 with a conditional use permit, not A -2. Mr. Rinker asked if this had any affect on the Agricultural District. Mr. Watkins replied no. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above ordinance amendment was approved. A copy is on file in the Office of the County Administra- tor. Mr. Stiles arrived at this time. AN AMENDMENT TO CHAPTER 21 O THE FREDERICK COUNTY CODE 6 2 - 70 Mr. Stiles stated that he felt the County needed a require- ment as far as buffers around sewer plants and landfills. The Board concurred. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the above ordinance amendment was approved. A copy is on file in the Office of the County Administra- tor. REZONING REQUEST #001 -88 OF ADD PARTNERSHIP, C/O BENJAMIN M. BUTLER - OPEQU MAGISTERIAL DISTRICT - Mr. Watkins presented this request to the Board and noted that the Planning Commission recommended approval. Mr. Ben Butler, local Attorney, appeared before the Board on behalf of this request and presented a letter to the Board from the Engineer, Mr. Walter Seedlock, and stated that the majority of the land can be sewered by gravity. Mr. Crosen asked Mr. Butler if he knew what Mr. Seedlock meant acreage wise when he said majority. Mr. Butler stated that he did not know, but Mr. Dorsey stated approximately 2/3 of the acreage. At this time Mr. Dorsey, part owner, appeared before the Board to address this question and stated that he felt it would be over half of the property. Mr. Crosen stated that he would like to have a more defini- tive answer with regard to this. Mr. Butler explained that he felt this would not be known for sure until the master development plan is complete. Mr. Rinker asked if the recommendation under the site suit- ability would be addressed at the site plan stage. Mr. Watkins replied yes. The Board discussed the traffic that is currently on Route 642 and the additional traffic this project would create and how long it will be before the improvements that are planned for Route 642 are actually started. Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes and passed unanimously, rezoning request number 001 -88 of 271 ADD Partnership, c/o Benjamin M. Butler, P. 0. Box 2097, Winchester, Virginia, to rezone 200 acres from A -2 (Agricultural General) to RP (Residential Performance) for residential building sites was approved with the understanding that the improvements that are scheduled for Route 642 be done. This property is located at the intersection of Route 642 and Route 636, just East of Stephens City and is identified as Parcel 105 on Tax Map 75 in the Opequon District. REZONING REQUEST #005 -89 OF BOWMAN TRUCKING COMPANY, INC. - SHAWNEE MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this request and stated that the Plan- ning Commission recommended approval. Mr. Rinker asked if Route 636 would be extended to Route 522. Mr. Watkins replied that the County would like to see this happen. Mr. Smith stated that the question of Firemen being avail- able concerned him. Mr. Rinker stated that this also concerned him. Mr. Stiles explained that this would have to be addressed in next year's budget. Mr. B. J. Tisinger, local Attorney, appeared before the Board on behalf of the petitioner. Mr. Crosen asked about the area of natural drainage. Mr. Chuck Maddox, local Engineer, explained that at this point one could only guess as to what will drain naturally. Mr. Smith stated that it concerned him that there is not sufficient fire personnel in this area to handle what is already in this area and we continue to add more. Mr. Stiles noted that this property is in Shawnee District and not Opequon as listed by the Planning Department. Upon motion made by W. Harrington Smith, Jr. and seconded by Dudley H. Rinker, subject to prerequisites that have been put on other requests in this area, Route 642 and the water and sewer, to approve this request. 272 Mr. Stiles noted that the time to put the conditions on with reference to Route 642 would be at the master development plan stage. Rezoning request number 005 -89 of Bowman Trucking Company, Inc., P. 0. Box 6, Stephens City, Virginia, to rezone 135.974 acres from A -2 (Agricultural General) to RP (Residential Perform- ance) was unanimously approved. This property is located North of the intersection of Routes 642 and 636 and is identified as Parcel 31 on Tax Map 76 in the Shawnee District. REZONING REQUEST #006 -89 OF JASBO, INC. - OPEQUON MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this request and noted that the Plann- ing Commission recommended approval. Mr. Rinker asked where Route 636 is on the Road Improvement Plan. Mr. Watkins replied that it is not on the plan but plans are to have it added. Mr. B. J. Tisinger, local Attorney, was present to repre- sent the petitioner. Mr. Crosen asked if there was much difference between this property and the ADD Partnership request which was just approved. Mr. Maddox replied that they are similiar. Mr. Crosen referred to gravity flow and pumping stations and that he does not like the use of pumping stations. He asked about the roads in this area. Mr. Tisinger replied that this has been worked out with the three property owners. Mr. Stiles noted that the critical areas in this area have been addressed. Mr. Smith asked if Parkins Mill would be able to handle all this building. Mr. Stiles replied once capacity is reached, then building permits will stop. Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, rezoning request number 006 -89 of 273 Jasbo, Inc., P. 0. Box 6, Stephens City, Virginia, to rezone 94.79 acres from A -2 (Agricultural General) to RP (Residential - Performance) was approved with Stephens City's fire companies' remarks noted. This property is located West of Route 636 and North of Route 277 and is identified as Parcel 117 on Tax Map 75 in the Opequon District. CONDITIONAL USE PERMIT #003 -89 OF ROCKY L. AND KELLIE C. KEPL INGER - BACK CREEK MAGISTERIAL DISTRICT - APPR Mr. Watkins presented this request and noted that the Plann- ing Commission recommended approval. Mr. Keplinger was present on behalf of his request. Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, conditional use permit number 003 -89 of Rocky L. and Kellie C. Keplinger, Route 4, Box 217K, Winchester, Virginia, to operate a garage and re- pair facility off of Route 803 was approved with condition num- ber 5. Hours of Operation ", deleted. This property is identi- fied as Parcel 280A on Tax Map 52 in the Back Creek District. CONDITIONAL USE PERMIT #005 -89 OF JOHN E., JR. AND DELPHIA J. SHELLY - GAINESBORO MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this request and stated that the Plan- ning Commission recommended approval. Mr. Shelly was present on behalf of his request and to answer any questions. Upon motion made by Roger L. Crosen, seconded by Dudley H. Rinker and passed unanimously, conditional use permit number 005 -89 of John E., Jr. and Delphia J. Shelly for the retail sales of groceries, musical instruments and pickup truck caps, to be located about one mile North of Nain on the Soute side of U.S. 57.2 and presently known as "Bayliss Market" in the Gainesboro District, was approved. CONDITIONAL USE PERMIT #006 -89 OF PERRY ENGINEERING COMPANY, INC. - SHAWNEE MAGI STERIAL DISTRICT - APPR Mr. Watkins presented this request and stated that the Plan- ning Commission recommended approval. Mr. Mike Perry was present and addressed the Board on be- half of his request. 274 Mr. Robert Golightly, County resident, asked Mr. Perry what his plans were for the location in question. Mr. Perry explained what the plans were and Mr. Golightly had no problems with the plan. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes and passed unanimously, conditional use permit number 006 -89 of Perry Engineering Company, Inc. for shale min- ing to be located on the North side of Route 50, approximately 2 miles East of Interstate 81 in the Shawnee District, was approved. AMENDED CONDITIONAL USE PERMIT 0005 -88 OF RAYMOND E. BRILL - BACK CREEK MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this request and stated that the Plan- ning Commission recommended approval with conditions. Mr. Pavelko, Attorney representing Mr. and Mrs. Brill, addressed the Board concerning this request. Mr. Crosen asked if the change in trucking could not have been determined earlier. Mr. Stiles explained that it had to be tried in order to see if it was feasible. Mr. Crosen asked about the impact on the stream. Mr. Stiles replied that this would not have a large impact on the stream although there would be some. Mr. Kevin McWilliams, area resident, expressed to the Board that he felt this operation would be a benefit to the County with all the building that is currently going on in the County. Upon motion made by Robert M. Rhodes and seconded by Dudley H. Rinker, to approve amended conditional use permit number 005 -88 of Raymond E. Brill, Route 1, Box 38, Star Tannery, Virginia, for a sand mine operation on Route 603. This property is identified as Parcel 7 -0 on Tax Map 69 in the Back Creek District. 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. Nay - Roger L. Crosen. OTHER PLANNING ITEMS 275 MASTER DEVELOPMENT PLAN - FREDERICK WOODS - DENIED Mr. Watkins presented this request and stated that the Plan- ning Commission recommended approval. Mr. Chuck Maddox, Engineer, appeared before the Board and presented a slide presentation showing the area and location of this project and explained what the developers were planning for this area. Mr. Rinker asked how many units are planned. Mr. Maddox replied two hundred ninety -six. Mr. Smith asked if there would be a resident manager. Mr. Maddox replied yes. Mr. B. J. Tisinger, local Attorney, appeared before the Board on behalf of Case Edwards Development Company. He explain- ed that this property had been zoned residential for years and that Case Edwards had been in business for approximately sixteen years and that they build their units, maintain them and keep them. Mr. David Wiederman, representing Case Edwards, addressed the Board and explained the structure of the units and how many units per building. He presented slides of Case Edwards' pro- jects located in other states and explained what is in their plans and what they provided to the renter. Mr. Dick Loy, resident of Wakeland Manor, addressed the Board and opposed this request and noted that he felt a complex such as this would depreciate the property value of those living in Wakeland Manor. Mrs. Carolyn Baughman, County resident living at the corner of Route 642 and 636, appeared before the Board to oppose this request and explained that there is already too much traffic in this area and a project of this size would only make the situa- tion worse, and further, she has had nothing but drainage prob- lems in her front yard since moving there due to construction of Albin Acres, and due to the fact that this project would be even closer to her, this too would only increase the already very bad problems she has incurred with runoff from someone elses property. 276 The Board discussed at length taxes that would be realized by the County if this project is built as compared to the amount that would be received if single family homes were constructed instead. The matter of how many children would be living in a project such as this and their impact on the school system was also discussed. Mr. Rinker asked if this is approved he would like to re- quest that no occupancy permits be issued until the repairs to the intersection of Route 642 and 647 is complete. Mr. Tisinger requested that any additional conditions be added in the second and third phase of the project rather than the first phase. Mr. Rinker asked when the work was scheduled for this inter- section. Mr. Stiles replied within six months as it has to be com- pleted within a year from the time the funds are available. Upon motion made by Dudley H. Rinker and seconded by Robert M. Rhodes, to approve the master development plan of Frederick Woods. The above motion was denied by the following recorded vote: Aye - Kenneth Y. Stiles, Robert M. Rhodes and Dudley H. Rinker. Nay - Roger L. Crosen, W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. PLANNING COMMISSION PUBLIC HEARINGS (CONTINUED) PROPOSED 138kV POTOMAC EDISON ELECTRICAL TRANSMISSION PLAN Mr. Watkins presented this request. Mr. Jay Wetsel, local Attorney representing Potomac Edison, appeared before the Board to explain where these lines would be built and why they were necessary. Mr. Ron Keeler, owner of property on Middle Road where these lines are scheduled to cross, addressed the Board and stated that he is opposed to having these lines on his property and he asked why some of the lines were on one side of Route 37 then they skipped over to the other side. 277 Mr. Wetsel replied the power company followed the kV line and thus the need to cross from one side to the other. Mr. Smith asked about the lines going underground rather than above. Mr. Wetsel replied that this project would cost 34.3 million dollars to put underground. Mr. Steve Cody, resident of Route 50 West, appeared before the Board to also oppose this line being run where Potomac Edison has planned. Mr. Rinker stated that even though this question had noth- ing to do with this particular request, it did have to do with the power company policy and he would like to know why the power company was running service lines for a residence in the front of houses even when the homeowner was willing to pay extra to have the service run in the rear of the house where it is less conspicuous. Mr. Cather, of Potomac Edison, replied the lines were being run as close to the service as possible in order to save money. Mr. Rinker stated that from what he had been able to under- stand there is not much cooperation and willingness from the power company to work with the contractor on this concern. Mr. Stiles explained that this was being brought to the Board solely to have the Board's approval as to whether or not this request is in conformance with the Comprehensive Plan and that the Board cannot tell Potomac Edison whether they can or cannot run a line. Mr. Wetsel informed the Board that regardless of whether the Board voted on this issue or not, due to the time schedule involved, that Potomac Edison planned to erect this line. Mr. Rhodes stated that he could not support the route thathas been planned by the power company and he felt there are certain places where the line needs to be buried and he felt that Potomac Edison needed to work with the people. The Board concurred. OTHER PLANNING ITEMS (CONTINUED) REVISED MASTER DEVELOPMENT PLAN - PIONEER HEIGHTS - APPROVED 278 Mr. Watkins presented this request and noted that the Plann- ing Commission recommended approval with an entrance onto Route 7. The Board discussed the Route 7 entrance and decided that they were not in favor of this. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes and passed unanimously, the revised master development plan of Pioneer Heights was approved without the Route 7 entrance. FINAL SUBDIVISION PLAT - CARRIEBROOK - APPROVED Mr. Watkins presented this request and stated that the Planning Commission recommended approval. Mr. David Holliday, owner, appeared before the Board on behalf of his request. Upon moton made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes and passed unanimously, the final subdivision plat of Carriebrook was approved. MEMORANDUM RE: SULLIVAN CONDITIONAL USE PERMIT - TABLED It was noted that this conditional use permit was tabled by the Planning Commission, therefore it was tabled by the Board of Supervisors. ROAD RESOLUTION - LONG MEADOWS SUBDIVISION - 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 the Secondary System of Frederick County, pursuant to Section 33.1 -229 of the Code of Virginia, 1950, as amended. Windsor Road, Long Meadows Subdivision From: intersection Route 622 To: 3233.25' (0.61 miles) SW to dead end as described in Deed Book 659, Page 270 and Deed Book 659, Page 297, dated September 18, 1987. Total length of addition is 0.61 miles AND BE IT FURTHER RESOLVED, that the Board does guarantee the Commonwealth of Virginia an unrestricted right -of- way of 50 feet as described in the above Deed Book and page numbers with necessary easements for cuts, fills and drainage. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. 279 Wma