July 12, 1989 Regular Meeting320
A Regular Meeting of the Frederick County Board of Super-
visors was held on July 12, 1989, at 7:15 P.M., in the Board of
Supervisors' Meeting Room, Frederick County Courthouse, Loudoun
Street Mall, Winchester, Virginia.
PRESENT: Kenneth Y. Stiles, Chairman; Robert M. Rhodes,
Vice - Chairman; Dudley H. Rinker; Roger L. Crosen; W. Harrington
Smith, Jr. and Charles W. Orndoff, Sr.
CALL TO ORDER
The Chairman called the meeting to order.
INVOCATION
The invocation was delivered by the Reverend Paul G.
Gunsten of the Grace Lutheran Church.
ADOPTION OF AGENDA
Mr. Stiles stated that he had an item under "County
Officials ".
Mr. Riley noted that Mr. Malcolm, School Superintendent,
was present to discuss with the Board a mechanical problem at
Middle School and that Mr. Dave Holliday had a request concern-
ing Lake Centre which is on tonight's agenda. He further stated
that Mrs. Feik, County resident, would like to address the Board
concerning a zoning violation.
Mr. Crosen stated that he had the Law Enforcement and
Courts Committee Report to present to the Board for discussion
and appropriate action.
Upon motion made by Dudley H. Rinker, seconded by Robert M.
Rhodes and passed unanimously, the Agenda was adopted as amend-
ed.
ANNE NEMETH- BARATH APPOINTED TO THE 2020 TASKFORCE TO
Upon motion made by Roger L. Crosen, seconded by Dudley H.
Rinker and passed unanimously, Anne Nemeth - Barath was appointed
to the 2020 Taskforce to replace Rhoda W. Maddox as she is no
longer living in this area.
LLOYD A. "STEVE" PUTNAM REAPPOINTED TO THE FREDERICK -
WINCHESTER SERVICE AUTHORITY
Upon motion made by Dudley H. Rinker, seconded by W.
Harrington Smith, Jr. and passed unanimously, Lloyd A. "Steve"
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Putnam was reappointed to the Frederick - Winchester Service
Authority, said term to expire August 26, 1992.
JAMES GOODRICH, SR. APPOINTED TO HISTORIC RESOURCES
BOARD
Upon motion made by Robert M. Rhodes, seconded by W.
Harrington Smith, Jr. and passed unanimously, James Goodrich,
Sr. was appointed to the Historic Resources Board as a represen-
tative from Back Creek Magisterial District.
CAROLYN S. W
ATED TO THE AT -LARGE POSITION
Mr. Rhodes stated that following the interviews that were
conducted by the Board on July 3 and discussion by the Board, it
was their consensus that Ms. Carolyn S. Williams, of Mountain
Falls Route, be nominated for the At -Large position on the Board
of Education.
A public hearing will be held on this nomination at the
August 9 1989 Board of Supervisors' meeting.
COUNTY RECEIVED DISTINGUISHED SERVICE AWARD FROM THE
STATE FFA
Mr. Stiles stated that he had recently attended the State
FFA Convention in Blacksburg and at that time was presented with
a plaque that he would like to present to the Board. He further
noted that Frederick County was the only County in the State of
Virginia to receive such an award.
R. THOMAS MALC
BOARD RE; MECH
SCHOOL
ADDRESSED THE
Mr. Tom Malcolm, Superintendent of Schools, appeared before
the Board and explained that there are mechanical problems at
Middle School and funds are needed for condensation work. He
further stated that the system is not in any immediate danger,
however, the longer the corrections to the system are delayed,
the more the repairs will cost. He stated that there was only
one bid received and that the project would take approximately
ninety to one hundred twenty days to complete, however, the
funds available for this project is $45,000 short.
Mr. Orndoff asked if the possibility of air conditioning
the school was still being considered.
Mr. Malcolm replied yes, but that this was more pressing.
32
Mr. Stiles stated that he felt the requested $45,000 should
come from County Reserves.
Upon motion made by W. Harrington Smith, Jr., seconded by
Robert M. Rhodes and passed unanimously, the expenditure of
$45,000 from Reserves for repairs to Middle School in order to
correct the condensation problems was approved.
REZONING APPLICATION #009-890F LAKE CENTRE -
SHAWNEE MAGISTERIA DISTRICT - WITHDRAWN
Mr. Chuck Maddox, of G. W. Clifford Associates, appeared
before the Board on behalf of the Petitioner, Dave Holliday,
wherein he requested that this request be withdrawn. He further
stated that it had been brought to the Petitioner's attention
that the notice that is required of anyone requesting a rezoning
be posted in the area that is being requested to be rezoned and
this was not done, therefore he was withdrawing his request.
Mr. Maddox did request that the Planning staff be allowed
to review the plans for the master development in order that
this will not be held up in the event this is approved by the
Board at their meeting on August 9, 1989.
Upon motion made by W. Harrington Smith, Jr., seconded by
Dudley H. Rinker and passed unanimously, the request for with-
drawal of rezoning application number 009 -89 of Lake Centre was
approved.
SAUNDRA FEIK, COUNTY RESIDENT, ADDRESSED THE BOARD RE:
Mrs. Saundra Feik, resident of Plainfield Heights, appeared
before the Board to voice her displeasure on how the County
staff and Board members handled the zoning violations of Carl
Frye and his trailers on a lot that adjoins Plainfield Heights.
Mrs. Feik explained that the Board discussed extending Carl
Frye's violation notice at a meeting that was held specifically
for interviewing School Board candidates, and further that this
was done in Executive Session and no notice was given to the
public indicating that the Board planned to discuss anything
pertaining to Carl Frye and his violation notice.
Mr. Stiles explained that he felt the decision of the Board
to extend Mr. Frye's time until July 31, 1989 will in fact get
323
the trailers off the property much faster than waiting for the
Court to take action as Mr. Frye has been told for every day
after July 31 that the trailers remain at this site he will be
fined $1,000 per day.
Mr. Smith asked if the Planning Commission had approved Mr.
Frye's request.
Mr. Stiles replied no, they had recommended denial.
Mr. Smith stated that had he known the Planning Commission
voted for denial at the meeting on July 3, 1989 he would not
have voted to give Mr. Frye unitl July 31, 1989 to move the
trailers.
The Board explained to Mrs. Feik that the only reason the
extension was even considered was due to the fact that the Board
felt this would be the most expeditious way to get the trailers
off the property rather than waiting for the Court.
Mrs. Feik did not see it that way, she felt the trailers
should never have been allowed on the property to start with and
that Mr. Frye had added three additional trailers to those that
are already there knowing that he was in violation, and further,
that she was not at all satisifed with the way the Board had
handled this matter.
Chairman Stiles left the meeting at this time to attend
another meeting and Vice - Chairman Rhodes presided over the re-
mainder of the meeting.
CORRESPONDENCE TO STATE COMPENSATION BOARD RE:
SHERIFF'S DEPARTMENT 1989-1990 BUDGET - APPROVED
Upon motion made by Roger L. Crosen, seconded by Charles W.
Orndoff, Sr. and passed unanimously, the Board approved that the
following letter be sent to the State Compensation Board on be-
half of the Sheriff's Department:
July 6, 1989
J. T. Shropshire
Chairman
State Compensation Board
P. O. Box 3 -F
Richmond, VA 23206
Dear Mr. Shropshire:
The Frederick County Board of Supervisors, meeting in
regular session on July 12, 1989, unanimously voted to appeal
324
the 1989 -1990 budget of the Sheriff of Frederick County pursuant
to Section 14.1 -51 Code of Virginia, 1950, as amended.
Please advise the County Administrator of the scheduled
hearing date.
Sincerely,
/s/ Kenneth Y. Stiles
Kenneth Y. Stiles
Chairman, Frederick County
Board of Supervisors
KYS /tjp
cc: Sheriff Charles L. Sturdivant
REQUEST FROM AMHERST COUNTY RE: RESOLUTION PERTAINING
TO ADVERTISING FOR THE STATE LOTTERY - NO ACTION TAKEN
It was the consensus of the Board to take no action on the
request from Amherst County for Board endorsement of a resolu-
tion regarding advertising for the State Lottery.
REQUEST FROM THE VIRGINIA HOUSING DEVELOPMENT AUTHORITY
FOR BOARD APPROVAL OF SIX UNITS IN THREE BUILDINGS IN
SECTION 3 OF BATTLEVIEW SUBDIVISION, FOREST AVENUE -
APPROVED
Mr. Riley presented this request.
Mrs. Debra Overstreet, Chapter 10 Board member, appeared
before the Board to explain this request and answer any ques-
tions the Board might have.
Mr. Crosen asked if an organization would be owners of the
property.
Mrs. Overstreet replied yes.
Upon motion made by Charles W. Orndoff, Sr., seconded by
Dudley H. Rinker and passed unanimously, the above request for
six units in three buildings in Section 3 of Battleview Subdivi-
sion, Forest Avenue, was approved.
REQUEST FOR CONDEMNATION OF "HACKWOOD LANE" BY OWNERS
OF STINE INDUSTRIAL PARK LAND - APPROVED
Mr. Riley presented this request.
Mr. Tom Dickinson, local Attorney, appeared before the
Board on behalf of this request and stated that the purpose of
the condemnation is to provide additional public access to the
industrial park land.
No one appeared in opposition to this request.
325
Upon motion made by Charles W. Orndoff, Sr., seconded by W.
Harrington Smith, Jr. and passed unanimously, the condemnation
of "Hackwood Lane" was approved.
PLANNING COMMISSION BUSINESS
PUBLIC HEARING
CONDITIONAL USE PERMIT #010 -89 OF NICK TURNER -
SHAWNEE MAGISTERIAL DISTRICT - APPROVED WITH CONDITIONS
II Mr. Watkins, Planning and Development Director, presented
this request and stated that the Planning Commission recommended
approval with conditions.
Mr. James L. McManaway, Realtor involved in this trans-
action, requested that number 3 of the conditions be removed.
Mr. Rinker stated that he felt that number 6 of the condi-
tions was too restrictive and needed to be clarified.
Following Board discussion, it was the consensus of the
Board to add to condition number 6, "working on premises full
time ".
Upon motion made by W. Harrington Smith, Jr., seconded by
Dudley H. Rinker and passed unanimously, conditional use permit
number 010 -89 of Nick Turner, 12319 Popes Head Road, Fairfax,
Virginia, for a landscape and lawn service was approved as amend-
ed. This property is located on Route 645 and is identified as
Parcel 137 -B on Tax Map 76 in the Shawnee Magisterial District.
CONDITIONAL USE PERMIT #011 -89 OF RICHARD L. AND
MARGARET D. GOODWIN - BACK CREEK MAGISTERIAL DISTRICT -
APPROVED AS AMENDED
Mr. Watkins presented this request and stated that the Plan-
ning Commission recommended approval with conditions.
Mr. Goodwin was present on behalf of his request.
Mr. Crosen requested that no abandoned or junk vehicles be
stored on the premises, only vehicles awaiting repair.
Upon motion made by W. Harrington Smith, Jr., seconded by
Roger L. Crosen and passed unanimously, conditional use permit
number 011 -89 of Richard L. and Margaret D. Goodwin, Hayfield
Station, Hayfield, Virginia, for a public garage was approved as
amended. This property is located on Route 50 at Hayfield and
is identified as Parcel 38 on Tax Map 39 in the Back Creek
Magisterial District.
326
REZONING APPLICATION 0009 -89 OF LAKE CENTRE - SHAWNEE
MAGISTERIAL DISTRICT - WITHDRAWN
This rezoning application request was withdrawn as stated
earlier in the meeting.
ORDINANCE AMENDMENTS
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE,
runvmrru '71. MWTWC? ARTICLE I. IN GENERAL: SECTION 1 -5
Ur' 1MYAUT:j Vr' Tnn AZAVW.L"Ii - trfrrX%VVMU
Upon motion made by Dudley H. Rinker, seconded by Charles
W. Orndoff, Sr., and passed unanimously, the following ordinance
amendment was approved:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE,
CHAPTER 21, ZONING ORDINANCE; ARTICLE I, IN GENERAL;
SECTION 1 -5, AMENDMENTS TO CHAPTER; SUBSECTION 1 -5 -5,
IMPACT ANALYSIS; TO READ AS FOLLOWS:
1 -5 -5 IMPACT ANALYSIS - A report analyzing the impacts
of any rezoning shall be required to be submitted
with any application for rezoning. The Director
of Planning and Development may exempt rezoning
applications from this requirement if no
significant impacts are anticipated. No rezoning
application shall be exempted from the requirement
for impact analysis if it can be projected to
generate vehicle traffic amounting to more than
four hundred (400) average daily trip ends as
projected using standard methods and sources.
The impact analysis shall be in the form of a
report meeting standards set forth in the
Comprehensive Plan and standards published by the
Department of Planning and Development. The
Planning Director shall determine which issues
need to be addressed.
In general, the impact analysis shall assume the
maximum density or intensity of development
allowed under the rezoning classification. Lesser
densities or intensities can be assumed if such
lesser densities or intensities are proffered as
conditions on the rezoning. In general, the
maximum possible impacts shall be assumed unless
conditions are proffered to lessen those impacts.
The impact analysis may be based on a particular
master development plan or site plan only if that
plan is proffered as a condition of the rezoning.
The impact analysis shall include the following:
1 -5 -5.1 The use of surrounding land and potential
economic, physical, visual, nuisance and other
impacts on surrounding properties.
1 -5 -5.2 The anticipated increase in traffic to be
generated as a result of the rezoning, anticipated
entrance locations, anticipated changes in traffic
patterns and turning movements on public streets,
and anticipated impacts on the capacity and
efficiency of existing and planning public roads.
1 -5 -5.3 The anticipated methods by which sewer and water
327
1 -5 -5.9 Other specific impacts as requested by the
Director of Planning and Development.
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER
21, ZONING; ARTICLE I, IN GENERAL; SECTION 1 -5, AMENDMEN'
TO CHAPTER! 9LiF39RrTTnw 1_S_ti 0AMnrmrnLTXT U^VTTXTn_ m.,
Crosen 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, AMENDMENTS
TO CHAPTER; SUBSECTION 1 -5 -6, CONDITIONAL ZONING; TO READ
AS FOLLOWS:
1 -5 -6 CONDITIONAL ZONING - The applicant for a rezoning
may proffer in writing, before the public hearing
by the Board of Supervisors, conditions to be
placed on the approval of the rezoning.
1 -5 -6.1 Procedures - Proffers shall be presented to the
Planning Commission at the advertised public
hearing for the rezoning. The Planning Commission
shall make a recommendation on the acceptance of
the proffers and the rezoning to the Board of
Supervisors following the procedures described for
amendments to this Chapter. Final proffers shall
be received in writing, signed by the owner and
applicant, at least five (5) days prior to the
advertised hearing of the Board of Supervisors.
1 -5 -6.2 Proffer Standards - The conditions proffered shall
meet the following standards:
1 -5 -6.2.1 The rezoning itself must give rise to the need for
the conditions.
1 -5 -6.2.2 Such conditions shall have a reasonable relation
to the rezoning.
1 -5 -6.2.3 All conditions shall be in conformity with the
Upon motion made by Dudley H. Rinker, seconded by Roger L.
facilities will be provided to the site.
1 -5 -5.4 The anticipated increase in potential population
resulting from the rezoning, including the
potential increase in population in various age
groups.
-
1 -5 -5.5 The projected additional demand for school
facilities, public parks and recreation
facilities, solid waste facilities, emergency
services facilities and other public facilities.
1 -5 -5.6 Anticipated stormwater impacts.
1 -5 -5.7 The location of important environmental features
on the site and anticipated environmental impacts.
1 -5 -5.8 The location of historic structures and sites in
relation to the site and impacts on those historic
structures and sites.
1 -5 -5.9 Other specific impacts as requested by the
Director of Planning and Development.
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER
21, ZONING; ARTICLE I, IN GENERAL; SECTION 1 -5, AMENDMEN'
TO CHAPTER! 9LiF39RrTTnw 1_S_ti 0AMnrmrnLTXT U^VTTXTn_ m.,
Crosen 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, AMENDMENTS
TO CHAPTER; SUBSECTION 1 -5 -6, CONDITIONAL ZONING; TO READ
AS FOLLOWS:
1 -5 -6 CONDITIONAL ZONING - The applicant for a rezoning
may proffer in writing, before the public hearing
by the Board of Supervisors, conditions to be
placed on the approval of the rezoning.
1 -5 -6.1 Procedures - Proffers shall be presented to the
Planning Commission at the advertised public
hearing for the rezoning. The Planning Commission
shall make a recommendation on the acceptance of
the proffers and the rezoning to the Board of
Supervisors following the procedures described for
amendments to this Chapter. Final proffers shall
be received in writing, signed by the owner and
applicant, at least five (5) days prior to the
advertised hearing of the Board of Supervisors.
1 -5 -6.2 Proffer Standards - The conditions proffered shall
meet the following standards:
1 -5 -6.2.1 The rezoning itself must give rise to the need for
the conditions.
1 -5 -6.2.2 Such conditions shall have a reasonable relation
to the rezoning.
1 -5 -6.2.3 All conditions shall be in conformity with the
Upon motion made by Dudley H. Rinker, seconded by Roger L.
328
1 -5 -6.5 Enforcement of Conditions - The Zoning
Administrator shall keep records of all conditions
attached to rezoning, which shall be readily
accessible to the public. The zoning map shall
show by appropriate symbol the existence of
conditions accepted for rezonings. In addition,
the Zoning Administrator shall maintain a
conditional zoning index which shall provide for
ready access to the conditions created. Failure
to meet all conditions shall constitute cause to
deny the issuance of building or occupancy
permits. The Zoning Administrator shall enforce
the conditions attached to the rezoning using the
following means:
1 -5 -6.5.1 The ordering in writing of the remedy of any
noncompliance with such conditions.
1 -5 -6.5.2 The bringing of legal action to insure compliance
with such conditions, including injunction
abatement or other appropriate actions.
Comprehensive Plan.
1 -5 -6.3
Types of Proffers - The types of conditions
proffered shall include but, need not be limited
to, the following:
1 -5 -6.3.1
Limitations on the use of the land.
1 -5 -6.3.2
Limitations on the type of housing provided.
1 -5 -6.3.3
Limitations on the density or intensity of the
use.
1 -5 -6.3.4
On site or off site sewer or water improvements.
1 -5 -6.3.5
On site or off site drainage improvements.
1 -5 -6.3.6
On site or off site road, entrance or driveway
improvements.
1 -5 -6.3.7
A particular master development plan or plan
features or site layout features.
1 -5 -6.3.8
Buffer, screening and separation features.
1 -5 -6.3.9
Requirements concerning the phasing or timing of
development.
1 -5- 6.3.10
The dedication of land for planned roads or for
facilities identified in the Frederick County
Capital Improvements Plan.
1 -5- 6.3.11
The construction of planned roads or necessary
road improvements.
1 -5- 6.3.12
The construction of facilities identified in the
Frederick County Capital Improvements Plan.
1 -5- 6.3.13
Cash contributions for road improvements or for
planned facilities identified in the Frederick
County Capital Improvements Plan.
1 -5- 6.3.14
Other conditions used to lessen or mitigate the
impacts identified in the impact analysis.
1 -5 -6.4
Amendment of Conditions - Once accepted and
adopted by the Board of Supervisors, such
conditions may only be changed through the
procedures required for ordinance amendments as
described by this Section.
1 -5 -6.5 Enforcement of Conditions - The Zoning
Administrator shall keep records of all conditions
attached to rezoning, which shall be readily
accessible to the public. The zoning map shall
show by appropriate symbol the existence of
conditions accepted for rezonings. In addition,
the Zoning Administrator shall maintain a
conditional zoning index which shall provide for
ready access to the conditions created. Failure
to meet all conditions shall constitute cause to
deny the issuance of building or occupancy
permits. The Zoning Administrator shall enforce
the conditions attached to the rezoning using the
following means:
1 -5 -6.5.1 The ordering in writing of the remedy of any
noncompliance with such conditions.
1 -5 -6.5.2 The bringing of legal action to insure compliance
with such conditions, including injunction
abatement or other appropriate actions.
329
1 -5 -6.5.3 The requiring of a guarantee, satisfactory to the
Board of Supervisors, in an amount sufficient for
the construction of any improvements required by
the conditions or a contract for the construction
of such improvements. The applicant's guarantee
shall be reduced or released by the Zoning
Administrator upon the completion in whole or in
part of such improvements.
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER
Upon motion made by W. Harrington Smith, Jr., seconded by
Dudley H. Rinker and passed unanimously, the following ordinance
amendment was approved:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER
21, ZONING ORDINANCE; ARTICLE VI, MASTER DEVELOPMENT
PLANS; TO READ AS FOLLOWS:
6 -2 -1 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
R5, Residential, Recreational Community
District
MH -1, Mobile Home Community District
B -1, Business, Neighborhood District
B -2, Business General District
B -3, Industrial Transition District
B -4, Business, Shopping Center District
M -1, Light Industrial District
M -2, Industrial General District
HE, Higher Education 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 -3 B -1, B -2, B -3, B -4, AND HE DISTRICTS - The
Director of Planning and Development may waive the
requirements of a master development plan in the
B -1 (Business Neighborhood), B -2 (Business
General), B -3 (Industrial Transition), B -4
(Business Shopping Center), or HE (Higher
Education) zoning districts if the proposed
subdivision or development:
6 -3 -3.1 Contains less than five years in the B -1 or HE
districts or contains less than ten (10) acres in
the B -2, B -3, or B -4 Districts, and;
330
6 -5 -4 CONTENTS OF A PRELIMINARY MASTER DEVELOPMENT PLAN
IN THE M -1 (INDUSTRIAL LIMITED) DISTRICT, THE M -2
(INDUSTRIAL GENERAL) DISTRICT, THE B -1 (BUSINESS
NEIGHBORHOOD) DISTRICT, THE B -2 (BUSINESS GENERAL)
DISTRICT, THE B -3 (INDUSTRIAL TRANSITION)
DISTRICT,
THE B -4 (BUSINESS SHOPPING CENTER) DISTRICT, OR
THE HE (HIGHGER EDUCATION) DISTRICT
OTHER PLANNING ITEMS
PRELIMINARY MASTER DEVELOPMENT PLAN - STEPHENS CITY
PROFESSIONAL CENTER - APPROVED
Mr. Watkins presented this request and stated that the Plan-
ning Commission recommended approval.
A slide showing the size of this project as well as the
location was presented.
Mr. Chuck Maddox, Project Engineer for this project,
addressed the Board at this time.
Screening for the project was discussed and Mr. Maddox ex-
plained that no one was in favor of fencing.
Upon motion made by W. Harrington Smith, Jr. and seconded
by Roger L. Crosen, to approve the above preliminary master
development plan of Stephens City Professional Center.
The above motion was passed by the following recorded vote:
Aye - Robert M. Rhodes, Roger L. Crosen, W. Harrington Smith,
Jr. and Charles W. Orndoff, Sr. Abstained - Dudley H. Rinker
RESUBDIVISION REQUEST - GREENBRIER VILLAGE, SECTION
3 - APPROVED
Mr. Watkins presented this request and noted that the Plan-
ning Commission recommended approval.
Mr. B. J. Tisinger, Attorney, addressed the Board on behalf
of the Petitioner and stated that these lots are a little larger
than the first lots that were developed.
Upon motion made by Dudley H. Rinker and seconded by
Charles W. Orndoff, Sr., to approve the resubdivision request of
Greenbrier Village, Section 3.
The above motion was passed by the following recorded vote:
Aye - Robert M. Rhodes, Dudley H. Rinker, W. Harrington Smith,
Jr. and Charles W. Orndoff, Sr. Nay - Roger L. Crosen.
COMMITTEE REPORTS
GORE SCHOOL REPORT /UPDATE
331
Mr. Crosen presented this report and explained that at this
point the Committee needs direction from the Board as the
Committee has discussed various uses for this building, i.e.,
day care, offices, etc.
Following discussion, it appeared that a day care center
seemed to be the area of most interest.
Upon motion made by Roger L. Crosen, seconded by Dudley H.
Rinker and passed unanimously, for the staff to work on a RFP
for the Gore School.
CODE AND ORDINANCE COMMITTEE REPORT
Mr. Smith, Chairman of the Code and Ordinance Committee,
presented the following report:
The Code and Ordinance Committee met on Thursday, July 6,
at 8:30 A.M., in the County Administrator's Office. Present
were Board members W. Harrington Smith, Jr. and Charles W.
Orndoff; Committee member George W. Johnston, III; County Admini-
strator John R. Riley, Jr.; and Assistant County Administrator
Stephen F. Owen. Committee member Stephen G. Butler was absent.
The following items were discussed:
Items Requiring Board Action
ise Ordinance - Referred Back to the Code and Ordinance
__ _ 1 L _ _
The Committee reviewed the attached legal opinion from the
County Attorney on a noise ordinance and heard from Maggie Wolf
Peterson relative to a noise complaint. After some discussion,
the Committee unanimously recommends that the Board direct the
County Attorney to draft a noise ordinance which will be narrow-
ly framed, with objective standards, to address animal (dog),
unnatural, and unusual noises not confined to properties from
which they originate.
Following discussion, it was the consensus of the Board for
the Code and Ordinance Committee to have a public meeting with
11 the County Attorney in order that citizens might be able to
attend and discuss their concerns with the Committee.
Mr. Crosen asked if the State Code had changed concerning
noise ordinances.
Mr. Ambrogi replied no.
� p
(J f
Mr. Crosen asked if this would apply only to areas zoned
residential and further that he felt it would be very difficult
to enforce.
Mrs. Maggie Wolf Peterson appeared before the Board and
requested that this meeting be held as soon as possible as she
felt there is a definite need for a noise ordinance.
Mr. Ambrogi explained that citizens could always bring
civil action against their neighbor because of barking dogs.
The County Administrator's office will coordinate this meet-
ing.
Ms. .Linda Oster, resident from Shawnee District, addressed
the Board with regard to her neighbor's barking dog and stated
that it would seem as soon as it gets dark this dog starts bark-
ing and continues to bark through the night which means very
little sleep for her and her family.
The County Administrator will arrange a meeting within the
next few weeks with Code and Ordinance Committee for further
discussion of this citizen concern.
Development Fee Waiver Policy - Referred Back to Staff
and Committee
The Committee discussed the problem of fire companies and
other non - profit organizations being charged for plan reviews
and permits. It was unanimously recommended that the Board
direct staff to develop some guidelines for fee waivers to be
administered by the Planning and Building Departments which
would require meeting a two -fold test. The test would first be
that the applicant fit within a nonprofit classification set
forth in the State Code and second, that the proposed improve-
ments not substantially change the use and /or impact on adjacent
uses and facilities.
Mr. Crosen stated that he felt this should be for Fire and
Rescue.
It was the consensus of the Board to refer this back to
staff and committee.
Information Items Only
County Traffic Ordinance
333
The Committee reviewed an opinion from Mr. Ambrogi relative
to the statutory authority to adopt a County traffic ordinance.
It was the consensus of the Committee to study this issue some
more and to obtain a copy of the current fine schedule used by
Judge Simpson.
Short Term Rental Business Personal Property Tax Exemption
The Committee discussed the impact of legislation passed by
the 1989 General Assembly to exempt personal property taxes on
rental businesses meeting certain criteria.
PUBLIC WORKS COMMITTEE REPORT
Mr. Orndoff, Chairman of the Public Works Committee, pre-
sented the following report:
The Public Works Committee met on Wednesday, July 5, 1989,
at 7:30 A.M. Present were Board members Charles W. Orndoff, Sr.
and W. Harrington Smith, Jr.; County Administrator John R.
Riley, Jr.; and Assistant County Administrator Stephen F. Owen.
Committee member Keith A. Tubandt was absent.
The following items were discussed:
Items Requiring Action
Animal Shelter Caretaker Classification Request - Approved
The Committee discussed and recommends Board approval of
classifying the part time Animal Shelter Caretaker to a Laborer
I, thereby making the position full time. The responsibilities
of the position have increased dramatically with the new shelter
and full work week hours are being consistently posted. A supp-
lemental appropriation to the appropriate line items of $5,600
will also be needed to cover the expanded hours and benefits.
Upon motion made by Charles W. Orndoff, Sr., seconded by W.
Harrington Smith, Jr. and passed unanimously, the above was
approved.
Information Items Only
Camp 7 Compactor
Steve Owen reported that Warren County has turned down
Clarke County's request that Warren participate in helping fund
the operational expenses for the Camp 7 compactor station.
Fire Companies' No Responses
334
Data from January through April were reviewed which indi-
cate the number of "no- responses" by the fire and rescue
companies. More data collection and analysis was recommended.
Cat Policy
The County's policy of contracting with the SPCA for the
handling of cats was reviewed and no changes were recommended.
Recycling Grant
The County's participation in a recycling grant project
with the Lord Fairfax Planning District Commission was discussed
and is not recommended.
Mr. Rinker asked why.
Mr. Riley replied that staff is not convinced at this point
that it would be worthwhile for the County to participate.
Refuse Collection Stations
Problems associated with the conversion of dumpster sites
to compactors at Middle Road - Relief and Rt. 613 - Shawneeland and
with establishing dumpsters in the White Hall area were discuss-
ed. Committee members and staff will continue to work on these
projects.
Mr. Owen explained that he was not having any luck finding
property.
Abandoned Vehicle Program
Staff reported that newspaper advertisements of the aba
ed vehicle program are now being run. Harrington Smith noted
the problem of vehicle owners not receiving their payment in a
timely manner. (Since the meeting, Zuckerman Company has agreed
to pay vehicle owners up front when the vehicles are picked up).
The following is an update to the Public Works' Committee
Report dated July 7, regarding the Animal Shelter Caretaker
Classification request. A supplemental appropriation of $5,600
was requested, however, after further review, internal transfers
as indicated below will accomplish the same result without re-
quiring new funds so soon into the new fiscal year.
Transfer From
Transfer To
AmniinF
10- 4305 - 1003 -01
(Part -time Wages)
10- 4305 - 1001 -02
(Salary)
$7,800.00
10- 4305 - 7011 -00 10- 4305 - 1001 -92 $2,550.00
335
(ADP Equipment)
10 -4305- 7011 -00
(ADP Equipment)
(Salary)
10- 4305 - 2005 -00 $1,323.96
(Health Insurance)
These transfers are from the existing part -time wage and
ADP equipment line items. Automation of the shelter can wait as
I am much more concerned with keeping the excellent staff at the
shelter which these transfers will help facilitate. The Animal
Shelter Caretaker (pooper scooper) position may well be the
worst job the County has to offer. Now that this position is
posting as many as 39 hours per week, it is only fair to extend
benefits to the position.
Upon motion made by Charles W. Orndoff, Sr., seconded by W.
Harrington Smith, Jr. and passed unanimously, the above was
approved.
FINANCE COMMITTEE REPORT
Mr. Rinker, Board member on the Finance Committee, pre-
sented the following report:
The Finance Committee met on Wednesday, July 5, 1989, at
1:30 P.M., in the Conference Room at the Treasurer's Office.
Robbie Rhodes was absent, all other members were present.
The following require Board approval:
Request from the Assistant Finance Director for a General
Fund Supplemental Appropriation or FY88 -89 in t e Amount
of $1.077.42 - Approved
The Assistant Finance Director requests a General Fund supp-
lemental appropriation for FY88 -89 in the amount of $1,077.42
for automobile repairs. No additional local funds are requested.
See attached memo. The Committee recommends approval.
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the above was approved.
Request from the Director of Parks and Recr eation for a
General Fund ApproprIation Transfer for F789 -90 in the
Amount of $55,000__- Approved
The Director of Parks and Recreation requests a General
Fund appropriation transfer for FY89 -90 in the amount of $55,000
for soccer field construction. See attached memo. The
Committee recommends approval.
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the above was approved.
336
Mr. Crosen stated that he felt the Parks and Recreation
Department had done a very good job in being able to open the
pool at Sherando on schedule and the fact that the project came
in under bid, that they should be commended for this.
The following are for your information only:
1. The Information Services Director and Finance Director
have included information regarding an I.B.M. maintenance con-
tract.
2. On June 27, 1989, we received a dividend check from the
VMLP in the amount of $45,738.00. This represents surplus and
investment earnings for FY86 -87 and FY 87 -88 for General Liabil-
ity and Automobile Insurance.
3. Attached is a letter from Robert H. Frey concerning the
increase in real estate taxes and our assessment process.
4. The School Finance Director has provided information on
appropriation transfers for the quarter ending March, 1989. See
attached memo.
5. See attached information from the Treasurer regarding
1989 Legislative Summary on Local Tax Legislation.
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 Monday,
July 10, 1989, at 4:00 P.M., in the Old County Courthouse Con-
ference Room. Present were Board members Roger L. Crosen and
Harrington Smith, Jr. and Committee members Larry P. Coverstone
and Charles R. McIlwee. Also present were County Administrator
John R. Riley, Jr.; Sheriff Charles L. Sturdivant; Assistant
County Administrator Stephen F. Owen; Regional Jail Administra-
tor Darnley R. Hodge and Administrative Assistant John E.
Liggett.
The following items were discussed:
Jail Staffing - Approved
The Committee discussed staffing levels at the Jail as re-
quired by the Department of Corrections and not adequately fund-
ed by the State Compensation Board. Following a lengthy discus-
337
Sion, the Committe voted unanimously to recommend to the Board
that the following additional positions be filled at the jail:
7 - Additional Correctional Officers
2 - Clerical Positions
1 - Nurse
1 - Cook
Estimated cost of these additional positions is $250,000
with one -half of the cost to come from the City of Winchester.
11 A supplemental appropriation to the appropriate line items of
$125,000 is also requested.
The Committee further recommended that an appeal be made to
the Compensation Board with regard to the Sheriff's Department
1989 -1990 budget and that the Sheriff proceed with a law suit.
Information Items Only
Discussion of Request from Probation and Parole Office
for Additional Office Space in Judicial Center
The Committee noted that this had been acted upon at an
earlier Board meeting and the Board's position has not changed.
Discussion of Additional Space Needs at the Jail
The possibility of using modular units at the jail to help
relieve the overcrowding was once again discussed and tabled
until additional information is available.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY,
IT W S ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN.
i All,
Cha rman, and of Supervisors 1Het4c;-,B ar of Su visors