Loading...
HomeMy WebLinkAboutJune 08, 1988 Regular Meeting561 A Regular Meeting of the Frederick County Board of Super- visors was held on June 8, 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 Paul Gunsten of the Grace Lutheran Church. ADOPTION OF AGENDA Mr. Riley stated that Mr. Manuel Sempeles and another citizen had requested to appear before the Board. Mr. Riley stated that item number 6 under "Planning Commis- sion Business" would be moved to number 1. Upon motion made by Charles W. Orndoff, Sr., seconded by Dudley H. Rinker and passed unanimously, the Agenda was adopted as amended. CERTIFICATES OF APPRECIATION Mr. Riley presented certificates of appreciation to the following: Kelly Sine, the James Wood High School Softball Team and the James Wood High School Band. WILLEY DEMBECK APPOINTED TO THE LORD FAIRFAX EMERGENCY MEDICAL SERVICES COUNCIL Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes and passed unanimously, Willey Dembeck was appointed to the Lord Fairfax Emergency Medical Services Council, said term to expire on June 30, 1991. B. RUSSELL APPOINTED TO THE SOCIAL SERVICES AM STONEWALL DISTRICT Upon motion made by Charles W. Orndoff, Sr., seconded by Robert M. Rhodes and passed unanimously, Charles B. Russell was appointed to the Social Services Board from Stonewall District, said term to commence July 1, 1988 and expire on June 30, 1992. PUBLIC HEARING W: ROBERT F. GAINES, JR. NOMINATED TO THE SCHOOL BOARD FROM BACK CREEK DISTRICT Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, Robert F. Gaines, Jr. was nominated to serve for four more years on the Frederick County School Board as the representative from Back Creek District. CHARLES HOTT NOMINATED TO SCHOOL BOARD FROM STONEWALL DISTRICT Upon motion made by Charles W. Orndoff, Sr., seconded by Dudley H. Rinker and passed unanimously, Charles Hott was nomi- nated to serve for four more years on the Frederick County School Board as the representative from Stonewall District. Mr. Stiles noted that this was a public hearing on these two appointments, however a vote could not be taken until the I next Board meeting. Mr. Gaines appeared before the Board at which time he said that he had enjoyed his four years on the School Board and that he would like to serve another four years. He stated that he felt all County citizens should feel free to contact their School Board member if and when they felt they had a concern. Mr. Hott appeared before the Board and stated that he felt that Frederick County had a very good school system and that we all needed to strive to make it even a better one. He further stated that he would very much appreciate the opportunity to serve another term. Mr. Manuel Sempeles, resident of Stonewall District, appeared before the Board and read from a prepared statement. He stated that it had been brought to the attention of some County citizens that certain members of the Board of Supervisor did not want the School Board to renew Dr. Walker's contract as Superintendent of Schools and that it was his opinion, along with other County citizens, that the Board of Supervisors shoul not be putting themselves in this position, as this was a matte that should be handled strictly by the School Board. Mr. Curtis Felty, County resident, appeared before the Board and stated that he was opposed to Dr. Walker being re- appointed as Superintendent of Schools. 563 Mr. Stiles explained to Mr. Felty that Dr. Walker's re- appointment was not the issue at this meeting, only the reappointment of Mr. Hott and Mr. Gaines, therefore Dr. Walker's reappointment could not be discussed any further at this time. Mr. Felty apologized and stated that the information he had been given was for him to attend the meeting at which time he would be allowed to express his opinion. Mr. David Newlin, resident of Stonewall District, appeared before the Board and stated that he was the parent of two sons and that he was not opposed to the reappointment of Mr. Hott or Mr. Gaines, but he was very concerned about policy and procedure as far as the School administration is concerned. He stated that he has been in attendance at meetings of parents, as well as faculty of Apple Pie Ridge, and that there are some very serious problems that need to be addressed and corrected. He further stated that certain teachers are prepared to leave and others are making preparation to leave unless the Administration is willing to take action on these concerns. Mr. Stiles stated that the press had let a story that some Board members were dissatisfied with Dr. Walker and they did not want him reappointed. He stated that he felt this was "shotie press at best" and he did not know of any Board member making such a statement. Mr. Stiles further stated that over the years he had been contacted by County residents that have been concerned about actions of the School administration and he felt any citizen had the right to contact their Board member on any School matter. He further stated that he and Mr. Hott had had disagreements over the ten years that Mr. Hott has served on the School Board but that is how it should work and they will con- tinue to communicate still knowing that they will not always agree. He stated that he felt there are issues that definitely need to be resolved in order for the system to work as it should. The two School Board appointments will be voted on at the next Board meeting. 564 LANDFILL RATE INCREASE - APPROVED Upon motion made by Charles W. Orndoff, Sr., seconded by L� A. Putnam and passed unanimously, the following rate increase was approved for the County Landfill: Municipal Rate Commercial Rate Current $8 per ton $10 per ton Proposed $10 per ton $12 per ton REQUEST FROM FREDERICK MALL LAND TRUST RE: WATER AND SEWER - NO ACTION TAKEN Mr. Stiles appointed Mr. Riley and Mr. Putnam to work on this and report back to the Board at their meeting in July. PLANNING COMMISSION BUSINESS PUBLIC HEARING AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER AND I.V"W.LLLU"ft1 U - mrrnyyzu Mr. Watkins, Planning and Development Director, presented this request and stated that the Planning Commission rec approval. Upon motion made by Dudley H. Rinker, seconded by Robert M Rhodes and passed unanimously, the following Ordinance amendment was approved: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, ARTICLE IV, A -2 (AGRICULTURAL GENERAL) DISTRICT, TO ALLOW BUSINESSES RETAILING NURSERY STOCK AND RELATED MATERIALS AND LANDSCAPE CONTRACTING BUSINESSES AS CONDITIONAL USE TO READ AS FOLLOWS: 4 -2 Use Regulations 4 -2 -29.26 Businesses that retail or wholesale nursery stock and related materials and landscape contracting businesses. 4 -2 -3 Orchards, horticulture and the production of nursery stock and products. REZONING APPLICATION #020 -86 - ATHEY TRUCKING COMPANY - OPEQUON MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this request. Mr. Rinker asked about the screening that would be used. Mr. Watkins replied that the screening would be addressed when the final site plan was prepared. Mr. Joe Massie, Attorney, appeared before the Board on behalf of Mr. Athey. 565 Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes and passed unanimously, rezoning application number 020 -86 of Athey Trucking Company, Route 1, Box 364, Stephens City, Virginia, to rezone approximately two acres from RP (Residential Performance) to M -1 (Industrial Limited) was approved. This property is identified as Parcel 87 on Tax Map 86 in the Opequon Magisterial District. REZONING REQUEST #004 -88 - ROBERT AND KITTY HOCKMAN - BACK CREEK AND SHAWNEE MAGISTERIAL DISTRICTS - TABLED Mr. Watkins presented this request. Mr. Stiles stated that once the sewer situation is final- ized in this area this request will be considered by the Board. This request was sent to the Board without any recommenda- tion from the Planning Commission. Mr. Theodore Porter, of Clifton B. Good Realty, appeared before the Board on behalf of this request. Mr. Stiles explained to Mr. Porter that once the agreement dealing with water and sewer in this area has been worked out, which should be done by the end of June, the Board can consider this request. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, rezoning request number 004 -88 of Robert and Kitty Hockman was tabled. REZONING REQUEST #011 -88 - REMINGTON J. CUSSEN - SHAWNEE MAGISTERIAL DISTRICT - DENIED Mr. Watkins presented this request and stated that the Plan- ning Commission recommended approval. Mr. Cussen appeared before the Board on behalf of his re- quest. Mr. Brian Hill, neighbor, appeared before the Board to oppose this request and stated that at this point no one knows how many homes are planned, two or fifty. He stated that he did not feel any further building is needed on Senseny Road. Mr. Hill gave statistics which spelled out all the building that has taken place on Senseny Road in the past few years. He further stated that Senseny Road was built in 1916 and other than a few curves being straightened nothing else has been done to this 566 road. He stated that the traffic count on this road per day is 7,258 vehicles and at this point Senseny Road is not included the Six Year Road Improvement Plan of the Virginia Department o Highways and Transportation. Mr. Hill asked if the County's overall master plan called for all the building to be done on Senseny Road and the Eastern end of Frederick County. Mr. Stiles addressed some of Mr. Hill's concerns and stat that the majority of this building had been the result of cen- tral water and sewer being made available through the soon to b complete Wastewater Reclamation Plant on the Opequon at the Frederick County line. He further stated that he felt the Ordinance change that was enacted in December, 1987 will change the future development in this area and that up to this point the Highway Department has not felt it was necessary to do any major improvement to Senseny Road. Mr. Putnam made the following statement: "I do have concerns about the traffic problem. It is something that we need to address, we are planning to address it, it will take a little time to decide where the road should go. This particular property is outside of the urban development area, it lies East of the current property registered RP. Certainly at this time, at least on the basis of that, I move for the denial of this application ". Seconded by Roger L. Crosen and passed unanimously, rezoning request number 011 -88 of Remington J. Cussen, Route 1, Box 1300, Berryville, Virginia, to rezone 18.172 acres from A -2 (Agricultural General) to RP (Residential Performance) was denied. This property is located on the North side of Senseny Road, 3/10 miles East of State Route 867, 4/10 miles West of Opequon Creek (Clarke County Line) and is identified as Parcel 194B on Tax Map 65 in the Shawnee Magisterial District. REZONING REQUEST #012 -88 - MACLELLAN ASSOCIATES - GAINESBORO MAGISTERIAL DISTRICT - APPROVED Mr. Watkins presented this request and stated that the Planning Commission recommended approval. Mr. Tom Rockwood, Attorney, appeared before the Board on behalf of this request. 567 Mr. Crosen asked who the principles are in this request. Mr. Rockwood replied Drs. MacLellan, Apostle and Jackson; North Management Properties, Inc.; James and Claude Huntsberry and Dr. Ziegler. Upon motion made by Roger L. Crosen, seconded by Dudley H. Rinker and passed unanimously, rezoning request number 012 -88 of MacLellan Associates, P. 0. Box 692, Winchester, Virginia, to rezone 1.27 acres from RP (Residential Performance) to B -2 (Business General) was approved. This property is located on Route 522 North between Oak and Hickory streets and is identi- fied as Parcels 9, C and D on Tax Map 53A in the Gainesboro Magisterial District. CONDITIONAL USE PERMIT 0009 -88 - READING LANDSCAPES, - INC. - GAINESBORO MAGI STERIAL DIS - APPROVED Mr. Watkins presented this request and stated that the Plan- ning Commission had tabled this on June 1, 1988 until such time as the Board had time to act on an amendment allowing businesses retailing nursery stock and related materials and landscape con- tracting businesses as a conditional use in an agricultural zone. Mr. Michael Bryan, Attorney, appeared before the Board on behalf of this request. Upon motion made by Roger L. Crosen, seconded by Robert M. Rhodes and passed unanimously, conditional use permit number 009 -88 of Reading Landscapes, Inc., P. 0. Box 2204, Winchester, Virginia, for a landscape contracting business /retail nursery business was approved. This property is located on the West side of U. S. Route 522 North at Albin and is designated as Parcel 76 on Tax Map 42 in the Gainesboro Magisterial District. Mr. Watkins asked if the Board wanted any conditions added other than those listed. Mr. Crosen asked about operations other than daylight hours. Mr. Bryan stated this would cause some problem during the sale of Christmas trees. 568 Mr. Crosen stated that he would agree to let it stay as it is and if there are any problems they would be addressed at renewal time. COMMITTE REPORTS PARKS AND RECREATION COMMISSION REPORT Mr. Rinker, Board Liaison on the Parks and Recreation Commission, presented the following report and stated that it was for the Board's information and no action was necessary: The Parks and Recreation Commission met on May 17, 1988. Members present were Robert Roper, Patricia Perry, Carole Ambrogi, Carmen Rio, Donald Wilson, Courtland Smith, Thomas Grove and Dudley Rinker. The following action was taken on agenda items: Request from Dr. Steele, Aylor School Dr. Steele wanted to use the County pool for 3 weeks prior to its opening for students in the School's adaptive physical education program. The School would provide transportation, a physical education instructor and certified swimming instructor. It was the consensus of the Commission to deny the request, prior to the scheduled opening on Memorial Day, based on opera- tional costs, weather conditions and the absence of a lifeguard. Request from Stephens City United Methodist Church The Church is researching the possibility of establishing an Extended School Care Program to be held at the Church. They would like assistance from the Department on programming and leadership. It was the consensus of the Commission to continue to hold day care programs at school locations rather than isolat ed areas in the County. Jaycees Forum (Cable TV) Taping of this program occurs on the third Tuesday of the month (same date as the Commission meeting). It was the cons sus of the Commission to combine the June and July meetings so the Chairman and Director can appear on the forum. Board /Commission Tour /Cookout, June 9 Since two of the Commission members will be out of town on this date, the members asked the Director to look at alternative 56 9 dates so all members could attend. If other dates are not suit- able, the tour will be held on June 9. Bylaws Changes It was the consensus of the Commission to delete the follow- ing requirement under Article 6, Section 7., Planning and Responsibilities: c. At least one district council meeting shall be held per year with no fewer than 10 persons in attend- ance. These ten persons shall consist of one Board of Super- visor, the Commission member and ten persons from the magisteri- al district; a staff person is optional. Public hearings would be scheduled as needed. Request for Impact Funds, Town of Stephens City Mr. Michael Kehoe, Town Administrator /Engineer, is request- ing $2,500 in Opequon District Impact Funds to replace play- ground equipment and ballfield bleachers at the Town Park. It was the consensus of the Commission to approve the request and forward it to the Finance Committee and the Board of Supervisors for approval. Sherando Park Maintenance Shed It was the consensus of the Commission to accept the recom- mendation of the Commission's CIP Committee to construct a 65 ft. x 40 ft. structure with a slab floor, as designed. Radiant heat (gas) will be donated by Valley Pike Tire and Battery. Sewer Extension to Proposed Pool Site at Sherando Park As recommended by the Commission's CIP Committee, it was also the consensus of the Commission to have the Sanitation Authority include a sewer extension from the Stephens Run inter- ceptor plant to the proposed pool site on the Southside of Route 277 in their bid package. The Commission also recommended bring- ing water to the site instead of a well and holding tank. FINANCE COMMITTEE R EPORT Mr. Rhodes, Chairman of the Finance Committee, presented the following report: The Finance Committee met on June 7, 1968, at 5:30 P.M., in the Old Courthouse Conference Room. Carl Fryling was absent. All other members were present. 570 The following items require Board action: Re uest from the Jail Project Coordinator for a FY 1987-1988 Northwest Regional Jail Fund Appropriation Transfer - Approved Request from the Jail Project Coordinator for a FY 1987- 1988 Northwest Regional Jail fund appropriation transfer from contingency in the amount of $800 to provide a 10% local match II for a grant for the regional jail study program at the Shenan- II doah County Jail. See attached memo. The Committee recommends 11 approval. Upon motion made by Robert M. Rhodes, seconded by Dudley Hi Rinker and passed unanimously, the above recommendation was approved. Request from the Jail Project Coordinator for A22roval of Their Final Revision of the Project s FY 88-89 a — ,A3. 4- - Annrnl7PA Request from the Jail Project Coordinator for approval of their final revision of the Project's FY 88 -89 budget. See attached budget and memo. The revised budget includes an in- crease of $321 over the budget approved in April, 1988. The Committee recommends approval. Upon motion made by Robert M. Rhodes and seconded by L. A.I Putnam, to approve the above recommendation. The above motion was passed by the following recorded vote; Aye - Robert M. Rhodes, Dudley H. Rinker, Roger L. Crosen, L. A. Putnam and Charles W. Orndoff, Sr. Nay - Kenneth Y. Stiles. Mr. Stiles stated that this needed to be looked into and referred it to the Law Enforcement and Courts Committee. Request for a FY 1987 -1988 Sanitary District Supplemental Appropriation in the Amount of $4,0 for Road Improve- ments - A bid was received for patching and filling for approxi- mately $3,600 more than was anticipated. The Committee recom- mends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H Rinker and passed unanimously, the above recommendation was approved. .e quest for ApproEriation of Impact Funds, FY 1987 -1988 n the Amount of 2,5 - Approv 5i 1. Request for appropriation of impact funds, FY 1987 -1988, in the amount of $2,500 to replace playground equipment and bleachers at the Stephens City Town Park. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. st from the School for a FY 1987 -1988 School Linn FIInA - Annv;Ti A Request from the School for a FY 1987 -1988 school operating fund appropriation transfer in the amount of $1,037. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. st from the School for a FY 1987 -1988 Supplemental Request from the School for a FY 1987 -1988 supplemental appropriation for the summer enrichment programs in the amount of $6,880. The Committee recommends approval. 11 Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. Mr. Stiles addressed the ongoing topic of the construction of the outdoor athletic facilities at Ridge Campus and their recent figures to have this completed as released by the School Board. He stated that the Board had agreed during budget discussion to spend one -half million dollars on this project with the School Board providing the matching one -half million, however, the Board is not interested in doing this if the project will only be half complete. He requested that Mr. Riley contact Dr. Walker concerning this project requesting from him the total figure in order to have this project completed once and for all. Mr. Putnam stated that he would like to visit the site. 7 Mr. Crosen stated that he felt this project needed to be completed as he did not want to spend the next four years talking about it. st for a FY 1987 -1988 General Fund Appropriation an Request for a FY 1987 -1988 general fund appropriation tran fer in the amount of $1,000 in order to pay expenses of the puter phone line in Inspections. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by L. A. Putnam and passed unanimously, the above recommendation was approved. q uest for FY 1987 -1988 General Fund Appropriation ansfers in the Amount of ,900 in the Inspections An +t - nnnrnvaA See attached memo. These expenses are related to their recent upgrade in computers. 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 Planning Director to Establish a Pett Cash Fund - Approved Request from the Planning Director to establish a petty cash fund for zoning in the amount of $25. See attached memo. 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 Historical Society for a General Fund Supplemental Appropriation in the Amount of 15, 00 for a Frederick County Landmark Survey - App roved See attached memo from the Survey Committee. If approved, please state in which fiscal year. The Committee recommends approval for fiscal year 1988 -1989. For insurance reasons only County employees can drive County vehicles. The County does not have central purchasing and does not stock film. We do not have access to cost, other than retail costs, on small quantities. 573 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 FY 1988 -1989 Central Fund Supplemental Appropriation - Approved Request from Parks and Recreation for a FY 1988 -1989 central fund supplemental appropriation for a mini van and Sedan in the amount of $28,000. See attached memo. The Committee recommends approval provided carry forward funds from Parks' budget are available. It is also recommended that State con- tract be used for the purchases. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. Mr. Rinker stated that he understood that the School Board had some available vans that Parks and Recreation might purchase. The Middletown Volunteer Fire & Rescue Company Requests a General Fund Ap ro riation from Fund Balance Reserve - Fire Company Capital in the Amo o $10,000 - Approved The Middletown Volunteer Fire & Rescue Company requests a general fund appropriation from fund balance reserve - fire com- pany capital in the amount of $10,000 for down payment on a new fire truck. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. The County Administrator Requests a FY 1988 -1989 General Fund Appropriation of $1,500 to Join the Virginia Innovation Group - Approved See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the above recommendation was approved. The Winchester - Frederick County Chamber of Commerce and Visitor Center Requests a FY 8 -1989 General Fund Appropriation in the Amount o ,5 0 - Approved The Winchester- Frederick County Chamber of Commerce and Visitor Center requests a FY 1988 -1989 general fund appropria- 574 tion in the amount of $2,500 for the Group Marketing Council. See attached memo. The Committee recommends approval. Upon motion made by Robert M. Rhodes and seconded by L. A. Putnam, to approve the above recommendation. 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. Dudley H. Rinker ab- stained. It was noted that the City of Winchester has put this on hold for now. The following is for your information only: 1. Request from the Sheriff's Department relating to a $400 check received by the Sheriff. The Committee recommends the Sheriff be given the $400. MEALS TAX SET AT 2% Upon motion made by Robert M. Rhodes, seconded by Dudley H, Rinker and passed unanimously, to have Mr. Riley contact the Courts with reference to having the 2% meals tax put to referen- dum at the Election this Fall. CANCELLED LAST MEETING IN JULY (27TH) AND THE FIRST G IN AUG UST (10TH) OR BOARD VACATION UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. C i an, Boa d of Supervisors Cle ', 3oard of Su I ervi ors