HomeMy WebLinkAboutMay 25, 1988 Regular Meeting548
A Regular Meeting of the Frederick County Board of Super-
visors was held on May 25, 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 and asked that
everyone observe a moment of silence in absence of a Minister.
ADOPTION OF AGENDA
Mr. Riley stated that he had a resolution dealing with the
Regional Jail for the Board's review and approval and that Dr.
Malcolm Tenney, Acting Director of the Fred -Wine Health Depart-
ment, would like to address the Board. Mr. Riley stated that he
had a memo with reference to student trips for the Board's re-
view.
Upon motion made by L. A. Putnam, seconded by Dudley H.
Rinker and passed unanimously, the Agenda was adopted as amend-
ed.
APPROVAL AND PRESENTATION OF CERTIFICATES
Certificates of Appreciation were presented to the
following:
Louise Brim
Zenith Sirbaugh
Mary Jane Light
Henry Shiley
Walt Cunningham
Thomas B. Throckmorton
Ann C. Reely
A. Frank Moore
CERTIFICATE OF APPRECIATION AND RESOLUTION HONORING
THOMAS B. THROCKMORTON - APPROVED
The following resolution and a certificate of appreciation
was approved for Thomas B. Throckmorton:
WHEREAS, Thomas B. Throckmorton was appointed to the
Frederick County Board of Supervisors on October 10, 1984 to
fill the unexpired term of David L. Smith for the Shawnee Magis
terial District; and
WHEREAS, Thomas B. Throckmorton served the citizens of
Shawnee Magisterial District and Frederick County with distinc-
tion until his resignation on January 6, 1988;
049
WHEREAS, the growth pressures in Shawnee Magisterial
District during Mr. Throckmorton's tenure on the Board of
Supervisors presented many challenges to which he always
responded to fairly, carefully and thoughtfully;
NOW, THEREFORE, BE IT RESOLVED, that the Frederick
County Board of Supervisors, on behalf of the citizens of
Frederick County, does hereby extend its gratitude and
appreciation to Thomas B. Throckmorton for his outstanding
service to the County.
BE IT FURTHER RESOLVED, that
presented to Mr. Throckmorton and
book of the Board of Supervisor's
Passed this 25th day of May,
/s/ Kenneth Y. Stiles
Kenneth Y. Stiles, Chairman
this Resolution be
a copy spread upon the minute
meeting of this date.
1988.
/s/ Roger L. Crosen
Roger L. Crosen
/s/ Robert M. Rhodes
Robert M. Rhodes, Vice - Chairman
/s/ Dudley H. Rinker
Dudley H. Rinker
ATTEST:
/s/ John R. Riley, Jr.__
John R. Riley, Jr., Clerk
Board of Supervisors
/s/ L. A. Putnam
L. A. Putnam
/s/ Charles W. Orndoff, Sr.
Charles W. Orndoff, Sr.
Mr. Throckmorton was not present to accept his resolution
and certificate.
SCHOOL BOARD APPOINTMENTS SCHEDULED FOR PUBLIC HEARING
Mr. Rhodes and Mr. Orndoff stated that if anyone was inter-
ested in the School Board appointment from their district to
please contact them prior to the public hearing scheduled for
the June 8 Board meeting.
FRANCIS L. JEFFRIES REAPPOINTED TO THE LORD FAIRFAX
COMMUNITY COLLEGE BOARD
Upon motion made by L. A. Putnam, seconded by Roger L.
Crosen and passed unanimously, Francis L. Jeffries was reappoint-
ed to the Lord Fairfax Community College Board, said term to
commence July 1, 1988 and expire June 30, 1992.
APPOINTMENT TO SOCIAL SERVICES BOARD TO BE ACTED ON AT
NEXT BOARD MEETING
APPOINTMENT TO LORD FAIRFAX EMERGENCY MEDICAL SERVICES
COUNCIL TO BE ACTED ON AT NEXT BOARD MEETING
DR. MALCOLM TENNEY, ACTING DIRECTOR, FRED -WINC HEALTH
DEPARTMENT, ADDRESSED THE BOARD
Dr. Tenney appeared before the Board and introduced Mrs.
Gloria Collins, Nurse with the Health Department.
550
Mrs. Collins reported to the Board the duties of a public
health nurse and reported on the various activities of the loc
health nurse as they relate to the citizens of Frederick County
Mr. Stiles asked Dr. Tenney to update the Board on the
status of septic permits in the County.
Dr. Tenney replied that a committee had been formed to
discuss and make recommendations concerning this.
Mr. Stiles stated that since the Board last discussed this
matter with Dr. Tenney that things had gotten worse instead of
better and this concerned him. He further stated that lots tha
had been approved originally by the Health Department are now
being turned down by the Health Department and this concerned
him.
Dr. Tenney stated that he could not approve a lot if he
felt it would not work properly with a septic system. He told
the Board that he would look further into this matter and get
back to the Board.
CONDEMNATION OF ROUTE 635
Mr. Riley reported that this had been resolved by all
parties and Board action was not necessary.
VPSA BOND RESOLUTION - APPROVED
Upon motion made by L. A. Putnam, seconded by Dudley H.
Rinker and passed unanimously, the following resolution was
approved:
WHEREAS, the Board of Supervisors (the Board) of
Frederick County, Virginia (the County), adopted a resolution
(the Prior Resolution) on March 9, 1988, providing for the
issuance and sale of $3,115,000 school bonds (the Bonds) of the
County to the Virginia Public School Authority; and
WHEREAS, it has become apparent that it would be
desirable to amend the Prior Resolution to clarify provisions
related to the interest payment date on the Bonds;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREDERICK
COUNTY, VIRGINIA:
1. The third sentence of Section 3 of the Prior Resoluti
is hereby amended to read as follows:
Each bond shall bear interest at such rate or rates as will
produce a differential in each year of not more than 1/10 of 1%
over the annual rate to be paid by the Authority on the bonds
which it will sell to provide the necessary funds to purchase
the County's bonds as shall be determined at the time of sale,
payable semiannually on June 15 and December 15, beginning
December 15, 1988 (a) from its date, if it is authenticated
prior to December 15, 1988, or (b) otherwise from the June 15 of
5 5 ".%
December 15 that is, or immediately precedes, the date on which
it is authenticated (unless payment of interest thereon is in
default, in which case such bond shall bear interest from the
date to which interest has been paid).
2. Except as amended hereby, the Prior Resolution is here
by ratified and confirmed.
3. This resolution shall take effect immediately.
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 25th day of
May, 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 Super
visors of Frederick County, Virginia, this 25th day of May,
1988.
/s/ John R. Riley, Jr.
Clerk, Board of Supervisors of
Frederick County, Virginia
ROAD NAMING COMMITTEE RECOMMENDATIONS - APPROVED AS
AMENDED AND SCHEDULED FOR PUBLIC HEARING
Mr. Gyurisin presented this Committee report and stated
that the Committee had worked on this project for two years.
Mr. Rinker asked if any streets or roads in Stephens City
or Middletown were included in these recommendations.
Mr. Gyurisin replied no.
Board members requested changes on some of the names, which
will be noted, and it was the consensus of the Board that a
public hearing be held on this for the first Board meeting in
July.
Mr. Crosen asked about the possibilities of a consultant
being hired to do the house numbering for the County.
The staff will report back on the possibilities, as well as
cost, of having this done.
PUBLIC HEARING
ADOPTION OF THE SECONDARY ROAD PLAN PRIORITIES FOR
FREDERICK COUNTY FOR 1988-1989 - APPROVED
Mr. William Bushman, Resident Engineer, Virginia Department
of Highways and Transportation, appeared before the Board to
answer any questions they might have.
Mr. Gyurisin stated that this had gone to the Planning
Commission as well as the Transportation Committee and they
recommended approval.
Mr. Rinker asked about the percentage of numbers 12 and 13.
55:� ,
Mr. Bushman replied Route number 627 in Middletown and
Route number, 1003 Germain Street, in Stephens City with curb
and guttering.
Upon motion made by Dudley H. Rinker, seconded by Roger L.
Crosen and passed unanimously, the following secondary road pla
priorities for Frederick County for 1988 -1989 were approved:
MAJOR PROJECTS
Major projects are projects where reconstruction of hard
surfaced (paved) roads is needed for safety reasons. Road
width, alignment, strength and gradient improvements are
considered for major projects.
RECOMMENDED SIX -YEAR MAJOR PROJECT ROAD IMPROVEMENT PLAN
Current
Rank Notes
Route
From
To
ADT
District
under
construction
672
749
667
1339
Stonewall
under
construction
628
622
638
999
Back Creek
under
construction
628
638
631
1211
Back Creek
1.
3.*
672
661 I -81
648
Stonewall
2.
new
project
645
Access im-
1054
Shawnee
proved btwn
Rt. 522 &
Airport
3.
new
project
600
Widen & im-
516
Gainesboro
prove btwn
Rt. 679 & 1
mi. North
4.
5.*
661
672 663
808
Stonewall
5.
6.*
628
631 732
1545
Back Creek
6.
7.*
656 **
657 659
1042
Shawnee
(Incl.
inter-
sect.)
7.
8.*
621 * **
622 Approx.
1122
Back Creek
.6 mi.
S 622
incl.
"S" turn
8.
new
project
647
Widen & im-
2939+
Opequon
improve btwn
Rt. 277 & 642
9.
9.*
608
50 Approx.
1122
Back Creek
3 mi. S.
10.
new
project
659
Widen & im-
193
Shawnee
prove btwn
bridge & Rt. 7
11.
new
project
656
Widen & im-
1300
Shawnee
prove btwn
Rt. 655 & 657
55
J
12. new projects towns curb & gutter
improvements City
13. new projects towns curb & gutter Middletown
improvements
14. new project 642 Lake- 522 S. 1028+ Shawnee
side Dr.
15. new project 664
761 660 1000
Stonewall
16. new project 660
664 7 1133
Stonewall
17. * * * **
2.
7.*
new project 622
WCL 37 6620
Back Creek
*Prior Year Rank.
Stonewall
3.
* *Route 656, Greenwood
Road, is to include the
intersection
of Route 656 and Route
659 Valley Mill Road
(including "S"
curve leg of 659 from
656).
** *Route 621 is to include
drainage improvements
South of
Route 622 and realignment
of "S" turn.
* ** *ADT - Average Daily
Traffic 1985.
Creek
* * ** *Coordinate with City
of Winchester Transportation
Plans.
RECOMMEND SIX YEAR NEW HARDSURFACE ROAD IMPROVEMENT PLAN
New hardsurface projects
are road projects where
reconstruction
of non - hardsurface roads
is considered primarily
with relation
to the amount of traffic
served.
660
Current
103
Stonewall
Rank Notes Route
From To ADT
District
634
637
79
under construction 671
740 681 139
Gainesboro
under construction 619
622 608 224
Back Creek
under construction 654
.5 mi. 1.5 mi. 142
Back Creek
11.*
5803 5803
664
under construction 820
659 end 133
Shawnee
1.
6.*
676
671
677
124
Gainesboro
2.
7.*
668
11
671
103
Stonewall
3.
new project
681
end
.2 mi.
85
Gainesboro
of H.
W. Bk.
S.
Creek
4.
new project
673
739
663
76
Stonewall
5.
8*
661
660
659
103
Stonewall
6.
9.*
635
634
637
79
Opequon
7.
10.*
809
817
end
273
Back Creek
8.
11.*
666
664
761
42
Stonewall
9.
12.*
695
522N
1 mi.
54
Gainesboro
N522
10.
13.*
734
522N
1 mi.
74
Gainesboro
5522
554
11. 14.*
12. 15.*
13. 16.*
14. new project
15. new project
16. new project
17. new project
18. new project
New Current
Rank Rank
649
648
625
64
Back Creek
636
640
641
32
Opequon
636
641
641N
18
Opequon
706
11
end
144
Back Creek
702
703
W.
VA.
99
Gainesboro
701
703
W.
VA.
82
Gainesboro
695
522
W.
VA.
65
Gainesboro
692
600
W.
VA.
105
Gainesboro
Route From To ADT District
19. new project 625 624 635 155 Opequon
20. new project 699 5694 .5 mi. 105 Gainesboro
S .
21. new project 633 11 625 101 Opequon
22. ** 5.* 696 522 694 72 Gainesboro
23. ** 17.* 638 759 625 66 Opequon
24. ** 18.* 629 622 608 96 Back Creek
*Prior Rear Rank.
* *Right -of -Way Not Available.
** *ADT - 1985 Average Daily Traffic County.
BRIDGE AND OTHER SECONDARY ROAD PROJECT RECOMMENDATIONS
Bridges
1. Routes 622 and 620 - widen bridge (at Opequon); ADT -845
(Back Creek).
2. Route 659 - widen bridge (near Route 7), see major project
#5; ADT -193 (Shawnee).
Other
3. Routes 608 and 681, unpaved sections, need special attentio
for maintenance, spot widened, and tree removal for improve
site distance (Gainesboro).
4. Route 627, West of Middletown, requires special attention
for maintenance to improve site distances at curves
( Opequon).
5. Route 644 - provide improved maintenance and improve ford
signage (Shawnee).
6. Route 522 North - improve intersection at Route 693
(Gainesboro).
7. Baker Lane - improve road alignments.
8. Sign improvement on Route 620 and 621.
OUTDOOR FESTIVAL PERMIT - GREGORY CROUSE
555
Mr. Riley presented this request and following some discus-
sion, the question was asked if a permit was needed for this
activity as it was a private party for graduation.
It was the consensus of the Board that a permit was not
needed for this activity.
FACILITIES PLANNING AGREEMENT - SANITATION AUTHORITY -
APPROVED
Mr. Riley presented this Agreement and stated that he felt
it was needed for some time and was welcomed by all parties in-
volved.
Upon motion made by L. A. Putnam, seconded by Dudley H.
Rinker and passed unanimously, the Facilities Planning Agreement
was approved.
A copy of this Agreement is on file in the Office of the
County Administrator and the Office of the Sanitation Authority.
LITTER CONTROL GRANT RESOLUTION - APPROVED
Upon motion made by Robert M. Rhodes, seconded by Roger L.
Crosen and passed unanimously, the following Resolution was
approved:
WHEREAS, the Frederick County Board of Supervisors
recognizes the existence of a litter problem within the bound-
aries of Frederick County, and
WHEREAS, the Virginia Litter Control Act of 1976
provides, through the Department of Conservation and Economic
Development, Division of Litter Control, for the allocation of
public funds in the form of Grants for the purpose of enhancing
local litter control programs, and
WHEREAS, having reviewed and considered the Regulations
and the Application covering administration and use of said
funds:
BE IT RESOLVED, that the Frederick County Board of
Supervisors:
HEREBY endorses and supports such a program for
Frederick County, and
HEREBY expresses the intent to combine with the Town of
Middletown in a mutually agreed upon and Cooperative Program,
contingent on approval of the Application by the Department of
Conservation and Historic Resources, Division of Litter Control,
and contingent on receipt of funds, and
HEREBY authorizes Frederick County to apply on behalf
of the County and the Town of Middletown for a Grant, and to be
responsible for the administration, implementation, and
completion of the Program as it is described in the attached
Application Form LC -G -1 and
556
FURTHER accepts responsibility jointly with Frederick
County and the town of Middletown for all phases of the Program,
and
FURTHER accepts liability for its pro -rata share of any
funds not properly used or accounted for pursuant to the
Regulations and the Application, and
THAT said funds, when received, will be transferred
immediately to the cooperating jurisdictions. All funds will be
used in the Cooperative Program to which we give our endorsement
and support.
HEREBY requests the Department of Conservation and
Economic Development, Division of Litter Control, to consider
and approve the Application and Program, said Program being in
accord with Regulations governing use and expenditure of said
funds.
PLANNING COMMISSION BUSINESS
SED PRELIMINARY MAS TER DEVELOPMENT PLAN - STAR FORT
Mr. Steve Gyurisin, Deputy Director of Planning and
Development, presented this revised preliminary master
development plan and stated that the Planning Commission
recommended approval.
Mr. Putnam addressed the area designated as flood plain
area.
Mr. Stiles stated that this was of great concern of the
Planning Commission and that this plan will not be approved
unless this concern is addressed.
Mr. Riley asked about the Federal Agency that is
responsible for looking into flood plain areas and that they
should be contacted to look at this drainage basin.
Mr. Bruce Edens, of Greenway Engineering, appeared before
the Board on behalf of this request.
Mr. Orndoff asked if the entrance would be coming from the
City.
Mr. Riley asked if the County had received any objections
from the City on this.
Mr. Gyurisin stated that he was not sure.
Mr. Riley stated that he felt it would be advisable to
this to the City of Winchester for their review and recommenda-
tion before the County did anything further.
Mr. Jerry Newlin, resident of 136 Locust Street, appeared
before the Board to oppose this request and presented a petiti
557
with one hundred fifty signatures that were also opposed to this
request.
Mr. Newlin, by way of pictures, showed Board members of
flooding that has been experienced in this area for some time.
Mrs. Doris Schulen stated that she no longer lived in the
area but did have rental property there and she was opposed to
this development.
Mr. Chris Spanos stated that he too was opposed to this
development.
Mr. Gerald Brown, area resident, appeared before the Board
and stated that he is also opposed to this request and wanted to
know the definition of a patio home.
Mr. Newlin asked how homes could be built to the rear of
his home when the run that currently goes through there is
higher than the lots are.
Mr. Stiles replied that certain requirements would have to
be met.
Mr. Dennis Hinkle, area resident, appeared before the Board
and stated that due to all the dampness that is already there,
they are always having problems with mosquitos.
Mr. Edens stated that the retention basin planned for this
area would be like the one that is in Whittier Acres.
Mr. Putnam stated that he felt the Board needed to know
that this plan, if approved, would not make the problem any
worse downstream.
Mr. Orndoff stated that he felt this should be referred to
the City of Winchester Planning Office for their review.
Upon motion made by Charles W. Orndoff, Sr., seconded by L.
A. Putnam and passed unanimously, to refer the revised
preliminary master development plan, Star Fort Estates, to the
City of Winchester Planning Office for their review.
COMMITTE REPORTS
FIRE AND RESCUE COMMITTEE REPORT
Mr. Crosen presented the following report and stated that
it was for information only and no action was necessary:
558
The Fire and Rescue Committee met on Monday, May 16, 1988,
at 7:30 P.M., at the Round Hill Volunteer Fire Company facility
All companies were represented except Gainesboro and North
Mountain. Also present were Board Member Roger Crosen;
Assistant County Administrator Stephen F. Owen' Emergency
Services Coordinator Homer Sanders and Winchester Fire and
Rescue's Communications Supervisor Larry Phillips.
The following items were discussed, however none require
Board action:
Emergency Services Coordinators Report
Homer Sanders reported that all chlorine facilities in the
County, except the Summit, have now been pre - planned. A test
conducted by Motorola on his car radio revealed surprisingly ba
reception in the Greenwood and Round Hill areas. He is working .
on procuring surplus fire and rescue equipment from Fairfax
County. The Incident Guide is almost complete.
Proi2osed Fire Code Amendment
Roger Crosen and Steve Owen suggested that the Committee
study the fire code as it pertains to hours of open burning and
possibly recommend extending those hours. The Committee voted
to table this until their next meeting so it could be discussed
by the individual companies.
CALLS System Demonstration
Steve Owen advised the Committee that a demonstration of
the Snow Hill, Maryland CALLS (E911) system has been scheduled
for May 24, 1988.
Paid Personnel Subcommittee Report
Steve Owen, Homer Sanders and Frank Weller discussed the
outcome of the first Paid Fire and Rescue Subcommittee meeting
at which the general consensus was to utilize the expertise of
Mr. Sanders, at least initially, to hire, evaluate, and
supervise the first paid personnel.
Plan Revi Discussion
Several questions were brought up relating to placement of
fire hydrants and lack of feedback from the Permit Center on
fire company plan reviews. Steve Owen stated he would put the
I--
County's Fire Code on the next Committee agenda and would take
care of the feedback problem.
Fire Prevention Code
Steve Owen advised the Committee of the Board of
Supervisor's recent action pertaining to the enforcement of the
Statewide Fire Prevention Code.
RESOLUTION ENDORSING CONTINUATION OF THE JOINT
CONFINEMENT AND CORRECTIONS OPERATIONS PROJECT -
Upon motion made by Robert M. Rhodes, seconded by Dudley H.
Rinker and passed unanimously, the following Resolution was
approved:
WHEREAS, the Joint Confinement and Corrections
Operations Project has been operational since 1977 and has
successfully met the Virginia Department of Corrections'
standards for classification and requirements for separate
housing of juveniles from adults, and males from females, and
WHEREAS, the operating cost of the Joint Confinement
and Corrections Operations Project is considerably less than
returning to separate jail operations for housing female
prisoners, and
WHEREAS, the Joint Confinement and Corrections
Operations Project has been successfull in promoting a
cooperative spirit between the Sheriff's Departments, in
providing flexibility of jail population management and in
generating community awareness and support for programs in the
local jails.
NOW THEREFORE BE IT RESOLVED, the Sheriffs of the Joint
Confinement and Corrections Operations Project all agree that
the local jails can better comply with required regulations and
standards, provide needed programs and services and adequate
inmate housing through the continuation of the Joint Confinement
and Corrections Operations Project and do hereby endorse such
continuation after the completion of the new Winchester,
Frederick and Clarke County Jail.
/s/ Dale A. Gardner
Sheriff Dale Gardner, Sr., Clarke County
/s/ Charles L. Sturdivant
Sheriff Charles Sturdivant, Frederick County
/s/ Keller C. Nichols
Sheriff Keller C. Nichols, City of Winchester
/s/ Lynn C. Armentrout
Sheriff Lynn C. Armentrout, Warren County
/s/ Marshall Robinson
Sheriff Marshall Robinson, Shenandoah County
A TRUE COPY
/s/ James H. Allamong, Jr.
James H. Allamong, Project Director
April 21, 1988
Date
560
LINE ITEM ESTABLISH TO ASSIST STUDENTS
Upon motion made by L. A. Putnam, seconded by Robert M.
Rhodes and passed unanimously, $5,000 is to be the amount set
aside in a line item to be used to assist students representing
Frederick County at State and National functions.
REVOLVI
LINE OF CREDIT FOR NORTHWESTERN
APPROVED
ITY
Upon motion made by Dudley H. Rinker, seconded by Robert MI
Rhodes and passed unanimously, the Board approved Northwestern
Community Services Board establishing a revolving line of credi
in the amount of $150,000 for the sole purpose of maintaining
cash flow in the event that the Agency does not receive its
monthly allocation of State funds on a timely basis to coincide
with payment of payroll.
BOARD RETIRED INTO EXECUTIVE 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 Legal and
Personnel matters.
BOARD WITHDREW FROM EXECUTIVE SESSION
Upon motion made by L. A. Putnam, seconded by Dudley H.
Rinker and passed unanimously, the Board withdrew from Executive
Session.
BOARD RECONVENED INTO REGULAR SESSION
Upon motion made by L. A. Putnam, seconded by Dudley H.
Rinker and passed unanimously, the Board reconvened into Regulai
Session.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY,
IT WAS;ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN.
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Boar of u ervi.sors Cle ard of S pervisors