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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 309 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 310 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 311 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 31_ 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. q --) I ' A - Clei4e, ard of Sup visors