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September 27, 1989 Regular Meeting395 A Regular Meeting of the Frederick County Board of Super- visors was held on September 27, 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 Conrad Christianson of the Bethel Lutheran Church. ADOPTION OF AGENDA Mr. Riley noted that he had an invoice from Sam Lehman and a request from the Sanitary District. Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes and passed unanimously, the Agenda was adopted as amend- ed. APPROVAL OF MINUTES Upon motion made by Charles W. Orndoff, Sr. and seconded by Dudley H. Rinker, to approve the minutes of the Special Meeting of August 17, 1989. The above motion was passed by the following recorded vote: Aye - Robert M. Rhodes, Dudley H. Rinker, Roger L. Crosen, W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Kenneth Y. Stiles abstained from voting as he was not at the meeting. SAM LEHMAN APPOINTED TO THE BOARD OF ASSESSORS FROM BACK CREEK MAGISTERIAL DISTRICT Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, Sam Lehman was appointed to serve on the Board of Assessors as a representative from Back Creek Magisterial District. AMES BRUMBACK NOMINATED TO TH BOARD OF Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, James Brumback was 396 nominated to serve on the Board of Equalization as a representa- tive from Back Creek Magisterial District. S. BLAINE WILSON REAPPOINTED TO THE PLANNING COMMISSION Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, S. Blaine Wilson was reappointed to serve on the Planning Commission as a representa- tive from Shawnee Magisterial District, said term to commence October 4, 1989 and expire on October 4, 1993. W. HARRINGTON SMITH, JR. APPOINTED TO SERVE ON THE REGIONAL JAIL BOARD AS ALTERNATE MEMBER Chairman Stiles appointed Board member W. Harrington Smith, Jr. to the Regional Jail Board as an alternate member. APPOINTMENTS TO THE LORD FAIRFAX PLANNING DISTRICT COMMISSION Chairman Stiles made the following appointments to the Lord Fairfax Planning District Commission: Dudley H. Rinker, W. Harrington Smith, Jr. and Kenneth Y. Stiles as Board representatives. John R. Riley, Jr. and Stephen F. Owen as citizen members. Mr. Riley is to serve on the Executive Committee. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the above appointments were approved. LIAISON APPOINTMENT TO THE HISTORIC RESOURCES ADVISORY BOARD BY THE PLANNING COMMISSION It was the consensus of the Board that they would not appoint a liaison to serve on the Historic Resources Board at this time. DISCUSSION OF PUBLIC HEARINGS INFORMATION Mr. Crosen questioned the public hearing material coming to the Board before it has gone to the Planning Commission for their review and comment. Mr. Stiles explained that he felt it was important for the Board to have the information as soon as possible due to the proffers that might be involved as he felt this would be more difficult as time goes on and everyone needed to know up front what is being proposed. 397 It was the consensus of the Board to follow the public hearing schedule as outlined by Mr. Watkins, Planning and Development Director. DATES SET FOR PUBLIC HEARINGS FOR PLANNING DEPARTMENT REZONINGS Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the following items will be heard at public hearing on November 8, 1989: Rezoning Application #011 -89 of BHM &G (Mr. Orndoff stated that he would abstain from any discussion of this request.) and Rezoning Application #015 -89 of Pentathlon. APPROPRIATION REQUEST FROM THE PARKS AND RECREATION DEPARTMENT FOR THE QUONSET HUT PROPERTY - APPROVED Mr. Riley stated that the contract had been accepted for the purchase of the Quonset Hut property in Clearbrook and the Board would need to approve the appropriation transfer in the amount of $149,500. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the appropriation transfer re- quest from Fund Balance in the amount of $149,500 for the pur- chase of the Quonset Hut property was approved. Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the purchase of the Quonset Hut property was approved. APPROPRIATION OF 911 FUNDS - FY 1989 -1990 - APPROVED Mr. Riley stated that a General Fund appropriation of $78,135 was required to pay the County's share of the 911 CAD System. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above appropriation request was approved. DISCUSSION OF FISCAL SUMMARY SECONDARY ROAD CONSTRUCTION - APPROVED Mr. Bill Bushman, Resident Engineer with the Virginia Department of Transportation, appeared before the Board to pre- sent this summary. 398 Mr. Riley asked Mr. Bushman if this report might be present- ed in a different format, one that would be easier to read and understand. Mr. Bushman replied that he would pass this request on to the Richmond Office. Mr. Smith asked about the status of Meade Drive. Mr. Bushman stated that it was his understanding that one of the property owners was not willing to donate their land for this project. Mr. Smith and Mr. Stiles both thought this had been done, they requested that the land be condemned if necessary in order to have this project started. Mr. Stiles asked about the "No through truck traffic" signs for Old Bufflick Road. Mr. Bushman explained the process involved to do this and that he would take care of it. A request to have the speed limit lowered on Route 669 was discussed and Mr. Bushman explained the Highway Department's current policy on what is needed in order to have the speed reduced on any highway within the County. Mr. Smith stated that the speed limit on Greenwood Road definitely needed to be lowered. It was noted that Mr. Smith and Mr. Riley will meet with Mr. Bushman to review this on Thursday, the 5th. Mr. Rhodes requested that something be done as soon as possible at the intersection on Cedar Creek Grade as far as a traffic light or caution light due to the recent accident and loss of life at this intersection. He asked what was being done on Cedar Creek Grade to prevent another fatality and asked if lowering the speed would help. Mr. Smith asked about Airport Road off of Route 50 East and also the enlargement of the decelaration lane. Mr. Stiles stated that the turn lanes at Welltown Pike had really helped. He also aske about extending the double lines at Apple Pie Ridge near Ridge Campus. 399 Mr. Rhodes asked if a temporary restraint could be placed on trucks during construction on Routes 622 and 237. Mr. Bushman replied that he was not sure if this could be done. Mr. Rinker asked about Westmoreland Drive and the work being done and if the Highway Department did patch work. Mr. Bushman replied no, that is done by a private contract- or. Upon motion made by W. Harrington Smith, Jr., seconded by Charles W. Orndoff, Sr. and passed unanimously, the fiscal sum- mary of the secondary road construction, as presented by the Department of Transportation, was approved. Upon motion made by Robert M. Rhodes, seconded by Charles W. Orndoff, Sr. and passed unanimously to request the Department of Transportation in the future to present this summary in a form that is easier to decipher. GRAVITY FLOW SEWER AGREEMENT - APPROVED Mr. Riley presented this agreement. Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes and passed unanimously, the Gravity Flow Sewer Agreement, as presented by the Sanitation Authority, was approved. COMMITTEE REPORTS 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, September 18, 1989, at 7:30 P.M., in the Round Hill Volunteer Fire Company facility. All companies were present. Also present were Board member Roger L. Crosen; County Administrator John R. Riley, Jr., and Emergency Services Coordinator Homer H. Sanders. The following item was discussed and requires Board action: NFPA 1500 Resolution The Committee discussed the attached resolution and recom- mends that the Board hold final action on same. The Committee 400 would like to establish a study group to review the legislation and make a recommendation in November as to the merit of same. Upon motion made by Roger L. Crosen, seconded by Robert M. Rhodes and passed unanimously, to rescind Board action of September 13, 1989 approving this resolution. Upon motion made by Roger L. Crosen, seconded by W. Harrington Smith, Jr. and passed unanimously, this resolution was referred to the Fire and Rescue Committee for study and recommendation. Mr. Smith stated that there is a section of the Fire Code that deals with storage of tires and he questioned whether this would apply to Mr. Rhinehart. He submitted a report prepared by Emergency Services Coordinator Homer Sanders. The report supplied the calls made as well as those missed by the County fire departments. Mr. Smith further stated that he did not vote in favor of this present year's budget as he felt there should have been more funding for paid firemen, and his opinion has not changed on this issue and he will be back in this next budget with the same requests. Mr. Stiles stated that he felt this budget could be looked 11 at at mid year. SAM LEHMAN'S REQUEST FOR REIMBURSEMENT FOR HIS BOOK - REFERRED TO THE FINANCE COMMITTEE FOR $1,000 TRANSFER FROM THE SANITARY DISTRICT - PARKS AND RECREATION COMMISSION REPORT Mr. Rinker, Board liaison on the Parks and Recreation Commission, presented the following reports and stated that they were for information only: The Parks and Recreation Commission met on August 15, 1989. Members present were: Robert Roper, Carmen Rio, Carole Ambrogi, Courtland Smith, Dudley Rinker. The following action was taken: Request from Jaycees to Host "Night Owl" Softball Tournament Mr. Smith moved to approve the request from the Jaycees to hold the tournament at Clearbrook Park as long as they met all 401 criteria set forth by the Parks and Recreation staff, seconded by Mrs. Ambrogi, carried unanimously (4 -0). Policy and Procedure for Donations Received Mrs. Ambrogi moved to accept the policy as submitted, seconded by Mr. Smith, carried unanimously (4 -0). Shawneeland Park Development Mr. Roper directed the staff to review the recreational property at Shawneeland, discuss the legalities with the Common- wealth Attorney and submit a proposal to the Commission for con- sideration at their September meeting. Policy and Procedure for Pool Reservations Mr. Smith moved to adopt the policy submitted, seconded by Mrs. Ambrogi, carried unanimously (4 -0). Policy and Procedure for News Releases Mrs. Ambrogi moved to adopt the updated policy as submitt- ed, seconded by Mr. Smith, carried unanimously (4 -0). Executive Session (Acquisition of Property) Mr. Roper directed Mr. Doran to submit an appraisal on the Quonset Hut Property adjacent to Clearbrook Park. 11 The Parks and Recreation Commission met on September 19, 1989. Members present were: Robert Roper, Patricia Perry, Carmen Rio, Donald Wilson, Carole Ambrogi, Thomas Grove, Dudley Rinker. The following action was taken: Shawneeland Subdivision Report Based on the Feasibility Study submitted by the staff, Mr. Rio moved to deny a request from the Shawneeland Citizens Committee to develop a park on the property at Shawneeland, seconded by Mrs. Perry, carried unanimously (6 -0). Mr. Rinker explained that the Commission did not feel Shawneeland is the best site for a park, but did feel the 11 Commission needed to look in the Western portion of the County for some land suitable for a park and if the land is available, it would be purchased and developed at a later date. 40' Frey Land Exchange Mr. Wilson moved to accept a draft deed for exchange of equal parcels of land containing 3.218 acres between W. S. Frey Company, Inc. and Frederick County, seconded by Mr. Grove, carried unanimously (6 -0). Policy (Fees & Charges for Ballfield Use) Mrs. Ambrogi moved to accept the revised policy, seconded by Mr. Wilson, carried unanimously (6 -0). Quonset Hut Property County's backup contract for $150,000 to purchase the Quonset Hut property adjacent to Clearbrook Park has been accept- ed by the seller. Mr. Grove moved to recommend the Board of Supervisors appropriate $149,500 (less deposit of $500) to com- plete the transaction at their September 27, 1989 meeting, seconded by Mr. Wilson, carried unanimously (6 -0). CIP Report Mr. Grove recommended revising the list to include a park in the Western District of Frederick County as #14. Mrs. Perry moved to accept the CIP priority list as amended, seconded by Mr. Wilson, carried unanimously (6 -0). BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes and passed unanimously, the Board retired into Executive Session in accordance with Virginia Code, 1950, as amended, Subsection A (1) to discuss Personnel matters. BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, the Board reconven- ed into Regular Session. EVALUATION OF JOHN R. RILEY, JR., COUNTY ADMINISTRATOR - APPROVED Upon motion made by W. Harrington Smith, Jr., seconded by Robert M. Rhodes and passed unanimously, the evaluation of John R. Riley, Jr., County Administrator, was approved as submitted. �u3 UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. Boarl o Supervisors Cler] rd of Super isors