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HomeMy WebLinkAboutJanuary 13, 1988 Regular Meeting41.6 A Regular Meeting of the Frederick County Board of Super- visors was held on January 13, 1988, at 7:15 P.M., in the Board of Supervisor's Meeting Room, Frederick County Courthouse, Loudoun Street Mall, Winchester, Virginia. PRESENT Kenneth Y. Stiles, Chairman; Robert M. Rhodes; Dudley H. Rinker and Roger L. Crosen. CALL TO ORDER The Chairman called the meeting to order and asked that everyone observe a moment of silence in absence of a Minister. ADOPTION OF AGEN Mr. Stiles noted that items A, B C, and D under "Organiza- tion of the Board of Supervisors" would be moved to the first item on the Agenda. Mr. Riley stated that he had a request for funds for the Jail and also the Highway Department. He also noted that Dr. Malcolm Tenney who was scheduled to address the Board at tonight's meeting had a conflict but he would be present at the meeting on January 27. Mr. Stiles stated that the rezoning application number 037 -87 of Michael Mehas and the ordinance amendment on sands and clay mining had been tabled by the Planning Commission, there- fore the Board would not take any action on either item at this meeting. Upon motion made by Robert M. Rhodes, seconded by Roger L. Crosen and passed unanimously, the Agenda was adopted as amend- ed. ORGANIZATION OF THE BOARD OF SUPERVISORS Election of Vice - Chairman Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, Robert M. Rhodes was appointed a= Vice - Chairman of the Board of Supervisors for 1988. Adoption of Rules of Order Upon motion made by Robert M. Rhodes, seconded by Roger L. Crosen and passed unanimously, Robert's Rules of Order was adopted as the Rules of Order for the Board of Supervisors for d = r Appointment of Parliamentarian Upon motion made by Robert M. Rhodes, seconded by Roger L. Crosen and passed unanimously, John R. Riley, Jr. was appointed as the Parliamentarian for the Board of Supervisors for 1988. Selection of Time and Place of Meeting Upon motion made by Robert M. Rhodes, seconded by Roger L. Crosen and passed unanimously, 7:15 P.M. on the second and fourth Wednesdays of each month, in the Frederick County Court- house, Loudoun Street Mall, Winchester, Virginia, was selected as the time and place for Board of Supervisors meetings for 1988. CHARLES W. ORNDOFF, SR. APPOINTED TO BOARD OF SUPERVISORS AS A REPRESENTATIVE FROM STONEWALL DISTRICT Upon motion made by Robert M. Rhodes, seconded by Roger L. Crosen and passed unanimously, Charles W. Orndoff, Sr. was appointed to the Board of Supervisors as a representative from Stonewall District. Mr. George Whitacre, Clerk of the Circuit Court for Frederick County, appeared before the Board at this time to administer the oath of office to Mr. Orndoff. Mr. Orndoff took his seat at the Board table at this time. APPROVAL OF MINUTES Mr. Crosen stated that on Page 3 of the minutes of November 11, 1987, the last paragraph, it should read "Health" department and not "Highway" department. Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the minutes of the regular meeting of November 11, 1987 were approved as amended. COMMITTEE APPOINTMENTS Mr. Stiles stated that Board member appointments will be done at the January 22 meeting with the exception of the follow- ing: Robert M. Rhodes and Roger L. Crosen will serve on the Regional Jail Board. Robert M. Rhodes will serve on the Economic Development Commission. Kenneth Y. Stiles will serve on the Planning Commission. 418 Reappointment /Appointment of Citizens to Various County Committees, Commissions, Boards, Etc. The following appointments were unanimously approved: Code and Ordinance Stephen G. Butler and George W. Johnston, III. Finance Committee Richard C. Shickle, Sr., Carl F. Fryling, Jr. and Will L. Owings. Information Services William O. Bauserman and James L. Beaukema. Law Enforcement and Courts Larry P. Coverstone and Charles R. Mcllwee. Personnel: Lt. Col. (Ret.) James L. Longerbeam and Clarence L. Hunter. Public Works Committee Col. (Ret.) W. Wayne Miller, Keith A. Tubandt. Extension Advisory Committee J. Robert Russell, Gainesboro District. Carolyn L. Marker, Back Creek District. Gwen H. Lunsford, Shawnee District. Janet Stiles, Stonewall District. Harold G. Nichols, Opequon District. C. Joseph Lizer. Margaret B. Douglas. Transportation Committee Julian Carper, Opequon District. Jacques E. Billmyer, Back Creek District. James M. Racey, II, Shawnee District. Elmer H. Lauck, Gainesboro District. Franklin D. Taylor, Stonewall District. It was noted that reappointment /appointment of citizens to the Gypsy Moth Committee will be done at the next Board meeting.) GEORGE L. ROMINE REAPPOINTED TO T HE PLANNING COMMISSION Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, George L. Romine was reappointed to the Planning Commission as a Citizen -at- Large, said term to commence January 13, 1988 and expire January 13, 1992. MARJORIE H. COPENHAVER REAPPOINTED TO THE PLANNING COMMISSION Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, Marjorie H. Copenhaver was re- appointed to the Planning Commission as a Citizen -at- Large, sa 419 term to commence on January 13, 1988 and expire on January 13, 1992. MANUEL C. DEHAVEN REAPPOINTED TO THE PLANNING COMMISSION Upon motion made by Charles W. Orndoff, Sr., seconded by Roger L. Crosen and passed unanimously, Manuel C. DeHaven was reappointed to the Planning Commission as a representative from 11 Stonewall District, said term to commence on January 13, 1988 and expire January 13, 1992. BEVERLY J. SHERWOOD APPOINTED TO THE PLANNING COMMISSION AS A REPRESENTATIVE FROM GAINESBORO DISTRICT Upon motion made by Roger L. Crosen, seconded by Dudley H. Rinker and passed unanimously, Beverly J. Sherwood was appointed to the Planning Commission as a representative from Gainesboro District, said term to commence January 13, 1988 and expire on January 13, 1992. CARMEN A. RIO APPOINTED TO THE PARKS AND RECREATION COMMISSION AS A REPRESENTATIVE FROM GAINESBORO DISTRICT Upon motion made by Roger L. Crosen, seconded by Robert M. Rhodes and passed unanimously, Carmen A. Rio was appointed to the Parks and Recreation Commission as a representative from Gainesboro District, said term to commence January 13, 1988 and expire January 13, 1992. DONALD T. WILSON, JR. APPOINTED TO THE PARKS AND Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, Donald T. Wilson, Jr. was appoint- ed to the Parks and Recreation Commission as a representative from Opequon District, said term to commence January 13, 1988 and expire January 13, 1992. PATRICIA D. PERRY REAPPOINTED TO THE PARKS AND RECREATION COMMISSION Upon motion made by Robert M. Rhodes, seconded by Roger L. Crosen and passed unanimously, Patricia D. Perry was reappointed to the Parks and Recreation Commission as a Member -at- Large, said term to commence January 13, 1988 and expire January 13, 1992. REQUEST FROM SHERIFF'S DEPARTMENT FOR ADDITIONAL FUNDING FOR FY - - APPROVED E M Mr. Riley presented this request and stated that the Sheriff's Department is requesting funds for additional manpower, equipment for vehicles and a full time nurse position at the jail. He further stated that a general fund appropriation transfer in the amount of $42,512 (local funds) are required. He further stated that a supplemental appropriation of State funding in the amount of $39,423 would be necessary. Captain John Liggett, with the Sheriff's Department, appeared before the Board on behalf of this request and stated that the nurse position had been approved sometime ago but no one was interested as fringe benefits were not included. Mr. Rinker asked if the nurse would be just for inmates at the jail. Captain Liggett replied that was correct. Upon motion made by Robert M. Rhodes, seconded by Dudley H.I Rinker and passed unanimously, the above request from the Sheriff's Department was approved. REQUEST FROM SHERIFF'S DEPARTMENT FOR MODULAR HOUSING UNITS AT THE JAIL - APPROVED Mr. Riley stated that $35,000 would be needed from fund balance for two modular housing units to be put in place at the present jail site, Cameron Street, for housing additional prisoners. Mr. Rinker asked how much time would be involved. Mr. Riley replied that the units are readily available. Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes and passed unanimously, the placement of two housing units at the jail to be used to house the overflow of prisoners was approved. JACK BEELER APPOINTED TO THE SHAWNEELAND SANITARY DISTRICT ADVISORY BOARD Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, Jack Beeler was appointed to serve on the Shawneeland Sanitary District Advisory Board. REGIONAL JAIL UPDATE 421 Mr. Riley presented this report and stated that to date, $25,000 had been spent in architectural fees for site evaluation and analysis. He further stated that site selection should be forthcoming in the very near future. PUBLIC HEARING A RESOLUTION TO AMEND THE ARTICLES OF INCORPORATION OF THE FREDERICK COUNTY SANITATION AUTHORITY Mr. Stiles presented this request and stated that there was an oversight in publication when this was presented to the Board in June. He stated that this correction had been made and the Board needed to act on this amendment at this time. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the Articles of Incorporation of the Frederick County Sanitation Authority were amended to pro- vide for the increase of the number of members of the Authority from five to six. PLANNING COMMISSION BUSINESS PRELIMINARY MASTER DEVELOPMENT PLAN OF FORT BRADDOCK HEIGHTS - REFERRED BACK TO THE PLANNING COMMISSION Mr. Watkins, Planning and Development Director, presented this request and stated that the staff and Planning Commission recommended approval. Mr. Ed Dove, President of Dove Associates, appeared before the Board on behalf of this request. Mr. Dove stated that the Planning Commission members had expressed concern of all the open space that appeared on the plans. He further stated that part of this subdivision is in the County and part in the City. He presented an amended plan at this time. Mr. Stiles stated that the neighbors had expressed concern with the original plans. Mr. Dove stated that there was no open space shown on the revised plans. Mr. Stiles stated that plans showing the open space would have to be made available to the Board before they could vote on it. Mr. Watkins stated that he felt this could be worked out but should go back to the Planning Commission. 421 Mr. Donald W. Luttrell, neighbor, appeared before the Boa and asked for the definition of cluster housing. Mr. Stiles explained this to Mr. Luttrell. Mr. Luttrell asked what this type of housing does to the value of houses already there and was this type of development in keeping with the Comprehensive Plan. Mr. Stiles replied that it was in keeping with the Compre- hensive Plan. Mr. Luttrell stated that he felt that 95% of the residents were against this development. Mr. Stiles stated that this property has been zoned residential for some time. Mr. Crosen asked Mr. Luttrell exactly what the neighbors would like to see as far as development was concerned for this area. Mr. Luttrell stated that they felt there would be develop- ment, but not to this extent, they do not want cluster homes. Upon motion made by Dudley H. Rinker, seconded by Charles W. Orndoff, Sr. and passed unanimously, the preliminary master development plan of Fort Braddock Heights was referred back to the Planning Commission. Mr. Orndoff noted that he would vote on this but would li for the record to show that his son -in -law is employed by Dove Associates, however he did not feel his vote was a conflict. PRELIMINARY MASTER DEVELOPMENT PLAN OF FIELDSTONE HEIGHTS - APPROVED Mr. Watkins presented this request and stated that the staff and Planning Commission recommended approval. Mr. Bruce Edens, surveyor, appeared before the Board on behalf of this request. Mr. Rinker requested that the school officials be made aware of this request. Mr. Stiles noted that this was policy now with all plans that are approved. Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes and passed unanimously, the preliminary master develop- ment plan of Fieldstone Heights was approved. 4 - ci MEMORANDUM RE: SEWAGE TREATMENT PLANT AT WHEATLANDS Mr. Watkins presented this. Mr. Crosen asked if this was the only block of land in this area that is zoned R -5. Mr. Riley replied that is correct. Mr. Crosen asked if at some point the Sanitation Authority and the County could be forced to take this plant over. Mr. Riley replied yes. Mr. Stiles stated that if anything goes wrong the owners would be the ones to foot the bill, not all taxpayers. Mr. Rinker asked if this plant would eventually wind up like the other plants, overcrowded. Mr. Stiles stated that he felt this would give builders a build out schedule and that the State Water Control Board is tougher on private plants more so than municipal ones. The Board did not need to act on this matter at this time. PUBLIC HEARING REZONING APPLICATION #037 -87 OF MICHAEL MEHAS - BACK CREEK MAGISTERIAL DISTRICT - TABLED The rezoning application request of Michael Mehas was tabled. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the above ordinance amendment was tabled. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 211 ZONING, ARTICLE I, IN GENERAL, 1 -1 -110, ADDITIONAL DEFINITIONS, TO DEFINE MINING - TABLED Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the above ordinance amendment was tabled. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, ARTICLE III AND ARTICLE IV TO ALLOW FUNERAL 424 Upon motion made by Roger L. Crosen and seconded by C. William Orndoff, Sr., to approve the following ordinance amendments: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, ARTICLE III AND ARTICLE IV TO ALLOW FUNERAL HOMES AND CEMETERY OFFICE COMPLEXES IN CEMETERIES IN THE A -1 (AGRICULTURAL LIMITED) AND THE A -2 (AGRICULTURAL GENERAL) ZONING DISTRICTS AS FOLLOWS: An ordinance to amend the Frederick County Code, Chapter 21, Zoning, Article III, A -1 (Agricultural Limited) District, Section 3 -2, Use Regulations, with the following: 3 -2 -25 Funeral homes and cemetery office complexes in cemeteries. An ordinance to amend the Frederick County Code, Chapter 21, Zoning, Article IV, A -2 (Agricultural General) District, Section 4 -2 Use Regulations, with the following: 4 -2 -28 Funeral homes and cemetery office complexes in cemeteries. The above motion was passed by the following recorded vote: Aye - Kenneth Y. Stiles, Robert M. Rhodes, Roger L. Crosen and C. William Orndoff, Sr. Nay - Dudley H. Rinker. ANNUAL REVIEW, RENEWAL AND CANCELLATION OF CONDITIONAL USE PERMITS REQUIRING ANNUAL REVIEW AND RENEWAL - TABL Following Board discussion this was tabled until the next Board meeting in order that the Board might have time to review the information. Mr. Orndoff asked if there was a charge for these permits. Mr. Stiles replied a one time fee of $75. Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the above was tabled. REQUEST FROM THE VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION TO TRANSFER FUNDS FROM THE RURAL ADDITION ACCOUNT - APPROVED Upon motion made by Dudley H. Rinker, seconded by C. William Orndoff, Jr. and passed unanimously, to transfer $55,600 from the Rural Addition Account to cover the following expenditures: $71,000 - Rural Addition Balance $10,600 - Miscellaneous Deficits $45,000 - Carolyn Avenue (Route 1116) Expenditures (Town of Middletown) The remaining $15,400 will be used to cover any forthcoming expenditures on Route 870. FIRE AND RESCUE COMMITTEE REPORT 425 Mr. Owen presented the following report and stated that it was for the Board's information: The Fire and Rescue Committee met on Monday, December 21, 1987, at 7:30 P.M., in the Round Hill Volunteer Fire Company facility. All companies were represented. Also in attendance were Board member C. William Orndoff, Jr.; Emergency Services Coordinator Homer H. Sanders and Assistant County Administrator Stephen F. Owen. The following items were discussed, however, none require Board action: Emergency Services Coordinator's Report Homer Sanders reported on the following items: a. Evacuation Plans - for the county schools are proceed- ing well; b. Super 8 Motel Fire Pre -Plan - Homer and Walt Cunningham were asked to provide a fire inspection pre -plan and some train- ing for the Super 8 Motel; and C. Incident Book - is almost complete. CALLS System Steve Owen reported that the C &P Telephone application for service had been signed for the CALLS System. EOP Exercise Steve Owen and Homer Sanders advised that the tabletop exercise of the Emergency Operation's Plan is scheduled for January 25, 1988. All companies were encouraged to participate. Annual Financial Report Forms Each company received a copy of the Annual Financial Report Form. Pagers Steve Owen advised that pager units have been ordered for John Riley, Homer Sanders and himself. Dry Hydrant Piping The Committee asked Steve Owen to check on purchasing PVC pipe from the Sanitation Authority. Public Safety Officer's Benefit's Act 426 A handout on this Act, which provides a $50,000 death bene -I fit to families of firefighters killed in the line of duty, was discussed. Hepatitis Inoculation There was some discussion of the need for and cost of pro- viding hepatitis inoculations to all first responders and rescuell squad personnel. Suggestions Walt Cunningham suggested that extra fire protection measures should count for density bonuses under the County's RP Zoning Ordinance and that a firefighter should be put on the Planning Commission. This was referred to the Planning Commission. ROBERT W. WATKINS, PLANNING AND DEVELOPMENT DIRECTOR, - EVALUATION APPROVED Upon motion made by Robert M. Rhodes, seconded by Dudley H.I Rinker and passed unanimously, the evaluation of Robert W. Watkins, Planning and Development Director, was approved with and increase of $3,000. COMMONWEALTH'S ATTORNEY RENDERED OPINION ON SCHOLARSHIP FUND FOR SHENANDOAH COLLEGE Lawrence R. Ambrogi, Commonwealth's Attorney, stated that in his opinion, the County could not establish a scholarship fund for Shenandoah College for the benefit of Frederick County graduates. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, to accept the opinion of the Commonwealth's Attorney and not to request an opinion from Mary Sue Terry, Attorney General, on this matter. Mr. Stiles requested that Route 600, between Route 50 West and 522 North, be referred to the Transportation Committee. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. afonan, Board f Supervisors - ClejpK, Board of Sup rvisors