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November 08, 1989 Regular Meeting43� A Regular Meeting of the Frederick County Board of Super- visors was held on November 8, 1989, at 7:15 P.M., in the Board of Supervisors' Meeting Room, Frederick County Courthouse, Loudoun Street Mall, Winchester, VA 22601. 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. Mr. Smith was not present at the beginning of the meeting. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by the Reverend Conrad J. Christianson with the Bethel Lutheran Church. ADOPTION OF AGENDA Mr. Riley stated that he would like to move the "Personnel Committee Report" to the first item on the Agenda and to move rezoning application number 011 -89 of BHM &G to the first item under "Public Hearing ". He further stated that he had a request from the City of Winchester and the Virginia Department of Trans- portation. APPROVAL OF MINUTES Upon motion made by Robert M. Rhodes, seconded by Roger L. Crosen and passed unanimously, the minutes of the Regular Meet- ing of September 27, 1989 were approved as submitted. It was noted that in the minutes of the Regular Meeting of October 11, 1989, on Page 5, "Rezoning Application #010 -89 of Wilkins Development Corporation..... ", it should read that it is located in Shawnee District and not Stonewall District. Upon motion made by Charles W. Orndoff, Sr., seconded by Dudley H. Rinker and passed unanimously, the minutes of the Regular Meeting of October 11, 1989 were approved as amended. PERSONNEL COMMITTEE REPORT Mr. Rhodes, Chairman of the Personnel Committee, presented the following report: The Personnel Committee met on November 1, 1989 with the following members present: Robbie Rhodes, Roger Crosen, John 433 Riley, Steve Owen and Ann Kelican and submits the following recommendation to the Board of Supervisors for consideration: The Committee recommends the appointment of Mr. Michael Didawick to the position of Director of General Reassessment effective December 1, 1989 at an annual salary of $39,000. The Committee further recommends the approval of a supplemental appropriation in the amount of $30,258 (Salary $22,750 - Fringes $7,508) to fund this position for the remainder of FY 1989 -1990. Upon motion made by Robert M. Rhodes, seconded by Roger L. Crosen and passed unanimously, the above request was approved. HOLIDAY SCHEDULE - APPROVED Upon motion made by Dudley H. Rinker, seconded by Charles W. Orndoff, Sr. and passed unanimously, the following schedule was approved for County administrative offices closing for the Holiday season: Monday, December 25, 1989 - Offices Closed Tuesday, December 26, 1989 - Offices Closed Monday, January 1, 1990 - Offices Closed COMMITTEE APPOINTMENTS - TABLED UNTIL THE DECEMBER MEETING DATE SET FOR PUBLIC HEARING FOR PLANNING DEPARTMENT REZONINGS Upon motion made by Dudley H. Rinker, seconded by Charles W. Orndoff, Sr. and passed unanimously, Rezoning Application Number 020 -89 of Alson H. and Margarette M. Smith will be heard on December 13, 1989. Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, Rezoning Application Number 021 -89 of Evans Company will be heard on December 13, 1989. BOARD ENDORSED REQUEST TO DESIGNATE CERTAIN COUNTY LAND AS HISTORIC PARK LAND Chairman Stiles explained to the Board members that he had met with Mr. Suddith, staff member from Chuck Robb's office, recently with regard to certain acreage in Frederick County being designated as Historic Parkland and Mr. Suddith is to get back to him concerning this. He asked for the Board's endorse- ment of the request to Mr. Suddith. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the Board endorsed the request 434 made to Mr. Suddith regarding Mr. Chuck Robb's assistance in having certain areas designated as Historic Parkland in Frederick County. REQUEST TO CHANGE NAMES OF CERTAIN ROADS - APPROVED Upon motion made by Roger L. Crosen, seconded by Charles W. Orndoff, Sr. and passed unanimously, the following changes were approved for certain roads in Gainesboro District: Route 702, Whitacre Road, to Ridgeview Road Route 703, Ebenezer Road, to Whitacre Road Route 705, Gnatsville Road, to Ebenezer Church Road. RESOLUTION AND AGREEMENT FOR FUNDING OF THE STATE REIMBURSABLE PORTION OF THE JAI COSTS - APPROVED Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the following resolution and agreement was approved: WHEREAS, Clarke County, Frederick County and the City of Winchester have entered into an Agreement dated October 20, 1987, for the creation and construction of the Clarke, Frederick and Winchester Regional Jail; NOW, THEREFORE, BE IT RESOLVED, that the attached agree- ment is hereby approved, and the County Administrator is hereby authorized and directed to execute the attached agreement on behalf of Frederick County. WHEREAS, Clarke County, Frederick County and the City have entered into an Agreement dated October 20, 1987, for the creation and construction of the Clarke, Frederick and Winchester Regional Jail; and WHEREAS, fifty percent (50 %) of the capital cost of the construction of the jail is anticipated to be reimbursed by the Commonwealth of Virginia upon completion; and WHEREAS, it will be necessary for the localities to fund the reimbursable portion of said capital cost. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Winchester that Council does hereby approve the issuance, by Council, of notes to fund the portion of the costs of the jail reimbursable by the Commonwealth, based upon the provisions of the hereunto attached agreement, and BE IT FURTHER RESOLVED, that the attached agreement is hereby approved, and the City Manager is hereby authorized and directed to execute the attached agreement on behalf of the City. THIS AGREEMENT, entered into the day of November, 1989, by and between the CITY OF WINCHESTER, a munici- pal corporation of the Commonwealth of Virginia, hereinafter referred to as WINCHESTER, party of the first part; THE COUNTY OF CLARKE, a political subdivision of the Commonwealth of Virginia, party of the second part, hereinafter referred to as CLARKE; THE COUNTY OF FREDERICK, a political subdivision of the Commonwealth of Virginia, party of the third part, hereinafter referred to as FREDERICK; 435 WHEREAS, pursuant to §53.1 -81 (Supp. 1989) of the Code of Virginia, the parties anticipate the Commonwealth to reim- burse the parties in the amount of fifty percent (50 %) of the principle amount of the costs of construction of the regional jail, with such reimbursement to be made upon completion of the facility; and WHEREAS, the Jail Board has with Howard Shockey & Sons, Inc., construct the regional jail with ly January 16, 1991; and entered into a contract dated October 22, 1989, to expected completion approximate- WHEREAS, it is necessary for the localities to fund the reimbursable portion of the costs of construction until reim- bursement is made by the Commonwealth. NOW, THEREFORE, that for and in consideration of the mutual undertakings of the parties to this Agreement, Clarke, Frederick and Winchester hereby agree as follows: 1. Winchester agrees to issue notes in the amount necessary to pay the obligations of the Jail Board anticipated to be reimbursed by the Commonwealth. The principal amount of the notes shall not exceed two (2) years. The proceeds of the indebtedness shall be used only for costs of construction of the jail incurred after the date of this agreement. 2. Clarke, Frederick and Winchester shall pay all of the costs of the notes on the following basis: Winchester: 45% Frederick: 45% Clarke: 10% The costs to be divided shall include, without limitation, the costs of issuance of the notes, interest costs thereon, other associated costs and any principal amount not reimbursed by the Commonwealth. 3. Winchester shall be solely responsible for the issuance and fiscal management of said notes. Winchester shall notify Clarke and Frederick of their share of the local costs from time to time, as appropriate. Clarke and Frederick agree to pay their portion of said costs within thirty (30) days of notice by Winchester. 4. The parties agree that the undertakings of Clarke and Frederick are non - binding obligations to appropriate to Winchester such amount as may be required from time to time pur- suant to paragraph 3, above, to the fullest degree and in such amanner as is consistent with the Constitution and laws of the Commonwealth of Virginia. Clarke and Frederick, while recognizing that they are not empowered to make any binding committment to make such appropriations in future fiscal years, hereby state their intent to make such appropriations in future fiscal years and hereby recommend that future Boards of Supervisors do likewise during the term of this Agreement. However, Clarke and Frederick agree that the obligations set forth herein are binding during the current fiscal year. 5. Nothing herein contained is or shall be deemed to be the lending of any credit of Clarke or Frederick to Winchester or to any holder of any note, or to any other person, and noth- ing herein contained is or shall be deemed to be a pledge of the faith and credit of the taxing power of the counties. Nothing herein contained shall bind or obligate the Boards of Clarke and Frederick to appropriate funds to Winchester for the purposes described herein, nor shall any provision of this Agreement give Winchester or any holders of the notes or any other person any legal right to enforce the terms hereof against Clarke or Frederick, in future fiscal years. 436 6. This Agreement shall be governed by the laws of the Commonwealth of Virginia. 7. This Agreement may not be modified except on prior written consent of the parties hereto, by resolution of the governing body of each party. 8. This Agreement shall remain in full force and effect until the notes have been paid in full. WITNESS the following signatures and seals. ATTEST ATTEST ATTEST CITY OF WINCHESTER fYAA CLARKE COUNTY BY: FREDERICK COUNTY BY: (SEAL) (SEAL) (SEAL( REQUEST FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR TRANSFER OF FUNDS - APPROVED Mr. Riley presented this request in Mr. Bushman's absence. Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes and passed unanimously, the request from the Virginia Department of Transportation for a transfer of funds in the amount of $105,883.15 was approved. ROAD RESOLUTION - GLENDOBBIN ROAD IN GLENDOBBIN HILLS, SECTION III - APPROVED Upon motion made by Charles W. Orndoff, Sr., seconded by Roger L. Crosen and passed unanimously, the following resolution was approved: BE IT RESOLVED, that the Virginia Department of Transportation is hereby requested to add the following road to the Secondary System of Frederick County pursuant to Section 33.1 -229 of the Code of Virginia, 1950, as amended: Glendobbin Road, Glendobbin Hills, Section III; 1,475 (.28 miles) from Route 673 to the dead -end, as described in Deed Book 639, Page 176, dated February 13, 1987 and Deed Book 639, Page 185, dated February 13, 1987. AND FURTHER BE IT 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 referenced page numbers with necessary easements for cuts, fills and drainage. THE SANITATION AUTHORITY TO EXPAND THE Upon motion made by Charles W. Orndoff, Sr., seconded by Dudley H. Rinker and passed unanimously, the request of the Sanitation Authority to expand the Parkins Mill Treatment Plant 437 from .SMGD to 1.5MGD was referred to the Planning Commission to determine the impact of said expansion on the service delivery area. PLANNING COMMISSION BUSINESS PUBLIC HEARING REZONING CATION #011 -89 OF BHM &G - STONEWALL STRICT - DENIED Mr. Stiles stated that he had asked Mr. Ambrogi, County Attorney, for his opinion as to whether he should discuss or vote on this request due to the fact that a portion of this property adjoins property owned jointly by he and his brothers. Mr. Ambrogi read his opinion letter which stated that Mr. Stiles should not discuss or vote on this rezoning request: November 8, 1989 TO: Kenneth Y. Stiles Chairman at Large Frederick County Board of Supervisors 9 Court Square Winchester, Virginia 22601 RE: BHM and G Investments Rezoning Request Dear Mr. Chairman: Since you are an adjoining landowner to the property BHM and G Investments is seeking to be rezoned, my advice is that you abstain from discussing and voting thereon when the matter comes before the Frederick County Board of Supervisors. In my opinion, the fact that your land is separated from that of the applicant by Interstate Route 81 does not take you out of the category of an adjoining landowner. If you have any questions about the opinion, please feel free to contact me at your convenience. Sincerely, /s/ Larry Lawrence R. Ambrogi LRA:jpd At this time Mr. Stiles, Chairman, relinguished the gavel to Vice - Chairman Robert M. Rhodes to conduct this segment of the meeting. Mr. Orndoff stated that due to the fact that he too owns adjoining property, that he would be abstaining from any discus- sion and vote on this request. Mr. Watkins, Planning and Development Director, presented this rezoning request and noted the proffers that were being 438 offered by the applicant. He noted that there were four parcels of property across from Route 81 that adjoined this property and the property owners had not been notified. Mr. Ambrogi explained that for this to be handled correct- ly, all adjoining property owners needed to be notified and therefore he would recommend postponing this request until the next Board meeting, December 13. Mr. Rinker asked if these property owners were present. There was no indication that they were. Mr. Crosen stated that he felt this should be tabled until all parties could be present. Upon motion made by Roger L. Crosen and seconded by Dudley H. Rinker, to table this rezoning request until the December 13 Board meeting. It was noted that neither the applicant nor their repre- sentative was present. Mr. Stiles asked Mr. Ambrogi that since this had been adver -1 tised for public hearing for this date, should the Board allow those citizens that were present to speak. Mr. Rhodes stated that he felt the people were present and they should be heard. Mr. Crosen stated that he disagreed, that he felt the appli- cant should be present for any input or discussion of this request and he called for the question. Mr. Ambrogi explained that he would advise the Board, in order to avoid any legal problems, to act strictly by the letter of the law, that this request should be tabled at this time. At this time Mr. Butler and a representative of BHM &G entered the room and Mr. Butler, Attorney for the Petitioner, presented a waiver and tax map to Mr. Stiles. Mr. Crosen withdrew his motion and Mr. Rinker his second to Mr. Crosen's motion. Mr. Butler addressed the Board and explained where this business would be located on Route 11 North and what the stages of construction would be as this would be a $2,000,000.00 investment with $1,000,000.00 of equipment. He explained that there would be twenty employees at the plant which would help the economy and that this business is environmentally clean and would be an asset to the County. Mr. Butler explained to the Board, by way of a colored map, the businesses that are current- ly in this area and pointed out that it is not strictly a residential area as a lot of the residents have stated. Mr. Butler further addressed the concerns as expressed by area residents at the Planning Commission meeting, as well as the petition that was left at Oates Grocery, and noted that all signatures were not those of area citizens. Mr. Crosen asked about how much land would be served by the septic system and that he had some reservations about sewer lines being located in the front of the property. He explained that he was not advocating that central sewer be made available to this area. Mr. John Goode, employee of the Western Railroad Company and County resident, addressed the Board in favor of this re- quest and noted that he felt they would be a good neighbor. The following residents appeared before the Board concern- ing this rezoning request: David Coller, steel fabricator, felt steel business in the County had been a good neighbor and that this would be a good, clean business and he asked that proper entrances be made on Route 11 to this business if it received Board approval. Mr. 0. L. Payne, whose property adjoins this property, was opposed to this request and noted that this property is .3 of a mile from Stonewall Elementary School and .7 of a mile from Clearbrook Park. He stated that he felt with the traffic that is currently on Route 11 North and the traffic that would be generated by this business was needed based on the fact that it is already heavily traveled, and further, that a business such as this should be in an industrial park. Upon motion made by Roger L. Crosen and seconded by Dudley H. Rinker, the petition opposing this request is to be made a part of the record. M I The above motion was approved by the following recorded vote: Aye - Robert M. Rhodes, Dudley H. Rinker and Roger L. Crosen. Mr. Stiles and Mr. Orndoff abstained. Mrs. Jolen Orndoff stated that she was opposed to this request and felt that it should be in an industrial park and that it would create additional traffic on a road that does not need additional traffic. Mr. Glen Wilder, adjoining property owner residing in a mobile home, stated that he was opposed to this request as there are a lot of residents in the area and industry of this type is not needed. Mrs. Florence Shuster stated that she was opposed to this request and stated that it should be in an industrial park. George Hiett stated that he was opposed to this request and noted that additional traffic is not needed on Route 11 North. Mr. George Sempeles, County resident, stated that he was opposed to this and stated that an industry of this type should not be in an area with as many residents as Route 11 North has and asked the Board to remember this rezoning request with refer -1 ence to Hackwood. Mr. Stiles noted that there was no request before the Board or Planning Commission for Hackwood property at this time. Mr. Ben Butler reappeared before the Board and reminded the Board that this property is not going to remain in pasture. Mr. Riley read the following letter from Mr. Grim concern- ing this request: Mr. Kenneth Y. Stiles, Chr. Frederick County Board of Supervisors 9 Court Square Winchester, VA 22601 Re: Rezoning Application #}011 -89 BHM &G Investments Dear Mr. Stiles: In response to the recent notice that I received in reference to the above designated rezoning application, I wish to express to you my thoughts pertaining to this matter. My property is adjacent to the property under consideration on Route 11, North. I feel that the rezoning to "industrial limited" would be a progressive step forward, and would eventually lead to the development of land that has long been dormant. I believe that the establishment of a new industry in our area would provide more jobs and thus be beneficial to Frederick County. A spokesman for the BHM &G Investments has assured me that their proposed entrance roadway would not adjoin my property but would be located approximately 200 feet North of my property line. If my understanding of their plan is correct, then I do not object to, or oppose, but am, indeed, in favor of the rezoning of said property on Route 11, North, at Stephenson. Sincerely, /s/ David B. Grim David B. Grim Board member Harrington Smith arrived at this time. Mr. Smith asked if everyone present at the meeting that was opposed to this request to hold up their hands. There were approximately eight. Mr. Crosen stated that he had visited another site belonging to this company, Century Steel Products, and felt that it would be an asset to Frederick County and he knew this land would not remain open as it is now and felt that commercial development would be better than residential. Mr. Rinker stated that the truck traffic on Route 11 North concerned him with the closeness of Clearbrook Park and Stonewall Elementary School. Mr. Smith explained that Frederick County needed a strong economic base, but he was not sure this was the right area. He stated that he believed in petitions for that let them know how the citizens felt, and based on what he had heard at this meet- ing, he did not feel this business is for Frederick County at this location. Mr. Rhodes stated that he felt this was a tough decision as he felt the company would be a good neighbor, but he did have some reservations about the traffic. Mr. Rinker stated that he felt there was a location for this company somewhere else, but in Frederick County. Upon motion made by Dudley H. Rinker and seconded by W. Harrington Smith, Jr., to deny rezoning application number 011 -89 of BHM &G. The above motion was passed by the following recorded vote: Aye - Robert M. Rhodes, Dudley H. Rinker, Roger L. Crosen and W. 442 Harrington Smith, Jr. Mr. Stiles and Mr. Orndoff abstained from voting. The Board recessed at this time. Mr. Stiles reconvened the meeting. PUBLIC HEARING AN AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 9 FINANCE AND TAXATION: BY THE ADDITION OF ARTICLE XVI Mr. Riley presented this proposal and stated that the current merchant's capital taxation would be repealed. He ex- plained that this tax collection would take place in February or March of 1991 if approved. Mr. Riley explained the amendments at this time. The following individuals appeared before the Board with regard to this proposal: Mr. Mike Webber, owner of Webber's Nursery, stated that he was opposed to this taxation and stated that this tax was written for the City of Winchester and would not work in the County. Mr. Webber questioned certain sections of this proposed tax and stated that a lot more thought needed to be given to this proposal. Mr. Russell Miller, of Miller Tool Service, stated that he is opposed to this tax as written as it is unfair and needed to be reworked and rewritten. Mr. Steve Kershner, local Attorney and representing Mr. Nat Smith, a County resident, stated that he was opposed to gross tax and felt that if tax is necessary, it should be on net receipts. Mr. John Goode, representing Howard Shockey and Sons, asked if there would be a grandfather clause for contracts that were executed prior to the approval of this tax. He asked if this tax would be for the home office or the job site. He also asked what the ratio would be. Mr. Stiles replied that this has to be decided by the County and when this is decided, a public hearing would be held. `_ 3 Dr. Byron Brill, property owner, stated that he did not feel a third tax is necessary and that it should be a tax that applied to everyone and not just a few. Mr. Dick Sheehan, owner of a sign business, stated that the County needed to enforce current licenses on contractors rather than letting so many outsiders come in and do work without a contractor's license. Mr. Jack Eienstein stated that he is against inventory tax and stated that there are parts of this proposal that needed to be clarified, that he agreed with the principle but not details. Mr. Richard Goodwin, resident of Hayfield, stated that gross sales tax on service work is not fair. Mr. Raymond Carter, operator of pallot business did not feel this tax was fair. Mr. Jim Wilson, local businessman, opposed this tax as he felt it will drive the small businessman out of business. Mr. Kevin Omps asked Mr. Orndoff and Mr. Stiles how much taxes they pay on their farm equipment. Mr. Bob Huffer stated that with the medical cost that is about to be passed onto area citizens he did not feel anyone would be able to pay any additional taxes. Mr. J. Whitacre, resident of Gainesboro District, stated that the BPOL had been deleted when sales tax was enacted and asked why was it necessary to bring the BPOL tax back? Mr. Gary Hott, owner of two businesses in the County, opposed this as it will only drive the small businessman out of business, and if this has to be, it would be better on net rather than gross receipts. Mr. John Taylor, resident of Gainesboro District, stated that if tax is necessary it should be fair and this one is not. Mr. Stiles explained that counties are regulated by the State with regard to taxes and the State did not allow net, it had to be gross sales that is taxed. He further explained that if this is adopted some businesses will pay more taxes than others. Mr. Stiles pointed out the following facts concerning this proposed tax: ... 1. Inventory tax is unfair and difficult to enforce. 2. BPOL tax has no increase from year to year. 3. This tax would apply to businesses coming into Frederick County. 4. He did not feel the tax is an unfair rate based on these figures: $100,000 - $300 per year $4,000,000 - $6,400 per year. He explained that the staff would review all comments made at this meeting in making their final proposal to the Board. Mr. Crosen stated that he felt this was a fair tax and that it would be on gross receipts rather than net as this is the fair way for this to be done. He further explained that he would always support agricultural land in Frederick County as farm land is a good tax base for Frederick County. Mr. Mike Webber appeared before the Board once again and asked why is it that only one group of County residents would be taxed, the businessman, and not everyone. Mr. Rhodes stated that Merchants Capital is not a fair tax and felt the BPOL tax would be more equitable for everyone. This proposed ordinance was referred back to the staff for further study. THE SALE OF OWNED 0.104 ACRE PARCEL OF OLD TO Mr. Owen, Assistant County Administrator, presented this request. Upon motion made by Robert M. Rhodes, seconded by W. Harrington, Smith, Jr. and passed unanimously, the above request was approved to be advertised "FOR SALE ". PLANNING COMMISSION BUSINESS - PUBLIC HEARINGS CONTINUED REZONING APPLICATION 0015 -89 OF STONEWALL MAGISTERIAL DISTRICT - Mr. Watkins presented this request and stated that the Planning Commission recommended approval and acceptance of proffers. Mr. Steve Gyurisin, representing Pentathlon Corporation, ION - appeared before the Board on behalf of this request. 445 Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Rhodes and passed unanimously, rezoning application number 015 -89 of Pentathlon Corporation, P. 0. Box 746, Stephens City, Virginia, to rezone .66 acres from RP (Residential - Performance) to B -2 (Business General) was approved. This property is located on the Southeast corner of the intersection of Valley Mill Road and Berryville Avenue, just East of the intersection of Route 7 and I -81 and is identified as Parcels 1 -0 through 5 -0 on Tax Map 54F in the Stonewall Magisterial District. REZONING APPLICATION #018 -89 OF ROUNDBALL ASSOCIATES - BACR CREEK MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this request and noted that the Planning Commission recommended approval and acceptance of proffers. Mr. Nicholas Smart addressed the Board on behalf of this request and stated they would like to turn this into a proper street. He stated that the necessary right -of -way would be donated in order that the street might be taken into the system. Mr. Rinker requested that Stephens City and Middletown be contacted for their comment if a rezoning is being requested close to their boundaries. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, rezoning application number 018 -89 of Roundball Associates by Nicholas Smart to rezone 2.82 acres from RP (Residential Performance) to B -2 (Business - General) was approved. This property is located on Route 11 South, just before Route 641 in the Back Creek Magisterial District. REZONING APPLICATION #019 -89 OF D. WAYNE WILSON - OPEQUON MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this request and stated that the Planning Commission recommended approval and acceptance of proffers. Mr. Wilson was present on behalf of his request. Upon motion made by Dudley H. Rinker, seconded by W. Harrington Smith, Jr. and passed unanimously, rezoning 446 application number 019 -89 of D. Wayne Wilson to rezone a 9.612 acre tract and a 9.651 acre tract from RP (Residential - Performance) to B -2 (Business General) was approved. This property is located at the Northeast corner of Routes 277 and 641, East of the I -81 interchange at Stephens City in the Opequon Magisterial District. AN AMENDMENT TO THE FREDERICK CO UNTY CODE, C UTILITIES IN THE RP, R -4 AND MH -I GUNILVG U lb T Kll 'IA - APPROVED Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the following ordinance amendment was approved: AN AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 18, SUBDIVISION ORDINANCE, TO REQUIRE UNDERGROUND UTILITIES IN THE RP, R -4 AND MH -1 ZONING DISTRICTS to read as follows: 3 -9 All lots in the RP (Residential Performance), R -4 (Residential Planned Community), and MR-1 (Mobile Home Community) Districts shall be served by underground utilities, except for lots containing single- family detached -rural traditional housing. OTHER PLANNING ITEMS MASTER DEVELOPMENT PLAN - TOWNS OF VILLAGE GREEN - APPROVED Mr. Watkins presented this request and stated the Planning Commission recommended approval with conditions. Mr. Chuck Maddox, Engineer with G. W. Clifford and Associates, addressed the Board on behalf of the Petitioner. Mr. Rinker stated that he felt this should have two entrances but not major access from Ridgefield. Mr. Dave Holliday appeared before the Board on behalf of this request. Mr. Rinker moved to have this sent back to the Planning Commission for further study of the roads with regard to impact on Ridgefield. There was no second to this motion, therefore the motion died. Upon motion made by W. Harrington Smith, Jr. and seconded by Charles W. Orndoff, Sr. to approve the master development plan of the Towns of Village Green. 44 r ` The above motion was approved by the following recorded vote: Aye - Kenneth Y. Stiles, Robert M. Rhodes, Roger L. Crosen, W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Nay - Dudley H. Rinker. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Mr. Orndoff, Chairman of the Public Works Committee, pre- sented the following report: Architect for 9 Court Square - Approved The Committee discussed and unanimously recommends Board approval of hiring an architect to design a new County Admini- stration Building. Upon motion made by Charles W. Orndoff, Sr., seconded by Dudley H. Rinker and passed unanimously, the above recommenda- tion was approved. Hazardous Material Response Team - Approved The Committee reviewed plans to establish a State level 2E Hazardous Material Response Unit in the Winchester- Frederick area. A supplemental appropriation in the amount of $32,000 from Contingency is requested to fund the County's one -half share of this project. Upon motion made by Charles W. Orndoff, Sr., seconded by Dudley H. Rinker and passed unanimously, the above was approved. It was noted that this is to be in conformity with the 2020 Taskforce. Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr. and passed unanimously, the above was approved as amended. Communications Bus - Referred to the Fire and Rescue Committee The Committee recommends Board approval of Emergency Services accepting a free surplus school bus from the School system to be used for an emergency communications and command vehicle. This vehicle could be used on emergency incidents as a command post, as well as a backup radio system for central dis- patch. Board approval of spending $10,000 already budgeted for radio equipment for the bus is also requested. 448 The above was referred to the Fire and Rescue Committee. Items Not Requiring Action One Percent (1 %) Fee on Building Permits Staff advised that effective March 1, 1990, an extra one percent (1%) fee on building permits will be collected locally for the State's Code Academy. Career Fire and Rescue Personnel The Committee wants to wait for the 2020 Taskforce recom- mendations before proceeding with the mid -year hiring of addi- tional firefighters. Also a letter from H. Brian Landes, M.D., President of Winchester Medical Center staff requesting funding for emergency medical technicians was reviewed and will be referred to the hospital for funding. Recycling A. A request for proposals for recycled materials collection boxes was reviewed and approved for advertisement. B. A request from the Natural Resources Committee of the Chamber of Commerce to utilize a portion of the County's $15,000 donation to Project Youth Recycling for newsprint collec- tion and transport was approved. -- LAW ENFORCEMENT AND COURTS COMMITTEE REPORT Mr. Crosen, Chairman of the Law Enforcement and Courts Committee, presented the following report: Discussion of Correspondence to Judge Joshua L. Robinson - Approved The Committee discussed at length the contents of the correspondence to Judge Robinson with Mr. Ambrogi and Sheriff Sturdivant (see attached). Generally, everyone was satisfied with the direction being pursued on actions for jail overcrowd- ing. Actions that will be necessary by the Board of Supervisors would be: A. Funding for two law clerks for the Circuit Court Judges. Total funding would require a $60,000 FY90 -91 appropriation with 11 Frederick County's share being $15,000. Upon motion made by Roger L. Crosen, seconded by Charles W. Orndoff, Sr. and passed unanimously, the above was approved for next year's budget. 149 B. Authorize the Division of Court Services to staff and maintain a detoxification program in the Front Royal /- Warren County area. Upon motion made by Roger L. Crosen, seconded by W. Harrington Smith, Jr. and passed unanimously, the above was approved. C. Petition the General Assembly for the creation of another Circuit Court Judge in the 26th Judicial Circuit. The Committee recommends approval. Upon motion made by Roger L. Crosen, seconded by W. Harrington Smith, Jr. and passed unanimously, the above was approved. Security Staff for Courtrooms in the Joint Judicial Center - Approved The Committee reviewed with the Sheriff the existing staff- ing arrangements for Courtroom security in the Judicial Center. Currently, the County provides security to County Circuit Courts and the City provides the same service to City Circuit Courts. The General District and Juvenile and Domestic Relations Courts are staffed by Bailiffs from each jurisdiction. There is no distinction as to City or County Bailiff arrangements when the Court is in session. If it is a City day in General District Court, the staffing remains the same and vice versa. A similar situation currently exists when transporting temporary detention orders (T.D.O.). More often than not, the Frederick County Sheriff's Department is required to provide transportation for City detainees. The Committee therefore recommends that the Sheriff of Frederick County inform the Sheriff for the City of Winchester that the City must begin to start making arrangements as soon as possible to staff City responsibilities in the above mentioned area. Upon motion made by Roger L. Crosen, seconded by W. Harrington Smith, Jr. and passed unanimously, the above recom- mendation was approved. FINANCE COMMITTEE REPORT Mr. Rhodes, Chairman of the Finance Committee, presented the following report: 450 The Finance Committee met on Wednesday, November 1, 1989. All members were present: The following require Board action: Request from the Division of Court Services Director for a Court Services Fund Supplemental Appropriation in the Amount of $11,200 - Approved The Director of Division of Court Services requests a Divi- sion of Court Services Fund Supplemental appropriation of $11,200 for computer equipment compatible to our new system. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. Request from the Division of Court Services Director for a Court Services Fund Appropriation Transfer in - ADDro The Director of Division of Court Services requests a Divi- sion of Court Services Fund appropriation transfer of $8,736 for A.S.A.P, salary expenses. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. est from the Assistant County Administrator for a ral Fund Supplemental Appropriation in the Amount of nnn - Ann r^177 A The Assistant County Administrator requests a General Fund Supplemental Appropriation of $16,000 for Emergency Services salary expenses. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes and seconded by W. Harrington Smith, Jr., to approve the above recommendation. 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 - Kenneth Y. Stiles and Roger L. Crosen. It was noted that this needed to be looked at. est from the Count Administrator for a General Fund lemental Appropriation in the Amount of 110,000 - oved The County Administrator requests a General Fund supple- mental appropriation of $110,000, the County's share of the new 911 /CAD system. This amount includes the hardware and expected associated costs of the system. The County has collection $78,135 in revenue as of June 30, 1989 for this purpose and has issued a payment to the City for $20,000, leaving a balance available of $58,135. Future tele- phone tax revenue would be applied to cover the total cost of $110,000 currently being requested for appropriation. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. est from the County Administrator for a General Fund opriation Transfer from Capital Contingency in the nt of . R _ 7Q R - Annrninna The County Administrator requests a General Fund appropria- tion transfer from Capital Contingency in the amount of $5,295 for a laser printer. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. Request to Increase County Administrator's Authority to Approve Departmental Transfers_ from the Current Amount - Approved The Finance Committee recommends increasing the authority of the County Administrator to approve departmental transfers from the current amount ($1,000 per occurrence, $3,000 per year) to $2,500 per occurrence and $5,000 per year. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. st to Increase the Advertising Requirement on d Bids from $7,000 to $10,000 - Approved The Committee recommends increasing the advertising require- ment on sealed bids from $7,500 to $10,000. Three written quotes would still be required. The State Code increased this requirement from $10,000 to $15,000 as of July 1, 1989. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. 45 8,000 Expected to be Reimbursed from a Ha zardous aterials Incident to be Reserved as Collected and be nnlied to the Proposed Area Program - Approved The Finance Committee recommends that $8,000 expected to be reimbursed from a hazardous materials incident be reserved as collected and be applied towards the future costs of the pro- posed area program. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. The following is for your information only: 1. See attached information from the Assistant County Administrator regarding the Cable TV Franchise renewal. The Committee recommends the short renewal process be initiated. A public hearing will be scheduled. 2. See attached tentative budget schedule. BUDGET WORK SCHEDULE FOR 1990 -1991 - PRESENTED Mr. Rhodes asked that all Board members review the proposed schedule for the budget work schedule for 1990 -1991. REQUEST FOR BAILIFF POSITION TO BE TRANSFERRED FROM THE JAIL TO THE SHERIFF'S DEPARTMENT - APPROVED Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the request for a bailiff posi- tion to be transferred from the Jail to the Sheriff's Department was approved at an annual salary of $18,487 with fringes of $6,101, and funds in the amount of $7,171 ($5,392 salary and $1,779 fringes) be appropriated from Contingencies to fund the County's share of said position for the remainder of FY 1989 -90. This position would be funded 1/2 by the County and 1/2 by the City. MIKE BUTLER, COORDINATOR OF THE LORD FAIRFAX EMERGENCY MEDICAL SERVICES COUNCIL, APPOINTED TO THE LOCAL EMERGENCY PLANNING COMMITTEE Upon motion made by Robert M. Rhodes, seconded by W. Harrington Smith, Jr. and passed unanimously, Mike Butler was appointed to the Local Emergency Planning Committee. AMENDMENTS TO THE LEGISLATIVE AGENDA Mr. Stiles asked for the following amendments to be made to the Legislative Agenda for the General Assembly: 1. To address the inequities of the tax between Cities and Counties, i.e., such as carry out meals. 2. The County requests that a portion of the lottery be returned to the Counties. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WA$ ORDERED THAT TjiE BOARD OF SUPERVISORS ADJOURN. i v Chairman, Bo r of Supervisors Cler o r f Su rvisors