Loading...
HomeMy WebLinkAboutApril 13, 1988 Regular MeetingA Regular Meeting of the Frederick County Board of Super- visors was held on April 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, Vice - Chairman; Dudley H. Rinker; Roger L. Crosen; L. A. Putnam and Charles W. Orndoff, Sr. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by the Reverend William Anthony Layman of the Braddock Street United Methodist Church. ADOPTION OF AGENDA Mr. Riley stated that Mr. Dixon Whitworth, representing the Chamber of Commerce, would like to address the Board with refer- ence to the proposed Convention Center. He further stated that the Finance Committee Report would be acted upon at the time the budget is adopted. Mr. Riley further stated that Delegate Alson Smith was to be present at this meeting to present the Resolu- tion Recognizing the County's 250th Anniversary as approved by the General Assembly, however, it was decided this would be done at the Joint Civic Dinner in conjunction with the Apple Blossom Festival. Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the Agenda was adopted as amend- ed. APPROVAL OF MINUTES Mr. Crosen had a number of changes on Page 20 of the minutes of February 10, 1988 which dealt with changes in the funding request of the Sheriff's Department. These changes were part of the Law Enforcement and Courts Committee Report presented at the Board meeting. Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the minutes of the regular meet- ing of February 10, 1988 were approved as amended. J04 Upon motion made by Dudley H. Rinker, seconded by Roger L. Crosen and passed unanimously, the minutes of the regular meet- ing of Feburary 24, 1988 were approved as submitted. CLOSING OF COUNTY OFFICES FOR APPLE BLOSSOM FESTIVAL - n nnDn[7L'r% Upon motion made by L. A. Putnam, seconded by Dudley H. Rinker and passed unanimously, the closing of County offices on Friday, April 29, 1988, for the Apple Blossom Festival, was approved. DONALD R. HODGSON REAPPOINTED TO THE SANITATION AUTHORITY Upon motion made by L. A. Putnam, seconded by Dudley H. Rinker and passed unanimously, Donald R. Hodgson was reappointed to the Sanitation Authority, said term to commence April 15, 1988 and expire on April 15, 1992. APPOINTMENT TO THE LORD FAIRFAX HEALTH SERVICES ADVISORY BOARD -- TABLED UNTIL THE NEXT BOARD MEETING It was the consensus of the Board to table this item until the next Board meeting. DIXON WHITWORTH ADDRESSED THE BOARD RE: PROPOSED CIVIC CENTER Mr. Dixon Whitworth appeared before the Board on behalf of the Chamber of Commerce to discuss cons of the proposed Civic Center. general consensus was to have this election this November and if this running short. Mr. Stiles appointed Mr. Cros with the Board the pros and He stated that he felt the go to referendum in the was to be done time was an, Mr. Putnam and Mr. Riley to serve on a committee that will be working with a similiar committee from the City on this project. Mr. Stiles requested that they report back to the Board on their findings at the first meeting in August. It was felt that a site needed to be decided on before thi would be put on the ballot. D R. RATCLIFF, CH AIRMAN O THE 250TH ANNIVERSARY rnMMTTTFR _ AnnRF.RRRn Tar. R(1nRn Mr. Don Ratcliff, Chairman of the 250th Anniversary Committee, appeared before the Board to bring them up to date what the Committee had been doing and what was planned for the rest of this year for the County's 250th Anniversary. He stated that pamphlets had recently been published and that the book that was being published would soon be available. Mrs. Rhoda Maddox, Committe member, appeared before the Board to show them the banner that would be used during the year at various events commemorating the 250th Anniversary with the upcoming Shenandoah Apple Blossom Festival being the first. TOM CHRISTOFFEL, EXECUTIVE DIRECTOR OF THE LORD FAIRFAX PLANNING DISTRICT COMMISSION, ADDRESSED THE BOARD RE: TRANSPORTATION MEETING Mr. Tom Christoffel, Executive Director of the Lord Fairfax Planning District Commission, appeared before the Board to in- vite them to a transportation meeting that has been scheduled for May 17. He stated that Mr. Bill Bushman and Mr. Ripley of the State Highway and Transportation Department would be in attendance. FINANCE COMMITTEE REPORT Mr. Rhodes, Chairman of the Finance Committee, presented the following report: The Finance Committee met on Tuesday, April 5, 1988, at 5:30 P.M., in the Conference Room of the Old Courthouse. All members were present. The following items require Board action: Request for a School Operating Fund Appropriation Transfer in the Amount of 2,0 0.56 - Approved The School Finance Director is requesting a transfer of funds from fuel to equipment, FY 1987 -1988. No additional local funds are required. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by L. A. Putnam and passed unanimously, the above recommendation was approved. Request for a School 02erating Fund Supplemental A ro- priation in the Amount of 16,141.00 - Approved The supplement represents Federal funds for the Drug -Free School and Community Act Program. No additional 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 recommendation was approved. 506 to uest for a General Operating Fund )riation in the Amount of 486 - App lemental A The Director of Parks and Recreation is requesting to fees collected. No additional local funds are required. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by L. A. Putnam and passed unanimously, the above recommendation was approved. Request from the Sheriff's Department for General Fund Appropriation Transfers in the Amount of - Funds are requested to be transferred from ADP equipment postage and telephone in order to meet current expenditure within the Department. No additional local funds are required. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H.1 Rinker and passed unanimously, the above recommendation was approved. Request from the Clerk of the Circuit Court for Authorization to Go Out to Bid for a New Filing System - Approved Attached correspondence gives price quotes from $8,118 to $19,998. If approved, they would be required to advertise in the newspaper for proposals unless such a system could be ob- tained on State contract. The Committee recommends the Board approve an appropriation transfer from contingency up to $14,000. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. est for a General Fund Appropriation Transfer from ating Contingency in the Amount of , - oved See attached correspondence and medical bills. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by L. A. Putnam and passed unanimously, the above recommendation was approved. Request from the Registrar for a General Fund Supplemental Appropriation in the Amount of 7,882.88 - Approved 507 The State is reimbursing the Registrar for expenses incurr- ed during the primary. 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 recommendation was approved. Request from Parks and Recreation for a General Fund Appropriation Transfer from Operating Co in the Amount of $749.50 - Approved Please see attached memo from the Director of Parks and Recreation. 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 School Finance Director for a School Operating Fund Supplemental Appropriation in the Amount of $27,170 - Approve The Committee recommends approval of a FY 1987 -1988 supple- mental appropriation and a reduction of General Fund transfers to the School Operating Fund FY 1988 -1989, thus decreasing the School appropriations FY 88 -89 by $27,170. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. Request from the County Administrator for a General Fund Appropriation Transfer (from Within Their Department) in }y, nF _ 7 1 - KnnYncfcri No additional 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 recommendation was approved. equest from the Northwest Regional Jail Project for upplemental Appropriations - Approved The Project has $31,782 from prior years and is requesting the following supplemental appropriations: The Committee recom- mends approval. FY 1987 -1988 Supplemental Appropriations Requested: 11- 3304 - 7005 -00 Motor vehicle 508 (Radio Upgrade) $ 2,558 11- 3304 - 3010 -00 Other Contractual Services (Counseling) 1 11- 3304 - 5806 -00 Reserve for Contingencies 4 11- 1804 -01 Reimbursement to Page County 4,567 Subtotal $13,341 FY 1988 -1989 Expenditure of Prior Years Funds: Reduction of localities share of project: $15,891 Frederick $ 4 Clarke 1 Warren 3,088 Shenandoah 3,737 Winchester 2,810 Total $15,891 11- 3304 - 3010 -00 Other Contractual Services (Counseling) 2,550 Subtotal 18,441 Grand Total $31,782 Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. The following General Fund requests are for FY 1988 -1989 that require Board action: est for a Supplemental Appropriat from the Coun Administrator - A Request for a supplemental appropriation from the County Administrator in the amount of $566 to pay increase in VML dues. Prior years dues were $5,830. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by L. A. Putnam and passed unanimously, the above was approved. Request from the Winchester Chamber Orchestra for a Supplemental Appropriation - Approved Request from the Winchester Chamber Orchestra for a supple- mental appropriation in the amount of $2,000 for a donation. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above was approved. a� Request for a Supplemental Ap rol2riation in the Amount of 12,329 from Northwestern Community Services - Approved Request for a supplemental appropriation in the amount of $12,329 from Northwestern Community Services. They received local funding of $68,845 FY 1987 -1988. Their original request FY 88 -89 was for $75,645, with the Committee recommending $70,000, as advertised for the public hearing. They have now finalized their budget process and are requesting FY 88 -89 an amount of $82,329 which is an increase of $12,329 over our current proposal. The Committee recommends the funding level be $75,645 FY 1988 -1989. Upon motion made by Robert M. Rhodes and seconded by L. A. Putnam, to approve the above request. The above motion was passed by the following recorded vote: Aye - Kenneth Y. Stiles, Robert M. Rhodes, Dudley H. Rinker, L. A. Putnam and Charles W. Orndoff, Sr. Nay - Roger L. Crosen. Request for a Supplemental Appropriation in the Amount of 55,000 for the Gypsy Moth Program - Approved Request for a supplemental appropriation in the amount of $55,000 for the Gypsy Moth Program. This amount was omitted from the newspaper ad. 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 Winchester- Frederick County Econ Develo ment Commission for a General Fund Appropriation in the Amount of , - Approved Request from the Winchester- Frederick County Economic Development Commission for a general fund appropriation in the amount of $9,400. 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 Children's Home Society of Virginia for a General Fund Appropriation in the Amount of 50 - Approved Request from the Children's Home Society of Virginia for a general fund appropriaton in the amount of $500. The Committee recommends approval of $100. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. r�1_0 Request from the Northern Virginia Health Systems Agency, Inc. for a General Fund Appropriation in the Amount of 2,330 - Approved Request from the Northern Virginia Health Systems Agency, Inc. for a general fund appropriation in the amount of $2,330. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H.I Rinker and passed unanimously, the above was approved. Upon motion made by L. A. Putnam, seconded by Dudley H. Rinker and passed unanimously, to appropriate the donation of $1,500 to the Shenandoah Independent Living Center for FY 88 -89.1I Request from the Fremont Street Nursery for a General Fund Appropriation in the Amount of ,235 - Approved Request from the Fremont Street Nursery for a general fund appropriation in the amount of $3,235. The Committee recommends) approval. Upon motion made by Robert M. Rhodes, seconded by L. A. Putnam and passed unanimously, the above was approved. st from the Middletown Rescue Appropriation in the Amount o ad for a General Request from the Middletown Rescue Squad for a general fund) appropriation in the amount of $32,700. The Committee recom- mends that the County Administrator address the options regard- ing Fire and Rescue Services and present a report to the Fire and Rescue Committee. This was sent to the Fire and Rescue Committee. Request from Parks and Recreation for a General Fund Appropriation in t e Amount of $94,113 - Approved in Part Request from Parks and Recreation for a general fund appro- priation in the amount of $94,113. The Committee recommends denial. The Board concurred on the idea of soccer fields but felt that it could be done for less than $50,000. Parks and Recreation is to come back before the Board with the exact figures. st from the Wayside Theatre for a General Fund priation in the Amount of 1,500 - Denied a1 L Request from the Wayside Theatre for a general fund appro- priation in the amount of $1,500. The Committee recommends denial. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. For Information Only: 1. Attached is a financial report from the Roundhill Fire Company. 2. Additional requests made at the public hearing on March 23, 1988 with no action taken at that time. Parks and Recreation Dump Truck $25,000 Soccer Fields 50,000 Independent Living 8 Currently, $500 is included in the proposed budget. TOTAL $83,000 3. Additional requests made and approved at the public hearing on March 23, 1988. Chamber of Commerce Donation, FY 88 -89 $ 3,000 Data Processing Equipment, FY 88 -89 88,000 Data Processing Equipment, FY 87 -88 15,000 TOTAL $106,000 4. Attached is a copy of our agreement with the City of Winchester for funding of the Handley Library. 5. The estimated fund balance at June 30, 1989 was $4,106,879 in the budget advertisement. If all of the requested FY 88 -89 additional appropriations are approved it will decrease our estimated fund balance by $352,273 leaving a balance of $3,754,606. TAXATION ON MEALS - COUNTY BUSINESSES - DISCUSSED Mr. Stiles stated that figures had been provided by the Commissioner of the Revenue concerning taxation on meals and his estimation of what this dollar figure would be. He further stated that the Board would need to make a decision on this as to whether it would be 2% or 4% and if this is to be on the ballot in November. TRANSFER REQUEST FROM INSPECTIONS DEPARTMENT FOR COMPUTER FURNITURE Upon motion made by L. A. Putnam, seconded by Charles W. Orndoff, Sr. and passed unanimously, the transfer of $4,000 fro line item 3401 - 7005 -00 to line item 3401 - 7002 -00 for the pur- chase of computer furniture was approved. 1988 -1989 COUNTY BUDGET - APPROVED Mr. Stiles asked if anyone present would care to appear before the Board with reference to this year's budget. There was no public input. Mr. Rhodes inquired about correspondence received from Dr. Walker, Superintendent of Schools, with reference to an earlier question from the Board of Supervisors on the increase in enroll ment and the effect this would have on the School Board's budget if in fact the increase was not the 450 pupils as predicted. Mr. Stiles stated that Dr. Walker had replied but he did not feel the Board's question had been answered. Mr. Riley read the following resolution with reference to this year's budget: WHEREAS, a notice of public hearing and budget synopsis has been published and a public hearing held on March 23, 1988, in accordance with Title 15.1, Chapter 4, Section 15.1 -162, of the Code of Virginia, 1950, as amended, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Frederick, Virginia, that the budget for the 1988 -1989 fiscal year as advertised in the Winchester Evening Star on March 16, 1988, as amended be hereby approved in the amount of $59,004,223.00 and that appropriations in the amount of $59,004,223.00 be hereby authorized for the 1988 -1989 fiscal year and, BE IT FURTHER RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, does herein adopt the tax rate for the 1988 assessment year at a rate of 55¢ to be applied to real estate, the rate of $4.25 to be applied to personal property, the rate of $4.00 to be applied to merchants capital, and the rate of $4.25 to be applied to machinery and tools and, BE IT FURTHER RESOLVED, that appropriations are hereby authorized for the central stores fund, special welfare fund, health insurance fund and unemployment compensation fund equal to the total cash balance on hand at July 1, 1988, plus the total amount of receipts for the fiscal year 1988 -1989. Upon motion made by L. A. Putnam, seconded by Dudley H. Rinker and passed unanimously, the above resolution was approved. Mr. Stiles thanked all staff members for their efforts in preparing this budget as many hours had gone into it. 1988 JOB SERVICE PLAN OF SERVICE OF THE VIRGINIA EMPLOYMENT COMMISSION - APPROVED Mrs. Ann Locke, staff member, Virginia Employment Commis- lion, appeared before the Board to explain the Job Service Plan for this year and in doing so stated there were few changes from last year's Plan. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the 1988 Job Service Plan of Services of the Virginia Employment Commission was approved as presented. SENATE JOINT RESOLUTION NUMBER 25 - NO ACTION TAKEN It was the consensus of the Board that no action be taken on this resolution. REQUEST FROM THE COUNTY ELECTORAL BOARD TO MOVE THE KERNSTOWN PRECINCT POLLING PLACE Mr. Riley noted that the Electoral Board had been notified that the Stonebrook Swim & Racquet Club will no longer be available for the Kernstown Precinct Polling Place. The possibility of this being moved to the Division of Motor Vehicles' (DMV) office in Kernstown is being looked into, however, final approval has to come from the State DMV office. PROPOSAL FROM SHAWNEELAND SANITARY DISTRICT FOR USERS FEE Mr. Stiles referred this matter to Mr. Ambrogi, Commonwealth's Attorney, for his review and recommendation. RESOLUTION RATIFYING AWARD OF $3,115,000 SCHOOL BONDS - APPROVED Mr. Riley presented the following resolution: WHEREAS, by resolution adopted on March 9, 1988, the Board of Supervisors of Frederick County, Virginia (the County), provided for the issuance of $3,115,000 School Bonds, Series of 1988A (the Bonds); WHEREAS, such resolution authorized the County Administrator to award the Bonds to the Virginia Public School Authority (the Authority) at such interest rate or rates as would produce a differential in each year of not more than one -tenth of one percent (1/10 of 1 %) over the annual rate to be 51 paid by the Authority on the bonds it will sell to provide fund to purchase the County's Bonds, provided that the true interest cost to the County should not exceed 9% per year; and WHEREAS, on March 23, 1988, the County Administrator, on behalf of the County, awarded the Bonds, bearing interest at the annual rate of 6.95$, to the Authority; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA, that the action of the County Administrator on March 23, 1988, awarding the Bonds to the Authority, is hereby ratified, approved and confirmed, and that the Bonds shall bear interest at the annual rate of 6.95 %. The undersigned Clerk of the Board of Supervisors of Frederick County, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a regular meeting of the Board of Supervisors held the 13th day o April, 1988, and of the whole thereof so far as applicable to the matters referred to in such extract. WITNESS my signature and the seal of the Board of Supervisors of Frederick County, Virginia, this 13th day of April, 1988. /s/ John R. Riley, Jr. Clerk, Board of Supervisors of Frederick County, Virginia PUBLIC HEARING AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 9, FINANCE AND TAXATION, TO ADD ARTICLE XVI SUPPLEMENTAL 6)C o.� Mr. Riley presented the following ordinance amendment: 17 -1 IN GENERAL Pursuant to Title 58.1, Section 3292 of the Code of Virginia, as amended, all new buildings sub- stantially completed or fit for use and occupan- cy prior to November 1 of the year of completion shall be assessed when so completed or fit for usi and occupancy, and the Commissioner of the Revenue of the County of Frederick shall enter in the books the fair market value of such building. 17 -2 PARTIAL ASSESSMENT No partial assessment as provided herein shall become effective until information as to the date and amount of such assessment is recorded in the office of the official authorized to collect taxes on real property and made available for public inspection. 17 -3 COMPUTING TAX The total tax on any such new building for that year shall be the sum of (1) the tax upon the assessment of the completed building, com- puted according to the ratio which the portion of the year such building is substantially com- pleted or fit for use and occupancy bears to the entire year, and (2) the tax upon the assessment of such new building as it existed on January 1 of that assessment year, computed according to the ratio which the portion of the year such building was not substantially complete or fit for use and occupancy bears to the entire r 015 year. 17 -4 EXTENSION OF TIME FOR PAYING ASSESSMENT With respect to any assessment made under this section after September 1 of any year, the penalty for nonpayment by December 5 shall be extended to February 5 of the succeeding year. 17 -5 BUILDINGS, ETC. WHEN DAMAGED OR DESTROYED - VALUE TO BE REDUCED Pursuant to Section 58.1 -3293 of the Code of Virginia, 1950, as amended, when from natural decay or other causes any previously assessed building and enclosure as aforesaid, is either wholly destroyed or reduced in value below $100, the Commissioner of the Revenue shall deduct from the charge against the owner the value at which such building and enclosure may have been assessed; and if the value of the building has been impaired by violence to the extent of $100 or more, the Commissioner shall assess the building in its present condition and reduce the charge for same to amount so assessed. Upon motion made by L. A. Putnam, seconded by Roger L. Crosen and passed unanimously, the above ordinance amendment was approved. PLANNING COMMISSION BUSINESS PUBLIC HEARING CONDITIONAL USE PERMIT 0007 -88 OF RONALD E. GORDON - GAINESBORO MAGISTERIAL DISTRICT - APPROVED Mr. Watkins, Planning and Development Director, presented this conditional use permit request and stated that the Planning Commission recommended approval with conditions. Mr. Crosen addressed the deed restrictions on lots 12 and 14 and the fact that there are no restrictions on lots 16 through 23. Mr. Gordon appeared before the Board on behalf of his request. Mr. Putnam asked where the citizens live whose name appeared on the petition. Mr. Gordon replied all but one live on Hudson Avenue. Mr. Steve Butler, Attorney representing Mr. and Mrs. Barnett, appeared before the Board and stated that they own lots 9 and 11 and they felt deed restrictions apply to all 22 lots and further that commercial traffic should not be allowed on this street. X16 Mr. Stiles stated that he would suggest that this street done as a rural addition and if there is no room for expansion that it be taken in as it is. Mr. Crosen stated that he felt it is always difficult when you mix commercial and residential but this is the only way to the property in question on Hudson Avenue. Upon motion made by Roger L. Crosen, seconded by L. A. Putnam and passed unanimously, conditional use permit number 007 -88 of Ronald E. Gordon, Route 5, Box 843, Winchester, Virginia, for general automotive and equipment repair to be located at the West end of Hudson Avenue, off Route 789, in Albin was approved with conditions as stated by the Planning Commission and the addition of number 5, which is that no permanently disabled vehicle is to be stored on this property, was approved. This property is identified as Parcel 130 on Tax Map 42 in the Gainesboro Magisterial District. REZONING #001 -88 OF ADD PARTNERSHIP - ICT - TABLED Rezoning request number 001 -88 of ADD Partnership was tabled. REZONING REQUEST #004 -88 OF ROBERT AND KITTY HOCKMAN - BACK CREEK AND SHAWNEE MAGISTERIAL DISTRICTS - TABLED Rezoning request number 004 -88 of Robert and Kitty Hockman was tabled. REZONING REQUEST #005 -88 OF THOMAS C. GLASS - SHAWNEE MAGISTERIAL DISTRICT - TABLED Rezoning request number 005 -88 of Thomas C. Glass was tabled. REZONING REQUEST #006 -88 OF KIMERLY G. HENRY - SHAWNEE MAGISTERIAL DISTRICT - TABLED Rezoning request number 006 -88 of Kimerly G. Henry was tabled. REZONING REQUEST #007 -88 OF STEPHEN P. WILLIAMS - BACK CREEK MAGISTERIAL DISTRICT - TABLED Rezoning request number 007 -88 of Stephen P. Williams was tabled. ORDINANCE AMENDMENTS AN ORDINANCE TO AMEND THE FREDERICK CO UNTY CODE, CHAPTER 517 LOT SIZE OF 15,000 SQUARE FEET AND NO OPEN SPACE REQUIRED - APPROVED Upon motion made by L. A. Putnam, seconded by Dudley H. Rinker and passed unanimously, the following Ordinance amendment was approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, ARTICLE V, RESIDENTIAL PERFORMANCE DISTRICT, TO ADD A NEW SINGLE FAMILY HOUSING TYPE WITH A MINIMUM LOT SIZE OF 15,000 SQUARE FEET AND NO OPEN SPACE REQUIRED TO READ AS FOLLOWS: 5-4 OPEN SPACE REQUIREMENTS 5 -4 -1 The following open space and recreation requirements shall be met by uses in this district. 5 -4 -2 A minimum percentage of the gross area of any proposed development shall be designated as common open space. This open space shall be for purposes of environmental protection and for the common use of residents of the development. Developments which contain any of the following housing types shall provide open space as specified below: Minimum Required Minimum Required Open Space Allowed Open Space with Bonus Factors Developments containing only single - family detached rural traditional or single family family detached traditional housing. 0% -- Developments containing only single- family detached urban housing. 15 % 0% Developments containing only single - family detached cluster or a mixture of single - family detached cluster and urban traditional housing. 25% 15% All other developments. 30% 20% 5 -6 DIMENSIONAL REQUIREMENTS 5 -6 -1 The following dimensional requirements shall be met by uses in this district. The Administrator shall make the final determination as to the classifica- tion of housing types. 5 -6 -1.1 Unless otherwise specified, all housing types shall be served by public sewer and water. 5 -6 -2 SF DETACHED - RURAL TRADITIONAL - Single family residence on an individual lot with private yards on all four sides, without public sewer and water. 5 -6 -2.1 Minimum Lot Size - 100,000 sq. ft. 5 -6 -2.2 Minimum Yards: 5 -6 -2.2.1 Setback from road right -of -way - 60' 5 -6 -2.2.2 Side - 15' 518 5 -6 -2.2.3 Rear - 50' without public sewer and water 5 -6 -2.3 Minimum lot width to maximum depth ratio - 1 to 3 5 -6 -2.4 Minimum Off - Street Parking - 2 spaces /unit 5 -6 -2.5 Maximum Building Height - Principle 35 Accessory 20' 5 -6 -3 SF DETACHED TRADITIONAL - Large lot single family residence with private yards on all four sides without required common open space. 5 -6 -3.1 Minimum Lot Area - 15,000 square feet 5 -6 -3.2 Minimum Yards: 5 -6 -3.2.1 Setback from road right -of -way - 35' 5 -6 -3.2.2 Side 10' 5 -6 -3.2.3 Rear 25' 5 -6 -3.3 Minimum Lot Width at Setback - 80' 5 -6 -3.4 Minimum Off - Street Parking - 2 Spaces /Unit 5 -6 -3.5 Maximum Building Height - Principle 35'; Accessory 20' 5 -6 -4 SF DETACHED - URBAN - Single family residence on an individual lot with private yards on all four sides. 5 -6 -4.1 Minimum Lot Area - 12,000 square feet AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, ARTICLE V, RESIDENTIAL PERFORMANCE DISTRICT, SECTION 5-9-3 PHASING, TO ALLOW THE REQUIREMENT OF STREET ENTRANCES IN INITIAL PHASES - APPROVED Upon motion made by L. A. Putnam, seconded by Dudley H. Rinker and passed unanimously, the following Ordinance amendment was approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, ARTICLE V, RESIDENTIAL PERFORMANCE DISTRICT, SECTION 5 -9 -3 PHASING, TO ALLOW THE REQUIREMENT OF STREET ENTRANCES IN INITIAL PHASES TO READ AS FOLLOWS: 5 -9 -3 PHASING 5 -9 -3.5 In order to provide sufficient, safe access, the Planning Commission and the Board of Supervisors may require that the phases be arranged so that essential street entrances to the development are provided in the initial phases of the develop- ment. OTHER PLANNING ITEMS SUBDIVISION REQUEST - CADWALLADER SUBDIVISION - APPROVED Mr. Watkins presented this request and stated that the Planning Commission recommended approval. Upon motion made by Roger L. Crosen, seconded by Dudley H. Rinker and passed unanimously, the subdivision request, Cadwallader Subdivision, was approved. ACCEPTANCE OF THWAITE AVENUE, ALBIN ACRES, SECTION 2 - GAINESBORO MAGISTERIAL DISTRICT - APPROVED Upon motion made by Roger L. Crosen, seconded by Dudley H. Rinker and passed unanimously, the following resolution was approved. BE IT RESOLVED, that the Virginia Department of Highways and Transportation is hereby requested to add the following roads to the Secondary System of Frederick County pursuant to Section 33.1 -229 of the Code of Virginia, 1950, as amended. Thwaite Avenue, Albin Acres, Section II; 900 feet from Route 679 to the dead end, as described in Deed Book 474, Page 482, dated May 23, 1977. 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. 1988 -1989 CAPITAL IMPROVEMENTS PLAN FOR FREDERICK COUNTY Mr. Watkins presented this plan. Following discussion, it was the consensus of the Board that anything listed below number 10 would be highly unlikely as far as any action or for it to be considered in the near future. COMMITTEE REPORTS TRANSPORTATION COMMITTEE REPORT Mr. Watkins presented the following report: The Frederick County Transportation Committee met Monday, April 4, 1988 and discussed the following items: 1. Highway Safety Funding grants available from DMV for both small and large projects involving highway safety. 2. Primary Road Improvement Plan recommendations. 3. Planning actions necessary for implementation of the County Transportation Plan for Eastern Frederick County. Committee R ecommendations 1. Directed the staff to work with the Sheriff's Office, Rescue Squads and others to prepare the necessary Highway Safety Grant Applications for submission to DMV. These preliminary applications are due April 15, 1988. 520 2. Requested that the County proceed as quickly as poss- ible in hiring a consulting firm to prepare an Eastern Frederi County Transportation Plan. The Transportation Committee will meet on May 2, 1988 to continue discussions and planning on transportation needs to help with our future consultant efforts. Upon motion made by L. A. Putnam, seconded by Roger L. Crosen and passed unanimously, the above was approved. PUBLIC WORKS COMMITTEE REPORT Mr. Charles W. Orndoff, Sr., Chairman of the Public Works Committe, presented the following report: The Public Works Committee met on Tuesday, April 5, 1988, at 7:30 A.M. Present were Board members Charles W. Orndoff, Sr and L. A. Putnam; Committee member Col. (Ret.) W. Wayne Miller; County Administrator John R. Riley, Jr.; Assistant County Admin strator Stephen F. Owen; Director of Code Enforcement Kenneth L Coffelt; and staff member Douglas A. Kiracofe. Committee membe Keith A. Tubandt was absent. The following items were dis- cussed: Items Requiring Action Fire Prevention Code - Approved Kenny Coffelt and Doug Kiracofe briefed the Committee on how they propose to enforce the new Statewide Fire Prevention Code. The Committee recommended that the Board schedule a public hearing on an ordinance which would allow the County to enforce the Code on commercial and industrial buildings upon receipt of a written complaint. Since the meeting, Mr. Coffelt) has met with the State Fire Marshall, who strongly recommended the attached ordinance which would also allow the County to a) enforce the Code when an unsafe condition is generally known about or discovered in a commercial or industrial building and to b) routinely inspect schools, licensed day care facilities, and jails. Also, attached is the Code itself and a report pre- pared by Mr. Kiracofe on enforcement of same. Upon motion made by Charles W. Orndoff, Sr., seconded by L. A. Putnam and passed unanimously, the above was approved. Courthouse Lawn Streetlamps - Approved The Committee recommends approval of $4,894 from contin- gency for two streetlamps for the Courthouse Lawn as requested by the Downtown Development Board. Upon motion made by Charles W. Orndoff, Sr., seconded by L. A. Putnam and passed unanimously, the above was approved. Items Not Requiring Action Project Updates Project updates were provided for the following projects: Abandoned Vehicle Program, Landfill tractor- scraper bids, kennel project, Courthouse lawn sodding, Old Courthouse air condition- ing, and new compactor site progress. Landfill Monthly Tonnage Report See Attachment 3. Mr. Stiles asked what the date was for the completion of the dog kennel. Mr. Owen replied the end of June or middle of July. PARKS AND RECREATION COMMISSI REPORT Mr. Dudley Rinker, Board Liaison on the Parks and Recreation Commission, presented the following report and stated that it was for information only: The Parks and Recreation Commission met on March 15, 1988. Members present were: Robert Roper, Carmen Rio, Donald Wilson, Courtland Smith, Dudley Rinker, Thomas Grove, Carole Ambrogi. Absent: Patricia Perry. The following action was taken on agenda items: Annual Department Flyer It was the consensus of the Commission to give approval to the Department to put together an Annual Department Flyer in conjunction with the Monthly Calendar of Events. Little League Fencing It was the consensus of the Commission to grant permission to the National Little League to set up, take down, and maintain a temporary home run fence during scheduled games at Sherando Park. Dump Truck Purchase �2 Commission recommended the Board of Supervisors approve purchase of a new dump truck during FY 1987- 1988 and consider an appropriation of $25,000 in the FY 1988- 1989 budget for the purchase of an additional dump truck. 1988 -89 Work Program Commission approved the Work Program as submitted. Request for Use of Concession Stand, Xi Chi Beta Sigma Phi Commission denied the Sorority's request to waive conces- sion stand fee during their softball tournament and asked the Director to reply to the Sorority reconfirming the Department's established policy on waiving of fees. BOARD RETIRED INTO EXE CUTIVE SESSION Upon motion made by L. A. Putnam, seconded by Dudley H. Rinker and passed unanimously, the Board retired into Executive Session in accordance with Virginia Code, 1950, as amended, Section 2.1 -344, Subsection A (1) and (6) to discuss personnel matters and acquisition of property. BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by Dudley H. Rinker, seconded by L. A. Putnam and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Dudley H. Rinker, seconded by L. A. Putnam and passed unanimously, the Board reconvened into Regula Session. EVALUATION OF STEPHEN F. OWEN, ASSISTANT COUNTY ADMINISTRATOR - APPROVED Upon motion made by L. A. Putnam, seconded by Roger L. Crosen and passed unanimously, the evaluation of Assistant County Administrator, Stephen F. Owen, was approved as present- ed. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. 523 Cler Board of Supervisors