HomeMy WebLinkAboutJune 26, 1989 Regular Meeting308
A Regular Meeting of the Frederick County Board of Super-
visors was held on June 26, 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
In absence of a Minister, everyone was asked to observe a
moment of silence.
ADOPTION OF AGE
Mr. Stiles noted that he had an item under "County
Officials"
Mr. Riley stated that he had a request from the Treasurer
and he had a request, as County Administrator, dealing with
VSRS.
Mr. Stiles requested an Executive Session to address legal
and personnel matters.
Mr. Riley stated that he had a presentation to make to the
Board.
Upon motion made by Charles W. Orndoff, Sr., seconded by
Roger L. Crosen and passed unanimously, the Agenda was adopted
as amended.
APPROVAL OF M INUTES
Mr. Rinker stated that he had several corrections to the
minutes of the Regular Meeting of May 10. He stated that on
Page 24, the first sentence under the Ordinance amendment should
read, "It was noted that this ordinance amendment will be making
one district out of two ". He further stated that on Page 27,
the end of the second sentence should read "Route 522" and not
"Route 642 ". Mr. Rinker stated that on Page 33, the third para-
graph should read, "Route 642 and 647" and not "Route 642 and
636 ". He requested that on Page 35, that Mr. Wetsel's statement
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referring to the fact that Potomac Edison will run the line
regardless, be made a part of the minutes.
Upon motion duly made, seconded and passed unanimously, the
minutes of the Regular Meeting of May 10, 1989 were approved as
amended.
It was noted that on Page 3 of the minutes of the regular
meeting of May 24, Mr. Huey's middle initial is "Q" and not "B ".
Upon motion made by Charles W. Orndoff, Sr., seconded by
Dudley H. Rinker and passed unanimously, the minutes of the
Regular Meeting of May 24, 1989, were approved as amended.
JAMES Q. HUEY, JR. APPOINTED TO THE BOARD OF EDUCATION
AS A REPRESENTATIVE FROM OPEQUON DISTRICT
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, James Q. Huey, Jr. was appointed
to the Board of Education as a representative from Opequon
Magisterial District, said term to commence July 1, 1989 and
expire on June 30, 1993.
SHENANDOAH AREA AGENCY ON AGING'S
ET FOR YEAR
9�0 - APPROVED
Upon motion made by W. Harrington Smith, Jr., seconded by
- 11 Dudley H. Rinker and passed unanimously, the budget for the
Shenanoah Area Agency on Aging for October 1 1989 through
September 30, 1990 was approved as submitted.
ST FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION
r.•rrrnwry DATT rrner no unrtmpc g amn f.71
It was noted that due to bridge construction, Routes 630
and 627 may be blocked for a time and the Department of Transpor-
tation is requesting approval from the Board of Supervisors to
close these roads.
Upon motion made by Dudley H. Rinker, seconded by W.
Harrington Smith, Jr. and passed unanimously, the above request
was approved.
OF ADDITION TO STUDENT SERVICES
RFAX COMMUN COLLEGE - APPROV
Upon motion made by Dudley H. Rinker, seconded by Robert M.
Rhodes and passed unanimously, the Board endorsed the addition
to the student services area for the Lord Fairfax Community
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College as outlined in an environmental impact statement from
the Council on the Environment.
REQUEST FROM CLEAN, INC. - ENDORSED
Mr. Riley stated that Colonel James Longerbeam was present
to address the Board with reference to this request.
Colonel Longerbeam, Chairman of CLEAN, Inc., addressed the
Board and outlined the views of CLEAN on the subject of a commun-
ity youth facility. He explained that CLEAN was not at this
time asking for funds from the County but they were asking the
Board to endorse the concept of a community youth facility. He
further explained that there were three approaches that CLEAN
felt could be considered toward acquiring a suitable facility
and the third option of purchasing the land and building a facil-
ity that will clearly fulfill the need appears at this time to
be the best option. He further explained that the cost for this
project would be approximately $350,000 to $450,000 and the
Committee felt these funds should come from both the City and
the County.
Mr. Crosen asked Colonel Longerbeam if he felt that once
the building was constructed that it would be in a position
financially to operate on its own.
Colonel Longerbeam replied yes.
Mr. Crosen asked if the Board would be asked for a one time
donation.
Colonel Longerbeam replied yes. He explained that they
knew the County was thinking of proposing a meals tax and they
thought that perhaps some of this revenue might go toward this
project and if so CLEAN would be willing to help in order to get
this on the ballot for the next Election.
Mrs. Cathy Nerangis, member of CLEAN, Inc., appeared before
the Board and explained what events had been planned for the
Summer for the local youth and what plans they had discussed
once this building was available.
Upon motion made by W. Harrington Smith, Jr., seconded by
Robert M. Rhodes and passed unanimously, to approve the concept
of a building being built by CLEAN, Inc. in order that the youth
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of this area might have a location to go to for supervised activ-
ities.
Mr. Crosen stated that he did not favor earmarking any one
particular funding source for this project but that he is in
favor of the project.
REQUEST FROM THE TREASURER FOR FUNDING FOR ADDITIONAL
STAFF - APPROVED
Mr. Orndoff, Treasurer, appeared before the Board and re-
quested a supplemental appropriation for his recently approved
position of Compliance Officer and stated that he was requesting
D Step at a salary of $25,000.
Upon motion made by Dudley H. Rinker, seconded by Robert M.
Rhodes and passed unanimously, the above request was approved.
TROPHY PRESENTED TO THE COUNTY FOR WINNING ONE MILE
RACE
Mr. Riley presented to the Board a trophy which the County
won as the result of being winners over the City in a recent one
mile race. He stated that the trophy will remain with the
County for one year, or until the next race.
COUNTY RESIDENTS FILE FOR AT -LARGE POSITION ON
Mr. Stiles noted that eight County residents had expressed
interest in serving as an At -Large member on the School Board.
Following discussion, it was the consensus of the Board
that they would meet on Monday, July 3, at 6:00 P.M., in the
Board Room in Executive Session and allow one half hour for each
interview.
The Board will announce at the Board meeting on July 12 the
individual they have selected.
REQUEST FROM THE STAAP CORPORATION - TABLED
Mr. Wayne Miller, Manager of the Shawneeland Sanitary
District, appeared before the Board and stated that the STAAP
Corporation is interested in purchasing the structure in Shawnee -
land known as the "Stockade" and they have made a proposal to
the Board relating to this purchase and he is at this time
requesting guidance from the Board. Mr. Miller further
explained that it would cost approximately $250 to have this
surveyed. Mr. Miller informed the Board that he had not
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received the $10,000 "good faith" deposit that was to be
forthcoming from STAAP.
It was the consensus of the Board that this be tabled until
additional information is available.
Ms. Diane Clevenger, lot owner in Shawneeland, appeared
before the Board and stated that she had been trying for some
time to place a trailer on her lot at Shawneeland and felt that
she had received nothing but harassment from Frederick County.
Mr. Stiles asked Mr. Riley to check into Ms. Clevenger's
complaints.
CONDITIONAL USE PERMIT #004 -89 of WILLIAM E. GILL -
GAINESBORO MAGISTERIAL DISTRICT - APPROVED
Mr. Watkins, Planning and Development Director, presented
this request and stated that the Planning Commission recommended
approval.
Mr. Gill addressed the Board on behalf of his request and
stated that he was not aware of any zoning problem.
Mr. Crosen stated that this is an area that is residential
and that Mr. Gill is operating a business from his home. Mr.
Crosen asked Mr. Gill if he at one time had the business at
another location and how many vehicles he had currently parked
at his location.
Mr. Gill replied that yes, the business was located else-
where and that there are ten vehicles currently partked at his
home.
Mr. Stiles stated that this does not fit the exact meaning
of a conditional use permit but that the Planning Commission
felt, short of putting Mr. Gill out of business, this was the
best solution at this point.
Mr. Crosen asked Mr. Gill if he planned on expanding in the
future.
Mr. Gill replied no.
Mr. Crosen stated that it was his understanding that all
business vehicles were to be parked off the street.
Mr. Gill replied that was correct.
313
Mr. Crosen stated that this is a residential area but that
he did not want to put Mr. Gill out of business so he would move
for approval subject to an annual review.
Upon motion made by Roger L Crosen, seconded by W.
Harrington Smith, Jr. and passed unanimously,,-conditional use
permit number 004 -89 of William E. Gill, Route 5, Box 826,
Winchester, Virginia, for a cottage occupation for a heating and
air conditioning business was approved, subject to an annual
review. This property is located on Route 852 and is identified
as Parcel 123 -0 on Tax Map 42 in the Gainesboro Magisterial
District.
COMMITTEE REPORTS
PARRS AND RECREATION COMMISSION REPORT
Mr. Rinker, Board liaison on the Parks and Recreation
Commission, presented the following report:
The Parks and Recreation Commission met on June 20, 1989.
Members present were: Robert Roper, Carole Ambrogi, Donald
Wilson, Courtland Smith, Carmen Rio and Dudley Rinker.
The following action was taken:
11 Request for Impact Funds - Town of Middletown - Approved
The Town of Middletown has requested $2,500 for development
of a park in the Opequon District. Mr. Rio recommended the
Commission appropriate $2,500 for the Middletown Park, contin-
gent upon approval of the park plan by the Parks and Recreation
staff, seconded by Mrs. Ambrogi, carried unanimously.
Upon motion made by Dudley H. Rinker, seconded by Robert M.
Rhodes and passed unanimously, the above request was approved.
TRANSPORTATION COMMITTEE REPORT
Mr. Watkins presented the following report:
At their meeting of Monday, June 5, 1989, in the Conference
Room of the Old County Courthouse, 9 Court Square, Winchester,
Virginia, the Transportation Committee took up the following
items:
Review and Discussion of the Current Road Projects
Priorities for Frederick County s Secondary Roads
No Action Taken by the Board
314
It was decided that staff would put together a proposed
list of road sections and proposed ranking of these sections to
be added to the Six Year Plan.
Discussion of Letter from the Winchester City Manager
Regarding Recommended Alternatives to Planned Improve-
ments to Route 522 - No Action Taken by the Board
A letter from Mr. Daley suggested relocating the proposed
extension of Weems lane to the South such that it would line up
with the new airport road rather than old Bufflick Road. This
would also entail shifting the proposed I -81 overpass to the
South.
The Committee recommends endorsing this suggested altera-
tion to the plan.
Discussion of Letter from Jeff Kessler Reg arding Policy
on Residential Cut - Through Traffic - No A ction Taken by
the Board
Mr. Kessler was unable to attend the meeting therefore
discussion of this item was postponed.
Petition of Property Owners
ments to Route 666 - Approve
arding Needed Improve-
Following a lengthy discussion, the Committee agreed to
endorse the request for improvements to Route 666. The motion
included a recommendation that the Highway Department go ahead
with improvements to the portion of the road where property
owners had agreed to turnover the land needed for the right -of-
way, even if the entire length of right -of -way needed (approxi-
mately one mile) could not be obtained.
The motion also suggested that the Highway Department be
encouraged to accept a forty foot right -of -way if fifty could
not be obtained.
Upon motion made by Charles W. Orndoff, Sr., seconded by
Robert M. Rhodes and passed unanimously, the above was approved.
Discussion of Letter from Polly S. Nail Regarding
Improvements to Route 600 - Approved
The Committee recommends endorsing the suggestion that the
entire section of Route 600 from Route 50 to Route 684 be upgrad
ed rather than doing only a portion of that section.
315
Upon motion made by Roger L. Crosen, seconded by Robert M.
Rhodes and passed unanimously, the above recommendation was
approved.
Discussion of Petition from Property Owners on Route
776 Reqardinq Proposed Tar and Chip Resurfacino -
The Committee went on record in support of mending the road
bed to fill areas where cuts have been made, etc. prior to
reapplying a tar and chip surface.
Upon motion made by W. Harrington Smith, Jr., seconded by
Robert M. Rhodes and passed unanimously, the above was approved.
Mr. Crosen asked about Route 679 being considered for
paving.
Mr. Smith noted that the exceleration lane on Route 50 East
turning onto the Airport Road needed to be made wider.
Other
The Committee discussed and recommends encouraging, VDOT to
move ahead with turn lanes at Route 522 South, turning left
(West) onto Route 50 and on Route 11 North at Welltown Pike.
RURAL ISSUES COMMITTEE REPORT
Mr. Watkins presented this report.
Mr. Riley explained to the Board that this was a critical
issue and the Board needed to follow this very closely.
A copy of this report is on file in the Office of the
County Administrator.
FIRE AND RESCUE COMMITTEE REPORT
Mr. Crosen, Board liaison on the Fire and Rescue Committee,
presented the following report:
The Fire and Rescue Committee met on Monday, June 19, 1989,
at 7:30 P.M., in the Round Hill Volunteer Fire Company facility.
All companies were present except Companies 16 and 19. Also
present were Board member Roger L. Crosen and Fire Marshall
Douglas A. Kiracofe.
The following items were discussed, however, none require
Board action at this time:
Emergency Services Coordinator's Report
316
Homer Sanders submitted his monthly activities which
included the following items:
a. Responded to five spills of petroleum products during
May,
b. Twenty no response calls occurred during this month,
and
c. Plans for disaster shelters are now being coordinated
by Mrs. Mandel of the Department of Social Services.
Fire Marshall's Report
Doug Kiracofe reported that there were 268 incidents in the
last month and he was called to investigate and /or assist seven
of those incidents. He also stated that the Circuit Court Jury
indicted one individual in the arson of Action Cycle and Power
Equipment. Doug is also looking into the false alarm problems
at Cedar Creek Apartments in Middletown and Comfort Inn in
Stephens City.
Personal Property Tax Exemption (PPTE)
The PPTE standards for eligibility that the subcommittee
proposed were presented by Perry Silva. Discussion followed and
each representative is to return this information to their
companies and report back in July.
Mr. Crosen stated that there would be a limit.
Mr. Rhodes stated that the vehicles would have to be proper-
ly marked and identified.
Mr. Crosen explained that this should have serious conside
ation and it would have to be policed.
Mr. Rhodes stated that he would like this referred back to
the Fire and Rescue Committee.
Mr. Perry Silva, President of the Firemen's Association,
informed the Board that it was up to the Board members to set
the ground rules.
Career Fire and Rescue Personnel
There was some discussion about the testing and hiring pro-
cedures for the career fire and rescue personnel who are planned
to be hired by July 1, 1989.
Mr. Rinker stated that he understood that the testing had
been changed from what had been agreed upon originally.
3
Mr. Riley stated that he would check and see where the
inconsistentcies are.
BOARD RETIRED INTO EXECUTIVE SESSION
Upon motion made by Robert M. Rhodes, seconded by Dudley H.
Rinker and passed unanimously, the Board retired into Executive
Session in accordance with Virginia Code, 1950, as amended,
Section 2.1 -344, Subsection A (1) and (6) to discuss Personnel
and Legal matters.
BOARD WITHDREW FROM EXECUTIVE SESSION
Upon motion made by Roger L. Crosen, seconded by Dudley H.
Rinker and passed unanimously, the Board withdrew from Executive
Session.
BOARD RECONVENED INTO REGULAR SESSION
Upon motion made by Roger L. Crosen, seconded by Dudley H.
Rinker and passed unanimously, the Board reconvened into Regular
Session.
COMMONWEALTH'S ATTORNEY TO REVIEW WHEATLANDS DOCUMENTS
Mr. Stiles explained that the Board has instructed the
Commonwealth's Attorney to review documents concerning Wheat-
lands and get back to the Board as to his opinion on what the
County's position is on the following:
1. Prohibit said development.
2. Regulate the density of said development.
3. Severely limit development based upon the close
proximity of a public fishing lake.
4. Can the County of Clarke prohibit access to said
development because of required ingress and egress
through its boundaries?
COUNTY TO PAY EMPLOYEES' SHARE OF VSRS
Mr. Rhodes explained that the Board had discussed the
recent health insurance increase that will be passed on to the
County employees in addition to the fact that they will no
longer have dental coverage effective July 1, 1989.
The Board felt that in an effort to help offset some of
this increase they have decided to pay the employees share of
VSRS.
The above was approved by the following recorded vote: Aye
- Kenneth Y. Stiles, Robert M. Rhodes, Dudley H. Rinker, W.
31_ s
Harrington Smith, Jr. and Charles W. Orndoff, Sr. Nay - Roger
L. Crosen.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY,
IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN.
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Clei4e, ard of Sup visors