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HomeMy WebLinkAboutSeptember 14, 1988 Regular Meeting52 A Regular Meeting of the Frederick County Board of Supervisors was held on September 14, 1988, at 7:15 P.M., in tie Board of Supervisor's Meeting Room, 9 Court Square, Wincheste Virginia. PRESENT: Kenneth Y. Stiles, Chairman; Robert M. Rhodes, Vice - Chairman; Dudley H. Rinker; Roger L. Crosen; L. A. Putn and Charles W. Orndoff, Sr. CALL TO ORDER The Chairman called the meeting to order. INVOCATION Mr. Stiles asked that everyone observe a moment of sile in absence of a Minister. ADOPTION OF AGENDA Mr. Riley stated that he had three additions, one deali with the Treasurer's Office, the Highway Department and the L Library. Upon motion made by L. A. Putnam, seconded by Robert M. Rhodes and passed unanimously, the Agenda was adopted as amended. WILLIAM BUSHMAN, RESIDENT ENGINEER, VIRGINIA DEPARTMENT OF TRANSPORTATION ADDRESSED THE BOARD RE: HIGHWAY DEPARTMENT MATTERS Mr. Bushman, Resident Engineer with the Highway Departmert appeared before the Board to request their approval on using $50,000 - $25,000 per project for Routes 671 and 682. These funds will be taken from an existing project that has sufficieit funds. Mr. Bushman explained that the Transportation Department have recently changed their accounting procedures and in doing so, no project can be started unless the funds have been allo- cated first, thus the reason for this request. Upon motion made by Roger L. Crosen, seconded by Robert Rhodes and passed unanimously, to approve the transfer of $50,000 from existing project funds for construction projects Routes 671 and 682. Mr. Stiles requested that Mr. Bushman look into having s*e- thing done with the intersection at Route 600 and Route 50 as 53 felt it is a real problem and just a matter of time before there is an accident at this site. Mr. Bushman explained that the policy from Richmond is that 70% of the funds for any project has to be available before the project can be advertised. He further explained that the work scheduled for Route 681 and 673 is slated for this year. Mr. Riley asked if he was correct in his understanding that the projects would be started but would not be finished. Mr. Bushman replied that Route 681 would be after July 1, but of the two projects, Route 673 seems to have the most urgency. Upon motion made by Dudley H. Rinker, seconded by L. A. Putnam and passed unanimously, to proceed with these two pro- jects. Mr. Bushman gave an update on the various highway projects currently going on in the County and when these projects were scheduled for completion. It was the consensus of the Board that they would like for Mr. Bushman to attend a Board meeting every two months in order to update them on the various Transportation Department projects going on in the County. REZONING APPLICATION #016 -88 - SHORE CONCRETE CORPORATION - SHAWNEE MAGISTERIAL DISTRICT - WITHDRAWN Mr. Stiles noted that the rezoning application of Shore Concrete Corporation had been withdrawn. DR. GARY DEOMS, EXTENSION AGENT, ADDRESSED THE BOARD TO REQUEST THAT FREDERICK COUNTY BE DECLARED A DROUGHT DISASTER AREA - APPROVED Dr. DeOms appeared before the Board to request that Frederick County be declared a disaster area due to the recent drought conditions and the loss of crops, etc. in the agricultur- al districts and that this request be forwarded to the State. He explained that this would be necessary in the event that funds would be received from the Federal government and in re- turn passed on to the localities. Upon motion made by Charles W. Orndoff, Sr., seconded by Roger L. Crosen and passed unanimously, the request of the Exten- 54 sion Department to declare Frederick County a drought disa area was approved. E ION OF PARTICIPATION - WINCHESTER- FREDERICK r TIFVFT.nDMRNT rnMMT:RCT0M - nPPROURT) Mr. Riley presented this resolution. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the following resolution was approved: WHEREAS, the community of the County of Frederick and City of Winchester successfully met the standards of the Virginia Community Certification Program; and WHEREAS, the community was duly recognized for this achievement by the Governor of the Commonwealth of Virginia 23rd day of September, 1985; and WHEREAS, participation in this program has positioned the community to enhance and expand its economic base; and WHEREAS, the governing body of the County of Frederick is interested in continuing its economic development effort. NOW, THEREFORE, BE IT RESOLVED, by the Frederick Count Board of Supervisors that our community wishes to maintain its status as one of Virginia's CERTIFIED COMMUNITIES AND, THEREFORE, wishes to participate in the Virginia Community Recertification Program; and BE IT FURTHER RESOLVED, that the leadership of this community fully realizes this program requires dedicated ef� and BE IT FURTHER RESOLVED, that by making entry into this program, we are pledging our honest efforts to continue our designation as a "Certified" community; and BE IT FURTHER RESOLVED, that the program requires the existence or formation of a Local Economic Development Organization, and this governing body designates the Winchester - Frederick County Economic Development Commission representing our community for the purpose of participating this program. This resolution is in full effect upon its adoption th 14th day of September, 1988. SET -OFF DEBT PROGRAM TRANSFERRED TO THE OFFICE OF THE TREASURER as Upon motion made by Robert M. Rhodes, seconded by Chariles W. Orndoff, Sr. and passed unanimously, the Office of the Treasurer is hereby designated as the Set -Off Debt Coordin for Frederick County. LAW LIBRARY FEE INCREASED TO $2 PER CIVIL CASE Mr. Riley explained that there had been some confusion what the Law Library fee had been for civil cases and that is only $1 and not $2 as was presented at an earlier Finance 55 Committee meeting. He further explained that the Board would need to vote on whether or not they were in agreement to increase this to $2 as requested by the City of Winchester. Upon motion made by L. A. Putnam, seconded by Robert M. Rhodes and passed unanimously, to increase the Law Library fee from the current $1 to $2. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 4, AMUSEMENTS; ARTICLE II, MUSICAL ENTERTAINMENT FESTIVALS; SECTION 2-3-3 - APPROVED Upon motion made by L. A. Putnam, seconded by Roger L. Crosen and passed unanimously, the following ordinance amendment was approved with the understanding that all adjacent property owners of the landowner requesting the permit be notified: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 4, AMUSEMENTS; ARTICLE II, MUSICAL ENTERTAINMENT FESTIVALS; SECTION 2 -3 -3 TO READ AS FOLLOWS: The Board shall act on such applications not later than the next scheduled regular meeting of the Board of Supervisors; provided, that the application has been on file with the Clerk to the Board and duly advertised for public hearing pursuant to Section 15.1-504 of the Code of Virginia, 1950, as amended. If granted, the permit shall be issued in writing on a form for the purpose and mailed by the Clerk to the applicant at the address indicat- ed. If denied, the refusal shall be in writing and the reasons for such denial stated therein, and mailed by the Clerk to the applicant at the address indicated. PLANNING COMMISSION BUSINESS PUBLIC HEARING CONDITIONAL USE PERMIT #011 -88 - HOLT CORPORATION GAINESBORO MAGISTERIAL DISTRICT - APPROVED Mr. Watkins, Planning and Development Director, presented this request and stated that the Planning Commission recommended approval with conditions. Mr. Jim Largent, Attorney, appeared before the Board on behalf of this request. Upon motion made by Roger L. Crosen, seconded by Dudley H. Rinker and passed unanimously, conditional use permit number 011 -88 of the Holt Corporation, c/o Flournoy L. Largent, Jr., ii Counsel, P. O. Box 808, Winchester, Virginia, for radio offices was approved. This property is located at Route 50 and Poor House Road and is identified as Parcels 50 and 50A on Tax Map 52 in the Gainesboro Magisterial District. B. K. HAYNES CORPORATION - BACK CREEK MAGISTERIAL DISTRICT - APPROVED 56 Mr. Watkins presented this request and stated that the P1 ning Commission recommend approval. Mr. Kermit Racey, Attorney, appeared before the Board on behalf of this request. Ms. Helsey Allen, lot owner, appeared before the Board and asked if the 1700 acres is part of the "Preserve" that was located in Shawneeland at one time. Mr. Rhodes replied no, the "Preserve" was located South of this property. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, rezoning application number 013 -88 of B. K. Haynes Corporation, 501 South Royal Avenue, Front Royal, Virginia, to rezone 1,735 acres from R -5 (Recrea- tional Residential) to A -1 (Agricultural Limited) for the sub- division of land for agricultural and farmet uses was approved. This property is located between Routes 55 and 50, Southwest of Winchester and is identified as Parcel 49 on Tax Map 48 in the Back Creek Magisterial District. REZONING APPLICATION #014 -88 - RICHARD A. GRABER - BACK CREEK MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this request and stated that the Planning Commission recommended approval. Mr. Graber appeared before the Board on behalf of his request. Upon motion made by Robert M. Rhodes, seconded by L. A. Putnam and passed unanimously, rezoning application number 014 -88 of Richard A. Graber, 1712 Handley Avenue, Winchester, Virginia, to rezone 1.841 acres from RP (Residential Perform- ance) to B -2 (Business General) for office or retail space was approved. This property is located at Kernstown, near Routes 652 and 706 and is identified as Parcel 23 on Tax Map 63 in the Back Creek Magisterial District. REZONING APPLICATION #015 -88 - BATTLEFIELD PARTNERSHIP - BACK CREEK MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this request and stated that the Plai ning Commission recommended approval. 57 Mr. Richard Hardison appeared before the Board on behalf of his request. Upon motion made by Robert M. Rhodes, seconded by Roger L. Crosen and passed unanimously, rezoning application number 015 -88 of Battlefield Partnership, P. O. Box 2834, Winchester, Virginia, to rezone 5.51 acres from M -1 (Industrial Limited) to B -2 (Business General) for general business uses was approved. This property is located on Route 11 South, across from DMV, approximately 480 feet East of Route 11 and is identified as Parcel 11 on Tax Map 75 in the Back Creek Magisterial District. OTHER PLANNING ITEMS PRELIMINARY MASTER DEVELOPMENT PLAN - GEORGETOWN COURT - APPROVED Mr. Watkins presented this request and stated that the Plan- ning Commission recommended approval. Mr. Chuck Maddox, of G. W. Clifford Associates, appeared before the Board on behalf of this request and stated that he felt townhouses were the best use of this property. Mr. Riley asked if the stormwater from this project would 11 go to Wright's Run. Mr. Maddox replied yes. Mr. Rinker asked if any thought had been given with regard to a traffic light for this area. Mr. Maddox replied no. Mr. Rinker explained that the additional traffic that would be generated by a project such as this, as well as the additional stormwater, concerned him and he did not want to see another situation created such as the one in Nottoway and The Pines, with all their problems with stormwater. Mr. Rinker asked if sewer is currently available in this area. Mr. Watkins explained that final occupancy permits will not be issued until the sewer is available. The Board addressed at length the area of having land that is already rezoned for residential building and the Board continuing to approve these additional requests and the fact that Parkins Mill Plant, which is not slated for completion 58 until September, 1989, will not be able to handle all of this additional building. Mr. Stiles explained that just because property is approved for building does not mean that it will be built on in the near future. Mr. Putnam requested that more up -to -date figures be supplied by the Sanitation Authority in order that the Board might know exactly what is being requested as far as sewer lines are concerned. Mr. Watkins explained that some master development plans have been on file for three and four years without any develop- ment taking place. Mr. Rinker replied if the interest rate goes down, that could change. Mr. Stiles noted that a lot more information is needed from the Sanitation Authority. Mr. Dave Holliday, local contractor, appeared before the Board and stated that it was his understanding that the Sanitation Authority is not planning to take the Lakeside Plant off line completely as was discussed earlier in this meeting. He further explained that a builder loses the preconnection fee that he pays if the lot is not built on within so many days. Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes, and passed unanimously, the preliminary master develop- ment plan of Georgetown Court was approved. PRELIMINARY MASTER DEVELOPMENT PLAN - JEFFERSON VILLAGE - APPROVED Mr. Watkins presented this request and stated that the Plan- ning Commission recommended approval. Mr. Chuck Maddox appeared before the Board on behalf of this request. Mr. Rinker asked if this would have curb and gutter. Mr. Maddox replied no, just ditch. Mr. Rinker questioned the area for open space and would this space be for everyone's use. Mr. Rinker asked about the policy on cul -de -sacs for subdivisions and stated that in this LIAM case he felt some of the streets could be connected which would help with traffic flow. Upon motion made by Dudley H. Rinker, seconded by Charles W. Orndoff, Sr. and passed unanimously, the preliminary master development plan of Jefferson Village was approved. Mr. Rinker stated that he did have reservations with this request with regard to stormwater drainage and traffic flow. REVISED PRELIMINARY Mr. Watkins presented this request and stated that the Plan- ning Commission recommended approval. Mr. Chuck Maddox appeared before the Board on behalf of this request. The Board discussed traffic from this project to Routes 522 and 37. Mr. Stiles stated that he had discussed with certain proper- ty owners in this area about their donation of land for a right- of -way in order that a road might be built. Mr. Rinker asked why some of the information presented at tonight's meeting was not made available in the Agenda in order that the Board members might have had a little longer time to review it prior to the meeting. Mr. Dave Holliday appeared before the Board and explained that he had paid for this off -site study which Mr. Maddox had presented at this meeting as far as additional information was concerned, as this was not a requirement for a revised preliminary master development plan being brought back to the Board. Mr. Rinker stated that he felt a road was needed back from Route 636. Mr. Crosen asked if the County Transportation Committee had seen this and if not they should, with their recommendation going to the Planning Commission and then back to the Board. Mr. Rinker asked if the Parks and Recreation Commission would have any further comments on this request. Mr. Stiles replied no. Ell Mr. Crosen stated that a lot of things tie together in this request. Mr. Maddox explained that all that is before the Board at this meeting is the master development plan. Mr. Putnam stated that he felt the concept made a lot of sense but he felt it should go to the County Transportation Committee. Mr. Rinker stated that he would like to see the plan up- dated with all the changes. Mr. Holliday stated that he was not sure that all transpor- tation changes had been worked out. Upon motion made by Dudley H. Rinker and seconded by Robert M. Rhodes, to approve the revised preliminary master development plan of Fredericktowne Estates. The above motion was passed by the following recorded vote: Aye - Kenneth Y. Stiles, Robert M. Rhodes, Roger L. Crosen, L. A. Putnam and Charles W. Orndoff, Sr. Nay - Dudley H. Rinker. MEMORANDUM RE: RECOMMENDATIONS ON ALTERNATIVE SEWAGE DISPOSAL SYSTEMS - APPROVED Mr. Watkins presented these recommendations. Mr. Crosen presented a memorandum that he would like for the Board to consider with regard to proposed regulations for nonconventional septic systems in Frederick County and stated that he did not feel a new piece of land should have a sand fil- ter system installed. Mr. Rhodes stated that he felt the State is shirking their responsibility as far as filter systems are concerned. Mr. Crosen stated that the Health Department is saying that they will not issue permits for a self contained mechanical system unless the County comes up with an inspection program. Mr. Stiles explained that the Regulatory Advisory Committee is the committee that needs to discuss this. Mr. Crosen stated that if the County does not take a stand on this then the sand filter system will continue to be put in. Mr. Putnam asked what would happen to those that could not get a conventional system put in. 61 Mr. Crosen explained that these regulations would not worsen this. Mr. Stiles replied that it would. Mr. Rhodes asked what would happen if a group of citizens, say those in Shawneeland, wanted to build their own plant, what would happen then if they adopted these regulations. He stated that he felt this needed to go back for further study. Mr. Putnam stated that he felt Mr. Crosen had some real concerns. Mr. Stiles explained that is why he felt this needed to go to the Committee. It was the consensus of the Board that this go to committee for further review and recommendations. Below is Mr. Crosen's recommendations: 1. Mechanical treatment systems will not be allowed at all. 2. Sand filter systems will be allowed only when a conventional system has been denied and one of the following conditions applies: a. There is an existing house with a septic system that has failed. b. There is an existing house where a bathroom is being installed for the first time. c. A health permit for a conventional septic system was issued previously but will not be reapproved. COMMITTEE REPORTS LAW ENFORCEMENT AND COURTS COMMITTEE R EPORT Mr. Crosen, Chairman of the Law Enforcement and Courts Committee, presented the following report: The Law Enforcement and Courts Committee met on Thursday, September 1, 1988, at 4 :00 P.M., in the Old County Courthouse Conference Room. Present were Board members Roger L. Crosen and Robert M. Rhodes; Committee members Larry P. Coverstone and Charles R. McIlwee; County Administrator John R. Riley, Jr.; Assistant County Administrator Stephen F. Owen; Commonwealth's Attorney Lawrence R. Ambrogi; Sheriff Charles L. Sturdivant; and Administrative Assistant John Liggett. The following items were discussed: Items Requiring Action 61 riff's Request for a roved )lemental Appropriation - The Committee discussed and unanimously recommends a supplemental appropriation in the amount of $2,868 for one month's salary for Captain Barrus's replacement. Captain Barrus's replacement will be hired one month before he leaves to facilitate a smooth transition. Upon motion made by Roger L. Crosen, seconded by Robert M. Rhodes and passed unanimously, the above was approved. Assistant Commonwealth's Attorney's Re quest for Second Assistant Position The Committee discussed a request for an Assistant Common- wealth's Attorney /Assistant County Attorney position in the Commonwealth's Attorney's office. The committee recommends approval, with Roger Crosen voting against. This is to be acted upon under the "Personnel Committee Report ". Items Not Requiring Action Vicious Dog Ordinance The Committee discussed the negative ramifications of adopt- ing a Vicious Dog Ordinance and does not recommend the ordinance at this time. Drug Task Force The Committee discussed current staff levels and effective- ness of the Drug Task Force and agreed to evaluate the situation again in approximately six months. PERSONNEL COMMITTEE REPORT Mr. Putnam, Chairman of the Personnel Committee, presented the following report: The Personnel Committee met on Thursday, September 8, 1988, with the following members present: Steve Putnam, Roger Crosen, Clarence Hunter, John Riley, Steve Owen and Ann Kelican. James Longerbeam was absent. The Committee submits the following re- port and recommendations to the Board of Supervisors for consid- eration: Request from Commissioner of the Revenue to Withdraw from County Pay Plan LMI The Committee tabled this request to the next meeting for further information and study. Request from Commonwealt Assistant Commonwealth' h's Attorney to Hire an Additional Attorney - Approved The Committee tabled this request to the next meeting for further information. Upon motion made by L. A. Putnam and seconded by Robert M. Rhodes, to approve the above request. The above motion was passed by the following recorded vote: Aye - Robert M. Rhodes, Dudley H. Rinker, L. A. Putnam and Charles W. Orndoff, Sr. Nay - Roger L. Crosen. Mr. Stiles did not vote. Request from Information Services's Director for New Classification and Promotion - Approve The Committee reviewed a request from the Information Services's Director to create a Programmer classification at a Range 17 in the schematic list of classes and promote Mr. Michael Phillips to that position at an annual salary of $21,594. The Committee recommends approval of this request. Upon motion made by L. A. Putnam, seconded by Roger L. Crosen and passed unanimously, the above was approved. Request from Sheriff for Salary Adjustment - Approved The Committee reviewed a request from the Sheriff for a salary adjustment for a County funded deputy position, as set forth on the attached memo, and recommends approval of said re- quest. Upon motion made by L. A. Putnam, seconded by Dudley H. Rinker and passed unanimously, the above was approved. County Administrator's uest for Funds for Promotion - The Committee reviewed a request from the County Administrator for funds in the amount of $2,400 - ($1,910 - Salary Increase, $490 - Fringes) to fund the administrative promotion of the Clerk Typist III assigned to the Assistant County Administrator to an Administrative Assistant position at Range 10, Step 3. The Committee recommends approval of this request. M Upon motion made by L. A. Putnam, seconded by Dudley H. Rinker and passed unanimously, the above was approved. FINANCE COMMITTEE REPORT Mr. Rhodes, Chairman of the Finance Committee, presented the following report: The Finance Committee met on Tuesday, September 6, 1988. Dudley Rinker was absent, all other members were present. The following items require Board action: Advertisement of County's Delinquent Tax List - Approved The Board of Supervisors requested that the Finance Committee recommend how to advertise the County's delinquent tax list. The Finance Committee recommends advertising, by citizen name and amount, all delinquent taxes for the 1987 tax year as of June 30, 1988. Additionally, they recommend that a dis- claimer should be in the advertisement stating this does not include prior years delinquent taxes. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. Request from Fire and Rescue Association for a General Fund Appropriation Transfer in the A mount of $2,OOU - The Fire and Rescue Association is requesting a General Fund appropriation transfer in the amount of $2,000 for the purchase of dry hydrants. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. st from Parks and Recreation Commission for a General Supplemental Appropriation - Approved The Parks and Recreation Commission is requesting a General Fund supplemental appropriation for their maintenance building. The Committee recommends approval of option number two for $57,875. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. st from Division of Court Services for a Supplemental 65 The Division of Court Services is requesting a supplemental appropriation in the amount of $3,839.85. The Committee recom- mends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. uest from the Sheriff's Department for a Supplement The Sheriff's Department is requesting a General Fund supplemental appropriation in the amount of $5,000 for the purchase of miscellaneous supplies. No local funds are required. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. General Fund Appropriation Transfer in the Amount of 900 for New Animal Control Position - Approved Request for a General Fund appropriation transfer in the amount of $900. The Board of Supervisors approved a new Animal Control position on 7- 13 -88, with funding of $14,000. In order to provide all fringe benefits an additional $900 is needed. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. Request from the Finance Director for a General Fund Supplemental Appropriation in the Amount of $67,685 The Finance Director is requesting a General Fund supplemental appropriation in the amount of $67,683 for Constitutional Officers's state salary and fringe benefit increases FY 88 -89. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. uest from the Assistant County Administrator for a eral Fund Appropriation Transfer from Capital tinaencv in the Amount of $6,700 - Approved State Local Total Treasurer $ 1,532 $ 790 $ 2,322 Commissioner of Revenue 1,673 861 2 Registrar 1,493 1,493 Commonwealth's Attorney 4,350 4,350 Sheriff's Department 54,557 2,427 56,984 Total 63,605 4,07 67,683 Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. uest from the Assistant County Administrator for a eral Fund Appropriation Transfer from Capital tinaencv in the Amount of $6,700 - Approved FAMAD M• The Assistant County Administrator is requesting a General Fund appropriation transfer from capital contingency in the amount of $6,700 for the new animal shelter. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. The following is for your information only: 1. Attached is a summary of appropriation transfers pro- vided by the School Finance Director. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. - � " - " U #j L A ; Lt) a&4 "-'j C a'rman, Boa of-Supervisors Cle , Board of Supery sors