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August 09, 1989 Regular Meeting333 A Regular Meeting of the Frederick County Board of Super- visors was held on August 9, 1989, at 7:15 P.M., in the Board of Supervisor's Meeting Room, Frederick County Courthouse, Loudoun Street Mall, Winchester, Virginia. PRESENT: Robert M. Rhodes, Vice - Chairman; Dudley H. Rinker; Roger L. Crosen; W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Kenneth Y. Stiles was absent. CALL TO ORDER Mr. Rhodes, Vice - Chairman, called the meeting to order. INVOCATION The invocation was delivered by Homer Cornish, Associate Chaplain at the Winchester Medical Center. ADOPTION OF AGENDA Mr. Riley requested that the house numbering request that is part of the "Finance Committee Report" be moved to number 3 under "County Officials" as Mr. William Overman was here and rather than have him wait through the entire Agenda, take action on this request at this time. He stated that Mr. William Orndoff, Treasurer, requested to appear before the Board to pre- sent a summary of 1989 taxes. He further stated that he would like to move the "Transportation Committee Report" to number 1 under "Planning Commission Business" and the master development plan of Wakeland Manor to number 1A. Mr. Smith requested discussion of advertisement for public hearings under "County Officials ". Mr. Crosen requested discussion of the Paul Rhinehart tire site under "County officials ". Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the Agenda was adopted as amended. APPROVAL OF MINUTES Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr. and passed unanimously, the minutes of the Regular Meeting of June 14, 1989 were approved as submitted. Mr. Crosen stated that in the minutes of the Regular Meet- ing of June 26, 1989, Pages 6 & 7, under the Gill rezoning, it 339 stated "zoned residential" and the word "zoned" should be deleted. Upon motion made by W. Harrington Smith, Jr., seconded by Roger L. Crosen and passed unanimously, the minutes of the Regular Meeting of June 26, 1989 were approved as amended. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the minutes of the Special Meeting of July 3, 1989 were approved as submitted. SECOND PHASE OF COMPREHENSIVE HOUSE NUMBERING AND FUNDS Mr. Crosen stated that if he understood what was in the report, in order for the Board to get everything they wanted, the total cost would be about $415,000. Mr. Owen replied that the $27,000 was not included in the final figure and that the total cost is $388,000. Mr. Riley explained that the funds are available as $400,000 had been budgeted. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, phase two of the house numbering and mapping system for the County was approved. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the transfer of funds in order that phase two of the above project might be com- pleted was approved. C. WILLIAM ORNDOFF, JR., TREASURER, ADDRESSED THE BOARD RE: SUMMARY OF 1989 TAXES Mr. Orndoff appeared before the Board and presented each Board member with a summary sheet of 1989 taxes showing a break- down of real estate, personal property and Shawneeland Sanitary District taxes, as well as the delinquencies in these same areas. REQUEST FROM BOARD MEMBER W. HARRINGTON SMITH, JR. FOR CHANGE IN PUBLIC HEARING ADVERTISEMENT - APPROVED Mr. Smith explained that because development plans are com- ing in so fast to the Planning Department, the Board of Super- visors needed more time to review these plans, especially those 340 that may include proposed proffers, to be sure that all areas and issues have been adequately identified and addressed. Upon motion made by W. Harrington Smith, Jr., seconded by Roger L. Crosen and passed unanimously, that the Board of Super- visors schedule their own Planning item public hearings was approved. Planning items affected should include rezonings, preliminary master plans, conditional use permits and major text amendments. BOARD SEEKS PERMANENT INJUNCTION AGAINST PAUL AND ALMA RHINEHART FOR STORAGE OF ANY TIRES IN THE FUTURE Mr. Crosen stated that based on what has transpired up to this point concerning tires still being hauled to the farm of Mr. and Mrs. Paul Rhinehart, he would like to know if a perma- nent injunction could be filed against the Rhineharts to prevent any further tires being hauled to this location regardless of what Mr. Rhinehart said they are being used for. Mr. Orndoff asked if the trucks were just being parked at this location but that the tires were being stored elsewhere. Mr. Steve Owen, Assistant County Administrator, explained that it was his understanding that these tires were being used to help bolster a dam that is on the Rhinehart property. Upon motion made by Roger L. Crosen, seconded by Dudley H. Rinker and passed unanimously, to direct the Commonwealth's Attorney to seek a permanent injunction against Mr. and Mrs. Paul Rhinehart and the further storage of any tires on their property located in Frederick County. REQUEST FROM GYPSY MOTH COORDINATOR FOR APPROVAL OF GUIDELINES FOR THE SUPPRESSION PROGRAM - APPROVED Mrs. Betsy Shenk, Gypsy Moth Coordinator, appeared before the Board and gave a breakdown of this year's Gypsy Moth Program and explained what had been accomplished and what was needed for next year in order to combat the Gypsy Moth problem in Frederick County and at this time she requested Board approval of this plan. Upon motion made by Roger L. Crosen, seconded by Dudley H. Rinker and passed unanimously, the guidelines for the Gypsy Moth Suppression Program as outlined was approved. 343 Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the following resolu- tion was approved: WHEREAS, the governing bodies of the Counties of Clarke and Frederick and the City of Winchester entered into an agree- ment in October, 1987, which declared the need for the creation of a regional jail; and WHEREAS, said agreement set forth the division of costs for construction, equipment, operations, and maintenance among the three participating jurisdictions; and WHEREAS, House Bill 1113 was passed by the 1989 Virginia General Assembly which provides for 50 percent State funding of capital improvement costs of new regional jails; and WHEREAS, previous bed space estimates called for the construction of a 146 bed jail; and WHEREAS, current design plans are for a 219 bed jail with another 75 beds for work release; and WHEREAS, the total cost of the new jail is now estimat- ed to be $17,500,000 to be funded as follows: 8,750,000 State Share (50 Percent) 3,937,500 Frederick County Share (22.5 %) 3,937,500 Winchester City's Share (22.5 %) 875,000 Clarke County Share (5 %) 17,500,000 Total (100 %) NOW, THEREFORE, BE IT RESOLVED, by the governing bodies of Clarke, Frederick and Winchester that the Commonwealth of Virginia Board of Corrections is hereby requested to approve additional funding for the regional jail as set forth herein and for the reasons stated. PASSED, this 9th day of August, 1989, by the Frederick County Board of Supervisors. RECOMMENDATION FROM THE PERSONNEL OFFICE RE: FIRE Mr. Riley explained that Mr. Kiracoffe, County Fire Marshall, had resigned to accept a like position with another locality and this position was being recommended to be upgraded at this time. Mr. Crosen stated that every time someone leaves the County, there is a request to have the position upgraded and he disagreed with this and he would like to have this sent back to the Personnel Committee for further discussion. Mr. Smith stated that salary is the reason they couldn't keep the Fire Marshall they had and that this is not an eight to five job, and in order to get a good, qualified person and keep them, they are going to have to pay for them. 344 Upon motion made by Roger L. Crosen, seconded by Dudley H. Rinker and passed unanimously, the above request was referred back to the Personnel Committee. COMPUTER AID DISPATCH /RATE INCREASE FOR E -911 - APPRO FOR PUBLIC HEARING Mr. Riley presented this and stated that the City and the County Committee on Computer Aid Dispatch Systems had reached a conclusion on a vendor and method of payment. He stated that this payment is an increase in the E -911 tariff from seventeen cents (17¢) a month to thirty four cents (34¢) a month on individual telephone bills. Mr. Riley further stated that at this time the Board should approve this for public hearing. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, that the Computer Aid Dispatch /Rate Increase E -911 was approved to advertise for public hearing. APPOINTMENTS TO THE BOARD OF ASSESSORS AND THE OF EQUALIZATION - DISCUSS Mr. Riley explained that it is necessary at this time for each Board member to appoint two individuals from their district, one to serve on the Board of Assessors and one to serve on the Board of Equalization. REQUEST FOR THE SHAWNEELAND SANITARY DISTRICT MANAGER TO BE MADE A FULL TIME POSITION - APPROVED Mr. Riley stated that it had been decided that the position of the Manager of the Shawneeland Sanitary District should be made a full time position. Upon motion made by Dudley H. Rinker and seconded by Charles W. Orndoff, Sr., to approve the above request. The above motion was made by the following recorded vote: Aye - Robert M. Rhodes, Dudley H. Rinker, Roger L. Crosen and Charles W. Orndoff, Sr. Nay - W. Harrington Smith, Jr. PUBLIC HEARING NOMINATION TO THE BOARD OF EDUCATION FOR THE AT -LARGE POSITION No one appeared to address the Board with regard to the nomination of Carolyn Williams as the At -Large member on the School Board. 341 KAREN KOBER, RESIDENT OF SHAWNEELAND, ADDRESSED THE BOARD RE: PROPOSAL FOR FUTURE USE OF LODGE AND SURROUNDING AREA IN SHAWNEELAND Mrs. Karen Kober, resident of Shawneeland, appeared before the Board and presented a proposal to the Board and asked that they consider this proposal and plan with regard to the Lodge and surrounding area of Shawneeland. Mrs. Kober explained that a lot of the citizens of Shawneeland are divided as to what they would like see done in Shawneeland and perhaps this proposal would be an answer to some of the problems that currently exist. Mr. Orndoff asked if this area would be turned over to the Parks and Recreation Department. Mr. Rinker stated that a park in the Western part of the County had been discussed by the Parks and Recreation Commis- sion. Following Board discussion, it was the consensus of the Board to refer this to the Parks and Recreation Commission and the Sanitary District Advisory Board. Upon motion made by Dudley H. Rinker, seconded by Charles W. Orndoff, Sr. and passed unanimously, to refer this to the Parks and Recreation Commission and the Shawneeland Sanitary District Advisory Board. NORTHWESTERN COMMUNITY SERVICES RESOLUTION - TABLED Mr. Riley noted that a copy of the old resolution was in- advertently left out of the Agenda, therefore this would be tabled until the next meeting. ECONOMIC DEVELOPMENT COMMISSION RESOLUTION - APPROVED Mr. Riley explained this resolution to the Board and stated that if the Board decided to rejoin the Lord Fairfax Planning District Commission, the prorated amount would be $10,000 for the remainder of this fiscal year. He stated that this had been discussed during budget deliberations and there was a tie vote at that time and he felt the services provided by the Lord Fair- fax Planning District Commission would be beneficial to the County, and that the County should try it for one year. Mr. Rhodes stated that this was the feeling of the Finance Committee. 4� Mr. Watkins explained that there were various things that they could assist with in the Planning Department that the staff did not have time to do. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the following resolution was approved: WHEREAS, the Winchester - Frederick County Economic Development Commission recommends that the County of Frederick become a member of the Lord Fairfax Planning District. WHEREAS, this membership will permit the Winchester - Frederick County Economic Development Commission to produce and have access to a wide range of statistical data. WHEREAS, the demands of the clients interested in this area are becoming more sophisticated and require an increasingly wide variety of statisticl information. WHEREAS, this will eliminate any immediate need for additional Economic Development Commission staff to collect and organize data. NOW, THEREFORE, BE IT RESOLVED, that the members of the Winchester - Frederick County Economic Development Commission do hereby request consideration of this matter. WINCHESTER REGIONAL AIRPORT AUTHORITY RESOLUTION - APPROVED Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the following resolu- tion was approved: WHEREAS, Paragraph 17, Section 7, Chapter 687 of the Virginia Acts of Assembly known as an Act to create the Winchester Regional Airport Authority, requires each participat- ing political subdivision to agree by resolution to allow the indebtedness of the Winchester Regional Airport Authority to exceed $500,000.00; and WHEREAS, Frederick County is a participating political subdivision of the Winchester Regional Airport Authority; and WHEREAS, the Winchester Regional Airport Authority desires to construct two aircraft storage hangars on Winchester Regional Airport for a sum to exceed $500,000.00 but not to exceed $735,000.00; and, WHEREAS, anticipated revenues received from the indebt- edness are anticipated to exceed the full cost of the loan; NOW, THEREFORE, BE IT RESOLVED, by the Board of Super visors of Frederick County that the County does hereby agree to permit the Winchester Regional Airport Authority to become indebted to a maximum of $735,000.00 for purchase and construc- tion of a 12,000 square foot clear span aircraft storage hangar and a twenty unit T- hangar to be erected and maintained on Winchester Regional Airport. REGIONAL JAIL BOARD RESOLUTION - APPROVED Mr. Riley presented this resolution and stated that it was approved by the City of Winchester and the County of Clarke. 345 Mr. Crosen stated that he would like to have Ms. Williams on the School Board by September 1 and the second Board meeting in August had been cancelled. Mr. Riley explained that the Board could always have a Special Meeting to take care of this. It was the consensus of the Board that they would hold a Special Meeting on August 17, at noon, to vote on the appoint- ment of Ms. Carolyn Williams to the School Board. PLANNING COMMISSION BUSINESS PRELIMINARY ROAD PLAN FOR ROUTES 37, 642 AND 277 - APPROVED Mr. Watkins, Planning and Development Director, stated that the staff had compiled a road plan for collector and arterial roads for the area between the Route 37 extension and Route 277. He further stated that the plan was prepared based on ideas pro- vided by Clifford and Associates and other people, and that the plan described a general layout of major roads that are needed to serve the portions of the urban development area between Parkins Mill and Route 277. He further noted that the County Transportation Committee had reviewed this plan and had given a general endorsement, and that it needed to be reviewed by the Planning Commission. Mr. Smith had some questions regarding Route 522. Mr. Crosen asked about traffic lights on Route 37. Mr. Rhodes asked about restrictions on four lane highways. Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, with Harrington Smith having reservations, the concept of the preliminary road plan for Routes 37, 642 and 277 was approved. MASTER DEVELOPMENT PLAN - WARELAND MANOR - APPROVED Mr. Watkins presented this request and stated that the Plan- ning Commission recommended approval. He stated that he felt the applicant needed to work with the Planning Department on the revised road and that this revised road would come back to the Board. Mr. Rex Wakeman appeared before the Board and explained his plans for this master development. He stated that the lots 346 would be between 110 and 150 feet with 16,500 square foot size lots and that buffers are planned with 66.1 acres scheduled for the open space area. Mr. Wakeman explained that he planned to work with the County and also with Dr. Stafford in order that he have access to his property. He further explained that if this plan has to go back to the Planning Commission, it would be Spring before construction could begin. Mr. Smith stated that if the Board does approve this it would be only for work in Phase I. Mr. Wakeman replied that is correct. Mr. Rinker asked if the collector road would mean changing the other roads. Mr. Watkins replied that to some extent it would. Mr. Mike Bryan, local Attorney, appeared before the Board on behalf of Dr. and Mrs. Stafford and requested that a ten inch water line and access to the Stafford property be included in this plan. Mr. Rhodes stated that he felt the water lines should go back to the Planning Commission. Mr. Crosen asked if the Staffords' had any other means of access. Mr. Bryan replied yes, off of Route 522. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the master development plan of Wakeland Manor was approved. Mr. Watkins explained that he did not want to be picky but was this motion to approve only Phase I of this plan and nothing else until the remainder of the plan is revised. Mr. Smith stated that he would change his motion to reflect this. Mr. Rhodes stated that it was his understanding that no lots were to front on this collector road. Mr. Watkins replied that was correct. The above amended motion was approved unanimously. The Board recessed for ten minutes. SUBDIVISION REQUEST OF PEMBRIDGE HEIGHTS, SECTION II AND PORTION OF SECTION III - APPROVED 347 Mr. Watkins presented this request and noted that the Plann- ing Commission recommended approval. Mr. Bruce Brownell addressed the Board on behalf of his request. Mr. Watkins presented a slide presentation explaining to the Board what is planned for Section II and a portion of Section III. Mr. Crosen asked what the overall size of the lots would be. Mr. Brownell replied 8,000 to 10,000 square feet. Mr. Crosen explained that he felt perhaps the staff needed to look at these lot sizes. There was no public input. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the subdivision request of Pembridge Heights, Section II and portion of Section III was approved. ROAD RESOLUTION — BRENTWOOD TERRACE SUBDIVISION, SECTIONS I, II, III AND IV - APPROVED Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the following resolu- tion was approved: BE IT RESOLVED, that the Virginia Department of Trans- portation 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. Fenwick Court, (50' r /w) Section III From: intersection with Pebble Brook Lane To: 502.65' South of Pebble Brook Lane (cul -de -sac) as recorded in Deed Book 681, Page 691 dated May 26, 1988. Length of Addition: 502.65' or 0.10 miles Pebble Brook Lane, (50' r /w) Sections II, III, IV From: intersection with Windcrest Circle To: 50' West of intersection with Rt. 1252 (Cloverdale Crt.) as recorded on Deed Book 669, Page 214 dated January 7, 1988, Deed Book 681, Page 691 dated May 26, 1988 and Deed Book 681, Page 697 dated May 26, 1988. Length of Addition of 569.00' or 0.11 mile Windcrest Circle, (50' r /w) Sections I, IV From: intersection with Rt. 659 (Valley Mill Road) To: 854.88' South of intersection with Rt. 659 (cul -de -sac) as recorded in Deed Book 646, Page 407, dated May 4, 1987, and Deed Book 681, Page 697, dated May 26, 1988. Length of addition: 854.88' or 0.16 mile 348 The total length of additions being 1926.53' or 0.37 mile. 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. PUBLIC HEARING REZONING APPLICATION #010 -89 OF WILKINS DEVELOPMENT rnnvnaamrnN - RAAWNRE MAGISTERIAL DISTRICT - REFERR Following Board discussion with Mr. Watkins and Mr. Wilkins, it was the Board's consensus to send this request back to the Planning Commission for additional information. REZONING APPLICATION 0012 -89 OF THE TOP OF VIRGINIA DEVELOPMENT CORPO RATION - CALEB HEIGHTS - STONEWALL Mr. Riley noted that this had been tabled by the Planning Commission. REZONING APPLICATION 0013 -89 OF CAPITOL PROPERTIES INC. - OPEQUON MAGISTERIAL DISTRICT - TABLED Mr. Riley noted that this had been tabled by the Planning Commission. REZONING APPLICATION 4014 -89 OF BRUCE E. DOWNING - STONEWALL MAGISTERIAL DISTRICT - TABLED AND RETURNED TO THE PLANNING COMMISSION Mr. Watkins presented this request and stated that the Plan- ning Commission recommended approval. Mr. Bruce Downing appeared before the Board on behalf of his request. Mr. Orndoff explained that he had spoken with the adjacent property owners and there is some question as to where the bound- ary line of this property is as there are boundary stakes locat- ed at points other than what is noted as the boundary lines. Mr. Downing explained that the area had been surveyed and is showing the correct boundary lines. Following Board discussion, it was decided that this needed further study by the staff. Upon motion made by Charles W. Orndoff, Sr., seconded by Dudley H. Rinker and passed unanimously, rezoning application number 014 -89 of Bruce E. Downing was tabled and referred back to the Planning Commission for further study. 349 AN AMENDMENT TO THE FRED ERICK COUNTY CODE, CHAPTER ATKUGTUXBO ANU bITZb UN THE LAND TO BE REZONED" IN THE TYPES OF CONDITIONS PROFFERED - APPROVED Mr. Watkins presented this ordinance amendment request. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr. and passed unanimously, the following ordinance amendment was approved: - AN AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING; TO AMEND ARTICLE I, IN GENERAL; AMENDMENTS TO CHAPTER, TO INCLUDE "THE PRESERVATION OF HISTORIC STRUCTURES AND SITES ON THE LAND TO BE REZONED" TO READ AS FOLLOWS: 1 -5- 6.3.10 Preservation of historic structures and sites on the land to be rezoned. REZONING APPLICATION #009 -89 OF LAKE CENTRE BY DAVID B. HOLLIDAY - SHAWNEE MAGISTERIAL DISTRICT - DENIED Mr. Watkins presented this request and noted that the Plann- ing Commission recommended denial. Mr. Chuck Maddox, Engineer with G. W. Clifford Associates, addressed the Board and explained by way of slides what was plan- ned for this area. Mr. Rinker asked where the lake was in relation to this _ II project as well as the property owned by the School. Mr. Watkins presented two petitions to the Board, one against this rezoning and one in favor of the rezoning. Mr. Phillip Groves, local Attorney, appeared before the Board on behalf of the owner concerning the title to this proper- ty. Mr. Smith stated that the title is not the issue that is being considered by the Board and therefore will not be discuss- ed at this meeting. Mr. David Holliday appeared before the Board and presented two flyers that had been put in everyone's mailbox and that some of the information on these circulars was incorrect. He further stated that this had become a very emotional issue. Mr. Holli- day presented petitions that had been circulated by him that were in favor of this project. He also presented a letter from Mr. Marty Riggleman, County resident living across from the 7 -11 on Route 647, that stated that he had no problems being across 350 from this store in the eighteen years that he has lived there. He further explained that he felt there was a lot of misinforma- tion out there with regard to this project and that he was more than willing to work with the people and help locate the stores and businesses in this area that they would have a need for. The following citizens of Lakeside appeared before the Board to oppose this rezoning request: Mr. Jim Silvester, President of the Lakeside /Wakeland Manor Homeowners Association, opposed this rezoning and noted that the citizens in this area did not need or want the development, i.e., convenience stores, etc., that Mr. Holliday wants to build. Mr. Crosen stated that this area is zoned residential so if they have a choice between thirty -two townhouses or the business-1 es, which did they prefer? Mr. Silvester replied townhouses. Ms. Sharon Frye, representing owners of old Lakeside, stat- ed that they are opposed to any stores being built, it would depreciate the homes in the area, and felt a play area for the neighborhood children is what is really needed and asked that the Board deny this request. Ms. Margaret Hillyard, President of Lakeview Townhouses, was not in favor of any stores being built as there is already too much traffic in this area and more stores would only add to the problem. Mr. Dave Rogers, of Heritage Commerical Realty, Inc., repre - senting La Petite Academy, told the Board that there is a big demand in this area for child care and he felt this would be an ideal area for a child care center to be built as there is a definite need with all the new development that is going on. Mr. Robert Gargiulo, resident of Lakeview Townhouses, opposed the request citing all the traffic currently on Route 642 and how dangerous the hill and curve is that presently turns into Chinkapin Drive, the planned location for this development of stores. 351 Mr. Greg Hall referred to the bus stop located at the loca- tion and how dangerous this site is with all the increased traffic on Route 642 and a development such as this would only increase the danger. He stated that the area residents do not want convenience stores in their neighborhood. Ms. Ann Shull stated that she is opposed to this request as she felt the area is having enough problems with breakins and drainage and a development such as the one proposed would only create more problems in these areas. Ms. Cathy Hall, resident of Aspen Drive, stated that she is opposed to this request and that she would never send her chil- dren to a day care center with a lake located in the back yard, and with regard to the petition that Mr. Holliday had presented in the neighborhood, at no time was the choice of Townhouses mentioned, his staff person stated that the choice was either low income housing or convenience stores. She stated that there is no need for a mall nor is it wanted. Ms. Cheryl Nassick, resident living on Route 642, referred to all the traffic that is currently on 642 and the accidents that she has seen in the last two years and did not feel a development of this nature is needed or wanted by the area resi- dents. Mr. Frank Etings stated that he is opposed to this request for all the reasons stated above. Mr. Jack Nester stated that he is opposed to any conven- ience stores in the area due to all the traffic and conjestion that these type of stores generate. Mr. John Lewis, representing Apple Downs Townshouses that are presently being developed in this area, stated that his con- cern from the very beginning has been that there are no avail- able stores nearby for shopping, and further that he did not feel a development of this type would depreciate the homes that are currently in the area. Mr. Joel Stowe, local Realtor and owner of property in Lake- side, stated that he was in favor of this development as he felt the residents needed stores close to them in order to have the 35 convenience of shopping without having to drive very far to do it. Mrs. Barbara Smith, resident of old Lakeside, did not appre -I ciate individuals who do not live in the area telling those resi -I dents that do what they should or should not have built in their neighborhood. Mr. Holliday stated that the information he provided earli- er with regard to the figures on the bus stop were provided to him by the State Police Department. Mr. Harrington Smith read a prepared statement at this time. He stated that he felt that it is the local government's responsibility to represent the people and the people of Lake- side have spoken with five hundred forty three signatures re- spectfully requesting that the change in zoning is not to their liking. He stated that they must be responsive to the people providing they are right. Mr. Smith stated that this vote will affect the entire County, not just the individual district that they represent as individual members. He stated that the state- ment that this development would cut down on traffic has abso- lutely no basis as stated by the County Planning staff. He stat- ed that Route 642 will be improved because of residential densi- ty not because of commercial development, that this is the only reason as far as he is concerned. Mr. Smith further stated that the Planning Commission turned this request down on a 6 -3 vote and he saw no reason why the Board should change that. He stat- ed that the citizens, through their petition, are telling the Board number one, that they do not want it and number two, they do not need it. Mr. Crosen stated that he would have to say that residen- tial development is more costly than commercial development and in the case here, the County would be better served as far as the tax base with commercial development, however the dollar sign is not everything and he had to respect the wishes of the people in this area and seconded Smith's motion. 353 Upon motion made by W. Harrington Smith, Jr. and seconded by Roger L. Crosen to deny rezoning application request number 009 -89 of Lake Centre by David B. Holliday. The above motion was passed by the following recorded vote: Aye - Dudley H. Rinker, Roger L. Crosen and W. Harrington Smith, Jr. Nay - Robert M. Rhodes and Charles W. Orndoff, Sr. COMMITTEE REPORTS II PUBLIC WORKS COMMITTEE REPORT Mr. Orndoff, Chairman of the Public Works Committee, pre- sented the following report: The Public Works Committee met on Tuesday, August 1, 1989, at 7:30 A.M. Present were Board members Charles W. Orndoff, Sr. and W. Harrington Smith, Jr.; Committee member Keith A. Tubandt; County Administrator John R. Riley, Jr. and Assistant County Administrator Stephen F. Owen. The following items were discussed: Items Requiring Action Project Youth Recycling Program - Approved The Committee discussed the growth and success of the _. 11 Project Youth Recycling program. Zuckerman Company and Southern Scrap, however, are both losing money staffing and equipping the recycling depot. Because the Frederick County Landfill is the main beneficiary of this program and the 1989 General Assembly mandated 10 percent waste reduction through recycling by 1991, 15 percent by 1993 and 25 percent by 1995, the Committee recom- mends the Board approve a supplemental appropriation of $15,000 (Landfill fund) from which the Project Youth Recycling program can provide monthly invoices for recycling expenses not covered by revenues (see Attachment 1). Upon made by Charles W. Orndoff, Sr., seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. House Numbering System - Acted Upon Earlier in the Meeting Staff reported that the first phase of the House Number- ing System has been completed and that negotiations with the consultant have resulted in an 18 month project schedule, an 354 official County map and emergency services vehicle house number guide books as part of the project. The Committee recommends the Board authorize proceeding with this project immediately (see Attachment 2). Morris Land Request - To Be Advertised "For Sale" The Committee discussed a request from Helen Morris to pur- chase approximately one acre of County owned property located on Sulphur Spring Road. The Morrises need this property to install a drainfield to serve their house. The parcel is part of the old County Landfill tract, however, trash was not buried in the area they wish to purchase. The Committee recommends the Board approve the sale of this property to the Morrises subject to the following conditions: (1) Health Department approval and installation of a drainfield, and (2) Purchase price to be equal to all transfer costs including, but not limited to, survey, title search and recordation fees. It was noted that this property has to be advertised "For Sale ". Information Items Onl No Response Calls See Attachment 4. Landfill Tonnage See Attachment 5. CODE AND ORDINANCE COMMITTEE REPORT Mr. Smith, Chairman of the Code and Ordinance Committee, presented the following report and stated that it was for the Board's information and no action was necessary: The Code and Ordinance Committee met on Thursday, July 27, 1989, in the Old County Courthouse Board Room. Present were Chairman W. Harrington Smith, Jr.; Stephen G. Butler; George W. Johnston, III; County Attorney Lawrence R. Ambrogi; Assistant County Attorney Glenn R. Williamson; County Administrator John R. Riley, Jr. and Assistant County Administrator Stephen F. Owen. The purpose of the meeting was to again consider the feasi- bility of a noise ordinance. Senseny Road area citizens Robert 355 Kirby and Lawrence Crim spoke against such an ordinance and Linda Oster spoke in favor of one. Citing the constitutional problem of finding objective standards for violations and also enforcement and prosecution constraints, the Committee voted unanimously to not recommend a noise ordinance to the Board of Supervisors at this time. FINANCE COMMITTEE REPORT Mr. Rhodes, Chairman of the Finance Committee, presented the following report: The Finance Committee met on Wednesday, August 2, 1989. Dudley Rinker was absent. All other members were present. Request from the Director of Parks and Recreat for a FY89 -90 General Fund Appropriation Transfer f rom Park's Budget to Donations of 1,000 for t he Bluemont Concert Series - Approved No additional local funds are needed. See attached memo. The Committee recommends approval. Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the above recommendation was approved. Request from the Director of Parks and Recreatio for a FY 89 -90 Pool Fund Supplemental Appropriation Transfer from the General Fund's Fund Balance of nnn - The Director of Parks and Recreation requests a FY89 -90 Pool Fund supplemental appropriation transferred from the General Fund's Fund Balance of $7,000 for pool related electri- cal needs. See attached memo. The Committee recommends approv- al. Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the above recommendation was approved. Request from the Director of Division of Court Services for a FY89 -90 Division of Court Services Fun - Supple- mental Appropriation of $8,000 for the ASAP Program - Approved See attached memo. The Committee recommends approval. Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the above recommendation was approved. Request from the Director of Northwestern Community 356 Services for a FY 89 -90 General Fund Supplemental Appropriation of $2,416 - Denied See attached memo. The Committee recommends approval. Mr. Rinker made the motion to approve the above. There being no second, the motion died and the request was denied. st from the School Finance Director for a FY89 -90 1 Fund Supplemental Appropriation in the Amount A 001 _ T .... <,oA The School Finance Director requests a FY89 -90 School Fund Supplemental Appropriation of $74,993 for the Dropout Prevention Program. No additional local funds are needed. See attached memo. The Committee recommends approval. Upon motion made by Dudley H. Rinker, seconded by Charles W. Orndoff, Sr. and passed unanimously, the above recommendation was approved. Request from the School Finance Director for a FY89 -90 Supplemental Annronriation in the Amount of 886,981.06 - The School Finance Director requests a FY89 -90 Supplemental Appropriation of $886,981.06 for outstanding purchase orders as of June 30, 1989. See attached memo. The Committee recommends approval. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the above recom- mendation was approved. st from the Director of Finance for a FY89 -90 emental Appropriation in the Amount of 1,427,206.94 - The Director of Finance requests a FY89 -90 Supplemental Appropriation of $1,427,206.94 for outstanding purchase orders as of June 30, 1989. This amount is comprised as follows: General Fund $ 694,306.88 Sheriff's Radios $242,000.00 Computer Equipment $348,720.00 Other $103,586.88 Landfill $ 2,783.90 Shawneeland $ 1,620.00 Central Stores $ 474.33 Parks Capital Project $ 728,021.83 1,427,206.94 The Committee recommends approval. 357 Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the above recom- mendation was approved. uest from the Director of Finance for a General Fund lemental Appropriation of $300,000 and a Pool d Sunnlemental Appropriation of $318,643.73 - Ap proved The Finance Director requests a General Fund supplemental appropriation of $300,000 for the County's house numbering system and a Pool Fund supplemental appropriation of $318,643.73, carry forward from FY 88 -89. The Committee recom- mends approval. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, the above recom- mendation was approved. Request from the Sanitary District Advisory Committee for Sanitary District Funds - Approved Attached is a request for Sanitary District funds from the Sanitary District Advisory Committee. The first item was removed. The Finance Committee recommends items #2 and #3. The Finance Committee also recommends a policy change which allows maintenance to be performed internally instead of on a contract- ual basis. See attached memo. Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the above recommendation was approved. est from the Executive Director of O.I.C. for a ral Fund Appropriation Transfer of $16,000 - The Executive Director of O.I.C. requests a General Fund appropriation transfer from Contingency of $16,000 to provide prereleased and post - incarceration services to adult offenders. The Finance Committee recommends approval with expenditures re- flected in Correction and Detention. See attached memo. Upon motion made by Dudley H. Rinker, seconded by Charles W. Orndoff, Sr. and passed unanimously, the above recommendation was approved. t from the Superintendent of Schools for 358 The Superintendent of Schools requests additional appropria -II tions for FY89 -90. These requests were received after the Finance Committee meeting. Specific information will be forth- coming: Request for a FY 1989 -1990 tion Fund A propriation in Approved s Wood Athletic Construc- T „F 4E Ina n7a _ Request for a FY 1989 -90 James Wood Athletic Construction Fund appropriation in the amount of will find a summary of expenditures This includes $250,000 FY 1988 -1989 Funds and $250,000 new General Fund quest a total of $1,000,000 had bee project by the Board. $1,109,074. Attached you relating to the project. unused School Operating money. Prior to this re- n officially allocated to the Upon motion made by W. Harrington Smith, Jr. and seconded by Charles W. Orndoff, Sr., to approve the above request. 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. Nay - Dudley H. Rinker. st for a FY 1989 -1990 School Operating F und in +ha Amount of S 142.000 - Approved Request for a FY 1989 -90 School Operating Fund appropria- tion in the amount of $142,000 for repair of condensate lines at Frederick County Middle School. This request would be funded from unused FY 1988 -89 School Operating Funds. An additional $18,885 remaining school funds were used to balance the FY 1989 -90 budget at the time the original budget was approved in April, 1989. Upon motion made by Dudley H. Rinker, seconded by Charles W. Orndoff, Sr. and passed unanimously, the above request was approved. For Information Onl 1. Enclosed is information concerning the Clarke - Frederick- Winchester Bicentennial of the Constitution Commission. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. 359 Chairman, Boar of Supervisors Cle , ar d 'of Sup 7 Ifisors